[First Reprint]

SENATE, No. 332

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators MARTIN, GORMLEY and Kenny

An Act concerning access to ¹[government] public¹ records and repealing P.L.1963, c.73 (C.47:1A-1 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. This act shall be known and may be cited as the "Open Public Records Act."

    2. The Legislature finds and declares it to be the public policy of this State that ¹the records of¹ all ¹[State, county and municipal records] public agencies¹ shall be open ¹[at all times]¹ for inspection, examination and copying by members of the public except where ¹disclosure of information contained in¹ a record is expressly exempted from such access by statute ¹, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court, federal law or federal regulation¹.

    3. As used in this act:

    "Public agency" or "agency" means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department; the Legislature of the State and any office, board, bureau¹, committee¹ or commission within or created by the Legislative Branch; ¹[and]¹ any independent State authority, commission, ¹district, institution,¹ instrumentality or agency¹[. "Public agency" or "agency" also means];¹ any political subdivision of the State ¹[or combination of political subdivisions and];¹ any ¹department,¹ division, board, bureau, office, commission¹, district, institution¹ or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions¹; any school, fire or water district or other district or districts; any independent public authority or commission, district, institution or instrumentality, or any subordinate agency, office, officer, official board or governing body of the above, or any combination or combinations of the above now or previously existing or established¹ and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions.

    "¹[Government] Public¹ record" or "record" means any ¹[information maintained by a public agency in written, audio, video, electronic or other form, but shall not include any written memorial of communications received from or sent to officers or employees of the same public agency or different public agencies in the course of obtaining, providing, or attempting to obtain or provide information, except to the extent that those memorials contain factual information, or any communication covered by a privilege against disclosure under any rule of evidence established by statute or court rule] paper, written or printed book, document or drawing, map or plan, photograph, microform, data processed or imaged processed document, sound recording, or similar device, or any copy thereof which has been made or is required by law to be received for filing, indexing, or reproducing by any officer or employee, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or which has been received by any such officer, commission, agency or authority of the State or any political subdivision thereof, in connection with the transaction of public business and has been retained by such recipient or its successor as evidence of its activities or because of the information contained therein, except that in the case of the Legislature, or any instrumentality of the Legislative Branch, "public record" or "record" means only those records required by law to be made, maintained or kept on file by the Legislature or any instrumentality of the Legislative Branch. "Public record" or "record" does not mean a "motor vehicle record" as defined in the "Driver's Privacy Protection Act," P.L. , c. (C. ) (now pending before the Legislature as Senate Bill No. 1302 and Assembly Bill No. 2049), including any reproduction of such records in any form, and the electronic storage and maintenance of such records and the information contained in such records¹.

    "Custodian of ¹[government] public¹ records" or "custodian" means the head of a public agency having ¹[possession] control¹ of ¹[government] public¹ records or his designee or ¹[the individual having control of the government records], in the case of a municipality, it means the municipal clerk or, in the case of the Legislature and members of the Legislature and staff of the Legislature and staff of members of the Legislature, it means the Secretary of the Senate or the Clerk of the General Assembly, the Executive Director of the Office of Legislative Services, or the chairman of such other entity as shall be within the Legislative Branch, as appropriate¹.

    "Criminal intelligence information" means information ¹[concerning an identifiable person or group of persons]¹ collected by a criminal justice agency in an effort to anticipate, prevent or monitor possible criminal activity.

    "Active criminal intelligence information" means criminal intelligence information which relates to intelligence gathering conducted with a ¹[reasonable]¹ belief that it will lead to the detection of criminal activity.

    "Criminal investigative information" means information ¹[concerning an identifiable person or persons]¹ compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act ¹[or],¹ omission, ¹or course of conduct,¹ including, but not limited to, information derived from laboratory tests, reports of investigators or informants, and ¹[any type of]¹ surveillance, but shall not mean the time, date, location and nature of ¹[reported crime] a crime that has been committed¹; the name, sex, age and address of a person arrested or of the victim of a crime; the time, date and location of the incident and of the arrest; the crime charged; ¹[documents given or required by law or agency rule to be given to the person arrested; or information and indictments] or complaints and indictments¹.

