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S1441................................................by JUDICIARY AND RULES WORKER'S COMPENSATION - Amends existing law relating to public records to revise exemption provisions applicable to worker's compensation records of the Idaho Industrial Commission. 03/10 Senate intro - 1st rdg - to printing 03/11 Rpt prt - to Com/HuRes 03/12 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/17 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Andreason Title apvd - to House 03/18 House intro - 1st rdg - to St Aff 03/19 Rpt out - rec d/p - to 2nd rdg 03/20 2nd rdg - to 3rd rdg Rls susp - PASSED - 62-0-8 AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Collins, Crow, Cuddy, Deal, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bauer, Campbell, Clark, Denney, Harwood, Mitchell, Smith(24), Trail Floor Sponsor - Miller Title apvd - to Senate 03/20 To enrol - Rpt enrol - Pres signed 03/22 Sp signed - To Governor 04/02 Governor signed Session Law Chapter 378 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE SENATE SENATE BILL NO. 1441 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B, IDAHO CODE, TO REVISE 3 EXEMPTION PROVISIONS APPLICABLE TO WORKER'S COMPENSATION RECORDS OF THE 4 IDAHO INDUSTRIAL COMMISSION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 9 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR- 10 KER'S COMPENSATION. The following records are exempt from disclosure: 11 (1) Investigatory records of a law enforcement agency, as defined in sec- 12 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335, 13 Idaho Code. 14 (2) Juvenile records of a person maintained pursuant to chapter 5, title 15 20, Idaho Code, except that facts contained in such records shall be furnished 16 upon request in a manner determined by the court to persons and governmental 17 and private agencies and institutions conducting pertinent research studies or 18 having a legitimate interest in the protection, welfare and treatment of the 19 juvenile who is thirteen (13) years of age or younger. If the juvenile is 20 petitioned or charged with an offense which would be a criminal offense if 21 committed by an adult, the name, offense of which the juvenile was petitioned 22 or charged and disposition of the court shall be subject to disclosure as pro- 23 vided in section 20-525, Idaho Code. Additionally, facts contained in any 24 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 25 be furnished upon request to any school district where the juvenile is 26 enrolled or is seeking enrollment. 27 (3) Records of the custody review board of the Idaho department of juve- 28 nile corrections, including records containing the names, addresses and writ- 29 ten statements of victims and family members of juveniles, shall be exempt 30 from public disclosure pursuant to section 20-533A, Idaho Code. 31 (4) (a) The following records of the department of correction: 32 (i) Records of which the public interest in confidentiality, public 33 safety, security and habilitation clearly outweighs the public inter- 34 est in disclosure as identified pursuant to the authority of the 35 Idaho board of correction under section 20-212, Idaho Code; 36 (ii) Records that contain any identifying information, or any infor- 37 mation that would lead to the identification of any victims or wit- 38 nesses; 39 (iii) Records that reflect future transportation or movement of a 40 prisoner; 41 (iv) Records gathered during the course of the presentence investi- 42 gation; 43 (v) Records of a prisoner, as defined in section 9-337(9), Idaho 2 1 Code, or probationer shall not be disclosed to any other prisoner or 2 probationer. 3 (b) Records of buildings, facilities, infrastructures and systems held by 4 or in the custody of any public agency only when the disclosure of such 5 information would jeopardize the safety of persons or the public safety. 6 Such records may include emergency evacuation, escape or other emergency 7 response plans, vulnerability assessments, operation and security manuals, 8 plans, blueprints or security codes. For purposes of this section 9 "system" shall mean electrical, heating, ventilation, air conditioning and 10 telecommunication systems. 11 (c) Records of the commission of pardons and parole shall be exempt from 12 public disclosure pursuant to section 20-213A, Idaho Code, and section 13 20-223, Idaho Code. Records exempt from disclosure shall also include 14 those containing the names, addresses and written statements of victims. 15 (5) Voting records of the sexual offender classification board. In accor- 16 dance with section 18-8315, Idaho Code, the written record of the vote to 17 classify an offender as a violent sexual predator by each board member in each 18 case reviewed by that board member shall be exempt from disclosure to the pub- 19 lic and shall be made available upon request only to the governor, the chair- 20 man of the senate judiciary and rules committee, and the chairman of the house 21 of representatives judiciary, rules and administration committee, for all law- 22 ful purposes. 