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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.
900
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
AFFAIRS;
AMENDING
CHAPTER
57,
TITLE
67,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
SECTION
67
-
5775A,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
PRIVATE
INSURANCE
COVERAGE
AND
CLAIMS
FOR
STATE
PROPERTY;
4
AMENDING
SECTION
67
-
1085,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
5
REPORTING
OF
AGREEMENTS
ENTERED
INTO
BY
STATE
OFFICERS
OR
STATE
AGEN
-
6
CIES;
AMENDING
SECTION
74
-
105,
IDAHO
CODE,
TO
EXEMPT
CERTAIN
RECORDS
7
FROM
DISCLOSURE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
8
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Chapter
57,
Title
67,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
67
-
5775A,
Idaho
Code,
and
to
read
as
follows:
13
67
-
5775A.
PRIVATE
INSURANCE
COVERAGE
AND
CLAIMS
FOR
STATE
PROP
-
14
ERTY.
(1)
In
the
event
of
damage
to
or
loss
of
state
property
that
results
in
15
the
state
filing
a
formal
claim
with
a
private
insurer,
the
following
shall
16
be
completed
prior
to
the
state's
acceptance
of
any
settlement
offer
or
pay
-
17
out
for
a
property
claim
or
damage
exceeding
one
hundred
thousand
dollars
18
($100,000):
19
(a)
Procurement
of
law
enforcement
reports,
surveillance
footage,
or
20
eyewitness
statements
confirming
any
third
-
party
liability,
if
appli
-
21
cable;
22
(b)
Assessment
of
damages
conducted
by
a
state
engineer,
certified
ap
-
23
praiser,
or
independent
adjuster
with
valuations
based
on
prevailing
24
market
replacement
costs
at
the
time
of
the
loss,
regardless
of
whether
25
the
state
utilizes
internal
inventory
or
state
-
contracted
pricing
to
26
effectuate
the
repair,
including:
27
(i)
All
recoverable
soft
costs,
including
but
not
limited
to
ar
-
28
chitectural
and
engineering
fees,
project
management
oversight,
29
specialized
permit
fees,
and
the
cost
of
temporary
relocation
or
30
bypass
measures
required
to
maintain
state
services
during
the
re
-
31
pair
period;
and
32
(ii)
All
costs
associated
with
ordinance
or
law
requirements.
33
If
the
repair
of
state
property
triggers
a
mandatory
upgrade
to
34
meet
current
building,
safety,
or
environmental
codes,
such
costs
35
shall
be
documented
and
included
as
a
mandatory
component
of
the
36
claim.
37
(c)
Review
of
the
insurance
policy
limits
and
exclusions
to
ensure
the
38
state
is
pursuing
the
maximum
possible
recovery
across
all
possible
39
payout
scenarios;
and
40
(d)
Verification
that
no
other
secondary
insurance
or
bonds
are
avail
-
41
able
to
cover
the
loss.
42
2
(2)
After
completing
the
requirements
provided
in
subsection
(1)
of
1
this
section,
the
director
shall
provide
a
report
of
the
findings
to
the
2
affected
agency
director
or
administrator
and
any
state
board
or
commission
3
with
administrative
authority
over
the
affected
agency.
The
report
re
-
4
quired
in
this
section
shall
be
exempt
from
disclosure
as
provided
in
section
5
74
-
105,
Idaho
Code.
Legislators
may
review
a
copy
of
the
report
with
the
6
expectation
that
it
shall
remain
confidential
until
a
settlement
is
reached
7
or
the
claim
is
otherwise
closed.
8
(3)
The
affected
agency
shall
have
the
right
to
perform
or
contract
for
9
an
independent
appraisal
or
engineering
assessment
of
the
damage
to
ensure
10
the
settlement
is
sufficient
to
restore
the
property
to
its
prior
utility
and
1
1
value.
12
(4)
The
director
shall
pursue
the
maximum
possible
recovery
across
all
13
payout
scenarios
under
the
terms
and
conditions
of
all
applicable
private
14
insurance
policies.
15
(5)
Following
receipt
of
a
proposed
final
settlement
agreement
from
16
the
insurance
company,
the
director
shall
report
such
proposed
settlement
17
agreement
to
the
state
controller
for
publication
as
required
in
section
18
67
-
1085,
Idaho
Code,
at
least
fourteen
(14)
days
prior
to
accepting
such
19
settlement
agreement.
Upon
acceptance
of
a
final
settlement
agreement,
the
20
director
shall
notify
the
state
controller
if
the
accepted
final
settlement
21
agreement
differs
from
the
proposed
final
settlement
agreement
and
shall
22
report
the
updated
settlement
agreement
to
the
state
controller
for
publica
-
23
tion
pursuant
to
section
67
-
1085,
Idaho
Code.
