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NJ state Senate passes bill that will dismantle public access to government records, data

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NJ state Senate passes bill that will dismantle public access to government records, data



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Legislation that would gut public access to government records and data was passed by the state Senate on Monday. It was to be considered by the Assembly later Monday afternoon.

State Senate President Nick Scutari said after the Senate’s voting session that the legislation — billed as a reform of the New Jersey Open Public Records Act — was an effort to save taxpayers money.

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While the bill was under discussion last week in the Senate budget committee, lawmakers said it was focused on limiting data brokering and commercial access. Provisions dealing with regulation of data brokers, however, were removed from the final version of the bill.

Scutari also said the Legislature — controlled by Democrats — has been exempt since the bill was introduced and that the legislation’s sponsors are listening to the concerns of small-town New Jersey mayors.

“This isn’t about us. This is what I heard on my first day as Senate president at the League of Municipalities when I wasn’t even sworn in yet,” he said.

There were 21 votes in favor and 10 votes against. Nine state senators did not vote, including Sens. Anthony Bucco, James Holzapfel and Shirley Turner, who were not present.

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One lawmaker noted after the session that not voting is the equivalent of a no but shows respect to the effort of the sponsors.

State Sen. Andrew Zwicker voted against the bill in committee both in March and last week. He said after the voting session, “From everything I understand this will make it more difficult [to get records], and that is my concern.

“I think we made it better in the amendments, but it didn’t go far enough for me to vote for the bill,” Zwicker said.

Will government records ‘be readily available?’

The bill cleared committee in both chambers on Thursday and Friday after hours of testimony in opposition from advocates.

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The proposed law initially cleared committee in the upper chamber in March but was pulled from consideration in an Assembly committee that same week just minutes before it was set to start.

There were no such delays this month, though, and while there were votes against the bill in each committee — three in the state Senate and one in the Assembly — it ultimately moved forward.

The most recent version of the bill removes the presumption of access clause at the beginning of the OPRA statute, which notes that “government records shall be readily accessible,” and the Senate Majority Office said that section “will remain intact as part of the OPRA law.”

“That section is not being removed from the OPRA law, just from the bill,” spokesperson Richard McGrath said. “It came out of the legislation because that section of the law is no longer being amended.”

While advocates from groups like the ACLU, New Jersey Working Families and New Jersey Citizen Action have been outspokenly opposed to the bill since it was first introduced in March, not everyone thinks it’s a bad bill.

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Representatives from organizations including the League of Municipalities, New Jersey School Boards Association and New Jersey Association of Counties have been supported the legislation. Some spokesmen for those organizations — including the league’s executive director, Michael Cerra — said they would have liked the legislation to go even further to restrict public access to government records and data.

Since the bill was first heard in committee in March, Republicans in both chambers have joined as sponsors — state Sen. Anthony Bucco in the upper chamber and Assemblywoman Victoria Flynn in the lower chamber.

Our view: Amended OPRA bill an absolute sham. Gov. Murphy, veto this affront to democracy

What will the legislation do to gut OPRA?

The updated bill includes the renewed ability to make anonymous requests and the removal of exemptions for call and email logs and digital calendars.

It also implements stricter requirements on how to request things like texts and emails including specific accounts, times, topics and titles.

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There are modifications to the provision limiting access to metadata to allow for access only to the “portion that identifies authorship, identity of editor, and time of change.”

Language restricting data brokers and commercial entities that resell information obtained through OPRA was removed.

The parts that remain mostly intact include one of the most controversial, known as the fee-shifting provision. This provision previously required public record custodians that had not, according to a judge, properly provided records to pay the requesters’ attorney fees.

The bill initially changed that to say winners of OPRA lawsuits “may” be entitled to legal fees if the public agency is found to have knowingly violated the law or unreasonably denied access. In its amended form, the bill still eliminates the attorney fee requirement but does allow for judges to decide that fees are warranted if the denial was unreasonable, if the agency “acted in bad faith, or knowingly and willfully violated” the law.

The amendments also include language that would allow for a court to “issue a protective order limiting the number and scope of requests the requester may make” if they “sought records with the intent to substantially interrupt the performance of government function.”

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The legislation was first enacted in 2002 and requires local, county and state government entities to provide the public with access to government records in New Jersey.

Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com



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New Jersey hit by seafood recall for norovirus outbreak

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New Jersey hit by seafood recall for norovirus outbreak


🐟 Food & Drug Administration issues recall alert for norovirus

🐟 15 states impacted including New Jersey

🐟 Norovirus spreads easily and quickly


Federal authorities are warning of potentially contaminated seafood sold by a California company to several states including New Jersey.

The alert of a norovirus outbreak was issued by S&M Shellfish Co. of San Francisco on Thursday, according to the Food and Drug Administration.

It affects oysters harvested in British Columbia, Canada by Pacific Northwest Shellfish and Union Bay Seafood.

The oysters were distributed to restaurants and retailers under several brand names.

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The brands include Fanny Bay, Buckley Bay, and Royal Miyagi.

Oysters sold as these brands harvested between Dec. 1 and Dec. 9 should be thrown away. They are potentially contaminated with norovirus.

These oysters were also sold in the neighboring states of Pennsylvania and New York, the FDA said.

Are you sick from norovirus?

People who eat food contaminated with norovirus will usually know within 12 to 48 hours, according to the Centers for Disease Control and Prevention.

 Where to enjoy the Feast of the Seven Fishes in New Jersey

This 2016 photo shows oysters grown in Middle Township, NJ. Oysters grown in New Jersey are not affected by the recall. (AP Photo/Wayne Parry)

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This 2016 photo shows oysters grown in Middle Township, NJ. Oysters grown in New Jersey are not affected by the recall. (AP Photo/Wayne Parry)

Symptoms aren’t subtle; they will often include diarrhea, vomiting, nausea, and stomach pain. Fever, headache, and body aches are also possible.

The combination of diarrhea and vomiting can leave people severely dehydrated, especially young children, older adults, and those with other illnesses.

Most people sick with norovirus will recover within a few days. However, they should be careful around others because they can continue to spread the virus for another few days.

Report a correction 👈 | 👉 Contact our newsroom

Best Pasta in New Jersey

Here are the recommendations from residents.

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Gallery Credit: Bill Spadea

Best New Jersey Diners For Breakfast and Lunch

Thank you to our New Jersey listeners for these recommendations.

Gallery Credit: Bill Spadea





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‘Weekend Update’: Bowen Yang Returns As Unfairly Besieged Inanimate Object — This Time A Drone Flying Above New Jersey

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‘Weekend Update’: Bowen Yang Returns As Unfairly Besieged Inanimate Object — This Time A Drone Flying Above New Jersey


In a return to form, Saturday Night Live‘s “Weekend Update” featured Bowen Yang as another aggrieved inanimate object standing up for themselves (hat tip to previous performances as the Titanic iceberg and viral pygmy hippo Moo Deng).

During this week’s final episode of the year, with host Martin Short and musical guest Hozier, Yang portrayed a besieged and mysterious drone flying over New Jersey. Introduced by co-host Michael Che, Yang began without missing a beat, “Hey, wow, indoors — this is different.”

When asked by Che “what” he was exactly, Yang answered: “OK, no, we’re not gonna do that. See, I know what I am, and I don’t have to explain myself to anyone at any time for any reason.”

He continued, justifying his actions flying high in the sky for no discernible reason: “All y’all hate me ’cause I’m up. Everybody’s like, ‘Is it a UFO, is it military, is it promo for SNL 50?’ Meanwhile, I’m just minding my business, hovering over people’s homes, maybe filming them. Also, what is so threatening about random machines in the night sky? God, it’s like y’all have never been to Afghanistan before.”

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As Che relayed that the government has said the drones are probably “manned,” Yang quipped: “What’s this obsession with whether I’m ‘manned’ or not? For the record, I can get a man whenever I want. Trust me, there’s no problem there.”

