Print Friendly HOUSE BILL NO. 577 – Unemployment benefits, violations
HOUSE BILL NO. 577
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H0577.......................................by COMMERCE AND HUMAN RESOURCES
UNEMPLOYMENT BENEFITS - Amends existing law to provide additional methods
for charging benefits attributable to cost reimbursement employers under
the Employment Security Law; to provide for repayment of any benefits
received as a result of having willfully made a false statement or having
willfully failed to report a material fact; to define "employment security
information" under the Public Records Act; to provide that the identity of
an informant who reports a suspected violation of the Employment Security
Law to the Department of Commerce and Labor under an assurance of
confidentiality shall not be disclosed; to clarify that the State Tax
Commission and the Department of Commerce and Labor can exchange certain
information; and to provide that amounts owed for penalty and interest on
debts owed to the State Tax Commission or the Department of Commerce and
Labor may be offset against refunds owed to the debtor by either agency.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson),
Harwood, Henbest, Henderson, Jaquet, 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, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Lake
Title apvd - to Senate
02/15 Senate intro - 1st rdg - to Com/HuRes
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Compton
Title apvd - to House
03/03 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/08 To Governor
03/11 Governor signed
Session Law Chapter 38
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 577
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1349A, IDAHO
3 CODE, TO PROVIDE ADDITIONAL METHODS FOR CHARGING BENEFITS ATTRIBUTABLE TO
4 COST REIMBURSEMENT EMPLOYERS; AMENDING SECTION 72-1366, IDAHO CODE, TO
5 PROVIDE FOR REPAYMENT OF ANY BENEFITS RECEIVED AS A RESULT OF HAVING
6 WILLFULLY MADE A FALSE STATEMENT OR WILLFULLY FAILED TO REPORT A MATERIAL
7 FACT; AMENDING SECTION 9-340C, IDAHO CODE, TO DEFINE EMPLOYMENT SECURITY
8 INFORMATION AND TO PROVIDE THAT THE IDENTITY OF AN INFORMANT WHO REPORTS A
9 SUSPECTED VIOLATION OF THE EMPLOYMENT SECURITY LAW TO THE DEPARTMENT OF
10 COMMERCE AND LABOR UNDER AN ASSURANCE OF CONFIDENTIALITY SHALL NOT BE DIS-
11 CLOSED; AMENDING SECTION 63-3077A, IDAHO CODE, TO CLARIFY THAT THE STATE
12 TAX COMMISSION AND THE DEPARTMENT OF COMMERCE AND LABOR MAY EXCHANGE CER-
13 TAIN INFORMATION AND TO PROVIDE THAT AMOUNTS OWED FOR PENALTY AND INTEREST
14 ON DEBTS OWED TO THE STATE TAX COMMISSION OR THE DEPARTMENT OF COMMERCE
15 AND LABOR MAY BE OFFSET AGAINST REFUNDS OWED TO THE DEBTOR BY EITHER
16 AGENCY AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 72-1349A, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 72-1349A. FINANCING OF BENEFIT PAYMENTS BY NONPROFIT ORGANIZATIONS AND
21 GOVERNMENTAL ENTITIES. (1) Benefits paid to employees of governmental entities
22 and nonprofit organizations shall be financed in accordance with the provi-
23 sions of this section.
24 A group of such organizations or entities may elect, with the approval of
25 the director, to act as a group in fulfilling the requirements of this chap-
27 (2) Liability for contributions and election of reimbursements. A non-
28 profit organization or governmental entity shall pay contributions under the
29 provisions of section 72-1349, Idaho Code, unless it elects, in accordance
30 with this section to pay to the director an amount equal to the full amount of
31 regular benefits paid and the amount paid for extended benefits for which the
32 department is not reimbursed by the federal government, for any reason includ-
33 ing, but not limited to, payments made as a result of a determination or pay-
34 ments erroneously paid or paid as a result of a determination of eligibility
35 which is subsequently reversed if said payment or any portion thereof was made
36 as a result of wages earned in the employ of such organization or entity. Any
37 sums recovered by the department from a claimant as a result of said payments
38 shall be credited to the account of the nonprofit organization or governmental
39 entity which reimbursed the fund for the payment of said benefits. Where such
40 benefits are paid utilizing wages paid by two (2) or more employers, the por-
41 tion of benefits to be repaid by the organization or entity shall be its pro-
42 portionate share. This shall be computed on the basis of the relationship
43 between wages utilized which were earned for services performed for such orga-
1 nization or entity and the total wages utilized in paying such benefits.
