2004 Legislation
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HOUSE BILL NO. 558 – Voter regstrtn card/exmpt discosure

HOUSE BILL NO. 558

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Bill Status



H0558aa....................................................by STATE AFFAIRS
VOTER REGISTRATION CARDS - Amends existing law to exempt certain
information on voter registration cards from disclosure; and to provide
exceptions.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to St Aff
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/11    To Gen Ord
02/17    Rpt out amen - to engros
02/18    Rpt engros - 1st rdg - to 2nd rdg as amen
02/19    2nd rdg - to 3rd rdg as amen
02/24    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
      Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,
      Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Deal, Edmunson, Ringo
    Floor Sponsor - Smith(30)
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 27-0-8
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Burkett, Cameron, Davis, Noble, Noh,
      Stennett, Williams
    Floor Sponsor - Richardson
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 163
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 558
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECORDS EXEMPT FROM DISCLOSURE;  AMENDING  SECTION  9-340C,  IDAHO
  3        CODE,  TO  EXEMPT  VOTER  REGISTRATION CARDS FROM DISCLOSURE AND PROVIDING
  4        EXEMPTIONS; AND AMENDING SECTION 34-416, IDAHO CODE, TO GOVERN INFORMATION
  5        IN VOTER REGISTRATION CARDS WHICH IS EXEMPT FROM DISCLOSURE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
 10    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 11    are exempt from disclosure:
 12        (1)  Except  as  provided  in  this subsection, all personnel records of a
 13    current or former public official other than the public official's public ser-
 14    vice or employment history, classification, pay  grade  and  step,  longevity,
 15    gross  salary  and salary history, status, workplace and employing agency. All
 16    other personnel information relating to a public employee or applicant includ-
 17    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 18    birth  date,  home  address  and  telephone  number, applications, testing and
 19    scoring materials, grievances,  correspondence  and  performance  evaluations,
 20    shall  not  be  disclosed  to the public without the employee's or applicant's
 21    written consent. A public official or authorized  representative  may  inspect
 22    and  copy  his  personnel records, except for material used to screen and test
 23    for employment.
 24        (2)  Retired employees' and retired public officials' home addresses, home
 25    telephone numbers and other financial  and  nonfinancial  membership  records;
 26    active and inactive member financial and membership records and mortgage port-
 27    folio  loan  documents  maintained  by  the public employee retirement system.
 28    Financial statements prepared by retirement system staff, funding  agents  and
 29    custodians  concerning the investment of assets of the public employee retire-
 30    ment system of Idaho are not considered confidential under this chapter.
 31        (3)  Information and records submitted to the Idaho state lottery for  the
 32    performance  of  background investigations of employees, lottery retailers and
 33    major procurement contractors; audit records of lottery retailers, vendors and
 34    major procurement contractors submitted to or performed  by  the  Idaho  state
 35    lottery; validation and security tests of the state lottery for lottery games;
 36    business records and information submitted pursuant to sections 67-7412(8) and
 37    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
 38    obtained and held for the  purposes  of  lottery  security  and  investigative
 39    action as determined by lottery rules unless the public interest in disclosure
 40    substantially  outweighs  the  private need for protection from public disclo-
 41    sure.
 42        (4)  Records of a personal nature as follows:
 43        (a)  Records of personal debt filed with a public  agency  or  independent
                                                                        
                                           2
                                                                        
  1        public body corporate and politic pursuant to law;
  2        (b)  Personal  bank records compiled by a public depositor for the purpose
  3        of public funds transactions conducted pursuant to law;
  4        (c)  Records of ownership of financial obligations and  instruments  of  a
  5        public  agency  or  independent public body corporate and politic, such as
  6        bonds, compiled by the public agency or independent public body  corporate
  7        and politic pursuant to law;
  8        (d)  Records,  with  regard to the ownership of, or security interests in,
  9        registered public obligations;
 10        (e)  Vital statistics records; and
 11        (f)  Military records as described in  and  pursuant  to  section  65-301,
 12        Idaho Code.
 13        (5)  Information  in  an  income  or other tax return measured by items of
 14    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 15    administering  the  tax,  except such information to the extent disclosed in a
 16    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 17    deficiency  determination  by the tax commission, under the provisions of sec-
 18    tion 63-3045B, Idaho Code.
 19        (6)  Records of a personal nature related directly or  indirectly  to  the
 20    application for and provision of statutory services rendered to persons apply-
 21    ing for public care for the elderly, indigent, or mentally or physically hand-
 22    icapped,  or  participation in an environmental or a public health study, pro-
 23    vided the provisions of this subsection making records exempt from  disclosure
 24    shall  not  apply  to the extent that such records or information contained in
 25    those records are necessary for a background check on an  individual  that  is
 26    required by federal law regulating the sale of firearms, guns or ammunition.
 27        (7)  Employment  security  information  and unemployment insurance benefit
 28    information, except that all interested parties may agree to waive the  exemp-
 29    tion.
 30        (8)  Any  personal records, other than names, business addresses and busi-
 31    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 32    tax  identification  and  social  security numbers, financial worth or medical
 33    condition submitted to any public agency or independent public body  corporate
 34    and  politic pursuant to a statutory requirement for licensing, certification,
 35    permit or bonding.
 36        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 37    part  of an inquiry into a person's fitness to be granted or retain a license,
 38    certificate, permit, privilege, commission or  position,  private  association
 39    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 40    which has records exempt from disclosure under the provisions of this  subsec-
 41    tion  shall  annually  make  available a statistical summary of the number and
 42    types of matters considered and their disposition.
 43        (10) The records, findings, determinations and decisions of any prelitiga-
 44    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 45        (11) Complaints received by the board of medicine and  investigations  and
 46    informal  proceedings,  including informal proceedings of any committee of the
 47    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 48    adopted thereunder.
 49        (12) Records  of  the  department of health and welfare or a public health
 50    district that identify a person infected with a reportable disease.
 51        (13) Records of hospital care, medical records,  including  prescriptions,
 52    drug  orders,  records or any other prescription information that specifically
 53    identifies an individual patient, prescription records maintained by the board
 54    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
 55    treatment and professional counseling records relating to an individual's con-
                                                                        
                                           3
                                                                        
  1    dition, diagnosis, care or treatment, provided the provisions of this  subsec-
  2    tion  making records exempt from disclosure shall not apply to the extent that
  3    such records or information contained in those records  are  necessary  for  a
  4    background  check  on an individual that is required by federal law regulating
  5    the sale of firearms, guns or ammunition.
  6        (14) Information collected pursuant to the directory  of  new  hires  act,
  7    chapter 16, title 72, Idaho Code.
  8        (15) Personal  information  contained  in motor vehicle and driver records
  9    that is exempt from disclosure under the provisions of chapter  2,  title  49,
 10    Idaho Code.
 11        (16) Records  of  the financial status of prisoners pursuant to subsection
 12    (2) of section 20-607, Idaho Code.
 13        (17) Records of  the  Idaho  state  police  or  department  of  correction
 14    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 15    DNA databases and databanks.
 16        (18) Records of the department of health and welfare relating to a survey,
 17    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 18    exempt  from disclosure. Such records shall, however, be subject to disclosure
 19    as public records as soon as the facility in question has received the report,
 20    and no later than the fourteenth day following the  date  that  department  of
 21    health  and  welfare  representatives officially exit the facility pursuant to
 22    federal regulations. Provided however, that for purposes  of  confidentiality,
 23    no  record  shall be released under this section which specifically identifies
 24    any nursing facility resident.
 25        (19) Records and information contained in the  registry  of  immunizations
 26    against childhood diseases maintained in the department of health and welfare,
 27    including  information disseminated to others from the registry by the depart-
 28    ment of health and welfare.
 29        (20) Records of the Idaho housing and finance association (IHFA)  relating
 30    to the following:
 31        (a)  Records containing personal financial, family, health or similar per-
 32        sonal information submitted to or otherwise obtained by the IHFA;
 33        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 34        obtaining  and  servicing  mortgage  loans and all records relating to the
 35        review, approval or rejection by the IHFA of said loans;
 36        (c)  Mortgage portfolio loan documents;
 37        (d)  Records of a current or former employee  other  than  the  employee's
 38        duration of employment with the association, position held and location of
 39        employment.  This exemption from disclosure does not include the contracts
 40        of employment or any remuneration, including reimbursement of expenses, of
 41        the executive director, executive officers or commissioners of the associ-
 42        ation. All other personnel information relating to an association employee
 43        or applicant including, but not limited  to,  information  regarding  sex,
 44        race,  marital  status,  birth  date,  home  address and telephone number,
 45        applications, testing and scoring materials,  grievances,  correspondence,
 46        retirement plan information and performance evaluations, shall not be dis-
 47        closed  to  the  public without the employee's or applicant's written con-
 48        sent. An employee or authorized representative may inspect and  copy  that
 49        employee's  personnel records, except for material used to screen and test
 50        for employment or material not subject  to  disclosure  elsewhere  in  the
 51        Idaho public records act.
 52        (21) Records of the department of health and welfare related to child sup-
 53    port  services in cases in which there is reasonable evidence of domestic vio-
 54    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
 55    locate any individuals in the child support case except in response to a court
                                                                        
                                           4
                                                                        
  1    order.
  2        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
  3    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
  4    authorizes  the  release  pursuant to subsection (4) of section 54-4901, Idaho
  5    Code.
  6        (23) Records and information contained in the trauma registry  created  by
  7    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
  8    pilations created from such information and records.
  9        (24) Records  contained  in  the court files, or other records prepared as
 10    part of proceedings for judicial  authorization  of  sterilization  procedures
 11    pursuant to chapter 39, title 39, Idaho Code.
 12        (25) The  physical  voter  registration card on file in the county clerk's
 13    office. However, information from the voter registration  card  maintained  in
 14    the  statewide  voter  registration database will be made available except for
 15    the voter's driver's license number, date of birth and, upon showing  of  good
 16    cause  by the voter, the physical residence address of the voter. For the pur-
 17    poses of this subsection, good cause shall include, but not be limited to: the
 18    protection of life and property of victims of crime, judges,  law  enforcement
 19    and corrections officers and their spouses.
                                                                        
 20        SECTION  2.  That  Section  34-416, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        34-416.  REGISTRATION CARDS. (1) The registration card shall  contain  the
 23    following warning:
 24        WARNING:  Any  elector who supplies any information, knowing it to be
 25        false, is guilty of perjury.
 26        (2)  The elector shall read the warning set forth  in  subsection  (1)  of
 27    this  section and shall sign his name in an appropriate place on the completed
 28    card.
 29        (3)  The registration card completed and signed as provided in  this  sec-
 30    tion  constitutes  the  official  registration card of the elector. The county
 31    clerk shall keep and file all such cards in a convenient manner in his office.
 32    Such cards constitute the register of electors and shall be considered  confi-
 33    dential  and  unavailable  for public inspection and copying. Information from
 34    the statewide list of registered voters as provided in section 34-437A,  Idaho
 35    Code,  will  be made available with the exception of that information which is
 36    exempt from disclosure pursuant to section 9-340C, Idaho Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Smith (30)          
                                                                        
                                                     Seconded by Deal                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 558
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 4 of the printed bill, delete lines 12 through 19 and insert:
  3        "(25)  The physical voter registration card on file in the county  clerk's
  4    office;  however, a redacted copy of said card shall be made available consis-
  5    tent with the requirements of this section. Information from the voter  regis-
  6    tration  card maintained in the statewide voter registration database, includ-
  7    ing age, will be made available except for the voter's driver's  license  num-
  8    ber,  date of birth and, upon showing of good cause by the voter to the county
  9    clerk in consultation with the county prosecuting attorney, the physical resi-
 10    dence address of the voter. For the purposes of  this  subsection  good  cause
 11    shall include the protection of life and property and protection of victims of
 12    domestic violence and similar crimes.".
                                                                        
 13                                AMENDMENT TO SECTION 2
 14        On  page  4, delete lines 32 through 36 and insert: "Such cards constitute
 15    the register of electors and shall be considered confidential and  unavailable
 16    for  public  inspection  and  copying except as provided by subsection (25) of
 17    section 9-340C, Idaho Code.".
                                                                        
 18                                 CORRECTIONS TO TITLE
 19        On page 1, in line 3 following "EXEMPT" insert: "CERTAIN INFORMATION FROM"
 20    and in line 4, delete "EXEMPTIONS" and insert: "EXCEPTIONS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 558, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECORDS EXEMPT FROM DISCLOSURE;  AMENDING  SECTION  9-340C,  IDAHO
  3        CODE,  TO  EXEMPT  CERTAIN  INFORMATION FROM VOTER REGISTRATION CARDS FROM
  4        DISCLOSURE AND PROVIDING EXCEPTIONS; AND AMENDING  SECTION  34-416,  IDAHO
  5        CODE,  TO  GOVERN  INFORMATION IN VOTER REGISTRATION CARDS WHICH IS EXEMPT
  6        FROM DISCLOSURE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
 11    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 12    are exempt from disclosure:
 13        (1)  Except  as  provided  in  this subsection, all personnel records of a
 14    current or former public official other than the public official's public ser-
 15    vice or employment history, classification, pay  grade  and  step,  longevity,
 16    gross  salary  and salary history, status, workplace and employing agency. All
 17    other personnel information relating to a public employee or applicant includ-
 18    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 19    birth  date,  home  address  and  telephone  number, applications, testing and
 20    scoring materials, grievances,  correspondence  and  performance  evaluations,
 21    shall  not  be  disclosed  to the public without the employee's or applicant's
 22    written consent. A public official or authorized  representative  may  inspect
 23    and  copy  his  personnel records, except for material used to screen and test
 24    for employment.
 25        (2)  Retired employees' and retired public officials' home addresses, home
 26    telephone numbers and other financial  and  nonfinancial  membership  records;
 27    active and inactive member financial and membership records and mortgage port-
 28    folio  loan  documents  maintained  by  the public employee retirement system.
 29    Financial statements prepared by retirement system staff, funding  agents  and
 30    custodians  concerning the investment of assets of the public employee retire-
 31    ment system of Idaho are not considered confidential under this chapter.
 32        (3)  Information and records submitted to the Idaho state lottery for  the
 33    performance  of  background investigations of employees, lottery retailers and
 34    major procurement contractors; audit records of lottery retailers, vendors and
 35    major procurement contractors submitted to or performed  by  the  Idaho  state
 36    lottery; validation and security tests of the state lottery for lottery games;
 37    business records and information submitted pursuant to sections 67-7412(8) and
 38    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
 39    obtained and held for the  purposes  of  lottery  security  and  investigative
 40    action as determined by lottery rules unless the public interest in disclosure
 41    substantially  outweighs  the  private need for protection from public disclo-
 42    sure.
 43        (4)  Records of a personal nature as follows:
                                                                        
