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H0649......................................................by STATE AFFAIRS
VOTER REGISTRATION CARDS - Amends existing law to provide an exemption from
disclosure for information on a voter registration card, including
specifically the social security number, date of birth and an elector's
home telephone number.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - Hld at desk
02/15 Ref'd to St Aff
02/28 Rpt out - to Gen Ord
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 649
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO INFORMATION EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340C, IDAHO
3 CODE, TO PROVIDE AN EXEMPTION FOR CERTAIN VOTER REGISTRATION INFORMATION
4 AND TO MAKE A TECHNICAL CORRECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 9-340C, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
9 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
10 are exempt from disclosure:
11 (1) Except as provided in this subsection, all personnel records of a
12 current or former public official other than the public official's public ser-
13 vice or employment history, classification, pay grade and step, longevity,
14 gross salary and salary history, status, workplace and employing agency. All
15 other personnel information relating to a public employee or applicant includ-
16 ing, but not limited to, information regarding sex, race, marital status,
17 birth date, home address and telephone number, applications, testing and
18 scoring materials, grievances, correspondence and performance evaluations,
19 shall not be disclosed to the public without the employee's or applicant's
20 written consent. A public official or authorized representative may inspect
21 and copy his personnel records, except for material used to screen and test
22 for employment.
23 (2) Retired employees' and retired public officials' home addresses, home
24 telephone numbers and other financial and nonfinancial membership records;
25 active and inactive member financial and membership records and mortgage port-
26 folio loan documents maintained by the public employee retirement system.
27 Financial statements prepared by retirement system staff, funding agents and
28 custodians concerning the investment of assets of the public employee retire-
29 ment system of Idaho are not considered confidential under this chapter.
30 (3) Information and records submitted to the Idaho state lottery for the
31 performance of background investigations of employees, lottery retailers and
32 major procurement contractors; audit records of lottery retailers, vendors and
33 major procurement contractors submitted to or performed by the Idaho state
34 lottery; validation and security tests of the state lottery for lottery games;
35 business records and information submitted pursuant to sections 67-7412(8) and
36 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
37 obtained and held for the purposes of lottery security and investigative
38 action as determined by lottery rules unless the public interest in disclosure
39 substantially outweighs the private need for protection from public disclo-
40 sure.
41 (4) Records of a personal nature as follows:
42 (a) Records of personal debt filed with a public agency or independent
43 public body corporate and politic pursuant to law;
2
1 (b) Personal bank records compiled by a public depositor for the purpose
2 of public funds transactions conducted pursuant to law;
3 (c) Records of ownership of financial obligations and instruments of a
4 public agency or independent public body corporate and politic, such as
5 bonds, compiled by the public agency or independent public body corporate
6 and politic pursuant to law;
7 (d) Records, with regard to the ownership of, or security interests in,
8 registered public obligations;
9 (e) Vital statistics records.
10 (5) Information in an income or other tax return measured by items of
11 income or sales, which is gathered by a public agency for the purpose of
12 administering the tax, except such information to the extent disclosed in a
13 written decision of the tax commission pursuant to a taxpayer protest of a
14 deficiency determination by the tax commission, under the provisions of sec-
15 tion 63-3045B, Idaho Code.
16 (6) Records of a personal nature related directly or indirectly to the
17 application for and provision of statutory services rendered to persons apply-
18 ing for public care for the elderly, indigent, or mentally or physically hand-
19 icapped, or participation in an environmental or a public health study, pro-
20 vided the provisions of this subsection making records exempt from disclosure
21 shall not apply to the extent that such records or information contained in
22 those records are necessary for a background check on an individual that is
23 required by federal law regulating the sale of firearms, guns or ammunition.
24 (7) Employment security information and unemployment insurance benefit
25 information, except that all interested parties may agree to waive the exemp-
26 tion.
27 (8) Any personal records, other than names, business addresses and busi-
28 ness phone numbers, such as parentage, race, religion, sex, height, weight,
29 tax identification and social security numbers, financial worth or medical
30 condition submitted to any public agency or independent public body corporate
31 and politic pursuant to a statutory requirement for licensing, certification,
32 permit or bonding.
33 (9) Unless otherwise provided by agency rule, information obtained as
34 part of an inquiry into a person's fitness to be granted or retain a license,
35 certificate, permit, privilege, commission or position, private association
36 peer review committee records authorized in title 54, Idaho Code. Any agency
37 which has records exempt from disclosure under the provisions of this subsec-
38 tion shall annually make available a statistical summary of the number and
39 types of matters considered and their disposition.
