Bill Text: NY A00909 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the Port Authority of New York's ability to enter into contracts with foreign persons or corporations; requires the preparation of a port security enhancement plan by the offices of homeland security and the waterfront commission of New York Harbor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-24 - enacting clause stricken [A00909 Detail]
Download: New_York-2011-A00909-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 909 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. DESTITO -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the executive law, in relation to increasing port secu- rity; and to amend chapter 154 of the laws of 1921 relating to the Port Authority of New York and New Jersey, in relation to contracts with foreign persons, corporations, or entities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The executive law is amended by adding a new section 718 2 to read as follows: 3 S 718. PORT SECURITY ENHANCEMENT PLAN. THE OFFICES OF HOMELAND SECU- 4 RITY FOR THE STATES OF NEW YORK AND NEW JERSEY, IN COOPERATION WITH THE 5 WATERFRONT COMMISSION OF NEW YORK HARBOR SHALL, ON OR BEFORE THE 6 FIFTEENTH DAY OF FEBRUARY, FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, 7 PREPARE, AND DELIVER TO THE GOVERNORS OF THE STATES OF NEW YORK AND NEW 8 JERSEY, THE PRESIDENTS PRO TEMPORE OF THE SENATES OF NEW YORK AND NEW 9 JERSEY AND THE SPEAKERS OF THE ASSEMBLIES OF NEW YORK AND NEW JERSEY, A 10 COMPREHENSIVE REPORT, WHICH PROVIDES A PLAN OF ACTION AND INCLUDES 11 RECOMMENDATIONS, FOR THE IMPROVEMENT OF PORT AND WATERWAY SECURITY FOR 12 THE PORT OF NEW YORK AND NEW JERSEY, AS WELL AS THE PORTS, WATERWAYS AND 13 COASTLINES OF THE STATES OF NEW YORK AND NEW JERSEY. 14 SUCH REPORT SHALL INCLUDE: 15 1. AN EXAMINATION OF THE OVERALL SECURITY ISSUES OF THE PORT OF NEW 16 YORK AND NEW JERSEY, AND MAKING RECOMMENDATIONS WITH RESPECT TO SUCH 17 ISSUES, INCLUDING: 18 A. THE OVERALL PROVISION AND STATUS OF PORT SECURITY; 19 B. THE DIVISION OF RESPONSIBILITY FOR ALL FACETS OF PORT SECURITY; 20 C. CURRENT IMPEDIMENTS TO PROVIDING OPTIMAL LEVELS OF SECURITY; 21 D. POLICE PATROLS OF THE PORT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01827-01-1 A. 909 2 1 E. INTERAGENCY COOPERATION BETWEEN FEDERAL, STATE AND LOCAL AUTHORI- 2 TIES; 3 F. EMPLOYEE, CREW, SHIPPER, TRANSPORTER AND VISITOR BACKGROUND CHECKS; 4 G. CURRENT AND POTENTIAL TECHNOLOGY ENHANCEMENTS; 5 H. ECONOMIC CONSIDERATIONS; 6 I. REAL PROPERTY AND LEASEHOLD ISSUES; AND 7 J. SUCH OTHER AND FURTHER ITEMS AS THE COMMISSION DEEMS IMPORTANT. 