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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 - 2006IN 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 notto exceedless than one thousand dollars ($1,000), 22 which shall be paid into the generalaccountfund 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 notin excess ofless than one thousand dollars 34 ($1,000) which shall be paid into the generalaccountfund 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