S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3353
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2015
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities 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
         vehicular  crossings operated by the port authority; to repeal chapter
         206 of the laws of 1951 relating to traffic regulations  for  air  and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06925-02-5
       S. 3353                             2
         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.
   20    S  10.  Chapter 163 of the laws of 1945 relating to motor truck termi-
   21  nals is REPEALED.
       S. 3353                             3
    1    S 11. Chapter 352 of the laws of 1946 relating to monies for  prelimi-
    2  nary  studies  upon the interstate vehicular bridges known as the Outer-
    3  bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
    4    S  12.  Chapter  443 of the laws of 1946 relating to the financing and
    5  effectuating of a motor bus terminal by the port authority is REPEALED.
    6    S 13. Chapter 631 of the laws of 1947 relating to the  development  of
    7  marine terminals by the port authority is REPEALED.
    8    S 14. Chapter 802 of the laws of 1947 relating to the financing of air
    9  terminals by the port authority is REPEALED.
   10    S 15. Chapter 819 of the laws of 1947 relating to the port authority's
   11  ability to exercise the right of eminent domain is REPEALED.
   12    S  16.  Chapter  301 of the laws of 1950 relating to suits against the
   13  port authority is REPEALED.
   14    S 17. Chapter 774 of the laws of 1950 relating to the rules and  regu-
   15  lations  governing  traffic  on vehicular crossings operated by the port
   16  authority is REPEALED.
   17    S 18. Chapter 206 of the laws of 1951, relating to traffic regulations
   18  for air and marine terminals, is REPEALED.
   19    S 19. Chapter 207 of the laws  of  1951,  relating  to  penalties  for
   20  violation of rules and regulations, is REPEALED.
   21    S 20. Chapter 142 of the laws of 1953, relating to smoking regulations
   22  for air and marine terminals, is REPEALED.
   23    S  21. Chapter 143 of the laws of 1953, relating to suits on leases at
   24  International Airport, is REPEALED.
   25    S 22. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
   26  is REPEALED.
   27    S 23. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
   28  connections, is REPEALED.
   29    S 24. Chapter 638 of the laws  of  1959,  relating  to  the  purchase,
   30  financing  and  rental of commuter railroad cars by the port of New York
   31  authority and agreeing with the state of New Jersey with respect  there-
   32  to, is REPEALED.
   33    S  25.  Chapter 209 of the laws of 1962, relating to the financing and
   34  effectuation by the port of New York authority  of  a  port  development
   35  project, consisting of the Hudson tubes, the Hudson tubes extensions and
   36  a world trade center, is REPEALED.
   37    S 26. Chapter 665 of the laws of 1964, relating to the operation with-
   38  in the state of New York of the Hudson tubes and the Hudson tubes exten-
   39  sions, is REPEALED.
   40    S  27.  Chapter 474 of the laws of 1971, relating to the authorization
   41  of the port of New York authority to provide access by mass  transporta-
   42  tion facilities to air terminals, is REPEALED.
   43    S 28. Chapter 651 of the laws of 1978, relating to the further coordi-
   44  nation,  facilitation,  promotion,  preservation and protection of trade
   45  and commerce in and through the port of New York  district  through  the
   46  financing and effectuation of industrial development projects therein by
   47  the  port  authority  of  New York and New Jersey, and agreeing with the
   48  state of New Jersey with respect thereto, is REPEALED.
   49    S 29. Chapter 12 of the laws of 1979,  relating  to  the  acquisition,
   50  development,  financing  and transfer of buses and related facilities by
   51  the port authority of New York and New Jersey and the utilization there-
   52  of, is REPEALED.
   53    S 30. Chapter 40-A of the  consolidated  laws  is  added  to  read  as
   54  follows:
   55                    CHAPTER 40-A OF THE CONSOLIDATED LAWS
   56                  PORT AUTHORITY OF NEW YORK AND NEW JERSEY
       S. 3353                             4
    1                                  ARTICLE I
    2                             GENERAL PROVISIONS
    3  Section 101.   Short title.
    4          102.   Legislative intent.
    5          103.   Explanation of order of provisions.
    6          104.   Definitions.
    7          105.   Port authority of New York and New Jersey.
    8          106.   Port of New York district.
    9          107.   Commissioners.
   10          108.   Power of the port authority.
   11          109.   Public meetings.
   12          110.   Minutes of public meetings.
   13          111.   Jurisdiction.
   14          112.   Powers of municipalities to develop or improve.
   15          113.   Comprehensive development.
   16          114.   Recommendations.
   17          115.   Expense of operations.
   18          115-a. Records of the port authority.
   19          115-b. Port authority as an agency.
   20          116.   Notice of claim.
   21          117.   Regulations.
   22    S  101.  Short  title. This chapter shall be known and may be cited as
   23  the "port authority of New York and New Jersey act".
   24    S 102. Legislative intent.   William R. Willcox,  Eugenius  H.  Outer-
   25  bridge  and Murray Hulbert, or any two of them, commissioners heretofore
   26  appointed under chapter four hundred and twenty-six of the laws of nine-
   27  teen hundred and seventeen of the state of New York, together  with  the
   28  attorney-general  of  the  state  of  New York, are hereby authorized as
   29  commissioners upon the part of the state of New York to enter into, with
   30  the state of New Jersey, by and through the commissioners  appointed  or
   31  who  may  be appointed under or by virtue of a law of the legislature of
   32  the state of New Jersey, an agreement or compact in the form  following,
   33  that is to say:
   34    Whereas,  In  the  year eighteen hundred and thirty-four the states of
   35  New York and New Jersey did enter into an agreement fixing and determin-
   36  ing the rights and obligations of the two states in and about the waters
   37  between the two states, especially in and about the bay of New York  and
   38  the Hudson river; and
   39    Whereas,  Since  that  time  the  commerce of the port of New York has
   40  greatly developed and increased and the territory in and around the port
   41  has become commercially one center or district; and
   42    Whereas, It is confidently believed that a better co-ordination of the
   43  terminal, transportation and other facilities of commerce in, about  and
   44  through the port of New York, will result in great economies, benefiting
   45  the nation, as well as the states of New York and New Jersey; and
   46    Whereas,  The  future development of such terminal, transportation and
   47  other facilities of commerce will require the expenditure of large  sums
   48  of  money and the cordial co-operation of the states of New York and New
   49  Jersey in the encouragement of the investment of  capital,  and  in  the
   50  formulation and execution of the necessary physical plans; and
   51    Whereas, Such result can best be accomplished through the co-operation
   52  of the two states by and through a joint or common agency.
   53    Now,  therefore, the said states of New Jersey and New York do supple-
   54  ment and amend the existing agreement of eighteen  hundred  and  thirty-
   55  four in the following respects.
       S. 3353                             5
    1    They  agree to and pledge, each to the other, faithful co-operation in
    2  the future planning and development of the port of New York, holding  in
    3  high  trust  for  the  benefit  of  the nation the special blessings and
    4  natural advantages thereof.
    5    S  103.  Explanation of order of provisions. In this port authority of
    6  New York and New  Jersey  act,  the  provisions  have  been  divided  in
    7  descending order of application, with illustrations, as follows:
    8    Article I
    9    Section 101
   10    Subdivision 1.
   11    Paragraph (a)
   12    Subparagraph (1)
   13    Item (i)
   14    Clause A.
   15    Subitem (I)
   16    S  104.  Definitions.    The  following terms shall have the following
   17  meanings unless otherwise provided:
   18    1. "Board" means the board of commissioners of the port  authority  of
   19  New York and New Jersey.
   20    2. "Consent, approval or recommendation of municipality" means wherev-
   21  er  the  consent,  approval  or  recommendation  of  a "municipality" is
   22  required, the word "municipality" shall be taken to include any city  or
   23  incorporated  village  within  the port district, and in addition in the
   24  state of New Jersey any borough,  town,  township  or  any  municipality
   25  governed by an improvement commission within the district. Such consent,
   26  approval  or recommendation whenever required in the case of the city of
   27  New York shall be deemed to have been given or made whenever  the  board
   28  of  estimate  and  apportionment  of  said  city  or  any body hereafter
   29  succeeding to its duties shall by a  majority  vote  pass  a  resolution
   30  expressing  such consent, approval or recommendation; and in the case of
   31  any municipality now or hereafter governed by a commission, whenever the
   32  commission thereof shall by majority vote pass such a resolution; and in
   33  all other cases whenever the body authorized to grant consent to the use
   34  of the streets or highways of such municipality shall by a majority vote
   35  pass such a resolution.
   36    3. "Facility" shall include all works, buildings,  structures,  appli-
   37  ances   and  appurtenances  necessary  and  convenient  for  the  proper
   38  construction, equipment, maintenance and operation of such  facility  or
   39  facilities or any one or more of them.
   40    4. "To lease" shall include to rent or to hire.
   41    5.  "Meeting"  means  any  gathering, whether corporeal or by means of
   42  communication equipment, which is attended by, or open  to,  the  board,
   43  held  with  the  intent,  on  the  part of the board members present, to
   44  discuss or act as a unit  upon  the  specific  public  business  of  the
   45  authority. "Meeting" does not mean a gathering (a) attended by less than
   46  an  effective  majority  of the board, or (b) attended by or open to all
   47  the members of three or more similar public bodies at  a  convention  or
   48  similar gathering.
   49    6.  "Personal  property"  shall include choses in action and all other
   50  property now commonly or legally defined as personal property  or  which
   51  may hereafter be so defined.
   52    7.  "Public  business" means matters which relate in any way, directly
   53  or indirectly, to the performance of the functions of the port authority
   54  of New York and New Jersey or the conduct of its business.
   55    8. "Railroads" shall include railways,  extensions  thereof,  tunnels,
   56  subways,  bridges,  elevated structures, tracks, poles, wires, conduits,
       S. 3353                             6
    1  power houses, substations, lines for the  transmission  of  power,  car-
    2  barns,   shops,   yards,  sidings,  turn-outs,  switches,  stations  and
    3  approaches thereto, cars and motive equipment.
    4    9. "Real property" shall include land under water, as well as uplands,
    5  and all property either now commonly or legally defined as real property
    6  or which may hereafter be so defined.
    7    10. "Rule or regulation", until and unless otherwise determined by the
    8  legislatures  of  both  states,  shall  mean  any rule or regulation not
    9  inconsistent with the constitution of the United  States  or  of  either
   10  state,  and,  subject  to the exercise of the power of congress, for the
   11  improvement of  the  conduct  of  navigation  and  commerce  within  the
   12  district,  and  shall  include charges, rates, rentals or tolls fixed or
   13  established by the port authority; and  until  otherwise  determined  as
   14  aforesaid,  shall  not  include  matters  relating  to  harbor  or river
   15  pollution. Wherever action by the legislature of either state is  herein
   16  referred  to,  it  shall  mean an act of the legislature duly adopted in
   17  accordance with the provisions of this chapter.
   18    11. "Transportation facility" shall include railroads, steam or  elec-
   19  tric, motor truck or other street or highway vehicles, tunnels, bridges,
   20  boats,  ferries, car-floats, lighters, tugs, floating elevators, barges,
   21  scows or harbor craft  of  any  kind,  air  craft  suitable  for  harbor
   22  service,  and  every kind of transportation facility now in use or here-
   23  after designed for use for the transportation or carriage of persons  or
   24  property.
   25    12.  "Terminal facility" shall include wharves, piers, slips, ferries,
   26  docks, dry docks,  bulkheads,  dock-walls,  basins,  car-floats,  float-
   27  bridges,  grain  or  other  storage elevators, warehouses, cold storage,
   28  tracks, yards, sheds, switches, connections,  overhead  appliances,  and
   29  every  kind  of  terminal  or  storage  facility now in use or hereafter
   30  designed for use for the handling,  storage,  loading  or  unloading  of
   31  freight at steamship, railroad or freight terminals.
   32    S  105.  Port  authority  of New York and New Jersey.  There is hereby
   33  continued "the port authority of New York and New Jersey" ("port author-
   34  ity"), which shall be a body corporate and politic,  having  the  powers
   35  and  jurisdiction  hereinafter enumerated, and such other and additional
   36  powers as shall be conferred upon it by the legislature of either  state
   37  concurred  in  by  the  legislature  of  the other, or by act or acts of
   38  congress, as hereinafter provided.
   39    S 106. Port of New York district.  To that end the two states do agree
   40  that there shall be created and they do hereby create a district  to  be
   41  known  as  the  "port  of New York district" (hereinafter referred to as
   42  "the district") which shall embrace the territory bounded and  described
   43  as follows:
   44    The district is included within the boundary lines located by connect-
   45  ing  points of known latitude and longitude. The approximate courses and
   46  distances of the  lines  enclosing  the  district  are  recited  in  the
   47  description, but the district is determined by drawing lines through the
   48  points  of known latitude and longitude. Beginning at a point A of lati-
   49  tude forty-one degrees and four minutes  north  and  longitude  seventy-
   50  three  degrees and fifty-six minutes west, said point being about sixty-
   51  five-hundredths of a mile west of the westerly bank of the Hudson  river
   52  and  about two and one-tenth miles northwest of the pier at Piermont, in
   53  the county of Rockland, state of New York;  thence  due  south  one  and
   54  fifteen-hundredths miles more or less to a point B of latitude forty-one
   55  degrees  and three minutes north and longitude seventy-three degrees and
   56  fifty-six minutes west; said point  being  about  one  and  three-tenths
       S. 3353                             7
    1  miles  northwest  of  the  pier  at Piermont, in the county of Rockland,
    2  state of New  York;  thence  south  fifty-six  degrees  and  thirty-four
    3  minutes west six and twenty-six-hundredths miles more or less to a point
    4  C  of  latitude  forty-one  degrees  and  no minutes north and longitude
    5  seventy-four degrees and  two  minutes  west,  said  point  being  about
    6  seven-tenths of a mile north of the railroad station at Westwood, in the
    7  county  of Bergen, state of New Jersey; thence south sixty-eight degrees
    8  and twenty-four minutes west nine and thirty-seven-hundredths miles more
    9  or less to a point D of latitude forty degrees and  fifty-seven  minutes
   10  north  and  longitude seventy-four degrees and twelve minutes west, said
   11  point being about three miles northwest of the business  center  of  the
   12  city  of Paterson, in the county of Passaic, state of New Jersey; thence
   13  south forty-seven degrees and seventeen minutes west eleven and  eighty-
   14  seven-hundredths  miles  more  or  less  to  a point E of latitude forty
   15  degrees and fifty minutes north and longitude seventy-four  degrees  and
   16  twenty-two  minutes  west,  said  point being about four and five-tenths
   17  miles west of the borough of Caldwell, in the county of Morris, state of
   18  New Jersey; thence due south nine and twenty-hundredths  miles  more  or
   19  less  to a point F of latitude forty degrees and forty-two minutes north
   20  and longitude seventy-four degrees and  twenty-two  minutes  west,  said
   21  point  being  about  one and two-tenths miles southwest of the passenger
   22  station of the Delaware, Lackawanna and Western railroad in the city  of
   23  Summit,  in  the  county  of  Union,  state  of New Jersey; thence south
   24  forty-two degrees and twenty-four minutes west, seven and seventy-eight-
   25  hundredths miles more or less to a point G of latitude forty degrees and
   26  thirty-seven minutes north and longitude seventy-four degrees and  twen-
   27  ty-eight  minutes  west, said point being about two and two-tenths miles
   28  west of the business center of the city of Plainfield, in the county  of
   29  Somerset,  state  of New Jersey; thence due south twelve and sixty-five-
   30  hundredths miles more or less on a line passing about one mile  west  of
   31  the  business  center of the city of New Brunswick to a point H of lati-
   32  tude forty degrees and twenty-six minutes north and  longitude  seventy-
   33  four  degrees and twenty-eight minutes west, said point being about four
   34  and five-tenths miles southwest of the city of  New  Brunswick,  in  the
   35  county  of  Middlesex,  state  of New Jersey; thence south seventy-seven
   36  degrees and forty-two minutes east ten and seventy-nine-hundredths miles
   37  more or less to a point I of  latitude  forty  degrees  and  twenty-four
   38  minutes  north  and  longitude  seventy-four degrees and sixteen minutes
   39  west, said point being about two miles southwest of the borough of Mata-
   40  wan, in the county of Middlesex, state of New Jersey;  thence  due  east
   41  twenty-five  and forty-eight-hundredths miles more or less, crossing the
   42  county of Monmouth, state of New Jersey, and passing about one and four-
   43  tenths miles south of the pier of the Central Railroad of New Jersey  at
   44  Atlantic  Highlands  to  a point J of latitude forty degrees and twenty-
   45  four minutes north and longitude seventy-three degrees  and  forty-seven
   46  minutes west, said point being in the Atlantic ocean; thence north elev-
   47  en  degrees  fifty-eight  minutes east twenty-one and sixteen-hundredths
   48  miles more or less to a point K, said point being about five miles  east
   49  of  the  passenger  station  of  the Long Island railroad at Jamaica and
   50  about one and three-tenths miles east of the boundary line of  the  city
   51  of  New  York,  in  the county of Nassau, state of New York; thence in a
   52  northeasterly direction passing about one-half mile  west  of  New  Hyde
   53  Park  and  about  one and one-tenth miles east of the shore of Manhasset
   54  bay at Port Washington, crossing Long Island sound to a  point  L,  said
   55  point  being  the point of intersection of the boundary line between the
   56  states of New York and Connecticut and  the  meridian  of  seventy-three
       S. 3353                             8
    1  degrees,  thirty-nine  minutes  and  thirty seconds west longitude, said
    2  point being also about a mile northeast of the village of Port  Chester;
    3  thence  northwesterly  along the boundary line between the states of New
    4  York  and Connecticut to a point M, said point being the point of inter-
    5  section between said boundary line between the states of  New  York  and
    6  Connecticut and the parallel of forty-one degrees and four minutes north
    7  latitude,  said point also being about four and five-tenths miles north-
    8  east of the business center of the city of White Plains; thence due west
    9  along said parallel, of forty-one degrees and four minutes  north  lati-
   10  tude,  the  line passing about two and one-half miles north of the busi-
   11  ness center of the city of White Plains and crossing the Hudson river to
   12  the point A, the place of beginning.
   13    The boundaries of said district may be changed from time  to  time  by
   14  the action of the legislature of either state concurred in by the legis-
   15  lature of the other.
   16    S  107. Commissioners.   1. The port authority shall consist of twelve
   17  commissioners, six resident voters from the state of New York, at  least
   18  four  of  whom shall be resident voters of the city of New York, and six
   19  resident voters from the state of New Jersey,  at  least  four  of  whom
   20  shall  be resident voters within the New Jersey portion of the district,
   21  the New York members to be chosen by the state of New York and  the  New
   22  Jersey  members  by  the  state  of New Jersey in the manner and for the
   23  terms fixed and determined from time to time by the legislature of  each
   24  state  respectively, except as herein provided. Each commissioner may be
   25  removed or suspended from office as provided by the  law  of  the  state
   26  from which he or she shall be appointed.
   27    2. The commissioners shall, for the purpose of doing business, consti-
   28  tute a board and may adopt suitable by-laws for its management.
   29    3. The port authority shall elect a chair, vice-chair, and may appoint
   30  such officers and employees as it may require for the performance of its
   31  duties, and shall fix and determine their qualifications and duties.
   32    4. If by death, resignation or otherwise, a vacancy occurs among those
   33  appointed  hereunder  by  the  state of New York, the governor is hereby
   34  authorized to fill the same.
   35    5. The commissioners appointed from the state of  New  York,  together
   36  with  the  commissioners  appointed  from the state of New Jersey, shall
   37  have power to apply to the congress of the United States for its consent
   38  and approval of the agreement or compact signed  by  them;  but  in  the
   39  absence  of  such consent of congress and until the same shall have been
   40  secured, the said agreement or compact shall be binding upon  the  state
   41  of  New  York in all respects permitted by law for the two states of New
   42  York and New Jersey without the consent of congress to  co-operate,  for
   43  the  purposes enumerated in said agreement or compact, and in the manner
   44  provided herein.
   45    S 108. Power of the port authority.    1.  The  port  authority  shall
   46  constitute  a  body,  both  corporate  and  politic, with full power and
   47  authority to purchase, construct, lease and/or operate any  terminal  or
   48  transportation  facility  within  said district; and to make charges for
   49  the use thereof: and for any of such purposes to own, hold, lease and/or
   50  operate real or personal property, to borrow money and secure  the  same
   51  by  bonds or by mortgages upon any property held or to be held by it. No
   52  property now or hereafter vested in or held by either state, or  by  any
   53  county, city, borough, village, township or other municipality, shall be
   54  taken  by  the  port authority, without the authority or consent of such
   55  state, county, city, borough, village, township or  other  municipality,
   56  nor  shall  anything  herein  impair or invalidate in any way any bonded
       S. 3353                             9
    1  indebtedness of such state, county, city, borough, village, township  or
    2  other  municipality,  nor  impair  the  provisions of law regulating the
    3  payment into sinking funds of revenues derived from municipal  property,
    4  or  dedicating  the  revenues  derived  from any municipal property to a
    5  specific purpose.
    6    2. The powers granted in this article shall not be  exercised  by  the
    7  port authority until the legislatures of both states shall have approved
    8  of  a  comprehensive plan for the development of the port as hereinafter
    9  provided.
   10    3. The port authority shall have such additional powers and duties  as
   11  may  hereafter  be  delegated to or imposed upon it from time to time by
   12  the action of the legislature of either state concurred in by the legis-
   13  lature of the other. Unless and until otherwise provided, it shall  make
   14  an  annual  report  to  the legislature of both states, setting forth in
   15  detail the operations and transactions conducted by it pursuant to  this
   16  agreement  and  any legislation thereunder. The port authority shall not
   17  pledge the credit of either state except by and with  the  authority  of
   18  the legislature thereof.
   19    S  109.  Public meetings.   1. The legislature finds and declares that
   20  the right of the public to be present at meetings of the port  authority
   21  of  New York and New Jersey, and to witness in full detail all phases of
   22  the deliberation, policy formulation, and decision making of the author-
   23  ity, is vital to the enhancement and proper functioning of the democrat-
   24  ic process, and that secrecy in public affairs undermines the  faith  of
   25  the  public  in  government and the public's effectiveness in fulfilling
   26  its role in a democratic society; and declares it to be the public poli-
   27  cy of this state to insure the right of its citizens  to  have  adequate
   28  advance  notice of and the right to attend all meetings of the authority
   29  at which any business affecting the public is discussed or acted upon in
   30  any way except only in those circumstances where  otherwise  the  public
   31  interest  would be clearly endangered or the personal privacy of guaran-
   32  teed rights of individuals would be clearly  in  danger  of  unwarranted
   33  invasion.
   34    2.  The  board  shall adopt and promulgate appropriate rules and regu-
   35  lations concerning the right of the public to be present at meetings  of
   36  the  authority.  The  board may incorporate in its rules and regulations
   37  conditions under which it may exclude the public from  a  meeting  or  a
   38  portion thereof.
   39    3.  Any  rules or regulations adopted hereunder shall become a part of
   40  the minutes of the port authority of New York and New Jersey  and  shall
   41  be  subject to the approval of the governor of New Jersey and the gover-
   42  nor of New York.
   43    4. Unless and until otherwise determined by the action of the legisla-
   44  tures of the two states, no action of the port authority shall be  bind-
   45  ing  unless  taken  at  a meeting at which at least three of the members
   46  from each state are present, and unless a majority of the  members  from
   47  each  state  present  at such meeting but in any event at least three of
   48  the members from each state, shall vote in  favor  thereof.  Each  state
   49  reserves the right to provide by law for the exercise of a veto power by
   50  the governor thereof over any action of any commissioner appointed ther-
   51  efrom.
   52    S  110.  Minutes of public meetings.  1. The port authority shall file
   53  with the temporary president and minority leader of the senate  and  the
   54  speaker  and minority leader of the assembly, the chairman of the assem-
   55  bly ways and means committee and the  chairman  of  the  senate  finance
   56  committee  of  the  state of New York and the president, minority leader
       S. 3353                            10
    1  and secretary of the senate and the speaker, minority leader  and  clerk
    2  of the general assembly of the state of New Jersey a copy of the minutes
    3  of  any  action  taken at any public meeting of the port authority. Such
    4  filing shall be made on the same day such minutes are transmitted to the
    5  governor  of  each  state for review; and notice of such filing shall be
    6  provided to the governor of each state at  the  same  time.  Failure  to
    7  effectuate any such filing shall not impair the ability of the authority
    8  to  act  pursuant  to  a  resolution of its board. Such filing shall not
    9  apply to any minutes required to be filed pursuant to section twenty  of
   10  chapter  six  hundred fifty-one of the laws of nineteen hundred seventy-
   11  eight and continued by article XXVIII of this chapter.
   12    2. The temporary president and minority  leader  of  the  senate,  the
   13  speaker  and minority leader of the assembly, the chairman of the assem-
   14  bly ways and means committee and the  chairman  of  the  senate  finance
   15  committee  of  the state of New York and the speaker and minority leader
   16  of the general assembly and the president and the minority leader of the
   17  senate of the state of New Jersey, or representatives designated by them
   18  in writing for this purpose, may by certificate filed with the secretary
   19  of the port  authority  waive  the  foregoing  filing  requirement  with
   20  respect to any specific minutes.
   21    S  111.  Jurisdiction.   Unless and until otherwise provided, all laws
   22  now or hereafter vesting jurisdiction or control in the  public  service
   23  commission,  or  the  public  utilities commission, or like body, within
   24  each state respectively, shall apply to railroads and to any transporta-
   25  tion, terminal or other facility owned, operated, leased or  constructed
   26  by  the  port authority, with the same force and effect as if such rail-
   27  road, or transportation, terminal or other facility were owned,  leased,
   28  operated or constructed by a private corporation.
   29    S  112.  Powers  of  municipalities  to  develop or improve.   Nothing
   30  contained in this agreement shall impair the powers of any  municipality
   31  to develop or improve port and terminal facilities.
   32    S  113.  Comprehensive  development.    1. The legislatures of the two
   33  states, prior to the signing of this agreement, or thereafter as soon as
   34  may be practicable, will adopt a plan or  plans  for  the  comprehensive
   35  development of the port of New York.
   36    2.  The  port  authority  shall  from  time to time make plans for the
   37  development of the port of New York district, supplementary to or  amen-
   38  datory  of  any  plan  theretofore adopted, and when such plans are duly
   39  approved by the legislatures of the two states, they  shall  be  binding
   40  upon  both  states  with the same force and effect as if incorporated in
   41  this act.
   42    3. The port authority may petition any interstate commerce  commission
   43  (or like body), commissioner of transportation, public utilities commis-
   44  sion  (or  like  body),  or any other federal, municipal, state or local
   45  authority, administrative, judicial or legislative, having  jurisdiction
   46  in  the  premises,  after  the  adoption  of  the  comprehensive plan as
   47  provided for in subdivision one of this section, for  the  adoption  and
   48  execution  of any physical improvement, change in method, rate of trans-
   49  portation, system of handling freight, warehousing, docking,  lightering
   50  or transfer of freight, which, in the opinion of the port authority, may
   51  be designed to improve or better the handling of commerce in and through
   52  the  port  of  New York district, or improve terminal and transportation
   53  facilities therein. It may intervene in  any  proceeding  affecting  the
   54  commerce of the port.
   55    S 114. Recommendations.  The port authority may from time to time make
   56  recommendations to the legislatures of the two states or to the congress
       S. 3353                            11
    1  of  the  United  States,  based  upon study and analysis, for the better
    2  conduct of the commerce passing in and through the port of New York, the
    3  increase and improvement of transportation and terminal facilities ther-
    4  ein, and the more economical and expeditious handling of such commerce.
    5    S  115.  Expense of operations.  1. Unless and until the revenues from
    6  operations conducted by the port authority  are  adequate  to  meet  all
    7  expenditures,  the  legislatures of the two states shall appropriate, in
    8  equal amounts, annually, for the salaries, office and other  administra-
    9  tive  expenses,  such  sum  or  sums as shall be recommended by the port
   10  authority and approved by the governors of  the  two  states,  but  each
   11  state obligates itself hereunder only to the extent of one hundred thou-
   12  sand dollars in any one year.
   13    2. Unless and until otherwise determined by the action of the legisla-
   14  tures  of  the  two states, the port authority shall not incur any obli-
   15  gations for salaries, office or other  administrative  expenses,  within
   16  the  provisions  of subdivision one of this section, prior to the making
   17  of appropriations adequate to meet the same.
   18    S 115-a. Records of  the  port  authority.    1.  Notwithstanding  any
   19  provision  to  the  contrary, the records of the port authority shall be
   20  open to the public in accordance with the laws of New York,  articles  6
   21  and 6-A of the public officers law, and New Jersey, P.L. 1963, c. 73 (C.
   22  47:1A-1 et seq.), pertaining to the disclosure of government records.
   23    2.  When there is an inconsistency between the law of the state of New
   24  York and the law of the state of New Jersey, the law of the  state  that
   25  provided  the  greatest rights of access on the date that the chapter of
   26  the laws of 2015 that added this section became a law shall apply.
   27    3. The provisions of article 78 of the civil practice law and rules of
   28  the state of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.),  of  the
   29  laws of New Jersey, as applicable, shall apply to enforce the provisions
   30  of this article.
   31    S  115-b. Port authority as an agency.  Notwithstanding any law to the
   32  contrary, the port authority shall be deemed an "agency" and treated  as
   33  such under the laws of New York, for all purposes under articles six and
   34  six-A  of the public officers law, and shall be deemed a "public agency"
   35  and treated as such under New Jersey, P.L. 1963,  c.  73  (C.47:1A-1  et
   36  seq.), pertaining to the disclosure of government records.
   37    S 116. Notice of claim.  Notwithstanding any other provision of law to
   38  the contrary, every action against the authority for damages or injuries
   39  to  real  or  personal  property, or for the destruction thereof, or for
   40  personal injuries or wrongful death shall  not  be  commenced  unless  a
   41  notice  of  claim  shall have been served on the authority in the manner
   42  provided for in the state where the action is commenced, and in  compli-
   43  ance  with  the  pertinent  statutes  of the state relating generally to
   44  actions commenced against that state and  in  compliance  with  all  the
   45  requirements  of  the laws of that state. Where such state's law permits
   46  service upon a department of that state in  lieu  of  service  upon  the
   47  public  entity,  service  may be made pursuant to such law. Except in an
   48  action for wrongful death against such an entity, an action for  damages
   49  or  for  injuries  to  real or personal property, or for the destruction
   50  thereof, or for personal injuries, alleged to have been sustained, shall
   51  not be commenced more than one year and ninety days after the  cause  of
   52  action  therefor  shall have accrued or within the time period otherwise
   53  prescribed by any special provision of law of that state,  whichever  is
   54  longer.
   55    S  117.  Regulations.    1. The port authority is hereby authorized to
   56  make suitable rules and regulations not inconsistent with the  constitu-
       S. 3353                            12
    1  tion  of  the United States or of either state, and subject to the exer-
    2  cise of the power of congress, for the improvement  of  the  conduct  of
    3  navigation  and  commerce, which, when concurred in or authorized by the
    4  legislatures  of  both  states,  shall be binding and effective upon all
    5  persons and corporations affected thereby.
    6    2. The two states shall provide penalties for violations of any order,
    7  rule or regulation of the port authority, and for the manner of  enforc-
    8  ing the same.
    9                                 ARTICLE II
   10                     DEVELOPMENT OF THE PORT OF NEW YORK
   11  Section 201. Development of the port of New York.
   12          202. Investigations.
   13          203. Hearings.
   14          204. Orders.
   15          205. Terminal stations.
   16          206. Preference.
   17    S  201.  Development of the port of New York.  1. Pursuant to subdivi-
   18  sion two of section one hundred eight of this chapter the  following  be
   19  and  is  hereby adopted as the comprehensive plan for the development of
   20  the port of New York:
   21    (a) That terminal operations within  the  port  district,  so  far  as
   22  economically practicable, should be unified;
   23    (b)  That there should be consolidation of shipments at proper classi-
   24  fication points so as to eliminate duplication  of  effort,  inefficient
   25  loading of equipment and realize reduction in expenses;
   26    (c) That there should be the most direct routing of all commodities so
   27  as  to avoid centers of congestion, conflicting currents and long truck-
   28  hauls;
   29    (d) That terminal stations established under  the  comprehensive  plan
   30  should be union stations, so far as practicable;
   31    (e) That the process of coordinating facilities should so far as prac-
   32  ticable  adapt  existing facilities as integral parts of the new system,
   33  so as to avoid needless destruction of existing capital  investment  and
   34  reduce  so  far as may be possible the requirements for new capital; and
   35  endeavor should be made to obtain the consent  of  local  municipalities
   36  within  the  port  district  for  the  coordination of their present and
   37  contemplated port and terminal facilities with the whole plan.
   38    (f) That freight from all railroads must be brought to  all  parts  of
   39  the  port  wherever  practicable  without  cars  breaking bulk, and this
   40  necessitates tunnel connection between New Jersey and Long  Island,  and
   41  tunnel or bridge connections between other parts of the port;
   42    (g)  That  there should be urged upon the federal authorities improve-
   43  ment of channels so as to  give  access  for  that  type  of  waterborne
   44  commerce  adapted  to the various forms of development which the respec-
   45  tive shorefronts and adjacent lands of the port would  best  lend  them-
   46  selves to;
   47    (h)  That highways for motor truck traffic should be laid out so as to
   48  permit the most efficient inter-relation between  terminals,  piers  and
   49  industrial establishments not equipped with railroad sidings and for the
   50  distribution of building materials and many other commodities which must
   51  be  handled  by  trucks;  these  highways  to  connect  with existing or
   52  projected bridges, tunnels and ferries.
   53    (i) That definite methods for prompt relief should  be  devised  which
   54  can  be  applied  for  the better coordination and operation of existing
   55  facilities while larger and more comprehensive plans for future develop-
   56  ment are being carried out.
       S. 3353                            13
    1    2. The bridges, tunnels and belt lines forming the comprehensive  plan
    2  are  generally and in outline indicated on maps filed by the port of New
    3  York authority in the offices of the secretaries of the  states  of  New
    4  York and New Jersey and are hereinafter described in outline.
    5    3.  (a)  A  tunnel  or tunnels connecting the New Jersey shore and the
    6  Brooklyn shore of New York to provide through  line  connection  between
    7  the  transcontinental railroads now having their terminals in New Jersey
    8  with the Long Island railroad and the New York  connecting  railroad  on
    9  Long  Island and with the New York Central and Hudson River railroad and
   10  the New York, New Haven and Hartford  railroad  in  the  Bronx,  and  to
   11  provide  continuous transportation of freight between the Queens, Brook-
   12  lyn and Bronx sections of the port to and from all parts of the westerly
   13  section of the port, for all of the transcontinental railroads.
   14    (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
   15  existing bridge enlarged, to provide direct freight carriage between New
   16  Jersey and Staten Island.
   17    (c) The location of all such tunnels or bridges to be at the shortest,
   18  most accessible and most economical points practicable,  taking  account
   19  of  existing facilities now located within the port district and provid-
   20  ing for and taking account of all reasonably foreseeable  future  growth
   21  in all parts of the district.
   22    4.  The  island of Manhattan to be connected with New Jersey by bridge
   23  or tunnel, or both, and freight destined to and  from  Manhattan  to  be
   24  carried  underground,  so  far as practicable, by such system, automatic
   25  electric as hereinafter described or otherwise, as will furnish the most
   26  expeditious, economical and practicable transportation of freight, espe-
   27  cially meat, produce, milk and other commodities  comprising  the  daily
   28  needs  of  the  people. Suitable markets, union inland terminal stations
   29  and warehouses to be laid out at points most convenient to the homes and
   30  industries upon the island, the said system to be connected with all the
   31  trans-continental railroads terminating in New Jersey and by appropriate
   32  connection with the New York Central and Hudson River railroad, the  New
   33  York, New Haven and Hartford and the Long Island railroads.
   34    5. The numbers hereinafter used correspond with the numbers which have
   35  been placed on the map of the comprehensive plan to identify the various
   36  belt lines and marginal railroads.
   37    (a)  Number 1. Middle belt line. Connects New Jersey and Staten Island
   38  and the railroads on the  westerly  side  of  the  port  with  Brooklyn,
   39  Queens,  the  Bronx  and the railroads on the easterly side of the port.
   40  Connects with the New York Central railroad in the Bronx; with  the  New
   41  York, New Haven and Hartford railroad in the Bronx; with the Long Island
   42  railroad  in  Queens  and Brooklyn; with the Baltimore and Ohio railroad
   43  near Elizabethport and in  Staten  Island;  with  the  Central  Railroad
   44  Company  of  New  Jersey  at  Elizabethport  and at points in Newark and
   45  Jersey City; with the Pennsylvania railroad in Newark and  Jersey  City;
   46  with  the  Lehigh  Valley  railroad  in Newark and Jersey City; with the
   47  Delaware, Lackawanna and Western railroad in Jersey City and the  Secau-
   48  cus  meadows;  with  the  Erie  railroad in Jersey City and the Secaucus
   49  meadows; with the New York,  Susquehanna  and  Western,  the  New  York,
   50  Ontario and Western and the West Shore railroads on the westerly side of
   51  the Palisades above the Weehawken tunnel.
   52    The  route  of the middle belt line as shown on said map is in general
   53  as follows: Commencing at the Hudson river  at  Spuyten  Duyvil  running
   54  easterly  and  southerly generally along the easterly side of the Harlem
   55  river, utilizing existing lines so far as practicable and improving  and
   56  adding  where  necessary,  to a connection with Hell Gate bridge and the
       S. 3353                            14
    1  New Haven railroad, a distance  of  approximately  seven  miles;  thence
    2  continuing  in  a  general southerly direction, utilizing existing lines
    3  and improving and adding where necessary, to a point near Bay  Ridge,  a
    4  distance  of  approximately eighteen and one-half miles; thence by a new
    5  tunnel under New York bay in a northwesterly direction to  a  portal  in
    6  Jersey  City  or  Bayonne,  a distance of approximately five miles, to a
    7  connection with the tracks of the Pennsylvania and Lehigh  Valley  rail-
    8  roads; thence in a generally northerly direction along the easterly side
    9  of Newark bay and the Hackensack river at the westerly foot of the Pali-
   10  sades,  utilizing  existing tracks and improving and adding where neces-
   11  sary, making connections with the Jersey Central,  Pennsylvania,  Lehigh
   12  Valley,  Delaware,  Lackawanna  and Western, Erie, New York, Susquehanna
   13  and Western, New York, Ontario and Western, and West Shore railroads,  a
   14  distance of approximately ten miles. From the westerly portal of the Bay
   15  tunnel  and  from  the line along the easterly side of Newark bay by the
   16  bridges of the Central railroad of New Jersey (crossing  the  Hackensack
   17  and  Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads
   18  (crossing Newark bay) to the line of the central railroad of New  Jersey
   19  running along the westerly side of Newark bay and thence southerly along
   20  this  line to a connection with the Baltimore and Ohio railroad south of
   21  Elizabethport, utilizing  existing  lines  so  far  as  practicable  and
   22  improving and adding where necessary, a distance of approximately twelve
   23  miles; thence in an easterly direction crossing the Arthur kill, utiliz-
   24  ing  existing lines so far as practicable and improving and adding where
   25  necessary, along the northerly and easterly shores of Staten  Island  to
   26  the  new city piers and to a connection, if the city of New York consent
   27  thereto, with the tunnel under the  Narrows  to  Brooklyn  provided  for
   28  under  chapter  seven  hundred  of the laws of the state of New York for
   29  nineteen hundred and twenty-one.
   30    (b) Number 2. A marginal railroad to the  Bronx  extending  along  the
   31  shore of the East river and Westchester creek connecting with the middle
   32  belt  line  (number  one), and with the New York, New Haven and Hartford
   33  railroad in the vicinity of Westchester.
   34    (c) Number 3. A marginal railroad in  Queens  and  Brooklyn  extending
   35  along  Flushing  creek,  Flushing  bay, the East river and the upper New
   36  York bay.  Connects with the middle belt line  (number  one),  by  lines
   37  number  four,  number five, number six and directly at the southerly end
   38  at Bay Ridge.  Existing lines to be utilized and improved and  added  to
   39  and new lines built where lines do not now exist.
   40    (d)  Number  4.  An  existing  line  to be improved and added to where
   41  necessary. Connects the middle belt line (number one), with the marginal
   42  railroad number three near its northeasterly end.
   43    (e) Number 5. An existing line to  be  improved  and  added  to  where
   44  necessary. Connects the middle belt line (number one), with the marginal
   45  railroad number three in Long Island City.
   46    (f)  Number  6.  Connects  the middle belt line (number one), with the
   47  marginal railroad number three in the Greenpoint  section  of  Brooklyn.
   48  The existing portion to be improved and added to where necessary.
   49    (g)  Number  7.  A  marginal  railroad  surrounding  the northerly and
   50  westerly shores of Jamaica bay. A new line.  Connects  with  the  middle
   51  belt line (number one).
   52    (h)  Number  8.  An  existing  line, to be improved and added to where
   53  necessary. Extends along  the  southeasterly  shore  of  Staten  Island.
   54  Connects with middle belt line (number one).
   55    (i)  Number  9. A marginal railroad extending along the westerly shore
   56  of Staten Island and a branch connection  with  number  eight.  Connects
       S. 3353                            15
    1  with the middle belt line (number one), and with a branch from the outer
    2  belt line (number fifteen).
    3    (j) Number 10. A line made up mainly of existing lines, to be improved
    4  and added to where necessary. Connects with the middle belt line (number
    5  one) by way of marginal railroad number eleven. Extends along the south-
    6  erly shore of Raritan bay and through the territory south of the Raritan
    7  river reaching New Brunswick.
    8    (k)  Number  11.  A marginal railroad extending from a connection with
    9  the proposed outer belt line (number fifteen) near New  Brunswick  along
   10  the northerly shore of the Raritan river to Perth Amboy, thence norther-
   11  ly  along  the westerly side of the Arthur kill to a connection with the
   12  middle belt line (number one) south of  Elizabethport.  The  portion  of
   13  this line which exists to be improved and added to where necessary.
   14    (l)  Number 12. A marginal railroad extending along the easterly shore
   15  of Newark bay and the Hackensack river and connects with the middle belt
   16  line (number one). A new line.
   17    (m) Number 13. A marginal railroad extending along the  westerly  side
   18  of the Hudson river and the Upper New York bay. Made up mainly of exist-
   19  ing  lines----the  Erie  Terminals,  Jersey Junction, Hoboken Shore, and
   20  National Docks railroads. To be improved and added to  where  necessary.
   21  To be connected with middle belt line (number one).
   22    (n)  Number  14.  A  marginal railroad connecting with the middle belt
   23  line (number one), and extending through  the  Hackensack  and  Secaucus
   24  meadows.
   25    (o)  Number  15.  An  outer  belt  line, extending around the westerly
   26  limits of the port district  beyond  the  congested  section.  Northerly
   27  terminus on the Hudson river at Piermont. Connects by marginal railroads
   28  at the southerly end with the harbor waters below the congested section.
   29  By spurs connects with the middle belt line (number one) on the westerly
   30  shore of Newark bay and with the marginal railroad on the westerly shore
   31  of Staten Island (number nine).
   32    (p)  Number  16.  The  automatic electric system for serving Manhattan
   33  Island.  Its yards to connect with the middle belt line and with all the
   34  railroads of the port district. A standard  gauge  underground  railroad
   35  deep  enough  in  Manhattan  to  permit  of  two levels of rapid transit
   36  subways to pass over it. Standard railroad cars to be brought through to
   37  Manhattan terminals for perishables and food  products  in  refrigerator
   38  cars.  Cars with merchandise freight to be stopped at its yards. Freight
   39  from  standard cars to be transferred onto wheeled containers, thence to
   40  special electrically propelled cars which will  bear  it  to  Manhattan.
   41  Freight  to  be  kept on wheels between the door of the standard freight
   42  car at the transfer point and the tail board of the truck at the Manhat-
   43  tan terminal or the store door as may  be  elected  by  the  shipper  or
   44  consignee, eliminating extra handling.
   45    Union  terminal stations to be located on Manhattan in zones as far as
   46  practicable of equal trucking distance, as to pickups and deliveries, to
   47  be served by this system. Terminals to contain storage space  and  space
   48  for  other facilities. The system to bring all the railroads of the port
   49  to Manhattan.
   50    6. The determination of the exact location, system  and  character  of
   51  each  of  the said tunnels, bridges, belt lines, approaches, classifica-
   52  tion yards, warehouses, terminals or other improvements shall be made by
   53  the port authority after public  hearings  and  further  study,  but  in
   54  general the location thereof shall be as indicated upon said map, and as
   55  herein described.
       S. 3353                            16
    1    7.  The  right  to  add to, modify or change any part of the foregoing
    2  comprehensive plan is reserved by each state, with  the  concurrence  of
    3  the other.
    4    8. The port of New York authority is hereby authorized and directed to
    5  proceed  with the development of the port of New York in accordance with
    6  said comprehensive plan as rapidly as may  be  economically  practicable
    7  and  is  hereby  vested  with  all  necessary and appropriate powers not
    8  inconsistent with the constitution of the United  States  or  of  either
    9  state, to effectuate the same, except the power to levy taxes or assess-
   10  ments.  It  shall request the congress of the United States to make such
   11  appropriations for deepening and widening  channels  and  to  make  such
   12  grants of power as will enable the said plan to be effectuated. It shall
   13  have  power  to  apply to all federal agencies, including the interstate
   14  commerce commission, the war department, and the United States  shipping
   15  board, for suitable assistance in carrying out said plan. It shall coop-
   16  erate  with  the state highway commissioners of each state so that trunk
   17  line highways as and when laid out by each state shall fit in with  said
   18  comprehensive  plan. It shall render such advice, suggestion and assist-
   19  ance to all municipal officials as will permit all local  and  municipal
   20  port and harbor improvements, so far as practicable, to fit in with said
   21  plan.  All  municipalities within the district are hereby authorized and
   22  empowered to cooperate in the effectuation of said plan, and are  hereby
   23  vested with such powers as may be appropriate or necessary so to cooper-
   24  ate. The bonds or other securities issued by the port authority shall at
   25  all  times  be  free  from taxation by either state.  The port authority
   26  shall be regarded as the municipal corporate instrumentality of the  two
   27  states  for  the  purpose  of  developing  the port and effectuating the
   28  pledge of the states in the said compact, but it shall have no power  to
   29  pledge  the  credit  of  either  state  or to impose any obligation upon
   30  either state, or upon any municipality, except as and when such power is
   31  expressly granted by statute, or the consent by any such municipality is
   32  given.
   33    S 202. Investigations.  1. (a) To facilitate the determination of  the
   34  economic practicability of any step in the comprehensive plan, or of any
   35  other  fact  or  matter  which  the  port  authority  is  authorized and
   36  empowered to decide or determine, the port authority may conduct  inves-
   37  tigations,  inquiries  or  hearings  at such place or places and at such
   38  times as it shall appoint.  Such investigations, inquiries  or  hearings
   39  may  be  held  by or before one or more of the commissioners of the port
   40  authority, or by or before any person or persons appointed as its repre-
   41  sentative, and when ratified, approved or confirmed by the port authori-
   42  ty on its action shall be and be deemed to be the investigation, inquiry
   43  or hearing of the port authority.
   44    (b) For the purpose of such investigations, inquiries or hearings, and
   45  of such other action or powers as the port authority may  be  authorized
   46  or  empowered to take or exercise, it shall have jurisdiction of any and
   47  all persons, associations, or corporations, residing in,  or  acting  or
   48  existing under or by virtue of the laws of, or owning property or coming
   49  within this state.
   50    2. The port authority shall have the power to compel the attendance of
   51  witnesses  and  the  production of any papers, books or other documents,
   52  and to administer oaths to all witnesses who may be  called  before  it.
   53  Subpoenas issued by the port authority shall be signed by a commissioner
   54  or  by the secretary of the port authority. No witness subpoenaed at the
   55  instance of parties other than the port authority shall be  entitled  to
   56  compensation  therefrom  for  attendance or travel, but the cost thereof
       S. 3353                            17
    1  shall be borne by the party at whose instance the witness  is  summoned,
    2  unless the port authority otherwise orders. A subpoena issued under this
    3  section shall be regulated by the civil practice law and rules.
    4    S 203. Hearings.  1. All hearings before the port authority, including
    5  the  taking  of  testimony, shall be governed by rules to be adopted and
    6  prescribed by it.
    7    2. In any investigation, inquiry or hearing before the port authority,
    8  a commissioner or an officer conducting the  investigation,  inquiry  or
    9  hearing may confer immunity in accordance with the provisions of section
   10  50.20 of the criminal procedure law.
   11    3. No commissioner or employee of the port authority shall be required
   12  to give testimony in any civil suit to which the port authority is not a
   13  party with regard to information obtained by him in the discharge of his
   14  or her official duty.
   15    S  204. Orders.   1. Every order of the port authority shall be served
   16  upon every person, association or corporation to  be  affected  thereby,
   17  either by personal delivery of a certified copy thereof, or by mailing a
   18  certified copy thereof, in a sealed package with postage prepaid, to the
   19  person  to  be  affected thereby; or in the case of a corporation to any
   20  officer or agent thereof upon whom a summons  might  be  served,  either
   21  within  or  without  the  state, in accordance with law. It shall be the
   22  duty of every person, association or corporation,  to  notify  the  port
   23  authority forthwith, in writing, of the receipt of the certified copy of
   24  every  order  so served, and in the case of a corporation such notifica-
   25  tion must be signed and acknowledged by a person or officer duly author-
   26  ized by the corporation to admit such service. Within a  time  specified
   27  in  the  order of the port authority, such person, association or corpo-
   28  ration, upon whom it is served, must, if so required in the order, noti-
   29  fy the port authority in like manner whether the terms of the order  are
   30  accepted  and  will  be  obeyed. Every order of the port authority shall
   31  take effect at a time therein specified  and  shall  continue  in  force
   32  either for a period which may be designated therein, or until changed or
   33  abrogated  by  the  port authority, unless such order be unauthorized by
   34  law, or be in violation of a provision of the constitution of the state,
   35  or of the United States.
   36    2. No order staying or suspending an order of the port authority shall
   37  be made by any court otherwise than upon notice and after  hearing,  and
   38  if  the  order  of the port authority is suspended, the order suspending
   39  the same shall contain a specific finding based upon evidence  submitted
   40  to the court and identified by reference thereto that great and irrepar-
   41  able  damage would otherwise result to the petitioner and specifying the
   42  nature of the damage.
   43    3. (a) Whenever the port authority shall be of the  opinion  that  any
   44  person,  association or corporation subject to its jurisdiction is fail-
   45  ing or omitting, or about to fail or omit to do anything required of  it
   46  by  the laws governing the development and regulation of the port of New
   47  York, or by its order, or is doing  or  is  about  to  do  anything,  or
   48  permitting,  or  about  to permit anything to be done contrary to, or in
   49  violation of, such law or orders, it shall direct  its  legal  represen-
   50  tative  to  commence  an  action  or  proceeding in the name of the port
   51  authority, in an appropriate court having jurisdiction, for the  purpose
   52  of  having  such  violations,  or  threatened  violations,  stopped  and
   53  prevented either by mandamus or injunction. Such an action or proceeding
   54  may be brought in the supreme court of this state, and  the  said  court
   55  shall  have  and is hereby given the necessary and appropriate jurisdic-
       S. 3353                            18
    1  tion to grant mandamus or injunction, as the case may  require,  or  any
    2  other relief appropriate to the case.
    3    (b)  Failure  of such person, association or corporation to notify the
    4  port authority, as required in the preceding section, of its  acceptance
    5  of  and willingness to obey any order of the port authority shall be and
    6  be deemed to be prima facie  proof  that  such  person,  association  or
    7  corporation  is  guilty  of such violation, or threatened violation. The
    8  legal representative of the port authority shall begin  such  action  or
    9  proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
   10  violation complained of and praying for appropriate  relief  by  way  of
   11  mandamus  or  injunction. If the petition is directed to a court of this
   12  state, it shall thereupon be the duty of the court to specify the  time,
   13  not  exceeding  twenty days after the service of a copy of the petition,
   14  within which the person, association or corporation complained  of  must
   15  answer  the petition. In case of default in answer, or after answer, the
   16  court shall immediately inquire into the  facts  and  circumstances,  in
   17  such manner as the court shall direct, without other or formal pleadings
   18  and  without  respect  to any technical requirement. Such other persons,
   19  associations or corporations as the court shall deem necessary or proper
   20  to join as parties, in order to make its order, judgment or writs effec-
   21  tive, may be joined as parties upon application of the  legal  represen-
   22  tative  of  the port authority. The final judgment in any such action or
   23  proceeding shall either dismiss the action or proceeding, or direct that
   24  a writ of mandamus, or an injunction, or both, issue as  prayed  for  in
   25  the  petition, or in such modified or other form as the court may deter-
   26  mine will afford the appropriate relief.
   27    4. (a) Whenever the port authority, after opportunity to  the  parties
   28  affected or to be affected thereby to be heard, shall determine any fact
   29  or  matter  which  it  is authorized by any law to hear or determine, or
   30  that any step in the effectuation of the comprehensive plan is or in the
   31  near future will be economically practicable, it shall make its findings
   32  in writing, setting forth its reasons therefor, and such findings  shall
   33  be  and be deemed to be a determination by the port authority, under and
   34  pursuant to law. Upon such determination an  appropriate  order  may  be
   35  entered  by the port authority and be made effective and may be enforced
   36  as herein provided.
   37    (b) If such findings or determination shall require the use of  exist-
   38  ing  facilities or any part thereof described in the law, owned or oper-
   39  ated by any carrier or carriers, then the port authority may  order  and
   40  require the carrier or carriers owning or operating said railroad facil-
   41  ities or part thereof to permit the use of such facilities or part ther-
   42  eof upon the payment of reasonable compensation therefor. If the carrier
   43  or  carriers affected or to be affected by such order shall not be able,
   44  within the time to be specified in its order by the port  authority,  to
   45  agree  among  themselves upon the compensation to be paid by a user to a
   46  proprietor or operator for the use of such existing facilities  or  part
   47  thereof,  then the port authority shall make determination of the amount
   48  to be paid by the user to the proprietary carrier  or  carriers,  taking
   49  all  the  facts and circumstances into account, including the public use
   50  to which such facilities have been put; or,  at  its  option,  the  port
   51  authority  may  apply  to  the  supreme court of this state, either in a
   52  separate proceeding or in  proceedings  by  mandamus  or  injunction  to
   53  enforce  its order, to fix and determine the fair and reasonable compen-
   54  sation to be paid by the user to the proprietary carrier or carriers for
   55  such use. If any carrier shall be dissatisfied with the findings of  the
   56  port  authority in the matter of the compensation to be paid for the use
       S. 3353                            19
    1  of any existing facility, it shall have the right to review the same  in
    2  the  supreme  court  of this state by taking appropriate proceedings for
    3  such review within sixty days from the service of the order of the  port
    4  authority, but pending such review the order for the use of such facili-
    5  ties  shall  be  operative, the determination of the compensation by the
    6  court to relate back to the time  of  the  commencement  of  such  user,
    7  unless  the court shall for good and proper reasons enjoin the operation
    8  of such order.
    9    S 205. Terminal stations.  If, in the determination of steps to effec-
   10  tuate the comprehensive plan, the port authority  shall  determine  that
   11  one  or  more  union  terminal stations are then, or in the near future,
   12  economically practicable, it shall call a conference of all the carriers
   13  affected or to be affected by the  use  of  such  terminal  stations  or
   14  station  and  shall submit to them a plan or plans for the construction,
   15  maintenance and use thereof.  If the carriers or any of them shall  fail
   16  or  refuse  to  agree  upon such plan, the port authority shall make and
   17  certify its findings and conclusions to the supreme court of this state,
   18  and the said court is vested with appropriate and adequate  jurisdiction
   19  to  determine  whether  or not such plan or plans for a union station or
   20  stations effectuate the comprehensive plan, and to make such  conditions
   21  and  impose such terms as will carry out the same in accordance with the
   22  principles embraced in the comprehensive plan and the laws governing the
   23  same.
   24    S 206. Preference.   All actions and proceedings  to  which  the  port
   25  authority may be a party and in which any question arises under the laws
   26  relating to the port authority, or under or concerning any of its orders
   27  or  actions,  shall  be  preferred  over  all other civil causes, except
   28  election causes, in all courts of this state  and  shall  be  heard  and
   29  determined  in  preference  to all other civil business pending therein,
   30  except election causes, irrespective of position on  the  calendar.  The
   31  same preference shall be granted upon application of the legal represen-
   32  tative of the port authority, in any action or proceeding in which he or
   33  she may be allowed to intervene.
   34                                 ARTICLE III
   35               BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY
   36  Section 301. Legislative intent.
   37          302. Tunnels.
   38          303. Bridges.
   39          304. Studies and reporting.
   40          305. Inspections.
   41          306. Construction, maintenance and operation.
   42          307. Rules and regulations relating to tunnels and bridges.
   43          308. Bonds.
   44          309. Compact.
   45    S  301.  Legislative  intent.   The state of New Jersey by appropriate
   46  legislation concurring herein, the states of New  York  and  New  Jersey
   47  hereby  declare  and  agree that the vehicular traffic moving across the
   48  interstate waters within the port of New York district, created  by  the
   49  compact  of  April thirty, nineteen hundred twenty-one, between the said
   50  states, which said phrase "interstate waters" as used  in  this  article
   51  shall  include  the  portion of the Hudson river within the said port of
   52  New York district north of the New  Jersey  state  line,  constitutes  a
   53  general  movement of traffic which follows the most accessible and prac-
   54  ticable routes, and that the users of each  bridge  or  tunnel  over  or
   55  under  the said waters benefit by the existence of every other bridge or
   56  tunnel since all such bridges and tunnels  as  a  group  facilitate  the
       S. 3353                            20
    1  movement  of  such traffic and relieve congestion at each of the several
    2  bridges and tunnels.  Accordingly the two said states, in  the  interest
    3  of  the users of such bridges and tunnels and the general public, hereby
    4  agree  that  the construction, maintenance, operation and control of all
    5  such bridges and tunnels, heretofore or hereafter authorized by the  two
    6  said  states, shall be unified under the port authority, to the end that
    7  the tolls and other revenues therefrom shall be applied so far as  prac-
    8  ticable  to  the costs of the construction, maintenance and operation of
    9  said bridges and tunnels as a group and economies in operation effected,
   10  it being the policy of the two said states that such bridges and tunnels
   11  shall as a group be in all respects self-sustaining.
   12    S 302. Tunnels. 1.  In furtherance of the policy stated in section 201
   13  of this article, and in partial effectuation of the  comprehensive  plan
   14  adopted  by  the two said states for the development of the said port of
   15  New York district pursuant to  this  chapter,  the  control,  operation,
   16  tolls  and  other revenues of the vehicular tunnel, known as the Holland
   17  tunnel, under the Hudson river between the city of Jersey City  and  the
   18  city  of  New York, shall be vested in the port authority as hereinafter
   19  provided; and the port authority is hereby authorized and  empowered  to
   20  construct,  own,  maintain  and operate an interstate vehicular crossing
   21  under the Hudson river to consist of three tubes (hereinafter called the
   22  Midtown Hudson  tunnel),  together  with  such  approaches  thereto  and
   23  connections  with  highways  as the port authority may deem necessary or
   24  desirable.
   25    2. The entrances, exits and approaches  to  the  said  Midtown  Hudson
   26  tunnel,  on the New York side, shall be between West Thirty-fifth street
   27  and West Forty-first street and in the vicinity of Ninth avenue  and  to
   28  the  west  thereof,  in  the borough of Manhattan, city of New York. The
   29  approaches to the said Midtown Hudson tunnel  on  the  New  Jersey  side
   30  shall  be so located and constructed as to permit tunnel traffic to pass
   31  over or under the tracks of the New York, Susquehanna and Western  Rail-
   32  road Company and the Northern Railroad Company of New Jersey, immediate-
   33  ly west of the Palisades, without crossing the said tracks at grade, and
   34  as  to  permit  connections  with New Jersey state highway routes in the
   35  vicinity of the said tracks. The said Midtown Hudson tunnel  shall  have
   36  an appropriate entrance and exit in the township of Weehawken, county of
   37  Hudson, state of New Jersey.
   38    3.  The  control,  operation,  tolls  and  other  revenues of the said
   39  Holland tunnel and its entrance and exit plazas  and  of  all  real  and
   40  personal  property  appurtenant thereto or used in connection therewith,
   41  shall vest in the port  authority  upon  the  making  of  the  following
   42  payments by the port authority to each of the said two states:
   43    (a) An amount equal to the moneys contributed by such state toward the
   44  cost  of  construction of the said Holland tunnel, with interest thereon
   45  at the rate of four and one-quarter per centum per annum from  the  date
   46  or dates on which such moneys were contributed by such state to the date
   47  of the payment to such state;
   48    (b)  Less, however, the share of such state in the net revenues of the
   49  said tunnel to the date of the said payment, and less interest  on  such
   50  net  revenues  at  the rate of four and one-quarter per centum per annum
   51  from the dates on which the said net  revenues  were  received  by  such
   52  state to the date of the said payment;
   53    (c)  And  in the case of the payment to the state of New York, less an
   54  amount equal to the moneys which the said state has agreed to advance to
   55  the port authority (but which have not as yet been advanced to the  port
   56  authority)  in  aid  of  bridge  construction,  during  the fiscal years
       S. 3353                            21
    1  commencing in nineteen hundred thirty-one and nineteen  hundred  thirty-
    2  two,  pursuant to chapter seven hundred and sixty-one of the laws of New
    3  York of nineteen hundred twenty-six and chapter  three  hundred  of  the
    4  laws  of  New  York of nineteen hundred twenty-seven and acts amendatory
    5  thereof and supplemental thereto, discounted, however, in  the  case  of
    6  each  advance  at the rate of four and one-quarter per centum per annum,
    7  from the date of the said payment to the state of New York to  the  date
    8  upon  which  such  advance  is to be available pursuant to the aforesaid
    9  statutes.
   10    In computing interest as aforesaid upon the moneys contributed by each
   11  of the said two states toward the  cost  of  construction  of  the  said
   12  Holland  tunnel, such moneys shall be deemed to have been contributed by
   13  such state upon the first day of the month following  the  month  during
   14  which  there  were  presented to the comptroller of such state for audit
   15  and payment, the schedules and vouchers pursuant to  which  such  moneys
   16  were  paid.  In  computing  interest  as aforesaid upon the net revenues
   17  received by each of the said two states,  such  net  revenues  shall  be
   18  deemed  to  have  been  received  by  such state upon the date when such
   19  revenues were credited to such state or to the commission of such  state
   20  pursuant  to  paragraph  eleven  of  article  fourteen of the compact of
   21  December thirty, nineteen hundred nineteen, between the two said states.
   22    4. If the amount paid by the port authority to the state of New Jersey
   23  pursuant to subdivision three of this section  shall  be  less  than  an
   24  amount  which,  together with the moneys then in the sinking fund estab-
   25  lished by chapter three hundred and fifty-two of the laws of New  Jersey
   26  of  nineteen hundred twenty and chapter two hundred and sixty-two of the
   27  laws of New Jersey of nineteen hundred twenty-four,  hereinafter  called
   28  the  New  Jersey  Camden  bridge-Holland tunnel sinking fund (other than
   29  moneys set apart to pay interest for the  then  current  year  upon  the
   30  bonds of the state of New Jersey authorized by the aforesaid acts of the
   31  state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
   32  tunnel  bonds),  will  be  equal  to  the  principal  amount of the then
   33  outstanding New Jersey Camden bridge-Holland tunnel bonds, then  and  in
   34  such event, the port authority shall in addition pay to the state of New
   35  Jersey an amount which, together with the amount paid under and pursuant
   36  to  the  preceding section hereof and the moneys then in said New Jersey
   37  Camden bridge-Holland tunnel sinking fund, will be equal to the  princi-
   38  pal  amount  of  the  then  outstanding New Jersey Camden bridge-Holland
   39  tunnel bonds; and shall, moreover, pay to the state of New York  a  like
   40  amount.
   41    5.  The  amount payable by the port authority to the state of New York
   42  pursuant to subdivisions three and four of this section shall be paid by
   43  the port authority into the treasury of the state of New York  upon  the
   44  thirtieth  day  of  June,  nineteen hundred thirty-one, or at an earlier
   45  date at the option of the port authority on five  days'  notice  to  the
   46  comptroller  of the state of New York, upon a voucher signed and audited
   47  by the said comptroller, who is hereby authorized to consummate the said
   48  transaction.
   49    6. The amount payable by the port authority to the state of New Jersey
   50  pursuant to subdivisions three and four of this section shall be paid by
   51  the port authority to the sinking fund commission created by said  chap-
   52  ter  three  hundred  and fifty-two of the laws of New Jersey of nineteen
   53  hundred twenty and said chapter two hundred and sixty-two of the laws of
   54  New Jersey of nineteen hundred twenty-four, hereinafter called  the  New
   55  Jersey  Camden  bridge-Holland  tunnel  sinking fund commission upon the
   56  thirtieth day of June, nineteen hundred thirty-one, or such  other  date
       S. 3353                            22
    1  as  may  be agreed upon by the said sinking fund commission and the port
    2  authority, upon a voucher signed and audited by the  said  sinking  fund
    3  commission,  which  said  commission  is hereby authorized to consummate
    4  said transaction; and the said moneys shall be deposited in the said New
    5  Jersey  Camden  bridge-Holland  tunnel  sinking  fund, and shall for all
    6  purposes be deemed to be a part thereof and subject to the appropriation
    7  of the moneys in the said sinking fund, made by the  aforesaid  statutes
    8  of the state of New Jersey.
    9    7.  The  income and interest received from or accruing upon the moneys
   10  in the aforesaid New Jersey Camden bridge-Holland tunnel  sinking  fund,
   11  and from the investment thereof, shall be set apart and held by the said
   12  New  Jersey Camden bridge-Holland tunnel sinking fund commission for the
   13  payment of interest on New Jersey Camden  bridge-Holland  tunnel  bonds,
   14  and  shall  be  subject to the appropriation made of moneys so set apart
   15  and held, by the aforesaid statutes of the  state  of  New  Jersey,  and
   16  shall be applied to the payment of such interest.
   17    8.  Upon the making of the foregoing payments by the port authority to
   18  the two said states, the provisions of the compact of  December  thirty,
   19  nineteen  hundred nineteen, between the said two states, relating to the
   20  construction and operation of the said Holland tunnel,  as  amended,  so
   21  far  as  inconsistent herewith or with the rules, practice and procedure
   22  or general authority of the port authority, shall be and shall be deemed
   23  to be abrogated; and chapter four hundred and twenty-one of the laws  of
   24  New  York of nineteen hundred thirty, and chapter two hundred and forty-
   25  seven of the laws of New Jersey of nineteen hundred thirty,  making  the
   26  port authority the agent of the two states in connection with the opera-
   27  tion of the said Holland tunnel shall cease to be effective.
   28    S  303.  Bridges.    1.  Except as may be agreed upon between the port
   29  authority and the municipality in  which  they  shall  be  located,  the
   30  approaches  to the George Washington bridge hereafter constructed on the
   31  New York side shall be located as follows: between Amsterdam avenue  and
   32  Pinehurst  avenue,  the  approaches  shall  be  located between West One
   33  hundred seventy-eighth street and West One hundred seventy-ninth street;
   34  between Pinehurst avenue and Cabrini boulevard, the approaches shall  be
   35  between  West  One  hundred  seventy-eighth  street and West One hundred
   36  eightieth street;  between  Cabrini  boulevard  and  Haven  avenue,  the
   37  approaches  shall be between West One hundred seventy-seventh street and
   38  the line parallel to the northerly side of West  One  hundred  eightieth
   39  street  and  one  hundred twenty-five feet north of the building line on
   40  the north side thereof; between Haven avenue and Service street north of
   41  the George Washington bridge, the approaches shall be between the bridge
   42  and an extension of the building line on the northerly side of West  One
   43  hundred  eightieth  street. Except as so limited, the port authority may
   44  effectuate such approaches, connections, highway extensions  or  highway
   45  improvements  as it shall deem necessary or desirable in relation to the
   46  George Washington bridge, located in or extending across the counties in
   47  which such bridge is located, and, in  its  discretion,  may  do  so  by
   48  agreement  with  any other public agency; such agreement may provide for
   49  the  construction,  ownership,  maintenance   or   operation   of   such
   50  approaches, connections or highway extensions or highway improvements by
   51  such other public agency.
   52    2.  The  port  authority  is  hereby  authorized and empowered, in its
   53  discretion, to  construct,  own,  maintain  and  operate  in  Washington
   54  Heights  in  the borough of Manhattan, New York city, as an addition and
   55  improvement to the vehicular bridge over the Hudson river at  Fort  Lee,
   56  known as and hereinafter in this section referred to as the George Wash-
       S. 3353                            23
    1  ington  bridge,  a  bus passenger facility, by which is meant a facility
    2  consisting of one or more buildings, structures,  improvements,  loading
    3  or unloading areas, parking areas or other facilities necessary, conven-
    4  ient  or desirable in the opinion of the port authority for the accommo-
    5  dation of omnibuses  and  other  motor  vehicles  operated  by  carriers
    6  engaged in the transportation of passengers, or for the loading, unload-
    7  ing,  interchange  or  transfer  of such passengers or their baggage, or
    8  otherwise for the accommodation, use or convenience of  such  passengers
    9  or such carriers or their employees and for purposes incidental thereto.
   10    3.  Nothing  herein  contained  shall  be  deemed  to prevent the port
   11  authority from establishing, levying  and  collecting  tolls  and  other
   12  charges  in  connection  with such bus passenger facility in addition to
   13  and other than the tolls or charges established, levied and collected in
   14  connection with the George Washington bridge  or  any  other  bridge  or
   15  tunnel.
   16    S  304.  Studies and reporting.  The port authority shall from time to
   17  time make studies, surveys and investigations to determine the necessity
   18  and practicability of vehicular bridges and tunnels over or under inter-
   19  state waters within the port of New York district, in  addition  to  the
   20  Midtown  Hudson  tunnel  and Holland tunnel and to the George Washington
   21  bridge, Goethals bridge, Outerbridge Crossing and  Bayonne  bridge,  and
   22  report  to the governors and legislatures of the two states thereon. The
   23  port authority shall not proceed with the construction of any such addi-
   24  tional vehicular bridges and  tunnels  over  or  under  said  interstate
   25  waters  until hereafter expressly authorized by the two said states, but
   26  the second deck of the George Washington bridge shall be  considered  an
   27  addition  and  improvement to the said bridge and not such an additional
   28  vehicular bridge, and the port authority's power  and  authorization  to
   29  construct, own, maintain and operate said second deck for highway vehic-
   30  ular  or  rail  rapid transit traffic or both is hereby acknowledged and
   31  confirmed.
   32    S 305. Inspections.  The port authority shall inspect bridges  located
   33  within  the  state of New York and under the authority's jurisdiction in
   34  accordance with criteria established for  other  publicly-owned  bridges
   35  within the state.
   36    S 306. Construction, maintenance and operation.  1. The port authority
   37  shall,  so  far  as  it  deems it practicable, treat as a single unified
   38  operation the  construction,  maintenance  and  operation  of  the  said
   39  Midtown  Hudson  tunnel,  the  Holland tunnel, the two vehicular bridges
   40  over the Arthur Kill, the vehicular bridge over the Kill van  Kull,  the
   41  vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
   42  ular  bridges  or  tunnels  which  it  may construct or operate, raising
   43  moneys for the construction thereof and for the making of additions  and
   44  improvements  thereto  in whole or in part upon its own obligations, and
   45  establishing and levying such tolls and other charges  as  it  may  deem
   46  necessary  to secure from all of such bridges and tunnels as a group, at
   47  least sufficient revenue to meet the expenses of the construction, main-
   48  tenance and operation of such bridges and tunnels as  a  group,  and  to
   49  provide  for  the  payment  of  the  interest  upon and amortization and
   50  retirement of and the fulfillment of the terms of all  bonds  and  other
   51  securities  and  obligations  which  it  may  have issued or incurred in
   52  connection therewith.
