| CORRECTIVE REPRINT |
| PRIOR PRINTER'S NO. 104 | PRINTER'S NO. 2357 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WILLIAMS, RAFFERTY, M. WHITE, FARNESE AND BOSCOLA, JANUARY 12, 2011 |
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| REFERRED TO TRANSPORTATION, JANUARY 12, 2011 |
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| A SUPPLEMENT |
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1 | To the act of June 12,1931 (P.L.575, No.200), entitled "An act |
2 | providing for joint action by Pennsylvania and New Jersey in |
3 | the development of the ports on the lower Delaware River, and |
4 | the improvement of the facilities for transportation across |
5 | the river; authorizing the Governor, for these purposes, to |
6 | enter into an agreement with New Jersey; creating The |
7 | Delaware River Joint Commission and specifying the powers and |
8 | duties thereof, including the power to finance projects by |
9 | the issuance of revenue bonds; transferring to the new |
10 | commission all the powers of the Delaware River Bridge Joint |
11 | Commission; and making an appropriation," further providing |
12 | for the appointment of commissioners; providing for |
13 | prohibited activity for commissioners, officers and |
14 | directors; and further providing for the powers and duties of |
15 | the commission and for definitions. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. The Governor is authorized to enter into a |
19 | supplemental compact or agreement, on behalf of the |
20 | Commonwealth, with the State of New Jersey, further amending and |
21 | supplementing the compact or agreement between the Commonwealth |
22 | and the State of New Jersey entitled "Agreement between the |
23 | Commonwealth of Pennsylvania and the State of New Jersey |
24 | creating The Delaware River Joint Commission as a body corporate |
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1 | and politic and defining its powers and duties," which was |
2 | executed on behalf of the Commonwealth of Pennsylvania by its |
3 | Governor on July first, one thousand nine hundred and thirty- |
4 | one, and on behalf of the State of New Jersey by the New Jersey |
5 | Interstate Bridge Commission by its members on July first, one |
6 | thousand nine hundred and thirty-one, and which was consented to |
7 | by the Congress of the United States by Public Resolution Number |
8 | twenty-six, being chapter two hundred fifty-eight of the Public |
9 | Laws, Seventy-second Congress, approved June fourteenth, one |
10 | thousand nine hundred and thirty-two, which supplemental compact |
11 | and agreement shall be in substantially the following form: |
12 | Supplemental agreement between the Commonwealth of |
13 | Pennsylvania and the State of New Jersey further amending and |
14 | supplementing the agreement entitled "Agreement between the |
15 | Commonwealth of Pennsylvania and the State of New Jersey |
16 | creating The Delaware River Joint Commission as a body corporate |
17 | and politic and defining its powers and duties," further |
18 | providing for the appointment of commissioners; providing for |
19 | prohibited activity for commissioners, officers and directors; |
20 | and further providing for the powers and duties of the |
21 | commission. |
22 | The Commonwealth of Pennsylvania and the State of New Jersey |
23 | do solemnly covenant and agree, each with the other, that the |
24 | compact or agreement entitled "Agreement between the |
25 | Commonwealth of Pennsylvania and the State of New Jersey |
26 | creating The Delaware River Joint Commission as a body corporate |
27 | and politic and defining its powers and duties," which was |
28 | executed on behalf of the Commonwealth of Pennsylvania by its |
29 | Governor on July first, one thousand nine hundred and thirty- |
30 | one, and on behalf of the State of New Jersey by the New Jersey |
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1 | Interstate Bridge Commission by its members on July first, one |
2 | thousand nine hundred and thirty-one, and which was consented to |
3 | by the Congress of the United States by Public Resolution Number |
4 | twenty-six, being chapter two hundred fifty-eight of the Public |
5 | Laws, Seventy-second Congress, approved June fourteenth, one |
6 | thousand nine hundred and thirty-two, be amended as follows: |
7 | That Articles II, IV and XIII of the compact, as amended |
8 | April 3, 1992 (P.L.57, No.19), be amended to read: |
9 | ARTICLE II |
10 | The commission shall consist of sixteen commissioners, eight |
