2006 Legislation
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HOUSE BILL NO. 570 – Public records, applicant defined

HOUSE BILL NO. 570

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Bill Status



H0570aa....................................................by STATE AFFAIRS
PUBLIC RECORDS - Amends existing law relating to public records to define
"applicant"; to provide that names of applicants to classified or merit
system positions shall not be disclosed without written consent; to provide
that the names of the five final applicants to all other positions may be
released; and to provide for release of names if there are less than five
applicants.
                                                                        
02/07    House intro - 1st rdg - to printing
98/08    Rpt prt - to St Aff
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/22    Ret'd to St Aff
03/15    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/16    Rpt engros - 1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/22    3rd rdg as amen - PASSED - 63-0-7
      AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
      Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, 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, Wills, Wood
      NAYS -- None
      Absent and excused -- Anderson, Crow, Eskridge, Hart, McGeachin,
      McKague, Mr. Speaker
    Floor Sponsor - Bolz
    Title apvd - to Senate
03/23    Senate intro - 1st rdg - to St Aff
03/30    Rpt out - rec d/p - to 2nd rdg
03/31    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 30-0-5
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Corder, Darrington, Fulcher, Gannon,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
      Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Compton, Davis, Geddes, Marley, Sweet
    Floor Sponsor - Malepeai
    Title apvd - to House
04/03    To enrol
04/04    Rpt enrol - Sp signed - Pres signed - To Governor
04/07    Governor signed
         Session Law Chapter 352
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 570
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION  9-337,  IDAHO  CODE,  TO  DEFINE
  3        "APPLICANT"  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9-340B,
  4        IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING  SECTION  9-340C,
  5        IDAHO  CODE, TO PROVIDE THAT AN APPLICANT'S NAME SHALL BE DISCLOSED TO THE
  6        PUBLIC ONLY UNDER CERTAIN CONDITIONS; AND AMENDING SECTION 67-5241,  IDAHO
  7        CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  9-337,  Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        9-337.  DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
 12        (1)  "Applicant" means any person formally seeking  a  paid  or  volunteer
 13    position with a public agency. "Applicant" does not include any person seeking
 14    appointment to a position normally filled by election.
 15        (2)  "Copy"  means  transcribing by handwriting, photocopying, duplicating
 16    machine and reproducing by any other means so long as the public record is not
 17    altered or damaged.
 18        (23)  "Custodian" means the person having personal custody and control  of
 19    the  public  records in question. If no such designation is made by the public
 20    agency or independent public body corporate and politic, then custodian  means
 21    any  public  official  having  custody of, control of, or authorized access to
 22    public records and includes all delegates of such officials, employees or rep-
 23    resentatives.
 24        (34)  "Independent public body corporate  and  politic"  means  the  Idaho
 25    housing  and  finance  association  as  created in chapter 62, title 67, Idaho
 26    Code.
 27        (45)  "Inspect" means the right to listen, view and make notes  of  public
 28    records as long as the public record is not altered or damaged.
 29        (56)  "Investigatory  record" means information with respect to an identi-
 30    fiable person, group of persons or entities compiled by  a  public  agency  or
 31    independent  public  body  corporate  and  politic  pursuant  to its statutory
 32    authority in the course of investigating a specific act, omission, failure  to
 33    act,  or other conduct over which the public agency or independent public body
 34    corporate and politic has regulatory authority or law enforcement authority.
 35        (67)  "Law enforcement agency" means any state or local agency  given  law
 36    enforcement  powers  or which has authority to investigate, enforce, prosecute
 37    or punish violations of state or federal criminal statutes, ordinances or reg-
 38    ulations.
 39        (78)  "Local agency" means a county, city, school district, municipal cor-
 40    poration, district, public health district,  political  subdivision,   or  any
 41    agency  thereof,  or  any  committee  of  a  local  agency, or any combination
 42    thereof.
 43        (89)  "Person" means any natural person, corporation,  partnership,  firm,
                                                                        
                                           2
                                                                        
  1    association,  joint  venture,  state  or  local agency or any other recognized
  2    legal entity.
  3        (910) "Prisoner" means a person who has been convicted of a crime  and  is
  4    either  incarcerated  or on parole for that crime or who is being held in cus-
  5    tody for trial or sentencing.
  6        (911) "Public agency" means any state or local agency as defined  in  this
  7    section.
  8        (102) "Public  official" means any state, county, local district, indepen-
  9    dent public body corporate and politic or governmental official  or  employee,
 10    whether elected, appointed or hired.
 11        (113) "Public  record"  includes,  but is not limited to, any writing con-
 12    taining information relating to the conduct or administration of the  public's
 13    business  prepared,   owned, used or retained by any state agency, independent
 14    public body corporate and politic or local agency regardless of physical  form
 15    or characteristics.
 16        (124) "State  agency"  means  every  state  officer, department, division,
 17    bureau, commission and board or any committee  of  a  state  agency  including
 18    those in the legislative or judicial branch, except the state militia.
 19        (135) "Writing" includes, but is not limited to, handwriting, typewriting,
 20    printing,  photostating, photographing and every means of recording, including
 21    letters, words, pictures, sounds or symbols or combination  thereof,  and  all
 22    papers, maps, magnetic or paper tapes, photographic films and prints, magnetic
 23    or punched cards, discs, drums or other documents.
                                                                        
 24        SECTION  2.  That  Section  9-340B, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 27    TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY  RESPONSE  PLANS,  WOR-
 28    KER'S COMPENSATION. The following records are exempt from disclosure:
 29        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 30    tion  9-337(67),  Idaho Code, under the conditions set forth in section 9-335,
 31    Idaho Code.
 32        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
 33    20, Idaho Code, except that facts contained in such records shall be furnished
 34    upon  request  in a manner determined by the court to persons and governmental
 35    and private agencies and institutions conducting pertinent research studies or
 36    having a legitimate interest in the protection, welfare and treatment  of  the
 37    juvenile  who  is  thirteen  (13)  years of age or younger. If the juvenile is
 38    petitioned or charged with  an offense which would be a  criminal  offense  if
 39    committed  by an adult, the name, offense of which the juvenile was petitioned
 40    or charged and disposition of the court shall be subject to disclosure as pro-
 41    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
 42    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
 43    be furnished upon request  to  any  school  district  where  the  juvenile  is
 44    enrolled or is seeking enrollment.
 45        (3)  Records  of the custody review board of the Idaho department of juve-
 46    nile corrections, including records containing the names, addresses and  writ-
 47    ten  statements  of  victims  and family members of juveniles, shall be exempt
 48    from public disclosure pursuant to section 20-533A, Idaho Code.
 49        (4)  (a) The following records of the department of correction:
 50             (i)   Records of which the public interest in confidentiality, public
 51             safety, security and habilitation clearly outweighs the public inter-
 52             est in disclosure as identified pursuant  to  the  authority  of  the
 53             Idaho board of correction under section 20-212, Idaho Code;
                                                                        
