Governor Phil Murphy of New Jersey has signed a bill that amends the Open Public Records Act (OPRA), drawing criticism from transparency advocates who argue that the changes will restrict access to government documents. The bill alters several aspects of OPRA, including fee-shifting provisions, which previously required public entities to pay requestors’ legal fees in cases where records denials were deemed unjustified. Under the new law, fee-shifting will only occur if there’s a finding of bad faith or an unreasonable denial of access.
Critics argue that these changes will limit citizens’ and media outlets’ ability to challenge records denials in court, while supporters contend that it will save taxpayers money and reduce frivolous litigation. Additionally, the bill includes provisions allowing governments to sue requestors they believe are abusing OPRA to disrupt government operations. It also introduces new exemptions shielding personal identifying information from disclosure on certain documents.
The bill creates a separate process for records requests from commercial entities and allows governments to respond to those requests within 14 days, compared to seven days for average citizens. However, it also permits commercial entities to pay to expedite the process. Despite these changes, concerns remain about the bill’s impact on transparency and access to information.
Supporters argue that the overhaul modernizes OPRA, which has seen minimal changes in two decades, and incentivizes governments to post public documents online. However, critics point out that state funding for this provision is limited, raising questions about its effectiveness.
Overall, while Governor Murphy acknowledges the concerns raised about certain provisions of the bill, he believes that the safeguards in place, along with the protections provided by the Government Records Council and the courts, are sufficient to address them.