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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
540
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
THE
PUBLIC
RECORDS
ACT;
AMENDING
SECTION
74
-
105,
IDAHO
CODE,
TO
2
PROVIDE
THAT
CERTAIN
RECORDS
OF
THE
DEPARTMENT
OF
JUVENILE
CORRECTIONS
3
SHALL
BE
EXEMPT
FROM
DISCLOSURE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
4
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
74
-
105,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
74
-
105.
RECORDS
EXEMPT
FROM
DISCLOSURE
-
-
LAW
ENFORCEMENT
RECORDS,
9
INVESTIGATORY
RECORDS
OF
AGENCIES,
EVACUATION
AND
EMERGENCY
RESPONSE
PLANS,
10
WORKER'S
COMPENSATION.
The
following
records
are
exempt
from
disclosure:
1
1
(1)
Investigatory
records
of
a
law
enforcement
agency
as
defined
in
12
section
74
-
101(7),
Idaho
Code,
under
the
conditions
set
forth
in
section
13
74
-
124,
Idaho
Code.
14
(2)
Juvenile
records
of
a
person
maintained
pursuant
to
chapter
5,
15
title
20,
Idaho
Code,
except
that
facts
contained
in
such
records
shall
be
16
furnished
upon
request
in
a
manner
determined
by
the
court
to
persons
and
17
governmental
and
private
agencies
and
institutions
conducting
pertinent
18
research
studies
or
having
a
legitimate
interest
in
the
protection,
welfare
19
and
treatment
of
the
juvenile
who
is
thirteen
(13)
years
of
age
or
younger.
20
If
the
juvenile
is
petitioned
or
charged
with
an
offense
that
would
be
a
21
criminal
offense
if
committed
by
an
adult,
the
name,
offense
of
which
the
22
juvenile
was
petitioned
or
charged,
and
disposition
of
the
court
shall
be
23
subject
to
disclosure
as
provided
in
section
20
-
525,
Idaho
Code.
Addi
-
24
tionally,
facts
contained
in
any
records
of
a
juvenile
maintained
pursuant
25
to
chapter
5,
title
20,
Idaho
Code,
shall
be
furnished
upon
request
to
any
26
school
district
where
the
juvenile
is
enrolled
or
is
seeking
enrollment.
27
(3)
Records
of
the
custody
review
board
of
the
Idaho
department
of
ju
-
28
venile
corrections,
including
records
containing
the
names,
addresses
and
29
written
statements
of
victims
and
family
members
of
juveniles,
shall
be
ex
-
30
empt
from
public
disclosure
pursuant
to
section
20
-
533A,
Idaho
Code.
31
(4)(a)
The
following
records
of
the
department
of
correction
and
the
32
department
of
juvenile
corrections
:
33
(i)
Records
of
which
the
public
interest
in
confidentiality,
pub
-
34
lic
safety,
security
and
habilitation
clearly
outweighs
the
pub
-
35
lic
interest
in
disclosure
as
identified
pursuant
to
the
authority
36
of
the
state
board
of
correction
under
section
20
-
212,
Idaho
Code
,
37
or
the
authority
of
the
department
of
juvenile
corrections
under
38
section
20
-
504,
Idaho
Code
;
39
(ii)
Records
that
contain
any
identifying
information
or
any
in
-
40
formation
that
would
lead
to
the
identification
of
any
victims
or
41
witnesses;
42
2
(iii)
Records
that
reflect
future
transportation
or
movement
of
a
1
prisoner
or
juvenile
;
2
(iv)
Records
gathered
during
the
course
of
the
presentence
inves
-
3
tigation
or
records
gathered
during
the
observation
and
assess
-
4
ment
process
at
the
department
of
juvenile
corrections
;
and
5
(v)
Records
of
a
prisoner
as
defined
in
section
74
-
101(10),
Idaho
6
Code,
or
probationer
shall
not
be
disclosed
to
any
other
prisoner
7
or
probationer.
