2007 Legislation
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SENATE BILL NO. 1030 – Surplus lines assn, records

SENATE BILL NO. 1030

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Bill Status



S1030aa.....................................by COMMERCE AND HUMAN RESOURCES
SURPLUS LINE ASSOCIATION - Amends existing law to provide that certain
records relating to policies, endorsements and affidavits filed with or by
a surplus line association shall be exempt from disclosure.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to Com/HuRes
02/16    Rpt out - to 14th Ord
02/26    Rpt out amen - to engros
02/27    Rpt engros - 1st rdg - to 2nd rdg as amen
02/28    2nd rdg - to 3rd rdg as amen
03/01    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner
    Floor Sponsor - Goedde
    Title apvd - to House
03/02    House intro - 1st rdg - to St Aff
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Lake, LeFavour, Loertscher,
      Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude,
      Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Clark, Kren, Labrador, Moyle, Smith(24)
    Floor Sponsor - Black
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 88
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1030
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340D, IDAHO  CODE,  TO  PROVIDE
  3        THAT  RECORDS  OF  POLICIES, ENDORSEMENTS, AFFIDAVITS AND ANY RECORDS THAT
  4        DISCUSS POLICIES, ENDORSEMENTS AND AFFIDAVITS THAT MAY BE REQUIRED  TO  BE
  5        FILED  WITH OR BY A SURPLUS LINE ASSOCIATION PURSUANT TO CHAPTER 12, TITLE
  6        41, IDAHO CODE, SHALL BE EXEMPT FROM DISCLOSURE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 9-340D, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        9-340D.  RECORDS  EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS, PRODUCTION
 11    RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records  are
 12    exempt from disclosure:
 13        (1)  Trade  secrets including those contained in response to public agency
 14    or independent public  body  corporate  and  politic  requests  for  proposal,
 15    requests  for  clarification,  requests  for information and similar requests.
 16    "Trade secrets" as used in this section means information,  including  a  for-
 17    mula,  pattern,  compilation, program, computer program, device, method, tech-
 18    nique, process, or unpublished or in progress research that:
 19        (a)  Derives independent economic value, actual  or  potential,  from  not
 20        being  generally  known  to, and not being readily ascertainable by proper
 21        means by other persons who can obtain economic value from  its  disclosure
 22        or use; and
 23        (b)  Is the subject of efforts that are reasonable under the circumstances
 24        to maintain its secrecy.
 25        (2)  Production records, housing production, rental and financing records,
 26    sale or purchase records, catch records, mortgage portfolio loan documents, or
 27    similar business records of a private concern or enterprise required by law to
 28    be  submitted  to or inspected by a public agency or submitted to or otherwise
 29    obtained by an independent public body corporate and politic. Nothing in  this
 30    subsection shall limit the use which can be made of such information for regu-
 31    latory purposes or its admissibility in any enforcement proceeding.
 32        (3)  Records relating to the appraisal of real property, timber or mineral
 33    rights  prior to its acquisition, sale or lease by a public agency or indepen-
 34    dent public body corporate and politic.
 35        (4)  Any estimate prepared by a public agency or independent  public  body
 36    corporate  and  politic  that  details the cost of a public project until such
 37    time as disclosed or bids are opened, or upon award of the contract  for  con-
 38    struction of the public project.
 39        (5)  Examination,  operating or condition reports and all documents relat-
 40    ing thereto, prepared by or supplied to any public agency or independent  pub-
 41    lic  body  corporate and politic responsible for the regulation or supervision
 42    of financial institutions including, but not limited to,  banks,  savings  and
 43    loan associations, regulated lenders, business and industrial development cor-
                                                                        
