2006 Legislation
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HOUSE BILL NO. 568 – Agric field burning, records/notice


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H0568...............................................by AGRICULTURAL AFFAIRS
AGRICULTURAL FIELD BURNING - Amends existing law relating to agricultural
field burning to provide that a public records exemption shall not apply to
certain information; and to provide that the Department of Agriculture
shall provide advance notice and shall post information regarding
agricultural field burning.
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to Agric Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 568
                             BY AGRICULTURAL AFFAIRS COMMITTEE
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Section 9-340D, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
 13    exempt from disclosure:
 14        (1)  Trade  secrets including those contained in response to public agency
 15    or independent public  body  corporate  and  politic  requests  for  proposal,
 16    requests  for  clarification,  requests  for information and similar requests.
 17    "Trade secrets" as used in this section means information,  including  a  for-
 18    mula,  pattern,  compilation, program, computer program, device, method, tech-
 19    nique, process, or unpublished or in progress research that:
 20        (a)  Derives independent economic value, actual  or  potential,  from  not
 21        being  generally  known  to, and not being readily ascertainable by proper
 22        means by other persons who can obtain economic value from  its  disclosure
 23        or use; and
 24        (b)  Is the subject of efforts that are reasonable under the circumstances
 25        to maintain its secrecy.
 26        (2)  Production records, housing production, rental and financing records,
 27    sale or purchase records, catch records, mortgage portfolio loan documents, or
 28    similar business records of a private concern or enterprise required by law to
 29    be  submitted  to or inspected by a public agency or submitted to or otherwise
 30    obtained by an independent public body corporate and politic. Nothing in  this
 31    subsection shall limit the use which can be made of such information for regu-
 32    latory purposes or its admissibility in any enforcement proceeding.
 33        (3)  Records relating to the appraisal of real property, timber or mineral
 34    rights  prior to its acquisition, sale or lease by a public agency or indepen-
 35    dent public body corporate and politic.
 36        (4)  Any estimate prepared by a public agency or independent  public  body
 37    corporate  and  politic  that  details the cost of a public project until such
 38    time as disclosed or bids are opened, or upon award of the contract  for  con-
 39    struction of the public project.
 40        (5)  Examination,  operating or condition reports and all documents relat-
 41    ing thereto, prepared by or supplied to any public agency or independent  pub-
 42    lic  body  corporate and politic responsible for the regulation or supervision
 43    of financial institutions including, but not limited to,  banks,  savings  and
  1    loan associations, regulated lenders, business and industrial development cor-
  2    porations,  credit  unions,  and insurance companies, or for the regulation or
  3    supervision of the issuance of securities.
  4        (6)  Records gathered by a local agency or the Idaho  department  of  com-
  5    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
  6    pose  of assisting a person to locate, maintain, invest in, or expand business
  7    operations in the state of Idaho.
  8        (7)  Shipping and marketing records of commodity commissions used to eval-
  9    uate  marketing and advertising strategies and  the  names  and  addresses  of
 10    growers and shippers maintained by commodity commissions.
 11        (8)  Financial  statements  and business information and reports submitted
 12    by a legal entity to a port district organized under title 70, Idaho Code,  in
 13    connection with a business agreement, or with a development proposal or with a
 14    financing  application  for  any  industrial, manufacturing, or other business
 15    activity within a port district.
 16        (9)  Names and addresses of seed companies, seed crop growers,  seed  crop
 17    consignees,  locations  of seed crop fields, variety name and acreage by vari-
 18    ety. Upon the request of the owner of the proprietary variety,  this  informa-
 19    tion shall be released to the owner. Provided however, that if a seed crop has
 20    been  identified  as  diseased  or  has been otherwise identified by the Idaho
 21    department of agriculture, other state  departments  of  agriculture,  or  the
 22    United States department of agriculture to represent a threat to that particu-
 23    lar  seed or commercial crop industry or to individual growers, information as
 24    to test results, location, acreage involved and disease symptoms of that  par-
 25    ticular  seed  crop,  for  that  growing season, shall be available for public
 26    inspection and copying. Provided further, this exemption shall  not  apply  to
 27    any information relating to the open burning of crop residue grown in agricul-
 28    tural  fields  including,  but  not limited to, information regarding specific
 29    property locations, acreage to be burned, and time frames  for  burning.  This