2 (3) Any nonprofit organization or governmental entity may elect to become
3 liable for payments in lieu of contributions, provided it files with the
4 director a written notice of election not later than thirty (30) days prior to
5 the beginning of any taxable year or within thirty (30) days after the date of
6 the final determination that such organization or entity is subject to this
7 chapter. Such election shall be effective for not less than two (2) full tax-
8 able years after the election is made, and will continue to be in effect
9 until terminated. The organization or entity must file with the director a
10 written notice of termination of such election not later than thirty (30) days
11 prior to the beginning of the taxable year for which such termination shall
12 first be effective. The director may, in his discretion, terminate an elec-
13 tion as provided in this section or extend the period within which a notice of
14 election or a notice of termination must be filed. The director shall notify
15 each nonprofit organization and governmental entity of any determination he
16 makes of its status as an employer and of the effective date of any election
17 which it makes and of any termination of such election.
18 (4) Reimbursement payments. Payments in lieu of contributions shall be
19 made in accordance with the provisions of this subsection, including either
20 paragraph (a) or paragraph (b).
21 (a) At the end of each calendar quarter, or at the end of any other
22 period as determined by the director, the director shall bill each organi-
23 zation or entity (or group of organizations or entities) which has elected
24 to make payments in lieu of contributions for an amount equal to the full
25 amount of regular benefits paid, and the amount paid for extended benefits
26 for which the department is not reimbursed by the federal government, if
27 paid as a result of wages earned in the employ of such organization or
29 (b) Payment in advance. Nonprofit organizations or governmental entities
30 may elect to make payments in lieu of contributions in advance of actual
31 billing for payment costs. Advance payments shall be made as follows: At
32 the end of each calendar quarter, the nonprofit organization or governmen-
33 tal entity shall pay one percent (1%) of its total quarterly payroll
34 unless the director determines that a lesser percentage will cover the
35 cost of payment of benefits to the employees of said employer. For pur-
36 poses of this section, the total quarterly payroll for school districts
37 shall be computed based upon only those school districts which have
38 elected cost reimbursement status. Such payments shall become due and pay-
39 able within thirty (30) days following the quarter ending.
40 At the end of such taxable year, the director shall compute the bene-
41 fit costs attributable to the employer as provided in subsection (2) of
42 this section. The director will then debit the employer's account with
43 these costs. When payments exceed benefit costs, either the employer will
44 be credited on subsequent benefit costs with the overpayment or, at the
45 director's discretion, the overpayment will be refunded to the employer.
46 When payments are not sufficient to pay benefit costs, either the employer
47 will be billed the additional amount necessary to pay such costs or, at
48 the director's discretion, the employer's advance payment rate for the
49 next taxable year will be set at a rate that will cover such costs.
50 (5) Bond requirements. Any nonprofit organization that elects to become
51 liable for payments in lieu of contributions may be required to obtain and
52 deposit with the director a surety bond approved by the director. The amount
53 of the bond shall be determined by the director on the basis of potential lia-
54 bility for benefit costs of each employing nonprofit organization. Such bond
55 shall be in force for a period of not less than two (2) years, and shall be
1 renewed not less frequently than two (2) year intervals for as long as the
2 organization continues to be liable for payments in lieu of contributions. The
3 director shall require adjustments to be made in the bond filed as deemed
4 appropriate. When upward adjustments are required, the adjusted bond shall be
5 filed within thirty (30) days of the date notice of the required adjustment
6 was mailed. Failure by an organization covered by such bond to pay the full
7 amount of payments due, together with interest and penalties, as provided in
8 section 72-1354, Idaho Code, shall render the surety liable on said bond to
9 the extent of the bond, as though the surety was a liable organization.
