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S1311.......................................by COMMERCE AND HUMAN RESOURCES
EMPLOYMENT SECURITY LAW - Amends existing law to provide that employment
security information shall be exempt from disclosure; to provide
exceptions; to authorize rulemaking relating to disclosure; to revise and
provide for additional personal eligibility conditions for benefit
claimants; to provide a civil penalty; to provide that each act of
unauthorized disclosure shall constitute a misdemeanor; and to provide that
employment security information may be disclosed to third parties provided
there is written, informed consent.
01/18 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Com/HuRes
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Cameron
Title apvd - to House
02/13 House intro - 1st rdg - to Com/HuRes
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Durst, Henderson, Roberts
Floor Sponsor - Thayn
Title apvd - to Senate
03/07 To enrol
03/10 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/14 Governor signed
Session Law Chapter 99
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1311 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1342, IDAHO CODE, 3 TO PROVIDE THAT SPECIFIED EMPLOYMENT SECURITY INFORMATION SHALL BE EXEMPT 4 FROM DISCLOSURE, TO PROVIDE EXCEPTIONS AND TO AUTHORIZE THE DIRECTOR OF 5 THE DEPARTMENT OF LABOR TO PROMULGATE RULES RELATING TO DISCLOSURE; AMEND- 6 ING SECTION 72-1366, IDAHO CODE, TO REVISE AND TO PROVIDE FOR ADDITIONAL 7 PERSONAL ELIGIBILITY CONDITIONS FOR BENEFIT CLAIMANTS AND TO MAKE TECHNI- 8 CAL CORRECTIONS; AMENDING SECTION 72-1372, IDAHO CODE, TO PROVIDE A CIVIL 9 PENALTY RELATING TO UNAUTHORIZED DISCLOSURE OF EMPLOYMENT SECURITY INFOR- 10 MATION AND TO REFERENCE SPECIFIC PENALTIES; AMENDING SECTION 72-1374, 11 IDAHO CODE, TO PROVIDE THAT EACH ACT OF CERTAIN UNAUTHORIZED DISCLOSURE OF 12 EMPLOYMENT SECURITY INFORMATION BY SPECIFIED PERSONS SHALL CONSTITUTE A 13 MISDEMEANOR; AND AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE THAT CER- 14 TAIN EMPLOYMENT SECURITY INFORMATION MAY BE DISCLOSED TO THIRD PARTIES 15 PROVIDED THERE IS WRITTEN, INFORMED CONSENT, TO PROVIDE FOR APPLICABILITY 16 OF A TERM AND TO MAKE A TECHNICAL CORRECTION. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 72-1342, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 72-1342. DISCLOSURE OF INFORMATION. Employment security iInformation, 21obtained from any employer or individual pursuant to the administration of22this chapter, and determinations of the benefit rights of any individualas 23 defined in section 9-340C(7), Idaho Code, shall besubject toexempt from dis- 24 closure as provided in chapter 3, title 9, Idaho Code, except that such infor- 25 mation may be disclosed as is necessary for the proper administration of pro- 26 grams under this chapter or may be made available to publicemployeesoffi- 27 cials for use in the performance oftheir publicofficial duties subject to 28 such restrictions and fees as the director may by rule prescribe. The director 29 may by rule prescribe the form of written, informed consent by a person that 30 is adequate for disclosure of employment security information pertaining to 31 that person to a third party, as provided in section 9-340C(7), Idaho Code, 32 and the security requirements and cost provisions that apply to such disclo- 33 sures. 34 SECTION 2. That Section 72-1366, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 72-1366. PERSONAL ELIGIBILITY CONDITIONS. The personal eligibility condi- 37 tions of a benefit claimant are that: 38 (1) The claimant shall have made a claim for benefits and provided all 39 necessary information pertinent to eligibility. 40 (2) The claimant shall have registered for work and thereafter reported 41 to a job service office or other agency in a manner prescribed by the direc- 2 1 tor. 2 (3) The claimant shall have met the minimum wage requirements in his base 3 period as provided in section 72-1367, Idaho Code. 4 (4) (a) During the whole of any week with respect to which he claims ben- 5 efits or credit to his waiting period, the claimant was: 6 (ai) Able to work, available for suitable work, and seeking work; 7 provided, however, that no claimant shall be considered ineligible 8 for failure to comply with the provisions of this subsection if: 9(i)1. Ssuch failure is due to the claimant's illness or dis- 10 ability which occurs after he has filed a claim and during such 11 illness or disability, the claimant does not refuse or miss 12 suitable work that would have provided wages greater than one- 13 half (1/2) of the claimant's weekly benefit amount; or 14(ii)2. Ssuch failure is due to compelling personal 15 circumstances, provided that such failure does not exceed a 16 minor portion of the claimant's workweek and during which time 17 the claimant does not refuse or miss suitable work that would 18 have provided wages greater than one-half (1/2) of the 19 claimant's weekly benefit amount; and 20 (bii) Living in a state, territory, or country that is included in 21 the interstate benefit payment plan or that is a party to an agree- 22 ment with the United States or the director with respect to unemploy- 23 ment insurance. 