The need to update NJ's open records law surfaced at a Senate budget hearing. What to know

As the state Senate Budget and Appropriations Committee heard testimony from officials from the Department of Community Affairs on Tuesday, senators talked about the need to modernize the Open Public Records Act.

State Sen. Paul Sarlo, who chairs the committee, joined Minority Leader Steve Oroho to talk about updating OPRA.

Sarlo said his office has been working on a “positive and transparent overhaul” of the law, calling his efforts a “transformational update."

“It’s something that’s clearly needed," Sarlo said. "There are a lot of cottage industries that have been created that utilize our hardworking, understaffed small municipal offices for research to help them with their legal cases or to help them with their projects.”

Frank Caruso, the executive director of the state Government Records Council, said the council receives complaints from “across the board” — not just from municipalities but also from citizens who use the statute to make requests as well.

Updating OPRA was just part of the discussion at Tuesday's hearing in Trenton.

Kimberly Holmes, assistant commissioner of the DCA, talked with members of the committee about department's work.

“The Department of Community Affairs continues to do what it does best: provide administrative guidance, financial support and technical assistance to local governments, community development organizations, businesses and individuals to improve the quality of life in New Jersey,” Holmes said.

Sarlo noted at the outset of the session that updated projections from the Department of the Treasury and the Office of Legislative Services expect revenues for fiscal years 2023 and 2024 to be $2 billion lower than originally expected, based on gross income taxes in April and May. Those declines will need the committee's attention as it assesses funding for the DCA, Sarlo said.

More: DOT and MVC to get more in Murphy's proposed budget. Here's how they want to spend it

Earlier: This is how the NJ Legislature will spend $154 million in COVID relief aid

How much does the department stand to get?

In Gov. Phil Murphy’s proposed budget for fiscal year 2024, the DCA would get $1.62 billion, a decrease of about 33%, or $821.8 million.

What does the money fund?

The department has a wide range of responsibilities. It offers resources to local officials, nonprofits, businesses and individuals to maintain their quality of life. The DCA also provides guidance and support on issues that affect the public, such as fire and building safety, housing assistance, and disaster recovery and mitigation. The department also managed state services employed to respond to the COVID-19 pandemic.

What was said?

Although the assistant commissioner’s opening remarks highlighted the work that the department has already done, such as the Emergency Rental Assistance Program, the Section 8 Housing Choice Voucher program and the Local Assistance Bureau, lawmakers asked more about federal relief money and municipal aid.

State Sen. Michael Testa pushed for explanations about special budget line items and the funding process for them.

Sarlo responded to Testa and noted that the line items themselves come from the Legislature and executive branch, not the DCA.

Testa said that further “bolsters” his argument that the budget process should be more fair, open and competitive.

His Republican colleagues, including state Sen. Declan O’Scanlon, pushed for information on the use of federal pandemic relief funds.

O’Scanlon noted that President Joe Biden has made comments about “clawing back some of this federal money” and asked if the department is concerned about that.

Department officials told him that the state has less than $2 billion to allocate at this point

What comes next?

The commissioner has already testified before the Assembly Budget Committee, so now it’s up to the Legislature to determine whether the department warrants the amount of funding Murphy has suggested. Lawmakers have until the end of June to approve a budget and send it to Murphy’s desk for his signature.

Katie Sobko covers the New Jersey Statehouse.

Email: sobko@northjersey.com

This article originally appeared on NorthJersey.com: NJ Open Public Records Act updates needed