                                       2
                                                                        
  1    porations,  credit  unions,  and insurance companies, or for the regulation or
  2    supervision of the issuance of securities.
  3        (6)  Records gathered by a local agency or the Idaho  department  of  com-
  4    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
  5    pose  of assisting a person to locate, maintain, invest in, or expand business
  6    operations in the state of Idaho.
  7        (7)  Shipping and marketing records of commodity commissions used to eval-
  8    uate marketing and advertising strategies and the names and addresses of grow-
  9    ers  and shippers maintained by commodity commissions.
 10        (8)  Financial statements and business information and  reports  submitted
 11    by  a legal entity to a port district organized under title 70, Idaho Code, in
 12    connection with a business agreement, or with a development proposal or with a
 13    financing application for any industrial,  manufacturing,  or  other  business
 14    activity within a port district.
 15        (9)  Names  and  addresses of seed companies, seed crop growers, seed crop
 16    consignees, locations of seed crop fields, variety name and acreage  by  vari-
 17    ety.  Upon  the request of the owner of the proprietary variety, this informa-
 18    tion shall be released to the owner. Provided however, that if a seed crop has
 19    been identified as diseased or has been  otherwise  identified  by  the  Idaho
 20    department  of  agriculture,  other  state  departments of agriculture, or the
 21    United States department of agriculture to represent a threat to that particu-
 22    lar seed or commercial crop industry or to individual growers, information  as
 23    to  test results, location, acreage involved and disease symptoms of that par-
 24    ticular seed crop, for that growing season,  shall  be  available  for  public
 25    inspection  and  copying. This exemption shall not supersede the provisions of
 26    section 22-436, Idaho Code.
 27        (10) Information obtained from books, records  and  accounts  required  in
 28    chapter  47,  title  22,  Idaho Code, to be maintained by the Idaho canola and
 29    rapeseed commission and pertaining to the individual production records of ca-
 30    nola or rapeseed growers.
 31        (11) Records of any risk retention or self-insurance program  prepared  in
 32    anticipation  of  litigation  or for analysis of or settlement of potential or
 33    actual money damage claims against  a  public  entity  and  its  employees  or
 34    against the industrial special indemnity fund except as otherwise discoverable
 35    under  the  Idaho  or  federal  rules  of civil procedure. These records shall
 36    include, but are not limited to, claims  evaluations,  investigatory  records,
 37    computerized  reports  of losses, case reserves, internal documents and corre-
 38    spondence relating thereto. At the time any claim is concluded, only statisti-
 39    cal data and actual amounts paid in settlement shall be deemed a public record
 40    unless otherwise ordered to be sealed by a court  of  competent  jurisdiction.
 41    Provided however, nothing in this subsection is intended to limit the attorney
 42    client privilege or attorney work product privilege otherwise available to any
 43    public agency or independent public body corporate and politic.
 44        (12) Records  of  laboratory  test  results provided by or retained by the
 45    Idaho food quality assurance laboratory.  Nothing  in  this  subsection  shall
 46    limit  the use which can be made, or availability of such information if used,
 47    for regulatory purposes or its admissibility in any enforcement proceeding.
 48        (13) Reports required to be filed under chapter 13, title 62, Idaho  Code,
 49    identifying  electrical or natural or manufactured gas consumption data for an
 50    individual customer or account.
 51        (14) Voluntarily prepared environmental audits, and voluntary  disclosures
 52    of  information  submitted on or before December 31, 1997, to an environmental
 53    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 54    dential business information.
 55        (15) Computer programs developed or purchased by or for any public  agency
                                                                        
                                       3
                                                                        
  1    or  independent  public body corporate and politic for its own use. As used in
  2    this subsection, "computer program" means a series of instructions  or  state-
  3    ments  which  permit the functioning of a computer system in a manner designed
  4    to provide storage, retrieval and manipulation of data from the computer  sys-
  5    tem,  and any associated documentation and source material that explain how to
  6    operate the computer program. Computer program does not include:
  7        (a)  The original data including,  but  not  limited  to,  numbers,  text,
  8        voice, graphics and images;
  9        (b)  Analysis,  compilation  and  other  manipulated forms of the original
 10        data produced by use of the program; or
 11        (c)  The mathematical or statistical formulas that would be  used  if  the
 12        manipulated forms of the original data were to be produced manually.
 13        (16) Active  investigative records and trademark usage audits of the Idaho
 14    potato commission specifically relating to  the  enforcement  of  chapter  12,
 15    title 22, Idaho Code, until the commencement of formal proceedings as provided
 16    by  rules  of  the commission; purchase and sales information submitted to the
 17    Idaho potato commission during a trademark usage audit, and  investigation  or
 18    enforcement  proceedings.  Inactive  investigatory  records shall be disclosed
 19    unless the disclosure would violate the standards  set  forth  in  subsections
 20    (1)(a)  through  (f)  of section 9-335, Idaho Code. Nothing in this subsection
 21    shall limit the use which can be made, or availability of such information  if
 22    used, for regulatory purposes or its admissibility in any enforcement proceed-
 23    ing.
 24        (17) All  records  copied or obtained by the director of the department of
 25    agriculture or his designee as a result of an inspection pursuant  to  section
 26    25-3806, Idaho Code, except:
 27        (a)  Records otherwise deemed to be public records not exempt from disclo-
 28        sure pursuant to this chapter; and
 29        (b)  Inspection reports, determinations of compliance or noncompliance and
 30        all other records created by the director or his designee pursuant to sec-
 31        tion 25-3806, Idaho Code.
 32        (18) All  data  and information collected by the division of animal indus-
 33    tries or the state brand board pursuant to the provisions of section  25-207B,
 34    Idaho Code, or rules promulgated thereunder.
 35        (19) Records  disclosed  to  a county official by the state tax commission
 36    pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
 37        (20) Records, data, information and materials collected, developed, gener-
 38    ated, ascertained or discovered during the course of academic research at pub-
 39    lic institutions of higher education if the disclosure of such  could  reason-
 40    ably affect the conduct or outcome of the research, or the ability of the pub-
 41    lic  institution  of  higher education  to patent or copyright the research or
 42    protect intellectual property.
 43        (21) Records, data, information and materials collected or utilized during
 44    the course of academic research at public  institutions  of  higher  education
 45    provided  by  any person or entity other than the public institution of higher
 46    education or a public agency.
 47        (22) The exemptions from disclosure provided in subsections (20) and  (21)
 48    of  this  section  shall  apply  only  until the academic research is publicly
 49    released, copyrighted or patented, or until the academic research is completed
 50    or terminated. At such time, the records,  data,  information,  and  materials
 51    shall  be  subject  to public disclosure unless: (a) another exemption in this
 52    chapter applies; (b) such information was provided to the institution  subject
 53    to a written agreement of confidentiality; or (c) public disclosure would pose
 54    a danger to persons or property.
 55        (23) The  exemptions from disclosure provided in subsections (20) and (21)
                                                                        
                                       4
                                                                        
  1    of this section do not include basic information about a  particular  research
  2    project  that is otherwise subject to public disclosure, such as the nature of
  3    the academic research, the name of the researcher, and the amount  and  source
  4    of the funding provided for the project.
  5        (24) Records  of  a  county  assessor  containing  information showing the
  6    income and expenses of a taxpayer,  which  information  was  provided  to  the
  7    assessor  by  the  taxpayer  to  permit the assessor to determine the value of
  8    property of the taxpayer.
  9        (25) Records of policies, endorsements, affidavits and  any  records  that
 10    discuss policies, endorsements and affidavits that may be required to be filed
 11    with  or by a surplus line association pursuant to chapter 12, title 41, Idaho
 12    Code.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Goedde              
                                                                        
                                                     Seconded by Davis               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1030
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 4 of the printed bill, in line 9,  delete  "Records"  and  insert:
  3    "For policies that are owned by private persons, and not by a public agency of
  4    the state of Idaho, records".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On  page  1,  delete  lines  3 through 6 and insert: "THAT CERTAIN RECORDS
  7    RELATING TO POLICIES, ENDORSEMENTS AND AFFIDAVITS FILED WITH OR BY  A  SURPLUS
  8    LINE ASSOCIATION SHALL BE EXEMPT FROM DISCLOSURE.".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1030, As Amended
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340D, IDAHO  CODE,  TO  PROVIDE
  3        THAT  CERTAIN  RECORDS  RELATING  TO POLICIES, ENDORSEMENTS AND AFFIDAVITS
  4        FILED WITH OR BY A SURPLUS LINE ASSOCIATION SHALL BE EXEMPT  FROM  DISCLO-
  5        SURE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  9-340D, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        9-340D.  RECORDS EXEMPT  FROM  DISCLOSURE  --  TRADE  SECRETS,  PRODUCTION
 10    RECORDS,  APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
 11    exempt from disclosure:
 12        (1)  Trade secrets including those contained in response to public  agency
 13    or  independent  public  body  corporate  and  politic  requests for proposal,
 14    requests for clarification, requests for  information  and  similar  requests.
 15    "Trade  secrets"  as  used in this section means information, including a for-
 16    mula, pattern, compilation, program, computer program, device,  method,  tech-
 17    nique, process, or unpublished or in progress research that:
 18        (a)  Derives  independent  economic  value,  actual or potential, from not
 19        being generally known to, and not being readily  ascertainable  by  proper
 20        means  by  other persons who can obtain economic value from its disclosure
 21        or use; and
 22        (b)  Is the subject of efforts that are reasonable under the circumstances
 23        to maintain its secrecy.
 24        (2)  Production records, housing production, rental and financing records,
 25    sale or purchase records, catch records, mortgage portfolio loan documents, or
 26    similar business records of a private concern or enterprise required by law to
 27    be submitted to or inspected by a public agency or submitted to  or  otherwise
 28    obtained  by an independent public body corporate and politic. Nothing in this
 29    subsection shall limit the use which can be made of such information for regu-
 30    latory purposes or its admissibility in any enforcement proceeding.
 31        (3)  Records relating to the appraisal of real property, timber or mineral
 32    rights prior to its acquisition, sale or lease by a public agency or  indepen-
 33    dent public body corporate and politic.
 34        (4)  Any  estimate  prepared by a public agency or independent public body
 35    corporate and politic that details the cost of a  public  project  until  such
 36    time  as  disclosed or bids are opened, or upon award of the contract for con-
 37    struction of the public project.
 38        (5)  Examination, operating or condition reports and all documents  relat-
 39    ing  thereto, prepared by or supplied to any public agency or independent pub-
 40    lic body corporate and politic responsible for the regulation  or  supervision
 41    of  financial  institutions  including, but not limited to, banks, savings and
 42    loan associations, regulated lenders, business and industrial development cor-
 43    porations, credit unions, and insurance companies, or for  the  regulation  or
                                                                        
                                       2
                                                                        
  1    supervision of the issuance of securities.
  2        (6)  Records  gathered  by  a local agency or the Idaho department of com-
  3    merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
  4    pose of assisting a person to locate, maintain, invest in, or expand  business
  5    operations in the state of Idaho.
  6        (7)  Shipping and marketing records of commodity commissions used to eval-
  7    uate marketing and advertising strategies and the names and addresses of grow-
  8    ers  and shippers maintained by commodity commissions.
  9        (8)  Financial  statements  and business information and reports submitted
 10    by a legal entity to a port district organized under title 70, Idaho Code,  in
 11    connection with a business agreement, or with a development proposal or with a
 12    financing  application  for  any  industrial, manufacturing, or other business
 13    activity within a port district.
 14        (9)  Names and addresses of seed companies, seed crop growers,  seed  crop
 15    consignees,  locations  of seed crop fields, variety name and acreage by vari-
 16    ety. Upon the request of the owner of the proprietary variety,  this  informa-
 17    tion shall be released to the owner. Provided however, that if a seed crop has
 18    been  identified  as  diseased  or  has been otherwise identified by the Idaho
 19    department of agriculture, other state  departments  of  agriculture,  or  the
 20    United States department of agriculture to represent a threat to that particu-
 21    lar  seed or commercial crop industry or to individual growers, information as
 22    to test results, location, acreage involved and disease symptoms of that  par-
 23    ticular  seed  crop,  for  that  growing season, shall be available for public
 24    inspection and copying. This exemption shall not supersede the  provisions  of
 25    section 22-436, Idaho Code.
 26        (10) Information  obtained  from  books,  records and accounts required in
 27    chapter 47, title 22, Idaho Code, to be maintained by  the  Idaho  canola  and
 28    rapeseed commission and pertaining to the individual production records of ca-
 29    nola or rapeseed growers.
 30        (11) Records  of  any risk retention or self-insurance program prepared in
 31    anticipation of litigation or for analysis of or settlement  of  potential  or
 32    actual  money  damage  claims  against  a  public  entity and its employees or
 33    against the industrial special indemnity fund except as otherwise discoverable
 34    under the Idaho or federal rules  of  civil  procedure.  These  records  shall
 35    include,  but  are  not limited to, claims evaluations, investigatory records,
 36    computerized reports of losses, case reserves, internal documents  and  corre-
 37    spondence relating thereto. At the time any claim is concluded, only statisti-
 38    cal data and actual amounts paid in settlement shall be deemed a public record
 39    unless  otherwise  ordered  to be sealed by a court of competent jurisdiction.
 40    Provided however, nothing in this subsection is intended to limit the attorney
 41    client privilege or attorney work product privilege otherwise available to any
 42    public agency or independent public body corporate and politic.
 43        (12) Records of laboratory test results provided by  or  retained  by  the
 44    Idaho  food  quality  assurance  laboratory.  Nothing in this subsection shall
 45    limit the use which can be made, or availability of such information if  used,
 46    for regulatory purposes or its admissibility in any enforcement proceeding.
 47        (13) Reports  required to be filed under chapter 13, title 62, Idaho Code,
 48    identifying electrical or natural or manufactured gas consumption data for  an
 49    individual customer or account.
 50        (14) Voluntarily  prepared environmental audits, and voluntary disclosures
 51    of information submitted on or before December 31, 1997, to  an  environmental
 52    agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
 53    dential business information.
 54        (15) Computer  programs developed or purchased by or for any public agency
 55    or independent public body corporate and politic for its own use. As  used  in
                                                                        