                                           3
                                                                        
  1             (ii)  Records that contain any identifying information, or any infor-
  2             mation  that  would lead to the identification of any victims or wit-
  3             nesses;
  4             (iii) Records that reflect future transportation  or  movement  of  a
  5             prisoner;
  6             (iv)  Records  gathered during the course of the presentence investi-
  7             gation;
  8             (v)   Records of a prisoner, as defined in section 9-337(910),  Idaho
  9             Code,  or probationer shall not be disclosed to any other prisoner or
 10             probationer.
 11        (b)  Records of buildings, facilities, infrastructures and systems held by
 12        or in the custody of any public agency only when the  disclosure  of  such
 13        information  would  jeopardize the safety of persons or the public safety.
 14        Such records may include emergency evacuation, escape or  other  emergency
 15        response plans, vulnerability assessments, operation and security manuals,
 16        plans, blueprints or security codes. For purposes of this section "system"
 17        shall mean electrical, heating, ventilation, air conditioning and telecom-
 18        munication systems.
 19        (c)  Records  of the commission of pardons and parole shall be exempt from
 20        public disclosure pursuant to section 20-213A,  Idaho  Code,  and  section
 21        20-223,  Idaho  Code.  Records  exempt  from disclosure shall also include
 22        those containing the names, addresses and written statements of victims.
 23        (5)  Voting records of the sexual offender classification board. In accor-
 24    dance with section 18-8315, Idaho Code, the written  record  of  the  vote  to
 25    classify an offender as a violent sexual predator by each board member in each
 26    case reviewed by that board member shall be exempt from disclosure to the pub-
 27    lic  and shall be made available upon request only to the governor, the chair-
 28    man of the senate judiciary and rules committee, and the chairman of the house
 29    of representatives judiciary, rules and administration committee, for all law-
 30    ful purposes.
 31        (6)  Records of the sheriff or Idaho state police received  or  maintained
 32    pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
 33        (7)  Records  of  investigations  prepared by the department of health and
 34    welfare pursuant to its statutory responsibilities dealing with the protection
 35    of children, the rehabilitation of youth, adoptions and the commitment of men-
 36    tally ill persons.
 37        (8)  Records including, but not limited to, investigative reports, result-
 38    ing from investigations conducted into complaints of  discrimination  made  to
 39    the  Idaho  human  rights  commission  unless  the public interest in allowing
 40    inspection and copying of such records outweighs the legitimate public or pri-
 41    vate interest in maintaining confidentiality of such  records.  A  person  may
 42    inspect  and copy documents from an investigative file to which he or she is a
 43    named party if such documents are not otherwise prohibited from disclosure  by
 44    federal law or regulation or state law. The confidentiality of this subsection
 45    will  no longer apply to any record used in any judicial proceeding brought by
 46    a named party to the complaint or investigation, or by the Idaho human  rights
 47    commission, relating to the complaint of discrimination.
 48        (9)  Records  containing  information obtained by the manager of the Idaho
 49    state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or  on
 50    behalf of employers or employees contained in underwriting and claims for ben-
 51    efits files.
 52        (10) The  worker's compensation records of the Idaho industrial commission
 53    provided that the industrial commission shall make such records available:
 54        (a)  To the parties in any worker's compensation claim and to  the  indus-
 55        trial special indemnity fund of the state of Idaho; or
                                                                        
                                           4
                                                                        
  1        (b)  To  employers  and prospective employers subject to the provisions of
  2        the Americans with disabilities act, 42 U.S.C. 12112, or  other  statutory
  3        limitations,  who  certify  that  the  information is being requested with
  4        respect to a worker to whom the employer has extended an offer of  employ-
  5        ment  and  will be used in accordance with the provisions of the Americans
  6        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
  7        (c)  To employers and prospective employers not subject to the  provisions
  8        of  the  Americans with disabilities act, 42 U.S.C. 12112, or other statu-
  9        tory limitations, provided the employer presents a  written  authorization
 10        from the person to whom the records pertain; or
 11        (d)  To  others  who  demonstrate  that  the  public  interest in allowing
 12        inspection and copying of such records outweighs  the  public  or  private
 13        interest in maintaining the confidentiality of such records, as determined
 14        by a civil court of competent jurisdiction; or
 15        (e)  Although  a  claimant's  records maintained by the industrial commis-
 16        sion, including medical and rehabilitation records, are  otherwise  exempt
 17        from  public disclosure, the quoting or discussing of medical or rehabili-
 18        tation records contained in the industrial commission's records  during  a
 19        hearing for compensation or in a written decision issued by the industrial
 20        commission  shall  be permitted; provided further, the true identification
 21        of the parties shall not be exempt from public disclosure in  any  written
 22        decision issued and released to the public by the industrial commission.
 23        (11) Records of investigations compiled by the commission on aging involv-
 24    ing  vulnerable  adults, as defined in section 18-1505, Idaho Code, alleged to
 25    be abused, neglected or exploited.
 26        (12) Criminal history records and  fingerprints,  as  defined  by  section
 27    67-3001,  Idaho  Code,  and  compiled  by the Idaho state police. Such records
 28    shall be released only in accordance with chapter 30, title 67, Idaho Code.
 29        (13) Records furnished or obtained  pursuant  to  section  41-1019,  Idaho
 30    Code,  regarding  termination of an appointment, employment, contract or other
 31    insurance business relationship between an insurer and a producer.
 32        (14) Records of a prisoner or former prisoner in the custody of any  state
 33    or  local  correctional facility, when the request is made by another prisoner
 34    in the custody of any state or local correctional facility.
 35        (15) Except as provided in section 72-1007, Idaho  Code,  records  of  the
 36    Idaho  industrial  commission relating to compensation for crime victims under
 37    chapter 10, title 72, Idaho Code.
                                                                        
