senate Bill S6718C

Signed by Governor

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

See Assembly Version of this Bill:
A8785C
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:S6718C

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

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, 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. 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, 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. 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--C
    Cal. No. 333

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced  by Sens. RANZENHOFER, GOLDEN, LANZA, AVELLA, HOYLMAN, LATIM-
  ER, PERKINS, SQUADRON -- read twice  and  ordered  printed,  and  when
  printed  to be committed 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
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading -- repassed by Senate  and  returned  to  the  Assembly,
  recalled,  vote  reconsidered,  restored to 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

  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 SHALL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH  THE  LAWS
OF  NEW  YORK,  ARTICLES  6  AND 6-A OF THE PUBLIC OFFICERS LAW, AND NEW
JERSEY, P.L. 1963, C. 73 (C. 47:1A-1 ET SEQ.), PERTAINING TO THE DISCLO-
SURE OF GOVERNMENT RECORDS.
  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 P.L. 1963, C. 73 (C. 47:1A-1 ET SEQ.), OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14027-11-4

S. 6718--C                          2

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,
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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