2004 Legislation
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HOUSE BILL NO. 797 – Academic research records. disclosr


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Bill Status

H0797......................................................by STATE AFFAIRS
ACADEMIC RESEARCH - RECORDS - Amends existing law to provide that certain
records relating to academic research or studies by employees, volunteers
or students of public institutions shall be exempt from disclosure.
03/01    House intro - 1st rdg - to printing
03/02    Rpt prt - to St Aff
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 46-18-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
      Block, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
      Denney, Eberle, Edmunson, Field(18), Field(23), Gagner, Garrett,
      Jones, Kellogg, Lake, Langford, McGeachin, McKague, Meyer, Miller,
      Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,
      Ring, Roberts, Rydalch, Schaefer, Shirley, Skippen, Smith(24),
      Snodgrass, Wood
      NAYS -- Boe, Clark, Douglas, Ellsworth, Eskridge, Harwood, Henbest,
      Jaquet, Kulczyk, Langhorst, Martinez, Moyle, Ringo, Sali, Sayler,
      Shepherd, Smith(30), Trail
      Absent and excused -- Bedke, Robison, Smylie, Stevenson, Wills, Mr.
    Floor Sponsor - Shirley
    Title apvd - to Senate
03/12    Senate intro - 1st rdg - to St Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 797
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 9-340D, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
 10    exempt from disclosure:
 11        (1)  Trade  secrets including those contained in response to public agency
 12    or independent public  body  corporate  and  politic  requests  for  proposal,
 13    requests  for  clarification,  requests  for information and similar requests.
 14    "Trade secrets" as used in this section means information,  including  a  for-
 15    mula,  pattern,  compilation, program, computer program, device, method, tech-
 16    nique, process, or unpublished or in progress research that:
 17        (a)  Derives independent economic value, actual  or  potential,  from  not
 18        being  generally  known  to, and not being readily ascertainable by proper
 19        means by other persons who can obtain economic value from  its  disclosure
 20        or use; and
 21        (b)  Is the subject of efforts that are reasonable under the circumstances
 22        to maintain its secrecy.
 23        (2)  Production records, housing production, rental and financing records,
 24    sale or purchase records, catch records, mortgage portfolio loan documents, or
 25    similar business records of a private concern or enterprise required by law to
 26    be  submitted  to or inspected by a public agency or submitted to or otherwise
 27    obtained by an independent public body corporate and politic. Nothing in  this
 28    subsection shall limit the use which can be made of such information for regu-
 29    latory purposes or its admissibility in any enforcement proceeding.
 30        (3)  Records relating to the appraisal of real property, timber or mineral
 31    rights  prior to its acquisition, sale or lease by a public agency or indepen-
 32    dent public body corporate and politic.
 33        (4)  Any estimate prepared by a public agency or independent  public  body
 34    corporate  and  politic  that  details the cost of a public project until such
 35    time as disclosed or bids are opened, or upon award of the contract  for  con-
 36    struction of the public project.
 37        (5)  Examination,  operating or condition reports and all documents relat-
 38    ing thereto, prepared by or supplied to any public agency or independent  pub-
 39    lic  body  corporate and politic responsible for the regulation or supervision
 40    of financial institutions including, but not limited to,  banks,  savings  and
 41    loan associations, regulated lenders, business and industrial development cor-
 42    porations,  credit  unions,  and insurance companies, or for the regulation or
 43    supervision of the issuance of securities.
  1        (6)  Records gathered by a local agency or the Idaho  department  of  com-
  2    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
  3    pose  of assisting a person to locate, maintain, invest in, or expand business
  4    operations in the state of Idaho.
  5        (7)  Shipping and marketing records of commodity commissions used to eval-
  6    uate marketing and advertising strategies and the names and addresses of grow-
  7    ers and shippers maintained by commodity commissions.
  8        (8)  Financial statements and business information and  reports  submitted
  9    by  a legal entity to a port district organized under title 70, Idaho Code, in
 10    connection with a business agreement, or with a development proposal or with a
 11    financing  application  for  any  industrial, manufacturing, or other business
 12    activity within a port district.
 13        (9)  Names and addresses of seed companies, seed crop growers,  seed  crop
 14    consignees,  locations  of seed crop fields, variety name and acreage by vari-
 15    ety. Upon the request of the owner of the proprietary variety,  this  informa-
 16    tion shall be released to the owner. Provided however, that if a seed crop has
 17    been  identified  as  diseased  or  has been otherwise identified by the Idaho
 18    department of agriculture, other state  departments  of  agriculture,  or  the
 19    United States department of agriculture to represent a threat to that particu-
 20    lar  seed or commercial crop industry or to individual growers, information as
 21    to test results, location, acreage involved and disease symptoms of that  par-