8
(b)
Records,
other
than
public
expenditure
records,
related
to
pro
-
9
posed
or
existing
critical
infrastructure
held
by
or
in
the
custody
10
of
any
public
agency
only
when
the
disclosure
of
such
information
is
1
1
reasonably
likely
to
jeopardize
the
safety
of
persons,
property
or
the
12
public
safety.
Such
records
may
include
emergency
evacuation,
escape
13
or
other
emergency
response
plans,
vulnerability
assessments,
oper
-
14
ation
and
security
manuals,
plans,
blueprints
or
security
codes.
For
15
purposes
of
this
paragraph,
"system"
includes
electrical,
computer
16
and
telecommunications
systems,
electric
power
(including
produc
-
17
tion,
generating,
transportation,
transmission
and
distribution),
and
18
heating,
ventilation,
and
air
conditioning.
For
purposes
of
this
sub
-
19
section,
"critical
infrastructure"
means
any
system
or
asset,
whether
20
physical
or
virtual,
so
vital
to
the
state
of
Idaho,
including
its
po
-
21
litical
subdivisions,
that
the
incapacity
or
destruction
of
such
system
22
or
asset
would
have
a
debilitating
impact
on
state
or
national
economic
23
security,
state
or
national
public
health
or
safety,
or
any
combination
24
of
those
matters.
25
(c)
Records
of
the
Idaho
commission
of
pardons
and
parole
shall
be
ex
-
26
empt
from
public
disclosure
pursuant
to
sections
20
-
1003
and
20
-
1005,
27
Idaho
Code.
Records
exempt
from
disclosure
shall
also
include
those
28
containing
the
names,
addresses
and
written
statements
of
victims.
29
(5)
Voting
records
of
the
former
sexual
offender
classification
board.
30
The
written
record
of
the
vote
to
classify
an
offender
as
a
violent
sexual
31
predator
by
each
board
member
in
each
case
reviewed
by
that
board
member
32
shall
be
exempt
from
disclosure
to
the
public
and
shall
be
made
available
33
upon
request
only
to
the
governor,
the
chairman
of
the
senate
judiciary
and
34
rules
committee,
and
the
chairman
of
the
house
of
representatives
judiciary,
35
rules
and
administration
committee
for
all
lawful
purposes.
36
(6)
Records
of
the
sheriff
or
Idaho
state
police
received
or
maintained
37
pursuant
to
sections
18
-
3302,
18
-
3302H
and
18
-
3302K,
Idaho
Code,
relating
38
to
an
applicant
or
licensee,
except
that
any
law
enforcement
officer
and
law
39
enforcement
agency,
whether
inside
or
outside
the
state
of
Idaho,
may
access
40
information
maintained
in
the
license
record
system
as
set
forth
in
section
41
18
-
3302K(16),
Idaho
Code.
42
(7)
Records
of
investigations
prepared
by
the
department
of
health
and
43
welfare
pursuant
to
its
statutory
responsibilities
dealing
with
the
protec
-
44
tion
of
children,
the
rehabilitation
of
youth,
adoptions
and
the
commitment
45
of
mentally
ill
persons.
For
reasons
of
health
and
safety,
best
interests
of
46
the
child
or
public
interest,
the
department
of
health
and
welfare
may
pro
-
47
vide
for
the
disclosure
of
records
of
investigations
associated
with
actions
48
pursuant
to
the
provisions
of
chapter
16,
title
16,
Idaho
Code,
prepared
by
49
the
department
of
health
and
welfare
pursuant
to
its
statutory
responsibil
-
50
3
ities
dealing
with
the
protection
of
children,
except
any
such
records
re
-
1
garding
adoptions
shall
remain
exempt
from
disclosure.
2
(8)
Records,
including
but
not
limited
to
investigative
reports,
re
-
3
sulting
from
investigations
conducted
into
complaints
of
discrimination
4
made
to
the
Idaho
human
rights
commission,
unless
the
public
interest
in
5
allowing
inspection
and
copying
of
such
records
outweighs
the
legitimate
6
public
or
private
interest
in
maintaining
confidentiality
of
such
records.