    "Active criminal investigative information" means criminal investigative information which concerns an ¹[ongoing]¹ investigation ¹that is not closed and for¹ which ¹there¹ is ¹[continuing with]¹ a reasonable, good faith anticipation of securing an arrest or prosecution ¹[in the foreseeable future] and includes information, the disclosure of which may interfere with a civil or criminal enforcement proceeding or another civil or criminal investigation.

    "Civil investigative information" means information compiled by an agency in the course of conducting an investigation of a specific act, omission, or course of conduct in violation of any law or regulation for the purposes of a civil, administrative or remedial enforcement action, including, but not limited to, information derived from laboratory tests, reports of investigators or informants and surveillance, but shall not mean the time, date, location and nature of a violation that has occurred; the name, sex, age and address of a person charged or of any victim; the violations charged; or any complaint, notice, petition or order filed or served.

    "Active civil investigative information" means civil investigative information which concerns an investigation that is not closed or disclosure of which may interfere with a civil, administrative, remedial or criminal enforcement action¹.

    4. a. The custodian of a ¹[government] public¹ record shall permit ¹[the] a¹ record to be inspected, examined and copied by any person at ¹[any] a¹ reasonable time and location consistent with this act. Copies of a ¹[government] public¹ record may be purchased by any person upon payment of the fee prescribed by law or, if a fee is not prescribed by law, upon payment of the actual cost of duplicating the record. ¹[The actual cost of duplicating the record shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy.] For purposes of this subsection, actual cost is limited to direct, chargeable costs related to the reproduction of a public record as determined by generally accepted accounting principles and does not include costs that would have been incurred by the public agency if a request to reproduce a public record had not been made. Notwithstanding the provisions of this subsection, if the request is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or if producing the record in the medium requested results in a greater use of information technology resources than that established by the agency for reproduction of the volume of information requested, then the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the actual cost incurred for such extensive use of information technology resources or the labor costs of the personnel providing the services, or for a greater use of information technology resources than is actually incurred by the agency or attributable to the agency. The costs of obtaining information stored electronically shall be determined pursuant to subsection c. of this section.¹ Except as otherwise provided by statute or regulation, ¹[however, in no event shall]¹ the fee assessed for ¹[the duplication] a photocopy¹ of a ¹[government] public¹ record embodied in ¹[the] paper¹form ¹[of printed matter exceed] shall be¹ the following: first page to tenth page, ¹[$0.50] $0.75¹ per page; eleventh page to twentieth page, ¹[$0.25] $0.50¹ per page; all pages over twenty, ¹[$0.10] $0.25¹ per page¹, unless the actual cost of a photocopy of the record is higher, in which case the cost shall be the actual cost of a photocopy¹.

    ¹[Prior to January 10 in each calendar year a public agency shall adopt a schedule establishing the actual costs of duplicating records, embodied in the form of printed matter, for which no fee is prescribed by law, which shall be in effect for a period of one year.]¹ The ¹[fee established] fees¹ for the purchase of copies of ¹[county]¹ maps or ¹[aerial]¹ photographs ¹[from any county officer whose office is established by the New Jersey Constitution]¹ may ¹[, however,]¹ include a reasonable charge for labor and overhead associated with ¹producing,¹ duplicating ¹[a record] and transmitting copies of those records¹. Unless otherwise provided by law, any fees payable under this section shall be collected, deposited and accounted for in the manner prescribed for other operating funds of the public agency.

    b. Whenever the nature, format, manner of collation, or volume of ¹[government] public¹ records ¹[embodied in the form of printed matter]¹ to be inspected, examined or copied pursuant to this section is such that the records cannot be reproduced by ordinary document copying equipment in ordinary business size, ¹or involves an extraordinary expenditure of time and effort to accommodate the request,¹ the agency may charge, in addition to the actual cost of duplicating the record, a special service charge, which shall be reasonable and shall be based upon the expense associated with these services¹, which may include overhead and labor costs. Public agencies are hereby authorized to specify which public records, or portions thereof, have a unique monetary value and to adopt procedures for the production thereof. By way of example and not limitation, a public record with a unique monetary value is a map used in conjunction with a global positioning system or a global mapping system¹.

