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

                                  1199

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. ZEBROWSKI, CASTRO, GALEF, GUNTHER, MONTESANO,
  KATZ, ROBERTS, TITONE, HEVESI  --  Multi-Sponsored  by  --  M.  of  A.
  CORWIN,  MAGEE,  SIMOTAS, SWEENEY, THIELE -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT in relation to restricting certain benefits for employees of  the
  New York and New Jersey Port Authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. a. The Port Authority of New York and New Jersey, including
any of its subsidiary corporations, shall not compensate any commission-
er, officer, or employee in the form of an  allowance  or  reimbursement
for  expenses related to the use of a vehicle that is procured by or for
the commissioner, officer, or employee primarily for personal use or for
the purpose of commuting between home and work.
  b. No current or former commissioner, officer, or employee of the port
authority, or of any of its subsidiary  corporations,  shall  be  exempt
from payment of any toll relating to the person's use of a port authori-
ty toll bridge or toll road, or of any fare relating to the person's use
of  the  transportation  services  of  the  port authority, and the port
authority, including any  of  its  subsidiary  corporations,  shall  not
compensate any such commissioner, officer, or employee in the form of an
allowance  or  reimbursement for payment of any such toll or fare or for
payment of any other expenses for commuting between home and work or for
travel not directly related to the public business of the port  authori-
ty.
  c.  The port authority shall not provide to any commissioner, officer,
or employee of the port authority, or of any of  its  subsidiary  corpo-
rations,  a  driver  whose assigned full-time or part-time duties are to
operate any motor vehicle in which the commissioner, officer, or employ-
ee, or an immediate family member of a commissioner, officer, or employ-

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

                                                           LBD00366-01-3

A. 1199                             2

ee is a passenger, unless the driver is a law enforcement officer who is
assigned also to provide for the security of the commissioner,  officer,
or employee when the need for such security has been documented. For the
purposes of this subsection, "immediate family member" of a person means
the  person's  spouse  and  any  parent, child, or sibling of the person
residing in the same household as the person.
  d. The port authority, including any of its  subsidiary  corporations,
shall  not compensate any commissioner, officer, or employee in the form
of an allowance or reimbursement for the cost  of  overnight  travel  on
behalf of the port authority or for purposes of conducting port authori-
ty  business unless such travel arrangements and the pertinent itinerary
shall first have been approved in writing by the port authority  commis-
sioners  at  a  public  meeting; provided, however, that this subsection
shall not be construed to prohibit the reimbursement of any  commission-
er,  officer,  or  employee for the cost of overnight travel in emergent
situations relating to the port authority's business. Any  payment  made
for  travel expenses in accordance with this subsection shall be made as
a reimbursement for allowable expenses, and such reimbursement shall  be
made after the date of travel.
  e.  The  port authority, including any of its subsidiary corporations,
shall not extend to any commissioner, officer, or  employee  a  personal
line  of  credit or any other form of credit agreement unless the use of
credit is directly related and essential to  the  performance  of  those
official  duties of the commissioner, officer, or employee as documented
in writing, that concern  the  maintenance  of  security  for  specified
persons or property, law enforcement, inspections or audits of regulated
facilities,  entities, or persons, or the health, safety, and welfare of
members of the public.
  f. No commissioner, officer, or employee of the port authority  or  of
any or of its subsidiary corporations shall receive any personal expense
allowance, or be authorized to charge any contingent fund or account for
personal  or  official  expenses  except where such allowance or fund is
expressly provided for by statute or legislative appropriation.
  g. No commissioner, officer, or employee of the port authority  or  of
any  of its subsidiary corporations shall receive an allowance, stipend,
subsidy, reimbursement, or other  form  of  payment  for  the  purchase,
lease,  or  maintenance  of  a  residence,  and no such individual shall
accept use of a residence owned or leased by the port authority  or  any
of  its subsidiary corporations for any purpose not directly related and
essential to the performance of those official duties of the officer  or
employee,  as  documented  in  writing,  that concern the maintenance of
security for specified persons or  property,  law  enforcement,  or  the
health, safety, and welfare of members of the public.
  h.  The  port authority shall not reimburse any officer or employee of
the port authority or of any of its subsidiary corporations for  attend-
ance  of  courses  at  an institution of higher education unless (1) the
course is taken at an accredited public institution of higher  education
in New York or New Jersey, including a county college, (2) the course is
directly  related  to  the  skills and knowledge required for the duties
being performed by the officer or employee, or required for the perform-
ance of the duties of a position to which the officer  or  employee  may
directly  be  promoted from the current position, and (3) the officer or
employee agrees to remain an officer or employee for  five  years  after
the final tuition reimbursement is made. The amount of any reimbursement
hereunder  shall  be limited to 50 percent of the tuition for the course
attended. If the officer or employee  does  not  remain  an  officer  or