7
A
person
may
inspect
and
copy
documents
from
an
investigative
file
to
which
8
he
or
she
is
a
named
party
if
such
documents
are
not
otherwise
prohibited
from
9
disclosure
by
federal
law
or
regulation
or
state
law.
The
confidentiality
of
10
this
subsection
will
no
longer
apply
to
any
record
used
in
any
judicial
pro
-
1
1
ceeding
brought
by
a
named
party
to
the
complaint
or
investigation,
or
by
the
12
Idaho
human
rights
commission,
relating
to
the
complaint
of
discrimination.
13
(9)
Records
containing
information
obtained
by
the
manager
of
the
Idaho
14
state
insurance
fund
pursuant
to
chapter
9,
title
72,
Idaho
Code,
from
or
on
15
behalf
of
employers
or
employees
contained
in
underwriting
and
claims
for
16
benefits
files.
17
(10)
(a)
The
worker's
compensation
records
of
the
Idaho
industrial
18
commission,
provided
that
the
industrial
commission
shall
make
such
19
records
available:
20
(a)
(i)
To
the
parties
in
any
worker's
compensation
claim
and
to
21
the
industrial
special
indemnity
fund
of
the
state
of
Idaho;
or
22
(b)
(ii)
To
employers
and
prospective
employers
subject
to
the
23
provisions
of
the
Americans
with
disabilities
act,
42
U.S.C.
24
12112,
or
other
statutory
limitations,
who
certify
that
the
in
-
25
formation
is
being
requested
with
respect
to
a
worker
to
whom
the
26
employer
has
extended
an
offer
of
employment
and
will
be
used
in
27
accordance
with
the
provisions
of
the
Americans
with
disabilities
28
act,
42
U.S.C.
12112,
or
other
statutory
limitations;
or
29
(c)
(iii)
To
employers
and
prospective
employers
not
subject
to
30
the
provisions
of
the
Americans
with
disabilities
act,
42
U.S.C.
31
12112,
or
other
statutory
limitations,
provided
the
employer
32
presents
a
written
authorization
from
the
person
to
whom
the
33
records
pertain;
or
34
(d)
(iv)
To
others
who
demonstrate
that
the
public
interest
in
al
-
35
lowing
inspection
and
copying
of
such
records
outweighs
the
pub
-
36
lic
or
private
interest
in
maintaining
the
confidentiality
of
such
37
records,
as
determined
by
a
civil
court
of
competent
jurisdiction
;
38
or
.
39
(e)
(b)
Although
a
claimant's
records
maintained
by
the
industrial
com
-
40
mission,
including
medical
and
rehabilitation
records,
are
otherwise
41
exempt
from
public
disclosure,
the
quoting
or
discussing
of
medical
42
or
rehabilitation
records
contained
in
the
industrial
commission's
43
records
during
a
hearing
for
compensation
or
in
a
written
decision
is
-
44
sued
by
the
industrial
commission
shall
be
permitted;
provided
further,
45
the
true
identification
of
the
parties
shall
not
be
exempt
from
public
46
disclosure
in
any
written
decision
issued
and
released
to
the
public
by
47
the
industrial
commission.
48
4
(11)
Records
of
investigations
compiled
by
the
commission
on
aging
in
-
1
volving
vulnerable
adults
as
defined
in
section
18
-
1505,
Idaho
Code,
alleged
2
to
be
abused,
neglected
or
exploited.
3
(12)
Criminal
history
records
and
fingerprints
as
defined
in
section
4
67
-
3001,
Idaho
Code,
and
compiled
by
the
Idaho
state
police.
Such
records
5
shall
be
released
only
in
accordance
with
chapter
30,
title
67,
Idaho
Code.
6
(13)
Records
furnished
or
obtained
pursuant
to
section
41
-
1019,
Idaho
7
Code,
regarding
termination
of
an
appointment,
employment,
contract
or
8
other
insurance
business
relationship
between
an
insurer
and
a
producer.
