Bill Text: NY S04456 | 2023-2024 | General Assembly | Introduced
Bill Title: Constitutes chapter 28-A of the consolidated laws as the interstate authorities law; continues all operations of the Port Authority of New York and New Jersey; repeals chapters relating to the Port Authority of New York and New Jersey.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S04456 Detail]
Download: New_York-2023-S04456-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4456 2023-2024 Regular Sessions IN SENATE February 9, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to repeal chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey; to repeal chapter 43 of the laws 1922 relating to the development of the port of New York; to repeal chapter 47 of the laws of 1931 relating to bridges and tunnels in New York and New Jersey; to repeal chapter 700 of the laws of 1927 relat- ing 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 termi- nal and transportation facilities relating thereto; to repeal chapter 553 of the laws of 1931 relating to payment of a fair and reasonable sum by the port authority; 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 chap- ter 352 of the laws of 1946 relating to monies for preliminary studies upon the interstate vehicular bridges known as the Outerbridge cross- ing, 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 terminal 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 chap- ter 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 authori- ty; to repeal chapter 206 of the laws of 1951 relating to traffic regulations for air and marine terminals; to repeal chapter 207 of the laws of 1951 relating to penalties for violation of rules and regu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04050-01-3S. 4456 2 lations; 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 rail- road cars by the port of New York authority and agreeing with the state of New Jersey with respect thereto; 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, facili- tation, promotion, preservation and protection of trade and commerce in and through the port of New York district through the financing and effectuation of industrial development projects therein by the port authority of New York and New Jersey, and agreeing with the state of New Jersey with respect thereto; to repeal chapter 12 of the laws of 1979, relating to the acquisition, development, financing and transfer of buses and related facilities by the port authority of New York and New Jersey and the utilization thereof; to repeal chapter 882 of the laws of 1953 relating to waterfront employment and air freight indus- try regulation; and relating to constituting chapter 28 of the consol- idated laws, in relation to the interstate authorities law 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 § 2. Chapter 43 of the laws of 1922 relating to the development of the 4 port of New York is REPEALED. 5 § 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in 6 New York and New Jersey is REPEALED. 7 § 4. Chapter 700 of the laws of 1927 relating to the veto power of the 8 governor is REPEALED. 9 § 5. Chapter 48 of the laws of 1931 regulating the use of revenues 10 received by the port of New York authority from or in connection with 11 the operation of terminal and transportation facilities is REPEALED. 12 § 6. Chapter 553 of the laws of 1931 relating to the payment of a fair 13 and reasonable sum by the port authority is REPEALED. 14 § 7. Chapter 876 of the laws of 1935 relating to the payment of a fair 15 and reasonable sum for a change in grade is REPEALED. 16 § 8. Chapter 203 of the laws of 1938 relating to the sale of real 17 property acquired by the port authority is REPEALED. 18 § 9. Chapter 163 of the laws of 1945 relating to motor truck terminals 19 is REPEALED. 20 § 10. Chapter 352 of the laws of 1946 relating to monies for prelimi- 21 nary studies upon the interstate vehicular bridges known as the Outer- 22 bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.S. 4456 3 1 § 11. Chapter 443 of the laws of 1946 relating to the financing and 2 effectuating of a motor bus terminal by the port authority is REPEALED. 3 § 12. Chapter 631 of the laws of 1947 relating to the development of 4 marine terminals by the port authority is REPEALED. 5 § 13. Chapter 802 of the laws of 1947 relating to the financing of air 6 terminals by the port authority is REPEALED. 7 § 14. Chapter 819 of the laws of 1947 relating to the port authority's 8 ability to exercise the right of eminent domain is REPEALED. 9 § 15. Chapter 301 of the laws of 1950 relating to suits against the 10 port authority is REPEALED. 11 § 16. Chapter 774 of the laws of 1950 relating to the rules and regu- 12 lations governing traffic on vehicular crossings operated by the port 13 authority is REPEALED. 14 § 17. Chapter 206 of the laws of 1951, relating to traffic regulations 15 for air and marine terminals, is REPEALED. 16 § 18. Chapter 207 of the laws of 1951, relating to penalties for 17 violation of rules and regulations, is REPEALED. 18 § 19. Chapter 142 of the laws of 1953, relating to smoking regulations 19 for air and marine terminals, is REPEALED. 20 § 20. Chapter 143 of the laws of 1953, relating to suits on leases at 21 International Airport, is REPEALED. 22 § 21. Chapter 808 of the laws of 1955, relating to the Narrows bridge, 23 is REPEALED. 24 § 22. Chapter 444 of the laws of 1956, relating to New Jersey turnpike 25 connections, is REPEALED. 26 § 23. Chapter 638 of the laws of 1959, relating to the purchase, 27 financing and rental of commuter railroad cars by the port of New York 28 authority and agreeing with the state of New Jersey with respect there- 29 to, is REPEALED. 30 § 24. Chapter 209 of the laws of 1962, relating to the financing and 31 effectuation by the port of New York authority of a port development 32 project, consisting of the Hudson tubes, the Hudson tubes extensions and 33 a world trade center, is REPEALED. 34 § 25. Chapter 665 of the laws of 1964, relating to the operation with- 35 in the state of New York of the Hudson tubes and the Hudson tubes exten- 36 sions, is REPEALED. 37 § 26. Chapter 474 of the laws of 1971, relating to the authorization 38 of the port of New York authority to provide access by mass transporta- 39 tion facilities to air terminals, is REPEALED. 40 § 27. Chapter 651 of the laws of 1978, relating to the further coordi- 41 nation, facilitation, promotion, preservation and protection of trade 42 and commerce in and through the port of New York district through the 43 financing and effectuation of industrial development projects therein by 44 the port authority of New York and New Jersey, and agreeing with the 45 state of New Jersey with respect thereto, is REPEALED. 46 § 28. Chapter 12 of the laws of 1979, relating to the acquisition, 47 development, financing and transfer of buses and related facilities by 48 the port authority of New York and New Jersey and the utilization there- 49 of, is REPEALED. 50 § 29. Chapter 882 of the laws of 1953 relating to waterfront employ- 51 ment and air freight industry regulation is REPEALED. 52 § 30. Chapter 28-A of the consolidated laws is added to read as 53 follows: 54 CHAPTER 28-A OF THE CONSOLIDATED LAWS 55 INTERSTATE AUTHORITIES LAWS. 4456 4 1 Article 2 1. Port Authority of New York and New Jersey 3 2. The Waterfront and Airport Commission of New York and New Jersey 4 Compact 5 Article 1 - PORT AUTHORITY OF NEW YORK AND NEW JERSEY 6 TABLE OF CONTENTS 7 Part I. General Provisions (§§101-124) 8 Part II. Development of the Port of New York (§§201-206) 9 Part III. Bridges and tunnels in New York and New Jersey (§§301-309) 10 Part IV. Approval or veto power of the Governor (§§401-404) 11 Part V. Motor truck terminals (§§501-502) 12 Part VI. Payment and acceptance of a fair and reasonable sum 13 (§§601-602) 14 Part VII. Payment and acceptance of a fair and reasonable sum for a 15 change in grade (§701) 16 Part VIII. The sale of real property acquired by the Port Authority 17 (§§801-802) 18 Part IX. Moneys for preliminary studies (§§901-907) 19 Part X. Motor bus terminal (§§1001-1005) 20 Part XI. Marine terminals (§§1101-1108) 21 Part XII. Air terminals (§§1201-1216) 22 Part XIII. Eminent domain (§§1301) 23 Part XIV. Suits against the Port Authority (§§1401-1411) 24 Part XV. Traffic regulations for vehicular crossings (§§1501-1519) 25 Part XVI. Rules and regulations governing traffic on highways in Port 26 Authority air and marine terminals (§§1601-1613) 27 Part XVII. New York - New Jersey agreement (§§1701-1702) 28 Part XVIII. Smoking regulation for terminals (§§1801-1802) 29 Part XIX. Suits on lease at International Airport (§§1901-1905) 30 Part XX. Narrows bridge (§§2001-2014) 31 Part XXI. New Jersey turnpike connections (§§2101-2103) 32 Part XXII. Commuter railroad cars (§2201) 33 Part XXIII. World trade center (§2301) 34 Part XXIV. Suits against the Port Authority (§§2401-2402) 35 Part XXV. Rules and regulations governing operation of Hudson tubes 36 (§2501) 37 Part XXVI. Mass transportation facilities to air terminals (§§2601) 38 Part XXVII. Industrial development projects and facilities 39 (§§2701-2703) 40 Part XXVIII. Bus transportation (§§2801-2803) 41 Part XXIX. General reserve fund (§§2901-2903) 42 Article 2 - THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK 43 AND NEW JERSEY COMPACT 44 TABLE OF CONTENTS 45 Part I. The waterfront and airport commission of New York and New 46 Jersey compact (§§3001-3017) 47 Part II. Waterfront commission compact (§§3101-3123) 48 Part III. Commission established for New York state (§§3201-3204) 49 Part IV. Compact (§§3301-3311) 50 Part V. Officers and employees; civil penalties and enforcement 51 (§§3401-3410)S. 4456 5 1 ARTICLE I 2 PORT AUTHORITY OF NEW YORK AND NEW JERSEY 3 PART I 4 GENERAL PROVISIONS 5 Section 101. Short title. 6 102. Legislative intent. 7 103. Definitions. 8 104. Port authority of New York and New Jersey. 9 105. Port of New York district. 10 106. Commissioners and officers. 11 107. Power of the port authority. 12 108. Open meetings. 13 109. Copy of minutes. 14 110. Needs assessment. 15 111. Subsidiaries of the port authority. 16 112. Annual reporting. 17 113. Property disposition, debt issuance, capital plan and oper- 18 ating budget. 19 114. State of emergency; domestic companion animal. 20 115. Public meetings. 21 116. Minutes of public meetings. 22 117. Jurisdiction. 23 118. Powers of municipalities to develop or improve. 24 119. Comprehensive development. 25 120. Recommendations. 26 121. Expense of operations. 27 122. Port authority as an agency. 28 123. Notice of claim. 29 124. Regulations. 30 § 101. Short title. This chapter shall be known and may be cited as 31 the "port authority of New York and New Jersey act". 32 § 102. Legislative intent. William R. Willcox, Eugenius H. Outer- 33 bridge and Murray Hulbert, or any two of them, commissioners heretofore 34 appointed under chapter four hundred and twenty-six of the laws of nine- 35 teen hundred and seventeen of the state of New York, together with the 36 attorney-general of the state of New York, are hereby authorized as 37 commissioners upon the part of the state of New York to enter into, with 38 the state of New Jersey, by and through the commissioners appointed or 39 who may be appointed under or by virtue of a law of the legislature of 40 the state of New Jersey, an agreement or compact in the form following, 41 that is to say: 42 Whereas, In the year eighteen hundred and thirty-four the states of 43 New York and New Jersey did enter into an agreement fixing and determin- 44 ing the rights and obligations of the two states in and about the waters 45 between the two states, especially in and about the bay of New York and 46 the Hudson river; and 47 Whereas, Since that time the commerce of the port of New York has 48 greatly developed and increased and the territory in and around the port 49 has become commercially one center or district; and 50 Whereas, It is confidently believed that a better co-ordination of the 51 terminal, transportation and other facilities of commerce in, about and 52 through the port of New York, will result in great economies, benefiting 53 the nation, as well as the states of New York and New Jersey; and 54 Whereas, The future development of such terminal, transportation and 55 other facilities of commerce will require the expenditure of large sumsS. 4456 6 1 of money and the cordial co-operation of the states of New York and New 2 Jersey in the encouragement of the investment of capital, and in the 3 formulation and execution of the necessary physical plans; and 4 Whereas, Such result can best be accomplished through the co-operation 5 of the two states by and through a joint or common agency. 6 Now, therefore, the said states of New Jersey and New York do supple- 7 ment and amend the existing agreement of eighteen hundred and thirty- 8 four in the following respects. 9 They agree to and pledge, each to the other, faithful co-operation in 10 the future planning and development of the port of New York, holding in 11 high trust for the benefit of the nation the special blessings and 12 natural advantages thereof. 13 § 103. Definitions. The following terms shall have the following 14 meanings unless otherwise provided: 15 1. "Board" means the board of commissioners of the port authority of 16 New York and New Jersey. 17 2. "Committee" or "committees" means any standing committee estab- 18 lished by the board tasked with, including, but not limited to, the 19 audit responsibility, governance responsibility and finance responsibil- 20 ity required to be established pursuant to this chapter. 21 3. "Consent, approval or recommendation of municipality" means wherev- 22 er the consent, approval or recommendation of a "municipality" is 23 required, the word "municipality" shall be taken to include any city or 24 incorporated village within the port district, and in addition in the 25 state of New Jersey any borough, town, township or any municipality 26 governed by an improvement commission within the district. Such consent, 27 approval or recommendation whenever required in the case of the city of 28 New York shall be deemed to have been given or made whenever the board 29 of estimate and apportionment of said city or any body hereafter 30 succeeding to its duties shall by a majority vote pass a resolution 31 expressing such consent, approval or recommendation; and in the case of 32 any municipality now or hereafter governed by a commission, whenever the 33 commission thereof shall by majority vote pass such a resolution; and in 34 all other cases whenever the body authorized to grant consent to the use 35 of the streets or highways of such municipality shall by a majority vote 36 pass such a resolution. 37 4. "Facility" shall include all works, buildings, structures, appli- 38 ances and appurtenances necessary and convenient for the proper 39 construction, equipment, maintenance and operation of such facility or 40 facilities or any one or more of them. 41 5. "To lease" shall include to rent or to hire. 42 6. "Meeting" means any gathering, whether corporeal or by means of 43 communication equipment, which is attended by, or open to, the board, 44 held with the intent, on the part of the board members present, to 45 discuss or act as a unit upon the specific public business of the 46 authority. "Meeting" does not mean a gathering (a) attended by less than 47 an effective majority of the board, or (b) attended by or open to all 48 the members of three or more similar public bodies at a convention or 49 similar gathering. 50 7. "News media" means persons representing major wire services, tele- 51 vision news services, radio news services and newspapers, whether 52 located in the state of New York or New Jersey or any other state. 53 8. "Personal property" shall include choses in action and all other 54 property now commonly or legally defined as personal property or which 55 may hereafter be so defined.S. 4456 7 1 9. "Public business" means matters which relate in any way, directly 2 or indirectly, to the performance of the functions of the port authority 3 of New York and New Jersey or the conduct of its business. 4 10. "Railroads" shall include railways, extensions thereof, tunnels, 5 subways, bridges, elevated structures, tracks, poles, wires, conduits, 6 power houses, substations, lines for the transmission of power, car- 7 barns, shops, yards, sidings, turn-outs, switches, stations and 8 approaches thereto, cars and motive equipment. 9 11. "Real property" shall include land under water, as well as 10 uplands, and all property either now commonly or legally defined as real 11 property or which may hereafter be so defined. 12 12. "Rule or regulation", until and unless otherwise determined by the 13 legislatures of both states, shall mean any rule or regulation not 14 inconsistent with the constitution of the United States or of either 15 state, and, subject to the exercise of the power of congress, for the 16 improvement of the conduct of navigation and commerce within the 17 district, and shall include charges, rates, rentals or tolls fixed or 18 established by the port authority; and until otherwise determined as 19 aforesaid, shall not include matters relating to harbor or river 20 pollution. Wherever action by the legislature of either state is herein 21 referred to, it shall mean an act of the legislature duly adopted in 22 accordance with the provisions of this chapter. 23 13. "Transportation facility" shall include railroads, steam or elec- 24 tric, motor truck or other street or highway vehicles, tunnels, bridges, 25 boats, ferries, car-floats, lighters, tugs, floating elevators, barges, 26 scows or harbor craft of any kind, air craft suitable for harbor 27 service, and every kind of transportation facility now in use or here- 28 after designed for use for the transportation or carriage of persons or 29 property. 30 14. "Terminal facility" shall include wharves, piers, slips, ferries, 31 docks, dry docks, bulkheads, dock-walls, basins, car-floats, float- 32 bridges, grain or other storage elevators, warehouses, cold storage, 33 tracks, yards, sheds, switches, connections, overhead appliances, and 34 every kind of terminal or storage facility now in use or hereafter 35 designed for use for the handling, storage, loading or unloading of 36 freight at steamship, railroad or freight terminals. 37 § 104. Port authority of New York and New Jersey. There is hereby 38 continued "the port authority of New York and New Jersey" ("port author- 39 ity"), which shall be a body corporate and politic, having the powers 40 and jurisdiction hereinafter enumerated, and such other and additional 41 powers as shall be conferred upon it by the legislature of either state 42 concurred in by the legislature of the other, or by act or acts of 43 congress, as hereinafter provided. 44 § 105. Port of New York district. To that end the two states do agree 45 that there shall be created and they do hereby create a district to be 46 known as the "port of New York district" (hereinafter referred to as 47 "the district") which shall embrace the territory bounded and described 48 as follows: 49 The district is included within the boundary lines located by connect- 50 ing points of known latitude and longitude. The approximate courses and 51 distances of the lines enclosing the district are recited in the 52 description, but the district is determined by drawing lines through the 53 points of known latitude and longitude. Beginning at a point A of lati- 54 tude forty-one degrees and four minutes north and longitude seventy- 55 three degrees and fifty-six minutes west, said point being about sixty- 56 five-hundredths of a mile west of the westerly bank of the Hudson riverS. 4456 8 1 and about two and one-tenth miles northwest of the pier at Piermont, in 2 the county of Rockland, state of New York; thence due south one and 3 fifteen-hundredths miles more or less to a point B of latitude forty-one 4 degrees and three minutes north and longitude seventy-three degrees and 5 fifty-six minutes west; said point being about one and three-tenths 6 miles northwest of the pier at Piermont, in the county of Rockland, 7 state of New York; thence south fifty-six degrees and thirty-four 8 minutes west six and twenty-six-hundredths miles more or less to a point 9 C of latitude forty-one degrees and no minutes north and longitude 10 seventy-four degrees and two minutes west, said point being about 11 seven-tenths of a mile north of the railroad station at Westwood, in the 12 county of Bergen, state of New Jersey; thence south sixty-eight degrees 13 and twenty-four minutes west nine and thirty-seven-hundredths miles more 14 or less to a point D of latitude forty degrees and fifty-seven minutes 15 north and longitude seventy-four degrees and twelve minutes west, said 16 point being about three miles northwest of the business center of the 17 city of Paterson, in the county of Passaic, state of New Jersey; thence 18 south forty-seven degrees and seventeen minutes west eleven and eighty- 19 seven-hundredths miles more or less to a point E of latitude forty 20 degrees and fifty minutes north and longitude seventy-four degrees and 21 twenty-two minutes west, said point being about four and five-tenths 22 miles west of the borough of Caldwell, in the county of Morris, state of 23 New Jersey; thence due south nine and twenty-hundredths miles more or 24 less to a point F of latitude forty degrees and forty-two minutes north 25 and longitude seventy-four degrees and twenty-two minutes west, said 26 point being about one and two-tenths miles southwest of the passenger 27 station of the Delaware, Lackawanna and Western railroad in the city of 28 Summit, in the county of Union, state of New Jersey; thence south 29 forty-two degrees and twenty-four minutes west, seven and seventy-eight- 30 hundredths miles more or less to a point G of latitude forty degrees and 31 thirty-seven minutes north and longitude seventy-four degrees and twen- 32 ty-eight minutes west, said point being about two and two-tenths miles 33 west of the business center of the city of Plainfield, in the county of 34 Somerset, state of New Jersey; thence due south twelve and sixty-five- 35 hundredths miles more or less on a line passing about one mile west of 36 the business center of the city of New Brunswick to a point H of lati- 37 tude forty degrees and twenty-six minutes north and longitude seventy- 38 four degrees and twenty-eight minutes west, said point being about four 39 and five-tenths miles southwest of the city of New Brunswick, in the 40 county of Middlesex, state of New Jersey; thence south seventy-seven 41 degrees and forty-two minutes east ten and seventy-nine-hundredths miles 42 more or less to a point I of latitude forty degrees and twenty-four 43 minutes north and longitude seventy-four degrees and sixteen minutes 44 west, said point being about two miles southwest of the borough of Mata- 45 wan, in the county of Middlesex, state of New Jersey; thence due east 46 twenty-five and forty-eight-hundredths miles more or less, crossing the 47 county of Monmouth, state of New Jersey, and passing about one and four- 48 tenths miles south of the pier of the Central Railroad of New Jersey at 49 Atlantic Highlands to a point J of latitude forty degrees and twenty- 50 four minutes north and longitude seventy-three degrees and forty-seven 51 minutes west, said point being in the Atlantic ocean; thence north elev- 52 en degrees fifty-eight minutes east twenty-one and sixteen-hundredths 53 miles more or less to a point K, said point being about five miles east 54 of the passenger station of the Long Island railroad at Jamaica and 55 about one and three-tenths miles east of the boundary line of the city 56 of New York, in the county of Nassau, state of New York; thence in aS. 4456 9 1 northeasterly direction passing about one-half mile west of New Hyde 2 Park and about one and one-tenth miles east of the shore of Manhasset 3 bay at Port Washington, crossing Long Island sound to a point L, said 4 point being the point of intersection of the boundary line between the 5 states of New York and Connecticut and the meridian of seventy-three 6 degrees, thirty-nine minutes and thirty seconds west longitude, said 7 point being also about a mile northeast of the village of Port Chester; 8 thence northwesterly along the boundary line between the states of New 9 York and Connecticut to a point M, said point being the point of inter- 10 section between said boundary line between the states of New York and 11 Connecticut and the parallel of forty-one degrees and four minutes north 12 latitude, said point also being about four and five-tenths miles north- 13 east of the business center of the city of White Plains; thence due west 14 along said parallel, of forty-one degrees and four minutes north lati- 15 tude, the line passing about two and one-half miles north of the busi- 16 ness center of the city of White Plains and crossing the Hudson river to 17 the point A, the place of beginning. 18 The boundaries of said district may be changed from time to time by 19 the action of the legislature of either state concurred in by the legis- 20 lature of the other. 21 § 106. Commissioners and officers. 1. The port authority shall 22 consist of twelve commissioners, six resident voters from the state of 23 New York, at least four of whom shall be resident voters of the city of 24 New York, and six resident voters from the state of New Jersey, at least 25 four of whom shall be resident voters within the New Jersey portion of 26 the district, the New York members to be chosen by the state of New York 27 and the New Jersey members by the state of New Jersey in the manner and 28 for the terms fixed and determined from time to time by the legislature 29 of each state respectively, except as provided in this part. Each 30 commissioner may be removed or suspended from office as provided by the 31 law of the state from which he or she shall be appointed. 32 2. a. The officers of the port authority shall be a chairperson, a 33 vice chairperson, a chief executive officer, a general counsel, a chief 34 financial officer, a chief ethics and compliance officer, an inspector 35 general, a treasurer, a comptroller, and a secretary. Beginning upon the 36 next hiring of a chief executive officer but no later than a year from 37 the effective date of this article, the positions of chairperson and 38 vice chairperson shall be rotated for a term of two years among commis- 39 sioners appointed by New York and New Jersey, with a chairperson elected 40 first from among those commissioners appointed by the governor of New 41 York and a vice chairperson elected first from among those commissioners 42 appointed by the governor of New Jersey, after which the next chair- 43 person shall be elected from among those appointed by the governor of 44 New Jersey and the next vice chairperson shall be elected from among 45 those appointed by the governor of New York and thereafter the positions 46 of chairperson and vice chairperson shall rotate every two years in the 47 same order as established herein provided that the failure of the board 48 of commissioners to elect a new chairperson and vice chairperson shall 49 not prevent the rotation of the positions of chairperson and vice chair- 50 person to the next succeeding state. 51 b. No commissioner, including the chairperson, shall serve as the port 52 authority's chief executive officer, general counsel, chief financial 53 officer, chief ethics and compliance officer, inspector general, or 54 comptroller, or hold any other equivalent position while serving as a 55 commissioner.S. 4456 10 1 3. a. The commissioners shall promulgate a commissioner's oath of 2 office in consultation with the chief ethics and compliance officer. 3 b. At the time that a commissioner of the port authority takes and 4 subscribes the commissioner's oath of office, or within sixty days after 5 the effective date of this subdivision if the commissioner has already 6 taken and subscribed the commissioner's oath of office, the commissioner 7 shall execute a statement declaring that the commissioner understands 8 the commissioner's independence and fiduciary obligation to perform 9 duties and responsibilities to the best of the commissioner's abilities, 10 in good faith and with proper diligence and care which an ordinarily 11 prudent person in like position would use under similar circumstances 12 and may take into consideration the views and policies of any elected 13 officials or bodies and ultimately apply independent judgment in the 14 best interest of the port authority, its mission, and the public, 15 consistent with the enabling compact, mission, and by-laws of the port 16 authority and the applicable laws of both states; and that the fiduciary 17 duty to the port authority is derived from and governed by its mission. 18 c. Individuals appointed to the board of commissioners shall partic- 19 ipate in training approved by the chief ethics and compliance officer in 20 consultation with the inspector general of the port authority regarding 21 their legal, fiduciary, financial and ethical responsibilities as direc- 22 tors of an authority within six months of appointment to the authority. 23 The commissioners shall participate in continuing training as may be 24 required to remain informed of best practices, regulatory and statutory 25 changes relating to the effective oversight of the management and finan- 26 cial activities of public authorities and to adhere to the highest stan- 27 dards of responsible governance. 28 d. (1) A commissioner shall not vote on or participate in any board or 29 committee discussions or decisions with respect to an item if the 30 commissioner, a member of the commissioner's immediate family, or a 31 business in which the commissioner has an interest has a direct or indi- 32 rect financial involvement that may reasonably be expected to impair the 33 commissioner's objectivity or independent judgment or that may reason- 34 ably create the appearance of impropriety. A commissioner shall report 35 such a need for recusal to the general counsel when it arises. The 36 public shall be informed of any recusals prior to any board action and 37 the minutes shall clearly reflect that recusal. 38 (2) For the purposes of this subdivision, the terms: 39 (i) "immediate family" shall mean: a spouse, parent, child, or 40 sibling; and 41 (ii) "interest" shall mean: (A) if the business organization is a 42 partnership, the board member or the board member's immediate family is 43 a partner or owner of ten percent or more of the assets of the partner- 44 ship, or (B) if the business organization is a corporation, the board 45 member or the board member's immediate family owns or controls ten 46 percent or more of the stock of the corporation, or serves as a director 47 or officer of the corporation. 48 e. (1) Notwithstanding any other provision of law to the contrary, the 49 commissioners, officers, and employees of the port authority shall file 50 annual financial disclosure statements as provided in this section. 51 (2)(i) The commissioners appointed by the governor of the state of New 52 York shall file annual financial disclosure statements pursuant to 53 section 73-a of the public officers law. 54 (ii) The commissioners appointed by the governor of the state of New 55 Jersey shall file annual financial disclosure statements as required by 56 New Jersey state law or executive order.S. 4456 11 1 (iii) In addition to the financial disclosures required of the commis- 2 sioners, financial disclosures of employees shall, at a minimum, be 3 required of the chief executive officer, the chief ethics and compliance 4 officer, the chief financial officer, the general counsel, the comp- 5 troller, treasurer, and the inspector general, employees who hold poli- 6 cy-making positions as determined by the general counsel of the port 7 authority, and employees whose base salary, either in the current or 8 previous year, exceeds $150,000, which amount shall be adjusted for 9 inflation annually in accordance with the consumer price index for all 10 urban wage earners and clerical workers (CPI-W) as calculated by the 11 federal government. These financial disclosures shall be updated not 12 less than annually and shall be made available on the port authority's 13 website. 14 f. The board of commissioners shall: 15 (1) adopt a mission statement that the port authority's mission is to 16 meet the critical transportation infrastructure needs of the bi-state 17 region's people, businesses, and visitors by providing the highest qual- 18 ity and most efficient transportation and port commerce facilities and 19 services to move people and goods within the region, provide access to 20 the nation and the world, and promote the region's economic development; 21 (2) adopt a code of conduct applicable to commissioners, employees, 22 and vendors and other contractors with the port authority based upon the 23 recommendations of the chief ethics and compliance officer that shall, 24 at minimum, include the applicable standards established by law in each 25 state; 26 (3) establish a whistleblower access and assistance program protecting 27 employees from retaliation for disclosing information concerning acts of 28 wrongdoing, misconduct, malfeasance, or other inappropriate conduct 29 based upon the recommendations of the chief ethics and compliance offi- 30 cer; 31 (4) establish a policy requiring all commissioners, officers, and 32 employees with decision-making authority to maintain records regarding 33 contact with lobbyists. As used in this subsection: (i) "contact" means 34 any conversation, in person or by telephonic or other electronic means, 35 or correspondence between any lobbyist engaged in the act of lobbying 36 and any person within the port authority who can make or influence a 37 decision on the subject of the lobbying on the behalf of the port 38 authority, and shall include, at a minimum, all members of the board of 39 commissioners and all officers of the port authority, (ii) "lobbyist" 40 shall have the same meaning as defined in the laws or, rules or regu- 41 lations of either state, and (iii) "lobbying" shall mean and include any 42 attempt to influence: (a) the adoption or rejection of any rule or regu- 43 lation having the force and effect of law by the port authority, (b) the 44 outcome of any proceeding by the port authority to establish, levy or 45 collect fees, tolls, charges or fares, and (c) the authorization, 46 approval or award of any agreements, contracts or purchase orders, 47 including any settlement of port authority claims, or any extension, 48 amendment or modification of any existing agreement, contract or order; 49 and 50 (5) have an efficiency study of the port authority and its operations 51 conducted by an independent entity within three years of the effective 52 date of this section and thereafter upon the request of the governors of 53 New York and New Jersey, and if no request is made, no later than three 54 years after the most recent efficiency study was conducted.S. 4456 12 1 4. a. The board of commissioners shall establish a committee structure 2 that shall include, but need not be limited to, the following responsi- 3 bilities: 4 (1) a governance responsibility to be assigned to a committee 5 comprised of not fewer than three commissioners, who shall constitute a 6 majority on the committee, and who shall possess the necessary skills to 7 undertake the governance duties and functions. It shall be the responsi- 8 bility of the members of this committee to: keep the board informed of 9 current best governance practices; review corporate governance trends; 10 update the port authority's corporate governance principles; examine 11 ethical and conflict of interest issues; perform board self-evaluations; 12 investigate term limits, reappointments, and board responsibilities; 13 develop by-laws which include rules and procedures for the conduct of 14 board business; and advise the port authority on the skills and experi- 15 ences required of potential commissioners; 16 (2) an audit responsibility to be assigned to a committee comprised of 17 not fewer than three commissioners, who shall constitute a majority on 18 the committee, and who shall possess the necessary skills to undertake 19 the audit duties and functions. It shall be the responsibility of the 20 members of this committee to: recommend to the board the hiring of an 21 independent firm of certified public accountants to audit the financial 22 statements of the port authority; establish the compensation to be paid 23 to the accounting firm; and provide direct oversight of the annual inde- 24 pendent financial audit performed by the accounting firm hired for 25 auditing purposes. Members of this committee shall be familiar with 26 corporate financial and accounting practices and shall be financially 27 literate about applicable financial laws, rules, regulations, and stand- 28 ard industry practices; and 29 (3) a finance responsibility to be assigned to a committee comprised 30 of not fewer than three commissioners, who shall constitute a majority 31 on the committee, and who shall possess the necessary skills to under- 32 take the finance duties and functions. It shall be the responsibility of 33 the members of this committee to oversee and approve the issuance of 34 debt that the port authority or its subsidiaries issue. 35 b. Every committee established by the board of commissioners shall 36 promulgate a written charter to be approved by the board. Each charter 37 promulgated in accordance with this subdivision shall be made available 38 to the public and posted on the port authority's website. 39 5. a. The chief ethics and compliance officer shall recommend to the 40 board of commissioners a whistleblower access and assistance program to 41 be administered by the inspector general which shall include, but not be 42 limited to: 43 (1) establishing toll-free telephone and facsimile lines available to 44 employees; 45 (2) offering advice regarding employee rights under applicable state 46 and federal laws and advice and options available to all persons; and 47 (3) offering an opportunity for employees to identify concerns regard- 48 ing any issue at the port authority. Any communication between an 49 employee and the inspector general pursuant to this section shall be 50 held strictly confidential by the inspector general, unless the employee 51 specifically waives in writing the right to confidentiality, except that 52 such confidentiality shall not exempt the inspector general from 53 disclosing such information, where appropriate, to the board of commis- 54 sioners and/or any law enforcement authority. 55 b. The port authority shall not fire, discharge, demote, suspend, 56 threaten, harass, or discriminate against an employee because of theS. 4456 13 1 employee's role as a whistleblower, insofar as the actions taken by the 2 employee are legal. 3 c. As used in this subdivision: 4 (1) "Employees" means those persons employed at the port authority, 5 including but not limited to: full-time and part-time employees, those 6 employees on probation, and temporary employees. 7 (2) "Whistleblower" means any employee of the port authority who 8 discloses information concerning acts of wrongdoing, misconduct, malfea- 9 sance, or other inappropriate behavior by an employee or board member of 10 the port authority, concerning the port authority's investments, travel, 11 acquisition of real or personal property, the disposition of real or 12 personal property, or the procurement of goods and services. 13 6. a. The inspector general shall be responsible for receiving and 14 investigating, where appropriate, all complaints regarding fraud, waste, 15 and abuse by commissioners, officers, and employees of the port authori- 16 ty or third-parties doing business with the port authority. The inspec- 17 tor general shall also be responsible for conducting investigations upon 18 the inspector general's own initiative, as the inspector general shall 19 deem appropriate. 20 b. The inspector general shall inform the board of commissioners and 21 the chief executive officer of allegations received by the inspector 22 general and the progress of investigations related thereto, unless 23 special circumstances require confidentiality; 24 c. The inspector general shall determine with respect to allegations 25 received by the inspector general whether disciplinary action or civil 26 prosecution by the port authority is appropriate, and whether the matter 27 should be referred to an appropriate governmental agency for further 28 action; 29 d. The inspector general shall prepare and make available to the 30 public written reports of completed investigations, as appropriate and 31 to the extent permitted by law, subject to redactions to protect a need 32 for confidentiality. The release of all or portions of reports may be 33 deferred to protect the confidentiality of ongoing investigations. 34 e. The inspector general shall have the power to: 35 (1) administer oaths or affirmations and examine witnesses under oath; 36 (2) require the production of any books and papers deemed relevant or 37 material to any investigation, examination or review; 38 (3) notwithstanding any law to the contrary, examine and copy or 39 remove documents or records of any kind prepared, maintained or held by 40 the port authority and its subsidiaries; 41 (4) interview any officer or employee of the port authority or its 42 subsidiaries on any matter related to the performance of such officer or 43 employee's official duties. To the extent that any portion of this para- 44 graph is inconsistent with any current contractual obligations of the 45 port authority, this paragraph shall not be applicable to those obli- 46 gations until the earliest expiration of those terms under the contract; 47 (5) monitor the implementation by the port authority of any recommen- 48 dations made by the inspector general; and 49 (6) perform any other functions that are necessary or appropriate to 50 fulfill the duties and responsibilities of office. 51 7. The commissioners shall, for the purpose of doing business, consti- 52 tute a board and may adopt suitable by-laws for its management. 53 8. The port authority shall elect a chair, vice-chair, and may appoint 54 such officers and employees as it may require for the performance of its 55 duties, and shall fix and determine their qualifications and duties.S. 4456 14 1 § 107. Power of the port authority. 1. The port authority shall 2 constitute a body, both corporate and politic, with full power and 3 authority to purchase, construct, lease and/or operate any terminal or 4 transportation facility within said district; and to make charges for 5 the use thereof: and for any of such purposes to own, hold, lease and/or 6 operate real or personal property, to borrow money and secure the same 7 by bonds or by mortgages upon any property held or to be held by it. No 8 property now or hereafter vested in or held by either state, or by any 9 county, city, borough, village, township or other municipality, shall be 10 taken by the port authority, without the authority or consent of such 11 state, county, city, borough, village, township or other municipality, 12 nor shall anything herein impair or invalidate in any way any bonded 13 indebtedness of such state, county, city, borough, village, township or 14 other municipality, nor impair the provisions of law regulating the 15 payment into sinking funds of revenues derived from municipal property, 16 or dedicating the revenues derived from any municipal property to a 17 specific purpose. 18 2. The powers granted in this part shall not be exercised by the port 19 authority until the legislatures of both states shall have approved of a 20 comprehensive plan for the development of the port as hereinafter 21 provided. 22 3. The port authority shall have such additional powers and duties as 23 may hereafter be delegated to or imposed upon it from time to time by 24 the action of the legislature of either state concurred in by the legis- 25 lature of the other. Unless and until otherwise provided, it shall make 26 an annual report to the legislature of both states, setting forth in 27 detail the operations and transactions conducted by it pursuant to this 28 agreement and any legislation thereunder. The port authority shall not 29 pledge the credit of either state except by and with the authority of 30 the legislature thereof. 31 § 108. Open meetings. 1. All meetings of the port authority shall be 32 open to the public and members of the news media, individually and 33 collectively, for the purpose of observing the full details of all phas- 34 es of the deliberation, policy-making, and decision-making of the board, 35 except for an executive session initiated upon a majority vote taken in 36 an open meeting pursuant to a motion. The board of commissioners may 37 exclude the public only from that portion of a meeting at which the 38 board of commissioners discusses any: 39 a. matter in which the release of information would impair a right to 40 receive funds from government of the United States; 41 b. material the disclosure of which would constitute an unwarranted 42 invasion of individual or personal privacy; 43 c. collective bargaining agreement, or the terms and conditions which 44 are proposed for inclusion in any collective bargaining agreement, 45 including the negotiation of the terms and conditions thereof with 46 employees or representatives of employees of the port authority; 47 d. matter involving the purchase, lease, or acquisition of real prop- 48 erty with port authority funds, the proposed acquisition of securities, 49 the sale or exchange of securities held by the port authority, or the 50 investment of port authority funds, if public discussion of the matter 51 would adversely affect the public interest; 52 e. matter which would imperil the public safety if disclosed; 53 f. pending or anticipated litigation or contract negotiation in which 54 the port authority is, or may become, a party, or matters falling within 55 the attorney-client privilege, to the extent that confidentiality isS. 4456 15 1 required for the attorney to exercise the attorney's ethical duties as a 2 lawyer; 3 g. contract negotiations disclosure of which would imperil the port 4 authority's position or an outcome in the best interest of the authori- 5 ty, its mission, and the public; 6 h. matter involving the employment, appointment, termination of 7 employment, terms and conditions of employment, evaluation of the 8 performance of, promotion or disciplining of any specific prospective 9 officer or employee or current officer or employee employed or appointed 10 by the port authority, unless all the individual employees or appointees 11 whose rights could be adversely affected request in writing that the 12 matter or matters be discussed at a public meeting; or 13 i. deliberation of the port authority occurring after a public hearing 14 that may result in the imposition of a specific civil penalty upon the 15 responding party or the suspension or loss of a license or permit 16 belonging to the responding party as a result of an act of omission for 17 which the responding party bears responsibility. 18 2. The port authority shall make meeting agendas available to the 19 public at least 72 hours before each meeting of the board and each meet- 20 ing of each committee. In addition, the port authority shall send via 21 electronic mail the agenda and public documents pertaining to a board or 22 committee meeting to the public information office of each state's 23 legislature at least 72 hours before the meeting. Public notice of the 24 time and place of a meeting shall be provided to appropriate media 25 outlets, shall be conspicuously posted in one or more designated areas, 26 and shall be conspicuously posted via the port authority's official 27 website at least five business days before the meeting. 28 3. The port authority shall make available to the public documents in 29 the following manner: the agenda and public documents pertaining to a 30 board or committee meeting shall be available for public inspection at 31 an office of the port authority; and the agenda and public documents 32 pertaining to a board or committee meeting shall be posted on the port 33 authority's website. 34 4. At each public meeting of the board and at each public meeting of 35 each committee, the public shall be allotted at least 30 minutes to 36 speak on any topic on the agenda. The board or committee shall expand 37 the comment time when necessary to provide a reasonable opportunity for 38 the public to comment. The public speaking period shall take place prior 39 to any board or committee action. 40 5. The port authority shall keep reasonably comprehensible minutes of 41 all its meetings showing the time and place, the members present, the 42 subjects considered, the actions taken, and the vote of each member. The 43 minutes shall be available to the public within two weeks from the date 44 of the meeting to the extent that public disclosure shall not be incon- 45 sistent with subdivision one of this section. The minutes shall indicate 46 for each item on the agenda the vote or recusal of each board member in 47 attendance at an open meeting, or an executive session of the board or a 48 committee of the board. Each item on the agenda shall be voted on sepa- 49 rately. 50 6. The port authority shall make or cause to be made all reasonable 51 efforts to ensure that meetings are held in facilities that permit 52 barrier-free physical access to people with disabilities. If the board 53 determines to use video conferencing or similar technology to conduct 54 its meeting, it shall provide an opportunity for the public to attend, 55 listen and observe such a meeting.S. 4456 16 1 § 109. Copy of minutes. 1. The port authority shall file with the 2 temporary president and minority leader of the senate and the speaker 3 and minority leader of the assembly, the chairman of the assembly ways 4 and means committee and the chairman of the senate finance committee of 5 the state of New York and the president, minority leader and secretary 6 of the senate and the speaker, minority leader and clerk of the general 7 assembly of the state of New Jersey a copy of the minutes of any action 8 taken at any public meeting of the port authority. Such filing shall be 9 made on the same day such minutes are transmitted to the governor of 10 each state for review; and notice of such filing shall be provided to 11 the governor of each state at the same time. Failure to effectuate any 12 such filing shall not impair the ability of the authority to act pursu- 13 ant to a resolution of its board. Such filing shall not apply to any 14 minutes required to be filed pursuant to section twenty of former chap- 15 ter six hundred fifty-one of the laws of nineteen hundred seventy-eight. 16 2. The temporary president and minority leader of the senate, the 17 speaker and minority leader of the assembly, the chairman of the assem- 18 bly ways and means committee and the chairman of the senate finance 19 committee of the state of New York and the speaker and minority leader 20 of the general assembly and the president and the minority leader of the 21 senate of the state of New Jersey, or representatives designated by them 22 in writing for this purpose, may by certificate filed with the secretary 23 of the port authority waive the foregoing filing requirement with 24 respect to any specific minutes. 25 § 110. Needs assessment. 1. The port authority shall require that a 26 needs assessment be conducted by an independent entity prior to any 27 increase in tolls for the use of any port authority bridge or tunnel, or 28 fares for the use of the port authority trans-Hudson corporation rail 29 system. The assessment shall be presented by the independent entity to 30 the board of commissioners at a public meeting to be held at least nine- 31 ty days prior to any meeting of the board of commissioners to vote to 32 any increase in the tolls for the use of any port authority bridge or 33 tunnel, or fares for the use of the port authority trans-Hudson corpo- 34 ration rail system. 35 2. Not less than 30 days and not more than 90 days prior to any vote 36 or action taken by the board of commissioners relating to any increase 37 in the tolls for the use of any port authority bridge or tunnel, or 38 fares for the use of the port authority trans-Hudson corporation rail 39 system, the port authority shall conduct at least six public hearings in 40 the manner prescribed as follows: 41 a. Locations for public hearings shall be selected in such a way as to 42 be geographically accessible to a majority of users of the facility or 43 facilities to be impacted by the toll or fare increase, as determined by 44 port authority data, provided that at least one hearing shall be held in 45 each state. 46 b. At least 72 hours before the first hearing held pursuant to this 47 section, the port authority shall make the following information avail- 48 able to the public, including posting on the port authority's official 49 website: 50 (1) a written explanation of why the increase in tolls or fares is 51 necessary; 52 (2) the amount of revenue expected to be generated from the increase 53 in tolls or fares; and 54 (3) a detailed explanation of how the revenues raised from the 55 increase in tolls or fares is expected to be spent.S. 4456 17 1 c. Each hearing shall be attended by at least two commissioners from 2 New York and two commissioners from New Jersey in office at the time of 3 the hearing. 4 d. The port authority shall hold no more than one public hearing in a 5 single day, and at least one-half of the public hearings shall be sched- 6 uled to begin after 6:30 p.m., eastern standard time, on a weekday. 7 e. The port authority shall ensure that each of the requirements set 8 forth in this subdivision shall be complied with before placing on the 9 meeting agenda of the board of commissioners any item or matter relating 10 to an increase in tolls or fares. 11 § 111. Subsidiaries of the port authority. 1. The port authority shall 12 provide notice to the governor of each state, the majority leader of 13 each house of the legislature of each state, the chair of the finance 14 committee of New York, the chair of the senate budget and appropriations 15 committee of New Jersey, the chair of assembly ways and means committee 16 of New York, and the chair of the budget committee of New Jersey that it 17 will be creating a subsidiary no less than 60 days prior to the forma- 18 tion of the subsidiary. 19 2. The creation of a subsidiary corporation shall be approved by the 20 board of commissioners. 21 3. On or before the first day of January, two thousand sixteen, and 22 annually thereafter, any subsidiary corporation, in cooperation with the 23 port authority, shall provide to the governor and legislature of each 24 state a report on the subsidiary corporation. Such report shall include 25 for each subsidiary: 26 a. The complete legal name, address and contact information of the 27 subsidiary; 28 b. The structure of the organization of the subsidiary, including the 29 names and titles of each of its members, directors and officers, as well 30 as a chart of its organizational structure; 31 c. The complete by-laws and legal organization papers of the subsid- 32 iary; 33 d. A complete report of the purpose, operations, mission and projects 34 of the subsidiary; and 35 e. Any other information the subsidiary corporation deems important to 36 include in such report. 37 § 112. Annual reporting. 1. The port authority shall publish a 38 comprehensive annual financial report, submitted annually to the gover- 39 nors and state legislatures of New York and New Jersey and made avail- 40 able on the port authority's website within 120 days after the end of 41 its fiscal year. The annual report shall include the agency's financial 42 statements, statistical and other regional data, and a narrative of the 43 agency's activities during the year of the report. The annual report 44 shall include: 45 a. an introductory section including: (1) a letter of transmittal to 46 the governors of New York and New Jersey; (2) information regarding the 47 board of commissioners, port authority officers and executive manage- 48 ment; (3) a letter to the board of commissioners from the chief execu- 49 tive officer of the port authority highlighting important developments; 50 (4) a description of major agency activities undertaken during the prior 51 year; and (5) a letter to the board of commissioners from the chief 52 financial officer of the port authority with respect to the consolidated 53 financial statements of the port authority. 54 b. a financial section including: (1) an independent auditor's report; 55 (2) management's discussion and analysis; (3) financial statements; (4) 56 its financial reports certified by the chair and vice-chair of theS. 4456 18 1 board, chief executive officer, and chief financial officer of the port 2 authority, including (a) audited financials in accordance with generally 3 accepted accounting principles, known as GAAP, and the accounting stand- 4 ards issued by the governmental accounting standards board, known as 5 GASB, (b) grant and subsidy programs, (c) current ratings, if any, of 6 its bonds issued by recognized bond rating agencies and notice of chang- 7 es in such ratings, and (d) long-term liabilities, including leases and 8 employee benefit plans; (5) a schedule of its bonds and notes outstand- 9 ing at the end of its fiscal year, together with a statement of the 10 amounts redeemed and incurred during such fiscal year as part of a sche- 11 dule of debt issuance that includes the date of issuance, term, amount, 12 interest rate and means of repayment including all refinancings, calls, 13 refundings, defeasements and interest rate exchange or other such agree- 14 ments; and (6) at a minimum a four-year financial plan, including (a) a 15 current and projected capital budget, and (b) an operating budget 16 report, including an actual versus estimated budget, with an analysis 17 and measurement of financial and operating performance. 18 c. a statistical section presenting additional information as context 19 for further understanding of the information in the financial state- 20 ments, note disclosures and schedules, including (1) financial trends; 21 (2) debt capacity; (3) operating and service data; (4) information on 22 port authority operating results; (5) information on port authority 23 capital program components; (6) information on port authority facility 24 traffic; and (7) selected statistical, demographic and economic data on 25 the New York-New Jersey metropolitan region. 26 d. a corporate information section providing: (1) a list of all real 27 property of the port authority; (2) a list and full description of real 28 property and personal property that has a sale price of over $10,000 29 disposed of during the period, including the price received by the port 30 authority and the name of the purchaser for all property sold by the 31 port authority during the period; (3) a compensation schedule that shall 32 include, by position, title and name of the person holding such position 33 or title, the salary, compensation, allowance and/or benefits provided 34 to any officer, director or employee in a decision making or managerial 35 position of such authority whose base salary is in excess of $150,000; 36 (4) biographical information, not including confidential personal infor- 37 mation, for all directors and officers and employees for whom salary 38 reporting is required; (5) a description of the authority and its board 39 structure, including (a) names of committees and committee members, (b) 40 lists of board meetings and attendance, (c) descriptions of major 41 authority units, subsidiaries, and (d) number of employees; (6) its 42 mission statement, charter, if any, and by-laws; and (7) a description 43 of any material pending litigation in which the port authority is 44 involved as a party during the reporting year. 45 2. a. The port authority shall prepare financial statements on an 46 annual basis, in accordance with generally accepted accounting princi- 47 ples, known as GAAP, and the accounting standards issued by the govern- 48 mental accounting standards board, known as GASB. 49 b. The audit committee of the board of commissioners of the port 50 authority shall arrange for an independent firm of certified public 51 accountants to perform an audit of the financial statements of the port 52 authority each year, in accordance with generally accepted accounting 53 principles and standards referenced in paragraph a of this subdivision. 54 Each independent firm of certified public accountants that performs any 55 audit required by this article shall timely report to the audit commit- 56 tee of the port authority: (1) all critical accounting policies andS. 4456 19 1 practices to be used; and (2) other material written communications, 2 that is not privileged or confidential, between the independent firm of 3 certified public accountants and the management of the port authority, 4 including the management letter along with management's response or plan 5 of corrective action, material corrections identified or schedule of 6 unadjusted differences. 7 c. Every financial statement prepared pursuant to this subdivision 8 shall be approved by the board of commissioners. As a condition to the 9 issuance of the annual financial statements of the port authority, the 10 chief executive officer and the chief financial officer of the port 11 authority shall be required to make a written certification to that 12 effect that, to the best of their knowledge and belief, the financial 13 and other information in the consolidated financial statements is accu- 14 rate in all material respects and has been reported in a manner designed 15 to present fairly the port authority's net assets, changes in net 16 assets, and cash flows, in accordance with generally accepted accounting 17 principles and standards referenced in paragraph a of this subdivision; 18 and, that on the basis that the cost of internal controls should not 19 outweigh their benefits, the port authority has established a comprehen- 20 sive framework of internal controls to protect its assets from loss, 21 theft, or misuse, and to provide reasonable (rather than absolute) 22 assurance regarding the reliability of financial reporting and the prep- 23 aration of the consolidated financial statements in accordance with 24 generally accepted accounting principles and standards referenced in 25 paragraph a of this subdivision. 26 d. Notwithstanding any other provision of law to the contrary, the 27 port authority shall not contract with an independent firm of certified 28 public accountants for audit services to the authority if the lead or 29 coordinating audit partner having primary responsibility for the audit, 30 or the audit partner responsible for reviewing the audit, has performed 31 audit services for the two previous fiscal years of such authority. 32 e. The port authority shall not contract with the independent firm of 33 certified public accountants performing the port authority's audit for 34 any non-audit services to such authority contemporaneously with the 35 audit, unless receiving previous written approval by the audit committee 36 including: (1) bookkeeping or other services related to the accounting 37 records or financial statements of such authority; (2) financial infor- 38 mation systems design and implementation; (3) appraisal or valuation 39 services, fairness opinions, or contribution-in-kind reports; (4) actu- 40 arial services; (5) internal audit outsourcing services; (6) management 41 functions or human services; (7) broker or dealer, investment advisor, 42 or investment banking services; and (8) legal services and expert 43 services unrelated to the audit. 44 f. The port authority shall not contract with an independent firm of 45 certified public accountants for any audit service if the chief execu- 46 tive officer, comptroller, chief financial officer, treasurer, or any 47 other person serving in an equivalent position for the authority, was 48 employed by that independent firm of certified public accountants and 49 participated in any capacity in the audit of the authority during the 50 one year period preceding the date of the initiation of the audit. 51 3. The port authority shall make accessible to the public via its 52 website an executive summary of its most recent independent audit report 53 unless such information is exempt from disclosure pursuant to either 54 state's freedom of information laws. 55 § 113. Property disposition, debt issuance, capitol plan and operating 56 budget. 1. Any sale of real property by the port authority shall beS. 4456 20 1 undertaken and conducted pursuant to the provisions of the existing laws 2 governing the sale of real property by the port authority in the state 3 in which such real property is located and by approval of the board of 4 commissioners. 5 a. No disposition of real property, or any interest in real property, 6 shall be made unless an appraisal of the value of such real property has 7 been made by an independent appraiser and included in the record of the 8 transaction, and, provided further, that no disposition of any other 9 real property, which because of its unique nature or the unique circum- 10 stances of the proposed transaction is not readily valued by reference 11 to an active market for similar real property, shall be made without a 12 similar appraisal. 13 b. Disposal of real property for less than fair market value. No prop- 14 erty owned, leased, or otherwise in the control of the port authority 15 may be sold, leased, or otherwise alienated for less than its fair 16 market value unless: 17 (1) the transferee is a government or other public entity, and the 18 terms and conditions of the transfer require that the ownership and use 19 of the real property will remain with the government or any other public 20 entity; or 21 (2) the purpose of the transfer is within the purpose, mission, or 22 governing statute of the port authority and a written determination is 23 made by the board of commissioners that there is no reasonable alterna- 24 tive to the proposed below-market transfer that would achieve the same 25 purpose of such transfer, prior to board approval of such a transfer. 26 c. The board shall adopt, within six months of the effective date of 27 this article, appropriate rules and regulations concerning disposition, 28 acquisition, and transfer of real property or any interest in real prop- 29 erty by the port authority which shall, at a minimum, include a require- 30 ment that the following information be made available to the board of 31 commissioners at the meeting where approval of such a disposition, 32 acquisition or transfer is scheduled: 33 (1) a full description of the property; 34 (2) a description of the purpose of the disposition, acquisition, or 35 transfer; 36 (3) a statement of the value to be received from such a disposition, 37 acquisition, or transfer; 38 (4) the names of any private parties participating in the disposition, 39 acquisition, or transfer; and 40 (5) in the case of a property disposition for less than fair market 41 value, an explanation and a written determination by the board of 42 commissioners that there is no reasonable alternative to the proposed 43 below-market value that would achieve the same purpose of such disposi- 44 tion. 45 d. Not less than ten days in advance of any meeting of the board of 46 commissioners of the port authority at which the board of commissioners 47 is to consider an action to authorize the sale of real property owned by 48 the port authority, the chief executive officer of the port authority 49 shall provide public notice of such proposed action along with relevant 50 material terms and provisions of such sale including, but not limited 51 to, the information made available pursuant to paragraph c of this 52 subdivision, by posting on the port authority's website. 53 e. The chief executive officer may authorize or arrange for contracts 54 for the sale of personal property owned by the port authority or arrange 55 for contracts for the sale of personal property owned by the port 56 authority upon such terms and conditions as the chief executive officerS. 4456 21 1 may deem proper and execute the same on behalf of the port authority 2 where the value of such personal property is not in excess of one 3 million dollars; provided, however, that personal property valued at 4 more than $250,000 shall not be sold by authority of the chief executive 5 officer other than to the highest bidder after public advertisement. 6 Where the value of such personal property is in excess of $1,000,000, 7 the sale of such property must be authorized by the board of commission- 8 ers of the port authority upon such terms as the board of commissioners 9 may deem proper. 10 f. The port authority may retain brokers or third-party vendors that 11 facilitate online auctions, or assist in disposing of surplus real and 12 personal property of the port authority. 13 2. a. The issuance of any bonds, notes or other instruments of indebt- 14 edness by the port authority shall be undertaken in a manner consistent 15 with applicable laws governing the port authority and covenants with the 16 holders of the port authority's bonds, notes or other instruments of 17 indebtedness. 18 b. At least sixty days prior to the end of its fiscal year, the port 19 authority shall submit to the governor, state comptroller, and legisla- 20 ture of each state a statement of intent in regards to the issuance of 21 and overall amount of bonds, notes, or other debt obligations antic- 22 ipated, at the time the statement is submitted, during the next fiscal 23 year. 24 3. The port authority shall adopt a ten-year capital plan that is 25 developed using a comprehensive planning process and risk-based priori- 26 tization that considers asset condition, operational and revenue impact, 27 threat assessment, customer service, regional benefit, and regulatory or 28 statutory requirements. The capital plan shall be dependent upon the 29 availability of sufficient funding and other resources to pursue the 30 capital projects proposed for the ten-year period. Performance progress 31 and revisions to reflect changes in programs, policies and projects and 32 the environment in which the port authority operates shall be reviewed 33 regularly by a committee designated by the board of commissioners, and 34 the capital plan shall be revised periodically as necessary and appro- 35 priate, and shall be reviewed with the board of commissioners annually. 36 The port authority shall publish an annual report on the status of the 37 capital program and such report shall be made publicly available on the 38 port authority's website. Prior to adoption of a capital plan, the port 39 authority shall make such proposed plan available for public review and 40 comments on its public website for at least two weeks prior to approval, 41 and all comments received are to be distributed to the board of commis- 42 sioners for review prior to consideration of the capital plan. 43 4. The port authority shall prepare a detailed annual operating budget 44 beginning with the fiscal year after the enactment into law legislation 45 having identical effect by the state of New Jersey. A preliminary annu- 46 al operating budget shall be made publicly available on the port author- 47 ity's website in July of every fiscal year and a final annual operating 48 budget shall be made publicly available in February of each fiscal year. 49 § 114. State of emergency; domestic companion animal. 1. a. For the 50 purposes of this section: 51 (1) "Domestic companion animal" means a companion animal or pet as 52 defined in section three hundred fifty of the agriculture and markets 53 law and shall also mean any other domesticated animal normally main- 54 tained in or near the household of the owner or person who cares for 55 such other domesticated animal. "Pet" or "companion animal" shall notS. 4456 22 1 include a "farm animal," as defined in section three hundred fifty of 2 the agriculture and markets law. 3 (2) "Public transportation or public transportation service" means 4 rail passenger service, motorbus regular route service, paratransit 5 service, motorbus charter service, and ferry passenger service. 6 b. (1) In the event that a state of emergency has been declared and an 7 evacuation of any region of the state is in progress, the owner of a 8 domestic companion animal shall be permitted to board any public trans- 9 portation or public transportation service with the domestic companion 10 animal so long as that animal is under the owner's control by use of a 11 leash or tether, or is properly confined in an appropriate container or 12 by other suitable means, provided that such boarding is authorized by 13 and consistent with the provisions of state disaster emergency plans or 14 local state of emergency plans pertaining to the needs of animals and 15 individuals with an animal under their care. The provisions of this 16 article shall only apply to the owners of domestic companion animals who 17 are evacuating from a region of the state affected by the emergency or 18 local disaster emergency as defined in section twenty of the executive 19 law, or a local state of emergency, as defined in section twenty-four of 20 the executive law. 21 (2) A domestic companion animal may be refused permission to board any 22 public transportation or public transportation service, even if the 23 animal is under the owner's control or properly confined in accordance 24 with this paragraph if there is reasonable cause to believe that, due to 25 attendant circumstances, permitting the animal to board would pose a 26 health or safety hazard. 27 c. All passengers with service animals shall be given priority seating 28 on all means of transportation regulated by this article in accordance 29 with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. 30 s.12101 et seq.). For the purposes of this article, "service animal" 31 shall have the same meaning as set forth in the federal "Americans with 32 Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regu- 33 lations under the act. 34 d. All passengers on any public transportation or public transporta- 35 tion service shall be provided seating before a domestic companion 36 animal may be placed in a seat. 37 2. The port authority is hereby authorized to make and enforce such 38 rules and regulations necessary for the implementation of this section. 39 § 115. Public meetings. 1. The legislature finds and declares that 40 the right of the public to be present at meetings of the port authority 41 of New York and New Jersey, and to witness in full detail all phases of 42 the deliberation, policy formulation, and decision making of the author- 43 ity, is vital to the enhancement and proper functioning of the democrat- 44 ic process, and that secrecy in public affairs undermines the faith of 45 the public in government and the public's effectiveness in fulfilling 46 its role in a democratic society; and declares it to be the public poli- 47 cy of this state to insure the right of its citizens to have adequate 48 advance notice of and the right to attend all meetings of the authority 49 at which any business affecting the public is discussed or acted upon in 50 any way except only in those circumstances where otherwise the public 51 interest would be clearly endangered or the personal privacy of guaran- 52 teed rights of individuals would be clearly in danger of unwarranted 53 invasion. 54 2. The board shall, within six months of the enactment into law of 55 legislation having an identical effort by the state of New Jersey, adopt 56 appropriate rules and regulations concerning proper notice to the publicS. 4456 23 1 and the news media of its meetings and the right of the public and the 2 news media to be present at meetings of the authority. The board may 3 incorporate in its rules and regulations conditions under which it may 4 exclude the public from a meeting or a portion thereof. 5 3. Any rules or regulations adopted hereunder shall become a part of 6 the minutes of the port authority of New York and New Jersey and shall 7 be subject to the approval of the governor of New Jersey and the gover- 8 nor of New York. 9 4. Unless and until otherwise determined by the action of the legisla- 10 tures of the two states, no action of the port authority shall be bind- 11 ing unless taken at a meeting at which at least three of the members 12 from each state are present, and unless a majority of the members from 13 each state present at such meeting but in any event at least three of 14 the members from each state, shall vote in favor thereof. Each state 15 reserves the right to provide by law for the exercise of a veto power by 16 the governor thereof over any action of any commissioner appointed ther- 17 efrom. 18 § 116. Minutes of public meetings. 1. The port authority shall file 19 with the temporary president and minority leader of the senate and the 20 speaker and minority leader of the assembly, the chairman of the assem- 21 bly ways and means committee and the chairman of the senate finance 22 committee of the state of New York and the president, minority leader 23 and secretary of the senate and the speaker, minority leader and clerk 24 of the general assembly of the state of New Jersey a copy of the minutes 25 of any action taken at any public meeting of the port authority. Such 26 filing shall be made on the same day such minutes are transmitted to the 27 governor of each state for review; and notice of such filing shall be 28 provided to the governor of each state at the same time. Failure to 29 effectuate any such filing shall not impair the ability of the authority 30 to act pursuant to a resolution of its board. Such filing shall not 31 apply to any minutes required to be filed pursuant to section twenty of 32 former chapter six hundred fifty-one of the laws of nineteen hundred 33 seventy-eight and continued by part XXVII of this article. 34 2. The temporary president and minority leader of the senate, the 35 speaker and minority leader of the assembly, the chairman of the assem- 36 bly ways and means committee and the chairman of the senate finance 37 committee of the state of New York and the speaker and minority leader 38 of the general assembly and the president and the minority leader of the 39 senate of the state of New Jersey, or representatives designated by them 40 in writing for this purpose, may by certificate filed with the secretary 41 of the port authority waive the foregoing filing requirement with 42 respect to any specific minutes. 43 § 117. Jurisdiction. Unless and until otherwise provided, all laws 44 now or hereafter vesting jurisdiction or control in the public service 45 commission, or the public utilities commission, or like body, within 46 each state respectively, shall apply to railroads and to any transporta- 47 tion, terminal or other facility owned, operated, leased or constructed 48 by the port authority, with the same force and effect as if such rail- 49 road, or transportation, terminal or other facility were owned, leased, 50 operated or constructed by a private corporation. 51 § 118. Powers of municipalities to develop or improve. Nothing 52 contained in this agreement shall impair the powers of any municipality 53 to develop or improve port and terminal facilities. 54 § 119. Comprehensive development. 1. The legislatures of the two 55 states, prior to the signing of this agreement, or thereafter as soon asS. 4456 24 1 may be practicable, will adopt a plan or plans for the comprehensive 2 development of the port of New York. 3 2. The port authority shall from time to time make plans for the 4 development of the port of New York district, supplementary to or amen- 5 datory of any plan theretofore adopted, and when such plans are duly 6 approved by the legislatures of the two states, they shall be binding 7 upon both states with the same force and effect as if incorporated in 8 this chapter. 9 3. The port authority may petition any interstate commerce commission 10 (or like body), commissioner of transportation, public utilities commis- 11 sion (or like body), or any other federal, municipal, state or local 12 authority, administrative, judicial or legislative, having jurisdiction 13 in the premises, after the adoption of the comprehensive plan as 14 provided for in subdivision one of this section, for the adoption and 15 execution of any physical improvement, change in method, rate of trans- 16 portation, system of handling freight, warehousing, docking, lightering 17 or transfer of freight, which, in the opinion of the port authority, may 18 be designed to improve or better the handling of commerce in and through 19 the port of New York district, or improve terminal and transportation 20 facilities therein. It may intervene in any proceeding affecting the 21 commerce of the port. 22 § 120. Recommendations. The port authority may from time to time make 23 recommendations to the legislatures of the two states or to the congress 24 of the United States, based upon study and analysis, for the better 25 conduct of the commerce passing in and through the port of New York, the 26 increase and improvement of transportation and terminal facilities ther- 27 ein, and the more economical and expeditious handling of such commerce. 28 § 121. Expense of operations. 1. Unless and until the revenues from 29 operations conducted by the port authority are adequate to meet all 30 expenditures, the legislatures of the two states shall appropriate, in 31 equal amounts, annually, for the salaries, office and other administra- 32 tive expenses, such sum or sums as shall be recommended by the port 33 authority and approved by the governors of the two states, but each 34 state obligates itself hereunder only to the extent of one hundred thou- 35 sand dollars in any one year. 36 2. Unless and until otherwise determined by the action of the legisla- 37 tures of the two states, the port authority shall not incur any obli- 38 gations for salaries, office or other administrative expenses, within 39 the provisions of subdivision one of this section, prior to the making 40 of appropriations adequate to meet the same. 41 § 122. Port authority as an agency. Notwithstanding any law to the 42 contrary, the port authority shall be deemed an "agency" and treated as 43 such under the laws of New York, for all purposes under articles six and 44 six-A of the public officers law, and shall be deemed a "public agency" 45 and treated as such under New Jersey, P.L. 1963, c. 73 (C.47:1A-1 et 46 seq.), pertaining to the disclosure of government records. 47 § 123. Notice of claim. Notwithstanding any other provision of law to 48 the contrary, every action against the authority for damages or injuries 49 to real or personal property, or for the destruction thereof, or for 50 personal injuries or wrongful death shall not be commenced unless a 51 notice of claim shall have been served on the authority in the manner 52 provided for in the state where the action is commenced, and in compli- 53 ance with the pertinent statutes of the state relating generally to 54 actions commenced against that state and in compliance with all the 55 requirements of the laws of that state. Where such state's law permits 56 service upon a department of that state in lieu of service upon theS. 4456 25 1 public entity, service may be made pursuant to such law. Except in an 2 action for wrongful death against such an entity, an action for damages 3 or for injuries to real or personal property, or for the destruction 4 thereof, or for personal injuries, alleged to have been sustained, shall 5 not be commenced more than one year and ninety days after the cause of 6 action therefor shall have accrued or within the time period otherwise 7 prescribed by any special provision of law of that state, whichever is 8 longer. 9 § 124. Regulations. 1. The port authority is hereby authorized to 10 make suitable rules and regulations not inconsistent with the constitu- 11 tion of the United States or of either state, and subject to the exer- 12 cise of the power of congress, for the improvement of the conduct of 13 navigation and commerce, which, when concurred in or authorized by the 14 legislatures of both states, shall be binding and effective upon all 15 persons and corporations affected thereby. 16 2. The two states shall provide penalties for violations of any order, 17 rule or regulation of the port authority, and for the manner of enforc- 18 ing the same. 19 PART II 20 DEVELOPMENT OF THE PORT OF NEW YORK 21 Section 201. Development of the port of New York. 22 202. Investigations. 23 203. Hearings. 24 204. Orders. 25 205. Terminal stations. 26 206. Preference. 27 § 201. Development of the port of New York. 1. Pursuant to subdivi- 28 sion two of section one hundred seven of this article the following be 29 and is hereby adopted as the comprehensive plan for the development of 30 the port of New York: 31 (a) That terminal operations within the port district, so far as 32 economically practicable, should be unified; 33 (b) That there should be consolidation of shipments at proper classi- 34 fication points so as to eliminate duplication of effort, inefficient 35 loading of equipment and realize reduction in expenses; 36 (c) That there should be the most direct routing of all commodities so 37 as to avoid centers of congestion, conflicting currents and long truck- 38 hauls; 39 (d) That terminal stations established under the comprehensive plan 40 should be union stations, so far as practicable; 41 (e) That the process of coordinating facilities should so far as prac- 42 ticable adapt existing facilities as integral parts of the new system, 43 so as to avoid needless destruction of existing capital investment and 44 reduce so far as may be possible the requirements for new capital; and 45 endeavor should be made to obtain the consent of local municipalities 46 within the port district for the coordination of their present and 47 contemplated port and terminal facilities with the whole plan. 48 (f) That freight from all railroads must be brought to all parts of 49 the port wherever practicable without cars breaking bulk, and this 50 necessitates tunnel connection between New Jersey and Long Island, and 51 tunnel or bridge connections between other parts of the port; 52 (g) That there should be urged upon the federal authorities improve- 53 ment of channels so as to give access for that type of waterborne 54 commerce adapted to the various forms of development which the respec- 55 tive shorefronts and adjacent lands of the port would best lend them- 56 selves to;S. 4456 26 1 (h) That highways for motor truck traffic should be laid out so as to 2 permit the most efficient inter-relation between terminals, piers and 3 industrial establishments not equipped with railroad sidings and for the 4 distribution of building materials and many other commodities which must 5 be handled by trucks; these highways to connect with existing or 6 projected bridges, tunnels and ferries. 7 (i) That definite methods for prompt relief should be devised which 8 can be applied for the better coordination and operation of existing 9 facilities while larger and more comprehensive plans for future develop- 10 ment are being carried out. 11 2. The bridges, tunnels and belt lines forming the comprehensive plan 12 are generally and in outline indicated on maps filed by the port of New 13 York authority in the offices of the secretaries of the states of New 14 York and New Jersey and are hereinafter described in outline. 15 3. (a) A tunnel or tunnels connecting the New Jersey shore and the 16 Brooklyn shore of New York to provide through line connection between 17 the transcontinental railroads now having their terminals in New Jersey 18 with the Long Island railroad and the New York connecting railroad on 19 Long Island and with the New York Central and Hudson River railroad and 20 the New York, New Haven and Hartford railroad in the Bronx, and to 21 provide continuous transportation of freight between the Queens, Brook- 22 lyn and Bronx sections of the port to and from all parts of the westerly 23 section of the port, for all of the transcontinental railroads. 24 (b) A bridge and/or tunnel across or under the Arthur kill, and/or the 25 existing bridge enlarged, to provide direct freight carriage between New 26 Jersey and Staten Island. 27 (c) The location of all such tunnels or bridges to be at the shortest, 28 most accessible and most economical points practicable, taking account 29 of existing facilities now located within the port district and provid- 30 ing for and taking account of all reasonably foreseeable future growth 31 in all parts of the district. 32 4. The island of Manhattan to be connected with New Jersey by bridge 33 or tunnel, or both, and freight destined to and from Manhattan to be 34 carried underground, so far as practicable, by such system, automatic 35 electric as hereinafter described or otherwise, as will furnish the most 36 expeditious, economical and practicable transportation of freight, espe- 37 cially meat, produce, milk and other commodities comprising the daily 38 needs of the people. Suitable markets, union inland terminal stations 39 and warehouses to be laid out at points most convenient to the homes and 40 industries upon the island, the said system to be connected with all the 41 trans-continental railroads terminating in New Jersey and by appropriate 42 connection with the New York Central and Hudson River railroad, the New 43 York, New Haven and Hartford and the Long Island railroads. 44 5. The numbers hereinafter used correspond with the numbers which have 45 been placed on the map of the comprehensive plan to identify the various 46 belt lines and marginal railroads. 47 (a) Number 1. Middle belt line. Connects New Jersey and Staten Island 48 and the railroads on the westerly side of the port with Brooklyn, 49 Queens, the Bronx and the railroads on the easterly side of the port. 50 Connects with the New York Central railroad in the Bronx; with the New 51 York, New Haven and Hartford railroad in the Bronx; with the Long Island 52 railroad in Queens and Brooklyn; with the Baltimore and Ohio railroad 53 near Elizabethport and in Staten Island; with the Central Railroad 54 Company of New Jersey at Elizabethport and at points in Newark and 55 Jersey City; with the Pennsylvania railroad in Newark and Jersey City; 56 with the Lehigh Valley railroad in Newark and Jersey City; with theS. 4456 27 1 Delaware, Lackawanna and Western railroad in Jersey City and the Secau- 2 cus meadows; with the Erie railroad in Jersey City and the Secaucus 3 meadows; with the New York, Susquehanna and Western, the New York, 4 Ontario and Western and the West Shore railroads on the westerly side of 5 the Palisades above the Weehawken tunnel. 6 The route of the middle belt line as shown on said map is in general 7 as follows: Commencing at the Hudson river at Spuyten Duyvil running 8 easterly and southerly generally along the easterly side of the Harlem 9 river, utilizing existing lines so far as practicable and improving and 10 adding where necessary, to a connection with Hell Gate bridge and the 11 New Haven railroad, a distance of approximately seven miles; thence 12 continuing in a general southerly direction, utilizing existing lines 13 and improving and adding where necessary, to a point near Bay Ridge, a 14 distance of approximately eighteen and one-half miles; thence by a new 15 tunnel under New York bay in a northwesterly direction to a portal in 16 Jersey City or Bayonne, a distance of approximately five miles, to a 17 connection with the tracks of the Pennsylvania and Lehigh Valley rail- 18 roads; thence in a generally northerly direction along the easterly side 19 of Newark bay and the Hackensack river at the westerly foot of the Pali- 20 sades, utilizing existing tracks and improving and adding where neces- 21 sary, making connections with the Jersey Central, Pennsylvania, Lehigh 22 Valley, Delaware, Lackawanna and Western, Erie, New York, Susquehanna 23 and Western, New York, Ontario and Western, and West Shore railroads, a 24 distance of approximately ten miles. From the westerly portal of the Bay 25 tunnel and from the line along the easterly side of Newark bay by the 26 bridges of the Central railroad of New Jersey (crossing the Hackensack 27 and Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads 28 (crossing Newark bay) to the line of the central railroad of New Jersey 29 running along the westerly side of Newark bay and thence southerly along 30 this line to a connection with the Baltimore and Ohio railroad south of 31 Elizabethport, utilizing existing lines so far as practicable and 32 improving and adding where necessary, a distance of approximately twelve 33 miles; thence in an easterly direction crossing the Arthur kill, utiliz- 34 ing existing lines so far as practicable and improving and adding where 35 necessary, along the northerly and easterly shores of Staten Island to 36 the new city piers and to a connection, if the city of New York consent 37 thereto, with the tunnel under the Narrows to Brooklyn provided for 38 under chapter seven hundred of the laws of the state of New York for 39 nineteen hundred and twenty-one. 40 (b) Number 2. A marginal railroad to the Bronx extending along the 41 shore of the East river and Westchester creek connecting with the middle 42 belt line (number one), and with the New York, New Haven and Hartford 43 railroad in the vicinity of Westchester. 44 (c) Number 3. A marginal railroad in Queens and Brooklyn extending 45 along Flushing creek, Flushing bay, the East river and the upper New 46 York bay. Connects with the middle belt line (number one), by lines 47 number four, number five, number six and directly at the southerly end 48 at Bay Ridge. Existing lines to be utilized and improved and added to 49 and new lines built where lines do not now exist. 50 (d) Number 4. An existing line to be improved and added to where 51 necessary. Connects the middle belt line (number one), with the marginal 52 railroad number three near its northeasterly end. 53 (e) Number 5. An existing line to be improved and added to where 54 necessary. Connects the middle belt line (number one), with the marginal 55 railroad number three in Long Island City.S. 4456 28 1 (f) Number 6. Connects the middle belt line (number one), with the 2 marginal railroad number three in the Greenpoint section of Brooklyn. 3 The existing portion to be improved and added to where necessary. 4 (g) Number 7. A marginal railroad surrounding the northerly and 5 westerly shores of Jamaica bay. A new line. Connects with the middle 6 belt line (number one). 7 (h) Number 8. An existing line, to be improved and added to where 8 necessary. Extends along the southeasterly shore of Staten Island. 9 Connects with middle belt line (number one). 10 (i) Number 9. A marginal railroad extending along the westerly shore 11 of Staten Island and a branch connection with number eight. Connects 12 with the middle belt line (number one), and with a branch from the outer 13 belt line (number fifteen). 14 (j) Number 10. A line made up mainly of existing lines, to be improved 15 and added to where necessary. Connects with the middle belt line (number 16 one) by way of marginal railroad number eleven. Extends along the south- 17 erly shore of Raritan bay and through the territory south of the Raritan 18 river reaching New Brunswick. 19 (k) Number 11. A marginal railroad extending from a connection with 20 the proposed outer belt line (number fifteen) near New Brunswick along 21 the northerly shore of the Raritan river to Perth Amboy, thence norther- 22 ly along the westerly side of the Arthur kill to a connection with the 23 middle belt line (number one) south of Elizabethport. The portion of 24 this line which exists to be improved and added to where necessary. 25 (l) Number 12. A marginal railroad extending along the easterly shore 26 of Newark bay and the Hackensack river and connects with the middle belt 27 line (number one). A new line. 28 (m) Number 13. A marginal railroad extending along the westerly side 29 of the Hudson river and the Upper New York bay. Made up mainly of exist- 30 ing lines----the Erie Terminals, Jersey Junction, Hoboken Shore, and 31 National Docks railroads. To be improved and added to where necessary. 32 To be connected with middle belt line (number one). 33 (n) Number 14. A marginal railroad connecting with the middle belt 34 line (number one), and extending through the Hackensack and Secaucus 35 meadows. 36 (o) Number 15. An outer belt line, extending around the westerly 37 limits of the port district beyond the congested section. Northerly 38 terminus on the Hudson river at Piermont. Connects by marginal railroads 39 at the southerly end with the harbor waters below the congested section. 40 By spurs connects with the middle belt line (number one) on the westerly 41 shore of Newark bay and with the marginal railroad on the westerly shore 42 of Staten Island (number nine). 43 (p) Number 16. The automatic electric system for serving Manhattan 44 Island. Its yards to connect with the middle belt line and with all the 45 railroads of the port district. A standard gauge underground railroad 46 deep enough in Manhattan to permit of two levels of rapid transit 47 subways to pass over it. Standard railroad cars to be brought through to 48 Manhattan terminals for perishables and food products in refrigerator 49 cars. Cars with merchandise freight to be stopped at its yards. Freight 50 from standard cars to be transferred onto wheeled containers, thence to 51 special electrically propelled cars which will bear it to Manhattan. 52 Freight to be kept on wheels between the door of the standard freight 53 car at the transfer point and the tail board of the truck at the Manhat- 54 tan terminal or the store door as may be elected by the shipper or 55 consignee, eliminating extra handling.S. 4456 29 1 Union terminal stations to be located on Manhattan in zones as far as 2 practicable of equal trucking distance, as to pickups and deliveries, to 3 be served by this system. Terminals to contain storage space and space 4 for other facilities. The system to bring all the railroads of the port 5 to Manhattan. 6 6. The determination of the exact location, system and character of 7 each of the said tunnels, bridges, belt lines, approaches, classifica- 8 tion yards, warehouses, terminals or other improvements shall be made by 9 the port authority after public hearings and further study, but in 10 general the location thereof shall be as indicated upon said map, and as 11 herein described. 12 7. The right to add to, modify or change any part of the foregoing 13 comprehensive plan is reserved by each state, with the concurrence of 14 the other. 15 8. The port of New York authority is hereby authorized and directed to 16 proceed with the development of the port of New York in accordance with 17 said comprehensive plan as rapidly as may be economically practicable 18 and is hereby vested with all necessary and appropriate powers not 19 inconsistent with the constitution of the United States or of either 20 state, to effectuate the same, except the power to levy taxes or assess- 21 ments. It shall request the congress of the United States to make such 22 appropriations for deepening and widening channels and to make such 23 grants of power as will enable the said plan to be effectuated. It shall 24 have power to apply to all federal agencies, including the interstate 25 commerce commission, the war department, and the United States shipping 26 board, for suitable assistance in carrying out said plan. It shall coop- 27 erate with the state highway commissioners of each state so that trunk 28 line highways as and when laid out by each state shall fit in with said 29 comprehensive plan. It shall render such advice, suggestion and assist- 30 ance to all municipal officials as will permit all local and municipal 31 port and harbor improvements, so far as practicable, to fit in with said 32 plan. All municipalities within the district are hereby authorized and 33 empowered to cooperate in the effectuation of said plan, and are hereby 34 vested with such powers as may be appropriate or necessary so to cooper- 35 ate. The bonds or other securities issued by the port authority shall at 36 all times be free from taxation by either state. The port authority 37 shall be regarded as the municipal corporate instrumentality of the two 38 states for the purpose of developing the port and effectuating the 39 pledge of the states in the said compact, but it shall have no power to 40 pledge the credit of either state or to impose any obligation upon 41 either state, or upon any municipality, except as and when such power is 42 expressly granted by statute, or the consent by any such municipality is 43 given. 44 § 202. Investigations. 1. (a) To facilitate the determination of the 45 economic practicability of any step in the comprehensive plan, or of any 46 other fact or matter which the port authority is authorized and 47 empowered to decide or determine, the port authority may conduct inves- 48 tigations, inquiries or hearings at such place or places and at such 49 times as it shall appoint. Such investigations, inquiries or hearings 50 may be held by or before one or more of the commissioners of the port 51 authority, or by or before any person or persons appointed as its repre- 52 sentative, and when ratified, approved or confirmed by the port authori- 53 ty on its action shall be and be deemed to be the investigation, inquiry 54 or hearing of the port authority. 55 (b) For the purpose of such investigations, inquiries or hearings, and 56 of such other action or powers as the port authority may be authorizedS. 4456 30 1 or empowered to take or exercise, it shall have jurisdiction of any and 2 all persons, associations, or corporations, residing in, or acting or 3 existing under or by virtue of the laws of, or owning property or coming 4 within this state. 5 2. The port authority shall have the power to compel the attendance of 6 witnesses and the production of any papers, books or other documents, 7 and to administer oaths to all witnesses who may be called before it. 8 Subpoenas issued by the port authority shall be signed by a commissioner 9 or by the secretary of the port authority. No witness subpoenaed at the 10 instance of parties other than the port authority shall be entitled to 11 compensation therefrom for attendance or travel, but the cost thereof 12 shall be borne by the party at whose instance the witness is summoned, 13 unless the port authority otherwise orders. A subpoena issued under this 14 section shall be regulated by the civil practice law and rules of the 15 state of New York. 16 § 203. Hearings. 1. All hearings before the port authority, including 17 the taking of testimony, shall be governed by rules to be adopted and 18 prescribed by it. 19 2. In any investigation, inquiry or hearing before the port authority, 20 a commissioner or an officer conducting the investigation, inquiry or 21 hearing may confer immunity in accordance with the provisions of section 22 50.20 of the criminal procedure law of the state of New York. 23 3. No commissioner or employee of the port authority shall be required 24 to give testimony in any civil suit to which the port authority is not a 25 party with regard to information obtained by him in the discharge of his 26 or her official duty. 27 § 204. Orders. 1. Every order of the port authority shall be served 28 upon every person, association or corporation to be affected thereby, 29 either by personal delivery of a certified copy thereof, or by mailing a 30 certified copy thereof, in a sealed package with postage prepaid, to the 31 person to be affected thereby; or in the case of a corporation to any 32 officer or agent thereof upon whom a summons might be served, either 33 within or without the state, in accordance with law. It shall be the 34 duty of every person, association or corporation, to notify the port 35 authority forthwith, in writing, of the receipt of the certified copy of 36 every order so served, and in the case of a corporation such notifica- 37 tion must be signed and acknowledged by a person or officer duly author- 38 ized by the corporation to admit such service. Within a time specified 39 in the order of the port authority, such person, association or corpo- 40 ration, upon whom it is served, must, if so required in the order, noti- 41 fy the port authority in like manner whether the terms of the order are 42 accepted and will be obeyed. Every order of the port authority shall 43 take effect at a time therein specified and shall continue in force 44 either for a period which may be designated therein, or until changed or 45 abrogated by the port authority, unless such order be unauthorized by 46 law, or be in violation of a provision of the constitution of the state, 47 or of the United States. 48 2. No order staying or suspending an order of the port authority shall 49 be made by any court otherwise than upon notice and after hearing, and 50 if the order of the port authority is suspended, the order suspending 51 the same shall contain a specific finding based upon evidence submitted 52 to the court and identified by reference thereto that great and irrepar- 53 able damage would otherwise result to the petitioner and specifying the 54 nature of the damage. 55 3. (a) Whenever the port authority shall be of the opinion that any 56 person, association or corporation subject to its jurisdiction is fail-S. 4456 31 1 ing or omitting, or about to fail or omit to do anything required of it 2 by the laws governing the development and regulation of the port of New 3 York, or by its order, or is doing or is about to do anything, or 4 permitting, or about to permit anything to be done contrary to, or in 5 violation of, such law or orders, it shall direct its legal represen- 6 tative to commence an action or proceeding in the name of the port 7 authority, in an appropriate court having jurisdiction, for the purpose 8 of having such violations, or threatened violations, stopped and 9 prevented either by mandamus or injunction. Such an action or proceeding 10 may be brought in the supreme court of this state, and the said court 11 shall have and is hereby given the necessary and appropriate jurisdic- 12 tion to grant mandamus or injunction, as the case may require, or any 13 other relief appropriate to the case. 14 (b) Failure of such person, association or corporation to notify the 15 port authority, as required in the preceding section, of its acceptance 16 of and willingness to obey any order of the port authority shall be and 17 be deemed to be prima facie proof that such person, association or 18 corporation is guilty of such violation, or threatened violation. The 19 legal representative of the port authority shall begin such action or 20 proceeding by a petition to the appropriate court, alleging the 21 violation complained of and praying for appropriate relief by way of 22 mandamus or injunction. If the petition is directed to a court of this 23 state, it shall thereupon be the duty of the court to specify the time, 24 not exceeding twenty days after the service of a copy of the petition, 25 within which the person, association or corporation complained of must 26 answer the petition. In case of default in answer, or after answer, the 27 court shall immediately inquire into the facts and circumstances, in 28 such manner as the court shall direct, without other or formal pleadings 29 and without respect to any technical requirement. Such other persons, 30 associations or corporations as the court shall deem necessary or proper 31 to join as parties, in order to make its order, judgment or writs effec- 32 tive, may be joined as parties upon application of the legal represen- 33 tative of the port authority. The final judgment in any such action or 34 proceeding shall either dismiss the action or proceeding, or direct that 35 a writ of mandamus, or an injunction, or both, issue as prayed for in 36 the petition, or in such modified or other form as the court may deter- 37 mine will afford the appropriate relief. 38 4. (a) Whenever the port authority, after opportunity to the parties 39 affected or to be affected thereby to be heard, shall determine any fact 40 or matter which it is authorized by any law to hear or determine, or 41 that any step in the effectuation of the comprehensive plan is or in the 42 near future will be economically practicable, it shall make its findings 43 in writing, setting forth its reasons therefor, and such findings shall 44 be and be deemed to be a determination by the port authority, under and 45 pursuant to law. Upon such determination an appropriate order may be 46 entered by the port authority and be made effective and may be enforced 47 as herein provided. 48 (b) If such findings or determination shall require the use of exist- 49 ing facilities or any part thereof described in the law, owned or oper- 50 ated by any carrier or carriers, then the port authority may order and 51 require the carrier or carriers owning or operating said railroad facil- 52 ities or part thereof to permit the use of such facilities or part ther- 53 eof upon the payment of reasonable compensation therefor. If the carrier 54 or carriers affected or to be affected by such order shall not be able, 55 within the time to be specified in its order by the port authority, to 56 agree among themselves upon the compensation to be paid by a user to aS. 4456 32 1 proprietor or operator for the use of such existing facilities or part 2 thereof, then the port authority shall make determination of the amount 3 to be paid by the user to the proprietary carrier or carriers, taking 4 all the facts and circumstances into account, including the public use 5 to which such facilities have been put; or, at its option, the port 6 authority may apply to the supreme court of this state, either in a 7 separate proceeding or in proceedings by mandamus or injunction to 8 enforce its order, to fix and determine the fair and reasonable compen- 9 sation to be paid by the user to the proprietary carrier or carriers for 10 such use. If any carrier shall be dissatisfied with the findings of the 11 port authority in the matter of the compensation to be paid for the use 12 of any existing facility, it shall have the right to review the same in 13 the supreme court of this state by taking appropriate proceedings for 14 such review within sixty days from the service of the order of the port 15 authority, but pending such review the order for the use of such facili- 16 ties shall be operative, the determination of the compensation by the 17 court to relate back to the time of the commencement of such user, 18 unless the court shall for good and proper reasons enjoin the operation 19 of such order. 20 § 205. Terminal stations. If, in the determination of steps to effec- 21 tuate the comprehensive plan, the port authority shall determine that 22 one or more union terminal stations are then, or in the near future, 23 economically practicable, it shall call a conference of all the carriers 24 affected or to be affected by the use of such terminal stations or 25 station and shall submit to them a plan or plans for the construction, 26 maintenance and use thereof. If the carriers or any of them shall fail 27 or refuse to agree upon such plan, the port authority shall make and 28 certify its findings and conclusions to the supreme court of this state, 29 and the said court is vested with appropriate and adequate jurisdiction 30 to determine whether or not such plan or plans for a union station or 31 stations effectuate the comprehensive plan, and to make such conditions 32 and impose such terms as will carry out the same in accordance with the 33 principles embraced in the comprehensive plan and the laws governing the 34 same. 35 § 206. Preference. All actions and proceedings to which the port 36 authority may be a party and in which any question arises under the laws 37 relating to the port authority, or under or concerning any of its orders 38 or actions, shall be preferred over all other civil causes, except 39 election causes, in all courts of this state and shall be heard and 40 determined in preference to all other civil business pending therein, 41 except election causes, irrespective of position on the calendar. The 42 same preference shall be granted upon application of the legal represen- 43 tative of the port authority, in any action or proceeding in which he or 44 she may be allowed to intervene. 45 PART III 46 BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY 47 Section 301. Legislative intent. 48 302. Tunnels. 49 303. Bridges. 50 304. Studies and reporting. 51 305. Inspections. 52 306. Construction, maintenance and operation. 53 307. Rules and regulations relating to tunnels and bridges. 54 308. Bonds. 55 309. Compact.S. 4456 33 1 § 301. Legislative intent. The state of New Jersey by appropriate 2 legislation concurring herein, the states of New York and New Jersey 3 hereby declare and agree that the vehicular traffic moving across the 4 interstate waters within the port of New York district, created by the 5 compact of April thirty, nineteen hundred twenty-one, between the said 6 states, which said phrase "interstate waters" as used in this part shall 7 include the portion of the Hudson river within the said port of New York 8 district north of the New Jersey state line, constitutes a general move- 9 ment of traffic which follows the most accessible and practicable 10 routes, and that the users of each bridge or tunnel over or under the 11 said waters benefit by the existence of every other bridge or tunnel 12 since all such bridges and tunnels as a group facilitate the movement of 13 such traffic and relieve congestion at each of the several bridges and 14 tunnels. Accordingly the two said states, in the interest of the users 15 of such bridges and tunnels and the general public, hereby agree that 16 the construction, maintenance, operation and control of all such bridges 17 and tunnels, heretofore or hereafter authorized by the two said states, 18 shall be unified under the port authority, to the end that the tolls and 19 other revenues therefrom shall be applied so far as practicable to the 20 costs of the construction, maintenance and operation of said bridges and 21 tunnels as a group and economies in operation effected, it being the 22 policy of the two said states that such bridges and tunnels shall as a 23 group be in all respects self-sustaining. 24 § 302. Tunnels. 1. In furtherance of the policy stated in section 25 three hundred one of this part, and in partial effectuation of the 26 comprehensive plan adopted by the two said states for the development of 27 the said port of New York district pursuant to this chapter, the 28 control, operation, tolls and other revenues of the vehicular tunnel, 29 known as the Holland tunnel, under the Hudson river between the city of 30 Jersey City and the city of New York, shall be vested in the port 31 authority as hereinafter provided; and the port authority is hereby 32 authorized and empowered to construct, own, maintain and operate an 33 interstate vehicular crossing under the Hudson river to consist of three 34 tubes (hereinafter called the Midtown Hudson tunnel), together with such 35 approaches thereto and connections with highways as the port authority 36 may deem necessary or desirable. 37 2. The entrances, exits and approaches to the said Midtown Hudson 38 tunnel, on the New York side, shall be between West Thirty-fifth street 39 and West Forty-first street and in the vicinity of Ninth avenue and to 40 the west thereof, in the borough of Manhattan, city of New York. The 41 approaches to the said Midtown Hudson tunnel on the New Jersey side 42 shall be so located and constructed as to permit tunnel traffic to pass 43 over or under the tracks of the New York, Susquehanna and Western Rail- 44 road Company and the Northern Railroad Company of New Jersey, immediate- 45 ly west of the Palisades, without crossing the said tracks at grade, and 46 as to permit connections with New Jersey state highway routes in the 47 vicinity of the said tracks. The said Midtown Hudson tunnel shall have 48 an appropriate entrance and exit in the township of Weehawken, county of 49 Hudson, state of New Jersey. 50 3. The control, operation, tolls and other revenues of the said 51 Holland tunnel and its entrance and exit plazas and of all real and 52 personal property appurtenant thereto or used in connection therewith, 53 shall vest in the port authority upon the making of the following 54 payments by the port authority to each of the said two states: 55 (a) An amount equal to the moneys contributed by such state toward the 56 cost of construction of the said Holland tunnel, with interest thereonS. 4456 34 1 at the rate of four and one-quarter per centum per annum from the date 2 or dates on which such moneys were contributed by such state to the date 3 of the payment to such state; 4 (b) Less, however, the share of such state in the net revenues of the 5 said tunnel to the date of the said payment, and less interest on such 6 net revenues at the rate of four and one-quarter per centum per annum 7 from the dates on which the said net revenues were received by such 8 state to the date of the said payment; 9 (c) And in the case of the payment to the state of New York, less an 10 amount equal to the moneys which the said state has agreed to advance to 11 the port authority (but which have not as yet been advanced to the port 12 authority) in aid of bridge construction, during the fiscal years 13 commencing in nineteen hundred thirty-one and nineteen hundred thirty- 14 two, pursuant to chapter seven hundred and sixty-one of the laws of New 15 York of nineteen hundred twenty-six and chapter three hundred of the 16 laws of New York of nineteen hundred twenty-seven and acts amendatory 17 thereof and supplemental thereto, discounted, however, in the case of 18 each advance at the rate of four and one-quarter per centum per annum, 19 from the date of the said payment to the state of New York to the date 20 upon which such advance is to be available pursuant to the aforesaid 21 statutes. 22 In computing interest as aforesaid upon the moneys contributed by each 23 of the said two states toward the cost of construction of the said 24 Holland tunnel, such moneys shall be deemed to have been contributed by 25 such state upon the first day of the month following the month during 26 which there were presented to the comptroller of such state for audit 27 and payment, the schedules and vouchers pursuant to which such moneys 28 were paid. In computing interest as aforesaid upon the net revenues 29 received by each of the said two states, such net revenues shall be 30 deemed to have been received by such state upon the date when such 31 revenues were credited to such state or to the commission of such state 32 pursuant to paragraph eleven of article fourteen of the compact of 33 December thirty, nineteen hundred nineteen, between the two said states. 34 4. If the amount paid by the port authority to the state of New Jersey 35 pursuant to subdivision three of this section shall be less than an 36 amount which, together with the moneys then in the sinking fund estab- 37 lished by chapter three hundred and fifty-two of the laws of New Jersey 38 of nineteen hundred twenty and chapter two hundred and sixty-two of the 39 laws of New Jersey of nineteen hundred twenty-four, hereinafter called 40 the New Jersey Camden bridge-Holland tunnel sinking fund (other than 41 moneys set apart to pay interest for the then current year upon the 42 bonds of the state of New Jersey authorized by the aforesaid acts of the 43 state of New Jersey, hereinafter called New Jersey Camden bridge-Holland 44 tunnel bonds), will be equal to the principal amount of the then 45 outstanding New Jersey Camden bridge-Holland tunnel bonds, then and in 46 such event, the port authority shall in addition pay to the state of New 47 Jersey an amount which, together with the amount paid under and pursuant 48 to the preceding section hereof and the moneys then in said New Jersey 49 Camden bridge-Holland tunnel sinking fund, will be equal to the princi- 50 pal amount of the then outstanding New Jersey Camden bridge-Holland 51 tunnel bonds; and shall, moreover, pay to the state of New York a like 52 amount. 53 5. The amount payable by the port authority to the state of New York 54 pursuant to subdivisions three and four of this section shall be paid by 55 the port authority into the treasury of the state of New York upon the 56 thirtieth day of June, nineteen hundred thirty-one, or at an earlierS. 4456 35 1 date at the option of the port authority on five days' notice to the 2 comptroller of the state of New York, upon a voucher signed and audited 3 by the said comptroller, who is hereby authorized to consummate the said 4 transaction. 5 6. The amount payable by the port authority to the state of New Jersey 6 pursuant to subdivisions three and four of this section shall be paid by 7 the port authority to the sinking fund commission created by said chap- 8 ter three hundred and fifty-two of the laws of New Jersey of nineteen 9 hundred twenty and said chapter two hundred and sixty-two of the laws of 10 New Jersey of nineteen hundred twenty-four, hereinafter called the New 11 Jersey Camden bridge-Holland tunnel sinking fund commission upon the 12 thirtieth day of June, nineteen hundred thirty-one, or such other date 13 as may be agreed upon by the said sinking fund commission and the port 14 authority, upon a voucher signed and audited by the said sinking fund 15 commission, which said commission is hereby authorized to consummate 16 said transaction; and the said moneys shall be deposited in the said New 17 Jersey Camden bridge-Holland tunnel sinking fund, and shall for all 18 purposes be deemed to be a part thereof and subject to the appropriation 19 of the moneys in the said sinking fund, made by the aforesaid statutes 20 of the state of New Jersey. 21 7. The income and interest received from or accruing upon the moneys 22 in the aforesaid New Jersey Camden bridge-Holland tunnel sinking fund, 23 and from the investment thereof, shall be set apart and held by the said 24 New Jersey Camden bridge-Holland tunnel sinking fund commission for the 25 payment of interest on New Jersey Camden bridge-Holland tunnel bonds, 26 and shall be subject to the appropriation made of moneys so set apart 27 and held, by the aforesaid statutes of the state of New Jersey, and 28 shall be applied to the payment of such interest. 29 8. Upon the making of the foregoing payments by the port authority to 30 the two said states, the provisions of the compact of December thirty, 31 nineteen hundred nineteen, between the said two states, relating to the 32 construction and operation of the said Holland tunnel, as amended, so 33 far as inconsistent herewith or with the rules, practice and procedure 34 or general authority of the port authority, shall be and shall be deemed 35 to be abrogated; and chapter four hundred and twenty-one of the laws of 36 New York of nineteen hundred thirty, and chapter two hundred and forty- 37 seven of the laws of New Jersey of nineteen hundred thirty, making the 38 port authority the agent of the two states in connection with the opera- 39 tion of the said Holland tunnel shall cease to be effective. 40 § 303. Bridges. 1. Except as may be agreed upon between the port 41 authority and the municipality in which they shall be located, the 42 approaches to the George Washington bridge hereafter constructed on the 43 New York side shall be located as follows: between Amsterdam avenue and 44 Pinehurst avenue, the approaches shall be located between West One 45 hundred seventy-eighth street and West One hundred seventy-ninth street; 46 between Pinehurst avenue and Cabrini boulevard, the approaches shall be 47 between West One hundred seventy-eighth street and West One hundred 48 eightieth street; between Cabrini boulevard and Haven avenue, the 49 approaches shall be between West One hundred seventy-seventh street and 50 the line parallel to the northerly side of West One hundred eightieth 51 street and one hundred twenty-five feet north of the building line on 52 the north side thereof; between Haven avenue and Service street north of 53 the George Washington bridge, the approaches shall be between the bridge 54 and an extension of the building line on the northerly side of West One 55 hundred eightieth street. Except as so limited, the port authority may 56 effectuate such approaches, connections, highway extensions or highwayS. 4456 36 1 improvements as it shall deem necessary or desirable in relation to the 2 George Washington bridge, located in or extending across the counties in 3 which such bridge is located, and, in its discretion, may do so by 4 agreement with any other public agency; such agreement may provide for 5 the construction, ownership, maintenance or operation of such 6 approaches, connections or highway extensions or highway improvements by 7 such other public agency. 8 2. The port authority is hereby authorized and empowered, in its 9 discretion, to construct, own, maintain and operate in Washington 10 Heights in the borough of Manhattan, New York city, as an addition and 11 improvement to the vehicular bridge over the Hudson river at Fort Lee, 12 known as and hereinafter in this section referred to as the George Wash- 13 ington bridge, a bus passenger facility, by which is meant a facility 14 consisting of one or more buildings, structures, improvements, loading 15 or unloading areas, parking areas or other facilities necessary, conven- 16 ient or desirable in the opinion of the port authority for the accommo- 17 dation of omnibuses and other motor vehicles operated by carriers 18 engaged in the transportation of passengers, or for the loading, unload- 19 ing, interchange or transfer of such passengers or their baggage, or 20 otherwise for the accommodation, use or convenience of such passengers 21 or such carriers or their employees and for purposes incidental thereto. 22 3. Nothing herein contained shall be deemed to prevent the port 23 authority from establishing, levying and collecting tolls and other 24 charges in connection with such bus passenger facility in addition to 25 and other than the tolls or charges established, levied and collected in 26 connection with the George Washington bridge or any other bridge or 27 tunnel. 28 § 304. Studies and reporting. The port authority shall from time to 29 time make studies, surveys and investigations to determine the necessity 30 and practicability of vehicular bridges and tunnels over or under inter- 31 state waters within the port of New York district, in addition to the 32 Midtown Hudson tunnel and Holland tunnel and to the George Washington 33 bridge, Goethals bridge, Outerbridge Crossing and Bayonne bridge, and 34 report to the governors and legislatures of the two states thereon. The 35 port authority shall not proceed with the construction of any such addi- 36 tional vehicular bridges and tunnels over or under said interstate 37 waters until hereafter expressly authorized by the two said states, but 38 the second deck of the George Washington bridge shall be considered an 39 addition and improvement to the said bridge and not such an additional 40 vehicular bridge, and the port authority's power and authorization to 41 construct, own, maintain and operate said second deck for highway vehic- 42 ular or rail rapid transit traffic or both is hereby acknowledged and 43 confirmed. 44 § 305. Inspections. The port authority shall inspect bridges located 45 within the state of New York and under the authority's jurisdiction in 46 accordance with criteria established for other publicly-owned bridges 47 within the state. 48 § 306. Construction, maintenance and operation. 1. The port authority 49 shall, so far as it deems it practicable, treat as a single unified 50 operation the construction, maintenance and operation of the said 51 Midtown Hudson tunnel, the Holland tunnel, the two vehicular bridges 52 over the Arthur Kill, the vehicular bridge over the Kill van Kull, the 53 vehicular bridge over the Hudson river at Fort Lee, and any other vehic- 54 ular bridges or tunnels which it may construct or operate, raising 55 moneys for the construction thereof and for the making of additions and 56 improvements thereto in whole or in part upon its own obligations, andS. 4456 37 1 establishing and levying such tolls and other charges as it may deem 2 necessary to secure from all of such bridges and tunnels as a group, at 3 least sufficient revenue to meet the expenses of the construction, main- 4 tenance and operation of such bridges and tunnels as a group, and to 5 provide for the payment of the interest upon and amortization and 6 retirement of and the fulfillment of the terms of all bonds and other 7 securities and obligations which it may have issued or incurred in 8 connection therewith. 9 2. The additions and improvements to bridges and tunnels constructed 10 or operated by it which the port authority is hereby authorized to 11 effectuate shall include but not be limited to parking facilities, by 12 which is meant transportation facilities consisting of one or more 13 areas, buildings, structures, improvements, or other accommodations or 14 appurtenances necessary, convenient or desirable in the opinion of the 15 port authority for the parking or storage of motor vehicles of users of 16 such bridges and tunnels and other members of the general public and for 17 the transfer of the operators and passengers of such motor vehicles to 18 and from omnibuses and other motor vehicles operated by carriers over or 19 through such bridges or tunnels, and for purposes incidental thereto. 20 3. Nothing herein contained shall be deemed to prevent the port 21 authority from establishing, levying and collecting tolls and other 22 charges in connection with any parking facility in addition to and other 23 than the tolls or charges established, levied and collected in 24 connection with the bridge or tunnel to which such parking facility is 25 an addition and improvement or any other bridge or tunnel. 26 4. The port authority shall not proceed with the construction of any 27 parking facility as an addition and improvement to any bridge or tunnel 28 other than a parking facility in the township of North Bergen in the 29 state of New Jersey at or in the vicinity of the Midtown Hudson tunnel 30 and its approaches and connections, except as heretofore or hereafter 31 expressly authorized. 32 5. The plans of the connections with state or municipal highways of 33 any vehicular bridge or tunnel which the port authority may hereafter 34 construct (including the plans of any additional connections of existing 35 bridges or tunnels with state or municipal highways), shall be subject 36 to the approval of the governor of the state in which such connections 37 shall be located. Either state may require by appropriate legislation 38 that such connections shall be subject to the approval of the munici- 39 pality of that state in which they shall be located; and in such event, 40 the approval of such municipality shall be given as provided in subdivi- 41 sion two of section one hundred three of this article. Except as limit- 42 ed herein, the port authority shall determine all matters pertaining to 43 such bridges and tunnels. 44 6. The construction, maintenance and operation of vehicular bridges 45 and tunnels within the said port of New York district (including the 46 said Holland tunnel and the said Midtown Hudson tunnel), are and will be 47 in all respects for the benefit of the people of the states of New York 48 and New Jersey, for the increase of their commerce and prosperity and 49 for the improvement of their health and living conditions; and the port 50 authority shall be regarded as performing an essential governmental 51 function in undertaking the construction, maintenance and operation 52 thereof and in carrying out the provisions of law relating thereto, and 53 shall be required to pay no taxes or assessments upon any of the proper- 54 ty acquired or used by it for such purposes. 55 7. If for any of the purposes of this part (including temporary 56 construction purposes, and the making of additions or improvements toS. 4456 38 1 bridges or tunnels already constructed), the port authority shall find 2 it necessary or convenient to acquire any real property as herein 3 defined, whether for immediate or future use, the port authority may 4 find and determine that such property, whether a fee simple absolute or 5 a lesser interest, is required for a 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 and with the exceptions hereinafter specifically noted, the said deter- 9 mination shall not be affected by the fact that such property has there- 10 tofore been taken for, or is then devoted to, a public use; but the 11 public use in the hands or under the control of the port authority shall 12 be deemed superior to the public use in the hands of any other person, 13 association or corporation. 14 8. The port authority may acquire and is hereby authorized to acquire 15 such property, whether a fee simple absolute or a lesser interest, by 16 the exercise of the right of eminent domain under and pursuant to the 17 provisions of the eminent domain procedure law of the state of New York, 18 in the case of property located in such state, and revised statutes of 19 New Jersey, Title 20:1-1 et seq., in the case of property located in 20 such state, or at the option of the port authority as provided in 21 section fifteen of chapter forty-three of the laws of New Jersey of 22 nineteen hundred forty-seven, as amended, for the condemnation of real 23 property for air terminal purposes, in the case of property located in 24 such state, or pursuant to such other and alternate procedure as may be 25 provided by law. 26 9. Where a person entitled to an award in the proceedings to acquire 27 any real property for any of the purposes of this part, remains in 28 possession of such property after the time of the vesting of title in 29 the port authority, the reasonable value of his use and occupancy of 30 such property subsequent to such time, as fixed by agreement or by the 31 court in such proceedings or by any court of competent jurisdiction, 32 shall be a lien against such award, subject only to liens of record at 33 the time of the vesting of title in the port authority. 34 10. Nothing herein contained shall be construed to prohibit the port 35 authority from bringing any proceedings to remove a cloud on title or 36 such other proceedings as it may, in its discretion, deem proper and 37 necessary, or from acquiring any such property by negotiation or 38 purchase. 39 11. Anything in this act to the contrary notwithstanding, no property 40 now or hereafter vested in or held by any county, city, borough, 41 village, township or other municipality shall be taken by the port 42 authority, without the authority or consent of such county, city, 43 borough, village, township or other municipality as provided in part one 44 of this article, provided that the state in which such county, city, 45 borough, village, township or other municipality is located may author- 46 ize such property to be taken by the port authority by condemnation or 47 the exercise of the right of eminent domain without such authority or 48 consent; nor shall anything herein impair or invalidate in any way any 49 bonded indebtedness of the state, or such county, city, borough, 50 village, township or other municipality, nor impair the provisions of 51 law regulating the payment into sinking funds of revenue derived from 52 municipal property, or dedicating the revenues derived from municipal 53 property, to a specific purpose. The port authority is hereby authorized 54 and empowered to acquire from any such county, city, borough, village, 55 township or other municipality, or from any other public agency or 56 commission having jurisdiction in the premises, by agreement therewith,S. 4456 39 1 and such county, city, borough, village, township, municipality, public 2 agency or commission, notwithstanding any contrary provision of law, is 3 hereby authorized and empowered to grant and convey upon reasonable 4 terms and conditions, any real property, which may be necessary for the 5 construction, operation and maintenance of such bridges and tunnels, 6 including such real property as has already been devoted to a public 7 use. Each of the two said states hereby consent to the use and occupa- 8 tion of the real property of such state necessary for the construction, 9 operation and maintenance of bridges and tunnels constructed or operated 10 pursuant to the provisions of this part, including lands of the state 11 lying under water. 12 12. The port authority and its duly authorized agents and employees 13 may enter upon any land in this state for the purpose of making such 14 surveys, maps, or other examinations thereof as it may deem necessary or 15 convenient for the purposes of this part. 16 13. The term "real property" as used in this section is defined to 17 include lands, structures, franchises, and interests in land, including 18 lands under water and riparian rights, and any and all things and rights 19 usually included within the said term, and includes not only fees simple 20 absolute but also any and all lesser interests, such as easements, 21 rights of way, uses, leases, licenses and all other incorporeal heredi- 22 taments and every estate, interest or right, legal or equitable, includ- 23 ing terms of years, and liens thereon by way of judgments, mortgages or 24 otherwise, and also claims for damage to real estate. 25 14. Nothing herein contained shall be construed to authorize or permit 26 the port authority to undertake the construction of any vehicular bridge 27 or tunnel over or under the Arthur Kill, unless or until adequate 28 provision has been made by law for the protection of those advancing 29 money upon the obligations of the port authority for the construction of 30 the bridges mentioned in chapter two hundred and ten of the laws of 31 nineteen hundred twenty-five, or the construction of any vehicular 32 bridge or tunnel over or under the Hudson river, at or north of Sixtieth 33 street in the borough of Manhattan, city of New York, unless or until 34 adequate provision has been made by law for the protection of those 35 advancing money upon the obligations of the port authority for the 36 construction of the bridge mentioned in chapter seven hundred and 37 sixty-one of the laws of nineteen hundred twenty-six, or the 38 construction of any vehicular bridge or tunnel over or under the Kill 39 van Kull unless or until adequate provision has been made by law for the 40 protection of those advancing money upon the obligations of the port 41 authority for the construction of the bridge mentioned in chapter three 42 hundred of the laws of nineteen hundred twenty-seven. 43 § 307. Rules and regulations relating to tunnels and bridges. 1. The 44 port authority is hereby authorized to make and enforce such rules and 45 regulations and to establish, levy and collect such tolls and other 46 charges in connection with any vehicular bridges and tunnels which it 47 may now or hereafter be authorized to own, construct, operate or control 48 (including the said Holland tunnel and the said Midtown Hudson tunnel), 49 as it may deem necessary, proper or desirable, which said tolls and 50 charges shall be at least sufficient to meet the expenses of the 51 construction, operation and maintenance thereof, and to provide for the 52 payment of, with interest upon, and the amortization and retirement of 53 bonds or other securities or obligations issued or incurred for bridge 54 or tunnel purposes. There shall be allocated to the cost of the 55 construction, operation and maintenance of such bridges and tunnels,S. 4456 40 1 such proportion of the general expenses of the port authority as it 2 shall deem properly chargeable thereto. 3 2. The moneys in the general reserve fund of the port authority 4 (authorized by chapter five of the laws of New Jersey of nineteen 5 hundred thirty-one, as amended, and chapter forty-eight of the laws of 6 New York of nineteen hundred thirty-one, as amended and continued by 7 part XXIX of this article) may be pledged in whole or in part by the 8 port authority as security for or applied by it to the repayment with 9 interest of any moneys which it may raise upon bonds or other securities 10 or obligations issued or incurred from time to time for any of the 11 purposes of this part or secured in whole or in part by the pledge of 12 the revenues of the port authority from any bridge or tunnel or both so 13 issued or incurred and so secured; and the moneys in said general 14 reserve fund may be applied by the port authority to the fulfillment of 15 any other undertakings which it may assume to or for the benefit of the 16 holders of any such bonds, securities or other obligations. 17 3. Subject to prior liens and pledges (and to the obligation of the 18 port authority to apply revenues to the maintenance of its general 19 reserve fund in the amount prescribed by the said statutes authorizing 20 said fund), the revenues of the port authority from facilities estab- 21 lished, constructed, acquired or effectuated through the issuance or 22 sale of bonds of the port authority secured by a pledge of its general 23 reserve fund may be pledged in whole or in part as security for or 24 applied by it to the repayment with interest of any moneys which it may 25 raise upon bonds or other securities or obligations issued or incurred 26 from time to time for any of the purposes of this part or secured in 27 whole or in part by the pledge of the revenues of the port authority 28 from any bridge or tunnel or both so issued or incurred and so secured, 29 and said revenues may be applied by the port authority to the fulfill- 30 ment of any other undertakings which it may assume to or for the benefit 31 of the holders of such bonds, securities or other obligations. 32 In the event that at any time the balance of moneys theretofore paid 33 into the general reserve fund and not applied therefrom shall exceed an 34 amount equal to one-tenth of the par value of all bonds legal for 35 investment, as defined and limited in the said statutes authorizing said 36 fund, issued by the port authority and currently outstanding at such 37 time, by reason of the retirement of bonds or other securities or obli- 38 gations issued or incurred from time to time for any of the purposes of 39 this part or secured in whole or in part by the pledge of the revenues 40 of the port authority from any bridge or tunnel or both so issued or 41 incurred and so secured, the par value of which had theretofore been 42 included in the computation of said one-tenth, then the port authority 43 may pledge or apply such excess for and only for the purposes for which 44 it is authorized by the said statutes authorizing said fund to pledge 45 the moneys in the general reserve fund and such pledge may be made in 46 advance of the time when such excess may occur. 47 § 308. Bonds. 1. The two said states covenant and agree with each 48 other and with the holders of any bonds or other securities or obli- 49 gations of the port authority, issued or incurred for bridge or tunnel 50 purposes and as security for which there may or shall be pledged the 51 tolls and revenues or any part thereof of any vehicular bridge or tunnel 52 (including the said Holland tunnel and the said Midtown Hudson tunnel), 53 that the two said states will not, so long as any of such bonds or other 54 obligations remain outstanding and unpaid, diminish or impair the power 55 of the port authority to establish, levy and collect tolls and other 56 charges in connection therewith; and that the two said states will not,S. 4456 41 1 so long as any of such bonds or other obligations remain outstanding and 2 unpaid, authorize the construction of any vehicular bridges or tunnels 3 over or under interstate waters as herein defined within the said port 4 of New York district, by any person or body other than the port authori- 5 ty, in competition with those whose tolls or other revenues are pledged 6 as aforesaid; provided that nothing herein contained shall be deemed to 7 refer to the bridge authorized by the act of congress of July eleven, 8 eighteen hundred ninety, chapter six hundred and sixty-nine, and acts 9 amendatory thereof and supplemental thereto; and provided further that 10 nothing herein contained shall preclude the authorization of the 11 construction of such competitive tunnels or bridges by other persons or 12 bodies if and when adequate provision shall be made by law for the 13 protection of those advancing money upon such obligations. 14 2. The bonds or other securities or obligations which may be issued or 15 incurred by the port authority pursuant to this part, or as security for 16 which there may be pledged the tolls and other revenues or any part 17 thereof of any vehicular bridge or tunnel (including the said Holland 18 tunnel and the said Midtown Hudson tunnel) now or hereafter authorized 19 by the two said states or both so issued or incurred and so secured, are 20 hereby made securities in which all state and municipal officers and 21 bodies, all banks, bankers, trust companies, savings banks, savings and 22 loan associations, investment companies and other persons carrying on a 23 banking business, all insurance companies, insurance associations and 24 other persons carrying on an insurance business, and all administrators, 25 executors, guardians, trustees and other fiduciaries and all other 26 persons whatsoever who are now or may hereafter be authorized to invest 27 in bonds or other obligations of the state, may properly and legally 28 invest any funds, including capital, belonging to them or within their 29 control; and said bonds or other securities or obligations are hereby 30 made securities which may properly and legally be deposited with and 31 shall be received by any state or municipal officer or agency for any 32 purpose for which the deposit of bonds or other obligations of this 33 state is now or may hereafter be authorized. 34 § 309. Compact. 1. This section and the preceding sections of this 35 part, constitute an agreement between the states of New York and New 36 Jersey supplementary to the compact between the two states dated April 37 thirty, nineteen hundred twenty-one, and amendatory thereof, and shall 38 be liberally construed to effectuate the purposes of said compact and of 39 the comprehensive plan heretofore adopted by the two states, and any 40 powers granted to the port authority by this part shall be deemed to be 41 in aid of and supplementary to and in no case a limitation upon the 42 powers heretofore vested in the port authority by the two said states 43 and/or by congress, except as herein otherwise provided. 44 2. Any declarations contained in this part with respect to the govern- 45 mental nature of bridges and tunnels and to the exemption of bridge and 46 tunnel property from taxation and to the discretion of the port authori- 47 ty with respect to bridge and tunnel operations shall not be construed 48 to imply that other port authority property and operations are not of a 49 governmental nature, or that they are subject to taxation, or that the 50 determinations of the port authority with respect thereto are not 51 conclusive. 52 3. The powers vested in the port authority herein (including but not 53 limited to the powers to acquire real property by condemnation and to 54 make or effectuate additions, improvements, approaches and connections) 55 shall be continuing powers and no exercise thereof shall be deemed to 56 exhaust them or any of them.S. 4456 42 1 4. Nothing herein contained shall be construed to affect, diminish or 2 impair the rights and obligations created by, or to repeal any of the 3 provisions of chapter three hundred and fifty-two of the laws of New 4 Jersey of nineteen hundred twenty and chapter two hundred and sixty-two 5 of the laws of New Jersey of nineteen hundred twenty-four. 6 5. If, however, any loss shall be suffered by or accrue to the said 7 sinking fund, and if, after the making of the payment by the port 8 authority to the state of New Jersey as hereinbefore provided, the 9 moneys in the said sinking fund shall at any time be or become less than 10 an amount equal to the principal amount of the then currently outstand- 11 ing New Jersey Camden bridge-Holland tunnel bonds, or if the income and 12 interest currently received from or currently accruing upon the moneys 13 in the said sinking fund shall be or become insufficient to pay the 14 interest currently accruing upon or currently payable in connection with 15 the aforesaid New Jersey Camden bridge-Holland tunnel bonds, the state 16 of New Jersey represents and agrees that it will make good such deficits 17 out of sources other than revenues from the said Holland tunnel. 18 6. The said payment by the port authority to the state of New Jersey 19 constitutes repayment for all moneys contributed by the said state 20 toward the cost of construction of the said Holland tunnel, including 21 the moneys diverted and appropriated by chapter three hundred and nine- 22 teen of the laws of New Jersey of nineteen hundred twenty-six and chap- 23 ter fifty-eight of the laws of New Jersey of nineteen hundred twenty- 24 seven from the road fund, created by chapter fifteen of the laws of New 25 Jersey of nineteen hundred seventeen. The requirement of chapter fifty- 26 eight of the laws of New Jersey of nineteen hundred twenty-seven that 27 the said moneys diverted and appropriated by the said statutes of the 28 state of New Jersey shall be returned and credited to the said road 29 fund, with interest, shall be and shall be deemed to be satisfied and 30 discharged so far as it relates to the revenues arising from the opera- 31 tion of the said Holland tunnel. 32 7. The provisions of this section shall constitute a covenant and 33 agreement by the state of New York with the state of New Jersey, the 34 port authority and the holders of any bonds or other obligations of the 35 port authority, as security for which the tolls and revenues of said 36 Holland tunnel may be pledged. 37 8. Nothing herein contained shall be construed to impair in any way 38 the obligation of the port authority to repay to the two states any or 39 all advances made by them to the port authority in aid of bridge 40 construction. 41 PART IV 42 APPROVAL OR VETO POWER OF THE GOVERNOR 43 Section 401. Approval or veto power. 44 402. Procurement. 45 403. Effect of veto. 46 404. Exception to reporting requirement. 47 § 401. Approval or veto power. Except as provided by this part, no 48 action taken at any meeting of the port authority by any commissioner 49 appointed from the state of New York shall have force or effect until 50 the governor of the state of New York shall have an opportunity to 51 approve or veto the same under the provisions of article sixteen of the 52 port compact or treaty entered into between the states of New York and 53 New Jersey, dated April thirtieth, nineteen hundred and twenty-one andS. 4456 43 1 continued by subdivision four of section one hundred fifteen of this 2 article. 3 § 402. Procurement. For the purpose of procuring such approval or 4 veto, the secretary or other officer of the port authority in charge of 5 the minutes of the proceedings of that body shall transmit to the gover- 6 nor at the executive chamber in Albany a certified copy of the minutes 7 of every meeting of the port authority as soon after the holding of such 8 meeting as such minutes can be written out. The governor shall, within 9 ten days, Saturdays, Sundays and public holidays excepted, after such 10 minutes shall have been delivered at the executive chamber as aforesaid, 11 cause the same to be returned to the port authority either with his 12 approval or with his veto of any action therein recited as having been 13 taken by any commissioner appointed from the state of New York, 14 provided, however, that if the governor shall not return the said 15 minutes within the said period then at the expiration thereof any action 16 therein recited will have full force and effect according to the wording 17 thereof. 18 § 403. Effect of veto. If the governor within the said period returns 19 the said minutes with a veto against the action of any commissioner from 20 New York as recited therein, then such action of such commissioner shall 21 be null and void. 22 § 404. Exception to reporting requirement. The governor may by order 23 filed with the secretary of the port authority relieve the commissioners 24 from the duty of procuring his approval of their action upon any partic- 25 ular matter or class of matters, and thereupon the secretary or other 26 officer in charge of the minutes of the proceedings of that body shall 27 be relieved from reporting the same to him. 28 PART V 29 MOTOR TRUCK TERMINALS 30 Section 501. Motor truck terminals. 31 502. Acquisition of real property for public use. 32 § 501. Motor truck terminals. The bonds or other obligations which 33 may be issued by the port authority from time to time to provide funds 34 for the establishment, acquisition and rehabilitation of motor truck 35 terminals (by which are meant terminals consisting of one or more plat- 36 forms, sheds, buildings, structures, facilities or improvements neces- 37 sary, convenient or desirable in the opinion of the port authority for 38 the accommodation of motor trucks for the loading or unloading of 39 freight upon or from motor trucks or the receipt, delivery, storage or 40 handling of freight transported or to be transported by motor trucks or 41 the interchange or transfer thereof between carriers) located at such 42 point or points within the port of New York district as the port author- 43 ity may deem to be desirable and in the public interest, or for the 44 acquisition of real or personal property in connection therewith, or for 45 any other purpose in connection with the establishment, acquisition, 46 construction, rehabilitation, maintenance or operation of such truck 47 terminals or any of them, are hereby made securities in which all state 48 and municipal officers and bodies, all banks, bankers, trust companies, 49 savings banks, building and loan associations, savings and loan associ- 50 ations, investment companies and other persons carrying on a banking 51 business, all insurance companies, insurance associations, and other 52 persons carrying on an insurance business, and all administrators, exec- 53 utors, guardians, trustees and other fiduciaries, and all other persons 54 whatsoever, who are now or may hereafter be authorized to invest inS. 4456 44 1 bonds or other obligations of the state, may properly and legally invest 2 any funds, including capital, belonging to them or within their control; 3 and said obligations are hereby made securities which may properly and 4 legally be deposited with and shall be received by any state or munici- 5 pal officer or agency for any purpose for which the deposit of bonds or 6 other obligations of this state is now or may hereafter be authorized. 7 § 502. Acquisition of real property for public use. If, for the 8 purpose of effectuating, acquiring, constructing, rehabilitating or 9 improving any motor truck terminal, the port authority shall find it 10 necessary or convenient to acquire any real property, as herein defined 11 in this state, whether for immediate or future use, the port authority 12 may find and determine that such property, whether a fee simple absolute 13 or a lesser interest, is required for public use, and upon such determi- 14 nation, the said property shall be and shall be deemed to be required 15 for such public use until otherwise determined by the port authority. 16 If the port authority is unable to agree for the acquisition of any 17 such real property for any reason whatsoever, then the port authority 18 may acquire and is hereby authorized to acquire such property, whether a 19 fee simple absolute or a lesser interest, by the exercise of the right 20 of eminent domain under and pursuant to the provisions of the eminent 21 domain procedure law. 22 The power of the port authority to acquire real property hereunder 23 shall be a continuing power, and no exercise thereof shall be deemed to 24 exhaust it. 25 Anything in this part to the contrary notwithstanding, no property now 26 or hereafter vested in or held by the state or any county, city, 27 borough, village, township or other municipality shall be taken by the 28 port authority, without the authority or consent of the state or of such 29 county, city, borough, village, township or other municipality as 30 provided in the compact of April thirty, nineteen hundred twenty-one, 31 between the states of New York and New Jersey and continued by part I of 32 this article, nor shall anything herein impair or invalidate in any way 33 any bonded indebtedness of the state, or such county, city, borough, 34 village, township or other municipality, nor impair the provisions of 35 law regulating the payment into sinking funds of revenue derived from 36 municipal property, or dedicating the revenues derived from municipal 37 property, to a specific purpose. Moreover, no property devoted to 38 public use by any railroad or railway corporation, or public utility 39 corporation, or by any other corporation, shall be taken by the port 40 authority without the authority or consent of such corporation. The 41 port authority is hereby authorized and empowered to acquire from any 42 such county, city, borough, village, township or other municipality, or 43 from any other public agency or commission having jurisdiction in the 44 premises, or from any such corporation, by agreement therewith, and such 45 county, city, borough, village, township, municipality, public agency, 46 commission, or corporation, notwithstanding any contrary provision of 47 law, is hereby authorized and empowered to grant and convey upon reason- 48 able terms and conditions any real property, which may be necessary for 49 the establishment, construction, acquisition, rehabilitation, mainte- 50 nance and operation of such truck terminals, including such real proper- 51 ty as has already been devoted to a public use. 52 The port authority and its duly authorized agents and employees may, 53 in the case of land situate in the state of New York subject to the 54 provisions of the eminent domain procedure law and in any other case as 55 provided by law, enter upon any land in this state for the purpose ofS. 4456 45 1 making such surveys, maps, or other examinations thereof as it may deem 2 necessary or convenient for the purposes of this part. 3 The term "real property" as used in this part is defined to include 4 lands, structures, franchises and interests in land, including lands 5 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 damages to real estate. 12 PART VI 13 PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM 14 Section 601. Payment of a fair and reasonable sum. 15 602. Acceptance of payment. 16 § 601. Payment of a fair and reasonable sum. To the end that counties, 17 cities, boroughs, villages, towns, townships and other municipalities in 18 the port of New York district, may not suffer undue loss of taxes and 19 assessments by reason of the acquisition and ownership of property ther- 20 ein by the port authority, the port authority is hereby authorized and 21 empowered, in its discretion, to enter into a voluntary agreement or 22 agreements with any county, city, borough, village, town, township or 23 other municipality in said port district, whereby it will undertake to 24 pay a fair and reasonable sum or sums annually in connection with any 25 marine or inland terminal property owned by it, not in excess of the sum 26 last paid as taxes upon such property prior to the time of its acquisi- 27 tion by the port authority. Such payment or payments which the port 28 authority is hereby authorized and empowered to make, shall be in such 29 amount or amounts and shall be payable at such time or times and under 30 such terms and conditions as shall be agreed upon by and between the 31 port authority and such county, city, village, borough, town, township 32 or other municipality concerned. 33 § 602. Acceptance of payment. Every county, city, village, borough, 34 town, township or other municipality in the port of New York district 35 aforesaid is hereby authorized and empowered to enter into such agree- 36 ment or agreements with the port authority to accept the payment or 37 payments which the port authority is hereby authorized and empowered to 38 make. The sums so received by any county, city, village, borough, town, 39 township or other municipality shall be devoted to purposes to which 40 taxes may be applied, unless and until otherwise directed by the law of 41 the state in which such municipality is located. 42 PART VII 43 PAYMENT AND ACCEPTANCE OF A FAIR AND 44 REASONABLE SUM FOR A CHANGE IN GRADE 45 Section 701. Change of grade. 46 § 701. Change of grade. To the end that the owners of property in the 47 port of New York district abutting upon streets, avenues or other high- 48 ways, the grade of which will be changed by reason of the construction 49 by the port authority of any public improvement in the port of New York 50 district, may not suffer undue loss and injury by reason of such change 51 of grade, the authority is hereby authorized and empowered, in its 52 discretion, to enter into voluntary agreements with such abutting ownersS. 4456 46 1 of property which is built upon or otherwise improved in conformity with 2 the grade of any street, avenue or other highway established by lawful 3 authority in the port of New York district, whereby it will undertake to 4 pay a fair and reasonable sum to such abutting owners for the damage 5 occasioned by such change of grade to the buildings and improvements on 6 such property. The term "owners" as used in this section shall include 7 all persons having any estate, interest, or easement in such property, 8 or any lien, charge or encumbrance thereon. Such payments which the 9 authority is hereby authorized and empowered to make, shall be in such 10 amounts and shall be payable at such times and under such terms and 11 conditions as shall be agreed upon by and between the authority and such 12 owners concerned. 13 PART VIII 14 THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY 15 Section 801. Procedure. 16 802. Conveyances. 17 § 801. Procedure. Whenever the port authority shall determine to sell 18 any real property which may have been acquired by the port authority by 19 purchase, condemnation or otherwise, pursuant to any of its powers and 20 authorities, but which real property is no longer required for such 21 purposes, the following procedure shall be followed: 22 1. A map shall be made of such real property so determined as no long- 23 er required, which map shall be filed in the office of the port authori- 24 ty. 25 2. There shall be annexed to such map a certificate executed by the 26 chief engineer of the port authority stating that such real property is 27 no longer required for such purposes. 28 3. All or any portion of said real property may be sold at either 29 private or public sale, and all deeds of conveyance therefor shall be by 30 bargain and sale and shall be executed by the chairman, or the vice 31 chairman, or the general manager, or an assistant general manager of the 32 port authority and attested by the secretary thereof. 33 § 802. Conveyances. The validity of all conveyances heretofore made by 34 the port authority is hereby ratified and confirmed. 35 PART IX 36 MONEYS FOR PRELIMINARY STUDIES 37 Section 901. Moneys advanced. 38 902. Delivery of bonds and/or moneys. 39 903. Direct and general obligations of the port authority. 40 904. Securities. 41 905. Initial reimbursement of moneys advanced by the states. 42 906. Further reimbursement of moneys advanced by the states. 43 907. Deposit of bonds or moneys by the comptroller. 44 § 901. Moneys advanced. The states of New York and New Jersey having 45 heretofore advanced sums aggregating one hundred forty-nine thousand, 46 nine hundred eighteen dollars and twenty cents and one hundred fifty 47 thousand dollars, respectively, to the port authority for preliminary 48 studies upon the interstate vehicular bridges now known as the Outer- 49 bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to 50 agreements between the two states that said moneys should be paid back 51 when the construction debt has been amortized, and said two states 52 having advanced further sums aggregating four million dollars each inS. 4456 47 1 aid of the construction of said bridges pursuant to agreements between 2 the two states that said moneys should be paid back out of bridge reven- 3 ues in specified annual installments, if and when earned over prior 4 charges, and the revenues from said bridges having been insufficient to 5 permit any such payments up to the present time but the port authority 6 being in a position to fund its obligations to pay back said appropri- 7 ations, now, therefore, upon the concurrence of the state of New Jersey 8 as provided in section eight hereof, the states of New York and New 9 Jersey hereby agree that the obligations of the port authority to pay 10 back said moneys may be satisfied and discharged by the delivery to the 11 two states of bonds or moneys, or both, in an aggregate principal amount 12 equal to said appropriations, as hereinafter provided. 13 § 902. Delivery of bonds and/or moneys. Bonds, or moneys, or both, in 14 an aggregate principal amount of two million fifty thousand dollars 15 shall be delivered to each state within three months after the date on 16 which chapter three hundred fifty-two of the laws of nineteen hundred 17 forty-six and the concurrent article of the state of New Jersey take 18 effect. Within fifteen months after the date on which chapter three 19 hundred fifty-two of the laws of nineteen hundred forty-six and the 20 concurrent article of the state of New Jersey take effect, an additional 21 two million ninety-nine thousand nine hundred eighteen dollars and twen- 22 ty cents in aggregate principal amount of bonds or moneys, or both, 23 shall be delivered to the state of New York and an additional two 24 million one hundred thousand dollars in aggregate principal amount of 25 bonds, or moneys, or both shall be delivered to the state of New Jersey 26 provided, that if, in the opinion of the commissioners of the port 27 authority, financial conditions are such as to make it desirable to 28 postpone such delivery, then delivery of said additional amounts shall 29 be postponed in whole or in part until such time, not later than five 30 years from the effective date of chapter three hundred fifty-two of the 31 laws of nineteen hundred forty-six, as in the judgment of said commis- 32 sioners financial conditions permit such delivery. 33 The port authority shall determine whether payments made pursuant to 34 this part and the concurrent article of the state of New Jersey shall be 35 made by delivery of bonds or of moneys, or both, and, if both, in what 36 proportions. The moneys may, at the option of the port authority, be 37 paid in cash or by check. Delivery of bonds or moneys to the state of 38 New York shall be made by delivering or tendering delivery thereof to 39 the comptroller of the state of New York at his office at Albany during 40 regular business hours. Delivery of bonds or moneys to the state of New 41 Jersey shall be made by delivering or tendering delivery thereof to the 42 state treasurer at his office at Trenton during regular business hours. 43 § 903. Direct and general obligations of the port authority. The 44 bonds delivered to the two states pursuant to this part and the concur- 45 rent article of the state of New Jersey shall be direct and general 46 obligations of the port authority, and its full faith and credit shall 47 be pledged for the prompt payment of the principal and interest thereof. 48 The payment of the principal and interest thereof shall be secured by 49 the general reserve fund of the port authority, authorized by chapter 50 forty-eight of the laws of New York of nineteen hundred and thirty-one 51 and continued by part XXIX of this article, and chapter five of the laws 52 of New Jersey of nineteen hundred and thirty-one; and said general 53 reserve fund shall be pledged as security for the payment of the princi- 54 pal and interest of said bonds and for the fulfillment of other under- 55 takings assumed by the port authority to or for the benefit of the hold- 56 ers of said bonds. Such pledge, however, shall be subject to the rightS. 4456 48 1 of the port authority to pledge said general reserve fund as security 2 for any other bonds, notes or evidences of indebtedness whatsoever here- 3 after issued by the authority as security for which it may at the time 4 be authorized to pledge the said general reserve fund, and also subject 5 to the right of the port authority to use the moneys in said general 6 reserve fund to meet, pay or otherwise fulfill any of its obligations 7 under or in connection with any bonds, notes or other evidences of 8 indebtedness as security for which said general reserve fund has hereto- 9 fore been or is now pledged or for which said general reserve fund may 10 hereafter be pledged. Moreover, no greater rights in or to said general 11 reserve fund shall be granted to or conferred upon the holders of the 12 bonds delivered to the two states pursuant to this part and the concur- 13 rent article of the state of New Jersey than have been granted to and 14 conferred upon the holders of general and refunding bonds of the port 15 authority issued pursuant to the resolution of the port authority 16 adopted March eighteenth, nineteen hundred and thirty-five, and amended 17 March twenty-fifth, nineteen hundred and thirty-five and September 18 sixteenth, nineteen hundred and forty-three. 19 The bonds delivered to the two states pursuant to chapter three 20 hundred fifty-two of the laws of nineteen hundred forty-six and contin- 21 ued by this part and the concurrent article of the state of New Jersey 22 shall be dated as of a date not more than thirty days subsequent to the 23 date on which delivery is made or tendered, shall mature forty years 24 from their date, and shall bear interest at the rate of one and one-half 25 per centum per annum. Said bonds shall be subject to redemption at the 26 option of the port authority, in whole or in part, on any interest 27 payment date or dates at one hundred percent of their par value, plus 28 accrued interest to the date set for redemption. 29 Except as hereinbefore specifically provided, the port authority 30 shall, by resolution, determine the form, characteristics and all other 31 matters in connection with said bonds, including without limiting the 32 generality hereof, the denominations in which they shall be issued, 33 provisions with respect to the exchange of bonds of one denomination 34 into bonds of another denomination, provisions with respect to the issu- 35 ance of temporary bonds and the exchange thereof for definitive bonds, 36 provisions with respect to the establishment of a sinking fund or sink- 37 ing funds and for the use of the moneys in sinking fund to purchase or 38 redeem bonds prior to their maturity, provisions with respect to the 39 place of payment, provisions with respect to notice of redemption, 40 provisions with respect to the paying agent or the registrar and 41 provisions with respect to the method of signature. 42 § 904. Securities. The bonds delivered by the port authority to 43 either or both states pursuant to this part and the concurrent article 44 of the state of New Jersey, and any bonds, notes or other evidences of 45 indebtedness issued by the authority to provide moneys with which to 46 make payments to either or both states pursuant to this part and the 47 concurrent article of the state of New Jersey, are hereby made securi- 48 ties in which all state and municipal officers and bodies of both 49 states, all banks, bankers, trust companies, savings banks, building and 50 loan associations, savings and loan associations, investment companies 51 and other persons carrying on a banking business, all insurance compa- 52 nies, insurance associations and other persons carrying on an insurance 53 business, and all administrators, executors, guardians, trustees and 54 other fiduciaries, and all other persons whatsoever, who are now or may 55 hereafter be authorized by either state to invest in bonds or other 56 obligations of such state, may properly and legally invest any funds,S. 4456 49 1 including capital, belonging to them or within their control; and said 2 obligations are hereby made securities which may properly and legally be 3 deposited with and shall be received by any state or municipal officer 4 or agency of either state for any purpose for which the deposit of bonds 5 or other obligations of such state is now or may hereafter be author- 6 ized. 7 § 905. Initial reimbursement of moneys advanced by the states. The 8 first two million fifty thousand dollars paid to each state pursuant to 9 this part and the concurrent article of the state of New Jersey shall be 10 deemed to be on account of the moneys advanced by such state for prelim- 11 inary studies upon and in aid of the construction of the Bayonne bridge 12 (formerly known as the Kill von Kull bridge); and from and after the 13 date on which the port authority shall have delivered to each state 14 pursuant to this part and the concurrent article of the state of New 15 Jersey, bonds or moneys or both in the aggregate principal amount of two 16 million fifty thousand dollars, the duty and obligation of the port 17 authority to pay back to the two states the moneys advanced for prelimi- 18 nary studies upon and in aid of the construction of said bridge by chap- 19 ter two hundred seventy-nine of the laws of New York of nineteen hundred 20 and twenty-six, chapter ninety-seven of the laws of New Jersey of nine- 21 teen hundred and twenty-five, chapter three hundred of the laws of New 22 York of nineteen hundred and twenty-seven and chapter three of the laws 23 of New Jersey of nineteen hundred and twenty-seven, together with the 24 claims of the two states and of each of them for such repayment, shall 25 be and shall be deemed to be fully satisfied and discharged, and any 26 lien or claim of the two states or either of them upon the tolls and 27 revenues of the said bridge arising out of, under or because of the 28 aforesaid statutes shall be and shall be deemed to be void and without 29 force or effect. 30 § 906. Further reimbursement of moneys advanced by the states. After 31 the payment of the first two million fifty thousand dollars to each 32 state, the further amounts paid to each state pursuant to this part and 33 the concurrent article of the state of New Jersey shall be deemed to be 34 on account of the moneys advanced by such state for preliminary studies 35 upon and in aid of the construction of the Outerbridge crossing (former- 36 ly known as the Perth Amboy-Tottenville bridge) and the Goethals bridge 37 (formerly known as the Elizabeth-Howland Hook bridge); and from and 38 after the date on which pursuant to this part and the concurrent article 39 of the state of New Jersey the port authority shall have delivered bonds 40 or moneys, or both, to the state of New York in the aggregate principal 41 amount of two million ninety-nine thousand nine hundred eighteen dollars 42 and twenty cents and to the state of New Jersey in the aggregate princi- 43 pal amount of two million one hundred thousand dollars, in each case in 44 addition to the first two million fifty thousand dollars paid to such 45 state under and pursuant to this part and the concurrent article of the 46 state of New Jersey, then the duty and obligation of the port authority 47 to pay back to the two states the moneys advanced for preliminary 48 studies upon and in aid of the construction of said two bridges by chap- 49 ters one hundred eighty-six and two hundred thirty of the laws of New 50 York of nineteen hundred twenty-four, chapters one hundred twenty-five 51 and one hundred forty-nine of the laws of New Jersey of nineteen hundred 52 twenty-four, chapter two hundred ten of the laws of New York of nineteen 53 hundred twenty-five and chapter thirty-seven of the laws of New Jersey 54 of nineteen hundred twenty-five, together with the claims of the two 55 states and of each of them for such repayment, shall be and shall be 56 deemed to be fully satisfied and discharged, and any lien or claim ofS. 4456 50 1 the two states or either of them upon the tolls and revenues of said 2 bridges arising out of, under or because of the aforesaid statutes shall 3 be and shall be deemed to be void and without force or effect. 4 § 907. Deposit of bonds or moneys by the comptroller. All bonds or 5 moneys, or both, delivered by the port authority to the comptroller of 6 the state of New York pursuant to this part shall be deposited by him in 7 the post-war reconstruction fund in the state treasury. 8 PART X 9 MOTOR BUS TERMINAL 10 Section 1001. Establishment. 11 1002. Funding. 12 1003. Maintenance and operation. 13 1004. Powers. 14 1005. Acquisition of real property. 15 § 1001. Establishment. Upon the concurrence of the state of New 16 Jersey, the states of New York and New Jersey hereby agree that the 17 moneys in the general reserve fund of the port authority, authorized by 18 chapter forty-eight of the laws of New York of one thousand nine hundred 19 thirty-one and chapter five of the laws of New Jersey of one thousand 20 nine hundred thirty-one, as amended, may be pledged in whole or in part 21 by the port authority as security for or applied by it to the repayment 22 with interest of any moneys which it may raise upon bonds, notes or 23 other obligations or evidences of indebtedness, issued by it from time 24 to time to provide funds for the establishment, acquisition or rehabili- 25 tation of a motor bus terminal (by which is meant a terminal consisting 26 of one or more buildings, structures, improvements, loading or unloading 27 areas, parking areas or other facilities, necessary, convenient or 28 desirable in the opinion of the port authority for the accommodation of 29 omnibuses and other motor vehicles operated by carriers engaged in the 30 transportation of passengers, or for the loading, unloading, interchange 31 or transfer of such passengers or their baggage, or otherwise for the 32 accommodation, use or convenience of such passengers or such carriers or 33 their employees) or for purposes incidental thereto; and that the 34 moneys in said general reserve fund may be applied by the port authority 35 to the fulfillment of any other undertakings which it may assume to or 36 for the benefit of the holders of any of such bonds; and the two said 37 states further agree that the port authority may acquire by condemnation 38 or the right of eminent domain such real property in each state as it 39 may from time to time deem necessary for or in connection with the 40 establishment, acquisition and rehabilitation of such motor bus termi- 41 nal. 42 § 1002. Funding. The bonds, notes or other obligations or evidences 43 of indebtedness issued by the port authority to provide funds for the 44 establishment, acquisition and rehabilitation of such motor bus terminal 45 are hereby made securities in which all state and municipal officers and 46 bodies of both states, all banks, bankers, trust companies, savings 47 banks, building and loan associations, savings and loan associations, 48 investment companies and other persons carrying on a banking business, 49 all insurance companies, insurance associations and other persons carry- 50 ing on an insurance business, and all administrators, executors, guardi- 51 ans, trustees and other fiduciaries, and all other persons whatsoever, 52 who are now or may hereafter be authorized by either state to invest in 53 bonds or other obligations of such state, may properly and legally 54 invest any funds, including capital, belonging to them or within theirS. 4456 51 1 control; and said obligations are hereby made securities which may prop- 2 erly and legally be deposited with and shall be received by any state or 3 municipal officer or agency of either state for any purpose for which 4 the deposit of bonds or other obligations of such state is now or may 5 hereafter be authorized. 6 § 1003. Maintenance and operation. The establishment, maintenance and 7 operation of such motor bus terminal within the port of New York 8 district is and will be in all respects for the benefit of the people of 9 the states of New York and New Jersey, for the increase of their 10 commerce and prosperity and for the improvement of their health and 11 living conditions; and the port authority shall be regarded as perform- 12 ing an essential governmental function in undertaking the construction, 13 maintenance and operation thereof and in carrying out the provisions of 14 law relating thereto. 15 § 1004. Powers. Any powers granted to the port authority by this part 16 and the concurrent act of the state of New Jersey shall be regarded as 17 in aid of and supplemental to and in no sense as a limitation upon any 18 of the other powers vested in it by the two states or either of them; 19 and the port authority shall be authorized not only to establish, 20 acquire, rehabilitate, maintain, operate and from time to time improve 21 such motor bus terminal, but also to make incidental uses of properties 22 acquired for or in connection with such motor bus terminal. 23 § 1005. Acquisition of real property. If, for the purpose of effectu- 24 ating, acquiring, constructing, rehabilitating or improving such motor 25 bus terminal, the port authority shall find it necessary or convenient 26 to acquire any real property, as herein defined, in this state, whether 27 for immediate or future use, the port authority may find and determine 28 that such property, whether a fee simple absolute or a lesser interest, 29 is required for public use, and upon such determination, the said prop- 30 erty shall be and shall be deemed to be required for such public use 31 until otherwise determined by the port authority; and with the 32 exceptions hereinafter specifically noted, the said determination shall 33 not be affected by the fact that such property has theretofore been 34 taken for, or is then devoted to, a public use; but the public use in 35 the hands or under the control of the port authority shall be deemed 36 superior to the public use in the hands of any other person, association 37 or corporation. 38 If the port authority is unable to agree for the acquisition of any 39 such real property for any reason whatsoever, then the port authority 40 may acquire and is hereby authorized to acquire such property whether a 41 fee simple absolute or a lesser interest, by the exercise of the right 42 of eminent domain under and pursuant to the provisions of the eminent 43 domain procedure law. 44 Anything in this part to the contrary notwithstanding, no property now 45 or hereafter vested in or held by the state or any county, city, 46 borough, village, township or other municipality shall be taken by the 47 port authority, without the authority or consent of the state or of such 48 county, city, borough, village, township, or other municipality as 49 provided in the compact of April thirtieth, nineteen hundred twenty-one 50 and continued by part I of this article, between the states of New York 51 and New Jersey, nor shall anything herein impair or invalidate in any 52 way any bonded indebtedness of the state, or such county, city, borough, 53 village, township or other municipality, nor impair the provisions of 54 law regulating the payment into sinking funds of revenue derived from 55 municipal property, or dedicating the revenues derived from municipal 56 property to a specific purpose. The port authority is hereby authorizedS. 4456 52 1 and empowered to acquire from any such county, city, borough, village, 2 township or other municipality, or from any other public agency or 3 commission having jurisdiction in the premises, by agreement therewith, 4 and such county, city, borough, village, township, municipality, public 5 agency or commission, notwithstanding any contrary provision of law, is 6 hereby authorized and empowered to grant and convey upon reasonable 7 terms and conditions, any real property, which may be necessary for the 8 establishment, construction, acquisition, rehabilitation, operation and 9 maintenance of such motor bus terminal, including such real property as 10 has already been devoted to a public use. 11 The port authority and its duly authorized agents and employees may 12 pursuant to the provisions of the eminent domain procedure law enter 13 upon any land in this state for the purpose of making such surveys, 14 maps, or other examination thereof as it may deem necessary or conven- 15 ient for the purposes of this part. 16 The term "real property" as used in this part is defined to include 17 lands, structures, franchises and interests in land, including lands 18 under water and riparian rights, and any and all things and rights 19 usually included within the said term, and includes not only fees simple 20 absolute but also any and all lesser interests, such as easements, 21 rights of way, uses, leases, licenses and all other incorporeal heredi- 22 taments and every estate, interest or right, legal or equitable, includ- 23 ing terms of years, and liens thereon by way of judgments, mortgages or 24 otherwise, and also claims for damages to real estate. 25 PART XI 26 MARINE TERMINALS 27 Section 1101. Authorization. 28 1102. Restrictions. 29 1103. Definitions. 30 1104. Municipality consent; legal process. 31 1105. Agreement between the states. 32 1106. Acquisition of land by eminent domain or condemnation. 33 1107. Unappropriated lands. 34 1108. Funding; bonds. 35 § 1101. Authorization. Upon the concurrence of the state of New 36 Jersey, the states of New York and New Jersey hereby agree that munici- 37 palities, as hereinafter defined, located within the Port of New York 38 district shall be and they hereby are authorized to cooperate with the 39 Port Authority in the development of marine terminals, and the two said 40 states further agree that the state of New Jersey may authorize the Port 41 Authority to acquire by condemnation or the exercise of the right of 42 eminent domain real property in the state of New Jersey necessary, 43 convenient or desirable for marine terminal purposes, under and pursuant 44 to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the 45 option of the Port Authority, pursuant to such other or alternate proce- 46 dure as may be provided by law by such state, and that the state of New 47 York may authorize the Port Authority to acquire real property in the 48 state of New York necessary, convenient or desirable for marine terminal 49 purposes, under and pursuant to the eminent domain procedure law of that 50 state, or at the option of the Port Authority pursuant to such other or 51 alternate procedure as may be provided by law by such state. 52 § 1102. Restrictions. Nothing herein contained shall be construed to 53 authorize the Port Authority to acquire any marine terminal owned or 54 operated by any municipality or any other property now or hereafterS. 4456 53 1 vested in or held by any municipality, without the authority or consent 2 of such municipality as provided in the compact of April thirtieth, 3 nineteen hundred twenty-one and continued by part I of this article, 4 between the states of New York and New Jersey, nor shall anything herein 5 impair or invalidate in any way any bonded indebtedness of the state, or 6 any municipality, nor impair the provisions of law regulating the 7 payment into sinking funds of revenue derived from municipal property, 8 or dedicating the revenues derived from municipal property to a specific 9 purpose. 10 § 1103. Definitions. The following terms as used herein shall mean: 11 1. "Marine terminals" shall mean developments, consisting of one or 12 more piers, wharves, docks, bulkheads, slips, basins, vehicular road- 13 ways, railroad connections, side tracks, sidings or other buildings, 14 structures, facilities or improvements, necessary or convenient to the 15 accommodation of steamships or other vessels and their cargoes or 16 passengers and shall also mean waterfront development projects. It 17 shall also include such highway projects in the vicinity of a marine 18 terminal providing improved access to such marine terminal as shall be 19 designated in legislation adopted by the two states. Notwithstanding any 20 contrary provision of law, general, special or local, it shall also mean 21 railroad freight projects related or of benefit to a marine terminal or 22 which are necessary, convenient or desirable in the opinion of the port 23 authority for the protection or promotion of the commerce of the port 24 district, consisting of railroad freight transportation facilities or 25 railroad freight terminal facilities; and any equipment, improvement, 26 structure or facility or any land, and any building, structure, facility 27 or other improvement thereon, or any combination thereof, and all real 28 and personal property in connection therewith or incidental thereto, 29 deemed necessary or desirable in the opinion of the port authority, 30 whether or not now in existence or under construction, for the undertak- 31 ing of such railroad freight projects. 32 2. "Marine terminal purposes" shall mean the effectuation, establish- 33 ment, acquisition, construction, rehabilitation, improvement, mainte- 34 nance or operation of marine terminals. 35 3. "Municipality" shall mean a county, city, borough, village, town- 36 ship, town, public agency, public authority or political subdivision. 37 4. "Real property" shall mean lands, structures, franchises and inter- 38 ests in land, including waters, lands under water and riparian rights, 39 and any and all things and rights usually included within the said term, 40 and includes not only fees simple absolute but also any and all lesser 41 interests, including but not limited to easements, rights-of-way, uses, 42 leases, licenses and all other incorporeal hereditaments and every 43 estate, interest or right, legal or equitable, including terms for years 44 and liens thereon by way or judgments, mortgages or otherwise. 45 5. "Waterfront development projects" shall mean projects for the revi- 46 talization and economic development of waterfront property which is (a) 47 not in use for the handling of water-borne cargoes, or (b) directly or 48 indirectly related to the water-borne movement of passengers and their 49 vehicles. Such projects shall include but not be limited to hotels, 50 marinas, commercial offices, including the installation of a fiber optic 51 cable within its boundaries, or facilities which serve conference, 52 convention, recreation or entertainment purposes or are retail service 53 establishments, parking, technical, satellite antenna, similar communi- 54 cation or other facilities related to any of the foregoing and associ- 55 ated improvements necessary to provide public access to such waterfront 56 development projects. Notwithstanding the above, a waterfront develop-S. 4456 54 1 ment project authorized by this part shall not contain any technical, 2 satellite antenna or similar telecommunications facility unless such 3 facility is directly used by, and for the sole benefit of, end users 4 located on the site of the project. Furthermore, no port authority money 5 shall be used directly or indirectly in the financing or construction of 6 said telecommunications facility. 7 § 1104. Municipality consent; legal process. 1. Notwithstanding any 8 contrary provision of law, any municipality located within the Port of 9 New York district is authorized and empowered to consent to the use by 10 the Port Authority of any marine terminal owned by such municipality or 11 of any real or personal property owned by such municipality and neces- 12 sary, convenient or desirable in the opinion of the Port Authority for 13 marine terminal purposes, including such real property as has already 14 been devoted to a public use, and as an incident to such consent, to 15 grant, convey, lease or otherwise transfer to the Port Authority any 16 such marine terminal or real or personal property, upon such terms as 17 may be determined by the Port Authority and such municipality. Every 18 such municipality is also authorized and empowered to vest in the Port 19 Authority the control, operation, maintenance, rents, tolls, charges and 20 any and all other revenues of any marine terminal now owned by such 21 municipality, the title to such marine terminal remaining in such muni- 22 cipality. Such consent shall be given, and the execution of any agree- 23 ment, deed, lease, conveyance or other instrument evidencing such 24 consent or given as an incident thereto shall be authorized in the 25 manner provided in article twenty-two of the compact of April thirtieth, 26 nineteen hundred twenty-one between the two states creating the Port 27 Authority and continued by subdivision two of section one hundred three 28 of this article. 29 2. The states of New York and New Jersey hereby consent to suits, 30 actions or proceedings of any form or nature in law, equity or otherwise 31 by any municipality against the Port Authority upon, in connection with 32 or arising out of any such agreement, agreements or any modification 33 thereof or supplement thereto, for the following types of relief and for 34 such purposes only: 35 (a) for money damages for breach thereof; 36 (b) for money damages for torts arising out of the operation of the 37 municipal marine terminal; 38 (c) for rent; 39 (d) for specific performance; 40 (e) for reformation thereof; 41 (f) for an accounting; 42 (g) For declaratory judgment; 43 (h) for judgments, orders or decrees restraining or enjoining the Port 44 Authority from transferring title to real property to third persons in 45 cases where it has contracted with such municipality to transfer such 46 title to such municipality; and 47 (i) for judgments, orders or decrees restraining or enjoining the Port 48 Authority from committing or continuing to commit other breaches of such 49 agreements with such municipality, provided that such judgment, order or 50 decree shall not be entered except upon two days' prior written notice 51 to the Port Authority of the proposed entry thereof and provided 52 further, that upon an appeal taken by the Port Authority from such judg- 53 ment, order or decree the service of the notice of appeal shall perfect 54 the appeal and shall stay the execution of such judgment, order or 55 decree appealed from, without an undertaking or other security.S. 4456 55 1 3. When rules of venue are applicable, the venue of any such suit, 2 action or proceeding shall be laid in the county or judicial district in 3 which the marine terminal, which is the subject matter of such agreement 4 between the Port Authority and such municipality, or any part thereof, 5 is located. 6 4. If any clause, sentence, paragraph, or part of this subdivision or 7 the application thereof to any person or circumstances, shall, for any 8 reason, be adjudged by a court of competent jurisdiction to be invalid, 9 such judgment shall not affect, impair, or invalidate the remainder of 10 this subdivision, and the application thereof to any other person or 11 circumstances, but shall be confined in its operation to the clause, 12 sentence, paragraph or part thereof directly involved in the controversy 13 in which such judgment shall have been rendered and to the person or 14 circumstances involved. 15 § 1105. Agreement between the states. This section and the preceding 16 sections hereof constitute an agreement between the states of New York 17 and New Jersey supplementary to the compact between the two states dated 18 April thirtieth, nineteen hundred twenty-one, and amendatory thereof and 19 continued by part I of this article and shall be liberally construed to 20 effectuate the purposes of said compact and of the comprehensive plan 21 heretofore adopted by the two states pursuant thereto, and the powers 22 vested in the Port Authority hereby shall be construed to be in aid of 23 and supplemental to and not in limitation or derogation of any of the 24 powers heretofore conferred upon or delegated to the Port Authority. 25 § 1106. Acquisition of land by eminent domain or condemnation. 26 Subject to the limitation provided for in section eleven hundred two of 27 this part that the Port Authority may not acquire any marine terminal 28 owned or operated by any municipality or any other property vested in or 29 held by any municipality without the authority or consent of such muni- 30 cipality, the Port Authority may, at its option, exercise the right of 31 eminent domain or condemnation to acquire real property in the state of 32 New York for marine terminal purposes as set forth in this section: 33 1. If for any of the purposes of this part (including temporary 34 construction purposes, and the making of additions, extensions, or 35 improvements to marine terminals already constructed) the Port Authority 36 shall find it necessary, convenient or desirable to acquire any real 37 property as herein defined, whether for immediate or future use, the 38 Port Authority may find and determine that such property, whether a fee 39 simple absolute or a lesser interest, is required for a public use, and 40 upon such determination, the said real property shall be and shall be 41 deemed to be required for such public use until otherwise determined by 42 the Port Authority; and, subject to the limitation hereinbefore specif- 43 ically noted, the said determination shall not be affected by the fact 44 that such property has theretofore been taken for, or is then devoted 45 to, a public use; but the public use in the hands or under the control 46 of the Port Authority shall be deemed superior to the public use in the 47 hands of any other person, association or corporation, provided, howev- 48 er, that nothing herein contained shall be construed to permit the 49 taking by exercise of the right of eminent domain by the Port Authority 50 of any property owned by any railroad or railway corporation and devoted 51 to use by such corporation in its operations, or acquired prior to the 52 effective date of this part and held for such use, without the authority 53 or consent of such corporation. 54 The Port Authority may acquire and is hereby authorized to acquire 55 such property, whether a fee simple absolute or a lesser interest, byS. 4456 56 1 the exercise of the right of eminent domain under and pursuant to the 2 provisions of the eminent domain procedure law of the state of New York. 3 2. Unless and until the state of New York otherwise provides by law, 4 the Port Authority shall not have the power to acquire real property in 5 the state of New York for marine terminal purposes by condemnation or 6 the right of eminent domain except for real property within the two 7 tracts in the borough of Brooklyn, county of Kings, city and state of 8 New York, hereinafter bounded and described, necessary, convenient or 9 desirable, in the opinion of the Port Authority, for the purpose of 10 making additions, extensions or improvements to the Port Authority 11 marine terminal known as the Brooklyn-Port Authority piers: 12 (a) TRACT I 13 BEGINNING at a point formed by the intersection of the centerline of 14 Fulton Street and the centerline of Furman Street running thence (1) 15 southwesterly along the centerline of Furman Street to the northeasterly 16 side of Joralemon Street; thence (2) northwesterly along the northeast- 17 erly side of Joralemon Street three hundred twenty five and twenty-five 18 one hundredths feet more or less, to the point of intersection of said 19 northeasterly side of Joralemon Street with the southeasterly boundary 20 of the land granted by the people of the state of New York to New York 21 Dock Company by grant dated April 1, 1902 and recorded in the office of 22 the Regster of Kings county on April 19, 1902 in liber 16, section 1 of 23 conveyances, page 52; thence (3) southwesterly along said southeasterly 24 boundary of the grant to New York Dock Company thirty feet to the point 25 of intersection of said southeasterly boundary of the grant to New York 26 Dock Company with the northeasterly boundary of the grant made by the 27 people of the state of New York to John Schenck and others dated August 28 2, 1851 and recorded in the office of the Register of Kings county in 29 liber 532 of conveyances at page 310; thence (4) northwesterly along the 30 northeasterly boundary line of said grant to Schenck and others, forty- 31 three and eighty-nine one-hundredths feet to the point of intersection 32 of said course number (4) with a line drawn parallel with and distant 33 one and eighty-five one-hundredths feet northwesterly from the northwes- 34 terly boundary (or a northeasterly projection of said boundary) of lands 35 conveyed by New York Dock Company to New York Dock Trade Facilities 36 Corporation by deed dated August 1, 1928 and recorded in the office of 37 the Register of Kings county in liber 4957 of conveyances at page 239; 38 thence (5) southwesterly along said line above-mentioned parallel with 39 the northwesterly boundary (or a northeasterly projection of said bound- 40 ary) of said lands conveyed to New York Dock Trade Facilities Corpo- 41 ration, thirty-three and seventy one-hundredths feet to the point of 42 intersection of said course number (5) with the southwesterly face of 43 the column standing at the northwesterly corner of the building known as 44 the Trade Facilities Building; thence (6) southeasterly at right angles 45 to said course no. (5) along the southwesterly face of the above-men- 46 tioned column, one and eighty-five one-hundredths feet to the point of 47 intersection of said course number (6) with the northwesterly boundary 48 of the above-mentioned lands conveyed by New York Dock Company to New 49 York Dock Trade Facilities Corporation; thence (7) southwesterly along 50 said northwesterly boundary of lands conveyed to New York Dock Trade 51 Facilities Corporation, three hundred sixty-nine and seventy one-hun- 52 dredths feet, to the point of intersection of said course number (7) 53 with the southwesterly boundary of lands granted by the people of the 54 state of New York to Harriet D. Talmage by grant dated August 2, 1851 55 and recorded in the office of the Register of Kings county in liber 4937 56 of conveyances at page 185; thence (8) northwesterly along said south-S. 4456 57 1 westerly boundary of the land of Harriet D. Talmage and along the south- 2 westerly boundary of grant made by the people of the state of New York 3 to Franklin Woodruff by deed dated November 22, 1881 and recorded in the 4 office of the Register of Kings county in liber 1445 of conveyances at 5 page 247; and along the southwesterly boundary line of lands granted by 6 the people of the state of New York to New York Dock Company by grant 7 dated April 1, 1902 and recorded in the office of the Register of Kings 8 county in liber 16, section 1 of conveyances, page 52, for a total 9 distance of seven hundred sixty-six and seventeen one-hundredths feet, 10 more or less, as measured along said southwesterly boundary lines of the 11 aforesaid grants to the point of intersection of said southwesterly 12 boundary line of lands granted to New York Dock Company by grants dated 13 April 1, 1902 and November 14, 1907 with the exterior pierhead line 14 established by the New York Harbor Line Board on November 4, 1897 and 15 confirmed by chapter 776 of the laws of 1900; thence (9) northeasterly 16 along said exterior pierhead line to the intersection thereof with the 17 centerline of Fulton Street projected westerly; thence (10) southeaster- 18 ly along the centerline of Fulton Street as projected to the inter- 19 section thereof with the centerline of Furman Street at the point or 20 place of beginning. 21 (b) TRACT II 22 BEGINNING at a point formed by the intersection of the southerly line 23 of Atlantic Avenue and the centerline of Columbia Street running thence 24 (1) southwesterly along the centerline of Columbia Street to the inter- 25 section thereof with the centerline of Kane Street; thence (2) 26 northwesterly along the centerline of Kane Street to the intersection 27 thereof with the centerline of Van Brunt Street; thence (3) southwes- 28 terly along the centerline of Van Brunt Street to the intersection ther- 29 eof with the centerline of Summit Street; thence (4) northwesterly 30 along the centerline of Summit Street to the intersection thereof with 31 the centerline of Imlay Street; thence (5) southwesterly along the 32 centerline of Imlay Street to a point where said centerline of Imlay 33 Street intersects the centerline of Bowne Street (sixty feet wide) 34 projected northwesterly across Imlay Street and the line of lands 35 conveyed by New York Dock Company to Imlay Corporation by deed dated 36 July 28, 1950; thence (6) northwesterly along said centerline of Bowne 37 Street projected northwesterly from the centerline of Imlay Street a 38 distance of one hundred thirty-three feet seven inches more or less; 39 thence (7) southwesterly parallel with the northwesterly side of Imlay 40 Street five hundred twenty feet to a point in a line which is the center 41 line of Commerce Street projected northwesterly from the northwesterly 42 side of Imlay Street; thence (8) northwesterly along said line which is 43 the center line of Commerce Street projected northwesterly from the 44 northwesterly side of Imlay Street twenty-three feet six inches; thence 45 (9) southwesterly parallel with the northwesterly side of Imlay Street 46 four hundred fifty-seven feet eight inches; thence (10) northwesterly 47 parallel with the northeasterly side of Verona Street projected 48 northwesterly across Imlay Street four feet eight inches; thence (11) 49 southwesterly parallel with the northwesterly side of Imlay Street nine- 50 ty-two feet four inches to the intersection of said course number (11) 51 with the southwesterly side of Verona Street projected northwesterly 52 across Imlay Street; thence (12) northwesterly along the southwesterly 53 side of Verona Street projected northwesterly from the northwesterly 54 side of Imlay Street forty-three feet three inches to the southeasterly 55 boundary of Commercial Wharf; thence (13) southwesterly along the 56 southeasterly boundary of Commercial Wharf four hundred ninety feet toS. 4456 58 1 the centerline of Pioneer Street (sixty feet wide); thence (14) 2 northwesterly along the centerline of Pioneer Street ten feet to the 3 centerline of Conover Street as extended; thence (15) southwesterly 4 along the centerline of Conover Street two hundred sixty feet more or 5 less to the intersection thereof with the centerline of King Street; 6 thence (16) northwesterly along the centerline of King Street five 7 hundred sixty feet more or less to the intersection thereof with the 8 centerline of Ferris Street; thence (17) southwesterly along the 9 centerline of Ferris Street one hundred forty-four feet more or less; 10 thence (18) northwesterly and parallel with the centerline of Sullivan 11 Street four hundred twenty-six feet; thence (19) northeasterly parallel 12 with the northwesterly side of Ferris Street three hundred thirty-one 13 feet three and one half inches; thence (20) northwesterly along a line 14 forming an exterior angle of ninety-nine degrees fifty-four minutes and 15 forty-one seconds with course number (19) hereof, two hundred thirty- 16 eight feet two inches to the United States pierhead line thence (21) 17 northeasterly along the United States pierhead line to the point of 18 intersection of said pierhead line with a line drawn in continuation of 19 the southerly side of Atlantic Avenue; thence (22) southeasterly along 20 said line drawn in continuation of the southerly side of Atlantic Avenue 21 and along the said southerly side of Atlantic Avenue, one thousand three 22 hundred seventy-five and sixty-seven one-hundredths feet, more or less 23 to the point or place of beginning. 24 3. The foregoing limitations shall not be construed to limit, affect 25 or impair the power of the Port Authority to acquire real property at 26 any time or place for marine terminal purposes by negotiation or in any 27 manner other than by condemnation or the exercise of the right of 28 eminent domain. 29 § 1107. Unappropriated lands. In the event that the Port Authority 30 shall find it necessary or desirable to acquire any unappropriated state 31 land or lands under water in the state of New York for marine terminal 32 purposes, the commissioner of general services may grant, transfer or 33 convey such unappropriated state land or lands under water to the Port 34 Authority under such terms and conditions as may be determined by said 35 commissioner. 36 § 1108. Funding; bonds. The obligations issued by the port authority 37 to provide funds for any marine terminal purpose are hereby made securi- 38 ties in which all state and municipal officers and bodies of both 39 states, all trust companies and banks other than savings banks, all 40 building and loan associations, savings and loan associations, invest- 41 ment companies and other persons carrying on a commercial banking busi- 42 ness, all insurance companies, insurance associations and other persons 43 carrying on an insurance business, and all administrators, executors, 44 guardians, trustees and other fiduciaries, and all other persons and 45 legal entities whatsoever (other than savings banks), who are now or may 46 hereafter be authorized by either state to invest in bonds of such 47 state, may properly and legally invest any funds, including capital, 48 belonging to them or within their control, and said obligations are 49 hereby made securities which may properly and legally be deposited with 50 and shall be received by any state or municipal officer or agency of 51 either state for any purpose for which the deposit of bonds of such 52 state is now or may hereafter be authorized. The obligations issued by 53 the port authority to provide funds for any marine terminal purpose as 54 security for which the general reserve fund of the port authority 55 authorized by chapter forty-eight of the laws of New York of nineteen 56 hundred thirty-one as amended and continued by part XXIX of this arti-S. 4456 59 1 cle, shall have been pledged in whole or in part are hereby made securi- 2 ties in which all savings banks also may properly and legally invest any 3 funds, including capital, belonging to them or within their control. 4 PART XII 5 AIR TERMINALS 6 Section 1201. Authorization. 7 1202. Restrictions. 8 1203. Definitions. 9 1204. Purpose. 10 1205. Operation of air terminals; noise prohibition. 11 1206. Taxes; assessments. 12 1207. General reserve fund; repayment. 13 1208. Bonds. 14 1209. Municipality consent. 15 1210. Acquisition limitations. 16 1211. Federal aid. 17 1212. Lands under water. 18 1213. Repayment of bonds and obligations. 19 1214. Contrary declarations. 20 1215. Agreement between the states. 21 1216. Federal aid procedure; application. 22 § 1201. Authorization. Upon the concurrence of the state of New 23 Jersey, the states of New York and New Jersey declare and agree that 24 each air terminal within the Port of New York District serves the entire 25 district, and that the problem of furnishing proper and adequate air 26 terminal facilities within the district is a regional and interstate 27 problem, and that it is and shall be the policy of the two states to 28 encourage the integration of such air terminals so far as practicable in 29 a unified system. 30 Accordingly, in furtherance of said policy and in partial effectuation 31 of the comprehensive plan, heretofore adopted by the two states for the 32 development of terminal and transportation facilities in the Port of New 33 York District, the states of New York and New Jersey agree that the port 34 authority shall be authorized to effectuate, establish, acquire, 35 construct, rehabilitate, improve, maintain and operate air terminals, as 36 hereinafter defined, within the Port of New York District, and the two 37 said states further agree that all cities and other state and local 38 agencies shall be and they hereby are authorized to cooperate with the 39 port authority in the development of air terminals, as hereinafter 40 provided. 41 § 1202. Restrictions. Nothing herein contained shall be construed to 42 authorize the port authority to acquire any air terminal owned or oper- 43 ated by any city or other municipality or public authority, or any other 44 property now or hereafter vested in or held by any city or other munici- 45 pality or public authority, without the authority or consent of such 46 city or other municipality or public authority, as provided in the 47 compact of April thirtieth, nineteen hundred twenty-one, and continued 48 by part I of this article, between the states of New York and New 49 Jersey, nor shall anything herein impair or invalidate in any way any 50 bonded indebtedness of the state, or any city or other municipality or 51 public authority, nor impair the provisions of law regulating the 52 payment into sinking funds of revenue derived from municipal property, 53 or dedicating the revenues derived from municipal property to a specific 54 purpose.S. 4456 60 1 § 1203. Definitions. The following terms as used herein shall mean: 2 1. "Air terminals" shall mean developments consisting of runways, 3 hangars, control towers, ramps, wharves, bulkheads, buildings, struc- 4 tures, parking areas, improvements, facilities or other real property 5 necessary, convenient or desirable for the landing, taking off, accommo- 6 dation and servicing of aircraft of all types, including but not limited 7 to airplanes, airships, dirigibles, helicopters, gliders, amphibians, 8 seaplanes, or any other contrivance now or hereafter used for the navi- 9 gation of or flight in air or space, operated by carriers engaged in the 10 transportation of passengers or cargo, or for the loading, unloading, 11 interchange or transfer of such passengers or their baggage, or such 12 cargo, or otherwise for the accommodation, use or convenience of such 13 passengers, or such carriers or their employees (facilities and accommo- 14 dations at sites removed from landing fields and other landing areas, 15 however, except as otherwise provided in this section, to be limited to 16 ticket stations and passenger stations for air passengers, to express 17 and freight stations for air express and air freight, and to beacons and 18 other aids to air navigation), or for the landing, taking off, accommo- 19 dation and servicing of aircraft owned or operated by persons other than 20 carriers. It shall also mean facilities providing access to an air 21 terminal, consisting of rail, rapid transit or other forms of mass 22 transportation which furnish a connection between the air terminal and 23 other points in the port district, including appropriate mass transpor- 24 tation terminal facilities at and within the air terminal itself and 25 suitable offsite facilities for the accommodation of air passengers, 26 baggage, mail, express, freight and other users of the connecting facil- 27 ity. It shall also mean such highway project or projects in the vicini- 28 ty of an air terminal providing improved access to such air terminal as 29 shall be designated in legislation adopted by the two states. Notwith- 30 standing any contrary provision of law, general, special or local, it 31 shall also mean railroad freight projects related or of benefit to an 32 air terminal or which are necessary, convenient or desirable in the 33 opinion of the port authority for the protection or promotion of the 34 commerce of the port district, consisting of railroad freight transpor- 35 tation facilities or railroad freight terminal facilities; and any 36 equipment, improvement, structure or facility or any land, and any 37 building, structure, facility or other improvement thereon, or any 38 combination thereof, and all real and personal property in connection 39 therewith or incidental thereto, deemed necessary or desirable in the 40 opinion of the port authority, whether or not now in existence or under 41 construction, for the undertaking of such railroad freight projects. 42 2. "Air terminal bonds" shall mean bonds issued by the port authority 43 for air terminal purposes. 44 3. "Air terminal purposes" shall mean the effectuation, establishment, 45 acquisition, construction, rehabilitation, improvement, maintenance or 46 operation of air terminals owned, leased or operated by the port author- 47 ity of New York and New Jersey (including airports operated under revo- 48 cable permits) or operated by others pursuant to agreements with the 49 port authority. 50 4. "Bonds" shall mean bonds, notes, securities or other obligations or 51 evidences of indebtedness. 52 5. "General reserve fund" shall mean the general reserve fund of the 53 port authority authorized by chapter forty-eight of the laws of New York 54 of nineteen hundred thirty-one as amended and continued by part XXIX of 55 this article, and chapter five of the laws of New Jersey of nineteen 56 hundred thirty-one, as amended.S. 4456 61 1 6. "General reserve fund statutes" shall mean chapter forty-eight of 2 the laws of New York of nineteen hundred thirty-one as amended and 3 continued by part XXIX of this article, and chapter five of the laws of 4 New Jersey of nineteen hundred thirty-one, as amended. 5 7. "Municipality" shall mean a county, city, borough, village, town- 6 ship, town, public agency, public authority or political subdivision. 7 8. "Real property" shall mean lands, structures, franchises and inter- 8 ests in land, including air space and air rights, waters, lands under 9 water and riparian rights, and any and all things and rights included 10 within the said term, and includes not only fees simple absolute but 11 also any and all lesser interests, including but not limited to ease- 12 ments, rights of way, uses, leases, licenses and all other incorporeal 13 hereditaments and every estate, interest or right, legal or equitable, 14 including terms for years and liens thereon by way of judgments, mort- 15 gages or otherwise. 16 § 1204. Purpose. The effectuation, establishment, acquisition, 17 construction, rehabilitation, improvement, maintenance and operation of 18 air terminals by the port authority is and will be in all respects for 19 the benefit of the people of the states of New York and New Jersey, for 20 the increase of their commerce and prosperity, and for the improvement 21 of their health and living conditions; and the port authority shall be 22 regarded as performing an essential governmental function in undertaking 23 the effectuation, establishment, acquisition, construction, rehabili- 24 tation, improvement, maintenance or operation thereof, and in carrying 25 out the provisions of law relating thereto. 26 § 1205. Operation of air terminals; noise prohibition. 1. The port 27 authority shall not permit or contract for the landing or takeoff of any 28 aircraft which emits a noise in excess of 108 EPNdB as measured as set 29 forth herein at any airport it maintains or operates; provided, however, 30 in any case of emergency involving the possible saving of human life, 31 the prohibition of this subdivision may be temporarily suspended. 32 2. Measurement. For purposes of this section, aircraft noise is to be 33 measured at the following points: 34 (a) For takeoff, at a point 3.5 nautical miles from the start of the 35 takeoff roll on the extended centerline of the runway; 36 (b) For approach, at a point one nautical mile from the threshold on 37 the extended centerline of the runway; and 38 (c) For the sideline, at the point, on a line parallel to and 0.25 39 nautical miles from the extended centerline of the runway, where the 40 noise level after liftoff is greatest, except that, for airplanes 41 powered by more than three turbojet engines, this distance must be 0.35 42 nautical miles. 43 3. Exceptions. Notwithstanding the requirements of subdivisions one 44 and two of this section the port authority in its discretion may, up to 45 a maximum noise level not exceeding 112 PNdB on takeoff, as measured by 46 the port authority in the manner used by the port authority to make such 47 measurements on the effective date of this section, grant an exception 48 thereto to any classification of aircraft built prior to the effective 49 date of this part and which has heretofore used the airport facilities 50 of the port authority, even though said aircraft does not comply with 51 subdivisions one and two of this section, upon a showing that (a) the 52 aircraft is capable of being equipped with retrofit equipment to reduce 53 the noise thereof to comply with the foregoing requirements of the 54 airport operator, and, in addition, (b) that such modification by way of 55 retrofit to reduce its noise shall be accomplished upon such terms and 56 conditions to assure compliance as the port authority, as airport opera-S. 4456 62 1 tor, may require, within five years of the date of application for an 2 exception hereunder but in no event later than June first, nineteen 3 hundred eighty-one. 4 § 1206. Taxes; assessments. The port authority shall be required to 5 pay no taxes or assessments upon any of the property acquired or used by 6 it for air terminal purposes; but this shall not be construed to 7 prevent the port authority and municipalities from entering into agree- 8 ments for the payment of fair and reasonable sums by the port authority 9 annually in accordance with legislation heretofore adopted by the two 10 states, to the end that such municipalities may not suffer undue loss of 11 taxes and assessments by reason of the acquisition and ownership of 12 property by the port authority for air terminal purposes. 13 § 1207. General reserve fund; repayment. The moneys in the general 14 reserve fund of the port authority may be pledged in whole or in part by 15 the port authority as security for or applied by it to the repayment 16 with interest of any moneys which it may raise upon bonds issued by it 17 from time to time to provide funds for air terminal purposes; and the 18 moneys in said general reserve fund may be applied by the port authority 19 to the fulfillment of any other undertakings which it may assume to or 20 for the benefit of the holders of any such bonds. 21 Subject to prior liens and pledges, (and to the obligation of the port 22 authority to apply revenues to the maintenance of its general reserve 23 fund in the amount prescribed by the general reserve fund statutes), the 24 revenues of the port authority from facilities established, constructed, 25 acquired or effectuated through the issuance or sale of bonds of the 26 port authority secured by a pledge of its general reserve fund may be 27 pledged in whole or in part as security for or applied by it to the 28 repayment with interest of any moneys which it may raise upon bonds 29 issued by it to provide funds for air terminal purposes, and said reven- 30 ues may be applied by the port authority to the fulfillment of any other 31 undertakings which it may assume to or for the benefit of the holders of 32 such bonds. 33 § 1208. Bonds. The bonds issued by the port authority to provide funds 34 for air terminal purposes are hereby made securities in which all state 35 and municipal officers and bodies of both states, all banks, bankers, 36 trust companies, savings banks, building and loan associations, savings 37 and loan associations, investment companies and other persons carrying 38 on a banking business, all insurance companies, insurance associations 39 and other persons carrying on an insurance business, and all administra- 40 tors, executors, guardians, trustees and other fiduciaries, and all 41 other persons whatsoever, who are now or may hereafter be authorized by 42 either state to invest in bonds or other obligations of such state, may 43 properly and legally invest any funds, including capital, belonging to 44 them or within their control; and said bonds are hereby made securities 45 which may properly and legally be deposited with and shall be received 46 by any state or municipal officer or agency of either state for any 47 purpose for which the deposit of bonds or other obligations of such 48 state is now or may hereafter be authorized. 49 § 1209. Municipality consent. 1. Notwithstanding any contrary 50 provision of law, every municipality in the Port of New York District is 51 authorized and empowered to consent to the use by the port authority of 52 any air terminal owned by such municipality or of any real or personal 53 property owned by such municipality and necessary, convenient or desira- 54 ble in the opinion of the port authority for air terminal purposes, 55 including such real property as has already been devoted to a public 56 use, and as an incident to such consent, to grant, convey, lease, orS. 4456 63 1 otherwise transfer to the port authority any such air terminal or real 2 or personal property, upon such terms as may be determined by the port 3 authority and such municipality. Every such municipality is also 4 authorized and empowered as an incident to such consent to vest in the 5 port authority the control, operation, maintenance, rents, tolls, charg- 6 es and any and all other revenues of any air terminal now owned by such 7 municipality, the title to such air terminal remaining in such munici- 8 pality. Such consent shall be given and the execution of any agreement, 9 deed, lease, conveyance, or other instrument evidencing such consent or 10 given as an incident thereto shall be authorized in the manner provided 11 in article twenty-two of the compact of April thirtieth, nineteen 12 hundred twenty-one, and continued by part I of this article, between the 13 two states creating the port authority. 14 2. Notwithstanding any contrary provision of law, every municipality 15 outside the port district is authorized and empowered to consent to the 16 use of real property owned by such municipality and necessary, conven- 17 ient or desirable in the opinion of the port authority for beacons or 18 other aids to navigation, or to the use of any air space over real prop- 19 erty owned by such municipality; and as an incident to such consent, to 20 grant, lease, convey or otherwise transfer to the port authority such 21 real property or air space. 22 Such consent shall be given and the execution of any agreement, deed, 23 lease, conveyance or other instrument evidencing such consent or given 24 as an incident thereto, shall be given by the officer, board or body 25 authorized by law to convey such property, or if no officer, board or 26 body be otherwise authorized so to do, by the governing body of such 27 municipality. 28 3. The states of New York and New Jersey hereby consent to suits, 29 actions or proceedings of any form or nature in law, equity or otherwise 30 by any city or other municipality against the port authority upon, in 31 connection with or arising out of any such agreement, agreements, or any 32 modification thereof or supplement thereto, for the following types of 33 relief and for such purposes only: 34 (a) For money damages for breach thereof, 35 (b) For money damages for torts arising out of the operation of the 36 municipal air terminal, 37 (c) For rent, 38 (d) For specific performance, 39 (e) For reformation thereof, 40 (f) For accounting, 41 (g) For declaratory judgment, 42 (h) For judgments, orders or decrees restraining or enjoining the port 43 authority from transferring title to real property to third persons in 44 cases where it has contracted with such city or other municipality to 45 transfer such title to such city or municipality, and 46 (i) For judgments, orders or decrees restraining or enjoining the port 47 authority from committing or continuing to commit other breaches of such 48 agreements with such municipality, provided that such judgment, order or 49 decree shall not be entered except upon two days' prior written notice 50 to the port authority of the proposed entry thereof and provided 51 further, that upon an appeal taken by the port authority from such judg- 52 ment, order or decree the service of the notice of appeal shall perfect 53 the appeal and shall stay the execution of such judgment, order or 54 decree appealed from, without an undertaking or other security. 55 4. When rules of venue are applicable, the venue of any such suit, 56 action or proceeding shall be laid in the county or judicial district inS. 4456 64 1 which the air terminal, which is the subject matter of such agreement 2 between the port authority and the city or other municipality, or any 3 part thereof, is located. 4 5. If any clause, sentence, paragraph, or part of this subdivision, or 5 the application thereof to any person or circumstances, shall, for any 6 reason, be adjudged by a court of competent jurisdiction to be invalid, 7 such judgment shall not affect, impair, or invalidate the remainder of 8 this subdivision, and the application thereof to any other person or 9 circumstances, but shall be confined in its operation to the clause, 10 sentence, paragraph, or part thereof directly involved in the controver- 11 sy in which such judgment shall have been rendered and to the person or 12 circumstances involved. 13 § 1210. Acquisition limitations. The powers hereinafter granted to 14 the port authority to acquire real property by condemnation or the right 15 of eminent domain shall be subject to the limitations set forth in 16 section twelve hundred two of this part, and also to the following 17 further limitations: 18 1. Unless and until the state of New York otherwise provides by law, 19 the port authority shall not have power to acquire real property in that 20 state for air terminal purposes by condemnation or the right of eminent 21 domain except for the purpose of making additions, extensions and 22 improvements to the three air terminals in New York city known as La 23 Guardia airport, John F. Kennedy international airport (formerly known 24 as Idlewild airport), and Floyd Bennett airport, for the purpose of 25 acquiring air rights or preventing or removing actual or potential 26 hazards to air navigation within three miles of the runways at said air 27 terminals as such runways may now or hereafter exist, and for the 28 purpose of establishing or maintaining beacons and other aids to air 29 navigation in connection with said three air terminals, whether or not 30 within three miles of said runways. The port authority shall not have 31 power to acquire by condemnation or the right of eminent domain real 32 property in or under the waters of Jamaica Bay for the purpose of adding 33 to, expanding, extending or constructing runway extensions, or incorpo- 34 rating such lands into the airport operation; however, this section 35 shall not prohibit the port authority from acquiring such lands for 36 installing flight control and safety equipment to service its existing 37 runways, nor from installing anti-pollution devices and equipment in 38 accordance with its anti-pollution program adopted for the air terminals 39 in New York city known as John F. Kennedy international airport or Floyd 40 Bennett airport. 41 2. Unless and until the state of New Jersey otherwise provides by law, 42 the port authority shall not have the power to acquire real property in 43 the state of New Jersey for air terminal purposes by condemnation or the 44 right of eminent domain except for the purpose of making additions, 45 extensions and improvements to the air terminal known as Newark airport 46 (including additions, extensions and improvements thereto located in the 47 city of Elizabeth), for the purpose of acquiring air rights or prevent- 48 ing or removing actual or potential hazards to air navigation within 49 three miles of the runways at said air terminal as such runways may now 50 or hereafter exist, and for the purpose of establishing or maintaining 51 beacons and other aids to air navigation in connection with said air 52 terminal, whether or not within three miles of said runways. 53 3. Unless otherwise provided by law by the state in which such real 54 property is located, the port authority shall not have power to acquire 55 for air terminal purposes by condemnation, acquisition pursuant to the 56 provisions of the eminent domain procedure law, or the right of eminentS. 4456 65 1 domain subsequent to June thirtieth, nineteen hundred fifty-two, any 2 real property taken for and actually devoted to a public use, provided, 3 that this limitation shall not apply to real property a proceeding for 4 the acquisition of which was initiated prior to that date. 5 4. The foregoing limitations shall not be construed to limit, affect 6 or impair the power of the port authority to acquire real property at 7 any time and place for air terminal purposes by negotiation or in any 8 other manner than by condemnation, acquisition pursuant to the 9 provisions of the eminent domain procedure law, or by the exercise of 10 the right of eminent domain. 11 5. Subject to the foregoing limitations, if the port authority shall 12 find it necessary or convenient to acquire any real property for air 13 terminal purposes, whether for immediate or future use, the port author- 14 ity may find and determine that such property, whether a fee simple 15 absolute or a lesser interest, is required for a public use, and upon 16 such determination the said property shall be and shall be deemed to be 17 required for such public use until otherwise determined by the port 18 authority, and such determination shall not be affected by the fact that 19 such property has theretofore been taken for and is then devoted to a 20 public use; but the public use in the hands or under the control of the 21 port authority shall be deemed superior to the public use in the hands 22 of any other person, association or corporation except a municipality 23 within or without the port district. The port authority may acquire and 24 is hereby authorized to acquire such property, whether a fee simple 25 absolute or a lesser estate, by the exercise of the right of eminent 26 domain under and pursuant to the eminent domain procedure law of the 27 state of New York, in the case of property located in such state, and 28 revised statutes of New Jersey, Title 20:1-1 et seq., in the case of 29 property situated in such state, or at the option of the port authority 30 pursuant to such other and alternate procedure in each state as may be 31 provided by law by such state. The port authority shall have such power 32 of eminent domain not only in respect to real property located within 33 the Port of New York District but also as to any real property located 34 outside of the port district which is necessary, incidental or conven- 35 ient for the effectuation, establishment, acquisition, construction, 36 rehabilitation or improvement, and maintenance and operation of air 37 terminals within the port district. Nothing herein contained shall be 38 construed to prevent the port authority from bringing any proceedings to 39 remove a cloud on title or such other proceedings as it may, in its 40 discretion, deem proper and necessary, or acquiring any such property by 41 negotiation or purchase. 42 § 1211. Federal aid. The port authority may make application directly 43 to the proper federal officials or agencies for federal loans or grants 44 in aid of air terminals owned or operated by it; provided, that if 45 either state shall have or adopt general legislation governing applica- 46 tions for federal aid for air terminals by municipalities of such state, 47 or the receipt or disbursement of such federal aid by or on behalf of 48 such municipalities, then such legislation shall at the option of such 49 state apply to applications by the port authority for federal aid for 50 air terminals located in such state and to the receipt and disbursement 51 of such federal aid by or on behalf of the port authority, in the same 52 manner and to the same extent as other municipalities of such state. 53 Except as above provided, no agency or commission of either state shall 54 have jurisdiction over any air terminals under the control of the port 55 authority, and all details of financing, construction, leasing, charges, 56 rates, tolls, contracts and the operation of air terminals owned orS. 4456 66 1 controlled by the port authority shall be within its sole discretion and 2 its decision in connection with any and all matters concerning such air 3 terminals shall be controlling and conclusive. The local laws, resol- 4 utions, ordinances, rules and regulations of a municipality within which 5 an air terminal is situated shall apply to such air terminal, if so 6 provided in any agreement between the port authority and such munici- 7 pality, and to the extent provided in such agreement. 8 § 1212. Lands under water. In the event that the port authority shall 9 find it necessary or desirable to acquire any unappropriated state lands 10 or lands under water in the state of New York for air terminal purposes, 11 the commissioner of general services of that state may grant, transfer 12 or convey such unappropriated state lands or lands under water to the 13 port authority upon such consideration, terms and conditions as may be 14 determined by said commissioner, except that no lands under the waters 15 of Jamaica Bay may be granted, transferred or conveyed to the port 16 authority for air terminal purposes by said commissioner except as 17 provided in paragraph one of section twelve hundred ten of this part. 18 In the event that the port authority shall find it necessary or desir- 19 able to acquire any lands under water in the state of New Jersey for air 20 terminal purposes, the division of navigation of the department of 21 conservation of that state may grant, transfer or convey such lands 22 under water to the port authority in accordance with the statutes of 23 that state governing the making of riparian grants and leases, upon such 24 terms and conditions as may be determined by said division. 25 In the event that the port authority shall find it necessary or desir- 26 able to acquire any real property required or used for state highway 27 purposes in the state of New Jersey, the state highway department of the 28 state of New Jersey may grant, transfer or convey such real property to 29 the port authority upon such terms and conditions as may be determined 30 by said state highway department. 31 § 1213. Repayment of bonds and obligations. The two states covenant 32 and agree with each other and with the holders of any bonds of the port 33 authority issued or incurred for air terminal purposes and as security 34 for which there may or shall be pledged (directly or indirectly, or 35 through the medium of its general reserve fund or otherwise), the reven- 36 ues, or any part thereof, of any air terminal or other facility owned or 37 operated by the port authority, that the two states will not, so long as 38 any of such bonds or other obligations remain outstanding and unpaid, 39 diminish or impair the power of the port authority to establish, levy 40 and collect landing fees, charges, rents, tolls or other fees in 41 connection therewith. 42 § 1214. Contrary declarations. Any declarations contained herein and 43 in the concurrent act of the state of New Jersey with respect to the 44 governmental nature of air terminals and to the exemption of air termi- 45 nal property from taxation and to the discretion of the port authority 46 with respect to air terminal operations shall not be construed to imply 47 that other port authority property and operations are not of a govern- 48 mental nature, or that they are subject to taxation, or that the deter- 49 minations of the port authority with respect thereto are not conclusive. 50 § 1215. Agreement between the states. This section and the preceding 51 sections of this part constitute an agreement between the states of New 52 York and New Jersey supplementary to the compact between the two states 53 dated April thirtieth, nineteen hundred twenty-one, and amendatory ther- 54 eof, and continued by part I of this article, and shall be liberally 55 construed to effectuate the purposes of said compact and of the compre- 56 hensive plan heretofore adopted by the two states, and the powers vestedS. 4456 67 1 in the port authority hereby shall be construed to be in aid of and 2 supplemental to and not in limitation of or in derogation of any of the 3 powers heretofore conferred upon or delegated to the port authority. 4 § 1216. Federal aid procedure; application. The state of New York 5 hereby elects to exercise the option reserved to each state by section 6 twelve hundred eleven of this part (and by the corresponding section of 7 the New Jersey statute concurring herein); and accordingly, if by the 8 effective date of chapter 802 of the laws of 1947, this state has 9 adopted, or if thereafter it shall adopt general legislation governing 10 applications for federal aid for air terminals by municipalities of this 11 state or the receipt or disbursement of such federal aid by or on behalf 12 of such municipalities, such legislation shall apply to applications by 13 the port authority for federal aid for air terminals located in this 14 state in the same manner and to the same extent as other municipalities 15 of this state, provided, that if such legislation shall require such 16 applications for federal aid to be approved by any officer, board, 17 commission, department or other agency of this state or shall require 18 the consent of any such agency of this state to the submission thereof 19 to the federal government, or shall require any such agency of this 20 state to be designated by municipalities as their agent to collect or 21 disburse such federal aid, or shall contain any other requirement vest- 22 ing any such agency of this state with power or discretion with respect 23 to the making of such applications for federal aid or the receipt or 24 disbursement thereof, then such officer, board, commission, department 25 or other agency of this state shall have power to waive such requirement 26 in whole or in part temporarily or permanently insofar as the port 27 authority is concerned. 28 PART XIII 29 EMINENT DOMAIN 30 Section 1301. Right of eminent domain. 31 § 1301. Right of eminent domain. The powers granted to the port 32 authority by this part shall be deemed to be in aid of and supplemental 33 to and not in limitation or derogation of the powers otherwise conferred 34 upon it; and nothing herein contained shall be construed to prevent the 35 port authority from exercising the right of eminent domain under and 36 pursuant to the eminent domain procedure law of the state of New York, 37 or any other applicable law of this state, in any case where it is 38 authorized so to do. 39 PART XIV 40 SUITS AGAINST THE PORT AUTHORITY 41 Section 1401. Suits against the port authority. 42 1402. Prior causes of action. 43 1403. Contract causes of action. 44 1404. Civil suits; statutory penalties. 45 1405. Further restrictions. 46 1406. Venue. 47 1407. Statute of limitations. 48 1408. Notice of claim. 49 1409. Limits of liability. 50 1410. Other suits, actions or proceedings. 51 1411. Agreement between the states.S. 4456 68 1 § 1401. Suits against the port authority. Upon the concurrence of 2 the state of New Jersey, the states of New York and New Jersey consent 3 to suits, actions or proceedings of any form or nature at law, in equity 4 or otherwise (including proceedings to enforce arbitration agreements) 5 against the port authority, and to appeals therefrom and reviews there- 6 of, except as hereinafter provided in sections fourteen hundred two 7 through fourteen hundred five of this part, inclusive. 8 § 1402. Prior causes of action. The foregoing consent does not extend 9 to suits, actions or proceedings upon any causes of action whatsoever 10 accruing before the effective date of chapter 301 of the laws of 1950, 11 other than causes of actions upon, in connection with, or arising out of 12 notes, bonds or other obligations or securities secured by a pledge of 13 the general reserve fund of the port authority. 14 § 1403. Contract causes of action. The foregoing consent does not 15 extend to suits, actions or proceedings upon any causes of action what- 16 soever, upon, in connection with, or arising out of any contract, 17 express or implied, entered into or assumed by or assigned to the port 18 authority before the effective date of this part (including any supple- 19 ment to, or amendment, extension or renewal of any such contract, even 20 if such supplement, amendment, extension or renewal is made on or after 21 the effective date of chapter 301 of the laws of 1950), regardless of 22 whether such cause of action accrued before or after that date, other 23 than causes of action upon, in connection with or arising out of notes, 24 bonds or other obligations or securities secured by a pledge of the 25 general reserve fund of the port authority. 26 § 1404. Civil suits; statutory penalties. The foregoing consent does 27 not extend to civil suits, actions or proceedings for the recovery of 28 statutory penalties. 29 § 1405. Further restrictions. The foregoing consent does not extend 30 to suits, actions or proceedings for judgments, orders or decrees 31 restraining, enjoining or preventing the port authority from committing 32 or continuing to commit any act or acts, other than suits, actions or 33 proceedings by the attorney general of New York or by the attorney 34 general of New Jersey--each of whom is hereby authorized to bring such 35 suits, actions or proceedings in his discretion on behalf of any person 36 or persons whatsoever who requests him so to do except in the cases 37 excluded by sections fourteen hundred two, fourteen hundred three and 38 fourteen hundred four of this part; provided, that in any such suit, 39 action or proceeding, no judgment, order or decree shall be entered 40 except upon at least two days' prior written notice to the port authori- 41 ty of the proposed entry thereof. 42 § 1406. Venue. The foregoing consent is granted upon the condition 43 that venue in any suit, action or proceeding against the port authority 44 shall be laid within a county or a judicial district, established by one 45 of said states or by the United States, and situated wholly or partially 46 within the port of New York district. The port authority shall be deemed 47 to be a resident of each such county or judicial district for the 48 purpose of such suits, actions or proceedings. Although the port author- 49 ity is engaged in the performance of governmental functions, the said 50 two states consent to liability on the part of the port authority in 51 such suits, actions or proceedings for tortious acts committed by it and 52 its agents to the same extent as though it were a private corporation. 53 § 1407. Statute of limitations. The foregoing consent is granted upon 54 the condition that any suit, action or proceeding prosecuted or main- 55 tained under this part shall be commenced within one year after the 56 cause of action therefor shall have accrued, and upon the further condi-S. 4456 69 1 tion that in the case of any suit, action or proceeding for the recovery 2 or payment of money, prosecuted or maintained under this part, a notice 3 of claim shall have been served upon the port authority by or on behalf 4 of the plaintiff or plaintiffs at least sixty days before such suit, 5 action or proceeding is commenced. The provisions of this section shall 6 not apply to claims arising out of provisions of any workers' compen- 7 sation law of either state. 8 § 1408. Notice of claim. The notice of claim required by section 9 fourteen hundred seven of this part shall be in writing, sworn to by or 10 on behalf of the claimant or claimants, and shall set forth (1) the name 11 and post office address of each claimant and of his attorney, if any, 12 (2) the nature of the claim, (3) the time when, the place where and the 13 manner in which the claim arose, and (4) the items of damage or injuries 14 claimed to have been sustained so far as then practicable. Such notice 15 may be served in the manner in which process may be served, or in lieu 16 thereof, may be sent by registered mail to the port authority at its 17 principal office. Where the claimant is a person under the age of eigh- 18 teen years or is mentally or physically incapacitated and by reason of 19 such disability no notice of claim is filed or suit, action or proceed- 20 ing commenced within the time specified in section fourteen hundred 21 seven of this part, or where a person entitled to make a claim dies and 22 by reason of his death no notice of claim is filed or suit, action or 23 proceeding commenced within the time specified in section fourteen 24 hundred seven of this part then any court in which such suit, action or 25 proceeding may be brought may in its discretion grant leave to serve the 26 notice of claim and to commence the suit, action or proceeding within a 27 reasonable time but in any event within three years after the cause of 28 action accrued. Application for such leave must be made upon an affida- 29 vit showing the particular facts which caused the delay and shall be 30 accompanied by a copy of the proposed notice of claim if such notice has 31 not been served, and such application shall be made only upon notice to 32 the port authority. 33 § 1409. Limits of liability. The commissioners, officers or employees 34 of the port authority shall not be subject to suits, actions or 35 proceedings for judgments, orders or decrees restraining, preventing or 36 enjoining them in their official or personal capacities from committing 37 or continuing to commit any act or acts on behalf of the port authority 38 other than suits, actions and proceedings brought by the attorney gener- 39 al of New York or by the attorney general of New Jersey or by the port 40 authority itself--each of said attorneys general being hereby authorized 41 to bring such suits, actions or proceedings in his discretion on behalf 42 of any person or persons whatsoever who requests him so to do except in 43 the cases excluded by sections fourteen hundred two, fourteen hundred 44 three and fourteen hundred four of this part; provided, that in any such 45 suit, action or proceeding brought by either attorney general, no judg- 46 ment, order or decree shall be entered except upon at least two days' 47 notice to the defendant of the proposed entry thereof. 48 § 1410. Other suits, actions or proceedings. Nothing herein shall be 49 deemed to revoke, rescind or affect any consents to suits, actions or 50 proceedings against the port authority heretofore given by the two said 51 states in chapter eight hundred two of the laws of New York of nineteen 52 hundred forty-seven, as amended, and continued by part XII of this arti- 53 cle, and chapter forty-three of the laws of New Jersey of nineteen 54 hundred forty-seven, as amended; chapter six hundred thirty-one of the 55 laws of New York of nineteen hundred forty-seven, as amended, and 56 continued by part XI of this article; chapter forty-four of the laws ofS. 4456 70 1 New Jersey of nineteen hundred forty-seven, as amended, and chapter five 2 hundred thirty-four of the laws of New York of nineteen hundred forty- 3 eight, and continued by part XI of this article, and chapter ninety-sev- 4 en of the laws of New Jersey of nineteen hundred forty-eight. 5 § 1411. Agreement between the states. This part together with the act 6 of the state of New Jersey concurring herein, shall constitute an agree- 7 ment between the states of New York and New Jersey supplementary to and 8 amendatory of the compact between the two said states dated April thir- 9 tieth, nineteen hundred twenty-one and continued by part I of this arti- 10 cle. 11 PART XV 12 TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS 13 Section 1501. Governing authority. 14 1502. Tolls; other charges. 15 1503. Operation restrictions. 16 1504. Port authority police force. 17 1505. Driving procedure. 18 1506. Operation requirements. 19 1507. Accident protocol. 20 1508. Transport restrictions. 21 1509. Violations. 22 1510. Definitions. 23 1511. Severability. 24 1512. Repeal of previous rules and regulations. 25 1513. Agreement between the states. 26 1514. Compliance with state law. 27 1515. Felonies. 28 1516. Misdemeanors. 29 1517. Owner liability for failure of operator to comply with 30 toll collection regulations of the port authority. 31 1518. Imposition of liability for failure of operator to comply 32 with toll collection regulations of the port authority. 33 1519. Adjudication of liability. 34 § 1501. Governing authority. To the end that the interstate vehicular 35 crossings operated by the port authority, pursuant to the compact of 36 April thirtieth, nineteen hundred twenty-one between the states of New 37 York and New Jersey creating the port authority, may be efficiently and 38 safely operated in the interest of the people of the states of New York 39 and New Jersey and of the nation, the following rules and regulations 40 governing traffic on vehicular crossings operated by the port authority, 41 set forth in sections fifteen hundred two through fifteen hundred eight 42 of this part, are hereby adopted by the legislatures of the two states, 43 and are declared to be binding upon all persons and corporations 44 affected thereby. 45 § 1502. Tolls; other charges. No traffic shall be permitted in or 46 upon vehicular crossings except upon the payment of such tolls and other 47 charges as may from time to time be prescribed by the port authority. It 48 is hereby declared to be unlawful for any person to refuse to pay, or to 49 evade or to attempt to evade the payment of such tolls or other charges. 50 § 1503. Operation restrictions. No vehicle shall be operated care- 51 lessly or negligently, or in disregard of the rights or safety of 52 others, or without due caution and circumspection, or at a speed or in a 53 manner so as to endanger unreasonably or to be likely to endanger unrea- 54 sonably persons or property, or while the operator thereof is under theS. 4456 71 1 influence of intoxicating liquors or any narcotic or habit-forming drug, 2 nor shall any vehicle be so constructed, equipped or loaded as to endan- 3 ger unreasonably or to be likely to endanger unreasonably persons or 4 property. 5 § 1504. Port authority police force. All persons in or upon vehicular 6 crossings must at all times comply with any lawful order, signal or 7 direction by voice or hand of any member of the port authority police 8 force. When traffic is controlled by traffic lights, signs or by mechan- 9 ical or electrical signals, such lights, signs and signals shall be 10 obeyed unless a port authority police officer directs otherwise. 11 § 1505. Driving procedure. Unless otherwise directed, vehicles shall 12 at all times stay to the right of the center of all roadways except in 13 the case of one-way roadways; slow-moving vehicles shall remain as close 14 as possible to the right-hand edge or curb of the roadway; and where a 15 roadway is marked with traffic lanes vehicles shall not cross markings. 16 § 1506. Operation requirements. No person shall operate a motor vehi- 17 cle in or upon any part of a vehicular crossing unless he is duly 18 authorized to operate motor vehicles in the state in which such part of 19 the vehicular crossing is located. No motor vehicle shall be permitted 20 in or upon any part of a vehicular crossing which is not registered in 21 accordance with the provisions of the law of the state in which such 22 part of the vehicular crossing is located. 23 § 1507. Accident protocol. The operator of any vehicle involved in an 24 accident resulting in injury or death to any person or damage to any 25 property shall immediately stop such vehicle at the scene of the acci- 26 dent, render such assistance as may be needed, and give his name, 27 address, and operator's license and registration number to the person 28 injured or to any officer or witness of the injury. The operator of such 29 vehicle shall make a report of such accident in accordance with the law 30 of the state in which such accident occurred. 31 § 1508. Transport restrictions. No person shall transport in or upon 32 a vehicular crossing, any dynamite, nitroglycerin, black powder, fire- 33 works, blasting caps or other explosives, gasoline, alcohol, ether, 34 liquid shellac, kerosene, turpentine, formaldehyde or other inflammable 35 or combustible liquids, ammonium nitrate, sodium chlorate, wet hemp, 36 powdered metallic magnesium, nitro-cellulose film, peroxides or other 37 readily inflammable solids or oxidizing materials, hydrochloric acid, 38 sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen- 39 ic, carbolic acid, potassium cyanide, tear gas, lewisite or any other 40 poisonous substances, liquids or gases, or any compressed gas, or any 41 radio-active article, substance or material, at such time or place or in 42 such manner or condition as to endanger unreasonably or as to be likely 43 to endanger unreasonably persons or property. 44 § 1509. Violations. Violations of the rules and regulations set forth 45 in sections fifteen hundred two through fifteen hundred eight of this 46 part committed within the territorial limits of either state shall be 47 punishable as may be provided by the laws of such state but the penal- 48 ties prescribed by either state shall not preclude the port authority 49 from excluding from vehicular crossings permanently or for a specified 50 time, all vehicles violating any of the said rules and regulations, as 51 well as other vehicles owned or operated by the owner or operator of 52 such vehicle. 53 § 1510. Definitions. The following terms as used herein shall have 54 the indicated meanings: 55 1. "Traffic" shall include pedestrians, ridden animals, herded animals 56 and vehicles whether moved by human power or otherwise.S. 4456 72 1 2. "Vehicular crossings" shall include not only bridges and tunnels 2 operated by the port authority, but also their plazas and approaches, 3 but shall not include any lands granted by the port authority to the 4 states of New York or New Jersey or to a municipality for street or 5 highway purposes even though such street or highway constitutes a means 6 of access to or egress from such vehicular crossing. 7 § 1511. Severability. If any term or provision of this part shall be 8 declared unconstitutional or ineffective in whole or in part by a court 9 of competent jurisdiction, then to the extent that it is not unconstitu- 10 tional or ineffective, such term or provisions shall be enforced and 11 effectuated, nor shall such determination be deemed to invalidate the 12 remaining terms or provisions thereof. 13 § 1512. Repeal of previous rules and regulations. The two said states 14 agree that chapter two hundred fifty-one of the laws of New York of 15 nineteen hundred thirty-four, entitled "An act establishing rules and 16 regulations for the control of traffic on the interstate bridges and 17 tunnels operated by the Port of New York Authority and prescribing 18 proceedings and penalties for their violations", and chapter one hundred 19 forty-six of the pamphlet laws of New Jersey, nineteen hundred thirty- 20 two, entitled "An act establishing rules and regulations for the control 21 of traffic on the inter-state bridges and tunnels operated by the Port 22 of New York Authority and prescribing proceedings and penalties for 23 their violations", shall be and are repealed as of the date this part 24 takes effect. 25 § 1513. Agreement between the states. This section and the preceding 26 sections of this part, together with the corresponding sections of the 27 act of the state of New Jersey concurring herein, shall constitute an 28 agreement between the states of New York and New Jersey supplementary to 29 the compact between the two states dated April thirtieth, nineteen 30 hundred twenty-one, and amendatory thereof, and shall be liberally 31 construed to effectuate the purposes of said compact and of the agree- 32 ments of the two states amendatory thereof or supplemental thereto; and 33 shall be construed to be in aid of and supplemental to and not in limi- 34 tation of or in derogation of the powers heretofore conferred upon or 35 delegated to the port authority. 36 § 1514. Compliance with state law. If the violation within the state 37 of any of the rules and regulations set forth in sections fifteen 38 hundred two through fifteen hundred eight of this part including but not 39 limited to those regarding the payment of tolls, would have been a felo- 40 ny, misdemeanor or other punishable offense if committed on any public 41 road, street, highway or turnpike in the municipality in which such 42 violation occurred, it shall be tried and punished in the same manner as 43 if it had been committed on such public road, street, highway or turn- 44 pike. 45 § 1515. Felonies. Notwithstanding the provisions of section fifteen 46 hundred fourteen of this part, if the violation within the state of the 47 rule and regulation set forth in section fifteen hundred nine of this 48 part shall result in injury or death to a person or persons or damage to 49 property in excess of the value of five thousand dollars, such violation 50 shall constitute a felony. 51 § 1516. Misdemeanors. Except as provided in sections fifteen hundred 52 fourteen and fifteen hundred fifteen of this part, any violation within 53 the state of any of the rules and regulations set forth in sections 54 fifteen hundred two through fifteen hundred eight of this part including 55 but not limited to those regarding the payment of tolls, shall consti- 56 tute a misdemeanor and shall be punishable as an offense triable in aS. 4456 73 1 magistrate's court by a fine not exceeding five hundred dollars or by 2 imprisonment not exceeding sixty days or by both such fine and imprison- 3 ment. 4 § 1517. Owner liability for failure of operator to comply with toll 5 collection regulations of the port authority. Notwithstanding any other 6 provision of law and in accordance with the provisions of section 7 fifteen hundred eighteen of this part, an owner of a vehicle may be held 8 liable for failure of an operator thereof to comply with the toll 9 collection regulations of the port authority of New York and New Jersey 10 (hereinafter called port authority). The owner of a vehicle shall be 11 liable pursuant to this section if such vehicle was used or operated 12 with the permission of the owner, express or implied, in violation of 13 the toll collection regulations of the port authority, and such 14 violation is evidenced by information obtained from a photo-monitoring 15 system, provided, however, that no owner of a vehicle shall be liable 16 where the operator of such vehicle has been convicted of a violation of 17 those toll collection regulations for the same incident. 18 § 1518. Imposition of liability for failure of operator to comply with 19 toll collection regulations of the port authority. The liability set 20 forth in section fifteen hundred seventeen of this part, shall be 21 imposed upon an owner for a violation by an operator of the toll 22 collection regulations of the port authority occurring within the terri- 23 torial limits of the state of New York in accordance with the following: 24 1. For the purposes of this section, the term "owner" shall mean any 25 person, corporation, partnership, firm, agency, association, lessor, or 26 organization who, at the time of the violation in any city in which a 27 vehicle is operated: (a) is the beneficial or equitable owner of such 28 vehicle; or (b) has title to such vehicle; or (c) is the registrant or 29 co-registrant of such vehicle which is registered with the department of 30 motor vehicles of this state or any other state, territory, district, 31 province, nation or other jurisdiction; or (d) subject to the limita- 32 tions set forth in subdivision six of this section, uses such vehicle in 33 its vehicle renting and/or leasing business; and includes (e) a person 34 entitled to the use and possession of a vehicle subject to a security 35 interest in another person. For the purposes of this section, the term 36 "operator" shall mean any person, corporation, firm, partnership, agen- 37 cy, association, organization or lessee that uses or operates a vehicle 38 with or without the permission of the owner, and an owner who operates 39 his or her own vehicle. For purposes of this section, the term "photo- 40 monitoring system" shall mean a vehicle sensor installed to work in 41 conjunction with a toll collection facility which automatically produces 42 one or more photographs, one or more microphotographs, a videotape or 43 other recorded images of each vehicle at the time it is used or operated 44 in violation of the toll collection regulations of the port authority. 45 For purposes of this section, the term "toll collection regulations of 46 the port authority" shall refer to the traffic regulations for inter- 47 state vehicular crossings operated by the port authority as set forth in 48 this part and in chapter one hundred ninety-two of the laws of New 49 Jersey of nineteen hundred fifty, and specifically that section of the 50 laws which prohibits traffic in or upon vehicular crossings operated by 51 the port authority except upon the payment of such tolls and other 52 charges as may from time to time be prescribed by the port authority and 53 which further makes it unlawful for any person to refuse to pay, or to 54 evade or to attempt to evade the payment of such tolls or other charges. 55 For purposes of this section, the term "vehicle" shall mean every device 56 in, upon, or by which a person or property is or may be transported orS. 4456 74 1 drawn upon a highway, except devices used exclusively upon stationary 2 rails or tracks. 3 2. A certificate, sworn to or affirmed by an agent of the port author- 4 ity, or a facsimile thereof, based upon inspection of photographs, 5 microphotographs, videotape or other recorded images produced by a 6 photo-monitoring system shall be prima facie evidence of the facts 7 contained therein and shall be admissible in any proceeding charging a 8 violation of toll collection regulations of the port authority, provided 9 that any photographs, microphotographs, videotape or other recorded 10 images evidencing such a violation shall be available for inspection and 11 admission into evidence in any proceeding to adjudicate the liability 12 for such violation. 13 3. An imposition of liability pursuant to this section shall be based 14 upon a preponderance of evidence as submitted. An imposition of liabil- 15 ity pursuant to this section shall not be deemed a conviction of an 16 operator and shall not be made part of the motor vehicle operating 17 record, furnished pursuant to section three hundred fifty-four of the 18 vehicle and traffic law, of the person upon whom such liability is 19 imposed nor shall it be used for insurance purposes in the provision of 20 motor vehicle insurance coverage. 21 4. (a) A notice of liability shall be sent by first class mail to each 22 person alleged to be liable as an owner for a violation pursuant to this 23 section of the toll collection regulations of the port authority. Such 24 notice shall be mailed no later than thirty days after the alleged 25 violation. Personal delivery on the owner shall not be required. A manu- 26 al or automatic record of mailing prepared in the ordinary course of 27 business shall be prima facie evidence of the mailing of the notice. 28 (b) A notice of liability shall contain the name and address of the 29 person alleged to be liable as an owner for a violation of the toll 30 collection regulations of the port authority pursuant to this section, 31 the registration number of the vehicle involved in such violation, the 32 location where such violation took place, the date and time of such 33 violation and the identification number of the photo-monitoring system 34 which recorded the violation or other document locator number. 35 (c) The notice of liability shall contain information advising the 36 person charged of the manner and the time in which he may contest the 37 liability alleged in the notice. Such notice of liability shall also 38 contain a warning to advise the persons charged that failure to contest 39 in the manner and time provided shall be deemed an admission of liabil- 40 ity and that a default judgment may be entered thereon. 41 (d) The notice of liability shall be prepared and mailed by the port 42 authority or its duly authorized agent. 43 5. If an owner receives a notice of liability pursuant to this section 44 for any time period during which the vehicle was reported to the police 45 department as having been stolen, it shall be a valid defense to an 46 allegation of liability for a violation of the toll collection regu- 47 lations of the port authority that the vehicle had been reported to the 48 police as stolen prior to the time the violation occurred and had not 49 been recovered by such time. If an owner receives a notice of liability 50 pursuant to this section for any time period during which the vehicle 51 was stolen, but not as yet reported to the police as having been stolen, 52 it shall be a valid defense to an allegation of liability for a 53 violation of toll collection regulations of the port authority pursuant 54 to this section that the vehicle was reported as stolen within two hours 55 after discovery of the theft by the owner. For purposes of asserting the 56 defense provided by this subdivision, it shall be sufficient that aS. 4456 75 1 certified copy of the police report on the stolen vehicle be sent by 2 first class mail to the court or other entity having jurisdiction. 3 6. An owner, as defined in paragraph (a) of subdivision one of this 4 section, who is a lessor of a vehicle to which a notice of liability was 5 issued pursuant to subdivision four of this section shall not be liable 6 pursuant to this section for the violation of the toll collection regu- 7 lations of the port authority provided that he or she sends to the port 8 authority serving the notice of liability and to the court or other 9 entity having jurisdiction a copy of the rental, lease or other such 10 contract document covering such vehicle on the date of the violation, 11 with the name and address of the lessee clearly legible, within thirty 12 days after receiving from the port authority or its duly authorized 13 agent the original notice of liability. Failure to send such information 14 within such thirty day time period shall render the lessor liable for 15 the penalty prescribed by this section. Where the lessor complies with 16 the provisions of this subdivision, the lessee of such vehicle on the 17 date of such violation shall be deemed to be the owner of such vehicle 18 for purposes of this section and shall be subject to liability for the 19 violation of toll collection regulations of the port authority provided 20 that the port authority or its duly authorized agent mails a notice of 21 liability to the lessee within ten days after the court, or other entity 22 having jurisdiction, deems the lessee to be the owner. For purposes of 23 this subdivision the term "lessor" shall mean any person, corporation, 24 firm, partnership, agency, association or organization engaged in the 25 business of renting or leasing vehicles to any lessee under a rental 26 agreement, lease or otherwise wherein the said lessee has the exclusive 27 use of said vehicle for any period of time. For the purposes of this 28 subdivision, the term "lessee" shall mean any person, corporation, firm, 29 partnership, agency, association or organization that rents, leases or 30 contracts for the use of one or more vehicles and has exclusive use 31 thereof for any period of time. 32 7. Except as provided in subdivision six of this section, if a person 33 receives a notice of liability pursuant to this section it shall be a 34 valid defense to an allegation of liability for a violation of toll 35 collection regulations of the port authority that the individual who 36 received the notice of liability pursuant to this section was not the 37 owner of the vehicle at the time the violation occurred. If the owner 38 liable for a violation of the toll collection regulations of the port 39 authority pursuant to this section was not the operator of the vehicle 40 at the time of the violation, the owner may maintain an action for 41 indemnification against the operator. The operator of the vehicle may 42 apply to the court or other entity having jurisdiction to adjudicate the 43 liability imposed under this section to accept responsibility for the 44 violation and satisfactorily discharge all applicable tolls, charges, 45 and penalties related to the violation. 46 8. "Electronic toll collection system" shall mean a system of collect- 47 ing tolls or charges which is capable of charging an account holder the 48 appropriate toll or charge by transmission of information from an elec- 49 tronic device on a motor vehicle to the toll lane, which information is 50 used to charge the account the appropriate toll or charge. In adopting 51 procedures for the preparation and mailing of a notice of liability, the 52 port authority or its duly authorized agent shall adopt guidelines to 53 ensure adequate and timely notice to all electronic toll collection 54 system account holders to inform them when their accounts are delin- 55 quent. An owner who is an account holder under the electronic toll 56 collection system shall not be found liable for a violation of thisS. 4456 76 1 section unless such authority has first sent a notice of delinquency to 2 such account holder and the account holder was in fact delinquent at the 3 time of the violation. 4 9. Nothing in this section shall be construed to limit the liability 5 of an operator of a vehicle for any violation of the toll collection 6 regulations of the port authority. Nothing in this section shall author- 7 ize or preclude the port authority from excluding from any of its facil- 8 ities, in its sole discretion, any or all vehicles found liable under 9 this section as well as other vehicles owned or operated by the owner or 10 operator of such vehicle. 11 10. Notwithstanding any other provision of law, all photographs, 12 microphotographs, videotape or other recorded images prepared pursuant 13 to this section shall be for the exclusive use of the port authority in 14 the discharge of its duties under this section and shall not be open to 15 the public nor be used in any court in any action or proceeding pending 16 therein unless such action or proceeding relates to the imposition of or 17 indemnification for liability pursuant to this section. The port author- 18 ity or its duly authorized agent shall not sell, distribute or make 19 available in any way, the names and addresses of electronic toll 20 collection system account holders, or any information compiled from 21 transactions with such account holders, without such account holders' 22 consent to any entity that will use such information for any commercial 23 purpose provided that the foregoing restriction shall not be deemed to 24 preclude the exchange of such information between any entities with 25 jurisdiction over and or operating a toll highway bridge and/or tunnel 26 facility. 27 § 1519. Adjudication of liability. Adjudication of the liability 28 imposed upon an owner by section fifteen hundred seventeen of this part 29 for a violation of the toll collection regulations of the port authority 30 occurring within the territorial limits of the state of New York shall 31 be in accordance with sections two hundred thirty-five, two hundred 32 thirty-six, two hundred thirty-seven, two hundred thirty-nine, two 33 hundred forty, two hundred forty-one, five hundred ten and eighteen 34 hundred nine of the vehicle and traffic law, or by such entity having 35 jurisdiction over violations of the toll collection regulations of the 36 port authority occurring within the territorial limits of the state of 37 New York, provided that all violations shall be heard and determined in 38 the county in which the violation is alleged to have occurred, or by 39 consent of both parties, in any county in the state of New York in which 40 the port authority operates or maintains a facility. An owner found 41 liable for a violation of toll collection regulations pursuant to this 42 section shall for a first violation thereof be liable for a monetary 43 penalty not to exceed fifty dollars or two times the toll evaded which- 44 ever is greater; for a second violation thereof both within eighteen 45 months be liable for a monetary penalty not to exceed one hundred 46 dollars or five times the toll evaded whichever is greater; for a third 47 or subsequent violation thereof all within eighteen months be liable for 48 a monetary penalty not to exceed one hundred fifty dollars or ten times 49 the toll evaded whichever is greater. 50 PART XVI 51 RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY 52 AIR AND MARINE TERMINALS 53 Section 1601. Definitions. 54 1602. Vehicle operation.S. 4456 77 1 1603. Adherence to traffic signs and signals. 2 1604. Requiring use of right side of roadway. 3 1605. Authorization for operation. 4 1606. Procedures in case of causing injury. 5 1607. Prohibited items. 6 1608. Parking. 7 1609. Prosecution for violations. 8 1610. Felony for transport of prohibited items. 9 1611. Misdemeanor for certain violations. 10 1612. Exclusion of vehicles in violations. 11 1613. Reserve clause. 12 § 1601. Definitions. The following terms as used herein shall have 13 the indicated meanings: 14 "Air terminals" shall mean developments operated by the port authority 15 consisting of runways, hangars, control towers, ramps, wharves, bulk- 16 heads, buildings, structures, parking areas, improvements, facilities or 17 other real property necessary, convenient or desirable for the landing, 18 taking off, accommodation and servicing of aircraft of all types, 19 including but not limited to airplanes, airships, dirigibles, helicop- 20 ters, gliders, amphibians, seaplanes, or any other contrivance now or 21 hereafter used for the navigation of or flight in air or space, operated 22 by carriers engaged in the transportation of passengers or cargo, or for 23 the loading, unloading, interchange or transfer of such passengers or 24 their baggage, or such cargo, or otherwise for the accommodation, use or 25 convenience of such passengers, or such carriers or their employees, or 26 for the landing, taking off, accommodation and servicing of aircraft 27 owned or operated by persons other than carriers. 28 "Air terminal highway" shall mean and include those portions of an air 29 terminal designated and made available temporarily or permanently by the 30 port authority to the public for general or limited highway use. 31 "Marine terminals" shall mean developments operated by the port 32 authority consisting of one or more piers, wharves, docks, bulkheads, 33 slips, basins, vehicular roadways, railroad connections, side tracks, 34 sidings or other buildings, structures, facilities or improvements, 35 necessary or convenient to the accommodation of steamships or other 36 vessels and their cargoes or passengers. 37 "Marine terminal highway" shall mean and include those portions of a 38 marine terminal designated and made available temporarily or permanently 39 by the port authority to the public for general or limited highway use. 40 "Traffic" shall mean and include pedestrians, animals and vehicles. 41 § 1602. Vehicle operation. No vehicle shall be operated on any air 42 terminal highway or marine terminal highway carelessly or negligently, 43 or in disregard of the rights or safety of others, or without due 44 caution and circumspection, or at a speed or in a manner so as to endan- 45 ger unreasonably or to be likely to endanger unreasonably persons or 46 property, or while the operator thereof is under the influence of intox- 47 icating liquors or any narcotic or habit-forming drug, nor shall any 48 vehicle be operated thereon if it is so constructed, equipped or loaded 49 as to endanger unreasonably or to be likely to endanger unreasonably 50 persons or property. 51 § 1603. Adherence to traffic signs and signals. All persons on any 52 air terminal highway or marine terminal highway must at all times comply 53 with any lawful order, signal or direction by voice or hand of any 54 member of the port authority police force. When traffic is controlled by 55 traffic lights, signs or by mechanical or electrical signals, suchS. 4456 78 1 lights, signs and signals shall be obeyed unless a port authority police 2 officer directs otherwise. 3 § 1604. Requiring use of right side of roadway. Unless otherwise 4 directed, all vehicles on any air terminal highway or marine terminal 5 highway shall at all times stay to the right of the center of the road- 6 way, except in the case of one-way roadways; slow-moving vehicles shall 7 remain as close as possible to the right-hand edge or curb of the road- 8 way; and where a roadway is marked with traffic lanes vehicles shall 9 not cross markings. 10 § 1605. Authorization for operation. No person shall operate a motor 11 vehicle on an air terminal highway or marine terminal highway unless he 12 is duly authorized to operate such vehicle on state and municipal high- 13 ways in the state in which such air terminal highway or marine terminal 14 highway is located, or unless he is especially authorized by the port 15 authority to operate motor vehicles on such air terminal highway or 16 marine terminal highway. No motor vehicle shall be permitted on any air 17 terminal highway or marine terminal highway unless it is registered in 18 accordance with the provisions of the law of the state in which such air 19 terminal highway or marine terminal highway is located, or unless it is 20 especially authorized by the port authority to be operated on such air 21 terminal highway or marine terminal highway. 22 § 1606. Procedures in case of causing injury. The operator of any 23 vehicle involved in an accident on an air terminal highway or marine 24 terminal highway which results in injury or death to any person or 25 damage to any property shall immediately stop such vehicle at the scene 26 of the accident, render such assistance as may be needed, and give his 27 name, address, and operator's license and registration number to the 28 person injured or to any officer or witness of the injury. The operator 29 of such vehicle shall make a report of such accident in accordance with 30 the law of the state in which such accident occurred. 31 § 1607. Prohibited items. No person shall transport on any air termi- 32 nal highway or marine terminal highway any dynamite, nitroglycerin, 33 black powder, fireworks, blasting caps or other explosives, gasoline, 34 alcohol, ether, liquid shellac, kerosene, turpentine, formaldehyde or 35 other inflammable or combustible liquids, ammonium nitrate, sodium chlo- 36 rate, wet hemp, powdered metallic magnesium, nitro-cellulose film, 37 peroxides or other readily inflammable solids or oxidizing materials, 38 hydrochloric acid, sulfuric acid or other corrosive liquids, prussic 39 acid, phosgene, arsenic, carbolic acid, potassium cyanide, tear gas, 40 lewisite, or any other poisonous substances, liquids or gases, or any 41 compressed gas, or any radioactive article, substance or material, at 42 such time or place or in such manner or condition as to endanger unrea- 43 sonably or as to be likely to endanger unreasonably persons or property; 44 nor shall any person park any vehicle, or permit the same to remain 45 halted on any air terminal highway or marine terminal highway containing 46 any of the foregoing, at such time or place or in such manner or condi- 47 tion as to endanger unreasonably or as to be likely to endanger unrea- 48 sonably persons or property. 49 § 1608. Parking. No person shall park a vehicle or permit the same to 50 remain halted on any air terminal highway or marine terminal highway 51 except at such places and for such periods of time as may be prescribed 52 or permitted by the port authority. 53 § 1609. Prosecution for violations. If the violation within the state 54 of any of the rules and regulations set forth in this part, would have 55 been a felony, misdemeanor or other punishable offense if committed on 56 any public road, street, highway or turnpike in the municipality inS. 4456 79 1 which such violation occurred, it shall be tried and punished in the 2 same manner as if it had been committed on such public road, street, 3 highway or turnpike. 4 § 1610. Felony for transport of prohibited items. Notwithstanding the 5 provisions of section sixteen hundred two of this part, if the violation 6 within the state of the rule and regulation promulgated pursuant to this 7 part shall result in injury or death to a person or persons or damage to 8 property in excess of the value of five thousand dollars, such violation 9 shall constitute a felony. 10 § 1611. Misdemeanor for certain violations. Except as provided in 11 sections sixteen hundred two and sixteen hundred three of this part, any 12 violation within the state of any of the rules and regulations promul- 13 gated pursuant to this part, shall constitute a misdemeanor and shall be 14 punishable as an offense triable in a magistrate's court by a fine not 15 exceeding five hundred dollars or by imprisonment not exceeding sixty 16 days or by both such fine and imprisonment. 17 § 1612. Exclusion of vehicles in violations. The penalties prescribed 18 in this part shall not preclude the port authority from excluding from 19 any air terminal highway or marine terminal highway, permanently or for 20 a specified time, all vehicles violating any of the rules and regu- 21 lations promulgated pursuant to this part, as well as other vehicles 22 owned or operated by the owner or operator of such vehicle. 23 § 1613. Reserve clause. Nothing herein contained shall be construed 24 to affect, diminish or impair the power of this state to enact any law, 25 or to impair or diminish, or as recognition of the impairment or diminu- 26 tion of any power of this state, legislative or otherwise, with respect 27 to the port authority, its properties, or persons or property thereon. 28 PART XVII 29 NEW YORK - NEW JERSEY AGREEMENT 30 Section 1701. Enforcement authority. 31 1702. Guidelines for interpretation. 32 § 1701. Enforcement authority. Upon the concurrence of the state of 33 New Jersey, the states of New York and New Jersey agree that each state, 34 in the discretion of its legislature, and without further consent or 35 concurrence by the other state, may from time to time prescribe, amend, 36 modify or rescind penalties for violations within its territorial limits 37 of any rule or regulation, otherwise authorized, of the port of New York 38 authority (hereinafter called the "port authority"), and procedures for 39 the enforcement of such penalties. 40 § 1702. Guidelines for interpretation. This section and section 41 seventeen hundred one of this part, together with corresponding sections 42 of the act of the state of New Jersey concurring herein shall constitute 43 an agreement between the states of New York and New Jersey supplemental 44 to the compact between the two states dated April thirtieth, nineteen 45 hundred twenty-one, and shall be liberally construed to effectuate the 46 purposes of said compact and of the agreements of the two states amenda- 47 tory thereof and supplemental thereto, and not in limitation of or in 48 derogation of any powers heretofore or hereinafter conferred upon or 49 delegated to the port authority, and not as granting any power to the 50 port authority to make rules and regulations except as elsewhere 51 provided in said compact and agreements, and shall not be construed to 52 affect, diminish or impair the power of either state to prescribe, 53 amend, modify or rescind such penalties, or to enact any other law, or 54 to imply that the concurrence of the other state therein is necessary,S. 4456 80 1 or was necessary prior to the enactment of this part, or to impair or 2 diminish, or as recognition of the impairment or diminution of any power 3 of either state, legislative or otherwise, with respect to the port 4 authority, its properties, or persons or property thereon, or to affect 5 the interpretation of the aforesaid compact and agreements between the 6 two states. 7 PART XVIII 8 SMOKING REGULATION FOR TERMINALS 9 Section 1801. Smoking prohibition. 10 1802. Penalties. 11 § 1801. Smoking prohibition. No person shall smoke, carry, or possess 12 a lighted cigarette, cigar, pipe, match or other lighted instrument 13 capable of causing naked flame in or about any area, building or 14 appurtenance of an air terminal, owned or operated by the port authori- 15 ty, or in or upon any area, bulkhead, dock, pier, wharf, warehouse, 16 building, structure or shed of a marine terminal, owned or operated by 17 the port authority, where smoking has been prohibited by the port 18 authority and where appropriate signs to that effect have been posted, 19 or on the open deck of any ship, lighter, carfloat, scow or other simi- 20 lar floating craft or equipment when berthed or moored at such dock, 21 wharf, pier or to a vessel made fast thereto. 22 § 1802. Penalties. Any violation of the rule and regulation set forth 23 in section eighteen hundred one of this part shall be punishable as an 24 offense triable in a magistrate's court, for a first offense, by a fine 25 of not more than fifty dollars or imprisonment for not more than thirty 26 days or both; for a second offense, by a fine of not less than twenty- 27 five dollars nor more than one hundred dollars or imprisonment for not 28 more than sixty days or both; for a third or any other subsequent 29 offense, by a fine of not less than fifty dollars nor more than two 30 hundred dollars or by imprisonment for not more than sixty days or both. 31 PART XIX 32 SUITS ON LEASE AT INTERNATIONAL AIRPORT 33 Section 1901. Suits on lease at International Airport. 34 1902. Effect. 35 1903. Venue. 36 1904. Consent. 37 1905. Agreement. 38 § 1901. Suits on lease at International Airport. Upon the concurrence 39 of the state of New Jersey, the states of New York and New Jersey 40 consent to suits, actions or proceedings (including proceedings to 41 enforce arbitration agreements and to enter judgments upon awards 42 resulting therefrom) of any form or nature, at law, in equity or other- 43 wise by any person or corporation engaged in the business of scheduled 44 transportation by aircraft, against the port authority, and to appeals 45 therefrom and reviews thereof, upon or for the enforcement of any writ- 46 ten contract for the use or occupancy of space, premises or facilities 47 at New York International Airport, in the county of Queens, city of New 48 York, state of New York, executed on or after January first, nineteen 49 hundred fifty-three between the port authority and any such person or 50 corporation, or by any such person or corporation so contracting with 51 the port authority upon any cause of action arising out of such use or 52 occupancy pursuant to any such written contract.S. 4456 81 1 § 1902. Effect. The consent pursuant to section nineteen hundred one 2 of this part is granted upon the condition that in suits, actions or 3 proceedings thereunder for judgments, orders or decrees restraining or 4 enjoining the port authority from committing or continuing to commit 5 breaches of such written contract, no such judgment, order or decree 6 shall be entered except upon at least two days' prior written notice to 7 the port authority of the proposed entry thereof; and upon an appeal 8 taken by the port authority from such judgment, order or decree, the 9 service of the notice of appeal shall perfect the appeal, without an 10 undertaking or other security. 11 § 1903. Venue. The venue in any suit, action or proceeding against 12 the port authority to which consent is given by this part shall be laid 13 within a county or a judicial district, established by one of said two 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 and shall be deemed to be a citizen 18 of both of said two states. 19 § 1904. Consent. Nothing herein contained shall be deemed to revoke, 20 rescind or affect any consents to suits, actions or proceedings against 21 the port authority heretofore given by the two said states or the terms 22 and conditions upon which such consents are given. 23 § 1905. Agreement. This part together with the act of the state of 24 New Jersey concurring herein, shall constitute an agreement between the 25 states of New York and New Jersey supplementary to and amendatory of the 26 compact between the two said states dated April thirtieth, nineteen 27 hundred twenty-one. 28 PART XX 29 NARROWS BRIDGE 30 Section 2001. Determination to build bridge. 31 2002. Authorization for construction. 32 2003. Definitions. 33 2004. Authorization for agreement with the Triborough Authority. 34 2005. Funding. 35 2006. Bi-state covenant. 36 2007. Security bonds. 37 2008. Authorization to acquire real property. 38 2009. Prior consent required. 39 2010. Authorization of agents to enter property. 40 2011. Essential government function. 41 2012. Tax exemption on acquired property. 42 2013. Governmental nature. 43 2014. Agreement. 44 § 2001. Determination to build bridge. Upon the concurrence of the 45 state of New Jersey, the states of New York and New Jersey find, deter- 46 mine and agree that a bridge between Staten Island and Long Island, 47 constituting a part of the highway system of the port district, created 48 by their compact of April thirty, nineteen hundred twenty-one, will 49 facilitate the flow of traffic between the two states, will alleviate 50 congestion in the vehicular crossings of the Hudson river and will 51 promote the movement of commerce between the two states by providing a 52 direct connection between the state of New Jersey and Long Island in the 53 state of New York by way of Staten Island and that it is therefore the 54 policy of the two said states to provide such bridge.S. 4456 82 1 § 2002. Authorization for construction. In furtherance of the afore- 2 said policy, and in partial effectuation of the comprehensive plan here- 3 tofore adopted by the two said states for the development of the said 4 port district, the Port of New York Authority is hereby authorized and 5 empowered to construct, own, maintain and operate a bridge (hereinafter 6 called the Narrows bridge) over the Narrows of New York bay, and, in its 7 discretion (and so long as it shall retain title to such bridge), such 8 additions and improvements thereto and such approaches thereto and 9 connections with highways and with the bridges between New Jersey and 10 Staten Island as the Port Authority may deem necessary or desirable. 11 The Port Authority may effectuate such approaches or connections, in its 12 discretion, by agreement with any other public agency, which agreement 13 may provide for the construction, ownership, maintenance or operation of 14 such approaches or connections by such other public agency. 15 The Port Authority shall not commence the construction of the Narrows 16 bridge until after the execution of an agreement between the Port 17 Authority and the Triborough Bridge and Tunnel Authority (hereinafter 18 called the Triborough Authority) pursuant to section two thousand four 19 of this part. 20 § 2003. Definitions. The following terms as used in this part shall 21 mean: 22 "Bonds" shall mean bonds, notes, securities or other obligations or 23 evidences of indebtedness. 24 "General reserve fund statutes" shall mean chapter forty-eight of the 25 laws of New York of nineteen hundred thirty-one, as amended and contin- 26 ued by part XXIX of this article, and chapter five of the laws of New 27 Jersey of nineteen hundred thirty-one, as amended, and "general reserve 28 fund" shall mean the general reserve fund of the Port Authority author- 29 ized by said statutes. 30 "Narrows bridge" shall mean not only the bridge itself but also its 31 approaches, connections, additions and improvements. 32 "Narrows bridge bonds" shall mean bonds issued by the Port Authority 33 to provide funds for Narrows bridge purposes or bonds secured in whole 34 or in part by a pledge of the revenues of the Port Authority from the 35 Narrows bridge or bonds so issued and secured. 36 "Narrows bridge purposes" shall mean the effectuation, establishment, 37 construction, rehabilitation, improvement, maintenance or operation of 38 the Narrows bridge and purposes incidental thereto. 39 "Real property" shall mean lands, structures, franchises and interests 40 in land, waters, lands under water and riparian rights, and any and all 41 things and rights included within the said term, and includes not only 42 fees simple absolute but also any and all lesser interests, including 43 but not limited to easements, rights-of-way, uses, leases, licenses and 44 all other incorporeal hereditaments and every estate, interest or right, 45 legal or equitable, including terms for years and liens thereon by way 46 of judgments, mortgages or otherwise. 47 § 2004. Authorization for agreement with the Triborough Authority. 48 (a) The Port Authority is authorized and empowered to enter into an 49 agreement with the Triborough Authority (and from time to time to enter 50 into agreements amending the same) for the design, location, financing, 51 construction, maintenance and operation of the Narrows bridge and any 52 other matters of like or different character with respect to the Narrows 53 bridge, and by which the Port Authority may grant, convey, lease or 54 otherwise transfer to the Triborough Authority or to the city of New 55 York for the use and occupancy of the Triborough Authority any right, 56 title or interest of the Port Authority in the Narrows bridge and in anyS. 4456 83 1 part or parts thereof, upon such terms as may be determined by the Port 2 Authority and the Triborough Authority, including but not limited to 3 agreement as to the method of fixing the tolls, rents, charges and other 4 fees and the rules for the regulation of the use of the bridge. 5 (b) So long as the Port Authority shall retain title to the Narrows 6 bridge, it shall, so far as it deems it practicable, treat as a single 7 unified operation the effectuation of the Narrows bridge, the interstate 8 bridges and tunnels now operated by the Port Authority and any other 9 bridges or tunnels which it may construct or operate, raising moneys for 10 the construction thereof and for the making of additions and improve- 11 ments thereto in whole or in part upon its own obligations, and, except 12 as provided in such agreement or any amendment thereof, establishing and 13 levying such tolls, rents, charges and other fees as it may deem neces- 14 sary to secure from all of such bridges and tunnels as a group at least 15 sufficient revenue to meet the expenses of the effectuation of such 16 bridges and tunnels as a group, and to provide for the payment of the 17 interest upon and amortization and retirement of and the fulfillment of 18 the terms of all bonds which it may have issued in connection therewith. 19 Except as provided in such agreement or any amendment thereof, no other 20 agency or commission of either state shall have jurisdiction over the 21 Narrows bridge so long as the Port Authority shall retain title thereto, 22 and, except as so provided, all details of the design, location, financ- 23 ing, construction, leasing, tolls, rents, charges and other fees, 24 contracts, maintenance and operation of and rules for the regulation of 25 the use of the Narrows bridge so long as the Port Authority shall retain 26 title thereto shall be within its sole discretion and its decision in 27 connection with any and all matters concerning such bridge shall be 28 controlling and conclusive. 29 (c) The states of New York and New Jersey hereby consent to suits, 30 actions or proceedings against the Port Authority upon, in connection 31 with or arising out of such agreement or any amendment thereof, by the 32 Triborough Authority, or by the city of New York if and to the extent 33 that such agreement or any amendment thereof shall create rights in the 34 city of New York, as follows: 35 (1) For judgments, orders or decrees restraining or enjoining the Port 36 Authority from transferring title to real property to other persons in 37 cases where it has agreed with the Triborough Authority to transfer such 38 title to the Triborough Authority or to the city of New York for the use 39 and occupancy of the Triborough Authority, and 40 (2) For judgments, orders or decrees restraining or enjoining the Port 41 Authority from committing or continuing to commit other breaches of such 42 agreement or any amendment thereof; provided, that such judgment, order 43 or decree shall not be entered except upon two days' prior written 44 notice to the Port Authority of the proposed entry thereof and provided 45 further, that upon an appeal taken by the Port Authority from such judg- 46 ment, order or decree the service of the notice of appeal shall perfect 47 the appeal and shall stay the execution of such judgment, order or 48 decree appealed from, without an undertaking or other security. 49 Nothing herein contained shall be deemed to revoke, rescind or affect 50 any consents to suits, actions or proceedings against the Port Authority 51 heretofore given by the two said states in chapter three hundred one of 52 the laws of New York of nineteen hundred fifty and continued by part XIV 53 of this article and chapter two hundred four of the laws of New Jersey 54 of nineteen hundred fifty-one. 55 § 2005. Funding. The moneys in the general reserve fund of the Port 56 Authority may be pledged in whole or in part by the Port Authority asS. 4456 84 1 security for or applied by it to the repayment with interest of any 2 moneys which it may raise upon Narrows bridge bonds issued by it from 3 time to time and the moneys in said general reserve fund may be applied 4 by the Port Authority to the fulfillment of any other undertakings which 5 it may assume to or for the benefit of the holders of any such bonds. 6 Subject to prior liens and pledges (and to the obligation of the Port 7 Authority to apply revenues to the maintenance of its general reserve 8 fund in the amount prescribed by the general reserve fund statutes), the 9 revenues of the Port Authority from facilities established, constructed, 10 acquired or effectuated through the issuance or sale of bonds of the 11 Port Authority secured by a pledge of its general reserve fund may be 12 pledged in whole or in part as security for or applied by it to the 13 repayment with interest of any moneys which it may raise upon Narrows 14 bridge bonds, and said revenues may be applied by the Port Authority to 15 the fulfillment of any other undertakings which it may assume to or for 16 the benefit of the holders of such bonds. 17 In the event that at any time the balance of moneys theretofore paid 18 into the general reserve fund and not applied therefrom shall exceed an 19 amount equal to one-tenth of the par value of all bonds legal for 20 investment, as defined and limited in the general reserve fund statutes, 21 issued by the Port Authority and currently outstanding at such time, by 22 reason of the retirement of Narrows bridge bonds the par value of which 23 had theretofore been included in the computation of said one-tenth, then 24 the Port Authority may pledge or apply such excess for and only for the 25 purposes for which it is authorized by the general reserve fund statutes 26 to pledge the moneys in the general reserve fund, and such pledge may be 27 made in advance of the time when such excess may occur. 28 § 2006. Bi-state covenant. The two states covenant and agree with 29 each other and with the holders of Narrows bridge bonds as security for 30 which there may or shall be pledged (directly or indirectly, or through 31 the medium of its general reserve fund or otherwise) the revenues, or 32 any part thereof, of the Narrows bridge or any other facility owned or 33 operated by the Port Authority, that the two states will not, so long as 34 any of such bonds remain outstanding and unpaid, diminish or impair the 35 power of the Port Authority to establish, levy and collect tolls, rents, 36 charges or other fees in connection with the Narrows bridge (so long as 37 the Port Authority shall retain title to such bridge) or any such other 38 facility; and that the two said states will not, so long as any of such 39 bonds remain outstanding and unpaid and so long as the Port Authority 40 shall retain title to the Narrows bridge, authorize the construction of 41 any other vehicular bridges or tunnels (other than bridges or tunnels 42 exclusively for railway rapid transit purposes) between Staten Island 43 and Long Island by any person or body other than the Port Authority. 44 § 2007. Security bonds. Narrows bridge bonds are hereby made securi- 45 ties in which all state and municipal officers and bodies of both 46 states, all banks, bankers, trust companies, savings banks, building and 47 loan associations, savings and loan associations, investment companies 48 and other persons carrying on a banking business, all insurance compa- 49 nies, insurance associations and other persons carrying on an insurance 50 business, and all administrators, executors, guardians, trustees and 51 other fiduciaries, and all other persons whatsoever, who are now or may 52 hereafter be authorized by either state to invest in bonds of such 53 state, may properly and legally invest any funds, including capital, 54 belonging to them or within their control; and said bonds are hereby 55 made securities which may properly and legally be deposited with and 56 shall be received by any state or municipal officer or agency of eitherS. 4456 85 1 state for any purpose for which the deposit of bonds of such state is 2 now or may hereafter be authorized. 3 § 2008. Authorization to acquire real property. If the Port Authority 4 shall find it necessary or convenient to acquire any real property for 5 Narrows bridge purposes (including temporary construction, rehabili- 6 tation or improvement), whether for immediate or future use, the Port 7 Authority may find and determine that such property, whether a fee 8 simple absolute or a lesser interest, is required for a public use, and 9 upon such determination the said property shall be and shall be deemed 10 to be required for such public use until otherwise determined by the 11 Port Authority, and such determination shall not be affected by the fact 12 that such property has theretofore been taken for and is then devoted to 13 a public use; but the public use in the hands of or under the control of 14 the Port Authority shall be deemed superior to the public use in the 15 hands of any other person, association or corporation. If the Port 16 Authority shall find it necessary or convenient hereunder to acquire any 17 real property which is then devoted to a public use, the Port Authority 18 shall have power to exchange or substitute any other real property for 19 such real property upon terms agreed to by the Port Authority and the 20 owner of such property then devoted to a public use, and to find and 21 determine that such other real property is also required for a public 22 use; upon such determination the said other property shall be and shall 23 be deemed to be required for such public use. 24 The Port Authority may acquire and is hereby authorized to acquire any 25 real property in the state of New York required for a public use under 26 the preceding paragraph, whether a fee simple absolute or a lesser 27 estate, by the exercise of the right of eminent domain under and pursu- 28 ant to the eminent domain procedure law of the state of New York, or at 29 the option of the Port Authority pursuant to any other and alternate 30 procedure provided by law by such state. Nothing herein contained shall 31 be construed to prevent the Port Authority from bringing any proceedings 32 in either state to remove a cloud on title or such other proceedings as 33 it may, in its discretion, deem proper and necessary, or from acquiring 34 any such property in either state by negotiation or purchase. 35 Where a person entitled to an award remains in possession of such 36 property after the time of the vesting of title in the Port Authority, 37 the reasonable value of his use and occupancy of such property subse- 38 quent to such time, as fixed by agreement or by the court in such 39 proceedings or by any court of competent jurisdiction, shall be a lien 40 against such award, subject only to liens of record at the time of the 41 vesting of title in the Port Authority. 42 § 2009. Prior consent required. Anything in this part to the contrary 43 notwithstanding, no property now or hereafter vested in or held by the 44 city of New York shall be taken by the Port Authority without the 45 authority or consent of the city as provided in said compact of April 46 thirty, nineteen hundred twenty-one. The Port Authority is also hereby 47 authorized and empowered to acquire from said city by agreement there- 48 with, and the city, notwithstanding any contrary provision of law, is 49 hereby authorized and empowered to grant and convey upon reasonable 50 terms and conditions any real property which the Port Authority shall 51 find to be necessary for Narrows bridge purposes, including such real 52 property as has already been devoted to a public use. The state of New 53 York hereby consents to the use and occupation of the real property of 54 such state which the Port Authority shall find to be necessary for 55 Narrows bridge purposes, including lands of the state lying under water, 56 and the department, board or division or other agency of the state exer-S. 4456 86 1 cising supervision of such property shall execute such documents as it 2 may deem necessary to evidence the right to such use and occupation. 3 § 2010. Authorization of agents to enter property. The Port Authority 4 and its duly authorized agents, and all persons acting under its author- 5 ity and by its direction, may enter in the daytime into and upon any 6 real property which it shall be necessary so to enter, for the purpose 7 of making such surveys, diagrams, maps or plans, or for the purpose of 8 making such soundings or borings as the Port Authority may deem neces- 9 sary or convenient for the purposes of this part and the concurrent act 10 of the state of New Jersey. 11 § 2011. Essential government function. The construction, maintenance 12 and operation of the Narrows bridge are and will be in all respects for 13 the benefit of the people of the states of New York and New Jersey, for 14 the increase of their commerce and prosperity and for the improvement of 15 their health and living conditions and shall be deemed to be public 16 purposes; and the Port Authority shall be regarded as performing an 17 essential governmental function in undertaking the construction, mainte- 18 nance and operation thereof and in carrying out the provisions of law 19 relating thereto. 20 § 2012. Tax exemption on acquired property. No taxes or assessments 21 shall be levied or collected upon any property acquired or used for 22 Narrows bridge purposes. 23 § 2013. Governmental nature. Any declarations contained herein and in 24 the concurrent act of the state of New Jersey with respect to the 25 governmental nature and public purpose of the Narrows bridge and to the 26 exemption of Narrows bridge property from taxation and to the discretion 27 of the Port Authority with respect to the operation thereof shall not be 28 construed to imply that other Port Authority property and operations are 29 not of a governmental nature or do not constitute public purposes, or 30 that they are subject to taxation, or that the determinations of the 31 Port Authority with respect thereto are not conclusive. The powers 32 vested in the Port Authority herein and in the concurrent act of the 33 state of New Jersey (including but not limited to the powers to acquire 34 real property by condemnation and to make or effectuate additions, 35 improvements, approaches and connections) shall, except as herein other- 36 wise expressly stated, be continuing powers and no exercise thereof 37 shall be deemed to exhaust them or any of them. 38 The provisions of chapter forty-seven of the laws of New York of nine- 39 teen hundred thirty-one as continued by part III of this article and 40 chapter four of the laws of New Jersey of nineteen hundred thirty-one 41 shall not apply to the Narrows bridge. 42 § 2014. Agreement. This section and the preceding sections of this 43 part constitute an agreement between the states of New York and New 44 Jersey supplementary to the compact between the two states dated April 45 thirty, nineteen hundred twenty-one, and amendatory thereof, and shall 46 be 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 PART XXI 53 NEW JERSEY TURNPIKE CONNECTIONS 54 Section 2101. Definitions.S. 4456 87 1 2102. Authorization for agreement with New Jersey agencies. 2 2103. Securities. 3 § 2101. Definitions. As used in this part: 4 1. "Port authority" shall mean the Port of New York Authority; 5 2. "Bonds" shall mean bonds, notes, securities or other obligations or 6 evidences of indebtedness; 7 3. "Newark bay-Hudson county extension" shall mean the turnpike 8 project of the New Jersey Turnpike Authority extending between the 9 vicinity of Port street and Newark airport in the city of Newark and the 10 vicinity of the Holland tunnel in Hudson county, authorized by subdivi- 11 sion (c) of section one of chapter forty-one of the laws of New Jersey 12 of one thousand nine hundred forty-nine, as amended by chapter two 13 hundred eighty-six of the laws of New Jersey of one thousand nine 14 hundred fifty-one; 15 4. "Newark bay-Hudson county extension terminal connections" shall 16 mean the connections to the Newark bay-Hudson county extension at the 17 following locations: (a) at or in the vicinity of the westerly end of 18 the Newark bay-Hudson county extension to interconnect United States 19 Highway route 1, the turnpike toll plaza, Port street and Newark 20 airport, and (b) at or in the vicinity of the Holland tunnel plaza and 21 thence northerly in Hudson county to a point at grade at or in the 22 vicinity of Paterson avenue in the city of Hoboken. 23 § 2102. Authorization for agreement with New Jersey agencies. The 24 port authority is hereby authorized and empowered, in its discretion, to 25 enter into an agreement or agreements upon such terms and conditions as 26 it may deem in the public interest, with the New Jersey Turnpike Author- 27 ity, or the New Jersey state highway department, or both, whereby the 28 port authority may undertake to pay to such other party or parties to 29 such agreement or agreements such portion or portions of the cost of 30 constructing either or both of said Newark bay-Hudson county extension 31 terminal connections as the port authority shall determine to be propor- 32 tionate to the benefit to facilities owned or operated by the port 33 authority from such connections, whether or not such connections shall 34 constitute approaches or connections to such port authority facilities. 35 § 2103. Securities. The bonds which may be issued by the port authori- 36 ty to provide funds to make all or any portion of the payment or 37 payments required by an agreement or agreements authorized by section 38 twenty-one hundred two of this part and for purposes incidental thereto 39 are hereby made securities in which all state and municipal officers and 40 bodies of New Jersey and New York, all banks, bankers, trust companies, 41 savings banks, building and loan associations, saving and loan associ- 42 ations, investment companies and other persons carrying on a banking 43 business, all insurance companies, insurance associations and other 44 persons carrying on an insurance business, and all administrators, exec- 45 utors, guardians, trustees and other fiduciaries and all other persons 46 whatsoever are now or may hereafter be authorized by either the state of 47 New Jersey or the state of New York to invest in bonds or other obli- 48 gations of such state, may properly and legally invest any funds includ- 49 ing capital belonging to them or within their control; and said bonds 50 are hereby made securities which may properly and legally be deposited 51 with and shall be received by any state or municipal officer or agency 52 of either the state of New Jersey or the state of New York for any 53 purpose for which the deposit of bonds or other obligations of such 54 state is now or may hereafter be authorized.S. 4456 88 1 PART XXII 2 COMMUTER RAILROAD CARS 3 Section 2201. Commuter railroad cars. 4 § 2201. Commuter railroad cars. 1. Upon the concurrence of the state 5 of New Jersey, the states of New York and New Jersey agree that each 6 such state may elect by appropriate legislation to provide for the 7 purchase and rental by the port of New York authority of railroad cars 8 for passenger transportation in accordance with this part. 9 2. For the purpose of this part: 10 (a) "Port authority" shall mean the port of New York authority. 11 (b) "Commuter railroad of an electing state" shall mean a railroad 12 transporting passengers between municipalities in the portion of the 13 port of New York district within such state, the majority of the track- 14 age of which within the port of New York district utilized for the 15 transportation of passengers shall be in such state. 16 (c) "Railroad cars" shall mean railroad passenger cars, including 17 self-propelled cars, and locomotives and other rolling stock used in 18 passenger transportation. 19 3. (a) Upon the election by either state as provided in subdivision 20 one of this section, the port authority shall be authorized and 21 empowered to: 22 (i) purchase and own railroad cars for the purpose of leasing them to 23 any commuter railroad of such state; provided, however, that no rail- 24 road cars shall be so purchased except with advances received or money 25 borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor 26 shall the port authority incur expenses in connection with such purchase 27 and ownership except out of such advances or borrowed money or the 28 rentals received from such leasing; 29 (ii) receive and accept advances from such state for such purchase 30 upon such terms and conditions as such state may specify; 31 (iii) borrow money from any source for such purchase or for the repay- 32 ment of such advances or money borrowed, subject to the provisions of 33 paragraph (b) of this subdivision; 34 (iv) secure the repayment of principal of and interest upon any such 35 borrowed money by and only by a lien upon such railroad cars, a pledge 36 of the rentals therefrom and the liability of the electing state for the 37 repayment of such principal and interest; 38 (v) lease such railroad cars directly or indirectly to any commuter 39 railroad of such state upon such terms and conditions as the port 40 authority shall deem in the public interest, including postponement of 41 receipt of rentals by the port authority in the interest of increasing 42 and improving the service rendered to the commuting public; provided, 43 however, that no such lease shall become effective until it has been 44 approved in writing by the officer of the electing state designated by 45 appropriate legislation; and 46 (vi) sell or otherwise dispose of such cars upon such terms and condi- 47 tions and to such persons as the port authority shall deem in the public 48 interest, except as may be otherwise directed by such electing state. 49 (b) The port authority shall not borrow money pursuant to subparagraph 50 (iii) of paragraph (a) of this subdivision unless and until the electing 51 state shall have duly amended its constitution, if necessary, making or 52 authorizing making the state liable for the repayment of the money so 53 borrowed and interest thereon or for the fulfillment of the rental obli- 54 gations to the port authority, or both; and the port authority shallS. 4456 89 1 not borrow any such money unless and until the electing state shall be 2 made liable for the repayment of any such money. 3 4. The purchase and ownership by the port authority of railroad cars 4 and the rental thereof to commuter railroads of the states of New York 5 or New Jersey are and will be in all respects for the benefit of the 6 people of the said two states for the increase of their commerce and 7 prosperity and for the improvement of their health, safety and living 8 conditions and shall be deemed to be public purposes; and the port 9 authority shall be regarded as performing an essential governmental 10 function in undertaking such purchase, ownership and rental and in 11 carrying out the provisions of law relating thereto. 12 5. The bonds or other evidences of indebtedness which may be issued by 13 the port authority pursuant to this part are hereby made securities in 14 which all state and municipal officers and bodies, all banks, bankers, 15 trust companies, savings banks, savings and loan associations, invest- 16 ment companies and other persons carrying on a banking business, all 17 insurance companies, insurance associations and other persons carrying 18 on an insurance business, and all administrators, executors, guardians, 19 trustees and other fiduciaries and all other persons whatsoever who are 20 now or may hereafter be authorized to invest in bonds or other obli- 21 gations of the electing state, may properly and legally invest any 22 funds, including capital, belonging to them or within their control; 23 and said bonds or other evidences of indebtedness are hereby made secu- 24 rities which may properly and legally be deposited with and shall be 25 received by any state or municipal officer or agency for any purpose for 26 which the deposit of bonds or other evidences of indebtedness of the 27 electing state is now or may hereafter be authorized. Such bonds or 28 other evidences of indebtedness shall constitute negotiable instruments. 29 Notwithstanding the provisions of this or any other legislation the 30 rentals received by the port authority from the leasing of any railroad 31 cars under this part shall not be pooled or applied to the establishment 32 or maintenance of any reserve fund of the port authority pledged as 33 security for any bonds or other evidences of indebtedness other than 34 those issued pursuant to this part, and the bonds or other evidences of 35 indebtedness issued pursuant to this part shall not be included in meas- 36 uring the principal amount of bonds or other evidences of indebtedness 37 upon which the amount of any such reserve fund is calculated. 38 6. No taxes or assessments shall be levied or collected upon any rail- 39 road cars owned by the port authority pursuant to this part or upon any 40 leasehold interest therein. 41 7. (a) The state of New York hereby elects pursuant to subdivision one 42 of this section to provide for the purchase and rental by the port 43 authority of railroad cars on the commuter railroads of this state. The 44 commissioner of the department of transportation is hereby designated as 45 the officer of this state for the approval of leases pursuant to subpar- 46 agraph (v) of paragraph (a) of subdivision three of this section. 47 (b) In the event that this state shall make advances to the port 48 authority for the purchase and rental of railroad cars, the port author- 49 ity shall repay any such advances, pursuant to an appropriate written 50 agreement with the director of the budget entered into prior to the 51 requisitioning of such advances, out of money borrowed for such purpose 52 under subparagraph (iii) of paragraph (a) of subdivision three of this 53 section. Except as so repaid, such advances shall be repaid annually by 54 the port authority to the extent and only to the extent that the port 55 authority shall have received rentals, directly or indirectly, from all 56 the commuter railroads of this state to which railroad cars have beenS. 4456 90 1 leased under this part in excess of the components of such rentals which 2 represent the port authority's administrative, legal and financial 3 expenses in connection with the purchase, ownership and lease. 4 (c) In the event that railroad cars purchased by the port authority 5 are sold upon the default of any lessee thereof, the port authority 6 shall deduct from the proceeds of such sale its unpaid administrative, 7 legal and financial expenses in connection with such lease and sale and 8 an amount equal to the unpaid principal and interest and mandatory 9 redemption premiums, whenever payable, upon its outstanding bonds or 10 other evidences of indebtedness, the proceeds of the issuance of which 11 shall have been applied to the purchase of the railroad cars sold and 12 shall pay the balance to this state, but the port authority shall have 13 full authority to agree with any other creditors of such lessee, either 14 in advance of or after default, as to the order of payment to the port 15 authority and such other creditors, either out of the assets of such 16 lessee available for such creditors, including the port authority, or 17 out of the proceeds of the joint sale of various properties of such 18 creditors theretofore used by such lessee, including such railroad cars 19 of the port authority. 20 (d) Except as provided in paragraph (c) of this subdivision, any rail- 21 road cars purchased by the port authority with the proceeds of the issu- 22 ance by the port authority of any series of bonds or other evidences of 23 indebtedness shall become the property of this state after the final 24 payment of all the bonds or other evidences of indebtedness of such 25 series, and thereafter shall be held by the port authority subject to 26 the disposition of this state, and any railroad cars purchased by the 27 port authority with any advances from this state shall become the prop- 28 erty of this state upon the repayment of all such advances solely out of 29 rentals in excess of the port authority's administrative, legal and 30 financial expenses in connection therewith; or if the proceeds of port 31 authority bonds or other evidences of indebtedness of any series shall 32 have been applied to repay all or any portion of such advances, then 33 such cars shall become the property of this state upon the final payment 34 of all such bonds or other evidences of such indebtedness of such 35 series. 36 (e)(i) To the extent authorized by the constitution at the time of the 37 issuance of bonds or notes of the port authority for any of the purposes 38 of this part, the punctual payment of such bonds and notes shall be, and 39 the same hereby is, fully and unconditionally guaranteed by the state of 40 New York, both as to principal and interest, according to their terms; 41 and such guaranty shall be expressed upon the face thereof by the signa- 42 ture or facsimile signature of the comptroller or a deputy comptroller 43 of the state of New York. If the port authority shall fail to pay, when 44 due, the principal of, or interest upon, such bonds or notes, such comp- 45 troller shall pay the holder thereof. In furtherance of such guaranty 46 of punctual payment, if the comptroller of this state shall receive 47 written notice from the trustee or other fiduciary or other duly author- 48 ized representative of the holder or holders of such bonds and notes 49 designated in any agreement between the port authority and such holder 50 or holders that the port authority has failed to make or deposit any 51 payment of interest or principal required by such agreement to or with 52 such trustee or fiduciary or otherwise at or before the time specified 53 in such agreement, then such comptroller shall within three days of the 54 receipt of such notice pay to such trustee or fiduciary or other duly 55 authorized representative the amount necessary to meet any deficiency in 56 the payment of such interest and principal, when due.S. 4456 91 1 If the comptroller shall make a payment or payments pursuant to this 2 subparagraph, the state shall be subrogated to the rights of the bond- 3 holders or noteholders to whom, or on account of whom, such payment or 4 payments were made, in and to the revenues pledged to such holders; and 5 for such purpose, to the extent any such revenues in the hands of the 6 port authority may be inadequate to repay such payment or payments made 7 by the state, the state shall be further subrogated to the rights of the 8 port authority to recover any rentals due and unpaid to the port author- 9 ity as of the date of such payment or payments and pledged to such hold- 10 ers as aforesaid. 11 (ii) Such bonds and notes shall be sold by the port authority in such 12 manner and at such time as the port authority, with the approval of the 13 comptroller, shall determine. The proceeds of each sale of bonds or 14 notes shall be applied to the purpose or purposes set forth in the 15 resolution of the port authority authorizing the issuance of such bonds 16 or notes. If, after having accomplished the purpose or purposes set 17 forth in such resolution there remains any unexpended balance (including 18 interest earned by the port authority on such proceeds), such unexpended 19 balance shall be applied by the port authority, to the extent practica- 20 ble, to the purchase for retirement or to the redemption of bonds or 21 notes included in such sale, or otherwise as the port authority may 22 determine for the purposes of this part. If any commuter car, the 23 acquisition of which is financed or refinanced by the issuance of bonds 24 or notes under this part, be lost, damaged or destroyed, the proceeds of 25 any insurance policies covering such loss, damage or destruction or any 26 payments made to the port authority by the lessee of such car on account 27 of such loss, damage or destruction shall be applied by the port author- 28 ity, to the extent practicable, to the purchase for retirement or to the 29 redemption of bonds or notes of such series, or otherwise as the port 30 authority may determine for the purposes of this part. 31 (iii) The port authority is designated as the agent of the state of 32 New York for the purpose of selling, leasing or otherwise disposing of 33 any railroad cars which shall become the property of the state pursuant 34 to paragraph (d) of this subdivision. As such agent the port authority 35 may agree, upon such terms and conditions as may be deemed appropriate 36 by it, with any lessee of railroad cars or with any other person, either 37 in advance of or after the time when such cars shall become the property 38 of the state, so to sell, lease or otherwise dispose of such cars. In 39 the event any such cars are so sold, leased or otherwise disposed of by 40 the port authority, the port authority shall pay over to the state, as 41 promptly after receipt as may be practicable, any balance of the 42 proceeds thereof, which remain after deduction of the port authority's 43 administrative, legal and financial expenses in connection with or aris- 44 ing out of such sale, lease or other disposition. 45 PART XXIII 46 WORLD TRADE CENTER 47 Section 2301. World trade center. 48 § 2301. World trade center. 1. The states of New York and New Jersey 49 hereby find and determine: 50 (a) that the transportation of persons to, from and within the port of 51 New York, and the flow of foreign and domestic cargoes to, from and 52 through the port of New York are vital and essential to the preservation 53 of the economic well-being of the northern New Jersey-New York metropol- 54 itan area;S. 4456 92 1 (b) that in order to preserve the northern New Jersey-New York metro- 2 politan area from economic deterioration, adequate facilities for the 3 transportation of persons must be provided, preserved and maintained and 4 that rail services are and will remain of extreme importance to such 5 transportation of persons; 6 (c) that the interurban electric railway now or heretofore operated by 7 the Hudson & Manhattan railroad company is an essential railroad facili- 8 ty serving the northern New Jersey-New York metropolitan area, that its 9 physical plant is in a severely deteriorated condition, and that it is 10 in extreme financial condition; 11 (d) that the immediate need for the maintenance and development of 12 adequate railroad facilities for the transportation of persons between 13 northern New Jersey and New York would be met by the acquisition, reha- 14 bilitation and operation of the said Hudson & Manhattan interurban elec- 15 tric railway by a public agency, and improvement and extensions of the 16 rail transit lines of said railway to permit transfer of its passengers 17 to and from other transportation facilities and in the provision of 18 transfer facilities at the points of such transfers; 19 (e) that in order to preserve and protect the position of the port of 20 New York as the nation's leading gateway for world commerce it is incum- 21 bent on the states of New York and New Jersey to make every effort to 22 insure that their port receives its rightful share of the oceanborne 23 cargo volumes generated by the economy of the nation; 24 (f) that the servicing functions and activities connected with the 25 oceanborne and overseas airborne trade and commerce of the port of New 26 York district as defined in the compact between the said two states 27 dated April thirty, nineteen hundred twenty-one (hereinafter called the 28 port district), including customs clearance, shipping negotiations, 29 cargo routing, freight forwarding, financing, insurance arrangements and 30 other similar transactions which are presently performed in various, 31 scattered locations in the city of New York, state of New York, should 32 be centralized to provide for more efficient and economical transporta- 33 tion of persons and more efficient and economical facilities for the 34 exchange and buying, selling and transportation of commodities and other 35 property in world trade and commerce; 36 (g) that unification, at a single, centrally located site, of the 37 principal New York terminal of the aforesaid interurban electric railway 38 and a facility of commerce accommodating the said functions and activ- 39 ities described in paragraph (f) of this subdivision and the appropriate 40 governmental, administrative and other services connected with or inci- 41 dental to transportation of persons and property and the promotion and 42 protection of port commerce, and providing a central locale for exhibit- 43 ing and otherwise promoting the exchange and buying and selling of 44 commodities and property in world trade and commerce, will materially 45 assist in preserving for the two states and the people thereof the mate- 46 rial and other benefits of a prosperous port community; 47 (h) that the port authority, which was created by agreement of the two 48 states as their joint agent for the development of the transportation 49 and terminal facilities and other facilities of commerce of the port 50 district and for the promotion and protection of the commerce of their 51 port, is the proper agency to act in their behalf (either directly or by 52 or through wholly-owned subsidiary corporations) to effectuate, as a 53 unified project, the said interurban electric railway and its extensions 54 and the facility of commerce described in paragraph (g) of this subdivi- 55 sion; andS. 4456 93 1 (i) that the undertaking of the aforesaid unified project by the port 2 authority has the single object of preserving, and is part of a unified 3 plan to aid in the preservation of, the economic well-being of the 4 northern New Jersey-New York metropolitan area and is found and deter- 5 mined to be in the public interest. 6 2. The following terms as used in this act shall have the following 7 meanings: 8 (a) "Bonds" shall mean bonds, notes, securities or other obligations 9 or evidences of indebtedness; 10 (b) "Effectuation" of a project or any facility or part of a facility 11 constituting a portion of a project shall include but not be limited to 12 its establishment, acquisition, construction, development, maintenance, 13 operation, improvement (by way of betterments, additions or otherwise) 14 and rehabilitation; 15 (c) "Exchange place terminal area" shall mean the area in the city of 16 Jersey City, state of New Jersey, bounded generally by Exchange place 17 and Montgomery street, by Warren street, by Pearl street, by Greene 18 street, and by Morgan street as extended to the bulkhead line and by 19 said bulkhead line, together with such additional contiguous area as may 20 be agreed upon from time to time between the port authority and the said 21 city; 22 (d) "General reserve fund statutes" shall mean chapter forty-eight of 23 the laws of New York of nineteen hundred thirty-one as amended and 24 continued by part XXIX of this article, and chapter five of the laws of 25 New Jersey of nineteen hundred thirty-one as amended, and "general 26 reserve fund" shall mean the general reserve fund of the port authority 27 authorized by said statutes; 28 (e) "Hudson tubes" shall mean that portion of the port development 29 project constituting a railroad facility consisting of the four inter- 30 state rail tunnels under the Hudson river now or heretofore owned or 31 operated by the Hudson & Manhattan railroad company, the rail transit 32 lines of the Hudson tubes, the balance of the interurban electric rail- 33 way system in and through said tunnels and over said lines and inci- 34 dental thereto (including but not limited to the portion of such lines 35 and system now or heretofore operated jointly by said railroad company 36 and the Pennsylvania railroad company), terminals, including but not 37 limited to terminals in the Hudson tubes-world trade center area, in the 38 Journal square terminal area and in the Exchange place terminal area, 39 and other related railroad property; 40 (f) "Hudson tubes extensions" shall mean those portions of the port 41 development project constituting passenger railroad facilities (1) 42 extending directly from the rail transit lines of the Hudson tubes, over 43 new rail transit lines or on or over the existing rail transit lines of 44 other railroads, to transfer facilities in the rail passenger transfer 45 area, for the transfer of passengers of the Hudson tubes to and from 46 other railroads, and (2) extending from Pennsylvania station in the city 47 of Newark, state of New Jersey, over new rail transit lines or on or 48 over the existing rail transit lines of other railroads, to the vicinity 49 of the city of Plainfield, state of New Jersey, including construction, 50 reconstruction and improvement of necessary stations in and between the 51 city of Newark and the vicinity of the city of Plainfield, together with 52 such additional rail or other mass transportation, terminal, station, 53 parking, storage and service facilities as operations may require, and 54 shall include a connection to provide improved access to Newark interna- 55 tional airport if and to the extent such connection shall not be other- 56 wise provided by the port authority as air terminal facilities for saidS. 4456 94 1 airport, and (3) consisting of the following improvements to passenger 2 railroad lines connecting with the Hudson tubes: (i) direct track 3 connections between the rail transit lines of the Morris & Essex divi- 4 sion of the Erie-Lackawanna railroad and the Penn Central transportation 5 company in the vicinity of the town of Kearny in the state of New 6 Jersey, (ii) replacement of the railroad bridge (known as the "portal 7 bridge") operated by the Penn Central transportation company across the 8 Hackensack river, (iii) direct track connections between the rail trans- 9 it lines of the Bergen branch and the mail line of the Erie-Lackawanna 10 railroad in the vicinity of the town of Secaucus in the state of New 11 Jersey and between the new joint line resulting from such connections 12 and the rail transit lines of the Penn Central transportation company in 13 the vicinity of the town of Secaucus in the state of New Jersey, (iv) a 14 new railroad yard in the vicinity of the town of Secaucus in the state 15 of New Jersey for the accommodation of railroad passenger equipment, (v) 16 improvements to Pennsylvania station in the city of New York, state of 17 New York, and to its railroad approaches from the state of New Jersey, 18 as necessary or desirable to improve operations and to increase train 19 and passenger handling capacity, and (vi) such additional rail or other 20 mass transportation, terminal, station, parking, storage and service 21 facilities as operations may require with respect to any of the projects 22 identified in this subparagraph or any of the foregoing or any portion 23 thereof; and, in addition thereto, other related railroad property; 24 (g) "Hudson tubes-world trade center area" shall mean the area in the 25 borough of Manhattan, city and state of New York, bounded generally by 26 the east side of Church street on the east, the south side of Liberty 27 street and the south side of Liberty street extended on the south, the 28 Hudson river on the west, and on the north by a line beginning at the 29 point of intersection of the Hudson river and the north side of Vesey 30 street extended, running along the north side of Vesey street extended 31 and the north side of Vesey street to the west side of Washington 32 street, then along the west side of Washington street to the north side 33 of Barclay street, then along the north side of Barclay street to the 34 east side of West Broadway, then along the east side of West Broadway to 35 the north side of Vesey street, then along the north side of Vesey 36 street to the east side of Church street, together with such additional 37 contiguous area as may be agreed upon from time to time between the port 38 authority and the said city; 39 (h) "Journal square terminal area" shall mean the area in the city of 40 Jersey City, state of New Jersey, bounded generally by Journal square, 41 Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together 42 with such additional contiguous area as may be agreed upon from time to 43 time between the port authority and the said city; 44 (i) "Municipality" shall mean a county, city, borough, village, town, 45 township or other similar political subdivision of New York or New 46 Jersey; 47 (j) "Parking facilities" forming a part of the Hudson tubes or Hudson 48 tubes extensions shall mean one or more areas, buildings, structures, 49 improvements or other accommodations or appurtenances at or in the 50 vicinity of any terminal or station of the Hudson tubes or Hudson tubes 51 extensions and necessary, convenient or desirable in the opinion of the 52 port authority for the parking of motor vehicles of users of the Hudson 53 tubes or the Hudson tubes extensions and of members of the general 54 public and for the parking and storage of omnibuses and railroad cars 55 serving users of the Hudson tubes or the Hudson tubes extensions and for 56 the transfer of the operators and passengers of such motor vehicles,S. 4456 95 1 omnibuses and railroad cars to and from the railroad cars of the Hudson 2 tubes or the Hudson tubes extensions, and for purposes incidental there- 3 to; 4 (k) "Purposes of this part" shall mean the effectuation of the port 5 development project and of each facility constituting a portion thereof 6 and of each part of each such facility, and purposes incidental thereto; 7 (l) "Rail passenger transfer area" shall mean the area in the state of 8 New Jersey bounded as follows: beginning on the west bank of the Hudson 9 river at the southerly side of the right-of-way of the Central railroad 10 of New Jersey easterly of the Communipaw station in the city of Jersey 11 City, thence northwestwardly along said southerly side of the right-of- 12 way of the Central railroad of New Jersey through the cities of Jersey 13 City and Kearny to Broad street in the city of Newark; thence northward- 14 ly along Broad street to Clay street, thence eastwardly along Clay 15 street to the boundary between the counties of Hudson and Essex in the 16 Passaic river, thence northwardly along said boundary to its inter- 17 section with the boundary line between the counties of Bergen and 18 Hudson, thence eastwardly and northwardly along said boundary to New 19 Jersey state highway route three, thence eastwardly along said route 20 three, the Lincoln tunnel viaduct and a line in continuation of said 21 viaduct and tunnel to the west bank of the Hudson river, thence south- 22 wardly along said west bank to the point and place of beginning; 23 (m) "Rail transit lines" shall mean right-of-way and related trackage, 24 and the "rail transit lines of the Hudson tubes" shall mean the rail 25 transit lines beginning at the Market street station of the Pennsylvania 26 railroad company in the city of Newark, state of New Jersey and extend- 27 ing generally (i) eastwardly along the joint service and operating route 28 now or heretofore used by the Hudson & Manhattan railroad company and 29 the Pennsylvania railroad company to the point of connection thereof 30 with the tracks now or formerly of the Hudson & Manhattan railroad 31 company in or about the Journal square terminal area; thence (ii) 32 continuing eastwardly along the tracks and right-of-way now or hereto- 33 fore used by the Hudson & Manhattan railroad company through the city of 34 Jersey City, state of New Jersey and through the tunnels under the 35 waters of the Hudson river and through Cortlandt and Fulton streets in 36 the borough of Manhattan, city and state of New York to the Hudson 37 terminal in the Hudson tubes-world trade center area; with a branch from 38 the aforesaid route from a point located between the Grove street and 39 Exchange place stations in said city of Jersey City northwardly and 40 eastwardly to the Hoboken terminal station in the city of Hoboken, state 41 of New Jersey and with a second branch from said first branch eastwardly 42 and through the tunnels under the waters of the Hudson river to the said 43 borough of Manhattan passing through or adjacent to Morton street, 44 Greenwich street, Christopher street and the avenue of the Americas 45 (formerly Sixth avenue) to the West Thirty-third street terminal in said 46 borough of Manhattan; and rail transit lines of the Hudson tubes and of 47 the Hudson tubes extensions shall in each case include such rail transit 48 lines as the port authority may deem necessary, convenient or desirable 49 to and from parking facilities, storage yards, maintenance and repair 50 shops and yards forming part thereof; 51 (n) "Real property" shall mean lands, structures, franchises and 52 interests in land, waters, lands under water and riparian rights and any 53 and all things and rights included within said term, and includes not 54 only fees simple absolute but also any and all lesser interests, includ- 55 ing but not limited to easements, rights-of-way, uses, leases, licenses 56 and all other incorporeal hereditaments and every estate, interest orS. 4456 96 1 right, legal or equitable, including terms for years, and liens thereon 2 by way of judgments, mortgages or otherwise; 3 (o) "Related railroad property" shall mean any property, real, 4 personal or mixed, necessary, convenient or desirable, in the opinion of 5 the port authority, to the effectuation of a railroad facility which is 6 a portion of the port development project and shall include but not be 7 limited to rail transit lines; terminals and stations; power, fuel, 8 communication, signal and ventilation systems; cars and other rolling 9 stock; storage yards; repair and maintenance shops, yards, equipment and 10 parts; parking facilities; transfer facilities for transfer of passen- 11 gers between such railroad facility and other railroads or omnibuses; 12 offices; and other buildings, structures, improvements, areas, equipment 13 or supplies; and, in the case of buildings, structures, improvements or 14 areas in which any one or more of such railroad functions are accommo- 15 dated shall include all of such buildings, structures, improvements or 16 areas notwithstanding that portions thereof may not be devoted to any of 17 the purposes of the port development project other than the production 18 of incidental revenue available for the expenses of all or part of the 19 port development project, except that in the Hudson tubes-world trade 20 center area the portions of such buildings, structures, improvements or 21 areas constructed or established pursuant to this part which are not 22 devoted primarily to railroad functions, activities or services or to 23 functions, activities or services for railroad passengers shall be 24 deemed a part of the world trade center and not related railroad proper- 25 ty; 26 (p) "Surplus revenues" from any facility shall mean the balance of the 27 revenues from such facility (including but not limited to the revenues 28 of any subsidiary corporation incorporated for any of the purposes of 29 this act) remaining at any time currently in the hands of the port 30 authority after the deduction of the current expenses of the operation 31 and maintenance thereof, including a proportion of the general expenses 32 of the port authority as it shall deem properly chargeable thereto, 33 which general expenses shall include but not be limited to the expense 34 of protecting and promoting the commerce of the port district, and after 35 the deduction of any amounts which the port authority may or shall be 36 obligated or may or shall have obligated itself to pay to or set aside 37 out of the current revenues therefrom for the benefit of the holders of 38 any bonds legal for investment as defined in the general reserve fund 39 statutes; 40 (q) "Surplus revenues of the port development project" shall mean the 41 surplus revenues of the Hudson tubes, the Hudson tubes extensions and 42 the world trade center; and 43 (r) "World trade center" shall mean that portion of the port develop- 44 ment project constituting a facility of commerce consisting of one or 45 more buildings, structures, improvements and areas necessary, convenient 46 or desirable in the opinion of the port authority for the centralized 47 accommodation of functions, activities and services for or incidental to 48 the transportation of persons, the exchange, buying, selling and trans- 49 portation of commodities and other property in world trade and commerce, 50 the promotion and protection of such trade and commerce, governmental 51 services related to the foregoing and other governmental services, 52 including but not limited to custom houses, customs stores, inspection 53 and appraisal facilities, foreign trade zones, terminal and transporta- 54 tion facilities, parking areas, commodity and security exchanges, 55 offices, storage, warehouse, marketing and exhibition facilities and 56 other facilities and accommodations for persons and property and, in theS. 4456 97 1 case of buildings, structures, improvements and areas in which such 2 accommodation is afforded, shall include all of such buildings, struc- 3 tures, improvements and areas other than portions devoted primarily to 4 railroad functions, activities or services or to functions, activities 5 or services for railroad passengers, notwithstanding that other portions 6 of such buildings, structures, improvements and areas may not be devoted 7 to purposes of the port development project other than the production of 8 incidental revenue available for the expenses of all or part of the port 9 development project. 10 3. In furtherance of the aforesaid findings and determinations and in 11 partial effectuation of and supplemental to the comprehensive plan here- 12 tofore adopted by the two said states for the development of the said 13 port district, the port authority is hereby authorized and empowered to 14 establish, acquire, construct, effectuate, develop, own, lease, main- 15 tain, operate, improve and rehabilitate a project herein referred to as 16 the port development project, which shall consist of a facility of 17 commerce herein referred to as the world trade center, to be located 18 within the Hudson tubes-world trade center area, and railroad facilities 19 herein referred to as the Hudson tubes and the Hudson tubes extensions. 20 The port authority shall proceed as rapidly as may be practicable to 21 accomplish the purposes of this part. 22 The port authority is hereby authorized and empowered to establish, 23 levy and collect such rentals, tolls, fares, fees and other charges as 24 it may deem necessary, proper or desirable in connection with any facil- 25 ity or part of any facility constituting a portion of the port develop- 26 ment project and to issue bonds for any of the purposes of this part and 27 to provide for payment thereof, with interest upon and the amortization 28 and retirement of such bonds, and to secure all or any portion of such 29 bonds by a pledge of such rentals, tolls, fares, fees, charges and other 30 revenues or any part thereof (including but not limited to the revenues 31 of any subsidiary corporation incorporated for any of the purposes of 32 this part), and to secure all or any portion of such bonds by mortgages 33 upon any property held or to be held by the port authority (or by any 34 such subsidiary corporation) for any of the purposes of this part, and 35 for any of the purposes of this part to exercise all appropriate powers 36 heretofore or hereafter delegated to it by the states of New York and 37 New Jersey, including, but not limited to, those expressly set forth in 38 this part. The surplus revenues of the port development project may be 39 pledged in whole or in part as hereinafter provided. 40 Unless and until hereafter expressly authorized by the two states the 41 port authority shall not: (a) operate or permit operation by others of 42 its Hudson tubes railroad cars or other rolling stock or equipment or 43 Hudson tubes extensions railroad cars or other rolling stock or equip- 44 ment except upon the rail transit lines of the Hudson tubes or of the 45 Hudson tubes extensions and also between the Market street station and 46 the South street station of the Pennsylvania railroad company in the 47 city of Newark, state of New Jersey; or (b) except by way of Hudson 48 tubes extensions as herein defined, make additions, betterments or other 49 improvements to or of said Hudson tubes or Hudson tubes extensions by 50 way of extensions of their rail transit lines. Nothing herein contained 51 shall be deemed to prevent the making by the port authority of such 52 joint service or other agreements with railroads as it shall deem neces- 53 sary, convenient or desirable for the use of the Hudson tubes and Hudson 54 tubes extensions by the railroad cars or other rolling stock or equip- 55 ment of such railroads and the acquisition of the rights of any or all 56 parties in any joint service or other agreements the Hudson & ManhattanS. 4456 98 1 railroad company or its successors shall have made with other railroads 2 for such use of the Hudson tubes. The port authority shall not proceed 3 with the effectuation of any railroad or railroad facility in addition 4 to the Hudson tubes and the Hudson tubes extensions until hereafter 5 expressly authorized by the two states. Nothing contained in this part 6 shall authorize or empower the port authority to establish, construct or 7 otherwise effectuate an air terminal. 8 4. The moneys in the general reserve fund may be pledged in whole or 9 in part by the port authority as security for or applied by it to the 10 repayment with interest of any moneys which it may raise upon bonds 11 issued or incurred by it from time to time for any of the purposes of 12 this part or upon bonds secured in whole or in part by the pledge of the 13 revenues from the port development project or any portion thereof or 14 upon bonds both so issued or incurred and so secured; and the moneys in 15 said general reserve fund may be applied by the port authority to the 16 fulfillment of any other undertakings which it may assume to or for the 17 benefit of the holders of any such bonds. 18 Subject to prior liens and pledges (and to the obligation of the port 19 authority to apply revenues to the maintenance of its general reserve 20 fund in the amount prescribed by the general reserve fund statutes), the 21 revenues from facilities established, constructed, acquired or otherwise 22 effectuated through the issuance or sale of bonds of the port authority 23 secured in whole or in part by a pledge of its general reserve fund or 24 any portion thereof may be pledged in whole or in part as security for 25 or applied by it to any of the purposes of this part, including the 26 repayment with interest of any moneys which it may raise upon bonds 27 issued or incurred from time to time for any of the purposes of this 28 part or upon bonds secured in whole or in part by the pledge of the 29 revenues of the port authority from the port development project or any 30 portion thereof or upon bonds both so issued or incurred and so secured; 31 and said revenues may be applied by the port authority to the fulfill- 32 ment of any other undertakings which it may assume to or for the benefit 33 of the holders of such bonds. 