S T A T E   O F   N E W   Y O R K
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                                  1666

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. ZEBROWSKI, GALEF, GUNTHER, ROBERTS, TITONE, HEVE-
  SI,  MONTESANO,  KATZ -- Multi-Sponsored by -- M. of A. CORWIN, MAGEE,
  SIMOTAS, THIELE -- read once and referred to the Committee  on  Corpo-
  rations, 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-
ee is a passenger, unless the driver is a law enforcement officer who is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00513-01-5
              

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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
employee  of  the port authority for that period of time, the officer or

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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
entertainment" means any privately or publicly owned and operated enter-

A. 1666                             4

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.