Current Shareware 1994 January/SHAR194.ISO/textfile/foiast11.zip/ID2.TXT

Text File | 1993-11-01 | 86KB | 1,836 lines

COURTESY OF FATHERNET BBS [phone] PCBoard 15.0
USR-DS 16.8K
Just Make 1st call *after* 8 PM Eastern because there's
immediate callback verification.
No handles.
********************************************************


                           CODE OF CIVIL PROCEDURE
                              TITLE 9.  EVIDENCE
                          CHAPTER 3.  PUBLIC WRITINGS

                           Idaho Code @ 9-337 (1993)

@ 9-337. Definitions

   As used in sections 9-337 through 9-347, Idaho Code:

      (1) "Copy" means transcribing by handwriting, photocopying,
duplicating machine and reproducing by any other means so long as
the public record is not altered or damaged.

      (2) "Custodian" means the person having personal custody and
control of the public records in question. If no such designation
is made by the public agency, then custodian means any public
official having custody of, control of,  or authorized access to
public records and includes all delegates of such officials,
employees or representatives.

      (3) "Inspect" means the right to listen, view and make notes
of public records as long as the public record is not altered or
damaged.

      (4) "Investigatory record" means information with respect to
an identifiable person, group of persons or entities compiled by a
public agency pursuant to its statutory authority in the course of
investigating a specific act, omission, failure to act, or other
conduct which the public agency has regulatory authority or law
enforcement authority over.

      (5) "Law enforcement agency" means any state or local agency
given law enforcement powers or which has authority to investigate,
enforce, prosecute or  punish violations of state or federal
criminal statutes, ordinances or regulations.

      (6) "Local agency" means a county, city, school district,
municipal corporation, district, public health district, political
subdivision, or any
agency thereof, or any committee of a local agency, or any
combination thereof.

      (7) "Person" means any natural person, corporation,
partnership, firm, association, joint venture, state or local
agency or any other recognized legal  entity.

      (8) "Public agency" means any state or local agency as
defined in this section.

      (9) "Public official" means any state, county, local district
or governmental official or employee, whether elected, appointed or
hired.

      (10) "Public record" includes, but is not limited to, any
writing containing information relating to the conduct or
administration of the public's business prepared, owned, used or
retained by any state or local agency regardless of physical form
or characteristics.

      (11) "State agency" means every state officer, department,
division, bureau, commission and board or any committee of a state
agency including those  in the legislative or judicial branch,
except the state militia.


      (12) "Writing" includes, but is not limited to, handwriting,
typewriting,  printing, photostating, photographing and every means
of recording, including letters, words, pictures, sounds or symbols
or combination thereof, and all papers, maps, magnetic or paper
tapes, photographic films and prints, magnetic or punched cards,
discs, drums or other documents.

HISTORY: I.C., @ 9-337, as added by 1990, ch. 213, @ 1, p. 480.

 NOTES: SEC. TO SEC. REF. This section is referred to in @@ 9-340,
67-5241.    Sections 9-337 -- 9-347 are referred to in @@ 67-5241,
67-5711C.

OPINIONS OF THE ATTORNEY GENERAL.    The Department of Health and
Welfare has the authority to investigate reports of suspected child
abuse, abandonment and neglect; such authority to investigate
extends to school facilities; such investigation should proceed in
accordance with governing statutes, the department's promulgated
rules, and internal policies. OAG 93-2.


                           Idaho Code @ 9-338 (1993)

@ 9-338. Public records -- Right to examine

   (1) Every person has a right to examine and take a copy of any
public record  of this state and there is a presumption that all
public records in Idaho are open at all reasonable times for
inspection except as otherwise expressly provided by statute.

   (2) The right to copy public records shall include the right to
make photographs or photographic or other copies while the records
are in the possession of the custodian of the records using
equipment provided by the public agency or using equipment
designated by the custodian.

   (3) Additionally, the custodian of any public record shall give
the person, on demand, a certified copy of it if the record is of
a nature permitting such copying or shall furnish reasonable
opportunity to inspect or copy such record.

   (4) The custodian shall make no inquiry of any person who
applies for a public record, except that the person may be required
to make a written request  and provide a mailing address and
telephone number.

   (5) The custodian shall not review, examine or scrutinize any
copy, photograph or memoranda in the possession of any such person
and shall extend to the person all reasonable comfort and facility
for the full exercise of the right granted under this act.

   (6) Nothing herein contained shall prevent the custodian from
maintaining such vigilance as is required to prevent alteration of
any public record while it is being examined.

   (7) Examination of public records under the authority of this
section must be conducted during regular office or working hours
unless the custodian shall authorize examination of records in
other than regular office or working hours.  In this event, the
persons designated to represent the custodian during such
examination shall be entitled to reasonable compensation to be paid
to them by the public agency having custody of such records, out of
funds provided in advance by the person examining such records, at
other than regular office or working hours.

   (8) A public agency or public official may establish a copying
fee schedule.  The fee may not exceed the actual cost to the agency
of copying the record if another fee is not otherwise provided by
law. The actual cost shall not include  any administrative or labor
costs resulting from locating and providing a copy of the public
record. For providing a duplicate of a computer tape, computer
disc, microfilm or similar or analogous record system containing
public record information, a public agency or public official may
charge a fee, uniform to all persons that does not exceed the sum
of the following:

      (a) The agency's direct cost of copying the information in
that form;

      (b) The standard cost, if any, for selling the same
information in the form of a publication.

  The custodian may require advance payment of the cost of copying.
Any money received by the public agency shall be credited to the
account for which the expense being reimbursed was or will be
charged, and such funds may be expended  by the agency as part of
its appropriation from that fund.

   (9) A public agency shall not prevent the examination or copying
of a public  record by contracting with a nongovernmental body to
perform any of its duties or functions.

   (10) Nothing contained herein shall prevent a public agency from
disclosing statistical information that is not descriptive of an
identifiable person or persons.

HISTORY: I.C., @ 9-338, as added by 1990, ch. 213, @ 1, p. 480.

 NOTES: SEC. TO SEC. REF. This section is referred to in @@
63-3045B, 67-1902.

  ANALYSIS Physical Handling of Document.

                           Idaho Code @ 9-338 (1993)


Private Photocopying of Records. "Raw Notes" from Board Meetings.

PHYSICAL HANDLING OF DOCUMENT.    Even if the public is entitled
to know the contents of a document when it has been filed, this
entitlement does not necessarily extend to the physical handling of
the document; to allow physical handling of an original document
before it becomes an official record upon microfilming would carry
a potential for abuse, because if the document were altered or
damaged, the public record would be affected; moreover, private
rights or obligations could be put in doubt if an original document
were altered or damaged after it was microfilmed but before it was
returned to the proper party. Adams County Abstract Co. v. Fisk,
117 Idaho 513, 788 P.2d 1336 (Ct. App. 1990).

PRIVATE
PHOTOCOPYING OF RECORDS.    Title company's desire to avoid
increases in fees charged by the recorder does not outweigh the
recorder's duty to protect the safety of documents entrusted to his
care, nor does it diminish the recorder's power to control the
orderly function of his office, and accordingly the recorder cannot
be compelled to allow private photocopying of public records in the
courthouse. Adams County  Abstract Co. v. Fisk, 117 Idaho 513, 788
P.2d 1336 (Ct. App. 1990).

"RAW NOTES" FROM BOARD MEETINGS.    Trial court erred in holding
that as a matter of law "raw notes" ("handwritten notes," "raw
minutes") taken by Clerk of the Board of County Commissioners
during meetings of the County Board of Commissioners, could not be
public writings. Fox v. Estep, 118 Idaho 454, 797 P.2d 854 (1990).


                           Idaho Code @ 9-339 (1993)

@ 9-339. Response to request for examination of public records

   (1) A public agency shall either grant or deny a person's
request to examine  or copy public records within three (3) working
days of the date of the receipt  of the request for examination or
copying. If it is determined by employees of the public agency that
a longer period of time is needed to locate or retrieve the public
records, the public agency shall so notify in writing the person
requesting to examine or copy the records and shall provide the
public records to the person no later than ten (10) working days
following the person's request.

