# APPENDIX 

# XIII

# 2007 

# CUMULATIVE POCKET SUPPLEMENT

IDAHO CODE

Compiled Under the Supervision ofthe Idaho Code Commission

RICHARD F. GOODSON R. 

### DANIEL BOWEN THOMAS 

### A. MILLER COMMISSIONERS

MAX M. SHEILS, JR. 

### EXECUTIVE SECRETARY

TITLES 1-13

Foryour convenience in reporting any errors in these supplements

or suggested improvements or additions you will find postpaid cards in the back ofthe 2007 Replacement Index Volumes.



### Place this supplement in the pocket ofthe corresponding volume ofthe set



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## www.lexisnexis.com

Customer Service: 1-800-833-9844

### PUBLISHER'S NOTE

Amendments to laws and new laws enacted since the publication of the bound yolume down to and including the 2007 regular session are compiled in this Eupplement and will be found under their appropriate section numbers.

This publication contains annotations taken from decisions ofthe Idaho Supreme Court and the Court of Appeals, and the appropriate federal courts, posted on texls.com as ofApril 5, 2007. These cases will be printed in the following reports:

Idaho Reports Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Heporter, .3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series

Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothing but annotations are not included in the analyses.

Following is an explanation ofthe abbreviations ofthe Court Rules used throughout th., Idaho Code.



# r.R.C.P. Idaho Rules ofCivil Procedure LR.E. I<1"ho Rules ofEvidence LC.R. Idaho Criminal Rules M.C.R Misdemeanor Criminal Rules LI.R. Idaho Infraction Rliles LI.R. Idaho ,Juvenile Rules I.C.A.R. Idaho Court Administrative Rules LA.R. Idaho Appellate Rllies
If you have any questions or suggestions concerning the Idaho Code, ple:we write or call toll frer: 1·800·83:3·9844. fax toll free at 1·800·643·1280,

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ill

### 9-335 EVIDENCE



### CHAPTER 3

PUBLIC WRITINGS 

### 142

SECI'ION. SECTION. 9-335. Exemptions from disclosure**-'Confi~** Personnel records, personal dentiality. information, health, records, 9-337. Definitions. professionaldiscipline. 9-33S. Public recorda

- Right to examine. 9-340D. Records exempt from disclosure

- 9-339. Response to request for examination ,I Trade secrets, production ofpublic records. I records, appraisals, bids, pro9-340B. Records exempt from disclosure -7"

.. prietary information. Law enforcement records,**-iri.~** - 9-340G. Exemption from disclosure

- vestigatory records of agen- Records of court proceedings cies, evacuation and emer- regarding judicial authorizageney response plans, tion ofabortion-procedures'for worker's compensation. "J minors; 9-340C. Recorda exempt from disclosure

-**9~349A** Severability. 'ic-o:ryn,u "j {j '. • 'r- /: 1<



### "**9.33.5.E:It~mpti~nll** 

### fromdillclollure- Confic;lep.till1ity',T q),NoJ;,- withstanding, .any, stll.tute ,or J;U1e ofcourt

..1;Q.the contJ:!u"y •. nQt;Wng in.this**chaptjWnorichapwr;~O;** 

### title 

### 59, IdahoCode,shaU be.co1ll!troedtO**req~e** 

### djscloswe of investigatory records compiledfor lawenforcem\lnt.PU11Poses by.a

.law.**enf,"~em\lnt.** 

### agency,. but such: exemption,&pm. discloswe1 applles only, to the extent th.at the production ofsuch records would:

.. (a);Interfere with enforcemeiltoproceedings;' "..

. ' (b) Deprlvll a person 

### ofa rightto:afair trial or animpartial adjudication;

.(c)

..C01ll!titute an unwarranted.invaSion ofpersonal privacy;

,' '" (d) Disclose the'.identity of,aconfidential,sowce and, in the, 

### case of a

.record compiledby a criminal law enforcemimt'agency in 

### the cowse ofa

, criminal'investigation, confidential informatiOn! furhished only by,the

confidential source;**i.~** :li.,". rr**'(l~1** 

### (e)

.Disclose investigative'techniques and procedwes; or ' (£) 

### Endanger thellfe or physical safetjroflaw' enfotcementpersonnel. (2) Notwithstanding subsection (1) 

### ofthis section, any personinvolved ih



### a motorvehicle collisionwhichis investigatedby II:

### law enforcement'agency, that perso'i1's'authorized legal representative' and theinsUter shaliha'l'e a right'to a complete, unaltered copy of

### the impact report, or its successors, and tHe fimil report prepared by the'agency..

. ,:1**(3)'A:illliactiveinvestigatoryrecord~hall** 

### be 'disclosed unless the'disCloswe would violate the provisions of subsection '(1)(a)' tlu:ough (f) 

### of this section. Investigatoryrecdrdas i;tsedhereinmE/ans inforlIiationwithrespect to 

### an**identifiableper~on** 

### orgrbup'ofpersons complIed

### by

# a, law' enforcemerit
agency in the**cours~'onondticthlg** 

### 'aninvesti'gati?n of a**,sp~cific'** 

### aet or omission and shall not include the following information:

.. .' (a) The time, date, location, and natwe and description of a reported crime, accident or incident; 

### (b) The name, sex, age, and address of a person arrested, except as otherwise provided by law; (c) The time, date, and location ofthe incident and ofthe arrest; (d) The crime charged; (e) Documents given orrequiredbylaw to be givento the person arrested;

### 143 PUBLIC WRITINGS 

### 9-336

(t) 

### Informations and indictments except as otherwise provided by law; and (g) Criminal history reports. As 

### usedherein; the term "law enforcementagency" means the office ofthe attorneygeneral, the office ofthe state controller, the Idaho state police, the office ofany prosecuting attorney, sheriffor'iriuiricipiilpolice'department.

, [(4)](3) Whenever it is made to appear by verified petition to the district
court ofthe county where the records or some part thereofare situated that certain investigative records arebefug improperly withheld from

# amember of tlie public, the court' shall ?rdet' the officer or person charged with withholding therecordsto disCIose.theinvestrgatj.verecord or show cause whyhe should'notdo so. The court shall decidethe case afterexamining the
j. -'_'.- '. 1"· --' '.:., .'"

.... .. "

...-. 

### record in camera, 'papers filed by the parties, and such oral argull)ent arid additiopal evidence as the**~purt** 

### mal**allo~.:",** ,! 

### If

### the court finds that the public official's decision to 

### refuse disclosure. is

"

.. .. .. .. , .. 1.... ..;"

...... I: -:. _.'

, 

### notjustified, he shall order the public officials to make the record public. If the judge determine,s th;itthe puqlic offifill1 W;lS 

### jJlstified in refusing to make therecordpublic, he shallretUrntheitell)'t,o t!J.epUblic o!ficialwithout di,sclosing its eontentwith an order supporting' the decision, refusing disclosure. Any Person who fails to obey the order ofthe.court shall.be cited
to show cause why 

### he' is not in contempt iJf court. The court may, in'its discretion, award costs and fees to,,the prevailing party. [I.C., § 

### 9-335, as added by 

### 1986, ch. 210, § 

### 1, p:543; am. 1994, ch.181; §, 

### 40, p, 575\ 

### am. 2000, ch. 469, § 

### 18, p. 1450; am. 2005, ch. 333, § 

### 1, p. 1043.]

CompiJerJ,s Notes. Following the. amend;:;

, ment of this section by**S.L~** ..**:~005,** ..ch.**33~1'** there were two subsection designated as (3):, Theseconc;1 ofthese has been red!3:signated-a& subsection [(4)1 by the compiler.
Inirestigatory Reo'oreis. -;

Whereforms containingcorrections officers' personal information; were disclosed to an inmate during criminal proceedingdiscovery, 

## the invasion ofprivacy claims failed necause (1) the public, defender and**thei~ate** were entitled to, the unredacted forms

_ in, order to authanticate them and defend against any restitution claib:i;(2) the inforniatibnwaa 'an investigatory record and certain defendants

were law enforcement agen,cies, (3) these recohla**~ere** exempt from public disclosUre,- and (4-) none ofthe state defendants publicly disclosed privateinformationl Nationv. State,

- Idaho ,-,-,

__ P.3d -, 2007 Ida. LEXIS 83 (Mar. 29, 2007).



### 9·336.**~vidence** 

### from preliminary quirements. ' hearing

- Admission

, 

### Re·

ANALYSIS Preliminary hearing testimOIiy. -Absent witness. Preliminary Hearing**Test~ony.** '

-Absent Witness.

Defendant, who was a convenience store worker, was accused ofgrand theft; a witness who hadthe shift after defendant's, and who, discovered money was missing, wasslated to testify; however, she was terminally ill and relapsedduringthe trial. Thetrial courte'rted in ileciding that the witness wap unavailable and in allowing the witness's preJiminary hearing testimony to be**admit~d** -- because there waS

- insubstantial' evidence to support

. th.e finding that the witnes8 was unavailable;

however, the trial court's error was**harmle~8** in light of the other evidence ,that was preM Bemted against defendant.**Sta~** v. Perry,

- Idaho -, - P.3d -, 2007 Ida. App. LEXIS 7 (Feb. 8, 2007),

### 9·337 EVIDENCE 

### 144

9·337. 

### Definitions.

- Ail 

### used in sections 9·337 

### through 9·347, 

### Idaho Code: (1) 

### "Applicant" means any person formally seeking,a paid Or volunteer position'vnth a pUQlic**agenc~** 

### "J\pplicant" does not jnclude, any person seeking appointment to a position,non,nally filled by election

..,

(2) 

### "Copy" means**tran~criQing** 

### Qy

### handwriting, ph,otoct'lpying, duplicaj;jp.g machine,andreproducing:9y,an;V otherme!lIls.so long as**th~,publicreqqrd** 

### is
not alterEld or damaged.

. "

, '

,.. . (3) "Custodi!lIl" means th'l,pe:rsonhaving perst'lnal custody !lIld

### c,~;'trol**~f** thepublic records

## .ill**quest~on.** If

### no**s';\~h 4e~igIf~tion**  

### is**If!~de** 

### ,by**t~e** 

### J),ubllc agency or independent public b?dy,c?l'J:'0rat

### El,**~d,POlitlC,** 

### then.**cu~todian** 

### means any public ofncialhaviIlg custb<!-y'of,contr,ol of, or

### llu~orized aCC'l"S to public records and includes

### ai1'd~iegate~ ofsucn'offic1ars; employees or representatives.

., ';. ' "

. ('

. , ,',...,... (4) 

### "IndependElnt public body co:rpbrateandpolitic" means the Idaho housing and finance associlltion as created in chapter 62;'tit\e' 67,**Id~o** 

### Code.'

, };

, J..' t...' " '

,



### (5) "Inspect" llleanS the right 

# to**1f~terl1** 

### vikw'!ind'make notes ofpublic recordS as long as the public tebori:I is notaltered or damaged. !'. 

### (6) "Investigatoryrecord" means informationiviitllrespect to an identifi c 

### ablE!' person; group ofpersons' or entities compiled by a public agency' or independent public' body"corporate' and politic pursuant"toits'statutory authority in the course ofinvestigating a specific act, omission, failurEf.to act, .or other conduct over which the public agency or independent Public body corporate.and politic has regulatory authority or law enforcement authority.

(7) 

### "Law enforcement agency" means any state or 10ciU. B'gencY givenlB'w**enforce~ent** 

### pQwers .or whjcll**h~s. B'uth~rity**  

### tt'l investigB'te, enforce, iJrosEl' cute orpunishviola.tions ofstate or fed'l;ralcriroinal statutes, .ordinances or regulB'tions. (8) ,"Local ag\,ncy" means. a county, city, school district,J;Ilppicipalc.mlQ' ration, district, public health district, political, subdivision" or

.any agency thereof, oranycommittee ofalocal agency, or any combination the:reof. (9) 

### ·Petson"means any natural person; co;rporation,' pal!tnership,'firm, association,jointventure, state orlocal agency or

## allYotherrecognizedlegal**en~ity.** 

### ""

.. , . "

. '. '. .".

, ,

(10) 

### ·Prisoner" means a person who has been convicted qfa crime andis either incarcerated or on parole for that crime'or who is being held in custody for trial or sentencing.

.

(Il)··Public agencY" means lUiy 

### state or local ageIlCY as defined, in this section:

.. 4 ." (12) 

### "Public oflicial'; means

### ~~y state, county,local dist:r:ict"independent public body corporate and politic! or governmental official or,employee, whether elected, appointed or hired.' " .'. (13) 

### "Publicreco;rd" includes; butis notlimitedto, anywriting containing information.relating to the conduct or ad,ministration ofthe public's busi·

ness prepared, owned, used of retained by any state agency, independent public body corporate and politic or local agency regardless ofphysical form

or characteristics.

### 145 PUBLIC WRITINGS 

### 9-338

(14) "State agency" means every state officer, department, division, bureau, commission and board orany committee ofa state agencyincluding those in the le'gislative orjudicial branch, except the state militia. (15) "Writing" includes, but is not limited to, handwriting, typewriting, printing, photostating, photographing and everymeans ofrecording, including letters, words, pictures, sounds or symbols or combination thereof, and all papers, maps, magnetic or paper tapes,. photographic films and prints, magnetic orpunched cards, discs, drums or other documents. [I.C., § 9-337,

as added by 1990, ch. 213, § 1, p. 480; Llll.2000, ch. 342,.§ 1, p. 1146; am. 2000,ch. 368, § l,p. 1219; am. 2006; ;h. 352,§ l,p, 1071.]

Compiler's Notes. The 2006 amenc4nent,. bych. 352, added thedefinitionfor "applicant" and redesignated the following subsections" ae<:ordingly.

ANALYSis

Custodian. Investigatory records.

Custodian.

Identification ofa custodian has no bearing

on whether documents are exempt from disclosure; therefore, it was irrelevant whether the Idaho**~tate** departmentofagriculturewas the**cu~todian** ofnutrition management plans"

or not in the determination ofwhether or not they**w~re** exempt frpm disclos}lre to a**conseJ;~** vation league. Idaho Conservation League, me. v. Idaho StateDep't ofAgric.,

,... Idaho-, 146 P.3d 632 (2006). .• Investigatory Records.

Where forms containingcorrectionsofficers' personal information were disclosed:'to an inmate during criminal proceeding discovefY., the invasion ofprivacy claims failed because (1) the public defender and' the inma.te'were entitled

## to. the unredacte'd forms in order to**authent~cate** them and defend against

..any restitution claim, (2) tlie information was an investigatory record and certain defendants

were law- enforcement agencies" .(3)- these records wereexet;npt from public disclosure, and (4) none ofthe state defendants publicly disclosedprivateinformation. Nationv. State,

- Idaho

- ..- P.3d. -, 20P7 Ida, LEXIS 83 (Mar. 29, 2007).



### 9·338. Public records

- Right to examine;'

- (1) Every persOn has

a right to examine and take a copy of any public record ofthis stat<\ and there is a'presumption that all public 'records 

### ill Idaho are op'enat 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 ofthe custodian ofthe records using equipmentprovided by the public agency Or independent public' body corporate and politic or using equipment designated by the custodian.

(3) Additionally, the custodian ofany public record shall give the person,

on demand; a certified copy ofit ifthe record is ofa nature permitting such copying or shall furnish reasonable opportUnity to inspect or copy such record. (4)

.The custodian shall !J1ak;e no inquiry ofaI).y person who applies for a public record, except to verif,y the identity ofa person requesting a record in accordance with section 9-342, Idaho Code, to ensure that the requested record orinformationwill notbe used for J;lUrposes ofa mailing ortelephone listprohibitedby section 9-348, Idaho Code, oras otherwiseprovidedbylaw, and except as required for purposes ofp;rotecting personal informationfrom disclosure underchapter 2, title 49, Idaho Code, and federal law. The person may be required 

### to make a written 're'quest and provide their name, a mailing address and telephone number.9-338 EVIDENCE 

### 146

, (5) The custodian shall not review" examine or scrutinize any copy, photograph 

## Or memoranda in the possession ofany such person and shall extend to the person, all reasonable comfort and facility for the full exercise ofthe**righ~** 

### granted under this act. 1 

### (6) Nothing herein contained shallprevent thecustOOilll1'frommaintain**in~** 

### such vigilance as is required,to prevent,alteration ofany public,record while**itisbeing"ex~d.** 

### " "l "', ,) 1;-



### , (7) Examination ofpublicrecords'undertheauthorityofthissecti6nmust be conducted during regular' 'office or working hour'.s unless: the! custodian shall authorize'examinatl'on Of racoMe in, othar than regular office' or working houts, 

# 1Il this event, the persons**desi~atecl** 

### to, represent the custodian: during suchexlllIli:iiation shall 'be entitlSd'to,

### r"as~n!lDle**com~~n,** sation to be paid to them tiy the public dgeney or iIidepenJentpublic body corporatll,8jld politic havID.gctistody ofsuch records, out offunds provided in advance,by the**pe~son** 

### examining such records,**a~** 

### other than regular bfficeo,r w'\lrking houts. (S)(a),f..llublic ag"ney orindependentpublic body corporate aiJcipoHtic or pu,blic ojfici.u, may**establis~** 

### a copying fee schedule. The fee lIlay llot

,exqe"d:,the, ,!lctual costto the agency

### ofcopying,the record,if8jlother: fell is not,

### otli~1'WiBe 'provided by;

### la~ ••The actual. cost shall not include any

### adniini~trativeor laborcosts'resulting from,locating and

### PrQvidin'~a:copy ofthe public" record; proyided,however, that a puoliqagelj.cY,orincIe:pelj.' dentpublic body corporate andpoliticor,public officialmsy establish'sfee toi'recover', the actual labot cost' associated! with, lbcatirlg'/lnd copying documents if: ,1**',(~** ) .• ;,**"~"** kl**,c~,** I,>, ,I. '-it',j ,')'J'
'I. 

### (i)**~er,,,q~esf** 

### if!. for mor",**~hlllly.'·>n'icfhun%ecl** 

### qpO)P\l:g"s of,paper

n. i

### ~~po~d~;,or", ";,c:,' _-.,,_,,_, i'l ,i,,-) "f,;,' L'''r':l.iU>'-' 'j} 'd',"1 (il) 

### f1:1erequest ,include" recOJ;cls, fr0111**which'1l0,npu1Jli~cinfor,m!l~~1Il** 

### ID;\lst**'~e** 

### deleteq;jor,;,**_'~ L~'**  j' '-"'j -:}' i: -;:-! 'lid!Ci! (iii) 

### The actual labor associated with locating and copying documents for a requestexclll'ds tw,o (2) person hours. "'c"',

, (b) 

### Forproviding,aduplicate ofa,cQmputer**tape,cOInputl'~,disc)** 

### Jnj.crofilm

or siJWIar or, analogous record sY$tem containing 'public recordinformation; 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' sumofthe followingl' d L "" (i)'

### The,agllncy's direct cost ofcopying the information in tliat,form;" (il)· 

### The standard cost, ifany, for selling the same information,in 

### the form ofa publication; '(iii) 

### The agency's**~ost** 

### ofconversion, orthe**~Ilst** 

### ofconversionchargedby

" Ii 

### third party, ifthe existing electronic'record' is converted til another

electronic form.