 22    ticular  seed  crop,  for  that  growing season, shall be available for public
 23    inspection and copying. This exemption shall not supersede the  provisions  of
 24    section 22-436, Idaho Code.
 25        (10) Information  obtained  from  books,  records and accounts required in
 26    chapter 47, title 22, Idaho Code, to be maintained by  the  Idaho  canola  and
 27    rapeseed commission and pertaining to the individual production records of ca-
 28    nola or rapeseed growers.
 29        (11) Records  of  any risk retention or self-insurance program prepared in
 30    anticipation of litigation or for analysis of or settlement  of  potential  or
 31    actual  money  damage  claims  against  a  public  entity and its employees or
 32    against the industrial special indemnity fund except as otherwise discoverable
 33    under the Idaho or federal rules  of  civil  procedure.  These  records  shall
 34    include,  but  are  not limited to, claims evaluations, investigatory records,
 35    computerized reports of losses, case reserves, internal documents  and  corre-
 36    spondence relating thereto. At the time any claim is concluded, only statisti-
 37    cal data and actual amounts paid in settlement shall be deemed a public record
 38    unless  otherwise  ordered  to be sealed by a court of competent jurisdiction.
 39    Provided however, nothing in this subsection is intended to limit the attorney
 40    client privilege or attorney work product privilege otherwise available to any
 41    public agency or independent public body corporate and politic.
 42        (12) Records of laboratory test results provided by  or  retained  by  the
 43    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 44    limit the use which can be made, or availability of such information if  used,
 45    for regulatory purposes or its admissibility in any enforcement proceeding.
 46        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 47    identifying electrical or natural or manufactured  gas  consumption  data  for
 48    an individual customer or account.
 49        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
 50    of information submitted on or before December 31, 1997, to  an  environmental
 51    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 52    dential business information.
 53        (15) Computer  programs developed or purchased by or for any public agency
 54    or independent public body corporate and politic for its own use. As  used  in
 55    this  subsection,  "computer program" means a series of instructions or state-
  1    ments which permit the functioning of a computer system in a  manner  designed
  2    to  provide storage, retrieval and manipulation of data from the computer sys-
  3    tem, and any associated documentation and source material that explain how  to
  4    operate the computer program. Computer program does not include:
  5        (a)  The  original  data  including,  but  not  limited to, numbers, text,
  6        voice, graphics and images;
  7        (b)  Analysis, compilation and other manipulated  forms  of  the  original
  8        data produced by use of the program; or
  9        (c)  The  mathematical  or  statistical formulas that would be used if the
 10        manipulated forms of the original data were to be produced manually.
 11        (16) Active investigative records and trademark usage audits of the  Idaho
 12    potato  commission  specifically  relating  to  the enforcement of chapter 12,
 13    title 22, Idaho Code, until the commencement of formal proceedings as provided
 14    by rules of the commission; purchase and sales information  submitted  to  the
 15    Idaho  potato  commission during a trademark usage audit, and investigation or
 16    enforcement proceedings. Inactive investigatory  records  shall  be  disclosed
 17    unless  the  disclosure  would  violate the standards set forth in subsections
 18    (1)(a) through (f) of section 9-335, Idaho Code. Nothing  in  this  subsection
 19    shall  limit the use which can be made, or availability of such information if
 20    used, for regulatory purposes or its admissibility in any enforcement proceed-
 21    ing.
 22        (17) All records copied or obtained by the director of the  department  of
 23    agriculture  or  his designee as a result of an inspection pursuant to section
 24    25-3806, Idaho Code, except:
 25        (a)  Records otherwise deemed to be public records not exempt from disclo-
 26        sure pursuant to this chapter; and
 27        (b)  Inspection reports, determinations of compliance or noncompliance and
 28        all other records created by the director or his designee pursuant to sec-
 29        tion 25-3806, Idaho Code.
 30        (18) Records relating to academic research or studies that  have  been  or
 31    will  be  proposed or conducted by employees, volunteers or students of public
 32    institutions of higher education or their  related  institutions  or  research
 33    foundations. This exemption applies to all academic research whether sponsored
 34    by  the public institution alone or in conjunction with or solely by a govern-
 35    mental entity or private entity. This exemption does not  apply  to  published
 36    research or data from published research.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 14196

The purpose of the bill is two-fold: protect research in the
development stage, and to protect the identity of the
participants.  Once the research is completed, the results will
be made available to the public.

                          FISCAL IMPACT

There is no fiscal impact to the General Fund.

Name: Dar Olberding 
Phone: 208/761-6012

STATEMENT OF PURPOSE/FISCAL NOTE                       H 797