8 2. SUCH REPORT SHALL ALSO INCLUDE AN EXAMINATION OF THE OVERALL SECU- 9 RITY ISSUES OF THE PORTS, WATERWAYS AND COASTLINES OF THE STATES OF NEW 10 YORK AND NEW JERSEY, MAKING RECOMMENDATIONS WITH RESPECT TO SUCH ISSUES. 11 S 2. Section 1 of chapter 154 of the laws of 1921 relating to the Port 12 Authority of New York and New Jersey is amended by adding a new article 13 VI-A to read as follows: 14 ARTICLE VI-A. 15 1. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGISLATURE FINDS AND 16 DETERMINES THAT THE SAFE AND EFFECTIVE OPERATION OF TRANSPORTATION 17 FACILITIES, INCLUDING PORTS AND TERMINALS, IS AN ESSENTIAL STATE FUNC- 18 TION AND IS CRITICAL TO BOTH THE NATIONAL AND STATE ECONOMY AND SECURI- 19 TY. 20 THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT THE PURCHASE, 21 CONSTRUCTION, LEASING AND/OR OPERATION OF ANY TERMINAL OR PORT FACILITY, 22 AND THE OWNERSHIP, HOLDING, LEASING AND/OR OPERATING OF ANY REAL OR 23 PERSONAL PROPERTY INCUMBENT AND/OR ASSOCIATED THEREWITH, WHEREIN ANY 24 RIGHTS, POWERS OR DUTIES OF THE PORT AUTHORITY ARE GIVEN, AWARDED, 25 TRANSFERRED OR ASSIGNED IN THE OWNERSHIP, HOLDING, LEASING AND/OR OPERA- 26 TION OF ANY SUCH TERMINAL OR PORT FACILITY, OR SUCH REAL OR PERSONAL 27 PROPERTY, TO ANY FOREIGN PERSON, CORPORATION OR ENTITY, CAN POSE BY ITS 28 VERY NATURE A SERIOUS AND SUBSTANTIAL PUBLIC SECURITY CONCERN. 29 THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THE PROTECTION 30 OF THE PUBLIC AND THEIR INTERESTS DEMAND A THOROUGH AND SERIOUS REVIEW 31 OF ALL SUCH PUBLIC SECURITY ISSUES CONCERNING ANY SUCH CONTRACTS, AGREE- 32 MENTS AND/OR DELEGATIONS, AND THAT ANY SUCH CONTRACT, AGREEMENT AND/OR 33 DELEGATION MUST CONTAIN WITHIN THEIR PROVISIONS CERTAIN SECURITY 34 REQUIREMENTS TO PROTECT AND PROMOTE THE PUBLIC SECURITY OF THE PEOPLE 35 AND THE GOVERNMENTS OF THE STATES OF NEW YORK AND NEW JERSEY, AND THE 36 UNITED STATES OF AMERICA. 37 2. SECURITY AGREEMENTS REQUIRED FOR FOREIGN CONTRACTS. THE PORT 38 AUTHORITY SHALL NOT HAVE THE AUTHORITY TO PURCHASE, CONSTRUCT, LEASE 39 AND/OR OPERATE ANY TERMINAL OR PORT FACILITY; OR TO MAKE CHARGES FOR THE 40 USE THEREOF; OR TO OWN, HOLD, LEASE AND/OR OPERATE REAL OR PERSONAL 41 PROPERTY, WHEREIN ANY RIGHTS, POWERS OR DUTIES OF THE PORT AUTHORITY ARE 42 GIVEN, AWARDED, TRANSFERRED OR ASSIGNED IN THE OWNERSHIP, HOLDING, LEAS- 43 ING AND/OR OPERATION OF ANY SUCH TERMINAL OR PORT FACILITY, OR SUCH REAL 44 OR PERSONAL PROPERTY, TO ANY FOREIGN BASED PERSON, CORPORATION OR ENTITY 45 WITHOUT MAINTAINING WITHIN SUCH CONTRACTS A FOREIGN CONTRACT SECURITY 46 AGREEMENT. 