New Jersey

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

Published

2 years ago

May 13, 2024

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

3-minute read

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.

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.

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.

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.

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.

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.”

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

Nightmare at NY Penn as train fire halts NJ Transit, Amtrak service for hours

Published

6 hours ago

May 29, 2026

Press Room

Nightmare at NY Penn as train fire halts NJ Transit, Amtrak service for hours

New Jersey and New York City commuters are facing extensive delays in and out of New York Penn Station Friday, with intensifying ripple effects, after an Amtrak work train car on one of the hub’s tracks caught fire.

The FDNY says it was called to the Midtown scene on 31st Street, between Seventh and Eighth avenues, around 1:30 a.m. Nearly 100 personnel responded. Five civilians were evaluated at the scene by EMS, officials say.

It’s not clear what sparked the fire involving Amtrak’s contractor maintenance vehicles in one of the Hudson River Tunnels. It was knocked down well before 6 a.m., but service on New Jersey Transit, Amtrak, Long Island Rail Road and more was expected to see heavy impacts well into the morning rush, with Hudson River trains operating at reduced capacity. Amtrak said it didn’t expect to lift its suspension until at least noon.

Travel Advisory: Due to unforeseen track and signal maintenance resulting from a now extinguished fire in the New York area, all services traveling south of New York (NYP) are temporarily suspended. This suspension is anticipated to be in place until noon at a minimum. Services…
— Amtrak Northeast (@AmtrakNECAlerts) May 29, 2026
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New Jersey Transit and LIRR also announced delays and cancellations. Cross-honoring and diversion programs were in effect as the situation developed. Complete LIRR service at NY Penn had resumed by around 7 a.m., Friday said, though equipment issues were causing cancellations. Get the latest transit information here.

Video from outside Penn Station showed smoke billowing in the pre-dawn hours, as emergency personnel stood by with stretchers awaiting any potential victims.

Amtrak is investigating the cause of the fire.

“We sincerely apologize for the inconvenience this may cause,” the agency’s latest announcement said, pledging to provide updates as new information becomes available.

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New Jersey

Violence reported at Delaney Hall in N.J. Calls to shut it down are growing

Published

18 hours ago

May 28, 2026

Press Room

Violence reported at Delaney Hall in N.J. Calls to shut it down are growing

How are detainees at Delaney Hall being treated?

A statement issued by DHS said detainees receive comprehensive medical care and all are treated well.

“They are provided with 3 meals a day, clean water, clothing, bedding, showers, soap, and toiletries. Illegal aliens also have access to phones to communicate with their family members and lawyers. Certified dieticians evaluate meals,” the department wrote.

The release accused Sherrill, Booker and U.S. Sen Andy Kim, as well as U.S. Reps. Rob Menendez, Nellie Pou, LaMonica McIver, Frank Pallone and Analilia Majia, of continuing “to peddle falsehoods about ICE facilities,” and “spreading smears about ICE law enforcement and the Delaney Hall ICE facility in New Jersey.”

Sinha said the assertion that individuals being arrested and taken to Delaney Hall are dangerous criminals is false.

“This is an administration that has repeatedly lied to us about what’s going on in immigration enforcement and immigration detention facilities,” Sinha said.

He added while Sherrill does not have the legal authority to enter Delaney Hall unannounced, that fact that she was denied entry is concerning.

“The federal government has denied her repeatedly, and it makes you question, ‘What is the federal government trying to hide?’” he asked. “They have no allegiance to any rule of law or semblance of democracy; they’re trying to rewrite the Constitution for people who are noncitizens.”

On Thursday, Sherrill issued a statement saying the New Jersey Department of Health attempted to conduct a inspection of Delaney Hall, but officials were only allowed to inspect only a limited part of the facility.

“We will review and share the department’s findings from the limited portion it was allowed to inspect, and we will continue to pursue all appropriate avenues for demanding transparency and ensuring humane conditions for the individuals being held at the facility,” she said in the statement. “As I’ve said repeatedly, refusing to provide full access raises serious questions about what ICE is trying to hide from public view.”

Sinha said a hunger strike among those inside the facility is continuing because they are being given spoiled food and inadequate medical care in deplorable conditions.

“People shouldn’t have to starve themselves to make their dignity known; people shouldn’t have to starve themselves to have their rights protected, but that’s what’s happening here,” he said.

Reports of escalating violence

Late Thursday afternoon there were reports of violence escalating within Delaney Hall.

Nedia Morsy, the director of Make the Road New Jersey, an immigration advocacy group, issued a statement saying multiple sources within the facility reported ICE agents attacking detainees and causing serious injuries.

“Right now there are ICE agents inside of Delaney Hall violently beating the hunger strikers,” Morsy said in the statement. “Someone will be killed if no one intervenes and shuts this down. These masked agents are acting as if they’re above the law. This is a modern-day concentration camp, and history will not forgive silence in this moment. We need to shut down Delaney Hall and free everyone inside.”

Resistencia en Accion, another immigrant rights group, also released a statement, calling for violence against detainees to end.

“We express our utmost disgust with the violence perpetrated by Immigration and Customs Enforcement (ICE) agents today, May 28. Reports at approximately 1:40 p.m. reveal that ICE agents attacked the hunger strikers inside with batons and tear gas. Family members outside received calls from inside, confirming that there were people screaming, and according to their loved ones inside, unconscious detainees and blood on surfaces. ICE is the sole responsible actor for the escalation that has led to several wounded people inside and outside this week,” the statement reads.

WHYY News reached out to DHS late Thursday seeking comment about the reports of violence at Delaney Hall. A written statement was emailed to WHYY that said ICE agents had responded to a physical altercation involving detainees.

“In accordance with established ICE policies and their training, staff used the minimum amount of force to safely deescalate the situation,” DHS wrote. “Following the incident, all affected detainees were promptly evaluated by on-site medical personnel and were cleared with no serious injuries.”

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