Pennsylvania Act 1996-69 — DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION - AMEND OPEN MEETINGS

Act text

DELAWARE RIVER JOINT TOLL BRIDGE COMMISSION - AMEND OPEN MEETINGS
                  Act of Jul. 1, 1996, P.L. 454, No. 69               Cl. 36
                               A SUPPLEMENT

     To the act of June 25, 1931 (P.L.1352, No.332), entitled "An act
        providing for joint action by the Commonwealth of
        Pennsylvania and the State of New Jersey in the
        administration, operation, and maintenance of bridges over
        the Delaware River, and for the construction of additional
        bridge facilities across said river; authorizing the
        Governor, for these purposes, to enter into an agreement with
        the State of New Jersey; creating a Delaware River Joint Toll
        Bridge Commission and specifying the powers and duties
        thereof, including the power to finance the construction of
        additional bridges by the issuance of revenue bonds to be
        redeemed from revenues derived from tolls collected at such
        bridges; transferring to said commission all powers now
        exercised by existing commission created to acquire toll
        bridges over the Delaware River; and making an
        appropriation," directing the Delaware River Joint Toll
        Bridge Commission to provide for its meetings to be open to
        the public and the news media.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Legislative findings and declaration of policy.
        The General Assembly finds and declares as follows:
            (1)  That the public's awareness of and participation in
        governmental actions is essential to maintaining a free
        society; that the more open a government is with its
        citizens, the greater the understanding and participation of
        the public in government; that the public's fundamental right
        to know the process of governmental decision making and to
        review the reasons for those decisions is thwarted when the
        public's access to governmental meetings is blocked; and that
        government and the agencies created thereby must insure that
        their actions remain fully accountable to the public.
            (2)  That for these public policy reasons the Delaware
        River Joint Toll Bridge Commission shall develop rules and
        regulations concerning the right of the public and members of
        the news media to be present at meetings of the Delaware
        River Joint Toll Bridge Commission as herein provided.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Board."  The Board of Commissioners of the Delaware River
     Joint Toll Bridge Commission.
        "Commission."  The Delaware River Joint Toll Bridge
     Commission.
        "Meeting."  Any gathering, whether corporeal or by means of
     communications equipment, which is attended by or open to the
     board, held with the intent, on the part of the board members
     present, to discuss or act as a unit upon the specific public
     business of the Delaware River Joint Toll Bridge Commission. The
     term does not include a gathering:
            (1)  attended by less than an effective majority of the
        commissioners; or
            (2)  attended by or open to all the members of three or
        more similar public bodies at a convention or similar
        gathering.
        "News media."  Major wire services, television news services,
     radio news services and newspapers, whether located in this
     Commonwealth or in any other state, and personnel representing
     any such service.
        "Public business."  Matters which relate in any way, directly
     or indirectly, to the performance of the functions of the
     Delaware River Joint Toll Bridge Commission or the conduct of
     its business.
     Section 3.  Meetings to be open.
        Notwithstanding any inconsistent provisions of any general or
     special law, all meetings of the Delaware River Joint Toll
     Bridge Commission are declared to be public meetings and shall
     be open to the public and members of the news media,
     individually and collectively, for the purpose of observing the
     full details of all phases of the deliberation, policy making
     and decision making of the board to the extent that meetings and
     deliberations are open to the public under the Open Public
     Meetings Act, P.L.1976, c.231 (C.10:4-6 et seq.) and the act of
     July 3, 1986 (P.L.388, No.84), known as the Sunshine Act.
     Section 4.  Rules and regulations.
        The board shall adopt, within six months of the effective
     date of this act, appropriate rules and regulations concerning
     proper notice to the public and the news media of its meetings
     and the right of the public and the news media to be present at
     its meetings. The rules and regulations adopted pursuant to this
     section shall provide for the same notice and right of the
     public and news media to be present as well as any other rights
     and duties provided in the Open Public Meetings Act, P.L.1976,
     c.231 (C.10:4-6 et seq.) and the act of July 3, 1986 (P.L.388,
     No.84), known as the Sunshine Act. To the extent that these laws
     conflict, the Delaware River Joint Toll Bridge Commission shall
     incorporate into the rules and regulations the provisions of
     that law which provides for the greatest rights to the public
     and the news media.
     Section 5.  Minutes and public information.
        (a)  General rule.--It shall be the duty of the Board of
     Commissioners of the Delaware River Joint Toll Bridge Commission
     to insure that true and accurate minutes are kept of board
     meetings and that such minutes are promptly made available to
     the members of the public and the news media.
        (b)  Public information.--The board shall designate an
     individual who shall be responsible for responding to requests
     from the public and the news media for information concerning
     the scheduling, attendance and minutes of board meetings.
     Section 6.  Appeal.
        Any person denied any right granted under this act may appeal
     the denial to a court of common pleas of the Commonwealth, the
     Superior Court of New Jersey or any court of competent
     jurisdiction within one year of the date that the cause of
     action arises.
     Section 7.  Enforcement.
        Any official or employee of the Delaware River Joint Toll
     Bridge Commission who willfully engages in a continuous and
     repetitive pattern of violating the provisions of this act shall
     be subject to removal from office or employment.
     Section 8.  Applicability.
        This act shall apply 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 has already enacted
     such legislation, this act shall apply immediately.
     Section 9.  Effective date.
        This act shall take effect immediately.