Print Friendly SENATE BILL NO. 1497 – Public writings/public officials
SENATE BILL NO. 1497
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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 - 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-
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-
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
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 01) "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 (1 12) "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 (1 23) "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 (1 34) "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
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
There is no fiscal impact to the General Fund.
Name: Steven A. Millard, President
Idaho Hospital Association
Phone:(208) 338-5100 ext. 203
STATEMENT OF PURPOSE/FISCAL NOTE S 1497