senate Bill S6718A

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:
Add Art XV-B, ยง1 of Chap 154 of 1921

Sponsor Memo

BILL NUMBER:S6718A

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--A
    Cal. No. 333

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced  by Sens. RANZENHOFER, GOLDEN, LANZA, HOYLMAN, PERKINS, SQUA-
  DRON -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Corporations, Authorities and  Commissions  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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 AN INCONSISTENCY BETWEEN THE LAW OF THE STATE OF  NEW
YORK  AND  THE LAW OF THE STATE OF NEW JERSEY, THE LAW OF THE STATE THAT
PROVIDED THE GREATEST RIGHTS OF ACCESS ON THE DATE THAT THE  CHAPTER  OF
THE LAWS OF 2014 THAT ADDED THIS ARTICLE BECAME A LAW SHALL APPLY.
  3. THE PROVISIONS OF ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES OF
THE  STATE OF NEW YORK OR NJSA 47:1-A ET SEQ. AND NJSA 10:4-8 ET SEQ. OF
THE LAWS OF NEW JERSEY,  AS  APPLICABLE,  SHALL  APPLY  TO  ENFORCE  THE
PROVISIONS OF THIS ARTICLE.
  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14027-03-4

S. 6718--A                          2

impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
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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