                                           2
                                                                        
  1        (a)  Records of personal debt filed with a public  agency  or  independent
  2        public body corporate and politic pursuant to law;
  3        (b)  Personal  bank records compiled by a public depositor for the purpose
  4        of public funds transactions conducted pursuant to law;
  5        (c)  Records of ownership of financial obligations and  instruments  of  a
  6        public  agency  or  independent public body corporate and politic, such as
  7        bonds, compiled by the public agency or independent public body  corporate
  8        and politic pursuant to law;
  9        (d)  Records,  with  regard to the ownership of, or security interests in,
 10        registered public obligations;
 11        (e)  Vital statistics records; and
 12        (f)  Military records as described in  and  pursuant  to  section  65-301,
 13        Idaho Code.
 14        (5)  Information  in  an  income  or other tax return measured by items of
 15    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 16    administering  the  tax,  except such information to the extent disclosed in a
 17    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 18    deficiency  determination  by the tax commission, under the provisions of sec-
 19    tion 63-3045B, Idaho Code.
 20        (6)  Records of a personal nature related directly or  indirectly  to  the
 21    application for and provision of statutory services rendered to persons apply-
 22    ing for public care for the elderly, indigent, or mentally or physically hand-
 23    icapped,  or  participation in an environmental or a public health study, pro-
 24    vided the provisions of this subsection making records exempt from  disclosure
 25    shall  not  apply  to the extent that such records or information contained in
 26    those records are necessary for a background check on an  individual  that  is
 27    required by federal law regulating the sale of firearms, guns or ammunition.
 28        (7)  Employment  security  information  and unemployment insurance benefit
 29    information, except that all interested parties may agree to waive the  exemp-
 30    tion.
 31        (8)  Any  personal records, other than names, business addresses and busi-
 32    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 33    tax  identification  and  social  security numbers, financial worth or medical
 34    condition submitted to any public agency or independent public body  corporate
 35    and  politic pursuant to a statutory requirement for licensing, certification,
 36    permit or bonding.
 37        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 38    part  of an inquiry into a person's fitness to be granted or retain a license,
 39    certificate, permit, privilege, commission or  position,  private  association
 40    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 41    which has records exempt from disclosure under the provisions of this  subsec-
 42    tion  shall  annually  make  available a statistical summary of the number and
 43    types of matters considered and their disposition.
 44        (10) The records, findings, determinations and decisions of any prelitiga-
 45    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 46        (11) Complaints received by the board of medicine and  investigations  and
 47    informal  proceedings,  including informal proceedings of any committee of the
 48    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 49    adopted thereunder.
 50        (12) Records  of  the  department of health and welfare or a public health
 51    district that identify a person infected with a reportable disease.
 52        (13) Records of hospital care, medical records,  including  prescriptions,
 53    drug  orders,  records or any other prescription information that specifically
 54    identifies an individual patient, prescription records maintained by the board
 55    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
                                                                        
                                           3
                                                                        
  1    treatment and professional counseling records relating to an individual's con-
  2    dition, diagnosis, care or treatment, provided the provisions of this  subsec-
  3    tion  making records exempt from disclosure shall not apply to the extent that
  4    such records or information contained in those records  are  necessary  for  a
  5    background  check  on an individual that is required by federal law regulating
  6    the sale of firearms, guns or ammunition.
  7        (14) Information collected pursuant to the directory  of  new  hires  act,
  8    chapter 16, title 72, Idaho Code.
  9        (15) Personal  information  contained  in motor vehicle and driver records
 10    that is exempt from disclosure under the provisions of chapter  2,  title  49,
 11    Idaho Code.
 12        (16) Records  of  the financial status of prisoners pursuant to subsection
 13    (2) of section 20-607, Idaho Code.
 14        (17) Records of  the  Idaho  state  police  or  department  of  correction
 15    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 16    DNA databases and databanks.
 17        (18) Records of the department of health and welfare relating to a survey,
 18    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 19    exempt  from disclosure. Such records shall, however, be subject to disclosure
 20    as public records as soon as the facility in question has received the report,
 21    and no later than the fourteenth day following the  date  that  department  of
 22    health  and  welfare  representatives officially exit the facility pursuant to
 23    federal regulations. Provided however, that for purposes  of  confidentiality,
 24    no  record  shall be released under this section which specifically identifies
 25    any nursing facility resident.
 26        (19) Records and information contained in the  registry  of  immunizations
 27    against childhood diseases maintained in the department of health and welfare,
 28    including  information disseminated to others from the registry by the depart-
 29    ment of health and welfare.
 30        (20) Records of the Idaho housing and finance association (IHFA)  relating
 31    to the following:
 32        (a)  Records containing personal financial, family, health or similar per-
 33        sonal information submitted to or otherwise obtained by the IHFA;
 34        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 35        obtaining  and  servicing  mortgage  loans and all records relating to the
 36        review, approval or rejection by the IHFA of said loans;
 37        (c)  Mortgage portfolio loan documents;
 38        (d)  Records of a current or former employee  other  than  the  employee's
 39        duration of employment with the association, position held and location of
 40        employment.  This exemption from disclosure does not include the contracts
 41        of employment or any remuneration, including reimbursement of expenses, of
 42        the executive director, executive officers or commissioners of the associ-
 43        ation. All other personnel information relating to an association employee
 44        or applicant including, but not limited  to,  information  regarding  sex,
 45        race,  marital  status,  birth  date,  home  address and telephone number,
 46        applications, testing and scoring materials,  grievances,  correspondence,
 47        retirement plan information and performance evaluations, shall not be dis-
 48        closed  to  the  public without the employee's or applicant's written con-
 49        sent. An employee or authorized representative may inspect and  copy  that
 50        employee's  personnel records, except for material used to screen and test
 51        for employment or material not subject  to  disclosure  elsewhere  in  the
 52        Idaho public records act.
 53        (21) Records of the department of health and welfare related to child sup-
 54    port  services in cases in which there is reasonable evidence of domestic vio-
 55    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
                                                                        
