senate Bill S6478

Amended

Repeals chapters relating to Port Authority; Constitutes chapter 40-A of the consolidated laws as Port Authority of New York and New Jersey

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 30 / May / 2014
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 30 / May / 2014
    • PRINT NUMBER 6478A
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1258
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Constitutes chapter 40-A of the consolidated laws as the Port Authority of New York and New Jersey; 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.

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Bill Details

Versions:
S6478
S6478A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Rpld Various Chapters; add Chap 40-A, Consolidated Law, Port Authority of New York and New Jersey

Sponsor Memo

BILL NUMBER:S6478

TITLE OF BILL: 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; and to repeal chapter 882 of
the laws of 1953 relating to waterfront employment and air freight
industry regulation; and relating to constituting chapter 40-A of the
consolidated laws, in relation to the port authority of New York and
New Jersey

SUMMARY OF PROVISIONS:

Section 1 repeals Chapter 154 of the Laws of 1921.

Section 2 repeals Chapter 43 of the Laws of 1922.

Section 3 repeals Chapter 47 of the Laws of 1931.

Section 4 repeals Chapter 882 of the Laws of 1953.

Section 5 adds chapter 40-A to the consolidated Laws to read the port
Authority of New York and New Jersey

Article I encompasses the provisions of Chapter 154 of the Laws of
1921

Article II encompasses the provisions of Chapter 43 of the Laws of
1922

Article III encompasses the provisions of Chapter 47 of the Laws of
1931

Article IV encompasses the provisions of Chapter 882 of the Laws of
1953.

Section 6 provides that Chapter 40-A of the consolidated laws shall
for all purposes be a continuation of the Port Authority of New York
and New Jersey as it was constituted immediately preceding, the
effective date of this act.

Section 7 relates to severability.

Section 8 effective date.

PURPOSE AND JUSTIFICATION: This bill consolidates in a new Chapter of
the Consolidated Laws, Chapter 40-A Port Authority of New York and New
Jersey, the four unconsolidated laws that control the Port Authority.
The Port Authority is an important economic driver of our State's
economy, yet it is a daunting task to find the laws that control its
operation, tucked away in the unconsolidated laws, for anyone not
familiar with the Authority.

As a matter of transparency and open government, these laws should be
readily accessible to anyone who is interested. This bill will allow
anyone with questions regarding the Port Authority to quickly go to


the appropriate Chapter. No substantive changes are made or intended
to made by this bill, it simply moves the existing unconsolidated laws
into their own consolidated chapter.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: this act shall take effect upon the enactment into law
by the State of New Jersey of legislation having an identical effect
with this act, but if the State of New Jersey shall have already
enacted such legislation this act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6478

                            I N  S E N A T E

                            January 29, 2014
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to repeal chapter 154 of the laws of 1921 relating  to  the  port
  authority of New York and New Jersey; to repeal chapter 43 of the laws
  1922  relating  to  the development of the port of New York; to repeal
  chapter 47 of the laws of 1931 relating to bridges and tunnels in  New
  York  and  New  Jersey;  and to repeal chapter 882 of the laws of 1953
  relating to waterfront employment and air freight industry regulation;
  and relating to constituting chapter 40-A of the consolidated laws, in
  relation to the port authority of New York and New Jersey

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Chapter 154 of the laws of 1921, constituting the Port of
New York Authority, is REPEALED.
  S 2. Chapter 43 of the laws of 1922 relating to the development of the
port of New York is REPEALED.
  S 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
New York and New Jersey is REPEALED.
  S 4. Chapter 882 of the laws of 1953 relating to waterfront employment
and air freight industry regulation is REPEALED.
  S 5. Chapter 40-A of  the  consolidated  laws  is  added  to  read  as
follows:
                  CHAPTER 40-A OF THE CONSOLIDATED LAWS
                PORT AUTHORITY OF NEW YORK AND NEW JERSEY
                                ARTICLE I
                           GENERAL PROVISIONS
Section 101. Short title.
        102. Legislative intent.
        103. Explanation of order of provisions.
        104. Definitions.
        105. Port authority of New York and New Jersey.
        106. Port of New York district.
        107. Commissioners.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13647-02-4

S. 6478                             2

        108. Power of the port authority.
        109. Public meetings.
        110. Minutes of public meetings.
        111. Jurisdiction.
        112. Powers of municipalities to develop or improve.
        113. Comprehensive development.
        114. Recommendations.
        115. Expense of operations.
        116. Notice of claim.
        117. Regulations.
  S  101.  Short  title. This chapter shall be known and may be cited as
the "port authority of New York and New Jersey act".
  S 102. Legislative intent.   William R. Willcox,  Eugenius  H.  Outer-
bridge  and Murray Hulbert, or any two of them, commissioners heretofore
appointed under chapter four hundred and twenty-six of the laws of nine-
teen hundred and seventeen of the state of New York, together  with  the
attorney-general  of  the  state  of  New York, are hereby authorized as
commissioners upon the part of the state of New York to enter into, with
the state of New Jersey, by and through the commissioners  appointed  or
who  may  be appointed under or by virtue of a law of the legislature of
the state of New Jersey, an agreement or compact in the form  following,
that is to say:
  Whereas,  In  the  year eighteen hundred and thirty-four the states of
New York and New Jersey did enter into an agreement fixing and determin-
ing the rights and obligations of the two states in and about the waters
between the two states, especially in and about the bay of New York  and
the Hudson river; and
  Whereas,  Since  that  time  the  commerce of the port of New York has
greatly developed and increased and the territory in and around the port
has become commercially one center or district; and
  Whereas, It is confidently believed that a better co-ordination of the
terminal, transportation and other facilities of commerce in, about  and
through the port of New York, will result in great economies, benefiting
the nation, as well as the states of New York and New Jersey; and
  Whereas,  The  future development of such terminal, transportation and
other facilities of commerce will require the expenditure of large  sums
of  money and the cordial co-operation of the states of New York and New
Jersey in the encouragement of the investment of  capital,  and  in  the
formulation and execution of the necessary physical plans; and
  Whereas, Such result can best be accomplished through the co-operation
of the two states by and through a joint or common agency.
  Now,  therefore, the said states of New Jersey and New York do supple-
ment and amend the existing agreement of eighteen  hundred  and  thirty-
four in the following respects.
  They  agree to and pledge, each to the other, faithful co-operation in
the future planning and development of the port of New York, holding  in
high  trust  for  the  benefit  of  the nation the special blessings and
natural advantages thereof.
  S 103. Explanation of order of provisions. In this port  authority  of
New  York  and  New  Jersey  act,  the  provisions  have been divided in
descending order of application, with illustrations, as follows:
  Article I
  Section 101
  Subdivision 1.
  Paragraph (a)
  Subparagraph (1)

S. 6478                             3

  Item (i)
  Clause A.
  Subitem (I)
  S  104.  Definitions.    The  following terms shall have the following
meanings unless otherwise provided:
  1. "Board" means the board of commissioners of the port  authority  of
New York and New Jersey.
  2. "Consent, approval or recommendation of municipality" means wherev-
er  the  consent,  approval  or  recommendation  of  a "municipality" is
required, the word "municipality" shall be taken to include any city  or
incorporated  village  within  the port district, and in addition in the
state of New Jersey any borough,  town,  township  or  any  municipality
governed by an improvement commission within the district. Such consent,
approval  or recommendation whenever required in the case of the city of
New York shall be deemed to have been given or made whenever  the  board
of  estimate  and  apportionment  of  said  city  or  any body hereafter
succeeding to its duties shall by a  majority  vote  pass  a  resolution
expressing  such consent, approval or recommendation; and in the case of
any municipality now or hereafter governed by a commission, whenever the
commission thereof shall by majority vote pass such a resolution; and in
all other cases whenever the body authorized to grant consent to the use
of the streets or highways of such municipality shall by a majority vote
pass such a resolution.
  3. "Facility" shall include all works, buildings,  structures,  appli-
ances   and  appurtenances  necessary  and  convenient  for  the  proper
construction, equipment, maintenance and operation of such  facility  or
facilities or any one or more of them.
  4. "To lease" shall include to rent or to hire.
  5.  "Meeting"  means  any  gathering, whether corporeal or by means of
communication equipment, which is attended by, or open  to,  the  board,
held  with  the  intent,  on  the  part of the board members present, to
discuss or act as a unit  upon  the  specific  public  business  of  the
authority. "Meeting" does not mean a gathering (a) attended by less than
an  effective  majority  of the board, or (b) attended by or open to all
the members of three or more similar public bodies at  a  convention  or
similar gathering.
  6.  "Personal  property"  shall include choses in action and all other
property now commonly or legally defined as personal property  or  which
may hereafter be so defined.
  7.  "Public  business" means matters which relate in any way, directly
or indirectly, to the performance of the functions of the port authority
of New York and New Jersey or the conduct of its business.
  8. "Railroads" shall include railways,  extensions  thereof,  tunnels,
subways,  bridges,  elevated structures, tracks, poles, wires, conduits,
power houses, substations, lines for the  transmission  of  power,  car-
barns,   shops,   yards,  sidings,  turn-outs,  switches,  stations  and
approaches thereto, cars and motive equipment.
  9. "Real property" shall include land under water, as well as uplands,
and all property either now commonly or legally defined as real property
or which may hereafter be so defined.
  10. "Rule or regulation", until and unless otherwise determined by the
legislatures of both states, shall  mean  any  rule  or  regulation  not
inconsistent  with  the  constitution  of the United States or of either
state, and, subject to the exercise of the power of  congress,  for  the
improvement  of  the  conduct  of  navigation  and  commerce  within the
district, and shall include charges, rates, rentals or  tolls  fixed  or

S. 6478                             4

established  by  the  port  authority; and until otherwise determined as
aforesaid, shall  not  include  matters  relating  to  harbor  or  river
pollution.  Wherever action by the legislature of either state is herein
referred  to,  it  shall  mean an act of the legislature duly adopted in
accordance with the provisions of this chapter.
  11. "Transportation facility" shall include railroads, steam or  elec-
tric, motor truck or other street or highway vehicles, tunnels, bridges,
boats,  ferries, car-floats, lighters, tugs, floating elevators, barges,
scows or harbor craft  of  any  kind,  air  craft  suitable  for  harbor
service,  and  every kind of transportation facility now in use or here-
after designed for use for the transportation or carriage of persons  or
property.
  12.  "Terminal facility" shall include wharves, piers, slips, ferries,
docks, dry docks,  bulkheads,  dock-walls,  basins,  car-floats,  float-
bridges,  grain  or  other  storage elevators, warehouses, cold storage,
tracks, yards, sheds, switches, connections,  overhead  appliances,  and
every  kind  of  terminal  or  storage  facility now in use or hereafter
designed for use for the handling,  storage,  loading  or  unloading  of
freight at steamship, railroad or freight terminals.
  S  105.  Port  authority  of New York and New Jersey.  There is hereby
continued "the port authority of New York and New Jersey" ("port author-
ity"), which shall be a body corporate and politic,  having  the  powers
and  jurisdiction  hereinafter enumerated, and such other and additional
powers as shall be conferred upon it by the legislature of either  state
concurred  in  by  the  legislature  of  the other, or by act or acts of
congress, as hereinafter provided.
  S 106. Port of New York district.  To that end the two states do agree
that there shall be created and they do hereby create a district  to  be
known  as  the  "port  of New York district" (hereinafter referred to as
"the district") which shall embrace the territory bounded and  described
as follows:
  The district is included within the boundary lines located by connect-
ing  points of known latitude and longitude. The approximate courses and
distances of the  lines  enclosing  the  district  are  recited  in  the
description, but the district is determined by drawing lines through the
points  of known latitude and longitude. Beginning at a point A of lati-
tude forty-one degrees and four minutes  north  and  longitude  seventy-
three  degrees and fifty-six minutes west, said point being about sixty-
five-hundredths of a mile west of the westerly bank of the Hudson  river
and  about two and one-tenth miles northwest of the pier at Piermont, in
the county of Rockland, state of New York;  thence  due  south  one  and
fifteen-hundredths miles more or less to a point B of latitude forty-one
degrees  and three minutes north and longitude seventy-three degrees and
fifty-six minutes west; said point  being  about  one  and  three-tenths
miles  northwest  of  the  pier  at Piermont, in the county of Rockland,
state of New  York;  thence  south  fifty-six  degrees  and  thirty-four
minutes west six and twenty-six-hundredths miles more or less to a point
C  of  latitude  forty-one  degrees  and  no minutes north and longitude
seventy-four degrees and  two  minutes  west,  said  point  being  about
seven-tenths of a mile north of the railroad station at Westwood, in the
county  of Bergen, state of New Jersey; thence south sixty-eight degrees
and twenty-four minutes west nine and thirty-seven-hundredths miles more
or less to a point D of latitude forty degrees and  fifty-seven  minutes
north  and  longitude seventy-four degrees and twelve minutes west, said
point being about three miles northwest of the business  center  of  the
city  of Paterson, in the county of Passaic, state of New Jersey; thence

S. 6478                             5

south forty-seven degrees and seventeen minutes west eleven and  eighty-
seven-hundredths  miles  more  or  less  to  a point E of latitude forty
degrees and fifty minutes north and longitude seventy-four  degrees  and
twenty-two  minutes  west,  said  point being about four and five-tenths
miles west of the borough of Caldwell, in the county of Morris, state of
New Jersey; thence due south nine and twenty-hundredths  miles  more  or
less  to a point F of latitude forty degrees and forty-two minutes north
and longitude seventy-four degrees and  twenty-two  minutes  west,  said
point  being  about  one and two-tenths miles southwest of the passenger
station of the Delaware, Lackawanna and Western railroad in the city  of
Summit,  in  the  county  of  Union,  state  of New Jersey; thence south
forty-two degrees and twenty-four minutes west, seven and seventy-eight-
hundredths miles more or less to a point G of latitude forty degrees and
thirty-seven minutes north and longitude seventy-four degrees and  twen-
ty-eight  minutes  west, said point being about two and two-tenths miles
west of the business center of the city of Plainfield, in the county  of
Somerset,  state  of New Jersey; thence due south twelve and sixty-five-
hundredths miles more or less on a line passing about one mile  west  of
the  business  center of the city of New Brunswick to a point H of lati-
tude forty degrees and twenty-six minutes north and  longitude  seventy-
four  degrees and twenty-eight minutes west, said point being about four
and five-tenths miles southwest of the city of  New  Brunswick,  in  the
county  of  Middlesex,  state  of New Jersey; thence south seventy-seven
degrees and forty-two minutes east ten and seventy-nine-hundredths miles
more or less to a point I of  latitude  forty  degrees  and  twenty-four
minutes  north  and  longitude  seventy-four degrees and sixteen minutes
west, said point being about two miles southwest of the borough of Mata-
wan, in the county of Middlesex, state of New Jersey;  thence  due  east
twenty-five  and forty-eight-hundredths miles more or less, crossing the
county of Monmouth, state of New Jersey, and passing about one and four-
tenths miles south of the pier of the Central Railroad of New Jersey  at
Atlantic  Highlands  to  a point J of latitude forty degrees and twenty-
four minutes north and longitude seventy-three degrees  and  forty-seven
minutes west, said point being in the Atlantic ocean; thence north elev-
en  degrees  fifty-eight  minutes east twenty-one and sixteen-hundredths
miles more or less to a point K, said point being about five miles  east
of  the  passenger  station  of  the Long Island railroad at Jamaica and
about one and three-tenths miles east of the boundary line of  the  city
of  New  York,  in  the county of Nassau, state of New York; thence in a
northeasterly direction passing about one-half mile  west  of  New  Hyde
Park  and  about  one and one-tenth miles east of the shore of Manhasset
bay at Port Washington, crossing Long Island sound to a  point  L,  said
point  being  the point of intersection of the boundary line between the
states of New York and Connecticut and  the  meridian  of  seventy-three
degrees,  thirty-nine  minutes  and  thirty seconds west longitude, said
point being also about a mile northeast of the village of Port  Chester;
thence  northwesterly  along the boundary line between the states of New
York and Connecticut to a point M, said point being the point of  inter-
section  between  said  boundary line between the states of New York and
Connecticut and the parallel of forty-one degrees and four minutes north
latitude, said point also being about four and five-tenths miles  north-
east of the business center of the city of White Plains; thence due west
along  said  parallel, of forty-one degrees and four minutes north lati-
tude, the line passing about two and one-half miles north of  the  busi-
ness center of the city of White Plains and crossing the Hudson river to
the point A, the place of beginning.