   (2) If the public agency fails to respond, the request shall be
deemed to be  denied within ten (10) working days following the
request.

   (3) If the public agency denies the person's request for
examination or copying the public records or denies in part and
grants in part the person's request for examination and copying of
the public records, the person legally responsible for
administering the public agency or that person's designee shall
notify the person in writing of the denial or partial denial of the
request for  the public record.

   (4) The notice of denial or partial denial shall state that the
attorney for  the public agency has reviewed the request or shall
state that the public agency has had an opportunity to consult with
an attorney regarding the request for examination or copying of a
record and has chosen not to do so. The notice of denial or partial
denial also shall indicate the statutory authority for the denial
and indicate clearly the person's right to appeal the denial or
partial denial and the time periods for doing so.
          Idaho Code @ 9-339 (1993)

HISTORY: I.C., @ 9-339, as added by 1990, ch. 213, @ 1, p. 480.


                           Idaho Code @ 9-340 (1993)

FIRST OF THREE VERSIONS OF THIS SECTION

@ 9-340. Records exempt from disclosure. [Effective until January
1, 1994.]

   The following records are exempt from disclosure:

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (1) Any public record exempt from disclosure by federal or
state law or federal regulations to the extent specifically
provided for by such law or regulation.

      (2) Trade secrets including those contained in response to
public agency requests for proposal, requests for clarification,
requests for information and  similar requests. "Trade secrets" as
used in this section mean information, including a formula,
pattern, compilation, program, computer program, device, method,
technique, process, or unpublished or in progress research that:

         (a) Derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by other persons who can obtain
economic value from its disclosure or use; and

         (b) Is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.

      (3) Records, maps or other records identifying the location
of archaeological or geophysical sites or endangered species, if
not already known  to the general public.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (4) Archaeological and geologic records concerning
exploratory drilling, logging, mining and other excavation, when
such records are required to be filed by statute for the time
provided by statute.

      (5) Production records, sale or purchase records, catch
records, mortgage  portfolio loan documents, or similar business
records of a private concern or enterprise required by law to be
submitted to or inspected by a public agency. Nothing in this
subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any
enforcement proceeding.

      (6) Records relating to the appraisal of real property,
timber, or mineral rights prior to its acquisition, sale or lease
by a public agency.

      (7) Any estimate prepared by a public agency that details the
cost of a public project until such time as disclosed or bids are
opened, or upon award of the contract for construction of the
public project.

      (8) Records gathered by a local agency or the Idaho
department of commerce, as described in chapter 47, title 67, Idaho
Code, for the specific purpose of assisting a person to locate,
maintain, invest in, or expand business operations in the state of
Idaho.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (9) The records of a library which, when examined alone, or
when examined  with other public records, would reveal the identity
of the library patron checking out, requesting, or using an item
from a library.

      (10) The material of a library, museum or archive which has
been contributed by a private person, to the extent of any
limitation that is a condition of the contribution.

      (11) Records of a personal nature as follows:

         (a) Records of personal debt filed with a public agency
pursuant to law;

         (b) Personal bank records compiled by a public depositor
for the purpose of public funds transactions conducted pursuant to
law;

         (c) Records of ownership of financial obligations and
instruments of a  public agency, such as bonds, compiled by the
public agency pursuant to law;

         (d) Records, with regard to the ownership of, or security
interests in, registered public obligations;

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

         (e) Vital statistics records;

         (f) Except as provided in this subsection, all information
provided to  a law enforcement agency for sex offender registration
pursuant to the provisions of section 18-8306, Idaho Code:

            (i) Such information shall be available upon request to
a law enforcement agency; and

            (ii) The information provided pursuant to the
provisions of subsections (1) and (3) of section 18-8306, Idaho
Code, shall be provided to any person upon written request. Such
written request shall include the name, date of birth and social
security number of the person for whom the information is
requested.

      (12) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given if
the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in this
exemption, to the extent that disclosure would create a risk that
the result might be affected.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (13) Retired employees' and retired public officials' home
addresses, home telephone numbers and other financial and
nonfinancial membership records; active and inactive member
financial and membership records and mortgage portfolio loan
documents maintained by the public employee retirement system.
Financial statements prepared by retirement system staff, funding
agents and custodians concerning the investment of assets of the
public employee retirement system of Idaho are not considered
confidential under this chapter.

      (14) Any personal records, other than names and addresses,
such as parentage, race, religion, sex, height, weight, tax
identification and social security numbers, financial worth or
medical condition submitted to any public agency pursuant to a
statutory requirement for licensing, certification, permit  or
bonding.

      (15) Unless otherwise provided by agency rule, information
obtained as part of an inquiry into a person's fitness to be
granted or retain a license, certificate, permit, privilege,
commission or position, private association peer review committee
records authorized in title 54, Idaho Code. Any agency which has
records exempt from disclosure under the provisions of this
subsection shall annually make available a statistical summary of
the number and types of matters considered and their disposition.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (16) Computer programs developed or purchased by or for any
public agency  for its own use. As used in this subsection,
"computer program" means a series of instructions or statements
which permit the functioning of a computer system  in a manner
designed to provide storage, retrieval and manipulation of data
from the computer system, and any associated documentation and
source material that explain how to operate the computer program.
Computer program does not include:

         (a) The original data including, but not limited to,
numbers, text, voice, graphics and images;

         (b) Analysis, compilation and other manipulated forms of
the original data produced by use of the program; or

         (c) The mathematical or statistical formulas that would be
used if the  manipulated forms of the original data were to be
produced manually.

      (17) Records that identify the method by which the Idaho
state tax commission selects tax returns for audit review.

      (18) Information in an income or other tax return measured by
items of income or sales, which is gathered by a public agency for
the purpose of administering the tax.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (19) Information and records submitted to the Idaho state
lottery for the  performance of background investigations of
employees, lottery retailers and major procurement contractors;
audit records of lottery retailers, vendors and major procurement
contractors submitted to or performed by the Idaho state lottery;
validation and security tests of the state lottery for lottery
games; business records and information submitted pursuant to
sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and
such documents and information obtained and held for the purposes
of lottery security and investigative action  as determined by
lottery rules unless the public interest in disclosure
substantially outweighs the private need for protection from public
disclosure.

      (20) Employment security information and unemployment
insurance benefit information, except that all interested parties
may agree to waive the exemption.

      (21) Examination, operating or condition reports and all
documents relating thereto, prepared by or supplied to any public
agency responsible for the regulation or supervision of financial
institutions including, but not limited to, banks, savings and loan
associations, regulated lenders, business and industrial
development corporations, credit unions, and insurance companies,
or for the regulation or supervision of the issuance of securities.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (22) Investigatory records of a law enforcement agency, as
defined in section 9-337(5), Idaho Code, under the conditions set
forth in section 9-335, Idaho Code.

      (23) Records of a personal nature related directly or
indirectly to the application for and provision of statutory
services rendered to persons applying for public care for the
elderly, indigent, or mentally or physically handicapped, or
participation in an environmental or a public health study.

      (24) Records of investigations prepared by the department of
health and welfare pursuant to its statutory responsibilities
dealing with the protection of children, the rehabilitation of
youth, adoptions and the commitment of mentally ill persons.

      (25) Records of the department of health and welfare or a
public health district that identifies a person infected with a
reportable disease.

      (26) Records of hospital care, medical records, records of
psychiatric care or treatment and professional counseling records
relating to an individual's condition, diagnosis, care or
treatment.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (27) Records of a person maintained pursuant to chapter 18,
title 16, Idaho Code.

      (28) Shipping and marketing records of commodity commissions
used to evaluate marketing and advertising strategies and the names
and addresses of growers and shippers maintained by commodity
commissions.