   53    2. The additions and improvements to bridges and  tunnels  constructed
   54  or  operated  by  it  which  the  port authority is hereby authorized to
   55  effectuate shall include but not be limited to  parking  facilities,  by
   56  which  is  meant  transportation  facilities  consisting  of one or more
       S. 3353                            24
    1  areas, buildings, structures, improvements, or other  accommodations  or
    2  appurtenances  necessary,  convenient or desirable in the opinion of the
    3  port authority for the parking or storage of motor vehicles of users  of
    4  such bridges and tunnels and other members of the general public and for
    5  the  transfer  of the operators and passengers of such motor vehicles to
    6  and from omnibuses and other motor vehicles operated by carriers over or
    7  through such bridges or tunnels, and for purposes incidental thereto.
    8    3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
    9  authority  from  establishing,  levying  and  collecting tolls and other
   10  charges in connection with any parking facility in addition to and other
   11  than  the  tolls  or  charges  established,  levied  and  collected   in
   12  connection  with  the bridge or tunnel to which such parking facility is
   13  an addition and improvement or any other bridge or tunnel.
   14    4. The port authority shall not proceed with the construction  of  any
   15  parking  facility as an addition and improvement to any bridge or tunnel
   16  other than a parking facility in the township of  North  Bergen  in  the
   17  state  of  New Jersey at or in the vicinity of the Midtown Hudson tunnel
   18  and its approaches and connections, except as  heretofore  or  hereafter
   19  expressly authorized.
   20    5.  The  plans  of the connections with state or municipal highways of
   21  any vehicular bridge or tunnel which the port  authority  may  hereafter
   22  construct (including the plans of any additional connections of existing
   23  bridges  or  tunnels with state or municipal highways), shall be subject
   24  to the approval of the governor of the state in which  such  connections
   25  shall  be  located.  Either state may require by appropriate legislation
   26  that such connections shall be subject to the approval  of  the  munici-
   27  pality  of that state in which they shall be located; and in such event,
   28  the approval of such municipality shall be given as provided in  article
   29  one of this chapter.  Except as limited herein, the port authority shall
   30  determine all matters pertaining to such bridges and tunnels.
   31    6.  The  construction,  maintenance and operation of vehicular bridges
   32  and tunnels within the said port of New  York  district  (including  the
   33  said Holland tunnel and the said Midtown Hudson tunnel), are and will be
   34  in  all respects for the benefit of the people of the states of New York
   35  and New Jersey, for the increase of their commerce  and  prosperity  and
   36  for  the improvement of their health and living conditions; and the port
   37  authority shall be regarded  as  performing  an  essential  governmental
   38  function  in  undertaking  the  construction,  maintenance and operation
   39  thereof and in carrying out the provisions of law relating thereto,  and
   40  shall be required to pay no taxes or assessments upon any of the proper-
   41  ty acquired or used by it for such purposes.
   42    7.  If  for  any  of  the  purposes  of  this act (including temporary
   43  construction purposes, and the making of additions  or  improvements  to
   44  bridges  or  tunnels already constructed), the port authority shall find
   45  it necessary or convenient  to  acquire  any  real  property  as  herein
   46  defined,  whether  for  immediate  or future use, the port authority may
   47  find and determine that such property, whether a fee simple absolute  or
   48  a  lesser interest, is required for a 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  and with the exceptions hereinafter specifically noted, the said  deter-
   52  mination shall not be affected by the fact that such property has there-
   53  tofore  been  taken  for,  or  is then devoted to, a public use; but the
   54  public use in the hands or under the control of the port authority shall
   55  be deemed superior to the public use in the hands of any  other  person,
   56  association or corporation.
       S. 3353                            25
    1    8.  The port authority may acquire and is hereby authorized to acquire
    2  such property, whether a fee simple absolute or a  lesser  interest,  by
    3  the  exercise  of  the right of eminent domain under and pursuant to the
    4  provisions of the eminent domain procedure law of the state of New York,
    5  in  the  case of property located in such state, and revised statutes of
    6  New Jersey, Title 20:1-1 et seq., in the case  of  property  located  in
    7  such  state,  or  at  the  option  of  the port authority as provided in
    8  section fifteen of chapter forty-three of the  laws  of  New  Jersey  of
    9  nineteen  hundred  forty-seven, as amended, for the condemnation of real
   10  property for air terminal purposes, in the case of property  located  in
   11  such  state, or pursuant to such other and alternate procedure as may be
   12  provided by law.
   13    9. Where a person entitled to an award in the proceedings  to  acquire
   14  any  real  property  for any of the purposes of this article, remains in
   15  possession of such property after the time of the vesting  of  title  in
   16  the  port  authority,  the  reasonable value of his use and occupancy of
   17  such property subsequent to such time, as fixed by agreement or  by  the
   18  court  in  such  proceedings  or by any court of competent jurisdiction,
   19  shall be a lien against such award, subject only to liens of  record  at
   20  the time of the vesting of title in the port authority.
   21    10.  Nothing  herein contained shall be construed to prohibit the port
   22  authority from bringing any proceedings to remove a cloud  on  title  or
   23  such  other  proceedings  as  it may, in its discretion, deem proper and
   24  necessary, or  from  acquiring  any  such  property  by  negotiation  or
   25  purchase.
   26    11.  Anything in this act to the contrary notwithstanding, no property
   27  now or hereafter vested  in  or  held  by  any  county,  city,  borough,
   28  village,  township  or  other  municipality  shall  be taken by the port
   29  authority, without the  authority  or  consent  of  such  county,  city,
   30  borough,  village, township or other municipality as provided in article
   31  one of this chapter, provided that the state in which such county, city,
   32  borough, village, township or other municipality is located may  author-
   33  ize  such  property to be taken by the port authority by condemnation or
   34  the exercise of the right of eminent domain without  such  authority  or
   35  consent;  nor  shall anything herein impair or invalidate in any way any
   36  bonded indebtedness  of  the  state,  or  such  county,  city,  borough,
   37  village,  township  or  other municipality, nor impair the provisions of
   38  law regulating the payment into sinking funds of  revenue  derived  from
   39  municipal  property,  or  dedicating the revenues derived from municipal
   40  property, to a specific purpose. The port authority is hereby authorized
   41  and empowered to acquire from any such county, city,  borough,  village,
   42  township  or  other  municipality,  or  from  any other public agency or
   43  commission having jurisdiction in the premises, by agreement  therewith,
   44  and  such county, city, borough, village, township, municipality, public
   45  agency or commission, notwithstanding any contrary provision of law,  is
   46  hereby  authorized  and  empowered  to  grant and convey upon reasonable
   47  terms and conditions, any real property, which may be necessary for  the
   48  construction,  operation  and  maintenance  of such bridges and tunnels,
   49  including such real property as has already been  devoted  to  a  public
   50  use.  Each  of the two said states hereby consent to the use and occupa-
   51  tion of the real property of such state necessary for the  construction,
   52  operation and maintenance of bridges and tunnels constructed or operated
   53  pursuant  to  the  provisions  of this act, including lands of the state
   54  lying under water.
   55    12. The port authority and its duly authorized  agents  and  employees
   56  may  enter  upon  any  land in this state for the purpose of making such
       S. 3353                            26
    1  surveys, maps, or other examinations thereof as it may deem necessary or
    2  convenient for the purposes of this article.
    3    13.  The  term  "real  property" as used in this section is defined to
    4  include lands, structures, franchises, and interests in land,  including
    5  lands under water and riparian rights, and any and all things and rights
    6  usually included within the said term, and includes not only fees simple
    7  absolute  but  also  any  and  all  lesser interests, such as easements,
    8  rights of way, uses, leases, licenses and all other incorporeal  heredi-
    9  taments and every estate, interest or right, legal or equitable, includ-
   10  ing  terms of years, and liens thereon by way of judgments, mortgages or
   11  otherwise, and also claims for damage to real estate.
   12    14. Nothing herein contained shall be construed to authorize or permit
   13  the port authority to undertake the construction of any vehicular bridge
   14  or tunnel over or under  the  Arthur  Kill,  unless  or  until  adequate
   15  provision  has  been  made  by law for the protection of those advancing
   16  money upon the obligations of the port authority for the construction of
   17  the bridges mentioned in chapter two hundred and  ten  of  the  laws  of
   18  nineteen  hundred  twenty-five,  or  the  construction  of any vehicular
   19  bridge or tunnel over or under the Hudson river, at or north of Sixtieth
   20  street in the borough of Manhattan, city of New York,  unless  or  until
   21  adequate  provision  has  been  made  by law for the protection of those
   22  advancing money upon the obligations  of  the  port  authority  for  the
   23  construction  of  the  bridge  mentioned  in  chapter  seven hundred and
   24  sixty-one  of  the  laws  of  nineteen  hundred   twenty-six,   or   the
   25  construction  of  any  vehicular bridge or tunnel over or under the Kill
   26  van Kull unless or until adequate provision has been made by law for the
   27  protection of those advancing money upon the  obligations  of  the  port
   28  authority  for the construction of the bridge mentioned in chapter three
   29  hundred of the laws of nineteen hundred twenty-seven.
   30    S 307. Rules and regulations relating to tunnels and bridges.  1.  The
   31  port  authority  is hereby authorized to make and enforce such rules and
   32  regulations and to establish, levy and  collect  such  tolls  and  other
   33  charges  in  connection  with any vehicular bridges and tunnels which it
   34  may now or hereafter be authorized to own, construct, operate or control
   35  (including the said Holland tunnel and the said Midtown Hudson  tunnel),
   36  as  it  may  deem  necessary,  proper or desirable, which said tolls and
   37  charges shall be at  least  sufficient  to  meet  the  expenses  of  the
   38  construction,  operation and maintenance thereof, and to provide for the
   39  payment of, with interest upon, and the amortization and  retirement  of
   40  bonds  or  other securities or obligations issued or incurred for bridge
   41  or tunnel purposes.  There  shall  be  allocated  to  the  cost  of  the
   42  construction,  operation  and  maintenance  of such bridges and tunnels,
   43  such proportion of the general expenses of  the  port  authority  as  it
   44  shall deem properly chargeable thereto.
   45    2.  The  moneys  in  the  general  reserve  fund of the port authority
   46  (authorized by chapter five of  the  laws  of  New  Jersey  of  nineteen
   47  hundred  thirty-one,  as amended, and chapter forty-eight of the laws of
   48  New York of nineteen hundred thirty-one, as  amended  and  contained  by
   49  article  VI  of  this chapter) may be pledged in whole or in part by the
   50  port authority as security for or applied by it to  the  repayment  with
   51  interest of any moneys which it may raise upon bonds or other securities
   52  or  obligations  issued  or  incurred  from  time to time for any of the
   53  purposes of this article or secured in whole or in part by the pledge of
   54  the revenues of the port authority from any bridge or tunnel or both  so
   55  issued  or  incurred  and  so  secured;  and  the moneys in said general
   56  reserve fund may be applied by the port authority to the fulfillment  of
       S. 3353                            27
    1  any  other undertakings which it may assume to or for the benefit of the
    2  holders of any such bonds, securities or other obligations.
    3    3.  Subject  to  prior liens and pledges (and to the obligation of the
    4  port authority to apply revenues  to  the  maintenance  of  its  general
    5  reserve  fund  in the amount prescribed by the said statutes authorizing
    6  said fund), the revenues of the port authority  from  facilities  estab-
    7  lished,  constructed,  acquired  or  effectuated through the issuance or
    8  sale of bonds of the port authority secured by a pledge of  its  general
    9  reserve  fund  may  be  pledged  in  whole or in part as security for or
   10  applied by it to the repayment with interest of any moneys which it  may
   11  raise  upon  bonds or other securities or obligations issued or incurred
   12  from time to time for any of the purposes of this article or secured  in
   13  whole  or  in  part  by the pledge of the revenues of the port authority
   14  from any bridge or tunnel or both so issued or incurred and so  secured,
   15  and  said  revenues may be applied by the port authority to the fulfill-
   16  ment of any other undertakings which it may assume to or for the benefit
   17  of the holders of such bonds, securities or other obligations.
   18    In the event that at any time the balance of moneys  theretofore  paid
   19  into  the general reserve fund and not applied therefrom shall exceed an
   20  amount equal to one-tenth of the  par  value  of  all  bonds  legal  for
   21  investment, as defined and limited in the said statutes authorizing said
   22  fund,  issued  by  the  port authority and currently outstanding at such
   23  time, by reason of the retirement of bonds or other securities or  obli-
   24  gations  issued or incurred from time to time for any of the purposes of
   25  this article or secured in whole or in part by the pledge of the  reven-
   26  ues of the port authority from any bridge or tunnel or both so issued or
   27  incurred  and  so  secured,  the par value of which had theretofore been
   28  included in the computation of said one-tenth, then the  port  authority
   29  may  pledge or apply such excess for and only for the purposes for which
   30  it is authorized by the said statutes authorizing said  fund  to  pledge
   31  the  moneys  in  the general reserve fund and such pledge may be made in
   32  advance of the time when such excess may occur.
   33    S 308. Bonds.  1. The two said states covenant  and  agree  with  each
   34  other  and  with  the  holders of any bonds or other securities or obli-
   35  gations of the port authority, issued or incurred for bridge  or  tunnel
   36  purposes  and  as  security  for which there may or shall be pledged the
   37  tolls and revenues or any part thereof of any vehicular bridge or tunnel
   38  (including the said Holland tunnel and the said Midtown Hudson  tunnel),
   39  that the two said states will not, so long as any of such bonds or other
   40  obligations  remain outstanding and unpaid, diminish or impair the power
   41  of the port authority to establish, levy and  collect  tolls  and  other
   42  charges  in connection therewith; and that the two said states will not,
   43  so long as any of such bonds or other obligations remain outstanding and
   44  unpaid, authorize the construction of any vehicular bridges  or  tunnels
   45  over  or  under interstate waters as herein defined within the said port
   46  of New York district, by any person or body other than the port authori-
   47  ty, in competition with those whose tolls or other revenues are  pledged
   48  as  aforesaid; provided that nothing herein contained shall be deemed to
   49  refer to the bridge authorized by the act of congress  of  July  eleven,
   50  eighteen  hundred  ninety,  chapter six hundred and sixty-nine, and acts
   51  amendatory thereof and supplemental thereto; and provided  further  that
   52  nothing  herein  contained  shall  preclude  the  authorization  of  the
   53  construction of such competitive tunnels or bridges by other persons  or
   54  bodies  if  and  when  adequate  provision  shall be made by law for the
   55  protection of those advancing money upon such obligations.
       S. 3353                            28
    1    2. The bonds or other securities or obligations which may be issued or
    2  incurred by the port authority pursuant to this article, or as  security
    3  for  which there may be pledged the tolls and other revenues or any part
    4  thereof of any vehicular bridge or tunnel (including  the  said  Holland
    5  tunnel  and  the said Midtown Hudson tunnel) now or hereafter authorized
    6  by the two said states or both so issued or incurred and so secured, are
    7  hereby made securities in which all state  and  municipal  officers  and
    8  bodies,  all banks, bankers, trust companies, savings banks, savings and
    9  loan associations, investment companies and other persons carrying on  a
   10  banking  business,  all  insurance companies, insurance associations and
   11  other persons carrying on an insurance business, and all administrators,
   12  executors, guardians, trustees  and  other  fiduciaries  and  all  other
   13  persons  whatsoever who are now or may hereafter be authorized to invest
   14  in bonds or other obligations of the state,  may  properly  and  legally
   15  invest  any  funds, including capital, belonging to them or within their
   16  control; and said bonds or other securities or  obligations  are  hereby
   17  made  securities  which  may  properly and legally be deposited with and
   18  shall be received by any state or municipal officer or  agency  for  any
   19  purpose  for  which  the  deposit  of bonds or other obligations of this
   20  state is now or may hereafter be authorized.
   21    S 309. Compact.  1. This section and the preceding  sections  of  this
   22  article,  constitute an agreement between the states of New York and New
   23  Jersey supplementary to the compact between the two states  dated  April
   24  thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
   25  be liberally construed to effectuate the purposes of said compact and of
   26  the comprehensive plan heretofore adopted by the  two  states,  and  any
   27  powers  granted to the port authority by this article shall be deemed to
   28  be in aid of and supplementary to and in no case a limitation  upon  the
   29  powers  heretofore  vested  in the port authority by the two said states
   30  and/or by congress, except as herein otherwise provided.
   31    2. Any declarations contained in this  article  with  respect  to  the
   32  governmental  nature  of  bridges  and  tunnels  and to the exemption of
   33  bridge and tunnel property from taxation and to the  discretion  of  the
   34  port authority with respect to bridge and tunnel operations shall not be
   35  construed to imply that other port authority property and operations are
   36  not  of  a governmental nature, or that they are subject to taxation, or
   37  that the determinations of the port authority with respect  thereto  are
   38  not conclusive.
   39    3.  The  powers vested in the port authority herein (including but not
   40  limited to the powers to acquire real property by  condemnation  and  to
   41  make  or effectuate additions, improvements, approaches and connections)
   42  shall be continuing powers and no exercise thereof shall  be  deemed  to
   43  exhaust them or any of them.
   44    4.  Nothing herein contained shall be construed to affect, diminish or
   45  impair the rights and obligations created by, or to repeal  any  of  the
   46  provisions  of  chapter  three  hundred and fifty-two of the laws of New
   47  Jersey of nineteen hundred twenty and chapter two hundred and  sixty-two
   48  of the laws of New Jersey of nineteen hundred twenty-four.
   49    5.  If,  however,  any loss shall be suffered by or accrue to the said
   50  sinking fund, and if, after the  making  of  the  payment  by  the  port
   51  authority  to  the  state  of  New  Jersey as hereinbefore provided, the
   52  moneys in the said sinking fund shall at any time be or become less than
   53  an amount equal to the principal amount of the then currently  outstand-
   54  ing  New Jersey Camden bridge-Holland tunnel bonds, or if the income and
   55  interest currently received from or currently accruing upon  the  moneys
   56  in  the  said  sinking  fund  shall be or become insufficient to pay the
       S. 3353                            29
    1  interest currently accruing upon or currently payable in connection with
    2  the aforesaid New Jersey Camden bridge-Holland tunnel bonds,  the  state
    3  of New Jersey represents and agrees that it will make good such deficits
    4  out of sources other than revenues from the said Holland tunnel.
    5    6.  The  said payment by the port authority to the state of New Jersey
    6  constitutes repayment for all  moneys  contributed  by  the  said  state
    7  toward  the  cost  of construction of the said Holland tunnel, including
    8  the moneys diverted and appropriated by chapter three hundred and  nine-
    9  teen  of the laws of New Jersey of nineteen hundred twenty-six and chap-
   10  ter fifty-eight of the laws of New Jersey of  nineteen  hundred  twenty-
   11  seven  from the road fund, created by chapter fifteen of the laws of New
   12  Jersey of nineteen hundred seventeen. The requirement of chapter  fifty-
   13  eight  of  the  laws of New Jersey of nineteen hundred twenty-seven that
   14  the said moneys diverted and appropriated by the said  statutes  of  the
   15  state  of  New  Jersey  shall  be returned and credited to the said road
   16  fund, with interest, shall be and shall be deemed to  be  satisfied  and
   17  discharged  so far as it relates to the revenues arising from the opera-
   18  tion of the said Holland tunnel.
   19    7. The provisions of this section  shall  constitute  a  covenant  and
   20  agreement  by  the  state  of New York with the state of New Jersey, the
   21  port authority and the holders of any bonds or other obligations of  the
   22  port  authority,  as  security  for which the tolls and revenues of said
   23  Holland tunnel may be pledged.
   24    8. Nothing herein contained shall be construed to impair  in  any  way
   25  the  obligation  of the port authority to repay to the two states any or
   26  all advances made by them  to  the  port  authority  in  aid  of  bridge
   27  construction.
   28                                 ARTICLE IV
   29            THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
   30                             NEW JERSEY COMPACT
   31  Section 400. Compact.
   32    S 400. Compact. The "waterfront and airport commission of New York and
   33  New Jersey compact" as first enacted by chapter eight hundred eighty-two
   34  of  the laws of nineteen hundred fifty-three is hereby continued to read
   35  as follows:
   36                                   PART I
   37    Section 1. Compact.   The state of New York  hereby  agrees  with  the
   38  state  of  New  Jersey, upon the enactment by the state of New Jersey of
   39  legislation having the same effect as this  section,  to  the  following
   40  compact:
   41                                  ARTICLE I
   42                          FINDINGS AND DECLARATIONS
   43    1.  The states of New York and New Jersey hereby find and declare that
   44  the conditions under which waterfront labor is employed within the  port
   45  of New York district are depressing and degrading to such labor, result-
   46  ing  from  the  lack  of  any  systematic  method of hiring, the lack of
   47  adequate information as  to  the  availability  of  employment,  corrupt
   48  hiring  practices  and  the fact that persons conducting such hiring are
   49  frequently criminals and persons notoriously lacking in moral  character
   50  and integrity and neither responsive or responsible to the employers nor
   51  to the uncoerced will of the majority of the members of the labor organ-
   52  izations  of the employees;  that as a result waterfront laborers suffer
   53  from irregularity of employment, fear and insecurity,  inadequate  earn-
       S. 3353                            30
    1  ings,  an unduly high accident rate, subjection to borrowing at usurious
    2  rates of interest, exploitation and extortion as the price  of  securing
    3  employment  and a loss of respect for the law;  that not only does there
    4  result  a destruction of the dignity of an important segment of American
    5  labor, but a direct encouragement of  crime  which  imposes  a  levy  of
    6  greatly  increased  costs on food, fuel and other necessaries handled in
    7  and through the port of New York district.
    8    2. 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 practices of public loaders at  piers  and  other
   11  waterfront  terminals;  that such public loaders serve no valid economic
   12  purpose and operate as parasites exacting a high and unwarranted toll on
   13  the flow of commerce in and through the port of New York  district,  and
   14  have  used  force  and  engaged in discriminatory and coercive practices
   15  including extortion against persons not desiring to employ  them;    and
   16  that  the  function of loading and unloading trucks and other land vehi-
   17  cles  at  piers  and  other  waterfront  terminals  can  and  should  be
   18  performed,  as in every other major American port, without the evils and
   19  abuses of the public loader system, and by the carriers  of  freight  by
   20  water,  stevedores  and  operators  of  such  piers and other waterfront
   21  terminals or the operators of such trucks or other land vehicles.
   22    3. The states of New York and New Jersey hereby find and declare  that
   23  many  of the evils above described result not only from the causes above
   24  described but from the lack of regulation of the  occupation  of  steve-
   25  dores;  that such stevedores have engaged in corrupt practices to induce
   26  their  hire  by  carriers of freight by water and to induce officers and
   27  representatives of labor organizations to  betray  their  trust  to  the
   28  members of such labor organizations.
   29    4.  The states of New York and New Jersey hereby find and declare that
   30  the  occupations  of  longshoremen,  stevedores,  pier  superintendents,
   31  hiring  agents  and  port  watchmen  are affected with a public interest
   32  requiring their regulation and that such regulation shall be  deemed  an
   33  exercise of the police power of the two states for the protection of the
   34  public  safety, welfare, prosperity, health, peace and living conditions
   35  of the people of the two states.
   36                                 ARTICLE II
   37                                 DEFINITIONS
   38    As used in this compact:
   39    1. "The port of New York district" shall mean the district created  by
   40  article  II of the compact dated April thirtieth, nineteen hundred twen-
   41  ty-one, between the states of New York and  New  Jersey,  authorized  by
   42  chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
   43  hundred twenty-one and continued by article I of this chapter, and chap-
   44  ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
   45  twenty-one.
   46    2.  "Commission"  shall  mean the waterfront and airport commission of
   47  New York and New Jersey established by article III of this compact.
   48    3. "Pier" shall include any wharf, pier, dock or quay.
   49    4. "Other waterfront terminal" shall include any warehouse,  depot  or
   50  other  terminal (other than a pier) which is located within one thousand
   51  yards of any pier in the port of New York district and which is used for
   52  waterborne freight in whole or substantial part.
   53    5. "Person" shall mean not only a natural person but also any partner-
   54  ship, joint venture, association, corporation or any other legal  entity
       S. 3353                            31
    1  but  shall not include the United States, any state or territory thereof
    2  or any department, division, board, commission or authority  of  one  or
    3  more of the foregoing.
    4    6.  "Carrier  of  freight  by  water" shall mean any person who may be
    5  engaged or who may hold himself out as willing to be engaged, whether as
    6  a common carrier,  as  a  contract  carrier  or  otherwise  (except  for
    7  carriage  of  liquid  cargoes  in  bulk in tank vessels designed for use
    8  exclusively in such  service  or  carriage  by  barge  of  bulk  cargoes
    9  consisting of only a single commodity loaded or carried without wrappers
   10  or  containers  and delivered by the carrier without transportation mark
   11  or count) in the carriage of freight by water between any point  in  the
   12  port of New York district and a point outside said district.
   13    7. "Waterborne freight" shall mean freight carried by or consigned for
   14  carriage by carriers of freight by water.
   15    8.  "Longshoreman"  shall  mean  a natural person, other than a hiring
   16  agent, who is employed for work at a pier or other waterfront  terminal,
   17  either by a carrier of freight by water or by a stevedore:
   18    (a) physically to move waterborne freight on vessels berthed at piers,
   19  on piers or at other waterfront terminals, or
   20    (b)  to engage in direct and immediate checking of any such freight or
   21  of the custodial accounting therefor or in the recording  or  tabulation
   22  of  the  hours  worked at piers or other waterfront terminals by natural
   23  persons employed by carriers of freight by water or stevedores, or
   24    (c) to supervise directly and immediately others who are  employed  as
   25  in subdivision (a) of this section.
   26    9.  "Pier  superintendent"  shall mean any natural person other than a
   27  longshoreman who is employed for work at  a  pier  or  other  waterfront
   28  terminal  by a carrier of freight by water or a stevedore and whose work
   29  at such pier or other  waterfront  terminal  includes  the  supervision,
   30  directly or indirectly, of the work of longshoremen.
   31    10.  "Port  watchman"  shall include any watchman, gateman, roundsman,
   32  detective, guard, guardian or protector  of  property  employed  by  the
   33  operator  of  any  pier  or other waterfront terminal or by a carrier of
   34  freight by water to perform services in such capacity  on  any  pier  or
   35  other waterfront terminal.
   36    11.  "Longshoremen's  register"  shall  mean  the register of eligible
   37  longshoremen compiled and maintained by the commission pursuant to arti-
   38  cle VIII of this compact.
   39    12. "Stevedore" shall mean a contractor (not  including  an  employee)
   40  engaged  for  compensation  pursuant to a contract or arrangement with a
   41  carrier of freight by water, in moving  waterborne  freight  carried  or
   42  consigned  for  carriage  by  such  carrier  on  vessels of such carrier
   43  berthed at piers, on piers at which such vessels are berthed or at other
   44  waterfront terminals.
   45    13. "Hiring agent" shall mean any natural person, who on behalf  of  a
   46  carrier of freight by water or a stevedore shall select any longshoreman
   47  for employment.
   48    14.  "Compact"  shall  mean  this  compact  and  rules  or regulations
   49  lawfully promulgated thereunder.
   50                                 ARTICLE III
   51        WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND NEW JERSEY
   52    1. There is hereby created the waterfront and  airport  commission  of
   53  New York and New Jersey, which shall be a body corporate and politic, an
   54  instrumentality of the states of New York and New Jersey.
       S. 3353                            32
    1    2.  The  commission shall consist of four members, two to be chosen by
    2  the state of New Jersey and two to be chosen by the state of  New  York.
    3  The  members  representing each state shall be appointed by the governor
    4  of such state with the advice and consent of the senate thereof, without
    5  regard  to  the  state  of  residence of such members, and shall receive
    6  compensation to be fixed by the governor of such state.    The  term  of
    7  office  of  each member shall be for four years; provided, however, that
    8  the two present members of the  commission  heretofore  appointed  shall
    9  continue  to  serve  as  members  until the expiration of the respective
   10  terms for which they were appointed,  that  the  term  of  the  two  new
   11  members  shall expire on June thirtieth, nineteen hundred seventy-three,
   12  and that the term of the successors to the present members shall  expire
   13  on  June  thirtieth,  nineteen hundred seventy-five.   Each member shall
   14  hold office until  his  successor  has  been  appointed  and  qualified.
   15  Vacancies  in  office  shall  be filled for the balance of the unexpired
   16  term in the same manner as original appointments.
   17    3. Three members of the commission shall constitute a quorum;  but the
   18  commission shall act only by a majority vote of all its  members.    Any
   19  member may, by written instrument filed in the office of the commission,
   20  designate  any officer or employee of the commission to act in his place
   21  as a member whenever he shall be unable  to  attend  a  meeting  of  the
   22  commission.    A vacancy in the office of a member shall not impair such
   23  designation until the vacancy shall have been filled.    The  commission
   24  shall  elect  one  of its members to serve as chairman for a term of one
   25  year;  provided, however, that the term  of  the  first  chairman  shall
   26  expire  on  June  thirtieth, nineteen hundred seventy-one.  The chairman
   27  shall represent a state other than the state represented  by  the  imme-
   28  diately preceding chairman.
   29                                 ARTICLE IV
   30                        GENERAL POWERS OF COMMISSION
   31    In  addition  to  the  powers  and duties elsewhere prescribed in this
   32  compact, the commission shall have the power:
   33    1. To sue and be sued;
   34    2. To have a seal and alter the same at pleasure;
   35    3. To acquire, hold and dispose of real and personal property by gift,
   36  purchase, lease, license or other  similar  manner,  for  its  corporate
   37  purposes;
   38    4.  To  determine the location, size and suitability of accommodations
   39  necessary and desirable for the establishment  and  maintenance  of  the
   40  employment  information  centers provided in article XII of this compact
   41  and for administrative offices for the commission;
   42    5. To appoint such officers, agents  and  employees  as  it  may  deem
   43  necessary,  prescribe  their  powers,  duties and qualifications and fix
   44  their compensation and retain and employ counsel and private consultants
   45  on a contract basis or otherwise;
   46    6. To administer and enforce the provisions of this compact;
   47    7. To make and enforce such rules and regulations  as  the  commission
   48  may  deem  necessary  to  effectuate  the purposes of this compact or to
   49  prevent the circumvention or  evasion  thereof,  to  be  effective  upon
   50  publication  in the manner which the commission shall prescribe and upon
   51  filing in the office of the secretary of state of each state.  A  certi-
   52  fied  copy  of  any  such  rules  and  regulations, attested as true and
   53  correct by the commission, shall be presumptive evidence of the  regular
   54  making, adoption, approval and publication thereof;
       S. 3353                            33
    1    8.  By  its  members  and its properly designated officers, agents and
    2  employees, to administer oaths and issue subpoenas to compel the attend-
    3  ance of witnesses and the giving of  testimony  and  the  production  of
    4  other evidence;
    5    9.  To  have  for  its  members  and its properly designated officers,
    6  agents and employees, full and free access, ingress and  egress  to  and
    7  from  all  vessels, piers and other waterfront terminals or other places
    8  in the port of New York district, for the purposes of making  inspection
    9  or  enforcing  the  provisions  of  this  compact;   and no person shall
   10  obstruct or in any way interfere with any such member, officer, employee
   11  or agent in the making of such inspection, or in the enforcement of  the
   12  provisions  of  this compact or in the performance of any other power or
   13  duty under this compact;
   14    10. To recover possession of any suspended or revoked  license  issued
   15  under this compact;
   16    11. To make investigations, collect and compile information concerning
   17  waterfront  practices generally within the port of New York district and
   18  upon all matters relating to the accomplishment  of  the  objectives  of
   19  this compact;
   20    12.  To  advise and consult with representatives of labor and industry
   21  and with public officials and agencies concerned with  the  effectuation
   22  of  the  purposes of this compact, upon all matters which the commission
   23  may desire, including but not limited to the form and substance of rules
   24  and regulations, the administration of the compact, maintenance  of  the
   25  longshoremen's register, and issuance and revocation of licenses;
   26    13. To make annual and other reports to the governors and legislatures
   27  of  both  states  containing  recommendations for the improvement of the
   28  conditions of waterfront labor within the port of New York district, for
   29  the alleviation of the evils described in article I and for the effectu-
   30  ation of the purposes of this compact.  Such annual reports shall  state
   31  the  commission's  finding  and  determination  as to whether the public
   32  necessity still exists for (a) the continued registration of  longshore-
   33  men,  (b)  the  continued  licensing  of  any  occupation  or employment
   34  required to be licensed hereunder and (c) the continued public operation
   35  of the employment information centers provided for  in  article  XII  of
   36  this compact;
   37    14.  To  cooperate  with  and  receive  from any department, division,
   38  bureau, board, commission, or agency of either or both states, or of any
   39  county or municipality thereof, such assistance and data as will  enable
   40  it  properly  to  carry  out  its  powers and duties hereunder;   and to
   41  request any such department, division,  bureau,  board,  commission,  or
   42  agency,  with  the consent thereof, to execute such of its functions and
   43  powers, as the public interest may require.
   44    15. The powers and duties of the commission may be exercised by  offi-
   45  cers,  employees and agents designated by them, except the power to make
   46  rules and regulations.  The commission shall have such additional powers
   47  and duties as may hereafter be delegated to or imposed upon it from time
   48  to time by the action of the legislature of either state concurred in by
   49  the legislature of the other.
   50                                  ARTICLE V
   51                   PIER SUPERINTENDENTS AND HIRING AGENTS
   52    1. On or after the first day  of  December,  nineteen  hundred  fifty-
   53  three, no person shall act as a pier superintendent or as a hiring agent
   54  within  the port of New York district without first having obtained from
       S. 3353                            34
    1  the commission a license to act as such pier  superintendent  or  hiring
    2  agent,  as the case may be, and no person shall employ or engage another
    3  person to act as a pier superintendent or hiring agent  who  is  not  so
    4  licensed.
    5    2.  A license to act as a pier superintendent or hiring agent shall be
    6  issued only upon the written application,  under  oath,  of  the  person
    7  proposing  to employ or engage another person to act as such pier super-
    8  intendent or hiring agent, verified by the prospective  licensee  as  to
    9  the matters concerning him, and shall state the following:
   10    (a) The full name and business address of the applicant;
   11    (b)  The  full  name,  residence, business address (if any), place and
   12  date of birth and social security number of the prospective licensee;
   13    (c) The present and previous occupations of the prospective  licensee,
   14  including  the places where he was employed and the names of his employ-
   15  ers;
   16    (d) Such further facts and evidence as may be required by the  commis-
   17  sion  to ascertain the character, integrity and identity of the prospec-
   18  tive licensee;  and
   19    (e) That if a license is  issued  to  the  prospective  licensee,  the
   20  applicant  will  employ  such  licensee as pier superintendent or hiring
   21  agent, as the case may be.
   22    3. No such license shall be granted
   23    (a) Unless the commission shall  be  satisfied  that  the  prospective
   24  licensee possesses good character and integrity;
   25    (b)  If  the prospective licensee has, without subsequent pardon, been
   26  convicted by a court of the United States, or  any  state  or  territory
   27  thereof,  of  the commission of, or the attempt or conspiracy to commit,
   28  treason, murder, manslaughter or any felony or high misdemeanor  or  any
   29  of  the following misdemeanors or offenses: illegally using, carrying or
   30  possessing a pistol or other  dangerous  weapon;  making  or  possessing
   31  burglar's  instruments;  buying  or  receiving stolen property; unlawful
   32  entry of a building; aiding an escape from prison;  unlawfully  possess-
   33  ing,  possessing  with  intent  to distribute, sale or distribution of a
   34  controlled dangerous substance (controlled substance) or, in New Jersey,
   35  a controlled dangerous substance analog (controlled  substance  analog);
   36  and  violation of this compact. Any such prospective licensee ineligible
   37  for a license by reason of any such conviction may  submit  satisfactory
   38  evidence  to  the  commission  that he has for a period of not less than
   39  five years, measured as hereinafter provided, and  up  to  the  time  of
   40  application,  so  conducted  himself  as  to  warrant  the grant of such
   41  license, in which event the commission may, in its discretion, issue  an
   42  order  removing  such  ineligibility. The aforesaid period of five years
   43  shall be measured either from the date of payment of  any  fine  imposed
   44  upon  such  person or the suspension of sentence or from the date of his
   45  unrevoked release from custody by parole, commutation or termination  of
   46  his sentence;
   47    (c)  If  the  prospective licensee knowingly or wilfully advocates the
   48  desirability of overthrowing or destroying the government of the  United
   49  States  by force or violence or shall be a member of a group which advo-
   50  cates such desirability, knowing the purposes of such group include such
   51  advocacy.
   52    4. When the application shall have  been  examined  and  such  further
   53  inquiry  and  investigation made as the commission shall deem proper and
   54  when the commission shall be satisfied therefrom  that  the  prospective
   55  licensee  possesses  the  qualifications  and requirements prescribed in
   56  this article, the commission shall issue and deliver to the  prospective
       S. 3353                            35
    1  licensee a license to act as pier superintendent or hiring agent for the
    2  applicant,  as  the  case  may be, and shall inform the applicant of his
    3  action.  The commission may issue a temporary permit to any  prospective
    4  licensee  for  a  license  under  the provisions of this article pending
    5  final action on an application made for such a license.  Any such permit
    6  shall be valid for a period not in excess of thirty days.
    7    5. No person shall be licensed to act  as  a  pier  superintendent  or
    8  hiring  agent  for  more  than  one employer, except at a single pier or
    9  other  waterfront  terminal,  but  nothing  in  this  article  shall  be
   10  construed  to  limit  in  any  way the number of pier superintendents or
   11  hiring agents any employer may employ.
   12    6. A license granted pursuant to this article shall  continue  through
   13  the duration of the licensee's employment by the employer who shall have
   14  applied for his license.
   15    7.  Any  license  issued  pursuant  to  this article may be revoked or
   16  suspended for such period as the commission deems in the public interest
   17  or the licensee thereunder may be reprimanded for any of  the  following
   18  offenses:
   19    (a)  Conviction of a crime or act by the licensee or other cause which
   20  would require or permit his disqualification from  receiving  a  license
   21  upon original application;
   22    (b)  Fraud, deceit or misrepresentation in securing the license, or in
   23  the conduct of the licensed activity;
   24    (c) Violation of any of the provisions of this compact;
   25    (d) Conviction of a crime involving unlawfully possessing,  possession
   26  with  intent to distribute, sale or distribution of a controlled danger-
   27  ous substance (controlled substance) or, in  New  Jersey,  a  controlled
   28  dangerous substance analog (controlled substance analog);
   29    (e)  Employing,  hiring  or  procuring any person in violation of this
   30  compact or inducing or  otherwise  aiding  or  abetting  any  person  to
   31  violate the terms of this compact;
   32    (f)  Paying, giving, causing to be paid or given or offering to pay or
   33  give to any person any  valuable  consideration  to  induce  such  other
   34  person  to violate any provision of this compact or to induce any public
   35  officer, agent or employee to fail to perform his duty hereunder;
   36    (g) Consorting with known criminals for an unlawful purpose;
   37    (h) Transfer or surrender of possession of the license to  any  person
   38  either temporarily or permanently without satisfactory explanation;
   39    (i) False impersonation of another licensee under this compact;
   40    (j) Receipt or solicitation of anything of value from any person other
   41  than  the  licensee's  employer  as  consideration  for the selection or
   42  retention for employment of any longshoreman;
   43    (k) Coercion of a longshoreman by threat of discrimination or violence
   44  or economic reprisal, to make purchases from or to utilize the  services
   45  of any person;
   46    (l)  Lending  any  money to or borrowing any money from a longshoreman
   47  for which there is a charge of interest or other consideration;  and
   48    (m) Membership in a labor organization which  represents  longshoremen
   49  or  port  watchmen;    but  nothing  in  this section shall be deemed to
   50  prohibit pier superintendents or hiring agents from being represented by
   51  a labor organization or organizations which do not also represent  long-
   52  shoremen  or  port  watchmen.    The  American  Federation of Labor, the
   53  Congress of Industrial Organizations and any other  similar  federation,
   54  congress or other organization of national or international occupational
   55  or  industrial  labor organizations shall not be considered an organiza-
   56  tion which represents longshoremen or port watchmen within  the  meaning
       S. 3353                            36
    1  of  this  section  although  one  of  the federated or constituent labor
    2  organizations thereof may represent longshoremen or port watchmen.
    3                                 ARTICLE VI
    4                                 STEVEDORES
    5    1.  On  or  after  the  first day of December, nineteen hundred fifty-
    6  three, no person shall act as a stevedore within the port  of  New  York
    7  district  without  having  first obtained a license from the commission,
    8  and no person shall employ a stevedore to perform services as such with-
    9  in the port of New York district unless the stevedore is so licensed.
   10    2. Any person intending to act as a stevedore within the port  of  New
   11  York  district  shall  file  in  the  office of the commission a written
   12  application for a license to engage in such occupation, duly signed  and
   13  verified as follows:
   14    (a)  If  the  applicant  is a natural person, the application shall be
   15  signed and verified by such person and if the applicant  is  a  partner-
   16  ship,  the  application  shall  be  signed  and verified by each natural
   17  person composing or intending to compose such partnership. The  applica-
   18  tion  shall  state  the  full name, age, residence, business address (if
   19  any), present and previous occupations of each natural person so signing
   20  the same, and any other facts and evidence as may  be  required  by  the
   21  commission  to  ascertain  the character, integrity and identity of each
   22  natural person so signing such application.
   23    (b) If the applicant is a corporation, the application shall be signed
   24  and verified by the president,  secretary  and  treasurer  thereof,  and
   25  shall  specify  the  name  of the corporation, the date and place of its
   26  incorporation, the location of its  principal  place  of  business,  the
   27  names and addresses of, and the amount of the stock held by stockholders
   28  owning  5 per cent or more of any of the stock thereof, and of all offi-
   29  cers (including all members of the board of directors).    The  require-
   30  ments of subdivision (a) of this section as to a natural person who is a
   31  member  of  a  partnership, and such requirements as may be specified in
   32  rules and regulations promulgated by the commission, shall apply to each
   33  such officer or stockholder and their successors in office  or  interest
   34  as the case may be.
   35    (c)  In the event of the death, resignation or removal of any officer,
   36  and in the event of any change in the list of stockholders who shall own
   37  five per cent or more of the stock of the corporation, the secretary  of
   38  such  corporation shall forthwith give notice of that fact in writing to
   39  the commission, certified by said secretary.
   40    3. No such license shall be granted
   41    (a) If any person whose signature or name appears in  the  application
   42  is  not the real party in interest required by section two of this arti-
   43  cle to sign or to be identified in the application or if the  person  so
   44  signing  or  named in the application is an undisclosed agent or trustee
   45  for any such real party in interest;
   46    (b) Unless the commission shall be satisfied that  the  applicant  and
   47  all  members,  officers and stockholders required by section two of this
   48  article to sign or be identified in the application for license  possess
   49  good character and integrity;
   50    (c)  Unless  the  applicant is either a natural person, partnership or
   51  corporation;
   52    (d) Unless the applicant shall be a party to a contract then in  force
   53  or which will take effect upon the issuance of a license, with a carrier
   54  of  freight  by  water for the loading and unloading by the applicant of
       S. 3353                            37
    1  one or more vessels of such carrier at a pier within  the  port  of  New
    2  York district;
    3    (e) If the applicant or any member, officer or stockholder required by
    4  section  two of this article to sign or be identified in the application
    5  for license has, without subsequent pardon, been convicted by a court of
    6  the United States or any state or territory thereof  of  the  commission
    7  of, or the attempt or conspiracy to commit, treason, murder, manslaught-
    8  er  or  any  felony  or  high  misdemeanor or any of the misdemeanors or
    9  offenses described in subdivision (b) of section three of article  V  of
   10  this  compact.  Any  applicant ineligible for a license by reason of any
   11  such conviction may submit satisfactory evidence to the commission  that
   12  the  person  whose  conviction  was the basis of ineligibility has for a
   13  period of not less than five years, measured as hereinafter provided and
   14  up to the time of application, so conducted himself as  to  warrant  the
   15  grant  of  such  license,  in  which  event  the  commission may, in its
   16  discretion issue an order removing  such  ineligibility.  The  aforesaid
   17  period  of  five years shall be measured either from the date of payment
   18  of any fine imposed upon such person or the suspension  of  sentence  or
   19  from  the  date  of his unrevoked release from custody by parole, commu-
   20  tation or termination of his sentence;
   21    (f) If, on or after July  first,  nineteen  hundred  fifty-three,  the
   22  applicant  has paid, given, caused to have been paid or given or offered
   23  to pay or give to any officer or employee of any carrier of  freight  by
   24  water  any valuable consideration for an improper or unlawful purpose or
   25  to induce such person to procure the employment of the applicant by such
   26  carrier for the performance of stevedoring services;
   27    (g) If, on or after July  first,  nineteen  hundred  fifty-three,  the
   28  applicant  has paid, given, caused to be paid or given or offered to pay
   29  or give to any officer or representative of  a  labor  organization  any
   30  valuable  consideration for an improper or unlawful purpose or to induce
   31  such officer or representative to  subordinate  the  interests  of  such
   32  labor  organization  or  its members in the management of the affairs of
   33  such labor organization to the interests of the applicant.
   34    4. When the application shall have  been  examined  and  such  further
   35  inquiry  and  investigation made as the commission shall deem proper and
   36  when the commission shall be  satisfied  therefrom  that  the  applicant
   37  possesses  the  qualifications and requirements prescribed in this arti-
   38  cle, the commission shall issue and deliver a license to such applicant.
   39  The commission may issue a temporary  permit  to  any  applicant  for  a
   40  license  under the provisions of this article pending final action on an
   41  application made for such a license.  Any such permit shall be valid for
   42  a period not in excess of thirty days.
   43    5. A license granted pursuant to this article shall be for a  term  of
   44  two  years  or fraction of such two year period, and shall expire on the
   45  first day of December of each odd numbered year. In  the  event  of  the
   46  death  of  the  licensee,  if  a  natural  person, or its termination or
   47  dissolution by reason of the death of a partner, if a partnership, or if
   48  the licensee shall cease to be a party  to  any  contract  of  the  type
   49  required  by  subdivision  (d)  of  section  three  of this article, the
   50  license shall terminate ninety days after such event or upon its expira-
   51  tion date, whichever shall be sooner. A license may be  renewed  by  the
   52  commission  for  successive  two  year  periods upon fulfilling the same
   53  requirements as are set forth in this article for an  original  applica-
   54  tion.
   55    6.  Any  license  issued  pursuant  to  this article may be revoked or
   56  suspended for such period as the commission deems in the public interest
       S. 3353                            38
    1  or the licensee thereunder may be reprimanded for any of  the  following
    2  offenses  on  the  part  of  the  licensee  or of any person required by
    3  section two of this article to sign or  be  identified  in  an  original
    4  application for a license:
    5    (a) Conviction of a crime or other cause which would permit or require
    6  disqualification  of the licensee from receiving a license upon original
    7  application;
    8    (b) Fraud, deceit or misrepresentation in securing the license  or  in
    9  the conduct of the licensed activity;
   10    (c)  Failure  by  the licensee to maintain a complete set of books and
   11  records containing  a  true  and  accurate  account  of  the  licensee's
   12  receipts and disbursements arising out of his activities within the port
   13  of New York district;
   14    (d)  Failure  to keep said books and records available during business
   15  hours for inspection by the commission and its duly designated represen-
   16  tatives until the expiration of the fifth calendar  year  following  the
   17  calendar year during which occurred the transactions recorded therein;
   18    (e)  Any other offense described in subdivisions (c) to (i) inclusive,
   19  of section seven of article V of this compact.
   20                                 ARTICLE VII
   21                        PROHIBITION OF PUBLIC LOADING
   22    1. The states of New York and New Jersey hereby find and declare  that
   23  the  transfer  of cargo to and from trucks at piers and other waterfront
   24  terminals in the port of New York district has resulted in  vicious  and
   25  notorious abuses by persons commonly known as "public loaders." There is
   26  compelling  evidence that such persons have exacted the payment of exor-
   27  bitant charges for their  services,  real  and  alleged,  and  otherwise
   28  extorted  large  sums  through  force, threats of violence, unauthorized
   29  labor disturbances and other coercive activities, and that they had been
   30  responsible for and  abetted  criminal  activities  on  the  waterfront.
   31  These  practices  which  have developed in the port of New York district
   32  impose unjustified costs on the handling of goods  in  and  through  the
   33  port of New York district, and increase the prices paid by consumers for
   34  food,  fuel  and other necessaries, and impair the economic stability of
   35  the port of New York district.  It is the sense of the  legislatures  of
   36  the  states  of  New York and New Jersey that these practices and condi-
   37  tions must be eliminated to prevent grave injury to the welfare  of  the
   38  people.
   39    2. It is hereby declared to be against the public policy of the states
   40  of  New York and New Jersey and to be unlawful for any person to load or
   41  unload waterborne freight onto or from vehicles other than railroad cars
   42  at piers or at other waterfront terminals within the port  of  New  York
   43  district,  for  a  fee  or  other compensation, other than the following
   44  persons and their employees:
   45    (a) Carriers of freight by water, but only at  piers  at  which  their
   46  vessels are berthed;
   47    (b)  Other carriers of freight (including but not limited to railroads
   48  and truckers), but only in connection with freight transported or to  be
   49  transported by such carriers;
   50    (c)  Operators of piers or other waterfront terminals (including rail-
   51  roads, truck terminal operators, warehousemen and  other  persons),  but
   52  only at piers or other waterfront terminals operated by them;
   53    (d)  Shippers  or  consignees  of freight, but only in connection with
   54  freight shipped by such shipper or consigned to such consignee;
       S. 3353                            39
    1    (e) Stevedores licensed under article VI of this compact,  whether  or
    2  not such waterborne freight has been or is to be transported by a carri-
    3  er  of  freight by water with which such stevedore shall have a contract
    4  of the type prescribed by subdivision (d) of section 3 of article VI  of
    5  this compact.
    6    Nothing herein contained shall be deemed to permit any such loading or
    7  unloading  of  any waterborne freight at any place by any such person by
    8  means of any independent contractor, or any other agent  other  than  an
    9  employee,  unless  such  independent contractor is a person permitted by
   10  this article to load or unload such freight at such  place  in  his  own
   11  right.
   12                                ARTICLE VIII
   13                                LONGSHOREMEN
   14    1.  The  commission shall establish a longshoremen's register in which
   15  shall be included all qualified longshoremen  eligible,  as  hereinafter
   16  provided, for employment as such in the port of New York district. On or
   17  after the first day of December, nineteen hundred fifty-three, no person
   18  shall  act as a longshoreman within the port of New York district unless
   19  at the time he is included in the longshoremen's register, and no person
   20  shall employ another to work as a longshoreman within the  port  of  New
   21  York  district  unless  at the time such other person is included in the
   22  longshoremen's register.
   23    2. Any person applying for inclusion in  the  longshoremen's  register
   24  shall  file  at  such  place  and in such manner as the commission shall
   25  designate a written statement,  signed  and  verified  by  such  person,
   26  setting  forth his full name, residence address, social security number,
   27  and such further facts and evidence as the commission may  prescribe  to
   28  establish the identity of such person and his criminal record, if any.
   29    3. The commission may in its discretion deny application for inclusion
   30  in the longshoremen's register by a person
   31    (a)  Who  has  been  convicted  by a court of the United States or any
   32  state or territory  thereof,  without  subsequent  pardon,  of  treason,
   33  murder,  manslaughter  or of any felony or high misdemeanor or of any of
   34  the misdemeanors or offenses described in  subdivision  (b)  of  section
   35  three of article V of this compact or of attempt or conspiracy to commit
   36  any of such crimes;
   37    (b)  Who  knowingly  or  willingly advocates the desirability of over-
   38  throwing or destroying the government of the United States by  force  or
   39  violence or who shall be a member of a group which advocates such desir-
   40  ability knowing the purposes of such group include such advocacy;
   41    (c)  Whose  presence at the piers or other waterfront terminals in the
   42  port of New York district is found by the commission on the basis of the
   43  facts and evidence before it, to constitute a danger to the public peace
   44  or safety.
   45    4. Unless the commission shall determine to exclude the applicant from
   46  the longshoremen's register on a ground set forth in  section  three  of
   47  this  article  it shall include such person in the longshoremen's regis-
   48  ter. The commission may permit temporary registration of  any  applicant
   49  under the provisions of this article pending final action on an applica-
   50  tion  made for such registration.  Any such temporary registration shall
   51  be valid for a period not in excess of thirty days.
   52    5. The commission shall  have  power  to  reprimand  any  longshoreman
   53  registered  under  this article or to remove him from the longshoremen's
       S. 3353                            40
    1  register for such period of time as it deems in the public interest  for
    2  any of any following offenses:
    3    (a)  Conviction of a crime or other cause which would permit disquali-
    4  fication of such person from inclusion in  the  longshoremen's  register
    5  upon original application;
    6    (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
    7  longshoremen's register;
    8    (c) Transfer or surrender of possession to any person either temporar-
    9  ily or permanently of any card or other means of  identification  issued
   10  by  the commission as evidence of inclusion in the longshoremen's regis-
   11  ter, without satisfactory explanation;
   12    (d) False impersonation of another longshoreman registered under  this
   13  article or of another person licensed under this compact;
   14    (e) Wilful commission of or wilful attempt to commit at or on a water-
   15  front  terminal  or  adjacent  highway any act of physical injury to any
   16  other person or of wilful damage to or  misappropriation  of  any  other
   17  person's property, unless justified or excused by law;  and
   18    (f)  Any  other offense described in subdivisions (c) to (f) inclusive
   19  of section seven of article V of this compact.
   20    6. The commission shall have the right to recover  possession  of  any
   21  card or other means of identification issued as evidence of inclusion in
   22  the  longshoremen's  register  in  the event that the holder thereof has
   23  been removed from the longshoremen's register.
   24    7. Nothing contained in this article shall be construed  to  limit  in
   25  any way any rights of labor reserved by article XV of this compact.
   26                                 ARTICLE IX
   27                 REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT
   28    1. On or after the first day of December, nineteen hundred fifty-four,
   29  the   commission   shall,   at   regular   intervals,  remove  from  the
   30  longshoremen's register any person who shall have been registered for at
   31  least nine months and who shall have failed  during  the  preceding  six
   32  calendar  months  either to have worked as a longshoreman in the port of
   33  New York district or to have applied for employment as a longshoreman at
   34  an employment information center established under article XII  of  this
   35  compact  for  such minimum number of days as shall have been established
   36  by the commission pursuant to section two of this article.
   37    2. On or before the first day of June, nineteen hundred fifty-four and
   38  on or before each succeeding first day of June or December, the  commis-
   39  sion  shall,  for the purposes of section one of this article, establish
   40  for the six-month period beginning on each such date a minimum number of
   41  days and the distribution of such days during such period.
   42    3. In establishing any such minimum number  of  days  or  period,  the
   43  commission shall observe the following standards:
   44    (a)  To  encourage  as  far  as  practicable the regularization of the
   45  employment of longshoremen;
   46    (b) To bring the number of eligible  longshoremen  more  closely  into
   47  balance  with  the demand for longshoremen's services within the port of
   48  New York district without reducing the number of  eligible  longshoremen
   49  below  that  necessary  to  meet the requirements of longshoremen in the
   50  port of New York district;
   51    (c) To eliminate oppressive and evil hiring practices affecting  long-
   52  shoremen and waterborne commerce in the port of New York district;
   53    (d)  To  eliminate  unlawful  practices injurious to waterfront labor;
   54  and
       S. 3353                            41
    1    (e) To establish hiring practices and conditions which will permit the
    2  termination of governmental regulation and intervention at the  earliest
    3  opportunity.
    4    4.  A longshoreman who has been removed from the longshoremen's regis-
    5  ter pursuant to this article may seek reinstatement upon fulfilling  the
    6  same  requirements as for initial inclusion in the longshoremen's regis-
    7  ter, but not before the expiration of one year from the date of removal,
    8  except that immediate reinstatement shall be made  upon  proper  showing
    9  that  the  registrant's  failure  to  work or apply for work the minimum
   10  number of days above described was caused by the fact  that  the  regis-
   11  trant  was  engaged  in the military service of the United States or was
   12  incapacitated by ill health, physical injury, or other good cause.
   13    5. Notwithstanding any other provision of this article, the commission
   14  shall at any time have the power to register longshoremen on a temporary
   15  basis to meet special or emergency needs.
   16                                  ARTICLE X
   17                                PORT WATCHMEN
   18    1. On or after the first day  of  December,  nineteen  hundred  fifty-
   19  three,  no  person  shall  act as a port watchman within the port of New
   20  York district without first having obtained a license from  the  commis-
   21  sion, and no person shall employ a port watchman who is not so licensed.
   22    2. A license to act as a port watchman shall be issued only upon writ-
   23  ten application, duly verified, which shall state the following:
   24    (a)  The  full  name,  residence, business address (if any), place and
   25  date of birth and social security 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) The citizenship of the applicant and, if he is a naturalized citi-
   29  zen of the United States, the court and date of his naturalization;  and
   30    (d)  Such further facts and evidence as may be required by the commis-
   31  sion to ascertain the character, integrity and identity  of  the  appli-
   32  cant.
   33    3. No such license shall be granted
   34    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
   35  possesses good character and integrity;
   36    (b) If the applicant has, without subsequent pardon, been convicted by
   37  a court of the United States or of any state or territory thereof of the
   38  commission of, or the attempt or conspiracy to commit, treason,  murder,
   39  manslaughter  or  any felony or high misdemeanor or any of the misdemea-
   40  nors or offenses described in subdivision (b) of section three of  arti-
   41  cle V of this compact;
   42    (c) Unless the applicant shall meet such reasonable standards of phys-
   43  ical and mental fitness for the discharge of his duties as may from time
   44  to time be established by the commission;
   45    (d) If the applicant shall be a member of any labor organization which
   46  represents  longshoremen  or  pier superintendents or hiring agents; but
   47  nothing in this article shall be deemed to prohibit port  watchmen  from
   48  being  represented by a labor organization or organizations which do not
   49  also represent longshoremen or pier superintendents  or  hiring  agents.
   50  The  American  Federation of Labor, the Congress of Industrial Organiza-
   51  tions and any other similar federation, congress or  other  organization
   52  of  national or international occupational or industrial labor organiza-
   53  tions shall not be considered an  organization  which  represents  long-
   54  shoremen  or pier superintendents or hiring agents within the meaning of
       S. 3353                            42
    1  this section although one of the federated or constituent  labor  organ-
    2  izations  thereof  may represent longshoremen or pier superintendents or
    3  hiring agents;
    4    (e)  If the applicant knowingly or wilfully advocates the desirability
    5  of overthrowing or destroying the government of  the  United  States  by
    6  force  or  violence or shall be a member of a group which advocates such
    7  desirability, knowing the purposes of such group include such advocacy.
    8    4. When the application shall have  been  examined  and  such  further
    9  inquiry  and  investigation made as the commission shall deem proper and
   10  when the commission shall be  satisfied  therefrom  that  the  applicant
   11  possesses the qualifications and requirements prescribed by this article
   12  and  regulations issued pursuant thereto, the commission shall issue and
   13  deliver a license to the applicant.  The commission may issue  a  tempo-
   14  rary  permit to any applicant for a license under the provisions of this
   15  article pending final action on an application made for such a  license.
   16  Any  such  permit  shall  be  valid for a period not in excess of thirty
   17  days.
   18    5. A license granted pursuant to this article  shall  continue  for  a
   19  term  of  three  years.   A license may be renewed by the commission for
   20  successive three-year periods upon fulfilling the same  requirements  as
   21  are set forth in this article for an original application.
   22    6.  Any  license  issued  pursuant  to  this article may be revoked or
   23  suspended for such period as the commission deems in the public interest
   24  or the licensee thereunder may be reprimanded for any of  the  following
   25  offenses:
   26    (a) Conviction of a crime or other cause which would permit or require
   27  his disqualification from receiving a license upon original application;
   28    (b) Fraud, deceit or misrepresentation in securing the license;  and
   29    (c) Any other offense described in subdivisions (c) to (i), inclusive,
   30  of section seven of article V of this compact.
   31                                 ARTICLE XI
   32                     HEARINGS, DETERMINATIONS AND REVIEW
   33    1.  The  commission  shall  not  deny any application for a license or
   34  registration  without  giving  the  applicant  or  prospective  licensee
   35  reasonable prior notice and an opportunity to be heard.
   36    2.   Any   application   for   a  license  or  for  inclusion  in  the
   37  longshoremen's register, and any license issued  or  registration  made,
   38  may be denied, revoked, cancelled, suspended as the case may be, only in
   39  the manner prescribed in this article.
   40    3.  The  commission  may  on its own initiative or on complaint of any
   41  person, including any public official or agency,  institute  proceedings
   42  to revoke, cancel or suspend any license or registration after a hearing
   43  at which the licensee or registrant and any person making such complaint
   44  shall  be  given  an opportunity to be heard, provided that any order of
   45  the commission revoking, cancelling or suspending any license or  regis-
   46  tration  shall not become effective until fifteen days subsequent to the
   47  serving of notice thereof upon the licensee or registrant unless in  the
   48  opinion of the commission the continuance of the license or registration
   49  for such period would be inimicable to the public peace or safety.  Such
   50  hearings  shall  be  held  in such manner and upon such notice as may be
   51  prescribed by the rules of the commission, but such notice shall  be  of
   52  not less than ten days and shall state the nature of the complaint.
   53    4. Pending the determination of such hearing pursuant to section three
   54  of  this  article  the  commission  may temporarily suspend a license or
       S. 3353                            43
    1  registration if in the opinion of the commission the continuance of  the
    2  license  or  registration  for  such  period is inimicable to the public
    3  peace or safety.
    4    5.  The  commission, or such member, officer, employee or agent of the
    5  commission as may be designated by  the  commission  for  such  purpose,
    6  shall  have  the  power  to  issue subpoenas to compel the attendance of
    7  witnesses and the giving of testimony or production  of  other  evidence
    8  and to administer oaths in connection with any such hearing. It shall be
    9  the  duty  of the commission or of any such member, officer, employee or
   10  agent of the commission designated by the commission for such purpose to
   11  issue subpoenas at the request of  and  upon  behalf  of  the  licensee,
   12  registrant  or  applicant.  The commission or such person conducting the
   13  hearing shall not be bound by common law or statutory rules of  evidence
   14  or  by  technical  or  formal  rules of procedure in the conduct of such
   15  hearing.
   16    6. Upon the conclusion of the hearing, the commission shall take  such
   17  action upon such findings and determination as it deems proper and shall
   18  execute  an order carrying such findings into effect.  The action in the
   19  case of an application for a license or registration shall be the grant-
   20  ing or denial thereof.  The action in the case of a  licensee  shall  be
   21  revocation  of  the  license or suspension thereof for a fixed period or
   22  reprimand or a dismissal of the charges.  The action in the  case  of  a
   23  registered  longshoreman shall be dismissal of the charges, reprimand or
   24  removal from the longshoremen's register for a fixed  period  or  perma-
   25  nently.
   26    7.  The  action  of  the  commission  in denying any application for a
   27  license or in refusing to  include  any  person  in  the  longshoremen's
   28  register under this compact or in suspending or revoking such license or
   29  removing  any person from the longshoremen's register or in reprimanding
   30  a licensee or registrant shall  be  subject  to  judicial  review  by  a
   31  proceeding  instituted in either state at the instance of the applicant,
   32  licensee or registrant in the manner provided by the law of  such  state
   33  for review of the final decision or action of administrative agencies of
   34  such  state, provided, however, that notwithstanding any other provision
   35  of law the court shall have power to stay for not more than thirty  days
   36  an  order of the commission suspending or revoking a license or removing
   37  a longshoreman from the longshoremen's register.
   38                                 ARTICLE XII
   39                       EMPLOYMENT INFORMATION CENTERS
   40    1. The states of New York and New Jersey hereby find and declare  that
   41  the  method  of employment of longshoremen and port watchmen in the port
   42  of New York district, commonly known as the "shape-up", has resulted  in
   43  vicious  and  notorious  abuses,  of  which such employees have been the
   44  principal victims.  There is compelling evidence that the "shape-up" has
   45  permitted and encouraged extortion from employees as the price of secur-
   46  ing or retaining employment and has subjected such employees to  threats
   47  of  violence,  unwilling  joinder in unauthorized labor disturbances and
   48  criminal activities on the waterfront.  The "shape-up" has thus resulted
   49  in a loss of fundamental rights and liberties of labor, has impaired the
   50  economic stability of the port of New York  district  and  weakened  law
   51  enforcement  therein.  It is the sense of the legislatures of the states
   52  of New York and New Jersey that these practices and conditions  must  be
   53  eliminated to prevent grave injury to the welfare of waterfront laborers
   54  and  of  the  people at large and that the elimination of the "shape-up"
       S. 3353                            44
    1  and the establishment of a system of employment information centers  are
    2  necessary to a solution of these public problems.
    3    2.  The commission shall establish and maintain one or more employment
    4  information centers in each state within the port of New  York  district
    5  at  such  locations  as it may determine.   No person shall, directly or
    6  indirectly, hire any person for work as a longshoreman or port  watchman
    7  within  the  port  of  New York district, except through such particular
    8  employment information center or centers as may  be  prescribed  by  the
    9  commission.   No person shall accept any employment as a longshoreman or
   10  port watchman within the port of New York district, except through  such
   11  an  employment  information center.  At each such employment information
   12  center the commission shall keep and exhibit the longshoremen's register
   13  and any other records it shall determine to the  end  that  longshoremen
   14  and  port  watchmen  shall  have the maximum information as to available
   15  employment as such at any time within the port of New York district  and
   16  to  the  end  that  employers shall have an adequate opportunity to fill
   17  their requirements of registered longshoremen and port watchmen  at  all
   18  times.
   19    3.  Every employer of longshoremen or port watchmen within the port of
   20  New York district shall furnish such information as may be  required  by
   21  the  rules  and  regulations prescribed by the commission with regard to
   22  the name of each person hired as a longshoreman or  port  watchman,  the
   23  time  and  place  of  hiring, the time, place and hours of work, and the
   24  compensation therefor.
   25    4. All wage payments to longshoremen or port watchmen for work as such
   26  shall be made by check or cash evidenced by a written voucher  receipted
   27  by  the person to whom such cash is paid. The commission may arrange for
   28  the provision of facilities for cashing such checks.
   29                                ARTICLE XIII
   30                         EXPENSES OF ADMINISTRATION
   31    1. By concurrent legislation enacted by their respective legislatures,
   32  the two states may provide from time to time  for  meeting  the  commis-
   33  sion's  expenses.    Until  other  provision shall be made, such expense
   34  shall be met as authorized in this article.
   35    2. The commission shall annually adopt a budget of  its  expenses  for
   36  each  year.   Each budget shall be submitted to the governors of the two
   37  states and shall take effect as submitted provided that either  governor
   38  may  within  thirty days disapprove or reduce any item or items, and the
   39  budget shall be adjusted accordingly.
   40    3. After taking into account such funds as may be available to it from
   41  reserves, federal grants or otherwise, the balance of  the  commission's
   42  budgeted expenses shall be assessed upon employers of persons registered
   43  or  licensed  under  this  compact.  Each such employer shall pay to the
   44  commission as assessment computed upon the gross payroll  payments  made
   45  by  such  employer  to longshoremen, pier superintendents, hiring agents
   46  and port watchmen for work or labor performed within  the  port  of  New
   47  York district, at a rate, not in excess of two per cent, computed by the
   48  commission  in the following manner; the commission shall annually esti-
   49  mate the gross payroll payments to  be  made  by  employers  subject  to
   50  assessment  and  shall  compute a rate thereon which will yield revenues
   51  sufficient to finance the commission's budget for each year.  Such budg-
   52  et may include a reasonable amount for a reserve but such  amount  shall
   53  not  exceed  ten per cent of the total of all other items of expenditure
   54  contained therein.  Such reserve shall be used for the stabilization  of
       S. 3353                            45
    1  annual assessments, the payment of operating deficits and for the repay-
    2  ment of advances made by the two states.
    3    4.  The  amount required to balance the commission's budget, in excess
    4  of the estimated yield of the maximum assessment, shall be certified  by
    5  the  commission,  with  the approval of the respective governors, to the
    6  legislatures of the two states, in proportion to the gross  annual  wage
    7  payments  made to longshoremen for work in each state within the port of
    8  New York district.  The legislatures shall annually appropriate  to  the
    9  commission the amount so certified.
   10    5.  The  commission  may  provide by regulation for the collection and
   11  auditing of assessments.  Such assessments hereunder  shall  be  payable
   12  pursuant  to such provisions for administration, collection and enforce-
   13  ment as the states may provide by concurrent legislation.   In  addition
   14  to  any  other  sanction  provided  by law, the commission may revoke or
   15  suspend any license held by any person under this compact, or his privi-
   16  lege of employing persons registered or licensed hereunder, for non-pay-
   17  ment of any assessment when due.
   18    6. The assessment hereunder shall be in lieu of any other  charge  for
   19  the  issuance  of  licenses  to stevedores, pier superintendents, hiring
   20  agents and pier watchmen or for the registration of longshoremen or  the
   21  use of an employment information center.  The commission shall establish
   22  reasonable  procedures  for  the  consideration  of protests by affected
   23  employers concerning the  estimates  and  computation  of  the  rate  of
   24  assessment.
   25                                 ARTICLE XIV
   26                 GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES
   27    1.  The  failure  of any witness, when duly subpoenaed to attend, give
   28  testimony or produce other evidence, whether or not at a hearing,  shall
   29  be  punishable by the superior court in New Jersey and the supreme court
   30  in New York in the same manner as said failure  is  punishable  by  such
   31  court in a case therein pending.
   32    2.  Any  person who, having been sworn or affirmed as a witness in any
   33  such hearing, shall wilfully give false testimony or who shall  wilfully
   34  make  or  file  any  false or fraudulent report or statement required by
   35  this compact to be made or filed under oath, shall be guilty of a misde-
   36  meanor, punishable by a fine of not more than one  thousand  dollars  or
   37  imprisonment for not more than one year or both.
   38    3.  Any  person  who  violates or attempts or conspires to violate any
   39  other provision of this compact shall be punishable as may  be  provided
   40  by the two states by action of the legislature of either state concurred
   41  in by the legislature of the other.
   42    4.  Any person who interferes with or impedes the orderly registration
   43  of longshoremen pursuant to this compact or who conspires to or attempts
   44  to interfere with or impede such registration shall be punishable as may
   45  be provided by the two states by action of  the  legislature  of  either
   46  state concurred in by the legislature of the other.
   47    5.  Any  person  who  directly  or indirectly inflicts or threatens to
   48  inflict any injury, damage, harm or loss or in any  other  manner  prac-
   49  tices  intimidation  upon  or  against  any person in order to induce or
   50  compel such person or any  other  person  to  refrain  from  registering
   51  pursuant  to  this compact shall be punishable as may be provided by the
   52  two states by action of the legislature of either state concurred in  by
   53  the legislature of the other.
       S. 3353                            46
    1    6.  In  any  prosecution under this compact, it shall be sufficient to
    2  prove only a single act (or a single holding out or attempt)  prohibited
    3  by law, without having to prove a general course of conduct, in order to
    4  prove a violation.
    5                                 ARTICLE XV
    6                      COLLECTIVE BARGAINING SAFEGUARDED
    7    1. This compact is not designed and shall not be construed to limit in
    8  any way any rights granted or derived from any other statute or any rule
    9  of  law  for  employees  to  organize in labor organizations, to bargain
   10  collectively and to act in any other way individually, collectively, and
   11  through labor organizations or other representatives of their own choos-
   12  ing.    Without  limiting  the  generality  of  the  foregoing,  nothing
   13  contained  in  this  compact  shall be construed to limit in any way the
   14  right of employees to strike.
   15    2. This compact is not designed and shall not be construed to limit in
   16  any way any rights of longshoremen, hiring agents, pier  superintendents
   17  or  port  watchmen  or their employers to bargain collectively and agree
   18  upon any method for the selection of such employees by way of seniority,
   19  experience, regular gangs or otherwise,  provided  that  such  employees
   20  shall be licensed or registered hereunder and such longshoremen and port
   21  watchmen  shall be hired only through the employment information centers
   22  established hereunder and that all other provisions of this  compact  be
   23  observed.
