1999 Legislation
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SENATE BILL NO. 1109 – Mail/telephone lists, state agcy

SENATE BILL NO. 1109

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Daily Data Tracking History



S1109......................................................by STATE AFFAIRS
MAIL/TELEPHONE LISTS - Amends existing law to implement methods and
procedures to ensure that persons have the opportunity to remove themselves
from mailing lists or telephone number lists which are distributed or sold
by state agencies.

02/04    Senate intro - 1st rdg - to printing
02/05    Rpt prt - to St Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 29-6-0
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Schroeder, Sorensen, Stegner, Thorne, Wheeler
      NAYS--Crow, Hawkins, Sandy, Stennett, Twiggs, Whitworth
      Absent and excused--None
    Floor Sponsor - Dunklin
    Title apvd - to House
02/12    House intro - 1st rdg - to St Aff

Bill Text


S1109


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1109

                                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  OR
 5        TELEPHONE NUMBER LISTS 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 first  securing the
15        permission of those on the list   implementing 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  first   securing 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 / Fiscal Impact


                         STATEMENT OF PURPOSE
                                   
                                                            RS 08858                  
                                   
                                                              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 tehphone and mailing lists compiled by state agencies priorto their sale by the agency. The proposed amendment would prohibit a state agency
  
  from selilng its mailing or telephone list unless the agency has implemented procedures
  
  to ensure that persons could have thelr 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 distributlon of motor vehicle records.    
  
                              FISCAL NOTE
                                    
  Implementing regulatlons to provide a procedure for persons to remove their name
  from telephone and maillng lists may involve a relatively insignificant administrative cost.
  
  
  Contact
  
  William F. Ringert
  James G. Reid
  Ringert Clark Chartered
  (208) 342-4591
  
  
  
  
  
  
  
  
                                                                S1109