11 | resident voters of the Commonwealth of Pennsylvania, and eight |
12 | resident voters of the State of New Jersey, who shall serve |
13 | without compensation. |
14 | The commissioners for the State of New Jersey shall be |
15 | appointed by the Governor of New Jersey with the advice and |
16 | consent of the Senate of New Jersey, for terms of five years, |
17 | and in case of a vacancy occurring in the office of commissioner |
18 | during a recess of the Legislature, it may be filled by the |
19 | Governor by an ad interim appointment, which shall expire at the |
20 | end of the next regular session of the Senate unless a successor |
21 | shall be sooner appointed and qualify and, after the end of the |
22 | session, no ad interim appointment to the same vacancy shall be |
23 | made unless the Governor shall have submitted to the Senate a |
24 | nomination to the office during the session and the Senate shall |
25 | have adjourned without confirming or rejecting it; and no person |
26 | nominated for any such vacancy shall be eligible for an ad |
27 | interim appointment to such office if the nomination shall have |
28 | failed of confirmation by the Senate. |
29 | Six of the eight commissioners for the Commonwealth of |
30 | Pennsylvania shall be appointed by the Governor of Pennsylvania |
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1 | by and with the advice and consent of two-thirds of the members |
2 | elected to the Senate for terms of five years. The Auditor |
3 | General and the State Treasurer of said Commonwealth shall, ex- |
4 | officio, be commissioners for said Commonwealth, each having the |
5 | privilege of appointing a representative to serve in his place |
6 | at any meeting of the commission which he does not attend |
7 | personally. |
8 | [Any commissioner who is an elected public official shall |
9 | have the privilege of appointing a representative to serve and |
10 | act in his place at any meeting of the commission which he does |
11 | not attend personally.] |
12 | Except for ex-officio commissioners of the Commonwealth of |
13 | Pennsylvania, no person shall be appointed commissioner if he is |
14 | a public official or party officer in the Commonwealth of |
15 | Pennsylvania or the State of New Jersey or a political |
16 | subdivision thereof. |
17 | All commissioners shall continue to hold office after the |
18 | expiration of the terms for which they are appointed or elected |
19 | until their respective successors are appointed and qualify, but |
20 | no period during which any commissioner shall hold over shall be |
21 | deemed to be an extension of his term of office for the purpose |
22 | of computing the date on which his successor's term expires. |
23 | Commissioners representing the Commonwealth of Pennsylvania |
24 | shall be required to file an annual statement of financial |
25 | interest in accordance with 65 Pa.C.S. Ch. 11 (relating to |
26 | ethics standards and financial disclosure). Commissioners |
27 | representing the State of New Jersey shall be required to file |
28 | an annual financial disclosure statement in accordance with |
29 | Executive Order 24, issued April 27, 2010, and any subsequent |
30 | amendment thereto or successor Executive Order. |
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1 | Except for an ex-officio commissioner, no commissioner, |
2 | officer or director shall campaign for public office, hold an |
3 | office in any political committee, solicit contributions to a |
4 | political campaign, political party, political committee or |
5 | candidate, publicly endorse a candidate or actively participate |
6 | in a political campaign. |
7 | No commissioner, officer or director shall appear before the |
8 | commission in a proceeding or participate in any other activity |
9 | before the commission for a period of two years from the |
10 | termination of term of office or termination of employment with |
11 | the commission. |
12 | No commissioner, officer or director shall accept employment |
13 | with or be retained by a vendor or independent contractor of the |
14 | commission for a period of two years following termination of |
15 | the term of office or termination of employment with the |
16 | commission. |
17 | No commissioner, officer or director shall engage in conduct |
18 | that constitutes a conflict of interest. |
19 | A commissioner, officer or director shall disclose and recuse |
20 | himself from a matter in which his objectivity, impartiality, |
21 | integrity or independence of judgment may be reasonably |