    c. A custodian ¹[may] shall¹, in appropriate circumstances and if the requestor so desires, permit access to ¹[government] public¹ records by remote electronic means or provide the requestor with a ¹[computer]¹ copy of the records ¹in electronic form. However, an agency shall not be required to provide the requestor with a computer record that requires the access, creation or transmission of a computer copy of a record in any manner different from an agency's normal operating procedures¹. The fee established by a public agency for this type of access shall include direct and indirect costs, but shall not exceed the reasonable cost to the agency of making such access available to the requestor or of creating and transmitting the ¹[computer]¹ copy ¹[,]¹ electronically ¹[if possible and the requestor so desires, to the requestor]¹. The custodian shall take steps to prevent unauthorized electronic access or alteration of public records.

    5. a. The custodian of each public agency shall adopt a form for the use of any person who requests access to a ¹[government] public¹ record held by the public agency. ¹[The use of such] Such¹ form shall be ¹[at the option of the requestor and a verbal request shall] used for all written requests, but a verbal request may¹ be accepted by any public agency. The form shall provide for indication of the name, address and phone number of the requestor and a brief description of the ¹[government] public¹ records sought¹[, but the requestor shall have the option not to supply a name, address or phone number] . In order to process a written request and to ensure the integrity and preservation of public records, a custodian may require a person or persons requesting access to public records to present some form of identification, but requestors or their representative shall have the option to give an alternate address or telephone number where they can be contacted¹. The form shall include space for the custodian to indicate which records will be made available, when the records will be available and the fees to be charged. The form ¹[shall] may¹also include the following:

    (1) specific directions and procedures for requesting records;

    (2) a schedule of fees to be charged;

    (3) a statement as to whether prepayment of fees or a deposit is required;

    (4) the time period within which the public agency is required by this act to make the records available;

    (5) a statement of the requestor's right to appeal a decision by the public agency to deny access and the procedure for filing an appeal pursuant to section 8 of this act;

    (6) space for the custodian to list reasons when a request is denied in whole or in part;

    (7) space for the requestor to sign and date the form; ¹[and]¹

    (8) space for the custodian to sign and date the form when the request is complied with or denied ¹; and

    (9) a list of documents or information held by the custodian which are entitled to exemption from disclosure under this act¹.

    b. Requests for access to ¹[government] public¹ records ¹[may be written or verbal and]¹ shall be hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. If the custodian is unable to comply with a request for access, he shall indicate the reasons therefor on the request form and promptly return it to the requestor. When a custodian denies access based upon ¹[a statutory] an¹ exception to the right of access established by this act, he shall cite the specific ¹[statute section] authority¹ as part of his denial ¹; except that where the information sought involves active civil or criminal investigative or intelligence information the custodian shall be permitted to respond to such request by stating the following: "The files of this agency do not include any public information relevant to your request and the law does not permit a custodian of records to confirm or deny possession of information included in active criminal or active civil investigative files"¹. The custodian shall advise the requestor in writing of the requestor's right to appeal and the manner in which an appeal may be filed. The custodian shall sign and date the form. If the ¹[government] public¹ records requested are temporarily unavailable because they are in use or in storage, the custodian shall so advise the requestor in writing on the form as well as the ¹estimated¹ time and place when the information will be available. ¹[When a request for access to government records would substantially disrupt agency operations, the custodian may deny access to the records after attempting to reach a reasonable solution with the requestor which accommodates the interests of the requestor and the agency.]¹

    6. Any officer or employee of a ¹[government] public¹ agency who receives a request for access to a ¹[government] public¹ record shall forward the request or direct the requestor to the custodian of the records.

