2002 Legislation
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HOUSE BILL NO. 560 – Records, evacuatn/emergency respons

HOUSE BILL NO. 560

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0560......................................................by STATE AFFAIRS
RECORDS - Amends existing law to delete reference to operation and security
manuals, plans or codes of county jails and buildings owned or leased by
the Idaho state government, a county or a city; to exempt from disclosure
the records of buildings, facilities, infrastructures and systems held by
or in the custody of any public agency only when the disclosure of such
information would jeopardize the safety of persons or the public safety;
and to provide that those records may include emergency evacuation, escape
or other emergency response plans, vulnerability assessments, operation and
security manuals, plans, blueprints or security codes.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 69-0-1
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
      Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
      Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Ridinger
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
02/12    Senate intro - 1st rdg - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
      Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler
      NAYS -- None
      Absent and excused -- Frasure, Goedde, Marley, Sandy, Williams
    Floor Sponsor - Richardson
    Title apvd - to House
02/22    To enrol
02/25    Rpt enrol - Sp signed
02/26    Pres signed
02/27    To Governor
03/04    Governor signed
         Session Law Chapter 62
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 560
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B,  IDAHO  CODE,  TO  DELETE
  3        REFERENCE  TO  OPERATION  AND  SECURITY  MANUALS, PLANS OR CODES OF COUNTY
  4        JAILS AND BUILDINGS OWNED OR LEASED BY IDAHO STATE GOVERNMENT, A COUNTY OR
  5        A CITY, TO  EXEMPT  FROM  DISCLOSURE  RECORDS  OF  BUILDINGS,  FACILITIES,
  6        INFRASTRUCTURES AND SYSTEMS HELD BY OR IN THE CUSTODY OF ANY PUBLIC AGENCY
  7        ONLY  WHEN  THE DISCLOSURE OF SUCH INFORMATION WOULD JEOPARDIZE THE SAFETY
  8        OF PERSONS OR THE PUBLIC SAFETY, TO PROVIDE THAT SUCH RECORDS MAY  INCLUDE
  9        EMERGENCY  EVACUATION,  ESCAPE  OR OTHER EMERGENCY RESPONSE PLANS, VULNER-
 10        ABILITY ASSESSMENTS, OPERATION AND SECURITY MANUALS, PLANS, BLUEPRINTS  OR
 11        SECURITY CODES, TO DEFINE "SYSTEM" AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  9-340B, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 16    TIGATORY  RECORDS  OF  AGENCIES,  EVACUATION  AND  EMERGENCY  RESPONSE  PLANS,
 17    WORKER'S COMPENSATION. The following records are exempt from disclosure:
 18        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 19    tion 9-337(6), Idaho Code, under the conditions set forth  in  section  9-335,
 20    Idaho Code.
 21        (2)  Juvenile  records of a person maintained pursuant to chapter 5, title
 22    20, Idaho Code, except that facts contained in such records shall be furnished
 23    upon request in a manner determined by the court to persons  and  governmental
 24    and private agencies and institutions conducting pertinent research studies or
 25    having  a  legitimate interest in the protection, welfare and treatment of the
 26    juvenile who is thirteen (13) years of age or  younger.  If  the  juvenile  is
 27    petitioned  or  charged  with  an offense which would be a criminal offense if
 28    committed by an adult, the name, offense of which the juvenile was  petitioned
 29    or charged and disposition of the court shall be subject to disclosure as pro-
 30    vided  in  section  20-525,  Idaho  Code. Additionally, facts contained in any
 31    records of a juvenile maintained under chapter 5, title 20, Idaho Code,  shall
 32    be  furnished  upon  request  to  any  school  district  where the juvenile is
 33    enrolled or is seeking enrollment.
 34        (3)  (a)  The following records of the department of correction:
 35             (i)   Records of which the public interest in confidentiality, public
 36             safety, security and habilitation clearly outweighs the public inter-
 37             est in disclosure as identified pursuant  to  the  authority  of  the
 38             Idaho board of correction under section 20-212, Idaho Code;
 39             (ii)  Records that contain any identifying information, or any infor-
 40             mation  that  would lead to the identification of any victims or wit-
 41             nesses;
 42             (iii) Records that reflect future transportation  or  movement  of  a
 43             prisoner;
                                                                        
