Controversial bill to revamp public records law pulled from hearing for amendments

A hotly debated bill to overhaul the state’s public records law was pulled from consideration Thursday after days of fiery complaints from concerned taxpayers, activists, labor unions, journalists, and good government advocates. 

Assemblywoman Lisa Swain, chairwoman of the Assembly’s appropriations committee where the bill was set for a vote, said lawmakers are still working on “a bunch” of amendments and the legislation is “not ready yet.” 

“It’s going to take time to work through those amendments, and then we’re going to want to be able to let stakeholders view them. So it’ll come back shortly,” said Swain (D-Bergen).

She wouldn’t reveal what amendments are being weighed. She said she didn’t know when the bill would return for a committee vote, adding: “maybe after budget.” 

After hearing the bill was yanked, critics waiting to testify in a Statehouse hearing room Thursday erupted in cheers and chants of: “This is what democracy looks like!”

The measure has attracted significant opposition from local advocates and watchdog groups who say it would gut the Open Public Records Act, known commonly as OPRA. It was pulled less than an hour before the committee was set to hear it Thursday.

If the fast-tracked bill had advanced, it could have faced a vote in both chambers as early as Monday. How fast it’ll move now remains uncertain. 

Sen. Paul Sarlo (D-Bergen), the bill’s prime sponsor, said he supports the Assembly’s decision to delay the vote and hopes to address critics’ concerns before budget hearings ramp up in April. He also chairs the Senate Budget and Appropriations Committee, where the bill advanced Monday largely along party lines (with Sen. Andrew Zwicker the lone dissenting Democrat) after hours of testimony in opposition. 

“The committee carefully considered the testimony, and I believe that certain amendments will make this a better bill.  There are amendments that will not only foster greater transparency, but will include effective ways of modernizing the 20-year-old OPRA law, reducing the profiteering of OPRA at the expense of municipalities and taxpayers, and protecting the personal information of private citizens,” Sarlo said in a statement. 

Assemblyman Joe Danielsen (D-Somerset) said after hearing legitimate concerns from advocates, it’s become clear that amendments are needed.

“Rather than hear the current bill in committee today we have decided instead to use this time to continue our discussions with many interested parties and dedicate more time to writing amendments that will improve the bill,” he said in a statement. “This decision will ensure we reach our goals and get it right.”

During WNYC’s Ask the Governor segment Wednesday, Gov. Phil Murphy agreed that there needs to be some “tweaking” of the OPRA law to catch up with modern technology, but said he’s “all in on transparency.”

Under the bill’s current form, email and call logs would be exempt, fee-shifting would end, and municipalities could sue requestors they believe are harassing them through public records requests. 

Antoinette Miles is the interim New Jersey state director for the Working Families Party and an outspoken critic of the OPRA bill. She celebrated the postponed vote as a response to the people who have come to Trenton or called their representatives to make noise about a bad bill. 

“I think a lot of us are letting out a sigh of relief in this moment,” she said.

Critics must have “consistent follow ups to ensure that we have a strong OPRA bill. We’re not counting our chickens before they hatch, by any means,” she added. 

Sarah Fajardo, policy director for the American Civil Liberties Union of New Jersey, noted that the voice of the people were heard, but stressed the fight to protect access to government records is “far from over.”

The Working Families Party, ACLU and other advocacy groups sent a list of proposed amendments to Murphy, Assembly Speaker Craig Coughlin, Senate President Nicholas Scutari, and the members of the appropriations panel. Amendments they seek include striking language with new exemptions for metadata and call logs, requiring an award of attorneys’ fees to prevailing requestors, and making police disciplinary records public. 

Coughlin released a statement on social media Thursday, saying he feels “inspired that so many people have taken an interest and engaged in this legislation.”

Testimony on the bill at two hearings Monday lasted a combined seven hours with dozens of people testifying against it.

“Understanding how important it is to maintain transparency and the right of the public to know what their government is doing, I appreciate the concerns raised about A4045,” Coughlin said. “Right now, we are working on various amendments to ensure we get the bill right.” 

Lawmakers will “take the time needed” to meet with concerned parties to address the need to modernize OPRA and protect the public from their personal information being revealed, he added.