New York City Council Header
File #: Int 2118-2020    Version: Name: Press Credentials
Type: Introduction Status: Enacted
Committee: Committee on Governmental Operations
On agenda: 10/15/2020
Enactment date: 4/25/2021 Law number: 2021/046
Title: A Local Law to amend the administrative code of the city of New York, in relation to press credentials
Sponsors: Keith Powers , Adrienne E. Adams, Ben Kallos, Costa G. Constantinides, Mark Levine, Farah N. Louis, Margaret S. Chin, Helen K. Rosenthal, Inez D. Barron, James F. Gennaro, Public Advocate Jumaane Williams
Council Member Sponsors: 11
Summary: This bill would give the Mayor’s Office of Media and Entertainment (MOME) sole authority to issue, suspend, and revoke press credentials. MOME would be required to establish rules setting forth criteria for press credential issuance, suspension, and revocation. Any person whose application for a press credential is denied would be entitled to a hearing. In addition, a hearing would be required before any press credential could be seized, suspended, or revoked. All hearings would be conducted by the Office of Administrative Trials and Hearings (OATH) in accordance with the due process procedures of the Charter and the OATH rules. Press credentials previously issued by the Police Department would remain in effect until their expiration date or until 270 days after the effective date of this local law, whichever is later.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 2118-A, 2. Summary of Int. No. 2118, 3. Int. No. 2118, 4. October 15, 2020 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 10-15-20, 6. Minutes of the Stated Meeting - October 15, 2020, 7. Committee Report 2/9/21, 8. Hearing Testimony 2/9/21, 9. Hearing Transcript 2/9/21, 10. Proposed Int. No. 2118-A - 3/24/21, 11. Committee Report 3/25/21, 12. Hearing Transcript 3/25/21, 13. Committee Report - Stated Meeting, 14. March 25, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 3-25-21, 16. Minutes of the Stated Meeting - March 25, 2021, 17. Int. No. 2118-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 46
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
4/26/2021AKeith Powers City Council Returned Unsigned by Mayor  Action details Meeting details Not available
4/25/2021AKeith Powers Administration City Charter Rule Adopted  Action details Meeting details Not available
3/25/2021AKeith Powers City Council Sent to Mayor by Council  Action details Meeting details Not available
3/25/2021AKeith Powers City Council Approved by CouncilPass Action details Meeting details Not available
3/25/2021*Keith Powers Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
3/25/2021*Keith Powers Committee on Governmental Operations Amendment Proposed by Comm  Action details Meeting details Not available
3/25/2021*Keith Powers Committee on Governmental Operations Amended by Committee  Action details Meeting details Not available
3/25/2021AKeith Powers Committee on Governmental Operations Approved by CommitteePass Action details Meeting details Not available
2/9/2021*Keith Powers Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
2/9/2021*Keith Powers Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
10/15/2020*Keith Powers City Council Referred to Comm by Council  Action details Meeting details Not available
10/15/2020*Keith Powers City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2118-A

 

By Council Members Powers, Adams, Kallos, Constantinides, Levine, Louis, Chin, Rosenthal, Barron, Gennaro and the Public Advocate (Mr. Williams)

 

A Local Law to amend the administrative code of the city of New York, in relation to press credentials

 

Be it enacted by the Council as follows:

Section 1.  Section 3-120 of the administrative code of the city of New York, as added by local law number 60 for the year 2018, is renumbered section 3-119.3.

§ 2. Subchapter 1 of chapter 1 of title 3 of the administrative code of the city of New York is amended by adding a new section 3-119.4 to read as follows:

§ 3-119.4 Press credentials. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Mayor’s office of media and entertainment. The term “mayor’s office of media and entertainment” means the mayor’s office of media and entertainment as established by mayoral executive order number 31 for the year 2018, as amended, or any successor to such office.

Press card. The term “press card” means a press credential that is issued to an individual member of the press and which may be used at multiple events during the period in which the press card is valid.

Press credential. The term “press credential” means a document that confers upon the bearer the rights set forth in subdivision b of this section.

Reserve press card. The term “reserve press card” means a press credential that is issued to a news organization for use by individuals retained by such news organization.

Single event press card. The term “single event press card” means a press credential that is issued to an individual member of the press for use only at a single event.

b. Subject to reasonable safety and evidence preservation concerns and space limitations, the bearer of a valid press credential shall be entitled to:

1. cross police lines, fire lines or other restrictions, limitations or barriers established by the city at emergency, spot, or breaking news events and public events of a non-emergency nature where police lines, fire lines or other restrictions, limitations or barriers established by the city have been set up for security or crowd control purposes, and

2. attend events sponsored by the city which are open to members of the press.

c. The mayor’s office of media and entertainment shall issue press cards, reserve press cards and single event press cards and may establish by rule additional types of press credentials. The mayor’s office of media and entertainment shall have the sole authority to issue, suspend and revoke press credentials.

d. 1. The mayor’s office of media and entertainment shall by rule establish:

(a) application procedures for press credentials;

(b) criteria for denial of an application for a press credential; and

(c) criteria for suspension or revocation of a press credential.

2. Such rules shall ensure that press credentials are issued, suspended and revoked in a manner that promotes a free and independent press, subject to reasonable safety and evidence preservation concerns.

e. Any news organization or individual member of the press whose application for a press credential has been denied shall have the right to challenge such denial at a hearing.

f. No press credential may be seized, suspended or revoked except following a hearing at which the mayor’s office of media and entertainment has demonstrated, by clear and convincing evidence, that a suspension or revocation is justified based on the criteria established by rules promulgated pursuant to subdivision d of this section.

g. All hearings regarding the denial of an application for a press credential or the suspension or revocation of a press credential shall be conducted by the office of administrative trials and hearings in accordance with the procedures set forth in section 1046 of the charter and any additional procedures established by rule by the chief administrative law judge. Notwithstanding subdivision c of this section, the decisions of the office of administrative trials and hearings shall constitute final determinations.

§ 3. Any press credential issued by the police department and valid on the effective date of this local law shall remain valid until the later of (i) its expiration date or (ii) 270 days after the effective date of this local law.

§ 4. This local law takes effect 270 days after it becomes law, except that the mayor’s office of media and entertainment and the office of administrative trials and hearings shall take any necessary actions to implement this local law, including the promulgation of rules, prior to such effective date.

 

 

 

 

 

NAB/ket/cjm

LS #15385

03/17/2021