- ! ,)i

, " 

### Tha custodiati may require advllnce payment ofthe cost ot'copying. Any moneyreceivedby the public agencyormdeperideIitpublic**bodY'corpclra~** 

### lUld politic shallbecredlted to tlfe accoUIl.t.for**wliic~** 

### ,the expense beUig

### reimburs~d was 

### 6r 'will becha\:ged, and such funds may

## be expeIided

## by the agency as part ofits apprbpHation from that fund. ii "L"

, . • . , I

### 147 PUBLIC WRITINGS 

### 9-339

(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 ,. (ii) 

### That the public's interest or the public's understanding of the operations or activities ofgovernment orits records would sufferby the
assessment or collection ofany·fee;

. '.

. (9) ApUblic agency or.independent·publiilbody corporate andpolitic shall
not prevent the'ex!lmination or Cilpying'ofa public·record by contracting with a nongovernmental body to perfon:b. any ofits duties or functions. ' (10) Nothing contained herein shall prevent !I 

### public agency or independentpublicbodycorporate ani! politicfrom'disclosmgstatisticalinfon:b.ation thatis desCriptive'ofan identifiableperson 

## orpersons,unIess prohibitedby law. ' " (11) Nothing contained herein shall prevent a public agency or in'dependent publio body corporate and 'politiC' 'from'providing a copy of a public' record in electronic form ifthe record is available in electronic form and if the person speci'ttcally reqUests 

# an electronic copy. A request for a public record anddeliveryofthepublic'recordmaybe conductedbyelectronicniail. [I.C., § 

### 9-338, asadded'by 1990;ch.213; 

### §i'I, p. 480; am. 1997, ch. 80, § 

### I, p. 165; am. 1997, ch. 152, '§l·l, p;432; am. 2000, ch. 342, § 

### 2, p. 1146; am.**20~6,** 

### ch.-**103~** § 

### 1, p. 

### 284J ,," I

"

Comp¥er's Notes.,The 2006 amendment, by 

### ch:, 103;**jnJ~9-bsection** (4), insex:t;ed "an,dn except as reqwred for purposes ofprotecting personal information froni disclosure\Under chapter· 2"title 49, Idaho Co-de;. and. federal law" and deleted ,"a:ud ;e?,cept asre,quired for, ptirposes ofprotecting'personal informati()n from**diBcl()8ure~** underl ehapter 2. title 49, ' Idaho COde, and federal laW" at

### the end ofthe last sentence; added subsection (8Xb)(iii);in subsection (10), deleted "not" preeedlng "descriptive" and inserted "unless prohibited by law"; and added**silbseetion(l1)~'** .

Section 3 ofS.L: 2006, eb. 103 deell'red' an emergency. Approved March 22, 2006.

Cited in: Hayden Lake Fire Prot. Dist. v. Alcorn, 141 Idaho 3BB,.111P.3d 73 (2005).

Custodian. ," Nutrition management plans. Custodilm. Jdenti¥.catiQn Qfa custodian**h~** no bearing

on whether documents' are exempt frQm disclosure;"therefore,it 

### was irrelevant whether ,theIdaho state deplU'tmentofagriculture was

,the custodian ofnq.tritiQn management,plana

or not in the 'determination Qfwhether or not they·were exempt

### from disclQsure to a conservation league. Idaho Conservation League, Il)e.v. Idah01StateD.ep't ofAgrie.,

- Idaho-, 146 P,3d' 63" (2006):

.. NutritionManaBement Plans. ar ,

'l\vo,nuP;iti.onmanagement plans (NMP) of certain feedlots were subject to disclosure because they were public records that were not,exempt; however, two other NMPs that

h were 

### fi-iea via a state computer system were

not' subject:;toi disclosW"e becatiBe, they" were**~xempt"** IdahO**~Cot;ll,lerva~on** League, Inc., v. Idalio State De'p\ ofAgric.,

- Idaho-; 146 P.3d 632 (2ooB). '



### 9.339. Response to request for examination ofpublic records.

- 

### (1) Apublic 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) working days ofthe dateofJ the**re~eipt** 

### ofthe request for examination or copying. If it is determined by employees of the public agency orindependentpublicbodycorporate andpolitic that a longer·period oftime is needed to locate or retrieve the public records, the public agency

or independent public body corporate and**po~tic** 

### shall so notifY in writing

### 9·340B EVIDENCE 

### 148

Comi»iler'.**Ndte9'.The:'2006\~endrrieiit,** by eli. 103; 'aaded the 'laSt,twa !!entences in subsection (i),' '" I",r 

### the PeEson requesting 

### to examine or copy the records'and shall provide the public,records to the person'nolater 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 oriby.a third,party andthat such conversion**cannotb~** 

### completedwithin ten (10}workingdaYs, theagency shall so notify inwriting the personrequesting to examine orcopy the,records. The agency shall provide. the cqnverted pUblic,**r~cord** 

### at 1\ 

### time mJ,ltu!llly agEeed upon between the agencyandl;1le reqJ,lester, with dJ+e consideration given to any limitations that may exist due tq 

### the proqess ofconversion.or due to**th~'use** 

### of.a t4H;d party,to ml\1te Ithe,ponversion. " ',"' ,U '. 

### (2Ufthe publIc.age\lcy

## Or in,depelldent Pllblic bqdY'cqrporate and politic failatorespond,tlle**req,!,es.~** 

### shall,}?e fleemed to be4eIlied,:within, tenUO) working days following the request. 

### <:1)£the public. agep,qypr,,mdepenpentpublic !lody corporate and politic penies the PllrSon's request**~or** 

### examination,qr,copyin,g the pUlJlillrecords or penles in Ps.rt I\Pd gEants"in, Ps.rt thepersqn'sirequest fqr,llXaminatiop and copyin,gofthl'l p'!'blicrecorps,,j;he,perspp)egl\ll.Yrespollsiplefor administerr ingtftE>public agellcYjqr, in,depenq.entpUlJlic bqdY corporatE> iUllil politic or thlj.tperson's <l,es;gp.eeshall notify t4e perS\1n in"writin,g ,(jftilE> q.enial. or partial denial ofthe:request for the, Public.rllcard.; ",

, (4) 

### The notice ofdenial or partial denial shall statethat the.attorneyfor the public agency or independent public body corporate and politic has

. reviewed**t~e** 

### request ,or 

### shall state thatthepublicagency or indePendent publib body cory6rlj.te andp?litichas had ail, 

### opport¥ty to COnsult witl1' ail 

### attorney regardin,g

### the,.reqJ,l~stforexamina:tion'{jr"cqpyin,g**of~,** record and has chosen' not to do so" The'notice of denial or partial denial also shall ihdfcate' the**st~ttit(h1V~Utl1ority** 

### for the denial' Blld indicate clearly the

### person';,right,t~,appe.u:the,deniaJ,or p"lI;tillI deniiilAA<i

### t~{#nieperioC1s'for . doing-so

.. [LC., §**9:~39;a8** 

### ad.ded by 

### 1991il,ch,213, § 

### I, 

### p. 480; 

# lUll' 2000;'ch. 

### 342, § 

### 3,**p:1l46;am;:~QQ$,cl,'!·W:;l, §~"** **p.,~~4",l** ,'.' , "**,~** .' ".;;', ':cev' ,'.:C

, .,'!i'"

, ..,t; I:.... '

...1 Section 3 Of

### $.1. 2006,c)l, 103 declared an**emel'l!~ncy,** Approved March**2~,2006,** ".,

,';;;,J ''1;

; ,c !,**."'<~** ;t,:ll'-:

....'**~,.** . J H,')' e(l. I"**~·a4,OJ;l,** 

### ltecords, ex,!mpt:**~om** 

### disclosure'

- Law enforCement**r~cords,** 

### investigatory''records of agencies,evac\lation and emer· gencX,**resp0I!'~,il; 'i>11l~8.\vor~~'i·s**  

### compensation.

- The'**foll~~g** 

### records are exempt from disclosure: " (1) Investigatory records of a law enforcement agency, as defined in section9-337('7), Idaho Gade"under'the conditions setforth in sectioD.,9·335, IdallOCode. ' ," t' 'II' 

### ',(2) Juvenile records ofa person maintained pursuant

### to chapter, 5, title 20, Idaho Code" except that facts' contained in such.records 'shall be furnished,uponrequElstin a·mannerdeterminedby the courtto persons and governmental arid priwte ,agencies and institutions conducting pertinent resel\tch'srodies'or'having a legitimate interest.in the protection, welfare and treatment 

### ofthejuvenilewp,o is thirteen (13) years

### ,ofageoryounger. If

### 149 PUBLIC WRITINGS 

### 9-340B

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

### committed by an adult, the name, offense ofwhich the juvenile was petitioned or charged and disposition of the court shall be subjectto disclosureas providedin section 20-525, Idaho Code,Additionally, facts containedin anyrecords ofajuvenile maintainedunderchapter5, title 20, Idaho Code, shallbe furnisheduponrequest to any school-districtwhere thejuvenile'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 ofjuveniles, shall be exempt from public disclosure'pursUant to section 20-533A, Idaho Code.

(4)(a) ,The following records ofthe department ofcdrrectiom

, (i) 

### Records ofwhich the public interest in confidentiality"public safety,

security and habilitation clearly outweighs the public interest ill 

### disclosure as identified pursuant to,the authority'ofthe Idaho board of correction under section 20-212, Idaho,Code;

, I (ii) 

### Records that contain any identifYing information, or any informa> tion that would lead to the identification ofany victims or witnesses;' (iii) 

### Records that reflect future transportation or movement of It 

### prisoner; 1'; '.j' j 

### (iv) Records gathered during the course ofthe presentence investiga" tion; \, "}I f', :

.. 

### (v) Records ofaprisoner, as definedin section9-337(10), Idaho Code, or probationer'shall not be disclosed to any 

### other prisoner or probationer.

I 

### (b) Records ofbuildings, facilities, infrastructures and systems heldby or in the custody of any public agency only whellthe disclosure, of such information would jeopardize the safetyofpersollSlor 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,**v~ntilation,** 

### air 

### conditiolling and telecommunication systems"

, , (c) Records Of

### the commission ofpardons andpar<Yle shallbe exemptfrom public disclosure pursuant to section 20-213A, Idaho Code, and section 20-223, Idaho Code. Record

.. exempt from disclosure shall also include those containing the names, addresses and,written statements of victims. (5) Voting recdrds ofthe sexual offender classification board.IIll accordance with section 18-8315, Idaho Code, the written record of'the vote to classify an offerider as a violent sexual predator by each board member in each case reviewed by that board member shall be exempt from disclosure
to the,public and shallbe.made available upon request only to the governor, the chairman ofthe senatejudiciary andrules committee, andthe chairman ofthe house ohepresentatives.judiciary, rules and administration committee;for all 

### lawful purposes. (6) Records ofthe sheriff or Idaho state police received or maintained pursuant to section 18-3302, Idaho, Code, relating to an applicant or licensee. (7) Records ofinvestigations prepared by the department ofhealth and welfare pursuanttoits statutoryresponsibilities dealingwith the protection

### 9-340B EVIDENCE': 

### '150

ofchildren; the'lrehabilitation ofyoutll; adoptions and: the commitIllflnt of mentally 

### ill persoIls. " ' " (8)

..Records including, but not limited.to,dilvestigative reports, resulting frominvestigations conductedinto,complaintsofdiscrimination'made tothe Idahl> human rights .commission unless the· 'public. interest! in allowing inspectioll' and,copying,ofsuch records o'utweigha the legitimate public or privateinterestinmaintainingconfidentialityof

### suchrecords.Aperson;may inspectand:copy documentlJfrom aninvestigative'file to whichhe or she is 'amamed.party·, if 

### such' l1ocuments· 'lU1e not otherwise prohibited. from disclosuro>b;}' federal law**o~·** 

### regulationlor sUitelaw

...The, confidentiality;of this;subsection'will rt6 

### longer apply to anYlrecclrd ·used.in. any judicial proceeding brought:byronamedparty tcl:the. complaint· or investigation, or by the, Ids,ho/.huinart-righta,**commissioil~.** 

### relatingJcto .thE!' c.omplaint of discriminatiorldtJp Jdi**,~/,';"i,i(n** f·, lo';

, ')\:d ,; I,F·rJj',,'j( 

### (9)"RecordacontainPigriD.formation obtainedbythe'iIIlJmageriOftheIdaho state insurance fund pursuant to chapter 9;.title 72, Idaho,Code, from or on behalfof

### emploY1lrs or**emploJi~es.** 

### c.ontainedinunderwriting andclaims for benefits files. h'**H>;;L'ji-!(;~:J'; J~I**  

### t,:,;!: ,;(,'/j j;,:U



### "'€W) !1'he·workerls compensatipnrrecordstoftheIdah(J'industrial commission provided that the indu.strial commission shall make such .records available="li. '»':":lTJ ;,-0<1' (jl;J ! oij \ t ,; 

### : (a) To the parties' in any worker's compensation claim and to the "industrialispecial'indemnity·fund of'the state ofIdahd;Olli" "i ';'

### (b)Toemploye~s 

### and prosPective**~ployers** 

### subjectto·the provisions of

!'**thaAmeric~sviitb** 

### disabilities aet,42i U.sce:12112;.0l'L.other statutory

:lli:riitations,iwho certify thakthe·infQmlation is being}-requested with (reSpect to; a:workenlto·whom' the employer',has' eXtended,.an offer of

employme:nt and. will!oo:used·in. accordance with. tlje.provisions'ofthe

?' 

### Americans with 

### .disabilities. actl' 42 !U.s.C.: 12112;•.pr. other' statutory Llimitatioris;**or,~r<1** (/01 1 n 

### iii'**:~~L',** 

### ;,,(c),,To,employers.aod prospective employers,Ilot subject tb,the'provisions oftheAmericans with disabilities act, 42 U.S;C;12112, orotherstatutory limitations, provided·theemployer'presents a written authofizatiohfrom the person towbom'theirecbrds pei:tain;.or: JV 

### (dhTo.others"who demonstratel.j;bat the public interestLin 

### alloWing inspection and: copyingJof 

### such records' outweighs. th(l publico, or'private ." interest<in

### mirintitiniftg the,confidentiality

### Ofsuch,records,'aljodetei:miiled ,d 

### by a civil'.courtoficompetentjurisdiction; or" I 

### i il',', :;: 

### (ehAlthougha claimantls records:maintained by theindustrial,commis- ': 'sion,.iilcludfug;medical·andrehabilitatiolLrecords, ·are·otherwise exempt

from publicdisclosure;;thequoting or discussing.6fmlldical orirehabilita.-

.r. 

### tion records.containedllin theiindustrial co1l'\IIliBsion's'records duringia .' hearing.for. comperisa1iionor,in a writtendecisionissuedbjl.the industriRl commission shallbepermitted; providedfurther,.thetJ;11eidenti!ficatlan of 

### the parties shall,not 00'exempt from public disclosiJ.re ,in, 

### any written

,decisionissued andxeleasedtocthepublic by:the industrial commission. (11) Records ot: investigations compiled by the commission on aging involmngvl11nerable:.adults;: as, defined in section'18,1505, Idaho Code, alleged to beabused;ileg1ectedonexploited;,.,·

.. "ii, "1

### 151 PUBLIC WRITINGS 

### 9'340C

(12) Criminal history records l\Ild fingeI'prints, as defined by section 67-3001, Idaho Code, and compiled by'the Idaho state police.Such records shallbe released only in 

### accordance with chap,ter 30, title 67i 

### Idaho Code. 03) 

### Recordllfurnished,or obtained pursuant'to section 41·1019, Idaho Code, regarding termination, of a:riappointment, employment",contract or other insurance,businessrel,\tionship,betweenan:in,surer'l\Ild a producer. (14) Records ofa 

### prisoner or former prisoner inithecustody ofany state

or local correctional facility, whello the 'request,is;**l\l~e** 

### by,another prisoner in, 

### 'tbecus,tody,qfl\Ilyst';'te or 10caJ;,coq!!ctional f!lcilitye ,,}, ,,[!',,' j 'I,.,

, 

### h(151,Ji]JCcept ias ,prov,ided 

### in l\ectioni,72-!oo,7, Jd@oc,CQde, recQrds 'llfthe Ida\1q industnill,l commission r.'llating;,j;q,<;pmpen.\lation,:for crjmeyictijDs UJldlll',chllp.teriO,titlema, If!a4o,Qode

# "J"'H oj!!, 'l, 'diC.. 

# ":,"Je'

'0 

### (H») I{ecordsor.iI)t:onp.atipn ideD,tifying licqmplaim,p.tzp.$t@ted'bytl;te d!!p!irtllleD,t**o~** 

### hl'alth !i)1dwelfare,P"rrsuant,tosilctiqP.**39-,~51j6,** 

### Jdahq «ode;, relating 

## tq certified family homes, unless the.Wmpl$ant cOnsep.ts, in

### wnitip.gjtoj~ed,i§clos'H=e Or 

## tpe.**~sc'o",m:e** of,thecPffiIl'¥iI!i)1t;""i4entity is requ,¥,'ed in!i)1Y lj9min,isE'atjye qr**jU,4icjaJ;rllrOce~dip.SCj[I!C" §!~;3~OB,.**  

# ,as a4q"f!,,!>Y**~9~~,.~, 3a~,~q"**  p.

### rt~i**i!ll1,\~~~,fffi, ,24~,** **~"q"p'" 6?8;,llffi.19~\l,.** **cp.·i,?2~,j** 

### ),p!,

## 7fll';,**affi,,~qqo,** 

### c!l:**~J ~:~(~,**  

### III**~~o;** 

### "mo.**20Qq"cP.h?~2,§f,~·'** 

### 114p; 

## i!ll1! 2000, 

# q, 367, 

# p,**Pl,;L~,16;,aIi"r,,~pqP!,ffi.,49~H~i**

### 1,9"p,

# J,450; 

# a.W·**200~,cll·.4!l"** 

### §',1'**Pr,!l§;ffi,l)-!2q9,~'cq! ~§p,**  

### §},p,.606; ilW"ftpO;I" cfl,,jl9p, ,§

..

## 4>
p.**~jl~;ani! 200~'jch·** **p~,** 

## ,§,1,**p'~32i \Ulll~902"**  

### ch,

.