    7. A custodian of ¹[government] public¹ records shall provide the records or deny a request under this act for access to ¹[government] public¹ records as soon as reasonable. ¹[It shall be presumed that access to government records required or authorized to be provided under the provisions of this act shall be granted immediately.]¹ Whenever there exists a bona fide question involving a legal opinion as to whether such access is required to be so provided or the time required for retrieval and duplication of the records is extraordinary, the custodian shall: a. within ¹[48 hours] five business days¹ of receiving the request, determine the existence of such question or such extraordinary requirement of time and, if the requestor has supplied the custodian with sufficient information to enable the custodian to contact the requestor, notify the requestor of the determination, or if not, be prepared to provide notice of the determination upon inquiry by the requestor; and b. provide the records or deny the request not later than ¹[10] 30¹ days after receiving the request.

    8. a. A person who is denied access to ¹[government] public¹ records by the custodian of the records may appeal the custodian's decision by filing an action in Superior Court ¹in lieu of prerogative writ or by order to show cause¹.

    In any such action, the court shall proceed in a summary manner. ¹[Actions brought pursuant to this act shall take precedence over all other matters and shall be handled as expeditiously as possible.]¹ The ¹[government agency] custodian¹ shall have the burden of proving that its denial of access is authorized by this act¹; provided, however, that if the basis of the denial is that the public record is exempt from disclosure pursuant to subsection q. of section 14 of this act, the burden of proof shall be as provided under the applicable law providing for nondisclosure¹. If it is determined that access has been improperly denied, the court shall order that access be allowed.

    b. Whenever a custodian determines that disclosure of a ¹[government] public¹ record which is ordinarily accessible to the public pursuant to this act would ¹[cause substantial harm to the public interest] result in the public interest being clearly endangered or the personal privacy or guaranteed rights of individuals would be clearly in danger of unwarranted invasion¹, the custodian may apply to the Superior Court for an order authorizing denial of access. The court may issue such an order if it finds, after a hearing, that permitting access would cause ¹[substantial harm to the public interest] such danger¹. The burden of proof shall be on the custodian. Any person who has sought access to a record with regard to which the custodian has filed an action shall receive notice of the hearing and shall have the opportunity to be heard and to be represented by counsel at the hearing. ¹If, in the opinion of the custodian, the request to inspect, examine, copy or obtain a copy of information is unreasonable because it is overly burdensome in that compliance with the request would clearly require the agency to disrupt, suspend or delay performance of a significant function of the agency, then the custodian shall promptly notify the requestor, in writing if requested, and offer to provide the information in a different format or at a later date if an alternative would avoid the disruption, suspension or delay. The requestor may modify the request or treat the notice as a denial.

    c. In order to maintain the integrity of those agencies engaged in operations that are exceptions to the constitutional prohibition against gambling, any such agency shall be permitted to withhold any record otherwise accessible under this act if the custodian determines that access may result in damage to the integrity of the operation of such agency.¹

    ¹[c.] d.¹ When ¹[a government agency] any party¹ does not prevail in any proceeding brought pursuant to this act, the court may assess against it reasonable attorney's fees and other reasonable litigation expenses.

    9. ¹[a.]¹ Access to ¹[government] public¹ records shall be permitted during the regular business hours of the public agency having custody of the records. A person shall have the right to copy a record by hand under appropriate supervision by the custodian or the custodian's designee and consistent with the need to preserve the original. A person shall have the right to use his own duplicating process to copy a ¹[government] public¹ record ¹at the public agency¹ if the custodian finds that there is no risk of damage to the document and that this would not be incompatible with the operation of the public agency.

    ¹[b. Government records shall be kept in the buildings in which they are ordinarily used. Records which are worn, mutilated, damaged or difficult to read shall be copied or repaired, as appropriate. Records may be removed from the building in which they are ordinarily kept while being copied or repaired. The custodian shall certify that any copy of a record is an accurate copy of the original.]¹

    10. When the custodian of a ¹[government] public¹ record asserts that part of a particular record is exempt from public access pursuant to this act, the custodian shall delete or excise from ¹a copy of¹ the record that portion which is exempt from access and shall permit access to the remainder of the record.

    11. In any action in which the decision of a custodian to deny access to a ¹[government] public¹ record is at issue, the record or part thereof in question shall be submitted to the court for an inspection in camera as the court determines to be ¹[necessary] appropriate¹. If the court determines that the ¹[government] public¹ record is not exempt from disclosure, it shall order the record to be produced for public access.