34 5. In all cases where the port authority has raised or shall hereafter 35 raise moneys for any of the purposes of this part by the issue and sale 36 of bonds which are secured in whole or in part by a pledge of the gener- 37 al reserve fund or any portion thereof, the surplus revenues from any 38 facility constituting a portion of the port development project and 39 financed in whole or in part out of the proceeds of such bonds and the 40 surplus revenue from any other port authority facility the surplus 41 revenues of which at such time may be payable into the general reserve 42 fund shall be pooled and applied by the port authority to the establish- 43 ment and maintenance of the general reserve fund in an amount equal to 44 one-tenth of the par value of all bonds legal for investment, as defined 45 in the general reserve fund statutes, issued by the port authority and 46 currently outstanding, including such bonds issued for any of the 47 purposes of this part; and all such moneys in said general reserve fund 48 may be pledged and applied in the manner provided in the general reserve 49 fund statutes. 50 In the event that any time the balance of moneys theretofore paid into 51 the general reserve fund and not applied therefrom shall exceed an 52 amount equal to one-tenth of the par value of all bonds upon the princi- 53 pal amount of which the amount of the general reserve fund is calcu- 54 lated, by reason of the retirement of bonds issued or incurred from time 55 to time for any of the purposes of this part the par value of which had 56 theretofore been included in the computation of said amount of theS. 4456 99 1 general reserve fund, then the port authority may pledge or apply such 2 excess for and only for the purposes for which it is authorized by the 3 general reserve fund statutes to pledge the moneys in the general 4 reserve fund and such pledge may be made in advance of the time when 5 such excess may occur. 6 6. The two states covenant and agree with each other and with the 7 holders of any affected bonds, as hereinafter defined, that so long as 8 any of such bonds remain outstanding and unpaid and the holders thereof 9 shall not have given their consent as provided in their contract with 10 the port authority, the two states will not diminish or impair the power 11 of the port authority (or any subsidiary corporation incorporated for 12 any of the purposes of this part) to establish, levy and collect 13 rentals, tolls, fares, fees or other charges in connection with any 14 facility constituting a portion of the port development project or any 15 other facility owned or operated by the port authority of which the 16 revenues have been or shall be pledged in whole or in part as security 17 for such bonds (directly or indirectly, or through the medium of the 18 general reserve fund or otherwise), or to determine the quantity, quali- 19 ty, frequency or nature of the service provided in connection with each 20 such facility. 21 "Affected bonds" as used in this subdivision shall mean bonds of the 22 port authority issued or incurred by it from time to time for any of the 23 purposes of this part or bonds as security for which there may or shall 24 be pledged, in whole or in part, the general reserve fund or any reserve 25 fund established by or pursuant to contract between the port authority 26 and the holders of such bonds, or the revenues of the world trade 27 center, Hudson tubes, Hudson tubes extensions or any other facility 28 owned or operated by the port authority any surplus revenues of which 29 would be payable into the general reserve fund, or bonds both so issued 30 or incurred and so secured. 31 7. The port authority is authorized and empowered to co-operate with 32 the states of New York and New Jersey, with any municipality, with the 33 federal government and with any agency or commission of any one or more 34 of the foregoing, or with any one or more of them, for and in connection 35 with the acquisition, clearance, replanning, rehabilitation, recon- 36 struction or redevelopment of the Hudson tubes-world trade center area 37 or of any other area forming part of the port development project for 38 the purpose of renewal and improvement of said area and for any of the 39 purposes of this part, and to enter into an agreement or agreements (and 40 from time to time to enter into agreements amending or supplementing the 41 same) with any such municipality, commission or agency and with the 42 states of New York and New Jersey and with the federal government, or 43 with any one or more of them, for or relating to such purposes, includ- 44 ing but not limited to agreements with respect to financial assistance, 45 loans and grants as provided in title one of the housing act of nineteen 46 hundred forty-nine and all federal laws amendatory and supplemental 47 thereto and with respect to occupancy of space in the port development 48 project. The port authority is hereby authorized and empowered to apply 49 for and accept financial assistance, loans and grants for such purposes 50 under federal, state or local laws, and to make application directly to 51 the proper officials or agencies for and receive federal, state or local 52 loans or grants in aid of any of the purposes of this part. 53 8. Notwithstanding any contrary provision of law, general, special or 54 local, either state and any municipality and any commission or agency of 55 either or both of said two states is authorized and empowered to co-op- 56 erate with the port authority and to enter into an agreement or agree-S. 4456 100 1 ments (and from time to time to enter into agreements amending or 2 supplementing the same) with the port authority for and in connection 3 with or relating to the acquisition, clearance, replanning, rehabili- 4 tation, reconstruction, or redevelopment of the Hudson tubes-world trade 5 center area or of any other area forming part of the port development 6 project for the purpose of renewal and improvement of said area as afor- 7 esaid and for any of the purposes of this part, upon such reasonable 8 terms and conditions as may be determined by such state, municipality, 9 agency or commission and the port authority. Such agreement may, without 10 limiting the generality of the foregoing, include consent to the use by 11 the port authority of any real property owned or to be acquired by said 12 state, municipality, agency or commission and consent to the use by such 13 state, municipality, agency or commission of any real property owned or 14 to be acquired by the port authority which in either case is necessary, 15 convenient or desirable in the opinion of the port authority for any of 16 the purposes of this part, including such real property, improved or 17 unimproved, as has already been devoted to or has been or is to be 18 acquired for urban renewal or other public use, and as an incident to 19 such consents such state, municipality, agency or commission may grant, 20 convey, lease or otherwise transfer any such real property to the port 21 authority and the port authority may grant, convey, lease or otherwise 22 transfer any such real property to such state, municipality, agency or 23 commission for such term and upon such conditions as may be agreed upon. 24 If real property of such state, municipality, agency or commission be 25 leased to the port authority for any of the purposes of this part, such 26 state, municipality, agency or commission may consent to the port 27 authority having the right to mortgage the fee of such property and thus 28 enable the port authority to give as security for its bond or bonds a 29 lien upon the land and improvements, but such state, municipality, agen- 30 cy or commission by consenting to the execution by the port authority of 31 a mortgage upon the leased property shall not thereby assume and such 32 consent shall not be construed as imposing upon such state, munici- 33 pality, agency or commission any liability upon the bond or bonds 34 secured by the mortgage. 35 Nothing contained in this subdivision shall impair or diminish the 36 powers vested in either state or in any municipality, agency or commis- 37 sion to acquire, clear, replan, reconstruct, rehabilitate or redevelop 38 substandard or insanitary or deteriorating areas and the powers herein 39 granted to the state, municipality, agency or commission shall be 40 construed to be in aid of and not in limitation or in derogation of any 41 such powers, heretofore or hereafter conferred upon or granted to the 42 state, municipality, agency or commission. 43 Nothing contained in this part shall be construed to authorize the 44 port authority to acquire property now or hereafter vested in or held by 45 any municipality without the authority or consent of such municipality, 46 provided that the state in which said municipality is located may by 47 statute enact that such property may be taken by the port authority by 48 condemnation or the exercise of the right of eminent domain without such 49 authority or consent; nor shall anything herein impair or invalidate in 50 any way any bonded indebtedness of the state or such municipality, nor 51 impair the provisions of law regulating the payment into sinking funds 52 of revenues derived from municipal property, or dedicating the revenues 53 derived from municipal property to a specific purpose. 54 The port authority is hereby authorized and empowered to acquire from 55 any such municipality, or from any other agency or commission having 56 jurisdiction in the premises, by agreement therewith, and such munici-S. 4456 101 1 pality, agency or commission, notwithstanding any contrary provision of 2 law, is hereby authorized and empowered to grant and convey, upon 3 reasonable terms and conditions, any real property which may be neces- 4 sary, convenient or desirable for any of the purposes of this part, 5 including such real property as has already been devoted to a public 6 use. 7 Any consent by a municipality shall be given and the terms, conditions 8 and execution by a municipality of any agreement, deed, lease, convey- 9 ance or other instrument pursuant to this subdivision or any other 10 provision of this part shall be authorized in the manner provided in 11 article twenty-two of the compact of April thirty, nineteen hundred 12 twenty-one between the two states creating the port authority. Any 13 consent by either state shall be effective if given, and the terms and 14 conditions and execution of any agreement, deed, lease, conveyance or 15 other instruments pursuant to this subdivision or an other provision of 16 this part shall be effective if authorized, by the governor of such 17 state. 18 9. The states of New York and New Jersey hereby consent to suits, 19 actions or proceedings by any municipality against the port authority 20 upon, in connection with or arising out of any agreement, or any amend- 21 ment thereof, entered into for any of the purposes of this part, as 22 follows: 23 (a) for judgments, orders or decrees restraining or enjoining the port 24 authority from transferring title to real property to other persons in 25 cases where it has agreed with said municipality for transfer of such 26 title to the municipality; 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 part 40 XXIV of this article, and chapter two hundred four of the laws of New 41 Jersey of nineteen hundred fifty-one. 42 10. The effectuation of the world trade center, the Hudson tubes and 43 the Hudson tubes extensions, or any of such facilities constituting a 44 portion of the port development project, 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 part shall be regarded as performing an essential governmental function 50 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 or used by it for any of the 54 purposes of this part 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 municipality shall suffer undue loss ofS. 4456 102 1 taxes and assessments by reason of the acquisition and ownership of 2 property by the port authority for any of the purposes of this part, the 3 port authority is hereby authorized and empowered, in its discretion, to 4 enter into a voluntary agreement or agreements with any municipality 5 whereby the port authority will undertake to pay in lieu of taxes a fair 6 and reasonable sum or sums annually in connection with any real property 7 acquired and owned by the port authority for any of the purposes of this 8 part. Such sums in connection with any real property acquired and owned 9 by the port authority for any of the purposes of this part shall not be 10 more than the sum last paid as taxes upon such real property prior to 11 the time of its acquisition by the port authority; provided, however, 12 that in connection with any portion of the Hudson tubes-world trade 13 center area acquired and owned by the port authority for any of the 14 purposes of this part, after such property is improved pursuant to this 15 part with world trade center buildings, structures or improvements 16 greater in value than the buildings, structures or improvements on such 17 Hudson tubes-world trade center area at the time of its acquisition by 18 the port authority, then, with regard to such greater value, such sum or 19 sums may be increased by such additional sum or sums annually as may be 20 agreed upon between the port authority and the city of New York which 21 will not include any consideration of the exhibit areas of the world 22 trade center or of any areas which would be tax exempt in their own 23 right if title were in the governmental occupants or of other areas 24 accommodating services for the public or devoted to general public use. 25 Each such municipality is hereby authorized and empowered to enter into 26 such agreement or agreements with the port authority and to accept the 27 payment or payments which the port authority is hereby authorized and 28 empowered to make, and the sums so received by such municipality shall 29 be devoted to purposes to which taxes may be applied unless and until 30 otherwise directed by law of the state in which such municipality is 31 located. 32 12. All details of the effectuation, including but not limited to 33 details of financing, leasing, rentals, tolls, fares, fees and other 34 charges, rates, contracts and service, of the world trade center, the 35 Hudson tubes and the Hudson tubes extensions by the port authority shall 36 be within its sole discretion and its decision in connection with any 37 and all matters concerning the world trade center, the Hudson tubes and 38 the Hudson tubes extensions shall be controlling and conclusive. The 39 local laws, resolutions, ordinances, rules and regulations of the city 40 of New York shall apply to such world trade center if so provided in any 41 agreement between the port authority and the city and to the extent 42 provided in any such agreement. 43 So long as any facility constituting a portion of the port development 44 project shall be owned, controlled or operated by the port authority 45 (either directly or through a subsidiary corporation incorporated for 46 any of the purposes of this part), no agency, commission or municipality 47 of either or both of the two states shall have jurisdiction over such 48 facility nor shall any such agency, commission or municipality have any 49 jurisdiction over the terms or method of effectuation of all or any 50 portion thereof by the port authority (or such subsidiary corporation) 51 including but not limited to the transfer of all or any portion thereof 52 to or by the port authority (or such subsidiary corporation). 53 Nothing in this part shall be deemed to prevent the port authority 54 from establishing, acquiring, owning, leasing, constructing, effectuat- 55 ing, developing, maintaining, operating, rehabilitating or improving all 56 or any portion of the port development project through wholly ownedS. 4456 103 1 subsidiary corporations of the port authority or from transferring to or 2 from any such corporations any moneys, real property or other property 3 for any of the purposes of this part. If the port authority shall deter- 4 mine from time to time to form such a subsidiary corporation it shall do 5 so by executing and filing with the secretary of state of New York and 6 the secretary of state of New Jersey a certificate of incorporation, 7 which may be amended from time to time by similar filing, which shall 8 set forth the name of such subsidiary corporation, its duration, the 9 location of its principal office, and the purposes of the incorporation 10 which shall be one or more of the purposes of establishing, acquiring, 11 owning, leasing, constructing, effectuating, developing, maintaining, 12 operating, rehabilitating or improving all or any portion of the port 13 development project. The directors of such subsidiary corporation shall 14 be the same persons holding the offices of commissioners of the port 15 authority. Such subsidiary corporation shall have all the powers vested 16 in the port authority itself for the purposes of this part except that 17 it shall not have the power to contract indebtedness. Such subsidiary 18 corporation and any of its property, functions and activities shall have 19 all of the privileges, immunities, tax exemptions and other exemptions 20 of the port authority and of the port authority's property, functions 21 and activities. Such subsidiary corporation shall be subject to the 22 restrictions and limitations to which the port authority may be subject, 23 including, but not limited to the requirement that no action taken at 24 any meeting of the board of directors of such subsidiary corporation 25 shall have force or effect until the governors of the two states shall 26 have an opportunity, in the same manner and within the same time as now 27 or hereafter provided by law for approval or veto of actions taken at 28 any meeting of the port authority itself, to approve or veto such 29 action. Such subsidiary corporation shall be subject to suit in accord- 30 ance with subdivision nine of this section and chapter three hundred one 31 of the laws of New York of nineteen hundred fifty as continued by part 32 XXIV of this article, and chapter two hundred four of the laws of New 33 Jersey of nineteen hundred fifty-one as if such subsidiary corporation 34 were the port authority itself. Such subsidiary corporation shall not 35 be a participating employer under the New York retirement and social 36 security law or any similar law of either state and the employees of any 37 such subsidiary corporation, except those who are also employees of the 38 port authority, shall not be deemed employees of the port authority. 39 Whenever any state, municipality, commission, agency, officer, depart- 40 ment, board or division is authorized and empowered for any of the 41 purposes of this part to co-operate and enter into agreements with the 42 port authority or to grant any consent to the port authority or to 43 grant, convey, lease or otherwise transfer any property to the port 44 authority or to execute any document, such state, municipality, commis- 45 sion, agency, officer, department, board or division shall have the same 46 authorization and power for any of such purposes to co-operate and enter 47 into agreements with such subsidiary corporation and to grant consents 48 to such subsidiary corporation and to grant, convey, lease or otherwise 49 transfer property to such subsidiary corporation and to execute docu- 50 ments for such subsidiary corporation. 51 13. The bonds issued by the port authority to provide funds for any of 52 the purposes of this part are hereby made securities in which all state 53 and municipal officers and bodies of both states, all trust companies 54 and banks other than savings banks, all building and loan associations, 55 savings and loan associations, investment companies and other persons 56 carrying on a commercial banking business, all insurance companies,S. 4456 104 1 insurance associations and other persons carrying on an insurance busi- 2 ness, and all administrators, executors, guardians, trustees and other 3 fiduciaries, and all other persons whatsoever (other than savings 4 banks), who are now or may hereafter be authorized by either state to 5 invest in bonds of such state, may properly and legally invest any 6 funds, including capital, belonging to them or within their control, and 7 said bonds are hereby made securities which may properly and legally be 8 deposited with and shall be received by any state or municipal officer 9 or agency of either state for any purpose for which the deposit of bonds 10 of such state is now or may hereafter be authorized. The bonds issued by 11 the port authority to provide funds for any of the purposes of this part 12 as security for which the general reserve fund shall have been pledged 13 in whole or in part are hereby made securities in which all savings 14 banks also may properly and legally invest any funds, including capital, 15 belonging to them or within their control. 16 14. If the port authority shall find it necessary, convenient or 17 desirable to acquire (either directly or through a subsidiary corpo- 18 ration) from time to time any real property or any property other than 19 real property (including but not limited to contract rights and other 20 intangible personal property and railroad cars or other rolling stock, 21 maintenance and repair equipment and parts, fuel and other tangible 22 personal property), for any of the purposes of this part, whether for 23 immediate or future use (including temporary construction, rehabili- 24 tation or improvement), the port authority may find and determine that 25 such property, whether a fee simple absolute or a lesser interest, is 26 required for a public use, and upon such determination the said property 27 shall be and shall be deemed to be required for such public use until 28 otherwise determined by the port authority, and such determination shall 29 not be affected by the fact that such property has theretofore been 30 taken for and is then devoted to a public use; but the public use in the 31 hands of or under the control of the port authority shall be deemed 32 superior to the public use in the hands of any other person, association 33 or corporation. 34 The port authority may acquire and is hereby authorized so to acquire 35 from time to time, for any of the purposes of this part, such property, 36 whether a fee simple absolute or a lesser estate, (including the exer- 37 cise of the right of eminent domain) under and pursuant to the 38 provisions of the eminent domain procedure law of the state of New York 39 in the case of property located in or having its situs in such state, 40 and revised statutes of New Jersey, title twenty: one-one et seq., in 41 the case of property located in or having its situs in such state, or, 42 at the option of the port authority, as provided in section fifteen of 43 chapter forty-three of the laws of New Jersey of nineteen hundred 44 forty-seven, as amended, in the case of property located in or having 45 its situs in such state, or pursuant to such other and alternate proce- 46 dure as may be provided by law of the state in which such property is 47 located or has its situs; and all of said statutes for the acquisition 48 of real property shall, for any of the purposes of this part, be applied 49 also to the acquisition of other property authorized by this subdivi- 50 sion, except that such provisions as pertain to surveys, diagrams, maps, 51 plans or profiles, assessed valuation, lis pendens, service of notice 52 and papers, filing in the office of the clerk in which the real property 53 affected is situated and such other provisions as by their nature cannot 54 be applicable to property other than real property, shall not be appli- 55 cable to the acquisition of such other property. In the event that any 56 property other than real property is acquired by acquisition then, withS. 4456 105 1 respect to such other property, notice of such proceeding and all subse- 2 quent notices or court processes shall be served upon the owners of such 3 other property and upon the port authority by personal service or by 4 registered or certified mail, except as may be otherwise directed by the 5 court. 6 Anything herein to the contrary notwithstanding, any property to be 7 acquired for any of the purposes of this part, which property shall not 8 have been used by its owner or owners or any of his or their predeces- 9 sors in connection with and shall not have been acquired by its owner or 10 owners or any of his or their predecessors for use in connection with 11 the effectuation by a railroad company or companies of the Hudson tubes 12 or the Hudson tubes extensions prior to port authority acquisition, 13 shall, if such property is personal property, be acquired only by agree- 14 ment with the owner or owners and shall, if such property is not 15 personal property, be acquired in an action or proceeding in the state 16 in which such property is located or has its situs. Except as so 17 provided, the port authority is hereby authorized and empowered, in its 18 discretion, from time to time to combine any property which is to be 19 acquired as aforesaid for any of the purposes of this part for acquisi- 20 tion in a single action or proceeding notwithstanding that part of the 21 the property so to be acquired is located or has its situs in New Jersey 22 and part in New York or is personal property or mixed real and personal 23 property or may be owned by more than one owner; and, except as herein- 24 after provided, each such single action or proceeding to acquire proper- 25 ty located or having it situs part in New Jersey and part in New York 26 shall be pursuant to the laws of whichever of the two said states the 27 port authority shall estimate contains the greater part in value of all 28 the property to be acquired in such action or proceeding (hereinafter 29 sometimes called the forum state) and in the court or courts specified 30 in the laws of the forum state for the acquisition by the port authority 31 of property located or having its situs in the forum state pursuant to 32 this part, in which event, notwithstanding the location or situs of said 33 property, each of said two states hereby confers upon it said court or 34 courts jurisdiction of such action or proceeding and the port authority 35 and any subsidiary corporation so acquiring such property and the owners 36 of such property shall be bound by the judgments, orders or decrees 37 therein. In any such action or proceeding the court or courts of the 38 forum state shall apply the laws of valuation of the other state (here- 39 inafter sometimes called the nonforum state) to the valuation of the 40 property which is located or has it situs in the nonforum state and 41 shall include in the total compensation to be made to any owner of prop- 42 erty in both states being acquired in such action or proceeding the 43 increment, if any, in the value of such property in both states, by 44 reason of its being in a single ownership. If a judgment, order or 45 decree in such an action or proceeding shall best title in or otherwise 46 award to the authority the right to possession of property located or 47 having its situs in the nonforum state, then the court or courts of the 48 nonforum state shall grant full faith and credit to such judgment, order 49 or decree and upon petition by the authority to the court or courts of 50 the non forum state specified in the laws thereof for the acquisition by 51 the port authority of property located or having its situs in the nonfo- 52 rum state pursuant to this act, presenting a true copy of such judgment, 53 order or decree and proof that it is in effect, that any conditions 54 thereof have been met, that at least five days' notice of such petition 55 has been served by registered or certified mail upon all owners of the 56 property affected who appeared in the original action or proceeding inS. 4456 106 1 the forum state or who may be owners of record, and without further 2 proof, a judgment, order or decree of such court or courts of the nonfo- 3 rum state shall be entered granting the authority possession of the 4 property located or having its situs in the nonforum state and confirm- 5 ing any title which shall have vested in the authority or its subsidiary 6 by the judgment, order or decree of the court or courts of the forum 7 state. 8 The owner of any property acquired for any of the purposes of this 9 part shall not be awarded for such property any increment above the just 10 compensation required by the constitutions of the United States and of 11 the state or states in which the property is located or has its situs by 12 reason of any circumstances whatsoever. 13 Nothing herein contained shall be construed to prevent the port 14 authority from bringing any proceedings to remove a cloud on title or 15 such other proceedings as it may, in its discretion, deem proper and 16 necessary, or from acquiring any such property by negotiation or 17 purchase. 18 Where a person entitled to an award in the proceedings to acquire any 19 property for any of the purposes of this part remains in possession of 20 such property after the time of the vesting of title in the authority or 21 its subsidiary, the reasonable value of his use and occupancy of such 22 property subsequent to such time, as fixed by agreement or by the court 23 in such proceedings or by any court of competent jurisdiction, shall be 24 a lien against such award, subject only to liens of record at the time 25 of the vesting of title in the authority or its subsidiary. 26 15. The port authority and its duly authorized agents, and all persons 27 acting under its authority and by its direction, may enter in the 28 daytime into and upon any real property for the purpose of making such 29 surveys, diagrams, maps, plans, soundings or borings as the port author- 30 ity may deem necessary, convenient or desirable for any of the purposes 31 of this act. 32 16. Any declarations contained herein with respect to the governmental 33 nature and public purpose of the world trade center, Hudson tubes and 34 Hudson tubes extensions and to the exemption of the world trade center, 35 Hudson tubes and Hudson tubes extensions property and instruments relat- 36 ing thereto from taxation and to the discretion of the port authority 37 with respect to said facilities shall not be construed to imply that 38 other port authority facilities, property and operations are not of a 39 governmental nature or do not serve public purposes, or that they are 40 subject to taxation, or that the determinations of the port authority 41 with respect thereto are not conclusive. The powers hereby vested in 42 the port authority and in any subsidiary corporation incorporated for 43 any of the purposes of this part (including but not limited to the power 44 to acquire real property by condemnation) shall be continuing powers and 45 no exercise thereof by the port authority or a subsidiary corporation 46 incorporated for any of the purposes of this part shall be deemed to 47 exhaust them or any of them. 48 17. This subdivision and the preceding subdivisions hereof constitute 49 an agreement between the states of New York and New Jersey supplementary 50 to the compact between the two states dated April thirty, nineteen 51 hundred twenty-one and amendatory thereof, and shall be liberally 52 construed to effectuate the purposes of said compact and of the compre- 53 hensive plan heretofore adopted by the two states, and the powers grant- 54 ed to the port authority shall be construed to be in aid of and not in 55 limitation or in derogation of any other powers heretofore conferred 56 upon or granted to the port authority.S. 4456 107 1 18. If any subdivision, section, phrase, or provision of this part or 2 the application thereof to any person or circumstances be adjudged 3 invalid by any court of competent jurisdiction, so long as the part or 4 remainder of the part shall nonetheless permit the effectuation, as a 5 unified project, of the Hudson tubes, Hudson tubes extensions and the 6 world trade center, such judgment shall be confined in its operation to 7 the subdivision, part, phrase, provision or application directly 8 involved in the controversy in which such judgment shall have been 9 rendered and shall not affect or impair the validity of the remainder of 10 this part or the application thereof to other persons or circumstances 11 and the two states hereby declare that they would have entered into this 12 part or the remainder thereof had the invalidity of such provision or 13 application thereof been apparent. 14 PART XXIV 15 SUITS AGAINST THE PORT AUTHORITY 16 Section 2401. Suits against the port authority. 17 2402. Agreement between the states. 18 § 2401. Suits against the port authority. 1. Upon the concurrence of 19 the state of New Jersey in accordance with chapter three hundred one of 20 the laws of nineteen hundred fifty, the states of New York and New 21 Jersey consent to suits, actions or proceedings of any form or nature at 22 law, in equity or otherwise (including proceedings to enforce arbi- 23 tration agreements) against the port authority, and to appeals therefrom 24 and reviews thereof, except as hereinafter provided in subdivisions two 25 through five of this section. 26 2. The foregoing consent does not extend to suits, actions or 27 proceedings upon any causes of action whatsoever accruing before the 28 effective date of this part, other than causes of actions upon, in 29 connection with, or arising out of notes, bonds or other obligations or 30 securities secured by a pledge of the general reserve fund of the port 31 authority. 32 3. The foregoing consent does not extend to suits, actions or 33 proceedings upon any causes of action whatsoever, upon, in connection 34 with, or arising out of any contract, express or implied, entered into 35 or assumed by or assigned to the port authority before the effective 36 date of this part (including any supplement to, or amendment, extension 37 or renewal of any such contract, even if such supplement, amendment, 38 extension or renewal is made on or after the effective date of this 39 part), regardless of whether such cause of action accrued before or 40 after that date, other than causes of action upon, in connection with or 41 arising out of notes, bonds or other obligations or securities secured 42 by a pledge of the general reserve fund of the port authority. 43 4. The foregoing consent does not extend to civil suits, actions or 44 proceedings for the recovery of statutory penalties. 45 5. The foregoing consent does not extend to suits, actions or 46 proceedings for judgments, orders or decrees restraining, enjoining or 47 preventing the port authority from committing or continuing to commit 48 any act or acts, other than suits, actions or proceedings by the attor- 49 ney general of New York or by the attorney general of New Jersey--each 50 of whom is hereby authorized to bring such suits, actions or proceedings 51 in his discretion on behalf of any person or persons whatsoever who 52 requests him so to do except in the cases excluded by subdivisions two, 53 three and four of this section; provided, that in any such suit, action 54 or proceeding, no judgment, order or decree shall be entered except uponS. 4456 108 1 at least two days' prior written notice to the port authority of the 2 proposed entry thereof. 3 6. The foregoing consent is granted upon the condition that venue in 4 any suit, action or proceeding against the port authority shall be laid 5 within a county or a judicial district, established by one of said 6 states or by the United States, and situated wholly or partially within 7 the port of New York district. The port authority shall be deemed to be 8 a resident of each such county or judicial district for the purpose of 9 such suits, actions or proceedings. Although the port authority is 10 engaged in the performance of governmental functions, the said two 11 states consent to liability on the part of the port authority in such 12 suits, actions or proceedings for tortious acts committed by it and its 13 agents to the same extent as though it were a private corporation. 14 7. The foregoing consent is granted upon the condition that any suit, 15 action or proceeding prosecuted or maintained under this part shall be 16 commenced within one year after the cause of action therefor shall have 17 accrued, and upon the further condition that in the case of any suit, 18 action or proceeding for the recovery or payment of money, prosecuted or 19 maintained under this part, a notice of claim shall have been served 20 upon the port authority by or on behalf of the plaintiff or plaintiffs 21 at least sixty days before such suit, action or proceeding is commenced. 22 The provisions of this section shall not apply to claims arising out of 23 provisions of any workers' compensation law of either state. 24 8. The notice of claim required by subdivision seven of this section 25 shall be in writing, sworn to by or on behalf of the claimant or claim- 26 ants, and shall set forth (1) the name and post office address of each 27 claimant and of his attorney, if any, (2) the nature of the claim, (3) 28 the time when, the place where and the manner in which the claim arose, 29 and (4) the items of damage or injuries claimed to have been sustained 30 so far as then practicable. Such notice may be served in the manner in 31 which process may be served, or in lieu thereof, may be sent by regis- 32 tered mail to the port authority at its principal office. Where the 33 claimant is a person under the age of eighteen years or is mentally or 34 physically incapacitated and by reason of such disability no notice of 35 claim is filed or suit, action or proceeding commenced within the time 36 specified in subdivision seven of this section, or where a person enti- 37 tled to make a claim dies and by reason of his death no notice of claim 38 is filed or suit, action or proceeding commenced within the time speci- 39 fied in subdivision seven of this section then any court in which such 40 suit, action or proceeding may be brought may in its discretion grant 41 leave to serve the notice of claim and to commence the suit, action or 42 proceeding within a reasonable time but in any event within three years 43 after the cause of action accrued. Application for such leave must be 44 made upon an affidavit showing the particular facts which caused the 45 delay and shall be accompanied by a copy of the proposed notice of claim 46 if such notice has not been served, and such application shall be made 47 only upon notice to the port authority. 48 9. The commissioners, officers or employees of the port authority 49 shall not be subject to suits, actions or proceedings for judgments, 50 orders or decrees restraining, preventing or enjoining them in their 51 official or personal capacities from committing or continuing to commit 52 any act or acts on behalf of the port authority other than suits, 53 actions and proceedings brought by the attorney general of New York or 54 by the attorney general of New Jersey or by the port authority itself-- 55 each of said attorneys general being hereby authorized to bring such 56 suits, actions or proceedings in his discretion on behalf of any personS. 4456 109 1 or persons whatsoever who requests him so to do except in the cases 2 excluded by subdivisions two, three and four of this section; provided, 3 that in any such suit, action or proceeding brought by either attorney 4 general, no judgment, order or decree shall be entered except upon at 5 least two days' notice to the defendant of the proposed entry thereof. 6 10. Nothing herein contained shall be deemed to revoke, rescind or 7 affect any consents to suits, actions or proceedings against the port 8 authority heretofore given by the two said states in chapter eight 9 hundred two of the laws of New York of nineteen hundred forty-seven, as 10 amended and continued by part XII of this article, and chapter forty- 11 three of the laws of New Jersey of nineteen hundred forty-seven, as 12 amended; chapter six hundred thirty-one of the laws of New York of nine- 13 teen hundred forty-seven, as amended and continued by part XI of this 14 article; chapter forty-four of the laws of New Jersey of nineteen 15 hundred forty-seven, as amended, and chapter five hundred thirty-four of 16 the laws of New York of nineteen hundred forty-eight and continued by 17 part XI of this article and chapter ninety-seven of the laws of New 18 Jersey of nineteen hundred forty-eight. 19 § 2402. Agreement between the states. This part together with the act 20 of the state of New Jersey concurring herein, shall constitute an agree- 21 ment between the states of New York and New Jersey supplementary to and 22 amendatory of the compact between the two said states dated April thir- 23 tieth, nineteen hundred twenty-one. 24 PART XXV 25 RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES 26 Section 2501. Rules and regulations governing operation of Hudson tubes. 27 § 2501. Rules and regulations governing operation of Hudson tubes. 1. 28 The port authority having duly adopted the following rules and regu- 29 lations, hereinafter set forth in this subdivision in relation to 30 conduct within the territorial limits of the state of New York and at, 31 on or in the Hudson tubes and Hudson tubes extensions operated by its 32 wholly-owned subsidiary the port authority trans-Hudson corporation 33 (hereinafter called "PATH"), the penalties and procedures for their 34 enforcement prescribed in subdivision two shall apply to violations 35 thereof. 36 RULES AND REGULATIONS 37 (a) No person shall smoke, carry or possess a lighted cigarette, 38 cigar, pipe, match or any lighted instrument causing naked flame in or 39 about any area, building or appurtenance or in any cars or other rolling 40 stock of the Hudson tubes or Hudson tubes extensions where smoking has 41 been prohibited by PATH and where appropriate signs to that effect have 42 been posted. 43 (b) No person, unless duly authorized by PATH, shall in or upon any 44 area, building, appurtenance, car or other rolling stock of the Hudson 45 tubes or Hudson tubes extensions sell or offer for sale any article of 46 merchandise or solicit any business or trade, including the carrying of 47 bags for hire, the shining of shoes or bootblacking, or shall entertain 48 any persons by singing, dancing or playing any musical instrument or 49 solicit alms. No person, unless duly authorized by PATH, shall post, 50 distribute or display commercial signs, circulars or other printed or 51 written matter in or upon the Hudson tubes or Hudson tubes extensions.S. 4456 110 1 (c) No person, who is unable to give satisfactory explanation of his 2 presence, shall loiter about any car, or other rolling stock, area, 3 building or appurtenance of the Hudson tubes or Hudson tubes extensions, 4 or sleep therein or thereon. 5 (d) No person not authorized by PATH shall be permitted in or upon any 6 car or other rolling stock or station or platform or parking facility 7 within the Hudson tubes or Hudson tubes extensions, except upon payment 8 in full of such fares, fees and other charges as may from time to time 9 be prescribed by PATH. No person shall refuse to pay or evade or 10 attempt to evade the payment in full of such fares, fees and other 11 charges. 12 (e) No person shall spit upon, litter or create a nuisance or other 13 insanitary condition in or on any car or other rolling stock, area, 14 building or appurtenance of the Hudson tubes or Hudson tubes extensions. 15 (f) No person shall enter any car or other rolling stock, area, build- 16 ing or appurtenance of the Hudson tubes or Hudson tubes extensions with 17 any animal, except an animal properly confined in an appropriate 18 container or a guide dog properly harnessed and muzzled, accompanying a 19 blind person carrying a certificate of identification issued by a guide 20 dog school. 21 (g) No person shall get on any car or other rolling stock of the 22 Hudson tubes or Hudson tubes extensions while it is in motion for the 23 purpose of obtaining transportation thereon as a passenger nor shall any 24 person wilfully obstruct, hinder or delay the passage of any such car or 25 rolling stock. No person not authorized by PATH shall walk upon or 26 along any right-of-way or related trackage of the Hudson tubes or Hudson 27 tubes extensions. 28 2. Any violation of the provisions of paragraph (a) of subdivision one 29 of this section, shall be an offense and shall be punishable for a first 30 conviction thereof by a fine of not more than fifty dollars or imprison- 31 ment for not more than thirty days or both; for a second such 32 conviction by a fine of not less than twenty-five dollars nor more than 33 one hundred dollars or imprisonment for not more than sixty days or 34 both; for a third or any other subsequent such conviction, by a fine of 35 not less than fifty dollars nor more than two hundred dollars or by 36 imprisonment for not more than sixty days or both. Any person who is 37 guilty of violating any other provision of subdivision one of this 38 section shall be guilty of an offense and shall be punishable by a fine 39 not exceeding ten dollars or by imprisonment not exceeding thirty days 40 or by both such fine and imprisonment for each conviction thereof. 41 PART XXVI 42 MASS TRANSPORTATION FACILITIES TO AIR TERMINALS 43 Section 2601. Mass transportation facilities to air terminals. 44 § 2601. Mass transportation facilities to air terminals. 1. The 45 states of New York and New Jersey hereby find and determine that: 46 (a) Each air terminal within the port of New York district serves the 47 entire district, and the problem of furnishing proper and adequate air 48 terminal facilities within the district is a regional and interstate 49 problem; 50 (b) Access by land travel to the great airports serving the port of 51 New York district, particularly John F. Kennedy and Newark international 52 airports, is becoming increasingly difficult, and such access is neces- 53 sary for the continued development of such airports which development isS. 4456 111 1 vital and essential to the preservation of the economic well-being of 2 the northern New Jersey-New York metropolitan area; 3 (c) Additional highway construction to serve these great airports is 4 not feasible and creates severe problems in terms of increased air 5 pollution and the preemption of land which might otherwise be devoted to 6 park purposes and other desirable uses; 7 (d) Access to these airports by railroads or other forms of mass 8 transportation must be undertaken if they are to maintain their preemi- 9 nence and continue to serve the economic well-being of the northern New 10 Jersey-New York metropolitan area; 11 (e) Such mass transportation facilities may properly be regarded as 12 constituting a part of each air terminal, the development of which 13 should be the responsibility of those charged with the duties of air 14 terminal development; 15 (f) It is the purpose of this part to authorize and direct the port 16 authority of New York and New Jersey to undertake one or more mass 17 transportation access projects specifically with respect to John F. 18 Kennedy and Newark international airports in order to preserve and 19 develop the economic well-being of the northern New Jersey-New York 20 metropolitan area, and such undertakings are found and determined to be 21 in the public interest. 22 2. In furtherance of the aforesaid findings and determinations and in 23 partial effectuation of the comprehensive plan heretofore adopted by the 24 two states for the development of terminal and transportation facilities 25 in the port of New York district, the port authority of New York and New 26 Jersey is hereby specifically authorized to undertake pursuant to chap- 27 ter forty-three of the laws of New Jersey of nineteen hundred forty-sev- 28 en, as amended, and chapter eight hundred two of the laws of New York of 29 nineteen hundred forty-seven, as amended and continued by part XII of 30 this article, the following separate air terminal facilities: 31 (a) To provide access to Newark international airport. A railroad 32 line connecting Newark international airport, including (i) appropriate 33 mass transportation terminal facilities at and within the said airport; 34 (ii) construction, reconstruction and improvement of suitable offsite 35 facilities for the accommodation of air passengers, baggage, mail, 36 express, freight and other users of the connecting facility; and (iii) 37 such additional rail or other mass transportation, terminal, station, 38 parking, storage and service facilities as operations may require. 39 (b) To provide access to John F. Kennedy international airport. A 40 railroad line connecting John F. Kennedy international airport to the 41 main line of the Long Island railroad in the county of Queens, including 42 (i) a spur or branch to the Montauk line of the said railroad in the 43 said county; (ii) appropriate mass transportation terminal facilities 44 at and within the said airport; (iii) suitable offsite facilities for 45 the accommodation of air passengers, baggage, mail, express, freight and 46 other users of the connecting facility; and (iv) such additional rail or 47 other mass transportation, terminal, station, parking, storage and 48 service facilities, including improvements to the railroad approaches to 49 Pennsylvania Station and Jamaica Terminal in the city of New York, as 50 operations may require. 51 3. The port authority of New York and New Jersey is hereby authorized 52 and empowered to acquire real property located within the port district 53 by condemnation or the right of eminent domain pursuant to and in 54 accordance with any of the procedures authorized by chapter forty-three 55 of the laws of New Jersey of nineteen hundred forty-seven, as amended, 56 in the case of property having its situs in the state of New Jersey, andS. 4456 112 1 by chapter eight hundred two of the laws of New York of nineteen hundred 2 forty-seven, as amended and continued by part XII of this article, in 3 the case of property having its situs in the state of New York, for and 4 in connection with the undertaking of the air terminal access facilities 5 set forth in subdivision three of this section. Such authorization and 6 power to acquire real property by condemnation or the right of eminent 7 domain may not be exercised in connection with the undertaking of access 8 facilities, other than the access facilities set forth in subdivision 9 three of this section, unless authorized by the laws of the state in 10 which such facilities are to be located. 11 4. The port authority of New York and New Jersey is hereby authorized 12 and empowered in its discretion to enter into an agreement or agreements 13 upon such terms and conditions as it may deem in the public interest, 14 with the United States, the state of New Jersey, the state of New York, 15 or any agency, department, commission, public authority, board or divi- 16 sion of any of the foregoing, or any municipality or other public corpo- 17 ration in the state of New Jersey or in the state of New York, or any 18 person, firm, association, company or corporation, or any two or more of 19 the foregoing, to effectuate any one or more of the purposes of this 20 part; and the state of New Jersey, the state of New York, or any agency, 21 department, commission, public authority, board or division of either of 22 the foregoing, or any municipality or other public corporation in the 23 state of New Jersey or the state of New York, or any two or more of the 24 foregoing, are hereby authorized and empowered to enter into an agree- 25 ment or agreements with the port authority to effectuate any one or more 26 of the purposes of this part. 27 5. If any section, phrase, or provision of this part, as hereby 28 amended and supplemented or the application thereof to any person, 29 project or circumstances, be adjudged invalid by any court of competent 30 jurisdiction, such judgment shall be confined in its operation to the 31 section, part, phrase, provision or application directly involved in the 32 controversy in which such judgment shall have been rendered and shall 33 not affect or impair the validity of the remainder of this part or the 34 application thereof to other persons, projects or circumstances and the 35 two states hereby declare that they would have entered into this part or 36 the remainder thereof had the invalidity of such provision or applica- 37 tion thereof been apparent. 38 PART XXVII 39 INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES 40 Section 2701. Findings and determinations. 41 2702. Definitions. 42 2703. Industrial development projects and facilities. 43 § 2701. Findings and determinations. 1. The states of New York and 44 New Jersey hereby find and determine: 45 a. that to prevent further deterioration of the economy of the port 46 district and thereby to promote, preserve and protect trade and commerce 47 in and through the port of New York district as defined in the compact 48 between the two states dated April thirtieth, nineteen hundred twenty- 49 one (hereinafter called the port district), it is the policy of each of 50 the two states actively to promote, attract, encourage and develop 51 economically sound commerce and industry through governmental action; 52 b. that in order to preserve and protect the position of the port of 53 New York as the nation's leading gateway for world commerce, it is 54 incumbent on the states of New York and New Jersey to make every effortS. 4456 113 1 to insure that the port receives its rightful share of interstate and 2 international commerce generated by the manufacturing, industrial, trade 3 and commercial segments of the economy of the nation and of the port 4 district; 5 c. that since nineteen hundred fifty the number of available jobs in 6 the port district, particularly within the older central cities thereof, 7 has decreased, thereby resulting in the underutilization of available 8 land and other resources, the erosion of the port district's tax bases 9 and a rate of unemployment substantially in excess of the national aver- 10 age; 11 d. that in order to preserve the port district from further economic 12 deterioration, adequate industrial development projects and facilities 13 must be provided, preserved and maintained to attract and retain indus- 14 try within the port district; 15 e. that a number of new industrial development projects and facilities 16 should be organized into industrial parks or districts; 17 f. that the construction of such industrial parks or districts shall 18 conform to the policies of the two states with respect to affirmative 19 action and equal employment opportunities; 20 g. that providing port district industrial development projects and 21 facilities is in the public interest and involves the exercise of public 22 and essential governmental functions which may include appropriate and 23 reasonable limitations on competition and which must be performed by the 24 two states, or any municipality, public authority, agency or commission 25 of either state and by a joint agency of the two states to accomplish 26 the purposes of this part; 27 h. that it is an objective of the two states, acting through the port 28 authority, to facilitate reemployment of residents of the older cities 29 through job training programs and employment opportunity priorities in 30 connection with industrial development parks in their respective cities; 31 i. that the acquisition and the use by such joint agency of abandoned, 32 undeveloped or underutilized land or land owned by governmental entities 33 within the port district for the generation of jobs and to reduce the 34 hazards of unemployment would promote, preserve and protect the indus- 35 try, trade and commerce of the port district, and will materially assist 36 in preserving for the two states and the people thereof the material and 37 other benefits of a prosperous port community; 38 j. that the collection, disposal and utilization of refuse, solid 39 waste or waste resulting from other treatment processes is an activity 40 of concern to all citizens within the port district, that the health, 41 safety and general welfare of the citizens within the port district 42 require efficient and reasonable collection and disposal services and 43 efficient utilization of such refuse, solid waste or waste resulting 44 from other treatment processes with adequate consideration given to 45 regional planning and coordination, and, therefore, that the 46 construction and operation of any port district industrial development 47 project and facility should conform to the environmental and solid waste 48 disposal standards and state and county plans therefor in the state in 49 which such project or facility is located; 50 k. that the dedication by the municipalities of the port district of 51 refuse, solid waste or waste resulting from other treatment processes to 52 resource recovery to permit the generation of lower priced energy and 53 the recovery of useful materials, together with the commitment by such 54 municipalities to pay fees to permit the delivery and removal after 55 processing of such refuse or solid waste at rates and for periods of 56 time at least sufficient to assure the continued furnishing of suchS. 4456 114 1 lower priced energy and material is in the public interest and would be 2 a major incentive for the attraction and retention of industry within 3 the port district; 4 l. that the port authority of New York and New Jersey (hereinafter 5 called the port authority), which was created by agreement of the two 6 states as a joint agent for the development of terminal, transportation 7 and other facilities of commerce of the port district and for the 8 promotion and protection of the commerce of the port, is a proper agency 9 to act in their behalf (either directly or by any subsidiary corpo- 10 ration) to finance and effectuate such industrial development projects 11 and facilities; 12 m. that it is desirable for the port authority, after consultation 13 with the governing body of each municipality and within the city of New 14 York the appropriate community board or boards and elsewhere another 15 government entity or entities designated by such municipality in which 16 industrial development projects or facilities are proposed to be located 17 and with other persons, including but not limited to private real estate 18 developers, to prepare and adopt a master plan providing for the devel- 19 opment of such industrial development projects and facilities in the 20 port district, which plan shall give consideration to the extent of 21 unemployment and the general economic conditions of the respective 22 portions of the port district and shall include among other things the 23 locations and the nature and scope of such projects and facilities as 24 may be included in the plan; 25 n. that the undertaking of such industrial development projects and 26 facilities by the port authority has the single object of and is part of 27 a unified plan to aid in preserving the economic well-being of the port 28 district and is found and determined to be in the public interest; 29 o. that no such port district industrial development projects and 30 facilities are to be constructed if the sole intent of the construction 31 thereof would be the removal of an industrial or manufacturing plant of 32 an occupant of such projects and facilities from one location to another 33 location or in the abandonment of one or more plants or facilities of 34 such occupant, unless such port district industrial development projects 35 and facilities are reasonably necessary to discourage such occupant from 36 removing such plant or facility to a location outside the port district 37 or are reasonably necessary to preserve the competitive position of such 38 project occupant in its industry; 39 p. that no such port district industrial development projects or 40 facilities are to be constructed unless and until the port authority has 41 entered into an agreement or agreements with the municipality in which 42 any such project or facility is to be located with respect to payments 43 in lieu of real estate taxes and the location, nature and scope of any 44 project or facility; 45 q. that, subject to entering into said agreement or agreements, the 46 port authority should have the ability to acquire, lease, vacate, clear 47 and otherwise develop abandoned, undeveloped or underutilized property 48 or property owned by governmental entities within the port district and 49 to finance and construct industrial development projects and facilities. 50 § 2702. Definitions. The following terms as used in this part shall 51 have the following meanings: 52 a. "Bonds" shall mean bonds, notes, securities or other obligations or 53 evidences of indebtedness; 54 b. "Effectuation" of any project or facility or part of any such 55 project or facility shall include but not be limited to its establish- 56 ment, acquisition, construction, development, maintenance, operation,S. 4456 115 1 improvement (by way of betterments, additions or otherwise) and rehabil- 2 itation by the port authority or any other person and the provision of 3 funds therefor through the issuance of obligations, the making or grant- 4 ing of loans or otherwise; 5 c. "General reserve fund statutes" shall mean chapter forty-eight of 6 the laws of New York of nineteen hundred thirty-one as amended and 7 continued by part XXIX of this article, and chapter five of the laws of 8 New Jersey of nineteen hundred thirty-one as amended, and "general 9 reserve fund" shall mean the general reserve fund of the port authority 10 authorized by said statutes; 11 d. "Governing body" shall mean the board or body vested with the 12 general legislative powers of the municipality in which an industrial 13 development project or facility will be financed or effectuated pursuant 14 to this part; 15 e. "Industrial development project or facility" or "port district 16 industrial development project or facility" shall mean any equipment, 17 improvement, structure or facility or any land, and any building, struc- 18 ture, facility or other improvement thereon, or any combination thereof, 19 and all real and personal property, located within the New York portion 20 of the port district or within a municipality in the New Jersey portion 21 of the port district which qualified for state aid under the provisions 22 of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or 23 which may hereafter qualify for such aid, including, but not limited to, 24 machinery, equipment and other facilities deemed necessary or desirable 25 in connection therewith, or incidental thereto, whether or not now in 26 existence or under construction, which shall be considered suitable by 27 the port authority for manufacturing, research, non-retail commercial or 28 industrial purposes within an industrial park, or for purposes of ware- 29 housing or consumer and supporting services directly related to any of 30 the foregoing or to any other port authority project or facility; and 31 which may also include or be an industrial pollution control facility or 32 a resource recovery facility, provided that no such industrial develop- 33 ment project or facility may include or be a facility used for the stor- 34 age of chemicals, fuel or liquified natural gas unless incidental to the 35 effectuation of such industrial development project or facility; 36 f. "Industrial pollution control facility" shall mean any equipment, 37 improvement, structure or facility or any land, and any building, struc- 38 ture, facility or other improvement thereon, or any combination thereof, 39 and all real and personal property, located within the port district, 40 including, but not limited to, machinery, equipment and other facilities 41 deemed necessary or desirable in the opinion of the port authority in 42 connection therewith, or incidental thereto, whether or not now in 43 existence or under construction, having to do with or the end purpose of 44 which is the control, abatement or prevention of land, sewer, water, 45 air, noise or general environmental pollution deriving from the opera- 46 tion of industrial, manufacturing, warehousing, commercial and research 47 facilities, including, but not limited to any air pollution control 48 facility, noise abatement facility, water management facility, waste 49 water collecting system, waste water treatment works, sewage treatment 50 works system, sewage treatment system or solid waste disposal facility 51 or site, provided that no such industrial pollution control facility may 52 include or be used as a site for organic landfill or be of a character 53 or nature generally furnished or supplied by any other governmental 54 entity where such industrial pollution control facility is located with- 55 out the consent of such governmental entity;S. 4456 116 1 g. "Municipality" means a city, county, town or village all or any 2 part of which is located within the New York portion of the port 3 district, or a city, county, town, borough or township all or any part 4 of which is located within the New Jersey portion of the port district; 5 h. "Person" means any person, including individuals, firms, partner- 6 ships, associations, societies, trusts, public utilities, public or 7 private corporations, or other legal entities, including public or 8 governmental bodies, which may include the port authority, as well as 9 natural persons. "Person" shall include the plural as well as the 10 singular; 11 i. "Port authority" shall include the port authority and any subsid- 12 iary corporation now or hereafter incorporated for any of the purposes 13 of this part; provided, however, as used in subdivisions four and five 14 of section twenty-seven hundred three of this part it shall not include 15 any such subsidiary corporation; 16 j. "Purposes of this part" shall mean the effectuation of industrial 17 development projects and facilities and of each project or facility 18 constituting a portion thereof and of each part of each project or 19 facility, and purposes incidental thereto; 20 k. "Real property" shall mean lands, structures, franchises and inter- 21 ests in land, including air space and air rights, waters, lands under 22 water, wetlands and riparian rights, and any and all things and rights 23 included within the said term, and includes not only fees simple abso- 24 lute but also any and all lesser interests, including but not limited to 25 easements, rights-of-way, uses, leases, licenses and all other incorpo- 26 real hereditaments and every estate, interest or right, legal or equita- 27 ble, including terms for years and liens thereon by way of judgments, 28 mortgages or otherwise; 29 l. "Resource recovery facility" shall mean any equipment, improvement, 30 structure or facility or any land, and any building, structure, facility 31 or other improvement thereon, or any combination thereof, and all real 32 and personal property located within the port district, including, but 33 not limited to, machinery, equipment and other facilities deemed neces- 34 sary or desirable in the opinion of the port authority in connection 35 therewith, or incidental thereto, whether or not now in existence or 36 under construction, for the disposal of refuse or other solid wastes or 37 wastes resulting from other treatment processes and for the recovery and 38 sale or use of energy and other resources from such refuse or other 39 solid wastes or wastes resulting from other treatment processes, 40 provided that no such resource recovery facility may include or be used 41 as a site for organic landfill; 42 m. "Surplus revenues" from any facility shall mean the balance of the 43 revenues from such facility (including but not limited to the revenues 44 of any subsidiary corporation incorporated for any of the purposes of 45 this part) remaining at any time currently in the hands of the port 46 authority after the deduction of the current expenses of the operation 47 and maintenance thereof, including a proportion of the general expenses 48 of the port authority as it shall deem properly chargeable thereto, 49 which general expenses shall include but not be limited to the expense 50 of protecting and promoting the commerce of the port district, and after 51 the deduction of any amounts which the port authority may or shall be 52 obligated or may or shall have obligated itself to pay to or set aside 53 out of the current revenues therefrom for the benefit of the holders of 54 any bonds legal for investment as defined in the general reserve fund 55 statutes;S. 4456 117 1 n. "Surplus revenues of port district industrial development projects 2 or facilities" shall mean the surplus revenues of all industrial devel- 3 opment projects or facilities effectuated pursuant to the terms of this 4 part. 5 § 2703. Industrial development projects and facilities. 1. In furth- 6 erance of the findings and determinations detailed by section twenty- 7 seven hundred one of this part, in partial effectuation of and supple- 8 mental to the comprehensive plan heretofore adopted by the two said 9 states for the development of the said port district, and subject to the 10 preparation and adoption of the plan authorized in subdivision two of 11 this section and the execution of an agreement or agreements authorized 12 by subdivisions eleven and twelve of this section, the port authority is 13 hereby authorized, empowered and directed to establish, acquire, 14 construct, effectuate, develop, own, lease, maintain, operate, improve, 15 rehabilitate, sell, transfer and mortgage projects or facilities herein 16 referred to as port district industrial development projects or facili- 17 ties, as defined in this part. 18 The port authority is hereby authorized and empowered to establish, 19 levy and collect such rentals, fares, fees and other charges as it may 20 deem necessary, proper or desirable in connection with any facility or 21 part of any facility constituting a portion of any port district indus- 22 trial development project or facility and to issue bonds for any of the 23 purposes of this part and to provide for payment thereof, with interest 24 thereon, and for the amortization and retirement of such bonds, and to 25 secure all or any portion of such bonds by a pledge of such rentals, 26 fares, fees, charges and other revenues or any part thereon (including 27 but not limited to the revenues of any subsidiary corporation incorpo- 28 rated for any of the purposes of this part) and to secure all or any 29 portion of such bonds by mortgages upon any property held or to be held 30 by the port authority for any of the purposes of this part, and for any 31 of the purposes of this part to exercise all appropriate powers hereto- 32 fore or hereafter delegated to it by the states of New York and New 33 Jersey, including, but not limited to, those expressly set forth in this 34 part. The surplus revenues of port district industrial development 35 projects or facilities may be pledged in whole or in part as hereinafter 36 provided. 37 2. The port authority is hereby authorized to initiate studies and 38 prepare and adopt a master plan providing for the development of port 39 district industrial development projects and facilities which shall 40 include the location of such projects and facilities as may be included 41 in the plan and shall to the maximum extent practicable include inter 42 alia a general description of each of such projects and facilities, the 43 land use requirements necessary therefor, and estimates of project 44 costs, of project employment potential and of a schedule for commence- 45 ment of each such project. Prior to adopting such master plan, the port 46 authority shall give written notice to, afford a reasonable opportunity 47 for comment, consult with and consider any recommendation made by the 48 governing body of municipalities and within the city of New York the 49 appropriate community board or boards and elsewhere another governmental 50 entity or entities designated by such municipality in which industrial 51 development projects or facilities are proposed to be located and with 52 such other persons, including but not limited to private real estate 53 developers, which in the opinion of the port authority is either neces- 54 sary or desirable. The master plan shall include the port authority's 55 estimate of the revenues to be derived by municipalities from each such 56 industrial development project or facility and also a description of theS. 4456 118 1 proposed additional arrangements with municipalities necessary or desir- 2 able for each such project or facility. The port authority may modify 3 or change any part of such plan in the same form and manner as provided 4 for the adoption of such original plan. At the time the port authority 5 authorizes any industrial development project or facility, the port 6 authority shall include with such authorization a statement as to the 7 status of each project included in such master plan and any amendment 8 thereof. 9 3. No industrial development project proposed to be located within the 10 city of New York may be included in such master plan unless and until 11 the mayor of the city of New York requests the port authority to conduct 12 a comprehensive study of the feasibility of the effectuation of one or 13 more industrial development projects or any parts thereof (including 14 resource recovery or industrial pollution control facilities) in such 15 city, which request shall specify the borough in which such comprehen- 16 sive study is to take place; provided, however, that the president of 17 any borough in which an industrial development project or facility is 18 proposed to be located may within sixty days of receipt of notice of 19 such request, and after consulting with and considering any recommenda- 20 tion made by the local borough improvement board, notify the port 21 authority not to include any proposed industrial development project or 22 facility within that county in such feasibility study. Any such request 23 by the mayor of the city of New York may specify the facilities to be 24 included in such industrial park project. 25 4. The moneys in the general reserve fund may be pledged in whole or 26 in part by the port authority as security for or applied by it to the 27 repayment with interest of any moneys which it may raise upon bonds 28 issued or incurred by it from time to time for any of the purposes of 29 this part or upon bonds secured in whole or in part by the pledge of the 30 revenues from any industrial development project or facility or any 31 portion thereof or upon bonds both so issued or incurred and so secured; 32 and the moneys in said general reserve fund may be applied by the port 33 authority to the fulfillment of any other undertakings which it may 34 assume to or for the benefit of the holders of any such bonds. 35 Subject to prior liens and pledges (and to the obligation of the port 36 authority to apply revenues to the maintenance of its general reserve 37 fund in the amount prescribed by the general reserve fund statutes), the 38 revenues from facilities established, constructed, acquired or otherwise 39 effectuated through the issuance or sale of bonds of the port authority 40 secured in whole or in part by a pledge of its general reserve fund or 41 any portion thereof may be pledged in whole or in part as security for 42 or applied by it to any of the purposes of this part, including the 43 repayment with interest of any moneys which it may raise upon bonds 44 issued or incurred from time to time for any of the purposes of this 45 part or upon bonds secured in whole or in part by the pledge of the 46 revenues of the port authority from any industrial development project 47 or facility or any portion thereof or upon bonds both so issued or 48 incurred and so secured; and said revenues may be applied by the port 49 authority to the fulfillment of any other undertakings which it may 50 assume to or for the benefit of the holders of such bonds. 51 5. In all cases where the port authority has raised or shall hereafter 52 raise moneys for any of the purposes of this part by the issue and sale 53 of bonds which are secured in whole or in part by a pledge of the gener- 54 al reserve fund or any portion thereof, the surplus revenues from indus- 55 trial development projects or facilities financed in whole or in part 56 out of the proceeds of such bonds and the surplus revenues from anyS. 4456 119 1 other port authority facility the surplus revenues of which at such time 2 may be payable into the general reserve fund shall be pooled and applied 3 by the port authority to the establishment and maintenance of the gener- 4 al reserve fund in an amount equal to one-tenth of the par value of all 5 bonds legal for investment, as defined in the general reserve fund stat- 6 utes, issued by the port authority and currently outstanding, including 7 such bonds issued for any of the purposes of this part; and all such 8 moneys in said general reserve fund may be pledged and applied in the 9 manner provided in the general reserve fund statutes. 10 In the event that any time the balance of moneys theretofore paid into 11 the general reserve fund and not applied therefrom shall exceed an 12 amount equal to one-tenth of the par value of all bonds upon the princi- 13 pal amount of which the amount of the general reserve fund is calcu- 14 lated, by reason of the retirement of bonds issued or incurred from time 15 to time for any of the purposes of this part the par value of which had 16 theretofore been included in the computation of said amount of the 17 general reserve fund, then the port authority may pledge or apply such 18 excess for and only for the purposes for which it is authorized by the 19 general reserve fund statutes to pledge the moneys in the general 20 reserve fund and such pledge may be made in advance of the time when 21 such excess may occur. 22 6. The two states covenant and agree with each other and with the 23 holders of any bonds issued by the port authority for the purposes of 24 this part, that so long as any of such bonds remain outstanding and 25 unpaid and the holders thereof shall not have given their consent as 26 provided in their contract with the port authority, the two states will 27 not diminish or impair the power of the port authority to establish, 28 levy and collect rentals, fares, fees or other charges in connection 29 with industrial development projects or facilities or any other facility 30 owned or operated by the port authority the revenues of which have been 31 or shall be pledged in whole or in part as security for such bonds 32 (directly or indirectly, or through the medium of the general reserve 33 fund or otherwise), or to determine the quantity, quality, frequency or 34 nature of any services provided by the port authority in connection with 35 the operation of each project or facility. This subdivision shall not 36 affect or diminish the provisions of subdivision twelve of this section. 37 7. The port authority is authorized and empowered to co-operate with 38 the states of New York and New Jersey, with any municipality thereof, 39 with any person, with the federal government and with any agency, public 40 authority or commission or any one or more of the foregoing, or with any 41 one or more of them, for and in connection with the acquisition, clear- 42 ance, replanning, rehabilitation, reconstruction or redevelopment of any 43 industrial development project or facility or of any other area forming 44 part of any industrial development project or facility for the purpose 45 of renewal and improvement of said area and for any of the purposes of 46 this part, and to enter into an agreement or agreements (and from time 47 to time to enter into agreements amending or supplementing the same) 48 with any such person, municipality, commission, public authority or 49 agency and with the states of New York and New Jersey and with the 50 federal government, or with any one or more of them, for or relating to 51 such purposes, including but not limited to agreements with respect to 52 the dedication by the municipalities of the port district of refuse, 53 solid waste or waste resulting from other treatment processes to 54 resource recovery to permit the generation of lower priced energy and 55 the recovery of useful materials; with respect to a commitment by such 56 municipalities to pay fees to permit the delivery and removal afterS. 4456 120 1 processing of such refuse or solid waste at rates and for periods of 2 time at least sufficient to assure the continued availability of such 3 energy and recovered materials; with respect to financial assistance, 4 loans and grants pursuant to any federal law now in effect or hereinaft- 5 er enacted which would provide such financial assistance, loans and 6 grants in connection with any of the purposes of this part, provided, 7 that if either state shall have or adopt general legislation governing 8 applications for such federal aid by municipalities, public authorities, 9 agencies or commissions of such state or the receipt or disbursement of 10 such federal aid by or on behalf of such municipalities, public authori- 11 ties, agencies or commissions, then such legislation shall at the option 12 of such state apply to applications by the port authority for such 13 federal aid in connection with an industrial development project or 14 facility located in such state and to the receipt and disbursement of 15 such federal aid by or on behalf of the port authority, in the same 16 manner and to the same extent as other municipalities, public authori- 17 ties, agencies or commissions of such state; and, with respect to occu- 18 pancy of space in any industrial development project or facility. The 19 port authority is hereby authorized and empowered to apply for and 20 accept financial assistance, loans and grants for such purposes under 21 federal, state or local laws, and to make application directly to the 22 proper officials or agencies for and receive federal, state or local 23 loans or grants in aid of any of the purposes of this part. Nothing 24 contained in this part shall be construed to limit or impair the power 25 of the governor of the state of New York and the governor of the state 26 of New Jersey to review the actions of the commissioners of the port 27 authority as provided for in chapter seven hundred of the laws of New 28 York of nineteen hundred twenty-seven, as amended and as continued by 29 part IV of this article, and in chapter three hundred thirty-three of 30 the laws of New Jersey of nineteen hundred twenty-seven, as amended, or 31 to authorize the port authority to commence the effectuation of any 32 industrial development project or facility unless and until the munici- 33 pality in which such project or facility is to be located has consented 34 to the commencement of such effectuation, with such consent to be 35 provided for in the agreement authorized by subdivision eleven or subdi- 36 vision twelve of this section. The port authority is authorized and 37 empowered to enter into an agreement or agreements (and from time to 38 time to enter into agreements amending or supplementing the same) with 39 any public authority, agency or commission of either or both states to 40 provide for the effectuation of any of the purposes of this part through 41 a subsidiary corporation owned jointly by the port authority and any 42 such public authority, agency or commission, and any such public author- 43 ity, agency or commission is authorized and empowered to enter into such 44 agreement or agreements with the port authority. 45 8. Notwithstanding any contrary provision of law, general, special or 46 local, either state and any municipality thereof and any commission, 47 public authority or agency of either or both of said two states is 48 authorized and empowered to co-operate with the port authority and to 49 enter into an agreement or agreements (and from time to time to enter 50 into agreements amending or supplementing the same) with the port 51 authority or with any other person for and in connection with or relat- 52 ing to the acquisition, clearance, replanning, rehabilitation, recon- 53 struction, redevelopment, sale, transfer or mortgage of any industrial 54 development project or facility or of any other area forming part of any 55 industrial development project or facility for the purpose of renewal 56 and improvement of said area as aforesaid or for any of the otherS. 4456 121 1 purposes of this part, including but not limited to the dedication by 2 the municipalities of the port district of refuse, solid waste or waste 3 resulting from other treatment processes to resource recovery to permit 4 the generation of lower priced energy and the recovery of useful materi- 5 als and a commitment by such municipalities to pay fees to permit the 6 delivery and removal after processing of such refuse or solid waste at 7 rates and for periods of time at least sufficient to assure the contin- 8 ued availability of such energy and recovered materials, upon such 9 reasonable terms and conditions as may be determined by such state, 10 municipality, public authority, agency or commission and the port 11 authority. Such agreement may, without limiting the generality of the 12 foregoing, further include consent to the use by the port authority or 13 any other person of any real property owned or to be acquired by said 14 state, municipality, public authority, agency or commission and consent 15 to the use by such state, municipality, public authority, agency or 16 commission of any real property owned or to be acquired by the port 17 authority or by any other person which in either case is necessary, 18 convenient or desirable in the opinion of the port authority for any of 19 the purposes of this part, including such real property, improved or 20 unimproved, as has already been devoted to or has been or is to be 21 acquired for urban renewal or other public use, and as an incident to 22 such consent such state, municipality, public authority, agency or 23 commission may grant, convey, lease or otherwise transfer any such real 24 property to the port authority or to any other person and the port 25 authority may grant, convey, lease or otherwise transfer any such real 26 property to such state, municipality, public authority, agency, commis- 27 sion or any other person for such term and upon such conditions as may 28 be agreed upon. If real property of such state, municipality, public 29 authority, agency or commission be leased to the port authority or to 30 any other person for any of the purposes of this part, such state, muni- 31 cipality, public authority, agency or commission may consent to the port 32 authority or any other person having the right to mortgage the fee of 33 such property and thus enable the port authority or such other person to 34 give as security for its bond or bonds a lien upon the land and improve- 35 ments, but such state, municipality, public authority, agency or commis- 36 sion by consenting to the execution by the port authority or such other 37 person of a mortgage upon the leased property shall not thereby assume 38 and such consent shall not be construed as imposing upon such state, 39 municipality, public authority, agency or commission any liability upon 40 the bond or bonds secured by the mortgage. In connection with any of 41 the purposes of this part, either state and any municipality thereof, 42 any commission, public authority or agency of either or both of said two 43 states, the port authority and any other person are empowered to enter 44 into any other agreement or agreements (and from time to time to enter 45 into agreements amending or supplementing same) which may provide inter 46 alia for the establishment of prices or rates, a requirement that any 47 person sell, lease or purchase any commodity or service from any other 48 person, or any other similar arrangement. 49 Nothing contained in this subdivision shall impair or diminish the 50 powers vested in either state or in any municipality, public authority, 51 agency or commission to acquire, clear, replan, reconstruct, rehabili- 52 tate or redevelop abandoned, undeveloped or underutilized land and the 53 powers herein granted to either state or any municipality, public 54 authority, agency or commission shall be construed to be in aid of and 55 not in limitation or in derogation of any such powers heretofore orS. 4456 122 1 hereafter conferred upon or granted to such state, municipality, public 2 authority, agency or commission. 3 Nothing contained in this part shall be construed to authorize the 4 port authority to acquire, by condemnation or the exercise of the right 5 of eminent domain, property now or hereafter vested in or held by either 6 state or by any municipality, public authority, agency or commission 7 without the authority or consent by such state, municipality, public 8 authority, agency or commission, provided that the state under whose 9 laws such public authority, agency or commission has been created may 10 authorize by appropriate legislation the port authority to acquire any 11 such property vested in or held by any such public authority, agency or 12 commission by condemnation or the exercise of the right of eminent 13 domain without such authority or consent; nor shall anything herein 14 impair or invalidate in any way any bonded indebtedness of either state 15 or any such municipality, public authority, agency or commission, nor 16 impair the provisions of law regulating the payment into sinking funds 17 of revenues derived from such property, or dedicating the revenues 18 derived from such property to a specific purpose. 