S. 6478                             6

  The  boundaries  of  said district may be changed from time to time by
the action of the legislature of either state concurred in by the legis-
lature of the other.
  S  107. Commissioners.   1. The port authority shall consist of twelve
commissioners, six resident voters from the state of New York, at  least
four  of  whom shall be resident voters of the city of New York, and six
resident voters from the state of New Jersey,  at  least  four  of  whom
shall  be resident voters within the New Jersey portion of the district,
the New York members to be chosen by the state of New York and  the  New
Jersey  members  by  the  state  of New Jersey in the manner and for the
terms fixed and determined from time to time by the legislature of  each
state  respectively, except as herein provided. Each commissioner may be
removed or suspended from office as provided by the  law  of  the  state
from which he or she shall be appointed.
  2. The commissioners shall, for the purpose of doing business, consti-
tute a board and may adopt suitable by-laws for its management.
  3. The port authority shall elect a chair, vice-chair, and may appoint
such officers and employees as it may require for the performance of its
duties, and shall fix and determine their qualifications and duties.
  4. If by death, resignation or otherwise, a vacancy occurs among those
appointed  hereunder  by  the  state of New York, the governor is hereby
authorized to fill the same.
  5. The commissioners appointed from the state of  New  York,  together
with  the  commissioners  appointed  from the state of New Jersey, shall
have power to apply to the congress of the United States for its consent
and approval of the agreement or compact signed  by  them;  but  in  the
absence  of  such consent of congress and until the same shall have been
secured, the said agreement or compact shall be binding upon  the  state
of  New  York in all respects permitted by law for the two states of New
York and New Jersey without the consent of congress to  co-operate,  for
the  purposes enumerated in said agreement or compact, and in the manner
provided herein.
  S 108. Power of the port authority.    1.  The  port  authority  shall
constitute  a  body,  both  corporate  and  politic, with full power and
authority to purchase, construct, lease and/or operate any  terminal  or
transportation  facility  within  said district; and to make charges for
the use thereof: and for any of such purposes to own, hold, lease and/or
operate real or personal property, to borrow money and secure  the  same
by  bonds or by mortgages upon any property held or to be held by it. No
property now or hereafter vested in or held by either state, or  by  any
county, city, borough, village, township or other municipality, shall be
taken  by  the  port authority, without the authority or consent of such
state, county, city, borough, village, township or  other  municipality,
nor  shall  anything  herein  impair or invalidate in any way any bonded
indebtedness of such state, county, city, borough, village, township  or
other  municipality,  nor  impair  the  provisions of law regulating the
payment into sinking funds of revenues derived from municipal  property,
or  dedicating  the  revenues  derived  from any municipal property to a
specific purpose.
  2. The powers granted in this article shall not be  exercised  by  the
port authority until the legislatures of both states shall have approved
of  a  comprehensive plan for the development of the port as hereinafter
provided.
  3. The port authority shall have such additional powers and duties  as
may  hereafter  be  delegated to or imposed upon it from time to time by
the action of the legislature of either state concurred in by the legis-

S. 6478                             7

lature of the other. Unless and until otherwise provided, it shall  make
an  annual  report  to  the legislature of both states, setting forth in
detail the operations and transactions conducted by it pursuant to  this
agreement  and  any legislation thereunder. The port authority shall not
pledge the credit of either state except by and with  the  authority  of
the legislature thereof.
  S  109.  Public meetings.   1. The legislature finds and declares that
the right of the public to be present at meetings of the port  authority
of  New York and New Jersey, and to witness in full detail all phases of
the deliberation, policy formulation, and decision making of the author-
ity, is vital to the enhancement and proper functioning of the democrat-
ic process, and that secrecy in public affairs undermines the  faith  of
the  public  in  government and the public's effectiveness in fulfilling
its role in a democratic society; and declares it to be the public poli-
cy of this state to insure the right of its citizens  to  have  adequate
advance  notice of and the right to attend all meetings of the authority
at which any business affecting the public is discussed or acted upon in
any way except only in those circumstances where  otherwise  the  public
interest  would be clearly endangered or the personal privacy of guaran-
teed rights of individuals would be clearly  in  danger  of  unwarranted
invasion.
  2.  The  board  shall adopt and promulgate appropriate rules and regu-
lations concerning the right of the public to be present at meetings  of
the  authority.  The  board may incorporate in its rules and regulations
conditions under which it may exclude the public from  a  meeting  or  a
portion thereof.
  3.  Any  rules or regulations adopted hereunder shall become a part of
the minutes of the port authority of New York and New Jersey  and  shall
be  subject to the approval of the governor of New Jersey and the gover-
nor of New York.
  4. Unless and until otherwise determined by the action of the legisla-
tures of the two states, no action of the port authority shall be  bind-
ing  unless  taken  at  a meeting at which at least three of the members
from each state are present, and unless a majority of the  members  from
each  state  present  at such meeting but in any event at least three of
the members from each state, shall vote in  favor  thereof.  Each  state
reserves the right to provide by law for the exercise of a veto power by
the governor thereof over any action of any commissioner appointed ther-
efrom.
  S  110.  Minutes of public meetings.  1. The port authority shall file
with the temporary president and minority leader of the senate  and  the
speaker  and minority leader of the assembly, the chairman of the assem-
bly ways and means committee and the  chairman  of  the  senate  finance
committee  of  the  state of New York and the president, minority leader
and secretary of the senate and the speaker, minority leader  and  clerk
of the general assembly of the state of New Jersey a copy of the minutes
of  any  action  taken at any public meeting of the port authority. Such
filing shall be made on the same day such minutes are transmitted to the
governor of each state for review; and notice of such  filing  shall  be
provided  to  the  governor  of  each state at the same time. Failure to
effectuate any such filing shall not impair the ability of the authority
to act pursuant to a resolution of its  board.  Such  filing  shall  not
apply  to any minutes required to be filed pursuant to section twenty of
chapter six hundred fifty-one of the laws of nineteen  hundred  seventy-
eight.

S. 6478                             8

  2.  The  temporary  president  and  minority leader of the senate, the
speaker and minority leader of the assembly, the chairman of the  assem-
bly  ways  and  means  committee  and the chairman of the senate finance
committee of the state of New York and the speaker and  minority  leader
of the general assembly and the president and the minority leader of the
senate of the state of New Jersey, or representatives designated by them
in writing for this purpose, may by certificate filed with the secretary
of  the  port  authority  waive  the  foregoing  filing requirement with
respect to any specific minutes.
  S 111. Jurisdiction.  Unless and until otherwise  provided,  all  laws
now  or  hereafter vesting jurisdiction or control in the public service
commission, or the public utilities commission,  or  like  body,  within
each state respectively, shall apply to railroads and to any transporta-
tion,  terminal or other facility owned, operated, leased or constructed
by the port authority, with the same force and effect as if  such  rail-
road,  or transportation, terminal or other facility were owned, leased,
operated or constructed by a private corporation.
  S 112. Powers of  municipalities  to  develop  or  improve.    Nothing
contained  in this agreement shall impair the powers of any municipality
to develop or improve port and terminal facilities.
  S 113. Comprehensive development.   1. The  legislatures  of  the  two
states, prior to the signing of this agreement, or thereafter as soon as
may  be  practicable,  will  adopt a plan or plans for the comprehensive
development of the port of New York.
  2. The port authority shall from time  to  time  make  plans  for  the
development  of the port of New York district, supplementary to or amen-
datory of any plan theretofore adopted, and when  such  plans  are  duly
approved  by  the  legislatures of the two states, they shall be binding
upon both states with the same force and effect as  if  incorporated  in
this act.
  3.  The port authority may petition any interstate commerce commission
(or like body), commissioner of transportation, public utilities commis-
sion (or like body), or any other federal,  municipal,  state  or  local
authority,  administrative, judicial or legislative, having jurisdiction
in the premises,  after  the  adoption  of  the  comprehensive  plan  as
provided  for  in  subdivision one of this section, for the adoption and
execution of any physical improvement, change in method, rate of  trans-
portation,  system of handling freight, warehousing, docking, lightering
or transfer of freight, which, in the opinion of the port authority, may
be designed to improve or better the handling of commerce in and through
the port of New York district, or improve  terminal  and  transportation
facilities  therein.  It  may  intervene in any proceeding affecting the
commerce of the port.
  S 114. Recommendations.  The port authority may from time to time make
recommendations to the legislatures of the two states or to the congress
of the United States, based upon study  and  analysis,  for  the  better
conduct of the commerce passing in and through the port of New York, the
increase and improvement of transportation and terminal facilities ther-
ein, and the more economical and expeditious handling of such commerce.
  S  115.  Expense of operations.  1. Unless and until the revenues from
operations conducted by the port authority  are  adequate  to  meet  all
expenditures,  the  legislatures of the two states shall appropriate, in
equal amounts, annually, for the salaries, office and other  administra-
tive  expenses,  such  sum  or  sums as shall be recommended by the port
authority and approved by the governors of  the  two  states,  but  each

S. 6478                             9

state obligates itself hereunder only to the extent of one hundred thou-
sand dollars in any one year.
  2. Unless and until otherwise determined by the action of the legisla-
tures  of  the  two states, the port authority shall not incur any obli-
gations for salaries, office or other  administrative  expenses,  within
the  provisions  of subdivision one of this section, prior to the making
of appropriations adequate to meet the same.
  S 116. Notice of claim.  Notwithstanding any other provision of law to
the contrary, every action against the authority for damages or injuries
to real or personal property, or for the  destruction  thereof,  or  for
personal  injuries  or  wrongful  death  shall not be commenced unless a
notice of claim shall have been served on the authority  in  the  manner
provided  for in the state where the action is commenced, and in compli-
ance with the pertinent statutes of  the  state  relating  generally  to
actions  commenced  against  that  state  and in compliance with all the
requirements of the laws of that state. Where such state's  law  permits
service  upon  a  department  of  that state in lieu of service upon the
public entity, service may be made pursuant to such law.  Except  in  an
action  for wrongful death against such an entity, an action for damages
or for injuries to real or personal property,  or  for  the  destruction
thereof, or for personal injuries, alleged to have been sustained, shall
not  be  commenced more than one year and ninety days after the cause of
action therefor shall have accrued or within the time  period  otherwise
prescribed  by  any special provision of law of that state, whichever is
longer.
  S 117. Regulations.  1. The port authority  is  hereby  authorized  to
make  suitable rules and regulations not inconsistent with the constitu-
tion of the United States or of either state, and subject to  the  exer-
cise  of  the  power  of congress, for the improvement of the conduct of
navigation and commerce, which, when concurred in or authorized  by  the
legislatures  of  both  states,  shall be binding and effective upon all
persons and corporations affected thereby.
  2. The two states shall provide penalties for violations of any order,
rule or regulation of the port authority, and for the manner of  enforc-
ing the same.
                               ARTICLE II
                   DEVELOPMENT OF THE PORT OF NEW YORK
Section 201. Development of the port of New York.
        202. Investigations.
        203. Hearings.
        204. Orders.
        205. Terminal stations.
        206. Preference.
  S  201.  Development of the port of New York.  1. Pursuant to subdivi-
sion two of section one hundred eight of this chapter the  following  be
and  is  hereby adopted as the comprehensive plan for the development of
the port of New York:
  (a) That terminal operations within  the  port  district,  so  far  as
economically practicable, should be unified;
  (b)  That there should be consolidation of shipments at proper classi-
fication points so as to eliminate duplication  of  effort,  inefficient
loading of equipment and realize reduction in expenses;
  (c) That there should be the most direct routing of all commodities so
as  to avoid centers of congestion, conflicting currents and long truck-
hauls;

S. 6478                            10

  (d) That terminal stations established under  the  comprehensive  plan
should be union stations, so far as practicable;
  (e) That the process of coordinating facilities should so far as prac-
ticable  adapt  existing facilities as integral parts of the new system,
so as to avoid needless destruction of existing capital  investment  and
reduce  so  far as may be possible the requirements for new capital; and
endeavor should be made to obtain the consent  of  local  municipalities
within  the  port  district  for  the  coordination of their present and
contemplated port and terminal facilities with the whole plan.
  (f) That freight from all railroads must be brought to  all  parts  of
the  port  wherever  practicable  without  cars  breaking bulk, and this
necessitates tunnel connection between New Jersey and Long  Island,  and
tunnel or bridge connections between other parts of the port;
  (g)  That  there should be urged upon the federal authorities improve-
ment of channels so as to  give  access  for  that  type  of  waterborne
commerce  adapted  to the various forms of development which the respec-
tive shorefronts and adjacent lands of the port would  best  lend  them-
selves to;
  (h)  That highways for motor truck traffic should be laid out so as to
permit the most efficient inter-relation between  terminals,  piers  and
industrial establishments not equipped with railroad sidings and for the
distribution of building materials and many other commodities which must
be  handled  by  trucks;  these  highways  to  connect  with existing or
projected bridges, tunnels and ferries.
  (i) That definite methods for prompt relief should  be  devised  which
can  be  applied  for  the better coordination and operation of existing
facilities while larger and more comprehensive plans for future develop-
ment are being carried out.
  2. The bridges, tunnels and belt lines forming the comprehensive  plan
are  generally and in outline indicated on maps filed by the port of New
York authority in the offices of the secretaries of the  states  of  New
York and New Jersey and are hereinafter described in outline.
  3.  (a)  A  tunnel  or tunnels connecting the New Jersey shore and the
Brooklyn shore of New York to provide through  line  connection  between
the  transcontinental railroads now having their terminals in New Jersey
with the Long Island railroad and the New York  connecting  railroad  on
Long  Island and with the New York Central and Hudson River railroad and
the New York, New Haven and Hartford  railroad  in  the  Bronx,  and  to
provide  continuous transportation of freight between the Queens, Brook-
lyn and Bronx sections of the port to and from all parts of the westerly
section of the port, for all of the transcontinental railroads.
  (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
existing bridge enlarged, to provide direct freight carriage between New
Jersey and Staten Island.
  (c) The location of all such tunnels or bridges to be at the shortest,
most accessible and most economical points practicable,  taking  account
of  existing facilities now located within the port district and provid-
ing for and taking account of all reasonably foreseeable  future  growth
in all parts of the district.
  4.  The  island of Manhattan to be connected with New Jersey by bridge
or tunnel, or both, and freight destined to and  from  Manhattan  to  be
carried  underground,  so  far as practicable, by such system, automatic
electric as hereinafter described or otherwise, as will furnish the most
expeditious, economical and practicable transportation of freight, espe-
cially meat, produce, milk and other commodities  comprising  the  daily
needs  of  the  people. Suitable markets, union inland terminal stations

S. 6478                            11

and warehouses to be laid out at points most convenient to the homes and
industries upon the island, the said system to be connected with all the
trans-continental railroads terminating in New Jersey and by appropriate
connection  with the New York Central and Hudson River railroad, the New
York, New Haven and Hartford and the Long Island railroads.
  5. The numbers hereinafter used correspond with the numbers which have
been placed on the map of the comprehensive plan to identify the various
belt lines and marginal railroads.
  (a) Number 1. Middle belt line. Connects New Jersey and Staten  Island
and  the  railroads  on  the  westerly  side  of the port with Brooklyn,
Queens, the Bronx and the railroads on the easterly side  of  the  port.
Connects  with  the New York Central railroad in the Bronx; with the New
York, New Haven and Hartford railroad in the Bronx; with the Long Island
railroad in Queens and Brooklyn; with the Baltimore  and  Ohio  railroad
near  Elizabethport  and  in  Staten  Island;  with the Central Railroad
Company of New Jersey at Elizabethport  and  at  points  in  Newark  and
Jersey  City;  with the Pennsylvania railroad in Newark and Jersey City;
with the Lehigh Valley railroad in Newark  and  Jersey  City;  with  the
Delaware,  Lackawanna and Western railroad in Jersey City and the Secau-
cus meadows; with the Erie railroad in  Jersey  City  and  the  Secaucus
meadows;  with  the  New  York,  Susquehanna  and Western, the New York,
Ontario and Western and the West Shore railroads on the westerly side of
the Palisades above the Weehawken tunnel.
  The route of the middle belt line as shown on said map is  in  general
as  follows:  Commencing  at  the Hudson river at Spuyten Duyvil running
easterly and southerly generally along the easterly side of  the  Harlem
river,  utilizing existing lines so far as practicable and improving and
adding where necessary, to a connection with Hell Gate  bridge  and  the
New  Haven  railroad,  a  distance  of approximately seven miles; thence
continuing in a general southerly direction,  utilizing  existing  lines
and  improving  and adding where necessary, to a point near Bay Ridge, a
distance of approximately eighteen and one-half miles; thence by  a  new
tunnel  under  New  York bay in a northwesterly direction to a portal in
Jersey City or Bayonne, a distance of approximately  five  miles,  to  a
connection  with  the tracks of the Pennsylvania and Lehigh Valley rail-
roads; thence in a generally northerly direction along the easterly side
of Newark bay and the Hackensack river at the westerly foot of the Pali-
sades, utilizing existing tracks and improving and adding  where  neces-
sary,  making  connections with the Jersey Central, Pennsylvania, Lehigh
Valley, Delaware, Lackawanna and Western, Erie,  New  York,  Susquehanna
and  Western, New York, Ontario and Western, and West Shore railroads, a
distance of approximately ten miles. From the westerly portal of the Bay
tunnel and from the line along the easterly side of Newark  bay  by  the
bridges  of  the Central railroad of New Jersey (crossing the Hackensack
and Passaic rivers) and of the Pennsylvania and Lehigh Valley  railroads
(crossing  Newark bay) to the line of the central railroad of New Jersey
running along the westerly side of Newark bay and thence southerly along
this line to a connection with the Baltimore and Ohio railroad south  of
Elizabethport,  utilizing  existing  lines  so  far  as  practicable and
improving and adding where necessary, a distance of approximately twelve
miles; thence in an easterly direction crossing the Arthur kill, utiliz-
ing existing lines so far as practicable and improving and adding  where
necessary,  along  the northerly and easterly shores of Staten Island to
the new city piers and to a connection, if the city of New York  consent
thereto,  with  the  tunnel  under  the Narrows to Brooklyn provided for

