APPENDIX XV 

IDAHO CODE 


CONTAINING THE· 

GENERAL LAWS OF IDAHO 


ANNOTATED 


ORIGINALLY PUBLISHED BY AUTHORITY OF 

LAWS 1947, CHAPrER 224 

REPUBLISHED BY AUTHORITY OF 

LAWS 1949, CHAPTER 167 AS AMENDED 

Compiled Under the Supervision of the 


Idaho Code Commission 


RICHARD F. GOODSON 


R. DANIEL BOWEN THOMAS A. MILLER 


COMMISSIONERS 


MAX M. SHEILS, JR. 


EXECUTIVE SECRETARY 


TITLES 7·13 

MICHIE 

LexisNexis and the l{nowledge BurSt logO are registered trademarks, and MICHIE'is a trademark of·Reed ElsevierPropertieb 

Inc., used under license. Matthew Bender is a registered trademark 

of Matthew Bender Properties Inc. 

e 2010 State ofIdaho 

All righte reserved. 

4221710 

ISBN 978-1·4224·6373·4 

(j'ub.4220S) 
363 PUBLIC WRITINGS 9-337 

ble in light of the explicit statement of policy 

in this section and the implicit statement of 

policy in Idaho Evidence Rules 402 and 

804(b)(1). A c.so-by-cae. approach is the better way to determine whether the district 

court was correct in ruling that the prelimi· 

nary hearing testimony was admissible. Such 

aIi approach would allow the trial' court to 

determine, as a matter of fact, whether the 

party opposing the use ofsuch testimony had 

an opportunity and similar motive to develop 

the testimony by duect, cross, or redirect 

examination. Stete v, Ricks, 122 Idaho 856, 

840 P,2d 400 (Ct, APP, 1992), 

Where trial court determines whether 

party opposing use of preliminary hearing 

testimony had an opportunity and similar 

motive to develop the testimony by direct, 

cross, or redirect examination~ and where 

sucb findings are challenged on appeal the 

court of appeals will apply the "clear error" 

standard ofreview, Ifthe factual predicates of 

Idaho Evidence Rule 804 are met, spd ifthere 

are no other reasons shown under the rules 

for its exclusion, the court may admit the 

evidence at trial. Stete 'if. Ricks, 122 Idaho 

856, 840 P,2d 400 (Ct. App. 1992). 

The trial court erred in ruling that the 

jailed witness who refused to testifY was in 

fac! an unavailable witness without first 

bringing him hack into court and ordering 

him to testifY wider the direct threat of con­ tempt; therefore) the witness was not an Wl~ 

avaHable witness as referenced in subdivision 

2; and the admission ofhis preliminary heal'~ 

ing testimony was error, State v. Barcella, 1.35 

Idaho 191, 16 P.3d 288 (Ct. App, 2000). 

In an aggravated assault case where the 

victim testified in a preliminary hearing but 

<lied before trial, defendant's confrontation 

right was not violated by admission of that 

testimony at trial. Defendant was represented at the preliminary hearing by counsel 

who engaged the victim in full and effective 

cross~examination as to his truthfulness, bias, 

memory; and motive. State v, Mantz, - Idaho -, 222 P.3d 471 (Ct, App, 2009), 

Standard of Review. 

Til. basis of defendant'. objection to the 

adnriSBion of preliminary hearing testimony.' 

while nfit set forth specifically as required by 

Idaho Evidence Rule 1Q3(a)(1), appeared to be 

under this section, and the trial court's ruling, 

therefore, would not be disturbed }l,nless 

clearly erroneous. State v, Cross, 132 Idaho 

667; 978 P,2d 227'(1999), 

9·337. Definitions. - As used in sections 9-337 through 9-347, Idaho 

Code: 

(1) "Applicant" means any person formally seeking a paid or volunteer 

position with a public agency, "Applicant" does not include any person 

seeking appointment to a position normally tilled by election. 

(2) "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. 

(3) "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 or independent public body corporate and politic, 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. .' .. 

(4) "Independent public body cor,p,qrate and politic" means· the Idaho 

housing and finance association as created in chapter 62, title 67, Idaho 

Code. 

(5) "Inspect" means the right to listen, view an"il"make notes of public 

recor.ds as long as the public record is not altered or damaged. 

(6) "Investigatory record" means information with respect to an identifiable person, group of 'persons or entities compiled by a public agency or 

independent public body corporate and politic pursua):lt to its statutory 

authority in the course of investigating a specific act, omission, failure to 

act, or other conduct over which the public agency or independent public 

body corporate and politic has regulatory authority or Jaw enforcement 

authority. 
9-337 EVIDENCE 364 

(7) "Law enforcement agency" means any state or local agency given law 

enforcement powerS Cit which h1l8 authority to investigate, enforce, prosecute or punish violations ofstate or federal criminal statutes, ordinances or 

regulations. 

(8) "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. 

(9) "Person" means any natural person, corporation, partnership, firm, 

association, joint venture, state or local agency o~ny other recognized legal 

entity. 

(10) "Prisoner" means a person who has been convicted of a crime and is 

either incarcerated' or 'O'h parole for that crime or who is being held in 

custody for trial or sentencing. 

(11) "Public agency" means any state or local agency as defined in this 

section. . 

(12) "Public official" means any state, county, local district, independent 

public body corporate and politic or governmental official or employee, 

whether elected, appointed or hired~ 

(13) "Public record" includes, but is not limited to, any writing containing 

i,nformation relating to the conduct or administration of the public'!! business prepared, owned, used or retained by any state agency, indevendent 

public body corporate and politic or local agency regardless ofphy.sical form 

or characteristics. 

(14) "State agency" means every state officer, department, division, 

bureau, commission and board or any committee of a state agency inclulling 

those in the legislative or judicial branch, except the state militia. 

(15) "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. am, 2000, ch, 368, § 1, p. 1219; am. 2006, th, 

I.C., § 9-337, as added by 1990, ch. 213, 352, § 1, p. 1071. 

§ 1, p. 480; am, 2000, ch. 342, § 1, p. 1146; 

STATUTORY NOTES 

Amendments. 

This section was amended by'two 2000.J.lcts 

which appear to be compati~1e and have been 

compiled together, 

The 2000 amendment, by ch, 342, § 1, 

inserted "or independent public body corporate and politic" once in subsections (2) and 

(10) and twice in subsection (5); added subsection (3); redesignated subsections (4) 

through (12) as (5) through (13); in subsection 

(5) inserted "over)' following uor other con~ 

duct", and deleted ·over" at the end. 

The 2000 amendment, by ch, 368, § 1, 

added subsection (8); and red••ignat.id suhsections (9) through (12) as (10) through (13), 

The 2006 amendment, by ch. 352, added the 

definition for "applicant" and redesignated 

the foUowing subs.ctim;. accordingly. . 
365 PUBIJC WRITINGS 9-338 

JUDICIAL DECISIONS 

ANALYSIS 

Custodian. 

E-mail•. 

Investigatory records. 

Pablic official. 

Custodian. 

Identification of a custodian has no bearing 

on whether documents are exempt from disclosure; therefore. it was irrelevant whether 

the Idaho sinte department ofagriculturewas the custodian of nutrition management plans 

or not in the determination of whether or not 

they were exempt from disclosure to a conser~ 

vstion league, Idaho Conservation League, 

Inc. v. Idaho Stete Dep't of Agric., 143 Idaho 

366, 146 P3d 632 (2006). 

E·MaiIs. 

E-mail correspondence between a county 

employee and the county prosecutor were public records, and the public had a ,1egiti· 

mate interest in these communications be~ 

cause the prosecutor defended the employee's 

management of a county program when an 

investigation of the program's finances was 

started by the board ofcounty commissioners. 

Cowl.. PabYg Co. v. Kootenai County Bd. of 

County Comm'rs, 144 Idapo 259, 159 P.3d 896 

(2007). 

lnv_igatury Record•• 

Where: forms containing corrections officers' 

personal information were disclosed to· an 

inmate during criminal proceeding discovery, 

the invasion of privacy claims failed because 

(1) the publ~c defllllder and the inmate were 

entitled to the unredacted. forms in order to 

authenticate them and defend against any 

restitution claim, (2) the information was an 

investigatory record and certain defendants 

were law enforcement agencies, (3) these 

records were exempt from public disclosure) 

and (4) none of the sinte defendants publicly 

di,sclosed private information. Nation v. State, 

144 Idaho 177, 158 P.3d 95? (2007). 

Public OfficiaL 

B~uBe a member ofa city council is a local 

gove'rnmeninl official, not an employee, the 

exemption from disclosure did not apply to an 

applicant for appointment as a local governmental.official; the name and resume of an 

applicant to be appointed to a city council are 

not exempt from disclosure. Federated Publications, Inc. v. Boise City, 128 Idaho 459, 915 

P.2d 21 (1996). 

Cited in: Bolger v. Lance, 137 Idaho 792, 

53 P.3d 1211 (2002). 

DECISIONS UNDER PRIOR LAw 

Li~t of Certain Taxpayers. 

Tlie legislature intended the definition of 

"public records," as used in former law, to be 

broad enough to include a list of names obtained by an agency in the normal cQ~se of 

carrying out its duti..; in addition, the language of this section clearly evidenced an 

intent by the legislature to create a very 

broad scope of government records and information accessible to the public. Thus, a list of 

names of dairy produet producers who paid 

the taxes levied by § 25.3117, which list was 

compiled by the Idaho dairy products commission•. fell within the purview of such former 

section as "public recOrds and other mattersf " 

and was sulUect to inspection by a private 

citizen. Dalton v. Idaho Dairy Prods. Comm'n, 

107 Idaho 6, 684 P.2d 983 (1984). 

OPllnONSOFATTORNEYGENERAL 

The department of bealth and welfare has 

the aUthprity to investigate reports ofsuspected child abuse, abandonment and neglect; 

such authority to .investigate extends to 

school· facilities; such investigation· should 

pr.oceed in accord~ce with governing s.tfJ,t-. 

utes, the department's promulgated ruJ.es, 

and internal policies. OAG 93-2. 

Pablic records that are exempt from public 

di'-~osur. are nevertheless subject to disclo­ sure in a judicial or administrative· proceed~ 

ing ifthey are subject to di.clos1ll'e .under the 

laws or rul.. of evidence and discovery governing those proceedings. OAG 95-6. . 

A document's lack of availability under the 

Pablic Records Act, § 9-301 at seq., is not a 

valid basis to refuse to honor an administrative subpoena. OAG 95-6; 

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 
9-338 EVIDENCE 366 

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 independent public body corporate and politic or using 

equipment designated by the custodian. , 

(3) Additionally, the custodian of any p,uplic r~ord shall give tJ}e person, 

on d{lmand, a certified copy ofit if the record is of a nature permitting such 

copying or shall furnish reasonable opportunity to inspect or cbpy such ' ,~ 

record. 

(4) The custodian shall make no inquiry of any person who applies for a 

public record, except to verifY the identity of a person requesting a record in 

accordance with section 9-342, Idaho Code, to ensure that the requested 

record or information will not be used for purposes ofa mailing or tel"phone 

list prohibited by section 9-348, Idahg Code, or as otherwise providilli bylaw, 

and except as required for purposes of protecting personal information from 

disclosure under chapter 2, title 49, Idaho Code, and federal law. The person 

may be required to make a written request and provide their name, 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 ofpublic records under the authority ofthis section must 

be conducted during regnlar office or worldng hours unless the custodian 

shall authori~ examination of records in other than regular office or 

working hours. In this event, the persons designated to represent the 

custodian during such exajUina,tion shall be Eintitled to reasonable compensation to be paid to the.Q1by the public agency or independent public body 

corporate and pOlitic 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) A public agency or independent public body corporate and politic or 

pubHc official may establish a copying fee schedule. The fee may not 

exceed·the actual cost to the agency ofcopying the record if another fee is 

\lot Qthecrwise provided by law: The actual cost shall nQt inc1.1.ldll any 

administrative or labor costs resulting from locating and· providing a copy 

of the public record; provided however, that a public agency or independent public body corporate and pOlitic or public official jUay establish a fee 

to recover the actual labor cost associated with locating and copying 

documents if: 

(i) The request is for more than one hundred (100) pages of paper 

records; or 
367 PUBLIC WRITINGS 9-338 

(ii) The request includes records from which nonpublic information 

must :Qe deleted; or 

(iii) The actual labor associated with locating and copying documents 

for a request exceeds two (2) person hours. 

(b) For providing a duplicate ofa computer tape, computer disc, microfilm 

or similar or analogous record system containing public record information, a public agency or independent public body corporate and politic or 

public official may charge a fee, uniform to all persons that does not 

exceed the sum of the following: 

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

(ii) The standard cost, if any, for selling the same information in the 

form of a publication; 

(iii) The agency's cost ofconversion, or the cost of conversion charged by 

a third party, if the existing electronic record is converted to another 

electronic form. 

The custodian may require advance payment of the cost of copying. Any 

money received by the public agency or independent public body corporate 

and politic sh~l 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. 

(c) The public agency or independent public body corporate and politic 

may not charge any cost or fee for copies or labor when the requester 

demonstrates either: 

(i) The inability to pay; or 

(il) That the public's interest or the public's understanding of the 

operations or activities of government or its records would suffer by the 

assessment or collection of any fee. 

(9) A public agency or independent public body corporate and politic shall 

not prevent the examination or copying of a public record by, contracting 

with a nongovernmental body to perform any ofits duties or functions. 

(10) Nothing contained herein shall prevent a public agency or independent public body corporate and politic from disclosing statistical information 

that is descriptive of an identifiable person Or persons, unless prohibited by 

law. 

(11) Nothing contained herein shall prevent a public agency or independent public body corporate and politic from prpvj4in!1:., a copy or a pub1ic 

record in electronic form if the record is available in electronic form and if 

the person specifically requests an electronic copy. A request for a public 

record and delivery ofthe PUblic record ntay be conducted by electronic mail. 

History. 1997, th. 152, § 1, p. 432; am. 2000, ch. 342, 

LC., § 9-338, as added by 1990, ch. 213, § 2, p. 1146; am. 2006, ch. 103, § 1, p. 284. 

§ 1, p. 480; am. 1997, ch. 80, § 1, p. 165; am. 

STATUTORY NOTES 

Amendments. tion from disclosure under chapter 2, title 49, 

The 2006 amendment, by ch. 103, in sub· Idaho COOe, and federal Jaw" and deleted "and 

section (4), inserted "and except as required except as required for purposes of protecting 

for purposes of protecting personal inforxna- personal infurmatian from disclosure under 
9-338 EVIDENCE 368 

chapter 2, tjtle 49, IdlIho Code, and federal 

law" at the end of the last sentence; added 

subsection (S)(b)(iiil; in subsection (10), deleted '"not!1 preceding "descriptive" and in~ 

serted "unless prohihited by law"; and added 

subsection (11). 

Compiler's Not_es. 

"This act" in subsection (5) refers to S.L. 

1990, ch. 213 which is codified as over 100 

sections throughout tho code. Here the refer· 

ence should probably be to "this chapter," 

meaning chapter 3, title '9, Idaho Cede. 

Effective Dates. 

Section 13 ofS.L. 1997, ch. 80 provided that 

the act should be in full force and effect on 

and after September 13, 1997. 

Section 3 of S.L. 2006, ch. 103 declared an 

emergency. Approved March 22, 2006. 

JUDICIAL DECISIONS 

Administrative review. 

Custodian. 

E-mail •. 

N:utrition management plans. 

Physical handling of doCument. 

Private photocopying of records. 

"Raw notes." 

A<\mi¢strative Revia",. 

;BeCause of the presumption of this -section 

that lil1l)JubJie records are open unless expressly otherwise, since the administrative 

review of a shooting incident involving Boise 

police ~fficer$ pteparoo by a POlice lieutenant 

was not a· personnel record, personnel information, or a personnel evaluation, and because all of the'inform.tion tha.t would have 

constituted an invasion ofthe officers' privacy 

under § 9-33~ was contained in th. iny••tigation report which had beert ~closed pursUant to' a court: drder, the administrative 

review was not exempt from disclosure; city 

was required to disclose admiuistrative review upon r.;quest of publisher. Federated 

Publication., Inc. v. B<iise City, 128 Idaho 459, 

915 P.2d 21 (1996). 

Custodian. 

io;lentification of a custodian has no bearing 

on w.het\ler docum,ents,;Jlre e"emp,t from disclosUre; therefore, it "'as irrelevant whether 

the Idaho state department of agriculture was 

the. custodian ofnutrition management plans 

or not in the determination of whether or not 

tli~ywere exempt from disclosure to a canservation league. Idaho' Con".rvation' League, 

Inc. v"Idaho State Dep't ofAgric., 143 Idaho 

366,\41> P.3d 632 (2006). 

E-Man•• 

E,mail correspondence between a county 

ett.lployee and the county prosecll,tor were 

public records, and the public had a legitimate interest in these communications because the prosecutor defended the eIDp'loyse's 

management of a county program when an 

investigation of the program's finances was 

started by the board of county commissioners. 

Cowles Publ'g Co. v. Kootenai County Bd. of 

County Corom'r', 144 Idaho 259, 159 P.3d 896 

(2007). 

Nutrition ~agement Plans. 

Two nutrition management plans (NMP) of 

certain feedlots were subject to disclosure 

because tbey were public records that were 

not ~mpt; however1 two other NMPs that 

were filed via a state computer system were 

not SUbject to disclosure because they were 

exempt. Idaho Conservation League, Inc. v. 

Idaho State Dep't of Agric., 143 Idaho 366, 

146 P.3d 632 (2006). 

Physicad Handling of Document. 

Even if the, public i. entitled to know the 

contents ofadoc'tunimt when it has been filed, 

this entitlement do., riot necessarily extend 

to the physical handling of the document; to 

allow physical handliog of an original document before it become. an oB:iciaJ record upon 

microfilming would carry a potential for 

abuse, because if the document were altered 

or d"lllaged, the public record would be afiected; moreover, private rights or obligations 

could be put in doubt if an original document 

were altered or damaged a.fter;it was mie:ro~ 

filmed but berore it was returned to the 

proper party. Adams County A,bstract Co. v. 

Fisk, 117 Idaho 513, 788 P.2d 1336 (Ct. App. 

1990). 

Private Photocopying of Record•. 

Title company's desire to avoid incr~es in 

fees charged by the recorder does not outweigh the recorder's duty to protect the safety 

ofdocuments entrusted to his care, nor does it 

diminil?h the recorder's power to control the 

orderly function ofh;s 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). 
369 PUBUC WRITINGS 9-339 

"Raw Notes.n 

Trial court erred in holding that as a matter 

oflaw ":raw notes" C'handwritten notes,» "raw 

minutes") taken by clerk of tbe board of 

county commisl?ioners during meetings of the 

county board of co:mmissioners. could not be 

public writings, Fox v, Estep, 118 Idaho 464, 

797 P,2d 854 (1990). 

Cited in: Bolger v. Lance, 137 Idaho 792, 

53 P.3d 1211 (2002); Hayden Lake Fire Prot. 

Dist. v. Alcorn, 141 Idaho 388, 111 P.3d 73 

(2005). 

DECISIONS UNDER PlUOR LAw 

Disclosure Mandatory. 

Because former laws providing for the ,inspection of public records by private citizens 

were mandatory, there were no exceptions to 

the rule of diaclosure and the courts could not 

apply a balancing test to determine whether 

or not to allow disclosure. Dalton v. Idaho 

Dairy Prods. Comm'n, 107 Idaho 6, 684 P.2d 

983 (1984). 

The Idaho dairy products commission's 

duty, power and authority to take such action 

as the commission deemed necessary or advisable in order to stabilize and protect the 

dairy industry ofthe state and the health and 

welfare of the public was clearly limited by 

the legislature's express statutory language 

in former section mandating that the public 

records and other matters be open to the 

inspection of the public; accordingly, the com~ 

mission's list of dairy product producers, who 

paid the taxes levied by § 25·3117 to dairy 

product dealers, was subject to disclosure 

even though the dealer gave the names of the 

producers to the commission iri confidence, 

Dalton v. Idaho Dairy Prods. Comm'n, 107 

Idaho 6, 684 P.2d 983 (1984). 

9·339. Response to request for examination of public records. ­

(1) A public agency or independent public body corporate and politic shall 

either grant or deny a person's request to examine or copy public records 

within three (3) wo;r~g days of the date of the receipt of the request for 

examination or copYing. If it is determined by employees of the public 

agency or independent public body corporate and politic that a longer period 

of time is needed to locate or retrieve the public records, the public agency 

or independent public body corporate and politic. 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. Provided however, if it is determined the existing 

electronic record requested will first have to be converted to another 

electronic format by the agency or by a third party and that such conversion 

cannot be completed within ten (10) working days, the agency shall so notify 

in writiIlg the person requesting to examine or copy the records. The agency 

shall provide the converted public record at a time mutually agreed upon 

between the agency and the requester, with.due consiger~tion given to any . <I". ,.- !", 

limitations that may exist due to the process of conversion or due to the use 

of a third party to m!\ke the conversIon. 

(2) If the public agenejr or independeht public body corporate and politic 

fails to respond, the request shall be deemed to be denied within ten (10) 

working days following the request. 

(3) Ifthe public agency or independent public body corporate and politic 

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 ofthe public records, the person legally responsible for administering the public agency or independent public body corporate and politic or 

that person's designee shall notifY the person in writing of the denial or 

partial denial of the request for the public record. . 
9-340 EVIDENCE 370 

(4) The notice of denial or partial denial shall state that the attorney for 

the public agency or independent public body corporate and politic bas 

reviewed the request or shall state that the public agency or independent 

public body corporate and politic 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. 

History. § 1, p. 480; am. 2000, ch. 342, § a, p. 1146; 

tc., § 9-~a9, as added by,1990, ch. 213, am. 2006, ch. l()a, § 2, p. 284. 

STATUTORY NOTES 

Amendment.!. Effective Dates. 

The 2000 amendment, by ch. 103, added the Section aof S.L. 2006, ch. 108 declared an last two sentences in subsection (1). emergency. Approved March 22, 2006. 

9-340. Records exempt from disclosure. [Repealed.] 

STATUTORY NOTES 

Compiler's Notes. § 1, p. 865; am. 1998, ell. 293, § 1, p, 968; am. 

This """tion which comprised I.C., § 9-840, 1998,ch.S08,§ 1,p. 1012; am. 1998,ch.411, 

as ,!-dded by 1997, ch. 60, § 2, p. 111; am. § 4, p. 1275, was repealed by S.L. 1999, ch. 

1998. th, 164, § 1, p, 552; am. 1998, ch. 262, 30, § 1, p. 41, effective July 1, 1999. 

9-340A. Records exempt from disclosure - Exemptions in federal or state law - Court files of judicial proceedings. - 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) Records contained in court files ofjudicial proceedings, the disclosure 

ofwhich 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, 

provided the provisioiul of this' subsection making records exempt from 

disclosure shall not apply to the extent that such rec6r"ds or information 

contained in those records are necessary for a background check on an 

individual that is required by federal law regulating the sale of firearms, 

guns or ammunition. 

History. 

I.C., § 9-340A, as added by 1999, ch. 30, 

§ 2, p, 41. 

JlJDICIAL DECISIONS 

Cited in: Bolger v, Lance, 137 Idaho 792, 

53 P.3d 1211 (2002). 
371 PUBLIC WRITINGS 9-340B 

9-3408. Records exempt from disclosure - Law enforcement 

records, investigatory records of agencies, evacuation and emer· 

gency resPonse plans, worker's compensation. .- The following 

records are exempt from disclosure: 

(1) Investigatory records of a law enforcement agency, as defined in 

section 9-337(7), Idaho Code, under the conditions set forth in section 9-335, 

Idaho Code. 

(2) Juvenile records of a person maintained pursuant to chapter 5, title 

20, Idaho Code, except that facts contained in such records shall be 

furnished upon request in a manner determined by the court to persons and 

governmental and private agencies and institutjons conducting pertinent 

research studies or having a legitimate interest:in the protection, welfare 

and treatment ofthe juvenile who is thirteen (13) years of age or younger. If 

the juvenile is petitioned or charged with an offense which would be a 

criminal offense if committed by an adult, the name, offense of which the 

juvenile was petitioned or charged and disposition of the court shall be 

subject to disclosure as provided in section 20-525, Idaho Code. Additionally, 

facts contained in any records of a juvenile maintained under chapter 5, title 

20, Idaho Code, shall be furnished upon request to any school district where 

the juvenile is enrolled or is seeking enrollment. 

(3) Records of the custody .review board of the Idaho department of 

juvenile corrections, including records containing the names, addresses and 

written statements of victims and family members of juveniles, shall be 

exempt from public disclosure pursuant to section 20-533A, Idaho Code. 

(4)(a) The following records of the department of correction: 

(i) Records of which the public interest in confidentiality, public safety, 

security and habilitation clearly outweighs the public interest in 

disclosure as identified pursuant to the authority of the Idaho board of 

correction under section 20-212, Idaho Code; 

(ii) Records that contain any identifying information, or any information that would lead to the identification of any victims or witnesses; 

(iii) Records that reflect future transportation or movement of a prisoner; 

(iv) Records gathered during the course of the presentence investigation; 

(v) Records ofa prisoner, as defined in section 9-337(10), Idaho Code, or 

probationer shall not be disclosed to any other prisoner or probationer. 

(b) Records of buildings, facilities, infrastructures'and systems held by or 

in the custody of any public agency only when the disclosure of such 

information would jeopdrdize the sa:mty of persons or the public safety. 

Such records may include emergency evacuation, escape or other emergency response plans, vulnerability assessments, operation and security 

manuals, plans, blueprints or security codes. For purposes ofthis section 

"system" shall mean electrical, heating, ventilation, air conditioning and 

telecommunication systems. 

(c) Records of the commission of pardons and parole shall be exempt from 

public disclosure pursuant to section 20-213A, Idaho Code, and section 

20-223, Idaho Code. Records exempt from disclosure shall also include 

those containing the names, addresses and written statements of victims. 
9-340B EVIDENCE 372 

(5) Voting records of the sexual offender classification board. In accordance with section 18-8315, Idaho Code, the written record of the vote to 

classify an offender as a violent sexual predator by each board member in 

eaoh case reviewed by that board member shall be exempt from disclosure 

to the public and shall be made available upon request only to the governor, 

the chairman of the senate judiciary and rules committee, and the ohairman 

of the house of representatives judiciary, rules and administration committee, for all lawful purposes. 

(6) Records of the sheriff or Idaho state police received or maintained 

pursuant to sections 18-3302 and 18-3302H, Idaho Code, relating to an 

applicant or licensee. 

(7) 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. 

(8) Records including, but not limited to, investigative reports, resulting 

from investigations conducted into complaints ofdiscrimination 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 ofsuch 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 complahit of 

discrimination. 

(9) Records containing information obtained by the manager ofthe Idaho 

state insurance fund pursuant to chapter 9, iitle 72, Idaho Code, from or on 

behalf of employers or employees contained in underwriting and claims for 

benefits files, 

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

available: 

(a) 'Ib the parties in any worker's compensation claim and to the 

industrial special indemnity fund of the state of Idaho; or 

(b) 'Ib employers and prospective employers suqject to the provisions of 

the Americans with disabilities act, 42 U.S.C. 12112,'Clr other statutory 

limitations, who certify that the information is being requested with 

respect to a worker to whoW 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) 'Ib employers and prospective employers not subject to the provisions 

ofthe 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) 'Ib others who demonstrate that the public interest in allowing 

inspection and copying of such records outweighs the public or private 
373 PUBLIC WRITINGS 9-340B 

interest in maintaining the confidentiality ofsuch records, as determined 

by a civil court of competent jUrisdiction; or 

(e) Although a claimant's records maintained by the industrial commission, including medical and rehabilitation records, are otherwise exempt 

from public disclosure, the quoting or discussing ofmedical or rehabilitation records contained in the industrial connnission's records during a 

hearing for compensation or in a written decision issued by the industrial 

commission shall be permitted; provided further; the true identification of 

the parties shall not be exempt from public disclosure in any written 

decision issued and released to the public by the industrial commission. 