He conceded, however, that he does have a boo: “I’m dating the helicopter from Succession, if you must know.”

In a rousing end, Yang as the drone broke out into song, mirroring the lyrics to Elphaba’s “Defying Gravity,” belting out that nobody is “ever gonna bring me down.” (Yang was a prominent cast member in this year’s blockbuster Wicked: Part One, opposite Ariana Grande and Cynthia Erivo, who portrayed Elphaba.)

“For what be a drone but a mirror to society — and potentially a killing machine?” he posited.

Outside of Yang’s appearance, co-hosts Colin Jost and Che rattled through a few timely jokes, including about alleged UnitedHealthcare shooter Luigi Mangione‘s recent arrival to New York City, which drew loud cheers from the audience. Jost joked that the cheers were for “justice” and that, relatedly, “Bumble exploded” upon his return to the city.

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Also, Che and Jost participated in their tradition of joke-swapping, during which Jost was forced to talk in a “Black voice” and poke fun at wife and actress Scarlett Johansson. Meanwhile, Che was forced to joke about being present at Sean Combs’ parties and comment on the rape allegations facing Jay-Z.

See “Weekend Update” below:



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'They found us': Coast guard crew in New Jersey reports mysterious drones, alleges White House cover up – Times of India

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'They found us': Coast guard crew in New Jersey reports mysterious drones, alleges White House cover up – Times of India


Coast guardsmen from Barnegat Light, New Jersey, are voicing frustration after federal officials dismissed their accounts of being followed by a fleet of drones while patrolling the Atlantic Ocean earlier this month.
A Coast guard member, speaking anonymously, shared his disbelief, stating, “It’s the implication that’s insulting.”
“It’s implying we’re making things up, when the ones making up things are down in Washington, DC.”
The sailor’s comments came shortly after the Federal Aviation Administration (FAA) imposed temporary flight restrictions over parts of New Jersey and New York. He was among 12 crew members aboard the 47-foot rescue vessel that encountered the drones on the evening of the sighting.
“We were actually out there to see if we could spot any drones, because of all these sightings,” the sailor explained. “Well, we found some drones. Or more accurately, they found us.”
According to the sailor, the drones appeared suddenly around 9 pm and followed the vessel for about 15 minutes. The drone swarm mirrored the boat’s movements, shifting direction as the boat did. “They had four propellers, about seven feet across, with festive red, green, and white flashing lights,” he said. The drones flew at an estimated 80 to 100 feet above the vessel.
The swarm kept pace with the Department of Homeland Security boat, which was travelling at around 20 knots (just over 20 miles per hour). The drones eventually ascended, climbing an additional 100 feet before veering left towards the shoreline and disappearing from sight.
The sailor is adamant that these were no ordinary commercial drones. “Commercial airplanes don’t move like that. We know what drones look and sound like,” he said.
However, White House spokesman John Kirby downplayed the Coast Guard’s account, suggesting the drones could have been a mix of commercial, hobbyist, and law enforcement drones, as well as aircraft and even stars mistakenly identified as drones. Kirby stated that the sightings presented no national security or public safety threat, and suggested that the Coast Guard might have confused incoming airliners with drones.
The Coast Guardsman disagreed, saying, “I can’t pretend to know what’s going on, but those weren’t the types of drones you can buy at the store. These were government drones.”
The sailor added, “I don’t care what Kirby or [DHS head Alejandro] Mayorkas say — they’re full of sh-t.” He stressed that while their orders were to observe and not engage with the drones, they would have taken defensive action if the drones had acted aggressively.
Local officials, including Representatives Chris Smith and Jeff Van Drew, have criticised the federal response, demanding a clear explanation for the mysterious drone activity, the New York Post quoted.
Since November 18, more than 1,000 drone sightings have been reported over New Jersey, with dozens more in New York’s airspace, raising growing concerns over the presence of drones in civilian airspace. Federal authorities, however, maintain that the sightings pose no security threat.





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