S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7413
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 11, 2015
                                      ___________
       Introduced  by  M.  of  A. BRENNAN, BUCHWALD, CUSICK, GOTTFRIED, JAFFEE,
         ROSENTHAL, SILVER, TITONE -- Multi-Sponsored by -- M. of  A.  BORELLI,
         COOK,  DAVILA,  ENGLEBRIGHT, GARBARINO, GLICK, HEVESI, LAVINE, MARKEY,
         MONTESANO, RAIA, RIVERA, SOLAGES, THIELE -- read once and referred  to
         the Committee on Corporations, Authorities and Commissions
       AN  ACT  to  repeal chapter 154 of the laws of 1921 relating to the port
         authority of New York and New Jersey; to repeal chapter 43 of the laws
         1922 relating to the development of the port of New  York;  to  repeal
         chapter  47 of the laws of 1931 relating to bridges and tunnels in New
         York and New Jersey; to repeal chapter 882 of the laws of 1953  relat-
         ing  to  waterfront employment and air freight industry regulation; to
         repeal chapter 700 of the laws of 1927 relating to the veto  power  of
         the  governor; to repeal chapter 48 of the laws of 1931 regulating the
         use of revenues received by the port of New York authority from or  in
         connection  with  the operation of terminal and transportation facili-
         ties relating thereto; to repeal chapter  553  of  the  laws  of  1931
         relating  to payment of a fair and reasonable sum by the port authori-
         ty; to repeal chapter 876 of the laws of 1935 relating to the  payment
         of  a fair and reasonable sum for a change in grade; to repeal chapter
         203 of the laws of 1938 relating to the sale of real property acquired
         by the port authority; to repeal chapter  163  of  the  laws  of  1945
         relating  to  motor truck terminals; to repeal chapter 352 of the laws
         of 1946 relating to monies for preliminary studies upon the interstate
         vehicular bridges known as  the  Outerbridge  crossing,  the  Goethals
         bridge  and  the  Bayonne bridge; to repeal chapter 443 of the laws of
         1946 relating to the financing and effectuating of a motor bus  termi-
         nal  by  the port authority; to repeal chapter 631 of the laws of 1947
         relating to the development of marine terminals by the port authority;
         to repeal chapter 802 of the laws of 1947 relating to the financing of
         air terminals by the port authority; to repeal chapter 819 of the laws
         of 1947 relating to the port authority's ability to exercise the right
         of eminent domain; to repeal chapter 301 of the laws of 1950  relating
         to suits against the port authority; to repeal chapter 774 of the laws
         of  1950  relating  to  the rules and regulations governing traffic on
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06925-06-5
       A. 7413                             2
         vehicular crossings operated by the port authority; to repeal  chapter
         206  of  the  laws of 1951 relating to traffic regulations for air and
         marine terminals; to repeal chapter 207 of the laws of  1951  relating
         to penalties for violation of rules and regulations; to repeal chapter
         142  of  the  laws of 1953 relating to smoking regulations for air and
         marine terminals; to repeal chapter 143 of the laws of  1953  relating
         to  suits on leases at International Airport; to repeal chapter 808 of
         the laws of 1955, relating to the Narrows bridge;  to  repeal  chapter
         444  of  the laws of 1956 relating to New Jersey turnpike connections;
         to repeal chapter 638 of the laws of 1959, relating to  the  purchase,
         financing and rental of commuter railroad cars by the port of New York
         authority and agreeing with the state of New Jersey with respect ther-
         eto;  to  repeal  chapter  209  of  the  laws of 1962, relating to the
         financing and effectuation by the port of New York authority of a port
         development project, consisting of the Hudson tubes, the Hudson  tubes
         extensions and a world trade center; to repeal chapter 665 of the laws
         of 1964, relating to the operation within the state of New York of the
         Hudson tubes and the Hudson tubes extensions; to repeal chapter 474 of
         the  laws  of  1971,  relating to the authorization of the port of New
         York authority to provide access by mass transportation facilities  to
         air  terminals; to repeal chapter 651 of the laws of 1978, relating to
         the further coordination, facilitation,  promotion,  preservation  and
         protection  of  trade and commerce in and through the port of New York
         district through the financing and effectuation of industrial develop-
         ment projects therein by the  port  authority  of  New  York  and  New
         Jersey,  and agreeing with the state of New Jersey with respect there-
         to; to repeal chapter 12 of the laws of 1979, relating to the acquisi-
         tion, development, financing and transfer of buses and related facili-
         ties by the port  authority  of  New  York  and  New  Jersey  and  the
         utilization  thereof; and relating to constituting chapter 40-A of the
         consolidated laws, in relation to the port authority of New  York  and
         New Jersey
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Chapter 154 of the laws of 1921, constituting the  Port  of
    2  New York Authority, is REPEALED.
    3    S 2. Chapter 43 of the laws of 1922 relating to the development of the
    4  port of New York is REPEALED.
    5    S 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
    6  New York and New Jersey is REPEALED.
    7    S 4. Chapter 882 of the laws of 1953 relating to waterfront employment
    8  and air freight industry regulation is REPEALED.
    9    S 5. Chapter 700 of the laws of 1927 relating to the veto power of the
   10  governor is REPEALED.
   11    S  6.  Chapter  48  of the laws of 1931 regulating the use of revenues
   12  received by the port of New York authority from or  in  connection  with
   13  the operation of terminal and transportation facilities is REPEALED.
   14    S 7. Chapter 553 of the laws of 1931 relating to the payment of a fair
   15  and reasonable sum by the port authority is REPEALED.
   16    S 8. Chapter 876 of the laws of 1935 relating to the payment of a fair
   17  and reasonable sum for a change in grade is REPEALED.
   18    S  9.  Chapter  203  of  the laws of 1938 relating to the sale of real
   19  property acquired by the port authority is REPEALED.
       A. 7413                             3
    1    S 10. Chapter 163 of the laws of 1945 relating to motor  truck  termi-
    2  nals is REPEALED.
    3    S  11. Chapter 352 of the laws of 1946 relating to monies for prelimi-
    4  nary studies upon the interstate vehicular bridges known as  the  Outer-
    5  bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
    6    S  12.  Chapter  443 of the laws of 1946 relating to the financing and
    7  effectuating of a motor bus terminal by the port authority is REPEALED.
    8    S 13. Chapter 631 of the laws of 1947 relating to the  development  of
    9  marine terminals by the port authority is REPEALED.
   10    S 14. Chapter 802 of the laws of 1947 relating to the financing of air
   11  terminals by the port authority is REPEALED.
   12    S 15. Chapter 819 of the laws of 1947 relating to the port authority's
   13  ability to exercise the right of eminent domain is REPEALED.
   14    S  16.  Chapter  301 of the laws of 1950 relating to suits against the
   15  port authority is REPEALED.
   16    S 17. Chapter 774 of the laws of 1950 relating to the rules and  regu-
   17  lations  governing  traffic  on vehicular crossings operated by the port
   18  authority is REPEALED.
   19    S 18. Chapter 206 of the laws of 1951, relating to traffic regulations
   20  for air and marine terminals, is REPEALED.
   21    S 19. Chapter 207 of the laws  of  1951,  relating  to  penalties  for
   22  violation of rules and regulations, is REPEALED.
   23    S 20. Chapter 142 of the laws of 1953, relating to smoking regulations
   24  for air and marine terminals, is REPEALED.
   25    S  21. Chapter 143 of the laws of 1953, relating to suits on leases at
   26  International Airport, is REPEALED.
   27    S 22. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
   28  is REPEALED.
   29    S 23. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
   30  connections, is REPEALED.
   31    S 24. Chapter 638 of the laws  of  1959,  relating  to  the  purchase,
   32  financing  and  rental of commuter railroad cars by the port of New York
   33  authority and agreeing with the state of New Jersey with respect  there-
   34  to, is REPEALED.
   35    S  25.  Chapter 209 of the laws of 1962, relating to the financing and
   36  effectuation by the port of New York authority  of  a  port  development
   37  project, consisting of the Hudson tubes, the Hudson tubes extensions and
   38  a world trade center, is REPEALED.
   39    S 26. Chapter 665 of the laws of 1964, relating to the operation with-
   40  in the state of New York of the Hudson tubes and the Hudson tubes exten-
   41  sions, is REPEALED.
   42    S  27.  Chapter 474 of the laws of 1971, relating to the authorization
   43  of the port of New York authority to provide access by mass  transporta-
   44  tion facilities to air terminals, is REPEALED.
   45    S 28. Chapter 651 of the laws of 1978, relating to the further coordi-
   46  nation,  facilitation,  promotion,  preservation and protection of trade
   47  and commerce in and through the port of New York  district  through  the
   48  financing and effectuation of industrial development projects therein by
   49  the  port  authority  of  New York and New Jersey, and agreeing with the
   50  state of New Jersey with respect thereto, is REPEALED.
   51    S 29. Chapter 12 of the laws of 1979,  relating  to  the  acquisition,
   52  development,  financing  and transfer of buses and related facilities by
   53  the port authority of New York and New Jersey and the utilization there-
   54  of, is REPEALED.
   55    S 30. Chapter 40-A of the  consolidated  laws  is  added  to  read  as
   56  follows:
       A. 7413                             4
    1                    CHAPTER 40-A OF THE CONSOLIDATED LAWS
    2                  PORT AUTHORITY OF NEW YORK AND NEW JERSEY
    3                                  ARTICLE I
    4                             GENERAL PROVISIONS
    5  Section 101. Short title.
    6          102. Legislative intent.
    7          103. Explanation of order of provisions.
    8          104. Definitions.
    9          105. Port authority of New York and New Jersey.
   10          106. Port of New York district.
   11          107. Commissioners.
   12          108. Power of the port authority.
   13          109. Public meetings.
   14          110. Minutes of public meetings.
   15          111. Jurisdiction.
   16          112. Powers of municipalities to develop or improve.
   17          113. Comprehensive development.
   18          114. Recommendations.
   19          115. Expense of operations.
   20          116. Records of the port authority.
   21          117. Port authority as an agency.
   22          118. Notice of claim.
   23          119. Regulations.
   24    S  101.  Short  title. This chapter shall be known and may be cited as
   25  the "port authority of New York and New Jersey act".
   26    S 102. Legislative intent.   William R. Willcox,  Eugenius  H.  Outer-
   27  bridge  and Murray Hulbert, or any two of them, commissioners heretofore
   28  appointed under chapter four hundred and twenty-six of the laws of nine-
   29  teen hundred and seventeen of the state of New York, together  with  the
   30  attorney-general  of  the  state  of  New York, are hereby authorized as
   31  commissioners upon the part of the state of New York to enter into, with
   32  the state of New Jersey, by and through the commissioners  appointed  or
   33  who  may  be appointed under or by virtue of a law of the legislature of
   34  the state of New Jersey, an agreement or compact in the form  following,
   35  that is to say:
   36    Whereas,  In  the  year eighteen hundred and thirty-four the states of
   37  New York and New Jersey did enter into an agreement fixing and determin-
   38  ing the rights and obligations of the two states in and about the waters
   39  between the two states, especially in and about the bay of New York  and
   40  the Hudson river; and
   41    Whereas,  Since  that  time  the  commerce of the port of New York has
   42  greatly developed and increased and the territory in and around the port
   43  has become commercially one center or district; and
   44    Whereas, It is confidently believed that a better co-ordination of the
   45  terminal, transportation and other facilities of commerce in, about  and
   46  through the port of New York, will result in great economies, benefiting
   47  the nation, as well as the states of New York and New Jersey; and
   48    Whereas,  The  future development of such terminal, transportation and
   49  other facilities of commerce will require the expenditure of large  sums
   50  of  money and the cordial co-operation of the states of New York and New
   51  Jersey in the encouragement of the investment of  capital,  and  in  the
   52  formulation and execution of the necessary physical plans; and
   53    Whereas, Such result can best be accomplished through the co-operation
   54  of the two states by and through a joint or common agency.
       A. 7413                             5
    1    Now,  therefore, the said states of New Jersey and New York do supple-
    2  ment and amend the existing agreement of eighteen  hundred  and  thirty-
    3  four in the following respects.
    4    They  agree to and pledge, each to the other, faithful co-operation in
    5  the future planning and development of the port of New York, holding  in
    6  high  trust  for  the  benefit  of  the nation the special blessings and
    7  natural advantages thereof.
    8    S 103. Explanation of order of provisions. In this port  authority  of
    9  New  York  and  New  Jersey  act,  the  provisions  have been divided in
   10  descending order of application, with illustrations, as follows:
   11    Article I
   12    Part I
   13    Section 101
   14    Subdivision 1.
   15    Paragraph (a)
   16    Subparagraph (1)
   17    Item (i)
   18    Clause A.
   19    S 104. Definitions.   The following terms  shall  have  the  following
   20  meanings unless otherwise provided:
   21    1.  "Board"  means the board of commissioners of the port authority of
   22  New York and New Jersey.
   23    2. "Consent, approval or recommendation of municipality" means wherev-
   24  er the consent,  approval  or  recommendation  of  a  "municipality"  is
   25  required,  the word "municipality" shall be taken to include any city or
   26  incorporated village within the port district, and in  addition  in  the
   27  state  of  New  Jersey  any  borough, town, township or any municipality
   28  governed by an improvement commission within the district. Such consent,
   29  approval or recommendation whenever required in the case of the city  of
   30  New  York  shall be deemed to have been given or made whenever the board
   31  of estimate and  apportionment  of  said  city  or  any  body  hereafter
   32  succeeding  to  its  duties  shall  by a majority vote pass a resolution
   33  expressing such consent, approval or recommendation; and in the case  of
   34  any municipality now or hereafter governed by a commission, whenever the
   35  commission thereof shall by majority vote pass such a resolution; and in
   36  all other cases whenever the body authorized to grant consent to the use
   37  of the streets or highways of such municipality shall by a majority vote
   38  pass such a resolution.
   39    3.  "Facility"  shall include all works, buildings, structures, appli-
   40  ances  and  appurtenances  necessary  and  convenient  for  the   proper
   41  construction,  equipment,  maintenance and operation of such facility or
   42  facilities or any one or more of them.
   43    4. "To lease" shall include to rent or to hire.
   44    5. "Meeting" means any gathering, whether corporeal  or  by  means  of
   45  communication  equipment,  which  is attended by, or open to, the board,
   46  held with the intent, on the part  of  the  board  members  present,  to
   47  discuss  or  act  as  a  unit  upon  the specific public business of the
   48  authority. "Meeting" does not mean a gathering (a) attended by less than
   49  an effective majority of the board, or (b) attended by or  open  to  all
   50  the  members  of  three or more similar public bodies at a convention or
   51  similar gathering.
   52    6. "Personal property" shall include choses in action  and  all  other
   53  property  now  commonly or legally defined as personal property or which
   54  may hereafter be so defined.
       A. 7413                             6
    1    7. "Public business" means matters which relate in any  way,  directly
    2  or indirectly, to the performance of the functions of the port authority
    3  of New York and New Jersey or the conduct of its business.
    4    8.  "Railroads"  shall  include railways, extensions thereof, tunnels,
    5  subways, bridges, elevated structures, tracks, poles,  wires,  conduits,
    6  power  houses,  substations,  lines  for the transmission of power, car-
    7  barns,  shops,  yards,  sidings,  turn-outs,  switches,   stations   and
    8  approaches thereto, cars and motive equipment.
    9    9. "Real property" shall include land under water, as well as uplands,
   10  and all property either now commonly or legally defined as real property
   11  or which may hereafter be so defined.
   12    10. "Rule or regulation", until and unless otherwise determined by the
   13  legislatures  of  both  states,  shall  mean  any rule or regulation not
   14  inconsistent with the constitution of the United  States  or  of  either
   15  state,  and,  subject  to the exercise of the power of congress, for the
   16  improvement of  the  conduct  of  navigation  and  commerce  within  the
   17  district,  and  shall  include charges, rates, rentals or tolls fixed or
   18  established by the port authority; and  until  otherwise  determined  as
   19  aforesaid,  shall  not  include  matters  relating  to  harbor  or river
   20  pollution. Wherever action by the legislature of either state is  herein
   21  referred  to,  it  shall  mean an act of the legislature duly adopted in
   22  accordance with the provisions of this chapter.
   23    11. "Transportation facility" shall include railroads, steam or  elec-
   24  tric, motor truck or other street or highway vehicles, tunnels, bridges,
   25  boats,  ferries, car-floats, lighters, tugs, floating elevators, barges,
   26  scows or harbor craft  of  any  kind,  air  craft  suitable  for  harbor
   27  service,  and  every kind of transportation facility now in use or here-
   28  after designed for use for the transportation or carriage of persons  or
   29  property.
   30    12.  "Terminal facility" shall include wharves, piers, slips, ferries,
   31  docks, dry docks,  bulkheads,  dock-walls,  basins,  car-floats,  float-
   32  bridges,  grain  or  other  storage elevators, warehouses, cold storage,
   33  tracks, yards, sheds, switches, connections,  overhead  appliances,  and
   34  every  kind  of  terminal  or  storage  facility now in use or hereafter
   35  designed for use for the handling,  storage,  loading  or  unloading  of
   36  freight at steamship, railroad or freight terminals.
   37    S  105.  Port  authority  of New York and New Jersey.  There is hereby
   38  continued "the port authority of New York and New Jersey" ("port author-
   39  ity"), which shall be a body corporate and politic,  having  the  powers
   40  and  jurisdiction  hereinafter enumerated, and such other and additional
   41  powers as shall be conferred upon it by the legislature of either  state
   42  concurred  in  by  the  legislature  of  the other, or by act or acts of
   43  congress, as hereinafter provided.
   44    S 106. Port of New York district.  To that end the two states do agree
   45  that there shall be created and they do hereby create a district  to  be
   46  known  as  the  "port  of New York district" (hereinafter referred to as
   47  "the district") which shall embrace the territory bounded and  described
   48  as follows:
   49    The district is included within the boundary lines located by connect-
   50  ing  points of known latitude and longitude. The approximate courses and
   51  distances of the  lines  enclosing  the  district  are  recited  in  the
   52  description, but the district is determined by drawing lines through the
   53  points  of known latitude and longitude. Beginning at a point A of lati-
   54  tude forty-one degrees and four minutes  north  and  longitude  seventy-
   55  three  degrees and fifty-six minutes west, said point being about sixty-
   56  five-hundredths of a mile west of the westerly bank of the Hudson  river
       A. 7413                             7
    1  and  about two and one-tenth miles northwest of the pier at Piermont, in
    2  the county of Rockland, state of New York;  thence  due  south  one  and
    3  fifteen-hundredths miles more or less to a point B of latitude forty-one
    4  degrees  and three minutes north and longitude seventy-three degrees and
    5  fifty-six minutes west; said point  being  about  one  and  three-tenths
    6  miles  northwest  of  the  pier  at Piermont, in the county of Rockland,
    7  state of New  York;  thence  south  fifty-six  degrees  and  thirty-four
    8  minutes west six and twenty-six-hundredths miles more or less to a point
    9  C  of  latitude  forty-one  degrees  and  no minutes north and longitude
   10  seventy-four degrees and  two  minutes  west,  said  point  being  about
   11  seven-tenths of a mile north of the railroad station at Westwood, in the
   12  county  of Bergen, state of New Jersey; thence south sixty-eight degrees
   13  and twenty-four minutes west nine and thirty-seven-hundredths miles more
   14  or less to a point D of latitude forty degrees and  fifty-seven  minutes
   15  north  and  longitude seventy-four degrees and twelve minutes west, said
   16  point being about three miles northwest of the business  center  of  the
   17  city  of Paterson, in the county of Passaic, state of New Jersey; thence
   18  south forty-seven degrees and seventeen minutes west eleven and  eighty-
   19  seven-hundredths  miles  more  or  less  to  a point E of latitude forty
   20  degrees and fifty minutes north and longitude seventy-four  degrees  and
   21  twenty-two  minutes  west,  said  point being about four and five-tenths
   22  miles west of the borough of Caldwell, in the county of Morris, state of
   23  New Jersey; thence due south nine and twenty-hundredths  miles  more  or
   24  less  to a point F of latitude forty degrees and forty-two minutes north
   25  and longitude seventy-four degrees and  twenty-two  minutes  west,  said
   26  point  being  about  one and two-tenths miles southwest of the passenger
   27  station of the Delaware, Lackawanna and Western railroad in the city  of
   28  Summit,  in  the  county  of  Union,  state  of New Jersey; thence south
   29  forty-two degrees and twenty-four minutes west, seven and seventy-eight-
   30  hundredths miles more or less to a point G of latitude forty degrees and
   31  thirty-seven minutes north and longitude seventy-four degrees and  twen-
   32  ty-eight  minutes  west, said point being about two and two-tenths miles
   33  west of the business center of the city of Plainfield, in the county  of
   34  Somerset,  state  of New Jersey; thence due south twelve and sixty-five-
   35  hundredths miles more or less on a line passing about one mile  west  of
   36  the  business  center of the city of New Brunswick to a point H of lati-
   37  tude forty degrees and twenty-six minutes north and  longitude  seventy-
   38  four  degrees and twenty-eight minutes west, said point being about four
   39  and five-tenths miles southwest of the city of  New  Brunswick,  in  the
   40  county  of  Middlesex,  state  of New Jersey; thence south seventy-seven
   41  degrees and forty-two minutes east ten and seventy-nine-hundredths miles
   42  more or less to a point I of  latitude  forty  degrees  and  twenty-four
   43  minutes  north  and  longitude  seventy-four degrees and sixteen minutes
   44  west, said point being about two miles southwest of the borough of Mata-
   45  wan, in the county of Middlesex, state of New Jersey;  thence  due  east
   46  twenty-five  and forty-eight-hundredths miles more or less, crossing the
   47  county of Monmouth, state of New Jersey, and passing about one and four-
   48  tenths miles south of the pier of the Central Railroad of New Jersey  at
   49  Atlantic  Highlands  to  a point J of latitude forty degrees and twenty-
   50  four minutes north and longitude seventy-three degrees  and  forty-seven
   51  minutes west, said point being in the Atlantic ocean; thence north elev-
   52  en  degrees  fifty-eight  minutes east twenty-one and sixteen-hundredths
   53  miles more or less to a point K, said point being about five miles  east
   54  of  the  passenger  station  of  the Long Island railroad at Jamaica and
   55  about one and three-tenths miles east of the boundary line of  the  city
   56  of  New  York,  in  the county of Nassau, state of New York; thence in a
       A. 7413                             8
    1  northeasterly direction passing about one-half mile  west  of  New  Hyde
    2  Park  and  about  one and one-tenth miles east of the shore of Manhasset
    3  bay at Port Washington, crossing Long Island sound to a  point  L,  said
    4  point  being  the point of intersection of the boundary line between the
    5  states of New York and Connecticut and  the  meridian  of  seventy-three
    6  degrees,  thirty-nine  minutes  and  thirty seconds west longitude, said
    7  point being also about a mile northeast of the village of Port  Chester;
    8  thence  northwesterly  along the boundary line between the states of New
    9  York and Connecticut to a point M, said point being the point of  inter-
   10  section  between  said  boundary line between the states of New York and
   11  Connecticut and the parallel of forty-one degrees and four minutes north
   12  latitude, said point also being about four and five-tenths miles  north-
   13  east of the business center of the city of White Plains; thence due west
   14  along  said  parallel, of forty-one degrees and four minutes north lati-
   15  tude, the line passing about two and one-half miles north of  the  busi-
   16  ness center of the city of White Plains and crossing the Hudson river to
   17  the point A, the place of beginning.
   18    The  boundaries  of  said district may be changed from time to time by
   19  the action of the legislature of either state concurred in by the legis-
   20  lature of the other.
   21    S 107. Commissioners.  1. The port authority shall consist  of  twelve
   22  commissioners,  six resident voters from the state of New York, at least
   23  four of whom shall be resident voters of the city of New York,  and  six
   24  resident  voters  from  the  state  of New Jersey, at least four of whom
   25  shall be resident voters within the New Jersey portion of the  district,
   26  the  New  York members to be chosen by the state of New York and the New
   27  Jersey members by the state of New Jersey in  the  manner  and  for  the
   28  terms  fixed and determined from time to time by the legislature of each
   29  state respectively, except as provided in this article. Each commission-
   30  er may be removed or suspended from office as provided by the law of the
   31  state from which he or she shall be appointed.
   32    2. The commissioners shall, for the purpose of doing business, consti-
   33  tute a board and may adopt suitable by-laws for its management.
   34    3. The port authority shall elect a chair, vice-chair, and may appoint
   35  such officers and employees as it may require for the performance of its
   36  duties, and shall fix and determine their qualifications and duties.
   37    4. If by death, resignation or otherwise, a vacancy occurs among those
   38  appointed hereunder by the state of New York,  the  governor  is  hereby
   39  authorized to fill the same.
   40    5.  The  commissioners  appointed from the state of New York, together
   41  with the commissioners appointed from the state  of  New  Jersey,  shall
   42  have power to apply to the congress of the United States for its consent
   43  and  approval  of  the  agreement  or compact signed by them; but in the
   44  absence of such consent of congress and until the same shall  have  been
   45  secured,  the  said agreement or compact shall be binding upon the state
   46  of New York in all respects permitted by law for the two states  of  New
   47  York  and  New Jersey without the consent of congress to co-operate, for
   48  the purposes enumerated in said agreement or compact, and in the  manner
   49  provided in this article.
   50    S  108.  Power  of  the  port authority.   1. The port authority shall
   51  constitute a body, both corporate  and  politic,  with  full  power  and
   52  authority  to  purchase, construct, lease and/or operate any terminal or
   53  transportation facility within said district; and to  make  charges  for
   54  the use thereof: and for any of such purposes to own, hold, lease and/or
   55  operate  real  or personal property, to borrow money and secure the same
   56  by bonds or by mortgages upon any property held or to be held by it.  No
       A. 7413                             9
    1  property  now  or hereafter vested in or held by either state, or by any
    2  county, city, borough, village, township or other municipality, shall be
    3  taken by the port authority, without the authority or  consent  of  such
    4  state,  county,  city, borough, village, township or other municipality,
    5  nor shall anything herein impair or invalidate in  any  way  any  bonded
    6  indebtedness  of such state, county, city, borough, village, township or
    7  other municipality, nor impair the  provisions  of  law  regulating  the
    8  payment  into sinking funds of revenues derived from municipal property,
    9  or dedicating the revenues derived from  any  municipal  property  to  a
   10  specific purpose.
   11    2.  The  powers  granted in this article shall not be exercised by the
   12  port authority until the legislatures of both states shall have approved
   13  of a comprehensive plan for the development of the port  as  hereinafter
   14  provided.
   15    3.  The port authority shall have such additional powers and duties as
   16  may hereafter be delegated to or imposed upon it from time  to  time  by
   17  the action of the legislature of either state concurred in by the legis-
   18  lature  of the other. Unless and until otherwise provided, it shall make
   19  an annual report to the legislature of both  states,  setting  forth  in
   20  detail  the operations and transactions conducted by it pursuant to this
   21  agreement and any legislation thereunder. The port authority  shall  not
   22  pledge  the  credit  of either state except by and with the authority of
   23  the legislature thereof.
   24    S 109. Public meetings.  1. The legislature finds  and  declares  that
   25  the  right of the public to be present at meetings of the port authority
   26  of New York and New Jersey, and to witness in full detail all phases  of
   27  the deliberation, policy formulation, and decision making of the author-
   28  ity, is vital to the enhancement and proper functioning of the democrat-
   29  ic  process,  and that secrecy in public affairs undermines the faith of
   30  the public in government and the public's  effectiveness  in  fulfilling
   31  its role in a democratic society; and declares it to be the public poli-
   32  cy  of  this  state to insure the right of its citizens to have adequate
   33  advance notice of and the right to attend all meetings of the  authority
   34  at which any business affecting the public is discussed or acted upon in
   35  any  way  except  only in those circumstances where otherwise the public
   36  interest would be clearly endangered or the personal privacy of  guaran-
   37  teed  rights  of  individuals  would be clearly in danger of unwarranted
   38  invasion.
   39    2. The board shall adopt and promulgate appropriate  rules  and  regu-
   40  lations  concerning the right of the public to be present at meetings of
   41  the authority. The board may incorporate in its  rules  and  regulations
   42  conditions  under  which  it  may exclude the public from a meeting or a
   43  portion thereof.
   44    3. Any rules or regulations adopted hereunder shall become a  part  of
   45  the  minutes  of the port authority of New York and New Jersey and shall
   46  be subject to the approval of the governor of New Jersey and the  gover-
   47  nor of New York.
   48    4. Unless and until otherwise determined by the action of the legisla-
   49  tures  of the two states, no action of the port authority shall be bind-
   50  ing unless taken at a meeting at which at least  three  of  the  members
   51  from  each  state are present, and unless a majority of the members from
   52  each state present at such meeting but in any event at  least  three  of
   53  the  members  from  each  state, shall vote in favor thereof. Each state
   54  reserves the right to provide by law for the exercise of a veto power by
   55  the governor thereof over any action of any commissioner appointed ther-
   56  efrom.
       A. 7413                            10
    1    S 110. Minutes of public meetings.  1. The port authority  shall  file
    2  with  the  temporary president and minority leader of the senate and the
    3  speaker and minority leader of the assembly, the chairman of the  assem-
    4  bly  ways  and  means  committee  and the chairman of the senate finance
    5  committee  of  the  state of New York and the president, minority leader
    6  and secretary of the senate and the speaker, minority leader  and  clerk
    7  of the general assembly of the state of New Jersey a copy of the minutes
    8  of  any  action  taken at any public meeting of the port authority. Such
    9  filing shall be made on the same day such minutes are transmitted to the
   10  governor of each state for review; and notice of such  filing  shall  be
   11  provided  to  the  governor  of  each state at the same time. Failure to
   12  effectuate any such filing shall not impair the ability of the authority
   13  to act pursuant to a resolution of its  board.  Such  filing  shall  not
   14  apply  to any minutes required to be filed pursuant to section twenty of
   15  chapter six hundred fifty-one of the laws of nineteen  hundred  seventy-
   16  eight and continued by article XXVIII of this chapter.
   17    2.  The  temporary  president  and  minority leader of the senate, the
   18  speaker and minority leader of the assembly, the chairman of the  assem-
   19  bly  ways  and  means  committee  and the chairman of the senate finance
   20  committee of the state of New York and the speaker and  minority  leader
   21  of the general assembly and the president and the minority leader of the
   22  senate of the state of New Jersey, or representatives designated by them
   23  in writing for this purpose, may by certificate filed with the secretary
   24  of  the  port  authority  waive  the  foregoing  filing requirement with
   25  respect to any specific minutes.
   26    S 111. Jurisdiction.  Unless and until otherwise  provided,  all  laws
   27  now  or  hereafter vesting jurisdiction or control in the public service
   28  commission, or the public utilities commission,  or  like  body,  within
   29  each state respectively, shall apply to railroads and to any transporta-
   30  tion,  terminal or other facility owned, operated, leased or constructed
   31  by the port authority, with the same force and effect as if  such  rail-
   32  road,  or transportation, terminal or other facility were owned, leased,
   33  operated or constructed by a private corporation.
   34    S 112. Powers of  municipalities  to  develop  or  improve.    Nothing
   35  contained  in this agreement shall impair the powers of any municipality
   36  to develop or improve port and terminal facilities.
   37    S 113. Comprehensive development.   1. The  legislatures  of  the  two
   38  states, prior to the signing of this agreement, or thereafter as soon as
   39  may  be  practicable,  will  adopt a plan or plans for the comprehensive
   40  development of the port of New York.
   41    2. The port authority shall from time  to  time  make  plans  for  the
   42  development  of the port of New York district, supplementary to or amen-
   43  datory of any plan theretofore adopted, and when  such  plans  are  duly
   44  approved  by  the  legislatures of the two states, they shall be binding
   45  upon both states with the same force and effect as  if  incorporated  in
   46  this chapter.
   47    3.  The port authority may petition any interstate commerce commission
   48  (or like body), commissioner of transportation, public utilities commis-
   49  sion (or like body), or any other federal,  municipal,  state  or  local
   50  authority,  administrative, judicial or legislative, having jurisdiction
   51  in the premises,  after  the  adoption  of  the  comprehensive  plan  as
   52  provided  for  in  subdivision one of this section, for the adoption and
   53  execution of any physical improvement, change in method, rate of  trans-
   54  portation,  system of handling freight, warehousing, docking, lightering
   55  or transfer of freight, which, in the opinion of the port authority, may
   56  be designed to improve or better the handling of commerce in and through
       A. 7413                            11
    1  the port of New York district, or improve  terminal  and  transportation
    2  facilities  therein.  It  may  intervene in any proceeding affecting the
    3  commerce of the port.
    4    S 114. Recommendations.  The port authority may from time to time make
    5  recommendations to the legislatures of the two states or to the congress
    6  of  the  United  States,  based  upon study and analysis, for the better
    7  conduct of the commerce passing in and through the port of New York, the
    8  increase and improvement of transportation and terminal facilities ther-
    9  ein, and the more economical and expeditious handling of such commerce.
   10    S 115. Expense of operations.  1. Unless and until the  revenues  from
   11  operations  conducted  by  the  port  authority are adequate to meet all
   12  expenditures, the legislatures of the two states shall  appropriate,  in
   13  equal  amounts, annually, for the salaries, office and other administra-
   14  tive expenses, such sum or sums as shall  be  recommended  by  the  port
   15  authority  and  approved  by  the  governors of the two states, but each
   16  state obligates itself hereunder only to the extent of one hundred thou-
   17  sand dollars in any one year.
   18    2. Unless and until otherwise determined by the action of the legisla-
   19  tures of the two states, the port authority shall not  incur  any  obli-
   20  gations  for  salaries,  office or other administrative expenses, within
   21  the provisions of subdivision one of this section, prior to  the  making
   22  of appropriations adequate to meet the same.
   23    S  116.  Records  of  the  port  authority.    1.  Notwithstanding any
   24  provision to the contrary, the records of the port  authority  shall  be
   25  open  to  the public in accordance with the laws of New York, articles 6
   26  and 6-A of the public officers law, and New Jersey, P.L. 1963, c. 73 (C.
   27  47:1A-1 et seq.), pertaining to the disclosure of government records.
   28    2. When there is an inconsistency between the law of the state of  New
   29  York  and  the law of the state of New Jersey, the law of the state that
   30  provided the greatest rights of access on the date that the  chapter  of
   31  the laws of 2015 that added this section became a law shall apply.
   32    3. The provisions of article 78 of the civil practice law and rules of
   33  the  state  of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.), of the
   34  laws of New Jersey, as applicable, shall apply to enforce the provisions
   35  of this article.
   36    S 117. Port authority as an agency.   Notwithstanding any law  to  the
   37  contrary,  the port authority shall be deemed an "agency" and treated as
   38  such under the laws of New York, for all purposes under articles six and
   39  six-A of the public officers law, and shall be deemed a "public  agency"
   40  and  treated  as  such  under New Jersey, P.L. 1963, c. 73 (C.47:1A-1 et
   41  seq.), pertaining to the disclosure of government records.
   42    S 118. Notice of claim.  Notwithstanding any other provision of law to
   43  the contrary, every action against the authority for damages or injuries
   44  to real or personal property, or for the  destruction  thereof,  or  for
   45  personal  injuries  or  wrongful  death  shall not be commenced unless a
   46  notice of claim shall have been served on the authority  in  the  manner
   47  provided  for in the state where the action is commenced, and in compli-
   48  ance with the pertinent statutes of  the  state  relating  generally  to
   49  actions  commenced  against  that  state  and in compliance with all the
   50  requirements of the laws of that state. Where such state's  law  permits
   51  service  upon  a  department  of  that state in lieu of service upon the
   52  public entity, service may be made pursuant to such law.  Except  in  an
   53  action  for wrongful death against such an entity, an action for damages
   54  or for injuries to real or personal property,  or  for  the  destruction
   55  thereof, or for personal injuries, alleged to have been sustained, shall
   56  not  be  commenced more than one year and ninety days after the cause of
       A. 7413                            12
    1  action therefor shall have accrued or within the time  period  otherwise
    2  prescribed  by  any special provision of law of that state, whichever is
    3  longer.
    4    S  119.  Regulations.    1. The port authority is hereby authorized to
    5  make suitable rules and regulations not inconsistent with the  constitu-
    6  tion  of  the United States or of either state, and subject to the exer-
    7  cise of the power of congress, for the improvement  of  the  conduct  of
    8  navigation  and  commerce, which, when concurred in or authorized by the
    9  legislatures of both states, shall be binding  and  effective  upon  all
   10  persons and corporations affected thereby.
   11    2. The two states shall provide penalties for violations of any order,
   12  rule  or regulation of the port authority, and for the manner of enforc-
   13  ing the same.
   14                                 ARTICLE II
   15                     DEVELOPMENT OF THE PORT OF NEW YORK
   16  Section 201. Development of the port of New York.
   17          202. Investigations.
   18          203. Hearings.
   19          204. Orders.
   20          205. Terminal stations.
   21          206. Preference.
   22    S 201. Development of the port of New York.  1. Pursuant  to  subdivi-
   23  sion  two  of section one hundred eight of this chapter the following be
   24  and is hereby adopted as the comprehensive plan for the  development  of
   25  the port of New York:
   26    (a)  That  terminal  operations  within  the  port district, so far as
   27  economically practicable, should be unified;
   28    (b) That there should be consolidation of shipments at proper  classi-
   29  fication  points  so  as to eliminate duplication of effort, inefficient
   30  loading of equipment and realize reduction in expenses;
   31    (c) That there should be the most direct routing of all commodities so
   32  as to avoid centers of congestion, conflicting currents and long  truck-
   33  hauls;
   34    (d)  That  terminal  stations established under the comprehensive plan
   35  should be union stations, so far as practicable;
   36    (e) That the process of coordinating facilities should so far as prac-
   37  ticable adapt existing facilities as integral parts of the  new  system,
   38  so  as  to avoid needless destruction of existing capital investment and
   39  reduce so far as may be possible the requirements for new  capital;  and
   40  endeavor  should  be  made to obtain the consent of local municipalities
   41  within the port district for  the  coordination  of  their  present  and
   42  contemplated port and terminal facilities with the whole plan.
   43    (f)  That  freight  from all railroads must be brought to all parts of
   44  the port wherever practicable  without  cars  breaking  bulk,  and  this
   45  necessitates  tunnel  connection between New Jersey and Long Island, and
   46  tunnel or bridge connections between other parts of the port;
   47    (g) That there should be urged upon the federal  authorities  improve-
   48  ment  of  channels  so  as  to  give  access for that type of waterborne
   49  commerce adapted to the various forms of development which  the  respec-
   50  tive  shorefronts  and  adjacent lands of the port would best lend them-
   51  selves to;
   52    (h) That highways for motor truck traffic should be laid out so as  to
   53  permit  the  most  efficient inter-relation between terminals, piers and
   54  industrial establishments not equipped with railroad sidings and for the
   55  distribution of building materials and many other commodities which must
       A. 7413                            13
    1  be handled by  trucks;  these  highways  to  connect  with  existing  or
    2  projected bridges, tunnels and ferries.
    3    (i)  That  definite  methods for prompt relief should be devised which
    4  can be applied for the better coordination  and  operation  of  existing
    5  facilities while larger and more comprehensive plans for future develop-
    6  ment are being carried out.
    7    2.  The bridges, tunnels and belt lines forming the comprehensive plan
    8  are generally and in outline indicated on maps filed by the port of  New
    9  York  authority  in  the offices of the secretaries of the states of New
   10  York and New Jersey and are hereinafter described in outline.
   11    3. (a) A tunnel or tunnels connecting the New  Jersey  shore  and  the
   12  Brooklyn  shore  of  New York to provide through line connection between
   13  the transcontinental railroads now having their terminals in New  Jersey
   14  with  the  Long  Island railroad and the New York connecting railroad on
   15  Long Island and with the New York Central and Hudson River railroad  and
   16  the  New  York,  New  Haven  and  Hartford railroad in the Bronx, and to
   17  provide continuous transportation of freight between the Queens,  Brook-
   18  lyn and Bronx sections of the port to and from all parts of the westerly
   19  section of the port, for all of the transcontinental railroads.
   20    (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
   21  existing bridge enlarged, to provide direct freight carriage between New
   22  Jersey and Staten Island.
   23    (c) The location of all such tunnels or bridges to be at the shortest,
   24  most  accessible  and most economical points practicable, taking account
   25  of existing facilities now located within the port district and  provid-
   26  ing  for  and taking account of all reasonably foreseeable future growth
   27  in all parts of the district.
   28    4. The island of Manhattan to be connected with New Jersey  by  bridge
   29  or  tunnel,  or  both,  and freight destined to and from Manhattan to be
   30  carried underground, so far as practicable, by  such  system,  automatic
   31  electric as hereinafter described or otherwise, as will furnish the most
   32  expeditious, economical and practicable transportation of freight, espe-
   33  cially  meat,  produce,  milk and other commodities comprising the daily
   34  needs of the people. Suitable markets, union  inland  terminal  stations
   35  and warehouses to be laid out at points most convenient to the homes and
   36  industries upon the island, the said system to be connected with all the
   37  trans-continental railroads terminating in New Jersey and by appropriate
   38  connection  with the New York Central and Hudson River railroad, the New
   39  York, New Haven and Hartford and the Long Island railroads.
   40    5. The numbers hereinafter used correspond with the numbers which have
   41  been placed on the map of the comprehensive plan to identify the various
   42  belt lines and marginal railroads.
   43    (a) Number 1. Middle belt line. Connects New Jersey and Staten  Island
   44  and  the  railroads  on  the  westerly  side  of the port with Brooklyn,
   45  Queens, the Bronx and the railroads on the easterly side  of  the  port.
   46  Connects  with  the New York Central railroad in the Bronx; with the New
   47  York, New Haven and Hartford railroad in the Bronx; with the Long Island
   48  railroad in Queens and Brooklyn; with the Baltimore  and  Ohio  railroad
   49  near  Elizabethport  and  in  Staten  Island;  with the Central Railroad
   50  Company of New Jersey at Elizabethport  and  at  points  in  Newark  and
   51  Jersey  City;  with the Pennsylvania railroad in Newark and Jersey City;
   52  with the Lehigh Valley railroad in Newark  and  Jersey  City;  with  the
   53  Delaware,  Lackawanna and Western railroad in Jersey City and the Secau-
   54  cus meadows; with the Erie railroad in  Jersey  City  and  the  Secaucus
   55  meadows;  with  the  New  York,  Susquehanna  and Western, the New York,
       A. 7413                            14
    1  Ontario and Western and the West Shore railroads on the westerly side of
    2  the Palisades above the Weehawken tunnel.
    3    The  route  of the middle belt line as shown on said map is in general
    4  as follows: Commencing at the Hudson river  at  Spuyten  Duyvil  running
    5  easterly  and  southerly generally along the easterly side of the Harlem
    6  river, utilizing existing lines so far as practicable and improving  and
    7  adding  where  necessary,  to a connection with Hell Gate bridge and the
    8  New Haven railroad, a distance  of  approximately  seven  miles;  thence
    9  continuing  in  a  general southerly direction, utilizing existing lines
   10  and improving and adding where necessary, to a point near Bay  Ridge,  a
   11  distance  of  approximately eighteen and one-half miles; thence by a new
   12  tunnel under New York bay in a northwesterly direction to  a  portal  in
   13  Jersey  City  or  Bayonne,  a distance of approximately five miles, to a
   14  connection with the tracks of the Pennsylvania and Lehigh  Valley  rail-
   15  roads; thence in a generally northerly direction along the easterly side
   16  of Newark bay and the Hackensack river at the westerly foot of the Pali-
   17  sades,  utilizing  existing tracks and improving and adding where neces-
   18  sary, making connections with the Jersey Central,  Pennsylvania,  Lehigh
   19  Valley,  Delaware,  Lackawanna  and Western, Erie, New York, Susquehanna
   20  and Western, New York, Ontario and Western, and West Shore railroads,  a
   21  distance of approximately ten miles. From the westerly portal of the Bay
   22  tunnel  and  from  the line along the easterly side of Newark bay by the
   23  bridges of the Central railroad of New Jersey (crossing  the  Hackensack
   24  and  Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads
   25  (crossing Newark bay) to the line of the central railroad of New  Jersey
   26  running along the westerly side of Newark bay and thence southerly along
   27  this  line to a connection with the Baltimore and Ohio railroad south of
   28  Elizabethport, utilizing  existing  lines  so  far  as  practicable  and
   29  improving and adding where necessary, a distance of approximately twelve
   30  miles; thence in an easterly direction crossing the Arthur kill, utiliz-
   31  ing  existing lines so far as practicable and improving and adding where
   32  necessary, along the northerly and easterly shores of Staten  Island  to
   33  the  new city piers and to a connection, if the city of New York consent
   34  thereto, with the tunnel under the  Narrows  to  Brooklyn  provided  for
   35  under  chapter  seven  hundred  of the laws of the state of New York for
   36  nineteen hundred and twenty-one.
   37    (b) Number 2. A marginal railroad to the  Bronx  extending  along  the
   38  shore of the East river and Westchester creek connecting with the middle
   39  belt  line  (number  one), and with the New York, New Haven and Hartford
   40  railroad in the vicinity of Westchester.
   41    (c) Number 3. A marginal railroad in  Queens  and  Brooklyn  extending
   42  along  Flushing  creek,  Flushing  bay, the East river and the upper New
   43  York bay.  Connects with the middle belt line  (number  one),  by  lines
   44  number  four,  number five, number six and directly at the southerly end
   45  at Bay Ridge.  Existing lines to be utilized and improved and  added  to
   46  and new lines built where lines do not now exist.
   47    (d)  Number  4.  An  existing  line  to be improved and added to where
   48  necessary. Connects the middle belt line (number one), with the marginal
   49  railroad number three near its northeasterly end.
   50    (e) Number 5. An existing line to  be  improved  and  added  to  where
   51  necessary. Connects the middle belt line (number one), with the marginal
   52  railroad number three in Long Island City.
   53    (f)  Number  6.  Connects  the middle belt line (number one), with the
   54  marginal railroad number three in the Greenpoint  section  of  Brooklyn.
   55  The existing portion to be improved and added to where necessary.
       A. 7413                            15
    1    (g)  Number  7.  A  marginal  railroad  surrounding  the northerly and
    2  westerly shores of Jamaica bay. A new line.  Connects  with  the  middle
    3  belt line (number one).
    4    (h)  Number  8.  An  existing  line, to be improved and added to where
    5  necessary. Extends along  the  southeasterly  shore  of  Staten  Island.
    6  Connects with middle belt line (number one).
    7    (i)  Number  9. A marginal railroad extending along the westerly shore
    8  of Staten Island and a branch connection  with  number  eight.  Connects
    9  with the middle belt line (number one), and with a branch from the outer
   10  belt line (number fifteen).
   11    (j) Number 10. A line made up mainly of existing lines, to be improved
   12  and added to where necessary. Connects with the middle belt line (number
   13  one) by way of marginal railroad number eleven. Extends along the south-
   14  erly shore of Raritan bay and through the territory south of the Raritan
   15  river reaching New Brunswick.
   16    (k)  Number  11.  A marginal railroad extending from a connection with
   17  the proposed outer belt line (number fifteen) near New  Brunswick  along
   18  the northerly shore of the Raritan river to Perth Amboy, thence norther-
   19  ly  along  the westerly side of the Arthur kill to a connection with the
   20  middle belt line (number one) south of  Elizabethport.  The  portion  of
   21  this line which exists to be improved and added to where necessary.
   22    (l)  Number 12. A marginal railroad extending along the easterly shore
   23  of Newark bay and the Hackensack river and connects with the middle belt
   24  line (number one). A new line.
   25    (m) Number 13. A marginal railroad extending along the  westerly  side
   26  of the Hudson river and the Upper New York bay. Made up mainly of exist-
   27  ing  lines----the  Erie  Terminals,  Jersey Junction, Hoboken Shore, and
   28  National Docks railroads. To be improved and added to  where  necessary.
   29  To be connected with middle belt line (number one).
   30    (n)  Number  14.  A  marginal railroad connecting with the middle belt
   31  line (number one), and extending through  the  Hackensack  and  Secaucus
   32  meadows.
   33    (o)  Number  15.  An  outer  belt  line, extending around the westerly
   34  limits of the port district  beyond  the  congested  section.  Northerly
   35  terminus on the Hudson river at Piermont. Connects by marginal railroads
   36  at the southerly end with the harbor waters below the congested section.
   37  By spurs connects with the middle belt line (number one) on the westerly
   38  shore of Newark bay and with the marginal railroad on the westerly shore
   39  of Staten Island (number nine).
   40    (p)  Number  16.  The  automatic electric system for serving Manhattan
   41  Island.  Its yards to connect with the middle belt line and with all the
   42  railroads of the port district. A standard  gauge  underground  railroad
   43  deep  enough  in  Manhattan  to  permit  of  two levels of rapid transit
   44  subways to pass over it. Standard railroad cars to be brought through to
   45  Manhattan terminals for perishables and food  products  in  refrigerator
   46  cars.  Cars with merchandise freight to be stopped at its yards. Freight
   47  from  standard cars to be transferred onto wheeled containers, thence to
   48  special electrically propelled cars which will  bear  it  to  Manhattan.
   49  Freight  to  be  kept on wheels between the door of the standard freight
   50  car at the transfer point and the tail board of the truck at the Manhat-
   51  tan terminal or the store door as may  be  elected  by  the  shipper  or
   52  consignee, eliminating extra handling.
   53    Union  terminal stations to be located on Manhattan in zones as far as
   54  practicable of equal trucking distance, as to pickups and deliveries, to
   55  be served by this system. Terminals to contain storage space  and  space
       A. 7413                            16
    1  for  other facilities. The system to bring all the railroads of the port
    2  to Manhattan.
    3    6.  The  determination  of the exact location, system and character of
    4  each of the said tunnels, bridges, belt lines,  approaches,  classifica-
    5  tion yards, warehouses, terminals or other improvements shall be made by
    6  the  port  authority  after  public  hearings  and further study, but in
    7  general the location thereof shall be as indicated upon said map, and as
    8  herein described.
    9    7. The right to add to, modify or change any  part  of  the  foregoing
   10  comprehensive  plan  is  reserved by each state, with the concurrence of
   11  the other.
   12    8. The port of New York authority is hereby authorized and directed to
   13  proceed with the development of the port of New York in accordance  with
   14  said  comprehensive  plan  as rapidly as may be economically practicable
   15  and is hereby vested with  all  necessary  and  appropriate  powers  not
   16  inconsistent  with  the  constitution  of the United States or of either
   17  state, to effectuate the same, except the power to levy taxes or assess-
   18  ments. It shall request the congress of the United States to  make  such
   19  appropriations  for  deepening  and  widening  channels and to make such
   20  grants of power as will enable the said plan to be effectuated. It shall
   21  have power to apply to all federal agencies,  including  the  interstate
   22  commerce  commission, the war department, and the United States shipping
   23  board, for suitable assistance in carrying out said plan. It shall coop-
   24  erate with the state highway commissioners of each state so  that  trunk
   25  line  highways as and when laid out by each state shall fit in with said
   26  comprehensive plan. It shall render such advice, suggestion and  assist-
   27  ance  to  all municipal officials as will permit all local and municipal
   28  port and harbor improvements, so far as practicable, to fit in with said
   29  plan. All municipalities within the district are hereby  authorized  and
   30  empowered  to cooperate in the effectuation of said plan, and are hereby
   31  vested with such powers as may be appropriate or necessary so to cooper-
   32  ate. The bonds or other securities issued by the port authority shall at
   33  all times be free from taxation by either state.    The  port  authority
   34  shall  be regarded as the municipal corporate instrumentality of the two
   35  states for the purpose of  developing  the  port  and  effectuating  the
   36  pledge  of the states in the said compact, but it shall have no power to
   37  pledge the credit of either state  or  to  impose  any  obligation  upon
   38  either state, or upon any municipality, except as and when such power is
   39  expressly granted by statute, or the consent by any such municipality is
   40  given.
   41    S  202. Investigations.  1. (a) To facilitate the determination of the
   42  economic practicability of any step in the comprehensive plan, or of any
   43  other fact  or  matter  which  the  port  authority  is  authorized  and
   44  empowered  to decide or determine, the port authority may conduct inves-
   45  tigations, inquiries or hearings at such place or  places  and  at  such
   46  times  as  it shall appoint.  Such investigations, inquiries or hearings
   47  may be held by or before one or more of the commissioners  of  the  port
   48  authority, or by or before any person or persons appointed as its repre-
   49  sentative, and when ratified, approved or confirmed by the port authori-
   50  ty on its action shall be and be deemed to be the investigation, inquiry
   51  or hearing of the port authority.
   52    (b) For the purpose of such investigations, inquiries or hearings, and
   53  of  such  other action or powers as the port authority may be authorized
   54  or empowered to take or exercise, it shall have jurisdiction of any  and
   55  all  persons,  associations,  or corporations, residing in, or acting or
       A. 7413                            17
    1  existing under or by virtue of the laws of, or owning property or coming
    2  within this state.
    3    2. The port authority shall have the power to compel the attendance of
    4  witnesses  and  the  production of any papers, books or other documents,
    5  and to administer oaths to all witnesses who may be  called  before  it.
    6  Subpoenas issued by the port authority shall be signed by a commissioner
    7  or  by the secretary of the port authority. No witness subpoenaed at the
    8  instance of parties other than the port authority shall be  entitled  to
    9  compensation  therefrom  for  attendance or travel, but the cost thereof
   10  shall be borne by the party at whose instance the witness  is  summoned,
   11  unless the port authority otherwise orders. A subpoena issued under this
   12  section  shall  be  regulated by the civil practice law and rules of the
   13  state of New York.
   14    S 203. Hearings.  1. All hearings before the port authority, including
   15  the taking of testimony, shall be governed by rules to  be  adopted  and
   16  prescribed by it.
   17    2. In any investigation, inquiry or hearing before the port authority,
   18  a  commissioner  or  an officer conducting the investigation, inquiry or
   19  hearing may confer immunity in accordance with the provisions of section
   20  50.20 of the criminal procedure law of the state of New York.
   21    3. No commissioner or employee of the port authority shall be required
   22  to give testimony in any civil suit to which the port authority is not a
   23  party with regard to information obtained by him in the discharge of his
   24  or her official duty.
   25    S 204. Orders.  1. Every order of the port authority shall  be  served
   26  upon  every  person,  association or corporation to be affected thereby,
   27  either by personal delivery of a certified copy thereof, or by mailing a
   28  certified copy thereof, in a sealed package with postage prepaid, to the
   29  person to be affected thereby; or in the case of a  corporation  to  any
   30  officer  or  agent  thereof  upon whom a summons might be served, either
   31  within or without the state, in accordance with law.  It  shall  be  the
   32  duty  of  every  person,  association or corporation, to notify the port
   33  authority forthwith, in writing, of the receipt of the certified copy of
   34  every order so served, and in the case of a corporation  such  notifica-
   35  tion must be signed and acknowledged by a person or officer duly author-
   36  ized  by  the corporation to admit such service. Within a time specified
   37  in the order of the port authority, such person, association  or  corpo-
   38  ration, upon whom it is served, must, if so required in the order, noti-
   39  fy  the port authority in like manner whether the terms of the order are
   40  accepted and will be obeyed. Every order of  the  port  authority  shall
   41  take  effect  at  a  time  therein specified and shall continue in force
   42  either for a period which may be designated therein, or until changed or
   43  abrogated by the port authority, unless such order  be  unauthorized  by
   44  law, or be in violation of a provision of the constitution of the state,
   45  or of the United States.
   46    2. No order staying or suspending an order of the port authority shall
   47  be  made  by any court otherwise than upon notice and after hearing, and
   48  if the order of the port authority is suspended,  the  order  suspending
   49  the  same shall contain a specific finding based upon evidence submitted
   50  to the court and identified by reference thereto that great and irrepar-
   51  able damage would otherwise result to the petitioner and specifying  the
   52  nature of the damage.
   53    3.  (a)  Whenever  the port authority shall be of the opinion that any
   54  person, association or corporation subject to its jurisdiction is  fail-
   55  ing  or omitting, or about to fail or omit to do anything required of it
   56  by the laws governing the development and regulation of the port of  New
       A. 7413                            18
    1  York,  or  by  its  order,  or  is  doing or is about to do anything, or
    2  permitting, or about to permit anything to be done contrary  to,  or  in
    3  violation  of,  such  law or orders, it shall direct its legal represen-
    4  tative  to  commence  an  action  or  proceeding in the name of the port
    5  authority, in an appropriate court having jurisdiction, for the  purpose
    6  of  having  such  violations,  or  threatened  violations,  stopped  and
    7  prevented either by mandamus or injunction. Such an action or proceeding
    8  may be brought in the supreme court of this state, and  the  said  court
    9  shall  have  and is hereby given the necessary and appropriate jurisdic-
   10  tion to grant mandamus or injunction, as the case may  require,  or  any
   11  other relief appropriate to the case.
   12    (b)  Failure  of such person, association or corporation to notify the
   13  port authority, as required in the preceding section, of its  acceptance
   14  of  and willingness to obey any order of the port authority shall be and
   15  be deemed to be prima facie  proof  that  such  person,  association  or
   16  corporation  is  guilty  of such violation, or threatened violation. The
   17  legal representative of the port authority shall begin  such  action  or
   18  proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
   19  violation complained of and praying for appropriate  relief  by  way  of
   20  mandamus  or  injunction. If the petition is directed to a court of this
   21  state, it shall thereupon be the duty of the court to specify the  time,
   22  not  exceeding  twenty days after the service of a copy of the petition,
   23  within which the person, association or corporation complained  of  must
   24  answer  the petition. In case of default in answer, or after answer, the
   25  court shall immediately inquire into the  facts  and  circumstances,  in
   26  such manner as the court shall direct, without other or formal pleadings
   27  and  without  respect  to any technical requirement. Such other persons,
   28  associations or corporations as the court shall deem necessary or proper
   29  to join as parties, in order to make its order, judgment or writs effec-
   30  tive, may be joined as parties upon application of the  legal  represen-
   31  tative  of  the port authority. The final judgment in any such action or
   32  proceeding shall either dismiss the action or proceeding, or direct that
   33  a writ of mandamus, or an injunction, or both, issue as  prayed  for  in
   34  the  petition, or in such modified or other form as the court may deter-
   35  mine will afford the appropriate relief.
   36    4. (a) Whenever the port authority, after opportunity to  the  parties
   37  affected or to be affected thereby to be heard, shall determine any fact
   38  or  matter  which  it  is authorized by any law to hear or determine, or
   39  that any step in the effectuation of the comprehensive plan is or in the
   40  near future will be economically practicable, it shall make its findings
   41  in writing, setting forth its reasons therefor, and such findings  shall
   42  be  and be deemed to be a determination by the port authority, under and
   43  pursuant to law. Upon such determination an  appropriate  order  may  be
   44  entered  by the port authority and be made effective and may be enforced
   45  as herein provided.
   46    (b) If such findings or determination shall require the use of  exist-
   47  ing  facilities or any part thereof described in the law, owned or oper-
   48  ated by any carrier or carriers, then the port authority may  order  and
   49  require the carrier or carriers owning or operating said railroad facil-
   50  ities or part thereof to permit the use of such facilities or part ther-
   51  eof upon the payment of reasonable compensation therefor. If the carrier
   52  or  carriers affected or to be affected by such order shall not be able,
   53  within the time to be specified in its order by the port  authority,  to
   54  agree  among  themselves upon the compensation to be paid by a user to a
   55  proprietor or operator for the use of such existing facilities  or  part
   56  thereof,  then the port authority shall make determination of the amount
       A. 7413                            19
    1  to be paid by the user to the proprietary carrier  or  carriers,  taking
    2  all  the  facts and circumstances into account, including the public use
    3  to which such facilities have been put; or,  at  its  option,  the  port
    4  authority  may  apply  to  the  supreme court of this state, either in a
    5  separate proceeding or in  proceedings  by  mandamus  or  injunction  to
    6  enforce  its order, to fix and determine the fair and reasonable compen-
    7  sation to be paid by the user to the proprietary carrier or carriers for
    8  such use. If any carrier shall be dissatisfied with the findings of  the
    9  port  authority in the matter of the compensation to be paid for the use
   10  of any existing facility, it shall have the right to review the same  in
   11  the  supreme  court  of this state by taking appropriate proceedings for
   12  such review within sixty days from the service of the order of the  port
   13  authority, but pending such review the order for the use of such facili-
   14  ties  shall  be  operative, the determination of the compensation by the
   15  court to relate back to the time  of  the  commencement  of  such  user,
   16  unless  the court shall for good and proper reasons enjoin the operation
   17  of such order.
   18    S 205. Terminal stations.  If, in the determination of steps to effec-
   19  tuate the comprehensive plan, the port authority  shall  determine  that
   20  one  or  more  union  terminal stations are then, or in the near future,
   21  economically practicable, it shall call a conference of all the carriers
   22  affected or to be affected by the  use  of  such  terminal  stations  or
   23  station  and  shall submit to them a plan or plans for the construction,
   24  maintenance and use thereof.  If the carriers or any of them shall  fail
   25  or  refuse  to  agree  upon such plan, the port authority shall make and
   26  certify its findings and conclusions to the supreme court of this state,
   27  and the said court is vested with appropriate and adequate  jurisdiction
   28  to  determine  whether  or not such plan or plans for a union station or
   29  stations effectuate the comprehensive plan, and to make such  conditions
   30  and  impose such terms as will carry out the same in accordance with the
   31  principles embraced in the comprehensive plan and the laws governing the
   32  same.
   33    S 206. Preference.   All actions and proceedings  to  which  the  port
   34  authority may be a party and in which any question arises under the laws
   35  relating to the port authority, or under or concerning any of its orders
   36  or  actions,  shall  be  preferred  over  all other civil causes, except
   37  election causes, in all courts of this state  and  shall  be  heard  and
   38  determined  in  preference  to all other civil business pending therein,
   39  except election causes, irrespective of position on  the  calendar.  The
   40  same preference shall be granted upon application of the legal represen-
   41  tative of the port authority, in any action or proceeding in which he or
   42  she may be allowed to intervene.
   43                                 ARTICLE III
   44               BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY
   45  Section 301. Legislative intent.
   46          302. Tunnels.
   47          303. Bridges.
   48          304. Studies and reporting.
   49          305. Inspections.
   50          306. Construction, maintenance and operation.
   51          307. Rules and regulations relating to tunnels and bridges.
   52          308. Bonds.
   53          309. Compact.
   54    S  301.  Legislative  intent.   The state of New Jersey by appropriate
   55  legislation concurring herein, the states of New  York  and  New  Jersey
       A. 7413                            20
    1  hereby  declare  and  agree that the vehicular traffic moving across the
    2  interstate waters within the port of New York district, created  by  the
    3  compact  of  April thirty, nineteen hundred twenty-one, between the said
    4  states,  which  said  phrase "interstate waters" as used in this article
    5  shall include the portion of the Hudson river within the  said  port  of
    6  New  York  district  north  of  the New Jersey state line, constitutes a
    7  general movement of traffic which follows the most accessible and  prac-
    8  ticable  routes,  and  that  the  users of each bridge or tunnel over or
    9  under the said waters benefit by the existence of every other bridge  or
   10  tunnel  since  all  such  bridges  and tunnels as a group facilitate the
   11  movement of such traffic and relieve congestion at each of  the  several
   12  bridges  and tunnels.   Accordingly the two said states, in the interest
   13  of the users of such bridges and tunnels and the general public,  hereby
   14  agree  that  the construction, maintenance, operation and control of all
   15  such bridges and tunnels, heretofore or hereafter authorized by the  two
   16  said  states, shall be unified under the port authority, to the end that
   17  the tolls and other revenues therefrom shall be applied so far as  prac-
   18  ticable  to  the costs of the construction, maintenance and operation of
   19  said bridges and tunnels as a group and economies in operation effected,
   20  it being the policy of the two said states that such bridges and tunnels
   21  shall as a group be in all respects self-sustaining.
   22    S 302. Tunnels. 1.  In furtherance of the policy stated in section 301
   23  of this article, and in partial effectuation of the  comprehensive  plan
   24  adopted  by  the two said states for the development of the said port of
   25  New York district pursuant to  this  chapter,  the  control,  operation,
   26  tolls  and  other revenues of the vehicular tunnel, known as the Holland
   27  tunnel, under the Hudson river between the city of Jersey City  and  the
   28  city  of  New York, shall be vested in the port authority as hereinafter
   29  provided; and the port authority is hereby authorized and  empowered  to
   30  construct,  own,  maintain  and operate an interstate vehicular crossing
   31  under the Hudson river to consist of three tubes (hereinafter called the
   32  Midtown Hudson  tunnel),  together  with  such  approaches  thereto  and
   33  connections  with  highways  as the port authority may deem necessary or
   34  desirable.
   35    2. The entrances, exits and approaches  to  the  said  Midtown  Hudson
   36  tunnel,  on the New York side, shall be between West Thirty-fifth street
   37  and West Forty-first street and in the vicinity of Ninth avenue  and  to
   38  the  west  thereof,  in  the borough of Manhattan, city of New York. The
   39  approaches to the said Midtown Hudson tunnel  on  the  New  Jersey  side
   40  shall  be so located and constructed as to permit tunnel traffic to pass
   41  over or under the tracks of the New York, Susquehanna and Western  Rail-
   42  road Company and the Northern Railroad Company of New Jersey, immediate-
   43  ly west of the Palisades, without crossing the said tracks at grade, and
   44  as  to  permit  connections  with New Jersey state highway routes in the
   45  vicinity of the said tracks. The said Midtown Hudson tunnel  shall  have
   46  an appropriate entrance and exit in the township of Weehawken, county of
   47  Hudson, state of New Jersey.
   48    3.  The  control,  operation,  tolls  and  other  revenues of the said
   49  Holland tunnel and its entrance and exit plazas  and  of  all  real  and
   50  personal  property  appurtenant thereto or used in connection therewith,
   51  shall vest in the port  authority  upon  the  making  of  the  following
   52  payments by the port authority to each of the said two states:
   53    (a) An amount equal to the moneys contributed by such state toward the
   54  cost  of  construction of the said Holland tunnel, with interest thereon
   55  at the rate of four and one-quarter per centum per annum from  the  date
       A. 7413                            21
    1  or dates on which such moneys were contributed by such state to the date
    2  of the payment to such state;
    3    (b)  Less, however, the share of such state in the net revenues of the
    4  said tunnel to the date of the said payment, and less interest  on  such
    5  net  revenues  at  the rate of four and one-quarter per centum per annum
    6  from the dates on which the said net  revenues  were  received  by  such
    7  state to the date of the said payment;
    8    (c)  And  in the case of the payment to the state of New York, less an
    9  amount equal to the moneys which the said state has agreed to advance to
   10  the port authority (but which have not as yet been advanced to the  port
   11  authority)  in  aid  of  bridge  construction,  during  the fiscal years
   12  commencing in nineteen hundred thirty-one and nineteen  hundred  thirty-
   13  two,  pursuant to chapter seven hundred and sixty-one of the laws of New
   14  York of nineteen hundred twenty-six and chapter  three  hundred  of  the
   15  laws  of  New  York of nineteen hundred twenty-seven and acts amendatory
   16  thereof and supplemental thereto, discounted, however, in  the  case  of
   17  each  advance  at the rate of four and one-quarter per centum per annum,
   18  from the date of the said payment to the state of New York to  the  date
   19  upon  which  such  advance  is to be available pursuant to the aforesaid
   20  statutes.
   21    In computing interest as aforesaid upon the moneys contributed by each
   22  of the said two states toward the  cost  of  construction  of  the  said
   23  Holland  tunnel, such moneys shall be deemed to have been contributed by
   24  such state upon the first day of the month following  the  month  during
   25  which  there  were  presented to the comptroller of such state for audit
   26  and payment, the schedules and vouchers pursuant to  which  such  moneys
   27  were  paid.  In  computing  interest  as aforesaid upon the net revenues
   28  received by each of the said two states,  such  net  revenues  shall  be
   29  deemed  to  have  been  received  by  such state upon the date when such
   30  revenues were credited to such state or to the commission of such  state
   31  pursuant  to  paragraph  eleven  of  article  fourteen of the compact of
   32  December thirty, nineteen hundred nineteen, between the two said states.
   33    4. If the amount paid by the port authority to the state of New Jersey
   34  pursuant to subdivision three of this section  shall  be  less  than  an
   35  amount  which,  together with the moneys then in the sinking fund estab-
   36  lished by chapter three hundred and fifty-two of the laws of New  Jersey
   37  of  nineteen hundred twenty and chapter two hundred and sixty-two of the
   38  laws of New Jersey of nineteen hundred twenty-four,  hereinafter  called
   39  the  New  Jersey  Camden  bridge-Holland tunnel sinking fund (other than
   40  moneys set apart to pay interest for the  then  current  year  upon  the
   41  bonds of the state of New Jersey authorized by the aforesaid acts of the
   42  state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
   43  tunnel  bonds),  will  be  equal  to  the  principal  amount of the then
   44  outstanding New Jersey Camden bridge-Holland tunnel bonds, then  and  in
   45  such event, the port authority shall in addition pay to the state of New
   46  Jersey an amount which, together with the amount paid under and pursuant
   47  to  the  preceding section hereof and the moneys then in said New Jersey
   48  Camden bridge-Holland tunnel sinking fund, will be equal to the  princi-
   49  pal  amount  of  the  then  outstanding New Jersey Camden bridge-Holland
   50  tunnel bonds; and shall, moreover, pay to the state of New York  a  like
   51  amount.
   52    5.  The  amount payable by the port authority to the state of New York
   53  pursuant to subdivisions three and four of this section shall be paid by
   54  the port authority into the treasury of the state of New York  upon  the
   55  thirtieth  day  of  June,  nineteen hundred thirty-one, or at an earlier
   56  date at the option of the port authority on five  days'  notice  to  the
       A. 7413                            22
    1  comptroller  of the state of New York, upon a voucher signed and audited
    2  by the said comptroller, who is hereby authorized to consummate the said
    3  transaction.
    4    6. The amount payable by the port authority to the state of New Jersey
    5  pursuant to subdivisions three and four of this section shall be paid by
    6  the  port authority to the sinking fund commission created by said chap-
    7  ter three hundred and fifty-two of the laws of New  Jersey  of  nineteen
    8  hundred twenty and said chapter two hundred and sixty-two of the laws of
    9  New  Jersey  of nineteen hundred twenty-four, hereinafter called the New
   10  Jersey Camden bridge-Holland tunnel sinking  fund  commission  upon  the
   11  thirtieth  day  of June, nineteen hundred thirty-one, or such other date
   12  as may be agreed upon by the said sinking fund commission and  the  port
   13  authority,  upon  a  voucher signed and audited by the said sinking fund
   14  commission, which said commission is  hereby  authorized  to  consummate
   15  said transaction; and the said moneys shall be deposited in the said New
   16  Jersey  Camden  bridge-Holland  tunnel  sinking  fund, and shall for all
   17  purposes be deemed to be a part thereof and subject to the appropriation
   18  of the moneys in the said sinking fund, made by the  aforesaid  statutes
   19  of the state of New Jersey.
   20    7.  The  income and interest received from or accruing upon the moneys
   21  in the aforesaid New Jersey Camden bridge-Holland tunnel  sinking  fund,
   22  and from the investment thereof, shall be set apart and held by the said
   23  New  Jersey Camden bridge-Holland tunnel sinking fund commission for the
   24  payment of interest on New Jersey Camden  bridge-Holland  tunnel  bonds,
   25  and  shall  be  subject to the appropriation made of moneys so set apart
   26  and held, by the aforesaid statutes of the  state  of  New  Jersey,  and
   27  shall be applied to the payment of such interest.
   28    8.  Upon the making of the foregoing payments by the port authority to
   29  the two said states, the provisions of the compact of  December  thirty,
   30  nineteen  hundred nineteen, between the said two states, relating to the
   31  construction and operation of the said Holland tunnel,  as  amended,  so
   32  far  as  inconsistent herewith or with the rules, practice and procedure
   33  or general authority of the port authority, shall be and shall be deemed
   34  to be abrogated; and chapter four hundred and twenty-one of the laws  of
   35  New  York of nineteen hundred thirty, and chapter two hundred and forty-
   36  seven of the laws of New Jersey of nineteen hundred thirty,  making  the
   37  port authority the agent of the two states in connection with the opera-
   38  tion of the said Holland tunnel shall cease to be effective.
   39    S  303.  Bridges.    1.  Except as may be agreed upon between the port
   40  authority and the municipality in  which  they  shall  be  located,  the
   41  approaches  to the George Washington bridge hereafter constructed on the
   42  New York side shall be located as follows: between Amsterdam avenue  and
   43  Pinehurst  avenue,  the  approaches  shall  be  located between West One
   44  hundred seventy-eighth street and West One hundred seventy-ninth street;
   45  between Pinehurst avenue and Cabrini boulevard, the approaches shall  be
   46  between  West  One  hundred  seventy-eighth  street and West One hundred
   47  eightieth street;  between  Cabrini  boulevard  and  Haven  avenue,  the
   48  approaches  shall be between West One hundred seventy-seventh street and
   49  the line parallel to the northerly side of West  One  hundred  eightieth
   50  street  and  one  hundred twenty-five feet north of the building line on
   51  the north side thereof; between Haven avenue and Service street north of
   52  the George Washington bridge, the approaches shall be between the bridge
   53  and an extension of the building line on the northerly side of West  One
   54  hundred  eightieth  street. Except as so limited, the port authority may
   55  effectuate such approaches, connections, highway extensions  or  highway
   56  improvements  as it shall deem necessary or desirable in relation to the
       A. 7413                            23
    1  George Washington bridge, located in or extending across the counties in
    2  which such bridge is located, and, in  its  discretion,  may  do  so  by
    3  agreement  with  any other public agency; such agreement may provide for
    4  the   construction,   ownership,   maintenance   or  operation  of  such
    5  approaches, connections or highway extensions or highway improvements by
    6  such other public agency.
