SENATE BILL NO. 1175

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Daily Data Tracking History



S1175......................................................by STATE AFFAIRS
STUDENT INFORMATION - MILITARY RECRUITERS - Amends existing law to provide
an exception to the prohibition on distribution or sale of mailing or
telephone number lists to allow student directory information to be
released to military recruiters for military recruiting pursuant to the
requirements of federal laws.
                                                                        
03/25    Senate intro - 1st rdg - to printing
03/26    Rpt prt - to St Aff
03/31    Rpt out - rec d/p - to 2nd rdg
04/01    2nd rdg - to 3rd rdg
04/02    3rd rdg - PASSED - 30-5-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Cameron,
      Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble, Noh,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk,
      Williams
      NAYS -- Burkett, Calabretta, Keough, Marley, Stennett
      Absent and excused -- None
    Floor Sponsor - Richardson
    Title apvd - to House
04/03    House intro - 1st rdg - to St Aff
04/08    Rpt out - rec d/p - to 2nd rdg
04/09    2nd rdg - to 3rd rdg
04/14    3rd rdg - PASSED - 57-7-6
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
      Bolz, Campbell, Cannon, Clark, Collins, Deal, Denney, Douglas,
      Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,
      Harwood, Jaquet, Jones, Kellogg, Lake, Langford, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Raybould,
      Ring(Roberge), Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail(Young), Wills
      NAYS -- Barrett, Bieter, Henbest, Kulczyk, Langhorst, Moyle, Wood
      Absent and excused -- Bradford(Larsen), Crow, Cuddy, Eberle,
      Ridinger, Mr. Speaker
    Floor Sponsor - Barraclough
    Title apvd - to Senate
04/15    To enrol
04/16    Rpt enrol - Pres signed
04/17    Sp signed
04/18    To Governor
04/23    Governor signed
         Session Law Chapter 310
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1175
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PUBLIC RECORDS ACT; AMENDING SECTION  9-348,  IDAHO  CODE,  TO
  3        PROVIDE AN EXCEPTION TO THE PROHIBITION ON DISTRIBUTION OR SALE OF MAILING
  4        OR  TELEPHONE  NUMBER  LISTS  TO ALLOW STUDENT DIRECTORY INFORMATION TO BE
  5        RELEASED TO MILITARY RECRUITERS FOR MILITARY RECRUITING PURPOSES  PURSUANT
  6        TO THE REQUIREMENTS OF FEDERAL LAWS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  9-348,  Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        9-348.  PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER
 11    LISTS -- PENALTY. (1) Except as provided in subsections (2),  (3),  (4),  (5),
 12    (6),  (7), and (8) and (9) of this section, in order to protect the privacy of
 13    those who deal with public agencies or an independent  public  body  corporate
 14    and politic:
 15        (a)  No  agency  or independent public body corporate and politic may dis-
 16        tribute or sell for use as a mailing list or a telephone number  list  any
 17        list  of  persons  without  first  securing the permission of those on the
 18        list; and
 19        (b)  No list of persons prepared by the agency or independent public  body
 20        corporate  and politic may be used as a mailing list or a telephone number
 21        list except by the agency or independent public body corporate and politic
 22        or another agency without first securing the permission of  those  on  the
 23        list.
 24        (2)  Except  as  may  be  otherwise provided in this chapter, this section
 25    does not prevent an individual from compiling a mailing list  or  a  telephone
 26    number list by examination or copying of public records, original documents or
 27    applications which are otherwise open to public inspection.
 28        (3)  The  provisions  of  this section do not apply to the lists of regis-
 29    tered electors compiled pursuant to title 34, Idaho Code, or to lists  of  the
 30    names of employees governed by chapter 53, title 67, Idaho Code.
 31        (4)  The  provisions  of  this  section  shall not apply to agencies which
 32    issue occupational or professional licenses.
 33        (5)  This section does not apply to the right of access  either  by  Idaho
 34    law enforcement agencies or, by purchase or otherwise, of public records deal-
 35    ing with motor vehicle registration.
 36        (6)  This section does not apply to a corporate information list developed
 37    by  the  office of the secretary of state containing the name, address, regis-
 38    tered agent, officers and directors of corporations authorized to do  business
 39    in this state or to a business information list developed by the department of
 40    commerce  containing  the  name,  address,  telephone number or other relevant
 41    information of Idaho businesses or individuals requesting information  regard-
 42    ing  the  state  of  Idaho or to business lists developed by the department of
 43    agriculture, division of marketing and development, used to promote  food  and
                                                                        
                                           2
                                                                        
  1    agricultural products produced in Idaho.
  2        (7)  This  section does not apply to lists to be used for ordinary utility
  3    purposes which are requested by a person who supplies utility services in this
  4    state. Ordinary utility purposes, as used in this chapter only, do not include
  5    marketing or marketing research.
  6        (8)  This section does not apply to  lists  to  be  used  to  give  notice
  7    required by any statute, ordinance, rule, law or by any governing agency.
  8        (9)  This section does not apply to student directory information provided
  9    by  colleges, universities, secondary schools and school districts to military
 10    recruiters for military recruiting purposes pursuant to  the  requirements  of
 11    federal laws.
 12        (10) If  a  court  finds that a person or public official has deliberately
 13    and in bad faith violated the provisions of subsection (1)(b) of this section,
 14    the person or public official shall be liable for a civil penalty assessed  by
 15    the  court  in  an amount not in excess of one thousand dollars ($1,000) which
 16    shall be paid into the general account.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13190
The purpose of this legislation is to provide an exception to the
prohibition on distribution or sale of mailing or telephone
number lists to allow student directory information to be
released to military recruiters for military recruiting purposes
pursuant to the requirements of federal laws.  Schools that do
not comply could jeopardize their receipt of ESEA funds.

                          FISCAL IMPACT
Maximum possible loss of federal allocation to school districts
is $120,000,000.








Contact
Name: Dr. Bob Haley, Department of Education
Phone: 332-6811





STATEMENT OF PURPOSE/FISCAL NOTE                    S 1175