RALEIGH (AP) - The Senate signed off Monday on a plan that would require local governments to pay the legal bills of citizens who file and win lawsuits after being illegally denied access to public records.
The measure would guarantee record-seekers compensation for their legal bills if they win lawsuits demanding access to the files. Mandating compensation would ensure citizens and organizations aren't left to foot hefty legal bills after taking the government to court to require it to release information it should have never denied.
Current state law gives judges discretion to award money for legal bills. But the bill's proponents, including Senate Majority Leader Tony Rand, D-Cumberland, have said judges are often reluctant to award the fees, which are drawn from the local government unit's coffers.
Bill sponsor Sen. David Hoyle, D-Gaston, said he decided to push for the change after learning of some recent cases where newspapers have endured protracted and expensive legal proceedings to access public records.
Hoyle's proposal would also create an Open Government Unit within the state's Department of Justice. The special organization would be charged with mediating open records and public meetings disputes before they enter the courtroom.
"We believe it would cut a lot of litigation that is unnecessary," Hoyle said.
The state's Fiscal Research Division, using data from the Department of Justice, estimates that state officials already field about 430 open records disputes annually.
The unit's workers also would be required to study other states' public records laws and recommend ways North Carolina can improve its law.
During the committee process, lawmakers stripped a provision that would have set aside more than $412,000 to establish the unit because the budget sent to Gov. Mike Easley didn't include the funding.
The legislation approved Monday allows the Department of Justice to charge a "reasonable fee," but it doesn't set limits on the fee nor specify who will be charged — the government unit, the record-seeker, or both.
The bill now heads to the House, which must approve the plan before it can be sent to Easley.
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