New Jersey Governor Phil Murphy signed a bill into law on Wednesday which implements several amendments to the Open Public Records Act (OPRA).
The new law introduces changes to how the public can access government records, including new regulations for sharing and protecting these documents. It also requires records to be available online to make it easier for people to access them without having to make formal requests.
The legislation also includes improvements for the Government Records Council (GRC), aiming to update its website for better usability and to conduct meetings via video to increase accessibility.
One contentious aspect is the change to fee-shifting provisions. Currently, if the government fails to provide a requested record and the matter goes to court, the government is obligated to cover the requester’s “reasonable” legal costs. Under the new law, this will only happen if the government is found to have acted in bad faith, knowingly violated the law, or unreasonably denied a request.
Governor’s Signing Statement
The governor issued a signing statement outlining his reasons for supporting the bill. He also acknowledged the concerns of many advocacy groups, including those focused on social justice, labor, and environmental issues, who fear that the bill could enable corruption and undermine trust in democracy.“I have heard the many objections to the bill directly, and I know that they are made in good faith and with good intentions,” he wrote. “I also commend everyone who has engaged in this debate for making their voice heard, which is the foundation of our democratic system of government.”
Despite these concerns, Mr. Murphy said that his administration remained committed to fighting corruption.
“If I believed that this bill would enable corruption in any way, I would unhesitatingly veto it,” Mr. Murphy said in the statement.
Mr. Murphy highlighted the bill’s bipartisan support, noting its passage with backing from both parties and endorsements from over a hundred mayors.
Critics
Critics, including advocacy groups, argue that the legislation could undermine public access to essential government documents and reduce transparency in New Jersey. These opponents fear the bill is another step towards diminishing public oversight.ACLU of New Jersey’s policy director Sarah Fajardo criticized the bill as undermining government transparency.
“It’s shameful that despite overwhelming concerns from their constituents, lawmakers fast-tracked, and the governor signed, a bill that severely restricts access to government records and limits the public’s ability to hold elected officials accountable,” she said in a statement. “But we know that voters will have the last word at the ballot box next year—and maybe then Legislators will remember who they are meant to serve.”
In a series of comments on X, lawyer C.J. Griffin, who represents clients in public records cases, argued that the bill and Mr. Murphy’s justification for it are flawed. Mr. Griffin said that the bill undermines transparency and press freedom and makes it harder for people to sue the government for records. “A lot of people are irate and EVERYONE hates secrecy,” he wrote on social media platform X.
Lobbyists representing county and local governments have largely promoted the bill. They argue that record custodians are overwhelmed by excessive and unreasonable requests from a small group of individuals. Critics have rejected this claim, saying that New Jersey government officials are using anecdotal evidence to restrict access to public information excessively.