S. 6478                            12

under chapter seven hundred of the laws of the state  of  New  York  for
nineteen hundred and twenty-one.
  (b)  Number  2.  A  marginal railroad to the Bronx extending along the
shore of the East river and Westchester creek connecting with the middle
belt line (number one), and with the New York, New  Haven  and  Hartford
railroad in the vicinity of Westchester.
  (c)  Number  3.  A  marginal railroad in Queens and Brooklyn extending
along Flushing creek, Flushing bay, the East river  and  the  upper  New
York  bay.    Connects  with the middle belt line (number one), by lines
number four, number five, number six and directly at the  southerly  end
at  Bay Ridge.   Existing lines to be utilized and improved and added to
and new lines built where lines do not now exist.
  (d) Number 4. An existing line to  be  improved  and  added  to  where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three near its northeasterly end.
  (e)  Number  5.  An  existing  line  to be improved and added to where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three in Long Island City.
  (f) Number 6. Connects the middle belt line  (number  one),  with  the
marginal  railroad  number  three in the Greenpoint section of Brooklyn.
The existing portion to be improved and added to where necessary.
  (g) Number 7.  A  marginal  railroad  surrounding  the  northerly  and
westerly  shores  of  Jamaica  bay. A new line. Connects with the middle
belt line (number one).
  (h) Number 8. An existing line, to be  improved  and  added  to  where
necessary.  Extends  along  the  southeasterly  shore  of Staten Island.
Connects with middle belt line (number one).
  (i) Number 9. A marginal railroad extending along the  westerly  shore
of  Staten  Island  and  a branch connection with number eight. Connects
with the middle belt line (number one), and with a branch from the outer
belt line (number fifteen).
  (j) Number 10. A line made up mainly of existing lines, to be improved
and added to where necessary. Connects with the middle belt line (number
one) by way of marginal railroad number eleven. Extends along the south-
erly shore of Raritan bay and through the territory south of the Raritan
river reaching New Brunswick.
  (k) Number 11. A marginal railroad extending from  a  connection  with
the  proposed  outer belt line (number fifteen) near New Brunswick along
the northerly shore of the Raritan river to Perth Amboy, thence norther-
ly along the westerly side of the Arthur kill to a connection  with  the
middle  belt  line  (number  one) south of Elizabethport. The portion of
this line which exists to be improved and added to where necessary.
  (l) Number 12. A marginal railroad extending along the easterly  shore
of Newark bay and the Hackensack river and connects with the middle belt
line (number one). A new line.
  (m)  Number  13. A marginal railroad extending along the westerly side
of the Hudson river and the Upper New York bay. Made up mainly of exist-
ing lines----the Erie Terminals, Jersey  Junction,  Hoboken  Shore,  and
National  Docks  railroads. To be improved and added to where necessary.
To be connected with middle belt line (number one).
  (n) Number 14. A marginal railroad connecting  with  the  middle  belt
line  (number  one),  and  extending through the Hackensack and Secaucus
meadows.
  (o) Number 15. An outer  belt  line,  extending  around  the  westerly
limits  of  the  port  district  beyond the congested section. Northerly
terminus on the Hudson river at Piermont. Connects by marginal railroads

S. 6478                            13

at the southerly end with the harbor waters below the congested section.
By spurs connects with the middle belt line (number one) on the westerly
shore of Newark bay and with the marginal railroad on the westerly shore
of Staten Island (number nine).
  (p)  Number  16.  The  automatic electric system for serving Manhattan
Island.  Its yards to connect with the middle belt line and with all the
railroads of the port district. A standard  gauge  underground  railroad
deep  enough  in  Manhattan  to  permit  of  two levels of rapid transit
subways to pass over it. Standard railroad cars to be brought through to
Manhattan terminals for perishables and food  products  in  refrigerator
cars.  Cars with merchandise freight to be stopped at its yards. Freight
from  standard cars to be transferred onto wheeled containers, thence to
special electrically propelled cars which will  bear  it  to  Manhattan.
Freight  to  be  kept on wheels between the door of the standard freight
car at the transfer point and the tail board of the truck at the Manhat-
tan terminal or the store door as may  be  elected  by  the  shipper  or
consignee, eliminating extra handling.
  Union  terminal stations to be located on Manhattan in zones as far as
practicable of equal trucking distance, as to pickups and deliveries, to
be served by this system. Terminals to contain storage space  and  space
for  other facilities. The system to bring all the railroads of the port
to Manhattan.
  6. The determination of the exact location, system  and  character  of
each  of  the said tunnels, bridges, belt lines, approaches, classifica-
tion yards, warehouses, terminals or other improvements shall be made by
the port authority after public  hearings  and  further  study,  but  in
general the location thereof shall be as indicated upon said map, and as
herein described.
  7.  The  right  to  add to, modify or change any part of the foregoing
comprehensive plan is reserved by each state, with  the  concurrence  of
the other.
  8. The port of New York authority is hereby authorized and directed to
proceed  with the development of the port of New York in accordance with
said comprehensive plan as rapidly as may  be  economically  practicable
and  is  hereby  vested  with  all  necessary and appropriate powers not
inconsistent with the constitution of the United  States  or  of  either
state, to effectuate the same, except the power to levy taxes or assess-
ments.  It  shall request the congress of the United States to make such
appropriations for deepening and widening  channels  and  to  make  such
grants of power as will enable the said plan to be effectuated. It shall
have  power  to  apply to all federal agencies, including the interstate
commerce commission, the war department, and the United States  shipping
board, for suitable assistance in carrying out said plan. It shall coop-
erate  with  the state highway commissioners of each state so that trunk
line highways as and when laid out by each state shall fit in with  said
comprehensive  plan. It shall render such advice, suggestion and assist-
ance to all municipal officials as will permit all local  and  municipal
port and harbor improvements, so far as practicable, to fit in with said
plan.  All  municipalities within the district are hereby authorized and
empowered to cooperate in the effectuation of said plan, and are  hereby
vested with such powers as may be appropriate or necessary so to cooper-
ate. The bonds or other securities issued by the port authority shall at
all  times  be  free  from taxation by either state.  The port authority
shall be regarded as the municipal corporate instrumentality of the  two
states  for  the  purpose  of  developing  the port and effectuating the
pledge of the states in the said compact, but it shall have no power  to

S. 6478                            14

pledge  the  credit  of  either  state  or to impose any obligation upon
either state, or upon any municipality, except as and when such power is
expressly granted by statute, or the consent by any such municipality is
given.
  S  202. Investigations.  1. (a) To facilitate the determination of the
economic practicability of any step in the comprehensive plan, or of any
other fact  or  matter  which  the  port  authority  is  authorized  and
empowered  to decide or determine, the port authority may conduct inves-
tigations, inquiries or hearings at such place or  places  and  at  such
times  as  it shall appoint.  Such investigations, inquiries or hearings
may be held by or before one or more of the commissioners  of  the  port
authority, or by or before any person or persons appointed as its repre-
sentative, and when ratified, approved or confirmed by the port authori-
ty on its action shall be and be deemed to be the investigation, inquiry
or hearing of the port authority.
  (b) For the purpose of such investigations, inquiries or hearings, and
of  such  other action or powers as the port authority may be authorized
or empowered to take or exercise, it shall have jurisdiction of any  and
all  persons,  associations,  or corporations, residing in, or acting or
existing under or by virtue of the laws of, or owning property or coming
within this state.
  2. The port authority shall have the power to compel the attendance of
witnesses and the production of any papers, books  or  other  documents,
and  to  administer  oaths to all witnesses who may be called before it.
Subpoenas issued by the port authority shall be signed by a commissioner
or by the secretary of the port authority. No witness subpoenaed at  the
instance  of  parties other than the port authority shall be entitled to
compensation therefrom for attendance or travel, but  the  cost  thereof
shall  be  borne by the party at whose instance the witness is summoned,
unless the port authority otherwise orders. A subpoena issued under this
section shall be regulated by the civil practice law and rules.
  S 203. Hearings.  1. All hearings before the port authority, including
the taking of testimony, shall be governed by rules to  be  adopted  and
prescribed by it.
  2. In any investigation, inquiry or hearing before the port authority,
a  commissioner  or  an officer conducting the investigation, inquiry or
hearing may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law.
  3. No commissioner or employee of the port authority shall be required
to give testimony in any civil suit to which the port authority is not a
party with regard to information obtained by him in the discharge of his
or her official duty.
  S 204. Orders.  1. Every order of the port authority shall  be  served
upon  every  person,  association or corporation to be affected thereby,
either by personal delivery of a certified copy thereof, or by mailing a
certified copy thereof, in a sealed package with postage prepaid, to the
person to be affected thereby; or in the case of a  corporation  to  any
officer  or  agent  thereof  upon whom a summons might be served, either
within or without the state, in accordance with law.  It  shall  be  the
duty  of  every  person,  association or corporation, to notify the port
authority forthwith, in writing, of the receipt of the certified copy of
every order so served, and in the case of a corporation  such  notifica-
tion must be signed and acknowledged by a person or officer duly author-
ized  by  the corporation to admit such service. Within a time specified
in the order of the port authority, such person, association  or  corpo-
ration, upon whom it is served, must, if so required in the order, noti-

S. 6478                            15

fy  the port authority in like manner whether the terms of the order are
accepted and will be obeyed. Every order of  the  port  authority  shall
take  effect  at  a  time  therein specified and shall continue in force
either for a period which may be designated therein, or until changed or
abrogated  by  the  port authority, unless such order be unauthorized by
law, or be in violation of a provision of the constitution of the state,
or of the United States.
  2. No order staying or suspending an order of the port authority shall
be made by any court otherwise than upon notice and after  hearing,  and
if  the  order  of the port authority is suspended, the order suspending
the same shall contain a specific finding based upon evidence  submitted
to the court and identified by reference thereto that great and irrepar-
able  damage would otherwise result to the petitioner and specifying the
nature of the damage.
  3. (a) Whenever the port authority shall be of the  opinion  that  any
person,  association or corporation subject to its jurisdiction is fail-
ing or omitting, or about to fail or omit to do anything required of  it
by  the laws governing the development and regulation of the port of New
York, or by its order, or is doing  or  is  about  to  do  anything,  or
permitting,  or  about  to permit anything to be done contrary to, or in
violation of, such law or orders, it shall direct  its  legal  represen-
tative  to  commence  an  action  or  proceeding in the name of the port
authority, in an appropriate court having jurisdiction, for the  purpose
of  having  such  violations,  or  threatened  violations,  stopped  and
prevented either by mandamus or injunction. Such an action or proceeding
may be brought in the supreme court of this state, and  the  said  court
shall  have  and is hereby given the necessary and appropriate jurisdic-
tion to grant mandamus or injunction, as the case may  require,  or  any
other relief appropriate to the case.
  (b)  Failure  of such person, association or corporation to notify the
port authority, as required in the preceding section, of its  acceptance
of  and willingness to obey any order of the port authority shall be and
be deemed to be prima facie  proof  that  such  person,  association  or
corporation  is  guilty  of such violation, or threatened violation. The
legal representative of the port authority shall begin  such  action  or
proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
violation complained of and praying for appropriate  relief  by  way  of
mandamus  or  injunction. If the petition is directed to a court of this
state, it shall thereupon be the duty of the court to specify the  time,
not  exceeding  twenty days after the service of a copy of the petition,
within which the person, association or corporation complained  of  must
answer  the petition. In case of default in answer, or after answer, the
court shall immediately inquire into the  facts  and  circumstances,  in
such manner as the court shall direct, without other or formal pleadings
and  without  respect  to any technical requirement. Such other persons,
associations or corporations as the court shall deem necessary or proper
to join as parties, in order to make its order, judgment or writs effec-
tive, may be joined as parties upon application of the  legal  represen-
tative  of  the port authority. The final judgment in any such action or
proceeding shall either dismiss the action or proceeding, or direct that
a writ of mandamus, or an injunction, or both, issue as  prayed  for  in
the  petition, or in such modified or other form as the court may deter-
mine will afford the appropriate relief.
  4. (a) Whenever the port authority, after opportunity to  the  parties
affected or to be affected thereby to be heard, shall determine any fact
or  matter  which  it  is authorized by any law to hear or determine, or

S. 6478                            16

that any step in the effectuation of the comprehensive plan is or in the
near future will be economically practicable, it shall make its findings
in writing, setting forth its reasons therefor, and such findings  shall
be  and be deemed to be a determination by the port authority, under and
pursuant to law. Upon such determination an  appropriate  order  may  be
entered  by the port authority and be made effective and may be enforced
as herein provided.
  (b) If such findings or determination shall require the use of  exist-
ing  facilities or any part thereof described in the law, owned or oper-
ated by any carrier or carriers, then the port authority may  order  and
require the carrier or carriers owning or operating said railroad facil-
ities or part thereof to permit the use of such facilities or part ther-
eof upon the payment of reasonable compensation therefor. If the carrier
or  carriers affected or to be affected by such order shall not be able,
within the time to be specified in its order by the port  authority,  to
agree  among  themselves upon the compensation to be paid by a user to a
proprietor or operator for the use of such existing facilities  or  part
thereof,  then the port authority shall make determination of the amount
to be paid by the user to the proprietary carrier  or  carriers,  taking
all  the  facts and circumstances into account, including the public use
to which such facilities have been put; or,  at  its  option,  the  port
authority  may  apply  to  the  supreme court of this state, either in a
separate proceeding or in  proceedings  by  mandamus  or  injunction  to
enforce  its order, to fix and determine the fair and reasonable compen-
sation to be paid by the user to the proprietary carrier or carriers for
such use. If any carrier shall be dissatisfied with the findings of  the
port  authority in the matter of the compensation to be paid for the use
of any existing facility, it shall have the right to review the same  in
the  supreme  court  of this state by taking appropriate proceedings for
such review within sixty days from the service of the order of the  port
authority, but pending such review the order for the use of such facili-
ties  shall  be  operative, the determination of the compensation by the
court to relate back to the time  of  the  commencement  of  such  user,
unless  the court shall for good and proper reasons enjoin the operation
of such order.
  S 205. Terminal stations.  If, in the determination of steps to effec-
tuate the comprehensive plan, the port authority  shall  determine  that
one  or  more  union  terminal stations are then, or in the near future,
economically practicable, it shall call a conference of all the carriers
affected or to be affected by the  use  of  such  terminal  stations  or
station  and  shall submit to them a plan or plans for the construction,
maintenance and use thereof.  If the carriers or any of them shall  fail
or  refuse  to  agree  upon such plan, the port authority shall make and
certify its findings and conclusions to the supreme court of this state,
and the said court is vested with appropriate and adequate  jurisdiction
to  determine  whether  or not such plan or plans for a union station or
stations effectuate the comprehensive plan, and to make such  conditions
and  impose such terms as will carry out the same in accordance with the
principles embraced in the comprehensive plan and the laws governing the
same.
  S 206. Preference.   All actions and proceedings  to  which  the  port
authority may be a party and in which any question arises under the laws
relating to the port authority, or under or concerning any of its orders
or  actions,  shall  be  preferred  over  all other civil causes, except
election causes, in all courts of this state  and  shall  be  heard  and
determined  in  preference  to all other civil business pending therein,

S. 6478                            17

except election causes, irrespective of position on  the  calendar.  The
same preference shall be granted upon application of the legal represen-
tative of the port authority, in any action or proceeding in which he or
she may be allowed to intervene.
                               ARTICLE III
             BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY
Section 301. Legislative intent.
        302. Tunnels.
        303. Bridges.
        304. Studies and reporting.
        305. Inspections.
        306. Construction, maintenance and operation.
        307. Rules and regulations relating to tunnels and bridges.
        308. Bonds.
        309. Compact.
  S  301.  Legislative  intent.   The state of New Jersey by appropriate
legislation concurring herein, the states of New  York  and  New  Jersey
hereby  declare  and  agree that the vehicular traffic moving across the
interstate waters within the port of New York district, created  by  the
compact  of  April thirty, nineteen hundred twenty-one, between the said
states, which said phrase "interstate waters" as used  in  this  article
shall  include  the  portion of the Hudson river within the said port of
New York district north of the New  Jersey  state  line,  constitutes  a
general  movement of traffic which follows the most accessible and prac-
ticable routes, and that the users of each  bridge  or  tunnel  over  or
under  the said waters benefit by the existence of every other bridge or
tunnel since all such bridges and tunnels  as  a  group  facilitate  the
movement  of  such traffic and relieve congestion at each of the several
bridges and tunnels.  Accordingly the two said states, in  the  interest
of  the users of such bridges and tunnels and the general public, hereby
agree that the construction, maintenance, operation and control  of  all
such  bridges and tunnels, heretofore or hereafter authorized by the two
said states, shall be unified under the port authority, to the end  that
the  tolls and other revenues therefrom shall be applied so far as prac-
ticable to the costs of the construction, maintenance and  operation  of
said bridges and tunnels as a group and economies in operation effected,
it being the policy of the two said states that such bridges and tunnels
shall as a group be in all respects self-sustaining.
  S 302. Tunnels. 1.  In furtherance of the policy stated in section 201
of  this  article, and in partial effectuation of the comprehensive plan
adopted by the two said states for the development of the said  port  of
New  York  district  pursuant  to  this chapter, the control, operation,
tolls and other revenues of the vehicular tunnel, known as  the  Holland
tunnel,  under  the Hudson river between the city of Jersey City and the
city of New York, shall be vested in the port authority  as  hereinafter
provided;  and  the port authority is hereby authorized and empowered to
construct, own, maintain and operate an  interstate  vehicular  crossing
under the Hudson river to consist of three tubes (hereinafter called the
Midtown  Hudson  tunnel),  together  with  such  approaches  thereto and
connections with highways as the port authority may  deem  necessary  or
desirable.
  2.  The  entrances,  exits  and  approaches to the said Midtown Hudson
tunnel, on the New York side, shall be between West Thirty-fifth  street
and  West  Forty-first street and in the vicinity of Ninth avenue and to
the west thereof, in the borough of Manhattan, city  of  New  York.  The
approaches  to  the  said  Midtown  Hudson tunnel on the New Jersey side