24 (b) If a claimant who is enrolled in an approved job training course pur- 25 suant to subsection (8) of this section fails to attend or otherwise par- 26 ticipate in the job training course during any week with respect to which 27 he claims benefits or credit to his waiting period, the claimant shall be 28 ineligible for that week if he was not able to work nor available for 29 suitable work, to be determined as follows: The claimant shall be ineligi- 30 ble unless he is making satisfactory progress in the training and his 31 failure to attend or otherwise participate was due to: 32 (i) The claimant's illness or disability which occurred after he 33 had filed a claim and the claimant missed fewer than one-half (1/2) 34 of the classes available to him that week; or 35 (ii) Compelling personal circumstances, provided that the claimant 36 missed fewer than one-half (1/2) of the classes available to him that 37 week. 38 (5) The claimant's unemployment is not due to the fact that he left his 39 employment voluntarily without good cause connected with his employment, or 40 that he was discharged for misconduct in connection with his employment. 41 (6) The claimant's unemployment is not due to his failure without good 42 cause to apply for available suitable work or to accept suitable work when 43 offered to him. The longer a claimant has been unemployed, the more willing he 44 must be to seek other types of work and accept work at a lower rate of pay. 45 (7) In determining whether or not work is suitable for an individual, the 46 degree of risk involved to his health, safety, morals, physical fitness, expe- 47 rience, training, past earnings, length of unemployment and prospects for 48 obtaining local employment in his customary occupation, the distance of the 49 work from his residence, and other pertinent factors shall be considered. No 50 employment shall be deemed suitable and benefits shall not be denied to any 51 otherwise eligible individual for refusing to accept new work or to hold him- 52 self available for work under any of the following conditions: 53 (a) If the vacancy of the position offered is due directly to a strike, 54 lockout, or other labor dispute; 55 (b) If the wages, hours, or other conditions of the work offered are 3 1 below those prevailing for similar work in the locality of the work 2 offered; 3 (c) If, as a condition of being employed, the individual would be 4 required to join a company union or to resign from or refrain from join- 5 ing any bona fide labor organization. 6 (8) No claimant who is otherwise eligible shall be denied benefits for 7 any week due to an inability to comply with the requirements contained in sub- 8 sections (4)(a) and (6) of this section, if: 9 (a) The claimant is a participant in a program sponsored by title I of 10 the workforce investment act and attends a job training course under that 11 program; or 12 (b) The claimant attends a job training course authorized pursuant to the 13 provisions of section 236(a)(1) of the trade act of 1974 or the North 14 American free trade agreement implementation act. 15 (c) The claimant lacks skills to compete in the labor market and attends 16 a job training course with the approval of the director. The director may 17 approve job training courses that meet the following criteria: 18 (i) The purpose of the job training is to teach the claimant skills 19 that will enhance the claimant's opportunities for employment; and 20 (ii) The job training can be completed within one (1) year, except 21 that this requirement may be waived pursuant to rules that the direc- 22 tor may prescribe. 23 This subsection shall apply only if the claimant submits with each claim 24 report a written certification from the training facility that the claimant is 25 attending and satisfactorily completing the job training course, or demon-26strates good cause for failure to attend the job training. If the claimant 27 fails to attend or otherwise participate in the job training course, it must 28 be determined whether the claimant is able to work and available for suitable 29 work as provided in subsection (4)(b) of this section. 30 (9) No claimant who is otherwise eligible shall be denied benefits under 31 subsection (5) of this section for leaving employment to attend job training 32 pursuant to subsection (8) of this section, provided that the claimant 33 obtained the employment after enrollment in or during scheduled breaks in the 34 job training course, or that the employment was not suitable. For purposes of 35 this subsection, the term "suitable employment" means work of a substantially 36 equal or higher skill level than the individual's past employment, and wages 37 for such work are not less than eighty percent (80%) of the average weekly 38 wage in the individual's past employment. 39 (10) A claimant shall not be eligible to receive benefits for any week 40 with respect to which it is found that his unemployment is due to a labor dis- 41 pute; provided, that this subsection shall not apply if it is shown that: 42 (a) The claimant is not participating, financing, aiding, abetting, or 43 directly interested in the labor dispute; and 44 (b) The claimant does not belong to a grade or class of workers with mem- 45 bers employed at the premises at which the labor dispute occurs, who are 46 participating in or directly interested in the dispute. 