23 (6) Records of the sheriff or Idaho state police received or maintained 24 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee. 25 (7) Records of investigations prepared by the department of health and 26 welfare pursuant to its statutory responsibilities dealing with the protection 27 of children, the rehabilitation of youth, adoptions and the commitment of men- 28 tally ill persons. 29 (8) Records including, but not limited to, investigative reports, result- 30 ing from investigations conducted into complaints of discrimination made to 31 the Idaho human rights commission unless the public interest in allowing 32 inspection and copying of such records outweighs the legitimate public or pri- 33 vate interest in maintaining confidentiality of such records. A person may 34 inspect and copy documents from an investigative file to which he or she is a 35 named party if such documents are not otherwise prohibited from disclosure by 36 federal law or regulation or state law. The confidentiality of this subsection 37 will no longer apply to any record used in any judicial proceeding brought by 38 a named party to the complaint or investigation, or by the Idaho human rights 39 commission, relating to the complaint of discrimination. 40 (9) Records containing information obtained by the manager of the Idaho 41 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 42 behalf of employers or employees contained in underwriting and claims for ben- 43 efits files. 44 (10) The worker's compensation records of the Idaho industrial commission 45 provided that the industrial commission shall make such records available: 46 (a) To the parties in any worker's compensation claim and to the indus- 47 trial special indemnity fund of the state of Idaho; or 48 (b) To employers and prospective employers subject to the provisions of 49 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 50 limitations, who certify that the information is being requested with 51 respect to a worker to whom the employer has extended an offer of employ- 52 ment and will be used in accordance with the provisions of the Americans 53 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 54 (c) To employers and prospective employers not subject to the provisions 55 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 3 1 tory limitations, provided the employer presents a written authorization 2 from the person to whom the records pertain; or 3 (d) To others who demonstrate that the public interest in allowing 4 inspection and copying of such records outweighs the public or private 5 interest in maintaining the confidentiality of such records, as determined 6 by a civil court of competent jurisdiction; or 7 (e) Although a claimant's records maintained by the industrial commis- 8 sion, including medical and rehabilitation records, are otherwise exempt 9 from public disclosure, the quoting or discussing of medical or rehabili- 10 tation records contained in the industrial commission's records during a 11 hearing for compensation or in a written decision issued by the industrial 12 commission shall be permitted; provided further, the true identification 13 of the parties shall not be exempt from public disclosure in any written 14 decision issued and released to the public by the industrial commission. 15 (11) Records of investigations compiled by the commission on aging involv- 16 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 17 be abused, neglected or exploited. 18 (12) Criminal history records and fingerprints, as defined by section 19 67-3001, Idaho Code, and compiled by the Idaho state police. Such records 20 shall be released only in accordance with chapter 30, title 67, Idaho Code. 21 (13) Records furnished or obtained pursuant to section 41-1019, Idaho 22 Code, regarding termination of an appointment, employment, contract or other 23 insurance business relationship between an insurer and a producer. 24 (14) Records of a prisoner or former prisoner in the custody of any state 25 or local correctional facility, when the request is made by another prisoner 26 in the custody of any state or local correctional facility. 27 (15) Except as provided in section 72-1007, Idaho Code, records of the 28 Idaho industrial commission relating to compensation for crime victims under 29 chapter 10, title 72, Idaho Code.
STATEMENT OF PURPOSE RS 14256 The purpose of the amendment is to 1) allow the Industrial Commission to quote or discuss otherwise exempt medical and rehabilitation records during a hearing on a claim for compensation, or in a written decision following such a hearing; and 2) clarify that written decisions issued by the industrial commission, including the names of the parties involved, shall not be exempt from disclosure to the public in any way. The use of the names of the parties in the written decisions of the industrial commission, as they are released to the public, is important to research and briefing by claimants, self-insured employers, and sureties alike. FISCAL IMPACT None Contact Name: John Greenfield Phone: 345-0380 STATEMENT OF PURPOSE/FISCAL NOTE S 1441