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Journal of the Senate

________________

THURSday, February 21, 2008

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Bill Called Up

S. 358.

Senate bill of the following title was called up by Senator Sears, and, under the rule, placed on the Calendar for action tomorrow:

An act relating to enhanced driver licenses.

Joint Resolution Adopted on the Part of the Senate

Joint Senate resolution of the following title was offered, read and adopted on the part of the Senate, and is as follows:

   By Senator Shumlin,

     J.R.S. 53.  Joint resolution relating to weekend adjournment.

Resolved by the Senate and House of Representatives:

That when the two Houses adjourn on Friday, February 22, 2008, it be to meet again no later than Tuesday, February 26, 2008.

Bill Amended; Third Reading Ordered

S. 220.

Senator Ayer, for the Committee on Government Operations, to which was referred Senate bill entitled:

An act relating to the confidentiality of library patron records.

     Reported recommending that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  22 V.S.A. chapter 4 is added to read:

Chapter 4.  LIBRARY PATRON RECORDS

§ 171.  DEFINITIONS

As used in this chapter:

(1)  “Library” means a public library as defined in subdivision 101(2) of this title, any college university or school library, or any other library or archive that is open on a regular basis and makes available on site, or circulates, materials to the public without a fee.

(2)  “Patron registration records” means library records that contain information a library patron must provide in order to be eligible for borrowing privileges at a library.

(3)  “Patron transaction records” means library records that contain names or other personal identifying information that discloses an individual’s activities within a library, including the materials that have been viewed in print or electronic form, research questions posed, materials in any format that the patron has requested through interlibrary loan or has borrowed, or any other library service or consultation that the patron has requested.

§ 172.  LIBRARY RECORD CONFIDENTIALITY; EXEMPTIONS

(a)  A library’s patron registration records and patron transaction records shall remain confidential.

(b)  Unless authorized by other provisions of law, the library’s officers, employees, and volunteers shall not disclose the records except:

(1)  with the written permission of the library patron to whom the records pertain;

(2)  to officers, employees, volunteers, and agents of the library to the extent necessary for library administration purposes;

(3)  in response to an authorized judicial order or warrant directing disclosure;

(4)  to custodial parents or guardians of patrons under age 16;

(5)  to the custodial parents or guardians of a student, in accordance with the federal Family Education Rights and Privacy Act, by the library at the school the student attends.

(c)  Statistical records pertaining to the patronage, circulation activities, and use of any service or consultation the library provides, provided that they do not contain the names of patrons or any other personally identifying information, shall be exempt from the provisions of this chapter.

§ 173.  RIGHT OF PATRON ACTION

Any person whose confidential patron registration records or patron transaction records have been disclosed, except as provided in this chapter, is authorized to bring a civil action against the library that disclosed the records.

Sec. 2.  1 V.S.A. § 317(c)(19) is amended to read:

(19)  records relating to the identity of library patrons or the identity of library patrons in regard to the circulation of library materials patron registration records and patron transaction records in accordance with chapter 4 of Title 22;

And that when so amended the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the recommendation of amendment was agreed to, and third reading of the bill was ordered.

House Proposal of Amendment Concurred In

S. 355.

House proposal of amendment to Senate bill entitled:

An act relating to debt financing for the Vermont housing finance agency.

Was taken up.

The House proposes to the Senate to amend the bill by adding a new section to be numbered Sec. 2 to read as follows:

Sec. 2.  10 V.S.A. § 639(a) is amended to read:

(a)  On or before the last day of January in each year the agency shall submit a report of its activities for the preceding fiscal year to the governor and to the general assembly, specifically the committees in the house and senate with jurisdiction over housing.  Each report shall set forth a complete operating and financial statement covering its operations during the year, including the agency’s present and projected economic health, amount of indebtedness, a statement of the amounts received from funds generated by interest from real estate escrow and trust accounts established pursuant to 26 V.S.A. § 2214(c), a list and description of the programs to which IORTA funds were provided and the amounts distributed to each county.  The agency shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants; the cost shall be considered an expense of the agency and a copy shall be filed with the state treasurer.

     And by renumbering the remaining section to be numerically correct.

Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.


Bills Passed

Senate bills of the following titles were severally read the third time and passed:

S. 290.

An act relating to agricultural water quality financing.

S. 291.

An act relating to the farm agronomic practices program at the agency of agriculture, food and markets.

Bill Passed in Concurrence with Proposal of Amendment

H. 575.

House bill of the following title was read the third time and passed in concurrence with proposal of amendment:

An act relating to small eligible telecommunications carriers.

Third Reading Ordered

S. 146.

Senator Nitka, for the Committee on Judiciary, to which was referred Senate bill entitled:

An act relating to advertising and producing musical performances.

Reported that the bill ought to pass.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

Joint Assembly

At ten o’clock and thirty minutes in the forenoon, the hour having arrived for the meeting of the two Houses in Joint Assembly pursuant to:

     J.R.S. 45.  Joint resolution providing for a Joint Assembly for the election of two legislative Trustees of the Vermont State Colleges Corporation.

The Senate repaired to the hall of the House.

Having returned therefrom, at eleven o’clock and thirty minutes, the President resumed the Chair.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o’clock and forty-five minutes tomorrow morning.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us