 38        SECTION 3.  That Section 9-340C, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:
                                                                        
 40        9-340C.  RECORDS  EXEMPT  FROM  DISCLOSURE  -- PERSONNEL RECORDS, PERSONAL
 41    INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE.  The  following  records
 42    are exempt from disclosure:
 43        (1)  Except  as  provided  in  this subsection, all personnel records of a
 44    current or former public official other than the public official's public ser-
 45    vice or employment history, classification, pay  grade  and  step,  longevity,
 46    gross  salary  and salary history, status, workplace and employing agency. All
 47    other personnel information relating to a public employee or applicant includ-
 48    ing, but not limited to, information  regarding  sex,  race,  marital  status,
 49    birth  date,  home  address  and  telephone  number, applications, testing and
 50    scoring materials, grievances,  correspondence  and  performance  evaluations,
 51    shall  not  be  disclosed  to the public without the employee's or applicant's
 52    written consent. An applicant's name shall not  be  disclosed  to  the  public
 53    without  the  applicant's written consent unless such disclosure is part of an
                                                                        
                                           5
                                                                        
  1    established hiring process. A public official or authorized representative may
  2    inspect and copy his personnel records, except for material used to screen and
  3    test for employment.
  4        (2)  Retired employees' and retired public officials' home addresses, home
  5    telephone numbers and other financial  and  nonfinancial  membership  records;
  6    active and inactive member financial and membership records and mortgage port-
  7    folio  loan  documents  maintained  by  the public employee retirement system.
  8    Financial statements prepared by retirement system staff, funding  agents  and
  9    custodians  concerning the investment of assets of the public employee retire-
 10    ment system of Idaho are not considered confidential under this chapter.
 11        (3)  Information and records submitted to the Idaho state lottery for  the
 12    performance  of  background investigations of employees, lottery retailers and
 13    major procurement contractors; audit records of lottery retailers, vendors and
 14    major procurement contractors submitted to or performed  by  the  Idaho  state
 15    lottery; validation and security tests of the state lottery for lottery games;
 16    business records and information submitted pursuant to sections 67-7412(8) and
 17    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
 18    obtained and held for the  purposes  of  lottery  security  and  investigative
 19    action as determined by lottery rules unless the public interest in disclosure
 20    substantially  outweighs  the  private need for protection from public disclo-
 21    sure.
 22        (4)  Records of a personal nature as follows:
 23        (a)  Records of personal debt filed with a public  agency  or  independent
 24        public body corporate and politic pursuant to law;
 25        (b)  Personal bank records compiled by a public depositor for the purpose
 26        of public funds transactions conducted pursuant to law;
 27        (c)  Records  of  ownership  of financial obligations and instruments of a
 28        public agency or independent public body corporate and  politic,  such  as
 29        bonds,  compiled by the public agency or independent public body corporate
 30        and politic pursuant to law;
 31        (d)  Records, with regard to the ownership of, or security  interests  in,
 32        registered public obligations;
 33        (e)  Vital statistics records; and
 34        (f)  Military  records  as  described  in  and pursuant to section 65-301,
 35        Idaho Code.
 36        (5)  Information in an income or other tax return  measured  by  items  of
 37    income  or  sales,  which  is  gathered  by a public agency for the purpose of
 38    administering the tax, except such information to the extent  disclosed  in  a
 39    written  decision  of  the  tax commission pursuant to a taxpayer protest of a
 40    deficiency determination by the tax commission, under the provisions  of  sec-
 41    tion 63-3045B, Idaho Code.
 42        (6)  Records  of  a  personal nature related directly or indirectly to the
 43    application for and provision of statutory services rendered to persons apply-
 44    ing for public care for the elderly, indigent, or mentally or physically hand-
 45    icapped, or participation in an environmental or a public health  study,  pro-
 46    vided  the provisions of this subsection making records exempt from disclosure
 47    shall not apply to the extent that such records or  information  contained  in
 48    those  records  are  necessary for a background check on an individual that is
 49    required by federal law regulating the sale of firearms, guns or ammunition.
 50        (7)  Employment security information and  unemployment  insurance  benefit
 51    information,  except that all interested parties may agree to waive the exemp-
 52    tion.
 53        (8)  Any personal records, other than names, business addresses and  busi-
 54    ness  phone  numbers,  such as parentage, race, religion, sex, height, weight,
 55    tax identification and social security numbers,  financial  worth  or  medical
                                                                        
                                           6
                                                                        
  1    condition  submitted to any public agency or independent public body corporate
  2    and politic pursuant to a statutory requirement for licensing,  certification,
  3    permit or bonding.
  4        (9)  Unless  otherwise  provided  by  agency rule, information obtained as
  5    part of an inquiry into a person's fitness to be granted or retain a  license,
  6    certificate,  permit,  privilege,  commission or position, private association
  7    peer review committee records authorized in title 54, Idaho Code.  Any  agency
  8    which  has records exempt from disclosure under the provisions of this subsec-
  9    tion shall annually make available a statistical summary  of  the  number  and
 10    types of matters considered and their disposition.
 11        (10) The records, findings, determinations and decisions of any prelitiga-
 12    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 13        (11) Complaints  received  by the board of medicine and investigations and
 14    informal proceedings, including informal proceedings of any committee  of  the
 15    board  of  medicine,  pursuant  to chapter 18, title 54, Idaho Code, and rules
 16    adopted thereunder.
 17        (12) Records of the department of health and welfare or  a  public  health
 18    district that identify a person infected with a reportable disease.
 19        (13) Records  of  hospital care, medical records, including prescriptions,
 20    drug orders, records or any other prescription information  that  specifically
 21    identifies an individual patient, prescription records maintained by the board
 22    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
 23    treatment and professional counseling records relating to an individual's con-
 24    dition, diagnosis, care or treatment, provided the provisions  of this subsec-
 25    tion  making records exempt from disclosure shall not apply to the extent that
 26    such records or information contained in those records  are  necessary  for  a
 27    background  check  on an individual that is required by federal law regulating
 28    the sale of firearms, guns or ammunition.
 29        (14) Information collected pursuant to the directory  of  new  hires  act,
 30    chapter 16, title 72, Idaho Code.
 31        (15) Personal  information  contained  in motor vehicle and driver records
 32    that is exempt from disclosure under the provisions of chapter  2,  title  49,
 33    Idaho Code.
 34        (16) Records  of  the financial status of prisoners pursuant to subsection
 35    (2) of section 20-607, Idaho Code.
 36        (17) Records of  the  Idaho  state  police  or  department  of  correction
 37    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 38    DNA databases and databanks.
 39        (18) Records of the department of health and welfare relating to a survey,
 40    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 41    exempt  from disclosure. Such records shall, however, be subject to disclosure
 42    as public records as soon as the facility in question has received the report,
 43    and no later than the fourteenth day following the  date  that  department  of
 44    health  and  welfare  representatives officially exit the facility pursuant to
 45    federal regulations. Provided however, that for purposes  of  confidentiality,
 46    no  record  shall be released under this section which specifically identifies
 47    any nursing facility resident.
 48        (19) Records and information contained in the  registry  of  immunizations
 49    against childhood diseases maintained in the department of health and welfare,
 50    including  information disseminated to others from the registry by the depart-
 51    ment of health and welfare.
 52        (20) Records of the Idaho housing and finance association (IHFA)  relating
 53    to the following:
 54        (a)  Records containing personal financial, family, health or similar per-
 55        sonal information submitted to or otherwise obtained by the IHFA;
                                                                        