    7    2. The port authority is  hereby  authorized  and  empowered,  in  its
    8  discretion,  to  construct,  own,  maintain  and  operate  in Washington
    9  Heights in the borough of Manhattan, New York city, as an  addition  and
   10  improvement  to  the vehicular bridge over the Hudson river at Fort Lee,
   11  known as and hereinafter in this section referred to as the George Wash-
   12  ington bridge, a bus passenger facility, by which is  meant  a  facility
   13  consisting  of  one or more buildings, structures, improvements, loading
   14  or unloading areas, parking areas or other facilities necessary, conven-
   15  ient or desirable in the opinion of the port authority for the  accommo-
   16  dation  of  omnibuses  and  other  motor  vehicles  operated by carriers
   17  engaged in the transportation of passengers, or for the loading, unload-
   18  ing, interchange or transfer of such passengers  or  their  baggage,  or
   19  otherwise  for  the accommodation, use or convenience of such passengers
   20  or such carriers or their employees and for purposes incidental thereto.
   21    3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
   22  authority  from  establishing,  levying  and  collecting tolls and other
   23  charges in connection with such bus passenger facility  in  addition  to
   24  and other than the tolls or charges established, levied and collected in
   25  connection  with  the  George  Washington  bridge or any other bridge or
   26  tunnel.
   27    S 304. Studies and reporting.  The port authority shall from  time  to
   28  time make studies, surveys and investigations to determine the necessity
   29  and practicability of vehicular bridges and tunnels over or under inter-
   30  state  waters  within  the port of New York district, in addition to the
   31  Midtown Hudson tunnel and Holland tunnel and to  the  George  Washington
   32  bridge,  Goethals  bridge,  Outerbridge Crossing and Bayonne bridge, and
   33  report to the governors and legislatures of the two states thereon.  The
   34  port authority shall not proceed with the construction of any such addi-
   35  tional  vehicular  bridges  and  tunnels  over  or under said interstate
   36  waters until hereafter expressly authorized by the two said states,  but
   37  the  second  deck of the George Washington bridge shall be considered an
   38  addition and improvement to the said bridge and not such  an  additional
   39  vehicular  bridge,  and  the port authority's power and authorization to
   40  construct, own, maintain and operate said second deck for highway vehic-
   41  ular or rail rapid transit traffic or both is  hereby  acknowledged  and
   42  confirmed.
   43    S  305. Inspections.  The port authority shall inspect bridges located
   44  within the state of New York and under the authority's  jurisdiction  in
   45  accordance  with  criteria  established for other publicly-owned bridges
   46  within the state.
   47    S 306. Construction, maintenance and operation.  1. The port authority
   48  shall, so far as it deems it practicable,  treat  as  a  single  unified
   49  operation  the  construction,  maintenance  and  operation  of  the said
   50  Midtown Hudson tunnel, the Holland tunnel,  the  two  vehicular  bridges
   51  over  the  Arthur Kill, the vehicular bridge over the Kill van Kull, the
   52  vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
   53  ular bridges or tunnels which  it  may  construct  or  operate,  raising
   54  moneys  for the construction thereof and for the making of additions and
   55  improvements thereto in whole or in part upon its own  obligations,  and
   56  establishing  and  levying  such  tolls and other charges as it may deem
       A. 7413                            24
    1  necessary to secure from all of such bridges and tunnels as a group,  at
    2  least sufficient revenue to meet the expenses of the construction, main-
    3  tenance  and  operation  of  such bridges and tunnels as a group, and to
    4  provide  for  the  payment  of  the  interest  upon and amortization and
    5  retirement of and the fulfillment of the terms of all  bonds  and  other
    6  securities  and  obligations  which  it  may  have issued or incurred in
    7  connection therewith.
    8    2. The additions and improvements to bridges and  tunnels  constructed
    9  or  operated  by  it  which  the  port authority is hereby authorized to
   10  effectuate shall include but not be limited to  parking  facilities,  by
   11  which  is  meant  transportation  facilities  consisting  of one or more
   12  areas, buildings, structures, improvements, or other  accommodations  or
   13  appurtenances  necessary,  convenient or desirable in the opinion of the
   14  port authority for the parking or storage of motor vehicles of users  of
   15  such bridges and tunnels and other members of the general public and for
   16  the  transfer  of the operators and passengers of such motor vehicles to
   17  and from omnibuses and other motor vehicles operated by carriers over or
   18  through such bridges or tunnels, and for purposes incidental thereto.
   19    3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
   20  authority  from  establishing,  levying  and  collecting tolls and other
   21  charges in connection with any parking facility in addition to and other
   22  than  the  tolls  or  charges  established,  levied  and  collected   in
   23  connection  with  the bridge or tunnel to which such parking facility is
   24  an addition and improvement or any other bridge or tunnel.
   25    4. The port authority shall not proceed with the construction  of  any
   26  parking  facility as an addition and improvement to any bridge or tunnel
   27  other than a parking facility in the township of  North  Bergen  in  the
   28  state  of  New Jersey at or in the vicinity of the Midtown Hudson tunnel
   29  and its approaches and connections, except as  heretofore  or  hereafter
   30  expressly authorized.
   31    5.  The  plans  of the connections with state or municipal highways of
   32  any vehicular bridge or tunnel which the port  authority  may  hereafter
   33  construct (including the plans of any additional connections of existing
   34  bridges  or  tunnels with state or municipal highways), shall be subject
   35  to the approval of the governor of the state in which  such  connections
   36  shall  be  located.  Either state may require by appropriate legislation
   37  that such connections shall be subject to the approval  of  the  munici-
   38  pality  of that state in which they shall be located; and in such event,
   39  the approval of such municipality shall be given as provided in subdivi-
   40  sion two of section one hundred four of this chapter.  Except as limited
   41  herein, the port authority shall determine  all  matters  pertaining  to
   42  such bridges and tunnels.
   43    6.  The  construction,  maintenance and operation of vehicular bridges
   44  and tunnels within the said port of New  York  district  (including  the
   45  said Holland tunnel and the said Midtown Hudson tunnel), are and will be
   46  in  all respects for the benefit of the people of the states of New York
   47  and New Jersey, for the increase of their commerce  and  prosperity  and
   48  for  the improvement of their health and living conditions; and the port
   49  authority shall be regarded  as  performing  an  essential  governmental
   50  function  in  undertaking  the  construction,  maintenance and operation
   51  thereof and in carrying out the provisions of law relating thereto,  and
   52  shall be required to pay no taxes or assessments upon any of the proper-
   53  ty acquired or used by it for such purposes.
   54    7.  If  for  any  of the purposes of this article (including temporary
   55  construction purposes, and the making of additions  or  improvements  to
   56  bridges  or  tunnels already constructed), the port authority shall find
       A. 7413                            25
    1  it necessary or convenient  to  acquire  any  real  property  as  herein
    2  defined,  whether  for  immediate  or future use, the port authority may
    3  find and determine that such property, whether a fee simple absolute  or
    4  a  lesser interest, is required for a public use, and upon such determi-
    5  nation, the said property shall be and shall be deemed  to  be  required
    6  for  such  public  use until otherwise determined by the port authority;
    7  and with the exceptions hereinafter specifically noted, the said  deter-
    8  mination shall not be affected by the fact that such property has there-
    9  tofore  been  taken  for,  or  is then devoted to, a public use; but the
   10  public use in the hands or under the control of the port authority shall
   11  be deemed superior to the public use in the hands of any  other  person,
   12  association or corporation.
   13    8.  The port authority may acquire and is hereby authorized to acquire
   14  such property, whether a fee simple absolute or a  lesser  interest,  by
   15  the  exercise  of  the right of eminent domain under and pursuant to the
   16  provisions of the eminent domain procedure law of the state of New York,
   17  in the case of property located in such state, and revised  statutes  of
   18  New  Jersey,  Title  20:1-1  et seq., in the case of property located in
   19  such state, or at the option  of  the  port  authority  as  provided  in
   20  section  fifteen  of  chapter  forty-three  of the laws of New Jersey of
   21  nineteen hundred forty-seven, as amended, for the condemnation  of  real
   22  property  for  air terminal purposes, in the case of property located in
   23  such state, or pursuant to such other and alternate procedure as may  be
   24  provided by law.
   25    9.  Where  a person entitled to an award in the proceedings to acquire
   26  any real property for any of the purposes of this  article,  remains  in
   27  possession  of  such  property after the time of the vesting of title in
   28  the port authority, the reasonable value of his  use  and  occupancy  of
   29  such  property  subsequent to such time, as fixed by agreement or by the
   30  court in such proceedings or by any  court  of  competent  jurisdiction,
   31  shall  be  a lien against such award, subject only to liens of record at
   32  the time of the vesting of title in the port authority.
   33    10. Nothing herein contained shall be construed to prohibit  the  port
   34  authority  from  bringing  any proceedings to remove a cloud on title or
   35  such other proceedings as it may, in its  discretion,  deem  proper  and
   36  necessary,  or  from  acquiring  any  such  property  by  negotiation or
   37  purchase.
   38    11. Anything in this act to the contrary notwithstanding, no  property
   39  now  or  hereafter  vested  in  or  held  by  any county, city, borough,
   40  village, township or other municipality  shall  be  taken  by  the  port
   41  authority,  without  the  authority  or  consent  of  such county, city,
   42  borough, village, township or other municipality as provided in  article
   43  one of this chapter, provided that the state in which such county, city,
   44  borough,  village, township or other municipality is located may author-
   45  ize such property to be taken by the port authority by  condemnation  or
   46  the  exercise  of  the right of eminent domain without such authority or
   47  consent; nor shall anything herein impair or invalidate in any  way  any
   48  bonded  indebtedness  of  the  state,  or  such  county,  city, borough,
   49  village, township or other municipality, nor impair  the  provisions  of
   50  law  regulating  the  payment into sinking funds of revenue derived from
   51  municipal property, or dedicating the revenues  derived  from  municipal
   52  property, to a specific purpose. The port authority is hereby authorized
   53  and  empowered  to acquire from any such county, city, borough, village,
   54  township or other municipality, or  from  any  other  public  agency  or
   55  commission  having jurisdiction in the premises, by agreement therewith,
   56  and such county, city, borough, village, township, municipality,  public
       A. 7413                            26
    1  agency  or commission, notwithstanding any contrary provision of law, is
    2  hereby authorized and empowered to  grant  and  convey  upon  reasonable
    3  terms  and conditions, any real property, which may be necessary for the
    4  construction,  operation  and  maintenance  of such bridges and tunnels,
    5  including such real property as has already been  devoted  to  a  public
    6  use.  Each  of the two said states hereby consent to the use and occupa-
    7  tion of the real property of such state necessary for the  construction,
    8  operation and maintenance of bridges and tunnels constructed or operated
    9  pursuant to the provisions of this article, including lands of the state
   10  lying under water.
   11    12.  The  port  authority and its duly authorized agents and employees
   12  may enter upon any land in this state for the  purpose  of  making  such
   13  surveys, maps, or other examinations thereof as it may deem necessary or
   14  convenient for the purposes of this article.
   15    13.  The  term  "real  property" as used in this section is defined to
   16  include lands, structures, franchises, and interests in land,  including
   17  lands under water and riparian rights, and any and all things and rights
   18  usually included within the said term, and includes not only fees simple
   19  absolute  but  also  any  and  all  lesser interests, such as easements,
   20  rights of way, uses, leases, licenses and all other incorporeal  heredi-
   21  taments and every estate, interest or right, legal or equitable, includ-
   22  ing  terms of years, and liens thereon by way of judgments, mortgages or
   23  otherwise, and also claims for damage to real estate.
   24    14. Nothing herein contained shall be construed to authorize or permit
   25  the port authority to undertake the construction of any vehicular bridge
   26  or tunnel over or under  the  Arthur  Kill,  unless  or  until  adequate
   27  provision  has  been  made  by law for the protection of those advancing
   28  money upon the obligations of the port authority for the construction of
   29  the bridges mentioned in chapter two hundred and  ten  of  the  laws  of
   30  nineteen  hundred  twenty-five,  or  the  construction  of any vehicular
   31  bridge or tunnel over or under the Hudson river, at or north of Sixtieth
   32  street in the borough of Manhattan, city of New York,  unless  or  until
   33  adequate  provision  has  been  made  by law for the protection of those
   34  advancing money upon the obligations  of  the  port  authority  for  the
   35  construction  of  the  bridge  mentioned  in  chapter  seven hundred and
   36  sixty-one  of  the  laws  of  nineteen  hundred   twenty-six,   or   the
   37  construction  of  any  vehicular bridge or tunnel over or under the Kill
   38  van Kull unless or until adequate provision has been made by law for the
   39  protection of those advancing money upon the  obligations  of  the  port
   40  authority  for the construction of the bridge mentioned in chapter three
   41  hundred of the laws of nineteen hundred twenty-seven.
   42    S 307. Rules and regulations relating to tunnels and bridges.  1.  The
   43  port  authority  is hereby authorized to make and enforce such rules and
   44  regulations and to establish, levy and  collect  such  tolls  and  other
   45  charges  in  connection  with any vehicular bridges and tunnels which it
   46  may now or hereafter be authorized to own, construct, operate or control
   47  (including the said Holland tunnel and the said Midtown Hudson  tunnel),
   48  as  it  may  deem  necessary,  proper or desirable, which said tolls and
   49  charges shall be at  least  sufficient  to  meet  the  expenses  of  the
   50  construction,  operation and maintenance thereof, and to provide for the
   51  payment of, with interest upon, and the amortization and  retirement  of
   52  bonds  or  other securities or obligations issued or incurred for bridge
   53  or tunnel purposes.  There  shall  be  allocated  to  the  cost  of  the
   54  construction,  operation  and  maintenance  of such bridges and tunnels,
   55  such proportion of the general expenses of  the  port  authority  as  it
   56  shall deem properly chargeable thereto.
       A. 7413                            27
    1    2.  The  moneys  in  the  general  reserve  fund of the port authority
    2  (authorized by chapter five of  the  laws  of  New  Jersey  of  nineteen
    3  hundred  thirty-one,  as amended, and chapter forty-eight of the laws of
    4  New York of nineteen hundred thirty-one, as  amended  and  contained  by
    5  article  XXX  of this chapter) may be pledged in whole or in part by the
    6  port authority as security for or applied by it to  the  repayment  with
    7  interest of any moneys which it may raise upon bonds or other securities
    8  or  obligations  issued  or  incurred  from  time to time for any of the
    9  purposes of this article or secured in whole or in part by the pledge of
   10  the revenues of the port authority from any bridge or tunnel or both  so
   11  issued  or  incurred  and  so  secured;  and  the moneys in said general
   12  reserve fund may be applied by the port authority to the fulfillment  of
   13  any  other undertakings which it may assume to or for the benefit of the
   14  holders of any such bonds, securities or other obligations.
   15    3. Subject to prior liens and pledges (and to the  obligation  of  the
   16  port  authority  to  apply  revenues  to  the maintenance of its general
   17  reserve fund in the amount prescribed by the said  statutes  authorizing
   18  said  fund),  the  revenues of the port authority from facilities estab-
   19  lished, constructed, acquired or effectuated  through  the  issuance  or
   20  sale  of  bonds of the port authority secured by a pledge of its general
   21  reserve fund may be pledged in whole or  in  part  as  security  for  or
   22  applied  by it to the repayment with interest of any moneys which it may
   23  raise upon bonds or other securities or obligations issued  or  incurred
   24  from  time to time for any of the purposes of this article or secured in
   25  whole or in part by the pledge of the revenues  of  the  port  authority
   26  from  any bridge or tunnel or both so issued or incurred and so secured,
   27  and said revenues may be applied by the port authority to  the  fulfill-
   28  ment of any other undertakings which it may assume to or for the benefit
   29  of the holders of such bonds, securities or other obligations.
   30    In  the  event that at any time the balance of moneys theretofore paid
   31  into the general reserve fund and not applied therefrom shall exceed  an
   32  amount  equal  to  one-tenth  of  the  par  value of all bonds legal for
   33  investment, as defined and limited in the said statutes authorizing said
   34  fund, issued by the port authority and  currently  outstanding  at  such
   35  time,  by reason of the retirement of bonds or other securities or obli-
   36  gations issued or incurred from time to time for any of the purposes  of
   37  this  article or secured in whole or in part by the pledge of the reven-
   38  ues of the port authority from any bridge or tunnel or both so issued or
   39  incurred and so secured, the par value of  which  had  theretofore  been
   40  included  in  the computation of said one-tenth, then the port authority
   41  may pledge or apply such excess for and only for the purposes for  which
   42  it  is  authorized  by the said statutes authorizing said fund to pledge
   43  the moneys in the general reserve fund and such pledge may  be  made  in
   44  advance of the time when such excess may occur.
   45    S  308.  Bonds.    1. The two said states covenant and agree with each
   46  other and with the holders of any bonds or  other  securities  or  obli-
   47  gations  of  the port authority, issued or incurred for bridge or tunnel
   48  purposes and as security for which there may or  shall  be  pledged  the
   49  tolls and revenues or any part thereof of any vehicular bridge or tunnel
   50  (including  the said Holland tunnel and the said Midtown Hudson tunnel),
   51  that the two said states will not, so long as any of such bonds or other
   52  obligations remain outstanding and unpaid, diminish or impair the  power
   53  of  the  port  authority  to establish, levy and collect tolls and other
   54  charges in connection therewith; and that the two said states will  not,
   55  so long as any of such bonds or other obligations remain outstanding and
   56  unpaid,  authorize  the construction of any vehicular bridges or tunnels
       A. 7413                            28
    1  over or under interstate waters as herein defined within the  said  port
    2  of New York district, by any person or body other than the port authori-
    3  ty,  in competition with those whose tolls or other revenues are pledged
    4  as  aforesaid; provided that nothing herein contained shall be deemed to
    5  refer to the bridge authorized by the act of congress  of  July  eleven,
    6  eighteen  hundred  ninety,  chapter six hundred and sixty-nine, and acts
    7  amendatory thereof and supplemental thereto; and provided  further  that
    8  nothing  herein  contained  shall  preclude  the  authorization  of  the
    9  construction of such competitive tunnels or bridges by other persons  or
   10  bodies  if  and  when  adequate  provision  shall be made by law for the
   11  protection of those advancing money upon such obligations.
   12    2. The bonds or other securities or obligations which may be issued or
   13  incurred by the port authority pursuant to this article, or as  security
   14  for  which there may be pledged the tolls and other revenues or any part
   15  thereof of any vehicular bridge or tunnel (including  the  said  Holland
   16  tunnel  and  the said Midtown Hudson tunnel) now or hereafter authorized
   17  by the two said states or both so issued or incurred and so secured, are
   18  hereby made securities in which all state  and  municipal  officers  and
   19  bodies,  all banks, bankers, trust companies, savings banks, savings and
   20  loan associations, investment companies and other persons carrying on  a
   21  banking  business,  all  insurance companies, insurance associations and
   22  other persons carrying on an insurance business, and all administrators,
   23  executors, guardians, trustees  and  other  fiduciaries  and  all  other
   24  persons  whatsoever who are now or may hereafter be authorized to invest
   25  in bonds or other obligations of the state,  may  properly  and  legally
   26  invest  any  funds, including capital, belonging to them or within their
   27  control; and said bonds or other securities or  obligations  are  hereby
   28  made  securities  which  may  properly and legally be deposited with and
   29  shall be received by any state or municipal officer or  agency  for  any
   30  purpose  for  which  the  deposit  of bonds or other obligations of this
   31  state is now or may hereafter be authorized.
   32    S 309. Compact.  1. This section and the preceding  sections  of  this
   33  article,  constitute an agreement between the states of New York and New
   34  Jersey supplementary to the compact between the two states  dated  April
   35  thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
   36  be liberally construed to effectuate the purposes of said compact and of
   37  the comprehensive plan heretofore adopted by the  two  states,  and  any
   38  powers  granted to the port authority by this article shall be deemed to
   39  be in aid of and supplementary to and in no case a limitation  upon  the
   40  powers  heretofore  vested  in the port authority by the two said states
   41  and/or by congress, except as herein otherwise provided.
   42    2. Any declarations contained in this  article  with  respect  to  the
   43  governmental  nature  of  bridges  and  tunnels  and to the exemption of
   44  bridge and tunnel property from taxation and to the  discretion  of  the
   45  port authority with respect to bridge and tunnel operations shall not be
   46  construed to imply that other port authority property and operations are
   47  not  of  a governmental nature, or that they are subject to taxation, or
   48  that the determinations of the port authority with respect  thereto  are
   49  not conclusive.
   50    3.  The  powers vested in the port authority herein (including but not
   51  limited to the powers to acquire real property by  condemnation  and  to
   52  make  or effectuate additions, improvements, approaches and connections)
   53  shall be continuing powers and no exercise thereof shall  be  deemed  to
   54  exhaust them or any of them.
   55    4.  Nothing herein contained shall be construed to affect, diminish or
   56  impair the rights and obligations created by, or to repeal  any  of  the
       A. 7413                            29
    1  provisions  of  chapter  three  hundred and fifty-two of the laws of New
    2  Jersey of nineteen hundred twenty and chapter two hundred and  sixty-two
    3  of the laws of New Jersey of nineteen hundred twenty-four.
    4    5.  If,  however,  any loss shall be suffered by or accrue to the said
    5  sinking fund, and if, after the  making  of  the  payment  by  the  port
    6  authority  to  the  state  of  New  Jersey as hereinbefore provided, the
    7  moneys in the said sinking fund shall at any time be or become less than
    8  an amount equal to the principal amount of the then currently  outstand-
    9  ing  New Jersey Camden bridge-Holland tunnel bonds, or if the income and
   10  interest currently received from or currently accruing upon  the  moneys
   11  in  the  said  sinking  fund  shall be or become insufficient to pay the
   12  interest currently accruing upon or currently payable in connection with
   13  the aforesaid New Jersey Camden bridge-Holland tunnel bonds,  the  state
   14  of New Jersey represents and agrees that it will make good such deficits
   15  out of sources other than revenues from the said Holland tunnel.
   16    6.  The  said payment by the port authority to the state of New Jersey
   17  constitutes repayment for all  moneys  contributed  by  the  said  state
   18  toward  the  cost  of construction of the said Holland tunnel, including
   19  the moneys diverted and appropriated by chapter three hundred and  nine-
   20  teen  of the laws of New Jersey of nineteen hundred twenty-six and chap-
   21  ter fifty-eight of the laws of New Jersey of  nineteen  hundred  twenty-
   22  seven  from the road fund, created by chapter fifteen of the laws of New
   23  Jersey of nineteen hundred seventeen. The requirement of chapter  fifty-
   24  eight  of  the  laws of New Jersey of nineteen hundred twenty-seven that
   25  the said moneys diverted and appropriated by the said  statutes  of  the
   26  state  of  New  Jersey  shall  be returned and credited to the said road
   27  fund, with interest, shall be and shall be deemed to  be  satisfied  and
   28  discharged  so far as it relates to the revenues arising from the opera-
   29  tion of the said Holland tunnel.
   30    7. The provisions of this section  shall  constitute  a  covenant  and
   31  agreement  by  the  state  of New York with the state of New Jersey, the
   32  port authority and the holders of any bonds or other obligations of  the
   33  port  authority,  as  security  for which the tolls and revenues of said
   34  Holland tunnel may be pledged.
   35    8. Nothing herein contained shall be construed to impair  in  any  way
   36  the  obligation  of the port authority to repay to the two states any or
   37  all advances made by them  to  the  port  authority  in  aid  of  bridge
   38  construction.
   39                                 ARTICLE IV
   40            THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
   41                             NEW JERSEY COMPACT
   42                                   PART I
   43  Section 400. Compact.
   44          401. Findings and declarations.
   45          402. Definitions.
   46          403. Waterfront  and  airport  commission  of  New  York and New
   47                 Jersey.
   48          404. General powers of commission.
   49          405. Pier superintendent and hiring agents.
   50          406. Stevedores.
   51          407. Prohibition of public loading.
   52          408. Longshoreman.
   53          409. Regularization of longshoremen's employment.
   54          410. Port watchmen.
   55          411. Hearings, determinations and review.
       A. 7413                            30
    1          412. Employment information centers.
    2          413. Expenses of administration.
    3          414. General violations; prosecutions; penalties
    4          415. Collective bargaining safeguarded.
    5          416. Amendments; construction; short title.
    6                                          PART II
    7          417. Waterfront commission compact.
    8          418. Expenses of administration.
    9          419. Reimbursement.
   10          420. Penalties.
   11          421. Federal funds.
   12          422. Supplementary definitions.
   13          423. Additional powers of the commission.
   14          424. Regularization of longshoremen's employment.
   15          425. Additional violations.
   16          426. Hearings.
   17          427. Denial of applications.
   18          428. Revocation of licenses and registrations.
   19          429. Removal of port watchmen's ineligibility.
   20          430. Petition for order to remove an ineligibility.
   21          431. Denial of stevedore applications.
   22          432. Checkers.
   23          433. Supplementary violations.
   24          434. Suspension  or  acceptance of applications for inclusion in
   25                 longshoremen's register; exceptions.
   26          435. Temporary suspension of  permits,  licenses  and  registra-
   27                 tions.
   28          436. Continuance of port watchmen's licenses.
   29          437. Regularization of port watchmen's employment.
   30          438. Duration of stevedore's license.
   31          439. Implementation  of  telecommunications  hiring  system  for
   32                 longshoremen and checkers and registration of  telecommu-
   33                 nications system controller.
   34                                          PART III
   35          440. Commission established for New York state.
   36          441. Prohibition against loitering.
   37          442. Prohibition   against  union  having  officers,  agents  or
   38                 employees who have been convicted of certain  crimes  and
   39                 offenses.
   40          443. Exception to section 442 for certain employees.
   41                                          PART IV
   42          444. Compact.
   43          445. Findings and declarations.
   44          446. Definitions.
   45          447. General powers of the commission.
   46          448. Airfreightmen and airfreightman supervisors.
   47          449. Air freight terminal operators; air freight truck carriers;
   48                 and airfreightmen labor relations consultants.
   49          450. Air freight security area.
   50          451. Hearings, determinations and review.
       A. 7413                            31
    1          452. Expenses of administration.
    2          453. General violations; prosecutions; penalties.
    3          454. Amendments; construction; short title.
    4                                           PART V
    5          455. Prohibition  against  unions  having  officers,  agents  or
    6                 employees who have been convicted of certain  crimes  and
    7                 offenses.
    8          456. Prohibition against employer organizations having officers,
    9                 agents,  or  employees who have been convicted of certain
   10                 crimes and offenses.
   11          457. Exceptions to sections four  hundred  fifty-five  and  four
   12                 hundred fifty-six of this part for certain employees.
   13          458. Civil penalties.
   14          459. Civil enforcement.
   15          460. Exemption from arrest and service of process.
   16          461. Nonresident witnesses.
   17          462. Officers and employees.
   18          463. Penalties.
   19          464. Short title.
   20                                   PART I
   21    S 400. Compact. The "waterfront and airport commission of New York and
   22  New Jersey compact" as first enacted by chapter eight hundred eighty-two
   23  of  the laws of nineteen hundred fifty-three is hereby continued to read
   24  as follows. The state of New York hereby agrees with the  state  of  New
   25  Jersey,  upon  the  enactment  by the state of New Jersey of legislation
   26  having the same effect as this section, to the following compact.
   27    S 401. Findings and declarations. The  states  of  New  York  and  New
   28  Jersey  hereby  find  and declare that the conditions under which water-
   29  front labor is employed  within  the  port  of  New  York  district  are
   30  depressing  and  degrading to such labor, resulting from the lack of any
   31  systematic method of hiring, the lack of adequate information as to  the
   32  availability  of  employment, corrupt hiring practices and the fact that
   33  persons conducting such hiring  are  frequently  criminals  and  persons
   34  notoriously lacking in moral character and integrity and neither respon-
   35  sive  or  responsible  to the employers nor to the uncoerced will of the
   36  majority of the members of the labor  organizations  of  the  employees;
   37  that as a result waterfront laborers suffer from irregularity of employ-
   38  ment,  fear and insecurity, inadequate earnings, an unduly high accident
   39  rate, subjection to borrowing at usurious rates of  interest,  exploita-
   40  tion  and  extortion  as  the price of securing employment and a loss of
   41  respect for the law;  that not only does there result a  destruction  of
   42  the  dignity  of  an  important  segment of American labor, but a direct
   43  encouragement of crime which imposes a levy of greatly  increased  costs
   44  on  food,  fuel and other necessaries handled in and through the port of
   45  New York district.
   46    2. The states of New York and New Jersey hereby find and declare  that
   47  many  of the evils above described result not only from the causes above
   48  described but from the practices of public loaders at  piers  and  other
   49  waterfront  terminals;  that such public loaders serve no valid economic
   50  purpose and operate as parasites exacting a high and unwarranted toll on
   51  the flow of commerce in and through the port of New York  district,  and
   52  have  used  force  and  engaged in discriminatory and coercive practices
       A. 7413                            32
    1  including extortion against persons not desiring to employ  them;    and
    2  that  the  function of loading and unloading trucks and other land vehi-
    3  cles  at  piers  and  other  waterfront  terminals  can  and  should  be
    4  performed,  as in every other major American port, without the evils and
    5  abuses of the public loader system, and by the carriers  of  freight  by
    6  water,  stevedores  and  operators  of  such  piers and other waterfront
    7  terminals or the operators of such trucks or other land vehicles.
    8    3. The states of New York and New Jersey hereby find and declare  that
    9  many  of the evils above described result not only from the causes above
   10  described but from the lack of regulation of the  occupation  of  steve-
   11  dores;  that such stevedores have engaged in corrupt practices to induce
   12  their  hire  by  carriers of freight by water and to induce officers and
   13  representatives of labor organizations to  betray  their  trust  to  the
   14  members of such labor organizations.
   15    4.  The states of New York and New Jersey hereby find and declare that
   16  the  occupations  of  longshoremen,  stevedores,  pier  superintendents,
   17  hiring  agents  and  port  watchmen  are affected with a public interest
   18  requiring their regulation and that such regulation shall be  deemed  an
   19  exercise of the police power of the two states for the protection of the
   20  public  safety, welfare, prosperity, health, peace and living conditions
   21  of the people of the two states.
   22    S 402. Definitions. As used in this compact:
   23    1. "The port of New York district" shall mean the district created  by
   24  article  II of the compact dated April thirtieth, nineteen hundred twen-
   25  ty-one, between the states of New York and  New  Jersey,  authorized  by
   26  chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
   27  hundred twenty-one and continued by article I of this chapter, and chap-
   28  ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
   29  twenty-one.
   30    2.  "Commission"  shall  mean the waterfront and airport commission of
   31  New York and New Jersey established by section  four  hundred  three  of
   32  this part.
   33    3. "Pier" shall include any wharf, pier, dock or quay.
   34    4.  "Other  waterfront terminal" shall include any warehouse, depot or
   35  other terminal (other than a pier) which is located within one  thousand
   36  yards of any pier in the port of New York district and which is used for
   37  waterborne freight in whole or substantial part.
   38    5. "Person" shall mean not only a natural person but also any partner-
   39  ship,  joint venture, association, corporation or any other legal entity
   40  but shall not include the United States, any state or territory  thereof
   41  or  any  department,  division, board, commission or authority of one or
   42  more of the foregoing.
   43    6. "Carrier of freight by water" shall mean  any  person  who  may  be
   44  engaged or who may hold himself out as willing to be engaged, whether as
   45  a  common  carrier,  as  a  contract  carrier  or  otherwise (except for
   46  carriage of liquid cargoes in bulk in  tank  vessels  designed  for  use
   47  exclusively  in  such  service  or  carriage  by  barge  of bulk cargoes
   48  consisting of only a single commodity loaded or carried without wrappers
   49  or containers and delivered by the carrier without  transportation  mark
   50  or  count)  in the carriage of freight by water between any point in the
   51  port of New York district and a point outside said district.
   52    7. "Waterborne freight" shall mean freight carried by or consigned for
   53  carriage by carriers of freight by water.
   54    8. "Longshoreman" shall mean a natural person,  other  than  a  hiring
   55  agent,  who is employed for work at a pier or other waterfront terminal,
   56  either by a carrier of freight by water or by a stevedore:
       A. 7413                            33
    1    (a) physically to move waterborne freight on vessels berthed at piers,
    2  on piers or at other waterfront terminals, or
    3    (b)  to engage in direct and immediate checking of any such freight or
    4  of the custodial accounting therefor or in the recording  or  tabulation
    5  of  the  hours  worked at piers or other waterfront terminals by natural
    6  persons employed by carriers of freight by water or stevedores, or
    7    (c) to supervise directly and immediately others who are  employed  as
    8  in subdivision (a) of this section.
    9    9.  "Pier  superintendent"  shall mean any natural person other than a
   10  longshoreman who is employed for work at  a  pier  or  other  waterfront
   11  terminal  by a carrier of freight by water or a stevedore and whose work
   12  at such pier or other  waterfront  terminal  includes  the  supervision,
   13  directly or indirectly, of the work of longshoremen.
   14    10.  "Port  watchman"  shall include any watchman, gateman, roundsman,
   15  detective, guard, guardian or protector  of  property  employed  by  the
   16  operator  of  any  pier  or other waterfront terminal or by a carrier of
   17  freight by water to perform services in such capacity  on  any  pier  or
   18  other waterfront terminal.
   19    11.  "Longshoremen's  register"  shall  mean  the register of eligible
   20  longshoremen compiled and  maintained  by  the  commission  pursuant  to
   21  section four hundred eight of this part.
   22    12.  "Stevedore"  shall  mean a contractor (not including an employee)
   23  engaged for compensation pursuant to a contract or  arrangement  with  a
   24  carrier  of  freight  by  water, in moving waterborne freight carried or
   25  consigned for carriage by  such  carrier  on  vessels  of  such  carrier
   26  berthed at piers, on piers at which such vessels are berthed or at other
   27  waterfront terminals.
   28    13.  "Hiring  agent" shall mean any natural person, who on behalf of a
   29  carrier of freight by water or a stevedore shall select any longshoreman
   30  for employment.
   31    14. "Compact"  shall  mean  this  compact  and  rules  or  regulations
   32  lawfully promulgated thereunder.
   33    S  403.  Waterfront and airport commission of New York and New Jersey.
   34  1. There is hereby created the waterfront and airport commission of  New
   35  York  and  New  Jersey,  which shall be a body corporate and politic, an
   36  instrumentality of the states of New York and New Jersey.
   37    2. The commission shall consist of four members, two to be  chosen  by
   38  the  state  of New Jersey and two to be chosen by the state of New York.
   39  The members representing each state shall be appointed by  the  governor
   40  of such state with the advice and consent of the senate thereof, without
   41  regard  to  the  state  of  residence of such members, and shall receive
   42  compensation to be fixed by the governor of such state.    The  term  of
   43  office  of  each member shall be for four years; provided, however, that
   44  the two present members of the  commission  heretofore  appointed  shall
   45  continue  to  serve  as  members  until the expiration of the respective
   46  terms for which they were appointed,  that  the  term  of  the  two  new
   47  members  shall expire on June thirtieth, nineteen hundred seventy-three,
   48  and that the term of the successors to the present members shall  expire
   49  on  June  thirtieth,  nineteen hundred seventy-five.   Each member shall
   50  hold office until  his  successor  has  been  appointed  and  qualified.
   51  Vacancies  in  office  shall  be filled for the balance of the unexpired
   52  term in the same manner as original appointments.
   53    3. Three members of the commission shall constitute a quorum;  but the
   54  commission shall act only by a majority vote of all its  members.    Any
   55  member may, by written instrument filed in the office of the commission,
   56  designate  any officer or employee of the commission to act in his place
       A. 7413                            34
    1  as a member whenever he shall be unable  to  attend  a  meeting  of  the
    2  commission.    A vacancy in the office of a member shall not impair such
    3  designation until the vacancy shall have been filled.    The  commission
    4  shall  elect  one  of its members to serve as chairman for a term of one
    5  year;  provided, however, that the term  of  the  first  chairman  shall
    6  expire  on  June  thirtieth, nineteen hundred seventy-one.  The chairman
    7  shall represent a state other than the state represented  by  the  imme-
    8  diately preceding chairman.
    9    S  404.  General  powers of commission.  In addition to the powers and
   10  duties elsewhere prescribed in this compact, the commission  shall  have
   11  the power:
   12    1. To sue and be sued;
   13    2. To have a seal and alter the same at pleasure;
   14    3. To acquire, hold and dispose of real and personal property by gift,
   15  purchase,  lease,  license  or  other  similar manner, for its corporate
   16  purposes;
   17    4. To determine the location, size and suitability  of  accommodations
   18  necessary  and  desirable  for  the establishment and maintenance of the
   19  employment information centers provided in section four  hundred  twelve
   20  of this part and for administrative offices for the commission;
   21    5.  To  appoint  such  officers,  agents  and employees as it may deem
   22  necessary, prescribe their powers, duties  and  qualifications  and  fix
   23  their compensation and retain and employ counsel and private consultants
   24  on a contract basis or otherwise;
   25    6. To administer and enforce the provisions of this compact;
   26    7.  To  make  and enforce such rules and regulations as the commission
   27  may deem necessary to effectuate the purposes  of  this  compact  or  to
   28  prevent  the  circumvention  or  evasion  thereof,  to be effective upon
   29  publication in the manner which the commission shall prescribe and  upon
   30  filing  in the office of the secretary of state of each state.  A certi-
   31  fied copy of any such  rules  and  regulations,  attested  as  true  and
   32  correct  by the commission, shall be presumptive evidence of the regular
   33  making, adoption, approval and publication thereof;
   34    8. By its members and its properly  designated  officers,  agents  and
   35  employees, to administer oaths and issue subpoenas to compel the attend-
   36  ance  of  witnesses  and  the  giving of testimony and the production of
   37  other evidence;
   38    9. To have for its  members  and  its  properly  designated  officers,
   39  agents  and  employees,  full and free access, ingress and egress to and
   40  from all vessels, piers and other waterfront terminals or  other  places
   41  in  the port of New York district, for the purposes of making inspection
   42  or enforcing the provisions of  this  compact;    and  no  person  shall
   43  obstruct or in any way interfere with any such member, officer, employee
   44  or  agent in the making of such inspection, or in the enforcement of the
   45  provisions of this compact or in the performance of any other  power  or
   46  duty under this compact;
   47    10.  To  recover possession of any suspended or revoked license issued
   48  under this compact;
   49    11. To make investigations, collect and compile information concerning
   50  waterfront practices generally within the port of New York district  and
   51  upon  all  matters  relating  to the accomplishment of the objectives of
   52  this compact;
   53    12. To advise and consult with representatives of labor  and  industry
   54  and  with  public officials and agencies concerned with the effectuation
   55  of the purposes of this compact, upon all matters which  the  commission
   56  may desire, including but not limited to the form and substance of rules
       A. 7413                            35
    1  and  regulations,  the administration of the compact, maintenance of the
    2  longshoremen's register, and issuance and revocation of licenses;
    3    13. To make annual and other reports to the governors and legislatures
    4  of  both  states  containing  recommendations for the improvement of the
    5  conditions of waterfront labor within the port of New York district, for
    6  the alleviation of the evils described in section four  hundred  one  of
    7  this  part  and  for  the  effectuation of the purposes of this compact.
    8  Such annual reports shall state the commission's  finding  and  determi-
    9  nation  as  to  whether  the  public  necessity still exists for (a) the
   10  continued registration of longshoremen, (b) the continued  licensing  of
   11  any  occupation  or employment required to be licensed hereunder and (c)
   12  the continued public operation of  the  employment  information  centers
   13  provided for in section four hundred twelve of this part.
   14    14.  To  cooperate  with  and  receive  from any department, division,
   15  bureau, board, commission, or agency of either or both states, or of any
   16  county or municipality thereof, such assistance and data as will  enable
   17  it  properly  to  carry  out  its  powers and duties hereunder;   and to
   18  request any such department, division,  bureau,  board,  commission,  or
   19  agency,  with  the consent thereof, to execute such of its functions and
   20  powers, as the public interest may require.
   21    15. The powers and duties of the commission may be exercised by  offi-
   22  cers,  employees and agents designated by them, except the power to make
   23  rules and regulations.  The commission shall have such additional powers
   24  and duties as may hereafter be delegated to or imposed upon it from time
   25  to time by the action of the legislature of either state concurred in by
   26  the legislature of the other.
   27    S 405. Pier superintendents and hiring agents.   1. On  or  after  the
   28  first day of December, nineteen hundred fifty-three, no person shall act
   29  as  a  pier  superintendent  or as a hiring agent within the port of New
   30  York district without  first  having  obtained  from  the  commission  a
   31  license  to act as such pier superintendent or hiring agent, as the case
   32  may be, and no person shall employ or engage another person to act as  a
   33  pier superintendent or hiring agent who is not so licensed.
   34    2.  A license to act as a pier superintendent or hiring agent shall be
   35  issued only upon the written application,  under  oath,  of  the  person
   36  proposing  to employ or engage another person to act as such pier super-
   37  intendent or hiring agent, verified by the prospective  licensee  as  to
   38  the matters concerning him, and shall state the following:
   39    (a) The full name and business address of the applicant;
   40    (b)  The  full  name,  residence, business address (if any), place and
   41  date of birth and social security number of the prospective licensee;
   42    (c) The present and previous occupations of the prospective  licensee,
   43  including  the places where he was employed and the names of his employ-
   44  ers;
   45    (d) Such further facts and evidence as may be required by the  commis-
   46  sion  to ascertain the character, integrity and identity of the prospec-
   47  tive licensee;  and
   48    (e) That if a license is  issued  to  the  prospective  licensee,  the
   49  applicant  will  employ  such  licensee as pier superintendent or hiring
   50  agent, as the case may be.
   51    3. No such license shall be granted
   52    (a) Unless the commission shall  be  satisfied  that  the  prospective
   53  licensee possesses good character and integrity;
   54    (b)  If  the prospective licensee has, without subsequent pardon, been
   55  convicted by a court of the United States, or  any  state  or  territory
   56  thereof,  of  the commission of, or the attempt or conspiracy to commit,
       A. 7413                            36
    1  treason, murder, manslaughter or any felony or high misdemeanor  or  any
    2  of  the following misdemeanors or offenses: illegally using, carrying or
    3  possessing a pistol or other  dangerous  weapon;  making  or  possessing
    4  burglar's  instruments;  buying  or  receiving stolen property; unlawful
    5  entry of a building; aiding an escape from prison;  unlawfully  possess-
    6  ing,  possessing  with  intent  to distribute, sale or distribution of a
    7  controlled dangerous substance (controlled substance) or, in New Jersey,
    8  a controlled dangerous substance analog (controlled  substance  analog);
    9  and  violation of this compact. Any such prospective licensee ineligible
   10  for a license by reason of any such conviction may  submit  satisfactory
   11  evidence  to  the  commission  that he has for a period of not less than
   12  five years, measured as hereinafter provided, and  up  to  the  time  of
   13  application,  so  conducted  himself  as  to  warrant  the grant of such
   14  license, in which event the commission may, in its discretion, issue  an
   15  order  removing  such  ineligibility. The aforesaid period of five years
   16  shall be measured either from the date of payment of  any  fine  imposed
   17  upon  such  person or the suspension of sentence or from the date of his
   18  unrevoked release from custody by parole, commutation or termination  of
   19  his sentence;
   20    (c)  If  the  prospective licensee knowingly or wilfully advocates the
   21  desirability of overthrowing or destroying the government of the  United
   22  States  by force or violence or shall be a member of a group which advo-
   23  cates such desirability, knowing the purposes of such group include such
   24  advocacy.
   25    4. When the application shall have  been  examined  and  such  further
   26  inquiry  and  investigation made as the commission shall deem proper and
   27  when the commission shall be satisfied therefrom  that  the  prospective
   28  licensee  possesses  the  qualifications  and requirements prescribed in
   29  this section, the commission shall issue and deliver to the  prospective
   30  licensee a license to act as pier superintendent or hiring agent for the
   31  applicant,  as  the  case  may be, and shall inform the applicant of his
   32  action.  The commission may issue a temporary permit to any  prospective
   33  licensee  for  a  license  under  the provisions of this section pending
   34  final action on an application made for such a license.  Any such permit
   35  shall be valid for a period not in excess of thirty days.
   36    5. No person shall be licensed to act  as  a  pier  superintendent  or
   37  hiring  agent  for  more  than  one employer, except at a single pier or
   38  other  waterfront  terminal,  but  nothing  in  this  section  shall  be
   39  construed  to  limit  in  any  way the number of pier superintendents or
   40  hiring agents any employer may employ.
   41    6. A license granted pursuant to this section shall  continue  through
   42  the duration of the licensee's employment by the employer who shall have
   43  applied for his license.
   44    7.  Any  license  issued  pursuant  to  this section may be revoked or
   45  suspended for such period as the commission deems in the public interest
   46  or the licensee thereunder may be reprimanded for any of  the  following
   47  offenses:
   48    (a)  Conviction of a crime or act by the licensee or other cause which
   49  would require or permit his disqualification from  receiving  a  license
   50  upon original application;
   51    (b)  Fraud, deceit or misrepresentation in securing the license, or in
   52  the conduct of the licensed activity;
   53    (c) Violation of any of the provisions of this section;
   54    (d) Conviction of a crime involving unlawfully possessing,  possession
   55  with  intent to distribute, sale or distribution of a controlled danger-
       A. 7413                            37
    1  ous substance (controlled substance) or, in  New  Jersey,  a  controlled
    2  dangerous substance analog (controlled substance analog);
    3    (e)  Employing,  hiring  or  procuring any person in violation of this
    4  section or inducing or  otherwise  aiding  or  abetting  any  person  to
    5  violate the terms of this section;
    6    (f)  Paying, giving, causing to be paid or given or offering to pay or
    7  give to any person any  valuable  consideration  to  induce  such  other
    8  person  to violate any provision of this section or to induce any public
    9  officer, agent or employee to fail to perform his duty hereunder;
   10    (g) Consorting with known criminals for an unlawful purpose;
   11    (h) Transfer or surrender of possession of the license to  any  person
   12  either temporarily or permanently without satisfactory explanation;
   13    (i) False impersonation of another licensee under this section;
   14    (j) Receipt or solicitation of anything of value from any person other
   15  than  the  licensee's  employer  as  consideration  for the selection or
   16  retention for employment of any longshoreman;
   17    (k) Coercion of a longshoreman by threat of discrimination or violence
   18  or economic reprisal, to make purchases from or to utilize the  services
   19  of any person;
   20    (l)  Lending  any  money to or borrowing any money from a longshoreman
   21  for which there is a charge of interest or other consideration;  and
   22    (m) Membership in a labor organization which  represents  longshoremen
   23  or  port  watchmen;   but nothing in this subdivision shall be deemed to
   24  prohibit pier superintendents or hiring agents from being represented by
   25  a labor organization or organizations which do not also represent  long-
   26  shoremen  or  port  watchmen.    The  American  Federation of Labor, the
   27  Congress of Industrial Organizations and any other  similar  federation,
   28  congress or other organization of national or international occupational
   29  or  industrial  labor organizations shall not be considered an organiza-
   30  tion which represents longshoremen or port watchmen within  the  meaning
   31  of  this  section  although  one  of  the federated or constituent labor
   32  organizations thereof may represent longshoremen or port watchmen.
   33    S 406. Stevedores.  1. On or after the first day of December, nineteen
   34  hundred fifty-three, no person shall act as a stevedore within the  port
   35  of  New  York  district without having first obtained a license from the
   36  commission, and no person shall employ a stevedore to  perform  services
   37  as  such within the port of New York district unless the stevedore is so
   38  licensed.
   39    2. Any person intending to act as a stevedore within the port  of  New
   40  York  district  shall  file  in  the  office of the commission a written
   41  application for a license to engage in such occupation, duly signed  and
   42  verified as follows:
   43    (a)  If  the  applicant  is a natural person, the application shall be
   44  signed and verified by such person and if the applicant  is  a  partner-
   45  ship,  the  application  shall  be  signed  and verified by each natural
   46  person composing or intending to compose such partnership. The  applica-
   47  tion  shall  state  the  full name, age, residence, business address (if
   48  any), present and previous occupations of each natural person so signing
   49  the same, and any other facts and evidence as may  be  required  by  the
   50  commission  to  ascertain  the character, integrity and identity of each
   51  natural person so signing such application.
   52    (b) If the applicant is a corporation, the application shall be signed
   53  and verified by the president,  secretary  and  treasurer  thereof,  and
   54  shall  specify  the  name  of the corporation, the date and place of its
   55  incorporation, the location of its  principal  place  of  business,  the
   56  names and addresses of, and the amount of the stock held by stockholders
       A. 7413                            38
    1  owning  5 per cent or more of any of the stock thereof, and of all offi-
    2  cers (including all members of the board of directors).    The  require-
    3  ments of paragraph (a) of this subdivision as to a natural person who is
    4  a  member of a partnership, and such requirements as may be specified in
    5  rules and regulations promulgated by the commission, shall apply to each
    6  such officer or stockholder and their successors in office  or  interest
    7  as the case may be.
    8    (c)  In the event of the death, resignation or removal of any officer,
    9  and in the event of any change in the list of stockholders who shall own
   10  five per cent or more of the stock of the corporation, the secretary  of
   11  such  corporation shall forthwith give notice of that fact in writing to
   12  the commission, certified by said secretary.
   13    3. No such license shall be granted
   14    (a) If any person whose signature or name appears in  the  application
   15  is  not  the  real party in interest required by subdivision two of this
   16  section to sign or to be identified in the application or if the  person
   17  so  signing or named in the application is an undisclosed agent or trus-
   18  tee for any such real party in interest;
   19    (b) Unless the commission shall be satisfied that  the  applicant  and
   20  all  members,  officers  and stockholders required by subdivision two of
   21  this section to sign or be identified in  the  application  for  license
   22  possess good character and integrity;
   23    (c)  Unless  the  applicant is either a natural person, partnership or
   24  corporation;
   25    (d) Unless the applicant shall be a party to a contract then in  force
   26  or which will take effect upon the issuance of a license, with a carrier
   27  of  freight  by  water for the loading and unloading by the applicant of
   28  one or more vessels of such carrier at a pier within  the  port  of  New
   29  York district;
   30    (e) If the applicant or any member, officer or stockholder required by
   31  subdivision two of this section to sign or be identified in the applica-
   32  tion  for  license  has,  without subsequent pardon, been convicted by a
   33  court of the United States or any state  or  territory  thereof  of  the
   34  commission  of, or the attempt or conspiracy to commit, treason, murder,
   35  manslaughter or any felony or high misdemeanor or any of  the  misdemea-
   36  nors or offenses described in paragraph (b) of subdivision three of this
   37  section.  Any  applicant  ineligible for a license by reason of any such
   38  conviction may submit satisfactory evidence to the commission  that  the
   39  person  whose conviction was the basis of ineligibility has for a period
   40  of not less than five years, measured as hereinafter provided and up  to
   41  the time of application, so conducted himself as to warrant the grant of
   42  such license, in which event the commission may, in its discretion issue
   43  an order removing such ineligibility. The aforesaid period of five years
   44  shall  be  measured  either from the date of payment of any fine imposed
   45  upon such person or the suspension of sentence or from the date  of  his
   46  unrevoked  release from custody by parole, commutation or termination of
   47  his sentence;
   48    (f) If, on or after July  first,  nineteen  hundred  fifty-three,  the
   49  applicant  has paid, given, caused to have been paid or given or offered
   50  to pay or give to any officer or employee of any carrier of  freight  by
   51  water  any valuable consideration for an improper or unlawful purpose or
   52  to induce such person to procure the employment of the applicant by such
   53  carrier for the performance of stevedoring services;
   54    (g) If, on or after July  first,  nineteen  hundred  fifty-three,  the
   55  applicant  has paid, given, caused to be paid or given or offered to pay
   56  or give to any officer or representative of  a  labor  organization  any
       A. 7413                            39
    1  valuable  consideration for an improper or unlawful purpose or to induce
    2  such officer or representative to  subordinate  the  interests  of  such
    3  labor  organization  or  its members in the management of the affairs of
    4  such labor organization to the interests of the applicant.
    5    4.  When  the  application  shall  have been examined and such further
    6  inquiry and investigation made as the commission shall deem  proper  and
    7  when  the  commission  shall  be  satisfied therefrom that the applicant
    8  possesses  the  qualifications  and  requirements  prescribed  in   this
    9  section, the commission shall issue and deliver a license to such appli-
   10  cant.   The commission may issue a temporary permit to any applicant for
   11  a license under the provisions of this article pending final  action  on
   12  an  application made for such a license.  Any such permit shall be valid
   13  for a period not in excess of thirty days.
   14    5. A license granted pursuant to this section shall be for a  term  of
   15  two  years  or fraction of such two year period, and shall expire on the
   16  first day of December of each odd numbered year. In  the  event  of  the
   17  death  of  the  licensee,  if  a  natural  person, or its termination or
   18  dissolution by reason of the death of a partner, if a partnership, or if
   19  the licensee shall cease to be a party  to  any  contract  of  the  type
   20  required  by  paragraph  (d)  of  subdivision three of this section, the
   21  license shall terminate ninety days after such event or upon its expira-
   22  tion date, whichever shall be sooner. A license may be  renewed  by  the
   23  commission  for  successive  two  year  periods upon fulfilling the same
   24  requirements as are set forth in this section for an  original  applica-
   25  tion.
   26    6.  Any  license  issued  pursuant  to  this section may be revoked or
   27  suspended for such period as the commission deems in the public interest
   28  or the licensee thereunder may be reprimanded for any of  the  following
   29  offenses on the part of the licensee or of any person required by subdi-
   30  vision  two  of  this  section  to  sign or be identified in an original
   31  application for a license:
   32    (a) Conviction of a crime or other cause which would permit or require
   33  disqualification of the licensee from receiving a license upon  original
   34  application;
   35    (b)  Fraud,  deceit or misrepresentation in securing the license or in
   36  the conduct of the licensed activity;
   37    (c) Failure by the licensee to maintain a complete set  of  books  and
   38  records  containing  a  true  and  accurate  account  of  the licensee's
   39  receipts and disbursements arising out of his activities within the port
   40  of New York district;
   41    (d) Failure to keep said books and records available  during  business
   42  hours for inspection by the commission and its duly designated represen-
   43  tatives  until  the  expiration of the fifth calendar year following the
   44  calendar year during which occurred the transactions recorded therein;
   45    (e) Any other offense described in paragraphs (c) to (i) inclusive, of
   46  subdivision seven of section four hundred five of this part.
   47    S 407.  Prohibition of public loading.  1. The states of New York  and
   48  New  Jersey  hereby  find  and declare that the transfer of cargo to and
   49  from trucks at piers and other waterfront terminals in the port  of  New
   50  York  district  has  resulted in vicious and notorious abuses by persons
   51  commonly known as "public loaders." There is  compelling  evidence  that
   52  such  persons  have  exacted the payment of exorbitant charges for their
   53  services, real and alleged, and otherwise extorted  large  sums  through
   54  force,  threats  of  violence, unauthorized labor disturbances and other
   55  coercive activities, and that they had been responsible for and  abetted
   56  criminal  activities  on  the  waterfront.    These practices which have
       A. 7413                            40
    1  developed in the port of New York district impose unjustified  costs  on
    2  the  handling of goods in and through the port of New York district, and
    3  increase the prices paid by consumers for food, fuel  and  other  neces-
    4  saries,  and  impair  the  economic  stability  of  the port of New York
    5  district.  It is the sense of the legislatures of the states of New York
    6  and New Jersey that these practices and conditions must be eliminated to
    7  prevent grave injury to the welfare of the people.
    8    2. It is hereby declared to be against the public policy of the states
    9  of New York and New Jersey and to be unlawful for any person to load  or
   10  unload waterborne freight onto or from vehicles other than railroad cars
   11  at  piers  or  at other waterfront terminals within the port of New York
   12  district, for a fee or other  compensation,  other  than  the  following
   13  persons and their employees:
   14    (a)  Carriers  of  freight  by water, but only at piers at which their
   15  vessels are berthed;
   16    (b) Other carriers of freight (including but not limited to  railroads
   17  and  truckers), but only in connection with freight transported or to be
   18  transported by such carriers;
   19    (c) Operators of piers or other waterfront terminals (including  rail-
   20  roads,  truck  terminal  operators, warehousemen and other persons), but
   21  only at piers or other waterfront terminals operated by them;
   22    (d) Shippers or consignees of freight, but  only  in  connection  with
   23  freight shipped by such shipper or consigned to such consignee;
   24    (e)  Stevedores licensed under section four hundred seven of this part
   25  whether or not such waterborne freight has been or is to be  transported
   26  by  a carrier of freight by water with which such stevedore shall have a
   27  contract of the type prescribed by paragraph (d)  of  subdivision  3  of
   28  section 406 of this part.
   29    Nothing herein contained shall be deemed to permit any such loading or
   30  unloading  of  any waterborne freight at any place by any such person by
   31  means of any independent contractor, or any other agent  other  than  an
   32  employee,  unless  such  independent contractor is a person permitted by
   33  this section to load or unload such freight at such  place  in  his  own
   34  right.
   35    S   408.   Longshoremen.   1.   The   commission   shall  establish  a
   36  longshoremen's register in which shall be included all  qualified  long-
   37  shoremen  eligible,  as  hereinafter provided, for employment as such in
   38  the port of New York district. On or after the first  day  of  December,
   39  nineteen  hundred  fifty-three,  no  person  shall act as a longshoreman
   40  within the port of New York district unless at the time he  is  included
   41  in  the  longshoremen's  register, and no person shall employ another to
   42  work as a longshoreman within the port of New York  district  unless  at
   43  the time such other person is included in the longshoremen's register.
   44    2.  Any  person  applying for inclusion in the longshoremen's register
   45  shall file at such place and in such  manner  as  the  commission  shall
   46  designate  a  written  statement,  signed  and  verified by such person,
   47  setting forth his full name, residence address, social security  number,
   48  and  such  further facts and evidence as the commission may prescribe to
   49  establish the identity of such person and his criminal record, if any.
   50    3. The commission may in its discretion deny application for inclusion
   51  in the longshoremen's register by a person
   52    (a) Who has been convicted by a court of  the  United  States  or  any
   53  state  or  territory  thereof,  without  subsequent  pardon, of treason,
   54  murder, manslaughter or of any felony or high misdemeanor or of  any  of
   55  the  misdemeanors  or offenses described in paragraph (b) of subdivision
       A. 7413                            41
    1  three of section 405 of this part or of attempt or conspiracy to  commit
    2  any of such crimes;
    3    (b)  Who  knowingly  or  willingly advocates the desirability of over-
    4  throwing or destroying the government of the United States by  force  or
    5  violence or who shall be a member of a group which advocates such desir-
    6  ability knowing the purposes of such group include such advocacy;
    7    (c)  Whose  presence at the piers or other waterfront terminals in the
    8  port of New York district is found by the commission on the basis of the
    9  facts and evidence before it, to constitute a danger to the public peace
   10  or safety.
   11    4. Unless the commission shall determine to exclude the applicant from
   12  the longshoremen's register on a ground set forth in  subdivision  three
   13  of  this  section  it  shall  include  such person in the longshoremen's
   14  register. The commission may permit temporary registration of any appli-
   15  cant under the provisions of this section pending  final  action  on  an
   16  application made for such registration.  Any such temporary registration
   17  shall be valid for a period not in excess of thirty days.
   18    5.  The  commission  shall  have  power  to reprimand any longshoreman
   19  registered under this section or to remove him from  the  longshoremen's
   20  register  for such period of time as it deems in the public interest for
   21  any of any following offenses:
   22    (a) Conviction of a crime or other cause which would permit  disquali-
   23  fication  of  such  person from inclusion in the longshoremen's register
   24  upon original application;
   25    (b) Fraud, deceit or misrepresentation in securing  inclusion  in  the
   26  longshoremen's register;
   27    (c) Transfer or surrender of possession to any person either temporar-
   28  ily  or  permanently of any card or other means of identification issued
   29  by the commission as evidence of inclusion in the longshoremen's  regis-
   30  ter, without satisfactory explanation;
   31    (d)  False impersonation of another longshoreman registered under this
   32  article or of another person licensed under this compact;
   33    (e) Wilful commission of or wilful attempt to commit at or on a water-
   34  front terminal or adjacent highway any act of  physical  injury  to  any
   35  other  person  or  of  wilful damage to or misappropriation of any other
   36  person's property, unless justified or excused by law;  and
   37    (f) Any other offense described in subdivisions (c) to  (f)  inclusive
   38  of subdivision seven of section four hundred five of this part.
   39    6.  The  commission  shall have the right to recover possession of any
   40  card or other means of identification issued as evidence of inclusion in
   41  the longshoremen's register in the event that  the  holder  thereof  has
   42  been removed from the longshoremen's register.
   43    7.  Nothing  contained  in this article shall be construed to limit in
   44  any way any rights of labor reserved by section four hundred fifteen  of
   45  this part.
   46    S 409. Regularization of longshoremen's employment. 1. On or after the
   47  first  day  of  December,  nineteen  hundred  fifty-four, the commission
   48  shall, at regular intervals, remove from the longshoremen's register any
   49  person who shall have been registered for at least nine months  and  who
   50  shall  have  failed  during  the preceding six calendar months either to
   51  have worked as a longshoreman in the port of New  York  district  or  to
   52  have  applied for employment as a longshoreman at an employment informa-
   53  tion center established under section four hundred twelve of  this  part
   54  for  such  minimum  number of days as shall have been established by the
   55  commission pursuant to subdivision two of this section.
       A. 7413                            42
    1    2. On or before the first day of June, nineteen hundred fifty-four and
    2  on or before each succeeding first day of June or December, the  commis-
    3  sion  shall, for the purposes of subdivision one of this section, estab-
    4  lish for the six-month period beginning on  each  such  date  a  minimum
    5  number of days and the distribution of such days during such period.
    6    3.  In  establishing  any  such  minimum number of days or period, the
    7  commission shall observe the following standards:
    8    (a) To encourage as far  as  practicable  the  regularization  of  the
    9  employment of longshoremen;
   10    (b)  To  bring  the  number of eligible longshoremen more closely into
   11  balance with the demand for longshoremen's services within the  port  of
   12  New  York  district without reducing the number of eligible longshoremen
   13  below that necessary to meet the requirements  of  longshoremen  in  the
   14  port of New York district;
   15    (c)  To eliminate oppressive and evil hiring practices affecting long-
   16  shoremen and waterborne commerce in the port of New York district;
   17    (d) To eliminate unlawful practices  injurious  to  waterfront  labor;
   18  and
   19    (e) To establish hiring practices and conditions which will permit the
   20  termination  of governmental regulation and intervention at the earliest
   21  opportunity.
   22    4. A longshoreman who has been removed from the longshoremen's  regis-
   23  ter  pursuant to this section may seek reinstatement upon fulfilling the
   24  same requirements as for initial inclusion in the longshoremen's  regis-
   25  ter, but not before the expiration of one year from the date of removal,
   26  except  that  immediate  reinstatement shall be made upon proper showing
   27  that the registrant's failure to work or  apply  for  work  the  minimum
   28  number  of  days  above described was caused by the fact that the regis-
   29  trant was engaged in the military service of the United  States  or  was
   30  incapacitated by ill health, physical injury, or other good cause.
   31    5. Notwithstanding any other provision of this section, the commission
   32  shall at any time have the power to register longshoremen on a temporary
   33  basis to meet special or emergency needs.
   34    S  410. Port watchmen. 1. On or after the first day of December, nine-
   35  teen hundred fifty-three, no person shall act as a port watchman  within
   36  the  port  of  New York district without first having obtained a license
   37  from the commission, and no person shall employ a port watchman  who  is
   38  not so licensed.
   39    2. A license to act as a port watchman shall be issued only upon writ-
   40  ten application, duly verified, which shall state the following:
   41    (a)  The  full  name,  residence, business address (if any), place and
   42  date of birth and social security number of the applicant;
   43    (b) The present and previous occupations of the  applicant,  including
   44  the places where he was employed and the names of his employers;
   45    (c) The citizenship of the applicant and, if he is a naturalized citi-
   46  zen of the United States, the court and date of his naturalization;  and
   47    (d)  Such further facts and evidence as may be required by the commis-
   48  sion to ascertain the character, integrity and identity  of  the  appli-
   49  cant.
   50    3. No such license shall be granted
   51    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
   52  possesses good character and integrity;
   53    (b) If the applicant has, without subsequent pardon, been convicted by
   54  a court of the United States or of any state or territory thereof of the
   55  commission of, or the attempt or conspiracy to commit, treason,  murder,
   56  manslaughter  or  any felony or high misdemeanor or any of the misdemea-
       A. 7413                            43
    1  nors or offenses described in paragraph  (b)  of  subdivision  three  of
    2  section four hundred five of this part;
    3    (c) Unless the applicant shall meet such reasonable standards of phys-
    4  ical and mental fitness for the discharge of his duties as may from time
    5  to time be established by the commission;
    6    (d) If the applicant shall be a member of any labor organization which
    7  represents  longshoremen  or  pier superintendents or hiring agents; but
    8  nothing in this section shall be deemed to prohibit port  watchmen  from
    9  being  represented by a labor organization or organizations which do not
   10  also represent longshoremen or pier superintendents  or  hiring  agents.
   11  The  American  Federation of Labor, the Congress of Industrial Organiza-
   12  tions and any other similar federation, congress or  other  organization
   13  of  national or international occupational or industrial labor organiza-
   14  tions shall not be considered an  organization  which  represents  long-
   15  shoremen  or pier superintendents or hiring agents within the meaning of
   16  this article although one of the federated or constituent  labor  organ-
   17  izations  thereof  may represent longshoremen or pier superintendents or
   18  hiring agents;
   19    (e) If the applicant knowingly or wilfully advocates the  desirability
   20  of  overthrowing  or  destroying  the government of the United States by
   21  force or violence or shall be a member of a group which  advocates  such
   22  desirability, knowing the purposes of such group include such advocacy.
   23    4.  When  the  application  shall  have been examined and such further
   24  inquiry and investigation made as the commission shall deem  proper  and
   25  when  the  commission  shall  be  satisfied therefrom that the applicant
   26  possesses the qualifications and requirements prescribed by this section
   27  and regulations issued pursuant thereto, the commission shall issue  and
   28  deliver  a  license to the applicant.  The commission may issue a tempo-
   29  rary permit to any applicant for a license under the provisions of  this
   30  section  pending final action on an application made for such a license.
   31  Any such permit shall be valid for a period  not  in  excess  of  thirty
   32  days.
   33    5.  A  license  granted  pursuant to this section shall continue for a
   34  term of three years.  A license may be renewed  by  the  commission  for
   35  successive  three-year  periods upon fulfilling the same requirements as
   36  are set forth in this section for an original application.
   37    6. Any license issued pursuant to  this  section  may  be  revoked  or
   38  suspended for such period as the commission deems in the public interest
   39  or  the  licensee thereunder may be reprimanded for any of the following
   40  offenses:
   41    (a) Conviction of a crime or other cause which would permit or require
   42  his disqualification from receiving a license upon original application;
   43    (b) Fraud, deceit or misrepresentation in securing the license;  and
   44    (c) Any other offense described in subdivisions (c) to (i), inclusive,
   45  of subdivision seven of section four hundred five of this part.
   46    S 411. Hearings, determinations and review. 1.  The  commission  shall
   47  not  deny  any  application for a license or registration without giving
   48  the applicant or prospective licensee reasonable  prior  notice  and  an
   49  opportunity to be heard.
   50    2.   Any   application   for   a  license  or  for  inclusion  in  the
   51  longshoremen's register, and any license issued  or  registration  made,
   52  may be denied, revoked, cancelled, suspended as the case may be, only in
   53  the manner prescribed in this section.
   54    3.  The  commission  may  on its own initiative or on complaint of any
   55  person, including any public official or agency,  institute  proceedings
   56  to revoke, cancel or suspend any license or registration after a hearing
       A. 7413                            44
    1  at which the licensee or registrant and any person making such complaint
    2  shall  be  given  an opportunity to be heard, provided that any order of
    3  the commission revoking, cancelling or suspending any license or  regis-
    4  tration  shall not become effective until fifteen days subsequent to the
    5  serving of notice thereof upon the licensee or registrant unless in  the
    6  opinion of the commission the continuance of the license or registration
    7  for such period would be inimicable to the public peace or safety.  Such
    8  hearings  shall  be  held  in such manner and upon such notice as may be
    9  prescribed by the rules of the commission, but such notice shall  be  of
   10  not less than ten days and shall state the nature of the complaint.
   11    4.  Pending  the determination of such hearing pursuant to subdivision
   12  three of this section the commission may temporarily suspend  a  license
   13  or  registration  if in the opinion of the commission the continuance of
   14  the license or registration for such period is inimicable to the  public
   15  peace or safety.
   16    5.  The  commission, or such member, officer, employee or agent of the
   17  commission as may be designated by  the  commission  for  such  purpose,
   18  shall  have  the  power  to  issue subpoenas to compel the attendance of
   19  witnesses and the giving of testimony or production  of  other  evidence
   20  and to administer oaths in connection with any such hearing. It shall be
   21  the  duty  of the commission or of any such member, officer, employee or
   22  agent of the commission designated by the commission for such purpose to
   23  issue subpoenas at the request of  and  upon  behalf  of  the  licensee,
   24  registrant  or  applicant.  The commission or such person conducting the
   25  hearing shall not be bound by common law or statutory rules of  evidence
   26  or  by  technical  or  formal  rules of procedure in the conduct of such
   27  hearing.
   28    6. Upon the conclusion of the hearing, the commission shall take  such
   29  action upon such findings and determination as it deems proper and shall
   30  execute  an order carrying such findings into effect.  The action in the
   31  case of an application for a license or registration shall be the grant-
   32  ing or denial thereof.  The action in the case of a  licensee  shall  be
   33  revocation  of  the  license or suspension thereof for a fixed period or
   34  reprimand or a dismissal of the charges.  The action in the  case  of  a
   35  registered  longshoreman shall be dismissal of the charges, reprimand or
   36  removal from the longshoremen's register for a fixed  period  or  perma-
   37  nently.
   38    7.  The  action  of  the  commission  in denying any application for a
   39  license or in refusing to  include  any  person  in  the  longshoremen's
   40  register under this compact or in suspending or revoking such license or
   41  removing  any person from the longshoremen's register or in reprimanding
   42  a licensee or registrant shall  be  subject  to  judicial  review  by  a
   43  proceeding  instituted in either state at the instance of the applicant,
   44  licensee or registrant in the manner provided by the law of  such  state
   45  for review of the final decision or action of administrative agencies of
   46  such  state, provided, however, that notwithstanding any other provision
   47  of law the court shall have power to stay for not more than thirty  days
   48  an  order of the commission suspending or revoking a license or removing
   49  a longshoreman from the longshoremen's register.
   50    S 412. Employment information centers. 1. The states of New  York  and
   51  New  Jersey  hereby  find  and  declare that the method of employment of
   52  longshoremen and port watchmen in the port of New York district, common-
   53  ly known as the  "shape-up",  has  resulted  in  vicious  and  notorious
   54  abuses,  of which such employees have been the principal victims.  There
   55  is compelling evidence that the "shape-up" has permitted and  encouraged
   56  extortion  from  employees as the price of securing or retaining employ-
       A. 7413                            45
    1  ment and has subjected such employees to threats of violence,  unwilling
    2  joinder  in  unauthorized  labor disturbances and criminal activities on
    3  the waterfront.  The "shape-up" has thus resulted in a loss of fundamen-
    4  tal  rights  and liberties of labor, has impaired the economic stability
    5  of the port of New York district and weakened law  enforcement  therein.
    6  It  is  the  sense of the legislatures of the states of New York and New
    7  Jersey that these practices and conditions must be eliminated to prevent
    8  grave injury to the welfare of waterfront laborers and of the people  at
    9  large  and  that the elimination of the "shape-up" and the establishment
   10  of a system  of  employment  information  centers  are  necessary  to  a
   11  solution of these public problems.
   12    2.  The commission shall establish and maintain one or more employment
   13  information centers in each state within the port of New  York  district
   14  at  such  locations  as it may determine.   No person shall, directly or
   15  indirectly, hire any person for work as a longshoreman or port  watchman
   16  within  the  port  of  New York district, except through such particular
   17  employment information center or centers as may  be  prescribed  by  the
   18  commission.   No person shall accept any employment as a longshoreman or
   19  port watchman within the port of New York district, except through  such
   20  an  employment  information center.  At each such employment information
   21  center the commission shall keep and exhibit the longshoremen's register
   22  and any other records it shall determine to the  end  that  longshoremen
   23  and  port  watchmen  shall  have the maximum information as to available
   24  employment as such at any time within the port of New York district  and
   25  to  the  end  that  employers shall have an adequate opportunity to fill
   26  their requirements of registered longshoremen and port watchmen  at  all
   27  times.
   28    3.  Every employer of longshoremen or port watchmen within the port of
   29  New York district shall furnish such information as may be  required  by
   30  the  rules  and  regulations prescribed by the commission with regard to
   31  the name of each person hired as a longshoreman or  port  watchman,  the
   32  time  and  place  of  hiring, the time, place and hours of work, and the
   33  compensation therefor.
   34    4. All wage payments to longshoremen or port watchmen for work as such
   35  shall be made by check or cash evidenced by a written voucher  receipted
   36  by  the person to whom such cash is paid. The commission may arrange for
   37  the provision of facilities for cashing such checks.
   38    S 413.  Expenses  of  administration.  1.  By  concurrent  legislation
   39  enacted  by  their  respective  legislatures, the two states may provide
   40  from time to time for meeting the commission's expenses.    Until  other
   41  provision shall be made, such expense shall be met as authorized in this
   42  section.