    12. When a custodian denies access to a ¹[government] public¹ record on the grounds that it is exempt from public disclosure pursuant to this act, the record shall be maintained on file by the custodian for at least 30 days after access is denied. No ¹[government] public¹ record shall be altered or destroyed during the pendency of an action seeking access to the record.

    13. a. Except as provided under subsection e. of this section with respect to the disclosure of personal records to the individual to whom those records pertain, an agency shall disclose or authorize the disclosure of a ¹[personal]¹ record ¹that includes information about a person¹ to any person when the disclosure is:

    (1) the name, compensation, job title, business address, business telephone number, and job description; to the extent necessary to demonstrate compliance with the requirements for holding the position in the agency, the education, training background, and previous work experience; and dates of first and last employment, of any present or former officer or employee of the agency;

    (2) pursuant to the prior written consent of the individual to whom the record refers;

    (3) information collected and maintained for the purpose of making information available to the general public;

    (4) information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public;

    (5) pursuant to federal law or a State law that expressly authorizes disclosure;

    (6) pursuant to a ¹court order issued upon a¹ showing of compelling circumstances affecting the health or safety of any individual, in which case the agency shall make reasonable efforts to notify the individual to whom the record refers;

    (7) pursuant to an order of a court in which case the agency shall notify the individual to whom the record refers by mailing a copy of the order to the individual's last known address;

    (8) pursuant to a subpoena from either house of the State Legislature, the Joint Legislative Committee on Ethical Standards or any ¹commission,¹ committee or subcommittee of the ¹ [General Assembly or Senate] Legislature¹, in which case the agency shall notify the individual to whom the record refers by mailing a copy of the subpoena to the individual's last known address; ¹or¹

    (9) information from motor vehicle registration lists which is necessary for recall purposes ¹[;

    (10) pursuant to a subpoena issued by the State Commission of Investigation, in which case the agency shall notify the individual to whom the record refers by mailing a copy of the subpoena to the individual's last known address ; and

    (11) in any other case, not a clearly unwarranted invasion of personal privacy]¹.

    b. Except as provided in subsection a. of this section, no agency shall be required under this act to disclose information subject to a significant privacy interest unless the public interest in disclosure is compelled by an imminent threat to public health and safety. Individuals shall be presumed to have a significant privacy interest in the following matters ¹[only]¹:

    (1) information relating to medical, psychiatric or psychological history, diagnosis, condition, treatment, or evaluation ¹[, other than directory information concerning an individual's presence at any facility]¹;

    (2) information compiled and identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

    (3) information relating to eligibility for social services or welfare benefits or to the determination of benefits or to the determination of benefit levels;

    (4) information in an agency's personnel file, or applications, nomination, recommendations, or proposals for public employment or appointment to a governmental position, except information relating to ¹[the status of any formal charges against the employee and] any¹ disciplinary action ¹[taken] against an employee, but only upon completion of any available administrative appeal¹;

    (5) information relating to an individual's nongovernmental employment history, except as necessary to demonstrate compliance with requirements for the particular position;

    (6) information in an income or other tax return measured by items of income or gathered by an agency for the purpose of administering the tax;

    (7) information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or credit worthiness;

    (8) information comprising a personal recommendation or evaluation; or

    (9) information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:

    (a) the record of any proceeding resulting in revocation or suspension of a license and the grounds for revocation or suspension;

    (b) information on the employment and required insurance coverages of licensees; and

    (c) the record of complaints, including all dispositions.

    c. In addition to disclosures ¹[permitted] required¹ under subsection a., an agency may disclose or authorize the disclosure of an individually identifiable record if made to:

    (1) another agency if disclosure is:

    (a) certified by the requesting agency as being necessary to the performance of its duties and functions; and

    (b) compatible with the purpose for which the information in the record was originally collected or obtained;

    (2) the State ¹[archives] Archives¹ for purposes of historical preservation or administrative maintenance;

    (3) another agency, another state, or the federal government, if disclosure is:

    (a) for the purpose of a civil or criminal law enforcement investigation;