S. 6478                            18

shall be so located and constructed as to permit tunnel traffic to  pass
over  or under the tracks of the New York, Susquehanna and Western Rail-
road Company and the Northern Railroad Company of New Jersey, immediate-
ly west of the Palisades, without crossing the said tracks at grade, and
as  to  permit  connections  with New Jersey state highway routes in the
vicinity of the said tracks. The said Midtown Hudson tunnel  shall  have
an appropriate entrance and exit in the township of Weehawken, county of
Hudson, state of New Jersey.
  3.  The  control,  operation,  tolls  and  other  revenues of the said
Holland tunnel and its entrance and exit plazas  and  of  all  real  and
personal  property  appurtenant thereto or used in connection therewith,
shall vest in the port  authority  upon  the  making  of  the  following
payments by the port authority to each of the said two states:
  (a) An amount equal to the moneys contributed by such state toward the
cost  of  construction of the said Holland tunnel, with interest thereon
at the rate of four and one-quarter per centum per annum from  the  date
or dates on which such moneys were contributed by such state to the date
of the payment to such state;
  (b)  Less, however, the share of such state in the net revenues of the
said tunnel to the date of the said payment, and less interest  on  such
net  revenues  at  the rate of four and one-quarter per centum per annum
from the dates on which the said net  revenues  were  received  by  such
state to the date of the said payment;
  (c)  And  in the case of the payment to the state of New York, less an
amount equal to the moneys which the said state has agreed to advance to
the port authority (but which have not as yet been advanced to the  port
authority)  in  aid  of  bridge  construction,  during  the fiscal years
commencing in nineteen hundred thirty-one and nineteen  hundred  thirty-
two,  pursuant to chapter seven hundred and sixty-one of the laws of New
York of nineteen hundred twenty-six and chapter  three  hundred  of  the
laws  of  New  York of nineteen hundred twenty-seven and acts amendatory
thereof and supplemental thereto, discounted, however, in  the  case  of
each  advance  at the rate of four and one-quarter per centum per annum,
from the date of the said payment to the state of New York to  the  date
upon  which  such  advance  is to be available pursuant to the aforesaid
statutes.
  In computing interest as aforesaid upon the moneys contributed by each
of the said two states toward the  cost  of  construction  of  the  said
Holland  tunnel, such moneys shall be deemed to have been contributed by
such state upon the first day of the month following  the  month  during
which  there  were  presented to the comptroller of such state for audit
and payment, the schedules and vouchers pursuant to  which  such  moneys
were  paid.  In  computing  interest  as aforesaid upon the net revenues
received by each of the said two states,  such  net  revenues  shall  be
deemed  to  have  been  received  by  such state upon the date when such
revenues were credited to such state or to the commission of such  state
pursuant  to  paragraph  eleven  of  article  fourteen of the compact of
December thirty, nineteen hundred nineteen, between the two said states.
  4. If the amount paid by the port authority to the state of New Jersey
pursuant to subdivision three of this section  shall  be  less  than  an
amount  which,  together with the moneys then in the sinking fund estab-
lished by chapter three hundred and fifty-two of the laws of New  Jersey
of  nineteen hundred twenty and chapter two hundred and sixty-two of the
laws of New Jersey of nineteen hundred twenty-four,  hereinafter  called
the  New  Jersey  Camden  bridge-Holland tunnel sinking fund (other than
moneys set apart to pay interest for the  then  current  year  upon  the

S. 6478                            19

bonds of the state of New Jersey authorized by the aforesaid acts of the
state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
tunnel  bonds),  will  be  equal  to  the  principal  amount of the then
outstanding  New  Jersey Camden bridge-Holland tunnel bonds, then and in
such event, the port authority shall in addition pay to the state of New
Jersey an amount which, together with the amount paid under and pursuant
to the preceding section hereof and the moneys then in said  New  Jersey
Camden  bridge-Holland tunnel sinking fund, will be equal to the princi-
pal amount of the then  outstanding  New  Jersey  Camden  bridge-Holland
tunnel  bonds;  and shall, moreover, pay to the state of New York a like
amount.
  5. The amount payable by the port authority to the state of  New  York
pursuant to subdivisions three and four of this section shall be paid by
the  port  authority into the treasury of the state of New York upon the
thirtieth day of June, nineteen hundred thirty-one,  or  at  an  earlier
date  at  the  option  of the port authority on five days' notice to the
comptroller of the state of New York, upon a voucher signed and  audited
by the said comptroller, who is hereby authorized to consummate the said
transaction.
  6. The amount payable by the port authority to the state of New Jersey
pursuant to subdivisions three and four of this section shall be paid by
the  port authority to the sinking fund commission created by said chap-
ter three hundred and fifty-two of the laws of New  Jersey  of  nineteen
hundred twenty and said chapter two hundred and sixty-two of the laws of
New  Jersey  of nineteen hundred twenty-four, hereinafter called the New
Jersey Camden bridge-Holland tunnel sinking  fund  commission  upon  the
thirtieth  day  of June, nineteen hundred thirty-one, or such other date
as may be agreed upon by the said sinking fund commission and  the  port
authority,  upon  a  voucher signed and audited by the said sinking fund
commission, which said commission is  hereby  authorized  to  consummate
said transaction; and the said moneys shall be deposited in the said New
Jersey  Camden  bridge-Holland  tunnel  sinking  fund, and shall for all
purposes be deemed to be a part thereof and subject to the appropriation
of the moneys in the said sinking fund, made by the  aforesaid  statutes
of the state of New Jersey.
  7.  The  income and interest received from or accruing upon the moneys
in the aforesaid New Jersey Camden bridge-Holland tunnel  sinking  fund,
and from the investment thereof, shall be set apart and held by the said
New  Jersey Camden bridge-Holland tunnel sinking fund commission for the
payment of interest on New Jersey Camden  bridge-Holland  tunnel  bonds,
and  shall  be  subject to the appropriation made of moneys so set apart
and held, by the aforesaid statutes of the  state  of  New  Jersey,  and
shall be applied to the payment of such interest.
  8.  Upon the making of the foregoing payments by the port authority to
the two said states, the provisions of the compact of  December  thirty,
nineteen  hundred nineteen, between the said two states, relating to the
construction and operation of the said Holland tunnel,  as  amended,  so
far  as  inconsistent herewith or with the rules, practice and procedure
or general authority of the port authority, shall be and shall be deemed
to be abrogated; and chapter four hundred and twenty-one of the laws  of
New  York of nineteen hundred thirty, and chapter two hundred and forty-
seven of the laws of New Jersey of nineteen hundred thirty,  making  the
port authority the agent of the two states in connection with the opera-
tion of the said Holland tunnel shall cease to be effective.
  S  303.  Bridges.    1.  Except as may be agreed upon between the port
authority and the municipality in  which  they  shall  be  located,  the

S. 6478                            20

approaches  to the George Washington bridge hereafter constructed on the
New York side shall be located as follows: between Amsterdam avenue  and
Pinehurst  avenue,  the  approaches  shall  be  located between West One
hundred seventy-eighth street and West One hundred seventy-ninth street;
between  Pinehurst avenue and Cabrini boulevard, the approaches shall be
between West One hundred seventy-eighth  street  and  West  One  hundred
eightieth  street;  between  Cabrini  boulevard  and  Haven  avenue, the
approaches shall be between West One hundred seventy-seventh street  and
the  line  parallel  to the northerly side of West One hundred eightieth
street and one hundred twenty-five feet north of the  building  line  on
the north side thereof; between Haven avenue and Service street north of
the George Washington bridge, the approaches shall be between the bridge
and  an extension of the building line on the northerly side of West One
hundred eightieth street. Except as so limited, the port  authority  may
effectuate  such  approaches, connections, highway extensions or highway
improvements as it shall deem necessary or desirable in relation to  the
George Washington bridge, located in or extending across the counties in
which  such  bridge  is  located,  and,  in its discretion, may do so by
agreement with any other public agency; such agreement may  provide  for
the   construction,   ownership,   maintenance   or  operation  of  such
approaches, connections or highway extensions or highway improvements by
such other public agency.
  2. The port authority is  hereby  authorized  and  empowered,  in  its
discretion,  to  construct,  own,  maintain  and  operate  in Washington
Heights in the borough of Manhattan, New York city, as an  addition  and
improvement  to  the vehicular bridge over the Hudson river at Fort Lee,
known as and hereinafter in this section referred to as the George Wash-
ington bridge, a bus passenger facility, by which is  meant  a  facility
consisting  of  one or more buildings, structures, improvements, loading
or unloading areas, parking areas or other facilities necessary, conven-
ient or desirable in the opinion of the port authority for the  accommo-
dation  of  omnibuses  and  other  motor  vehicles  operated by carriers
engaged in the transportation of passengers, or for the loading, unload-
ing, interchange or transfer of such passengers  or  their  baggage,  or
otherwise  for  the accommodation, use or convenience of such passengers
or such carriers or their employees and for purposes incidental thereto.
  3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
authority  from  establishing,  levying  and  collecting tolls and other
charges in connection with such bus passenger facility  in  addition  to
and other than the tolls or charges established, levied and collected in
connection  with  the  George  Washington  bridge or any other bridge or
tunnel.
  S 304. Studies and reporting.  The port authority shall from  time  to
time make studies, surveys and investigations to determine the necessity
and practicability of vehicular bridges and tunnels over or under inter-
state  waters  within  the port of New York district, in addition to the
Midtown Hudson tunnel and Holland tunnel and to  the  George  Washington
bridge,  Goethals  bridge,  Outerbridge Crossing and Bayonne bridge, and
report to the governors and legislatures of the two states thereon.  The
port authority shall not proceed with the construction of any such addi-
tional  vehicular  bridges  and  tunnels  over  or under said interstate
waters until hereafter expressly authorized by the two said states,  but
the  second  deck of the George Washington bridge shall be considered an
addition and improvement to the said bridge and not such  an  additional
vehicular  bridge,  and  the port authority's power and authorization to
construct, own, maintain and operate said second deck for highway vehic-

S. 6478                            21

ular or rail rapid transit traffic or both is  hereby  acknowledged  and
confirmed.
  S  305. Inspections.  The port authority shall inspect bridges located
within the state of New York and under the authority's  jurisdiction  in
accordance  with  criteria  established for other publicly-owned bridges
within the state.
  S 306. Construction, maintenance and operation.  1. The port authority
shall, so far as it deems it practicable,  treat  as  a  single  unified
operation  the  construction,  maintenance  and  operation  of  the said
Midtown Hudson tunnel, the Holland tunnel,  the  two  vehicular  bridges
over  the  Arthur Kill, the vehicular bridge over the Kill van Kull, the
vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
ular bridges or tunnels which  it  may  construct  or  operate,  raising
moneys  for the construction thereof and for the making of additions and
improvements thereto in whole or in part upon its own  obligations,  and
establishing  and  levying  such  tolls and other charges as it may deem
necessary to secure from all of such bridges and tunnels as a group,  at
least sufficient revenue to meet the expenses of the construction, main-
tenance  and  operation  of  such bridges and tunnels as a group, and to
provide for the payment  of  the  interest  upon  and  amortization  and
retirement  of  and  the fulfillment of the terms of all bonds and other
securities and obligations which it  may  have  issued  or  incurred  in
connection therewith.
  2.  The  additions and improvements to bridges and tunnels constructed
or operated by it which the  port  authority  is  hereby  authorized  to
effectuate  shall  include  but not be limited to parking facilities, by
which is meant transportation  facilities  consisting  of  one  or  more
areas,  buildings,  structures, improvements, or other accommodations or
appurtenances necessary, convenient or desirable in the opinion  of  the
port  authority for the parking or storage of motor vehicles of users of
such bridges and tunnels and other members of the general public and for
the transfer of the operators and passengers of such motor  vehicles  to
and from omnibuses and other motor vehicles operated by carriers over or
through such bridges or tunnels, and for purposes incidental thereto.
  3.  Nothing  herein  contained  shall  be  deemed  to prevent the port
authority from establishing, levying  and  collecting  tolls  and  other
charges in connection with any parking facility in addition to and other
than   the  tolls  or  charges  established,  levied  and  collected  in
connection with the bridge or tunnel to which such parking  facility  is
an addition and improvement or any other bridge or tunnel.
  4.  The  port authority shall not proceed with the construction of any
parking facility as an addition and improvement to any bridge or  tunnel
other  than  a  parking  facility in the township of North Bergen in the
state of New Jersey at or in the vicinity of the Midtown  Hudson  tunnel
and  its  approaches  and connections, except as heretofore or hereafter
expressly authorized.
  5. The plans of the connections with state or  municipal  highways  of
any  vehicular  bridge  or tunnel which the port authority may hereafter
construct (including the plans of any additional connections of existing
bridges or tunnels with state or municipal highways), shall  be  subject
to  the  approval of the governor of the state in which such connections
shall be located. Either state may require  by  appropriate  legislation
that  such  connections  shall be subject to the approval of the munici-
pality of that state in which they shall be located; and in such  event,
the  approval of such municipality shall be given as provided in article

S. 6478                            22

one of this chapter.  Except as limited herein, the port authority shall
determine all matters pertaining to such bridges and tunnels.
  6.  The  construction,  maintenance and operation of vehicular bridges
and tunnels within the said port of New  York  district  (including  the
said Holland tunnel and the said Midtown Hudson tunnel), are and will be
in  all respects for the benefit of the people of the states of New York
and New Jersey, for the increase of their commerce  and  prosperity  and
for  the improvement of their health and living conditions; and the port
authority shall be regarded  as  performing  an  essential  governmental
function  in  undertaking  the  construction,  maintenance and operation
thereof and in carrying out the provisions of law relating thereto,  and
shall be required to pay no taxes or assessments upon any of the proper-
ty acquired or used by it for such purposes.
  7.  If  for  any  of  the  purposes  of  this act (including temporary
construction purposes, and the making of additions  or  improvements  to
bridges  or  tunnels already constructed), the port authority shall find
it necessary or convenient  to  acquire  any  real  property  as  herein
defined,  whether  for  immediate  or future use, the port authority may
find and determine that such property, whether a fee simple absolute  or
a  lesser interest, is required for a public use, and upon such determi-
nation, the said property shall be and shall be deemed  to  be  required
for  such  public  use until otherwise determined by the port authority;
and with the exceptions hereinafter specifically noted, the said  deter-
mination shall not be affected by the fact that such property has there-
tofore  been  taken  for,  or  is then devoted to, a public use; but the
public use in the hands or under the control of the port authority shall
be deemed superior to the public use in the hands of any  other  person,
association or corporation.
  8.  The port authority may acquire and is hereby authorized to acquire
such property, whether a fee simple absolute or a  lesser  interest,  by
the  exercise  of  the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure law of the state of New York,
in the case of property located in such state, and revised  statutes  of
New  Jersey,  Title  20:1-1  et seq., in the case of property located in
such state, or at the option  of  the  port  authority  as  provided  in
section  fifteen  of  chapter  forty-three  of the laws of New Jersey of
nineteen hundred forty-seven, as amended, for the condemnation  of  real
property  for  air terminal purposes, in the case of property located in
such state, or pursuant to such other and alternate procedure as may  be
provided by law.
  9.  Where  a person entitled to an award in the proceedings to acquire
any real property for any of the purposes of this  article,  remains  in
possession  of  such  property after the time of the vesting of title in
the port authority, the reasonable value of his  use  and  occupancy  of
such  property  subsequent to such time, as fixed by agreement or by the
court in such proceedings or by any  court  of  competent  jurisdiction,
shall  be  a lien against such award, subject only to liens of record at
the time of the vesting of title in the port authority.
  10. Nothing herein contained shall be construed to prohibit  the  port
authority  from  bringing  any proceedings to remove a cloud on title or
such other proceedings as it may, in its  discretion,  deem  proper  and
necessary,  or  from  acquiring  any  such  property  by  negotiation or
purchase.
  11. Anything in this act to the contrary notwithstanding, no  property
now  or  hereafter  vested  in  or  held  by  any county, city, borough,
village, township or other municipality  shall  be  taken  by  the  port