      (29) Records contained in court files of judicial
proceedings, the disclosure of which is prohibited by or under
rules adopted by the Idaho supreme court, but only to the extent
that confidentiality is provided under such rules, and any drafts
or other working memoranda related to judicial decision making.

      (30) Records consisting of draft legislation and documents
specifically related to such draft legislation or research requests
submitted to the legislative council by a member of the Idaho
legislature for the purpose of placing such draft legislation into
a form suitable for introduction as official proposed legislation
of the legislature of the state of Idaho, unless the individual
legislator having submitted or requested such records or research
agrees to waive the provisions of confidentiality provided by this
subsection.

      (31) All papers, physical and electronic records and
correspondence or other supporting materials comprising the work
papers in the possession of the

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

office of the legislative council prior to release of the related
final audit and all other records or materials in the possession of
the office of the legislative council that would otherwise be
confidential or exempt from disclosure.

      (32) The records, finding, determinations and decision of any
prelitigation screening panel formed under chapter 10, title 6,
Idaho Code.

      (33) Board of professional discipline reprimands by informal
admonition pursuant to subsection (6)(f) of section 54-1806A, Idaho
Code.

      (34) Records including, but not limited to, investigative
reports, resulting from investigations conducted into complaints of
discrimination made to the Idaho human rights commission unless the
public interest in allowing inspection and copying of such records
outweighs the legitimate public or private interest in maintaining
confidentiality of such records. A person may inspect and copy
documents from an investigative file to which he or she is a named
party if such documents are not otherwise prohibited from
disclosure by federal law or regulation or state law. The
confidentiality of this subsection will no longer apply to any
record used in any judicial proceeding brought by a  named party to
the complaint or investigation, or by the Idaho human rights
commission, relating to the complaint of discrimination.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (35) Information, records, including names and addresses of
victims, or investigations of the department of correction or the
commission of pardons and  parole to the extent that disclosure
thereof would interfere with the secure and orderly conduct of
their operations, or the rehabilitation of any person in the
custody of the department of correction or on parole, or would
substantially prejudice or prevent the carrying out of the
functions of the department of correction or the commission of
pardons and parole if the public interest in confidentiality
clearly outweighs the public interest in disclosure.

      (36) Except as provided in this subsection, all personnel
records of a current or former public official other than the
public official's public service or employment history,
classification, pay grade and step, longevity, gross salary and
salary history, status, workplace and employing agency. All other
personnel information relating to a public employee or applicant,
including, but not limited to, information regarding sex, race,
marital status,  birth date, home address and telephone number,
applications, testing and scoring materials, grievances,
correspondence and performance evaluations, shall not be  disclosed
to the public without the employee's or applicant's written
consent. A public official or authorized representative may inspect
and copy his personnel  records, except for material used to screen
and test for employment.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (37) Records containing information obtained by the manager
of the Idaho state insurance fund pursuant to chapter 9, title 72,
Idaho Code, from or on behalf of employers or employees contained
in underwriting and claims for benefits files.

      (38) The worker's compensation records of the Idaho
industrial commission  provided that the industrial commission
shall make such records available:

         (a) To the parties in any worker's compensation claim and
to the industrial special indemnity fund of the state of Idaho; or

         (b) To employers and prospective employers subject to the
provisions of the Americans with disabilities act, 42 U.S.C. 12112,
or other statutory limitations who certify that the information is
being requested with respect to  a worker to whom the employer has
extended an offer of employment and will be used in accordance with
the provisions of the Americans with disabilities act, 42 U.S.C.
12112, or other statutory limitations; or

         (c) To employers and prospective employers not subject to
the provisions of the Americans with disabilities act, 42 U.S.C.
12112, or other statutory limitations, provided the employer
presents a written authorization from the person to whom the
records pertain; or

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

         (d) To others who demonstrate that the public interest in
allowing inspection and copying of such records outweighs the
public or private interest  in maintaining the confidentiality of
such records, as determined by a civil court of competent
jurisdiction.

      (39) Names and addresses of seed companies, seed crop
growers, seed crop consignees, locations of seed crop fields,
variety name and acreage by variety.  Upon the request of the owner
of the proprietary variety, this information shall be released to
the owner. Provided, however, that if a seed crop has been
identified as diseased or has been otherwise identified by the
Idaho department  of agriculture, other state departments of
agriculture, or the United States department of agriculture to
represent a threat to that particular seed or commercial crop
industry or to individual growers, information as to test results,
location, acreage involved and disease symptoms of that particular
seed crop, for that growing season, shall be available for public
inspection and copying. This exemption shall not supersede the
provisions of section 22-436, Idaho Code.

      (40) Records of any risk retention or self-insurance program
prepared in anticipation of litigation or for analysis of or
settlement of potential or actual money damage claims against a
public entity and its employees or against  the industrial special
indemnity fund except as otherwise discoverable under

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

the Idaho or federal rules of civil procedure. These records shall
include, but  are not limited to, claims evaluations, investigatory
records, computerized reports of losses, case reserves, internal
documents and correspondence relating thereto. At the time any
claim is concluded, only statistical data and actual amounts paid
in settlement shall be deemed a public record unless otherwise
ordered to be sealed by a court of competent jurisdiction.
Provided, however, nothing in this subsection is intended to limit
the attorney client privilege or attorney work product privilege
otherwise available to any public agency.

      [(41)](40) Records of laboratory test results provided by or
retained by the department of agriculture's quality assurance
laboratory. Nothing in this subsection shall limit the use which
can be made, or availability of such information if used, for
regulatory purposes or its admissibility in any enforcement
proceeding.

HISTORY: I.C., @ 9-340, as added by 1990, ch. 213, @ 1, p. 480; am.
1991, ch. 61, @ 7, p. 140; am. 1992, ch. 200, @ 1, p. 618; am.
1992, ch. 257, @ 1, p. 744; am. 1992, ch. 312, @ 1, p. 927; am.
1992, ch. 313, @ 1, p. 931; am. 1993, ch. 31, @ 1, p. 101; am.
1993, ch. 155, @ 2, p. 391; am. 1993, ch. 190, @ 1, p. 483; am.
1993, ch. 198, @ 1, p. 543; am. 1993, ch. 302, @ 1, p. 1118; am.
1993, ch. 327, @ 4, p. 1186.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

 NOTES: COMPILER'S NOTES. For this section as effective January 1,
1994, and as effective July 1, 1994, see the two following
sections, also numbered @ 9-340.    This section was amended by
eight 1993 acts -- ch. 31, @ 1, ch. 155, @ 2, ch. 190, @ 1, ch.
198, @ 1, ch. 302, @ 1, and ch. 327, @ 4, all effective July 1,
1993; ch. 94, @ 1, effective January 1, 1994; and ch. 388, @ 2,
effective July 1, 1994 -- which do not appear to conflict and have
been compiled together.    The six amendments by chs. 31, 155, 190,
198, 302 and 327, effective July 1,  1993 are compiled in this
version. For the versions of this section effective January 1, 1994
and July 1, 1994 see the following two sections also numbered @
9-340.    The amendment by ch. 31, @ 1, redesignated a former
subdivision (37) which begins "The worker's compensation" as
present subdivision (38); redesignated another former subdivision
(37) which begins "Names and addresses" as present subdivision
(39); and added present subdivision (40) which begins "Records of
any risk".    The amendment by ch. 155, @ 2, added a semicolon at
the end of subdivision (11)(e); added subdivision (11)(f) and
subdivisions (11)(f)(i) and (ii); and redesignated two former
subdivision (37)'s as present subdivisions (38) and (39) in the
same manner as ch. 31, @ 1.    The amendment by ch. 190, @ 1, near
the end of subdivision (2) substituted a  comma for "or" following
"device, method, technique"; added ", or unpublished
or in progress research" following "method, technique, process";
and redesignated two former subdivision (37)'s as present
subdivisions (38) and (39) in the same manner as ch. 31, @ 1.
The amendment by ch. 198, @ 1, redesignated two former subdivision
(37)'s as  present subdivisions (38) and (39) in the same manner as
ch. 31, @ 1; and added  a new subdivision (40) which begins
"Records of laboratory test". Since ch. 31,  @ 1 also added a new
subdivision (40), subdivision (40) as added by ch. 198, @ 1 carries
the bracketed designation "(41)" which was added by the compiler.