                                       3
                                                                        
  1    this  subsection,  "computer program" means a series of instructions or state-
  2    ments which permit the functioning of a computer system in a  manner  designed
  3    to  provide storage, retrieval and manipulation of data from the computer sys-
  4    tem, and any associated documentation and source material that explain how  to
  5    operate the computer program. Computer program does not include:
  6        (a)  The  original  data  including,  but  not  limited to, numbers, text,
  7        voice, graphics and images;
  8        (b)  Analysis, compilation and other manipulated  forms  of  the  original
  9        data produced by use of the program; or
 10        (c)  The  mathematical  or  statistical formulas that would be used if the
 11        manipulated forms of the original data were to be produced manually.
 12        (16) Active investigative records and trademark usage audits of the  Idaho
 13    potato  commission  specifically  relating  to  the enforcement of chapter 12,
 14    title 22, Idaho Code, until the commencement of formal proceedings as provided
 15    by rules of the commission; purchase and sales information  submitted  to  the
 16    Idaho  potato  commission during a trademark usage audit, and investigation or
 17    enforcement proceedings. Inactive investigatory  records  shall  be  disclosed
 18    unless  the  disclosure  would  violate the standards set forth in subsections
 19    (1)(a) through (f) of section 9-335, Idaho Code. Nothing  in  this  subsection
 20    shall  limit the use which can be made, or availability of such information if
 21    used, for regulatory purposes or its admissibility in any enforcement proceed-
 22    ing.
 23        (17) All records copied or obtained by the director of the  department  of
 24    agriculture  or  his designee as a result of an inspection pursuant to section
 25    25-3806, Idaho Code, except:
 26        (a)  Records otherwise deemed to be public records not exempt from disclo-
 27        sure pursuant to this chapter; and
 28        (b)  Inspection reports, determinations of compliance or noncompliance and
 29        all other records created by the director or his designee pursuant to sec-
 30        tion 25-3806, Idaho Code.
 31        (18) All data and information collected by the division of  animal  indus-
 32    tries  or the state brand board pursuant to the provisions of section 25-207B,
 33    Idaho Code, or rules promulgated thereunder.
 34        (19) Records disclosed to a county official by the  state  tax  commission
 35    pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
 36        (20) Records, data, information and materials collected, developed, gener-
 37    ated, ascertained or discovered during the course of academic research at pub-
 38    lic  institutions  of higher education if the disclosure of such could reason-
 39    ably affect the conduct or outcome of the research, or the ability of the pub-
 40    lic institution of higher education  to patent or copyright  the  research  or
 41    protect intellectual property.
 42        (21) Records, data, information and materials collected or utilized during
 43    the  course  of  academic  research at public institutions of higher education
 44    provided by any person or entity other than the public institution  of  higher
 45    education or a public agency.
 46        (22) The  exemptions from disclosure provided in subsections (20) and (21)
 47    of this section shall apply only  until  the  academic  research  is  publicly
 48    released, copyrighted or patented, or until the academic research is completed
 49    or  terminated.  At  such  time, the records, data, information, and materials
 50    shall be subject to public disclosure unless: (a) another  exemption  in  this
 51    chapter  applies; (b) such information was provided to the institution subject
 52    to a written agreement of confidentiality; or (c) public disclosure would pose
 53    a danger to persons or property.
 54        (23) The exemptions from disclosure provided in subsections (20) and  (21)
 55    of  this  section do not include basic information about a particular research
                                                                        
                                       4
                                                                        
  1    project that is otherwise subject to public disclosure, such as the nature  of
  2    the  academic  research, the name of the researcher, and the amount and source
  3    of the funding provided for the project.
  4        (24) Records of a  county  assessor  containing  information  showing  the
  5    income  and  expenses  of  a  taxpayer,  which information was provided to the
  6    assessor by the taxpayer to permit the assessor  to  determine  the  value  of
  7    property of the taxpayer.
  8        (25) For  policies  that are owned by private persons, and not by a public
  9    agency of the state of Idaho, records of  policies,  endorsements,  affidavits
 10    and any records that discuss policies, endorsements and affidavits that may be
 11    required to be filed with or by a surplus line association pursuant to chapter
 12    12, title 41, Idaho Code.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS 16606
                            
The purpose of this legislation is to clarify that records of policies,
endorsements and affidavits and any records that discuss policies,
endorsements and affidavits that may be required to be filed with or by
a surplus line association pursuant to Chapter 12, title 41, Idaho Code
are exempt from disclosure under the Public Records Act, Chapter 3,
Title 9, Idaho Code.
 
 
                           FISCAL IMPACT
                            
There is no impact on the general fund, other state funds or on local
government.
 
 
 
 
Contact
Name:  Woody Richards 
Surplus Line Association
Phone: 208-345-8371                        
 
 
STATEMENT OF PURPOSE/FISCAL NOTE                              S 1030