    (b) specifically authorized by statute or compact; and

    (c) pursuant to agreement or written request;

    (4) an agency for transmission to courts of this State, another state, or the United States for presentence or probationary purposes;

    (5) a foreign government pursuant to executive agreement, compact, treaty, or statute;

    (6) a criminal law enforcement agency of this State, another state, or the federal government if the information requested is limited to an individual's name and other identifying particulars, including present and past addresses and present and past places of employment;

    (7) authorized officials of the federal government or of an agency of this State for audit or review purposes if:

    (a) the audit or review is expressly authorized by law; and

    (b) disclosure is certified by the requesting agency as being necessary to the performance of audits or reviews; and

    (8) the United States Bureau of the Census for the purpose of planning or carrying out a census, survey, or related activity under Title 13 of the United States Code.

    d. ¹[An] A public¹ agency receiving information pursuant to subsection c. of this section shall be subject to the same provisions concerning disclosure of the information as the originating agency.

    e. Except as provided in this section, an individual or an individual's duly authorized representative may examine or copy, during the regular business hours of the agency, any accessible record that pertains to the individual. In implementing the rights under this subsection, the agency shall follow the procedures established herein, subject to the requirement that, upon receipt of a request to examine or copy an accessible record, the agency shall verify the identity of the requester.

    f. An agency is not required by subsection e. of this section to disclose:

    (1) information that may be withheld pursuant to section 14 of this act ¹[, except to the extent that the information sought was submitted by the requester]¹;

    (2) information collected and used solely to evaluate the character and fitness of persons¹[, but only to the extent that disclosure would identify the source of the information]¹; or

    (3) information that does not relate directly to the requester and which, if disclosed, would constitute a clearly unwarranted invasion of another individual's personal privacy.

    g. Nothing contained in this section shall be construed as abridging any statute that authorizes an agency to withhold information from the parent or legal guardian of a child.

    h. If an individual requests ¹[an accessible] a public¹ record which contains both public information and information the agency is not required to ¹[disclosure] disclose¹, the agency shall provide the ¹portion of a public record containing¹ public information ¹[contained in the record]¹ after deleting the undisclosable material ¹from a copy of the record to be provided to the requestor¹, provided that the undisclosable material ¹[may] can¹ be severed from the ¹[public information] copy of the public record¹.

    14. Nothing contained in this act shall be construed to require ¹or permit¹ disclosure of:

    a. active criminal intelligence information ¹[and],¹ active criminal investigative information¹, civil investigative information or active civil investigative information¹;

    b. any information ¹[revealing] which may reveal¹ the identity of a confidential informant ¹[or],¹ a confidential source¹, a citizen informant, or an individual whose records have been registered as confidential based on State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court, federal law or federal regulation¹;

    c. any information ¹[revealing] which may reveal¹ a criminal justice agency's surveillance, security or investigative techniques or procedures or personnel. Notwithstanding anything contained herein, any comprehensive inventory of State and local law enforcement resources compiled pursuant to statute and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies are exempt from the provisions of this act and shall be unavailable for inspection except by personnel authorized by State or local law enforcement agency, the office of the Governor, the Attorney General, or the Department of Community Affairs or by court order;

    d. any information ¹[revealing] which may reveal¹ undercover personnel of any criminal justice agency ¹[not previously disclosed]¹;

    e. any criminal intelligence information or criminal ¹or civil¹ investigative information including the photograph, name, address, or other fact or information which reveals the identity of the victim of the crime of sexual battery; the identity of the victim of the crime of lewd, lascivious, or indecent assault upon or in the presence of a child; and any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records, which may reveal the identity of a person ¹[under the age of 18]¹ who is a victim of any sexual offense;

    f. any criminal intelligence information or criminal investigative information which reveals the personal assets of the victim of a crime, other than property stolen or destroyed during the commission of the crime;

    g. inter-agency or intra-agency advisory, consultative, or deliberative material¹[, other than factual information or final policy determinations, if communicated for the purpose of decision-making] or advisory, consultative, or deliberative material to or from an agency official, an agency employee, an elected or appointed official or a staff member of an elected or appointed official, other than those records defined as such in section 3 of this act¹ ;

