Bill Text: NJ A3300 | 2014-2015 | Regular Session | Introduced
Bill Title: Clarifies that records custodians are not subject to penalties under State's open public records law if due diligence is exercised.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-06-05 - Introduced, Referred to Assembly State and Local Government Committee [A3300 Detail]
Download: New_Jersey-2014-A3300-Introduced.html
Sponsored by:
Assemblywoman HOLLY SCHEPISI
District 39 (Bergen and Passaic)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen Vainieri Huttle and Handlin
SYNOPSIS
Clarifies that records custodians are not subject to penalties under State's open public records law if due diligence is exercised.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public records custodians and amending P.L.2001, c.404.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 12 of P.L.2001, c.404 (C.47:1A-11) is amended to read as follows:
12. a. A public official, officer, employee or custodian who knowingly and willfully violates P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, and is found to have unreasonably denied access under the totality of the circumstances, shall be subject to a civil penalty of $1,000 for an initial violation, $2,500 for a second violation that occurs within 10 years of an initial violation, and $5,000 for a third violation that occurs within 10 years of an initial violation. This penalty shall be collected and enforced in proceedings in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and the rules of court governing actions for the collection of civil penalties. The Superior Court shall have jurisdiction of proceedings for the collection and enforcement of the penalty imposed by this section.
Appropriate disciplinary proceedings may be initiated against a public official, officer, employee or custodian against whom a penalty has been imposed.
b. A custodian who has exercised due diligence in attempting to provide access to a government record requested pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, by making at least two documented attempts to collect the requested record within seven days of receiving the request, shall not be subject to a civil penalty pursuant to subsection a. of this section.
(cf: P.L.2001, c.404, s.12)
2. This act shall take effect immediately.
STATEMENT
This bill would clarify that a records custodian is not subject to penalties for a knowing and willful violation of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly referred to as the "Open Public Records Act," if the custodian exercised due diligence in attempting to provide access to a record requested pursuant to that law. Under the bill, due diligence would be deemed to have been exercised if a custodian made at least two documented attempts to collect the requested record within seven days of receiving the request.