   24                                 ARTICLE XVI
   25                    AMENDMENTS; CONSTRUCTION; SHORT TITLE
   26    1.  Amendments  and  supplements  to  this  compact  to  implement the
   27  purposes thereof may be adopted by the  action  of  the  legislature  of
   28  either state concurred in by 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    4.  This  compact  shall  be known and may be cited as the "Waterfront
   43  Commission Compact."
   44                                   PART II
   45    S 2. Expenses of administration.   1.  Every  person  subject  to  the
   46  payment of any assessment under the provisions of section three of arti-
   47  cle XIII of the compact established by part I of this article shall file
   48  on or before the fifteenth day of the first month of each calendar quar-
   49  ter-year  a separate return, together with the payment of the assessment
   50  due, for the preceding calendar quarter-year during  which  any  payroll
   51  payments  were made to longshoremen, pier superintendents, hiring agents
       S. 3353                            47
    1  or port watchmen  for  work  performed  as  such  within  the  district.
    2  Returns  covering  the  amount of assessment payable shall be filed with
    3  the commission on forms to be  furnished  for  such  purpose  and  shall
    4  contain  such  data, information or matter as the commission may require
    5  to be included therein.  The commission may grant a reasonable extension
    6  of time for filing returns, or for the payment of  assessment,  whenever
    7  good  cause  exists.   Every return shall have annexed thereto a certif-
    8  ication to the effect that the statements contained therein are true.
    9    2. Every person subject to the payment of assessment  hereunder  shall
   10  keep  an  accurate record of his employment of longshoremen, pier super-
   11  intendents, hiring agents or port watchmen, which shall show the  amount
   12  of  compensation  paid  and such other information as the commission may
   13  require.  Such records shall be preserved for a period  of  three  years
   14  and  be  open  for  inspection at reasonable times.   The commission may
   15  consent to the destruction of any such records at any  time  after  said
   16  period or may require that they be kept longer, but not in excess of six
   17  years.
   18    3.  (a) The commission shall audit and determine the amount of assess-
   19  ment due from the return filed and such other information as  is  avail-
   20  able  to  it.    Whenever  a  deficiency in payment of the assessment is
   21  determined the commission shall give notice of any such determination to
   22  the person liable  therefor.    Such  determination  shall  finally  and
   23  conclusively  fix  the  amount due, unless the person against whom it is
   24  assessed shall, within thirty days after the giving of  notice  of  such
   25  determination,  apply  in  writing  to  the commission for a hearing, or
   26  unless the commission on its own motion shall reduce the  same.    After
   27  such  hearing,  the  commission shall give notice of its decision to the
   28  person liable therefor.  A determination of the  commission  under  this
   29  section  shall  be  subject  to judicial review, if application for such
   30  review is made within thirty days after the giving  of  notice  of  such
   31  decision.    Any  determination  under this section shall be made within
   32  five years from the time the return was filed and if no return was filed
   33  such determination may be made at any time.
   34    (b) Any notice authorized or required under this section may be  given
   35  by  mailing  the  same to the person for whom it is intended at the last
   36  address given by him to the commission, or in the last return  filed  by
   37  him  with  the  commission under this section, or, if no return has been
   38  filed then to such address as may be obtainable.   The mailing  of  such
   39  notice  shall  be  presumptive  evidence  of  the receipt of same by the
   40  person to whom addressed.   Any period  of  time,  which  is  determined
   41  according  to  the  provision  of this section, for the giving of notice
   42  shall commence to run from the date of mailing of such notice.
   43    4. Whenever any person shall fail to  pay,  within  the  time  limited
   44  herein,  any  assessment  which  he is required to pay to the commission
   45  under the provisions of this section the commission may enforce  payment
   46  of  such  fee  by  civil  action  for the amount of such assessment with
   47  interest and penalties.
   48    5. The employment by a nonresident of a longshoreman,  or  a  licensed
   49  pier  superintendent,  hiring  agent or port watchman in either state or
   50  the designation by a nonresident of a longshoreman, pier superintendent,
   51  hiring agent or port watchman to perform work in  such  state  shall  be
   52  deemed equivalent to an appointment by such nonresident of the secretary
   53  of  state of such state to be his true and lawful attorney upon whom may
   54  be served the process in any action or proceeding  against  him  growing
   55  out  of  any  liability  for  assessments,  penalties or interest, and a
   56  consent that any such process against him which is so served shall be of
       S. 3353                            48
    1  the same legal force and validity as if served on him personally  within
    2  such  state  and  within  the territorial jurisdiction of the court from
    3  which the process issues.  Service of process within either state  shall
    4  be  made  by  either  (1)  personally delivering to and leaving with the
    5  secretary of state or a deputy secretary of state of such  state  dupli-
    6  cate  copies  thereof  at  the  office of the department of state in the
    7  capitol city of such state, in which event such secretary of state shall
    8  forthwith send by registered mail one of such copies to  the  person  at
    9  the  last  address  designated  by him to the commission for any purpose
   10  under this section or in the last return filed by him under this section
   11  with the commission or as shown on the records of the commission, or  if
   12  no  return  has  been filed, at  his last known office address within or
   13  without such state, or (2) personally delivering to and leaving with the
   14  secretary of state or a deputy secretary of state of such state  a  copy
   15  thereof  at the office of the department of state in the capitol city of
   16  such state and by delivering a copy thereof to  the  person,  personally
   17  without  such state.   Proof of such personal service without such state
   18  shall be filed with the clerk of the court in which the process is pend-
   19  ing within thirty days after such service  and  such  service  shall  be
   20  complete ten days after proof thereof is filed.
   21    6. Whenever the commission shall determine that any moneys received as
   22  assessments  were  paid  in error, it may cause the same to be refunded,
   23  provided an application therefor is filed with the commission within two
   24  years from the time the erroneous payment was made.
   25    7. In addition to any other powers authorized hereunder,  the  commis-
   26  sion shall have power to make reasonable rules and regulations to effec-
   27  tuate the purposes of this section.
   28    8. When any person shall wilfully fail to pay any assessment due here-
   29  under  he shall be assessed interest at a rate of one per cent per month
   30  on the amount due and unpaid and penalties  of  five  per  cent  of  the
   31  amount  due  for  each  thirty  days or part thereof that the assessment
   32  remains unpaid.  The commission, may, for good cause shown, abate all or
   33  part of such penalty.
   34    9. Any person who shall wilfully furnish false or fraudulent  informa-
   35  tion  or  shall  wilfully  fail  to  furnish  pertinent  information, as
   36  required, with respect to the amount of assessment due, shall be  guilty
   37  of  a  misdemeanor,  punishable  by a fine of not more than one thousand
   38  dollars, or imprisonment for not more than one year, or both.
   39    10. All funds of the commission shall be deposited with such responsi-
   40  ble banks or trust companies as may be  designated  by  the  commission.
   41  The  commission  may  require that all such deposits be secured by obli-
   42  gations of the United States or of the states of New York or New  Jersey
   43  of  a market value equal at all times to the amount of the deposits, and
   44  all banks and trust companies are authorized to give such  security  for
   45  such deposits.  The moneys so deposited shall be withdrawn only by check
   46  signed  by  both  members of the commission or by such other officers or
   47  employees of the commission as it may from time to time designate.
   48    11. The accounts, books and records of the commission,  including  its
   49  receipts,  disbursements,  contracts,  leases, investments and any other
   50  matters relating to its financial standing shall be examined and audited
   51  annually by independent auditors to be retained for such purpose by  the
   52  commission.
   53    S  3. The commission shall reimburse each state for any funds advanced
   54  to the commission exclusive of sums  appropriated  pursuant  to  section
   55  four  of  article  XIII  of the compact established by part I of of this
   56  article.
       S. 3353                            49
    1    S 4. Penalties.  Any person who shall violate any of the provisions of
    2  the compact or of section two of this part for which no other penalty is
    3  prescribed shall be guilty of a misdemeanor, punishable by a fine of not
    4  more than five hundred dollars or by imprisonment for not more than  one
    5  year, or both.
    6    S  5.  Federal funds.  1. The waterfront commission of New York harbor
    7  is hereby designated on its own behalf or as agent of the state  of  New
    8  York and the state of New Jersey, as provided by the act of the congress
    9  of  the  United  States,  effective June sixth, nineteen hundred thirty-
   10  three, entitled "An act to provide for the establishment of  a  national
   11  employment  system  and for cooperating with the states in the promotion
   12  of such system and for other purposes" as amended, for  the  purpose  of
   13  obtaining  such  benefits  of  such  act of congress as are necessary or
   14  appropriate to the establishment and operation of employment information
   15  centers authorized by section one of this article.
   16    2. The commission shall have all powers necessary  to  cooperate  with
   17  appropriate  officers  or agencies of either state or the United States,
   18  to take such steps,  to  formulate  such  plans,  and  to  execute  such
   19  projects  (including  but not limited to the establishment and operation
   20  of employment information centers) as may be necessary  to  obtain  such
   21  benefits  for  the  operations  of  the  commission in accomplishing the
   22  purposes of this article.
   23    3. The officer or agency heretofore designated  by  each  of  the  two
   24  states  pursuant  to  said  act  of June sixth, nineteen hundred thirty-
   25  three, as amended, is authorized and empowered, upon the request of  the
   26  commission  and  subject  to  its  direction, to exercise the powers and
   27  duties conferred upon the commission by the provisions of this section.
   28    S 5-a. Supplementary definitions.  As used in the compact  established
   29  by part I of this article:
   30    1.  "Stevedore" shall also include (a) contractors engaged for compen-
   31  sation pursuant to a contract or arrangement with the United States, any
   32  state or territory thereof, or any department, division, board,  commis-
   33  sion  or  authority  of  one or more of the foregoing, in moving freight
   34  carried or consigned for carriage between any point in the port  of  New
   35  York  district  and  a  point outside said district on vessels of such a
   36  public agency berthed at piers, on  piers  at  which  such  vessels  are
   37  berthed or at other waterfront terminals, or
   38    (b)  contractors  (not  including  employees) engaged for compensation
   39  pursuant to a contract or arrangement with any person to  perform  labor
   40  or  services incidental to the movement of waterborne freight on vessels
   41  berthed at piers, on piers or at other waterfront terminals,  including,
   42  but  not  limited to, cargo storage, cargo repairing, coopering, general
   43  maintenance,  mechanical  and  miscellaneous  work,  horse  and   cattle
   44  fitting, grain ceiling, and marine carpentry, or
   45    (c)  contractors  (not  including  employees) engaged for compensation
   46  pursuant to a contract or arrangement with any other person  to  perform
   47  labor  or  services involving, or incidental to, the movement of freight
   48  into or out of containers (which have been or which will be carried by a
   49  carrier of freight by water) on vessels berthed at piers, on piers or at
   50  other waterfront terminals.
   51    2. "Waterborne freight" shall also include freight described in  para-
   52  graphs (a) and (c) of subdivision one of this section and in subdivision
   53  ten  of  this  section and ships' stores, baggage and mail carried by or
   54  consigned for carriage by carriers of freight by water.
   55    3. "Court of the United States" shall mean all  courts  enumerated  in
   56  section  four  hundred  fifty-one  of  title  twenty-eight of the United
       S. 3353                            50
    1  States code and the courts-martial of the armed  forces  of  the  United
    2  States.
    3    4.  "Witness"  shall mean any person whose testimony is desired in any
    4  investigation, interview or other proceeding conducted by the commission
    5  pursuant to the provisions of this article.
    6    5. "Checker" shall mean a longshoreman who is employed  to  engage  in
    7  direct  and immediate checking of waterborne freight or of the custodial
    8  accounting therefor or in the  recording  or  tabulation  of  the  hours
    9  worked  at  piers  or  other  waterfront  terminals  by  natural persons
   10  employed by carriers of freight by water or stevedores.
   11    6. "Longshoreman" shall also include a natural person,  other  than  a
   12  hiring  agent,  who  is  employed for work at a pier or other waterfront
   13  terminal:
   14    (a) either by a carrier of freight by water or by  a  stevedore  phys-
   15  ically to perform labor or services incidental to the movement of water-
   16  borne  freight  on vessels berthed at piers, on piers or at other water-
   17  front  terminals,  including,  but  not  limited  to,  cargo  repairmen,
   18  coopers,  general maintenance men, mechanical and miscellaneous workers,
   19  horse and cattle fitters, grain ceilers and marine carpenters, or
   20    (b) by any person physically to move waterborne freight to or  from  a
   21  barge,  lighter  or  railroad  car for transfer to or from a vessel of a
   22  carrier of freight by water which is,  shall  be,  or  shall  have  been
   23  berthed at the same pier or other waterfront terminal, or
   24    (c)  by  any  person  to perform labor or services involving, or inci-
   25  dental to, the movement of freight at a waterfront terminal  as  defined
   26  in subdivision ten of this section.
   27    7.  "Compact"  shall also include any amendments or supplements to the
   28  waterfront commission compact to implement the purposes thereof  adopted
   29  by  the action of the legislature of either the state of New York or the
   30  state of New Jersey concurred in by the legislature of the other and  as
   31  established by part I of this article.
   32    8. The term "select any longshoreman for employment" in the definition
   33  of  a  hiring  agent in this act shall include selection of a person for
   34  the commencement or continuation of employment as a longshoreman, or the
   35  denial or termination of employment as a longshoreman.
   36    9. "Hiring agent" shall also include any natural person, who on behalf
   37  of any other person shall select any longshoreman for employment.
   38    10. "Other waterfront terminal"  shall  also  include  any  warehouse,
   39  depot  or  other terminal (other than a pier), whether enclosed or open,
   40  which is located in a marine terminal in the port of New  York  district
   41  and any part of which is used by any person to perform labor or services
   42  involving,  or  incidental  to,  the  movement  of waterborne freight or
   43  freight.
   44    As used in  this  section,  "marine  terminal"  means  an  area  which
   45  includes  piers,  which  is  used primarily for the moving, warehousing,
   46  distributing or packing of waterborne freight or freight to or from such
   47  piers, and which, inclusive of such piers, is under common ownership  or
   48  control;  "freight" means freight which has been, or will be, carried by
   49  or  consigned  for  carriage  by  a  carrier  of freight by water;   and
   50  "container" means any receptacle, box, carton or crate which is  specif-
   51  ically  designed  and  constructed so that it may be repeatedly used for
   52  the carriage of freight by a carrier of freight by water.
   53    Whenever, as a result of legislative amendments to this article or  of
   54  a  ruling  by the commission, registration as a longshoreman is required
   55  for any person to continue in  his  employment,  such  person  shall  be
   56  registered as a longshoreman without regard to the provisions of section
       S. 3353                            51
    1  five-p  of  this part, provided, however, that such person satisfies all
    2  the other requirements of this article for registration as a  longshore-
    3  man.
    4    S 5-b. Additional powers of the commission.  In addition to the powers
    5  and  duties  elsewhere  described  in this article, the commission shall
    6  have the following powers:
    7    1. To issue temporary permits and permit temporary registrations under
    8  such terms and conditions as the commission may prescribe which shall be
    9  valid for a period to be fixed by the commission not in  excess  of  six
   10  months.
   11    2.  To  require  any  applicant  for  a license or registration or any
   12  prospective licensee to furnish such facts and evidence as  the  commis-
   13  sion  may deem appropriate to enable it to ascertain whether the license
   14  or registration should be granted.
   15    3. In any case in which the commission has the power to revoke, cancel
   16  or suspend any stevedore license the  commission  shall  also  have  the
   17  power  to  impose  as an alternative to such revocation, cancellation or
   18  suspension, a penalty, which the  licensee  may  elect  to  pay  to  the
   19  commission  in  lieu  of the revocation, cancellation or suspension. The
   20  maximum penalty  shall  be  five  thousand  dollars  for  each  separate
   21  offense.  The commission may, for good cause shown, abate all or part of
   22  such penalty.
   23    4. To designate any officer, agent or employee of the commission to be
   24  an  investigator  who  shall be vested with all the powers of a peace or
   25  police officer of the state of New York in that state, and of the  state
   26  of New Jersey in that state.
   27    5. To confer immunity, in the following manner:  In any investigation,
   28  interview  or other proceeding conducted under oath by the commission or
   29  any duly authorized officer, employee or  agent  thereof,  if  a  person
   30  refuses  to  answer  a question or produce evidence of any other kind on
   31  the ground that he may be  incriminated  thereby,  and,  notwithstanding
   32  such  refusal,  an  order  is  made upon twenty-four hours prior written
   33  notice to the appropriate attorney general of the state of New  York  or
   34  the  state  of  New  Jersey, and to the appropriate district attorney or
   35  prosecutor having an official interest therein, by the unanimous vote of
   36  both members of the commission or their designees appointed pursuant  to
   37  the  provisions  of  section  three of article III of the compact estab-
   38  lished by part I of this article, that such person answer  the  question
   39  or  produce  the  evidence, such person shall comply with the order.  If
   40  such person complies with the order, and if, but for  this  subdivision,
   41  he  would  have  been  privileged  to  withhold  the answer given or the
   42  evidence produced by him, then immunity shall be conferred upon him,  as
   43  provided for herein.
   44    "Immunity"  as  used  in this subdivision means that such person shall
   45  not be prosecuted or subjected to any penalty or forfeiture  for  or  on
   46  account of any transaction, matter or thing concerning which, in accord-
   47  ance with the order by the unanimous vote of both members of the commis-
   48  sion  or their designees appointed pursuant to the provisions of section
   49  three of article III of the compact established by part I of this  arti-
   50  cle,  he gave answer or produced evidence, and that no such answer given
   51  or evidence produced shall be received against  him  upon  any  criminal
   52  proceeding.    But  he  may  nevertheless  be prosecuted or subjected to
   53  penalty or forfeiture for any perjury or contempt committed  in  answer-
   54  ing,  or  failing  to  answer,  or  in  producing  or failing to produce
   55  evidence, in accordance with the order, and any  such  answer  given  or
       S. 3353                            52
    1  evidence  produced  shall  be  admissible  against him upon any criminal
    2  proceeding concerning such perjury or contempt.
    3    Immunity  shall  not be conferred upon any person except in accordance
    4  with the provisions of this subdivision.  If, after compliance with  the
    5  provisions of this subdivision, a person is ordered to answer a question
    6  or  produce evidence of any other kind and complies with such order, and
    7  it is thereafter determined that the  appropriate  attorney  general  or
    8  district  attorney or prosecutor having an official interest therein was
    9  not notified, such failure or neglect shall not deprive such  person  of
   10  any immunity otherwise properly conferred upon him.
   11    6.  To  require  any applicant for registration as a longshoreman, any
   12  applicant for registration as a checker or any applicant  for  registra-
   13  tion  as  a  telecommunications  system controller and any person who is
   14  sponsored for a license as a pier superintendent or  hiring  agent,  any
   15  person  who  is  an  individual  owner  of an applicant stevedore or any
   16  persons who are individual partners of an applicant  stevedore,  or  any
   17  officers,  directors  or stockholders owning five percent or more of any
   18  of the stock of an applicant corporate stevedore or any applicant for  a
   19  license as a port watchman or any other category of applicant for regis-
   20  tration  or  licensing by law within the commission's jurisdiction to be
   21  fingerprinted by the commission.
   22    6-a. To require any applicant for registration as a longshoreman,  any
   23  applicant  for  registration as a checker or any applicant for registra-
   24  tion as a telecommunications system controller and  any  person  who  is
   25  sponsored  for  a  license as a pier superintendent or hiring agent, any
   26  person who is an individual owner  of  an  applicant  stevedore  or  any
   27  persons  who  are  individual partners of an applicant stevedore, or any
   28  officers, directors or stockholders owning five percent or more  of  any
   29  of  the stock of an applicant corporate stevedore or any applicant for a
   30  license as a port watchman or any other category of applicant for regis-
   31  tration or licensing by law within  the  commission's  jurisdiction  who
   32  has:  previously  applied and had an application denied upon submission;
   33  been removed from registration; or, had a license suspended, or  revoked
   34  and  is reapplying for registration or licensing within the commission's
   35  jurisdiction to be fingerprinted by the commission.
   36    7. To exchange fingerprint data with and receive state criminal histo-
   37  ry record information from the division of criminal justice services, as
   38  defined in subdivision one of section three thousand thirty-five of  the
   39  education  law, and federal criminal history record information from the
   40  federal bureau of investigation for use  in  making  the  determinations
   41  required by this article.
   42    8.  Notwithstanding  any  other  provision  of law to the contrary, to
   43  require any  applicant  for  employment  by  the  commission  or  person
   44  described  in  subdivision six-a of this section to be fingerprinted and
   45  to exchange fingerprint data with and  receive  state  criminal  history
   46  record  information  from  the division of criminal justice services, as
   47  defined in subdivision one of section three thousand thirty-five of  the
   48  education law, and federal criminal history information from the federal
   49  bureau  of investigation for the purposes of this subdivision and subdi-
   50  visions six, six-a and seven of this section.
   51    S 5-c. Regularization of longshoremen's employment.  1.  Notwithstand-
   52  ing  any  other  provisions  of article IX of the compact established by
   53  part I of this article, the commission shall have the  power  to  remove
   54  from  the  longshoremen's  register  any person (including those persons
   55  registered as longshoremen for less than nine  months)  who  shall  have
   56  failed to have worked as a longshoreman in the port of New York district
       S. 3353                            53
    1  for  such  minimum  number of days during a period of time as shall have
    2  been established by the commission. In administering this  section,  the
    3  commission,  in its discretion, may count applications for employment as
    4  a  longshoreman  at  an  employment information center established under
    5  article XII of the compact established by part  I  of  this  article  as
    6  constituting  actual work as a longshoreman, provided, however, that the
    7  commission shall count as actual work the compensation received  by  any
    8  longshoreman  pursuant  to the guaranteed wage provisions of any collec-
    9  tive  bargaining  agreement  relating  to  longshoremen.  Prior  to  the
   10  commencement  of any period of time established by the commission pursu-
   11  ant to this section, the commission shall establish for such period  the
   12  minimum  number  of  days  of work required and the distribution of such
   13  days during such period and shall also determine whether or not applica-
   14  tion for employment as a longshoreman shall be counted  as  constituting
   15  actual  work as a longshoreman. The commission may classify longshoremen
   16  according to length of service as a longshoreman and such other criteria
   17  as may be reasonable and necessary to carry out the provisions  of  this
   18  article.    The commission shall have the power to vary the requirements
   19  of this section with respect to their application to the various classi-
   20  fications of longshoremen. In administering this section, the commission
   21  shall observe the standards set forth in section five-p  of  this  part.
   22  Nothing  in this section shall be construed to modify, limit or restrict
   23  in any way any of the rights protected by  article  XV  of  the  compact
   24  established by part I of this article.
   25    S  5-d. Additional violations.  Any person who, having been duly sworn
   26  or affirmed as a  witness  in  any  investigation,  interview  or  other
   27  proceeding  conducted  by  the  commission pursuant to the provisions of
   28  this article, shall wilfully give false testimony shall be guilty  of  a
   29  misdemeanor  punishable  by a fine of not more than one thousand dollars
   30  or imprisonment for not more than one year or both.
   31    S 5-g. Hearings.  1. At hearings conducted by the commission  pursuant
   32  to  article  XI  of  the  compact established by part I of this article,
   33  applicants, prospective licensees, licensees and registrants shall  have
   34  the right to be accompanied and represented by counsel.
   35    2.  After  the  conclusion  of a hearing but prior to the making of an
   36  order by the commission,  a  hearing  may,  upon  petition  and  in  the
   37  discretion  of  the hearing officer, be reopened for the presentation of
   38  additional evidence.  Such petition to reopen the hearing shall state in
   39  detail the nature of the additional evidence, together with the  reasons
   40  for  the  failure to submit such evidence prior to the conclusion of the
   41  hearing.  The commission may upon its own  motion  and  upon  reasonable
   42  notice reopen a hearing for the presentation of additional evidence.
   43    Upon petition, after the making of an order of the commission, rehear-
   44  ing may be granted in the discretion of the commission.  Such a petition
   45  for  rehearing shall state in detail the grounds upon which the petition
   46  is based and shall separately set forth  each  error  of  law  and  fact
   47  alleged  to  have  been  made  by  the  commission in its determination,
   48  together with the facts and arguments in support thereof.  Such petition
   49  shall be filed with the commission not  later  than  thirty  days  after
   50  service  of such order, unless the commission for good cause shown shall
   51  otherwise direct.
   52    The commission may upon its own motion grant  a  rehearing  after  the
   53  making of an order.
   54    S  5-h.  Denial of applications.  In addition to the grounds elsewhere
   55  set forth in this article, the commission may deny an application for  a
   56  license or registration for any of the following:
       S. 3353                            54
    1    1. Conviction by a court of the United States or any state or territo-
    2  ry thereof of coercion;
    3    2.  Conviction  by  any  such  court,  after  having  been  previously
    4  convicted by any such court of any crime or of the offenses  hereinafter
    5  set  forth, of a misdemeanor or any of the following offenses:  assault,
    6  malicious injury to property, malicious mischief, unlawful taking  of  a
    7  motor  vehicle,  corruption  of  employees  or  possession of lottery or
    8  number slips;  or
    9    3. Fraud, deceit or misrepresentation in connection with any  applica-
   10  tion  or  petition submitted to, or any interview, hearing or proceeding
   11  conducted by the commission.
   12    4. Violation of any provision of this article  or  commission  of  any
   13  offense thereunder.
   14    5.  Refusal  on the part of any applicant, or prospective licensee, or
   15  of any member, officer or stockholder required by section two of article
   16  VI of the compact established by part I of this article to  sign  or  be
   17  identified  in  an  application  for  a stevedore license, to answer any
   18  material question or produce any material evidence  in  connection  with
   19  his  application  or any application made on his behalf for a license or
   20  registration pursuant to this article.
   21    6. Association with a person who has been  identified  by  a  federal,
   22  state,  or  local  law enforcement agency as a member or associate of an
   23  organized crime group, a terrorist group, or a career  offender  cartel,
   24  or  who is a career offender, under circumstances where such association
   25  creates a reasonable belief that the participation of the  applicant  in
   26  any  activity required to be licensed under this article would be inimi-
   27  cal to the policies of this article. For the purpose  of  this  section,
   28  (a) a terrorist group shall mean a group associated, affiliated or fund-
   29  ed  in  whole  or  in part by a terrorist organization designated by the
   30  secretary of state in accordance with section 219 of the immigration and
   31  nationality act, as amended from time to time, or any other organization
   32  which assists, funds or engages in acts of terrorism as defined  in  the
   33  laws  of the United States, or of either of the states of New York (such
   34  as subdivision one of section 490.05 of the penal law)  or  New  Jersey;
   35  and  (b) a career offender shall mean a person whose behavior is pursued
   36  in an occupational manner or context for the purpose  of  economic  gain
   37  utilizing  such  methods  as  are deemed criminal violations against the
   38  public policy of the states of New York and New  Jersey,  and  a  career
   39  offender  cartel  shall  mean  a  number  of  career offenders acting in
   40  concert, and may include what is commonly referred to  as  an  organized
   41  crime group.
   42    7. Conviction of a racketeering activity or knowing association with a
   43  person  who  has been convicted of a racketeering activity by a court of
   44  the United States or any state or territory thereof under  circumstances
   45  where  such  association  creates  a  reasonable belief that the partic-
   46  ipation of the applicant in any activity required to be  licensed  under
   47  this article would be inimical to the policies of this article.
   48    S  5-i.  Revocation of licenses and registrations.  In addition to the
   49  grounds elsewhere set forth in this article, any license or registration
   50  issued or made pursuant thereto may be revoked  or  suspended  for  such
   51  period as the commission deems in the public interest or the licensee or
   52  registrant may be reprimanded, for:
   53    1.  Conviction  of any crime or offense in relation to gambling, book-
   54  making, pool selling, lotteries or similar crimes  or  offenses  if  the
   55  crime  or  offense  was  committed  at  or on a pier or other waterfront
   56  terminal or within five hundred feet thereof;  or
       S. 3353                            55
    1    2. Wilful commission of, or wilful attempt to commit at or on a water-
    2  front terminal or adjacent highway, any act of physical  injury  to  any
    3  other  person  or  of  wilful damage to or misappropriation of any other
    4  person's property, unless justified or excused by law;  or
    5    3.  Receipt or solicitation of anything of value from any person other
    6  than a licensee's or registrant's  employer  as  consideration  for  the
    7  selection or retention for employment of such licensee or registrant;
    8   or
    9    4. Coercion of a licensee or registrant by threat of discrimination or
   10  violence  or economic reprisal, to make purchases from or to utilize the
   11  services of any person;  or
   12    5. Refusal to answer any material question  or  produce  any  evidence
   13  lawfully  required  to  be  answered  or  produced at any investigation,
   14  interview or other proceeding conducted by the  commission  pursuant  to
   15  the  provisions of this article, or, if such refusal is accompanied by a
   16  valid plea of privilege against self-incrimination, refusal to  obey  an
   17  order  to  answer  such  question  or  produce such evidence made by the
   18  commission pursuant to the provisions of  subdivision  five  of  section
   19  five-b of this part.
   20    6.  Association  with  a  person who has been identified by a federal,
   21  state, or local law enforcement agency as a member or  associate  of  an
   22  organized  crime  group, a terrorist group, or a career offender cartel,
   23  or who is a career offender, under circumstances where such  association
   24  creates  a  reasonable belief that the participation of the applicant in
   25  any activity required to be licensed under this article would be  inimi-
   26  cal  to  the  policies of this article. For the purpose of this section,
   27  (a) a terrorist group shall mean a group associated, affiliated or fund-
   28  ed in whole or in part by a terrorist  organization  designated  by  the
   29  secretary of state in accordance with section 219 of the immigration and
   30  nationality act, as amended from time to time, or any other organization
   31  which  assists,  funds or engages in acts of terrorism as defined in the
   32  laws of the United States, or of either of the states of New York  (such
   33  as  subdivision  one  of section 490.05 of the penal law) or New Jersey;
   34  and (b) a career offender shall mean a person whose behavior is  pursued
   35  in  an  occupational  manner or context for the purpose of economic gain
   36  utilizing such methods as are deemed  criminal  violations  against  the
   37  public  policy  of  the  states of New York and New Jersey, and a career
   38  offender cartel shall mean  a  number  of  career  offenders  acting  in
   39  concert,  and  may  include what is commonly referred to as an organized
   40  crime group.
   41    7. Conviction of a racketeering activity or knowing association with a
   42  person who has been convicted of a racketeering activity by a  court  of
   43  the  United States or any state or territory thereof under circumstances
   44  where such association creates a  reasonable  belief  that  the  partic-
   45  ipation  of  the applicant in any activity required to be licensed under
   46  this article would be inimical to the policies of this article.
   47    S 5-j. Removal of port watchmen's ineligibility.   Any  port  watchman
   48  ineligible  for a license by reason of the provisions of subdivision (b)
   49  of section three of article X of the compact established by  part  I  of
   50  this  article  may  petition  for  and the commission may issue an order
   51  removing the ineligibility in the manner provided in subdivision (b)  of
   52  section  three of article V of the compact established by part I of this
   53  article.
   54    S 5-k. Petition for order to remove an ineligibility.  A petition  for
   55  an  order  to  remove  an ineligibility under subdivision (b) of section
   56  three of article V, subdivision (e) of  section  three  of  article  VI,
       S. 3353                            56
    1  subdivision (b) of section three of article X of the compact established
    2  by part I of this article, or subdivision three (b) of section five-n of
    3  this  part  may  be  made  to the commission before or after the hearing
    4  required  by  article  XI  of  the compact established by part I of this
    5  article.
    6    S 5-l. Denial of stevedore applications.  In addition to  the  grounds
    7  elsewhere  set  forth  in this article the commission shall not grant an
    8  application for a license as stevedore
    9    1. If on or after July first, nineteen hundred fifty-six,  the  appli-
   10  cant  has  paid,  given, caused to have been paid or given or offered to
   11  pay or give to any agent of any carrier of freight by water any valuable
   12  consideration for an improper or unlawful purpose or, without the  know-
   13  ledge  and  consent of such carrier, to induce such agent to procure the
   14  employment of the applicant  by  such  carrier  or  its  agent  for  the
   15  performance of stevedoring services.
   16    S  5-n.  Checkers.    1.  The  commission  shall  establish within the
   17  longshoremen's register a list of all qualified  longshoremen  eligible,
   18  as  hereinafter  provided, for employment as checkers in the port of New
   19  York district.  No person shall act as a checker within the port of  New
   20  York  district  unless  at the time he is included in the longshoremen's
   21  register as a checker, and no person shall employ another to work  as  a
   22  checker  within  the  port  of New York district unless at the time such
   23  other person is included in the longshoremen's register as a checker.
   24    2. Any person applying for inclusion in the longshoremen's register as
   25  a checker shall file at any such place and in such manner as the commis-
   26  sion shall designate a written statement, signed and  verified  by  such
   27  person, setting forth the following:
   28    (a) The full name, residence, place and date of birth and social secu-
   29  rity number of the applicant;
   30    (b)  The  present and previous occupations of the applicant, including
   31  the places where he was employed and the names of his employers;
   32    (c) Such further facts and evidence as may be required by the  commis-
   33  sion  to  ascertain  the character, integrity and identity of the appli-
   34  cant.
   35    3. No person shall be included in the  longshoremen's  register  as  a
   36  checker
   37    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
   38  possesses good character and integrity;
   39    (b) If the applicant has, without subsequent pardon, been convicted by
   40  a court of the United States or any state or territory thereof,  of  the
   41  commission  of,  or the attempt or conspiracy to commit treason, murder,
   42  manslaughter or any felony or high misdemeanor or any of  the  following
   43  misdemeanors  or  offenses:  illegally  using,  carrying or possessing a
   44  pistol or other dangerous weapon; making or possessing burglar's instru-
   45  ments; buying or receiving stolen property; unlawful entry of  a  build-
   46  ing;  aiding  an  escape  from prison; unlawfully possessing, possessing
   47  with intent to distribute, sale or distribution of a controlled  danger-
   48  ous  substance  (controlled  substance)  or, in New Jersey, a controlled
   49  dangerous substance analog (controlled substance analog); petty larceny,
   50  where the evidence shows the property was stolen from a vessel, pier  or
   51  other  waterfront  terminal;  and  violation  of the compact.   Any such
   52  applicant ineligible for inclusion in the longshoremen's register  as  a
   53  checker  by  reason  of  any  such  conviction  may  submit satisfactory
   54  evidence to the commission that he has for a period  of  not  less  than
   55  five  years,  measured  as  hereinafter  provided, and up to the time of
   56  application, so  conducted  himself  as  to  warrant  inclusion  in  the
       S. 3353                            57
    1  longshoremen's register as a checker, in which event the commission may,
    2  in its discretion, issue an order removing such ineligibility. The afor-
    3  esaid  period  of  five  years shall be measured either from the date of
    4  payment  of  any  fine  imposed  upon  such  person or the suspension of
    5  sentence or from the date of  his  unrevoked  release  from  custody  by
    6  parole, commutation or termination of his sentence;
    7    (c)  If the applicant knowingly or wilfully advocates the desirability
    8  of overthrowing or destroying the government of  the  United  States  by
    9  force  or  violence or shall be a member of a group which advocates such
   10  desirability, knowing the purposes of such group include such advocacy.
   11    4. When the application shall have  been  examined  and  such  further
   12  inquiry  and  investigation made as the commission shall deem proper and
   13  when the commission shall be  satisfied  therefrom  that  the  applicant
   14  possesses   the  qualifications  and  requirements  prescribed  by  this
   15  section,  the  commission   shall   include   the   applicant   in   the
   16  longshoremen's  register as a checker.  The commission may permit tempo-
   17  rary registration as a checker to any applicant under this section pend-
   18  ing final action on an application made  for  such  registration,  under
   19  such  terms  and conditions as the commission may prescribe, which shall
   20  be valid for a period to be fixed by the commission, not  in  excess  of
   21  six months.
   22    5. The commission shall have power to reprimand any checker registered
   23  under  this section or to remove him from the longshoremen's register as
   24  a checker for such period of time as it deems in the public interest for
   25  any of the following offenses:
   26    (a) Conviction of a crime or other cause which would permit  disquali-
   27  fication of such person from inclusion in the longshoremen's register as
   28  a checker upon original application;
   29    (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
   30  longshoremen's register as a checker or in the conduct of the registered
   31  activity;
   32    (c) Violation of any of the provisions of the compact  established  by
   33  part I of this article;
   34    (d)  Conviction of a crime involving unlawfully possessing, possession
   35  with intent to distribute, sale or distribution of a controlled  danger-
   36  ous  substance  (controlled  substance)  or, in New Jersey, a controlled
   37  dangerous substance analog (controlled substance analog);
   38    (e) Inducing or otherwise aiding or abetting any person to violate the
   39  terms of the compact established by part I of this article;
   40    (f) Paying, giving, causing to be paid or given or offering to pay  or
   41  give  to  any  person  any  valuable  consideration to induce such other
   42  person to violate any provision of the compact or to induce  any  public
   43  officer,  agent  or  employee  to  fail  to  perform  his duty under the
   44  compact;
   45    (g) Consorting with known criminals for an unlawful purpose;
   46    (h) Transfer or surrender of possession to any person either temporar-
   47  ily or permanently of any card or other means of  identification  issued
   48  by  the commission as evidence of inclusion in the longshoremen's regis-
   49  ter without satisfactory explanation;
   50    (i) False impersonation of another longshoreman or of  another  person
   51  licensed under the compact.
   52    6.  The  commission  shall have the right to recover possession of any
   53  card or other means of identification issued as evidence of inclusion in
   54  the longshoremen's register as a checker in the event  that  the  holder
   55  thereof has been removed from the longshoremen's register as a checker.
       S. 3353                            58
    1    7.  Nothing  contained  in this section shall be construed to limit in
    2  any way any rights of labor reserved by article XV of the compact estab-
    3  lished by part I of this article.
    4    S  5-o.  Supplementary violations.  Any person who, without justifica-
    5  tion or excuse in law, directly or indirectly  intimidates  or  inflicts
    6  any  injury,  damage,  harm,  loss  or economic reprisal upon any person
    7  licensed or registered by  the  commission,  or  any  other  person,  or
    8  attempts,  conspires  or threatens so to do, in order to interfere with,
    9  impede or influence such licensed or registered person in  the  perform-
   10  ance  or  discharge  of his duties or obligations shall be punishable as
   11  provided in section four of this part.
   12    S 5-p. Suspension or  acceptance  of  applications  for  inclusion  in
   13  longshoremen's  register;  exceptions.  1. The commission shall have the
   14  power to make determinations to suspend the  acceptance  of  application
   15  for inclusion in the longshoremen's register for such periods of time as
   16  the commission may from time to time establish and, after any such peri-
   17  od  of  suspension, the commission shall have the power to make determi-
   18  nations to accept applications for such period of time as the commission
   19  may establish or in such number as  the  commission  may  determine,  or
   20  both.  Such  determinations  to  suspend or accept applications shall be
   21  made by the commission: (a) on its own initiative or (b) upon the  joint
   22  recommendation  in  writing  of  stevedores and other employers of long-
   23  shoremen in the port of New York district, acting through  their  repre-
   24  sentative  for  the purpose of collective bargaining with a labor organ-
   25  ization representing such longshoremen in such district and  such  labor
   26  organization  or  (c)  upon  the  petition  in writing of a stevedore or
   27  another employer of longshoremen in the port of New York district  which
   28  does  not have a representative for the purpose of collective bargaining
   29  with a labor organization representing such longshoremen. The commission
   30  shall have the power to accept or reject such  joint  recommendation  or
   31  petition.
   32    All  joint  recommendations  or  petitions filed for the acceptance of
   33  applications with the commission for  inclusion  in  the  longshoremen's
   34  register shall include:
   35    (a) the number of employees requested;
   36    (b) the category or categories of employees requested;
   37    (c)  a  detailed  statement  setting  forth the reasons for said joint
   38  recommendation or petition;
   39    (d) in cases where a joint recommendation is made under this  section,
   40  the collective bargaining representative of stevedores and other employ-
   41  ers  of  longshoremen  in  the  port  of New York district and the labor
   42  organization representing such longshoremen shall provide the allocation
   43  of the number of persons to be sponsored by each employer of  longshore-
   44  men in the port of New York district; and
   45    (e) any other information requested by the commission.
   46    2.  In  administering  the  provisions of this section, the commission
   47  shall observe the following standards:
   48    (a) To encourage as far  as  practicable  the  regularization  of  the
   49  employment of longshoremen;
   50    (b) To bring the number of eligible longshoremen into balance with the
   51  demand  for longshoremen's services within the port of New York district
   52  without reducing the number of eligible longshoremen below  that  neces-
   53  sary  to  meet  the requirements of longshoremen in the port of New York
   54  district;
   55    (c) To encourage the mobility and full  utilization  of  the  existing
   56  work force of longshoremen;
       S. 3353                            59
    1    (d)  To  protect  the job security of the existing work force of long-
    2  shoremen by considering the wages and employment benefits of prospective
    3  registrants;
    4    (e)  To  eliminate  oppressive  and evil hiring practices injurious to
    5  waterfront labor and  waterborne  commerce  in  the  port  of  New  York
    6  district,  including,  but  not  limited  to,  those oppressive and evil
    7  hiring practices that may result from either a surplus  or  shortage  of
    8  waterfront labor;
    9    (f)  To consider the effect of technological change and automation and
   10  such other economic data and facts as are relevant to a proper  determi-
   11  nation;
   12    (g) To protect the public interest of the port of New York district.
   13    In observing the foregoing standards and before determining to suspend
   14  or accept applications for inclusion in the longshoremen's register, the
   15  commission  shall  consult with and consider the views of, including any
   16  statistical data or other factual information concerning the size of the
   17  longshoremen's register submitted by,  carriers  of  freight  by  water,
   18  stevedores,  waterfront  terminal owners and operators, any labor organ-
   19  ization representing employees registered by  the  commission,  and  any
   20  other  person  whose  interests  may  be  affected  by  the  size of the
   21  longshoremen's register.
   22    Any joint  recommendation  or  petition  granted  hereunder  shall  be
   23  subject to such terms and conditions as the commission may prescribe.
   24    3.  Any  determination  by  the commission pursuant to this section to
   25  suspend or accept  applications  for  inclusion  in  the  longshoremen's
   26  register  shall  be made upon a record, shall not become effective until
   27  five days after notice thereof to the  collective  bargaining  represen-
   28  tative  of stevedores and other employers of longshoremen in the port of
   29  New York district and to the labor organization representing such  long-
   30  shoremen  and/or  the  petitioning  stevedore or other employer of long-
   31  shoremen in the port of New York district and shall be subject to  judi-
   32  cial  review for being arbitrary, capricious, and an abuse of discretion
   33  in a proceeding jointly instituted by such representative and such labor
   34  organization and/or by the petitioning stevedore or  other  employer  of
   35  longshoremen  in  the  port  of  New York district. Such judicial review
   36  proceeding may be instituted in either state in the manner  provided  by
   37  the  law  of  such  state  for review of the final decision or action of
   38  administrative agencies of such  state,  provided,  however,  that  such
   39  proceeding  shall  be  decided directly by the appellate division as the
   40  court of first instance (to which the proceeding shall be transferred by
   41  order of transfer by the supreme court in the state of New  York  or  in
   42  the state of New Jersey by notice of appeal from the commission's deter-
   43  mination)  and provided further that notwithstanding any other provision
   44  of law in either state no court shall have power  to  stay  the  commis-
   45  sion's  determination  prior  to  final  judicial decision for more than
   46  fifteen days. In the event that the court enters a final  order  setting
   47  aside  the  determination  by  the commission to accept applications for
   48  inclusion in the longshoremen's register, the registration of any  long-
   49  shoremen  included  in  the  longshoremen's register as a result of such
   50  determination by the commission shall be cancelled.
   51    This section shall apply, notwithstanding any other provision of  this
   52  article,  provided  however,  such section shall not in any way limit or
   53  restrict the provisions of section five of article  IX  of  the  compact
   54  established  by  part  I  of  this  article empowering the commission to
   55  register longshoremen on a temporary basis to meet special or  emergency
   56  needs  or  the  provisions  of section four of article IX of the compact
       S. 3353                            60
    1  established by part I of this article relating to  the  immediate  rein-
    2  statement  of  persons removed from the longshoremen's register pursuant
    3  to article IX of the compact established by  part  I  of  this  article.
    4  Nothing  in this section shall be construed to modify, limit or restrict
    5  in any way any of the rights protected by  article  XV  of  the  compact
    6  established by part I of this article.
    7    4.  Upon  the  granting  of any joint recommendation or petition under
    8  this section for the acceptance of applications  for  inclusion  in  the
    9  longshoremen's  register,  the commission shall accept applications upon
   10  written sponsorship from the prospective employer of  longshoremen.  The
   11  sponsoring  employer shall furnish the commission with the name, address
   12  and such other identifying or category information as the commission may
   13  prescribe for any person so sponsored.  The  sponsoring  employer  shall
   14  certify  that  the  selection  of the persons so sponsored was made in a
   15  fair and non-discriminatory basis in accordance with the requirements of
   16  the laws of the United States and the states of New York and New  Jersey
   17  dealing with equal employment opportunities.
   18    Notwithstanding  any of the foregoing, where the commission determines
   19  to accept applications for inclusion in the longshoremen's  register  on
   20  its own initiative, such acceptance shall be accomplished in such manner
   21  deemed appropriate by the commission.
   22    5. Notwithstanding any other provision of this article, the commission
   23  may  include  in the longshoremen's register under such terms and condi-
   24  tions as the commission may prescribe:
   25    (a) a person issued registration on a temporary basis to meet  special
   26  or emergency needs who is still so registered by the commission;
   27    (b)  a  person defined as a longshoreman in subdivision six of section
   28  five-a of this part who is employed by a stevedore defined in  paragraph
   29  (b)  or  (c)  of subdivision one of said section five-a of this part and
   30  whose  employment  is  not  subject  to  the  guaranteed  annual  income
   31  provisions of any collective bargaining agreement relating to longshore-
   32  men;
   33    (c)  no more than twenty persons issued registration limited to acting
   34  as scalemen pursuant to the provisions of chapter 953  of  the  laws  of
   35  1969  and  chapter 64 of the laws of 1982 who are still so registered by
   36  the commission and who are no longer employed as scalemen on the  effec-
   37  tive date of this subdivision;
   38    (d)  a person issued registration on a temporary basis as a checker to
   39  meet special or emergency needs who applied for such registration  prior
   40  to January 15, 1986 and who is still so registered by the commission;
   41    (e)  a person issued registration on a temporary basis as a checker to
   42  meet special or emergency needs in accordance with a waterfront  commis-
   43  sion  resolution  of September 4, 1996 and who is still so registered by
   44  the commission;
   45    (f) a person issued registration on a temporary basis as  a  container
   46  equipment operator to meet special or emergency needs in accordance with
   47  a waterfront commission resolution of September 4, 1996 and who is still
   48  so registered by the commission; and
   49    (g)  a person issued registration on a temporary basis as a longshore-
   50  man to meet special or emergency needs in accordance with  a  waterfront
   51  commission  resolution  of  September 4, 1996 and who is still so regis-
   52  tered by the commission.
   53    6. The commission may include in the  longshoremen's  register,  under
   54  such  terms  and  conditions  as  the  commission may prescribe, persons
   55  issued registration on a temporary basis as a longshoreman or a  checker
       S. 3353                            61
    1  to  meet  special  or emergency needs and who are still so registered by
    2  the commission upon the enactment of this section.
    3    S 5-q. Temporary suspension of permits, licenses and registrations. 1.
    4  The commission may temporarily suspend a temporary permit or a permanent
    5  license  or  a  temporary  or  permanent  registration  pursuant  to the
    6  provisions of subdivision four of article XI of the compact  established
    7  by part I of this article until further order of the commission or final
    8  disposition  of  the underlying case, only where the permittee, licensee
    9  or registrant has been indicted for, or otherwise charged with, a  crime
   10  which  is  equivalent to a felony in the state of New York or to a crime
   11  of the third, second or first degree in the state of New Jersey or  only
   12  where the permittee or licensee is a port watchman who is charged by the
   13  commission  pursuant  to article XI of the compact established by part I
   14  of this article with misappropriating any other person's property at  or
   15  on a pier or other waterfront terminal.
   16    2.  In  the  case  of a permittee, licensee or registrant who has been
   17  indicted for, or otherwise charged with, a crime, the temporary  suspen-
   18  sion shall terminate immediately upon acquittal or upon dismissal of the
   19  criminal charge. A person whose permit, license or registration has been
   20  temporarily  suspended  may,  at  any  time,  demand that the commission
   21  conduct a hearing as provided for in article XI of  the  compact  estab-
   22  lished by part I of this article.  Within sixty days of such demand, the
   23  commission shall commence the hearing and, within thirty days of receipt
   24  of  the administrative judge's report and recommendation, the commission
   25  shall render a final  determination  thereon;  provided,  however,  that
   26  these  time requirements, shall not apply for any period of delay caused
   27  or requested by the permittee, licensee or registrant. Upon  failure  of
   28  the  commission  to  commence a hearing or render a determination within
   29  the time limits prescribed  herein,  the  temporary  suspension  of  the
   30  licensee  or registrant shall immediately terminate. Notwithstanding any
   31  other provision of this subdivision, if a federal, state, or  local  law
   32  enforcement  agency  or prosecutor's office shall request the suspension
   33  or deferment of any hearing on the ground  that  such  a  hearing  would
   34  obstruct  or  prejudice  an investigation or prosecution, the commission
   35  may in its discretion, postpone or defer such hearing for a time certain
   36  or indefinitely. Any action by the  commission  to  postpone  a  hearing
   37  shall be subject to immediate judicial review as provided in subdivision
   38  seven  of  article XI of the compact established by part I of this arti-
   39  cle.
   40    3. The commission may in addition,  within  its  discretion,  bar  any
   41  permittee, licensee or registrant whose license or registration has been
   42  suspended pursuant to the provisions of subdivision one of this section,
   43  from  any  employment by a licensed stevedore or a carrier of freight by
   44  water during the period of such suspension, if the  alleged  crime  that
   45  forms  the  basis of such suspension involves the possession with intent
   46  to distribute, sale, or distribution of a controlled dangerous substance
   47  (controlled substance) or, in New Jersey, controlled dangerous substance
   48  analog (controlled substance analog), racketeering or theft from a  pier
   49  or waterfront terminal.
   50    S  5-r.  Continuance of port watchmen's licenses.  Notwithstanding any
   51  provision of section five of article X of  the  compact  established  by
   52  part  I  of  this  article,  a  license  to act as a port watchman shall
   53  continue and need not  be  renewed,  provided  the  licensee  shall,  as
   54  required by the commission:
       S. 3353                            62
    1    1.  Submit  to  a medical examination and meet the physical and mental
    2  fitness standards established by  the  commission  pursuant  to  section
    3  three of article X of the compact established by part I of this article;
    4    2. Complete a refresher course of training;  and
    5    3. Submit supplementary personal history information.
    6    S  5-s.  Regularization of port watchmen's employment.  The commission
    7  shall, at regular intervals, cancel the license or temporary permit of a
    8  port watchman who shall have failed during the preceding  twelve  months
    9  to  have  worked  as  a port watchman in the port of New York district a
   10  minimum number of hours as shall have been established  by  the  commis-
   11  sion,  except  that  immediate  restoration of such license or temporary
   12  permit shall be made upon proper showing that the failure to so work was
   13  caused by the fact that the licensee or permittee  was  engaged  in  the
   14  military  service  of  the  United  States  or  was incapacitated by ill
   15  health, physical injury or other good cause.
   16    S 5-t. Duration of stevedore's license.  A stevedore's license granted
   17  pursuant to article VI of the compact established  by  part  I  of  this
   18  article  shall be for a term of five years or fraction of such five year
   19  period, and shall expire on the first day of December. In the  event  of
   20  the  death  of  the licensee, if a natural person, or its termination or
   21  dissolution by reason of a death of a partner, if a partnership,  or  if
   22  the  licensee  shall  cease  to  be  a party to any contract of the type
   23  required by subdivision (d) of  section  three  of  article  VI  of  the
   24  compact  established by part I of this article, the license shall termi-
   25  nate ninety days after such event or upon its expiration date, whichever
   26  shall be sooner. A license may be renewed by the commission for  succes-
   27  sive  five year periods upon fulfilling the same requirements as are set
   28  forth in article VI of the compact established by part I of this article
   29  for an original application for a stevedore's license.
   30    S 5-u. Implementation of telecommunications hiring  system  for  long-
   31  shoremen  and  checkers  and  registration  of telecommunications system
   32  controller.   1. The commission may  designate  one  of  the  employment
   33  information  centers  it  is  authorized to establish and maintain under
   34  article XII of the compact established by part I of this article for the
   35  implementation of a telecommunications hiring system through which long-
   36  shoremen and checkers may be hired and  accept  employment  without  any
   37  personal  appearance  at said center. Any such telecommunications hiring
   38  system shall incorporate hiring and  seniority  agreements  between  the
   39  employers  of  longshoremen  and  checkers  and  the  labor organization
   40  representing longshoremen and checkers in the port of New York district,
   41  provided said agreements are not in conflict with the provisions of this
   42  article.
   43    2. The commission shall permit employees of the association represent-
   44  ing employers of longshoremen and checkers and of the labor organization
   45  representing longshoremen and checkers in the port of New York district,
   46  or of a joint board of  such  association  and  labor  organization,  to
   47  participate  in  the operation of said telecommunications hiring system,
   48  provided that any such employee is registered by  the  commission  as  a
   49  "telecommunications   system   controller"   in   accordance   with  the
   50  provisions, standards and grounds set forth in this article with respect
   51  to the registration of checkers. No person shall act as a  "telecommuni-
   52  cations  system  controller"  unless  he  or she is so registered.   Any
   53  application for such registration and any registration  made  or  issued
   54  may be denied, revoked, cancelled or suspended, as the case may be, only
   55  in  the  manner  prescribed  in article XI of the compact established by
   56  part I of this article.  Any and all such participation in the operation
       S. 3353                            63
    1  of said telecommunications hiring  system  shall  be  monitored  by  the
    2  commission.
    3    3.  Any  and  all  records,  documents,  tapes,  discs  and other data
    4  compiled, collected or maintained  by  said  association  of  employers,
    5  labor  organization and joint board of such association and labor organ-
    6  ization pertaining to the  telecommunications  hiring  system  shall  be
    7  available  for  inspection, investigation and duplication by the commis-
    8  sion.
    9                                  PART III
   10    S 6. Commission established for New York state. Unless and  until  the
   11  provisions of the compact contained in part I of this article shall have
   12  been  concurred  in  by the state of New Jersey, the consent of congress
   13  given thereto, and the commission, provided for therein, established:
   14    1. The provisions of such compact and sections two,  three,  four  and
   15  five  of part II of this article shall apply to and be in full force and
   16  effect within the state of New York, except as limited by this  section,
   17  and any violation of such compact or section shall be a violation of the
   18  laws  of the state of New York, provided, however, that (with respect to
   19  the definitions contained in such compact):
   20    (a) "The port of New York district" shall mean only  that  portion  of
   21  the district within the state of New York;
   22    (b)  The  "commission", hereinafter referred to in this section as the
   23  "New York commission", shall mean and consist of the member appointed by
   24  the governor of this state by and with the advice  and  consent  of  the
   25  senate,  and  he shall possess and exercise all the powers and duties of
   26  the commission set forth in part I of this article and any other  powers
   27  and duties conferred herein;
   28    (c) The powers and duties of any other officer or agency of this state
   29  prescribed  by part I of this article or otherwise by this article shall
   30  be effective as if the provisions of the compact were effective as a law
   31  of this state;  and
   32    (d) The New York commission shall not be deemed to be a body corporate
   33  and politic and shall be in the executive department of this state.
   34    2. The New York commission is authorized to cooperate with  a  similar
   35  commission  of  the  state of New Jersey, to exchange information on any
   36  matter pertinent to the purposes of this  article,  and  to  enter  into
   37  reciprocal agreements for the accomplishment of such purposes, including
   38  but not limited to the following objectives:
   39    (a) To provide for the reciprocal recognition of any license issued or
   40  registration made by either commission;
   41    (b)  To give reciprocal effect to any revocation, suspension or repri-
   42  mand with respect to any licensee, and any reprimand or removal  from  a
   43  longshoremen's register;
   44    (c) To provide that any act or omission by a licensee or registrant in
   45  either state which would be a basis for disciplinary action against such
   46  licensee  or registrant if it occurred in the state in which the license
   47  was issued or the person registered shall be the basis for  disciplinary
   48  action in both states;
   49    (d)  To  provide  that  longshoremen  registered  in either state, who
   50  perform work or who apply for work at an employment  information  center
   51  within the other state shall be deemed to have performed work or to have
   52  applied for work in the state in which they are registered.
   53    3. Notwithstanding any other provision of law, the officers, employees
   54  and  agents  of  the  commission  established  by  this  section  may be
   55  appointed or employed without regard to their state of  residence.  Such
       S. 3353                            64
    1  commission  may appoint or employ the same person to a similar office or
    2  employment in this state as he holds in a similar commission  or  agency
    3  of the state of New Jersey.
    4    Notwithstanding  any  other provision of this article, for the purpose
    5  of providing for the commission's expenses of administration during  the
    6  remainder  of  the  calendar  year  following the effective date of this
    7  article, and until  June  thirtieth,  nineteen  hundred  fifty-four  the
    8  assessment for such expense shall be at the rate of one and one-half per
    9  cent.  Such  assessment shall be made, collected and enforced in accord-
   10  ance with article XIII of the compact established  by  part  I  of  this
   11  article and part II of this article.
   12    S 7. Prohibition against loitering.  No person shall, without a satis-
   13  factory  explanation,  loiter  upon any vessel, dock, wharf, pier, bulk-
   14  head, terminal, warehouse, or other waterfront facility or  within  five
   15  hundred  feet  thereof  in that portion of the port of New York district
   16  within the state of New York.
   17    S 8. Prohibition against unions having officers, agents  or  employees
   18  who have been convicted of certain crimes and offenses.  No person shall
   19  solicit,  collect  or  receive  any  dues, assessments, levies, fines or
   20  contributions, or other charges within the state for or on behalf of any
   21  labor organization which represents  employees  registered  or  licensed
   22  pursuant  to the provisions of this article or which derives its charter
   23  from a labor organization representing  one  hundred  or  more  of  such
   24  registered  or  licensed employees, if any officer, agent or employee of
   25  such labor organization, or of a  welfare  fund  or  trust  administered
   26  partially or entirely by such labor organization or by trustees or other
   27  persons  designated  by such labor organization, has been convicted by a
   28  court of the United States, or any state  or  territory  thereof,  of  a
   29  felony,  any  misdemeanor  involving  moral  turpitude  or  any crime or
   30  offense enumerated in subdivision three (b) of section five-n of part II
   31  of this article, unless he has been subsequently  pardoned  therefor  by
   32  the governor or other appropriate authority of the state or jurisdiction
   33  in  which  such conviction was had or has received a certificate of good
   34  conduct from the board of parole pursuant to the provisions of the exec-
   35  utive law to remove the disability.  No person so convicted shall  serve
   36  as  an  officer,  agent  or employee of such labor organization, welfare
   37  fund or trust unless such person has been so pardoned or has received  a
   38  certificate  of good conduct.  No person, including such labor organiza-
   39  tion, welfare fund or   trust, shall  knowingly  permit  such  convicted
   40  person  to assume or hold any office, agency, or employment in violation
   41  of this section.
   42    As used in this section, the term "labor organization" shall mean  and
   43  include any organization which exists and is constituted for the purpose
   44  in whole or in part of collective bargaining, or of dealing with employ-
   45  ers  concerning  grievances,  terms  and conditions of employment, or of
   46  other mutual aid or protection;  but it shall not include  a  federation
   47  or  congress  of labor organizations organized on a national or interna-
   48  tional basis even though one of its constituent labor organizations  may
   49  represent persons so registered or licensed.
   50    Any  person who shall violate this section shall be guilty of a misde-
   51  meanor punishable by a fine of not more than  five  hundred  dollars  or
   52  imprisonment for not more than one year or both.
   53    S  8-a.  Exception  to  section eight for certain employees.   If upon
   54  application to the commission by an employee who has been convicted of a
   55  crime or offense specified in section eight of this part the commission,
   56  in its discretion, determines in an order that it would not be  contrary
       S. 3353                            65
    1  to the purposes and objectives of this article for such employee to work
    2  in  a  particular  employment  for a labor organization, welfare fund or
    3  trust within the meaning of section eight of this part,  the  provisions
    4  of  section eight of this part shall not apply to the particular employ-
    5  ment of such employee with respect to such conviction or convictions  as
    6  are  specified  in  the commission's order.   This section is applicable
    7  only to those employees who for wages or salary perform manual,  mechan-
    8  ical,  or  physical work of a routine or clerical nature at the premises
    9  of the labor organization, welfare fund  or  trust  by  which  they  are
   10  employed.
   11                                   PART IV
   12    S  10. Compact.  The state of New York hereby agrees with the state of
   13  New Jersey, upon the enactment by the state of New Jersey of legislation
   14  having the same effect as this section, to the following compact:
   15                                  ARTICLE I
   16                          FINDINGS AND DECLARATIONS
   17    1. The states of New York and New Jersey hereby find and declare  that
   18  the  movement of freight through the two states is vital to their econo-
   19  mies and prosperity; that ever increasing amounts of  such  freight  are
   20  being  carried by the air freight industry; that said air freight indus-
   21  try in the two states constitutes an inseparable and  integral  unit  of
   22  the  commerce  of  the two states;  that criminal and racketeer elements
   23  have infiltrated the air freight industry;   that such  criminal  infil-
   24  tration  is  threatening  the growth of said air freight industry;  that
   25  one of the means by which such criminal and  racketeer  elements  infil-
   26  trate  the air freight industry is by posing as labor relations consult-
   27  ants and that firms handling air freight are often forced to  employ  or
   28  engage  such  persons;    that  the air freight industry is suffering an
   29  alarming rise in the amount of pilferage and theft of air freight;   and
   30  that it is imperative to the continued growth and economic well-being of
   31  the  states  of  New  York  and New Jersey that every possible effective
   32  measure be taken to prevent the pilferage and theft of air  freight  and
   33  the criminal infiltration of the air freight industry.
   34    2.  The states of New York and New Jersey hereby find and declare that
   35  many of the evils existing in the air freight industry result  not  only
   36  from  the  causes above described but from the lack of regulation of the
   37  air freight industry in and about the port of New York district;    that
   38  the  air  freight  industry is affected with a public interest requiring
   39  regulation, just as the states of New York and New Jersey  have  hereto-
   40  fore  found  and declared in respect to the shipping industry;  and that
   41  such regulation of the air freight industry shall be deemed an  exercise
   42  of  the  police power of the two states for the protection of the public
   43  safety, welfare, prosperity, health, peace and living conditions of  the
   44  people of the states.
   45                                 ARTICLE II
   46                                 DEFINITIONS
   47    As used in this compact:
   48    1.  "Commission"  shall  mean the waterfront and airport commission of
   49  New York and New Jersey established by part  I,  article  III,  of  this
   50  compact.
       S. 3353                            66
    1    2.  "Airport"  shall  mean  any area on land, water or building or any
    2  other facility located within the states of  New  York  and  New  Jersey
    3  (except  a  military  installation  of the United States government) (a)
    4  which is located within one hundred miles of any point in  the  port  of
    5  New York district, (b) which is used, or intended for use, for the land-
    6  ing  and take-off of aircraft operated by an air carrier, and any appur-
    7  tenant areas which are used or intended for use, for  airport  buildings
    8  or  other airport facilities or rights of way, together with all airport
    9  buildings, equipment, aircraft, and facilities located thereon, and  (c)
   10  where  the  total  tonnage  of air freight in a calendar year loaded and
   11  unloaded on and from aircraft exceeds twenty thousand tons.
   12    3. "Air carrier" shall mean any person who may be engaged or  who  may
   13  hold  himself out as willing to be engaged, whether as a common carrier,
   14  as a contract carrier or otherwise, in the carriage of freight by air.
   15    4. "Air freight"  shall  mean  freight  (including  baggage,  aircraft
   16  stores  and mail) which is, has been, or will be carried by or consigned
   17  for carriage by an air carrier.
   18    5. "Air freight terminal" shall include any warehouse, depot or  other
   19  terminal (other than an airport) (a) any part of which is located within
   20  an airport and any part of which is used for the storage of air freight,
   21  or  (b)  which  is  operated by an air carrier or a contractor of an air
   22  carrier and any part of which is used for the storage of air freight and
   23  any part of which is located within the port of New York district.
   24    6. "Air freight terminal operator" shall mean the  owner,  lessee,  or
   25  contractor  or  such  other  person  (other  than an employee) who is in
   26  direct and immediate charge and control of an air freight  terminal,  or
   27  any portion thereof.
   28    7.  "Air freight truck carrier" shall mean a contractor (other than an
   29  employee) engaged for compensation pursuant to a  contract  or  arrange-
   30  ment,  directly  or  indirectly,  with an air carrier or air carriers or
   31  with an air freight terminal operator or  operators  in  the  moving  of
   32  freight  to  or  from  an  airport or air freight terminal by a truck or
   33  other motor vehicle used primarily for the transportation of property.
   34    8. "Air freight security area" shall mean any area located within  the
   35  airport  to  which  the  commission  determines that limited ingress and
   36  egress is required for the protection and security of  any  air  freight
   37  located within the airport.
   38    9. "Airfreightman" shall mean a natural person who is employed
   39    (a) by any person to physically move or to perform services incidental
   40  to the movement of air freight at an airport or in an air freight termi-
   41  nal; or
   42    (b)  by  an  air carrier or an air freight terminal operator or an air
   43  freight truck carrier to transport or to assist in the transportation of
   44  air freight to or from an airport or air freight terminal;  or
   45    (c) by any person to engage in direct and immediate  checking  of  any
   46  air  freight  located  in an airport or in an air freight terminal or of
   47  the custodial accounting therefor.
   48    10. "Airfreightman supervisor" shall mean  a  natural  person  who  is
   49  employed  to  supervise  directly  and immediately the work of an airfr-
   50  eightman at an airport or at an air freight terminal.
   51    11. "Airfreightman labor relations consultant" shall mean  any  person
   52  who,  pursuant  to any contract or arrangement, advises or represents an
   53  air carrier, an air freight terminal operator, or an air  freight  truck
   54  carrier,  or  an organization of such employers (whether or not incorpo-
   55  rated), or a labor organization representing any airfreightmen or airfr-
   56  eightman supervisors, concerning the organization or collective bargain-
       S. 3353                            67
    1  ing activities of airfreightmen or airfreightman supervisors, but  shall
    2  not  include any person designated by any government official or body to
    3  so act or any person duly licensed to practice law as an attorney in any
    4  jurisdiction.   As used in this paragraph, the term "labor organization"
    5  shall mean and include any labor organization to which section eleven of
    6  part V of this compact is applicable.
    7    12. "Person" shall mean not only a natural person but also  any  part-
    8  nership,  joint  venture,  association,  corporation  or any other legal
    9  entity but shall not include the United States, any state  or  territory
   10  thereof  or  any department, division, board, commission or authority of
   11  one or more of the foregoing or any officer or  employee  thereof  while
   12  engaged in the performance of his official duties.
   13    13. "The port of New York district" shall mean the district created by
   14  article  II of the compact dated April thirtieth, nineteen hundred twen-
   15  ty-one, between the states of New York and  New  Jersey,  authorized  by
   16  chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
   17  hundred twenty-one and continued by article I of this chapter, and chap-
   18  ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
   19  twenty-one, and any amendments thereto.
   20    14.  "Court  of the United States" shall mean all courts enumerated in
   21  section four hundred fifty-one  of  title  twenty-eight  of  the  United
   22  States  code  and  the  courts-martial of the armed forces of the United
   23  States.
   24    15. "Witness" shall mean any person whose testimony is desired in  any
   25  investigation, interview or other proceeding conducted by the commission
   26  pursuant to the provisions of this compact.
   27    16.  "Compact"  shall  mean  this  compact  and  rules and regulations
   28  lawfully promulgated thereunder and shall also include any amendments or
   29  supplements to this compact to implement the purposes thereof adopted by
   30  the action of the legislature of either the state of  New  York  or  the
   31  state of New Jersey concurred in by the legislature of the other.
   32                                 ARTICLE III
   33                      GENERAL POWERS OF THE COMMISSION
   34    In  addition  to  the powers and duties of the commission conferred in
   35  parts I, II, III, and V of this article, the commission shall  have  the
   36  power:
   37    1. To administer and enforce the provisions of this compact;
   38    2.  To  establish such divisions and departments within the commission
   39  as the commission may deem  necessary  and  to  appoint  such  officers,
   40  agents  and  employees as it may deem necessary, prescribe their powers,
   41  duties and qualifications and fix  their  compensation  and  retain  and
   42  employ counsel and private consultants on a contract basis or otherwise;
   43    3.  To  make  and enforce such rules and regulations as the commission
   44  may deem necessary to effectuate the purposes  of  this  compact  or  to
   45  prevent  the circumvention or evasion thereof including, but not limited
   46  to, rules and regulations (which  shall  be  applicable  to  any  person
   47  licensed  by the commission, his employer, or any other person within an
   48  airport) to provide for the maximum protection of air freight,  such  as
   49  checking and custodial accounting, guarding, storing, fencing, gatehous-
   50  es,  access  to  air  freight,  air  freight loss reports, and any other
   51  requirements which the commission in  its  discretion  may  deem  to  be
   52  necessary and appropriate to provide such maximum protection.  The rules
   53  and regulations of the commission shall be effective upon publication in
   54  the  manner  which the commission shall prescribe and upon filing in the
       S. 3353                            68
    1  office of the secretary of state of each state.  A certified copy of any
    2  such rules and regulations, attested as true and correct by the  commis-
    3  sion,  shall  be  presumptive  evidence of the regular making, adoption,
    4  approval and publication thereof;
    5    4.  To  have  for  its  members  and its properly designated officers,
    6  agents and employees, full and free access, ingress and  egress  to  and
    7  from  all  airports, air freight terminals, all aircraft traveling to or
    8  from an airport and all trucks or  other  motor  vehicles  or  equipment
    9  which  are  carrying  air  freight to or from any airport or air freight
   10  terminal  for  the  purposes  of   conducting   investigations,   making
   11  inspections  or enforcing the provisions of this compact;  and no person
   12  shall obstruct or in any way interfere with any  such  member,  officer,
   13  employee  or  agent in the making of such investigation or inspection or
   14  in the enforcement of the provisions of this compact or in the  perform-
   15  ance of any other power or duty under this compact;
   16    5.  To make investigations, collect and compile information concerning
   17  airport practices generally, and upon all matters relating to the accom-
   18  plishment of the objectives of this compact;
   19    6. To advise and consult with representatives of  labor  and  industry
   20  and  with  public officials and agencies concerned with the effectuation
   21  of the purposes of this compact, upon all matters which  the  commission
   22  may desire, including but not limited to the form and substance of rules
   23  and  regulations  and  the  administration  of the compact and the expe-
   24  ditious handling and efficient movement of air freight  consistent  with
   25  the security of such air freight;
   26    7.  To make annual and other reports to the governors and legislatures
   27  of both states containing recommendations for the  effectuation  of  the
   28  purposes of this compact;
   29    8.  To issue temporary licenses and temporary permits under such terms
   30  and conditions as the commission may prescribe;
   31    9. In any case in which the commission has  the  power  to  revoke  or
   32  suspend  any  license or permit the commission shall also have the power
   33  to impose as an alternative to such revocation or suspension, a penalty,
   34  which the licensee or permittee may elect to pay the commission in  lieu
   35  of  the  revocation  or  suspension.   The maximum penalty shall be five
   36  thousand dollars for each separate offense. The commission may, for good
   37  cause shown, abate all or part of such penalty;
   38    10. To determine the location,  size  and  suitability  of  field  and
   39  administrative offices and any other accommodations necessary and desir-
   40  able for the performance of the commission's duties under this compact;
   41    11.  To  acquire,  hold  and dispose of real and personal property, by
   42  gift, purchase, lease, license or other similar manner, for  its  corpo-
   43  rate purposes, and in connection therewith to borrow money;
   44    12. To recover possession of any card or other means of identification
   45  issued by the commission as evidence of a license or permit in the event
   46  that the holder thereof no longer is a licensee or permittee;
   47    13.  To  require  any licensee or permittee to exhibit upon demand the
   48  license or permit issued to him  by  the  commission  or  to  wear  such
   49  license or permit.