47 A. FOR PURPOSES OF THIS SECTION, A FOREIGN BASED PERSON, CORPORATION 48 OR ENTITY SHALL INCLUDE: 49 (I) ANY NATURAL PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES; OR 50 (II) ANY CORPORATION OR ENTITY THAT: 51 (1) IS NOT HEADQUARTERED IN THE UNITED STATES, OR 52 (2) IS NOT CHARTERED BY A STATE OR FEDERAL GOVERNMENT, OR 53 (3) HAS NOT LESS THAN 51 PERCENT OF THEIR STOCK OR ASSETS OWNED OR 54 HELD BY: 55 (A) A PERSON OR PERSONS WHO ARE NOT CITIZENS OF THE UNITED STATES, OR 56 (B) A CORPORATION OR ENTITY, OR COLLECTION THEREOF, THAT ARE: A. 909 3 1 (I) NOT HEADQUARTERED IN THE UNITED STATES, OR 2 (II) NOT CHARTERED BY A STATE OR FEDERAL GOVERNMENT. 3 B. FOR PURPOSES OF THIS ARTICLE, A FOREIGN CONTRACT SECURITY AGREEMENT 4 SHALL INCLUDE THE FOLLOWING REQUIREMENTS: 5 (I) AN AGREEMENT THAT ALL EMPLOYEES OF THE FOREIGN BASED PERSON, 6 CORPORATION OR ENTITY SHALL, PRIOR TO THEIR EMPLOYMENT OR CONTINUATION 7 OF EMPLOYMENT, WITH THE FOREIGN BASED PERSON, CORPORATION OR ENTITY, OR 8 ANY SUBSIDIARY THEREOF, AT ANY TERMINAL OR PORT OWNED, LEASED OR 9 CONTROLLED BY THE PORT AUTHORITY, PASS A BACKGROUND SECURITY CHECK, 10 WHICH SHALL BE ADMINISTERED AND DESIGNED BY THE WATERFRONT COMMISSION OF 11 NEW YORK HARBOR AND THAT ALL COSTS OF DESIGNING AND THE ADMINISTRATION 12 OF SUCH BACKGROUND SECURITY CHECKS SHALL BE PAID FOR BY THE FOREIGN 13 BASED PERSON, CORPORATION OR ENTITY; AND 14 (II) AN AGREEMENT THAT ALL CONSTRUCTION, FIT UP AND/OR MODIFICATIONS 15 OF THE TERMINAL OR PORT FACILITY, OWNED, LEASED OR CONTROLLED BY THE 16 PORT AUTHORITY, INCLUDING THE PURCHASE, INSTALLATION AND/OR MAINTENANCE 17 OF EQUIPMENT FOR USE AT SUCH FACILITY, SHALL BE EXCLUSIVELY PERFORMED BY 18 A PERSON, CORPORATION OR ENTITY WHICH IS NOT FOREIGN BASED OR 19 CONTROLLED, AND WHICH HAS BEEN PRE-CLEARED BY THE WATERFRONT COMMISSION 20 OF NEW YORK HARBOR, AND IN NO EVENT SHALL THE FOREIGN BASED PERSON, 21 CORPORATION OR ENTITY BE PROVIDED WITH, OR BE GIVEN ACCESS TO, ANY MAPS, 22 DRAWINGS, DIAGRAMS, BLUEPRINTS OR ANY OTHER SECURE DOCUMENTS CONCERNING 23 THE BUILDINGS AND GROUNDS OF THE TERMINAL OR PORT FACILITY, ITS EQUIP- 24 MENT AND/OR OPERATIONAL INFRASTRUCTURE; AND 25 (III) AN AGREEMENT THAT THE FOREIGN BASED PERSON, CORPORATION OR ENTI- 26 TY SHALL FUND REGULAR AND NECESSARY PATROLS AND INSPECTIONS OF THE 27 TERMINAL OR PORT FACILITY, AND ITS EQUIPMENT, CARGO AND OPERATIONS BY 28 THE PORT AUTHORITY POLICE, THE WATERFRONT COMMISSION POLICE, PERSONNEL 29 OF THE UNITED STATES COAST GUARD, AND/OR PERSONNEL OF THE UNITED STATES 30 CUSTOMS, TO THE EXTENT AND NUMBER AS SHALL BE REQUIRED BY REGULATION BY 31 THE STATE POLICE OF THE STATES OF NEW YORK AND NEW JERSEY, IN COOPER- 32 ATION AND CONSULTATION WITH THE DEPARTMENTS OF HOMELAND SECURITY OF THE 33 UNITED STATES, THE STATE OF NEW YORK AND THE STATE OF NEW JERSEY. 