47 (11) A claimant shall not be entitled to benefits for any week with 48 respect to which or a part of which he has received or is seeking benefits 49 under an unemployment insurance law of another state or of the United States; 50 provided, that if the appropriate agency of such other state or of the United 51 States shall finally determine that he is not entitled to such unemployment 52 compensation or insurance benefits, he shall not by the provisions of this 53 subsection be denied benefits. For purposes of this section, a law of the 54 United States providing any payments of any type and in any amounts for 55 periods of unemployment due to involuntary unemployment shall be considered an 4 1 unemployment insurance law of the United States. 2 (12) A claimant shall not be entitled to benefits for a period of fifty- 3 two (52) weeks if it is determined that he has willfully made a false state- 4 ment or willfully failed to report a material fact in order to obtain bene- 5 fits. The period of disqualification shall commence the week the determination 6 is issued. The claimant shall also be ineligible for waiting week credit and 7 shall repay any sums received for any week for which the claimant received 8 waiting week credit or benefits as a result of having willfully made a false 9 statement or willfully failed to report a material fact. The claimant shall 10 also be ineligible for waiting week credit or benefits for any week in which 11 he owes the department an overpayment, civil penalty, or interest resulting 12 from a determination that he willfully made a false statement or willfully 13 failed to report a material fact. 14 (13) A claimant shall not be entitled to benefits if his principal occupa- 15 tion is self-employment. 16 (14) A claimant who has been found ineligible for benefits under the pro- 17 visions of subsection (5), (6), (7) or (9) of this section shall reestablish 18 his eligibility by having obtained bona fide work and received wages therefor 19 in an amount of at least fourteen (14) times his weekly benefit amount. 20 (15) Benefits based on service in employment defined in sections 72-1349A 21 and 72-1352(3), Idaho Code, shall be payable in the same amount, on the same 22 terms and subject to the same conditions as benefits payable on the basis of 23 other service subject to this act. 24 (a) If the services performed during one-half (1/2) or more of any con- 25 tract period by an individual for an educational institution as defined in 26 section 72-1322B, Idaho Code, are in an instructional, research, or prin- 27 cipal administrative capacity, all the services shall be deemed to be in 28 such capacity. 29 (b) If the services performed during less than one-half (1/2) of any con- 30 tract period by an individual for an educational institution are in an 31 instructional, research, or principal administrative capacity, none of the 32 service shall be deemed to be in such capacity. 33 (c) As used in this section, "contract period" means the entire period 34 for which the individual contracts to perform services, pursuant to the 35 terms of the contract. 36 (16) No claimant is eligible to receive benefits in two (2) successive 37 benefit years unless, after the beginning of the first benefit year during 38 which he received benefits, he performed service and earned an amount equal to 39 not less than six (6) times the weekly benefit amount established during the 40 first benefit year. 41 (17) (a) Benefits based on wages earned for services performed in an 42 instructional, research, or principal administrative capacity for an edu- 43 cational institution shall not be paid for any week of unemployment com- 44 mencing during the period between two (2) successive academic years, or 45 during a similar period between two (2) terms, whether or not successive, 46 or during a period of paid sabbatical leave provided for in the 47 individual's contract, to any individual who performs such services in the 48 first academic year (or term) and has a contract to perform services in 49 any such capacity for any educational institution in the second academic 50 year or term, or has been given reasonable assurance that such a contract 51 will be offered. 52 (b) Benefits based on wages earned for services performed in any other 53 capacity for an educational institution shall not be paid to any individ- 54 ual for any week which commences during a period between two (2) succes- 55 sive school years or terms if the individual performs such services in the 5 1 first school year or term, and there is a contract or reasonable assurance 2 that the individual will perform such services in the second school year 3 or term. If benefits are denied to any individual under this paragraph (b) 4 and the individual was not offered an opportunity to perform such services 5 for the educational institution for the second academic year or term, the 6 individual shall be entitled to a retroactive payment of benefits for each 7 week for which the individual filed a timely claim for benefits and for 8 which benefits were denied solely by reason of this clause. 