22 | questioned due to his relationship or association with a party |
23 | connected to the matter or a person appearing before the |
24 | commission. |
25 | No commissioner, officer or director shall have an adverse |
26 | interest in a contract with the commission. |
27 | No commissioner, officer or director shall, directly or |
28 | indirectly, represent another person upon a matter pending |
29 | before or involving the commission. |
30 | No commissioner, officer or director or his spouse or child |
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1 | or a business in which the commissioner or his spouse or child |
2 | is associated shall enter into a contract with the commission or |
3 | a subcontract with a person who has been awarded a contract with |
4 | the commission unless the contract has been awarded through an |
5 | open and public process, including prior public notice and |
6 | subsequent public disclosure of all proposals considered and |
7 | contracts awarded. In this case, the commissioner, officer or |
8 | director shall not have supervisory or overall responsibility |
9 | for the implementation or administration of the contract. A |
10 | contract or subcontract made in violation of this paragraph |
11 | shall be voidable by a court of competent jurisdiction if the |
12 | suit is commenced within ninety days of the making of the |
13 | contract or subcontract. |
14 | No commissioner, officer, director or employee shall solicit, |
15 | request, suggest or recommend the employment by the commission |
16 | of a relative. |
17 | No commissioner, officer, director, employee or an immediate |
18 | family member may accept a discount, gift, gratuity, |
19 | compensation, travel, lodging or other thing of value, directly |
20 | or indirectly, from a vendor or independent contractor of the |
21 | commission. |
22 | No commissioner, officer or director or other employee shall |
23 | hold an office or position or be engaged in an activity which is |
24 | incompatible with the position or employment. |
25 | No commissioner, officer or director shall be paid or receive |
26 | a fee or other compensation for activity related to the duties |
27 | or authority of the commission other than salary and expenses |
28 | provided by law. |
29 | No commissioner, officer, director or employee shall use his |
30 | official authority or influence for the purpose of interfering |
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1 | with or affecting the result of an election. |
2 | No officer, director or employee may engage in political |
3 | activity while on duty for the commission. Employees are |
4 | permitted to engage in political activities on their own time, |
5 | as volunteers or for pay. |
6 | No commissioner, officer, director or employee may use |
7 | commission resources to engage in political activity at any |
8 | time. |
9 | No commissioner, officer, director or employee acting on a |
10 | commissioner, officer or director's behalf, and no employee in a |
11 | supervisory position may require an employee to perform any |
12 | political activity while on duty or on the employee's own time |
13 | as a condition of employment. An employee who agrees or offers |
14 | to participate in any political activity on his own time may not |
15 | do so in consideration of receiving any additional commission |
16 | compensation or employee benefit in the form of a salary |
17 | adjustment, bonus, compensatory time off, continued employment |
18 | or any other similar benefit. An employee who declines to |
19 | participate in a political activity shall not be sanctioned for |
20 | that refusal. |
21 | No commissioner, officer, director, employee acting on a |
22 | commissioner, officer or director's behalf, and no employee in a |
23 | supervisory position may require an employee to make a campaign |
24 | contribution as a condition of employment. An employee who |
25 | agrees to, offers to make or makes a campaign contribution may |
26 | not do so in consideration of receiving any additional |
27 | commission compensation or employee benefit in the form of a |
28 | salary adjustment, bonus, compensatory time off, continued |
29 | employment or any other similar benefit. An employee who |
30 | declines to make a campaign contribution shall not be sanctioned |
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1 | for that refusal. |
2 | ARTICLE IV |
3 | For the effectuation of its authorized purposes, the |
4 | commission is hereby granted the following powers: |
