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ACT NO. 132


Public records; disclosure; deliberative process privilege

This act clarifies that the common law deliberative process privilege as it applies to the general assembly and executive branch agencies is not an exemption to the state public records act and the right to inspect and copy records under that act. In addition, when a state agency considers a record requested under the public records act to be exempt from inspection, the act requires the agency to identify in writing the record withheld and the basis for denial. The act also requires the secretary of administration to submit an annual report to the general assembly listing the public records received for the prior calendar year by each state agency, the number of records delivered or withheld by each state agency, the number of records that could not be located by each state agency, and the agency time needed to respond to each request. In addition, the act requires the legislative council to complete a study of the public records law of the state and to propose legislation to amend, reorganize, and simplify public records requirements.

Effective Date: July 1, 2006

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont