2005 Legislation
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HOUSE BILL NO. 130 – MV collision rpt, disclosure

HOUSE BILL NO. 130

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Bill Status



H0130aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
MOTOR VEHICLE COLLISION REPORT - Amends existing law relating to records
exempt from disclosure to provide that any person involved in a motor
vehicle collision, which is investigated by a law enforcement agency, that
person's authorized legal representative and the insurer shall have a right
to a complete unaltered copy of the impact report, or its successors, and
the final report prepared by the agency.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
02/18    Rpt out - to Gen Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
      Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bradford, Field(18), Sali
    Floor Sponsor - Clark
    Title apvd - to Senate
03/09    Senate intro - 1st rdg - to Jud
03/15    Rpt out - to 14th Ord
03/23    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/25    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Jorgenson
    Title apvd - to House
03/28    House concurred in Senate amens - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
03/30    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smylie, Snodgrass, Trail, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, McKague, Smith(24), Stevenson, Wills
    Floor Sponsor - Clark
    Title apvd - to enrol
03/31    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/11    Governor signed
         Session Law Chapter 333
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 130
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECORDS EXEMPT FROM  DISCLOSURE;  AMENDING  SECTION  9-335,  IDAHO
  3        CODE,  TO CLARIFY THAT A MOTOR VEHICLE COLLISION REPORT IS NOT AN INVESTI-
  4        GATORY REPORT EXEMPT FROM DISCLOSURE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 9-335, Idaho Code, be, and  the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        9-335.  EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
  9    any  statute  or  rule  of  court to the contrary, nothing in this chapter nor
 10    chapter 10, title 59, Idaho Code, shall be construed to require disclosure  of
 11    investigatory  records compiled for law enforcement purposes by a law enforce-
 12    ment agency, but such exemption from disclosure applies  only  to  the  extent
 13    that the production of such records would:
 14        (a)  Interfere with enforcement proceedings;
 15        (b)  Deprive a person of a right to a fair trial or an impartial adjudica-
 16        tion;
 17        (c)  Constitute an unwarranted invasion of personal privacy;
 18        (d)  Disclose  the identity of a confidential source and, in the case of a
 19        record compiled by a criminal law enforcement agency in the  course  of  a
 20        criminal  investigation,  confidential  information  furnished only by the
 21        confidential source;
 22        (e)  Disclose investigative techniques and procedures; or
 23        (f)  Endanger the life or physical safety of law enforcement personnel.
 24        A motor vehicle collision report is not an investigatory  record  and  any
 25    person involved in a motor vehicle collision investigated by a law enforcement
 26    agency,  or  that person's authorized legal representative, shall have a right
 27    to a complete, unaltered copy of the report prepared by the agency.
 28        (2)  An inactive investigatory record shall be disclosed unless  the  dis-
 29    closure  would violate the provisions of subsection (1)(a) through (f) of this
 30    section. Investigatory record as used herein means information with respect to
 31    an identifiable person or group of  persons  compiled  by  a  law  enforcement
 32    agency in the course of conducting an investigation of a specific act or omis-
 33    sion and shall not include the following information:
 34        (a)  The  time,  date,  location, and nature and description of a reported
 35        crime, accident or incident;
 36        (b)  The name, sex, age, and address  of  a  person  arrested,  except  as
 37        otherwise provided by law;
 38        (c)  The time, date, and location of the incident and of the arrest;
 39        (d)  The crime charged;
 40        (e)  Documents  given  or  required  by  law  to  be  given  to the person
 41        arrested;
 42        (f)  Informations and indictments except as otherwise provided by law; and
 43        (g)  Criminal history reports.
                                                                        
                                           2
                                                                        
  1        As used herein, the term "law enforcement agency" means the office of  the
  2    attorney  general, the office of the state controller, the Idaho state police,
  3    the office of any prosecuting attorney, sheriff or  municipal  police  depart-
  4    ment.
  5        (3)  Whenever  it  is  made to appear by verified petition to the district
  6    court of the county where the records or some part thereof are  situated  that
  7    certain  investigative  records are being improperly withheld from a member of
  8    the public, the court shall order the officer or person charged with withhold-
  9    ing the records to disclose the investigative record  or  show  cause  why  he
 10    should  not  do so. The court shall decide the case after examining the record
 11    in camera, papers filed by the parties, and such oral argument and  additional
 12    evidence as the court may allow.
 13        If  the  court finds that the public official's decision to refuse disclo-
 14    sure is not justified, he shall order the public officials to make the  record
 15    public.  If  the  judge  determines  that the public official was justified in
 16    refusing to make the record public, he shall return the  item  to  the  public
 17    official  without disclosing its content with an order supporting the decision
 18    refusing disclosure. Any person who fails to obey the order of the court shall
 19    be cited to show cause why he is not in contempt of court. The court  may,  in
 20    its discretion, award costs and fees to the prevailing party.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Jorgenson           
                                                                        
                                                     Seconded by Kelly               
                                                                        
                                                                        
                                       IN THE SENATE
                        SENATE AMENDMENT TO H.B. NO. 130, As Amended
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the engrossed bill, delete lines 24 through 28, and  in  line
  3    29  following  "(2)"  insert: "Notwithstanding subsection (1) of this section,
  4    any person involved in a motor vehicle collision which is  investigated  by  a
  5    law  enforcement agency, that person's authorized legal representative and the
  6    insurer shall have a right to a complete, unaltered copy of the impact report,
  7    or its successors, and the final report prepared by the agency.
  8        (3)".
                                                                        
  9                                 CORRECTION TO TITLE
 10        On page 1, delete lines 3 and 4 and insert:  "CODE, TO  PROVIDE  THAT  ANY
 11    PERSON  INVOLVED  IN  A MOTOR VEHICLE COLLISION WHICH IS INVESTIGATED BY A LAW
 12    ENFORCEMENT AGENCY, THAT PERSON'S  AUTHORIZED  LEGAL  REPRESENTATIVE  AND  THE
 13    INSURER SHALL HAVE A RIGHT TO A COMPLETE, UNALTERED COPY OF THE IMPACT REPORT,
 14    OR ITS SUCCESSORS, AND THE FINAL REPORT PREPARED BY THE AGENCY.".
                                                                        
                                          2
                                                                        
                                                     Moved by    Smith (24)          
                                                                        
                                                     Seconded by Bastian             
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 130
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On  page  1  of the printed bill, in line 26 delete "or"; and also in line
  3    26, following "representative"  insert: ", or insurance agency"; and  in  line
  4    27, following "of the" insert: "final".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                  HOUSE BILL NO. 130, As Amended, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECORDS EXEMPT FROM  DISCLOSURE;  AMENDING  SECTION  9-335,  IDAHO
  3        CODE,  TO  PROVIDE  THAT  ANY PERSON INVOLVED IN A MOTOR VEHICLE COLLISION
  4        WHICH IS INVESTIGATED BY A LAW ENFORCEMENT AGENCY,  THAT  PERSON'S  AUTHO-
  5        RIZED  LEGAL  REPRESENTATIVE  AND THE INSURER SHALL HAVE A RIGHT TO A COM-
  6        PLETE, UNALTERED COPY OF THE IMPACT REPORT, OR  ITS  SUCCESSORS,  AND  THE
  7        FINAL REPORT PREPARED BY THE AGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  9-335,  Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        9-335.  EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
 12    any statute or rule of court to the contrary,  nothing  in  this  chapter  nor
 13    chapter  10, title 59, Idaho Code, shall be construed to require disclosure of
 14    investigatory records compiled for law enforcement purposes by a law  enforce-
 15    ment  agency,  but  such  exemption from disclosure applies only to the extent
 16    that the production of such records would:
 17        (a)  Interfere with enforcement proceedings;
 18        (b)  Deprive a person of a right to a fair trial or an impartial adjudica-
 19        tion;
 20        (c)  Constitute an unwarranted invasion of personal privacy;
 21        (d)  Disclose the identity of a confidential source and, in the case of  a
 22        record  compiled  by  a criminal law enforcement agency in the course of a
 23        criminal investigation, confidential information  furnished  only  by  the
 24        confidential source;
 25        (e)  Disclose investigative techniques and procedures; or
 26        (f)  Endanger the life or physical safety of law enforcement personnel.
 27        (2)  Notwithstanding  subsection  (1) of this section, any person involved
 28    in a motor vehicle collision  which  is  investigated  by  a  law  enforcement
 29    agency,  that  person's  authorized legal representative and the insurer shall
 30    have a right to a complete, unaltered copy of the impact report, or  its  suc-
 31    cessors, and the final report prepared by the agency.
 32        (3)  An  inactive  investigatory record shall be disclosed unless the dis-
 33    closure would violate the provisions of subsection (1)(a) through (f) of  this
 34    section. Investigatory record as used herein means information with respect to
 35    an  identifiable  person  or  group  of  persons compiled by a law enforcement
 36    agency in the course of conducting an investigation of a specific act or omis-
 37    sion and shall not include the following information:
 38        (a)  The time, date, location, and nature and description  of  a  reported
 39        crime, accident or incident;
 40        (b)  The  name,  sex,  age,  and  address  of a person arrested, except as
 41        otherwise provided by law;
 42        (c)  The time, date, and location of the incident and of the arrest;
 43        (d)  The crime charged;
                                                                        