10 (6) Failure to pay timely. If any nonprofit organization or governmental
11 entity is delinquent in making payments in lieu of contributions, the director
12 may terminate such employer's election to make payments in lieu of contribu-
13 tions as of the beginning of the next taxable year, and such termination shall
14 be effective for that and the next taxable year. Any nonprofit organization or
15 governmental entity becoming delinquent in making payments in lieu of contri-
16 butions shall be subject to the same penalty provisions as any other covered
17 employer as provided in this chapter.
18 (7) Appeals procedure. Nonprofit organizations and governmental entities
19 making payments in lieu of contributions may appeal a determination made pur-
20 suant to this section as provided in section 72-1361, Idaho Code.
21 (8) In the payment of any payments in lieu of contributions a fractional
22 part of a dollar shall be disregarded unless it amounts to fifty cents (50¢)
23 or more, in which case it shall be increased to one dollar ($1.00).
24 SECTION 2. That Section 72-1366, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 72-1366. PERSONAL ELIGIBILITY CONDITIONS. The personal eligibility condi-
27 tions of a benefit claimant are that:
28 (1) The claimant shall have made a claim for benefits and provided all
29 necessary information pertinent to eligibility.
30 (2) The claimant shall have registered for work and thereafter reported
31 to a job service office or other agency in a manner prescribed by the direc-
33 (3) The claimant shall have met the minimum wage requirements in his base
34 period as provided in section 72-1367, Idaho Code.
35 (4) During the whole of any week with respect to which he claims benefits
36 or credit to his waiting period, the claimant was:
37 (a) Able to work, available for suitable work, and seeking work; pro-
38 vided, however, that no claimant shall be considered ineligible for fail-
39 ure to comply with the provisions of this subsection if: (i) such failure
40 is due to the claimant's illness or disability which occurs after he has
41 filed a claim and during such illness or disability, the claimant does not
42 refuse or miss suitable work that would have provided wages greater than
43 one-half (1/2) of the claimant's weekly benefit amount; or (ii) such fail-
44 ure is due to compelling personal circumstance, provided that such failure
45 does not exceed a minor portion of the claimant's workweek and during
46 which time the claimant does not refuse or miss suitable work that would
47 have provided wages greater than one-half (1/2) of the claimant's weekly
48 benefit amount; and
49 (b) Living in a state, territory, or country that is included in the
50 interstate benefit payment plan or that is a party to an agreement with
51 the United States or the director with respect to unemployment insurance.
52 (5) The claimant's unemployment is not due to the fact that he left his
53 employment voluntarily without good cause connected with his employment, or
1 that he was discharged for misconduct in connection with his employment.
2 (6) The claimant's unemployment is not due to his failure without good
3 cause to apply for available suitable work or to accept suitable work when
4 offered to him. The longer a claimant has been unemployed, the more willing he
5 must be to seek other types of work and accept work at a lower rate of pay.
6 (7) In determining whether or not work is suitable for an individual, the
7 degree of risk involved to his health, safety, morals, physical fitness, expe-
8 rience, training, past earnings, length of unemployment and prospects for
9 obtaining local employment in his customary occupation, the distance of the
10 work from his residence, and other pertinent factors shall be considered. No
11 employment shall be deemed suitable and benefits shall not be denied to any
12 otherwise eligible individual for refusing to accept new work or to hold him-
13 self available for work under any of the following conditions:
14 (a) If the vacancy of the position offered is due directly to a strike,
15 lockout, or other labor dispute;
16 (b) If the wages, hours, or other conditions of the work offered are
17 below those prevailing for similar work in the locality of the work
19 (c) If, as a condition of being employed, the individual would be
20 required to join a company union or to resign from or refrain from joining
21 any bona fide labor organization.
22 (8) No claimant who is otherwise eligible shall be denied benefits for
23 any week due to an inability to comply with the requirements contained in sub-
24 sections (4) and (6) of this section, if:
25 (a) The claimant is a participant in a program sponsored by title I of
26 the workforce investment act and attends a job training course under that
27 program; or
28 (b) The claimant attends a job training course authorized pursuant to the
29 provisions of section 236(a)(1) of the trade act of 1974 or the North
30 American free trade agreement implementation act.
31 (c) The claimant lacks skills to compete in the labor market and attends
32 a job training course with the approval of the director. The director may
33 approve job training courses that meet the following criteria:
34 (i) The purpose of the job training is to teach the claimant skills
35 that will enhance the claimant's opportunities for employment; and
36 (ii) The job training can be completed within one (1) year, except
37 that this requirement may be waived pursuant to rules that the direc-
38 tor may prescribe.
