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S1370................................................by JUDICIARY AND RULES
STATE BAR LAWYER ASSISTANCE PROGRAM - Adds to and amends existing law to
define the "Idaho State Bar Lawyer Assistance Program"; to provide that
records and proceedings of the Lawyer's Assistance Program are not subject
to subpoena or discovery and are not admissible as evidence; to provide
that certain persons associated with the Lawyer's Assistance Program may
not be compelled to testify; to provide that records regarding a
participant shall be released only if a properly completed release form
signed by the participant is submitted; and to provide for protected action
and communication for certain persons involved with the Lawyer's Assistance
Program; and to provide that records of the Lawyer's Assistance Program
shall be exempt from disclosure under the Public Records Act.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Jud
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 21-12-2
AYES -- Andreason, Cameron, Darrington, Davis, Deide, Dunklin,
Geddes, Goedde, Hill, King-Barrutia, Little, Lodge, Marley, Noh,
Risch, Sandy, Sims, Sorensen, Stennett, Thorne, Wheeler
NAYS -- Boatright, Brandt, Burtenshaw, Frasure, Hawkins, Ingram,
Ipsen, Keough, Richardson, Schroeder, Stegner, Williams
Absent and excused -- Branch(Bartlett), Bunderson
Floor Sponsor - Lodge
Title apvd - to House
02/28 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
Rls susp - PASSED - 48-16-6
AYES -- Aikele, Barraclough, Bell, Black, Block, Boe, Bolz, Bradford,
Bruneel, Callister, Clark, Collins, Crow, Deal, Denney, Field(13),
Field(20), Gagner, Gould, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Langford, Mader, Martinez,
Meyer, Montgomery, Mortensen, Pearce, Pomeroy, Raybould, Robison,
Sali, Sellman, Smith(33), Smith(23), Stevenson, Stone, Trail,
Wheeler, Young, Mr. Speaker
NAYS -- Barrett, Bedke, Ellis, Ellsworth, Eskridge, Hadley, Lake,
Loertscher, McKague, Moyle, Ridinger, Roberts, Schaefer, Smylie,
Tilman, Wood
Absent and excused -- Bieter, Campbell, Cuddy, Kunz, Pischner,
Shepherd
Floor Sponsor - Montgomery
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/27 Governor signed
Session Law Chapter 363
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1370
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATE BAR LAWYER ASSISTANCE PROGRAM; AMENDING TITLE 54,
3 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 49, TITLE 54, IDAHO CODE, TO
4 DEFINE "IDAHO STATE BAR LAWYER ASSISTANCE PROGRAM," TO PROVIDE THAT
5 RECORDS AND PROCEEDINGS OF THE LAWYER'S ASSISTANCE PROGRAM ARE NOT SUBJECT
6 TO SUBPOENA OR DISCOVERY AND ARE NOT ADMISSIBLE AS EVIDENCE, TO PROVIDE
7 THAT CERTAIN PERSONS ASSOCIATED WITH THE LAWYER'S ASSISTANCE PROGRAM MAY
8 NOT BE COMPELLED TO TESTIFY, TO PROVIDE THAT RECORDS REGARDING A PARTICI-
9 PANT SHALL BE RELEASED IF A PROPERLY COMPLETED RELEASE FORM SIGNED BY THE
10 PARTICIPANT IS SUBMITTED AND TO PROVIDE FOR PROTECTED ACTION AND COMMUNI-
11 CATION FOR CERTAIN PERSONS INVOLVED WITH THE LAWYER'S ASSISTANCE PROGRAM;
12 AND AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE THAT RECORDS OF THE
13 LAWYER'S ASSISTANCE PROGRAM SHALL BE EXEMPT FROM DISCLOSURE WITH AN EXCEP-
14 TION AND TO MAKE A TECHNICAL CORRECTION.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
17 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
18 ter 49, Title 54, Idaho Code, and to read as follows:
19 CHAPTER 49
20 IDAHO STATE BAR LAWYER ASSISTANCE PROGRAM
21 54-4901. DEFINITIONS -- RECORDS AND PROCEEDINGS OF THE LAWYER ASSISTANCE
22 PROGRAM. (1) As used in this chapter "Idaho State Bar Lawyer Assistance Pro-
23 gram" means the lawyer's assistance program created by the commissioners of
24 the Idaho state bar pursuant to section XII of the Idaho bar commission rules.
