A01394 Summary:

BILL NOA01394
 
SAME ASNo Same As
 
SPONSORZebrowski (MS)
 
COSPNSRGalef, Gunther, Titone, Hevesi, Montesano
 
MLTSPNSRMagee, Simotas, Thiele
 
 
Restricts certain benefits for employees of the New York and New Jersey Port Authority.
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A01394 Actions:

BILL NOA01394
 
01/12/2017referred to corporations, authorities and commissions
01/03/2018referred to corporations, authorities and commissions
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A01394 Committee Votes:

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A01394 Floor Votes:

There are no votes for this bill in this legislative session.
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A01394 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1394
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. a. The Port Authority of New York and New Jersey, including
     2  any of its subsidiary corporations, shall not compensate any commission-
     3  er, officer, or employee in the form of an  allowance  or  reimbursement
     4  for  expenses related to the use of a vehicle that is procured by or for
     5  the commissioner, officer, or employee primarily for personal use or for
     6  the purpose of commuting between home and work.
     7    b. No current or former commissioner, officer, or employee of the port
     8  authority, or of any of its subsidiary  corporations,  shall  be  exempt
     9  from payment of any toll relating to the person's use of a port authori-
    10  ty toll bridge or toll road, or of any fare relating to the person's use
    11  of  the  transportation  services  of  the  port authority, and the port
    12  authority, including any  of  its  subsidiary  corporations,  shall  not
    13  compensate any such commissioner, officer, or employee in the form of an
    14  allowance  or  reimbursement for payment of any such toll or fare or for
    15  payment of any other expenses for commuting between home and work or for
    16  travel not directly related to the public business of the port  authori-
    17  ty.
    18    c.  The port authority shall not provide to any commissioner, officer,
    19  or employee of the port authority, or of any of  its  subsidiary  corpo-
    20  rations,  a  driver  whose assigned full-time or part-time duties are to
    21  operate any motor vehicle in which the commissioner, officer, or employ-
    22  ee, or an immediate family member of a commissioner, officer, or employ-
    23  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
 
     1  assigned also to provide for the security of the commissioner,  officer,
     2  or employee when the need for such security has been documented. For the
     3  purposes of this subsection, "immediate family member" of a person means
     4  the  person's  spouse  and  any  parent, child, or sibling of the person
     5  residing in the same household as the person.
     6    d. The port authority, including any of its  subsidiary  corporations,
     7  shall  not compensate any commissioner, officer, or employee in the form
     8  of an allowance or reimbursement for the cost  of  overnight  travel  on
     9  behalf of the port authority or for purposes of conducting port authori-
    10  ty  business unless such travel arrangements and the pertinent itinerary
    11  shall first have been approved in writing by the port authority  commis-
    12  sioners  at  a  public  meeting; provided, however, that this subsection
    13  shall not be construed to prohibit the reimbursement of any  commission-
    14  er,  officer,  or  employee for the cost of overnight travel in emergent
    15  situations relating to the port authority's business. Any  payment  made
    16  for  travel expenses in accordance with this subsection shall be made as
    17  a reimbursement for allowable expenses, and such reimbursement shall  be
    18  made after the date of travel.
    19    e.  The  port authority, including any of its subsidiary corporations,
    20  shall not extend to any commissioner, officer, or  employee  a  personal
    21  line  of  credit or any other form of credit agreement unless the use of
    22  credit is directly related and essential to  the  performance  of  those
    23  official  duties of the commissioner, officer, or employee as documented
    24  in writing, that concern  the  maintenance  of  security  for  specified
    25  persons or property, law enforcement, inspections or audits of regulated
    26  facilities,  entities, or persons, or the health, safety, and welfare of
    27  members of the public.
    28    f. No commissioner, officer, or employee of the port authority  or  of
    29  any or of its subsidiary corporations shall receive any personal expense
    30  allowance, or be authorized to charge any contingent fund or account for
    31  personal  or  official  expenses  except where such allowance or fund is
    32  expressly provided for by statute or legislative appropriation.
    33    g. No commissioner, officer, or employee of the port authority  or  of
    34  any  of its subsidiary corporations shall receive an allowance, stipend,
    35  subsidy, reimbursement, or other  form  of  payment  for  the  purchase,
    36  lease,  or  maintenance  of  a  residence,  and no such individual shall
    37  accept use of a residence owned or leased by the port authority  or  any
    38  of  its subsidiary corporations for any purpose not directly related and
    39  essential to the performance of those official duties of the officer  or
    40  employee,  as  documented  in  writing,  that concern the maintenance of
    41  security for specified persons or  property,  law  enforcement,  or  the
    42  health, safety, and welfare of members of the public.
    43    h.  The  port authority shall not reimburse any officer or employee of
    44  the port authority or of any of its subsidiary corporations for  attend-
    45  ance  of  courses  at  an institution of higher education unless (1) the
    46  course is taken at an accredited public institution of higher  education
    47  in New York or New Jersey, including a county college, (2) the course is
    48  directly  related  to  the  skills and knowledge required for the duties
    49  being performed by the officer or employee, or required for the perform-
    50  ance of the duties of a position to which the officer  or  employee  may
    51  directly  be  promoted from the current position, and (3) the officer or
    52  employee agrees to remain an officer or employee for  five  years  after
    53  the final tuition reimbursement is made. The amount of any reimbursement
    54  hereunder  shall  be limited to 50 percent of the tuition for the course
    55  attended. If the officer or employee  does  not  remain  an  officer  or
    56  employee  of  the port authority for that period of time, the officer or

