2005 Legislation
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HOUSE BILL NO. 238 – Academic research records


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Bill Status

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

Bill Text

  ]]]]              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
  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:
 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
  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
  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        (189) 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
  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 / Fiscal Impact

                       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.

Name:  Martin Peterson, University of Idaho 
Phone: 208-364-4033
Name:  Representative Mack Shirley
Phone: 208-332-1000