5 | (a) To have perpetual succession; |
6 | (b) To sue and be sued; |
7 | (c) To adopt and use an official seal; |
8 | (d) To elect a chairman, vice-chairman, secretary and |
9 | treasurer, and to adopt suitable by-laws for the management of |
10 | its affairs. The secretary and treasurer need not be members of |
11 | the commission. |
12 | (e) To appoint, hire or employ counsel and such other |
13 | officers, and such agents and employes, as it may require for |
14 | the performance of its duties, by contract or otherwise, and fix |
15 | and determine their qualifications, duties and compensation; |
16 | (f) To enter into contracts; |
17 | (g) To acquire, own, hire, use, operate and dispose of |
18 | personal property; |
19 | (h) To acquire, own, use, lease, operate, mortgage and |
20 | dispose of real property and interests in real property, and to |
21 | make improvements thereon; |
22 | (h.1) At its option, it may authorize the Department of |
23 | Property and Supplies to prescribe standards and specifications |
24 | and make contracts and purchases of various materials and |
25 | services for the commission, pursuant to the provisions of |
26 | sections 2403, 2403.1 and 2409 of the act of April 9, 1929 |
27 | (P.L.177), known as "The Administrative Code of 1929." |
28 | (i) To grant by franchise, lease or otherwise, the use of |
29 | any property or facility owned or controlled by the commission |
30 | and to make charges therefor; |
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1 | (j) To borrow money upon its bonds or other obligations, |
2 | either with or without security, and to make, enter into and |
3 | perform any and all such covenants and agreements with the |
4 | holders of such bonds or other obligations as the commission may |
5 | determine to be necessary or desirable for the security and |
6 | payment thereof, including, without limitation of the foregoing, |
7 | covenants and agreements as to the management and operation of |
8 | any property or facility owned or controlled by it, the tolls, |
9 | rents, rates or other charges to be established, levied, made |
10 | and collected for any use of any such property or facility, or |
11 | the application, use and disposition of the proceeds of any |
12 | bonds or other obligations of the commission, or the proceeds of |
13 | any such tolls, rents, rates or other charges or any other |
14 | revenues or moneys of the commission; |
15 | (k) To exercise the right of eminent domain within the Port |
16 | District; |
17 | (l) To determine the exact location, system and character |
18 | of, and all other matters in connection with, any and all |
19 | improvements or facilities which it may be authorized to own, |
20 | construct, establish, effectuate, operate or control; |
21 | (m) In addition to the foregoing, to exercise the powers, |
22 | duties, authority and jurisdiction heretofore conferred and |
23 | imposed upon the aforesaid The Delaware River Joint Commission |
24 | by the Commonwealth of Pennsylvania or the State of New Jersey, |
25 | or both of the said two States; |
26 | (n) To exercise all other powers, not inconsistent with the |
27 | constitutions of the two States or of the United States, which |
28 | may be reasonably necessary or incidental to the effectuation of |
29 | its authorized purposes or to the exercise of any of the |
30 | foregoing powers, except the power to levy taxes or assessments; |
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1 | and generally to exercise, in connection with its property and |
2 | affairs and in connection with property within its control, any |
3 | and all powers which might be exercised by a natural person or a |
4 | private corporation in connection with similar property and |
5 | affairs; |
6 | (o) To acquire, purchase, construct, lease, operate, |
7 | maintain and undertake any project, including any terminal, |
8 | terminal facility, transportation facility, or any other |
9 | facility of commerce, and to make charges for the use thereof; |
10 | (p) To make expenditures anywhere in the United States and |
11 | foreign countries, to pay commissions, and hire or contract with |
12 | experts or consultants, and otherwise to do indirectly anything |
13 | which the commission may do directly. |
14 | (q) To establish one or more operating divisions as deemed |
15 | necessary to exercise the power and effectuate the purposes of |
16 | this agreement. |
17 | In addition to the powers granted above, the commission |
18 | shall: |
19 | (a) Be subject to the act of February 14, 2008 (P.L.6, |
