APPENDIX XIII
2007

CUMULATIVE

POCKET SUPPLEMENT

IDAHO CODE

Compiled Under the Supervision of the

Idaho Code Commission

RICHARD F. GOODSON

R. DANIEL BOWEN THOMAS A. MILLER

COMMISSIONERS

MAX M. SHEILS, JR.

EXECUTIVE SECRETARY

TITLES 1-13

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Amendments to laws and new laws enacted since the publication of the

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numbers.

This publication contains annotations taken from decisions of the 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 of the abbreviations of the Court Rules used

throughout th., Idaho Code.

r.R.C.P. Idaho Rules of Civil Procedure

LR. E. I<1"ho Rules of Evidence

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

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ill
9-335 EVIDENCE

CHAPTER 3

PUBLIC WRITINGS

142

SECTION. SECI'ION.

9-335. Exemptions from disclosure -'Confi~ Personnel records, personal

dentiality. information, health, records,

9-337. Definitions. professional discipline.

9-33S. Public recorda - Right to examine. 9-340D. Records exempt from disclosure -

9-339. Response to request for examination ,I Trade secrets, production

of public 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 of court..1;Q.the contJ:!u"y•. nQt;Wng in.this

chaptjWnorichapwr;~O;title 59, IdahoCode,shaU be.co1ll!troedtO req~e

djscloswe ofinvestigatory records compiled for lawenforcem\lnt.PU11Poses

by. a .law. enf,"~em\lnt. agency,. but such: exemption,&pm. discloswe1applles

only, to the extent th.at the production ofsuch records would: ..

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

(b) Deprlvll a person ofa right to:a fair trial or an impartial adjudication;

.(c)..C01ll!titute an unwarranted.invaSion of personal privacy; ,' '"

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

.record compiled by 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 person involved ih

a motor vehicle collision which is investigated by II: law enforcement'agency,

that perso'i1's' authorized legal representative' and theinsUter shali ha'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~hallbe 'disclosed unless the'disCloswe would violate the provisions of subsection '(1)(a)' tlu:ough (f) of this

section. Investigatory recdrdas i;tsed herein mE/ans inforlIiation with respect

to an identifiableper~onor grbup'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 of the incident and of the arrest;

(d) The crime charged;

(e) Documents given or required by law to be given to the person arrested;
143 PUBLIC WRITINGS 9-336

(t) Informations and indictments except as otherwise provided by law;

and

(g) Criminal history reports.

As used herein; the term "law enforcement agency" means the office ofthe

attorney general, the office ofthe state controller, the Idaho state police, the

office of any prosecuting attorney, sheriff or'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 are befug 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

why he should'not do so. The court shall decide the case after examining the j. -'_'.- '. 1"· --' '.:., .'" .... .. " ...-.

record in camera, 'papers filed by the parties, and such oral argull)ent arid

additiopal evidence as the ~purt mal allo~.:", ,!

Ifthe court finds that the public official's decision to refuse disclosure. is " .. .. .. .. , .. 1.... ..;" ...... I: -:. _.' ,

not justified, 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 the record public, he shall retUrn the itell)'t,o t!J.e pUblic o!ficial without

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. -;

Where forms containing corrections officers'

personal information; were disclosed to an

inmate during criminal proceeding discovery, the invasion of privacy 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 of the state defendants publicly

disclosed private informationl 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 had the shift after defendant's, and who,

discovered money was missing, wasslated to

testify; however, she was terminally ill and

relapsed during the trial. The trial court e'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~criQingQy handwriting, ph,otoct'lpying, duplicaj;jp.g

machine,andreproducing:9y,an;V other me!lIls.so long as th~,publicreqqrdis

not alterEld or damaged. . " , ' ,.. .

(3) "Custodi!lIl" means th'l, pe:rson having perst'lnal custody !lIld c,~;'trol ~f

the public records.ill quest~on. Ifno s';\~h 4e~igIf~tion is If!~de ,by t~e J),ubllc

agency or independent public b?dy,c?l'J:'0ratEl ,~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:rpbrateand politic" 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 of public

recordS as long as the public tebori:I is notaltered or damaged. !'.

(6) "Investigatory record" means informationiviitllrespect to an identific

ablE!' person; group of persons' or entities compiled by a public agency' or

independent public' body"corporate' and politic pursuant"toits'statutory

authority in the course of investigating 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 or punish viola.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, or anycommittee ofalocal agency, or any combination the:reof.

(9) ·Petson"means any natural person; co;rporation,' pal!tnership,'firm,

association, joint venture, state or local agency or allY other recognized legal

en~ity. "" .. , . " . '. '. ."., , (10) ·Prisoner" means a person who has been convicted qf a crime and is

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 orhired.' " .'.

(13) "Public reco;rd" includes; but is not limited to, any writing containing

information.relating to the conduct or ad,ministration of the 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 or any committee of a state agency including

those in the le'gislative or judicial branch, except the state militia.

(15) "Writing" includes, but is not limited to, handwriting, typewriting,

printing, photostating, photographing and every means ofrecording, including letters, words, pictures, sounds or symbols or combination thereof, and

all papers, maps, magnetic or paper tapes,. photographic films and prints,

magnetic or punched cards, discs, drums or other documents. [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,.

by ch. 352, added the definition for "applicant"

and redesignated the following subsections"

ae<:ordingly.

ANALYSis

Custodian.

Investigatory records.

Custodian.

Identification of a custodian has no bearing

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

the Idaho ~tate department ofagriculture was

the cu~todian ofnutrition management plans"

or not in the determination of whether or not

they w~re exempt frpm disclos}lre to a conseJ;~

vation league. Idaho Conservation League,

me. v. Idaho State Dep't ofAgric., ,... Idaho-,

146 P.3d 632 (2006). .•

Investigatory Records.

Where forms containing corrections officers'

personal information were disclosed:'to an

inmate during criminal proceeding discovefY.,

the invasion of privacy 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 of the state defendants publicly

disclosed private information. Nation v. 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 of this 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 of the records using equipment provided by the

public agency Or independent public' body corporate and politic or using

equipment designated by the custodian.

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

on demand; a certified copy of it ifthe record is of a nature permitting such

copying or shall furnish reasonable opportUnity to inspect or copy such

record.

(4) .The custodian shall !J1ak;e no inquiry of aI).y person who applies for a

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

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

record or information will not be used for J;lUrposes of a mailing or telephone

list prohibited by section 9-348, Idaho Code, or as otherwise provided by law,

and except as required for purposes ofp;rotecting personal information from

disclosure under chapter 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 of any such person and shall

extend to the person, all reasonable comfort and facility for the full exercise

of the righ~ granted under this act. 1

(6) Nothing herein contained shall prevent thecustOOilll1'frommaintainin~ such vigilance as is required,to prevent,alteration of any public ,record

while itisbeing"ex~d. " "l "', ,) 1;-

, (7) Examination ofpublic records'under the authority ofthissecti6n must

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 of such records, out of funds 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 or independent public body corporate aiJci poHtic or

pu,blic ojfici.u, may establis~ a copying fee schedule. The fee lIlay llot

, exqe"d:,the, ,!lctual cost to the agency of copying,the record,if 8jlother: fell is

not, otli~1'WiBe 'provided by; la~••The actual. cost shall not include any

adniini~trativeorlabor costs' resulting from,locating and PrQvidin'~a:copy

of the public" record; proyided, however, that a puoliqagelj.cY,orincIe:pelj.'

dent public body corporate and politic or,public official msy 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%eclqpO)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,a duplicate ofa,cQmputer tape,cOInputl'~,disc) Jnj.crofilm

or siJWIar or, analogous record sY$tem containing 'public record information; a public agency or independent 'public body corporate and politic or

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

exceed!the' sum of the followingl' d L ""

(i)' The,agllncy's direct cost of copying the information in tliat,form;"

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

form of a publication;

'(iii) The agency's ~ost ofconversion, or the ~Ilst ofconversion charged by

" Ii third party, if the existing electronic' record' is converted til another

electronic form. - ! ,)i , "

Tha custodiati may require advllnce payment of the cost ot'copying. Any

money received by the public agency ormdeperideIit public bodY'corpclra~

lUld politic shall becredlted 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 or its records would suffer by the

assessment or collection of any·fee; . '. .

