Rpld Part II §2 sub A ¶11, amd Chap 882 of 1953, generally
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2876
SPONSOR: Cusick 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 gubernatori-
al veto power; and in relation to expanding gubernatorial oversight
powers
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 gubernatori-
al veto power; and in relation to expanding gubernatorial oversight
powers
PURPOSE OR GENERAL IDEA OF BILL:
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 SPECIFIC 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 states
*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 gover-
nors 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
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.
PRIOR LEGISLATIVE HISTORY:
2014: A.8706/S.5395 - referred to corporations, authorities and
commissions/Senate Finance
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.
STATE OF NEW YORK
________________________________________________________________________
2876
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
___________
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; 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:
1 Section 1. Subdivision 3 of article III of section 1 of part I of
2 chapter 882 of the laws of 1953, constituting the waterfront and airport
3 commission act, as amended by chapter 951 of the laws of 1970, is
4 amended to read as follows:
5 3. a. Three members of the commission shall constitute a quorum; but
6 the commission shall act only by a majority vote of all its members
7 taken at a meeting of the commission. Any member may, by written instru-
8 ment filed in the office of the commission, designate any officer or
9 employee of the commission to act in his place as a member whenever he
10 shall be unable to attend a meeting of the commission. A vacancy in the
11 office of a member shall not impair such designation until the vacancy
12 shall have been filled. The commission shall elect one of its members
13 to serve as chairman for a term of one year; provided, however, that
14 the term of the first chairman shall expire on June thirtieth, nineteen
15 hundred seventy-one. The chairman shall represent a state other than
16 the state represented by the immediately preceding chairman.
17 b. The commission shall maintain minutes of all commission meetings.
18 The minutes of every meeting of the commission shall, as soon as possi-
19 ble after the meeting, be delivered, by and under the certification of
20 the secretary of the commission, to the governor of the state of New
21 Jersey and the governor of the state of New York.
22 c. No action taken by a commissioner at the meeting shall have force
23 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.
LBD07963-01-7
A. 2876 2
1 Jersey and New York state public holidays, after the minutes have been
2 delivered pursuant to this section, unless the governor of the state of
3 New Jersey and the governor of the state of New York approve the
4 minutes, or part thereof pertaining to that action, in writing, by
5 reciting the action approved, within this 10-day period.
6 d. The governor of the state of New Jersey and the governor of the
7 state of New York shall return the minutes to the commission, within the
8 10-day period described in paragraph c of this subdivision, either with
9 or without a veto of any action recited in the minutes taken. If the
10 governor of the state of New Jersey and the governor of the state of New
11 York do not return the minutes within this 10-day period, they shall be
12 deemed to have approved the action taken by the commissioners, and such
13 action shall have the force and effect as recited in the minutes,
14 according to the wording thereof.
15 e. If the governor of the state of New Jersey or the governor of the
16 state of New York, within the 10-day period described in paragraph c of
17 this subdivision, returns the minutes to the commission with a veto
18 against an action taken at a meeting, that action shall be null and void
19 and of no effect.
20 § 2. Subdivisions 5, 7 and 11 of article IV of section 1 of part I of
21 chapter 882 of the laws of 1953, constituting the waterfront and airport
22 commission act, are amended to read as follows:
23 5. To appoint such officers, agents and employees as it may deem
24 necessary, prescribe their powers, duties and qualifications and fix
25 their compensation and, subject to the approval of the governors in both
26 states, retain and employ counsel and private consultants on a contract
27 basis or otherwise;
28 7. To make and enforce such rules and regulations as the commission
29 may deem necessary to effectuate the purposes of this compact or to
30 prevent the circumvention or evasion thereof, to be effective upon
31 approval by the governors of both states and publication in the manner
32 which the commission shall prescribe and upon filing in the office of
33 the secretary of state of each state. A certified copy of any such
34 rules and regulations, attested as true and correct by the commission,
35 shall be presumptive evidence of the regular making, adoption, approval
36 and publication thereof;
37 11. [To] Under the oversight of the governors of both states, to make
38 investigations, collect and compile information concerning waterfront
39 practices generally within the port of New York district and upon all
40 matters relating to the accomplishment of the objectives of this
41 compact;
42 § 3. Subdivision 2 of article VI of section 1 of part I of chapter 882
43 of the laws of 1953, constituting the waterfront and airport commission
44 act, is amended to read as follows:
45 2. Any person intending to act as a stevedore within the port of New
46 York district shall file in the office of the commission a written
47 application for a license to engage in such occupation, duly signed and
48 verified as follows:
49 (a) If the applicant is a natural person, the application shall be
50 signed and verified by such person and if the applicant is a partner-
51 ship, the application shall be signed and verified by each natural
52 person composing or intending to compose such partnership. The applica-
53 tion shall state the full name, age, residence, business address [(if
54 any)], if any, present and previous occupations of each natural person
55 so signing the same, and any other facts and evidence as may be required
A. 2876 3
1 by the commission to ascertain the character, integrity and identity of
2 each natural person so signing such application.
