Bill Text: NY A04885 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the waterfront and airport commission to submit meeting minutes to the governors of New York and New Jersey for review and approval; provides gubernatorial veto power; expands gubernatorial oversight powers; prohibits the commission from promulgating regulations, or retaining counsel, private consultants or auditors without approval by the governors of New York and New Jersey.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A04885 Detail]

Download: New_York-2019-A04885-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4885
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
        AN  ACT  to amend the waterfront and airport commission act, in relation
          to requiring the  submission  of  meeting  minutes  for  gubernatorial
          review  and  approval,  in  relation  to  providing gubernatorial veto
          power; in relation to expanding gubernatorial oversight powers; and to
          repeal certain provisions of the waterfront and airport commission act
          relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of  article III of section 1 of part I of
     2  chapter 882 of the laws of 1953, constituting the waterfront and airport
     3  commission act, as amended by chapter  951  of  the  laws  of  1970,  is
     4  amended to read as follows:
     5    3.  a. Three members of the commission shall constitute a quorum;  but
     6  the commission shall act only by a majority  vote  of  all  its  members
     7  taken at a meeting of the commission. Any member may, by written instru-
     8  ment  filed  in  the  office of the commission, designate any officer or
     9  employee of the commission to act in his place as a member  whenever  he
    10  shall be unable to attend a meeting of the commission.  A vacancy in the
    11  office  of  a member shall not impair such designation until the vacancy
    12  shall have been filled.  The commission shall elect one of  its  members
    13  to  serve  as  chairman for a term of one year;  provided, however, that
    14  the term of the first chairman shall expire on June thirtieth,  nineteen
    15  hundred  seventy-one.    The chairman shall represent a state other than
    16  the state represented by the immediately preceding chairman.
    17    b. The commission shall maintain minutes of all  commission  meetings.
    18  The  minutes of every meeting of the commission shall, as soon as possi-
    19  ble after the meeting, be delivered, by and under the  certification  of
    20  the  secretary  of  the  commission, to the governor of the state of New
    21  Jersey and the governor of the state of New York.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00124-01-9

        A. 4885                             2
     1    c. No action taken by a commissioner at the meeting shall  have  force
     2  or  effect  for  a  period of 10 days, except Saturdays, Sundays and New
     3  Jersey and New York state public holidays, after the minutes  have  been
     4  delivered  pursuant to this section, unless the governor of the state of
     5  New  Jersey  and  the  governor  of  the  state  of New York approve the
     6  minutes, or part thereof pertaining  to  that  action,  in  writing,  by
     7  reciting the action approved, within this 10-day period.
     8    d.  The  governor  of  the state of New Jersey and the governor of the
     9  state of New York shall return the minutes to the commission, within the
    10  10-day period described in paragraph c of this subdivision, either  with
    11  or  without  a  veto  of any action recited in the minutes taken. If the
    12  governor of the state of New Jersey and the governor of the state of New
    13  York do not return the minutes within this 10-day period, they shall  be
    14  deemed  to have approved the action taken by the commissioners, and such
    15  action shall have the force  and  effect  as  recited  in  the  minutes,
    16  according to the wording thereof.
    17    e.  If  the governor of the state of New Jersey or the governor of the
    18  state of New York, within the 10-day period described in paragraph c  of
    19  this  subdivision,  returns  the  minutes  to the commission with a veto
    20  against an action taken at a meeting, that action shall be null and void
    21  and of no effect.
    22    § 2. Subdivisions 5, 7 and 11 of article IV of section 1 of part I  of
    23  chapter 882 of the laws of 1953, constituting the waterfront and airport
    24  commission act, are amended to read as follows:
    25    5.  To  appoint  such  officers,  agents  and employees as it may deem
    26  necessary, prescribe their powers, duties  and  qualifications  and  fix
    27  their compensation and, subject to the approval of the governors in both
    28  states,  retain and employ counsel and private consultants on a contract
    29  basis or otherwise;
    30    7. To make and enforce such rules and regulations  as  the  commission
    31  may  deem  necessary  to  effectuate  the purposes of this compact or to
    32  prevent the circumvention or  evasion  thereof,  to  be  effective  upon
    33  approval  by  the governors of both states and publication in the manner
    34  which the commission shall prescribe and upon filing in  the  office  of
    35  the  secretary  of  state  of each state.   A certified copy of any such
    36  rules and regulations, attested as true and correct by  the  commission,
    37  shall  be presumptive evidence of the regular making, adoption, approval
    38  and publication thereof;
    39    11. [To] Under the oversight of the governors of both states, to  make
    40  investigations,  collect  and  compile information concerning waterfront
    41  practices generally within the port of New York district  and  upon  all
    42  matters  relating  to  the  accomplishment  of  the  objectives  of this
    43  compact;
    44    § 3. Subdivision 2 of article VI of section 1 of part I of chapter 882
    45  of the laws of 1953, constituting the waterfront and airport  commission
    46  act, is amended to read as follows:
    47    2.  Any  person intending to act as a stevedore within the port of New
    48  York district shall file in the  office  of  the  commission  a  written
    49  application  for a license to engage in such occupation, duly signed and
    50  verified as follows:
    51    (a) If the applicant is a natural person,  the  application  shall  be
    52  signed  and  verified  by such person and if the applicant is a partner-
    53  ship, the application shall be  signed  and  verified  by  each  natural
    54  person  composing or intending to compose such partnership. The applica-
    55  tion shall state the full name, age, residence,  business  address  [(if
    56  any)],  if  any, present and previous occupations of each natural person