   50    The  powers and duties of the commission may be exercised by officers,
   51  employees and agents designated by them, except the power to make  rules
   52  and  regulations.   The commission shall have such additional powers and
   53  duties as may hereafter be delegated to or imposed upon it from time  to
   54  time  by  the  action of the legislature of either state concurred in by
   55  the legislature of the other.
       S. 3353                            69
    1                                 ARTICLE IV
    2                 AIRFREIGHTMEN AND AIRFREIGHTMAN SUPERVISORS
    3    1.  On  and  after  the ninetieth day after the effective date of this
    4  compact, no person shall act as an  airfreightman  or  an  airfreightman
    5  supervisor within the state of New York or the state of New Jersey with-
    6  out  having  first obtained from the commission a license to act as such
    7  airfreightman or airfreightman supervisor, as the case may  be,  and  no
    8  person  shall employ another person to act as an airfreightman or airfr-
    9  eightman supervisor who is not so licensed.
   10    2. A license to act as an airfreightman  or  airfreightman  supervisor
   11  shall  be  issued  only upon the written application, under oath, of the
   12  person proposing to employ or engage  another  person  to  act  as  such
   13  airfreightman  or  airfreightman supervisor, verified by the prospective
   14  licensee as to the matters concerning  him,  and  shall  set  forth  the
   15  prospective  licensee's  full  name,  residence address, social security
   16  number, and such further facts and evidence as may be  required  by  the
   17  commission  to  determine  the  identity,  the  existence  of a criminal
   18  record, if any, and the eligibility of the prospective  licensee  for  a
   19  license.
   20    3.  The commission may in its discretion deny the application for such
   21  license submitted on behalf of a prospective licensee  for  any  of  the
   22  following causes:
   23    (a)  Conviction by a court of the United States or any state or terri-
   24  tory thereof, without subsequent pardon, of the commission  of,  or  the
   25  attempt or conspiracy to commit, treason, murder, manslaughter, coercion
   26  or  any  felony or high misdemeanor or any of the following misdemeanors
   27  or offenses (excluding, however, any conviction  for  a  misdemeanor  or
   28  lesser  offense  arising out of physical misconduct committed during the
   29  course of lawful organizational or collective bargaining  activities  of
   30  any  labor  organization):    illegally  using, carrying or possessing a
   31  pistol or other dangerous weapon;  making, manufacturing  or  possessing
   32  burglar's  instruments;    buying or receiving stolen property; criminal
   33  possession of stolen property;  unlawful entry of a building;   criminal
   34  trespass;    aiding  an escape from prison;   and unlawfully possessing,
   35  selling or distributing a dangerous drug;
   36    (b) Conviction  by  any  such  court,  after  having  been  previously
   37  convicted  by any such court of any crime or of the offenses hereinafter
   38  set forth, of a misdemeanor or any of the following offenses (excluding,
   39  however, any conviction for a misdemeanor or lesser offense arising  out
   40  of  physical  misconduct committed during the course of lawful organiza-
   41  tional or collective bargaining activities of any  labor  organization):
   42  assault,  malicious  injury  to  property,  criminal mischief, malicious
   43  mischief, criminal tampering, unlawful use or taking of a motor vehicle,
   44  corruption of employees,  promoting  gambling,  possession  of  gambling
   45  records or devices, or possession of lottery or number slips;
   46    (c) Fraud, deceit or misrepresentation in connection with any applica-
   47  tion  or  petition submitted to, or any interview, hearing or proceeding
   48  conducted by the commission;
   49    (d) Violation of any provision of this act or the  commission  of  any
   50  offense thereunder;
   51    (e)  Refusal on the part of the applicant, or prospective licensee, to
   52  answer any  material  question  or  produce  any  material  evidence  in
   53  connection with the application;
   54    (f)  As  to  an  airfreightman,  his  presence  at the airports or air
   55  freight terminals is found by the commission on the basis of  the  facts
       S. 3353                            70
    1  and  evidence  before  it  to constitute a danger to the public peace or
    2  safety;
    3    (g)  As to an airfreightman supervisor, failure to satisfy the commis-
    4  sion that the prospective licensee possesses good character and integri-
    5  ty;
    6    (h) Conviction of a crime or other cause which would permit  reprimand
    7  of  such  prospective  licensee  or  the suspension or revocation of his
    8  license if such person were already licensed.
    9    4. When the application shall have  been  examined  and  such  further
   10  inquiry  and  investigation made as the commission shall deem proper and
   11  when the commission shall be satisfied therefrom  that  the  prospective
   12  licensee  possesses  the  qualifications  and requirements prescribed in
   13  this article, the commission shall issue and deliver to the  prospective
   14  licensee  a  license  to  act as an airfreightman or as an airfreightman
   15  supervisor, as the case may be, and shall inform the  applicant  of  its
   16  action.
   17    5.  The commission shall have the power to reprimand any airfreightman
   18  or airfreightman supervisor licensed under this article or to revoke  or
   19  suspend  his  license  for  such  period  as the commission deems in the
   20  public interest for any of the following causes:
   21    (a) Conviction of a crime or other cause which would permit the denial
   22  of a license upon original application;
   23    (b) Fraud, deceit or misrepresentation in securing the license, or  in
   24  the conduct of the licensed activity;
   25    (c) Transfer or surrender of possession to any person either temporar-
   26  ily  or  permanently of any card or other means of identification issued
   27  by the commission as evidence of a license, without satisfactory  expla-
   28  nation;
   29    (d) False impersonation of another person who is a licensee or permit-
   30  tee of the commission under this compact;
   31    (e) Wilful commission of, or wilful attempt to commit at an airport or
   32  at an air freight terminal or adjacent highway any act of physical inju-
   33  ry to any other person or of wilful damage to or misappropriation of any
   34  other person's property, unless justified or excused by law.
   35    (f)  Violation of any of the provisions of this compact or inducing or
   36  otherwise aiding or abetting any person to violate  the  terms  of  this
   37  compact;
   38    (g)  Addiction to the use of, or unlawful possession, sale or distrib-
   39  ution of a dangerous drug;
   40    (h) Paying, giving, causing to be paid or given or offering to pay  or
   41  give  to  any person any valid consideration to induce such other person
   42  to violate any provision of this compact or to induce any  public  offi-
   43  cer, agent or employee to fail to perform his duty under this compact;
   44    (i) Consorting with known criminals for unlawful purposes;
   45    (j) Receipt or solicitation of anything of value from any person other
   46  than  the  licensee's  or  permittee's employer as consideration for the
   47  selection or retention for employment of any person who is a licensee or
   48  permittee of the commission under this compact;
   49    (k) Coercion of any person who is  a  licensee  or  permittee  of  the
   50  commission under this compact by threat of discrimination or violence or
   51  economic  reprisal  to make purchases from or to utilize the services of
   52  any person;
   53    (l) Lending any money to or borrowing any money from any person who is
   54  a licensee or permittee of the commission under this compact  for  which
   55  there is a charge of interest or other consideration which is usurious;
       S. 3353                            71
    1    (m)  Conviction of any criminal offense in relation to gambling, book-
    2  making, pool selling, lotteries or similar crimes  or  offenses  if  the
    3  crime  or offense was committed at an airport or air freight terminal or
    4  within five hundred feet thereof;
    5    (n)  Refusal  to  answer any material question or produce any material
    6  evidence lawfully required to be answered or produced  at  any  investi-
    7  gation, interview or other proceeding conducted by the commission pursu-
    8  ant  to  the provisions of this compact, or, if such refusal is accompa-
    9  nied by a valid plea of privilege against self-incrimination, refusal to
   10  obey an order to answer such question or produce such evidence  made  by
   11  the  commission  pursuant  to  the  power  of  the commission under this
   12  compact to grant immunity from prosecution;
   13    (o) Refusal to exhibit his license or permit upon the  demand  of  any
   14  officer,  agent  or  employee  of the commission or failure to wear such
   15  license or permit when required.
   16    6. A license granted pursuant to this  article  shall  expire  on  the
   17  expiration  date  (which shall be at least one year from the date of its
   18  issuance) set forth by the commission on the  card  or  other  means  of
   19  identification issued by the commission as evidence of a license or upon
   20  the  termination  of  employment  with  the employer who applied for the
   21  license. Upon expiration thereof,  a  license  may  be  renewed  by  the
   22  commission  upon  fulfilling  the  same requirements as are set forth in
   23  this compact for an original application.
   24                                  ARTICLE V
   25                       AIR FREIGHT TERMINAL OPERATORS,
   26                         AIR FREIGHT TRUCK CARRIERS
   27                              AND AIRFREIGHTMAN
   28                         LABOR RELATIONS CONSULTANTS
   29    1. On and after the ninetieth day after the  effective  date  of  this
   30  compact,  no  person, except an air carrier, shall act as an air freight
   31  terminal operator or as an air freight truck carrier  or  as  an  airfr-
   32  eightman  labor relations consultant within the state of New York or the
   33  state of New Jersey without having first obtained  a  license  from  the
   34  commission  to  act  as  an  air  freight terminal operator or as an air
   35  freight truck carrier or as an airfreightman labor relations consultant,
   36  as the case may be, and no person shall employ or engage another  person
   37  to  perform  services  as  an air freight terminal operator or as an air
   38  freight truck carrier or as an airfreightman labor relations  consultant
   39  who is not so licensed.
   40    2.  Any person intending to act as an air freight terminal operator or
   41  as an air freight truck carrier or as an airfreightman  labor  relations
   42  consultant within the state of New York or the state of New Jersey shall
   43  file in the office of the commission a written application for a license
   44  to engage in such occupation duly signed and verified as follows:
   45    (a)  If  the  applicant  is a natural person, the application shall be
   46  signed and verified by such person and if the applicant  is  a  partner-
   47  ship,  the  application  shall  be  signed  and verified by each natural
   48  person composing or intending to compose such partnership. The  applica-
   49  tion  shall  state  the  full name, age, residence, business address (if
   50  any), present and previous occupations of each natural person so signing
   51  the same, and any other facts and evidence as may  be  required  by  the
   52  commission  to ascertain the character, integrity, identity and criminal
   53  record, if any, of each natural person so signing such application.
       S. 3353                            72
    1    (b) If the applicant is a corporation, the application shall be signed
    2  and verified by the president,  secretary  and  treasurer  thereof,  and
    3  shall  specify  the  name  of the corporation, the date and place of its
    4  incorporation, the location of its  principal  place  of  business,  the
    5  names and addresses of, and the amount of the stock held by stockholders
    6  owning  ten per cent or more of any of the stock thereof, and of all the
    7  officers (including all  members  of  the  board  of  directors).    The
    8  requirements  of  subdivision (a) of this section as to a natural person
    9  who is a member of a partnership, and such requirements as may be speci-
   10  fied in rules and regulations promulgated by the commission, shall apply
   11  to each such officer or stockholder and their successors  in  office  or
   12  interest as the case may be.
   13    In  the event of the death, resignation or removal of any officer, and
   14  in the event of any change in the list of stockholders who shall own ten
   15  per cent or more of the stock of the corporation, the secretary of  such
   16  corporation  shall  forthwith give notice of that fact in writing to the
   17  commission, certified by said secretary.
   18    3. No such license shall be granted
   19    (a) If any person whose signature or name appears in  the  application
   20  is  not the real party in interest required by section two of this arti-
   21  cle to sign or to be identified in the application or if the  person  so
   22  signing  or  named in the application is an undisclosed agent or trustee
   23  for any such real party in interest or if any such real party in  inter-
   24  est does not sign the application;
   25    (b)  Unless  the  commission shall be satisfied that the applicant and
   26  all members, officers and stockholders required by section two  of  this
   27  article  to sign or be identified in the application for license possess
   28  good character and integrity;
   29    (c) If the applicant or any member, officer or stockholder required by
   30  section two of this article to sign or be identified in the  application
   31  for license has, without subsequent pardon, been convicted by a court of
   32  the  United  States  or any state or territory thereof of the commission
   33  of, or the  attempt  or  conspiracy  to  commit  any  crime  or  offense
   34  described  in  subdivision  (a)  of  section three of article IV of this
   35  compact. Any applicant ineligible for a license by reason  of  any  such
   36  conviction  may  submit satisfactory evidence to the commission that the
   37  person whose conviction was the basis of ineligibility has for a  period
   38  of  not less than five years, measured as hereinafter provided and up to
   39  the time of application, so conducted himself as to warrant the grant of
   40  such license, in which event the commission may, in its discretion issue
   41  an order removing such ineligibility.   The  aforesaid  period  of  five
   42  years  shall  be  measured  either  from the date of payment of any fine
   43  imposed upon such person or the suspension of sentence or from the  date
   44  of  his  unrevoked release from custody by parole, commutation or termi-
   45  nation of his sentence.  Such petition may be  made  to  the  commission
   46  before or after the hearing on the application;
   47    (d)  If, on or after the effective date of this compact, the applicant
   48  has paid, given, caused to have been paid or given or offered to pay  or
   49  give  to any officer or employee of any other person employing or engag-
   50  ing him in his licensed  activity  any  valuable  consideration  for  an
   51  improper  or  unlawful  purpose or to induce such officer or employee to
   52  procure the employment of the applicant in his licensed activity by such
   53  other person;
   54    (e) If, on or after the effective date of this compact, the  applicant
   55  has paid, given, caused to have been paid, or given or offered to pay or
   56  give  to any officer or representative of a labor organization any valu-
       S. 3353                            73
    1  able consideration for an improper or unlawful purpose or to induce such
    2  officer or representative to subordinate  the  interest  of  such  labor
    3  organization  or  its  members  in the management of the affairs of such
    4  labor  organization  to  the  interests  of  the  applicant or any other
    5  person;
    6    (f) If, on or after the effective date of this compact, the  applicant
    7  has  paid, given, caused to have been paid or given or offered to pay or
    8  give to any agent of any other person any valuable consideration for  an
    9  improper  or  unlawful  purpose or, without the knowledge and consent of
   10  such other person, to induce such agent to procure the employment of the
   11  applicant in his licensed activity by such other person.
   12    4. When the application shall have  been  examined  and  such  further
   13  inquiry  and  investigation made as the commission shall deem proper and
   14  when the commission shall be  satisfied  therefrom  that  the  applicant
   15  possess  the qualifications and requirements prescribed in this article,
   16  the commission shall issue and deliver a license to the applicant.
   17    5. The commission  shall  have  the  power  to  reprimand  any  person
   18  licensed under this article or to revoke or suspend his license for such
   19  period  as  the  commission  deems in the public interest for any of the
   20  following causes on the part of the licensee or of any  person  required
   21  by  section  two of this article to sign or be identified in an original
   22  application for a license:
   23    (a) Any cause set forth in section five of article IV of this compact;
   24    (b) Failure by the licensee to maintain a complete set  of  books  and
   25  records  containing  a  true  and  accurate  account  of  the licensee's
   26  receipts and disbursements arising out of his licensed activities;
   27    (c) Failure to keep said books and records available  during  business
   28  hours for inspection by the commission and its duly designated represen-
   29  tatives  until  the  expiration of the fifth calendar year following the
   30  calendar year during which occurred the transactions recorded therein;
   31    (d) Failure to pay any assessment or fee  payable  to  the  commission
   32  under this compact when due.
   33    6.  A  license  granted  pursuant  to this article shall expire on the
   34  expiration date (which shall be at least one year from the date  of  its
   35  issuance)  set  forth  by  the  commission on the card or other means of
   36  identification issued by the commission as evidence of a  license.  Upon
   37  expiration  thereof,  a  license  may  be renewed by the commission upon
   38  fulfilling the same requirements as are set forth in this article for an
   39  original application.
   40                                 ARTICLE VI
   41                          AIR FREIGHT SECURITY AREA
   42    1. On or after the effective date  of  this  compact,  the  commission
   43  shall  have the power to designate any area located within an airport as
   44  an air freight security area.   No person who is  not  licensed  by  the
   45  commission pursuant to this compact shall have ingress to an air freight
   46  security area unless issued a permit by the commission.
   47    2.  Any  person who is not licensed by the commission pursuant to this
   48  compact and who desires upon any occasion  ingress  to  an  air  freight
   49  security  area shall apply at the entrance to such area for a permit for
   50  ingress for that particular occasion.  In order to secure  a  permit,  a
   51  prospective permittee must show identification establishing his name and
   52  address  and  he  may be required by the commission to sign a consent to
   53  the surrender of his permit upon egress from such area  and,  if  he  is
   54  driving  a  motor  vehicle,  to  an inspection of his motor vehicle upon
       S. 3353                            74
    1  egress from such area.  Any person desiring a permit  to  enter  an  air
    2  freight security area may be denied such permit by the commission in its
    3  discretion if the commission determines that the presence of such person
    4  in such area would constitute a danger to the public peace or safety.
    5    3. Any person whose business, employment or occupation requires him to
    6  have  ingress upon a regular basis to an air freight security area shall
    7  be required, in order to obtain ingress to such area, to  apply  to  the
    8  commission  for a permit for a fixed period of duration to be determined
    9  by the commission.  Such applicant for a permit of  a  fixed  period  of
   10  duration shall fulfill the same requirements as the prospective licensee
   11  for  an  airfreightman's license.  The commission may in the exercise of
   12  its discretion suspend or revoke such permit of a fixed period of  dura-
   13  tion for the same causes which would permit the commission to revoke the
   14  license of an airfreightman.
   15    4.  The  commission  shall  have the power to inspect any truck or any
   16  other motor vehicle within an air freight security area.
   17    5. The provisions of this article  shall  not  be  applicable  to  any
   18  person  who  is  a  member  of the flight crew or flight personnel of an
   19  aircraft which is operated by an air carrier and which is located within
   20  an air freight security area upon a showing of  such  identification  as
   21  may be required by the commission.
   22                                 ARTICLE VII
   23                     HEARINGS, DETERMINATIONS AND REVIEW
   24    1.  The  commission  shall  not  deny any application for a license or
   25  permit without giving the applicant or prospective licensee or permittee
   26  reasonable prior notice and an opportunity to be heard.
   27    2. Any application for a license or permit, and any license or  permit
   28  issued, may be denied, revoked or suspended, as the case may be, only in
   29  the manner prescribed in this article.
   30    3.  The  commission  may  on its own initiative or on complaint of any
   31  person, including any public official or agency,  institute  proceedings
   32  to  revoke or suspend any license or permit after a hearing at which the
   33  licensee or permittee and any person  making  such  complaint  shall  be
   34  given an opportunity to be heard, provided that any order of the commis-
   35  sion  revoking  or  suspending  any  license  or permit shall not become
   36  effective until fifteen days subsequent to the serving of notice thereof
   37  upon the licensee or permittee unless in the opinion of  the  commission
   38  the continuance of the license or permit for such period would be inimi-
   39  cal  to the public peace or safety.  Such hearings shall be held in such
   40  manner and upon such notice as may be prescribed by  the  rules  of  the
   41  commission, but such notice shall be of not less than ten days and shall
   42  state the nature of the complaint.
   43    4. Pending the determination of such hearing pursuant to section three
   44  of  this  article  the  commission  may temporarily suspend a license or
   45  permit if in the opinion  of  the  commission  the  continuance  of  the
   46  license  or  permit  for  such period is inimical to the public peace or
   47  safety.
   48    5. The commission, or such member, officer, employee or agent  of  the
   49  commission  as  may  be  designated  by the commission for such purpose,
   50  shall have the power to issue subpoenas throughout both states to compel
   51  the attendance of witnesses and the giving of testimony or production of
   52  other evidence and to administer oaths in connection with any such hear-
   53  ing.  It shall be the duty of the commission  or  of  any  such  member,
   54  officer,  employee  or agent of the commission designated by the commis-
       S. 3353                            75
    1  sion for such purpose to issue subpoenas at  the  request  of  and  upon
    2  behalf  of the licensee, permittee or applicant.  The commission or such
    3  person conducting the hearing shall not be bound by common law or statu-
    4  tory  rules  of evidence or by technical or formal rules or procedure in
    5  the conduct of such hearing.
    6    6. Upon the conclusion of the hearing, the commission shall take  such
    7  action  upon  such  findings  and  determinations as it deems proper and
    8  shall execute an order carrying such findings into effect.   The  action
    9  in  the  case  of  an  application  for a license or permit shall be the
   10  granting or denial thereof.  The action in the case  of  a  licensee  or
   11  permittee  shall  be  revocation  of the license or permit or suspension
   12  thereof for a fixed period or reprimand or a dismissal of the charges.
   13    7. The action of the commission  in  denying  any  application  for  a
   14  license or permit or in suspending or revoking such license or permit or
   15  in  reprimanding  a  licensee  or permittee shall be subject to judicial
   16  review by a proceeding instituted in either state at the instance of the
   17  applicant, licensee or permittee in the manner provided by  the  law  of
   18  such  state for review of the final decision or action of administrative
   19  agencies of such state,  provided,  however,  that  notwithstanding  any
   20  other  provision  of law the court shall have power to stay for not more
   21  than thirty days an order of the commission  suspending  or  revoking  a
   22  license or permit.
   23    8.  At  hearings conducted by the commission pursuant to this article,
   24  applicants, prospective licensees and permittees, licensees and  permit-
   25  tees shall have the right to be accompanied and represented by counsel.
   26    9.  After  the  conclusion  of a hearing but prior to the making of an
   27  order by the commission,  a  hearing  may,  upon  petition  and  in  the
   28  discretion  of  the hearing officer, be reopened for the presentation of
   29  additional evidence.  Such petition to reopen the hearing shall state in
   30  detail the nature of the additional evidence, together with the  reasons
   31  for  the  failure to submit such evidence prior to the conclusion of the
   32  hearing.  The commission may upon its own  motion  and  upon  reasonable
   33  notice  reopen  a  hearing  for the presentation of additional evidence.
   34  Upon petition, after the making of an order of the commission, rehearing
   35  may be granted in the discretion of the commission.  Such a petition for
   36  rehearing shall state in detail the grounds upon which the  petition  is
   37  based  and shall separately set forth each error of law and fact alleged
   38  to have been made by the commission in its determination, together  with
   39  the  facts  and  arguments  in support thereof.   Such petition shall be
   40  filed with the commission not later than thirty days  after  service  of
   41  such  order  unless  the commission for good cause shown shall otherwise
   42  direct.  The commission may upon its own motion grant a rehearing  after
   43  the making of an order.
   44                                ARTICLE VIII
   45                         EXPENSES OF ADMINISTRATION
   46    1.  In  addition  to  the  budget of its expenses under the waterfront
   47  commission compact, the commission shall annually adopt a budget of  its
   48  expenses  under  this compact for each year.  The annual budget shall be
   49  submitted to the governors of the two states and shall  take  effect  as
   50  submitted  provided  that  either governor may within thirty days disap-
   51  prove or reduce any item or items, and  the  budget  shall  be  adjusted
   52  accordingly.
   53    2. After taking into account such funds as may be available to it from
   54  reserves  in  excess  of ten per cent of such budget under this compact,
       S. 3353                            76
    1  federal grants, or otherwise, the balance of the  commission's  budgeted
    2  expenses  shall  be  obtained  by fees payable under this article and by
    3  assessments upon employers of persons licensed  under  this  compact  as
    4  provided in this article.
    5    3. With respect to airfreightmen and airfreightman supervisors who are
    6  employed by an air freight truck carrier regularly to move freight to or
    7  from an airport, the employers shall pay to the commission for each such
    8  airfreightman  and  airfreightman  supervisor a license fee to be deter-
    9  mined by the commission, not in excess of one hundred dollars  for  each
   10  year,  commencing  with  the  first day of April.  The employer of every
   11  person who is issued a permit of fixed duration by  the  commission  for
   12  ingress  to an air freight security area, or the permittee himself if he
   13  is self-employed, shall pay to the commission a fee to be determined  by
   14  the  commission,  not  in  excess of seventy-five dollars for each year,
   15  commencing with the first day of April.  The commission shall reduce the
   16  maximum  fees  payable  under  this  section  proportionately  with  any
   17  reduction in the maximum assessment rate of two per cent provided for by
   18  this article.
   19    4.  Every  employer  of  airfreightmen  and  airfreightman supervisors
   20  licensed by the commission, except  as  otherwise  provided  in  section
   21  three  of  this  article,  shall  pay  to  the  commission an assessment
   22  computed upon the gross payroll payments made by such employer to airfr-
   23  eightmen and airfreightman supervisors for work performed as such, at  a
   24  rate,  not in excess of two per cent, computed by the commission, in the
   25  following manner:  the commission shall annually estimate the fees paya-
   26  ble under this article and the gross payroll  payments  to  be  made  by
   27  employers subject to assessment and shall compute the fees and a rate of
   28  assessment  which  will yield revenues sufficient to finance the balance
   29  of the commission's budget for each year as provided in section  two  of
   30  this article. The commission may hold in reserve an amount not to exceed
   31  ten  per cent of its total budgeted expenses for the year, which reserve
   32  shall not be included as part of the budget.  Such reserve shall be held
   33  for the stabilization of annual assessments, the  payment  of  operating
   34  deficits and for the repayment of any advances made by the two states.
   35    5. The amount required to balance the commission's budget in excess of
   36  the  estimated yield of the maximum fees and assessment, shall be certi-
   37  fied by the commission, with the approval of the  respective  governors,
   38  to  the  legislatures of the two states, in proportion to the respective
   39  totals of the assessments and fees paid to the commission by persons  in
   40  each  of the two states.  The legislatures shall annually appropriate to
   41  the commission the amount so certified.
   42    6. The assessments and fees hereunder shall be in lieu  of  any  other
   43  charge  for the issuance of licenses or permits by the commission pursu-
   44  ant to this compact.
   45    7. In addition to any other sanction provided by law,  the  commission
   46  may  revoke  or suspend any license or permit held by any employer under
   47  this compact and/or the license or permit held under this compact by any
   48  employees of such employer, or the permit held under this compact by any
   49  permittee who is self-employed, and in addition the commission may  deny
   50  ingress  to such employers, employees or permittees to air freight secu-
   51  rity areas, for nonpayment of any assessment or fee when due.
   52    8. Every person subject to the payment of any  assessment  under  this
   53  compact  shall file on or before the twentieth day of the first month of
   54  each calendar quarter-year a separate return, together with the  payment
   55  of  the  assessment  due, for the preceding calendar quarter-year during
   56  which any payroll payments  were  made  to  licensed  persons  for  whom
       S. 3353                            77
    1  assessments are payable for work performed as such. Returns covering the
    2  amount of assessment payable shall be filed with the commission on forms
    3  to  be  furnished for such purpose and shall contain such data, informa-
    4  tion  or  matter  as  the commission may require to be included therein.
    5  The commission may grant a  reasonable  extension  of  time  for  filing
    6  returns,  or  for  payment  of  assessment,  whenever good cause exists.
    7  Every return shall have annexed thereto a certification  to  the  effect
    8  that the statements contained therein are true.
    9    9.  Every  person subject to the payment of assessment hereunder shall
   10  keep an accurate record of his employment of licensed persons  for  whom
   11  assessments  are  payable,  which  shall show the amount of compensation
   12  paid and such other information as the commission  may  require.    Such
   13  records  shall  be preserved for a period of three years and be open for
   14  inspection at reasonable times.   The  commission  may  consent  to  the
   15  destruction  of  any  such  records at any time after said period or may
   16  require that they be kept longer but not in excess of six years.
   17    10. (a) The commission shall audit and determine the amount of assess-
   18  ment due from the return filed and such other information as  is  avail-
   19  able  to  it.    Whenever  a  deficiency in payment of the assessment is
   20  determined the commission shall give notice of any such determination to
   21  the person liable  therefor.    Such  determination  shall  finally  and
   22  conclusively  fix  the  amount due, unless the person against whom it is
   23  assessed shall, within thirty days after the giving of  notice  of  such
   24  determination,  apply  in  writing  to  the commission for a hearing, or
   25  unless the commission on its own motion shall reduce the  same.    After
   26  such  hearing,  the  commission shall give notice of its decision to the
   27  person liable therefor.  A determination of the  commission  under  this
   28  section  shall  be  subject  to judicial review, if application for such
   29  review is made within thirty days after the giving  of  notice  of  such
   30  decision.    Any  determination  under this article shall be made within
   31  five years from the time the return was filed and if no return was filed
   32  such determination may be made at any time.
   33    (b) Any notice authorized or required under this article may be  given
   34  by  mailing  the  same to the person for whom it is intended at the last
   35  address given by him to the commission, or in the last return  filed  by
   36  him  with  the  commission  under this article, or if no return has been
   37  filed then to such address as may be obtainable.   The mailing  of  such
   38  notice  shall  be  presumptive  evidence  of  the receipt of same by the
   39  person to whom addressed.   Any period  of  time,  which  is  determined
   40  according  to  the  provision  of this section, for the giving of notice
   41  shall commence to run from the date of mailing of such notice.
   42    11. Every person required to pay a fee for a license or a permit under
   43  this article shall pay the same upon filing of the application with  the
   44  commission  for  such  license  or permit.   The fee for such license or
   45  permit shall be prorated for the fiscal year for which the same is paya-
   46  ble as of the date the application for such license or permit  is  filed
   47  with  the commission.  The commission shall prorate and make a refund of
   48  such fee for the period between the date of application and the date  of
   49  the  issuance of such license or permit.  Upon surrender of such license
   50  or permit or upon the revocation of any such license or permit issued to
   51  an employee before the expiration of the  fiscal  year,  the  commission
   52  shall make a refund prorated for the unexpired portion of the year, less
   53  ten  per cent of such refund.  In the event of denial of any application
   54  for a license or permit, the commission shall refund the fee  paid  upon
   55  application, less ten per cent of such refund.
       S. 3353                            78
    1    12.    Whenever  any person shall fail to pay, within the time limited
    2  herein, any assessment or fee which he is required to pay to the commis-
    3  sion under the provisions of this article  the  commission  may  enforce
    4  payment of such assessment or fee by civil action for the amount of such
    5  assessment or fee with interest and penalties.
    6    13.  The employment by a nonresident of a licensed person or permittee
    7  for whom assessments or fees are payable in either state or  the  desig-
    8  nation  by  a  nonresident  of a licensed person or permittee to perform
    9  work in such state shall be deemed equivalent to an appointment by  such
   10  nonresident  of  the secretary of state of such state to be his true and
   11  lawful attorney upon whom may be served the process  in  any  action  or
   12  proceeding  against  him growing out of any liability for assessments or
   13  fees, penalties or interest, and a consent that any such process against
   14  him which is so served shall be of the same legal force and validity  as
   15  if served on him personally within such state and within the territorial
   16  jurisdiction  of  the  court  from which the process issues.  Service of
   17  process within either state shall  be  made  by  either  (1)  personally
   18  delivering to and leaving with the secretary of state or a deputy secre-
   19  tary  of  state  of such state duplicate copies thereof at the office of
   20  the department of state in the capital city  of  such  state,  in  which
   21  event  such  secretary  of state shall forthwith send by registered mail
   22  one of such copies to the person at the last address designated  by  him
   23  to  the  commission  for  any  purpose under this article or in the last
   24  return filed by him under this article with the commission or  as  shown
   25  on the records of the commission, or if no return has been filed, at his
   26  last  known  office  address  within  or    without  such  state, or (2)
   27  personally delivering to and leaving with the secretary of  state  or  a
   28  deputy  secretary of state of such state a copy thereof at the office of
   29  the department of state in the capital city of such state and by  deliv-
   30  ering  a  copy  thereof  to  the  person, personally without such state.
   31  Proof of such personal service without such state shall  be  filed  with
   32  the  clerk  of  the  court in which the process is pending within thirty
   33  days after such service and such service  shall  be  complete  ten  days
   34  after proof thereof is filed.
   35    14.  Whenever  the commission shall determine that any moneys received
   36  as assessments or fees were paid in error, it may cause the same  to  be
   37  refunded,  provided an application therefor is filed with the commission
   38  within two years from the time the erroneous payment was made.
   39    15. In addition to any other powers authorized hereunder, the  commis-
   40  sion shall have power to make reasonable rules and regulations to effec-
   41  tuate the purposes of this article.
   42    16.  When  any person shall wilfully fail to pay any assessment or fee
   43  due hereunder he shall be assessed interest at a rate of  one  per  cent
   44  per month on the amount due and unpaid and penalties of five per cent of
   45  the  amount due for each thirty days or part thereof that the assessment
   46  remains unpaid.  The commission may, for good cause shown, abate all  or
   47  part of such penalty.
   48    17.   Any person who shall wilfully furnish false or fraudulent infor-
   49  mation or shall  wilfully  fail  to  furnish  pertinent  information  as
   50  required, with respect to the amount of any assessment or fee due, shall
   51  be  guilty  of  a misdemeanor, punishable by a fine of not more than one
   52  thousand dollars, or imprisonment for not more than one year, or both.
   53    18. All funds of the commission shall be deposited with such responsi-
   54  ble banks or trust companies as may be  designated  by  the  commission.
   55  The  commission  may  require that all such deposits be secured by obli-
   56  gations of the United States or of the states of New York or New  Jersey
       S. 3353                            79
    1  of  a market value equal at all times to the amount of the deposits, and
    2  all banks and trust companies are authorized to give such  security  for
    3  such deposits.  The moneys so deposited shall be withdrawn only by check
    4  signed  by  two  members  of the commission or by such other officers or
    5  employees of the commission as it may from time to time designate.
    6    19. The accounts, books and records of the commission,  including  its
    7  receipts,  disbursements,  contracts,  leases, investments and any other
    8  matters relating to its financial standing shall be examined and audited
    9  annually by independent auditors to be retained for such purpose by  the
   10  commission.
   11    20.   The commission shall reimburse each state for any funds advanced
   12  to the commission exclusive of sums  appropriated  pursuant  to  section
   13  five of this article.
   14                                 ARTICLE IX
   15                 GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES
   16    1. The failure of any witness, when duly subpoenaed to attend, to give
   17  testimony  or  produce other evidence in any investigation, interview or
   18  other proceeding conducted by the commission pursuant to the  provisions
   19  of this compact, shall be punishable by the superior court in New Jersey
   20  and  the supreme court in New York in the same manner as said failure is
   21  punishable by such court in a case therein pending.
   22    2. Any person who, having been duly sworn or affirmed as a witness  in
   23  any  investigation,  interview  or  other  proceeding  conducted  by the
   24  commission pursuant to the provisions of this  compact,  shall  wilfully
   25  give  false  testimony  shall be guilty of a misdemeanor punishable by a
   26  fine of not more than one thousand dollars or imprisonment for not  more
   27  than one year or both.
   28    3.  Any person who interferes with or impedes the orderly licensing of
   29  or orderly granting of any permits to any other person pursuant to  this
   30  compact,  or  who  attempts,  conspires, or threatens so to do, shall be
   31  guilty of a misdemeanor punishable by a fine of not more than one  thou-
   32  sand dollars or imprisonment for not more than one year or both.
   33    4.  Any  person  who  directly  or indirectly inflicts or threatens to
   34  inflict any injury, damage, harm or loss or in any  other  manner  prac-
   35  tices  intimidation  upon  or  against  any person in order to induce or
   36  compel such person or any other  person  to  refrain  from  obtaining  a
   37  license  or  permit pursuant to this compact shall be guilty of a misde-
   38  meanor punishable by a fine of not more than  one  thousand  dollars  or
   39  imprisonment for not more than one year or both.
   40    5. Any person who, without justification or excuse in law, directly or
   41  indirectly,  intimidates  or  inflicts any injury, damage, harm, loss or
   42  economic reprisal upon any person who holds a license or  permit  issued
   43  by  the  commission  pursuant  to  this compact, or any other person, or
   44  attempts, conspires or threatens so to do, in order to  interfere  with,
   45  impede  or  influence  such  licensee or permittee in the performance or
   46  discharge of his duties or obligations shall be guilty of a misdemeanor,
   47  punishable by a fine of not more than one thousand dollars or  imprison-
   48  ment of not more than one year or both.
   49    6. Any person who shall violate any of the provisions of this compact,
   50  for which no other penalty is prescribed, shall be guilty of a misdemea-
   51  nor,  punishable  by  a fine of not more than one thousand dollars or by
   52  imprisonment for not more than one year or both.
   53    7. In any prosecution under this compact, it shall  be  sufficient  to
   54  prove  only a single act (or a single holding out or attempt) prohibited
       S. 3353                            80
    1  by law without having to prove a general course of conduct, in order  to
    2  prove a violation.
    3                                  ARTICLE X
    4                    AMENDMENTS; CONSTRUCTION; SHORT TITLE
    5    1.  Amendments  and  supplements  to  this  compact  to  implement the
    6  purposes thereof may be adopted by the  action  of  the  legislature  of
    7  either state concurred in by the legislature of the other.
    8    2.  If any part or provision of this compact or the application there-
    9  of  to  any  person or circumstances be adjudged invalid by any court of
   10  competent jurisdiction, such judgment shall be confined in its operation
   11  to the part, provision or application directly involved in  the  contro-
   12  versy  in  which  such  judgment  shall have been rendered and shall not
   13  affect or impair the validity of the remainder of this  compact  or  the
   14  application thereof to other persons or circumstances and the two states
   15  hereby  declare  that  they  would have entered into this compact or the
   16  remainder thereof had the invalidity of such  provision  or  application
   17  thereof been apparent.
   18    3.  In  accordance  with the ordinary rules for construction of inter-
   19  state compacts this compact shall be liberally  construed  to  eliminate
   20  the evils described therein and to effectuate the purposes thereof.
   21    4.  This  compact  shall  be  known  and  may be cited as the "Airport
   22  Commission Compact".
   23                                   PART V
   24    S 11. Prohibition against unions having officers, agents or  employees
   25  who have been convicted of certain crimes and offenses.  No person shall
   26  solicit,  collect  or  receive  any  dues, assessments, levies, fines or
   27  contributions, or other charges within the state for or on behalf of any
   28  labor organization which receives, directly or  indirectly,  twenty  per
   29  cent  or  more of its dues, assessments, levies, fines or contributions,
   30  or other charges from persons who hold licenses issued by the commission
   31  pursuant to the airport commission compact, or for or  on  behalf  of  a
   32  labor  organization  which derives its charter from a labor organization
   33  which receives, directly or indirectly, twenty per cent or more  of  its
   34  dues, assessments, levies, fines or contributions, or other charges from
   35  persons  who  hold  licenses  issued  by  the commission pursuant to the
   36  airport commission compact, if any officer, agent or  employee  of  such
   37  labor organization, or of a welfare fund or trust administered partially
   38  or  entirely  by such labor organization or by trustees or other persons
   39  designated by such labor organization, has been convicted by a court  of
   40  the  United  States, or any state or territory thereof, of a felony, any
   41  misdemeanor involving moral turpitude or any crime or offense enumerated
   42  in subdivision (a) of section three of article IV of the compact  estab-
   43  lished  pursuant  to  part IV of this article, unless he has been subse-
   44  quently pardoned therefor by the governor or other appropriate authority
   45  of the state or jurisdiction in which such conviction  was  had  or  has
   46  received    a certificate of good conduct or other relief from disabili-
   47  ties arising from the fact of conviction from a board of parole or simi-
   48  lar authority.  No person so convicted shall serve as an officer,  agent
   49  or  employee  of  such  labor organization, welfare fund or trust unless
   50  such person has been so pardoned or has received such a  certificate  of
   51  good  conduct.    No  person, including such labor organization, welfare
       S. 3353                            81
    1  fund or trust, shall knowingly permit such convicted person to assume or
    2  hold any office, agency or employment in violation of this section.
    3    As  used in this section, the term "labor organization" shall mean and
    4  include any organization which exists and is constituted for the purpose
    5  in whole or in part of collective bargaining, or of dealing with employ-
    6  ers concerning grievances, terms and conditions  of  employment,  or  of
    7  other  mutual  aid or protection;  but it shall not include a federation
    8  or congress of labor organizations organized on a national  or  interna-
    9  tional  basis even though one of its constituent labor organizations may
   10  represent persons who hold licenses issued by the commission pursuant to
   11  the airport commission compact.
   12    S 11-a. Prohibition against employer  organizations  having  officers,
   13  agents  or  employees  who  have  been  convicted  of certain crimes and
   14  offenses.  No person shall solicit, collect or receive any dues, assess-
   15  ments, levies, fines or contributions, or other charges within the state
   16  for or on behalf of any organization of employers (whether  incorporated
   17  or  not)  twenty per cent or more of whose members have in their employ-
   18  ment any employees who are members of a labor organization to which  the
   19  prohibition  of  section eleven of this part is applicable, if any offi-
   20  cer, agent or employee of such employer organization  or  of  a  welfare
   21  fund or trust administered partially or entirely by such employer organ-
   22  ization  or  by  trustees  or  other persons designated by such employer
   23  organization, has been convicted by a court of the United States, or any
   24  state or territory thereof, of a felony, any misdemeanor involving moral
   25  turpitude or any crime or  offense  enumerated  in  subdivision  (a)  of
   26  section  three of article IV of the compact established pursuant to part
   27  IV of this article, unless he has been subsequently pardoned therefor by
   28  the governor or other appropriate authority of the state or jurisdiction
   29  in which such conviction was had or has received a certificate  of  good
   30  conduct  or  other  relief  from  disabilities  arising from the fact of
   31  conviction from a board of parole or similar authority.   No  person  so
   32  convicted  shall serve as an officer, agent or employee of such employer
   33  organization, welfare fund or trust  unless  such  person  has  been  so
   34  pardoned  or  has  received  such  a certificate of good   conduct.   No
   35  person, including such employer organization,  welfare  fund  or  trust,
   36  shall  knowingly  permit  such  convicted  person  to assume or hold any
   37  office, agency or employment in violation of this section.
   38    S 11-b. Exceptions to sections eleven and eleven-a for certain employ-
   39  ees.  If upon application to the commission by an employee who has  been
   40  convicted  of  a crime or offense specified in section eleven or section
   41  eleven-a of this part the commission, in its discretion,  determines  in
   42  an order that it would not be contrary to the purposes and objectives of
   43  the airport commission compact for such employee to work in a particular
   44  employment  otherwise  prohibited by section eleven or section eleven-a,
   45  the provisions of section eleven or section eleven-a, as  the  case  may
   46  be,  shall  not apply to the particular employment of such employee with
   47  respect to such conviction  or  convictions  as  are  specified  in  the
   48  commission's  order.  This section is applicable only to those employees
   49  who for wages or salary perform manual, mechanical or physical work of a
   50  routine or clerical nature at the premises of  the  labor  organization,
   51  employer organization, welfare fund or trust by which they are employed.
   52    S  12. Civil penalties.  The commission may maintain a civil action on
   53  behalf of the state against any  person  who  violates  or  attempts  or
   54  conspires  to  violate  any provision of this act or who fails, omits or
   55  neglects to obey, observe or comply with any order or direction  of  the
   56  commission  issued under this article, to recover a judgment for a money
       S. 3353                            82
    1  penalty not exceeding five hundred dollars for each and  every  offense.
    2  Every  violation  of  any  such provision, order or direction shall be a
    3  separate and distinct offense and, in case of  a  continuing  violation,
    4  every  day's  continuance  shall  be  and be deemed to be a separate and
    5  distinct offense. Any such action may  be  settled  or  discontinued  on
    6  application  of  the commission upon such terms as the court may approve
    7  and a judgment may be rendered  for  an  amount  less  than  the  amount
    8  demanded in the complaint as justice may require.
    9    S  13.  Civil enforcement.  The commission may maintain a civil action
   10  against any person to compel compliance with any of  the  provisions  of
   11  this  compact  or  any order or direction of the commission issued under
   12  this compact or to  prevent  violations,  attempts  or  conspiracies  to
   13  violate  any  such provisions, or interference, attempts or conspiracies
   14  to interfere with or impede the enforcement of any  such  provisions  or
   15  the  exercise  or performance of any power or duty thereunder, either by
   16  mandamus, injunction or action or  proceeding  in  lieu  of  prerogative
   17  writ.
   18    S  14.  Exemption  from arrest and service of process.  If a person in
   19  obedience to a subpoena, issued pursuant to this article  directing  him
   20  to attend and testify comes into either state party to this article from
   21  the  other  state,  he  shall  not, while in that state pursuant to such
   22  subpoena, be subject to arrest or the service of process, civil or crim-
   23  inal, in connection with matters which arose before  his  entrance  into
   24  such state under the subpoena.
   25    S  15.  Nonresident witnesses.   Any investigation, interview or other
   26  proceeding conducted by the commission pursuant  to  the  provisions  of
   27  this compact shall be deemed to be a civil action pending in the supreme
   28  court in New York or in the superior court in New Jersey so as to permit
   29  the  commission  to obtain disclosure, in accordance with the provisions
   30  governing disclosure in such civil actions, from any person who  may  be
   31  outside the states.
   32    S  16.  Officers and employees.  Any officer or employee in the state,
   33  county or municipal civil service in either state who shall transfer  to
   34  service  with  the commission may be given one or more leaves of absence
   35  without pay and may, before the expiration of such leave  or  leaves  of
   36  absence, and without further examination or qualification, return to his
   37  former  position or be certified by the appropriate civil service agency
   38  for retransfer to a comparable position in such state, county, or munic-
   39  ipal civil service if such a position is then available.
   40    The commission may, by agreement with any federal  agency  from  which
   41  any  officer  or  employee  may transfer to service with the commission,
   42  make similar provision for the retransfer of such officer or employee to
   43  such federal agency.
   44    Notwithstanding the provisions of any other law in either  state,  any
   45  officer  or employee in the state, county or municipal service in either
   46  state who shall transfer to service with the commission  and  who  is  a
   47  member  of any existing state, county or municipal pension or retirement
   48  system in New Jersey or New York, shall continue  to  have  all  rights,
   49  privileges,  obligations and status with respect to such fund, system or
   50  systems as if he had continued in his state, county or municipal  office
   51  or employment, but during the period of his service as a member, officer
   52  or  employee  of  the  commission,  all  contributions to any pension or
   53  retirement fund or system to be paid by the employer on account of  such
   54  member,  officer  or  employee,  shall  be paid by the commission.   The
   55  commission may, by agreement with the appropriate federal  agency,  make
       S. 3353                            83
    1  similar  provisions relating to continuance of retirement system member-
    2  ship for any federal officer or employee so transferred.
    3    S  17. Penalties.   Any person who shall violate any of the provisions
    4  of this compact, for which no other  penalty  is  prescribed,  shall  be
    5  guilty of a misdemeanor, punishable by a fine of not more than one thou-
    6  sand dollars or imprisonment for not more than one year or both.
    7    S  18.  Short title.   This act shall be known and may be cited as the
    8  "Waterfront and Airport Commission Act".
    9                                  ARTICLE V
   10                   APPROVAL OR VETO POWER OF THE GOVERNOR
   11  Section 500. Approval or veto power.
   12          501. Procurement.
   13          502. Effect of veto.
   14          503. Exception to reporting requirement.
   15    S 500. Approval or veto power.  Except as provided by this article, no
   16  action taken at any meeting of the port authority  by  any  commissioner
   17  appointed  from  the  state of New York shall have force or effect until
   18  the governor of the state of New  York  shall  have  an  opportunity  to
   19  approve  or veto the same under the provisions of article sixteen of the
   20  port compact or treaty entered into between the states of New  York  and
   21  New  Jersey,  dated April thirtieth, nineteen hundred and twenty-one and
   22  continued by subdivision four of section one hundred nine of this  chap-
   23  ter.
   24    S  501.  Procurement.    For the purpose of procuring such approval or
   25  veto, the secretary or other officer of the port authority in charge  of
   26  the minutes of the proceedings of that body shall transmit to the gover-
   27  nor  at  the executive chamber in Albany a certified copy of the minutes
   28  of every meeting of the port authority as soon after the holding of such
   29  meeting as such minutes can be written out.  The governor shall,  within
   30  ten  days,  Saturdays,  Sundays and public holidays excepted, after such
   31  minutes shall have been delivered at the executive chamber as aforesaid,
   32  cause the same to be returned to the  port  authority  either  with  his
   33  approval  or  with his veto of any action therein recited as having been
   34  taken by  any  commissioner  appointed  from  the  state  of  New  York,
   35  provided,  however,  that  if  the  governor  shall  not return the said
   36  minutes within the said period then at the expiration thereof any action
   37  therein recited will have full force and effect according to the wording
   38  thereof.
   39    S 502. Effect of veto.  If the governor within the said period returns
   40  the said minutes with a veto against the action of any commissioner from
   41  New York as recited therein, then such action of such commissioner shall
   42  be null and void.
   43    S 503. Exception to reporting requirement.  The governor may by  order
   44  filed with the secretary of the port authority relieve the commissioners
   45  from the duty of procuring his approval of their action upon any partic-
   46  ular  matter  or  class of matters, and thereupon the secretary or other
   47  officer in charge of the minutes of the proceedings of that  body  shall
   48  be relieved from reporting the same to him.
   49                                 ARTICLE VI
   50                     BONDS ISSUED BY THE PORT AUTHORITY
   51  Section 601. Definitions.
   52          602. Motor truck terminals.
       S. 3353                            84
    1          603. Acquisition of real property for public use.
    2    S 601. Definitions. As used in this article:
    3    (a)  "Port  authority" means the port of New York authority created by
    4  the compact of April thirtieth, nineteen hundred twenty-one and  contin-
    5  ued by article I of this chapter, between the states of New York and New
    6  Jersey.
    7    (b)  "Bonds  legal for investment" means bonds or other obligations or
    8  securities of the port authority, in which savings banks in both of  the
    9  two  said  states are now or may hereafter be authorized to invest funds
   10  within their control.
   11    (c) "Terminal and/or transportation facilities" means terminal  and/or
   12  transportation  facilities  and  shall have the same meaning as subdivi-
   13  sions eleven and twelve of section one hundred four of this chapter.
   14    (d) "Surplus revenues" means, in the case of each terminal  or  trans-
   15  portation  facility,  the balance of the revenues therefrom remaining at
   16  any time currently  in  the  hands  of  the  port  authority  after  the
   17  deduction of the current expenses of the operation and maintenance ther-
   18  eof,  including  a proper proportion of the general expenses of the port
   19  authority, and after the deduction of any amounts which the port author-
   20  ity may or shall be obligated or may or shall have obligated  itself  to
   21  pay  to or set aside out of the current revenues therefrom for the bene-
   22  fit of the holders of any bonds legal  for  investment,  and  after  the
   23  deduction of any amounts currently due to the two said states on account
   24  of any advances made by the two said states to the port authority in aid
   25  of the effectuation of such terminal or transportation facility.
   26    S  602.  Motor truck terminals.   The bonds or other obligations which
   27  may be issued by the port authority from time to time to  provide  funds
   28  for  the  establishment,  acquisition  and rehabilitation of motor truck
   29  terminals (by which are meant terminals consisting of one or more  plat-
   30  forms,  sheds,  buildings, structures, facilities or improvements neces-
   31  sary, convenient or desirable in the opinion of the port  authority  for
   32  the  accommodation  of  motor  trucks  for  the  loading or unloading of
   33  freight upon or from motor trucks or the receipt, delivery,  storage  or
   34  handling  of freight transported or to be transported by motor trucks or
   35  the interchange or transfer thereof between carriers)  located  at  such
   36  point or points within the port of New York district as the port author-
   37  ity  may  deem  to  be  desirable and in the public interest, or for the
   38  acquisition of real or personal property in connection therewith, or for
   39  any other purpose in connection  with  the  establishment,  acquisition,
   40  construction,  rehabilitation,  maintenance  or  operation of such truck
   41  terminals or any of them, are hereby made securities in which all  state
   42  and  municipal officers and bodies, all banks, bankers, trust companies,
   43  savings banks, building and loan associations, savings and loan  associ-
   44  ations,  investment  companies  and  other persons carrying on a banking
   45  business, all insurance companies,  insurance  associations,  and  other
   46  persons carrying on an insurance business, and all administrators, exec-
   47  utors,  guardians, trustees and other fiduciaries, and all other persons
   48  whatsoever, who are now or may hereafter  be  authorized  to  invest  in
   49  bonds or other obligations of the state, may properly and legally invest
   50  any funds, including capital, belonging to them or within their control;
   51  and  said  obligations are hereby made securities which may properly and
   52  legally be deposited with and shall be received by any state or  munici-
   53  pal  officer or agency for any purpose for which the deposit of bonds or
   54  other obligations of this state is now or may hereafter be authorized.
   55    S 603. Acquisition of real property for  public  use.    If,  for  the
   56  purpose  of  effectuating,  acquiring,  constructing,  rehabilitating or
       S. 3353                            85
    1  improving any motor truck terminal, the port  authority  shall  find  it
    2  necessary  or convenient to acquire any real property, as herein defined
    3  in this state, whether for immediate or future use, the  port  authority
    4  may find and determine that such property, whether a fee simple absolute
    5  or a lesser interest, is required for public use, and upon such determi-
    6  nation,  the  said  property shall be and shall be deemed to be required
    7  for such public use until otherwise determined by the port authority.
    8    If the port authority is unable to agree for the  acquisition  of  any
    9  such  real  property  for any reason whatsoever, then the port authority
   10  may acquire and is hereby authorized to acquire such property, whether a
   11  fee simple absolute or a lesser interest, by the exercise of  the  right
   12  of  eminent  domain  under and pursuant to the provisions of the eminent
   13  domain procedure law.
   14    The power of the port authority to  acquire  real  property  hereunder
   15  shall  be a continuing power, and no exercise thereof shall be deemed to
   16  exhaust it.
   17    Anything in this article to the contrary notwithstanding, no  property
   18  now  or  hereafter  vested  in or held by the state or any county, city,
   19  borough, village, township or other municipality shall be taken  by  the
   20  port authority, without the authority or consent of the state or of such
   21  county,  city,  borough,  village,  township  or  other  municipality as
   22  provided in the compact of April thirty,  nineteen  hundred  twenty-one,
   23  between the states of New York and New Jersey and continued by article I
   24  of  this  chapter, nor shall anything herein impair or invalidate in any
   25  way any bonded indebtedness of the state, or such county, city, borough,
   26  village, township or other municipality, nor impair  the  provisions  of
   27  law  regulating  the  payment into sinking funds of revenue derived from
   28  municipal property, or dedicating the revenues  derived  from  municipal
   29  property,  to  a  specific  purpose.    Moreover, no property devoted to
   30  public use by any railroad or railway  corporation,  or  public  utility
   31  corporation,  or  by  any  other corporation, shall be taken by the port
   32  authority without the authority or consent of  such  corporation.    The
   33  port  authority  is  hereby authorized and empowered to acquire from any
   34  such county, city, borough, village, township or other municipality,  or
   35  from  any  other  public agency or commission having jurisdiction in the
   36  premises, or from any such corporation, by agreement therewith, and such
   37  county, city, borough, village, township, municipality,  public  agency,
   38  commission,  or  corporation,  notwithstanding any contrary provision of
   39  law, is hereby authorized and empowered to grant and convey upon reason-
   40  able terms and conditions any real property, which may be necessary  for
   41  the  establishment,  construction,  acquisition, rehabilitation, mainte-
   42  nance and operation of such truck terminals, including such real proper-
   43  ty as has already been devoted to a public use.
   44    The port authority and its duly authorized agents and  employees  may,
   45  in  the  case  of  land  situate in the state of New York subject to the
   46  provisions of the eminent domain procedure law and in any other case  as
   47  provided  by  law,  enter upon any land in this state for the purpose of
   48  making such surveys, maps, or other examinations thereof as it may  deem
   49  necessary or convenient for the purposes of this article.
   50    The term "real property" as used in this article is defined to include
   51  lands,  structures,  franchises  and  interests in land, including lands
   52  under water and riparian rights, and  any  and  all  things  and  rights
   53  usually included within the said term, and includes not only fees simple
   54  absolute  but  also  any  and  all  lesser interests, such as easements,
   55  rights of way, uses, leases, licenses and all other incorporeal  heredi-
   56  taments and every estate, interest or right, legal or equitable, includ-
       S. 3353                            86
    1  ing  terms of years, and liens thereon by way of judgments, mortgages or
    2  otherwise, and also claims for damages to real estate.
    3                                 ARTICLE VII
    4             PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM
    5  Section 701. Payment of a fair and reasonable sum.
    6          702. Acceptance of payment.
    7    S 701. Payment of a fair and reasonable sum. To the end that counties,
    8  cities, boroughs, villages, towns, townships and other municipalities in
    9  the  port  of  New York district, may not suffer undue loss of taxes and
   10  assessments by reason of the acquisition and ownership of property ther-
   11  ein by the port authority, the port authority is hereby  authorized  and
   12  empowered,  in  its  discretion,  to enter into a voluntary agreement or
   13  agreements with any county, city, borough, village,  town,  township  or
   14  other  municipality  in said port district, whereby it will undertake to
   15  pay a fair and reasonable sum or sums annually in  connection  with  any
   16  marine or inland terminal property owned by it, not in excess of the sum
   17  last  paid as taxes upon such property prior to the time of its acquisi-
   18  tion by the port authority.   Such payment or payments  which  the  port
   19  authority  is  hereby authorized and empowered to make, shall be in such
   20  amount or amounts and shall be payable at such time or times  and  under
   21  such  terms  and  conditions  as shall be agreed upon by and between the
   22  port authority and such county, city, village, borough,  town,  township
   23  or other municipality concerned.
   24    S 702. Acceptance  of  payment.  Every county, city, village, borough,
   25  town, township or other municipality in the port of  New  York  district
   26  aforesaid  is  hereby authorized and empowered to enter into such agree-
   27  ment or agreements with the port authority  to  accept  the  payment  or
   28  payments  which the port authority is hereby authorized and empowered to
   29  make.  The sums so received by any county, city, village, borough, town,
   30  township or other municipality shall be devoted  to  purposes  to  which
   31  taxes  may be applied, unless and until otherwise directed by the law of
   32  the state in which such municipality is located.
   33                                ARTICLE VIII
   34                    PAYMENT AND ACCEPTANCE OF A FAIR AND
   35                    REASONABLE SUM FOR A CHANGE IN GRADE
   36  Section 801. Change of grade.
   37    Section 801. Change of grade. To the end that the owners  of  property
   38  in the port of New York district abutting upon streets, avenues or other
   39  highways,  the  grade  of  which  will  be  changed  by  reason  of  the
   40  construction by the port authority of any public improvement in the port
   41  of New York district, may not suffer undue loss and injury by reason  of
   42  such  change of grade, the authority is hereby authorized and empowered,
   43  in its discretion, to enter into voluntary agreements with such abutting
   44  owners of property which is built upon or otherwise improved in conform-
   45  ity with the grade of any street, avenue or other highway established by
   46  lawful authority in the port of  New  York  district,  whereby  it  will
   47  undertake  to  pay a fair and reasonable sum to such abutting owners for
   48  the damage occasioned by such change  of  grade  to  the  buildings  and
   49  improvements on such property. The term "owners" as used in this section
   50  shall  include  all  persons having any estate, interest, or easement in
   51  such property, or any lien, charge or encumbrance thereon. Such payments
   52  which the authority is hereby authorized and empowered to make, shall be
       S. 3353                            87
    1  in such amounts and shall be payable at such times and under such  terms
    2  and  conditions as shall be agreed upon by and between the authority and
    3  such owners concerned.
    4                                 ARTICLE IX
    5          THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY
    6  Section 901. Procedure.
    7          902. Conveyances.
    8    S  901. Procedure. Whenever the port authority shall determine to sell
    9  any real property which may have been acquired by the port authority  by
   10  purchase,  condemnation  or otherwise, pursuant to any of its powers and
   11  authorities, but which real property is  no  longer  required  for  such
   12  purposes, the following procedure shall be followed:
   13    1. A map shall be made of such real property so determined as no long-
   14  er required, which map shall be filed in the office of the port authori-
   15  ty.
   16    2.  There  shall  be annexed to such map a certificate executed by the
   17  chief engineer of the port authority stating that such real property  is
   18  no longer required for such purposes.
   19    3.  All  or  any  portion  of said real property may be sold at either
   20  private or public sale, and all deeds of conveyance therefor shall be by
   21  bargain and sale and shall be executed by  the  chairman,  or  the  vice
   22  chairman, or the general manager, or an assistant general manager of the
   23  port authority and attested by the secretary thereof.
   24    S 902. Conveyances. The validity of all conveyances heretofore made by
   25  the port authority is hereby ratified and confirmed.
   26                                  ARTICLE X
   27                       MONEYS FOR PRELIMINARY STUDIES
   28  Section 1001. Moneys advanced.
   29          1002. Delivery of bonds and/or moneys.
   30          1003. Direct and general obligations of the port authority.
   31          1004. Securities.
   32          1005. Initial reimbursement of moneys advanced by the states.
   33          1006. Further reimbursement of moneys advanced by the states.
   34          1007. Deposit of bonds or moneys by the comptroller.
   35    S 1001. Moneys advanced.  The states of New York and New Jersey having
   36  heretofore  advanced  sums  aggregating one hundred forty-nine thousand,
   37  nine hundred eighteen dollars and twenty cents  and  one  hundred  fifty
   38  thousand  dollars,  respectively,  to the port authority for preliminary
   39  studies upon the interstate vehicular bridges now known  as  the  Outer-
   40  bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to
   41  agreements  between  the two states that said moneys should be paid back
   42  when the construction debt has  been  amortized,  and  said  two  states
   43  having  advanced  further  sums aggregating four million dollars each in
   44  aid of the construction of said bridges pursuant to  agreements  between
   45  the two states that said moneys should be paid back out of bridge reven-
   46  ues  in  specified  annual  installments,  if and when earned over prior
   47  charges, and the revenues from said bridges having been insufficient  to
   48  permit  any  such payments up to the present time but the port authority
   49  being in a position to fund its obligations to pay back  said  appropri-
   50  ations,  now, therefore, upon the concurrence of the state of New Jersey
   51  as provided in section eight hereof, the states  of  New  York  and  New
   52  Jersey  hereby  agree  that the obligations of the port authority to pay
   53  back said moneys may be satisfied and discharged by the delivery to  the
       S. 3353                            88
    1  two states of bonds or moneys, or both, in an aggregate principal amount
    2  equal to said appropriations, as hereinafter provided.
    3    S  1002.  Delivery of bonds and/or moneys.  Bonds, or moneys, or both,
    4  in an aggregate principal amount of two million fifty  thousand  dollars
    5  shall  be  delivered to each state within three months after the date on
    6  which chapter 352 of the laws of 1946 and the concurrent article of  the
    7  state of New Jersey take effect. Within fifteen months after the date on
    8  which  chapter 352 of the laws of 1946 and the concurrent article of the
    9  state of New Jersey take effect, an additional two  million  ninety-nine
   10  thousand  nine  hundred  eighteen  dollars and twenty cents in aggregate
   11  principal amount of bonds or moneys, or both, shall be delivered to  the
   12  state  of  New  York  and an additional two million one hundred thousand
   13  dollars in aggregate principal amount of bonds, or moneys, or both shall
   14  be delivered to the state of New Jersey provided, that if, in the  opin-
   15  ion of the commissioners of the port authority, financial conditions are
   16  such as to make it desirable to postpone such delivery, then delivery of
   17  said  additional  amounts  shall  be postponed in whole or in part until
   18  such time, not later than five years from the effective date of  chapter
   19  352 of the laws of 1946, as in the judgment of said commissioners finan-
   20  cial conditions permit such delivery.
   21    The  port  authority shall determine whether payments made pursuant to
   22  this article and the concurrent article of the state of New Jersey shall
   23  be made by delivery of bonds or of moneys, or both,  and,  if  both,  in
   24  what  proportions.  The moneys may, at the option of the port authority,
   25  be paid in cash or by check. Delivery of bonds or moneys to the state of
   26  New York shall be made by delivering or tendering  delivery  thereof  to
   27  the  comptroller of the state of New York at his office at Albany during
   28  regular business hours. Delivery of bonds or moneys to the state of  New
   29  Jersey  shall be made by delivering or tendering delivery thereof to the
   30  state treasurer at his office at Trenton during regular business hours.
   31    S 1003. Direct and general obligations of the  port  authority.    The
   32  bonds  delivered  to  the  two  states  pursuant to this article and the
   33  concurrent article of the state of New Jersey shall be direct and gener-
   34  al obligations of the port authority, and  its  full  faith  and  credit
   35  shall  be  pledged  for the prompt payment of the principal and interest
   36  thereof. The payment of the principal  and  interest  thereof  shall  be
   37  secured by the general reserve fund of the port authority, authorized by
   38  chapter  forty-eight  of  the  laws  of New York of nineteen hundred and
   39  thirty-one and continued by article VI of this chapter, and chapter five
   40  of the laws of New Jersey of nineteen hundred and thirty-one;  and  said
   41  general reserve fund shall be pledged as security for the payment of the
   42  principal  and  interest  of said bonds and for the fulfillment of other
   43  undertakings assumed by the port authority to or for the benefit of  the
   44  holders  of  said  bonds.  Such pledge, however, shall be subject to the
   45  right of the port authority to pledge said general reserve fund as secu-
   46  rity for any other bonds, notes or evidences of indebtedness  whatsoever
   47  hereafter  issued  by  the authority as security for which it may at the
   48  time be authorized to pledge the said general  reserve  fund,  and  also
   49  subject  to  the  right  of the port authority to use the moneys in said
   50  general reserve fund to meet, pay or otherwise fulfill any of its  obli-
   51  gations  under or in connection with any bonds, notes or other evidences
   52  of indebtedness as security for which  said  general  reserve  fund  has
   53  heretofore been or is now pledged or for which said general reserve fund
   54  may  hereafter  be  pledged.  Moreover,  no greater rights in or to said
   55  general reserve fund shall be granted to or conferred upon  the  holders
   56  of  the  bonds  delivered to the two states pursuant to this article and
       S. 3353                            89
    1  the concurrent article of the state of New Jersey than have been granted
    2  to and conferred upon the holders of general and refunding bonds of  the
    3  port  authority  issued pursuant to the resolution of the port authority
    4  adopted  March eighteenth, nineteen hundred and thirty-five, and amended
    5  March twenty-fifth,  nineteen  hundred  and  thirty-five  and  September
    6  sixteenth, nineteen hundred and forty-three.
    7    The  bonds  delivered to the two states pursuant to chapter 352 of the
    8  laws of 1946 and continued by this article and the concurrent article of
    9  the state of New Jersey shall be dated as of a date not more than thirty
   10  days subsequent to the date on which delivery is made or tendered, shall
   11  mature forty years from their date, and shall bear interest at the  rate
   12  of one and one-half per centum per annum. Said bonds shall be subject to
   13  redemption  at the option of the port authority, in whole or in part, on
   14  any interest payment date or dates at one hundred percent of  their  par
   15  value, plus accrued interest to the date set for redemption.
   16    Except  as  hereinbefore  specifically  provided,  the  port authority
   17  shall, by resolution, determine the form, characteristics and all  other
   18  matters  in  connection  with said bonds, including without limiting the
   19  generality hereof, the denominations in  which  they  shall  be  issued,
   20  provisions  with  respect  to  the exchange of bonds of one denomination
   21  into bonds of another denomination, provisions with respect to the issu-
   22  ance of temporary bonds and the exchange thereof for  definitive  bonds,
   23  provisions  with respect to the establishment of a sinking fund or sink-
   24  ing funds and for the use of the moneys in sinking fund to  purchase  or
   25  redeem  bonds  prior  to  their maturity, provisions with respect to the
   26  place of payment, provisions  with  respect  to  notice  of  redemption,
   27  provisions  with  respect  to  the  paying  agent  or  the registrar and
   28  provisions with respect to the method of signature.
   29    S 1004. Securities.   The bonds delivered by  the  port  authority  to
   30  either  or both states pursuant to this article and the concurrent arti-
   31  cle of the state of New Jersey, and any bonds, notes or other  evidences
   32  of  indebtedness issued by the authority to provide moneys with which to
   33  make payments to either or both states pursuant to this article and  the
   34  concurrent  article  of the state of New Jersey, are hereby made securi-
   35  ties in which all state  and  municipal  officers  and  bodies  of  both
   36  states, all banks, bankers, trust companies, savings banks, building and
   37  loan  associations,  savings and loan associations, investment companies
   38  and other persons carrying on a banking business, all  insurance  compa-
   39  nies,  insurance associations and other persons carrying on an insurance
   40  business, and all administrators,  executors,  guardians,  trustees  and
   41  other  fiduciaries, and all other persons whatsoever, who are now or may
   42  hereafter be authorized by either state to  invest  in  bonds  or  other
   43  obligations  of  such  state, may properly and legally invest any funds,
   44  including capital, belonging to them or within their control;  and  said
   45  obligations are hereby made securities which may properly and legally be
   46  deposited  with  and shall be received by any state or municipal officer
   47  or agency of either state for any purpose for which the deposit of bonds
   48  or other obligations of such state is now or may  hereafter  be  author-
   49  ized.
   50    S  1005.  Initial reimbursement of moneys advanced by the states.  The
   51  first two million fifty thousand dollars paid to each state pursuant  to
   52  this article and the concurrent article of the state of New Jersey shall
   53  be  deemed  to  be  on  account of the moneys advanced by such state for
   54  preliminary studies upon and in aid of the construction of  the  Bayonne
   55  bridge  (formerly known as the Kill von Kull bridge); and from and after
   56  the date on which the port authority shall have delivered to each  state
       S. 3353                            90
    1  pursuant  to this article and the concurrent article of the state of New
    2  Jersey, bonds or moneys or both in the aggregate principal amount of two
    3  million fifty thousand dollars, the duty  and  obligation  of  the  port
    4  authority to pay back to the two states the moneys advanced for prelimi-
    5  nary studies upon and in aid of the construction of said bridge by chap-
    6  ter two hundred seventy-nine of the laws of New York of nineteen hundred
    7  and  twenty-six, chapter ninety-seven of the laws of New Jersey of nine-
    8  teen hundred and twenty-five, chapter three hundred of the laws  of  New
    9  York  of nineteen hundred and twenty-seven and chapter three of the laws
   10  of New Jersey of nineteen hundred and twenty-seven,  together  with  the
   11  claims  of  the two states and of each of them for such repayment, shall
   12  be and shall be deemed to be fully satisfied  and  discharged,  and  any
   13  lien  or  claim  of  the two states or either of them upon the tolls and
   14  revenues of the said bridge arising out of,  under  or  because  of  the
   15  aforesaid  statutes  shall be and shall be deemed to be void and without
   16  force or effect.
   17    S 1006. Further reimbursement of moneys advanced by the states.  After
   18  the payment of the first two million  fifty  thousand  dollars  to  each
   19  state,  the  further amounts paid to each state pursuant to this article
   20  and the concurrent article of the state of New Jersey shall be deemed to
   21  be on account of the moneys  advanced  by  such  state  for  preliminary
   22  studies  upon and in aid of the construction of the Outerbridge crossing
   23  (formerly known as the Perth Amboy-Tottenville bridge) and the  Goethals
   24  bridge  (formerly  known as the Elizabeth-Howland Hook bridge); and from
   25  and after the date on which pursuant to this article and the  concurrent
   26  article  of the state of New Jersey the port authority shall have deliv-
   27  ered bonds or moneys, or both, to the state of New York in the aggregate
   28  principal amount of two million ninety-nine thousand nine hundred  eigh-
   29  teen  dollars  and  twenty  cents  and to the state of New Jersey in the
   30  aggregate principal amount of two million one hundred thousand  dollars,
   31  in each case in addition to the first two million fifty thousand dollars
   32  paid to such state under and pursuant to this article and the concurrent
   33  article  of the state of New Jersey, then the duty and obligation of the
   34  port authority to pay back to the two states  the  moneys  advanced  for
   35  preliminary  studies  upon  and  in  aid of the construction of said two
   36  bridges by chapters one hundred eighty-six and two hundred thirty of the
   37  laws of New York of nineteen hundred twenty-four, chapters  one  hundred
   38  twenty-five  and  one  hundred  forty-nine  of the laws of New Jersey of
   39  nineteen hundred twenty-four, chapter two hundred ten of the laws of New
   40  York of nineteen hundred twenty-five and  chapter  thirty-seven  of  the
   41  laws  of  New  Jersey of nineteen hundred twenty-five, together with the
   42  claims of the two states and of each of them for such  repayment,  shall
   43  be  and  shall  be  deemed to be fully satisfied and discharged, and any
   44  lien or claim of the two states or either of them  upon  the  tolls  and
   45  revenues  of said bridges arising out of, under or because of the afore-
   46  said statutes shall be and shall be deemed to be void and without  force
   47  or effect.