20 | No.3), known as the "Right-to-Know Law" and the New Jersey Open |
21 | Public Records Act (P.L.2001, c.404, N.J.S. 47:1A-1 et seq.). In |
22 | the event the two statutes conflict, the commission shall comply |
23 | with the provisions of the act that is more strict. |
24 | (b) Be subject to the provisions of 65 Pa.C.S. Ch. 7 |
25 | (relating to open meetings) and the New Jersey Open Public |
26 | Meetings Act (P.L.1975, c.231, N.J.S. 10:4-6 et seg.). In the |
27 | event the two statutes conflict, the commission shall comply |
28 | with the provisions of the act that is more strict. |
29 | (c) Be subject to and cooperate with a financial or |
30 | performance audit conducted by the Auditor General of the |
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1 | Commonwealth of Pennsylvania or the Comptroller of the State of |
2 | New Jersey at such times as the Auditor General or Comptroller |
3 | deem appropriate. |
4 | (d) Be prohibited from providing a vehicle allowance to a |
5 | commissioner, officer, director or employee of the commission. |
6 | (e) Be prohibited from offering complimentary bridge |
7 | crossings or train usage to a current or former commissioner, |
8 | director, officer or employee. Nothing in this subsection shall |
9 | prohibit the commission from providing complimentary bridge |
10 | crossings or train usage to directors, officers or employees |
11 | while on duty for travel related to the individual's official |
12 | duties with the commission. |
13 | (f) Post, within forty-five days after the end of each month |
14 | on its publicly accessible Internet website, a list of the |
15 | itemized expenses of commissioners, officers, directors and |
16 | employees of the commission submitted during the month for |
17 | reimbursement by the commission. The list shall identify the |
18 | nature and amount of the expense as well as the individual |
19 | seeking reimbursement. By October 1 of each year, a final report |
20 | of the expenses for the preceding fiscal year shall be posted on |
21 | the commission's publicly accessible Internet website. |
22 | Information posted on the Internet under this subdivision shall |
23 | be subject to the "Right-to-Know Law" and the New Jersey Open |
24 | Public Records Act. |
25 | (g) Be prohibited from entering into a contract with an |
26 | entity that employs or is associated with a commissioner unless |
27 | the contract is awarded through a sealed competitive bidding |
28 | process and the entity is the lowest responsive and responsible |
29 | bidder. |
30 | The commission shall also have such additional powers as may |
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1 | hereafter be delegated to or imposed upon it from time to time |
2 | by the action of either State concurred in by legislation of the |
3 | other. |
4 | It is the policy and intent of the Legislatures of the |
5 | Commonwealth of Pennsylvania and the State of New Jersey that |
6 | the powers granted by this Article shall be so exercised that |
7 | the American system of free competitive private enterprise is |
8 | given full consideration and is maintained and furthered. In |
9 | making its reports and recommendations to the Legislatures of |
10 | the Commonwealth of Pennsylvania and the State of New Jersey on |
11 | the need for any facility or project which the commission |
12 | believes should be undertaken for the promotion and development |
13 | of the Port District, the commission shall include therein its |
14 | findings which fully set forth that the facility or facilities |
15 | operated by private enterprise within the Port District and |
16 | which it is intended shall be supplanted or added to are not |
17 | adequate. |
18 | ARTICLE XIII |
19 | As used herein, unless a different meaning clearly appears |
20 | from the context: |
21 | "Port District" shall mean all the territory within the |
22 | counties of Bucks, Chester, Delaware, Montgomery and |
23 | Philadelphia in Pennsylvania, and all the territory within the |
24 | counties of Atlantic, Burlington, Camden, Cape May, Cumberland, |
25 | Glouster, Ocean and Salem in New Jersey. |
26 | "Commission" shall mean The Delaware River Port Authority |
27 | and, when required by the context, the board constituting the |
28 | governing body thereof in charge of its property and affairs. |
29 | "Commissioner" shall mean a member of the governing body of |
30 | The Delaware River Port Authority. |
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1 | "Economic development activity" or "economic development" |