(11) Records of investigations compiled by the connnission on aging 

involving vulnerable adults, as defined in section 18-1505, Idaho Code, 

alleged to be abUSed, neglected or exploited. 

(12) Criminal history records and fingerprints, as defined by sectipn 

67-3001, Idaho Code, and compiled by the Idaho state police. Such records 

shall be released only in ~ccordance with chapter 30, title 67, Idaho Code. 

(13) Records furnished or' obtained pursuant to section 41-1019, Idaho 

Code, regarding terminatio~ of an appointment, employment, contract or 

other insurance business reiationship between an insurer and a producer. 

(14) Records of a prisoner or former prisoner in the custody of any state 

or local correctional facility, when the request is made by another prisoner 

in the custody of any state or local correctional facility. 

(1~) Except as ~rovided in section 72;1007, Idaho Code, records of the 

Idaho industrial commi"~sion relating to compensation for crime victims 

under chapter 10, title 72, Idaho Code. 

(16) Records or information identifying a complainant maintained by the 

department ofhealth and welfare pursuant to section 39-3556, Idaho Code, 

relating to Certified family homes, unless the complainant consents" in 

writing to the disclosure or the disclosure of the complainant's identity is 

required in any administrative or judicial proceeding. 

History. 88; am. 2001, ch, 180,.§ 1, p. 608; am, 2001, 

I.C., § 9-340B, "" added by 1999, ch. 30, ch.296,§ 1,p. 1044; am. 2002, ch.62,§ l,p. 

§ 3, p. 41; am. 1999, ch. 249, § 3, p. 638; am. 132;aIn. 2002,ch. 136,§ 1,p. 371; aIn. 2003, 

1999, ch. 308, § 1, p. 765; am, 2000, ch. 57, ch. 164,§ l,p. 462; arn. 2004,ch.378,§ 1,p. 

§ 1, p. 120; am. 2000, ch~' 342, § 4, p. 1146; 1135; am. 2006, ch. 282, § 1, p. '866; am. 2006, 

am.20oo,ch, 367, § 1,p. 1216; am, 2000,ch. ch. 352, § 2, p. 1071; am. 2009, ch. 202, § 2, p. 

469, § 19, p. 1460; am. 2001, ch. 48, § 1, p, 650. 

STATUTORY NOTES 

Cr"". Refe....nce... Commission on aging, § 67·5001 et seq. 

Commission on human rights, § 67·5OO1 et 

seq. , 

Idaho state poli~, § 19·4801 at seq. 

Industrial commission, ,§ 72-501 et seq. 

Indu.~rial special indemnity fund, § 72­

323 et seq. 

Amendments. 

This secti.n w"" enacted by S.L. 1999, ch. 

30, § 3, effective July 1, 1999, and al•• 

amended by two 1999 acts, ch. 249, § 3, and 

ch. 308, § 1, both effective July 1, 1999, which 

appear to be cumpatible and have been compiled together. . 

'):'he ~999 amendment, by ch. 249, added 

subsection (11). 

The 1999 amendment, by ch. 308 added 

subdivision (S)(b). 

'l'b.is section w"" amended hy four 2000 acts 

which appear to be compatible and have been 

compiled together. 

The 2000 amehdment, liy ch. 57, § 1, in the 

first sentence of subdivision (3)(b), inserted 
9-340C EVIDENCE 374 

nand security" following "Operation", inserted 

"plans or codes" preceding 'jof county jails)', 

and inserted "and buildings owned or leased 

by Idaho state government, a county or a 

city"; in the ••cond sentence of subdivision 

(3)(b), inserted "state governmeI!t agency" ful, 

lowing "documents of any", and inserted 'or 

city building or" preceding "jail that define', 

inserted "building or" preceding "jail", and 

added the last sentence in subdivision (3)(h). 

The 2000 amendment, by ch. 342, § 4, 

substituted "9-337(6)" for "9-337(5)' in subdivision (1). 

The 2000 amendment, by ch. 367, § 1, in 

the. first sentence of subdivision (aXa), added 

"Until Jtriy 1, 2001" at the beginning, made a 

minor stylistic change, deleted "or the commission of pardons and parole" following "de~ 

partment of correction" near the beginning. 

deleted "or on parole" following "the department of corr;ection" near the middle, and deleted "or the commission of pardons and p~­

role" preceding "if the public interest"; and 

added subdivision (3)(c). 

The 2000 amendment, by ch. 469, § 19, 

substituted "Idaho stats police" for "department of law enforcement" in subdivisions (5) 

and (11). 

This .ection was amended by three 2001 

acts which appear to b. compatible and.have 

been compiled together. 

The 2001 amendment, by ch. 48, § 1, added 

subsection [13J(12). 

The 2001 amendment, by ch. 180, § 1, 

rewrote subsection (3)(a) and added subsections (8)(a)(iJtbrough (3)(a)(v); inaerted ., 

.vl.sitors or prisoners" in subsection (b), 

The 2001 amendment, by ch. 296, § 1, 

added subsection (12). 

Thi...ection was amended by two 2002 acts 

which appear to be compatible and have been 

cOmpiled together. 

The 2002.amendment, by ch. 62 ,inserted 

"evaeuatiotl'and emergency response plans" 

in the "eetion heading and rewrote subdivision (3)(b). . 

The 2002 amendment, by ch. 136, addad 

subdivision (14). 

This section was amended by two 2006 acts 

which appear to be compatible and have been 

compiled together. 

The 2006 amendment, by ch. 282, added 

subsection (16). 

The 2006 amendment, by ch. 352, substituted "section 9-337(7)" for "section .9-337(6r' 

in subsection (1) and "section 9-337(10)" for 

"section 9-337(9)" in subsection (4)(a)(v). 

The 2009 amendment, by ch. 202, inserted 

"and 18-a302H" in subsection (6). 

Effective Dates. 

Section 2 of S.L. 2000, ch. 57 provided that 

the act .hall be in full force and effect on and 

after July 1, 2000. 

JUDICIAL DECISIONS 

ANALVSlll 

Construction with other law. 

Exempt records. 

Construction With Other Law. inmate during criminsl proceeding discovery, 

Section 9-342(3) limits the applicability of the invasion of privacy claims failed because 

§ 9-342(1) by excluding "otherwise exempt (1) the public defender and the inmate were 

investigatory records if the investigation i. entitled to the unradacted·furms in order to 

ongoing," which. implicitly defers to the ex­ authenticate them and defend against any emption contained in this section; this sec­ testitution claim, (2) the information was an 

tion, in turn,. defers to § 9-335 for a more investigatory reoord and certain defendants 

specific definition oftha investigatory records were law enforcement agencies, (3) thes. 

exemption. Bolger v. Lance, 137 Idaho 792, 53 records were exempt from public disclosure, P.3d 1211 (2002). and (4) none of the state defendants publicly 

disclosed private information. Nation v. State, Exempt Records. 

Where 144 Idaho 177, 158 P.3d 953 (2007). forms containing corrections officers' 

personal information .were disclosed to en 

9·840e. Records exempt from disclosure - Personnel records, 

personal information; health records, professional discipline. [Ef· 

fective untii January 1,2011.] - The following. records are exempt from 

disclosure: 

(1) Except as provided in this subsection, all personnel records of a 

current or former pllblic official other than the public official'spublic service 

or employment history, classification, pay grade and step, longevity, gross 
375 PUBLIC WRITINGS 9-340C 

salary and salary history, status, workplace and employing agency. All other 

personnel information relating to a public employee or applicant ine\uding, 

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. Names ofapplicants to classified or merit system positions shall not 

be disclosed to the public without the applicant's written consent. Disclosure 

of names as part of a background check is permitted. Names of the five (5) 

final applicants to all other positions shall be available to the public. Ifsuch 

group is less than five (5) finalists, then the entire list of applicants shall be 

available to the public. A public official or authorized representative may 

inspect and copy his personnel records, except for material used to screen 

and test for employment. 

(2) 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. 

(3) 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 proeurement 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. 

(4) Records of a personal nature as follows: 

(a) Records of personal debt filed with a public agency or independent 

public body corporate and politic pursuant to law; 

(b) Personal bank records compiled by a public depQsitor for the purpose 

of public funds transactions conducted pursu~t to law;" , 

(c) Records of ownership of financial obligations and instruments of a 

publi'c agency or indeptndent public Body corporate and politic, such as 

bonds, compiled by the public agency or independent public body corporate and politic pursuant to law; 

(d) Records, with regard to the ownership of, or security interests in, 

registered public obligations; 

(e) Vital statistics records; and 

(0 Military records as described in and pursuant to section 65-301, Idaho 

Code. 

(5) 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 
EVIDENCE 376 

administering the tax, 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 

se.ction 63·3045B, Idaho Code . 

.. {6) 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 people who are elderly, indigent or have mental 

(Jr· .physical disabilities, or' participation in an environmental or a public 

health study, provided the provisions of this subsection malting records 

e;xempt from disclosure shall not apply to the e~nt that such records or 

information contained in those records are necessary for a background check 

ti)l·an individual that wrequired by federal law regulating the sale of 

firearms, guns or ammunition. 

(7) Employment security information, except that a person may agree, 

thrOugh written, informed consent, to waive the exemption so that a third 

party may obtain information pertaining to the person, unless access to the 

information by the person is restricted by subsection (3)(a), (3)(b) or (3)(d) of 

"ection 9·342, Idaho Code. Notwithstanding the provisions ofsection 9·342, 

Idaho Code,a person'may not review identifYing information concerning an 

'informant who reported to the department of labor a suspected violation by 

tlie"person ofthe employment security law, chapter 13, title 72, Idaho Code, 

under an assurance of confidentiality. As used in this section and in chapter 

HI; title 72, Idaho Code, "employment security information" means any 

information descriptive of an identifiable person or persons that is received 

by, recorded by, prepared by, furnished to or collected by the department of 

11lbor or the industrial commission in the admini,stration ofthe employment 

security law. 

(S} Any personal records, other than names, business addresses and 

ousiness phone numbers, such as parentage, race, religion, sex, height, 

weight, tax identification and social security numbers, financial worth or 

medical condition submitted to any public agency or independent public 

body corporate and politic pursuant to a statutory requirement for licensing, 

certification, permit or bonding. 

i9) Unless otherwise provided by agency rule, information obtained as 

P!!rt 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 

llgency which has records exempt from disclosure unde,r, the provisions of 

thissubsection shall annually make available a statistical summary of the 

number and types of matters considered and their disposition . 

.(10) The records, findings;' determinations and decisions of any 

prelitigation screening panel formed under chapters 10 and 23, title 6, Idaho 

000e. 

(11) Complaints received by the board ofmedicine and investigations and 

informal proceedings, including informal proceedings of any committee of 

the. board of medicine, pursuant to chapter 18, title 54, Idaho Code, and 

rules adopted thereunder. 

(12) Records of the department of health and welfare or a public health 

fii'strict that identifY a person infected with a reportable disease. 
377 PUBLIC WRITINGS 9-340C 

(18) Records of hospital care, medical records, including prescriptions, 

drug orders, records or any other prescription information that specifically 

identifies an individual patient, prescription records maintained by the 

board of pharmacy under sections 37-2726 and 37-2780A, Idaho Code, 

records ofpsychiatric care or treatment and professional counseling records 

relating to an individual's condition, diagnosis, care or treatment, provided 

the provisions of this subsection making records exempt from disclosure 

shall not apply to the extent that such records or information contained in 

those records are necessary for a background check on an individual that is 

required by federal law regulating the sale offirearms, guns or ammunition. 

(14), Information collected pursuant to the directory of new hires act, 

chapter 16, title 72, Idaho Code. 

(15) Personal information contained in motor vehicle and driver records 

that is. exempt from disclosure under the provisions of chapter 2, title 49, 

Idaho Code. 

(16) Records of the financial status ofprisoners pursuant to subsection (2) 

of section 20-607, Idaho Code. 

(17). Records ofthe Idaho state police or department ofcorrection received 

or maintained pursuant to section 19-5514, Idaho Code, relating to DNA 

databases and databanks. 

(18) Records ofthe department· of health and welfare relating to a survey, 

resurvey or complaint investigation of a licensed nursing facility shall be 

exempt from disclosute. Such records shall, however, be subject to disclosure 

as public records as soon as the facility in question has received the report, 

and no later than the fourteenth day following the date that department of 

health and welfare representatives officially exit the facility pursuant to 

federal regulations. Provided however, that for purposes of confidentiality, 

no record shall be released under this section which specifically identifies 

any nursing facility resident. 

(l9) Records and information contained in the registry of immunizations 

against childhood diseases maintained in the department of health and 

welfare, including information disseminated to others from the registry by 

the department of health and welfare. 

(20) Records ofthe Idaho housing and finance association (IHFA) relating 

to the following: 

(a) Records containing personal financial, family, he.alth or similar personal information submitted to or otherwise obtained by the IHFA; 

(b) Records submitted to.or otherwise obtained by the· IHFA with regard 

to obtaining and servicing mortgage loans and all records relating to the 

review, approval or rejection by the IHFAof said loans; 

(c) Mortgage portfolio loan documents; 

(d) Records of a current or former employee other than the employee's 

duration of employment with the association, position held and location of 

employment. This exemption from disclosure does not include the contracts of employment or any remuneration, including reimbursement of 

expenses, of the executive director, executive officers or commissioners of 

the association. All other personnel information relating to an association 

employee or applicant including, hut not limited to, information regarding 
9-340C EVIDENCE 378 

sex, race, marital status, birth date, home address and telephone number, 

applications, testing and scoring materials, grievances, correspondence, 

retirement plan information and performance evaluations, shall not be 

disclosed to the public without the employee's or applicant's written 

consent. An employee or authorized representative may inspect and copy 

that employee's personnel records, except for material used to screen and 

test for employment or material not subject to disclosure elsewhere in tlie 

Idaho public records act. 

(21) Records of the department of health aflSl. welfare related to child 

support services in cases in which there is reasonable evidence of domestic 

violence, as defined in chapter 63, title 39, Idaho Code, that can be used to 

locate any individuals iii'the child support case except in response to a court 

order. 