   48    S  1007.  Deposit of bonds or moneys by the comptroller.  All bonds or
   49  moneys, or both, delivered by the port authority to the  comptroller  of
   50  the state of New York pursuant to this article shall be deposited by him
   51  in the post-war reconstruction fund in the state treasury.
   52                                 ARTICLE XI
   53                             MOTOR BUS TERMINAL
   54  Section 1101. Establishment.
       S. 3353                            91
    1          1102. Funding.
    2          1103. Maintenance and operation.
    3          1104. Powers.
    4          1105. Acquisition of real property.
    5    S  1101.  Establishment.    Upon  the  concurrence of the state of New
    6  Jersey, the states of New York and New  Jersey  hereby  agree  that  the
    7  moneys  in the general reserve fund of the port authority, authorized by
    8  chapter forty-eight of the laws of New York of one thousand nine hundred
    9  thirty-one and continued by article VI of this chapter and chapter  five
   10  of  the  laws  of New Jersey of one thousand nine hundred thirty-one, as
   11  amended, may be pledged in whole or in part by  the  port  authority  as
   12  security  for  or  applied  by  it to the repayment with interest of any
   13  moneys which it may raise upon bonds,  notes  or  other  obligations  or
   14  evidences  of  indebtedness,  issued  by it from time to time to provide
   15  funds for the establishment, acquisition or rehabilitation  of  a  motor
   16  bus  terminal  (by  which  is meant a terminal consisting of one or more
   17  buildings, structures, improvements, loading or unloading areas, parking
   18  areas or other facilities, necessary, convenient  or  desirable  in  the
   19  opinion  of  the  port  authority for the accommodation of omnibuses and
   20  other motor vehicles operated by carriers engaged in the  transportation
   21  of passengers, or for the loading, unloading, interchange or transfer of
   22  such  passengers  or  their baggage, or otherwise for the accommodation,
   23  use or convenience of such passengers or such carriers or their  employ-
   24  ees)  or  for  purposes incidental thereto;  and that the moneys in said
   25  general reserve fund may  be  applied  by  the  port  authority  to  the
   26  fulfillment  of any other undertakings which it may assume to or for the
   27  benefit of the holders of any of such bonds;   and the two  said  states
   28  further agree that the port authority may acquire by condemnation or the
   29  right  of eminent domain such real property in each state as it may from
   30  time to time deem necessary for or in connection with the establishment,
   31  acquisition and rehabilitation of such motor bus terminal.
   32    S 1102. Funding.  The bonds, notes or other obligations  or  evidences
   33  of  indebtedness  issued  by the port authority to provide funds for the
   34  establishment, acquisition and rehabilitation of such motor bus terminal
   35  are hereby made securities in which all state and municipal officers and
   36  bodies of both states, all  banks,  bankers,  trust  companies,  savings
   37  banks,  building  and  loan associations, savings and loan associations,
   38  investment companies and other persons carrying on a  banking  business,
   39  all insurance companies, insurance associations and other persons carry-
   40  ing on an insurance business, and all administrators, executors, guardi-
   41  ans,  trustees  and other fiduciaries, and all other persons whatsoever,
   42  who are now or may hereafter be authorized by either state to invest  in
   43  bonds  or  other  obligations  of  such  state, may properly and legally
   44  invest any funds, including capital, belonging to them or  within  their
   45  control; and said obligations are hereby made securities which may prop-
   46  erly and legally be deposited with and shall be received by any state or
   47  municipal  officer  or  agency of either state for any purpose for which
   48  the deposit of bonds or other obligations of such state is  now  or  may
   49  hereafter be authorized.
   50    S 1103. Maintenance and operation.  The establishment, maintenance and
   51  operation  of  such  motor  bus  terminal  within  the  port of New York
   52  district is and will be in all respects for the benefit of the people of
   53  the states of New York  and  New  Jersey,  for  the  increase  of  their
   54  commerce  and  prosperity  and  for  the improvement of their health and
   55  living conditions; and the port authority shall be regarded as  perform-
   56  ing  an essential governmental function in undertaking the construction,
       S. 3353                            92
    1  maintenance and operation thereof and in carrying out the provisions  of
    2  law relating thereto.
    3    S  1104.  Powers.    Any  powers granted to the port authority by this
    4  article and the concurrent act of the  state  of  New  Jersey  shall  be
    5  regarded  as  in aid of and supplemental to and in no sense as a limita-
    6  tion upon any of the other powers vested in it  by  the  two  states  or
    7  either  of  them; and the port authority shall be authorized not only to
    8  establish, acquire, rehabilitate, maintain, operate  and  from  time  to
    9  time  improve  such motor bus terminal, but also to make incidental uses
   10  of properties acquired for or in connection with such motor  bus  termi-
   11  nal.
   12    S 1105. Acquisition of real property.  If, for the purpose of effectu-
   13  ating,  acquiring,  constructing, rehabilitating or improving such motor
   14  bus terminal, the port authority shall find it necessary  or  convenient
   15  to  acquire any real property, as herein defined, in this state, whether
   16  for immediate or future use, the port authority may find  and  determine
   17  that  such property, whether a fee simple absolute or a lesser interest,
   18  is required for public use, and upon such determination, the said  prop-
   19  erty  shall  be  and  shall be deemed to be required for such public use
   20  until  otherwise  determined  by  the  port  authority;  and  with   the
   21  exceptions  hereinafter specifically noted, the said determination shall
   22  not be affected by the fact that  such  property  has  theretofore  been
   23  taken  for,  or  is then devoted to, a public use; but the public use in
   24  the hands or under the control of the port  authority  shall  be  deemed
   25  superior to the public use in the hands of any other person, association
   26  or corporation.
   27    If  the  port  authority is unable to agree for the acquisition of any
   28  such real property for any reason whatsoever, then  the  port  authority
   29  may  acquire and is hereby authorized to acquire such property whether a
   30  fee simple absolute or a lesser interest, by the exercise of  the  right
   31  of  eminent  domain  under and pursuant to the provisions of the eminent
   32  domain procedure law.
   33    Anything in this article to the contrary notwithstanding, no  property
   34  now  or  hereafter  vested  in or held by the state or any county, city,
   35  borough, village, township or other municipality shall be taken  by  the
   36  port authority, without the authority or consent of the state or of such
   37  county,  city,  borough,  village,  township,  or  other municipality as
   38  provided in the compact of April thirtieth, nineteen hundred  twenty-one
   39  and  continued  by  article I of this chapter, between the states of New
   40  York and New Jersey, nor shall anything herein impair or  invalidate  in
   41  any  way  any  bonded  indebtedness  of the state, or such county, city,
   42  borough,  village,  township  or  other  municipality,  nor  impair  the
   43  provisions  of  law regulating the payment into sinking funds of revenue
   44  derived from municipal property, or dedicating the revenues derived from
   45  municipal property to a specific purpose. The port authority  is  hereby
   46  authorized and empowered to acquire from any such county, city, borough,
   47  village, township or other municipality, or from any other public agency
   48  or  commission  having jurisdiction in the premises, by agreement there-
   49  with, and such county, city, borough, village,  township,  municipality,
   50  public  agency  or commission, notwithstanding any contrary provision of
   51  law, is hereby authorized and empowered to grant and convey upon reason-
   52  able terms and conditions, any real property, which may be necessary for
   53  the establishment, construction, acquisition, rehabilitation,  operation
   54  and maintenance of such motor bus terminal, including such real property
   55  as has already been devoted to a public use.
       S. 3353                            93
    1    The  port  authority  and its duly authorized agents and employees may
    2  pursuant to the provisions of the eminent  domain  procedure  law  enter
    3  upon  any  land  in  this  state for the purpose of making such surveys,
    4  maps, or other examination thereof as it may deem necessary  or  conven-
    5  ient for the purposes of this article.
    6    The term "real property" as used in this article is defined to include
    7  lands,  structures,  franchises  and  interests in land, including lands
    8  under water and riparian rights, and  any  and  all  things  and  rights
    9  usually included within the said term, and includes not only fees simple
   10  absolute  but  also  any  and  all  lesser interests, such as easements,
   11  rights of way, uses, leases, licenses and all other incorporeal  heredi-
   12  taments and every estate, interest or right, legal or equitable, includ-
   13  ing  terms of years, and liens thereon by way of judgments, mortgages or
   14  otherwise, and also claims for damages to real estate.
   15                                 ARTICLE XII
   16                              MARINE TERMINALS
   17  Section 1201. Authorization.
   18          1202. Restrictions.
   19          1203. Definitions.
   20          1204. Municipality consent; legal process.
   21          1205. Agreement between the states.
   22          1206. Acquisition of land by eminent domain or condemnation.
   23          1207. Unappropriated lands.
   24          1208. Funding; bonds.
   25    S 1201. Authorization.   Upon the concurrence  of  the  state  of  New
   26  Jersey,  the states of New York and New Jersey hereby agree that munici-
   27  palities, as hereinafter defined, located within the Port  of  New  York
   28  district  shall  be and they hereby are authorized to cooperate with the
   29  Port Authority in the development of marine terminals, and the two  said
   30  states further agree that the state of New Jersey may authorize the Port
   31  Authority  to  acquire  by  condemnation or the exercise of the right of
   32  eminent domain real property in  the  state  of  New  Jersey  necessary,
   33  convenient or desirable for marine terminal purposes, under and pursuant
   34  to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the
   35  option of the Port Authority, pursuant to such other or alternate proce-
   36  dure  as may be provided by law by such state, and that the state of New
   37  York may authorize the Port Authority to acquire real  property  in  the
   38  state of New York necessary, convenient or desirable for marine terminal
   39  purposes, under and pursuant to the eminent domain procedure law of that
   40  state,  or at the option of the Port Authority pursuant to such other or
   41  alternate procedure as may be provided by law by such state.
   42    S 1202. Restrictions. Nothing herein contained shall be  construed  to
   43  authorize  the  Port  Authority  to acquire any marine terminal owned or
   44  operated by any municipality or any  other  property  now  or  hereafter
   45  vested  in or held by any municipality, without the authority or consent
   46  of such municipality as provided in  the  compact  of  April  thirtieth,
   47  nineteen  hundred twenty-one and continued by article I of this chapter,
   48  between the states of New York and New Jersey, nor shall anything herein
   49  impair or invalidate in any way any bonded indebtedness of the state, or
   50  any municipality, nor  impair  the  provisions  of  law  regulating  the
   51  payment  into  sinking funds of revenue derived from municipal property,
   52  or dedicating the revenues derived from municipal property to a specific
   53  purpose.
   54    S 1203. Definitions.  The following terms as used herein shall mean:
       S. 3353                            94
    1    1. "Marine terminals" shall mean developments, consisting  of  one  or
    2  more  piers,  wharves,  docks, bulkheads, slips, basins, vehicular road-
    3  ways, railroad connections, side tracks,  sidings  or  other  buildings,
    4  structures,  facilities  or improvements, necessary or convenient to the
    5  accommodation  of  steamships  or  other  vessels  and  their cargoes or
    6  passengers and shall also mean  waterfront  development  projects.    It
    7  shall  also  include  such  highway projects in the vicinity of a marine
    8  terminal providing improved access to such marine terminal as  shall  be
    9  designated in legislation adopted by the two states. Notwithstanding any
   10  contrary provision of law, general, special or local, it shall also mean
   11  railroad  freight projects related or of benefit to a marine terminal or
   12  which are necessary, convenient or desirable in the opinion of the  port
   13  authority  for  the  protection or promotion of the commerce of the port
   14  district, consisting of railroad freight  transportation  facilities  or
   15  railroad  freight  terminal facilities;  and any equipment, improvement,
   16  structure or facility or any land, and any building, structure, facility
   17  or other improvement thereon, or any combination thereof, and  all  real
   18  and  personal  property  in  connection therewith or incidental thereto,
   19  deemed necessary or desirable in the  opinion  of  the  port  authority,
   20  whether or not now in existence or under construction, for the undertak-
   21  ing of such railroad freight projects.
   22    2.  "Marine terminal purposes" shall mean the effectuation, establish-
   23  ment, acquisition, construction,  rehabilitation,  improvement,  mainte-
   24  nance or operation of marine terminals.
   25    3.  "Municipality"  shall mean a county, city, borough, village, town-
   26  ship, town, public agency, public authority or political subdivision.
   27    4. "Real property" shall mean lands, structures, franchises and inter-
   28  ests in land, including waters, lands under water and  riparian  rights,
   29  and any and all things and rights usually included within the said term,
   30  and  includes  not only fees simple absolute but also any and all lesser
   31  interests, including but not limited to easements, rights-of-way,  uses,
   32  leases,  licenses  and  all  other  incorporeal  hereditaments and every
   33  estate, interest or right, legal or equitable, including terms for years
   34  and liens thereon by way or judgments, mortgages or otherwise.
   35    5. "Waterfront development projects" shall mean projects for the revi-
   36  talization and economic development of waterfront property which is  (a)
   37  not  in  use for the handling of water-borne cargoes, or (b) directly or
   38  indirectly related to the water-borne movement of passengers  and  their
   39  vehicles.    Such  projects  shall include but not be limited to hotels,
   40  marinas, commercial offices, including the installation of a fiber optic
   41  cable within its  boundaries,  or  facilities  which  serve  conference,
   42  convention,  recreation  or entertainment purposes or are retail service
   43  establishments, parking, technical, satellite antenna, similar  communi-
   44  cation  or  other facilities related to any of the foregoing and associ-
   45  ated improvements necessary to provide public access to such  waterfront
   46  development  projects.  Notwithstanding the above, a waterfront develop-
   47  ment project authorized by this act shall  not  contain  any  technical,
   48  satellite  antenna  or  similar  telecommunications facility unless such
   49  facility is directly used by, and for the sole  benefit  of,  end  users
   50  located on the site of the project. Furthermore, no port authority money
   51  shall be used directly or indirectly in the financing or construction of
   52  said telecommunications facility.
   53    S  1204.  Municipality consent; legal process.  1. Notwithstanding any
   54  contrary provision of law, any municipality located within the  Port  of
   55  New  York  district is authorized and empowered to consent to the use by
   56  the Port Authority of any marine terminal owned by such municipality  or
       S. 3353                            95
    1  of  any  real or personal property owned by such municipality and neces-
    2  sary, convenient or desirable in the opinion of the Port  Authority  for
    3  marine  terminal  purposes,  including such real property as has already
    4  been  devoted  to  a  public use, and as an incident to such consent, to
    5  grant, convey, lease or otherwise transfer to  the  Port  Authority  any
    6  such  marine  terminal  or real or personal property, upon such terms as
    7  may be determined by the Port Authority and such  municipality.    Every
    8  such  municipality  is also authorized and empowered to vest in the Port
    9  Authority the control, operation, maintenance, rents, tolls, charges and
   10  any and all other revenues of any marine  terminal  now  owned  by  such
   11  municipality,  the title to such marine terminal remaining in such muni-
   12  cipality.  Such consent shall be given, and the execution of any  agree-
   13  ment,  deed,  lease,  conveyance  or  other  instrument  evidencing such
   14  consent or given as an incident  thereto  shall  be  authorized  in  the
   15  manner provided in article twenty-two of the compact of April thirtieth,
   16  nineteen  hundred  twenty-one  between  the two states creating the Port
   17  Authority and continued by subdivision 2 of section 104 of this chapter.
   18    2. The states of New York and New  Jersey  hereby  consent  to  suits,
   19  actions or proceedings of any form or nature in law, equity or otherwise
   20  by  any municipality against the Port Authority upon, in connection with
   21  or arising out of any such agreement,  agreements  or  any  modification
   22  thereof or supplement thereto, for the following types of relief and for
   23  such purposes only:
   24    (a) for money damages for breach thereof;
   25    (b)  for  money  damages for torts arising out of the operation of the
   26  municipal marine terminal;
   27    (c) for rent;
   28    (d) for specific performance;
   29    (e) for reformation thereof;
   30    (f) for an accounting;
   31    (g) For declaratory judgment;
   32    (h) for judgments, orders or decrees restraining or enjoining the Port
   33  Authority from transferring title to real property to third  persons  in
   34  cases  where  it  has contracted with such municipality to transfer such
   35  title to such municipality; and
   36    (i) for judgments, orders or decrees restraining or enjoining the Port
   37  Authority from committing or continuing to commit other breaches of such
   38  agreements with such municipality, provided that such judgment, order or
   39  decree shall not be entered except upon two days' prior  written  notice
   40  to  the  Port  Authority  of  the  proposed  entry  thereof and provided
   41  further, that upon an appeal taken by the Port Authority from such judg-
   42  ment, order or decree the service of the notice of appeal shall  perfect
   43  the  appeal  and  shall  stay  the  execution of such judgment, order or
   44  decree appealed from, without an undertaking or other security.
   45    3. When rules of venue are applicable, the venue  of  any  such  suit,
   46  action or proceeding shall be laid in the county or judicial district in
   47  which the marine terminal, which is the subject matter of such agreement
   48  between  the  Port Authority and such municipality, or any part thereof,
   49  is located.
   50    4. If any clause, sentence, paragraph, or part of this subdivision  or
   51  the  application  thereof to any person or circumstances, shall, for any
   52  reason, be adjudged by a court of competent jurisdiction to be  invalid,
   53  such  judgment  shall not affect, impair, or invalidate the remainder of
   54  this subdivision, and the application thereof to  any  other  person  or
   55  circumstances,  but  shall  be  confined in its operation to the clause,
   56  sentence, paragraph or part thereof directly involved in the controversy
       S. 3353                            96
    1  in which such judgment shall have been rendered and  to  the  person  or
    2  circumstances involved.
    3    S  1205. Agreement between the states.  This section and the preceding
    4  sections hereof constitute an agreement between the states of  New  York
    5  and New Jersey supplementary to the compact between the two states dated
    6  April thirtieth, nineteen hundred twenty-one, and amendatory thereof and
    7  continued  by article I of this chapter and shall be liberally construed
    8  to effectuate the purposes of said compact and of the comprehensive plan
    9  heretofore adopted by the two states pursuant thereto,  and  the  powers
   10  vested  in  the Port Authority hereby shall be construed to be in aid of
   11  and supplemental to and not in limitation or derogation of  any  of  the
   12  powers heretofore conferred upon or delegated to the Port Authority.
   13    S  1206.  Acquisition  of  land  by  eminent  domain  of condemnation.
   14  Subject to the limitation provided for in section twelve hundred two  of
   15  this article that the Port Authority may not acquire any marine terminal
   16  owned or operated by any municipality or any other property vested in or
   17  held  by any municipality without the authority or consent of such muni-
   18  cipality, the Port Authority may, at its option, exercise the  right  of
   19  eminent  domain or condemnation to acquire real property in the state of
   20  New York for marine terminal purposes as set forth in this section:
   21    1. If for any of the purposes of  this  article  (including  temporary
   22  construction  purposes,  and  the  making  of  additions, extensions, or
   23  improvements to marine terminals already constructed) the Port Authority
   24  shall find it necessary, convenient or desirable  to  acquire  any  real
   25  property  as  herein  defined,  whether for immediate or future use, the
   26  Port Authority may find and determine that such property, whether a  fee
   27  simple  absolute or a lesser interest, is required for a public use, and
   28  upon such determination, the said real property shall be  and  shall  be
   29  deemed  to be required for such public use until otherwise determined by
   30  the Port Authority;  and, subject to the limitation hereinbefore specif-
   31  ically noted, the said determination shall not be affected by  the  fact
   32  that  such  property  has theretofore been taken for, or is then devoted
   33  to, a public use;  but the public use in the hands or under the  control
   34  of  the Port Authority shall be deemed superior to the public use in the
   35  hands of any other person, association or corporation, provided,  howev-
   36  er,  that  nothing  herein  contained  shall  be construed to permit the
   37  taking by exercise of the right of eminent domain by the Port  Authority
   38  of any property owned by any railroad or railway corporation and devoted
   39  to  use  by such corporation in its operations, or acquired prior to the
   40  effective date of this act and held for such use, without the  authority
   41  or consent of such corporation.
   42    The  Port  Authority  may  acquire and is hereby authorized to acquire
   43  such property, whether a fee simple absolute or a  lesser  interest,  by
   44  the  exercise  of  the right of eminent domain under and pursuant to the
   45  provisions of the eminent domain procedure law of the state of New York.
   46    2. Unless and until the state of New York otherwise provides  by  law,
   47  the  Port Authority shall not have the power to acquire real property in
   48  the state of New York for marine terminal purposes  by  condemnation  or
   49  the  right  of  eminent  domain  except for real property within the two
   50  tracts in the borough of Brooklyn, county of Kings, city  and  state  of
   51  New  York,  hereinafter  bounded and described, necessary, convenient or
   52  desirable, in the opinion of the Port  Authority,  for  the  purpose  of
   53  making  additions,  extensions  or  improvements  to  the Port Authority
   54  marine terminal known as the Brooklyn-Port Authority piers:
   55    (a) TRACT I
       S. 3353                            97
    1    BEGINNING at a point formed by the intersection of the  centerline  of
    2  Fulton  Street  and  the  centerline of Furman Street running thence (1)
    3  southwesterly along the centerline of Furman Street to the northeasterly
    4  side of Joralemon Street;  thence (2) northwesterly along the northeast-
    5  erly  side of Joralemon Street three hundred twenty five and twenty-five
    6  one hundredths feet more or less, to the point of intersection  of  said
    7  northeasterly  side  of Joralemon Street with the southeasterly boundary
    8  of the land granted by the people of the state of New York to  New  York
    9  Dock  Company by grant dated April 1, 1902 and recorded in the office of
   10  the Regster of Kings county on April 19, 1902 in liber 16, section 1  of
   11  conveyances,  page 52; thence (3) southwesterly along said southeasterly
   12  boundary of the grant to New York Dock Company thirty feet to the  point
   13  of  intersection of said southeasterly boundary of the grant to New York
   14  Dock Company with the northeasterly boundary of the grant  made  by  the
   15  people  of the state of New York to John Schenck and others dated August
   16  2, 1851 and recorded in the office of the Register of  Kings  county  in
   17  liber 532 of conveyances at page 310; thence (4) northwesterly along the
   18  northeasterly  boundary line of said grant to Schenck and others, forty-
   19  three and eighty-nine one-hundredths feet to the point  of  intersection
   20  of  said  course  number (4) with a line drawn parallel with and distant
   21  one and eighty-five one-hundredths feet northwesterly from the northwes-
   22  terly boundary (or a northeasterly projection of said boundary) of lands
   23  conveyed by New York Dock Company to  New  York  Dock  Trade  Facilities
   24  Corporation  by  deed dated August 1, 1928 and recorded in the office of
   25  the Register of Kings county in liber 4957 of conveyances at  page  239;
   26  thence  (5)  southwesterly along said line above-mentioned parallel with
   27  the northwesterly boundary (or a northeasterly projection of said bound-
   28  ary) of said lands conveyed to New York  Dock  Trade  Facilities  Corpo-
   29  ration,  thirty-three  and  seventy  one-hundredths feet to the point of
   30  intersection of said course number (5) with the  southwesterly  face  of
   31  the column standing at the northwesterly corner of the building known as
   32  the Trade Facilities Building;  thence (6) southeasterly at right angles
   33  to  said  course  no. (5) along the southwesterly face of the above-men-
   34  tioned column, one and eighty-five one-hundredths feet to the  point  of
   35  intersection  of  said course number (6) with the northwesterly boundary
   36  of the above-mentioned lands conveyed by New York Dock  Company  to  New
   37  York  Dock Trade Facilities Corporation;  thence (7) southwesterly along
   38  said northwesterly boundary of lands conveyed to  New  York  Dock  Trade
   39  Facilities  Corporation,  three  hundred sixty-nine and seventy one-hun-
   40  dredths feet, to the point of intersection of  said  course  number  (7)
   41  with  the  southwesterly  boundary of lands granted by the people of the
   42  state of New York to Harriet D.  Talmage by grant dated August  2,  1851
   43  and recorded in the office of the Register of Kings county in liber 4937
   44  of  conveyances  at page 185; thence (8) northwesterly along said south-
   45  westerly boundary of the land of Harriet D. Talmage and along the south-
   46  westerly boundary of grant made by the people of the state of  New  York
   47  to Franklin Woodruff by deed dated November 22, 1881 and recorded in the
   48  office  of  the Register of Kings county in liber 1445 of conveyances at
   49  page 247; and along the southwesterly boundary line of lands granted  by
   50  the  people  of  the state of New York to New York Dock Company by grant
   51  dated April 1, 1902 and recorded in the office of the Register of  Kings
   52  county  in  liber  16,  section  1  of conveyances, page 52, for a total
   53  distance of seven hundred sixty-six and seventeen  one-hundredths  feet,
   54  more or less, as measured along said southwesterly boundary lines of the
   55  aforesaid  grants  to  the  point  of intersection of said southwesterly
   56  boundary line of lands granted to New York Dock Company by grants  dated
       S. 3353                            98
    1  April  1,  1902  and  November  14, 1907 with the exterior pierhead line
    2  established by the New York Harbor Line Board on November  4,  1897  and
    3  confirmed  by chapter 776 of the laws of 1900;  thence (9) northeasterly
    4  along  said  exterior pierhead line to the intersection thereof with the
    5  centerline of Fulton Street projected westerly; thence (10) southeaster-
    6  ly along the centerline of Fulton Street  as  projected  to  the  inter-
    7  section  thereof  with  the  centerline of Furman Street at the point or
    8  place of beginning.
    9    (b) TRACT II
   10    BEGINNING at a point formed by the intersection of the southerly  line
   11  of  Atlantic Avenue and the centerline of Columbia Street running thence
   12  (1) southwesterly along the centerline of Columbia Street to the  inter-
   13  section  thereof  with  the  centerline  of  Kane  Street;    thence (2)
   14  northwesterly along the centerline of Kane Street  to  the  intersection
   15  thereof  with  the centerline of Van Brunt Street;  thence (3) southwes-
   16  terly along the centerline of Van Brunt Street to the intersection ther-
   17  eof with the centerline of Summit  Street;    thence  (4)  northwesterly
   18  along  the  centerline of Summit Street to the intersection thereof with
   19  the centerline of Imlay Street;   thence  (5)  southwesterly  along  the
   20  centerline  of  Imlay  Street  to a point where said centerline of Imlay
   21  Street intersects the centerline  of  Bowne  Street  (sixty  feet  wide)
   22  projected  northwesterly  across  Imlay  Street  and  the  line of lands
   23  conveyed by New York Dock Company to Imlay  Corporation  by  deed  dated
   24  July  28, 1950;  thence (6) northwesterly along said centerline of Bowne
   25  Street projected northwesterly from the centerline  of  Imlay  Street  a
   26  distance  of  one  hundred  thirty-three feet seven inches more or less;
   27  thence (7) southwesterly parallel with the northwesterly side  of  Imlay
   28  Street five hundred twenty feet to a point in a line which is the center
   29  line  of  Commerce Street projected northwesterly from the northwesterly
   30  side of Imlay Street;  thence (8) northwesterly along said line which is
   31  the center line of Commerce  Street  projected  northwesterly  from  the
   32  northwesterly side of Imlay Street twenty-three feet six inches;  thence
   33  (9)  southwesterly  parallel with the northwesterly side of Imlay Street
   34  four hundred fifty-seven feet eight inches;   thence (10)  northwesterly
   35  parallel   with  the  northeasterly  side  of  Verona  Street  projected
   36  northwesterly across Imlay Street four feet eight  inches;  thence  (11)
   37  southwesterly parallel with the northwesterly side of Imlay Street nine-
   38  ty-two  feet  four inches to the intersection of said course number (11)
   39  with the southwesterly side of  Verona  Street  projected  northwesterly
   40  across  Imlay  Street; thence (12) northwesterly along the southwesterly
   41  side of Verona Street projected  northwesterly  from  the  northwesterly
   42  side  of Imlay Street forty-three feet three inches to the southeasterly
   43  boundary of Commercial Wharf;    thence  (13)  southwesterly  along  the
   44  southeasterly  boundary  of Commercial Wharf four hundred ninety feet to
   45  the centerline of  Pioneer  Street  (sixty  feet  wide);    thence  (14)
   46  northwesterly  along  the  centerline  of Pioneer Street ten feet to the
   47  centerline of Conover Street as extended;    thence  (15)  southwesterly
   48  along  the  centerline  of Conover Street two hundred sixty feet more or
   49  less to the intersection thereof with the  centerline  of  King  Street;
   50  thence  (16)  northwesterly  along  the  centerline  of King Street five
   51  hundred sixty feet more or less to the  intersection  thereof  with  the
   52  centerline  of  Ferris  Street;    thence  (17)  southwesterly along the
   53  centerline of Ferris Street one hundred forty-four feet  more  or  less;
   54  thence  (18)  northwesterly and parallel with the centerline of Sullivan
   55  Street four hundred twenty-six feet;  thence (19) northeasterly parallel
   56  with the northwesterly side of Ferris Street  three  hundred  thirty-one
       S. 3353                            99
    1  feet  three and one half inches;  thence (20) northwesterly along a line
    2  forming an exterior angle of ninety-nine degrees fifty-four minutes  and
    3  forty-one  seconds  with  course number (19) hereof, two hundred thirty-
    4  eight  feet  two  inches  to the United States pierhead line thence (21)
    5  northeasterly along the United States pierhead  line  to  the  point  of
    6  intersection  of said pierhead line with a line drawn in continuation of
    7  the southerly side of Atlantic Avenue;  thence (22) southeasterly  along
    8  said line drawn in continuation of the southerly side of Atlantic Avenue
    9  and along the said southerly side of Atlantic Avenue, one thousand three
   10  hundred  seventy-five  and sixty-seven one-hundredths feet, more or less
   11  to the point or place of beginning.
   12    3. The foregoing limitations shall not be construed to  limit,  affect
   13  or  impair  the  power of the Port Authority to acquire real property at
   14  any time or place for marine terminal purposes by negotiation or in  any
   15  manner  other  than  by  condemnation  or  the  exercise of the right of
   16  eminent domain.
   17    S 1207. Unappropriated lands.  In the event that  the  Port  Authority
   18  shall find it necessary or desirable to acquire any unappropriated state
   19  land  or  lands under water in the state of New York for marine terminal
   20  purposes, the commissioner of general services may  grant,  transfer  or
   21  convey  such  unappropriated state land or lands under water to the Port
   22  Authority under such terms and conditions as may be determined  by  said
   23  commissioner.
   24    S  1208.  Funding; bonds. The obligations issued by the port authority
   25  to provide funds for any marine terminal purpose are hereby made securi-
   26  ties in which all state  and  municipal  officers  and  bodies  of  both
   27  states,  all  trust  companies  and  banks other than savings banks, all
   28  building and loan associations, savings and loan  associations,  invest-
   29  ment  companies and other persons carrying on a commercial banking busi-
   30  ness, all insurance companies, insurance associations and other  persons
   31  carrying  on  an  insurance business, and all administrators, executors,
   32  guardians, trustees and other fiduciaries, and  all  other  persons  and
   33  legal entities whatsoever (other than savings banks), who are now or may
   34  hereafter  be  authorized  by  either  state  to invest in bonds of such
   35  state, may properly and legally invest  any  funds,  including  capital,
   36  belonging  to  them  or  within  their control, and said obligations are
   37  hereby made securities which may properly and legally be deposited  with
   38  and  shall  be  received  by any state or municipal officer or agency of
   39  either state for any purpose for which the  deposit  of  bonds  of  such
   40  state  is now or may hereafter be authorized.  The obligations issued by
   41  the port authority to provide funds for any marine terminal  purpose  as
   42  security  for  which  the  general  reserve  fund  of the port authority
   43  authorized by chapter forty-eight of the laws of New  York  of  nineteen
   44  hundred  thirty-one as amended and continued by article VI of this chap-
   45  ter, shall have been pledged in whole or in part are hereby made securi-
   46  ties in which all savings banks also may properly and legally invest any
   47  funds, including capital, belonging to them or within their control.
   48                                ARTICLE XIII
   49                                AIR TERMINALS
   50  Section 1301. Authorization.
   51          1302. Restrictions.
   52          1303. Definitions.
   53          1304. Purpose.
   54          1304-a. Operation of air terminals; noise prohibition.
       S. 3353                            100
    1          1305. Taxes; assessments.
    2          1306. General reserve fund; repayment.
    3          1307. Bonds.
    4          1308. Municipality consent.
    5          1309. Acquisition limitations.
    6          1310. Federal aid.
    7          1311. Lands under water.
    8          1312. Repayment of bonds and obligations.
    9          1313. Contrary declarations.
   10          1314. Agreement between the states.
   11          1315. Federal aid procedure; application.
   12    S  1301.  Authorization.    Upon  the  concurrence of the state of New
   13  Jersey, the states of New York and New Jersey  declare  and  agree  that
   14  each air terminal within the Port of New York District serves the entire
   15  district,  and  that  the  problem of furnishing proper and adequate air
   16  terminal facilities within the district is  a  regional  and  interstate
   17  problem,  and  that  it  is and shall be the policy of the two states to
   18  encourage the integration of such air terminals so far as practicable in
   19  a unified system.
   20    Accordingly, in furtherance of said policy and in partial effectuation
   21  of the comprehensive plan, heretofore adopted by the two states for  the
   22  development of terminal and transportation facilities in the Port of New
   23  York District, the states of New York and New Jersey agree that the port
   24  authority   shall  be  authorized  to  effectuate,  establish,  acquire,
   25  construct, rehabilitate, improve, maintain and operate air terminals, as
   26  hereinafter defined, within the Port of New York District, and  the  two
   27  said  states  further  agree  that  all cities and other state and local
   28  agencies shall be and they hereby are authorized to cooperate  with  the
   29  port  authority  in  the  development  of  air terminals, as hereinafter
   30  provided.
   31    S 1302. Restrictions.  Nothing herein contained shall be construed  to
   32  authorize  the port authority to acquire any air terminal owned or oper-
   33  ated by any city or other municipality or public authority, or any other
   34  property now or hereafter vested in or held by any city or other munici-
   35  pality or public authority, without the authority  or  consent  of  such
   36  city  or  other  municipality  or  public  authority, as provided in the
   37  compact of April thirtieth, nineteen hundred twenty-one,  and  continued
   38  by  article  I  of  this chapter, between the states of New York and New
   39  Jersey, nor shall anything herein impair or invalidate in  any  way  any
   40  bonded  indebtedness  of the state, or any city or other municipality or
   41  public authority, nor  impair  the  provisions  of  law  regulating  the
   42  payment  into  sinking funds of revenue derived from municipal property,
   43  or dedicating the revenues derived from municipal property to a specific
   44  purpose.
   45    S 1303. Definitions.  The following terms as used herein  shall  mean:
   46  1.  "Air  terminals"  shall  mean  developments  consisting  of runways,
   47  hangars, control towers, ramps, wharves,  bulkheads,  buildings,  struc-
   48  tures,  parking  areas,  improvements, facilities or other real property
   49  necessary, convenient or desirable for the landing, taking off, accommo-
   50  dation and servicing of aircraft of all types, including but not limited
   51  to airplanes, airships, dirigibles,  helicopters,  gliders,  amphibians,
   52  seaplanes,  or any other contrivance now or hereafter used for the navi-
   53  gation of or flight in air or space, operated by carriers engaged in the
   54  transportation of passengers or cargo, or for  the  loading,  unloading,
   55  interchange  or  transfer  of  such passengers or their baggage, or such
   56  cargo, or otherwise for the accommodation, use or  convenience  of  such
       S. 3353                            101
    1  passengers, or such carriers or their employees (facilities and accommo-
    2  dations  at  sites  removed from landing fields and other landing areas,
    3  however, except as otherwise provided in this section, to be limited  to
    4  ticket  stations  and  passenger stations for air passengers, to express
    5  and freight stations for air express and air freight, and to beacons and
    6  other aids to air navigation), or for the landing, taking off,  accommo-
    7  dation and servicing of aircraft owned or operated by persons other than
    8  carriers.    It  shall  also  mean facilities providing access to an air
    9  terminal, consisting of rail, rapid  transit  or  other  forms  of  mass
   10  transportation  which  furnish a connection between the air terminal and
   11  other points in the port district, including appropriate mass  transpor-
   12  tation  terminal  facilities  at  and within the air terminal itself and
   13  suitable offsite facilities for the  accommodation  of  air  passengers,
   14  baggage, mail, express, freight and other users of the connecting facil-
   15  ity.  It shall also mean such highway project or projects in the vicini-
   16  ty  of an air terminal providing improved access to such air terminal as
   17  shall be designated in legislation adopted by the two  states.  Notwith-
   18  standing  any  contrary  provision of law, general, special or local, it
   19  shall also mean railroad freight projects related or of  benefit  to  an
   20  air  terminal  or  which  are  necessary, convenient or desirable in the
   21  opinion of the port authority for the protection  or  promotion  of  the
   22  commerce  of the port district, consisting of railroad freight transpor-
   23  tation facilities or railroad freight  terminal  facilities;    and  any
   24  equipment,  improvement,  structure  or  facility  or  any land, and any
   25  building, structure, facility  or  other  improvement  thereon,  or  any
   26  combination  thereof,  and  all real and personal property in connection
   27  therewith or incidental thereto, deemed necessary or  desirable  in  the
   28  opinion  of the port authority, whether or not now in existence or under
   29  construction, for the undertaking of such railroad freight projects.
   30    2. "Air terminal bonds" shall mean bonds issued by the port  authority
   31  for air terminal purposes.
   32    3. "Air terminal purposes" shall mean the effectuation, establishment,
   33  acquisition,  construction,  rehabilitation, improvement, maintenance or
   34  operation of air terminals owned, leased or operated by the port author-
   35  ity of New York and New Jersey (including airports operated under  revo-
   36  cable  permits)  or  operated  by others pursuant to agreements with the
   37  port authority.
   38    4. "Bonds" shall mean bonds, notes, securities or other obligations or
   39  evidences of indebtedness.
   40    5. "General reserve fund" shall mean the general reserve fund  of  the
   41  port authority authorized by chapter forty-eight of the laws of New York
   42  of nineteen hundred thirty-one as amended and continued by article VI of
   43  this  chapter,  and  chapter  five of the laws of New Jersey of nineteen
   44  hundred thirty-one, as amended.
   45    6. "General reserve fund statutes" shall mean chapter  forty-eight  of
   46  the  laws  of  New  York  of  nineteen hundred thirty-one as amended and
   47  continued by article VI of this chapter, and chapter five of the laws of
   48  New Jersey of nineteen hundred thirty-one, as amended.
   49    7. "Municipality" shall mean a county, city, borough,  village,  town-
   50  ship, town, public agency, public authority or political subdivision.
   51    8. "Real property" shall mean lands, structures, franchises and inter-
   52  ests  in  land,  including air space and air rights, waters, lands under
   53  water and riparian rights, and any and all things  and  rights  included
   54  within  the  said  term,  and includes not only fees simple absolute but
   55  also any and all lesser interests, including but not  limited  to  ease-
   56  ments,  rights  of way, uses, leases, licenses and all other incorporeal
       S. 3353                            102
    1  hereditaments and every estate, interest or right, legal  or  equitable,
    2  including  terms  for years and liens thereon by way of judgments, mort-
    3  gages or otherwise.
    4    S  1304.  Purpose.    The  effectuation,  establishment,  acquisition,
    5  construction, rehabilitation, improvement, maintenance and operation  of
    6  air  terminals  by the port authority is and will be in all respects for
    7  the benefit of the people of the states of New York and New Jersey,  for
    8  the  increase  of their commerce and prosperity, and for the improvement
    9  of their health and living conditions;  and the port authority shall  be
   10  regarded as performing an essential governmental function in undertaking
   11  the  effectuation,  establishment,  acquisition, construction, rehabili-
   12  tation, improvement, maintenance or operation thereof, and  in  carrying
   13  out the provisions of law relating thereto.
   14    S  1304-a.  Operation of air terminals; noise prohibition. 1. The port
   15  authority shall not permit or contract for the landing or takeoff of any
   16  aircraft which emits a noise in excess of 108 EPNdB as measured  as  set
   17  forth herein at any airport it maintains or operates; provided, however,
   18  in  any  case  of emergency involving the possible saving of human life,
   19  the prohibition of this subdivision may be temporarily suspended.
   20    2. Measurement. For purposes of this section, aircraft noise is to  be
   21  measured at the following points:
   22    (a)  For  takeoff, at a point 3.5 nautical miles from the start of the
   23  takeoff roll on the extended centerline of the runway;
   24    (b) For approach, at a point one nautical mile from the  threshold  on
   25  the extended centerline of the runway;  and
   26    (c)  For  the  sideline,  at the point, on a line parallel to and 0.25
   27  nautical miles from the extended centerline of  the  runway,  where  the
   28  noise  level  after  liftoff  is  greatest,  except  that, for airplanes
   29  powered by more than three turbojet engines, this distance must be  0.35
   30  nautical miles.
   31    3.  Exceptions.   Notwithstanding the requirements of subdivisions one
   32  and two of this section the port authority in its discretion may, up  to
   33  a  maximum noise level not exceeding 112 PNdB on takeoff, as measured by
   34  the port authority in the manner used by the port authority to make such
   35  measurements on the effective date of this section, grant  an  exception
   36  thereto  to  any classification of aircraft built prior to the effective
   37  date of this article and which has heretofore used the  airport  facili-
   38  ties  of  the  port authority, even though said aircraft does not comply
   39  with subdivisions one and two of this section, upon a showing  that  (a)
   40  the  aircraft  is  capable  of being equipped with retrofit equipment to
   41  reduce the noise thereof to comply with the  foregoing  requirements  of
   42  the  airport  operator,  and, in addition, (b) that such modification by
   43  way of retrofit to reduce its noise  shall  be  accomplished  upon  such
   44  terms  and  conditions  to  assure  compliance as the port authority, as
   45  airport operator, may require, within five years of the date of applica-
   46  tion for an exception hereunder but in no event later than  June  first,
   47  nineteen hundred eighty-one.
   48    S  1305.  Taxes;  assessments. The port authority shall be required to
   49  pay no taxes or assessments upon any of the property acquired or used by
   50  it for air terminal purposes;   but  this  shall  not  be  construed  to
   51  prevent  the port authority and municipalities from entering into agree-
   52  ments for the payment of fair and reasonable sums by the port  authority
   53  annually  in  accordance  with legislation heretofore adopted by the two
   54  states, to the end that such municipalities may not suffer undue loss of
   55  taxes and assessments by reason of  the  acquisition  and  ownership  of
   56  property by the port authority for air terminal purposes.
       S. 3353                            103
    1    S  1306.    General reserve fund; repayment. The moneys in the general
    2  reserve fund of the port authority may be pledged in whole or in part by
    3  the port authority as security for or applied by  it  to  the  repayment
    4  with  interest  of any moneys which it may raise upon bonds issued by it
    5  from  time  to time to provide funds for air terminal purposes;  and the
    6  moneys in said general reserve fund may be applied by the port authority
    7  to the fulfillment of any other undertakings which it may assume  to  or
    8  for the benefit of the holders of any such bonds.
    9    Subject to prior liens and pledges, (and to the obligation of the port
   10  authority  to  apply  revenues to the maintenance of its general reserve
   11  fund in the amount prescribed by the general reserve fund statutes), the
   12  revenues of the port authority from facilities established, constructed,
   13  acquired or effectuated through the issuance or sale  of  bonds  of  the
   14  port  authority  secured  by a pledge of its general reserve fund may be
   15  pledged in whole or in part as security for or  applied  by  it  to  the
   16  repayment  with  interest  of  any  moneys which it may raise upon bonds
   17  issued by it to provide funds for air terminal purposes, and said reven-
   18  ues may be applied by the port authority to the fulfillment of any other
   19  undertakings which it may assume to or for the benefit of the holders of
   20  such bonds.
   21    S 1307. Bonds. The bonds issued by the port authority to provide funds
   22  for air terminal purposes are hereby made securities in which all  state
   23  and  municipal  officers  and bodies of both states, all banks, bankers,
   24  trust companies, savings banks, building and loan associations,  savings
   25  and  loan  associations, investment companies and other persons carrying
   26  on a banking business, all insurance companies,  insurance  associations
   27  and other persons carrying on an insurance business, and all administra-
   28  tors,  executors,  guardians,  trustees  and  other fiduciaries, and all
   29  other persons whatsoever, who are now or may hereafter be authorized  by
   30  either  state to invest in bonds or other obligations of such state, may
   31  properly and legally invest any funds, including capital,  belonging  to
   32  them or within their control;  and said bonds are hereby made securities
   33  which  may  properly and legally be deposited with and shall be received
   34  by any state or municipal officer or agency  of  either  state  for  any
   35  purpose  for  which  the  deposit  of bonds or other obligations of such
   36  state is now or may hereafter be authorized.
   37    S  1308.  Municipality  consent.  1.  Notwithstanding   any   contrary
   38  provision of law, every municipality in the Port of New York District is
   39  authorized  and empowered to consent to the use by the port authority of
   40  any air terminal owned by such municipality or of any real  or  personal
   41  property owned by such municipality and necessary, convenient or desira-
   42  ble  in  the  opinion  of  the port authority for air terminal purposes,
   43  including such real property as has already been  devoted  to  a  public
   44  use,  and  as  an  incident to such consent, to grant, convey, lease, or
   45  otherwise transfer to the port authority any such air terminal  or  real
   46  or  personal  property, upon such terms as may be determined by the port
   47  authority and such  municipality.    Every  such  municipality  is  also
   48  authorized  and  empowered as an incident to such consent to vest in the
   49  port authority the control, operation, maintenance, rents, tolls, charg-
   50  es and any and all other revenues of any air terminal now owned by  such
   51  municipality,  the  title to such air terminal remaining in such munici-
   52  pality.  Such consent shall be given and the execution of any agreement,
   53  deed, lease, conveyance, or other instrument evidencing such consent  or
   54  given  as an incident thereto shall be authorized in the manner provided
   55  in article twenty-two  of  the  compact  of  April  thirtieth,  nineteen
       S. 3353                            104
    1  hundred  twenty-one, and continued by article I of this chapter, between
    2  the two states creating the port authority.
    3    2.  Notwithstanding  any contrary provision of law, every municipality
    4  outside the port district is authorized and empowered to consent to  the
    5  use  of  real property owned by such municipality and necessary, conven-
    6  ient or desirable in the opinion of the port authority  for  beacons  or
    7  other aids to navigation, or to the use of any air space over real prop-
    8  erty owned by such municipality;  and as an incident to such consent, to
    9  grant,  lease,  convey  or otherwise transfer to the port authority such
   10  real property or air space.
   11    Such consent shall be given and the execution of any agreement,  deed,
   12  lease,  conveyance  or other instrument evidencing such consent or given
   13  as an incident thereto, shall be given by the  officer,  board  or  body
   14  authorized  by  law  to convey such property, or if no officer, board or
   15  body be otherwise authorized so to do, by the  governing  body  of  such
   16  municipality.
   17    3.  The  states  of  New  York and New Jersey hereby consent to suits,
   18  actions or proceedings of any form or nature in law, equity or otherwise
   19  by any city or other municipality against the port  authority  upon,  in
   20  connection with or arising out of any such agreement, agreements, or any
   21  modification  thereof  or supplement thereto, for the following types of
   22  relief and for such purposes only:
   23    (a) For money damages for breach thereof,
   24    (b) For money damages for torts arising out of the  operation  of  the
   25  municipal air terminal,
   26    (c) For rent,
   27    (d) For specific performance,
   28    (e) For reformation thereof,
   29    (f) For accounting,
   30    (g) For declaratory judgment,
   31    (h) For judgments, orders or decrees restraining or enjoining the port
   32  authority  from  transferring title to real property to third persons in
   33  cases where it has contracted with such city or  other  municipality  to
   34  transfer such title to such city or municipality, and
   35    (i) For judgments, orders or decrees restraining or enjoining the port
   36  authority from committing or continuing to commit other breaches of such
   37  agreements with such municipality, provided that such judgment, order or
   38  decree  shall  not be entered except upon two days' prior written notice
   39  to the port  authority  of  the  proposed  entry  thereof  and  provided
   40  further, that upon an appeal taken by the port authority from such judg-
   41  ment,  order or decree the service of the notice of appeal shall perfect
   42  the appeal and shall stay the  execution  of  such  judgment,  order  or
   43  decree appealed from, without an undertaking or other security.
   44    4.  When  rules  of  venue are applicable, the venue of any such suit,
   45  action or proceeding shall be laid in the county or judicial district in
   46  which the air terminal, which is the subject matter  of  such  agreement
   47  between  the  port  authority and the city or other municipality, or any
   48  part thereof, is located.
   49    5. If any clause, sentence, paragraph, or part of this subdivision, or
   50  the application thereof to any person or circumstances, shall,  for  any
   51  reason,  be adjudged by a court of competent jurisdiction to be invalid,
   52  such judgment shall not affect, impair, or invalidate the  remainder  of
   53  this  subdivision,  and  the  application thereof to any other person or
   54  circumstances, but shall be confined in its  operation  to  the  clause,
   55  sentence, paragraph, or part thereof directly involved in the controver-
       S. 3353                            105
    1  sy  in which such judgment shall have been rendered and to the person or
    2  circumstances involved.
    3    S  1309.  Acquisition limitations.   The powers hereinafter granted to
    4  the port authority to acquire real property by condemnation or the right
    5  of eminent domain shall be subject  to  the  limitations  set  forth  in
    6  section  thirteen hundred two of this article, and also to the following
    7  further limitations:
    8    1. Unless and until the state of New York otherwise provides  by  law,
    9  the port authority shall not have power to acquire real property in that
   10  state  for air terminal purposes by condemnation or the right of eminent
   11  domain except for  the  purpose  of  making  additions,  extensions  and
   12  improvements  to  the  three  air terminals in New York city known as La
   13  Guardia airport, John F. Kennedy international airport  (formerly  known
   14  as  Idlewild  airport),  and  Floyd  Bennett airport, for the purpose of
   15  acquiring air rights or  preventing  or  removing  actual  or  potential
   16  hazards  to air navigation within three miles of the runways at said air
   17  terminals as such runways may  now  or  hereafter  exist,  and  for  the
   18  purpose  of  establishing  or  maintaining beacons and other aids to air
   19  navigation in connection with said three air terminals, whether  or  not
   20  within  three  miles  of said runways. The port authority shall not have
   21  power to acquire by condemnation or the right  of  eminent  domain  real
   22  property in or under the waters of Jamaica Bay for the purpose of adding
   23  to,  expanding, extending or constructing runway extensions, or incorpo-
   24  rating such lands into the  airport  operation;  however,  this  section
   25  shall  not  prohibit  the  port  authority from acquiring such lands for
   26  installing flight control and safety equipment to service  its  existing
   27  runways,  nor  from  installing  anti-pollution devices and equipment in
   28  accordance with its anti-pollution program adopted for the air terminals
   29  in New York city known as John F. Kennedy international airport or Floyd
   30  Bennett airport.
   31    2. Unless and until the state of New Jersey otherwise provides by law,
   32  the port authority shall not have the power to acquire real property  in
   33  the state of New Jersey for air terminal purposes by condemnation or the
   34  right  of  eminent  domain  except  for the purpose of making additions,
   35  extensions and improvements to the air terminal known as Newark  airport
   36  (including additions, extensions and improvements thereto located in the
   37  city  of Elizabeth), for the purpose of acquiring air rights or prevent-
   38  ing or removing actual or potential hazards  to  air  navigation  within
   39  three  miles of the runways at said air terminal as such runways may now
   40  or hereafter exist, and for the purpose of establishing  or  maintaining
   41  beacons  and  other  aids  to air navigation in connection with said air
   42  terminal, whether or not within three miles of said runways.
   43    3. Unless otherwise provided by law by the state in  which  such  real
   44  property  is located, the port authority shall not have power to acquire
   45  for air terminal purposes by condemnation, acquisition pursuant  to  the
   46  provisions  of the eminent domain procedure law, or the right of eminent
   47  domain subsequent to June thirtieth,  nineteen  hundred  fifty-two,  any
   48  real  property taken for and actually devoted to a public use, provided,
   49  that this limitation shall not apply to real property a  proceeding  for
   50  the acquisition of which was initiated prior to that date.
   51    4.  The  foregoing limitations shall not be construed to limit, affect
   52  or impair the power of the port authority to acquire  real  property  at
   53  any  time  and  place for air terminal purposes by negotiation or in any
   54  other  manner  than  by  condemnation,  acquisition  pursuant   to   the
   55  provisions  of  the  eminent domain procedure law, or by the exercise of
   56  the right of eminent domain.
       S. 3353                            106
    1    5. Subject to the foregoing limitations, if the port  authority  shall
    2  find  it  necessary  or  convenient to acquire any real property for air
    3  terminal purposes, whether for immediate or future use, the port author-
    4  ity may find and determine that such  property,  whether  a  fee  simple
    5  absolute  or  a  lesser interest, is required for a public use, and upon
    6  such determination the said property shall be and shall be deemed to  be
    7  required  for  such  public  use  until otherwise determined by the port
    8  authority, and such determination shall not be affected by the fact that
    9  such property has theretofore been taken for and is then  devoted  to  a
   10  public use;  but the public use in the hands or under the control of the
   11  port  authority  shall be deemed superior to the public use in the hands
   12  of any other person, association or corporation  except  a  municipality
   13  within  or without the port district. The port authority may acquire and
   14  is hereby authorized to acquire such  property,  whether  a  fee  simple
   15  absolute  or  a  lesser  estate, by the exercise of the right of eminent
   16  domain under and pursuant to the eminent domain  procedure  law  of  the
   17  state  of  New  York, in the case of property located in such state, and
   18  revised statutes of New Jersey, Title 20:1-1 et seq.,  in  the  case  of
   19  property  situated in such state, or at the option of the port authority
   20  pursuant to such other and alternate procedure in each state as  may  be
   21  provided  by law by such state. The port authority shall have such power
   22  of eminent domain not only in respect to real  property  located  within
   23  the  Port  of New York District but also as to any real property located
   24  outside of the port district which is necessary, incidental  or  conven-
   25  ient  for  the  effectuation,  establishment, acquisition, construction,
   26  rehabilitation or improvement, and  maintenance  and  operation  of  air
   27  terminals  within  the  port district. Nothing herein contained shall be
   28  construed to prevent the port authority from bringing any proceedings to
   29  remove a cloud on title or such other proceedings  as  it  may,  in  its
   30  discretion, deem proper and necessary, or acquiring any such property by
   31  negotiation or purchase.
   32    S 1310. Federal aid.  The port authority may make application directly
   33  to  the proper federal officials or agencies for federal loans or grants
   34  in aid of air terminals owned or  operated  by  it;  provided,  that  if
   35  either  state shall have or adopt general legislation governing applica-
   36  tions for federal aid for air terminals by municipalities of such state,
   37  or the receipt or disbursement of such federal aid by or  on  behalf  of
   38  such  municipalities,  then such legislation shall at the option of such
   39  state apply to applications by the port authority for  federal  aid  for
   40  air  terminals located in such state and to the receipt and disbursement
   41  of such federal aid by or on behalf of the port authority, in  the  same
   42  manner  and  to  the  same extent as other municipalities of such state.
   43  Except as above provided, no agency or commission of either state  shall
   44  have  jurisdiction  over any air terminals under the control of the port
   45  authority, and all details of financing, construction, leasing, charges,
   46  rates, tolls, contracts and the operation  of  air  terminals  owned  or
   47  controlled by the port authority shall be within its sole discretion and
   48  its  decision in connection with any and all matters concerning such air
   49  terminals shall be controlling and conclusive. The  local  laws,  resol-
   50  utions, ordinances, rules and regulations of a municipality within which
   51  an  air  terminal  is  situated  shall apply to such air terminal, if so
   52  provided in any agreement between the port authority  and  such  munici-
   53  pality, and to the extent provided in such agreement.
   54    S 1311. Lands under water.  In the event that the port authority shall
   55  find it necessary or desirable to acquire any unappropriated state lands
   56  or lands under water in the state of New York for air terminal purposes,
       S. 3353                            107
    1  the  commissioner  of general services of that state may grant, transfer
    2  or convey such unappropriated state lands or lands under  water  to  the
    3  port  authority  upon such consideration, terms and conditions as may be
    4  determined  by  said commissioner, except that no lands under the waters
    5  of Jamaica Bay may be granted,  transferred  or  conveyed  to  the  port
    6  authority  for  air  terminal  purposes  by  said commissioner except as
    7  provided in paragraph one of section thirteen hundred nine of this arti-
    8  cle.
    9    In the event that the port authority shall find it necessary or desir-
   10  able to acquire any lands under water in the state of New Jersey for air
   11  terminal purposes, the division  of  navigation  of  the  department  of
   12  conservation  of  that  state  may  grant, transfer or convey such lands
   13  under water to the port authority in accordance  with  the  statutes  of
   14  that state governing the making of riparian grants and leases, upon such
   15  terms and conditions as may be determined by said division.
   16    In the event that the port authority shall find it necessary or desir-
   17  able  to  acquire  any  real property required or used for state highway
   18  purposes in the state of New Jersey, the state highway department of the
   19  state of New Jersey may grant, transfer or convey such real property  to
   20  the  port  authority upon such terms and conditions as may be determined
   21  by said state highway department.
   22    S 1312. Repayment of bonds and obligations.  The two  states  covenant
   23  and  agree with each other and with the holders of any bonds of the port
   24  authority issued or incurred for air terminal purposes and  as  security
   25  for  which  there  may  or  shall be pledged (directly or indirectly, or
   26  through the medium of its general reserve fund or otherwise), the reven-
   27  ues, or any part thereof, of any air terminal or other facility owned or
   28  operated by the port authority, that the two states will not, so long as
   29  any of such bonds or other obligations remain  outstanding  and  unpaid,
   30  diminish  or  impair  the power of the port authority to establish, levy
   31  and collect landing  fees,  charges,  rents,  tolls  or  other  fees  in
   32  connection therewith.
   33    S  1313. Contrary declarations.  Any declarations contained herein and
   34  in the concurrent act of the state of New Jersey  with  respect  to  the
   35  governmental  nature of air terminals and to the exemption of air termi-
   36  nal property from taxation and to the discretion of the  port  authority
   37  with  respect to air terminal operations shall not be construed to imply
   38  that other port authority property and operations are not of  a  govern-
   39  mental  nature, or that they are subject to taxation, or that the deter-
   40  minations of the port authority with respect thereto are not conclusive.
   41    S 1314. Agreement between the states.  This section and the  preceding
   42  sections  of  this article constitute an agreement between the states of
   43  New York and New Jersey supplementary to the  compact  between  the  two
   44  states dated April thirtieth, nineteen hundred twenty-one, and amendato-
   45  ry  thereof,  and  continued  by article I of this chapter, and shall be
   46  liberally construed to effectuate the purposes of said  compact  and  of
   47  the  comprehensive  plan  heretofore  adopted by the two states, and the
   48  powers vested in the port authority hereby shall be construed to  be  in
   49  aid  of and supplemental to and not in limitation of or in derogation of
   50  any of the powers heretofore conferred upon or  delegated  to  the  port
   51  authority.
   52    S  1315.  Federal  aid procedure; application.   The state of New York
   53  hereby elects to exercise the option reserved to each state  by  section
   54  thirteen  hundred  ten of this article (and by the corresponding section
   55  of the New Jersey statute concurring herein);   and accordingly,  if  by
   56  the  effective  date  of chapter 802 of the laws of 1947, this state has
       S. 3353                            108
    1  adopted, or if thereafter it shall adopt general  legislation  governing
    2  applications for federal aid for air terminals by municipalities of this
    3  state or the receipt or disbursement of such federal aid by or on behalf
    4  of  such municipalities, such legislation shall apply to applications by
    5  the port authority for federal aid for air  terminals  located  in  this
    6  state  in the same manner and to the same extent as other municipalities
    7  of this state, provided, that if such  legislation  shall  require  such
    8  applications  for  federal  aid  to  be  approved by any officer, board,
    9  commission, department or other agency of this state  or  shall  require
   10  the  consent  of any such agency of this state to the submission thereof
   11  to the federal government, or shall require  any  such  agency  of  this
   12  state  to  be  designated by municipalities as their agent to collect or
   13  disburse such federal aid, or shall contain any other requirement  vest-
   14  ing  any such agency of this state with power or discretion with respect
   15  to the making of such applications for federal aid  or  the  receipt  or
   16  disbursement  thereof,  then such officer, board, commission, department
   17  or other agency of this state shall have power to waive such requirement
   18  in whole or in part temporarily  or  permanently  insofar  as  the  port
   19  authority is concerned.
   20                                 ARTICLE XIV
   21                               EMINENT DOMAIN
   22  Section 1401. Right of eminent domain.
   23    S  1401.  Right  of  eminent  domain.   The powers granted to the port
   24  authority by this article shall be deemed to be in aid  of  and  supple-
   25  mental  to  and  not in limitation or derogation of the powers otherwise
   26  conferred upon it;  and nothing herein contained shall be  construed  to
   27  prevent  the  port authority from exercising the right of eminent domain
   28  under and pursuant to the eminent domain procedure law of the  state  of
   29  New  York,  or any other applicable law of this state, in any case where
   30  it is authorized so to do.
   31                                 ARTICLE XV
   32                      SUITS AGAINST THE PORT AUTHORITY
   33  Section 1501. Suits against the port authority.
   34          1502. Prior causes of action.
   35          1503. Contract causes of action.
   36          1504. Civil suits; statutory penalties.
   37          1505. Further restrictions.
   38          1506. Venue.
   39          1507. Statute of limitations.
   40          1508. Notice of claim.
   41          1509. Limits of liability.
   42          1510. Other suits, actions or proceedings.
   43          1511. Agreement between the states.
   44    S 1501.  Suits against the port authority.   Upon the  concurrence  of
   45  the  state  of New Jersey, the states of New York and New Jersey consent
   46  to suits, actions or proceedings of any form or nature at law, in equity
   47  or otherwise (including proceedings to enforce  arbitration  agreements)
   48  against  the port authority, and to appeals therefrom and reviews there-
   49  of, except as hereinafter  provided  in  sections  fifteen  hundred  two
   50  through fifteen hundred five of this article, inclusive.
   51    S 1502. Prior causes of action.  The foregoing consent does not extend
   52  to  suits,  actions  or proceedings upon any causes of action whatsoever
       S. 3353                            109
    1  accruing before the effective date of chapter 301 of the laws  of  1950,
    2  other than causes of actions upon, in connection with, or arising out of
    3  notes,  bonds  or other obligations or securities secured by a pledge of
    4  the general reserve fund of the port authority.
    5    S  1503.  Contract  causes of action.   The foregoing consent does not
    6  extend to suits, actions or proceedings upon any causes of action  what-
    7  soever,  upon,  in  connection  with,  or  arising  out of any contract,
    8  express or implied, entered into or assumed by or assigned to  the  port
    9  authority  before  the  effective  date  of  this article (including any
   10  supplement to, or amendment, extension or renewal of any such  contract,
   11  even  if  such supplement, amendment, extension or renewal is made on or
   12  after the effective date of chapter 301 of the laws of 1950), regardless
   13  of whether such cause of action accrued before or after that date, other
   14  than causes of action upon, in connection with or arising out of  notes,
   15  bonds  or  other  obligations  or  securities secured by a pledge of the
   16  general reserve fund of the port authority.
   17    S 1504. Civil suits; statutory penalties.  The foregoing consent  does
   18  not  extend  to  civil suits, actions or proceedings for the recovery of
   19  statutory penalties.
   20    S 1505. Further restrictions.  The foregoing consent does  not  extend
   21  to  suits,  actions  or  proceedings  for  judgments,  orders or decrees
   22  restraining, enjoining or preventing the port authority from  committing
   23  or  continuing  to  commit any act or acts, other than suits, actions or
   24  proceedings by the attorney general of  New  York  or  by  the  attorney
   25  general  of  New Jersey--each of whom is hereby authorized to bring such
   26  suits, actions or proceedings in his discretion on behalf of any  person
   27  or  persons  whatsoever  who  requests  him so to do except in the cases
   28  excluded by sections fifteen hundred  two,  fifteen  hundred  three  and
   29  fifteen  hundred  four of this article; provided, that in any such suit,
   30  action or proceeding, no judgment, order  or  decree  shall  be  entered
   31  except upon at least two days' prior written notice to the port authori-
   32  ty of the proposed entry thereof.
   33    S  1506.  Venue.   The foregoing consent is granted upon the condition
   34  that venue in any suit, action or proceeding against the port  authority
   35  shall be laid within a county or a judicial district, established by one
   36  of said states or by the United States, and situated wholly or partially
   37  within the port of New York district. The port authority shall be deemed
   38  to  be  a  resident  of  each  such  county or judicial district for the
   39  purpose of such suits, actions or proceedings. Although the port author-
   40  ity is engaged in the performance of governmental  functions,  the  said
   41  two  states  consent  to  liability on the part of the port authority in
   42  such suits, actions or proceedings for tortious acts committed by it and
   43  its agents to the same extent as though it were a private corporation.
   44    S 1507. Statute of limitations.  The foregoing consent is granted upon
   45  the condition that any suit, action or proceeding  prosecuted  or  main-
   46  tained  under  this article shall be commenced within one year after the
   47  cause of action therefor shall have accrued, and upon the further condi-
   48  tion that in the case of any suit, action or proceeding for the recovery
   49  or payment of money, prosecuted or maintained under this act,  a  notice
   50  of  claim shall have been served upon the port authority by or on behalf
   51  of the plaintiff or plaintiffs at least sixty  days  before  such  suit,
   52  action  or proceeding is commenced. The provisions of this section shall
   53  not apply to claims arising out of provisions of any  workmen's  compen-
   54  sation law of either state.
   55    S  1508.  Notice  of  claim.   The notice of claim required by section
   56  seven hereof shall be in writing, sworn to by or on behalf of the claim-
       S. 3353                            110
    1  ant or claimants, and shall set forth  (1)  the  name  and  post  office
    2  address  of each claimant and of his attorney, if any, (2) the nature of
    3  the claim, (3) the time when, the place where and the  manner  in  which
    4  the claim arose, and (4) the items of damage or injuries claimed to have
    5  been  sustained so far as then practicable. Such notice may be served in
    6  the manner in which process may be served, or in lieu  thereof,  may  be
    7  sent  by  registered mail to the port authority at its principal office.
    8  Where the claimant is a person under the age of  eighteen  years  or  is
    9  mentally or physically incapacitated and by reason of such disability no
   10  notice  of claim is filed or suit, action or proceeding commenced within
   11  the time specified in section fifteen hundred seven of this article,  or
   12  where  a person entitled to make a claim dies and by reason of his death
   13  no notice of claim is filed or  suit,  action  or  proceeding  commenced
   14  within  the  time  specified  in  section seven hereof then any court in
   15  which such suit,  action  or  proceeding  may  be  brought  may  in  its
   16  discretion  grant leave to serve the notice of claim and to commence the
   17  suit, action or proceeding within a reasonable time  but  in  any  event
   18  within  three  years  after the cause of action accrued. Application for
   19  such leave must be made upon an affidavit showing the  particular  facts
   20  which  caused  the  delay  and  shall  be  accompanied  by a copy of the
   21  proposed notice of claim if such notice has not been  served,  and  such
   22  application shall be made only upon notice to the port authority.
   23    S 1509. Limits of liability.  The commissioners, officers or employees
   24  of  the  port  authority  shall  not  be  subject  to  suits, actions or
   25  proceedings for judgments, orders or decrees restraining, preventing  or
   26  enjoining  them in their official or personal capacities from committing
   27  or continuing to commit any act or acts on behalf of the port  authority
   28  other than suits, actions and proceedings brought by the attorney gener-
   29  al  of  New York or by the attorney general of New Jersey or by the port
   30  authority itself--each of said attorneys general being hereby authorized
   31  to bring such suits, actions or proceedings in his discretion on  behalf
   32  of  any person or persons whatsoever who requests him so to do except in
   33  the cases excluded by sections  fifteen  hundred  two,  fifteen  hundred
   34  three  and  fifteen  hundred four of this article; provided, that in any
   35  such suit, action or proceeding brought by either attorney  general,  no
   36  judgment,  order  or  decree  shall  be entered except upon at least two
   37  days' notice to the defendant of the proposed entry thereof.
   38    S 1510. Other suits, actions or proceedings.  Nothing herein shall  be
   39  deemed  to  revoke,  rescind or affect any consents to suits, actions or
   40  proceedings against the port authority heretofore given by the two  said
   41  states  in chapter eight hundred two of the laws of New York of nineteen
   42  hundred forty-seven, as amended, and continued by article XIII  of  this
   43  chapter,  and  chapter forty-three of the laws of New Jersey of nineteen
   44  hundred forty-seven, as amended; chapter six hundred thirty-one  of  the
   45  laws  of  New  York  of  nineteen  hundred  forty-seven, as amended, and
   46  continued by article XII of this chapter; chapter forty-four of the laws
   47  of New Jersey of nineteen hundred forty-seven, as amended,  and  chapter
   48  five  hundred  thirty-four  of  the laws of New York of nineteen hundred
   49  forty-eight, and continued by article XII of this chapter,  and  chapter
   50  ninety-seven of the laws of New Jersey of nineteen hundred forty-eight.
   51    S  1511. Agreement between the states.  This article together with the
   52  act of the state of New Jersey concurring herein,  shall  constitute  an
   53  agreement between the states of New York and New Jersey supplementary to
   54  and  amendatory  of  the compact between the two said states dated April
   55  thirtieth, nineteen hundred twenty-one and continued  by  article  I  of
   56  this chapter.
       S. 3353                            111
    1                                 ARTICLE XVI
    2                 TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS
    3  Section 1601. Governing authority.
    4          1602. Tolls; other charges.
    5          1603. Operation restrictions.
    6          1604. Port authority police force.
    7          1605. Driving procedure.
    8          1606. Operation requirements.
    9          1607. Accident protocol.
   10          1608. Transport restrictions.
   11          1609. Violations.
   12          1610. Definitions.
   13          1611. Severability.
   14          1612. Repeal of previous rules and regulations.
   15          1613. Agreement between the states.
   16          1614. Compliance with state law.
   17          1615. Felonies.
   18          1616. Misdemeanors.
   19          1616-a. Owner  liability  for failure of operator to comply with
   20                    toll collection regulations of the port authority.
   21          1616-b. Imposition of  liability  for  failure  of  operator  to
   22                    comply  with  toll  collection regulations of the port
   23                    authority.
   24          1616-c. Adjudication of liability.
   25    S 1601. Governing authority.  To the end that the interstate vehicular
   26  crossings operated by the port authority, pursuant  to  the  compact  of
   27  April  thirtieth,  nineteen hundred twenty-one between the states of New
   28  York and New Jersey creating the port authority, may be efficiently  and
   29  safely  operated in the interest of the people of the states of New York
   30  and New Jersey and of the nation, the following  rules  and  regulations
   31  governing traffic on vehicular crossings operated by the port authority,
   32  set  forth in sections sixteen hundred two through sixteen hundred eight
   33  of this article, are hereby adopted  by  the  legislatures  of  the  two
   34  states, and are declared to be binding upon all persons and corporations
   35  affected thereby.
   36    S  1602.  Tolls;  other charges.   No traffic shall be permitted in or
   37  upon vehicular crossings except upon the payment of such tolls and other
   38  charges as may from time to time be prescribed by the port authority. It
   39  is hereby declared to be unlawful for any person to refuse to pay, or to
   40  evade or to attempt to evade the payment of such tolls or other charges.
   41    S 1603. Operation restrictions.  No vehicle shall  be  operated  care-
   42  lessly  or  negligently,  or  in  disregard  of  the rights or safety of
   43  others, or without due caution and circumspection, or at a speed or in a
   44  manner so as to endanger unreasonably or to be likely to endanger unrea-
   45  sonably persons or property, or while the operator thereof is under  the
   46  influence of intoxicating liquors or any narcotic or habit-forming drug,
   47  nor shall any vehicle be so constructed, equipped or loaded as to endan-
   48  ger  unreasonably  or  to  be likely to endanger unreasonably persons or
   49  property.
