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H.615

AN ACT RELATING TO THE PUBLIC RECORDS ACT AND APPLICATION OF THE DELIBERATIVE PROCESS PRIVILEGE

It is hereby enacted by the General Assembly of the State of Vermont:

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

(c)  The following public records are exempt from public inspection and copying:

* * *

(4)  records which, if made public pursuant to this subchapter, would cause the custodian to violate any statutory or common law privilege other than the common law deliberative process privilege as it applies to the general assembly and the executive branch agencies of the state of Vermont;

* * *

Sec. 2.  1 V.S.A. § 318(a)(2) is amended to read:

(2)  if the custodian considers the record to be exempt from inspection under the provisions of this subchapter, he the custodian shall so certify in writing stating his reasons for denial of access to the record.  Such certification shall identify the records withheld and the basis for the denial.  The certification shall be made within two business days, unless otherwise provided in subdivision (5) of this subsection.  The custodian shall also notify the person of his right to appeal to the head of the agency any adverse determination;

Sec. 3.  SECRETARY OF ADMINISTRATION REPORT

The secretary of administration shall submit an annual report to the house and senate committees on government operations on January 15.  The report shall include a list of the written public records requests received for the prior calendar year for 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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us