2 | shall mean any structure of facility or any development within |
3 | the Port District in connection with manufacturing, port- |
4 | oriented development, foreign trade zone site development or |
5 | research, commercial, industrial or recreational purposes, or |
6 | for purposes of warehousing or consumer and supporting services |
7 | directly relating to any of the foregoing or to any authority |
8 | project or facility which are required for the sound economic |
9 | development of the Port District. |
10 | "Terminal" shall include any marine, motor truck, motorbus, |
11 | railroad and air terminal or garage, also any coal, grain and |
12 | lumber terminal and any union freight and other terminals used |
13 | or to be used in connection with the transportation of |
14 | passengers and freight, and equipment, materials and supplies |
15 | therefor. |
16 | "Transportation facility" and "facilities for transportation |
17 | of passengers" shall include railroads operated by steam, |
18 | electricity or other power, rapid transit lines, motor trucks, |
19 | motorbuses, tunnels, bridges, airports, boats, ferries, |
20 | carfloats, lighters, tugs, floating elevators, barges, scows, or |
21 | harbor craft of any kind, and aircraft, and equipment, materials |
22 | and supplies therefor. |
23 | "Terminal facility" shall include wharves, piers, slips, |
24 | berths, ferries, docks, drydocks, ship repair yards, bulkheads, |
25 | dock walls, basins, carfloats, floatbridges, dredging equipment, |
26 | radio receiving and sending stations, grain or other storage |
27 | elevators, warehouses, cold storage, tracks, yards, sheds, |
28 | switches, connections, overhead appliances, bunker coal, oil and |
29 | fresh water stations, markets, and every kind of terminal, |
30 | storage or supply facility now in use, or hereafter designed for |
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1 | use to facilitate passenger transportation and for the handling, |
2 | storage, loading or unloading of freight at terminals, and |
3 | equipment, materials and supplies therefor. |
4 | "Transportation of passengers" and "passenger transportation" |
5 | shall mean the transportation of passengers by railroad or other |
6 | facilities. |
7 | "Rapid transit system" shall mean a transit system for the |
8 | transportation of passengers, express, mail and baggage by |
9 | railroad or other facilities, and equipment, materials and |
10 | supplies therefor. |
11 | "Project" shall mean any improvement, betterment, facility or |
12 | structure authorized by or pursuant to this compact or agreement |
13 | to be constructed, erected, acquired, owned or controlled or |
14 | otherwise undertaken by the commission. "Project" shall not |
15 | include undertakings for purposes described in Article I, |
16 | subdivisions (d), (e), (g), (h) and (i). |
17 | "Railroad" shall include railways, extensions thereof, |
18 | tunnels, subways, bridges, elevated structures, tracks, poles, |
19 | wires, conduits, powerhouses, substations, lines for the |
20 | transmission of power, carbarns, shops, yards, sidings, |
21 | turnouts, switches, stations and approaches thereto, cars and |
22 | motive equipment. |
23 | "Bridge" and "tunnel" shall include such approach highways |
24 | and interests in real property necessary therefor in the |
25 | Commonwealth of Pennsylvania or the State of New Jersey as may |
26 | be determined by the commission to be necessary to facilitate |
27 | the flow of traffic in the vicinity of a bridge or tunnel or to |
28 | connect a bridge or tunnel with the highway system or other |
29 | traffic facilities in said Commonwealth or said State: Provided, |
30 | however, That the power and authority herein granted to the |
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1 | commission to construct new or additional approach highways |
2 | shall not be exercised unless and until the Department of |
3 | Transportation of the Commonwealth of Pennsylvania shall have |
4 | filed with the commission its written approval as to approach |
5 | highways to be located in said Commonwealth and the State |
6 | Highway Department of the State of New Jersey shall have filed |
7 | with the commission its written approval as to approach highways |
8 | to be located in said State. |
9 | "Facility" shall include all works, buildings, structures, |
10 | property, appliances, and equipment, together with appurtenances |
11 | necessary and convenient for the proper construction, equipment, |