## .136

## tV"p" 37,ti/ffi'

# ,~p~~~;~.~~~~~:**'Hpq·e;'~~Ii;l~ot,;;;t~l.f;. ,::t;Pt.m§;.'ll"',(ffOg~':,r:r,2~:** 

I

### "'C&tnpil~8; 

### 'fN6tesiU

# TliJ,r i.

### ~~ctioi:L**'~a~tt** 

### :"**ftlrii~te:'du.rili{Ji.im1Hal1Jr6c~~dfug' ~~bdJ~if.**  amended bytwo 2006 acta which appear to be theinvasion;orpriva\Jy<tI8iliistrailedi**~ca.use** compatible and have been compiledtogetllen**'~i~(l};~he:public:defen4eI'** andtP.eip

.. p:ftJ,te;were**",]>,~,,2PO.6!!n:ll~n~p:t,,** 

## hr .cil,**,211~, )~,!dedH** **,entitledl~qtl'e .1II\"ed~ct~d**  f0"'lsi!' :orqer to subsection (16).

...**"c"",.~,** .,:1.,', .• "**auth,~nticflte ~em**  and (leiend,ag8lD.st any

The 2006 amendment" by 'cb'.' 352"**BUbsti~t)([re8titution"claimi~2)-;the'informtitionivaa** an tntelji"sectiof19>387(7)1 for(sectiOn!**!!~~87(6P** .inveetigato!1Y, !"IiWdL'!!1<!' 4ertl!in,defendants in subsection (1) and/section**9,~87(10):'** fqr"

.. )V"re**l,,'};enf?r,em~nt, "gpncl~s,**  

# WI, these "section**,9~~37(9)",~** subs'actIon1**(4)(a)(v1~,t** ,. ,"**"reco~d~, 'wer~_exe~~t**  

## from publicdfsclosure,

.> t\)**'>~l;** (I 1)/;:;:; ,;'1'$ ,';;" ("**q;,,~j.l L,,~>,**  and (4)Tiione'bfthe' !ftat8defJ'n:danta.publicly**Ex~pt,RepQ~.tj: l~;**  , ;'1" t,I,; ,,) dwd T .;,**diBcldB,4priv~te,inforIJ¥lti9:p;..N."&tio1;l[vj** SU,i.te,

WAere 'O!'IllS contsiningcorrections .officers'. 7"**Idah~** -,- ---,P.3d,-,-,**~007XiIa.** 

### LEPa'l 88**petB;OIia{inrormation~** were

### l**Cfiscld8e~:1'** 

### tb an'; '(Mar.'29'/Z007);J ' ;";;"';**Ll)~'** .<",1.1,:

- '. ;l ht..lU 1,1 

### '9.3400;" 

### Rt\cords elulfupt 

## 'from disCl<Jahre";;;"pi!,rsorln,eFrefcords, personalinformation, healthrecords, prOfessionaldilicipliDe. L.. 

### The f?llowinFecords are e:eemptfrom disclosUre:

. ")((01"< ILl I

### '(1~ 

# Except as provided' in

# 'this"**sub~ection,'** 

### al'l'persorinilT**I,recd~d~** Of 

### a currentorformer public official otherthan the public official's public serVice

or employment history, Classifieatidti,' pay grade'and step, longeVitY, gross salary and salaryhistory, st!ltl:t!f",workplace'and.employing agency. All other personneHnfol'll1ation,reIating to 

### a pnblihemployee or applicantmCluding, blit not limited·to, information regarding seKi racei,inarital'status, birth date, hOine'address andtelephone number, applications\ testing and'scoring materials, grievances, correspondence and performance evaluations, shall
not J>e disClosed to thepublic without the'employee's or applicant's Written
consent. Namee:ofapplicants to Classifiedormeritsystem.positions shannot

### 9·340C EVIDENCE 

### 152

be disclosedto thepublicwithoutthe applicant'swritten consent. Disclosure ofnames as part ofa background,checkis permitted. Names ofthe five (5) final applicants to all otherpositions shallbe availableto thepublic. If

### such group is less thanfive (5) finalists, then the entire list ofapplicants'shallbe 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 ahd other financial and nonfinancial membership records; active and inactive merllber financial arid membership records 'and mortgage portfolio loan docUlnents maintained 

## bY the public

,emplOYee retirement system. Financial statements'prepared**byretir~Iiient** 

### system staff, funding'agents and'custodians co

# l1cerning the invest'l1eritof',ilssets of the public employe;" retire'l1ent:system'ofIdaho ar,e nolicomlidereffllonfic 

### dential underthis cRapter.'; " " "

, ' " jj' .,'



### (3), Information and

### re~orQs, submitt<id 

### to the Idaho'stil.te lotter?' for the performance of'bAckgrolIndinvestigations ofemployees; lottery retirilets and; major'**proc'u~eriient 'contrabt~rs;**  

### audit·, recotdS of-lottery retailers, vendors and

### 'I1ajorpr~curE;,n~ritcontractorssl1limitted to

### 'or~perforin~~ by the Idaho

### ~tatelotte&;**vWid~ti~,n** and

### 's~cilriry' tests oftr\e,state Idrferifor lottery

### game~; "i1'Usiness records a1fet.iPfo;'n:ulrioii subniitte,d pursjiailt'to**se~tioIls67"'1412($)'anci** 

### (9) "Ild,67·7421(8) and**(9j,Idah~'** 

### Code;and'i3'tlch do'cuments' and information obtaipf'd"a:b.d held. for**thn~urpose~** 

### oflottery security and investigative action 

## I1s determined by 10ttery tilles''Unless the publicinte,rest in <iisclosure,sup,stlmtially**~ll~~eig:p.s, the.I?';ivat~.,p.!r!'~,**  

### for protection from,puplicdisclosure... "i " •• , ",

.. 

### (4) Records' of,a persanal"nature as follows:! "'.",, •.

, (a)

### Reco~dsofpersoIl~**<l~Rtfi~ed** 

### with a pilblic ageney or**~p.ep\j\},de~t**



### public hody coworateand politic pursuant,to l",w;

,

.(b) Personal**bankrrec~rds'** 

### compiledby a pUblic depositor for thepurpose ofpublicfunds'**ttliIl~~ctions** 

### conducted pursuaht'td law; ".'

### (c),)~ecordsof**oWh~rshipoffinancial** obiigatio';s'and 'mstruments of'a public agency or independlmtpublicbody c0l'p0rate and politic, such !is bonds, compiled by the public agency or independent public body corPorate and politic pursuant to law; '.,

., ",' (d),Re,cor<;ls, »titll,regard}o t:p.e ,o'iVn!3rship**Hf,orsecuritYlinteres~s"in,** 

### registered**Plll>lic'HWgll~ioJls;'i** 

### ", ," d ,! .li' 

### 'ill I. H. 

### (e) Vital statistics records; and

, " " ,i' ,,'j" : 

## ,,,,,,,,'i, CO Militaryre,cords as ;descripedin and**purs~ant** 

### to**~ection** 

### 65-3,01,**~qaho** 

### Code.''ir' t;" ";; l' \ 

### (5) Information 

## 111 an income or.pther**t~,return mel\~wed,**  

### by;**item~** 

### of income or sales,**~hich** 

### is gathered, by a puplic agency,for,¢e purpos!\,of administering ¢e. tax, except,suchinfprmation to the. exteJ;lt dieclose,d in a written decieionofthe tl;lx 

### commission pursuant to,ataxpayer protest of.a deficiency determination by, the tl;lx 

### commission, under the,.provisions of section 6S·3045B, Idaho Code. " "'"

, " (6) Records of a personal natwe related directly ,or indirectly to the ' application for and provision of statutory, services rendered .to persons

### 153 PUBlJIeWRlTINGS



### applying for, public care, for the':elderly, indigent;ror,·.mentally Dr

### 'physicallY, handicapped, ,orparticipationin

### 'an,environniental0" a ,PUblicih'lalth.studY, provided.the provisions 'of.this,subsectioni**m~ll'** 

### recordsoexempt frow discloBUTe shall not'apply.toahe, extent' that .sullhlrecordg·**o"informa~on** 

### cOntained in·,those records, are,m!cesslJl'YlJor;a';backgroundimllcll on[an

### indi~dual that is required by

### federallawr~gulatmg :tliel'sale,Qfifirellrplll" 

### guns;cor ammUJiitionhij;'fI 'TO,j';j[Jf f.;;l1rc,}; nui:trJCfI;JrJi**rr:f;D~,Et"[** ,flJ)



### .• '(7),lEmploYm.eDt secumtyinfurmation and unem.ploYment in.sUDanca'ben,; elit information',• except that 

### all interested parties may agree tmwaiveitlm**exemption.unle!ls',access·tQ.th6!iliformation~IlYithelparties.,.islrestrictiilllby** 

### subsection (3)(a), (3)(b) or (3)(d) ofsection**9-342"Idahd,CddiLNotMtlistand~** 

### mg:th'nll:ovisions,of)**sectionl~a42i** 

### IdahQ.·Godepli;;persOril<maymotlreView identifying,,informatiOn, cinl:oerhirig

# 'lin,linformantnwhou**x~portednto[rthe,** 

### department oflabnr a suspected violation by the persorl,01!''thll,emplnymenb security.l.laW.,,clu!pterif'J.3;"title, 112'/ddahol'Qode,ilpb.de1:J**am~mlmce.** 

### Jof cohfidehtiality.':A:!j,useddn,this,sectiiln,**i~eIt1P'101ymeD:tJsli~llY.informationl'r** 

### means anyirifomu:atiorldescriptivlilof.en:.identifiable persohl.o:iopers01'll!lthall isreceiveli bY,Ixeeorded tbY,lprepaied,by,nfurMshedcoo ol:i'rollecteclihYf'tlm; departDl.ent, of

### lahor**o1\;the!~chmtr;i'al** 

### coriimissinh,inlthl!sadnlhuatrilti.orilDD theiempllly:q:lepL 

### setnnrlty' law.'**\;~** [LaiJitla.)f)'tfS;;rlf9,tYJ;i<l':)'1',tjltfUS.'H'hifer', [U1(,:)':f 

### .'. (8),.Any,ipersonal"re\'Ords'lcothetJ than'IIlames';JJbttBfuesID**'adi4'~sse~"ahdi** 

### business,jpPim!it**n~hersi,suchJ** 

### liB"paJientagif,**tooepteligibti;]lie~'height"** 

### weight, taxidentiftcationiand social'security liti:nibers,y:tm.aricialiworth<:'or. medicalicorldition.\lubrpittedjtoi any,ipublicfagenCYC<m;i'ndependen£, pUblic bogyrofporate and.politic,Purs'uantto1aistaliutnryrequiifementf6nlic_ing,**~ca£ion"permit10r,b6nding;)J"f([fIl'3i",ib**,m,rif:,rnTGlr,1 

### (9) Unless otherwistl.provided by .agenCJ1YIiule, .iDIl'onhlLtiomobtained'as p;mtl,d£1lJildhqtri.rylihtot8;,peJ1soms£filmessioo,ba'granted,bl'Jrefuill:,aflicenae, certificate;, permit;: privilege, coriimission or po.sition, private\'AsaO'ciatiOni peerl'avisw conirilitte'l\·!'ecofu:\silauthol!ized'in"til{J,ei54"'iklahOf;6ode, ·Any agencyWiliiclliha!lJrecordsiexempt·itonr,disclosure,linf,ier

..theprQyisioos;of 1lhis'BllQSectidiliiiliallifUUj,tiallyimllke,awiM.blea,statistical,smtlma,ry'ofthe**ntimben;lmdJtypeB.'llfm/ittersi'Conside~dilUld.th.emdiepositiDQ,H'(i;i,tdq."J**



### (10).Tb,e i

### recordsp,fifulings,Ndliterm¥tlitiQriBJ" andw decisiqQ,s 

### ,v«J[,!any prelitigationscreeningpanel**fQrmtld.un.derxl1aptets1.Qi8nd.2a~ ~'!i6/Idaho** **COd~;:fLfrift** )fdJ ';"\vnlq'Tiq\'r'};:[l'19}'·w H lO'::lxlq"y,H**lj~** i.

### ,(lil)·Gotrlplaib);s;receiyed,by,theboard ofTm.ediciireandinvestigations.and informal p;oceedings,.includinlJJinfiirmalprOl;eedings of'any:**oo~~_,of** 

### the.boarlFofr1me(ji<:ine\i,p'urs1.lantJ.to chapter

### ·18, title' 64,**'.I~Coo8l1** 

### and**ruJ.esadopte~:** 

### thenjmndeif;;}**~.lvi** ten:');",':, ';('-;-:,<)(

### h,**I;,:iJfrJ~):;<'; 0tLt<IO>'t~n,:\<** 



### . G12LReporda.ofrl'he department ofihealth and**~e'or** 

### apublic health distric1l:,tha17identifY'a person,infected wi$;/i,rilpdrtable!disease" >T" 

### i· Imq



### (13), Records 

### 6£.hospital:care;cmedicaltre'<!ordsi'including;prescriptions, drug.ordel"',xecorda,or any;otlierpnescriptioIDwonnati011lthat,**specifi~y** 

### identifies" an individualcpatient,'p'resCItiptio:n:.record!nlnaiiitainedJ bY' the board:**ofpharllla~y** 

### under..lle'Ctions·37-2112liand·**311~273DA,oIdahQlieoae,** 

### records; ofpaYehiatric,careor.treatmerllilandprofessiomrlicpunselingrecords relatinli(. to. an individualis. conditiDn" diallUnsis. careot'.treatmentrorovided

### 9-340C EVIDENCE. 

### 154

the provisions ofthis I

### subsection making records exempt from disclosure shall not apply to the extentthat suchrecords or information contained in those records. are necessary for a,background checkon anindividual thatis requiredbyfederal lawregulatingthe sale offirearms, guns Or

### ammunition. (14) Information collected pursuant to, the directory ofnew hires act, chapter 16,title 72, Idaho·Code. " (15) Personal information contained in motor vehicle and. driver records that is exempt from disqlosure under the provisions ofchapter 2, title 49, Idaho' Code. '" ". "(16)' Recordsiofthe,fip.ancialstatus ofprisonerspursuantto 

### subsection(2)· ofsection .20·607}·Idaho Code: '- i:' ,.'''**~l7-),** 

### Records oftheIdaho statepoliCe ordepartmentofcorrectionreceived or.maintaiiredpursuant,to section 19-5514, Idaho Code; relating to 

### DNA databases'andidatab81Iks; \i • '"
j. 

### (18) "Records ofthe departmentofhealth andwelfarerelatingto a survey; resurvey 

### Or complaint investigation ofa'liceneednursingdaciIityshall be exemptfrom;disclosure. Suchreci\rds shall,however, be subjecUo disclosure as:public records as soonas thefacility·in question has received the report, andno'late'rthanthe· fourteenth day followUigthe: date tb'at ilepartment of health and welfare representatives officially exit the: facility pursuant to federal.reguliltions.'Provided,however, that·forpUI'poses. ofconfidentiality, nb'record··shall.li'e released underthis sectionJwhich specifically identifies an.ynursingfacility resident. " i' • i; ,il" i! i ,i 

### (19): Records andinformation containedin'theregistry ofirilmuuizations against,childhood diseases maintained. in 

### the:department ofhealth and welfare, including information disseminated.to'

### others·from the,registry by. thedepartfuent.ofIiealth andiwelfare. ,,>,.; ii"



### .,(20)-,Recordso!the Idahohoilsingandfinance association{JHFA)relating to,the**fonowing:;"jl~!** ii'':;C. I ,I \ (a) 

### Recards. containing personal financial, family; health or similar per·- sonal informationfsubmitted to or otherwise obtained·by thti.IHFA;J'

, ,(b). 

### Records.submitted to or. otherwise obtained by 

### the:JHFAWith'regard!

to obtaining and servicing mortgage IOl!l1s and all reoords relating to the

. review, approval 01'

### rejection bythe IHFAofsaidloans;'.!' l ','



### (c) Mbrl!lllge portfolio loan dom1nente;

. ! , (d) Records of a current or former' employee other than the employee's' ·duration ofemployment'With.the association, positionheldanp;locationof 'Jemployment. This exemption from disclosure does not include the con·

tracts ofemployment or any remuneration, including reimbursement of expenses, ofthe executive director, executive officers or cominissioners of theassociatiomAll**o~r** 

### personnelinformationrelating'to an. association employeaorapplicantincluding,butnot·limitedto, 

### informationregarding
sex, race,marital status, birthdate, home address andtelephone 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 autl;lOrized.representativemay inspect and copy that employee's personnel records, except for matelJial used to 

### screen and

### 155 PUBLIC WRITINGS



### test**foremplo~ent** 

### ormaterialnot subjectto 

### disclosure else}Vhereinthe Idaho publlcrecords act , '

, .' ,,;, " '**(2~)** 

### Rec()rds of**th~ dep~ment**  

### of health and welfare related to 

### child support services in;cases in whichthere is reas()nal)le evidence of**~01ne~iic**

### vi0lenc~;~~ defiJ1edin ch'apter 63, title 39, Id8ho Code, that,cap.

### be)u~ed 

### to**l~cat~ ~indi0duar~,m**  the child

### ~p.pport caseeXceptin

### response'to'Rc()Urj; order. '< eli': I)', .'1>". ,Jl,**~,h"** _ ('
; '1 ,:**~;'** 

### '(22)',Recdrds of 

### theIdaho statebarlawyer's;assistance,programpUl1suant

### tQ'~ruiPter**J9,;tit1eq~, IQahoqo~~;** **unIe~s,~' pa;tiCipan~in,th~~rogJ(~**  authorizes the release pursuant to,subsectiilJ;i,(4).ofIlection ,i5::!:,.f9QJi;:I<!liliO. Code/J(""**,j~'TJ! "t<-~** **d);UJ~~** ';",1**h~'i/'~'**



### '(:l3Y RecotdS' aIid,mfqrmil:fton (itintain"dint):le tJ;/iumaregiStryCl'eated

# lly chapter 20, title 57,'Idaho Code,U;gether

### With'any'rep~rts,' an.luyses ari.d**~()p1.\li1~ti°lY',Qr,,~dlfromsH~h'Wqun4~iOR** 

### "'l:!R,t,ecgrWh "' H ,'Htl,lH

### ,(~4)**.Re~()tJ!~ ~l,lt;ained,m** ***,,~gw;t** 

# fi!ell,Or,I',t.):lerf"cf!rd

# s**I!reP8Fl'd,~** pl!ri; 

### ofproceedingsforjudicial**autho~zliti.9Jl:.9f s~tion-**  

### prpcel!1'!"esp/lrilU!l!ltto,chapter,i!!l1 title**i!9,Id~0** 

### c()de",,,,

. "";"/!' 

### (211)",'):'j1e,,phYsical,Ybter, :registr!lti()n,C!lrl!" on,file!ni,t!j.el,co1lllty,clerk:a, offl-ce;"howeYeri" a ',xedaete\l,rcopy ofsaidcarQ, shall"be made,)availaPll\- consistent,Withthe,rllq'l:\irements ot;this;section."Information from the,voter' registration, card,maip.tained,in 

### the stateWide',;voteIiregistrationi,c;Iatabase,l including age, iWill·be made available exCept fon.the voter's driv,er'sliceilse' number/date,ofobirj;h,and" upon, showing,oLgaod;cause ,bythewoterito<the county**cl~rk** 

### in! eonsu1tation'With,**th~,** 

### countyvprosecut;n.g,attornlly",the physieal:tesidence address ofthe-voter.'For'the'purposesioHhissubsection goodcause shallincludetheprotection oflife andproperty andiprotection of victims, ofdomestic'violenceahd simi1arrcrlmeS"j'f '" '! 

