NY State Senate Bill 2013-S6863

Senate Bill S6863

2013-2014 Legislative Session

Relates to the composition of the port authority of New York and New Jersey and disclosure of certain information

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2014	referred to corporations, authorities and commissions

2013-S6863 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Port Authority of New York and New Jersey
Laws Affected:: Amd Arts XIV, IV & VII-A, §1 of Chap 154 of 1921

2013-S6863 (ACTIVE) - Summary

Relates to the composition of the port authority of New York and New Jersey and disclosure of certain information, including conflicts of interest of commissioner candidates and posting minutes of meetings on the authority's website.

2013-S6863 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6863

TITLE OF BILL:  An act to amend chapter 154 of the laws of 1921
relating to the port authority of New York and New Jersey, in relation
to the composition of the port authority of New York and New Jersey
and disclosure of certain information

PURPOSE OR GENERAL IDEA OF BILL:

This bill will depoliticize the port authority by setting term limits
for board members and ensuring that members are appointed according to
their professional qualifications and experience. This bill will also
allow the Executive Director of the Authority to appoint his own
Deputy Executive Director. Along with changes to term limits and
appointments, this bill will make the Authority more transparent by
making key information about board members, including potential
conflicts of interest, publicly available the Authority's website.

SUMMARY OF SPECIFIC PROVISIONS:

Amends § 14(1) of chapter 154 of the laws of 1921; ----

Section 1 of article XIV would amend would establish the port
authority to elect a chairman, vice-chair-man and appoint officers
from within its ranks and enable the deputy executive director to be
appointed by the executive director.

Section 2 and 3 of article IV creates a board of 12 commissioners six
residents of New York and six residents of New Jersey with four being
citizens of New York City and four from the New Jersey portion of the
district with each chosen by their respective state for a term of five
years. Each commissioner will also be selected based on qualifications
and knowledge of the port authority while any conflict of interest
shall be posted on the authority's website no less than one month
prior to appointment or two week in the case of filling a vacancy.
Conflicts of interest will also be presented to all groups involved in
making such appointments.

Section 1 and 3 of article VII-A establishes the means to file a copy
of the minutes taken at a public meeting with the temporary president
and minority leader of the senate and the speaker and minority leader
of the assembly, the chairman of the assembly ways and means committee
and the chairman of the senate finance committee of the state of New
York and the president, minority leader and secretary of the senate
and the speaker, minority leader and clerk of the general assembly of
the state of New Jersey as well as same day filing provided to each
state's governor.

Section 4 of article VII-A also puts into effect a severability clause
which states if any clause, sentence, paragraph, subdivision, section
or part of this act shall be adjudged invalid, such judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph,
subdivision, section or part thereof directly involved n the
controversy in which such judgment shall have been rendered.

JUSTIFICATION:


The Port Authority is an important entity and its decisions impact
millions of people. By setting a fixed, single term of 5 years, board
members can make decisions with the best interest of the Port
Authority in mind, rather than with a focus on maintaining their
appointment or reappointment to a second term. Through the appointment
of commissioners in accordance to their qualifications and experience,
the process is depoliticized. The publishing of minutes from public
meetings will create a more transparent system which will in turn
provide better insight into the workings of the authority.

PRIOR LEGISLATIVE HISTORY:

New bill.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S6863 (ACTIVE) - Bill Text download pdf

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

                                  6863

                            I N  S E N A T E

                             March 20, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and Commissions

AN ACT to amend chapter 154 of the laws of 1921  relating  to  the  port
  authority  of  New York and New Jersey, in relation to the composition
  of the port authority of New York and New  Jersey  and  disclosure  of
  certain information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article XIV of section 1 of chapter 154 of the laws of 1921
relating to the port authority of New York and New Jersey is amended  to
read as follows:
                               ARTICLE XIV.
  The port authority shall elect from its number a chairman, vice-chair-
man,  and  may appoint such officers and employees as it may require for
the performance of its duties, and shall fix and determine their  quali-
fications  and  duties. THE DEPUTY EXECUTIVE DIRECTOR SHALL BE APPOINTED
BY THE EXECUTIVE DIRECTOR.
  S 2. Article IV of section 1 of chapter 154 of the laws of 1921 relat-
ing to the port authority of New York and  New  Jersey,  as  amended  by
chapter 419 of the laws of 1930, is amended to read as follows:
                               ARTICLE IV
  1. The port authority shall consist of twelve commissioners, six resi-
dent  voters  from the state of New York, at least four of whom shall be
resident voters of the city of New York, and six  resident  voters  from
the  state of New Jersey, at least four of whom shall be resident voters
within the New Jersey portion of the district, the New York  members  to
be  chosen  by  the  state of New York and the New Jersey members by the
state of New Jersey FOR ONE TERM OF FIVE YEARS in the  manner  [and  for
the  terms  fixed and] determined [from time to time] by the legislature
of each state respectively, except as herein provided. EACH COMMISSIONER
SHALL BE APPOINTED ON THE BASIS OF THEIR PROFESSIONAL QUALIFICATIONS AND
KNOWLEDGE OF THE PORT AUTHORITY. Each commissioner  may  be  removed  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14130-01-4

