|ACT OF THE GENERAL ASSEMBLY||2007-2008|
NO. 110. AN ACT RELATING TO ACCESS TO PUBLIC RECORDS.
Sec. 1. 1 V.S.A. § 318 is amended to read:
§ 318. PROCEDURE
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Any person making a request to any agency for records under subsection (a) of
this section shall be deemed to have exhausted
his the person’s
administrative remedies with respect to each request if the agency fails to
comply within the applicable time limit provisions of this section. Upon any
determination by an agency to comply with a request for records, the records
shall be made available promptly to the person making such request. Any
notification of denial of any request for records under this section shall set
forth the names and titles or positions of each person responsible for the
denial of such request.
(c) Any denial of access by the custodian of a public record may be appealed to the head of the agency. The head of the agency shall make a written determination on an appeal within five business days after the receipt of the appeal. A written determination shall include the asserted statutory basis for denial and a brief statement of the reasons and supporting facts for denial.
If the head of the agency reverses the denial of a request for records, the records shall be promptly made available to the person making the request. A failure by the agency to comply with any of the time limit provisions of this section shall be deemed a final denial of the request for records by the agency.
Sec. 2. 18 V.S.A. § 5001 is amended to read:
§ 5001. VITAL RECORDS; FORMS OF CERTIFICATES
(a) Certificates of birth, marriage, civil union, divorce, death, and fetal death shall be in form prescribed by the commissioner of health and distributed by the health department.
(b) Beginning January 1, 2010, all certificates of birth, marriage, civil union, divorce, death, and fetal death shall be issued on unique paper with
antifraud features approved by the commissioner of health and available from the health department.
Sec. 3. 1 V.S.A. § 317(b) is amended to read:
used in this subchapter, “public record” or “public document” means
papers, documents, machine readable materials, or any other written or recorded
matters, regardless of their physical form or characteristics, that are
produced or acquired in the course of agency business any written or
recorded information, regardless of physical form or characteristics, which is
produced or acquired in the course of public agency business. Individual
benefits of and salary schedules relating to elected or appointed officials and employees of public agencies shall not be exempt from public inspection and copying.
Approved: May 3, 2008
The Vermont General Assembly
115 State Street