### ,i<.f (26) File numbers, passwords and information in the files of.thehealth caPe'directiVe'teg;stry maintained bY. the!sectet!u-yof'Bfate>1inder'llectiori;. 394515\'Idaho"Code,i areconfidential'!ufd; shidl! not/Tbe disclbsed' to' 

### ahY' pei-sort'other than: to'the'petsoB'who'executelilthil"health care direCtive'ot' ther'evoeatioftthereoftan:d t1ihtpeison's It\galrepresentativesl

## 'Wthe'person wlio"registered' 'the' health**car~!di:tective'** 

### itr:revocatiort therleor, 'and"to'**pllYsiCil1I1Ii;1iospita1S~IIl~dica1perBoimel;'niitsing** 

### h?rlles;and 6therperSon's who'have**'b~en:** 

### 'granted file'iuiinber" an:d'pl!lssword access to the'ddcumetlts'**Withil1th~t** 

### specificfile.[I.C.,**§9.~40C,as ~dded**  

### br 1999, ch.**3(),~,** 

### 4IP'.41; am:;1999"ch; 347;§ 2; p.926;

# am;**199.9,>cli;'39S;~** 

## 3, p. 1095; am; 20()(), 

### eli. 5S, §!J1, 

### p:122l'8:m. 2000, ch: 189,'§ 3,

## p. 465;**ant~OOO,ch.** 

### 194, §' 

### ,:l; p. 479; am.2000.,chc 293,§ 1, 

### p, 1011;

# am' 2000, cH.33llf, § '6,!!. 1112';am>2000;cll:. 342,§5;p; 

## 1146; am.'2()Op, ch. 469, § 2p; 

### p, 1450;'am:2002"cl't 329, 

### § 3, p.H2S;**am.2002;cb'.~63,** 

### § 2;#**1023;~.** 

### 2003,.ch::'16, § 1: p. 48; am. 2Q03, ch.'26,n, p. 95; 

# am. 2003, eh: 189, 

# n, p.511; 

## lim. 2004, fh. 163, §

### 1,~. 529; am. 2006,**c~.38,§** 

### 3,p.105;

# am' 20?6, ch.67, §**1,p.·1~9;** 

# am. 2006, cn: 175, §i; p. 535; 

## aili: 2006,ph. 352'; §3: p. 1071; 

## afu. 2007, ch. 360,'§' ).1, 

### 'p. i06i:] ,v

. !,' "f,:

.. ,

__ , ,,, '."

, 'J' ,', f" 

### '".

, ',;",! "i f' "\: j

, - Ii) Compller'sU N'6teS. This

- 1**'~eCtion** was amendedbyifour20tlil acts ",bich appearto be compatible artd h'ave been 'corapiled:together: Th",,20Q6 amendment, by ch. 

### as, addedthe

### 9-340D EVIDENCE ; 

### 156

language beginniug, "unle.s**a~** ..s to the in" emergency. App<o""d l'4."cIi 'l, 21\06. ' formation by the parties

..." in subsection Section 7 of$.L.**j~gQ61'** ch.**\~7' provide~**  "An (7)1.,

. . "

, .**,.~mergency** existing therefore, which emer-

, The 2006 amendment, 'by! ch. &7, added: geneyi. hereiij decl."ed to exist;**S~btion** 6 of subsect,iol\**(~6).,),** ,"" 'J;," • " this ,act,[§ 39-4515J shall be in fall force, llIld



### " The 2dO?**.~~ndn:entl** by

### ~tl.**17~rmse~d ~l;** **!3ffe.~t:on<~~ after.~ts** **I?~Bage** ,a;nd.

### appro;v'~ 37-2726' m**~utisect,on** (13),'

. ',IM."ch i5, 20d61.an,d Sections 1 through 5 o( ,Th.,200ll:a!Il.ndment"bY,ch,**352,~.,-ted** thiS' 

### act [§§ 9-3'46C;'1i9-45d9, '39'-4510;' S9.' the third, fourth and fifth .entonces m .ub- 4511 49-4513 d 39-4515] hall be in fulL section (1). ' , an 8

Section 5 of S.L. 2002:; chi 329 p<ovides:' (orce llIld;**~ff.cf;** qn,and**,~<** Jt¥y**1.,2~06_'l)he**

# ~~qr~tF~~~S.~d~#ecitb~d~~~~~~.

# '**.~~U:::?b~\l~;~im~ iM:~~l~~6~~~**  ."y'1;2008.'.However;§ 5'ofS.L. 2d02;ch;'; Januacy,1,2007, ",,) ,1,',' 

## ,oJ' 329 was repealed by S.L. 2007, ch. 242, § 1, The 2007 amendment, by ch. 360,**.~c** ..

## ~,'~r6nJtls~AJoOff,:**'~Jir 3~'** **de.~lai~d** iliJ1 ;

## ~eJhrtr~hi~tili:~ib~t~>'.**f.oHo~~! "deR~-**  ;)'!,L. i.;'}("·,',','T J';'«j'/)) "II'"**;;;>"~;,'i** ''-',) ':-1: 'J ' ,<Ii)**.,~L'**



### 9·340D.**,Reco~JsexeD1pt** 

### ,ffoht'**df~Closure** 

### ," Ttallesecret!l, 

## pnP diiClion rec'drds, apprllisals,**bi~s\** 

### proprietilry infornuition. '-,'The followingrecords'

## are exempt from disClosure:"'" ,"

. ," "'., j' (1) 

### Trade secrets including those contained

## in!**1"~sporise** 

### td public agencY' dt"'independent:publicbOciyucorpora.te

.arid politiC tequests,rfor'ptoj:lo'sal, requests,for chlrificationi requests for information 'arid 'sinrllllrrequestsy "TJiade"**secrets~"** 

### as 'used in this" sectiOrit means 'information; including '" formUla,

### .pattern;cinnpilation, program, computerprograml device; method, technique; procesa, or unpublished '01" 

### .in progress.research**that~** 

### • "

,u 

### (a) Derives independent economic value, actu8.1or' potential. from not ,being,generally,knownto;-:and'llot,being reacli1y ascertainable 

## by p,roper,

J' 

### meansiby othetJpersol1s,whocan6btaineconomic-valuefromits disclosure,

,or· uS,e; and)):n ' ":1': I! {Lj**'~'1** ':1"" r, 'L ;')'", i,·,.;".:,.' 'j**''-''~;** 

### (b) Is the subjectofefforts thatare reasonable underthe'circumstancesto rimaintain;its,s\\Crecy" DU;""'" " j ,,," 

### ",(Z).l?rod.llctio ll,records. ,housing prod.uction,rental andfinancmg-recOllds" sal!! or,**purc~e** 

### ,recPr.ds, elltch recQrds,,jllQrtl\lilge portfolioloan**docum~t!l;:** 

### or, siI!ill!l!',pusiness**.reJl~lrils·** 

### "Lapriyatll, c,Ol1Ce.rI+ or enterprise required by law; ,t(j,be sl111r¢tted t<r,or,inspecte!iby app.b!ic, agencY**~,sl111I!ritted,** 

### to .01' ot,herwise ,o,llyrined .I1:lL'lIlindepel1dentpulllic**~dy,** 

### corp(jrate 

## JiUl,!l'politi,c. N'othiI],g in ,thie sulJ!!lJ\\.ti(jn;sha;tllm,uqhe,uee which can b.p made OfSl1!'A ip,f0!m!itil)Jl for**regul~tp!'Y** 

### pUI'J?qsesIll".its!iclIJ;!,issrlJilityin

## anY <u,Uorcemenl; pfpceeqjng·C'" I**'-~U!!-,,;** ; "l,:h" y;'

, " "

.. I::.,,'**n~,:;/:** 

### (3)**"Raco~ds** 

### relating 

### to .the.appraisal ofreal property, timberor

.. mineral

### rig~t8 prior

### 19,i~**~~q~~tiOD.,** s;u.e

### or~eas~.by,a**p~blic.agencior.:h~:d!,pandent pu~lip.bodycorp'lra1fl1l?<:i**  

### politi<:.;. 

### ,':,! ! 'Ii 1,)'.' ," .'i ;. 

### (4) .Any!'stimawprepare<:iby a public!igency orindependentp\,blicbody corpQratiland politic'thatdetail,s t\'e cost ofa pulJliq Rfoject untilsup!J,time

as

### disclo~ed 0,1",bide are o:pen!,cl, qr uppn'award of the c?'rtractfor

### ~9nstruction**o~the** I(ublic;project, 

# 'i':"

.".' • f 

# "<' ,;, ,.**)'(~), ~Xanpnation,**  'operating or cqnditionr;eports l\I1;d all documents relating theretO, prepared byor supplied to any public agency or independe:p,t public body corporaw and politic responsible for the regulation or supervi· sion ,offinancial instituti9ns including" but n(jt,limited to,);l)lllks"savj.ngs and loan associations, regulated lenders, business and industrial develop•.15'7: PUBLIC'}WRITINGS



### mimt' corpOrations, credit imidns, "amHnsllrance j 

### COlIlpanies; or' fot 

### the regwation'or supervision"of 'the issuanceofsecuritiEfS'. 'v

, ',";'j"1 

### (6) Records gathered by a local agency' or ,the'Idaho1depa'rtment of,

, commerce,asdescribed'iri chapter 47,ititle 67
, Idaho'Code, for tl\.e!spedific purpdse ofiassrstinga'lle:rson:ito 'locate, fnamtairi, invest:lw)Ior expandi busin'ess ope:ratibns m!thestate ofIdaho, 2"'1;"'(0' 

### i'f',',,,, r;,_ 

### (7) Shippmg-and marketing recor1!s'ofcommbdity commissions usedtiY evaluatei'marketing,'ahdiadv-ertlsilig'''S1Ji'ateglesi,andvthe namesoand:ll'dMesses of,growers ana.sbipperS'mamtamediby 'comnrodlty'commissionSig,i (&)I,F1inanclaIi statementsandbusi!tess informati<lnandreports submitted< by

### is!lElgalentityiIt<!'a:<port district,dtganizediw:ider titlEl)170; Idaho,COde. m' conneCtiorowlthl1' busiriess agreeinent,:.o)):Withf

### a i dev,eloplnentepropDilal:ol' 

### with a financirig'aPplicatiob:forilll:1Y mdustriali'manufactuting/ oI'Jother business'actiiVity"Withini**a~ort** 

### district;,'" j' ,\I '-'/" 

### d JKi 

### r j (9) 

### ,Names and addresses oheed companies, seed'crop 'growers; seedcrop: cOllsigneiJst locations of seoo, crOp'fields;,iVarlety nltme,lI'tidiacreageiby variety. Upon the requestiof the owner of the proprietm-yHvarie1ly.ithis fufonfiatiofiishall,bereleasedtO'the,owD.Elr.**FrOvided'liow~ver;1** 

### thdtit'a seed
crop has'been identified as diseagedol"'has,been'6thel'Wias identiftoobyithe Idaho departriiemiotlagrleultUte}'other:staWldepartlments of'agrleuI£lir6;or thellJ):nitediStatesJdelllal'trlient"lfagrleUlt'lU!eita'repllesenta:thraat',ito,that pamculariseerllJ.orBeommercildrcropl:ill.du.wr; oritOgiridividllaljigrowers, informatioa iastcwteat<i

### 1l'esuJ1lll;**',loca1li(lrl;\~,** 

### acl'.eage'irivolveli" an«'diSllase: symptoinsoftl\.EJ.t'particular seoopcrop;tiforJt!ialirgl:lowmg',seaSonl sh'aIllle available;! forpublib, inspectilJlV!ande1!llPYinlfl J 

### 'Fhik "exemptionJshaIlrnot sllpersede;,tne:pro'lTimoI!9Jof'!lE!ctiotl';,22.i43EtrIdwui**,@ode~** J 1" '" ,I'



### "{laIl,Inforihatiorrrobtamed!**ft!om"bOl>~i't'ecordill1lhdi'aceotintlt** 

### 'reiItrlred 

### in chap£e1"i47, 

### ,#tM'22;ilda1llllGode,! toibll!!m.a'ifttamlldi<b'ythe>'ld\lh\l, oilseed' coinnlission'and'pertairiingrtlpthe iil4ividlialr

### ptbductiO'nrellordliof**bir~eed** 

# groweva(n 'd '2:U"'IL!' 

### 'fffH ;'TH**;ni",~Hid:rb/ c(l1~**  

### Records**ofany<,nS'k~etentibn,or se~aur-anile'ptogram**  

### prlifilil'ed;jn; anticipation of litigation or for,ra'nalysilt of'tlli':lIettlenientofpotehtbilrln< actual,monllyi.dlllrlageiclairiliiJagmstia'puJjlie 

## entity and'itll'emptoyees or against thll**iIidu:strialll:P'eeial'mdi!ihnity.'f\.mdex.as!btherwiSElidi\lcoVer~** 

### able under the Idaho or federal i'uleliofCivllprd@dure.'1'J1esecrebbrdlil'Sliall inch:ide,! bu\l:'arfli nOt!limitediitdi'

### QlaittuJ'eVlIluatlOns,iilvestigatory,'liecords, computerized reportS of 'losses,bcasll!cteserveslf)mternalpdOllUmei\:tS',and correspondencil relatingftheretO"Atthe,tlme9atiy claim''isconcludoo, 'oIlly**statisticaJ;;datiIJlmd>'aetu'aJ'amoUtlt~'p8idl.iri"** 

### SElttlementshalJ:'Iil\i'dtlemedi a public recordunless otherwise ordered tobe sealedby a cO\ll'tfofilompetent**juri~dictionl"Prbvidoo hOWeVe~rnothirit,mithiil"subsectionisintendedto**  

### llihit'tJ1Ei'attorney'clieulrprivilegeJOil 

### illttotiley wOrk ,Ilroduct:'Privilege! otherWise available to any publill' 'agerlcyhor'mdependent, public bodY. corporaterand'politiO.";",hi1'<CfJ1;;·;if',"}cnuvJrl <d**L;;j~;,;(,** ,**,."!lJ)'~<};!** (; I)



### (12) Records'ot?laooratOi'f-tIlBtiiresults'iprovided by**or~l'etained** 

### 'by>the Idlilio foqdi'qualitY,assuranceclaborafury.·N6thingin thillisub9ectio'D.i!i'li:iill limit**the~usewhich'(fah'bl!'mlilde,l)I"availabilitylof** 

### suchril'lformation,itllised9 fOl''1'egullltorYpllrposes>or itll admissibilityinany,/luforcemehtiproceedmg;,

### 9-340D EVIDENCE 

### 158

(13) Reports required to.·be ;filed under chapter 13,·title 62, Idaho 'Code. identifYing electrical or. natural or manufactured gas consumption data for

an indivi.dual customer or· account.,·

. "

....

0.4), Voluntarily prepared environmental audits,.and·.voluntary disclosures. of information· submitted on or'before Depember 31,. 1997,.,to. an environmental agency as defined in 

### section 9,803/Jdaho Code, which .are claimed to 

### be. confidential.business.information.

'(15). Computer prognams developed ,orpurchased,b)(orfor any public· agency or independent,puplicbody corporate and politic for.its own use, Ai; 

### usedin this subsection,.**~computer** 

### program:»means a sJlries:ofinsttuctions

or statements,which pencit the.functioning,df a computer systeI;ll' in 

### w manner.depignedto .provide stoI\!lge, retrieval and,manipulation. ofdata, from the computer system, and any associated, documentation and source material that explain how to operate' the computer •.program:. CompJitel1
program· does not·include,.., "7" " 

### (a): Tp.eoriginal,data including, but not limited to, numbJlrs, text,'1I'0ice, ,graphicsand.imllges;t< i· 1 

### "'i''' li ".'J' h 

### (b)}.nalysis, compilation and other, manipulated: forms of

# the; or;,ginal ,data produced byuseof.the program; 

### 01;"", ,!'J ""', "')0 

### (c) The mllthematical: or .statisticalformulaa.that·;would be .use.Ufthe manipulated formsofthecoriginal data were to,beproduce.d:·manually;. " (16) Active:investigative**r~.cords** 

### andtrademarkusage'audits ofthe Idaho potato, conunission specifl,cally relating to the

.enforcement ofchapter.12, title, 22, Idaho Code,,11ntil. the,,cOIlljU1encement'of! formal. proceedings

.as provided by rules of the commissionr, purchas'l' and· 'sales' information submittedto the Idaho potato!commissionduring,s,trademarkusage audit, and, investigati!m orenfQrcement",proceedingsl lnactive,.,investigatory records shall be,disclilsedunlesslthe disclOSUrewouldviolate the standards.
set forth itl'subsections· Gl)(a), through (f) 

### ofsection 9-335, Idaho Code. Nothing in this subsection shall limit the use which can be made;**O~.** 

### availl\bijity. of sqch. information: if used,. for regulatory, purposes or'its admissibility in**~.** 

### enforcement prpceeding" •., 't':').} ," 

### ';;0.7) Allrecords copied' or obtained by the director ofthe: department of agriculture. or his designee as .arl!sqltofan inspection pursuant to section**25~3806;** 

### Idaho,.Cod'e,except.:ul**'lntn;(f~)'_'U"** hi,'.') ;nr>!H'li ';. 

### (a) Records otherwisedeenmddo,be.:publi(hrecords ,not"exempt· from disclosure,pursuant to ,this chapter;.,and • ,,',. ,n, (b) 

### Inspection'reports, de.terminations of compliance or noncompliance, and·all other.records created by:.the directpror·his.liesignee pursuant to

, section 25-3806, Idaho Code. "'; .:.",**b,~** ",. -, 'L:V'- 'll.



### -(18) All data and information co)lected by·the. division of.animalindustries,or,thestatebrandboardpursuanttll,the.pJ;ovisions ofsection 25,207B, Idaho Code; or rules. promulgated thereunder. i.' '"

, 

### (19) Records disclosed to a county official by the s.tate tax.commission pursuant,to subsection (4)(c) ofsection,63,302\lB"IdahOi Code. (20) Records,dat!\; information and,materials collected, developed, generated: ascertained or disCQvered duringthe courselof:academicresearchat public institutions of higher-,education if 

### the disclosure of such could159 PUBLIC WRITINGS 9-340D

I 

### reasonably affectthe conductor outcome ofthe research, orthe ability ofthe public institution ofhigher education to patent or copyright the research or protect intellec.tual property. (21) 

### Records, data, information and materials collected orutilized during the course ofacademic research at public institutions ofhigher education provided by any person or entity other than the public institution ofhigher education or a public agency. (22) 

### The exemptions from disclosure providedin 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 shallbe subjectto public disclosure unless: (a) another exemption in this chapter applies; (b) such information was provided to the institution subject to a written agreement of confidentiality; or (c) public disclosure would pose a danger to persons or property. (23) 

### The exemptions from disclosureprovidedin subsections (20) 

### and (21) 

### ofthis section do not include basic information about a particnlar research project that is otherwise subject to public disclosure, such as the nature of the academic research, the name of the researcher, and the amount and

source ofthe funding provided for the project. (24) 

### Records of a county assessor containing information showing the income and expenses ofa taxpayer, which information was provided to the

assessor by the taxpayer to permit the assessor to determine the value of property ofthe taxpayer.