24
(6)
No
settlement
agreement
shall
be
finalized
and
no
release
shall
25
be
signed
by
the
director
without
the
written
concurrence
of
the
affected
26
agency
director,
administrator,
board,
or
commission
confirming
that
the
27
payout
meets
the
maximum
amount
of
funds
available
to
the
state.
If
the
di
-
28
rector
and
the
affected
agency
cannot
reach
an
agreement
on
the
adequacy
of
29
a
settlement
agreement,
the
matter
shall
be
referred
to
the
state
board
of
30
examiners
for
final
determination.
31
(7)
If
acceptance
of
a
settlement
agreement
creates
conditions
for
32
other
operational
changes
for
an
agency,
including
but
not
limited
to
the
33
sale
of
the
damaged
property
or
the
transfer
of
state
activities
to
another
34
location,
then
the
affected
agency
shall
hold
a
public
hearing
where:
35
(a)
The
published
agenda
for
the
hearing
shall
include
proposed
opera
-
36
tional
changes;
37
(b)
The
affected
agency
shall
present
the
proposed
operational
changes
38
and
accept
public
comment;
and
39
(c)
The
affected
agency
shall
notify
the
legislature
of
any
operational
40
changes
adopted
by
the
agency
within
seven
(7)
days
of
the
decision.
41
SECTION
2.
That
Section
67
-
1085,
Idaho
Code,
be,
and
the
same
is
hereby
42
amended
to
read
as
follows:
43
67
-
1085.
AGREEMENTS
ENTERED
INTO
BY
STATE
OFFICERS
OR
STATE
AGEN
-
44
CIES
-
-
REPORTING.
(1)
For
purposes
of
this
section,
"state
agency"
means
45
any
state
officer,
department,
division,
bureau,
or
agency
of
the
state
of
46
Idaho.
All
state
officers
and
departments,
divisions,
bureaus,
and
agen
-
47
cies
of
the
state
of
Idaho
agencies
shall
report
to
the
state
controller
any
48
agreement
entered
into,
including
any
memorandum
of
agreement
or
memorandum
49
3
of
understanding,
within
ten
(10)
days
of
the
state
officer
or
department,
1
division,
bureau,
or
agency
entering
into
such
agreement.
The
state
con
-
2
troller
shall
store,
maintain,
and
publish
a
current
list
of
all
such
agree
-
3
ments,
as
provided
in
section
67
-
1001(20),
Idaho
Code.
Agreements
shall
be
4
reported
pursuant
to
the
provisions
of
section
67
-
1085A,
Idaho
Code.
5
(2)
All
state
agencies
shall
report
to
the
state
controller
any
pro
-
6
posed
final
insurance
settlement
agreements
entered
into
as
provided
in
sec
-
7
tion
67
-
5775A,
Idaho
Code.
8
SECTION
3.
That
Section
74
-
105,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
74
-
105.
RECORDS
EXEMPT
FROM
DISCLOSURE
-
-
LAW
ENFORCEMENT
RECORDS,
1
1
INVESTIGATORY
RECORDS
OF
AGENCIES,
EVACUATION
AND
EMERGENCY
RESPONSE
PLANS,
12
WORKER'S
COMPENSATION.
The
following
records
are
exempt
from
disclosure:
13
(1)
Investigatory
records
of
a
law
enforcement
agency
as
defined
in
14
section
74
-
101(7),
Idaho
Code,
under
the
conditions
set
forth
in
section
15
74
-
124,
Idaho
Code.
16
(2)
Juvenile
records
of
a
person
maintained
pursuant
to
chapter
5,
17
title
20,
Idaho
Code,
except
that
facts
contained
in
such
records
shall
be
18
furnished
upon
request
in
a
manner
determined
by
the
court
to
persons
and
19
governmental
and
private
agencies
and
institutions
conducting
pertinent
20
research
studies
or
having
a
legitimate
interest
in
the
protection,
welfare
21
and
treatment
of
the
juvenile
who
is
thirteen
(13)
years
of
age
or
younger.
22
If
the
juvenile
is
petitioned
or
charged
with
an
offense
that
would
be
a
23
criminal
offense
if
committed
by
an
adult,
the
name,
offense
of
which
the
24
juvenile
was
petitioned
or
charged,
and
disposition
of
the
court
shall
be
25
subject
to
disclosure
as
provided
in
section
20
-
525,
Idaho
Code.