A. 1199                             3

employee  of  the port authority for that period of time, the officer or
employee shall be required to pay the port  authority  for  all  tuition
reimbursements  made.  If  the officer or employee does not maintain a C
average  or its equivalent for courses attended, the officer or employee
shall not receive payment or reimbursement for tuition. This  subsection
shall  not  apply  to tuition reimbursement for a course or program that
provides a certification of  a  skill  or  understanding  sufficient  to
perform  or  assess  a particular technological, mechanical, industrial,
operational, accounting, or construction process or function,  and  that
certification is required for holding that office or employment.
  S 2. a. No commissioner, officer, or employee of the Port Authority of
New  York  and  New Jersey, or any of its subsidiary corporations, shall
solicit, receive or agree to receive, whether  directly  or  indirectly,
any  compensation,  reward,  employment,  gift, honorarium, out-of-state
travel or subsistence expense or other thing of value  from  any  source
other  than  the  port  authority, for providing any service, advice, or
assistance, making any appearance or speech,  or  performing  any  other
action  related  to the official duties of the commissioner, officer, or
employee, or under any other  circumstance  which  could  reasonably  be
expected  to  influence,  or  which may be reasonably perceived as being
expected to influence, the manner in which a commissioner,  officer,  or
employee  conducts  the  public business of the port authority; provided
however, that a commissioner, officer, or employee may be compensated by
any party for any written publication of the commissioner,  officer,  or
employee  relating  to, or concerning that commissioner's, officer's, or
employee's employment or service with the port authority.
  b. No commissioner, officer, or employee  having  had  decision-making
authority  or  responsibility  with regard to any port authority or port
authority subsidiary corporation shall accept or  engage  in  employment
with  any professional service provider, vendor, or independent contrac-
tor of the port authority for a period of two  years  after  the  termi-
nation  of  such  employment  with  the port authority or port authority
subsidiary corporation.
  c. No port authority  commissioner,  officer,  or  employee,  or  port
authority  subsidiary  corporation  employee,  shall solicit, receive or
agree to receive, whether directly or indirectly, any  ticket  or  other
form of admission to any place of entertainment that is provided free of
charge  or  at a discounted rate by the sponsor, promoter, performer, or
operator of the event or entertainment venue unless  the  same  free  or
reduced admission is available to (1) the public; (2) a class consisting
of  all  officers or employees of New York or New Jersey state agencies,
as appropriate, whether or not restricted on  the  basis  of  geographic
consideration;  (3)  all members of a group or class in which membership
is unrelated to port authority service; (4) all members of an  organiza-
tion,  such as an employees' association or state or other public entity
credit union, in which membership is related to port authority  service;
or  (5)  a  group  or class that is not defined in a manner that specif-
ically discriminates among state or port authority officers or employees
on the basis of branch of government or type of responsibility, or on  a
basis  that  favors  those  of  higher  rank  or  rate  of  pay. Free or
discounted admission available to the member of the immediate family  of
a  commissioner,  officer,  or employee shall be treated as available to
the officer, employee, or member for the purposes of this subsection.
  d. As used in this subsection, "immediate family member" of  a  person
means  the  person's  spouse  and  any  parent, child, or sibling of the
person residing in the same household  as  the  person;  and  "place  of

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entertainment" means any privately or publicly owned and operated enter-
tainment  facility  within  or  outside of the states of New York or New
Jersey, such as a theater, stadium, museum, arena,  racetrack  or  other
place where performances, concerts, exhibits, games or contests are held
and for which an entry fee is charged.
  S  3. Any commissioner, officer, or employee of the port authority, or
any of its subsidiary corporations who willfully engages in conduct,  or
upon whom a benefit is conferred, in violation of the provisions of this
act  shall  be subject to removal from office or employment and shall be
fined not less than $500 nor more than $10,000,  which  penalty  may  be
collected  in  a summary proceeding pursuant to the laws of the state in
which the commissioner, officer, or employee is  employed  by  the  port
authority or a port authority subsidiary corporation.
  S  4.  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
state  of  New Jersey shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of  the  legislation  provided
for in section one 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.