        A. 4885                             3
     1  so signing the same, and any other facts and evidence as may be required
     2  by the commission to ascertain the character, integrity and identity  of
     3  each natural person so signing such application.
     4    (b) If the applicant is a corporation, the application shall be signed
     5  and  verified  by  the  president,  secretary and treasurer thereof, and
     6  shall specify the name of the corporation, the date  and  place  of  its
     7  incorporation,  the  location  of  its  principal place of business, the
     8  names and addresses of, and the amount of the stock held by stockholders
     9  owning 5 per cent or more of any of the stock thereof, and of all  offi-
    10  cers  (including  all  members of the board of directors).  The require-
    11  ments of [subdivision] paragraph (a) of this [section] subdivision as to
    12  a natural person who is a member of a partnership, and such requirements
    13  as may be specified in rules and regulations promulgated by the  commis-
    14  sion, upon approval of the governors of both states, shall apply to each
    15  such  officer  or stockholder and their successors in office or interest
    16  as the case may be.
    17    In the event of the death, resignation or removal of any officer,  and
    18  in  the  event  of  any change in the list of stockholders who shall own
    19  five per cent or more of the stock of the corporation, the secretary  of
    20  such  corporation shall forthwith give notice of that fact in writing to
    21  the commission, certified by said secretary.
    22    § 4. Subdivision 3 of article XII of section 1 of part  I  of  chapter
    23  882 of the laws of 1953, constituting the waterfront and airport commis-
    24  sion act, is amended to read as follows:
    25    3.  Every employer of longshoremen or port watchmen within the port of
    26  New York district shall furnish such information as may be  required  by
    27  the  rules  and regulations prescribed by the commission, subject to the
    28  approval of the governors of both states, with regard  to  the  name  of
    29  each person hired as a longshoreman or port watchman, the time and place
    30  of  hiring,  the  time,  place  and  hours of work, and the compensation
    31  therefor.
    32    § 5. Subdivision 5 of article XIII of section 1 of part I  of  chapter
    33  882 of the laws of 1953, constituting the waterfront and airport commis-
    34  sion act, is amended to read as follows:
    35    5.  The commission may provide by regulation approved by the governors
    36  of both states for the collection and auditing  of  assessments.    Such
    37  assessments  hereunder  shall be payable pursuant to such provisions for
    38  administration, collection and enforcement as the states may provide  by
    39  concurrent  legislation.   In addition to any other sanction provided by
    40  law, the commission may revoke or suspend any license held by any person
    41  under this compact, or his privilege of employing persons registered  or
    42  licensed hereunder, for non-payment of any assessment when due.
    43    §  6.  Paragraph 7 of subdivision A of section 2 of part II of chapter
    44  882 of the laws of 1953, constituting the waterfront and airport commis-
    45  sion act, is amended to read as follows:
    46    7. In addition to any other powers authorized hereunder,  the  commis-
    47  sion  shall have power to make reasonable rules and regulations, subject
    48  to the approval of the governors  of  both  states,  to  effectuate  the
    49  purposes of this section.
    50    §  7. Paragraph 11 of subdivision A of section 2 of part II of chapter
    51  882 of the laws of 1953, constituting the waterfront and airport commis-
    52  sion act, is REPEALED.
    53    § 8. Subdivisions 2 and 3 of article III of section 10 of part  IV  of
    54  chapter 882 of the laws of 1953, constituting the waterfront and airport
    55  commission act, as added by chapter 951 of the laws of 1970, are amended
    56  to read as follows:

        A. 4885                             4
     1    2.  To  establish such divisions and departments within the commission
     2  as the commission may deem  necessary  and  to  appoint  such  officers,
     3  agents  and  employees as it may deem necessary, prescribe their powers,
     4  duties and qualifications and fix their compensation and, subject to the
     5  approval  of the governors of both states, retain and employ counsel and
     6  private consultants on a contract basis or otherwise;
     7    3. To make and enforce such rules  and  regulations,  subject  to  the
     8  approval  of  the  governors  of both states, as the commission may deem
     9  necessary to effectuate the purposes of this compact or to  prevent  the
    10  circumvention  or  evasion  thereof including, but not limited to, rules
    11  and regulations [(which],  which  shall  be  applicable  to  any  person
    12  licensed  by the commission, his employer, or any other person within an
    13  [airport)] airport,  to  provide  for  the  maximum  protection  of  air
    14  freight,  such  as checking and custodial accounting, guarding, storing,
    15  fencing, gatehouses, access to air freight, air  freight  loss  reports,
    16  and  any  other  requirements which the commission in its discretion may
    17  deem to be necessary and appropriate to provide such maximum protection.
    18  The rules and regulations of the  commission  shall  be  effective  upon
    19  publication  in the manner which the commission shall prescribe and upon
    20  filing in the office of the secretary of state of each state.  A  certi-
    21  fied  copy  of  any  such  rules  and  regulations, attested as true and
    22  correct by the commission, shall be presumptive evidence of the  regular
    23  making, adoption, approval and publication thereof;
    24    § 9. Paragraph (b) of subdivision 2 of article V of section 10 of part
    25  IV  of  chapter 882 of the laws of 1953, constituting the waterfront and
    26  airport commission act, as added by chapter 951 of the laws of 1970,  is
    27  amended to read as follows:
    28    (b) If the applicant is a corporation, the application shall be signed
    29  and  verified  by  the  president,  secretary and treasurer thereof, and
    30  shall specify the name of the corporation, the date  and  place  of  its
    31  incorporation,  the  location  of  its  principal place of business, the
    32  names and addresses of, and the amount of the stock held by stockholders
    33  owning ten per cent or more of any of the stock thereof, and of all  the
    34  officers  (including  all  members  of  the  board  of directors).   The
    35  requirements of subdivision (a) of this section as to a  natural  person
    36  who is a member of a partnership, and such requirements as may be speci-
    37  fied  in rules and regulations promulgated by the commission, subject to
    38  the approval of the governors of both states, shall apply to  each  such
    39  officer or stockholder and their successors in office or interest as the
    40  case may be.
    41    § 10. Subdivision 15 of article VIII of section 10 of part IV of chap-
    42  ter  882  of  the  laws of 1953, constituting the waterfront and airport
    43  commission act, as added by chapter 951 of the laws of 1970, is  amended
    44  to read as follows:
    45    15.  In addition to any other powers authorized hereunder, the commis-
    46  sion shall have power to make reasonable rules and regulations,  subject
    47  to  the  approval  of  the  governors  of both states, to effectuate the
    48  purposes of this article.
    49    § 11. Subdivision 19 of article VIII of section 10 of part IV of chap-
    50  ter 882 of the laws of 1953, constituting  the  waterfront  and  airport
    51  commission  act, as added by chapter 951 of the laws of 1970, is amended
    52  to read as follows:
    53    19. The accounts, books and records of the commission,  including  its
    54  receipts,  disbursements,  contracts,  leases, investments and any other
    55  matters relating to its financial standing shall be examined and audited
    56  annually by independent auditors to be retained for such purpose by  the

        A. 4885                             5
     1  commission.  No  independent  auditor  shall  be  retained  without  the
     2  approval of the governors of both states.
     3    §  12. The governor is authorized to enter into a supplemental compact
     4  or agreement, on behalf of the state of New York, with the state of  New
     5  Jersey, amending the waterfront and airport commission act.
     6    §  13.  This  act shall take effect upon the enactment into law by the
     7  state of New Jersey of legislation having a substantially similar effect
     8  with this act, but if the state of New Jersey shall have already enacted
     9  such legislation, then it shall take effect immediately and  shall  have
    10  been  in  full force and effect on October 1, 2010; provided, this shall
    11  not be construed to interfere with, or impair any vested right or  obli-
    12  gation  under any contract prior to enactment; provided further that the
    13  waterfront and airport commission  shall  notify  the  legislative  bill
    14  drafting  commission  upon the occurrence of the enactment of the legis-
    15  lation provided for in sections one through twelve of this act in  order
    16  that  the  commission may maintain an accurate and timely effective data
    17  base of the official text of laws of the state of New York  in  further-
    18  ance  of  effecting  the provisions of section 44 of the legislative law
    19  and section 70-b of the public officers law.
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