Addi
-
26
tionally,
facts
contained
in
any
records
of
a
juvenile
maintained
pursuant
27
to
chapter
5,
title
20,
Idaho
Code,
shall
be
furnished
upon
request
to
any
28
school
district
where
the
juvenile
is
enrolled
or
is
seeking
enrollment.
29
(3)
Records
of
the
custody
review
board
of
the
Idaho
department
of
ju
-
30
venile
corrections,
including
records
containing
the
names,
addresses
and
31
written
statements
of
victims
and
family
members
of
juveniles,
shall
be
ex
-
32
empt
from
public
disclosure
pursuant
to
section
20
-
533A,
Idaho
Code.
33
(4)(a)
The
following
records
of
the
department
of
correction:
34
(i)
Records
of
which
the
public
interest
in
confidentiality,
pub
-
35
lic
safety,
security
and
habilitation
clearly
outweighs
the
pub
-
36
lic
interest
in
disclosure
as
identified
pursuant
to
the
authority
37
of
the
state
board
of
correction
under
section
20
-
212,
Idaho
Code;
38
(ii)
Records
that
contain
any
identifying
information
or
any
in
-
39
formation
that
would
lead
to
the
identification
of
any
victims
or
40
witnesses;
41
(iii)
Records
that
reflect
future
transportation
or
movement
of
a
42
prisoner;
43
(iv)
Records
gathered
during
the
course
of
the
presentence
inves
-
44
tigation;
and
45
(v)
Records
of
a
prisoner
as
defined
in
section
74
-
101(10),
Idaho
46
Code,
or
probationer
shall
not
be
disclosed
to
any
other
prisoner
47
or
probationer.
48
4
(b)
Records,
other
than
public
expenditure
records,
related
to
pro
-
1
posed
or
existing
critical
infrastructure
held
by
or
in
the
custody
2
of
any
public
agency
only
when
the
disclosure
of
such
information
is
3
reasonably
likely
to
jeopardize
the
safety
of
persons,
property
or
the
4
public
safety.
Such
records
may
include
emergency
evacuation,
escape
5
or
other
emergency
response
plans,
vulnerability
assessments,
oper
-
6
ation
and
security
manuals,
plans,
blueprints
or
security
codes.
For
7
purposes
of
this
paragraph,
"system"
includes
electrical,
computer
8
and
telecommunications
systems,
electric
power
(including
produc
-
9
tion,
generating,
transportation,
transmission
and
distribution),
and
10
heating,
ventilation,
and
air
conditioning.
For
purposes
of
this
sub
-
1
1
section,
"critical
infrastructure"
means
any
system
or
asset,
whether
12
physical
or
virtual,
so
vital
to
the
state
of
Idaho,
including
its
po
-
13
litical
subdivisions,
that
the
incapacity
or
destruction
of
such
system
14
or
asset
would
have
a
debilitating
impact
on
state
or
national
economic
15
security,
state
or
national
public
health
or
safety,
or
any
combination
16
of
those
matters.
17
(c)
Records
of
the
Idaho
commission
of
pardons
and
parole
shall
be
ex
-
18
empt
from
public
disclosure
pursuant
to
sections
20
-
1003
and
20
-
1005,
19
Idaho
Code.
Records
exempt
from
disclosure
shall
also
include
those
20
containing
the
names,
addresses
and
written
statements
of
victims.
21
(5)
Voting
records
of
the
former
sexual
offender
classification
board.
22
The
written
record
of
the
vote
to
classify
an
offender
as
a
violent
sexual
23
predator
by
each
board
member
in
each
case
reviewed
by
that
board
member
24
shall
be
exempt
from
disclosure
to
the
public
and
shall
be
made
available
25
upon
request
only
to
the
governor,
the
chairman
of
the
senate
judiciary
and
26
rules
committee,
and
the
chairman
of
the
house
of
representatives
judiciary,
27
rules
and
administration
committee
for
all
lawful
purposes.
28
(6)
Records
of
the
sheriff
or
Idaho
state
police
received
or
maintained
29
pursuant
to
sections
18
-
3302,
18
-
3302H
and
18
-
3302K,
Idaho
Code,
relating
30
to
an
applicant
or
licensee,
except
that
any
law
enforcement
officer
and
law
31
enforcement
agency,
whether
inside
or
outside
the
state
of
Idaho,
may
access
32
information
maintained
in
the
license
record
system
as
set
forth
in
section
33
18
-
3302K(16),
Idaho
Code.
34
(7)
Records
of
investigations
prepared
by
the
department
of
health
and
35
welfare
pursuant
to
its
statutory
responsibilities
dealing
with
the
protec
-
36
tion
of
children,
the
rehabilitation
of
youth,
adoptions
and
the
commitment
37
of
mentally
ill
persons.
