2002 Legislation
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SENATE BILL NO. 1497 – Public writings/public officials

SENATE BILL NO. 1497

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Daily Data Tracking History



S1497................................................by JUDICIARY AND RULES
PUBLIC WRITINGS - Amends existing law relating to public writings to
further define "public official" to exclude nonexecutive employees of
public hospitals whose operations are funded primarily by patient care
revenue; and to define "nonexecutive employee."
                                                                        
03/04    Senate intro - 1st rdg - to printing
03/05    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1497
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC WRITINGS; AMENDING SECTION 9-337, IDAHO  CODE,  TO  FURTHER
  3        DEFINE  "PUBLIC OFFICIAL" TO EXCLUDE NONEXECUTIVE EMPLOYEES OF PUBLIC HOS-
  4        PITALS WHOSE OPERATIONS ARE FUNDED PRIMARILY BY PATIENT CARE  REVENUE,  TO
  5        DEFINE "NONEXECUTIVE EMPLOYEE" AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  9-337,  Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        9-337.  DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
 10        (1)  "Copy" means transcribing by handwriting,  photocopying,  duplicating
 11    machine and reproducing by any other means so long as the public record is not
 12    altered or damaged.
 13        (2)  "Custodian"  means  the person having personal custody and control of
 14    the public records in question. If no such designation is made by  the  public
 15    agency  or independent public body corporate and politic, then custodian means
 16    any public official having custody of, control of,  or  authorized  access  to
 17    public records and includes all delegates of such officials, employees or rep-
 18    resentatives.
 19        (3)  "Independent public body corporate and politic" means the Idaho hous-
 20    ing and finance association as created in chapter 62, title 67, Idaho Code.
 21        (4)  "Inspect"  means  the  right to listen, view and make notes of public
 22    records as long as the public record is not altered or damaged.
 23        (5)  "Investigatory record" means information with respect to an identifi-
 24    able person, group of persons or entities compiled by a public agency or inde-
 25    pendent public body corporate and politic pursuant to its statutory  authority
 26    in  the  course  of investigating a specific act, omission, failure to act, or
 27    other conduct over which the public agency or independent public  body  corpo-
 28    rate and politic has regulatory authority or law enforcement authority.
 29        (6)  "Law  enforcement  agency"  means any state or local agency given law
 30    enforcement powers or which has authority to investigate,  enforce,  prosecute
 31    or punish violations of state or federal criminal statutes, ordinances or reg-
 32    ulations.
 33        (7)  "Local  agency" means a county, city, school district, municipal cor-
 34    poration, district, public health district,  political  subdivision,   or  any
 35    agency  thereof,  or  any  committee  of  a  local  agency, or any combination
 36    thereof.
 37        (8)  "Person" means any natural person,  corporation,  partnership,  firm,
 38    association,  joint  venture,  state  or  local agency or any other recognized
 39    legal entity.
 40        (9)  "Prisoner" means a person who has been convicted of a  crime  and  is
 41    either  incarcerated  or on parole for that crime or who is being held in cus-
 42    tody for trial or sentencing.
 43        (910) "Public agency" means any state or local agency as defined  in  this
                                                                        
                                           2
                                                                        
  1    section.
  2        (101) "Public  official" means any state, county, local district, indepen-
  3    dent public body corporate and politic or governmental official  or  employee,
  4    whether  elected, appointed or hired; provided however, that "public official"
  5    shall not include a nonexecutive employee of a public  hospital  whose  opera-
  6    tions  are  financed  primarily  by patient care revenue. For purposes of this
  7    subsection, "nonexecutive employee" means any  employee  other  than  a  chief
  8    executive  officer,  chief operating officer, chief financial officer or chief
  9    nursing officer.
 10        (112) "Public record" includes, but is not limited to,  any  writing  con-
 11    taining  information relating to the conduct or administration of the public's
 12    business prepared, owned, used or retained by any  state  agency,  independent
 13    public  body corporate and politic or local agency regardless of physical form
 14    or characteristics.
 15        (123) "State agency" means  every  state  officer,  department,  division,
 16    bureau,  commission  and  board  or  any committee of a state agency including
 17    those in the legislative or judicial branch, except the state militia.
 18        (134) "Writing" includes, but is not limited to, handwriting, typewriting,
 19    printing, photostating, photographing and every means of recording,  including
 20    letters,  words,  pictures,  sounds or symbols or combination thereof, and all
 21    papers, maps, magnetic or paper tapes, photographic films and prints, magnetic
 22    or punched cards, discs, drums or other documents.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12180

This proposed legislation amends the Public Writings Act to
clarify the definition of "public official," specifically for
public hospitals.  The new language states that the term, "public
official," does not apply to non-executive employees of public
hospitals whose operations are financed primarily by patient care
revenue, rather than by taxes.  By making this clarification,
most public hospitals would not be required to disclose the
salaries of their non-executive employees pursuant to Idaho Code
section  9-340C.

                         FISCAL IMPACT

There is no fiscal impact to the General Fund.    
                                
                                
                                

Contact
Name: Steven A. Millard, President
      Idaho Hospital Association
Phone:(208) 338-5100 ext. 203      
                                 

STATEMENT OF PURPOSE/FISCAL NOTE           S 1497