(9) ApUblic agency or.independent·publiil body corporate and politic shall

not prevent the'ex!lmination or Cilpying'ofa public·record by contracting

with a nongovernmental body to perfon:b. any of its duties or functions. '

(10) Nothing contained herein shall prevent !I public agency or independent public body corporate ani! politic from 'disclosmg statistical infon:b.ation

that is desCriptive'of an identifiable person or persons,unIess prohibited by

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 and deliveryofthe public'record may be conducted by electronicniail.

[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 of protecting

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 of protecting'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 of S.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 Qf a custodian h~ no bearing on whether documents' are exempt frQm disclosure;"therefore,it was irrelevant whether

,the Idaho state deplU'tment ofagriculture 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. Idah01State D.ep't ofAgrie., - Idaho-,

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

Nutrition ManaBement 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\ of Agric., - Idaho-; 146

P.3d 632 (2ooB). '

9.339. Response to request for examination of public records. -

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

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

within three (3) working days ofthe dateofJ the re~eipt of the request for

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

agency or independent publicbody corporate and politic that a longer· period

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

or independent public body corporate and 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' no later than ten (10) working days·following

the person's request. Provided however, if it is determined the existing

electronic record requested will first have to be converted to another

electronic format by.the agency oriby.a third,party andthat such conversion

cannotb~ completed within ten (10}working daYs, the agency shall so notify

in writing the person requesting to examine or copy 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 of conversion. 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 be 4eIlied,:within, tenUO)

working days following the request.

<:1)£ the public. agep,qy pr,,mdepenpent public !lody corporate and politic

penies the PllrSon's request ~or examination,qr, copyin,g the pUlJlill records or

penles in Ps.rt I\Pd gEants"in, Ps.rt the persqn'si request fqr,llXaminatiop and

copyin,g ofthl'l p'!'blicrecorps,,j;he,perspp)egl\ll.Y respollsiplefor administerr

ingtftE>public agellcYjqr, in,depenq.ent pUlJlic bqdY corporatE> iUllil politic or

thlj.tperson's <l,es;gp.eeshall notify t4e perS\1n in"writin,g ,(jf tilE> q.enial. or

partial denial of the :request for the, Public.rllcard.; ", ,

(4) The notice of denial or partial denial shall state that the.attorneyfor

the public agency or independent public body corporate and politic has .

reviewed t~e request ,or shall state that thepublic agency or indePendent

publib body cory6rlj.te andp?litic has had ail, opport¥ty to COnsult witl1' ail

attorney regardin,g the,.reqJ,l~stforexamina:tion'{jr"cqpyin,gof~, record and

has chosen' not to do so" The' notice of denial or partial denial also shall

ihdfcate' the st~ttit(h1V~Utl1orityfor 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 set forth in sectioD.,9·335,

IdallOCode. ' ," t' 'II'

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

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

furnished, upon requElst in a·manner determined by the court to persons and

governmental arid priwte ,agencies and institutions conducting pertinent

resel\tch 'srodies' or'having a legitimate interest.in the protection, welfare

and treatment ofthe juvenilewp,o is thirteen (13) years,ofage or younger. 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 of which the

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

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

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

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

the juvenile'is enrolled or is seeking enrollment. " ,

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

juvenile, corrections, including records containing the names, addresses and

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

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

(4)(a) ,The following records of the department of cdrrectiom

, (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 of any victims or witnesses;'

(iii) Records that reflect future transportation or movement of It prisoner; 1';'.j' j

(iv) Records gathered during the course of the presentence investiga"

tion; \, "}I f',: ..

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

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

I (b) Records ofbuildings, facilities, infrastructures and systems held by 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 Ofthe commission ofpardons and par<Yle shall be exempt from

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 ofvictims.

(5) Voting recdrds of the 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 shall be.made available upon request only to the governor,

the chairman ofthe senate judiciary and rules committee, and the chairman

ofthe house ohepresentatives.judiciary, 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 of investigations prepared by the department of health and

welfare pursuant to its statutory responsibilities dealing with the protection
9-340B EVIDENCE': '150

of children; the'lrehabilitation of youtll; adoptions and: the commitIllflnt of

mentally ill persoIls. " ' "

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

frominvestigations conducted into,complaints ofdiscrimination'made to the

Idahl> human rights .commission unless the· 'public. interest! in allowing

inspectioll' and,copying,of such records o'utweigha the legitimate public or

private interest in maintaining confidentiality ofsuchrecords. Aperson;may

inspect and:copy documentlJfrom an investigative'file to which he or she is

'amamed.party·, if such' l1ocuments· 'lU1e not otherwise prohibited. from

disclosuro>b;}' federal law o~· regulation lor sUite law...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 obtained by the'iIIlJmageriOfthe Idaho

state insurance fund pursuant to chapter 9;.title 72, Idaho,Code, from or on

behalfof emploY1lrs or emploJi~es.c.ontainedin underwriting and claims for

benefits files. h' H>;;L'ji-!(;~:J'; J~I t,:,;!: ,;(,'/j j;,:U

"'€W) !1'he·workerls compensatipnrrecordstofthe Idah(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~sand prosPective ~ployers subjectto·the provisions of

!' thaAmeric~sviitbdisabilities 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' of the

?' 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

ofthe Americans with disabilities act, 42 U.S;C;12112, or other statutory

limitations, provided·the employer 'presents a written authofizatioh from

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,'aljo detei: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. comperisa1iion or,in a written decision issuedbjl.the industriRl

commission shall be permitted; provided further,. thetJ;11e identi!ficatlan of

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

,decision issued andxeleasedtocthe public 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,between an:in,surer'l\Ild a producer.

(14) Records of a 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 'llf the

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.t zp.$t@ted'bytl;te

d!!p!irtllleD,t o~ hl'alth !i)1d welfare,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=eOr 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~i1,9"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,. .136tV"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 by two 2006 acta which appear to be the invasion;orpriva\Jy<tI8iliis trailedi ~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'informtitionivaaan

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'bf the' !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 contsining corrections.officers'. 7" Idah~ -,- ---,P.3d,-,-, ~007XiIa. LEPa'l 88 petB;OIia{inrormation~ werel Cfiscld8e~:1' tb an'; '(Mar.' 29'/Z007);J ' ;";;"'; Ll)~' .<",1.1,: - '.

