S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4885
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 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; in relation to expanding gubernatorial oversight powers; and to
   repeal certain provisions of the waterfront and airport commission act
   relating thereto
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00124-01-9

 A. 4885                             2
 
   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
 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.
   § 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;
   § 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

 A. 4885                             3
 
 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
 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.
   § 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.
   § 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.
   §  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.
   §  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.
   § 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, are amended
 to read as follows:

 A. 4885                             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;
   § 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.
   § 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.
   § 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

 A. 4885                             5
 
 commission.  NO  INDEPENDENT  AUDITOR  SHALL  BE  RETAINED  WITHOUT  THE
 APPROVAL OF THE GOVERNORS OF BOTH STATES.
   §  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.
   §  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.