Bill > A1545

Introduced Session

This bill would clarify that a public agency does not have to convert a public record to a particular electronic format under the State's open public records law, commonly referred to as the "Open Public Records Act," P.L.1963, c.73 (C.47:1A-1 et seq.). Current law does not expressly address requests for public records in particular electronic formats. This bill would provide that a public agency must provide the record in the electronic format requested only if the agency maintains the record in that format. Otherwise, the public agency, in its discretion, may either convert the record to the electronic format requested or provide a copy in the electronic format maintained by the public agency. If the public agency elects to convert a record to the electronic format requested, the agency may charge a special charge for the reasonable conversion costs in those circumstances in which a special charge may be charged for converting a record to the medium requested provided for under current law. This bill would simplify the process for responding to requests for electronic public records so that records custodians may focus their efforts on the timely provision of public records, and to help avoid potential litigation over such requests, which can lead to substantial costs for a public agency.

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Erik Peterson (R)*,  Craig Coughlin (D), 

Introduced, Referred to Assembly Judiciary Committee (on 01/27/2016)