   43    2.  The  commission  shall annually adopt a budget of its expenses for
   44  each year.  Each budget shall be submitted to the governors of  the  two
   45  states  and shall take effect as submitted provided that either governor
   46  may within thirty days disapprove or reduce any item or items,  and  the
   47  budget shall be adjusted accordingly.
   48    3. After taking into account such funds as may be available to it from
   49  reserves,  federal  grants or otherwise, the balance of the commission's
   50  budgeted expenses shall be assessed upon employers of persons registered
   51  or licensed under this compact. Each such  employer  shall  pay  to  the
   52  commission  as  assessment computed upon the gross payroll payments made
   53  by such employer to longshoremen, pier  superintendents,  hiring  agents
   54  and  port  watchmen  for  work or labor performed within the port of New
   55  York district, at a rate, not in excess of two per cent, computed by the
   56  commission in the following manner; the commission shall annually  esti-
       A. 7413                            46
    1  mate  the  gross  payroll  payments  to  be made by employers subject to
    2  assessment and shall compute a rate thereon which  will  yield  revenues
    3  sufficient to finance the commission's budget for each year.  Such budg-
    4  et  may  include a reasonable amount for a reserve but such amount shall
    5  not exceed ten per cent of the total of all other items  of  expenditure
    6  contained  therein.  Such reserve shall be used for the stabilization of
    7  annual assessments, the payment of operating deficits and for the repay-
    8  ment of advances made by the two states.
    9    4. The amount required to balance the commission's budget,  in  excess
   10  of  the estimated yield of the maximum assessment, shall be certified by
   11  the commission, with the approval of the respective  governors,  to  the
   12  legislatures  of  the two states, in proportion to the gross annual wage
   13  payments made to longshoremen for work in each state within the port  of
   14  New  York district.   The legislatures shall annually appropriate to the
   15  commission the amount so certified.
   16    5. The commission may provide by regulation  for  the  collection  and
   17  auditing  of  assessments.   Such assessments hereunder shall be payable
   18  pursuant to such provisions for administration, collection and  enforce-
   19  ment  as  the states may provide by concurrent legislation.  In addition
   20  to any other sanction provided by law,  the  commission  may  revoke  or
   21  suspend any license held by any person under this compact, or his privi-
   22  lege of employing persons registered or licensed hereunder, for non-pay-
   23  ment of any assessment when due.
   24    6.  The  assessment hereunder shall be in lieu of any other charge for
   25  the issuance of licenses to  stevedores,  pier  superintendents,  hiring
   26  agents  and pier watchmen or for the registration of longshoremen or the
   27  use of an employment information center.  The commission shall establish
   28  reasonable procedures for the  consideration  of  protests  by  affected
   29  employers  concerning  the  estimates  and  computation  of  the rate of
   30  assessment.
   31    S 414. General violations; prosecutions; penalties.  1. The failure of
   32  any witness, when duly subpoenaed to attend, give testimony  or  produce
   33  other  evidence, whether or not at a hearing, shall be punishable by the
   34  superior court in New Jersey and the supreme court in New  York  in  the
   35  same manner as said failure is punishable by such court in a case there-
   36  in pending.
   37    2.  Any  person who, having been sworn or affirmed as a witness in any
   38  such hearing, shall wilfully give false testimony or who shall  wilfully
   39  make  or  file  any  false or fraudulent report or statement required by
   40  this compact to be made or filed under oath, shall be guilty of a misde-
   41  meanor, punishable by a fine of not more than one  thousand  dollars  or
   42  imprisonment for not more than one year or both.
   43    3.  Any  person  who  violates or attempts or conspires to violate any
   44  other provision of this compact shall be punishable as may  be  provided
   45  by the two states by action of the legislature of either state concurred
   46  in by the legislature of the other.
   47    4.  Any person who interferes with or impedes the orderly registration
   48  of longshoremen pursuant to this compact or who conspires to or attempts
   49  to interfere with or impede such registration shall be punishable as may
   50  be provided by the two states by action of  the  legislature  of  either
   51  state concurred in by the legislature of the other.
   52    5.  Any  person  who  directly  or indirectly inflicts or threatens to
   53  inflict any injury, damage, harm or loss or in any  other  manner  prac-
   54  tices  intimidation  upon  or  against  any person in order to induce or
   55  compel such person or any  other  person  to  refrain  from  registering
   56  pursuant  to  this compact shall be punishable as may be provided by the
       A. 7413                            47
    1  two states by action of the legislature of either state concurred in  by
    2  the legislature of the other.
    3    6.  In  any  prosecution under this compact, it shall be sufficient to
    4  prove only a single act (or a single holding out or attempt)  prohibited
    5  by law, without having to prove a general course of conduct, in order to
    6  prove a violation.
    7    S  415.  Collective  bargaining  safeguarded.   1. This compact is not
    8  designed and shall not be construed to  limit  in  any  way  any  rights
    9  granted or derived from any other statute or any rule of law for employ-
   10  ees  to  organize in labor organizations, to bargain collectively and to
   11  act in any other  way  individually,  collectively,  and  through  labor
   12  organizations  or  other representatives of their own choosing.  Without
   13  limiting the generality of the  foregoing,  nothing  contained  in  this
   14  compact shall be construed to limit in any way the right of employees to
   15  strike.
   16    2. This compact is not designed and shall not be construed to limit in
   17  any  way any rights of longshoremen, hiring agents, pier superintendents
   18  or port watchmen or their employers to bargain  collectively  and  agree
   19  upon any method for the selection of such employees by way of seniority,
   20  experience,  regular  gangs  or  otherwise, provided that such employees
   21  shall be licensed or registered hereunder and such longshoremen and port
   22  watchmen shall be hired only through the employment information  centers
   23  established  hereunder  and that all other provisions of this compact be
   24  observed.
   25    S 416. Amendments; construction;  short  title.    1.  Amendments  and
   26  supplements  to  this  compact  to implement the purposes thereof may be
   27  adopted by the action of the legislature of either state concurred in by
   28  the legislature of the other.
   29    2. If any part or provision of this compact or the application thereof
   30  to any person or circumstances be  adjudged  invalid  by  any  court  of
   31  competent jurisdiction, such judgment shall be confined in its operation
   32  to  the  part, provision or application directly involved in the contro-
   33  versy in which such judgment shall have  been  rendered  and  shall  not
   34  affect  or  impair  the validity of the remainder of this compact or the
   35  application thereof to other persons or circumstances and the two states
   36  hereby declare that they would have entered into  this  compact  or  the
   37  remainder  thereof  had  the invalidity of such provision or application
   38  thereof been apparent.
   39    3. In accordance with the ordinary rules for  construction  of  inter-
   40  state  compacts  this  compact shall be liberally construed to eliminate
   41  the evils described therein and to effectuate the purposes thereof.
   42                                   PART II
   43    S 417. Waterfront commission compact.  This compact shall be known and
   44  may be cited as the "Waterfront Commission Compact."
   45    S 418. Expenses of administration.   1. Every person  subject  to  the
   46  payment  of  any assessment under the provisions of subdivision three of
   47  section four hundred thirteen of this article shall file  on  or  before
   48  the  fifteenth  day  of  the first month of each calendar quarter-year a
   49  separate return, together with the payment of the  assessment  due,  for
   50  the  preceding  calendar  quarter-year during which any payroll payments
   51  were made to longshoremen, pier superintendents, hiring agents  or  port
   52  watchmen for work performed as such within the district.  Returns cover-
   53  ing  the amount of assessment payable shall be filed with the commission
   54  on forms to be furnished for such purpose and shall contain  such  data,
       A. 7413                            48
    1  information or matter as the commission may require to be included ther-
    2  ein.  The commission may grant a reasonable extension of time for filing
    3  returns,  or  for the payment of assessment, whenever good cause exists.
    4  Every  return  shall  have annexed thereto a certification to the effect
    5  that the statements contained therein are true.
    6    2. Every person subject to the payment of assessment  hereunder  shall
    7  keep  an  accurate record of his employment of longshoremen, pier super-
    8  intendents, hiring agents or port watchmen, which shall show the  amount
    9  of  compensation  paid  and such other information as the commission may
   10  require.  Such records shall be preserved for a period  of  three  years
   11  and  be  open  for  inspection at reasonable times.   The commission may
   12  consent to the destruction of any such records at any  time  after  said
   13  period or may require that they be kept longer, but not in excess of six
   14  years.
   15    3.  (a) The commission shall audit and determine the amount of assess-
   16  ment due from the return filed and such other information as  is  avail-
   17  able  to  it.    Whenever  a  deficiency in payment of the assessment is
   18  determined the commission shall give notice of any such determination to
   19  the person liable  therefor.    Such  determination  shall  finally  and
   20  conclusively  fix  the  amount due, unless the person against whom it is
   21  assessed shall, within thirty days after the giving of  notice  of  such
   22  determination,  apply  in  writing  to  the commission for a hearing, or
   23  unless the commission on its own motion shall reduce the  same.    After
   24  such  hearing,  the  commission shall give notice of its decision to the
   25  person liable therefor.  A determination of the  commission  under  this
   26  section  shall  be  subject  to judicial review, if application for such
   27  review is made within thirty days after the giving  of  notice  of  such
   28  decision.    Any  determination  under this section shall be made within
   29  five years from the time the return was filed and if no return was filed
   30  such determination may be made at any time.
   31    (b) Any notice authorized or required under this section may be  given
   32  by  mailing  the  same to the person for whom it is intended at the last
   33  address given by him to the commission, or in the last return  filed  by
   34  him  with  the  commission under this section, or, if no return has been
   35  filed then to such address as may be obtainable.   The mailing  of  such
   36  notice  shall  be  presumptive  evidence  of  the receipt of same by the
   37  person to whom addressed.   Any period  of  time,  which  is  determined
   38  according  to  the  provision  of this section, for the giving of notice
   39  shall commence to run from the date of mailing of such notice.
   40    4. Whenever any person shall fail to  pay,  within  the  time  limited
   41  herein,  any  assessment  which  he is required to pay to the commission
   42  under the provisions of this section the commission may enforce  payment
   43  of  such  fee  by  civil  action  for the amount of such assessment with
   44  interest and penalties.
   45    5. The employment by a nonresident of a longshoreman,  or  a  licensed
   46  pier  superintendent,  hiring  agent or port watchman in either state or
   47  the designation by a nonresident of a longshoreman, pier superintendent,
   48  hiring agent or port watchman to perform work in  such  state  shall  be
   49  deemed equivalent to an appointment by such nonresident of the secretary
   50  of  state of such state to be his true and lawful attorney upon whom may
   51  be served the process in any action or proceeding  against  him  growing
   52  out  of  any  liability  for  assessments,  penalties or interest, and a
   53  consent that any such process against him which is so served shall be of
   54  the same legal force and validity as if served on him personally  within
   55  such  state  and  within  the territorial jurisdiction of the court from
   56  which the process issues.  Service of process within either state  shall
       A. 7413                            49
    1  be  made  by  either  (1)  personally delivering to and leaving with the
    2  secretary of state or a deputy secretary of state of such  state  dupli-
    3  cate  copies  thereof  at  the  office of the department of state in the
    4  capitol city of such state, in which event such secretary of state shall
    5  forthwith  send  by  registered mail one of such copies to the person at
    6  the last address designated by him to the  commission  for  any  purpose
    7  under this section or in the last return filed by him under this section
    8  with  the commission or as shown on the records of the commission, or if
    9  no return has been filed, at  his last known office  address  within  or
   10  without such state, or (2) personally delivering to and leaving with the
   11  secretary  of  state or a deputy secretary of state of such state a copy
   12  thereof at the office of the department of state in the capitol city  of
   13  such  state  and  by delivering a copy thereof to the person, personally
   14  without such state.  Proof of such personal service without  such  state
   15  shall be filed with the clerk of the court in which the process is pend-
   16  ing  within  thirty  days  after  such service and such service shall be
   17  complete ten days after proof thereof is filed.
   18    6. Whenever the commission shall determine that any moneys received as
   19  assessments were paid in error, it may cause the same  to  be  refunded,
   20  provided an application therefor is filed with the commission within two
   21  years from the time the erroneous payment was made.
   22    7.  In  addition to any other powers authorized hereunder, the commis-
   23  sion shall have power to make reasonable rules and regulations to effec-
   24  tuate the purposes of this section.
   25    8. When any person shall wilfully fail to pay any assessment due here-
   26  under he shall be assessed interest at a rate of one per cent per  month
   27  on  the  amount  due  and  unpaid  and penalties of five per cent of the
   28  amount due for each thirty days or  part  thereof  that  the  assessment
   29  remains unpaid.  The commission, may, for good cause shown, abate all or
   30  part of such penalty.
   31    9.  Any person who shall wilfully furnish false or fraudulent informa-
   32  tion or  shall  wilfully  fail  to  furnish  pertinent  information,  as
   33  required,  with respect to the amount of assessment due, shall be guilty
   34  of a misdemeanor, punishable by a fine of not  more  than  one  thousand
   35  dollars, or imprisonment for not more than one year, or both.
   36    10. All funds of the commission shall be deposited with such responsi-
   37  ble  banks  or  trust  companies as may be designated by the commission.
   38  The commission may require that all such deposits be  secured  by  obli-
   39  gations  of the United States or of the states of New York or New Jersey
   40  of a market value equal at all times to the amount of the deposits,  and
   41  all  banks  and trust companies are authorized to give such security for
   42  such deposits.  The moneys so deposited shall be withdrawn only by check
   43  signed by both members of the commission or by such  other  officers  or
   44  employees of the commission as it may from time to time designate.
   45    11.  The  accounts, books and records of the commission, including its
   46  receipts, disbursements, contracts, leases, investments  and  any  other
   47  matters relating to its financial standing shall be examined and audited
   48  annually  by independent auditors to be retained for such purpose by the
   49  commission.
   50    S 419. Reimbursement.  The commission shall reimburse each  state  for
   51  any  funds  advanced  to  the  commission exclusive of sums appropriated
   52  pursuant to subdivision four of section four hundred  thirteen  of  this
   53  article.
   54    S  420. Penalties.  Any person who shall violate any of the provisions
   55  of the compact or of section four hundred  eighteen  of  this  part  for
   56  which  no  other penalty is prescribed shall be guilty of a misdemeanor,
       A. 7413                            50
    1  punishable by a fine of not more than five hundred dollars or by  impri-
    2  sonment for not more than one year, or both.
    3    S 421. Federal funds.  1. The waterfront commission of New York harbor
    4  is  hereby  designated on its own behalf or as agent of the state of New
    5  York and the state of New Jersey, as provided by the act of the congress
    6  of the United States, effective June  sixth,  nineteen  hundred  thirty-
    7  three,  entitled  "An act to provide for the establishment of a national
    8  employment system and for cooperating with the states in  the  promotion
    9  of  such  system  and for other purposes" as amended, for the purpose of
   10  obtaining such benefits of such act of  congress  as  are  necessary  or
   11  appropriate to the establishment and operation of employment information
   12  centers authorized by section four hundred twelve of this article.
   13    2.  The  commission  shall have all powers necessary to cooperate with
   14  appropriate officers or agencies of either state or the  United  States,
   15  to  take  such  steps,  to  formulate  such  plans,  and to execute such
   16  projects (including but not limited to the establishment  and  operation
   17  of  employment  information  centers) as may be necessary to obtain such
   18  benefits for the operations  of  the  commission  in  accomplishing  the
   19  purposes of this article.
   20    3.  The  officer  or  agency  heretofore designated by each of the two
   21  states pursuant to said act of  June  sixth,  nineteen  hundred  thirty-
   22  three,  as amended, is authorized and empowered, upon the request of the
   23  commission and subject to its direction,  to  exercise  the  powers  and
   24  duties conferred upon the commission by the provisions of this section.
   25    S  422. Supplementary definitions.  As used in the compact established
   26  by part I of this article:
   27    1. "Stevedore" shall also include (a) contractors engaged for  compen-
   28  sation pursuant to a contract or arrangement with the United States, any
   29  state  or territory thereof, or any department, division, board, commis-
   30  sion or authority of one or more of the  foregoing,  in  moving  freight
   31  carried  or  consigned for carriage between any point in the port of New
   32  York district and a point outside said district on  vessels  of  such  a
   33  public  agency  berthed  at  piers,  on  piers at which such vessels are
   34  berthed or at other waterfront terminals, or
   35    (b) contractors (not including  employees)  engaged  for  compensation
   36  pursuant  to  a contract or arrangement with any person to perform labor
   37  or services incidental to the movement of waterborne freight on  vessels
   38  berthed  at piers, on piers or at other waterfront terminals, including,
   39  but not limited to, cargo storage, cargo repairing,  coopering,  general
   40  maintenance,   mechanical  and  miscellaneous  work,  horse  and  cattle
   41  fitting, grain ceiling, and marine carpentry, or
   42    (c) contractors (not including  employees)  engaged  for  compensation
   43  pursuant  to  a contract or arrangement with any other person to perform
   44  labor or services involving, or incidental to, the movement  of  freight
   45  into or out of containers (which have been or which will be carried by a
   46  carrier of freight by water) on vessels berthed at piers, on piers or at
   47  other waterfront terminals.
   48    2.  "Waterborne freight" shall also include freight described in para-
   49  graphs (a) and (c) of subdivision one of this section and in subdivision
   50  ten of this section and ships' stores, baggage and mail  carried  by  or
   51  consigned for carriage by carriers of freight by water.
   52    3.  "Court  of  the United States" shall mean all courts enumerated in
   53  section four hundred fifty-one  of  title  twenty-eight  of  the  United
   54  States  code  and  the  courts-martial of the armed forces of the United
   55  States.
       A. 7413                            51
    1    4. "Witness" shall mean any person whose testimony is desired  in  any
    2  investigation, interview or other proceeding conducted by the commission
    3  pursuant to the provisions of this article.
    4    5.  "Checker"  shall  mean a longshoreman who is employed to engage in
    5  direct and immediate checking of waterborne freight or of the  custodial
    6  accounting  therefor  or  in  the  recording  or tabulation of the hours
    7  worked at  piers  or  other  waterfront  terminals  by  natural  persons
    8  employed by carriers of freight by water or stevedores.
    9    6.  "Longshoreman"  shall  also include a natural person, other than a
   10  hiring agent, who is employed for work at a  pier  or  other  waterfront
   11  terminal:
   12    (a)  either  by  a carrier of freight by water or by a stevedore phys-
   13  ically to perform labor or services incidental to the movement of water-
   14  borne freight on vessels berthed at piers, on piers or at  other  water-
   15  front  terminals,  including,  but  not  limited  to,  cargo  repairmen,
   16  coopers, general maintenance men, mechanical and miscellaneous  workers,
   17  horse and cattle fitters, grain ceilers and marine carpenters, or
   18    (b)  by  any person physically to move waterborne freight to or from a
   19  barge, lighter or railroad car for transfer to or from  a  vessel  of  a
   20  carrier  of  freight  by  water  which  is, shall be, or shall have been
   21  berthed at the same pier or other waterfront terminal, or
   22    (c) by any person to perform labor or  services  involving,  or  inci-
   23  dental  to,  the movement of freight at a waterfront terminal as defined
   24  in subdivision ten of this section.
   25    7. "Compact" shall also include any amendments or supplements  to  the
   26  waterfront  commission compact to implement the purposes thereof adopted
   27  by the action of the legislature of either the state of New York or  the
   28  state  of New Jersey concurred in by the legislature of the other and as
   29  established by part I of this article.
   30    8. The term "select any longshoreman for employment" in the definition
   31  of a hiring agent in this act shall include selection of  a  person  for
   32  the commencement or continuation of employment as a longshoreman, or the
   33  denial or termination of employment as a longshoreman.
   34    9. "Hiring agent" shall also include any natural person, who on behalf
   35  of any other person shall select any longshoreman for employment.
   36    10.  "Other  waterfront  terminal"  shall  also include any warehouse,
   37  depot or other terminal (other than a pier), whether enclosed  or  open,
   38  which  is  located in a marine terminal in the port of New York district
   39  and any part of which is used by any person to perform labor or services
   40  involving, or incidental to,  the  movement  of  waterborne  freight  or
   41  freight.
   42    As  used  in  this  section,  "marine  terminal"  means  an area which
   43  includes piers, which is used primarily  for  the  moving,  warehousing,
   44  distributing or packing of waterborne freight or freight to or from such
   45  piers,  and which, inclusive of such piers, is under common ownership or
   46  control;  "freight" means freight which has been, or will be, carried by
   47  or consigned for carriage by  a  carrier  of  freight  by  water;    and
   48  "container"  means any receptacle, box, carton or crate which is specif-
   49  ically designed and constructed so that it may be  repeatedly  used  for
   50  the carriage of freight by a carrier of freight by water.
   51    Whenever,  as a result of legislative amendments to this article or of
   52  a ruling by the commission, registration as a longshoreman  is  required
   53  for  any  person  to  continue  in  his employment, such person shall be
   54  registered as a longshoreman without regard to the provisions of section
   55  four hundred thirty-four of this  part,  provided,  however,  that  such
       A. 7413                            52
    1  person  satisfies  all the other requirements of this article for regis-
    2  tration as a longshoreman.
    3    S 423. Additional powers of the commission.  In addition to the powers
    4  and  duties  elsewhere described in this part, the commission shall have
    5  the following powers:
    6    1. To issue temporary permits and permit temporary registrations under
    7  such terms and conditions as the commission may prescribe which shall be
    8  valid for a period to be fixed by the commission not in  excess  of  six
    9  months.
   10    2.  To  require  any  applicant  for  a license or registration or any
   11  prospective licensee to furnish such facts and evidence as  the  commis-
   12  sion  may deem appropriate to enable it to ascertain whether the license
   13  or registration should be granted.
   14    3. In any case in which the commission has the power to revoke, cancel
   15  or suspend any stevedore license the  commission  shall  also  have  the
   16  power  to  impose  as an alternative to such revocation, cancellation or
   17  suspension, a penalty, which the  licensee  may  elect  to  pay  to  the
   18  commission  in  lieu  of the revocation, cancellation or suspension. The
   19  maximum penalty  shall  be  five  thousand  dollars  for  each  separate
   20  offense.  The commission may, for good cause shown, abate all or part of
   21  such penalty.
   22    4. To designate any officer, agent or employee of the commission to be
   23  an  investigator  who  shall be vested with all the powers of a peace or
   24  police officer of the state of New York in that state, and of the  state
   25  of New Jersey in that state.
   26    5. To confer immunity, in the following manner:  In any investigation,
   27  interview  or other proceeding conducted under oath by the commission or
   28  any duly authorized officer, employee or  agent  thereof,  if  a  person
   29  refuses  to  answer  a question or produce evidence of any other kind on
   30  the ground that he may be  incriminated  thereby,  and,  notwithstanding
   31  such  refusal,  an  order  is  made upon twenty-four hours prior written
   32  notice to the appropriate attorney general of the state of New  York  or
   33  the  state  of  New  Jersey, and to the appropriate district attorney or
   34  prosecutor having an official interest therein, by the unanimous vote of
   35  both members of the commission or their designees appointed pursuant  to
   36  the  provisions  of  subdivision  three of section four hundred three of
   37  this article, that such  person  answer  the  question  or  produce  the
   38  evidence,  such  person  shall  comply  with the order.   If such person
   39  complies with the order, and if, but for this subdivision, he would have
   40  been privileged to withhold the answer given or the evidence produced by
   41  him, then immunity shall be conferred upon him, as provided for herein.
   42    "Immunity" as used in this subdivision means that  such  person  shall
   43  not  be  prosecuted  or subjected to any penalty or forfeiture for or on
   44  account of any transaction, matter or thing concerning which, in accord-
   45  ance with the order by the unanimous vote of both members of the commis-
   46  sion or their designees appointed pursuant to the provisions of subdivi-
   47  sion three of section four hundred three of this article, he gave answer
   48  or produced evidence, and that no such answer given or evidence produced
   49  shall be received against him upon any criminal proceeding.  But he  may
   50  nevertheless be prosecuted or subjected to penalty or forfeiture for any
   51  perjury  or contempt committed in answering, or failing to answer, or in
   52  producing or failing to produce evidence, in accordance with the  order,
   53  and  any  such  answer  given  or  evidence produced shall be admissible
   54  against him upon any criminal  proceeding  concerning  such  perjury  or
   55  contempt.
       A. 7413                            53
    1    Immunity  shall  not be conferred upon any person except in accordance
    2  with the provisions of this subdivision.  If, after compliance with  the
    3  provisions of this subdivision, a person is ordered to answer a question
    4  or  produce evidence of any other kind and complies with such order, and
    5  it  is  thereafter  determined  that the appropriate attorney general or
    6  district attorney or prosecutor having an official interest therein  was
    7  not  notified,  such failure or neglect shall not deprive such person of
    8  any immunity otherwise properly conferred upon him.
    9    6. To require any applicant for registration as  a  longshoreman,  any
   10  applicant  for  registration as a checker or any applicant for registra-
   11  tion as a telecommunications system controller and  any  person  who  is
   12  sponsored  for  a  license as a pier superintendent or hiring agent, any
   13  person who is an individual owner  of  an  applicant  stevedore  or  any
   14  persons  who  are  individual partners of an applicant stevedore, or any
   15  officers, directors or stockholders owning five percent or more  of  any
   16  of  the stock of an applicant corporate stevedore or any applicant for a
   17  license as a port watchman or any other category of applicant for regis-
   18  tration or licensing by law within the commission's jurisdiction  to  be
   19  fingerprinted by the commission.
   20    7.  To  require  any applicant for registration as a longshoreman, any
   21  applicant for registration as a checker or any applicant  for  registra-
   22  tion  as  a  telecommunications  system controller and any person who is
   23  sponsored for a license as a pier superintendent or  hiring  agent,  any
   24  person  who  is  an  individual  owner  of an applicant stevedore or any
   25  persons who are individual partners of an applicant  stevedore,  or  any
   26  officers,  directors  or stockholders owning five percent or more of any
   27  of the stock of an applicant corporate stevedore or any applicant for  a
   28  license as a port watchman or any other category of applicant for regis-
   29  tration  or  licensing  by  law within the commission's jurisdiction who
   30  has: previously applied and had an application denied  upon  submission;
   31  been  removed from registration; or, had a license suspended, or revoked
   32  and is reapplying for registration or licensing within the  commission's
   33  jurisdiction to be fingerprinted by the commission.
   34    8. To exchange fingerprint data with and receive state criminal histo-
   35  ry record information from the division of criminal justice services, as
   36  defined  in subdivision one of section three thousand thirty-five of the
   37  education law of the state of New York,  and  federal  criminal  history
   38  record  information  from the federal bureau of investigation for use in
   39  making the determinations required by this part.
   40    9. Notwithstanding any other provision of  law  to  the  contrary,  to
   41  require  any  applicant  for  employment  by  the  commission  or person
   42  described in subdivision seven of this section to be  fingerprinted  and
   43  to  exchange  fingerprint  data  with and receive state criminal history
   44  record information from the division of criminal  justice  services,  as
   45  defined  in subdivision one of section three thousand thirty-five of the
   46  education law of the state of New York,  and  federal  criminal  history
   47  information from the federal bureau of investigation for the purposes of
   48  this subdivision and subdivisions six, seven and eight of this section.
   49    S  424. Regularization of longshoremen's employment.  1. Notwithstand-
   50  ing any other provisions of section four hundred nine of  this  article,
   51  the  commission  shall  have the power to remove from the longshoremen's
   52  register any person (including those persons registered as  longshoremen
   53  for  less  than  nine  months) who shall have failed to have worked as a
   54  longshoreman in the port of New York district for such minimum number of
   55  days during a period of time as  shall  have  been  established  by  the
   56  commission.  In  administering  this  section,  the  commission,  in its
       A. 7413                            54
    1  discretion, may count applications for employment as a  longshoreman  at
    2  an  employment information center established under section four hundred
    3  twelve of this article as constituting actual work  as  a  longshoreman,
    4  provided,  however,  that  the commission shall count as actual work the
    5  compensation received by any longshoreman  pursuant  to  the  guaranteed
    6  wage provisions of any collective bargaining agreement relating to long-
    7  shoremen. Prior to the commencement of any period of time established by
    8  the  commission pursuant to this section, the commission shall establish
    9  for such period the minimum number of days  of  work  required  and  the
   10  distribution  of  such  days during such period and shall also determine
   11  whether or not application for employment as  a  longshoreman  shall  be
   12  counted  as  constituting  actual work as a longshoreman. The commission
   13  may classify longshoremen according to length of service as a longshore-
   14  man and such other criteria as may be reasonable and necessary to  carry
   15  out the provisions of this part.  The commission shall have the power to
   16  vary  the requirements of this section with respect to their application
   17  to the various classifications of longshoremen.  In  administering  this
   18  section, the commission shall observe the standards set forth in section
   19  four  hundred thirty-four of this part. Nothing in this section shall be
   20  construed to modify, limit or restrict in any  way  any  of  the  rights
   21  protected  by  article  XV  of the compact established by part I of this
   22  article.
   23    S 425. Additional violations.  Any person who, having been duly  sworn
   24  or  affirmed  as  a  witness  in  any  investigation, interview or other
   25  proceeding conducted by the commission pursuant  to  the  provisions  of
   26  this  part,  shall  wilfully  give  false testimony shall be guilty of a
   27  misdemeanor punishable by a fine of not more than one  thousand  dollars
   28  or imprisonment for not more than one year or both.
   29    S  426. Hearings.  1. At hearings conducted by the commission pursuant
   30  to section four hundred eleven of this article, applicants,  prospective
   31  licensees, licensees and registrants shall have the right to be accompa-
   32  nied and represented by counsel.
   33    2.  After  the  conclusion  of a hearing but prior to the making of an
   34  order by the commission,  a  hearing  may,  upon  petition  and  in  the
   35  discretion  of  the hearing officer, be reopened for the presentation of
   36  additional evidence.  Such petition to reopen the hearing shall state in
   37  detail the nature of the additional evidence, together with the  reasons
   38  for  the  failure to submit such evidence prior to the conclusion of the
   39  hearing.  The commission may upon its own  motion  and  upon  reasonable
   40  notice reopen a hearing for the presentation of additional evidence.
   41    Upon petition, after the making of an order of the commission, rehear-
   42  ing may be granted in the discretion of the commission.  Such a petition
   43  for  rehearing shall state in detail the grounds upon which the petition
   44  is based and shall separately set forth  each  error  of  law  and  fact
   45  alleged  to  have  been  made  by  the  commission in its determination,
   46  together with the facts and arguments in support thereof.  Such petition
   47  shall be filed with the commission not  later  than  thirty  days  after
   48  service  of such order, unless the commission for good cause shown shall
   49  otherwise direct.
   50    The commission may upon its own motion grant  a  rehearing  after  the
   51  making of an order.
   52    S  427.  Denial of applications.  In addition to the grounds elsewhere
   53  set forth in this article, the commission may deny an application for  a
   54  license or registration for any of the following:
   55    1. Conviction by a court of the United States or any state or territo-
   56  ry thereof of coercion;
       A. 7413                            55
    1    2.  Conviction  by  any  such  court,  after  having  been  previously
    2  convicted by any such court of any crime or of the offenses  hereinafter
    3  set  forth, of a misdemeanor or any of the following offenses:  assault,
    4  malicious injury to property, malicious mischief, unlawful taking  of  a
    5  motor  vehicle,  corruption  of  employees  or  possession of lottery or
    6  number slips;  or
    7    3. Fraud, deceit or misrepresentation in connection with any  applica-
    8  tion  or  petition submitted to, or any interview, hearing or proceeding
    9  conducted by the commission.
   10    4. Violation of any provision  of  this  part  or  commission  of  any
   11  offense thereunder.
   12    5.  Refusal  on the part of any applicant, or prospective licensee, or
   13  of any member, officer or stockholder required  by  subdivision  two  of
   14  section  four hundred six of this article to sign or be identified in an
   15  application for a stevedore license, to answer any material question  or
   16  produce  any material evidence in connection with his application or any
   17  application made on his behalf for a license or registration pursuant to
   18  this part.
   19    6. Association with a person who has been  identified  by  a  federal,
   20  state,  or  local  law enforcement agency as a member or associate of an
   21  organized crime group, a terrorist group, or a career  offender  cartel,
   22  or  who is a career offender, under circumstances where such association
   23  creates a reasonable belief that the participation of the  applicant  in
   24  any  activity required to be licensed under this article would be inimi-
   25  cal to the policies of this article. For the purpose  of  this  section,
   26  (a) a terrorist group shall mean a group associated, affiliated or fund-
   27  ed  in  whole  or  in part by a terrorist organization designated by the
   28  secretary of state in accordance with section 219 of the immigration and
   29  nationality act, as amended from time to time, or any other organization
   30  which assists, funds or engages in acts of terrorism as defined  in  the
   31  laws  of the United States, or of either of the states of New York (such
   32  as subdivision one of section 490.05 of the penal law)  or  New  Jersey;
   33  and  (b) a career offender shall mean a person whose behavior is pursued
   34  in an occupational manner or context for the purpose  of  economic  gain
   35  utilizing  such  methods  as  are deemed criminal violations against the
   36  public policy of the states of New York and New  Jersey,  and  a  career
   37  offender  cartel  shall  mean  a  number  of  career offenders acting in
   38  concert, and may include what is commonly referred to  as  an  organized
   39  crime group.
   40    7. Conviction of a racketeering activity or knowing association with a
   41  person  who  has been convicted of a racketeering activity by a court of
   42  the United States or any state or territory thereof under  circumstances
   43  where  such  association  creates  a  reasonable belief that the partic-
   44  ipation of the applicant in any activity required to be  licensed  under
   45  this part would be inimical to the policies of this part.
   46    S  428.  Revocation of licenses and registrations.  In addition to the
   47  grounds elsewhere set forth in this part, any  license  or  registration
   48  issued  or  made  pursuant  thereto may be revoked or suspended for such
   49  period as the commission deems in the public interest or the licensee or
   50  registrant may be reprimanded, for:
   51    1. Conviction of any crime or offense in relation to  gambling,  book-
   52  making,  pool  selling,  lotteries  or similar crimes or offenses if the
   53  crime or offense was committed at or  on  a  pier  or  other  waterfront
   54  terminal or within five hundred feet thereof;  or
   55    2. Wilful commission of, or wilful attempt to commit at or on a water-
   56  front  terminal  or  adjacent highway, any act of physical injury to any
       A. 7413                            56
    1  other person or of wilful damage to or  misappropriation  of  any  other
    2  person's property, unless justified or excused by law;  or
    3    3.  Receipt or solicitation of anything of value from any person other
    4  than a licensee's or registrant's  employer  as  consideration  for  the
    5  selection or retention for employment of such licensee or registrant; or
    6    4. Coercion of a licensee or registrant by threat of discrimination or
    7  violence  or economic reprisal, to make purchases from or to utilize the
    8  services of any person;  or
    9    5. Refusal to answer any material question  or  produce  any  evidence
   10  lawfully  required  to  be  answered  or  produced at any investigation,
   11  interview or other proceeding conducted by the  commission  pursuant  to
   12  the  provisions of this article, or, if such refusal is accompanied by a
   13  valid plea of privilege against self-incrimination, refusal to  obey  an
   14  order  to  answer  such  question  or  produce such evidence made by the
   15  commission pursuant to the provisions of  subdivision  five  of  section
   16  four hundred twenty-three of this part.
   17    6.  Association  with  a  person who has been identified by a federal,
   18  state, or local law enforcement agency as a member or  associate  of  an
   19  organized  crime  group, a terrorist group, or a career offender cartel,
   20  or who is a career offender, under circumstances where such  association
   21  creates  a  reasonable belief that the participation of the applicant in
   22  any activity required to be licensed under this part would  be  inimical
   23  to  the  policies  of  this part. For the purpose of this section, (a) a
   24  terrorist group shall mean a group associated, affiliated or  funded  in
   25  whole or in part by a terrorist organization designated by the secretary
   26  of state in accordance with section 219 of the immigration and national-
   27  ity  act,  as amended from time to time, or any other organization which
   28  assists, funds or engages in acts of terrorism as defined in the laws of
   29  the United States, or of either of the  states  of  New  York  (such  as
   30  subdivision  one  of section 490.05 of the penal law) or New Jersey; and
   31  (b) a career offender shall mean a person whose behavior is  pursued  in
   32  an  occupational  manner  or  context  for  the purpose of economic gain
   33  utilizing such methods as are deemed  criminal  violations  against  the
   34  public  policy  of  the  states of New York and New Jersey, and a career
   35  offender cartel shall mean  a  number  of  career  offenders  acting  in
   36  concert,  and  may  include what is commonly referred to as an organized
   37  crime group.
   38    7. Conviction of a racketeering activity or knowing association with a
   39  person who has been convicted of a racketeering activity by a  court  of
   40  the  United States or any state or territory thereof under circumstances
   41  where such association creates a  reasonable  belief  that  the  partic-
   42  ipation  of  the applicant in any activity required to be licensed under
   43  this article would be inimical to the policies of this article.
   44    S 429. Removal of port watchmen's ineligibility.   Any  port  watchman
   45  ineligible for a license by reason of the provisions of paragraph (b) of
   46  subdivision  three of section four hundred ten of this article may peti-
   47  tion for and the commission may issue an order removing the  ineligibil-
   48  ity  in  the  manner  provided  in paragraph (b) of subdivision three of
   49  section four hundred five of this article.
   50    S 430. Petition for order to remove an ineligibility.  A petition  for
   51  an  order  to remove an ineligibility under paragraph (b) of subdivision
   52  three of section four hundred five, paragraph (e) of  subdivision  three
   53  of  section  four  hundred  six,  paragraph  (b) of subdivision three of
   54  section four hundred five of this article, or paragraph (b) of  subdivi-
   55  sion  three  of section four hundred thirty-two of this part may be made
       A. 7413                            57
    1  to the commission before or after the hearing required by  section  four
    2  hundred eleven of this article.
    3    S  431.  Denial of stevedore applications.  In addition to the grounds
    4  elsewhere set forth in this part  the  commission  shall  not  grant  an
    5  application  for a license as stevedore if on or after July first, nine-
    6  teen hundred fifty-six, the applicant has paid, given,  caused  to  have
    7  been paid or given or offered to pay or give to any agent of any carrier
    8  of freight by water any valuable consideration for an improper or unlaw-
    9  ful  purpose  or,  without the knowledge and consent of such carrier, to
   10  induce such agent to procure the employment of  the  applicant  by  such
   11  carrier or its agent for the performance of stevedoring services.
   12    S  432.  Checkers.    1.  The  commission  shall  establish within the
   13  longshoremen's register a list of all qualified  longshoremen  eligible,
   14  as  hereinafter  provided, for employment as checkers in the port of New
   15  York district.  No person shall act as a checker within the port of  New
   16  York  district  unless  at the time he is included in the longshoremen's
   17  register as a checker, and no person shall employ another to work  as  a
   18  checker  within  the  port  of New York district unless at the time such
   19  other person is included in the longshoremen's register as a checker.
   20    2. Any person applying for inclusion in the longshoremen's register as
   21  a checker shall file at any such place and in such manner as the commis-
   22  sion shall designate a written statement, signed and  verified  by  such
   23  person, setting forth the following:
   24    (a) The full name, residence, place and date of birth and social secu-
   25  rity number of the applicant;
   26    (b)  The  present and previous occupations of the applicant, including
   27  the places where he was employed and the names of his employers;
   28    (c) Such further facts and evidence as may be required by the  commis-
   29  sion  to  ascertain  the character, integrity and identity of the appli-
   30  cant.
   31    3. No person shall be included in the  longshoremen's  register  as  a
   32  checker
   33    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
   34  possesses good character and integrity;
   35    (b) If the applicant has, without subsequent pardon, been convicted by
   36  a court of the United States or any state or territory thereof,  of  the
   37  commission  of,  or the attempt or conspiracy to commit treason, murder,
   38  manslaughter or any felony or high misdemeanor or any of  the  following
   39  misdemeanors  or  offenses:  illegally  using,  carrying or possessing a
   40  pistol or other dangerous weapon; making or possessing burglar's instru-
   41  ments; buying or receiving stolen property; unlawful entry of  a  build-
   42  ing;  aiding  an  escape  from prison; unlawfully possessing, possessing
   43  with intent to distribute, sale or distribution of a controlled  danger-
   44  ous  substance  (controlled  substance)  or, in New Jersey, a controlled
   45  dangerous substance analog (controlled substance analog); petty larceny,
   46  where the evidence shows the property was stolen from a vessel, pier  or
   47  other  waterfront  terminal;  and  violation  of the compact.   Any such
   48  applicant ineligible for inclusion in the longshoremen's register  as  a
   49  checker  by  reason  of  any  such  conviction  may  submit satisfactory
   50  evidence to the commission that he has for a period  of  not  less  than
   51  five  years,  measured  as  hereinafter  provided, and up to the time of
   52  application, so  conducted  himself  as  to  warrant  inclusion  in  the
   53  longshoremen's register as a checker, in which event the commission may,
   54  in its discretion, issue an order removing such ineligibility. The afor-
   55  esaid  period  of  five  years shall be measured either from the date of
   56  payment of any fine imposed  upon  such  person  or  the  suspension  of
       A. 7413                            58
    1  sentence  or  from  the  date  of  his unrevoked release from custody by
    2  parole, commutation or termination of his sentence;
    3    (c)  If the applicant knowingly or wilfully advocates the desirability
    4  of overthrowing or destroying the government of  the  United  States  by
    5  force  or  violence or shall be a member of a group which advocates such
    6  desirability, knowing the purposes of such group include such advocacy.
    7    4. When the application shall have  been  examined  and  such  further
    8  inquiry  and  investigation made as the commission shall deem proper and
    9  when the commission shall be  satisfied  therefrom  that  the  applicant
   10  possesses   the  qualifications  and  requirements  prescribed  by  this
   11  section,  the  commission   shall   include   the   applicant   in   the
   12  longshoremen's  register as a checker.  The commission may permit tempo-
   13  rary registration as a checker to any applicant under this section pend-
   14  ing final action on an application made  for  such  registration,  under
   15  such  terms  and conditions as the commission may prescribe, which shall
   16  be valid for a period to be fixed by the commission, not  in  excess  of
   17  six months.
   18    5. The commission shall have power to reprimand any checker registered
   19  under  this section or to remove him from the longshoremen's register as
   20  a checker for such period of time as it deems in the public interest for
   21  any of the following offenses:
   22    (a) Conviction of a crime or other cause which would permit  disquali-
   23  fication of such person from inclusion in the longshoremen's register as
   24  a checker upon original application;
   25    (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
   26  longshoremen's register as a checker or in the conduct of the registered
   27  activity;
   28    (c) Violation of any of the provisions of the compact  established  by
   29  part I of this article;
   30    (d)  Conviction of a crime involving unlawfully possessing, possession
   31  with intent to distribute, sale or distribution of a controlled  danger-
   32  ous  substance  (controlled  substance)  or, in New Jersey, a controlled
   33  dangerous substance analog (controlled substance analog);
   34    (e) Inducing or otherwise aiding or abetting any person to violate the
   35  terms of the compact established by part I of this article;
   36    (f) Paying, giving, causing to be paid or given or offering to pay  or
   37  give  to  any  person  any  valuable  consideration to induce such other
   38  person to violate any provision of the compact or to induce  any  public
   39  officer,  agent  or  employee  to  fail  to  perform  his duty under the
   40  compact;
   41    (g) Consorting with known criminals for an unlawful purpose;
   42    (h) Transfer or surrender of possession to any person either temporar-
   43  ily or permanently of any card or other means of  identification  issued
   44  by  the commission as evidence of inclusion in the longshoremen's regis-
   45  ter without satisfactory explanation;
   46    (i) False impersonation of another longshoreman or of  another  person
   47  licensed under the compact.
   48    6.  The  commission  shall have the right to recover possession of any
   49  card or other means of identification issued as evidence of inclusion in
   50  the longshoremen's register as a checker in the event  that  the  holder
   51  thereof has been removed from the longshoremen's register as a checker.
   52    7.  Nothing  contained  in this section shall be construed to limit in
   53  any way any rights of labor reserved by section  four  hundred  five  of
   54  this article.
   55    S  433.  Supplementary violations.  Any person who, without justifica-
   56  tion or excuse in law, directly or indirectly  intimidates  or  inflicts
       A. 7413                            59
    1  any  injury,  damage,  harm,  loss  or economic reprisal upon any person
    2  licensed or registered by  the  commission,  or  any  other  person,  or
    3  attempts,  conspires  or threatens so to do, in order to interfere with,
    4  impede  or  influence such licensed or registered person in the perform-
    5  ance or discharge of his duties or obligations shall  be  punishable  as
    6  provided in section four hundred twenty of this part.
    7    S  434.  Suspension  or  acceptance  of  applications for inclusion in
    8  longshoremen's register; exceptions. 1. The commission  shall  have  the
    9  power  to  make  determinations to suspend the acceptance of application
   10  for inclusion in the longshoremen's register for such periods of time as
   11  the commission may from time to time establish and, after any such peri-
   12  od of suspension, the commission shall have the power to  make  determi-
   13  nations to accept applications for such period of time as the commission
   14  may  establish  or  in  such  number as the commission may determine, or
   15  both. Such determinations to suspend or  accept  applications  shall  be
   16  made  by the commission: (a) on its own initiative or (b) upon the joint
   17  recommendation in writing of stevedores and  other  employers  of  long-
   18  shoremen  in  the port of New York district, acting through their repre-
   19  sentative for the purpose of collective bargaining with a  labor  organ-
   20  ization  representing  such longshoremen in such district and such labor
   21  organization or (c) upon the petition  in  writing  of  a  stevedore  or
   22  another  employer of longshoremen in the port of New York district which
   23  does not have a representative for the purpose of collective  bargaining
   24  with a labor organization representing such longshoremen. The commission
   25  shall  have  the  power to accept or reject such joint recommendation or
   26  petition.
   27    All joint recommendations or petitions filed  for  the  acceptance  of
   28  applications  with  the  commission  for inclusion in the longshoremen's
   29  register shall include:
   30    (a) the number of employees requested;
   31    (b) the category or categories of employees requested;
   32    (c) a detailed statement setting forth  the  reasons  for  said  joint
   33  recommendation or petition;
   34    (d)  in cases where a joint recommendation is made under this section,
   35  the collective bargaining representative of stevedores and other employ-
   36  ers of longshoremen in the port of  New  York  district  and  the  labor
   37  organization representing such longshoremen shall provide the allocation
   38  of  the number of persons to be sponsored by each employer of longshore-
   39  men in the port of New York district; and
   40    (e) any other information requested by the commission.
   41    2. In administering the provisions of  this  section,  the  commission
   42  shall observe the following standards:
   43    (a)  To  encourage  as  far  as  practicable the regularization of the
   44  employment of longshoremen;
   45    (b) To bring the number of eligible longshoremen into balance with the
   46  demand for longshoremen's services within the port of New York  district
   47  without  reducing  the number of eligible longshoremen below that neces-
   48  sary to meet the requirements of longshoremen in the port  of  New  York
   49  district;
   50    (c)  To  encourage  the  mobility and full utilization of the existing
   51  work force of longshoremen;
   52    (d) To protect the job security of the existing work  force  of  long-
   53  shoremen by considering the wages and employment benefits of prospective
   54  registrants;
   55    (e)  To  eliminate  oppressive  and evil hiring practices injurious to
   56  waterfront labor and  waterborne  commerce  in  the  port  of  New  York
       A. 7413                            60
    1  district,  including,  but  not  limited  to,  those oppressive and evil
    2  hiring practices that may result from either a surplus  or  shortage  of
    3  waterfront labor;
    4    (f)  To consider the effect of technological change and automation and
    5  such other economic data and facts as are relevant to a proper  determi-
    6  nation;
    7    (g) To protect the public interest of the port of New York district.
    8    In observing the foregoing standards and before determining to suspend
    9  or accept applications for inclusion in the longshoremen's register, the
   10  commission  shall  consult with and consider the views of, including any
   11  statistical data or other factual information concerning the size of the
   12  longshoremen's register submitted by,  carriers  of  freight  by  water,
   13  stevedores,  waterfront  terminal owners and operators, any labor organ-
   14  ization representing employees registered by  the  commission,  and  any
   15  other  person  whose  interests  may  be  affected  by  the  size of the
   16  longshoremen's register.
   17    Any joint  recommendation  or  petition  granted  hereunder  shall  be
   18  subject to such terms and conditions as the commission may prescribe.
   19    3.  Any  determination  by  the commission pursuant to this section to
   20  suspend or accept  applications  for  inclusion  in  the  longshoremen's
   21  register  shall  be made upon a record, shall not become effective until
   22  five days after notice thereof to the  collective  bargaining  represen-
   23  tative  of stevedores and other employers of longshoremen in the port of
   24  New York district and to the labor organization representing such  long-
   25  shoremen  and/or  the  petitioning  stevedore or other employer of long-
   26  shoremen in the port of New York district and shall be subject to  judi-
   27  cial  review for being arbitrary, capricious, and an abuse of discretion
   28  in a proceeding jointly instituted by such representative and such labor
   29  organization and/or by the petitioning stevedore or  other  employer  of
   30  longshoremen  in  the  port  of  New York district. Such judicial review
   31  proceeding may be instituted in either state in the manner  provided  by
   32  the  law  of  such  state  for review of the final decision or action of
   33  administrative agencies of such  state,  provided,  however,  that  such
   34  proceeding  shall  be  decided directly by the appellate division as the
   35  court of first instance (to which the proceeding shall be transferred by
   36  order of transfer by the supreme court in the state of New  York  or  in
   37  the state of New Jersey by notice of appeal from the commission's deter-
   38  mination)  and provided further that notwithstanding any other provision
   39  of law in either state no court shall have power  to  stay  the  commis-
   40  sion's  determination  prior  to  final  judicial decision for more than
   41  fifteen days. In the event that the court enters a final  order  setting
   42  aside  the  determination  by  the commission to accept applications for
   43  inclusion in the longshoremen's register, the registration of any  long-
   44  shoremen  included  in  the  longshoremen's register as a result of such
   45  determination by the commission shall be cancelled.
   46    This section shall apply, notwithstanding any other provision of  this
   47  article,  provided  however,  such section shall not in any way limit or
   48  restrict the provisions of subdivision five of section four hundred nine
   49  of this article empowering the commission to register longshoremen on  a
   50  temporary  basis to meet special or emergency needs or the provisions of
   51  subdivision four of section four hundred nine of this  article  relating
   52  to   the   immediate   reinstatement   of   persons   removed  from  the
   53  longshoremen's register pursuant to section four hundred  nine  of  this
   54  article.  Nothing in this section shall be construed to modify, limit or
   55  restrict  in any way any of the rights protected by section four hundred
   56  fifteen of this article.
       A. 7413                            61
    1    4. Upon the granting of any joint  recommendation  or  petition  under
    2  this  section  for  the  acceptance of applications for inclusion in the
    3  longshoremen's register, the commission shall accept  applications  upon
    4  written  sponsorship  from the prospective employer of longshoremen. The
    5  sponsoring  employer shall furnish the commission with the name, address
    6  and such other identifying or category information as the commission may
    7  prescribe for any person so sponsored.  The  sponsoring  employer  shall
    8  certify  that  the  selection  of the persons so sponsored was made in a
    9  fair and non-discriminatory basis in accordance with the requirements of
   10  the laws of the United States and the states of New York and New  Jersey
   11  dealing with equal employment opportunities.
   12    Notwithstanding  any of the foregoing, where the commission determines
   13  to accept applications for inclusion in the longshoremen's  register  on
   14  its own initiative, such acceptance shall be accomplished in such manner
   15  deemed appropriate by the commission.
   16    5. Notwithstanding any other provision of this article, the commission
   17  may  include  in the longshoremen's register under such terms and condi-
   18  tions as the commission may prescribe:
   19    (a) a person issued registration on a temporary basis to meet  special
   20  or emergency needs who is still so registered by the commission;
   21    (b)  a  person defined as a longshoreman in subdivision six of section
   22  four hundred twenty-two of this part who  is  employed  by  a  stevedore
   23  defined  in  paragraph  (b)  or  (c)  of subdivision one of section four
   24  hundred twenty-two of this part and whose employment is not  subject  to
   25  the  guaranteed  annual  income  provisions of any collective bargaining
   26  agreement relating to longshoremen;
   27    (c) no more than twenty persons issued registration limited to  acting
   28  as  scalemen  pursuant  to  the provisions of chapter 953 of the laws of
   29  1969 and chapter 64 of the laws of 1982 who are still so  registered  by
   30  the  commission and who are no longer employed as scalemen on the effec-
   31  tive date of this subdivision;
   32    (d) a person issued registration on a temporary basis as a checker  to
   33  meet  special or emergency needs who applied for such registration prior
   34  to January 15, 1986 and who is still so registered by the commission;
   35    (e) a person issued registration on a temporary basis as a checker  to
   36  meet  special or emergency needs in accordance with a waterfront commis-
   37  sion resolution of September 4, 1996 and who is still so  registered  by
   38  the commission;
   39    (f)  a  person issued registration on a temporary basis as a container
   40  equipment operator to meet special or emergency needs in accordance with
   41  a waterfront commission resolution of September 4, 1996 and who is still
   42  so registered by the commission; and
   43    (g) a person issued registration on a temporary basis as a  longshore-
   44  man  to  meet special or emergency needs in accordance with a waterfront
   45  commission resolution of September 4, 1996 and who is  still  so  regis-
   46  tered by the commission.
   47    6.  The  commission  may include in the longshoremen's register, under
   48  such terms and conditions  as  the  commission  may  prescribe,  persons
   49  issued  registration on a temporary basis as a longshoreman or a checker
   50  to meet special or emergency needs and who are still  so  registered  by
   51  the commission upon the enactment of this section.
   52    S 435. Temporary suspension of permits, licenses and registrations. 1.
   53  The commission may temporarily suspend a temporary permit or a permanent
   54  license  or  a  temporary  or  permanent  registration  pursuant  to the
   55  provisions of subdivision four of section four hundred  eleven  of  this
   56  article  until  further  order of the commission or final disposition of
       A. 7413                            62
    1  the underlying case, only where the permittee,  licensee  or  registrant
    2  has  been  indicted  for,  or  otherwise  charged with, a crime which is
    3  equivalent to a felony in the state of New York or to  a  crime  of  the
    4  third,  second  or first degree in the state of New Jersey or only where
    5  the permittee or licensee is a port  watchman  who  is  charged  by  the
    6  commission  pursuant to section four hundred eleven of this article with
    7  misappropriating any other person's property at or on a  pier  or  other
    8  waterfront terminal.
    9    2.  In  the  case  of a permittee, licensee or registrant who has been
   10  indicted for, or otherwise charged with, a crime, the temporary  suspen-
   11  sion shall terminate immediately upon acquittal or upon dismissal of the
   12  criminal charge. A person whose permit, license or registration has been
   13  temporarily  suspended  may,  at  any  time,  demand that the commission
   14  conduct a hearing as provided for in section four hundred eleven of this
   15  article.   Within sixty  days  of  such  demand,  the  commission  shall
   16  commence  the hearing and, within thirty days of receipt of the adminis-
   17  trative judge's report and recommendation, the commission shall render a
   18  final determination thereon; provided, however, that these time require-
   19  ments, shall not apply for any period of delay caused  or  requested  by
   20  the permittee, licensee or registrant. Upon failure of the commission to
   21  commence  a  hearing  or  render  a determination within the time limits
   22  prescribed herein, the temporary suspension of the  licensee  or  regis-
   23  trant  shall  immediately terminate. Notwithstanding any other provision
   24  of this subdivision, if a federal, state, or local law enforcement agen-
   25  cy or prosecutor's office shall request the suspension or  deferment  of
   26  any  hearing  on the ground that such a hearing would obstruct or preju-
   27  dice  an  investigation  or  prosecution,  the  commission  may  in  its
   28  discretion, postpone or defer such hearing for a time certain or indefi-
   29  nitely.  Any  action  by  the  commission to postpone a hearing shall be
   30  subject to immediate judicial review as provided in subdivision seven of
   31  section four hundred eleven of this article.
   32    3. The commission may in addition,  within  its  discretion,  bar  any
   33  permittee, licensee or registrant whose license or registration has been
   34  suspended pursuant to the provisions of subdivision one of this section,
   35  from  any  employment by a licensed stevedore or a carrier of freight by
   36  water during the period of such suspension, if the  alleged  crime  that
   37  forms  the  basis of such suspension involves the possession with intent
   38  to distribute, sale, or distribution of a controlled dangerous substance
   39  (controlled substance) or, in New Jersey, controlled dangerous substance
   40  analog (controlled substance analog), racketeering or theft from a  pier
   41  or waterfront terminal.
   42    S  436.  Continuance of port watchmen's licenses.  Notwithstanding any
   43  provision of subdivision five of section four hundred ten of this  arti-
   44  cle,  a license to act as a port watchman shall continue and need not be
   45  renewed, provided the licensee shall, as required by the commission:
   46    1. Submit to a medical examination and meet the  physical  and  mental
   47  fitness  standards established by the commission pursuant to subdivision
   48  three of section four hundred ten of this article;
   49    2. Complete a refresher course of training;  and
   50    3. Submit supplementary personal history information.
   51    S 437. Regularization of port watchmen's employment.   The  commission
   52  shall, at regular intervals, cancel the license or temporary permit of a
   53  port  watchman  who shall have failed during the preceding twelve months
   54  to have worked as a port watchman in the port of  New  York  district  a
   55  minimum  number  of  hours as shall have been established by the commis-
   56  sion, except that immediate restoration of  such  license  or  temporary
       A. 7413                            63
    1  permit shall be made upon proper showing that the failure to so work was
    2  caused  by  the  fact  that the licensee or permittee was engaged in the
    3  military service of the  United  States  or  was  incapacitated  by  ill
    4  health, physical injury or other good cause.
    5    S 438. Duration of stevedore's license.  A stevedore's license granted
    6  pursuant to section four hundred six of this article shall be for a term
    7  of  five years or fraction of such five year period, and shall expire on
    8  the first day of December. In the event of the death of the licensee, if
    9  a natural person, or its termination or dissolution by reason of a death
   10  of a partner, if a partnership, or if the licensee shall cease to  be  a
   11  party  to any contract of the type required by paragraph (d) of subdivi-
   12  sion three of section four hundred six  of  this  article,  the  license
   13  shall  terminate  ninety  days  after  such event or upon its expiration
   14  date, whichever shall be sooner. A license may be renewed by the commis-
   15  sion for successive five year periods upon fulfilling the same  require-
   16  ments  as  are set forth in section four hundred six of this article for
   17  an original application for a stevedore's license.
   18    S 439. Implementation of telecommunications hiring  system  for  long-
   19  shoremen  and  checkers  and  registration  of telecommunications system
   20  controller.   1. The commission may  designate  one  of  the  employment
   21  information  centers  it  is  authorized to establish and maintain under
   22  section four hundred twelve of this article for the implementation of  a
   23  telecommunications hiring system through which longshoremen and checkers
   24  may  be  hired  and accept employment without any personal appearance at
   25  said center. Any such telecommunications hiring system shall incorporate
   26  hiring and seniority agreements between the  employers  of  longshoremen
   27  and  checkers  and  the labor organization representing longshoremen and
   28  checkers in the port of New York district, provided said agreements  are
   29  not in conflict with the provisions of this part.
   30    2. The commission shall permit employees of the association represent-
   31  ing employers of longshoremen and checkers and of the labor organization
   32  representing longshoremen and checkers in the port of New York district,
   33  or  of  a  joint  board  of  such association and labor organization, to
   34  participate in the operation of said telecommunications  hiring  system,
   35  provided  that  any  such  employee is registered by the commission as a
   36  "telecommunications  system   controller"   in   accordance   with   the
   37  provisions, standards and grounds set forth in this part with respect to
   38  the  registration  of  checkers.  No person shall act as a "telecommuni-
   39  cations system controller" unless he or  she  is  so  registered.    Any
   40  application  for  such  registration and any registration made or issued
   41  may be denied, revoked, cancelled or suspended, as the case may be, only
   42  in the manner prescribed in section four hundred eleven of this article.
   43  Any and all such participation in the  operation  of  said  telecommuni-
   44  cations hiring system shall be monitored by the commission.
   45    3.  Any  and  all  records,  documents,  tapes,  discs  and other data
   46  compiled, collected or maintained  by  said  association  of  employers,
   47  labor  organization and joint board of such association and labor organ-
   48  ization pertaining to the  telecommunications  hiring  system  shall  be
   49  available  for  inspection, investigation and duplication by the commis-
   50  sion.
   51                                  PART III
   52    S 440. Commission established for New York state. Unless and until the
   53  provisions of the compact contained in part I of this article shall have
       A. 7413                            64
    1  been concurred in by the state of New Jersey, the  consent  of  congress
    2  given thereto, and the commission, provided for therein, established:
    3    1.  The provisions of such compact and sections four hundred eighteen,
    4  four hundred nineteen, four hundred twenty and four  hundred  twenty-one
    5  of  this  article  shall apply to and be in full force and effect within
    6  the state of New York, except  as  limited  by  this  section,  and  any
    7  violation of such compact or section shall be a violation of the laws of
    8  the  state  of  New  York,  provided, however, that (with respect to the
    9  definitions contained in such compact):
   10    (a) "The port of New York district" shall mean only  that  portion  of
   11  the district within the state of New York;
   12    (b)  The  "commission", hereinafter referred to in this section as the
   13  "New York commission", shall mean and consist of the member appointed by
   14  the governor of this state by and with the advice  and  consent  of  the
   15  senate,  and  he shall possess and exercise all the powers and duties of
   16  the commission set forth in part I of this article and any other  powers
   17  and duties conferred herein;
   18    (c) The powers and duties of any other officer or agency of this state
   19  prescribed  by part I of this article or otherwise by this article shall
   20  be effective as if the provisions of the compact were effective as a law
   21  of this state;  and
   22    (d) The New York commission shall not be deemed to be a body corporate
   23  and politic and shall be in the executive department of this state.
   24    2. The New York commission is authorized to cooperate with  a  similar
   25  commission  of  the  state of New Jersey, to exchange information on any
   26  matter pertinent to the purposes of this  article,  and  to  enter  into
   27  reciprocal agreements for the accomplishment of such purposes, including
   28  but not limited to the following objectives:
   29    (a) To provide for the reciprocal recognition of any license issued or
   30  registration made by either commission;
   31    (b)  To give reciprocal effect to any revocation, suspension or repri-
   32  mand with respect to any licensee, and any reprimand or removal  from  a
   33  longshoremen's register;
   34    (c) To provide that any act or omission by a licensee or registrant in
   35  either state which would be a basis for disciplinary action against such
   36  licensee  or registrant if it occurred in the state in which the license
   37  was issued or the person registered shall be the basis for  disciplinary
   38  action in both states;
   39    (d)  To  provide  that  longshoremen  registered  in either state, who
   40  perform work or who apply for work at an employment  information  center
   41  within the other state shall be deemed to have performed work or to have
   42  applied for work in the state in which they are registered.
   43    3. Notwithstanding any other provision of law, the officers, employees
   44  and  agents  of  the  commission  established  by  this  section  may be
   45  appointed or employed without regard to their state of  residence.  Such
   46  commission  may appoint or employ the same person to a similar office or
   47  employment in this state as he holds in a similar commission  or  agency
   48  of the state of New Jersey.
   49    Notwithstanding  any  other provision of this article, for the purpose
   50  of providing for the commission's expenses of administration during  the
   51  remainder  of  the  calendar  year  following the effective date of this
   52  article, and until  June  thirtieth,  nineteen  hundred  fifty-four  the
   53  assessment for such expense shall be at the rate of one and one-half per
   54  cent.  Such  assessment shall be made, collected and enforced in accord-
   55  ance with section four hundred thirteen of this article.
       A. 7413                            65
    1    S 441. Prohibition against loitering.   No  person  shall,  without  a
    2  satisfactory  explanation,  loiter  upon  any vessel, dock, wharf, pier,
    3  bulkhead, terminal, warehouse, or other waterfront  facility  or  within
    4  five  hundred  feet  thereof  in  that  portion  of the port of New York
    5  district within the state of New York.
    6    S 442. Prohibition against unions having officers, agents or employees
    7  who have been convicted of certain crimes and offenses.  No person shall
    8  solicit,  collect  or  receive  any  dues, assessments, levies, fines or
    9  contributions, or other charges within the state for or on behalf of any
   10  labor organization which represents  employees  registered  or  licensed
   11  pursuant  to the provisions of this article or which derives its charter
   12  from a labor organization representing  one  hundred  or  more  of  such
   13  registered  or  licensed employees, if any officer, agent or employee of
   14  such labor organization, or of a  welfare  fund  or  trust  administered
   15  partially or entirely by such labor organization or by trustees or other
   16  persons  designated  by such labor organization, has been convicted by a
   17  court of the United States, or any state  or  territory  thereof,  of  a
   18  felony,  any  misdemeanor  involving  moral  turpitude  or  any crime or
   19  offense enumerated in subdivision three  (b)  of  section  four  hundred
   20  thirty-two  of  this  article,  unless he has been subsequently pardoned
   21  therefor by the governor or other appropriate authority of the state  or
   22  jurisdiction  in which such conviction was had or has received a certif-
   23  icate of  good  conduct  from  the  board  of  parole  pursuant  to  the
   24  provisions  of the executive law to remove the disability.  No person so
   25  convicted shall serve as an officer, agent or  employee  of  such  labor
   26  organization,  welfare  fund  or  trust  unless  such person has been so
   27  pardoned or has received a certificate of  good  conduct.    No  person,
   28  including  such  labor organization, welfare fund or  trust, shall know-
   29  ingly permit such convicted person to assume or hold any office, agency,
   30  or employment in violation of this section.
   31    As used in this section, the term "labor organization" shall mean  and
   32  include any organization which exists and is constituted for the purpose
   33  in whole or in part of collective bargaining, or of dealing with employ-
   34  ers  concerning  grievances,  terms  and conditions of employment, or of
   35  other mutual aid or protection;  but it shall not include  a  federation
   36  or  congress  of labor organizations organized on a national or interna-
   37  tional basis even though one of its constituent labor organizations  may
   38  represent persons so registered or licensed.
   39    Any  person who shall violate this section shall be guilty of a misde-
   40  meanor punishable by a fine of not more than  five  hundred  dollars  or
   41  imprisonment for not more than one year or both.
   42    S  443.  Exception  to section four hundred forty-two of this part for
   43  certain employees.  If upon application to the commission by an employee
   44  who has been convicted of a crime or offense specified in  section  four
   45  hundred forty-two of this part the commission, in its discretion, deter-
   46  mines  in  an  order  that  it would not be contrary to the purposes and
   47  objectives of this article for such employee to  work  in  a  particular
   48  employment  for  a  labor organization, welfare fund or trust within the
   49  meaning of section four hundred forty-two of this part,  the  provisions
   50  of  section  four  hundred forty-two of this part shall not apply to the
   51  particular employment of such employee with respect to  such  conviction
   52  or convictions as are specified in the commission's order.  This section
   53  is  applicable  only  to those employees who for wages or salary perform
   54  manual, mechanical, or physical work of a routine or clerical nature  at
   55  the  premises  of the labor organization, welfare fund or trust by which
   56  they are employed.
       A. 7413                            66
    1                                   PART IV
    2    S 444. Compact.  The state of New York hereby agrees with the state of
    3  New Jersey, upon the enactment by the state of New Jersey of legislation
    4  having the same effect as this section, to the following compact:
    5    S  445.  Findings  and  declarations.   The states of New York and New
    6  Jersey hereby find and declare that the movement of freight through  the
    7  two  states  is  vital  to  their  economies  and  prosperity; that ever
    8  increasing amounts of such freight are being carried by the air  freight
    9  industry;  that  said air freight industry in the two states constitutes
   10  an inseparable and integral unit of the  commerce  of  the  two  states;
   11  that  criminal  and  racketeer elements have infiltrated the air freight
   12  industry;  that such criminal infiltration is threatening the growth  of
   13  said air freight industry;  that one of the means by which such criminal
   14  and  racketeer elements infiltrate the air freight industry is by posing
   15  as labor relations consultants and that firms handling air  freight  are
   16  often  forced  to  employ  or engage such persons;  that the air freight
   17  industry is suffering an alarming rise in the amount  of  pilferage  and
   18  theft of air freight;  and that it is imperative to the continued growth
   19  and  economic  well-being  of the states of New York and New Jersey that
   20  every possible effective measure be taken to prevent the  pilferage  and
   21  theft  of  air  freight and the criminal infiltration of the air freight
   22  industry.
   23    2. The states of New York and New Jersey hereby find and declare  that
   24  many  of  the evils existing in the air freight industry result not only
   25  from the causes above described but from the lack of regulation  of  the
   26  air  freight  industry in and about the port of New York district;  that
   27  the air freight industry is affected with a  public  interest  requiring
   28  regulation,  just  as the states of New York and New Jersey have hereto-
   29  fore found and declared in respect to the shipping industry;   and  that
   30  such  regulation of the air freight industry shall be deemed an exercise
   31  of the police power of the two states for the protection of  the  public
   32  safety,  welfare, prosperity, health, peace and living conditions of the
   33  people of the states.
   34    S 446. Definitions. As used in this compact:
   35    1. "Commission" shall mean the waterfront and  airport  commission  of
   36  New  York  and  New  Jersey established by section four hundred three of
   37  this article.
   38    2. "Airport" shall mean any area on land, water  or  building  or  any
   39  other  facility  located  within  the  states of New York and New Jersey
   40  (except a military installation of the  United  States  government)  (a)
   41  which  is  located  within one hundred miles of any point in the port of
   42  New York district, (b) which is used, or intended for use, for the land-
   43  ing and take-off of aircraft operated by an air carrier, and any  appur-
   44  tenant  areas  which are used or intended for use, for airport buildings
   45  or other airport facilities or rights of way, together with all  airport
   46  buildings,  equipment, aircraft, and facilities located thereon, and (c)
   47  where the total tonnage of air freight in a  calendar  year  loaded  and
   48  unloaded on and from aircraft exceeds twenty thousand tons.
   49    3.  "Air  carrier" shall mean any person who may be engaged or who may
   50  hold himself out as willing to be engaged, whether as a common  carrier,
   51  as a contract carrier or otherwise, in the carriage of freight by air.
   52    4.  "Air  freight"  shall  mean  freight  (including baggage, aircraft
   53  stores and mail) which is, has been, or will be carried by or  consigned
   54  for carriage by an air carrier.
       A. 7413                            67
    1    5.  "Air freight terminal" shall include any warehouse, depot or other
    2  terminal (other than an airport) (a) any part of which is located within
    3  an airport and any part of which is used for the storage of air freight,
    4  or (b) which is operated by an air carrier or a  contractor  of  an  air
    5  carrier and any part of which is used for the storage of air freight and
    6  any part of which is located within the port of New York district.
    7    6.  "Air  freight  terminal operator" shall mean the owner, lessee, or
    8  contractor or such other person (other  than  an  employee)  who  is  in
    9  direct  and  immediate charge and control of an air freight terminal, or
   10  any portion thereof.
   11    7. "Air freight truck carrier" shall mean a contractor (other than  an
   12  employee)  engaged  for  compensation pursuant to a contract or arrange-
   13  ment, directly or indirectly, with an air carrier  or  air  carriers  or
   14  with  an  air  freight  terminal  operator or operators in the moving of
   15  freight to or from an airport or air freight  terminal  by  a  truck  or
   16  other motor vehicle used primarily for the transportation of property.
   17    8.  "Air freight security area" shall mean any area located within the
   18  airport to which the commission  determines  that  limited  ingress  and
   19  egress  is  required  for the protection and security of any air freight
   20  located within the airport.
   21    9. "Airfreightman" shall mean a natural person who is employed
   22    (a) by any person to physically move or to perform services incidental
   23  to the movement of air freight at an airport or in an air freight termi-
   24  nal; or
   25    (b) by an air carrier or an air freight terminal operator  or  an  air
   26  freight truck carrier to transport or to assist in the transportation of
   27  air freight to or from an airport or air freight terminal;  or
   28    (c)  by  any  person to engage in direct and immediate checking of any
   29  air freight located in an airport or in an air freight  terminal  or  of
   30  the custodial accounting therefor.
   31    10.  "Airfreightman  supervisor"  shall  mean  a natural person who is
   32  employed to supervise directly and immediately the  work  of  an  airfr-
   33  eightman at an airport or at an air freight terminal.
   34    11.  "Airfreightman  labor relations consultant" shall mean any person
   35  who, pursuant to any contract or arrangement, advises or  represents  an
   36  air  carrier,  an air freight terminal operator, or an air freight truck
   37  carrier, or an organization of such employers (whether or  not  incorpo-
   38  rated), or a labor organization representing any airfreightmen or airfr-
   39  eightman supervisors, concerning the organization or collective bargain-
   40  ing  activities of airfreightmen or airfreightman supervisors, but shall
   41  not include any person designated by any government official or body  to
   42  so act or any person duly licensed to practice law as an attorney in any
   43  jurisdiction.   As used in this paragraph, the term "labor organization"
   44  shall mean and include any labor  organization  to  which  section  four
   45  hundred fifty-five of this article is applicable.
   46    12.  "Person"  shall mean not only a natural person but also any part-
   47  nership, joint venture, association,  corporation  or  any  other  legal
   48  entity  but  shall not include the United States, any state or territory
   49  thereof or any department, division, board, commission or  authority  of
   50  one  or  more  of the foregoing or any officer or employee thereof while
   51  engaged in the performance of his official duties.
   52    13. "The port of New York district" shall mean the district created by
   53  article II of the compact dated April thirtieth, nineteen hundred  twen-
   54  ty-one,  between  the  states  of New York and New Jersey, authorized by
   55  chapter one hundred fifty-four of the  laws  of  New  York  of  nineteen
   56  hundred twenty-one and continued by article I of this chapter, and chap-
       A. 7413                            68
    1  ter  one hundred fifty-one of the laws of New Jersey of nineteen hundred
    2  twenty-one, and any amendments thereto.