9 (c) With respect to any services described in paragraphs (a) and (b) of 10 this subsection (17), benefits shall not be paid nor "waiting week" credit 11 given to an individual for wages earned for services for any week which 12 commences during an established and customary vacation period or holiday 13 recess if the individual performed the services in the period immediately 14 before the vacation period or holiday recess, and there is a reasonable 15 assurance the individual will perform such services in the period immedi- 16 ately following such vacation period or holiday recess. 17 (d) With respect to any services described in paragraphs (a) and (b) of 18 this subsection (17), benefits shall not be payable on the basis of ser- 19 vices in any capacities specified in paragraphs (a), (b) and (c) of this 20 subsection (17) to any individual who performed such services in an educa- 21 tional institution while in the employ of an educational service agency. 22 For purposes of this paragraph the term "educational service agency" means 23 a governmental entity which is established and operated exclusively for 24 the purpose of providing such services to one (1) or more educational 25 institutions. 26 (18) Benefits shall not be payable on the basis of services which substan- 27 tially consist of participating in sports or athletic events or training or 28 preparing to participate, for any week which commences during the period 29 between two (2) successive sport seasons (or similar periods) if the individ- 30 ual performed services in the first season (or similar period) and there is a 31 reasonable assurance that the individual will perform such services in the 32 later of such season (or similar period). 33 (19) (a) Benefits shall not be payable on the basis of services performed 34 by an alien unless the alien was lawfully admitted for permanent residence 35 at the time such services were performed, was lawfully present for pur- 36 poses of performing such services, or was permanently residing in the 37 United States under color of law at the time the services were performed 38 (including an alien who was lawfully present in the United States as a 39 result of the application of the provisions of sections 207 and 208 or 40 section 212(d)(5) of the immigration and nationality act). 41 (b) Any data or information required of individuals applying for benefits 42 to determine eligibility under this subsection shall be uniformly required 43 from all applicants for benefits. 44 (c) A decision to deny benefits under this subsection must be based on a 45 preponderance of the evidence. 46 (20) An individual who has been determined to be likely to exhaust regular 47 benefits and to need reemployment services pursuant to a profiling system 48 established by the director must participate in those reemployment services 49 unless: 50 (a) The individual has completed such services; or 51 (b) There is justifiable cause, as determined by the director, for the 52 claimant's failure to participate in such services. 53 (21) (a) A claimant: 54 (i) Who has been assigned to work for one (1) or more customers of 55 a staffing service; and 6 1 (ii) Who, at the time of hire by the staffing service, signed a 2 written notice informing him that completion or termination of an 3 assignment for a customer would not, of itself, terminate the employ- 4 ment relationship with the staffing service; 5 will not be considered unemployed upon completion or termination of an 6 assignment until such time as he contacts the staffing service to deter- 7 mine if further suitable work is available. If the claimant: 8(A)1. Contacts the staffing service and refuses a suitable work 9 assignment that is offered to him at that time, he will be con- 10 sidered to have voluntarily quit that employment; or 11(B)2. Contacts the staffing service and the service does not 12 have a suitable work assignment for him, he will be considered 13 unemployed due to a lack of work; or 14(C)3. Accepts new employment without first contacting the 15 staffing service for additional work, he will be considered to 16 have voluntarily quit employment with the staffing service. 17 (b) For the purposes of this subsection, the term "staffing service" 18 means any person who assigns individuals to work for its customers and 19 includes, but is not limited to, professional employers, as defined in 20 chapter 24, title 44, Idaho Code, and the employers of temporary employees 21 as defined in section 44-2403(7), Idaho Code. 22 SECTION 3. That Section 72-1372, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 72-1372. CIVIL PENALTIES. (1) The following civil penalties shall be 25 assessed by the director: 26 (a) If a determination is made finding that an employer willfully filed a 27 false report, a monetary penalty equal to one hundred percent (100%) of 28 the amount that would be due if the employer had filed a correct report or 29 two hundred fifty dollars ($250), whichever is greater, shall be added to 30 the liability of the employer for each quarter for which the employer 31 willfully filed a false report. For the purposes of this section, a false 32 report includes, but is not limited to, a report for a period wherein an 33 employer pays remuneration for personal services which meets the defini- 34 tion of "wages" under section 72-1328, Idaho Code, and the payment is con- 35 cealed, hidden, or otherwise not reported to the department. 