                                           4
                                                                        
  1    locate any individuals in the child support case except in response to a court
  2    order.
  3        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
  4    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
  5    authorizes  the  release  pursuant to subsection (4) of section 54-4901, Idaho
  6    Code.
  7        (23) Records and information contained in the trauma registry  created  by
  8    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
  9    pilations created from such information and records.
 10        (24) Records  contained  in  the court files, or other records prepared as
 11    part of proceedings for judicial  authorization  of  sterilization  procedures
 12    pursuant to chapter 39, title 39, Idaho Code.
 13        (25)  The  physical  voter registration card on file in the county clerk's
 14    office; however, a redacted copy of said card shall be made available  consis-
 15    tent  with the requirements of this section. Information from the voter regis-
 16    tration card maintained in the statewide voter registration database,  includ-
 17    ing  age,  will be made available except for the voter's driver's license num-
 18    ber, date of birth and, upon showing of good cause by the voter to the  county
 19    clerk in consultation with the county prosecuting attorney, the physical resi-
 20    dence  address  of  the  voter. For the purposes of this subsection good cause
 21    shall include the protection of life and property and protection of victims of
 22    domestic violence and similar crimes.
                                                                        
 23        SECTION 2.  That Section 34-416, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        34-416.  REGISTRATION  CARDS.  (1) The registration card shall contain the
 26    following warning:
 27        WARNING: Any elector who supplies any information, knowing it  to  be
 28        false, is guilty of perjury.
 29        (2)  The  elector  shall  read  the warning set forth in subsection (1) of
 30    this section and shall sign his name in an appropriate place on the  completed
 31    card.
 32        (3)  The  registration  card completed and signed as provided in this sec-
 33    tion constitutes the official registration card of  the  elector.  The  county
 34    clerk shall keep and file all such cards in a convenient manner in his office.
 35    Such  cards constitute the register of electors and shall be considered confi-
 36    dential and unavailable for public inspection and copying except  as  provided
 37    by subsection (25) of section 9-340C, Idaho Code.

Statement of Purpose / Fiscal Impact


REVISED     REVISED     REVISED     REVISED     REVISED 
                       STATEMENT OF PURPOSE
                             RS 13593
This legislation is intended to protect registered voters from
identity theft by holding the personal information contained on
voter registration cards confidential while still making voter
name, address, telephone number and voting history available to
candidates and political parties for campaign purposes from the
voter registration data-base.  Information to be protected from
disclosure including: social security number, drivers license
number, date of birth, signature, and residence address upon
showing good cause.
                          FISCAL IMPACT
This legislation will have no impact on the state general fund
and minimal impact to the counties.


Contact
Name: Tim Hurst, Secretary of State 
Phone: 208/334-2852




STATEMENT OF PURPOSE/FISCAL NOTE                      H 558