NJ Legislature Passes Bill To Change Open Public Records Act

Senate Chamber of New Jersey Capitol

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The New Jersey Legislature has passed a bill that could significantly alter the state's Open Records Act. Despite objections from civil rights groups and the state's press association, the bill was approved by the Democrat-led Assembly and Senate on Monday. The legislation now awaits the signature of Governor Phil Murphy, who has not yet indicated his stance on the measure.

The bill, which aims to modernize the 22-year-old Open Public Records Act (OPRA), has been met with criticism from those who believe it will limit public access to government records. Critics argue that the changes will make it more difficult for the public and journalists to obtain documents from state and local governments, including budgets, agency receipts, public salaries, and correspondence.

Supporters of the bill, including its main sponsor, Democratic Assemblyman Joe Danielsen, argue that the legislation is necessary to help clerks who struggle to handle a large volume of requests, often from commercial interests. Danielsen stated that the majority of OPRA requests are approved and that the bill would not change this.

However, the bill includes several controversial changes. It allows commercial interests to pay up to twice the cost of producing records and authorizes agencies to take legal action against requesters who are deemed to be disrupting government function. The bill also removes the requirement for towns to pay attorneys' fees in court cases they lose over records requests, a provision that critics argue could make it harder for the public and news reporters to challenge local and state governments in court due to the high cost of litigation.

The bill was passed amid shouts of 'shame' from the gallery, with some spectators accusing the lawmakers of voting for more secrecy and government corruption. The legislation is now on its way to Governor Murphy's desk for approval or veto.


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