36 (b) If a determination is made finding that an employer willfully failed 37 to file the employer's quarterly unemployment insurance tax report when 38 due, the director shall assess a monetary penalty equal to: 39 (i) Seventy-five dollars ($75.00) or twenty-five percent (25%) of 40 the amount that would be due if the employer had filed a timely quar- 41 terly report, whichever is greater, if the employer had not been 42 found in any previous determination to have willfully failed to file 43 a timely quarterly report for any of the sixteen (16) preceding con- 44 secutive calendar quarters; or 45 (ii) One hundred fifty dollars ($150) or fifty percent (50%) of the 46 amount that would be due if the employer had filed a timely quarterly 47 report, whichever is greater, if the employer had been found in any 48 previous determination to have willfully failed to file a timely 49 quarterly report for no more than one (1) of the sixteen (16) preced- 50 ing consecutive calendar quarters; or 51 (iii) Two hundred fifty dollars ($250) or one hundred percent (100%) 52 of the amount that would be due if the employer had filed a timely 53 quarterly report, whichever is greater, if the employer had been 7 1 found in any previous determination or determinations to have will- 2 fully failed to file a timely quarterly report for two (2) or more of 3 the sixteen (16) preceding consecutive calendar quarters. 4 (c) If a determination is made finding that an employer, or any officer 5 or agent or employee of the employer with the employer's knowledge, will- 6 fully made a false statement or representation or willfully failed to 7 report a material fact when submitting facts to the department concerning 8 a claimant's separation from the employer, a penalty in an amount equal to 9 ten (10) times the weekly benefit amount of such claimant shall be added 10 to the liability of the employer. 11 (d) If a determination is made finding that an employer has induced, 12 solicited or coerced an employee or former employee to file a false or 13 fraudulent claim for benefits under this chapter, a penalty in an amount 14 equal to ten (10) times the weekly benefit amount of such employee or 15 former employee shall be added to the liability of the employer. 16 (e) If a determination is made finding that an employer failed to com- 17 plete and submit an Idaho business registration form when due, as required 18 by section 72-1337(1), Idaho Code, a penalty of five hundred dollars 19 ($500) shall be assessed against the employer. 20 (f) For purposes of paragraphs (c) and (d) of this subsection (1), the 21 term "weekly benefit amount" means the amount calculated pursuant to sec- 22 tion 72-1367(2), Idaho Code. 23 (g) If a determination is made finding that a person has made any unau- 24 thorized disclosure of employment security information in violation of the 25 provisions of chapter 3, title 9, Idaho Code, or section 72-1342, Idaho 26 Code, or rules promulgated thereunder, a penalty of five hundred dollars 27 ($500) for each act of unauthorized disclosure shall be assessed against 28 the person. 29 (2) At the discretion of the director, the department may waive all or 30 any part of the penalties imposed pursuant to subsections (1)(a) through 31 (1)(f) of this section if the employer shows to the satisfaction of the direc- 32 tor that it had good cause for failing to comply with the requirements of this 33 chapter and rules promulgated thereunder. 34 (3) Determinations imposing civil penalties pursuant to this section 35 shall be served in accordance with section 72-1368(5), Idaho Code. Penalties 36 imposed pursuant to this section shall be due and payable twenty (20) days 37 after the date the determination was served unless an appeal is filed in 38 accordance with section 72-1368, Idaho Code, and rules promulgated thereunder. 39 Such appeals shall be conducted in accordance with section 72-1368, Idaho 40 Code, and rules promulgated thereunder. 41 (4) Civil penalties imposed by this section shall be in addition to any 42 other penalties authorized by this chapter. The provisions of this chapter 43 that apply to the collection of contributions, and the rules promulgated 44 thereunder, shall also apply to the collection of penalties imposed pursuant 45 to this section. Amounts collected pursuant to this section shall be paid into 46 the state employment security administrative and reimbursement fund as estab- 47 lished by section 72-1348, Idaho Code. 48 SECTION 4. That Section 72-1374, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 72-1374. UNAUTHORIZED DISCLOSURE OF INFORMATION. If anyemployee or mem-51ber of the commission or any employee of the departmentof the following per- 52 sons, in violation of the provisions of chapter 3, title 9, Idaho Code, or 53 section 72-1342, Idaho Code, or rules promulgated thereunder, makes any unau- 8 1 thorized disclosure of employment security information,obtained from any2employer or individual in the administration of this chapter,each act of 3 unauthorized disclosure shall constitute a separate misdemeanor: 4 (1) Any employee of the department; 5 (2) Any employee or member of the commission; 6 (3) Any third party or employee thereof who has obtained employment secu- 7 rity information pertaining to a person with the written, informed consent of 8 that person; 9 (4) Any public official who has obtained employment security information 10 for use in the performance of official duties; or 11 (5) Any person who has obtained employment security information through 12 means that violate the provisions of chapter 3, title 9, Idaho Code, or this 13 chapter, or rules promulgated thereunder. 