39 This subsection shall apply only if the claimant submits with each claim
40 report a written certification from the training facility that the claimant is
41 attending and satisfactorily completing the job training course, or demon-
42 strates good cause for failure to attend the job training.
43 (9) No claimant who is otherwise eligible shall be denied benefits under
44 subsection (5) of this section for leaving employment to attend job training
45 pursuant to subsection (8) of this section, provided that the claimant
46 obtained the employment after enrollment in or during scheduled breaks in the
47 job training course, or that the employment was not suitable. For purposes of
48 this subsection, the term "suitable employment" means work of a substantially
49 equal or higher skill level than the individual's past employment, and wages
50 for such work are not less than eighty percent (80%) of the average weekly
51 wage in the individual's past employment.
52 (10) A claimant shall not be eligible to receive benefits for any week
53 with respect to which it is found that his unemployment is due to a labor dis-
54 pute; provided, that this subsection shall not apply if it is shown that:
55 (a) The claimant is not participating, financing, aiding, abetting, or
1 directly interested in the labor dispute; and
2 (b) The claimant does not belong to a grade or class of workers with mem-
3 bers employed at the premises at which the labor dispute occurs, who are
4 participating in or directly interested in the dispute.
5 (11) A claimant shall not be entitled to benefits for any week with
6 respect to which or a part of which he has received or is seeking benefits
7 under an unemployment insurance law of another state or of the United States;
8 provided, that if the appropriate agency of such other state or of the United
9 States shall finally determine that he is not entitled to such unemployment
10 compensation or insurance benefits, he shall not by the provisions of this
11 subsection be denied benefits. For purposes of this section, a law of the
12 United States providing any payments of any type and in any amounts for
13 periods of unemployment due to involuntary unemployment shall be considered an
14 unemployment insurance law of the United States.
15 (12) A claimant shall not be entitled to benefits for a period of fifty-
16 two (52) weeks if it is determined that he has willfully made a false state-
17 ment or willfully failed to report a material fact in order to obtain bene-
18 fits. The period of disqualification shall commence the week the determination
19 is issued. The claimant shall also be ineligible for waiting week credit and
20 shall repay any sums received for any week in for which the claimant received
21 waiting week credit or benefits as a result of having willfully made a false
22 statement or willfully failed to report a material fact. The claimant shall
23 also be ineligible for waiting week credit or benefits for any week in which
24 he owes the department an overpayment, civil penalty, or interest resulting
25 from a determination that he willfully made a false statement or willfully
26 failed to report a material fact.
27 (13) A claimant shall not be entitled to benefits if his principal occupa-
28 tion is self-employment.
29 (14) A claimant who has been found ineligible for benefits under the pro-
30 visions of subsection (5), (6), (7) or (9) of this section shall reestablish
31 his eligibility by having obtained bona fide work and received wages therefor
32 in an amount of at least fourteen (14) times his weekly benefit amount.
33 (15) Benefits based on service in employment defined in sections 72-1349A
34 and 72-1352(3), Idaho Code, shall be payable in the same amount, on the same
35 terms and subject to the same conditions as benefits payable on the basis of
36 other service subject to this act.
37 (a) If the services performed during one-half (1/2) or more of any con-
38 tract period by an individual for an educational institution as defined in
39 section 72-1322B, Idaho Code, are in an instructional, research, or prin-
40 cipal administrative capacity, all the services shall be deemed to be in
41 such capacity.
42 (b) If the services performed during less than one-half (1/2) of any con-
43 tract period by an individual for an educational institution are in an
44 instructional, research, or principal administrative capacity, none of the
45 service shall be deemed to be in such capacity.
46 (c) As used in this section, "contract period" means the entire period
47 for which the individual contracts to perform services, pursuant to the
48 terms of the contract.
49 (16) No claimant is eligible to receive benefits in two (2) successive
50 benefit years unless, after the beginning of the first benefit year during
51 which he received benefits, he performed service and earned an amount equal to
52 not less than six (6) times the weekly benefit amount established during the
53 first benefit year.