(22) Records ofthe Idaho state bar lawyer assistance program pursuant 

to chapter 49, title 54, Idaho Code, unless a participant in the program 

authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 

Code. 

(23) Records and information contained in the trauma registry created by 

chapter 20, title 57, Idaho Code, together with any reports, analyses and 

compilations created from such information and records. 

(24) Records contained in the court files, or other records prepared as part 

of proceedings for judicial authorization ofsterilization procedures pursuant 

to chapter 39, title 39, Idaho Code. 

(25) The physical voter registration card on file in the county clerk's 

office; however, a redacted copy of said card shall be made avaIiable 

consistent with the requirements of this section. Information from the voter 

registration card maintained in the statewide voter registration database, 

including age, will be made available except for the voter's driver's license 

number, date of birth and, upon showing of good cause by the voter to the 

county clerk in consultation with the county prosecuting attorney, the 

physical residence address of the voter. For the purposes ofthis subsection 

good cause shall include the protection of life alid property and protection of 

victims of domestic violence and similar crimes. 

(26) File numbers, passwords and information in the files of the health 

care directive registry maintained by the secretary of state under section 

39-4515, Idaho Code, are confidential and shall not be disclosed to any 

person other than to the person who executed the health care directive or 

the revocation thereof and that person's legal representatives, to the person 

who registered the health care directive or revocation thereof, and to 

physicians, hospitals, medical personnel, nursing homes, and other persons 

who have been granted file number and password access to the documents 

within that specific file. 

(27) Records in an address confidentiality program participant's file as 

provided for in chapter 57, title 19, Idaho Code, other than the address 

designated by the secretary of state, except under the following circumstances: 

(a) If requested by a law enforcement agency, to the law enforcement 

agency; or 
379 PUBLIC WRITINGS 9·340C 

(b) If direeted bya court order, to a person identified in the order. 

(28) Except as otherwise provided by law relating to the release of 

information to a governmental entity or law enforcement agency, any 

personal information including, but not limited to, names, personal and 

business addresses and phone numbers, sex, height, weight, date of birth, 

social security and driver's license numbers, or any other identi:tYfug 

numbers and/or information related to any Idaho fish and game licenses, 

permits and tags unless written consent is obtained from the affected 

person. 

[(29)](28) Documents and records related to continuing education and 

recordkeeping violations that are maintained by the Idaho board of veteri· 

nary medicine under the provisions of section 54·2118(1)(b), Idaho Code, 

provided the requirements set forth therein are met. 

History. 

I.e., § 9-34OC, as added by 1999, cb. 30, 

§ 4, p. 41; am. 1999, ch. 347, § 2, p. 926; am. 

1999, ch: 395, § 3, p. 1096; am. 2000, ch. 58, 

t 1, p. 122; am. 2000, ch. 189, § 3, p, 465; am. 

2000, ch. 194, § 2, p. 479; am. 2000, eh. 293, 

§ 1, p. 1011; am. 2000, ch. 332, § 6, p. 1112; 

am. 2000, ch. 342, § S,p. 1146; am. 2000, ch. 

469, § 20, p. 1450; am. 2002, ch. 329, § 3, p. 

928; am. 2002, eh. 363, § 2, p. 1023; am. 2003, 

ch. 16,§ 1,p. 48; am. 2003,ch. 26,§ 2,p. 95; 

am. 2003, ch. 189, § 3, p. 511; am. 2004, ch. 

163,§ l,p. 529; am. 2006, ch. 38,§ 3,p. 105; 

am. 2006, ell. 67, § 1, p. 199; am. 2006, ch. 

175, § 1, p. 535; am. 'Z006, ch. 352, § 3, p. 

1071; am. 2007, ch. 360, § 11, p. 1061; am. 

Z008, ch. 99, § 5, p. 278; am. 2008, ch. 232, 

§ 2, p. 706; am. 2010, ch. 104, § 2, p. 201; am. 

2010, ch. 235, § 3, p. 542; am. 2010, ch. 245, 

§ 1, p. 629. 

STATUTORY NOTES 

Cross References. 

Public employe. reti!"ament system, § 59­

1aOIst seq. 

Idaho housing and finance association, 

§ 67-620 1 at seq. 

I<!aho state lottery, § 67-7401 ot seq. 

Registry of immunizations against child· 

hood diseases, § 9-34OC. 

State tax com.mission, Idaho Const. art. 

VII, § 12 and § 63·101. 

Prior LaWs. 

Fonner § 9-3400, which comprised I.C" 

§ 6·3HB, as added by 1974, ch. 308, § 6, p. 

1803, was repealed by S.L. 1996, ch. 169, § 2. 

Amendments. 

ThiB section was enacted by S.L. 1999, ch. 

30, § 4, effective July'1, 1999 which was then 

amended by two 1999 acts, ch. 3!1;7, § 2, and 

ch. 395, § 3, both effiictive July 1;1999, which 

appear to be compatible and have been com· 

piled together. 

The 1999 amendment, by ch. 347, edded 

present subsection (19). 

The 1999 amendment, by ch. 895, in sub· 

section (i0), substituted "chapters 10 and 23" 

for "chapter 10"; and added subsection (18). 

ThiB section was amended by seven 2000 

acts - ch. 58, § 1, effective July 1, 2000, ch. 

189, § 3, effective July 1;2000, ch. 194; § 2, 

effective April 4, 2000, ch. 294, § 1, effective 

July 1, 2000, ch. 332, § 6, effective July 1, 

2000, ch. 342, § 5, effective July 1, 2000, and 

ch. 469, § 20, effective July 1, 2000, which 

contained a minor conilict that has been re· 

solved by the Code Commission' and have 

been compiled together. 

The 2000 amendment, by ch. 58, § 1, in 

subdivision (18), substituted. "as soon as the 

facility in question has received the report, 

and no later than" for "on and after"; and 

redesignated former subdivision (18) as 

present subdivision (19). 

Tbe 2000 amendment, by ch. 189,· §. 3, in 

suhdivision (13), inserted. ''including pre~ptiona, drug orders, records or any other prescription information that specifically identifies an individ1p!l p~tient," preceding "records 

of psychiatric care"; and redesignated. foriner 

subdivision (18) as present subdivision (19), 

'the 2000 amendment, by ch. 194, § 2, in 

subdivision (13), inserted "prescription 

records maintained. by the board ofpharmacy 

under section 37-2730A, Idaho Code: preced· 

ing "':retards ofpsychiatric care or,treatment"; 

and ~ignated ronner subdivision OS) as present subdivision (19); and made minor 

stylistic changes. 

The 2000 amendment, by ch. 294, § 1, 

redesignated former subdivision (18) as 

present subdivision (19); and added a subdi· 

vision (20); and made minor stylistic changes. 

The 2000 amendment, by ch. 332, § 6, 

rewrote subdivision (11) which formerly read: 
9-340C EVIDENCE 380 

(13oard of professional discipline reprimands 

by informal admonition pursuant to subsection (6)(1) of section 54-180SA, Idaho Code."; 

and redesignated former subdivision (18) ali 

present subdivision (19); and made minor 

stylistic cbanges. 

The 2000 amendment, by ch, 342, § 5, in 

subdivision (4)(.), insetted "or independent 

public body oorporate and politic" preceding 

"pursuant t9 law", in sp.bd~yi~on (4)(c)~ inserted "or independent public body corporate 

and politie" preceding "such as bonds") jn~ 

serted "nr independent public body corporate 

and politic" 'preceding "pursuant to law"; in 

Bubdivisio:n (8), inserted "o,r independent pub~ 

lic body corporate and politic" preceding "pursuant to a statutory"; redesignated former 

subdivision (18) as present subdivision (19); 

and added a subdivision (20); snd made minor 

stylistic changes. 

The 2000 amendment, by cb. 469, § 20, in 

subdivision (17), substituted "Idaho state pelice" fur "department oflaw enforcement"; and 

redesignated former subdivision (18) as 

present subdivision (19). 

This section was amended by three 2003 

acts - eh. 16, § I, effective February 12, 

2003, ch. 26, § 2, effective July 1, 2003, and 

ch. 189, § 3, effective July 1, 2003 - which 

appear to be compatible and have been compiled together., 

The 2003 amendment, by cb. 16, § 1, substituted «section 54~490 1" for usection 54­

4801" in subsection (22), and renumbered the 

following subsection to (23), 

The 2003 amendment, by th. 26, § 2, added 

subsection (4Xfl, substituted "section &4­

4901" for "section 54-4801" in subsection (22), 

and renumbered the following subsection to 

(23). 

The 2003 amendment, by eh, 189, § 3, 

substituted "section 54-4901" for "section 54­

4801" in subsection (22), renumbered the following subsection to (23), and added a subsec· 

tion (24). 

'This sectionwas amended by four 2006 acts 

which appear to be compatible and have been 

compiled together, 

The 2006 amendment, by ch. 38, added the 

language beginning "uuless aWlSS to the information by the parties ..." in subsection (7). 

The 2006 amendment, by cb. 67, added 

subeection (26), ~ 

The 2006 amendment, hy ch. 175, inserted 

"37-2726" in subsection WI). 

The 2006 amendment, hy cb. 352, inserted 

the third, fourth and fifth sentences in sub· 

section (1). 

The 2007 amendment, by ch. 360, twice 

deleted "commerce and" following "depart~ 

ment of)' in subsection (7). 

This section was amended by two 2008 acts 

which appear to be compatible and have heen 

compiled together, 

The 2008 amendment, by ch. 99, in subsection (7), rewrote the first ,sentente, which 

formerly read: "Employment security information and unemployment insurance benetit 

information, exceptthat all interested parties 

may agree to waive the exemption unle~ 

acceSs to the information by the parties is 

restricted by subsection (3)(.l, (3)(b) or (3)(d) 

of section 9-342, Idaho Code," and added the 

chapter reference in the last sentence. 

The 20GS amendment, by ch. 232, added 

subsection (27). 

This sectilln was amended by three 2010 

acts which appear to be compatible and have 

been compiled together. 

The 2010 amendment, by th. 104, added 

subsection [(29)1(28), 

The 2010 amendment, by ch. 235, substi· 

tuted "public care for people who are elderly, 

indigent or have mental or physical disabilities» for "public care for the elderly. indigent, 

or mentally or physically handicapped" in 

subsection (6). 

The 2010 amendment, by eh. 245, added 

subsection (2S). 

Compiler'. Notes, 

Section 5 of S.L. 2002, eh. 329 provides: 

"The provisions of this act shall be null, void 

and of no force and effect on and after January I, 2008," However, § 5 of S.L. 2002, eh. 

329 was repealed by S.L. 2007, eh. 242, § 1, 

effective July I, 2007. 

For ths section as effective January 1,.2011, 

see the following section, also numbered § 9­

340C. 

Effeetive Dates. 

Section 7 of S.L. 2000, eh. 332, provides: 

"This aCt shall be in full force and effect on 

and after July I, 2000, and the Board of 

Medicine i. directed to begin rulemakfng pur· 

suant to Chapter 62, Title 67, Idaho Code, as 

required by Section 54-1806(2), Idaho Code. 

Until such rules are tinal, the Idaho Rules of 

Administrative Procedure of the Attorney 

General to tlie extent they are not incoru;istent with rules already adopted by the Board 

of Medicine, shall be the rules of practice and 

procedure for the Boa.r{l,of Medicine," 

Section 4 of S,L, 2002, eh. 329 provides: 

"This act shall be in full force and effect on 

and after JanUary 1, 2003, provided that for 

purposes ofpromulgation of rules as provided 

in section 57-2003, Idaho Code, this act shall 

be in full force and effect on and after July I, 

2002." 

Section 7 of S.L. 2006, ch, 67 provided "An 

emergency existing therefore, which emer~ 

gency i. hereby declared to exist, Section 6 of 

this act [§ 39-4515] shall be in full force and 

effect on and after its passage and approval 

[March 15, 2006] and Sections 1 through 5 of 

this act [§§ 9-34OC, 39-4509, 39-4510, 39­

4511, 49-4513, and 39-45151 shan he in full 
381 PUBLIC WRITINGS 9-340C 

force and effect on and after July I, 2006. The 

Secretary of State will acoept registration 

applications pursuant to this act on or after 

January I, 2007." 

Section 18 of B.L. 2003, th. 16 declared an 

emergency. Approved February 12, 2003. 

Section 5 of S.L. 2006, ch. 38 declared an 

emergency. Approved March 11, 2006. 

Section (; of S.L. 2010, th. 245'declared an 

emergencY- Approved April 8, 2010. 

JUDICIAL DECISIONS 

ANALYSIS 

Disclo.able information. 

E-mail •. 

Dlsclosable Information. 

the names of public employees of Ii hospital 

were not exempt from disclosure to an inquir.. 

ing newspaper when those names were con~ 

nectad with informatian regarding the em· 

ployees' gross salary, were obtainable from 

public reoords, and did not constitute an invasion of privacy; Magic Valley Newspapers, 

Inc. v. Magic Valley Reg'! Med. Ctr., 138 Idaho 

143, 59 P.3d 814 (2002). 

E·Mails. 

E-mail correspondence between a county 

employee and the county pro_utor were 

public records and not exempt from disclosure, wher~ the a-mails were informal communications between all employee and her 

supervisor, unrelated to personnel administration. Cowles Publ'g Co. v.Knotenai County 

Bd. of County Comm'rs, 144 Idaho 259, 159 

P.3d 896 (2007). 

9-340C. Records exempt from disclosure - Personnel records, 

personal infonnation, health records, professional discipline. [Effective January I, 2011.] - The following records are exempt from 

disclosure: 

(1) 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 stop, 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, te$tjng and scoring 

materials, grievances, correspondence and performance evaluations, shall 

not be disclosed to the public without the employee's or applicant's written 

consent. Names of applicants to classified or merit system positions shall not 

be disclosed to the public without the applicant's written consent Disclosure 

of names as part of a background check is permitted. NaI,lles of thli five (5) 

final applicants to all other positions shall be available to the public. Ifsuch 

group is less than fi,ve (5) finalists, then the entire list of applicants shall be 

available to th!'J public. A ,public official or authorized representative may 

inspect and copy hill persunnel records, except for ~aterial used to screen 

and test for employment. 

