senate Bill S5629

Relates to the Port Authority of New York and New Jersey's ability to enter into contracts with foreign persons or corporations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / May / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Summary

Relates to the Port Authority of New York and New Jersey'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.

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Bill Details

See Assembly Version of this Bill:
A3943
Versions:
S5629
Legislative Cycle:
2013-2014
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Executive Law
Laws Affected:
Add §719, Exec L; add Art VI-A, §1 of Chap 154 of 1921
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6851, A6851
2009-2010: A1197, A1197
2007-2008: A9526A, A9526A

Sponsor Memo

BILL NUMBER:S5629

TITLE OF BILL: An act to amend the executive law, in relation to
increasing port security; 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

PURPOSE:

This bill would require the Division of Homeland Security and
Emergency Services for the State of New York, the Office of Homeland

Security and Emergency Preparedness for the State of New Jersey, and
the Waterfront Commission of New York Harbor to establish a port
security enhancement plan by February 15, 2014, and require the Port
Authority to execute security agreements providing for background
checks, limitations of construction services, and increased security
personnel, in all contracts with foreign entities, and to make a
report to the Legislature, providing specific and ongoing information
on all such contracts within 30 days of the effective date of this
act, and every 18 days thereafter.

SUMMARY OF SPECIFIC PROVISIONS:

Specifically, this bill would:

1. Add a new section 719 to the executive law, to require the Division
of Homeland Security and Emergency Services for the State of New York,
the Office of Homeland Security and Emergency Preparedness for the
State of New Jersey, and the Waterfront Commission of New York Harbor,
on or before the 15th day of February, after the effective date of
this section, to prepare, and deliver to the governors of the states
of New York and New Jersey, the presidents pro tem pore of the senates
of New York and New Jersey and the speakers of the assemblies of New
York and New Jersey, a comprehensive report, which provides a plan of
action and includes recommendations, for the improvement of port and
waterway security for the port of New York and New Jersey, as well as
the ports, waterways and coastlines of the states of New York and New
Jersey.

Such report shall include:

*An examination of the overall security issues of the port of New York
and New Jersey, and making recommendations with respect to such
issues, including:
*The overall provision and status of port security;
*The division of responsibility for all facets of port security;
*Current impediments to providing optimal levels of security;
*Police patrols of the port:
*Interagency cooperation between federal, state and local authorities;
*Employee, crew, shipper, transporter and visitor background checks;
*Current and potential technology enhancements;
*Economic considerations;
*Real property and leasehold issues; and
*Such other and further items as the commission deems important; and
*Such report shall also include an examination of the overall security
issues of the ports, waterways and coastlines of the states of New


York and New Jersey, making recommendations with respect to the such
issues.

2. Create a new Article VI-A of the Port Authority Compact Law
(Section 6407-a of the Unconsolidated Laws) to provide the following:

*That the port authority shall not have the authority, to purchase,
construct, lease and/or operate any terminal or port facility; or to
make charges for the use thereof; or to own, hold, lease and/or
operate real or personal property, wherein any rights, powers or
duties of the port authority are given, awarded, transferred or
assigned in the ownership, holding, leasing and/or operation of any
such terminal or port facility, or such real or personal property, to
any foreign based person, corporation or entity, without maintaining
within such contracts a foreign contract security agreement

*The foreign contract security agreement would require:

*That all employees of the foreign based person, corporation or entity
shall, prior to their employment or continuation of employment, with
the foreign based person, corporation or entity, or any subsidiary
thereof, at any terminal or part owned, leased or controlled by the
port authority, pass a background security check, which shall be
administered and designed by the Waterfront Commission, and that all
costs of designing and administration of such background security
checks shall be paid for by the foreign based person, corporation or
entity; and

*That all construction, fit up and/or modifications of the terminal or
port facility, owned, leased or controlled by the port authority,
including the purchase, installation and/or maintenance of equipment
for use at such facility, shall be exclusively performed by a person,
corporation or entity which is not foreign based or controlled, and
which has been pre-cleared by the Waterfront Commission, and in no
event shall the foreign based person, corporation or entity be
provided with, or be given access to, any maps drawings, diagrams,
blueprints or any other secure documents concerning the buildings and
grounds of the terminal or port facility, its equipment and/or
operational infrastructure; and