S. 6478                            23

authority,  without  the  authority  or  consent  of  such county, city,
borough, village, township or other municipality as provided in  article
one of this chapter, provided that the state in which such county, city,
borough,  village, township or other municipality is located may author-
ize such property to be taken by the port authority by  condemnation  or
the  exercise  of  the right of eminent domain without such authority or
consent; nor shall anything herein impair or invalidate in any  way  any
bonded  indebtedness  of  the  state,  or  such  county,  city, borough,
village, township or other municipality, nor impair  the  provisions  of
law  regulating  the  payment into sinking funds of revenue derived from
municipal property, or dedicating the revenues  derived  from  municipal
property, to a specific purpose. The port authority is hereby authorized
and  empowered  to acquire from any such county, city, borough, village,
township or other municipality, or  from  any  other  public  agency  or
commission  having jurisdiction in the premises, by agreement therewith,
and such county, city, borough, village, township, municipality,  public
agency  or commission, notwithstanding any contrary provision of law, is
hereby authorized and empowered to  grant  and  convey  upon  reasonable
terms  and conditions, any real property, which may be necessary for the
construction, operation and maintenance of  such  bridges  and  tunnels,
including  such  real  property  as has already been devoted to a public
use. Each of the two said states hereby consent to the use  and  occupa-
tion  of the real property of such state necessary for the construction,
operation and maintenance of bridges and tunnels constructed or operated
pursuant to the provisions of this act, including  lands  of  the  state
lying under water.
  12.  The  port  authority and its duly authorized agents and employees
may enter upon any land in this state for the  purpose  of  making  such
surveys, maps, or other examinations thereof as it may deem necessary or
convenient for the purposes of this article.
  13.  The  term  "real  property" as used in this section is defined to
include lands, structures, franchises, and interests in land,  including
lands under water and riparian rights, and any and all things and rights
usually included within the said term, and includes not only fees simple
absolute  but  also  any  and  all  lesser interests, such as easements,
rights of way, uses, leases, licenses and all other incorporeal  heredi-
taments and every estate, interest or right, legal or equitable, includ-
ing  terms of years, and liens thereon by way of judgments, mortgages or
otherwise, and also claims for damage to real estate.
  14. Nothing herein contained shall be construed to authorize or permit
the port authority to undertake the construction of any vehicular bridge
or tunnel over or under  the  Arthur  Kill,  unless  or  until  adequate
provision  has  been  made  by law for the protection of those advancing
money upon the obligations of the port authority for the construction of
the bridges mentioned in chapter two hundred and  ten  of  the  laws  of
nineteen  hundred  twenty-five,  or  the  construction  of any vehicular
bridge or tunnel over or under the Hudson river, at or north of Sixtieth
street in the borough of Manhattan, city of New York,  unless  or  until
adequate  provision  has  been  made  by law for the protection of those
advancing money upon the obligations  of  the  port  authority  for  the
construction  of  the  bridge  mentioned  in  chapter  seven hundred and
sixty-one  of  the  laws  of  nineteen  hundred   twenty-six,   or   the
construction  of  any  vehicular bridge or tunnel over or under the Kill
van Kull unless or until adequate provision has been made by law for the
protection of those advancing money upon the  obligations  of  the  port

S. 6478                            24

authority  for the construction of the bridge mentioned in chapter three
hundred of the laws of nineteen hundred twenty-seven.
  S  307. Rules and regulations relating to tunnels and bridges.  1. The
port authority is hereby authorized to make and enforce such  rules  and
regulations  and  to  establish,  levy  and collect such tolls and other
charges in connection with any vehicular bridges and  tunnels  which  it
may now or hereafter be authorized to own, construct, operate or control
(including  the said Holland tunnel and the said Midtown Hudson tunnel),
as it may deem necessary, proper or  desirable,  which  said  tolls  and
charges  shall  be  at  least  sufficient  to  meet  the expenses of the
construction, operation and maintenance thereof, and to provide for  the
payment  of,  with interest upon, and the amortization and retirement of
bonds or other securities or obligations issued or incurred  for  bridge
or  tunnel  purposes.  There  shall  be  allocated  to  the  cost of the
construction, operation and maintenance of  such  bridges  and  tunnels,
such  proportion  of  the  general  expenses of the port authority as it
shall deem properly chargeable thereto.
  2. The moneys in the  general  reserve  fund  of  the  port  authority
(authorized  by  chapter  five  of  the  laws  of New Jersey of nineteen
hundred thirty-one, as amended, and chapter forty-eight of the  laws  of
New  York  of nineteen hundred thirty-one, as amended) may be pledged in
whole or in part by the port authority as security for or applied by  it
to  the  repayment  with  interest of any moneys which it may raise upon
bonds or other securities or obligations issued or incurred from time to
time for any of the purposes of this article or secured in whole  or  in
part by the pledge of the revenues of the port authority from any bridge
or  tunnel  or both so issued or incurred and so secured; and the moneys
in said general reserve fund may be applied by the port authority to the
fulfillment of any other undertakings which it may assume to or for  the
benefit  of  the  holders  of  any such bonds, securities or other obli-
gations.
  3. Subject to prior liens and pledges (and to the  obligation  of  the
port  authority  to  apply  revenues  to  the maintenance of its general
reserve fund in the amount prescribed by the said  statutes  authorizing
said  fund),  the  revenues of the port authority from facilities estab-
lished, constructed, acquired or effectuated  through  the  issuance  or
sale  of  bonds of the port authority secured by a pledge of its general
reserve fund may be pledged in whole or  in  part  as  security  for  or
applied  by it to the repayment with interest of any moneys which it may
raise upon bonds or other securities or obligations issued  or  incurred
from  time to time for any of the purposes of this article or secured in
whole or in part by the pledge of the revenues  of  the  port  authority
from  any bridge or tunnel or both so issued or incurred and so secured,
and said revenues may be applied by the port authority to  the  fulfill-
ment of any other undertakings which it may assume to or for the benefit
of the holders of such bonds, securities or other obligations.
  In  the  event that at any time the balance of moneys theretofore paid
into the general reserve fund and not applied therefrom shall exceed  an
amount  equal  to  one-tenth  of  the  par  value of all bonds legal for
investment, as defined and limited in the said statutes authorizing said
fund, issued by the port authority and  currently  outstanding  at  such
time,  by reason of the retirement of bonds or other securities or obli-
gations issued or incurred from time to time for any of the purposes  of
this  article or secured in whole or in part by the pledge of the reven-
ues of the port authority from any bridge or tunnel or both so issued or
incurred and so secured, the par value of  which  had  theretofore  been

S. 6478                            25

included  in  the computation of said one-tenth, then the port authority
may pledge or apply such excess for and only for the purposes for  which
it  is  authorized  by the said statutes authorizing said fund to pledge
the  moneys  in  the general reserve fund and such pledge may be made in
advance of the time when such excess may occur.
  S 308. Bonds.  1. The two said states covenant  and  agree  with  each
other  and  with  the  holders of any bonds or other securities or obli-
gations of the port authority, issued or incurred for bridge  or  tunnel
purposes  and  as  security  for which there may or shall be pledged the
tolls and revenues or any part thereof of any vehicular bridge or tunnel
(including the said Holland tunnel and the said Midtown Hudson  tunnel),
that the two said states will not, so long as any of such bonds or other
obligations  remain outstanding and unpaid, diminish or impair the power
of the port authority to establish, levy and  collect  tolls  and  other
charges  in connection therewith; and that the two said states will not,
so long as any of such bonds or other obligations remain outstanding and
unpaid, authorize the construction of any vehicular bridges  or  tunnels
over  or  under interstate waters as herein defined within the said port
of New York district, by any person or body other than the port authori-
ty, in competition with those whose tolls or other revenues are  pledged
as  aforesaid; provided that nothing herein contained shall be deemed to
refer to the bridge authorized by the act of congress  of  July  eleven,
eighteen  hundred  ninety,  chapter six hundred and sixty-nine, and acts
amendatory thereof and supplemental thereto; and provided  further  that
nothing  herein  contained  shall  preclude  the  authorization  of  the
construction of such competitive tunnels or bridges by other persons  or
bodies  if  and  when  adequate  provision  shall be made by law for the
protection of those advancing money upon such obligations.
  2. The bonds or other securities or obligations which may be issued or
incurred by the port authority pursuant to this article, or as  security
for  which there may be pledged the tolls and other revenues or any part
thereof of any vehicular bridge or tunnel (including  the  said  Holland
tunnel  and  the said Midtown Hudson tunnel) now or hereafter authorized
by the two said states or both so issued or incurred and so secured, are
hereby made securities in which all state  and  municipal  officers  and
bodies,  all banks, bankers, trust companies, savings banks, savings and
loan associations, investment companies and other persons carrying on  a
banking  business,  all  insurance companies, insurance associations and
other persons carrying on an insurance business, and all administrators,
executors, guardians, trustees  and  other  fiduciaries  and  all  other
persons  whatsoever who are now or may hereafter be authorized to invest
in bonds or other obligations of the state,  may  properly  and  legally
invest  any  funds, including capital, belonging to them or within their
control; and said bonds or other securities or  obligations  are  hereby
made  securities  which  may  properly and legally be deposited with and
shall be received by any state or municipal officer or  agency  for  any
purpose  for  which  the  deposit  of bonds or other obligations of this
state is now or may hereafter be authorized.
  S 309. Compact.  1. This section and the preceding  sections  of  this
article,  constitute an agreement between the states of New York and New
Jersey supplementary to the compact between the two states  dated  April
thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
be liberally construed to effectuate the purposes of said compact and of
the comprehensive plan heretofore adopted by the  two  states,  and  any
powers  granted to the port authority by this article shall be deemed to
be in aid of and supplementary to and in no case a limitation  upon  the

S. 6478                            26

powers  heretofore  vested  in the port authority by the two said states
and/or by congress, except as herein otherwise provided.
  2.  Any  declarations  contained  in  this article with respect to the
governmental nature of bridges and  tunnels  and  to  the  exemption  of
bridge  and  tunnel  property from taxation and to the discretion of the
port authority with respect to bridge and tunnel operations shall not be
construed to imply that other port authority property and operations are
not of a governmental nature, or that they are subject to  taxation,  or
that  the  determinations of the port authority with respect thereto are
not conclusive.
  3. The powers vested in the port authority herein (including  but  not
limited  to  the  powers to acquire real property by condemnation and to
make or effectuate additions, improvements, approaches and  connections)
shall  be  continuing  powers and no exercise thereof shall be deemed to
exhaust them or any of them.
  4. Nothing herein contained shall be construed to affect, diminish  or
impair  the  rights  and obligations created by, or to repeal any of the
provisions of chapter three hundred and fifty-two of  the  laws  of  New
Jersey  of nineteen hundred twenty and chapter two hundred and sixty-two
of the laws of New Jersey of nineteen hundred twenty-four.
  5. If, however, any loss shall be suffered by or accrue  to  the  said
sinking  fund,  and  if,  after  the  making  of the payment by the port
authority to the state of  New  Jersey  as  hereinbefore  provided,  the
moneys in the said sinking fund shall at any time be or become less than
an  amount equal to the principal amount of the then currently outstand-
ing New Jersey Camden bridge-Holland tunnel bonds, or if the income  and
interest  currently  received from or currently accruing upon the moneys
in the said sinking fund shall be or  become  insufficient  to  pay  the
interest currently accruing upon or currently payable in connection with
the  aforesaid  New Jersey Camden bridge-Holland tunnel bonds, the state
of New Jersey represents and agrees that it will make good such deficits
out of sources other than revenues from the said Holland tunnel.
  6. The said payment by the port authority to the state of  New  Jersey
constitutes  repayment  for  all  moneys  contributed  by the said state
toward the cost of construction of the said  Holland  tunnel,  including
the  moneys diverted and appropriated by chapter three hundred and nine-
teen of the laws of New Jersey of nineteen hundred twenty-six and  chap-
ter  fifty-eight  of  the laws of New Jersey of nineteen hundred twenty-
seven from the road fund, created by chapter fifteen of the laws of  New
Jersey  of nineteen hundred seventeen. The requirement of chapter fifty-
eight of the laws of New Jersey of nineteen  hundred  twenty-seven  that
the  said  moneys  diverted and appropriated by the said statutes of the
state of New Jersey shall be returned and  credited  to  the  said  road
fund,  with  interest,  shall be and shall be deemed to be satisfied and
discharged so far as it relates to the revenues arising from the  opera-
tion of the said Holland tunnel.
  7.  The  provisions  of  this  section shall constitute a covenant and
agreement by the state of New York with the state  of  New  Jersey,  the
port  authority and the holders of any bonds or other obligations of the
port authority, as security for which the tolls  and  revenues  of  said
Holland tunnel may be pledged.
  8.  Nothing  herein  contained shall be construed to impair in any way
the obligation of the port authority to repay to the two states  any  or
all  advances  made  by  them  to  the  port  authority in aid of bridge
construction.

S. 6478                            27

                               ARTICLE IV
          THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
                           NEW JERSEY COMPACT
Section 400. Compact.
  S 400. Compact. The "waterfront and airport commission of New York and
New Jersey compact" as first enacted by chapter eight hundred eighty-two
of  the laws of nineteen hundred fifty-three is hereby continued to read
as follows:
                                 PART I

  Section 1. Compact.   The state of New York  hereby  agrees  with  the
state  of  New  Jersey, upon the enactment by the state of New Jersey of
legislation having the same effect as this  section,  to  the  following
compact:

                                ARTICLE I
                        FINDINGS AND DECLARATIONS

  1.  The states of New York and New Jersey hereby find and declare that
the conditions under which waterfront labor is employed within the  port
of New York district are depressing and degrading to such labor, result-
ing  from  the  lack  of  any  systematic  method of hiring, the lack of
adequate information as  to  the  availability  of  employment,  corrupt
hiring  practices  and  the fact that persons conducting such hiring are
frequently criminals and persons notoriously lacking in moral  character
and integrity and neither responsive or responsible to the employers nor
to the uncoerced will of the majority of the members of the labor organ-
izations  of the employees;  that as a result waterfront laborers suffer
from irregularity of employment, fear and insecurity,  inadequate  earn-
ings,  an unduly high accident rate, subjection to borrowing at usurious
rates of interest, exploitation and extortion as the price  of  securing
employment  and a loss of respect for the law;  that not only does there
result a destruction of the dignity of an important segment of  American
labor,  but  a  direct  encouragement  of  crime which imposes a levy of
greatly increased costs on food, fuel and other necessaries  handled  in
and through the port of New York district.
  2.  The states of New York and New Jersey hereby find and declare that
many of the evils above described result not only from the causes  above
described  but  from  the practices of public loaders at piers and other
waterfront terminals;  that such public loaders serve no valid  economic
purpose and operate as parasites exacting a high and unwarranted toll on
the  flow  of commerce in and through the port of New York district, and
have used force and engaged in  discriminatory  and  coercive  practices
including  extortion  against  persons not desiring to employ them;  and
that the function of loading and unloading trucks and other  land  vehi-
cles  at  piers  and  other  waterfront  terminals  can  and  should  be
performed, as in every other major American port, without the evils  and
abuses  of  the  public loader system, and by the carriers of freight by
water, stevedores and operators  of  such  piers  and  other  waterfront
terminals or the operators of such trucks or other land vehicles.
  3.  The states of New York and New Jersey hereby find and declare that
many of the evils above described result not only from the causes  above
described  but  from  the lack of regulation of the occupation of steve-
dores;  that such stevedores have engaged in corrupt practices to induce
their hire by carriers of freight by water and to  induce  officers  and

S. 6478                            28

representatives  of  labor  organizations  to  betray their trust to the
members of such labor organizations.
  4.  The states of New York and New Jersey hereby find and declare that
the  occupations  of  longshoremen,  stevedores,  pier  superintendents,
hiring  agents  and  port  watchmen  are affected with a public interest
requiring their regulation and that such regulation shall be  deemed  an
exercise of the police power of the two states for the protection of the
public  safety, welfare, prosperity, health, peace and living conditions
of the people of the two states.