  The amendment by ch. 302, @ 1, added at the end of the first
sentence of subdivision (15) ", private association peer review
committee records authorized in title 54, Idaho Code"; added the
present second sentence of subdivision (15); and redesignated two
former subdivision (37)'s as present subdivisions (38) and  (39) in
the same manner as ch. 31, @ 1.    The amendment by ch. 327, @ 4,
in subdivision (31) in two places substituted  "council" for
"auditor" preceding "prior to release" and preceding "that would
otherwise"; and redesignated two former subdivision (37)'s as
present subdivisions (38) and (39) in the same manner as ch. 31, @
1.

The amendment by ch. 94, @ 1, effective January 1, 1994,
added at the end of  subdivision (18) ", except such information to
the extent disclosed in a written decision of the tax commission
pursuant to a taxpayer protest of a deficiency determination by the
tax commission, under the provisions of section 63-3045B, Idaho
Code."; and redesignated two former subdivision (37)'s as present
subdivisions (38) and (39) in the same manner as ch. 31, @ 1.
The amendment by ch. 388, @ 2, effective July 1, 1994, added
subdivision (31)(a); added the subdivision designation "(b)" to
subdivision (31)(b), which was formerly subdivision (31); and
redesignated two former subdivision (37)'s as present subdivisions
(38) and (39) in the same manner as ch. 31, @ 1.    Section 41 of
S.L. 1993, ch. 327 read: "All employees employed by the Joint
Senate Finance-House Appropriations Committee, the Legislative
Auditor or Legislative Budget Office on June 30, 1993, shall be
transferred to the Legislative Council and shall be deemed to be
employees of the Legislative Council on July 1, 1993. All moneys
which have been appropriated to and been encumbered by the Joint
Senate Finance-House Appropriations Committee, the Legislative
Budget Office and the Legislative Auditor on June 30, 1993, shall
be transferred to the Legislative Council and shall be deemed to be
encumbered by that body. All moneys appropriated to the Joint
Senate Finance-House Appropriations Committee for the Legislative
Auditor and the Legislative Budget  Office are deemed appropriated
to the Legislative Council for the same period and purpose."
Section 6 of S.L. 1991, ch. 61 is compiled as @ 59-1353.    Section
2 of S.L. 1992, ch. 200 is compiled as @ 9-342.    Section 1 of
S.L. 1993, ch. 155 is compiled as @@ 18-8301 through 18-8311.
Sections 3 and 5 of S.L. 1993, ch. 327 are compiled as @@ 67-457
through 67-464 and @ 20-408, respectively.


   Section 2 of S.L. 1992, ch. 313 declared an emergency. Approved
April 9, 1992.    Section 111 of S.L. 1990, ch. 213 as amended by
@ 16 of S.L. 1991, ch. 329 provided that @@ 1, 2, 46 and 47 of the
act should take effect July 1, 1990.   SEC. TO SEC. REF. This
section is referred to in @@ 18-8309, 31-3418 and 41-5103.

                         ------------------------------

SECOND OF THREE VERSIONS OF THIS SECTION

@ 9-340. Records exempt from disclosure. [Effective January 1, 1994
and until July 1, 1994.]

   The following records are exempt from disclosure:

      (1) Any public record exempt from disclosure by federal or
state law or federal regulations to the extent specifically
provided for by such law or regulation.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (2) Trade secrets including those contained in response to
public agency requests for proposal, requests for clarification,
requests for information and  similar requests. "Trade secrets" as
used in this section mean information, including a formula,
pattern, compilation, program, computer program, device, method,
technique, process, or unpublished or in progress research that:

         (a) Derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by other persons who can obtain
economic value from its disclosure or use; and

         (b) Is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.

      (3) Records, maps or other records identifying the location
of archaeological or geophysical sites or endangered species, if
not already known  to the general public.

      (4) Archaeological and geologic records concerning
exploratory drilling, logging, mining and other excavation, when
such records are required to be filed by statute for the time
provided by statute.

      (5) Production records, sale or purchase records, catch
records, mortgage  portfolio loan documents, or similar business
records of a private concern or enterprise required by law to be
submitted to or inspected by a public agency. Nothing in this
subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any
enforcement proceeding.

      (6) Records relating to the appraisal of real property,
timber, or mineral rights prior to its acquisition, sale or lease
by a public agency.

      (7) Any estimate prepared by a public agency that details the
cost of a public project until such time as disclosed or bids are
opened, or upon award of the contract for construction of the
public project.

      (8) Records gathered by a local agency or the Idaho
department of commerce, as described in chapter 47, title 67, Idaho
Code, for the specific purpose of assisting a person to locate,
maintain, invest in, or expand business operations in the state of
Idaho.

      (9) The records of a library which, when examined alone, or
when examined  with other public records, would reveal the identity
of the library patron checking out, requesting, or using an item
from a library.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (10) The material of a library, museum or archive which has
been contributed by a private person, to the extent of any
limitation that is a condition of the contribution.

      (11) Records of a personal nature as follows:

         (a) Records of personal debt filed with a public agency
pursuant to law;

         (b) Personal bank records compiled by a public depositor
for the purpose of public funds transactions conducted pursuant to
law;

         (c) Records of ownership of financial obligations and
instruments of a  public agency, such as bonds, compiled by the
public agency pursuant to law;

         (d) Records, with regard to the ownership of, or security
interests in, registered public obligations;

         (e) Vital statistics records.

         (f) Except as provided in this subsection, all information
provided to  a law enforcement agency for sex offender registration
pursuant to the provisions of section 18-8306, Idaho Code

          (i) Such information shall be  available
          upon request to a law enforcement
agency; and

            (ii) The information provided pursuant to the
provisions of subsections (1) and (3) of section 18-8306, Idaho
Code, shall be provided to any person upon written request. Such
written request shall include the name, date of birth and social
security number of the person for whom the information is
requested.

      (12) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given if
the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in this
exemption, to the extent that disclosure would create a risk that
the result might be affected.

      (13) Retired employees' and retired public officials' home
addresses, home telephone numbers and other financial and
nonfinancial membership records; active and inactive member
financial and membership records and mortgage portfolio loan
documents maintained by the public employee retirement system.
Financial statements prepared by retirement system staff, funding
agents and
custodians concerning the investment of assets of the public
employee retirement system of Idaho are not considered confidential
under this chapter.

      (14) Any personal records, other than names and addresses,
such as parentage, race, religion, sex, height, weight, tax
identification and social security numbers, financial worth or
medical condition submitted to any public agency pursuant to a
statutory requirement for licensing, certification, permit  or
bonding.

      (15) Unless otherwise provided by agency rule, information
obtained as part of an inquiry into a person's fitness to be
granted or retain a license, certificate, permit, privilege,
commission or position, private association peer review committee
records authorized in title 54, Idaho Code. Any agency which has
records exempt from disclosure under the provisions of this
subsection shall annually make available a statistical summary of
the number and types of matters considered and their disposition.

      (16) Computer programs developed or purchased by or for any
public agency  for its own use. As used in this subsection,
"computer program" means a series of instructions or statements
which permit the functioning of a computer system  in a manner
designed to provide storage, retrieval and manipulation of data
from the computer system, and any associated documentation and
source material that

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

explain how to operate the computer program. Computer program does
not include:

         (a) The original data including, but not limited to,
numbers, text, voice, graphics and images;

         (b) Analysis, compilation and other manipulated forms of
the original data produced by use of the program; or

         (c) The mathematical or statistical formulas that would be
used if the  manipulated forms of the original data were to be
produced manually.

      (17) Records that identify the method by which the Idaho
state tax commission selects tax returns for audit review.

