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HOUSE BILL NO. 715
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H0715......................................................by STATE AFFAIRS
JUDGES - PUBLIC RECORDS - Amends existing law relating to public records to
exempt from disclosure certain records of active or retired supreme court
justices, court of appeals judges and district and magistrate judges.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 715
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340C, IDAHO CODE, TO EXEMPT
3 FROM DISCLOSURE CERTAIN RECORDS OF ACTIVE OR RETIRED SUPREME COURT JUS-
4 TICES, COURT OF APPEALS JUDGES AND DISTRICT AND MAGISTRATE JUDGES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 9-340C, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
9 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
10 are exempt from disclosure:
11 (1) Except as provided in this subsection, all personnel records of a
12 current or former public official other than the public official's public ser-
13 vice or employment history, classification, pay grade and step, longevity,
14 gross salary and salary history, status, workplace and employing agency. All
15 other personnel information relating to a public employee or applicant includ-
16 ing, but not limited to, information regarding sex, race, marital status,
17 birth date, home address and telephone number, applications, testing and
18 scoring materials, grievances, correspondence and performance evaluations,
19 shall not be disclosed to the public without the employee's or applicant's
20 written consent. A public official or authorized representative may inspect
21 and copy his personnel records, except for material used to screen and test
22 for employment.
23 (2) Retired employees' and retired public officials' home addresses, home
24 telephone numbers and other financial and nonfinancial membership records;
25 active and inactive member financial and membership records and mortgage port-
26 folio loan documents maintained by the public employee retirement system.
27 Financial statements prepared by retirement system staff, funding agents and
28 custodians concerning the investment of assets of the public employee retire-
29 ment system of Idaho are not considered confidential under this chapter.
30 (3) Information and records submitted to the Idaho state lottery for the
31 performance of background investigations of employees, lottery retailers and
32 major procurement contractors; audit records of lottery retailers, vendors and
33 major procurement contractors submitted to or performed by the Idaho state
34 lottery; validation and security tests of the state lottery for lottery games;
35 business records and information submitted pursuant to sections 67-7412(8) and
36 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
37 obtained and held for the purposes of lottery security and investigative
38 action as determined by lottery rules unless the public interest in disclosure
39 substantially outweighs the private need for protection from public disclo-
41 (4) Records of a personal nature as follows:
42 (a) Records of personal debt filed with a public agency or independent
43 public body corporate and politic pursuant to law;
1 (b) Personal bank records compiled by a public depositor for the purpose
2 of public funds transactions conducted pursuant to law;
3 (c) Records of ownership of financial obligations and instruments of a
4 public agency or independent public body corporate and politic, such as
5 bonds, compiled by the public agency or independent public body corporate
6 and politic pursuant to law;
7 (d) Records, with regard to the ownership of, or security interests in,
8 registered public obligations;
9 (e) Vital statistics records; and
10 (f) Military records as described in and pursuant to section 65-301,
11 Idaho Code.
12 (5) Information in an income or other tax return measured by items of
13 income or sales, which is gathered by a public agency for the purpose of
14 administering the tax, except such information to the extent disclosed in a
15 written decision of the tax commission pursuant to a taxpayer protest of a
16 deficiency determination by the tax commission, under the provisions of sec-
17 tion 63-3045B, Idaho Code.
18 (6) Records of a personal nature related directly or indirectly to the
19 application for and provision of statutory services rendered to persons apply-
20 ing for public care for the elderly, indigent, or mentally or physically hand-
21 icapped, or participation in an environmental or a public health study, pro-
22 vided the provisions of this subsection making records exempt from disclosure
23 shall not apply to the extent that such records or information contained in
24 those records are necessary for a background check on an individual that is
25 required by federal law regulating the sale of firearms, guns or ammunition.
26 (7) Employment security information and unemployment insurance benefit
27 information, except that all interested parties may agree to waive the exemp-
29 (8) Any personal records, other than names, business addresses and busi-
30 ness phone numbers, such as parentage, race, religion, sex, height, weight,
31 tax identification and social security numbers, financial worth or medical
32 condition submitted to any public agency or independent public body corporate
33 and politic pursuant to a statutory requirement for licensing, certification,
34 permit or bonding.
35 (9) Unless otherwise provided by agency rule, information obtained as
36 part of an inquiry into a person's fitness to be granted or retain a license,
37 certificate, permit, privilege, commission or position, private association
38 peer review committee records authorized in title 54, Idaho Code. Any agency
39 which has records exempt from disclosure under the provisions of this subsec-
40 tion shall annually make available a statistical summary of the number and
41 types of matters considered and their disposition.
42 (10) The records, findings, determinations and decisions of any prelitiga-
43 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
44 (11) Complaints received by the board of medicine and investigations and
45 informal proceedings, including informal proceedings of any committee of the
46 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules
47 adopted thereunder.
48 (12) Records of the department of health and welfare or a public health
49 district that identify a person infected with a reportable disease.