(2) Retired employees' and retired public officials' home addresses, home 

telephone numbers and other financial and nonfinanci.al membership 

records; active and inactive memberfinancilll and membersh~p records and 

mortgag!'J portfolio loan documents maintained by the public employee 

retirement system. Financial statements prepared by retirement system 

staff, funding agents and custodiaI),s concerning the investment of assets .of 

the public employee retirement system of Idaho are not cousidered confidential under this chapter. 
9-340C EVIDENCE 382 

(3) 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. 

(4) Records of a pers6flal nature as follows: 

(a) Records of person81 debt filed with a public agency or independent 

public body corporate and politic 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 or independent public body corporate and politic, such as 

bonds, compiled by the public agency or independent public body corporate, and politic pursuant to law; 

(d) Records, with regard to the ownership of, or security interests in, 

registered public obligations; 

(e) Vital statistics records; and 

(0 Military records as described in and pursuant to section 65-301, Idaho 

Code. 

(5) 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 of a 

deficiency determination by the tax commission, under the provisions of 

section,63-3045B, Idaho Code. 

(6) 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 people who are elderly, indigent or have mental 

or physical disabilities, or participation in an environmental or a public 

health study, provided the provisions of this subsection making records 

exempt from disclosure shall not apply to the extent that such records or 

informatIon contained in those records are necessary for a background check 

on an individual that is required by federal law regulating the sale of 

firearms, guns or ammunition~ 

(7) Employnient security information, except that a person may agree, 

through written, infornied consent, to waive the exemption so that a third 

party may obtain information pertaining to the person, unless access to the 

information by the person is restricted by subsection (3)(a), (3)(b) or (3)(d) of 

section 9-342, Idaho Code. Notwithstanding the provisions ofsection 9-342, 

Idaho Code, a person may not review identifying information concerning an 

informant who reported to the department ofIabor a suspected violation by 

the person ofthe employment security law, chapter 13, title 72, Idaho Code, 
383 PUBlJC WRITINGS 9-340C 

under an assurance of confidentiality. As used in this section and in chapter 

13, title 72, Idaho Code, "employment security information" means any 

information descriptive of an identifiable person or persons that is received 

by, recorded by, prepared by, furnished to or collected by the department of 

labor or the industrial commission in the administration of the employment 

security law. 

(8) Any personal records, other than names, business addresses and 

business phone numbers, such as parentage, race, religion, sex, height, 

weight, tax identification and social security numbers, financial worth or 

medical condition submitted to any public agency or independent public 

body corporate and politic pursuant to a statutory requirement for licensing, 

certification, permit or bonding. 

(9) 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 ofthe 

number and types of matters considered and their dispositioll. 

(10) The records, findings, determinations and decisions of any 

prelitigation screening panel formed under chapters 10 and 23, title 6, Idaho 

Code. 

(115 Complaints received by the board ofmedicine and investigations and 

informal proceedings, including informal proceedings of any committee of 

the board of medicine, pursuant to chapter 18, title 54, Idaho Code, and 

rules adopted thereunder. 

(12) Records of the department of health and welfare or a public health 

district that identify a person infected with a reportable disease. 

(13) Records of hospital care, medical records, including prescriptions, 

drug orders, records or any other prescription information that specifically 

identifies an individual patient, prescription records maintained by the 

board of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, 

records ofpsychiatric care or treatment and professional counseling records 

relating to an individual's condition, diagnosis, care or treatment, provided 

the provisions of this subsection making records exempt from disclosure 

shall not apply to the extent that such records or information cOAtained in 

those records are necessary for a background check on an: individual that is 

required by federal law re~ating the sale of firearms, guns or ammunition. 

(14) Information collected pursuantto the directory of new hires act, 

chapter 16,title 72, Idaho Code. 

(15) Personal information contained in motor vehicle and driver records 

that is exempt from disclosure under the provisions of chapter 2, title 49, 

Idaho Code. 

(16) Records of the financial status ofprisoners pursuant to subsection (2) 

of section 20-607, Idaho Code. 

(17) Records of the Idaho state police or department of correction received 

or maintained pursuant to section 19-5514, Idaho Code, relating to DNA 

databases and databanks. 
9-340C EVIDENCE 384 

(18) Records of the department ofhealth and welfare relating to a survey, 

resurvey or complaint investigation of a licensed nursing facility shall be 

exempt from disclosure. Such records shall, however, be subject to disclosure 

as public records as soon as the facility in question has received the report, 

and no later than the fourteenth day following the date that department of 

health and welfare representatives officially exit the facility pursuant to 

federal regulations. Provided however, that for purposes of confidentiality, 

no record shall be released under this section which specifically identifies 

any nursing facility resident. 

(19) Records and information contained in the registry ofimmunizations 

against childhood diseases maintained in the department of health and 

welfare, including info'rmation disseminated to others from the registry by 

the department of health and welfare. 

(20) Records of the Idaho housing and finance association (IHFA) relating 

to the following: 

(a) Records containing personal financial, family, health or similar personal information submitted to or otherwise obtained by the IHFA; 

(b) Records submitted to or otherwise obtained by the IHFA with regard 

to obtaining and servicing mortgage loans and all records relating to the 

review, approval or rejection by the IHFA of said loans; . 

(c) Mortgage portfolio loan documents; 

(d) Records of a current or former employee other than the employee's 

duration of employment with the association, position held and location of 

employment. This exemption from disclosure does not include the contracts of employment or any remuneration, including reimbursement of 

expenses, of the executive director, executive officers or commissioners of 

the association. All other personnel information relating to an association 

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, 

retirement plan information and performance evaluations, shall not be 

disclosed to the public without the employee's or applicant's written 

consent. An employee or authorized representative may inspect and copy 

that employee's personnel records, except for material used to screen and 

test for employment or material not subject to disclosure elsewhere in the 

Idaho public records act. 

(21) Records of the department of health and welfare related to child 

support services in cases in which there is reasonable evidence of domestic 

violence, as defined in chapter 6S, title 39, Idaho Code, that can be used to 

locate any individuals in the child support case except in response to a court 

order. 

(22) Records of the Idaho state bar lawyer assistance program pursuant 

to chapter 49, title 54, Idaho Code, unless a participant in the program 

authorizes the release pursuant to subsection (4) of section 54-4901, Idaho 

Code. 

(23) Records and information contained in the trauma registry created by 

chapter 20, title 57, Idaho Code, together with any reports, analyses and 

compilations created from such information and records. 
385 PUBLIC WRITINGS 9-340C 

(24) Records contained in the court files, or other records prepared as part 

ofproceedings for judicial authorization ofsterilization procedures pursuant 

to chapter 39, title 39, Idaho Code. 

(25) The physical voter registration card on file in the county clerk's 

office; however, a redacted copy of said card shall be made available 

consistent with the requirements ofthis section. Information from the voter 

registration card ~aintained in the statewide voter registration database, 

including age, will be made 'available except for the voter's driver's license 

number, date of birth and, upon a showing that the voter comes within the 

provisions of subsection [(30)](26) of this section oTupon showing of good 

cause by the voter to the county clerk in .consultation with the cOunty 

prosecuting attorney, the physical residence address of the voter. For the 

purposes of this subsection good cause shall iticlude the protection ofHfe and 

property and protection of viCtilllB of domestic violence and similar crimes. 

(26) File numbers, passwords and infomation in the files of the health 

care directive registry maintained by the secretary of state under section 

39-4515, Idaho Code, are confidential and shall not be disclosed to any 

person other than to the person who executed the health care directive or 

the revocation thereof and that person's legal representatives, to the person 

who registered the health care directive or revocation thereof, and to 

physicians, hospitals, medical personnel, nursing homes, and other persons 

who have been granted file number and password access to the documents 

within that specific file. 

(21) Records in 'an address confidentiality program. participant's file as 

provided for in chapter 57, title 19, Idaho Code, other than the address 

designated by the secretarY of state, except under the following circumstances; 

(a) If requested by a law enforcement agency, to the law enforcement 

agency; or 

(b) If directed by a court order, to a. person identified in the order. 

(28) Except as otherwise provided by law relating to the release of 

information to a governmental entity or law enforcement agency, any 

personal information including, but not limited to, names, personal and 

business addresses and phone numbers, sex, height, weight, date of birth, 

social seCurity and driver's license numbers, or any other identifying 

numbers and/or information related to any Idaho fish and game licenses, 

permits and tagS uruess written consent is obtaine,d from the affected 

person. 

[(29)](28) DocUments and recordS' related to continuing education and 

recordkeeping violations that are maintained by the Idaho board of veterinary medicine under the provisions of section 54-2118(1)(b), Idaho Code, 

provided the requiremente set forth therein are met. 

[(30»)(28) The Idaho residential street address and telephone number of 

an eligible law enforcement officer and such officer's residing· household 

member(s) as provided for in chapter 58, title 19, Idaho Code; except under 

the following circumstances) 

(a) If directed by a court order, to a person identified in the court order; 

(b) Ifrequested by a law enforcement agency,. to the law enforcement 

agency; 
9-340D EVIDENCE 386 

(c) If requested by a financial institution or title company for business 

purposes, to the requesting financial institution or title company; or 

(d) If the law enforcement officer provides written permission for disclosure of such information. 

History. ch. 16,§ 1,p.48;arn.2003,ch.26,§ 2,p.95; 

I.e., § 9·340C, as added by 1999, ch. 80, am. 2003, ch. 189, § 3, p. 511; am. 2004, ch. 

9 4, p. 4;1: am. 1999, ch. 347, § 2, p. 926; am. 163, § 1, p. 529; am. 2006, ch. 38, § 3, p. 105; 

1999, ch. 3915, § '3, p. 1095; am. 2000, th. 58, am. 2006, ch. 67, § 1, p. 199; ani. 2006, ch. 

§ 1, p. 122; am. 2000, ch. 189, § 3, p. 465; am. 175, § 1, p. 535; am. 2006, ch. 352, § 3, p. 

2000, ch. 194, § 2, p. 479; am. 2000, ch. 293, 1071; am. 0007, ch. 360, § 11, p. 1061; am. 

§ l,p. 1011; am. 2000, ch. 332, § 6, p. 1112; 2008, ch. 99, § 5, p. 278; am. 2008, ch. 232, 

am. 2000, ch. 342, § 5, p. 1146: am. 2000, ch. § 2, p. 706; am. 2010, ch. 104, § 2, p. 201; am. 

469, § 20, p. 1450; am. 2oo2,.ch. 329, § 3, p. 2010, ch. 225, § 1, p. 501: am. 2010, ch. 235, 

928;am.2002,ch.363,§ 2,p.1023:arn.200a, § 3,p, 542; am. 2010,ch. 245, § l,p. 629. 

STATUTORY NOTES 

Amendments. 

This section was amended by four 2010 acts 

which appear to b. compatible and have been 

compiled together. 

The 2010 amendment, by th. 104, effective 

July 1, 2010 added subsection [(29)](28). 

The 2010 amendment, by ch. 225, effective 

January I, 2011, in the second sentence in 

sub••ction (25), inserted "upon a showing 

that the voter comes within the provisions of 

subsection [(30)](28) of this section or"; and 

addad suhseetion [(30)J(28). 

The 2010 amendment, by ch. 235, effective 

July 1, 2010, subetituted "public care for 

people who are elderly, indigent or have men· 

tal or physical disabilities" for "public care for 

the elderly, indigent, or mentally or physically 

handicappad" in subsection (6). 

The 2010 amendment, by eh. 245, April S, 

2010, added sUDsection (28). 

Compiler's Notes. 

For this section as effective Wltil January 1, 

2011, see the preceding section, also numbered § 9·340C. 

Effective Dates. 

Section 5 ofS.L. 2010, ch. 245 decl""ed an 

emergency. Approved April 8, 2010. 

9·840D. Records exempt from disclosure - Trade secrets, production records, appraisals, bids, proprietary information. - The 

following records are exempt from disclosure: 

(1) Trade secrets including those contained in response to public agency 

or indElpenp.ent public body corporate and politic requests for proposa,l, 

requests for clarification, requests for information and similar requests. 

"Trade secrets" as used in this section means 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, froUl not 

being generally knQV\'ll to, and not being readily ;'lScertainable by proper 

means by other persons who CIill ~btain economic value from its disclosure 

or use; and 

(b) Is the subject ofefforts that are reasonable under the circmnst!l4ces to 

maintain its secrecy. 

(2) Production records, housing production, rental and financing 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 or'submitted to or 

otherwise obtained by an independent public body corporate and politic. 

Nothing in this subsection shall limit the use which can be made of such 
387 PUBLIC WRITINGS 9-340D 

information for regulatory purposes or its admissibility in any enforcement 

proceeding. 

(3) Records relating to the appraisal of real property, timber or mineral 

rights prior to its acquisition, sale or lease by a public agency or independent 

public body corporate and politic. 

(4) Any estimate prepared by a public agency or independent public body 

corporate and politic 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. 

(5) Examination, operating or condition reports and all documents relating thereto, prepared by or supplied to any public agency or independent 

public body corporate and politic responsible for the regulation orsupervision 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. 

(6) 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. 

(7) 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. 

(8) Financialstatements and business information and reports submitted 

by a legal entity to a. port· district organized under title 70, Idaho Code, in 

connection with a business agreement, or with a development proposal or 

with a financing application for any industrial, manufacturing, or other 

business activity within a port district. 

(9) Nam~ and addresses ofseed 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 

inforlllation 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 tlrreat to that 

particular seed. or commercial crop industry or~, i~dividual lP:0wers, 

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 inspedlon and coPYing. This exemption shall not 

supersede ·the provisions of section 22-436, Idaho Code, nor shall this 

exemption apply to information regarding specific property locations subject 

to an open burning of crop residue pursuant to section 39-114, Idaho Code, 

names of persons responsible for the open burn, acreage and crop type to be 

burned, and time frames for burning. 

(10) Information obtained from books, records and accounts required in 

chapter 47, title 22, Idaho Code, to be maintained by the Idaho oilseed 

commission and pertaining to the individual production records of oilseed 

growers. 
9-340D EVIDENCE 388 

(11) 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 s~ttlement 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 or independent public body 

corporate and politic. 

(12) Records of laboratory test results provided by or retained by the 

Idaho food 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. 