54 (17) (a) Benefits based on wages earned for services performed in an
55 instructional, research, or principal administrative capacity for an edu-
1 cational institution shall not be paid for any week of unemployment com-
2 mencing during the period between two (2) successive academic years, or
3 during a similar period between two (2) terms, whether or not successive,
4 or during a period of paid sabbatical leave provided for in the
5 individual's contract, to any individual who performs such services in the
6 first academic year (or term) and has a contract to perform services in
7 any such capacity for any educational institution in the second academic
8 year or term, or has been given reasonable assurance that such a contract
9 will be offered.
10 (b) Benefits based on wages earned for services performed in any other
11 capacity for an educational institution shall not be paid to any individ-
12 ual for any week which commences during a period between two (2) succes-
13 sive school years or terms if the individual performs such services in the
14 first school year or term, and there is a contract or reasonable assurance
15 that the individual will perform such services in the second school year
16 or term. If benefits are denied to any individual under this paragraph (b)
17 and the individual was not offered an opportunity to perform such services
18 for the educational institution for the second academic year or term, the
19 individual shall be entitled to a retroactive payment of benefits for each
20 week for which the individual filed a timely claim for benefits and for
21 which benefits were denied solely by reason of this clause.
22 (c) With respect to any services described in paragraphs (a) and (b) of
23 this subsection (17), benefits shall not be paid nor "waiting week" credit
24 given to an individual for wages earned for services for any week which
25 commences during an established and customary vacation period or holiday
26 recess if the individual performed the services in the period immediately
27 before the vacation period or holiday recess, and there is a reasonable
28 assurance the individual will perform such services in the period immedi-
29 ately following such vacation period or holiday recess.
30 (d) With respect to any services described in paragraphs (a) and (b) of
31 this subsection (17), benefits shall not be payable on the basis of ser-
32 vices in any capacities specified in paragraphs (a), (b) and (c) of this
33 subsection (17) to any individual who performed such services in an educa-
34 tional institution while in the employ of an educational service agency.
35 For purposes of this paragraph the term "educational service agency" means
36 a governmental entity which is established and operated exclusively for
37 the purpose of providing such services to one (1) or more educational
39 (18) Benefits shall not be payable on the basis of services which substan-
40 tially consist of participating in sports or athletic events or training or
41 preparing to participate, for any week which commences during the period
42 between two (2) successive sport seasons (or similar periods) if the individ-
43 ual performed services in the first season (or similar period) and there is a
44 reasonable assurance that the individual will perform such services in the
45 later of such season (or similar period).
46 (19) (a) Benefits shall not be payable on the basis of services performed
47 by an alien unless the alien was lawfully admitted for permanent residence
48 at the time such services were performed, was lawfully present for pur-
49 poses of performing such services, or was permanently residing in the
50 United States under color of law at the time the services were performed
51 (including an alien who was lawfully present in the United States as a
52 result of the application of the provisions of sections 207 and 208 or
53 section 212(d)(5) of the immigration and nationality act).
54 (b) Any data or information required of individuals applying for benefits
55 to determine eligibility under this subsection shall be uniformly required
1 from all applicants for benefits.
2 (c) A decision to deny benefits under this subsection must be based on a
3 preponderance of the evidence.
4 (20) An individual who has been determined to be likely to exhaust regular
5 benefits and to need reemployment services pursuant to a profiling system
6 established by the director must participate in those reemployment services
8 (a) The individual has completed such services; or
9 (b) There is justifiable cause, as determined by the director, for the
10 claimant's failure to participate in such services.
11 (21) (a) A claimant:
12 (i) Who has been assigned to work for one (1) or more customers of
13 a staffing service; and
14 (ii) Who, at the time of hire by the staffing service, signed a
15 written notice informing him that completion or termination of an
16 assignment for a customer would not, of itself, terminate the employ-
17 ment relationship with the staffing service;
18 will not be considered unemployed upon completion or termination of an
19 assignment until such time as he contacts the staffing service to deter-
20 mine if further suitable work is available. If the claimant:
21 (A) Contacts the staffing service and refuses a suitable work
22 assignment that is offered to him at that time, he will be con-
23 sidered to have voluntarily quit that employment; or
24 (B) Contacts the staffing service and the service does not have
25 a suitable work assignment for him, he will be considered unem-
26 ployed due to a lack of work; or
27 (C) Accepts new employment without first contacting the
28 staffing service for additional work, he will be considered to
29 have voluntarily quit employment with the staffing service.
