S T A T E O F N E W Y O R K
________________________________________________________________________
8706
I N A S S E M B L Y
February 4, 2014
___________
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; and in relation to expanding gubernatorial oversight powers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of article III of section 1 of part I of
chapter 882 of the laws of 1953, constituting the waterfront and airport
commission act, as amended by chapter 951 of the laws of 1970, is
amended to read as follows:
3. A. Three members of the commission shall constitute a quorum; but
the commission shall act only by a majority vote of all its members
TAKEN AT A MEETING OF THE COMMISSION. Any member may, by written instru-
ment filed in the office of the commission, designate any officer or
employee of the commission to act in his place as a member whenever he
shall be unable to attend a meeting of the commission. A vacancy in the
office of a member shall not impair such designation until the vacancy
shall have been filled. The commission shall elect one of its members
to serve as chairman for a term of one year; provided, however, that
the term of the first chairman shall expire on June thirtieth, nineteen
hundred seventy-one. The chairman shall represent a state other than
the state represented by the immediately preceding chairman.
B. THE COMMISSION SHALL MAINTAIN MINUTES OF ALL COMMISSION MEETINGS.
THE MINUTES OF EVERY MEETING OF THE COMMISSION SHALL, AS SOON AS POSSI-
BLE AFTER THE MEETING, BE DELIVERED, BY AND UNDER THE CERTIFICATION OF
THE SECRETARY OF THE COMMISSION, TO THE GOVERNOR OF THE STATE OF NEW
JERSEY AND THE GOVERNOR OF THE STATE OF NEW YORK.
C. NO ACTION TAKEN BY A COMMISSIONER AT THE MEETING SHALL HAVE FORCE
OR EFFECT FOR A PERIOD OF 10 DAYS, EXCEPT SATURDAYS, SUNDAYS AND NEW
JERSEY AND NEW YORK STATE PUBLIC HOLIDAYS, AFTER THE MINUTES HAVE BEEN
DELIVERED PURSUANT TO THIS SECTION, UNLESS THE GOVERNOR OF THE STATE OF
NEW JERSEY AND THE GOVERNOR OF THE STATE OF NEW YORK APPROVE THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10490-01-3
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MINUTES, OR PART THEREOF PERTAINING TO THAT ACTION, IN WRITING, BY
RECITING THE ACTION APPROVED, WITHIN THIS 10-DAY PERIOD.
D. THE GOVERNOR OF THE STATE OF NEW JERSEY AND THE GOVERNOR OF THE
STATE OF NEW YORK SHALL RETURN THE MINUTES TO THE COMMISSION, WITHIN THE
10-DAY PERIOD DESCRIBED IN PARAGRAPH C OF THIS SUBDIVISION, EITHER WITH
OR WITHOUT A VETO OF ANY ACTION RECITED IN THE MINUTES TAKEN. IF THE
GOVERNOR OF THE STATE OF NEW JERSEY AND THE GOVERNOR OF THE STATE OF NEW
YORK DO NOT RETURN THE MINUTES WITHIN THIS 10-DAY PERIOD, THEY SHALL BE
DEEMED TO HAVE APPROVED THE ACTION TAKEN BY THE COMMISSIONERS, AND SUCH
ACTION SHALL HAVE THE FORCE AND EFFECT AS RECITED IN THE MINUTES,
ACCORDING TO THE WORDING THEREOF.
E. IF THE GOVERNOR OF THE STATE OF NEW JERSEY OR THE GOVERNOR OF THE
STATE OF NEW YORK, WITHIN THE 10-DAY PERIOD DESCRIBED IN PARAGRAPH C OF
THIS SUBDIVISION, RETURNS THE MINUTES TO THE COMMISSION WITH A VETO
AGAINST AN ACTION TAKEN AT A MEETING, THAT ACTION SHALL BE NULL AND VOID
AND OF NO EFFECT.
