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H0457......................................................by STATE AFFAIRS
RECORDS - Amends existing law to provide an exemption from disclosure for
certain records which contain vulnerability assessments of buildings or
facilities or which detail evacuation plans and emergency response plans.
01/18 House intro - 1st rdg - to printing
01/21 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 457
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B, IDAHO CODE, TO EXEMPT
3 FROM DISCLOSURE RECORDS WHICH CONTAIN VULNERABILITY ASSESSMENTS OF BUILD-
4 INGS OR FACILITIES OR RECORDS WHICH DETAIL EVACUATION PLANS OR EMERGENCY
5 RESPONSE PLANS AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
10 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS,
11 WORKER'S COMPENSATION. The following records are exempt from disclosure:
12 (1) Investigatory records of a law enforcement agency, as defined in sec-
13 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
14 Idaho Code.
15 (2) Juvenile records of a person maintained pursuant to chapter 5, title
16 20, Idaho Code, except that facts contained in such records shall be furnished
17 upon request in a manner determined by the court to persons and governmental
18 and private agencies and institutions conducting pertinent research studies or
19 having a legitimate interest in the protection, welfare and treatment of the
20 juvenile who is thirteen (13) years of age or younger. If the juvenile is
21 petitioned or charged with an offense which would be a criminal offense if
22 committed by an adult, the name, offense of which the juvenile was petitioned
23 or charged and disposition of the court shall be subject to disclosure as pro-
24 vided in section 20-525, Idaho Code. Additionally, facts contained in any
25 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
26 be furnished upon request to any school district where the juvenile is
27 enrolled or is seeking enrollment.
28 (3) (a) The following records of the department of correction:
29 (i) Records of which the public interest in confidentiality, public
30 safety, security and habilitation clearly outweighs the public inter-
31 est in disclosure as identified pursuant to the authority of the
32 Idaho board of correction under section 20-212, Idaho Code;
33 (ii) Records that contain any identifying information, or any infor-
34 mation that would lead to the identification of any victims or wit-
35 nesses;
36 (iii) Records that reflect future transportation or movement of a
37 prisoner;
38 (iv) Records gathered during the course of the presentence investi-
39 gation;
40 (v) Records of a prisoner, as defined in section 9-337(9), Idaho
41 Code, or probationer shall not be disclosed to any other prisoner or
42 probationer.
43 (b) Operation and security manuals, plans or codes of county jails and
2
1 buildings owned or leased by Idaho state government, a county or a city.
2 "Operation manuals" are those internal documents of any state government
3 agency, county or city building or jail that define the procedures uti-
4 lized to maintain security within the building or jail. "Plans or codes"
5 relate only to those documents, the release of which could jeopardize the
6 safety of workers, visitors or prisoners in those buildings, or adversely
7 affect the public safety.
8 (c) Records of the commission of pardons and parole shall be exempt from
9 public disclosure pursuant to section 20-213A, Idaho Code, and section
10 20-223, Idaho Code. Records exempt from disclosure shall also include
11 those containing the names, addresses and written statements of victims.
12 (4) Voting records of the sexual offender classification board. In accor-
13 dance with section 18-8315, Idaho Code, the written record of the vote to
14 classify an offender as a violent sexual predator by each board member in each
15 case reviewed by that board member shall be exempt from disclosure to the pub-
16 lic and shall be made available upon request only to the governor, the chair-
17 man of the senate judiciary and rules committee, and the chairman of the house
18 of representatives judiciary, rules and administration committee, for all law-
19 ful purposes.
20 (5) Records of the sheriff or Idaho state police received or maintained
21 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
22 (6) Records of investigations prepared by the department of health and
23 welfare pursuant to its statutory responsibilities dealing with the protection
24 of children, the rehabilitation of youth, adoptions and the commitment of men-
25 tally ill persons.
26 (7) Records including, but not limited to, investigative reports, result-
27 ing from investigations conducted into complaints of discrimination made to
28 the Idaho human rights commission unless the public interest in allowing
29 inspection and copying of such records outweighs the legitimate public or pri-
30 vate interest in maintaining confidentiality of such records. A person may
31 inspect and copy documents from an investigative file to which he or she is a
32 named party if such documents are not otherwise prohibited from disclosure by
33 federal law or regulation or state law. The confidentiality of this subsection
34 will no longer apply to any record used in any judicial proceeding brought by
35 a named party to the complaint or investigation, or by the Idaho human rights
36 commission, relating to the complaint of discrimination.
37 (8) Records containing information obtained by the manager of the Idaho
38 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
39 behalf of employers or employees contained in underwriting and claims for ben-
40 efits files.
41 (9) The worker's compensation records of the Idaho industrial commission
42 provided that the industrial commission shall make such records available:
43 (a) To the parties in any worker's compensation claim and to the indus-
44 trial special indemnity fund of the state of Idaho; or
45 (b) To employers and prospective employers subject to the provisions of
46 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
47 limitations, who certify that the information is being requested with
48 respect to a worker to whom the employer has extended an offer of employ-
49 ment and will be used in accordance with the provisions of the Americans
50 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
51 (c) To employers and prospective employers not subject to the provisions
52 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
53 tory limitations, provided the employer presents a written authorization
54 from the person to whom the records pertain; or
55 (d) To others who demonstrate that the public interest in allowing
3
1 inspection and copying of such records outweighs the public or private
2 interest in maintaining the confidentiality of such records, as determined
3 by a civil court of competent jurisdiction.
4 (10) Records of investigations compiled by the commission on aging involv-
5 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
6 be abused, neglected or exploited.
7 (11) Criminal history records and fingerprints, as defined by section
8 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
9 shall be released only in accordance with chapter 30, title 67, Idaho Code.
10 (12) Records furnished or obtained pursuant to section 41-1019, Idaho
11 Code, regarding termination of an appointment, employment, contract or other
12 insurance business relationship between an insurer and a producer.
13 (123) Records of a prisoner or former prisoner in the custody of any state
14 or local correctional facility, when the request is made by another prisoner
15 in the custody of any state or local correctional facility.
16 (14) The following records relating to emergency evacuations or emergency
17 response plans:
18 (a) Records containing vulnerability assessments of buildings or facili-
19 ties when the disclosure of such records would have a likelihood of
20 threatening public safety;
21 (b) Records containing evacuation, escape or other emergency response
22 plans of a public or private building, the public disclosure of which
23 would have a likelihood of threatening the security of the individuals
24 being evacuated or would threaten the public safety.
STATEMENT OF PURPOSE
RS 11544C2
This proposal amends Chapter 3, Title 9, Idaho Code by adding a
new section 9-3403, to exempt from disclosure, those records
which contain building or facility vulnerability.
FISCAL IMPACT
There is no fiscal impact from this proposal.
Contact
Name: William A. von Tagen, Office of the Attorney General
Phone: 208 334-4140
STATEMENT OF PURPOSE/FISCAL NOTE H 457