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S1498......................................................by STATE AFFAIRS MAIL/TELEPHONE LISTS - Amends existing law to allow state agencies to implement methods and procedures to ensure that persons have the opportunity to remove themselves from mailing lists which are distributed or sold by the state. 02/17 Senate intro - 1st rdg - to printing 02/18 Rpt prt - to St Aff
S1498|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1498 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE PUBLIC RECORDS ACT; AMENDING SECTION 9-348, IDAHO CODE, TO 3 ALLOW THE STATE AGENCIES TO IMPLEMENT METHODS AND PROCEDURES TO ENSURE 4 THAT PERSONS HAVE THE OPPORTUNITY TO REMOVE THEMSELVES FROM MAILING LISTS 5 WHICH ARE DISTRIBUTED OR SOLD BY STATE AGENCIES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 9-348, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 9-348. PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER 10 LISTS -- PENALTY. (1) Except as provided in subsections (2), (3), (4), (5), 11 (6), (7) and (8) of this section, in order to protect the privacy of those who 12 deal with public agencies: 13 (a) No agency may distribute or sell for use as a mailing list or a tele- 14 phone number list any list of persons without firstsecuring the15permission of those on the listimplementing methods and pro- 16 cedures to ensure that: 17 (i) Individuals whose names appear on the applicable list are pro- 18 vided an opportunity, in a clear and conspicuous manner, to prohibit 19 such uses; and 20 (ii) The information will be used, rented or sold solely for bulk 21 distribution for surveys, marketing and solicitations, and that sur- 22 veys, marketing and solicitations will not be directed at those indi- 23 viduals who have requested in a timely fashion that they not be 24 directed at them ; and 25 (b) No list of persons prepared by the agency may be used as a mailing 26 list or a telephone number list except by the agency or another agency 27 without firstsecuring the permission of those on the list.28 implementing methods and procedures to ensure that: 29 (i) Individuals whose names appear on the applicable list are pro- 30 vided an opportunity, in a clear and conspicuous manner, to prohibit 31 such uses; and 32 (ii) The information will be used, rented or sold solely for bulk 33 distribution for surveys, marketing and solicitations, and that sur- 34 veys, marketing and solicitations will not be directed at those indi- 35 viduals who have requested in a timely fashion that they not be 36 directed at them. 37 (2) Except as may be otherwise provided in this chapter, this section 38 does not prevent an individual from compiling a mailing list or a telephone 39 number list by examination or copying of public records, original documents or 40 applications which are otherwise open to public inspection. 41 (3) The provisions of this section do not apply to the lists of regis- 42 tered electors compiled pursuant to title 34, Idaho Code, or to lists of the 43 names of employees governed by chapter 53, title 67, Idaho Code. 2 1 (4) The provisions of this section shall not apply to agencies which 2 issue occupational or professional licenses. 3 (5) This section does not apply to the right of access either by Idaho 4 law enforcement agencies or, by purchase or otherwise, of public records 5 dealing with motor vehicle registration. 6 (6) This section does not apply to a corporate information list developed 7 by the office of the secretary of state containing the name, address, regis- 8 tered agent, officers and directors of corporations authorized to do business 9 in this state or to a business information list developed by the department of 10 commerce containing the name, address, telephone number or other relevant 11 information of Idaho businesses or individuals requesting information regard- 12 ing the state of Idaho or to business lists developed by the department of 13 agriculture, division of marketing and development, used to promote food and 14 agricultural products produced in Idaho. 15 (7) This section does not apply to lists to be used for ordinary utility 16 purposes which are requested by a person who supplies utility services in this 17 state. Ordinary utility purposes, as used in this chapter only, do not include 18 marketing or marketing research. 19 (8) This section does not apply to lists to be used to give notice 20 required by any statute, ordinance, rule, law or by any governing agency. 21 (9) If a court finds that a person or public official has deliberately 22 and in bad faith violated the provisions of subsection (1)(b) of this section, 23 the person or public official shall be liable for a civil penalty assessed by 24 the court in an amount not in excess of one thousand dollars ($1,000) which 25 shall be paid into the general account.
STATEMENT OF PURPOSE
RS 07850
This proposed legislation amends the Idaho Public Records
Act. It amends Section 9-348, Idaho Code, to ensure a
procedure for private citizens to cause their name to be
removed from telephone and mailing lists compiled by state
agencies prior to their sale by the agency. The proposed
amendment would prohibit a state agency from selling its
mailing or telephone list unless the agency has implemented
procedures to ensure that persons could have their name
removed from the list. The amendment provides the same
protection for the public as presently exists in Idaho Code
Section 49-203 relating to distribution of motor vehicle
records.
FISCAL NOTE
Implementing regulations to provide a procedure for persons
to remove their name from telephone and mailing lists may
involve a relatively insignificant administrative cost.
CONTACT: William F. Ringert
James G. Reid
Ringert Clark Chartered
(208) 342-4591
STATEMENT OF PURPOSE/ FISCAL NOTE
S 1498