2004 Legislation
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SENATE BILL NO. 1441 – Worker’s comp records, exmptn


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Bill Status

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

Bill Text

  ]]]]              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
  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:
 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
  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-
  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 / Fiscal Impact

                       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


Name:     John Greenfield
Phone:    345-0380