. (25) 

### Resnlts 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 ofanimal diseases ofindividual animals or herds, on samples submitted by veterinarians or animal

owners unless: (a) The laboratorytestresults indicate the presence ofa state orfederally reportable or regulated disease in animals; (b) The release ofthe test resnlts 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 ofagriculture orthe United States department ofagriculture. Nothing in this subsection shall limit the use which can be made, or availability of such information ifused, for regulatory purposes or its admissibility in any enforcement proceeding,or the duty of any person to report contagious or infectious diseases as required by state or federal law. [(26)](25) 

### Results oflaboratorytests conductedby the Idaho state department ofagriculture seedlaboratory on samples submittedby seedproducers

or seed companies. Nothing in this subsection shall limit the use which can be made, or availability ofsuch information pursuant to the provisions of subsections (9) 

### and (10) 

### ofsection 22-418, 

### Idaho Code. [(27)](25) 

### For policies that are owned by private persons, and not by a public agency of the state of Idaho, records of policies, 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

### 9-340G EVIDENCE 

### 160

purs'uant to chapter 12, title 41, Idaho Code. [I.C., § 9-340D, as added by 1999, ch. 30, §. 5, p, 41; 

### am. 2000, ch. 342, §, 6, p. 1146; 

### am. 2001, ch. 383, § 2, p. 134Q; 

### am. 2004, ch. 204, § 2, p. 621; 

### am. 2004, ch. 205, §'2, 

## p

..627;



### am. andredesig. 2005, 

### ch. 25, § 12, p. 82; 

### am. 2005, 

### ch. 58, § 1, p.213; 

### am. 2005, 

### ch. 276, § 1, 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.]



## "

,Compiler's Notes

.. This section was amended. by three 2005 acts which appear to be'compatible and have been 'compiled**to~** gether

... ;.

. ",

.. ,

The 2005 amendment, by ch. 25, § 12 redesignaled a seoond'subsection (18) a8(19). '

The 2005 amendment, by ch. 5!l, § 1 added subsection (24)..

. ,

The 2005 amendment, by ch: 276, § 1 added subsections (20) to (23).

The 2006· amendplent, by

,ch. 16.**rede8ig~ na~d**  thelast.llaragraph,**whic~** was added as
a second subsection (20) by S.L. 2005, ch. 58, § 1

.. subection (24)

..

Section 2 ¢' S.L., 2005, ch. 276 declared an' emergency. Approved April 5, 2005.

The section was amended by four 2007**a~** which appear to. be compatible an,d have been compiled together. '

- .

The 2007 amendment, 

### 'by ch. 60, substituted "oilseed" for "canola-and rapeseed" pre'-, ceding; "comission" and substituted.**"'oi~eed"** for "canolaorrapeseed" precding "grower,s" in subsection (10).

... i '.

The 2007 amendments, hyeha. 88, 205, and 206, each purported to add ".subsection(25)
to this**.~ection.,** 7'he pro':isiopa added by,S.L.

i 2007, cli. 206, § 1 were retained as subsection

.**'~25).** The provisions added by S.L. 2007, ch.**205~'** §, 1 have been temporarily redesignated,

.. subsection [(26)](25). The provis.'ons**add~d.'** by S.L. 2007, ch. 88, § 1 have been lempo: tarilY'redesigriated OS subsection [(27)](25)."



### 9·340G. c 

### Exemption from·

### disclosure

- Records ofcourt'proceedings regarding judicial 'authorization of abortion procedures for minors.

- In accordance with section 18-609A, Idaho'Code, 'the following records are exempt frOlli 

### public disclosure: all records contained 

### ih court fillls ofjudici!ll proceedings arising under section 18-609A, Idaho Code, are exempt'fromdisclosure. [I.C., § 9-340G, as addedby 2000, ch. '7, §'9, p. 10;


### am, 2007, ch. 193,§'2, p. 565.]' '.

. •

Compiler's'Notes. ,The 200,7 amendment, by ch. 193, rewrote the section, which**,for~** merly read: "In accordance 'With section**18~** 609A, Idaho Cckle, the folloWing recorda, are exempt, from public disclosure: records con

..: taiped in court filea.ofjudicial**procfi!~gs** regarCllngjudicial**autllOri~ation** ofa,minor's consent to 8;I1 abortion or the performance o( abortion procedures upon a minorwhO would

, otherwise havEl,**to,obtainconsen~ifor** the procedure from a parent or guardian, in addition to records o'f'any jJ.diciaI'proceediIigs 'filed under section 18-609A(3), Idaho Code."

Section 8 ofS.L. 2007, ch. 193 declared an**em~rgency.** Approve4,March 27, 2007: ,I,



### 9·343; ·Proceedings to enforcerightto examine orto receive a copy ofrecords

- Retention 'ofdisputed records.

Negligence.

Ylb.ereforms conta.i.nb1gcorrections officers' personal information were disclosed to an inmate'during criminal pr6ceeding discovery, therC! was no negligence per se, because the Idaho Public RecordsActwas crealedtaallow public access and was notintendedtoprevent harm caused by public disclosure ofprivate information. Nation v. State.

- Idaho _; .l.. P.3d -, 2007 Ida. LEXIS 83 (Mar. 29, 2007).



### 9·344. Order ofthe court

- Court costs and attorney fees.

Irrelevant Issue.

.

Because the Idaho state department ofagriculture focused on an irrelevant issue in appealing a

## d~termination tlJ,at it was, I:'e-' quired to disclose certain nutrition managementplans to a conservation league, attorney

### 161 INDISPENSABLE EVIDENCE'

- STATUTE OF FRAUDS 

### 9-505

fees were awarded on appeal; however, due to

an association's role as an intervenor, it was not awarded such fees. Idaho Conservation League, Inc. v. Idaho State Dep't ofAgric.,

- Idaho**~,** 146 P.3d 632 (2006).



### 9·345. Additional penalty.

Negligence.

Where forms containingcorrections officers' personal informatio'n were disclosed to an inmate during criminal proceeding discovery, there was no negligence per se, because the Collateral References. Construction and application of state freedom of information
act provisions concerning award ofattorney's fees and other litigation costs. 118 A.L.R.5th

. I.

Idaho Public RecordsAct was created to allow public access and was not intended to prevent harm caused by public disclosure of pri,vate information. Nation v. State,

- Idaho --:...,

- P.3d -, 2007 Ida. LEXIS 83 (Mar. 29, 2007).



### 9·349A. Severability.

- The provisions ofthis act are hereby declared
to be severable and if 

### any provision ofthis act or the application ofsuch provision to any person or circumstance is declared iIlvalid for any reason, such declaration shall not affect the validity ofremainiIlg portions ofthis
act. [I.C., § 

### 9-348, as added by 1990, ch. 213, § 

### 1, p. 480;·am. and redesig. 1992, ch. 279, § 

### 2, p. 856; am. and redesig. 1996, ch. 122, § 

### 2, p. 437; am. and redesig. 2005, ch. 25, § 

### 13, p. 82.]

CHAPTER 5

INDISPENSABLE EVIDENCE

- STATUTE OF FRAUDS



### 9·503. Transfers ofreal property to be in vvriting.

Cited in: Estate ofE. A. Collins v. Geist,

- Idaho -, 153 P.3d 1167 (2007).

ANALYSIS

Easement. Operation oflaw.

Easement.

There was no express easement to use a road for ingress and egress based on a deed or
a sale agreement where the language was insufficient to create such; the parties' intent

was insufficient to substitute for a writing. 'IbwerAssetSubInc. v. Lawrence,

- Idaho-, 152 P.3d 581 (2007).

Sale agreement did not create an express easement where it did not indicate an immediate grant ofeasement rights; the language gave the seller

# the right to obtain an access easement for the benefit ofsome other**prop~** erty, and there was no intent to convey any property interest until the balance owing on the sale agreement was paid. Further, a deed did not reserve or except an easement. Capstar Radio Operating Co. v. Lawrence,

- Idaho -, 152 P.3d 575 (2007). Operation ofLaw.

In atitleinsurance dispute, limitedliability company owned by insureds, to which they had conveyed the property by a properly**exe~** cuted warranty deed, was not considered to have obtained title to the property by**opera~** tion oflaw, andthus was not aninsured under the policy. Point ofRocks Ranch, LLC v. Sun ValleyTitle Ins. Co.,

- Idaho -, 146 P.3d 677 (2006).



### 9·505. Certain agreements to be in vvriting.

ANALYSIS Boundary ofland. Parol proofinadmissible. Real estate contract. Boundary ofLand.

Mediation agreementfell within the boundary agreement exception to statute offrauds, the elements ofwhich are: (1) an uncertain or disputed boundary and (2) an express or implied agreement subsequently fixing that boundary. Goodman v. Lothrop,

- Idaho -, 151 P.3d 818 (2007).
Parol ProofInadmissible.

Despite livestock owner's contention to the contrary, alleged oral agreement between the

# IDAHO CODE

CONTAINING THE 

# GENERAL LAWS OF IDAHO

ANNOTATED

ORIGINALLY PUBLISHED BYAUTHORITY OF LAWS 1947, CHAPTER 224

REPUBLISHED BYAUTHORITY OF LAWS 1949, CHAPTER 167 AS AMENDED



### Compiled Under the Supervision ofthe Idaho Code Commission

THOMAS A. MILLER RICHARD GOODSON R. 

### DANIEL BOWEN COMMISSIONERS

MAX M. SHEILS, JR. 

### EXECUTIVE SECRETARY



### TITLES 1 TO 13



# MICHIELexisNexis and the knowledge burst logo are registered trademarks, and MICHIE is a trademark of Reed Elsevier Properties Inc., used underlicense. Matthew Benderis a registered trademark ofMatthew Bender Properties Inc.

© 2004 Matthew Bender & Company, Inc. All rights reserved.

4221612

ISBN 0-820-58881-4

(PubAn05)

### PUBLISHER'S NOTE

Since the publication in 1998 ofReplacement Titles 1 through 13, many laws have been amended orrepealed and many new laws have been enacted. The resulting increase in the size ofthe cumulative supplementfor Titles 1 through 13 has made it necessary to revise this volume. Accordingly, ReplacementTitles 1 through 13 are issuedwiththe approval and underthe direction ofthe Idaho Code Commission.

To better serve our customers 

### by making our annotations more current, LexisNexis has changed the sources that are read to create annotations for this publication. Rather than waiting for cases to appear in printed reporters, court decisions are now being read as they are released by the courts. A consequence of this more current reading of cases, as they are posted on lexis.com, is that the most recent cases annotated may not yet have print reporter citations. These will be provided, as they become available, through later publications.

This publication contains annotations taken from decisions ofthe Idaho Supreme Court and the Court of Appeals, and the appropriate federal courts, posted on lexis.com as ofMarch 25, 2004. These cases will be printed in the following reports:

Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series Additionally, annotations have been taken from the following sources:
American Law Reports, 5th Series, through Volume 113 American Law Reports, Federal Series, through Volume 189 Opinions ofAttorney General, 2002-2 Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code.

LR.C.P. Idaho Rules ofCivil Procedure LR.E. Idaho Rules ofEvidence LC.R. Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules LLR. Idaho Infraction Rules LJ.R. Idaho Juvenile Rules LCAR. Idaho CourtAdministrative Rules IAR. Idaho Appellate Rules

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LexisNexis Attn: Customer Service 1275 Broadway Albany, NY 12204-26949-337 EVIDENCE 822

available witness as defined by subsection (a)(2) and the admission of his preliminary hearing testimony was error. Stale v. Barcella, 135 Idaho 191, 16 P.3d 288 (Ct. App. 2000).

Standard ofReview.

The basis of defendant's objection to the admission ofpreliminary hearing testimony, while not set forth specifically as required by I.R.E. 103(a)(I), appeared to be under this section, and the trial court's ruling therefore would not be disturbed unless 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) "Copy" means transcribing by handwriting, photocopying, duplicating machine and reproducing by any othermeans so long as the public record is
not altered or damaged. (2) "Custodian" means the person having personal custody and control of the public records in question. Ifno 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. (3) "Independent public body corporate and politic" means the Idaho housing and finance association as created in chapter 62, title 67, Idaho Code.

(4) "Inspect" means the right to listen, view and make notes of public records as long as the public record is not altered or damaged. (5) "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 pursuant to its statutory authority in the course ofinvestigating 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 law enforcement authority.

(6) "Law enforcement agency" means any state or local agency given law enforcement powers or which has authority to investigate, enforce, prosecute or punish violations ofstate or federal criminal statutes, ordinances or regulations. (7) "Local agency" means a county, city, school district, municipal**corpo~** ration, district, public health district, political subdivision, or any agency thereof, or any committee ofa local agency, or any combination thereof.

(8) "Person" means any natural person, corporation, partnership, firm, association,jointventure, state or local agency or any otherrecognized legal entity.

(9) "Prisoner" means a person who has been convicted ofa crime and is either incarcerated or on parole for that crime or who is being held in custody for trial or sentencing. [(10)](9) "Public agency" means any state or local agency as defined in this section. [(11)J(10) "Public official" means any state, county, local district, independent public body corporate and politic or governmental official or employee, whether elected, appointed or hired.823 PUBLIC WRITINGS 9-337

[(12)](11) "Public record" includes, but is not limited to, any writing containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. [(13)](12) "State agency" means every state officer, department, division, bureau, commission and board or any committee ofa state agency including those in the legislative orjudicial branch, except the state militia. [(14)](13) "Writing" includes, but is notlimited to, handwriting, typewriting, printing, photostating, photographing and every means ofrecording, includingletters, words, pictures, sounds or symbols orcombination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. [I.C., § 9-337, as added by 1990, ch. 213, § 1, p. 480; am. 2000, ch. 342, § 1, p. 1146; am. 2000, eli. 368, § 1, p. 1219.]

Compiler's notes. This section was amended by two 2000 acts

- ch. 342, § I, and ch. 368, § 1, both effective July I, 2000, which do not conflict 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) (now [(14)1(13»; in subsection (5) inserted "over" following "'or other conduct"'. and deleted "over" at the end.

The 2000 amendment by ch. 368, § 1, added subsection (8); and redesignated subsections (9) through (12) as (10) through (13) (now [(11)j(10) through 1(14)](13)).

The bracketed subsection designations ((10)J through [(14)] were inserted by the compiler.

Section 2 ofS.L. 2000, ch. 368 is compiled

as § 9·342.

Sec. to sec. ref. This section is referred to in §§ 9-3408, 9·343, 40-1306C, 65·301 and 67·5241.

Sections 9-337

- 9-347 are referred to in §§ 9-343, 67·5711C and 67-5711D.

Sections 9-335 through 9-348 are referred to in § 63·3077.

Cited in: Bolger v. Lance, 137 Idaho 792, 53 P.3d 1211 (2002).

Classification.

Because a member ofa citycouncil is a local governmental official. not an employee, and the exemption from disclosure of§ 9-340(36) (now repealed) did not apply to an applicant for appointment as a local governmental official, the name and resume ofan applicant to be appointed to a city council are not exempt from disclosure: city was required to disclose

names and resumes of applicants for city council to publisher requesting records. Federated Publications, Inc. v. Boise City, 128 Idaho 459, 915 P.2d 21 (1996).

Opinions ofAttorney General. The Department of Health and Welfare has the authority to investigate reports of suspected child abuse, abandonment and neglect: such authority to investigate extends to school facilities; such investigation should proceed in accordance with governing statutes, the department's promulgated rules, and internal policies. GAG 93-2.

Public records that are exempt from public disclosure are nevertheless subject to disclosure in ajudicial or administrative proceeding ifthey are subject to disclosure under the laws or rules ofevidence and discovery governing those proceedings. QAG 95-6.

A document's lack ofavailability under the Public Records Act is not a valid basis to refuse to honor an administrative subpoena. OAG 95·6.

DEC1SJONS UNDER PRIOR L\w

List ofCertain Taxpayers.

The legislature intended the definition of "public records," as used in former law, to be broad enough to include a list of names ob· tained by an agency in the normal course of carrying out its duties: in addition, the language of this section clearly evidenced an intent by the legislature to create a very9-338 EVIDENCE 824

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

names of dairy product producers who paid the taxes levied by § 25-3117, which list was compiled by the Idaho Dairy Products CommlSSIOn, fell within the purview of such former section as "'public records and other matters," and was subject to inspection by a private citizen. Dalton v. Idaho Dairy Prods. Comm'n, 107 Idaho 6, 684 P.2d 983 (1984).

9-338. Public records

- Right to examine.

- (1) Every person has

a right to examine and take a copy ofany public record ofthis state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection except as otherwise expressly provided by
statute.

(2) The right to copy public records shall include the right to make photographs or photographic or other copies while the records are in the possession ofthe custodian ofthe 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 ofany public record shall give the person,

on demand, a certified copy ofit ifthe record is ofa nature permitting such copying or shall furnish reasonable opportunity to inspect or copy such record. (4) The custodian shall make no inquiry ofany person who applies for a public record, except to verify the identity ofa person requesting a record in accordance with section 9-342, Idaho Code, to ensure that the requested record orinformation will notbe used for purposes ofa mailing ortelephone listprohibitedby section 9-348, Idaho Code, or as otherwise providedbylaw. The person may be required to make a written request and provide their
name, a mailing address and telephone number. [The custodian shall make

no inquiry of any person who applies for a public record, except that the person may be required to make a written request and provide a mailing address and telephone number, and except as required for purposes of protecting personal information from disclosure under chapter 2, title 49, Idaho Code, and federal law.]

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

(6) Nothing herein contained shall prevent the custodian from maintaining such vigilance as is required to prevent alteration ofany public record while it is being examined. (7) Examination ofpublicrecords under the authority ofthis section must be conducted during regular office or working hours unless the custodian shan authorize examination of records in other than regular office or working hours. In this event, the persons designated to represent the custodian during such examination shall be entitled to reasonable compensation to be paid to them by the public agency or independent public body corporate and politic having custody ofsuch records, out offunds provided in advance by the person examining such records, at other than regular office or working hours.