14 SECTION 5. That Section 9-340C, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 17 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 18 are exempt from disclosure: 19 (1) Except as provided in this subsection, all personnel records of a 20 current or former public official other than the public official's public ser- 21 vice or employment history, classification, pay grade and step, longevity, 22 gross salary and salary history, status, workplace and employing agency. All 23 other personnel information relating to a public employee or applicant includ- 24 ing, but not limited to, information regarding sex, race, marital status, 25 birth date, home address and telephone number, applications, testing and 26 scoring materials, grievances, correspondence and performance evaluations, 27 shall not be disclosed to the public without the employee's or applicant's 28 written consent. Names of applicants to classified or merit system positions 29 shall not be disclosed to the public without the applicant's written consent. 30 Disclosure of names as part of a background check is permitted. Names of the 31 five (5) final applicants to all other positions shall be available to the 32 public. If such group is less than five (5) finalists, then the entire list of 33 applicants shall be available to the public. A public official or authorized 34 representative may inspect and copy his personnel records, except for material 35 used to screen and test for employment. 36 (2) Retired employees' and retired public officials' home addresses, home 37 telephone numbers and other financial and nonfinancial membership records; 38 active and inactive member financial and membership records and mortgage port- 39 folio loan documents maintained by the public employee retirement system. 40 Financial statements prepared by retirement system staff, funding agents and 41 custodians concerning the investment of assets of the public employee retire- 42 ment system of Idaho are not considered confidential under this chapter. 43 (3) Information and records submitted to the Idaho state lottery for the 44 performance of background investigations of employees, lottery retailers and 45 major procurement contractors; audit records of lottery retailers, vendors and 46 major procurement contractors submitted to or performed by the Idaho state 47 lottery; validation and security tests of the state lottery for lottery 48 games; business records and information submitted pursuant to sections 49 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such documents and 50 information obtained and held for the purposes of lottery security and inves- 51 tigative action as determined by lottery rules unless the public interest in 52 disclosure substantially outweighs the private need for protection from public 53 disclosure. 9 1 (4) Records of a personal nature as follows: 2 (a) Records of personal debt filed with a public agency or independent 3 public body corporate and politic pursuant to law; 4 (b) Personal bank records compiled by a public depositor for the purpose 5 of public funds transactions conducted pursuant to law; 6 (c) Records of ownership of financial obligations and instruments of a 7 public agency or independent public body corporate and politic, such as 8 bonds, compiled by the public agency or independent public body corporate 9 and politic pursuant to law; 10 (d) Records, with regard to the ownership of, or security interests in, 11 registered public obligations; 12 (e) Vital statistics records; and 13 (f) Military records as described in and pursuant to section 65-301, 14 Idaho Code. 15 (5) Information in an income or other tax return measured by items of 16 income or sales, which is gathered by a public agency for the purpose of 17 administering the tax, except such information to the extent disclosed in a 18 written decision of the tax commission pursuant to a taxpayer protest of a 19 deficiency determination by the tax commission, under the provisions of sec- 20 tion 63-3045B, Idaho Code. 21 (6) Records of a personal nature related directly or indirectly to the 22 application for and provision of statutory services rendered to persons apply- 23 ing for public care for the elderly, indigent, or mentally or physically hand- 24 icapped, or participation in an environmental or a public health study, pro- 25 vided the provisions of this subsection making records exempt from disclosure 26 shall not apply to the extent that such records or information contained in 27 those records are necessary for a background check on an individual that is 28 required by federal law regulating the sale of firearms, guns or ammunition. 