S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1394
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  GALEF,  GUNTHER, TITONE, HEVESI,
   MONTESANO -- Multi-Sponsored by -- M. of A. MAGEE, SIMOTAS, 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-
 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.
              

                                                            LBD04108-01-7

 A. 1394                             2
 
 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

 A. 1394                             3

 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.
   § 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. 1394                             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.
   §  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.
   §  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.