;lht..lU 1,1

'9.3400;" Rt\cords elulfupt 'from disCl<Jahre";;;"pi!,rsorln,eFrefcords,

personal information, health records, prOfessional dilicipliDe. L.. The

f?llowinFecords are e:eemptfrom disclosUre: . ")((01"< ILl I

'(1~ Except as provided' in 'this" sub~ection,' al'l'persorinilTI,recd~d~ Of a

current or former public official other than 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 pnblih employee or applicant mCluding,

blit not limited· to, information regarding seKi racei,inarital'status, birth

date, hOine' address and telephone number, applications\ testing and'scoring

materials, grievances, correspondence and performance evaluations, shall

not J>e disClosed to the public without the'employee's or applicant's Written

consent. Namee:ofapplicants to Classified or meritsystem.positions shan not
9·340C EVIDENCE 152

be disclosed to the public without the applicant'swritten consent. Disclosure

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

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

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

available to the public, A public official or) authorized representative may

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

and test for employment.' "

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

telephone numbers 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 col1cerning the invest'l1eritof',ilssets of

the public employe;" retire'l1ent:system' of Idaho 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 of employees; lottery retirilets

and; major' proc'u~eriient'contrabt~rs; audit·, recotdS of-lottery retailers,

vendors and 'I1ajorpr~curE;,n~ritcontractorssl1limittedto 'or~perforin~~by

the Idaho ~tatelotte&;vWid~ti~,nand 's~cilriry'tests of tr\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~ of lottery

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'compiled by a pUblic depositor for the purpose

of publicfunds' ttliIl~~ctions conducted pursuaht'td law; ".'

(c),)~ecordsofoWh~rshipoffinancialobiigatio';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 Military re,cords as;descriped in and purs~antto ~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, ,or participationin'an,environniental 0" a ,PUblicih'lalth.studY,

provided. the provisions 'of.this,subsectioni m~ll' recordso exempt frow

discloBUTe shall not' apply.to ahe, 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'alcoriimissinh,inlthl!sadnlhuatrilti.orilDD

theiempllly:q:lepL setnnrlty' law.' \;~ [La iJitla.)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,suchJliB" paJientagif, tooepteligibti;]lie~'height"

weight, taxidentiftcationi and social'security liti:nibers,y:tm.aricialiworth<:'or.

medicalicorldition.\lubrpittedjtoi any,ipublicfagenCYC<m;i'ndependen£, pUblic

bogy rofporate and.politic,Purs'uant to1 aistaliutnryrequiifementf6nlic_ing,

~ca£ion"permit10r,b6nding;)J"f([fIl'3i",ib,m,rif:,rnTGlr,1

(9) Unless otherwistl.provided by .agenCJ1YIiule, .iDIl'onhlLtiom obtained '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

agencyWiliiclli ha!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 irecordsp,fifulings,Ndliterm¥tlitiQriBJ" andw decisiqQ,s ,v«J[,!any

prelitigationscreening panel 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'orapublic 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;otlierpnescriptioIDwonnati011l that, specifi~y

identifies" an individualcpatient,'p'resCItiptio:n:.record!nlnaiiitainedJ bY' the

board: ofpharllla~y under..lle'Ctions·37-2112liand· 311~273DA,oIdahQlieoae,

records; of paYehiatric,care or. treatmerllilandprofessiomrlicpunseling records

relatinli(. to. an individualis. conditiDn" diallUnsis. careot'. treatmentrorovided
9-340C EVIDENCE. 154

the provisions of thisIsubsection making records exempt from disclosure

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

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

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

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

chapter 16,title 72, Idaho·Code. "

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

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

Idaho' Code. '" ".

"(16)' Recordsiofthe,fip.ancialstatus ofprisoners pursuantto subsection (2)·

ofsection .20·607}·Idaho Code: '- i:' ,.'''

~l7-), Records ofthe Idaho state poliCe or department ofcorrection received

or.maintaiiredpursuant,to section 19-5514, Idaho Code; relating to DNA

databases'andidatab81Iks; \i • '"

j. (18) "Records ofthe department ofhealth and welfare relating to a survey;

resurvey Or complaint investigation of a'liceneednursingdaciIityshall be

exempt from; disclosure. Suchreci\rds shall, however, be subjecUo disclosure

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

andno'late'rthan the· 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. of confidentiality,

nb'record··shall. li'e released underthis sectionJwhich specifically identifies

an.ynursingfacility resident. " i' • i; ,il" i! i ,i

(19): Records and information contained in'the registry ofirilmuuizations

against ,childhood diseases maintained. in the:department of health and

welfare, including information disseminated.to'others·from the,registry by.

thedepartfuent.ofIiealth andiwelfare. ,,>,.; ii"

.,(20)-,Recordso!the Idahohoilsing andfinance 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:JHFA With'regard!

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

. review, approval 01' rejection by the 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, position heldanp;locationof

'Jemployment. This exemption from disclosure does not include the con·

tracts of employment or any remuneration, including reimbursement of

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

theassociatiom All o~r personnel information relating'to an. association

employeaor applicant including, but not·limited to, information regarding

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

applications; testing and scoring materials; grievances; correspondence,

retirement plan information and performance evaluations, shall not be

,disclosed to, the public Without the employee's or applicant's written

'consent. An employee or autl;lOrized.representative may inspect and copy

that employee's personnel records, except for matelJial used to screen and
155 PUBLIC WRITINGS

test foremplo~entormaterial not subject to disclosure else}Vhere in the

Idaho publlcrecords act , ' , .',,;, " '

(2~) Rec()rds of th~ dep~ment of health and welfare related to child

support services in;cases in which there 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 case eXceptin response'to'R c()Urj; order. '< eli': I)', .'1>". ,Jl, ~,h" _ ('

; '1 ,: ~;'

'(22)',Recdrds oftheIdaho state bar lawyer's;assistance,program pUl1suant

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"d in t):le tJ;/iumaregiStryCl'eatedlly

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;tfi!ell,Or,I',t.):lerf"cf!rdsI!reP8Fl'd,~ pl!ri;

ofproceedingsforjudicial autho~zliti.9Jl:.9fs~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 of saidcarQ, shall"be made,) availaPll\-

consistent,With the,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

good cause shall include the protection oflife and property andiprotection of

victims, of domestic'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' executelil thil"health care direCtive' ot'

ther'evoeatioftthereoftan:d t1ihtpeison's It\gal representativesl'W the'person

wlio"registered' 'the' health car~!di:tective'itr:revocatiort therleor, 'and"to'

pllYsiCil1I1Ii;1iospita1S~IIl~dica1perBoimel;'niitsingh?rlles;and 6therperSon's

who 'have 'b~en: 'granted file'iuiinber" an:d' pl!lssword access to the'ddcumetlts'

Withil1th~t specific file.[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

amended byifour20tlil acts ",bich appear to be

compatible artd h'ave been 'corapiled: together:

Th",,20Q6 amendment, by ch. as, added the
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

following records'are exempt from disClosure:"'" ," . ," "'., j'

(1) Trade secrets including those contained in! 1"~sporise td public agencY'

dt"'independent:publicbOciyu corpora.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, computer programl 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,whocan6btain economic-value from its disclosure,

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

(b) Is the subject of efforts that are reasonable under the'circumstancesto

rimaintain;its,s\\Crecy" DU;""'" " j ,,,"

",(Z).l?rod.llctioll,records. ,housing prod.uction,rental and financmg-recOllds"

sal!! or, purc~e ,recPr.ds, elltch recQrds,,jllQrtl\lilge portfolio loan docum~t!l;:

or, siI!ill!l!', pusiness .reJl~lrils· "La priyatll, 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 Of Sl1!'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 of real property, timber or..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!'stimaw prepare<:iby a public!igency or independent p\,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 ofthe c?'rtract for ~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 ,of financial 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, as described 'iri chapter 47,i title 67, Idaho' Code, for tl\.e!spedific

purpdse of iassrstinga'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,andv the namesoand:ll'dMesses of,growers ana.sbipperS' mamtamedi by 'comnrodlty'commissionSig,i

