Senate Bill S5395

2013-2014 Legislative Session

Requires the waterfront and airport commission to submit meeting minutes for gubernatorial review and approval; expands gubernatorial oversight powers

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to finance
May 16, 2013	referred to finance

co-Sponsors

2013-S5395 (ACTIVE) - Details

See Assembly Version of this Bill:: A8706
Current Committee:: Senate Finance
Law Section:: Commissions
Laws Affected:: Rpld Part II §2 sub A ¶11, amd Chap 882 of 1953, generally

2013-S5395 (ACTIVE) - Summary

Requires the waterfront and airport commission to submit meeting minutes to the governors of New York and New Jersey for review and approval; provides gubernatorial veto power; expands gubernatorial oversight powers; prohibits the commission from promulgating regulations, or retaining counsel, private consultants or auditors without approval by the governors of New York and New Jersey.

2013-S5395 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5395

TITLE OF BILL:  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

PURPOSE: Provides the Governors of both New York and New Jersey with
review and approval of waterfront commission minutes and provides for
oversight by both governors.

SUMMARY OF PROVISIONS:

Section 1 - amends 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:

* Commission acts shall on be taken by a majority vote by taken at a
meeting of its members

* Requires the commission maintain minutes of all meetings, which then
must be certified by the secretary of the commission and transmitted
to the governor of NY and NJ.

* No actions may be taken by a commission unless once delivered

minutes are approved by both governors within a 10-day period, the
governors may approve or veto the minutes within the 10-day period.

* Vetoes by the governor(s)shall make that action null and void and of
no effect

Section 2 - amends subdivisions 5, 7 and 11 of article IV of section 1
of part I of chapter 882 of 1953:

* Appointments, duties and compensation would become subject to the
approval of governors of both states

* Rules and regulations must be approved by governors of both state

* Investigations into practices of the shall be under the oversight of
governors of both states

Section 3 - requires approval of governors of both states pertaining
to rules and regulations of stockholders

Section 4 - requires approval of governors of both states pertaining
to information required in the hiring of longshoremen or port
watchmen.

Section 5- requires approval of governors of both states pertaining to
the collection and auditing of assessments.

Section 6 - requires approval of governors of both states pertaining
to the powers of the commissioner to make reasonable rules and
regulations.


Section 7 - repeals part 11 of subdivision A of section 2 of part II
of chapter 882 of the laws of 1953

Section 8 - power to establish divisions or departments and staff them
within the commission are subject to approval of governors of both
states

Section 9 - regulations concerning corporations are subject to
approval a of governors of both states

Section 10 - powers of the commission to make rules and regulation are
subject to approval of governors of both states

Section 11 - No independent auditor shall be retained without of
governors of both states

Section 12 - rules and regulations necessary to effectuate the compact
are subject to the approval of both states Section 13 - provides for
effective date

EXISTING LAW:  Initial Compact - chapter 882 of the laws of 1953,
major amendments by chapter 951 of the laws and 1970, with additional
amendments in subsequent years with 2007 being the most recent.

JUSTIFICATION:  As a bi-state commission the governors of both states
should have approval and veto authority in the workings of the
Waterfront and Airport Commission.

LEGISLATIVE HISTORY: New Legislation

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take effect upon the enactment into
law by the state of New Jersey of legislation having similar effect
with this act, then immediately and shall have been in full force and
effect on October 1, 2010.

2013-S5395 (ACTIVE) - Bill Text download pdf

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

                                  5395

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10490-01-3

S. 5395                             2

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
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

S. 5395                             3

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
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:

S. 5395                             4

  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
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

S. 5395                             5

commission.  NO  INDEPENDENT  AUDITOR  SHALL  BE  RETAINED  WITHOUT  THE
APPROVAL OF THE GOVERNORS OF BOTH STATES.
  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.

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Senate Bill S5395

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

2013-S5395 (ACTIVE) - Details

2013-S5395 (ACTIVE) - Summary

2013-S5395 (ACTIVE) - Sponsor Memo

2013-S5395 (ACTIVE) - Bill Text download pdf

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

Andrew J. Lanza

2013-S5395 (ACTIVE) - Details

2013-S5395 (ACTIVE) - Summary

2013-S5395 (ACTIVE) - Sponsor Memo

2013-S5395 (ACTIVE) - Bill Text download pdf

Comments