 30    exemption shall not supersede the provisions of section 22-436, Idaho Code.
 31        (10) Information  obtained  from  books,  records and accounts required in
 32    chapter 47, title 22, Idaho Code, to be maintained by  the  Idaho  canola  and
 33    rapeseed commission and pertaining to the individual production records of ca-
 34    nola or rapeseed growers.
 35        (11) Records  of  any risk retention or self-insurance program prepared in
 36    anticipation of litigation or for analysis of or settlement  of  potential  or
 37    actual  money  damage  claims  against  a  public  entity and its employees or
 38    against the industrial special indemnity fund except as otherwise discoverable
 39    under the Idaho or federal rules  of  civil  procedure.  These  records  shall
 40    include,  but  are  not limited to, claims evaluations, investigatory records,
 41    computerized reports of losses, case reserves, internal documents  and  corre-
 42    spondence relating thereto. At the time any claim is concluded, only statisti-
 43    cal data and actual amounts paid in settlement shall be deemed a public record
 44    unless  otherwise  ordered  to be sealed by a court of competent jurisdiction.
 45    Provided however, nothing in this subsection is intended to limit the attorney
 46    client privilege or attorney work product privilege otherwise available to any
 47    public agency or independent public body corporate and politic.
 48        (12) Records of laboratory test results provided by  or  retained  by  the
 49    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 50    limit the use which can be made, or availability of such information if  used,
 51    for regulatory purposes or its admissibility in any enforcement proceeding.
 52        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 53    identifying electrical or natural or manufactured  gas  consumption  data  for
 54    an individual customer or account.
 55        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
  1    of information submitted on or before December 31, 1997, to  an  environmental
  2    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
  3    dential business information.
  4        (15) Computer  programs developed or purchased by or for any public agency
  5    or independent public body corporate and politic for its own use. As  used  in
  6    this  subsection,  "computer program" means a series of instructions or state-
  7    ments which permit  the functioning of a computer system in a manner  designed
  8    to  provide storage, retrieval and manipulation of data from the computer sys-
  9    tem, and any associated documentation and source material that explain how  to
 10    operate the computer program. Computer program does not include:
 11        (a)  The  original  data  including,  but  not  limited to, numbers, text,
 12        voice, graphics and images;
 13        (b)  Analysis, compilation and other manipulated  forms  of  the  original
 14        data produced by use of the program; or
 15        (c)  The  mathematical  or  statistical formulas that would be used if the
 16        manipulated forms of the original data were to be produced manually.
 17        (16) Active investigative records and trademark usage audits of the  Idaho
 18    potato  commission  specifically  relating  to  the enforcement of chapter 12,
 19    title 22, Idaho Code, until the commencement of formal proceedings as provided
 20    by rules of the commission; purchase and sales information  submitted  to  the
 21    Idaho  potato  commission during a trademark usage audit, and investigation or
 22    enforcement proceedings. Inactive investigatory  records  shall  be  disclosed
 23    unless  the  disclosure  would  violate the standards set forth in subsections
 24    (1)(a) through (f) of section 9-335, Idaho Code. Nothing  in  this  subsection
 25    shall  limit the use which can be made, or availability of such information if
 26    used, for regulatory purposes or its admissibility in any enforcement proceed-
 27    ing.
 28        (17) All records copied or obtained by the director of the  department  of
 29    agriculture  or  his designee as a result of an inspection pursuant to section
 30    25-3806, Idaho Code, except:
 31        (a)  Records otherwise deemed to be public records not exempt from disclo-
 32        sure pursuant to this chapter; and
 33        (b)  Inspection reports, determinations of compliance or noncompliance and
 34        all other records created by the director or his designee pursuant to sec-
 35        tion 25-3806, Idaho Code.
 36        (18) All data and information collected by the division of  animal  indus-
 37    tries  or the state brand board pursuant to the provisions of section 25-207B,
 38    Idaho Code, or rules promulgated thereunder.
 39        (19) Records disclosed to a county official by the  state  tax  commission
 40    pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
 41        (20) Records, data, information and materials collected, developed, gener-
 42    ated, ascertained or discovered during the course of academic research at pub-
 43    lic  institutions  of higher education if the disclosure of such could reason-
 44    ably affect the conduct or outcome of the research, or the ability of the pub-
 45    lic institution of higher education  to patent or copyright  the  research  or
 46    protect intellectual property.
 47        (21) Records, data, information and materials collected or utilized during
 48    the  course  of  academic  research at public institutions of higher education
