2002 Legislation
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HOUSE BILL NO. 649 – Record, voter regstrn card/not dscl

HOUSE BILL NO. 649

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H0649......................................................by STATE AFFAIRS
VOTER REGISTRATION CARDS - Amends existing law to provide an exemption from
disclosure for information on a voter registration card, including
specifically the social security number, date of birth and an elector's
home telephone number.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - Hld at desk
02/15    Ref'd to St Aff
02/28    Rpt out - to Gen Ord

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 649
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INFORMATION EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340C, IDAHO
  3        CODE, TO PROVIDE AN EXEMPTION FOR CERTAIN VOTER  REGISTRATION  INFORMATION
  4        AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  9-340C, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        9-340C.  RECORDS EXEMPT FROM DISCLOSURE  --  PERSONNEL  RECORDS,  PERSONAL
  9    INFORMATION,  HEALTH  RECORDS,  PROFESSIONAL DISCIPLINE. The following records
 10    are exempt from disclosure:
 11        (1)  Except as provided in this subsection, all  personnel  records  of  a
 12    current or former public official other than the public official's public ser-
 13    vice  or  employment  history,  classification, pay grade and step, longevity,
 14    gross salary and salary history, status, workplace and employing  agency.  All
 15    other personnel information relating to a public employee or applicant includ-
 16    ing,  but  not  limited  to,  information regarding sex, race, marital status,
 17    birth date, home address  and  telephone  number,  applications,  testing  and
 18    scoring  materials,  grievances,  correspondence  and performance evaluations,
 19    shall not be disclosed to the public without  the  employee's  or  applicant's
 20    written  consent.  A  public official or authorized representative may inspect
 21    and copy his personnel records, except for material used to  screen  and  test
 22    for employment.
 23        (2)  Retired employees' and retired public officials' home addresses, home
 24    telephone  numbers  and  other  financial and nonfinancial membership records;
 25    active and inactive member financial and membership records and mortgage port-
 26    folio loan documents maintained by  the  public  employee  retirement  system.
 27    Financial  statements  prepared by retirement system staff, funding agents and
 28    custodians concerning the investment of assets of the public employee  retire-
 29    ment system of Idaho are not considered confidential under this chapter.
 30        (3)  Information  and records submitted to the Idaho state lottery for the
 31    performance of background investigations of employees, lottery  retailers  and
 32    major procurement contractors; audit records of lottery retailers, vendors and
 33    major  procurement  contractors  submitted  to or performed by the Idaho state
 34    lottery; validation and security tests of the state lottery for lottery games;
 35    business records and information submitted pursuant to sections 67-7412(8) and
 36    (9) and 67-7421(8) and (9), Idaho Code, and  such  documents  and  information
 37    obtained  and  held  for  the  purposes  of lottery security and investigative
 38    action as determined by lottery rules unless the public interest in disclosure
 39    substantially outweighs the private need for protection  from  public  disclo-
 40    sure.
 41        (4)  Records of a personal nature as follows:
 42        (a)  Records  of  personal  debt filed with a public agency or independent
 43        public body corporate and politic pursuant to law;
                                                                        
                                           2
                                                                        
  1        (b)  Personal bank records compiled by a public depositor for the  purpose
  2        of public funds transactions conducted pursuant to law;
  3        (c)  Records  of  ownership  of financial obligations and instruments of a
  4        public agency or independent public body corporate and  politic,  such  as
  5        bonds,  compiled by the public agency or independent public body corporate
  6        and politic pursuant to law;
  7        (d)  Records, with regard to the ownership of, or security  interests  in,
  8        registered public obligations;
  9        (e)  Vital statistics records.
 10        (5)  Information  in  an  income  or other tax return measured by items of
 11    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 12    administering  the  tax,  except such information to the extent disclosed in a
 13    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 14    deficiency  determination  by the tax commission, under the provisions of sec-
 15    tion 63-3045B, Idaho Code.
 16        (6)  Records of a personal nature related directly or  indirectly  to  the
 17    application for and provision of statutory services rendered to persons apply-
 18    ing for public care for the elderly, indigent, or mentally or physically hand-
 19    icapped,  or  participation in an environmental or a public health study, pro-
 20    vided the provisions of this subsection making records exempt from  disclosure
 21    shall  not  apply  to the extent that such records or information contained in
 22    those records are necessary for a background check on an  individual  that  is
 23    required by federal law regulating the sale of firearms, guns or ammunition.
 24        (7)  Employment  security  information  and unemployment insurance benefit
 25    information, except that all interested parties may agree to waive the  exemp-
 26    tion.
 27        (8)  Any  personal records, other than names, business addresses and busi-
 28    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 29    tax  identification  and  social  security numbers, financial worth or medical
 30    condition submitted to any public agency or independent public body  corporate
 31    and  politic pursuant to a statutory requirement for licensing, certification,
 32    permit or bonding.
 33        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 34    part  of an inquiry into a person's fitness to be granted or retain a license,
 35    certificate, permit, privilege, commission or  position,  private  association
 36    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 37    which has records exempt from disclosure under the provisions of this  subsec-
 38    tion  shall  annually  make  available a statistical summary of the number and
 39    types of matters considered and their disposition.
 40        (10) The records, findings, determinations and decisions of any prelitiga-
 41    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 42        (11) Complaints received by the board of medicine and  investigations  and
 43    informal  proceedings,  including informal proceedings of any committee of the
 44    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 45    adopted thereunder.
 46        (12) Records  of  the  department of health and welfare or a public health
 47    district that identify a person infected with a reportable disease.
 48        (13) Records of hospital care, medical records,  including  prescriptions,
 49    drug  orders,  records or any other prescription information that specifically
 50    identifies an individual patient, prescription records maintained by the board
 51    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
 52    treatment and professional counseling records relating to an individual's con-
 53    dition, diagnosis, care or treatment, provided the provisions of this  subsec-
 54    tion  making records exempt from disclosure shall not apply to the extent that
 55    such records or information contained in those records  are  necessary  for  a
                                                                        
