Bill Text: NY A08785 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 32-9)

Status: (Introduced - Dead) 2014-06-18 - substituted by s6718c [A08785 Detail]

Download: New_York-2013-A08785-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8785--B
                                 I N  A S S E M B L Y
                                   February 14, 2014
                                      ___________
       Introduced  by M. of A. PAULIN, BRENNAN, ENGLEBRIGHT, BUCHWALD, SCARBOR-
         OUGH,  GALEF,  OTIS,  CAHILL,  CLARK,  COLTON,  DINOWITZ,   GOTTFRIED,
         GUNTHER,  JAFFEE,  ROSA,  SIMOTAS,  SKOUFIS, STECK, TITONE, ZEBROWSKI,
         MONTESANO, BORELLI, FITZPATRICK, LUPINACCI, McKEVITT, RA, ABINANTI  --
         Multi-Sponsored  by  --  M.  of  A. BARCLAY, BRAUNSTEIN, CAMARA, COOK,
         DenDEKKER, GLICK, JACOBS, McDONOUGH, MOSLEY, SCHIMEL, SWEENEY, THIELE,
         WEISENBERG -- read once and referred to the Committee on Corporations,
         Authorities and Commissions -- reported and referred to the  Committee
         on  Codes  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee -- again reported from  said
         committee  with amendments, ordered reprinted as amended and recommit-
         ted to said committee
       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:
    1    Section 1. Section 1 of chapter 154 of the laws of  1921  relating  to
    2  the port authority of New York and New Jersey is amended by adding a new
    3  article XV-B to read as follows:
    4                                 ARTICLE XV-B.
    5    1.  NOTWITHSTANDING  ANY PROVISION TO THE CONTRARY, THE RECORDS OF THE
    6  PORT AUTHORITY AND MEETINGS OF THE BOARD, AS WELL AS ITS COMMITTEES  AND
    7  SUBCOMMITTEES  CONSISTING OF TWO OR MORE COMMISSIONERS, SHALL BE OPEN TO
    8  THE PUBLIC IN ACCORDANCE WITH THE LAWS OF NEW YORK, ARTICLES 6, 6-A  AND
    9  7  OF  THE  PUBLIC  OFFICERS  LAW,  AND NEW JERSEY, P.L. 1963, C. 73 (C.
   10  47:1A-1 ET SEQ.) AND THE "SENATOR BYRON M.  BAER  OPEN  PUBLIC  MEETINGS
   11  ACT,"  P.L. 1975,  C. 231 (C. 10:4-6 ET SEQ.), PERTAINING TO THE DISCLO-
   12  SURE OF GOVERNMENT RECORDS AND PUBLIC ACCESS TO MEETINGS  OF  GOVERNMENT
   13  BODIES.
   14    2.  WHEN THERE IS AN INCONSISTENCY BETWEEN THE LAW OF THE STATE OF NEW
   15  YORK AND THE LAW OF THE STATE OF NEW JERSEY, THE LAW OF THE  STATE  THAT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14027-06-4
       A. 8785--B                          2
    1  PROVIDED  THE  GREATEST RIGHTS OF ACCESS ON THE DATE THAT THE CHAPTER OF
    2  THE LAWS OF 2014 THAT ADDED THIS ARTICLE BECAME A LAW SHALL APPLY.
    3    3. THE PROVISIONS OF ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES OF
    4  THE  STATE  OF NEW YORK OR P.L. 1963, C. 73 (C. 47:1A-1 ET SEQ.) AND THE
    5  "SENATOR BYRON M. BAER OPEN PUBLIC MEETINGS ACT," P.L. 1975, C. 231  (C.
    6  10:4-6  ET SEQ.), OF THE STATE OF NEW JERSEY, AS APPLICABLE, SHALL APPLY
    7  TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
    8    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    9  sion, section or part of this act shall be  adjudged  by  any  court  of
   10  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   11  impair, or invalidate the remainder thereof, but shall  be  confined  in
   12  its  operation  to the clause, sentence, paragraph, subdivision, section
   13  or part thereof directly involved in the controversy in which such judg-
   14  ment shall have been rendered. It is hereby declared to be the intent of
   15  the legislature that this act would  have  been  enacted  even  if  such
   16  invalid provisions had not been included herein.
   17    S  3.  This  act  shall take effect upon the enactment into law by the
   18  state of New Jersey of legislation having an identical effect with  this
   19  act,  but  if  the  state  of New Jersey shall have already enacted such
   20  legislation, this act shall take effect immediately. The chairman of the
   21  port authority shall notify the  legislative  bill  drafting  commission
   22  upon  the  enactment into law of such legislation by both such states in
   23  order that the commission may maintain an accurate and timely  effective
   24  data  base  of the official text of the laws of the state of New York in
   25  furtherance of effecting the provision of section 44 of the  legislative
   26  law and section 70-b of the public officers law.