S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1899
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, GALEF, GUNTHER, HEVESI, MONTESANO --
   Multi-Sponsored by -- M. of  A.  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
 assigned  also to provide for the security of the commissioner, officer,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01231-01-9

 A. 1899                             2
 
 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
 employee  shall  be  required  to pay the port authority for all tuition

 A. 1899                             3
 
 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-
 tainment  facility  within  or  outside of the states of New York or New

 A. 1899                             4
 
 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.