12 | maintenance and operation of a facility or facilities or any one |
13 | or more of them. |
14 | "Personal property" shall include choses in action and all |
15 | other property now commonly, or legally, defined as personal |
16 | property, or which may hereafter be so defined. |
17 | "Lease" shall include rent or hire. |
18 | "Municipality" shall include a county, city, borough, |
19 | village, township, town, public agency, public authority or |
20 | political subdivision. |
21 | "Commission resources" shall mean commission-owned or |
22 | commission-leased equipment including telephones, computer |
23 | hardware or software, copiers, scanners, fax machines, file |
24 | cabinets or other office furniture, cell phones, personal |
25 | digital assistants or similar electronic devices and office |
26 | supplies. |
27 | "Conflict" or "conflict of interest" shall mean use by a |
28 | commissioner, officer or director of the authority of his office |
29 | or any confidential information received through his holding of |
30 | the office or position for the private pecuniary benefit of |
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1 | himself, a member of his immediate family or a business with |
2 | which he or a member of his immediate family is associated. The |
3 | term does not include an action having a de minimis economic |
4 | impact or which affects to the same degree a class consisting of |
5 | the general public or a subclass consisting of an industry, |
6 | occupation or other group which includes the commissioner, |
7 | officer or director, a member of his immediate family or a |
8 | business with which he or a member of his immediate family is |
9 | associated. |
10 | "Contract" means a contract or arrangement for the |
11 | acquisition, use or disposal by the commission of services or of |
12 | supplies, materials, equipment, land or other personal or real |
13 | property. The term shall not mean an agreement between the |
14 | commission as one party and an advisor, consultant or employee |
15 | as the other party, concerning his expense, reimbursement, fee, |
16 | salary, wage, retirement benefit, tenure or other matters |
17 | touching his personal service to the commission. |
18 | "Have an adverse interest" shall mean being party to a |
19 | contract or being a stockholder, partner, member, agent, |
20 | representative or employee of such party. |
21 | "Party officer" shall include a member of a national |
22 | committee; a chairman, vice chairman, secretary, treasurer or |
23 | counsel of a State committee or member of the executive |
24 | committee of a State committee; a county chairman, vice |
25 | chairman, counsel, secretary or treasurer of a county committee; |
26 | or a city chairman, vice chairman, counsel, secretary or |
27 | treasurer of a city committee. |
28 | "Political activity" shall mean an activity on behalf of a |
29 | political party, candidate, political committee or campaign, |
30 | which is intended to advance the interests of a specific party, |
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1 | candidate, political committee or campaign for elective office, |
2 | including any of the following: |
3 | (a) Organizing a campaign meeting, campaign rally or other |
4 | campaign event, including a fundraiser where campaign |
5 | contributions are solicited or received. |
6 | (b) Preparing or completing responses to candidate |
7 | questionnaires that are intended solely for campaign use. |
8 | (c) Preparing a campaign finance report. |
9 | (d) Conducting background research on a candidate. |
10 | (e) Preparing or conducting a campaign poll. |
11 | (f) Preparing, circulating or filing a candidate nominating |
12 | petition or papers. |
13 | (g) Participating in, preparing, reviewing or filing a legal |
14 | challenge to a nominating petition. |
15 | (h) Preparing, distributing or mailing any campaign |
16 | literature, campaign signs or other campaign material, including |
17 | television and radio ads, website construction, e-mails, |
18 | facsimiles and robocalls, on behalf of any candidate for |
19 | elective office. |
20 | (i) Managing a campaign for elective office. |
21 | (j) Participating in, preparing, reviewing or filing any |
22 | documents in any recount, challenge or contest of any election. |
23 | (k) Posting campaign-related information on a website, |
24 | including social media websites. |
25 | (l) Soliciting or receiving campaign contributions in a |
26 | commission office, on commission property or with commission |
27 | resources. |