29 (7) Employment security information,and unemployment insurance benefit30information,except thatall interested partiesa person may agree, through 31 written, informed consent, to waive the exemption so that a third party may 32 obtain information pertaining to the person, unless access to the information 33 by thepartiesperson is restricted by subsection (3)(a), (3)(b) or (3)(d) of 34 section 9-342, Idaho Code. Notwithstanding the provisions of section 9-342, 35 Idaho Code, a person may not review identifying information concerning an 36 informant who reported to the department of labor a suspected violation by the 37 person of the employment security law, chapter 13, title 72, Idaho Code, under 38 an assurance of confidentiality. As used in this section and in chapter 13, 39 title 72, Idaho Code, "employment security information" means any information 40 descriptive of an identifiable person or persons that is received by, recorded 41 by, prepared by, furnished to or collected by the department of labor or the 42 industrial commission in the administration of the employment security law. 43 (8) Any personal records, other than names, business addresses and busi- 44 ness phone numbers, such as parentage, race, religion, sex, height, weight, 45 tax identification and social security numbers, financial worth or medical 46 condition submitted to any public agency or independent public body corporate 47 and politic pursuant to a statutory requirement for licensing, certification, 48 permit or bonding. 49 (9) Unless otherwise provided by agency rule, information obtained as 50 part of an inquiry into a person's fitness to be granted or retain a license, 51 certificate, permit, privilege, commission or position, private association 52 peer review committee records authorized in title 54, Idaho Code. Any agency 53 which has records exempt from disclosure under the provisions of this subsec- 54 tion shall annually make available a statistical summary of the number and 55 types of matters considered and their disposition. 10 1 (10) The records, findings, determinations and decisions of any prelitiga- 2 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 3 (11) Complaints received by the board of medicine and investigations and 4 informal proceedings, including informal proceedings of any committee of the 5 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules 6 adopted thereunder. 7 (12) Records of the department of health and welfare or a public health 8 district that identify a person infected with a reportable disease. 9 (13) Records of hospital care, medical records, including prescriptions, 10 drug orders, records or any other prescription information that specifically 11 identifies an individual patient, prescription records maintained by the board 12 of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, records of psy- 13 chiatric care or treatment and professional counseling records relating to an 14 individual's condition, diagnosis, care or treatment, provided the provisions 15 of this subsection making records exempt from disclosure shall not apply to 16 the extent that such records or information contained in those records are 17 necessary for a background check on an individual that is required by federal 18 law regulating the sale of firearms, guns or ammunition. 19 (14) Information collected pursuant to the directory of new hires act, 20 chapter 16, title 72, Idaho Code. 21 (15) Personal information contained in motor vehicle and driver records 22 that is exempt from disclosure under the provisions of chapter 2, title 49, 23 Idaho Code. 24 (16) Records of the financial status of prisoners pursuant to subsection 25 (2) of section 20-607, Idaho Code. 26 (17) Records of the Idaho state police or department of correction 27 received or maintained pursuant to section 19-5514, Idaho Code, relating to 28 DNA databases and databanks. 29 (18) Records of the department of health and welfare relating to a survey, 30 resurvey or complaint investigation of a licensed nursing facility shall be 31 exempt from disclosure. Such records shall, however, be subject to disclosure 32 as public records as soon as the facility in question has received the report, 33 and no later than the fourteenth day following the date that department of 34 health and welfare representatives officially exit the facility pursuant to 35 federal regulations. Provided however, that for purposes of confidentiality, 36 no record shall be released under this section which specifically identifies 37 any nursing facility resident. 38 (19) Records and information contained in the registry of immunizations 39 against childhood diseases maintained in the department of health and welfare, 40 including information disseminated to others from the registry by the depart- 41 ment of health and welfare. 