30 (b) For the purposes of this subsection, the term "staffing service"
31 means any person who assigns individuals to work for its customers and
32 includes, but is not limited to, professional employers, as defined in
33 chapter 24, title 44, Idaho Code, and the employers of temporary employees
34 as defined in section 44-2403(7), Idaho Code.
35 SECTION 3. That Section 9-340C, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
38 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
39 are exempt from disclosure:
40 (1) Except as provided in this subsection, all personnel records of a
41 current or former public official other than the public official's public ser-
42 vice or employment history, classification, pay grade and step, longevity,
43 gross salary and salary history, status, workplace and employing agency. All
44 other personnel information relating to a public employee or applicant includ-
45 ing, but not limited to, information regarding sex, race, marital status,
46 birth date, home address and telephone number, applications, testing and
47 scoring materials, grievances, correspondence and performance evaluations,
48 shall not be disclosed to the public without the employee's or applicant's
49 written consent. A public official or authorized representative may inspect
50 and copy his personnel records, except for material used to screen and test
51 for employment.
52 (2) Retired employees' and retired public officials' home addresses, home
53 telephone numbers and other financial and nonfinancial membership records;
1 active and inactive member financial and membership records and mortgage
2 portfolio loan documents maintained by the public employee retirement system.
3 Financial statements prepared by retirement system staff, funding agents and
4 custodians concerning the investment of assets of the public employee retire-
5 ment system of Idaho are not considered confidential under this chapter.
6 (3) Information and records submitted to the Idaho state lottery for the
7 performance of background investigations of employees, lottery retailers and
8 major procurement contractors; audit records of lottery retailers, vendors and
9 major procurement contractors submitted to or performed by the Idaho state
10 lottery; validation and security tests of the state lottery for lottery games;
11 business records and information submitted pursuant to sections 67-7412(8) and
12 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
13 obtained and held for the purposes of lottery security and investigative
14 action as determined by lottery rules unless the public interest in disclosure
15 substantially outweighs the private need for protection from public disclo-
17 (4) Records of a personal nature as follows:
18 (a) Records of personal debt filed with a public agency or independent
19 public body corporate and politic pursuant to law;
20 (b) Personal bank records compiled by a public depositor for the purpose
21 of public funds transactions conducted pursuant to law;
22 (c) Records of ownership of financial obligations and instruments of a
23 public agency or independent public body corporate and politic, such as
24 bonds, compiled by the public agency or independent public body corporate
25 and politic pursuant to law;
26 (d) Records, with regard to the ownership of, or security interests in,
27 registered public obligations;
28 (e) Vital statistics records; and
29 (f) Military records as described in and pursuant to section 65-301,
30 Idaho Code.
31 (5) Information in an income or other tax return measured by items of
32 income or sales, which is gathered by a public agency for the purpose of
33 administering the tax, except such information to the extent disclosed in a
34 written decision of the tax commission pursuant to a taxpayer protest of a
35 deficiency determination by the tax commission, under the provisions of sec-
36 tion 63-3045B, Idaho Code.
37 (6) Records of a personal nature related directly or indirectly to the
38 application for and provision of statutory services rendered to persons apply-
39 ing for public care for the elderly, indigent, or mentally or physically hand-
40 icapped, or participation in an environmental or a public health study, pro-
41 vided the provisions of this subsection making records exempt from disclosure
42 shall not apply to the extent that such records or information contained in
43 those records are necessary for a background check on an individual that is
44 required by federal law regulating the sale of firearms, guns or ammunition.
45 (7) Employment security information and unemployment insurance benefit
46 information, except that all interested parties may agree to waive the exemp-
47 tion unless access to the information by the parties is restricted by subsec-
48 tion (3)(a), (3)(b) or (3)(d) of section 9-342, Idaho Code. Notwithstanding
49 the provisions of section 9-342, Idaho Code, a person may not review identify-
50 ing information concerning an informant who reported to the department of com-
51 merce and labor a suspected violation by the person of the employment security
52 law, chapter 13, title 72, Idaho Code, under an assurance of confidentiality.
