SENATE, No. 2512


with Senate Floor Amendments

(Proposed by Senator WEINBERG)


ADOPTED: MAY 30, 2013



      These Senate floor amendments:

·        provide a definition for actual, direct costs with regard to calculating a special service charge when extraordinary equipment or time or effort is required to fulfill the records request;

·        provide that a special service charge may only be imposed when the time expended in responding to the request exceeds a total of four hours;

·        remove the new definition of immediate access to certain records, and remove the requirement to provide immediate access to documents currently in effect and documents that are currently and generally readily available;

·        add a reference to current court rules and law that permit sanctions for filing a frivolous lawsuit;

·        change the recovery of legal fees by a prevailing requestor from permissive to mandatory, thereby maintaining current law;

·        change new requirements that a custodian provide a requestor with the number of words, lines, or pages redacted, instead requiring only that the number of pages with redactions be specified; and

·        change a new definition so that a public agency must be the “source” of a quasi-governmental agency’s funding instead of the “primary source” as currently provided by the bill.

      The amendments also change the previously increased public membership of the Government Records Council from seven public members including a current or former municipal clerk, to six public members and the president of the Municipal Clerks Association of New Jersey.  This will reduce the previously increased public members appointed by the Governor from seven to six.