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H0238......................................................by STATE AFFAIRS RECORDS EXEMPT FROM DISCLOSURE - Amends existing law relating to records exempt from disclosure to provide that certain records relating to academic research shall be exempt from disclosure. 02/17 House intro - 1st rdg - to printing 02/18 Rpt prt - to St Aff 03/04 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Field(18), 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, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker NAYS -- Eskridge Absent and excused -- Wills Floor Sponsor - Shirley Title apvd - to Senate 03/09 Senate intro - 1st rdg - to St Aff 03/22 Rpt out - rec d/p - to 2nd rdg 03/23 2nd rdg - to 3rd rdg 03/24 3rd rdg - PASSED - 28-6-0, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Sweet, Williams NAYS -- Burkett, Kelly, Langhorst, Marley, Stennett, Werk Absent and excused -- (District 21 seat vacant) Floor Sponsor - Little Title apvd - to House 03/24 To enrol 03/28 Rpt enrol - Sp signed 03/29 Pres signed 03/30 To Governor 04/05 Governor signed Session Law Chapter 276 Effective: 04/05/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 238 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340D, IDAHO 3 CODE, TO PROVIDE THAT CERTAIN RECORDS RELATING TO ACADEMIC RESEARCH SHALL 4 BE EXEMPT FROM DISCLOSURE AND TO MAKE A TECHNICAL CORRECTION; AND DECLAR- 5 ING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 9-340D, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION 10 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are 11 exempt from disclosure: 12 (1) Trade secrets including those contained in response to public agency 13 or independent public body corporate and politic requests for proposal, 14 requests for clarification, requests for information and similar requests. 15 "Trade secrets" as used in this section means information, including a for- 16 mula, pattern, compilation, program, computer program, device, method, tech- 17 nique, process, or unpublished or in progress research that: 18 (a) Derives independent economic value, actual or potential, from not 19 being generally known to, and not being readily ascertainable by proper 20 means by other persons who can obtain economic value from its disclosure 21 or use; and 22 (b) Is the subject of efforts that are reasonable under the circumstances 23 to maintain its secrecy. 24 (2) Production records, housing production, rental and financing records, 25 sale or purchase records, catch records, mortgage portfolio loan documents, or 26 similar business records of a private concern or enterprise required by law to 27 be submitted to or inspected by a public agency or submitted to or otherwise 28 obtained by an independent public body corporate and politic. Nothing in this 29 subsection shall limit the use which can be made of such information for regu- 30 latory purposes or its admissibility in any enforcement proceeding. 31 (3) Records relating to the appraisal of real property, timber or mineral 32 rights prior to its acquisition, sale or lease by a public agency or indepen- 33 dent public body corporate and politic. 34 (4) Any estimate prepared by a public agency or independent public body 35 corporate and politic that details the cost of a public project until such 36 time as disclosed or bids are opened, or upon award of the contract for con- 37 struction of the public project. 38 (5) Examination, operating or condition reports and all documents relat- 39 ing thereto, prepared by or supplied to any public agency or independent pub- 40 lic body corporate and politic responsible for the regulation or supervision 41 of financial institutions including, but not limited to, banks, savings and 42 loan associations, regulated lenders, business and industrial development cor- 43 porations, credit unions, and insurance companies, or for the regulation or 2 1 supervision of the issuance of securities. 2 (6) Records gathered by a local agency or the Idaho department of com- 3 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur- 4 pose of assisting a person to locate, maintain, invest in, or expand business 5 operations in the state of Idaho. 6 (7) Shipping and marketing records of commodity commissions used to eval- 7 uate marketing and advertising strategies and the names and addresses of grow- 8 ers and shippers maintained by commodity commissions. 9 (8) Financial statements and business information and reports submitted 10 by a legal entity to a port district organized under title 70, Idaho Code, in 11 connection with a business agreement, or with a development proposal or with a 12 financing application for any industrial, manufacturing, or other business 13 activity within a port district. 14 (9) Names and addresses of seed companies, seed crop growers, seed crop 15 consignees, locations of seed crop fields, variety name and acreage by vari- 16 ety. Upon the request of the owner of the proprietary variety, this informa- 17 tion shall be released to the owner. Provided however, that if a seed crop has 18 been identified as diseased or has been otherwise identified by the Idaho 19 department of agriculture, other state departments of agriculture, or the 20 United States department of agriculture to represent a threat to that particu- 21 lar seed or commercial crop industry or to individual growers, information as 22 to test results, location, acreage involved and disease symptoms of that par- 23 ticular seed crop, for that growing season, shall be available for public 24 inspection and copying. This exemption shall not supersede the provisions of 25 section 22-436, Idaho Code. 26 (10) Information obtained from books, records and accounts required in 27 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 28 rapeseed commission and pertaining to the individual production records of ca- 29 nola or rapeseed growers. 