19 The port authority, subject to the express authority or consent of any 20 such state, municipality, public authority, agency or commission, is 21 hereby authorized and empowered to acquire from any such state or muni- 22 cipality, or from any other public authority, agency or commission 23 having jurisdiction in the premises, by agreement therewith, and such 24 state or municipality, public authority, agency or commission, notwith- 25 standing any contrary provision of law, is hereby authorized and 26 empowered to grant and convey, upon reasonable terms and conditions, any 27 real property which may be necessary, convenient or desirable for any of 28 the purposes of this part, including such real property as has already 29 been devoted to a public use. 30 Notwithstanding any inconsistent provision of this section or part or 31 any compact or general or special law, the port authority may not 32 acquire any park lands for industrial development projects or facilities 33 unless each such conveyance of such land is specifically authorized by 34 the legislature of the state wherein the land is located. 35 Any consent by a municipality shall be given and the terms, conditions 36 and execution by a municipality of any agreement, deed, lease, convey- 37 ance or other instrument pursuant to this subdivision or any other 38 subdivision of this section shall be authorized in the manner provided 39 in article twenty-two of the compact of April thirtieth, nineteen 40 hundred twenty-one between the two states creating the port authority, 41 except that as to towns in the state of New York, such consent shall be 42 authorized in the manner provided in the town law and as to counties in 43 the state of New Jersey, such consent shall be authorized in the manner 44 provided in New Jersey statutes annotated, forty: one-one, et seq. Any 45 consent by either state shall be effective if given, and the terms and 46 conditions and execution of any agreement, deed, lease, conveyance or 47 other instrument pursuant to this section or any other section of this 48 part shall be effective if authorized by the governor of such state. 49 Any consent by a public authority, agency or commission shall be effec- 50 tive if given by such public authority, agency or commission. 51 9. The states of New York and New Jersey hereby consent to suits, 52 actions or proceedings by any municipality, public authority, agency or 53 commission against the port authority upon, in connection with or aris- 54 ing out of any agreement, or any amendment thereof, entered into for any 55 of the purposes of this part, as follows:S. 4456 123 1 a. for judgments, orders or decrees restraining or enjoining the port 2 authority from transferring title to real property to other persons in 3 cases where it has agreed with said municipality, public authority, 4 agency, or commission for transfer of such title to the municipality, 5 public authority, agency or commission; and 6 b. for judgments, orders or decrees restraining or enjoining the port 7 authority from committing or continuing to commit other breaches of such 8 agreement or any amendment thereof; provided, that such judgment, order 9 or decree shall not be entered except upon two days' prior written 10 notice to the port authority of the proposed entry thereof; and 11 provided further that upon appeal taken by the port authority from such 12 judgment, order or decree the service of the notice of appeal shall 13 perfect the appeal and stay the execution of such judgment, order or 14 decree appealed from without an undertaking or other security. 15 Nothing herein contained shall be deemed to revoke, rescind or affect 16 any consent to suits, actions, or proceedings against the port authority 17 heretofore given by the two said states in chapter three hundred one of 18 the laws of New York of nineteen hundred fifty and continued by part XIV 19 of this article, and chapter two hundred four of the laws of New Jersey 20 of nineteen hundred fifty-one. 21 10. The effectuation of industrial development projects or facilities 22 of any such projects or facilities constituting a portion of any indus- 23 trial development project or facility, are and will be in all respects 24 for the benefit of the people of the states of New York and New Jersey, 25 for the increase of their commerce and prosperity and for the improve- 26 ment of their health and living conditions; and the port authority and 27 any subsidiary corporation incorporated for any of the purposes of this 28 part shall be regarded as performing an essential governmental function 29 in undertaking the effectuation thereof, and in carrying out the 30 provisions of law relating thereto. 31 11. The port authority shall be required to pay no taxes or assess- 32 ments upon any of the property acquired and used by it for any of the 33 purposes of this part or upon any deed, mortgage or other instrument 34 affecting such property or upon the recording of any such instrument. 35 However, to the end that no taxing jurisdiction shall suffer undue loss 36 of taxes and assessments by reason of the acquisition and ownership of 37 property by the port authority for any of the purposes of this part, the 38 port authority is hereby authorized and empowered, in its discretion, to 39 enter into a voluntary agreement or agreements with any city, town, 40 township or village whereby the port authority will undertake to pay in 41 lieu of taxes a fair and reasonable sum, if any, or sums annually in 42 connection with any real property acquired and owned by the port author- 43 ity for any of the purposes of this part and to provide for the payment 44 as a rental or additional rental charge by any person occupying any 45 portion of any industrial development project or facility either as 46 lessee, vendee or otherwise of such reasonable sum, if any, or sums as 47 hereinafter provided. Such sums in connection with any real property 48 acquired and owned by the port authority for any of the purposes of this 49 part shall not be more than the sum last paid as taxes upon such real 50 property prior to the time of its acquisition by the port authority; 51 provided, however, that in connection with any portion of any industrial 52 development project or facility, which is owned by the port authority or 53 another governmental entity and improved pursuant to this part with 54 buildings, structures or improvements greater in value than the build- 55 ings, structures or improvements in existence at the time of its acqui- 56 sition, development or improvement by the port authority, any personS. 4456 124 1 occupying such portion of such industrial development project or facili- 2 ty either as lessee, vendee or otherwise shall, as long as title thereto 3 shall remain in the port authority or in another governmental entity, 4 pay as a rental or additional rental charge an amount in lieu of taxes, 5 if any, not in excess of the taxes on such improvements and on personal 6 property, including water and sewer service charges or assessments, 7 which such person would have been required to pay had it been the owner 8 of such property during the period for which such payment is made; 9 provided further, however, that neither the port authority nor any of 10 its projects, facilities, properties, monies or bonds and notes shall be 11 obligated, liable or subject to lien of any kind whatsoever for the 12 enforcement, collection or payment thereof. Each such city, town, town- 13 ship or village is hereby authorized and empowered to enter into such 14 agreement or agreements with the port authority which agreement or 15 agreements may also include provisions with respect to the joint review 16 of categories of tenants proposed as occupants for industrial develop- 17 ment projects or facilities with the cities, towns, townships or 18 villages in which they are proposed to be located, and to accept the 19 payment or payments which the port authority is hereby authorized and 20 empowered to make or which are paid by a person occupying any such 21 portion of such industrial development project or facility as rental or 22 as additional rental in lieu of taxes, and the sums so received by such 23 city, town, township or village shall be devoted to purposes to which 24 taxes may be applied in all affected taxing jurisdictions unless and 25 until otherwise directed by law of the state in which such city, town, 26 township or village is located. At least ten days prior to the authori- 27 zation by the port authority of any agreement provided for in this 28 subdivision, the port authority shall notify the chief executive officer 29 of each city in the port district within which an industrial development 30 project or facility has been included in the master plan provided for in 31 subdivision two of this section of the proposed authorization of such 32 agreement, shall seek their comments and shall include with such author- 33 ization any comments received from such city. The port authority shall 34 not sell or lease substantially all of an industrial development project 35 or facility to a proposed purchaser or lessee without the prior approval 36 by the municipality wherein the project or facility is located of such 37 purchaser or lessee. 38 12. Except as otherwise specifically provided, all details of the 39 effectuation, including but not limited to details of financing, leas- 40 ing, rentals, fees and other charges, rates, contracts and service, of 41 industrial development projects or facilities by the port authority 42 shall be within its sole discretion and its decision in connection with 43 any and all matters concerning industrial development projects or facil- 44 ities shall be controlling and conclusive; provided that the 45 construction and operation of any such project or facility shall conform 46 to the environmental and solid waste disposal standards and any state 47 and county plans therefor in the state in which such project or facility 48 is located. At least ninety days prior to the authorization by the port 49 authority of the first contract for the construction of any industrial 50 development project or facility, the port authority shall transmit to 51 the governor of the state in which such project or facility is to be 52 located a statement as to the conformance of such industrial development 53 project or facility with such environmental and solid waste disposal 54 standards and any state and county plans therefor, and shall consult 55 with such governor or his designee with respect thereto. The port 56 authority and the city, town, township or village in which any indus-S. 4456 125 1 trial development project or facility is to be located and for whose 2 benefit such project or facility is undertaken are hereby authorized and 3 empowered to enter into an agreement or agreements to provide which 4 local laws, resolutions, ordinances, rules and regulations, if any, of 5 such city, town, township or village affecting any industrial develop- 6 ment project or facility shall apply to such project or facility. All 7 other existing local laws, resolutions, ordinances or rules and regu- 8 lations not provided for in such agreement shall be applicable to such 9 industrial development projects or facilities. All such local laws, 10 resolutions, ordinances or rules and regulations enacted after the date 11 of such agreement or agreements shall not be applicable to such projects 12 or facilities unless made applicable by such agreement or agreements or 13 any modification or modifications thereto. 14 So long as any facility constituting a portion of any industrial 15 development project or facility shall be owned, controlled or operated 16 by the port authority, no public authority, agency, commission or muni- 17 cipality of either or both of the two states shall have jurisdiction 18 over such project or facility nor shall any such public authority, agen- 19 cy, commission or municipality have any jurisdiction over the terms or 20 method of effectuation of all or any portion thereof by the port author- 21 ity including but not limited to the transfer of all or any portion 22 thereof to or by the port authority; provided, however, the port 23 authority is authorized and empowered to submit to the jurisdiction over 24 such project or facility of either state or any department thereof or 25 any such public authority, agency, commission or municipality when the 26 exercise of such jurisdiction is necessary for the administration or 27 implementation of federal environmental or solid waste disposal legis- 28 lation by either state. 29 Nothing in this part shall be deemed to prevent the port authority 30 from establishing, acquiring, owning, leasing, constructing, effectuat- 31 ing, developing, maintaining, operating, rehabilitating, improving, 32 selling, transferring or mortgaging all or any portion of any industrial 33 development project or facility through wholly owned subsidiary corpo- 34 rations of the port authority or subsidiary corporations owned by the 35 port authority jointly with any public authority, agency or commission 36 of either or both of the two states or from transferring to or from any 37 such corporations any moneys, real property or other property for any of 38 the purposes of this part. If the port authority shall determine from 39 time to time to form such a subsidiary corporation it shall do so by 40 executing and filing with the secretary of state of the State of New 41 York and the secretary of state of the State of New Jersey a certificate 42 of incorporation, which may be amended from time to time by similar 43 filing, which shall set forth the name of such subsidiary corporation, 44 its duration, the location of its principal office, any joint owners 45 thereof, and the purposes of the incorporation which shall be one or 46 more of the purposes of establishing, acquiring, owning, leasing, 47 constructing, effectuating, developing, maintaining, operating, rehabil- 48 itating, improving, selling, transferring or mortgaging all or any 49 portion of any industrial development project or facility. The direc- 50 tors of such subsidiary corporation shall be the same persons holding 51 the offices of commissioners of the port authority together with persons 52 representing any joint owner thereof as provided for in the agreement in 53 connection with the incorporation thereof. Such subsidiary corporation 54 shall have all the powers vested in the port authority itself for the 55 purposes of this part except that it shall not have the power to 56 contract indebtedness. Such subsidiary corporation and any of its prop-S. 4456 126 1 erty, functions and activities shall have all of the privileges, immuni- 2 ties, tax exemptions and other exemptions of the port authority and of 3 the port authority's property, functions and activities. Such subsid- 4 iary corporation shall be subject to the restrictions and limitations to 5 which the port authority may be subject, including, but not limited to 6 the requirement that no action taken at any meeting of the board of 7 directors of such subsidiary corporation shall have force or effect 8 until the governors of the two states shall have an opportunity, in the 9 same manner and within the same time as now or hereafter provided by law 10 for approval or veto of actions taken at any meeting of the port author- 11 ity itself, to approve or veto such action. Such subsidiary corporation 12 shall be subject to suit in accordance with subdivision nine of this 13 section and chapter three hundred one of the laws of New York of nine- 14 teen hundred fifty and continued by part XIV of this article, and chap- 15 ter two hundred four of the laws of New Jersey of nineteen hundred 16 fifty-one as if such subsidiary corporation were the port authority 17 itself. Such subsidiary corporation may be a participating employer 18 under the New York retirement and social security law or any similar law 19 of either state and the employees of any such subsidiary corporation, 20 except those who are also employees of the port authority, shall not be 21 deemed employees of the port authority. 22 Whenever any state, municipality, commission, public authority, agen- 23 cy, officer, department, board or division is authorized and empowered 24 for any of the purposes of this part to co-operate and enter into agree- 25 ments with the port authority or to grant any consent to the port 26 authority or to grant, convey, lease or otherwise transfer any property 27 to the port authority or to execute any document, such state, munici- 28 pality, commission, public authority, agency, officer, department, board 29 or division shall have the same authorization and power for any of such 30 purposes to co-operate and enter into agreements with such subsidiary 31 corporation and to grant consents to such subsidiary corporation and to 32 grant, convey, lease or otherwise transfer property to such subsidiary 33 corporation and to execute documents for such subsidiary corporation. 34 13. The bonds issued by the port authority to provide funds for any of 35 the purposes of this part are hereby made securities in which all state 36 and municipal officers and bodies of both states, all trust companies 37 and banks other than savings banks, all building and loan associations, 38 savings and loan associations, investment companies and other persons 39 carrying on a commercial banking business, all insurance companies, 40 insurance associations and other persons carrying on an insurance busi- 41 ness, and all administrators, executors, guardians, trustees and other 42 fiduciaries, and all other persons whatsoever (other than savings 43 banks), who are now or may hereafter be authorized by either state to 44 invest in bonds of such state, may properly and legally invest any 45 funds, including capital, belonging to them or within their control, and 46 said bonds are hereby made securities which may properly and legally be 47 deposited with and shall be received by any state or municipal officer 48 or agency of either state for any purpose for which the deposit of bonds 49 of such state is now or may hereafter be authorized. The bonds issued 50 by the port authority to provide funds for any of the purposes of this 51 part as security for which the general reserve fund shall have been 52 pledged in whole or in part are hereby made securities in which all 53 savings banks also may properly and legally invest any funds including 54 capital, belonging to them or within their control. 55 14. Subsequent to and subject to the execution of the agreement or 56 agreements authorized by subdivisions eleven and twelve of this sectionS. 4456 127 1 the projects and facilities and at the locations specified therein, if 2 the port authority shall find it necessary, convenient or desirable to 3 acquire from time to time any real property or any property other than 4 real property (including but not limited to contract rights and other 5 tangible or intangible personal property), for any of the purposes of 6 this act whether for immediate or future use (including temporary 7 construction, rehabilitation or improvement), the port authority may 8 find and determine that such property, whether a fee simple absolute or 9 a lesser interest, is required for a public use, and upon such determi- 10 nation the said property shall be and shall be deemed to be required for 11 such public use until otherwise determined by the port authority, and 12 such determination shall not be affected by the fact that such property 13 has theretofore been taken for and is then devoted to a public use; but 14 the public use in the hands of or under the control of the port authori- 15 ty shall be deemed superior to the public use in the hands of any other 16 person, association or corporation. 17 The port authority may acquire and is hereby authorized so to acquire 18 from time to time, for any of the purposes of this part, such property, 19 whether a fee simple absolute or a lesser estate, by condemnation 20 (including the exercise of the right of eminent domain) under and pursu- 21 ant to the provisions of the eminent domain procedure law of the state 22 of New York in the case of property located in or having its situs in 23 such state, and chapter three hundred sixty-one of the laws of New 24 Jersey of nineteen hundred seventy-one, in the case of property located 25 in or having its situs in such state, or, at the option of the port 26 authority, as provided in section fifteen of chapter forty-three of the 27 laws of New Jersey of nineteen hundred forty-seven, as amended, in the 28 case of property located in or having its situs in such state, or pursu- 29 ant to such other and alternate procedure as may be provided by law of 30 the state in which such property is located or has its situs; and all of 31 said statutes for the acquisition of real property shall, for any of the 32 purposes of this part, be applied also to the acquisition of other prop- 33 erty authorized by this subdivision, except that such provisions as 34 pertain to surveys, diagrams, maps, plans or profiles, assessed valu- 35 ation, lis pendens, service of notice and papers, filing in the office 36 of the clerk in which the real property affected is situated and such 37 other provisions as by their nature cannot be applicable to property 38 other than real property, shall not be applicable to the acquisition of 39 such other property. In the event that any property other than real 40 property is acquired for any of the purposes of this part under this 41 section then, with respect to such other property, notice of such 42 proceeding and all subsequent notices or court processes shall be served 43 upon the owners of such other property and upon the port authority by 44 personal service or by registered or certified mail, except as may be 45 otherwise directed by the court. 46 The port authority is hereby authorized and empowered, in its 47 discretion, from time to time to combine any property which is to be 48 acquired as aforesaid by condemnation for any of the purposes of this 49 part for acquisition in a single action or proceeding notwithstanding 50 that part of the property so to be acquired is personal property or 51 mixed real and personal property or may be owned by more than one owner. 52 The owner of any property acquired by condemnation or the exercise of 53 the right of eminent domain for any of the purposes of this act shall 54 not be awarded for such property any increment above the just compen- 55 sation required by the constitutions of the United States and of theS. 4456 128 1 state or states in which the property is located or has its situs by 2 reason of any circumstances whatsoever. 3 Nothing herein contained shall be construed to prevent the port 4 authority from bringing any proceedings to remove a cloud on title or 5 such other proceedings as it may, in its discretion, deem proper and 6 necessary, or from acquiring any such property by negotiation or 7 purchase. 8 Where a person entitled to an award in the proceedings for the acqui- 9 sition of property by condemnation or the right of eminent domain for 10 any of the purposes of this part remains in possession of such property 11 after the time of the vesting of title in the port authority, the 12 reasonable value of this use and occupancy of such property subsequent 13 to such time, as fixed by agreement or by the court in such proceedings 14 or by any court of competent jurisdiction, shall be a lien against such 15 award, subject only to liens of record at the time of the vesting of 16 title in the port authority. 17 15. The port authority and its duly authorized agents, and all persons 18 acting under its authority and by its direction, may enter in the 19 daytime into and upon any real property for the purpose of making such 20 surveys, diagrams, maps, plans, soundings or borings as the port author- 21 ity may deem necessary, convenient or desirable for any of the purposes 22 of this part. 23 16. Any declarations contained herein with respect to the governmental 24 nature and public purpose of any industrial development project or 25 facility and to the exemption of any industrial development project or 26 facility property and instruments relating thereto from taxation and to 27 the discretion of the port authority with respect to said projects or 28 facilities shall not be construed to imply that other port authority 29 facilities, property and operations are not of a governmental nature or 30 do not serve public purposes, or that they are subject to taxation, or 31 that the determinations of the port authority with respect thereto are 32 not conclusive. The powers hereby vested in the port authority and in 33 any subsidiary corporation incorporated for any of the purposes of this 34 act (including but not limited to the power to acquire real property by 35 condemnation or the exercise of the right of eminent domain) shall be 36 continuing powers and no exercise thereof by the port authority or a 37 subsidiary corporation incorporated for any of the purposes of this part 38 shall be deemed to exhaust them or any of them. 39 17. This subdivision and the preceding subdivisions hereof constitute 40 an agreement between the states of New York and New Jersey supplementary 41 to the compact between the two states dated April thirtieth, nineteen 42 hundred twenty-one and amendatory thereof, and shall be liberally 43 construed to effectuate the purposes of said compact and of the compre- 44 hensive plan heretofore adopted by the two states, and the powers grant- 45 ed to the port authority shall be construed to be in aid of and not in 46 limitation or in derogation of any other powers, heretofore conferred 47 upon or granted to the port authority. 48 18. If any section, phrase, or provision of this part or the applica- 49 tion thereof to any person or circumstances be adjudged invalid by any 50 court of competent jurisdiction, so long as the section or remainder of 51 the part shall nonetheless permit the effectuation, as a unified 52 project, of any industrial development project or facility, such judg- 53 ment shall be confined in its operation to the section, part, phrase, 54 provision or application directly involved in the controversy in which 55 such judgment shall have been rendered and shall not affect or impair 56 the validity of the remainder of this act or the application thereof toS. 4456 129 1 other persons or circumstances and the two states hereby declare that 2 they would have entered into this part or the remainder thereof had the 3 invalidity of such provision or application thereof been apparent. 4 19. A copy of the minutes of any action taken at any meeting of the 5 port authority in connection with any modification, addition or deletion 6 in or to any or all of the covenants with or pledges to bondholders 7 contained in a resolution authorizing the issuance of consolidated bonds 8 of the port authority from such covenants or pledges set forth in the 9 immediately preceding resolution of the port authority authorizing the 10 issuance of such bonds shall be filed with the temporary president and 11 minority leader of the senate and the speaker and minority leader of the 12 assembly of the state of New York and the secretary of the senate and 13 clerk of the general assembly of the state of New Jersey within ten 14 calendar days prior to transmitting the same to the governor of each 15 state for review if the legislature of such state be in session and not 16 adjourned for more than two days, and, in the event the legislatures of 17 the respective states are not in session or are adjourned for more than 18 two days, the same shall be filed with such officers thirty calendar 19 days prior to transmitting the same to the governor of each state for 20 review. Notice of such filing shall be provided to the governor of each 21 state at the same time. 22 The temporary president and minority leader of the senate and the 23 speaker and minority leader of the assembly of the state of New York and 24 the speaker of the general assembly and the president of the senate of 25 the state of New Jersey, or their representatives designated by them in 26 writing for this purpose, may by certificate filed with the secretary of 27 the port authority waive the foregoing filing requirement with respect 28 to any specific minutes. 29 20. The port authority shall file with the temporary president and 30 minority leader of the senate, the speaker and minority leader of the 31 assembly, the chairman of the assembly ways and means committee and the 32 chairman of the senate finance committee of the state of New York and 33 the president, minority leader and secretary of the senate and the 34 speaker and minority leader and clerk of the general assembly of the 35 state of New Jersey a copy of the minutes of any action taken at any 36 public meeting of the port authority in connection with any of the 37 purposes of this part. Such filing shall be made at least ten calendar 38 days before such minutes are transmitted to the governor of each state 39 for review; and notice of such filing shall be provided to the governor 40 of each state at the same time. 41 The temporary president and minority leader of the senate, the speaker 42 and minority leader of the assembly, the chairman of the assembly ways 43 and means committee and the chairman of the senate finance committee of 44 the state of New York and the speaker and minority leader of the general 45 assembly and the president and the minority leader of the senate of the 46 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 21. The comptroller of the state of New York and the treasurer of the 51 state of New Jersey may each from time to time request a special report 52 with such information as each such officer may require with respect 53 thereto from the port authority with respect to any or all industrial 54 development projects or facilities.S. 4456 130 1 PART XXVIII 2 BUS TRANSPORTATION 3 Section 2801. Findings and determinations. 4 2802. Definitions. 5 2803. Bus transportation. 6 § 2801. Findings and determinations. The states of New York and New 7 Jersey hereby find and determine that: 8 1. The efficient, economical and convenient mass transportation of 9 persons to, from and within the port district as defined in the compact 10 between the two states dated April thirtieth, nineteen hundred twenty- 11 one is vital and essential to the preservation and economic well being 12 of the northern New Jersey-New York metropolitan area; 13 2. In order to deter the economic deterioration of the northern New 14 Jersey-New York metropolitan area adequate facilities for the mass 15 transportation of persons must be provided and buses are and will remain 16 of extreme importance in such transportation; 17 3. The provision of mass transportation including bus transportation 18 in urban areas has become financially burdensome and may result in the 19 additional curtailment of significant portions of this essential public 20 service; 21 4. The economic viability of the existing facilities operated by the 22 port authority is dependent upon the effective and efficient functioning 23 of the transportation network of the northern New Jersey-New York metro- 24 politan area and access to and proper utilization of such port authority 25 facilities would be adversely affected if users of bus transportation 26 were to find such transportation unavailable or significantly curtailed; 27 5. Buses serving regional bus routes and feeder bus routes and ancil- 28 lary bus facilities constitute an essential part of the mass commuter 29 facilities of the port district; 30 6. The continued availability of bus transportation requires substan- 31 tial replacement of and additions to the number of buses presently in 32 use in the northern New Jersey-New York metropolitan area; 33 7. The port authority which was created by agreement of the two states 34 as their joint agent for the development of transportation and terminal 35 facilities and other facilities of commerce of the port district and for 36 the promotion and protection of the commerce of their port, is a proper 37 agency to provide such buses to each of the two states and such 38 provision of buses by the port authority is in the interest of the 39 continued viability of the facilities of the port authority, and is in 40 the public interest; 41 8. The operation of the facilities of the port authority, including 42 but not limited to the port authority bus terminal at forty-first street 43 and eighth avenue in New York county in the city and state of New York 44 and the extension thereto currently under construction (hereinafter 45 called the "bus terminal"), the George Washington bridge bus station and 46 the provision of buses and ancillary bus facilities pursuant to this 47 part involve the exercise of public and essential governmental functions 48 which must be performed by the two states or any municipality, public 49 authority, agency, or commission of either or both states; 50 9. The revision to the port authority bridge and tunnel toll schedules 51 which was effective May fifth, nineteen hundred seventy-five, is 52 expected to result in additional revenues to the port authority suffi- 53 cient to support the financing with consolidated bonds of the port 54 authority of approximately four hundred million dollars for passenger 55 mass transportation capital projects (hereinafter called "passengerS. 4456 131 1 facilities"), approximately one hundred sixty million dollars thereof 2 being allocated to the extension to the bus terminal, with the remaining 3 two hundred forty million dollars to be allocated on the basis of one 4 hundred twenty million dollars in each state for passenger facilities, 5 including but not limited to the acquisition, development and financing 6 of buses and related facilities, as determined by each such state and 7 the port authority acting pursuant to legislative authorization and 8 commitments to the holders of port authority obligations; and 9 10. The port authority's function as a regional agency of the two 10 states makes it appropriate that line-haul regional bus route passenger 11 facilities be equipped pursuant to this part with buses and ancillary 12 bus facilities and that the need for development and equipment of such 13 routes be satisfied on a priority basis. 14 § 2802. Definitions. For the purpose of this part: 15 1. "Ancillary bus facilities" shall mean any facilities useful in the 16 provision of service for line-haul regional or feeder bus routes includ- 17 ing but not limited to (a) fare collection, communication, signal and 18 identification equipment, (b) equipment to aid in the provision of bus 19 service to the elderly and handicapped, (c) maintenance, repair and 20 storage facilities and equipment, and (d) bus stations for use primarily 21 by passengers traveling between New York and New Jersey; automobile 22 parking lots for use by people who transfer to buses on line-haul 23 regional bus routes or feeder bus routes; and shelters at roadside bus 24 stops to afford waiting bus passengers protection from precipitation and 25 wind; 26 2. "Buses" shall mean vehicles containing seats for twelve or more 27 passengers which are designed for and regularly used in scheduled common 28 carrier passenger mass transportation service on streets, highways and 29 exclusive busways and which are not designed or used for railroad 30 purposes; 31 3. "Consolidated bonds" shall mean consolidated bonds of the issue 32 established by the resolution of the port authority, adopted October 33 ninth, nineteen hundred fifty-two; 34 4. "Develop" shall mean plan, design, construct, improve or rehabili- 35 tate; 36 5. "Feeder bus routes" shall mean those bus routes entirely within the 37 regional bus area which connect within the port district with a bus stop 38 on a line-haul regional bus route, a passenger ferry, or a railroad 39 station; 40 6. "Line-haul regional bus routes" shall mean bus routes which are 41 entirely within the regional bus area and which extend from a point 42 outside the county in which the bus terminal is located to a point in 43 such county; 44 7. "Municipality" shall mean a county, city, borough, village, town, 45 township, or other similar political subdivision of New York or New 46 Jersey; 47 8. "Person" shall mean any person, including individuals, firms, part- 48 nerships, associations, societies, trusts, public utilities, public or 49 private corporations, or other legal entities, including public or 50 governmental bodies, which may include the port authority, as well as 51 natural persons; 52 9. "Railroad station" shall mean a stop on a rail or subway system at 53 which passengers embark or disembark; and 54 10. "Regional bus area" shall mean that area in the states of New York 55 and New Jersey which lies within a radius of seventy-five miles of the 56 bus terminal.S. 4456 132 1 § 2803. Bus transportation. 1. The port authority is authorized and 2 empowered to acquire, develop, finance, and transfer buses and ancillary 3 bus facilities for the purpose of leasing, selling, transferring or 4 otherwise disposing of such buses and ancillary bus facilities only to 5 the state of New York and the state of New Jersey or to any public 6 authority, agency, commission, city or county thereof and designated by 7 such state (hereinafter called the "lessee"). Such buses may be used 8 only on line-haul regional bus routes or on feeder bus routes and such 9 ancillary bus facilities shall be developed for and used in connection 10 with buses which travel on line-haul regional bus routes or feeder bus 11 routes; provided, however, that (a) such buses may be used for charter 12 bus trips which originate in the regional bus area, which take place 13 when such buses are not needed for service on line-haul regional bus 14 routes or feeder bus routes, and which comply with all applicable 15 requirements including but not limited to those of the port authority 16 and the lessee; and (b) provided that fare collection, communication and 17 identification equipment and maintenance, repair and storage facilities 18 and equipment acquired pursuant to this act may be utilized in 19 connection with bus service which is not on line-haul regional or feeder 20 bus routes to the extent that such utilization shall comply with all 21 applicable requirements including but not limited to those of the port 22 authority and the lessee. Ancillary bus facilities which are not located 23 on buses or which are not otherwise intended to be moved from place to 24 place shall be located only within the port district. 25 2. Any such lease, sale, transfer or other disposition of buses and 26 ancillary bus facilities shall be on such terms and conditions, includ- 27 ing consideration, consistent with this part as the port authority shall 28 deem in the public interest and which shall be acceptable to the port 29 authority and the lessee. Notwithstanding any contrary provision of law, 30 general, special or local, part of the consideration for any such lease 31 or transfer shall consist of an agreement by the lessee to maintain and 32 use such buses and ancillary bus facilities, or cause such buses and 33 ancillary bus facilities to be maintained and used by others under 34 agreement with the lessee, in the effective and efficient transportation 35 of passengers in accordance with this act and the port authority may 36 accept such agreement in lieu of any other consideration for such lease 37 or transfer. The lessee shall be responsible for the proper operation, 38 maintenance, repair and use of the buses and ancillary bus facilities 39 and the port authority shall not be liable in any respect by reason of 40 the ownership, development, operation, maintenance, repair or use of 41 such buses and ancillary bus facilities. Anything contained in this part 42 to the contrary notwithstanding, development of such buses and ancillary 43 bus facilities and introduction into service of such buses shall be 44 subject to the approval of the lessee. 45 3. The two states covenant and agree with each other and with the 46 holders of the present and future obligations of the port authority that 47 (a) the lessee of buses or ancillary bus facilities leased, transferred 48 or otherwise disposed of pursuant to this part shall be required to 49 defend and to provide for indemnification, subject to appropriations or 50 other funds which are or become legally available for this purpose, of 51 the port authority against any liability of whatsoever form or nature as 52 may be imposed upon the port authority by reason of the ownership, 53 development, operation, maintenance, repair or use thereof or arising 54 otherwise out of the port authority's interest therein; (b) the lessee 55 shall be required to provide for and be responsible for the proper oper- 56 ation, maintenance, repair, and use of such buses and ancillary busS. 4456 133 1 facilities leased, transferred or otherwise disposed of pursuant to this 2 part and the port authority shall have no responsibility as to such 3 operation, maintenance, repair or use; and (c) neither the states nor 4 the port authority will apply to any purpose in connection with or 5 relating to the operation, maintenance, repair or use of such bus or 6 ancillary bus facilities leased, transferred or otherwise disposed of 7 pursuant to this part, other than purposes in connection with the utili- 8 zation of other port authority facilities by such buses and passenger 9 information purposes, any of the rentals, tolls, fares, fees, charges, 10 revenues, reserves or other funds of the port authority which have been 11 or shall be pledged in whole or in part as security for obligations as 12 security for which there may be or shall be pledged, in whole or in part 13 the general reserve fund of the port authority. 14 4. Any capital expenditures by the port authority for buses and ancil- 15 lary bus facilities to be leased, sold, transferred or otherwise 16 disposed of pursuant to this part shall be made with the proceeds of 17 consolidated bonds of the port authority, which may be issued to finance 18 such capital expenditures, and such capital expenditures shall be a part 19 of and shall not exceed the allocations for passenger facilities to be 20 made from time to time as determined in accordance with subdivision nine 21 of section twenty-eight hundred one of this part. 22 5. The port authority is authorized and empowered to cooperate with 23 the states of New York and New Jersey, with any municipality thereof, 24 with the federal government and any public authority, agency or commis- 25 sion of the foregoing or with any one or more of them or with any other 26 person to the extent that it finds it necessary and desirable to do so 27 in connection with the acquisition, development, financing, leasing, 28 sale, transfer or other disposition of buses and ancillary bus facili- 29 ties and to enter into an agreement or agreements (and from time to time 30 to enter into agreements amending or supplementing the same) with said 31 states, municipalities, federal government, public authorities, agen- 32 cies, commissions and persons or with any one or more of them for or 33 relating to such purposes. 34 6. Notwithstanding any contrary provision of law, general, special or 35 local, either state or any municipality, public authority, agency, or 36 commission of either or both of said two states or any other person is 37 authorized and empowered to cooperate with the port authority and to 38 enter into an agreement or agreements (and from time to time to enter 39 into agreements amending or supplementing the same) with the port 40 authority including but not limited to the agreements with respect to 41 buses and ancillary bus facilities leased, transferred or otherwise 42 disposed of pursuant to this part, upon such reasonable terms and condi- 43 tions as determined by such state, municipality, public authority, agen- 44 cy, commission or person and the port authority. 45 7. Any consent by a municipality shall be given and the terms, condi- 46 tions and execution by a municipality of any agreement, deed, lease, 47 conveyance or other instrument pursuant to this subdivision or any other 48 subdivision of this section shall be authorized in the manner provided 49 in article twenty-two of the compact of April thirtieth, nineteen 50 hundred twenty-one between the two states creating the port authority, 51 except that as to towns in the state of New York, such consent shall be 52 authorized in the manner provided in the town law and as to counties in 53 the state of New Jersey, such consent shall be authorized in the manner 54 provided in New Jersey statutes annotated, title forty: chapter one, 55 section one, et seq. The terms and conditions and execution by either 56 state of any agreement, consent, designation, determination, deed,S. 4456 134 1 lease, conveyance or other instrument pursuant to this subdivision or 2 any other subdivision of this section shall be effective if authorized 3 by the governor of such state. The powers herein granted to either state 4 or any municipality, public authority, agency or commission shall be 5 construed to be in aid of and not in limitation or in derogation of any 6 such powers heretofore or hereafter conferred upon or granted to such 7 state, municipality, public authority, agency or commission. Any consent 8 by a public authority, agency or commission shall be effective if given 9 by such public authority, agency or commission. 10 8. The port authority shall be required to pay no taxes or assessments 11 upon any of the property, real or personal, acquired or used by it for 12 any purpose of this part or upon any lease, deed, mortgage or other 13 instrument affecting such property or upon the recording of any instru- 14 ment made in connection with the acquisition, development, financing, 15 lease, sale, transfer or other disposition or use of such property. 16 9. The port authority shall not be subject to the jurisdiction of any 17 municipality, public authority, agency or commission of either or both 18 of the two states in connection with the acquisition, development, 19 financing, lease, sale, transfer or other disposition of buses, ancil- 20 lary bus facilities or otherwise in connection with the purposes of this 21 part. 22 10. The acquisition, development, financing, leasing, sale, transfer 23 or other disposition by the port authority of buses and ancillary bus 24 facilities in accordance with this part are and will be in all respects 25 for the benefit of the people of the said two states, for the increase 26 of their commerce and prosperity and for the improvement of their 27 health, safety and living conditions and shall be deemed to be public 28 purposes; and the port authority shall be regarded as performing an 29 essential governmental function in undertaking such acquisition, devel- 30 opment, financing, leasing, sale, transfer or other disposition or 31 otherwise carrying out the provisions of this part. 32 11. Any declarations contained herein with respect to the governmental 33 nature and public purposes of the facilities authorized by this part and 34 to the exemption of such facilities and instruments relating thereto 35 from taxation and to the discretion of the port authority with respect 36 to said facilities shall not be construed to imply that other port 37 authority facilities, property and operations are not of a governmental 38 nature or do not serve public purposes, or that they are subject to 39 taxation, or that the determinations of the port authority with respect 40 thereto are not conclusive. 41 12. This subdivision and the preceding subdivisions hereof constitute 42 an agreement between the states of New York and New Jersey supplementary 43 to the compact between the two states dated April thirtieth, nineteen 44 hundred twenty-one and amendatory thereof, and shall be liberally 45 construed to effectuate the purposes of said compact and of the compre- 46 hensive plan heretofore adopted by the two states, and the powers grant- 47 ed to the port authority shall be construed to be in aid of and not in 48 limitation or in derogation of any other powers heretofore conferred 49 upon or granted to the port authority. 50 PART XXIX 51 GENERAL RESERVE FUND 52 Section 2901. Definitions. 53 2902. Establishment of general reserve fund. 54 2903. Effective date.S. 4456 135 1 § 2901. Definitions. As used in this part: 2 (a) "Port authority" means the port of New York authority created by 3 the compact of April thirtieth, nineteen hundred twenty-one, between the 4 states of New York and New Jersey and continued by part I of this arti- 5 cle. 6 (b) "Bonds legal for investment" means bonds or other obligations or 7 securities of the port authority, in which savings banks in both of the 8 two said states are now or may hereafter be authorized to invest funds 9 within their control. 10 (c) "Terminal and/or transportation facilities" means terminal and/or 11 transportation facilities as used in the said compact of April thirti- 12 eth, nineteen hundred twenty-one, and as defined in subdivisions eleven 13 and twelve of section one hundred three of this article. 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 or to 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 § 2902. Establishment of general reserve fund. In all cases where the 27 port authority has raised or shall hereafter raise moneys for the estab- 28 lishment, acquisition, construction or effectuation of terminal and/or 29 transportation facilities by the issue and sale of bonds legal for 30 investment, as herein defined and limited, the surplus revenues received 31 by or accruing to the port authority from or in connection with the 32 operation of such terminal and/or transportation facilities built in 33 whole or in part by the proceeds of the sale of such bonds shall be 34 pooled and applied by it to the establishment and maintenance of a 35 general reserve fund in an amount equal to one-tenth (1/10) of the par 36 value of all bonds legal for investment, as herein defined and limited, 37 issued by the port authority and currently outstanding. The moneys in 38 the said general reserve fund may be pledged in whole or in part by the 39 port authority as security for or applied by it to the repayment with 40 interest of any moneys which it has raised or may hereafter raise upon 41 any bonds, legal or investment, as herein defined and limited, and made 42 and issued by it for any of its lawful purposes; and the said moneys may 43 be applied by the port authority to the fulfillment of any other under- 44 takings which it has assumed or may or shall hereafter assume to or for 45 the benefit of the holders of any of such bonds. 46 Any surplus revenues not required for the establishment and mainte- 47 nance of the aforesaid general reserve fund shall be used for such 48 purposes as may hereafter be directed by the two said states. 49 § 2903. Effective date. This part shall take effect upon the enactment 50 into law by the state of New Jersey of legislation having an identical 51 effect with this act, but if the State of New Jersey has already enacted 52 such legislation, this part shall take effect immediately. 53 ARTICLE II 54 THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND 55 NEW JERSEY COMPACT 56 PART IS. 4456 136 1 THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND 2 NEW JERSEY COMPACT 3 Section 3001. Compact. 4 3002. Findings and declarations. 5 3003. Definitions. 6 3004. Waterfront and airport commission of New York and New 7 Jersey. 8 3005. General powers of commission. 9 3006. Pier superintendents and hiring agents. 10 3007. Stevedores. 11 3008. Prohibition of public loading. 12 3009. Longshoreman. 13 3010. Regularization of longshoremen's employment. 14 3011. Port watchmen. 15 3012. Hearings, determinations and review. 16 3013. Employment information centers. 17 3014. Expenses of administration. 18 3015. General violations; prosecutions; penalties. 19 3016. Collective bargaining safeguarded. 20 3017. Amendments; construction; short title. 21 § 3001. Compact. The "waterfront and airport commission of New York 22 and New Jersey compact" as first enacted by chapter eight hundred eight- 23 y-two of the laws of nineteen hundred fifty-three is hereby continued to 24 read as follows. The state of New York hereby agrees with the state of 25 New Jersey, upon the enactment by the state of New Jersey of legislation 26 having the same effect as this section, to the following compact. 27 § 3002. Findings and declarations. 1. The states of New York and New 28 Jersey hereby find and declare that the conditions under which water- 29 front labor is employed within the port of New York district are 30 depressing and degrading to such labor, resulting from the lack of any 31 systematic method of hiring, the lack of adequate information as to the 32 availability of employment, corrupt hiring practices and the fact that 33 persons conducting such hiring are frequently criminals and persons 34 notoriously lacking in moral character and integrity and neither respon- 35 sive or responsible to the employers nor to the uncoerced will of the 36 majority of the members of the labor organizations of the employees; 37 that as a result waterfront laborers suffer from irregularity of employ- 38 ment, fear and insecurity, inadequate earnings, an unduly high accident 39 rate, subjection to borrowing at usurious rates of interest, exploita- 40 tion and extortion as the price of securing employment and a loss of 41 respect for the law; that not only does there result a destruction of 42 the dignity of an important segment of American labor, but a direct 43 encouragement of crime which imposes a levy of greatly increased costs 44 on food, fuel and other necessaries handled in and through the port of 45 New York district. 46 2. The states of New York and New Jersey hereby find and declare that 47 many of the evils above described result not only from the causes above 48 described but from the practices of public loaders at piers and other 49 waterfront terminals; that such public loaders serve no valid economic 50 purpose and operate as parasites exacting a high and unwarranted toll on 51 the flow of commerce in and through the port of New York district, and 52 have used force and engaged in discriminatory and coercive practices 53 including extortion against persons not desiring to employ them; and 54 that the function of loading and unloading trucks and other land vehi-S. 4456 137 1 cles at piers and other waterfront terminals can and should be 2 performed, as in every other major American port, without the evils and 3 abuses of the public loader system, and by the carriers of freight by 4 water, stevedores and operators of such piers and other waterfront 5 terminals or the operators of such trucks or other land vehicles. 6 3. The states of New York and New Jersey hereby find and declare that 7 many of the evils above described result not only from the causes above 8 described but from the lack of regulation of the occupation of steve- 9 dores; that such stevedores have engaged in corrupt practices to induce 10 their hire by carriers of freight by water and to induce officers and 11 representatives of labor organizations to betray their trust to the 12 members of such labor organizations. 13 4. The states of New York and New Jersey hereby find and declare that 14 the occupations of longshoremen, stevedores, pier superintendents, 15 hiring agents and port watchmen are affected with a public interest 16 requiring their regulation and that such regulation shall be deemed an 17 exercise of the police power of the two states for the protection of the 18 public safety, welfare, prosperity, health, peace and living conditions 19 of the people of the two states. 20 § 3003. Definitions. As used in this compact: 21 1. "The port of New York district" shall mean the district created by 22 article II of the compact dated April thirtieth, nineteen hundred twen- 23 ty-one, between the states of New York and New Jersey, authorized by 24 chapter one hundred fifty-four of the laws of New York of nineteen 25 hundred twenty-one and continued by article I of this chapter, and chap- 26 ter one hundred fifty-one of the laws of New Jersey of nineteen hundred 27 twenty-one. 28 2. "Commission" shall mean the waterfront and airport commission of 29 New York and New Jersey established by section three thousand four of 30 this part. 31 3. "Pier" shall include any wharf, pier, dock or quay. 32 4. "Other waterfront terminal" shall include any warehouse, depot or 33 other terminal (other than a pier) which is located within one thousand 34 yards of any pier in the port of New York district and which is used for 35 waterborne freight in whole or substantial part. 36 5. "Person" shall mean not only a natural person but also any partner- 37 ship, joint venture, association, corporation or any other legal entity 38 but shall not include the United States, any state or territory thereof 39 or any department, division, board, commission or authority of one or 40 more of the foregoing. 41 6. "Carrier of freight by water" shall mean any person who may be 42 engaged or who may hold himself out as willing to be engaged, whether as 43 a common carrier, as a contract carrier or otherwise (except for 44 carriage of liquid cargoes in bulk in tank vessels designed for use 45 exclusively in such service or carriage by barge of bulk cargoes 46 consisting of only a single commodity loaded or carried without wrappers 47 or containers and delivered by the carrier without transportation mark 48 or count) in the carriage of freight by water between any point in the 49 port of New York district and a point outside said district. 50 7. "Waterborne freight" shall mean freight carried by or consigned for 51 carriage by carriers of freight by water. 52 8. "Longshoreman" shall mean a natural person, other than a hiring 53 agent, who is employed for work at a pier or other waterfront terminal, 54 either by a carrier of freight by water or by a stevedore: 55 (a) physically to move waterborne freight on vessels berthed at piers, 56 on piers or at other waterfront terminals, orS. 4456 138 1 (b) to engage in direct and immediate checking of any such freight or 2 of the custodial accounting therefor or in the recording or tabulation 3 of the hours worked at piers or other waterfront terminals by natural 4 persons employed by carriers of freight by water or stevedores, or 5 (c) to supervise directly and immediately others who are employed as 6 in subdivision (a) of this section. 7 9. "Pier superintendent" shall mean any natural person other than a 8 longshoreman who is employed for work at a pier or other waterfront 9 terminal by a carrier of freight by water or a stevedore and whose work 10 at such pier or other waterfront terminal includes the supervision, 11 directly or indirectly, of the work of longshoremen. 12 10. "Port watchman" shall include any watchman, gateman, roundsman, 13 detective, guard, guardian or protector of property employed by the 14 operator of any pier or other waterfront terminal or by a carrier of 15 freight by water to perform services in such capacity on any pier or 16 other waterfront terminal. 17 11. "Longshoremen's register" shall mean the register of eligible 18 longshoremen compiled and maintained by the commission pursuant to 19 section three thousand nine of this part. 20 12. "Stevedore" shall mean a contractor (not including an employee) 21 engaged for compensation pursuant to a contract or arrangement with a 22 carrier of freight by water, in moving waterborne freight carried or 23 consigned for carriage by such carrier on vessels of such carrier 24 berthed at piers, on piers at which such vessels are berthed or at other 25 waterfront terminals. 26 13. "Hiring agent" shall mean any natural person, who on behalf of a 27 carrier of freight by water or a stevedore shall select any longshoreman 28 for employment. 29 14. "Compact" shall mean this compact and rules or regulations 30 lawfully promulgated thereunder. 31 § 3004. Waterfront and airport commission of New York and New Jersey. 32 1. There is hereby created the waterfront and airport commission of New 33 York and New Jersey, which shall be a body corporate and politic, an 34 instrumentality of the states of New York and New Jersey. 35 2. The commission shall consist of four members, two to be chosen by 36 the state of New Jersey and two to be chosen by the state of New York. 37 The members representing each state shall be appointed by the governor 38 of such state with the advice and consent of the senate thereof, without 39 regard to the state of residence of such members, and shall receive 40 compensation to be fixed by the governor of such state. The term of 41 office of each member shall be for four years; provided, however, that 42 the two present members of the commission heretofore appointed shall 43 continue to serve as members until the expiration of the respective 44 terms for which they were appointed, that the term of the two new 45 members shall expire on June thirtieth, nineteen hundred seventy-three, 46 and that the term of the successors to the present members shall expire 47 on June thirtieth, nineteen hundred seventy-five. Each member shall 48 hold office until his successor has been appointed and qualified. 49 Vacancies in office shall be filled for the balance of the unexpired 50 term in the same manner as original appointments. 51 3. Three members of the commission shall constitute a quorum; but the 52 commission shall act only by a majority vote of all its members. Any 53 member may, by written instrument filed in the office of the commission, 54 designate any officer or employee of the commission to act in his place 55 as a member whenever he shall be unable to attend a meeting of the 56 commission. A vacancy in the office of a member shall not impair suchS. 4456 139 1 designation until the vacancy shall have been filled. The commission 2 shall elect one of its members to serve as chairman for a term of one 3 year; provided, however, that the term of the first chairman shall 4 expire on June thirtieth, nineteen hundred seventy-one. The chairman 5 shall represent a state other than the state represented by the imme- 6 diately preceding chairman. 7 § 3005. General powers of commission. In addition to the powers and 8 duties elsewhere prescribed in this compact, the commission shall have 9 the power: 10 1. To sue and be sued; 11 2. To have a seal and alter the same at pleasure; 12 3. To acquire, hold and dispose of real and personal property by gift, 13 purchase, lease, license or other similar manner, for its corporate 14 purposes; 15 4. To determine the location, size and suitability of accommodations 16 necessary and desirable for the establishment and maintenance of the 17 employment information centers provided in section three thousand thir- 18 teen of this part and for administrative offices for the commission; 19 5. To appoint such officers, agents and employees as it may deem 20 necessary, prescribe their powers, duties and qualifications and fix 21 their compensation and retain and employ counsel and private consultants 22 on a contract basis or otherwise; 23 6. To administer and enforce the provisions of this compact; 24 7. To make and enforce such rules and regulations as the commission 25 may deem necessary to effectuate the purposes of this compact or to 26 prevent the circumvention or evasion thereof, to be effective upon 27 publication in the manner which the commission shall prescribe and upon 28 filing in the office of the secretary of state of each state. A certi- 29 fied copy of any such rules and regulations, attested as true and 30 correct by the commission, shall be presumptive evidence of the regular 31 making, adoption, approval and publication thereof; 32 8. By its members and its properly designated officers, agents and 33 employees, to administer oaths and issue subpoenas to compel the attend- 34 ance of witnesses and the giving of testimony and the production of 35 other evidence; 36 9. To have for its members and its properly designated officers, 37 agents and employees, full and free access, ingress and egress to and 38 from all vessels, piers and other waterfront terminals or other places 39 in the port of New York district, for the purposes of making inspection 40 or enforcing the provisions of this compact; and no person shall 41 obstruct or in any way interfere with any such member, officer, employee 42 or agent in the making of such inspection, or in the enforcement of the 43 provisions of this compact or in the performance of any other power or 44 duty under this compact; 45 10. To recover possession of any suspended or revoked license issued 46 under this compact; 47 11. To make investigations, collect and compile information concerning 48 waterfront practices generally within the port of New York district and 49 upon all matters relating to the accomplishment of the objectives of 50 this compact; 51 12. To advise and consult with representatives of labor and industry 52 and with public officials and agencies concerned with the effectuation 53 of the purposes of this compact, upon all matters which the commission 54 may desire, including but not limited to the form and substance of rules 55 and regulations, the administration of the compact, maintenance of the 56 longshoremen's register, and issuance and revocation of licenses;S. 4456 140 1 13. To make annual and other reports to the governors and legislatures 2 of both states containing recommendations for the improvement of the 3 conditions of waterfront labor within the port of New York district, for 4 the alleviation of the evils described in section three thousand two of 5 this part and for the effectuation of the purposes of this compact. 6 Such annual reports shall state the commission's finding and determi- 7 nation as to whether the public necessity still exists for (a) the 8 continued registration of longshoremen, (b) the continued licensing of 9 any occupation or employment required to be licensed hereunder and (c) 10 the continued public operation of the employment information centers 11 provided for in section three thousand thirteen of this part. 12 14. To cooperate with and receive from any department, division, 13 bureau, board, commission, or agency of either or both states, or of any 14 county or municipality thereof, such assistance and data as will enable 15 it properly to carry out its powers and duties hereunder; and to 16 request any such department, division, bureau, board, commission, or 17 agency, with the consent thereof, to execute such of its functions and 18 powers, as the public interest may require. 19 15. The powers and duties of the commission may be exercised by offi- 20 cers, employees and agents designated by them, except the power to make 21 rules and regulations. The commission shall have such additional powers 22 and duties as may hereafter be delegated to or imposed upon it from time 23 to time by the action of the legislature of either state concurred in by 24 the legislature of the other. 25 § 3006. Pier superintendents and hiring agents. 1. On or after the 26 first day of December, nineteen hundred fifty-three, no person shall act 27 as a pier superintendent or as a hiring agent within the port of New 28 York district without first having obtained from the commission a 29 license to act as such pier superintendent or hiring agent, as the case 30 may be, and no person shall employ or engage another person to act as a 31 pier superintendent or hiring agent who is not so licensed. 32 2. A license to act as a pier superintendent or hiring agent shall be 33 issued only upon the written application, under oath, of the person 34 proposing to employ or engage another person to act as such pier super- 35 intendent or hiring agent, verified by the prospective licensee as to 36 the matters concerning him, and shall state the following: 37 (a) The full name and business address of the applicant; 38 (b) The full name, residence, business address (if any), place and 39 date of birth and social security number of the prospective licensee; 40 (c) The present and previous occupations of the prospective licensee, 41 including the places where he was employed and the names of his employ- 42 ers; 43 (d) Such further facts and evidence as may be required by the commis- 44 sion to ascertain the character, integrity and identity of the prospec- 45 tive licensee; and 46 (e) That if a license is issued to the prospective licensee, the 47 applicant will employ such licensee as pier superintendent or hiring 48 agent, as the case may be. 49 3. No such license shall be granted 50 (a) Unless the commission shall be satisfied that the prospective 51 licensee possesses good character and integrity; 52 (b) If the prospective licensee has, without subsequent pardon, been 53 convicted by a court of the United States, or any state or territory 54 thereof, of the commission of, or the attempt or conspiracy to commit, 55 treason, murder, manslaughter or any felony or high misdemeanor or any 56 of the following misdemeanors or offenses: illegally using, carrying orS. 4456 141 1 possessing a pistol or other dangerous weapon; making or possessing 2 burglar's instruments; buying or receiving stolen property; unlawful 3 entry of a building; aiding an escape from prison; unlawfully possess- 4 ing, possessing with intent to distribute, sale or distribution of a 5 controlled dangerous substance (controlled substance) or, in New Jersey, 6 a controlled dangerous substance analog (controlled substance analog); 7 and violation of this compact. Any such prospective licensee ineligible 8 for a license by reason of any such conviction may submit satisfactory 9 evidence to the commission that he has for a period of not less than 10 five years, measured as hereinafter provided, and up to the time of 11 application, so conducted himself as to warrant the grant of such 12 license, in which event the commission may, in its discretion, issue an 13 order removing such ineligibility. The aforesaid period of five years 14 shall be measured either from the date of payment of any fine imposed 15 upon such person or the suspension of sentence or from the date of his 16 unrevoked release from custody by parole, commutation or termination of 17 his sentence; 18 (c) If the prospective licensee knowingly or wilfully advocates the 19 desirability of overthrowing or destroying the government of the United 20 States by force or violence or shall be a member of a group which advo- 21 cates such desirability, knowing the purposes of such group include such 22 advocacy. 23 4. When the application shall have been examined and such further 24 inquiry and investigation made as the commission shall deem proper and 25 when the commission shall be satisfied therefrom that the prospective 26 licensee possesses the qualifications and requirements prescribed in 27 this section, the commission shall issue and deliver to the prospective 28 licensee a license to act as pier superintendent or hiring agent for the 29 applicant, as the case may be, and shall inform the applicant of his 30 action. The commission may issue a temporary permit to any prospective 31 licensee for a license under the provisions of this section pending 32 final action on an application made for such a license. Any such permit 33 shall be valid for a period not in excess of thirty days. 34 5. No person shall be licensed to act as a pier superintendent or 35 hiring agent for more than one employer, except at a single pier or 36 other waterfront terminal, but nothing in this section shall be 37 construed to limit in any way the number of pier superintendents or 38 hiring agents any employer may employ. 39 6. A license granted pursuant to this section shall continue through 40 the duration of the licensee's employment by the employer who shall have 41 applied for his license. 42 7. Any license issued pursuant to this section may be revoked or 43 suspended for such period as the commission deems in the public interest 44 or the licensee thereunder may be reprimanded for any of the following 45 offenses: 46 (a) Conviction of a crime or act by the licensee or other cause which 47 would require or permit his disqualification from receiving a license 48 upon original application; 49 (b) Fraud, deceit or misrepresentation in securing the license, or in 50 the conduct of the licensed activity; 51 (c) Violation of any of the provisions of this section; 52 (d) Conviction of a crime involving unlawfully possessing, possession 53 with intent to distribute, sale or distribution of a controlled danger- 54 ous substance (controlled substance) or, in New Jersey, a controlled 55 dangerous substance analog (controlled substance analog);S. 4456 142 1 (e) Employing, hiring or procuring any person in violation of this 2 section or inducing or otherwise aiding or abetting any person to 3 violate the terms of this section; 4 (f) Paying, giving, causing to be paid or given or offering to pay or 5 give to any person any valuable consideration to induce such other 6 person to violate any provision of this section or to induce any public 7 officer, agent or employee to fail to perform his duty hereunder; 8 (g) Consorting with known criminals for an unlawful purpose; 9 (h) Transfer or surrender of possession of the license to any person 10 either temporarily or permanently without satisfactory explanation; 11 (i) False impersonation of another licensee under this section; 12 (j) Receipt or solicitation of anything of value from any person other 13 than the licensee's employer as consideration for the selection or 14 retention for employment of any longshoreman; 15 (k) Coercion of a longshoreman by threat of discrimination or violence 16 or economic reprisal, to make purchases from or to utilize the services 17 of any person; 18 (l) Lending any money to or borrowing any money from a longshoreman 19 for which there is a charge of interest or other consideration; and 20 (m) Membership in a labor organization which represents longshoremen 21 or port watchmen; but nothing in this subdivision shall be deemed to 22 prohibit pier superintendents or hiring agents from being represented by 23 a labor organization or organizations which do not also represent long- 24 shoremen or port watchmen. The American Federation of Labor, the 25 Congress of Industrial Organizations and any other similar federation, 26 congress or other organization of national or international occupational 27 or industrial labor organizations shall not be considered an organiza- 28 tion which represents longshoremen or port watchmen within the meaning 29 of this section although one of the federated or constituent labor 30 organizations thereof may represent longshoremen or port watchmen. 31 § 3007. Stevedores. 1. On or after the first day of December, nine- 32 teen hundred fifty-three, no person shall act as a stevedore within the 33 port of New York district without having first obtained a license from 34 the commission, and no person shall employ a stevedore to perform 35 services as such within the port of New York district unless the steve- 36 dore is so licensed. 37 2. Any person intending to act as a stevedore within the port of New 38 York district shall file in the office of the commission a written 39 application for a license to engage in such occupation, duly signed and 40 verified as follows: 41 (a) If the applicant is a natural person, the application shall be 42 signed and verified by such person and if the applicant is a partner- 43 ship, the application shall be signed and verified by each natural 44 person composing or intending to compose such partnership. The applica- 45 tion shall state the full name, age, residence, business address (if 46 any), present and previous occupations of each natural person so signing 47 the same, and any other facts and evidence as may be required by the 48 commission to ascertain the character, integrity and identity of each 49 natural person so signing such application. 50 (b) If the applicant is a corporation, the application shall be signed 51 and verified by the president, secretary and treasurer thereof, and 52 shall specify the name of the corporation, the date and place of its 53 incorporation, the location of its principal place of business, the 54 names and addresses of, and the amount of the stock held by stockholders 55 owning 5 per cent or more of any of the stock thereof, and of all offi- 56 cers (including all members of the board of directors). The require-S. 4456 143 1 ments of paragraph (a) of this subdivision as to a natural person who is 2 a member of a partnership, and such requirements as may be specified in 3 rules and regulations promulgated by the commission, shall apply to each 4 such officer or stockholder and their successors in office or interest 5 as the case may be. 6 (c) In the event of the death, resignation or removal of any officer, 7 and in the event of any change in the list of stockholders who shall own 8 five per cent or more of the stock of the corporation, the secretary of 9 such corporation shall forthwith give notice of that fact in writing to 10 the commission, certified by said secretary. 11 3. No such license shall be granted: 12 (a) If any person whose signature or name appears in the application 13 is not the real party in interest required by subdivision two of this 14 section to sign or to be identified in the application or if the person 15 so signing or named in the application is an undisclosed agent or trus- 16 tee for any such real party in interest; 17 (b) Unless the commission shall be satisfied that the applicant and 18 all members, officers and stockholders required by subdivision two of 19 this section to sign or be identified in the application for license 20 possess good character and integrity; 21 (c) Unless the applicant is either a natural person, partnership or 22 corporation; 23 (d) Unless the applicant shall be a party to a contract then in force 24 or which will take effect upon the issuance of a license, with a carrier 25 of freight by water for the loading and unloading by the applicant of 26 one or more vessels of such carrier at a pier within the port of New 27 York district; 28 (e) If the applicant or any member, officer or stockholder required by 29 subdivision two of this section to sign or be identified in the applica- 30 tion for license has, without subsequent pardon, been convicted by a 31 court of the United States or any state or territory thereof of the 32 commission of, or the attempt or conspiracy to commit, treason, murder, 33 manslaughter or any felony or high misdemeanor or any of the misdemea- 34 nors or offenses described in paragraph (b) of subdivision three of this 35 section. 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 years 42 shall be measured either from the date of payment of any fine imposed 43 upon such person or the suspension of sentence or from the date of his 44 unrevoked release from custody by parole, commutation or termination of 45 his sentence; 46 (f) If, on or after July first, nineteen hundred fifty-three, the 47 applicant has paid, given, caused to have been paid or given or offered 48 to pay or give to any officer or employee of any carrier of freight by 49 water any valuable consideration for an improper or unlawful purpose or 50 to induce such person to procure the employment of the applicant by such 51 carrier for the performance of stevedoring services; 52 (g) If, on or after July first, nineteen hundred fifty-three, the 53 applicant has paid, given, caused to be paid or given or offered to pay 54 or give to any officer or representative of a labor organization any 55 valuable consideration for an improper or unlawful purpose or to induce 56 such officer or representative to subordinate the interests of suchS. 4456 144 1 labor organization or its members in the management of the affairs of 2 such labor organization to the interests of the applicant. 3 4. When the application shall have been examined and such further 4 inquiry and investigation made as the commission shall deem proper and 5 when the commission shall be satisfied therefrom that the applicant 6 possesses the qualifications and requirements prescribed in this 7 section, the commission shall issue and deliver a license to such appli- 8 cant. The commission may issue a temporary permit to any applicant for 9 a license under the provisions of this article pending final action on 10 an application made for such a license. Any such permit shall be valid 11 for a period not in excess of thirty days. 12 5. A license granted pursuant to this section shall be for a term of 13 two years or fraction of such two year period, and shall expire on the 14 first day of December of each odd numbered year. In the event of the 15 death of the licensee, if a natural person, or its termination or 16 dissolution by reason of the death of a partner, if a partnership, or if 17 the licensee shall cease to be a party to any contract of the type 18 required by paragraph (d) of subdivision three of this section, the 19 license shall terminate ninety days after such event or upon its expira- 20 tion date, whichever shall be sooner. A license may be renewed by the 21 commission for successive two year periods upon fulfilling the same 22 requirements as are set forth in this section for an original applica- 23 tion. 24 6. Any license issued pursuant to this section may be revoked or 25 suspended for such period as the commission deems in the public interest 26 or the licensee thereunder may be reprimanded for any of the following 27 offenses on the part of the licensee or of any person required by subdi- 28 vision two of this section to sign or be identified in an original 29 application for a license: 30 (a) Conviction of a crime or other cause which would permit or require 31 disqualification of the licensee from receiving a license upon original 32 application; 33 (b) Fraud, deceit or misrepresentation in securing the license or in 34 the conduct of the licensed activity; 35 (c) Failure by the licensee to maintain a complete set of books and 36 records containing a true and accurate account of the licensee's 37 receipts and disbursements arising out of his activities within the port 38 of New York district; 39 (d) Failure to keep said books and records available during business 40 hours for inspection by the commission and its duly designated represen- 41 tatives until the expiration of the fifth calendar year following the 42 calendar year during which occurred the transactions recorded therein; 43 (e) Any other offense described in paragraphs (c) to (i) inclusive, of 44 subdivision seven of section three thousand six of this part. 45 § 3008. Prohibition of public loading. 1. The states of New York and 46 New Jersey hereby find and declare that the transfer of cargo to and 47 from trucks at piers and other waterfront terminals in the port of New 48 York district has resulted in vicious and notorious abuses by persons 49 commonly known as "public loaders." There is compelling evidence that 50 such persons have exacted the payment of exorbitant charges for their 51 services, real and alleged, and otherwise extorted large sums through 52 force, threats of violence, unauthorized labor disturbances and other 53 coercive activities, and that they had been responsible for and abetted 54 criminal activities on the waterfront. These practices which have 55 developed in the port of New York district impose unjustified costs on 56 the handling of goods in and through the port of New York district, andS. 4456 145 1 increase the prices paid by consumers for food, fuel and other neces- 2 saries, and impair the economic stability of the port of New York 3 district. It is the sense of the legislatures of the states of New York 4 and New Jersey that these practices and conditions must be eliminated to 5 prevent grave injury to the welfare of the people. 6 2. It is hereby declared to be against the public policy of the states 7 of New York and New Jersey and to be unlawful for any person to load or 8 unload waterborne freight onto or from vehicles other than railroad cars 9 at piers or at other waterfront terminals within the port of New York 10 district, for a fee or other compensation, other than the following 11 persons and their employees: 12 (a) Carriers of freight by water, but only at piers at which their 13 vessels are berthed; 14 (b) Other carriers of freight (including but not limited to railroads 15 and truckers), but only in connection with freight transported or to be 16 transported by such carriers; 17 (c) Operators of piers or other waterfront terminals (including rail- 18 roads, truck terminal operators, warehousemen and other persons), but 19 only at piers or other waterfront terminals operated by them; 20 (d) Shippers or consignees of freight, but only in connection with 21 freight shipped by such shipper or consigned to such consignee; 22 (e) Stevedores licensed under section three thousand eight of this 23 part whether or not such waterborne freight has been or is to be trans- 24 ported by a carrier of freight by water with which such stevedore shall 25 have a contract of the type prescribed by paragraph (d) of subdivision 3 26 of section three thousand seven of this part. 27 Nothing herein contained shall be deemed to permit any such loading or 28 unloading of any waterborne freight at any place by any such person by 29 means of any independent contractor, or any other agent other than an 30 employee, unless such independent contractor is a person permitted by 31 this section to load or unload such freight at such place in his own 32 right. 33 § 3009. Longshoremen. 1. The commission shall establish a 34 longshoremen's register in which shall be included all qualified long- 35 shoremen eligible, as hereinafter provided, for employment as such in 36 the port of New York district. On or after the first day of December, 37 nineteen hundred fifty-three, no person shall act as a longshoreman 38 within the port of New York district unless at the time he is included 39 in the longshoremen's register, and no person shall employ another to 40 work as a longshoreman within the port of New York district unless at 41 the time such other person is included in the longshoremen's register. 42 2. Any person applying for inclusion in the longshoremen's register 43 shall file at such place and in such manner as the commission shall 44 designate a written statement, signed and verified by such person, 45 setting forth his full name, residence address, social security number, 46 and such further facts and evidence as the commission may prescribe to 47 establish the identity of such person and his criminal record, if any. 48 3. The commission may in its discretion deny application for inclusion 49 in the longshoremen's register by a person 50 (a) Who has been convicted by a court of the United States or any 51 state or territory thereof, without subsequent pardon, of treason, 52 murder, manslaughter or of any felony or high misdemeanor or of any of 53 the misdemeanors or offenses described in paragraph (b) of subdivision 54 three of section three thousand six of this part or of attempt or 55 conspiracy to commit any of such crimes;S. 4456 146 1 (b) Who knowingly or willingly advocates the desirability of over- 2 throwing or destroying the government of the United States by force or 3 violence or who shall be a member of a group which advocates such desir- 4 ability knowing the purposes of such group include such advocacy; 5 (c) Whose presence at the piers or other waterfront terminals in the 6 port of New York district is found by the commission on the basis of the 7 facts and evidence before it, to constitute a danger to the public peace 8 or safety. 9 4. Unless the commission shall determine to exclude the applicant from 10 the longshoremen's register on a ground set forth in subdivision three 11 of this section it shall include such person in the longshoremen's 12 register. The commission may permit temporary registration of any appli- 13 cant under the provisions of this section pending final action on an 14 application made for such registration. Any such temporary registration 15 shall be valid for a period not in excess of thirty days. 16 5. The commission shall have power to reprimand any longshoreman 17 registered under this section or to remove him from the longshoremen's 18 register for such period of time as it deems in the public interest for 19 any of any following offenses: 20 (a) Conviction of a crime or other cause which would permit disquali- 21 fication of such person from inclusion in the longshoremen's register 22 upon original application; 23 (b) Fraud, deceit or misrepresentation in securing inclusion in the 24 longshoremen's register; 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 inclusion in the longshoremen's regis- 28 ter, without satisfactory explanation; 29 (d) False impersonation of another longshoreman registered under this 30 article or of another person licensed under this compact; 31 (e) Wilful commission of or wilful attempt to commit at or on a water- 32 front terminal or adjacent highway any act of physical injury to any 33 other person or of wilful damage to or misappropriation of any other 34 person's property, unless justified or excused by law; and 35 (f) Any other offense described in subdivisions (c) to (f) inclusive 36 of subdivision seven of section three thousand six of this part. 37 6. The commission shall have the right to recover possession of any 38 card or other means of identification issued as evidence of inclusion in 39 the longshoremen's register in the event that the holder thereof has 40 been removed from the longshoremen's register. 