View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1286..........................................................by SCHROEDER
PUBLIC RECORD REQUEST - Amends existing law to provide that if a court
finds that a public official has deliberately and in bad faith improperly
refused a legitimate request for inspection or copying of a public record,
a civil penalty shall be assessed against the public official in an amount
not less than one thousand dollars or such higher amount the court deems is
just; and to provide that if a court finds that a person or public
official has deliberately and in bad faith violated the provisions
prohibiting the distribution of mailing or telephone number lists, the
person or public official shall be liable for a civil penalty assessed by
the court in an amount not less than one thousand dollars or such higher
amount the court deems is just.
01/20 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1286
BY SCHROEDER
1 AN ACT
2 RELATING TO THE PUBLIC RECORDS ACT; AMENDING SECTION 9-345, IDAHO CODE, TO
3 PROVIDE THAT IF A COURT FINDS THAT A PUBLIC OFFICIAL HAS DELIBERATELY AND
4 IN BAD FAITH IMPROPERLY REFUSED A LEGITIMATE REQUEST FOR THE INSPECTION OR
5 COPYING OF A PUBLIC RECORD, A CIVIL PENALTY SHALL BE ASSESSED AGAINST THE
6 PUBLIC OFFICIAL IN AN AMOUNT NOT LESS THAN ONE THOUSAND DOLLARS, WHICH
7 SHALL BE PAID INTO THE GENERAL FUND OR SUCH HIGHER AMOUNT AS THE COURT
8 DEEMS JUST; AND AMENDING SECTION 9-348, IDAHO CODE, TO PROVIDE THAT IF A
9 COURT FINDS THAT A PERSON OR PUBLIC OFFICIAL HAS DELIBERATELY AND IN BAD
10 FAITH VIOLATED THE PROVISIONS PROHIBITING THE DISTRIBUTION OF MAILING OR
11 TELEPHONE NUMBER LISTS, THE PERSON OR PUBLIC OFFICIAL SHALL BE LIABLE FOR
12 A CIVIL PENALTY ASSESSED BY THE COURT IN AN AMOUNT NOT LESS THAN ONE THOU-
13 SAND DOLLARS, WHICH SHALL BE PAID INTO THE GENERAL FUND OR SUCH HIGHER
14 AMOUNT AS THE COURT DEEMS JUST.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 9-345, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 9-345. ADDITIONAL PENALTY. If the court finds that a public official has
19 deliberately and in bad faith improperly refused a legitimate request for
20 inspection or copying, a civil penalty shall be assessed against the public
21 official in an amount not to exceed less than one thousand dollars ($1,000),
22 which shall be paid into the general account fund or such higher amount as the
23 court deems just.
24 SECTION 2. That Section 9-348, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 9-348. PROHIBITION ON DISTRIBUTION OR SALE OF MAILING OR TELEPHONE NUMBER
27 LISTS -- PENALTY. (1) Except as provided in subsections (2), (3), (4), (5),
28 (6), (7), (8) and (9) of this section, in order to protect the privacy of
29 those who deal with public agencies or an independent public body corporate
30 and politic:
31 (a) No agency or independent public body corporate and politic may dis-
32 tribute or sell for use as a mailing list or a telephone number list any
33 list of persons without first securing the permission of those on the
34 list; and
35 (b) No list of persons prepared by the agency or independent public body
36 corporate and politic may be used as a mailing list or a telephone number
37 list except by the agency or independent public body corporate and politic
38 or another agency without first securing the permission of those on the
39 list.
40 (2) Except as may be otherwise provided in this chapter, this section
41 does not prevent an individual from compiling a mailing list or a telephone
2
1 number list by examination or copying of public records, original documents or
2 applications which are otherwise open to public inspection.
3 (3) The provisions of this section do not apply to the lists of regis-
4 tered electors compiled pursuant to title 34, Idaho Code, or to lists of the
5 names of employees governed by chapter 53, title 67, Idaho Code.
6 (4) The provisions of this section shall not apply to agencies which
7 issue occupational or professional licenses.
8 (5) This section does not apply to the right of access either by Idaho
9 law enforcement agencies or, by purchase or otherwise, of public records deal-
10 ing with motor vehicle registration.
11 (6) This section does not apply to a corporate information list developed
12 by the office of the secretary of state containing the name, address, regis-
13 tered agent, officers and directors of corporations authorized to do business
14 in this state or to a business information list developed by the department of
15 commerce containing the name, address, telephone number or other relevant
16 information of Idaho businesses or individuals requesting information regard-
17 ing the state of Idaho or to business lists developed by the department of
18 agriculture, division of marketing and development, used to promote food and
19 agricultural products produced in Idaho.
20 (7) This section does not apply to lists to be used for ordinary utility
21 purposes which are requested by a person who supplies utility services in this
22 state. Ordinary utility purposes, as used in this chapter only, do not include
23 marketing or marketing research.
24 (8) This section does not apply to lists to be used to give notice
25 required by any statute, ordinance, rule, law or by any governing agency.
26 (9) This section does not apply to student directory information provided
27 by colleges, universities, secondary schools and school districts to military
28 recruiters for military recruiting purposes pursuant to the requirements of
29 federal laws.
30 (10) If a court finds that a person or public official has deliberately
31 and in bad faith violated the provisions of subsection (1)(b) of this section,
32 the person or public official shall be liable for a civil penalty assessed by
33 the court in an amount not in excess of less than one thousand dollars
34 ($1,000) which shall be paid into the general account fund or such higher
35 amount as the court deems just.
STATEMENT OF PURPOSE
RS 15623
This bill provides for fines if a court finds that a public
official has deliberately refused a legitimate request for the
inspection or copying of a public record. Fines would also be
imposed if a court finds that a person or public official has
deliberately violated the provisions prohibiting the distribution
of mailing or telephone number lists.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Roger Falen
Phone: 208-285-1116
STATEMENT OF PURPOSE/FISCAL NOTE S 1286