53 As used in this section, "employment security information" means any informa-
54 tion descriptive of an identifiable person or persons that is received by,
55 recorded by, prepared by, furnished to or collected by the department of com-
1 merce and labor or the industrial commission in the administration of the
2 employment security law.
3 (8) Any personal records, other than names, business addresses and busi-
4 ness phone numbers, such as parentage, race, religion, sex, height, weight,
5 tax identification and social security numbers, financial worth or medical
6 condition submitted to any public agency or independent public body corporate
7 and politic pursuant to a statutory requirement for licensing, certification,
8 permit or bonding.
9 (9) Unless otherwise provided by agency rule, information obtained as
10 part of an inquiry into a person's fitness to be granted or retain a license,
11 certificate, permit, privilege, commission or position, private association
12 peer review committee records authorized in title 54, Idaho Code. Any agency
13 which has records exempt from disclosure under the provisions of this subsec-
14 tion shall annually make available a statistical summary of the number and
15 types of matters considered and their disposition.
16 (10) The records, findings, determinations and decisions of any prelitiga-
17 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
18 (11) Complaints received by the board of medicine and investigations and
19 informal proceedings, including informal proceedings of any committee of the
20 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules
21 adopted thereunder.
22 (12) Records of the department of health and welfare or a public health
23 district that identify a person infected with a reportable disease.
24 (13) Records of hospital care, medical records, including prescriptions,
25 drug orders, records or any other prescription information that specifically
26 identifies an individual patient, prescription records maintained by the board
27 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
28 treatment and professional counseling records relating to an individual's con-
29 dition, diagnosis, care or treatment, provided the provisions of this subsec-
30 tion making records exempt from disclosure shall not apply to the extent that
31 such records or information contained in those records are necessary for a
32 background check on an individual that is required by federal law regulating
33 the sale of firearms, guns or ammunition.
34 (14) Information collected pursuant to the directory of new hires act,
35 chapter 16, title 72, Idaho Code.
36 (15) Personal information contained in motor vehicle and driver records
37 that is exempt from disclosure under the provisions of chapter 2, title 49,
38 Idaho Code.
39 (16) Records of the financial status of prisoners pursuant to subsection
40 (2) of section 20-607, Idaho Code.
41 (17) Records of the Idaho state police or department of correction
42 received or maintained pursuant to section 19-5514, Idaho Code, relating to
43 DNA databases and databanks.
44 (18) Records of the department of health and welfare relating to a survey,
45 resurvey or complaint investigation of a licensed nursing facility shall be
46 exempt from disclosure. Such records shall, however, be subject to disclosure
47 as public records as soon as the facility in question has received the report,
48 and no later than the fourteenth day following the date that department of
49 health and welfare representatives officially exit the facility pursuant to
50 federal regulations. Provided however, that for purposes of confidentiality,
51 no record shall be released under this section which specifically identifies
52 any nursing facility resident.
53 (19) Records and information contained in the registry of immunizations
54 against childhood diseases maintained in the department of health and wel-
55 fare, including information disseminated to others from the registry by the
1 department of health and welfare.
2 (20) Records of the Idaho housing and finance association (IHFA) relating
3 to the following:
4 (a) Records containing personal financial, family, health or similar per-
5 sonal information submitted to or otherwise obtained by the IHFA;
6 (b) Records submitted to or otherwise obtained by the IHFA with regard to
7 obtaining and servicing mortgage loans and all records relating to the
8 review, approval or rejection by the IHFA of said loans;
9 (c) Mortgage portfolio loan documents;
10 (d) Records of a current or former employee other than the employee's
11 duration of employment with the association, position held and location of
12 employment. This exemption from disclosure does not include the contracts
13 of employment or any remuneration, including reimbursement of expenses, of
14 the executive director, executive officers or commissioners of the associ-
15 ation. All other personnel information relating to an association employee
16 or applicant including, but not limited to, information regarding sex,
17 race, marital status, birth date, home address and telephone number,
18 applications, testing and scoring materials, grievances, correspondence,
19 retirement plan information and performance evaluations, shall not be dis-
20 closed to the public without the employee's or applicant's written con-
21 sent. An employee or authorized representative may inspect and copy that
22 employee's personnel records, except for material used to screen and test
23 for employment or material not subject to disclosure elsewhere in the
24 Idaho public records act.
25 (21) Records of the department of health and welfare related to child sup-
26 port services in cases in which there is reasonable evidence of domestic vio-
27 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to
28 locate any individuals in the child support case except in response to a court
30 (22) Records of the Idaho state bar lawyer's assistance program pursuant
31 to chapter 49, title 54, Idaho Code, unless a participant in the program
32 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho
34 (23) Records and information contained in the trauma registry created by
35 chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
36 pilations created from such information and records.