41 7. Nothing contained in this article shall be construed to limit in 42 any way any rights of labor reserved by section three thousand sixteen 43 of this part. 44 § 3010. Regularization of longshoremen's employment. 1. On or after 45 the first day of December, nineteen hundred fifty-four, the commission 46 shall, at regular intervals, remove from the longshoremen's register any 47 person who shall have been registered for at least nine months and who 48 shall have failed during the preceding six calendar months either to 49 have worked as a longshoreman in the port of New York district or to 50 have applied for employment as a longshoreman at an employment informa- 51 tion center established under section three thousand thirteen of this 52 part for such minimum number of days as shall have been established by 53 the commission pursuant to subdivision two of this section. 54 2. On or before the first day of June, nineteen hundred fifty-four and 55 on or before each succeeding first day of June or December, the commis- 56 sion shall, for the purposes of subdivision one of this section, estab-S. 4456 147 1 lish for the six-month period beginning on each such date a minimum 2 number of days and the distribution of such days during such period. 3 3. In establishing any such minimum number of days or period, the 4 commission shall observe the following standards: 5 (a) To encourage as far as practicable the regularization of the 6 employment of longshoremen; 7 (b) To bring the number of eligible longshoremen more closely into 8 balance with the demand for longshoremen's services within the port of 9 New York district without reducing the number of eligible longshoremen 10 below that necessary to meet the requirements of longshoremen in the 11 port of New York district; 12 (c) To eliminate oppressive and evil hiring practices affecting long- 13 shoremen and waterborne commerce in the port of New York district; 14 (d) To eliminate unlawful practices injurious to waterfront labor; 15 and 16 (e) To establish hiring practices and conditions which will permit the 17 termination of governmental regulation and intervention at the earliest 18 opportunity. 19 4. A longshoreman who has been removed from the longshoremen's regis- 20 ter pursuant to this section may seek reinstatement upon fulfilling the 21 same requirements as for initial inclusion in the longshoremen's regis- 22 ter, but not before the expiration of one year from the date of removal, 23 except that immediate reinstatement shall be made upon proper showing 24 that the registrant's failure to work or apply for work the minimum 25 number of days above described was caused by the fact that the regis- 26 trant was engaged in the military service of the United States or was 27 incapacitated by ill health, physical injury, or other good cause. 28 5. Notwithstanding any other provision of this section, the commission 29 shall at any time have the power to register longshoremen on a temporary 30 basis to meet special or emergency needs. 31 § 3011. Port watchmen. 1. On or after the first day of December, nine- 32 teen hundred fifty-three, no person shall act as a port watchman within 33 the port of New York district without first having obtained a license 34 from the commission, and no person shall employ a port watchman who is 35 not so licensed. 36 2. A license to act as a port watchman shall be issued only upon writ- 37 ten application, duly verified, which shall state the following: 38 (a) The full name, residence, business address (if any), place and 39 date of birth and social security number of the applicant; 40 (b) The present and previous occupations of the applicant, including 41 the places where he was employed and the names of his employers; 42 (c) The citizenship of the applicant and, if he is a naturalized citi- 43 zen of the United States, the court and date of his naturalization; and 44 (d) Such further facts and evidence as may be required by the commis- 45 sion to ascertain the character, integrity and identity of the appli- 46 cant. 47 3. No such license shall be granted 48 (a) Unless the commission shall be satisfied that the applicant 49 possesses good character and integrity; 50 (b) If the applicant has, without subsequent pardon, been convicted by 51 a court of the United States or of any state or territory thereof of the 52 commission of, or the attempt or conspiracy to commit, treason, murder, 53 manslaughter or any felony or high misdemeanor or any of the misdemea- 54 nors or offenses described in paragraph (b) of subdivision three of 55 section three thousand six of this part;S. 4456 148 1 (c) Unless the applicant shall meet such reasonable standards of phys- 2 ical and mental fitness for the discharge of his duties as may from time 3 to time be established by the commission; 4 (d) If the applicant shall be a member of any labor organization which 5 represents longshoremen or pier superintendents or hiring agents; but 6 nothing in this section shall be deemed to prohibit port watchmen from 7 being represented by a labor organization or organizations which do not 8 also represent longshoremen or pier superintendents or hiring agents. 9 The American Federation of Labor, the Congress of Industrial Organiza- 10 tions and any other similar federation, congress or other organization 11 of national or international occupational or industrial labor organiza- 12 tions shall not be considered an organization which represents long- 13 shoremen or pier superintendents or hiring agents within the meaning of 14 this article although one of the federated or constituent labor organ- 15 izations thereof may represent longshoremen or pier superintendents or 16 hiring agents; 17 (e) If the applicant knowingly or wilfully advocates the desirability 18 of overthrowing or destroying the government of the United States by 19 force or violence or shall be a member of a group which advocates such 20 desirability, knowing the purposes of such group include such advocacy. 21 4. When the application shall have been examined and such further 22 inquiry and investigation made as the commission shall deem proper and 23 when the commission shall be satisfied therefrom that the applicant 24 possesses the qualifications and requirements prescribed by this section 25 and regulations issued pursuant thereto, the commission shall issue and 26 deliver a license to the applicant. The commission may issue a tempo- 27 rary permit to any applicant for a license under the provisions of this 28 section pending final action on an application made for such a license. 29 Any such permit shall be valid for a period not in excess of thirty 30 days. 31 5. A license granted pursuant to this section shall continue for a 32 term of three years. A license may be renewed by the commission for 33 successive three-year periods upon fulfilling the same requirements as 34 are set forth in this section for an original application. 35 6. Any license issued pursuant to this section may be revoked or 36 suspended for such period as the commission deems in the public interest 37 or the licensee thereunder may be reprimanded for any of the following 38 offenses: 39 (a) Conviction of a crime or other cause which would permit or require 40 his disqualification from receiving a license upon original application; 41 (b) Fraud, deceit or misrepresentation in securing the license; and 42 (c) Any other offense described in subdivisions (c) through (i), 43 inclusive, of subdivision seven of section three thousand six of this 44 part. 45 § 3012. Hearings, determinations and review. 1. The commission shall 46 not deny any application for a license or registration without giving 47 the applicant or prospective licensee reasonable prior notice and an 48 opportunity to be heard. 49 2. Any application for a license or for inclusion in the 50 longshoremen's register, and any license issued or registration made, 51 may be denied, revoked, cancelled, suspended as the case may be, only in 52 the manner prescribed in this section. 53 3. The commission may on its own initiative or on complaint of any 54 person, including any public official or agency, institute proceedings 55 to revoke, cancel or suspend any license or registration after a hearing 56 at which the licensee or registrant and any person making such complaintS. 4456 149 1 shall be given an opportunity to be heard, provided that any order of 2 the commission revoking, cancelling or suspending any license or regis- 3 tration shall not become effective until fifteen days subsequent to the 4 serving of notice thereof upon the licensee or registrant unless in the 5 opinion of the commission the continuance of the license or registration 6 for such period would be inimicable to the public peace or safety. Such 7 hearings shall be held in such manner and upon such notice as may be 8 prescribed by the rules of the commission, but such notice shall be of 9 not less than ten days and shall state the nature of the complaint. 10 4. Pending the determination of such hearing pursuant to subdivision 11 three of this section the commission may temporarily suspend a license 12 or registration if in the opinion of the commission the continuance of 13 the license or registration for such period is inimicable to the public 14 peace or safety. 15 5. The commission, or such member, officer, employee or agent of the 16 commission as may be designated by the commission for such purpose, 17 shall have the power to issue subpoenas to compel the attendance of 18 witnesses and the giving of testimony or production of other evidence 19 and to administer oaths in connection with any such hearing. It shall be 20 the duty of the commission or of any such member, officer, employee or 21 agent of the commission designated by the commission for such purpose to 22 issue subpoenas at the request of and upon behalf of the licensee, 23 registrant or applicant. The commission or such person conducting the 24 hearing shall not be bound by common law or statutory rules of evidence 25 or by technical or formal rules of procedure in the conduct of such 26 hearing. 27 6. Upon the conclusion of the hearing, the commission shall take such 28 action upon such findings and determination as it deems proper and shall 29 execute an order carrying such findings into effect. The action in the 30 case of an application for a license or registration shall be the grant- 31 ing or denial thereof. The action in the case of a licensee shall be 32 revocation of the license or suspension thereof for a fixed period or 33 reprimand or a dismissal of the charges. The action in the case of a 34 registered longshoreman shall be dismissal of the charges, reprimand or 35 removal from the longshoremen's register for a fixed period or perma- 36 nently. 37 7. The action of the commission in denying any application for a 38 license or in refusing to include any person in the longshoremen's 39 register under this compact or in suspending or revoking such license or 40 removing any person from the longshoremen's register or in reprimanding 41 a licensee or registrant shall be subject to judicial review by a 42 proceeding instituted in either state at the instance of the applicant, 43 licensee or registrant in the manner provided by the law of such state 44 for review of the final decision or action of administrative agencies of 45 such state, provided, however, that notwithstanding any other provision 46 of law the court shall have power to stay for not more than thirty days 47 an order of the commission suspending or revoking a license or removing 48 a longshoreman from the longshoremen's register. 49 § 3013. Employment information centers. 1. The states of New York and 50 New Jersey hereby find and declare that the method of employment of 51 longshoremen and port watchmen in the port of New York district, common- 52 ly known as the "shape-up", has resulted in vicious and notorious 53 abuses, of which such employees have been the principal victims. There 54 is compelling evidence that the "shape-up" has permitted and encouraged 55 extortion from employees as the price of securing or retaining employ- 56 ment and has subjected such employees to threats of violence, unwillingS. 4456 150 1 joinder in unauthorized labor disturbances and criminal activities on 2 the waterfront. The "shape-up" has thus resulted in a loss of fundamen- 3 tal rights and liberties of labor, has impaired the economic stability 4 of the port of New York district and weakened law enforcement therein. 5 It is the sense of the legislatures of the states of New York and New 6 Jersey that these practices and conditions must be eliminated to prevent 7 grave injury to the welfare of waterfront laborers and of the people at 8 large and that the elimination of the "shape-up" and the establishment 9 of a system of employment information centers are necessary to a 10 solution of these public problems. 11 2. The commission shall establish and maintain one or more employment 12 information centers in each state within the port of New York district 13 at such locations as it may determine. No person shall, directly or 14 indirectly, hire any person for work as a longshoreman or port watchman 15 within the port of New York district, except through such particular 16 employment information center or centers as may be prescribed by the 17 commission. No person shall accept any employment as a longshoreman or 18 port watchman within the port of New York district, except through such 19 an employment information center. At each such employment information 20 center the commission shall keep and exhibit the longshoremen's register 21 and any other records it shall determine to the end that longshoremen 22 and port watchmen shall have the maximum information as to available 23 employment as such at any time within the port of New York district and 24 to the end that employers shall have an adequate opportunity to fill 25 their requirements of registered longshoremen and port watchmen at all 26 times. 27 3. Every employer of longshoremen or port watchmen within the port of 28 New York district shall furnish such information as may be required by 29 the rules and regulations prescribed by the commission with regard to 30 the name of each person hired as a longshoreman or port watchman, the 31 time and place of hiring, the time, place and hours of work, and the 32 compensation therefor. 33 4. All wage payments to longshoremen or port watchmen for work as such 34 shall be made by check or cash evidenced by a written voucher receipted 35 by the person to whom such cash is paid. The commission may arrange for 36 the provision of facilities for cashing such checks. 37 § 3014. Expenses of administration. 1. By concurrent legislation 38 enacted by their respective legislatures, the two states may provide 39 from time to time for meeting the commission's expenses. Until other 40 provision shall be made, such expense shall be met as authorized in this 41 section. 42 2. The commission shall annually adopt a budget of its expenses for 43 each year. Each budget shall be submitted to the governors of the two 44 states and shall take effect as submitted provided that either governor 45 may within thirty days disapprove or reduce any item or items, and the 46 budget shall be adjusted accordingly. 47 3. After taking into account such funds as may be available to it from 48 reserves, federal grants or otherwise, the balance of the commission's 49 budgeted expenses shall be assessed upon employers of persons registered 50 or licensed under this compact. Each such employer shall pay to the 51 commission as assessment computed upon the gross payroll payments made 52 by such employer to longshoremen, pier superintendents, hiring agents 53 and port watchmen for work or labor performed within the port of New 54 York district, at a rate, not in excess of two per cent, computed by the 55 commission in the following manner; the commission shall annually esti- 56 mate the gross payroll payments to be made by employers subject toS. 4456 151 1 assessment and shall compute a rate thereon which will yield revenues 2 sufficient to finance the commission's budget for each year. Such budg- 3 et may include a reasonable amount for a reserve but such amount shall 4 not exceed ten per cent of the total of all other items of expenditure 5 contained therein. Such reserve shall be used for the stabilization of 6 annual assessments, the payment of operating deficits and for the repay- 7 ment of advances made by the two states. 8 4. The amount required to balance the commission's budget, in excess 9 of the estimated yield of the maximum assessment, shall be certified by 10 the commission, with the approval of the respective governors, to the 11 legislatures of the two states, in proportion to the gross annual wage 12 payments made to longshoremen for work in each state within the port of 13 New York district. The legislatures shall annually appropriate to the 14 commission the amount so certified. 15 5. The commission may provide by regulation for the collection and 16 auditing of assessments. Such assessments hereunder shall be payable 17 pursuant to such provisions for administration, collection and enforce- 18 ment as the states may provide by concurrent legislation. In addition 19 to any other sanction provided by law, the commission may revoke or 20 suspend any license held by any person under this compact, or his privi- 21 lege of employing persons registered or licensed hereunder, for non-pay- 22 ment of any assessment when due. 23 6. The assessment hereunder shall be in lieu of any other charge for 24 the issuance of licenses to stevedores, pier superintendents, hiring 25 agents and pier watchmen or for the registration of longshoremen or the 26 use of an employment information center. The commission shall establish 27 reasonable procedures for the consideration of protests by affected 28 employers concerning the estimates and computation of the rate of 29 assessment. 30 § 3015. General violations; prosecutions; penalties. 1. The failure 31 of any witness, when duly subpoenaed to attend, give testimony or 32 produce other evidence, whether or not at a hearing, shall be punishable 33 by the superior court in New Jersey and the supreme court in New York in 34 the same manner as said failure is punishable by such court in a case 35 therein pending. 36 2. Any person who, having been sworn or affirmed as a witness in any 37 such hearing, shall wilfully give false testimony or who shall wilfully 38 make or file any false or fraudulent report or statement required by 39 this compact to be made or filed under oath, shall be guilty of a misde- 40 meanor, punishable by a fine of not more than one thousand dollars or 41 imprisonment for not more than one year or both. 42 3. Any person who violates or attempts or conspires to violate any 43 other provision of this compact shall be punishable as may be provided 44 by the two states by action of the legislature of either state concurred 45 in by the legislature of the other. 46 4. Any person who interferes with or impedes the orderly registration 47 of longshoremen pursuant to this compact or who conspires to or attempts 48 to interfere with or impede such registration shall be punishable as may 49 be provided by the two states by action of the legislature of either 50 state concurred in by the legislature of the other. 51 5. Any person who directly or indirectly inflicts or threatens to 52 inflict any injury, damage, harm or loss or in any other manner prac- 53 tices intimidation upon or against any person in order to induce or 54 compel such person or any other person to refrain from registering 55 pursuant to this compact shall be punishable as may be provided by theS. 4456 152 1 two states by action of the legislature of either state concurred in by 2 the legislature of the other. 3 6. In any prosecution under this compact, it shall be sufficient to 4 prove only a single act (or a single holding out or attempt) prohibited 5 by law, without having to prove a general course of conduct, in order to 6 prove a violation. 7 § 3016. Collective bargaining safeguarded. 1. This compact is not 8 designed and shall not be construed to limit in any way any rights 9 granted or derived from any other statute or any rule of law for employ- 10 ees to organize in labor organizations, to bargain collectively and to 11 act in any other way individually, collectively, and through labor 12 organizations or other representatives of their own choosing. Without 13 limiting the generality of the foregoing, nothing contained in this 14 compact shall be construed to limit in any way the right of employees to 15 strike. 16 2. This compact is not designed and shall not be construed to limit in 17 any way any rights of longshoremen, hiring agents, pier superintendents 18 or port watchmen or their employers to bargain collectively and agree 19 upon any method for the selection of such employees by way of seniority, 20 experience, regular gangs or otherwise, provided that such employees 21 shall be licensed or registered hereunder and such longshoremen and port 22 watchmen shall be hired only through the employment information centers 23 established hereunder and that all other provisions of this compact be 24 observed. 25 § 3017. Amendments; construction; short title. 1. Amendments and 26 supplements to this compact to implement the purposes thereof may be 27 adopted by the action of the legislature of either state concurred in by 28 the legislature of the other. 29 2. If any part or provision of this compact or the application thereof 30 to any person or circumstances be adjudged invalid by any court of 31 competent jurisdiction, such judgment shall be confined in its operation 32 to the part, provision or application directly involved in the contro- 33 versy in which such judgment shall have been rendered and shall not 34 affect or impair the validity of the remainder of this compact or the 35 application thereof to other persons or circumstances and the two states 36 hereby declare that they would have entered into this compact or the 37 remainder thereof had the invalidity of such provision or application 38 thereof been apparent. 39 3. In accordance with the ordinary rules for construction of inter- 40 state compacts this compact shall be liberally construed to eliminate 41 the evils described therein and to effectuate the purposes thereof. 42 PART II 43 WATERFRONT COMMISSION COMPACT 44 3101. Waterfront commission compact. 45 3102. Expenses of administration. 46 3103. Reimbursement. 47 3104. Penalties. 48 3105. Federal funds. 49 3106. Supplementary definitions. 50 3107. Additional powers of the commission. 51 3108. Regularization of longshoremen's employment. 52 3109. Additional violations. 53 3110. Hearings.S. 4456 153 1 3111. Denial of applications. 2 3112. Revocation of licenses and registrations. 3 3113. Removal of port watchmen's ineligibility. 4 3114. Petition for order to remove an ineligibility. 5 3115. Denial of stevedore applications. 6 3116. Checkers. 7 3117. Supplementary violations. 8 3118. Suspension or acceptance of applications for inclusion in 9 longshoremen's register; exceptions. 10 3119. Temporary suspension of permits, licenses and registra- 11 tions. 12 3120. Continuance of port watchmen's licenses. 13 3121. Regularization of port watchmen's employment. 14 3122. Duration of stevedore's license. 15 3123. Implementation of telecommunications hiring system for 16 longshoremen and checkers and registration of telecommu- 17 nications system controller. 18 § 3101. Waterfront commission compact. This compact shall be known 19 and may be cited as the "Waterfront Commission Compact." 20 § 3102. Expenses of administration. 1. Every person subject to the 21 payment of any assessment under the provisions of subdivision three of 22 section three thousand fourteen of this article shall file on or before 23 the fifteenth day of the first month of each calendar quarter-year a 24 separate return, together with the payment of the assessment due, for 25 the preceding calendar quarter-year during which any payroll payments 26 were made to longshoremen, pier superintendents, hiring agents or port 27 watchmen for work performed as such within the district. Returns cover- 28 ing the amount of assessment payable shall be filed with the commission 29 on forms to be furnished for such purpose and shall contain such data, 30 information or matter as the commission may require to be included ther- 31 ein. The commission may grant a reasonable extension of time for filing 32 returns, or for the payment of assessment, whenever good cause exists. 33 Every return shall have annexed thereto a certification to the effect 34 that the statements contained therein are true. 35 2. Every person subject to the payment of assessment hereunder shall 36 keep an accurate record of his employment of longshoremen, pier super- 37 intendents, hiring agents or port watchmen, which shall show the amount 38 of compensation paid and such other information as the commission may 39 require. Such records shall be preserved for a period of three years 40 and be open for inspection at reasonable times. The commission may 41 consent to the destruction of any such records at any time after said 42 period or may require that they be kept longer, but not in excess of six 43 years. 44 3. (a) The commission shall audit and determine the amount of assess- 45 ment due from the return filed and such other information as is avail- 46 able to it. Whenever a deficiency in payment of the assessment is 47 determined the commission shall give notice of any such determination to 48 the person liable therefor. Such determination shall finally and 49 conclusively fix the amount due, unless the person against whom it is 50 assessed shall, within thirty days after the giving of notice of such 51 determination, apply in writing to the commission for a hearing, or 52 unless the commission on its own motion shall reduce the same. After 53 such hearing, the commission shall give notice of its decision to the 54 person liable therefor. A determination of the commission under this 55 section shall be subject to judicial review, if application for such 56 review is made within thirty days after the giving of notice of suchS. 4456 154 1 decision. Any determination under this section shall be made within 2 five years from the time the return was filed and if no return was filed 3 such determination may be made at any time. 4 (b) Any notice authorized or required under this section may be given 5 by mailing the same to the person for whom it is intended at the last 6 address given by him to the commission, or in the last return filed by 7 him with the commission under this section, or, if no return has been 8 filed then to such address as may be obtainable. The mailing of such 9 notice shall be presumptive evidence of the receipt of same by the 10 person to whom addressed. Any period of time, which is determined 11 according to the provision of this section, for the giving of notice 12 shall commence to run from the date of mailing of such notice. 13 4. Whenever any person shall fail to pay, within the time limited 14 herein, any assessment which he is required to pay to the commission 15 under the provisions of this section the commission may enforce payment 16 of such fee by civil action for the amount of such assessment with 17 interest and penalties. 18 5. The employment by a nonresident of a longshoreman, or a licensed 19 pier superintendent, hiring agent or port watchman in either state or 20 the designation by a nonresident of a longshoreman, pier superintendent, 21 hiring agent or port watchman to perform work in such state shall be 22 deemed equivalent to an appointment by such nonresident of the secretary 23 of state of such state to be his true and lawful attorney upon whom may 24 be served the process in any action or proceeding against him growing 25 out of any liability for assessments, penalties or interest, and a 26 consent that any such process against him which is so served shall be of 27 the same legal force and validity as if served on him personally within 28 such state and within the territorial jurisdiction of the court from 29 which the process issues. Service of process within either state shall 30 be made by either (1) personally delivering to and leaving with the 31 secretary of state or a deputy secretary of state of such state dupli- 32 cate copies thereof at the office of the department of state in the 33 capitol city of such state, in which event such secretary of state shall 34 forthwith send by registered mail one of such copies to the person at 35 the last address designated by him to the commission for any purpose 36 under this section or in the last return filed by him under this section 37 with the commission or as shown on the records of the commission, or if 38 no return has been filed, at his last known office address within or 39 without such state, or (2) personally delivering to and leaving with the 40 secretary of state or a deputy secretary of state of such state a copy 41 thereof at the office of the department of state in the capitol city of 42 such state and by delivering a copy thereof to the person, personally 43 without such state. Proof of such personal service without such state 44 shall be filed with the clerk of the court in which the process is pend- 45 ing within thirty days after such service and such service shall be 46 complete ten days after proof thereof is filed. 47 6. Whenever the commission shall determine that any moneys received as 48 assessments were paid in error, it may cause the same to be refunded, 49 provided an application therefor is filed with the commission within two 50 years from the time the erroneous payment was made. 51 7. In addition to any other powers authorized hereunder, the commis- 52 sion shall have power to make reasonable rules and regulations to effec- 53 tuate the purposes of this section. 54 8. When any person shall wilfully fail to pay any assessment due here- 55 under he shall be assessed interest at a rate of one per cent per month 56 on the amount due and unpaid and penalties of five per cent of theS. 4456 155 1 amount due for each thirty days or part thereof that the assessment 2 remains unpaid. The commission, may, for good cause shown, abate all or 3 part of such penalty. 4 9. Any person who shall wilfully furnish false or fraudulent informa- 5 tion or shall wilfully fail to furnish pertinent information, as 6 required, with respect to the amount of assessment due, shall be guilty 7 of a misdemeanor, punishable by a fine of not more than one thousand 8 dollars, or imprisonment for not more than one year, or both. 9 10. All funds of the commission shall be deposited with such responsi- 10 ble banks or trust companies as may be designated by the commission. 11 The commission may require that all such deposits be secured by obli- 12 gations of the United States or of the states of New York or New Jersey 13 of a market value equal at all times to the amount of the deposits, and 14 all banks and trust companies are authorized to give such security for 15 such deposits. The moneys so deposited shall be withdrawn only by check 16 signed by both members of the commission or by such other officers or 17 employees of the commission as it may from time to time designate. 18 11. The accounts, books and records of the commission, including its 19 receipts, disbursements, contracts, leases, investments and any other 20 matters relating to its financial standing shall be examined and audited 21 annually by independent auditors to be retained for such purpose by the 22 commission. 23 § 3103. Reimbursement. The commission shall reimburse each state for 24 any funds advanced to the commission exclusive of sums appropriated 25 pursuant to subdivision four of section three thousand fourteen of this 26 article. 27 § 3104. Penalties. Any person who shall violate any of the provisions 28 of the compact or of section thirty-one hundred two of this part for 29 which no other penalty is prescribed shall be guilty of a misdemeanor, 30 punishable by a fine of not more than five hundred dollars or by impri- 31 sonment for not more than one year, or both. 32 § 3105. Federal funds. 1. The waterfront commission of New York 33 harbor is hereby designated on its own behalf or as agent of the state 34 of New York and the state of New Jersey, as provided by the act of the 35 congress of the United States, effective June sixth, nineteen hundred 36 thirty-three, entitled "An act to provide for the establishment of a 37 national employment system and for cooperating with the states in the 38 promotion of such system and for other purposes" as amended, for the 39 purpose of obtaining such benefits of such act of congress as are neces- 40 sary or appropriate to the establishment and operation of employment 41 information centers authorized by section three thousand thirteen of 42 this article. 43 2. The commission shall have all powers necessary to cooperate with 44 appropriate officers or agencies of either state or the United States, 45 to take such steps, to formulate such plans, and to execute such 46 projects (including but not limited to the establishment and operation 47 of employment information centers) as may be necessary to obtain such 48 benefits for the operations of the commission in accomplishing the 49 purposes of this article. 50 3. The officer or agency heretofore designated by each of the two 51 states pursuant to said act of June sixth, nineteen hundred thirty- 52 three, as amended, is authorized and empowered, upon the request of the 53 commission and subject to its direction, to exercise the powers and 54 duties conferred upon the commission by the provisions of this section. 55 § 3106. Supplementary definitions. As used in the compact established 56 by part I of this article:S. 4456 156 1 1. "Stevedore" shall also include (a) contractors engaged for compen- 2 sation pursuant to a contract or arrangement with the United States, any 3 state or territory thereof, or any department, division, board, commis- 4 sion or authority of one or more of the foregoing, in moving freight 5 carried or consigned for carriage between any point in the port of New 6 York district and a point outside said district on vessels of such a 7 public agency berthed at piers, on piers at which such vessels are 8 berthed or at other waterfront terminals, or 9 (b) contractors (not including employees) engaged for compensation 10 pursuant to a contract or arrangement with any person to perform labor 11 or services incidental to the movement of waterborne freight on vessels 12 berthed at piers, on piers or at other waterfront terminals, including, 13 but not limited to, cargo storage, cargo repairing, coopering, general 14 maintenance, mechanical and miscellaneous work, horse and cattle 15 fitting, grain ceiling, and marine carpentry, or 16 (c) contractors (not including employees) engaged for compensation 17 pursuant to a contract or arrangement with any other person to perform 18 labor or services involving, or incidental to, the movement of freight 19 into or out of containers (which have been or which will be carried by a 20 carrier of freight by water) on vessels berthed at piers, on piers or at 21 other waterfront terminals. 22 2. "Waterborne freight" shall also include freight described in para- 23 graphs (a) and (c) of subdivision one of this section and in subdivision 24 ten of this section and ships' stores, baggage and mail carried by or 25 consigned for carriage by carriers of freight by water. 26 3. "Court of the United States" shall mean all courts enumerated in 27 section four hundred fifty-one of title twenty-eight of the United 28 States code and the courts-martial of the armed forces of the United 29 States. 30 4. "Witness" shall mean any person whose testimony is desired in any 31 investigation, interview or other proceeding conducted by the commission 32 pursuant to the provisions of this article. 33 5. "Checker" shall mean a longshoreman who is employed to engage in 34 direct and immediate checking of waterborne freight or of the custodial 35 accounting therefor or in the recording or tabulation of the hours 36 worked at piers or other waterfront terminals by natural persons 37 employed by carriers of freight by water or stevedores. 38 6. "Longshoreman" shall also include a natural person, other than a 39 hiring agent, who is employed for work at a pier or other waterfront 40 terminal: 41 (a) either by a carrier of freight by water or by a stevedore phys- 42 ically to perform labor or services incidental to the movement of water- 43 borne freight on vessels berthed at piers, on piers or at other water- 44 front terminals, including, but not limited to, cargo repairmen, 45 coopers, general maintenance men, mechanical and miscellaneous workers, 46 horse and cattle fitters, grain ceilers and marine carpenters, or 47 (b) by any person physically to move waterborne freight to or from a 48 barge, lighter or railroad car for transfer to or from a vessel of a 49 carrier of freight by water which is, shall be, or shall have been 50 berthed at the same pier or other waterfront terminal, or 51 (c) by any person to perform labor or services involving, or inci- 52 dental to, the movement of freight at a waterfront terminal as defined 53 in subdivision ten of this section. 54 7. "Compact" shall also include any amendments or supplements to the 55 waterfront commission compact to implement the purposes thereof adopted 56 by the action of the legislature of either the state of New York or theS. 4456 157 1 state of New Jersey concurred in by the legislature of the other and as 2 established by part I of this article. 3 8. The term "select any longshoreman for employment" in the definition 4 of a hiring agent in this act shall include selection of a person for 5 the commencement or continuation of employment as a longshoreman, or the 6 denial or termination of employment as a longshoreman. 7 9. "Hiring agent" shall also include any natural person, who on behalf 8 of any other person shall select any longshoreman for employment. 9 10. "Other waterfront terminal" shall also include any warehouse, 10 depot or other terminal (other than a pier), whether enclosed or open, 11 which is located in a marine terminal in the port of New York district 12 and any part of which is used by any person to perform labor or services 13 involving, or incidental to, the movement of waterborne freight or 14 freight. 15 As used in this section, "marine terminal" means an area which 16 includes piers, which is used primarily for the moving, warehousing, 17 distributing or packing of waterborne freight or freight to or from such 18 piers, and which, inclusive of such piers, is under common ownership or 19 control; "freight" means freight which has been, or will be, carried by 20 or consigned for carriage by a carrier of freight by water; and 21 "container" means any receptacle, box, carton or crate which is specif- 22 ically designed and constructed so that it may be repeatedly used for 23 the carriage of freight by a carrier of freight by water. 24 Whenever, as a result of legislative amendments to this article or of 25 a ruling by the commission, registration as a longshoreman is required 26 for any person to continue in his employment, such person shall be 27 registered as a longshoreman without regard to the provisions of section 28 thirty-one hundred eighteen of this part, provided, however, that such 29 person satisfies all the other requirements of this article for regis- 30 tration as a longshoreman. 31 § 3107. Additional powers of the commission. In addition to the 32 powers and duties elsewhere described in this part, the commission shall 33 have the following powers: 34 1. To issue temporary permits and permit temporary registrations under 35 such terms and conditions as the commission may prescribe which shall be 36 valid for a period to be fixed by the commission not in excess of six 37 months. 38 2. To require any applicant for a license or registration or any 39 prospective licensee to furnish such facts and evidence as the commis- 40 sion may deem appropriate to enable it to ascertain whether the license 41 or registration should be granted. 42 3. In any case in which the commission has the power to revoke, cancel 43 or suspend any stevedore license the commission shall also have the 44 power to impose as an alternative to such revocation, cancellation or 45 suspension, a penalty, which the licensee may elect to pay to the 46 commission in lieu of the revocation, cancellation or suspension. The 47 maximum penalty shall be five thousand dollars for each separate 48 offense. The commission may, for good cause shown, abate all or part of 49 such penalty. 50 4. To designate any officer, agent or employee of the commission to be 51 an investigator who shall be vested with all the powers of a peace or 52 police officer of the state of New York in that state, and of the state 53 of New Jersey in that state. 54 5. To confer immunity, in the following manner: In any investigation, 55 interview or other proceeding conducted under oath by the commission or 56 any duly authorized officer, employee or agent thereof, if a personS. 4456 158 1 refuses to answer a question or produce evidence of any other kind on 2 the ground that he may be incriminated thereby, and, notwithstanding 3 such refusal, an order is made upon twenty-four hours prior written 4 notice to the appropriate attorney general of the state of New York or 5 the state of New Jersey, and to the appropriate district attorney or 6 prosecutor having an official interest therein, by the unanimous vote of 7 both members of the commission or their designees appointed pursuant to 8 the provisions of subdivision three of section three thousand four of 9 this article, that such person answer the question or produce the 10 evidence, such person shall comply with the order. If such person 11 complies with the order, and if, but for this subdivision, he would have 12 been privileged to withhold the answer given or the evidence produced by 13 him, then immunity shall be conferred upon him, as provided for herein. 14 "Immunity" as used in this subdivision means that such person shall 15 not be prosecuted or subjected to any penalty or forfeiture for or on 16 account of any transaction, matter or thing concerning which, in accord- 17 ance with the order by the unanimous vote of both members of the commis- 18 sion or their designees appointed pursuant to the provisions of subdivi- 19 sion three of section three thousand four of this article, he gave 20 answer or produced evidence, and that no such answer given or evidence 21 produced shall be received against him upon any criminal proceeding. 22 But he may nevertheless be prosecuted or subjected to penalty or forfei- 23 ture for any perjury or contempt committed in answering, or failing to 24 answer, or in producing or failing to produce evidence, in accordance 25 with the order, and any such answer given or evidence produced shall be 26 admissible against him upon any criminal proceeding concerning such 27 perjury or contempt. 28 Immunity shall not be conferred upon any person except in accordance 29 with the provisions of this subdivision. If, after compliance with the 30 provisions of this subdivision, a person is ordered to answer a question 31 or produce evidence of any other kind and complies with such order, and 32 it is thereafter determined that the appropriate attorney general or 33 district attorney or prosecutor having an official interest therein was 34 not notified, such failure or neglect shall not deprive such person of 35 any immunity otherwise properly conferred upon him. 36 6. To require any applicant for registration as a longshoreman, any 37 applicant for registration as a checker or any applicant for registra- 38 tion as a telecommunications system controller and any person who is 39 sponsored for a license as a pier superintendent or hiring agent, any 40 person who is an individual owner of an applicant stevedore or any 41 persons who are individual partners of an applicant stevedore, or any 42 officers, directors or stockholders owning five percent or more of any 43 of the stock of an applicant corporate stevedore or any applicant for a 44 license as a port watchman or any other category of applicant for regis- 45 tration or licensing by law within the commission's jurisdiction to be 46 fingerprinted by the commission. 47 7. To require any applicant for registration as a longshoreman, any 48 applicant for registration as a checker or any applicant for registra- 49 tion as a telecommunications system controller and any person who is 50 sponsored for a license as a pier superintendent or hiring agent, any 51 person who is an individual owner of an applicant stevedore or any 52 persons who are individual partners of an applicant stevedore, or any 53 officers, directors or stockholders owning five percent or more of any 54 of the stock of an applicant corporate stevedore or any applicant for a 55 license as a port watchman or any other category of applicant for regis- 56 tration or licensing by law within the commission's jurisdiction whoS. 4456 159 1 has: previously applied and had an application denied upon submission; 2 been removed from registration; or, had a license suspended, or revoked 3 and is reapplying for registration or licensing within the commission's 4 jurisdiction to be fingerprinted by the commission. 5 8. To exchange fingerprint data with and receive state criminal histo- 6 ry record information from the division of criminal justice services, as 7 defined in subdivision one of section three thousand thirty-five of the 8 education law, and federal criminal history record information from the 9 federal bureau of investigation for use in making the determinations 10 required by this part. 11 9. Notwithstanding any other provision of law to the contrary, to 12 require any applicant for employment by the commission or person 13 described in subdivision seven of this section to be fingerprinted and 14 to exchange fingerprint data with and receive state criminal history 15 record information from the division of criminal justice services, as 16 defined in subdivision one of section three thousand thirty-five of the 17 education law, and federal criminal history information from the federal 18 bureau of investigation for the purposes of this subdivision and subdi- 19 visions six, seven and eight of this section. 20 § 3108. Regularization of longshoremen's employment. 1. Notwithstand- 21 ing any other provisions of section three thousand ten of this article, 22 the commission shall have the power to remove from the longshoremen's 23 register any person (including those persons registered as longshoremen 24 for less than nine months) who shall have failed to have worked as a 25 longshoreman in the port of New York district for such minimum number of 26 days during a period of time as shall have been established by the 27 commission. In administering this section, the commission, in its 28 discretion, may count applications for employment as a longshoreman at 29 an employment information center established under section three thou- 30 sand thirteen of this article as constituting actual work as a long- 31 shoreman, provided, however, that the commission shall count as actual 32 work the compensation received by any longshoreman pursuant to the guar- 33 anteed wage provisions of any collective bargaining agreement relating 34 to longshoremen. Prior to the commencement of any period of time estab- 35 lished by the commission pursuant to this section, the commission shall 36 establish for such period the minimum number of days of work required 37 and the distribution of such days during such period and shall also 38 determine whether or not application for employment as a longshoreman 39 shall be counted as constituting actual work as a longshoreman. The 40 commission may classify longshoremen according to length of service as a 41 longshoreman and such other criteria as may be reasonable and necessary 42 to carry out the provisions of this part. The commission shall have the 43 power to vary the requirements of this section with respect to their 44 application to the various classifications of longshoremen. In adminis- 45 tering this section, the commission shall observe the standards set 46 forth in section thirty-one hundred eighteen of this part. Nothing in 47 this section shall be construed to modify, limit or restrict in any way 48 any of the rights protected by article XV of the compact established by 49 part I of this article. 50 § 3109. Additional violations. Any person who, having been duly sworn 51 or affirmed as a witness in any investigation, interview or other 52 proceeding conducted by the commission pursuant to the provisions of 53 this part, shall wilfully give false testimony shall be guilty of a 54 misdemeanor punishable by a fine of not more than one thousand dollars 55 or imprisonment for not more than one year or both.S. 4456 160 1 § 3110. Hearings. 1. At hearings conducted by the commission pursuant 2 to section three thousand twelve of this article, applicants, prospec- 3 tive licensees, licensees and registrants shall have the right to be 4 accompanied and represented by counsel. 5 2. After the conclusion of a hearing but prior to the making of an 6 order by the commission, a hearing may, upon petition and in the 7 discretion of the hearing officer, be reopened for the presentation of 8 additional evidence. Such petition to reopen the hearing shall state in 9 detail the nature of the additional evidence, together with the reasons 10 for the failure to submit such evidence prior to the conclusion of the 11 hearing. The commission may upon its own motion and upon reasonable 12 notice reopen a hearing for the presentation of additional evidence. 13 Upon petition, after the making of an order of the commission, rehear- 14 ing may be granted in the discretion of the commission. Such a petition 15 for rehearing shall state in detail the grounds upon which the petition 16 is based and shall separately set forth each error of law and fact 17 alleged to have been made by the commission in its determination, 18 together with the facts and arguments in support thereof. Such petition 19 shall be filed with the commission not later than thirty days after 20 service of such order, unless the commission for good cause shown shall 21 otherwise direct. 22 The commission may upon its own motion grant a rehearing after the 23 making of an order. 24 § 3111. Denial of applications. In addition to the grounds elsewhere 25 set forth in this article, the commission may deny an application for a 26 license or registration for any of the following: 27 1. Conviction by a court of the United States or any state or territo- 28 ry thereof of coercion; 29 2. Conviction by any such court, after having been previously 30 convicted by any such court of any crime or of the offenses hereinafter 31 set forth, of a misdemeanor or any of the following offenses: assault, 32 malicious injury to property, malicious mischief, unlawful taking of a 33 motor vehicle, corruption of employees or possession of lottery or 34 number slips; or 35 3. Fraud, deceit or misrepresentation in connection with any applica- 36 tion or petition submitted to, or any interview, hearing or proceeding 37 conducted by the commission. 38 4. Violation of any provision of this part or commission of any 39 offense thereunder. 40 5. Refusal on the part of any applicant, or prospective licensee, or 41 of any member, officer or stockholder required by subdivision two of 42 section three thousand seven of this article to sign or be identified in 43 an application for a stevedore license, to answer any material question 44 or produce any material evidence in connection with his application or 45 any application made on his behalf for a license or registration pursu- 46 ant to this part. 47 6. Association with a person who has been identified by a federal, 48 state, or local law enforcement agency as a member or associate of an 49 organized crime group, a terrorist group, or a career offender cartel, 50 or who is a career offender, under circumstances where such association 51 creates a reasonable belief that the participation of the applicant in 52 any activity required to be licensed under this article would be inimi- 53 cal to the policies of this article. For the purpose of this section, 54 (a) a terrorist group shall mean a group associated, affiliated or fund- 55 ed in whole or in part by a terrorist organization designated by the 56 secretary of state in accordance with section 219 of the immigration andS. 4456 161 1 nationality act, as amended from time to time, or any other organization 2 which assists, funds or engages in acts of terrorism as defined in the 3 laws of the United States, or of either of the states of New York (such 4 as subdivision one of section 490.05 of the penal law) or New Jersey; 5 and (b) a career offender shall mean a person whose behavior is pursued 6 in an occupational manner or context for the purpose of economic gain 7 utilizing such methods as are deemed criminal violations against the 8 public policy of the states of New York and New Jersey, and a career 9 offender cartel shall mean a number of career offenders acting in 10 concert, and may include what is commonly referred to as an organized 11 crime group. 12 7. Conviction of a racketeering activity or knowing association with a 13 person who has been convicted of a racketeering activity by a court of 14 the United States or any state or territory thereof under circumstances 15 where such association creates a reasonable belief that the partic- 16 ipation of the applicant in any activity required to be licensed under 17 this part would be inimical to the policies of this part. 18 § 3112. Revocation of licenses and registrations. In addition to the 19 grounds elsewhere set forth in this part, any license or registration 20 issued or made pursuant thereto may be revoked or suspended for such 21 period as the commission deems in the public interest or the licensee or 22 registrant may be reprimanded, for: 23 1. Conviction of any crime or offense in relation to gambling, book- 24 making, pool selling, lotteries or similar crimes or offenses if the 25 crime or offense was committed at or on a pier or other waterfront 26 terminal or within five hundred feet thereof; or 27 2. Wilful commission of, or wilful attempt to commit at or on a water- 28 front terminal or adjacent highway, any act of physical injury to any 29 other person or of wilful damage to or misappropriation of any other 30 person's property, unless justified or excused by law; or 31 3. Receipt or solicitation of anything of value from any person other 32 than a licensee's or registrant's employer as consideration for the 33 selection or retention for employment of such licensee or registrant; or 34 4. Coercion of a licensee or registrant by threat of discrimination or 35 violence or economic reprisal, to make purchases from or to utilize the 36 services of any person; or 37 5. Refusal to answer any material question or produce any evidence 38 lawfully required to be answered or produced at any investigation, 39 interview or other proceeding conducted by the commission pursuant to 40 the provisions of this article, or, if such refusal is accompanied by a 41 valid plea of privilege against self-incrimination, refusal to obey an 42 order to answer such question or produce such evidence made by the 43 commission pursuant to the provisions of subdivision five of section 44 thirty-one hundred seven of this part. 45 6. Association with a person who has been identified by a federal, 46 state, or local law enforcement agency as a member or associate of an 47 organized crime group, a terrorist group, or a career offender cartel, 48 or who is a career offender, under circumstances where such association 49 creates a reasonable belief that the participation of the applicant in 50 any activity required to be licensed under this part would be inimical 51 to the policies of this part. For the purpose of this section, (a) a 52 terrorist group shall mean a group associated, affiliated or funded in 53 whole or in part by a terrorist organization designated by the secretary 54 of state in accordance with section 219 of the immigration and national- 55 ity act, as amended from time to time, or any other organization which 56 assists, funds or engages in acts of terrorism as defined in the laws ofS. 4456 162 1 the United States, or of either of the states of New York (such as 2 subdivision one of section 490.05 of the penal law) or New Jersey; and 3 (b) a career offender shall mean a person whose behavior is pursued in 4 an occupational manner or context for the purpose of economic gain 5 utilizing such methods as are deemed criminal violations against the 6 public policy of the states of New York and New Jersey, and a career 7 offender cartel shall mean a number of career offenders acting in 8 concert, and may include what is commonly referred to as an organized 9 crime group. 10 7. Conviction of a racketeering activity or knowing association with a 11 person who has been convicted of a racketeering activity by a court of 12 the United States or any state or territory thereof under circumstances 13 where such association creates a reasonable belief that the partic- 14 ipation of the applicant in any activity required to be licensed under 15 this article would be inimical to the policies of this article. 16 § 3113. Removal of port watchmen's ineligibility. Any port watchman 17 ineligible for a license by reason of the provisions of paragraph (b) of 18 subdivision three of section three thousand eleven of this article may 19 petition for and the commission may issue an order removing the ineligi- 20 bility in the manner provided in paragraph (b) of subdivision three of 21 section three thousand six of this article. 22 § 3114. Petition for order to remove an ineligibility. A petition for 23 an order to remove an ineligibility under paragraph (b) of subdivision 24 three of section three thousand six, paragraph (e) of subdivision three 25 of section three thousand seven, paragraph (b) of subdivision three of 26 section three thousand six of this article, or paragraph (b) of subdivi- 27 sion three of section thirty-one hundred sixteen of this part may be 28 made to the commission before or after the hearing required by section 29 three thousand twelve of this article. 30 § 3115. Denial of stevedore applications. In addition to the grounds 31 elsewhere set forth in this part the commission shall not grant an 32 application for a license as stevedore if on or after July first, nine- 33 teen hundred fifty-six, the applicant has paid, given, caused to have 34 been paid or given or offered to pay or give to any agent of any carrier 35 of freight by water any valuable consideration for an improper or unlaw- 36 ful purpose or, without the knowledge and consent of such carrier, to 37 induce such agent to procure the employment of the applicant by such 38 carrier or its agent for the performance of stevedoring services. 39 § 3116. Checkers. 1. The commission shall establish within the 40 longshoremen's register a list of all qualified longshoremen eligible, 41 as hereinafter provided, for employment as checkers in the port of New 42 York district. No person shall act as a checker within the port of New 43 York district unless at the time he is included in the longshoremen's 44 register as a checker, and no person shall employ another to work as a 45 checker within the port of New York district unless at the time such 46 other person is included in the longshoremen's register as a checker. 47 2. Any person applying for inclusion in the longshoremen's register as 48 a checker shall file at any such place and in such manner as the commis- 49 sion shall designate a written statement, signed and verified by such 50 person, setting forth the following: 51 (a) The full name, residence, place and date of birth and social secu- 52 rity number of the applicant; 53 (b) The present and previous occupations of the applicant, including 54 the places where he was employed and the names of his employers;S. 4456 163 1 (c) Such further facts and evidence as may be required by the commis- 2 sion to ascertain the character, integrity and identity of the appli- 3 cant. 4 3. No person shall be included in the longshoremen's register as a 5 checker 6 (a) Unless the commission shall be satisfied that the applicant 7 possesses good character and integrity; 8 (b) If the applicant has, without subsequent pardon, been convicted by 9 a court of the United States or any state or territory thereof, of the 10 commission of, or the attempt or conspiracy to commit treason, murder, 11 manslaughter or any felony or high misdemeanor or any of the following 12 misdemeanors or offenses: illegally using, carrying or possessing a 13 pistol or other dangerous weapon; making or possessing burglar's instru- 14 ments; buying or receiving stolen property; unlawful entry of a build- 15 ing; aiding an escape from prison; unlawfully possessing, possessing 16 with intent to distribute, sale or distribution of a controlled danger- 17 ous substance (controlled substance) or, in New Jersey, a controlled 18 dangerous substance analog (controlled substance analog); petty larceny, 19 where the evidence shows the property was stolen from a vessel, pier or 20 other waterfront terminal; and violation of the compact. Any such 21 applicant ineligible for inclusion in the longshoremen's register as a 22 checker by reason of any such conviction may submit satisfactory 23 evidence to the commission that he has for a period of not less than 24 five years, measured as hereinafter provided, and up to the time of 25 application, so conducted himself as to warrant inclusion in the 26 longshoremen's register as a checker, in which event the commission may, 27 in its discretion, issue an order removing such ineligibility. The afor- 28 esaid period of five years shall be measured either from the date of 29 payment of any fine imposed upon such person or the suspension of 30 sentence or from the date of his unrevoked release from custody by 31 parole, commutation or termination of his sentence; 32 (c) If the applicant knowingly or wilfully advocates the desirability 33 of overthrowing or destroying the government of the United States by 34 force or violence or shall be a member of a group which advocates such 35 desirability, knowing the purposes of such group include such advocacy. 36 4. When the application shall have been examined and such further 37 inquiry and investigation made as the commission shall deem proper and 38 when the commission shall be satisfied therefrom that the applicant 39 possesses the qualifications and requirements prescribed by this 40 section, the commission shall include the applicant in the 41 longshoremen's register as a checker. The commission may permit tempo- 42 rary registration as a checker to any applicant under this section pend- 43 ing final action on an application made for such registration, under 44 such terms and conditions as the commission may prescribe, which shall 45 be valid for a period to be fixed by the commission, not in excess of 46 six months. 47 5. The commission shall have power to reprimand any checker registered 48 under this section or to remove him from the longshoremen's register as 49 a checker for such period of time as it deems in the public interest for 50 any of the following offenses: 51 (a) Conviction of a crime or other cause which would permit disquali- 52 fication of such person from inclusion in the longshoremen's register as 53 a checker upon original application; 54 (b) Fraud, deceit or misrepresentation in securing inclusion in the 55 longshoremen's register as a checker or in the conduct of the registered 56 activity;S. 4456 164 1 (c) Violation of any of the provisions of the compact established by 2 part I of this article; 3 (d) Conviction of a crime involving unlawfully possessing, possession 4 with intent to distribute, sale or distribution of a controlled danger- 5 ous substance (controlled substance) or, in New Jersey, a controlled 6 dangerous substance analog (controlled substance analog); 7 (e) Inducing or otherwise aiding or abetting any person to violate the 8 terms of the compact established by part I of this article; 9 (f) Paying, giving, causing to be paid or given or offering to pay or 10 give to any person any valuable consideration to induce such other 11 person to violate any provision of the compact or to induce any public 12 officer, agent or employee to fail to perform his duty under the 13 compact; 14 (g) Consorting with known criminals for an unlawful purpose; 15 (h) Transfer or surrender of possession to any person either temporar- 16 ily or permanently of any card or other means of identification issued 17 by the commission as evidence of inclusion in the longshoremen's regis- 18 ter without satisfactory explanation; 19 (i) False impersonation of another longshoreman or of another person 20 licensed under the compact. 21 6. The commission shall have the right to recover possession of any 22 card or other means of identification issued as evidence of inclusion in 23 the longshoremen's register as a checker in the event that the holder 24 thereof has been removed from the longshoremen's register as a checker. 25 7. Nothing contained in this section shall be construed to limit in 26 any way any rights of labor reserved by section three thousand six of 27 this article. 28 § 3117. Supplementary violations. Any person who, without justifica- 29 tion or excuse in law, directly or indirectly intimidates or inflicts 30 any injury, damage, harm, loss or economic reprisal upon any person 31 licensed or registered by the commission, or any other person, or 32 attempts, conspires or threatens so to do, in order to interfere with, 33 impede or influence such licensed or registered person in the perform- 34 ance or discharge of his duties or obligations shall be punishable as 35 provided in section thirty-one hundred four of this part. 36 § 3118. Suspension of acceptance of applications for inclusion in 37 longshoremen's register; exceptions. 1. The commission shall have the 38 power to make determinations to suspend the acceptance of application 39 for inclusion in the longshoremen's register for such periods of time as 40 the commission may from time to time establish and, after any such peri- 41 od of suspension, the commission shall have the power to make determi- 42 nations to accept applications for such period of time as the commission 43 may establish or in such number as the commission may determine, or 44 both. Such determinations to suspend or accept applications shall be 45 made by the commission: (a) on its own initiative or (b) upon the joint 46 recommendation in writing of stevedores and other employers of long- 47 shoremen in the port of New York district, acting through their repre- 48 sentative for the purpose of collective bargaining with a labor organ- 49 ization representing such longshoremen in such district and such labor 50 organization or (c) upon the petition in writing of a stevedore or 51 another employer of longshoremen in the port of New York district which 52 does not have a representative for the purpose of collective bargaining 53 with a labor organization representing such longshoremen. The commission 54 shall have the power to accept or reject such joint recommendation or 55 petition.S. 4456 165 1 All joint recommendations or petitions filed for the acceptance of 2 applications with the commission for inclusion in the longshoremen's 3 register shall include: 4 (a) the number of employees requested; 5 (b) the category or categories of employees requested; 6 (c) a detailed statement setting forth the reasons for said joint 7 recommendation or petition; 8 (d) in cases where a joint recommendation is made under this section, 9 the collective bargaining representative of stevedores and other employ- 10 ers of longshoremen in the port of New York district and the labor 11 organization representing such longshoremen shall provide the allocation 12 of the number of persons to be sponsored by each employer of longshore- 13 men in the port of New York district; and 14 (e) any other information requested by the commission. 15 2. In administering the provisions of this section, the commission 16 shall observe the following standards: 17 (a) To encourage as far as practicable the regularization of the 18 employment of longshoremen; 19 (b) To bring the number of eligible longshoremen into balance with the 20 demand for longshoremen's services within the port of New York district 21 without reducing the number of eligible longshoremen below that neces- 22 sary to meet the requirements of longshoremen in the port of New York 23 district; 24 (c) To encourage the mobility and full utilization of the existing 25 work force of longshoremen; 26 (d) To protect the job security of the existing work force of long- 27 shoremen by considering the wages and employment benefits of prospective 28 registrants; 29 (e) To eliminate oppressive and evil hiring practices injurious to 30 waterfront labor and waterborne commerce in the port of New York 31 district, including, but not limited to, those oppressive and evil 32 hiring practices that may result from either a surplus or shortage of 33 waterfront labor; 34 (f) To consider the effect of technological change and automation and 35 such other economic data and facts as are relevant to a proper determi- 36 nation; 37 (g) To protect the public interest of the port of New York district. 38 In observing the foregoing standards and before determining to suspend 39 or accept applications for inclusion in the longshoremen's register, the 40 commission shall consult with and consider the views of, including any 41 statistical data or other factual information concerning the size of the 42 longshoremen's register submitted by, carriers of freight by water, 43 stevedores, waterfront terminal owners and operators, any labor organ- 44 ization representing employees registered by the commission, and any 45 other person whose interests may be affected by the size of the 46 longshoremen's register. 47 Any joint recommendation or petition granted hereunder shall be 48 subject to such terms and conditions as the commission may prescribe. 49 3. Any determination by the commission pursuant to this section to 50 suspend or accept applications for inclusion in the longshoremen's 51 register shall be made upon a record, shall not become effective until 52 five days after notice thereof to the collective bargaining represen- 53 tative of stevedores and other employers of longshoremen in the port of 54 New York district and to the labor organization representing such long- 55 shoremen and/or the petitioning stevedore or other employer of long- 56 shoremen in the port of New York district and shall be subject to judi-S. 4456 166 1 cial review for being arbitrary, capricious, and an abuse of discretion 2 in a proceeding jointly instituted by such representative and such labor 3 organization and/or by the petitioning stevedore or other employer of 4 longshoremen in the port of New York district. Such judicial review 5 proceeding may be instituted in either state in the manner provided by 6 the law of such state for review of the final decision or action of 7 administrative agencies of such state, provided, however, that such 8 proceeding shall be decided directly by the appellate division as the 9 court of first instance (to which the proceeding shall be transferred by 10 order of transfer by the supreme court in the state of New York or in 11 the state of New Jersey by notice of appeal from the commission's deter- 12 mination) and provided further that notwithstanding any other provision 13 of law in either state no court shall have power to stay the commis- 14 sion's determination prior to final judicial decision for more than 15 fifteen days. In the event that the court enters a final order setting 16 aside the determination by the commission to accept applications for 17 inclusion in the longshoremen's register, the registration of any long- 18 shoremen included in the longshoremen's register as a result of such 19 determination by the commission shall be cancelled. 20 This section shall apply, notwithstanding any other provision of this 21 article, provided however, such section shall not in any way limit or 22 restrict the provisions of subdivision five of section three thousand 23 ten of this article empowering the commission to register longshoremen 24 on a temporary basis to meet special or emergency needs or the 25 provisions of subdivision four of section three thousand ten of this 26 article relating to the immediate reinstatement of persons removed from 27 the longshoremen's register pursuant to section three thousand ten of 28 this article. Nothing in this section shall be construed to modify, 29 limit or restrict in any way any of the rights protected by section 30 three thousand sixteen of this article. 31 4. Upon the granting of any joint recommendation or petition under 32 this section for the acceptance of applications for inclusion in the 33 longshoremen's register, the commission shall accept applications upon 34 written sponsorship from the prospective employer of longshoremen. The 35 sponsoring employer shall furnish the commission with the name, address 36 and such other identifying or category information as the commission may 37 prescribe for any person so sponsored. The sponsoring employer shall 38 certify that the selection of the persons so sponsored was made in a 39 fair and non-discriminatory basis in accordance with the requirements of 40 the laws of the United States and the states of New York and New Jersey 41 dealing with equal employment opportunities. 42 Notwithstanding any of the foregoing, where the commission determines 43 to accept applications for inclusion in the longshoremen's register on 44 its own initiative, such acceptance shall be accomplished in such manner 45 deemed appropriate by the commission. 46 5. Notwithstanding any other provision of this article, the commission 47 may include in the longshoremen's register under such terms and condi- 48 tions as the commission may prescribe: 49 (a) a person issued registration on a temporary basis to meet special 50 or emergency needs who is still so registered by the commission; 51 (b) a person defined as a longshoreman in subdivision six of section 52 thirty-one hundred six of this part who is employed by a stevedore 53 defined in paragraph (b) or (c) of subdivision one of section thirty-one 54 hundred six of this part and whose employment is not subject to the 55 guaranteed annual income provisions of any collective bargaining agree- 56 ment relating to longshoremen;S. 4456 167 1 (c) no more than twenty persons issued registration limited to acting 2 as scalemen pursuant to the provisions of chapter 953 of the laws of 3 1969 and chapter 64 of the laws of 1982 who are still so registered by 4 the commission and who are no longer employed as scalemen on the effec- 5 tive date of this subdivision; 6 (d) a person issued registration on a temporary basis as a checker to 7 meet special or emergency needs who applied for such registration prior 8 to January 15, 1986 and who is still so registered by the commission; 9 (e) a person issued registration on a temporary basis as a checker to 10 meet special or emergency needs in accordance with a waterfront commis- 11 sion resolution of September 4, 1996 and who is still so registered by 12 the commission; 13 (f) a person issued registration on a temporary basis as a container 14 equipment operator to meet special or emergency needs in accordance with 15 a waterfront commission resolution of September 4, 1996 and who is still 16 so registered by the commission; and 17 (g) a person issued registration on a temporary basis as a longshore- 18 man to meet special or emergency needs in accordance with a waterfront 19 commission resolution of September 4, 1996 and who is still so regis- 20 tered by the commission. 21 6. The commission may include in the longshoremen's register, under 22 such terms and conditions as the commission may prescribe, persons 23 issued registration on a temporary basis as a longshoreman or a checker 24 to meet special or emergency needs and who are still so registered by 25 the commission upon the enactment of this section. 26 § 3119. Temporary suspension of permits, licenses and registrations. 27 1. The commission may temporarily suspend a temporary permit or a 28 permanent license or a temporary or permanent registration pursuant to 29 the provisions of subdivision four of section three thousand twelve of 30 this article until further order of the commission or final disposition 31 of the underlying case, only where the permittee, licensee or registrant 32 has been indicted for, or otherwise charged with, a crime which is 33 equivalent to a felony in the state of New York or to a crime of the 34 third, second or first degree in the state of New Jersey or only where 35 the permittee or licensee is a port watchman who is charged by the 36 commission pursuant to section three thousand twelve of this article 37 with misappropriating any other person's property at or on a pier or 38 other waterfront terminal. 39 2. In the case of a permittee, licensee or registrant who has been 40 indicted for, or otherwise charged with, a crime, the temporary suspen- 41 sion shall terminate immediately upon acquittal or upon dismissal of the 42 criminal charge. A person whose permit, license or registration has been 43 temporarily suspended may, at any time, demand that the commission 44 conduct a hearing as provided for in section three thousand twelve of 45 this article. Within sixty days of such demand, the commission shall 46 commence the hearing and, within thirty days of receipt of the adminis- 47 trative judge's report and recommendation, the commission shall render a 48 final determination thereon; provided, however, that these time require- 49 ments, shall not apply for any period of delay caused or requested by 50 the permittee, licensee or registrant. Upon failure of the commission to 51 commence a hearing or render a determination within the time limits 52 prescribed herein, the temporary suspension of the licensee or regis- 53 trant shall immediately terminate. Notwithstanding any other provision 54 of this subdivision, if a federal, state, or local law enforcement agen- 55 cy or prosecutor's office shall request the suspension or deferment of 56 any hearing on the ground that such a hearing would obstruct or preju-S. 4456 168 1 dice an investigation or prosecution, the commission may in its 2 discretion, postpone or defer such hearing for a time certain or indefi- 3 nitely. Any action by the commission to postpone a hearing shall be 4 subject to immediate judicial review as provided in subdivision seven of 5 section three thousand twelve of this article. 6 3. The commission may in addition, within its discretion, bar any 7 permittee, licensee or registrant whose license or registration has been 8 suspended pursuant to the provisions of subdivision one of this section, 9 from any employment by a licensed stevedore or a carrier of freight by 10 water during the period of such suspension, if the alleged crime that 11 forms the basis of such suspension involves the possession with intent 12 to distribute, sale, or distribution of a controlled dangerous substance 13 (controlled substance) or, in New Jersey, controlled dangerous substance 14 analog (controlled substance analog), racketeering or theft from a pier 15 or waterfront terminal. 16 § 3120. Continuance of port watchmen's licenses. Notwithstanding any 17 provision of subdivision five of section three thousand eleven of this 18 article, a license to act as a port watchman shall continue and need not 19 be renewed, provided the licensee shall, as required by the commission: 20 1. Submit to a medical examination and meet the physical and mental 21 fitness standards established by the commission pursuant to subdivision 22 three of section three thousand eleven of this article; 23 2. Complete a refresher course of training; and 24 3. Submit supplementary personal history information. 25 § 3121. Regularization of port watchmen's employment. The commission 26 shall, at regular intervals, cancel the license or temporary permit of a 27 port watchman who shall have failed during the preceding twelve months 28 to have worked as a port watchman in the port of New York district a 29 minimum number of hours as shall have been established by the commis- 30 sion, except that immediate restoration of such license or temporary 31 permit shall be made upon proper showing that the failure to so work was 32 caused by the fact that the licensee or permittee was engaged in the 33 military service of the United States or was incapacitated by ill 34 health, physical injury or other good cause. 35 § 3122. Duration of stevedore's license. A stevedore's license grant- 36 ed pursuant to section three thousand seven of this article shall be for 37 a term of five years or fraction of such five year period, and shall 38 expire on the first day of December. In the event of the death of the 39 licensee, if a natural person, or its termination or dissolution by 40 reason of a death of a partner, if a partnership, or if the licensee 41 shall cease to be a party to any contract of the type required by para- 42 graph (d) of subdivision three of section three thousand seven of this 43 article, the license shall terminate ninety days after such event or 44 upon its expiration date, whichever shall be sooner. A license may be 45 renewed by the commission for successive five year periods upon fulfill- 46 ing the same requirements as are set forth in section three thousand 47 seven of this article for an original application for a stevedore's 48 license. 49 § 3123. Implementation of telecommunications hiring system for long- 50 shoremen and checkers and registration of telecommunications system 51 controller. 1. The commission may designate one of the employment 52 information centers it is authorized to establish and maintain under 53 section three thousand thirteen of this article for the implementation 54 of a telecommunications hiring system through which longshoremen and 55 checkers may be hired and accept employment without any personal appear- 56 ance at said center. Any such telecommunications hiring system shallS. 4456 169 1 incorporate hiring and seniority agreements between the employers of 2 longshoremen and checkers and the labor organization representing long- 3 shoremen and checkers in the port of New York district, provided said 4 agreements are not in conflict with the provisions of this part. 5 2. The commission shall permit employees of the association represent- 6 ing employers of longshoremen and checkers and of the labor organization 7 representing longshoremen and checkers in the port of New York district, 8 or of a joint board of such association and labor organization, to 9 participate in the operation of said telecommunications hiring system, 10 provided that any such employee is registered by the commission as a 11 "telecommunications system controller" in accordance with the 12 provisions, standards and grounds set forth in this part with respect to 13 the registration of checkers. No person shall act as a "telecommuni- 14 cations system controller" unless he or she is so registered. Any 15 application for such registration and any registration made or issued 16 may be denied, revoked, cancelled or suspended, as the case may be, only 17 in the manner prescribed in section three thousand twelve of this arti- 18 cle. Any and all such participation in the operation of said telecommu- 19 nications hiring system shall be monitored by the commission. 20 3. Any and all records, documents, tapes, discs and other data 21 compiled, collected or maintained by said association of employers, 22 labor organization and joint board of such association and labor organ- 23 ization pertaining to the telecommunications hiring system shall be 24 available for inspection, investigation and duplication by the commis- 25 sion. 26 PART III 27 COMMISSION ESTABLISHED FOR NEW YORK STATE 28 3201. Commission established for New York state. 29 3202. Prohibition against loitering. 30 3203. Prohibition against unions having officers, agents or 31 employees who have been convicted of certain crimes and 32 offenses. 33 3204. Exception to section 3203 of this part for certain employ- 34 ees. 35 § 3201. Commission established for New York state. Unless and until 36 the provisions of the compact contained in part I of this article shall 37 have been concurred in by the state of New Jersey, the consent of 38 congress given thereto, and the commission, provided for therein, estab- 39 lished: 40 1. The provisions of such compact and sections thirty-one hundred two, 41 thirty-one hundred three, thirty-one hundred four and thirty-one hundred 42 five of this article shall apply to and be in full force and effect 43 within the state of New York, except as limited by this section, and any 44 violation of such compact or section shall be a violation of the laws of 45 the state of New York, provided, however, that (with respect to the 46 definitions contained in such compact): 47 (a) "The port of New York district" shall mean only that portion of 48 the district within the state of New York; 49 (b) The "commission", hereinafter referred to in this section as the 50 "New York commission", shall mean and consist of the member appointed by 51 the governor of this state by and with the advice and consent of the 52 senate, and he shall possess and exercise all the powers and duties ofS. 4456 170 1 the commission set forth in part I of this article and any other powers 2 and duties conferred herein; 3 (c) The powers and duties of any other officer or agency of this state 4 prescribed by part I of this article or otherwise by this article shall 5 be effective as if the provisions of the compact were effective as a law 6 of this state; and 7 (d) The New York commission shall not be deemed to be a body corporate 8 and politic and shall be in the executive department of this state. 9 2. The New York commission is authorized to cooperate with a similar 10 commission of the state of New Jersey, to exchange information on any 11 matter pertinent to the purposes of this article, and to enter into 12 reciprocal agreements for the accomplishment of such purposes, including 13 but not limited to the following objectives: 14 (a) To provide for the reciprocal recognition of any license issued or 15 registration made by either commission; 16 (b) To give reciprocal effect to any revocation, suspension or repri- 17 mand with respect to any licensee, and any reprimand or removal from a 18 longshoremen's register; 19 (c) To provide that any act or omission by a licensee or registrant in 20 either state which would be a basis for disciplinary action against such 21 licensee or registrant if it occurred in the state in which the license 22 was issued or the person registered shall be the basis for disciplinary 23 action in both states; 24 (d) To provide that longshoremen registered in either state, who 25 perform work or who apply for work at an employment information center 26 within the other state shall be deemed to have performed work or to have 27 applied for work in the state in which they are registered. 28 3. Notwithstanding any other provision of law, the officers, employees 29 and agents of the commission established by this section may be 30 appointed or employed without regard to their state of residence. Such 31 commission may appoint or employ the same person to a similar office or 32 employment in this state as he holds in a similar commission or agency 33 of the state of New Jersey. 34 Notwithstanding any other provision of this article, for the purpose 35 of providing for the commission's expenses of administration during the 36 remainder of the calendar year following the effective date of this 37 article, and until June thirtieth, nineteen hundred fifty-four the 38 assessment for such expense shall be at the rate of one and one-half per 39 cent. Such assessment shall be made, collected and enforced in accord- 40 ance with section three thousand fourteen of this article. 