HB1134-09

House votes in favor of records bill

bniolet — Thu, 09 Jul 2009 15:31:14 -0400

The House gave preliminary approval Thursday to a bill that would mandate government agencies who lose public records lawsuits have to pay up.

The bill creates a new division of the Attorney General's office that would advise some 1,500 governmental units on public records issues. The unit could also mediate disputes before they end up in court.

The bill also states that if a governmental agency, city, town, county, school system or other public entity loses a lawsuit over public records, a judge must require the agency to pay the plaintiff's attorney fees.

State law already allows judges to impose fees, but it is rarely used in public records cases.

"The public records are the people's records," said Rep. Deborah Ross, a Raleigh Democrat and co-sponsor of the bill. "They're not our records. They're not the politicians' records."

The bill was unlike nearly ever other contentious bill that has been discussed on the House floor this year in that the usual partisan lines were gone. On Thursday, what determined whether a House member was in favor or against the bill seemed to be whether he or she was once a locally-elected official.

Rep. Lucy Allen, a Louisburg Democrat and former mayor of that city, offered an amendment that would allow a government or agency to avoid paying legal fees if it relied on a written opinion from its staff or contract attorneys to deny releasing the records.

More after the jump.

Full House will hear records bill

bniolet — Wed, 08 Jul 2009 10:24:18 -0400

A bill that would all but guarantee attorneys fees for those who sue over public records cleared a key committee Wednesday morning.

The bill's supporters narrowly escaped an amendment that would have also guaranteed attorneys fees if a government agency wins a records lawsuit. The amendment failed on a tie vote.

The amendment's sponsor, Rep. Bill Owens, an Elizabeth City Democrat, was necessary to ensure that news organizations and state residents don't flood government with frivolous lawsuits.

"It's said we need to look out for the people's information," Owens said. "We need to look out for the people's money as well."

Supporters of the original bill said that government agencies, cities, counties and towns are not above using their staff attorneys to stonewall citizens.

"Since when has fighting city hall been described as a level playing field?" said Rep. Edgar Starnes, a Hickory Republican.

Owens amendment, or one like it, seems likely to resurface when the bill hits the House floor, possibly next week.

More after the jump.

Records bill has foes

bniolet — Wed, 08 Jul 2009 07:59:32 -0400

Lobbyists for North Carolina's local government officials are resisting legislation that would force governments to pay legal fees after losing a lawsuit to release documents.

The House Finance Committee on Wednesday again considers a bill that would make it easier for news media outlets and individuals suing in public records lawsuits to collect attorney fees if the documents are released.

Judges now can deny the payment if they think the government body has substantial justification to deny access.

Lobbyists say more than 1,500 state and local government agencies, boards and commissions would be subject to the law. The bill would have to clear votes in the committee, the full House and then the Senate, which approved a similar measure last year. (AP)

Tardy budgets, tasting beer

markjohnson — Wed, 01 Jul 2009 06:50:02 -0400

N.C. among the fiscally tardy five...Produce public records or pay...Just say no to underage working...beer and puppies.

Happy first day of the new fiscal year!

FUSS BUDGET - North Carolina is one of five states -- along with Arizona, California, Mississippi and Pennsylvania -- that did not have its budget written on time. (New York Times)

DOCUMENTATION OR LITIGATION - The House Finance Committee today takes up a bill that would require government entities to pay the legal fees of anyone who has to sue to obtain public records.

IPODS, NOT ASSEMBLY LINES - The Senate today will consider a bill that doubles penalties for violation of state child labor laws, now among the weakest in the nation, according to the National Consumers League.

WOOF! SLURP - The anti-puppy mill bill advances, as does legislation allowing beer tastings. As Homer Simpson would say: "Mmmmm. Beer."

Open meetings bill clears key committee

bniolet — Fri, 01 May 2009 13:53:28 -0400

A bill that would make it easier for people to collect attorneys fees if they win public records lawsuits, cleared a key House committee intact this week.

Versions of the same bill have sailed through the Senate in previous sessions only to stall in the House. Speaker Joe Hackney didn't like previous versions of the bill because they stripped all discretion away from judges hearing public records lawsuits.

The current bill, modeled on a Texas law, requires a judge to award attoneys fees in cases that are won substantially. Fees don't have to be awarded in close calls. Hackney supports the current version.

The bill also establishes a unit within the Attorney General's office to mediate public records and open meetings disputes.

"We prefer that people don't go to court in the first place," said Rep. Deborah Ross, a Raleigh Democrat and co-sponsor of the bill.

The N.C. Press Association supports the bill. The Association of County Commissioners and League of Municipalities do not. The bill still has one more committee to clear before the full House can vote on it.

Update: Post now explains Hackney's stance on the current bill.