The Vermont Senate has tabled H.331, the bill that would have created a special exemption in the public records law for private donors to the state’s public colleges and the University of Vermont. The bill would have made it possible for contributors to these public entities to remain anonymous.
Observers anticipated that the Senate might send the bill to Conference Committee for further consideration. Instead, the bill was tabled, or “ordered to lie,” as it’s known in the arcane lingo of the Statehouse. This procedure, in effect, puts the bill in zombie mode: It can still be resuscitated before the end of the session, but that eventuality is unlikely, according to Senate President Peter Shumlin, D-Windham.
“A lot of folks have asked, what does order to lie mean?” Shumlin said. “The process of being ordered to lie would be a bit like being carried to the morgue after you pass away. Occasionally, on the way to the morgue they find a pulse, but it’s unlikely.”
Shumlin said the bill would limit access to information that should be made public.
“If Bernie Madoff, or Pfizer gave a large donation to the university, shouldn’t the public know that since they are also giving their hard-earned money to the university?”
“We listened to concerns that it was limiting public access to information when we need to keep Vermont as transparent as possible, and decided that it was not a prudent move to make,” Shumlin said. “The argument that’s been made to me is the university takes taxpayer money. If Bernie Madoff, or Pfizer gave a large donation to the university, shouldn’t the public know that since they are also giving their hard-earned money to the university?”
The bill, which started out as housekeeping legislation for records management, was passed in the House in 2009. In the current legislative session, the Senate Government Operations Committee added an amendment proposal at the behest of the University of Vermont, the five state colleges, and the Vermont Student Assistance Corporation, that would carve out a special exemption in the public records law for anonymous contributors.
In the last several weeks, media outlets have protested the move as an unnecessary abrogation of the public’s right to know.
Gov. Jim Douglas, in his press conference today, said he supported H.331 and said, “I think it’s a reasonable public policy decision.”
At a time when there are calls to keep tuition down at UVM and the state colleges, and the Legislature has been unwilling to increase its support of the higher education system, Douglas asked: “What other sources of revenue do they have?”
“Now we’re going to say they can’t accommodate all donors because of a restriction on anonymity?” Douglas asked. “It puts the university at a disadvantage.”
Currently, individuals’ identities are already exempt under the law, according to Secretary of State Deb Markowitz. Private donors can remain anonymous under policies set by college or university’s policy, she said.
The educational institutions, led by UVM, want to assure donors that there’s no chance they could be sued to publicly disclose that information. According to Enrique Corredera, the communications director for UVM, H.331 would enable the university to better compete for national contributors who are concerned about maintaining their anonymity.