*An agreement that the foreign based person, corporation or entity
shall fund regular and necessary patrols and inspections of the
terminal or port facility, and its equipment, cargo and operations by
the port authority police, waterfront commission police, personnel of
the United States Coast Guard, and/or personnel of the United States
Customs to the extent and number as shall be required by regulation by
the state police of the states of New York and New Jersey, in
cooperation and consultation with the Offices of Homeland and Public
Security of the United States, and states of New York and New Jersey;
and

*This new Article VI-A would also require that the Port Authority
produce ongoing reports on foreign contracts. Pursuant to such
requirement within 30 days of the effective date of this act, and
every 180 days thereafter, the Port Authority must submit to the Chair
of the New York State Senate Standing Committee on Veterans, Homeland
Security, and Military Affairs, the Chair of the New York State


Assembly Standing Committee on Governmental Operations, the Chair of
the New Jersey State Senate Standing Committee on Law, Public Safety
and Governmental Affairs, and the Chair of the New Jersey State
Assembly Standing Committee on Homeland Security and State
Preparedness, a complete report of all current and proposed contracts,
agreements and delegations between the port authority and any foreign
based person, corporation and entity. Such report shall include a
detailed description of such current or proposed contract, agreement
or delegation; and

This new Article VI-A would further require that any contract,
agreement or delegation by the port authority to any foreign person,
corporation or entity, which does not contain the express security
agreement outlined above, on or before January 1, following the
effective date of this article, shalt be deemed void and cancelled,
with the port authority being responsible for the payment of damages,
if any, for the voiding and cancelling of the same.

JUSTIFICATION:

At this time of heightened public safety concerns, New York State,
with one of the largest coastlines in America, and with an economy and
transportation network long associated with water and shipping, needs
to take serious and immediate action to protect its port, waterway and
coastal security.

Additionally, the Port Authority of New York and New Jersey has been
presented with an issue of National and State security concerning its
contract operations of terminal and port facilities with foreign based
entities. After the lessons of terrorist attacks in the United States,
the States of New York and New Jersey cannot afford to take such
concerns lightly and need to take real and concrete action to increase
public protection at one of its most important infrastructure
facilities, its port.

This bill would take demonstrative steps to accomplish this goal by
requiring the establishment of a port security enhancement plan as
well as the institution of security agreements in all Port Authority
contracts with foreign entities involving terminal and port
operations. In so doing, this bill would seek to address the major
security risk factors involving such contracts. By requiring that any
such contract to provide for the background check screening of all
employees working with such foreign corporation, or subsidiary
thereof, pass a background screening test designed and administered by
the state police in consultation with the state and federal
departments of homeland security, this bill seeks to ensure that the
persons working at such terminals and port facilities do not in any
way pose a security risk or have any connections or involvement with
persons who might seek to commit an act of terrorism or injury to the
public or the port.

By prohibiting foreign contractors from engaging in any construction,
fit up and/or modifications of the terminal or port facility,
including the purchase, installation and/or maintenance of equipment
for use at such facility, and that all such services be exclusively
performed by a domestic entity, which has been pre-cleared by the
state police in cooperation and consultation with the departments of


Homeland Security, and by further prohibiting such foreign based
contractor from being provided with, or be given access to, any maps
drawings, diagrams, blueprints or any other secure documents
concerning the buildings and grounds of the terminal or port facility,
its equipment and/or operational infrastructure, this bill would
additionally help to alleviate security concerns with respect to
foreign knowledge and access to the physical layouts and
vulnerabilities of terminal and port facilities.

By also requiring foreign contractors to fund regular and necessary
patrols and inspections of the terminal or port facility, and its
equipment, cargo and operations by the port authority police,
personnel of the United States Coast Guard, and/or personnel of the
United States Customs, to the extent and number as shall be required
by regulation by the state police in cooperation and consultation with
the departments of Homeland Security, this bill also seeks to
significantly increase terminal and port security at these sites
specifically, and at all sites of the Port Authority specifically.