25 (2) The records and proceedings of the lawyer's assistance program are
26 not subject to subpoena or discovery and are not admissible as evidence in an
27 administrative proceeding or a criminal or civil action.
28 (3) Members of the board of commissioners of the Idaho state bar associa-
29 tion, members of the lawyer's assistance program committee, employees, con-
30 tractors and past or present participants in a lawyer's assistance program may
31 not be compelled to testify before any agency, board, commission or court with
32 respect to the lawyer's assistance program records and proceedings, regarding
33 a past or current lawyer's assistance program participant if that information
34 was obtained as a result of performing duties within his or her regular scope
35 of functions for the lawyer's assistance program or as a program participant.
36 (4) Records regarding a participant shall be released if a properly com-
37 pleted release form signed by the participant is submitted.
38 54-4902. PROTECTED ACTION AND COMMUNICATION. There shall be no liability
39 on the part of and no action for damages against:
40 (1) Any Idaho state bar commissioner, member of the lawyer's assistance
41 program committee, member, employee or contractor of a lawyer's assistance
2
1 program for any action taken or performed by such person within the scope of
2 the functions of such lawyer's assistance program when acting without malice
3 and in the reasonable belief that the action taken by him is warranted; or
4 (2) Any person providing information to the lawyer's assistance program
5 without malice in the reasonable belief that such information is accurate.
6 SECTION 2. 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;
44 (b) Personal bank records compiled by a public depositor for the purpose
45 of public funds transactions conducted pursuant to law;
46 (c) Records of ownership of financial obligations and instruments of a
47 public agency or independent public body corporate and politic, such as
48 bonds, compiled by the public agency or independent public body corporate
49 and politic pursuant to law;
50 (d) Records, with regard to the ownership of, or security interests in,
51 registered public obligations;
52 (e) Vital statistics records.
53 (5) Information in an income or other tax return measured by items of
3
1 income or sales, which is gathered by a public agency for the purpose of
2 administering the tax, except such information to the extent disclosed in a
3 written decision of the tax commission pursuant to a taxpayer protest of a
4 deficiency determination by the tax commission, under the provisions of sec-
5 tion 63-3045B, Idaho Code.
6 (6) Records of a personal nature related directly or indirectly to the
7 application for and provision of statutory services rendered to persons apply-
8 ing for public care for the elderly, indigent, or mentally or physically hand-
9 icapped, or participation in an environmental or a public health study, pro-
10 vided the provisions of this subsection making records exempt from disclosure
11 shall not apply to the extent that such records or information contained in
12 those records are necessary for a background check on an individual that is
13 required by federal law regulating the sale of firearms, guns or ammunition.
14 (7) Employment security information and unemployment insurance benefit
15 information, except that all interested parties may agree to waive the exemp-
16 tion.
17 (8) Any personal records, other than names, business addresses and busi-
18 ness phone numbers, such as parentage, race, religion, sex, height, weight,
19 tax identification and social security numbers, financial worth or medical
20 condition submitted to any public agency or independent public body corporate
21 and politic pursuant to a statutory requirement for licensing, certification,
22 permit or bonding.
23 (9) Unless otherwise provided by agency rule, information obtained as
24 part of an inquiry into a person's fitness to be granted or retain a license,
25 certificate, permit, privilege, commission or position, private association
26 peer review committee records authorized in title 54, Idaho Code. Any agency
27 which has records exempt from disclosure under the provisions of this subsec-
28 tion shall annually make available a statistical summary of the number and
29 types of matters considered and their disposition.
30 (10) The records, findings, determinations and decisions of any prelitiga-
31 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
32 (11) Complaints received by the board of medicine and investigations and
33 informal proceedings, including informal proceedings of any committee of the
34 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules
35 adopted thereunder.