50 (13) Records of hospital care, medical records, including prescriptions,
51 drug orders, records or any other prescription information that specifically
52 identifies an individual patient, prescription records maintained by the board
53 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
54 treatment and professional counseling records relating to an individual's con-
55 dition, diagnosis, care or treatment, provided the provisions of this subsec-
1 tion making records exempt from disclosure shall not apply to the extent that
2 such records or information contained in those records are necessary for a
3 background check on an individual that is required by federal law regulating
4 the sale of firearms, guns or ammunition.
5 (14) Information collected pursuant to the directory of new hires act,
6 chapter 16, title 72, Idaho Code.
7 (15) Personal information contained in motor vehicle and driver records
8 that is exempt from disclosure under the provisions of chapter 2, title 49,
9 Idaho Code.
10 (16) Records of the financial status of prisoners pursuant to subsection
11 (2) of section 20-607, Idaho Code.
12 (17) Records of the Idaho state police or department of correction
13 received or maintained pursuant to section 19-5514, Idaho Code, relating to
14 DNA databases and databanks.
15 (18) Records of the department of health and welfare relating to a survey,
16 resurvey or complaint investigation of a licensed nursing facility shall be
17 exempt from disclosure. Such records shall, however, be subject to disclosure
18 as public records as soon as the facility in question has received the report,
19 and no later than the fourteenth day following the date that department of
20 health and welfare representatives officially exit the facility pursuant to
21 federal regulations. Provided however, that for purposes of confidentiality,
22 no record shall be released under this section which specifically identifies
23 any nursing facility resident.
24 (19) Records and information contained in the registry of immunizations
25 against childhood diseases maintained in the department of health and welfare,
26 including information disseminated to others from the registry by the depart-
27 ment of health and welfare.
28 (20) Records of the Idaho housing and finance association (IHFA) relating
29 to the following:
30 (a) Records containing personal financial, family, health or similar per-
31 sonal information submitted to or otherwise obtained by the IHFA;
32 (b) Records submitted to or otherwise obtained by the IHFA with regard to
33 obtaining and servicing mortgage loans and all records relating to the
34 review, approval or rejection by the IHFA of said loans;
35 (c) Mortgage portfolio loan documents;
36 (d) Records of a current or former employee other than the employee's
37 duration of employment with the association, position held and location of
38 employment. This exemption from disclosure does not include the contracts
39 of employment or any remuneration, including reimbursement of expenses, of
40 the executive director, executive officers or commissioners of the associ-
41 ation. All other personnel information relating to an association employee
42 or applicant including, but not limited to, information regarding sex,
43 race, marital status, birth date, home address and telephone number,
44 applications, testing and scoring materials, grievances, correspondence,
45 retirement plan information and performance evaluations, shall not be dis-
46 closed to the public without the employee's or applicant's written con-
47 sent. An employee or authorized representative may inspect and copy that
48 employee's personnel records, except for material used to screen and test
49 for employment or material not subject to disclosure elsewhere in the
50 Idaho public records act.
51 (21) Records of the department of health and welfare related to child sup-
52 port services in cases in which there is reasonable evidence of domestic vio-
53 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to
54 locate any individuals in the child support case except in response to a court
1 (22) Records of the Idaho state bar lawyer's assistance program pursuant
2 to chapter 49, title 54, Idaho Code, unless a participant in the program
3 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho
5 (23) Records and information contained in the trauma registry created by
6 chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
7 pilations created from such information and records.
8 (24) Records contained in the court files, or other records prepared as
9 part of proceedings for judicial authorization of sterilization procedures
10 pursuant to chapter 39, title 39, Idaho Code.
11 (25) The physical voter registration card on file in the county clerk's
12 office; however, a redacted copy of said card shall be made available consis-
13 tent with the requirements of this section. Information from the voter regis-
14 tration card maintained in the statewide voter registration database, includ-
15 ing age, will be made available except for the voter's driver's license num-
16 ber, date of birth and, upon showing of good cause by the voter to the county
17 clerk in consultation with the county prosecuting attorney, the physical resi-
18 dence address of the voter. For the purposes of this subsection good cause
19 shall include the protection of life and property and protection of victims of
20 domestic violence and similar crimes.
21 (26) Records revealing any residential address, telephone number or
22 descriptions, plans or blueprints of any residence of any active or retired
23 supreme court justice, judge of the court of appeals, district judge or magis-
24 trate judge, including, but not limited to, any such records kept by any
25 assessor or county recorder, provided however that this subsection does not
26 prohibit access to records held by a county recorder by licensed title insur-
27 ers, title insurance agents or escrow agents and does not prohibit access to
28 any instrument by parties to the instrument or their attorneys.
STATEMENT OF PURPOSE
This bill would help to protect judges by making their
personal information less accessible. Several recent
incidents have highlighted the need to address this concern,
including the killings of the husband and mother of federal
Judge Joan Lefkow in her Illinois home, apparently by a
disgruntled litigant. The bill would exempt judges'
addresses, telephone numbers and other information
concerning their residences from public disclosure. It
would continue to permit access to county recorders' records
by those having a professional need to view such documents,
including title insurers and escrow agents, and would also
allow persons who are parties to instruments to have access
to those instruments.
This bill would have no impact on the general fund.
Name: Patricia Tobias, Administrative Director of the Courts
STATEMENT OF PURPOSE/FISCAL NOTE H 715