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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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