41 § 3202. Prohibition against loitering. No person shall, without a 42 satisfactory explanation, loiter upon any vessel, dock, wharf, pier, 43 bulkhead, terminal, warehouse, or other waterfront facility or within 44 five hundred feet thereof in that portion of the port of New York 45 district within the state of New York. 46 § 3203. Prohibition against unions having officers, agents or employ- 47 ees who have been convicted of certain crimes and offenses. No person 48 shall solicit, collect or receive any dues, assessments, levies, fines 49 or contributions, or other charges within the state for or on behalf of 50 any labor organization which represents employees registered or licensed 51 pursuant to the provisions of this article or which derives its charter 52 from a labor organization representing one hundred or more of such 53 registered or licensed employees, if any officer, agent or employee of 54 such labor organization, or of a welfare fund or trust administered 55 partially or entirely by such labor organization or by trustees or other 56 persons designated by such labor organization, has been convicted by aS. 4456 171 1 court of the United States, or any state or territory thereof, of a 2 felony, any misdemeanor involving moral turpitude or any crime or 3 offense enumerated in subdivision three (b) of section thirty-one 4 hundred sixteen of this article, unless he has been subsequently 5 pardoned therefor by the governor or other appropriate authority of the 6 state or jurisdiction in which such conviction was had or has received a 7 certificate of good conduct from the board of parole pursuant to the 8 provisions of the executive law to remove the disability. No person so 9 convicted shall serve as an officer, agent or employee of such labor 10 organization, welfare fund or trust unless such person has been so 11 pardoned or has received a certificate of good conduct. No person, 12 including such labor organization, welfare fund or trust, shall know- 13 ingly permit such convicted person to assume or hold any office, agency, 14 or employment in violation of this section. 15 As used in this section, the term "labor organization" shall mean and 16 include any organization which exists and is constituted for the purpose 17 in whole or in part of collective bargaining, or of dealing with employ- 18 ers concerning grievances, terms and conditions of employment, or of 19 other mutual aid or protection; but it shall not include a federation 20 or congress of labor organizations organized on a national or interna- 21 tional basis even though one of its constituent labor organizations may 22 represent persons so registered or licensed. 23 Any person who shall violate this section shall be guilty of a misde- 24 meanor punishable by a fine of not more than five hundred dollars or 25 imprisonment for not more than one year or both. 26 § 3204. Exception to section thirty-two hundred three of this part for 27 certain employees. If upon application to the commission by an employee 28 who has been convicted of a crime or offense specified in section thir- 29 ty-two hundred three of this part the commission, in its discretion, 30 determines in an order that it would not be contrary to the purposes and 31 objectives of this article for such employee to work in a particular 32 employment for a labor organization, welfare fund or trust within the 33 meaning of section thirty-two hundred three of this part, the provisions 34 of section thirty-two hundred three of this part shall not apply to the 35 particular employment of such employee with respect to such conviction 36 or convictions as are specified in the commission's order. This section 37 is applicable only to those employees who for wages or salary perform 38 manual, mechanical, or physical work of a routine or clerical nature at 39 the premises of the labor organization, welfare fund or trust by which 40 they are employed. 41 PART IV 42 COMPACT 43 3301. Compact. 44 3302. Findings and declarations. 45 3303. Definitions. 46 3304. General powers of the commission. 47 3305. Airfreightmen and airfreightman supervisors. 48 3306. Air freight terminal operators; air freight truck carri- 49 ers; and airfreightmen; labor relations consultants. 50 3307. Air freight security area. 51 3308. Hearings, determinations and review. 52 3309. Expenses of administration. 53 3310. General violations; prosecutions; penalties. 54 3311. Amendments; construction; short title.S. 4456 172 1 § 3301. Compact. The state of New York hereby agrees with the state 2 of New Jersey, upon the enactment by the state of New Jersey of legis- 3 lation having the same effect as this section, to the following compact: 4 § 3302. Findings and declarations. 1. The states of New York and New 5 Jersey hereby find and declare that the movement of freight through the 6 two states is vital to their economies and prosperity; that ever 7 increasing amounts of such freight are being carried by the air freight 8 industry; that said air freight industry in the two states constitutes 9 an inseparable and integral unit of the commerce of the two states; 10 that criminal and racketeer elements have infiltrated the air freight 11 industry; that such criminal infiltration is threatening the growth of 12 said air freight industry; that one of the means by which such criminal 13 and racketeer elements infiltrate the air freight industry is by posing 14 as labor relations consultants and that firms handling air freight are 15 often forced to employ or engage such persons; that the air freight 16 industry is suffering an alarming rise in the amount of pilferage and 17 theft of air freight; and that it is imperative to the continued growth 18 and economic well-being of the states of New York and New Jersey that 19 every possible effective measure be taken to prevent the pilferage and 20 theft of air freight and the criminal infiltration of the air freight 21 industry. 22 2. The states of New York and New Jersey hereby find and declare that 23 many of the evils existing in the air freight industry result not only 24 from the causes above described but from the lack of regulation of the 25 air freight industry in and about the port of New York district; that 26 the air freight industry is affected with a public interest requiring 27 regulation, just as the states of New York and New Jersey have hereto- 28 fore found and declared in respect to the shipping industry; and that 29 such regulation of the air freight industry shall be deemed an exercise 30 of the police power of the two states for the protection of the public 31 safety, welfare, prosperity, health, peace and living conditions of the 32 people of the states. 33 § 3303. Definitions. As used in this compact: 34 1. "Commission" shall mean the waterfront and airport commission of 35 New York and New Jersey established by section three thousand four of 36 this article. 37 2. "Airport" shall mean any area on land, water or building or any 38 other facility located within the states of New York and New Jersey 39 (except a military installation of the United States government) (a) 40 which is located within one hundred miles of any point in the port of 41 New York district, (b) which is used, or intended for use, for the land- 42 ing and take-off of aircraft operated by an air carrier, and any appur- 43 tenant areas which are used or intended for use, for airport buildings 44 or other airport facilities or rights of way, together with all airport 45 buildings, equipment, aircraft, and facilities located thereon, and (c) 46 where the total tonnage of air freight in a calendar year loaded and 47 unloaded on and from aircraft exceeds twenty thousand tons. 48 3. "Air carrier" shall mean any person who may be engaged or who may 49 hold himself out as willing to be engaged, whether as a common carrier, 50 as a contract carrier or otherwise, in the carriage of freight by air. 51 4. "Air freight" shall mean freight (including baggage, aircraft 52 stores and mail) which is, has been, or will be carried by or consigned 53 for carriage by an air carrier. 54 5. "Air freight terminal" shall include any warehouse, depot or other 55 terminal (other than an airport) (a) any part of which is located within 56 an airport and any part of which is used for the storage of air freight,S. 4456 173 1 or (b) which is operated by an air carrier or a contractor of an air 2 carrier and any part of which is used for the storage of air freight and 3 any part of which is located within the port of New York district. 4 6. "Air freight terminal operator" shall mean the owner, lessee, or 5 contractor or such other person (other than an employee) who is in 6 direct and immediate charge and control of an air freight terminal, or 7 any portion thereof. 8 7. "Air freight truck carrier" shall mean a contractor (other than an 9 employee) engaged for compensation pursuant to a contract or arrange- 10 ment, directly or indirectly, with an air carrier or air carriers or 11 with an air freight terminal operator or operators in the moving of 12 freight to or from an airport or air freight terminal by a truck or 13 other motor vehicle used primarily for the transportation of property. 14 8. "Air freight security area" shall mean any area located within the 15 airport to which the commission determines that limited ingress and 16 egress is required for the protection and security of any air freight 17 located within the airport. 18 9. "Airfreightman" shall mean a natural person who is employed 19 (a) by any person to physically move or to perform services incidental 20 to the movement of air freight at an airport or in an air freight termi- 21 nal; or 22 (b) by an air carrier or an air freight terminal operator or an air 23 freight truck carrier to transport or to assist in the transportation of 24 air freight to or from an airport or air freight terminal; or 25 (c) by any person to engage in direct and immediate checking of any 26 air freight located in an airport or in an air freight terminal or of 27 the custodial accounting therefor. 28 10. "Airfreightman supervisor" shall mean a natural person who is 29 employed to supervise directly and immediately the work of an airfr- 30 eightman at an airport or at an air freight terminal. 31 11. "Airfreightman labor relations consultant" shall mean any person 32 who, pursuant to any contract or arrangement, advises or represents an 33 air carrier, an air freight terminal operator, or an air freight truck 34 carrier, or an organization of such employers (whether or not incorpo- 35 rated), or a labor organization representing any airfreightmen or airfr- 36 eightman supervisors, concerning the organization or collective bargain- 37 ing activities of airfreightmen or airfreightman supervisors, but shall 38 not include any person designated by any government official or body to 39 so act or any person duly licensed to practice law as an attorney in any 40 jurisdiction. As used in this paragraph, the term "labor organization" 41 shall mean and include any labor organization to which section thirty- 42 four hundred one of this article is applicable. 43 12. "Person" shall mean not only a natural person but also any part- 44 nership, joint venture, association, corporation or any other legal 45 entity but shall not include the United States, any state or territory 46 thereof or any department, division, board, commission or authority of 47 one or more of the foregoing or any officer or employee thereof while 48 engaged in the performance of his official duties. 49 13. "The port of New York district" shall mean the district created by 50 article II of the compact dated April thirtieth, nineteen hundred twen- 51 ty-one, between the states of New York and New Jersey, authorized by 52 chapter one hundred fifty-four of the laws of New York of nineteen 53 hundred twenty-one and continued by article I of this chapter, and chap- 54 ter one hundred fifty-one of the laws of New Jersey of nineteen hundred 55 twenty-one, and any amendments thereto.S. 4456 174 1 14. "Court of the United States" shall mean all courts enumerated in 2 section four hundred fifty-one of title twenty-eight of the United 3 States code and the courts-martial of the armed forces of the United 4 States. 5 15. "Witness" shall mean any person whose testimony is desired in any 6 investigation, interview or other proceeding conducted by the commission 7 pursuant to the provisions of this compact. 8 16. "Compact" shall mean this compact and rules and regulations 9 lawfully promulgated thereunder and shall also include any amendments or 10 supplements to this compact to implement the purposes thereof adopted by 11 the action of the legislature of either the state of New York or the 12 state of New Jersey concurred in by the legislature of the other. 13 § 3304. General powers of the commission. In addition to the powers 14 and duties of the commission conferred in parts I, II, III, and V of 15 this article, the commission shall have the power: 16 1. To administer and enforce the provisions of this compact; 17 2. To establish such divisions and departments within the commission 18 as the commission may deem necessary and to appoint such officers, 19 agents and employees as it may deem necessary, prescribe their powers, 20 duties and qualifications and fix their compensation and retain and 21 employ counsel and private consultants on a contract basis or otherwise; 22 3. To make and enforce such rules and regulations as the commission 23 may deem necessary to effectuate the purposes of this compact or to 24 prevent the circumvention or evasion thereof including, but not limited 25 to, rules and regulations (which shall be applicable to any person 26 licensed by the commission, his employer, or any other person within an 27 airport) to provide for the maximum protection of air freight, such as 28 checking and custodial accounting, guarding, storing, fencing, gatehous- 29 es, access to air freight, air freight loss reports, and any other 30 requirements which the commission in its discretion may deem to be 31 necessary and appropriate to provide such maximum protection. The rules 32 and regulations of the commission shall be effective upon publication in 33 the manner which the commission shall prescribe and upon filing in the 34 office of the secretary of state of each state. A certified copy of any 35 such rules and regulations, attested as true and correct by the commis- 36 sion, shall be presumptive evidence of the regular making, adoption, 37 approval and publication thereof; 38 4. To have for its members and its properly designated officers, 39 agents and employees, full and free access, ingress and egress to and 40 from all airports, air freight terminals, all aircraft traveling to or 41 from an airport and all trucks or other motor vehicles or equipment 42 which are carrying air freight to or from any airport or air freight 43 terminal for the purposes of conducting investigations, making 44 inspections or enforcing the provisions of this compact; and no person 45 shall obstruct or in any way interfere with any such member, officer, 46 employee or agent in the making of such investigation or inspection or 47 in the enforcement of the provisions of this compact or in the perform- 48 ance of any other power or duty under this compact; 49 5. To make investigations, collect and compile information concerning 50 airport practices generally, and upon all matters relating to the accom- 51 plishment of the objectives of this compact; 52 6. To advise and consult with representatives of labor and industry 53 and with public officials and agencies concerned with the effectuation 54 of the purposes of this compact, upon all matters which the commission 55 may desire, including but not limited to the form and substance of rules 56 and regulations and the administration of the compact and the expe-S. 4456 175 1 ditious handling and efficient movement of air freight consistent with 2 the security of such air freight; 3 7. To make annual and other reports to the governors and legislatures 4 of both states containing recommendations for the effectuation of the 5 purposes of this compact; 6 8. To issue temporary licenses and temporary permits under such terms 7 and conditions as the commission may prescribe; 8 9. In any case in which the commission has the power to revoke or 9 suspend any license or permit the commission shall also have the power 10 to impose as an alternative to such revocation or suspension, a penalty, 11 which the licensee or permittee may elect to pay the commission in lieu 12 of the revocation or suspension. The maximum penalty shall be five 13 thousand dollars for each separate offense. The commission may, for good 14 cause shown, abate all or part of such penalty; 15 10. To determine the location, size and suitability of field and 16 administrative offices and any other accommodations necessary and desir- 17 able for the performance of the commission's duties under this compact; 18 11. To acquire, hold and dispose of real and personal property, by 19 gift, purchase, lease, license or other similar manner, for its corpo- 20 rate purposes, and in connection therewith to borrow money; 21 12. To recover possession of any card or other means of identification 22 issued by the commission as evidence of a license or permit in the event 23 that the holder thereof no longer is a licensee or permittee; 24 13. To require any licensee or permittee to exhibit upon demand the 25 license or permit issued to him by the commission or to wear such 26 license or permit. 27 The powers and duties of the commission may be exercised by officers, 28 employees and agents designated by them, except the power to make rules 29 and regulations. The commission shall have such additional powers and 30 duties as may hereafter be delegated to or imposed upon it from time to 31 time by the action of the legislature of either state concurred in by 32 the legislature of the other. 33 § 3305. Airfreightmen and airfreightman supervisors. 1. On and after 34 the ninetieth day after the effective date of this compact, no person 35 shall act as an airfreightman or an airfreightman supervisor within the 36 state of New York or the state of New Jersey without having first 37 obtained from the commission a license to act as such airfreightman or 38 airfreightman supervisor, as the case may be, and no person shall employ 39 another person to act as an airfreightman or airfreightman supervisor 40 who is not so licensed. 41 2. A license to act as an airfreightman or airfreightman supervisor 42 shall be issued only upon the written application, under oath, of the 43 person proposing to employ or engage another person to act as such 44 airfreightman or airfreightman supervisor, verified by the prospective 45 licensee as to the matters concerning him, and shall set forth the 46 prospective licensee's full name, residence address, social security 47 number, and such further facts and evidence as may be required by the 48 commission to determine the identity, the existence of a criminal 49 record, if any, and the eligibility of the prospective licensee for a 50 license. 51 3. The commission may in its discretion deny the application for such 52 license submitted on behalf of a prospective licensee for any of the 53 following causes: 54 (a) Conviction by a court of the United States or any state or terri- 55 tory thereof, without subsequent pardon, of the commission of, or the 56 attempt or conspiracy to commit, treason, murder, manslaughter, coercionS. 4456 176 1 or any felony or high misdemeanor or any of the following misdemeanors 2 or offenses (excluding, however, any conviction for a misdemeanor or 3 lesser offense arising out of physical misconduct committed during the 4 course of lawful organizational or collective bargaining activities of 5 any labor organization): illegally using, carrying or possessing a 6 pistol or other dangerous weapon; making, manufacturing or possessing 7 burglar's instruments; buying or receiving stolen property; criminal 8 possession of stolen property; unlawful entry of a building; criminal 9 trespass; aiding an escape from prison; and unlawfully possessing, 10 selling or distributing a dangerous drug; 11 (b) Conviction by any such court, after having been previously 12 convicted by any such court of any crime or of the offenses hereinafter 13 set forth, of a misdemeanor or any of the following offenses (excluding, 14 however, any conviction for a misdemeanor or lesser offense arising out 15 of physical misconduct committed during the course of lawful organiza- 16 tional or collective bargaining activities of any labor organization): 17 assault, malicious injury to property, criminal mischief, malicious 18 mischief, criminal tampering, unlawful use or taking of a motor vehicle, 19 corruption of employees, promoting gambling, possession of gambling 20 records or devices, or possession of lottery or number slips; 21 (c) Fraud, deceit or misrepresentation in connection with any applica- 22 tion or petition submitted to, or any interview, hearing or proceeding 23 conducted by the commission; 24 (d) Violation of any provision of this section or the commission of 25 any offense thereunder; 26 (e) Refusal on the part of the applicant, or prospective licensee, to 27 answer any material question or produce any material evidence in 28 connection with the application; 29 (f) As to an airfreightman, his presence at the airports or air 30 freight terminals is found by the commission on the basis of the facts 31 and evidence before it to constitute a danger to the public peace or 32 safety; 33 (g) As to an airfreightman supervisor, failure to satisfy the commis- 34 sion that the prospective licensee possesses good character and integri- 35 ty; 36 (h) Conviction of a crime or other cause which would permit reprimand 37 of such prospective licensee or the suspension or revocation of his 38 license if such person were already licensed. 39 4. When the application shall have been examined and such further 40 inquiry and investigation made as the commission shall deem proper and 41 when the commission shall be satisfied therefrom that the prospective 42 licensee possesses the qualifications and requirements prescribed in 43 this article, the commission shall issue and deliver to the prospective 44 licensee a license to act as an airfreightman or as an airfreightman 45 supervisor, as the case may be, and shall inform the applicant of its 46 action. 47 5. The commission shall have the power to reprimand any airfreightman 48 or airfreightman supervisor licensed under this article or to revoke or 49 suspend his license for such period as the commission deems in the 50 public interest for any of the following causes: 51 (a) Conviction of a crime or other cause which would permit the denial 52 of a license upon original application; 53 (b) Fraud, deceit or misrepresentation in securing the license, or in 54 the conduct of the licensed activity; 55 (c) Transfer or surrender of possession to any person either temporar- 56 ily or permanently of any card or other means of identification issuedS. 4456 177 1 by the commission as evidence of a license, without satisfactory expla- 2 nation; 3 (d) False impersonation of another person who is a licensee or permit- 4 tee of the commission under this compact; 5 (e) Wilful commission of, or wilful attempt to commit at an airport or 6 at an air freight terminal or adjacent highway any act of physical inju- 7 ry to any other person or of wilful damage to or misappropriation of any 8 other person's property, unless justified or excused by law. 9 (f) Violation of any of the provisions of this compact or inducing or 10 otherwise aiding or abetting any person to violate the terms of this 11 compact; 12 (g) Addiction to the use of, or unlawful possession, sale or distrib- 13 ution of a dangerous drug; 14 (h) Paying, giving, causing to be paid or given or offering to pay or 15 give to any person any valid consideration to induce such other person 16 to violate any provision of this compact or to induce any public offi- 17 cer, agent or employee to fail to perform his duty under this compact; 18 (i) Consorting with known criminals for unlawful purposes; 19 (j) Receipt or solicitation of anything of value from any person other 20 than the licensee's or permittee's employer as consideration for the 21 selection or retention for employment of any person who is a licensee or 22 permittee of the commission under this compact; 23 (k) Coercion of any person who is a licensee or permittee of the 24 commission under this compact by threat of discrimination or violence or 25 economic reprisal to make purchases from or to utilize the services of 26 any person; 27 (l) Lending any money to or borrowing any money from any person who is 28 a licensee or permittee of the commission under this compact for which 29 there is a charge of interest or other consideration which is usurious; 30 (m) Conviction of any criminal offense in relation to gambling, book- 31 making, pool selling, lotteries or similar crimes or offenses if the 32 crime or offense was committed at an airport or air freight terminal or 33 within five hundred feet thereof; 34 (n) Refusal to answer any material question or produce any material 35 evidence lawfully required to be answered or produced at any investi- 36 gation, interview or other proceeding conducted by the commission pursu- 37 ant to the provisions of this compact, or, if such refusal is accompa- 38 nied by a valid plea of privilege against self-incrimination, refusal to 39 obey an order to answer such question or produce such evidence made by 40 the commission pursuant to the power of the commission under this 41 compact to grant immunity from prosecution; 42 (o) Refusal to exhibit his license or permit upon the demand of any 43 officer, agent or employee of the commission or failure to wear such 44 license or permit when required. 45 6. A license granted pursuant to this section shall expire on the 46 expiration date (which shall be at least one year from the date of its 47 issuance) set forth by the commission on the card or other means of 48 identification issued by the commission as evidence of a license or upon 49 the termination of employment with the employer who applied for the 50 license. Upon expiration thereof, a license may be renewed by the 51 commission upon fulfilling the same requirements as are set forth in 52 this compact for an original application. 53 § 3306. Air freight terminal operators; air freight truck carriers; 54 and airfreightmen; labor relations consultants. 1. On and after the 55 ninetieth day after the effective date of this compact, no person, 56 except an air carrier, shall act as an air freight terminal operator orS. 4456 178 1 as an air freight truck carrier or as an airfreightman labor relations 2 consultant within the state of New York or the state of New Jersey with- 3 out having first obtained a license from the commission to act as an air 4 freight terminal operator or as an air freight truck carrier or as an 5 airfreightman labor relations consultant, as the case may be, and no 6 person shall employ or engage another person to perform services as an 7 air freight terminal operator or as an air freight truck carrier or as 8 an airfreightman labor relations consultant who is not so licensed. 9 2. Any person intending to act as an air freight terminal operator or 10 as an air freight truck carrier or as an airfreightman labor relations 11 consultant within the state of New York or the state of New Jersey shall 12 file in the office of the commission a written application for a license 13 to engage in such occupation duly signed and 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, identity and criminal 22 record, if any, of each 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 ten per cent or more of any of the stock thereof, and of all the 29 officers (including all members of the board of directors). The 30 requirements of paragraph (a) of this subdivision as to a natural person 31 who is a member of a partnership, and such requirements as may be speci- 32 fied in rules and regulations promulgated by the commission, shall apply 33 to each such officer or stockholder and their successors in office or 34 interest as the case may be. 35 In the event of the death, resignation or removal of any officer, and 36 in the event of any change in the list of stockholders who shall own ten 37 per cent or more of the stock of the corporation, the secretary of such 38 corporation shall forthwith give notice of that fact in writing to the 39 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 subdivision two of this 43 section to sign or to be identified in the application or if the person 44 so signing or named in the application is an undisclosed agent or trus- 45 tee for any such real party in interest or if any such real party in 46 interest does not sign the application; 47 (b) Unless the commission shall be satisfied that the applicant and 48 all members, officers and stockholders required by subdivision two of 49 this section to sign or be identified in the application for license 50 possess good character and integrity; 51 (c) If the applicant or any member, officer or stockholder required by 52 subdivision two of this section to sign or be identified in the applica- 53 tion for license has, without subsequent pardon, been convicted by a 54 court of the United States or any state or territory thereof of the 55 commission of, or the attempt or conspiracy to commit any crime or 56 offense described in paragraph (a) of subdivision three of section thir-S. 4456 179 1 ty-three hundred five of this part. Any applicant ineligible for a 2 license by reason of any such conviction may submit satisfactory 3 evidence to the commission that the person whose conviction was the 4 basis of ineligibility has for a period of not less than five years, 5 measured as hereinafter provided and up to the time of application, so 6 conducted himself as to warrant the grant of such license, in which 7 event the commission may, in its discretion issue an order removing such 8 ineligibility. The aforesaid period of five years shall be measured 9 either from the date of payment of any fine imposed upon such person or 10 the suspension of sentence or from the date of his unrevoked release 11 from custody by parole, commutation or termination of his sentence. 12 Such petition may be made to the commission before or after the hearing 13 on the application; 14 (d) If, on or after the effective date of this compact, the applicant 15 has paid, given, caused to have been paid or given or offered to pay or 16 give to any officer or employee of any other person employing or engag- 17 ing him in his licensed activity any valuable consideration for an 18 improper or unlawful purpose or to induce such officer or employee to 19 procure the employment of the applicant in his licensed activity by such 20 other person; 21 (e) If, on or after the effective date of this compact, the applicant 22 has paid, given, caused to have been paid, or given or offered to pay or 23 give to any officer or representative of a labor organization any valu- 24 able consideration for an improper or unlawful purpose or to induce such 25 officer or representative to subordinate the interest of such labor 26 organization or its members in the management of the affairs of such 27 labor organization to the interests of the applicant or any other 28 person; 29 (f) If, on or after the effective date of this compact, the applicant 30 has paid, given, caused to have been paid or given or offered to pay or 31 give to any agent of any other person any valuable consideration for an 32 improper or unlawful purpose or, without the knowledge and consent of 33 such other person, to induce such agent to procure the employment of the 34 applicant in his licensed activity by such other person. 35 4. When the application shall have been examined and such further 36 inquiry and investigation made as the commission shall deem proper and 37 when the commission shall be satisfied therefrom that the applicant 38 possess the qualifications and requirements prescribed in this section, 39 the commission shall issue and deliver a license to the applicant. 40 5. The commission shall have the power to reprimand any person 41 licensed under this section or to revoke or suspend his license for such 42 period as the commission deems in the public interest for any of the 43 following causes on the part of the licensee or of any person required 44 by subdivision two of this section to sign or be identified in an 45 original application for a license: 46 (a) Any cause set forth in subdivision five of section thirty-three 47 hundred five of this part; 48 (b) Failure by the licensee to maintain a complete set of books and 49 records containing a true and accurate account of the licensee's 50 receipts and disbursements arising out of his licensed activities; 51 (c) Failure to keep said books and records available during business 52 hours for inspection by the commission and its duly designated represen- 53 tatives until the expiration of the fifth calendar year following the 54 calendar year during which occurred the transactions recorded therein; 55 (d) Failure to pay any assessment or fee payable to the commission 56 under this compact when due.S. 4456 180 1 6. A license granted pursuant to this section shall expire on the 2 expiration date (which shall be at least one year from the date of its 3 issuance) set forth by the commission on the card or other means of 4 identification issued by the commission as evidence of a license. Upon 5 expiration thereof, a license may be renewed by the commission upon 6 fulfilling the same requirements as are set forth in this section for an 7 original application. 8 § 3307. Air freight security area. 1. On or after the effective date 9 of this compact, the commission shall have the power to designate any 10 area located within an airport as an air freight security area. No 11 person who is not licensed by the commission pursuant to this compact 12 shall have ingress to an air freight security area unless issued a 13 permit by the commission. 14 2. Any person who is not licensed by the commission pursuant to this 15 compact and who desires upon any occasion ingress to an air freight 16 security area shall apply at the entrance to such area for a permit for 17 ingress for that particular occasion. In order to secure a permit, a 18 prospective permittee must show identification establishing his name and 19 address and he may be required by the commission to sign a consent to 20 the surrender of his permit upon egress from such area and, if he is 21 driving a motor vehicle, to an inspection of his motor vehicle upon 22 egress from such area. Any person desiring a permit to enter an air 23 freight security area may be denied such permit by the commission in its 24 discretion if the commission determines that the presence of such person 25 in such area would constitute a danger to the public peace or safety. 26 3. Any person whose business, employment or occupation requires him to 27 have ingress upon a regular basis to an air freight security area shall 28 be required, in order to obtain ingress to such area, to apply to the 29 commission for a permit for a fixed period of duration to be determined 30 by the commission. Such applicant for a permit of a fixed period of 31 duration shall fulfill the same requirements as the prospective licensee 32 for an airfreightman's license. The commission may in the exercise of 33 its discretion suspend or revoke such permit of a fixed period of dura- 34 tion for the same causes which would permit the commission to revoke the 35 license of an airfreightman. 36 4. The commission shall have the power to inspect any truck or any 37 other motor vehicle within an air freight security area. 38 5. The provisions of this article shall not be applicable to any 39 person who is a member of the flight crew or flight personnel of an 40 aircraft which is operated by an air carrier and which is located within 41 an air freight security area upon a showing of such identification as 42 may be required by the commission. 43 § 3308. Hearings, determinations and review. 1. The commission shall 44 not deny any application for a license or permit without giving the 45 applicant or prospective licensee or permittee reasonable prior notice 46 and an opportunity to be heard. 47 2. Any application for a license or permit, and any license or permit 48 issued, may be denied, revoked or suspended, as the case may be, only in 49 the manner prescribed in this section. 50 3. The commission may on its own initiative or on complaint of any 51 person, including any public official or agency, institute proceedings 52 to revoke or suspend any license or permit after a hearing at which the 53 licensee or permittee and any person making such complaint shall be 54 given an opportunity to be heard, provided that any order of the commis- 55 sion revoking or suspending any license or permit shall not become 56 effective until fifteen days subsequent to the serving of notice thereofS. 4456 181 1 upon the licensee or permittee unless in the opinion of the commission 2 the continuance of the license or permit for such period would be inimi- 3 cal to the public peace or safety. Such hearings shall be held in such 4 manner and upon such notice as may be prescribed by the rules of the 5 commission, but such notice shall be of not less than ten days and shall 6 state the nature of the complaint. 7 4. Pending the determination of such hearing pursuant to subdivision 8 three of this section, the commission may temporarily suspend a license 9 or permit if in the opinion of the commission the continuance of the 10 license or permit for such period is inimical to the public peace or 11 safety. 12 5. The commission, or such member, officer, employee or agent of the 13 commission as may be designated by the commission for such purpose, 14 shall have the power to issue subpoenas throughout both states to compel 15 the attendance of witnesses and the giving of testimony or production of 16 other evidence and to administer oaths in connection with any such hear- 17 ing. It shall be the duty of the commission or of any such member, 18 officer, employee or agent of the commission designated by the commis- 19 sion for such purpose to issue subpoenas at the request of and upon 20 behalf of the licensee, permittee or applicant. The commission or such 21 person conducting the hearing shall not be bound by common law or statu- 22 tory rules of evidence or by technical or formal rules or procedure in 23 the conduct of such hearing. 24 6. Upon the conclusion of the hearing, the commission shall take such 25 action upon such findings and determinations as it deems proper and 26 shall execute an order carrying such findings into effect. The action 27 in the case of an application for a license or permit shall be the 28 granting or denial thereof. The action in the case of a licensee or 29 permittee shall be revocation of the license or permit or suspension 30 thereof for a fixed period or reprimand or a dismissal of the charges. 31 7. The action of the commission in denying any application for a 32 license or permit or in suspending or revoking such license or permit or 33 in reprimanding a licensee or permittee shall be subject to judicial 34 review by a proceeding instituted in either state at the instance of the 35 applicant, licensee or permittee in the manner provided by the law of 36 such state for review of the final decision or action of administrative 37 agencies of such state, provided, however, that notwithstanding any 38 other provision of law the court shall have power to stay for not more 39 than thirty days an order of the commission suspending or revoking a 40 license or permit. 41 8. At hearings conducted by the commission pursuant to this section, 42 applicants, prospective licensees and permittees, licensees and permit- 43 tees shall have the right to be accompanied and represented by counsel. 44 9. After the conclusion of a hearing but prior to the making of an 45 order by the commission, a hearing may, upon petition and in the 46 discretion of the hearing officer, be reopened for the presentation of 47 additional evidence. Such petition to reopen the hearing shall state in 48 detail the nature of the additional evidence, together with the reasons 49 for the failure to submit such evidence prior to the conclusion of the 50 hearing. The commission may upon its own motion and upon reasonable 51 notice reopen a hearing for the presentation of additional evidence. 52 Upon petition, after the making of an order of the commission, rehearing 53 may be granted in the discretion of the commission. Such a petition for 54 rehearing shall state in detail the grounds upon which the petition is 55 based and shall separately set forth each error of law and fact alleged 56 to have been made by the commission in its determination, together withS. 4456 182 1 the facts and arguments in support thereof. Such petition shall be 2 filed with the commission not later than thirty days after service of 3 such order unless the commission for good cause shown shall otherwise 4 direct. The commission may upon its own motion grant a rehearing after 5 the making of an order. 6 § 3309. Expenses of administration. 1. In addition to the budget of 7 its expenses under the waterfront commission compact, the commission 8 shall annually adopt a budget of its expenses under this compact for 9 each year. The annual budget shall be submitted to the governors of the 10 two states and shall take effect as submitted provided that either 11 governor may within thirty days disapprove or reduce any item or items, 12 and the budget shall be adjusted accordingly. 13 2. After taking into account such funds as may be available to it from 14 reserves in excess of ten per cent of such budget under this compact, 15 federal grants, or otherwise, the balance of the commission's budgeted 16 expenses shall be obtained by fees payable under this article and by 17 assessments upon employers of persons licensed under this compact as 18 provided in this article. 19 3. With respect to airfreightmen and airfreightman supervisors who are 20 employed by an air freight truck carrier regularly to move freight to or 21 from an airport, the employers shall pay to the commission for each such 22 airfreightman and airfreightman supervisor a license fee to be deter- 23 mined by the commission, not in excess of one hundred dollars for each 24 year, commencing with the first day of April. The employer of every 25 person who is issued a permit of fixed duration by the commission for 26 ingress to an air freight security area, or the permittee himself if he 27 is self-employed, shall pay to the commission a fee to be determined by 28 the commission, not in excess of seventy-five dollars for each year, 29 commencing with the first day of April. The commission shall reduce the 30 maximum fees payable under this section proportionately with any 31 reduction in the maximum assessment rate of two per cent provided for by 32 this section. 33 4. Every employer of airfreightmen and airfreightman supervisors 34 licensed by the commission, except as otherwise provided in subdivision 35 three of this section, shall pay to the commission an assessment 36 computed upon the gross payroll payments made by such employer to airfr- 37 eightmen and airfreightman supervisors for work performed as such, at a 38 rate, not in excess of two per cent, computed by the commission, in the 39 following manner: the commission shall annually estimate the fees paya- 40 ble under this section and the gross payroll payments to be made by 41 employers subject to assessment and shall compute the fees and a rate of 42 assessment which will yield revenues sufficient to finance the balance 43 of the commission's budget for each year as provided in subdivision two 44 of this section. The commission may hold in reserve an amount not to 45 exceed ten per cent of its total budgeted expenses for the year, which 46 reserve shall not be included as part of the budget. Such reserve shall 47 be held for the stabilization of annual assessments, the payment of 48 operating deficits and for the repayment of any advances made by the two 49 states. 50 5. The amount required to balance the commission's budget in excess of 51 the estimated yield of the maximum fees and assessment, shall be certi- 52 fied by the commission, with the approval of the respective governors, 53 to the legislatures of the two states, in proportion to the respective 54 totals of the assessments and fees paid to the commission by persons in 55 each of the two states. The legislatures shall annually appropriate to 56 the commission the amount so certified.S. 4456 183 1 6. The assessments and fees hereunder shall be in lieu of any other 2 charge for the issuance of licenses or permits by the commission pursu- 3 ant to this compact. 4 7. In addition to any other sanction provided by law, the commission 5 may revoke or suspend any license or permit held by any employer under 6 this compact and/or the license or permit held under this compact by any 7 employees of such employer, or the permit held under this compact by any 8 permittee who is self-employed, and in addition the commission may deny 9 ingress to such employers, employees or permittees to air freight secu- 10 rity areas, for nonpayment of any assessment or fee when due. 11 8. Every person subject to the payment of any assessment under this 12 compact shall file on or before the twentieth day of the first month of 13 each calendar quarter-year a separate return, together with the payment 14 of the assessment due, for the preceding calendar quarter-year during 15 which any payroll payments were made to licensed persons for whom 16 assessments are payable for work performed as such. Returns covering the 17 amount of assessment payable shall be filed with the commission on forms 18 to be furnished for such purpose and shall contain such data, informa- 19 tion or matter as the commission may require to be included therein. 20 The commission may grant a reasonable extension of time for filing 21 returns, or for payment of assessment, whenever good cause exists. 22 Every return shall have annexed thereto a certification to the effect 23 that the statements contained therein are true. 24 9. Every person subject to the payment of assessment hereunder shall 25 keep an accurate record of his employment of licensed persons for whom 26 assessments are payable, which shall show the amount of compensation 27 paid and such other information as the commission may require. Such 28 records shall be preserved for a period of three years and be open for 29 inspection at reasonable times. The commission may consent to the 30 destruction of any such records at any time after said period or may 31 require that they be kept longer but not in excess of six years. 32 10. (a) The commission shall audit and determine the amount of assess- 33 ment due from the return filed and such other information as is avail- 34 able to it. Whenever a deficiency in payment of the assessment is 35 determined the commission shall give notice of any such determination to 36 the person liable therefor. Such determination shall finally and 37 conclusively fix the amount due, unless the person against whom it is 38 assessed shall, within thirty days after the giving of notice of such 39 determination, apply in writing to the commission for a hearing, or 40 unless the commission on its own motion shall reduce the same. After 41 such hearing, the commission shall give notice of its decision to the 42 person liable therefor. A determination of the commission under this 43 subdivision shall be subject to judicial review, if application for such 44 review is made within thirty days after the giving of notice of such 45 decision. Any determination under this section shall be made within 46 five years from the time the return was filed and if no return was filed 47 such determination may be made at any time. 48 (b) Any notice authorized or required under this section may be given 49 by mailing the same to the person for whom it is intended at the last 50 address given by him to the commission, or in the last return filed by 51 him with the commission under this section, or if no return has been 52 filed then to such address as may be obtainable. The mailing of such 53 notice shall be presumptive evidence of the receipt of same by the 54 person to whom addressed. Any period of time, which is determined 55 according to the provision of this subdivision, for the giving of notice 56 shall commence to run from the date of mailing of such notice.S. 4456 184 1 11. Every person required to pay a fee for a license or a permit under 2 this section shall pay the same upon filing of the application with the 3 commission for such license or permit. The fee for such license or 4 permit shall be prorated for the fiscal year for which the same is paya- 5 ble as of the date the application for such license or permit is filed 6 with the commission. The commission shall prorate and make a refund of 7 such fee for the period between the date of application and the date of 8 the issuance of such license or permit. Upon surrender of such license 9 or permit or upon the revocation of any such license or permit issued to 10 an employee before the expiration of the fiscal year, the commission 11 shall make a refund prorated for the unexpired portion of the year, less 12 ten per cent of such refund. In the event of denial of any application 13 for a license or permit, the commission shall refund the fee paid upon 14 application, less ten per cent of such refund. 15 12. Whenever any person shall fail to pay, within the time limited 16 herein, any assessment or fee which he is required to pay to the commis- 17 sion under the provisions of this section the commission may enforce 18 payment of such assessment or fee by civil action for the amount of such 19 assessment or fee with interest and penalties. 20 13. The employment by a nonresident of a licensed person or permittee 21 for whom assessments or fees are payable in either state or the desig- 22 nation by a nonresident of a licensed person or permittee to perform 23 work in such state shall be deemed equivalent to an appointment by such 24 nonresident of the secretary of state of such state to be his true and 25 lawful attorney upon whom may be served the process in any action or 26 proceeding against him growing out of any liability for assessments or 27 fees, penalties or interest, and a consent that any such process against 28 him which is so served shall be of the same legal force and validity as 29 if served on him personally within such state and within the territorial 30 jurisdiction of the court from which the process issues. Service of 31 process within either state shall be made by either (1) personally 32 delivering to and leaving with the secretary of state or a deputy secre- 33 tary of state of such state duplicate copies thereof at the office of 34 the department of state in the capital city of such state, in which 35 event such secretary of state shall forthwith send by registered mail 36 one of such copies to the person at the last address designated by him 37 to the commission for any purpose under this section or in the last 38 return filed by him under this section with the commission or as shown 39 on the records of the commission, or if no return has been filed, at his 40 last known office address within or without such state, or (2) 41 personally delivering to and leaving with the secretary of state or a 42 deputy secretary of state of such state a copy thereof at the office of 43 the department of state in the capital city of such state and by deliv- 44 ering a copy thereof to the person, personally without such state. 45 Proof of such personal service without such state shall be filed with 46 the clerk of the court in which the process is pending within thirty 47 days after such service and such service shall be complete ten days 48 after proof thereof is filed. 49 14. Whenever the commission shall determine that any moneys received 50 as assessments or fees were paid in error, it may cause the same to be 51 refunded, provided an application therefor is filed with the commission 52 within two years from the time the erroneous payment was made. 53 15. In addition to any other powers authorized hereunder, the commis- 54 sion shall have power to make reasonable rules and regulations to effec- 55 tuate the purposes of this section.S. 4456 185 1 16. When any person shall wilfully fail to pay any assessment or fee 2 due hereunder he shall be assessed interest at a rate of one per cent 3 per month on the amount due and unpaid and penalties of five per cent of 4 the amount due for each thirty days or part thereof that the assessment 5 remains unpaid. The commission may, for good cause shown, abate all or 6 part of such penalty. 7 17. Any person who shall wilfully furnish false or fraudulent infor- 8 mation or shall wilfully fail to furnish pertinent information as 9 required, with respect to the amount of any assessment or fee due, shall 10 be guilty of a misdemeanor, punishable by a fine of not more than one 11 thousand dollars, or imprisonment for not more than one year, or both. 12 18. All funds of the commission shall be deposited with such responsi- 13 ble banks or trust companies as may be designated by the commission. 14 The commission may require that all such deposits be secured by obli- 15 gations of the United States or of the states of New York or New Jersey 16 of a market value equal at all times to the amount of the deposits, and 17 all banks and trust companies are authorized to give such security for 18 such deposits. The moneys so deposited shall be withdrawn only by check 19 signed by two members of the commission or by such other officers or 20 employees of the commission as it may from time to time designate. 21 19. The accounts, books and records of the commission, including its 22 receipts, disbursements, contracts, leases, investments and any other 23 matters relating to its financial standing shall be examined and audited 24 annually by independent auditors to be retained for such purpose by the 25 commission. 26 20. The commission shall reimburse each state for any funds advanced 27 to the commission exclusive of sums appropriated pursuant to subdivision 28 five of this section. 29 § 3310. General violations; prosecutions; penalties. 1. The failure 30 of any witness, when duly subpoenaed to attend, to give testimony or 31 produce other evidence in any investigation, interview or other proceed- 32 ing conducted by the commission pursuant to the provisions of this 33 compact, shall be punishable by the superior court in New Jersey and the 34 supreme court in New York in the same manner as said failure is punisha- 35 ble by such court in a case therein pending. 36 2. Any person who, having been duly sworn or affirmed as a witness in 37 any investigation, interview or other proceeding conducted by the 38 commission pursuant to the provisions of this compact, shall wilfully 39 give false testimony shall be guilty of a misdemeanor punishable by a 40 fine of not more than one thousand dollars or imprisonment for not more 41 than one year or both. 42 3. Any person who interferes with or impedes the orderly licensing of 43 or orderly granting of any permits to any other person pursuant to this 44 compact, or who attempts, conspires, or threatens so to do, shall be 45 guilty of a misdemeanor punishable by a fine of not more than one thou- 46 sand dollars or imprisonment for not more than one year or both. 47 4. 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 obtaining a 51 license or permit pursuant to this compact shall be guilty of a misde- 52 meanor punishable by a fine of not more than one thousand dollars or 53 imprisonment for not more than one year or both. 54 5. Any person who, without justification or excuse in law, directly or 55 indirectly, intimidates or inflicts any injury, damage, harm, loss or 56 economic reprisal upon any person who holds a license or permit issuedS. 4456 186 1 by the commission pursuant to this compact, or any other person, or 2 attempts, conspires or threatens so to do, in order to interfere with, 3 impede or influence such licensee or permittee in the performance or 4 discharge of his duties or obligations shall be guilty of a misdemeanor, 5 punishable by a fine of not more than one thousand dollars or imprison- 6 ment of not more than one year or both. 7 6. Any person who shall violate any of the provisions of this compact, 8 for which no other penalty is prescribed, shall be guilty of a misdemea- 9 nor, punishable by a fine of not more than one thousand dollars or by 10 imprisonment for not more than one year or both. 11 7. In any prosecution under this compact, it shall be sufficient to 12 prove only a single act (or a single holding out or attempt) prohibited 13 by law without having to prove a general course of conduct, in order to 14 prove a violation. 15 § 3311. Amendments; construction; short title. 1. Amendments and 16 supplements to this compact to implement the purposes thereof may be 17 adopted by the action of the legislature of either state concurred in by 18 the legislature of the other. 19 2. If any part or provision of this compact or the application there- 20 of to any person or circumstances be adjudged invalid by any court of 21 competent jurisdiction, such judgment shall be confined in its operation 22 to the part, provision or application directly involved in the contro- 23 versy in which such judgment shall have been rendered and shall not 24 affect or impair the validity of the remainder of this compact or the 25 application thereof to other persons or circumstances and the two states 26 hereby declare that they would have entered into this compact or the 27 remainder thereof had the invalidity of such provision or application 28 thereof been apparent. 29 3. In accordance with the ordinary rules for construction of inter- 30 state compacts this compact shall be liberally construed to eliminate 31 the evils described therein and to effectuate the purposes thereof. 32 4. This compact shall be known and may be cited as the "Airport 33 Commission Compact". 34 PART V 35 OFFICERS AND EMPLOYEES; 36 CIVIL PENALTIES AND ENFORCEMENT 37 3401. Prohibition against unions having officers, agents or 38 employees who have been convicted of certain crimes and 39 offenses. 40 3402. Prohibition against employer organizations having offi- 41 cers, agents or employees who have been convicted of 42 certain crimes and offenses. 43 3403. Exceptions to sections thirty-four hundred one and thir- 44 ty-four hundred two of this part for certain employees. 45 3404. Civil penalties. 46 3405. Civil enforcement. 47 3406. Exemption from arrest and service of process. 48 3407. Nonresident witnesses. 49 3408. Officers and employees. 50 3409. Penalties. 51 3410. Short title. 52 § 3401. Prohibition against unions having officers, agents or employ- 53 ees who have been convicted of certain crimes and offenses. No personS. 4456 187 1 shall solicit, collect or receive any dues, assessments, levies, fines 2 or contributions, or other charges within the state for or on behalf of 3 any labor organization which receives, directly or indirectly, twenty 4 per cent or more of its dues, assessments, levies, fines or contrib- 5 utions, or other charges from persons who hold licenses issued by the 6 commission pursuant to the airport commission compact, or for or on 7 behalf of a labor organization which derives its charter from a labor 8 organization which receives, directly or indirectly, twenty per cent or 9 more of its dues, assessments, levies, fines or contributions, or other 10 charges from persons who hold licenses issued by the commission pursuant 11 to the airport commission compact, if any officer, agent or employee of 12 such labor organization, or of a welfare fund or trust administered 13 partially or entirely by such labor organization or by trustees or other 14 persons designated by such labor organization, has been convicted by a 15 court of the United States, or any state or territory thereof, of a 16 felony, any misdemeanor involving moral turpitude or any crime or 17 offense enumerated in subdivision (a) of subdivision three of section 18 thirty-three hundred five of this article, unless he has been subse- 19 quently pardoned therefor by the governor or other appropriate authority 20 of the state or jurisdiction in which such conviction was had or has 21 received a certificate of good conduct or other relief from disabili- 22 ties arising from the fact of conviction from a board of parole or simi- 23 lar authority. No person so convicted shall serve as an officer, agent 24 or employee of such labor organization, welfare fund or trust unless 25 such person has been so pardoned or has received such a certificate of 26 good conduct. No person, including such labor organization, welfare 27 fund or trust, shall knowingly permit such convicted person to assume or 28 hold any office, agency or employment in violation of this section. 29 As used in this section, the term "labor organization" shall mean and 30 include any organization which exists and is constituted for the purpose 31 in whole or in part of collective bargaining, or of dealing with employ- 32 ers concerning grievances, terms and conditions of employment, or of 33 other mutual aid or protection; but it shall not include a federation 34 or congress of labor organizations organized on a national or interna- 35 tional basis even though one of its constituent labor organizations may 36 represent persons who hold licenses issued by the commission pursuant to 37 the airport commission compact. 38 § 3402. Prohibition against employer organizations having officers, 39 agents or employees who have been convicted of certain crimes and 40 offenses. No person shall solicit, collect or receive any dues, assess- 41 ments, levies, fines or contributions, or other charges within the state 42 for or on behalf of any organization of employers (whether incorporated 43 or not) twenty per cent or more of whose members have in their employ- 44 ment any employees who are members of a labor organization to which the 45 prohibition of section thirty-four hundred one of this part is applica- 46 ble, if any officer, agent or employee of such employer organization or 47 of a welfare fund or trust administered partially or entirely by such 48 employer organization or by trustees or other persons designated by such 49 employer organization, has been convicted by a court of the United 50 States, or any state or territory thereof, of a felony, any misdemeanor 51 involving moral turpitude or any crime or offense enumerated in para- 52 graph (a) of subdivision three of section thirty-three hundred five of 53 the compact established pursuant to part IV of this article, unless he 54 has been subsequently pardoned therefor by the governor or other appro- 55 priate authority of the state or jurisdiction in which such conviction 56 was had or has received a certificate of good conduct or other reliefS. 4456 188 1 from disabilities arising from the fact of conviction from a board of 2 parole or similar authority. No person so convicted shall serve as an 3 officer, agent or employee of such employer organization, welfare fund 4 or trust unless such person has been so pardoned or has received such a 5 certificate of good conduct. No person, including such employer organ- 6 ization, welfare fund or trust, shall knowingly permit such convicted 7 person to assume or hold any office, agency or employment in violation 8 of this section. 9 § 3403. Exceptions to sections thirty-four hundred one and thirty-four 10 hundred two of this part for certain employees. If upon application to 11 the commission by an employee who has been convicted of a crime or 12 offense specified in section thirty-four hundred one or section thirty- 13 four hundred two of this part the commission, in its discretion, deter- 14 mines in an order that it would not be contrary to the purposes and 15 objectives of the airport commission compact for such employee to work 16 in a particular employment otherwise prohibited by section thirty-four 17 hundred one or section thirty-four hundred two, the provisions of 18 section thirty-four hundred one or section thirty-four hundred two, as 19 the case may be, shall not apply to the particular employment of such 20 employee with respect to such conviction or convictions as are specified 21 in the commission's order. This section is applicable only to those 22 employees who for wages or salary perform manual, mechanical or physical 23 work of a routine or clerical nature at the premises of the labor organ- 24 ization, employer organization, welfare fund or trust by which they are 25 employed. 26 § 3404. Civil penalties. The commission may maintain a civil action 27 on behalf of the state against any person who violates or attempts or 28 conspires to violate any provision of this part or who fails, omits or 29 neglects to obey, observe or comply with any order or direction of the 30 commission issued under this part, to recover a judgment for a money 31 penalty not exceeding five hundred dollars for each and every offense. 32 Every violation of any such provision, order or direction shall be a 33 separate and distinct offense and, in case of a continuing violation, 34 every day's continuance shall be and be deemed to be a separate and 35 distinct offense. Any such action may be settled or discontinued on 36 application of the commission upon such terms as the court may approve 37 and a judgment may be rendered for an amount less than the amount 38 demanded in the complaint as justice may require. 39 § 3405. Civil enforcement. The commission may maintain a civil action 40 against any person to compel compliance with any of the provisions of 41 this compact or any order or direction of the commission issued under 42 this compact or to prevent violations, attempts or conspiracies to 43 violate any such provisions, or interference, attempts or conspiracies 44 to interfere with or impede the enforcement of any such provisions or 45 the exercise or performance of any power or duty thereunder, either by 46 mandamus, injunction or action or proceeding in lieu of prerogative 47 writ. 48 § 3406. Exemption from arrest and service of process. If a person in 49 obedience to a subpoena, issued pursuant to this part directing him to 50 attend and testify comes into either state party to this part from the 51 other state, he shall not, while in that state pursuant to such subpoe- 52 na, be subject to arrest or the service of process, civil or criminal, 53 in connection with matters which arose before his entrance into such 54 state under the subpoena. 55 § 3407. Nonresident witnesses. Any investigation, interview or other 56 proceeding conducted by the commission pursuant to the provisions ofS. 4456 189 1 this compact shall be deemed to be a civil action pending in the supreme 2 court in New York or in the superior court in New Jersey so as to permit 3 the commission to obtain disclosure, in accordance with the provisions 4 governing disclosure in such civil actions, from any person who may be 5 outside the states. 6 § 3408. Officers and employees. Any officer or employee in the state, 7 county or municipal civil service in either state who shall transfer to 8 service with the commission may be given one or more leaves of absence 9 without pay and may, before the expiration of such leave or leaves of 10 absence, and without further examination or qualification, return to his 11 former position or be certified by the appropriate civil service agency 12 for retransfer to a comparable position in such state, county, or munic- 13 ipal civil service if such a position is then available. 14 The commission may, by agreement with any federal agency from which 15 any officer or employee may transfer to service with the commission, 16 make similar provision for the retransfer of such officer or employee to 17 such federal agency. 18 Notwithstanding the provisions of any other law in either state, any 19 officer or employee in the state, county or municipal service in either 20 state who shall transfer to service with the commission and who is a 21 member of any existing state, county or municipal pension or retirement 22 system in New Jersey or New York, shall continue to have all rights, 23 privileges, obligations and status with respect to such fund, system or 24 systems as if he had continued in his state, county or municipal office 25 or employment, but during the period of his service as a member, officer 26 or employee of the commission, all contributions to any pension or 27 retirement fund or system to be paid by the employer on account of such 28 member, officer or employee, shall be paid by the commission. The 29 commission may, by agreement with the appropriate federal agency, make 30 similar provisions relating to continuance of retirement system member- 31 ship for any federal officer or employee so transferred. 32 § 3409. Penalties. Any person who shall violate any of the provisions 33 of this compact, for which no other penalty is prescribed, shall be 34 guilty of a misdemeanor, punishable by a fine of not more than one thou- 35 sand dollars or imprisonment for not more than one year or both. 36 § 3410. Short title. This part shall be known and may be cited as the 37 "Waterfront and airport commission act". 38 § 31. Chapter 28 of the consolidated laws constituting the interstate 39 authorities law created by section thirty of this act shall be deemed 40 for all purposes to be a continuation of the port authority of New York 41 and New Jersey as it was constituted immediately preceding the effective 42 date of this act and shall not be construed as a newly created authori- 43 ty. All unexpended balances of appropriations of monies heretobefore 44 made or allocated to the port authority of New York and New Jersey as 45 such authority was constituted immediately preceding the effective date 46 of this act, whether obligated or unobligated, are hereby transferred to 47 and made available to the port authority of New York and New Jersey as 48 created in section thirty of this act. All rules, regulations, orders, 49 determinations, and decisions of the port authority of New York and New 50 Jersey, as it was constituted immediately preceding the effective date 51 of this act, shall continue in full force and effect as rules, regu- 52 lations, orders, determinations and decisions of the port authority of 53 New York and New Jersey created by section thirty of this act. 54 § 32. Severability clause. If any clause, sentence, paragraph, subdi- 55 vision, section or part of this act shall be adjudged by any court of 56 competent jurisdiction to be invalid, such judgment shall not affect,S. 4456 190 1 impair, or invalidate the remainder thereof, but shall be confined in 2 its operation to the clause, sentence, paragraph, subdivision, section 3 or part thereof directly involved in the controversy in which such judg- 4 ment shall have been rendered. It is hereby declared to be the intent of 5 the legislature that this act would have been enacted even if such 6 invalid provisions had not been included herein. 7 § 33. This act shall take effect upon the enactment into law by the 8 state of New Jersey of legislation having an identical effect with this 9 act, but if the state of New Jersey shall have already enacted such 10 legislation this act shall take effect on the one hundred eightieth day 11 after it shall have become a law. Effective immediately, the addition, 12 amendment and/or repeal of any rule or regulation necessary for the 13 implementation of this act on its effective date are authorized to be 14 made and completed on or before such effective date. The chairman of the 15 port authority shall notify the legislative bill drafting commission 16 upon the enactment into law of such legislation by both such states in 17 order that the commission may maintain an accurate and timely effective 18 data base of the official text of the laws of the state of New York in 19 furtherance of effecting the provision of section 44 of the legislative 20 law and section 70-b of the public officers law. SUMMARY OF WATERFRONT COMMISSION ACT Chapter 882 of the laws of 1953, effective June 30, 1953, authorizes a Compact between the States of New Jersey and New York to improve water- front labor conditions in the port of New York District, establishes a bi-state commission to administer the plan, and provides that in the interim, until Congress grants its consent to the Compact, the two states may separately but cooperatively place the program in operation. The Interim Arrangement Since there may be some delay in procuring Congressional consent, the statute in each State provides for a single-state commission to perform within the State the functions of the bi-state commission until Congres- sional approval to the Compact is obtained. The bill is so drafted that the Commission will be able to function in each State from the time of enactment of the bill. Section 3 authorizes the Commissioners from each State to work in the closest possible cooperation with each other to effectuate the purposes of the Act. The State of New York will advance $400,000 to the Commission and the State of New Jersey, $200,000, to provide initial funds for the opera- tion of the Commission. The licensing, registration and employment center provisions of the bill do not become operative until December 1, 1953. The Compact The proposed Compact is set forth in the sixteen articles which make up Section 1 of the bill. Legislative Findings Article I contains legislative declarations and findings which reflect the conclusions set forth in the Report of the New York State Crime Commission on the port of New York Waterfront, the record of the publicS. 4456 191 hearings held thereon by Governor Thomas E. Dewey on June 8 and 9, 1953 and the companion report of the New Jersey Law Enforcement Council. In substance the findings are that the methods now used in the Port of New York District for hiring waterfront labor, and the conduct of the busi- ness of public loading and stevedoring are uneconomic, unjust and degrading insofar as the worker is concerned, foster waterfront crime and corruption, and adversely affect the economical and expeditious handling of port commerce. Accordingly, it is declared that the present practices of public loaders must be eliminated and that the occupations of stevedores, pier superintendents, hiring agents, pier watchmen and longshoreman must be regulated in the public interest. Basic Plan The plan to improve waterfront labor conditions has five basic features: 1. Licensing of pier superintendents and hiring agents,-only persons of good character (convicted criminals are barred for at least five years) will be licensed for these key positions. The license must be requested by the employer concerned, is good only for the duration of the employment and may be revoked for specified cause; 2. Licensing of stevedores and port watchmen; 3. The abolition of "public loading;" 4. Registration of longshoremen,-the right to register is absolute unless the person had been convicted of a crime (but this disqualifica- tion may be waived by the Commission) or is engaged in subversive activ- ity or unless his employment on the waterfront is clearly likely to endanger the public peace or safety. Longshoremen who are not attached to the waterfront labor market may be dropped from the register under specified conditions thus providing more and steadier work for and increasing the earning capacity of those who depend on this work for their livelihood; 5. Operation by the Commission of regionally located employment exchanges for registered longshoremen and licensed port watchmen, replacing the wasteful and inhuman "shape-up" method, providing informa- tion as to available employment and flexibility in obtaining such employment, but without interference with employer-employee freedom of selection or with provisions of collective bargaining agreements. The rights of licensees and registrants are carefully protected by procedural safeguards set forth in Article XI including hearings, court review and other requirements for the protection of the individual. The Waterfront Commission Article III creates the Waterfront Commission of New York Harbor. The commission consists of two members, one from each State appointed by the Governor with the consent of the Senate, to serve for a term of three years. It is contemplated that they may be compensated either on a full time or per diem basis dependent upon whether the office will be a poli- cy making one with administration delegated to an Executive Director or a full time executive assignment. Appropriate provision is made for the transfer of civil service employees to service with the Commission without loss of Civil Service or retirement privileges. The general powers of the Commission as set forth in Article IV are to make rules and regulations to carry out the statutory plan, to adminis-S. 4456 192 ter oaths and issue subpoenas, to have access to the waterfront in the performance of its duties, to investigate waterfront practices in the port district and to advise and consult with other public officers and with representatives of labor and industry on matters within its juris- diction, including problems involved in rule making, in the granting and denial of registrations and licenses and in the maintenance of the longshoremen's register. The Commission is required to report annually to the Governors and Legislatures of both States and to make recommenda- tions for the improvement of the conditions of waterfront labor within the port district. In order to insure that public regulation of waterfront labor prac- tices shall no unnecessarily continue once law and order has been restored to the waterfront, the Commission is expressly required to include in its Annual Report findings as to whether the public necessity still exists for continued registration of longshoremen, licensing of the other waterfront occupations and public operation of the employment information centers. Licensing of Pier Superintendents and Hiring Agents Article V requires that on and after December 1, 1953, any person who wishes to act as a pier superintendent or hiring agent for a shipping company or stevedore at a pier or other waterfront terminal within the port district must be licensed. Because pier superintendents and hiring agents are, or should be, key supervisory representatives of the employ- er for whose acts the employer should be held responsible, the applica- tion for these licenses is to be made by the prospective employer. A person is disqualified for either of theses licenses if he has been convicted of a felony or high misdemeanor or of the following violations of law which, while less serious in themselves, make him a bad risk for waterfront employment:-illegally using, carrying or possessing a danger- ous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry; aiding an escape from prison; unlawfully possessing or distributing narcotic drugs and previous violation of the Compact. However, if a person so disqualified submits satisfactory evidence of good conduct for at least five years, the Commission may waive this statutory disability. Additional grounds for disqualification for a license as a pier super- intendent or hiring agent include subversive activities by the applicant or a finding that he is not a person of good character or integrity. The term of a pier superintendent's or hiring agent's license is tied to his employment by the employer-applicant. However, it may be revoked or suspended or he may be reprimanded for the following specified caus- es:-violation of the Compact; conviction of a crime or other cause which would have been disqualifying originally; consorting with criminals for an unlawful purpose; fraud in securing the license or while acting ther- eunder; addition to or trafficking in narcotic drugs; violation of the Compact; bribing public officers or anyone else to violate their duties under the Compact; unwarranted giving of his license to someone else; impersonation of another licensee; accepting a bribe in connection with his work; coercion of longshoremen; lending money to or borrowing money from a longshoreman for a fee. Pier superintendents and hiring agents are ineligible for membership in any union which represent longshoremen. StevedoresS. 4456 193 Article VI requires that on and after December 1, 1953 all stevedores in the port district must be licensed. The license application must fully disclose the real parties in interest. A license will be granted if the Commission is satisfied as to the good character and integrity of the real parties in interest and if the applicant is a bona fide steve- dore, that is to say that he has, or will, if licensed, have a contract with a shipping company to load and unload the company's ships at a pier in this port. Prior conviction of the same serious crimes which disqualify pier superintendents and hiring agents also disqualify a stevedore. The Commission is authorized to waive this disqualification upon a showing of at least five years' good conduct. Additional grounds for disquali- fication in the case of stevedores are prescribed to accord with the Crime Commission's specific findings of abuses and evils now prevalent in this industry. These include payments made for an improper or unlaw- ful purpose and are designed to reach the payment of bribes to a shipper to obtain a stevedoring contract or to a union representative to betray his trust. Public Loading Article VII sets forth the States' policy against "public loading" and reviews the compelling policy reasons for abolition of the public loader system. Under the bill loading service will be performed in the port of New York as it is in every other major American port-by water carriers; operators of piers and other waterfront terminals at their own facili- ties; railroads, truckers, and other carriers in connection with freight being carried by them; shippers or consignees in connection with their own freight; and licensed stevedores, in the regular course of business, and through their own employees. Longshoremen A longshoremen's register is to be established by the Commission by December 1, 1953. Article VIII sets forth the provisions with respect to the registration of longshoremen. There is no fee for registration and no special qualifications are prescribed. The applicant must provide his name, address, social securi- ty number and such further facts as may be needed to establish his iden- tity and criminal record, if any. Conviction of certain serious crimes or engaging in subversive activ- ities is made basis for disqualification. The Commission, however, may waive the disqualification in a proper case and it may register a long- shoreman even though he has previously been convicted of a crime. In the light of the Crime Commission's disclosures of the activities of known waterfront gangsters who have so far escaped being convicted of crime, provision has been inserted to permit the Commission to deny registration as a longshoreman to a person "whose presence on the piers or other waterfront terminals in the port of New York district is found by the Commission, on the basis of the facts and evidence before it, to constitute a danger to the public peace or safety." A longshoreman may be removed or suspended from the register only for specified cause. In such case he is entitled to a hearing before the Commission, Counsel, his own witnesses, and court review. The causes specified are similar to those specified for removal of hiring agentsS. 4456 194 and wilful acts involving physical injury to a person or damage to or misappropriation of property at a waterfront terminal. Article IX contains the provisions designed to permit purging the longshoremen's register periodically of drifters and floaters who, although they are not bona fide longshoremen, have been permitted under the present system to take work away from longshoremen who depend on it for their livelihood. For each six month period, and in advance, the Commission will estab- lish the minimum number of days a man must work or offer himself for work as a longshoreman in order to stay on the register. A person fail- ing so to qualify will be dropped on ten days' notice and cannot again be registered for one year unless he can show that his absence was occa- sioned by military service, sickness or other good cause. Port Watchmen Port watchmen will be licensed pursuant to Article X. Applicants must not only possess qualifications similar to those prescribed for pier superintendents, but must also meet reasonable standards of physical and mental fitness. Since these port watchmen are security officers, prior criminal convictions is an absolute bar to a license. Because of the nature of their duties, port watchmen are not permitted to belong to the same union as longshoremen or pier superintendents or hiring agents. The term of the port watchmen's license is three years and is not tied to a particular employment. The grounds for revocation or suspension are basically the same as those for pier superintendents and hiring agents. Hearings and Court Review Article XI safeguards the rights of licensees and registrants by prescribing procedures for Commission hearings and assuring court review of Commission determinations. A registered longshoreman or any licensee must be given notice of any charges made against him and is entitled to a hearing at which he may have counsel and cross examine witnesses and the licensee or longshoreman can require the Commission to subpoena witnesses requested by him. At least ten days advance notice of such a hearing must be provided. The refusal to register a longshoreman or issue a license cannot be effective until after opportunity has been afforded for such hearing and any Commission determination affecting the right to work is subject to court review. The reviewing court is granted power to stay the Commis- sion's action for thirty days. No provision is incorporated in the bill which makes refusal to testify or refusal to answer questions, without other cause, grounds for refusing or rescinding a license or registra- tion. Employment Information Centers Article XII authorizes the Commission to establish employment informa- tion centers throughout the port district to replace the "shape-up". All hiring of longshoremen and port watchmen will be through these publicly operated centers. The employer would have freedom of choice in the selection of employees at such centers but there would be no interfer- ence with normal and proper hiring practices, including the gang or unit system, or procedures established under collective bargaining agreements not inconsistent with the requirements of the Compact. The CommissionS. 4456 195 will establish a system of records and communication with employers and workers designed to provide the maximum possible information as to available employment for longshoremen. The Commission is empowered to obtain any Federal assistance that may be available under the Wagner- Peyser Act for the operation of the employment centers. Expenses of Administration Article XIII and other sections of the act adopt the principle of charging the cost of administration upon the basis of service received. The Commission will prepare an annual budget of estimated expenses and assess the cost, over federal or other contributions, against the employers of the registered and licensed waterfront employees in propor- tion to their gross annual payments to such employees. The rate of assessment may not be more than two percent of the payroll payments. Expenses of the Commission, in excess of amounts produced by two percent payroll assessment will be met by the two States, proportionately, out of general revenues. Until the Commission is jointly established by the two States, or July 1, 1954, whichever is earlier, the rate will be one and one-half percent in each State. The budget of the Commission may be reduced or modified by the Gover- nor of each State. In addition, the Commission may establish procedures to enable employers to protest budget estimates and computations of the rate of assessment. It is felt that the savings to employers and consignees which may be obtained through a reduction in pilferage, the elimination of "phantom" employees from the payroll and other exactions and levies on commerce will greatly exceed the cost of administration of the waterfront commis- sion program. Violations Article XIV concerns general violations of the Compact and prose- cutions and penalties therefor. Contempt is made punishable in accord- ance with normal judicial process. Wilful, false statements under oath are constituted as perjury and other violations of the Compact or attempts or conspiracies to violate it are made punishable as is inter- ference with the orderly registration of longshoremen. The statute also prohibits loitering on the waterfront without satis- factory explanation. The language for this section is taken from compa- rable provisions of law which presently apply to subways, railroads, air and bus terminals. Section 8 prohibits the collection of funds for waterfront labor unions having officers or agents who are convicted felons unless they have been subsequently pardoned or have received in the State of New York a certificate of good conduct. Collective Bargaining Safeguarded There is nothing in the statute which is designed or can reasonably be construed to interfere in any way with the right of the waterfront industry to select its own employees, or with the right of industry and labor to bargain collectively and agree on any method for the selection of longshoremen and port watchmen by way of seniority, experience, regu- lar gangs or otherwise in conformity with the license, registration and employment information center provisions of the statute. Because of theS. 4456 196 apparent misunderstanding of this point reflected at the public hear- ings, express declaration to this effect has been included as Article XV in the Compact. Similarly, to obviate any misunderstanding, Article XV includes an express statement that the statute is not designed and shall not be construed to limit labor's rights.