(B)(a) Apublic agency or independentpublic body corporate and politic or public official may establish a copying fee schedule. The fee may not825 PUBLIC WRITINGS 9-338

exceed the actual cost to the agency ofcopying the record ifanother fee is
not otherwise provided by law. The actual cost shall not include any administrative orlabor costs resulting from locating and providing a copy ofthe public record; provided however, that a public agency or independent public body corporate and politic orpublic official may 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 (ii) The request includes records from which nonpublic information
must be deleted; or (iii) The actual labor associated with locating and copying documents for a request exceeds two (2) person hours. (b) Forproviding a duplicate ofa computertape, 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 ofthe following:

(i) The agency's direct cost ofcopying the information in that form; (ii) The standard cost, if any, for selling the same information in the form ofa publication. The custodian may require advance payment ofthe cost ofcopying. Any moneyreceived by the public agency orindependentpublic body corporate and politic shall be credited to the account for which the expense being reimbursed was or will be charged, and such funds may be expended by the agency as part ofits 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 (ii) That the public's interest or the public's understanding of the operations or activities ofgovernment or its records would suffer 

### by the assessment or collection ofany fee. (9) Apublic 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. (0) Nothing contained herein shall prevent a public agency or independentpublic body corporate and politic from disclosing statistical information that is not descriptive ofan identifiable person or persons. [I.C., § 9-338, as added by 1990, ch. 213, § 1, p. 480; am. 1997, ch. 80, § 1, p. 165; am. 1997, ch. 152, § 1, p. 432; am. 2000, ch. 342, § 2, p. 1146.)

Compiler's notes. This section was amended by two 1997 acts

- ch. 80, § 1, effective September 13, 1997 and ch. 152, § 1, effective July 1, 1997, which appear to be compatible. Even though the amendments by ch. 80 and ch, 152 appear to be compatible, subsection (4) no longer seemed to make

sense when the amendments made by both ch. 80, § 1 and ch. 152, § 1 to subsection (4)

were combined. Therefore, the subsection has been set out twice, once as amended by ch. 152, § 1 and in brackets as amended by ch. 80. § 1.

The amendment by ch. 80, § 1 as contained in brackets in subsection (4) added all that part of the sentence beginning with ", and9-339 EVIDENCE 

### 826

except as required for purposes."

The amendment by ch. 152, § 1 in subsection (4) in the first sentence deleted "that" following "applies for a public record, except," added all that part ofthe first sentence beginning with "to verify the identity" and ending with "provided by law." and substituted "The" for "the" creating the second sentence.

Section 2 ofS.L. 1997 ch. 152 is compiled as § 9-348.

Section 2 of S.L. 1997, ch. 80, an amendmentto § 9-340, is contained in § 9-340n and § 3 is compiled as § 49-105.

Section 13 ofB.L. 1997, ch. 80 provided that the act should be in full force and effect on and after September 13, 1997.

Sec. to sec. ref. This section is referred to in §§ 18-3302, 63-3045B and 67-1902.

Sections 9-335 through 9-348 are referred to in § 63-3077.

Cited in: Bolger v. Lance, 137 Idaho 792, 53 P.3d 1211 (2002).

ANAlYSIS

Administrative review. Physical handling ofdocument. Private photocopying ofrecords. "Raw notes" from board meetings.

Administrative Review.

Because of the presumption of this section that aU public records are open unless**ex~** pressly otheIWise, since the administrative review ofa shooting incident involving Boise police officers prepared by a police lieutenant

was not a personnel record, personnel information, or a personnel evaluation, and be·

cause all ofthe information that would have constituted an invasion ofthe officers' privacy under § 9-335 was contained in the investigation report which had been disclosed**pur~** suant to a court order, the administrative review was not exempt from disclosure; city was required to disclose administrative review upon request of publisher. Federated Publications, Inc. v. Boise City, 128 Idaho 459, 915 P.2d 21 (1996). Physical Handling ofDocument.

Even if the public is entitled to know the
contents ofa docwnent when ithas been filed, this entitlement does not necessarily extend
to the physical handling of the document; to allow physical handling of an original document before it becomes an official record upon microfilming would carry a potential for abuse, because ifthe document were altered

or damaged, the public record would be**af~** fected; moreover, private rights or obligations could be put in doubt ifan original document

were altered or damaged after it was microfilmed but before it was returned to the proper party. Adams County Abstract Co. v. Fisk, 117 Idaho 513, 788 P.2d 1336 (Ct. App. 1990).

Private Photocopying ofRecords.

Title company's desire to avoid increases in fees charged by the recorder does not outweigh the recorder's duty to protect the safety ofdocuments entrusted to his care, nordoes it diminish the recorder's power to control the orderly fWlction ofhis office, and accordingly the recorder cannot be compelled to allow private photocopying ofpublic records in the courthouse. Adams County Abstract Co. v. Fisk, 117 Idaho 513, 788 P.2d 1336**(C~** App. 1990).

"Raw Notes" from Board Meetings.

Trial courterredin holding that as a matter oflaw "raw notes" ("handwritten notes," "raw minutes") taken by Clerk of the Board of County Commissioners during meetings of the County Board of Commissioners, could
notbepublic writings. Foxv. Estep, 118 Idaho 454, 797 P.2d 854 (1990).

DECISIONS UNDER PRIOR LAw

Disclosure Mandatory.

Because § 9-301 (now repealed) and former section providing for the inspection ofpublic records by private citizens were mandatory, there were no exceptions to the rule ofdisclosure 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 ofthe public; accordingly the Commission's list ofdairy 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 ofthe producers to the Commission in confidence. Dalton v. Idaho Dairy Prods. Comm'n, 107 Idaho 6, 684 P.2d 983 (1984).

9-339. Response to request for examination ofpublic records.

- (1) A public agency or independent public body corporate and politic shall827 PUBLIC WRITINGS 9-340A

either grant or deny a person's request to examine or copy puhlic records within three (3) working days ofthe date ofthe receipt ofthe request for examination or copying. If it is determined hy employees of the public
agency oriudependentpublic body corporate and politic that a longerperiod oftime 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. (2) Ifthe public agency or independent public body corporate and politic fails to respond, the request shall be deemed to be denied within ten (0) 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 ofthe request for the public record. (4) The notice ofdenial or partial denial shall state that the attorney for the public agency or independent public body corporate and politic has 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 ofa 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. [I.e., § 9-339, as added by 1990, ch. 213, § I, p. 480; am. 2000, ch. 342, § 3, p. 1146.]

Compiler's notes. Section 4 ofS.L. 2000, Sections 9-335 through 9·348 are referred ch. 342 is compiled as § 9·340B. to in § 63-3077.

Sec. to sec. ref. This section is referred to in § 9-342A.

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

Compiler's notes. This section which comprised I.e., § 9-340, as added by 1997, ch. 60, § 2, p. 111; am. 1998, ch. 164, § 1. p. 552; am. 1998, ch. 262, § 1. p. 865; am. 1998, ch. 293, § I, p. 968; am. 1998, ch. 308. § 1, p. 1012;

am. 1998. ch. 411, § 4, p, 1275, was repealed by S.L. 1999, ch. 30, § I, p. 41, effective July I, 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 of judicial proceedings. the disclosure ofwhich is prohibited by orunderrules adopted by the Idaho supreme court,9-340B EVIDENCE 

### 828

but only to the extent that confidentiality is provided under such l:u!es, and
any drafts or other working memoranda related tojudicial decision-making, 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. [I.C., § 9-340A, as added by 1999, ch. 30, § 2, p. 41.]

Sec. to sec. ref. This section is referred to Cited in: Bolger v. Lance, 137 Idaho 792, in § 48-1509. 53 P.3d 1211 (2002).

Sections 9·335 through**9~348** are referred to in § 63-3077.

9·34GB. 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(6), Idaho Code, under the conditions setforth in section 9-335, Idaho Code.

(2) Juvenile records ofa 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 courtto persons and governmental and private agencies and institutions conducting pertinent research studies or having a legitimate interest in the protection, welfare and treatment ofthejuvenile who is thirteen (13) years ofage oryounger. If the juvenile is petitioned or charged with an offense which would be a criminal offense ifcommitted by an adult, the name, offense ofwhich the juvenile was petitioned or charged and disposition of the court shall be subjectto disclosure as provided in section 20-525, Idaho Code. Additionally, facts contained in any records ofajuvenile maintained under chapter 5, title 20, Idaho Code, shall be furnished upon request to any school district where thejuvenile is enrolled or is seeking enrollment.

(3) Records of the custody review board of the IdalIo department of juvenile corrections, including records containing the names, addresses and written statements of victims and family members ofjuveniles, shall be exempt from public disclosure pursuant to section 20-533A, Idaho Code.

(4)(a) The following records ofthe department ofcorrection:

(i) Records ofwh.ich the public interest in confidentiality, public safety, security and habilitation clearly outweighs the public interest in disclosure as identified pursuant to the authority ofthe Idaho board of correction under section 20-212, Idaho Code; (ii) Records that contain any identif'ying information, or any information that would lead to the identification ofany victims or witnesses; (iii) Records that reflect future transportation or movement ofa prisoner; (iv) Records gathered during the course ofthe presentence investigation; (v) Records ofa prisoner, as defined in section 9-337(9), Idaho Code, or probationer shall not be disclosed to any other prisoner or probationer.829 PUBLIC WRITINGS 9-340B

(b) Records ofbuildillgs, facilities, infrastructures and systems held by or in the custody of any public agency only when the disclosure of such information would jeopardize the safety ofpersons 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 electricat heating, ventilation, air conditioning and telecommunication systems. (c) Records ofthe commission ofpardons and parole shall be exemptfrom 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 ofvictims. (5) Voting records ofthe sexual offender classification board. In accordance with section 18-8315, Idaho Code, the written record ofthe vote to classif'y an offender as a violent sexual predator by each board member in each 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 ofthe senatejudiciary and rules committee, and the chairman ofthe house ofrepresentativesjudiciary, rules and administration committee, for all lawful purposes.

(6) Records of the sheriff or Idaho state police received or maintained pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.

(7) Records ofinvestigations prepared by the department ofhealth and welfare pursuantto its statutoryresponsibilities dealing with the protection ofchildren, the rehabilitation ofyouth, 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 maintainingconfidentiality ofsuch records. Aperson may inspect and copy documents from an investigative file to which he or she is

a named party if such documents are not otherwise prohibited from disclosure by federal law or regulation or state law. The confidentiality of this subsection will no longer apply to any record used in any judicial proceeding brought by a named party to the complaint or investigation, or by the Idaho human rights commission, relating to the complaint of discrimination.

(9) Records containing information obtained by the manager ofthe Idaho
state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on behalfofemployers or employees contained in underwriting and claims for benefits files. (10) The worker's compensation records ofthe Idaho industrial commission provided that the industrial commission shall make such records available:

(a) To the parties in any worker's compensation claim and to the industrial special indemnity fund ofthe state ofIdaho; or9-340B EVIDENCE 830

(b) 'Ib employers and prospective employers subject to the provisions of the Americans with disabilities act, 42 U.S.C. 12112, or other statutory limitations, who certif'y that the information is being requested with respect to a worker to whom the employer has extended an offer of employment and will be used in accordance with the provisions of the Americans with disabilities act, 42 U.s.C. 12112, or other statutory limitations; or (c) To employers and prospective employers not subject to the provisions oftheAmericans with disabilities act, 42 U.S.C. 12112, or other statutory limitations, provided the employer presents a written authorization from the person to whom the records pertain; or (d) To others who demonstrate that the public interest in allowing inspection and copying of such records outweigbs the public or private interest in maintaining the confidentiality ofsuch records, as determined by a civil court ofcompetentjurisdiction; 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 commission'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 commission 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 section 67-3001, Idaho Code, and compiled by the Idaho state police. Such records shall be released only in accordance with chapter 30, title 67, Idaho Code.

(13) Records furnished or obtained pursuant to section 41-1019, Idaho Code, regarding termination of an appointment, employment, contract or other insurance business relationship between an insurer and a producer.

(14) Records ofa prisoner or former prisoner in the custody ofany state

or local correctional facility, when the request is made by another prisoner in the custody ofany state or local correctional facility.

(15) Except as provided in section 72-1007, Idaho Code, records of the Idaho industrial commission relating to compensation for crime victims under chapter 10, title 72, Idaho Code. [I.C., § 9-340B, as added by 1999, ch. 30, § 3, p. 41; am. 1999,ch. 249, § 3,p. 638; am. 1999,ch. 308, § l,p. 765;

am. 2000, ch. 57, § 1, p. 120; am. 2000, ch. 342, § 4, p. 1146; am. 2000, ch. 367, § l,p. 1216; am. 2000, ch. 469,§ 19, p. 1450; am. 2001,ch.48, § l,p. 88; am. 2001, ch. 180,§ l,p. 606;am.2001,ch. 296,§ l,p. 1044; am. 2002, ch. 62, § l,p. 132; am. 2002, ch. 136,§ 1, p. 371; am. 2003, ch. 164, § l,p. 462; am. 2004, ch. 378, § 1, p. 1135.J

Compiler's notes. This section was en· acted by S.L. 1999, ch. 30, § 3, effective July 1, 1999, and also amended by two 1999 acts, ch. 249, § 3, and ch. 308, § 1, both effective July 1, 1999, which do not conflict and have been compiled together.

The amendment by ch. 249 added subsection (11).

### 831 PUBLIC WRITINGS 9-340C

The amendment by ch. 308 added subdivi· sian (3)(b).

This section was amended by four 2000 acts

- ch. 57, § I, ch. 342, § 4, ch. 367, § I and ch. 469, § 19, all effective July 1,2000, which do not conflict and have been compiled to· gether.

The 2000 amendment by ch. 57, § 1, in the first sentence of subdivision (3)(b). inserted "and security" following "Operation", inserted "plans or codes" preceding "of county jails", and inserted "and buildings owned or leased by Idaho state government, a county or a city"; in the second sentence of subdivision (3l(b). inserted "state government agency" following "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)(b).

The 2000 amendment by ch. 342, § 4, sub· stituted "9-337(6)" for**"9~337(5)"** in subdivision (1).

The 2000 amendment by ch. 367, § I, in the first sentence ofsubdivision (3)(a), added "Until July I, 2001" at the beginning, made a minor stylistic change, deleted "or the commission ofpardons and parole" following "department of correction" near the beginning, deleted "or on parole" following "the department ofcorrection" near the middle, and deleted. "or the commission ofpardons and parole" preceding "if the public interest"; and added subdivision (3)(c).

The 2000 amendment by ch. 469, § 19, substituted "ldaho state police" for "department oflaw enforcement" in subdivisions (5) and (11).

This section was amended by three 2001 acts which appear to be compatible and have been compiled together.

The amendment by ch. 48, § I, added subsection [13](12).

The amendment by ch. lBO, § I, rewrote subsection (3)(a) and added subsections (3)(a)(i) through (3)(a)(v); inserted ", visitors

or prisoners" in subsection (b).

The amendment by ch. 296, § 1. added subsection (12).

This section was amended by two 2002 acts

- ch. 62, § 1 and ch. 136, § I, both effective July 1, 2002, which appear to be compatible and have been compiled together.

The 2002 amendment by ch. 62 inserted "evacuation. and emergency response plans" in the section heading and rewrote subdivision (3)(b).

The 2002 amendment by ch. 136 added subdivision (14).

Sections 2 and 4 ofS.L. 1999, ch. 249 are compiled as §§**67~3001** through 67-3011 and 18-8306, respectively.

Section 3 ofS.L. 2000, ch. 342 is compiled

as § 9-339.

Section 18 ofS.L. 2000, ch. 469 is compiled

as § 9-335.

Section 2 ofS.L. 2001, ch. 48 is compiled as § 9-342.

Section 2 ofS.L. 2002, ch. 136 is compiled

as § 72-1003.

Section 2 ofS.L. 2003, ch. 164 is compiled

as § 20-533A.

Section 2 ofS.L. 2000, ch. 57 provided that the act shall be in full force and effect on and after July I, 2000.

Sec. to sec. ref. This section is referred to in § 44-1606.

Construction With Other Law.

Section 9·342(3) limits the applicability of § 9·342(1) by excluding "otherwise exempt investigatory records jf the investigation is ongoing," which implicitly defers to the exemption contained in this section; this section, in turn, defers to § 9-335 for a more specific definition ofthe investigatory records exemption. Bolgerv. Lance, 137 Idaho 792, 53 P.3d 1211 (2002).

9-340C. Records exempt from disclosure

- Personnel records, personal infonnation, health records, professional discipline.

- The following records are exempt from disclosure: (1) Except as provided in this subsection, all personnel records of a current orformer public official otherthan the public official's public service

or employment history, classification, pay grade and step, longevity, gross salary and salaryhistory, status, workplace and employing agency. All other personnel infonnation relating to a public employee or applicant including, but not limited to, information regarding sex, race, marital status, birth date, home address and telephone number, applications, testing and scoring materials, grievances, correspondence and performance evaluations, shall
not be disclosed to the public without the employee's or applicant's written
consent. Apublic official or authorized representative may inspect and copy his personnel records, except for material used to screen and test for employment.9-340C EVIDENCE 832

(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 ofassets of the public employee retirement system ofIdaho 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 procurement contractors submitted to or performed by the Idaho state lottery; validation and security tests ofthe 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 oflottery 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 ofa 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 depositor for the purpose ofpublic 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 (I) 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 ofthe tax commission pursuant to a taxpayer protest ofa 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 the elderly, indigent, or mentally or physically handicapped, 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 offirearms,
guns or ammunition.833 PUBLIC WRITINGS 9-340C

(7) Employment security information and unemployment insurance benefit information, except that all interested parties may agree to waive the exemption. (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 requirementforlicensing, certification, permit or bonding.

(9) Unless otherwise proyjded by agency rule, information obtained as part ofan inquiry into a person's fitness to be granted or retain a license, certificate, permit, privilege, commission or position, private association
peer reyjew 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 ofmatters considered and their disposition. (10) The records, findings, determinations and decisions of any prelitigation screeningpanel formed underchapters 10 and 23, title 6, Idaho Code. (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 ofthe department ofhealth and welfare or a public health district that identifY a person infected with a reportable disease.

(13) Records ofhospital 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 ofpharmacy under section 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 ofthis 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 indiyjdual 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 ofchapter 2, title 49, Idaho Code.

(16) Records ofthe financial status ofprisoners pursuantto subsection (2) ofsection 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 ofhealth and welfare relatingto a survey, resurvey or complaint investigation of a licensed nursing facility shall be exemptfrom disclosure. Such records shall, however, be subjectto disclosure9-340C EVIDENCE 834

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 ofconfidentiality,

no record shall be released under this section which specifically identifies
any nursing facility resident. (9) Records and information contained in the registry ofimmunizations against childhood diseases maintained in the department of health and welfare, including information disseminated to others from the registry by the department ofhealth and welfare.

(20) Records ofthe 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 IHFAwith regard
to obtaining and servicing mortgage loans and all records relating to the review, approval or rejection by the IHFA ofsaid loans; (c) Mortgage portfolio loan documents; (d) Records of a CUITent or former employee other than the employee's duration ofemployment with the association, position held and location of employment. This exemption from disclosure does not include the contracts ofemployment or any remuneration, including reimbursement of expenses, ofthe executive director, executive officers or commissioners of the association. All other personnel information relating to an association employee or applicantincluding, butnotlimited 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 ormaterial not subjectto 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 ofdomestic violence, as defined in chapter 63, title 39, Idaho Code, that can be used to locate any individuals in the child support case exceptin response to a court order.

