Bill Description: House Bill 432 would impose felony penalties for the unauthorized disclosure of protected PERSI records.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

House Bill 432 would amend Section 59-1316, Idaho Code, to say, "No board member, director, deputy, employee, contractor, or any person formerly employed in any such position shall knowingly divulge or make known to any person in any manner any member's retirement system records. …"

This bill would make such unauthorized disclosure a felony carrying a penalty of a fine of up to $5,000 and up to five years of imprisonment. Additionally, anyone convicted under this provision would be required to "forfeit his office, employment, or contract, if any, and shall be ineligible to hold any public office in this state for a period of two (2) years."

Protecting sensitive personal information from disclosure is reasonable and terminating the employment of someone a position of trust is justified. But a felony charge carrying 5 years imprisonment is excessive, costly to taxpayers, and provides no restitution to someone whose personal information was inappropriately disclosed.

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