                                           7
                                                                        
  1        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
  2        obtaining  and  servicing  mortgage  loans and all records relating to the
  3        review, approval or rejection by the IHFA of said loans;
  4        (c)  Mortgage portfolio loan documents;
  5        (d)  Records of a current or former employee  other  than  the  employee's
  6        duration of employment with the association, position held and location of
  7        employment.  This exemption from disclosure does not include the contracts
  8        of employment or any remuneration, including reimbursement of expenses, of
  9        the executive director, executive officers or commissioners of the associ-
 10        ation. All other personnel information relating to an association employee
 11        or applicant including, but not limited  to,  information  regarding  sex,
 12        race,  marital  status,  birth  date,  home  address and telephone number,
 13        applications, testing and scoring materials,  grievances,  correspondence,
 14        retirement plan information and performance evaluations, shall not be dis-
 15        closed  to  the  public without the employee's or applicant's written con-
 16        sent. An employee or authorized representative may inspect and  copy  that
 17        employee's  personnel records, except for material used to screen and test
 18        for employment or material not subject  to  disclosure  elsewhere  in  the
 19        Idaho public records act.
 20        (21) Records of the department of health and welfare related to child sup-
 21    port  services in cases in which there is reasonable evidence of domestic vio-
 22    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
 23    locate any individuals in the child support case except in response to a court
 24    order.
 25        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
 26    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
 27    authorizes  the  release  pursuant to subsection (4) of section 54-4901, Idaho
 28    Code.
 29        (23) Records and information contained in the trauma registry  created  by
 30    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 31    pilations created from such information and records.
 32        (24) Records  contained  in  the court files, or other records prepared as
 33    part of proceedings for judicial  authorization  of  sterilization  procedures
 34    pursuant to chapter 39, title 39, Idaho Code.
 35        (25) The  physical  voter  registration card on file in the county clerk's
 36    office; however, a redacted copy of said card shall be made available  consis-
 37    tent  with the requirements of this section. Information from the voter regis-
 38    tration card maintained in the statewide voter registration database,  includ-
 39    ing  age,  will be made available except for the voter's driver's license num-
 40    ber, date of birth and, upon showing of good cause by the voter to the  county
 41    clerk in consultation with the county prosecuting attorney, the physical resi-
 42    dence  address  of  the  voter. For the purposes of this subsection good cause
 43    shall include the protection of life and property and protection of victims of
 44    domestic violence and similar crimes.
                                                                        
 45        SECTION 4.  That Section 67-5241, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        67-5241.  INFORMAL  DISPOSITION. (1) Unless prohibited by other provisions
 48    of law:
 49        (a)  an agency or a presiding officer may decline to initiate a  contested
 50        case;
 51        (b)  any part of the evidence in a contested case may be received in writ-
 52        ten  form  if  doing  so  will  expedite  the  case  without substantially
 53        prejudicing the interests of any party;
                                                                        
                                           8
                                                                        
  1        (c)  informal disposition may be made of any contested  case  by  negotia-
  2        tion,  stipulation, agreed settlement, or consent order.  Informal settle-
  3        ment of matters is to be encouraged;
  4        (d)  the parties may stipulate as to the facts,  reserving  the  right  to
  5        appeal to a court of competent jurisdiction on issues of law.
  6        (2)  An agency or a presiding officer may request such additional informa-
  7    tion  as  required to decide whether to initiate or to decide a contested case
  8    as provided in subsection (1) of this section.
  9        (3)  If an agency or a presiding officer declines to initiate or decide  a
 10    contested case under the provisions of this section, the agency or the officer
 11    shall furnish a brief statement of the reasons for the decision to all persons
 12    involved.  This  subsection  does  not  apply  to  investigations or inquiries
 13    directed to or performed  by  law  enforcement  agencies  defined  in  section
 14    9-337(67), Idaho Code.
 15        (4)  The  agency may not abdicate its responsibility for any informal dis-
 16    position of a contested case. Disposition of a contested case as  provided  in
 17    this section is a final agency action.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved by    Stevenson           
                                                                        
                                                     Seconded by Smylie              
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 570
                                                                        
  1                               AMENDMENTS TO SECTION 3
  2        On page 4 of the printed bill, delete lines 52 and  53,  and  on  page  5,
  3    delete  line 1 and insert: "written consent. Names of applicants to classified
  4    or merit system positions shall not be disclosed to  the  public  without  the
  5    applicant's written consent. Disclosure of names as part of a background check
  6    is  permitted.  Names  of the five (5) final applicants to all other positions
  7    shall be available to the  public.  If  such  group  is  less  than  five  (5)
  8    finalists,  then  the entire list of applicants shall be available to the pub-
  9    lic. A public official or authorized representative may".
                                                                        