(13) Reports required to be filed under chapter 13, title 62, Idaho Code, 

identifYing electrical or natural or manufactured gas consumption data for 

an individual customer or account. 

(14) Voluntarily prepared environmental audits, and voluntary disclosures of information submitted on or before December 31, 1997, to an 

environmental agency as defined in section 9-803, Idaho Code [now null and 

void), which are claimed to be confidential business information. 

(15) Computer programs developed or purchased by or for any public 

agency or independent public body corporate and politic 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 desigued 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'ofthe 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. 

(16) Active investigative records and trademark usage audits ofthe Idaho 

potato commission specifically relating to the enforcement of chapter 12, 

title 22, Idaho Code, until the commencement of formal proceedings as 

provided by rules of the commission; purchase and sales information 

submitted to the Idaho potato commission during a trademark usage audit, 

and investigation or enforcement proceedings. Inactive investigatory 

records shall be disclosed unless the disclosure would violate the standards 

set forth in subsections (l)(a) through (f) of section 9-335, Idaho Code. 

Nothing in this subsection shall limit the use which can be made, or 
389 PUBLIC WRITINGS 9-340D 

availability of such information if used, for regulatory purposes or its 

admissibility in any enforcement proceeding. 

(17) All records copied or obtained by the director of the department of 

agriculture or his designee as a result of an inspection pursuant to section 

25-3806, Idaho Code, except: 

(a) Records otherwise deemed to be public records not exempt from 

disclosure pursuant to this chapter; and 

(b) Inspection reports, determinations of compliance or noncomI1liance 

and all other records created by the director or his designee pursuant to 

section 25-3806, Idaho Code. 

(18) All data and information collected by the division of animal indu!!­

tries or the state brand board pursuant to the provisions ofsection 25-207B, 

Idaho Code, or rules promulgated thereunder. 

(19) Record!! disc1o!!ed to' a, county official by the state t/ilX commission 

pursuant to subsection (4)(c) of section 63-3029B, Idaho Code. 

(20) Records, data, information and materials collected, developed, generated, ascertained or discovered during the course of academic research at 

public institutions of higher education if the disclosure of such could 

reasonably aft'ect the conduct or outcome of the research, orthe ability of the 

public institution Of 'higher education to patent or copyright the research or 

protect intellectual property. 

(21) Records, data, information and materials collected or I:.!tilized during 

the course of academic research at ~)Ublic institutions of higher edUCation 

provided by any petson or entity other than the public institution of higher 

education or a public agency. 

(22) The exemptions from disclosure provided in subsections (20) and (21) 

of this section shall apply only until the academic research is publicly 

released, copyrighted or patented, or until the academic research is completed or terminated. At such time, the records, data, information, and 

materials shall be subject to public disclosure unless: (a) another exemption 

in this chapter applies; (b) such information was provided to the iIlStitution 

subject to a written agreement of confidentiality; or (c) public disclosure 

would pose a danger to persoris or property. 

(23) The exemptions from disclo.sure provided in subsections (20) and (21) 

of this section do not incIl:.!de basic information about a particular researCh 

project that is otherwise subject to publi,c disclosure, such as the nature of 

the academic research, the name of the researcher, and the amount and 

source of the fundi,ng provided for the project. 

(24) Records of a county assessor containing information showing the 

income and expenses of a taxpayer, whiCh information was provided to the 

assessor by the taxpayer to permit the assessor to determine the value of 

property of the taxpayer. 

(25) Results oflaboratory tests which have no known adverse impacts to 

human health conducted by the Idaho state department of agriculture 

animal health laboratory, related to diagnosis of animal diseases ofindivid" 

ual animals or herds, on samples submitted by veterinarians or animal 

owners unless: 

(a) The laboratory testresults indicate the pre~ence of a state or federally 

reportable or regulated disease in animals; 
9-340D EVIDENCE 390 

(b) The release of the test results is required by state or federal law; or 

(c) The test result is identified as representing a threat to animal or 

human health or to the livestock industry by the Idaho state department 

of agriculture or the United States department of agriculture. 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, or the duty of any person to report conta. 

gious or infectious diseases as required by state or federal law. 

(26) Results oflaboratory tests conducted by tl:)e Idaho state department 

of agriculture seed laboratory on samples submitted by seed producers or 

seed companies. Nothing in this subsection shall limit the use which can be 

made, or availability orsuch information pursuant to the provisions of 

subsections (9) and (10) of section 22-418, Idaho Code. 

(27) For policies that are owned by private persous, and not by a public 

agency ofthe state ofIdaho, records ofpolicies, endorsements, affidavits and 

any records that discuss policies, endorsements and affidavits that may be 

required to be filed with or by a surplus line association pursuant to chapter 

12, title 41, Idaho Code. 

(28) Individual financial statements of a postsecondary educational insti· 

tution or a proprietary school submitted to the state board of education, its 

director or a representative thereof, for the purpose of registering the 

postsecondary educational institution or proprietary school pursuant to 

section 33-2402 or 33-2403, Idaho Code, or provided pursuant to an 

administrative rule of the board adopted pursuant to such sections. 

History. 

I.C., § 9-340D, as added by 1999, ch. 30, 

f 5, p. 41: am. 2000, ch. 342, § 6, p. 1146; am. 

2001,ch.383,§ 2,p. 1340; am. 2oo4,ch. 204, 

§ 2, p. 621; am. 2004, ch. 205, § 2, p. 627; am. 

and redesig. 2005, ch. 25, § 12, p. 82; am. 

2005, ch. 58, § 1, p. 213; am. 2005, ch. 276, 

§ I, p. 848; am. 2006, ch. 16, § 1, p. 42; am. 

2007. ch. 60, § 15, p. 143; am. 2007, ch. 88, 

§ 1, p. 240; am. 2007, ch. 205, § 1, p. 628: am. 

2007, ch. 206, § 1, p. 632; am. 2006, ch. 27, 

§ 3, p. 41; am. 2008, ch. 71, § 2, p. 187; am. 

2010, ch. 222, § 1, p. 495. 

STATUTORY NOTES 

Cross References. 

Food quality assurance institute, § 67­

8301 at seq. 

Industrial special indemnity fund, § 72­

323 et seq. 

Amendments. 

This section was amended by two 2004 acts 

which appear to be compatible and have been 

oompiled together. .. 

The 2004 amendment, by ch. 204. § 2, 

added subsection (19). 

The 2004 amendment, by ch. 205, § 2, 

added subsection (18). 

This section was amended by three 2005 

acts which ':ppear to be compatible and have 

been compiled together. 

The 2005 amendment, by ch. 25, § 12, 

redesignated a second subsection (18) as (19). 

The 2005 amendment, hy ch. 58, § I, added 

subeection (24). 

The 2005 amendment, by ch. 276, § 1, 

added subeections (20) to (23). 

The 2006 amendment, by ch. 16, redesignated the last paragraph, which was added as 

a second subsection (20) by S.L. 2005, ch. 58, 

§ 1 as subeection (24).' , 

The section was amended by four 2007 acts 

which appear to be compatible and have been 

compiled together. 

The 2007 amendment, by ch. 60, substituted 'Ioilseedff for "canola and rapeseed" pre~ 

ceding "commission" and substituted "oilseed" 

for "canola or rapeseed" precding "gl'OWers" in 

subsection (10). 

The 2007 amendments, by chs. 88, 205, and 

206, each purported to add a subeection (25) 

to this section. The provisions added by S.L. 

2007, ch. 206, § 1 were retained as subeection 

(25). The provisions added by S.L. 2007, ch. 

205, § 1 and by S.L. 2007, ch. 88, § 1 were 
391 PUBLIC WRITINGS 9-340D 

redesignated as subsections (26) and (27) by 

S.L. 2008, ch. 71, § 2. 

This section was amended by two 2008 acts 

which appear to be compatible and have been 

compiled together, 

The 2008 amendment, by ch. 27, corrected 

two sUhaeetion designations. 

The 2008 amendment, by ch. 71, in subsection (9), added "nor shall this exemption apply 

to information regarding specific property locations subject to' an open burning of crop 

residue pursuant to section 39-114, Idaho 

Code, names of persons responsible for the 

open burn, acreage and crop type to be 

burned, and time frames fur burning.' 

The 2010 amendment, by ch. 222, added 

suhaection (28). 

CODlpiler's Notes. 

Section 9-803, referred to in subdivision 

(14), became null and void December 31, 

1997. The previous text of that section is set 

out .s follows: 

"9·803. Definitions. [Null and void De· 

cember 31, 1997.I-As used in this chapter: 

"(1) 'Document,' as used in this legislation, 

include$} writings~ drawings, graphst charts, 

photographs, phone records and other data 

compilations. including electronic, from 

which information can be'obtatoed or trans· 

lated.• 

"(2) 'Environmental agency' shall mean 

any department or division of the state, local 

government or health hoard with authority to 

enforce any state environmental law. 

"(3) 'Environmental audit' means an internal evaluation done pursuant to a plan or 

protocol that is designed to identii;r and pre· 

vent noncompliance and to improve compliance with statutes, regulations, permits and 

orders. An environmental audit may be can· 

ducted by an owner or operator, by an owner or operator'. employees or by an independent 

contractor. An environmental audit may in· 

clude: 

"(a) One (1) or more facilities; 

"(b) Any activity at one (1) or more facilities; 

"(c) Impacts 00 one (1) ar more environ· 

mental media at a facility or facilities; or 

"(d) Management systems related to a fa· 

cility, an activity or an impact on &'vironmen· 

tal media. 

"(4) 'Environmental audit report' means a 

set of documents, each labeled 'Environmen· 

tal Audit Report' (or a substantive equivalent 

label), and prepared as a result ofan environ· 

mental audit. An environmentsl audit report 

may inclnde field notas, records of observa· 

tions, findings, opinions, suggestions, imple~ 

mentation plans, conclusions) drafts, memo~ 

randa, drawings, photographs, computar. 

generated or electronically recorded 

infonnation, maps, data, charts, graphs and 

surVeys, provided such supporting informa· 

tion is collected or developed for tha primary 

purpose and in the course of an environmen~ 

tal audit. An environmental audiheport may 

include memoranda and documents analyz~ 

ing portions or all of the audit report. 

"(5) 'Environmental law' means ruly federal, state or local law, regulation, rUle, ordi~ 

nance or permit term. and conditions designed to protect or enhance the quality of 

land, water or air for tha protection ofhuman 

health, wildlife, other biota, or the environment. 

~j(6) 'Person) means any individual, firm, 

association, partnership, joint stock company, 

trust, estate, local governinental entity, public 

or private corp.oration, or: any other legal 

entity which is recognized by the law as the 

subject of rights and duties, but does not 

include any state or. federal governmental 

entity or its c,!ntractors and/or subcontractors 

in the performh:nce~ operation or management 

of governmental activities, programs, funetions, facilities or s:ites, 

"(7) 'In camera review' means a hearing Or 

review in a courtroom, hearing room or chambers, to which the general public is not admitted. After such hearing or review, the content 

ofthe oral and other evidence and statements 

of the judge, hearing officer and conose! shall 

be held io confidence by those participating io 

or present at. the hearing or review, ,and any 

transcript of tha hearing or review shall be 

sealed and not Considered a publiciecord 

until or unless its contenta are disclosed by a 

court having juriBdiCtiQn over the. ~atter. 

[I.e., § 9-603, as added by 1995, ch. 359, § 1, 

p. 1218; am. 1996, ch. 414, § 1, p. 1376.1" 

Effective Dates. 

Section 3 of'!i~L. 20M, ch. 204 aeelared an 

emergency retroactively to January 1, 2003. 

Approved March 23, 2004. .. 

"Section 2 of S.L. 2005, ch. 276 declared an 

emergency. Approved April 5, 2005: 

Section 6 of S.L. 20OS, rh. 71 declared an 

emergency. Approved March 7, 2008. 

JUDICIAL DECISIONS 

Settlement Agt-eements. ented io order to conclude any potential 

Settlement agreement between a county claims between the employee and the county. 

employee and the county's insurer was prop­ Only statistical data \Uld tha actual amount 

erly sealed, wbere the settlement was exe- paid to the employee were public records. 
9·340E EVIDENCE 392 

Cowles Publ'g Co. v. Kootenai County Bd. of 

County Comm'rs, 144 Idaho 259, 159 P.3d 896 

(2007). 

9-840E. Exemptions from disclosure - Archaeological, endangered species, libraries, licensing exams. - The following records are 

exempt from disclosure: 

(1) Records, maps or other records identifYing the location of archaeological or geophysical sites or endangered species, if not already known to the 

general public. 

(2) Archaeological and geologic records concerning exploratory drilling, 

logging, mining and ot:q(;lr excavation, when such records are required to be 

filed by statute for the time provided by statute. 

(3) The records of a library which, when examined alone, or when 

examined with other public records, would reveal the identity ofthe library 

patron checking out, requesting, or using an item from a library. 

(4) 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 

ofthe contribution. 

(5) 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 ifthe 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 crei)lte a 

risk that the result might be affected. 

History. 


I.C., § 9-340E, as added by 1999, ch. 30, 


§ 6, p. 41. 


9-340F. Records exempt from disclosure - Draft legislation and 

supporting materials, tax commission, petroleum clean water trust 

fund. - The following records are exempt from disclosure: 

(1) Records consisting of draft legislation and documents specifically 

related to such draft legislation or research requests submitted to the 

legislative services office 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 ofthe legislature ofthe state ofIdaho, unless 

the individual legislator havin,.g submitted or requested such records or 

research agrees to waive the provisions of confidentiality provided by this 

subsection. 

(2) All papers, physical and electronic records and correspondence or 

other supporting.materials comprising the work papers in the possession of 

the legislative services office or the director of legislative performance 

evaluations prior to release ofthe related final audit and all other records or 

materials in the possession ofthe legislative services office or the director of 

legislative performance evaluations that would otherwise be confidential or 

exempt from disclosure. 
393 PUBLIC WRITINGS 9·340G 

(3) Records consisting of draft congressional and legislative redistricting 

plans and documents specifically related to such draft redistricting plans or 

research requests submitted to the commission staff by a member of the 

commission for reapportionment for the purpose of placing such draft 

redistricting plan into form suitable for presentation to the full membership 

of the commission, unless the individual commission member having 

submitted or requested such plans or research agrees to waive the provi· 

sions of confidentiality provided by this subsection. 