9
(14)
Records
of
a
prisoner
or
former
prisoner
in
the
custody
of
any
state
10
or
local
correctional
facility,
when
the
request
is
made
by
another
prisoner
1
1
in
the
custody
of
any
state
or
local
correctional
facility.
12
(15)
Except
as
provided
in
section
72
-
1007,
Idaho
Code,
records
of
the
13
Idaho
industrial
commission
relating
to
compensation
for
crime
victims
pur
-
14
suant
to
chapter
10,
title
72,
Idaho
Code.
15
(16)
Records
or
information
identifying
a
complainant
maintained
by
the
16
department
of
health
and
welfare
pursuant
to
section
39
-
3556,
Idaho
Code,
17
relating
to
certified
family
homes,
unless
the
complainant
consents
in
writ
-
18
ing
to
the
disclosure
or
the
disclosure
of
the
complainant's
identity
is
re
-
19
quired
in
any
administrative
or
judicial
proceeding.
20
(17)
Records
of
any
certification
or
notification
required
by
federal
21
law
to
be
made
in
connection
with
the
acquisition
or
transfer
of
a
firearm,
22
including
a
firearm
as
defined
in
26
U.S.C.
5845(a).
23
(18)
Records
of
the
office
of
the
state
public
defender
and
the
office
of
24
the
state
appellate
public
defender
containing
information
protected
or
ex
-
25
empted
from
disclosure
under
the
rules
adopted
by
the
Idaho
supreme
court,
26
attorney
work
product,
attorney
-
client
privileged
communication,
records
27
containing
confidential
information
from
an
individual
about
his
criminal
28
case
or
performance
of
his
attorney,
or
confidential
information
about
an
29
inquiry
into
an
attorney's
fitness
to
represent
indigent
defendants.
30
(19)
Records
and
information
received
by
the
office
of
the
state
con
-
31
troller
from
any
local
government,
state
agency
and
department,
or
volunteer
32
nongovernmental
entity
for
purposes
of
entry
into
the
criminal
justice
33
integrated
data
system
pursuant
to
section
19
-
4803,
Idaho
Code,
and
all
34
records
created
by
persons
authorized
to
research
and
analyze
information
35
entered
into
the
criminal
justice
integrated
data
system,
regardless
of
36
whether
such
records
were
previously
exempted
from
disclosure
or
redacted
37
pursuant
to
state
or
federal
law
or
court
order.
This
exemption
does
not
38
apply
to
projects,
reports,
and
data
analyses
approved
for
release
by
the
39
data
oversight
council
and
issued
by
persons
authorized
to
conduct
research
40
and
analysis
as
set
forth
in
chapter
48,
title
19,
Idaho
Code.
Records
and
41
information
relating
to
the
management
of
the
criminal
justice
integrated
42
data
system
shall
not
be
exempt
from
disclosure
except
as
otherwise
provided
43
in
law.
44
(20)
Records
that
contain
any
identifying
information
or
any
informa
-
45
tion
that
could
lead
to
the
identification
of
any
persons
or
entities
that
46
participate
in
or
assist
with
an
execution
of
a
death
sentence
as
described
47
in
section
19
-
2716A,
Idaho
Code.
48
(21)
Records,
other
than
public
expenditure
records,
relating
to
49
the
nature,
location,
or
function
of
cybersecurity
devices,
programs,
or
50
5
systems
designed
to
protect
computer,
information
technology,
or
communica
-
1
tions
systems
against
terrorist
or
other
attacks.
2
(22)
Any
index,
report,
or
records
of
any
person
arrested
for,
prose
-
3
cuted
for,
or
convicted
of
a
crime
in
this
state
who
has
successfully
peti
-
4
tioned
a
court
to
have
his
records
shielded
from
disclosure
pursuant
to
sec
-
5
tion
67
-
3004(11),
Idaho
Code.
6
(23)
Any
record
of
an
unlawful
detainer
under
section
6
-
303,
Idaho
Code,
7
if
shielded
by
the
court
pursuant
to
section
6
-
303A,
Idaho
Code.
8
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
9
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
10
July
1,
2026.
1
1