Bill Text: NJ A3372 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes Open Public Records Act Review Committee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-01 - Introduced, Referred to Assembly State and Local Government Committee [A3372 Detail]
Download: New_Jersey-2024-A3372-Introduced.html
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Establishes Open Public Records Act Review Committee.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a committee to review the open public records act.
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. The State of New Jersey believes in an open and transparent government;
b. The open public records act, commonly referred to as OPRA, was adopted in 2001 to provide citizens with the ability to examine the records of their government;
c. OPRA has had a positive impact, yet there are concerns regarding the abuse of OPRA, such as requests for commercial purposes;
d. In recent years, there has been an increase in attacks against public officials, which has led to challenges when balancing the release of information against a citizen's right to privacy;
e. The actual, day-to-day effect of OPRA should be reviewed to ensure that the intent of OPRA is being achieved and is as fair as possible to all parties; and
f. The establishment of a committee is necessary to review and make recommendations, as appropriate, to amend OPRA to ensure that it is as fair and balanced as possible.
2. There is established a committee, to be known as the Open Public Records Act Review Committee, to consist of 11 members. The Commissioner of the Department of Community Affairs and the Executive Director of the Government Records Council, or their designees, shall serve as ex-officio members. The Senate President shall appoint three members, no more than two of whom shall be a member of the same political party, one of whom shall be a member of the news media, one of whom shall be a municipal clerk, and one of whom shall be a member of the general public with an interest in an open and transparent government. The Speaker of the General Assembly shall appoint three members, no more than two of whom shall be a member of the same political party, one of whom shall be a chief of police, one of whom shall be a mayor, and one of whom shall be a member of the general public with experience as a victims' rights advocate. Three members shall be appointed by the Governor, no more than two of whom shall be a member of the same political party, one of whom shall be a municipal manager, and two of whom shall be attorneys licensed in the State of New Jersey with knowledge and experience with the open public records act, one of whom shall have experience as an attorney on the local government level and one of whom shall have experience as an attorney on the State government level.
A vacancy in the membership of the committee shall be filled in the same manner in which the original appointment was made.
3. The members of the committee shall be appointed and shall hold their initial organizational meeting within 45 days after the effective date of this act. The members shall elect one of the members to serve as chair and one of the members to serve as vice-chair. The chair may appoint a secretary, who need not be a member of the committee. The members of the committee shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the committee.
4. The committee shall meet at the call of the chair. The committee shall hold at least three public hearings in different parts of the State and elicit testimony from the public at such times and places as the chair shall designate. A meeting of the committee may be called at the request of six of the committee's members and six members of the committee shall constitute a quorum at any meeting thereof.
5. It shall be the duty of the committee to, at a minimum:
a. review OPRA and examine how the statute compares with actual operation and use;
b. evaluate OPRA in relation to increased crimes against public officials and societal changes in general;
c. analyze how OPRA requests are balanced with the right to privacy;
d. examine how OPRA has been used for commercial, marketing, business, and research purposes;
e. research and review complaints regarding the use of OPRA to harass and obstruct government agencies;
f. consider such other matters relating to OPRA as the members of the committee may deem appropriate;
g. consider the feasibility of amending OPRA to limit requests for commercial purposes, provide records custodians additional time to respond to open public records requests, redact the personal information of minors, and revise the fees, fines, and penalties structure for a more balanced and modernized law; and
h. make such other recommendations for legislation or such other action as it deems appropriate with regard to improving, expanding, and facilitating OPRA.
6. The committee shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission or agency, as it may require and as may be available for its purposes, and to employ stenographic and clerical assistance and incur traveling and other miscellaneous expenses as may be necessary in order to perform its duties, within the limits of funds appropriated or otherwise made available to the committee.
7. The committee shall report its findings and recommendations to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the Governor within one year of its initial organizational meeting.
8. This act shall take effect immediately and shall expire 30 days after the committee submits its findings and recommendations to the Governor and the Legislature.
STATEMENT
This bill establishes an 11 member committee, to be known as the Open Public Records Act Review Committee. The study committee will examine how the open public records act, OPRA, is implemented and utilized in actual day-to-day situations.
At a minimum, the committee will:
review OPRA and examine how the statute compares with actual operation and use;
evaluate OPRA in relation to increased crimes against public officials and societal changes in general;
analyze how OPRA requests are balanced with the right to privacy;
examine how OPRA has been used for commercial, marketing, business, and research purposes;
research and review complaints regarding the use of OPRA to harass and obstruct government agencies;
consider such other matters relating to OPRA as the members of the committee may deem appropriate;
consider the feasibility of amending OPRA to limit requests for commercial purposes, provide records custodians additional time to respond to open public records requests, redact the personal information of minors, and revise the fees, fines, and penalties structure for a more balanced and modernized law; and
make such other recommendations for legislation or such other action as it deems appropriate with regard to improving, expanding, and facilitating OPRA.
The committee will report its findings and recommendations to the Legislature and the Governor within one year of its initial organizational meeting. The committee will expire 30 days after submission of its findings and recommendations to the Legislature and the Governor.