3 (b) If the applicant is a corporation, the application shall be signed
4 and verified by the president, secretary and treasurer thereof, and
5 shall specify the name of the corporation, the date and place of its
6 incorporation, the location of its principal place of business, the
7 names and addresses of, and the amount of the stock held by stockholders
8 owning 5 per cent or more of any of the stock thereof, and of all offi-
9 cers (including all members of the board of directors). The require-
10 ments of [subdivision] paragraph (a) of this [section] subdivision as to
11 a natural person who is a member of a partnership, and such requirements
12 as may be specified in rules and regulations promulgated by the commis-
13 sion, upon approval of the governors of both states, shall apply to each
14 such officer or stockholder and their successors in office or interest
15 as the case may be.
16 In the event of the death, resignation or removal of any officer, and
17 in the event of any change in the list of stockholders who shall own
18 five per cent or more of the stock of the corporation, the secretary of
19 such corporation shall forthwith give notice of that fact in writing to
20 the commission, certified by said secretary.
21 § 4. Subdivision 3 of article XII of section 1 of part I of chapter
22 882 of the laws of 1953, constituting the waterfront and airport commis-
23 sion act, is amended to read as follows:
24 3. Every employer of longshoremen or port watchmen within the port of
25 New York district shall furnish such information as may be required by
26 the rules and regulations prescribed by the commission, subject to the
27 approval of the governors of both states, with regard to the name of
28 each person hired as a longshoreman or port watchman, the time and place
29 of hiring, the time, place and hours of work, and the compensation
30 therefor.
31 § 5. Subdivision 5 of article XIII of section 1 of part I of chapter
32 882 of the laws of 1953, constituting the waterfront and airport commis-
33 sion act, is amended to read as follows:
34 5. The commission may provide by regulation approved by the governors
35 of both states for the collection and auditing of assessments. Such
36 assessments hereunder shall be payable pursuant to such provisions for
37 administration, collection and enforcement as the states may provide by
38 concurrent legislation. In addition to any other sanction provided by
39 law, the commission may revoke or suspend any license held by any person
40 under this compact, or his privilege of employing persons registered or
41 licensed hereunder, for non-payment of any assessment when due.
42 § 6. Paragraph 7 of subdivision A of section 2 of part II of chapter
43 882 of the laws of 1953, constituting the waterfront and airport commis-
44 sion act, is amended to read as follows:
45 7. In addition to any other powers authorized hereunder, the commis-
46 sion shall have power to make reasonable rules and regulations, subject
47 to the approval of the governors of both states, to effectuate the
48 purposes of this section.
49 § 7. Paragraph 11 of subdivision A of section 2 of part II of chapter
50 882 of the laws of 1953, constituting the waterfront and airport commis-
51 sion act, is REPEALED.
