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H0459aa....................................................by STATE AFFAIRS
RECORDS - Adds to existing law to provide that a court may provide for the
confidential treatment of records for which no exemption from disclosure
applies, upon certain standards being met; to provide procedures; to
provide for the award of costs and attorney's fees in certain instances;
and to provide for notification of the Legislature when a court has entered
a judgment or order regarding the confidentiality of documents.
01/18 House intro - 1st rdg - to printing
01/21 Rpt prt - to St Aff
02/06 Rpt out - to Gen Ord
02/12 Rpt out amen - to engros
02/13 Rpt engros - 1st rdg - to 2nd rdg as amen
02/14 2nd rdg - to 3rd rdg as amen
02/19 3rd rdg as amen - PASSED - 42-24-4
AYES -- Aikele, Barraclough, Bedke, Bell, Black, Bradford, Bruneel,
Campbell, Collins, Crow, Deal, Denney, Field(13), Gagner, Hadley,
Harwood, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, McKague, Meyer, Pearce, Pischner, Pomeroy,
Raybould, Sali, Sellman, Shepherd, Smith(23), Smylie, Stevenson,
Stone, Tilman, Trail, Young, Mr. Speaker
NAYS -- Barrett, Bieter, Block, Boe, Bolz, Callister, Clark, Cuddy,
Ellis, Ellsworth, Eskridge, Hammond, Henbest, Jaquet, Martinez,
Mortensen, Moyle, Ridinger, Roberts, Robison, Schaefer, Smith(33),
Wheeler, Wood
Absent and excused -- Field(20), Gould, Jones, Montgomery
Floor Sponsor - Pearce
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 459
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 9-340I, IDAHO CODE, TO PROVIDE THAT A COURT MAY
4 PROVIDE FOR THE CONFIDENTIAL TREATMENT OF RECORDS FOR WHICH NO EXEMPTION
5 FROM DISCLOSURE APPLIES UPON CERTAIN STANDARDS BEING MET, TO PROVIDE PRO-
6 CEDURES AND TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEY'S FEES IN CER-
7 TAIN INSTANCES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 3, Title 9, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 9-340I, Idaho Code, and to read as follows:
12 9-340I. COURT DECLARING RECORDS CONFIDENTIAL. (1) A court may, in a
13 declaratory action brought by the custodian of a public record, order the con-
14 fidential treatment of records for which no exemption from disclosure applies
15 if:
16 (a) The public agency or officer bringing the action has established by
17 clear and convincing evidence that the release of the document would con-
18 stitute a threat to the public safety or to the health or safety of an
19 individual; and
20 (b) The interests favoring restriction of access clearly outweigh the
21 interests favoring access.
22 (2) An action brought pursuant to this section must be brought within ten
23 (10) business days of the request for the public record and the court shall
24 consider the matter in an expedited fashion. Any action brought pursuant to
25 this section may only be brought with reference to a specific document or doc-
26 uments.
27 (3) The court shall examine, in camera, any records sought to be pro-
28 tected.
29 (4) If the court finds that withholding the document or record is not
30 warranted, the public agency opposing disclosure shall be responsible for the
31 costs and reasonable attorney's fees of the person seeking to examine the doc-
32 ument or record.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Hornbeck
Seconded by Ellsworth
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 459
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 12, delete "A" and insert: "After a
3 public agency receives a request for a public record, a"; and following line
4 32, insert:
5 "(5) The public agency or officer bringing an action pursuant to this
6 section shall, at the next legislative session, notify the legislature of any
7 case in which a court has entered a judgment or order regarding the confiden-
8 tial treatment of documents.".
9 CORRECTION TO TITLE
10 On page 1, in line 6, delete the first "AND" and insert: ","; and in line
11 7, following "INSTANCES" insert: "AND TO PROVIDE FOR NOTIFICATION BY THE PUB-
12 LIC AGENCY OR OFFICER TO THE LEGISLATURE AT THE SESSION FOLLOWING WHEN A COURT
13 HAS ENTERED A JUDGMENT OR ORDER REGARDING THE CONFIDENTIAL TREATMENT OF DOCU-
14 MENTS".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 459, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 9-340I, IDAHO CODE, TO PROVIDE THAT A COURT MAY
4 PROVIDE FOR THE CONFIDENTIAL TREATMENT OF RECORDS FOR WHICH NO EXEMPTION
5 FROM DISCLOSURE APPLIES UPON CERTAIN STANDARDS BEING MET, TO PROVIDE PRO-
6 CEDURES, TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEY'S FEES IN CERTAIN
7 INSTANCES AND TO PROVIDE FOR NOTIFICATION BY THE PUBLIC AGENCY OR OFFICER
8 TO THE LEGISLATURE AT THE SESSION FOLLOWING WHEN A COURT HAS ENTERED A
9 JUDGMENT OR ORDER REGARDING THE CONFIDENTIAL TREATMENT OF DOCUMENTS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Chapter 3, Title 9, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 9-340I, Idaho Code, and to read as follows:
14 9-340I. COURT DECLARING RECORDS CONFIDENTIAL. (1) After a public agency
15 receives a request for a public record, a court may, in a declaratory action
16 brought by the custodian of a public record, order the confidential treatment
17 of records for which no exemption from disclosure applies if:
18 (a) The public agency or officer bringing the action has established by
19 clear and convincing evidence that the release of the document would con-
20 stitute a threat to the public safety or to the health or safety of an
21 individual; and
22 (b) The interests favoring restriction of access clearly outweigh the
23 interests favoring access.
24 (2) An action brought pursuant to this section must be brought within ten
25 (10) business days of the request for the public record and the court shall
26 consider the matter in an expedited fashion. Any action brought pursuant to
27 this section may only be brought with reference to a specific document or doc-
28 uments.
29 (3) The court shall examine, in camera, any records sought to be pro-
30 tected.
31 (4) If the court finds that withholding the document or record is not
32 warranted, the public agency opposing disclosure shall be responsible for the
33 costs and reasonable attorney's fees of the person seeking to examine the doc-
34 ument or record.
35 (5) The public agency or officer bringing an action pursuant to this sec-
36 tion shall, at the next legislative session, notify the legislature of any
37 case in which a court has entered a judgment or order regarding the confiden-
38 tial treatment of documents.
STATEMENT OF PURPOSE
RS 11572C1
This proposal amends Chapter 3, Title 9, Idaho Code by adding a
new section 9-3401, to allow that a court may provide for the
confidential treatment of records for which no exemption from
disclosure applies upon certain standards being met. It will
also provide procedures for this process and provide for the
award of costs and attorney’s fees in certain instances.
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 459