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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
|||| 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
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