S. 6863                             2

suspended  from office as provided by the law of the state from which he
shall be appointed.
  2. PRIOR TO THE APPOINTMENT OF A COMMISSIONER, ALL POTENTIAL CONFLICTS
OF  INTEREST  SHALL  BE  POSTED  ON THE AUTHORITY'S WEBSITE AT LEAST ONE
MONTH PRIOR TO A CANDIDATE'S APPOINTMENT  OR  TWO  WEEKS  IF  FILLING  A
VACANCY.  CONFLICTS  SHALL  BE  PRESENTED TO THE TEMPORARY PRESIDENT AND
MINORITY LEADER OF THE SENATE AND THE SPEAKER AND MINORITY LEADER OF THE
ASSEMBLY, THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND  THE
CHAIRMAN  OF  THE  SENATE FINANCE COMMITTEE OF THE STATE OF NEW YORK AND
THE PRESIDENT, MINORITY LEADER AND  SECRETARY  OF  THE  SENATE  AND  THE
SPEAKER,  MINORITY LEADER AND CLERK OF THE GENERAL ASSEMBLY OF THE STATE
OF NEW JERSEY.
  S 3. Article VII-A of section 1 of chapter 154 of  the  laws  of  1921
relating  to  the port authority of New York and New Jersey, as added by
chapter 33 of the laws of 1987, is amended to read as follows:
                              ARTICLE VII-A
  1. The port authority shall file  with  the  temporary  president  and
minority leader of the senate and the speaker and minority leader of the
assembly,  the chairman of the assembly ways and means committee and the
chairman of the senate finance committee of the state of  New  York  and
the  president,  minority  leader  and  secretary  of the senate and the
speaker, minority leader and clerk of the general assembly of the  state
of  New  Jersey  a copy of the minutes of any action taken at any public
meeting of the port authority. Such filing shall be made on the same day
such minutes are transmitted to the governor of each state  for  review;
and  notice  of  such  filing  shall be provided to the governor of each
state at the same time. Failure to effectuate any such filing shall  not
impair  the  ability of the authority to act pursuant to a resolution of
its board. Such filing shall not apply to any  minutes  required  to  be
filed pursuant to section twenty of chapter six hundred fifty-one of the
laws of nineteen hundred seventy-eight.
  2.  The  temporary  president  and  minority leader of the senate, the
speaker and minority leader of the assembly, the chairman of the  assem-
bly  ways  and  means  committee  and the chairman of the senate finance
committee of the state of New York and the speaker and  minority  leader
of the general assembly and the president and the minority leader of the
senate of the state of New Jersey, or representatives designated by them
in writing for this purpose, may by certificate filed with the secretary
of  the  port  authority  waive  the  foregoing  filing requirement with
respect to any specific minutes.
  3. A COPY OF THE MINUTES OF ANY ACTION TAKEN AT ANY PUBLIC MEETING  OF
THE  PORT  AUTHORITY  SHALL  BE POSTED ON THE AUTHORITY'S WEBSITE ON THE
SAME DAY SUCH MINUTES ARE TRANSMITTED TO THE GOVERNOR AND LEGISLATURE OF
THE STATE OF NEW YORK AND THE STATE OF NEW JERSEY.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  5.  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

S. 6863                             3

legislation this act shall take effect immediately;  provided,  however,
that  the amendments to article VII-A of chapter 154 of the laws of 1921
made by section three of this act shall take effect on the same date and
in the same manner as section 1 of chapter 33 of the laws of 1987, takes
effect.  The chairman of the port authority shall notify the legislative
bill drafting commission upon the enactment into law of such legislation
by both such states in order that the commission may maintain  an  accu-
rate  and timely effective data base of the official text of the laws of
the state of New York in  furtherance  of  effecting  the  provision  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.

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