      (18) Information in an income or other tax return measured by
items of income or sales, which is gathered by a public agency for
the purpose of administering the tax, except such information to
the extent disclosed in a written decision of the tax commission
pursuant to a taxpayer protest ofeficiency determination by the tax
commission, under the provisions of section 63-3045B, Idaho Code.

      (19) Information and records submitted to the Idaho state
lottery for the  performance of background investigations of
employees, lottery retailers and major procurement contractors;
audit records of lottery retailers, vendors and major procurement
contractors submitted to or performed by the Idaho state lottery;
validation and security tests of the state lottery for lottery
games; business records and information submitted pursuant to
sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and
such documents and information obtained and held for the purposes
of lottery security and investigative action  as determined by
lottery rules unless the public interest in disclosure
substantially outweighs the private need for protection from public
disclosure.

      (20) Employment security information and unemployment
insurance benefit information, except that all interested parties
may agree to waive the exemption.

      (21) Examination, operating or condition reports and all
documents relating thereto, prepared by or supplied to any public
agency responsible for the regulation or supervision of financial
institutions including, but not limited to, banks, savings and loan
associations, regulated lenders, business and industrial
development corporations, credit unions, and insurance companies,
or for the regulation or supervision of the issuance of securities.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (22) Investigatory records of a law enforcement agency, as
defined in section 9-337(5), Idaho Code, under the conditions set
forth in section 9-335, Idaho Code.

      (23) Records of a personal nature related directly or
indirectly to the application for and provision of statutory
services rendered to persons applying for public care for the
elderly, indigent, or mentally or physically handicapped, or
participation in an environmental or a public health study.

      (24) Records of investigations prepared by the department of
health and welfare pursuant to its statutory responsibilities
dealing with the protection of children, the rehabilitation of
youth, adoptions and the commitment of mentally ill persons.

      (25) Records of the department of health and welfare or a
public health district that identifies a person infected with a
reportable disease.

      (26) Records of hospital care, medical records, records of
psychiatric care or treatment and professional counseling records
relating to an individual's condition, diagnosis, care or
treatment.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (27) Records of a person maintained pursuant to chapter 18,
title 16, Idaho Code.

      (28) Shipping and marketing records of commodity commissions
used to evaluate marketing and advertising strategies and the names
and addresses of growers and shippers maintained by commodity
commissions.

      (29) Records contained in court files of judicial
proceedings, the disclosure of which is prohibited by or under
rules adopted by the Idaho supreme court, but only to the extent
that confidentiality is provided under such rules, and any drafts
or other working memoranda related to judicial decision making.

      (30) Records consisting of draft legislation and documents
specifically related to such draft legislation or research requests
submitted to the legislative council by a member of the Idaho
legislature for the purpose of placing such draft legislation into
a form suitable for introduction as official proposed legislation
of the legislature of the state of Idaho, unless the indial
legislator having submitted or requested such records or research
agrees to waive the provisions of confidentiality provided by this
subsection.

      (31) All papers, physical and electronic records and
correspondence or other supporting materials comprising the work
papers in the possession of the

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

office of the legislative council prior to release of the related
final audit and all other records or materials in the possession of
the office of the legislative council that would otherwise be
confidential or exempt from disclosure.

      (32) The records, finding, determinations and decision of any
prelitigation screening panel formed under chapter 10, title 6,
Idaho Code.

      (33) Board of professional discipline reprimands by informal
admonition pursuant to subsection (6)(f) of section 54-1806A, Idaho
Code.

      (34) Records including, but not limited to, investigative
reports, resulting from investigations conducted into complaints of
discrimination made to the Idaho human rights commission unless the
public interest in allowing inspection and copying of such records
outweighs the legitimate public or private interest in maintaining
confidentiality of such records. A person may inspect and copy
documents from an investigative file to which he or she is a named
party if such documents are not otherwise prohibited from
disclosure by federal law or regulation or state law. The
confidentiality of this subsection will no longer apply to any
record used in any judicial proceeding brought by a  named party to
the complaint or investigation, or by the Idaho human rights
commission, relating to the complaint of discrimination.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (35) Information, records, including names and addresses of
victims, or investigations of the department of correction or the
commission of pardons and  parole to the extent that disclosure
thereof would interfere with the secure and orderly conduct of
their operations, or the rehabilitation of any person in the
custody of the department of correction or on parole, or would
substantially prejudice or prevent the carrying out of the
functions of the department of correction or the commission of
pardons and parole if the public interest in confidentiality
clearly outweighs the public interest in disclosure.

      (36) Except as provided in this subsection, all personnel
records of a current or former public official other than the
public official's public service or employment history,
classification, pay grade and step, longevity, gross salary and
salary history, status, workplace and employing agency. All other
personnel information relating to a public employee or applicant,
including, but not limited to, information regarding sex, race,
marital status,  birth date, home address and telephone number,
applications, testing and scoring materials, grievances,
correspondence and performance evaluations, shall not be  disclosed
to the public without the employee's or applicant's written
consent. A public official or authorized representative may inspect
and copy his personnel  records, except for material used to screen
and test for employment.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (37) Records containing information obtained by the manager
of the Idaho state insurance fund pursuant to chapter 9, title 72,
Idaho Code, from or on behalf of employers or employees contained
in underwriting and claims for benefits files.

      (38) The worker's compensation records of the Idaho
industrial commission  provided that the industrial commission
shall make such records available:

         (a) To the parties in any worker's cosation claim and to
the industrial special indemnity fund of the state of Idaho; or

         (b) To employers and prospective employers subject to the
provisions of the Americans with disabilities act, 42 U.S.C. 12112,
or other statutory limitations who certify that the information is
being requested with respect to  a worker to whom the employer has
extended an offer of employment and will be used in accordance with
the provisions of the Americans with disabilities act, 42 U.S.C.
12112, or other statutory limitations; or

         (c) To employers and prospective employers not subject to
the provisions of the Americans with disabilities act, 42 U.S.C.
12112, or other statutory limitations, provided the employer
presents a written authorization from the person to whom the
records pertain; or

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

         (d) To others who demonstrate that the public interest in
allowing inspection and copying of such records outweighs the
public or private interest  in maintaining the confidentiality of
such records, as determined by a civil court of competent
jurisdiction.

      (39) Names and addresses of seed companies, seed crop
growers, seed crop consignees, locations of seed crop fields,
variety name and acreage by variety.  Upon the request of the owner
of the proprietary variety, this information shall be released to
the owner. Provided, however, that if a seed crop has been
identified as diseased or has been otherwise identified by the
Idaho department  of agriculture, other state departments of
agriculture, or the United States department of agriculture to
represent a threat to that particular seed or commercial crop
industry or to individual growers, information as to test results,
location, acreage involved and disease symptoms of that particular
seed crop, for that growing season, shall be available for public
inspection and copying. This exemption shall not supersede the
provisions of section 22-436, Idaho Code.

      (40) Records of any risk retention or self-insurance program
prepared in anticipation of litigation or for analysis of or
settlement of potential or actual money damage claims against a
public entity and its employees or against  the industrial special
indemnity fund except as otherwise discoverable under
the Idaho or federal rules of civil procedure. These records shall
include, but  are not limited to, claims evaluations, investigatory
records, computerized reports of losses, case reserves, internal
documents and correspondence relating thereto. At the time any
claim is concluded, only statistical data and actual amounts paid
in settlement shall be deemed a public record unless otherwise
ordered to be sealed by a court of competent jurisdiction.
Provided, however, nothing in this subsection is intended to limit
the attorney client privilege or attorney work product privilege
otherwise available to any public agency.

      [(41)](40) Records of laboratory test results provided by or
retained by the department of agriculture's quality assurance
laboratory. Nothing in this subsection shall limit the use which
can be made, or availability of such information if used, for
regulatory purposes or its admissibility in any enforcement
proceeding.