                               ARTICLE II
                               DEFINITIONS

  As used in this compact:
  1. "The port of New York district" shall mean the district created  by
article  II of the compact dated April thirtieth, nineteen hundred twen-
ty-one, between the states of New York and  New  Jersey,  authorized  by
chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
hundred twenty-one and chapter one hundred fifty-one of the laws of  New
Jersey of nineteen hundred twenty-one and as continued by article one of
this chapter.
  2.  "Commission"  shall  mean the waterfront and airport commission of
New York and New Jersey established by article III of this compact.
  3. "Pier" shall include any wharf, pier, dock or quay.
  4. "Other waterfront terminal" shall include any warehouse,  depot  or
other  terminal (other than a pier) which is located within one thousand
yards of any pier in the port of New York district and which is used for
waterborne freight in whole or substantial part.
  5. "Person" shall mean not only a natural person but also any partner-
ship, joint venture, association, corporation or any other legal  entity
but  shall not include the United States, any state or territory thereof
or any department, division, board, commission or authority  of  one  or
more of the foregoing.
  6.  "Carrier  of  freight  by  water" shall mean any person who may be
engaged or who may hold himself out as willing to be engaged, whether as
a common carrier,  as  a  contract  carrier  or  otherwise  (except  for
carriage  of  liquid  cargoes  in  bulk in tank vessels designed for use
exclusively in such  service  or  carriage  by  barge  of  bulk  cargoes
consisting of only a single commodity loaded or carried without wrappers
or  containers  and delivered by the carrier without transportation mark
or count) in the carriage of freight by water between any point  in  the
port of New York district and a point outside said district.
  7. "Waterborne freight" shall mean freight carried by or consigned for
carriage by carriers of freight by water.
  8.  "Longshoreman"  shall  mean  a natural person, other than a hiring
agent, who is employed for work at a pier or other waterfront  terminal,
either by a carrier of freight by water or by a stevedore:
  (a) physically to move waterborne freight on vessels berthed at piers,
on piers or at other waterfront terminals, or
  (b)  to engage in direct and immediate checking of any such freight or
of the custodial accounting therefor or in the recording  or  tabulation
of  the  hours  worked at piers or other waterfront terminals by natural
persons employed by carriers of freight by water or stevedores, or
  (c) to supervise directly and immediately others who are  employed  as
in subdivision (a) of this section.

S. 6478                            29

  9.  "Pier  superintendent"  shall mean any natural person other than a
longshoreman who is employed for work at  a  pier  or  other  waterfront
terminal  by a carrier of freight by water or a stevedore and whose work
at such pier or other  waterfront  terminal  includes  the  supervision,
directly or indirectly, of the work of longshoremen.
  10.  "Port  watchman"  shall include any watchman, gateman, roundsman,
detective, guard, guardian or protector  of  property  employed  by  the
operator  of  any  pier  or other waterfront terminal or by a carrier of
freight by water to perform services in such capacity  on  any  pier  or
other waterfront terminal.
  11.  "Longshoremen's  register"  shall  mean  the register of eligible
longshoremen compiled and maintained by the commission pursuant to arti-
cle VIII of this compact.
  12. "Stevedore" shall mean a contractor (not  including  an  employee)
engaged  for  compensation  pursuant to a contract or arrangement with a
carrier of freight by water, in moving  waterborne  freight  carried  or
consigned  for  carriage  by  such  carrier  on  vessels of such carrier
berthed at piers, on piers at which such vessels are berthed or at other
waterfront terminals.
  13. "Hiring agent" shall mean any natural person, who on behalf  of  a
carrier of freight by water or a stevedore shall select any longshoreman
for employment.
  14.  "Compact"  shall  mean  this  compact  and  rules  or regulations
lawfully promulgated thereunder.

                               ARTICLE III
      WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND NEW JERSEY

  1. There is hereby created the waterfront and  airport  commission  of
New York and New Jersey, which shall be a body corporate and politic, an
instrumentality of the states of New York and New Jersey.
  2.  The  commission shall consist of four members, two to be chosen by
the state of New Jersey and two to be chosen by the state of  New  York.
The  members  representing each state shall be appointed by the governor
of such state with the advice and consent of the senate thereof, without
regard to the state of residence of  such  members,  and  shall  receive
compensation  to  be  fixed  by the governor of such state.  The term of
office of each member shall be for four years; provided,  however,  that
the  two  present  members  of the commission heretofore appointed shall
continue to serve as members until  the  expiration  of  the  respective
terms  for  which  they  were  appointed,  that  the term of the two new
members shall expire on June thirtieth, nineteen hundred  seventy-three,
and  that the term of the successors to the present members shall expire
on June thirtieth, nineteen hundred seventy-five.    Each  member  shall
hold  office  until  his  successor  has  been  appointed and qualified.
Vacancies in office shall be filled for the  balance  of  the  unexpired
term in the same manner as original appointments.
  3. Three members of the commission shall constitute a quorum;  but the
commission  shall  act  only by a majority vote of all its members.  Any
member may, by written instrument filed in the office of the commission,
designate any officer or employee of the commission to act in his  place
as  a  member  whenever  he  shall  be unable to attend a meeting of the
commission.  A vacancy in the office of a member shall not  impair  such
designation  until  the  vacancy shall have been filled.  The commission
shall elect one of its members to serve as chairman for a  term  of  one
year;    provided,  however,  that  the term of the first chairman shall

S. 6478                            30

expire on June thirtieth, nineteen hundred seventy-one.    The  chairman
shall  represent  a  state other than the state represented by the imme-
diately preceding chairman.

                               ARTICLE IV
                      GENERAL POWERS OF COMMISSION

  In  addition  to  the  powers  and duties elsewhere prescribed in this
compact, the commission shall have the power:
  1. To sue and be sued;
  2. To have a seal and alter the same at pleasure;
  3. To acquire, hold and dispose of real and personal property by gift,
purchase, lease, license or other  similar  manner,  for  its  corporate
purposes;
  4.  To  determine the location, size and suitability of accommodations
necessary and desirable for the establishment  and  maintenance  of  the
employment  information  centers provided in article XII of this compact
and for administrative offices for the commission;
  5. To appoint such officers, agents  and  employees  as  it  may  deem
necessary,  prescribe  their  powers,  duties and qualifications and fix
their compensation and retain and employ counsel and private consultants
on a contract basis or otherwise;
  6. To administer and enforce the provisions of this compact;
  7. To make and enforce such rules and regulations  as  the  commission
may  deem  necessary  to  effectuate  the purposes of this compact or to
prevent the circumvention or  evasion  thereof,  to  be  effective  upon
publication  in the manner which the commission shall prescribe and upon
filing in the office of the secretary of state of each state.  A  certi-
fied  copy  of  any  such  rules  and  regulations, attested as true and
correct by the commission, shall be presumptive evidence of the  regular
making, adoption, approval and publication thereof;
  8.  By  its  members  and its properly designated officers, agents and
employees, to administer oaths and issue subpoenas to compel the attend-
ance of witnesses and the giving of  testimony  and  the  production  of
other evidence;
  9.  To  have  for  its  members  and its properly designated officers,
agents and employees, full and free access, ingress and  egress  to  and
from  all  vessels, piers and other waterfront terminals or other places
in the port of New York district, for the purposes of making  inspection
or  enforcing  the  provisions  of  this  compact;   and no person shall
obstruct or in any way interfere with any such member, officer, employee
or agent in the making of such inspection, or in the enforcement of  the
provisions  of  this compact or in the performance of any other power or
duty under this compact;
  10. To recover possession of any suspended or revoked  license  issued
under this compact;
  11. To make investigations, collect and compile information concerning
waterfront  practices generally within the port of New York district and
upon all matters relating to the accomplishment  of  the  objectives  of
this compact;
  12.  To  advise and consult with representatives of labor and industry
and with public officials and agencies concerned with  the  effectuation
of  the  purposes of this compact, upon all matters which the commission
may desire, including but not limited to the form and substance of rules
and regulations, the administration of the compact, maintenance  of  the
longshoremen's register, and issuance and revocation of licenses;

S. 6478                            31

  13. To make annual and other reports to the governors and legislatures
of  both  states  containing  recommendations for the improvement of the
conditions of waterfront labor within the port of New York district, for
the alleviation of the evils described in article I and for the effectu-
ation  of the purposes of this compact.  Such annual reports shall state
the commission's finding and determination  as  to  whether  the  public
necessity  still exists for (a) the continued registration of longshore-
men, (b)  the  continued  licensing  of  any  occupation  or  employment
required to be licensed hereunder and (c) the continued public operation
of  the  employment  information  centers provided for in article XII of
this compact;
  14. To cooperate with  and  receive  from  any  department,  division,
bureau, board, commission, or agency of either or both states, or of any
county  or municipality thereof, such assistance and data as will enable
it properly to carry out its  powers  and  duties  hereunder;    and  to
request  any  such  department,  division, bureau, board, commission, or
agency, with the consent thereof, to execute such of its  functions  and
powers, as the public interest may require.
  15.  The powers and duties of the commission may be exercised by offi-
cers, employees and agents designated by them, except the power to  make
rules and regulations.  The commission shall have such additional powers
and duties as may hereafter be delegated to or imposed upon it from time
to time by the action of the legislature of either state concurred in by
the legislature of the other.

                                ARTICLE V
                 PIER SUPERINTENDENTS AND HIRING AGENTS

  1.  On  or  after  the  first day of December, nineteen hundred fifty-
three, no person shall act as a pier superintendent or as a hiring agent
within the port of New York district without first having obtained  from
the  commission  a  license to act as such pier superintendent or hiring
agent, as the case may be, and no person shall employ or engage  another
person  to  act  as  a pier superintendent or hiring agent who is not so
licensed.
  2. A license to act as a pier superintendent or hiring agent shall  be
issued  only  upon  the  written  application, under oath, of the person
proposing to employ or engage another person to act as such pier  super-
intendent  or  hiring  agent, verified by the prospective licensee as to
the matters concerning him, and shall state the following:
  (a) The full name and business address of the applicant;
  (b) The full name, residence, business address  (if  any),  place  and
date of birth and social security number of the prospective licensee;
  (c)  The present and previous occupations of the prospective licensee,
including the places where he was employed and the names of his  employ-
ers;
  (d)  Such further facts and evidence as may be required by the commis-
sion to ascertain the character, integrity and identity of the  prospec-
tive licensee;  and
  (e)  That  if  a  license  is  issued to the prospective licensee, the
applicant will employ such licensee as  pier  superintendent  or  hiring
agent, as the case may be.
  3. No such license shall be granted
  (a)  Unless  the  commission  shall  be satisfied that the prospective
licensee possesses good character and integrity;

S. 6478                            32

  (b) If the prospective licensee has, without subsequent  pardon,  been
convicted  by  a  court  of the United States, or any state or territory
thereof, of the commission of, or the attempt or conspiracy  to  commit,
treason,  murder,  manslaughter or any felony or high misdemeanor or any
of  the following misdemeanors or offenses: illegally using, carrying or
possessing a pistol or other  dangerous  weapon;  making  or  possessing
burglar's  instruments;  buying  or  receiving stolen property; unlawful
entry of a building; aiding an escape from prison;  unlawfully  possess-
ing,  possessing  with  intent  to distribute, sale or distribution of a
controlled dangerous substance (controlled substance) or, in New Jersey,
a controlled dangerous substance analog (controlled  substance  analog);
and  violation of this compact. Any such prospective licensee ineligible
for a license by reason of any such conviction may  submit  satisfactory
evidence  to  the  commission  that he has for a period of not less than
five years, measured as hereinafter provided, and  up  to  the  time  of
application,  so  conducted  himself  as  to  warrant  the grant of such
license, in which event the commission may, in its discretion, issue  an
order  removing  such  ineligibility. The aforesaid period of five years
shall be measured either from the date of payment of  any  fine  imposed
upon  such  person or the suspension of sentence or from the date of his
unrevoked release from custody by parole, commutation or termination  of
his sentence;
  (c)  If  the  prospective licensee knowingly or wilfully advocates the
desirability of overthrowing or destroying the government of the  United
States  by force or violence or shall be a member of a group which advo-
cates such desirability, knowing the purposes of such group include such
advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be satisfied therefrom  that  the  prospective
licensee  possesses  the  qualifications  and requirements prescribed in
this article, the commission shall issue and deliver to the  prospective
licensee a license to act as pier superintendent or hiring agent for the
applicant,  as  the  case  may be, and shall inform the applicant of his
action.  The commission may issue a temporary permit to any  prospective
licensee  for  a  license  under  the provisions of this article pending
final action on an application made for such a license.  Any such permit
shall be valid for a period not in excess of thirty days.
  5. No person shall be licensed to act  as  a  pier  superintendent  or
hiring  agent  for  more  than  one employer, except at a single pier or
other  waterfront  terminal,  but  nothing  in  this  article  shall  be
construed  to  limit  in  any  way the number of pier superintendents or
hiring agents any employer may employ.
  6. A license granted pursuant to this article shall  continue  through
the duration of the licensee's employment by the employer who shall have
applied for his license.
  7.  Any  license  issued  pursuant  to  this article may be revoked or
suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of  the  following
offenses:
  (a)  Conviction of a crime or act by the licensee or other cause which
would require or permit his disqualification from  receiving  a  license
upon original application;
  (b)  Fraud, deceit or misrepresentation in securing the license, or in
the conduct of the licensed activity;
  (c) Violation of any of the provisions of this compact;

S. 6478                            33

  (d) Conviction of a crime involving unlawfully possessing,  possession
with  intent to distribute, sale or distribution of a controlled danger-
ous substance (controlled substance) or, in  New  Jersey,  a  controlled
dangerous substance analog (controlled substance analog);
  (e)  Employing,  hiring  or  procuring any person in violation of this
compact or inducing or  otherwise  aiding  or  abetting  any  person  to
violate the terms of this compact;
  (f)  Paying, giving, causing to be paid or given or offering to pay or
give to any person any  valuable  consideration  to  induce  such  other
person  to violate any provision of this compact or to induce any public
officer, agent or employee to fail to perform his duty hereunder;
  (g) Consorting with known criminals for an unlawful purpose;
  (h) Transfer or surrender of possession of the license to  any  person
either temporarily or permanently without satisfactory explanation;
  (i) False impersonation of another licensee under this compact;
  (j) Receipt or solicitation of anything of value from any person other
than  the  licensee's  employer  as  consideration  for the selection or
retention for employment of any longshoreman;
  (k) Coercion of a longshoreman by threat of discrimination or violence
or economic reprisal, to make purchases from or to utilize the  services
of any person;
  (l)  Lending  any  money to or borrowing any money from a longshoreman
for which there is a charge of interest or other consideration;  and
  (m) Membership in a labor organization which  represents  longshoremen
or  port  watchmen;    but  nothing  in  this section shall be deemed to
prohibit pier superintendents or hiring agents from being represented by
a labor organization or organizations which do not also represent  long-
shoremen  or  port  watchmen.    The  American  Federation of Labor, the
Congress of Industrial Organizations and any other  similar  federation,
congress or other organization of national or international occupational
or  industrial  labor organizations shall not be considered an organiza-
tion which represents longshoremen or port watchmen within  the  meaning
of  this  section  although  one  of  the federated or constituent labor
organizations thereof may represent longshoremen or port watchmen.

                               ARTICLE VI
                               STEVEDORES

  1. On or after the first day  of  December,  nineteen  hundred  fifty-
three,  no  person  shall act as a stevedore within the port of New York
district without having first obtained a license  from  the  commission,
and no person shall employ a stevedore to perform services as such with-
in the port of New York district unless the stevedore is so licensed.
  2.  Any  person intending to act as a stevedore within the port of New
York district shall file in the  office  of  the  commission  a  written
application  for a license to engage in such occupation, duly signed and
verified as follows:
  (a) If the applicant is a natural person,  the  application  shall  be
signed  and  verified  by such person and if the applicant is a partner-
ship, the application shall be  signed  and  verified  by  each  natural
person  composing or intending to compose such partnership. The applica-
tion shall state the full name, age,  residence,  business  address  (if
any), present and previous occupations of each natural person so signing
the  same,  and  any  other facts and evidence as may be required by the
commission to ascertain the character, integrity and  identity  of  each
natural person so signing such application.