    h. material prepared in anticipation of litigation ¹[which would not be available to a party in litigation with the agency under the rules of pretrial discovery for actions in a court of this State]¹;

    i. materials used to administer a licensing, employment, or academic examination ¹[if disclosure would compromise the fairness or objectivity of the examination process]¹;

    j. information which, if disclosed, would frustrate government procurement or give an advantage to any person proposing to enter into a contract or agreement with an agency including information involved in the collective bargaining process provided that a roster of employees shall be open to inspection by any organization which is allowed to challenge existing employee representation;

    k. information identifying real property under consideration for public acquisition before acquisition of rights to the property, or information not otherwise available under the laws of this State pertaining to real property under consideration for public acquisition before making a purchase agreement;

    l. administrative, technical or other information including software, operating protocols and employee manuals, the disclosure of which would jeopardize the security of a record-keeping system;

    m. proprietary information, including computer programs and software and other types of information manufactured or marketed by persons under exclusive legal right, owned by the agency or entrusted to it ¹;except that any public agency shall require any vendor, with whom it contracts after the effective date of this act, supplying or providing computer programs or software to either make provision so that such program or software may be produced in print impact or print character form or alternatively that such vendor consents to disclosure pursuant to the provisions of this act¹;

    n. trade secrets or confidential commercial and financial information obtained, upon request, from a person;

    o. library, archival, or museum material contributed by private persons to the extent of any lawful limitation imposed on the material;

    p. any advisory opinion rendered by the Joint Legislative Committee on Ethical Standards ¹or counsel thereto¹; ¹[or]¹

    q. information that ¹[is expressly] has heretofore been, or is hereafter,¹ made nondisclosable or confidential under federal or State law or protected by ¹[the rules] a rule¹ of evidence, whether or not a proceeding is then pending ¹[.] ;

    r. information related to any civil or administrative enforcement investigation;

    s. any archival materials of which the New Jersey Division of Archives and Records Management is the official repository that would suffer damage as a consequence of access or reproduction. The Director of the New Jersey Division of Archives and Records Management is hereby authorized to promulgate rules for inspection and copying archival materials;

    t. grand jury materials, access to which is governed by court rule and common law;

    u. the files maintained by the Office of the Public Defender which relate to the handling of any case, or which relate to any alternate dispute resolution proceeding conducted by the Office of Dispute Settlement;

    v. property record cards maintained by municipalities or tax assessors; provided, however, that a requestor who has filed a tax appeal shall not be prohibited from obtaining through the ordinary course of discovery in the tax appeal the property record card of the property under appeal as well as the property record cards of any properties being used as comparables; or

    w. those parts of records or information the disclosure of which appears reasonably calculated to lead to the disclosure of records or information the disclosure of which is not required by this act.¹

    Nothing contained in this section shall be construed to exempt from section 4 of this act a public record which was made part of a court file and which is not specifically closed by order of a court.

    15. ¹a.¹ Nothing contained in this act shall be construed as limiting ¹[the]¹ common law ¹[right of]¹ access to public records ¹, or the balancing of interests thereunder, or as limiting common law privileges¹.

    ¹b. In addition to and not by way of limitation of anything contained in this act, the following records are deemed and declared public records subject to the immediate right of inspection, examination and copying by members of the public:

    (1) the record of all credit cards issued to or by any public agency or by a public agency to any agent, servant or employee thereof including all records of charges incurred thereon; provided, however, account numbers and expiration dates shall not be deemed or declared a public record;

    (2) all settlement agreements entered into by any public agency in settlement of any pending, anticipated or threatened litigation arising out of such agency's official actions, duties or responsibilities;

    (3) all salary records of any public agency; and

    (4) nothing contained herein shall require the disclosure of any part of any of the foregoing records that contains material or information which is the subject of any privileges based in the Constitution, statutes or case law.¹

    16. P.L.1963, c.73 (C.47:1A-1 et seq.) is repealed.

    17. This act shall take effect on the ¹[60th] 180th¹ day after enactment, except that public agencies may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

Revises law governing access to public records.