                                           2
                                                                        
  1             (iv)  Records  gathered during the course of the presentence investi-
  2             gation;
  3             (v)   Records of a prisoner, as defined in  section  9-337(9),  Idaho
  4             Code,  or probationer shall not be disclosed to any other prisoner or
  5             probationer.
  6        (b)  Operation and security manuals, plans or codes of  county  jails  and
  7        buildings  owned  or leased by Idaho state government, a county or a city.
  8        "Operation manuals" are those internal documents of any  state  government
  9        agency,  county  or  city building or jail that define the procedures uti-
 10        lized to maintain security within the building or jail. "Plans  or  codes"
 11        relate  only to those documents, the release of which could jeopardize the
 12        safety of workers, visitors or prisoners in those buildings, or  adversely
 13        affect the public safety Records of buildings, facilities, infrastructures
 14        and  systems  held by or in the custody of any public agency only when the
 15        disclosure of such information would jeopardize the safety of  persons  or
 16        the  public  safety. Such records may include emergency evacuation, escape
 17        or other emergency response plans,  vulnerability  assessments,  operation
 18        and security manuals, plans, blueprints or security codes. For purposes of
 19        this  section  "system"  shall  mean electrical, heating, ventilation, air
 20        conditioning and telecommunication systems.
 21        (c)  Records of the commission of pardons and parole shall be exempt  from
 22        public  disclosure  pursuant  to  section 20-213A, Idaho Code, and section
 23        20-223, Idaho Code. Records exempt  from  disclosure  shall  also  include
 24        those containing the names, addresses and written statements of victims.
 25        (4)  Voting records of the sexual offender classification board. In accor-
 26    dance  with  section  18-8315,  Idaho  Code, the written record of the vote to
 27    classify an offender as a violent sexual predator by each board member in each
 28    case reviewed by that board member shall be exempt from disclosure to the pub-
 29    lic and shall be made available upon request only to the governor, the  chair-
 30    man of the senate judiciary and rules committee, and the chairman of the house
 31    of representatives judiciary, rules and administration committee, for all law-
 32    ful purposes.
 33        (5)  Records  of  the sheriff or Idaho state police received or maintained
 34    pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
 35        (6)  Records of investigations prepared by the department  of  health  and
 36    welfare pursuant to its statutory responsibilities dealing with the protection
 37    of children, the rehabilitation of youth, adoptions and the commitment of men-
 38    tally ill persons.
 39        (7)  Records including, but not limited to, investigative reports, result-
 40    ing  from  investigations  conducted into complaints of discrimination made to
 41    the Idaho human rights commission  unless  the  public  interest  in  allowing
 42    inspection and copying of such records outweighs the legitimate public or pri-
 43    vate  interest  in  maintaining  confidentiality of such records. A person may
 44    inspect and copy documents from an investigative file to which he or she is  a
 45    named  party if such documents are not otherwise prohibited from disclosure by
 46    federal law or regulation or state law. The confidentiality of this subsection
 47    will no longer apply to any record used in any judicial proceeding brought  by
 48    a  named party to the complaint or investigation, or by the Idaho human rights
 49    commission, relating to the complaint of discrimination.
 50        (8)  Records containing information obtained by the manager of  the  Idaho
 51    state  insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or on
 52    behalf of employers or employees contained in underwriting and claims for ben-
 53    efits files.
 54        (9)  The worker's compensation records of the Idaho industrial  commission
 55    provided that the industrial commission shall make such records available:
                                                                        
                                           3
                                                                        
  1        (a)  To  the  parties in any worker's compensation claim and to the indus-
  2        trial special indemnity fund of the state of Idaho; or
  3        (b)  To employers and prospective employers subject to the  provisions  of
  4        the  Americans  with disabilities act, 42 U.S.C. 12112, or other statutory
  5        limitations, who certify that the  information  is  being  requested  with
  6        respect  to a worker to whom the employer has extended an offer of employ-
  7        ment and will be used in accordance with the provisions of  the  Americans
  8        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
  9        (c)  To employers and prospective employers not subject to the provisions
 10        of  the  Americans with disabilities act, 42 U.S.C. 12112, or other statu-
 11        tory limitations, provided the employer presents a  written  authorization
 12        from the person to whom the records pertain; or
 13        (d)  To  others  who  demonstrate  that  the  public  interest in allowing
 14        inspection and copying of such records outweighs  the  public  or  private
 15        interest in maintaining the confidentiality of such records, as determined
 16        by a civil court of competent jurisdiction.
 17        (10) Records of investigations compiled by the commission on aging involv-
 18    ing  vulnerable  adults, as defined in section 18-1505, Idaho Code, alleged to
 19    be abused, neglected or exploited.
 20        (11) Criminal history records and  fingerprints,  as  defined  by  section
 21    67-3001,  Idaho  Code,  and  compiled  by the Idaho state police. Such records
 22    shall be released only in accordance with chapter 30, title 67, Idaho Code.
 23        (12) Records furnished or obtained  pursuant  to  section  41-1019,  Idaho
 24    Code,  regarding  termination of an appointment, employment, contract or other
 25    insurance business relationship between an insurer and a producer.
 26        (123) Records of a prisoner or former prisoner in the custody of any state
 27    or local correctional facility, when the request is made by  another  prisoner
 28    in the custody of any state or local correctional facility.

Statement of Purpose / Fiscal Impact



	               STATEMENT OF PURPOSE
                            RS 11927C1


This proposal amends Chapter 3, Title 9, Idaho Code, by amending 
section 9-340B(3) (b), to exempt from disclosure, certain records 
relating to buildings, structures or facilities. Records exempt 
from disclosure would include vulnerability assessments, evacuation 
routes, emergency planning documents, plans for buildings, but only 
when the disclosure of those documents would present a threat to 
public safety.

                           FISCAL IMPACT


There is no fiscal impact from this proposal.





CONTACTS:
Name:    William A. von Tagen
Agency:  Office of The Attorney General
Phone:   334-4140

Name:     Roy Eiguren
Agency:   Idaho Daily Newspapers
Phone:    388-1313



Statement of Purpose/Fiscal Impact		HB 560