(4) .Records that identify the method by which the Idaho state tax 

commission selects tax returns for au.dit review. 

(5) Underwriting and claims records of the Idaho petroleum clean water 

trust fund obtained pursuant to section 41-4905, 41-4909, 41·491IA, 41· 

4912 or 41·4912A, Idaho Code. Provided however, that this subsection shall . - . . 

not prevent the Idaho petroleum clean water trust fund's submittal to the 

Idaho department of environmental quality, or other regulatory agencies of 

information necessary to satisfy an insured's corrective action requirement 

under applicable federal or state standards in the event of a release into the 

environment from a petroleum storage tank; and provided further that 

nothing in this subsection shall prevent the Idaho petroleum clean water 

trust fund from providing auditing, reporting, or actuarial information as 

otherwise required of it pursuant to section 41·4919, 41-4925A, 41·4928, 

41.4930, 41·4932, 41·4937 or 41.49313, Idaho Code. 

History. 2001, ch. 103, § 1, p. 253; am. 2003, ch. 96, 

I.C., § 9·840F, as added by 1999, th. 30, § 1, p. 281. 

§ 7, p. 41; am. 2000, ch. 229, § 1, p. 643; am. 

STATUTORY NOTES 

Cross References. Legislative services oifu:e, § 67·701 et seq. 

Commission for reapportionment, Idaho State tax commission, Idaho Const., art. 

Const., art. ill, § 20 and § 72-1501 at seq. VII, § 12 and § 63·101. 

Director of legislative performance evalua· 

tions, § 67·457. 

9-340G. Exemption from disclosure Records of court proceed. 

ings regarding judicial authorization of abortion procedures for 

minors. - In accordance with section l8·609A, Idaho Code" the following 

records are exempt from public disclosurEl: all records contained in court 

files ofjudicial proceedings arising under section 18-609A, Idaho Code, are 

exempt from disclosure. 

History. 

I,C., § 9·840G, as added by 2000, ch. 7, § 9, 

p. 10; arn.2007, ch. 193, § 2,p. 565. 

STATUTORY NOTES 

Amendment•. closure: records contained in court files of 

The 2007 amendment, by ch. 193, r.wrota j1!dicial proceedings regarding judicial autho· 

the section, which formerly read: "In a<;c<>r· rization ofa minor's consent to an abortion or 

dance with s.etion IS.609A, Idaho Code, the the performance of abortion procedUres upon 

foDowing records are exempt from public dis- a minor who would otherwise have to obtain 
9-340H EVIDENCE 394 

consent for the procedure from 3: parent or Effective Dates_ 


guardian, in addition to 1;'ecords of anyjudicial Section 8 of S.L. 2007, ch. 193 declared an 
 proceedings filed under section 18-609A(3), emergency. Approved March 27, 2007. 


Idaho Code." 


9-340H. Exemption from disclosure - Records related to the 

uniform securities act. - Except as otherwise determined by the director 

of the department of finance pursuant to section 30-14-607(c), Idaho Code, 

the following records are exempt from disclosure: 

(1) A record obtained or created by the dire~or of the department of 

finance or a representative of the director in connection with an audit or 

inspection under section 30-14-411(d), Idaho Code, or an investigation under 

section 30-14-602, Idaho--Code; 

(2) A part of a record filed in connection with a registration statement 

under section 30-14-301, Idaho Code, and sections 30-14-303 through 

30-14-305, Idaho Code, or a record under section 30-14-411(d), Idaho Code, 

that contains trade secrets or confidential information if the person filing 

the registration statement or report has asserted a claim of confidentiality 

or privilege that is authorized by law; 

(3) A record that is not required to be provided to the director of the 

department offinance or filed under chapter 14, title 30, Idaho Code, and is 

provided to the director only on the condition that the record will not be 

subject to public examination or disclosure; 

(4) A nonpublic record received from a person specified in section 30-14­

608(a), Idaho Code; and 

(5) Any social security number, residential address unless used as a 

business address, and residential telephone number unless used as a 

business 'telephone number, contained in a record that is filed pursuant to 

chapter 14, title 30, Idaho Code. 

History. 

I.C" § 9-340H, as added by 2004, ch. 45, 

§ 3, p. 169. 

STATUTORY NOTES 

Prior Laws. Compiler's Notes. 

Former § 9-340H, which comprised I.C. Pursuant to S.L. 2004, ch. 45, § 8, this 

§ [9-340Hl 9-340G, as added by 2000, ch. 194, section took effect on September 1, 2004. 

§ 3, p. 483, was repealed by S.L. 2002, ch. 27, 

§ 1. 

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 or 

independent public body corporate and politic shall, upon receipt of a 

request for disclosure, separate the exempt and nonexempt material and 

make the nonexempt mllterial 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 tha~ such nonexempt material is contained in the 

same public record as the exempt material. 
395 PUBLIC WRITINGS 9-342 

HI.tory. 


I.e., § 9-341, as added by 1990, ch. 213, 


§ 1,p. 480; arn. 20OO,ch.342, § 7, p. 1146. 


9-342. Access to records about a person by a person. - (1) A 

person may inspect and copy the records of a public agency or independent 

public body corporate and politic 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 ofthe receipt ofthe request, 

the public agency or independent public body corporate and politic 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's fees to the prevailing party or parties, ifit 

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: 

(a) Otherwise exempt investigatory records of a public agency or independent public body corporate and politic if the investigation is ongoing; 

(b) Information that is compiled in reasonable anticipation of a civil 

action or proceeding wbich is not otherWise discoverable; 

(c) The information relates to adoption records; 

(d) Information which is otherwise exempt from disclosure by statute or 

co~ rule; 

(e) Records of a prisoner maintained by the state or local agency having 

custody of the prisoner or formerly baving custody of the prisoner or by 

the commission of pardons and parole. 

History. 2000,ch. 342,§ 8,p. 1146; arn. 2000,ch. 368, 

1.0., § 9-342, as added by 1990, ch. 213, § 2, p. 1219; aDl. 2001, ch.48,§ 2, p. 88. 

§ 1, p.480; _.1992, ch. 200, § 2, p. 618; am. 

STATUTORY NOTES 

Am\>~<Qnents. , 

This section was amended by two 2000 acts 

which appear to be compatible and have been 

compUed together. 

The 2000 amendment, by ch. 342, § 8, jn 

sUbeection (I), inserted "or mdependent public body corp<>rate arid politic" preceding "pertaining to that person"'; in subsection (2), 

inserted. "or indepilll~e,,~ public body corporate and politic" ~.f~qing #shall either"; in 

subdivision (2)(b), SUbstituted "attorrtey's" for 

"attorney";' and in subsection (3) (noW subdivision (3)(a), inserted "or independent public 

body corporate and politic" preceding "if the 

investigation is 'ongoing", 

The 20QO amendment, by ch. 868, § 2, in 

the last sentence of subdivision (2)(b), substituted fjattorney's" for ';attorney'J; divided' sub~ 

division (3) into the introductory language of 

subdivision (3) and subdivisions (3)(a) 

through (3)(d); ill present subdivision (3)(d), 

added "or cow:! rule" following "discloBure by 

statute", added subdivision (3)(e); and made 

minor stylistic and punctuation changes; 
9-342A EVIDENCE 396 

JUDICIAL DECI~IONS 

ANALYSIS 

Applicability. 


Construction. 


ApplicablUty. by excluding "otherwise exempt inveetigatory 

Section 9·335 controls over provisions, such records .,. if the investigation is ongoing," 

as § 9·342(1), that might otherwise provide which implicitly defers to the exemption con· 

for disclosure ofinvestigatory records, Gibson tained in § !I.340B; which, in turn, defere to v. Ada County, 138 Idaho 787, 69 P.3d 1048 § 9·335 for a wore speciiie definition of the 

(2003). investigatory records exemption. Bolgar v. 

Construction. 
 Lance, 137 Idaho 792, 53 P.3d 1211 (2002). 

Subsection (3) of this secUQJV limits the 


applicability of subsection (1) of tbis section 


9·342A. Access to air quality and hazardous waste records ­

Protection of trade secrets. - (1) To the extent required by the federal 

clean air act and the resource conservation and recovery act for state 

primacy over any delegated or authorized programs, even if the record is 

otherwise exempt from disclosure under chapter 3, title 9, Idaho Code, any 

person may inspect and copy: 

(a) Air pollution emission data; 

(b) The content of any title V operating permit; 

(c) The name and address of any applicant or permittee for a hazardous 

waste treatment, storage, or disposal facility permit pursuant to chapter 

44, title 39, Idaho Code; and 

(d) Any other record required to be provided to or obtained by lJJ.e 

department ofenvironmental quality pursuant to the federal clean air act 

and the resource conservation and recovery act, and the implementing 

state statutes, federal regulations and state rules, unless the record is a 

trade secret. 

(2) For purposes of this section, a record, or a portion of the record, is a 

"trade secret" if the information contained in the record is a trade secret 

within the meaning of the Idaho trade secrets act, sections 48-801, et seq" 

Idaho Code, including commercial or financial information which, if disclosed, could cause substantial competitive harm to the person from whom 

the record was obtained. 

(3) Any record, or portion of a record, provided to or obtained by the 

department ofenvironmental quality and identified by the p8rson providing 

the record as a trade secret shall not be disclosed to the public and shall be 

kept confidential according to the .procedures established in this section. 

(4) Nothing in this section shall be construed as limiting the disclosure of 

a trade secret by the department of environmental quality: 

(a) To any officer, employee, or authorized representative of the state or 

the United States, under a continuing claim of confidentiality, as necessary to carry out the provisions ofstate or fuderallaw, or when relevant to 

any proceeding thereunder; 

(b) As determined necessary by the director of the department of environmental quality (under a continuing confidentiality eltrlm) to protect the 

public health and safety from imminent and substantial endangerment; 
397 PUBLIC WRITINGS 9-342A 

(c) As required by state or federal law, including section 9-343(3), Idabo 

Code, under a continuing claim of confidentiality and subsection (1), of 

this section; or 

(d) With the consent of the person from whom the record is obtained'. 

(5) It shall be the responsibility of any person providing a record to the 

department of environmental quality to give notice of the existence of a 

trade secret on each page or other portion of information at the time of 

submittal and such person shall have the burden of demonstrating that the' 

information is a trade secret. 

(6) Notwithstanding the time frames set forth in section 9-339(1), Idaho 

Code, when a request is made to the department of environmental quality 

pursuant to the provisions of this chapter for the di~closure of information 

for which a trade secret claim has been made, and the information has not 

been demonstrated to be a trade secret to the satisfaction of the director of 

the department of environmenta:l quality, within three (3) working days of 

receipt of the request for the disclosure of the information the department of 

environmental quality shall provide a written request for substantiation to 

the person making the confidentiality claim. A response shall be submitted 

to the department ofenvironmental quality by the person claiming the trade 

secret protection withiIiten (10) working days after receipt ofthe request for 

substantiation or th~ information subject to the claim shall be disclosed 

without further notice. Upon receipt of a timely response to the request for 

substantiation, tlie director of the departmllnt of .environmental quality 

shall determine whether the information is Ii trade secret subject to 

protection. 

(a) If it is determined that the information, or any portion of the 

information, is a trade secret, within thtee(3) working days after receipt 

of the response, the director of the department of environmental quality 

shall notify the person requesting the information that the request is 

denied pursuant to sections 9-339(3} and (4),Jdabo Code. 

(b) If it is determined that the information, or any portion of the 

information, is not a trade secret and is, therefore, subject to disclosure, 

within three (3) working days after receipt of the response, the director of 

the department of environmentalquality shalkinform the person making 

the confidentiality claim ofthe determination. The decision shall be a final 

agency action directly appealable, de novo, to_the district court of the 

county where the records or some part thereof are located. An·appeal 

contesting the decision efthe director,ofthe department of environmental 

quality to release information claimed to be a trade secret shall be filed 

within ten (10) working days from the date of receipt ofthe written notice 

of decision. The information claimed to be a trade secret· shall not be 

disclosed until the period 'for appeal has expired·with no appeal being 

taken, or a court order has been issued finding that the information is not 

a trade secret and all appeals of that order have been exhausted. 

(7) In any appeal taken pursuant to this section, the court may award 

reasonable costs and attorney's fees to the prevailing party if it finds the 

claim of confidentiality or the decision ofthe director ofthe department of 

environmental quality to provide records was frivolously pursued. 
9-343 EVIDENCE 398 

(8) The department of environmental quality shall adopt rules which 

include: 

(a) Appropriate measures to safeguard and protect against improper 

di:sclosure oftrade secrets, including procedures tp train all employees on 

the proper handling of trade s!lcrets; and 

(b) Any other provisions necessary to carry out this section. 

(9) As it.relates to·the department of environmental quality, or to agents, 

contr!lcto~s, ,or ()th~rrepresentatives of the department, the immunity 

created in section 9-346, Idaho Code, shall apply qply when disclosure of a 

trade secret is ,made con~istent with this section. 

History. 

lC~, § 9-342A, as added ];Y i998, ch. 125, 

§. 1, p. 461; am. 2001, ch. 103, § 2, p. 2.53. 

STATUTORY NOTES 

Cross References. The "title V operating permit," refeiTed to 

Department 0 'ot environmental quality~ in paragraph {l)(b), is a permit tinder the

§ 39-104 .. fede~!!I clean ,ur act; see 42 U.S.C.S. §§ 7661 

to 7661f. 

Federitl Referen~e•. 

CODlPiler's Notes. The fed'eral clean' air act, which is referred The. words enclosed in parentheses so ap­ to in sub.~ctiori (1), is codified at 42 U.S.C.s. peared in the law a's enacted. §. 7401 et seq. 

The reso~ce conservation"and'recovery act, Effective D'Ites. 

which is also -referred to msubsection 'U), is Section 5 of S.L. 1998, ch. 125 declared an codified at 42·U.&;C.S. §·6901 et seq. emergency. Effective March 19, 1998. 