    3    14.  "Court  of the United States" shall mean all courts enumerated in
    4  section four hundred fifty-one  of  title  twenty-eight  of  the  United
    5  States  code  and  the  courts-martial of the armed forces of the United
    6  States.
    7    15. "Witness" shall mean any person whose testimony is desired in  any
    8  investigation, interview or other proceeding conducted by the commission
    9  pursuant to the provisions of this compact.
   10    16.  "Compact"  shall  mean  this  compact  and  rules and regulations
   11  lawfully promulgated thereunder and shall also include any amendments or
   12  supplements to this compact to implement the purposes thereof adopted by
   13  the action of the legislature of either the state of  New  York  or  the
   14  state of New Jersey concurred in by the legislature of the other.
   15    S  447.  General  powers of the commission.  In addition to the powers
   16  and duties of the commission conferred in parts I, II,  III,  and  V  of
   17  this article, the commission shall have the power:
   18    1. To administer and enforce the provisions of this compact;
   19    2.  To  establish such divisions and departments within the commission
   20  as the commission may deem  necessary  and  to  appoint  such  officers,
   21  agents  and  employees as it may deem necessary, prescribe their powers,
   22  duties and qualifications and fix  their  compensation  and  retain  and
   23  employ counsel and private consultants on a contract basis or otherwise;
   24    3.  To  make  and enforce such rules and regulations as the commission
   25  may deem necessary to effectuate the purposes  of  this  compact  or  to
   26  prevent  the circumvention or evasion thereof including, but not limited
   27  to, rules and regulations (which  shall  be  applicable  to  any  person
   28  licensed  by the commission, his employer, or any other person within an
   29  airport) to provide for the maximum protection of air freight,  such  as
   30  checking and custodial accounting, guarding, storing, fencing, gatehous-
   31  es,  access  to  air  freight,  air  freight loss reports, and any other
   32  requirements which the commission in  its  discretion  may  deem  to  be
   33  necessary and appropriate to provide such maximum protection.  The rules
   34  and regulations of the commission shall be effective upon publication in
   35  the  manner  which the commission shall prescribe and upon filing in the
   36  office of the secretary of state of each state.  A certified copy of any
   37  such rules and regulations, attested as true and correct by the  commis-
   38  sion,  shall  be  presumptive  evidence of the regular making, adoption,
   39  approval and publication thereof;
   40    4. To have for its  members  and  its  properly  designated  officers,
   41  agents  and  employees,  full and free access, ingress and egress to and
   42  from all airports, air freight terminals, all aircraft traveling  to  or
   43  from  an  airport  and  all  trucks or other motor vehicles or equipment
   44  which are carrying air freight to or from any  airport  or  air  freight
   45  terminal   for   the   purposes  of  conducting  investigations,  making
   46  inspections or enforcing the provisions of this compact;  and no  person
   47  shall  obstruct  or  in any way interfere with any such member, officer,
   48  employee or agent in the making of such investigation or  inspection  or
   49  in  the enforcement of the provisions of this compact or in the perform-
   50  ance of any other power or duty under this compact;
   51    5. To make investigations, collect and compile information  concerning
   52  airport practices generally, and upon all matters relating to the accom-
   53  plishment of the objectives of this compact;
   54    6.  To  advise  and consult with representatives of labor and industry
   55  and with public officials and agencies concerned with  the  effectuation
   56  of  the  purposes of this compact, upon all matters which the commission
       A. 7413                            69
    1  may desire, including but not limited to the form and substance of rules
    2  and regulations and the administration of  the  compact  and  the  expe-
    3  ditious  handling  and efficient movement of air freight consistent with
    4  the security of such air freight;
    5    7.  To make annual and other reports to the governors and legislatures
    6  of both states containing recommendations for the  effectuation  of  the
    7  purposes of this compact;
    8    8.  To issue temporary licenses and temporary permits under such terms
    9  and conditions as the commission may prescribe;
   10    9. In any case in which the commission has  the  power  to  revoke  or
   11  suspend  any  license or permit the commission shall also have the power
   12  to impose as an alternative to such revocation or suspension, a penalty,
   13  which the licensee or permittee may elect to pay the commission in  lieu
   14  of  the  revocation  or  suspension.   The maximum penalty shall be five
   15  thousand dollars for each separate offense. The commission may, for good
   16  cause shown, abate all or part of such penalty;
   17    10. To determine the location,  size  and  suitability  of  field  and
   18  administrative offices and any other accommodations necessary and desir-
   19  able for the performance of the commission's duties under this compact;
   20    11.  To  acquire,  hold  and dispose of real and personal property, by
   21  gift, purchase, lease, license or other similar manner, for  its  corpo-
   22  rate purposes, and in connection therewith to borrow money;
   23    12. To recover possession of any card or other means of identification
   24  issued by the commission as evidence of a license or permit in the event
   25  that the holder thereof no longer is a licensee or permittee;
   26    13.  To  require  any licensee or permittee to exhibit upon demand the
   27  license or permit issued to him  by  the  commission  or  to  wear  such
   28  license or permit.
   29    The  powers and duties of the commission may be exercised by officers,
   30  employees and agents designated by them, except the power to make  rules
   31  and  regulations.   The commission shall have such additional powers and
   32  duties as may hereafter be delegated to or imposed upon it from time  to
   33  time  by  the  action of the legislature of either state concurred in by
   34  the legislature of the other.
   35    S 448. Airfreightmen and airfreightman supervisors.  1. On  and  after
   36  the  ninetieth  day  after the effective date of this compact, no person
   37  shall act as an airfreightman or an airfreightman supervisor within  the
   38  state  of  New  York  or  the  state  of New Jersey without having first
   39  obtained from the commission a license to act as such  airfreightman  or
   40  airfreightman supervisor, as the case may be, and no person shall employ
   41  another  person  to  act as an airfreightman or airfreightman supervisor
   42  who is not so licensed.
   43    2. A license to act as an airfreightman  or  airfreightman  supervisor
   44  shall  be  issued  only upon the written application, under oath, of the
   45  person proposing to employ or engage  another  person  to  act  as  such
   46  airfreightman  or  airfreightman supervisor, verified by the prospective
   47  licensee as to the matters concerning  him,  and  shall  set  forth  the
   48  prospective  licensee's  full  name,  residence address, social security
   49  number, and such further facts and evidence as may be  required  by  the
   50  commission  to  determine  the  identity,  the  existence  of a criminal
   51  record, if any, and the eligibility of the prospective  licensee  for  a
   52  license.
   53    3.  The commission may in its discretion deny the application for such
   54  license submitted on behalf of a prospective licensee  for  any  of  the
   55  following causes:
       A. 7413                            70
    1    (a)  Conviction by a court of the United States or any state or terri-
    2  tory thereof, without subsequent pardon, of the commission  of,  or  the
    3  attempt or conspiracy to commit, treason, murder, manslaughter, coercion
    4  or  any  felony or high misdemeanor or any of the following misdemeanors
    5  or  offenses  (excluding,  however,  any conviction for a misdemeanor or
    6  lesser offense arising out of physical misconduct committed  during  the
    7  course  of  lawful organizational or collective bargaining activities of
    8  any labor organization):   illegally using,  carrying  or  possessing  a
    9  pistol  or  other dangerous weapon;  making, manufacturing or possessing
   10  burglar's instruments;  buying or receiving  stolen  property;  criminal
   11  possession  of stolen property;  unlawful entry of a building;  criminal
   12  trespass;  aiding an escape from prison;    and  unlawfully  possessing,
   13  selling or distributing a dangerous drug;
   14    (b)  Conviction  by  any  such  court,  after  having  been previously
   15  convicted by any such court of any crime or of the offenses  hereinafter
   16  set forth, of a misdemeanor or any of the following offenses (excluding,
   17  however,  any conviction for a misdemeanor or lesser offense arising out
   18  of physical misconduct committed during the course of  lawful  organiza-
   19  tional  or  collective bargaining activities of any labor organization):
   20  assault, malicious injury  to  property,  criminal  mischief,  malicious
   21  mischief, criminal tampering, unlawful use or taking of a motor vehicle,
   22  corruption  of  employees,  promoting  gambling,  possession of gambling
   23  records or devices, or possession of lottery or number slips;
   24    (c) Fraud, deceit or misrepresentation in connection with any applica-
   25  tion or petition submitted to, or any interview, hearing  or  proceeding
   26  conducted by the commission;
   27    (d)  Violation  of  any provision of this section or the commission of
   28  any offense thereunder;
   29    (e) Refusal on the part of the applicant, or prospective licensee,  to
   30  answer  any  material  question  or  produce  any  material  evidence in
   31  connection with the application;
   32    (f) As to an airfreightman,  his  presence  at  the  airports  or  air
   33  freight  terminals  is found by the commission on the basis of the facts
   34  and evidence before it to constitute a danger to  the  public  peace  or
   35  safety;
   36    (g)  As to an airfreightman supervisor, failure to satisfy the commis-
   37  sion that the prospective licensee possesses good character and integri-
   38  ty;
   39    (h) Conviction of a crime or other cause which would permit  reprimand
   40  of  such  prospective  licensee  or  the suspension or revocation of his
   41  license if such person were already licensed.
   42    4. When the application shall have  been  examined  and  such  further
   43  inquiry  and  investigation made as the commission shall deem proper and
   44  when the commission shall be satisfied therefrom  that  the  prospective
   45  licensee  possesses  the  qualifications  and requirements prescribed in
   46  this article, the commission shall issue and deliver to the  prospective
   47  licensee  a  license  to  act as an airfreightman or as an airfreightman
   48  supervisor, as the case may be, and shall inform the  applicant  of  its
   49  action.
   50    5.  The commission shall have the power to reprimand any airfreightman
   51  or airfreightman supervisor licensed under this article or to revoke  or
   52  suspend  his  license  for  such  period  as the commission deems in the
   53  public interest for any of the following causes:
   54    (a) Conviction of a crime or other cause which would permit the denial
   55  of a license upon original application;
       A. 7413                            71
    1    (b) Fraud, deceit or misrepresentation in securing the license, or  in
    2  the conduct of the licensed activity;
    3    (c) Transfer or surrender of possession to any person either temporar-
    4  ily  or  permanently of any card or other means of identification issued
    5  by the commission as evidence of a license, without satisfactory  expla-
    6  nation;
    7    (d) False impersonation of another person who is a licensee or permit-
    8  tee of the commission under this compact;
    9    (e) Wilful commission of, or wilful attempt to commit at an airport or
   10  at an air freight terminal or adjacent highway any act of physical inju-
   11  ry to any other person or of wilful damage to or misappropriation of any
   12  other person's property, unless justified or excused by law.
   13    (f)  Violation of any of the provisions of this compact or inducing or
   14  otherwise aiding or abetting any person to violate  the  terms  of  this
   15  compact;
   16    (g)  Addiction to the use of, or unlawful possession, sale or distrib-
   17  ution of a dangerous drug;
   18    (h) Paying, giving, causing to be paid or given or offering to pay  or
   19  give  to  any person any valid consideration to induce such other person
   20  to violate any provision of this compact or to induce any  public  offi-
   21  cer, agent or employee to fail to perform his duty under this compact;
   22    (i) Consorting with known criminals for unlawful purposes;
   23    (j) Receipt or solicitation of anything of value from any person other
   24  than  the  licensee's  or  permittee's employer as consideration for the
   25  selection or retention for employment of any person who is a licensee or
   26  permittee of the commission under this compact;
   27    (k) Coercion of any person who is  a  licensee  or  permittee  of  the
   28  commission under this compact by threat of discrimination or violence or
   29  economic  reprisal  to make purchases from or to utilize the services of
   30  any person;
   31    (l) Lending any money to or borrowing any money from any person who is
   32  a licensee or permittee of the commission under this compact  for  which
   33  there is a charge of interest or other consideration which is usurious;
   34    (m)  Conviction of any criminal offense in relation to gambling, book-
   35  making, pool selling, lotteries or similar crimes  or  offenses  if  the
   36  crime  or offense was committed at an airport or air freight terminal or
   37  within five hundred feet thereof;
   38    (n) Refusal to answer any material question or  produce  any  material
   39  evidence  lawfully  required  to be answered or produced at any investi-
   40  gation, interview or other proceeding conducted by the commission pursu-
   41  ant to the provisions of this compact, or, if such refusal  is  accompa-
   42  nied by a valid plea of privilege against self-incrimination, refusal to
   43  obey  an  order to answer such question or produce such evidence made by
   44  the commission pursuant to  the  power  of  the  commission  under  this
   45  compact to grant immunity from prosecution;
   46    (o)  Refusal  to  exhibit his license or permit upon the demand of any
   47  officer, agent or employee of the commission or  failure  to  wear  such
   48  license or permit when required.
   49    6.  A  license  granted  pursuant  to this section shall expire on the
   50  expiration date (which shall be at least one year from the date  of  its
   51  issuance)  set  forth  by  the  commission on the card or other means of
   52  identification issued by the commission as evidence of a license or upon
   53  the termination of employment with the  employer  who  applied  for  the
   54  license.  Upon  expiration  thereof,  a  license  may  be renewed by the
   55  commission upon fulfilling the same requirements as  are  set  forth  in
   56  this compact for an original application.
       A. 7413                            72
    1    S 449. Air freight terminal operators; air freight truck carriers; and
    2  airfreightmen; labor relations consultants.  1. On and after the nineti-
    3  eth  day  after the effective date of this compact, no person, except an
    4  air carrier, shall act as an air freight terminal operator or as an  air
    5  freight  truck carrier or as an airfreightman labor relations consultant
    6  within the state of New York or the state of New Jersey  without  having
    7  first  obtained  a  license from the commission to act as an air freight
    8  terminal operator or as an air freight truck carrier  or  as  an  airfr-
    9  eightman  labor  relations consultant, as the case may be, and no person
   10  shall employ or engage another person to  perform  services  as  an  air
   11  freight  terminal  operator  or as an air freight truck carrier or as an
   12  airfreightman labor relations consultant who is not so licensed.
   13    2. Any person intending to act as an air freight terminal operator  or
   14  as  an  air freight truck carrier or as an airfreightman labor relations
   15  consultant within the state of New York or the state of New Jersey shall
   16  file in the office of the commission a written application for a license
   17  to engage in such occupation duly signed and verified as follows:
   18    (a) If the applicant is a natural person,  the  application  shall  be
   19  signed  and  verified  by such person and if the applicant is a partner-
   20  ship, the application shall be  signed  and  verified  by  each  natural
   21  person  composing or intending to compose such partnership. The applica-
   22  tion shall state the full name, age,  residence,  business  address  (if
   23  any), present and previous occupations of each natural person so signing
   24  the  same,  and  any  other facts and evidence as may be required by the
   25  commission to ascertain the character, integrity, identity and  criminal
   26  record, if any, of each natural person so signing such application.
   27    (b) If the applicant is a corporation, the application shall be signed
   28  and  verified  by  the  president,  secretary and treasurer thereof, and
   29  shall specify the name of the corporation, the date  and  place  of  its
   30  incorporation,  the  location  of  its  principal place of business, the
   31  names and addresses of, and the amount of the stock held by stockholders
   32  owning ten per cent or more of any of the stock thereof, and of all  the
   33  officers  (including  all  members  of  the  board  of directors).   The
   34  requirements of paragraph (a) of this subdivision as to a natural person
   35  who is a member of a partnership, and such requirements as may be speci-
   36  fied in rules and regulations promulgated by the commission, shall apply
   37  to each such officer or stockholder and their successors  in  office  or
   38  interest as the case may be.
   39    In  the event of the death, resignation or removal of any officer, and
   40  in the event of any change in the list of stockholders who shall own ten
   41  per cent or more of the stock of the corporation, the secretary of  such
   42  corporation  shall  forthwith give notice of that fact in writing to the
   43  commission, certified by said secretary.
   44    3. No such license shall be granted
   45    (a) If any person whose signature or name appears in  the  application
   46  is  not  the  real party in interest required by subdivision two of this
   47  section to sign or to be identified in the application or if the  person
   48  so  signing or named in the application is an undisclosed agent or trus-
   49  tee for any such real party in interest or if any  such  real  party  in
   50  interest does not sign the application;
   51    (b)  Unless  the  commission shall be satisfied that the applicant and
   52  all members, officers and stockholders required by section two  of  this
   53  article  to sign or be identified in the application for license possess
   54  good character and integrity;
   55    (c) If the applicant or any member, officer or stockholder required by
   56  subdivision two of this section to sign or be identified in the applica-
       A. 7413                            73
    1  tion for license has, without subsequent pardon,  been  convicted  by  a
    2  court  of  the  United  States  or any state or territory thereof of the
    3  commission of, or the attempt or  conspiracy  to  commit  any  crime  or
    4  offense  described in paragraph (a) of subdivision three of section four
    5  hundred forty-eight of this article.  Any  applicant  ineligible  for  a
    6  license  by  reason  of  any  such  conviction  may  submit satisfactory
    7  evidence to the commission that the  person  whose  conviction  was  the
    8  basis  of  ineligibility  has  for a period of not less than five years,
    9  measured as hereinafter provided and up to the time of  application,  so
   10  conducted  himself  as  to  warrant  the grant of such license, in which
   11  event the commission may, in its discretion issue an order removing such
   12  ineligibility.  The aforesaid period of five  years  shall  be  measured
   13  either  from the date of payment of any fine imposed upon such person or
   14  the suspension of sentence or from the date  of  his  unrevoked  release
   15  from  custody  by  parole,  commutation  or termination of his sentence.
   16  Such petition may be made to the commission before or after the  hearing
   17  on the application;
   18    (d)  If, on or after the effective date of this compact, the applicant
   19  has paid, given, caused to have been paid or given or offered to pay  or
   20  give  to any officer or employee of any other person employing or engag-
   21  ing him in his licensed  activity  any  valuable  consideration  for  an
   22  improper  or  unlawful  purpose or to induce such officer or employee to
   23  procure the employment of the applicant in his licensed activity by such
   24  other person;
   25    (e) If, on or after the effective date of this compact, the  applicant
   26  has paid, given, caused to have been paid, or given or offered to pay or
   27  give  to any officer or representative of a labor organization any valu-
   28  able consideration for an improper or unlawful purpose or to induce such
   29  officer or representative to subordinate  the  interest  of  such  labor
   30  organization  or  its  members  in the management of the affairs of such
   31  labor organization to the  interests  of  the  applicant  or  any  other
   32  person;
   33    (f)  If, on or after the effective date of this compact, the applicant
   34  has paid, given, caused to have been paid or given or offered to pay  or
   35  give  to any agent of any other person any valuable consideration for an
   36  improper or unlawful purpose or, without the knowledge  and  consent  of
   37  such other person, to induce such agent to procure the employment of the
   38  applicant in his licensed activity by such other person.
   39    4.  When  the  application  shall  have been examined and such further
   40  inquiry and investigation made as the commission shall deem  proper  and
   41  when  the  commission  shall  be  satisfied therefrom that the applicant
   42  possess the qualifications and requirements prescribed in this  section,
   43  the commission shall issue and deliver a license to the applicant.
   44    5.  The  commission  shall  have  the  power  to  reprimand any person
   45  licensed under this section or to revoke or suspend his license for such
   46  period as the commission deems in the public interest  for  any  of  the
   47  following  causes  on the part of the licensee or of any person required
   48  by section two of this article to sign or be identified in  an  original
   49  application for a license:
   50    (a)  Any  cause  set forth in subdivision five of section four hundred
   51  forty-eight of this article;
   52    (b) Failure by the licensee to maintain a complete set  of  books  and
   53  records  containing  a  true  and  accurate  account  of  the licensee's
   54  receipts and disbursements arising out of his licensed activities;
   55    (c) Failure to keep said books and records available  during  business
   56  hours for inspection by the commission and its duly designated represen-
       A. 7413                            74
    1  tatives  until  the  expiration of the fifth calendar year following the
    2  calendar year during which occurred the transactions recorded therein;
    3    (d)  Failure  to  pay  any assessment or fee payable to the commission
    4  under this compact when due.
    5    6. A license granted pursuant to this  section  shall  expire  on  the
    6  expiration  date  (which shall be at least one year from the date of its
    7  issuance) set forth by the commission on the  card  or  other  means  of
    8  identification  issued  by the commission as evidence of a license. Upon
    9  expiration thereof, a license may be  renewed  by  the  commission  upon
   10  fulfilling the same requirements as are set forth in this section for an
   11  original application.
   12    S 450. Air freight security area. 1. On or after the effective date of
   13  this  compact, the commission shall have the power to designate any area
   14  located within an airport as an air freight security area.    No  person
   15  who  is  not  licensed  by the commission pursuant to this compact shall
   16  have ingress to an air freight security area unless issued a  permit  by
   17  the commission.
   18    2.  Any  person who is not licensed by the commission pursuant to this
   19  compact and who desires upon any occasion  ingress  to  an  air  freight
   20  security  area shall apply at the entrance to such area for a permit for
   21  ingress for that particular occasion.  In order to secure  a  permit,  a
   22  prospective permittee must show identification establishing his name and
   23  address  and  he  may be required by the commission to sign a consent to
   24  the surrender of his permit upon egress from such area  and,  if  he  is
   25  driving  a  motor  vehicle,  to  an inspection of his motor vehicle upon
   26  egress from such area.  Any person desiring a permit  to  enter  an  air
   27  freight security area may be denied such permit by the commission in its
   28  discretion if the commission determines that the presence of such person
   29  in such area would constitute a danger to the public peace or safety.
   30    3. Any person whose business, employment or occupation requires him to
   31  have  ingress upon a regular basis to an air freight security area shall
   32  be required, in order to obtain ingress to such area, to  apply  to  the
   33  commission  for a permit for a fixed period of duration to be determined
   34  by the commission.  Such applicant for a permit of  a  fixed  period  of
   35  duration shall fulfill the same requirements as the prospective licensee
   36  for  an  airfreightman's license.  The commission may in the exercise of
   37  its discretion suspend or revoke such permit of a fixed period of  dura-
   38  tion for the same causes which would permit the commission to revoke the
   39  license of an airfreightman.
   40    4.  The  commission  shall  have the power to inspect any truck or any
   41  other motor vehicle within an air freight security area.
   42    5. The provisions of this article  shall  not  be  applicable  to  any
   43  person  who  is  a  member  of the flight crew or flight personnel of an
   44  aircraft which is operated by an air carrier and which is located within
   45  an air freight security area upon a showing of  such  identification  as
   46  may be required by the commission.
   47    S  451.  Hearings, determinations and review.  1. The commission shall
   48  not deny any application for a license  or  permit  without  giving  the
   49  applicant  or  prospective licensee or permittee reasonable prior notice
   50  and an opportunity to be heard.
   51    2. Any application for a license or permit, and any license or  permit
   52  issued, may be denied, revoked or suspended, as the case may be, only in
   53  the manner prescribed in this section.
   54    3.  The  commission  may  on its own initiative or on complaint of any
   55  person, including any public official or agency,  institute  proceedings
   56  to  revoke or suspend any license or permit after a hearing at which the
       A. 7413                            75
    1  licensee or permittee and any person  making  such  complaint  shall  be
    2  given an opportunity to be heard, provided that any order of the commis-
    3  sion  revoking  or  suspending  any  license  or permit shall not become
    4  effective until fifteen days subsequent to the serving of notice thereof
    5  upon  the  licensee or permittee unless in the opinion of the commission
    6  the continuance of the license or permit for such period would be inimi-
    7  cal to the public peace or safety.  Such hearings shall be held in  such
    8  manner  and  upon  such  notice as may be prescribed by the rules of the
    9  commission, but such notice shall be of not less than ten days and shall
   10  state the nature of the complaint.
   11    4. Pending the determination of such hearing pursuant  to  subdivision
   12  three  of this section, the commission may temporarily suspend a license
   13  or permit if in the opinion of the commission  the  continuance  of  the
   14  license  or  permit  for  such period is inimical to the public peace or
   15  safety.
   16    5. The commission, or such member, officer, employee or agent  of  the
   17  commission  as  may  be  designated  by the commission for such purpose,
   18  shall have the power to issue subpoenas throughout both states to compel
   19  the attendance of witnesses and the giving of testimony or production of
   20  other evidence and to administer oaths in connection with any such hear-
   21  ing.  It shall be the duty of the commission  or  of  any  such  member,
   22  officer,  employee  or agent of the commission designated by the commis-
   23  sion for such purpose to issue subpoenas at  the  request  of  and  upon
   24  behalf  of the licensee, permittee or applicant.  The commission or such
   25  person conducting the hearing shall not be bound by common law or statu-
   26  tory rules of evidence or by technical or formal rules or  procedure  in
   27  the conduct of such hearing.
   28    6.  Upon the conclusion of the hearing, the commission shall take such
   29  action upon such findings and determinations  as  it  deems  proper  and
   30  shall  execute  an order carrying such findings into effect.  The action
   31  in the case of an application for a  license  or  permit  shall  be  the
   32  granting  or  denial  thereof.   The action in the case of a licensee or
   33  permittee shall be revocation of the license  or  permit  or  suspension
   34  thereof for a fixed period or reprimand or a dismissal of the charges.
   35    7.  The  action  of  the  commission  in denying any application for a
   36  license or permit or in suspending or revoking such license or permit or
   37  in reprimanding a licensee or permittee shall  be  subject  to  judicial
   38  review by a proceeding instituted in either state at the instance of the
   39  applicant,  licensee  or  permittee in the manner provided by the law of
   40  such state for review of the final decision or action of  administrative
   41  agencies  of  such  state,  provided,  however, that notwithstanding any
   42  other provision of law the court shall have power to stay for  not  more
   43  than  thirty  days  an  order of the commission suspending or revoking a
   44  license or permit.
   45    8. At hearings conducted by the commission pursuant to  this  section,
   46  applicants,  prospective licensees and permittees, licensees and permit-
   47  tees shall have the right to be accompanied and represented by counsel.
   48    9. After the conclusion of a hearing but prior to  the  making  of  an
   49  order  by  the  commission,  a  hearing  may,  upon  petition and in the
   50  discretion of the hearing officer, be reopened for the  presentation  of
   51  additional evidence.  Such petition to reopen the hearing shall state in
   52  detail  the nature of the additional evidence, together with the reasons
   53  for the failure to submit such evidence prior to the conclusion  of  the
   54  hearing.    The  commission  may upon its own motion and upon reasonable
   55  notice reopen a hearing for the  presentation  of  additional  evidence.
   56  Upon petition, after the making of an order of the commission, rehearing
       A. 7413                            76
    1  may be granted in the discretion of the commission.  Such a petition for
    2  rehearing  shall  state in detail the grounds upon which the petition is
    3  based and shall separately set forth each error of law and fact  alleged
    4  to  have been made by the commission in its determination, together with
    5  the facts and arguments in support thereof.    Such  petition  shall  be
    6  filed  with  the  commission not later than thirty days after service of
    7  such order unless the commission for good cause  shown  shall  otherwise
    8  direct.   The commission may upon its own motion grant a rehearing after
    9  the making of an order.
   10    S 452. Expenses of administration.  1. In addition to  the  budget  of
   11  its  expenses  under  the  waterfront commission compact, the commission
   12  shall annually adopt a budget of its expenses  under  this  compact  for
   13  each year.  The annual budget shall be submitted to the governors of the
   14  two  states  and  shall  take  effect  as submitted provided that either
   15  governor may within thirty days disapprove or reduce any item or  items,
   16  and the budget shall be adjusted accordingly.
   17    2. After taking into account such funds as may be available to it from
   18  reserves  in  excess  of ten per cent of such budget under this compact,
   19  federal grants, or otherwise, the balance of the  commission's  budgeted
   20  expenses  shall  be  obtained  by fees payable under this article and by
   21  assessments upon employers of persons licensed  under  this  compact  as
   22  provided in this article.
   23    3. With respect to airfreightmen and airfreightman supervisors who are
   24  employed by an air freight truck carrier regularly to move freight to or
   25  from an airport, the employers shall pay to the commission for each such
   26  airfreightman  and  airfreightman  supervisor a license fee to be deter-
   27  mined by the commission, not in excess of one hundred dollars  for  each
   28  year,  commencing  with  the  first day of April.  The employer of every
   29  person who is issued a permit of fixed duration by  the  commission  for
   30  ingress  to an air freight security area, or the permittee himself if he
   31  is self-employed, shall pay to the commission a fee to be determined  by
   32  the  commission,  not  in  excess of seventy-five dollars for each year,
   33  commencing with the first day of April.  The commission shall reduce the
   34  maximum  fees  payable  under  this  section  proportionately  with  any
   35  reduction in the maximum assessment rate of two per cent provided for by
   36  this section.
   37    4.  Every  employer  of  airfreightmen  and  airfreightman supervisors
   38  licensed by the commission, except  as  otherwise  provided  in  section
   39  three  of  this  article,  shall  pay  to  the  commission an assessment
   40  computed upon the gross payroll payments made by such employer to airfr-
   41  eightmen and airfreightman supervisors for work performed as such, at  a
   42  rate,  not in excess of two per cent, computed by the commission, in the
   43  following manner:  the commission shall annually estimate the fees paya-
   44  ble under this section and the gross payroll  payments  to  be  made  by
   45  employers subject to assessment and shall compute the fees and a rate of
   46  assessment  which  will yield revenues sufficient to finance the balance
   47  of the commission's budget for each year as provided in subdivision  two
   48  of  this  section.  The  commission may hold in reserve an amount not to
   49  exceed ten per cent of its total budgeted expenses for the  year,  which
   50  reserve shall not be included as part of the budget.  Such reserve shall
   51  be  held  for  the  stabilization  of annual assessments, the payment of
   52  operating deficits and for the repayment of any advances made by the two
   53  states.
   54    5. The amount required to balance the commission's budget in excess of
   55  the estimated yield of the maximum fees and assessment, shall be  certi-
   56  fied  by  the commission, with the approval of the respective governors,
       A. 7413                            77
    1  to the legislatures of the two states, in proportion to  the  respective
    2  totals  of the assessments and fees paid to the commission by persons in
    3  each of the two states.  The legislatures shall annually appropriate  to
    4  the commission the amount so certified.
    5    6.  The  assessments  and fees hereunder shall be in lieu of any other
    6  charge for the issuance of licenses or permits by the commission  pursu-
    7  ant to this compact.
    8    7.  In  addition to any other sanction provided by law, the commission
    9  may revoke or suspend any license or permit held by any  employer  under
   10  this compact and/or the license or permit held under this compact by any
   11  employees of such employer, or the permit held under this compact by any
   12  permittee  who is self-employed, and in addition the commission may deny
   13  ingress to such employers, employees or permittees to air freight  secu-
   14  rity areas, for nonpayment of any assessment or fee when due.
   15    8.  Every  person  subject to the payment of any assessment under this
   16  compact shall file on or before the twentieth day of the first month  of
   17  each  calendar quarter-year a separate return, together with the payment
   18  of the assessment due, for the preceding  calendar  quarter-year  during
   19  which  any  payroll  payments  were  made  to  licensed persons for whom
   20  assessments are payable for work performed as such. Returns covering the
   21  amount of assessment payable shall be filed with the commission on forms
   22  to be furnished for such purpose and shall contain such  data,  informa-
   23  tion  or  matter  as  the commission may require to be included therein.
   24  The commission may grant a  reasonable  extension  of  time  for  filing
   25  returns,  or  for  payment  of  assessment,  whenever good cause exists.
   26  Every return shall have annexed thereto a certification  to  the  effect
   27  that the statements contained therein are true.
   28    9.  Every  person subject to the payment of assessment hereunder shall
   29  keep an accurate record of his employment of licensed persons  for  whom
   30  assessments  are  payable,  which  shall show the amount of compensation
   31  paid and such other information as the commission  may  require.    Such
   32  records  shall  be preserved for a period of three years and be open for
   33  inspection at reasonable times.   The  commission  may  consent  to  the
   34  destruction  of  any  such  records at any time after said period or may
   35  require that they be kept longer but not in excess of six years.
   36    10. (a) The commission shall audit and determine the amount of assess-
   37  ment due from the return filed and such other information as  is  avail-
   38  able  to  it.    Whenever  a  deficiency in payment of the assessment is
   39  determined the commission shall give notice of any such determination to
   40  the person liable  therefor.    Such  determination  shall  finally  and
   41  conclusively  fix  the  amount due, unless the person against whom it is
   42  assessed shall, within thirty days after the giving of  notice  of  such
   43  determination,  apply  in  writing  to  the commission for a hearing, or
   44  unless the commission on its own motion shall reduce the  same.    After
   45  such  hearing,  the  commission shall give notice of its decision to the
   46  person liable therefor.  A determination of the  commission  under  this
   47  subdivision shall be subject to judicial review, if application for such
   48  review  is  made  within  thirty days after the giving of notice of such
   49  decision.  Any determination under this section  shall  be  made  within
   50  five years from the time the return was filed and if no return was filed
   51  such determination may be made at any time.
   52    (b)  Any notice authorized or required under this section may be given
   53  by mailing the same to the person for whom it is intended  at  the  last
   54  address  given  by him to the commission, or in the last return filed by
   55  him with the commission under this section, or if  no  return  has  been
   56  filed  then  to  such address as may be obtainable.  The mailing of such
       A. 7413                            78
    1  notice shall be presumptive evidence of  the  receipt  of  same  by  the
    2  person  to  whom  addressed.  Any  period  of  time, which is determined
    3  according to the provision of this subdivision, for the giving of notice
    4  shall commence to run from the date of mailing of such notice.
    5    11. Every person required to pay a fee for a license or a permit under
    6  this  section shall pay the same upon filing of the application with the
    7  commission for such license or permit.   The fee  for  such  license  or
    8  permit shall be prorated for the fiscal year for which the same is paya-
    9  ble  as  of the date the application for such license or permit is filed
   10  with the commission.  The commission shall prorate and make a refund  of
   11  such  fee for the period between the date of application and the date of
   12  the issuance of such license or permit.  Upon surrender of such  license
   13  or permit or upon the revocation of any such license or permit issued to
   14  an  employee  before  the  expiration of the fiscal year, the commission
   15  shall make a refund prorated for the unexpired portion of the year, less
   16  ten per cent of such refund.  In the event of denial of any  application
   17  for  a  license or permit, the commission shall refund the fee paid upon
   18  application, less ten per cent of such refund.
   19    12.  Whenever any person shall fail to pay, within  the  time  limited
   20  herein, any assessment or fee which he is required to pay to the commis-
   21  sion  under  the  provisions  of this section the commission may enforce
   22  payment of such assessment or fee by civil action for the amount of such
   23  assessment or fee with interest and penalties.
   24    13. The employment by a nonresident of a licensed person or  permittee
   25  for  whom  assessments or fees are payable in either state or the desig-
   26  nation by a nonresident of a licensed person  or  permittee  to  perform
   27  work  in such state shall be deemed equivalent to an appointment by such
   28  nonresident of the secretary of state of such state to be his  true  and
   29  lawful  attorney  upon  whom  may be served the process in any action or
   30  proceeding against him growing out of any liability for  assessments  or
   31  fees, penalties or interest, and a consent that any such process against
   32  him  which is so served shall be of the same legal force and validity as
   33  if served on him personally within such state and within the territorial
   34  jurisdiction of the court from which the process  issues.    Service  of
   35  process  within  either  state  shall  be  made by either (1) personally
   36  delivering to and leaving with the secretary of state or a deputy secre-
   37  tary of state of such state duplicate copies thereof at  the  office  of
   38  the  department  of  state  in  the capital city of such state, in which
   39  event such secretary of state shall forthwith send  by  registered  mail
   40  one  of  such copies to the person at the last address designated by him
   41  to the commission for any purpose under this  section  or  in  the  last
   42  return  filed  by him under this section with the commission or as shown
   43  on the records of the commission, or if no return has been filed, at his
   44  last known office  address  within  or    without  such  state,  or  (2)
   45  personally  delivering  to  and leaving with the secretary of state or a
   46  deputy secretary of state of such state a copy thereof at the office  of
   47  the  department of state in the capital city of such state and by deliv-
   48  ering a copy thereof to  the  person,  personally  without  such  state.
   49  Proof  of  such  personal service without such state shall be filed with
   50  the clerk of the court in which the process  is  pending  within  thirty
   51  days  after  such  service  and  such service shall be complete ten days
   52  after proof thereof is filed.
   53    14. Whenever the commission shall determine that any  moneys  received
   54  as  assessments  or fees were paid in error, it may cause the same to be
   55  refunded, provided an application therefor is filed with the  commission
   56  within two years from the time the erroneous payment was made.
       A. 7413                            79
    1    15.  In addition to any other powers authorized hereunder, the commis-
    2  sion shall have power to make reasonable rules and regulations to effec-
    3  tuate the purposes of this section.
    4    16.  When  any person shall wilfully fail to pay any assessment or fee
    5  due hereunder he shall be assessed interest at a rate of  one  per  cent
    6  per month on the amount due and unpaid and penalties of five per cent of
    7  the  amount due for each thirty days or part thereof that the assessment
    8  remains unpaid.  The commission may, for good cause shown, abate all  or
    9  part of such penalty.
   10    17.   Any person who shall wilfully furnish false or fraudulent infor-
   11  mation or shall  wilfully  fail  to  furnish  pertinent  information  as
   12  required, with respect to the amount of any assessment or fee due, shall
   13  be  guilty  of  a misdemeanor, punishable by a fine of not more than one
   14  thousand dollars, or imprisonment for not more than one year, or both.
   15    18. All funds of the commission shall be deposited with such responsi-
   16  ble banks or trust companies as may be  designated  by  the  commission.
   17  The  commission  may  require that all such deposits be secured by obli-
   18  gations of the United States or of the states of New York or New  Jersey
   19  of  a market value equal at all times to the amount of the deposits, and
   20  all banks and trust companies are authorized to give such  security  for
   21  such deposits.  The moneys so deposited shall be withdrawn only by check
   22  signed  by  two  members  of the commission or by such other officers or
   23  employees of the commission as it may from time to time designate.
   24    19. The accounts, books and records of the commission,  including  its
   25  receipts,  disbursements,  contracts,  leases, investments and any other
   26  matters relating to its financial standing shall be examined and audited
   27  annually by independent auditors to be retained for such purpose by  the
   28  commission.
   29    20.   The commission shall reimburse each state for any funds advanced
   30  to the commission exclusive of sums appropriated pursuant to subdivision
   31  five of this section.
   32    S 453. General violations; prosecutions; penalties.  1. The failure of
   33  any witness, when duly  subpoenaed  to  attend,  to  give  testimony  or
   34  produce other evidence in any investigation, interview or other proceed-
   35  ing  conducted  by  the  commission  pursuant  to the provisions of this
   36  compact, shall be punishable by the superior court in New Jersey and the
   37  supreme court in New York in the same manner as said failure is punisha-
   38  ble by such court in a case therein pending.
   39    2. Any person who, having been duly sworn or affirmed as a witness  in
   40  any  investigation,  interview  or  other  proceeding  conducted  by the
   41  commission pursuant to the provisions of this  compact,  shall  wilfully
   42  give  false  testimony  shall be guilty of a misdemeanor punishable by a
   43  fine of not more than one thousand dollars or imprisonment for not  more
   44  than one year or both.
   45    3.  Any person who interferes with or impedes the orderly licensing of
   46  or orderly granting of any permits to any other person pursuant to  this
   47  compact,  or  who  attempts,  conspires, or threatens so to do, shall be
   48  guilty of a misdemeanor punishable by a fine of not more than one  thou-
   49  sand dollars or imprisonment for not more than one year or both.
   50    4.  Any  person  who  directly  or indirectly inflicts or threatens to
   51  inflict any injury, damage, harm or loss or in any  other  manner  prac-
   52  tices  intimidation  upon  or  against  any person in order to induce or
   53  compel such person or any other  person  to  refrain  from  obtaining  a
   54  license  or  permit pursuant to this compact shall be guilty of a misde-
   55  meanor punishable by a fine of not more than  one  thousand  dollars  or
   56  imprisonment for not more than one year or both.
       A. 7413                            80
    1    5. Any person who, without justification or excuse in law, directly or
    2  indirectly,  intimidates  or  inflicts any injury, damage, harm, loss or
    3  economic reprisal upon any person who holds a license or  permit  issued
    4  by  the  commission  pursuant  to  this compact, or any other person, or
    5  attempts,  conspires  or threatens so to do, in order to interfere with,
    6  impede or influence such licensee or permittee  in  the  performance  or
    7  discharge of his duties or obligations shall be guilty of a misdemeanor,
    8  punishable  by a fine of not more than one thousand dollars or imprison-
    9  ment of not more than one year or both.
   10    6. Any person who shall violate any of the provisions of this compact,
   11  for which no other penalty is prescribed, shall be guilty of a misdemea-
   12  nor, punishable by a fine of not more than one thousand  dollars  or  by
   13  imprisonment for not more than one year or both.
   14    7.  In  any  prosecution under this compact, it shall be sufficient to
   15  prove only a single act (or a single holding out or attempt)  prohibited
   16  by  law without having to prove a general course of conduct, in order to
   17  prove a violation.
   18    S 454. Amendments; construction;  short  title.    1.  Amendments  and
   19  supplements  to  this  compact  to implement the purposes thereof may be
   20  adopted by the action of the legislature of either state concurred in by
   21  the legislature of the other.
   22    2.  If any part or provision of this compact or the application there-
   23  of to any person or circumstances be adjudged invalid by  any  court  of
   24  competent jurisdiction, such judgment shall be confined in its operation
   25  to  the  part, provision or application directly involved in the contro-
   26  versy in which such judgment shall have  been  rendered  and  shall  not
   27  affect  or  impair  the validity of the remainder of this compact or the
   28  application thereof to other persons or circumstances and the two states
   29  hereby declare that they would have entered into  this  compact  or  the
   30  remainder  thereof  had  the invalidity of such provision or application
   31  thereof been apparent.
   32    3. In accordance with the ordinary rules for  construction  of  inter-
   33  state  compacts  this  compact shall be liberally construed to eliminate
   34  the evils described therein and to effectuate the purposes thereof.
   35    4. This compact shall be known  and  may  be  cited  as  the  "Airport
   36  Commission Compact".
   37                                   PART V
   38    S  455.  Prohibition against unions having officers, agents or employ-
   39  ees who have been convicted of certain crimes and offenses.   No  person
   40  shall  solicit,  collect or receive any dues, assessments, levies, fines
   41  or contributions, or other charges within the state for or on behalf  of
   42  any  labor  organization  which receives, directly or indirectly, twenty
   43  per cent or more of its dues, assessments,  levies,  fines  or  contrib-
   44  utions,  or  other  charges from persons who hold licenses issued by the
   45  commission pursuant to the airport commission  compact,  or  for  or  on
   46  behalf  of  a  labor organization which derives its charter from a labor
   47  organization which receives, directly or indirectly, twenty per cent  or
   48  more  of its dues, assessments, levies, fines or contributions, or other
   49  charges from persons who hold licenses issued by the commission pursuant
   50  to the airport commission compact, if any officer, agent or employee  of
   51  such  labor  organization,  or  of  a welfare fund or trust administered
   52  partially or entirely by such labor organization or by trustees or other
   53  persons designated by such labor organization, has been convicted  by  a
   54  court  of  the  United  States,  or any state or territory thereof, of a
       A. 7413                            81
    1  felony, any misdemeanor  involving  moral  turpitude  or  any  crime  or
    2  offense  enumerated  in  subdivision (a) of subdivision three of section
    3  four hundred forty-eight of this article, unless he has been subsequent-
    4  ly  pardoned  therefor by the governor or other appropriate authority of
    5  the state or jurisdiction in  which  such  conviction  was  had  or  has
    6  received    a certificate of good conduct or other relief from disabili-
    7  ties arising from the fact of conviction from a board of parole or simi-
    8  lar authority.  No person so convicted shall serve as an officer,  agent
    9  or  employee  of  such  labor organization, welfare fund or trust unless
   10  such person has been so pardoned or has received such a  certificate  of
   11  good  conduct.    No  person, including such labor organization, welfare
   12  fund or trust, shall knowingly permit such convicted person to assume or
   13  hold any office, agency or employment in violation of this section.
   14    As used in this section, the term "labor organization" shall mean  and
   15  include any organization which exists and is constituted for the purpose
   16  in whole or in part of collective bargaining, or of dealing with employ-
   17  ers  concerning  grievances,  terms  and conditions of employment, or of
   18  other mutual aid or protection;  but it shall not include  a  federation
   19  or  congress  of labor organizations organized on a national or interna-
   20  tional basis even though one of its constituent labor organizations  may
   21  represent persons who hold licenses issued by the commission pursuant to
   22  the airport commission compact.
   23    S  456.  Prohibition  against  employer organizations having officers,
   24  agents or employees who  have  been  convicted  of  certain  crimes  and
   25  offenses.  No person shall solicit, collect or receive any dues, assess-
   26  ments, levies, fines or contributions, or other charges within the state
   27  for  or on behalf of any organization of employers (whether incorporated
   28  or not) twenty per cent or more of whose members have in  their  employ-
   29  ment  any employees who are members of a labor organization to which the
   30  prohibition of section four hundred fifty-five of this part is  applica-
   31  ble,  if any officer, agent or employee of such employer organization or
   32  of a welfare fund or trust administered partially or  entirely  by  such
   33  employer organization or by trustees or other persons designated by such
   34  employer  organization,  has  been  convicted  by  a court of the United
   35  States, or any state or territory thereof, of a felony, any  misdemeanor
   36  involving  moral  turpitude  or any crime or offense enumerated in para-
   37  graph (a) of subdivision three of section four  hundred  forty-eight  of
   38  the  compact  established pursuant to part IV of this article, unless he
   39  has been subsequently pardoned therefor by the governor or other  appro-
   40  priate  authority  of the state or jurisdiction in which such conviction
   41  was had or has received a certificate of good conduct  or  other  relief
   42  from  disabilities  arising  from the fact of conviction from a board of
   43  parole or similar authority.  No person so convicted shall serve  as  an
   44  officer,  agent  or employee of such employer organization, welfare fund
   45  or trust unless such person has been so pardoned or has received such  a
   46  certificate of good  conduct.  No person, including such employer organ-
   47  ization,  welfare  fund  or trust, shall knowingly permit such convicted
   48  person to assume or hold any office, agency or employment  in  violation
   49  of this section.
   50    S 457. Exceptions to sections four hundred fifty-five and four hundred
   51  fifty-six  of  this  part for certain employees.  If upon application to
   52  the commission by an employee who has  been  convicted  of  a  crime  or
   53  offense  specified  in  section  four hundred fifty-five or section four
   54  hundred fifty-six of this part the commission, in its discretion, deter-
   55  mines in an order that it would not be  contrary  to  the  purposes  and
   56  objectives  of  the airport commission compact for such employee to work
       A. 7413                            82
    1  in a particular employment otherwise prohibited by section four  hundred
    2  fifty-five  or section four hundred fifty-six, the provisions of section
    3  four hundred fifty-five or section four hundred fifty-six, as  the  case
    4  may  be,  shall  not apply to the particular employment of such employee
    5  with respect to such conviction or convictions as are specified  in  the
    6  commission's  order.  This section is applicable only to those employees
    7  who for wages or salary perform manual, mechanical or physical work of a
    8  routine or clerical nature at the premises of  the  labor  organization,
    9  employer organization, welfare fund or trust by which they are employed.
   10    S 458. Civil penalties.  The commission may maintain a civil action on
   11  behalf  of  the  state  against  any  person who violates or attempts or
   12  conspires to violate any provision of this part or who fails,  omits  or
   13  neglects  to  obey, observe or comply with any order or direction of the
   14  commission issued under this part, to recover a  judgment  for  a  money
   15  penalty  not  exceeding five hundred dollars for each and every offense.
   16  Every violation of any such provision, order or  direction  shall  be  a
   17  separate  and  distinct  offense and, in case of a continuing violation,
   18  every day's continuance shall be and be deemed  to  be  a  separate  and
   19  distinct  offense.  Any  such  action  may be settled or discontinued on
   20  application of the commission upon such terms as the court  may  approve
   21  and  a  judgment  may  be  rendered  for  an amount less than the amount
   22  demanded in the complaint as justice may require.
   23    S 459. Civil enforcement.  The commission may maintain a civil  action
   24  against  any  person  to compel compliance with any of the provisions of
   25  this compact or any order or direction of the  commission  issued  under
   26  this  compact  or  to  prevent  violations,  attempts or conspiracies to
   27  violate any such provisions, or interference, attempts  or  conspiracies
   28  to  interfere  with  or impede the enforcement of any such provisions or
   29  the exercise or performance of any power or duty thereunder,  either  by
   30  mandamus,  injunction  or  action  or  proceeding in lieu of prerogative
   31  writ.
   32    S 460. Exemption from arrest and service of process.  If a  person  in
   33  obedience  to  a subpoena, issued pursuant to this part directing him to
   34  attend and testify comes into either state party to this part  from  the
   35  other  state, he shall not, while in that state pursuant to such subpoe-
   36  na, be subject to arrest or the service of process, civil  or  criminal,
   37  in  connection  with  matters  which arose before his entrance into such
   38  state under the subpoena.
   39    S 461. Nonresident witnesses.  Any investigation, interview  or  other
   40  proceeding  conducted  by  the  commission pursuant to the provisions of
   41  this compact shall be deemed to be a civil action pending in the supreme
   42  court in New York or in the superior court in New Jersey so as to permit
   43  the commission to obtain disclosure, in accordance with  the  provisions
   44  governing  disclosure  in such civil actions, from any person who may be
   45  outside the states.
   46    S 462. Officers and employees.  Any officer or employee in the  state,
   47  county  or municipal civil service in either state who shall transfer to
   48  service with the commission may be given one or more leaves  of  absence
   49  without  pay  and  may, before the expiration of such leave or leaves of
   50  absence, and without further examination or qualification, return to his
   51  former position or be certified by the appropriate civil service  agency
   52  for retransfer to a comparable position in such state, county, or munic-
   53  ipal civil service if such a position is then available.
   54    The  commission  may,  by agreement with any federal agency from which
   55  any officer or employee may transfer to  service  with  the  commission,
       A. 7413                            83
    1  make similar provision for the retransfer of such officer or employee to
    2  such federal agency.
    3    Notwithstanding  the  provisions of any other law in either state, any
    4  officer or employee in the state, county or municipal service in  either
    5  state  who  shall  transfer  to service with the commission and who is a
    6  member of any existing state, county or municipal pension or  retirement
    7  system  in  New  Jersey  or New York, shall continue to have all rights,
    8  privileges, obligations and status with respect to such fund, system  or
    9  systems  as if he had continued in his state, county or municipal office
   10  or employment, but during the period of his service as a member, officer
   11  or employee of the commission,  all  contributions  to  any  pension  or
   12  retirement  fund or system to be paid by the employer on account of such
   13  member, officer or employee, shall be  paid  by  the  commission.    The
   14  commission  may,  by agreement with the appropriate federal agency, make
   15  similar provisions relating to continuance of retirement system  member-
   16  ship for any federal officer or employee so transferred.
   17    S  463. Penalties.  Any person who shall violate any of the provisions
   18  of this compact, for which no other  penalty  is  prescribed,  shall  be
   19  guilty of a misdemeanor, punishable by a fine of not more than one thou-
   20  sand dollars or imprisonment for not more than one year or both.
   21    S  464. Short title.  This part shall be known and may be cited as the
   22  "Waterfront and airport commission act".
   23                                  ARTICLE V
   24                   APPROVAL OR VETO POWER OF THE GOVERNOR
   25  Section 500. Approval or veto power.
   26          501. Procurement.
   27          502. Effect of veto.
   28          503. Exception to reporting requirement.
   29    S 500. Approval or veto power.  Except as provided by this article, no
   30  action taken at any meeting of the port authority  by  any  commissioner
   31  appointed  from  the  state of New York shall have force or effect until
   32  the governor of the state of New  York  shall  have  an  opportunity  to
   33  approve  or veto the same under the provisions of article sixteen of the
   34  port compact or treaty entered into between the states of New  York  and
   35  New  Jersey,  dated April thirtieth, nineteen hundred and twenty-one and
   36  continued by subdivision four of section one hundred nine of this  chap-
   37  ter.
   38    S  501.  Procurement.    For the purpose of procuring such approval or
   39  veto, the secretary or other officer of the port authority in charge  of
   40  the minutes of the proceedings of that body shall transmit to the gover-
   41  nor  at  the executive chamber in Albany a certified copy of the minutes
   42  of every meeting of the port authority as soon after the holding of such
   43  meeting as such minutes can be written out.  The governor shall,  within
   44  ten  days,  Saturdays,  Sundays and public holidays excepted, after such
   45  minutes shall have been delivered at the executive chamber as aforesaid,
   46  cause the same to be returned to the  port  authority  either  with  his
   47  approval  or  with his veto of any action therein recited as having been
   48  taken by  any  commissioner  appointed  from  the  state  of  New  York,
   49  provided,  however,  that  if  the  governor  shall  not return the said
   50  minutes within the said period then at the expiration thereof any action
   51  therein recited will have full force and effect according to the wording
   52  thereof.
   53    S 502. Effect of veto.  If the governor within the said period returns
   54  the said minutes with a veto against the action of any commissioner from
       A. 7413                            84
    1  New York as recited therein, then such action of such commissioner shall
    2  be null and void.
    3    S  503. Exception to reporting requirement.  The governor may by order
    4  filed with the secretary of the port authority relieve the commissioners
    5  from the duty of procuring his approval of their action upon any partic-
    6  ular matter or class of matters, and thereupon the  secretary  or  other
    7  officer  in  charge of the minutes of the proceedings of that body shall
    8  be relieved from reporting the same to him.
    9                                 ARTICLE VI
   10                            MOTOR TRUCK TERMINALS
   11  Section 601. Motor truck terminals.
   12          602. Acquisition of real property for public use.
   13    S 601. Motor truck terminals.  The bonds or  other  obligations  which
   14  may  be  issued by the port authority from time to time to provide funds
   15  for the establishment, acquisition and  rehabilitation  of  motor  truck
   16  terminals  (by which are meant terminals consisting of one or more plat-
   17  forms, sheds, buildings, structures, facilities or  improvements  neces-
   18  sary,  convenient  or desirable in the opinion of the port authority for
   19  the accommodation of motor  trucks  for  the  loading  or  unloading  of
   20  freight  upon  or from motor trucks or the receipt, delivery, storage or
   21  handling of freight transported or to be transported by motor trucks  or
   22  the  interchange  or  transfer thereof between carriers) located at such
   23  point or points within the port of New York district as the port author-
   24  ity may deem to be desirable and in the  public  interest,  or  for  the
   25  acquisition of real or personal property in connection therewith, or for
   26  any  other  purpose  in  connection with the establishment, acquisition,
   27  construction, rehabilitation, maintenance or  operation  of  such  truck
   28  terminals  or any of them, are hereby made securities in which all state
   29  and municipal officers and bodies, all banks, bankers, trust  companies,
   30  savings  banks, building and loan associations, savings and loan associ-
   31  ations, investment companies and other persons  carrying  on  a  banking
   32  business,  all  insurance  companies,  insurance associations, and other
   33  persons carrying on an insurance business, and all administrators, exec-
   34  utors, guardians, trustees and other fiduciaries, and all other  persons
   35  whatsoever,  who  are  now  or  may hereafter be authorized to invest in
   36  bonds or other obligations of the state, may properly and legally invest
   37  any funds, including capital, belonging to them or within their control;
   38  and said obligations are hereby made securities which may  properly  and
   39  legally  be deposited with and shall be received by any state or munici-
   40  pal officer or agency for any purpose for which the deposit of bonds  or
   41  other obligations of this state is now or may hereafter be authorized.
   42    S  602.  Acquisition  of  real  property for public use.   If, for the
   43  purpose of  effectuating,  acquiring,  constructing,  rehabilitating  or
   44  improving  any  motor  truck  terminal, the port authority shall find it
   45  necessary or convenient to acquire any real property, as herein  defined
   46  in  this  state, whether for immediate or future use, the port authority
   47  may find and determine that such property, whether a fee simple absolute
   48  or a lesser interest, is required for public use, and upon such determi-
   49  nation, the said property shall be and shall be deemed  to  be  required
   50  for such public use until otherwise determined by the port authority.
   51    If  the  port  authority is unable to agree for the acquisition of any
   52  such real property for any reason whatsoever, then  the  port  authority
   53  may acquire and is hereby authorized to acquire such property, whether a
   54  fee  simple  absolute or a lesser interest, by the exercise of the right
       A. 7413                            85
    1  of eminent domain under and pursuant to the provisions  of  the  eminent
    2  domain procedure law.
    3    The  power  of  the  port authority to acquire real property hereunder
    4  shall be a continuing power, and no exercise thereof shall be deemed  to
    5  exhaust it.
    6    Anything  in this article to the contrary notwithstanding, no property
    7  now or hereafter vested in or held by the state  or  any  county,  city,
    8  borough,  village,  township or other municipality shall be taken by the
    9  port authority, without the authority or consent of the state or of such
   10  county, city,  borough,  village,  township  or  other  municipality  as
   11  provided  in  the  compact of April thirty, nineteen hundred twenty-one,
   12  between the states of New York and New Jersey and continued by article I
   13  of this chapter, nor shall anything herein impair or invalidate  in  any
   14  way any bonded indebtedness of the state, or such county, city, borough,
   15  village,  township  or  other municipality, nor impair the provisions of
   16  law regulating the payment into sinking funds of  revenue  derived  from
   17  municipal  property,  or  dedicating the revenues derived from municipal
   18  property, to a specific purpose.    Moreover,  no  property  devoted  to
   19  public  use  by  any  railroad or railway corporation, or public utility
   20  corporation, or by any other corporation, shall be  taken  by  the  port
   21  authority  without  the  authority  or consent of such corporation.  The
   22  port authority is hereby authorized and empowered to  acquire  from  any
   23  such  county, city, borough, village, township or other municipality, or
   24  from any other public agency or commission having  jurisdiction  in  the
   25  premises, or from any such corporation, by agreement therewith, and such
   26  county,  city,  borough, village, township, municipality, public agency,
   27  commission, or corporation, notwithstanding any  contrary  provision  of
   28  law, is hereby authorized and empowered to grant and convey upon reason-
   29  able  terms and conditions any real property, which may be necessary for
   30  the establishment, construction,  acquisition,  rehabilitation,  mainte-
   31  nance and operation of such truck terminals, including such real proper-
   32  ty as has already been devoted to a public use.
   33    The  port  authority and its duly authorized agents and employees may,
   34  in the case of land situate in the state of  New  York  subject  to  the
   35  provisions  of the eminent domain procedure law and in any other case as
   36  provided by law, enter upon any land in this state for  the  purpose  of
   37  making  such surveys, maps, or other examinations thereof as it may deem
   38  necessary or convenient for the purposes of this article.
   39    The term "real property" as used in this article is defined to include
   40  lands, structures, franchises and interests  in  land,  including  lands
   41  under  water  and  riparian  rights,  and  any and all things and rights
   42  usually included within the said term, and includes not only fees simple
   43  absolute but also any and  all  lesser  interests,  such  as  easements,
   44  rights  of way, uses, leases, licenses and all other incorporeal heredi-
   45  taments and every estate, interest or right, legal or equitable, includ-
   46  ing terms of years, and liens thereon by way of judgments, mortgages  or
   47  otherwise, and also claims for damages to real estate.
   48                                 ARTICLE VII
   49             PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM
   50  Section 701. Payment of a fair and reasonable sum.
   51          702. Acceptance of payment.
   52    S 701. Payment of a fair and reasonable sum. To the end that counties,
   53  cities, boroughs, villages, towns, townships and other municipalities in
   54  the  port  of  New York district, may not suffer undue loss of taxes and
       A. 7413                            86
    1  assessments by reason of the acquisition and ownership of property ther-
    2  ein by the port authority, the port authority is hereby  authorized  and
    3  empowered,  in  its  discretion,  to enter into a voluntary agreement or
    4  agreements  with  any  county, city, borough, village, town, township or
    5  other municipality in said port district, whereby it will  undertake  to
    6  pay  a  fair  and reasonable sum or sums annually in connection with any
    7  marine or inland terminal property owned by it, not in excess of the sum
    8  last paid as taxes upon such property prior to the time of its  acquisi-
    9  tion  by  the  port authority.   Such payment or payments which the port
   10  authority is hereby authorized and empowered to make, shall be  in  such
   11  amount  or  amounts and shall be payable at such time or times and under
   12  such terms and conditions as shall be agreed upon  by  and  between  the
   13  port  authority  and such county, city, village, borough, town, township
   14  or other municipality concerned.
   15    S 702. Acceptance of payment. Every county,  city,  village,  borough,
   16  town,  township  or  other municipality in the port of New York district
   17  aforesaid is hereby authorized and empowered to enter into  such  agree-
   18  ment  or  agreements  with  the  port authority to accept the payment or
   19  payments which the port authority is hereby authorized and empowered  to
   20  make.  The sums so received by any county, city, village, borough, town,
   21  township  or  other  municipality  shall be devoted to purposes to which
   22  taxes may be applied, unless and until otherwise directed by the law  of
   23  the state in which such municipality is located.
   24                                ARTICLE VIII
   25                    PAYMENT AND ACCEPTANCE OF A FAIR AND
   26                    REASONABLE SUM FOR A CHANGE IN GRADE
   27  Section 801. Change of grade.
   28    S  801. Change of grade. To the end that the owners of property in the
   29  port of New York district abutting upon streets, avenues or other  high-
   30  ways,  the  grade of which will be changed by reason of the construction
   31  by the port authority of any public improvement in the port of New  York
   32  district,  may not suffer undue loss and injury by reason of such change
   33  of grade, the authority is  hereby  authorized  and  empowered,  in  its
   34  discretion, to enter into voluntary agreements with such abutting owners
   35  of property which is built upon or otherwise improved in conformity with
   36  the  grade  of any street, avenue or other highway established by lawful
   37  authority in the port of New York district, whereby it will undertake to
   38  pay a fair and reasonable sum to such abutting  owners  for  the  damage
   39  occasioned  by such change of grade to the buildings and improvements on
   40  such property. The term "owners" as used in this section  shall  include
   41  all  persons  having any estate, interest, or easement in such property,
   42  or any lien, charge or encumbrance  thereon.  Such  payments  which  the
   43  authority  is  hereby authorized and empowered to make, shall be in such
   44  amounts and shall be payable at such times  and  under  such  terms  and
   45  conditions as shall be agreed upon by and between the authority and such
   46  owners concerned.
   47                                 ARTICLE IX
   48          THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY
   49  Section 901. Procedure.
   50          902. Conveyances.
   51    S  901. Procedure. Whenever the port authority shall determine to sell
   52  any real property which may have been acquired by the port authority  by
       A. 7413                            87
    1  purchase,  condemnation  or otherwise, pursuant to any of its powers and
    2  authorities, but which real property is  no  longer  required  for  such
    3  purposes, the following procedure shall be followed:
    4    1. A map shall be made of such real property so determined as no long-
    5  er required, which map shall be filed in the office of the port authori-
    6  ty.
    7    2.  There  shall  be annexed to such map a certificate executed by the
    8  chief engineer of the port authority stating that such real property  is
    9  no longer required for such purposes.
   10    3.  All  or  any  portion  of said real property may be sold at either
   11  private or public sale, and all deeds of conveyance therefor shall be by
   12  bargain and sale and shall be executed by  the  chairman,  or  the  vice
   13  chairman, or the general manager, or an assistant general manager of the
   14  port authority and attested by the secretary thereof.
   15    S 902. Conveyances. The validity of all conveyances heretofore made by
   16  the port authority is hereby ratified and confirmed.
   17                                  ARTICLE X
   18                       MONEYS FOR PRELIMINARY STUDIES
   19  Section 1001. Moneys advanced.
   20          1002. Delivery of bonds and/or moneys.
   21          1003. Direct and general obligations of the port authority.
   22          1004. Securities.
   23          1005. Initial reimbursement of moneys advanced by the states.
   24          1006. Further reimbursement of moneys advanced by the states.
   25          1007. Deposit of bonds or moneys by the comptroller.
   26    S 1001. Moneys advanced.  The states of New York and New Jersey having
   27  heretofore  advanced  sums  aggregating one hundred forty-nine thousand,
   28  nine hundred eighteen dollars and twenty cents  and  one  hundred  fifty
   29  thousand  dollars,  respectively,  to the port authority for preliminary
   30  studies upon the interstate vehicular bridges now known  as  the  Outer-
   31  bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to
   32  agreements  between  the two states that said moneys should be paid back
   33  when the construction debt has  been  amortized,  and  said  two  states
   34  having  advanced  further  sums aggregating four million dollars each in
   35  aid of the construction of said bridges pursuant to  agreements  between
   36  the two states that said moneys should be paid back out of bridge reven-
   37  ues  in  specified  annual  installments,  if and when earned over prior
   38  charges, and the revenues from said bridges having been insufficient  to
   39  permit  any  such payments up to the present time but the port authority
   40  being in a position to fund its obligations to pay back  said  appropri-
   41  ations,  now, therefore, upon the concurrence of the state of New Jersey
   42  as provided in section eight hereof, the states  of  New  York  and  New
   43  Jersey  hereby  agree  that the obligations of the port authority to pay
   44  back said moneys may be satisfied and discharged by the delivery to  the
   45  two states of bonds or moneys, or both, in an aggregate principal amount
   46  equal to said appropriations, as hereinafter provided.
   47    S  1002.  Delivery of bonds and/or moneys.  Bonds, or moneys, or both,
   48  in an aggregate principal amount of two million fifty  thousand  dollars
   49  shall  be  delivered to each state within three months after the date on
   50  which chapter 352 of the laws of 1946 and the concurrent article of  the
   51  state of New Jersey take effect. Within fifteen months after the date on
   52  which  chapter 352 of the laws of 1946 and the concurrent article of the
   53  state of New Jersey take effect, an additional two  million  ninety-nine
   54  thousand  nine  hundred  eighteen  dollars and twenty cents in aggregate
       A. 7413                            88
    1  principal amount of bonds or moneys, or both, shall be delivered to  the
    2  state  of  New  York  and an additional two million one hundred thousand
    3  dollars in aggregate principal amount of bonds, or moneys, or both shall
    4  be  delivered to the state of New Jersey provided, that if, in the opin-
    5  ion of the commissioners of the port authority, financial conditions are
    6  such as to make it desirable to postpone such delivery, then delivery of
    7  said additional amounts shall be postponed in whole  or  in  part  until
    8  such  time, not later than five years from the effective date of chapter
    9  352 of the laws of 1946, as in the judgment of said commissioners finan-
   10  cial conditions permit such delivery.
   11    The port authority shall determine whether payments made  pursuant  to
   12  this article and the concurrent article of the state of New Jersey shall
   13  be  made  by  delivery  of bonds or of moneys, or both, and, if both, in
   14  what proportions. The moneys may, at the option of the  port  authority,
   15  be paid in cash or by check. Delivery of bonds or moneys to the state of
   16  New  York  shall  be made by delivering or tendering delivery thereof to
   17  the comptroller of the state of New York at his office at Albany  during
   18  regular  business hours. Delivery of bonds or moneys to the state of New
   19  Jersey shall be made by delivering or tendering delivery thereof to  the
   20  state treasurer at his office at Trenton during regular business hours.
   21    S  1003.  Direct  and  general obligations of the port authority.  The
   22  bonds delivered to the two states  pursuant  to  this  article  and  the
   23  concurrent article of the state of New Jersey shall be direct and gener-
   24  al  obligations  of  the  port  authority, and its full faith and credit
   25  shall be pledged for the prompt payment of the  principal  and  interest
   26  thereof.  The  payment  of  the  principal and interest thereof shall be
   27  secured by the general reserve fund of the port authority, authorized by
   28  chapter forty-eight of the laws of New  York  of  nineteen  hundred  and
   29  thirty-one  and  continued  by  article XXX of this chapter, and chapter
   30  five of the laws of New Jersey of nineteen hundred and  thirty-one;  and
   31  said  general  reserve fund shall be pledged as security for the payment
   32  of the principal and interest of said bonds and for the  fulfillment  of
   33  other  undertakings  assumed by the port authority to or for the benefit
   34  of the holders of said bonds. Such pledge, however, shall be subject  to
   35  the  right  of the port authority to pledge said general reserve fund as
   36  security for any other bonds, notes or evidences of indebtedness whatso-
   37  ever hereafter issued by the authority as security for which it  may  at
   38  the time be authorized to pledge the said general reserve fund, and also
   39  subject  to  the  right  of the port authority to use the moneys in said
   40  general reserve fund to meet, pay or otherwise fulfill any of its  obli-
   41  gations  under or in connection with any bonds, notes or other evidences
   42  of indebtedness as security for which  said  general  reserve  fund  has
   43  heretofore been or is now pledged or for which said general reserve fund
   44  may  hereafter  be  pledged.  Moreover,  no greater rights in or to said
   45  general reserve fund shall be granted to or conferred upon  the  holders
   46  of  the  bonds  delivered to the two states pursuant to this article and
   47  the concurrent article of the state of New Jersey than have been granted
   48  to and conferred upon the holders of general and refunding bonds of  the
   49  port  authority  issued pursuant to the resolution of the port authority
   50  adopted March eighteenth, nineteen hundred and thirty-five, and  amended
   51  March  twenty-fifth,  nineteen  hundred  and  thirty-five  and September
   52  sixteenth, nineteen hundred and forty-three.
   53    The bonds delivered to the two states pursuant to chapter 352  of  the
   54  laws of 1946 and continued by this article and the concurrent article of
   55  the state of New Jersey shall be dated as of a date not more than thirty
   56  days subsequent to the date on which delivery is made or tendered, shall
       A. 7413                            89
    1  mature  forty years from their date, and shall bear interest at the rate
    2  of one and one-half per centum per annum. Said bonds shall be subject to
    3  redemption at the option of the port authority, in whole or in part,  on
    4  any  interest  payment date or dates at one hundred percent of their par
    5  value, plus accrued interest to the date set for redemption.
    6    Except as  hereinbefore  specifically  provided,  the  port  authority
    7  shall,  by resolution, determine the form, characteristics and all other
    8  matters in connection with said bonds, including  without  limiting  the
    9  generality  hereof,  the  denominations  in  which they shall be issued,
   10  provisions with respect to the exchange of  bonds  of  one  denomination
   11  into bonds of another denomination, provisions with respect to the issu-
   12  ance  of  temporary bonds and the exchange thereof for definitive bonds,
   13  provisions with respect to the establishment of a sinking fund or  sink-
   14  ing  funds  and for the use of the moneys in sinking fund to purchase or
   15  redeem bonds prior to their maturity, provisions  with  respect  to  the
   16  place  of  payment,  provisions  with  respect  to notice of redemption,
   17  provisions with respect  to  the  paying  agent  or  the  registrar  and
   18  provisions with respect to the method of signature.
   19    S  1004.  Securities.    The  bonds delivered by the port authority to
   20  either or both states pursuant to this article and the concurrent  arti-
   21  cle  of the state of New Jersey, and any bonds, notes or other evidences
   22  of indebtedness issued by the authority to provide moneys with which  to
   23  make  payments to either or both states pursuant to this article and the
   24  concurrent article of the state of New Jersey, are hereby  made  securi-
   25  ties  in  which  all  state  and  municipal  officers and bodies of both
   26  states, all banks, bankers, trust companies, savings banks, building and
   27  loan associations, savings and loan associations,  investment  companies
   28  and  other  persons carrying on a banking business, all insurance compa-
   29  nies, insurance associations and other persons carrying on an  insurance
   30  business,  and  all  administrators,  executors, guardians, trustees and
   31  other fiduciaries, and all other persons whatsoever, who are now or  may
   32  hereafter  be  authorized  by  either  state to invest in bonds or other
   33  obligations of such state, may properly and legally  invest  any  funds,
   34  including  capital,  belonging to them or within their control; and said
   35  obligations are hereby made securities which may properly and legally be
   36  deposited with and shall be received by any state or  municipal  officer
   37  or agency of either state for any purpose for which the deposit of bonds
   38  or  other  obligations  of such state is now or may hereafter be author-
   39  ized.
   40    S 1005. Initial reimbursement of moneys advanced by the states.    The
   41  first  two million fifty thousand dollars paid to each state pursuant to
   42  this article and the concurrent article of the state of New Jersey shall
   43  be deemed to be on account of the moneys  advanced  by  such  state  for
   44  preliminary  studies  upon and in aid of the construction of the Bayonne
   45  bridge (formerly known as the Kill von Kull bridge); and from and  after
   46  the  date on which the port authority shall have delivered to each state
   47  pursuant to this article and the concurrent article of the state of  New
   48  Jersey, bonds or moneys or both in the aggregate principal amount of two
   49  million  fifty  thousand  dollars,  the  duty and obligation of the port
   50  authority to pay back to the two states the moneys advanced for prelimi-
   51  nary studies upon and in aid of the construction of said bridge by chap-
   52  ter two hundred seventy-nine of the laws of New York of nineteen hundred
   53  and twenty-six, chapter ninety-seven of the laws of New Jersey of  nine-
   54  teen  hundred  and twenty-five, chapter three hundred of the laws of New
   55  York of nineteen hundred and twenty-seven and chapter three of the  laws
   56  of  New  Jersey  of nineteen hundred and twenty-seven, together with the
       A. 7413                            90
    1  claims of the two states and of each of them for such  repayment,  shall
    2  be  and  shall  be  deemed to be fully satisfied and discharged, and any
    3  lien or claim of the two states or either of them  upon  the  tolls  and
    4  revenues  of  the  said  bridge  arising out of, under or because of the
    5  aforesaid statutes shall be and shall be deemed to be void  and  without
    6  force or effect.