 10                                 CORRECTION TO TITLE
 11        On page 1, in line 5, delete "AN APPLICANT'S NAME SHALL  BE  DISCLOSED  TO
 12    THE" and delete line 6 and insert: "NAMES OF APPLICANTS TO CLASSIFIED OR MERIT
 13    SYSTEM  POSITIONS SHALL NOT BE DISCLOSED WITHOUT WRITTEN CONSENT OF THE APPLI-
 14    CANT, TO PROVIDE THAT THE NAMES OF THE FIVE  FINAL  APPLICANTS  TO  ALL  OTHER
 15    POSITIONS  SHALL  BE AVAILABLE TO THE PUBLIC AND TO PROVIDE FOR RELEASE TO THE
 16    PUBLIC  IF THERE ARE LESS THAN FIVE APPLICANTS; AND AMENDING SECTION  67-5241,
 17    IDAHO".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 570, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION  9-337,  IDAHO  CODE,  TO  DEFINE
  3        "APPLICANT"  AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9-340B,
  4        IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING  SECTION  9-340C,
  5        IDAHO  CODE,  TO  PROVIDE  THAT NAMES OF APPLICANTS TO CLASSIFIED OR MERIT
  6        SYSTEM POSITIONS SHALL NOT BE DISCLOSED WITHOUT  WRITTEN  CONSENT  OF  THE
  7        APPLICANT,  TO  PROVIDE THAT THE NAMES OF THE FIVE FINAL APPLICANTS TO ALL
  8        OTHER POSITIONS SHALL BE AVAILABLE  TO  THE  PUBLIC  AND  TO  PROVIDE  FOR
  9        RELEASE  TO THE PUBLIC  IF THERE ARE LESS THAN FIVE APPLICANTS; AND AMEND-
 10        ING SECTION 67-5241, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 9-337, Idaho Code, be, and  the  same  is  hereby
 13    amended to read as follows:
                                                                        
 14        9-337.  DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
 15        (1)  "Applicant"  means  any  person  formally seeking a paid or volunteer
 16    position with a public agency. "Applicant" does not include any person seeking
 17    appointment to a position normally filled by election.
 18        (2)  "Copy" means transcribing by handwriting,  photocopying,  duplicating
 19    machine and reproducing by any other means so long as the public record is not
 20    altered or damaged.
 21        (23)  "Custodian"  means the person having personal custody and control of
 22    the public records in question. If no such designation is made by  the  public
 23    agency  or independent public body corporate and politic, then custodian means
 24    any public official having custody of, control of,  or  authorized  access  to
 25    public records and includes all delegates of such officials, employees or rep-
 26    resentatives.
 27        (34)  "Independent  public  body  corporate  and  politic" means the Idaho
 28    housing and finance association as created in  chapter  62,  title  67,  Idaho
 29    Code.
 30        (45)  "Inspect"  means  the right to listen, view and make notes of public
 31    records as long as the public record is not altered or damaged.
 32        (56)  "Investigatory record" means information with respect to an  identi-
 33    fiable  person,  group  of  persons or entities compiled by a public agency or
 34    independent public body  corporate  and  politic  pursuant  to  its  statutory
 35    authority  in the course of investigating a specific act, omission, failure to
 36    act, or other conduct over which the public agency or independent public  body
 37    corporate and politic has regulatory authority or law enforcement authority.
 38        (67)  "Law  enforcement  agency" means any state or local agency given law
 39    enforcement powers or which has authority to investigate,  enforce,  prosecute
 40    or punish violations of state or federal criminal statutes, ordinances or reg-
 41    ulations.
 42        (78)  "Local agency" means a county, city, school district, municipal cor-
 43    poration,  district,  public  health  district, political subdivision,  or any
                                                                        
                                           2
                                                                        
  1    agency thereof, or any  committee  of  a  local  agency,  or  any  combination
  2    thereof.
  3        (89)  "Person"  means  any natural person, corporation, partnership, firm,
  4    association, joint venture, state or local  agency  or  any  other  recognized
  5    legal entity.
  6        (910) "Prisoner"  means  a person who has been convicted of a crime and is
  7    either incarcerated or on parole for that crime or who is being held  in  cus-
  8    tody for trial or sentencing.
  9        (911) "Public  agency"  means any state or local agency as defined in this
 10    section.
 11        (102) "Public official" means any state, county, local district,  indepen-
 12    dent  public  body corporate and politic or governmental official or employee,
 13    whether elected, appointed or hired.
 14        (113) "Public record" includes, but is not limited to,  any  writing  con-
 15    taining  information relating to the conduct or administration of the public's
 16    business prepared,  owned, used or retained by any state  agency,  independent
 17    public  body corporate and politic or local agency regardless of physical form
 18    or characteristics.
 19        (124) "State agency" means  every  state  officer,  department,  division,
 20    bureau,  commission  and  board  or  any committee of a state agency including
 21    those in the legislative or judicial branch, except the state militia.
 22        (135) "Writing" includes, but is not limited to, handwriting, typewriting,
 23    printing, photostating, photographing and every means of recording,  including
 24    letters,  words,  pictures,  sounds or symbols or combination thereof, and all
 25    papers, maps, magnetic or paper tapes, photographic films and prints, magnetic
 26    or punched cards, discs, drums or other documents.
                                                                        
 27        SECTION 2.  That Section 9-340B, Idaho Code, be, and the  same  is  hereby
 28    amended to read as follows:
                                                                        
 29        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 30    TIGATORY  RECORDS  OF  AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR-
 31    KER'S COMPENSATION. The following records are exempt from disclosure:
 32        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 33    tion 9-337(67), Idaho Code, under the conditions set forth in  section  9-335,
 34    Idaho Code.
 35        (2)  Juvenile  records of a person maintained pursuant to chapter 5, title
 36    20, Idaho Code, except that facts contained in such records shall be furnished
 37    upon request in a manner determined by the court to persons  and  governmental
 38    and private agencies and institutions conducting pertinent research studies or
 39    having  a  legitimate interest in the protection, welfare and treatment of the
 40    juvenile who is thirteen (13) years of age or  younger.  If  the  juvenile  is
 41    petitioned  or  charged  with  an offense which would be a criminal offense if
 42    committed by an adult, the name, offense of which the juvenile was  petitioned
 43    or charged and disposition of the court shall be subject to disclosure as pro-
 44    vided  in  section  20-525,  Idaho  Code. Additionally, facts contained in any
 45    records of a juvenile maintained under chapter 5, title 20, Idaho Code,  shall
 46    be  furnished  upon  request  to  any  school  district  where the juvenile is
 47    enrolled or is seeking enrollment.
 48        (3)  Records of the custody review board of the Idaho department of  juve-
 49    nile  corrections, including records containing the names, addresses and writ-
 50    ten statements of victims and family members of  juveniles,  shall  be  exempt
 51    from public disclosure pursuant to section 20-533A, Idaho Code.
 52        (4)  (a) The following records of the department of correction:
 53             (i)   Records of which the public interest in confidentiality, public
                                                                        