HISTORY: I.C., @ 9-340, as added by 1990, ch. 213, @ 1, p. 480; am.
1991, ch. 61, @ 7, p. 140; am. 1992, ch. 200, @ 1, p. 618; am.
1992, ch. 257, @ 1, p. 744; am. 1992, ch. 312, @ 1, p. 927; am.
1992, ch. 313, @ 1, p. 931; am. 1993, ch. 31, @ 1, p. 101; am.
1993, ch. 94, @ 1, p. 224; am. 1993, ch. 155, @ 2, p. 391;  am.
1993, ch. 190, @ 1, p. 483; am. 1993, ch. 198, @ 1, p. 543; am.
1993, ch. 302, @ 1, p. 1118; am. 1993, ch. 327, @ 4, p. 1186.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

                         ------------------------------

THIRD OF THREE VERSIONS OF THIS SECTION

   The following records are exempt from disclosure:

      (1) Any public record exempt from disclosure by federal or
state law or federal regulations to the extent specifically
provided for by such law or regulation.

      (2) Trade secrets including those contained in response to
public agency requests for proposal, requests for clarification,
requests for information and  similar requests. "Trade secrets" as
used in this section mean information, including a formula,
pattern, compilation, program, computer program, device, method,
technique, process, or unpublished or in progress research that:

         (a) Derives independent economic value, actual or
potential, from not being generally known to, and not being readily
ascertainable by proper means by other persons who can obtain
economic value from its disclosure or use; and

         (b) Is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (3) Records, maps or other records identifying the location
of archaeological or geophysical sites or endangered species, if
not already known  to the general public.

      (4) Archaeological and geologic records concerning
exploratory drilling, logging, mining and other excavation, when
such records are required to be filed by statute for the time
provided by statute.

      (5) Production records, sale or purchase records, catch
records, mortgage  portfolio loan documents, or similar business
records of a private concern or enterprise required by law to be
submitted to or inspected by a public agency. Nothing in this
subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any
enforcement proceeding.

      (6) Records relating to the appraisal of real property,
timber, or mineral rights prior to its acquisition, sale or lease
by a public agency.

      (7) Any estimate prepared by a public agency that details the
cost of a public project until such time as disclosed or bids are
opened, or upon award of the contract for construction of the
public project.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (8) Records gathered by a local agency or the Idaho
department of commerce, as described in chapter 47, title 67, Idaho
Code, for the specific purpose of assisting a person to locate,
maintain, invest in, or expand business operations in the state of
Idaho.

      (9) The records of a library which, when examined alone, or
when examined  with other public records, would reveal the identity
of the library patron checking out, requesting, or using an item
from a library.

      (10) The material of a library, museum or archive which has
been contributed by a private person, to the extent of any
limitation that is a condition of the contribution.

      (11) Records of a personal nature as follows:

         (a) Records of personal debt filed with a public agency
pursuant to law;

         (b) Personal bank records compiled by a public depositor
for the purpose of public funds transactions conducted pursuant to
law;

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

         (c) Records of ownership of financial obligations and
instruments of a  public agency, such as bonds, compiled by the
public agency pursuant to law;

         (d) Records, with regard to the ownership of, or security
interests in, registered public obligations;

         (e) Vital statistics records;

         (f) Except as provided in this subsection, all information
provided to  a law enforcement agency for sex offender registration
pursuant to the provisions of section 18-8306, Idaho Code
(i) Such information shall be  available upon request to a law
enforcement agency; and

            (ii) The information provided pursuant to the
provisions of subsections (1) and (3) of section 18-8306, Idaho
Code, shall be provided to any person upon written request. Such
written request shall include the name, date of birth and social
security number of the person for whom the information is
requested.

      (12) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given if
the examination is to be used

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

again. Records establishing procedures for and instructing persons
administering, grading or evaluating an examination or testing
procedure are included in this exemption, to the extent that
disclosure would create a risk that the result might be affected.

      (13) Retired employees' and retired public officials' home
addresses, home telephone numbers and other financial and
nonfinancial membership records; active and inactive member
financial and membership records and mortgage portfolio loan
documents maintained by the public employee retirement system.
Financial statements prepared by retirement system staff, funding
agents and custodians concerning the investment of assets of the
public employee retirement system of Idaho are not considered
confidential under this chapter.

      (14) Any personal records, other than names and addresses,
such as parentage, race, religion, sex, height, weight, tax
identification and social security numbers, financial worth or
medical condition submitted to any public agency pursuant to a
statutory requirement for licensing, certification, permit  or
bonding.

      (15) Unless otherwise provided by agency rule, information
obtained as part of an inquiry into a person's fitness to be
granted or retain a license, certificate, permit, privilege,
commission or position, private association
peer review committee records authorized in title 54, Idaho Code.
Any agency which has records exempt from disclosure under the
provisions of this subsection shall annually make available a
statistical summary of the number and types of matters considered
and their disposition.

      (16) Computer programs developed or purchased by or for any
public agency  for its own use. As used in this subsection,
"computer program" means a series of instructions or statements
which permit the functioning of a computer system  in a manner
designed to provide storage, retrieval and manipulation of data
from the computer system, and any associated documentation and
source material that explain how to operate the computer program.
Computer program does not include:

         (a) The original data including, but not limited to,
numbers, text, voice, graphics and images;

         (b) Analysis, compilation and other manipulated forms of
the original data produced by use of the program; or

         (c) The mathematical or statistical formulas that would be
used if the  manipulated forms of the original data were to be
produced manually.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (17) Records that identify the method by which the Idaho
state tax commission selects tax returns for audit review.

      (18) Information in an income or other tax return measured by
items of income or sales, which is gathered by a public agency for
the purpose of administering the tax, except such information to
the extent disclosed in a written decision of the tax commission
pursuant to a taxpayer protest ofeficiency determination by the tax
commission, under the provisions of section 63-3045B, Idaho Code.

      (19) Information and records submitted to the Idaho state
lottery for the  performance of background investigations of
employees, lottery retailers and major procurement contractors;
audit records of lottery retailers, vendors and major procurement
contractors submitted to or performed by the Idaho state lottery;
validation and security tests of the state lottery for lottery
games; business records and information submitted pursuant to
sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and
such documents and information obtained and held for the purposes
of lottery security and investigative action  as determined by
lottery rules unless the public interest in disclosure
substantially outweighs the private need for protection from public
disclosure.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (20) Employment security information and unemployment
insurance benefit information, except that all interested parties
may agree to waive the exemption.

      (21) Examination, operating or condition reports and all
documents relating thereto, prepared by or supplied to any public
agency responsible for the regulation or supervision of financial
institutions including, but not limited to, banks, savings and loan
associations, regulated lenders, business and industrial
development corporations, credit unions, and insurance companies,
or for the regulation or supervision of the issuance of securities.

      (22) Investigatory records of a law enforcement agency, as
defined in section 9-337(5), Idaho Code, under the conditions set
forth in section 9-335, Idaho Code.

      (23) Records of a personal nature related directly or
indirectly to the application for and provision of statutory
services rendered to persons applying for public care for the
elderly, indigent, or mentally or physically handicapped, or
participation in an environmental or a public health study.

      (24) Records of investigations prepared by the department of
health and welfare pursuant to its statutory responsibilities
dealing with the protection
of children, the rehabilitation of youth, adoptions and the
commitment of mentally ill persons.

      (25) Records of the department of health and welfare or a
public health district that identifies a person infected with a
reportable disease.

      (26) Records of hospital care, medical records, records of
psychiatric care or treatment and professional counseling records
relating to an individual's condition, diagnosis, care or
treatment.

      (27) Records of a person maintained pursuant to chapter 18,
title 16, Idaho Code.

      (28) Shipping and marketing records of commodity commissions
used to evaluate marketing and advertising strategies and the names
and addresses of growers and shippers maintained by commodity
commissions.