(&)I,F1inanclaIistatementsandbusi!tess informati<lnand reports submitted<

by is!lElgalentityiIt<!' a:<port district,dtganizediw:ider titlEl)170; Idaho,COde. m'

conneCtiorowlthl1' busiriess agreeinent,:.o)):Withfa idev,eloplnentepropDilal:ol'

with a financirig'aPplicatiob:forilll:1Y mdustriali'manufactuting/ oI'Jother

business'actiiVity"Withini a~ort district;,'" j' ,\I '-'/" d JKi rj

(9) ,Names and addresses oheed companies, seed'crop 'growers; seed crop:

cOllsigneiJst locations of seoo, crOp' fields;, iVarlety nltme ,lI'tidiacreagei by

variety. Upon the requestiof the owner of the proprietm-yHvarie1ly.ithis

fufonfiatiofiishall,be releasedtO'the,owD.Elr. FrOvided'liow~ver;1 thdt it'a seed

crop has' been identified as diseaged ol"'has,been'6thel'Wias identiftoobyithe

Idaho departriiemiotlagrleultUte}'other:staWldepartlments of'agrleuI£lir6;or

thellJ):nitediStatesJdelllal'trlient"lf agrleUlt'lU!eita'repllesenta:thraat',ito,that

pamculariseerllJ.orBeommercildrcropl:ill.du.wr; oritOg iridividllalji growers,

informatioa iastcwteat<i1l'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;ilda1llll Gode,! to ibll!!m.a'ifttamlldi<b'ythe>'ld\lh\l, oilseed'

coinnlission 'and'pertairiingr tlpthe iil4ividlialrptbductiO'nrellordli of 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.dlllrlage iclairiliiJagmst ia'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'uleliofCivll prd@dure.'1'J1esecrebbrdlil'Sliall

inch:ide,! bu\l:'arfli nOt!limitediitdi'QlaittuJ' eVlIluatlOns,iilvestigatory,'liecords,

computerized reportS of 'losses, bcasll!cteserveslf)mternalp dOllUmei\:tS',and

correspondencil relating ftheretO" Atthe,tlme9atiy claim' 'isconcludoo, 'oIlly

statisticaJ;;datiIJlmd>'aetu'aJ'amoUtlt~'p8idl.iri" SElttlementshalJ:'Iil\i'dtlemedi a

public record unless otherwise ordered to be sealed by a cO\ll'tfofilompetent

juri~dictionl"Prbvidoo hOWeVe~rnothirit,mithiil"subsectionisintendedto

llihit'tJ1Ei' attorney'clieulrprivilege J Oil illttotiley wOrk ,Ilroduct:' Privilege!

otherWise available to any publill' 'agerlcyh or'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"availabilitylofsuch ril'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,puplic body corporate and politic for.its own use, Ai;

used in 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. of data,

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 of chapter.12,

title, 22, Idaho Code, ,11ntil. the,,cOIlljU1encement 'of!formal. proceedings.as

provided by rules of the commissionr, purchas'l' and· 'sales' information

submitted to the Idaho potato!commission during,s,trademark usage audit,

and, investigati!m orenfQrcement",proceedingsl lnactive,.,investigatory

records shall be,disclilsed unlesslthe disclOSUre would violate the standards.

set forth itl'subsections· Gl)(a), through (f) of section 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) All records copied' or obtained by the director ofthe: department of

agriculture. or his designee as.arl!sqltof an inspection pursuant to section

25~3806; Idaho,.Cod'e,except.:ul 'lntn;(f~)'_'U" hi,'.') ;nr>!H'li ';.

(a) Records otherwisedeenmddo,be.:publi(h records ,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 directpr or· his.liesignee pursuant to

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

-(18) All data and information co)lected by·the. division of.animal industries,or,the state brand board pursuant tll,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 during the courselof:academic research at

public institutions of higher-, education if the disclosure of such could
159 PUBLIC WRITINGS 9-340D

I

reasonably affect the conduct or outcome ofthe research, or the ability ofthe

public institution of higher education to patent or copyright the research or

protect intellec.tual property.

(21) Records, data, information and materials collected or utilized during

the course of academic research at public institutions of higher education

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

education or a public agency.

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

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

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

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

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

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

would pose a danger to persons or property.

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

of this 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 of the funding provided for the project.

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

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

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

property of the taxpayer. .

(25) 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 of animal diseases ofindividual animals or herds, on samples submitted by veterinarians or animal

owners unless:

(a) The laboratory test results indicate the presence of a state or federally

reportable or regulated disease in animals;

(b) The release of the 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

of agriculture or the United States department of agriculture. Nothing in

this subsection shall limit the use which can be made, or availability of

such information if used, for regulatory purposes or its admissibility in

any enforcement proceeding,or the duty of any person to report contagious or infectious diseases as required by state or federal law.

[(26)](25) Results oflaboratory tests conducted by the Idaho state department of agriculture seed laboratory on samples submitted by seed producers

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

be made, or availability of such information pursuant to the provisions of

subsections (9) and (10) of section 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. and redesig. 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 "canola or rapeseed" 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 of court'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 added by 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.of judicial procfi!~gs

regarCllng judicial autllOri~ation of a,minor's

consent to 8;I1 abortion or the performance o(

abortion procedures upon a minor whO 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 of S.L. 2007, ch. 193 declared an

em~rgency. Approve4 ,March 27, 2007: ,I,

9·343; ·Proceedings to enforce right to examine orto receive a copy

ofrecords - Retention 'of disputed records.

Negligence.

Ylb.ere forms conta.i.nb1g corrections officers'

personal information were disclosed to an

inmate 'during criminal pr6ceeding discovery,

therC! was no negligence per se, because the

Idaho Public Records Act was crealed ta allow

public access and was not intended to prevent

harm caused by public disclosure of private

information. Nation v. State. - Idaho _; .l..

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

9·344. Order of the court - Court costs and attorney fees.

Irrelevant Issue. . Because the Idaho state department of agriculture focused on an irrelevant issue in

appealing a d~termination tlJ,at it was, I:'e-'

quired to disclose certain nutrition management plans 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 containing corrections 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 of attorney's

fees and other litigation costs. 118 A.L.R.5th .

I.

Idaho Public Records Act 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 of this act or the application of such

provision to any person or circumstance is declared iIlvalid for any reason,

such declaration shall not affect the validity of remainiIlg 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; am.

and redesig. 2005, ch. 25, § 13, p. 82.]

CHAPTER 5

INDISPENSABLE EVIDENCE - STATUTE

OF FRAUDS

9·503. Transfers of real 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.

'IbwerAsset Sub Inc. v. Lawrence,- Idaho-,

152 P.3d 581 (2007).

Sale agreement did not create an express

easement where it did not indicate an immediate grant of easement rights; the language

gave the seller the right to obtain an access easement for the benefit of some 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 of Law.

In a title insurance dispute, limited liability

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, and thus was not an insured under

the policy. Point of Rocks Ranch, LLC v. Sun

Valley Title Ins. Co., - Idaho -, 146 P.3d 677

(2006).

9·505. Certain agreements to be in vvriting.

ANALYSIS

Boundary of land.

Parol proof inadmissible.

Real estate contract.

Boundary of Land.

Mediation agreement fell 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 Proof Inadmissible.

Despite livestock owner's contention to the

contrary, alleged oral agreement between the
IDAHO CODE

CONTAINING THE

GENERAL LAWS OF IDAHO

ANNOTATED

ORIGINALLY PUBLISHED BY AUTHORITY OF

LAWS 1947, CHAPTER 224

REPUBLISHED BY AUTHORITY OF

LAWS 1949, CHAPTER 167 AS AMENDED

Compiled Under the Supervision of the

Idaho Code Commission

THOMAS A. MILLER

RICHARD GOODSON R. DANIEL BOWEN

COMMISSIONERS

MAX M. SHEILS, JR.