34 3. REPORT ON FOREIGN CONTRACTS. THE PORT AUTHORITY SHALL, WITHIN 30 35 DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, AND EVERY 180 DAYS THER- 36 EAFTER, SUBMIT TO THE CHAIR OF THE NEW YORK STATE SENATE STANDING 37 COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, THE CHAIR 38 OF THE NEW YORK STATE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPER- 39 ATIONS, THE CHAIR OF THE NEW JERSEY STATE SENATE STANDING COMMITTEE ON 40 LAW, PUBLIC SAFETY AND VETERANS AFFAIRS, AND THE CHAIR OF THE NEW JERSEY 41 STATE ASSEMBLY STANDING COMMITTEE ON HOMELAND SECURITY AND STATE 42 PREPAREDNESS, A COMPLETE REPORT OF ALL CURRENT AND PROPOSED CONTRACTS, 43 AGREEMENTS AND DELEGATIONS BETWEEN THE PORT AUTHORITY AND ANY FOREIGN 44 BASED PERSON, CORPORATION AND ENTITY. SUCH REPORT SHALL INCLUDE A 45 DETAILED DESCRIPTION OF SUCH CURRENT OR PROPOSED CONTRACT, AGREEMENT OR 46 DELEGATION, INCLUDING BUT NOT LIMITED TO: 47 A. THE NAMES AND ADDRESSES OF THE PARTIES TO THE CONTRACT, AGREEMENT 48 OR DELEGATION; 49 B. THE AMOUNT THE CONTRACT, AGREEMENT OR DELEGATION IS FOR; 50 C. THE DURATION OF THE CONTRACT, AGREEMENT OR DELEGATION; 51 D. THE NATURE OF THE PROPERTY AND/OR SERVICES TO BE RECEIVED AND/OR 52 PERFORMED PURSUANT TO THE CONTRACT, AGREEMENT OR DELEGATION; AND 53 E. THE JUSTIFICATION, ON BEHALF OF THE PORT AUTHORITY, IF ANY, AS TO 54 WHY SUCH CONTRACT, AGREEMENT OR DELEGATION SHOULD BE APPROVED SO AS TO 55 BE EXECUTED, CONTINUED OR MAINTAINED. A. 909 4 1 4. TERMINATION OF CONTRACTS. ANY CONTRACT, AGREEMENT OR DELEGATION BY 2 THE PORT AUTHORITY TO ANY FOREIGN PERSON, CORPORATION OR ENTITY, WHICH 3 DOES NOT CONTAIN THE SECURITY AGREEMENT ESTABLISHED PURSUANT TO SUBDIVI- 4 SION 2 OF THIS ARTICLE ON OR BEFORE THE FIRST DAY OF JANUARY FOLLOWING 5 THE EFFECTIVE DATE OF THIS ARTICLE, SHALL BE DEEMED VOID AND CANCELLED, 6 WITH THE PORT AUTHORITY BEING RESPONSIBLE FOR THE PAYMENT OF DAMAGES, IF 7 ANY, FOR THE VOIDING AND CANCELLING OF THE SAME. 8 S 3. This act shall take effect immediately; provided, however, that 9 section two of this act shall take effect upon the enactment into law by 10 the state of New Jersey of legislation having an identical effect with 11 this act, but if the state of New Jersey shall have already enacted such 12 legislation, this act shall take effect immediately; provided that the 13 chair of the port authority shall notify the legislative bill drafting 14 commission upon the occurrence of the enactment of the legislation 15 provided for in section two of this act in order that the commission may 16 maintain an accurate and timely effective data base of the official text 17 of the laws of the state of New York in furtherance of effectuating the 18 provisions of section 44 of the legislative law and section 70-b of the 19 public officers law.