    7    S 1006. Further reimbursement of moneys advanced by the states.  After
    8  the  payment  of  the  first  two million fifty thousand dollars to each
    9  state, the further amounts paid to each state pursuant to  this  article
   10  and the concurrent article of the state of New Jersey shall be deemed to
   11  be  on  account  of  the  moneys  advanced by such state for preliminary
   12  studies upon and in aid of the construction of the Outerbridge  crossing
   13  (formerly  known as the Perth Amboy-Tottenville bridge) and the Goethals
   14  bridge (formerly known as the Elizabeth-Howland Hook bridge);  and  from
   15  and  after the date on which pursuant to this article and the concurrent
   16  article of the state of New Jersey the port authority shall have  deliv-
   17  ered bonds or moneys, or both, to the state of New York in the aggregate
   18  principal  amount of two million ninety-nine thousand nine hundred eigh-
   19  teen dollars and twenty cents and to the state  of  New  Jersey  in  the
   20  aggregate  principal amount of two million one hundred thousand dollars,
   21  in each case in addition to the first two million fifty thousand dollars
   22  paid to such state under and pursuant to this article and the concurrent
   23  article of the state of New Jersey, then the duty and obligation of  the
   24  port  authority  to  pay  back to the two states the moneys advanced for
   25  preliminary studies upon and in aid of  the  construction  of  said  two
   26  bridges by chapters one hundred eighty-six and two hundred thirty of the
   27  laws  of  New York of nineteen hundred twenty-four, chapters one hundred
   28  twenty-five and one hundred forty-nine of the  laws  of  New  Jersey  of
   29  nineteen hundred twenty-four, chapter two hundred ten of the laws of New
   30  York  of  nineteen  hundred  twenty-five and chapter thirty-seven of the
   31  laws of New Jersey of nineteen hundred twenty-five,  together  with  the
   32  claims  of  the two states and of each of them for such repayment, shall
   33  be and shall be deemed to be fully satisfied  and  discharged,  and  any
   34  lien  or  claim  of  the two states or either of them upon the tolls and
   35  revenues of said bridges arising out of, under or because of the  afore-
   36  said  statutes shall be and shall be deemed to be void and without force
   37  or effect.
   38    S 1007. Deposit of bonds or moneys by the comptroller.   All bonds  or
   39  moneys,  or  both, delivered by the port authority to the comptroller of
   40  the state of New York pursuant to this article shall be deposited by him
   41  in the post-war reconstruction fund in the state treasury.
   42                                 ARTICLE XI
   43                             MOTOR BUS TERMINAL
   44  Section 1101. Establishment.
   45          1102. Funding.
   46          1103. Maintenance and operation.
   47          1104. Powers.
   48          1105. Acquisition of real property.
   49    S 1101. Establishment.   Upon the concurrence  of  the  state  of  New
   50  Jersey,  the  states  of  New  York and New Jersey hereby agree that the
   51  moneys in the general reserve fund of the port authority, authorized  by
   52  chapter forty-eight of the laws of New York of one thousand nine hundred
   53  thirty-one  and  chapter  five of the laws of New Jersey of one thousand
   54  nine hundred thirty-one, as amended, may be pledged in whole or in  part
       A. 7413                            91
    1  by  the port authority as security for or applied by it to the repayment
    2  with interest of any moneys which it may  raise  upon  bonds,  notes  or
    3  other  obligations  or evidences of indebtedness, issued by it from time
    4  to time to provide funds for the establishment, acquisition or rehabili-
    5  tation  of a motor bus terminal (by which is meant a terminal consisting
    6  of one or more buildings, structures, improvements, loading or unloading
    7  areas, parking areas  or  other  facilities,  necessary,  convenient  or
    8  desirable  in the opinion of the port authority for the accommodation of
    9  omnibuses and other motor vehicles operated by carriers engaged  in  the
   10  transportation of passengers, or for the loading, unloading, interchange
   11  or  transfer  of  such passengers or their baggage, or otherwise for the
   12  accommodation, use or convenience of such passengers or such carriers or
   13  their employees) or for purposes  incidental  thereto;    and  that  the
   14  moneys in said general reserve fund may be applied by the port authority
   15  to  the  fulfillment of any other undertakings which it may assume to or
   16  for the benefit of the holders of any of such bonds;  and the  two  said
   17  states further agree that the port authority may acquire by condemnation
   18  or  the  right  of eminent domain such real property in each state as it
   19  may from time to time deem necessary  for  or  in  connection  with  the
   20  establishment,  acquisition  and rehabilitation of such motor bus termi-
   21  nal.
   22    S 1102. Funding.  The bonds, notes or other obligations  or  evidences
   23  of  indebtedness  issued  by the port authority to provide funds for the
   24  establishment, acquisition and rehabilitation of such motor bus terminal
   25  are hereby made securities in which all state and municipal officers and
   26  bodies of both states, all  banks,  bankers,  trust  companies,  savings
   27  banks,  building  and  loan associations, savings and loan associations,
   28  investment companies and other persons carrying on a  banking  business,
   29  all insurance companies, insurance associations and other persons carry-
   30  ing on an insurance business, and all administrators, executors, guardi-
   31  ans,  trustees  and other fiduciaries, and all other persons whatsoever,
   32  who are now or may hereafter be authorized by either state to invest  in
   33  bonds  or  other  obligations  of  such  state, may properly and legally
   34  invest any funds, including capital, belonging to them or  within  their
   35  control; and said obligations are hereby made securities which may prop-
   36  erly and legally be deposited with and shall be received by any state or
   37  municipal  officer  or  agency of either state for any purpose for which
   38  the deposit of bonds or other obligations of such state is  now  or  may
   39  hereafter be authorized.
   40    S 1103. Maintenance and operation.  The establishment, maintenance and
   41  operation  of  such  motor  bus  terminal  within  the  port of New York
   42  district is and will be in all respects for the benefit of the people of
   43  the states of New York  and  New  Jersey,  for  the  increase  of  their
   44  commerce  and  prosperity  and  for  the improvement of their health and
   45  living conditions; and the port authority shall be regarded as  perform-
   46  ing  an essential governmental function in undertaking the construction,
   47  maintenance and operation thereof and in carrying out the provisions  of
   48  law relating thereto.
   49    S  1104.  Powers.    Any  powers granted to the port authority by this
   50  article and the concurrent act of the  state  of  New  Jersey  shall  be
   51  regarded  as  in aid of and supplemental to and in no sense as a limita-
   52  tion upon any of the other powers vested in it  by  the  two  states  or
   53  either  of  them; and the port authority shall be authorized not only to
   54  establish, acquire, rehabilitate, maintain, operate  and  from  time  to
   55  time  improve  such motor bus terminal, but also to make incidental uses
       A. 7413                            92
    1  of properties acquired for or in connection with such motor  bus  termi-
    2  nal.
    3    S 1105. Acquisition of real property.  If, for the purpose of effectu-
    4  ating,  acquiring,  constructing, rehabilitating or improving such motor
    5  bus terminal, the port authority shall find it necessary  or  convenient
    6  to  acquire any real property, as herein defined, in this state, whether
    7  for immediate or future use, the port authority may find  and  determine
    8  that  such property, whether a fee simple absolute or a lesser interest,
    9  is required for public use, and upon such determination, the said  prop-
   10  erty  shall  be  and  shall be deemed to be required for such public use
   11  until  otherwise  determined  by  the  port  authority;  and  with   the
   12  exceptions  hereinafter specifically noted, the said determination shall
   13  not be affected by the fact that  such  property  has  theretofore  been
   14  taken  for,  or  is then devoted to, a public use; but the public use in
   15  the hands or under the control of the port  authority  shall  be  deemed
   16  superior to the public use in the hands of any other person, association
   17  or corporation.
   18    If  the  port  authority is unable to agree for the acquisition of any
   19  such real property for any reason whatsoever, then  the  port  authority
   20  may  acquire and is hereby authorized to acquire such property whether a
   21  fee simple absolute or a lesser interest, by the exercise of  the  right
   22  of  eminent  domain  under and pursuant to the provisions of the eminent
   23  domain procedure law.
   24    Anything in this article to the contrary notwithstanding, no  property
   25  now  or  hereafter  vested  in or held by the state or any county, city,
   26  borough, village, township or other municipality shall be taken  by  the
   27  port authority, without the authority or consent of the state or of such
   28  county,  city,  borough,  village,  township,  or  other municipality as
   29  provided in the compact of April thirtieth, nineteen hundred  twenty-one
   30  and  continued  by  article I of this chapter, between the states of New
   31  York and New Jersey, nor shall anything herein impair or  invalidate  in
   32  any  way  any  bonded  indebtedness  of the state, or such county, city,
   33  borough,  village,  township  or  other  municipality,  nor  impair  the
   34  provisions  of  law regulating the payment into sinking funds of revenue
   35  derived from municipal property, or dedicating the revenues derived from
   36  municipal property to a specific purpose. The port authority  is  hereby
   37  authorized and empowered to acquire from any such county, city, borough,
   38  village, township or other municipality, or from any other public agency
   39  or  commission  having jurisdiction in the premises, by agreement there-
   40  with, and such county, city, borough, village,  township,  municipality,
   41  public  agency  or commission, notwithstanding any contrary provision of
   42  law, is hereby authorized and empowered to grant and convey upon reason-
   43  able terms and conditions, any real property, which may be necessary for
   44  the establishment, construction, acquisition, rehabilitation,  operation
   45  and maintenance of such motor bus terminal, including such real property
   46  as has already been devoted to a public use.
   47    The  port  authority  and its duly authorized agents and employees may
   48  pursuant to the provisions of the eminent  domain  procedure  law  enter
   49  upon  any  land  in  this  state for the purpose of making such surveys,
   50  maps, or other examination thereof as it may deem necessary  or  conven-
   51  ient for the purposes of this article.
   52    The term "real property" as used in this article is defined to include
   53  lands,  structures,  franchises  and  interests in land, including lands
   54  under water and riparian rights, and  any  and  all  things  and  rights
   55  usually included within the said term, and includes not only fees simple
   56  absolute  but  also  any  and  all  lesser interests, such as easements,
       A. 7413                            93
    1  rights of way, uses, leases, licenses and all other incorporeal  heredi-
    2  taments and every estate, interest or right, legal or equitable, includ-
    3  ing  terms of years, and liens thereon by way of judgments, mortgages or
    4  otherwise, and also claims for damages to real estate.
    5                                 ARTICLE XII
    6                              MARINE TERMINALS
    7  Section 1201. Authorization.
    8          1202. Restrictions.
    9          1203. Definitions.
   10          1204. Municipality consent; legal process.
   11          1205. Agreement between the states.
   12          1206. Acquisition of land by eminent domain or condemnation.
   13          1207. Unappropriated lands.
   14          1208. Funding; bonds.
   15    S  1201.  Authorization.    Upon  the  concurrence of the state of New
   16  Jersey, the states of New York and New Jersey hereby agree that  munici-
   17  palities,  as  hereinafter  defined, located within the Port of New York
   18  district shall be and they hereby are authorized to cooperate  with  the
   19  Port  Authority in the development of marine terminals, and the two said
   20  states further agree that the state of New Jersey may authorize the Port
   21  Authority to acquire by condemnation or the exercise  of  the  right  of
   22  eminent  domain  real  property  in  the  state of New Jersey necessary,
   23  convenient or desirable for marine terminal purposes, under and pursuant
   24  to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the
   25  option of the Port Authority, pursuant to such other or alternate proce-
   26  dure as may be provided by law by such state, and that the state of  New
   27  York  may  authorize  the Port Authority to acquire real property in the
   28  state of New York necessary, convenient or desirable for marine terminal
   29  purposes, under and pursuant to the eminent domain procedure law of that
   30  state, or at the option of the Port Authority pursuant to such other  or
   31  alternate procedure as may be provided by law by such state.
   32    S  1202.  Restrictions. Nothing herein contained shall be construed to
   33  authorize the Port Authority to acquire any  marine  terminal  owned  or
   34  operated  by  any  municipality  or  any other property now or hereafter
   35  vested in or held by any municipality, without the authority or  consent
   36  of  such  municipality  as  provided  in the compact of April thirtieth,
   37  nineteen hundred twenty-one and continued by article I of this  chapter,
   38  between the states of New York and New Jersey, nor shall anything herein
   39  impair or invalidate in any way any bonded indebtedness of the state, or
   40  any  municipality,  nor  impair  the  provisions  of  law regulating the
   41  payment into sinking funds of revenue derived from  municipal  property,
   42  or dedicating the revenues derived from municipal property to a specific
   43  purpose.
   44    S 1203. Definitions.  The following terms as used herein shall mean:
   45    1.  "Marine  terminals"  shall mean developments, consisting of one or
   46  more piers, wharves, docks, bulkheads, slips,  basins,  vehicular  road-
   47  ways,  railroad  connections,  side  tracks, sidings or other buildings,
   48  structures, facilities or improvements, necessary or convenient  to  the
   49  accommodation  of  steamships  or  other  vessels  and  their cargoes or
   50  passengers and shall also mean  waterfront  development  projects.    It
   51  shall  also  include  such  highway projects in the vicinity of a marine
   52  terminal providing improved access to such marine terminal as  shall  be
   53  designated in legislation adopted by the two states. Notwithstanding any
   54  contrary provision of law, general, special or local, it shall also mean
       A. 7413                            94
    1  railroad  freight projects related or of benefit to a marine terminal or
    2  which are necessary, convenient or desirable in the opinion of the  port
    3  authority  for  the  protection or promotion of the commerce of the port
    4  district,  consisting  of  railroad freight transportation facilities or
    5  railroad freight terminal facilities;  and any  equipment,  improvement,
    6  structure or facility or any land, and any building, structure, facility
    7  or  other  improvement thereon, or any combination thereof, and all real
    8  and personal property in connection  therewith  or  incidental  thereto,
    9  deemed  necessary  or  desirable  in  the opinion of the port authority,
   10  whether or not now in existence or under construction, for the undertak-
   11  ing of such railroad freight projects.
   12    2. "Marine terminal purposes" shall mean the effectuation,  establish-
   13  ment,  acquisition,  construction,  rehabilitation, improvement, mainte-
   14  nance or operation of marine terminals.
   15    3. "Municipality" shall mean a county, city, borough,  village,  town-
   16  ship, town, public agency, public authority or political subdivision.
   17    4. "Real property" shall mean lands, structures, franchises and inter-
   18  ests  in  land, including waters, lands under water and riparian rights,
   19  and any and all things and rights usually included within the said term,
   20  and includes not only fees simple absolute but also any and  all  lesser
   21  interests,  including but not limited to easements, rights-of-way, uses,
   22  leases, licenses and  all  other  incorporeal  hereditaments  and  every
   23  estate, interest or right, legal or equitable, including terms for years
   24  and liens thereon by way or judgments, mortgages or otherwise.
   25    5. "Waterfront development projects" shall mean projects for the revi-
   26  talization  and economic development of waterfront property which is (a)
   27  not in use for the handling of water-borne cargoes, or (b)  directly  or
   28  indirectly  related  to the water-borne movement of passengers and their
   29  vehicles.  Such projects shall include but not  be  limited  to  hotels,
   30  marinas, commercial offices, including the installation of a fiber optic
   31  cable  within  its  boundaries,  or  facilities  which serve conference,
   32  convention, recreation or entertainment purposes or are  retail  service
   33  establishments,  parking, technical, satellite antenna, similar communi-
   34  cation or other facilities related to any of the foregoing  and  associ-
   35  ated  improvements necessary to provide public access to such waterfront
   36  development projects.  Notwithstanding the above, a waterfront  develop-
   37  ment project authorized by this article shall not contain any technical,
   38  satellite  antenna  or  similar  telecommunications facility unless such
   39  facility is directly used by, and for the sole  benefit  of,  end  users
   40  located on the site of the project. Furthermore, no port authority money
   41  shall be used directly or indirectly in the financing or construction of
   42  said telecommunications facility.
   43    S  1204.  Municipality consent; legal process.  1. Notwithstanding any
   44  contrary provision of law, any municipality located within the  Port  of
   45  New  York  district is authorized and empowered to consent to the use by
   46  the Port Authority of any marine terminal owned by such municipality  or
   47  of  any  real or personal property owned by such municipality and neces-
   48  sary, convenient or desirable in the opinion of the Port  Authority  for
   49  marine  terminal  purposes,  including such real property as has already
   50  been devoted to a public use, and as an incident  to  such  consent,  to
   51  grant,  convey,  lease  or  otherwise transfer to the Port Authority any
   52  such marine terminal or real or personal property, upon  such  terms  as
   53  may  be  determined  by the Port Authority and such municipality.  Every
   54  such municipality is also authorized and empowered to vest in  the  Port
   55  Authority the control, operation, maintenance, rents, tolls, charges and
   56  any  and  all  other  revenues  of any marine terminal now owned by such
       A. 7413                            95
    1  municipality, the title to such marine terminal remaining in such  muni-
    2  cipality.   Such consent shall be given, and the execution of any agree-
    3  ment, deed,  lease,  conveyance  or  other  instrument  evidencing  such
    4  consent  or  given  as  an  incident  thereto shall be authorized in the
    5  manner provided in article twenty-two of the compact of April thirtieth,
    6  nineteen hundred twenty-one between the two  states  creating  the  Port
    7  Authority and continued by subdivision 2 of section 104 of this chapter.
    8    2.  The  states  of  New  York and New Jersey hereby consent to suits,
    9  actions or proceedings of any form or nature in law, equity or otherwise
   10  by any municipality against the Port Authority upon, in connection  with
   11  or  arising  out  of  any such agreement, agreements or any modification
   12  thereof or supplement thereto, for the following types of relief and for
   13  such purposes only:
   14    (a) for money damages for breach thereof;
   15    (b) for money damages for torts arising out of the  operation  of  the
   16  municipal marine terminal;
   17    (c) for rent;
   18    (d) for specific performance;
   19    (e) for reformation thereof;
   20    (f) for an accounting;
   21    (g) For declaratory judgment;
   22    (h) for judgments, orders or decrees restraining or enjoining the Port
   23  Authority  from  transferring title to real property to third persons in
   24  cases where it has contracted with such municipality  to  transfer  such
   25  title to such municipality; and
   26    (i) for judgments, orders or decrees restraining or enjoining the Port
   27  Authority from committing or continuing to commit other breaches of such
   28  agreements with such municipality, provided that such judgment, order or
   29  decree  shall  not be entered except upon two days' prior written notice
   30  to the Port  Authority  of  the  proposed  entry  thereof  and  provided
   31  further, that upon an appeal taken by the Port Authority from such judg-
   32  ment,  order or decree the service of the notice of appeal shall perfect
   33  the appeal and shall stay the  execution  of  such  judgment,  order  or
   34  decree appealed from, without an undertaking or other security.
   35    3.  When  rules  of  venue are applicable, the venue of any such suit,
   36  action or proceeding shall be laid in the county or judicial district in
   37  which the marine terminal, which is the subject matter of such agreement
   38  between the Port Authority and such municipality, or any  part  thereof,
   39  is located.
   40    4.  If any clause, sentence, paragraph, or part of this subdivision or
   41  the application thereof to any person or circumstances, shall,  for  any
   42  reason,  be adjudged by a court of competent jurisdiction to be invalid,
   43  such judgment shall not affect, impair, or invalidate the  remainder  of
   44  this  subdivision,  and  the  application thereof to any other person or
   45  circumstances, but shall be confined in its  operation  to  the  clause,
   46  sentence, paragraph or part thereof directly involved in the controversy
   47  in  which  such  judgment  shall have been rendered and to the person or
   48  circumstances involved.
   49    S 1205. Agreement between the states.  This section and the  preceding
   50  sections  hereof  constitute an agreement between the states of New York
   51  and New Jersey supplementary to the compact between the two states dated
   52  April thirtieth, nineteen hundred twenty-one, and amendatory thereof and
   53  continued by article I of this chapter and shall be liberally  construed
   54  to effectuate the purposes of said compact and of the comprehensive plan
   55  heretofore  adopted  by  the two states pursuant thereto, and the powers
   56  vested in the Port Authority hereby shall be construed to be in  aid  of
       A. 7413                            96
    1  and  supplemental  to  and not in limitation or derogation of any of the
    2  powers heretofore conferred upon or delegated to the Port Authority.
    3    S  1206.  Acquisition  of  land  by  eminent  domain  of condemnation.
    4  Subject to the limitation provided for in section twelve hundred two  of
    5  this article that the Port Authority may not acquire any marine terminal
    6  owned or operated by any municipality or any other property vested in or
    7  held  by any municipality without the authority or consent of such muni-
    8  cipality, the Port Authority may, at its option, exercise the  right  of
    9  eminent  domain or condemnation to acquire real property in the state of
   10  New York for marine terminal purposes as set forth in this section:
   11    1. If for any of the purposes of  this  article  (including  temporary
   12  construction  purposes,  and  the  making  of  additions, extensions, or
   13  improvements to marine terminals already constructed) the Port Authority
   14  shall find it necessary, convenient or desirable  to  acquire  any  real
   15  property  as  herein  defined,  whether for immediate or future use, the
   16  Port Authority may find and determine that such property, whether a  fee
   17  simple  absolute or a lesser interest, is required for a public use, and
   18  upon such determination, the said real property shall be  and  shall  be
   19  deemed  to be required for such public use until otherwise determined by
   20  the Port Authority;  and, subject to the limitation hereinbefore specif-
   21  ically noted, the said determination shall not be affected by  the  fact
   22  that  such  property  has theretofore been taken for, or is then devoted
   23  to, a public use;  but the public use in the hands or under the  control
   24  of  the Port Authority shall be deemed superior to the public use in the
   25  hands of any other person, association or corporation, provided,  howev-
   26  er,  that  nothing  herein  contained  shall  be construed to permit the
   27  taking by exercise of the right of eminent domain by the Port  Authority
   28  of any property owned by any railroad or railway corporation and devoted
   29  to  use  by such corporation in its operations, or acquired prior to the
   30  effective date of this article  and  held  for  such  use,  without  the
   31  authority or consent of such corporation.
   32    The  Port  Authority  may  acquire and is hereby authorized to acquire
   33  such property, whether a fee simple absolute or a  lesser  interest,  by
   34  the  exercise  of  the right of eminent domain under and pursuant to the
   35  provisions of the eminent domain procedure law of the state of New York.
   36    2. Unless and until the state of New York otherwise provides  by  law,
   37  the  Port Authority shall not have the power to acquire real property in
   38  the state of New York for marine terminal purposes  by  condemnation  or
   39  the  right  of  eminent  domain  except for real property within the two
   40  tracts in the borough of Brooklyn, county of Kings, city  and  state  of
   41  New  York,  hereinafter  bounded and described, necessary, convenient or
   42  desirable, in the opinion of the Port  Authority,  for  the  purpose  of
   43  making  additions,  extensions  or  improvements  to  the Port Authority
   44  marine terminal known as the Brooklyn-Port Authority piers:
   45    (a) TRACT I
   46    BEGINNING at a point formed by the intersection of the  centerline  of
   47  Fulton  Street  and  the  centerline of Furman Street running thence (1)
   48  southwesterly along the centerline of Furman Street to the northeasterly
   49  side of Joralemon Street;  thence (2) northwesterly along the northeast-
   50  erly side of Joralemon Street three hundred twenty five and  twenty-five
   51  one  hundredths  feet more or less, to the point of intersection of said
   52  northeasterly side of Joralemon Street with the  southeasterly  boundary
   53  of  the  land granted by the people of the state of New York to New York
   54  Dock Company by grant dated April 1, 1902 and recorded in the office  of
   55  the  Regster of Kings county on April 19, 1902 in liber 16, section 1 of
   56  conveyances, page 52; thence (3) southwesterly along said  southeasterly
       A. 7413                            97
    1  boundary  of the grant to New York Dock Company thirty feet to the point
    2  of intersection of said southeasterly boundary of the grant to New  York
    3  Dock  Company  with  the northeasterly boundary of the grant made by the
    4  people  of the state of New York to John Schenck and others dated August
    5  2, 1851 and recorded in the office of the Register of  Kings  county  in
    6  liber 532 of conveyances at page 310; thence (4) northwesterly along the
    7  northeasterly  boundary line of said grant to Schenck and others, forty-
    8  three and eighty-nine one-hundredths feet to the point  of  intersection
    9  of  said  course  number (4) with a line drawn parallel with and distant
   10  one and eighty-five one-hundredths feet northwesterly from the northwes-
   11  terly boundary (or a northeasterly projection of said boundary) of lands
   12  conveyed by New York Dock Company to  New  York  Dock  Trade  Facilities
   13  Corporation  by  deed dated August 1, 1928 and recorded in the office of
   14  the Register of Kings county in liber 4957 of conveyances at  page  239;
   15  thence  (5)  southwesterly along said line above-mentioned parallel with
   16  the northwesterly boundary (or a northeasterly projection of said bound-
   17  ary) of said lands conveyed to New York  Dock  Trade  Facilities  Corpo-
   18  ration,  thirty-three  and  seventy  one-hundredths feet to the point of
   19  intersection of said course number (5) with the  southwesterly  face  of
   20  the column standing at the northwesterly corner of the building known as
   21  the Trade Facilities Building;  thence (6) southeasterly at right angles
   22  to  said  course  no. (5) along the southwesterly face of the above-men-
   23  tioned column, one and eighty-five one-hundredths feet to the  point  of
   24  intersection  of  said course number (6) with the northwesterly boundary
   25  of the above-mentioned lands conveyed by New York Dock  Company  to  New
   26  York  Dock Trade Facilities Corporation;  thence (7) southwesterly along
   27  said northwesterly boundary of lands conveyed to  New  York  Dock  Trade
   28  Facilities  Corporation,  three  hundred sixty-nine and seventy one-hun-
   29  dredths feet, to the point of intersection of  said  course  number  (7)
   30  with  the  southwesterly  boundary of lands granted by the people of the
   31  state of New York to Harriet D.  Talmage by grant dated August  2,  1851
   32  and recorded in the office of the Register of Kings county in liber 4937
   33  of  conveyances  at page 185; thence (8) northwesterly along said south-
   34  westerly boundary of the land of Harriet D. Talmage and along the south-
   35  westerly boundary of grant made by the people of the state of  New  York
   36  to Franklin Woodruff by deed dated November 22, 1881 and recorded in the
   37  office  of  the Register of Kings county in liber 1445 of conveyances at
   38  page 247; and along the southwesterly boundary line of lands granted  by
   39  the  people  of  the state of New York to New York Dock Company by grant
   40  dated April 1, 1902 and recorded in the office of the Register of  Kings
   41  county  in  liber  16,  section  1  of conveyances, page 52, for a total
   42  distance of seven hundred sixty-six and seventeen  one-hundredths  feet,
   43  more or less, as measured along said southwesterly boundary lines of the
   44  aforesaid  grants  to  the  point  of intersection of said southwesterly
   45  boundary line of lands granted to New York Dock Company by grants  dated
   46  April  1,  1902  and  November  14, 1907 with the exterior pierhead line
   47  established by the New York Harbor Line Board on November  4,  1897  and
   48  confirmed  by chapter 776 of the laws of 1900;  thence (9) northeasterly
   49  along said exterior pierhead line to the intersection thereof  with  the
   50  centerline of Fulton Street projected westerly; thence (10) southeaster-
   51  ly  along  the  centerline  of  Fulton Street as projected to the inter-
   52  section thereof with the centerline of Furman Street  at  the  point  or
   53  place of beginning.
   54    (b) TRACT II
   55    BEGINNING  at a point formed by the intersection of the southerly line
   56  of Atlantic Avenue and the centerline of Columbia Street running  thence
       A. 7413                            98
    1  (1)  southwesterly along the centerline of Columbia Street to the inter-
    2  section thereof  with  the  centerline  of  Kane  Street;    thence  (2)
    3  northwesterly  along  the  centerline of Kane Street to the intersection
    4  thereof  with  the centerline of Van Brunt Street;  thence (3) southwes-
    5  terly along the centerline of Van Brunt Street to the intersection ther-
    6  eof with the centerline of Summit  Street;    thence  (4)  northwesterly
    7  along  the  centerline of Summit Street to the intersection thereof with
    8  the centerline of Imlay Street;   thence  (5)  southwesterly  along  the
    9  centerline  of  Imlay  Street  to a point where said centerline of Imlay
   10  Street intersects the centerline  of  Bowne  Street  (sixty  feet  wide)
   11  projected  northwesterly  across  Imlay  Street  and  the  line of lands
   12  conveyed by New York Dock Company to Imlay  Corporation  by  deed  dated
   13  July  28, 1950;  thence (6) northwesterly along said centerline of Bowne
   14  Street projected northwesterly from the centerline  of  Imlay  Street  a
   15  distance  of  one  hundred  thirty-three feet seven inches more or less;
   16  thence (7) southwesterly parallel with the northwesterly side  of  Imlay
   17  Street five hundred twenty feet to a point in a line which is the center
   18  line  of  Commerce Street projected northwesterly from the northwesterly
   19  side of Imlay Street;  thence (8) northwesterly along said line which is
   20  the center line of Commerce  Street  projected  northwesterly  from  the
   21  northwesterly side of Imlay Street twenty-three feet six inches;  thence
   22  (9)  southwesterly  parallel with the northwesterly side of Imlay Street
   23  four hundred fifty-seven feet eight inches;   thence (10)  northwesterly
   24  parallel   with  the  northeasterly  side  of  Verona  Street  projected
   25  northwesterly across Imlay Street four feet eight  inches;  thence  (11)
   26  southwesterly parallel with the northwesterly side of Imlay Street nine-
   27  ty-two  feet  four inches to the intersection of said course number (11)
   28  with the southwesterly side of  Verona  Street  projected  northwesterly
   29  across  Imlay  Street; thence (12) northwesterly along the southwesterly
   30  side of Verona Street projected  northwesterly  from  the  northwesterly
   31  side  of Imlay Street forty-three feet three inches to the southeasterly
   32  boundary of Commercial Wharf;    thence  (13)  southwesterly  along  the
   33  southeasterly  boundary  of Commercial Wharf four hundred ninety feet to
   34  the centerline of  Pioneer  Street  (sixty  feet  wide);    thence  (14)
   35  northwesterly  along  the  centerline  of Pioneer Street ten feet to the
   36  centerline of Conover Street as extended;    thence  (15)  southwesterly
   37  along  the  centerline  of Conover Street two hundred sixty feet more or
   38  less to the intersection thereof with the  centerline  of  King  Street;
   39  thence  (16)  northwesterly  along  the  centerline  of King Street five
   40  hundred sixty feet more or less to the  intersection  thereof  with  the
   41  centerline  of  Ferris  Street;    thence  (17)  southwesterly along the
   42  centerline of Ferris Street one hundred forty-four feet  more  or  less;
   43  thence  (18)  northwesterly and parallel with the centerline of Sullivan
   44  Street four hundred twenty-six feet;  thence (19) northeasterly parallel
   45  with the northwesterly side of Ferris Street  three  hundred  thirty-one
   46  feet  three and one half inches;  thence (20) northwesterly along a line
   47  forming an exterior angle of ninety-nine degrees fifty-four minutes  and
   48  forty-one  seconds  with  course number (19) hereof, two hundred thirty-
   49  eight feet two inches to the United States  pierhead  line  thence  (21)
   50  northeasterly  along  the  United  States  pierhead line to the point of
   51  intersection of said pierhead line with a line drawn in continuation  of
   52  the  southerly side of Atlantic Avenue;  thence (22) southeasterly along
   53  said line drawn in continuation of the southerly side of Atlantic Avenue
   54  and along the said southerly side of Atlantic Avenue, one thousand three
   55  hundred seventy-five and sixty-seven one-hundredths feet, more  or  less
   56  to the point or place of beginning.
       A. 7413                            99
    1    3.  The  foregoing limitations shall not be construed to limit, affect
    2  or impair the power of the Port Authority to acquire  real  property  at
    3  any  time or place for marine terminal purposes by negotiation or in any
    4  manner other than by condemnation  or  the  exercise  of  the  right  of
    5  eminent domain.
    6    S  1207.  Unappropriated lands.   In the event that the Port Authority
    7  shall find it necessary or desirable to acquire any unappropriated state
    8  land or lands under water in the state of New York for  marine  terminal
    9  purposes,  the  commissioner  of general services may grant, transfer or
   10  convey such unappropriated state land or lands under water to  the  Port
   11  Authority  under  such terms and conditions as may be determined by said
   12  commissioner.
   13    S 1208. Funding; bonds. The obligations issued by the  port  authority
   14  to provide funds for any marine terminal purpose are hereby made securi-
   15  ties  in  which  all  state  and  municipal  officers and bodies of both
   16  states, all trust companies and banks  other  than  savings  banks,  all
   17  building  and  loan associations, savings and loan associations, invest-
   18  ment companies and other persons carrying on a commercial banking  busi-
   19  ness,  all insurance companies, insurance associations and other persons
   20  carrying on an insurance business, and  all  administrators,  executors,
   21  guardians,  trustees  and  other  fiduciaries, and all other persons and
   22  legal entities whatsoever (other than savings banks), who are now or may
   23  hereafter be authorized by either state  to  invest  in  bonds  of  such
   24  state,  may  properly  and  legally invest any funds, including capital,
   25  belonging to them or within their  control,  and  said  obligations  are
   26  hereby  made securities which may properly and legally be deposited with
   27  and shall be received by any state or municipal  officer  or  agency  of
   28  either  state  for  any  purpose  for which the deposit of bonds of such
   29  state is now or may hereafter be authorized.  The obligations issued  by
   30  the  port  authority to provide funds for any marine terminal purpose as
   31  security for which the  general  reserve  fund  of  the  port  authority
   32  authorized  by  chapter  forty-eight of the laws of New York of nineteen
   33  hundred thirty-one as amended and continued by article XXX of this chap-
   34  ter, shall have been pledged in whole or in part are hereby made securi-
   35  ties in which all savings banks also may properly and legally invest any
   36  funds, including capital, belonging to them or within their control.
   37                                ARTICLE XIII
   38                                AIR TERMINALS
   39  Section 1301.   Authorization.
   40          1302.   Restrictions.
   41          1303.   Definitions.
   42          1304.   Purpose.
   43          1304-a. Operation of air terminals; noise prohibition.
   44          1305.   Taxes; assessments.
   45          1306.   General reserve fund; repayment.
   46          1307.   Bonds.
   47          1308.   Municipality consent.
   48          1309.   Acquisition limitations.
   49          1310.   Federal aid.
   50          1311.   Lands under water.
   51          1312.   Repayment of bonds and obligations.
   52          1313.   Contrary declarations.
   53          1314.   Agreement between the states.
   54          1315.   Federal aid procedure; application.
       A. 7413                            100
    1    S 1301. Authorization.   Upon the concurrence  of  the  state  of  New
    2  Jersey,  the  states  of  New York and New Jersey declare and agree that
    3  each air terminal within the Port of New York District serves the entire
    4  district, and that the problem of furnishing  proper  and  adequate  air
    5  terminal  facilities  within  the  district is a regional and interstate
    6  problem, and that it is and shall be the policy of  the  two  states  to
    7  encourage the integration of such air terminals so far as practicable in
    8  a unified system.
    9    Accordingly, in furtherance of said policy and in partial effectuation
   10  of  the comprehensive plan, heretofore adopted by the two states for the
   11  development of terminal and transportation facilities in the Port of New
   12  York District, the states of New York and New Jersey agree that the port
   13  authority  shall  be  authorized  to  effectuate,  establish,   acquire,
   14  construct, rehabilitate, improve, maintain and operate air terminals, as
   15  hereinafter  defined,  within the Port of New York District, and the two
   16  said states further agree that all cities  and  other  state  and  local
   17  agencies  shall  be and they hereby are authorized to cooperate with the
   18  port authority in the  development  of  air  terminals,  as  hereinafter
   19  provided.
   20    S  1302. Restrictions.  Nothing herein contained shall be construed to
   21  authorize the port authority to acquire any air terminal owned or  oper-
   22  ated by any city or other municipality or public authority, or any other
   23  property now or hereafter vested in or held by any city or other munici-
   24  pality  or  public  authority,  without the authority or consent of such
   25  city or other municipality or  public  authority,  as  provided  in  the
   26  compact  of  April thirtieth, nineteen hundred twenty-one, and continued
   27  by article I of this chapter, between the states of  New  York  and  New
   28  Jersey,  nor  shall  anything herein impair or invalidate in any way any
   29  bonded indebtedness of the state, or any city or other  municipality  or
   30  public  authority,  nor  impair  the  provisions  of  law regulating the
   31  payment into sinking funds of revenue derived from  municipal  property,
   32  or dedicating the revenues derived from municipal property to a specific
   33  purpose.
   34    S  1303. Definitions.   The following terms as used herein shall mean:
   35  1. "Air  terminals"  shall  mean  developments  consisting  of  runways,
   36  hangars,  control  towers,  ramps, wharves, bulkheads, buildings, struc-
   37  tures, parking areas, improvements, facilities or  other  real  property
   38  necessary, convenient or desirable for the landing, taking off, accommo-
   39  dation and servicing of aircraft of all types, including but not limited
   40  to  airplanes,  airships,  dirigibles, helicopters, gliders, amphibians,
   41  seaplanes, or any other contrivance now or hereafter used for the  navi-
   42  gation of or flight in air or space, operated by carriers engaged in the
   43  transportation  of  passengers  or cargo, or for the loading, unloading,
   44  interchange or transfer of such passengers or  their  baggage,  or  such
   45  cargo,  or  otherwise  for the accommodation, use or convenience of such
   46  passengers, or such carriers or their employees (facilities and accommo-
   47  dations at sites removed from landing fields and  other  landing  areas,
   48  however,  except as otherwise provided in this section, to be limited to
   49  ticket stations and passenger stations for air  passengers,  to  express
   50  and freight stations for air express and air freight, and to beacons and
   51  other  aids to air navigation), or for the landing, taking off, accommo-
   52  dation and servicing of aircraft owned or operated by persons other than
   53  carriers.  It shall also mean facilities  providing  access  to  an  air
   54  terminal,  consisting  of  rail,  rapid  transit  or other forms of mass
   55  transportation which furnish a connection between the air  terminal  and
   56  other  points in the port district, including appropriate mass transpor-
       A. 7413                            101
    1  tation terminal facilities at and within the  air  terminal  itself  and
    2  suitable  offsite  facilities  for  the accommodation of air passengers,
    3  baggage, mail, express, freight and other users of the connecting facil-
    4  ity.  It shall also mean such highway project or projects in the vicini-
    5  ty  of an air terminal providing improved access to such air terminal as
    6  shall be designated in legislation adopted by the two  states.  Notwith-
    7  standing  any  contrary  provision of law, general, special or local, it
    8  shall also mean railroad freight projects related or of  benefit  to  an
    9  air  terminal  or  which  are  necessary, convenient or desirable in the
   10  opinion of the port authority for the protection  or  promotion  of  the
   11  commerce  of the port district, consisting of railroad freight transpor-
   12  tation facilities or railroad freight  terminal  facilities;    and  any
   13  equipment,  improvement,  structure  or  facility  or  any land, and any
   14  building, structure, facility  or  other  improvement  thereon,  or  any
   15  combination  thereof,  and  all real and personal property in connection
   16  therewith or incidental thereto, deemed necessary or  desirable  in  the
   17  opinion  of the port authority, whether or not now in existence or under
   18  construction, for the undertaking of such railroad freight projects.
   19    2. "Air terminal bonds" shall mean bonds issued by the port  authority
   20  for air terminal purposes.
   21    3. "Air terminal purposes" shall mean the effectuation, establishment,
   22  acquisition,  construction,  rehabilitation, improvement, maintenance or
   23  operation of air terminals owned, leased or operated by the port author-
   24  ity of New York and New Jersey (including airports operated under  revo-
   25  cable  permits)  or  operated  by others pursuant to agreements with the
   26  port authority.
   27    4. "Bonds" shall mean bonds, notes, securities or other obligations or
   28  evidences of indebtedness.
   29    5. "General reserve fund" shall mean the general reserve fund  of  the
   30  port authority authorized by chapter forty-eight of the laws of New York
   31  of  nineteen  hundred thirty-one as amended and continued by article XXX
   32  of this chapter, and chapter five of the laws of New Jersey of  nineteen
   33  hundred thirty-one, as amended.
   34    6.  "General  reserve fund statutes" shall mean chapter forty-eight of
   35  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
   36  continued  by  article XXX of this chapter, and chapter five of the laws
   37  of New Jersey of nineteen hundred thirty-one, as amended.
   38    7. "Municipality" shall mean a county, city, borough,  village,  town-
   39  ship, town, public agency, public authority or political subdivision.
   40    8. "Real property" shall mean lands, structures, franchises and inter-
   41  ests  in  land,  including air space and air rights, waters, lands under
   42  water and riparian rights, and any and all things  and  rights  included
   43  within  the  said  term,  and includes not only fees simple absolute but
   44  also any and all lesser interests, including but not  limited  to  ease-
   45  ments,  rights  of way, uses, leases, licenses and all other incorporeal
   46  hereditaments and every estate, interest or right, legal  or  equitable,
   47  including  terms  for years and liens thereon by way of judgments, mort-
   48  gages or otherwise.
   49    S  1304.  Purpose.    The  effectuation,  establishment,  acquisition,
   50  construction,  rehabilitation, improvement, maintenance and operation of
   51  air terminals by the port authority is and will be in all  respects  for
   52  the  benefit of the people of the states of New York and New Jersey, for
   53  the increase of their commerce and prosperity, and for  the  improvement
   54  of  their health and living conditions;  and the port authority shall be
   55  regarded as performing an essential governmental function in undertaking
   56  the effectuation, establishment,  acquisition,  construction,  rehabili-
       A. 7413                            102
    1  tation,  improvement,  maintenance or operation thereof, and in carrying
    2  out the provisions of law relating thereto.
    3    S  1304-a.  Operation of air terminals; noise prohibition. 1. The port
    4  authority shall not permit or contract for the landing or takeoff of any
    5  aircraft which emits a noise in excess of 108 EPNdB as measured  as  set
    6  forth herein at any airport it maintains or operates; provided, however,
    7  in  any  case  of emergency involving the possible saving of human life,
    8  the prohibition of this subdivision may be temporarily suspended.
    9    2. Measurement. For purposes of this section, aircraft noise is to  be
   10  measured at the following points:
   11    (a)  For  takeoff, at a point 3.5 nautical miles from the start of the
   12  takeoff roll on the extended centerline of the runway;
   13    (b) For approach, at a point one nautical mile from the  threshold  on
   14  the extended centerline of the runway;  and
   15    (c)  For  the  sideline,  at the point, on a line parallel to and 0.25
   16  nautical miles from the extended centerline of  the  runway,  where  the
   17  noise  level  after  liftoff  is  greatest,  except  that, for airplanes
   18  powered by more than three turbojet engines, this distance must be  0.35
   19  nautical miles.
   20    3.  Exceptions.   Notwithstanding the requirements of subdivisions one
   21  and two of this section the port authority in its discretion may, up  to
   22  a  maximum noise level not exceeding 112 PNdB on takeoff, as measured by
   23  the port authority in the manner used by the port authority to make such
   24  measurements on the effective date of this section, grant  an  exception
   25  thereto  to  any classification of aircraft built prior to the effective
   26  date of this article and which has heretofore used the  airport  facili-
   27  ties  of  the  port authority, even though said aircraft does not comply
   28  with subdivisions one and two of this section, upon a showing  that  (a)
   29  the  aircraft  is  capable  of being equipped with retrofit equipment to
   30  reduce the noise thereof to comply with the  foregoing  requirements  of
   31  the  airport  operator,  and, in addition, (b) that such modification by
   32  way of retrofit to reduce its noise  shall  be  accomplished  upon  such
   33  terms  and  conditions  to  assure  compliance as the port authority, as
   34  airport operator, may require, within five years of the date of applica-
   35  tion for an exception hereunder but in no event later than  June  first,
   36  nineteen hundred eighty-one.
   37    S  1305.  Taxes;  assessments. The port authority shall be required to
   38  pay no taxes or assessments upon any of the property acquired or used by
   39  it for air terminal purposes;   but  this  shall  not  be  construed  to
   40  prevent  the port authority and municipalities from entering into agree-
   41  ments for the payment of fair and reasonable sums by the port  authority
   42  annually  in  accordance  with legislation heretofore adopted by the two
   43  states, to the end that such municipalities may not suffer undue loss of
   44  taxes and assessments by reason of  the  acquisition  and  ownership  of
   45  property by the port authority for air terminal purposes.
   46    S  1306.    General reserve fund; repayment. The moneys in the general
   47  reserve fund of the port authority may be pledged in whole or in part by
   48  the port authority as security for or applied by  it  to  the  repayment
   49  with  interest  of any moneys which it may raise upon bonds issued by it
   50  from time to time to provide funds for air terminal purposes;   and  the
   51  moneys in said general reserve fund may be applied by the port authority
   52  to  the  fulfillment of any other undertakings which it may assume to or
   53  for the benefit of the holders of any such bonds.
   54    Subject to prior liens and pledges, (and to the obligation of the port
   55  authority to apply revenues to the maintenance of  its  general  reserve
   56  fund in the amount prescribed by the general reserve fund statutes), the
       A. 7413                            103
    1  revenues of the port authority from facilities established, constructed,
    2  acquired  or  effectuated  through  the issuance or sale of bonds of the
    3  port authority secured by a pledge of its general reserve  fund  may  be
    4  pledged  in  whole  or  in  part as security for or applied by it to the
    5  repayment with interest of any moneys which  it  may  raise  upon  bonds
    6  issued by it to provide funds for air terminal purposes, and said reven-
    7  ues may be applied by the port authority to the fulfillment of any other
    8  undertakings which it may assume to or for the benefit of the holders of
    9  such bonds.
   10    S 1307. Bonds. The bonds issued by the port authority to provide funds
   11  for  air terminal purposes are hereby made securities in which all state
   12  and municipal officers and bodies of both states,  all  banks,  bankers,
   13  trust  companies, savings banks, building and loan associations, savings
   14  and loan associations, investment companies and other  persons  carrying
   15  on  a  banking business, all insurance companies, insurance associations
   16  and other persons carrying on an insurance business, and all administra-
   17  tors, executors, guardians, trustees  and  other  fiduciaries,  and  all
   18  other  persons whatsoever, who are now or may hereafter be authorized by
   19  either state to invest in bonds or other obligations of such state,  may
   20  properly  and  legally invest any funds, including capital, belonging to
   21  them or within their control;  and said bonds are hereby made securities
   22  which may properly and legally be deposited with and shall  be  received
   23  by  any  state  or  municipal  officer or agency of either state for any
   24  purpose for which the deposit of bonds  or  other  obligations  of  such
   25  state is now or may hereafter be authorized.
   26    S   1308.   Municipality  consent.  1.  Notwithstanding  any  contrary
   27  provision of law, every municipality in the Port of New York District is
   28  authorized and empowered to consent to the use by the port authority  of
   29  any  air  terminal owned by such municipality or of any real or personal
   30  property owned by such municipality and necessary, convenient or desira-
   31  ble in the opinion of the port  authority  for  air  terminal  purposes,
   32  including  such  real  property  as has already been devoted to a public
   33  use, and as an incident to such consent, to  grant,  convey,  lease,  or
   34  otherwise  transfer  to the port authority any such air terminal or real
   35  or personal property, upon such terms as may be determined by  the  port
   36  authority  and  such  municipality.    Every  such  municipality is also
   37  authorized and empowered as an incident to such consent to vest  in  the
   38  port authority the control, operation, maintenance, rents, tolls, charg-
   39  es  and any and all other revenues of any air terminal now owned by such
   40  municipality, the title to such air terminal remaining in  such  munici-
   41  pality.  Such consent shall be given and the execution of any agreement,
   42  deed,  lease, conveyance, or other instrument evidencing such consent or
   43  given as an incident thereto shall be authorized in the manner  provided
   44  in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
   45  hundred twenty-one, and continued by article I of this chapter,  between
   46  the two states creating the port authority.
   47    2.  Notwithstanding  any contrary provision of law, every municipality
   48  outside the port district is authorized and empowered to consent to  the
   49  use  of  real property owned by such municipality and necessary, conven-
   50  ient or desirable in the opinion of the port authority  for  beacons  or
   51  other aids to navigation, or to the use of any air space over real prop-
   52  erty owned by such municipality;  and as an incident to such consent, to
   53  grant,  lease,  convey  or otherwise transfer to the port authority such
   54  real property or air space.
   55    Such consent shall be given and the execution of any agreement,  deed,
   56  lease,  conveyance  or other instrument evidencing such consent or given
       A. 7413                            104
    1  as an incident thereto, shall be given by the  officer,  board  or  body
    2  authorized  by  law  to convey such property, or if no officer, board or
    3  body be otherwise authorized so to do, by the  governing  body  of  such
    4  municipality.
    5    3.  The  states  of  New  York and New Jersey hereby consent to suits,
    6  actions or proceedings of any form or nature in law, equity or otherwise
    7  by any city or other municipality against the port  authority  upon,  in
    8  connection with or arising out of any such agreement, agreements, or any
    9  modification  thereof  or supplement thereto, for the following types of
   10  relief and for such purposes only:
   11    (a) For money damages for breach thereof,
   12    (b) For money damages for torts arising out of the  operation  of  the
   13  municipal air terminal,
   14    (c) For rent,
   15    (d) For specific performance,
   16    (e) For reformation thereof,
   17    (f) For accounting,
   18    (g) For declaratory judgment,
   19    (h) For judgments, orders or decrees restraining or enjoining the port
   20  authority  from  transferring title to real property to third persons in
   21  cases where it has contracted with such city or  other  municipality  to
   22  transfer such title to such city or municipality, and
   23    (i) For judgments, orders or decrees restraining or enjoining the port
   24  authority from committing or continuing to commit other breaches of such
   25  agreements with such municipality, provided that such judgment, order or
   26  decree  shall  not be entered except upon two days' prior written notice
   27  to the port  authority  of  the  proposed  entry  thereof  and  provided
   28  further, that upon an appeal taken by the port authority from such judg-
   29  ment,  order or decree the service of the notice of appeal shall perfect
   30  the appeal and shall stay the  execution  of  such  judgment,  order  or
   31  decree appealed from, without an undertaking or other security.
   32    4.  When  rules  of  venue are applicable, the venue of any such suit,
   33  action or proceeding shall be laid in the county or judicial district in
   34  which the air terminal, which is the subject matter  of  such  agreement
   35  between  the  port  authority and the city or other municipality, or any
   36  part thereof, is located.
   37    5. If any clause, sentence, paragraph, or part of this subdivision, or
   38  the application thereof to any person or circumstances, shall,  for  any
   39  reason,  be adjudged by a court of competent jurisdiction to be invalid,
   40  such judgment shall not affect, impair, or invalidate the  remainder  of
   41  this  subdivision,  and  the  application thereof to any other person or
   42  circumstances, but shall be confined in its  operation  to  the  clause,
   43  sentence, paragraph, or part thereof directly involved in the controver-
   44  sy  in which such judgment shall have been rendered and to the person or
   45  circumstances involved.
   46    S 1309. Acquisition limitations.   The powers hereinafter  granted  to
   47  the port authority to acquire real property by condemnation or the right
   48  of  eminent  domain  shall  be  subject  to the limitations set forth in
   49  section thirteen hundred two of this article, and also to the  following
   50  further limitations:
   51    1.  Unless  and until the state of New York otherwise provides by law,
   52  the port authority shall not have power to acquire real property in that
   53  state for air terminal purposes by condemnation or the right of  eminent
   54  domain  except  for  the  purpose  of  making  additions, extensions and
   55  improvements to the three air terminals in New York  city  known  as  La
   56  Guardia  airport,  John F. Kennedy international airport (formerly known
       A. 7413                            105
    1  as Idlewild airport), and Floyd Bennett  airport,  for  the  purpose  of
    2  acquiring  air  rights  or  preventing  or  removing actual or potential
    3  hazards to air navigation within three miles of the runways at said  air
    4  terminals  as  such  runways  may  now  or  hereafter exist, and for the
    5  purpose of establishing or maintaining beacons and  other  aids  to  air
    6  navigation  in  connection with said three air terminals, whether or not
    7  within three miles of said runways. The port authority  shall  not  have
    8  power  to  acquire  by  condemnation or the right of eminent domain real
    9  property in or under the waters of Jamaica Bay for the purpose of adding
   10  to, expanding, extending or constructing runway extensions, or  incorpo-
   11  rating  such  lands  into  the  airport operation; however, this section
   12  shall not prohibit the port authority  from  acquiring  such  lands  for
   13  installing  flight  control and safety equipment to service its existing
   14  runways, nor from installing anti-pollution  devices  and  equipment  in
   15  accordance with its anti-pollution program adopted for the air terminals
   16  in New York city known as John F. Kennedy international airport or Floyd
   17  Bennett airport.
   18    2. Unless and until the state of New Jersey otherwise provides by law,
   19  the  port authority shall not have the power to acquire real property in
   20  the state of New Jersey for air terminal purposes by condemnation or the
   21  right of eminent domain except for  the  purpose  of  making  additions,
   22  extensions  and improvements to the air terminal known as Newark airport
   23  (including additions, extensions and improvements thereto located in the
   24  city of Elizabeth), for the purpose of acquiring air rights or  prevent-
   25  ing  or  removing  actual  or potential hazards to air navigation within
   26  three miles of the runways at said air terminal as such runways may  now
   27  or  hereafter  exist, and for the purpose of establishing or maintaining
   28  beacons and other aids to air navigation in  connection  with  said  air
   29  terminal, whether or not within three miles of said runways.
   30    3.  Unless  otherwise  provided by law by the state in which such real
   31  property is located, the port authority shall not have power to  acquire
   32  for  air  terminal purposes by condemnation, acquisition pursuant to the
   33  provisions of the eminent domain procedure law, or the right of  eminent
   34  domain  subsequent  to  June  thirtieth, nineteen hundred fifty-two, any
   35  real property taken for and actually devoted to a public use,  provided,
   36  that  this  limitation shall not apply to real property a proceeding for
   37  the acquisition of which was initiated prior to that date.
   38    4. The foregoing limitations shall not be construed to  limit,  affect
   39  or  impair  the  power of the port authority to acquire real property at
   40  any time and place for air terminal purposes by negotiation  or  in  any
   41  other   manner   than  by  condemnation,  acquisition  pursuant  to  the
   42  provisions of the eminent domain procedure law, or by  the  exercise  of
   43  the right of eminent domain.
   44    5.  Subject  to the foregoing limitations, if the port authority shall
   45  find it necessary or convenient to acquire any  real  property  for  air
   46  terminal purposes, whether for immediate or future use, the port author-
   47  ity  may  find  and  determine  that such property, whether a fee simple
   48  absolute or a lesser interest, is required for a public  use,  and  upon
   49  such  determination the said property shall be and shall be deemed to be
   50  required for such public use until  otherwise  determined  by  the  port
   51  authority, and such determination shall not be affected by the fact that
   52  such  property  has  theretofore been taken for and is then devoted to a
   53  public use;  but the public use in the hands or under the control of the
   54  port authority shall be deemed superior to the public use in  the  hands
   55  of  any  other  person, association or corporation except a municipality
   56  within or without the port district. The port authority may acquire  and
       A. 7413                            106
    1  is  hereby  authorized  to  acquire  such property, whether a fee simple
    2  absolute or a lesser estate, by the exercise of  the  right  of  eminent
    3  domain  under  and  pursuant  to the eminent domain procedure law of the
    4  state  of  New  York, in the case of property located in such state, and
    5  revised statutes of New Jersey, Title 20:1-1 et seq.,  in  the  case  of
    6  property  situated in such state, or at the option of the port authority
    7  pursuant to such other and alternate procedure in each state as  may  be
    8  provided  by law by such state. The port authority shall have such power
    9  of eminent domain not only in respect to real  property  located  within
   10  the  Port  of New York District but also as to any real property located
   11  outside of the port district which is necessary, incidental  or  conven-
   12  ient  for  the  effectuation,  establishment, acquisition, construction,
   13  rehabilitation or improvement, and  maintenance  and  operation  of  air
   14  terminals  within  the  port district. Nothing herein contained shall be
   15  construed to prevent the port authority from bringing any proceedings to
   16  remove a cloud on title or such other proceedings  as  it  may,  in  its
   17  discretion, deem proper and necessary, or acquiring any such property by
   18  negotiation or purchase.
   19    S 1310. Federal aid.  The port authority may make application directly
   20  to  the proper federal officials or agencies for federal loans or grants
   21  in aid of air terminals owned or  operated  by  it;  provided,  that  if
   22  either  state shall have or adopt general legislation governing applica-
   23  tions for federal aid for air terminals by municipalities of such state,
   24  or the receipt or disbursement of such federal aid by or  on  behalf  of
   25  such  municipalities,  then such legislation shall at the option of such
   26  state apply to applications by the port authority for  federal  aid  for
   27  air  terminals located in such state and to the receipt and disbursement
   28  of such federal aid by or on behalf of the port authority, in  the  same
   29  manner  and  to  the  same extent as other municipalities of such state.
   30  Except as above provided, no agency or commission of either state  shall
   31  have  jurisdiction  over any air terminals under the control of the port
   32  authority, and all details of financing, construction, leasing, charges,
   33  rates, tolls, contracts and the operation  of  air  terminals  owned  or
   34  controlled by the port authority shall be within its sole discretion and
   35  its  decision in connection with any and all matters concerning such air
   36  terminals shall be controlling and conclusive. The  local  laws,  resol-
   37  utions, ordinances, rules and regulations of a municipality within which
   38  an  air  terminal  is  situated  shall apply to such air terminal, if so
   39  provided in any agreement between the port authority  and  such  munici-
   40  pality, and to the extent provided in such agreement.
   41    S 1311. Lands under water.  In the event that the port authority shall
   42  find it necessary or desirable to acquire any unappropriated state lands
   43  or lands under water in the state of New York for air terminal purposes,
   44  the  commissioner  of general services of that state may grant, transfer
   45  or convey such unappropriated state lands or lands under  water  to  the
   46  port  authority  upon such consideration, terms and conditions as may be
   47  determined by said commissioner, except that no lands under  the  waters
   48  of  Jamaica  Bay  may  be  granted,  transferred or conveyed to the port
   49  authority for air terminal  purposes  by  said  commissioner  except  as
   50  provided in paragraph one of section thirteen hundred nine of this arti-
   51  cle.
   52    In the event that the port authority shall find it necessary or desir-
   53  able to acquire any lands under water in the state of New Jersey for air
   54  terminal  purposes,  the  division  of  navigation  of the department of
   55  conservation of that state may grant,  transfer  or  convey  such  lands
   56  under  water  to  the  port authority in accordance with the statutes of
       A. 7413                            107
    1  that state governing the making of riparian grants and leases, upon such
    2  terms and conditions as may be determined by said division.
    3    In the event that the port authority shall find it necessary or desir-
    4  able  to  acquire  any  real property required or used for state highway
    5  purposes in the state of New Jersey, the state highway department of the
    6  state of New Jersey may grant, transfer or convey such real property  to
    7  the  port  authority upon such terms and conditions as may be determined
    8  by said state highway department.
    9    S 1312. Repayment of bonds and obligations.  The two  states  covenant
   10  and  agree with each other and with the holders of any bonds of the port
   11  authority issued or incurred for air terminal purposes and  as  security
   12  for  which  there  may  or  shall be pledged (directly or indirectly, or
   13  through the medium of its general reserve fund or otherwise), the reven-
   14  ues, or any part thereof, of any air terminal or other facility owned or
   15  operated by the port authority, that the two states will not, so long as
   16  any of such bonds or other obligations remain  outstanding  and  unpaid,
   17  diminish  or  impair  the power of the port authority to establish, levy
   18  and collect landing  fees,  charges,  rents,  tolls  or  other  fees  in
   19  connection therewith.
   20    S  1313. Contrary declarations.  Any declarations contained herein and
   21  in the concurrent act of the state of New Jersey  with  respect  to  the
   22  governmental  nature of air terminals and to the exemption of air termi-
   23  nal property from taxation and to the discretion of the  port  authority
   24  with  respect to air terminal operations shall not be construed to imply
   25  that other port authority property and operations are not of  a  govern-
   26  mental  nature, or that they are subject to taxation, or that the deter-
   27  minations of the port authority with respect thereto are not conclusive.
   28    S 1314. Agreement between the states.  This section and the  preceding
   29  sections  of  this article constitute an agreement between the states of
   30  New York and New Jersey supplementary to the  compact  between  the  two
   31  states dated April thirtieth, nineteen hundred twenty-one, and amendato-
   32  ry  thereof,  and  continued  by article I of this chapter, and shall be
   33  liberally construed to effectuate the purposes of said  compact  and  of
   34  the  comprehensive  plan  heretofore  adopted by the two states, and the
   35  powers vested in the port authority hereby shall be construed to  be  in
   36  aid  of and supplemental to and not in limitation of or in derogation of
   37  any of the powers heretofore conferred upon or  delegated  to  the  port
   38  authority.
   39    S  1315.  Federal  aid procedure; application.   The state of New York
   40  hereby elects to exercise the option reserved to each state  by  section
   41  thirteen  hundred  ten of this article (and by the corresponding section
   42  of the New Jersey statute concurring herein);   and accordingly,  if  by
   43  the  effective  date  of chapter 802 of the laws of 1947, this state has
   44  adopted, or if thereafter it shall adopt general  legislation  governing
   45  applications for federal aid for air terminals by municipalities of this
   46  state or the receipt or disbursement of such federal aid by or on behalf
   47  of  such municipalities, such legislation shall apply to applications by
   48  the port authority for federal aid for air  terminals  located  in  this
   49  state  in the same manner and to the same extent as other municipalities
   50  of this state, provided, that if such  legislation  shall  require  such
   51  applications  for  federal  aid  to  be  approved by any officer, board,
   52  commission, department or other agency of this state  or  shall  require
   53  the  consent  of any such agency of this state to the submission thereof
   54  to the federal government, or shall require  any  such  agency  of  this
   55  state  to  be  designated by municipalities as their agent to collect or
   56  disburse such federal aid, or shall contain any other requirement  vest-
       A. 7413                            108
    1  ing  any such agency of this state with power or discretion with respect
    2  to the making of such applications for federal aid  or  the  receipt  or
    3  disbursement  thereof,  then such officer, board, commission, department
    4  or other agency of this state shall have power to waive such requirement
    5  in  whole  or  in  part  temporarily  or permanently insofar as the port
    6  authority is concerned.
    7                                 ARTICLE XIV
    8                               EMINENT DOMAIN
    9  Section 1401. Right of eminent domain.
   10    S 1401. Right of eminent domain.   The  powers  granted  to  the  port
   11  authority  by  this  article shall be deemed to be in aid of and supple-
   12  mental to and not in limitation or derogation of  the  powers  otherwise
   13  conferred  upon it;   and nothing herein contained shall be construed to
   14  prevent the port authority from exercising the right of  eminent  domain
   15  under  and  pursuant to the eminent domain procedure law of the state of
   16  New York, or any other applicable law of this state, in any  case  where
   17  it is authorized so to do.
   18                                 ARTICLE XV
   19                      SUITS AGAINST THE PORT AUTHORITY
   20  Section 1501. Suits against the port authority.
   21          1502. Prior causes of action.
   22          1503. Contract causes of action.
   23          1504. Civil suits; statutory penalties.
   24          1505. Further restrictions.
   25          1506. Venue.
   26          1507. Statute of limitations.
   27          1508. Notice of claim.
   28          1509. Limits of liability.
   29          1510. Other suits, actions or proceedings.
   30          1511. Agreement between the states.
   31    S  1501.    Suits against the port authority.  Upon the concurrence of
   32  the state of New Jersey, the states of New York and New  Jersey  consent
   33  to suits, actions or proceedings of any form or nature at law, in equity
   34  or  otherwise  (including proceedings to enforce arbitration agreements)
   35  against the port authority, and to appeals therefrom and reviews  there-
   36  of,  except  as  hereinafter  provided  in  sections fifteen hundred two
   37  through fifteen hundred five of this article, inclusive.
   38    S 1502. Prior causes of action.  The foregoing consent does not extend
   39  to suits, actions or proceedings upon any causes  of  action  whatsoever
   40  accruing  before  the effective date of chapter 301 of the laws of 1950,
   41  other than causes of actions upon, in connection with, or arising out of
   42  notes, bonds or other obligations or securities secured by a  pledge  of
   43  the general reserve fund of the port authority.
   44    S  1503.  Contract  causes of action.   The foregoing consent does not
   45  extend to suits, actions or proceedings upon any causes of action  what-
   46  soever,  upon,  in  connection  with,  or  arising  out of any contract,
   47  express or implied, entered into or assumed by or assigned to  the  port
   48  authority  before  the  effective  date  of  this article (including any
   49  supplement to, or amendment, extension or renewal of any such  contract,
   50  even  if  such supplement, amendment, extension or renewal is made on or
   51  after the effective date of chapter 301 of the laws of 1950), regardless
   52  of whether such cause of action accrued before or after that date, other
       A. 7413                            109
    1  than causes of action upon, in connection with or arising out of  notes,
    2  bonds  or  other  obligations  or  securities secured by a pledge of the
    3  general reserve fund of the port authority.
    4    S  1504. Civil suits; statutory penalties.  The foregoing consent does
    5  not extend to civil suits, actions or proceedings for  the  recovery  of
    6  statutory penalties.
    7    S  1505.  Further restrictions.  The foregoing consent does not extend
    8  to suits, actions  or  proceedings  for  judgments,  orders  or  decrees
    9  restraining,  enjoining or preventing the port authority from committing
   10  or continuing to commit any act or acts, other than  suits,  actions  or
   11  proceedings  by  the  attorney  general  of  New York or by the attorney
   12  general of New Jersey--each of whom is hereby authorized to  bring  such
   13  suits,  actions or proceedings in his discretion on behalf of any person
   14  or persons whatsoever who requests him so to  do  except  in  the  cases
   15  excluded  by  sections  fifteen  hundred  two, fifteen hundred three and
   16  fifteen hundred four of this article; provided, that in any  such  suit,
   17  action  or  proceeding,  no  judgment,  order or decree shall be entered
   18  except upon at least two days' prior written notice to the port authori-
   19  ty of the proposed entry thereof.
   20    S 1506. Venue.  The foregoing consent is granted  upon  the  condition
   21  that  venue in any suit, action or proceeding against the port authority
   22  shall be laid within a county or a judicial district, established by one
   23  of said states or by the United States, and situated wholly or partially
   24  within the port of New York district. The port authority shall be deemed
   25  to be a resident of each  such  county  or  judicial  district  for  the
   26  purpose of such suits, actions or proceedings. Although the port author-
   27  ity  is  engaged  in the performance of governmental functions, the said
   28  two states consent to liability on the part of  the  port  authority  in
   29  such suits, actions or proceedings for tortious acts committed by it and
   30  its agents to the same extent as though it were a private corporation.
   31    S 1507. Statute of limitations.  The foregoing consent is granted upon
   32  the  condition  that  any suit, action or proceeding prosecuted or main-
   33  tained under this article shall be commenced within one year  after  the
   34  cause of action therefor shall have accrued, and upon the further condi-
   35  tion that in the case of any suit, action or proceeding for the recovery
   36  or  payment  of  money,  prosecuted  or maintained under this article, a
   37  notice of claim shall have been served upon the port authority by or  on
   38  behalf  of  the  plaintiff or plaintiffs at least sixty days before such
   39  suit, action or proceeding is commenced. The provisions of this  section
   40  shall  not  apply  to  claims arising out of provisions of any workmen's
   41  compensation law of either state.
   42    S 1508. Notice of claim.   The notice of  claim  required  by  section
   43  fifteen  hundred  seven of this article shall be in writing, sworn to by
   44  or on behalf of the claimant or claimants, and shall set forth  (1)  the
   45  name  and  post  office address of each claimant and of his attorney, if
   46  any, (2) the nature of the claim, (3) the time when, the place where and
   47  the manner in which the claim arose, and (4)  the  items  of  damage  or
   48  injuries claimed to have been sustained so far as then practicable. Such
   49  notice may be served in the manner in which process may be served, or in
   50  lieu  thereof,  may  be sent by registered mail to the port authority at
   51  its principal office. Where the claimant is a person under  the  age  of
   52  eighteen  years or is mentally or physically incapacitated and by reason
   53  of such disability no notice of  claim  is  filed  or  suit,  action  or
   54  proceeding  commenced  within  the  time  specified  in  section fifteen
   55  hundred seven of this article, or where a  person  entitled  to  make  a
   56  claim  dies  and  by  reason of his death no notice of claim is filed or
       A. 7413                            110
    1  suit, action or  proceeding  commenced  within  the  time  specified  in
    2  section  fifteen  hundred  seven of this article then any court in which
    3  such suit, action or proceeding may be brought  may  in  its  discretion
    4  grant  leave  to  serve  the  notice  of claim and to commence the suit,
    5  action or proceeding within a reasonable time but in  any  event  within
    6  three  years  after  the  cause  of action accrued. Application for such
    7  leave must be made upon an affidavit showing the particular facts  which
    8  caused  the  delay  and  shall  be accompanied by a copy of the proposed
    9  notice of claim if such notice has not been served, and such application
   10  shall be made only upon notice to the port authority.
   11    S 1509. Limits of liability.  The commissioners, officers or employees
   12  of the port  authority  shall  not  be  subject  to  suits,  actions  or
   13  proceedings  for judgments, orders or decrees restraining, preventing or
   14  enjoining them in their official or personal capacities from  committing
   15  or  continuing to commit any act or acts on behalf of the port authority
   16  other than suits, actions and proceedings brought by the attorney gener-
   17  al of New York or by the attorney general of New Jersey or by  the  port
   18  authority itself--each of said attorneys general being hereby authorized
   19  to  bring such suits, actions or proceedings in his discretion on behalf
   20  of any person or persons whatsoever who requests him so to do except  in
   21  the  cases  excluded  by  sections  fifteen hundred two, fifteen hundred
   22  three and fifteen hundred four of this article; provided,  that  in  any
   23  such  suit,  action or proceeding brought by either attorney general, no
   24  judgment, order or decree shall be entered  except  upon  at  least  two
   25  days' notice to the defendant of the proposed entry thereof.
   26    S  1510. Other suits, actions or proceedings.  Nothing herein shall be
   27  deemed to revoke, rescind or affect any consents to  suits,  actions  or
   28  proceedings  against the port authority heretofore given by the two said
   29  states in chapter eight hundred two of the laws of New York of  nineteen
   30  hundred  forty-seven,  as amended, and continued by article XIII of this
   31  chapter, and chapter forty-three of the laws of New Jersey  of  nineteen
   32  hundred  forty-seven,  as amended; chapter six hundred thirty-one of the
   33  laws of New York  of  nineteen  hundred  forty-seven,  as  amended,  and
   34  continued by article XII of this chapter; chapter forty-four of the laws
   35  of  New  Jersey of nineteen hundred forty-seven, as amended, and chapter
   36  five hundred thirty-four of the laws of New  York  of  nineteen  hundred
   37  forty-eight,  and  continued by article XII of this chapter, and chapter
   38  ninety-seven of the laws of New Jersey of nineteen hundred forty-eight.
   39    S 1511. Agreement between the states.  This article together with  the
   40  act  of  the  state of New Jersey concurring herein, shall constitute an
   41  agreement between the states of New York and New Jersey supplementary to
   42  and amendatory of the compact between the two said  states  dated  April
   43  thirtieth,  nineteen  hundred  twenty-one  and continued by article I of
   44  this chapter.
   45                                 ARTICLE XVI
   46                 TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS
   47  Section 1601. Governing authority.
   48          1602. Tolls; other charges.
   49          1603. Operation restrictions.
   50          1604. Port authority police force.
   51          1605. Driving procedure.
   52          1606. Operation requirements.
   53          1607. Accident protocol.
   54          1608. Transport restrictions.
       A. 7413                            111
    1          1609. Violations.
    2          1610. Definitions.
    3          1611. Severability.
    4          1612. Repeal of previous rules and regulations.
    5          1613. Agreement between the states.
    6          1614. Compliance with state law.
    7          1615. Felonies.
    8          1616. Misdemeanors.
    9          1617. Owner  liability  for  failure  of operator to comply with
   10                  toll collection regulations of the port authority.
   11          1618. Imposition of liability for failure of operator to  comply
   12                  with toll collection regulations of the port authority.
   13          1619. Adjudication of liability.
   14    S 1601. Governing authority.  To the end that the interstate vehicular
   15  crossings  operated  by  the  port authority, pursuant to the compact of
   16  April thirtieth, nineteen hundred twenty-one between the states  of  New
   17  York  and New Jersey creating the port authority, may be efficiently and
   18  safely operated in the interest of the people of the states of New  York
   19  and  New  Jersey  and of the nation, the following rules and regulations
   20  governing traffic on vehicular crossings operated by the port authority,
   21  set forth in sections sixteen hundred two through sixteen hundred  eight
   22  of  this  article,  are  hereby  adopted  by the legislatures of the two
   23  states, and are declared to be binding upon all persons and corporations
   24  affected thereby.
   25    S 1602. Tolls; other charges.   No traffic shall be  permitted  in  or
   26  upon vehicular crossings except upon the payment of such tolls and other
   27  charges as may from time to time be prescribed by the port authority. It
   28  is hereby declared to be unlawful for any person to refuse to pay, or to
   29  evade or to attempt to evade the payment of such tolls or other charges.
   30    S  1603.  Operation restrictions.   No vehicle shall be operated care-
   31  lessly or negligently, or in  disregard  of  the  rights  or  safety  of
   32  others, or without due caution and circumspection, or at a speed or in a
   33  manner so as to endanger unreasonably or to be likely to endanger unrea-
   34  sonably  persons or property, or while the operator thereof is under the
   35  influence of intoxicating liquors or any narcotic or habit-forming drug,
   36  nor shall any vehicle be so constructed, equipped or loaded as to endan-
   37  ger unreasonably or to be likely to  endanger  unreasonably  persons  or
   38  property.