                                           3
                                                                        
  1    background  check  on an individual that is required by federal law regulating
  2    the sale of firearms, guns or ammunition.
  3        (14) Information collected pursuant to the directory  of  new  hires  act,
  4    chapter 16, title 72, Idaho Code.
  5        (15) Personal  information  contained  in motor vehicle and driver records
  6    that  is exempt from disclosure under the provisions of chapter 2,  title  49,
  7    Idaho Code.
  8        (16) Records  of  the financial status of prisoners pursuant to subsection
  9    (2) of section 20-607, Idaho Code.
 10        (17) Records of  the  Idaho  state  police  or  department  of  correction
 11    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 12    DNA databases and databanks.
 13        (18) Records of the department of health and welfare relating to a survey,
 14    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 15    exempt  from disclosure. Such records shall, however, be subject to disclosure
 16    as public records as soon as the facility in question has received the report,
 17    and no later than the fourteenth day following the  date  that  department  of
 18    health  and  welfare  representatives officially exit the facility pursuant to
 19    federal regulations. Provided however, that for purposes  of  confidentiality,
 20    no  record  shall be released under this section which specifically identifies
 21    any nursing facility resident.
 22        (19) Records and information contained in the  registry  of  immunizations
 23    against childhood diseases maintained in the department of health and welfare,
 24    including  information disseminated to others from the registry by the depart-
 25    ment of health and welfare.
 26        (20) Records of the Idaho housing and finance association (IHFA)  relating
 27    to the following:
 28        (a)  Records containing personal financial, family, health or similar per-
 29        sonal information submitted to or otherwise obtained by the IHFA;
 30        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 31        obtaining  and  servicing  mortgage  loans and all records relating to the
 32        review, approval or rejection by the IHFA of said loans;
 33        (c)  Mortgage portfolio loan documents;
 34        (d)  Records of a current or former employee  other  than  the  employee's
 35        duration of employment with the association, position held and location of
 36        employment.  This exemption from disclosure does not include the contracts
 37        of employment or any remuneration, including reimbursement of expenses, of
 38        the executive director, executive officers or commissioners of the associ-
 39        ation. All other personnel information relating to an association employee
 40        or applicant including, but not limited  to,  information  regarding  sex,
 41        race,  marital  status,  birth  date,  home  address and telephone number,
 42        applications, testing and scoring materials,  grievances,  correspondence,
 43        retirement plan information and performance evaluations, shall not be dis-
 44        closed  to  the  public without the employee's or applicant's written con-
 45        sent. An employee or authorized representative may inspect and  copy  that
 46        employee's  personnel records, except for material used to screen and test
 47        for employment or material not subject  to  disclosure  elsewhere  in  the
 48        Idaho public records act.
 49        (201) Records  of  the  department  of health and welfare related to child
 50    support services in cases in which there is reasonable  evidence  of  domestic
 51    violence,  as defined in chapter 63, title 39, Idaho Code, that can be used to
 52    locate any individuals in the child support case except in response to a court
 53    order.
 54        (22) The physical voter registration card shall be exempt from disclosure.
 55    The information on the card, except for a registered voter's  social  security
                                                                        
                                           4
                                                                        
  1    number and date of birth, may be disclosed.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12025 C1

All Idahoans wishing to vote in an election must register with
their county clerk before being able to vote in any primary,
general, special, or any other election.  The county clerk
retains on file the voter registration card containing the
personal information of each registered voter.  These cards are
deemed to be a public record and the county clerk is the
custodian of the record.

The purpose of this legislation is to exempt from disclosure the
actual (physical) voter registration card.  The information on
the card, except for the voter's social security number, and date
of birth, may be disclosed.

                          FISCAL IMPACT

None.

Contact
Name: Representative Kent Kunz 
Phone: 332-1120




STATEMENT OF PURPOSE/FISCAL NOTE                 H 649