EXECUTIVE SECRETARY

TITLES 1 TO 13

MICHIE
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4221612

ISBN 0-820-58881-4

(PubAn05)
PUBLISHER'S NOTE

Since the publication in 1998 of Replacement Titles 1 through 13, many

laws have been amended or repealed and many new laws have been enacted.

The resulting increase in the size ofthe cumulative supplement for Titles 1

through 13 has made it necessary to revise this volume. Accordingly,

Replacement Titles 1 through 13 are issued with the approval and under the

direction of the Idaho Code Commission.

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courts. A consequence of this more current reading of cases, as they are

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Additionally, annotations have been taken from the following sources:

American Law Reports, 5th Series, through Volume 113

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Opinions ofAttorney General, 2002-2

Following is an explanation of the abbreviations ofthe Court Rules used

throughout the Idaho Code.

LR.C.P. Idaho Rules of Civil Procedure

LR.E. Idaho Rules of Evidence

LC.R. Idaho Criminal Rules

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LJ.R. Idaho Juvenile Rules

LCAR. Idaho Court Administrative Rules

IAR. Idaho Appellate Rules

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9-337 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 of Review.

The basis of defendant's objection to the

admission of preliminary 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 other means so long as the public record is

not altered or damaged.

(2) "Custodian" means the person having personal custody and control of

the public records in question. If no such designation is made by the public

agency 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 of investigating a specific act, omission, failure to

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

body corporate and politic has regulatory authority or 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 of a local agency, or any combination thereof.

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

association, joint venture, state or local agency or any other recognized legal

entity.

(9) "Prisoner" means a person who has been convicted of a 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 of a state agency including

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

[(14)](13) "Writing" includes, but is not limited to, handwriting, typewriting, printing, photostating, photographing and every means of recording,

including letters, words, pictures, sounds or symbols or combination thereof,

and all papers, maps, magnetic or paper tapes, photographic films and

prints, magnetic or punched cards, discs, drums or other documents. [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 of S.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 city council 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 of an 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 of Attorney General. The Department of Health and Welfare has the authority to investigate reports of suspected

child abuse, abandonment and neglect: such

authority to investigate extends to school facilities; such investigation should proceed in

accordance with governing statutes, the department's promulgated rules, and internal

policies. GAG 93-2.

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 of evidence and discovery governing those proceedings. QAG 95-6.

A document's lack of availability 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 of Certain 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 very
9-338 EVIDENCE 824

broad scope of government 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 of any public record of this state and

there is a presumption that all public records in Idaho are open at all

reasonable times for inspection except as otherwise expressly provided by

statute.

(2) The right to copy public records shall include the right to make

photographs or photographic or other copies while the records are in the

possession of the custodian of the records using equipment provided by the

public agency or independent public body corporate and politic or using

equipment designated by the custodian.

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

on demand, a certified copy of it if the record is of a nature permitting such

copying or shall furnish reasonable opportunity to inspect or copy such

record.

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

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

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

record or information will not be used for purposes of a mailing or telephone

list prohibited by section 9-348, Idaho Code, or as otherwise provided by law.

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 of any such person and shall

extend to the person all reasonable comfort and facility for the full exercise

of the right granted under this act.

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

while it is being examined.

(7) Examination ofpublic records under the authority ofthis section must

be conducted during 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 of such records, out of funds provided

in advance by the person examining such records, at other than regular

office or working hours.

(B)(a) A public agency or independent public body corporate and politic or

public official may establish a copying fee schedule. The fee may not
825 PUBLIC WRITINGS 9-338

exceed the actual cost to the agency of copying the record if another fee is

not otherwise provided by law. The actual cost shall not include any

administrative or labor costs resulting from locating and providing a copy

of the public record; provided however, that a public agency or independent public body corporate and politic or public 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) For providing a duplicate of a computer tape, computer disc, microfilm

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

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

exceed the sum of the following:

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

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

form of a publication.

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

money received by the public agency or independent public body corporate

and politic shall be credited to the account for which the expense being

reimbursed was or will be charged, and such funds may be expended by

the agency as part of its appropriation from that fund.

(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 of any fee.

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

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

with a nongovernmental body to perform any of its duties or functions.

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

that is not descriptive of an 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 ", and
9-339 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 amendment to § 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 of document.

Private photocopying of records.

"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 of a 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 of the 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 of Document.

Even if the public is entitled to know the

contents ofa docwnent when it has been filed,

this entitlement does not necessarily extend

to the physical handling of the document; to

allow physical handling of an original document before it becomes an official record upon

microfilming would carry a potential for

abuse, because if the document were altered

or damaged, the public record would be af~

fected; moreover, private rights or obligations

could be put in doubt if an original document

were altered or damaged after it was microfilmed but before it was returned to the

proper party. Adams County Abstract Co. v.

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

1990).

Private Photocopying of Records.

Title company's desire to avoid increases in

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

ofdocuments entrusted to his care, nor does it

diminish the recorder's power to control the

orderly fWlction of his office, and accordingly

the recorder cannot be compelled to allow

private photocopying of public records in the

courthouse. Adams County Abstract Co. v.

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

1990).

"Raw Notes" from Board Meetings.

Trial court erred in holding that as a matter

of law "raw notes" ("handwritten notes," "raw

minutes") taken by Clerk of the Board of

County Commissioners during meetings of

the County Board of Commissioners, could

not be public writings. Fox v. Estep, 118 Idaho

454, 797 P.2d 854 (1990).

DECISIONS UNDER PRIOR LAw

Disclosure Mandatory.

Because § 9-301 (now repealed) and former

section providing for the inspection of public

records by private citizens were mandatory,

there were no exceptions to the rule of disclosure 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 of dairy product producers, who

paid the taxes levied by § 25-3117 to dairy

product dealers, was subject to disclosure

even though the dealer gave the names of the

producers to the Commission in confidence.

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

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

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

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

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

within three (3) working days of the date of the receipt of the request for

examination or copying. If it is determined hy employees of the public

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

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

or independent public body corporate and politic shall so notify in writing

the person requesting to examine or copy the records and shall provide the

public records to the person no later than ten (10) working days following

the person's request.

(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 of the request for the public record.

(4) The notice of denial 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 of a record and

has chosen not to do so. The notice of denial or partial denial also shall

indicate the statutory authority for the denial and indicate clearly the

person's right to appeal the denial or partial denial and the time periods for

doing so. [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 of S.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 ofjudicial proceedings. the disclosure

ofwhich is prohibited by or under rules 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 to judicial 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 of firearms,

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 set forth in section 9-335,

Idaho Code.

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

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

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

governmental and private agencies and institutions conducting pertinent

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

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

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

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

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

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

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

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

the juvenile is enrolled or is seeking enrollment.

(3) Records of the custody review board of the IdalIo department of

juvenile corrections, including records containing the names, addresses and

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

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

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

(i) Records 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 of any victims or witnesses;

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

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

(v) Records of a 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 of persons or the public safety.

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

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

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

telecommunication systems.

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

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

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

those containing the names, addresses and written statements of victims.

(5) Voting records of the sexual offender classification board. In accordance with section 18-8315, Idaho Code, the written record of the 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 senate judiciary and rules committee, and the chairman

ofthe house ofrepresentatives judiciary, 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 of investigations prepared by the department of health and

welfare pursuant to its statutory responsibilities dealing with the protection

of children, the rehabilitation of youth, adoptions and the commitment of

mentally ill persons.