                                           3
                                                                        
  1             safety, security and habilitation clearly outweighs the public inter-
  2             est  in  disclosure  as  identified  pursuant to the authority of the
  3             Idaho board of correction under section 20-212, Idaho Code;
  4             (ii)  Records that contain any identifying information, or any infor-
  5             mation that would lead to the identification of any victims  or  wit-
  6             nesses;
  7             (iii) Records  that  reflect  future  transportation or movement of a
  8             prisoner;
  9             (iv)  Records gathered during the course of the presentence  investi-
 10             gation;
 11             (v)   Records  of a prisoner, as defined in section 9-337(910), Idaho
 12             Code, or probationer shall not be disclosed to any other prisoner  or
 13             probationer.
 14        (b)  Records of buildings, facilities, infrastructures and systems held by
 15        or  in  the  custody of any public agency only when the disclosure of such
 16        information would jeopardize the safety of persons or the  public  safety.
 17        Such  records  may include emergency evacuation, escape or other emergency
 18        response plans, vulnerability assessments, operation and security manuals,
 19        plans, blueprints or security codes. For purposes of this section "system"
 20        shall mean electrical, heating, ventilation, air conditioning and telecom-
 21        munication systems.
 22        (c)  Records of the commission of pardons and parole shall be exempt  from
 23        public  disclosure  pursuant  to  section 20-213A, Idaho Code, and section
 24        20-223, Idaho Code. Records exempt  from  disclosure  shall  also  include
 25        those containing the names, addresses and written statements of victims.
 26        (5)  Voting records of the sexual offender classification board. In accor-
 27    dance  with  section  18-8315,  Idaho  Code, the written record of the vote to
 28    classify an offender as a violent sexual predator by each board member in each
 29    case reviewed by that board member shall be exempt from disclosure to the pub-
 30    lic and shall be made available upon request only to the governor, the  chair-
 31    man of the senate judiciary and rules committee, and the chairman of the house
 32    of representatives judiciary, rules and administration committee, for all law-
 33    ful purposes.
 34        (6)  Records  of  the sheriff or Idaho state police received or maintained
 35    pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
 36        (7)  Records of investigations prepared by the department  of  health  and
 37    welfare pursuant to its statutory responsibilities dealing with the protection
 38    of children, the rehabilitation of youth, adoptions and the commitment of men-
 39    tally ill persons.
 40        (8)  Records including, but not limited to, investigative reports, result-
 41    ing  from  investigations  conducted into complaints of discrimination made to
 42    the Idaho human rights commission  unless  the  public  interest  in  allowing
 43    inspection and copying of such records outweighs the legitimate public or pri-
 44    vate  interest  in  maintaining  confidentiality of such records. A person may
 45    inspect and copy documents from an investigative file to which he or she is  a
 46    named  party if such documents are not otherwise prohibited from disclosure by
 47    federal law or regulation or state law. The confidentiality of this subsection
 48    will no longer apply to any record used in any judicial proceeding brought  by
 49    a  named party to the complaint or investigation, or by the Idaho human rights
 50    commission, relating to the complaint of discrimination.
 51        (9)  Records containing information obtained by the manager of  the  Idaho
 52    state  insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or on
 53    behalf of employers or employees contained in underwriting and claims for ben-
 54    efits files.
 55        (10) The worker's compensation records of the Idaho industrial  commission
                                                                        
                                           4
                                                                        
  1    provided that the industrial commission shall make such records available:
  2        (a)  To  the  parties in any worker's compensation claim and to the indus-
  3        trial special indemnity fund of the state of Idaho; or
  4        (b)  To employers and prospective employers subject to the  provisions  of
  5        the  Americans  with disabilities act, 42 U.S.C. 12112, or other statutory
  6        limitations, who certify that the  information  is  being  requested  with
  7        respect  to a worker to whom the employer has extended an offer of employ-
  8        ment and will be used in accordance with the provisions of  the  Americans
  9        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
 10        (c)  To  employers and prospective employers not subject to the provisions
 11        of the Americans with disabilities act, 42 U.S.C. 12112, or  other  statu-
 12        tory  limitations,  provided the employer presents a written authorization
 13        from the person to whom the records pertain; or
 14        (d)  To others who  demonstrate  that  the  public  interest  in  allowing
 15        inspection  and  copying  of  such records outweighs the public or private
 16        interest in maintaining the confidentiality of such records, as determined
 17        by a civil court of competent jurisdiction; or
 18        (e)  Although a claimant's records maintained by  the  industrial  commis-
 19        sion,  including  medical and rehabilitation records, are otherwise exempt
 20        from public disclosure, the quoting or discussing of medical or  rehabili-
 21        tation  records  contained in the industrial commission's records during a
 22        hearing for compensation or in a written decision issued by the industrial
 23        commission shall be permitted; provided further, the  true  identification
 24        of  the  parties shall not be exempt from public disclosure in any written
 25        decision issued and released to the public by the industrial commission.
 26        (11) Records of investigations compiled by the commission on aging involv-
 27    ing vulnerable adults, as defined in section 18-1505, Idaho Code,  alleged  to
 28    be abused, neglected or exploited.
 29        (12) Criminal  history  records  and  fingerprints,  as defined by section
 30    67-3001, Idaho Code, and compiled by the  Idaho  state  police.  Such  records
 31    shall be released only in accordance with chapter 30, title 67, Idaho Code.
 32        (13) Records  furnished  or  obtained  pursuant  to section 41-1019, Idaho
 33    Code, regarding termination of an appointment, employment, contract  or  other
 34    insurance business relationship between an insurer and a producer.
 35        (14) Records  of a prisoner or former prisoner in the custody of any state
 36    or local correctional facility, when the request is made by  another  prisoner
 37    in the custody of any state or local correctional facility.
 38        (15) Except  as  provided  in  section 72-1007, Idaho Code, records of the
 39    Idaho industrial commission relating to compensation for crime  victims  under
 40    chapter 10, title 72, Idaho Code.
                                                                        
