HB 710-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-0957

05/01

HOUSE BILL 710-FN-LOCAL

AN ACT relative to the confidentiality of library user records.

SPONSORS: Rep. Holden, Hills 48

COMMITTEE: Children and Family Law

ANALYSIS

This bill makes records related to a minor's use of library materials or services available to the minor's parent or guardian.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0957

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the confidentiality of library user records.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Library User Records; Confidentiality; Reference Added. Amend RSA 201-D:11, I to read as follows:

I. Library records which contain the names or other personal identifying information regarding the users of public or other than public libraries shall be confidential and shall not be disclosed except as provided in [paragraph] paragraphs II and II-a. Such records include, but are not limited to, library, information system, and archival records related to the circulation and use of library materials or services.

2 New Paragraph; Library User Records; Confidentiality; Access to Library Records of Minors. Amend RSA 201-D:11 by inserting after paragraph II the following new paragraph:

II-a. All library records related to a minor's use of library materials or services for the previous 60 days shall be available, upon written request, to the parent or guardian of the minor. The library shall provide the requested information within 10 business days. In order to comply with this section, the library shall maintain all records related to a minor's use of library materials or services for a period of at least 60 days.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-0957

Revised 1/31/03

HB 710 FISCAL NOTE

AN ACT relative to the confidentiality of library user records.

FISCAL IMPACT:

The Department of Cultural Resources states this bill may increase state and local expenditures by an indeterminable amount in FY2003 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county expenditures.

METHODOLOGY:

The Department states the costs to libraries would depend on the number of requests each library receives. Libraries throughout the State are at different levels of automation, and those that are not automated would have to assign a person to manually review the circulation records for each day to determine who checked out what book.