S. 6478                            34

  (b) If the applicant is a corporation, the application shall be signed
and  verified  by  the  president,  secretary and treasurer thereof, and
shall specify the name of the corporation, the date  and  place  of  its
incorporation,  the  location  of  its  principal place of business, the
names and addresses of, and the amount of the stock held by stockholders
owning  5 per cent or more of any of the stock thereof, and of all offi-
cers (including all members of the board of directors).    The  require-
ments of subdivision (a) of this section as to a natural person who is a
member  of  a  partnership, and such requirements as may be specified in
rules and regulations promulgated by the commission, shall apply to each
such officer or stockholder and their successors in office  or  interest
as the case may be.
  (c)  In the event of the death, resignation or removal of any officer,
and in the event of any change in the list of stockholders who shall own
five per cent or more of the stock of the corporation, the secretary  of
such  corporation shall forthwith give notice of that fact in writing to
the commission, certified by said secretary.
  3. No such license shall be granted
  (a) If any person whose signature or name appears in  the  application
is  not the real party in interest required by section two of this arti-
cle to sign or to be identified in the application or if the  person  so
signing  or  named in the application is an undisclosed agent or trustee
for any such real party in interest;
  (b) Unless the commission shall be satisfied that  the  applicant  and
all  members,  officers and stockholders required by section two of this
article to sign or be identified in the application for license  possess
good character and integrity;
  (c)  Unless  the  applicant is either a natural person, partnership or
corporation;
  (d) Unless the applicant shall be a party to a contract then in  force
or which will take effect upon the issuance of a license, with a carrier
of  freight  by  water for the loading and unloading by the applicant of
one or more vessels of such carrier at a pier within  the  port  of  New
York district;
  (e) If the applicant or any member, officer or stockholder required by
section  two of this article to sign or be identified in the application
for license has, without subsequent pardon, been convicted by a court of
the United States or any state or territory thereof  of  the  commission
of, or the attempt or conspiracy to commit, treason, murder, manslaught-
er  or  any  felony  or  high  misdemeanor or any of the misdemeanors or
offenses described in subdivision (b) of section three of article  V  of
this  compact.  Any  applicant ineligible for a license by reason of any
such conviction may submit satisfactory evidence to the commission  that
the  person  whose  conviction  was the basis of ineligibility has for a
period of not less than five years, measured as hereinafter provided and
up to the time of application, so conducted himself as  to  warrant  the
grant  of  such  license,  in  which  event  the  commission may, in its
discretion issue an order removing  such  ineligibility.  The  aforesaid
period  of  five years shall be measured either from the date of payment
of any fine imposed upon such person or the suspension  of  sentence  or
from  the  date  of his unrevoked release from custody by parole, commu-
tation or termination of his sentence;
  (f) If, on or after July  first,  nineteen  hundred  fifty-three,  the
applicant  has paid, given, caused to have been paid or given or offered
to pay or give to any officer or employee of any carrier of  freight  by
water  any valuable consideration for an improper or unlawful purpose or

S. 6478                            35

to induce such person to procure the employment of the applicant by such
carrier for the performance of stevedoring services;
  (g)  If,  on  or  after  July first, nineteen hundred fifty-three, the
applicant has paid, given, caused to be paid or given or offered to  pay
or  give  to  any  officer or representative of a labor organization any
valuable consideration for an improper or unlawful purpose or to  induce
such  officer  or  representative  to  subordinate the interests of such
labor organization or its members in the management of  the  affairs  of
such labor organization to the interests of the applicant.
  4.  When  the  application  shall  have been examined and such further
inquiry and investigation made as the commission shall deem  proper  and
when  the  commission  shall  be  satisfied therefrom that the applicant
possesses the qualifications and requirements prescribed in  this  arti-
cle, the commission shall issue and deliver a license to such applicant.
The  commission  may  issue  a  temporary  permit to any applicant for a
license under the provisions of this article pending final action on  an
application made for such a license.  Any such permit shall be valid for
a period not in excess of thirty days.
  5.  A  license granted pursuant to this article shall be for a term of
two years or fraction of such two year period, and shall expire  on  the
first  day  of  December  of each odd numbered year. In the event of the
death of the licensee, if  a  natural  person,  or  its  termination  or
dissolution by reason of the death of a partner, if a partnership, or if
the  licensee  shall  cease  to  be  a party to any contract of the type
required by subdivision (d)  of  section  three  of  this  article,  the
license shall terminate ninety days after such event or upon its expira-
tion  date,  whichever  shall be sooner. A license may be renewed by the
commission for successive two year  periods  upon  fulfilling  the  same
requirements  as  are set forth in this article for an original applica-
tion.
  6. Any license issued pursuant to  this  article  may  be  revoked  or
suspended for such period as the commission deems in the public interest
or  the  licensee thereunder may be reprimanded for any of the following
offenses on the part of the  licensee  or  of  any  person  required  by
section  two  of  this  article  to sign or be identified in an original
application for a license:
  (a) Conviction of a crime or other cause which would permit or require
disqualification of the licensee from receiving a license upon  original
application;
  (b)  Fraud,  deceit or misrepresentation in securing the license or in
the conduct of the licensed activity;
  (c) Failure by the licensee to maintain a complete set  of  books  and
records  containing  a  true  and  accurate  account  of  the licensee's
receipts and disbursements arising out of his activities within the port
of New York district;
  (d) Failure to keep said books and records available  during  business
hours for inspection by the commission and its duly designated represen-
tatives  until  the  expiration of the fifth calendar year following the
calendar year during which occurred the transactions recorded therein;
  (e) Any other offense described in subdivisions (c) to (i)  inclusive,
of section seven of article V of this compact.

                               ARTICLE VII
                      PROHIBITION OF PUBLIC LOADING

S. 6478                            36

  1.  The states of New York and New Jersey hereby find and declare that
the transfer of cargo to and from trucks at piers and  other  waterfront
terminals  in  the port of New York district has resulted in vicious and
notorious abuses by persons commonly known as "public loaders." There is
compelling  evidence that such persons have exacted the payment of exor-
bitant charges for their  services,  real  and  alleged,  and  otherwise
extorted  large  sums  through  force, threats of violence, unauthorized
labor disturbances and other coercive activities, and that they had been
responsible for and  abetted  criminal  activities  on  the  waterfront.
These  practices  which  have developed in the port of New York district
impose unjustified costs on the handling of goods  in  and  through  the
port of New York district, and increase the prices paid by consumers for
food,  fuel  and other necessaries, and impair the economic stability of
the port of New York district.  It is the sense of the  legislatures  of
the  states  of  New York and New Jersey that these practices and condi-
tions must be eliminated to prevent grave injury to the welfare  of  the
people.
  2. It is hereby declared to be against the public policy of the states
of  New York and New Jersey and to be unlawful for any person to load or
unload waterborne freight onto or from vehicles other than railroad cars
at piers or at other waterfront terminals within the port  of  New  York
district,  for  a  fee  or  other compensation, other than the following
persons and their employees:
  (a) Carriers of freight by water, but only at  piers  at  which  their
vessels are berthed;
  (b)  Other carriers of freight (including but not limited to railroads
and truckers), but only in connection with freight transported or to  be
transported by such carriers;
  (c)  Operators of piers or other waterfront terminals (including rail-
roads, truck terminal operators, warehousemen and  other  persons),  but
only at piers or other waterfront terminals operated by them;
  (d)  Shippers  or  consignees  of freight, but only in connection with
freight shipped by such shipper or consigned to such consignee;
  (e) Stevedores licensed under article VI of this compact,  whether  or
not such waterborne freight has been or is to be transported by a carri-
er  of  freight by water with which such stevedore shall have a contract
of the type prescribed by subdivision (d) of section 3 of article VI  of
this compact.
  Nothing herein contained shall be deemed to permit any such loading or
unloading  of  any waterborne freight at any place by any such person by
means of any independent contractor, or any other agent  other  than  an
employee,  unless  such  independent contractor is a person permitted by
this article to load or unload such freight at such  place  in  his  own
right.

                              ARTICLE VIII
                              LONGSHOREMEN

  1.  The  commission shall establish a longshoremen's register in which
shall be included all qualified longshoremen  eligible,  as  hereinafter
provided, for employment as such in the port of New York district. On or
after the first day of December, nineteen hundred fifty-three, no person
shall  act as a longshoreman within the port of New York district unless
at the time he is included in the longshoremen's register, and no person
shall employ another to work as a longshoreman within the  port  of  New

S. 6478                            37

York  district  unless  at the time such other person is included in the
longshoremen's register.
  2.  Any  person  applying for inclusion in the longshoremen's register
shall file at such place and in such  manner  as  the  commission  shall
designate  a  written  statement,  signed  and  verified by such person,
setting forth his full name, residence address, social security  number,
and  such  further facts and evidence as the commission may prescribe to
establish the identity of such person and his criminal record, if any.
  3. The commission may in its discretion deny application for inclusion
in the longshoremen's register by a person
  (a) Who has been convicted by a court of  the  United  States  or  any
state  or  territory  thereof,  without  subsequent  pardon, of treason,
murder, manslaughter or of any felony or high misdemeanor or of  any  of
the  misdemeanors  or  offenses  described in subdivision (b) of section
three of article V of this compact or of attempt or conspiracy to commit
any of such crimes;
  (b) Who knowingly or willingly advocates  the  desirability  of  over-
throwing  or  destroying the government of the United States by force or
violence or who shall be a member of a group which advocates such desir-
ability knowing the purposes of such group include such advocacy;
  (c) Whose presence at 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.
  4. Unless the commission shall determine to exclude the applicant from
the  longshoremen's  register  on a ground set forth in section three of
this article it shall include such person in the  longshoremen's  regis-
ter.  The  commission may permit temporary registration of any applicant
under the provisions of this article pending final action on an applica-
tion made for such registration.  Any such temporary registration  shall
be valid for a period not in excess of thirty days.
  5.  The  commission  shall  have  power  to reprimand any longshoreman
registered under this article or to remove him from  the  longshoremen's
register  for such period of time as it deems in the public interest for
any of any following offenses:
  (a) Conviction of a crime or other cause which would permit  disquali-
fication  of  such  person from inclusion in the longshoremen's register
upon original application;
  (b) Fraud, deceit or misrepresentation in securing  inclusion  in  the
longshoremen's register;
  (c) Transfer or surrender of possession to any person either temporar-
ily  or  permanently of any card or other means of identification issued
by the commission as evidence of inclusion in the longshoremen's  regis-
ter, without satisfactory explanation;
  (d)  False impersonation of another longshoreman registered under this
article or of another person licensed under this compact;
  (e) Wilful commission of or wilful attempt to commit at or on a water-
front terminal or adjacent highway any act of  physical  injury  to  any
other  person  or  of  wilful damage to or misappropriation of any other
person's property, unless justified or excused by law;  and
  (f) Any other offense described in subdivisions (c) to  (f)  inclusive
of section seven of article V of this compact.
  6.  The  commission  shall have the right to recover possession of any
card or other means of identification issued as evidence of inclusion in
the longshoremen's register in the event that  the  holder  thereof  has
been removed from the longshoremen's register.

S. 6478                            38

  7.  Nothing  contained  in this article shall be construed to limit in
any way any rights of labor reserved by article XV of this compact.

                               ARTICLE IX
               REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT

  1. On or after the first day of December, nineteen hundred fifty-four,
the   commission   shall,   at   regular   intervals,  remove  from  the
longshoremen's register any person who shall have been registered for at
least nine months and who shall have failed  during  the  preceding  six
calendar  months  either to have worked as a longshoreman in the port of
New York district or to have applied for employment as a longshoreman at
an employment information center established under article XII  of  this
compact  for  such minimum number of days as shall have been established
by the commission pursuant to section two of this article.
  2. On or before the first day of June, nineteen hundred fifty-four and
on or before each succeeding first day of June or December, the  commis-
sion  shall,  for the purposes of section one of this article, establish
for the six-month period beginning on each such date a minimum number of
days and the distribution of such days during such period.
  3. In establishing any such minimum number  of  days  or  period,  the
commission shall observe the following standards:
  (a)  To  encourage  as  far  as  practicable the regularization of the
employment of longshoremen;
  (b) To bring the number of eligible  longshoremen  more  closely  into
balance  with  the demand for longshoremen's services within the port of
New York district without reducing the number of  eligible  longshoremen
below  that  necessary  to  meet the requirements of longshoremen in the
port of New York district;
  (c) To eliminate oppressive and evil hiring practices affecting  long-
shoremen and waterborne commerce in the port of New York district;
  (d)  To  eliminate  unlawful  practices injurious to waterfront labor;
and
  (e) To establish hiring practices and conditions which will permit the
termination of governmental regulation and intervention at the  earliest
opportunity.
  4.  A longshoreman who has been removed from the longshoremen's regis-
ter pursuant to this article may seek reinstatement upon fulfilling  the
same  requirements as for initial inclusion in the longshoremen's regis-
ter, but not before the expiration of one year from the date of removal,
except that immediate reinstatement shall be made  upon  proper  showing
that  the  registrant's  failure  to  work or apply for work the minimum
number of days above described was caused by the fact  that  the  regis-
trant  was  engaged  in the military service of the United States or was
incapacitated by ill health, physical injury, or other good cause.
  5. Notwithstanding any other provision of this article, the commission
shall at any time have the power to register longshoremen on a temporary
basis to meet special or emergency needs.

                                ARTICLE X
                              PORT WATCHMEN

  1. On or after the first day  of  December,  nineteen  hundred  fifty-
three,  no  person  shall  act as a port watchman within the port of New
York district without first having obtained a license from  the  commis-
sion, and no person shall employ a port watchman who is not so licensed.

S. 6478                            39

  2. A license to act as a port watchman shall be issued only upon writ-
ten application, duly verified, which shall state the following:
  (a)  The  full  name,  residence, business address (if any), place and
date of birth and social security number of the applicant;
  (b) The present and previous occupations of the  applicant,  including
the places where he was employed and the names of his employers;
  (c) The citizenship of the applicant and, if he is a naturalized citi-
zen of the United States, the court and date of his naturalization;  and
  (d)  Such further facts and evidence as may be required by the commis-
sion to ascertain the character, integrity and identity  of  the  appli-
cant.
  3. No such license shall be granted
  (a)  Unless  the  commission  shall  be  satisfied  that the applicant
possesses good character and integrity;
  (b) If the applicant has, without subsequent pardon, been convicted by
a court of the United States or of any state or territory thereof of the
commission of, or the attempt or conspiracy to commit, treason,  murder,
manslaughter  or  any felony or high misdemeanor or any of the misdemea-
nors or offenses described in subdivision (b) of section three of  arti-
cle V of this compact;
  (c) Unless the applicant shall meet such reasonable standards of phys-
ical and mental fitness for the discharge of his duties as may from time
to time be established by the commission;
  (d) If the applicant shall be a member of any labor organization which
represents  longshoremen  or  pier superintendents or hiring agents; but
nothing in this article shall be deemed to prohibit port  watchmen  from
being  represented by a labor organization or organizations which do not
also represent longshoremen or pier superintendents  or  hiring  agents.
The  American  Federation of Labor, the Congress of Industrial Organiza-
tions and any other similar federation, congress or  other  organization
of  national or international occupational or industrial labor organiza-
tions shall not be considered an  organization  which  represents  long-
shoremen  or pier superintendents or hiring agents within the meaning of
this section although one of the federated or constituent  labor  organ-
izations  thereof  may represent longshoremen or pier superintendents or
hiring agents;
  (e) If the applicant knowingly or wilfully advocates the  desirability
of  overthrowing  or  destroying  the government of the United States by
force or violence or shall be a member of a group which  advocates  such
desirability, knowing the purposes of such group include such advocacy.
  4.  When  the  application  shall  have been examined and such further
inquiry and investigation made as the commission shall deem  proper  and
when  the  commission  shall  be  satisfied therefrom that the applicant
possesses the qualifications and requirements prescribed by this article
and regulations issued pursuant thereto, the commission shall issue  and
deliver  a  license to the applicant.  The commission may issue a tempo-
rary permit to any applicant for a license under the provisions of  this
article  pending final action on an application made for such a license.
Any such permit shall be valid for a period  not  in  excess  of  thirty
days.
  5.  A  license  granted  pursuant to this article shall continue for a
term of three years.  A license may be renewed  by  the  commission  for
successive  three-year  periods upon fulfilling the same requirements as
are set forth in this article for an original application.
  6. Any license issued pursuant to  this  article  may  be  revoked  or
suspended for such period as the commission deems in the public interest

S. 6478                            40

or  the  licensee thereunder may be reprimanded for any of the following
offenses:
  (a) Conviction of a crime or other cause which would permit or require
his disqualification from receiving a license upon original application;
  (b) Fraud, deceit or misrepresentation in securing the license;  and
  (c) Any other offense described in subdivisions (c) to (i), inclusive,
of section seven of article V of this compact.

                               ARTICLE XI
                   HEARINGS, DETERMINATIONS AND REVIEW

  1.  The  commission  shall  not  deny any application for a license or
registration  without  giving  the  applicant  or  prospective  licensee
reasonable prior notice and an opportunity to be heard.
  2.   Any   application   for   a  license  or  for  inclusion  in  the
longshoremen's register, and any license issued  or  registration  made,
may be denied, revoked, cancelled, suspended as the case may be, only in
the manner prescribed in this article.
  3.  The  commission  may  on its own initiative or on complaint of any
person, including any public official or agency,  institute  proceedings
to revoke, cancel or suspend any license or registration after a hearing
at which the licensee or registrant and any person making such complaint
shall  be  given  an opportunity to be heard, provided that any order of
the commission revoking, cancelling or suspending any license or  regis-
tration  shall not become effective until fifteen days subsequent to the
serving of notice thereof upon the licensee or registrant unless in  the
opinion of the commission the continuance of the license or registration
for such period would be inimicable to the public peace or safety.  Such
hearings  shall  be  held  in such manner and upon such notice as may be
prescribed by the rules of the commission, but such notice shall  be  of
not less than ten days and shall state the nature of the complaint.
  4. Pending the determination of such hearing pursuant to section three
of  this  article  the  commission  may temporarily suspend a license or
registration if in the opinion of the commission the continuance of  the
license  or  registration  for  such  period is inimicable to the public
peace or safety.
  5. The commission, or such member, officer, employee or agent  of  the
commission  as  may  be  designated  by the commission for such purpose,
shall have the power to issue subpoenas  to  compel  the  attendance  of
witnesses  and  the  giving of testimony or production of other evidence
and to administer oaths in connection with any such hearing. It shall be
the duty of the commission or of any such member, officer,  employee  or
agent of the commission designated by the commission for such purpose to
issue  subpoenas  at  the  request  of  and upon behalf of the licensee,
registrant or applicant. The commission or such  person  conducting  the
hearing  shall not be bound by common law or statutory rules of evidence
or by technical or formal rules of procedure  in  the  conduct  of  such
hearing.
  6.  Upon the conclusion of the hearing, the commission shall take such
action upon such findings and determination as it deems proper and shall
execute an order carrying such findings into effect.  The action in  the
case of an application for a license or registration shall be the grant-
ing  or  denial thereof.   The action in the case of a licensee shall be
revocation of the license or suspension thereof for a  fixed  period  or
reprimand  or  a  dismissal of the charges.  The action in the case of a
registered longshoreman shall be dismissal of the charges, reprimand  or

S. 6478                            41

removal  from  the  longshoremen's register for a fixed period or perma-
nently.
  7.  The  action  of  the  commission  in denying any application for a
license or in refusing to  include  any  person  in  the  longshoremen's
register under this compact or in suspending or revoking such license or
removing  any person from the longshoremen's register or in reprimanding
a licensee or registrant shall  be  subject  to  judicial  review  by  a
proceeding  instituted in either state at the instance of the applicant,
licensee or registrant in the manner provided by the law of  such  state
for review of the final decision or action of administrative agencies of
such  state, provided, however, that notwithstanding any other provision
of law the court shall have power to stay for not more than thirty  days
an  order of the commission suspending or revoking a license or removing
a longshoreman from the longshoremen's register.

