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H0459aa....................................................by STATE AFFAIRS RECORDS - Adds to existing law to provide that a court may provide for the confidential treatment of records for which no exemption from disclosure applies, upon certain standards being met; to provide procedures; to provide for the award of costs and attorney's fees in certain instances; and to provide for notification of the Legislature when a court has entered a judgment or order regarding the confidentiality of documents. 01/18 House intro - 1st rdg - to printing 01/21 Rpt prt - to St Aff 02/06 Rpt out - to Gen Ord 02/12 Rpt out amen - to engros 02/13 Rpt engros - 1st rdg - to 2nd rdg as amen 02/14 2nd rdg - to 3rd rdg as amen 02/19 3rd rdg as amen - PASSED - 42-24-4 AYES -- Aikele, Barraclough, Bedke, Bell, Black, Bradford, Bruneel, Campbell, Collins, Crow, Deal, Denney, Field(13), Gagner, Hadley, Harwood, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer, Pearce, Pischner, Pomeroy, Raybould, Sali, Sellman, Shepherd, Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Young, Mr. Speaker NAYS -- Barrett, Bieter, Block, Boe, Bolz, Callister, Clark, Cuddy, Ellis, Ellsworth, Eskridge, Hammond, Henbest, Jaquet, Martinez, Mortensen, Moyle, Ridinger, Roberts, Robison, Schaefer, Smith(33), Wheeler, Wood Absent and excused -- Field(20), Gould, Jones, Montgomery Floor Sponsor - Pearce Title apvd - to Senate 02/20 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 459 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 9-340I, IDAHO CODE, TO PROVIDE THAT A COURT MAY 4 PROVIDE FOR THE CONFIDENTIAL TREATMENT OF RECORDS FOR WHICH NO EXEMPTION 5 FROM DISCLOSURE APPLIES UPON CERTAIN STANDARDS BEING MET, TO PROVIDE PRO- 6 CEDURES AND TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEY'S FEES IN CER- 7 TAIN INSTANCES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 3, Title 9, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 9-340I, Idaho Code, and to read as follows: 12 9-340I. COURT DECLARING RECORDS CONFIDENTIAL. (1) A court may, in a 13 declaratory action brought by the custodian of a public record, order the con- 14 fidential treatment of records for which no exemption from disclosure applies 15 if: 16 (a) The public agency or officer bringing the action has established by 17 clear and convincing evidence that the release of the document would con- 18 stitute a threat to the public safety or to the health or safety of an 19 individual; and 20 (b) The interests favoring restriction of access clearly outweigh the 21 interests favoring access. 22 (2) An action brought pursuant to this section must be brought within ten 23 (10) business days of the request for the public record and the court shall 24 consider the matter in an expedited fashion. Any action brought pursuant to 25 this section may only be brought with reference to a specific document or doc- 26 uments. 27 (3) The court shall examine, in camera, any records sought to be pro- 28 tected. 29 (4) If the court finds that withholding the document or record is not 30 warranted, the public agency opposing disclosure shall be responsible for the 31 costs and reasonable attorney's fees of the person seeking to examine the doc- 32 ument or record.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Hornbeck Seconded by Ellsworth IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 459 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 12, delete "A" and insert: "After a 3 public agency receives a request for a public record, a"; and following line 4 32, insert: 5 "(5) The public agency or officer bringing an action pursuant to this 6 section shall, at the next legislative session, notify the legislature of any 7 case in which a court has entered a judgment or order regarding the confiden- 8 tial treatment of documents.". 9 CORRECTION TO TITLE 10 On page 1, in line 6, delete the first "AND" and insert: ","; and in line 11 7, following "INSTANCES" insert: "AND TO PROVIDE FOR NOTIFICATION BY THE PUB- 12 LIC AGENCY OR OFFICER TO THE LEGISLATURE AT THE SESSION FOLLOWING WHEN A COURT 13 HAS ENTERED A JUDGMENT OR ORDER REGARDING THE CONFIDENTIAL TREATMENT OF DOCU- 14 MENTS".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 459, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING CHAPTER 3, TITLE 9, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 9-340I, IDAHO CODE, TO PROVIDE THAT A COURT MAY 4 PROVIDE FOR THE CONFIDENTIAL TREATMENT OF RECORDS FOR WHICH NO EXEMPTION 5 FROM DISCLOSURE APPLIES UPON CERTAIN STANDARDS BEING MET, TO PROVIDE PRO- 6 CEDURES, TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEY'S FEES IN CERTAIN 7 INSTANCES AND TO PROVIDE FOR NOTIFICATION BY THE PUBLIC AGENCY OR OFFICER 8 TO THE LEGISLATURE AT THE SESSION FOLLOWING WHEN A COURT HAS ENTERED A 9 JUDGMENT OR ORDER REGARDING THE CONFIDENTIAL TREATMENT OF DOCUMENTS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 3, Title 9, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 9-340I, Idaho Code, and to read as follows: 14 9-340I. COURT DECLARING RECORDS CONFIDENTIAL. (1) After a public agency 15 receives a request for a public record, a court may, in a declaratory action 16 brought by the custodian of a public record, order the confidential treatment 17 of records for which no exemption from disclosure applies if: 18 (a) The public agency or officer bringing the action has established by 19 clear and convincing evidence that the release of the document would con- 20 stitute a threat to the public safety or to the health or safety of an 21 individual; and 22 (b) The interests favoring restriction of access clearly outweigh the 23 interests favoring access. 24 (2) An action brought pursuant to this section must be brought within ten 25 (10) business days of the request for the public record and the court shall 26 consider the matter in an expedited fashion. Any action brought pursuant to 27 this section may only be brought with reference to a specific document or doc- 28 uments. 29 (3) The court shall examine, in camera, any records sought to be pro- 30 tected. 31 (4) If the court finds that withholding the document or record is not 32 warranted, the public agency opposing disclosure shall be responsible for the 33 costs and reasonable attorney's fees of the person seeking to examine the doc- 34 ument or record. 35 (5) The public agency or officer bringing an action pursuant to this sec- 36 tion shall, at the next legislative session, notify the legislature of any 37 case in which a court has entered a judgment or order regarding the confiden- 38 tial treatment of documents.
STATEMENT OF PURPOSE RS 11572C1 This proposal amends Chapter 3, Title 9, Idaho Code by adding a new section 9-3401, to allow that a court may provide for the confidential treatment of records for which no exemption from disclosure applies upon certain standards being met. It will also provide procedures for this process and provide for the award of costs and attorney’s fees in certain instances. FISCAL IMPACT There is no fiscal impact from this proposal. Contact Name: William A. von Tagen Office of The Attorney General Phone: 208 334-4140 STATEMENT OF PURPOSE/FISCAL NOTE H 459