40 (10) The records, findings, determinations and decisions of any prelitiga-
41 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
42 (11) Complaints received by the board of medicine and investigations and
43 informal proceedings, including informal proceedings of any committee of the
44 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules
45 adopted thereunder.
46 (12) Records of the department of health and welfare or a public health
47 district that identify a person infected with a reportable disease.
48 (13) Records of hospital care, medical records, including prescriptions,
49 drug orders, records or any other prescription information that specifically
50 identifies an individual patient, prescription records maintained by the board
51 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
52 treatment and professional counseling records relating to an individual's con-
53 dition, diagnosis, care or treatment, provided the provisions of this subsec-
54 tion making records exempt from disclosure shall not apply to the extent that
55 such records or information contained in those records are necessary for a
3
1 background check on an individual that is required by federal law regulating
2 the sale of firearms, guns or ammunition.
3 (14) Information collected pursuant to the directory of new hires act,
4 chapter 16, title 72, Idaho Code.
5 (15) Personal information contained in motor vehicle and driver records
6 that is exempt from disclosure under the provisions of chapter 2, title 49,
7 Idaho Code.
8 (16) Records of the financial status of prisoners pursuant to subsection
9 (2) of section 20-607, Idaho Code.
10 (17) Records of the Idaho state police or department of correction
11 received or maintained pursuant to section 19-5514, Idaho Code, relating to
12 DNA databases and databanks.
13 (18) Records of the department of health and welfare relating to a survey,
14 resurvey or complaint investigation of a licensed nursing facility shall be
15 exempt from disclosure. Such records shall, however, be subject to disclosure
16 as public records as soon as the facility in question has received the report,
17 and no later than the fourteenth day following the date that department of
18 health and welfare representatives officially exit the facility pursuant to
19 federal regulations. Provided however, that for purposes of confidentiality,
20 no record shall be released under this section which specifically identifies
21 any nursing facility resident.
22 (19) Records and information contained in the registry of immunizations
23 against childhood diseases maintained in the department of health and welfare,
24 including information disseminated to others from the registry by the depart-
25 ment of health and welfare.
26 (20) Records of the Idaho housing and finance association (IHFA) relating
27 to the following:
28 (a) Records containing personal financial, family, health or similar per-
29 sonal information submitted to or otherwise obtained by the IHFA;
30 (b) Records submitted to or otherwise obtained by the IHFA with regard to
31 obtaining and servicing mortgage loans and all records relating to the
32 review, approval or rejection by the IHFA of said loans;
33 (c) Mortgage portfolio loan documents;
34 (d) Records of a current or former employee other than the employee's
35 duration of employment with the association, position held and location of
36 employment. This exemption from disclosure does not include the contracts
37 of employment or any remuneration, including reimbursement of expenses, of
38 the executive director, executive officers or commissioners of the associ-
39 ation. All other personnel information relating to an association employee
40 or applicant including, but not limited to, information regarding sex,
41 race, marital status, birth date, home address and telephone number,
42 applications, testing and scoring materials, grievances, correspondence,
43 retirement plan information and performance evaluations, shall not be dis-
44 closed to the public without the employee's or applicant's written con-
45 sent. An employee or authorized representative may inspect and copy that
46 employee's personnel records, except for material used to screen and test
47 for employment or material not subject to disclosure elsewhere in the
48 Idaho public records act.
49 (201) Records of the department of health and welfare related to child
50 support services in cases in which there is reasonable evidence of domestic
51 violence, as defined in chapter 63, title 39, Idaho Code, that can be used to
52 locate any individuals in the child support case except in response to a court
53 order.
54 (22) The physical voter registration card shall be exempt from disclosure.
55 The information on the card, except for a registered voter's social security
4
1 number and date of birth, may be disclosed.
STATEMENT OF PURPOSE
RS 12025 C1
All Idahoans wishing to vote in an election must register with
their county clerk before being able to vote in any primary,
general, special, or any other election. The county clerk
retains on file the voter registration card containing the
personal information of each registered voter. These cards are
deemed to be a public record and the county clerk is the
custodian of the record.
The purpose of this legislation is to exempt from disclosure the
actual (physical) voter registration card. The information on
the card, except for the voter's social security number, and date
of birth, may be disclosed.
FISCAL IMPACT
None.
Contact
Name: Representative Kent Kunz
Phone: 332-1120
STATEMENT OF PURPOSE/FISCAL NOTE H 649