Amends and adds to existing law to revise provisions regarding agreements by state agencies, to exempt certain records from disclosure, and to establish provisions regarding private insurance coverage and claims for state property.

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 ACT1 RELATING TO STATE AFFAIRS; AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE2 ADDITION OF A NEW SECTION 67-5775A, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING PRIVATE INSURANCE COVERAGE AND CLAIMS FOR STATE PROPERTY;4 AMENDING SECTION 67-1085, IDAHO CODE, TO REVISE PROVISIONS REGARDING5 REPORTING OF AGREEMENTS ENTERED INTO BY STATE OFFICERS OR STATE AGEN-6 CIES; AMENDING SECTION 74-105, IDAHO CODE, TO EXEMPT CERTAIN RECORDS7 FROM DISCLOSURE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE8 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 is11 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 in15 the state filing a formal claim with a private insurer, the following shall16 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 dollars18 ($100,000):19 (a) Procurement of law enforcement reports, surveillance footage, or20 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 prevailing24 market replacement costs at the time of the loss, regardless of whether25 the state utilizes internal inventory or state-contracted pricing to26 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 or30 bypass measures required to maintain state services during the re-31 pair period; and32 (ii) All costs associated with ordinance or law requirements.33 If the repair of state property triggers a mandatory upgrade to34 meet current building, safety, or environmental codes, such costs35 shall be documented and included as a mandatory component of the36 claim.37 (c) Review of the insurance policy limits and exclusions to ensure the38 state is pursuing the maximum possible recovery across all possible39 payout scenarios; and40 (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) of1 this section, the director shall provide a report of the findings to the2 affected agency director or administrator and any state board or commission3 with administrative authority over the affected agency. The report re-4 quired in this section shall be exempt from disclosure as provided in section5 74-105, Idaho Code. Legislators may review a copy of the report with the6 expectation that it shall remain confidential until a settlement is reached7 or the claim is otherwise closed.8 (3) The affected agency shall have the right to perform or contract for9 an independent appraisal or engineering assessment of the damage to ensure10 the settlement is sufficient to restore the property to its prior utility and11 value.12 (4) The director shall pursue the maximum possible recovery across all13 payout scenarios under the terms and conditions of all applicable private14 insurance policies.15 (5) Following receipt of a proposed final settlement agreement from16 the insurance company, the director shall report such proposed settlement17 agreement to the state controller for publication as required in section18 67-1085, Idaho Code, at least fourteen (14) days prior to accepting such19 settlement agreement. Upon acceptance of a final settlement agreement, the20 director shall notify the state controller if the accepted final settlement21 agreement differs from the proposed final settlement agreement and shall22 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 shall25 be signed by the director without the written concurrence of the affected26 agency director, administrator, board, or commission confirming that the27 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 of29 a settlement agreement, the matter shall be referred to the state board of30 examiners for final determination.31 (7) If acceptance of a settlement agreement creates conditions for32 other operational changes for an agency, including but not limited to the33 sale of the damaged property or the transfer of state activities to another34 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 changes38 and accept public comment; and39 (c) The affected agency shall notify the legislature of any operational40 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 hereby42 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" means45 any state officer, department, division, bureau, or agency of the state of46 Idaho. All state officers and departments, divisions, bureaus, and agen-47 cies of the state of Idaho agencies shall report to the state controller any48 agreement entered into, including any memorandum of agreement or memorandum49

