ASSEMBLY CONCURRENT RESOLUTION No. 49

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman DALTON

 

 

A Concurrent Resolution memorializing the Legislature and Governor of the Commonwealth of Pennsylvania to enact legislation having an identical effect with P.L.1991, c.400 (C.32:3-4.5 et seq.) which directs the Delaware River Port Authority (DRPA) to declare its meetings open to the public and news media.

 

Whereas, Since its inception, the Board of Commissioners of the Delaware River Port Authority (DRPA), in non-compliance with the spirit and intent of its compact and by-laws, has held meetings closed to the public and the news media, thus preventing the public's observance of the full details of all phases of deliberation, policy-making and decision-making of the board; and

Whereas, As a bistate authority organized under a compact approved by Congress, the DRPA is exempt from the provisions of "open public meeting," or "sunshine" statutes in both the State of New Jersey and the Commonwealth of Pennsylvania; and

Whereas, Recent actions of the DRPA have resulted in agreements under which the DRPA would annually pay nearly eight million dollars to the City of Philadelphia and spend several million dollars on economic development projects, and the method of raising those additional monies will fall disproportionately on New Jersey commuters through increased fees, fares, and tolls on the authority's facilities, as well as reduced transit services; and

Whereas, Since the DRPA Board of Commissioners deliberates on budget and long-range planning matters which involve millions of dollars of public monies, the State of New Jersey sought to require that the meetings of the board be open to the public and news media pursuant the enactment of P.L.1991, c.400 (C.32:3-4.5 et seq.); however, the Commonwealth of Pennsylvania must adopt legislation having an identical effect with P.L.1991, c.400, in order for that policy to go into effect; now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):


    1. The Legislature and Governor of the Commonwealth of Pennsylvania are respectfully memorialized to enact legislation having an identical effect with P.L.1991, c.400 (C.32:3-4.5 et seq.), which directs the Delaware River Port Authority (DRPA) to declare its meetings open to the public and news media.

 

    2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the Governor and each member of the Legislature of the Commonwealth of Pennsylvania.

 

 

STATEMENT

 

    This resolution would memorialize the Legislature and Governor of the Commonwealth of Pennsylvania to enact legislation having an identical effect with P.L.1991, c.400 (C.32:3-4.5 et seq.), which directs the Delaware River Port Authority (DRPA) to declare its meetings open to the public and news media. The Commonwealth of Pennsylvania must enact legislation having an identical effect with P.L.1991, c.400 for that policy to go into effect.

    As a bistate authority which is organized under a compact approved by Congress, the DRPA is exempt from New Jersey's "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.) and corresponding Pennsylvania law. The DRPA's Board of Commissioners holds closed meetings to discuss budget and planning matters which involve millions of dollars of public monies and these actions impact New Jersey residents who use the DRPA's facilities.

 

 

 

Memorializes Commonwealth of Pennsylvania to enact legislation requiring DRPA to open its meetings to public and news media.