   39    S 1604. Port authority police force.  All persons in or upon vehicular
   40  crossings  must  at  all  times  comply with any lawful order, signal or
   41  direction by voice or hand of any member of the  port  authority  police
   42  force. When traffic is controlled by traffic lights, signs or by mechan-
   43  ical  or  electrical  signals,  such  lights, signs and signals shall be
   44  obeyed unless a port authority police officer directs otherwise.
   45    S 1605. Driving procedure.  Unless otherwise directed, vehicles  shall
   46  at  all  times stay to the right of the center of all roadways except in
   47  the case of one-way roadways; slow-moving vehicles shall remain as close
   48  as possible to the right-hand edge or curb of the roadway; and  where  a
   49  roadway is marked with traffic lanes vehicles shall not cross markings.
   50    S 1606. Operation requirements.  No person shall operate a motor vehi-
   51  cle  in  or  upon  any  part  of  a vehicular crossing unless he is duly
   52  authorized to operate motor vehicles in the state in which such part  of
   53  the  vehicular  crossing is located. No motor vehicle shall be permitted
   54  in or upon any part of a vehicular crossing which is not  registered  in
   55  accordance  with  the  provisions  of the law of the state in which such
   56  part of the vehicular crossing is located.
       A. 7413                            112
    1    S 1607. Accident protocol.  The operator of any vehicle involved in an
    2  accident resulting in injury or death to any person  or  damage  to  any
    3  property  shall  immediately stop such vehicle at the scene of the acci-
    4  dent, render such assistance as  may  be  needed,  and  give  his  name,
    5  address,  and  operator's  license and registration number to the person
    6  injured or to any officer or witness of the injury. The operator of such
    7  vehicle shall make a report of such accident in accordance with the  law
    8  of the state in which such accident occurred.
    9    S  1608. Transport restrictions.  No person shall transport in or upon
   10  a vehicular crossing, any dynamite, nitroglycerin, black  powder,  fire-
   11  works,  blasting  caps  or  other  explosives, gasoline, alcohol, ether,
   12  liquid shellac, kerosene, turpentine, formaldehyde or other  inflammable
   13  or  combustible  liquids,  ammonium  nitrate, sodium chlorate, wet hemp,
   14  powdered metallic magnesium, nitro-cellulose film,  peroxides  or  other
   15  readily  inflammable  solids  or oxidizing materials, hydrochloric acid,
   16  sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
   17  ic, carbolic acid, potassium cyanide, tear gas, lewisite  or  any  other
   18  poisonous  substances,  liquids  or gases, or any compressed gas, or any
   19  radio-active article, substance or material, at such time or place or in
   20  such manner or condition as to endanger unreasonably or as to be  likely
   21  to endanger unreasonably persons or property.
   22    S 1609. Violations.  Violations of the rules and regulations set forth
   23  in  sections  sixteen  hundred two through sixteen hundred eight of this
   24  article committed within the territorial limits of either state shall be
   25  punishable as may be provided by the laws of such state but  the  penal-
   26  ties  prescribed  by  either state shall not preclude the port authority
   27  from excluding from vehicular crossings permanently or for  a  specified
   28  time,  all  vehicles violating any of the said rules and regulations, as
   29  well as other vehicles owned or operated by the  owner  or  operator  of
   30  such vehicle.
   31    S  1610.  Definitions.   The following terms as used herein shall have
   32  the indicated meanings:
   33    1. "Traffic" shall include pedestrians, ridden animals, herded animals
   34  and vehicles whether moved by human power or otherwise.
   35    2. "Vehicular crossings" shall include not only  bridges  and  tunnels
   36  operated  by  the  port authority, but also their plazas and approaches,
   37  but shall not include any lands granted by the  port  authority  to  the
   38  states  of  New  York  or  New Jersey or to a municipality for street or
   39  highway purposes even though such street or highway constitutes a  means
   40  of access to or egress from such vehicular crossing.
   41    S  1611. Severability.  If any term or provision of this article shall
   42  be declared unconstitutional or ineffective in whole or  in  part  by  a
   43  court  of  competent  jurisdiction,  then  to  the extent that it is not
   44  unconstitutional or  ineffective,  such  term  or  provisions  shall  be
   45  enforced  and  effectuated,  nor  shall  such determination be deemed to
   46  invalidate the remaining terms or provisions thereof.
   47    S 1612. Repeal of previous rules and regulations.  The two said states
   48  agree that chapter two hundred fifty-one of the  laws  of  New  York  of
   49  nineteen  hundred  thirty-four,  entitled "An act establishing rules and
   50  regulations for the control of traffic on  the  interstate  bridges  and
   51  tunnels  operated  by  the  Port  of  New York Authority and prescribing
   52  proceedings and penalties for their violations", and chapter one hundred
   53  forty-six of the pamphlet laws of New Jersey, nineteen  hundred  thirty-
   54  two, entitled "An act establishing rules and regulations for the control
   55  of  traffic  on the inter-state bridges and tunnels operated by the Port
   56  of New York Authority and  prescribing  proceedings  and  penalties  for
       A. 7413                            113
    1  their violations", shall be and are repealed as of the date this article
    2  takes effect.
    3    S  1613. Agreement between the states.  This section and the preceding
    4  sections of this article, together with the  corresponding  sections  of
    5  the  act  of the state of New Jersey concurring herein, shall constitute
    6  an agreement between the states of New York and New Jersey supplementary
    7  to the compact between the two states dated  April  thirtieth,  nineteen
    8  hundred  twenty-one,  and  amendatory  thereof,  and  shall be liberally
    9  construed to effectuate the purposes of said compact and of  the  agree-
   10  ments  of the two states amendatory thereof or supplemental thereto; and
   11  shall be construed to be in aid of and supplemental to and not in  limi-
   12  tation  of  or  in derogation of the powers heretofore conferred upon or
   13  delegated to the port authority.
   14    S 1614. Compliance with state law.  If the violation within the  state
   15  of  any  of  the  rules  and  regulations  set forth in sections sixteen
   16  hundred two through sixteen hundred eight of this article including  but
   17  not  limited  to those regarding the payment of tolls, would have been a
   18  felony, misdemeanor or other punishable  offense  if  committed  on  any
   19  public  road,  street,  highway or turnpike in the municipality in which
   20  such violation occurred, it shall be tried  and  punished  in  the  same
   21  manner  as if it had been committed on such public road, street, highway
   22  or turnpike.
   23    S 1615. Felonies.  Notwithstanding the provisions of  section  sixteen
   24  hundred  fourteen  of this article, if the violation within the state of
   25  the rule and regulation set forth in section  sixteen  hundred  nine  of
   26  this  article  shall result in injury or death to a person or persons or
   27  damage to property in excess of the value of five thousand dollars, such
   28  violation shall constitute a felony.
   29    S 1616. Misdemeanors.  Except as provided in sections sixteen  hundred
   30  fourteen  and  sixteen  hundred  fifteen  of this article, any violation
   31  within the state of any of  the  rules  and  regulations  set  forth  in
   32  sections sixteen hundred two through sixteen hundred eight of this arti-
   33  cle  including  but not limited to those regarding the payment of tolls,
   34  shall constitute a misdemeanor and shall be  punishable  as  an  offense
   35  triable  in  a  magistrate's  court by a fine not exceeding five hundred
   36  dollars or by imprisonment not exceeding sixty days or by both such fine
   37  and imprisonment.
   38    S 1617. Owner liability for failure of operator to  comply  with  toll
   39  collection  regulations of the port authority. Notwithstanding any other
   40  provision of law and  in  accordance  with  the  provisions  of  section
   41  sixteen  hundred  eighteen of this article, an owner of a vehicle may be
   42  held liable for failure of an operator thereof to comply with  the  toll
   43  collection  regulations of the port authority of New York and New Jersey
   44  (hereinafter called port authority). The owner of  a  vehicle  shall  be
   45  liable  pursuant  to  this  section if such vehicle was used or operated
   46  with the permission of the owner, express or implied,  in  violation  of
   47  the  toll  collection  regulations  of  the  port  authority,  and  such
   48  violation is evidenced by information obtained from  a  photo-monitoring
   49  system,  provided,  however,  that no owner of a vehicle shall be liable
   50  where the operator of such vehicle has been convicted of a violation  of
   51  those toll collection regulations for the same incident.
   52    S 1618. Imposition of liability for failure of operator to comply with
   53  toll  collection  regulations  of  the port authority. The liability set
   54  forth in section sixteen hundred seventeen of  this  article,  shall  be
   55  imposed  upon  an  owner  for  a  violation  by  an operator of the toll
       A. 7413                            114
    1  collection regulations of the port authority occurring within the terri-
    2  torial limits of the state of New York in accordance with the following:
    3    1.  For  the purposes of this section, the term "owner" shall mean any
    4  person, corporation, partnership, firm, agency, association, lessor,  or
    5  organization  who,  at  the time of the violation in any city in which a
    6  vehicle is operated: (a) is the beneficial or equitable  owner  of  such
    7  vehicle;  or  (b) has title to such vehicle; or (c) is the registrant or
    8  co-registrant of such vehicle which is registered with the department of
    9  motor vehicles of this state or any other  state,  territory,  district,
   10  province,  nation  or  other jurisdiction; or (d) subject to the limita-
   11  tions set forth in subdivision six of this section, uses such vehicle in
   12  its vehicle renting and/or leasing business; and includes (e)  a  person
   13  entitled  to  the  use and possession of a vehicle subject to a security
   14  interest in another person. For the purposes of this section,  the  term
   15  "operator"  shall mean any person, corporation, firm, partnership, agen-
   16  cy, association, organization or lessee that uses or operates a  vehicle
   17  with  or  without the permission of the owner, and an owner who operates
   18  his or her own vehicle. For purposes of this section, the  term  "photo-
   19  monitoring  system"  shall  mean  a  vehicle sensor installed to work in
   20  conjunction with a toll collection facility which automatically produces
   21  one or more photographs, one or more microphotographs,  a  videotape  or
   22  other recorded images of each vehicle at the time it is used or operated
   23  in  violation  of the toll collection regulations of the port authority.
   24  For purposes of this section, the term "toll collection  regulations  of
   25  the  port  authority"  shall refer to the traffic regulations for inter-
   26  state vehicular crossings operated by the port authority as set forth in
   27  this article and in chapter one hundred ninety-two of the  laws  of  New
   28  Jersey  of  nineteen hundred fifty, and specifically that section of the
   29  laws which prohibits traffic in or upon vehicular crossings operated  by
   30  the  port  authority  except  upon  the  payment of such tolls and other
   31  charges as may from time to time be prescribed by the port authority and
   32  which further makes it unlawful for any person to refuse to pay,  or  to
   33  evade or to attempt to evade the payment of such tolls or other charges.
   34  For purposes of this section, the term "vehicle" shall mean every device
   35  in,  upon,  or by which a person or property is or may be transported or
   36  drawn upon a highway, except devices used  exclusively  upon  stationary
   37  rails or tracks.
   38    2. A certificate, sworn to or affirmed by an agent of the port author-
   39  ity,  or  a  facsimile  thereof,  based  upon inspection of photographs,
   40  microphotographs, videotape or  other  recorded  images  produced  by  a
   41  photo-monitoring  system  shall  be  prima  facie  evidence of the facts
   42  contained therein and shall be admissible in any proceeding  charging  a
   43  violation of toll collection regulations of the port authority, provided
   44  that  any  photographs,  microphotographs,  videotape  or other recorded
   45  images evidencing such a violation shall be available for inspection and
   46  admission into evidence in any proceeding to  adjudicate  the  liability
   47  for such violation.
   48    3.  An imposition of liability pursuant to this section shall be based
   49  upon a preponderance of evidence as submitted. An imposition of  liabil-
   50  ity  pursuant  to  this  section  shall not be deemed a conviction of an
   51  operator and shall not be made  part  of  the  motor  vehicle  operating
   52  record,  furnished  pursuant  to section three hundred fifty-four of the
   53  vehicle and traffic law of the state of New York,  of  the  person  upon
   54  whom  such  liability  is  imposed  nor  shall  it be used for insurance
   55  purposes in the provision of motor vehicle insurance coverage.
       A. 7413                            115
    1    4. (a) A notice of liability shall be sent by first class mail to each
    2  person alleged to be liable as an owner for a violation pursuant to this
    3  section of the toll collection regulations of the port  authority.  Such
    4  notice  shall  be  mailed  no  later  than thirty days after the alleged
    5  violation. Personal delivery on the owner shall not be required. A manu-
    6  al  or  automatic  record  of mailing prepared in the ordinary course of
    7  business shall be prima facie evidence of the mailing of the notice.
    8    (b) A notice of liability shall contain the name and  address  of  the
    9  person  alleged  to  be  liable  as an owner for a violation of the toll
   10  collection regulations of the port authority pursuant to  this  section,
   11  the  registration  number of the vehicle involved in such violation, the
   12  location where such violation took place, the  date  and  time  of  such
   13  violation  and  the identification number of the photo-monitoring system
   14  which recorded the violation or other document locator number.
   15    (c) The notice of liability shall  contain  information  advising  the
   16  person  charged  of  the manner and the time in which he may contest the
   17  liability alleged in the notice. Such notice  of  liability  shall  also
   18  contain  a warning to advise the persons charged that failure to contest
   19  in the manner and time provided shall be deemed an admission of  liabil-
   20  ity and that a default judgment may be entered thereon.
   21    (d)  The  notice of liability shall be prepared and mailed by the port
   22  authority or its duly authorized agent.
   23    5. If an owner receives a notice of liability pursuant to this section
   24  for any time period during which the vehicle was reported to the  police
   25  department  as  having  been  stolen,  it shall be a valid defense to an
   26  allegation of liability for a violation of  the  toll  collection  regu-
   27  lations  of the port authority that the vehicle had been reported to the
   28  police as stolen prior to the time the violation occurred  and  had  not
   29  been  recovered by such time. If an owner receives a notice of liability
   30  pursuant to this section for any time period during  which  the  vehicle
   31  was stolen, but not as yet reported to the police as having been stolen,
   32  it  shall  be  a  valid  defense  to  an  allegation  of liability for a
   33  violation of toll collection regulations of the port authority  pursuant
   34  to this section that the vehicle was reported as stolen within two hours
   35  after discovery of the theft by the owner. For purposes of asserting the
   36  defense  provided  by  this  subdivision,  it shall be sufficient that a
   37  certified copy of the police report on the stolen  vehicle  be  sent  by
   38  first class mail to the court or other entity having jurisdiction.
   39    6.  An  owner,  as defined in paragraph (a) of subdivision one of this
   40  section, who is a lessor of a vehicle to which a notice of liability was
   41  issued pursuant to subdivision four of this section shall not be  liable
   42  pursuant  to this section for the violation of the toll collection regu-
   43  lations of the port authority provided that he or she sends to the  port
   44  authority  serving  the  notice  of  liability and to the court or other
   45  entity having jurisdiction a copy of the rental,  lease  or  other  such
   46  contract  document  covering  such vehicle on the date of the violation,
   47  with the name and address of the lessee clearly legible,  within  thirty
   48  days  after  receiving  from  the  port authority or its duly authorized
   49  agent the original notice of liability. Failure to send such information
   50  within such thirty day time period shall render the  lessor  liable  for
   51  the  penalty  prescribed by this section. Where the lessor complies with
   52  the provisions of this subdivision, the lessee of such  vehicle  on  the
   53  date  of  such violation shall be deemed to be the owner of such vehicle
   54  for purposes of this section and shall be subject to liability  for  the
   55  violation  of toll collection regulations of the port authority provided
   56  that the port authority or its duly authorized agent mails a  notice  of
       A. 7413                            116
    1  liability to the lessee within ten days after the court, or other entity
    2  having  jurisdiction,  deems the lessee to be the owner. For purposes of
    3  this subdivision the term "lessor" shall mean any  person,  corporation,
    4  firm,  partnership,  agency,  association or organization engaged in the
    5  business of renting or leasing vehicles to any  lessee  under  a  rental
    6  agreement,  lease or otherwise wherein the said lessee has the exclusive
    7  use of said vehicle for any period of time. For  the  purposes  of  this
    8  subdivision, the term "lessee" shall mean any person, corporation, firm,
    9  partnership,  agency,  association or organization that rents, leases or
   10  contracts for the use of one or more  vehicles  and  has  exclusive  use
   11  thereof for any period of time.
   12    7.  Except as provided in subdivision six of this section, if a person
   13  receives a notice of liability pursuant to this section it  shall  be  a
   14  valid  defense  to  an  allegation  of liability for a violation of toll
   15  collection regulations of the port authority  that  the  individual  who
   16  received  the  notice  of liability pursuant to this section was not the
   17  owner of the vehicle at the time the violation occurred.  If  the  owner
   18  liable  for  a  violation of the toll collection regulations of the port
   19  authority pursuant to this section was not the operator of  the  vehicle
   20  at  the  time  of  the  violation,  the owner may maintain an action for
   21  indemnification against the operator. The operator of  the  vehicle  may
   22  apply to the court or other entity having jurisdiction to adjudicate the
   23  liability  imposed  under  this section to accept responsibility for the
   24  violation and satisfactorily discharge all  applicable  tolls,  charges,
   25  and penalties related to the violation.
   26    8. "Electronic toll collection system" shall mean a system of collect-
   27  ing  tolls or charges which is capable of charging an account holder the
   28  appropriate toll or charge by transmission of information from an  elec-
   29  tronic  device on a motor vehicle to the toll lane, which information is
   30  used to charge the account the appropriate toll or charge.  In  adopting
   31  procedures for the preparation and mailing of a notice of liability, the
   32  port  authority  or  its duly authorized agent shall adopt guidelines to
   33  ensure adequate and timely notice  to  all  electronic  toll  collection
   34  system  account  holders  to  inform them when their accounts are delin-
   35  quent. An owner who is an  account  holder  under  the  electronic  toll
   36  collection  system  shall  not  be  found liable for a violation of this
   37  section unless such authority has first sent a notice of delinquency  to
   38  such account holder and the account holder was in fact delinquent at the
   39  time of the violation.
   40    9.  Nothing  in this section shall be construed to limit the liability
   41  of an operator of a vehicle for any violation  of  the  toll  collection
   42  regulations of the port authority. Nothing in this section shall author-
   43  ize or preclude the port authority from excluding from any of its facil-
   44  ities,  in  its  sole discretion, any or all vehicles found liable under
   45  this section as well as other vehicles owned or operated by the owner or
   46  operator of such vehicle.
   47    10. Notwithstanding any  other  provision  of  law,  all  photographs,
   48  microphotographs,  videotape  or other recorded images prepared pursuant
   49  to this section shall be for the exclusive use of the port authority  in
   50  the  discharge of its duties under this section and shall not be open to
   51  the public nor be used in any court in any action or proceeding  pending
   52  therein unless such action or proceeding relates to the imposition of or
   53  indemnification for liability pursuant to this section. The port author-
   54  ity  or  its  duly  authorized  agent shall not sell, distribute or make
   55  available in any  way,  the  names  and  addresses  of  electronic  toll
   56  collection  system  account  holders,  or  any information compiled from
       A. 7413                            117
    1  transactions with such account holders, without  such  account  holders'
    2  consent  to any entity that will use such information for any commercial
    3  purpose provided that the foregoing restriction shall not be  deemed  to
    4  preclude  the  exchange  of  such  information between any entities with
    5  jurisdiction over and or operating a toll highway bridge  and/or  tunnel
    6  facility.
    7    S  1619.    Adjudication  of  liability. Adjudication of the liability
    8  imposed upon an owner by section sixteen hundred seventeen of this arti-
    9  cle for a violation of the  toll  collection  regulations  of  the  port
   10  authority  occurring  within  the territorial limits of the state of New
   11  York shall be in accordance with sections two hundred  thirty-five,  two
   12  hundred  thirty-six,  two hundred thirty-seven, two hundred thirty-nine,
   13  two hundred forty, two hundred forty-one, five hundred ten and  eighteen
   14  hundred  nine  of  the vehicle and traffic law, or by such entity having
   15  jurisdiction over violations of the toll collection regulations  of  the
   16  port  authority  occurring within the territorial limits of the state of
   17  New York, provided that all violations shall be heard and determined  in
   18  the  county  in  which  the violation is alleged to have occurred, or by
   19  consent of both parties, in any county in the state of New York in which
   20  the port authority operates or maintains a facility.    An  owner  found
   21  liable  for  a violation of toll collection regulations pursuant to this
   22  section shall for a first violation thereof be  liable  for  a  monetary
   23  penalty  not to exceed fifty dollars or two times the toll evaded which-
   24  ever is greater; for a second violation  thereof  both  within  eighteen
   25  months  be  liable  for  a  monetary  penalty  not to exceed one hundred
   26  dollars or five times the toll evaded whichever is greater; for a  third
   27  or subsequent violation thereof all within eighteen months be liable for
   28  a  monetary penalty not to exceed one hundred fifty dollars or ten times
   29  the toll evaded whichever is greater.
   30                                ARTICLE XVII
   31    RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY
   32                          AIR AND MARINE TERMINALS
   33  Section 1701. Definitions.
   34          1702. Vehicle operation.
   35          1703. Adherence to traffic signs and signals.
   36          1704. Requiring use of right side of roadway.
   37          1705. Authorization for operation.
   38          1706. Procedures in case of causing injury.
   39          1707. Prohibited items.
   40          1708. Parking.
   41          1709. Prosecution for violations.
   42          1710. Felony for transport of prohibited items.
   43          1711. Misdemeanor for certain violations.
   44          1712. Exclusion of vehicles in violations.
   45          1713. Reserve clause.
   46    S 1701. Definitions.  The following terms as used  herein  shall  have
   47  the indicated meanings:
   48    "Air terminals" shall mean developments operated by the port authority
   49  consisting  of  runways,  hangars, control towers, ramps, wharves, bulk-
   50  heads, buildings, structures, parking areas, improvements, facilities or
   51  other real property necessary, convenient or desirable for the  landing,
   52  taking  off,  accommodation  and  servicing  of  aircraft  of all types,
   53  including but not limited to airplanes, airships,  dirigibles,  helicop-
   54  ters,  gliders,  amphibians,  seaplanes, or any other contrivance now or
       A. 7413                            118
    1  hereafter used for the navigation of or flight in air or space, operated
    2  by carriers engaged in the transportation of passengers or cargo, or for
    3  the loading, unloading, interchange or transfer of  such  passengers  or
    4  their baggage, or such cargo, or otherwise for the accommodation, use or
    5  convenience  of such passengers, or such carriers or their employees, or
    6  for the landing, taking off, accommodation  and  servicing  of  aircraft
    7  owned or operated by persons other than carriers.
    8    "Air terminal highway" shall mean and include those portions of an air
    9  terminal designated and made available temporarily or permanently by the
   10  port authority to the public for general or limited highway use.
   11    "Marine  terminals"  shall  mean  developments  operated  by  the port
   12  authority consisting of one or more piers,  wharves,  docks,  bulkheads,
   13  slips,  basins,  vehicular  roadways, railroad connections, side tracks,
   14  sidings or other  buildings,  structures,  facilities  or  improvements,
   15  necessary  or  convenient  to  the  accommodation of steamships or other
   16  vessels and their cargoes or passengers.
   17    "Marine terminal highway" shall mean and include those portions  of  a
   18  marine terminal designated and made available temporarily or permanently
   19  by the port authority to the public for general or limited highway use.
   20    "Traffic" shall mean and include pedestrians, animals and vehicles.
   21    S  1702.  Vehicle operation.   No vehicle shall be operated on any air
   22  terminal highway or marine terminal highway carelessly  or  negligently,
   23  or  in  disregard  of  the  rights  or  safety of others, or without due
   24  caution and circumspection, or at a speed or in a manner so as to endan-
   25  ger unreasonably or to be likely to  endanger  unreasonably  persons  or
   26  property, or while the operator thereof is under the influence of intox-
   27  icating  liquors  or  any  narcotic or habit-forming drug, nor shall any
   28  vehicle be operated thereon if it is so constructed, equipped or  loaded
   29  as  to  endanger  unreasonably  or to be likely to endanger unreasonably
   30  persons or property.
   31    S 1703. Adherence to traffic signs and signals.   All persons  on  any
   32  air terminal highway or marine terminal highway must at all times comply
   33  with  any  lawful  order,  signal  or  direction by voice or hand of any
   34  member of the port authority police force. When traffic is controlled by
   35  traffic lights, signs or  by  mechanical  or  electrical  signals,  such
   36  lights, signs and signals shall be obeyed unless a port authority police
   37  officer directs otherwise.
   38    S  1704.  Requiring  use  of right side of roadway.   Unless otherwise
   39  directed, all vehicles on any air terminal highway  or  marine  terminal
   40  highway  shall at all times stay to the right of the center of the road-
   41  way, except in the case of one-way roadways; slow-moving vehicles  shall
   42  remain  as close as possible to the right-hand edge or curb of the road-
   43  way;  and where a roadway is marked with traffic  lanes  vehicles  shall
   44  not cross markings.
   45    S  1705. Authorization for operation.  No person shall operate a motor
   46  vehicle on an air terminal highway or marine terminal highway unless  he
   47  is  duly authorized to operate such vehicle on state and municipal high-
   48  ways in the state in which such air terminal highway or marine  terminal
   49  highway  is  located,  or unless he is especially authorized by the port
   50  authority to operate motor vehicles on  such  air  terminal  highway  or
   51  marine terminal highway.  No motor vehicle shall be permitted on any air
   52  terminal  highway  or marine terminal highway unless it is registered in
   53  accordance with the provisions of the law of the state in which such air
   54  terminal highway or marine terminal highway is located, or unless it  is
   55  especially  authorized  by the port authority to be operated on such air
   56  terminal highway or marine terminal highway.
       A. 7413                            119
    1    S 1706. Procedures in case of causing injury.   The  operator  of  any
    2  vehicle  involved  in  an  accident on an air terminal highway or marine
    3  terminal highway which results in injury  or  death  to  any  person  or
    4  damage  to any property shall immediately stop such vehicle at the scene
    5  of  the  accident, render such assistance as may be needed, and give his
    6  name, address, and operator's license and  registration  number  to  the
    7  person injured or to any officer or witness of the injury.  The operator
    8  of  such vehicle shall make a report of such accident in accordance with
    9  the law of the state in which such accident occurred.
   10    S 1707. Prohibited items.  No person shall transport on any air termi-
   11  nal highway or marine  terminal  highway  any  dynamite,  nitroglycerin,
   12  black  powder,  fireworks,  blasting caps or other explosives, gasoline,
   13  alcohol, ether, liquid shellac, kerosene,  turpentine,  formaldehyde  or
   14  other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
   15  rate,  wet  hemp,  powdered  metallic  magnesium,  nitro-cellulose film,
   16  peroxides or other readily inflammable solids  or  oxidizing  materials,
   17  hydrochloric  acid,  sulfuric  acid  or other corrosive liquids, prussic
   18  acid, phosgene, arsenic, carbolic acid,  potassium  cyanide,  tear  gas,
   19  lewisite,  or  any  other poisonous substances, liquids or gases, or any
   20  compressed gas, or any radioactive article, substance  or  material,  at
   21  such  time or place or in such manner or condition as to endanger unrea-
   22  sonably or as to be likely to endanger unreasonably persons or property;
   23  nor shall any person park any vehicle, or  permit  the  same  to  remain
   24  halted on any air terminal highway or marine terminal highway containing
   25  any  of the foregoing, at such time or place or in such manner or condi-
   26  tion as to endanger unreasonably or as to be likely to  endanger  unrea-
   27  sonably persons or property.
   28    S 1708. Parking.  No person shall park a vehicle or permit the same to
   29  remain  halted  on  any  air terminal highway or marine terminal highway
   30  except at such places and for such periods of time as may be  prescribed
   31  or permitted by the port authority.
   32    S 1709. Prosecution for violations.  If the violation within the state
   33  of  any  of  the  rules and regulations set forth in this article, would
   34  have been a felony, misdemeanor or other punishable offense if committed
   35  on any public road, street, highway or turnpike in the  municipality  in
   36  which  such  violation  occurred,  it shall be tried and punished in the
   37  same manner as if it had been committed on  such  public  road,  street,
   38  highway or turnpike.
   39    S 1710. Felony for transport of prohibited items.  Notwithstanding the
   40  provisions  of  section  seventeen  hundred  two of this article, if the
   41  violation within the state of the rule and regulation promulgated pursu-
   42  ant to this article shall result in injury  or  death  to  a  person  or
   43  persons  or  damage  to property in excess of the value of five thousand
   44  dollars, such violation shall constitute a felony.
   45    S 1711. Misdemeanor for certain violations.   Except  as  provided  in
   46  sections  seventeen  hundred  two  and seventeen hundred three   of this
   47  article, any violation within the state of any of the  rules  and  regu-
   48  lations  promulgated pursuant to this article, shall constitute a misde-
   49  meanor and shall be punishable as an offense triable in  a  magistrate's
   50  court  by  a  fine not exceeding five hundred dollars or by imprisonment
   51  not exceeding sixty days or by both such fine and imprisonment.
   52    S 1712. Exclusion of vehicles in violations.  The penalties prescribed
   53  in this article shall not preclude the  port  authority  from  excluding
   54  from any air terminal highway or marine terminal highway, permanently or
   55  for  a specified time, all vehicles violating any of the rules and regu-
       A. 7413                            120
    1  lations promulgated pursuant to this article, as well as other  vehicles
    2  owned or operated by the owner or operator of such vehicle.
    3    S  1713.  Reserve clause.  Nothing herein contained shall be construed
    4  to affect, diminish or impair the power of this state to enact any  law,
    5  or to impair or diminish, or as recognition of the impairment or diminu-
    6  tion  of any power of this state, legislative or otherwise, with respect
    7  to the port authority, its properties, or persons or property thereon.
    8                                ARTICLE XVIII
    9                       NEW YORK - NEW JERSEY AGREEMENT
   10  Section 1801. Enforcement authority.
   11          1802. Guidelines for interpretation.
   12    S 1801. Enforcement authority.  Upon the concurrence of the  state  of
   13  New Jersey, the states of New York and New Jersey agree that each state,
   14  in  the  discretion  of  its legislature, and without further consent or
   15  concurrence by the other state, may from time to time prescribe,  amend,
   16  modify or rescind penalties for violations within its territorial limits
   17  of any rule or regulation, otherwise authorized, of the port of New York
   18  authority  (hereinafter called the "port authority"), and procedures for
   19  the enforcement of such penalties.
   20    S 1802. Guidelines for interpretation.  This section and section eigh-
   21  teen hundred one of this article, together with  corresponding  sections
   22  of the act of the state of New Jersey concurring herein shall constitute
   23  an  agreement between the states of New York and New Jersey supplemental
   24  to the compact between the two states dated  April  thirtieth,  nineteen
   25  hundred  twenty-one,  and shall be liberally construed to effectuate the
   26  purposes of said compact and of the agreements of the two states amenda-
   27  tory thereof and supplemental thereto, and not in limitation  of  or  in
   28  derogation  of  any  powers  heretofore or hereinafter conferred upon or
   29  delegated to the port authority, and not as granting any  power  to  the
   30  port  authority  to  make  rules  and  regulations  except  as elsewhere
   31  provided in said compact and agreements, and shall not be  construed  to
   32  affect,  diminish  or  impair  the  power  of either state to prescribe,
   33  amend, modify or rescind such penalties, or to enact any other  law,  or
   34  to  imply  that the concurrence of the other state therein is necessary,
   35  or was necessary prior to the enactment of this article, or to impair or
   36  diminish, or as recognition of the impairment or diminution of any power
   37  of either state, legislative or otherwise,  with  respect  to  the  port
   38  authority,  its properties, or persons or property thereon, or to affect
   39  the interpretation of the aforesaid compact and agreements  between  the
   40  two states.
   41                                 ARTICLE XIX
   42                      SMOKING REGULATION FOR TERMINALS
   43  Section 1901. Smoking prohibition.
   44          1902. Penalties.
   45    S 1901. Smoking prohibition.  No person shall smoke, carry, or possess
   46  a  lighted  cigarette,  cigar,  pipe,  match or other lighted instrument
   47  capable of causing naked  flame  in  or  about  any  area,  building  or
   48  appurtenance  of an air terminal, owned or operated by the port authori-
   49  ty, or in or upon any area,  bulkhead,  dock,  pier,  wharf,  warehouse,
   50  building,  structure  or shed of a marine terminal, owned or operated by
   51  the port authority, where  smoking  has  been  prohibited  by  the  port
   52  authority  and  where appropriate signs to that effect have been posted,
       A. 7413                            121
    1  or on the open deck of any ship, lighter, carfloat, scow or other  simi-
    2  lar  floating  craft  or  equipment when berthed or moored at such dock,
    3  wharf, pier or to a vessel made fast thereto.
    4    S 1902. Penalties.  Any violation of the rule and regulation set forth
    5  in  section  one  thousand  nine  hundred  one  of this article shall be
    6  punishable as an offense triable in a magistrate's court,  for  a  first
    7  offense,  by  a  fine of not more than fifty dollars or imprisonment for
    8  not more than thirty days or both;  for a second offense, by a  fine  of
    9  not  less  than twenty-five dollars nor more than one hundred dollars or
   10  imprisonment for not more than sixty days or both;  for a third  or  any
   11  other  subsequent  offense, by a fine of not less than fifty dollars nor
   12  more than two hundred dollars or by imprisonment for not more than sixty
   13  days or both.
   14                                 ARTICLE XX
   15                   SUITS ON LEASE AT INTERNATIONAL AIRPORT
   16  Section 2001. Suits on lease at International Airport.
   17          2002. Effect.
   18          2003. Venue.
   19          2004. Consent.
   20          2005. Agreement.
   21    S 2001. Suits on lease at International Airport.  Upon the concurrence
   22  of the state of New Jersey, the  states  of  New  York  and  New  Jersey
   23  consent  to  suits,  actions  or  proceedings  (including proceedings to
   24  enforce arbitration  agreements  and  to  enter  judgments  upon  awards
   25  resulting  therefrom) of any form or nature, at law, in equity or other-
   26  wise by any person or corporation engaged in the business  of  scheduled
   27  transportation  by  aircraft, against the port authority, and to appeals
   28  therefrom and reviews thereof, upon or for the enforcement of any  writ-
   29  ten  contract  for the use or occupancy of space, premises or facilities
   30  at New York International Airport, in the county of Queens, city of  New
   31  York,  state  of  New York, executed on or after January first, nineteen
   32  hundred fifty-three between the port authority and any  such  person  or
   33  corporation,  or  by  any such person or corporation so contracting with
   34  the port authority upon any cause of action arising out of such  use  or
   35  occupancy pursuant to any such written contract.
   36    S  2002. Effect.   The consent pursuant to section two thousand one of
   37  this article is granted upon the condition that  in  suits,  actions  or
   38  proceedings  thereunder  for judgments, orders or decrees restraining or
   39  enjoining the port authority from committing  or  continuing  to  commit
   40  breaches  of  such  written  contract, no such judgment, order or decree
   41  shall be entered except upon at least two days' prior written notice  to
   42  the  port  authority  of  the proposed entry thereof; and upon an appeal
   43  taken by the port authority from such judgment,  order  or  decree,  the
   44  service  of  the  notice  of appeal shall perfect the appeal, without an
   45  undertaking or other security.
   46    S 2003. Venue.  The venue in any suit, action  or  proceeding  against
   47  the  port  authority  to which consent is given by this article shall be
   48  laid within a county or a judicial district, established by one of  said
   49  two  states  or  by  the  United States and situated wholly or partially
   50  within the port of New York district. The port authority shall be deemed
   51  to be a resident of each  such  county  or  judicial  district  for  the
   52  purpose  of such suits, actions or proceedings and shall be deemed to be
   53  a citizen of both of said two states.
       A. 7413                            122
    1    S 2004. Consent.  Nothing herein contained shall be deemed to  revoke,
    2  rescind  or affect any consents to suits, actions or proceedings against
    3  the port authority heretofore given by the two said states or the  terms
    4  and conditions upon which such consents are given.
    5    S 2005. Agreement.  This article together with the act of the state of
    6  New  Jersey concurring herein, shall constitute an agreement between the
    7  states of New York and New Jersey supplementary to and amendatory of the
    8  compact between the two said  states  dated  April  thirtieth,  nineteen
    9  hundred twenty-one.
   10                                 ARTICLE XXI
   11                               NARROWS BRIDGE
   12  Section 2101. Determination to build bridge.
   13          2102. Authorization for construction.
   14          2103. Definitions.
   15          2104. Authorization for agreement with the Triborough Authority.
   16          2105. Funding.
   17          2106. Bi-state covenant.
   18          2107. Security bonds.
   19          2108. Authorization to acquire real property.
   20          2109. Prior consent required.
   21          2110. Authorization of agents to enter property.
   22          2111. Essential government function.
   23          2112. Tax exemption on acquired property.
   24          2113. Governmental nature.
   25          2114. Agreement.
   26    S  2101.  Determination  to build bridge.  Upon the concurrence of the
   27  state of New Jersey, the states of New York and New Jersey find,  deter-
   28  mine  and  agree  that  a  bridge between Staten Island and Long Island,
   29  constituting a part of the highway system of the port district,  created
   30  by  their  compact  of  April  thirty, nineteen hundred twenty-one, will
   31  facilitate the flow of traffic between the two  states,  will  alleviate
   32  congestion  in  the  vehicular  crossings  of  the Hudson river and will
   33  promote the movement of commerce between the two states by  providing  a
   34  direct connection between the state of New Jersey and Long Island in the
   35  state  of  New York by way of Staten Island and that it is therefore the
   36  policy of the two said states to provide such bridge.
   37    S 2102. Authorization for construction. In furtherance of  the  afore-
   38  said policy, and in partial effectuation of the comprehensive plan here-
   39  tofore  adopted  by  the two said states for the development of the said
   40  port district, the Port of New York Authority is hereby  authorized  and
   41  empowered  to construct, own, maintain and operate a bridge (hereinafter
   42  called the Narrows bridge) over the Narrows of New York bay, and, in its
   43  discretion (and so long as it shall retain title to such  bridge),  such
   44  additions  and  improvements  thereto  and  such  approaches thereto and
   45  connections with highways and with the bridges between  New  Jersey  and
   46  Staten  Island  as  the  Port Authority may deem necessary or desirable.
   47  The Port Authority may effectuate such approaches or connections, in its
   48  discretion, by agreement with any other public agency,  which  agreement
   49  may provide for the construction, ownership, maintenance or operation of
   50  such approaches or connections by such other public agency.
   51    The  Port Authority shall not commence the construction of the Narrows
   52  bridge until after the  execution  of  an  agreement  between  the  Port
   53  Authority  and  the  Triborough Bridge and Tunnel Authority (hereinafter
       A. 7413                            123
    1  called the Triborough Authority) pursuant to section twenty-one  hundred
    2  four of this article.
    3    S  2103.  Definitions.    The  following terms as used in this article
    4  shall mean:
    5    "Bonds" shall mean bonds, notes, securities or  other  obligations  or
    6  evidences of indebtedness.
    7    "General  reserve fund statutes" shall mean chapter forty-eight of the
    8  laws of New York of nineteen hundred thirty-one, as amended and  contin-
    9  ued  by article XXX of this chapter, and chapter five of the laws of New
   10  Jersey of nineteen hundred thirty-one, as amended, and "general  reserve
   11  fund"  shall mean the general reserve fund of the Port Authority author-
   12  ized by said statutes.
   13    "Narrows bridge" shall mean not only the bridge itself  but  also  its
   14  approaches, connections, additions and improvements.
   15    "Narrows  bridge  bonds" shall mean bonds issued by the Port Authority
   16  to provide funds for Narrows bridge purposes or bonds secured  in  whole
   17  or  in  part  by a pledge of the revenues of the Port Authority from the
   18  Narrows bridge or bonds so issued and secured.
   19    "Narrows bridge purposes" shall mean the effectuation,  establishment,
   20  construction,  rehabilitation,  improvement, maintenance or operation of
   21  the Narrows bridge and purposes incidental thereto.
   22    "Real property" shall mean lands, structures, franchises and interests
   23  in land, waters, lands under water and riparian rights, and any and  all
   24  things  and  rights included within the said term, and includes not only
   25  fees simple absolute but also any and all  lesser  interests,  including
   26  but  not limited to easements, rights-of-way, uses, leases, licenses and
   27  all other incorporeal hereditaments and every estate, interest or right,
   28  legal or equitable, including terms for years and liens thereon  by  way
   29  of judgments, mortgages or otherwise.
   30    S  2104.  Authorization  for  agreement with the Triborough Authority.
   31  (a) The Port Authority is authorized and  empowered  to  enter  into  an
   32  agreement  with the Triborough Authority (and from time to time to enter
   33  into agreements amending the same) for the design, location,  financing,
   34  construction,  maintenance  and  operation of the Narrows bridge and any
   35  other matters of like or different character with respect to the Narrows
   36  bridge, and by which the Port Authority  may  grant,  convey,  lease  or
   37  otherwise  transfer  to  the  Triborough Authority or to the city of New
   38  York for the use and occupancy of the Triborough  Authority  any  right,
   39  title or interest of the Port Authority in the Narrows bridge and in any
   40  part  or parts thereof, upon such terms as may be determined by the Port
   41  Authority and the Triborough Authority, including  but  not  limited  to
   42  agreement as to the method of fixing the tolls, rents, charges and other
   43  fees and the rules for the regulation of the use of the bridge.
   44    (b)  So  long  as the Port Authority shall retain title to the Narrows
   45  bridge, it shall, so far as it deems it practicable, treat as  a  single
   46  unified operation the effectuation of the Narrows bridge, the interstate
   47  bridges  and  tunnels  now  operated by the Port Authority and any other
   48  bridges or tunnels which it may construct or operate, raising moneys for
   49  the construction thereof and for the making of  additions  and  improve-
   50  ments  thereto in whole or in part upon its own obligations, and, except
   51  as provided in such agreement or any amendment thereof, establishing and
   52  levying such tolls, rents, charges and other fees as it may deem  neces-
   53  sary  to secure from all of such bridges and tunnels as a group at least
   54  sufficient revenue to meet the expenses  of  the  effectuation  of  such
   55  bridges  and  tunnels  as a group, and to provide for the payment of the
   56  interest upon and amortization and retirement of and the fulfillment  of
       A. 7413                            124
    1  the terms of all bonds which it may have issued in connection therewith.
    2  Except  as provided in such agreement or any amendment thereof, no other
    3  agency or commission of either state shall have  jurisdiction  over  the
    4  Narrows bridge so long as the Port Authority shall retain title thereto,
    5  and, except as so provided, all details of the design, location, financ-
    6  ing,  construction,  leasing,  tolls,  rents,  charges  and  other fees,
    7  contracts, maintenance and operation of and rules for the regulation  of
    8  the use of the Narrows bridge so long as the Port Authority shall retain
    9  title  thereto  shall  be within its sole discretion and its decision in
   10  connection with any and all matters  concerning  such  bridge  shall  be
   11  controlling and conclusive.
   12    (c)  The  states  of  New York and New Jersey hereby consent to suits,
   13  actions or proceedings against the Port Authority  upon,  in  connection
   14  with  or  arising out of such agreement or any amendment thereof, by the
   15  Triborough Authority, or by the city of New York if and  to  the  extent
   16  that  such agreement or any amendment thereof shall create rights in the
   17  city of New York, as follows:
   18    (1) For judgments, orders or decrees restraining or enjoining the Port
   19  Authority from transferring title to real property to other  persons  in
   20  cases where it has agreed with the Triborough Authority to transfer such
   21  title to the Triborough Authority or to the city of New York for the use
   22  and occupancy of the Triborough Authority, and
   23    (2) For judgments, orders or decrees restraining or enjoining the Port
   24  Authority from committing or continuing to commit other breaches of such
   25  agreement or any amendment thereof;  provided, that such judgment, order
   26  or  decree  shall  not  be  entered  except upon two days' prior written
   27  notice to the Port Authority of the proposed entry thereof and  provided
   28  further, that upon an appeal taken by the Port Authority from such judg-
   29  ment,  order or decree the service of the notice of appeal shall perfect
   30  the appeal and shall stay the  execution  of  such  judgment,  order  or
   31  decree appealed from, without an undertaking or other security.
   32    Nothing  herein contained shall be deemed to revoke, rescind or affect
   33  any consents to suits, actions or proceedings against the Port Authority
   34  heretofore given by the two said states in chapter three hundred one  of
   35  the  laws of New York of nineteen hundred fifty and continued by article
   36  XV of this chapter and chapter two hundred  four  of  the  laws  of  New
   37  Jersey of nineteen hundred fifty-one.
   38    S  2105. Funding.   The moneys in the general reserve fund of the Port
   39  Authority may be pledged in whole or in part by the  Port  Authority  as
   40  security  for  or  applied  by  it to the repayment with interest of any
   41  moneys which it may raise upon Narrows bridge bonds issued  by  it  from
   42  time  to time and the moneys in said general reserve fund may be applied
   43  by the Port Authority to the fulfillment of any other undertakings which
   44  it may assume to or for the benefit of the holders of any such bonds.
   45    Subject to prior liens and pledges (and to the obligation of the  Port
   46  Authority  to  apply  revenues to the maintenance of its general reserve
   47  fund in the amount prescribed by the general reserve fund statutes), the
   48  revenues of the Port Authority from facilities established, constructed,
   49  acquired or effectuated through the issuance or sale  of  bonds  of  the
   50  Port  Authority  secured  by a pledge of its general reserve fund may be
   51  pledged in whole or in part as security for or  applied  by  it  to  the
   52  repayment  with  interest  of any moneys which it may raise upon Narrows
   53  bridge bonds, and said revenues may be applied by the Port Authority  to
   54  the  fulfillment of any other undertakings which it may assume to or for
   55  the benefit of the holders of such bonds.
       A. 7413                            125
    1    In the event that at any time the balance of moneys  theretofore  paid
    2  into  the general reserve fund and not applied therefrom shall exceed an
    3  amount equal to one-tenth of the  par  value  of  all  bonds  legal  for
    4  investment, as defined and limited in the general reserve fund statutes,
    5  issued  by the Port Authority and currently outstanding at such time, by
    6  reason of the retirement of Narrows bridge bonds the par value of  which
    7  had theretofore been included in the computation of said one-tenth, then
    8  the  Port Authority may pledge or apply such excess for and only for the
    9  purposes for which it is authorized by the general reserve fund statutes
   10  to pledge the moneys in the general reserve fund, and such pledge may be
   11  made in advance of the time when such excess may occur.
   12    S 2106. Bi-state covenant.   The two states covenant  and  agree  with
   13  each  other and with the holders of Narrows bridge bonds as security for
   14  which there may or shall be pledged (directly or indirectly, or  through
   15  the  medium  of  its general reserve fund or otherwise) the revenues, or
   16  any part thereof, of the Narrows bridge or any other facility  owned  or
   17  operated by the Port Authority, that the two states will not, so long as
   18  any  of such bonds remain outstanding and unpaid, diminish or impair the
   19  power of the Port Authority to establish, levy and collect tolls, rents,
   20  charges or other fees in connection with the Narrows bridge (so long  as
   21  the  Port Authority shall retain title to such bridge) or any such other
   22  facility;  and that the two said states will not, so long as any of such
   23  bonds remain outstanding and unpaid and so long as  the  Port  Authority
   24  shall  retain title to the Narrows bridge, authorize the construction of
   25  any other vehicular bridges or tunnels (other than  bridges  or  tunnels
   26  exclusively  for  railway  rapid transit purposes) between Staten Island
   27  and Long Island by any person or body other than the Port Authority.
   28    S 2107. Security bonds.  Narrows bridge bonds are hereby made  securi-
   29  ties  in  which  all  state  and  municipal  officers and bodies of both
   30  states, all banks, bankers, trust companies, savings banks, building and
   31  loan associations, savings and loan associations,  investment  companies
   32  and  other  persons carrying on a banking business, all insurance compa-
   33  nies, insurance associations and other persons carrying on an  insurance
   34  business,  and  all  administrators,  executors, guardians, trustees and
   35  other fiduciaries, and all other persons whatsoever, who are now or  may
   36  hereafter  be  authorized  by  either  state  to invest in bonds of such
   37  state, may properly and legally invest  any  funds,  including  capital,
   38  belonging  to  them  or within their control;  and said bonds are hereby
   39  made securities which may properly and legally  be  deposited  with  and
   40  shall  be received by any state or municipal officer or agency of either
   41  state for any purpose for which the deposit of bonds of  such  state  is
   42  now or may hereafter be authorized.
   43    S 2108. Authorization to acquire real property.  If the Port Authority
   44  shall  find  it necessary or convenient to acquire any real property for
   45  Narrows bridge purposes  (including  temporary  construction,  rehabili-
   46  tation  or  improvement),  whether for immediate or future use, the Port
   47  Authority may find and determine  that  such  property,  whether  a  fee
   48  simple  absolute or a lesser interest, is required for a public use, and
   49  upon such determination the said property shall be and shall  be  deemed
   50  to  be  required  for  such public use until otherwise determined by the
   51  Port Authority, and such determination shall not be affected by the fact
   52  that such property has theretofore been taken for and is then devoted to
   53  a public use; but the public use in the hands of or under the control of
   54  the Port Authority shall be deemed superior to the  public  use  in  the
   55  hands  of  any  other  person, association or corporation.   If the Port
   56  Authority shall find it necessary or convenient hereunder to acquire any
       A. 7413                            126
    1  real property which is then devoted to a public use, the Port  Authority
    2  shall  have  power to exchange or substitute any other real property for
    3  such real property upon terms agreed to by the Port  Authority  and  the
    4  owner  of  such  property  then devoted to a public use, and to find and
    5  determine that such other real property is also required  for  a  public
    6  use;  upon such determination the said other property shall be and shall
    7  be deemed to be required for such public use.
    8    The Port Authority may acquire and is hereby authorized to acquire any
    9  real property in the state of New York required for a public  use  under
   10  the  preceding  paragraph,  whether  a  fee  simple absolute or a lesser
   11  estate, by the exercise of the right of eminent domain under and  pursu-
   12  ant  to the eminent domain procedure law of the state of New York, or at
   13  the option of the Port Authority pursuant to  any  other  and  alternate
   14  procedure provided by law by such state.  Nothing herein contained shall
   15  be construed to prevent the Port Authority from bringing any proceedings
   16  in  either state to remove a cloud on title or such other proceedings as
   17  it may, in its discretion, deem proper and necessary, or from  acquiring
   18  any such property in either state by negotiation or purchase.
   19    Where  a  person  entitled  to  an award remains in possession of such
   20  property after the time of the vesting of title in the  Port  Authority,
   21  the  reasonable  value  of his use and occupancy of such property subse-
   22  quent to such time, as fixed by  agreement  or  by  the  court  in  such
   23  proceedings  or  by any court of competent jurisdiction, shall be a lien
   24  against such award, subject only to liens of record at the time  of  the
   25  vesting of title in the Port Authority.
   26    S  2109.  Prior  consent  required.  Anything  in  this article to the
   27  contrary notwithstanding, no property now or hereafter vested in or held
   28  by the city of New York shall be taken by the Port Authority without the
   29  authority or consent of the city as provided in said  compact  of  April
   30  thirty,  nineteen  hundred twenty-one. The Port Authority is also hereby
   31  authorized and empowered to acquire from said city by  agreement  there-
   32  with,  and  the  city, notwithstanding any contrary provision of law, is
   33  hereby authorized and empowered to  grant  and  convey  upon  reasonable
   34  terms  and  conditions  any real property which the Port Authority shall
   35  find to be necessary for Narrows bridge purposes,  including  such  real
   36  property  as has already been devoted to a public use.  The state of New
   37  York hereby consents to the use and occupation of the real  property  of
   38  such  state  which  the  Port  Authority  shall find to be necessary for
   39  Narrows bridge purposes, including lands of the state lying under water,
   40  and the department, board or division or other agency of the state exer-
   41  cising supervision of such property shall execute such documents  as  it
   42  may deem necessary to evidence the right to such use and occupation.
   43    S 2110. Authorization of agents to enter property.  The Port Authority
   44  and its duly authorized agents, and all persons acting under its author-
   45  ity  and  by  its  direction, may enter in the daytime into and upon any
   46  real property which it shall be necessary so to enter, for  the  purpose
   47  of  making  such surveys, diagrams, maps or plans, or for the purpose of
   48  making such soundings or borings as the Port Authority may  deem  neces-
   49  sary  or  convenient for the purposes of this article and the concurrent
   50  act of the state of New Jersey.
   51    S 2111. Essential government function.  The construction,  maintenance
   52  and  operation of the Narrows bridge are and will be in all respects for
   53  the benefit of the people of the states of New York and New Jersey,  for
   54  the increase of their commerce and prosperity and for the improvement of
   55  their  health  and  living  conditions  and shall be deemed to be public
   56  purposes;  and the Port Authority shall be  regarded  as  performing  an
       A. 7413                            127
    1  essential governmental function in undertaking the construction, mainte-
    2  nance  and  operation  thereof and in carrying out the provisions of law
    3  relating thereto.
    4    S  2112.  Tax exemption on acquired property.  No taxes or assessments
    5  shall be levied or collected upon any  property  acquired  or  used  for
    6  Narrows bridge purposes.
    7    S  2113. Governmental nature. Any declarations contained herein and in
    8  the concurrent act of the state  of  New  Jersey  with  respect  to  the
    9  governmental  nature and public purpose of the Narrows bridge and to the
   10  exemption of Narrows bridge property from taxation and to the discretion
   11  of the Port Authority with respect to the operation thereof shall not be
   12  construed to imply that other Port Authority property and operations are
   13  not of a governmental nature or do not constitute  public  purposes,  or
   14  that  they  are  subject  to taxation, or that the determinations of the
   15  Port Authority with respect thereto are  not  conclusive.    The  powers
   16  vested  in  the  Port  Authority herein and in the concurrent act of the
   17  state of New Jersey (including but not limited to the powers to  acquire
   18  real  property  by  condemnation  and  to  make or effectuate additions,
   19  improvements, approaches and connections) shall, except as herein other-
   20  wise expressly stated, be continuing  powers  and  no  exercise  thereof
   21  shall be deemed to exhaust them or any of them.
   22    The provisions of chapter forty-seven of the laws of New York of nine-
   23  teen  hundred thirty-one as continued by article III of this chapter and
   24  chapter four of the laws of New Jersey of  nineteen  hundred  thirty-one
   25  shall not apply to the Narrows bridge.
   26    S  2114.  Agreement.  This  section and the preceding sections of this
   27  article constitute an agreement between the states of New York  and  New
   28  Jersey  supplementary  to the compact between the two states dated April
   29  thirty, nineteen hundred twenty-one, and amendatory thereof,  and  shall
   30  be liberally construed to effectuate the purposes of said compact and of
   31  the  comprehensive  plan  heretofore  adopted by the two states, and the
   32  powers vested in the Port Authority hereby shall be construed to  be  in
   33  aid  of and supplemental to and not in limitation of or in derogation of
   34  any of the powers heretofore conferred upon or  delegated  to  the  Port
   35  Authority.
   36                                ARTICLE XXII
   37                       NEW JERSEY TURNPIKE CONNECTIONS
   38  Section 2201. Definitions.
   39          2202. Authorization for agreement with New Jersey agencies.
   40          2203. Securities.
   41    S 2201. Definitions. As used in this article:
   42    1. "Port authority" shall mean the Port of New York Authority;
   43    2. "Bonds" shall mean bonds, notes, securities or other obligations or
   44  evidences of indebtedness;
   45    3.  "Newark  bay-Hudson  county  extension"  shall  mean  the turnpike
   46  project of the New  Jersey  Turnpike  Authority  extending  between  the
   47  vicinity of Port street and Newark airport in the city of Newark and the
   48  vicinity  of the Holland tunnel in Hudson county, authorized by subdivi-
   49  sion (c) of section one of chapter forty-one of the laws of  New  Jersey
   50  of  one  thousand  nine  hundred  forty-nine,  as amended by chapter two
   51  hundred eighty-six of the laws  of  New  Jersey  of  one  thousand  nine
   52  hundred fifty-one;
   53    4.  "Newark  bay-Hudson  county  extension terminal connections" shall
   54  mean the connections to the Newark bay-Hudson county  extension  at  the
       A. 7413                            128
    1  following  locations:   (a) at or in the vicinity of the westerly end of
    2  the Newark bay-Hudson county extension  to  interconnect  United  States
    3  Highway  route  1,  the  turnpike  toll  plaza,  Port  street and Newark
    4  airport,  and  (b) at or in the vicinity of the Holland tunnel plaza and
    5  thence northerly in Hudson county to a point  at  grade  at  or  in  the
    6  vicinity of Paterson avenue in the city of Hoboken.
    7    S  2202.  Authorization  for  agreement with New Jersey agencies.  The
    8  port authority is hereby authorized and empowered, in its discretion, to
    9  enter into an agreement or agreements upon such terms and conditions  as
   10  it may deem in the public interest, with the New Jersey Turnpike Author-
   11  ity,  or  the  New Jersey state highway department, or both, whereby the
   12  port authority may undertake to pay to such other party  or  parties  to
   13  such  agreement  or  agreements  such portion or portions of the cost of
   14  constructing either or both of said Newark bay-Hudson  county  extension
   15  terminal connections as the port authority shall determine to be propor-
   16  tionate  to  the  benefit  to  facilities  owned or operated by the port
   17  authority from such connections, whether or not such  connections  shall
   18  constitute approaches or connections to such port authority facilities.
   19    S 2203. Securities. The bonds which may be issued by the port authori-
   20  ty  to  provide  funds  to  make  all  or  any portion of the payment or
   21  payments required by an agreement or agreements  authorized  by  section
   22  twenty-two hundred two of this article and for purposes incidental ther-
   23  eto are hereby made securities in which all state and municipal officers
   24  and  bodies of New Jersey and New York, all banks, bankers, trust compa-
   25  nies, savings banks, building and loan  associations,  saving  and  loan
   26  associations, investment companies and other persons carrying on a bank-
   27  ing  business, all insurance companies, insurance associations and other
   28  persons carrying on an insurance business, and all administrators, exec-
   29  utors, guardians, trustees and other fiduciaries and all  other  persons
   30  whatsoever are now or may hereafter be authorized by either the state of
   31  New  Jersey  or  the state of New York to invest in bonds or other obli-
   32  gations of such state, may properly and legally invest any funds includ-
   33  ing capital belonging to them or within their control;   and said  bonds
   34  are  hereby  made securities which may properly and legally be deposited
   35  with and shall be received by any state or municipal officer  or  agency
   36  of  either  the  state  of  New  Jersey or the state of New York for any
   37  purpose for which the deposit of bonds  or  other  obligations  of  such
   38  state is now or may hereafter be authorized.
   39                                ARTICLE XXIII
   40                           COMMUTER RAILROAD CARS
   41  Section 2301. Commuter railroad cars.
   42    S  2301.  Commuter railroad cars. 1. Upon the concurrence of the state
   43  of New Jersey, the states of New York and New  Jersey  agree  that  each
   44  such  state  may  elect  by  appropriate  legislation to provide for the
   45  purchase and rental by the port of New York authority of  railroad  cars
   46  for passenger transportation in accordance with this article.
   47    2. For the purpose of this article:
   48    (a) "Port authority" shall mean the port of New York authority.
   49    (b)  "Commuter  railroad  of  an electing state" shall mean a railroad
   50  transporting passengers between municipalities in  the  portion  of  the
   51  port  of New York district within such state, the majority of the track-
   52  age of which within the port of  New  York  district  utilized  for  the
   53  transportation of passengers shall be in such state.
       A. 7413                            129
    1    (c)  "Railroad  cars"  shall  mean  railroad passenger cars, including
    2  self-propelled cars, and locomotives and other  rolling  stock  used  in
    3  passenger transportation.
    4    3.  (a)  Upon  the election by either state as provided in subdivision
    5  one of  this  section,  the  port  authority  shall  be  authorized  and
    6  empowered to:
    7    (i)  purchase and own railroad cars for the purpose of leasing them to
    8  any commuter railroad of such state;  provided, however, that  no  rail-
    9  road  cars  shall be so purchased except with advances received or money
   10  borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor
   11  shall the port authority incur expenses in connection with such purchase
   12  and ownership except out of such  advances  or  borrowed  money  or  the
   13  rentals received from such leasing;
   14    (ii)  receive  and  accept  advances from such state for such purchase
   15  upon such terms and conditions as such state may specify;
   16    (iii) borrow money from any source for such purchase or for the repay-
   17  ment of such advances or money borrowed, subject to  the  provisions  of
   18  paragraph (b) of this subdivision;
   19    (iv)  secure  the repayment of principal of and interest upon any such
   20  borrowed money by and only by a lien upon such railroad cars,  a  pledge
   21  of the rentals therefrom and the liability of the electing state for the
   22  repayment of such principal and interest;
   23    (v)  lease  such  railroad cars directly or indirectly to any commuter
   24  railroad of such state upon  such  terms  and  conditions  as  the  port
   25  authority  shall  deem in the public interest, including postponement of
   26  receipt of rentals by the port authority in the interest  of  increasing
   27  and  improving  the service rendered to the commuting public;  provided,
   28  however, that no such lease shall become effective  until  it  has  been
   29  approved  in  writing by the officer of the electing state designated by
   30  appropriate legislation;  and
   31    (vi) sell or otherwise dispose of such cars upon such terms and condi-
   32  tions and to such persons as the port authority shall deem in the public
   33  interest, except as may be otherwise directed by such electing state.
   34    (b) The port authority shall not borrow money pursuant to subparagraph
   35  (iii) of paragraph (a) of this subdivision unless and until the electing
   36  state shall have duly amended its constitution, if necessary, making  or
   37  authorizing  making  the  state liable for the repayment of the money so
   38  borrowed and interest thereon or for the fulfillment of the rental obli-
   39  gations to the port authority, or both;   and the port  authority  shall
   40  not  borrow  any such money unless and until the electing state shall be
   41  made liable for the repayment of any such money.
   42    4. The purchase and ownership by the port authority of  railroad  cars
   43  and  the  rental thereof to commuter railroads of the states of New York
   44  or New Jersey are and will be in all respects for  the  benefit  of  the
   45  people  of  the  said  two states for the increase of their commerce and
   46  prosperity and for the improvement of their health,  safety  and  living
   47  conditions  and  shall  be  deemed  to  be public purposes; and the port
   48  authority shall be regarded  as  performing  an  essential  governmental
   49  function  in  undertaking  such  purchase,  ownership  and rental and in
   50  carrying out the provisions of law relating thereto.
   51    5. The bonds or other evidences of indebtedness which may be issued by
   52  the port authority pursuant to this article are hereby  made  securities
   53  in  which  all state and municipal officers and bodies, all banks, bank-
   54  ers, trust companies, savings  banks,  savings  and  loan  associations,
   55  investment  companies  and other persons carrying on a banking business,
   56  all insurance companies, insurance associations and other persons carry-
       A. 7413                            130
    1  ing on an insurance business, and all administrators, executors, guardi-
    2  ans, trustees and other fiduciaries and all other persons whatsoever who
    3  are now or may hereafter be authorized to invest in bonds or other obli-
    4  gations  of  the  electing  state,  may  properly and legally invest any
    5  funds, including capital, belonging to them  or  within  their  control;
    6  and  said bonds or other evidences of indebtedness are hereby made secu-
    7  rities which may properly and legally be deposited  with  and  shall  be
    8  received by any state or municipal officer or agency for any purpose for
    9  which  the  deposit  of  bonds or other evidences of indebtedness of the
   10  electing state is now or may hereafter be authorized.    Such  bonds  or
   11  other evidences of indebtedness shall constitute negotiable instruments.
   12    Notwithstanding  the  provisions  of this or any other legislation the
   13  rentals received by the port authority from the leasing of any  railroad
   14  cars under this article shall not be pooled or applied to the establish-
   15  ment or maintenance of any reserve fund of the port authority pledged as
   16  security  for  any  bonds  or other evidences of indebtedness other than
   17  those issued pursuant to this article, and the bonds or other  evidences
   18  of indebtedness issued pursuant to this article shall not be included in
   19  measuring  the  principal  amount of bonds or other evidences of indebt-
   20  edness upon which the amount of any such reserve fund is calculated.
   21    6. No taxes or assessments shall be levied or collected upon any rail-
   22  road cars owned by the port authority pursuant to this article  or  upon
   23  any leasehold interest therein.
   24    7. (a) The state of New York hereby elects pursuant to subdivision one
   25  of  this  section  to  provide  for  the purchase and rental by the port
   26  authority of railroad cars on the commuter railroads of this state.  The
   27  commissioner of the department of transportation is hereby designated as
   28  the officer of this state for the approval of leases pursuant to subpar-
   29  agraph (v) of paragraph (a) of subdivision three of this section.
   30    (b)  In  the  event  that  this  state shall make advances to the port
   31  authority for the purchase and rental of railroad cars, the port author-
   32  ity shall repay any such advances, pursuant to  an  appropriate  written
   33  agreement  with  the  director  of  the budget entered into prior to the
   34  requisitioning of such advances, out of money borrowed for such  purpose
   35  under  subparagraph  (iii) of paragraph (a) of subdivision three of this
   36  section. Except as so repaid, such advances shall be repaid annually  by
   37  the  port  authority  to the extent and only to the extent that the port
   38  authority shall have received rentals, directly or indirectly, from  all
   39  the  commuter  railroads  of this state to which railroad cars have been
   40  leased under this article in excess of the components  of  such  rentals
   41  which represent the port authority's administrative, legal and financial
   42  expenses in connection with the purchase, ownership and lease.
   43    (c)  In  the  event that railroad cars purchased by the port authority
   44  are sold upon the default of any  lessee  thereof,  the  port  authority
   45  shall  deduct  from the proceeds of such sale its unpaid administrative,
   46  legal and financial expenses in connection with such lease and sale  and
   47  an  amount  equal  to  the  unpaid  principal and interest and mandatory
   48  redemption premiums, whenever payable, upon  its  outstanding  bonds  or
   49  other  evidences  of indebtedness, the proceeds of the issuance of which
   50  shall have been applied to the purchase of the railroad  cars  sold  and
   51  shall  pay  the balance to this state, but the port authority shall have
   52  full authority to agree with any other creditors of such lessee,  either
   53  in  advance  of or after default, as to the order of payment to the port
   54  authority and such other creditors, either out of  the  assets  of  such
   55  lessee  available  for  such creditors, including the port authority, or
   56  out of the proceeds of the joint sale  of  various  properties  of  such
       A. 7413                            131
    1  creditors  theretofore used by such lessee, including such railroad cars
    2  of the port authority.
    3    (d) Except as provided in paragraph (c) of this subdivision, any rail-
    4  road cars purchased by the port authority with the proceeds of the issu-
    5  ance  by the port authority of any series of bonds or other evidences of
    6  indebtedness shall become the property of this  state  after  the  final
    7  payment  of  all  the  bonds  or other evidences of indebtedness of such
    8  series, and thereafter shall be held by the port  authority  subject  to
    9  the  disposition  of  this state, and any railroad cars purchased by the
   10  port authority with any advances from this state shall become the  prop-
   11  erty of this state upon the repayment of all such advances solely out of
   12  rentals  in  excess  of  the  port authority's administrative, legal and
   13  financial expenses in connection therewith;  or if the proceeds of  port
   14  authority  bonds  or other evidences of indebtedness of any series shall
   15  have been applied to repay all or any portion  of  such  advances,  then
   16  such cars shall become the property of this state upon the final payment
   17  of  all  such  bonds  or  other  evidences  of such indebtedness of such
   18  series.
   19    (e)(i) To the extent authorized by the constitution at the time of the
   20  issuance of bonds or notes of the port authority for any of the purposes
   21  of this article, the punctual payment of such bonds and notes shall  be,
   22  and  the  same  hereby  is,  fully and unconditionally guaranteed by the
   23  state of New York, both as to principal and interest, according to their
   24  terms;  and such guaranty shall be expressed upon the  face  thereof  by
   25  the  signature  or  facsimile  signature  of the comptroller or a deputy
   26  comptroller of the state of New York.  If the port authority shall  fail
   27  to  pay,  when  due,  the  principal of, or interest upon, such bonds or
   28  notes, such comptroller shall pay the holder thereof.  In furtherance of
   29  such guaranty of punctual payment, if  the  comptroller  of  this  state
   30  shall  receive  written  notice  from  the trustee or other fiduciary or
   31  other duly authorized representative of the holder or  holders  of  such
   32  bonds  and  notes designated in any agreement between the port authority
   33  and such holder or holders that the port authority has failed to make or
   34  deposit any payment of interest or principal required by such  agreement
   35  to  or with such trustee or fiduciary or otherwise at or before the time
   36  specified in such agreement, then such comptroller  shall  within  three
   37  days  of  the receipt of such notice pay to such trustee or fiduciary or
   38  other duly authorized representative the amount necessary  to  meet  any
   39  deficiency in the payment of such interest and principal, when due.
   40    If  the  comptroller shall make a payment or payments pursuant to this
   41  subparagraph, the state shall be subrogated to the rights of  the  bond-
   42  holders  or  noteholders to whom, or on account of whom, such payment or
   43  payments were made, in and to the revenues pledged to such holders;  and
   44  for such purpose, to the extent any such revenues in the  hands  of  the
   45  port  authority may be inadequate to repay such payment or payments made
   46  by the state, the state shall be further subrogated to the rights of the
   47  port authority to recover any rentals due and unpaid to the port author-
   48  ity as of the date of such payment or payments and pledged to such hold-
   49  ers as aforesaid.
   50    (ii) Such bonds and notes shall be sold by the port authority in  such
   51  manner  and at such time as the port authority, with the approval of the
   52  comptroller, shall determine.  The proceeds of each  sale  of  bonds  or
   53  notes  shall  be  applied  to  the  purpose or purposes set forth in the
   54  resolution of the port authority authorizing the issuance of such  bonds
   55  or  notes.    If,  after having accomplished the purpose or purposes set
   56  forth in such resolution there remains any unexpended balance (including
       A. 7413                            132
    1  interest earned by the port authority on such proceeds), such unexpended
    2  balance shall be applied by the port authority, to the extent  practica-
    3  ble,  to  the  purchase  for retirement or to the redemption of bonds or
    4  notes  included  in  such  sale,  or otherwise as the port authority may
    5  determine for the purposes of this article.   If any commuter  car,  the
    6  acquisition  of which is financed or refinanced by the issuance of bonds
    7  or notes under this article, be lost, damaged or destroyed, the proceeds
    8  of any insurance policies covering such loss, damage or  destruction  or
    9  any  payments  made  to  the port authority by the lessee of such car on
   10  account of such loss, damage or destruction shall be applied by the port
   11  authority, to the extent practicable, to the purchase for retirement  or
   12  to  the redemption of bonds or notes of such series, or otherwise as the
   13  port authority may determine for the purposes of this article.
   14    (iii) The port authority is designated as the agent of  the  state  of
   15  New  York  for the purpose of selling, leasing or otherwise disposing of
   16  any railroad cars which shall become the property of the state  pursuant
   17  to  paragraph (d) of this subdivision.  As such agent the port authority
   18  may agree, upon such terms and conditions as may be  deemed  appropriate
   19  by it, with any lessee of railroad cars or with any other person, either
   20  in advance of or after the time when such cars shall become the property
   21  of  the  state, so to sell, lease or otherwise dispose of such cars.  In
   22  the event any such cars are so sold, leased or otherwise disposed of  by
   23  the  port  authority, the port authority shall pay over to the state, as
   24  promptly after receipt  as  may  be  practicable,  any  balance  of  the
   25  proceeds  thereof,  which remain after deduction of the port authority's
   26  administrative, legal and financial expenses in connection with or aris-
   27  ing out of such sale, lease or other disposition.
   28                                ARTICLE XXIV
   29                             WORLD TRADE CENTER
   30  Section 2401. World trade center.
   31    S 2401. World trade center. 1. The states of New York and  New  Jersey
   32  hereby find and determine:
   33    (a) that the transportation of persons to, from and within the port of
   34  New  York,  and  the  flow  of foreign and domestic cargoes to, from and
   35  through the port of New York are vital and essential to the preservation
   36  of the economic well-being of the northern New Jersey-New York metropol-
   37  itan area;
   38    (b) that in order to preserve the northern New Jersey-New York  metro-
   39  politan  area  from  economic deterioration, adequate facilities for the
   40  transportation of persons must be provided, preserved and maintained and
   41  that rail services are and will remain of  extreme  importance  to  such
   42  transportation of persons;
   43    (c) that the interurban electric railway now or heretofore operated by
   44  the Hudson & Manhattan railroad company is an essential railroad facili-
   45  ty  serving the northern New Jersey-New York metropolitan area, that its
   46  physical plant is in a severely deteriorated condition, and that  it  is
   47  in extreme financial condition;
   48    (d)  that  the  immediate  need for the maintenance and development of
   49  adequate railroad facilities for the transportation of  persons  between
   50  northern  New Jersey and New York would be met by the acquisition, reha-
   51  bilitation and operation of the said Hudson & Manhattan interurban elec-
   52  tric railway by a public agency, and improvement and extensions  of  the
   53  rail  transit lines of said railway to permit transfer of its passengers
       A. 7413                            133
    1  to and from other transportation facilities  and  in  the  provision  of
    2  transfer facilities at the points of such transfers;
    3    (e)  that in order to preserve and protect the position of the port of
    4  New York as the nation's leading gateway for world commerce it is incum-
    5  bent on the states of New York and New Jersey to make  every  effort  to
    6  insure  that  their  port  receives its rightful share of the oceanborne
    7  cargo volumes generated by the economy of the nation;
    8    (f) that the servicing functions and  activities  connected  with  the
    9  oceanborne  and  overseas airborne trade and commerce of the port of New
   10  York district as defined in the compact  between  the  said  two  states
   11  dated  April thirty, nineteen hundred twenty-one (hereinafter called the
   12  port district),  including  customs  clearance,  shipping  negotiations,
   13  cargo routing, freight forwarding, financing, insurance arrangements and
   14  other  similar  transactions  which  are presently performed in various,
   15  scattered locations in the city of New York, state of New  York,  should
   16  be  centralized to provide for more efficient and economical transporta-
   17  tion of persons and more efficient and  economical  facilities  for  the
   18  exchange and buying, selling and transportation of commodities and other
   19  property in world trade and commerce;
   20    (g)  that  unification,  at  a  single, centrally located site, of the
   21  principal New York terminal of the aforesaid interurban electric railway
   22  and a facility of commerce accommodating the said functions  and  activ-
   23  ities described in paragraph (f) of this subdivision and the appropriate
   24  governmental,  administrative and other services connected with or inci-
   25  dental to transportation of persons and property and the  promotion  and
   26  protection of port commerce, and providing a central locale for exhibit-
   27  ing  and  otherwise  promoting  the  exchange  and buying and selling of
   28  commodities and property in world trade and  commerce,  will  materially
   29  assist in preserving for the two states and the people thereof the mate-
   30  rial and other benefits of a prosperous port community;
   31    (h) that the port authority, which was created by agreement of the two
   32  states  as  their  joint agent for the development of the transportation
   33  and terminal facilities and other facilities of  commerce  of  the  port
   34  district  and  for the promotion and protection of the commerce of their
   35  port, is the proper agency to act in their behalf (either directly or by
   36  or through wholly-owned subsidiary corporations)  to  effectuate,  as  a
   37  unified project, the said interurban electric railway and its extensions
   38  and the facility of commerce described in paragraph (g) of this subdivi-
   39  sion; and
   40    (i)  that the undertaking of the aforesaid unified project by the port
   41  authority has the single object of preserving, and is part of a  unified
   42  plan  to  aid  in  the  preservation  of, the economic well-being of the
   43  northern New Jersey-New York metropolitan area and is found  and  deter-
   44  mined to be in the public interest.