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

from investigations conducted into complaints ofdiscrimination made to the

Idaho human rights commission unless the public interest in allowing

inspection and copying of such records outweighs the legitimate public or

private interest in maintaining confidentiality ofsuch records. A person may

inspect and copy documents from an investigative file to which he or she is

a named party if such documents are not otherwise prohibited from

disclosure by federal law or regulation or state law. The confidentiality of

this subsection will no longer apply to any record used in any judicial

proceeding brought by a named party to the complaint or investigation, or

by the Idaho human rights commission, relating to the 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

behalf of employers or employees contained in underwriting and claims for

benefits files.

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

available:

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

industrial special indemnity fund of the state of Idaho; or
9-340B 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

ofthe Americans with disabilities act, 42 U.S.C. 12112, or other statutory

limitations, provided the employer presents a written authorization from

the person to whom the records pertain; or

(d) 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 of competent jurisdiction; or

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

from public disclosure, the quoting or discussing of medical 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 of a prisoner or former prisoner in the custody of any state

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

in the custody of any state or local correctional facility.

(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 of pardons and parole" following "department of correction" near the beginning,

deleted "or on parole" following "the department of correction" near the middle, and deleted. "or the commission of pardons 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 of law 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 of S.L. 1999, ch. 249 are

compiled as §§ 67~3001 through 67-3011 and

18-8306, respectively.

Section 3 of S.L. 2000, ch. 342 is compiled

as § 9-339.

Section 18 of S.L. 2000, ch. 469 is compiled

as § 9-335.

Section 2 ofS.L. 2001, ch. 48 is compiled as

§ 9-342.

Section 2 of S.L. 2002, ch. 136 is compiled

as § 72-1003.

Section 2 of S.L. 2003, ch. 164 is compiled

as § 20-533A.

Section 2 of S.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 of the investigatory records

exemption. Bolger v. 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 or former public official other than the public official's public service

or employment history, classification, pay grade and step, longevity, gross

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

personnel 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. A public 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 of assets of

the public employee retirement system of Idaho are not considered confidential under this chapter.

(3) Information and records submitted to the Idaho state lottery for the

performance of background investigations of employees, lottery retailers

and major procurement contractors; audit records of lottery retailers,

vendors and major procurement contractors submitted to or performed by

the Idaho state lottery; validation and security tests of the state lottery for

lottery games; business records and information submitted pursuant to

sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such

documents and information obtained and held for the purposes of lottery

security and investigative action as determined by lottery rules unless the

public interest in disclosure substantially outweighs the private need for

protection from public disclosure.

(4) Records of a 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

of public funds transactions conducted pursuant to law;

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

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

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

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

registered public obligations;

(e) Vital statistics records; and

(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 of the tax commission pursuant to a taxpayer protest of a

deficiency determination by the tax commission, under the provisions of

section 63-3045B, Idaho Code.

(6) Records of a personal nature related directly or indirectly to the

application for and provision of statutory services rendered to persons

applying for public care for 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 of firearms,

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 requirement for licensing,

certification, permit or bonding.

(9) Unless otherwise proyjded by agency rule, information obtained as

part of an inquiry into a person's fitness to be granted or retain a license,

certificate, permit, privilege, commission or position, private association

peer 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 of matters considered and their disposition.

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

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

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 of the department of health and welfare or a public health

district that identifY a person infected with a reportable disease.

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

drug orders, records or any other prescription information that specifically

identifies an individual patient, prescription records maintained by the

board of pharmacy under section 37-2730A, Idaho Code, records of psychiatric 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 of firearms, guns or ammunition.

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

chapter 16, title 72, Idaho Code.

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

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

Idaho Code.

(16) Records ofthe financial status of prisoners pursuant to subsection (2)

ofsection 20-607, Idaho Code.

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

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

databases and databanks.

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

resurvey or complaint investigation of a licensed nursing facility shall be

exempt from disclosure. Such records shall, however, be subject to disclosure
9-340C 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 of confidentiality,

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 of health 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 IHFA with regard

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

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

(c) Mortgage portfolio loan documents;

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

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

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

expenses, ofthe executive director, executive officers or commissioners of

the association. All other personnel information relating to an association

employee or applicant including, but not limited to, information regarding

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

applications, testing and scoring materials, grievances, correspondence,

retirement plan information and performance evaluations, shall not be

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

consent. An employee or authorized representative may inspect and copy

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

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

Idaho public records act.

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

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

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

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

order.

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

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

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

Code.

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

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

compilations created from such information and records.

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

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

consistent with 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 of birth and, upon showing of good cause by the voter to the

county clerk in consultation with the county prosecuting attorney, the

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

good cause shall include the protection oflife and property and protection of

victims ofdomestic violence and similar crimes. [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

of psychiatric 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 of pharmacy

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 by ch. 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 independent public 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 "department oflaw enforcement"; and

redesignated former subdivision lI9](18) as

present subdivision (19).

This section was amended by three 2003
9-340D EVIDENCE 836

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

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

ch. 189, § 3, effective July 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 of S.L. 1999, ch. 395 is compiled

as § 54-1604.

Sections 1 and 3 of S.L. 2000, ch. 194 are

compiled as §§ 37~2730A and 9·340G, respec~

tively.

Section 5 of S.L. 2000, ch. 332 is compiled

as § 54-1841.

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

as § 18~915.

Section 2 of S.L. 2002, ch. 329 is compiled

as §§ 57-2001-57-2007.

Section 1 of S.L. 2002, ch. 363 is compiled

as §§ 54-4901, 54-4902.

Section 1 of S.L. 2003, ch. 26 is compiled as

§ 65-301.

Section 2 of S.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

of Medicine, shall be the rules of practice and

procedure for the Board of Medicine,"

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 of promulgation 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 of this act shall be null, void

and of no force and effect on and after January I, 2008."

Section 18 of S.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 of a 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, computer program, device, method,

technique, process, or unpublished or in progress research that:

(a) Derives independent economic value, actual or potential, from not

being generally known to, and not being readily ascertainable by proper

means by other persons who can obtain economic value from its disclosure

or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to

maintain its secrecy.

(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 of a 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 of real property, timber or mineral

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

public body corporate and politic.

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

corporate and politic that details the cost of a public project until such time

as disclosed or bids are opened, or upon award of the contract for construction of the public project.

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

public body corporate and politic responsible for the regulation or supervision of financial institutions including, but not limited to, banks, savings

and loan associations, regulated lenders, business and industrial development corporations, credit unions, and insurance companies, or for the

regulation or supervision of the issuance of securities.

(6) Records gathered by a local agency or the Idaho department of

commerce, as described in chapter 47, title 67, Idaho Code, for the specific

purpose of assisting a person to locate, maintain, invest in, or expand

business operations in the state of Idaho.

(7) Shipping and marketing records of commodity commissions used to

evaluate marketing and advertising strategies and the names and addresses of growers and shippers maintained by commodity commissions.

(8) 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, that if a seed

crop has been identified as diseased or has been otherwise identified by the

Idaho department of agriculture, other state departments of agriculture, or

the United States department of agriculture to represent a threat to that

particular seed or commercial crop industry or to individual growers,

information as to test results, location, acreage involved and disease

symptoms of that particular seed crop, for that growing season, shall be

available for public inspection and copying. This exemption shall not

supersede the provisions of section 22-436, Idaho Code.

(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 of any risk retention or self-insurance program prepared in

anticipation of litigation or for analysis of or settlement of potential or

actual money damage claims against a public entity and its employees or

against the industrial special indemnity fund except as otherwise discoverable under the Idaho or federal rules of civil procedure. These records shall

include, but are not limited to, claims evaluations, investigatory records,

computerized reports of losses, case reserves) internal documents and

correspondence relating thereto. At the time any claim is concluded, only

statistical data and actual amounts paid in settlement shall be deemed a

public record unless otherwise ordered to be sealed by a court of competent

jurisdiction. Provided however, nothing in this subsection is intended to

limit the attorney client privilege or attorney work product privilege

otherwise available to any public agency 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 if used,

for regulatory purposes or its admissibility in any enforcement proceeding.