"-343. Proceedings to,Im,t'orce right to examine or to receive a 

copy of record.s ....,.. Jl.etention of disputed rell.Qrds. - (1) The sole 

remedy for a person aggrieved by the denial of a request for disclosure is to 

institute·proceedings in the district court ofthe county where the records or 

some part thereof are located, to. compel the public agency or inde.pendent 

public body corporate and politic to make the information available for 

public inspection 'in accordance with the provisions of sections 9'337 

through 9.-348, Idaho Code.· The petition contesting the public agency's or 

i,n.dependent public body corporate and politic'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.or independen.t public 

body,corporate and politic. The tillle for r.esponsive p1.,eadings 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 or independent public body'corporate and politic 

~ha11 keep all documents,or:records in question untilthe end of the appeal 

period, until a decision .has .b!lenrendered on, the petition, or as otherwise 

statutorily provided, whicheveds longer. 

\, (3) Nothing_contained in sections 9-337 through 9-348, Idaho Code, shall 

limit the availability of documents and recordsfor discovery in the,normal 

c.ourse of judicial' or administrative adjudicatory proceedings, subject to the 

law and rules of evidence and of discovery governing such proceedings. 
399 PUBLIC WRITINGS 9-344 

Additionally, in any criminal appeal or post-conviction civil action, sections 

9-335 through 9-348, Idaho Code, shall not make available the contents of 

prosecution case files where such material has previonsly be,en provided to 

the defendant nor shall sections 9-335 through 9-348, Idaho Code, be 

available to supplement, augment, substitute or supplant discovery procedru:es in any other federal, civil or administrative proceeding. 

History. 2000, ch. 342, § 9, p. 1146; am. 2001, 00. 101, 

I.C., § 9-343, as added by 1990, 00. 213, § 1, p. 251. 

§ 1, p. 480; am. 1992,00. 200, § 3, p. 61B; am. 

JUDICIAL DECISIONS 

Negligence. Idabo public records act was created to allow 

Where forms containing corrections officers' public ace ... and was not intended to prevent 

personal information were dillclosed to an harm caused by public disclosure of private 

inmate during criminal proceeding discovery, infurmation. Nation v. State, 144 Idabo 177, 

there was no negligence per se, because the 158 P.3d 953 (2007). 

OPINIONS OF ATTORNEY GENERAL 

Refusal to provide records or documenta on Public "",.rda tbot are exempt mm public 

the grounds that such records or documents disclosure are nevertheless subject to disclo· 

are exempt from disclosure pursuant to the sure in a judicial or administrative proceed .. Idaho public records act does not constitute ing, jfthey are subject to disclosure under the 

reaSQnable cause or legal excuse for failing to laws or rules of evidence and discovery go.... comply with the Department of health and erning those proceedings. OAG 95-6. 

welfare's .dmipiatrative subpoena. OAG 95-6. 

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 

shovvcause why he should not do so. The court shall deci4e.the case after 

examining the pleadings filed by the parties and such oral 8rgtm;\ents and 

additional eyidl)nce as the court lllay allow. The court may examine the 

record in call1era .in its discretion. 

(2) Ifthe court-finds that the public official's decision to .refuse disclosure 

is not justified, it shall order the public official to make the requ,est¢ 

disclosure. Ifthe court determines that the publie official was justified in 

refusing to make the requested record available, he shall return the item to 

the public official withoqj; disclosing i~ content and shall enter an order 

supporting the decision refusing disclosure. In any such action, the court 

shall aWllrd 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, 00. 213, 

§ I, p. 480. 
9-345 EVIDENCE 400 

JUDICIAJ. DECISI!)NS 

Irrel",vant Issue." , an assoclatiOll's role as an ~~enol7, it was.­

Because the IiI:ilw state department of ago not awarded such fees. Idaho Conservatfo~' 

ricUlture focusea Iii. an irrelew1nt iSsue In League, Inc.v. Idaho State Dep't of~c., 143 

appealing a determinatiOn that.it was re­ Idaho 366, 146 RBd 632 (2006). 

quired to disclose.c~ain nutritilj\l,man.age. 

ment plans to a cOnservation league: attorney· Cited in: Bolger·v. Lke, 137 Idaho 792, 

fees were awarded on' appeal; h~wever, due to 53 P.3d 1211 (2002), 

RESEARCH REFERENCES... 

A.L.R. - Construction and application Qf. concerning award of attorney's fees and other 

state freedom of informati<ill; act provisions litigation costs. 118 A.L.R.5th L 

f1~345. Additio.n~l peljalty. - If th~ court fin,ds that a public official 

has deliberately and in bad faith improperly refused a legitimate request for 

inspection or coPYing,a civil penalty sh~ be assess'ed against the public 

official in an amount not to exceed one thousand dollars ($1,000), which 

shall be paid into the general account. 

History.


I.e., § 9-345, as added by 1990, ch, 213, 


§ 1,p:'480: 


JUDICIAL DECISIONS 

NegligenCe. Idaho public records act was Created "1 allow 

Where forms containing corrections officers' public aectlS8 and was not intended to prevent 

personal'inful'Dlation weh>, disclosed to an harm 'caUSlld by pnblic <liselo.urc of private 

inmate during crimiJlalproeeeding discovery, information, Natio~,v. State. 144I<laho 177, 

there waS no ·neg1igen~ _~ se, because the 158 P'gd 953(2007). 

9~346. Immunity; - No public agency or independent public body 

corporate and'ptilitil!, 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 ifthti public agency 

or independent public body corporate and politic, public officialllr custodian 

acted' in good'faith in attempting to comply with the provisions of this 

chaJite'r. 

History.

I.e., §!1.-346, ~s addeq, by, 1990, ch. 213, 

§ 1,. p. 480; am. 2000, ch. 342, § 10, p. 1146. 

9·847. Agency guidelines. - By January 1, 1991, every state agency 

or'independent public bOdy corporate and politic shall adopt guidelines that 

identifY the general subject matter of all public records kept or lliaintained 

by the state agency or independent public body corporate and politic, the 

custodian, and the physical location of such documents. 

History. 

[C., § 9.347, as added by 1990, ch. 213, 

§ 1, p. 460; am. 2000, ch. 342, § 11, p. 1146. 
401 PUBLIC WRITINGS 9-348 

9·348. Prohibition on distribution or sale ofmailing or telephone 

number lists - Penalty. - (1) Except as provided in. subsections (2), (3), 

(4), (5), (6), (7), (8) and (9) of this section, in order to protect the privacy of 

those who deal with public agencies or an independent public body corporate 

and politic: 

(a) No agency or independent public body corporate and politic 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 or independentpublic body 

corporate and politic may be used as a mailing list or a telephone number 

list except by the agency or indep!lndent public body corporate and politic 

or another agency without first securing. the permission of those on the 

list. 

(2) Except as may b~ 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 ofpublic records, original documents 

or applications which are otherwise open tQ public inspectiOn. 

(3) The provisions of this section do not apply to the.lfsts 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 Iclaho law 

enforcement agencies or, by purchase or otherwise, of public records dealing 

with motor vehicle registration. 

(6) This sectiQn does not apply to a corporate information list developed 

by the office of the secretary of state containing the name, address, 

regiStered age~t, officers and directors of corporations authorized to do 

business in this state or to a business information iist developed by the 

department of commerce containing the name, address, telephone number 

or oth,er relevant information ofIdaho businesses or individuals requesting 

information regarding the state. of Idaho or to business lists developed by 

the department ofagriculture, diVision ofmarketing and development, used 

to promote food and agricultural products produced in Idaho. 

(7) This section does not apply to'lists to be 1,lsecl for ordinary utility 

purposes which are requested by a person who supplies utility ~ervices in 

this state. Ordinary utility purposes, as used in this, chapter only, do not 

include marketing or maheting reseai'ch. . 

(8) This section does hota.pply to 'lists to be used to give notice required 

by anyst~tute, ordinance, ruie, law or by any governing agency. 

(9) This section does not apply tostu<ll!lnt directory information provided 

by collegesi universities, secondary schools and school districts to, military 

recruiters for military recruiting purposes pursuant to the requirements of 

federai laws. . 

(10) If a court finds that a person Or public official has deliberately and in 

bad faith violated the provisions of subsection (l)(b) of this section, the 

person or public official shall be liable for a civil penalty assessed by the 
9-349 EVIDENCE 402 

court in an amount 'not Oln excess of one' thousand dollars ($1,000) which 

shall be paid into the general account. 

Hi~l>ry. 1994, ch. 398, § 1, p. 1261; am. 1997, ch. 152, 

te., § 9.348, as added by 1992, ch. 279, § 2, p. 432; am. 2000, ch. 342, § 12, p. 1146; 

§ 1, p. 856; am. 1993, ch. 117, § 1, p. 294; am. am. 2003, ch. 310, § 1, p. 851. 

STATUTORY NOTES 

ComplIer's Notes. 


Fo,=",er. §: g...348 W'!B atl\ended and radesig­


nated as.§ '9-349 by § 2 ofS.L. 1992, ch. 279. 


. ,'~ 

9-349. 'Confidentiality language required in this chapter. - On 

and after January 1,1996, any statute which is added to the Idaho Code and 

pro"ides for the confidentiality or closure of any public record or class of 

public records shall be' placed in this chapter. Any statute which is added to 

the Idaho Code on and after January 1, 1996, and which prcwides for 

confidentialitY Or closure'of a public record or class of public records and is' 

located at a place'6ther than this chapter shaIl be null, void and of no force 

and effeCt regarding the confidentif!ljty or closure of the public record and 

such public' record shall be open and available to the public for inspection as 

provided in this chapter. 

History. 


I.C., §Jl-349, as added. by 1996, ch. 122, 


§ l,p. 437. . 


9-S49A. Severability. - The provisions ofthis 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 ofthl.s 

act. 

History. § 2, p. 856; am. and redosig. 1996, ch. 122, 

[c., .t· 9-348, ;as added by 1990, ch. 213, § 2, p. 437; am. and rodesig. 2005, elf. 25, 

§ I, p. 480; an;t. and fedesill. 1992, ch. 279, § 13, p. 82. 

STATUTORY NQ'l'ES 

Compll"l'~~. Notes.; . ''this chapter," meaning chapter .3, title 9, 

This section, which was ofiginally compiled Idaho Code.. 

as § 9·348 and was amended and redesignated JlS § 9-34R by § 2 ofS.L. 1992;'ch. 279, . Effectiv"nates. . 

was sUbsequently redesig,;ate<j.as § 9-.S!lO by Section 111 of S.L. 1990, ch. 213 provided 

§ 2 of S.L. 1996, ch. 122. HoWever, since there 'that §§ 1 and '2 of the act should 'take' .«ect 

was already·it § 9·350 in existenc., .. b'iack- July 1,1990. 

ated designation "[9,349AJ"'was il:\s~ py Sect,ion 2 of SL. 1993, cb. 389 declared an 

the compiler. The redl;Signl',tion as § 9-349A "Illetgency. Approved April 1, 1993. 

was fuaiie'permanent by ·S.L. 2005, ch. 25, Section 3 ofS.L. 1996, cb. 122 declarad an 

§ 13. emergency and provided that tlieact sbould 

'''Thisaet''rl'ferstoS.L.1990,cb.213 which be in full force and ef'feeton and after its 

i. codified a., oyer 100 sections throughQ\lt th~ p,!ssage and approval and retroactive to Jancode. Heie the reference should probably be to nary 1, 1996. Approved January 1, 1996. ~ . ,. 
403 PUBLIC WRITINGS 9·350 

9·350. Idaho Code is property of the state of Idaho. - (1) The 

Idaho Code is the property of the state of Id!lho, and the state of Idaho and 

the taxpayers shall be deemed to have a co~ftiifiton the Idaho Code. If a 

person reproduces or distributes the Idaho Code for the purpose of direct or 

indirect commercial advantage, the person shalLpwe to the Idaho code 

commission, as the agent ofthe state ofIdaho, a royalty fee in addition to the 

fee charged fotc,opying the Idaho Code. }.ny person. whor~produces or 

distributes the Idali!"l~ode in violation of the provisi()ns ofthis I!ection, shall 

be deemed tobe an inronger ofthe state ofIdaho's copyright. The Idaho code 

commission, through the office of the attorri~y gen~iEtI, is entitled to 

institut.e an action for .'any infringement of that particular right committed 

while the Idaho code commission or its designated agent has custody of the 

Idaho Code. 

(2) A court having jUrisdiction of a civil action arising under this section 

may grant s1'\ch reHtidEi it deems appropriate. At any time while an action 

under this section .is pending, the court may order the impounding, on aueh 

terms as it deems reasonable, of all copies 'claimed' to ·have been made or 

used i~ violation q{tJJ:hldlilio code commission's copyright pursuant to this 

section. ' . . . 

(3) An infringer of the state ofIdaho's copyright pursuant to this section 

is liable for any profits the infringer has incurred by obtaining the Idaho 

Code for commercial.purposes or is liable for statutory damages as provided 

in subsection (4) 'of this section. 

(4) ,The Idaho code commission, as agent of the copyright owner, may 

elect, al:'i'my time before final judgment is rendered, to recover, instead of 

actual damages and profits, an award ofstatutory damages for all infring&­

ments involved in the action, with respect to the Idaho Code for which any 

one (1) infringer is liable individually, or for which any two (2) or more 

infringers are liable jointly and severally, in a sum of not less than two 

hundred fifty dollars ($250) or more than ten thousand dollars ($10,000), as 

the court considers just. 

(5) In any civil action under this section, the court may allow the recovery 

of full costs by or against any party and may also award reasonable 

attorney's fees to the prevailing 'party as Part of the costs. 

(6) The Idaho code commission is hereby authorized to license and charge • • • ~ ,"' :. oM' .... , .' " 

fees for the use oithe Idaho Code. The Idaho. code 'commission may grant a 

license for the use of the Idaho Code to a public agency in the state and 

waive all or a portion ofathll fees. Ali fees recovered by the Idaho code 

commission shall be deposited in the general account. 

History.

I.e., § 9-350, as added bY,1993"ch. 389, 

§ 1, p. 1444. 

STATUTORY NOTES 

Effective Dates. 

Section' 2 of S.L. 1993, ch'. 389 declared an 

emergency. Approved April 1, 1993.