S 2. Subdivisions 5, 7 and 11 of article IV of section 1 of part I of
chapter 882 of the laws of 1953, constituting the waterfront and airport
commission act, are amended to read as follows:
5. To appoint such officers, agents and employees as it may deem
necessary, prescribe their powers, duties and qualifications and fix
their compensation and, SUBJECT TO THE APPROVAL OF THE GOVERNORS IN BOTH
STATES, retain and employ counsel and private consultants on a contract
basis or otherwise;
7. To make and enforce such rules and regulations as the commission
may deem necessary to effectuate the purposes of this compact or to
prevent the circumvention or evasion thereof, to be effective upon
APPROVAL BY THE GOVERNORS OF BOTH STATES AND publication in the manner
which the commission shall prescribe and upon filing in the office of
the secretary of state of each state. A certified copy of any such
rules and regulations, attested as true and correct by the commission,
shall be presumptive evidence of the regular making, adoption, approval
and publication thereof;
11. [To] UNDER THE OVERSIGHT OF THE GOVERNORS OF BOTH STATES, TO make
investigations, collect and compile information concerning waterfront
practices generally within the port of New York district and upon all
matters relating to the accomplishment of the objectives of this
compact;
S 3. Subdivision 2 of article VI of section 1 of part I of chapter 882
of the laws of 1953, constituting the waterfront and airport commission
act, is amended to read as follows:
2. Any person intending to act as a stevedore within the port of New
York district shall file in the office of the commission a written
application for a license to engage in such occupation, duly signed and
verified as follows:
(a) If the applicant is a natural person, the application shall be
signed and verified by such person and if the applicant is a partner-
ship, the application shall be signed and verified by each natural
person composing or intending to compose such partnership. The applica-
tion shall state the full name, age, residence, business address [(if
any)], IF ANY, present and previous occupations of each natural person
so signing the same, and any other facts and evidence as may be required
by the commission to ascertain the character, integrity and identity of
each natural person so signing such application.
(b) If the applicant is a corporation, the application shall be signed
and verified by the president, secretary and treasurer thereof, and
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shall specify the name of the corporation, the date and place of its
incorporation, the location of its principal place of business, the
names and addresses of, and the amount of the stock held by stockholders
owning 5 per cent or more of any of the stock thereof, and of all offi-
cers (including all members of the board of directors). The require-
ments of [subdivision] PARAGRAPH (a) of this [section] SUBDIVISION as to
a natural person who is a member of a partnership, and such requirements
as may be specified in rules and regulations promulgated by the commis-
sion, UPON APPROVAL OF THE GOVERNORS OF BOTH STATES, shall apply to each
such officer or stockholder and their successors in office or interest
as the case may be.
In the event of the death, resignation or removal of any officer, and
in the event of any change in the list of stockholders who shall own
five per cent or more of the stock of the corporation, the secretary of
such corporation shall forthwith give notice of that fact in writing to
the commission, certified by said secretary.
S 4. Subdivision 3 of article XII of section 1 of part I of chapter
882 of the laws of 1953, constituting the waterfront and airport commis-
sion act, is amended to read as follows:
3. Every employer of longshoremen or port watchmen within the port of
New York district shall furnish such information as may be required by
the rules and regulations prescribed by the commission, SUBJECT TO THE
APPROVAL OF THE GOVERNORS OF BOTH STATES, with regard to the name of
each person hired as a longshoreman or port watchman, the time and place
of hiring, the time, place and hours of work, and the compensation
therefor.
S 5. Subdivision 5 of article XIII of section 1 of part I of chapter
882 of the laws of 1953, constituting the waterfront and airport commis-
sion act, is amended to read as follows:
5. The commission may provide by regulation APPROVED BY THE GOVERNORS
OF BOTH STATES for the collection and auditing of assessments. Such
assessments hereunder shall be payable pursuant to such provisions for
administration, collection and enforcement as the states may provide by
concurrent legislation. In addition to any other sanction provided by
law, the commission may revoke or suspend any license held by any person
under this compact, or his privilege of employing persons registered or
licensed hereunder, for non-payment of any assessment when due.
S 6. Paragraph 7 of subdivision A of section 2 of part II of chapter
882 of the laws of 1953, constituting the waterfront and airport commis-
sion act, is amended to read as follows:
7. In addition to any other powers authorized hereunder, the commis-
sion shall have power to make reasonable rules and regulations, SUBJECT
TO THE APPROVAL OF THE GOVERNORS OF BOTH STATES, to effectuate the
purposes of this section.
S 7. Paragraph 11 of subdivision A of section 2 of part II of chapter
882 of the laws of 1953, constituting the waterfront and airport commis-
sion act, is REPEALED.
