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H0272.............................................................by EDUCATION STUDENT DIRECTORY INFORMATION - Amends existing law relating to the Public Records Act 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 by secondary schools and school districts to military recruiters for military recruiting purposes pursuant to the requirement of federal laws. 02/17 House intro - 1st rdg - to printing 02/18 Rpt prt - to Educ 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/10 3rd rdg - FAILED - 33-35-2 AYES -- Barraclough, Bauer, Black, Block, Bradford, Campbell, Cannon, Collins, Denney, Eskridge, Field(23), Garrett, Harwood, Jaquet, Jones, Langford, McGeachin, Miller, Mitchell, Naccarato, Nielsen, Ring, Ringo, Rydalch, Sali, Schaefer, Skippen, Smith(30), Smith(24), Smylie, Tilman, Trail, Wills NAYS -- Andersen, Barrett, Bedke, Bell, Bieter, Boe, Bolz, Clark, Crow, Cuddy, Deal, Douglas, Eberle, Edmunson, Ellsworth, Field(18), Henbest, Kellogg, Kulczyk, Lake, Langhorst, Martinez, McKague, Meyer, Moyle, Raybould, Ridinger, Roberts, Robison, Sayler, Shepherd, Shirley, Snodgrass, Stevenson, Wood Absent and excused -- Gagner, Mr. Speaker Floor Sponsors - Trail & Barraclough 03/11 Senate intro - 1st rdg - to St Aff Rpt out - ret'd to House - Jt. Rule 15 Filed w/Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 272 BY EDUCATION 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 secondary schools and school districts to military recruiters for military 10 recruiting purposes pursuant to the requirements of federal laws. 11 (10) If a court finds that a person or public official has deliberately 12 and in bad faith violated the provisions of subsection (1)(b) of this section, 13 the person or public official shall be liable for a civil penalty assessed by 14 the court in an amount not in excess of one thousand dollars ($1,000) which 15 shall be paid into the general account.
STATEMENT OF PURPOSE RS 12929 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. FISCAL IMPACT There is no fiscal impact on the General Fund. Contact Name: Dr. Bob Haley, Department of Education Phone: 332-6811 Dr. Marilyn Howard Dr. Bob West STATEMENT OF PURPOSE/FISCAL NOTE H 272