                                           2
                                                                        
  1        (e)  Documents given or  required  by  law  to  be  given  to  the  person
  2        arrested;
  3        (f)  Informations and indictments except as otherwise provided by law; and
  4        (g)  Criminal history reports.
  5        As  used herein, the term "law enforcement agency" means the office of the
  6    attorney general, the office of the state controller, the Idaho state  police,
  7    the  office  of  any prosecuting attorney, sheriff or municipal police depart-
  8    ment.
  9        (3)  Whenever it is made to appear by verified petition  to  the  district
 10    court  of  the county where the records or some part thereof are situated that
 11    certain investigative records are being improperly withheld from a  member  of
 12    the public, the court shall order the officer or person charged with withhold-
 13    ing  the  records  to  disclose  the investigative record or show cause why he
 14    should not do so. The court shall decide the case after examining  the  record
 15    in  camera, papers filed by the parties, and such oral argument and additional
 16    evidence as the court may allow.
 17        If the court finds that the public official's decision to  refuse  disclo-
 18    sure  is not justified, he shall order the public officials to make the record
 19    public. If the judge determines that the  public  official  was  justified  in
 20    refusing  to  make  the  record public, he shall return the item to the public
 21    official without disclosing its content with an order supporting the  decision
 22    refusing disclosure. Any person who fails to obey the order of the court shall
 23    be  cited  to show cause why he is not in contempt of court. The court may, in
 24    its discretion, award costs and fees to the prevailing party.
                                                                        
                                           3
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 130, As Amended
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECORDS EXEMPT FROM  DISCLOSURE;  AMENDING  SECTION  9-335,  IDAHO
  3        CODE,  TO CLARIFY THAT A MOTOR VEHICLE COLLISION REPORT IS NOT AN INVESTI-
  4        GATORY REPORT EXEMPT FROM DISCLOSURE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 2.  That Section 9-335, Idaho Code, be, and  the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        9-335.  EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
  9    any  statute  or  rule  of  court to the contrary, nothing in this chapter nor
 10    chapter 10, title 59, Idaho Code, shall be construed to require disclosure  of
 11    investigatory  records compiled for law enforcement purposes by a law enforce-
 12    ment agency, but such exemption from disclosure applies  only  to  the  extent
 13    that the production of such records would:
 14        (a)  Interfere with enforcement proceedings;
 15        (b)  Deprive a person of a right to a fair trial or an impartial adjudica-
 16        tion;
 17        (c)  Constitute an unwarranted invasion of personal privacy;
 18        (d)  Disclose  the identity of a confidential source and, in the case of a
 19        record compiled by a criminal law enforcement agency in the  course  of  a
 20        criminal  investigation,  confidential  information  furnished only by the
 21        confidential source;
 22        (e)  Disclose investigative techniques and procedures; or
 23        (f)  Endanger the life or physical safety of law enforcement personnel.
 24        A motor vehicle collision report is not an investigatory  record  and  any
 25    person involved in a motor vehicle collision investigated by a law enforcement
 26    agency,  that  person's  authorized legal representative, or insurance agency,
 27    shall have a right to a complete, unaltered copy of the final report  prepared
 28    by the agency.
 29        (2)  An  inactive  investigatory record shall be disclosed unless the dis-
 30    closure would violate the provisions of subsection (1)(a) through (f) of  this
 31    section. Investigatory record as used herein means information with respect to
 32    an  identifiable  person  or  group  of  persons compiled by a law enforcement
 33    agency in the course of conducting an investigation of a specific act or omis-
 34    sion and shall not include the following information:
 35        (a)  The time, date, location, and nature and description  of  a  reported
 36        crime, accident or incident;
 37        (b)  The  name,  sex,  age,  and  address  of a person arrested, except as
 38        otherwise provided by law;
 39        (c)  The time, date, and location of the incident and of the arrest;
 40        (d)  The crime charged;
 41        (e)  Documents given or  required  by  law  to  be  given  to  the  person
 42        arrested;
 43        (f)  Informations and indictments except as otherwise provided by law; and
 44        (g)  Criminal history reports.
 45        As  used herein, the term "law enforcement agency" means the office of the
 46    attorney general, the office of the state controller, the Idaho state  police,
                                                                        
                                           4
                                                                        
  1    the  office  of  any prosecuting attorney, sheriff or municipal police depart-
  2    ment.
  3        (3)  Whenever it is made to appear by verified petition  to  the  district
  4    court  of  the county where the records or some part thereof are situated that
  5    certain investigative records are being improperly withheld from a  member  of
  6    the public, the court shall order the officer or person charged with withhold-
  7    ing  the  records  to  disclose  the investigative record or show cause why he
  8    should not do so. The court shall decide the case after examining  the  record
  9    in  camera, papers filed by the parties, and such oral argument and additional
 10    evidence as the court may allow.
 11        If the court finds that the public official's decision to  refuse  disclo-
 12    sure  is not justified, he shall order the public officials to make the record
 13    public. If the judge determines that the  public  official  was  justified  in
 14    refusing  to  make  the  record public, he shall return the item to the public
 15    official without disclosing its content with an order supporting the  decision
 16    refusing disclosure. Any person who fails to obey the order of the court shall
 17    be  cited  to show cause why he is not in contempt of court. The court may, in
 18    its discretion, award costs and fees to the prevailing party.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14589

This legislation would allow those involved in a motor vehicle
accident one copy of the unredacted collision report, alleviating
the necessity to access the report with a court order.


                           FISCAL NOTE

The bill will have no fiscal note.



Contact
Name:  Representative Jim Clark 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                     H 130