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HOUSE BILL NO. 806
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H0806.....................................................by WAYS AND MEANS
LIVESTOCK/POULTRY/FISH - Amends existing law relating to animal disease
control to authorize the Division of Animal Industries to promulgate rules
for the identification of livestock, poultry or fish and for registration
of premises where livestock, poultry or fish are held; and to provide that
certain data and information collected by the Division of Animal Industries
or the State Brand Board shall be exempt from public disclosure.
03/03 House intro - 1st rdg - to printing
03/04 Rpt prt - to Agric Aff
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 45-24-1
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block,
Bolz, Campbell, Collins, Crow, Cuddy, Deal, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Jones, Kellogg,
Langford, Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen,
Ridinger, Ring, Ringo, Rydalch, Sayler, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
NAYS -- Barrett, Bayer, Boe, Bradford, Cannon, Clark, Denney,
Douglas, Eberle, Gagner, Henbest, Jaquet, Kulczyk, Lake, Langhorst,
McGeachin, McKague, Moyle, Pasley-Stuart, Raybould, Roberts, Robison,
Absent and excused -- Wood
Floor Sponsor - Jones
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Agric Aff
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rls susp - PASSED - 27-7-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Keough, Little, Lodge, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Sorensen, Stegner, Williams
NAYS -- Burkett(Maxand), Kennedy, Malepeai, Marley, Schroeder,
Absent and excused -- Sweet
Floor Sponsor - Burtenshaw
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 205
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 806
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO ANIMAL DISEASE CONTROL; AMENDING CHAPTER 2, TITLE 25, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 25-207B, IDAHO CODE, TO AUTHORIZE THE
4 DIVISION OF ANIMAL INDUSTRIES TO PROMULGATE RULES FOR THE IDENTIFICATION
5 OF LIVESTOCK, POULTRY OR FISH AND FOR THE REGISTRATION OF PREMISES WHERE
6 LIVESTOCK, POULTRY OR FISH ARE HELD AND TO PROVIDE THAT CERTAIN DATA AND
7 INFORMATION COLLECTED BY THE DIVISION OF ANIMAL INDUSTRIES OR THE STATE
8 BRAND BOARD SHALL NOT BE CONSIDERED A PUBLIC RECORD AND SHALL BE EXEMPT
9 FROM PUBLIC DISCLOSURE; AND AMENDING SECTION 9-340D, IDAHO CODE, TO PRO-
10 VIDE THAT ALL DATA AND INFORMATION COLLECTED BY THE DIVISION OF ANIMAL
11 INDUSTRIES OR THE STATE BRAND BOARD PURSUANT TO CERTAIN PROVISIONS OF LAW
12 AND RULES SHALL BE EXEMPT FROM PUBLIC DISCLOSURE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Chapter 2, Title 25, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 25-207B, Idaho Code, and to read as follows:
17 25-207B. IDENTIFICATION OF LIVESTOCK, POULTRY OR FISH -- RULES FOR DIS-
18 EASE CONTROL. (1) In order to provide for disease control and increase the
19 traceability of infected or exposed animals or fish, the division of animal
20 industries, in cooperation with the state brand board, is authorized to pro-
21 mulgate rules for the identification of livestock, poultry or fish and the
22 registration of premises where such animals or fish are held.
23 (2) All data and information collected by the division of animal indus-
24 tries or the state brand board pursuant to the provisions of this section, or
25 rules promulgated hereunder, shall not be considered a public record and shall
26 be exempt from public disclosure requirements as provided in section 9-340D,
27 Idaho Code.
28 SECTION 2. That Section 9-340D, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION
31 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
32 exempt from disclosure:
33 (1) Trade secrets including those contained in response to public agency
34 or independent public body corporate and politic requests for proposal,
35 requests for clarification, requests for information and similar requests.
36 "Trade secrets" as used in this section means information, including a for-
37 mula, pattern, compilation, program, computer program, device, method, tech-
38 nique, process, or unpublished or in progress research that:
39 (a) Derives independent economic value, actual or potential, from not
40 being generally known to, and not being readily ascertainable by proper
41 means by other persons who can obtain economic value from its disclosure
1 or use; and
2 (b) Is the subject of efforts that are reasonable under the circumstances
3 to maintain its secrecy.
4 (2) Production records, housing production, rental and financing records,
5 sale or purchase records, catch records, mortgage portfolio loan documents, or
6 similar business records of a private concern or enterprise required by law
7 to be submitted to or inspected by a public agency or submitted to or other-
8 wise obtained by an independent public body corporate and politic. Nothing in
9 this subsection shall limit the use which can be made of such information for
10 regulatory purposes or its admissibility in any enforcement proceeding.
11 (3) Records relating to the appraisal of real property, timber or mineral
12 rights prior to its acquisition, sale or lease by a public agency or indepen-
13 dent public body corporate and politic.
14 (4) Any estimate prepared by a public agency or independent public body
15 corporate and politic that details the cost of a public project until such
16 time as disclosed or bids are opened, or upon award of the contract for con-
17 struction of the public project.
18 (5) Examination, operating or condition reports and all documents relat-
19 ing thereto, prepared by or supplied to any public agency or independent pub-
20 lic body corporate and politic responsible for the regulation or supervision
21 of financial institutions including, but not limited to, banks, savings and
22 loan associations, regulated lenders, business and industrial development cor-
23 porations, credit unions, and insurance companies, or for the regulation or
24 supervision of the issuance of securities.