 49    provided by any person or entity other than the public institution  of  higher
 50    education or a public agency.
 51        (22) The  exemptions from disclosure provided in subsections (20) and (21)
 52    of this section shall apply only  until  the  academic  research  is  publicly
 53    released, copyrighted or patented, or until the academic research is completed
 54    or  terminated.  At  such  time, the records, data, information, and materials
 55    shall be subject to public disclosure unless: (a) another  exemption  in  this
  1    chapter  applies; (b) such information was provided to the institution subject
  2    to a written agreement of confidentiality; or (c) public disclosure would pose
  3    a danger to persons or property.
  4        (23) The exemptions from disclosure provided in subsections (20) and  (21)
  5    of  this  section do not include basic information about a particular research
  6    project that is  otherwise subject to public disclosure, such as the nature of
  7    the academic research, the name of the researcher, and the amount  and  source
  8    of the funding provided for the project.
  9        (204) Records  of  a  county  assessor  containing information showing the
 10    income and expenses of a taxpayer,  which  information  was  provided  to  the
 11    assessor  by  the  taxpayer  to  permit the assessor to determine the value of
 12    property of the taxpayer.
 13        SECTION 2.  That Section 22-4803, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
 15        22-4803.  AGRICULTURAL FIELD BURNING. (1) The open burning of crop residue
 16    grown  in  agricultural fields shall be an allowable form of open burning when
 17    the provisions of this chapter, and any rules  promulgated  pursuant  thereto,
 18    and  the  environmental  protection  and health act, and any rules promulgated
 19    pursuant thereto, are met, and when no other economically viable  alternatives
 20    to burning are available, as determined by the director, for the purpose of:
 21        (a)  Disposing of crop residues;
 22        (b)  Developing  physiological  conditions  conducive  to  increased  crop
 23        yields; or
 24        (c)  Controlling diseases, insects, pests or weed infestations.
 25        (2)  The  following provisions shall apply to all agricultural field burn-
 26    ing:
 27        (a)  In order to minimize impacts upon populated  areas  of  the  counties
 28        designated  in  subsection (3) of this section, any person conducting crop
 29        residue burning must make  every  reasonable  effort  to  burn  only  when
 30        weather  conditions  are  conducive  to adequate smoke dispersion, and the
 31        burning does not emit particulates or  other  material  which  exceed  the
 32        state and federal ambient air quality standards; and
 33        (b)  The  open  burning  of  crop  residue shall be conducted in the field
 34        where it was generated.
 35        (3)  In Kootenai, Benewah, Boundary, Bonner, Shoshone, Latah,  Clearwater,
 36    Nez  Perce,  Lewis  and Idaho counties, the legislature finds that there are a
 37    great many cereal grain, field grass, forage grass, and turf grass fields, and
 38    it is a practice to burn these fields to control disease, weeds and  pests  in
 39    these  counties.  Therefore,  in  the counties specifically identified in this
 40    subsection, no person shall conduct or allow any crop residue burning  without
 41    first  registering  each  field  with the department each year burning is con-
 42    ducted, and without first receiving authorization from the department that the
 43    conditions of subsection (2)(a) of this section are met. This provision is not
 44    met unless all information required by  the  department  for  registration  is
 45    received by the department prior to field ignition.
 46        (4)  The  use  of  reburn  machines,  propane flamers, or other devices to
 47    ignite or reignite a field for the purpose of crop residue  burning  shall  be
 48    considered an allowable form of open burning when the provisions of this chap-
 49    ter,  and any rules promulgated pursuant thereto, the environmental protection
 50    and health act, and any rules promulgated thereto, are met.
 51        (5)  Any rules promulgated by the DEQ relating to opacity standards  shall
 52    not apply to crop residue burning.
 53        (6)  The  department  shall  provide  advance notice to the respective law
  1    enforcement agencies and emergency services in an affected area regarding  the
  2    specific  date,  time  and location of an approved agricultural field burning.
  3    The department shall also post such information  on  its  website  for  public
  4    notification purposes.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15486

This legislation relates to agricultural field burning; amending
Section 9-340D, Idaho Code, to provide that a public records
exemption shall not apply to certain information relating to
agricultural field burning and to make a technical correction;
and amending Section 22-4803, Idaho Code, to provide that the
Department of Agriculture shall provide advance notice and shall
post information regarding agricultural field burning.

                           FISCAL NOTE

There will be no impact on the General Fund.

Name: Representative Tom Trail 
Phone: (208) 332-1000
Senator Shawn Keough
Representative Shirley Ringo

STATEMENT OF PURPOSE/FISCAL NOTE                         H 568