      (29) Records contained in court files of judicial
proceedings, the disclosure of which is prohibited by or under
rules adopted by the Idaho supreme court, but only to the extent
that confidentiality is provided under such rules, and any drafts
or other working memoranda related to judicial decision making.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (30) Records consisting of draft legislation and documents
specifically related to such draft legislation or research requests
submitted to the legislative council by a member of the Idaho
legislature for the purpose of placing such draft legislation into
a form suitable for introduction as official proposed legislation
of the legislature of the state of Idaho, unless the indial
legislator having submitted or requested such records or research
agrees to waive the provisions of confidentiality provided by this
subsection.

      (31)(a) All papers, physical and electronic records and
correspondence or  other supporting materials comprising the work
papers in the possession of the office of the state auditor prior
to release of the related final audit and all  other records or
materials in the possession of the office of the state auditor
that would otherwise be confidential or exempt from disclosure.

         (b) All papers, physical and electronic records and
correspondence or other supporting materials comprising the work
papers in the possession of the office of the legislative council
prior to release of the related final audit and all other records
or materials in the possession of the office of the legislative
council that would otherwise be confidential or exempt from
disclosure.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (32) The records, finding, determinations and decision of any
prelitigation screening panel formed under chapter 10, title 6,
Idaho Code.

      (33) Board of professional discipline reprimands by informal
admonition pursuant to subsection (6)(f) of section 54-1806A, Idaho
Code.

      (34) Records including, but not limited to, investigative
reports, resulting from investigations conducted into complaints of
discrimination made to the Idaho human rights commission unless the
public interest in allowing inspection and copying of such records
outweighs the legitimate public or private interest in maintaining
confidentiality of such records. A person may inspect and copy
documents from an investigative file to which he or she is a named
party if such documents are not otherwise prohibited from
disclosure by federal law or regulation or state law. The
confidentiality of this subsection will no longer apply to any
record used in any judicial proceeding brought by a  named party to
the complaint or investigation, or by the Idaho human rights
commission, relating to the complaint of discrimination.

      (35) Information, records, including names and addresses of
victims, or investigations of the department of correction or the
commission of pardons and  parole to the extent that disclosure
thereof would interfere with the secure and orderly conduct of
their operations, or the rehabilitation of any person in
the custody of the department of correction or on parole, or would
substantially prejudice or prevent the carrying out of the
functions of the department of correction or the commission of
pardons and parole if the public interest in confidentiality
clearly outweighs the public interest in disclosure.

      (36) Except as provided in this subsection, all personnel
records of a current or former public official other than the
public official's public service or employment history,
classification, pay grade and step, longevity, gross salary and
salary history, status, workplace and employing agency. All other
personnel information relating to a public employee or applicant,
including, but not limited to, information regarding sex, race,
marital status,  birth date, home address and telephone number,
applications, testing and scoring materials, grievances,
correspondence and performance evaluations, shall not be  disclosed
to the public without the employee's or applicant's written
consent. A public official or authorized representative may inspect
and copy his personnel  records, except for material used to screen
and test for employment.

      (37) Records containing information obtained by the
managerthe Idaho state insurance fund pursuant to chapter 9, title
72, Idaho Code, from or on behalf of employers or employees
contained in underwriting and claims for benefits files.

         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (38) The worker's compensation records of the Idaho
industrial commission  provided that the industrial commission
shall make such records available:

         (a) To the parties in any worker's compensation claim and
to the industrial special indemnity fund of the state of Idaho; or

         (b) To employers and prospective employers subject to the
provisions of the Americans with disabilities act, 42 U.S.C. 12112,
or other statutory limitations who certify that the information is
being requested with respect to  a worker to whom the employer has
extended an offer of employment and will be used in accordance with
the provisions of the Americans with disabilities act, 42 U.S.C.
12112, or other statutory limitations; or

         (c) To employers and prospective employers not subject to
the provisions of the Americans with disabilities act, 42 U.S.C.
12112, or other statutory limitations, provided the employer
presents a written authorization from the person to whom the
records pertain; or

         (d) To others who demonstrate that the public interest in
allowing inspection and copying of such records outweighs the
public or private interest  in maintaining the confidentiality of
such records, as determined by a civil court of competent
jurisdiction.
         Idaho Code @ 9-340 (1993) (This section has multiple
versions)

      (39) Names and addresses of seed companies, seed crop
growers, seed crop consignees, locations of seed crop fields,
variety name and acreage by variety.  Upon the request of the owner
of the proprietary variety, this information shall be released to
the owner. Provided, however, that if a seed crop has been
identified as diseased or has been otherwise identified by the
Idaho department  of agriculture, other state departments of
agriculture, or the United States department of agriculture to
represent a threat to that particular seed or commercial crop
industry or to individual growers, information as to test results,
location, acreage involved and disease symptoms of that particular
seed crop, for that growing season, shall be available for public
inspection and copying. This exemption shall not supersede the
provisions of section 22-436, Idaho Code.

      (40) Records of any risk retention or self-insurance program
prepared in anticipation of litigation or for analysis of or
settlement of potential or actual money damage claims against a
public entity and its employees or against  the industrial special
indemnity fund except as otherwise discoverable under the Idaho or
federal rules of civil procedure. These records shall include, but
are  not limited to, claims evaluations, investigatory records,
computerized reports  of losses, case reserves, internal documents
and correspondence relating thereto. At the time any claim is
concluded, only statistical data and actual amounts paid in
settlement shall be deemed a public record unless otherwise
ordered to be sealed by a court of competent jurisdiction.
Provided, however, nothing in this subsection is intended to limit
the attorney client privilege or attorney work product privilege
otherwise available to any public agency.

      [(41)](40) Records of laboratory test results provided by or
retained by the department of agriculture's quality assurance
laboratory. Nothing in this subsection shall limit the use which
can be made, or availability of such information if used, for
regulatory purposes or its admissibility in any enement proceeding.

HISTORY: I.C., @ 9-340, as added by 1990, ch. 213, @ 1, p. 480; am.
1991, ch. 61, @ 7, p. 140; am. 1992, ch. 200, @ 1, p. 618; am.
1992, ch. 257, @ 1, p. 744; am. 1992, ch. 312, @ 1, p. 927; am.
1992, ch. 313, @ 1, p. 931; am. 1993, ch. 31, @ 1, p. 101; am.
1993, ch. 94, @ 1, p. 224; am. 1993, ch. 155, @ 2, p. 391;  am.
1993, ch. 190, @ 1, p. 483; am. 1993, ch. 198, @ 1, p. 543; am.
1993, ch. 302, @ 1, p. 1118; am. 1993, ch. 327, @ 4, p. 1186; am.
1993, ch. 388, @ 2, p. 1435.


                           Idaho Code @ 9-341 (1993)

@ 9-341. Exempt and nonexempt public records to be separated

   If any public record contains material which is not exempt from
disclosure as well as material which is exempt from disclosure, the
public agency shall, upon  receipt of a request for disclosure,
separate the exempt and nonexempt material  and make the nonexempt
material available for examination[,] provided that a denial of a
request to copy nonexempt material in a public record shall not be
based upon the fact that such nonexempt material is contained in
the same public record as the exempt material.

HISTORY: I.C., @ 9-341, as added by 1990, ch. 213, @ 1, p. 480.




                           Idaho Code @ 9-342 (1993)

@ 9-342. Access to records about a person by a person

   (1) A person may inspect and copy the records of a public agency
pertaining to that person, even if the record is otherwise exempt
from public disclosure.

   (2) A person may request in writing an amendment of any record
pertaining to  that person. Within ten (10) days of the receipt of
the request, the public agency shall either:

      (a) Make any correction of any portion of the record which
the person establishes is not accurate, relevant, or complete; or

      (b) Inform the person in writing of the refusal to amend in
accordance with the request and the reasons for the refusal, and
indicate clearly the person's right to appeal the refusal and the
time period for doing so. The procedures for appealing a refusal to
amend shall be the same as those set forth in sections 9-343 and
9-344, Idaho Code, and the court may award reasonable costs and
attorney fees to the prevailing party or parties, if it finds that
the request for amendment or refusal to amend was frivolously
pursued.

