senate Bill S6718

Signed by Governor Amended

Relates to the disclosure of records by the port authority of New York and New Jersey

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 03 / Mar / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 24 / Mar / 2014
    • 1ST REPORT CAL.333
  • 25 / Mar / 2014
    • 2ND REPORT CAL.
  • 26 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 19 / May / 2014
    • AMENDED ON THIRD READING 6718A
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO CODES
  • 02 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 02 / Jun / 2014
    • RETURNED TO SENATE
  • 02 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING 6718B
  • 10 / Jun / 2014
    • REPASSED SENATE
  • 10 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO CODES
  • 12 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 12 / Jun / 2014
    • RETURNED TO SENATE
  • 12 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 12 / Jun / 2014
    • AMENDED ON THIRD READING 6718C
  • 17 / Jun / 2014
    • REPASSED SENATE
  • 17 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO CODES
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A8785C
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.399
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 17 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 27 / Dec / 2014
    • SIGNED CHAP.534
  • 27 / Dec / 2014
    • APPROVAL MEMO.28

Summary

Relates to the disclosure of records and meetings by the port authority of New York and New Jersey to the public; provides that the state law with the greatest rights of access shall be deemed to apply where laws conflict.

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Bill Details

Versions:
S6718
S6718A
S6718B
S6718C
Legislative Cycle:
2013-2014
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Amd ยง1, Chap 154 of 1921

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Corporations, Authorities and Commissions committee vote details

Sponsor Memo

BILL NUMBER:S6718

TITLE OF BILL: An act to amend chapter 154 of the laws of 1921
relating to the port authority of New York and New Jersey, in relation
to the disclosure of records and meetings

PURPOSE: To require that records of the port authority and meetings of
the board and its committees be open to the public.

SUMMARY OF PROVISIONS: Section 1 - amends Chapter 154 of the Laws of
1921 to provide that notwithstanding any provision to the contrary,
the records of the Port Authority and meetings of the board, as well
as its committees and subcommittees consisting of two or more
commissioners, shall be open to the public in accordance with the laws
of New York, Public Officers Law, Articles 6, 6-A and 7, and New
Jersey, NJSA 47:1A et seq. and NJSA 10:4-8 et seq., pertaining to the
disclosure of government records and public access to meetings of
government bodies. The section further provides that when there is
inconsistency between the laws of the State of New York and the laws
of the State of New Jersey, the law that provides the greatest rights
of access shall be deemed to apply. Additionally, any aggrieved
person shall have standing to seek to compel compliance with
applicable law in either the State of New York pursuant to Article 78
of the Civil Practice Law and Rules or the State of New Jersey
pursuant to NJSA 47: 1-A et seq. and NJSA 10:4-8 et seq. when the laws
of either state would authorize the initiation of such a proceeding.

Section 2 - provides a severability clause.

Section 3 - provides the effective date.

JUSTIFICATION: The Port Authority of New York and New Jersey (Port
Authority) is not subject to the Freedom of Information Law (FOIL) or
the Open Public Records Act (OPRA), respectively, of New York or New
Jersey. Although the Port Authority has established policies regarding
access to its records and opening its meetings, these are simply
policies, which can be ignored or altered at any time, subject only to
the discretion of the board or executive officers then serving.
Further, because these policies cannot be enforced, the Port Authority
may choose to withhold its records and close meetings of its governing
body, leaving the public without recourse if the records are not
provided. Finally, since the Port Authority is a bi-state agency,
neither state can impose its laws beyond its borders.

Recent events involving the Port Authority have highlighted the
necessity of making the Port Authority subject to FOIL and OPRA. This
legislation will ensure that members of the public have access to the
records of the Port Authority and meetings of its board, committees
and subcommittees, and the ability to seek recourse if such access is
denied. The Committee on Open Government has urged that the Port
Authority be subject to FOIL and OPRA, and has been directly involved
in drafting this legislation.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: This act shall take effect upon the enactment into law
by the State of New Jersey of legislation having an identical effect
with this act, but if the state of New Jersey shall have already
enacted such legislation, this act shall take effect immediately. The
Chairman of the Port Authority shall notify the Legislative Bill
Drafting Commission upon the enactment into law of such legislation by
both such states in order that the commission may maintain an accurate
and timely effective data base of the official text of the Laws of the
State of New York in furtherance of effecting the provision of section
44 of the Legislative Law and section 70-b of the Public Officers Law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6718

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced  by  Sens.  RANZENHOFER, GOLDEN, LANZA, HOYLMAN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend chapter 154 of the laws of 1921  relating  to  the  port
  authority of New York and New Jersey, in relation to the disclosure of
  records and meetings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1 of chapter 154 of the laws of  1921  relating  to
the port authority of New York and New Jersey is amended by adding a new
article XV-B to read as follows:
                               ARTICLE XV-B.

  1.  NOTWITHSTANDING  ANY PROVISION TO THE CONTRARY, THE RECORDS OF THE
PORT AUTHORITY AND MEETINGS OF THE BOARD, AS WELL AS ITS COMMITTEES  AND
SUBCOMMITTEES  CONSISTING OF TWO OR MORE COMMISSIONERS, SHALL BE OPEN TO
THE PUBLIC IN ACCORDANCE WITH THE LAWS OF NEW YORK, ARTICLES 6, 6-A  AND
7  OF  THE  PUBLIC  OFFICERS LAW, AND NEW JERSEY, NJSA 47:1A ET SEQ. AND
NJSA 10:4-8 ET SEQ., PERTAINING TO THE DISCLOSURE OF GOVERNMENT  RECORDS
AND PUBLIC ACCESS TO MEETINGS OF GOVERNMENT BODIES.
  2.  WHEN  THERE  IS INCONSISTENCY BETWEEN THE LAWS OF THE STATE OF NEW
YORK AND THE LAWS OF THE STATE OF NEW JERSEY, THE LAW THAT PROVIDES  THE
GREATEST RIGHTS OF ACCESS SHALL BE DEEMED TO APPLY.
  3.  ANY AGGRIEVED PERSON SHALL HAVE STANDING TO SEEK TO COMPEL COMPLI-
ANCE WITH APPLICABLE LAW IN EITHER THE STATE OF  NEW  YORK  PURSUANT  TO
ARTICLE  78  OF  THE  CIVIL  PRACTICE  LAW AND RULES OR THE STATE OF NEW
JERSEY PURSUANT TO NJSA 47:1-A ET SEQ. AND NJSA 10:4-8 ET SEQ.  WHEN THE
LAWS OF EITHER STATE WOULD AUTHORIZE THE INITIATION OF SUCH  A  PROCEED-
ING.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14027-01-4

S. 6718                             2

or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S  3.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with  this
act,  but  if  the  state  of New Jersey shall have already enacted such
legislation, this act shall take effect immediately. The chairman of the
port authority shall notify the  legislative  bill  drafting  commission
upon  the  enactment into law of such legislation by both such states in
order that the commission may maintain an accurate and timely  effective
data  base  of the official text of the laws of the state of New York in
furtherance of effecting the provision of section 44 of the  legislative
law and section 70-b of the public officers law.

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