SENATE BUDGET AND APPROPRIATIONS COMMITTEE
STATEMENT TO
SENATE, No. 2930
with committee amendments
STATE OF NEW JERSEY
DATED: MARCH 11, 2024
The Senate Budget and Appropriations Committee reports
favorably and with amendments Senate Bill No. 2930.
As amended by the committee, this bill makes various changes to
the law governing access to government records, commonly known
as the open public records act, including the following:
modifies the conditions under which a records custodian has to
respond to a request for records, allowing the custodian discretion
to deny duplicative or anonymous requests;
encourages and allocates funds to assist public agencies in
moving documents online, making these records searchable via an
online database, to the extent feasible;
creates a uniform and comprehensive definition of “personal
identifying information” which, in many cases, is redacted by the
records custodian;
establishes specific timelines for responses to records requests
occurring under various circumstances, such as when a record may
be unavailable or in storage, and adds additional specificity and
clarity to the items and information which are exempt from public
access;
prohibits records requests made by or for data brokers, who take
the information they gather and use it for a commercial purpose;
transfers the responsibility for violations from the custodian to
the public agency, and allows, in limited circumstances, for the
courts to issue a protective order to shield the agency from
harassment;
alters the composition of the Government Records Council,
adding more public members, establishing staggered five year terms
and annual salaries, and ensuring partisan balance; and
establishes a Police Record Access Improvement Task Force to
investigate the existing statutes governing public access to police
records and develop recommendations for necessary changes to the
law. 2
COMMITTEE AMENDMENTS :
The committee amended the bill to:
require records custodians to assist requestors who are unable to
find the record on the public website after the custodian has provided
the initially required directions. The requestor has seven days after the
custodian provides the initial directions to request further assistance.
After the request is received by the custodian, the custodian has seven
days to provide the requested assistance;
require notification to the Superior Court or the Government
Records Council of the timely production of records in order for the
matter to be dismissed without prejudice and to entitle a requestor to a
reasonable attorney’s fee; and
ensure partisan balance amongst the public members appointed to
the Government Records Council.
FISCAL IMPACT:
Fiscal information for this bill is currently unavailable.