   50    S 1604. Port authority police force.  All persons in or upon vehicular
   51  crossings must at all times comply with  any  lawful  order,  signal  or
   52  direction  by  voice  or hand of any member of the port authority police
   53  force. When traffic is controlled by traffic lights, signs or by mechan-
   54  ical or electrical signals, such lights,  signs  and  signals  shall  be
   55  obeyed unless a port authority police officer directs otherwise.
       S. 3353                            112
    1    S  1605. Driving procedure.  Unless otherwise directed, vehicles shall
    2  at all times stay to the right of the center of all roadways  except  in
    3  the case of one-way roadways; slow-moving vehicles shall remain as close
    4  as  possible  to the right-hand edge or curb of the roadway; and where a
    5  roadway is marked with traffic lanes vehicles shall not cross markings.
    6    S 1606. Operation requirements.  No person shall operate a motor vehi-
    7  cle  in  or  upon  any  part  of  a vehicular crossing unless he is duly
    8  authorized to operate motor vehicles in the state in which such part  of
    9  the  vehicular  crossing is located. No motor vehicle shall be permitted
   10  in or upon any part of a vehicular crossing which is not  registered  in
   11  accordance  with  the  provisions  of the law of the state in which such
   12  part of the vehicular crossing is located.
   13    S 1607. Accident protocol.  The operator of any vehicle involved in an
   14  accident resulting in injury or death to any person  or  damage  to  any
   15  property  shall  immediately stop such vehicle at the scene of the acci-
   16  dent, render such assistance as  may  be  needed,  and  give  his  name,
   17  address,  and  operator's  license and registration number to the person
   18  injured or to any officer or witness of the injury. The operator of such
   19  vehicle shall make a report of such accident in accordance with the  law
   20  of the state in which such accident occurred.
   21    S  1608. Transport restrictions.  No person shall transport in or upon
   22  a vehicular crossing, any dynamite, nitroglycerin, black  powder,  fire-
   23  works,  blasting  caps  or  other  explosives, gasoline, alcohol, ether,
   24  liquid shellac, kerosene, turpentine, formaldehyde or other  inflammable
   25  or  combustible  liquids,  ammonium  nitrate, sodium chlorate, wet hemp,
   26  powdered metallic magnesium, nitro-cellulose film,  peroxides  or  other
   27  readily  inflammable  solids  or oxidizing materials, hydrochloric acid,
   28  sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
   29  ic, carbolic acid, potassium cyanide, tear gas, lewisite  or  any  other
   30  poisonous  substances,  liquids  or gases, or any compressed gas, or any
   31  radio-active article, substance or material, at such time or place or in
   32  such manner or condition as to endanger unreasonably or as to be  likely
   33  to endanger unreasonably persons or property.
   34    S 1609. Violations.  Violations of the rules and regulations set forth
   35  in  sections  sixteen  hundred two through sixteen hundred eight of this
   36  article committed within the territorial limits of either state shall be
   37  punishable as may be provided by the laws of such state but  the  penal-
   38  ties  prescribed  by  either state shall not preclude the port authority
   39  from excluding from vehicular crossings permanently or for  a  specified
   40  time,  all  vehicles violating any of the said rules and regulations, as
   41  well as other vehicles owned or operated by the  owner  or  operator  of
   42  such vehicle.
   43    S  1610.  Definitions.   The following terms as used herein shall have
   44  the indicated meanings:
   45    1. "Traffic" shall include pedestrians, ridden animals, herded animals
   46  and vehicles whether moved by human power or otherwise.
   47    2. "Vehicular crossings" shall include not only  bridges  and  tunnels
   48  operated  by  the  port authority, but also their plazas and approaches,
   49  but shall not include any lands granted by the  port  authority  to  the
   50  states  of  New  York  or  New Jersey or to a municipality for street or
   51  highway purposes even though such street or highway constitutes a  means
   52  of access to or egress from such vehicular crossing.
   53    S  1611. Severability.  If any term or provision of this article shall
   54  be declared unconstitutional or ineffective in whole or  in  part  by  a
   55  court  of  competent  jurisdiction,  then  to  the extent that it is not
   56  unconstitutional or  ineffective,  such  term  or  provisions  shall  be
       S. 3353                            113
    1  enforced  and  effectuated,  nor  shall  such determination be deemed to
    2  invalidate the remaining terms or provisions thereof.
    3    S 1612. Repeal of previous rules and regulations.  The two said states
    4  agree  that  chapter  two  hundred  fifty-one of the laws of New York of
    5  nineteen hundred thirty-four, entitled "An act  establishing  rules  and
    6  regulations  for  the  control  of traffic on the interstate bridges and
    7  tunnels operated by the Port  of  New  York  Authority  and  prescribing
    8  proceedings and penalties for their violations", and chapter one hundred
    9  forty-six  of  the pamphlet laws of New Jersey, nineteen hundred thirty-
   10  two, entitled "An act establishing rules and regulations for the control
   11  of traffic on the inter-state bridges and tunnels operated by  the  Port
   12  of  New  York  Authority  and  prescribing proceedings and penalties for
   13  their violations", shall be and are repealed as of the date this article
   14  takes effect.
   15    S 1613. Agreement between the states.  This section and the  preceding
   16  sections  of  this  article, together with the corresponding sections of
   17  the act of the state of New Jersey concurring herein,  shall  constitute
   18  an agreement between the states of New York and New Jersey supplementary
   19  to  the  compact  between the two states dated April thirtieth, nineteen
   20  hundred twenty-one, and  amendatory  thereof,  and  shall  be  liberally
   21  construed  to  effectuate the purposes of said compact and of the agree-
   22  ments of the two states amendatory thereof or supplemental thereto;  and
   23  shall  be construed to be in aid of and supplemental to and not in limi-
   24  tation of or in derogation of the powers heretofore  conferred  upon  or
   25  delegated to the port authority.
   26    S  1614. Compliance with state law.  If the violation within the state
   27  of any of the rules  and  regulations  set  forth  in  sections  sixteen
   28  hundred  two through sixteen hundred eight of this article including but
   29  not limited to those regarding the payment of tolls, would have  been  a
   30  felony,  misdemeanor  or  other  punishable  offense if committed on any
   31  public road, street, highway or turnpike in the  municipality  in  which
   32  such  violation  occurred,  it  shall  be tried and punished in the same
   33  manner as if it had been committed on such public road, street,  highway
   34  or turnpike.
   35    S  1615. Felonies.   Notwithstanding the provisions of section sixteen
   36  hundred fourteen of this article, if the violation within the  state  of
   37  the  rule  and  regulation set forth in section sixteen hundred eight of
   38  this article shall result in injury or death to a person or  persons  or
   39  damage to property in excess of the value of five thousand dollars, such
   40  violation shall constitute a felony.
   41    S  1616. Misdemeanors.  Except as provided in sections sixteen hundred
   42  fourteen and sixteen hundred fifteen  of  this  article,  any  violation
   43  within  the  state  of  any  of  the  rules and regulations set forth in
   44  sections sixteen hundred two through sixteen hundred eight of this arti-
   45  cle including but not limited to those regarding the payment  of  tolls,
   46  shall  constitute  a  misdemeanor  and shall be punishable as an offense
   47  triable in a magistrate's court by a fine  not  exceeding  five  hundred
   48  dollars or by imprisonment not exceeding sixty days or by both such fine
   49  and imprisonment.
   50    S  1616-a. Owner liability for failure of operator to comply with toll
   51  collection regulations of the port authority. Notwithstanding any  other
   52  provision  of  law  and  in  accordance  with  the provisions of section
   53  sixteen hundred sixteen-b of this article, an owner of a vehicle may  be
   54  held  liable  for failure of an operator thereof to comply with the toll
   55  collection regulations of the port authority of New York and New  Jersey
   56  (hereinafter  called  port  authority).  The owner of a vehicle shall be
       S. 3353                            114
    1  liable pursuant to this section if such vehicle  was  used  or  operated
    2  with  the  permission  of the owner, express or implied, in violation of
    3  the  toll  collection  regulations  of  the  port  authority,  and  such
    4  violation  is  evidenced by information obtained from a photo-monitoring
    5  system, provided, however, that no owner of a vehicle  shall  be  liable
    6  where  the operator of such vehicle has been convicted of a violation of
    7  those toll collection regulations for the same incident.
    8    S 1616-b. Imposition of liability for failure of  operator  to  comply
    9  with  toll  collection  regulations of the port authority. The liability
   10  set forth in section sixteen hundred sixteen-a of this article, shall be
   11  imposed upon an owner for  a  violation  by  an  operator  of  the  toll
   12  collection regulations of the port authority occurring within the terri-
   13  torial limits of the state of New York in accordance with the following:
   14    1.  For  the purposes of this section, the term "owner" shall mean any
   15  person, corporation, partnership, firm, agency, association, lessor,  or
   16  organization  who,  at  the time of the violation in any city in which a
   17  vehicle is operated: (a) is the beneficial or equitable  owner  of  such
   18  vehicle;  or  (b) has title to such vehicle; or (c) is the registrant or
   19  co-registrant of such vehicle which is registered with the department of
   20  motor vehicles of this state or any other  state,  territory,  district,
   21  province,  nation  or  other jurisdiction; or (d) subject to the limita-
   22  tions set forth in subdivision six of this section, uses such vehicle in
   23  its vehicle renting and/or leasing business; and includes (e)  a  person
   24  entitled  to  the  use and possession of a vehicle subject to a security
   25  interest in another person. For the purposes of this section,  the  term
   26  "operator"  shall mean any person, corporation, firm, partnership, agen-
   27  cy, association, organization or lessee that uses or operates a  vehicle
   28  with  or  without the permission of the owner, and an owner who operates
   29  his or her own vehicle. For purposes of this section, the  term  "photo-
   30  monitoring  system"  shall  mean  a  vehicle sensor installed to work in
   31  conjunction with a toll collection facility which automatically produces
   32  one or more photographs, one or more microphotographs,  a  videotape  or
   33  other recorded images of each vehicle at the time it is used or operated
   34  in  violation  of the toll collection regulations of the port authority.
   35  For purposes of this section, the term "toll collection  regulations  of
   36  the  port  authority"  shall refer to the traffic regulations for inter-
   37  state vehicular crossings operated by the port authority as set forth in
   38  this article and in chapter one hundred ninety-two of the  laws  of  New
   39  Jersey  of  nineteen hundred fifty, and specifically that section of the
   40  laws which prohibits traffic in or upon vehicular crossings operated  by
   41  the  port  authority  except  upon  the  payment of such tolls and other
   42  charges as may from time to time be prescribed by the port authority and
   43  which further makes it unlawful for any person to refuse to pay,  or  to
   44  evade or to attempt to evade the payment of such tolls or other charges.
   45  For purposes of this section, the term "vehicle" shall mean every device
   46  in,  upon,  or by which a person or property is or may be transported or
   47  drawn upon a highway, except devices used  exclusively  upon  stationary
   48  rails or tracks.
   49    2. A certificate, sworn to or affirmed by an agent of the port author-
   50  ity,  or  a  facsimile  thereof,  based  upon inspection of photographs,
   51  microphotographs, videotape or  other  recorded  images  produced  by  a
   52  photo-monitoring  system  shall  be  prima  facie  evidence of the facts
   53  contained therein and shall be admissible in any proceeding  charging  a
   54  violation of toll collection regulations of the port authority, provided
   55  that  any  photographs,  microphotographs,  videotape  or other recorded
   56  images evidencing such a violation shall be available for inspection and
       S. 3353                            115
    1  admission into evidence in any proceeding to  adjudicate  the  liability
    2  for such violation.
    3    3.  An imposition of liability pursuant to this section shall be based
    4  upon a preponderance of evidence as submitted. An imposition of  liabil-
    5  ity  pursuant  to  this  section  shall not be deemed a conviction of an
    6  operator and shall not be made  part  of  the  motor  vehicle  operating
    7  record,  furnished  pursuant  to section three hundred fifty-four of the
    8  vehicle and traffic law, of the  person  upon  whom  such  liability  is
    9  imposed  nor shall it be used for insurance purposes in the provision of
   10  motor vehicle insurance coverage.
   11    4. (a) A notice of liability shall be sent by first class mail to each
   12  person alleged to be liable as an owner for a violation pursuant to this
   13  section of the toll collection regulations of the port  authority.  Such
   14  notice  shall  be  mailed  no  later  than thirty days after the alleged
   15  violation. Personal delivery on the owner shall not be required. A manu-
   16  al or automatic record of mailing prepared in  the  ordinary  course  of
   17  business shall be prima facie evidence of the mailing of the notice.
   18    (b)  A  notice  of liability shall contain the name and address of the
   19  person alleged to be liable as an owner for  a  violation  of  the  toll
   20  collection  regulations  of the port authority pursuant to this section,
   21  the registration number of the vehicle involved in such  violation,  the
   22  location  where  such  violation  took  place, the date and time of such
   23  violation and the identification number of the  photo-monitoring  system
   24  which recorded the violation or other document locator number.
   25    (c)  The  notice  of  liability shall contain information advising the
   26  person charged of the manner and the time in which he  may  contest  the
   27  liability  alleged  in  the  notice. Such notice of liability shall also
   28  contain a warning to advise the persons charged that failure to  contest
   29  in  the manner and time provided shall be deemed an admission of liabil-
   30  ity and that a default judgment may be entered thereon.
   31    (d) The notice of liability shall be prepared and mailed by  the  port
   32  authority or its duly authorized agent.
   33    5. If an owner receives a notice of liability pursuant to this section
   34  for  any time period during which the vehicle was reported to the police
   35  department as having been stolen, it shall be  a  valid  defense  to  an
   36  allegation  of  liability  for  a violation of the toll collection regu-
   37  lations of the port authority that the vehicle had been reported to  the
   38  police  as  stolen  prior to the time the violation occurred and had not
   39  been recovered by such time. If an owner receives a notice of  liability
   40  pursuant  to  this  section for any time period during which the vehicle
   41  was stolen, but not as yet reported to the police as having been stolen,
   42  it shall be a  valid  defense  to  an  allegation  of  liability  for  a
   43  violation  of toll collection regulations of the port authority pursuant
   44  to this section that the vehicle was reported as stolen within two hours
   45  after discovery of the theft by the owner. For purposes of asserting the
   46  defense provided by this subdivision, it  shall  be  sufficient  that  a
   47  certified  copy  of  the  police report on the stolen vehicle be sent by
   48  first class mail to the court or other entity having jurisdiction.
   49    6. An owner, as defined in paragraph (a) of subdivision  one  of  this
   50  section, who is a lessor of a vehicle to which a notice of liability was
   51  issued  pursuant to subdivision four of this section shall not be liable
   52  pursuant to this section for the violation of the toll collection  regu-
   53  lations  of the port authority provided that he or she sends to the port
   54  authority serving the notice of liability and  to  the  court  or  other
   55  entity  having  jurisdiction  a  copy of the rental, lease or other such
   56  contract document covering such vehicle on the date  of  the  violation,
       S. 3353                            116
    1  with  the  name and address of the lessee clearly legible, within thirty
    2  days after receiving from the port  authority  or  its  duly  authorized
    3  agent the original notice of liability. Failure to send such information
    4  within  such  thirty  day time period shall render the lessor liable for
    5  the penalty prescribed by this section. Where the lessor  complies  with
    6  the  provisions  of  this subdivision, the lessee of such vehicle on the
    7  date of such violation shall be deemed to be the owner of  such  vehicle
    8  for  purposes  of this section and shall be subject to liability for the
    9  violation of toll collection regulations of the port authority  provided
   10  that  the  port authority or its duly authorized agent mails a notice of
   11  liability to the lessee within ten days after the court, or other entity
   12  having jurisdiction, deems the lessee to be the owner. For  purposes  of
   13  this  subdivision  the term "lessor" shall mean any person, corporation,
   14  firm, partnership, agency, association or organization  engaged  in  the
   15  business  of  renting  or  leasing vehicles to any lessee under a rental
   16  agreement, lease or otherwise wherein the said lessee has the  exclusive
   17  use  of  said  vehicle  for any period of time. For the purposes of this
   18  subdivision, the term "lessee" shall mean any person, corporation, firm,
   19  partnership, agency, association or organization that rents,  leases  or
   20  contracts  for  the  use  of  one or more vehicles and has exclusive use
   21  thereof for any period of time.
   22    7. Except as provided in subdivision six of this section, if a  person
   23  receives  a  notice  of liability pursuant to this section it shall be a
   24  valid defense to an allegation of liability  for  a  violation  of  toll
   25  collection  regulations  of  the  port authority that the individual who
   26  received the notice of liability pursuant to this section  was  not  the
   27  owner  of  the  vehicle at the time the violation occurred. If the owner
   28  liable for a violation of the toll collection regulations  of  the  port
   29  authority  pursuant  to this section was not the operator of the vehicle
   30  at the time of the violation, the  owner  may  maintain  an  action  for
   31  indemnification  against  the  operator. The operator of the vehicle may
   32  apply to the court or other entity having jurisdiction to adjudicate the
   33  liability imposed under this section to accept  responsibility  for  the
   34  violation  and  satisfactorily  discharge all applicable tolls, charges,
   35  and penalties related to the violation.
   36    8. "Electronic toll collection system" shall mean a system of collect-
   37  ing tolls or charges which is capable of charging an account holder  the
   38  appropriate  toll or charge by transmission of information from an elec-
   39  tronic device on a motor vehicle to the toll lane, which information  is
   40  used  to  charge the account the appropriate toll or charge. In adopting
   41  procedures for the preparation and mailing of a notice of liability, the
   42  port authority or its duly authorized agent shall  adopt  guidelines  to
   43  ensure  adequate  and  timely  notice  to all electronic toll collection
   44  system account holders to inform them when  their  accounts  are  delin-
   45  quent.  An  owner  who  is  an  account holder under the electronic toll
   46  collection system shall not be found liable  for  a  violation  of  this
   47  section  unless such authority has first sent a notice of delinquency to
   48  such account holder and the account holder was in fact delinquent at the
   49  time of the violation.
   50    9. Nothing in this section shall be construed to limit  the  liability
   51  of  an  operator  of  a vehicle for any violation of the toll collection
   52  regulations of the port authority. Nothing in this section shall author-
   53  ize or preclude the port authority from excluding from any of its facil-
   54  ities, in its sole discretion, any or all vehicles  found  liable  under
   55  this section as well as other vehicles owned or operated by the owner or
   56  operator of such vehicle.
       S. 3353                            117
    1    10.  Notwithstanding  any  other  provision  of  law, all photographs,
    2  microphotographs, videotape or other recorded images  prepared  pursuant
    3  to  this section shall be for the exclusive use of the port authority in
    4  the discharge of its duties under this section and shall not be open  to
    5  the  public nor be used in any court in any action or proceeding pending
    6  therein unless such action or proceeding relates to the imposition of or
    7  indemnification for liability pursuant to this section. The port author-
    8  ity or its duly authorized agent shall  not  sell,  distribute  or  make
    9  available  in  any  way,  the  names  and  addresses  of electronic toll
   10  collection system account holders,  or  any  information  compiled  from
   11  transactions  with  such  account holders, without such account holders'
   12  consent to any entity that will use such information for any  commercial
   13  purpose  provided  that the foregoing restriction shall not be deemed to
   14  preclude the exchange of such  information  between  any  entities  with
   15  jurisdiction  over  and or operating a toll highway bridge and/or tunnel
   16  facility.
   17    S 1616-c.  Adjudication of liability. Adjudication  of  the  liability
   18  imposed upon an owner by section sixteen hundred sixteen-a of this arti-
   19  cle  for  a  violation  of  the  toll collection regulations of the port
   20  authority occurring within the territorial limits of the  state  of  New
   21  York  shall  be in accordance with sections two hundred thirty-five, two
   22  hundred thirty-six, two hundred thirty-seven, two  hundred  thirty-nine,
   23  two  hundred forty, two hundred forty-one, five hundred ten and eighteen
   24  hundred nine of the vehicle and traffic law, or by  such  entity  having
   25  jurisdiction  over  violations of the toll collection regulations of the
   26  port authority occurring within the territorial limits of the  state  of
   27  New  York, provided that all violations shall be heard and determined in
   28  the county in which the violation is alleged to  have  occurred,  or  by
   29  consent of both parties, in any county in the state of New York in which
   30  the  port  authority  operates  or maintains a facility.  An owner found
   31  liable for a violation of toll collection regulations pursuant  to  this
   32  section  shall  for  a  first violation thereof be liable for a monetary
   33  penalty not to exceed fifty dollars or two times the toll evaded  which-
   34  ever  is  greater;  for  a second violation thereof both within eighteen
   35  months be liable for a  monetary  penalty  not  to  exceed  one  hundred
   36  dollars  or five times the toll evaded whichever is greater; for a third
   37  or subsequent violation thereof all within eighteen months be liable for
   38  a monetary penalty not to exceed one hundred fifty dollars or ten  times
   39  the toll evaded whichever is greater.
   40                                ARTICLE XVII
   41    RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY
   42                          AIR AND MARINE TERMINALS
   43  Section 1701. Definitions.
   44          1702. Vehicle operation.
   45          1703. Adherence to traffic signs and signals.
   46          1704. Requiring use of right side of roadway.
   47          1705. Authorization for operation.
   48          1706. Procedures in case of causing injury.
   49          1707. Prohibited items.
   50          1708. Parking.
   51          1709. Prosecution for violations.
   52          1710. Felony for transport of prohibited items.
   53          1711. Misdemeanor for certain violations.
   54          1712. Exclusion of vehicles in violations.
       S. 3353                            118
    1          1713. Reserve clause.
    2    S  1701.  Definitions.   The following terms as used herein shall have
    3  the indicated meanings:
    4    "Air terminals" shall mean developments operated by the port authority
    5  consisting of runways, hangars, control towers,  ramps,  wharves,  bulk-
    6  heads, buildings, structures, parking areas, improvements, facilities or
    7  other  real property necessary, convenient or desirable for the landing,
    8  taking off, accommodation  and  servicing  of  aircraft  of  all  types,
    9  including  but  not limited to airplanes, airships, dirigibles, helicop-
   10  ters, gliders, amphibians, seaplanes, or any other  contrivance  now  or
   11  hereafter used for the navigation of or flight in air or space, operated
   12  by carriers engaged in the transportation of passengers or cargo, or for
   13  the  loading,  unloading,  interchange or transfer of such passengers or
   14  their baggage, or such cargo, or otherwise for the accommodation, use or
   15  convenience of such passengers, or such carriers or their employees,  or
   16  for  the  landing,  taking  off, accommodation and servicing of aircraft
   17  owned or operated by persons other than carriers.
   18    "Air terminal highway" shall mean and include those portions of an air
   19  terminal designated and made available temporarily or permanently by the
   20  port authority to the public for general or limited highway use.
   21    "Marine terminals"  shall  mean  developments  operated  by  the  port
   22  authority  consisting  of  one or more piers, wharves, docks, bulkheads,
   23  slips, basins, vehicular roadways, railroad  connections,  side  tracks,
   24  sidings  or  other  buildings,  structures,  facilities or improvements,
   25  necessary or convenient to the  accommodation  of  steamships  or  other
   26  vessels and their cargoes or passengers.
   27    "Marine  terminal  highway" shall mean and include those portions of a
   28  marine terminal designated and made available temporarily or permanently
   29  by the port authority to the public for general or limited highway use.
   30    "Traffic" shall mean and include pedestrians, animals and vehicles.
   31    S 1702. Vehicle operation.  No vehicle shall be operated  on  any  air
   32  terminal  highway  or marine terminal highway carelessly or negligently,
   33  or in disregard of the rights  or  safety  of  others,  or  without  due
   34  caution and circumspection, or at a speed or in a manner so as to endan-
   35  ger  unreasonably  or  to  be likely to endanger unreasonably persons or
   36  property, or while the operator thereof is under the influence of intox-
   37  icating liquors or any narcotic or habit-forming  drug,  nor  shall  any
   38  vehicle  be operated thereon if it is so constructed, equipped or loaded
   39  as to endanger unreasonably or to be  likely  to  endanger  unreasonably
   40  persons or property.
   41    S  1703.  Adherence  to traffic signs and signals.  All persons on any
   42  air terminal highway or marine terminal highway must at all times comply
   43  with any lawful order, signal or direction  by  voice  or  hand  of  any
   44  member of the port authority police force. When traffic is controlled by
   45  traffic  lights,  signs  or  by  mechanical  or electrical signals, such
   46  lights, signs and signals shall be obeyed unless a port authority police
   47  officer directs otherwise.
   48    S 1704. Requiring use of right side  of  roadway.    Unless  otherwise
   49  directed,  all  vehicles  on any air terminal highway or marine terminal
   50  highway shall at all times stay to the right of the center of the  road-
   51  way,  except in the case of one-way roadways; slow-moving vehicles shall
   52  remain as close as possible to the right-hand edge or curb of the  road-
   53  way;    and  where a roadway is marked with traffic lanes vehicles shall
   54  not cross markings.
   55    S 1705. Authorization for operation.  No person shall operate a  motor
   56  vehicle  on an air terminal highway or marine terminal highway unless he
       S. 3353                            119
    1  is duly authorized to operate such vehicle on state and municipal  high-
    2  ways  in the state in which such air terminal highway or marine terminal
    3  highway is located, or unless he is especially authorized  by  the  port
    4  authority  to  operate  motor  vehicles  on such air terminal highway or
    5  marine terminal highway.  No motor vehicle shall be permitted on any air
    6  terminal highway or marine terminal highway unless it is  registered  in
    7  accordance with the provisions of the law of the state in which such air
    8  terminal  highway or marine terminal highway is located, or unless it is
    9  especially authorized by the port authority to be operated on  such  air
   10  terminal highway or marine terminal highway.
   11    S  1706.  Procedures  in  case of causing injury.  The operator of any
   12  vehicle involved in an accident on an air  terminal  highway  or  marine
   13  terminal  highway  which  results  in  injury  or death to any person or
   14  damage to any property shall immediately stop such vehicle at the  scene
   15  of  the  accident, render such assistance as may be needed, and give his
   16  name, address, and operator's license and  registration  number  to  the
   17  person injured or to any officer or witness of the injury.  The operator
   18  of  such vehicle shall make a report of such accident in accordance with
   19  the law of the state in which such accident occurred.
   20    S 1707. Prohibited items.  No person shall transport on any air termi-
   21  nal highway or marine  terminal  highway  any  dynamite,  nitroglycerin,
   22  black  powder,  fireworks,  blasting caps or other explosives, gasoline,
   23  alcohol, ether, liquid shellac, kerosene,  turpentine,  formaldehyde  or
   24  other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
   25  rate,  wet  hemp,  powdered  metallic  magnesium,  nitro-cellulose film,
   26  peroxides or other readily inflammable solids  or  oxidizing  materials,
   27  hydrochloric  acid,  sulfuric  acid  or other corrosive liquids, prussic
   28  acid, phosgene, arsenic, carbolic acid,  potassium  cyanide,  tear  gas,
   29  lewisite,  or  any  other poisonous substances, liquids or gases, or any
   30  compressed gas, or any radioactive article, substance  or  material,  at
   31  such  time or place or in such manner or condition as to endanger unrea-
   32  sonably or as to be likely to endanger unreasonably persons or property;
   33  nor shall any person park any vehicle, or  permit  the  same  to  remain
   34  halted on any air terminal highway or marine terminal highway containing
   35  any  of the foregoing, at such time or place or in such manner or condi-
   36  tion as to endanger unreasonably or as to be likely to  endanger  unrea-
   37  sonably persons or property.
   38    S 1708. Parking.  No person shall park a vehicle or permit the same to
   39  remain  halted  on  any  air terminal highway or marine terminal highway
   40  except at such places and for such periods of time as may be  prescribed
   41  or permitted by the port authority.
   42    S 1709. Prosecution for violations.  If the violation within the state
   43  of  any  of  the  rules and regulations set forth in section one hereof,
   44  would have been a felony, misdemeanor or  other  punishable  offense  if
   45  committed on any public road, street, highway or turnpike in the munici-
   46  pality  in which such violation occurred, it shall be tried and punished
   47  in the same manner as if it had been  committed  on  such  public  road,
   48  street, highway or turnpike.
   49    S 1710. Felony for transport of prohibited items.  Notwithstanding the
   50  provisions  of  section  seventeen  hundred  two of this article, if the
   51  violation within the state of the rule and regulation numbered seven and
   52  set forth in section one hereof shall result in injury  or  death  to  a
   53  person  or  persons or damage to property in excess of the value of five
   54  thousand dollars, such violation shall constitute a felony.
   55    S 1711. Misdemeanor for certain violations.   Except  as  provided  in
   56  sections  seventeen  hundred  two  and seventeen hundred three   of this
       S. 3353                            120
    1  article, any violation within the state of any of the  rules  and  regu-
    2  lations  set forth in section one hereof, shall constitute a misdemeanor
    3  and shall be punishable as an offense triable in a magistrate's court by
    4  a fine not exceeding five hundred dollars or by imprisonment not exceed-
    5  ing sixty days or by both such fine and imprisonment.
    6    S  1712.  Exclusion  of  vehicles in violations.   The penalties above
    7  prescribed shall not preclude the port authority from excluding from any
    8  air terminal highway or marine terminal highway, permanently  or  for  a
    9  specified  time, all vehicles violating any of the rules and regulations
   10  set forth in section one hereof, as well  as  other  vehicles  owned  or
   11  operated by the owner or operator of such vehicle.
   12    S  1713.  Reserve clause.  Nothing herein contained shall be construed
   13  to affect, diminish or impair the power of this state to enact any  law,
   14  or to impair or diminish, or as recognition of the impairment or diminu-
   15  tion  of any power of this state, legislative or otherwise, with respect
   16  to the port authority, its properties, or persons or property thereon.
   17                                ARTICLE XVIII
   18                       NEW YORK - NEW JERSEY AGREEMENT
   19  Section 1801. Enforcement authority.
   20          1802. Guidelines for interpretation.
   21    S 1801. Enforcement authority.  Upon the concurrence of the  state  of
   22  New Jersey, the states of New York and New Jersey agree that each state,
   23  in  the  discretion  of  its legislature, and without further consent or
   24  concurrence by the other state, may from time to time prescribe,  amend,
   25  modify or rescind penalties for violations within its territorial limits
   26  of any rule or regulation, otherwise authorized, of the port of New York
   27  authority  (hereinafter called the "port authority"), and procedures for
   28  the enforcement of such penalties.
   29    S 1802. Guidelines for interpretation.  This section and section eigh-
   30  teen hundred one of this article, together with  corresponding  sections
   31  of the act of the state of New Jersey concurring herein shall constitute
   32  an  agreement between the states of New York and New Jersey supplemental
   33  to the compact between the two states dated  April  thirtieth,  nineteen
   34  hundred  twenty-one,  and shall be liberally construed to effectuate the
   35  purposes of said compact and of the agreements of the two states amenda-
   36  tory thereof and supplemental thereto, and not in limitation  of  or  in
   37  derogation  of  any  powers  heretofore or hereinafter conferred upon or
   38  delegated to the port authority, and not as granting any  power  to  the
   39  port  authority  to  make  rules  and  regulations  except  as elsewhere
   40  provided in said compact and agreements, and shall not be  construed  to
   41  affect,  diminish  or  impair  the  power  of either state to prescribe,
   42  amend, modify or rescind such penalties, or to enact any other  law,  or
   43  to  imply  that the concurrence of the other state therein is necessary,
   44  or was necessary prior to the enactment of this article, or to impair or
   45  diminish, or as recognition of the impairment or diminution of any power
   46  of either state, legislative or otherwise,  with  respect  to  the  port
   47  authority,  its properties, or persons or property thereon, or to affect
   48  the interpretation of the aforesaid compact and agreements  between  the
   49  two states.
   50                                 ARTICLE XIX
   51                      SMOKING REGULATION FOR TERMINALS
   52  Section 1901. Smoking prohibition.
   53          1902. Penalties.
       S. 3353                            121
    1    S 1901. Smoking prohibition.  No person shall smoke, carry, or possess
    2  a  lighted  cigarette,  cigar,  pipe,  match or other lighted instrument
    3  capable of causing naked  flame  in  or  about  any  area,  building  or
    4  appurtenance  of an air terminal, owned or operated by the port authori-
    5  ty,  or  in  or  upon  any area, bulkhead, dock, pier, wharf, warehouse,
    6  building, structure or shed of a marine terminal, owned or  operated  by
    7  the  port  authority,  where  smoking  has  been  prohibited by the port
    8  authority and where appropriate signs to that effect have  been  posted,
    9  or  on the open deck of any ship, lighter, carfloat, scow or other simi-
   10  lar floating craft or equipment when berthed or  moored  at  such  dock,
   11  wharf, pier or to a vessel made fast thereto.
   12    S 1902. Penalties.  Any violation of the rule and regulation set forth
   13  in  section  one  thousand  nine  hundred  one  of this article shall be
   14  punishable as an offense triable in a magistrate's court,  for  a  first
   15  offense,  by  a  fine of not more than fifty dollars or imprisonment for
   16  not more than thirty days or both;  for a second offense, by a  fine  of
   17  not  less  than twenty-five dollars nor more than one hundred dollars or
   18  imprisonment for not more than sixty days or both;  for a third  or  any
   19  other  subsequent  offense, by a fine of not less than fifty dollars nor
   20  more than two hundred dollars or by imprisonment for not more than sixty
   21  days or both.
   22                                 ARTICLE XX
   23                   SUITS ON LEASE AT INTERNATIONAL AIRPORT
   24  Section 2001. Suits on lease at International Airport.
   25          2002. Effect.
   26          2003. Venue.
   27          2004. Consent.
   28          2005. Agreement.
   29    S 2001. Suits on lease at International Airport.  Upon the concurrence
   30  of the state of New Jersey, the  states  of  New  York  and  New  Jersey
   31  consent  to  suits,  actions  or  proceedings  (including proceedings to
   32  enforce arbitration  agreements  and  to  enter  judgments  upon  awards
   33  resulting  therefrom) of any form or nature, at law, in equity or other-
   34  wise by any person or corporation engaged in the business  of  scheduled
   35  transportation  by  aircraft, against the port authority, and to appeals
   36  therefrom and reviews thereof, upon or for the enforcement of any  writ-
   37  ten  contract  for the use or occupancy of space, premises or facilities
   38  at New York International Airport, in the county of Queens, city of  New
   39  York,  state  of  New York, executed on or after January first, nineteen
   40  hundred fifty-three between the port authority and any  such  person  or
   41  corporation,  or  by  any such person or corporation so contracting with
   42  the port authority upon any cause of action arising out of such  use  or
   43  occupancy pursuant to any such written contract.
   44    S  2002. Effect.   The consent pursuant to section two thousand one of
   45  this article is granted upon the condition that  in  suits,  actions  or
   46  proceedings  thereunder  for judgments, orders or decrees restraining or
   47  enjoining the port authority from committing  or  continuing  to  commit
   48  breaches  of  such  written  contract, no such judgment, order or decree
   49  shall be entered except upon at least two days' prior written notice  to
   50  the  port  authority  of  the proposed entry thereof; and upon an appeal
   51  taken by the port authority from such judgment,  order  or  decree,  the
   52  service  of  the  notice  of appeal shall perfect the appeal, without an
   53  undertaking or other security.
       S. 3353                            122
    1    S 2003. Venue.  The venue in any suit, action  or  proceeding  against
    2  the  port  authority to which consent is given by this act shall be laid
    3  within a county or a judicial district, established by one of  said  two
    4  states  or  by the United States and situated wholly or partially within
    5  the  port of New York district. The port authority shall be deemed to be
    6  a resident of each such county or judicial district for the  purpose  of
    7  such  suits,  actions or proceedings and shall be deemed to be a citizen
    8  of both of said two states.
    9    S 2004. Consent.  Nothing herein contained shall be deemed to  revoke,
   10  rescind  or affect any consents to suits, actions or proceedings against
   11  the port authority heretofore given by the two said states or the  terms
   12  and conditions upon which such consents are given.
   13    S 2005. Agreement.  This act together with the act of the state of New
   14  Jersey  concurring  herein,  shall  constitute  an agreement between the
   15  states of New York and New Jersey supplementary to and amendatory of the
   16  compact between the two said  states  dated  April  thirtieth,  nineteen
   17  hundred twenty-one.
   18                                 ARTICLE XXI
   19                               NARROWS BRIDGE
   20  Section 2101. Determination to build bridge.
   21          2102. Authorization for construction.
   22          2103. Definitions.
   23          2104. Authorization for agreement with the Triborough Authority.
   24          2105. Funding.
   25          2106. Bi-state covenant.
   26          2107. Security bonds.
   27          2108. Authorization to acquire real property.
   28          2109. Prior consent required.
   29          2110. Authorization of agents to enter property.
   30          2111. Essential government function.
   31          2112. Tax exemption on acquired property.
   32          2113. Governmental nature.
   33          2114. Agreement.
   34    S  2101.  Determination  to build bridge.  Upon the concurrence of the
   35  state of New Jersey, the states of New York and New Jersey find,  deter-
   36  mine  and  agree  that  a  bridge between Staten Island and Long Island,
   37  constituting a part of the highway system of the port district,  created
   38  by  their  compact  of  April  thirty, nineteen hundred twenty-one, will
   39  facilitate the flow of traffic between the two  states,  will  alleviate
   40  congestion  in  the  vehicular  crossings  of  the Hudson river and will
   41  promote the movement of commerce between the two states by  providing  a
   42  direct connection between the state of New Jersey and Long Island in the
   43  state  of  New York by way of Staten Island and that it is therefore the
   44  policy of the two said states to provide such bridge.
   45    S 2102. Authorization for construction. In furtherance of  the  afore-
   46  said policy, and in partial effectuation of the comprehensive plan here-
   47  tofore  adopted  by  the two said states for the development of the said
   48  port district, the Port of New York Authority is hereby  authorized  and
   49  empowered  to construct, own, maintain and operate a bridge (hereinafter
   50  called the Narrows bridge) over the Narrows of New York bay, and, in its
   51  discretion (and so long as it shall retain title to such  bridge),  such
   52  additions  and  improvements  thereto  and  such  approaches thereto and
   53  connections with highways and with the bridges between  New  Jersey  and
   54  Staten  Island  as  the  Port Authority may deem necessary or desirable.
       S. 3353                            123
    1  The Port Authority may effectuate such approaches or connections, in its
    2  discretion, by agreement with any other public agency,  which  agreement
    3  may provide for the construction, ownership, maintenance or operation of
    4  such approaches or connections by such other public agency.
    5    The  Port Authority shall not commence the construction of the Narrows
    6  bridge until after the  execution  of  an  agreement  between  the  Port
    7  Authority  and  the  Triborough Bridge and Tunnel Authority (hereinafter
    8  called the Triborough Authority) pursuant to section twenty-one  hundred
    9  four of this article.
   10    S  2103.  Definitions.    The  following terms as used in this article
   11  shall mean:
   12    "Bonds" shall mean bonds, notes, securities or  other  obligations  or
   13  evidences of indebtedness.
   14    "General  reserve fund statutes" shall mean chapter forty-eight of the
   15  laws of New York of nineteen hundred thirty-one, as amended and  contin-
   16  ued  by  article VI of this chapter, and chapter five of the laws of New
   17  Jersey of nineteen hundred thirty-one, as amended, and "general  reserve
   18  fund"  shall mean the general reserve fund of the Port Authority author-
   19  ized by said statutes.
   20    "Narrows bridge" shall mean not only the bridge itself  but  also  its
   21  approaches, connections, additions and improvements.
   22    "Narrows  bridge  bonds" shall mean bonds issued by the Port Authority
   23  to provide funds for Narrows bridge purposes or bonds secured  in  whole
   24  or  in  part  by a pledge of the revenues of the Port Authority from the
   25  Narrows bridge or bonds so issued and secured.
   26    "Narrows bridge purposes" shall mean the effectuation,  establishment,
   27  construction,  rehabilitation,  improvement, maintenance or operation of
   28  the Narrows bridge and purposes incidental thereto.
   29    "Real property" shall mean lands, structures, franchises and interests
   30  in land, waters, lands under water and riparian rights, and any and  all
   31  things  and  rights included within the said term, and includes not only
   32  fees simple absolute but also any and all  lesser  interests,  including
   33  but  not limited to easements, rights-of-way, uses, leases, licenses and
   34  all other incorporeal hereditaments and every estate, interest or right,
   35  legal or equitable, including terms for years and liens thereon  by  way
   36  of judgments, mortgages or otherwise.
   37    S  2104.  Authorization  for  agreement with the Triborough Authority.
   38  (a) The Port Authority is authorized and  empowered  to  enter  into  an
   39  agreement  with the Triborough Authority (and from time to time to enter
   40  into agreements amending the same) for the design, location,  financing,
   41  construction,  maintenance  and  operation of the Narrows bridge and any
   42  other matters of like or different character with respect to the Narrows
   43  bridge, and by which the Port Authority  may  grant,  convey,  lease  or
   44  otherwise  transfer  to  the  Triborough Authority or to the city of New
   45  York for the use and occupancy of the Triborough  Authority  any  right,
   46  title or interest of the Port Authority in the Narrows bridge and in any
   47  part  or parts thereof, upon such terms as may be determined by the Port
   48  Authority and the Triborough Authority, including  but  not  limited  to
   49  agreement as to the method of fixing the tolls, rents, charges and other
   50  fees and the rules for the regulation of the use of the bridge.
   51    (b)  So  long  as the Port Authority shall retain title to the Narrows
   52  bridge, it shall, so far as it deems it practicable, treat as  a  single
   53  unified operation the effectuation of the Narrows bridge, the interstate
   54  bridges  and  tunnels  now  operated by the Port Authority and any other
   55  bridges or tunnels which it may construct or operate, raising moneys for
   56  the construction thereof and for the making of  additions  and  improve-
       S. 3353                            124
    1  ments  thereto in whole or in part upon its own obligations, and, except
    2  as provided in such agreement or any amendment thereof, establishing and
    3  levying such tolls, rents, charges and other fees as it may deem  neces-
    4  sary  to secure from all of such bridges and tunnels as a group at least
    5  sufficient revenue to meet the expenses  of  the  effectuation  of  such
    6  bridges  and  tunnels  as a group, and to provide for the payment of the
    7  interest upon and amortization and retirement of and the fulfillment  of
    8  the terms of all bonds which it may have issued in connection therewith.
    9  Except  as provided in such agreement or any amendment thereof, no other
   10  agency or commission of either state shall have  jurisdiction  over  the
   11  Narrows bridge so long as the Port Authority shall retain title thereto,
   12  and, except as so provided, all details of the design, location, financ-
   13  ing,  construction,  leasing,  tolls,  rents,  charges  and  other fees,
   14  contracts, maintenance and operation of and rules for the regulation  of
   15  the use of the Narrows bridge so long as the Port Authority shall retain
   16  title  thereto  shall  be within its sole discretion and its decision in
   17  connection with any and all matters  concerning  such  bridge  shall  be
   18  controlling and conclusive.
   19    (c)  The  states  of  New York and New Jersey hereby consent to suits,
   20  actions or proceedings against the Port Authority  upon,  in  connection
   21  with  or  arising out of such agreement or any amendment thereof, by the
   22  Triborough Authority, or by the city of New York if and  to  the  extent
   23  that  such agreement or any amendment thereof shall create rights in the
   24  city of New York, as follows:
   25    (1) For judgments, orders or decrees restraining or enjoining the Port
   26  Authority from transferring title to real property to other  persons  in
   27  cases where it has agreed with the Triborough Authority to transfer such
   28  title to the Triborough Authority or to the city of New York for the use
   29  and occupancy of the Triborough Authority, and
   30    (2) 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  provided
   35  further, that upon an appeal taken by the Port Authority from such judg-
   36  ment,  order or decree the service of the notice of appeal shall perfect
   37  the appeal and shall 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 consents 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  XV of this chapter and chapter two hundred  four  of  the  laws  of  New
   44  Jersey of nineteen hundred fifty-one.
   45    S  2105. Funding.   The moneys in the general reserve fund of the Port
   46  Authority may be pledged in whole or in part by the  Port  Authority  as
   47  security  for  or  applied  by  it to the repayment with interest of any
   48  moneys which it may raise upon Narrows bridge bonds issued  by  it  from
   49  time  to time and the moneys in said general reserve fund may be applied
   50  by the Port Authority to the fulfillment of any other undertakings which
   51  it may assume to or for the benefit of the holders of any such bonds.
   52    Subject to prior liens and pledges (and to the obligation of the  Port
   53  Authority  to  apply  revenues to the maintenance of its general reserve
   54  fund in the amount prescribed by the general reserve fund statutes), the
   55  revenues of the Port Authority from facilities established, constructed,
   56  acquired or effectuated through the issuance or sale  of  bonds  of  the
       S. 3353                            125
    1  Port  Authority  secured  by a pledge of its general reserve fund may be
    2  pledged in whole or in part as security for or  applied  by  it  to  the
    3  repayment  with  interest  of any moneys which it may raise upon Narrows
    4  bridge  bonds, and said revenues may be applied by the Port Authority to
    5  the fulfillment of any other undertakings which it may assume to or  for
    6  the benefit of the holders of such bonds.
    7    In  the  event that at any time the balance of moneys theretofore paid
    8  into the general reserve fund and not applied therefrom shall exceed  an
    9  amount  equal  to  one-tenth  of  the  par  value of all bonds legal for
   10  investment, as defined and limited in the general reserve fund statutes,
   11  issued by the Port Authority and currently outstanding at such time,  by
   12  reason  of the retirement of Narrows bridge bonds the par value of which
   13  had theretofore been included in the computation of said one-tenth, then
   14  the Port Authority may pledge or apply such excess for and only for  the
   15  purposes for which it is authorized by the general reserve fund statutes
   16  to pledge the moneys in the general reserve fund, and such pledge may be
   17  made in advance of the time when such excess may occur.
   18    S  2106.  Bi-state  covenant.   The two states covenant and agree with
   19  each other and with the holders of Narrows bridge bonds as security  for
   20  which  there may or shall be pledged (directly or indirectly, or through
   21  the medium of its general reserve fund or otherwise)  the  revenues,  or
   22  any  part  thereof, of the Narrows bridge or any other facility owned or
   23  operated by the Port Authority, that the two states will not, so long as
   24  any of such bonds remain outstanding and unpaid, diminish or impair  the
   25  power of the Port Authority to establish, levy and collect tolls, rents,
   26  charges  or other fees in connection with the Narrows bridge (so long as
   27  the Port Authority shall retain title to such bridge) or any such  other
   28  facility;  and that the two said states will not, so long as any of such
   29  bonds  remain  outstanding  and unpaid and so long as the Port Authority
   30  shall retain title to the Narrows bridge, authorize the construction  of
   31  any  other  vehicular  bridges or tunnels (other than bridges or tunnels
   32  exclusively for railway rapid transit purposes)  between  Staten  Island
   33  and Long Island by any person or body other than the Port Authority.
   34    S  2107. Security bonds.  Narrows bridge bonds are hereby made securi-
   35  ties in which all state  and  municipal  officers  and  bodies  of  both
   36  states, all banks, bankers, trust companies, savings banks, building and
   37  loan  associations,  savings and loan associations, investment companies
   38  and other persons carrying on a banking business, all  insurance  compa-
   39  nies,  insurance associations and other persons carrying on an insurance
   40  business, and all administrators,  executors,  guardians,  trustees  and
   41  other  fiduciaries, and all other persons whatsoever, who are now or may
   42  hereafter be authorized by either state  to  invest  in  bonds  of  such
   43  state,  may  properly  and  legally invest any funds, including capital,
   44  belonging to them or within their control;   and said bonds  are  hereby
   45  made  securities  which  may  properly and legally be deposited with and
   46  shall be received by any state or municipal officer or agency of  either
   47  state  for  any  purpose for which the deposit of bonds of such state is
   48  now or may hereafter be authorized.
   49    S 2108. Authorization to acquire real property.  If the Port Authority
   50  shall find it necessary or convenient to acquire any real  property  for
   51  Narrows  bridge  purposes  (including  temporary construction, rehabili-
   52  tation or improvement), whether for immediate or future  use,  the  Port
   53  Authority  may  find  and  determine  that  such property, whether a fee
   54  simple absolute or a lesser interest, is required for a public use,  and
   55  upon  such  determination the said property shall be and shall be deemed
   56  to be required for such public use until  otherwise  determined  by  the
       S. 3353                            126
    1  Port Authority, and such determination shall not be affected by the fact
    2  that such property has theretofore been taken for and is then devoted to
    3  a public use; but the public use in the hands of or under the control of
    4  the  Port  Authority  shall  be deemed superior to the public use in the
    5  hands of any other person, association or  corporation.    If  the  Port
    6  Authority shall find it necessary or convenient hereunder to acquire any
    7  real  property which is then devoted to a public use, the Port Authority
    8  shall have power to exchange or substitute any other real  property  for
    9  such  real  property  upon terms agreed to by the Port Authority and the
   10  owner of such property then devoted to a public use,  and  to  find  and
   11  determine  that  such  other real property is also required for a public
   12  use; upon such determination the said other property shall be and  shall
   13  be deemed to be required for such public use.
   14    The Port Authority may acquire and is hereby authorized to acquire any
   15  real  property  in the state of New York required for a public use under
   16  the preceding paragraph, whether a  fee  simple  absolute  or  a  lesser
   17  estate,  by the exercise of the right of eminent domain under and pursu-
   18  ant to the eminent domain procedure law of the state of New York, or  at
   19  the  option  of  the  Port Authority pursuant to any other and alternate
   20  procedure provided by law by such state.  Nothing herein contained shall
   21  be construed to prevent the Port Authority from bringing any proceedings
   22  in either state to remove a cloud on title or such other proceedings  as
   23  it  may, in its discretion, deem proper and necessary, or from acquiring
   24  any such property in either state by negotiation or purchase.
   25    Where a person entitled to an award  remains  in  possession  of  such
   26  property  after  the time of the vesting of title in the Port Authority,
   27  the reasonable value of his use and occupancy of  such  property  subse-
   28  quent  to  such  time,  as  fixed  by  agreement or by the court in such
   29  proceedings or by any court of competent jurisdiction, shall be  a  lien
   30  against  such  award, subject only to liens of record at the time of the
   31  vesting of title in the Port Authority.
   32    S 2109. Prior consent  required.  Anything  in  this  article  to  the
   33  contrary notwithstanding, no property now or hereafter vested in or held
   34  by the city of New York shall be taken by the Port Authority without the
   35  authority  or  consent  of the city as provided in said compact of April
   36  thirty, nineteen hundred twenty-one. The Port Authority is  also  hereby
   37  authorized  and  empowered to acquire from said city by agreement there-
   38  with, and the city, notwithstanding any contrary provision  of  law,  is
   39  hereby  authorized  and  empowered  to  grant and convey upon reasonable
   40  terms and conditions any real property which the  Port  Authority  shall
   41  find  to  be  necessary for Narrows bridge purposes, including such real
   42  property as has already been devoted to a public use.  The state of  New
   43  York  hereby  consents to the use and occupation of the real property of
   44  such state which the Port Authority  shall  find  to  be  necessary  for
   45  Narrows bridge purposes, including lands of the state lying under water,
   46  and the department, board or division or other agency of the state exer-
   47  cising  supervision  of such property shall execute such documents as it
   48  may deem necessary to evidence the right to such use and occupation.
   49    S 2110. Authorization of agents to enter property.  The Port Authority
   50  and its duly authorized agents, and all persons acting under its author-
   51  ity and by its direction, may enter in the daytime  into  and  upon  any
   52  real  property  which it shall be necessary so to enter, for the purpose
   53  of making such surveys, diagrams, maps or plans, or for the  purpose  of
   54  making  such  soundings or borings as the Port Authority may deem neces-
   55  sary or convenient for the purposes of this article and  the  concurrent
   56  act of the state of New Jersey.
       S. 3353                            127
    1    S  2111. Essential government function.  The construction, maintenance
    2  and operation of the Narrows bridge are and will be in all respects  for
    3  the  benefit of the people of the states of New York and New Jersey, for
    4  the increase of their commerce and prosperity and for the improvement of
    5  their  health  and  living  conditions  and shall be deemed to be public
    6  purposes;  and the Port Authority shall be  regarded  as  performing  an
    7  essential governmental function in undertaking the construction, mainte-
    8  nance  and  operation  thereof and in carrying out the provisions of law
    9  relating thereto.
   10    S 2112. Tax exemption on acquired property.  No taxes  or  assessments
   11  shall  be  levied  or  collected  upon any property acquired or used for
   12  Narrows bridge purposes.
   13    S 2113. Governmental nature. Any declarations contained herein and  in
   14  the  concurrent  act  of  the  state  of  New Jersey with respect to the
   15  governmental nature and public purpose of the Narrows bridge and to  the
   16  exemption of Narrows bridge property from taxation and to the discretion
   17  of the Port Authority with respect to the operation thereof shall not be
   18  construed to imply that other Port Authority property and operations are
   19  not  of  a  governmental nature or do not constitute public purposes, or
   20  that they are subject to taxation, or that  the  determinations  of  the
   21  Port  Authority  with  respect  thereto are not conclusive.   The powers
   22  vested in the Port Authority herein and in the  concurrent  act  of  the
   23  state  of New Jersey (including but not limited to the powers to acquire
   24  real property by condemnation  and  to  make  or  effectuate  additions,
   25  improvements, approaches and connections) shall, except as herein other-
   26  wise  expressly  stated,  be  continuing  powers and no exercise thereof
   27  shall be deemed to exhaust them or any of them.
   28    The provisions of chapter forty-seven of the laws of New York of nine-
   29  teen hundred thirty-one as continued by article II of this  chapter  and
   30  chapter  four  of  the laws of New Jersey of nineteen hundred thirty-one
   31  shall not apply to the Narrows bridge.
   32    S 2114. Agreement. 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  the
   38  powers  vested  in the Port Authority hereby shall be construed to be in
   39  aid of and supplemental to and not in limitation of or in derogation  of
   40  any  of  the  powers  heretofore conferred upon or delegated to the Port
   41  Authority.
   42                                ARTICLE XXII
   43                       NEW JERSEY TURNPIKE CONNECTIONS
   44  Section 2201. Definitions.
   45          2202. Authorization for agreement with New Jersey agencies.
   46          2203. Securities.
   47    S 2201. Definitions. As used in this article:
   48    1. "Port authority" shall mean the Port of New York Authority;
   49    2. "Bonds" shall mean bonds, notes, securities or other obligations or
   50  evidences of indebtedness;
   51    3. "Newark  bay-Hudson  county  extension"  shall  mean  the  turnpike
   52  project  of  the  New  Jersey  Turnpike  Authority extending between the
   53  vicinity of Port street and Newark airport in the city of Newark and the
   54  vicinity of the Holland tunnel in Hudson county, authorized by  subdivi-
       S. 3353                            128
    1  sion  (c)  of section one of chapter forty-one of the laws of New Jersey
    2  of one thousand nine hundred  forty-nine,  as  amended  by  chapter  two
    3  hundred  eighty-six  of  the  laws  of  New  Jersey of one thousand nine
    4  hundred fifty-one;
    5    4.  "Newark  bay-Hudson  county  extension terminal connections" shall
    6  mean the connections to the Newark bay-Hudson county  extension  at  the
    7  following  locations:   (a) at or in the vicinity of the westerly end of
    8  the Newark bay-Hudson county extension  to  interconnect  United  States
    9  Highway  route  1,  the  turnpike  toll  plaza,  Port  street and Newark
   10  airport, and (b) at or in the vicinity of the Holland tunnel  plaza  and
   11  thence  northerly  in  Hudson  county  to  a point at grade at or in the
   12  vicinity of Paterson avenue in the city of Hoboken.
   13    S 2202. Authorization for agreement with New  Jersey  agencies.    The
   14  port authority is hereby authorized and empowered, in its discretion, to
   15  enter  into an agreement or agreements upon such terms and conditions as
   16  it may deem in the public interest, with the New Jersey Turnpike Author-
   17  ity, or the New Jersey state highway department, or  both,  whereby  the
   18  port  authority  may  undertake to pay to such other party or parties to
   19  such agreement or agreements such portion or portions  of  the  cost  of
   20  constructing  either  or both of said Newark bay-Hudson county extension
   21  terminal connections as the port authority shall determine to be propor-
   22  tionate to the benefit to facilities  owned  or  operated  by  the  port
   23  authority  from  such connections, whether or not such connections shall
   24  constitute approaches or connections to such port authority facilities.
   25    S 2203. Securities. The bonds which may be issued by the port authori-
   26  ty to provide funds to make  all  or  any  portion  of  the  payment  or
   27  payments  required  by  an agreement or agreements authorized by section
   28  twenty-two hundred two of this article and for purposes incidental ther-
   29  eto are hereby made securities in which all state and municipal officers
   30  and bodies of New Jersey and New York, all banks, bankers, trust  compa-
   31  nies,  savings  banks,  building  and loan associations, saving and loan
   32  associations, investment companies and other persons carrying on a bank-
   33  ing business, all insurance companies, insurance associations and  other
   34  persons carrying on an insurance business, and all administrators, exec-
   35  utors,  guardians,  trustees and other fiduciaries and all other persons
   36  whatsoever are now or may hereafter be authorized by either the state of
   37  New Jersey or the state of New York to invest in bonds  or  other  obli-
   38  gations of such state, may properly and legally invest any funds includ-
   39  ing  capital  belonging to them or within their control;  and said bonds
   40  are hereby made securities which may properly and legally  be  deposited
   41  with  and  shall be received by any state or municipal officer or agency
   42  of either the state of New Jersey or the  state  of  New  York  for  any
   43  purpose  for  which  the  deposit  of bonds or other obligations of such
   44  state is now or may hereafter be authorized.
   45                                ARTICLE XXIII
   46                           COMMUTER RAILROAD CARS
   47  Section 2301. Commuter railroad cars.
   48    S 2301. Commuter railroad cars. 1. Upon the concurrence of  the  state
   49  of  New  Jersey,  the  states of New York and New Jersey agree that each
   50  such state may elect by  appropriate  legislation  to  provide  for  the
   51  purchase  and  rental by the port of New York authority of railroad cars
   52  for passenger transportation in accordance with this article.
   53    2. For the purpose of this article:
   54    (a) "Port authority" shall mean the port of New York authority.
       S. 3353                            129
    1    (b) "Commuter railroad of an electing state"  shall  mean  a  railroad
    2  transporting  passengers  between  municipalities  in the portion of the
    3  port of New York district within such state, the majority of the  track-
    4  age  of  which  within  the  port  of New York district utilized for the
    5  transportation of passengers shall be in such state.
    6    (c)  "Railroad  cars"  shall  mean  railroad passenger cars, including
    7  self-propelled cars, and locomotives and other  rolling  stock  used  in
    8  passenger transportation.
    9    3.  (a)  Upon  the election by either state as provided in subdivision
   10  one of  this  section,  the  port  authority  shall  be  authorized  and
   11  empowered to:
   12    (i)  purchase and own railroad cars for the purpose of leasing them to
   13  any commuter railroad of such state;  provided, however, that  no  rail-
   14  road  cars  shall be so purchased except with advances received or money
   15  borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor
   16  shall the port authority incur expenses in connection with such purchase
   17  and ownership except out of such  advances  or  borrowed  money  or  the
   18  rentals received from such leasing;
   19    (ii)  receive  and  accept  advances from such state for such purchase
   20  upon such terms and conditions as such state may specify;
   21    (iii) borrow money from any source for such purchase or for the repay-
   22  ment of such advances or money borrowed, subject to  the  provisions  of
   23  paragraph (b) of this subdivision;
   24    (iv)  secure  the repayment of principal of and interest upon any such
   25  borrowed money by and only by a lien upon such railroad cars,  a  pledge
   26  of the rentals therefrom and the liability of the electing state for the
   27  repayment of such principal and interest;
   28    (v)  lease  such  railroad cars directly or indirectly to any commuter
   29  railroad of such state upon  such  terms  and  conditions  as  the  port
   30  authority  shall  deem in the public interest, including postponement of
   31  receipt of rentals by the port authority in the interest  of  increasing
   32  and  improving  the service rendered to the commuting public;  provided,
   33  however, that no such lease shall become effective  until  it  has  been
   34  approved  in  writing by the officer of the electing state designated by
   35  appropriate legislation;  and
   36    (vi) sell or otherwise dispose of such cars upon such terms and condi-
   37  tions and to such persons as the port authority shall deem in the public
   38  interest, except as may be otherwise directed by such electing state.
   39    (b) The port authority shall not borrow money pursuant to subparagraph
   40  (iii) of paragraph (a) of this subdivision unless and until the electing
   41  state shall have duly amended its constitution, if necessary, making  or
   42  authorizing  making  the  state liable for the repayment of the money so
   43  borrowed and interest thereon or for the fulfillment of the rental obli-
   44  gations to the port authority, or both;   and the port  authority  shall
   45  not  borrow  any such money unless and until the electing state shall be
   46  made liable for the repayment of any such money.
   47    4. The purchase and ownership by the port authority of  railroad  cars
   48  and  the  rental thereof to commuter railroads of the states of New York
   49  or New Jersey are and will be in all respects for  the  benefit  of  the
   50  people  of  the  said  two states for the increase of their commerce and
   51  prosperity and for the improvement of their health,  safety  and  living
   52  conditions  and  shall  be  deemed  to  be public purposes; and the port
   53  authority shall be regarded  as  performing  an  essential  governmental
   54  function  in  undertaking  such  purchase,  ownership  and rental and in
   55  carrying out the provisions of law relating thereto.
       S. 3353                            130
    1    5. The bonds or other evidences of indebtedness which may be issued by
    2  the port authority pursuant to this article are hereby  made  securities
    3  in  which  all state and municipal officers and bodies, all banks, bank-
    4  ers, trust companies, savings  banks,  savings  and  loan  associations,
    5  investment  companies  and other persons carrying on a banking business,
    6  all insurance companies, insurance associations and other persons carry-
    7  ing on an insurance business, and all administrators, executors, guardi-
    8  ans, trustees and other fiduciaries and all other persons whatsoever who
    9  are now or may hereafter be authorized to invest in bonds or other obli-
   10  gations of the electing state,  may  properly  and  legally  invest  any
   11  funds,  including  capital,  belonging  to them or within their control;
   12  and said bonds or other evidences of indebtedness are hereby made  secu-
   13  rities  which  may  properly  and legally be deposited with and shall be
   14  received by any state or municipal officer or agency for any purpose for
   15  which the deposit of bonds or other evidences  of  indebtedness  of  the
   16  electing  state  is  now  or may hereafter be authorized.  Such bonds or
   17  other evidences of indebtedness shall constitute negotiable instruments.
   18    Notwithstanding the provisions of this or any  other  legislation  the
   19  rentals  received by the port authority from the leasing of any railroad
   20  cars under this article shall not be pooled or applied to the establish-
   21  ment or maintenance of any reserve fund of the port authority pledged as
   22  security for any bonds or other evidences  of  indebtedness  other  than
   23  those  issued pursuant to this article, and the bonds or other evidences
   24  of indebtedness issued pursuant to this article shall not be included in
   25  measuring the principal amount of bonds or other  evidences  of  indebt-
   26  edness upon which the amount of any such reserve fund is calculated.
   27    6. No taxes or assessments shall be levied or collected upon any rail-
   28  road  cars  owned by the port authority pursuant to this article or upon
   29  any leasehold interest therein.
   30    7. (a) The state of New York hereby elects pursuant to subdivision one
   31  of this section to provide for the  purchase  and  rental  by  the  port
   32  authority  of railroad cars on the commuter railroads of this state. The
   33  commissioner of the department of transportation is hereby designated as
   34  the officer of this state for the approval of leases pursuant to subpar-
   35  agraph (v) of paragraph (a) of subdivision three of this section.
   36    (b) In the event that this state  shall  make  advances  to  the  port
   37  authority for the purchase and rental of railroad cars, the port author-
   38  ity  shall  repay  any such advances, pursuant to an appropriate written
   39  agreement with the director of the budget  entered  into  prior  to  the
   40  requisitioning  of such advances, out of money borrowed for such purpose
   41  under subparagraph (iii) of paragraph (a) of subdivision three  of  this
   42  section.  Except as so repaid, such advances shall be repaid annually by
   43  the port authority to the extent and only to the extent  that  the  port
   44  authority  shall have received rentals, directly or indirectly, from all
   45  the commuter railroads of this state to which railroad  cars  have  been
   46  leased  under  this  article in excess of the components of such rentals
   47  which represent the port authority's administrative, legal and financial
   48  expenses in connection with the purchase, ownership and lease.
   49    (c) In the event that railroad cars purchased by  the  port  authority
   50  are  sold  upon  the  default  of any lessee thereof, the port authority
   51  shall deduct from the proceeds of such sale its  unpaid  administrative,
   52  legal  and financial expenses in connection with such lease and sale and
   53  an amount equal to the  unpaid  principal  and  interest  and  mandatory
   54  redemption  premiums,  whenever  payable,  upon its outstanding bonds or
   55  other evidences of indebtedness, the proceeds of the issuance  of  which
   56  shall  have  been  applied to the purchase of the railroad cars sold and
       S. 3353                            131
    1  shall pay the balance to this state, but the port authority  shall  have
    2  full  authority to agree with any other creditors of such lessee, either
    3  in advance of or after default, as to the order of payment to  the  port
    4  authority  and  such  other  creditors, either out of the assets of such
    5  lessee available for such creditors, including the  port  authority,  or
    6  out  of  the  proceeds  of  the joint sale of various properties of such
    7  creditors theretofore used by such lessee, including such railroad  cars
    8  of the port authority.
    9    (d) Except as provided in paragraph (c) of this subdivision, any rail-
   10  road cars purchased by the port authority with the proceeds of the issu-
   11  ance  by the port authority of any series of bonds or other evidences of
   12  indebtedness shall become the property of this  state  after  the  final
   13  payment  of  all  the  bonds  or other evidences of indebtedness of such
   14  series, and thereafter shall be held by the port  authority  subject  to
   15  the  disposition  of  this state, and any railroad cars purchased by the
   16  port authority with any advances from this state shall become the  prop-
   17  erty of this state upon the repayment of all such advances solely out of
   18  rentals  in  excess  of  the  port authority's administrative, legal and
   19  financial expenses in connection therewith;  or if the proceeds of  port
   20  authority  bonds  or other evidences of indebtedness of any series shall
   21  have been applied to repay all or any portion  of  such  advances,  then
   22  such cars shall become the property of this state upon the final payment
   23  of  all  such  bonds  or  other  evidences  of such indebtedness of such
   24  series.
   25    (e)(i) To the extent authorized by the constitution at the time of the
   26  issuance of bonds or notes of the port authority for any of the purposes
   27  of this article, the punctual payment of such bonds and notes shall  be,
   28  and  the  same  hereby  is,  fully and unconditionally guaranteed by the
   29  state of New York, both as to principal and interest, according to their
   30  terms;  and such guaranty shall be expressed upon the  face  thereof  by
   31  the  signature  or  facsimile  signature  of the comptroller or a deputy
   32  comptroller of the state of New York.  If the port authority shall  fail
   33  to  pay,  when  due,  the  principal of, or interest upon, such bonds or
   34  notes, such comptroller shall pay the holder thereof.  In furtherance of
   35  such guaranty of punctual payment, if  the  comptroller  of  this  state
   36  shall  receive  written  notice  from  the trustee or other fiduciary or
   37  other duly authorized representative of the holder or  holders  of  such
   38  bonds  and  notes designated in any agreement between the port authority
   39  and such holder or holders that the port authority has failed to make or
   40  deposit any payment of interest or principal required by such  agreement
   41  to  or with such trustee or fiduciary or otherwise at or before the time
   42  specified in such agreement, then such comptroller  shall  within  three
   43  days  of  the receipt of such notice pay to such trustee or fiduciary or
   44  other duly authorized representative the amount necessary  to  meet  any
   45  deficiency in the payment of such interest and principal, when due.
   46    If  the  comptroller shall make a payment or payments pursuant to this
   47  subparagraph, the state shall be subrogated to the rights of  the  bond-
   48  holders  or  noteholders to whom, or on account of whom, such payment or
   49  payments were made, in and to the revenues pledged to such holders;  and
   50  for such purpose, to the extent any such revenues in the  hands  of  the
   51  port  authority may be inadequate to repay such payment or payments made
   52  by the state, the state shall be further subrogated to the rights of the
   53  port authority to recover any rentals due and unpaid to the port author-
   54  ity as of the date of such payment or payments and pledged to such hold-
   55  ers as aforesaid.
       S. 3353                            132
    1    (ii) Such bonds and notes shall be sold by the port authority in  such
    2  manner  and at such time as the port authority, with the approval of the
    3  comptroller, shall determine.  The proceeds of each  sale  of  bonds  or
    4  notes  shall  be  applied  to  the  purpose or purposes set forth in the
    5  resolution  of the port authority authorizing the issuance of such bonds
    6  or notes.  If, after having accomplished the  purpose  or  purposes  set
    7  forth in such resolution there remains any unexpended balance (including
    8  interest earned by the port authority on such proceeds), such unexpended
    9  balance  shall be applied by the port authority, to the extent practica-
   10  ble, to the purchase for retirement or to the  redemption  of  bonds  or
   11  notes  included  in  such  sale,  or otherwise as the port authority may
   12  determine for the purposes of this article.   If any commuter  car,  the
   13  acquisition  of which is financed or refinanced by the issuance of bonds
   14  or notes under this article, be lost, damaged or destroyed, the proceeds
   15  of any insurance policies covering such loss, damage or  destruction  or
   16  any  payments  made  to  the port authority by the lessee of such car on
   17  account of such loss, damage or destruction shall be applied by the port
   18  authority, to the extent practicable, to the purchase for retirement  or
   19  to  the redemption of bonds or notes of such series, or otherwise as the
   20  port authority may determine for the purposes of this article.
   21    (iii) The port authority is designated as the agent of  the  state  of
   22  New  York  for the purpose of selling, leasing or otherwise disposing of
   23  any railroad cars which shall become the property of the state  pursuant
   24  to  paragraph (d) of this subdivision.  As such agent the port authority
   25  may agree, upon such terms and conditions as may be  deemed  appropriate
   26  by it, with any lessee of railroad cars or with any other person, either
   27  in advance of or after the time when such cars shall become the property
   28  of  the  state, so to sell, lease or otherwise dispose of such cars.  In
   29  the event any such cars are so sold, leased or otherwise disposed of  by
   30  the  port  authority, the port authority shall pay over to the state, as
   31  promptly after receipt  as  may  be  practicable,  any  balance  of  the
   32  proceeds  thereof,  which remain after deduction of the port authority's
   33  administrative, legal and financial expenses in connection with or aris-
   34  ing out of such sale, lease or other disposition.
