senate Bill S6718C

Signed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (29)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 27, 2014 approval memo.28
signed chap.534
Dec 17, 2014 delivered to governor
Jun 18, 2014 returned to senate
passed assembly
ordered to third reading rules cal.399
substituted for a8785c
Jun 17, 2014 referred to codes
returned to assembly
repassed senate
Jun 12, 2014 amended on third reading 6718c
vote reconsidered - restored to third reading
Jun 12, 2014 returned to senate
recalled from assembly
Jun 10, 2014 referred to codes
returned to assembly
repassed senate
Jun 02, 2014 amended on third reading 6718b
vote reconsidered - restored to third reading
Jun 02, 2014 returned to senate
recalled from assembly
May 28, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 amended on third reading 6718a
Mar 26, 2014 advanced to third reading
Mar 25, 2014 2nd report cal.
Mar 24, 2014 1st report cal.333
Mar 03, 2014 referred to corporations, authorities and commissions

Votes

view votes

Mar 24, 2014 - Corporations, Authorities and Commissions committee Vote

S6718
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 24, 2014

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S6718 - Bill Details

See Assembly Version of this Bill:
A8785C
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Add Art XV-B, §1 of Chap 154 of 1921

S6718 - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S6718A - Bill Details

See Assembly Version of this Bill:
A8785C
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Add Art XV-B, §1 of Chap 154 of 1921

S6718A - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

view additional co-sponsors

S6718B - Bill Details

See Assembly Version of this Bill:
A8785C
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Add Art XV-B, §1 of Chap 154 of 1921

S6718B - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6718B

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6718--B
    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 -- reported favora-
  bly 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

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,  P.L.  1963,  C.  73  (C.
47:1A-1  ET  SEQ.)  AND  THE "SENATOR BYRON M. BAER OPEN PUBLIC MEETINGS
ACT," P.L. 1975,  C. 231 (C. 10:4-6 ET SEQ.), PERTAINING TO THE  DISCLO-
SURE  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14027-07-4

S. 6718--B                          2

  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.) AND THE
"SENATOR BYRON M. BAER OPEN PUBLIC MEETINGS ACT," P.L. 1975, C. 231  (C.
10:4-6  ET SEQ.), OF THE STATE 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.

Co-Sponsors

view additional co-sponsors

S6718C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8785C
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Add Art XV-B, §1 of Chap 154 of 1921

S6718C (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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