Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Provides for protective orders to limit requests for access to government records in certain cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning limits on requests for access to government records and supplementing 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. Notwithstanding any other law, rule, or regulation to the contrary, whenever it is made to appear by verified petition to the Superior Court of the county in which a requestor for government records under P.L.1963, c.73 (C.47:1A-1 et seq.) resides or has a primary place of business, the court may issue a protective order limiting the number and scope of requests a requestor may make. The court may issue the protective order if it determines that the requests for access to a government record submitted by the requestor under P.L.1963, c.73 (C.47:1A-1 et seq.) over a period of time have substantially disrupted the operations of the public agency, or the custodian, or both. The petition shall be accompanied by a declaration of facts by the public agency withholding the records demonstrating that it has complied with P.L.1963, c.73 (C.47:1A-1 et seq.) and has made a good faith effort to reach an informal resolution of the issues relating to the records requests.
The order may limit, or in appropriate circumstances eliminate, the public agency’s duty to respond to government records requests from the requestor in the future. The order may set timeframes for responding to future requests by the requestor. An order to limit the public agency’s duty to respond shall not exceed one year from the date of the court order.
Upon entry of an order pursuant to this section, the order of the court shall be immediately reviewable by petition to the Appellate Division of the Superior Court. A party shall, in order to obtain review of the order, file a petition within 20 days after service of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the appellate court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates probable success on the merits or that it will otherwise sustain irreparable damage. Any person who fails to obey the order of the court shall be cited to show cause why the person is not in contempt of court.
For the purposes of this section, the “county of residence” shall include any address listed on the request for the government records.
2. This act shall take effect
on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill allows a court to issue a protective order limiting the number and scope of requests for access to a government record a requestor may make. The court may issue the protective order if it determines that the requests for access to a government record over a period of time have substantially disrupted the operations of the public agency, or the custodian, or both. The petition to the court for the order will be accompanied by a declaration of facts by the public agency withholding the records demonstrating that it has complied with the law and has made a good faith effort to reach an informal resolution of the issues relating to the records requests.
The order may limit, or in appropriate circumstances eliminate, the public agency’s duty to respond to government records requests from the requestor in the future. The order may set timeframes for responding to future requests by the requestor. An order to limit the public agency’s duty to respond will not exceed one year from the date of the court order.
The order may be appealed to the Appellate Division of the Superior Court.