37 (24) Records contained in the court files, or other records prepared as
38 part of proceedings for judicial authorization of sterilization procedures
39 pursuant to chapter 39, title 39, Idaho Code.
40 (25) The physical voter registration card on file in the county clerk's
41 office; however, a redacted copy of said card shall be made available consis-
42 tent with the requirements of this section. Information from the voter regis-
43 tration card maintained in the statewide voter registration database, includ-
44 ing age, will be made available except for the voter's driver's license num-
45 ber, date of birth and, upon showing of good cause by the voter to the county
46 clerk in consultation with the county prosecuting attorney, the physical resi-
47 dence address of the voter. For the purposes of this subsection good cause
48 shall include the protection of life and property and protection of victims of
49 domestic violence and similar crimes.
50 SECTION 4. That Section 63-3077A, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 63-3077A. AGREEMENTS FOR EXCHANGE OF INFORMATION AND JOINT ADMINISTRATION
53 WITH DEPARTMENT OF COMMERCE AND LABOR. (a) The state tax commission and the
1 department of commerce and labor may enter into a written agreement for
2 exchange of information relating to tax laws administered by the state tax
3 commission or and the employment security law administered by the department
4 of commerce and labor. Any information so exchanged shall be confidential
5 information in the hands of the recipient thereof and may be used only for the
7 (1) Determining whether the person to whom the information relates may
8 have an undischarged duty or liability under any the employment security
9 law or the tax laws of this state administered by the state tax
10 commission, the amount of such liability, the person's whereabouts, social
11 security number, and information helpful in collecting taxes any liability
13 (2) Administering any joint agreement between the department of commerce
14 and labor and the state tax commission relating to employment security
15 taxes and income tax withholding for the common registration of employers,
16 common tax reporting forms, centralized filing and processing of forms.
17 (3) Administration of the state directory of new hires provided in chap-
18 ter 16, title 72, Idaho Code.
19 (b) No such information shall be public information unless it is used in
20 the course of a judicial proceeding arising under a the employment security
21 law or the tax statute of this state laws administered by the state tax com-
23 (c) An agreement made pursuant to this section may provide for the offset
24 of any refunds owed to any person by either party to the agreement against any
25 tax liability, or overpayment of benefits liability, and any penalties and
26 interest thereon owed to the other either party to the agreement. No offset
27 may be made unless the liability against which it is applied is final, without
28 any further right on the part of the person owing the liability to either
29 administrative or judicial review.
30 SECTION 5. An emergency existing therefor, which emergency is hereby
31 declared to exist, this act shall be in full force and effect on and after its
32 passage and approval.
STATEMENT OF PURPOSE
This legislation would enhance the Idaho Commerce & Labor's
ability to detect and deter fraud. It has an emergency clause.
Section 1 provides additional methods for charging cost
reimbursement employers for benefits paid to their former
Section 2 expands the definition of a fraud overpayment to
include all benefits paid as a result of a claimant's willful false
statement or willful failure to report a material fact.
Section 3 defines "employment security information" and
provides confidentiality to any informant who reports suspected
violations of the Employment Security Law to the Department.
Section 4 allows amounts owed for penalty and interest on
debts owed to the Department or the State Tax Commission to be
offset against refunds owed to the debtor by either agency. It also
makes technical corrections.
There is no impact on the state General Fund. Sections 2, 3 and 4
should have positive impacts on the Department's Penalty and
Interest Fund and the Unemployment Insurance Trust Fund.
Name: Bob Fick
Agency: Idaho Commerce & Labor
Phone: 332-3570 ext. 3628; 409-9818 cell
STATEMENT OF PURPOSE/FISCAL NOTE H 577