2002 Legislation
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HOUSE BILL NO. 459 – Records/court declare confdntl/when

HOUSE BILL NO. 459

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Daily Data Tracking History



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

Bill Text


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

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


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


                       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