   45    2.  The  following  terms as used in this act shall have the following
   46  meanings:
   47    (a) "Bonds" shall mean bonds, notes, securities or  other  obligations
   48  or evidences of indebtedness;
   49    (b)  "Effectuation" of a project or any facility or part of a facility
   50  constituting a portion of a project shall include but not be limited  to
   51  its  establishment, acquisition, construction, development, maintenance,
   52  operation, improvement (by way of betterments, additions  or  otherwise)
   53  and rehabilitation;
   54    (c)  "Exchange place terminal area" shall mean the area in the city of
   55  Jersey City, state of New Jersey, bounded generally  by  Exchange  place
   56  and  Montgomery  street,  by  Warren  street, by Pearl street, by Greene
       A. 7413                            134
    1  street, and by Morgan street as extended to the  bulkhead  line  and  by
    2  said bulkhead line, together with such additional contiguous area as may
    3  be agreed upon from time to time between the port authority and the said
    4  city;
    5    (d)  "General reserve fund statutes" shall mean chapter forty-eight of
    6  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
    7  continued  by  article XXX of this chapter, and chapter five of the laws
    8  of New Jersey of nineteen hundred thirty-one as  amended,  and  "general
    9  reserve  fund" shall mean the general reserve fund of the port authority
   10  authorized by said statutes;
   11    (e) "Hudson tubes" shall mean that portion  of  the  port  development
   12  project  constituting  a railroad facility consisting of the four inter-
   13  state rail tunnels under the Hudson river now  or  heretofore  owned  or
   14  operated  by  the  Hudson & Manhattan railroad company, the rail transit
   15  lines of the Hudson tubes, the balance of the interurban electric  rail-
   16  way  system  in  and  through said tunnels and over said lines and inci-
   17  dental thereto (including but not limited to the portion of  such  lines
   18  and  system  now or heretofore operated jointly by said railroad company
   19  and the Pennsylvania railroad company),  terminals,  including  but  not
   20  limited to terminals in the Hudson tubes-world trade center area, in the
   21  Journal  square  terminal  area and in the Exchange place terminal area,
   22  and other related railroad property;
   23    (f) "Hudson tubes extensions" shall mean those portions  of  the  port
   24  development  project  constituting  passenger  railroad  facilities  (1)
   25  extending directly from the rail transit lines of the Hudson tubes, over
   26  new rail transit lines or on or over the existing rail transit lines  of
   27  other  railroads,  to transfer facilities in the rail passenger transfer
   28  area, for the transfer of passengers of the Hudson  tubes  to  and  from
   29  other railroads, and (2) extending from Pennsylvania station in the city
   30  of  Newark,  state  of  New Jersey, over new rail transit lines or on or
   31  over the existing rail transit lines of other railroads, to the vicinity
   32  of the city of Plainfield, state of New Jersey, including  construction,
   33  reconstruction  and improvement of necessary stations in and between the
   34  city of Newark and the vicinity of the city of Plainfield, together with
   35  such additional rail or other mass  transportation,  terminal,  station,
   36  parking,  storage  and service facilities as operations may require, and
   37  shall include a connection to provide improved access to Newark interna-
   38  tional airport if and to the extent such connection shall not be  other-
   39  wise  provided by the port authority as air terminal facilities for said
   40  airport, and (3) consisting of the following improvements  to  passenger
   41  railroad  lines  connecting  with  the  Hudson  tubes:  (i) direct track
   42  connections between the rail transit lines of the Morris &  Essex  divi-
   43  sion of the Erie-Lackawanna railroad and the Penn Central transportation
   44  company  in  the  vicinity  of  the  town  of Kearny in the state of New
   45  Jersey, (ii) replacement of the railroad bridge (known  as  the  "portal
   46  bridge")  operated by the Penn Central transportation company across the
   47  Hackensack river, (iii) direct track connections between the rail trans-
   48  it lines of the Bergen branch and the mail line of  the  Erie-Lackawanna
   49  railroad  in  the  vicinity  of the town of Secaucus in the state of New
   50  Jersey and between the new joint line resulting  from  such  connections
   51  and the rail transit lines of the Penn Central transportation company in
   52  the  vicinity of the town of Secaucus in the state of New Jersey, (iv) a
   53  new railroad yard in the vicinity of the town of Secaucus in  the  state
   54  of New Jersey for the accommodation of railroad passenger equipment, (v)
   55  improvements  to  Pennsylvania station in the city of New York, state of
   56  New York, and to its railroad approaches from the state of  New  Jersey,
       A. 7413                            135
    1  as  necessary  or  desirable to improve operations and to increase train
    2  and passenger handling capacity, and (vi) such additional rail or  other
    3  mass  transportation,  terminal,  station,  parking, storage and service
    4  facilities as operations may require with respect to any of the projects
    5  identified  in  this subparagraph or any of the foregoing or any portion
    6  thereof; and, in addition thereto, other related railroad property;
    7    (g) "Hudson tubes-world trade center area" shall mean the area in  the
    8  borough  of  Manhattan, city and state of New York, bounded generally by
    9  the east side of Church street on the east, the south  side  of  Liberty
   10  street  and  the south side of Liberty street extended on the south, the
   11  Hudson river on the west, and on the north by a line  beginning  at  the
   12  point  of  intersection  of the Hudson river and the north side of Vesey
   13  street extended, running along the north side of Vesey  street  extended
   14  and  the  north  side  of  Vesey  street  to the west side of Washington
   15  street, then along the west side of Washington street to the north  side
   16  of  Barclay  street,  then along the north side of Barclay street to the
   17  east side of West Broadway, then along the east side of West Broadway to
   18  the north side of Vesey street, then  along  the  north  side  of  Vesey
   19  street  to the east side of Church street, together with such additional
   20  contiguous area as may be agreed upon from time to time between the port
   21  authority and the said city;
   22    (h) "Journal square terminal area" shall mean the area in the city  of
   23  Jersey  City,  state of New Jersey, bounded generally by Journal square,
   24  Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together
   25  with such additional contiguous area as may be agreed upon from time  to
   26  time between the port authority and the said city;
   27    (i)  "Municipality" shall mean a county, city, borough, village, town,
   28  township or other similar political  subdivision  of  New  York  or  New
   29  Jersey;
   30    (j)  "Parking facilities" forming a part of the Hudson tubes or Hudson
   31  tubes extensions shall mean one or more  areas,  buildings,  structures,
   32  improvements  or  other  accommodations  or  appurtenances  at or in the
   33  vicinity of any terminal or station of the Hudson tubes or Hudson  tubes
   34  extensions  and necessary, convenient or desirable in the opinion of the
   35  port authority for the parking of motor vehicles of users of the  Hudson
   36  tubes  or  the  Hudson  tubes  extensions  and of members of the general
   37  public and for the parking and storage of omnibuses  and  railroad  cars
   38  serving users of the Hudson tubes or the Hudson tubes extensions and for
   39  the  transfer  of  the  operators and passengers of such motor vehicles,
   40  omnibuses and railroad cars to and from the railroad cars of the  Hudson
   41  tubes or the Hudson tubes extensions, and for purposes incidental there-
   42  to;
   43    (k) "Purposes of this article" shall mean the effectuation of the port
   44  development  project and of each facility constituting a portion thereof
   45  and of each part of each such facility, and purposes incidental thereto;
   46    (l) "Rail passenger transfer area" shall mean the area in the state of
   47  New Jersey bounded as follows: beginning on the west bank of the  Hudson
   48  river  at the southerly side of the right-of-way of the Central railroad
   49  of New Jersey easterly of the Communipaw station in the city  of  Jersey
   50  City,  thence northwestwardly along said southerly side of the right-of-
   51  way of the Central railroad of New Jersey through the cities  of  Jersey
   52  City and Kearny to Broad street in the city of Newark; thence northward-
   53  ly  along  Broad  street  to  Clay  street, thence eastwardly along Clay
   54  street to the boundary between the counties of Hudson and Essex  in  the
   55  Passaic  river,  thence  northwardly  along  said boundary to its inter-
   56  section with the boundary  line  between  the  counties  of  Bergen  and
       A. 7413                            136
    1  Hudson,  thence  eastwardly  and  northwardly along said boundary to New
    2  Jersey state highway route three, thence  eastwardly  along  said  route
    3  three,  the  Lincoln  tunnel  viaduct and a line in continuation of said
    4  viaduct  and  tunnel to the west bank of the Hudson river, thence south-
    5  wardly along said west bank to the point and place of beginning;
    6    (m) "Rail transit lines" shall mean right-of-way and related trackage,
    7  and the "rail transit lines of the Hudson tubes"  shall  mean  the  rail
    8  transit lines beginning at the Market street station of the Pennsylvania
    9  railroad  company in the city of Newark, state of New Jersey and extend-
   10  ing generally (i) eastwardly along the joint service and operating route
   11  now or heretofore used by the Hudson & Manhattan  railroad  company  and
   12  the  Pennsylvania  railroad  company  to the point of connection thereof
   13  with the tracks now or formerly  of  the  Hudson  &  Manhattan  railroad
   14  company  in  or  about  the  Journal  square  terminal area; thence (ii)
   15  continuing eastwardly along the tracks and right-of-way now  or  hereto-
   16  fore used by the Hudson & Manhattan railroad company through the city of
   17  Jersey  City,  state  of  New  Jersey  and through the tunnels under the
   18  waters of the Hudson river and through Cortlandt and Fulton  streets  in
   19  the  borough  of  Manhattan,  city  and  state of New York to the Hudson
   20  terminal in the Hudson tubes-world trade center area; with a branch from
   21  the aforesaid route from a point located between the  Grove  street  and
   22  Exchange  place  stations  in  said  city of Jersey City northwardly and
   23  eastwardly to the Hoboken terminal station in the city of Hoboken, state
   24  of New Jersey and with a second branch from said first branch eastwardly
   25  and through the tunnels under the waters of the Hudson river to the said
   26  borough of Manhattan passing  through  or  adjacent  to  Morton  street,
   27  Greenwich  street,  Christopher  street  and  the avenue of the Americas
   28  (formerly Sixth avenue) to the West Thirty-third street terminal in said
   29  borough of Manhattan; and rail transit lines of the Hudson tubes and  of
   30  the Hudson tubes extensions shall in each case include such rail transit
   31  lines  as the port authority may deem necessary, convenient or desirable
   32  to and from parking facilities, storage yards,  maintenance  and  repair
   33  shops and yards forming part thereof;
   34    (n)  "Real  property"  shall  mean  lands,  structures, franchises and
   35  interests in land, waters, lands under water and riparian rights and any
   36  and all things and rights included within said term,  and  includes  not
   37  only fees simple absolute but also any and all lesser interests, includ-
   38  ing  but not limited to easements, rights-of-way, uses, leases, licenses
   39  and all other incorporeal hereditaments and every  estate,  interest  or
   40  right,  legal or equitable, including terms for years, and liens thereon
   41  by way of judgments, mortgages or otherwise;
   42    (o)  "Related  railroad  property"  shall  mean  any  property,  real,
   43  personal or mixed, necessary, convenient or desirable, in the opinion of
   44  the  port authority, to the effectuation of a railroad facility which is
   45  a portion of the port development project and shall include but  not  be
   46  limited  to  rail  transit  lines;  terminals and stations; power, fuel,
   47  communication, signal and ventilation systems; cars  and  other  rolling
   48  stock; storage yards; repair and maintenance shops, yards, equipment and
   49  parts;  parking  facilities; transfer facilities for transfer of passen-
   50  gers between such railroad facility and other  railroads  or  omnibuses;
   51  offices; and other buildings, structures, improvements, areas, equipment
   52  or  supplies; and, in the case of buildings, structures, improvements or
   53  areas in which any one or more of such railroad functions  are  accommo-
   54  dated  shall  include all of such buildings, structures, improvements or
   55  areas notwithstanding that portions thereof may not be devoted to any of
   56  the purposes of the port development project other than  the  production
       A. 7413                            137
    1  of  incidental  revenue available for the expenses of all or part of the
    2  port development project, except that in the  Hudson  tubes-world  trade
    3  center  area the portions of such buildings, structures, improvements or
    4  areas  constructed or established pursuant to this article which are not
    5  devoted primarily to railroad functions, activities or  services  or  to
    6  functions,  activities  or  services  for  railroad  passengers shall be
    7  deemed a part of the world trade center and not related railroad proper-
    8  ty;
    9    (p) "Surplus revenues" from any facility shall mean the balance of the
   10  revenues from such facility (including but not limited to  the  revenues
   11  of  any  subsidiary  corporation incorporated for any of the purposes of
   12  this act) remaining at any time currently  in  the  hands  of  the  port
   13  authority  after  the deduction of the current expenses of the operation
   14  and maintenance thereof, including a proportion of the general  expenses
   15  of  the  port  authority  as  it shall deem properly chargeable thereto,
   16  which general expenses shall include but not be limited to  the  expense
   17  of protecting and promoting the commerce of the port district, and after
   18  the  deduction  of  any amounts which the port authority may or shall be
   19  obligated or may or shall have obligated itself to pay to or  set  aside
   20  out  of the current revenues therefrom for the benefit of the holders of
   21  any bonds legal for investment as defined in the  general  reserve  fund
   22  statutes;
   23    (q)  "Surplus revenues of the port development project" shall mean the
   24  surplus revenues of the Hudson tubes, the Hudson  tubes  extensions  and
   25  the world trade center; and
   26    (r)  "World trade center" shall mean that portion of the port develop-
   27  ment project constituting a facility of commerce consisting  of  one  or
   28  more buildings, structures, improvements and areas necessary, convenient
   29  or  desirable  in  the opinion of the port authority for the centralized
   30  accommodation of functions, activities and services for or incidental to
   31  the transportation of persons, the exchange, buying, selling and  trans-
   32  portation of commodities and other property in world trade and commerce,
   33  the  promotion  and  protection of such trade and commerce, governmental
   34  services related to  the  foregoing  and  other  governmental  services,
   35  including  but  not limited to custom houses, customs stores, inspection
   36  and appraisal facilities, foreign trade zones, terminal and  transporta-
   37  tion  facilities,  parking  areas,  commodity  and  security  exchanges,
   38  offices, storage, warehouse, marketing  and  exhibition  facilities  and
   39  other facilities and accommodations for persons and property and, in the
   40  case  of  buildings,  structures,  improvements  and areas in which such
   41  accommodation is afforded, shall include all of such  buildings,  struc-
   42  tures,  improvements  and areas other than portions devoted primarily to
   43  railroad functions, activities or services or to  functions,  activities
   44  or services for railroad passengers, notwithstanding that other portions
   45  of such buildings, structures, improvements and areas may not be devoted
   46  to purposes of the port development project other than the production of
   47  incidental revenue available for the expenses of all or part of the port
   48  development project.
   49    3.  In furtherance of the aforesaid findings and determinations and in
   50  partial effectuation of and supplemental to the comprehensive plan here-
   51  tofore adopted by the two said states for the development  of  the  said
   52  port  district, the port authority is hereby authorized and empowered to
   53  establish, acquire, construct, effectuate, develop,  own,  lease,  main-
   54  tain,  operate, improve and rehabilitate a project herein referred to as
   55  the port development project, which  shall  consist  of  a  facility  of
   56  commerce  herein  referred  to  as the world trade center, to be located
       A. 7413                            138
    1  within the Hudson tubes-world trade center area, and railroad facilities
    2  herein referred to as the Hudson tubes and the Hudson tubes  extensions.
    3  The  port  authority  shall  proceed as rapidly as may be practicable to
    4  accomplish the purposes of this article.
    5    The  port  authority  is hereby authorized and empowered to establish,
    6  levy and collect such rentals, tolls, fares, fees and other  charges  as
    7  it may deem necessary, proper or desirable in connection with any facil-
    8  ity  or part of any facility constituting a portion of the port develop-
    9  ment project and to issue bonds for any of the purposes of this  article
   10  and  to  provide for payment thereof, with interest upon and the amorti-
   11  zation and retirement of such bonds, and to secure all or any portion of
   12  such bonds by a pledge of such rentals, tolls, fares, fees, charges  and
   13  other  revenues  or  any  part thereof (including but not limited to the
   14  revenues of any subsidiary  corporation  incorporated  for  any  of  the
   15  purposes  of  this  article),  and  to secure all or any portion of such
   16  bonds by mortgages upon any property held or to  be  held  by  the  port
   17  authority  (or  by  any  such  subsidiary  corporation)  for  any of the
   18  purposes of this article, and for any of the purposes of this article to
   19  exercise all appropriate powers heretofore or hereafter delegated to  it
   20  by the states of New York and New Jersey, including, but not limited to,
   21  those  expressly set forth in this article.  The surplus revenues of the
   22  port development project may be pledged in whole or in part  as  herein-
   23  after provided.
   24    Unless  and until hereafter expressly authorized by the two states the
   25  port authority shall not: (a) operate or permit operation by  others  of
   26  its  Hudson  tubes  railroad cars or other rolling stock or equipment or
   27  Hudson tubes extensions railroad cars or other rolling stock  or  equip-
   28  ment  except  upon  the rail transit lines of the Hudson tubes or of the
   29  Hudson tubes extensions and also between the Market street  station  and
   30  the  South  street  station  of the Pennsylvania railroad company in the
   31  city of Newark, state of New Jersey; or (b)  except  by  way  of  Hudson
   32  tubes extensions as herein defined, make additions, betterments or other
   33  improvements  to  or  of said Hudson tubes or Hudson tubes extensions by
   34  way of extensions of their rail transit lines. Nothing herein  contained
   35  shall  be  deemed  to  prevent  the making by the port authority of such
   36  joint service or other agreements with railroads as it shall deem neces-
   37  sary, convenient or desirable for the use of the Hudson tubes and Hudson
   38  tubes extensions by the railroad cars or other rolling stock  or  equip-
   39  ment  of  such railroads and the acquisition of the rights of any or all
   40  parties in any joint service or other agreements the Hudson &  Manhattan
   41  railroad  company or its successors shall have made with other railroads
   42  for such use of the Hudson tubes. The port authority shall  not  proceed
   43  with  the  effectuation of any railroad or railroad facility in addition
   44  to the Hudson tubes and the  Hudson  tubes  extensions  until  hereafter
   45  expressly  authorized by the two states. Nothing contained in this arti-
   46  cle  shall  authorize  or  empower  the  port  authority  to  establish,
   47  construct or otherwise effectuate an air terminal.
   48    4.  The  moneys in the general reserve fund may be pledged in whole or
   49  in part by the port authority as security for or applied by  it  to  the
   50  repayment  with  interest  of  any  moneys which it may raise upon bonds
   51  issued or incurred by it from time to time for any of  the  purposes  of
   52  this  article or upon bonds secured in whole or in part by the pledge of
   53  the revenues from the port development project or any portion thereof or
   54  upon bonds both so issued or incurred and so secured;  and the moneys in
   55  said general reserve fund may be applied by the port  authority  to  the
       A. 7413                            139
    1  fulfillment  of any other undertakings which it may assume to or for the
    2  benefit of the holders of any such bonds.
    3    Subject  to prior liens and pledges (and to the obligation of the port
    4  authority to apply revenues to the maintenance of  its  general  reserve
    5  fund in the amount prescribed by the general reserve fund statutes), the
    6  revenues from facilities established, constructed, acquired or otherwise
    7  effectuated  through the issuance or sale of bonds of the port authority
    8  secured in whole or in part by a pledge of its general reserve  fund  or
    9  any  portion  thereof may be pledged in whole or in part as security for
   10  or applied by it to any of the purposes of this article,  including  the
   11  repayment  with  interest  of  any  moneys which it may raise upon bonds
   12  issued or incurred from time to time for any of  the  purposes  of  this
   13  article  or  upon bonds secured in whole or in part by the pledge of the
   14  revenues of the port authority from the port development project or  any
   15  portion thereof or upon bonds both so issued or incurred and so secured;
   16  and  said  revenues may be applied by the port authority to the fulfill-
   17  ment of any other undertakings which it may assume to or for the benefit
   18  of the holders of such bonds.
   19    5. In all cases where the port authority has raised or shall hereafter
   20  raise moneys for any of the purposes of this article by  the  issue  and
   21  sale  of  bonds which are secured in whole or in part by a pledge of the
   22  general reserve fund or any portion thereof, the surplus  revenues  from
   23  any  facility constituting a portion of the port development project and
   24  financed in whole or in part out of the proceeds of such bonds  and  the
   25  surplus  revenue  from  any  other  port  authority facility the surplus
   26  revenues of which at such time may be payable into the  general  reserve
   27  fund shall be pooled and applied by the port authority to the establish-
   28  ment  and  maintenance of the general reserve fund in an amount equal to
   29  one-tenth of the par value of all bonds legal for investment, as defined
   30  in the general reserve fund statutes, issued by the port  authority  and
   31  currently  outstanding,  including  such  bonds  issued  for  any of the
   32  purposes of this article; and all such moneys in  said  general  reserve
   33  fund  may  be  pledged and applied in the manner provided in the general
   34  reserve fund statutes.
   35    In the event that any time the balance of moneys theretofore paid into
   36  the general reserve fund and  not  applied  therefrom  shall  exceed  an
   37  amount equal to one-tenth of the par value of all bonds upon the princi-
   38  pal  amount  of  which  the amount of the general reserve fund is calcu-
   39  lated, by reason of the retirement of bonds issued or incurred from time
   40  to time for any of the purposes of this article the par value  of  which
   41  had  theretofore  been included in the computation of said amount of the
   42  general reserve fund, then the port authority may pledge or  apply  such
   43  excess  for  and only for the purposes for which it is authorized by the
   44  general reserve fund statutes  to  pledge  the  moneys  in  the  general
   45  reserve  fund  and  such  pledge may be made in advance of the time when
   46  such excess may occur.
   47    6. The two states covenant and agree with  each  other  and  with  the
   48  holders  of  any affected bonds, as hereinafter defined, that so long as
   49  any of such bonds remain outstanding and unpaid and the holders  thereof
   50  shall  not  have  given their consent as provided in their contract with
   51  the port authority, the two states will not diminish or impair the power
   52  of the port authority (or any subsidiary  corporation  incorporated  for
   53  any  of  the  purposes  of  this article) to establish, levy and collect
   54  rentals, tolls, fares, fees or other  charges  in  connection  with  any
   55  facility  constituting  a portion of the port development project or any
   56  other facility owned or operated by the  port  authority  of  which  the
       A. 7413                            140
    1  revenues  have  been or shall be pledged in whole or in part as security
    2  for such bonds (directly or indirectly, or through  the  medium  of  the
    3  general reserve fund or otherwise), or to determine the quantity, quali-
    4  ty,  frequency or nature of the service provided in connection with each
    5  such facility.
    6    "Affected bonds" as used in this subdivision shall mean bonds  of  the
    7  port authority issued or incurred by it from time to time for any of the
    8  purposes  of  this  article  or bonds as security for which there may or
    9  shall be pledged, in whole or in part, the general reserve fund  or  any
   10  reserve  fund  established  by  or pursuant to contract between the port
   11  authority and the holders of such bonds, or the revenues  of  the  world
   12  trade center, Hudson tubes, Hudson tubes extensions or any other facili-
   13  ty owned or operated by the port authority any surplus revenues of which
   14  would  be payable into the general reserve fund, or bonds both so issued
   15  or incurred and so secured.
   16    7. The port authority is authorized and empowered to  co-operate  with
   17  the  states  of New York and New Jersey, with any municipality, with the
   18  federal government and with any agency or commission of any one or  more
   19  of the foregoing, or with any one or more of them, for and in connection
   20  with  the  acquisition,  clearance,  replanning,  rehabilitation, recon-
   21  struction or redevelopment of the Hudson tubes-world trade  center  area
   22  or  of  any  other area forming part of the port development project for
   23  the purpose of renewal and improvement of said area and for any  of  the
   24  purposes  of  this article, and to enter into an agreement or agreements
   25  (and from time to time to enter into agreements amending or  supplement-
   26  ing  the same) with any such municipality, commission or agency and with
   27  the states of New York and New Jersey and with the  federal  government,
   28  or  with  any  one  or  more  of them, for or relating to such purposes,
   29  including but not  limited  to  agreements  with  respect  to  financial
   30  assistance, loans and grants as provided in title one of the housing act
   31  of  nineteen  hundred  forty-nine  and  all  federal laws amendatory and
   32  supplemental thereto and with respect to occupancy of space in the  port
   33  development  project.  The  port  authority  is  hereby  authorized  and
   34  empowered to apply for and accept financial assistance, loans and grants
   35  for such purposes under federal, state or local laws, and to make appli-
   36  cation directly to the proper officials  or  agencies  for  and  receive
   37  federal, state or local loans or grants in aid of any of the purposes of
   38  this article.
   39    8.  If  the  port  authority  shall find it necessary or convenient to
   40  acquire any real property for Narrows bridge purposes (including  tempo-
   41  rary construction, rehabilitation or improvement), whether for immediate
   42  or future use, the port authority may find and determine that such prop-
   43  erty,  whether  a  fee simple absolute or a lesser interest, is required
   44  for a public use, and upon such determination the said property shall be
   45  and shall be deemed to be required for such public use  until  otherwise
   46  determined  by  the  port authority, and such determination shall not be
   47  affected by the fact that such property has theretofore been  taken  for
   48  and  is then devoted to a public use; but the public use in the hands of
   49  or under the control of the port authority shall be deemed  superior  to
   50  the  public  use in the hands of any other person, association or corpo-
   51  ration. If the port authority shall  find  it  necessary  or  convenient
   52  hereunder to acquire any real property which is then devoted to a public
   53  use,  the  port authority shall have power to exchange or substitute any
   54  other real property for such real property upon terms agreed to  by  the
   55  port  authority  and the owner of such property then devoted to a public
   56  use, and to find and determine that such other  real  property  is  also
       A. 7413                            141
    1  required  for a public use; upon such determination the said other prop-
    2  erty shall be and shall be deemed to be required for such public use.
    3    The port authority may acquire and is hereby authorized to acquire any
    4  real  property  in the state of New York required for a public use under
    5  the preceding paragraph, whether a  fee  simple  absolute  or  a  lesser
    6  estate,  by the exercise of the right of eminent domain under and pursu-
    7  ant to the eminent domain procedure law of the state of New York, or  at
    8  the  option  of  the  port authority pursuant to any other and alternate
    9  procedure provided by law by such state. Nothing herein contained  shall
   10  be construed to prevent the port authority from bringing any proceedings
   11  in  either state to remove a cloud on title or such other proceedings as
   12  it may, in its discretion, deem proper and necessary, or from  acquiring
   13  any such property in either state by negotiation or purchase.
   14    Where  a  person  entitled  to  an award remains in possession of such
   15  property after the time of the vesting of title in the  port  authority,
   16  and  reasonable  value  of his use and occupancy of such property subse-
   17  quent to such time, as fixed by  agreement  or  by  the  court  in  such
   18  proceedings  or  by any court of competent jurisdiction, shall be a lien
   19  against such award, subject only to liens of record at the time  of  the
   20  vesting of title in the port authority.
   21    9.  The  states  of  New  York and New Jersey hereby consent to suits,
   22  actions or proceedings by any municipality against  the  port  authority
   23  upon,  in connection with or arising out of any agreement, or any amend-
   24  ment thereof, entered into for any of the purposes of this  article,  as
   25  follows:
   26    (a) for judgments, orders or decrees restraining or enjoining the port
   27  authority  from  transferring title to real property to other persons in
   28  cases where it has agreed with said municipality for  transfer  of  such
   29  title to the municipality;  and
   30    (b) for judgments, orders or decrees restraining or enjoining the port
   31  authority from committing or continuing to commit other breaches of such
   32  agreement or any amendment thereof;  provided, that such judgment, order
   33  or  decree  shall  not  be  entered  except upon two days' prior written
   34  notice to the port  authority  of  the  proposed  entry  thereof;    and
   35  provided  further that upon appeal taken by the port authority from such
   36  judgment, order or decree the service of  the  notice  of  appeal  shall
   37  perfect  the  appeal  and  stay the execution of such judgment, order or
   38  decree appealed from without an undertaking or other security.
   39    Nothing herein contained shall be deemed to revoke, rescind or  affect
   40  any consent to suits, actions, or proceedings against the port authority
   41  heretofore  given by the two said states in chapter three hundred one of
   42  the laws of New York of nineteen hundred fifty and continued by  article
   43  XXV  of  this  chapter,  and chapter two hundred four of the laws of New
   44  Jersey of nineteen hundred fifty-one.
   45    10. The effectuation of the world trade center, the Hudson  tubes  and
   46  the  Hudson  tubes  extensions, or any of such facilities constituting a
   47  portion of the port development project, are and will be in all respects
   48  for the benefit of the people of the states of New York and New  Jersey,
   49  for  the  increase of their commerce and prosperity and for the improve-
   50  ment of their health and living conditions; and the port  authority  and
   51  any  subsidiary corporation incorporated for any of the purposes of this
   52  article shall be regarded as performing an essential governmental  func-
   53  tion  in  undertaking  the effectuation thereof, and in carrying out the
   54  provisions of law relating thereto.
   55    11. The port authority shall be required to pay no  taxes  or  assess-
   56  ments  upon  any  of  the property acquired or used by it for any of the
       A. 7413                            142
    1  purposes of this article or upon any deed, mortgage or other  instrument
    2  affecting  such  property  or upon the recording of any such instrument.
    3  However, to the end that no municipality  shall  suffer  undue  loss  of
    4  taxes  and  assessments  by  reason  of the acquisition and ownership of
    5  property by the port authority for any of the purposes of this  article,
    6  the   port   authority  is  hereby  authorized  and  empowered,  in  its
    7  discretion, to enter into a voluntary agreement or agreements  with  any
    8  municipality whereby the port authority will undertake to pay in lieu of
    9  taxes  a fair and reasonable sum or sums annually in connection with any
   10  real property acquired and owned by the port authority for  any  of  the
   11  purposes of this article.  Such sums in connection with any real proper-
   12  ty  acquired  and owned by the port authority for any of the purposes of
   13  this article shall not be more than the sum last paid as taxes upon such
   14  real property prior to the time of its acquisition by the port  authori-
   15  ty;    provided,  however,  that  in  connection with any portion of the
   16  Hudson tubes-world trade center area acquired  and  owned  by  the  port
   17  authority  for  any of the purposes of this article, after such property
   18  is improved pursuant to this article with world trade center  buildings,
   19  structures  or  improvements greater in value than the buildings, struc-
   20  tures or improvements on such Hudson tubes-world trade  center  area  at
   21  the  time of its acquisition by the port authority, then, with regard to
   22  such greater value, such sum or sums may be increased by such additional
   23  sum or sums annually as may be agreed upon between  the  port  authority
   24  and the city of New York which will not include any consideration of the
   25  exhibit  areas  of the world trade center or of any areas which would be
   26  tax exempt in their own right if title were in  the  governmental  occu-
   27  pants or of other areas accommodating services for the public or devoted
   28  to  general public use.  Each such municipality is hereby authorized and
   29  empowered to enter into such  agreement  or  agreements  with  the  port
   30  authority and to accept the payment or payments which the port authority
   31  is  hereby authorized and empowered to make, and the sums so received by
   32  such municipality shall be devoted to purposes to  which  taxes  may  be
   33  applied unless and until otherwise directed by law of the state in which
   34  such municipality is located.
   35    12.  All  details  of  the  effectuation, including but not limited to
   36  details of financing, leasing, rentals, tolls,  fares,  fees  and  other
   37  charges,  rates,  contracts  and service, of the world trade center, the
   38  Hudson tubes and the Hudson tubes extensions by the port authority shall
   39  be within its sole discretion and its decision in  connection  with  any
   40  and  all matters concerning the world trade center, the Hudson tubes and
   41  the Hudson tubes extensions shall be  controlling  and  conclusive.  The
   42  local  laws,  resolutions, ordinances, rules and regulations of the city
   43  of New York shall apply to such world trade center if so provided in any
   44  agreement between the port authority and the  city  and  to  the  extent
   45  provided in any such agreement.
   46    So long as any facility constituting a portion of the port development
   47  project  shall  be  owned,  controlled or operated by the port authority
   48  (either directly or through a subsidiary  corporation  incorporated  for
   49  any  of  the purposes of this article), no agency, commission or munici-
   50  pality of either or both of the two states shall have jurisdiction  over
   51  such facility nor shall any such agency, commission or municipality have
   52  any  jurisdiction over the terms or method of effectuation of all or any
   53  portion thereof by the port authority (or such  subsidiary  corporation)
   54  including  but not limited to the transfer of all or any portion thereof
   55  to or by the port authority (or such subsidiary corporation).
       A. 7413                            143
    1    Nothing in this article shall be deemed to prevent the port  authority
    2  from  establishing, acquiring, owning, leasing, constructing, effectuat-
    3  ing, developing, maintaining, operating, rehabilitating or improving all
    4  or any portion of the port  development  project  through  wholly  owned
    5  subsidiary corporations of the port authority or from transferring to or
    6  from  any  such corporations any moneys, real property or other property
    7  for any of the purposes of this article. If  the  port  authority  shall
    8  determine  from  time  to  time to form such a subsidiary corporation it
    9  shall do so by executing and filing with the secretary of state  of  New
   10  York  and the secretary of state of New Jersey a certificate of incorpo-
   11  ration, which may be amended from time to time by similar filing,  which
   12  shall  set  forth the name of such subsidiary corporation, its duration,
   13  the location of its principal office, and the purposes of  the  incorpo-
   14  ration  which  shall  be  one  or  more of the purposes of establishing,
   15  acquiring,  owning,  leasing,  constructing,  effectuating,  developing,
   16  maintaining,  operating,  rehabilitating or improving all or any portion
   17  of the port development project.    The  directors  of  such  subsidiary
   18  corporation shall be the same persons holding the offices of commission-
   19  ers  of  the port authority.  Such subsidiary corporation shall have all
   20  the powers vested in the port authority itself for the purposes of  this
   21  article  except  that  it  shall  not have the power to contract indebt-
   22  edness.  Such subsidiary corporation and any of its property,  functions
   23  and  activities  shall  have  all  of  the  privileges,  immunities, tax
   24  exemptions and other exemptions of the port authority and  of  the  port
   25  authority's  property, functions and activities.  Such subsidiary corpo-
   26  ration shall be subject to the restrictions and limitations to which the
   27  port authority may  be  subject,  including,  but  not  limited  to  the
   28  requirement  that  no action taken at any meeting of the board of direc-
   29  tors of such subsidiary corporation shall have force or effect until the
   30  governors of the two states shall  have  an  opportunity,  in  the  same
   31  manner  and within the same time as now or hereafter provided by law for
   32  approval or veto of actions taken at any meeting of the  port  authority
   33  itself,  to  approve  or veto such action.   Such subsidiary corporation
   34  shall be subject to suit in accordance with  subdivision  nine  of  this
   35  section  and  chapter three hundred one of the laws of New York of nine-
   36  teen hundred fifty as continued by article  XXV  of  this  chapter,  and
   37  chapter  two  hundred four of the laws of New Jersey of nineteen hundred
   38  fifty-one as if such subsidiary  corporation  were  the  port  authority
   39  itself.    Such  subsidiary  corporation  shall  not  be a participating
   40  employer under the New York retirement and social security  law  or  any
   41  similar  law  of  either  state and the employees of any such subsidiary
   42  corporation, except those who are also employees of the port  authority,
   43  shall not be deemed employees of the port authority.
   44    Whenever any state, municipality, commission, agency, officer, depart-
   45  ment,  board  or  division  is  authorized  and empowered for any of the
   46  purposes of this article to co-operate and enter  into  agreements  with
   47  the  port  authority or to grant any consent to the port authority or to
   48  grant, convey, lease or otherwise transfer  any  property  to  the  port
   49  authority  or to execute any document, such state, municipality, commis-
   50  sion, agency, officer, department, board or division shall have the same
   51  authorization and power for any of such purposes to co-operate and enter
   52  into agreements with such subsidiary corporation and to  grant  consents
   53  to  such subsidiary corporation and to grant, convey, lease or otherwise
   54  transfer property to such subsidiary corporation and  to  execute  docu-
   55  ments for such subsidiary corporation.
       A. 7413                            144
    1    13. The bonds issued by the port authority to provide funds for any of
    2  the  purposes  of  this  article are hereby made securities in which all
    3  state and municipal officers and bodies of both states, all trust compa-
    4  nies and banks other than savings banks, all building and  loan  associ-
    5  ations,  savings  and  loan associations, investment companies and other
    6  persons carrying on a commercial banking business, all insurance  compa-
    7  nies,  insurance associations and other persons carrying on an insurance
    8  business, and all administrators,  executors,  guardians,  trustees  and
    9  other  fiduciaries, and all other persons whatsoever (other than savings
   10  banks), who are now or may hereafter be authorized by  either  state  to
   11  invest  in  bonds  of  such  state,  may properly and legally invest any
   12  funds, including capital, belonging to them or within their control, and
   13  said bonds are hereby made securities which may properly and legally  be
   14  deposited  with  and shall be received by any state or municipal officer
   15  or agency of either state for any purpose for which the deposit of bonds
   16  of such state is now or may hereafter be authorized.   The bonds  issued
   17  by  the  port authority to provide funds for any of the purposes of this
   18  article as security for which the general reserve fund shall  have  been
   19  pledged  in  whole  or  in  part are hereby made securities in which all
   20  savings banks also may properly and legally invest any funds,  including
   21  capital, belonging to them or within their control.
   22    14.    If  the  port  authority shall find it necessary, convenient or
   23  desirable to acquire (either directly or  through  a  subsidiary  corpo-
   24  ration)  from  time to time any real property or any property other than
   25  real property (including but not limited to contract  rights  and  other
   26  intangible  personal  property and railroad cars or other rolling stock,
   27  maintenance and repair equipment and  parts,  fuel  and  other  tangible
   28  personal property), for any of the purposes of this article, whether for
   29  immediate  or  future  use  (including temporary construction, rehabili-
   30  tation or improvement), the port authority may find and  determine  that
   31  such  property,  whether  a fee simple absolute or a lesser interest, is
   32  required for a public use, and upon such determination the said property
   33  shall be and shall be deemed to be required for such  public  use  until
   34  otherwise determined by the port authority, and such determination shall
   35  not  be  affected  by  the  fact that such property has theretofore been
   36  taken for and is then devoted to a public use; but the public use in the
   37  hands of or under the control of the  port  authority  shall  be  deemed
   38  superior to the public use in the hands of any other person, association
   39  or corporation.
   40    The  port authority may acquire and is hereby authorized so to acquire
   41  from time to time, for any of the purposes of this article, such proper-
   42  ty, whether a fee simple absolute or a  lesser  estate,  (including  the
   43  exercise  of  the  right  of  eminent  domain) under and pursuant to the
   44  provisions of the eminent domain procedure law of the state of New  York
   45  in  the  case  of property located in or having its situs in such state,
   46  and revised statutes of New Jersey, title twenty: one-one  et  seq.,  in
   47  the  case  of property located in or having its situs in such state, or,
   48  at the option of the port authority, as provided in section  fifteen  of
   49  chapter  forty-three  of  the  laws  of  New  Jersey of nineteen hundred
   50  forty-seven, as amended, in the case of property located  in  or  having
   51  its  situs in such state, or pursuant to such other and alternate proce-
   52  dure as may be provided by law of the state in which  such  property  is
   53  located  or  has its situs; and all of said statutes for the acquisition
   54  of real property shall, for any of the  purposes  of  this  article,  be
   55  applied  also  to  the  acquisition of other property authorized by this
   56  subdivision,  except  that  such  provisions  as  pertain  to   surveys,
       A. 7413                            145
    1  diagrams,  maps,  plans  or  profiles,  assessed valuation, lis pendens,
    2  service of notice and papers, filing in the office of the clerk in which
    3  the real property affected is situated and such other provisions  as  by
    4  their  nature cannot be applicable to property other than real property,
    5  shall not be applicable to the acquisition of such  other  property.  In
    6  the  event  that  any  property  other than real property is acquired by
    7  acquisition then, with respect to such other property,  notice  of  such
    8  proceeding and all subsequent notices or court processes shall be served
    9  upon  the  owners  of such other property and upon the port authority by
   10  personal service or by registered or certified mail, except  as  may  be
   11  otherwise directed by the court.
   12    Anything  herein  to  the contrary notwithstanding, any property to be
   13  acquired for any of the purposes of this article, which  property  shall
   14  not  have been used by its owner or owners or any of his or their prede-
   15  cessors in connection with and shall not have been acquired by its owner
   16  or owners or any of his or their predecessors for use in connection with
   17  the effectuation by a railroad company or companies of the Hudson  tubes
   18  or  the  Hudson  tubes  extensions  prior to port authority acquisition,
   19  shall, if such property is personal property, be acquired only by agree-
   20  ment with the owner or  owners  and  shall,  if  such  property  is  not
   21  personal  property,  be acquired in an action or proceeding in the state
   22  in which such property is  located  or  has  its  situs.  Except  as  so
   23  provided,  the port authority is hereby authorized and empowered, in its
   24  discretion, from time to time to combine any property  which  is  to  be
   25  acquired as aforesaid for any of the purposes of this article for acqui-
   26  sition in a single action or proceeding notwithstanding that part of the
   27  the property so to be acquired is located or has its situs in New Jersey
   28  and  part in New York or is personal property or mixed real and personal
   29  property or may be owned by more than one owner; and, except as  herein-
   30  after provided, each such single action or proceeding to acquire proper-
   31  ty  located  or  having it situs part in New Jersey and part in New York
   32  shall be pursuant to the laws of whichever of the two  said  states  the
   33  port  authority shall estimate contains the greater part in value of all
   34  the property to be acquired in such action  or  proceeding  (hereinafter
   35  sometimes  called  the forum state) and in the court or courts specified
   36  in the laws of the forum state for the acquisition by the port authority
   37  of property located or having its situs in the forum state  pursuant  to
   38  this  article,  in which event, notwithstanding the location or situs of
   39  said property, each of said two states hereby confers upon it said court
   40  or courts jurisdiction of such action or proceeding and the port author-
   41  ity and any subsidiary corporation so acquiring such  property  and  the
   42  owners  of  such  property  shall  be  bound by the judgments, orders or
   43  decrees therein. In any such action or proceeding the court or courts of
   44  the forum state shall apply the laws of valuation  of  the  other  state
   45  (hereinafter  sometimes  called  the nonforum state) to the valuation of
   46  the property which is located or has it situs in the nonforum state  and
   47  shall include in the total compensation to be made to any owner of prop-
   48  erty  in  both  states  being  acquired in such action or proceeding the
   49  increment, if any, in the value of such  property  in  both  states,  by
   50  reason  of  its  being  in  a  single ownership. If a judgment, order or
   51  decree in such an action or proceeding shall best title in or  otherwise
   52  award  to  the  authority the right to possession of property located or
   53  having its situs in the nonforum state, then the court or courts of  the
   54  nonforum state shall grant full faith and credit to such judgment, order
   55  or  decree  and upon petition by the authority to the court or courts of
   56  the non forum state specified in the laws thereof for the acquisition by
       A. 7413                            146
    1  the port authority of property located or having its situs in the nonfo-
    2  rum state pursuant to this act, presenting a true copy of such judgment,
    3  order or decree and proof that it is  in  effect,  that  any  conditions
    4  thereof  have been met, that at least five days' notice of such petition
    5  has been served by registered or certified mail upon all owners  of  the
    6  property  affected  who appeared in the original action or proceeding in
    7  the forum state or who may be owners  of  record,  and  without  further
    8  proof, a judgment, order or decree of such court or courts of the nonfo-
    9  rum  state  shall  be  entered  granting the authority possession of the
   10  property located or having its situs in the nonforum state and  confirm-
   11  ing any title which shall have vested in the authority or its subsidiary
   12  by  the  judgment,  order  or decree of the court or courts of the forum
   13  state.
   14    The owner of any property acquired for any of  the  purposes  of  this
   15  article  shall  not be awarded for such property any increment above the
   16  just compensation required by the constitutions of the United States and
   17  of the state or states in which the property is located or has its situs
   18  by reason of any circumstances whatsoever.
   19    Nothing herein contained  shall  be  construed  to  prevent  the  port
   20  authority  from  bringing  any proceedings to remove a cloud on title or
   21  such other proceedings as it may, in its  discretion,  deem  proper  and
   22  necessary,  or  from  acquiring  any  such  property  by  negotiation or
   23  purchase.
   24    Where a person entitled to an award in the proceedings to acquire  any
   25  property  for  any of the purposes of this article remains in possession
   26  of such property after the time of the vesting of title in the authority
   27  or its subsidiary, the reasonable value of his use and occupancy of such
   28  property subsequent to such time, as fixed by agreement or by the  court
   29  in  such proceedings or by any court of competent jurisdiction, shall be
   30  a lien against such award, subject only to liens of record at  the  time
   31  of the vesting of title in the authority or its subsidiary.
   32    15. The port authority and its duly authorized agents, and all persons
   33  acting  under  its  authority  and  by  its  direction, may enter in the
   34  daytime into and upon any real property for the purpose of  making  such
   35  surveys, diagrams, maps, plans, soundings or borings as the port author-
   36  ity  may deem necessary, convenient or desirable for any of the purposes
   37  of this act.
   38    16. Any declarations contained herein with respect to the governmental
   39  nature and public purpose of the world trade center,  Hudson  tubes  and
   40  Hudson  tubes extensions and to the exemption of the world trade center,
   41  Hudson tubes and Hudson tubes extensions property and instruments relat-
   42  ing thereto from taxation and to the discretion of  the  port  authority
   43  with  respect  to  said  facilities shall not be construed to imply that
   44  other port authority facilities, property and operations are  not  of  a
   45  governmental  nature  or  do not serve public purposes, or that they are
   46  subject to taxation, or that the determinations of  the  port  authority
   47  with  respect  thereto  are not conclusive.  The powers hereby vested in
   48  the port authority and in any subsidiary  corporation  incorporated  for
   49  any  of  the  purposes of this article (including but not limited to the
   50  power to acquire real property  by  condemnation)  shall  be  continuing
   51  powers  and  no  exercise  thereof by the port authority or a subsidiary
   52  corporation incorporated for any of the purposes of this  article  shall
   53  be deemed to exhaust them or any of them.
   54    17.  This subdivision and the preceding subdivisions hereof constitute
   55  an agreement between the states of New York and New Jersey supplementary
   56  to the compact between the  two  states  dated  April  thirty,  nineteen
       A. 7413                            147
    1  hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
    2  construed to effectuate the purposes of said compact and of the  compre-
    3  hensive plan heretofore adopted by the two states, and the powers grant-
    4  ed  to  the port authority shall be construed to be in aid of and not in
    5  limitation or in derogation of any  other  powers  heretofore  conferred
    6  upon or granted to the port authority.
    7    18.  If any subdivision, part, phrase, or provision of this article or
    8  the application thereof to  any  person  or  circumstances  be  adjudged
    9  invalid  by  any court of competent jurisdiction, so long as the article
   10  or remainder of the article shall nonetheless permit  the  effectuation,
   11  as  a  unified project, of the Hudson tubes, Hudson tubes extensions and
   12  the world trade center, such judgment shall be confined in its operation
   13  to the subdivision, part,  phrase,  provision  or  application  directly
   14  involved  in  the  controversy  in  which  such judgment shall have been
   15  rendered and shall not affect or impair the validly of the remainder  of
   16  this  article  or  the  application  thereof to other persons or circum-
   17  stances and the two states hereby declare that they would  have  entered
   18  into  this  article  or the remainder thereof had the invalidity of such
   19  provision or application thereof been apparent.
   20                                 ARTICLE XXV
   21                      SUITS AGAINST THE PORT AUTHORITY
   22  Section 2501. Suits against the port authority.
   23          2502. Agreement between the states.
   24    S 2501. Suits against the port authority. 1.  Upon the concurrence  of
   25  the  state of New Jersey in accordance with chapter three hundred one of
   26  the laws of nineteen hundred fifty, the  states  of  New  York  and  New
   27  Jersey consent to suits, actions or proceedings of any form or nature at
   28  law,  in  equity  or  otherwise  (including proceedings to enforce arbi-
   29  tration agreements) against the port authority, and to appeals therefrom
   30  and reviews thereof, except as hereinafter provided in subdivisions  two
   31  through five of this section.
   32    2.    The  foregoing  consent  does  not  extend  to suits, actions or
   33  proceedings upon any causes of action  whatsoever  accruing  before  the
   34  effective  date  of  this article, other than causes of actions upon, in
   35  connection with, or arising out of notes, bonds or other obligations  or
   36  securities  secured  by a pledge of the general reserve fund of the port
   37  authority.
   38    3.   The foregoing consent  does  not  extend  to  suits,  actions  or
   39  proceedings  upon  any  causes of action whatsoever, upon, in connection
   40  with, or arising out of any contract, express or implied,  entered  into
   41  or  assumed  by  or  assigned to the port authority before the effective
   42  date of this article (including any supplement to, or amendment,  exten-
   43  sion  or  renewal  of any such contract, even if such supplement, amend-
   44  ment, extension or renewal is made on or after  the  effective  date  of
   45  this article), regardless of whether such cause of action accrued before
   46  or after that date, other than causes of action upon, in connection with
   47  or  arising  out  of  notes,  bonds  or  other obligations or securities
   48  secured by a pledge of the general reserve fund of the port authority.
   49    4.  The foregoing consent does not extend to civil suits,  actions  or
   50  proceedings for the recovery of statutory penalties.
   51    5.    The  foregoing  consent  does  not  extend  to suits, actions or
   52  proceedings for judgments, orders or decrees restraining,  enjoining  or
   53  preventing  the  port  authority from committing or continuing to commit
   54  any act or acts, other than suits, actions or proceedings by the  attor-
       A. 7413                            148
    1  ney  general  of New York or by the attorney general of New Jersey--each
    2  of whom is hereby authorized to bring such suits, actions or proceedings
    3  in his discretion on behalf of any  person  or  persons  whatsoever  who
    4  requests  him so to do except in the cases excluded by subdivisions two,
    5  three and four of this section; provided, that in any such suit,  action
    6  or proceeding, no judgment, order or decree shall be entered except upon
    7  at  least  two  days'  prior written notice to the port authority of the
    8  proposed entry thereof.
    9    6.  The foregoing consent is granted upon the condition that venue  in
   10  any  suit, action or proceeding against the port authority shall be laid
   11  within a county or a judicial  district,  established  by  one  of  said
   12  states  or by the United States, and situated wholly or partially within
   13  the port of New York district. The port authority shall be deemed to  be
   14  a  resident  of each such county or judicial district for the purpose of
   15  such suits, actions or  proceedings.  Although  the  port  authority  is
   16  engaged  in  the  performance  of  governmental  functions, the said two
   17  states consent to liability on the part of the port  authority  in  such
   18  suits,  actions or proceedings for tortious acts committed by it and its
   19  agents to the same extent as though it were a private corporation.
   20    7.  The foregoing consent is granted upon the condition that any suit,
   21  action or proceeding prosecuted or maintained under this  article  shall
   22  be  commenced  within  one year after the cause of action therefor shall
   23  have accrued, and upon the further condition that in  the  case  of  any
   24  suit,  action or proceeding for the recovery or payment of money, prose-
   25  cuted or maintained under this article, a notice  of  claim  shall  have
   26  been  served upon the port authority by or on behalf of the plaintiff or
   27  plaintiffs at least sixty days before such suit, action or proceeding is
   28  commenced. The provisions of this section  shall  not  apply  to  claims
   29  arising  out  of  provisions of any workmen's compensation law of either
   30  state.
   31    8.  The notice of claim required by subdivision seven of this  section
   32  shall  be in writing, sworn to by or on behalf of the claimant or claim-
   33  ants, and shall set forth (1) the name and post office address  of  each
   34  claimant  and  of his attorney, if any, (2) the nature of the claim, (3)
   35  the time when, the place where and the manner in which the claim  arose,
   36  and  (4)  the items of damage or injuries claimed to have been sustained
   37  so far as then practicable. Such notice may be served in the  manner  in
   38  which  process  may be served, or in lieu thereof, may be sent by regis-
   39  tered mail to the port authority at  its  principal  office.  Where  the
   40  claimant  is  a person under the age of eighteen years or is mentally or
   41  physically incapacitated and by reason of such disability no  notice  of
   42  claim  is  filed or suit, action or proceeding commenced within the time
   43  specified in subdivision seven of this section, or where a person  enti-
   44  tled  to make a claim dies and by reason of his death no notice of claim
   45  is filed or suit, action or proceeding commenced within the time  speci-
   46  fied  in  subdivision seven of this section then any court in which such
   47  suit, action or proceeding may be brought may in  its  discretion  grant
   48  leave  to  serve the notice of claim and to commence the suit, action or
   49  proceeding within a reasonable time but in any event within three  years
   50  after  the  cause  of action accrued. Application for such leave must be
   51  made upon an affidavit showing the particular  facts  which  caused  the
   52  delay and shall be accompanied by a copy of the proposed notice of claim
   53  if  such  notice has not been served, and such application shall be made
   54  only upon notice to the port authority.
   55    9.  The commissioners, officers or employees  of  the  port  authority
   56  shall  not  be  subject  to suits, actions or proceedings for judgments,
       A. 7413                            149
    1  orders or decrees restraining, preventing or  enjoining  them  in  their
    2  official  or personal capacities from committing or continuing to commit
    3  any act or acts on behalf  of  the  port  authority  other  than  suits,
    4  actions  and  proceedings brought by the attorney general of New York or
    5  by the attorney general of New Jersey or by the port authority  itself--
    6  each  of  said  attorneys  general being hereby authorized to bring such
    7  suits, actions or proceedings in his discretion on behalf of any  person
    8  or  persons  whatsoever  who  requests  him so to do except in the cases
    9  excluded by subdivisions two, three and four of this section;  provided,
   10  that  in  any such suit, action or proceeding brought by either attorney
   11  general, no judgment, order or decree shall be entered  except  upon  at
   12  least two days' notice to the defendant of the proposed entry thereof.
   13    10.    Nothing  herein contained shall be deemed to revoke, rescind or
   14  affect any consents to suits, actions or proceedings  against  the  port
   15  authority  heretofore  given  by  the  two  said states in chapter eight
   16  hundred two of the laws of New York of nineteen hundred forty-seven,  as
   17  amended  and  continued  by  article  XIII  of this chapter, and chapter
   18  forty-three of the laws of New Jersey of nineteen  hundred  forty-seven,
   19  as  amended;  chapter  six hundred thirty-one of the laws of New York of
   20  nineteen hundred forty-seven, as amended and continued by article XII of
   21  this chapter; chapter forty-four of the laws of New Jersey  of  nineteen
   22  hundred forty-seven, as amended, and chapter five hundred thirty-four of
   23  the  laws  of  New York of nineteen hundred forty-eight and continued by
   24  article XII of this chapter and chapter ninety-seven of the laws of  New
   25  Jersey of nineteen hundred forty-eight.
   26    S  2502. Agreement between the states.  This article together with the
   27  act of the state of New Jersey concurring herein,  shall  constitute  an
   28  agreement between the states of New York and New Jersey supplementary to
   29  and  amendatory  of  the compact between the two said states dated April
   30  thirtieth, nineteen hundred twenty-one.
   31                                ARTICLE XXVI
   32          RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES
   33  Section 2601. Rules and regulations governing operation of Hudson tubes.
   34    S 2601. Rules and regulations governing operation of Hudson tubes.  1.
   35  The port authority having duly adopted the  following  rules  and  regu-
   36  lations,  hereinafter  set  forth  in  this  subdivision  in relation to
   37  conduct within the territorial limits of the state of New York  and  at,
   38  on  or  in  the Hudson tubes and Hudson tubes extensions operated by its
   39  wholly-owned subsidiary  the  port  authority  trans-Hudson  corporation
   40  (hereinafter  called  "PATH"),  the  penalties  and procedures for their
   41  enforcement prescribed in subdivision  two  shall  apply  to  violations
   42  thereof.
   43                            RULES AND REGULATIONS
   44    (a)  No  person  shall  smoke,  carry  or possess a lighted cigarette,
   45  cigar, pipe, match or any lighted instrument causing naked flame  in  or
   46  about any area, building or appurtenance or in any cars or other rolling
   47  stock  of  the Hudson tubes or Hudson tubes extensions where smoking has
   48  been prohibited by PATH and where appropriate signs to that effect  have
   49  been posted.
   50    (b)  No  person,  unless duly authorized by PATH, shall in or upon any
   51  area, building, appurtenance, car or other rolling stock of  the  Hudson
   52  tubes  or  Hudson tubes extensions sell or offer for sale any article of
       A. 7413                            150
    1  merchandise or solicit any business or trade, including the carrying  of
    2  bags  for hire, the shining of shoes or bootblacking, or shall entertain
    3  any persons by singing, dancing or playing  any  musical  instrument  or
    4  solicit  alms.    No person, unless duly authorized by PATH, shall post,
    5  distribute or display commercial signs, circulars or  other  printed  or
    6  written matter in or upon the Hudson tubes or Hudson tubes extensions.
    7    (c)  No  person, who is unable to give satisfactory explanation of his
    8  presence, shall loiter about any car,  or  other  rolling  stock,  area,
    9  building or appurtenance of the Hudson tubes or Hudson tubes extensions,
   10  or sleep therein or thereon.
   11    (d) No person not authorized by PATH shall be permitted in or upon any
   12  car  or  other  rolling stock or station or platform or parking facility
   13  within the Hudson tubes or Hudson tubes extensions, except upon  payment
   14  in  full  of such fares, fees and other charges as may from time to time
   15  be prescribed by PATH.   No person shall  refuse  to  pay  or  evade  or
   16  attempt  to  evade  the  payment  in  full of such fares, fees and other
   17  charges.
   18    (e) No person shall spit upon, litter or create a  nuisance  or  other
   19  insanitary  condition  in  or  on  any car or other rolling stock, area,
   20  building or appurtenance of the Hudson tubes or Hudson tubes extensions.
   21    (f) No person shall enter any car or other rolling stock, area, build-
   22  ing or appurtenance of the Hudson tubes or Hudson tubes extensions  with
   23  any  animal,  except  an  animal  properly  confined  in  an appropriate
   24  container or a guide dog properly harnessed and muzzled, accompanying  a
   25  blind  person carrying a certificate of identification issued by a guide
   26  dog school.
   27    (g) No person shall get on any car  or  other  rolling  stock  of  the
   28  Hudson  tubes  or  Hudson tubes extensions while it is in motion for the
   29  purpose of obtaining transportation thereon as a passenger nor shall any
   30  person wilfully obstruct, hinder or delay the passage of any such car or
   31  rolling stock.  No person not authorized by  PATH  shall  walk  upon  or
   32  along any right-of-way or related trackage of the Hudson tubes or Hudson
   33  tubes extensions.
   34    2. Any violation of the provisions of paragraph (a) of subdivision one
   35  of this section, shall be an offense and shall be punishable for a first
   36  conviction thereof by a fine of not more than fifty dollars or imprison-
   37  ment  for  not  more  than  thirty  days  or  both;    for a second such
   38  conviction by a fine of not less than twenty-five dollars nor more  than
   39  one  hundred  dollars  or  imprisonment  for not more than sixty days or
   40  both;  for a third or any other subsequent such conviction, by a fine of
   41  not less than fifty dollars nor more than  two  hundred  dollars  or  by
   42  imprisonment  for  not  more than sixty days or both.  Any person who is
   43  guilty of violating any other provision of section one of  this  section
   44  shall  be  guilty  of  an  offense and shall be punishable by a fine not
   45  exceeding ten dollars or by imprisonment not exceeding thirty days or by
   46  both such fine and imprisonment for each conviction thereof.
   47                                ARTICLE XXVII
   48               MASS TRANSPORTATION FACILITIES TO AIR TERMINALS
   49  Section 2701. Mass transportation facilities to air terminals.
   50    S 2701. Mass transportation facilities  to  air  terminals.    1.  The
   51  states of New York and New Jersey hereby find and determine that:
   52    (a)  Each air terminal within the port of New York district serves the
   53  entire district, and the problem of furnishing proper and  adequate  air
       A. 7413                            151
    1  terminal  facilities  within  the  district is a regional and interstate
    2  problem;
    3    (b)  Access  by  land travel to the great airports serving the port of
    4  New York district, particularly John F. Kennedy and Newark international
    5  airports, is becoming increasingly difficult, and such access is  neces-
    6  sary for the continued development of such airports which development is
    7  vital  and  essential  to the preservation of the economic well-being of
    8  the northern New Jersey-New York metropolitan area;
    9    (c) Additional highway construction to serve these great  airports  is
   10  not  feasible  and  creates  severe  problems  in terms of increased air
   11  pollution and the preemption of land which might otherwise be devoted to
   12  park purposes and other desirable uses;
   13    (d) Access to these airports by  railroads  or  other  forms  of  mass
   14  transportation  must be undertaken if they are to maintain their preemi-
   15  nence and continue to serve the economic well-being of the northern  New
   16  Jersey-New York metropolitan area;
   17    (e)  Such  mass  transportation facilities may properly be regarded as
   18  constituting a part of each  air  terminal,  the  development  of  which
   19  should  be  the  responsibility  of those charged with the duties of air
   20  terminal development;
   21    (f) It is the purpose of this article to authorize and direct the port
   22  authority of New York and New Jersey  to  undertake  one  or  more  mass
   23  transportation  access  projects  specifically  with  respect to John F.
   24  Kennedy and Newark international  airports  in  order  to  preserve  and
   25  develop  the  economic  well-being  of  the northern New Jersey-New York
   26  metropolitan area, and such undertakings are found and determined to  be
   27  in the public interest.
   28    2.  In furtherance of the aforesaid findings and determinations and in
   29  partial effectuation of the comprehensive plan heretofore adopted by the
   30  two states for the development of terminal and transportation facilities
   31  in the port of New York district, the port authority of New York and New
   32  Jersey is hereby specifically authorized to undertake pursuant to  chap-
   33  ter forty-three of the laws of New Jersey of nineteen hundred forty-sev-
   34  en, as amended, and chapter eight hundred two of the laws of New York of
   35  nineteen  hundred  forty-seven, as amended and continued by article XIII
   36  of this chapter, the following separate air terminal facilities:
   37    (a) To provide access to Newark international  airport.    A  railroad
   38  line  connecting Newark international airport, including (i) appropriate
   39  mass transportation terminal facilities at and within the said  airport;
   40  (ii)  construction,  reconstruction  and improvement of suitable offsite
   41  facilities for the  accommodation  of  air  passengers,  baggage,  mail,
   42  express,  freight and other users of the connecting facility;  and (iii)
   43  such additional rail or other mass  transportation,  terminal,  station,
   44  parking, storage and service facilities as operations may require.
   45    (b)  To  provide  access  to John F. Kennedy international airport.  A
   46  railroad line connecting John F. Kennedy international  airport  to  the
   47  main line of the Long Island railroad in the county of Queens, including
   48  (i)  a  spur  or  branch to the Montauk line of the said railroad in the
   49  said county;  (ii) appropriate mass transportation  terminal  facilities
   50  at  and  within the said airport;  (iii) suitable offsite facilities for
   51  the accommodation of air passengers, baggage, mail, express, freight and
   52  other users of the connecting facility; and (iv) such additional rail or
   53  other mass  transportation,  terminal,  station,  parking,  storage  and
   54  service facilities, including improvements to the railroad approaches to
   55  Pennsylvania  Station  and  Jamaica Terminal in the city of New York, as
   56  operations may require.
       A. 7413                            152
    1    3. The port authority of New York and New Jersey is hereby  authorized
    2  and  empowered to acquire real property located within the port district
    3  by condemnation or the right  of  eminent  domain  pursuant  to  and  in
    4  accordance  with any of the procedures authorized by chapter forty-three
    5  of  the  laws of New Jersey of nineteen hundred forty-seven, as amended,
    6  in the case of property having its situs in the state of New Jersey, and
    7  by chapter eight hundred two of the laws of New York of nineteen hundred
    8  forty-seven, as amended and continued by article XIII of  this  chapter,
    9  in  the  case of property having its situs in the state of New York, for
   10  and in connection with the undertaking of the air terminal access facil-
   11  ities set forth in subdivision three of this  section.    Such  authori-
   12  zation  and  power to acquire real property by condemnation or the right
   13  of eminent domain may not be exercised in connection with the  undertak-
   14  ing  of access facilities, other than the access facilities set forth in
   15  subdivision three of this section, unless authorized by the laws of  the
   16  state in which such facilities are to be located.
   17    4.  The port authority of New York and New Jersey is hereby authorized
   18  and empowered in its discretion to enter into an agreement or agreements
   19  upon such terms and conditions as it may deem in  the  public  interest,
   20  with  the United States, the state of New Jersey, the state of New York,
   21  or any agency, department, commission, public authority, board or  divi-
   22  sion of any of the foregoing, or any municipality or other public corpo-
   23  ration  in  the  state of New Jersey or in the state of New York, or any
   24  person, firm, association, company or corporation, or any two or more of
   25  the foregoing, to effectuate any one or more of  the  purposes  of  this
   26  article;  and  the  state  of  New Jersey, the state of New York, or any
   27  agency, department, commission, public authority, board or  division  of
   28  either of the foregoing, or any municipality or other public corporation
   29  in  the state of New Jersey or the state of New York, or any two or more
   30  of the foregoing, are hereby authorized and empowered to enter  into  an
   31  agreement or agreements with the port authority to effectuate any one or
   32  more of the purposes of this article.
   33    5.  If  any  section,  part,  phrase, or provision of this article, as
   34  hereby amended and  supplemented  or  the  application  thereof  to  any
   35  person,  project  or  circumstances, be adjudged invalid by any court of
   36  competent jurisdiction, such judgment shall be confined in its operation
   37  to the section, part, phrase, provision or application directly involved
   38  in the controversy in which such judgment shall have been  rendered  and
   39  shall not affect or impair the validity of the remainder of this article
   40  or  the  application thereof to other persons, projects or circumstances
   41  and the two states hereby declare that they would have entered into this
   42  article or the remainder thereof had the invalidity of such provision or
   43  application thereof been apparent.
   44                               ARTICLE XXVIII
   45               INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES
   46  Section 2801. Findings and determinations.
   47          2802. Definitions.
   48          2803. Industrial development projects and facilities.
   49    S 2801. Findings and determinations.  1. The states of  New  York  and
   50  New Jersey hereby find and determine:
   51    a.  that  to  prevent further deterioration of the economy of the port
   52  district and thereby to promote, preserve and protect trade and commerce
   53  in and through the port of New York district as defined in  the  compact
   54  between  the  two states dated April thirtieth, nineteen hundred twenty-
       A. 7413                            153
    1  one (hereinafter called the port district), it is the policy of each  of
    2  the  two  states  actively  to  promote,  attract, encourage and develop
    3  economically sound commerce and industry through governmental action;
    4    b.  that  in order to preserve and protect the position of the port of
    5  New York as the nation's leading  gateway  for  world  commerce,  it  is
    6  incumbent  on the states of New York and New Jersey to make every effort
    7  to insure that the port receives its rightful share  of  interstate  and
    8  international commerce generated by the manufacturing, industrial, trade
    9  and  commercial  segments  of  the economy of the nation and of the port
   10  district;
   11    c. that since nineteen hundred fifty the number of available  jobs  in
   12  the port district, particularly within the older central cities thereof,
   13  has  decreased,  thereby  resulting in the underutilization of available
   14  land and other resources, the erosion of the port district's  tax  bases
   15  and a rate of unemployment substantially in excess of the national aver-
   16  age;
   17    d.  that  in order to preserve the port district from further economic
   18  deterioration, adequate industrial development projects  and  facilities
   19  must  be provided, preserved and maintained to attract and retain indus-
   20  try within the port district;
   21    e. that a number of new industrial development projects and facilities
   22  should be organized into industrial parks or districts;
   23    f. that the construction of such industrial parks or  districts  shall
   24  conform  to  the  policies of the two states with respect to affirmative
   25  action and equal employment opportunities;
   26    g. that providing port district industrial  development  projects  and
   27  facilities is in the public interest and involves the exercise of public
   28  and  essential  governmental functions which may include appropriate and
   29  reasonable limitations on competition and which must be performed by the
   30  two states, or any municipality, public authority, agency or  commission
   31  of  either  state  and by a joint agency of the two states to accomplish
   32  the purposes of this article;
   33    h. that it is an objective of the two states, acting through the  port
   34  authority,  to  facilitate reemployment of residents of the older cities
   35  through job training programs and employment opportunity  priorities  in
   36  connection with industrial development parks in their respective cities;
   37    i. that the acquisition and the use by such joint agency of abandoned,
   38  undeveloped or underutilized land or land owned by governmental entities
   39  within  the  port  district for the generation of jobs and to reduce the
   40  hazards of unemployment would promote, preserve and protect  the  indus-
   41  try, trade and commerce of the port district, and will materially assist
   42  in preserving for the two states and the people thereof the material and
   43  other benefits of a prosperous port community;
   44    j.  that  the  collection,  disposal  and utilization of refuse, solid
   45  waste or waste resulting from other treatment processes is  an  activity
   46  of  concern  to  all citizens within the port district, that the health,
   47  safety and general welfare of the  citizens  within  the  port  district
   48  require  efficient  and  reasonable collection and disposal services and
   49  efficient utilization of such refuse, solid  waste  or  waste  resulting
   50  from  other  treatment  processes  with  adequate consideration given to
   51  regional  planning  and   coordination,   and,   therefore,   that   the
   52  construction  and  operation of any port district industrial development
   53  project and facility should conform to the environmental and solid waste
   54  disposal standards and state and county plans therefor in the  state  in
   55  which such project or facility is located;
       A. 7413                            154
    1    k.  that  the dedication by the municipalities of the port district of
    2  refuse, solid waste or waste resulting from other treatment processes to
    3  resource recovery to permit the generation of lower  priced  energy  and
    4  the  recovery  of useful materials, together with the commitment by such
    5  municipalities  to  pay  fees  to  permit the delivery and removal after
    6  processing of such refuse or solid waste at rates  and  for  periods  of
    7  time  at  least  sufficient  to  assure the continued furnishing of such
    8  lower priced energy and material is in the public interest and would  be
    9  a  major  incentive  for the attraction and retention of industry within
   10  the port district;
   11    l. that the port authority of New York  and  New  Jersey  (hereinafter
   12  called  the  port  authority), which was created by agreement of the two
   13  states as a joint agent for the development of terminal,  transportation
   14  and  other  facilities  of  commerce  of  the  port district and for the
   15  promotion and protection of the commerce of the port, is a proper agency
   16  to act in their behalf (either directly  or  by  any  subsidiary  corpo-
   17  ration)  to  finance and effectuate such industrial development projects
   18  and facilities;
   19    m. that it is desirable for the  port  authority,  after  consultation
   20  with  the governing body of each municipality and within the city of New
   21  York the appropriate community board or  boards  and  elsewhere  another
   22  government  entity  or entities designated by such municipality in which
   23  industrial development projects or facilities are proposed to be located
   24  and with other persons, including but not limited to private real estate
   25  developers, to prepare and adopt a master plan providing for the  devel-
   26  opment  of  such  industrial  development projects and facilities in the
   27  port district, which plan shall give  consideration  to  the  extent  of
   28  unemployment  and  the  general  economic  conditions  of the respective
   29  portions of the port district and shall include among other  things  the
   30  locations  and  the  nature and scope of such projects and facilities as
   31  may be included in the plan;
   32    n. that the undertaking of such industrial  development  projects  and
   33  facilities by the port authority has the single object of and is part of
   34  a  unified plan to aid in preserving the economic well-being of the port
   35  district and is found and determined to be in the public interest;
   36    o. that no such port  district  industrial  development  projects  and
   37  facilities  are to be constructed if the sole intent of the construction
   38  thereof would be the removal of an industrial or manufacturing plant  of
   39  an occupant of such projects and facilities from one location to another
   40  location  or  in  the abandonment of one or more plants or facilities of
   41  such occupant, unless such port district industrial development projects
   42  and facilities are reasonably necessary to discourage such occupant from
   43  removing such plant or facility to a location outside the port  district
   44  or are reasonably necessary to preserve the competitive position of such
   45  project occupant in its industry;
   46    p.  that  no  such  port  district  industrial development projects or
   47  facilities are to be constructed unless and until the port authority has
   48  entered into an agreement or agreements with the municipality  in  which
   49  any  such  project or facility is to be located with respect to payments
   50  in lieu of real estate taxes and the location, nature and scope  of  any
   51  project or facility;
   52    q.  that,  subject  to entering into said agreement or agreements, the
   53  port authority should have the ability to acquire, lease, vacate,  clear
   54  and  otherwise  develop abandoned, undeveloped or underutilized property
   55  or property owned by governmental entities within the port district  and
   56  to finance and construct industrial development projects and facilities.
