14/03/2024
It’s about time that the Open Public Records Act (OPRA) is updated to protect store owners and our breeders from endless harassment from activists.
It’s a long read, but the Coalition supports this much-needed legislation!!
Daily Update
March 12, 2024
OPRA Reform Bills Released from Committees
Yesterday, both the Assembly State and Local Government Committee and Senate Budget Appropriations Committee released S-2930/A-4045 with amendments that make various changes to processes for government records requests and appropriates $8 million. The bill is scheduled for consideration by the Assembly Appropriations Committee on March 14 and could be considered by the full Senate and Assembly on Monday, March 18. We strongly encourage you to contact your Senator and Assembly Representatives to urge them to vote yes on this commonsense reform.
S-2930/A-4045 does not hinder a resident or news reporter from using OPRA to access public records. Under this bill if a resident submits an Open Public Records Act (OPRA) request for emails between the construction official or code enforcement officer regarding a property violation, the resident will receive such emails. Under this bill if a news reporter submits an OPRA request for a copy of a professional service contract, the reporter will receive a copy of the contract. The legislation, sponsored by Senator Sarlo and Assemblyman Danielsen, does address many of the pain points that towns have been experiencing since the inception of OPRA, implements recommendations of the Privacy Study Commission, and provides residents with privacy protections.
The key provisions of the bill include:
Prevailing Attorney fees language changes from a “shall” to a “may.”
Prohibits the use of OPRA for discovery.
Expands exemptions of records to include:
draft material, including notes.
security alarm system activity and access reports for any public building, unless the request specifically identifies an incident and limited time period.
detailed or itemized cost estimates prior to bid openings.
information related to strategies or negotiating positions that would unfairly prejudice or impair contracts negotiations.
debit card numbers.
bank account information.
month and date of birth.
email addresses.
any portion of document that discloses personal identifying information (includes street address of primary and secondary homes) of persons who provide such information for the sole purpose of receiving official information (e.g., Nixle alerts, newsletters).
any portion of a document that discloses personal identifying information of persons 18 years or younger, includes carve-out for car insurance and election information.
owner and maintenance manuals.
telephone, email, or text logs.
electronic or paper calendars.
Removes requirement that special service fees be established by ordinance.
Provides record in medium requested if the public agency maintains the record in the medium or format requested, otherwise the custodian, at their discretion, may either convert to the medium requested or provide record in some other meaningful medium or format.
Limits immediate access to records under 12 months.
Allows providing the requestor with the url if the requested document is available on public agencies’ websites. If the requestor does not respond within 7 days, the request is deemed fulfilled.
Allows denial of OPRA request not submitted on officially adopted OPRA form.
Prohibits anonymous requestors from filing denial of access complaints.
Considers OPRA requests not submitted until they are received by the records custodian.
Expands response time for OPRA request to 14 business days for commercial requests or if records must be reviewed for compliance with Daniel’s Law
Fines for “knowingly and willful” violations no longer personal but the public agency that employs the records custodian.
Changes Government Records Council (GRC) board composition.
Establishes process for public agency to go to Superior Court for harassing requests.
Requires data brokers to register with the State-the State fee will be used to fund grants for posting public records online.
Creates a Police Records Access Improvement Task Force.
Creates a section on Election Records.
Requires government records be made available on public websites to the extent feasible.
Prohibits the selling of data obtained by OPRA.
Since the adoption of the OPRA in 2002 and with the advent of new technologies, we have witnessed unintended consequences and, in some cases, abuses of OPRA that place an unfair burden on local governments and taxpayers. This legislation addresses many of the issues municipalities have been experiencing since the inception of OPRA, implements recommendations of the Privacy Study Commission, and provides our resident with protections from losing their privacy while conducting public business.
We thank the sponsors and urge the legislature to pass S-2930/A-4045, which preserves government transparency and public access to government records while making common sense reforms. Please reach out to your Legislators as soon as possible on these important reforms.
Contacts: Mike Cerra, Executive Director, [email protected], 609-695-3481, x120 and Lori Buckelew, Deputy Executive Director & Director of Government Affairs, [email protected], 609-695-3481, x112.