   35                                ARTICLE XXIV
   36                             WORLD TRADE CENTER
   37  Section 2401. World trade center.
   38    S 2401. World trade center. 1. The states of New York and  New  Jersey
   39  hereby find and determine:
   40    (a) that the transportation of persons to, from and within the port of
   41  New  York,  and  the  flow  of foreign and domestic cargoes to, from and
   42  through the port of New York are vital and essential to the preservation
   43  of the economic well-being of the northern New Jersey-New York metropol-
   44  itan area;
   45    (b) that in order to preserve the northern New Jersey-New York  metro-
   46  politan  area  from  economic deterioration, adequate facilities for the
   47  transportation of persons must be provided, preserved and maintained and
   48  that rail services are and will remain of  extreme  importance  to  such
   49  transportation of persons;
   50    (c) that the interurban electric railway now or heretofore operated by
   51  the Hudson & Manhattan railroad company is an essential railroad facili-
   52  ty  serving the northern New Jersey-New York metropolitan area, that its
   53  physical plant is in a severely deteriorated condition, and that  it  is
   54  in extreme financial condition;
       S. 3353                            133
    1    (d)  that  the  immediate  need for the maintenance and development of
    2  adequate railroad facilities for the transportation of  persons  between
    3  northern  New Jersey and New York would be met by the acquisition, reha-
    4  bilitation and operation of the said Hudson & Manhattan interurban elec-
    5  tric  railway  by a public agency, and improvement and extensions of the
    6  rail transit lines of said railway to permit transfer of its  passengers
    7  to  and  from  other  transportation  facilities and in the provision of
    8  transfer facilities at the points of such transfers;
    9    (e) that in order to preserve and protect the position of the port  of
   10  New York as the nation's leading gateway for world commerce it is incum-
   11  bent  on  the  states of New York and New Jersey to make every effort to
   12  insure that their port receives its rightful  share  of  the  oceanborne
   13  cargo volumes generated by the economy of the nation;
   14    (f)  that  the  servicing  functions and activities connected with the
   15  oceanborne and overseas airborne trade and commerce of the port  of  New
   16  York  district  as  defined  in  the compact between the said two states
   17  dated April thirty, nineteen hundred twenty-one (hereinafter called  the
   18  port  district),  including  customs  clearance,  shipping negotiations,
   19  cargo routing, freight forwarding, financing, insurance arrangements and
   20  other similar transactions which are  presently  performed  in  various,
   21  scattered  locations  in the city of New York, state of New York, should
   22  be centralized to provide for more efficient and economical  transporta-
   23  tion  of  persons  and  more efficient and economical facilities for the
   24  exchange and buying, selling and transportation of commodities and other
   25  property in world trade and commerce;
   26    (g) that unification, at a single,  centrally  located  site,  of  the
   27  principal New York terminal of the aforesaid interurban electric railway
   28  and  a  facility of commerce accommodating the said functions and activ-
   29  ities described in subdivision six of this section and  the  appropriate
   30  governmental,  administrative and other services connected with or inci-
   31  dental to transportation of persons and property and the  promotion  and
   32  protection of port commerce, and providing a central locale for exhibit-
   33  ing  and  otherwise  promoting  the  exchange  and buying and selling of
   34  commodities and property in world trade and  commerce,  will  materially
   35  assist in preserving for the two states and the people thereof the mate-
   36  rial and other benefits of a prosperous port community;
   37    (h) that the port authority, which was created by agreement of the two
   38  states  as  their  joint agent for the development of the transportation
   39  and terminal facilities and other facilities of  commerce  of  the  port
   40  district  and  for the promotion and protection of the commerce of their
   41  port, is the proper agency to act in their behalf (either directly or by
   42  or through wholly-owned subsidiary corporations)  to  effectuate,  as  a
   43  unified project, the said interurban electric railway and its extensions
   44  and the facility of commerce described in paragraph (g) of this subdivi-
   45  sion; and
   46    (i)  that the undertaking of the aforesaid unified project by the port
   47  authority has the single object of preserving, and is part of a  unified
   48  plan  to  aid  in  the  preservation  of, the economic well-being of the
   49  northern New Jersey-New York metropolitan area and is found  and  deter-
   50  mined to be in the public interest.
   51    2.  The  following  terms as used in this act shall have the following
   52  meanings:
   53    (a) "Bonds" shall mean bonds, notes, securities or  other  obligations
   54  or evidences of indebtedness;
   55    (b)  "Effectuation" of a project or any facility or part of a facility
   56  constituting a portion of a project shall include but not be limited  to
       S. 3353                            134
    1  its  establishment, acquisition, construction, development, maintenance,
    2  operation, improvement (by way of betterments, additions  or  otherwise)
    3  and rehabilitation;
    4    (c)  "Exchange place terminal area" shall mean the area in the city of
    5  Jersey City, state of New Jersey, bounded generally  by  Exchange  place
    6  and  Montgomery  street,  by  Warren  street, by Pearl street, by Greene
    7  street, and by Morgan street as extended to the  bulkhead  line  and  by
    8  said bulkhead line, together with such additional contiguous area as may
    9  be agreed upon from time to time between the port authority and the said
   10  city;
   11    (d)  "General reserve fund statutes" shall mean chapter forty-eight of
   12  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
   13  continued by article VI of this chapter, and chapter five of the laws of
   14  New  Jersey  of  nineteen  hundred  thirty-one  as amended, and "general
   15  reserve fund" shall mean the general reserve fund of the port  authority
   16  authorized by said statutes;
   17    (e)  "Hudson  tubes"  shall  mean that portion of the port development
   18  project constituting a railroad facility consisting of the  four  inter-
   19  state  rail  tunnels  under  the Hudson river now or heretofore owned or
   20  operated by the Hudson & Manhattan railroad company,  the  rail  transit
   21  lines  of the Hudson tubes, the balance of the interurban electric rail-
   22  way system in and through said tunnels and over  said  lines  and  inci-
   23  dental  thereto  (including but not limited to the portion of such lines
   24  and system now or heretofore operated jointly by said  railroad  company
   25  and  the  Pennsylvania  railroad  company), terminals, including but not
   26  limited to terminals in the Hudson tubes-world trade center area, in the
   27  Journal square terminal area and in the Exchange  place  terminal  area,
   28  and other related railroad property;
   29    (f)  "Hudson  tubes  extensions" shall mean those portions of the port
   30  development  project  constituting  passenger  railroad  facilities  (1)
   31  extending directly from the rail transit lines of the Hudson tubes, over
   32  new  rail transit lines or on or over the existing rail transit lines of
   33  other railroads, to transfer facilities in the rail  passenger  transfer
   34  area,  for  the  transfer  of passengers of the Hudson tubes to and from
   35  other railroads, and (2) extending from Pennsylvania station in the city
   36  of Newark, state of New Jersey, over new rail transit  lines  or  on  or
   37  over the existing rail transit lines of other railroads, to the vicinity
   38  of  the city of Plainfield, state of New Jersey, including construction,
   39  reconstruction and improvement of necessary stations in and between  the
   40  city of Newark and the vicinity of the city of Plainfield, together with
   41  such  additional  rail  or other mass transportation, terminal, station,
   42  parking, storage and service facilities as operations may  require,  and
   43  shall include a connection to provide improved access to Newark interna-
   44  tional  airport if and to the extent such connection shall not be other-
   45  wise provided by the port authority as air terminal facilities for  said
   46  airport,  and  (3) consisting of the following improvements to passenger
   47  railroad lines connecting  with  the  Hudson  tubes:  (i)  direct  track
   48  connections  between  the rail transit lines of the Morris & Essex divi-
   49  sion of the Erie-Lackawanna railroad and the Penn Central transportation
   50  company in the vicinity of the town  of  Kearny  in  the  state  of  New
   51  Jersey,  (ii)  replacement  of the railroad bridge (known as the "portal
   52  bridge") operated by the Penn Central transportation company across  the
   53  Hackensack river, (iii) direct track connections between the rail trans-
   54  it  lines  of the Bergen branch and the mail line of the Erie-Lackawanna
   55  railroad in the vicinity of the town of Secaucus in  the  state  of  New
   56  Jersey  and  between  the new joint line resulting from such connections
       S. 3353                            135
    1  and the rail transit lines of the Penn Central transportation company in
    2  the vicinity of the town of Secaucus in the state of New Jersey, (iv)  a
    3  new  railroad  yard in the vicinity of the town of Secaucus in the state
    4  of New Jersey for the accommodation of railroad passenger equipment, (v)
    5  improvements  to  Pennsylvania station in the city of New York, state of
    6  New York, and to its railroad approaches from the state of  New  Jersey,
    7  as  necessary  or  desirable to improve operations and to increase train
    8  and passenger handling capacity, and (vi) such additional rail or  other
    9  mass  transportation,  terminal,  station,  parking, storage and service
   10  facilities as operations may require with respect to any of the projects
   11  identified in this subparagraph or any of the foregoing or  any  portion
   12  thereof; and, in addition thereto, other related railroad property;
   13    (g)  "Hudson tubes-world trade center area" shall mean the area in the
   14  borough of Manhattan, city and state of New York, bounded  generally  by
   15  the  east  side  of Church street on the east, the south side of Liberty
   16  street and the south side of Liberty street extended on the  south,  the
   17  Hudson  river  on  the west, and on the north by a line beginning at the
   18  point of intersection of the Hudson river and the north  side  of  Vesey
   19  street  extended,  running along the north side of Vesey street extended
   20  and the north side of Vesey  street  to  the  west  side  of  Washington
   21  street,  then along the west side of Washington street to the north side
   22  of Barclay street, then along the north side of Barclay  street  to  the
   23  east side of West Broadway, then along the east side of West Broadway to
   24  the  north  side  of  Vesey  street,  then along the north side of Vesey
   25  street to the east side of Church street, together with such  additional
   26  contiguous area as may be agreed upon from time to time between the port
   27  authority and the said city;
   28    (h)  "Journal square terminal area" shall mean the area in the city of
   29  Jersey City, state of New Jersey, bounded generally by  Journal  square,
   30  Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together
   31  with  such additional contiguous area as may be agreed upon from time to
   32  time between the port authority and the said city;
   33    (i) "Municipality" shall mean a county, city, borough, village,  town,
   34  township  or  other  similar  political  subdivision  of New York or New
   35  Jersey;
   36    (j) "Parking facilities" forming a part of the Hudson tubes or  Hudson
   37  tubes  extensions  shall  mean one or more areas, buildings, structures,
   38  improvements or other accommodations  or  appurtenances  at  or  in  the
   39  vicinity  of any terminal or station of the Hudson tubes or Hudson tubes
   40  extensions and necessary, convenient or desirable in the opinion of  the
   41  port  authority for the parking of motor vehicles of users of the Hudson
   42  tubes or the Hudson tubes extensions  and  of  members  of  the  general
   43  public  and  for  the parking and storage of omnibuses and railroad cars
   44  serving users of the Hudson tubes or the Hudson tubes extensions and for
   45  the transfer of the operators and passengers  of  such  motor  vehicles,
   46  omnibuses  and railroad cars to and from the railroad cars of the Hudson
   47  tubes or the Hudson tubes extensions, and for purposes incidental there-
   48  to;
   49    (k) "Purposes of this article" shall mean the effectuation of the port
   50  development project and of each facility constituting a portion  thereof
   51  and of each part of each such facility, and purposes incidental thereto;
   52    (l) "Rail passenger transfer area" shall mean the area in the state of
   53  New  Jersey bounded as follows: beginning on the west bank of the Hudson
   54  river at the southerly side of the right-of-way of the Central  railroad
   55  of  New  Jersey easterly of the Communipaw station in the city of Jersey
   56  City, thence northwestwardly along said southerly side of the  right-of-
       S. 3353                            136
    1  way  of  the Central railroad of New Jersey through the cities of Jersey
    2  City and Kearny to Broad street in the city of Newark; thence northward-
    3  ly along Broad street to  Clay  street,  thence  eastwardly  along  Clay
    4  street  to  the boundary between the counties of Hudson and Essex in the
    5  Passaic river, thence northwardly along  said  boundary  to  its  inter-
    6  section  with  the  boundary  line  between  the  counties of Bergen and
    7  Hudson, thence eastwardly and northwardly along  said  boundary  to  New
    8  Jersey  state  highway  route  three, thence eastwardly along said route
    9  three, the Lincoln tunnel viaduct and a line  in  continuation  of  said
   10  viaduct  and  tunnel to the west bank of the Hudson river, thence south-
   11  wardly along said west bank to the point and place of beginning;
   12    (m) "Rail transit lines" shall mean right-of-way and related trackage,
   13  and the "rail transit lines of the Hudson tubes"  shall  mean  the  rail
   14  transit lines beginning at the Market street station of the Pennsylvania
   15  railroad  company in the city of Newark, state of New Jersey and extend-
   16  ing generally (i) eastwardly along the joint service and operating route
   17  now or heretofore used by the Hudson & Manhattan  railroad  company  and
   18  the  Pennsylvania  railroad  company  to the point of connection thereof
   19  with the tracks now or formerly  of  the  Hudson  &  Manhattan  railroad
   20  company  in  or  about  the  Journal  square  terminal area; thence (ii)
   21  continuing eastwardly along the tracks and right-of-way now  or  hereto-
   22  fore used by the Hudson & Manhattan railroad company through the city of
   23  Jersey  City,  state  of  New  Jersey  and through the tunnels under the
   24  waters of the Hudson river and through Cortlandt and Fulton  streets  in
   25  the  borough  of  Manhattan,  city  and  state of New York to the Hudson
   26  terminal in the Hudson tubes-world trade center area; with a branch from
   27  the aforesaid route from a point located between the  Grove  street  and
   28  Exchange  place  stations  in  said  city of Jersey City northwardly and
   29  eastwardly to the Hoboken terminal station in the city of Hoboken, state
   30  of New Jersey and with a second branch from said first branch eastwardly
   31  and through the tunnels under the waters of the Hudson river to the said
   32  borough of Manhattan passing  through  or  adjacent  to  Morton  street,
   33  Greenwich  street,  Christopher  street  and  the avenue of the Americas
   34  (formerly Sixth avenue) to the West Thirty-third street terminal in said
   35  borough of Manhattan; and rail transit lines of the Hudson tubes and  of
   36  the Hudson tubes extensions shall in each case include such rail transit
   37  lines  as the port authority may deem necessary, convenient or desirable
   38  to and from parking facilities, storage yards,  maintenance  and  repair
   39  shops and yards forming part thereof;
   40    (n)  "Real  property"  shall  mean  lands,  structures, franchises and
   41  interests in land, waters, lands under water and riparian rights and any
   42  and all things and rights included within said term,  and  includes  not
   43  only fees simple absolute but also any and all lesser interests, includ-
   44  ing  but not limited to easements, rights-of-way, uses, leases, licenses
   45  and all other incorporeal hereditaments and every  estate,  interest  or
   46  right,  legal or equitable, including terms for years, and liens thereon
   47  by way of judgments, mortgages or otherwise;
   48    (o)  "Related  railroad  property"  shall  mean  any  property,  real,
   49  personal or mixed, necessary, convenient or desirable, in the opinion of
   50  the  port authority, to the effectuation of a railroad facility which is
   51  a portion of the port development project and shall include but  not  be
   52  limited  to  rail  transit  lines;  terminals and stations; power, fuel,
   53  communication, signal and ventilation systems; cars  and  other  rolling
   54  stock; storage yards; repair and maintenance shops, yards, equipment and
   55  parts;  parking  facilities; transfer facilities for transfer of passen-
   56  gers between such railroad facility and other  railroads  or  omnibuses;
       S. 3353                            137
    1  offices; and other buildings, structures, improvements, areas, equipment
    2  or  supplies; and, in the case of buildings, structures, improvements or
    3  areas in which any one or more of such railroad functions  are  accommo-
    4  dated  shall  include all of such buildings, structures, improvements or
    5  areas notwithstanding that portions thereof may not be devoted to any of
    6  the purposes of the port development project other than  the  production
    7  of  incidental  revenue available for the expenses of all or part of the
    8  port development project, except that in the  Hudson  tubes-world  trade
    9  center  area the portions of such buildings, structures, improvements or
   10  areas constructed or established pursuant to this article which are  not
   11  devoted  primarily  to  railroad functions, activities or services or to
   12  functions, activities or  services  for  railroad  passengers  shall  be
   13  deemed a part of the world trade center and not related railroad proper-
   14  ty;
   15    (p) "Surplus revenues" from any facility shall mean the balance of the
   16  revenues  from  such facility (including but not limited to the revenues
   17  of any subsidiary corporation incorporated for any of  the  purposes  of
   18  this  act)  remaining  at  any  time  currently in the hands of the port
   19  authority after the deduction of the current expenses of  the  operation
   20  and  maintenance thereof, including a proportion of the general expenses
   21  of the port authority as it  shall  deem  properly  chargeable  thereto,
   22  which  general  expenses shall include but not be limited to the expense
   23  of protecting and promoting the commerce of the port district, and after
   24  the deduction of any amounts which the port authority may  or  shall  be
   25  obligated  or  may or shall have obligated itself to pay to or set aside
   26  out of the current revenues therefrom for the benefit of the holders  of
   27  any  bonds  legal  for investment as defined in the general reserve fund
   28  statutes;
   29    (q) "Surplus revenues of the port development project" shall mean  the
   30  surplus  revenues  of  the Hudson tubes, the Hudson tubes extensions and
   31  the world trade center; and
   32    (r) "World trade center" shall mean that portion of the port  develop-
   33  ment  project  constituting  a facility of commerce consisting of one or
   34  more buildings, structures, improvements and areas necessary, convenient
   35  or desirable in the opinion of the port authority  for  the  centralized
   36  accommodation of functions, activities and services for or incidental to
   37  the  transportation of persons, the exchange, buying, selling and trans-
   38  portation of commodities and other property in world trade and commerce,
   39  the promotion and protection of such trade  and  commerce,  governmental
   40  services  related  to  the  foregoing  and  other governmental services,
   41  including but not limited to custom houses, customs  stores,  inspection
   42  and  appraisal facilities, foreign trade zones, terminal and transporta-
   43  tion  facilities,  parking  areas,  commodity  and  security  exchanges,
   44  offices,  storage,  warehouse,  marketing  and exhibition facilities and
   45  other facilities and accommodations for persons and property and, in the
   46  case of buildings, structures, improvements  and  areas  in  which  such
   47  accommodation  is  afforded, shall include all of such buildings, struc-
   48  tures, improvements and areas other than portions devoted  primarily  to
   49  railroad  functions,  activities or services or to functions, activities
   50  or services for railroad passengers, notwithstanding that other portions
   51  of such buildings, structures, improvements and areas may not be devoted
   52  to purposes of the port development project other than the production of
   53  incidental revenue available for the expenses of all or part of the port
   54  development project.
   55    3. In furtherance of the aforesaid findings and determinations and  in
   56  partial effectuation of and supplemental to the comprehensive plan here-
       S. 3353                            138
    1  tofore  adopted  by  the two said states for the development of the said
    2  port district, the port authority is hereby authorized and empowered  to
    3  establish,  acquire,  construct,  effectuate, develop, own, lease, main-
    4  tain,  operate, improve and rehabilitate a project herein referred to as
    5  the port development project, which  shall  consist  of  a  facility  of
    6  commerce  herein  referred  to  as the world trade center, to be located
    7  within the Hudson tubes-world trade center area, and railroad facilities
    8  herein referred to as the Hudson tubes and the Hudson tubes  extensions.
    9  The  port  authority  shall  proceed as rapidly as may be practicable to
   10  accomplish the purposes of this article.
   11    The port authority is hereby authorized and  empowered  to  establish,
   12  levy  and  collect such rentals, tolls, fares, fees and other charges as
   13  it may deem necessary, proper or desirable in connection with any facil-
   14  ity or part of any facility constituting a portion of the port  develop-
   15  ment  project and to issue bonds for any of the purposes of this article
   16  and to provide for payment thereof, with interest upon and  the  amorti-
   17  zation and retirement of such bonds, and to secure all or any portion of
   18  such  bonds by a pledge of such rentals, tolls, fares, fees, charges and
   19  other revenues or any part thereof (including but  not  limited  to  the
   20  revenues  of  any  subsidiary  corporation  incorporated  for any of the
   21  purposes of this article), and to secure all  or  any  portion  of  such
   22  bonds  by  mortgages  upon  any  property held or to be held by the port
   23  authority (or by  any  such  subsidiary  corporation)  for  any  of  the
   24  purposes of this article, and for any of the purposes of this article to
   25  exercise  all appropriate powers heretofore or hereafter delegated to it
   26  by the states of New York and New Jersey, including, but not limited to,
   27  those expressly set forth in this article.  The surplus revenues of  the
   28  port  development  project may be pledged in whole or in part as herein-
   29  after provided.
   30    Unless and until hereafter expressly authorized by the two states  the
   31  port  authority  shall not: (a) operate or permit operation by others of
   32  its Hudson tubes railroad cars or other rolling stock  or  equipment  or
   33  Hudson  tubes  extensions railroad cars or other rolling stock or equip-
   34  ment except upon the rail transit lines of the Hudson tubes  or  of  the
   35  Hudson  tubes  extensions and also between the Market street station and
   36  the South street station of the Pennsylvania  railroad  company  in  the
   37  city  of  Newark,  state  of  New Jersey; or (b) except by way of Hudson
   38  tubes extensions as herein defined, make additions, betterments or other
   39  improvements to or of said Hudson tubes or Hudson  tubes  extensions  by
   40  way  of extensions of their rail transit lines. Nothing herein contained
   41  shall be deemed to prevent the making by  the  port  authority  of  such
   42  joint service or other agreements with railroads as it shall deem neces-
   43  sary, convenient or desirable for the use of the Hudson tubes and Hudson
   44  tubes  extensions  by the railroad cars or other rolling stock or equip-
   45  ment of such railroads and the acquisition of the rights of any  or  all
   46  parties  in any joint service or other agreements the Hudson & Manhattan
   47  railroad company or its successors shall have made with other  railroads
   48  for  such  use of the Hudson tubes. The port authority shall not proceed
   49  with the effectuation of any railroad or railroad facility  in  addition
   50  to  the  Hudson  tubes  and  the Hudson tubes extensions until hereafter
   51  expressly authorized by the two states. Nothing contained in this  arti-
   52  cle  shall  authorize  or  empower  the  port  authority  to  establish,
   53  construct or otherwise effectuate an air terminal.
   54    4. The moneys in the general reserve fund may be pledged in  whole  or
   55  in  part  by  the port authority as security for or applied by it to the
   56  repayment with interest of any moneys which  it  may  raise  upon  bonds
       S. 3353                            139
    1  issued  or  incurred  by it from time to time for any of the purposes of
    2  this article or upon bonds secured in whole or in part by the pledge  of
    3  the revenues from the port development project or any portion thereof or
    4  upon bonds both so issued or incurred and so secured;  and the moneys in
    5  said  general  reserve  fund may be applied by the port authority to the
    6  fulfillment of any other undertakings which it may assume to or for  the
    7  benefit of the holders of any such bonds.
    8    Subject  to prior liens and pledges (and to the obligation of the port
    9  authority to apply revenues to the maintenance of  its  general  reserve
   10  fund in the amount prescribed by the general reserve fund statutes), the
   11  revenues from facilities established, constructed, acquired or otherwise
   12  effectuated  through the issuance or sale of bonds of the port authority
   13  secured in whole or in part by a pledge of its general reserve  fund  or
   14  any  portion  thereof may be pledged in whole or in part as security for
   15  or applied by it to any of the purposes of this article,  including  the
   16  repayment  with  interest  of  any  moneys which it may raise upon bonds
   17  issued or incurred from time to time for any of  the  purposes  of  this
   18  article  or  upon bonds secured in whole or in part by the pledge of the
   19  revenues of the port authority from the port development project or  any
   20  portion thereof or upon bonds both so issued or incurred and so secured;
   21  and  said  revenues may be applied by the port authority to the fulfill-
   22  ment of any other undertakings which it may assume to or for the benefit
   23  of the holders of such bonds.
   24    5. In all cases where the port authority has raised or shall hereafter
   25  raise moneys for any of the purposes of this article by  the  issue  and
   26  sale  of  bonds which are secured in whole or in part by a pledge of the
   27  general reserve fund or any portion thereof, the surplus  revenues  from
   28  any  facility constituting a portion of the port development project and
   29  financed in whole or in part out of the proceeds of such bonds  and  the
   30  surplus  revenue  from  any  other  port  authority facility the surplus
   31  revenues of which at such time may be payable into the  general  reserve
   32  fund shall be pooled and applied by the port authority to the establish-
   33  ment  and  maintenance of the general reserve fund in an amount equal to
   34  one-tenth of the par value of all bonds legal for investment, as defined
   35  in the general reserve fund statutes, issued by the port  authority  and
   36  currently  outstanding,  including  such  bonds  issued  for  any of the
   37  purposes of this article; and all such moneys in  said  general  reserve
   38  fund  may  be  pledged and applied in the manner provided in the general
   39  reserve fund statutes.
   40    In the event that any time the balance of moneys theretofore paid into
   41  the general reserve fund and  not  applied  therefrom  shall  exceed  an
   42  amount equal to one-tenth of the par value of all bonds upon the princi-
   43  pal  amount  of  which  the amount of the general reserve fund is calcu-
   44  lated, by reason of the retirement of bonds issued or incurred from time
   45  to time for any of the purposes of this article the par value  of  which
   46  had  theretofore  been included in the computation of said amount of the
   47  general reserve fund, then the port authority may pledge or  apply  such
   48  excess  for  and only for the purposes for which it is authorized by the
   49  general reserve fund statutes  to  pledge  the  moneys  in  the  general
   50  reserve  fund  and  such  pledge may be made in advance of the time when
   51  such excess may occur.
   52    6. The two states covenant and agree with  each  other  and  with  the
   53  holders  of  any affected bonds, as hereinafter defined, that so long as
   54  any of such bonds remain outstanding and unpaid and the holders  thereof
   55  shall  not  have  given their consent as provided in their contract with
   56  the port authority, the two states will not diminish or impair the power
       S. 3353                            140
    1  of the port authority (or any subsidiary  corporation  incorporated  for
    2  any  of  the  purposes  of  this article) to establish, levy and collect
    3  rentals, tolls, fares, fees or other  charges  in  connection  with  any
    4  facility  constituting  a portion of the port development project or any
    5  other facility owned or operated by the  port  authority  of  which  the
    6  revenues  have  been or shall be pledged in whole or in part as security
    7  for such bonds (directly or indirectly, or through  the  medium  of  the
    8  general reserve fund or otherwise), or to determine the quantity, quali-
    9  ty,  frequency or nature of the service provided in connection with each
   10  such facility.
   11    "Affected bonds" as used in this subdivision shall mean bonds  of  the
   12  port authority issued or incurred by it from time to time for any of the
   13  purposes  of  this  article  or bonds as security for which there may or
   14  shall be pledged, in whole or in part, the general reserve fund  or  any
   15  reserve  fund  established  by  or pursuant to contract between the port
   16  authority and the holders of such bonds, or the revenues  of  the  world
   17  trade center, Hudson tubes, Hudson tubes extensions or any other facili-
   18  ty owned or operated by the port authority any surplus revenues of which
   19  would  be payable into the general reserve fund, or bonds both so issued
   20  or incurred and so secured.
   21    7. The port authority is authorized and empowered to  co-operate  with
   22  the  states  of New York and New Jersey, with any municipality, with the
   23  federal government and with any agency or commission of any one or  more
   24  of the foregoing, or with any one or more of them, for and in connection
   25  with  the  acquisition,  clearance,  replanning,  rehabilitation, recon-
   26  struction or redevelopment of the Hudson tubes-world trade  center  area
   27  or  of  any  other area forming part of the port development project for
   28  the purpose of renewal and improvement of said area and for any  of  the
   29  purposes  of  this article, and to enter into an agreement or agreements
   30  (and from time to time to enter into agreements amending or  supplement-
   31  ing  the same) with any such municipality, commission or agency and with
   32  the states of New York and New Jersey and with the  federal  government,
   33  or  with  any  one  or  more  of them, for or relating to such purposes,
   34  including but not  limited  to  agreements  with  respect  to  financial
   35  assistance, loans and grants as provided in title one of the housing act
   36  of  nineteen  hundred  forty-nine  and  all  federal laws amendatory and
   37  supplemental thereto and with respect to occupancy of space in the  port
   38  development  project.  The  port  authority  is  hereby  authorized  and
   39  empowered to apply for and accept financial assistance, loans and grants
   40  for such purposes under federal, state or local laws, and to make appli-
   41  cation directly to the proper officials  or  agencies  for  and  receive
   42  federal, state or local loans or grants in aid of any of the purposes of
   43  this article.
   44    8.  If  the  port  authority  shall find it necessary or convenient to
   45  acquire any real property for Narrows bridge purposes (including  tempo-
   46  rary construction, rehabilitation or improvement), whether for immediate
   47  or future use, the port authority may find and determine that such prop-
   48  erty,  whether  a  fee simple absolute or a lesser interest, is required
   49  for a public use, and upon such determination the said property shall be
   50  and shall be deemed to be required for such public use  until  otherwise
   51  determined  by  the  port authority, and such determination shall not be
   52  affected by the fact that such property has theretofore been  taken  for
   53  and  is then devoted to a public use; but the public use in the hands of
   54  or under the control of the port authority shall be deemed  superior  to
   55  the  public  use in the hands of any other person, association or corpo-
   56  ration. If the port authority shall  find  it  necessary  or  convenient
       S. 3353                            141
    1  hereunder to acquire any real property which is then devoted to a public
    2  use,  the  port authority shall have power to exchange or substitute any
    3  other real property for such real property upon terms agreed to  by  the
    4  port  authority  and the owner of such property then devoted to a public
    5  use, and to find and determine that such other  real  property  is  also
    6  required  for a public use; upon such determination the said other prop-
    7  erty shall be and shall 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  and 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    9. The states of New York and New  Jersey  hereby  consent  to  suits,
   27  actions  or  proceedings  by any municipality against the port authority
   28  upon, in connection with or arising out of any agreement, or any  amend-
   29  ment  thereof,  entered into for any of the purposes of this article, as
   30  follows:
   31    (a) for judgments, orders or decrees restraining or enjoining the port
   32  authority from transferring title to real property to other  persons  in
   33  cases  where  it  has agreed with said municipality for transfer of such
   34  title to the municipality;  and
   35    (b) for judgments, orders or decrees restraining or enjoining the port
   36  authority from committing or continuing to commit other breaches of such
   37  agreement or any amendment thereof;  provided, that such judgment, order
   38  or decree shall not be entered  except  upon  two  days'  prior  written
   39  notice  to  the  port  authority  of  the  proposed entry thereof;   and
   40  provided further that upon appeal taken by the port authority from  such
   41  judgment,  order  or  decree  the  service of the notice of appeal shall
   42  perfect the appeal and stay the execution of  such  judgment,  order  or
   43  decree appealed from without an undertaking or other security.
   44    Nothing  herein contained shall be deemed to revoke, rescind or affect
   45  any consent to suits, actions, or proceedings against the port authority
   46  heretofore given by the two said states in chapter three hundred one  of
   47  the  laws of New York of nineteen hundred fifty and continued by article
   48  XXV of this chapter, and chapter two hundred four of  the  laws  of  New
   49  Jersey of nineteen hundred fifty-one.
   50    10.  The  effectuation of the world trade center, the Hudson tubes and
   51  the Hudson tubes extensions, or any of such  facilities  constituting  a
   52  portion of the port development project, are and will be in all respects
   53  for  the benefit of the people of the states of New York and New Jersey,
   54  for the increase of their commerce and prosperity and for  the  improve-
   55  ment  of  their health and living conditions; and the port authority and
   56  any subsidiary corporation incorporated for any of the purposes of  this
       S. 3353                            142
    1  article  shall be regarded as performing an essential governmental func-
    2  tion in undertaking the effectuation thereof, and in  carrying  out  the
    3  provisions of law relating thereto.
    4    11.  The  port  authority shall be required to pay no taxes or assess-
    5  ments upon any of the property acquired or used by it  for  any  of  the
    6  purposes  of this article or upon any deed, mortgage or other instrument
    7  affecting such property or upon the recording of  any  such  instrument.
    8  However,  to  the  end  that  no municipality shall suffer undue loss of
    9  taxes and assessments by reason of  the  acquisition  and  ownership  of
   10  property  by the port authority for any of the purposes of this article,
   11  the  port  authority  is  hereby  authorized  and  empowered,   in   its
   12  discretion,  to  enter into a voluntary agreement or agreements with any
   13  municipality whereby the port authority will undertake to pay in lieu of
   14  taxes a fair and reasonable sum or sums annually in connection with  any
   15  real  property  acquired  and owned by the port authority for any of the
   16  purposes of this article.  Such sums in connection with any real proper-
   17  ty acquired and owned by the port authority for any of the  purposes  of
   18  this article shall not be more than the sum last paid as taxes upon such
   19  real  property prior to the time of its acquisition by the port authori-
   20  ty;   provided, however, that in connection  with  any  portion  of  the
   21  Hudson  tubes-world  trade  center  area  acquired and owned by the port
   22  authority for any of the purposes of this article, after  such  property
   23  is  improved pursuant to this article with world trade center buildings,
   24  structures or improvements greater in value than the  buildings,  struc-
   25  tures  or  improvements  on such Hudson tubes-world trade center area at
   26  the time of its acquisition by the port authority, then, with regard  to
   27  such greater value, such sum or sums may be increased by such additional
   28  sum  or  sums  annually as may be agreed upon between the port authority
   29  and the city of New York which will not include any consideration of the
   30  exhibit areas of the world trade center or of any areas which  would  be
   31  tax  exempt  in  their own right if title were in the governmental occu-
   32  pants or of other areas accommodating services for the public or devoted
   33  to general public use.  Each such municipality is hereby authorized  and
   34  empowered  to  enter  into  such  agreement  or agreements with the port
   35  authority and to accept the payment or payments which the port authority
   36  is hereby authorized and empowered to make, and the sums so received  by
   37  such  municipality  shall  be  devoted to purposes to which taxes may be
   38  applied unless and until otherwise directed by law of the state in which
   39  such municipality is located.
   40    12. All details of the effectuation,  including  but  not  limited  to
   41  details  of  financing,  leasing,  rentals, tolls, fares, fees and other
   42  charges, rates, contracts and service, of the world  trade  center,  the
   43  Hudson tubes and the Hudson tubes extensions by the port authority shall
   44  be  within  its  sole discretion and its decision in connection with any
   45  and all matters concerning the world trade center, the Hudson tubes  and
   46  the  Hudson  tubes  extensions  shall be controlling and conclusive. The
   47  local laws, resolutions, ordinances, rules and regulations of  the  city
   48  of New York shall apply to such world trade center if so provided in any
   49  agreement  between  the  port  authority  and the city and to the extent
   50  provided in any such agreement.
   51    So long as any facility constituting a portion of the port development
   52  project shall be owned, controlled or operated  by  the  port  authority
   53  (either  directly  or  through a subsidiary corporation incorporated for
   54  any of the purposes of this article), no agency, commission  or  munici-
   55  pality  of either or both of the two states shall have jurisdiction over
   56  such facility nor shall any such agency, commission or municipality have
       S. 3353                            143
    1  any jurisdiction over the terms or method of effectuation of all or  any
    2  portion  thereof  by the port authority (or such subsidiary corporation)
    3  including but not limited to the transfer of all or any portion  thereof
    4  to or by the port authority (or such subsidiary corporation).
    5    Nothing  in this article shall be deemed to prevent the port authority
    6  from establishing, acquiring, owning, leasing, constructing,  effectuat-
    7  ing, developing, maintaining, operating, rehabilitating or improving all
    8  or  any  portion  of  the  port development project through wholly owned
    9  subsidiary corporations of the port authority or from transferring to or
   10  from any such corporations any moneys, real property or  other  property
   11  for  any  of  the  purposes of this article. If the port authority shall
   12  determine from time to time to form such  a  subsidiary  corporation  it
   13  shall  do  so by executing and filing with the secretary of state of New
   14  York and the secretary of state of New Jersey a certificate of  incorpo-
   15  ration,  which may be amended from time to time by similar filing, which
   16  shall set forth the name of such subsidiary corporation,  its  duration,
   17  the  location  of its principal office, and the purposes of the incorpo-
   18  ration which shall be one or  more  of  the  purposes  of  establishing,
   19  acquiring,  owning,  leasing,  constructing,  effectuating,  developing,
   20  maintaining, operating, rehabilitating or improving all or  any  portion
   21  of  the  port  development  project.    The directors of such subsidiary
   22  corporation shall be the same persons holding the offices of commission-
   23  ers of the port authority.  Such subsidiary corporation shall  have  all
   24  the  powers vested in the port authority itself for the purposes of this
   25  article except that it shall not have  the  power  to  contract  indebt-
   26  edness.   Such subsidiary corporation and any of its property, functions
   27  and activities  shall  have  all  of  the  privileges,  immunities,  tax
   28  exemptions  and  other  exemptions of the port authority and of the port
   29  authority's property, functions and activities.  Such subsidiary  corpo-
   30  ration shall be subject to the restrictions and limitations to which the
   31  port  authority  may  be  subject,  including,  but  not  limited to the
   32  requirement that no action taken at any meeting of the board  of  direc-
   33  tors of such subsidiary corporation shall have force or effect until the
   34  governors  of  the  two  states  shall  have an opportunity, in the same
   35  manner and within the same time as now or hereafter provided by law  for
   36  approval  or  veto of actions taken at any meeting of the port authority
   37  itself, to approve or veto such action.    Such  subsidiary  corporation
   38  shall  be  subject  to  suit in accordance with subdivision nine of this
   39  section and chapter three hundred one of the laws of New York  of  nine-
   40  teen  hundred  fifty  as  continued  by article XXV of this chapter, and
   41  chapter two hundred four of the laws of New Jersey of  nineteen  hundred
   42  fifty-one  as  if  such  subsidiary  corporation were the port authority
   43  itself.   Such subsidiary  corporation  shall  not  be  a  participating
   44  employer  under  the  New York retirement and social security law or any
   45  similar law of either state and the employees  of  any  such  subsidiary
   46  corporation,  except those who are also employees of the port authority,
   47  shall not be deemed employees of the port authority.
   48    Whenever any state, municipality, commission, agency, officer, depart-
   49  ment, board or division is authorized  and  empowered  for  any  of  the
   50  purposes  of  this  article to co-operate and enter into agreements with
   51  the port authority or to grant any consent to the port authority  or  to
   52  grant,  convey,  lease  or  otherwise  transfer any property to the port
   53  authority or to execute any document, such state, municipality,  commis-
   54  sion, agency, officer, department, board or division shall have the same
   55  authorization and power for any of such purposes to co-operate and enter
   56  into  agreements  with such subsidiary corporation and to grant consents
       S. 3353                            144
    1  to such subsidiary corporation and to grant, convey, lease or  otherwise
    2  transfer  property  to  such subsidiary corporation and to execute docu-
    3  ments for such subsidiary corporation.
    4    13. The bonds issued by the port authority to provide funds for any of
    5  the  purposes  of  this  article are hereby made securities in which all
    6  state and municipal officers and bodies of both states, all trust compa-
    7  nies and banks other than savings banks, all building and  loan  associ-
    8  ations,  savings  and  loan associations, investment companies and other
    9  persons carrying on a commercial banking business, all insurance  compa-
   10  nies,  insurance associations and other persons carrying on an insurance
   11  business, and all administrators,  executors,  guardians,  trustees  and
   12  other  fiduciaries, and all other persons whatsoever (other than savings
   13  banks), who are now or may hereafter be authorized by  either  state  to
   14  invest  in  bonds  of  such  state,  may properly and legally invest any
   15  funds, including capital, belonging to them or within their control, and
   16  said bonds are hereby made securities which may properly and legally  be
   17  deposited  with  and shall be received by any state or municipal officer
   18  or agency of either state for any purpose for which the deposit of bonds
   19  of such state is now or may hereafter be authorized.   The bonds  issued
   20  by  the  port authority to provide funds for any of the purposes of this
   21  article as security for which the general reserve fund shall  have  been
   22  pledged  in  whole  or  in  part are hereby made securities in which all
   23  savings banks also may properly and legally invest any funds,  including
   24  capital, belonging to them or within their control.
   25    14.    If  the  port  authority shall find it necessary, convenient or
   26  desirable to acquire (either directly or  through  a  subsidiary  corpo-
   27  ration)  from  time to time any real property or any property other than
   28  real property (including but not limited to contract  rights  and  other
   29  intangible  personal  property and railroad cars or other rolling stock,
   30  maintenance and repair equipment and  parts,  fuel  and  other  tangible
   31  personal property), for any of the purposes of this article, whether for
   32  immediate  or  future  use  (including temporary construction, rehabili-
   33  tation or improvement), the port authority may find and  determine  that
   34  such  property,  whether  a fee simple absolute or a lesser interest, is
   35  required for a public use, and upon such determination the said property
   36  shall be and shall be deemed to be required for such  public  use  until
   37  otherwise determined by the port authority, and such determination shall
   38  not  be  affected  by  the  fact that such property has theretofore been
   39  taken for and is then devoted to a public use; but the public use in the
   40  hands of or under the control of the  port  authority  shall  be  deemed
   41  superior to the public use in the hands of any other person, association
   42  or corporation.
   43    The  port authority may acquire and is hereby authorized so to acquire
   44  from time to time, for any of the purposes of this article, such proper-
   45  ty, whether a fee simple absolute or a  lesser  estate,  (including  the
   46  exercise  of  the  right  of  eminent  domain) under and pursuant to the
   47  provisions of the eminent domain procedure law of the state of New  York
   48  in  the  case  of property located in or having its situs in such state,
   49  and revised statutes of New Jersey, title twenty: one-one  et  seq.,  in
   50  the  case  of property located in or having its situs in such state, or,
   51  at the option of the port authority, as provided in section  fifteen  of
   52  chapter  forty-three  of  the  laws  of  New  Jersey of nineteen hundred
   53  forty-seven, as amended, in the case of property located  in  or  having
   54  its  situs in such state, or pursuant to such other and alternate proce-
   55  dure as may be provided by law of the state in which  such  property  is
   56  located  or  has its situs; and all of said statutes for the acquisition
       S. 3353                            145
    1  of real property shall, for any of the  purposes  of  this  article,  be
    2  applied  also  to  the  acquisition of other property authorized by this
    3  subdivision,  except  that  such  provisions  as  pertain  to   surveys,
    4  diagrams,  maps,  plans  or  profiles,  assessed valuation, lis pendens,
    5  service of notice and papers, filing in the office of the clerk in which
    6  the real property affected is situated and such other provisions  as  by
    7  their  nature cannot be applicable to property other than real property,
    8  shall not be applicable to the acquisition of such  other  property.  In
    9  the  event  that  any  property  other than real property is acquired by
   10  acquisition then, with respect to such other property,  notice  of  such
   11  proceeding and all subsequent notices or court processes shall be served
   12  upon  the  owners  of such other property and upon the port authority by
   13  personal service or by registered or certified mail, except  as  may  be
   14  otherwise directed by the court.
   15    Anything  herein  to  the contrary notwithstanding, any property to be
   16  acquired for any of the purposes of this article, which  property  shall
   17  not  have been used by its owner or owners or any of his or their prede-
   18  cessors in connection with and shall not have been acquired by its owner
   19  or owners or any of his or their predecessors for use in connection with
   20  the effectuation by a railroad company or companies of the Hudson  tubes
   21  or  the  Hudson  tubes  extensions  prior to port authority acquisition,
   22  shall, if such property is personal property, be acquired only by agree-
   23  ment with the owner or  owners  and  shall,  if  such  property  is  not
   24  personal  property,  be acquired in an action or proceeding in the state
   25  in which such property is  located  or  has  its  situs.  Except  as  so
   26  provided,  the port authority is hereby authorized and empowered, in its
   27  discretion, from time to time to combine any property  which  is  to  be
   28  acquired as aforesaid for any of the purposes of this article for acqui-
   29  sition in a single action or proceeding notwithstanding that part of the
   30  the property so to be acquired is located or has its situs in New Jersey
   31  and  part in New York or is personal property or mixed real and personal
   32  property or may be owned by more than one owner; and, except as  herein-
   33  after provided, each such single action or proceeding to acquire proper-
   34  ty  located  or  having it situs part in New Jersey and part in New York
   35  shall be pursuant to the laws of whichever of the two  said  states  the
   36  port  authority shall estimate contains the greater part in value of all
   37  the property to be acquired in such action  or  proceeding  (hereinafter
   38  sometimes  called  the forum state) and in the court or courts specified
   39  in the laws of the forum state for the acquisition by the port authority
   40  of property located or having its situs in the forum state  pursuant  to
   41  this  article,  in which event, notwithstanding the location or situs of
   42  said property, each of said two states hereby confers upon it said court
   43  or courts jurisdiction of such action or proceeding and the port author-
   44  ity and any subsidiary corporation so acquiring such  property  and  the
   45  owners  of  such  property  shall  be  bound by the judgments, orders or
   46  decrees therein. In any such action or proceeding the court or courts of
   47  the forum state shall apply the laws of valuation  of  the  other  state
   48  (hereinafter  sometimes  called  the nonforum state) to the valuation of
   49  the property which is located or has it situs in the nonforum state  and
   50  shall include in the total compensation to be made to any owner of prop-
   51  erty  in  both  states  being  acquired in such action or proceeding the
   52  increment, if any, in the value of such  property  in  both  states,  by
   53  reason  of  its  being  in  a  single ownership. If a judgment, order or
   54  decree in such an action or proceeding shall best title in or  otherwise
   55  award  to  the  authority the right to possession of property located or
   56  having its situs in the nonforum state, then the court or courts of  the
       S. 3353                            146
    1  nonforum state shall grant full faith and credit to such judgment, order
    2  or  decree  and upon petition by the authority to the court or courts of
    3  the non forum state specified in the laws thereof for the acquisition by
    4  the port authority of property located or having its situs in the nonfo-
    5  rum state pursuant to this act, presenting a true copy of such judgment,
    6  order  or  decree  and  proof  that it is in effect, that any conditions
    7  thereof have been met, that at least five days' notice of such  petition
    8  has  been  served by registered or certified mail upon all owners of the
    9  property affected who appeared in the original action or  proceeding  in
   10  the  forum  state  or  who  may be owners of record, and without further
   11  proof, a judgment, order or decree of such court or courts of the nonfo-
   12  rum state shall be entered granting  the  authority  possession  of  the
   13  property  located or having its situs in the nonforum state and confirm-
   14  ing any title which shall have vested in the authority or its subsidiary
   15  by the judgment, order or decree of the court or  courts  of  the  forum
   16  state.
   17    The  owner  of  any  property acquired for any of the purposes of this
   18  article shall not be awarded for such property any increment  above  the
   19  just compensation required by the constitutions of the United States and
   20  of the state or states in which the property is located or has its situs
   21  by reason of any circumstances whatsoever.
   22    Nothing  herein  contained  shall  be  construed  to  prevent the port
   23  authority from bringing any proceedings to remove a cloud  on  title  or
   24  such  other  proceedings  as  it may, in its discretion, deem proper and
   25  necessary, or  from  acquiring  any  such  property  by  negotiation  or
   26  purchase.
   27    Where  a person entitled to an award in the proceedings to acquire any
   28  property for any of the purposes of this article remains  in  possession
   29  of such property after the time of the vesting of title in the authority
   30  or its subsidiary, the reasonable value of his use and occupancy of such
   31  property  subsequent to such time, as fixed by agreement or by the court
   32  in such proceedings or by any court of competent jurisdiction, shall  be
   33  a  lien  against such award, subject only to liens of record at the time
   34  of the vesting of title in the authority or its subsidiary.
   35    15. The port authority and its duly authorized agents, and all persons
   36  acting under its authority and  by  its  direction,  may  enter  in  the
   37  daytime  into  and upon any real property for the purpose of making such
   38  surveys, diagrams, maps, plans, soundings or borings as the port author-
   39  ity may deem necessary, convenient or desirable for any of the  purposes
   40  of this act.
   41    16. Any declarations contained herein with respect to the governmental
   42  nature  and  public  purpose of the world trade center, Hudson tubes and
   43  Hudson tubes extensions and to the exemption of the world trade  center,
   44  Hudson tubes and Hudson tubes extensions property and instruments relat-
   45  ing  thereto  from  taxation and to the discretion of the port authority
   46  with respect to said facilities shall not be  construed  to  imply  that
   47  other  port  authority  facilities, property and operations are not of a
   48  governmental nature or do not serve public purposes, or  that  they  are
   49  subject  to  taxation,  or that the determinations of the port authority
   50  with respect thereto are not conclusive.   The powers hereby  vested  in
   51  the  port  authority  and in any subsidiary corporation incorporated for
   52  any of the purposes of this article (including but not  limited  to  the
   53  power  to  acquire  real  property  by condemnation) shall be continuing
   54  powers and no exercise thereof by the port  authority  or  a  subsidiary
   55  corporation  incorporated  for any of the purposes of this article shall
   56  be deemed to exhaust them or any of them.
       S. 3353                            147
    1    17. This subdivision and the preceding subdivisions hereof  constitute
    2  an agreement between the states of New York and New Jersey supplementary
    3  to  the  compact  between  the  two  states dated April thirty, nineteen
    4  hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
    5  construed  to effectuate the purposes of said compact and of the compre-
    6  hensive plan heretofore adopted by the two states, and the powers grant-
    7  ed to the port authority shall be construed to be in aid of and  not  in
    8  limitation  or  in  derogation  of any other powers heretofore conferred
    9  upon or granted to the port authority.
   10    18. If any subdivision, part, phrase, or provision of this article  or
   11  the  application  thereof  to  any  person  or circumstances be adjudged
   12  invalid by any court of competent jurisdiction, so long as  the  article
   13  or  remainder  of the article shall nonetheless permit the effectuation,
   14  as a unified project, of the Hudson tubes, Hudson tubes  extensions  and
   15  the world trade center, such judgment shall be confined in its operation
   16  to  the  subdivision,  part,  phrase,  provision or application directly
   17  involved in the controversy in  which  such  judgment  shall  have  been
   18  rendered  and shall not affect or impair the validly of the remainder of
   19  this article or the application thereof  to  other  persons  or  circum-
   20  stances  and  the two states hereby declare that they would have entered
   21  into this article or the remainder thereof had the  invalidity  of  such
   22  provision or application thereof been apparent.
   23                                 ARTICLE XXV
   24                      SUITS AGAINST THE PORT AUTHORITY
   25  Section 2501. Suits against the port authority.
   26    S  2501. Suits against the port authority. 1.  Upon the concurrence of
   27  the state of New Jersey in accordance with  subdivision  twelve  hereof,
   28  the  states  of  New  York  and  New Jersey consent to suits, actions or
   29  proceedings of any form  or  nature  at  law,  in  equity  or  otherwise
   30  (including  proceedings  to  enforce arbitration agreements) against the
   31  port authority, and to appeals therefrom and reviews thereof, except  as
   32  hereinafter  provided in subdivisions two through five, inclusive, here-
   33  of.
   34    2.   The foregoing consent  does  not  extend  to  suits,  actions  or
   35  proceedings  upon  any  causes  of action whatsoever accruing before the
   36  effective date of this article, other than causes of  actions  upon,  in
   37  connection  with, or arising out of notes, bonds or other obligations or
   38  securities secured by a pledge of the general reserve fund of  the  port
   39  authority.
   40    3.    The  foregoing  consent  does  not  extend  to suits, actions or
   41  proceedings upon any causes of action whatsoever,  upon,  in  connection
   42  with,  or  arising out of any contract, express or implied, entered into
   43  or assumed by or assigned to the port  authority  before  the  effective
   44  date  of this article (including any supplement to, or amendment, exten-
   45  sion or renewal of any such contract, even if  such  supplement,  amend-
   46  ment,  extension  or  renewal  is made on or after the effective date of
   47  this article), regardless of whether such cause of action accrued before
   48  or after that date, other than causes of action upon, in connection with
   49  or arising out of  notes,  bonds  or  other  obligations  or  securities
   50  secured by a pledge of the general reserve fund of the port authority.
   51    4.    The foregoing consent does not extend to civil suits, actions or
   52  proceedings for the recovery of statutory penalties.
   53    5.   The foregoing consent  does  not  extend  to  suits,  actions  or
   54  proceedings  for  judgments, orders or decrees restraining, enjoining or
       S. 3353                            148
    1  preventing the port authority from committing or  continuing  to  commit
    2  any  act or acts, other than suits, actions or proceedings by the attor-
    3  ney general of New York or by the attorney general of  New  Jersey--each
    4  of whom is hereby authorized to bring such suits, actions or proceedings
    5  in  his  discretion  on  behalf  of any person or persons whatsoever who
    6  requests him so to do except in the cases excluded by subdivisions  two,
    7  three  and four of this article; provided, that in any such suit, action
    8  or proceeding, no judgment, order or decree shall be entered except upon
    9  at least two days' prior written notice to the  port  authority  of  the
   10  proposed entry thereof.
   11    6.   The foregoing consent is granted upon the condition that venue in
   12  any suit, action or proceeding against the port authority shall be  laid
   13  within  a  county  or  a  judicial  district, established by one of said
   14  states or by the United States, and situated wholly or partially  within
   15  the  port of New York district. The port authority shall be deemed to be
   16  a resident of each such county or judicial district for the  purpose  of
   17  such  suits,  actions  or  proceedings.  Although  the port authority is
   18  engaged in the performance  of  governmental  functions,  the  said  two
   19  states  consent  to  liability on the part of the port authority in such
   20  suits, actions or proceedings for tortious acts committed by it and  its
   21  agents to the same extent as though it were a private corporation.
   22    7.  The foregoing consent is granted upon the condition that any suit,
   23  action  or  proceeding prosecuted or maintained under this article shall
   24  be commenced within one year after the cause of  action  therefor  shall
   25  have  accrued,  and  upon  the further condition that in the case of any
   26  suit, action or proceeding for the recovery or payment of money,  prose-
   27  cuted  or  maintained  under  this article, a notice of claim shall have
   28  been served upon the port authority by or on behalf of the plaintiff  or
   29  plaintiffs at least sixty days before such suit, action or proceeding is
   30  commenced.  The  provisions  of  this  section shall not apply to claims
   31  arising out of provisions of any workmen's compensation  law  of  either
   32  state.
   33    8.   The notice of claim required by subdivision seven of this section
   34  shall be in writing, sworn to by or on behalf of the claimant or  claim-
   35  ants,  and  shall set forth (1) the name and post office address of each
   36  claimant and of his attorney, if any, (2) the nature of the  claim,  (3)
   37  the  time when, the place where and the manner in which the claim arose,
   38  and (4) the items of damage or injuries claimed to have  been  sustained
   39  so  far  as then practicable. Such notice may be served in the manner in
   40  which process may be served, or in lieu thereof, may be sent  by  regis-
   41  tered  mail  to  the  port  authority at its principal office. Where the
   42  claimant is a person under the age of eighteen years or is  mentally  or
   43  physically  incapacitated  and by reason of such disability no notice of
   44  claim is filed or suit, action or proceeding commenced within  the  time
   45  specified  in subdivision seven of this section, or where a person enti-
   46  tled to make a claim dies and by reason of his death no notice of  claim
   47  is  filed or suit, action or proceeding commenced within the time speci-
   48  fied in section seven hereof then any court in which such  suit,  action
   49  or  proceeding may be brought may in its discretion grant leave to serve
   50  the notice of claim and to commence the suit, action or proceeding with-
   51  in a reasonable time but in any event within three years after the cause
   52  of action accrued. Application for such leave must be made upon an affi-
   53  davit showing the particular facts which caused the delay and  shall  be
   54  accompanied by a copy of the proposed notice of claim if such notice has
   55  not  been served, and such application shall be made only upon notice to
   56  the port authority.
       S. 3353                            149
    1    9.  The commissioners, officers or employees  of  the  port  authority
    2  shall  not  be  subject  to suits, actions or proceedings for judgments,
    3  orders or decrees restraining, preventing or  enjoining  them  in  their
    4  official  or personal capacities from committing or continuing to commit
    5  any  act  or  acts  on  behalf  of  the port authority other than suits,
    6  actions and proceedings brought by the attorney general of New  York  or
    7  by  the attorney general of New Jersey or by the port authority itself--
    8  each of said attorneys general being hereby  authorized  to  bring  such
    9  suits,  actions or proceedings in his discretion on behalf of any person
   10  or persons whatsoever who requests him so to  do  except  in  the  cases
   11  excluded  by sections two, three and four of this act; provided, that in
   12  any such suit, action or proceeding brought by either attorney  general,
   13  no  judgment,  order or decree shall be entered except upon at least two
   14  days' notice to the defendant of the proposed entry thereof.
   15    10.  Nothing herein contained shall be deemed to  revoke,  rescind  or
   16  affect  any  consents  to suits, actions or proceedings against the port
   17  authority heretofore given by the  two  said  states  in  chapter  eight
   18  hundred  two of the laws of New York of nineteen hundred forty-seven, as
   19  amended and continued by article  XIII  of  this  chapter,  and  chapter
   20  forty-three  of  the laws of New Jersey of nineteen hundred forty-seven,
   21  as amended; chapter six hundred thirty-one of the laws of  New  York  of
   22  nineteen hundred forty-seven, as amended and continued by article XII of
   23  this  chapter;  chapter forty-four of the laws of New Jersey of nineteen
   24  hundred forty-seven, as amended, and chapter five hundred thirty-four of
   25  the laws of New York of nineteen hundred forty-eight  and  continued  by
   26  article  XII of this chapter and chapter ninety-seven of the laws of New
   27  Jersey of nineteen hundred forty-eight.
   28    S 11.  This act together with the act  of  the  state  of  New  Jersey
   29  concurring  herein,  shall constitute an agreement between the states of
   30  New York and New Jersey supplementary to and amendatory of  the  compact
   31  between  the  two  said  states  dated April thirtieth, nineteen hundred
   32  twenty-one.
   33                                ARTICLE XXVI
   34          RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES
   35  Section 2601. Rules and regulations governing operation of Hudson tubes.
   36    S 2601. Rules and regulations governing operation of Hudson tubes.  1.
   37  The port authority having duly adopted the  following  rules  and  regu-
   38  lations,  hereinafter  set  forth  in  this  subdivision  in relation to
   39  conduct within the territorial limits of the state of New York  and  at,
   40  on  or  in  the Hudson tubes and Hudson tubes extensions operated by its
   41  wholly-owned subsidiary  the  port  authority  trans-Hudson  corporation
   42  (hereinafter  called  "PATH"),  the  penalties  and procedures for their
   43  enforcement prescribed in subdivision  two  shall  apply  to  violations
   44  thereof.
   45                            RULES AND REGULATIONS
   46    (a)  No  person  shall  smoke,  carry  or possess a lighted cigarette,
   47  cigar, pipe, match or any lighted instrument causing naked flame  in  or
   48  about any area, building or appurtenance or in any cars or other rolling
   49  stock  of  the Hudson tubes or Hudson tubes extensions where smoking has
   50  been prohibited by PATH and where appropriate signs to that effect  have
   51  been posted.
       S. 3353                            150
    1    (b)  No  person,  unless duly authorized by PATH, shall in or upon any
    2  area, building, appurtenance, car or other rolling stock of  the  Hudson
    3  tubes  or  Hudson tubes extensions sell or offer for sale any article of
    4  merchandise or solicit any business or trade, including the carrying  of
    5  bags  for hire, the shining of shoes or bootblacking, or shall entertain
    6  any persons by singing, dancing or playing  any  musical  instrument  or
    7  solicit  alms.    No person, unless duly authorized by PATH, shall post,
    8  distribute or display commercial signs, circulars or  other  printed  or
    9  written matter in or upon the Hudson tubes or Hudson tubes extensions.
   10    (c)  No  person, who is unable to give satisfactory explanation of his
   11  presence, shall loiter about any car,  or  other  rolling  stock,  area,
   12  building or appurtenance of the Hudson tubes or Hudson tubes extensions,
   13  or sleep therein or thereon.
   14    (d) No person not authorized by PATH shall be permitted in or upon any
   15  car  or  other  rolling stock or station or platform or parking facility
   16  within the Hudson tubes or Hudson tubes extensions, except upon  payment
   17  in  full  of such fares, fees and other charges as may from time to time
   18  be prescribed by PATH.   No person shall  refuse  to  pay  or  evade  or
   19  attempt  to  evade  the  payment  in  full of such fares, fees and other
   20  charges.
   21    (e) No person shall spit upon, litter or create a  nuisance  or  other
   22  insanitary  condition  in  or  on  any car or other rolling stock, area,
   23  building or appurtenance of the Hudson tubes or Hudson tubes extensions.
   24    (f) No person shall enter any car or other rolling stock, area, build-
   25  ing or appurtenance of the Hudson tubes or Hudson tubes extensions  with
   26  any  animal,  except  an  animal  properly  confined  in  an appropriate
   27  container or a guide dog properly harnessed and muzzled, accompanying  a
   28  blind  person carrying a certificate of identification issued by a guide
   29  dog school.
   30    (g) No person shall get on any car  or  other  rolling  stock  of  the
   31  Hudson  tubes  or  Hudson tubes extensions while it is in motion for the
   32  purpose of obtaining transportation thereon as a passenger nor shall any
   33  person wilfully obstruct, hinder or delay the passage of any such car or
   34  rolling stock.  No person not authorized by  PATH  shall  walk  upon  or
   35  along any right-of-way or related trackage of the Hudson tubes or Hudson
   36  tubes extensions.
   37    2. Any violation of the provisions of paragraph (a) of subdivision one
   38  of this section, shall be an offense and shall be punishable for a first
   39  conviction thereof by a fine of not more than fifty dollars or imprison-
   40  ment  for  not  more  than  thirty  days  or  both;    for a second such
   41  conviction by a fine of not less than twenty-five dollars nor more  than
   42  one  hundred  dollars  or  imprisonment  for not more than sixty days or
   43  both;  for a third or any other subsequent such conviction, by a fine of
   44  not less than fifty dollars nor more than  two  hundred  dollars  or  by
   45  imprisonment  for  not  more than sixty days or both.  Any person who is
   46  guilty of violating any other provision of section one of  this  section
   47  shall  be  guilty  of  an  offense and shall be punishable by a fine not
   48  exceeding ten dollars or by imprisonment not exceeding thirty days or by
   49  both such fine and imprisonment for each conviction thereof.
   50                                ARTICLE XXVII
   51               MASS TRANSPORTATION FACILITIES TO AIR TERMINALS
   52  Section 2701. Mass transportation facilities to air terminals.
   53    S 2701. Mass transportation facilities  to  air  terminals.    1.  The
   54  states of New York and New Jersey hereby find and determine that:
       S. 3353                            151
    1    (a)  Each air terminal within the port of New York district serves the
    2  entire district, and the problem of furnishing proper and  adequate  air
    3  terminal  facilities  within  the  district is a regional and interstate
    4  problem;
    5    (b)  Access  by  land travel to the great airports serving the port of
    6  New York district, particularly John F. Kennedy and Newark international
    7  airports, is becoming increasingly difficult, and such access is  neces-
    8  sary for the continued development of such airports which development is
    9  vital  and  essential  to the preservation of the economic well-being of
   10  the northern New Jersey-New York metropolitan area;
   11    (c) Additional highway construction to serve these great  airports  is
   12  not  feasible  and  creates  severe  problems  in terms of increased air
   13  pollution and the preemption of land which might otherwise be devoted to
   14  park purposes and other desirable uses;
   15    (d) Access to these airports by  railroads  or  other  forms  of  mass
   16  transportation  must be undertaken if they are to maintain their preemi-
   17  nence and continue to serve the economic well-being of the northern  New
   18  Jersey-New York metropolitan area;
   19    (e)  Such  mass  transportation facilities may properly be regarded as
   20  constituting a part of each  air  terminal,  the  development  of  which
   21  should  be  the  responsibility  of those charged with the duties of air
   22  terminal development;
   23    (f) It is the purpose of this article to authorize and direct the port
   24  authority of New York and New Jersey  to  undertake  one  or  more  mass
   25  transportation  access  projects  specifically  with  respect to John F.
   26  Kennedy and Newark international  airports  in  order  to  preserve  and
   27  develop  the  economic  well-being  of  the northern New Jersey-New York
   28  metropolitan area, and such undertakings are found and determined to  be
   29  in the public interest.
   30    3.  In furtherance of the aforesaid findings and determinations and in
   31  partial effectuation of the comprehensive plan heretofore adopted by the
   32  two states for the development of terminal and transportation facilities
   33  in the port of New York district, the port authority of New York and New
   34  Jersey is hereby specifically authorized to undertake pursuant to  chap-
   35  ter forty-three of the laws of New Jersey of nineteen hundred forty-sev-
   36  en, as amended, and chapter eight hundred two of the laws of New York of
   37  nineteen  hundred  forty-seven, as amended and continued by article XIII
   38  of this chapter, the following separate air terminal facilities:
   39    (a) To provide access to Newark international  airport.    A  railroad
   40  line  connecting Newark international airport, including (i) appropriate
   41  mass transportation terminal facilities at and within the said  airport;
   42  (ii)  construction,  reconstruction  and improvement of suitable offsite
   43  facilities for the  accommodation  of  air  passengers,  baggage,  mail,
   44  express,  freight and other users of the connecting facility;  and (iii)
   45  such additional rail or other mass  transportation,  terminal,  station,
   46  parking, storage and service facilities as operations may require.
   47    (b)  To  provide  access  to John F. Kennedy international airport.  A
   48  railroad line connecting John F. Kennedy international  airport  to  the
   49  main line of the Long Island railroad in the county of Queens, including
   50  (i)  a  spur  or  branch to the Montauk line of the said railroad in the
   51  said county;  (ii) appropriate mass transportation  terminal  facilities
   52  at  and  within the said airport;  (iii) suitable offsite facilities for
   53  the accommodation of air passengers, baggage, mail, express, freight and
   54  other users of the connecting facility; and (iv) such additional rail or
   55  other mass  transportation,  terminal,  station,  parking,  storage  and
   56  service facilities, including improvements to the railroad approaches to
       S. 3353                            152
    1  Pennsylvania  Station  and  Jamaica Terminal in the city of New York, as
    2  operations may require.
    3    4.  The port authority of New York and New Jersey is hereby authorized
    4  and empowered to acquire real property located within the port  district
    5  by  condemnation  or  the  right  of  eminent  domain pursuant to and in
    6  accordance with any of the procedures authorized by chapter  forty-three
    7  of  the  laws of New Jersey of nineteen hundred forty-seven, as amended,
    8  in the case of property having its situs in the state of New Jersey, and
    9  by chapter eight hundred two of the laws of New York of nineteen hundred
   10  forty-seven, as amended and continued by article XIII of  this  chapter,
   11  in  the  case of property having its situs in the state of New York, for
   12  and in connection with the undertaking of the air terminal access facil-
   13  ities set forth in subdivision three of this  section.    Such  authori-
   14  zation  and  power to acquire real property by condemnation or the right
   15  of eminent domain may not be exercised in connection with the  undertak-
   16  ing  of access facilities, other than the access facilities set forth in
   17  subdivision three of this section, unless authorized by the laws of  the
   18  state in which such facilities are to be located.
   19    5.  The port authority of New York and New Jersey is hereby authorized
   20  and empowered in its discretion to enter into an agreement or agreements
   21  upon such terms and conditions as it may deem in  the  public  interest,
   22  with  the United States, the state of New Jersey, the state of New York,
   23  or any agency, department, commission, public authority, board or  divi-
   24  sion of any of the foregoing, or any municipality or other public corpo-
   25  ration  in  the  state of New Jersey or in the state of New York, or any
   26  person, firm, association, company or corporation, or any two or more of
   27  the foregoing, to effectuate any one or more of  the  purposes  of  this
   28  article;  and  the  state  of  New Jersey, the state of New York, or any
   29  agency, department, commission, public authority, board or  division  of
   30  either of the foregoing, or any municipality or other public corporation
   31  in  the state of New Jersey or the state of New York, or any two or more
   32  of the foregoing, are hereby authorized and empowered to enter  into  an
   33  agreement or agreements with the port authority to effectuate any one or
   34  more of the purposes of this article.
   35    6.  If  any  section,  part,  phrase, or provision of this article, as
   36  hereby amended and  supplemented  or  the  application  thereof  to  any
   37  person,  project  or  circumstances, be adjudged invalid by any court of
   38  competent jurisdiction, such judgment shall be confined in its operation
   39  to the section, part, phrase, provision or application directly involved
   40  in the controversy in which such judgment shall have been  rendered  and
   41  shall not affect or impair the validity of the remainder of this article
   42  or  the  application thereof to other persons, projects or circumstances
   43  and the two states hereby declare that they would have entered into this
   44  article or the remainder thereof had the invalidity of such provision or
   45  application thereof been apparent.
   46    7. The port authority of New York and New Jersey is hereby  authorized
   47  and empowered in its discretion to enter into an agreement or agreements
   48  upon  such  terms  and conditions as it may deem in the public interest,
   49  with the United States, the state of New Jersey, the state of New  York,
   50  or  any agency, department, commission, public authority, board or divi-
   51  sion of any of the foregoing, or any municipality or other public corpo-
   52  ration in the state of New Jersey or in the state of New  York,  or  any
   53  person, firm, association, company or corporation, or any two or more of
   54  the  foregoing,  to  effectuate  any one or more of the purposes of this
   55  act; and the state of New Jersey, the state of New York, or any  agency,
   56  department, commission, public authority, board or division of either of
       S. 3353                            153
    1  the  foregoing,  or  any municipality or other public corporation in the
    2  state of New Jersey or the state of New York, or any two or more of  the
    3  foregoing,  are  hereby authorized and empowered to enter into an agree-
    4  ment or agreements with the port authority to effectuate any one or more
    5  of the purposes of this article.
    6                               ARTICLE XXVIII
    7               INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES
    8  Section 2801. Findings and determinations.
    9          2802. Definitions.
   10          2803. Industrial development projects and facilities.
   11    S  2801.  Findings and determinations.   1. The states of New York and
   12  New Jersey hereby find and determine:
   13    a. that to prevent further deterioration of the economy  of  the  port
   14  district and thereby to promote, preserve and protect trade and commerce
   15  in  and  through the port of New York district as defined in the compact
   16  between the two states dated April thirtieth, nineteen  hundred  twenty-
   17  one  (hereinafter called the port district), it is the policy of each of
   18  the two states actively  to  promote,  attract,  encourage  and  develop
   19  economically sound commerce and industry through governmental action;
   20    b.  that  in order to preserve and protect the position of the port of
   21  New York as the nation's leading  gateway  for  world  commerce,  it  is
   22  incumbent  on the states of New York and New Jersey to make every effort
   23  to insure that the port receives its rightful share  of  interstate  and
   24  international commerce generated by the manufacturing, industrial, trade
   25  and  commercial  segments  of  the economy of the nation and of the port
   26  district;
   27    c. that since nineteen hundred fifty the number of available  jobs  in
   28  the port district, particularly within the older central cities thereof,
   29  has  decreased,  thereby  resulting in the underutilization of available
   30  land and other resources, the erosion of the port district's  tax  bases
   31  and a rate of unemployment substantially in excess of the national aver-
   32  age;
   33    d.  that  in order to preserve the port district from further economic
   34  deterioration, adequate industrial development projects  and  facilities
   35  must  be provided, preserved and maintained to attract and retain indus-
   36  try within the port district;
   37    e. that a number of new industrial development projects and facilities
   38  should be organized into industrial parks or districts;
   39    f. that the construction of such industrial parks or  districts  shall
   40  conform  to  the  policies of the two states with respect to affirmative
   41  action and equal employment opportunities;
   42    g. that providing port district industrial  development  projects  and
   43  facilities is in the public interest and involves the exercise of public
   44  and  essential  governmental functions which may include appropriate and
   45  reasonable limitations on competition and which must be performed by the
   46  two states, or any municipality, public authority, agency or  commission
   47  of  either  state  and by a joint agency of the two states to accomplish
   48  the purposes of this article;
   49    h. that it is an objective of the two states, acting through the  port
   50  authority,  to  facilitate reemployment of residents of the older cities
   51  through job training programs and employment opportunity  priorities  in
   52  connection with industrial development parks in their respective cities;
   53    i. that the acquisition and the use by such joint agency of abandoned,
   54  undeveloped or underutilized land or land owned by governmental entities
       S. 3353                            154
    1  within  the  port  district for the generation of jobs and to reduce the
    2  hazards of unemployment would promote, preserve and protect  the  indus-
    3  try, trade and commerce of the port district, and will materially assist
    4  in preserving for the two states and the people thereof the material and
    5  other benefits of a prosperous port community;
    6    j.  that  the  collection,  disposal  and utilization of refuse, solid
    7  waste or waste resulting from other treatment processes is  an  activity
    8  of  concern  to  all citizens within the port district, that the health,
    9  safety and general welfare of the  citizens  within  the  port  district
   10  require  efficient  and  reasonable collection and disposal services and
   11  efficient utilization of such refuse, solid  waste  or  waste  resulting
   12  from  other  treatment  processes  with  adequate consideration given to
   13  regional  planning  and   coordination,   and,   therefore,   that   the
   14  construction  and  operation of any port district industrial development
   15  project and facility should conform to the environmental and solid waste
   16  disposal standards and state and county plans therefor in the  state  in
   17  which such project or facility is located;
   18    k.  that  the dedication by the municipalities of the port district of
   19  refuse, solid waste or waste resulting from other treatment processes to
   20  resource recovery to permit the generation of lower  priced  energy  and
   21  the  recovery  of useful materials, together with the commitment by such
   22  municipalities to pay fees to permit  the  delivery  and  removal  after
   23  processing  of  such  refuse  or solid waste at rates and for periods of
   24  time at least sufficient to assure  the  continued  furnishing  of  such
   25  lower  priced energy and material is in the public interest and would be
   26  a major incentive for the attraction and retention  of  industry  within
   27  the port district;
   28    l.  that  the  port  authority of New York and New Jersey (hereinafter
   29  called the port authority), which was created by agreement  of  the  two
   30  states  as a joint agent for the development of terminal, transportation
   31  and other facilities of commerce  of  the  port  district  and  for  the
   32  promotion and protection of the commerce of the port, is a proper agency
   33  to  act  in  their  behalf  (either directly or by any subsidiary corpo-
   34  ration) to finance and effectuate such industrial  development  projects
   35  and facilities;
   36    m.  that  it  is  desirable for the port authority, after consultation
   37  with the governing body of each municipality and within the city of  New
   38  York  the  appropriate  community  board or boards and elsewhere another
   39  government entity or entities designated by such municipality  in  which
   40  industrial development projects or facilities are proposed to be located
   41  and with other persons, including but not limited to private real estate
   42  developers,  to prepare and adopt a master plan providing for the devel-
   43  opment of such industrial development projects  and  facilities  in  the
   44  port  district,  which  plan  shall  give consideration to the extent of
   45  unemployment and the  general  economic  conditions  of  the  respective
   46  portions  of  the port district and shall include among other things the
   47  locations and the nature and scope of such projects  and  facilities  as
   48  may be included in the plan;
   49    n.  that  the  undertaking of such industrial development projects and
   50  facilities by the port authority has the single object of and is part of
   51  a unified plan to aid in preserving the economic well-being of the  port
   52  district and is found and determined to be in the public interest;
   53    o.  that  no  such  port  district industrial development projects and
   54  facilities are to be constructed if the sole intent of the  construction
   55  thereof  would be the removal of an industrial or manufacturing plant of
   56  an occupant of such projects and facilities from one location to another
       S. 3353                            155
    1  location or in the abandonment of one or more plants  or  facilities  of
    2  such occupant, unless such port district industrial development projects
    3  and facilities are reasonably necessary to discourage such occupant from
    4  removing  such plant or facility to a location outside the port district
    5  or are reasonably necessary to preserve the competitive position of such
    6  project occupant in its industry;
    7    p. that no such  port  district  industrial  development  projects  or
    8  facilities are to be constructed unless and until the port authority has
    9  entered  into  an agreement or agreements with the municipality in which
   10  any such project or facility is to be located with respect  to  payments
   11  in  lieu  of real estate taxes and the location, nature and scope of any
   12  project or facility;
   13    q. that, subject to entering into said agreement  or  agreements,  the
   14  port  authority should have the ability to acquire, lease, vacate, clear
   15  and otherwise develop abandoned, undeveloped or  underutilized  property
   16  or  property owned by governmental entities within the port district and
   17  to finance and construct industrial development projects and facilities.