42 (20) Records of the Idaho housing and finance association (IHFA) relating 43 to the following: 44 (a) Records containing personal financial, family, health or similar per- 45 sonal information submitted to or otherwise obtained by the IHFA; 46 (b) Records submitted to or otherwise obtained by the IHFA with regard to 47 obtaining and servicing mortgage loans and all records relating to the 48 review, approval or rejection by the IHFA of said loans; 49 (c) Mortgage portfolio loan documents; 50 (d) Records of a current or former employee other than the employee's 51 duration of employment with the association, position held and location of 52 employment. This exemption from disclosure does not include the contracts 53 of employment or any remuneration, including reimbursement of expenses, of 54 the executive director, executive officers or commissioners of the associ- 55 ation. All other personnel information relating to an association employee 11 1 or applicant including, but not limited to, information regarding sex, 2 race, marital status, birth date, home address and telephone number, 3 applications, testing and scoring materials, grievances, correspondence, 4 retirement plan information and performance evaluations, shall not be dis- 5 closed to the public without the employee's or applicant's written con- 6 sent. An employee or authorized representative may inspect and copy that 7 employee's personnel records, except for material used to screen and test 8 for employment or material not subject to disclosure elsewhere in the 9 Idaho public records act. 10 (21) Records of the department of health and welfare related to child sup- 11 port services in cases in which there is reasonable evidence of domestic vio- 12 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 13 locate any individuals in the child support case except in response to a court 14 order. 15 (22) Records of the Idaho state bar lawyer'sassistance program pursuant 16 to chapter 49, title 54, Idaho Code, unless a participant in the program 17 authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 18 Code. 19 (23) Records and information contained in the trauma registry created by 20 chapter 20, title 57, Idaho Code, together with any reports, analyses and com- 21 pilations created from such information and records. 22 (24) Records contained in the court files, or other records prepared as 23 part of proceedings for judicial authorization of sterilization procedures 24 pursuant to chapter 39, title 39, Idaho Code. 25 (25) The physical voter registration card on file in the county clerk's 26 office; however, a redacted copy of said card shall be made available consis- 27 tent with the requirements of this section. Information from the voter regis- 28 tration card maintained in the statewide voter registration database, includ- 29 ing age, will be made available except for the voter's driver's license num- 30 ber, date of birth and, upon showing of good cause by the voter to the county 31 clerk in consultation with the county prosecuting attorney, the physical resi- 32 dence address of the voter. For the purposes of this subsection good cause 33 shall include the protection of life and property and protection of victims of 34 domestic violence and similar crimes. 35 (26) File numbers, passwords and information in the files of the health 36 care directive registry maintained by the secretary of state under section 37 39-4515, Idaho Code, are confidential and shall not be disclosed to any person 38 other than to the person who executed the health care directive or the revoca- 39 tion thereof and that person's legal representatives, to the person who regis- 40 tered the health care directive or revocation thereof, and to physicians, hos- 41 pitals, medical personnel, nursing homes, and other persons who have been 42 granted file number and password access to the documents within that specific 43 file.
STATEMENT OF PURPOSE
RS17378C2
This legislation will bring Idaho into compliance with new regulations of the U.S.
Department of Labor. 20 CFR Part 603, effective Oct. 27, 2006, requires states
to adopt legislation, rules, and policies within two years that conform to
federal requirements concerning the confidentiality and disclosure of state
unemployment insurance information. The regulations establish uniform minimum
requirements for safeguards against unauthorized disclosure of confidential
information and recoupment of costs of authorized disclosures, and require
states to adopt penalties for unlawful disclosure of confidential information.
20 CFR Part 604, effective Feb. 15, 2007, requires states to limit payments
of unemployment insurance benefits only to claimants who are able to work and
available for work. Although most provisions of Idaho’s Employment Security Law
comply with this federal regulation, changes must be made in provisions regarding
claimants in approved job training. The federal regulation requires that if
a claimant fails to attend or otherwise participate in the training, the state
must determine whether the claimant is able to work and available for work.
FISCAL IMPACT
There is no impact on the State General Fund. The proposed legislation is not
expected to require the expenditure of any additional funds. However, failure
to pass legislation to comply with the federal regulations may have serious
financial consequences for the state. A state’s unemployment insurance law must
conform to the provisions of the Federal Unemployment Tax Act and the Social
Security Act, and the regulations that implement these acts, in order to be
certified. Loss of certification means the state would lose its federal grants
for the administration of the unemployment insurance program, and the state’s
employers may lose their federal tax offset credit, which is currently 5.4
percent of the first $ 7,000 of payroll per employee.
Contact:
Name: Bob Fick
Agency: Idaho Department of Labor
Phone: 332-3570 ext 3628
Statement of Purpose/Fiscal Impact S 1311