52 § 8. Subdivisions 2 and 3 of article III of section 10 of part IV of
53 chapter 882 of the laws of 1953, constituting the waterfront and airport
54 commission act, as added by chapter 951 of the laws of 1970, are amended
55 to read as follows:
A. 2876 4
1 2. To establish such divisions and departments within the commission
2 as the commission may deem necessary and to appoint such officers,
3 agents and employees as it may deem necessary, prescribe their powers,
4 duties and qualifications and fix their compensation and, subject to the
5 approval of the governors of both states, retain and employ counsel and
6 private consultants on a contract basis or otherwise;
7 3. To make and enforce such rules and regulations, subject to the
8 approval of the governors of both states, as the commission may deem
9 necessary to effectuate the purposes of this compact or to prevent the
10 circumvention or evasion thereof including, but not limited to, rules
11 and regulations [(which], which shall be applicable to any person
12 licensed by the commission, his employer, or any other person within an
13 [airport)] airport, to provide for the maximum protection of air
14 freight, such as checking and custodial accounting, guarding, storing,
15 fencing, gatehouses, access to air freight, air freight loss reports,
16 and any other requirements which the commission in its discretion may
17 deem to be necessary and appropriate to provide such maximum protection.
18 The rules and regulations of the commission shall be effective upon
19 publication in the manner which the commission shall prescribe and upon
20 filing in the office of the secretary of state of each state. A certi-
21 fied copy of any such rules and regulations, attested as true and
22 correct by the commission, shall be presumptive evidence of the regular
23 making, adoption, approval and publication thereof;
24 § 9. Paragraph (b) of subdivision 2 of article V of section 10 of part
25 IV of chapter 882 of the laws of 1953, constituting the waterfront and
26 airport commission act, as added by chapter 951 of the laws of 1970, is
27 amended to read as follows:
28 (b) If the applicant is a corporation, the application shall be signed
29 and verified by the president, secretary and treasurer thereof, and
30 shall specify the name of the corporation, the date and place of its
31 incorporation, the location of its principal place of business, the
32 names and addresses of, and the amount of the stock held by stockholders
33 owning ten per cent or more of any of the stock thereof, and of all the
34 officers (including all members of the board of directors). The
35 requirements of subdivision (a) of this section as to a natural person
36 who is a member of a partnership, and such requirements as may be speci-
37 fied in rules and regulations promulgated by the commission, subject to
38 the approval of the governors of both states, shall apply to each such
39 officer or stockholder and their successors in office or interest as the
40 case may be.
41 § 10. Subdivision 15 of article VIII of section 10 of part IV of chap-
42 ter 882 of the laws of 1953, constituting the waterfront and airport
43 commission act, as added by chapter 951 of the laws of 1970, is amended
44 to read as follows:
45 15. In addition to any other powers authorized hereunder, the commis-
46 sion shall have power to make reasonable rules and regulations, subject
47 to the approval of the governors of both states, to effectuate the
48 purposes of this article.
49 § 11. Subdivision 19 of article VIII of section 10 of part IV of chap-
50 ter 882 of the laws of 1953, constituting the waterfront and airport
51 commission act, as added by chapter 951 of the laws of 1970, is amended
52 to read as follows:
53 19. The accounts, books and records of the commission, including its
54 receipts, disbursements, contracts, leases, investments and any other
55 matters relating to its financial standing shall be examined and audited
56 annually by independent auditors to be retained for such purpose by the
A. 2876 5
1 commission. No independent auditor shall be retained without the
2 approval of the governors of both states.
3 § 12. The governor is authorized to enter into a supplemental compact
4 or agreement, on behalf of the state of New York, with the state of New
5 Jersey, amending the waterfront and airport commission act.
6 § 13. This act shall take effect upon the enactment into law by the
7 state of New Jersey of legislation having a substantially similar effect
8 with this act, but if the state of New Jersey shall have already enacted
9 such legislation, then it shall take effect immediately and shall have
10 been in full force and effect on October 1, 2010; provided, this shall
11 not be construed to interfere with, or impair any vested right or obli-
12 gation under any contract prior to enactment; provided further that the
13 waterfront and airport commission shall notify the legislative bill
14 drafting commission upon the occurrence of the enactment of the legis-
15 lation provided for in sections one through twelve of this act in order
16 that the commission may maintain an accurate and timely effective data
17 base of the official text of laws of the state of New York in further-
18 ance of effecting the provisions of section 44 of the legislative law
19 and section 70-b of the public officers law.
