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H0560......................................................by STATE AFFAIRS
RECORDS - Amends existing law to delete reference to operation and security
manuals, plans or codes of county jails and buildings owned or leased by
the Idaho state government, a county or a city; to exempt from disclosure
the records of buildings, facilities, infrastructures and systems held by
or in the custody of any public agency only when the disclosure of such
information would jeopardize the safety of persons or the public safety;
and to provide that those records may include emergency evacuation, escape
or other emergency response plans, vulnerability assessments, operation and
security manuals, plans, blueprints or security codes.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 69-0-1
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Ridinger
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes,
Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge,
Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler
NAYS -- None
Absent and excused -- Frasure, Goedde, Marley, Sandy, Williams
Floor Sponsor - Richardson
Title apvd - to House
02/22 To enrol
02/25 Rpt enrol - Sp signed
02/26 Pres signed
02/27 To Governor
03/04 Governor signed
Session Law Chapter 62
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 560
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B, IDAHO CODE, TO DELETE
3 REFERENCE TO OPERATION AND SECURITY MANUALS, PLANS OR CODES OF COUNTY
4 JAILS AND BUILDINGS OWNED OR LEASED BY IDAHO STATE GOVERNMENT, A COUNTY OR
5 A CITY, TO EXEMPT FROM DISCLOSURE RECORDS OF BUILDINGS, FACILITIES,
6 INFRASTRUCTURES AND SYSTEMS HELD BY OR IN THE CUSTODY OF ANY PUBLIC AGENCY
7 ONLY WHEN THE DISCLOSURE OF SUCH INFORMATION WOULD JEOPARDIZE THE SAFETY
8 OF PERSONS OR THE PUBLIC SAFETY, TO PROVIDE THAT SUCH RECORDS MAY INCLUDE
9 EMERGENCY EVACUATION, ESCAPE OR OTHER EMERGENCY RESPONSE PLANS, VULNER-
10 ABILITY ASSESSMENTS, OPERATION AND SECURITY MANUALS, PLANS, BLUEPRINTS OR
11 SECURITY CODES, TO DEFINE "SYSTEM" AND TO MAKE A TECHNICAL CORRECTION.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
16 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS,
17 WORKER'S COMPENSATION. The following records are exempt from disclosure:
18 (1) Investigatory records of a law enforcement agency, as defined in sec-
19 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
20 Idaho Code.
21 (2) Juvenile records of a person maintained pursuant to chapter 5, title
22 20, Idaho Code, except that facts contained in such records shall be furnished
23 upon request in a manner determined by the court to persons and governmental
24 and private agencies and institutions conducting pertinent research studies or
25 having a legitimate interest in the protection, welfare and treatment of the
26 juvenile who is thirteen (13) years of age or younger. If the juvenile is
27 petitioned or charged with an offense which would be a criminal offense if
28 committed by an adult, the name, offense of which the juvenile was petitioned
29 or charged and disposition of the court shall be subject to disclosure as pro-
30 vided in section 20-525, Idaho Code. Additionally, facts contained in any
31 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
32 be furnished upon request to any school district where the juvenile is
33 enrolled or is seeking enrollment.
34 (3) (a) The following records of the department of correction:
35 (i) Records of which the public interest in confidentiality, public
36 safety, security and habilitation clearly outweighs the public inter-
37 est in disclosure as identified pursuant to the authority of the
38 Idaho board of correction under section 20-212, Idaho Code;
39 (ii) Records that contain any identifying information, or any infor-
40 mation that would lead to the identification of any victims or wit-
41 nesses;
42 (iii) Records that reflect future transportation or movement of a
43 prisoner;
2
1 (iv) Records gathered during the course of the presentence investi-
2 gation;
3 (v) Records of a prisoner, as defined in section 9-337(9), Idaho
4 Code, or probationer shall not be disclosed to any other prisoner or
5 probationer.
6 (b) Operation and security manuals, plans or codes of county jails and
7 buildings owned or leased by Idaho state government, a county or a city.
8 "Operation manuals" are those internal documents of any state government
9 agency, county or city building or jail that define the procedures uti-
10 lized to maintain security within the building or jail. "Plans or codes"
11 relate only to those documents, the release of which could jeopardize the
12 safety of workers, visitors or prisoners in those buildings, or adversely
13 affect the public safety Records of buildings, facilities, infrastructures
14 and systems held by or in the custody of any public agency only when the
15 disclosure of such information would jeopardize the safety of persons or
16 the public safety. Such records may include emergency evacuation, escape
17 or other emergency response plans, vulnerability assessments, operation
18 and security manuals, plans, blueprints or security codes. For purposes of
19 this section "system" shall mean electrical, heating, ventilation, air
20 conditioning and telecommunication systems.