       A. 7413                            155
    1    S  2802.    Definitions.  The  following terms as used in this article
    2  shall have the following meanings:
    3    a. "Bonds" shall mean bonds, notes, securities or other obligations or
    4  evidences of indebtedness;
    5    b.  "Effectuation"  of  any  project  or  facility or part of any such
    6  project or facility shall include but not be limited to  its  establish-
    7  ment,  acquisition,  construction,  development, maintenance, operation,
    8  improvement (by way of betterments, additions or otherwise) and rehabil-
    9  itation by the port authority or any other person and the  provision  of
   10  funds therefor through the issuance of obligations, the making or grant-
   11  ing of loans or otherwise;
   12    c.  "General  reserve fund statutes" shall mean chapter forty-eight of
   13  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
   14  continued  by  article XXX of this chapter, and chapter five of the laws
   15  of New Jersey of nineteen hundred thirty-one as  amended,  and  "general
   16  reserve  fund" shall mean the general reserve fund of the port authority
   17  authorized by said statutes;
   18    d. "Governing body" shall mean the  board  or  body  vested  with  the
   19  general  legislative  powers  of the municipality in which an industrial
   20  development project or facility will be financed or effectuated pursuant
   21  to this article;
   22    e. "Industrial development project  or  facility"  or  "port  district
   23  industrial  development  project  or facility" shall mean any equipment,
   24  improvement, structure or facility or any land, and any building, struc-
   25  ture, facility or other improvement thereon, or any combination thereof,
   26  and all real and personal property, located within the New York  portion
   27  of  the port district or within a municipality in the New Jersey portion
   28  of the port district which qualified for state aid under the  provisions
   29  of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or
   30  which may hereafter qualify for such aid, including, but not limited to,
   31  machinery,  equipment and other facilities deemed necessary or desirable
   32  in connection therewith, or incidental thereto, whether or  not  now  in
   33  existence  or  under construction, which shall be considered suitable by
   34  the port authority for manufacturing, research, non-retail commercial or
   35  industrial purposes within an industrial park, or for purposes of  ware-
   36  housing  or  consumer and supporting services directly related to any of
   37  the foregoing or to any other port authority project or facility;    and
   38  which may also include or be an industrial pollution control facility or
   39  a  resource recovery facility, provided that no such industrial develop-
   40  ment project or facility may include or be a facility used for the stor-
   41  age of chemicals, fuel or liquified natural gas unless incidental to the
   42  effectuation of such industrial development project or facility;
   43    f. "Industrial pollution control facility" shall mean  any  equipment,
   44  improvement, structure or facility or any land, and any building, struc-
   45  ture, facility or other improvement thereon, or any combination thereof,
   46  and  all  real  and personal property, located within the port district,
   47  including, but not limited to, machinery, equipment and other facilities
   48  deemed necessary or desirable in the opinion of the  port  authority  in
   49  connection  therewith,  or  incidental  thereto,  whether  or not now in
   50  existence or under construction, having to do with or the end purpose of
   51  which is the control, abatement or prevention  of  land,  sewer,  water,
   52  air,  noise  or general environmental pollution deriving from the opera-
   53  tion of industrial, manufacturing, warehousing, commercial and  research
   54  facilities,  including,  but  not  limited  to any air pollution control
   55  facility, noise abatement facility,  water  management  facility,  waste
   56  water  collecting  system, waste water treatment works, sewage treatment
       A. 7413                            156
    1  works system, sewage treatment system or solid waste  disposal  facility
    2  or site, provided that no such industrial pollution control facility may
    3  include  or  be used as a site for organic landfill or be of a character
    4  or  nature  generally  furnished  or  supplied by any other governmental
    5  entity where such industrial pollution control facility is located with-
    6  out the consent of such governmental entity;
    7    g. "Municipality" means a city, county, town or  village  all  or  any
    8  part  of  which  is  located  within  the  New  York portion of the port
    9  district, or a city, county, town, borough or township all or  any  part
   10  of which is located within the New Jersey portion of the port district;
   11    h.  "Person"  means any person, including individuals, firms, partner-
   12  ships, associations, societies,  trusts,  public  utilities,  public  or
   13  private  corporations,  or  other  legal  entities,  including public or
   14  governmental bodies, which may include the port authority,  as  well  as
   15  natural  persons.    "Person"  shall  include  the plural as well as the
   16  singular;
   17    i. "Port authority" shall include the port authority and  any  subsid-
   18  iary  corporation  now or hereafter incorporated for any of the purposes
   19  of this article; provided, however, as used in subdivisions 4 and  5  of
   20  section  2803  of  this article it shall not include any such subsidiary
   21  corporation;
   22    j. "Purposes of this article" shall mean the  effectuation  of  indus-
   23  trial development projects and facilities and of each project or facili-
   24  ty  constituting  a  portion thereof and of each part of each project or
   25  facility, and purposes incidental thereto;
   26    k. "Real property" shall mean lands, structures, franchises and inter-
   27  ests in land, including air space and air rights,  waters,  lands  under
   28  water,  wetlands  and riparian rights, and any and all things and rights
   29  included within the said term, and includes not only fees  simple  abso-
   30  lute but also any and all lesser interests, including but not limited to
   31  easements,  rights-of-way, uses, leases, licenses and all other incorpo-
   32  real hereditaments and every estate, interest or right, legal or equita-
   33  ble, including terms for years and liens thereon by  way  of  judgments,
   34  mortgages or otherwise;
   35    l. "Resource recovery facility" shall mean any equipment, improvement,
   36  structure or facility or any land, and any building, structure, facility
   37  or  other  improvement thereon, or any combination thereof, and all real
   38  and personal property located within the port district,  including,  but
   39  not  limited to, machinery, equipment and other facilities deemed neces-
   40  sary or desirable in the opinion of the  port  authority  in  connection
   41  therewith,  or  incidental  thereto,  whether or not now in existence or
   42  under construction, for the disposal of refuse or other solid wastes  or
   43  wastes resulting from other treatment processes and for the recovery and
   44  sale  or  use  of  energy  and other resources from such refuse or other
   45  solid  wastes  or  wastes  resulting  from  other  treatment  processes,
   46  provided  that no such resource recovery facility may include or be used
   47  as a site for organic landfill;
   48    m. "Surplus revenues" from any facility shall mean the balance of  the
   49  revenues  from  such facility (including but not limited to the revenues
   50  of any subsidiary corporation incorporated for any of  the  purposes  of
   51  this  article)  remaining at any time currently in the hands of the port
   52  authority after the deduction of the current expenses of  the  operation
   53  and  maintenance thereof, including a proportion of the general expenses
   54  of the port authority as it  shall  deem  properly  chargeable  thereto,
   55  which  general  expenses shall include but not be limited to the expense
   56  of protecting and promoting the commerce of the port district, and after
       A. 7413                            157
    1  the deduction of any amounts which the port authority may  or  shall  be
    2  obligated  or  may or shall have obligated itself to pay to or set aside
    3  out of the current revenues therefrom for the benefit of the holders  of
    4  any  bonds  legal  for investment as defined in the general reserve fund
    5  statutes;
    6    n. "Surplus revenues of port district industrial development  projects
    7  or  facilities" shall mean the surplus revenues of all industrial devel-
    8  opment projects or facilities effectuated pursuant to the terms of  this
    9  article.
   10    S  2803. Industrial development projects and facilities. 1.  In furth-
   11  erance of the findings and determinations detailed by  section  2801  of
   12  this article, in partial effectuation of and supplemental to the compre-
   13  hensive  plan heretofore adopted by the two said states for the develop-
   14  ment of the said port district,  and  subject  to  the  preparation  and
   15  adoption  of  the plan authorized in subdivision two of this section and
   16  the execution of an agreement or agreements authorized  by  subdivisions
   17  eleven  and twelve of this section, the port authority is hereby author-
   18  ized, empowered and directed to establish, acquire, construct,  effectu-
   19  ate,  develop,  own,  lease,  maintain,  operate, improve, rehabilitate,
   20  sell, transfer and mortgage projects or facilities herein referred to as
   21  port district industrial development projects or facilities, as  defined
   22  in this article.
   23    The  port  authority  is hereby authorized and empowered to establish,
   24  levy and collect such rentals, fares, fees and other charges as  it  may
   25  deem  necessary,  proper or desirable in connection with any facility or
   26  part of any facility constituting a portion of any port district  indus-
   27  trial  development project or facility and to issue bonds for any of the
   28  purposes of this article and to provide for payment thereof, with inter-
   29  est thereon, and for the amortization and retirement of such bonds,  and
   30  to  secure all or any portion of such bonds by a pledge of such rentals,
   31  fares, fees, charges and other revenues or any part  thereon  (including
   32  but  not  limited to the revenues of any subsidiary corporation incorpo-
   33  rated for any of the purposes of this article) and to secure all or  any
   34  portion  of such bonds by mortgages upon any property held or to be held
   35  by the port authority for any of the purposes of this article,  and  for
   36  any  of  the purposes of this article to exercise all appropriate powers
   37  heretofore or hereafter delegated to it by the states of  New  York  and
   38  New  Jersey, including, but not limited to, those expressly set forth in
   39  this article. The surplus revenues of port district industrial  develop-
   40  ment  projects or facilities may be pledged in whole or in part as here-
   41  inafter provided.
   42    2. The port authority is hereby authorized  to  initiate  studies  and
   43  prepare  and  adopt  a master plan providing for the development of port
   44  district industrial development  projects  and  facilities  which  shall
   45  include  the location of such projects and facilities as may be included
   46  in the plan and shall to the maximum extent  practicable  include  inter
   47  alia  a general description of each of such projects and facilities, the
   48  land use requirements  necessary  therefor,  and  estimates  of  project
   49  costs,  of  project employment potential and of a schedule for commence-
   50  ment of each such project.  Prior to adopting such master plan, the port
   51  authority shall give written notice to, afford a reasonable  opportunity
   52  for  comment,  consult  with and consider any recommendation made by the
   53  governing body of municipalities and within the city  of  New  York  the
   54  appropriate community board or boards and elsewhere another governmental
   55  entity  or  entities designated by such municipality in which industrial
   56  development projects or facilities are proposed to be located  and  with
       A. 7413                            158
    1  such  other  persons,  including  but not limited to private real estate
    2  developers, which in the opinion of the port authority is either  neces-
    3  sary  or desirable.   The master plan shall include the port authority's
    4  estimate  of the revenues to be derived by municipalities from each such
    5  industrial development project or facility and also a description of the
    6  proposed additional arrangements with municipalities necessary or desir-
    7  able for each such project or facility.  The port authority  may  modify
    8  or  change any part of such plan in the same form and manner as provided
    9  for the adoption of such original plan.  At the time the port  authority
   10  authorizes  any  industrial  development  project  or facility, the port
   11  authority shall include with such authorization a statement  as  to  the
   12  status  of  each  project included in such master plan and any amendment
   13  thereof.
   14    3. No industrial development project proposed to be located within the
   15  city of New York may be included in such master plan  unless  and  until
   16  the mayor of the city of New York requests the port authority to conduct
   17  a  comprehensive  study of the feasibility of the effectuation of one or
   18  more industrial development projects or  any  parts  thereof  (including
   19  resource  recovery  or  industrial pollution control facilities) in such
   20  city, which request shall specify the borough in which  such  comprehen-
   21  sive  study  is  to take place; provided, however, that the president of
   22  any borough in which an industrial development project  or  facility  is
   23  proposed  to  be  located  may within sixty days of receipt of notice of
   24  such request, and after consulting with and considering any  recommenda-
   25  tion  made  by  the  local  borough  improvement  board, notify the port
   26  authority not to include any proposed industrial development project  or
   27  facility within that county in such feasibility study.  Any such request
   28  by  the  mayor  of the city of New York may specify the facilities to be
   29  included in such industrial park project.
   30    4. The moneys in the general reserve fund may be pledged in  whole  or
   31  in  part  by  the port authority as security for or applied by it to the
   32  repayment with interest of any moneys which  it  may  raise  upon  bonds
   33  issued  or  incurred  by it from time to time for any of the purposes of
   34  this article or upon bonds secured in whole or in part by the pledge  of
   35  the  revenues from any industrial development project or facility or any
   36  portion thereof or upon bonds both so issued or incurred and so secured;
   37  and the moneys in said general reserve fund may be applied by  the  port
   38  authority  to  the  fulfillment  of  any other undertakings which it may
   39  assume to or for the benefit of the holders of any such bonds.
   40    Subject to prior liens and pledges (and to the obligation of the  port
   41  authority  to  apply  revenues to the maintenance of its general reserve
   42  fund in the amount prescribed by the general reserve fund statutes), the
   43  revenues from facilities established, constructed, acquired or otherwise
   44  effectuated through the issuance or sale of bonds of the port  authority
   45  secured  in  whole or in part by a pledge of its general reserve fund or
   46  any portion thereof may be pledged in whole or in part as  security  for
   47  or  applied  by it to any of the purposes of this article, including the
   48  repayment with interest of any moneys which  it  may  raise  upon  bonds
   49  issued  or  incurred  from  time to time for any of the purposes of this
   50  article or upon bonds secured in whole or in part by the pledge  of  the
   51  revenues  of  the port authority from any industrial development project
   52  or facility or any portion thereof or  upon  bonds  both  so  issued  or
   53  incurred  and  so secured;  and said revenues may be applied by the port
   54  authority to the fulfillment of any  other  undertakings  which  it  may
   55  assume to or for the benefit of the holders of such bonds.
       A. 7413                            159
    1    5. In all cases where the port authority has raised or shall hereafter
    2  raise  moneys  for  any of the purposes of this article by the issue and
    3  sale of bonds which are secured in whole or in part by a pledge  of  the
    4  general  reserve  fund or any portion thereof, the surplus revenues from
    5  industrial  development  projects  or facilities financed in whole or in
    6  part out of the proceeds of such bonds and the surplus revenues from any
    7  other port authority facility the surplus revenues of which at such time
    8  may be payable into the general reserve fund shall be pooled and applied
    9  by the port authority to the establishment and maintenance of the gener-
   10  al reserve fund in an amount equal to one-tenth of the par value of  all
   11  bonds legal for investment, as defined in the general reserve fund stat-
   12  utes,  issued by the port authority and currently outstanding, including
   13  such bonds issued for any of the purposes of this article;  and all such
   14  moneys in said general reserve fund may be pledged and  applied  in  the
   15  manner provided in the general reserve fund statutes.
   16    In the event that any time the balance of moneys theretofore paid into
   17  the  general  reserve  fund  and  not  applied therefrom shall exceed an
   18  amount equal to one-tenth of the par value of all bonds upon the princi-
   19  pal amount of which the amount of the general  reserve  fund  is  calcu-
   20  lated, by reason of the retirement of bonds issued or incurred from time
   21  to  time  for any of the purposes of this article the par value of which
   22  had theretofore been included in the computation of said amount  of  the
   23  general  reserve  fund, then the port authority may pledge or apply such
   24  excess for and only for the purposes for which it is authorized  by  the
   25  general  reserve  fund  statutes  to  pledge  the  moneys in the general
   26  reserve fund and such pledge may be made in advance  of  the  time  when
   27  such excess may occur.
   28    6.  The  two  states  covenant  and agree with each other and with the
   29  holders of any bonds issued by the port authority for  the  purposes  of
   30  this  article,  that so long as any of such bonds remain outstanding and
   31  unpaid and the holders thereof shall not have  given  their  consent  as
   32  provided  in their contract with the port authority, the two states will
   33  not diminish or impair the power of the  port  authority  to  establish,
   34  levy  and  collect  rentals,  fares, fees or other charges in connection
   35  with industrial development projects or facilities or any other facility
   36  owned or operated by the port authority the revenues of which have  been
   37  or  shall  be  pledged  in  whole  or in part as security for such bonds
   38  (directly or indirectly, or through the medium of  the  general  reserve
   39  fund  or otherwise), or to determine the quantity, quality, frequency or
   40  nature of any services provided by the port authority in connection with
   41  the operation of each project or facility.  This subdivision  shall  not
   42  affect or diminish the provisions of subdivision twelve of this section.
   43    7.  The  port authority is authorized and empowered to co-operate with
   44  the states of New York and New Jersey, with  any  municipality  thereof,
   45  with any person, with the federal government and with any agency, public
   46  authority or commission or any one or more of the foregoing, or with any
   47  one  or more of them, for and in connection with the acquisition, clear-
   48  ance, replanning, rehabilitation, reconstruction or redevelopment of any
   49  industrial development project or facility or of any other area  forming
   50  part  of  any industrial development project or facility for the purpose
   51  of renewal and improvement of said area and for any of the  purposes  of
   52  this  article,  and  to  enter into an agreement or agreements (and from
   53  time to time to enter into  agreements  amending  or  supplementing  the
   54  same)  with  any such person, municipality, commission, public authority
   55  or agency and with the states of New York and New Jersey  and  with  the
   56  federal  government, or with any one or more of them, for or relating to
       A. 7413                            160
    1  such purposes, including but not limited to agreements with  respect  to
    2  the  dedication  by  the  municipalities of the port district of refuse,
    3  solid waste  or  waste  resulting  from  other  treatment  processes  to
    4  resource  recovery  to  permit the generation of lower priced energy and
    5  the recovery of useful materials;  with respect to a commitment by  such
    6  municipalities  to  pay  fees  to  permit the delivery and removal after
    7  processing of such refuse or solid waste at rates  and  for  periods  of
    8  time  at  least  sufficient to assure the continued availability of such
    9  energy and recovered materials; with respect  to  financial  assistance,
   10  loans and grants pursuant to any federal law now in effect or hereinaft-
   11  er  enacted  which  would  provide  such financial assistance, loans and
   12  grants in connection with any of the purposes of this article, provided,
   13  that if either state shall have or adopt general  legislation  governing
   14  applications for such federal aid by municipalities, public authorities,
   15  agencies  or commissions of such state or the receipt or disbursement of
   16  such federal aid by or on behalf of such municipalities, public authori-
   17  ties, agencies or commissions, then such legislation shall at the option
   18  of such state apply to applications  by  the  port  authority  for  such
   19  federal  aid  in  connection  with  an industrial development project or
   20  facility located in such state and to the receipt  and  disbursement  of
   21  such  federal  aid  by  or  on behalf of the port authority, in the same
   22  manner and to the same extent as other municipalities,  public  authori-
   23  ties, agencies or commissions of such state;  and, with respect to occu-
   24  pancy  of  space in any industrial development project or facility.  The
   25  port authority is hereby authorized  and  empowered  to  apply  for  and
   26  accept  financial  assistance,  loans and grants for such purposes under
   27  federal, state or local laws, and to make application  directly  to  the
   28  proper  officials  or  agencies  for and receive federal, state or local
   29  loans or grants in aid of any of the purposes of this  article.  Nothing
   30  contained  in  this  article  shall  be construed to limit or impair the
   31  power of the governor of the state of New York and the governor  of  the
   32  state  of  New  Jersey to review the actions of the commissioners of the
   33  port authority as provided for in chapter seven hundred of the  laws  of
   34  New  York  of nineteen hundred twenty-seven, as amended and as continued
   35  by article V of this chapter, and in chapter three hundred  thirty-three
   36  of  the laws of New Jersey of nineteen hundred twenty-seven, as amended,
   37  or to authorize the port authority to commence the effectuation  of  any
   38  industrial  development project or facility unless and until the munici-
   39  pality in which such project or facility is to be located has  consented
   40  to  the  commencement  of  such  effectuation,  with  such consent to be
   41  provided for in the agreement authorized by subdivision 11  or  subdivi-
   42  sion  12 of this section. The port authority is authorized and empowered
   43  to enter into an agreement or agreements (and from time to time to enter
   44  into agreements amending or supplementing  the  same)  with  any  public
   45  authority,  agency or commission of either or both states to provide for
   46  the effectuation of any of  the  purposes  of  this  article  through  a
   47  subsidiary  corporation owned jointly by the port authority and any such
   48  public authority, agency or commission, and any such  public  authority,
   49  agency  or  commission  is  authorized  and empowered to enter into such
   50  agreement or agreements with the port authority.
   51    8. Notwithstanding any contrary provision of law, general, special  or
   52  local,  either  state  and  any municipality thereof and any commission,
   53  public authority or agency of either or  both  of  said  two  states  is
   54  authorized  and  empowered  to co-operate with the port authority and to
   55  enter into an agreement or agreements (and from time to  time  to  enter
   56  into  agreements  amending  or  supplementing  the  same)  with the port
       A. 7413                            161
    1  authority or with any other person for and in connection with or  relat-
    2  ing  to  the  acquisition, clearance, replanning, rehabilitation, recon-
    3  struction, redevelopment, sale, transfer or mortgage of  any  industrial
    4  development project or facility or of any other area forming part of any
    5  industrial  development  project  or facility for the purpose of renewal
    6  and improvement of said area as  aforesaid  or  for  any  of  the  other
    7  purposes of this article, including but not limited to the dedication by
    8  the  municipalities of the port district of refuse, solid waste or waste
    9  resulting from other treatment processes to resource recovery to  permit
   10  the generation of lower priced energy and the recovery of useful materi-
   11  als  and  a  commitment by such municipalities to pay fees to permit the
   12  delivery and removal after processing of such refuse or solid  waste  at
   13  rates  and for periods of time at least sufficient to assure the contin-
   14  ued availability of such  energy  and  recovered  materials,  upon  such
   15  reasonable  terms  and  conditions  as  may be determined by such state,
   16  municipality, public  authority,  agency  or  commission  and  the  port
   17  authority.    Such agreement may, without limiting the generality of the
   18  foregoing, further include consent to the use by the port  authority  or
   19  any  other  person  of any real property owned or to be acquired by said
   20  state, municipality, public authority, agency or commission and  consent
   21  to  the  use  by  such  state, municipality, public authority, agency or
   22  commission of any real property owned or to  be  acquired  by  the  port
   23  authority  or  by  any  other  person which in either case is necessary,
   24  convenient or desirable in the opinion of the port authority for any  of
   25  the  purposes of this article, including such real property, improved or
   26  unimproved, as has already been devoted to or  has  been  or  is  to  be
   27  acquired  for  urban  renewal or other public use, and as an incident to
   28  such consent such  state,  municipality,  public  authority,  agency  or
   29  commission  may grant, convey, lease or otherwise transfer any such real
   30  property to the port authority or to  any  other  person  and  the  port
   31  authority  may  grant, convey, lease or otherwise transfer any such real
   32  property to such state, municipality, public authority, agency,  commis-
   33  sion  or  any other person for such term and upon such conditions as may
   34  be agreed upon.  If real property of such  state,  municipality,  public
   35  authority,  agency  or  commission be leased to the port authority or to
   36  any other person for any of the purposes of this  article,  such  state,
   37  municipality,  public authority, agency or commission may consent to the
   38  port authority or any other person having the right to mortgage the  fee
   39  of such property and thus enable the port authority or such other person
   40  to  give  as  security  for  its  bond or bonds a lien upon the land and
   41  improvements, but such state, municipality, public authority, agency  or
   42  commission  by consenting to the execution by the port authority or such
   43  other person of a mortgage upon the leased property  shall  not  thereby
   44  assume  and  such  consent  shall not be construed as imposing upon such
   45  state, municipality, public authority, agency or commission any  liabil-
   46  ity  upon the bond or bonds secured by the mortgage.  In connection with
   47  any of the purposes of this article, either state and  any  municipality
   48  thereof, any commission, public authority or agency of either or both of
   49  said  two  states, the port authority and any other person are empowered
   50  to enter into any other agreement or agreements (and from time  to  time
   51  to  enter  into  agreements  amending  or  supplementing same) which may
   52  provide inter alia for the establishment of prices or rates, a  require-
   53  ment  that  any  person sell, lease or purchase any commodity or service
   54  from any other person, or any other similar arrangement.
   55    Nothing contained in this subdivision shall  impair  or  diminish  the
   56  powers  vested in either state or in any municipality, public authority,
       A. 7413                            162
    1  agency or commission to acquire, clear, replan,  reconstruct,  rehabili-
    2  tate  or  redevelop abandoned, undeveloped or underutilized land and the
    3  powers herein granted  to  either  state  or  any  municipality,  public
    4  authority,  agency  or commission shall be construed to be in aid of and
    5  not in limitation or in derogation of  any  such  powers  heretofore  or
    6  hereafter  conferred upon or granted to such state, municipality, public
    7  authority, agency or commission.
    8    Nothing contained in this article shall be construed to authorize  the
    9  port  authority to acquire, by condemnation or the exercise of the right
   10  of eminent domain, property now or hereafter vested in or held by either
   11  state or by any municipality, public  authority,  agency  or  commission
   12  without  the  authority  or  consent by such state, municipality, public
   13  authority, agency or commission, provided that  the  state  under  whose
   14  laws  such  public  authority, agency or commission has been created may
   15  authorize by appropriate legislation the port authority to  acquire  any
   16  such  property vested in or held by any such public authority, agency or
   17  commission by condemnation or the  exercise  of  the  right  of  eminent
   18  domain  without  such  authority or consent;   nor shall anything herein
   19  impair or invalidate in any way any bonded indebtedness of either  state
   20  or  any  such  municipality, public authority, agency or commission, nor
   21  impair the provisions of law regulating the payment into  sinking  funds
   22  of  revenues  derived  from  such  property,  or dedicating the revenues
   23  derived from such property to a specific purpose.
   24    The port authority, subject to the express authority or consent of any
   25  such state, municipality, public authority,  agency  or  commission,  is
   26  hereby  authorized and empowered to acquire from any such state or muni-
   27  cipality, or from any  other  public  authority,  agency  or  commission
   28  having  jurisdiction  in  the premises, by agreement therewith, and such
   29  state or municipality, public authority, agency or commission,  notwith-
   30  standing  any  contrary  provision  of  law,  is  hereby  authorized and
   31  empowered to grant and convey, upon reasonable terms and conditions, any
   32  real property which may be necessary, convenient or desirable for any of
   33  the purposes of this  article,  including  such  real  property  as  has
   34  already been devoted to a public use.
   35    Notwithstanding  any inconsistent provision of this section or article
   36  or any compact or general or special law, the  port  authority  may  not
   37  acquire any park lands for industrial development projects or facilities
   38  unless  each  such conveyance of such land is specifically authorized by
   39  the legislature of the state wherein the land is located.
   40    Any consent by a municipality shall be given and the terms, conditions
   41  and execution by a municipality of any agreement, deed,  lease,  convey-
   42  ance  or  other  instrument  pursuant  to  this subdivision or any other
   43  subdivision of this section shall be authorized in the  manner  provided
   44  in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
   45  hundred twenty-one between the two states creating the  port  authority,
   46  except  that as to towns in the state of New York, such consent shall be
   47  authorized in the manner provided in the town law and as to counties  in
   48  the  state of New Jersey, such consent shall be authorized in the manner
   49  provided in New Jersey statutes annotated, forty: one-one, et  seq.  Any
   50  consent  by  either state shall be effective if given, and the terms and
   51  conditions and execution of any agreement, deed,  lease,  conveyance  or
   52  other  instrument  pursuant to this section or any other section of this
   53  article shall be effective if authorized by the governor of such  state.
   54  Any  consent by a public authority, agency or commission shall be effec-
   55  tive if given by such public authority, agency or commission.
       A. 7413                            163
    1    9. The states of New York and New  Jersey  hereby  consent  to  suits,
    2  actions  or proceedings by any municipality, public authority, agency or
    3  commission against the port authority upon, in connection with or  aris-
    4  ing out of any agreement, or any amendment thereof, entered into for any
    5  of the purposes of this article, as follows:
    6    a.  for judgments, orders or decrees restraining or enjoining the port
    7  authority from transferring title to real property to other  persons  in
    8  cases  where  it  has  agreed  with said municipality, public authority,
    9  agency, or commission for transfer of such title  to  the  municipality,
   10  public authority, agency or commission;  and
   11    b.  for judgments, orders or decrees restraining or enjoining the port
   12  authority from committing or continuing to commit other breaches of such
   13  agreement or any amendment thereof;  provided, that such judgment, order
   14  or decree shall not be entered  except  upon  two  days'  prior  written
   15  notice  to  the  port  authority  of  the  proposed entry thereof;   and
   16  provided further that upon appeal taken by the port authority from  such
   17  judgment,  order  or  decree  the  service of the notice of appeal shall
   18  perfect the appeal and stay the execution of  such  judgment,  order  or
   19  decree appealed from without an undertaking or other security.
   20    Nothing  herein contained shall be deemed to revoke, rescind or affect
   21  any consent to suits, actions, or proceedings against the port authority
   22  heretofore given by the two said states in chapter three hundred one  of
   23  the  laws of New York of nineteen hundred fifty and continued by article
   24  XV of this chapter, and chapter two hundred four  of  the  laws  of  New
   25  Jersey of nineteen hundred fifty-one.
   26    10.  The effectuation of industrial development projects or facilities
   27  of any such projects or facilities constituting a portion of any  indus-
   28  trial  development  project or facility, are and will be in all respects
   29  for the benefit of the people of the states of New York and New  Jersey,
   30  for  the  increase of their commerce and prosperity and for the improve-
   31  ment of their health and living conditions;  and the port authority  and
   32  any  subsidiary corporation incorporated for any of the purposes of this
   33  article shall be regarded as performing an essential governmental  func-
   34  tion  in  undertaking  the effectuation thereof, and in carrying out the
   35  provisions of law relating thereto.
   36    11. The port authority shall be required to pay no  taxes  or  assess-
   37  ments  upon  any  of the property acquired and used by it for any of the
   38  purposes of this article or upon any deed, mortgage or other  instrument
   39  affecting  such  property  or upon the recording of any such instrument.
   40  However, to the end that no taxing jurisdiction shall suffer undue  loss
   41  of  taxes  and assessments by reason of the acquisition and ownership of
   42  property by the port authority for any of the purposes of this  article,
   43  the   port   authority  is  hereby  authorized  and  empowered,  in  its
   44  discretion, to enter into a voluntary agreement or agreements  with  any
   45  city,  town,  township or village whereby the port authority will under-
   46  take to pay in lieu of taxes a fair and reasonable sum, if any, or  sums
   47  annually  in connection with any real property acquired and owned by the
   48  port authority for any of the purposes of this article  and  to  provide
   49  for  the  payment  as a rental or additional rental charge by any person
   50  occupying any portion of any industrial development project or  facility
   51  either as lessee, vendee or otherwise of such reasonable sum, if any, or
   52  sums  as  hereinafter  provided.   Such sums in connection with any real
   53  property acquired and owned  by  the  port  authority  for  any  of  the
   54  purposes  of  this  article  shall not be more than the sum last paid as
   55  taxes upon such real property prior to the time of  its  acquisition  by
   56  the  port  authority;    provided,  however, that in connection with any
       A. 7413                            164
    1  portion of any industrial development  project  or  facility,  which  is
    2  owned  by the port authority or another governmental entity and improved
    3  pursuant to this article  with  buildings,  structures  or  improvements
    4  greater  in  value  than  the  buildings,  structures or improvements in
    5  existence at the time of its acquisition, development or improvement  by
    6  the port authority, any person occupying such portion of such industrial
    7  development  project  or  facility either as lessee, vendee or otherwise
    8  shall, as long as title thereto shall remain in the port authority or in
    9  another governmental entity, pay as a rental or additional rental charge
   10  an amount in lieu of taxes, if any, not in excess of the taxes  on  such
   11  improvements and on personal property, including water and sewer service
   12  charges  or  assessments,  which such person would have been required to
   13  pay had it been the owner of such property during the period  for  which
   14  such  payment is made;  provided further, however, that neither the port
   15  authority nor any of its projects,  facilities,  properties,  monies  or
   16  bonds  and  notes  shall  be obligated, liable or subject to lien of any
   17  kind whatsoever for the  enforcement,  collection  or  payment  thereof.
   18  Each  such  city,  town,  township  or  village is hereby authorized and
   19  empowered to enter into such  agreement  or  agreements  with  the  port
   20  authority which agreement or agreements may also include provisions with
   21  respect  to  the joint review of categories of tenants proposed as occu-
   22  pants for industrial development projects or facilities with the cities,
   23  towns, townships or villages in which they are proposed to  be  located,
   24  and to accept the payment or payments which the port authority is hereby
   25  authorized and empowered to make or which are paid by a person occupying
   26  any  such  portion of such industrial development project or facility as
   27  rental or as additional rental  in  lieu  of  taxes,  and  the  sums  so
   28  received  by  such  city,  town, township or village shall be devoted to
   29  purposes to which taxes may be applied in all affected taxing  jurisdic-
   30  tions  unless  and until otherwise directed by law of the state in which
   31  such city, town, township or village is located. At least ten days prior
   32  to the authorization by the port authority of any agreement provided for
   33  in this subdivision, the port authority shall notify the chief executive
   34  officer of each city in the port district  within  which  an  industrial
   35  development  project  or  facility  has been included in the master plan
   36  provided for in subdivision two of this section of the proposed authori-
   37  zation of such agreement, shall seek their comments  and  shall  include
   38  with  such authorization any comments received from such city.  The port
   39  authority shall not sell or lease substantially  all  of  an  industrial
   40  development  project or facility to a proposed purchaser or lessee with-
   41  out the prior approval by the municipality wherein the project or facil-
   42  ity is located of such purchaser or lessee.
   43    12. Except as otherwise specifically  provided,  all  details  of  the
   44  effectuation,  including  but not limited to details of financing, leas-
   45  ing, rentals, fees and other charges, rates, contracts and  service,  of
   46  industrial  development  projects  or  facilities  by the port authority
   47  shall be within its sole discretion and its decision in connection  with
   48  any and all matters concerning industrial development projects or facil-
   49  ities   shall   be  controlling  and  conclusive;    provided  that  the
   50  construction and operation of any such project or facility shall conform
   51  to the environmental and solid waste disposal standards  and  any  state
   52  and county plans therefor in the state in which such project or facility
   53  is located.  At least ninety days prior to the authorization by the port
   54  authority  of  the first contract for the construction of any industrial
   55  development project or facility, the port authority  shall  transmit  to
   56  the  governor  of  the  state in which such project or facility is to be
       A. 7413                            165
    1  located a statement as to the conformance of such industrial development
    2  project or facility with such environmental  and  solid  waste  disposal
    3  standards  and  any  state  and county plans therefor, and shall consult
    4  with  such  governor  or  his  designee with respect thereto.   The port
    5  authority and the city, town, township or village in  which  any  indus-
    6  trial  development  project  or  facility is to be located and for whose
    7  benefit such project or facility is undertaken are hereby authorized and
    8  empowered to enter into an agreement  or  agreements  to  provide  which
    9  local  laws,  resolutions, ordinances, rules and regulations, if any, of
   10  such city, town, township or village affecting any  industrial  develop-
   11  ment  project  or facility shall apply to such project or facility.  All
   12  other existing local laws, resolutions, ordinances or  rules  and  regu-
   13  lations  not  provided for in such agreement shall be applicable to such
   14  industrial development projects or facilities.   All  such  local  laws,
   15  resolutions,  ordinances or rules and regulations enacted after the date
   16  of such agreement or agreements shall not be applicable to such projects
   17  or facilities unless made applicable by such agreement or agreements  or
   18  any modification or modifications thereto.
   19    So  long  as  any  facility  constituting  a portion of any industrial
   20  development project or facility shall be owned, controlled  or  operated
   21  by  the port authority, no public authority, agency, commission or muni-
   22  cipality of either or both of the two  states  shall  have  jurisdiction
   23  over such project or facility nor shall any such public authority, agen-
   24  cy,  commission  or municipality have any jurisdiction over the terms or
   25  method of effectuation of all or any portion thereof by the port author-
   26  ity including but not limited to the transfer  of  all  or  any  portion
   27  thereof  to  or  by  the  port  authority;   provided, however, the port
   28  authority is authorized and empowered to submit to the jurisdiction over
   29  such project or facility of either state or any  department  thereof  or
   30  any  such  public authority, agency, commission or municipality when the
   31  exercise of such jurisdiction is necessary  for  the  administration  or
   32  implementation  of  federal environmental or solid waste disposal legis-
   33  lation by either state.
   34    Nothing in this article shall be deemed to prevent the port  authority
   35  from  establishing, acquiring, owning, leasing, constructing, effectuat-
   36  ing,  developing,  maintaining,  operating,  rehabilitating,  improving,
   37  selling, transferring or mortgaging all or any portion of any industrial
   38  development  project  or facility through wholly owned subsidiary corpo-
   39  rations of the port authority or subsidiary corporations  owned  by  the
   40  port  authority  jointly with any public authority, agency or commission
   41  of either or both of the two states or from transferring to or from  any
   42  such corporations any moneys, real property or other property for any of
   43  the  purposes  of  this article.   If the port authority shall determine
   44  from time to time to form such a subsidiary corporation it shall  do  so
   45  by  executing and filing with the secretary of state of the State of New
   46  York and the secretary of state of the State of New Jersey a certificate
   47  of incorporation, which may be amended from  time  to  time  by  similar
   48  filing,  which  shall set forth the name of such subsidiary corporation,
   49  its duration, the location of its principal  office,  any  joint  owners
   50  thereof,  and  the  purposes  of the incorporation which shall be one or
   51  more of  the  purposes  of  establishing,  acquiring,  owning,  leasing,
   52  constructing, effectuating, developing, maintaining, operating, rehabil-
   53  itating,  improving,  selling,  transferring  or  mortgaging  all or any
   54  portion of any industrial development project or facility.   The  direc-
   55  tors  of  such  subsidiary corporation shall be the same persons holding
   56  the offices of commissioners of the port authority together with persons
       A. 7413                            166
    1  representing any joint owner thereof as provided for in the agreement in
    2  connection with the incorporation thereof.  Such subsidiary  corporation
    3  shall  have  all  the powers vested in the port authority itself for the
    4  purposes  of  this  article  except  that it shall not have the power to
    5  contract indebtedness.  Such subsidiary corporation and any of its prop-
    6  erty, functions and activities shall have all of the privileges, immuni-
    7  ties, tax exemptions and other exemptions of the port authority  and  of
    8  the  port  authority's property, functions and activities.  Such subsid-
    9  iary corporation shall be subject to the restrictions and limitations to
   10  which the port authority may be subject, including, but not  limited  to
   11  the  requirement  that  no  action  taken at any meeting of the board of
   12  directors of such subsidiary corporation  shall  have  force  or  effect
   13  until  the governors of the two states shall have an opportunity, in the
   14  same manner and within the same time as now or hereafter provided by law
   15  for approval or veto of actions taken at any meeting of the port author-
   16  ity itself, to approve or veto such action.  Such subsidiary corporation
   17  shall be subject to suit in accordance with  subdivision  nine  of  this
   18  section  and  chapter three hundred one of the laws of New York of nine-
   19  teen hundred fifty and continued by article  XV  of  this  chapter,  and
   20  chapter  two  hundred four of the laws of New Jersey of nineteen hundred
   21  fifty-one as if such subsidiary  corporation  were  the  port  authority
   22  itself.    Such  subsidiary  corporation may be a participating employer
   23  under the New York retirement and social security law or any similar law
   24  of either state and the employees of any  such  subsidiary  corporation,
   25  except  those who are also employees of the port authority, shall not be
   26  deemed employees of the port authority.
   27    Whenever any state, municipality, commission, public authority,  agen-
   28  cy,  officer,  department, board or division is authorized and empowered
   29  for any of the purposes of this article to  co-operate  and  enter  into
   30  agreements  with  the port authority or to grant any consent to the port
   31  authority or to grant, convey, lease or otherwise transfer any  property
   32  to  the  port  authority or to execute any document, such state, munici-
   33  pality, commission, public authority, agency, officer, department, board
   34  or division shall have the same authorization and power for any of  such
   35  purposes  to  co-operate  and enter into agreements with such subsidiary
   36  corporation and to grant consents to such subsidiary corporation and  to
   37  grant,  convey,  lease or otherwise transfer property to such subsidiary
   38  corporation and to execute documents for such subsidiary corporation.
   39    13. The bonds issued by the port authority to provide funds for any of
   40  the purposes of this article are hereby made  securities  in  which  all
   41  state and municipal officers and bodies of both states, all trust compa-
   42  nies  and  banks other than savings banks, all building and loan associ-
   43  ations, savings and loan associations, investment  companies  and  other
   44  persons  carrying on a commercial banking business, all insurance compa-
   45  nies, insurance associations and other persons carrying on an  insurance
   46  business,  and  all  administrators,  executors, guardians, trustees and
   47  other fiduciaries, and all other persons whatsoever (other than  savings
   48  banks),  who  are  now or may hereafter be authorized by either state to
   49  invest in bonds of such state,  may  properly  and  legally  invest  any
   50  funds, including capital, belonging to them or within their control, and
   51  said  bonds are hereby made securities which may properly and legally be
   52  deposited with and shall be received by any state or  municipal  officer
   53  or agency of either state for any purpose for which the deposit of bonds
   54  of  such  state is now or may hereafter be authorized.  The bonds issued
   55  by the port authority to provide funds for any of the purposes  of  this
   56  article  as  security for which the general reserve fund shall have been
       A. 7413                            167
    1  pledged in whole or in part are hereby  made  securities  in  which  all
    2  savings  banks  also may properly and legally invest any funds including
    3  capital, belonging to them or within their control.
    4    14.  Subsequent  to  and  subject to the execution of the agreement or
    5  agreements authorized by subdivisions eleven and twelve of this  section
    6  the  projects  and facilities and at the locations specified therein, if
    7  the port authority shall find it necessary, convenient or  desirable  to
    8  acquire  from  time to time any real property or any property other than
    9  real property (including but not limited to contract  rights  and  other
   10  tangible  or  intangible  personal property), for any of the purposes of
   11  this act whether  for  immediate  or  future  use  (including  temporary
   12  construction,  rehabilitation  or  improvement),  the port authority may
   13  find and determine that such property, whether a fee simple absolute  or
   14  a  lesser interest, is required for a public use, and upon such determi-
   15  nation the said property shall be and shall be deemed to be required for
   16  such public use until otherwise determined by the  port  authority,  and
   17  such  determination shall not be affected by the fact that such property
   18  has theretofore been taken for and is then devoted to a public use;  but
   19  the public use in the hands of or under the control of the port authori-
   20  ty shall be deemed superior to the public use in the hands of any  other
   21  person, association or corporation.
   22    The  port authority may acquire and is hereby authorized so to acquire
   23  from time to time, for any of the purposes of this article, such proper-
   24  ty, whether a fee simple absolute or a lesser  estate,  by  condemnation
   25  (including the exercise of the right of eminent domain) under and pursu-
   26  ant  to  the provisions of the eminent domain procedure law of the state
   27  of New York in the case of property located in or having  its  situs  in
   28  such  state,  and  chapter  three  hundred  sixty-one of the laws of New
   29  Jersey of nineteen hundred seventy-one, in the case of property  located
   30  in  or  having  its  situs  in such state, or, at the option of the port
   31  authority, as provided in section fifteen of chapter forty-three of  the
   32  laws  of  New Jersey of nineteen hundred forty-seven, as amended, in the
   33  case of property located in or having its situs in such state, or pursu-
   34  ant to such other and alternate procedure as may be provided by  law  of
   35  the state in which such property is located or has its situs; and all of
   36  said statutes for the acquisition of real property shall, for any of the
   37  purposes  of  this  article, be applied also to the acquisition of other
   38  property authorized by this subdivision, except that such provisions  as
   39  pertain  to  surveys,  diagrams, maps, plans or profiles, assessed valu-
   40  ation, lis pendens, service of notice and papers, filing in  the  office
   41  of  the  clerk  in which the real property affected is situated and such
   42  other provisions as by their nature cannot  be  applicable  to  property
   43  other  than real property, shall not be applicable to the acquisition of
   44  such other property. In the event that  any  property  other  than  real
   45  property  is acquired for any of the purposes of this article under this
   46  section then, with respect  to  such  other  property,  notice  of  such
   47  proceeding and all subsequent notices or court processes shall be served
   48  upon  the  owners  of such other property and upon the port authority by
   49  personal service or by registered or certified mail, except  as  may  be
   50  otherwise directed by the court.
   51    The  port  authority  is  hereby  authorized  and  empowered,  in  its
   52  discretion, from time to time to combine any property  which  is  to  be
   53  acquired  as  aforesaid  by condemnation for any of the purposes of this
   54  article for acquisition in a single action or proceeding notwithstanding
   55  that part of the property so to be  acquired  is  personal  property  or
   56  mixed real and personal property or may be owned by more than one owner.
       A. 7413                            168
    1    The  owner of any property acquired by condemnation or the exercise of
    2  the right of eminent domain for any of the purposes of  this  act  shall
    3  not  be  awarded  for such property any increment above the just compen-
    4  sation required by the constitutions of the United  States  and  of  the
    5  state  or  states  in  which the property is located or has its situs by
    6  reason of any circumstances whatsoever.
    7    Nothing herein contained  shall  be  construed  to  prevent  the  port
    8  authority  from  bringing  any proceedings to remove a cloud on title or
    9  such other proceedings as it may, in its  discretion,  deem  proper  and
   10  necessary,  or  from  acquiring  any  such  property  by  negotiation or
   11  purchase.
   12    Where a person entitled to an award in the proceedings for the  acqui-
   13  sition  of  property  by condemnation or the right of eminent domain for
   14  any of the purposes of this article remains in possession of such  prop-
   15  erty  after  the time of the vesting of title in the port authority, the
   16  reasonable value of this use and occupancy of such  property  subsequent
   17  to  such time, as fixed by agreement or by the court in such proceedings
   18  or by any court of competent jurisdiction, shall be a lien against  such
   19  award,  subject  only  to  liens of record at the time of the vesting of
   20  title in the port authority.
   21    15. The port authority and its duly authorized agents, and all persons
   22  acting under its authority and  by  its  direction,  may  enter  in  the
   23  daytime  into  and upon any real property for the purpose of making such
   24  surveys, diagrams, maps, plans, soundings or borings as the port author-
   25  ity may deem necessary, convenient or desirable for any of the  purposes
   26  of this article.
   27    16. Any declarations contained herein with respect to the governmental
   28  nature  and  public  purpose  of  any  industrial development project or
   29  facility and to the exemption of any industrial development  project  or
   30  facility  property and instruments relating thereto from taxation and to
   31  the discretion of the port authority with respect to  said  projects  or
   32  facilities  shall  not  be  construed to imply that other port authority
   33  facilities, property and operations are not of a governmental nature  or
   34  do  not  serve public purposes, or that they are subject to taxation, or
   35  that the determinations of the port authority with respect  thereto  are
   36  not  conclusive.   The powers hereby vested in the port authority and in
   37  any subsidiary corporation incorporated for any of the purposes of  this
   38  act  (including but not limited to the power to acquire real property by
   39  condemnation or the exercise of the right of eminent  domain)  shall  be
   40  continuing  powers  and  no  exercise thereof by the port authority or a
   41  subsidiary corporation incorporated for any  of  the  purposes  of  this
   42  article shall be deemed to exhaust them or any of them.
   43    17.  This subdivision and the preceding subdivisions hereof constitute
   44  an agreement between the states of New York and New Jersey supplementary
   45  to the compact between the two states dated  April  thirtieth,  nineteen
   46  hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
   47  construed to effectuate the purposes of said compact and of the  compre-
   48  hensive plan heretofore adopted by the two states, and the powers grant-
   49  ed  to  the port authority shall be construed to be in aid of and not in
   50  limitation or in derogation of any other  powers,  heretofore  conferred
   51  upon or granted to the port authority.
   52    18.  If any section, part, phrase, or provision of this article or the
   53  application thereof to any person or circumstances be  adjudged  invalid
   54  by  any  court  of  competent  jurisdiction,  so  long as the section or
   55  remainder of the article shall nonetheless permit the effectuation, as a
   56  unified project, of any industrial development project or facility, such
       A. 7413                            169
    1  judgment shall be confined  in  its  operation  to  the  section,  part,
    2  phrase, provision or application directly involved in the controversy in
    3  which  such  judgment  shall  have been rendered and shall not affect or
    4  impair  the  validity  of  the  remainder of this act or the application
    5  thereof to other persons or circumstances  and  the  two  states  hereby
    6  declare  that they would have entered into this article or the remainder
    7  thereof had the invalidity of such provision or application thereof been
    8  apparent.
    9    19. A copy of the minutes of any action taken at any  meeting  of  the
   10  port authority in connection with any modification, addition or deletion
   11  in  or  to  any  or  all of the covenants with or pledges to bondholders
   12  contained in a resolution authorizing the issuance of consolidated bonds
   13  of the port authority from such covenants or pledges set  forth  in  the
   14  immediately  preceding  resolution of the port authority authorizing the
   15  issuance of such bonds shall be filed with the temporary  president  and
   16  minority leader of the senate and the speaker and minority leader of the
   17  assembly  of  the  state of New York and the secretary of the senate and
   18  clerk of the general assembly of the state  of  New  Jersey  within  ten
   19  calendar  days  prior  to  transmitting the same to the governor of each
   20  state for review if the legislature of such state be in session and  not
   21  adjourned  for more than two days, and, in the event the legislatures of
   22  the respective states are not in session or are adjourned for more  than
   23  two  days,  the  same  shall be filed with such officers thirty calendar
   24  days prior to transmitting the same to the governor of  each  state  for
   25  review.  Notice of such filing shall be provided to the governor of each
   26  state at the same time.
   27    The  temporary  president  and  minority  leader of the senate and the
   28  speaker and minority leader of the assembly of the state of New York and
   29  the speaker of the general assembly and the president of the  senate  of
   30  the  state of New Jersey, or their representatives designated by them in
   31  writing for this purpose, may by certificate filed with the secretary of
   32  the port authority waive the foregoing filing requirement  with  respect
   33  to any specific minutes.
   34    20.  The  port  authority  shall file with the temporary president and
   35  minority leader of the senate, the speaker and minority  leader  of  the
   36  assembly,  the chairman of the assembly ways and means committee and the
   37  chairman of the senate finance committee of the state of  New  York  and
   38  the  president,  minority  leader  and  secretary  of the senate and the
   39  speaker and minority leader and clerk of the  general  assembly  of  the
   40  state  of  New  Jersey  a copy of the minutes of any action taken at any
   41  public meeting of the port authority  in  connection  with  any  of  the
   42  purposes of this article.  Such filing shall be made at least ten calen-
   43  dar  days  before  such  minutes are transmitted to the governor of each
   44  state for review;  and notice of such filing shall be  provided  to  the
   45  governor of each state at the same time.
   46    The temporary president and minority leader of the senate, the speaker
   47  and  minority  leader of the assembly, the chairman of the assembly ways
   48  and means committee and the chairman of the senate finance committee  of
   49  the state of New York and the speaker and minority leader of the general
   50  assembly  and the president and the minority leader of the senate of the
   51  state of New Jersey, or their  representatives  designated  by  them  in
   52  writing for this purpose, may by certificate filed with the secretary of
   53  the  port  authority waive the foregoing filing requirement with respect
   54  to any specific minutes.
   55    21. The comptroller of the state of New York and the treasurer of  the
   56  state  of New Jersey may each from time to time request a special report
       A. 7413                            170
    1  with such information as each such  officer  may  require  with  respect
    2  thereto  from  the  port authority with respect to any or all industrial
    3  development projects or facilities.
    4                                ARTICLE XXIX
    5                             BUS TRANSPORTATION
    6  Section 2901. Findings and determinations.
    7          2902. Definitions.
    8          2903. Bus transportation.
    9    S  2901.  Findings and determinations.  The states of New York and New
   10  Jersey hereby find and determine that:
   11    1. The efficient, economical and  convenient  mass  transportation  of
   12  persons  to, from and within the port district as defined in the compact
   13  between the two states dated April thirtieth, nineteen  hundred  twenty-
   14  one  is  vital and essential to the preservation and economic well being
   15  of the northern New Jersey-New York metropolitan area;
   16    2. In order to deter the economic deterioration of  the  northern  New
   17  Jersey-New  York  metropolitan  area  adequate  facilities  for the mass
   18  transportation of persons must be provided and buses are and will remain
   19  of extreme importance in such transportation;
   20    3. The provision of mass transportation including  bus  transportation
   21  in  urban  areas has become financially burdensome and may result in the
   22  additional curtailment of significant portions of this essential  public
   23  service;
   24    4.  The  economic viability of the existing facilities operated by the
   25  port authority is dependent upon the effective and efficient functioning
   26  of the transportation network of the northern New Jersey-New York metro-
   27  politan area and access to and proper utilization of such port authority
   28  facilities would be adversely affected if users  of  bus  transportation
   29  were to find such transportation unavailable or significantly curtailed;
   30    5.  Buses serving regional bus routes and feeder bus routes and ancil-
   31  lary bus facilities constitute an essential part of  the  mass  commuter
   32  facilities of the port district;
   33    6.  The continued availability of bus transportation requires substan-
   34  tial replacement of and additions to the number of  buses  presently  in
   35  use in the northern New Jersey-New York metropolitan area;
   36    7. The port authority which was created by agreement of the two states
   37  as  their joint agent for the development of transportation and terminal
   38  facilities and other facilities of commerce of the port district and for
   39  the promotion and protection of the commerce of their port, is a  proper
   40  agency  to  provide  such  buses  to  each  of  the  two states and such
   41  provision of buses by the port authority  is  in  the  interest  of  the
   42  continued  viability  of the facilities of the port authority, and is in
   43  the public interest;
   44    8. The operation of the facilities of the  port  authority,  including
   45  but not limited to the port authority bus terminal at forty-first street
   46  and  eighth  avenue in New York county in the city and state of New York
   47  and the extension  thereto  currently  under  construction  (hereinafter
   48  called the "bus terminal"), the George Washington bridge bus station and
   49  the  provision  of  buses  and ancillary bus facilities pursuant to this
   50  article involve the exercise of public and essential governmental  func-
   51  tions  which  must  be  performed by the two states or any municipality,
   52  public authority, agency, or commission of either or both states;
   53    9. The revision to the port authority bridge and tunnel toll schedules
   54  which  was  effective  May  fifth,  nineteen  hundred  seventy-five,  is
       A. 7413                            171
    1  expected  to  result in additional revenues to the port authority suffi-
    2  cient to support the financing  with  consolidated  bonds  of  the  port
    3  authority  of  approximately  four hundred million dollars for passenger
    4  mass  transportation  capital  projects  (hereinafter  called "passenger
    5  facilities"), approximately one hundred sixty  million  dollars  thereof
    6  being allocated to the extension to the bus terminal, with the remaining
    7  two  hundred  forty  million dollars to be allocated on the basis of one
    8  hundred twenty million dollars in each state for  passenger  facilities,
    9  including  but not limited to the acquisition, development and financing
   10  of buses and related facilities, as determined by each  such  state  and
   11  the  port  authority  acting  pursuant  to legislative authorization and
   12  commitments to the holders of port authority obligations; and
   13    10. The port authority's function as a  regional  agency  of  the  two
   14  states  makes it appropriate that line-haul regional bus route passenger
   15  facilities be equipped pursuant to this article with buses and ancillary
   16  bus facilities and that the need for development and equipment  of  such
   17  routes be satisfied on a priority basis.
   18    S 2902. Definitions.  For the purpose of this article:
   19    1.  "Ancillary bus facilities" shall mean any facilities useful in the
   20  provision of service for line-haul regional or feeder bus routes includ-
   21  ing but not limited to (a) fare collection,  communication,  signal  and
   22  identification  equipment,  (b) equipment to aid in the provision of bus
   23  service to the elderly and  handicapped,  (c)  maintenance,  repair  and
   24  storage facilities and equipment, and (d) bus stations for use primarily
   25  by  passengers  traveling  between  New  York and New Jersey; automobile
   26  parking lots for use by  people  who  transfer  to  buses  on  line-haul
   27  regional  bus  routes or feeder bus routes; and shelters at roadside bus
   28  stops to afford waiting bus passengers protection from precipitation and
   29  wind;
   30    2. "Buses" shall mean vehicles containing seats  for  twelve  or  more
   31  passengers which are designed for and regularly used in scheduled common
   32  carrier  passenger  mass transportation service on streets, highways and
   33  exclusive busways and which  are  not  designed  or  used  for  railroad
   34  purposes;
   35    3.  "Consolidated  bonds"  shall  mean consolidated bonds of the issue
   36  established by the resolution of the  port  authority,  adopted  October
   37  ninth, nineteen hundred fifty-two;
   38    4.  "Develop" shall mean plan, design, construct, improve or rehabili-
   39  tate;
   40    5. "Feeder bus routes" shall mean those bus routes entirely within the
   41  regional bus area which connect within the port district with a bus stop
   42  on a line-haul regional bus route, a  passenger  ferry,  or  a  railroad
   43  station;
   44    6.  "Line-haul  regional  bus  routes" shall mean bus routes which are
   45  entirely within the regional bus area and  which  extend  from  a  point
   46  outside  the  county  in which the bus terminal is located to a point in
   47  such county;
   48    7. "Municipality" shall mean a county, city, borough,  village,  town,
   49  township,  or  other  similar  political  subdivision of New York or New
   50  Jersey;
   51    8. "Person" shall mean any person, including individuals, firms, part-
   52  nerships, associations, societies, trusts, public utilities,  public  or
   53  private  corporations,  or  other  legal  entities,  including public or
   54  governmental bodies, which may include the port authority,  as  well  as
   55  natural persons;
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    1    9.  "Railroad station" shall mean a stop on a rail or subway system at
    2  which passengers embark or disembark; and
    3    10. "Regional bus area" shall mean that area in the states of New York
    4  and  New  Jersey which lies within a radius of seventy-five miles of the
    5  bus terminal.
    6    S 2903. Bus transportation. 1.  The port authority is  authorized  and
    7  empowered to acquire, develop, finance, and transfer buses and ancillary
    8  bus  facilities  for  the  purpose  of leasing, selling, transferring or
    9  otherwise disposing of such buses and ancillary bus facilities  only  to
   10  the  state  of  New  York  and  the state of New Jersey or to any public
   11  authority, agency, commission, city or county thereof and designated  by
   12  such  state  (hereinafter  called  the "lessee"). Such buses may be used
   13  only on line-haul regional bus routes or on feeder bus routes  and  such
   14  ancillary  bus  facilities shall be developed for and used in connection
   15  with buses which travel on line-haul regional bus routes or  feeder  bus
   16  routes;  provided,  however, that (a) such buses may be used for charter
   17  bus trips which originate in the regional bus  area,  which  take  place
   18  when  such  buses  are  not needed for service on line-haul regional bus
   19  routes or feeder bus  routes,  and  which  comply  with  all  applicable
   20  requirements  including  but  not limited to those of the port authority
   21  and the lessee; and (b) provided that fare collection, communication and
   22  identification equipment and maintenance, repair and storage  facilities
   23  and  equipment  acquired  pursuant  to  this  act  may  be  utilized  in
   24  connection with bus service which is not on line-haul regional or feeder
   25  bus routes to the extent that such utilization  shall  comply  with  all
   26  applicable  requirements  including but not limited to those of the port
   27  authority and the lessee. Ancillary bus facilities which are not located
   28  on buses or which are not otherwise intended to be moved from  place  to
   29  place shall be located only within the port district.
   30    2.  Any  such  lease, sale, transfer or other disposition of buses and
   31  ancillary bus facilities shall be on such terms and conditions,  includ-
   32  ing  consideration,  consistent  with this article as the port authority
   33  shall deem in the public interest and which shall be acceptable  to  the
   34  port authority and the lessee. Notwithstanding any contrary provision of
   35  law,  general,  special or local, part of the consideration for any such
   36  lease or transfer shall consist of an agreement by the lessee  to  main-
   37  tain  and  use  such  buses  and ancillary bus facilities, or cause such
   38  buses and ancillary bus facilities to be maintained and used  by  others
   39  under  agreement  with the lessee, in the effective and efficient trans-
   40  portation of passengers in accordance with this act and the port author-
   41  ity may accept such agreement in lieu of  any  other  consideration  for
   42  such  lease  or transfer. The lessee shall be responsible for the proper
   43  operation, maintenance, repair and use of the buses  and  ancillary  bus
   44  facilities  and the port authority shall not be liable in any respect by
   45  reason of the ownership, development, operation, maintenance, repair  or
   46  use  of  such  buses and ancillary bus facilities. Anything contained in
   47  this article to the contrary notwithstanding, development of such  buses
   48  and ancillary bus facilities and introduction into service of such buses
   49  shall be subject to the approval of the lessee.
   50    3.  The  two  states  covenant  and agree with each other and with the
   51  holders of the present and future obligations of the port authority that
   52  (a) the lessee of buses or ancillary bus facilities leased,  transferred
   53  or  otherwise  disposed of pursuant to this article shall be required to
   54  defend and to provide for indemnification, subject to appropriations  or
   55  other  funds  which are or become legally available for this purpose, of
   56  the port authority against any liability of whatsoever form or nature as
       A. 7413                            173
    1  may be imposed upon the port  authority  by  reason  of  the  ownership,
    2  development,  operation,  maintenance,  repair or use thereof or arising
    3  otherwise out of the port authority's interest therein; (b)  the  lessee
    4  shall be required to provide for and be responsible for the proper oper-
    5  ation,  maintenance,  repair,  and  use  of such buses and ancillary bus
    6  facilities leased, transferred or otherwise disposed of pursuant to this
    7  article and the port authority shall have no responsibility as  to  such
    8  operation,  maintenance,  repair  or use; and (c) neither the states nor
    9  the port authority will apply to  any  purpose  in  connection  with  or
   10  relating  to  the  operation,  maintenance, repair or use of such bus or
   11  ancillary bus facilities leased, transferred or  otherwise  disposed  of
   12  pursuant  to  this  article,  other than purposes in connection with the
   13  utilization of other port authority facilities by such buses and passen-
   14  ger information purposes, any of the rentals, tolls, fares, fees, charg-
   15  es, revenues, reserves or other funds of the port authority  which  have
   16  been or shall be pledged in whole or in part as security for obligations
   17  as  security  for which there may be or shall be pledged, in whole or in
   18  part the general reserve fund of the port authority.
   19    4. Any capital expenditures by the port authority for buses and ancil-
   20  lary bus  facilities  to  be  leased,  sold,  transferred  or  otherwise
   21  disposed  of pursuant to this article shall be made with the proceeds of
   22  consolidated bonds of the port authority, which may be issued to finance
   23  such capital expenditures, and such capital expenditures shall be a part
   24  of and shall not exceed the allocations for passenger facilities  to  be
   25  made from time to time as determined in accordance with subdivision nine
   26  of section twenty-nine hundred one of this article.
   27    5.  The  port  authority is authorized and empowered to cooperate with
   28  the states of New York and New Jersey, with  any  municipality  thereof,
   29  with  the federal government and any public authority, agency or commis-
   30  sion of the foregoing or with any one or more of them or with any  other
   31  person  to  the extent that it finds it necessary and desirable to do so
   32  in connection with the  acquisition,  development,  financing,  leasing,
   33  sale,  transfer  or other disposition of buses and ancillary bus facili-
   34  ties and to enter into an agreement or agreements (and from time to time
   35  to enter into agreements amending or supplementing the same)  with  said
   36  states,  municipalities,  federal  government, public authorities, agen-
   37  cies, commissions and persons or with any one or more  of  them  for  or
   38  relating to such purposes.
   39    6.  Notwithstanding any contrary provision of law, general, special or
   40  local, either state or any municipality, public  authority,  agency,  or
   41  commission  of  either or both of said two states or any other person is
   42  authorized and empowered to cooperate with the  port  authority  and  to
   43  enter  into  an  agreement or agreements (and from time to time to enter
   44  into agreements amending  or  supplementing  the  same)  with  the  port
   45  authority  including  but  not limited to the agreements with respect to
   46  buses and ancillary bus  facilities  leased,  transferred  or  otherwise
   47  disposed  of  pursuant  to  this article, upon such reasonable terms and
   48  conditions as determined by such state, municipality, public  authority,
   49  agency, commission or person and the port authority.
   50    7.  Any consent by a municipality shall be given and the terms, condi-
   51  tions and execution by a municipality of  any  agreement,  deed,  lease,
   52  conveyance or other instrument pursuant to this subdivision or any other
   53  subdivision  of  this section shall be authorized in the manner provided
   54  in article twenty-two  of  the  compact  of  April  thirtieth,  nineteen
   55  hundred  twenty-one  between the two states creating the port authority,
   56  except that as to towns in the state of New York, such consent shall  be
       A. 7413                            174
    1  authorized  in the manner provided in the town law and as to counties in
    2  the state of New Jersey, such consent shall be authorized in the  manner
    3  provided  in  New  Jersey  statutes annotated, title forty: chapter one,
    4  section  one,  et  seq. The terms and conditions and execution by either
    5  state of  any  agreement,  consent,  designation,  determination,  deed,
    6  lease,  conveyance  or  other instrument pursuant to this subdivision or
    7  any other subdivision of this section shall be effective  if  authorized
    8  by the governor of such state. The powers herein granted to either state
    9  or  any  municipality,  public  authority, agency or commission shall be
   10  construed to be in aid of and not in limitation or in derogation of  any
   11  such  powers  heretofore  or hereafter conferred upon or granted to such
   12  state, municipality, public authority, agency or commission. Any consent
   13  by a public authority, agency or commission shall be effective if  given
   14  by such public authority, agency or commission.
   15    8. The port authority shall be required to pay no taxes or assessments
   16  upon  any  of the property, real or personal, acquired or used by it for
   17  any purpose of this article or upon any lease, deed, mortgage  or  other
   18  instrument  affecting such property or upon the recording of any instru-
   19  ment made in connection with the  acquisition,  development,  financing,
   20  lease, sale, transfer or other disposition or use of such property.
   21    9.  The port authority shall not be subject to the jurisdiction of any
   22  municipality, public authority, agency or commission of either  or  both
   23  of  the  two  states  in  connection  with the acquisition, development,
   24  financing, lease, sale, transfer or other disposition of  buses,  ancil-
   25  lary bus facilities or otherwise in connection with the purposes of this
   26  article.
   27    10.  The  acquisition, development, financing, leasing, sale, transfer
   28  or other disposition by the port authority of buses  and  ancillary  bus
   29  facilities  in  accordance  with  this  article  are  and will be in all
   30  respects for the benefit of the people of the said two states,  for  the
   31  increase  of  their  commerce  and prosperity and for the improvement of
   32  their health, safety and living conditions and shall  be  deemed  to  be
   33  public  purposes; and the port authority shall be regarded as performing
   34  an essential governmental  function  in  undertaking  such  acquisition,
   35  development,  financing, leasing, sale, transfer or other disposition or
   36  otherwise carrying out the provisions of this article.
   37    11. Any declarations contained herein with respect to the governmental
   38  nature and public purposes of the facilities authorized by this  article
   39  and to the exemption of such facilities and instruments relating thereto
   40  from  taxation  and to the discretion of the port authority with respect
   41  to said facilities shall not be  construed  to  imply  that  other  port
   42  authority  facilities, property and operations are not of a governmental
   43  nature or do not serve public purposes, or  that  they  are  subject  to
   44  taxation,  or that the determinations of the port authority with respect
   45  thereto are not conclusive.
   46    12. This subdivision and the preceding subdivisions hereof  constitute
   47  an agreement between the states of New York and New Jersey supplementary
   48  to  the  compact  between the two states dated April thirtieth, nineteen
   49  hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
   50  construed  to effectuate the purposes of said compact and of the compre-
   51  hensive plan heretofore adopted by the two states, and the powers grant-
   52  ed to the port authority shall be construed to be in aid of and  not  in
   53  limitation  or  in  derogation  of any other powers heretofore conferred
   54  upon or granted to the port authority.
       A. 7413                            175
    1                                 ARTICLE XXX
    2                            GENERAL RESERVE FUND
    3  Section 3001. Definitions.
    4          3002. Establishment of general reserve fund.
    5          3003. Effective date.
    6    S 3001. Definitions. As used in this article:
    7    (a)  "Port  authority" means the port of New York authority created by
    8  the compact of April thirtieth, nineteen hundred twenty-one, between the
    9  states of New York and New Jersey and continued by  article  I  of  this
   10  chapter.
   11    (b)  "Bonds  legal for investment" means bonds or other obligations or
   12  securities of the port authority, in which savings banks in both of  the
   13  two  said  states are now or may hereafter be authorized to invest funds
   14  within their control.
   15    (c) "Terminal and/or transportation facilities" means terminal  and/or
   16  transportation  facilities  as used in the said compact of April thirti-
   17  eth, nineteen hundred twenty-one, and as defined in subdivisions  eleven
   18  and twelve of section one hundred four of this chapter.
   19    (d)  "Surplus  revenues" means, in the case of each terminal or trans-
   20  portation facility, the balance of the revenues therefrom  remaining  at
   21  any  time  currently  in  the  hands  of  the  port  authority after the
   22  deduction of the current expenses of the operation and maintenance ther-
   23  eof, including a proper proportion of the general expenses of  the  port
   24  authority, and after the deduction of any amounts which the port author-
   25  ity  may  or shall be obligated or may or shall have obligated itself to
   26  pay or to set aside out of the current revenues therefrom for the  bene-
   27  fit  of  the  holders  of  any bonds legal for investment, and after the
   28  deduction of any amounts currently due to the two said states on account
   29  of any advances made by the two said states to the port authority in aid
   30  of the effectuation of such terminal or transportation facility.
   31    S 3002. Establishment of general reserve fund.  In all cases where the
   32  port authority has raised or shall hereafter raise moneys for the estab-
   33  lishment, acquisition, construction or effectuation of  terminal  and/or
   34  transportation  facilities  by  the  issue  and  sale of bonds legal for
   35  investment, as herein defined and limited, the surplus revenues received
   36  by or accruing to the port authority from  or  in  connection  with  the
   37  operation  of  such  terminal  and/or transportation facilities built in
   38  whole or in part by the proceeds of the sale  of  such  bonds  shall  be
   39  pooled  and  applied  by  it  to  the establishment and maintenance of a
   40  general reserve fund in an amount equal to one-tenth (1/10) of  the  par
   41  value  of all bonds legal for investment, as herein defined and limited,
   42  issued by the port authority and currently outstanding.  The  moneys  in
   43  the  said general reserve fund may be pledged in whole or in part by the
   44  port authority as security for or applied by it to  the  repayment  with
   45  interest  of  any moneys which it has raised or may hereafter raise upon
   46  any bonds, legal or investment, as herein defined and limited, and  made
   47  and issued by it for any of its lawful purposes; and the said moneys may
   48  be  applied by the port authority to the fulfillment of any other under-
   49  takings which it has assumed or may or shall hereafter assume to or  for
   50  the benefit of the holders of any of such bonds.
   51    Any  surplus  revenues  not required for the establishment and mainte-
   52  nance of the aforesaid general reserve  fund  shall  be  used  for  such
   53  purposes as may hereafter be directed by the two said states.
       A. 7413                            176
    1    S 3003. Effective date. This article shall take effect upon the enact-
    2  ment  into law by the state of New Jersey of legislation having an iden-
    3  tical effect with this act, but if the State of New Jersey  has  already
    4  enacted such legislation, this act shall take effect immediately.
    5    S  31.  Chapter  40-A  of  the consolidated laws constituting the port
    6  authority of New York and New Jersey created by section thirty  of  this
    7  act  shall  be  deemed for all purposes to be a continuation of the port
    8  authority of New York and New Jersey as it was  constituted  immediately
    9  preceding the effective date of this act and shall not be construed as a
   10  newly  created authority.   All unexpended balances of appropriations of
   11  monies heretobefore made or allocated to the port authority of New  York
   12  and  New  Jersey as such authority was constituted immediately preceding
   13  the effective date of this act, whether obligated  or  unobligated,  are
   14  hereby  transferred  to  and made available to the port authority of New
   15  York and New Jersey as created in section  thirty  of  this  act.    All
   16  rules,  regulations,  orders,  determinations, and decisions of the port
   17  authority of New York and New Jersey, as it was constituted  immediately
   18  preceding  the  effective date of this act, shall continue in full force
   19  and effect as rules, regulations, orders, determinations  and  decisions
   20  of  the  port  authority  of  New York and New Jersey created by section
   21  thirty of this act.
   22    S 32. Severability clause. If any clause, sentence, paragraph,  subdi-
   23  vision,  section  or  part of this act shall be adjudged by any court of
   24  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   25  impair,  or  invalidate  the remainder thereof, but shall be confined in
   26  its operation to the clause, sentence, paragraph,  subdivision,  section
   27  or part thereof directly involved in the controversy in which such judg-
   28  ment shall have been rendered. It is hereby declared to be the intent of
   29  the  legislature  that  this  act  would  have been enacted even if such
   30  invalid provisions had not been included herein.
   31    S 33. This act shall take effect upon the enactment into  law  by  the
   32  state  of New Jersey of legislation having an identical effect with this
   33  act, but if the state of New Jersey  shall  have  already  enacted  such
   34  legislation  this act shall take effect immediately. The chairman of the
   35  port authority shall notify the  legislative  bill  drafting  commission
   36  upon  the  enactment into law of such legislation by both such states in
   37  order that the commission may maintain an accurate and timely  effective
   38  data  base  of the official text of the laws of the state of New York in
   39  furtherance of effecting the provision of section 44 of the  legislative
   40  law and section 70-b of the public officers law.