   18    S 2802.   Definitions. The following terms as  used  in  this  article
   19  shall have the following meanings:
   20    a. "Bonds" shall mean bonds, notes, securities or other obligations or
   21  evidences of indebtedness;
   22    b.  "Effectuation"  of  any  project  or  facility or part of any such
   23  project or facility shall include but not be limited to  its  establish-
   24  ment,  acquisition,  construction,  development, maintenance, operation,
   25  improvement (by way of betterments, additions or otherwise) and rehabil-
   26  itation by the port authority or any other person and the  provision  of
   27  funds therefor through the issuance of obligations, the making or grant-
   28  ing of loans or otherwise;
   29    c.  "General  reserve fund statutes" shall mean chapter forty-eight of
   30  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
   31  continued by article VI of this chapter, and chapter five of the laws of
   32  New  Jersey  of  nineteen  hundred  thirty-one  as amended, and "general
   33  reserve fund" shall mean the general reserve fund of the port  authority
   34  authorized by said statutes;
   35    d.  "Governing  body"  shall  mean  the  board or body vested with the
   36  general legislative powers of the municipality in  which  an  industrial
   37  development project or facility will be financed or effectuated pursuant
   38  to this article;
   39    e.  "Industrial  development  project  or  facility" or "port district
   40  industrial development project or facility" shall  mean  any  equipment,
   41  improvement, structure or facility or any land, and any building, struc-
   42  ture, facility or other improvement thereon, or any combination thereof,
   43  and  all real and personal property, located within the New York portion
   44  of the port district or within a municipality in the New Jersey  portion
   45  of  the port district which qualified for state aid under the provisions
   46  of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or
   47  which may hereafter qualify for such aid, including, but not limited to,
   48  machinery, equipment and other facilities deemed necessary or  desirable
   49  in  connection  therewith,  or incidental thereto, whether or not now in
   50  existence or under construction, which shall be considered  suitable  by
   51  the port authority for manufacturing, research, non-retail commercial or
   52  industrial  purposes within an industrial park, or for purposes of ware-
   53  housing or consumer and supporting services directly related to  any  of
   54  the  foregoing  or to any other port authority project or facility;  and
   55  which may also include or be an industrial pollution control facility or
   56  a resource recovery facility, provided that no such industrial  develop-
       S. 3353                            156
    1  ment project or facility may include or be a facility used for the stor-
    2  age of chemicals, fuel or liquified natural gas unless incidental to the
    3  effectuation of such industrial development project or facility;
    4    f.  "Industrial  pollution control facility" shall mean any equipment,
    5  improvement, structure or facility or any land, and any building, struc-
    6  ture, facility or other improvement thereon, or any combination thereof,
    7  and all real and personal property, located within  the  port  district,
    8  including, but not limited to, machinery, equipment and other facilities
    9  deemed  necessary  or  desirable in the opinion of the port authority in
   10  connection therewith, or incidental  thereto,  whether  or  not  now  in
   11  existence or under construction, having to do with or the end purpose of
   12  which  is  the  control,  abatement or prevention of land, sewer, water,
   13  air, noise or general environmental pollution deriving from  the  opera-
   14  tion  of industrial, manufacturing, warehousing, commercial and research
   15  facilities, including, but not limited  to  any  air  pollution  control
   16  facility,  noise  abatement  facility,  water management facility, waste
   17  water collecting system, waste water treatment works,  sewage  treatment
   18  works  system,  sewage treatment system or solid waste disposal facility
   19  or site, provided that no such industrial pollution control facility may
   20  include or be used as a site for organic landfill or be of  a  character
   21  or  nature  generally  furnished  or  supplied by any other governmental
   22  entity where such industrial pollution control facility is located with-
   23  out the consent of such governmental entity;
   24    g. "Municipality" means a city, county, town or  village  all  or  any
   25  part  of  which  is  located  within  the  New  York portion of the port
   26  district, or a city, county, town, borough or township all or  any  part
   27  of which is located within the New Jersey portion of the port district;
   28    h.  "Person"  means any person, including individuals, firms, partner-
   29  ships, associations, societies,  trusts,  public  utilities,  public  or
   30  private  corporations,  or  other  legal  entities,  including public or
   31  governmental bodies, which may include the port authority,  as  well  as
   32  natural  persons.    "Person"  shall  include  the plural as well as the
   33  singular;
   34    i. "Port authority" shall include the port authority and  any  subsid-
   35  iary  corporation  now or hereafter incorporated for any of the purposes
   36  of this article; provided, however, as used in subdivisions 4 and  5  of
   37  this section it shall not include any such subsidiary corporation;
   38    j.  "Purposes  of  this article" shall mean the effectuation of indus-
   39  trial development projects and facilities and of each project or facili-
   40  ty constituting a portion thereof and of each part of  each  project  or
   41  facility, and purposes incidental thereto;
   42    k. "Real property" shall mean lands, structures, franchises and inter-
   43  ests  in  land,  including air space and air rights, waters, lands under
   44  water, wetlands and riparian rights, and any and all things  and  rights
   45  included  within  the said term, and includes not only fees simple abso-
   46  lute but also any and all lesser interests, including but not limited to
   47  easements, rights-of-way, uses, leases, licenses and all other  incorpo-
   48  real hereditaments and every estate, interest or right, legal or equita-
   49  ble,  including  terms  for years and liens thereon by way of judgments,
   50  mortgages or otherwise;
   51    l. "Resource recovery facility" shall mean any equipment, improvement,
   52  structure or facility or any land, and any building, structure, facility
   53  or other improvement thereon, or any combination thereof, and  all  real
   54  and  personal  property located within the port district, including, but
   55  not limited to, machinery, equipment and other facilities deemed  neces-
   56  sary  or  desirable  in  the opinion of the port authority in connection
       S. 3353                            157
    1  therewith, or incidental thereto, whether or not  now  in  existence  or
    2  under  construction, for the disposal of refuse or other solid wastes or
    3  wastes resulting from other treatment processes and for the recovery and
    4  sale  or  use  of  energy  and other resources from such refuse or other
    5  solid  wastes  or  wastes  resulting  from  other  treatment  processes,
    6  provided  that no such resource recovery facility may include or be used
    7  as a site for organic landfill;
    8    m. "Surplus revenues" from any facility shall mean the balance of  the
    9  revenues  from  such facility (including but not limited to the revenues
   10  of any subsidiary corporation incorporated for any of  the  purposes  of
   11  this  article)  remaining at any time currently in the hands of the port
   12  authority after the deduction of the current expenses of  the  operation
   13  and  maintenance thereof, including a proportion of the general expenses
   14  of the port authority as it  shall  deem  properly  chargeable  thereto,
   15  which  general  expenses shall include but not be limited to the expense
   16  of protecting and promoting the commerce of the port district, and after
   17  the deduction of any amounts which the port authority may  or  shall  be
   18  obligated  or  may or shall have obligated itself to pay to or set aside
   19  out of the current revenues therefrom for the benefit of the holders  of
   20  any  bonds  legal  for investment as defined in the general reserve fund
   21  statutes;
   22    n. "Surplus revenues of port district industrial development  projects
   23  or  facilities" shall mean the surplus revenues of all industrial devel-
   24  opment projects or facilities effectuated pursuant to the terms of  this
   25  article.
   26    S  2803. Industrial development projects and facilities. 1.  In furth-
   27  erance of the findings and determinations detailed by  section  2801  of
   28  this article, in partial effectuation of and supplemental to the compre-
   29  hensive  plan heretofore adopted by the two said states for the develop-
   30  ment of the said port district,  and  subject  to  the  preparation  and
   31  adoption  of  the plan authorized in subdivision two of this section and
   32  the execution of an agreement or agreements authorized  by  subdivisions
   33  eleven  and  twelve  hereof,  the  port  authority is hereby authorized,
   34  empowered and directed to  establish,  acquire,  construct,  effectuate,
   35  develop,  own,  lease,  maintain,  operate, improve, rehabilitate, sell,
   36  transfer and mortgage projects or facilities herein referred to as  port
   37  district  industrial  development  projects or facilities, as defined in
   38  this article.
   39    The port authority is hereby authorized and  empowered  to  establish,
   40  levy  and  collect such rentals, fares, fees and other charges as it may
   41  deem necessary, proper or desirable in connection with any  facility  or
   42  part  of any facility constituting a portion of any port district indus-
   43  trial development project or facility and to issue bonds for any of  the
   44  purposes of this article and to provide for payment thereof, with inter-
   45  est  thereon, and for the amortization and retirement of such bonds, and
   46  to secure all or any portion of such bonds by a pledge of such  rentals,
   47  fares,  fees,  charges and other revenues or any part thereon (including
   48  but not limited to the revenues of any subsidiary  corporation  incorpo-
   49  rated  for any of the purposes of this article) and to secure all or any
   50  portion of such bonds by mortgages upon any property held or to be  held
   51  by  the  port authority for any of the purposes of this article, and for
   52  any of the purposes of this article to exercise all  appropriate  powers
   53  heretofore  or  hereafter  delegated to it by the states of New York and
   54  New Jersey, including, but not limited to, those expressly set forth  in
   55  this  article. The surplus revenues of port district industrial develop-
       S. 3353                            158
    1  ment projects or facilities may be pledged in whole or in part as  here-
    2  inafter provided.
    3    2.  The  port  authority  is hereby authorized to initiate studies and
    4  prepare and adopt a master plan providing for the  development  of  port
    5  district  industrial  development  projects  and  facilities which shall
    6  include the location of such projects and facilities as may be  included
    7  in  the  plan  and shall to the maximum extent practicable include inter
    8  alia a general description of each of such projects and facilities,  the
    9  land  use  requirements  necessary  therefor,  and  estimates of project
   10  costs, of project employment potential and of a schedule  for  commence-
   11  ment of each such project.  Prior to adopting such master plan, the port
   12  authority  shall give written notice to, afford a reasonable opportunity
   13  for comment, consult with and consider any recommendation  made  by  the
   14  governing  body  of  municipalities  and within the city of New York the
   15  appropriate community board or boards and elsewhere another governmental
   16  entity or entities designated by such municipality in  which  industrial
   17  development  projects  or facilities are proposed to be located and with
   18  such other persons, including but not limited  to  private  real  estate
   19  developers,  which in the opinion of the port authority is either neces-
   20  sary or desirable.  The master plan shall include the  port  authority's
   21  estimate  of the revenues to be derived by municipalities from each such
   22  industrial development project or facility and also a description of the
   23  proposed additional arrangements with municipalities necessary or desir-
   24  able for each such project or facility.  The port authority  may  modify
   25  or  change any part of such plan in the same form and manner as provided
   26  for the adoption of such original plan.  At the time the port  authority
   27  authorizes  any  industrial  development  project  or facility, the port
   28  authority shall include with such authorization a statement  as  to  the
   29  status  of  each  project included in such master plan and any amendment
   30  thereof.
   31    3. No industrial development project proposed to be located within the
   32  city of New York may be included in such master plan  unless  and  until
   33  the mayor of the city of New York requests the port authority to conduct
   34  a  comprehensive  study of the feasibility of the effectuation of one or
   35  more industrial development projects or  any  parts  thereof  (including
   36  resource  recovery  or  industrial pollution control facilities) in such
   37  city, which request shall specify the borough in which  such  comprehen-
   38  sive  study  is  to take place; provided, however, that the president of
   39  any borough in which an industrial development project  or  facility  is
   40  proposed  to  be  located  may within sixty days of receipt of notice of
   41  such request, and after consulting with and considering any  recommenda-
   42  tion  made  by  the  local  borough  improvement  board, notify the port
   43  authority not to include any proposed industrial development project  or
   44  facility within that county in such feasibility study.  Any such request
   45  by  the  mayor  of the city of New York may specify the facilities to be
   46  included in such industrial park project.
   47    4. The moneys in the general reserve fund may be pledged in  whole  or
   48  in  part  by  the port authority as security for or applied by it to the
   49  repayment with interest of any moneys which  it  may  raise  upon  bonds
   50  issued  or  incurred  by it from time to time for any of the purposes of
   51  this article or upon bonds secured in whole or in part by the pledge  of
   52  the  revenues from any industrial development project or facility or any
   53  portion thereof or upon bonds both so issued or incurred and so secured;
   54  and the moneys in said general reserve fund may be applied by  the  port
   55  authority  to  the  fulfillment  of  any other undertakings which it may
   56  assume to or for the benefit of the holders of any such bonds.
       S. 3353                            159
    1    Subject to prior liens and pledges (and to the obligation of the  port
    2  authority  to  apply  revenues to the maintenance of its general reserve
    3  fund in the amount prescribed by the general reserve fund statutes), the
    4  revenues from facilities established, constructed, acquired or otherwise
    5  effectuated  through the issuance or sale of bonds of the port authority
    6  secured in whole or in part by a pledge of its general reserve  fund  or
    7  any  portion  thereof may be pledged in whole or in part as security for
    8  or applied by it to any of the purposes of this article,  including  the
    9  repayment  with  interest  of  any  moneys which it may raise upon bonds
   10  issued or incurred from time to time for any of  the  purposes  of  this
   11  article  or  upon bonds secured in whole or in part by the pledge of the
   12  revenues of the port authority from any industrial  development  project
   13  or  facility  or  any  portion  thereof  or upon bonds both so issued or
   14  incurred and so secured;  and said revenues may be applied by  the  port
   15  authority  to  the  fulfillment  of  any other undertakings which it may
   16  assume to or for the benefit of the holders of such bonds.
   17    5. In all cases where the port authority has raised or shall hereafter
   18  raise moneys for any of the purposes of this article by  the  issue  and
   19  sale  of  bonds which are secured in whole or in part by a pledge of the
   20  general reserve fund or any portion thereof, the surplus  revenues  from
   21  industrial  development  projects  or facilities financed in whole or in
   22  part out of the proceeds of such bonds and the surplus revenues from any
   23  other port authority facility the surplus revenues of which at such time
   24  may be payable into the general reserve fund shall be pooled and applied
   25  by the port authority to the establishment and maintenance of the gener-
   26  al reserve fund in an amount equal to one-tenth of the par value of  all
   27  bonds legal for investment, as defined in the general reserve fund stat-
   28  utes,  issued by the port authority and currently outstanding, including
   29  such bonds issued for any of the purposes of this article;  and all such
   30  moneys in said general reserve fund may be pledged and  applied  in  the
   31  manner provided in the general reserve fund statutes.
   32    In the event that any time the balance of moneys theretofore paid into
   33  the  general  reserve  fund  and  not  applied therefrom shall exceed an
   34  amount equal to one-tenth of the par value of all bonds upon the princi-
   35  pal amount of which the amount of the general  reserve  fund  is  calcu-
   36  lated, by reason of the retirement of bonds issued or incurred from time
   37  to  time  for any of the purposes of this article the par value of which
   38  had theretofore been included in the computation of said amount  of  the
   39  general  reserve  fund, then the port authority may pledge or apply such
   40  excess for and only for the purposes for which it is authorized  by  the
   41  general  reserve  fund  statutes  to  pledge  the  moneys in the general
   42  reserve fund and such pledge may be made in advance  of  the  time  when
   43  such excess may occur.
   44    6.  The  two  states  covenant  and agree with each other and with the
   45  holders of any bonds issued by the port authority for  the  purposes  of
   46  this  article,  that so long as any of such bonds remain outstanding and
   47  unpaid and the holders thereof shall not have  given  their  consent  as
   48  provided  in their contract with the port authority, the two states will
   49  not diminish or impair the power of the  port  authority  to  establish,
   50  levy  and  collect  rentals,  fares, fees or other charges in connection
   51  with industrial development projects or facilities or any other facility
   52  owned or operated by the port authority the revenues of which have  been
   53  or  shall  be  pledged  in  whole  or in part as security for such bonds
   54  (directly or indirectly, or through the medium of  the  general  reserve
   55  fund  or otherwise), or to determine the quantity, quality, frequency or
   56  nature of any services provided by the port authority in connection with
       S. 3353                            160
    1  the operation of each project or facility.  This subdivision  shall  not
    2  affect or diminish the provisions of subdivision twelve of this section.
    3    7.  The  port authority is authorized and empowered to co-operate with
    4  the states of New York and New Jersey, with  any  municipality  thereof,
    5  with any person, with the federal government and with any agency, public
    6  authority or commission or any one or more of the foregoing, or with any
    7  one  or more of them, for and in connection with the acquisition, clear-
    8  ance, replanning, rehabilitation, reconstruction or redevelopment of any
    9  industrial development project or facility or of any other area  forming
   10  part  of  any industrial development project or facility for the purpose
   11  of renewal and improvement of said area and for any of the  purposes  of
   12  this  article,  and  to  enter into an agreement or agreements (and from
   13  time to time to enter into  agreements  amending  or  supplementing  the
   14  same)  with  any such person, municipality, commission, public authority
   15  or agency and with the states of New York and New Jersey  and  with  the
   16  federal  government, or with any one or more of them, for or relating to
   17  such purposes, including but not limited to agreements with  respect  to
   18  the  dedication  by  the  municipalities of the port district of refuse,
   19  solid waste  or  waste  resulting  from  other  treatment  processes  to
   20  resource  recovery  to  permit the generation of lower priced energy and
   21  the recovery of useful materials;  with respect to a commitment by  such
   22  municipalities  to  pay  fees  to  permit the delivery and removal after
   23  processing of such refuse or solid waste at rates  and  for  periods  of
   24  time  at  least  sufficient to assure the continued availability of such
   25  energy and recovered materials; with respect  to  financial  assistance,
   26  loans and grants pursuant to any federal law now in effect or hereinaft-
   27  er  enacted  which  would  provide  such financial assistance, loans and
   28  grants in connection with any of the purposes of this article, provided,
   29  that if either state shall have or adopt general  legislation  governing
   30  applications for such federal aid by municipalities, public authorities,
   31  agencies  or commissions of such state or the receipt or disbursement of
   32  such federal aid by or on behalf of such municipalities, public authori-
   33  ties, agencies or commissions, then such legislation shall at the option
   34  of such state apply to applications  by  the  port  authority  for  such
   35  federal  aid  in  connection  with  an industrial development project or
   36  facility located in such state and to the receipt  and  disbursement  of
   37  such  federal  aid  by  or  on behalf of the port authority, in the same
   38  manner and to the same extent as other municipalities,  public  authori-
   39  ties, agencies or commissions of such state;  and, with respect to occu-
   40  pancy  of  space in any industrial development project or facility.  The
   41  port authority is hereby authorized  and  empowered  to  apply  for  and
   42  accept  financial  assistance,  loans and grants for such purposes under
   43  federal, state or local laws, and to make application  directly  to  the
   44  proper  officials  or  agencies  for and receive federal, state or local
   45  loans or grants in aid of any of the purposes of this  article.  Nothing
   46  contained  in  this  article  shall  be construed to limit or impair the
   47  power of the governor of the state of New York and the governor  of  the
   48  state  of  New  Jersey to review the actions of the commissioners of the
   49  port authority as provided for in chapter seven hundred of the  laws  of
   50  New  York  of nineteen hundred twenty-seven, as amended and as continued
   51  by article V of this chapter, and in chapter three hundred  thirty-three
   52  of  the laws of New Jersey of nineteen hundred twenty-seven, as amended,
   53  or to authorize the port authority to commence the effectuation  of  any
   54  industrial  development project or facility unless and until the munici-
   55  pality in which such project or facility is to be located has  consented
   56  to  the  commencement  of  such  effectuation,  with  such consent to be
       S. 3353                            161
    1  provided for in the agreement authorized by subdivision 11  or  subdivi-
    2  sion  12 of this section. The port authority is authorized and empowered
    3  to enter into an agreement or agreements (and from time to time to enter
    4  into  agreements  amending  or  supplementing  the same) with any public
    5  authority, agency or commission of either or both states to provide  for
    6  the  effectuation  of  any  of  the  purposes  of this article through a
    7  subsidiary corporation owned jointly by the port authority and any  such
    8  public  authority,  agency or commission, and any such public authority,
    9  agency or commission is authorized and  empowered  to  enter  into  such
   10  agreement or agreements with the port authority.
   11    8.  Notwithstanding any contrary provision of law, general, special or
   12  local, either state and any municipality  thereof  and  any  commission,
   13  public  authority  or  agency  of  either  or both of said two states is
   14  authorized and empowered to co-operate with the port  authority  and  to
   15  enter  into  an  agreement or agreements (and from time to time to enter
   16  into agreements amending  or  supplementing  the  same)  with  the  port
   17  authority  or with any other person for and in connection with or relat-
   18  ing to the acquisition, clearance,  replanning,  rehabilitation,  recon-
   19  struction,  redevelopment,  sale, transfer or mortgage of any industrial
   20  development project or facility or of any other area forming part of any
   21  industrial development project or facility for the  purpose  of  renewal
   22  and  improvement  of  said  area  as  aforesaid  or for any of the other
   23  purposes of this article, including but not limited to the dedication by
   24  the municipalities of the port district of refuse, solid waste or  waste
   25  resulting  from other treatment processes to resource recovery to permit
   26  the generation of lower priced energy and the recovery of useful materi-
   27  als and a commitment by such municipalities to pay fees  to  permit  the
   28  delivery  and  removal after processing of such refuse or solid waste at
   29  rates and for periods of time at least sufficient to assure the  contin-
   30  ued  availability  of  such  energy  and  recovered materials, upon such
   31  reasonable terms and conditions as may  be  determined  by  such  state,
   32  municipality,  public  authority,  agency  or  commission  and  the port
   33  authority.  Such agreement may, without limiting the generality  of  the
   34  foregoing,  further  include consent to the use by the port authority or
   35  any other person of any real property owned or to be  acquired  by  said
   36  state,  municipality, public authority, agency or commission and consent
   37  to the use by such state,  municipality,  public  authority,  agency  or
   38  commission  of  any  real  property  owned or to be acquired by the port
   39  authority or by any other person which  in  either  case  is  necessary,
   40  convenient  or desirable in the opinion of the port authority for any of
   41  the purposes of this article, including such real property, improved  or
   42  unimproved,  as  has  already  been  devoted  to or has been or is to be
   43  acquired for urban renewal or other public use, and as  an  incident  to
   44  such  consent  such  state,  municipality,  public  authority, agency or
   45  commission may grant, convey, lease or otherwise transfer any such  real
   46  property  to  the  port  authority  or  to any other person and the port
   47  authority may grant, convey, lease or otherwise transfer any  such  real
   48  property  to such state, municipality, public authority, agency, commis-
   49  sion or any other person for such term and upon such conditions  as  may
   50  be  agreed  upon.   If real property of such state, municipality, public
   51  authority, agency or commission be leased to the port  authority  or  to
   52  any  other  person  for any of the purposes of this article, such state,
   53  municipality, public authority, agency or commission may consent to  the
   54  port  authority or any other person having the right to mortgage the fee
   55  of such property and thus enable the port authority or such other person
   56  to give as security for its bond or bonds  a  lien  upon  the  land  and
       S. 3353                            162
    1  improvements,  but such state, municipality, public authority, agency or
    2  commission by consenting to the execution by the port authority or  such
    3  other  person  of  a mortgage upon the leased property shall not thereby
    4  assume  and  such  consent  shall not be construed as imposing upon such
    5  state, municipality, public authority, agency or commission any  liabil-
    6  ity  upon the bond or bonds secured by the mortgage.  In connection with
    7  any of the purposes of this article, either state and  any  municipality
    8  thereof, any commission, public authority or agency of either or both of
    9  said  two  states, the port authority and any other person are empowered
   10  to enter into any other agreement or agreements (and from time  to  time
   11  to  enter  into  agreements  amending  or  supplementing same) which may
   12  provide inter alia for the establishment of prices or rates, a  require-
   13  ment  that  any  person sell, lease or purchase any commodity or service
   14  from any other person, or any other similar arrangement.
   15    Nothing contained in this subdivision shall  impair  or  diminish  the
   16  powers  vested in either state or in any municipality, public authority,
   17  agency or commission to acquire, clear, replan,  reconstruct,  rehabili-
   18  tate  or  redevelop abandoned, undeveloped or underutilized land and the
   19  powers herein granted  to  either  state  or  any  municipality,  public
   20  authority,  agency  or commission shall be construed to be in aid of and
   21  not in limitation or in derogation of  any  such  powers  heretofore  or
   22  hereafter  conferred upon or granted to such state, municipality, public
   23  authority, agency or commission.
   24    Nothing contained in this article shall be construed to authorize  the
   25  port  authority to acquire, by condemnation or the exercise of the right
   26  of eminent domain, property now or hereafter vested in or held by either
   27  state or by any municipality, public  authority,  agency  or  commission
   28  without  the  authority  or  consent by such state, municipality, public
   29  authority, agency or commission, provided that  the  state  under  whose
   30  laws  such  public  authority, agency or commission has been created may
   31  authorize by appropriate legislation the port authority to  acquire  any
   32  such  property vested in or held by any such public authority, agency or
   33  commission by condemnation or the  exercise  of  the  right  of  eminent
   34  domain  without  such  authority or consent;   nor shall anything herein
   35  impair or invalidate in any way any bonded indebtedness of either  state
   36  or  any  such  municipality, public authority, agency or commission, nor
   37  impair the provisions of law regulating the payment into  sinking  funds
   38  of  revenues  derived  from  such  property,  or dedicating the revenues
   39  derived from such property to a specific purpose.
   40    The port authority, subject to the express authority or consent of any
   41  such state, municipality, public authority,  agency  or  commission,  is
   42  hereby  authorized and empowered to acquire from any such state or muni-
   43  cipality, or from any  other  public  authority,  agency  or  commission
   44  having  jurisdiction  in  the premises, by agreement therewith, and such
   45  state or municipality, public authority, agency or commission,  notwith-
   46  standing  any  contrary  provision  of  law,  is  hereby  authorized and
   47  empowered to grant and convey, upon reasonable terms and conditions, any
   48  real property which may be necessary, convenient or desirable for any of
   49  the purposes of this  article,  including  such  real  property  as  has
   50  already been devoted to a public use.
   51    Notwithstanding  any inconsistent provision of this section or article
   52  or any compact or general or special law, the  port  authority  may  not
   53  acquire any park lands for industrial development projects or facilities
   54  unless  each  such conveyance of such land is specifically authorized by
   55  the legislature of the state wherein the land is located.
       S. 3353                            163
    1    Any consent by a municipality shall be given and the terms, conditions
    2  and execution by a municipality of any agreement, deed,  lease,  convey-
    3  ance  or  other  instrument  pursuant  to  this subdivision or any other
    4  subdivision of this section shall be authorized in the  manner  provided
    5  in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
    6  hundred twenty-one between the two states creating the  port  authority,
    7  except  that as to towns in the state of New York, such consent shall be
    8  authorized in the manner provided in the town law and as to counties  in
    9  the  state of New Jersey, such consent shall be authorized in the manner
   10  provided in New Jersey statutes annotated, forty: one-one, et  seq.  Any
   11  consent  by  either state shall be effective if given, and the terms and
   12  conditions and execution of any agreement, deed,  lease,  conveyance  or
   13  other  instrument  pursuant to this section or any other section of this
   14  article shall be effective if authorized by the governor of such  state.
   15  Any  consent by a public authority, agency or commission shall be effec-
   16  tive if given by such public authority, agency or commission.
   17    9. The states of New York and New  Jersey  hereby  consent  to  suits,
   18  actions  or proceedings by any municipality, public authority, agency or
   19  commission against the port authority upon, in connection with or  aris-
   20  ing out of any agreement, or any amendment thereof, entered into for any
   21  of the purposes of this article, as follows:
   22    a.  for judgments, orders or decrees restraining or enjoining the port
   23  authority from transferring title to real property to other  persons  in
   24  cases  where  it  has  agreed  with said municipality, public authority,
   25  agency, or commission for transfer of such title  to  the  municipality,
   26  public authority, agency or commission;  and
   27    b.  for judgments, orders or decrees restraining or enjoining the port
   28  authority from committing or continuing to commit other breaches of such
   29  agreement or any amendment thereof;  provided, that such judgment, order
   30  or decree shall not be entered  except  upon  two  days'  prior  written
   31  notice  to  the  port  authority  of  the  proposed entry thereof;   and
   32  provided further that upon appeal taken by the port authority from  such
   33  judgment,  order  or  decree  the  service of the notice of appeal shall
   34  perfect the appeal and stay the execution of  such  judgment,  order  or
   35  decree appealed from without an undertaking or other security.
   36    Nothing  herein contained shall be deemed to revoke, rescind or affect
   37  any consent to suits, actions, or proceedings against the port authority
   38  heretofore given by the two said states in chapter three hundred one  of
   39  the  laws of New York of nineteen hundred fifty and continued by article
   40  XV of this chapter, and chapter two hundred four  of  the  laws  of  New
   41  Jersey of nineteen hundred fifty-one.
   42    10.  The effectuation of industrial development projects or facilities
   43  of any such projects or facilities constituting a portion of any  indus-
   44  trial  development  project or facility, are and will be in all respects
   45  for the benefit of the people of the states of New York and New  Jersey,
   46  for  the  increase of their commerce and prosperity and for the improve-
   47  ment of their health and living conditions;  and the port authority  and
   48  any  subsidiary corporation incorporated for any of the purposes of this
   49  article shall be regarded as performing an essential governmental  func-
   50  tion  in  undertaking  the effectuation thereof, and in carrying out the
   51  provisions of law relating thereto.
   52    11. The port authority shall be required to pay no  taxes  or  assess-
   53  ments  upon  any  of the property acquired and used by it for any of the
   54  purposes of this article or upon any deed, mortgage or other  instrument
   55  affecting  such  property  or upon the recording of any such instrument.
   56  However, to the end that no taxing jurisdiction shall suffer undue  loss
       S. 3353                            164
    1  of  taxes  and assessments by reason of the acquisition and ownership of
    2  property by the port authority for any of the purposes of this  article,
    3  the   port   authority  is  hereby  authorized  and  empowered,  in  its
    4  discretion,  to  enter into a voluntary agreement or agreements with any
    5  city, town, township or village whereby the port authority  will  under-
    6  take  to pay in lieu of taxes a fair and reasonable sum, if any, or sums
    7  annually in connection with any real property acquired and owned by  the
    8  port  authority  for  any of the purposes of this article and to provide
    9  for the payment as a rental or additional rental charge  by  any  person
   10  occupying  any portion of any industrial development project or facility
   11  either as lessee, vendee or otherwise of such reasonable sum, if any, or
   12  sums as hereinafter provided.   Such sums in connection  with  any  real
   13  property  acquired  and  owned  by  the  port  authority  for any of the
   14  purposes of this article shall not be more than the  sum  last  paid  as
   15  taxes  upon  such  real property prior to the time of its acquisition by
   16  the port authority;   provided, however, that  in  connection  with  any
   17  portion  of  any  industrial  development  project or facility, which is
   18  owned by the port authority or another governmental entity and  improved
   19  pursuant  to  this  article  with  buildings, structures or improvements
   20  greater in value than  the  buildings,  structures  or  improvements  in
   21  existence  at the time of its acquisition, development or improvement by
   22  the port authority, any person occupying such portion of such industrial
   23  development project or facility either as lessee,  vendee  or  otherwise
   24  shall, as long as title thereto shall remain in the port authority or in
   25  another governmental entity, pay as a rental or additional rental charge
   26  an  amount  in lieu of taxes, if any, not in excess of the taxes on such
   27  improvements and on personal property, including water and sewer service
   28  charges or assessments, which such person would have  been  required  to
   29  pay  had  it been the owner of such property during the period for which
   30  such payment is made;  provided further, however, that neither the  port
   31  authority  nor  any  of  its projects, facilities, properties, monies or
   32  bonds and notes shall be obligated, liable or subject  to  lien  of  any
   33  kind  whatsoever  for  the  enforcement,  collection or payment thereof.
   34  Each such city, town, township  or  village  is  hereby  authorized  and
   35  empowered  to  enter  into  such  agreement  or agreements with the port
   36  authority which agreement or agreements may also include provisions with
   37  respect to the joint review of categories of tenants proposed  as  occu-
   38  pants for industrial development projects or facilities with the cities,
   39  towns,  townships  or villages in which they are proposed to be located,
   40  and to accept the payment or payments which the port authority is hereby
   41  authorized and empowered to make or which are paid by a person occupying
   42  any such portion of such industrial development project or  facility  as
   43  rental  or  as  additional  rental  in  lieu  of  taxes, and the sums so
   44  received by such city, town, township or village  shall  be  devoted  to
   45  purposes  to which taxes may be applied in all affected taxing jurisdic-
   46  tions unless and until otherwise directed by law of the state  in  which
   47  such city, town, township or village is located. At least ten days prior
   48  to the authorization by the port authority of any agreement provided for
   49  in this subdivision, the port authority shall notify the chief executive
   50  officer  of  each  city  in the port district within which an industrial
   51  development project or facility has been included  in  the  master  plan
   52  provided for in subdivision two of this section of the proposed authori-
   53  zation  of  such  agreement, shall seek their comments and shall include
   54  with such authorization any comments received from such city.  The  port
   55  authority  shall  not  sell  or lease substantially all of an industrial
   56  development project or facility to a proposed purchaser or lessee  with-
       S. 3353                            165
    1  out the prior approval by the municipality wherein the project or facil-
    2  ity is located of such purchaser or lessee.
    3    12.  Except  as  otherwise  specifically  provided, all details of the
    4  effectuation, including but not limited to details of  financing,  leas-
    5  ing,  rentals,  fees and other charges, rates, contracts and service, of
    6  industrial development projects or  facilities  by  the  port  authority
    7  shall  be within its sole discretion and its decision in connection with
    8  any and all matters concerning industrial development projects or facil-
    9  ities  shall  be  controlling  and  conclusive;     provided  that   the
   10  construction and operation of any such project or facility shall conform
   11  to  the  environmental  and solid waste disposal standards and any state
   12  and county plans therefor in the state in which such project or facility
   13  is located.  At least ninety days prior to the authorization by the port
   14  authority of the first contract for the construction of  any  industrial
   15  development  project  or  facility, the port authority shall transmit to
   16  the governor of the state in which such project or  facility  is  to  be
   17  located a statement as to the conformance of such industrial development
   18  project  or  facility  with  such environmental and solid waste disposal
   19  standards and any state and county plans  therefor,  and  shall  consult
   20  with  such  governor  or  his  designee with respect thereto.   The port
   21  authority and the city, town, township or village in  which  any  indus-
   22  trial  development  project  or  facility is to be located and for whose
   23  benefit such project or facility is undertaken are hereby authorized and
   24  empowered to enter into an agreement  or  agreements  to  provide  which
   25  local  laws,  resolutions, ordinances, rules and regulations, if any, of
   26  such city, town, township or village affecting any  industrial  develop-
   27  ment  project  or facility shall apply to such project or facility.  All
   28  other existing local laws, resolutions, ordinances or  rules  and  regu-
   29  lations  not  provided for in such agreement shall be applicable to such
   30  industrial development projects or facilities.   All  such  local  laws,
   31  resolutions,  ordinances or rules and regulations enacted after the date
   32  of such agreement or agreements shall not be applicable to such projects
   33  or facilities unless made applicable by such agreement or agreements  or
   34  any modification or modifications thereto.
   35    So  long  as  any  facility  constituting  a portion of any industrial
   36  development project or facility shall be owned, controlled  or  operated
   37  by  the port authority, no public authority, agency, commission or muni-
   38  cipality of either or both of the two  states  shall  have  jurisdiction
   39  over such project or facility nor shall any such public authority, agen-
   40  cy,  commission  or municipality have any jurisdiction over the terms or
   41  method of effectuation of all or any portion thereof by the port author-
   42  ity including but not limited to the transfer  of  all  or  any  portion
   43  thereof  to  or  by  the  port  authority;   provided, however, the port
   44  authority is authorized and empowered to submit to the jurisdiction over
   45  such project or facility of either state or any  department  thereof  or
   46  any  such  public authority, agency, commission or municipality when the
   47  exercise of such jurisdiction is necessary  for  the  administration  or
   48  implementation  of  federal environmental or solid waste disposal legis-
   49  lation by either state.
   50    Nothing in this article shall be deemed to prevent the port  authority
   51  from  establishing, acquiring, owning, leasing, constructing, effectuat-
   52  ing,  developing,  maintaining,  operating,  rehabilitating,  improving,
   53  selling, transferring or mortgaging all or any portion of any industrial
   54  development  project  or facility through wholly owned subsidiary corpo-
   55  rations of the port authority or subsidiary corporations  owned  by  the
   56  port  authority  jointly with any public authority, agency or commission
       S. 3353                            166
    1  of either or both of the two states or from transferring to or from  any
    2  such corporations any moneys, real property or other property for any of
    3  the  purposes  of  this article.   If the port authority shall determine
    4  from  time  to time to form such a subsidiary corporation it shall do so
    5  by executing and filing with the secretary of state of the State of  New
    6  York and the secretary of state of the State of New Jersey a certificate
    7  of  incorporation,  which  may  be  amended from time to time by similar
    8  filing, which shall set forth the name of such  subsidiary  corporation,
    9  its  duration,  the  location  of its principal office, any joint owners
   10  thereof, and the purposes of the incorporation which  shall  be  one  or
   11  more  of  the  purposes  of  establishing,  acquiring,  owning, leasing,
   12  constructing, effectuating, developing, maintaining, operating, rehabil-
   13  itating, improving, selling,  transferring  or  mortgaging  all  or  any
   14  portion  of  any industrial development project or facility.  The direc-
   15  tors of such subsidiary corporation shall be the  same  persons  holding
   16  the offices of commissioners of the port authority together with persons
   17  representing any joint owner thereof as provided for in the agreement in
   18  connection  with the incorporation thereof.  Such subsidiary corporation
   19  shall have all the powers vested in the port authority  itself  for  the
   20  purposes  of  this  article  except  that it shall not have the power to
   21  contract indebtedness.  Such subsidiary corporation and any of its prop-
   22  erty, functions and activities shall have all of the privileges, immuni-
   23  ties, tax exemptions and other exemptions of the port authority  and  of
   24  the  port  authority's property, functions and activities.  Such subsid-
   25  iary corporation shall be subject to the restrictions and limitations to
   26  which the port authority may be subject, including, but not  limited  to
   27  the  requirement  that  no  action  taken at any meeting of the board of
   28  directors of such subsidiary corporation  shall  have  force  or  effect
   29  until  the governors of the two states shall have an opportunity, in the
   30  same manner and within the same time as now or hereafter provided by law
   31  for approval or veto of actions taken at any meeting of the port author-
   32  ity itself, to approve or veto such action.  Such subsidiary corporation
   33  shall be subject to suit in accordance with  subdivision  nine  of  this
   34  section  and  chapter three hundred one of the laws of New York of nine-
   35  teen hundred fifty and continued by article  XV  of  this  chapter,  and
   36  chapter  two  hundred four of the laws of New Jersey of nineteen hundred
   37  fifty-one as if such subsidiary  corporation  were  the  port  authority
   38  itself.    Such  subsidiary  corporation may be a participating employer
   39  under the New York retirement and social security law or any similar law
   40  of either state and the employees of any  such  subsidiary  corporation,
   41  except  those who are also employees of the port authority, shall not be
   42  deemed employees of the port authority.
   43    Whenever any state, municipality, commission, public authority,  agen-
   44  cy,  officer,  department, board or division is authorized and empowered
   45  for any of the purposes of this article to  co-operate  and  enter  into
   46  agreements  with  the port authority or to grant any consent to the port
   47  authority or to grant, convey, lease or otherwise transfer any  property
   48  to  the  port  authority or to execute any document, such state, munici-
   49  pality, commission, public authority, agency, officer, department, board
   50  or division shall have the same authorization and power for any of  such
   51  purposes  to  co-operate  and enter into agreements with such subsidiary
   52  corporation and to grant consents to such subsidiary corporation and  to
   53  grant,  convey,  lease or otherwise transfer property to such subsidiary
   54  corporation and to execute documents for such subsidiary corporation.
   55    13. The bonds issued by the port authority to provide funds for any of
   56  the purposes of this article are hereby made  securities  in  which  all
       S. 3353                            167
    1  state and municipal officers and bodies of both states, all trust compa-
    2  nies  and  banks other than savings banks, all building and loan associ-
    3  ations, savings and loan associations, investment  companies  and  other
    4  persons  carrying on a commercial banking business, all insurance compa-
    5  nies, insurance associations and other persons carrying on an  insurance
    6  business,  and  all  administrators,  executors, guardians, trustees and
    7  other fiduciaries, and all other persons whatsoever (other than  savings
    8  banks),  who  are  now or may hereafter be authorized by either state to
    9  invest in bonds of such state,  may  properly  and  legally  invest  any
   10  funds, including capital, belonging to them or within their control, and
   11  said  bonds are hereby made securities which may properly and legally be
   12  deposited with and shall be received by any state or  municipal  officer
   13  or agency of either state for any purpose for which the deposit of bonds
   14  of  such  state is now or may hereafter be authorized.  The bonds issued
   15  by the port authority to provide funds for any of the purposes  of  this
   16  article  as  security for which the general reserve fund shall have been
   17  pledged in whole or in part are hereby  made  securities  in  which  all
   18  savings  banks  also may properly and legally invest any funds including
   19  capital, belonging to them or within their control.
   20    14. Subsequent to and subject to the execution  of  the  agreement  or
   21  agreements  authorized  by subdivisions eleven and twelve hereof for the
   22  projects and facilities and at the locations specified therein,  if  the
   23  port  authority  shall  find  it  necessary,  convenient or desirable to
   24  acquire 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  tangible or intangible personal property), for any of  the  purposes  of
   27  this  act  whether  for  immediate  or  future  use (including temporary
   28  construction, rehabilitation or improvement),  the  port  authority  may
   29  find  and determine that such property, whether a fee simple absolute or
   30  a lesser interest, is required for a public use, and upon such  determi-
   31  nation the said property shall be and shall be deemed to be required for
   32  such  public  use  until otherwise determined by the port authority, and
   33  such determination shall not be affected by the fact that such  property
   34  has theretofore been taken for and is then devoted to a public use;  but
   35  the public use in the hands of or under the control of the port authori-
   36  ty  shall be deemed superior to the public use in the hands of any other
   37  person, association or corporation.
   38    The port authority may acquire and is hereby authorized so to  acquire
   39  from time to time, for any of the purposes of this article, such proper-
   40  ty,  whether  a  fee simple absolute or a lesser estate, by condemnation
   41  (including the exercise of the right of eminent domain) under and pursu-
   42  ant to the provisions of the eminent domain procedure law of  the  state
   43  of  New  York  in the case of property located in or having its situs in
   44  such state, and chapter three hundred  sixty-one  of  the  laws  of  New
   45  Jersey  of nineteen hundred seventy-one, in the case of property located
   46  in or having its situs in such state, or, at  the  option  of  the  port
   47  authority,  as provided in section fifteen of chapter forty-three of the
   48  laws of New Jersey of nineteen hundred forty-seven, as amended,  in  the
   49  case of property located in or having its situs in such state, or pursu-
   50  ant  to  such other and alternate procedure as may be provided by law of
   51  the state in which such property is located or has its situs; and all of
   52  said statutes for the acquisition of real property shall, for any of the
   53  purposes of this article, be applied also to the  acquisition  of  other
   54  property  authorized by this subdivision, except that such provisions as
   55  pertain to surveys, diagrams, maps, plans or  profiles,  assessed  valu-
   56  ation,  lis  pendens, service of notice and papers, filing in the office
       S. 3353                            168
    1  of the clerk in which the real property affected is  situated  and  such
    2  other  provisions  as  by  their nature cannot be applicable to property
    3  other than real property, shall not be applicable to the acquisition  of
    4  such  other  property.  In  the  event that any property other than real
    5  property is acquired for any of the purposes of this article under  this
    6  section  then,  with  respect  to  such  other  property, notice of such
    7  proceeding and all subsequent notices or court processes shall be served
    8  upon the owners of such other property and upon the  port  authority  by
    9  personal  service  or  by registered or certified mail, except as may be
   10  otherwise directed by the court.
   11    The  port  authority  is  hereby  authorized  and  empowered,  in  its
   12  discretion,  from  time  to  time to combine any property which is to be
   13  acquired as aforesaid by condemnation for any of the  purposes  of  this
   14  article for acquisition in a single action or proceeding notwithstanding
   15  that  part  of  the  property  so to be acquired is personal property or
   16  mixed real and personal property or may be owned by more than one owner.
   17    The owner of any property acquired by condemnation or the exercise  of
   18  the  right  of  eminent domain for any of the purposes of this act shall
   19  not be awarded for such property any increment above  the  just  compen-
   20  sation  required  by  the  constitutions of the United States and of the
   21  state or states in which the property is located or  has  its  situs  by
   22  reason of any circumstances whatsoever.
   23    Nothing  herein  contained  shall  be  construed  to  prevent the port
   24  authority from bringing any proceedings to remove a cloud  on  title  or
   25  such  other  proceedings  as  it may, in its discretion, deem proper and
   26  necessary, or  from  acquiring  any  such  property  by  negotiation  or
   27  purchase.
   28    Where  a person entitled to an award in the proceedings for the acqui-
   29  sition of property by condemnation or the right of  eminent  domain  for
   30  any  of the purposes of this article remains in possession of such prop-
   31  erty after the time of the vesting of title in the port  authority,  the
   32  reasonable  value  of this use and occupancy of such property subsequent
   33  to such time, as fixed by agreement or by the court in such  proceedings
   34  or  by any court of competent jurisdiction, shall be a lien against such
   35  award, subject only to liens of record at the time  of  the  vesting  of
   36  title in the port authority.
   37    15. The port authority and its duly authorized agents, and all persons
   38  acting  under  its  authority  and  by  its  direction, may enter in the
   39  daytime into and upon any real property for the purpose of  making  such
   40  surveys, diagrams, maps, plans, soundings or borings as the port author-
   41  ity  may deem necessary, convenient or desirable for any of the purposes
   42  of this article.
   43    16. Any declarations contained herein with respect to the governmental
   44  nature and public purpose  of  any  industrial  development  project  or
   45  facility  and  to the exemption of any industrial development project or
   46  facility property and instruments relating thereto from taxation and  to
   47  the  discretion  of  the port authority with respect to said projects or
   48  facilities shall not be construed to imply  that  other  port  authority
   49  facilities,  property and operations are not of a governmental nature or
   50  do not serve public purposes, or that they are subject to  taxation,  or
   51  that  the  determinations of the port authority with respect thereto are
   52  not conclusive.  The powers hereby vested in the port authority  and  in
   53  any  subsidiary corporation incorporated for any of the purposes of this
   54  act (including but not limited to the power to acquire real property  by
   55  condemnation  or  the  exercise of the right of eminent domain) shall be
   56  continuing powers and no exercise thereof by the  port  authority  or  a
       S. 3353                            169
    1  subsidiary  corporation  incorporated  for  any  of the purposes of this
    2  article shall be deemed to exhaust them or any of them.
    3    17.  This subdivision and the preceding subdivisions hereof constitute
    4  an agreement between the states of New York and New Jersey supplementary
    5  to the compact between the two states dated  April  thirtieth,  nineteen
    6  hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
    7  construed to effectuate the purposes of said compact and of the  compre-
    8  hensive plan heretofore adopted by the two states, and the powers grant-
    9  ed  to  the port authority shall be construed to be in aid of and not in
   10  limitation or in derogation of any other  powers,  heretofore  conferred
   11  upon or granted to the port authority.
   12    18.  If any section, part, phrase, or provision of this article or the
   13  application thereof to any person or circumstances be  adjudged  invalid
   14  by  any  court  of  competent  jurisdiction,  so  long as the section or
   15  remainder of the article shall nonetheless permit the effectuation, as a
   16  unified project, of any industrial development project or facility, such
   17  judgment shall be confined  in  its  operation  to  the  section,  part,
   18  phrase, provision or application directly involved in the controversy in
   19  which  such  judgment  shall  have been rendered and shall not affect or
   20  impair the validity of the remainder of  this  act  or  the  application
   21  thereof  to  other  persons  or  circumstances and the two states hereby
   22  declare that they would have entered into this article or the  remainder
   23  thereof had the invalidity of such provision or application thereof been
   24  apparent.
   25    19.  A  copy  of the minutes of any action taken at any meeting of the
   26  port authority in connection with any modification, addition or deletion
   27  in or to any or all of the covenants  with  or  pledges  to  bondholders
   28  contained in a resolution authorizing the issuance of consolidated bonds
   29  of  the  port  authority from such covenants or pledges set forth in the
   30  immediately preceding resolution of the port authority  authorizing  the
   31  issuance  of  such bonds shall be filed with the temporary president and
   32  minority leader of the senate and the speaker and minority leader of the
   33  assembly of the state of New York and the secretary of  the  senate  and
   34  clerk  of  the  general  assembly  of the state of New Jersey within ten
   35  calendar days prior to transmitting the same to  the  governor  of  each
   36  state  for review if the legislature of such state be in session and not
   37  adjourned for more than two days, and, in the event the legislatures  of
   38  the  respective states are not in session or are adjourned for more than
   39  two days, the same shall be filed with  such  officers  thirty  calendar
   40  days  prior  to  transmitting the same to the governor of each state for
   41  review.  Notice of such filing shall be provided to the governor of each
   42  state at the same time.
   43    The temporary president and minority leader  of  the  senate  and  the
   44  speaker and minority leader of the assembly of the state of New York and
   45  the  speaker  of the general assembly and the president of the senate of
   46  the state of New Jersey, or their representatives designated by them  in
   47  writing for this purpose, may by certificate filed with the secretary of
   48  the  port  authority waive the foregoing filing requirement with respect
   49  to any specific minutes.
   50    20. The port authority shall file with  the  temporary  president  and
   51  minority  leader  of  the senate, the speaker and minority leader of the
   52  assembly, the chairman of the assembly ways and means committee and  the
   53  chairman  of  the  senate finance committee of the state of New York and
   54  the president, minority leader and  secretary  of  the  senate  and  the
   55  speaker  and  minority  leader  and clerk of the general assembly of the
   56  state of New Jersey a copy of the minutes of any  action  taken  at  any
       S. 3353                            170
    1  public  meeting  of  the  port  authority  in connection with any of the
    2  purposes of this article.  Such filing shall be made at least ten calen-
    3  dar days before such minutes are transmitted to  the  governor  of  each
    4  state  for  review;   and notice of such filing shall be provided to the
    5  governor of each state at the same time.
    6    The temporary president and minority leader of the senate, the speaker
    7  and minority leader of the assembly, the chairman of the  assembly  ways
    8  and  means committee and the chairman of the senate finance committee of
    9  the state of New York and the speaker and minority leader of the general
   10  assembly and the president and the minority leader of the senate of  the
   11  state  of  New  Jersey,  or  their representatives designated by them in
   12  writing for this purpose, may by certificate filed with the secretary of
   13  the port authority waive the foregoing filing requirement  with  respect
   14  to any specific minutes.
   15    21.  The comptroller of the state of New York and the treasurer of the
   16  state of New Jersey may each from time to time request a special  report
   17  with  such  information  as  each  such officer may require with respect
   18  thereto from the port authority with respect to any  or  all  industrial
   19  development projects or facilities.
   20                                ARTICLE XXIX
   21                             BUS TRANSPORTATION
   22  Section 2901. Findings and determinations.
   23          2902. Definitions.
   24          2903. Bus transportation.
   25    S  2901.  Findings and determinations.  The states of New York and New
   26  Jersey hereby find and determine that:
   27    1. The efficient, economical and  convenient  mass  transportation  of
   28  persons  to, from and within the port district as defined in the compact
   29  between the two states dated April thirtieth, nineteen  hundred  twenty-
   30  one  is  vital and essential to the preservation and economic well being
   31  of the northern New Jersey-New York metropolitan area;
   32    2. In order to deter the economic deterioration of  the  northern  New
   33  Jersey-New  York  metropolitan  area  adequate  facilities  for the mass
   34  transportation of persons must be provided and buses are and will remain
   35  of extreme importance in such transportation;
   36    3. The provision of mass transportation including  bus  transportation
   37  in  urban  areas has become financially burdensome and may result in the
   38  additional curtailment of significant portions of this essential  public
   39  service;
   40    4.  The  economic viability of the existing facilities operated by the
   41  port authority is dependent upon the effective and efficient functioning
   42  of the transportation network of the northern New Jersey-New York metro-
   43  politan area and access to and proper utilization of such port authority
   44  facilities would be adversely affected if users  of  bus  transportation
   45  were to find such transportation unavailable or significantly curtailed;
   46    5.  Buses serving regional bus routes and feeder bus routes and ancil-
   47  lary bus facilities constitute an essential part of  the  mass  commuter
   48  facilities of the port district;
   49    6.  The continued availability of bus transportation requires substan-
   50  tial replacement of and additions to the number of  buses  presently  in
   51  use in the northern New Jersey-New York metropolitan area;
   52    7. The port authority which was created by agreement of the two states
   53  as  their joint agent for the development of transportation and terminal
   54  facilities and other facilities of commerce of the port district and for
       S. 3353                            171
    1  the promotion and protection of the commerce of their port, is a  proper
    2  agency  to  provide  such  buses  to  each  of  the  two states and such
    3  provision of buses by the port authority  is  in  the  interest  of  the
    4  continued  viability  of the facilities of the port authority, and is in
    5  the public interest;
    6    8. The operation of the facilities of the  port  authority,  including
    7  but not limited to the port authority bus terminal at forty-first street
    8  and  eighth  avenue in New York county in the city and state of New York
    9  and the extension  thereto  currently  under  construction  (hereinafter
   10  called the "bus terminal"), the George Washington bridge bus station and
   11  the  provision  of  buses  and ancillary bus facilities pursuant to this
   12  article involve the exercise of public and essential governmental  func-
   13  tions  which  must  be  performed by the two states or any municipality,
   14  public authority, agency, or commission of either or both states;
   15    9. The revision to the port authority bridge and tunnel toll schedules
   16  which  was  effective  May  fifth,  nineteen  hundred  seventy-five,  is
   17  expected  to  result in additional revenues to the port authority suffi-
   18  cient to support the financing  with  consolidated  bonds  of  the  port
   19  authority  of  approximately  four hundred million dollars for passenger
   20  mass transportation  capital  projects  (hereinafter  called  "passenger
   21  facilities"),  approximately  one  hundred sixty million dollars thereof
   22  being allocated to the extension to the bus terminal, with the remaining
   23  two hundred forty million dollars to be allocated on the  basis  of  one
   24  hundred  twenty  million dollars in each state for passenger facilities,
   25  including but not limited to the acquisition, development and  financing
   26  of  buses  and  related facilities, as determined by each such state and
   27  the port authority acting  pursuant  to  legislative  authorization  and
   28  commitments to the holders of port authority obligations; and
   29    10.  The  port  authority's  function  as a regional agency of the two
   30  states makes it appropriate that line-haul regional bus route  passenger
   31  facilities be equipped pursuant to this article with buses and ancillary
   32  bus  facilities  and that the need for development and equipment of such
   33  routes be satisfied on a priority basis.
   34    S 2902. Definitions.  For the purpose of this article:
   35    1. "Ancillary bus facilities" shall mean any facilities useful in  the
   36  provision of service for line-haul regional or feeder bus routes includ-
   37  ing  but  not  limited to (a) fare collection, communication, signal and
   38  identification equipment, (b) equipment to aid in the provision  of  bus
   39  service  to  the  elderly  and  handicapped, (c) maintenance, repair and
   40  storage facilities and equipment, and (d) bus stations for use primarily
   41  by passengers traveling between New  York  and  New  Jersey;  automobile
   42  parking  lots  for  use  by  people  who  transfer to buses on line-haul
   43  regional bus routes or feeder bus routes; and shelters at  roadside  bus
   44  stops to afford waiting bus passengers protection from precipitation and
   45  wind;
   46    2.  "Buses"  shall  mean  vehicles containing seats for twelve or more
   47  passengers which are designed for and regularly used in scheduled common
   48  carrier passenger mass transportation service on streets,  highways  and
   49  exclusive  busways  and  which  are  not  designed  or used for railroad
   50  purposes;
   51    3. "Consolidated bonds" shall mean consolidated  bonds  of  the  issue
   52  established  by  the  resolution  of the port authority, adopted October
   53  ninth, nineteen hundred fifty-two;
   54    4. "Develop" shall mean plan, design, construct, improve or  rehabili-
   55  tate;
       S. 3353                            172
    1    5. "Feeder bus routes" shall mean those bus routes entirely within the
    2  regional bus area which connect within the port district with a bus stop
    3  on  a  line-haul  regional  bus  route, a passenger ferry, or a railroad
    4  station;
    5    6.  "Line-haul  regional  bus  routes" shall mean bus routes which are
    6  entirely within the regional bus area and  which  extend  from  a  point
    7  outside  the  county  in which the bus terminal is located to a point in
    8  such county;
    9    7. "Municipality" shall mean a county, city, borough,  village,  town,
   10  township,  or  other  similar  political  subdivision of New York or New
   11  Jersey;
   12    8. "Person" shall mean any person, including individuals, firms, part-
   13  nerships, associations, societies, trusts, public utilities,  public  or
   14  private  corporations,  or  other  legal  entities,  including public or
   15  governmental bodies, which may include the port authority,  as  well  as
   16  natural persons;
   17    9.  "Railroad station" shall mean a stop on a rail or subway system at
   18  which passengers embark or disembark; and
   19    10. "Regional bus area" shall mean that area in the states of New York
   20  and New Jersey which lies within a radius of seventy-five miles  of  the
   21  bus terminal.
   22    S  2903.  Bus transportation. 1.  The port authority is authorized and
   23  empowered to acquire, develop, finance, and transfer buses and ancillary
   24  bus facilities for the purpose  of  leasing,  selling,  transferring  or
   25  otherwise  disposing  of such buses and ancillary bus facilities only to
   26  the state of New York and the state of  New  Jersey  or  to  any  public
   27  authority,  agency, commission, city or county thereof and designated by
   28  such state (hereinafter called the "lessee"). Such  buses  may  be  used
   29  only  on  line-haul regional bus routes or on feeder bus routes and such
   30  ancillary bus facilities shall be developed for and used  in  connection
   31  with  buses  which travel on line-haul regional bus routes or feeder bus
   32  routes; provided, however, that (a) such buses may be used  for  charter
   33  bus  trips  which  originate  in the regional bus area, which take place
   34  when such buses are not needed for service  on  line-haul  regional  bus
   35  routes  or  feeder  bus  routes,  and  which  comply with all applicable
   36  requirements including but not limited to those of  the  port  authority
   37  and the lessee; and (b) provided that fare collection, communication and
   38  identification  equipment and maintenance, repair and storage facilities
   39  and  equipment  acquired  pursuant  to  this  act  may  be  utilized  in
   40  connection with bus service which is not on line-haul regional or feeder
   41  bus  routes  to  the  extent that such utilization shall comply with all
   42  applicable requirements including but not limited to those of  the  port
   43  authority and the lessee. Ancillary bus facilities which are not located
   44  on  buses  or which are not otherwise intended to be moved from place to
   45  place shall be located only within the port district.
   46    2. Any such lease, sale, transfer or other disposition  of  buses  and
   47  ancillary  bus facilities shall be on such terms and conditions, includ-
   48  ing consideration, consistent with this article as  the  port  authority
   49  shall  deem  in the public interest and which shall be acceptable to the
   50  port authority and the lessee. Notwithstanding any contrary provision of
   51  law, general, special or local, part of the consideration for  any  such
   52  lease  or  transfer shall consist of an agreement by the lessee to main-
   53  tain and use such buses and ancillary  bus  facilities,  or  cause  such
   54  buses  and  ancillary bus facilities to be maintained and used by others
   55  under agreement with the lessee, in the effective and  efficient  trans-
   56  portation of passengers in accordance with this act and the port author-
       S. 3353                            173
    1  ity  may  accept  such  agreement in lieu of any other consideration for
    2  such lease or transfer. The lessee shall be responsible for  the  proper
    3  operation,  maintenance,  repair  and use of the buses and ancillary bus
    4  facilities  and the port authority shall not be liable in any respect by
    5  reason of the ownership, development, operation, maintenance, repair  or
    6  use  of  such  buses and ancillary bus facilities. Anything contained in
    7  this article to the contrary notwithstanding, development of such  buses
    8  and ancillary bus facilities and introduction into service of such buses
    9  shall be subject to the approval of the lessee.
   10    3.  The  two  states  covenant  and agree with each other and with the
   11  holders of the present and future obligations of the port authority that
   12  (a) the lessee of buses or ancillary bus facilities leased,  transferred
   13  or  otherwise  disposed of pursuant to this article shall be required to
   14  defend and to provide for indemnification, subject to appropriations  or
   15  other  funds  which are or become legally available for this purpose, of
   16  the port authority against any liability of whatsoever form or nature as
   17  may be imposed upon the port  authority  by  reason  of  the  ownership,
   18  development,  operation,  maintenance,  repair or use thereof or arising
   19  otherwise out of the port authority's interest therein; (b)  the  lessee
   20  shall be required to provide for and be responsible for the proper oper-
   21  ation,  maintenance,  repair,  and  use  of such buses and ancillary bus
   22  facilities leased, transferred or otherwise disposed of pursuant to this
   23  article and the port authority shall have no responsibility as  to  such
   24  operation,  maintenance,  repair  or use; and (c) neither the states nor
   25  the port authority will apply to  any  purpose  in  connection  with  or
   26  relating  to  the  operation,  maintenance, repair or use of such bus or
   27  ancillary bus facilities leased, transferred or  otherwise  disposed  of
   28  pursuant  to  this  article,  other than purposes in connection with the
   29  utilization of other port authority facilities by such buses and passen-
   30  ger information purposes, any of the rentals, tolls, fares, fees, charg-
   31  es, revenues, reserves or other funds of the port authority  which  have
   32  been or shall be pledged in whole or in part as security for obligations
   33  as  security  for which there may be or shall be pledged, in whole or in
   34  part the general reserve fund of the port authority.
   35    4. Any capital expenditures by the port authority for buses and ancil-
   36  lary bus  facilities  to  be  leased,  sold,  transferred  or  otherwise
   37  disposed  of pursuant to this article shall be made with the proceeds of
   38  consolidated bonds of the port authority, which may be issued to finance
   39  such capital expenditures, and such capital expenditures shall be a part
   40  of and shall not exceed the allocations for passenger facilities  to  be
   41  made from time to time as determined in accordance with subdivision nine
   42  of section twenty-nine hundred one of this article.
   43    5.  The  port  authority is authorized and empowered to cooperate with
   44  the states of New York and New Jersey, with  any  municipality  thereof,
   45  with  the federal government and any public authority, agency or commis-
   46  sion of the foregoing or with any one or more of them or with any  other
   47  person  to  the extent that it finds it necessary and desirable to do so
   48  in connection with the  acquisition,  development,  financing,  leasing,
   49  sale,  transfer  or other disposition of buses and ancillary bus facili-
   50  ties and to enter into an agreement or agreements (and from time to time
   51  to enter into agreements amending or supplementing the same)  with  said
   52  states,  municipalities,  federal  government, public authorities, agen-
   53  cies, commissions and persons or with any one or more  of  them  for  or
   54  relating to such purposes.
   55    6.  Notwithstanding any contrary provision of law, general, special or
   56  local, either state or any municipality, public  authority,  agency,  or
       S. 3353                            174
    1  commission  of  either or both of said two states or any other person is
    2  authorized and empowered to cooperate with the  port  authority  and  to
    3  enter  into  an  agreement or agreements (and from time to time to enter
    4  into  agreements  amending  or  supplementing  the  same)  with the port
    5  authority including but not limited to the agreements  with  respect  to
    6  buses  and  ancillary  bus  facilities  leased, transferred or otherwise
    7  disposed of pursuant to this article, upon  such  reasonable  terms  and
    8  conditions  as determined by such state, municipality, public authority,
    9  agency, commission or person and the port authority.
   10    7. Any consent by a municipality shall be given and the terms,  condi-
   11  tions  and  execution  by  a municipality of any agreement, deed, lease,
   12  conveyance or other instrument pursuant to this subdivision or any other
   13  subdivision of this section shall be authorized in the  manner  provided
   14  in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
   15  hundred twenty-one between the two states creating the  port  authority,
   16  except  that as to towns in the state of New York, such consent shall be
   17  authorized in the manner provided in the town law and as to counties  in
   18  the  state of New Jersey, such consent shall be authorized in the manner
   19  provided in New Jersey statutes annotated,  title  forty:  chapter  one,
   20  section  one,  et  seq. The terms and conditions and execution by either
   21  state of  any  agreement,  consent,  designation,  determination,  deed,
   22  lease,  conveyance  or  other instrument pursuant to this subdivision or
   23  any other subdivision of this section shall be effective  if  authorized
   24  by the governor of such state. The powers herein granted to either state
   25  or  any  municipality,  public  authority, agency or commission shall be
   26  construed to be in aid of and not in limitation or in derogation of  any
   27  such  powers  heretofore  or hereafter conferred upon or granted to such
   28  state, municipality, public authority, agency or commission. Any consent
   29  by a public authority, agency or commission shall be effective if  given
   30  by such public authority, agency or commission.
   31    8. The port authority shall be required to pay no taxes or assessments
   32  upon  any  of the property, real or personal, acquired or used by it for
   33  any purpose of this article or upon any lease, deed, mortgage  or  other
   34  instrument  affecting such property or upon the recording of any instru-
   35  ment made in connection with the  acquisition,  development,  financing,
   36  lease, sale, transfer or other disposition or use of such property.
   37    9.  The port authority shall not be subject to the jurisdiction of any
   38  municipality, public authority, agency or commission of either  or  both
   39  of  the  two  states  in  connection  with the acquisition, development,
   40  financing, lease, sale, transfer or other disposition of  buses,  ancil-
   41  lary bus facilities or otherwise in connection with the purposes of this
   42  article.
   43    10.  The  acquisition, development, financing, leasing, sale, transfer
   44  or other disposition by the port authority of buses  and  ancillary  bus
   45  facilities  in  accordance  with  this  article  are  and will be in all
   46  respects for the benefit of the people of the said two states,  for  the
   47  increase  of  their  commerce  and prosperity and for the improvement of
   48  their health, safety and living conditions and shall  be  deemed  to  be
   49  public  purposes; and the port authority shall be regarded as performing
   50  an essential governmental  function  in  undertaking  such  acquisition,
   51  development,  financing, leasing, sale, transfer or other disposition or
   52  otherwise carrying out the provisions of this article.
   53    11. Any declarations contained herein with respect to the governmental
   54  nature and public purposes of the facilities authorized by this  article
   55  and to the exemption of such facilities and instruments relating thereto
   56  from  taxation  and to the discretion of the port authority with respect
       S. 3353                            175
    1  to said facilities shall not be  construed  to  imply  that  other  port
    2  authority  facilities, property and operations are not of a governmental
    3  nature or do not serve public purposes, or  that  they  are  subject  to
    4  taxation,  or that the determinations of the port authority with respect
    5  thereto are not conclusive.
    6    12. This subdivision and the preceding subdivisions hereof  constitute
    7  an agreement between the states of New York and New Jersey supplementary
    8  to  the  compact  between the two states dated April thirtieth, nineteen
    9  hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
   10  construed  to effectuate the purposes of said compact and of the compre-
   11  hensive plan heretofore adopted by the two states, and the powers grant-
   12  ed to the port authority shall be construed to be in aid of and  not  in
   13  limitation  or  in  derogation  of any other powers heretofore conferred
   14  upon or granted to the port authority.
   15    S 31. Chapter 40-A of the  consolidated  laws  constituting  the  port
   16  authority  of  New York and New Jersey created by section thirty of this
   17  act shall be deemed for all purposes to be a continuation  of  the  port
   18  authority  of  New York and New Jersey as it was constituted immediately
   19  preceding the effective date of this act and shall not be construed as a
   20  newly created authority.  All unexpended balances of  appropriations  of
   21  monies  heretobefore made or allocated to the port authority of New York
   22  and New Jersey as such authority was constituted  immediately  preceding
   23  the  effective  date  of this act, whether obligated or unobligated, are
   24  hereby transferred to and made available to the port  authority  of  New
   25  York  and  New  Jersey  as  created  in section thirty of this act.  All
   26  rules, regulations, orders, determinations, and decisions  of  the  port
   27  authority  of New York and New Jersey, as it was constituted immediately
   28  preceding the effective date of this act, shall continue in  full  force
   29  and  effect  as rules, regulations, orders, determinations and decisions
   30  of the port authority of New York and  New  Jersey  created  by  section
   31  thirty of this act.
   32    S  32. Severability clause. If any clause, sentence, paragraph, subdi-
   33  vision, section or part of this act shall be adjudged by  any  court  of
   34  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   35  impair, or invalidate the remainder thereof, but shall  be  confined  in
   36  its  operation  to the clause, sentence, paragraph, subdivision, section
   37  or part thereof directly involved in the controversy in which such judg-
   38  ment shall have been rendered. It is hereby declared to be the intent of
   39  the legislature that this act would  have  been  enacted  even  if  such
   40  invalid provisions had not been included herein.
   41    S  33.  This  act shall take effect upon the enactment into law by the
   42  state of New Jersey of legislation having an identical effect with  this
   43  act,  but  if  the  state  of New Jersey shall have already enacted such
   44  legislation this act shall take effect immediately. The chairman of  the
   45  port  authority  shall  notify  the legislative bill drafting commission
   46  upon the enactment into law of such legislation by both such  states  in
   47  order  that the commission may maintain an accurate and timely effective
   48  data base of the official text of the laws of the state of New  York  in
   49  furtherance  of effecting the provision of section 44 of the legislative
   50  law and section 70-b of the public officers law.