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

identifying electrical or natural or manufactured gas consumption data for

an individual customer or account.

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

environmental agency as defined in section 9-803, Idaho Code, which are

claimed to be confidential business information.

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

agency or independent public body corporate and politic for its own use. As

used in this subsection, "computer program" means a series of instructions

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

manner 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 of the program; or

(c) The mathematical or statistical formulas that would be used if the

manipulated forms of the original data were to be produced manually.

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

potato commission specifically relating to the enforcement of chapter 12,

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

provided by rules of the commission; purchase and sales information

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

and investigation or enforcement proceedings. Inactive investigatory

records shall be disclosed unless the disclosure would violate the standards

set forth in subsections (1)(a) through CD of section 9-335, Idaho Code.

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

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

admissibility in any enforcement proceeding.

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

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

25-3806, Idaho Code, except:

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

disclosure pursuant to this chapter; and

(b) Inspection reports, determinations of compliance or 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 or the 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 December 31, 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 of the 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 of documents, each labeled 'Environmental Audit Report' (or a substantive equivalent

label), and prepared as a result ofan 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 of an 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 or its contractors and/or subcontractors

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

ofthe judge, hearing officer and counsel shall

be held in confidence by those participating in

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 of S.L. 2000, ch. 342 is compiled

as § 9-341.

Section 1 of S.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 of S.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 of archaeological or geophysical sites or endangered species, if not already known to the

general public.

(2) Archaeological and geologic records concerning exploratory drilling,

logging, mining and 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 of a library, museum or archive which has been contributed by a private person, to the extent of any limitation that is a condition

of the contribution.

(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 might be 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 of placing 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 or
841 PUBLIC WRITINGS 9-340G

research agrees to waive the provisions of confidentiality provided by this

subsection.

(2) All papers, physical and electronic records and correspondence or

other supporting materials comprising the work papers in the possession of

the legislative services office or the director of legislative performance

evaluations prior to release ofthe related final audit and all other records or

materials in the possession ofthe legislative services office or the director of

legislative performance evaluations that would otherwise be confidential or

exempt from disclosure.

(3) Records consisting of draft congressional and legislative redistricting

plans and documents specifically related to such draft redistricting plans or

research requests submitted to the commission staff by a member of the

commission for reapportionment for the purpose of placing such draft

redistricting plan into form suitable for presentation to the full membership

of the commission, unless the individual commission member having

submitted or requested such plans or research agrees to waive the provisions of confidentiality 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 of the Idaho petroleum clean water

trust fund obtained pursuant to section 41-4905, 41-4909, 41-4911A, 41-

4912 or 41-4912A, Idaho Code. Provided however, that this subsection shall

not prevent the Idaho petroleum clean water trust fund's submittal to the

Idaho department of environmental quality, or other regulatory agencies of

information necessary to satisfy an insured's corrective action requirement

under applicable federal or state standards in the event of a release into the

environment from a petroleum storage tank; and provided further that

nothing in this subsection shall prevent the Idaho petroleum clean water

trust fund from providing auditing, reporting, or actuarial information as

otherwise required of it pursuant to section 41-4919, 41-4925A, 41-4928,

41-4930,41-4932,41-4937 or 41-4938, 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 of S.L. 1999,

ch. 30 is compiled as § 16-1623.

Section 2 of S.L. 2001, ch. 103 is compiled

as § 9·342A.

Section 2 of S.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 of court 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 regarding judicial authorization of a 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 of S.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 of the director in connection with an audit or

inspection under section 30-14-411(d), Idaho Code, or an investigation under

section 30-14-602, Idaho Code;

(2) A part of a record filed in connection with a registration statement

under section 30-14-301, Idaho Code, and sections 30-14-303 through

30-14-305, Idaho Code, or a record under section 30-14-411(d), Idaho Code,

that contains trade secrets or confidential information if the person filing

the registration statement or report has asserted a claim of confidentiality

or privilege that is authorized by law;

(3) A record that is not required to be provided to the director of the

department offinance or filed under chapter 14, title 30, Idaho Code, and is

provided to the director only on the condition that the record will not be

subject to public examination or disclosure;

(4) A nonpublic record received from a person specified in section 30-14-

608(a), Idaho Code; and

(5) Any social security number, residential address unless used as a

business address, and residential telephone number unless used as a

business telephone number, contained in a record that is filed pursuant to

chapter 14, title 30, Idaho Code. [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 of S.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.-

If any public record contains material which is not exempt from disclosure

as well as material which is exempt from disclosure, the public agency or

independent public body corporate and politic shall, upon receipt of a

request for disclosure, separate the exempt and nonexempt material and

make the nonexempt material available for examination, provided that a

denial of a request to copy nonexempt material in a public record shall not

be based upon the fact that such nonexempt material is contained in the

same public record as the exempt material. [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 of S.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 of a public agency or independent

public body corporate and politic pertaining to that person, even if the

record is otherwise exempt from public disclosure. .

(2) A person may request in writing an amendment of any record

pertaining to that person. Within ten (10) days ofthe receipt ofthe request,

the public agency or independent public body corporate and politic shall

either:

(a) Make any correction of any portion of the record which the person

establishes is not accurate, relevant, or complete; or

(b) Inform the person in writing of the refusal to amend in accordance

with the request and the reasons for the refusal, and indicate clearly the

person's right to appeal the refusal and the time period for doing so. The

procedures for appealing a refusal to amend shall be the same as those set

forth in sections 9-343 and 9-344, Idaho Code, and the court may award

reasonable costs and attorney's fees to the prevailing party or parties, ifit

finds that the request for amendment or refusal to amend was frivolously

pursued.

(3) The right to inspect and amend recoras pertaining to oneself does not

include the right to review:

(a) Otherwise exempt investigatory records of a public agency or independent public body corporate and politic if the investigation is ongoing;

(b) Information that is compiled in reasonable anticipation of a civil

action or proceeding 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 of a prisoner maintained by the state or local agency having

custody of the prisoner or formerly having custody of the prisoner or by

the commission of pardons 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 effective July 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 "if the

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 of S.L. 2000, ch. 368 are

compiled as §§ 9-337 and 20-223, respectively.

Section 1 of S.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 of investigatory 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 of the

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 of trade secrets, - (1) To the extent required by the federal

clean air act and the resource conservation and recovery act for state

primacy over any delegated or authorized programs, even if the record is

otherwise exempt from disclosure under chapter 3, title 9, Idaho Code, any

person may inspect and copy:

(a) Air pollution emission data;

(b) The content of any title V operating permit;

(c) The name and address of any applicant or permittee for a hazardous

waste treatment, storage, or disposal facility permit pursuant to chapter

44, title 39, Idaho Code; and

(d) Any other record required to be provided to or obtained by the

department of environmental quality pursuant to the federal clean air act

and the resource conservation and recovery act, and the implementing

state statutes, federal regulations and state rules, unless the record is a

trade secret.

(2) For purposes of this section, a record, o~ a portion of the record, is a

"trade secret" if the information contained in the record is a trade secret

within the meaning of the Idaho trade secrets act, sections 48-801, et seq.,

Idaho Code, including commercial or financial information which, if disclosed, could cause substantial competitive harm to the person from whom

the record was obtained.