The provisions of this bill which require the reports to the
legislatures with respect to these foreign contracts would provide for
a measure of ongoing oversight over these contracts by the state
legislatures of the states of New York and New Jersey and establish a
mechanism to provide information over these proposed deals to both the
public and their elected representatives.

LEGISLATIVE HISTORY:

2008: S.3743-A - Passed Senate (59-0)

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
section two of this act shall take effect upon the enactment into law
by the state of New Jersey of legislation having an identical effect
with this act, but if the state of New Jersey shall have already
enacted such legislation, this act shall take effect immediately;
provided that the chair of the port authority shall notify the
legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in section two of this act
in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of
New York in furtherance of effectuating the provisions of section 44
of the legislative law and section 70-b of the public officers law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5629

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Veterans,  Homeland
  Security and Military Affairs

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:

  Section  1.   The executive law is amended by adding a new section 719
to read as follows:
  S 719. PORT SECURITY ENHANCEMENT PLAN.  THE OFFICES OF HOMELAND  SECU-
RITY  FOR THE STATES OF NEW YORK AND NEW JERSEY, IN COOPERATION WITH THE
WATERFRONT COMMISSION OF  NEW  YORK  HARBOR  SHALL,  ON  OR  BEFORE  THE
FIFTEENTH DAY OF FEBRUARY, FOLLOWING THE EFFECTIVE DATE OF THIS SECTION,
PREPARE,  AND DELIVER TO THE GOVERNORS OF THE STATES OF NEW YORK AND NEW
JERSEY, THE TEMPORARY PRESIDENTS OF THE SENATES  OF  NEW  YORK  AND  NEW
JERSEY  AND THE SPEAKERS OF THE ASSEMBLIES OF NEW YORK AND NEW JERSEY, A
COMPREHENSIVE REPORT, WHICH PROVIDES  A  PLAN  OF  ACTION  AND  INCLUDES
RECOMMENDATIONS,  FOR  THE IMPROVEMENT OF PORT AND WATERWAY SECURITY FOR
THE PORT OF NEW YORK AND NEW JERSEY, AS WELL AS THE PORTS, WATERWAYS AND
COASTLINES OF THE STATES OF NEW YORK AND NEW JERSEY.
  SUCH REPORT SHALL INCLUDE:
  1. AN EXAMINATION OF THE OVERALL SECURITY ISSUES OF THE  PORT  OF  NEW
YORK  AND  NEW  JERSEY,  AND MAKING RECOMMENDATIONS WITH RESPECT TO SUCH
ISSUES, INCLUDING:
  A. THE OVERALL PROVISION AND STATUS OF PORT SECURITY;
  B. THE DIVISION OF RESPONSIBILITY FOR ALL FACETS OF PORT SECURITY;
  C. CURRENT IMPEDIMENTS TO PROVIDING OPTIMAL LEVELS OF SECURITY;
  D. POLICE PATROLS OF THE PORT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07405-01-3