S 8. Subdivisions 2 and 3 of article III of section 10 of part IV of
chapter 882 of the laws of 1953, constituting the waterfront and airport
commission act, as added by chapter 951 of the laws of 1970, is amended
to read as follows:
2. To establish such divisions and departments within the commission
as the commission may deem necessary and to appoint such officers,
agents and employees as it may deem necessary, prescribe their powers,
duties and qualifications and fix their compensation and, SUBJECT TO THE
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APPROVAL OF THE GOVERNORS OF BOTH STATES, retain and employ counsel and
private consultants on a contract basis or otherwise;
3. To make and enforce such rules and regulations, SUBJECT TO THE
APPROVAL OF THE GOVERNORS OF BOTH STATES, as the commission may deem
necessary to effectuate the purposes of this compact or to prevent the
circumvention or evasion thereof including, but not limited to, rules
and regulations [(which], WHICH shall be applicable to any person
licensed by the commission, his employer, or any other person within an
[airport)] AIRPORT, to provide for the maximum protection of air
freight, such as checking and custodial accounting, guarding, storing,
fencing, gatehouses, access to air freight, air freight loss reports,
and any other requirements which the commission in its discretion may
deem to be necessary and appropriate to provide such maximum protection.
The rules and regulations of the commission shall be effective upon
publication in the manner which the commission shall prescribe and upon
filing in the office of the secretary of state of each state. A certi-
fied copy of any such rules and regulations, attested as true and
correct by the commission, shall be presumptive evidence of the regular
making, adoption, approval and publication thereof;
S 9. Paragraph (b) of subdivision 2 of article V of section 10 of part
IV of chapter 882 of the laws of 1953, constituting the waterfront and
airport commission act, as added by chapter 951 of the laws of 1970, is
amended to read as follows:
(b) If the applicant is a corporation, the application shall be signed
and verified by the president, secretary and treasurer thereof, and
shall specify the name of the corporation, the date and place of its
incorporation, the location of its principal place of business, the
names and addresses of, and the amount of the stock held by stockholders
owning ten per cent or more of any of the stock thereof, and of all the
officers (including all members of the board of directors). The
requirements of subdivision (a) of this section as to a natural person
who is a member of a partnership, and such requirements as may be speci-
fied in rules and regulations promulgated by the commission, SUBJECT TO
THE APPROVAL OF THE GOVERNORS OF BOTH STATES, shall apply to each such
officer or stockholder and their successors in office or interest as the
case may be.
S 10. Subdivision 15 of article VIII of section 10 of part IV of chap-
ter 882 of the laws of 1953, constituting the waterfront and airport
commission act, as added by chapter 951 of the laws of 1970, is amended
to read as follows:
15. In addition to any other powers authorized hereunder, the commis-
sion shall have power to make reasonable rules and regulations, SUBJECT
TO THE APPROVAL OF THE GOVERNORS OF BOTH STATES, to effectuate the
purposes of this article.
S 11. Subdivision 19 of article VIII of section 10 of part IV of chap-
ter 882 of the laws of 1953, constituting the waterfront and airport
commission act, as added by chapter 951 of the laws of 1970, is amended
to read as follows:
19. The accounts, books and records of the commission, including its
receipts, disbursements, contracts, leases, investments and any other
matters relating to its financial standing shall be examined and audited
annually by independent auditors to be retained for such purpose by the
commission. NO INDEPENDENT AUDITOR SHALL BE RETAINED WITHOUT THE
APPROVAL OF THE GOVERNORS OF BOTH STATES.
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S 12. The governor is authorized to enter into a supplemental compact
or agreement, on behalf of the state of New York, with the state of New
Jersey, amending the waterfront and airport commission act.
S 13. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having a substantially similar effect
with this act, but if the state of New Jersey shall have already enacted
such legislation, then it shall take effect immediately and shall have
been in full force and effect on October 1, 2010; provided, this shall
not be construed to interfere with, or impair any vested right or obli-
gation under any contract prior to enactment; provided further that the
waterfront and airport commission shall notify the legislative bill
drafting commission upon the occurrence of the enactment of the legis-
lation provided for in sections one through twelve of this act in order
that the commission may maintain an accurate and timely effective data
base of the official text of laws of the state of New York in further-
ance of effecting the provisions of section 44 of the legislative law
and section 70-b of the public officers law.