2006 Legislation
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SENATE BILL NO. 1286 – Public record request/refused/pnlty

SENATE BILL NO. 1286

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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