The bill amends New Jersey's public records law to explicitly prohibit requests for government records for commercial purposes, defining "commercial purpose" as any use intended for profit, including sale or solicitation. Notably, the bill exempts news media, educational, scientific, and governmental organizations from this prohibition when using records for non-commercial purposes. To enforce this, requestors must certify that their intended use of the information is non-commercial, with civil penalties imposed for those who fail to provide this certification, escalating from $500 for the first offense to $2,000 for subsequent offenses.
Furthermore, the bill updates the definition of "government record" and specifies various exemptions from public access, such as personal identifying information and criminal investigatory records. It introduces a new form for requestors that includes a certification section for non-commercial use, as well as details regarding the custodian's response and the requestor's rights in case of denial. The legislation also establishes penalties for public officials who unreasonably deny access to records, with fines increasing for repeated violations. The act is set to take effect immediately upon passage.
Statutes affected: Introduced: 47:1A-1.1, 47:1A-5, 47:1A-11