S. 5629                             2

  E. INTERAGENCY COOPERATION BETWEEN FEDERAL, STATE AND  LOCAL  AUTHORI-
TIES;
  F. EMPLOYEE, CREW, SHIPPER, TRANSPORTER AND VISITOR BACKGROUND CHECKS;
  G. CURRENT AND POTENTIAL TECHNOLOGY ENHANCEMENTS;
  H. ECONOMIC CONSIDERATIONS;
  I. REAL PROPERTY AND LEASEHOLD ISSUES; AND
  J. SUCH OTHER AND FURTHER ITEMS AS THE COMMISSION DEEMS IMPORTANT.
  2.  SUCH REPORT SHALL ALSO INCLUDE AN EXAMINATION OF THE OVERALL SECU-
RITY ISSUES OF THE PORTS, WATERWAYS AND COASTLINES OF THE STATES OF  NEW
YORK AND NEW JERSEY, MAKING RECOMMENDATIONS WITH RESPECT TO SUCH ISSUES.
  S 2. Section 1 of chapter 154 of the laws of 1921 relating to the Port
Authority  of New York and New Jersey is amended by adding a new article
VI-A to read as follows:
                              ARTICLE VI-A.
  1. LEGISLATIVE FINDINGS AND DETERMINATIONS. THE LEGISLATURE FINDS  AND
DETERMINES  THAT  THE  SAFE  AND  EFFECTIVE  OPERATION OF TRANSPORTATION
FACILITIES, INCLUDING PORTS AND TERMINALS, IS AN ESSENTIAL  STATE  FUNC-
TION  AND IS CRITICAL TO BOTH THE NATIONAL AND STATE ECONOMY AND SECURI-
TY.
  THE LEGISLATURE  FURTHER  FINDS  AND  DETERMINES  THAT  THE  PURCHASE,
CONSTRUCTION, LEASING AND/OR OPERATION OF ANY TERMINAL OR PORT FACILITY,
AND  THE  OWNERSHIP,  HOLDING,  LEASING  AND/OR OPERATING OF ANY REAL OR
PERSONAL PROPERTY INCUMBENT AND/OR  ASSOCIATED  THEREWITH,  WHEREIN  ANY
RIGHTS,  POWERS  OR  DUTIES  OF  THE  PORT AUTHORITY ARE GIVEN, AWARDED,
TRANSFERRED OR ASSIGNED IN THE OWNERSHIP, HOLDING, LEASING AND/OR OPERA-
TION OF ANY SUCH TERMINAL OR PORT FACILITY, OR  SUCH  REAL  OR  PERSONAL
PROPERTY,  TO ANY FOREIGN PERSON, CORPORATION OR ENTITY, CAN POSE BY ITS
VERY NATURE A SERIOUS AND SUBSTANTIAL PUBLIC SECURITY CONCERN.
  THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THE  PROTECTION
OF  THE  PUBLIC AND THEIR INTERESTS DEMAND A THOROUGH AND SERIOUS REVIEW
OF ALL SUCH PUBLIC SECURITY ISSUES CONCERNING ANY SUCH CONTRACTS, AGREE-
MENTS AND/OR DELEGATIONS, AND THAT ANY SUCH CONTRACT,  AGREEMENT  AND/OR
DELEGATION   MUST  CONTAIN  WITHIN  THEIR  PROVISIONS  CERTAIN  SECURITY
REQUIREMENTS TO PROTECT AND PROMOTE THE PUBLIC SECURITY  OF  THE  PEOPLE
AND  THE  GOVERNMENTS  OF THE STATES OF NEW YORK AND NEW JERSEY, AND THE
UNITED STATES OF AMERICA.
  2. SECURITY  AGREEMENTS  REQUIRED  FOR  FOREIGN  CONTRACTS.  THE  PORT
AUTHORITY  SHALL  NOT  HAVE  THE AUTHORITY TO PURCHASE, CONSTRUCT, LEASE
AND/OR OPERATE ANY TERMINAL OR PORT FACILITY; OR TO MAKE CHARGES FOR THE
USE THEREOF; OR TO OWN, HOLD, LEASE  AND/OR  OPERATE  REAL  OR  PERSONAL
PROPERTY, WHEREIN ANY RIGHTS, POWERS OR DUTIES OF THE PORT AUTHORITY ARE
GIVEN, AWARDED, TRANSFERRED OR ASSIGNED IN THE OWNERSHIP, HOLDING, LEAS-
ING AND/OR OPERATION OF ANY SUCH TERMINAL OR PORT FACILITY, OR SUCH REAL
OR PERSONAL PROPERTY, TO ANY FOREIGN BASED PERSON, CORPORATION OR ENTITY
WITHOUT  MAINTAINING  WITHIN  SUCH CONTRACTS A FOREIGN CONTRACT SECURITY
AGREEMENT.
  A. FOR PURPOSES OF THIS SECTION, A FOREIGN BASED  PERSON,  CORPORATION
OR ENTITY SHALL INCLUDE:
  (I) ANY NATURAL PERSON WHO IS NOT A CITIZEN OF THE UNITED STATES; OR
  (II) ANY CORPORATION OR ENTITY THAT:
  (1) IS NOT HEADQUARTERED IN THE UNITED STATES, OR
  (2) IS NOT CHARTERED BY A STATE OR FEDERAL GOVERNMENT, OR
  (3)  HAS  NOT  LESS  THAN 51 PERCENT OF THEIR STOCK OR ASSETS OWNED OR
HELD BY:
  (A) A PERSON OR PERSONS WHO ARE NOT CITIZENS OF THE UNITED STATES, OR
  (B) A CORPORATION OR ENTITY, OR COLLECTION THEREOF, THAT ARE:

S. 5629                             3

  (I) NOT HEADQUARTERED IN THE UNITED STATES, OR
  (II) NOT CHARTERED BY A STATE OR FEDERAL GOVERNMENT.
  B. FOR PURPOSES OF THIS ARTICLE, A FOREIGN CONTRACT SECURITY AGREEMENT
SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
  (I)  AN  AGREEMENT  THAT  ALL  EMPLOYEES  OF THE FOREIGN BASED PERSON,
CORPORATION OR ENTITY SHALL, PRIOR TO THEIR EMPLOYMENT  OR  CONTINUATION
OF  EMPLOYMENT, WITH THE FOREIGN BASED PERSON, CORPORATION OR ENTITY, OR
ANY SUBSIDIARY THEREOF,  AT  ANY  TERMINAL  OR  PORT  OWNED,  LEASED  OR
CONTROLLED  BY  THE  PORT  AUTHORITY,  PASS A BACKGROUND SECURITY CHECK,
WHICH SHALL BE ADMINISTERED AND DESIGNED BY THE WATERFRONT COMMISSION OF
NEW YORK HARBOR AND THAT ALL COSTS OF DESIGNING AND  THE  ADMINISTRATION
OF  SUCH  BACKGROUND  SECURITY  CHECKS  SHALL BE PAID FOR BY THE FOREIGN
BASED PERSON, CORPORATION OR ENTITY; AND
  (II) AN AGREEMENT THAT ALL CONSTRUCTION, FIT UP  AND/OR  MODIFICATIONS
OF  THE  TERMINAL  OR  PORT FACILITY, OWNED, LEASED OR CONTROLLED BY THE
PORT AUTHORITY, INCLUDING THE PURCHASE, INSTALLATION AND/OR  MAINTENANCE
OF EQUIPMENT FOR USE AT SUCH FACILITY, SHALL BE EXCLUSIVELY PERFORMED BY
A   PERSON,  CORPORATION  OR  ENTITY  WHICH  IS  NOT  FOREIGN  BASED  OR
CONTROLLED, AND WHICH HAS BEEN PRE-CLEARED BY THE WATERFRONT  COMMISSION
OF  NEW  YORK  HARBOR,  AND  IN NO EVENT SHALL THE FOREIGN BASED PERSON,
CORPORATION OR ENTITY BE PROVIDED WITH, OR BE GIVEN ACCESS TO, ANY MAPS,
DRAWINGS, DIAGRAMS, BLUEPRINTS OR ANY OTHER SECURE DOCUMENTS  CONCERNING
THE  BUILDINGS  AND GROUNDS OF THE TERMINAL OR PORT FACILITY, ITS EQUIP-
MENT AND/OR OPERATIONAL INFRASTRUCTURE; AND
  (III) AN AGREEMENT THAT THE FOREIGN BASED PERSON, CORPORATION OR ENTI-
TY SHALL FUND REGULAR AND  NECESSARY  PATROLS  AND  INSPECTIONS  OF  THE
TERMINAL  OR  PORT  FACILITY, AND ITS EQUIPMENT, CARGO AND OPERATIONS BY
THE PORT AUTHORITY POLICE, THE WATERFRONT COMMISSION  POLICE,  PERSONNEL
OF  THE UNITED STATES COAST GUARD, AND/OR PERSONNEL OF THE UNITED STATES
CUSTOMS, TO THE EXTENT AND NUMBER AS SHALL BE REQUIRED BY REGULATION  BY
THE  STATE  POLICE  OF THE STATES OF NEW YORK AND NEW JERSEY, IN COOPER-
ATION AND CONSULTATION WITH THE DEPARTMENTS OF HOMELAND SECURITY OF  THE
UNITED STATES, THE STATE OF NEW YORK AND THE STATE OF NEW JERSEY.
  3.  REPORT  ON  FOREIGN CONTRACTS. THE PORT AUTHORITY SHALL, WITHIN 30
DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, AND EVERY 180 DAYS THER-