25 (6) Records gathered by a local agency or the Idaho department of com-
26 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
27 pose of assisting a person to locate, maintain, invest in, or expand business
28 operations in the state of Idaho.
29 (7) Shipping and marketing records of commodity commissions used to eval-
30 uate marketing and advertising strategies and the names and addresses of grow-
31 ers and shippers maintained by commodity commissions.
32 (8) Financial statements and business information and reports submitted
33 by a legal entity to a port district organized under title 70, Idaho Code, in
34 connection with a business agreement, or with a development proposal or with a
35 financing application for any industrial, manufacturing, or other business
36 activity within a port district.
37 (9) Names and addresses of seed companies, seed crop growers, seed crop
38 consignees, locations of seed crop fields, variety name and acreage by vari-
39 ety. Upon the request of the owner of the proprietary variety, this informa-
40 tion shall be released to the owner. Provided however, that if a seed crop has
41 been identified as diseased or has been otherwise identified by the Idaho
42 department of agriculture, other state departments of agriculture, or the
43 United States department of agriculture to represent a threat to that particu-
44 lar seed or commercial crop industry or to individual growers, information as
45 to test results, location, acreage involved and disease symptoms of that par-
46 ticular seed crop, for that growing season, shall be available for public
47 inspection and copying. This exemption shall not supersede the provisions of
48 section 22-436, Idaho Code.
49 (10) Information obtained from books, records and accounts required in
50 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
51 rapeseed commission and pertaining to the individual production records of ca-
52 nola or rapeseed growers.
53 (11) Records of any risk retention or self-insurance program prepared in
54 anticipation of litigation or for analysis of or settlement of potential or
55 actual money damage claims against a public entity and its employees or
1 against the industrial special indemnity fund except as otherwise discoverable
2 under the Idaho or federal rules of civil procedure. These records shall
3 include, but are not limited to, claims evaluations, investigatory records,
4 computerized reports of losses, case reserves, internal documents and corre-
5 spondence relating thereto. At the time any claim is concluded, only statisti-
6 cal data and actual amounts paid in settlement shall be deemed a public
7 record unless otherwise ordered to be sealed by a court of competent jurisdic-
8 tion. Provided however, nothing in this subsection is intended to limit the
9 attorney client privilege or attorney work product privilege otherwise avail-
10 able to any public agency or independent public body corporate and politic.
11 (12) Records of laboratory test results provided by or retained by the
12 Idaho food quality assurance laboratory. Nothing in this subsection shall
13 limit the use which can be made, or availability of such information if used,
14 for regulatory purposes or its admissibility in any enforcement proceeding.
15 (13) Reports required to be filed under chapter 13, title 62, Idaho Code,
16 identifying electrical or natural or manufactured gas consumption data for
17 an individual customer or account.
18 (14) Voluntarily prepared environmental audits, and voluntary disclosures
19 of information submitted on or before December 31, 1997, to an environmental
20 agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
21 dential business information.
22 (15) Computer programs developed or purchased by or for any public agency
23 or independent public body corporate and politic for its own use. As used in
24 this subsection, "computer program" means a series of instructions or state-
25 ments which permit the functioning of a computer system in a manner designed
26 to provide storage, retrieval and manipulation of data from the computer sys-
27 tem, and any associated documentation and source material that explain how to
28 operate the computer program. Computer program does not include:
29 (a) The original data including, but not limited to, numbers, text,
30 voice, graphics and images;
31 (b) Analysis, compilation and other manipulated forms of the original
32 data produced by use of the program; or
33 (c) The mathematical or statistical formulas that would be used if the
34 manipulated forms of the original data were to be produced manually.
35 (16) Active investigative records and trademark usage audits of the Idaho
36 potato commission specifically relating to the enforcement of chapter 12,
37 title 22, Idaho Code, until the commencement of formal proceedings as provided
38 by rules of the commission; purchase and sales information submitted to the
39 Idaho potato commission during a trademark usage audit, and investigation or
40 enforcement proceedings. Inactive investigatory records shall be disclosed
41 unless the disclosure would violate the standards set forth in subsections
42 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection
43 shall limit the use which can be made, or availability of such information if
44 used, for regulatory purposes or its admissibility in any enforcement proceed-
46 (17) All records copied or obtained by the director of the department of
47 agriculture or his designee as a result of an inspection pursuant to section
48 25-3806, Idaho Code, except:
49 (a) Records otherwise deemed to be public records not exempt from disclo-
50 sure pursuant to this chapter; and
51 (b) Inspection reports, determinations of compliance or noncompliance and
52 all other records created by the director or his designee pursuant to sec-
53 tion 25-3806, Idaho Code.
54 (18) All data and information collected by the division of animal indus-
55 tries or the state brand board pursuant to the provisions of section 25-207B,
1 Idaho Code, or rules promulgated thereunder.
STATEMENT OF PURPOSE
The purpose of this legislation is to provide the Idaho State
Department of Agriculture the authority to promulgate rules for the
identification of livestock, poultry or fish and to provide for the
registration of premises where they are held. This is being done in
order to provide for disease control and increased traceability of
infected or exposed animals.
There is no effect to the General Fund.
Name: Speaker Bruce Newcomb
Name: Judy Bartlett
Idaho Farm Bureau
STATEMENT OF PURPOSE/FISCAL NOTE H 806