For
reasons
of
health
and
safety,
best
interests
of
38
the
child
or
public
interest,
the
department
of
health
and
welfare
may
pro
-
39
vide
for
the
disclosure
of
records
of
investigations
associated
with
actions
40
pursuant
to
the
provisions
of
chapter
16,
title
16,
Idaho
Code,
prepared
by
41
the
department
of
health
and
welfare
pursuant
to
its
statutory
responsibil
-
42
ities
dealing
with
the
protection
of
children,
except
any
such
records
re
-
43
garding
adoptions
shall
remain
exempt
from
disclosure.
44
(8)
Records,
including
but
not
limited
to
investigative
reports,
re
-
45
sulting
from
investigations
conducted
into
complaints
of
discrimination
46
made
to
the
Idaho
human
rights
commission,
unless
the
public
interest
in
47
allowing
inspection
and
copying
of
such
records
outweighs
the
legitimate
48
public
or
private
interest
in
maintaining
confidentiality
of
such
records.
49
A
person
may
inspect
and
copy
documents
from
an
investigative
file
to
which
50
5
he
or
she
is
a
named
party
if
such
documents
are
not
otherwise
prohibited
from
1
disclosure
by
federal
law
or
regulation
or
state
law.
The
confidentiality
of
2
this
subsection
will
no
longer
apply
to
any
record
used
in
any
judicial
pro
-
3
ceeding
brought
by
a
named
party
to
the
complaint
or
investigation,
or
by
the
4
Idaho
human
rights
commission,
relating
to
the
complaint
of
discrimination.
5
(9)
Records
containing
information
obtained
by
the
manager
of
the
Idaho
6
state
insurance
fund
pursuant
to
chapter
9,
title
72,
Idaho
Code,
from
or
on
7
behalf
of
employers
or
employees
contained
in
underwriting
and
claims
for
8
benefits
files.
9
(10)
The
worker's
compensation
records
of
the
Idaho
industrial
commis
-
10
sion,
provided
that
the
industrial
commission
shall
make
such
records
avail
-
1
1
able:
12
(a)
To
the
parties
in
any
worker's
compensation
claim
and
to
the
indus
-
13
trial
special
indemnity
fund
of
the
state
of
Idaho;
or
14
(b)
To
employers
and
prospective
employers
subject
to
the
provisions
of
15
the
Americans
with
disabilities
act,
42
U.S.C.
12112,
or
other
statu
-
16
tory
limitations,
who
certify
that
the
information
is
being
requested
17
with
respect
to
a
worker
to
whom
the
employer
has
extended
an
offer
of
18
employment
and
will
be
used
in
accordance
with
the
provisions
of
the
19
Americans
with
disabilities
act,
42
U.S.C.
12112,
or
other
statutory
20
limitations;
or
21
(c)
To
employers
and
prospective
employers
not
subject
to
the
provi
-
22
sions
of
the
Americans
with
disabilities
act,
42
U.S.C.
12112,
or
other
23
statutory
limitations,
provided
the
employer
presents
a
written
autho
-
24
rization
from
the
person
to
whom
the
records
pertain;
or
25
(d)
To
others
who
demonstrate
that
the
public
interest
in
allowing
in
-
26
spection
and
copying
of
such
records
outweighs
the
public
or
private
in
-
27
terest
in
maintaining
the
confidentiality
of
such
records,
as
deter
-
28
mined
by
a
civil
court
of
competent
jurisdiction;
or
29
(e)
Although
a
claimant's
records
maintained
by
the
industrial
commis
-
30
sion,
including
medical
and
rehabilitation
records,
are
otherwise
ex
-
31
empt
from
public
disclosure,
the
quoting
or
discussing
of
medical
or
re
-
32
habilitation
records
contained
in
the
industrial
commission's
records
33
during
a
hearing
for
compensation
or
in
a
written
decision
issued
by
the
34
industrial
commission
shall
be
permitted;
provided
further,
the
true
35
identification
of
the
parties
shall
not
be
exempt
from
public
disclo
-
36
sure
in
any
written
decision
issued
and
released
to
the
public
by
the
in
-
37
dustrial
commission.
38
(11)
Records
of
investigations
compiled
by
the
commission
on
aging
in
-
39
volving
vulnerable
adults
as
defined
in
section
18
-
1505,
Idaho
Code,
alleged
40
to
be
abused,
neglected
or
exploited.
41
(12)
Criminal
history
records
and
fingerprints
as
defined
in
section
42
67
-
3001,
Idaho
Code,
and
compiled
by
the
Idaho
state
police.