(22) Records ofthe Idaho state barlawyer's assistance programpursuant to chapter 49, title 54, Idaho Code, unless a participant in the program authorizes the release pursuant to subsection (4) ofsection 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 courtfiles, or otherrecords prepared as part ofproceedings forjudicial authorization ofsterilization procedures pursuant to chapter 39, title 39, Idaho Code.835 PUBLIC WRITINGS 9-340e

(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 consistentwith the requirements ofthis 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 ofbirth and, upon showing ofgood cause by the voter 

### to the county clerk in consultation with the county prosecuting attorney, the physical residence address ofthe voter. For the purposes ofthis subsection good cause shall include the protection oflife and property and protection of victims ofdomestic violence and similarcrimes. [I.e., § 9-340e, as added by 1999,ch.30,§ 4,p.41;am. 1999, ch.347, § 2,p. 926; am. 1999, ch. 395, § 3, p. 1095; am. 2000, ch. 58, § I, p. 122; am. 2000, ch. 189, § 3, p. 465; am. 2000,ch. 194,§ 2,p. 479; am. 2000,ch. 294, § l,p. 1011; am. 2000, ch.332, § 6,p.1112;am.2000,ch.342,§ 5,p.1146;arn.2000,ch.469,§ 20,p.1450;

am. 2002,ch.329,§ 3,p. 928; am. 2002, ch. 363,§ 2,p. 1023; am. 2003, 

### ch. 16,§ l,p.48;am.2003,ch.26,§ 2,p. 95; am. 2003, ch. 189,§ 3,p.511;am. 2004, ch. 163, § I, p. 529.]

Compiler's notes. Former § 9·340C, which comprised I.e., § 6-311B. as added by 1974, ch. 308, § 6, p. 1803, was repealed by S.L. 1996, ch. 169, § 2.

This section was enacted by S.L. 1999, ch. 30, § 4, effective July I, 1999 which was then amended by two 1999 acts, ch. 347, § 2, and ch. 395, § 3, both effective July 1, 1999,which do not conflict and have been compiled together.

The amendment by ch. 347 added present subsection (19).

The amendment by ch. 395 in subsection (10), substituted "chapters 10 and 23" for "chapter 10"; and added subsection (18).

This section was amended by seven 2000 acts

- ch. 58, § 1, effective July I, 2000, ch. 189, § 3, effective July I, 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 I, 2000, and ch. 469, § 20, effective July I, 2000, which contained a minor conflict 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 119](18) as present subdivision (19).

The 2000 amendment by ch. 189, § 3, in subdivision (3), inseTted "including prescriP'" tions, drug orders, records or any other prescription information that specifically identifies an individual patient," preceding "records ofpsychiatric care"; and redesignated former subdivision [191(8) as present subdivision (I9).

The 2000 amendment by ch. 194, § 2, in subdivision (13), inserted "prescription records maintained by the board ofpharmacy Wlder section 37-2730A, Idaho Code," preced· ing "records ofpsychiatric care or treatment"; and redesignated former subdivision [19](18)

as present subdivision (19); and made minor stylistic changes.

The 2000 amendment bych. 294, § 1 redesignated former subdivision [19](18) as present subdivision (19); and added subdivision (20) (now [(21»)(20»; and made minor stylistic changes.

The 2000 amendment by ch. 332, § 6, rewrote subdivision (11) which formerly read: "Board of professional discipline reprimands by informal admonition pursuant to subsection (6)(0 of section 54-1806A, Idaho Code."; and redesignated fonner subdivision [19](18)

as present subdivision (19); and made minor stylistic changes.

The 2000 amendment by ch. 342, § 5, in subdivision (4)(a), inserted "or independent public body corporate and politic" preceding "pursuant to law", in subdivision (4)(c), inserted "or independent public body corporate and politic" preceding "such as bonds", inserted "or independent public body corporate and politic" preceding "pursuant to law"; in subdivision (8), inserted "or independentpublic body corporate and politic" preceding**"pur~** suant to a statutory"; redesignated former subdivision (19](18) as present subdivision (19); and added subdivision (20); and made minor stylistic changes.

The 2000 amendment by ch. 469, § 20, in subdivision (17), substituted "Idaho state ptr lice" for "departmentoflawenforcement"; and redesignated former subdivision lI9](18) as present subdivision (19).

This section was amended by three 20039-340D EVIDENCE 

### 836

acts

- ch. 16, § I, effective February 12, 2003, ch. 26, § 2, effective July I, 2003, and ch. 189, § 3, effectiveJuly 1. 2003

- which do
not conflict and have been compiled together.

The 2003 amendment by ch. 16, § I, substituted "section 54-4901" for "section 54- 4801" in subsection (22), and renumbered the following subsection to (23).

The 2003 amendment by ch. 26, § 2, added subsection (4)(f). substituted "section 54- 4901" for "section 54·4801" in subsection (22), and renumbered the following subsection to (23).

The 2003 amendment by ch. 189, § 3, sub· stituted "section 54·4901" for "section 54- 4801" in subsection (22), renumbered the fol· lowing subsection to (23), and added subsection (24).

Sections 1 and 3 of S.L. 1999, ch. 347 are compiled as §§ 39·4803 and 39·4804, respec· tively.

Section 2 ofS.L. 1999, ch. 395 is compiled

as § 54-1604.

Sections 1 and 3 ofS.L. 2000, ch. 194 are compiled as §§**37~2730A** and 9·340G,**respec~** tively.

Section 5 ofS.L. 2000, ch. 332 is compiled

as § 54-1841.

Section 21 ofS.L. 2000, ch. 469 is compiled

as §**18~915.**

Section 2 ofS.L. 2002, ch. 329 is compiled

as §§ 57-2001-57-2007.

Section 1 ofS.L. 2002, ch. 363 is compiled

as §§ 54-4901, 54-4902.

Section 1 ofS.L. 2003, ch. 26 is compiled as § 65-301.

Section 2 ofS.L. 2003, ch. 189 is compiled

as §§ 39-3901

- 39-3915.

Section 2 ofS.L. 2004, ch 163 is compiled as § 34-416. Section 7 of S.L. 2000, ch. 332, provides: "This act shall be in full force and effect on and after July 1, 2000, and the Board of Medicine is directed to begin rulemaking pur· suant to Chapter 52, Title 67, Idaho Code, as required by Section 54·1806(2), Idaho Code. Until such rules are final, the Idaho Rules of Administrative Procedure of the Attorney General· to the extent they are not inconsis·
tent with rules already adopted by the Board ofMedicine, shall be the rules ofpractice and procedure for the Board ofMedicine,"

Section 4 of S.L, 2002, ch. 329 provides: "This act shall be in full force and effect on and after January I, 2003, provided that for purposes ofpromulgation ofmles as provided in section 57·2003, Idaho Code, this act shall be in full force and effect on and after July I, 2002."

Section 5 of S.L. 2002, ch. 329 provides: "The provisions ofthis act shall be null, void and ofno force and effect on and after January I, 2008."

Section 18 ofS.L. 2003, ch. 16 declared an emergency. Approved February 12, 2003.

Sec. to sec. ref. This section is referred to in §§ 34-416,54-1413, 56-209j and 59-1316.

Sections**9~335** through**9~348** are referred
to in § 63-3077.

Discloseable Information.

The names ofpublic employees ofa hospital

were not exempt from disclosure to an inquiring newspaper when those names were con· nected with information regarding the**em~** ployees' gross salary, were obtainable from public records, and did not constitute an**in~** vasion of privacy. Magic Valley Newspapers, Inc. v. Magic Valley Regl Med. Ctr., 138 Idaho 143, 59 P.3d 314 (2002).

9·340D. 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 independent public body corporate and politic requests for proposal, requests for clarification, requests for information and similar requests. "Trade secrets" as used in this section means information, including a formula, pattern, compilation, program, computerprogram, device, method, technique, process, or unpublished or in progress research that:

(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper

means by otherpersons who can obtain economic value from its disclosure

or use; and (b) Is the subject ofefforts that are reasonable under the circumstances to maintain its secrecy. (2) Production records, housing production, rental and financing records, sale or purchase records, catch records, mortgage portfolio loan documents,

### 837 PUBLIC WRITINGS 9-340D

or similar business records ofa private concern or enterprise required 

### by law to be submitted to or inspected by a public agency or submitted to o.r otherwise obtained by an independent public body corporate and politic. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding. (3) Records relating to the appraisal ofreal property, timber or mineral rights priorto its acquisition, sale orlease by a public agency orindependent public body corporate and politic. (4) Any estimate prepared by a public agency or independent public body corporate and politic that details the cost ofa public project until such time

as disclosed or bids are opened, or upon award ofthe contract for construction ofthe 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 or supervision offinancial 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 ofthe issuance ofsecurities. (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 ofIdaho. (7) Shipping and marketing records of commodity commissions used to evaluate marketing and advertising strategies and the names and addresses ofgrowers and shippers maintained by commodity commissions.

(8) Financial statements 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) Names 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 information shall be released to the owner. Provided however, thatifa seed crop has been identified as diseased or has been otherwise identified by the Idaho department ofagriculture, other state departments ofagriculture, or the United States department ofagriculture to represent a threat to that particular seed or commercial crop industry or to individual growers, information as to test results, location, acreage involved and disease symptoms of that particular seed crop, for that growing season, shall be available for public inspection and copying. This exemption shall not supersede the provisions ofsection 22-436, Idaho Code. (l0) Information obtained from books, records and accounts required in chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and rapeseed commission and pertaining to the individual production records of canola or rapeseed growers.9-340D EVIDENCE 838

(11) Records ofany 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 ofcivil procedure. These records shall include, but are not limited to, claims evaluations, investigatory records, computerized reports of losses, case reserves) internal documents and correspondence relating thereto. At the time any claim is concluded, only statistical data and actual amounts paid in settlement shall be deemed a public record unless otherwise ordered to be sealed by a court ofcompetent 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 ofsuch information ifused, 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, 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 ofinstructions

or statements which permit the functioning of a computer system in a

manner designed to provide storage, retrieval and manipulation of data from the computer system, and any associated documentation and source material that explain how to operate the computer program. Computer
program does not include:

(a) The original data including, but not limited to, numbers, text, voice, graphics and images; (b) AnaIysis, 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 ifthe manipulated forms ofthe original data were to be produced manually. (16) Active investigative records and trademarkusage 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 (1)(a) through CD of section 9-335, Idaho Code. Nothing in this subsection shall limit the use which can be made, or839 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 ofthe department of agriculture or his designee as a result ofan 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 noncompliance 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 industries orthe state brand board pursuant to the provisions ofsection 25·207B, Idaho Code, or rules promulgated thereunder. [(19)](18) Records disclosed to a county official by the state tax commission pursuant to subsection (4)(c) of section 63·3029B, Idaho Code. [I.C., § 9·340D, as added by 1999, ch. 30, § 5, p. 41; am. 2000, ch. 342, § 6, p. 1146; am. 2001, ch. 383, § 2, p. 1340; am. 2004, ch. 204, § 2, p. 621; am. 2004, ch. 205, § 2, p. 627.]

Compiler's notes. This section was amended by two 2004 acts which appear to be compatible and have been compiled together.

The 2004 amendment by ch. 204. § 2 added subsection [(19»).

The 2004 amendment by ch. 205, § 2 added subsection (18).

Section 9·803 referred to in subdivision (14) became null and void December31, 1997. The previous text of that section is set out as follows:

"9·803. Definitions. [Null and void December31, 1997.] -As used in this chapter:

"(1) 'Document: as used in this legislation, includes writings, drawings, graphs, charts, photographs, phone records and other data compilations, including electronic, from which information can be obtained or**trans~** lated.

"(2) 'Environmental agency' shall mean any department or division ofthe state, local government or health board with authority to enforce any state environmental law.

"(3) 'Environmental audit' means an**inter~** nal evaluation done pursuant to a plan or protocol that is designed to identify and prevent noncompliance and to improve compli

M ance with statutes, regulations, pennits and orders. An environmental audit may be conducted by an owner or operator, by an owner
or operator's employees or by an independent contractor. An environmental audit may include:

"(a) One (1) or more facilities; "(b) Any activity at one (1) or more**facili~** ties;

"(c) Impacts on one (1) or more**environ~** mental media at a facility or facilities; or

"(d) Management systems related to a fadUty, an activity or an impact on environmental media.

"(4) 'Environmental audit report' means a set ofdocuments, each labeled 'Environmental Audit Report' (or a substantive equivalent label), and prepared as a resultofan environmental audit. An environmental audit report may include field notes, records of**observa~** tions, findings, opinions, suggestions, implementation plans, conclusions, drafts, memoranda, drawings, photographs, computergenerated or electronically recorded information, maps, data, charts, graphs and surveys, provided such supporting information is collected or developed for the primary purpose and in the course ofan environmental audit. An environmental audit report may include memoranda and documents analyzing portions or all ofthe audit report.

"(5) 'Environmental law' means any federal, state or local law, regulation, rule, ordinance or permit terms and conditions designed to protect or enhance the quality of land, water or air for the protection ofhuman health, wildlife, other biota, or the environment.

"(6) 'Person' means any individual, finn, association, partnership,joint stock company, trust, estate, local governmental entity, public

or private corporation, 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 orits contractors and/orsubcontractors in the performance, operation or management of governmental activities, programs, fWlctions, facilities or sites.

"(7) 'In camera review' means a hearing or review in a courtroom, hearing room or cham-9-340E EVIDENCE 840

bers, to which the general public is not admitted. After such hearing or review, the content ofthe oral and other evidence and statements ofthejudge, hearing officer and counsel shall be held in confidence by those participatingin

or present at the hearing or review, and any transcript of the hearing or review shall be sealed and not considered a public record until or unless its contents are disclosed by a court having jurisdiction over the matter. II.C., § 9-803, as added by 1995, ch. 359, § 1,
p. 1218; am. 1996, ch. 414, § 1, p. 1376.1"

Section 7 ofS.L. 2000, ch. 342 is compiled

as § 9-341. Section 1 ofS.L. 2001, ch. 383 is compiled

as §§ 25-3801

- 25·3808.

Section 1 ofS.L. 2004, ch 204 is compiled as § 63-3029B.

Section 1 ofS.L. 2004, ch 205 is compiled. as § 25-207B.

Section 3 ofS.L. 2004, ch. 204 declared an emergency retroactively to January I, 2003. Approved March 23, 2004.

Sec. to sec. ref. This section is referred to in §§ 22-606, 22-609, 22-2206, 22-2209, 22· 2718, 25-207B and 63-3029B.

Sections 9·335 through 9-348 are referred
to in § 63-3077.

9-340E. 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 ofarchaeological or geophysical sites or endangered species, ifnot already known to the general public.

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

(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 ofa library, museum or archive which has been contributed by a private person, to the extent ofany 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 create a risk that the result mightbe affected. [I.e., § 9-340E, as added by 1999, ch. 30, § 6, p. 41.]

Sec. to sec. ref. Sections 9-335 through 9·348 are referred to in § 63-3077.

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 ofplacing such draft legislation into a form suitable for introduction

as official proposed legislation ofthe legislature ofthe state ofldaho, unless the individual legislator having submitted or requested such records or841 PUBLIC WRITINGS 9-340G

research agrees to waive the provisions ofconfidentiality 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 otherrecords 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. (3) Records consisting ofdraft congressional and legislative redistricting plans and documents specifically related to such draft redistricting plans or research requests submitted to the commission staffby a member ofthe 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 provisions ofconfidentiality provided by this subsection.

(4) Records that identif'y the method by which the Idaho state tax commission selects tax returns for audit review. (5) Underwriting and claims records ofthe Idaho petroleum clean water trust fund obtained pursuant to section 41-4905, 41-4909, 41-4911A, 41- 4912 or41-4912A, Idaho Code. Provided however, that this subsection shall
not prevent the Idaho petroleum clean water trust fund's submittal to the Idaho department ofenvironmental 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 ofa 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 41-4938, Idaho Code. [I.C., § 9-340F, as added by 1999, ch. 30, § 7, p. 41; am. 2000, ch. 229, § 1, p. 643; am. 2001, ch. 103, § 1, p. 253; am. 2003, ch. 96, § 1, p. 281.J

Compiler's notes. Section 8 ofS.L. 1999, ch. 30 is compiled as § 16-1623.

Section 2 ofS.L. 2001, ch. 103 is compiled

as § 9·342A. Section 2 ofS.L. 2003, ch. 96 is compiled as § 41-4903.

Sec. to sec. ref. Sections 9-335 through 9-348 are referred to in § 63·3077.

9·340G. Exemption from disclosure

- Records ofcourt proceed· ings regarding judicial authorization of abortion procedures for minors.

- In accordance with section 18-609A, Idaho Code, the following records are exempt from public disclosure: records contained in court files of judicial proceedings regardingjudicial authorization ofa minor's consent to

an abortion or the performance of abortion procedures upon a minor who would otherwise have to obtain consent for the procedure from a parent or guardian, in addition to records of any judicial proceedings filed under section 18-609A(3), Idaho Code. [I.C., § 9-340G, as added by 2000, ch. 7, § 9, p. 10.]9-340H EVIDENCE 842

Compiler's notes. Section 8 ofS.L. 2000, Sections 9-335 through 9-348 are referred ch.7 is compiled as § 18-0615. to in §**63~3077.**

Sec. to sec. ref. This section is referred to in § 18-609A.

9-340H. Exemption from disclosure

- Records related to the uniform securities act. [Effective September 1, 2004.]

- Except as otherwise determined by the director ofthe department offinance pursuant to section 30-14-607(c), Idaho Code, the following records are exempt from disclosure:

(1) A record obtained or created by the director of the department of finance or a representative ofthe director in connection with an audit or inspection under section 30-14-411(d), Idaho Code, oran 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 ifthe person filing the registration statement or report has asserted a claim ofconfidentiality

or privilege that is authorized by law;

(3) A record that is not required to be provided to the director of the department offinance orfiled 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. [I.C., § 9-340H, as added by 2004, ch. 45, § 3, p. 169.]

Compiler's notes. A fonner section, which comprised 

### Le. § [9-340HJ 9-340G. as added by.2000, ch. 194, § 3, p. 483, was repealed by S.L. 2002, ch. 27, § 1.

Section 2 ofS.L. 2004, ch. 45 is compiled as chapter 14, title 30, ldaho Code. Section 4 of S.L. 2004, ch. 45 is compiled as § 18-7803.

Pursuant to S.L. 2004, ch. 45, § 8, this section takes effect on September 1, 2004.