28 | (m) Using commission resources to create, store or maintain |
29 | any mailing list that identifies the listed individuals as |
30 | campaign volunteers or contributors to any candidate, political |
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1 | party, political committee, campaign or campaign committee. |
2 | (n) Developing a list for the purpose of monitoring or |
3 | tracking campaign activity or campaign contributions of any |
4 | commission employee. |
5 | The term shall not include: |
6 | (a) Registering and voting in any election. |
7 | (b) Expressing an opinion as an individual privately and |
8 | publicly on political subjects and candidates. |
9 | (c) Displaying a political picture, sticker, badge or button |
10 | when not on duty and at locations other than the workplace and |
11 | commission property. |
12 | (d) Participating in the nonpartisan activities of a civic, |
13 | community, social, labor or professional organization or of a |
14 | similar organization. |
15 | (e) Being a member of a political party or other political |
16 | organization or club and participating in its activities to the |
17 | extent consistent with this compact. |
18 | (f) Attending a political convention, rally, fundraising |
19 | function or other political gathering. |
20 | (g) Signing a political petition as an individual. |
21 | (h) Making a financial contribution to a political party or |
22 | organization. |
23 | (i) Being politically active in connection with a question |
24 | which is not specifically identified with a political party, |
25 | such as a constitutional amendment, referendum, approval of a |
26 | municipal ordinance or any other question or issue of a similar |
27 | character. |
28 | (j) Otherwise participating fully in public affairs, except |
29 | as prohibited by law, in a manner which does not materially |
30 | compromise efficiency or integrity as an employee or the |
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1 | efficiency or integrity of the commission. |
2 | "Public official" shall include the following: |
3 | (a) The Governor and Lieutenant Governor of the Commonwealth |
4 | of Pennsylvania or the State of New Jersey, a member of either |
5 | Governor's cabinet and the Attorney General of the Commonwealth |
6 | of Pennsylvania. |
7 | (b) A member of the Senate or House of Representatives of |
8 | the Commonwealth of Pennsylvania or a member of the Senate or |
9 | Assembly of the State of New Jersey. |
10 | (c) An individual elected or appointed to any office of a |
11 | municipality in the Commonwealth of Pennsylvania or the State of |
12 | New Jersey. |
13 | "Relative" shall mean spouse, parent, parent-in-law, child, |
14 | brother, sister, aunt, uncle, niece, nephew, grandparent, |
15 | grandchild, son-in-law, daughter-in-law, stepparent, stepchild, |
16 | step siblings, half siblings, whether related by blood, marriage |
17 | or adoption, significant other or any person residing within the |
18 | same household of a commissioner, officer or employee. |
19 | "Officer" shall include the chief executive officer, deputy |
20 | chief executive officer, corporate secretary, treasurer, chief |
21 | public safety officer or police chief, chief financial officer, |
22 | chief administrative officer, chief operating officer, the Port |
23 | Authority Transit Corporation general manager and assistant |
24 | general manager, general counsel or any similar position created |
25 | by the commission. |
26 | "Director" shall include the engineering director, bridge |
27 | directors, director of the Port of Philadelphia and Camden, |
28 | director of risk management and safety, director of human |
29 | resource services, director of information services, finance |
30 | director of Port Authority Transit Corporation, director of |
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1 | revenue, director of finance, director of emergency management |
2 | and homeland security or any similar position created by the |
3 | commission. |
4 | "Employee" shall include all persons employed by the |
5 | commission other than officers and directors. |
6 | Words importing the singular number include the plural number |
7 | and vice versa. |
8 | Wherever legislation or action by the Legislature of either |
9 | signatory State is herein referred to, it shall mean an act of |
10 | the Legislature duly adopted in accordance with the provisions |
11 | of the Constitution of such State." |
12 | Section 2. This act shall take effect in 60 days. |
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