21 (c) Records of the commission of pardons and parole shall be exempt from
22 public disclosure pursuant to section 20-213A, Idaho Code, and section
23 20-223, Idaho Code. Records exempt from disclosure shall also include
24 those containing the names, addresses and written statements of victims.
25 (4) Voting records of the sexual offender classification board. In accor-
26 dance with section 18-8315, Idaho Code, the written record of the vote to
27 classify an offender as a violent sexual predator by each board member in each
28 case reviewed by that board member shall be exempt from disclosure to the pub-
29 lic and shall be made available upon request only to the governor, the chair-
30 man of the senate judiciary and rules committee, and the chairman of the house
31 of representatives judiciary, rules and administration committee, for all law-
32 ful purposes.
33 (5) Records of the sheriff or Idaho state police received or maintained
34 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
35 (6) Records of investigations prepared by the department of health and
36 welfare pursuant to its statutory responsibilities dealing with the protection
37 of children, the rehabilitation of youth, adoptions and the commitment of men-
38 tally ill persons.
39 (7) Records including, but not limited to, investigative reports, result-
40 ing from investigations conducted into complaints of discrimination made to
41 the Idaho human rights commission unless the public interest in allowing
42 inspection and copying of such records outweighs the legitimate public or pri-
43 vate interest in maintaining confidentiality of such records. A person may
44 inspect and copy documents from an investigative file to which he or she is a
45 named party if such documents are not otherwise prohibited from disclosure by
46 federal law or regulation or state law. The confidentiality of this subsection
47 will no longer apply to any record used in any judicial proceeding brought by
48 a named party to the complaint or investigation, or by the Idaho human rights
49 commission, relating to the complaint of discrimination.
50 (8) Records containing information obtained by the manager of the Idaho
51 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
52 behalf of employers or employees contained in underwriting and claims for ben-
53 efits files.
54 (9) The worker's compensation records of the Idaho industrial commission
55 provided that the industrial commission shall make such records available:
3
1 (a) To the parties in any worker's compensation claim and to the indus-
2 trial special indemnity fund of the state of Idaho; or
3 (b) To employers and prospective employers subject to the provisions of
4 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
5 limitations, who certify that the information is being requested with
6 respect to a worker to whom the employer has extended an offer of employ-
7 ment and will be used in accordance with the provisions of the Americans
8 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
9 (c) To employers and prospective employers not subject to the provisions
10 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
11 tory limitations, provided the employer presents a written authorization
12 from the person to whom the records pertain; or
13 (d) To others who demonstrate that the public interest in allowing
14 inspection and copying of such records outweighs the public or private
15 interest in maintaining the confidentiality of such records, as determined
16 by a civil court of competent jurisdiction.
17 (10) Records of investigations compiled by the commission on aging involv-
18 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
19 be abused, neglected or exploited.
20 (11) Criminal history records and fingerprints, as defined by section
21 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
22 shall be released only in accordance with chapter 30, title 67, Idaho Code.
23 (12) Records furnished or obtained pursuant to section 41-1019, Idaho
24 Code, regarding termination of an appointment, employment, contract or other
25 insurance business relationship between an insurer and a producer.
26 (123) Records of a prisoner or former prisoner in the custody of any state
27 or local correctional facility, when the request is made by another prisoner
28 in the custody of any state or local correctional facility.
STATEMENT OF PURPOSE
RS 11927C1
This proposal amends Chapter 3, Title 9, Idaho Code, by amending
section 9-340B(3) (b), to exempt from disclosure, certain records
relating to buildings, structures or facilities. Records exempt
from disclosure would include vulnerability assessments, evacuation
routes, emergency planning documents, plans for buildings, but only
when the disclosure of those documents would present a threat to
public safety.
FISCAL IMPACT
There is no fiscal impact from this proposal.
CONTACTS:
Name: William A. von Tagen
Agency: Office of The Attorney General
Phone: 334-4140
Name: Roy Eiguren
Agency: Idaho Daily Newspapers
Phone: 388-1313
Statement of Purpose/Fiscal Impact HB 560