(3) Any record, or portion of a record, provided to or obtained by the

department of environmental 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 of environmental quality:

(a) To any officer, employee, or authorized representative of the state or

the United States, under a continuing claim of confidentiality, as necessary to carry out the provisions ofstate or federal law, or when relevant to

any proceeding thereunder;

(b) As determined necessary by the director of the department of environmental quality (under a continuing confidentiality claim) to protect the

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 of the person from whom the record is obtained.
845 PUBLIC WRITINGS 9-342A

(5) It shall be the responsibility of any person providing a record to the

department of environmental quality to give notice of the existence of a

trade secret on each page or other portion of information at the time of

submittal and such person shall have the burden of demonstrating that the

information is a trade secret.

(6) Notwithstanding the time frames set forth in section 9-339(1), Idaho

Code, when a request is made to the department of environmental quality

pursuant to the provisions of this chapter for the disclosure of information

for which a trade secret claim has been made, and the information has not

been demonstrated to be a trade secret to the satisfaction of the director of

the department of environmental quality, within three (3) working days of

receipt ofthe request for the disclosure ofthe information the department of

environmental quality shall provide a written request for substantiation to

the person making the confidentiality claim. A response shall be submitted

to the department ofenvironmental quality by the person claiming the trade

secret protection within ten (10) working days after receipt ofthe request for

substantiation or the information subject to the claim shall be disclosed

without further notice. Upon receipt of a 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

of the response, the director of the department of environmental 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 of environmental quality shall inform the person making

the confidentiality claim ofthe determination. The decision shall be a final

agency action directly appealable, de novo, to the district court of the

county where the records or some part thereof are located. An appeal

contesting the decision ofthe director ofthe department of environmental

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 order has been issued finding that the information is not

a trade secret and all appeals of that order have been exhausted.

(7) In any appeal taken pursuant to this section, the court may award

reasonable costs and attorney's fees to the prevailing party if it finds the

claim of confidentiality or the decision of the director of the 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 of trade secrets; and
9-343 EVIDENCE 846

(b) Any other provisions necessary to carry out this section.

(9) AB it relates to the department of enviro"",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 of a

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 of S.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 of S.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 of a request for disclosure is to

institute proceedings in the district court ofthe county where the records or

some part thereof are located, to compel the public agency or 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

independent public body corporate and politic's decision shall be filed within

one hundred eighty (180) calendar days from the date of mailing of the

notice of denial or partial denial by the public agency or independent public

body corporate and politic. The time for responsive pleadings and for

hearings in such proceedings shall be set by the court at the earliest possible

time, or in no event beyond twenty-eight (28) calendar days from the date of

filing.

(2) The public agency 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 of documents and records for discovery in the normal

course ofjudicial 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.J
847 PUBLIC WRITINGS 9-346

Compiler's notes. Section 10 of S.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 of Attorney 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 of Health 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 if they are.subject to disclosure under the

laws or rules of evidence 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_ If the court determines that the public official was justified in

refusing to make the requested record available, he shall return the item to

the public official without disclosing its content and shall enter an order

supporting the decision refusing disclosure. In any such action, the court

shall award reasonable costs and attorney fees to the prevailing party or

parties, if it finds that the request or refusal to provide records was

frivolously pursued. [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. - If the court finds that a public official

has deliberately and in bad faith improperly refused a legitimate request for

inspection or copying, a civil penalty shall be assessed against the public

official in an amount not to exceed one thousand dollars ($1,000), which

shall be paid into the general account. [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 of a

public record governed by the provisions ofthis chapter ifthe 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.J
9-347 EVIDENCE 848

Compiler's notes. Section 9 of S.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

or independent public body corporate and politic shall adopt guidelines that

identifY the general subject matter of all 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 orsale ofmailing or telephone

number lists - Penalty. - (1) Except as provided in subsections (2), (3),

(4), (5), (6), (7), (8) and (9) of this section, in order to protect the privacy of

those who deal with public agencies or an independent public body corporate

and politic:

(a) No agency or independent public body corporate and politic may

distribute or sell for use as a mailing list or a telephone number list any

list of persons without first securing the permission of those on the list;

and

(b) No list of persons prepared by the agency or independent public body

corporate and politic may be used as a mailing list or a telephone number

list except by the agency or independent public body corporate and politic

or another agency without first securing the permission of those on the

list.

(2) Except as may be otherwise provided in this chapter, this section does

not prevent an individual from compiling a mailing list or a telephone

number list by examination or copying of public records, original documents

or applications which are otherwise open to public inspection.

(3) The provisions of this section do not apply to the lists of registered

electors compiled pursuant to title 34, Idaho Code, or to lists ofthe names of

employees governed by chapter 53, title 67, Idaho Code.

(4) The provisions of this section shall not apply to agencies which issue

occupational or professional licenses.

(5) This section does not apply to the right of access either by Idaho law

enforcement agencies or, by purchase or otherwise, of public records dealing

with motor vehicle registration.

(6) This section does not apply to a corporate information list developed

by the office of the secretary of state containing the name, address,

registered agent, officers and directors of corporations authorized to do

business in this state or to a business information list developed by the

department of commerce containing the name, address, telephone number

or other relevant information ofIdaho businesses or individuals requesting

information regarding the state of Idaho or to business lists developed by

the department of agriculture, 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) If a court finds that a person or public official has deliberately and in

bad faith violated the provisions of subsection (1)(b) of this section, the

person or public official shall be liable for a civil penalty assessed by the

court in an amount not in excess of one thousand dollars ($1,000) which

shall be paid into the general account. [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 of a public record or class of public records and is

located at a place other than this chapter shall be null, void and of no force

and effect regarding the confidentiality or closure of the public record and

such public record shall be open and available to the public for inspection as

provided in this chapter. [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

of S.L. 1992, ch. 279.

Section 1 of S.L. 1997, ch. 152 is compiled

as § 9-338.

Section 13 of S.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 if any provision ofthis act or the application of

such provision to any person or circumstance is declared invalid for any

reason, such declaratipn shall not affect the validity ofremaining 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

of S.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 of the act should take effect

July I, 1990.

Section 2 of S.L. 1993, ch. 389 declared an

emergency. Approved April 1. 1993.

Section.. 3 of S.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 of Idaho, and the state ofIdaho and

the taxpayers shall be deemed to have a copyright on the Idaho Code. If a

person reproduces or distributes the Idaho Code for the purpose of direct or

indirect commercial advantage, the person shall owe to the Idaho code

commission, as the agent ofthe state ofIdaho, a royalty fee in addition to the

fee charged for copying the Idaho Code. Any person who reproduces or

distributes the Idaho Code in violation ofthe provisions ofthis section, shall

be deemed to be an infringer ofthe 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 agent has custody ofthe

Idaho Code.

(2) A court having jurisdiction of a civil action arising under this section

may grant such relief as it deems appropriate. At any time while an action

under this section is pending, the court may order the impounding, on such

terms as it deems reasonable, of all copies claimed to have been made or

used in violation of the Idaho code commission's copyright pursuant to this

section.

(3) An infringer of the state of Idaho's copyright pursuant to this section

is liable for any profits the infringer has incurred by obtaining the Idaho

Code for commercial purposes or is liable for statutory damages as provided

in subsection (4) of this section.

(4) The Idaho code commission, as agent of the copyright owner, may

elect, 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) or more than ten thousand dollars ($10,000), as

the court considers just.

(5) In any civil action under this section, the court may allow the recovery

of full costs by or against any party and may also award reasonable

attorney's fees to the prevailing party as part of the costs.

(6) The Idaho code commission is hereby authorized to license and charge

fees for the use of the Idaho Code. The Idaho code commission may grant a

license for the use of the Idaho Code to a public agency in the state and

waive all or a portion 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