9-341. Exempt and nonexempt public records to be separated.- Ifany 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 material available for examination, provided that a denial ofa request to copy nonexempt material in a public record shall not be based upon the fact that such nonexempt material is contained in the

same public record as the exempt material. [I.C., § 9-341, as added by 1990, ch. 213, § 1, p. 480; am. 2000, ch. 342, § 7, p. 1146.]

Compiler's notes. Section 6 ofS.L. 2000, ch. 342 is compiled as § 9-3400. Sec. to sec. ref. Sections**9~335** through 9-348 are referred to in § 63-3077.843 PUBLIC WRITINGS 9-342

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

- (1) A person may inspect and copy the records ofa 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 ofthe record which the person establishes is not accurate, relevant, or complete; or (b) Inform the person in writing ofthe 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 orparties, ifit finds that the requestfor amendment orrefusal to amend was frivolously pursued. (3) The right to inspect and amend recoras pertaining to oneselfdoes not include the right to review: (a) Otherwise exempt investigatory records of a public agency or independent public body corporate and politic ifthe investigation is ongoing; (b) Information that is compiled in reasonable anticipation of a civil action or proceeding which is not othenvise discoverable; (c) The information relates to adoption records; (d) Information which is otherwise exempt from disclosure by statute or court rule; (e) Records ofa prisoner maintained by the state or local agency having custody ofthe prisoner or formerly having custody ofthe prisoner or by the commission ofpardons and parole. [I.C., § 9-342, as added by 1990, ch.213,§ l,p.480;am. 1992,ch.200,§ 2,p. 618; am. 2000, ch. 342,§ 8, p. 1146; am. 2000, ch. 368, § 2, p. 1219; am. 2001, ch. 48, § 2, p. 88.J

Compiler's notes. This section was amended by two 2000 acts

- cb. 342. § 8 and ch. 368, § 2, both effectiveJuly I, 2000, which do not conflict and have been compiled**to~** gether.

The 2000 amendment by ch. 342, § 8, in subsection (1), inserted "or independent pulr lie body corporate and politic" preceding "pertaining to that person"; in subsection (2), inserted "or independent public body corpo· rate and politic" preceding "shall either"; in subdivision (2)(b), substituted "attorneys" for "attomeyn; and in subsection (3) (now subdivision (3){a), inserted "or independent public body corporate and politicnpreceding "ifthe investigation is ongoing".

The 2000 amendment by ch. 368, § 2, in the last sentence ofsubdivision (2)(b), substituted "attorney'sn for "'attorneyn; divided subdivision (3) into the introductory language of subdivision (3) and subdivisions (3)(a) through (3)(d); in present subdivision (S)(d), added "or court rule" following "disclosure by statuten
, added subdivision (3)(e); and made minor stylistic and punctuation changes.

Sections 1 and 3 ofS.L. 2000, ch. 368 are compiled as §§ 9-337 and 20-223, respectively.

Section 1 ofS.L. 2001, ch. 48 is compiled as § 9·340B.

Sec. to sec. ref. This section is referred to in §§ 9·338, 20-511 and 20-516.

Sections 9-335 through 9-348 are referred to in § 63-3077.

Cited in: Bolger v. Lance, 137 Idaho 792, 53 P.3d 1211 (2002).

ANALYSIS Applicability. Construction.9-342A EVIDENCE 844

Applicability.

Idaho Code §**9~335** controls over pravi· sians, such as Idaho Code § 9-342(1), that might otherwise provide for disclosure ofinvestigatory records. Gibson v. Ada County, 138 Idaho 787, 69 P.3d 1048 (2003).

Construction.

Subsection (3) of this section limits the applicability of subsection (1) of this section by excluding Uotherwise exempt investigatory records ifthe investigation is ongoing," which implicitly defers to the exemption contained in § 9-340B; § 9-340B, in turn, defers to § 9-335 for a more specific definition ofthe investigatory records exemption. Bolger v. Lance, 137 Idaho 792, 53 P.3d 1211 (2002).

9-342A. Access to air quality and hazardous waste records

- Protection oftrade 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 ifthe 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 ofany title V operating permit; (c) The name and address ofany 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 the department ofenvironmental quality pursuantto 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 ofthis section, a record,**o~** a portion ofthe record, is a "trade secret" if the information contained in the record is a trade secret within the meaning ofthe 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 person 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 ofenvironmental quality:

(a) To any officer, employee, or authorized representative ofthe state or the United States, under a continuing claim ofconfidentiality, as necessary to carry out the provisions ofstate orfederal law, orwhen relevantto any proceeding thereunder; (b) As determined necessary by the director ofthe department ofenvironmental quality (under a continuing confidentiality claim) to protectthe public health and safety from imminent and substantial endangerment; (c) As required by state or federal law, including section 9-343(3), Idaho Code, under a continuing claim of confidentiality and subsection (I), of this section; or (d) With the consent ofthe person from whom the record is obtained.845 PUBLIC WRITINGS 9-342A

(5) It shall be the responsibility ofany 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 ofinformation at the time of submittal and such person shall have the burden ofdemonstrating 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 ofenvironmental quality pursuant to the provisions ofthis chapter for the disclosure ofinformation for which a trade secret claim has been made, and the information has not been demonstrated to be a trade secret to the satisfaction ofthe director of the department ofenvironmental quality, within three (3) working days of receipt ofthe requestfor the disclosure ofthe information the department of environmental quality shall provide a written request for substantiation to the person making the confidentiality claim. Aresponse shall be submitted
to the departmentofenvironmental qualitybythe person claiming the trade
secretprotection within ten (10) working days afterreceipt ofthe requestfor substantiation or the information subject to the claim shall be disclosed without further notice. Upon receipt ofa timely response to the request for substantiation, the director of the department of environmental quality shall determine whether the information is a trade secret subject to protection. I' (a) If it is determined that the information, or any portion of the information, is a trade secret, within three (3) working days after receipt ofthe response, the director ofthe department ofenvironmental quality shall notif'y the person requesting the information that the request is denied pursuant to sections 9-339(3) and (4), Idaho 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 ofthe response, the director of the department ofenvironmental quality shall inform the person making the confidentiality claim ofthe determination. The decision shall be afinal 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 ofthe director ofthe department ofenvironmental quality to release information claimed to be a trade secret shall be tiled within ten (10) working days from the date ofreceipt 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 orderhas been issued finding that the information is not

a trade secret and all appeals ofthat 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 ifit finds the claim ofconfidentiality or the decision ofthe director ofthe department of environmental quality to provide records was frivolously pursued.

(8) The department of environmental quality shall adopt rules which include: (a) Appropriate measures to safeguard and protect against improper disclosure oftrade secrets, including procedures to train all employees on the proper handling oftrade secrets; and9-343 EVIDENCE 846

(b) Any other provisions necessary to carry out this section. (9) AB it relates to the department ofenviro"",ental quality, or to agents, contractors, or other representatives of the department, the immunity created in section 9-346, Idaho Code, shall apply only when disclosure ofa trade secret is made consistent with this section. [I.C., § 9-342A, as added by 1998, ch. 125, § 1, p. 461; am. 2001, ch. 103, § 2, p. 253.]

Compiler's notes. The Federal Clean Air Act, which is referred to in subsection (I), is codified at 42 U.S.C.S. § 7401 et seq. The Resource Conservation and Recovery Act, which is also referred to in subsection (1), is codified at 42 U.S.C. 6901 et seq.

The words enclosed in parentheses so**ap~** peared in the law as enacted.

Section 2 ofS.L. 1998, ch. 125 is compiled

as § 39-111. Sections 1 and 3 of S.L. 2001. ch. 103 are compiled as §§**9~340F** and**18~6015, respec~**  tively.

Section 5 ofS.L. 1998, ch. 125 declared an emergency. Effective March 19, 1998.

Sec. to sec. ref. This section is referred to in § 39-7914.

Sections 9·335 through 9-348 are referred to in § 63-3077.

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

- Retention of disputed records.

- (1) The sole remedy for a person aggrieved by the denial ofa request for disclosure is to institute proceedings in the district court ofthe county where the records or

some part thereofare located, to compel the public agency or independent 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 independentpublic body corporate and politic's decision shall be filed within

one hundred eighty (180) calendar days from the date of mailing of the notice ofdenial or partial denial by the public agency orindependentpublic body corporate and politic. The time for responsive pleadings and for hearings in such proceedings shall be setby the court at the earliestpossible time, orin no eventbeyond twenty-eight (28) calendardays from the date of filing.

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

(3) Nothing contained in sections 9-337 through 9-348, Idaho Code, shall limit the availability ofdocuments and records for discovery in the normal

course of judicial or administrative adjudicatory proceedings, subject to the law and rules of evidence and of discovery governing such proceedings. 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 previously been provided to the defendant nor shall sections 9-335 through 9-348, Idaho Code, be available to supplement, augment, substitute or supplant discovery procedures in any other federal, civil or administrative proceeding. [I.C., § 9-343,

as added by 1990, ch. 213, § 1, p. 480; am. 1992, ch. 200, § 3, p. 618; am. 2000, ch. 342, § 9, p. 1146; am. 2001, ch. 101, § 1, p. 251.J847 PUBLIC WRITINGS 9-346

Compiler's notes. Section 10 ofS.L. 2000, ch. 342 is compiled as § 9-346.

See. to sec. ref. This section is referred to in §§ 9-342, 9-342A and 67-3008_

Sections 9·335 through 9-348 are referred to in § 63-3077_

Opinions ofAttorney General. Refusal to provide records or documents on the groWlds that such records or documents are exempt from disclosure pursuant to the Idaho Public Records Act does not constitute**reason~** able cause or legal excuse for failing to comply with the Department ofHealth and Welfare's administrative subpoena. OAG 95-6.

Public records that are exempt from public disclosure are nevertheless subject to disclosure in a judicial or administrative proceeding ifthey are.subject to disclosure under the laws or rules ofevidence and discovery governing those proceedings. GAG 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 show cause why he should not do so. The court shall decide the case after examining the pleadings filed by the parties and such oral arguments and additional evidence as the court may allow. The court may examine the record in camera in its discretion.

(2) Ifthe court finds that the public official's decision to refuse disclosure is not justified, it shall order the public official to make the requested disclosure_ Ifthe court determines that the public official was justified in refusing to make the requested record available, he shall return the item to the public official without disclosing its content and shall enter an order supporting the decision refusing disclosure. In any such action, the court shall award reasonable costs and attorney fees to the prevailing party or parties, if it finds that the request or refusal to provide records was frivolously pursued. [LC., § 9-344, as added by 1990, ch. 213, § 1, p. 480.]

Sec. to sec. ref. This section is referred to Cited in: Bolger v. Lance, 137 Idaho 792. in § 9-342. 53 P.3d 1211 (2002).

Sections 9-335 through 9-348 are referred to in § 63-3077.

9-345. Additional penalty.

- Ifthe court finds that a public official has deliberately and in bad faith improperlyrefused a legitimate requestfor inspection or copying, a civil penalty shall be assessed against the public official in an amount not to exceed one thousand dollars ($1,000), which shall be paid into the general account. [I.C., § 9-345, as added by 1990, ch_ 213, § 1, p. 480.J

Sec. to sec. ref. Sections 9-335 through 9-348 are referred to in § 63-3077.

9-346. Immunity.

- No public agency or independent public body corporate and politic, public official, or custodian shall be liable, nor shall a

cause of action exist, for any loss or damage based upon the release ofa public record governed by the provisions ofthis chapterifthe public agency

or independent public body corporate and politic, public official or custodian acted in good faith in attempting to comply with the provisions of this chapter. [I.C., § 9-346, as added by 1990, ch. 213, § 1, p. 480; am. 2000, ch. 342, § 10, p. 1146.J9-347 EVIDENCE 848

Compiler's notes. Section 9 ofS.L. 2000, Sections 9·335 through**9~348** are referred ch. 342 is compiled as § 9-343. to in § 63·3077.

Sec. to sec. ref. This section is referred to ;n § 9·342A

9-347. Agency guidelines.

- By January 1, 1991,**~very** state agency

orindependentpublic body corporate and politic shall adopt guidelines that identifY the general subject matter ofall public records kept or maintained by the state agency or independent public body corporate and politic, the custodian, and the physical location of such documents. [I.C., § 9-347, as added by 1990, ch. 213, § 1, p. 480; am. 2000, ch. 342, § 11, p. 1146.J

Sec. to sec. ref. Sections 9-335 through 9·348 are referred to in § 63-3077.

9-348. Prohibition on distribution or sale ofmailing ortelephone number lists

- Penalty.

- (1) Except as provided in subsections (2), (3), (4), (5), (6), (7), (8) and (9) ofthis section, in order to protect the privacy of those who deal with public agencies or an independentpublic 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 ofpersons without first securing the permission ofthose on the list; and (b) No list ofpersons prepared by the agency or independent public body corporate and politic may be used as a mailinglist or a telephone number list exceptby the agency orindependent public body corporate and politic

or another agency without first securing the permission ofthose on the list. (2) Except as may be otherwise provided in this chapter, this section does
not prevent an individual from compiling a mailing list or a telephone numberlist by examination or copying ofpublic records, original documents

or applications which are otherwise open to public inspection.

(3) The provisions ofthis section do not apply to the lists ofregistered electors compiled pursuantto title 34, Idaho Code, orto lists ofthe names of employees governed by chapter 53, title 67, Idaho Code.

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

(5) This section does not apply to the right ofaccess either by Idaho law enforcement agencies or, 

### by purchase or otherwise, ofpublic records dealing with motor vehicle registration.

(6) This section does not apply to a corporate information list developed by the office of the secretary of state containing the name, address, registered agent, officers and directors of corporations authorized to do business in this state or to a business information list developed by the department ofcommerce containing the name, address, telephone number

or other relevant information ofIdaho businesses or individuals requesting information regarding the state ofIdaho or to business lists developed by the department ofagriculture, division ofmarketing and development, used
to promote food and agricultural products produced in Idaho.849 PUBLIC WRITINGS [9-349A] 9-350

(7) This section does not apply to lists to be used for ordinary utility purposes which are requested by a person who supplies utility services in this state. Ordinary utility purposes, as used in this chapter only, do not include marketing or marketing research. (8) This section does not apply to lists to be used to give notice required by any statute, ordinance, rule, law or by any governing agency. (9) This section does not apply to student directory information provided by colleges, universities, secondary schools and school districts to military recruiters for military recruiting purposes pursuant to the requirements of federal laws. (10) Ifa court finds that a person or public official has deliberately and in bad faith violated the provisions of subsection (1)(b) of this section, the person or public official shall be liable for a civil penalty assessed by the
court in an amount not in excess of one thousand dollars ($1,000) which shall be paid into the general account. [I.C., § 9-348, as added by 1992, ch. 279, § 1, p. 856; am. 1993, ch. 117, § 1, p. 294; am. 1994, ch. 398, § 1, p. 1261; am. 1997, ch. 152, § 2, p. 432; am. 2000, ch. 342, § 12, p. 1146; am. 2003, ch. 310, § 1, p. 851.]

9-349. Confidentiality language required in this chapter.

- On and afterJanuary 1, 1996, any statute which is added to the Idaho Code and provides 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 provides for confidentiality or closure ofa public record or class ofpublic records and is located at a place other than this chapter shall be null, void and ofno force and effect regarding the confidentiality or closure ofthe public record and such public record shall be open and available to the public for inspection as provided in this chapter. [I.C., § 9-349, as added by 1996, ch. 122, § 1, p. 437.]

Compiler's notes. Former § 9-348 was amended and redesignated 85 § 9-349 by § 2 ofS.L. 1992, ch. 279.

Section 1 ofS.L. 1997, ch. 152 is compiled

as § 9-338.

Section 13 ofS.L. 2000, ch. 342 is compiled

as § 67-5241. Sec. to sec. ref. This section is referred to in §§ 9-338 and 9-343.

Sections 9-335 through 9-348 are referred
to in § 63-3077.

[9-349A] 9-350. Severability.

- The provisions ofthis act are hereby declared to be severable and ifany provision ofthis act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaratipn shall not affectthevalidityofremaining portions of this act. [I.C., § 9-348, as added by 1990, ch. 213, § 1, p. 480; am. and redesig. 1992, ch. 279, § 2, p. 856; am. and redesig. 1996, ch. 122, § 2, p. 437.]

Compiler's notes. This section which was originally compiled as § 9-348 and was amended and redesignated as § 9-350 by § 2 ofS.L. 1992, ch. 279, was subsequently redesignated as § 9-350 by § 2 of S.L. 1996, ch. 122. However, since there was already a § 9- 350 in existence, the bracketed designation U[9·349A]"has been inserted by the compiler.9-350 EVIDENCE 850

Section 2 of S.L. 1990, ch. 213 repealed §§ 9·301,9·302, and 59·1009, and § 30fS.L. 1990, ch. 213 is compiled as § 1-2103.

Section 111 of S.L. 1990, ch. 213 provided that §§ 1 and 2 ofthe act should take effect July I, 1990.

Section 2 ofS.L. 1993, ch. 389 declared an emergency. Approved April 1. 1993. Section.. 3 ofS.L. 1996, ch. 122 declared an emergency and provided that the act should be in fun force and effect on and after its. passage and approval and retroactive to**Jan~** uary 1, 1996. Approved January I, 1996.

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

- (1) The Idaho Code is the property ofthe state ofIdaho, and the state ofIdaho and the taxpayers shall be deemed to have a copyright on the Idaho Code. Ifa person reproduces or distributes the Idaho Code for the purpose ofdirect or indirect commercial advantage, the person shall owe to the Idaho code commission, as the agent ofthe state ofIdaho, aroyaltyfee in additiontothe fee charged for copying the Idaho Code. Any person who reproduces or distributes the Idaho Code inviolation ofthe provisions ofthis section, shall be deemed to be an infringerofthe state ofIdaho's copyright. The Idaho code commission, through the office of the attorney general, is entitled to institute an action for any infringement ofthat particular right committed while the Idaho code commission or its designated agenthas custody ofthe Idaho Code.

(2) Acourt havingjurisdiction ofa civil action arising under this section may grant such reliefas it deems appropriate. At any time while an action underthis section is pending, the court may orderthe impounding, on such
terms as it deems reasonable, ofall copies claimed to have been made or used in violation ofthe Idaho code commission's copyright pursuant to this section.

(3) An infringer ofthe 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 oris liable for statutory damages as provided in subsection (4) ofthis section. (4) The Idaho code commission, as agent ofthe copyright owner, may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award ofstatutory damages for all infringements involved in the action, with respect to the Idaho Code for which any

one (l) 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) ormore than ten thousand dollars ($10,000), as the court considersjust.

(5) In any civil action underthis section, the courtmay 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 ofthe costs.

(6) The Idaho code commission is hereby authorized to license and charge fees for the use ofthe Idaho Code. The Idaho code commission may grant a license for the use ofthe Idaho Code to a public agency in the state and waive all or a portion of the fees. All fees recovered by the Idaho code commission shall be deposited in the general account. [I.C., § 9-350, as added by 1993, ch. 389, § 1, p. 1444.J