 41        SECTION  3.  That  Section  9-340C, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        9-340C.  RECORDS EXEMPT FROM DISCLOSURE  --  PERSONNEL  RECORDS,  PERSONAL
 44    INFORMATION,  HEALTH  RECORDS,  PROFESSIONAL DISCIPLINE. The following records
 45    are exempt from disclosure:
 46        (1)  Except as provided in this subsection, all  personnel  records  of  a
 47    current or former public official other than the public official's public ser-
 48    vice  or  employment  history,  classification, pay grade and step, longevity,
 49    gross salary and salary history, status, workplace and employing  agency.  All
 50    other personnel information relating to a public employee or applicant includ-
 51    ing,  but  not  limited  to,  information regarding sex, race, marital status,
 52    birth date, home address  and  telephone  number,  applications,  testing  and
 53    scoring  materials,  grievances,  correspondence  and performance evaluations,
                                                                        
                                           5
                                                                        
  1    shall not be disclosed to the public without  the  employee's  or  applicant's
  2    written  consent.  Names of applicants to classified or merit system positions
  3    shall not be disclosed to the public without the applicant's written  consent.
  4    Disclosure  of  names as part of a background check is permitted. Names of the
  5    five (5) final applicants to all other positions shall  be  available  to  the
  6    public. If such group is less than five (5) finalists, then the entire list of
  7    applicants  shall  be available to the public. A public official or authorized
  8    representative may inspect and copy his personnel records, except for material
  9    used to screen and test for employment.
 10        (2)  Retired employees' and retired public officials' home addresses, home
 11    telephone numbers and other financial  and  nonfinancial  membership  records;
 12    active and inactive member financial and membership records and mortgage port-
 13    folio  loan  documents  maintained  by  the public employee retirement system.
 14    Financial statements prepared by retirement system staff, funding  agents  and
 15    custodians  concerning the investment of assets of the public employee retire-
 16    ment system of Idaho are not considered confidential under this chapter.
 17        (3)  Information and records submitted to the Idaho state lottery for  the
 18    performance  of  background investigations of employees, lottery retailers and
 19    major procurement contractors; audit records of lottery retailers, vendors and
 20    major procurement contractors submitted to or performed  by  the  Idaho  state
 21    lottery; validation and security tests of the state lottery for lottery games;
 22    business records and information submitted pursuant to sections 67-7412(8) and
 23    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information
 24    obtained and held for the  purposes  of  lottery  security  and  investigative
 25    action as determined by lottery rules unless the public interest in disclosure
 26    substantially  outweighs  the  private need for protection from public disclo-
 27    sure.
 28        (4)  Records of a personal nature as follows:
 29        (a)  Records of personal debt filed with a public  agency  or  independent
 30        public body corporate and politic pursuant to law;
 31        (b)  Personal bank records compiled by a public depositor for the purpose
 32        of public funds transactions conducted pursuant to law;
 33        (c)  Records  of  ownership  of financial obligations and instruments of a
 34        public agency or independent public body corporate and  politic,  such  as
 35        bonds,  compiled by the public agency or independent public body corporate
 36        and politic pursuant to law;
 37        (d)  Records, with regard to the ownership of, or security  interests  in,
 38        registered public obligations;
 39        (e)  Vital statistics records; and
 40        (f)  Military  records  as  described  in  and pursuant to section 65-301,
 41        Idaho Code.
 42        (5)  Information in an income or other tax return  measured  by  items  of
 43    income  or  sales,  which  is  gathered  by a public agency for the purpose of
 44    administering the tax, except such information to the extent  disclosed  in  a
 45    written  decision  of  the  tax commission pursuant to a taxpayer protest of a
 46    deficiency determination by the tax commission, under the provisions  of  sec-
 47    tion 63-3045B, Idaho Code.
 48        (6)  Records  of  a  personal nature related directly or indirectly to the
 49    application for and provision of statutory services rendered to persons apply-
 50    ing for public care for the elderly, indigent, or mentally or physically hand-
 51    icapped, or participation in an environmental or a public health  study,  pro-
 52    vided  the provisions of this subsection making records exempt from disclosure
 53    shall not apply to the extent that such records or  information  contained  in
 54    those  records  are  necessary for a background check on an individual that is
 55    required by federal law regulating the sale of firearms, guns or ammunition.
                                                                        
                                           6
                                                                        
  1        (7)  Employment security information and  unemployment  insurance  benefit
  2    information,  except that all interested parties may agree to waive the exemp-
  3    tion.
  4        (8)  Any personal records, other than names, business addresses and  busi-
  5    ness  phone  numbers,  such as parentage, race, religion, sex, height, weight,
  6    tax identification and social security numbers,  financial  worth  or  medical
  7    condition  submitted to any public agency or independent public body corporate
  8    and politic pursuant to a statutory requirement for licensing,  certification,
  9    permit or bonding.
 10        (9)  Unless  otherwise  provided  by  agency rule, information obtained as
 11    part of an inquiry into a person's fitness to be granted or retain a  license,
 12    certificate,  permit,  privilege,  commission or position, private association
 13    peer review committee records authorized in title 54, Idaho Code.  Any  agency
 14    which  has records exempt from disclosure under the provisions of this subsec-
 15    tion shall annually make available a statistical summary  of  the  number  and
 16    types of matters considered and their disposition.
 17        (10) The records, findings, determinations and decisions of any prelitiga-
 18    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 19        (11) Complaints  received  by the board of medicine and investigations and
 20    informal proceedings, including informal proceedings of any committee  of  the
 21    board  of  medicine,  pursuant  to chapter 18, title 54, Idaho Code, and rules
 22    adopted thereunder.
 23        (12) Records of the department of health and welfare or  a  public  health
 24    district that identify a person infected with a reportable disease.
 25        (13) Records  of  hospital care, medical records, including prescriptions,
 26    drug orders, records or any other prescription information  that  specifically
 27    identifies an individual patient, prescription records maintained by the board
 28    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
 29    treatment and professional counseling records relating to an individual's con-
 30    dition, diagnosis, care or treatment, provided the provisions  of this subsec-
 31    tion  making records exempt from disclosure shall not apply to the extent that
 32    such records or information contained in those records  are  necessary  for  a
 33    background  check  on an individual that is required by federal law regulating
 34    the sale of firearms, guns or ammunition.
 35        (14) Information collected pursuant to the directory  of  new  hires  act,
 36    chapter 16, title 72, Idaho Code.
 37        (15) Personal  information  contained  in motor vehicle and driver records
 38    that is exempt from disclosure under the provisions of chapter  2,  title  49,
 39    Idaho Code.
 40        (16) Records  of  the financial status of prisoners pursuant to subsection
 41    (2) of section 20-607, Idaho Code.
 42        (17) Records of  the  Idaho  state  police  or  department  of  correction
 43    received  or  maintained  pursuant to section 19-5514, Idaho Code, relating to
 44    DNA databases and databanks.
 45        (18) Records of the department of health and welfare relating to a survey,
 46    resurvey or complaint investigation of a licensed nursing  facility  shall  be
 47    exempt  from disclosure. Such records shall, however, be subject to disclosure
 48    as public records as soon as the facility in question has received the report,
 49    and no later than the fourteenth day following the  date  that  department  of
 50    health  and  welfare  representatives officially exit the facility pursuant to
 51    federal regulations. Provided however, that for purposes  of  confidentiality,
 52    no  record  shall be released under this section which specifically identifies
 53    any nursing facility resident.
 54        (19) Records and information contained in the  registry  of  immunizations
 55    against childhood diseases maintained in the department of health and welfare,
                                                                        