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 be4 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 hereby9 amended to read as follows:10 74-105. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS,11 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 in14 section 74-101(7), Idaho Code, under the conditions set forth in section15 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 be18 furnished upon request in a manner determined by the court to persons and19 governmental and private agencies and institutions conducting pertinent20 research studies or having a legitimate interest in the protection, welfare21 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 a23 criminal offense if committed by an adult, the name, offense of which the24 juvenile was petitioned or charged, and disposition of the court shall be25 subject to disclosure as provided in section 20-525, Idaho Code. Addi-26 tionally, facts contained in any records of a juvenile maintained pursuant27 to chapter 5, title 20, Idaho Code, shall be furnished upon request to any28 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 and31 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 authority37 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 or40 witnesses;41 (iii) Records that reflect future transportation or movement of a42 prisoner;43 (iv) Records gathered during the course of the presentence inves-44 tigation; and45 (v) Records of a prisoner as defined in section 74-101(10), Idaho46 Code, or probationer shall not be disclosed to any other prisoner47 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 custody2 of any public agency only when the disclosure of such information is3 reasonably likely to jeopardize the safety of persons, property or the4 public safety. Such records may include emergency evacuation, escape5 or other emergency response plans, vulnerability assessments, oper-6 ation and security manuals, plans, blueprints or security codes. For7 purposes of this paragraph, "system" includes electrical, computer8 and telecommunications systems, electric power (including produc-9 tion, generating, transportation, transmission and distribution), and10 heating, ventilation, and air conditioning. For purposes of this sub-11 section, "critical infrastructure" means any system or asset, whether12 physical or virtual, so vital to the state of Idaho, including its po-13 litical subdivisions, that the incapacity or destruction of such system14 or asset would have a debilitating impact on state or national economic15 security, state or national public health or safety, or any combination16 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 those20 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 sexual23 predator by each board member in each case reviewed by that board member24 shall be exempt from disclosure to the public and shall be made available25 upon request only to the governor, the chairman of the senate judiciary and26 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 maintained29 pursuant to sections 18-3302, 18-3302H and 18-3302K, Idaho Code, relating30 to an applicant or licensee, except that any law enforcement officer and law31 enforcement agency, whether inside or outside the state of Idaho, may access32 information maintained in the license record system as set forth in section33 18-3302K(16), Idaho Code.34 (7) Records of investigations prepared by the department of health and35 welfare pursuant to its statutory responsibilities dealing with the protec-36 tion of children, the rehabilitation of youth, adoptions and the commitment37 of mentally ill persons. For reasons of health and safety, best interests of38 the child or public interest, the department of health and welfare may pro-39 vide for the disclosure of records of investigations associated with actions40 pursuant to the provisions of chapter 16, title 16, Idaho Code, prepared by41 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 discrimination46 made to the Idaho human rights commission, unless the public interest in47 allowing inspection and copying of such records outweighs the legitimate48 public or private interest in maintaining confidentiality of such records.49 A person may inspect and copy documents from an investigative file to which50

5 he or she is a named party if such documents are not otherwise prohibited from1 disclosure by federal law or regulation or state law. The confidentiality of2 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 the4 Idaho human rights commission, relating to the complaint of discrimination.5 (9) Records containing information obtained by the manager of the Idaho6 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on7 behalf of employers or employees contained in underwriting and claims for8 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-11 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; or14 (b) To employers and prospective employers subject to the provisions of15 the Americans with disabilities act, 42 U.S.C. 12112, or other statu-16 tory limitations, who certify that the information is being requested17 with respect to a worker to whom the employer has extended an offer of18 employment and will be used in accordance with the provisions of the19 Americans with disabilities act, 42 U.S.C. 12112, or other statutory20 limitations; or21 (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 other23 statutory limitations, provided the employer presents a written autho-24 rization from the person to whom the records pertain; or25 (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; or29 (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 records33 during a hearing for compensation or in a written decision issued by the34 industrial commission shall be permitted; provided further, the true35 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, alleged40 to be abused, neglected or exploited.41 (12) Criminal history records and fingerprints as defined in section42 67-3001, Idaho Code, and compiled by the Idaho state police. Such records43 shall be released only in accordance with chapter 30, title 67, Idaho Code.44 (13) Records furnished or obtained pursuant to section 41-1019, Idaho45 Code, regarding termination of an appointment, employment, contract or46 other insurance business relationship between an insurer and a producer.47 (14) Records of a prisoner or former prisoner in the custody of any state48 or local correctional facility, when the request is made by another prisoner49 in the custody of any state or local correctional facility.50

6 (15) Except as provided in section 72-1007, Idaho Code, records of the1 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 the4 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 federal9 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).11 (18) Records of the office of the state public defender and the office of12 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, records15 containing confidential information from an individual about his criminal16 case or performance of his attorney, or confidential information about an17 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 volunteer20 nongovernmental entity for purposes of entry into the criminal justice21 integrated data system pursuant to section 19-4803, Idaho Code, and all22 records created by persons authorized to research and analyze information23 entered into the criminal justice integrated data system, regardless of24 whether such records were previously exempted from disclosure or redacted25 pursuant to state or federal law or court order. This exemption does not26 apply to projects, reports, and data analyses approved for release by the27 data oversight council and issued by persons authorized to conduct research28 and analysis as set forth in chapter 48, title 19, Idaho Code. Records and29 information relating to the management of the criminal justice integrated30 data system shall not be exempt from disclosure except as otherwise provided31 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 that34 participate in or assist with an execution of a death sentence as described35 in section 19-2716A, Idaho Code.36 (21) Records, other than public expenditure records, relating to37 the nature, location, or function of cybersecurity devices, programs, or38 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

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SECTION 4. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3