   (3) The right to inspect and amend records pertaining to oneself
does not include the right to review otherwise exempt investigatory
records of a public agency if the investigation is ongoing,
information that is compiled in reasonable anticipation of a civil
action or proceeding which is not otherwise discoverable or the
information relates to adoption records or information which is
otherwise exempt from disclosure by statute.

HISTORY: I.C., @ 9-342, as added by 1990, ch. 213, @ 1, p. 480; am.
1992, ch. 200, @ 2, p. 618.

Idaho Code @ 9-342 (1993)

 NOTES: COMPILER'S NOTES. Section 1 of S.L. 1992, ch. 200 is
compiled as @ 9-340.


                           Idaho Code @ 9-343 (1993)

@ 9-343. Proceedings to enforce right to examine or to receive a
copy of records -- Retention of disputed records

   (1) The sole remedy for a person aggrieved by the denial of a
request for disclosure is to institute proceedings in the district
court of the county where the records or some part thereof are
located, to compel the public agency to make the information
available for public inspection in accordance with the
provisions of this act. The petition contesting the public agency's
decision shall be filed within one hundred eighty (180) calendar
days from the date of mailing of the notice of denial or partial
denial by the public agency. The time for responsive pleadings and
for hearings in such proceedings shall be set by the court at the
earliest possible time, or in no event beyond twenty-eight (28)
calendar days from the date of filing.

   (2) The public agency shall keep all documents or records in
question until the end of the appeal period, until a decision has
been rendered on the petition, or as otherwise statutorily
provided, whichever is longer.

   (3) Nothing contained in this act shall limit the availability
of documents and records for discovery in the normal course of
judicial or administrative adjudicatory proceedings, subject to the
law and rules of evidence and of discovery governing such
proceedings.

HISTORY: I.C., @ 9-343, as added by 1990, ch. 213, @ 1, p. 480; am.
1992, ch. 200, @ 3, p. 618.



                           Idaho Code @ 9-344 (1993)

@ 9-344. Order of the court -- Court costs and attorney fees
   (1) Whenever it appears that certain public records are being
improperly withheld from a member of the public, the court shall
order the public official  charged with withholding the records to
disclose the public record or show cause why he should not do so.
The court shall decide the case after examining the pleadings filed
by the parties and such oral arguments and additional evidence
as the court may allow. The court may examine the record in camera
in its discretion.

   (2) If the court finds that the public official's decision to
refuse disclosure is not justified, it shall order the public
official to make the requested disclosure. If the court determines
that the public official was justified in refusing to make the
requested record available, he shall return the item to the public
official without disclosing its content and shall enter an order
supporting the decision refusing disclosure. In any such action,
the court shall award reasonable costs and attorney fees to the
prevailing party or  parties, if it finds that the request or
refusal to provide records was frivolously pursued.

HISTORY: I.C., @ 9-344, as added by 1990, ch. 213, @ 1, p. 480.

 NOTES: SEC. TO SEC. REF. This section is referred to in @ 9-340.


                           Idaho Code @ 9-345 (1993)

@ 9-345. Additional penalty

   If the court finds that a public official has deliberately and
in bad faith improperly refused a legitimate request for inspection
or copying, a civil penalty shall be assessed against the public
official in an amount not to exceed one thousand dollars ($1,000),
which shall be paid into the general account.
      Idaho Code @ 9-345 (1993)

HISTORY: I.C., @ 9-345, as added by 1990, ch. 213, @ 1, p. 480.


                           Idaho Code @ 9-346 (1993)

@ 9-346. Immunity

   No public agency, public official, or custodian shall be liable,
nor shall a  cause of action exist, for any loss or damage based
upon the release of a public record governed by the provisions of
this chapter if the public agency, public official or custodian
acted in good faith in attempting to comply with the provisions of
this chapter.

     Idaho Code @ 9-346 (1993)


HISTORY: I.C., @ 9-346, as added by 1990, ch. 213, @ 1, p. 480.


                           Idaho Code @ 9-347 (1993)

@ 9-347. Agency guidelines

   By January 1, 1991, every state agency shall adopt guidelines
that identify the general subject matter of all public records kept
or maintained by the state agency, the custodian, and the physical
location of such documents.

Idaho Code @ 9-347 (1993)

HISTORY: I.C., @ 9-347, as added by 1990, ch. 213, @ 1, p. 480.


                           Idaho Code @ 9-348 (1993)

@ 9-348. Prohibition on distribution or sale of mailing or
telephone number lists -- Penalty

   (1) Except as provided in subsections (2), (3), (4), (5) and (6)
of this section, in order to protect the privacy of those who deal
with public agencies:

                            Idaho Code @ 9-348 (1993)


      (a) No agency may distribute or sell for use as a mailing
list or a telephone number list any list of persons without first
securing the permission  of those on the list; and

      (b) No list of persons prepared by the agency may be used as
a mailing list or a telephone number list except by the agency or
another agency without first securing the permission of those on
the list.

   (2) Except as may be otherwise provided in this chapter, this
section does not prevent an individual from compiling a mailing
list or a telephone number list by examination or copying of public
records, original documents or applications which are otherwise
open to public inspection.

   (3) The provisions of this section do not apply to the lists of
registered electors compiled pursuant to title 34, Idaho Code, or
to lists of the names of  employees governed by chapter 53, title
67, Idaho Code.

   (4) The provisions of this section shall not apply to agencies
which issue occupational or professional licenses.

   (5) This section does not apply to the right of access either by
Idaho law enforcement agencies or, by purchase or otherwise, of
public records dealing with motor vehicle registration.

   (6) This section does not apply to a corporate information list
developed by  the office of the secretary of state containing the
name, address, registered agent, officers and directors of
corporations authorized to do business in this  state or to a
business information list developed by the department of commerce
containing the name, address, telephone number or other relevant
information of  Idaho businesses or individuals requesting
information regarding the state of Idaho or to business lists
developed by the department of agriculture, division  of marketing
and development, used to promote food and agricultural products
produced in Idaho.

   (7) If a court finds that a person or public official has
deliberately and in bad faith violated the provisions of subsection
(1)(b) of this section, the person or public official shall be
liable for a civil penalty assessed by the court in an amount not
in excess of one thousand dollars ($1,000) which shall be paid into
the general account.

HISTORY: I.C., @ 9-348, as added by 1992, ch. 279, @ 1, p. 856; am.
1993, ch. 117, @ 1, p. 294.

Idaho Code @ 9-348 (1993)

 NOTES: COMPILER'S NOTES. Former @ 9-348 was amended and
redesignated as @ 9-349 by @ 2  of S.L. 1992, ch. 279.


                           Idaho Code @ 9-349 (1993)

@ 9-349. Severability

   The provisions of this act are hereby declared to be severable
and if any provision of this act or the application of such
provision to any person or circumstance is declared invalid for any
reason, such declaration shall not affect the validity of remaining
portions of this act.

                           Idaho Code @ 9-349 (1993)


HISTORY: I.C., @ 9-348, as added by 1990, ch. 213, @ 1, p. 480; am.
and redesig. 1992, ch. 279, @ 2, p. 856.

 NOTES: COMPILER'S NOTES. Section 2 of S.L. 1990, ch. 213 repealed
@@ 9-301, 9-302, and  59-1009, and @ 3 of S.L. 1990, ch. 213 is
compiled as @ 1-2103.    Section 111 of S.L. 1990, ch. 213 provided
that @@ 1 and 2 of the act should  take effect July 1, 1990.
This section was formerly compiled as @ 9-348 and was amended and
redesignated as @ 9-349 by @ 2 of S.L. 1992, ch. 279.


                           Idaho Code @ 9-350 (1993)

@ 9-350. Idaho Code is property of the state of Idaho

   (1) The Idaho Code is the property of the state of Idaho, and
the state of Idaho and the taxpayers shall be deemed to have a
copyright on the Idaho Code. If a person reproduces or distributes
the Idaho Code for the purpose of direct or indirect commercial
advantage, the person shall owe to the Idaho code commission, as