30 (11) Records of any risk retention or self-insurance program prepared in 31 anticipation of litigation or for analysis of or settlement of potential or 32 actual money damage claims against a public entity and its employees or 33 against the industrial special indemnity fund except as otherwise discoverable 34 under the Idaho or federal rules of civil procedure. These records shall 35 include, but are not limited to, claims evaluations, investigatory records, 36 computerized reports of losses, case reserves, internal documents and corre- 37 spondence relating thereto. At the time any claim is concluded, only statisti- 38 cal data and actual amounts paid in settlement shall be deemed a public record 39 unless otherwise ordered to be sealed by a court of competent jurisdiction. 40 Provided however, nothing in this subsection is intended to limit the attorney 41 client privilege or attorney work product privilege otherwise available to any 42 public agency or independent public body corporate and politic. 43 (12) Records of laboratory test results provided by or retained by the 44 Idaho food quality assurance laboratory. Nothing in this subsection shall 45 limit the use which can be made, or availability of such information if used, 46 for regulatory purposes or its admissibility in any enforcement proceeding. 47 (13) Reports required to be filed under chapter 13, title 62, Idaho Code, 48 identifying electrical or natural or manufactured gas consumption data for 49 an individual customer or account. 50 (14) Voluntarily prepared environmental audits, and voluntary disclosures 51 of information submitted on or before December 31, 1997, to an environmental 52 agency as defined in section 9-803, Idaho Code, which are claimed to be confi- 53 dential business information. 54 (15) Computer programs developed or purchased by or for any public agency 55 or independent public body corporate and politic for its own use. As used in 3 1 this subsection, "computer program" means a series of instructions or state- 2 ments which permit the functioning of a computer system in a manner designed 3 to provide storage, retrieval and manipulation of data from the computer sys- 4 tem, and any associated documentation and source material that explain how to 5 operate the computer program. Computer program does not include: 6 (a) The original data including, but not limited to, numbers, text, 7 voice, graphics and images; 8 (b) Analysis, compilation and other manipulated forms of the original 9 data produced by use of the program; or 10 (c) The mathematical or statistical formulas that would be used if the 11 manipulated forms of the original data were to be produced manually. 12 (16) Active investigative records and trademark usage audits of the Idaho 13 potato commission specifically relating to the enforcement of chapter 12, 14 title 22, Idaho Code, until the commencement of formal proceedings as provided 15 by rules of the commission; purchase and sales information submitted to the 16 Idaho potato commission during a trademark usage audit, and investigation or 17 enforcement proceedings. Inactive investigatory records shall be disclosed 18 unless the disclosure would violate the standards set forth in subsections 19 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection 20 shall limit the use which can be made, or availability of such information if 21 used, for regulatory purposes or its admissibility in any enforcement proceed- 22 ing. 23 (17) All records copied or obtained by the director of the department of 24 agriculture or his designee as a result of an inspection pursuant to section 25 25-3806, Idaho Code, except: 26 (a) Records otherwise deemed to be public records not exempt from disclo- 27 sure pursuant to this chapter; and 28 (b) Inspection reports, determinations of compliance or noncompliance and 29 all other records created by the director or his designee pursuant to sec- 30 tion 25-3806, Idaho Code. 31 (18) All data and information collected by the division of animal indus- 32 tries or the state brand board pursuant to the provisions of section 25-207B, 33 Idaho Code, or rules promulgated thereunder. 34 (1 89) Records disclosed to a county official by the state tax commission 35 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code. 36 (20) Records, data, information and materials collected, developed, gener- 37 ated, ascertained or discovered during the course of academic research at pub- 38 lic institutions of higher education if the disclosure of such could reason- 39 ably affect the conduct or outcome of the research, or the ability of the pub- 40 lic institution of higher education to patent or copyright the research or 41 protect intellectual property. 42 (21) Records, data, information and materials collected or utilized during 43 the course of academic research at public institutions of higher education 44 provided by any person or entity other than the public institution of higher 45 education or a public agency. 46 (22) The exemptions from disclosure provided in subsections (20) and (21) 47 of this section shall apply only until the academic research is publicly 48 released, copyrighted or patented, or until the academic research is completed 49 or terminated. At such time, the records, data, information, and materials 50 shall be subject to public disclosure unless: (a) another exemption in this 51 chapter applies; (b) such information was provided to the institution subject 52 to a written agreement of confidentiality; or (c) public disclosure would pose 53 a danger to persons or property. 54 (23) The exemptions from disclosure provided in subsections (20) and (21) 55 of this section do not include basic information about a particular research 4 1 project that is otherwise subject to public disclosure, such as the nature of 2 the academic research, the name of the researcher, and the amount and source 3 of the funding provided for the project. 4 SECTION 2. An emergency existing therefor, which emergency is hereby 5 declared to exist, this act shall be in full force and effect on and after its 6 passage and approval.
STATEMENT OF PURPOSE RS 15002C1 The purpose of the bill is two-fold: protect research in the development stage, and to protect the identity of the participants. Once the research is completed, the results will be made available to the public. FISCAL NOTE There is no fiscal impact to the General Fund. Contact Name: Martin Peterson, University of Idaho Phone: 208-364-4033 Name: Representative Mack Shirley Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 238