Bill Text: NJ A1344 | 2014-2015 | Regular Session | Introduced
Bill Title: Concerns transfer of PANYNJ contracts related to marine terminals.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A1344 Detail]
Download: New_Jersey-2014-A1344-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Co-Sponsored by:
Assemblyman Chivukula
SYNOPSIS
Concerns transfer of PANYNJ contracts related to marine terminals.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning marine terminals at the Port Authority of New York and New Jersey and supplementing P.L.1947, c.44 (C.32:1-35.28 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. When the Port Authority enters into or renews a contract or agreement concerning the operation of a marine terminal or the provision of port services, it shall ensure that the contract or agreement contains a provision requiring the prior written approval of the Port Authority before any party transfers its rights and obligations under the contract or agreement to another entity if the transferee entity is not based in the United States and does not have a satisfactory record of prior business dealings with the Port Authority. The provision shall also require that if such a transfer of rights or obligations occurs without the prior written approval of the Port Authority, the Port Authority shall have the right to terminate the contract or agreement.
2. Before giving its written approval of a transfer of rights or obligations as required by section 2 of P.L. , c. (pending before the Legislature as this bill), the Port Authority shall conduct its own independent security investigation of the transferee entity, its owners, its officers and managers, and any employees with security-sensitive responsibilities.
3. This act shall take effect upon the enactment into law by the State of New York of legislation having an identical effect with this act; but if the State of New York shall already have enacted such legislation, this act shall take effect immediately. This act shall apply to contracts and agreements entered into or renewed on or after the effective date of this act.
STATEMENT
The bill requires the Port Authority of New York and New Jersey ("Port Authority") to include a proviso in its contract ensuring it the right to terminate the contract in the event of an unsatisfactory transfer of its duties and responsibilities. Under the provisions of this bill, the proviso is to specify that the Port Authority must provide written consent prior to the transfer of a contractor's rights and obligations to another entity if that entity is not based in the United States and does not have a satisfactory record of prior business dealings with the Port Authority. Further, the proviso must provide that in the absence of written approval by the Port Authority, the Port Authority has the right to terminate the agreement.
Finally, the bill provides that the Port Authority may give its written consent to any such transfer only after it has conducted its own independent security investigation of the transferee entity, its owners, its officers and managers, and any employees with security-sensitive responsibilities.
The bill will become effective after a bill with identical terms is enacted into law by New York. The bill will apply to contracts entered into or renewed by the Port Authority on or after the bill's effective date.