EAFTER, SUBMIT TO THE CHAIR  OF  THE  NEW  YORK  STATE  SENATE  STANDING
COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, THE CHAIR
OF  THE NEW YORK STATE ASSEMBLY STANDING COMMITTEE ON GOVERNMENTAL OPER-
ATIONS, THE CHAIR OF THE NEW JERSEY STATE SENATE STANDING  COMMITTEE  ON
LAW, PUBLIC SAFETY AND VETERANS AFFAIRS, AND THE CHAIR OF THE NEW JERSEY
STATE  ASSEMBLY  STANDING  COMMITTEE  ON  HOMELAND  SECURITY  AND  STATE
PREPAREDNESS, A COMPLETE REPORT OF ALL CURRENT AND  PROPOSED  CONTRACTS,
AGREEMENTS  AND  DELEGATIONS  BETWEEN THE PORT AUTHORITY AND ANY FOREIGN
BASED PERSON, CORPORATION AND ENTITY.    SUCH  REPORT  SHALL  INCLUDE  A
DETAILED  DESCRIPTION OF SUCH CURRENT OR PROPOSED CONTRACT, AGREEMENT OR
DELEGATION, INCLUDING BUT NOT LIMITED TO:
  A. THE NAMES AND ADDRESSES OF THE PARTIES TO THE  CONTRACT,  AGREEMENT
OR DELEGATION;
  B. THE AMOUNT THE CONTRACT, AGREEMENT OR DELEGATION IS FOR;
  C. THE DURATION OF THE CONTRACT, AGREEMENT OR DELEGATION;
  D.  THE  NATURE  OF THE PROPERTY AND/OR SERVICES TO BE RECEIVED AND/OR
PERFORMED PURSUANT TO THE CONTRACT, AGREEMENT OR DELEGATION; AND
  E. THE JUSTIFICATION, ON BEHALF OF THE PORT AUTHORITY, IF ANY,  AS  TO
WHY  SUCH  CONTRACT, AGREEMENT OR DELEGATION SHOULD BE APPROVED SO AS TO
BE EXECUTED, CONTINUED OR MAINTAINED.

S. 5629                             4

  4. TERMINATION OF CONTRACTS. ANY CONTRACT, AGREEMENT OR DELEGATION  BY
THE  PORT  AUTHORITY TO ANY FOREIGN PERSON, CORPORATION OR ENTITY, WHICH
DOES NOT CONTAIN THE SECURITY AGREEMENT ESTABLISHED PURSUANT TO SUBDIVI-
SION 2 OF THIS ARTICLE ON OR BEFORE THE FIRST DAY OF  JANUARY  FOLLOWING
THE  EFFECTIVE DATE OF THIS ARTICLE, SHALL BE DEEMED VOID AND CANCELLED,
WITH THE PORT AUTHORITY BEING RESPONSIBLE FOR THE PAYMENT OF DAMAGES, IF
ANY, FOR THE VOIDING AND CANCELLING OF THE SAME.
  S 3. This act shall take effect immediately; provided,  however,  that
section two of this act shall take effect upon the enactment into law by
the  state  of New Jersey of legislation having an identical effect with
this act, but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided  that  the
chair  of  the port authority shall notify the legislative bill drafting
commission upon the occurrence  of  the  enactment  of  the  legislation
provided for in section two of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

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