        A. 1394                             3

     1  employee shall be required to pay the port  authority  for  all  tuition
     2  reimbursements  made.  If  the officer or employee does not maintain a C
     3  average or its equivalent for courses attended, the officer or  employee
     4  shall  not receive payment or reimbursement for tuition. This subsection
     5  shall not apply to tuition reimbursement for a course  or  program  that
     6  provides  a  certification  of  a  skill  or understanding sufficient to
     7  perform or assess a particular  technological,  mechanical,  industrial,
     8  operational,  accounting,  or construction process or function, and that
     9  certification is required for holding that office or employment.
    10    § 2. a. No commissioner, officer, or employee of the Port Authority of
    11  New York and New Jersey, or any of its  subsidiary  corporations,  shall
    12  solicit,  receive  or  agree to receive, whether directly or indirectly,
    13  any compensation, reward,  employment,  gift,  honorarium,  out-of-state
    14  travel  or  subsistence  expense or other thing of value from any source
    15  other than the port authority, for providing  any  service,  advice,  or
    16  assistance,  making  any  appearance  or speech, or performing any other
    17  action related to the official duties of the commissioner,  officer,  or
    18  employee,  or  under  any  other  circumstance which could reasonably be
    19  expected to influence, or which may be  reasonably  perceived  as  being
    20  expected  to  influence, the manner in which a commissioner, officer, or
    21  employee conducts the public business of the  port  authority;  provided
    22  however, that a commissioner, officer, or employee may be compensated by
    23  any  party  for any written publication of the commissioner, officer, or
    24  employee relating to, or concerning that commissioner's,  officer's,  or
    25  employee's employment or service with the port authority.
    26    b.  No  commissioner,  officer, or employee having had decision-making
    27  authority or responsibility with regard to any port  authority  or  port
    28  authority  subsidiary  corporation  shall accept or engage in employment
    29  with any professional service provider, vendor, or independent  contrac-
    30  tor  of  the  port  authority for a period of two years after the termi-
    31  nation of such employment with the  port  authority  or  port  authority
    32  subsidiary corporation.
    33    c.  No  port  authority  commissioner,  officer,  or employee, or port
    34  authority subsidiary corporation employee,  shall  solicit,  receive  or
    35  agree  to  receive,  whether directly or indirectly, any ticket or other
    36  form of admission to any place of entertainment that is provided free of
    37  charge or at a discounted rate by the sponsor, promoter,  performer,  or
    38  operator  of  the  event  or entertainment venue unless the same free or
    39  reduced admission is available to (1) the public; (2) a class consisting
    40  of all officers or employees of New York or New Jersey  state  agencies,
    41  as  appropriate,  whether  or  not restricted on the basis of geographic
    42  consideration; (3) all members of a group or class in  which  membership
    43  is  unrelated to port authority service; (4) all members of an organiza-
    44  tion, such as an employees' association or state or other public  entity
    45  credit  union, in which membership is related to port authority service;
    46  or (5) a group or class that is not defined in  a  manner  that  specif-
    47  ically discriminates among state or port authority officers or employees
    48  on  the basis of branch of government or type of responsibility, or on a
    49  basis that favors  those  of  higher  rank  or  rate  of  pay.  Free  or
    50  discounted  admission available to the member of the immediate family of
    51  a commissioner, officer, or employee shall be treated  as  available  to
    52  the officer, employee, or member for the purposes of this subsection.
    53    d.  As  used in this subsection, "immediate family member" of a person
    54  means the person's spouse and any  parent,  child,  or  sibling  of  the
    55  person  residing  in  the  same  household  as the person; and "place of
    56  entertainment" means any privately or publicly owned and operated enter-

        A. 1394                             4
 
     1  tainment facility within or outside of the states of  New  York  or  New
     2  Jersey,  such  as  a theater, stadium, museum, arena, racetrack or other
     3  place where performances, concerts, exhibits, games or contests are held
     4  and for which an entry fee is charged.
     5    §  3. Any commissioner, officer, or employee of the port authority, or
     6  any of its subsidiary corporations who willfully engages in conduct,  or
     7  upon whom a benefit is conferred, in violation of the provisions of this
     8  act  shall  be subject to removal from office or employment and shall be
     9  fined not less than $500 nor more than $10,000,  which  penalty  may  be
    10  collected  in  a summary proceeding pursuant to the laws of the state in
    11  which the commissioner, officer, or employee is  employed  by  the  port
    12  authority or a port authority subsidiary corporation.
    13    §  4.  This  act  shall take effect upon the enactment into law by the
    14  state of New Jersey of legislation having an identical effect with  this
    15  act,  but  if  the  state  of New Jersey shall have already enacted such
    16  legislation, this act shall take effect immediately; provided  that  the
    17  state  of  New Jersey shall notify the legislative bill drafting commis-
    18  sion upon the occurrence of the enactment of  the  legislation  provided
    19  for in section one of this act in order that the commission may maintain
    20  an  accurate  and timely effective data base of the official text of the
    21  laws of the state  of  New  York  in  furtherance  of  effectuating  the
    22  provisions  of section 44 of the legislative law and section 70-b of the
    23  public officers law.
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