36 (12) Records of the department of health and welfare or a public health
37 district that identify a person infected with a reportable disease.
38 (13) Records of hospital care, medical records, including prescriptions,
39 drug orders, records or any other prescription information that specifically
40 identifies an individual patient, prescription records maintained by the board
41 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
42 treatment and professional counseling records relating to an individual's con-
43 dition, diagnosis, care or treatment, provided the provisions of this subsec-
44 tion making records exempt from disclosure shall not apply to the extent that
45 such records or information contained in those records are necessary for a
46 background check on an individual that is required by federal law regulating
47 the sale of firearms, guns or ammunition.
48 (14) Information collected pursuant to the directory of new hires act,
49 chapter 16, title 72, Idaho Code.
50 (15) Personal information contained in motor vehicle and driver records
51 that is exempt from disclosure under the provisions of chapter 2, title 49,
52 Idaho Code.
53 (16) Records of the financial status of prisoners pursuant to subsection
54 (2) of section 20-607, Idaho Code.
55 (17) Records of the Idaho state police or department of correction
4
1 received or maintained pursuant to section 19-5514, Idaho Code, relating to
2 DNA databases and databanks.
3 (18) Records of the department of health and welfare relating to a survey,
4 resurvey or complaint investigation of a licensed nursing facility shall be
5 exempt from disclosure. Such records shall, however, be subject to disclosure
6 as public records as soon as the facility in question has received the report,
7 and no later than the fourteenth day following the date that department of
8 health and welfare representatives officially exit the facility pursuant to
9 federal regulations. Provided however, that for purposes of confidentiality,
10 no record shall be released under this section which specifically identifies
11 any nursing facility resident.
12 (19) Records and information contained in the registry of immunizations
13 against childhood diseases maintained in the department of health and welfare,
14 including information disseminated to others from the registry by the depart-
15 ment of health and welfare.
16 (20) Records of the Idaho housing and finance association (IHFA) relating
17 to the following:
18 (a) Records containing personal financial, family, health or similar per-
19 sonal information submitted to or otherwise obtained by the IHFA;
20 (b) Records submitted to or otherwise obtained by the IHFA with regard to
21 obtaining and servicing mortgage loans and all records relating to the
22 review, approval or rejection by the IHFA of said loans;
23 (c) Mortgage portfolio loan documents;
24 (d) Records of a current or former employee other than the employee's
25 duration of employment with the association, position held and location of
26 employment. This exemption from disclosure does not include the contracts
27 of employment or any remuneration, including reimbursement of expenses, of
28 the executive director, executive officers or commissioners of the associ-
29 ation. All other personnel information relating to an association employee
30 or applicant including, but not limited to, information regarding sex,
31 race, marital status, birth date, home address and telephone number,
32 applications, testing and scoring materials, grievances, correspondence,
33 retirement plan information and performance evaluations, shall not be dis-
34 closed to the public without the employee's or applicant's written con-
35 sent. An employee or authorized representative may inspect and copy that
36 employee's personnel records, except for material used to screen and test
37 for employment or material not subject to disclosure elsewhere in the
38 Idaho public records act.
39 (201) Records of the department of health and welfare related to child
40 support services in cases in which there is reasonable evidence of domestic
41 violence, as defined in chapter 63, title 39, Idaho Code, that can be used to
42 locate any individuals in the child support case except in response to a court
43 order.
44 (22) Records of the Idaho state bar lawyer's assistance program pursuant
45 to chapter 49, title 54, Idaho Code, unless a participant in the program
46 authorizes the release pursuant to subsection (4) of section 54-4801, Idaho
47 Code.
STATEMENT OF PURPOSE
RS 11825
This bill provides both civil immunity and protection from compelled
disclosure to matters being handled in the Idaho State Bar Lawyer
Assistance Program. That program is designed to help lawyers with
drug or alcohol problems or other addictions.
FISCAL IMPACT
There is no fiscal impact to this bill.
Contact
Name: Mike Oths
Phone: (208)334-4505 ext. 269
STATEMENT OF PURPOSE/FISCAL NOTE S 1370