Bill Text: NY A09153 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to the composition of the port authority of New York and New Jersey and disclosure of certain information, including conflicts of interest of commissioner candidates and posting minutes of meetings on the authority's website.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-30 - enacting clause stricken [A09153 Detail]

Download: New_York-2013-A09153-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9153
                                 I N  A S S E M B L Y
                                    March 21, 2014
                                      ___________
       Introduced  by  M. of A. ROSA -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       AN ACT to amend chapter 154 of the laws of 1921  relating  to  the  port
         authority  of  New York and New Jersey, in relation to the composition
         of the port authority of New York and New  Jersey  and  disclosure  of
         certain information
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article XIV of section 1 of chapter 154 of the laws of 1921
    2  relating to the port authority of New York and New Jersey is amended  to
    3  read as follows:
    4                                 ARTICLE XIV.
    5    The port authority shall elect from its number a chairman, vice-chair-
    6  man,  and  may appoint such officers and employees as it may require for
    7  the performance of its duties, and shall fix and determine their  quali-
    8  fications  and  duties. THE DEPUTY EXECUTIVE DIRECTOR SHALL BE APPOINTED
    9  BY THE EXECUTIVE DIRECTOR.
   10    S 2. Article IV of section 1 of chapter 154 of the laws of 1921 relat-
   11  ing to the port authority of New York and  New  Jersey,  as  amended  by
   12  chapter 419 of the laws of 1930, is amended to read as follows:
   13                                 ARTICLE IV
   14    1. The port authority shall consist of twelve commissioners, six resi-
   15  dent  voters  from the state of New York, at least four of whom shall be
   16  resident voters of the city of New York, and six  resident  voters  from
   17  the  state of New Jersey, at least four of whom shall be resident voters
   18  within the New Jersey portion of the district, the New York  members  to
   19  be  chosen  by  the  state of New York and the New Jersey members by the
   20  state of New Jersey FOR ONE TERM OF FIVE YEARS in the  manner  [and  for
   21  the  terms  fixed and] determined [from time to time] by the legislature
   22  of each state respectively, except as herein provided. EACH COMMISSIONER
   23  SHALL BE APPOINTED ON THE BASIS OF THEIR PROFESSIONAL QUALIFICATIONS AND
   24  KNOWLEDGE OF THE PORT AUTHORITY. Each commissioner  may  be  removed  or
   25  suspended  from office as provided by the law of the state from which he
   26  shall be appointed.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14130-01-4
       A. 9153                             2
    1    2. PRIOR TO THE APPOINTMENT OF A COMMISSIONER, ALL POTENTIAL CONFLICTS
    2  OF INTEREST SHALL BE POSTED ON THE  AUTHORITY'S  WEBSITE  AT  LEAST  ONE
    3  MONTH  PRIOR  TO  A  CANDIDATE'S  APPOINTMENT  OR TWO WEEKS IF FILLING A
    4  VACANCY. CONFLICTS SHALL BE PRESENTED TO  THE  TEMPORARY  PRESIDENT  AND
    5  MINORITY LEADER OF THE SENATE AND THE SPEAKER AND MINORITY LEADER OF THE
    6  ASSEMBLY,  THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
    7  CHAIRMAN OF THE SENATE FINANCE COMMITTEE OF THE STATE OF  NEW  YORK  AND
    8  THE  PRESIDENT,  MINORITY  LEADER  AND  SECRETARY  OF THE SENATE AND THE
    9  SPEAKER, MINORITY LEADER AND CLERK OF THE GENERAL ASSEMBLY OF THE  STATE
   10  OF NEW JERSEY.
   11    S  3.  Article  VII-A  of section 1 of chapter 154 of the laws of 1921
   12  relating to the port authority of New York and New Jersey, as  added  by
   13  chapter 33 of the laws of 1987, is amended to read as follows:
   14                                ARTICLE VII-A
   15    1.  The  port  authority  shall  file with the temporary president and
   16  minority leader of the senate and the speaker and minority leader of the
   17  assembly, the chairman of the assembly ways and means committee and  the
   18  chairman  of  the  senate finance committee of the state of New York and
   19  the president, minority leader and  secretary  of  the  senate  and  the
   20  speaker,  minority leader and clerk of the general assembly of the state
   21  of New Jersey a copy of the minutes of any action taken  at  any  public
   22  meeting of the port authority. Such filing shall be made on the same day
   23  such  minutes  are transmitted to the governor of each state for review;
   24  and notice of such filing shall be provided  to  the  governor  of  each
   25  state  at the same time. Failure to effectuate any such filing shall not
   26  impair the ability of the authority to act pursuant to a  resolution  of
   27  its  board.  Such  filing  shall not apply to any minutes required to be
   28  filed pursuant to section twenty of chapter six hundred fifty-one of the
   29  laws of nineteen hundred seventy-eight.
   30    2. The temporary president and minority  leader  of  the  senate,  the
   31  speaker  and minority leader of the assembly, the chairman of the assem-
   32  bly ways and means committee and the  chairman  of  the  senate  finance
   33  committee  of  the state of New York and the speaker and minority leader
   34  of the general assembly and the president and the minority leader of the
   35  senate of the state of New Jersey, or representatives designated by them
   36  in writing for this purpose, may by certificate filed with the secretary
   37  of the port  authority  waive  the  foregoing  filing  requirement  with
   38  respect to any specific minutes.
   39    3.  A COPY OF THE MINUTES OF ANY ACTION TAKEN AT ANY PUBLIC MEETING OF
   40  THE PORT AUTHORITY SHALL BE POSTED ON THE  AUTHORITY'S  WEBSITE  ON  THE
   41  SAME DAY SUCH MINUTES ARE TRANSMITTED TO THE GOVERNOR AND LEGISLATURE OF
   42  THE STATE OF NEW YORK AND THE STATE OF NEW JERSEY.
   43    S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
   44  sion,  section  or  part  of  this act shall be adjudged by any court of
   45  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   46  impair,  or  invalidate  the remainder thereof, but shall be confined in
   47  its operation to the clause, sentence, paragraph,  subdivision,  section
   48  or part thereof directly involved in the controversy in which such judg-
   49  ment shall have been rendered. It is hereby declared to be the intent of
   50  the  legislature  that  this  act  would  have been enacted even if such
   51  invalid provisions had not been included herein.
   52    S 5. This act shall take effect upon the enactment  into  law  by  the
   53  state  of New Jersey of legislation having an identical effect with this
   54  act, but if the state of New Jersey  shall  have  already  enacted  such
   55  legislation  this  act shall take effect immediately; provided, however,
   56  that the amendments to article VII-A of chapter 154 of the laws of  1921
       A. 9153                             3
    1  made by section three of this act shall take effect on the same date and
    2  in the same manner as section 1 of chapter 33 of the laws of 1987, takes
    3  effect.  The chairman of the port authority shall notify the legislative
    4  bill drafting commission upon the enactment into law of such legislation
    5  by  both  such states in order that the commission may maintain an accu-
    6  rate and timely effective data base of the official text of the laws  of
    7  the  state  of  New  York  in  furtherance of effecting the provision of
    8  section 44 of the legislative law and section 70-b of the  public  offi-
    9  cers law.
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