Senate Bill No. 2930 Seeks to Revise New Jersey’s Open Public Records Act
TRENTON, NJ – A motion driven by New Jersey Democrats which will likely garner bi-partisan support in the state legislature seeks to radically alter the Open Public Records Act. That act guarantees residents’ rights to seek and obtain public government documents.
The Senate Budget and Appropriations Committee has reported favorably, with amendments, on Senate Bill No. 2930, which proposes significant changes to the open public records act (OPRA). Championed by Senator Paul Sarlo, the bill aims to modify the framework governing public access to government records.
Key revisions include allowing records custodians discretion to deny duplicative or anonymous requests and promoting the digitalization of public records for online accessibility. The bill introduces a comprehensive definition of “personal identifying information,” mandating its redaction and specifies the conditions under which public records are exempt from disclosure.
It also establishes new timelines for responding to records requests and restricts data brokers from accessing records for commercial purposes. In an effort to protect public agencies from violations and potential harassment, the bill shifts responsibility for infractions from the custodian to the agency itself and permits courts to issue protective orders in certain situations.
Significant structural changes are proposed for the Government Records Council, including the addition of more public members, the establishment of staggered five-year terms with annual salaries, and the requirement for partisan balance. Additionally, the bill initiates the creation of a Police Record Access Improvement Task Force to review and recommend modifications to the laws concerning public access to police records.
Committee amendments have further refined the bill, mandating that records custodians offer additional assistance to requestors struggling to locate records online. This assistance must be provided within seven days of a request. Furthermore, the amendments ensure that the timely production of records can lead to the dismissal of matters and award reasonable attorney’s fees to requestors. They also reinforce the necessity for partisan balance within the Government Records Council.
While the fiscal impact of Senate Bill No. 2930 remains undetermined, its proposed changes represent a comprehensive effort to modernize and streamline access to public records in New Jersey, balancing transparency with privacy and efficiency.