Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.
If enacted, A782 will modify how public access to government documents is provisioned in New Jersey. By differentiating commercial requests from personal requests, the state acknowledges the different implications and costs associated with each. This distinction aims to protect public resources while still maintaining access to information for legitimate business use. However, the bill also introduces a civil penalty of $500 for individuals who do not disclose the commercial intent of their requests, reinforcing the importance of transparency in governmental interactions.
Assembly Bill A782 proposes amendments to the existing open public records act, specifically targeting requests made for commercial purposes. Under this bill, entities requesting public records for commercial use will incur a special service charge based on the actual costs of fulfilling such requests, which must be deemed reasonable. This provision aims to reflect the increased resource demands that commercial requests typically entail compared to personal requests. Additionally, the time frame for custodians to respond to these requests has been extended from seven to fourteen business days, a notable change intended to accommodate the complexity and volume of commercial inquiries.
The bill has sparked discussions regarding the balance between public access to records and the operational costs incurred by governmental bodies. Supporters argue that the proposed measures will streamline the process and allocate resources efficiently, allowing for better management of public records. Conversely, critics may perceive the change as a potential barrier to access, fearing it could deter public inquiries or disproportionately affect small businesses and nonprofits that require tax-funded records for their operations.