Such
records
43
shall
be
released
only
in
accordance
with
chapter
30,
title
67,
Idaho
Code.
44
(13)
Records
furnished
or
obtained
pursuant
to
section
41
-
1019,
Idaho
45
Code,
regarding
termination
of
an
appointment,
employment,
contract
or
46
other
insurance
business
relationship
between
an
insurer
and
a
producer.
47
(14)
Records
of
a
prisoner
or
former
prisoner
in
the
custody
of
any
state
48
or
local
correctional
facility,
when
the
request
is
made
by
another
prisoner
49
in
the
custody
of
any
state
or
local
correctional
facility.
50
6
(15)
Except
as
provided
in
section
72
-
1007,
Idaho
Code,
records
of
the
1
Idaho
industrial
commission
relating
to
compensation
for
crime
victims
pur
-
2
suant
to
chapter
10,
title
72,
Idaho
Code.
3
(16)
Records
or
information
identifying
a
complainant
maintained
by
the
4
department
of
health
and
welfare
pursuant
to
section
39
-
3556,
Idaho
Code,
5
relating
to
certified
family
homes,
unless
the
complainant
consents
in
writ
-
6
ing
to
the
disclosure
or
the
disclosure
of
the
complainant's
identity
is
re
-
7
quired
in
any
administrative
or
judicial
proceeding.
8
(17)
Records
of
any
certification
or
notification
required
by
federal
9
law
to
be
made
in
connection
with
the
acquisition
or
transfer
of
a
firearm,
10
including
a
firearm
as
defined
in
26
U.S.C.
5845(a).
1
1
(18)
Records
of
the
office
of
the
state
public
defender
and
the
office
of
12
the
state
appellate
public
defender
containing
information
protected
or
ex
-
13
empted
from
disclosure
under
the
rules
adopted
by
the
Idaho
supreme
court,
14
attorney
work
product,
attorney
-
client
privileged
communication,
records
15
containing
confidential
information
from
an
individual
about
his
criminal
16
case
or
performance
of
his
attorney,
or
confidential
information
about
an
17
inquiry
into
an
attorney's
fitness
to
represent
indigent
defendants.
18
(19)
Records
and
information
received
by
the
office
of
the
state
con
-
19
troller
from
any
local
government,
state
agency
and
department,
or
volunteer
20
nongovernmental
entity
for
purposes
of
entry
into
the
criminal
justice
21
integrated
data
system
pursuant
to
section
19
-
4803,
Idaho
Code,
and
all
22
records
created
by
persons
authorized
to
research
and
analyze
information
23
entered
into
the
criminal
justice
integrated
data
system,
regardless
of
24
whether
such
records
were
previously
exempted
from
disclosure
or
redacted
25
pursuant
to
state
or
federal
law
or
court
order.
This
exemption
does
not
26
apply
to
projects,
reports,
and
data
analyses
approved
for
release
by
the
27
data
oversight
council
and
issued
by
persons
authorized
to
conduct
research
28
and
analysis
as
set
forth
in
chapter
48,
title
19,
Idaho
Code.
Records
and
29
information
relating
to
the
management
of
the
criminal
justice
integrated
30
data
system
shall
not
be
exempt
from
disclosure
except
as
otherwise
provided
31
in
law.
32
(20)
Records
that
contain
any
identifying
information
or
any
informa
-
33
tion
that
could
lead
to
the
identification
of
any
persons
or
entities
that
34
participate
in
or
assist
with
an
execution
of
a
death
sentence
as
described
35
in
section
19
-
2716A,
Idaho
Code.
36
(21)
Records,
other
than
public
expenditure
records,
relating
to
37
the
nature,
location,
or
function
of
cybersecurity
devices,
programs,
or
38
systems
designed
to
protect
computer,
information
technology,
or
communica
-
39
tions
systems
against
terrorist
or
other
attacks.
40
(22)
Any
index,
report,
or
records
of
any
person
arrested
for,
prose
-
41
cuted
for,
or
convicted
of
a
crime
in
this
state
who
has
successfully
peti
-
42
tioned
a
court
to
have
his
records
shielded
from
disclosure
pursuant
to
sec
-
43
tion
67
-
3004(11),
Idaho
Code.
44
(23)
Any
record
of
an
unlawful
detainer
under
section
6
-
303,
Idaho
Code,
45
if
shielded
by
the
court
pursuant
to
section
6
-
303A,
Idaho
Code.
46
(24)
The
report
required
in
section
67
-
5775A,
Idaho
Code,
until
a
set
-
47
tlement
is
reached
or
the
claim
is
otherwise
closed.
48
7
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3