                                           7
                                                                        
  1    including  information disseminated to others from the registry by the depart-
  2    ment of health and welfare.
  3        (20) Records of the Idaho housing and finance association (IHFA)  relating
  4    to the following:
  5        (a)  Records containing personal financial, family, health or similar per-
  6        sonal information submitted to or otherwise obtained by the IHFA;
  7        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
  8        obtaining  and  servicing  mortgage  loans and all records relating to the
  9        review, approval or rejection by the IHFA of said loans;
 10        (c)  Mortgage portfolio loan documents;
 11        (d)  Records of a current or former employee  other  than  the  employee's
 12        duration of employment with the association, position held and location of
 13        employment.  This exemption from disclosure does not include the contracts
 14        of employment or any remuneration, including reimbursement of expenses, of
 15        the executive director, executive officers or commissioners of the associ-
 16        ation. All other personnel information relating to an association employee
 17        or applicant including, but not limited  to,  information  regarding  sex,
 18        race,  marital  status,  birth  date,  home  address and telephone number,
 19        applications, testing and scoring materials,  grievances,  correspondence,
 20        retirement plan information and performance evaluations, shall not be dis-
 21        closed  to  the  public without the employee's or applicant's written con-
 22        sent. An employee or authorized representative may inspect and  copy  that
 23        employee's  personnel records, except for material used to screen and test
 24        for employment or material not subject  to  disclosure  elsewhere  in  the
 25        Idaho public records act.
 26        (21) Records of the department of health and welfare related to child sup-
 27    port  services in cases in which there is reasonable evidence of domestic vio-
 28    lence, as defined in chapter 63, title 39, Idaho Code, that  can  be  used  to
 29    locate any individuals in the child support case except in response to a court
 30    order.
 31        (22) Records  of  the Idaho state bar lawyer's assistance program pursuant
 32    to chapter 49, title 54, Idaho Code,  unless  a  participant  in  the  program
 33    authorizes  the  release  pursuant to subsection (4) of section 54-4901, Idaho
 34    Code.
 35        (23) Records and information contained in the trauma registry  created  by
 36    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 37    pilations created from such information and records.
 38        (24) Records  contained  in  the court files, or other records prepared as
 39    part of proceedings for judicial  authorization  of  sterilization  procedures
 40    pursuant to chapter 39, title 39, Idaho Code.
 41        (25) The  physical  voter  registration card on file in the county clerk's
 42    office; however, a redacted copy of said card shall be made available  consis-
 43    tent  with the requirements of this section. Information from the voter regis-
 44    tration card maintained in the statewide voter registration database,  includ-
 45    ing  age,  will be made available except for the voter's driver's license num-
 46    ber, date of birth and, upon showing of good cause by the voter to the  county
 47    clerk in consultation with the county prosecuting attorney, the physical resi-
 48    dence  address  of  the  voter. For the purposes of this subsection good cause
 49    shall include the protection of life and property and protection of victims of
 50    domestic violence and similar crimes.
                                                                        
 51        SECTION 4.  That Section 67-5241, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
 53        67-5241.  INFORMAL  DISPOSITION. (1) Unless prohibited by other provisions
                                                                        
                                           8
                                                                        
  1    of law:
  2        (a)  an agency or a presiding officer may decline to initiate a  contested
  3        case;
  4        (b)  any part of the evidence in a contested case may be received in writ-
  5        ten  form  if  doing  so  will  expedite  the  case  without substantially
  6        prejudicing the interests of any party;
  7        (c)  informal disposition may be made of any contested  case  by  negotia-
  8        tion,  stipulation, agreed settlement, or consent order.  Informal settle-
  9        ment of matters is to be encouraged;
 10        (d)  the parties may stipulate as to the facts,  reserving  the  right  to
 11        appeal to a court of competent jurisdiction on issues of law.
 12        (2)  An agency or a presiding officer may request such additional informa-
 13    tion  as  required to decide whether to initiate or to decide a contested case
 14    as provided in subsection (1) of this section.
 15        (3)  If an agency or a presiding officer declines to initiate or decide  a
 16    contested case under the provisions of this section, the agency or the officer
 17    shall furnish a brief statement of the reasons for the decision to all persons
 18    involved.  This  subsection  does  not  apply  to  investigations or inquiries
 19    directed to or performed  by  law  enforcement  agencies  defined  in  section
 20    9-337(67), Idaho Code.
 21        (4)  The  agency may not abdicate its responsibility for any informal dis-
 22    position of a contested case. Disposition of a contested case as  provided  in
 23    this section is a final agency action.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15754

Several court decisions have indicated that the Public Records
Act does not currently prevent disclosure of names of applicants
for public employment.  This may mean that supervisors, co-
workers, fellow applicants and other members of the public can
find out the names of all applicants for any public job.  

Disclosure of names of applicants without their permission can
cause unnecessary harm or embarrassment to an unsuccessful
applicant.  Disclosure may also negatively impact morale and
productivity or may prevent qualified individuals from seeking
employment or promotional opportunities in the public sector. 
This legislation will protect the names of applicants from
disclosure to the public.  Applicant names may be disclosed for
background checks as well as part of an established hiring
practice as is common for high profile positions, such as
university presidents or football coaches.  In such instances,
the applicants should be made aware that disclosure is part of
the hiring process.  Names of individuals seeking interim
appointments to elective office will remain available to the
public.  Restricting access to names of applicants will not deny
the public necessary information.



                           FISCAL NOTE

This proposed legislation will have no fiscal impact.




Contact
Name: Representative Darrell Bolz 
Phone: (208) 332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                         H 570