One at One: Assembly Bill No. 5820 & OPRA
Posted June 24, 2021
Today’s Issue by Lena Kim:
Whether Assembly Bill No. 5820 impacts the response deadlines for requests made under the Open Public Records Act (“OPRA”)?
Answer:
Yes. On June 4, 2021, Governor Murphy signed Assembly Bill No. 5820, which immediately reinstated OPRA’s statutory response deadline of seven business days after receipt of the request, with an exception for any request seeking “records related to the COVID-19 response.” Previously, in response to the COVID-19 public health emergency, Governor Murphy signed Assembly Bill No. 3849, which relaxed OPRA’s statutory response deadlines during a period of a declared emergency, including a state of emergency, public health emergency, or state of local disaster emergency. See N.J.S.A. 47:1A-5(i)(2). Notwithstanding the continued state of emergency, Assembly Bill No. 5820 restores the previous seven business day response time frame for all OPRA requests seeking records unrelated to the COVID-19 response.
Resources:
https://www.njleg.state.nj.us/2020/Bills/A9999/5820_I1.PDF
https://nj.gov/governor/news/news/562021/approved/20210604b.shtml
https://www.njleg.state.nj.us/2020/Bills/A4000/3849_I1.PDF
https://www.state.nj.us/grc/news/alerts/GRC%20Special%20Statement%202021-01%20(Final).pdf
To Learn More about FPSCTT’s Education and School Law Practice, please contact:
Lester Taylor, Partner and Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Partner and Co-Chair
Caitlin Pletcher, Partner
This post is for informational purposes only and should not be construed as legal advice.
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