                               ARTICLE XII
                     EMPLOYMENT INFORMATION CENTERS

  1. The states of New York and New Jersey hereby find and declare  that
the  method  of employment of longshoremen and port watchmen in the port
of New York district, commonly known as the "shape-up", has resulted  in
vicious  and  notorious  abuses,  of  which such employees have been the
principal victims.  There is compelling evidence that the "shape-up" has
permitted and encouraged extortion from employees as the price of secur-
ing or retaining employment and has subjected such employees to  threats
of  violence,  unwilling  joinder in unauthorized labor disturbances and
criminal activities on the waterfront.  The "shape-up" has thus resulted
in a loss of fundamental rights and liberties of labor, has impaired the
economic stability of the port of New York  district  and  weakened  law
enforcement  therein.  It is the sense of the legislatures of the states
of New York and New Jersey that these practices and conditions  must  be
eliminated to prevent grave injury to the welfare of waterfront laborers
and  of  the  people at large and that the elimination of the "shape-up"
and the establishment of a system of employment information centers  are
necessary to a solution of these public problems.
  2.  The commission shall establish and maintain one or more employment
information centers in each state within the port of New  York  district
at  such  locations  as it may determine.   No person shall, directly or
indirectly, hire any person for work as a longshoreman or port  watchman
within  the  port  of  New York district, except through such particular
employment information center or centers as may  be  prescribed  by  the
commission.   No person shall accept any employment as a longshoreman or
port watchman within the port of New York district, except through  such
an  employment  information center.  At each such employment information
center the commission shall keep and exhibit the longshoremen's register
and any other records it shall determine to the  end  that  longshoremen
and  port  watchmen  shall  have the maximum information as to available
employment as such at any time within the port of New York district  and
to  the  end  that  employers shall have an adequate opportunity to fill
their requirements of registered longshoremen and port watchmen  at  all
times.
  3.  Every employer of longshoremen or port watchmen within the port of
New York district shall furnish such information as may be  required  by
the  rules  and  regulations prescribed by the commission with regard to
the name of each person hired as a longshoreman or  port  watchman,  the

S. 6478                            42

time  and  place  of  hiring, the time, place and hours of work, and the
compensation therefor.
  4. All wage payments to longshoremen or port watchmen for work as such
shall  be made by check or cash evidenced by a written voucher receipted
by the person to whom such cash is paid. The commission may arrange  for
the provision of facilities for cashing such checks.

                              ARTICLE XIII
                       EXPENSES OF ADMINISTRATION

  1. By concurrent legislation enacted by their respective legislatures,
the  two  states  may  provide from time to time for meeting the commis-
sion's expenses.   Until other provision shall  be  made,  such  expense
shall be met as authorized in this article.
  2.  The  commission  shall annually adopt a budget of its expenses for
each year.  Each budget shall be submitted to the governors of  the  two
states  and shall take effect as submitted provided that either governor
may within thirty days disapprove or reduce any item or items,  and  the
budget shall be adjusted accordingly.
  3. After taking into account such funds as may be available to it from
reserves,  federal  grants or otherwise, the balance of the commission's
budgeted expenses shall be assessed upon employers of persons registered
or licensed under this compact. Each such  employer  shall  pay  to  the
commission  as  assessment computed upon the gross payroll payments made
by such employer to longshoremen, pier  superintendents,  hiring  agents
and  port  watchmen  for  work or labor performed within the port of New
York district, at a rate, not in excess of two per cent, computed by the
commission in the following manner; the commission shall annually  esti-
mate  the  gross  payroll  payments  to  be made by employers subject to
assessment and shall compute a rate thereon which  will  yield  revenues
sufficient to finance the commission's budget for each year.  Such budg-
et  may  include a reasonable amount for a reserve but such amount shall
not exceed ten per cent of the total of all other items  of  expenditure
contained  therein.  Such reserve shall be used for the stabilization of
annual assessments, the payment of operating deficits and for the repay-
ment of advances made by the two states.
  4. The amount required to balance the commission's budget,  in  excess
of  the estimated yield of the maximum assessment, shall be certified by
the commission, with the approval of the respective  governors,  to  the
legislatures  of  the two states, in proportion to the gross annual wage
payments made to longshoremen for work in each state within the port  of
New  York district.   The legislatures shall annually appropriate to the
commission the amount so certified.
  5. The commission may provide by regulation  for  the  collection  and
auditing  of  assessments.   Such assessments hereunder shall be payable
pursuant to such provisions for administration, collection and  enforce-
ment  as  the states may provide by concurrent legislation.  In addition
to any other sanction provided by law,  the  commission  may  revoke  or
suspend any license held by any person under this compact, or his privi-
lege of employing persons registered or licensed hereunder, for non-pay-
ment of any assessment when due.
  6.  The  assessment hereunder shall be in lieu of any other charge for
the issuance of licenses to  stevedores,  pier  superintendents,  hiring
agents  and pier watchmen or for the registration of longshoremen or the
use of an employment information center.  The commission shall establish
reasonable procedures for the  consideration  of  protests  by  affected

S. 6478                            43

employers  concerning  the  estimates  and  computation  of  the rate of
assessment.

                               ARTICLE XIV
               GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES

  1.  The  failure  of any witness, when duly subpoenaed to attend, give
testimony or produce other evidence, whether or not at a hearing,  shall
be  punishable by the superior court in New Jersey and the supreme court
in New York in the same manner as said failure  is  punishable  by  such
court in a case therein pending.
  2.  Any  person who, having been sworn or affirmed as a witness in any
such hearing, shall wilfully give false testimony or who shall  wilfully
make  or  file  any  false or fraudulent report or statement required by
this compact to be made or filed under oath, shall be guilty of a misde-
meanor, punishable by a fine of not more than one  thousand  dollars  or
imprisonment for not more than one year or both.
  3.  Any  person  who  violates or attempts or conspires to violate any
other provision of this compact shall be punishable as may  be  provided
by the two states by action of the legislature of either state concurred
in by the legislature of the other.
  4.  Any person who interferes with or impedes the orderly registration
of longshoremen pursuant to this compact or who conspires to or attempts
to interfere with or impede such registration shall be punishable as may
be provided by the two states by action of  the  legislature  of  either
state concurred in by the legislature of the other.
  5.  Any  person  who  directly  or indirectly inflicts or threatens to
inflict any injury, damage, harm or loss or in any  other  manner  prac-
tices  intimidation  upon  or  against  any person in order to induce or
compel such person or any  other  person  to  refrain  from  registering
pursuant  to  this compact shall be punishable as may be provided by the
two states by action of the legislature of either state concurred in  by
the legislature of the other.
  6.  In  any  prosecution under this compact, it shall be sufficient to
prove only a single act (or a single holding out or attempt)  prohibited
by law, without having to prove a general course of conduct, in order to
prove a violation.

                               ARTICLE XV
                    COLLECTIVE BARGAINING SAFEGUARDED

  1. This compact is not designed and shall not be construed to limit in
any way any rights granted or derived from any other statute or any rule
of  law  for  employees  to  organize in labor organizations, to bargain
collectively and to act in any other way individually, collectively, and
through labor organizations or other representatives of their own choos-
ing.    Without  limiting  the  generality  of  the  foregoing,  nothing
contained  in  this  compact  shall be construed to limit in any way the
right of employees to strike.
  2. This compact is not designed and shall not be construed to limit in
any way any rights of longshoremen, hiring agents, pier  superintendents
or  port  watchmen  or their employers to bargain collectively and agree
upon any method for the selection of such employees by way of seniority,
experience, regular gangs or otherwise,  provided  that  such  employees
shall be licensed or registered hereunder and such longshoremen and port
watchmen  shall be hired only through the employment information centers

S. 6478                            44

established hereunder and that all other provisions of this  compact  be
observed.

                               ARTICLE XVI
                  AMENDMENTS; CONSTRUCTION; SHORT TITLE

  1.  Amendments  and  supplements  to  this  compact  to  implement the
purposes thereof may be adopted by the  action  of  the  legislature  of
either state concurred in by the legislature of the other.
  2. If any part or provision of this compact or the application thereof
to  any  person  or  circumstances  be  adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the part, provision or application directly involved in  the  contro-
versy  in  which  such  judgment  shall have been rendered and shall not
affect or impair the validity of the remainder of this  compact  or  the
application thereof to other persons or circumstances and the two states
hereby  declare  that  they  would have entered into this compact or the
remainder thereof had the invalidity of such  provision  or  application
thereof been apparent.
  3.  In  accordance  with the ordinary rules for construction of inter-
state compacts this compact shall be liberally  construed  to  eliminate
the evils described therein and to effectuate the purposes thereof.
  4.  This  compact  shall  be known and may be cited as the "Waterfront
Commission Compact."
                                 PART II

  S 2. Expenses of administration.   1.  Every  person  subject  to  the
payment of any assessment under the provisions of section three of arti-
cle XIII of the compact established by part I of this article shall file
on or before the fifteenth day of the first month of each calendar quar-
ter-year  a separate return, together with the payment of the assessment
due, for the preceding calendar quarter-year during  which  any  payroll
payments  were made to longshoremen, pier superintendents, hiring agents
or port watchmen  for  work  performed  as  such  within  the  district.
Returns  covering  the  amount of assessment payable shall be filed with
the commission on forms to be  furnished  for  such  purpose  and  shall
contain  such  data, information or matter as the commission may require
to be included therein.  The commission may grant a reasonable extension
of time for filing returns, or for the payment of  assessment,  whenever
good  cause  exists.   Every return shall have annexed thereto a certif-
ication to the effect that the statements contained therein are true.
  2. Every person subject to the payment of assessment  hereunder  shall
keep  an  accurate record of his employment of longshoremen, pier super-
intendents, hiring agents or port watchmen, which shall show the  amount
of  compensation  paid  and such other information as the commission may
require.  Such records shall be preserved for a period  of  three  years
and  be  open  for  inspection at reasonable times.   The commission may
consent to the destruction of any such records at any  time  after  said
period or may require that they be kept longer, but not in excess of six
years.
  3.  (a) The commission shall audit and determine the amount of assess-
ment due from the return filed and such other information as  is  avail-
able  to  it.    Whenever  a  deficiency in payment of the assessment is
determined the commission shall give notice of any such determination to
the person liable  therefor.    Such  determination  shall  finally  and
conclusively  fix  the  amount due, unless the person against whom it is

S. 6478                            45

assessed shall, within thirty days after the giving of  notice  of  such
determination,  apply  in  writing  to  the commission for a hearing, or
unless the commission on its own motion shall reduce the  same.    After
such  hearing,  the  commission shall give notice of its decision to the
person liable therefor.  A determination of the  commission  under  this
section  shall  be  subject  to judicial review, if application for such
review is made within thirty days after the giving  of  notice  of  such
decision.    Any  determination  under this section shall be made within
five years from the time the return was filed and if no return was filed
such determination may be made at any time.
  (b) Any notice authorized or required under this section may be  given
by  mailing  the  same to the person for whom it is intended at the last
address given by him to the commission, or in the last return  filed  by
him  with  the  commission under this section, or, if no return has been
filed then to such address as may be obtainable.   The mailing  of  such
notice  shall  be  presumptive  evidence  of  the receipt of same by the
person to whom addressed.   Any period  of  time,  which  is  determined
according  to  the  provision  of this section, for the giving of notice
shall commence to run from the date of mailing of such notice.
  4. Whenever any person shall fail to  pay,  within  the  time  limited
herein,  any  assessment  which  he is required to pay to the commission
under the provisions of this section the commission may enforce  payment
of  such  fee  by  civil  action  for the amount of such assessment with
interest and penalties.
  5. The employment by a nonresident of a longshoreman,  or  a  licensed
pier  superintendent,  hiring  agent or port watchman in either state or
the designation by a nonresident of a longshoreman, pier superintendent,
hiring agent or port watchman to perform work in  such  state  shall  be
deemed equivalent to an appointment by such nonresident of the secretary
of  state of such state to be his true and lawful attorney upon whom may
be served the process in any action or proceeding  against  him  growing
out  of  any  liability  for  assessments,  penalties or interest, and a
consent that any such process against him which is so served shall be of
the same legal force and validity as if served on him personally  within
such  state  and  within  the territorial jurisdiction of the court from
which the process issues.  Service of process within either state  shall
be  made  by  either  (1)  personally delivering to and leaving with the
secretary of state or a deputy secretary of state of such  state  dupli-
cate  copies  thereof  at  the  office of the department of state in the
capitol city of such state, in which event such secretary of state shall
forthwith send by registered mail one of such copies to  the  person  at
the  last  address  designated  by him to the commission for any purpose
under this section or in the last return filed by him under this section
with the commission or as shown on the records of the commission, or  if
no  return  has  been filed, at  his last known office address within or
without such state, or (2) personally delivering to and leaving with the
secretary of state or a deputy secretary of state of such state  a  copy
thereof  at the office of the department of state in the capitol city of
such state and by delivering a copy thereof to  the  person,  personally
without  such state.   Proof of such personal service without such state
shall be filed with the clerk of the court in which the process is pend-
ing within thirty days after such service  and  such  service  shall  be
complete ten days after proof thereof is filed.
  6. Whenever the commission shall determine that any moneys received as
assessments  were  paid  in error, it may cause the same to be refunded,

S. 6478                            46

provided an application therefor is filed with the commission within two
years from the time the erroneous payment was made.
  7.  In  addition to any other powers authorized hereunder, the commis-
sion shall have power to make reasonable rules and regulations to effec-
tuate the purposes of this section.
  8. When any person shall wilfully fail to pay any assessment due here-
under he shall be assessed interest at a rate of one per cent per  month
on  the  amount  due  and  unpaid  and penalties of five per cent of the
amount due for each thirty days or  part  thereof  that  the  assessment
remains unpaid.  The commission, may, for good cause shown, abate all or
part of such penalty.
  9.  Any person who shall wilfully furnish false or fraudulent informa-
tion or  shall  wilfully  fail  to  furnish  pertinent  information,  as
required,  with respect to the amount of assessment due, shall be guilty
of a misdemeanor, punishable by a fine of not  more  than  one  thousand
dollars, or imprisonment for not more than one year, or both.
  10. All funds of the commission shall be deposited with such responsi-
ble  banks  or  trust  companies as may be designated by the commission.
The commission may require that all such deposits be  secured  by  obli-
gations  of the United States or of the states of New York or New Jersey
of a market value equal at all times to the amount of the deposits,  and
all  banks  and trust companies are authorized to give such security for
such deposits.  The moneys so deposited shall be withdrawn only by check
signed by both members of the commission or by such  other  officers  or
employees of the commission as it may from time to time designate.
  11.  The  accounts, books and records of the commission, including its
receipts, disbursements, contracts, leases, investments  and  any  other
matters relating to its financial standing shall be examined and audited
annually  by independent auditors to be retained for such purpose by the
commission.
  S 3. The commission shall reimburse each state for any funds  advanced
to  the  commission  exclusive  of sums appropriated pursuant to section
four of article XIII of the compact established by part  I  of  of  this
article.
  S 4. Penalties.  Any person who shall violate any of the provisions of
the compact or of section two of this part for which no other penalty is
prescribed shall be guilty of a misdemeanor, punishable by a fine of not
more  than five hundred dollars or by imprisonment for not more than one
year, or both.
  S 5. Federal funds.  1. The waterfront commission of New  York  harbor
is  hereby  designated on its own behalf or as agent of the state of New
York and the state of New Jersey, as provided by the act of the congress
of the United States, effective June  sixth,  nineteen  hundred  thirty-
three,  entitled  "An act to provide for the establishment of a national
employment system and for cooperating with the states in  the  promotion
of  such  system  and for other purposes" as amended, for the purpose of
obtaining such benefits of such act of  congress  as  are  necessary  or
appropriate to the establishment and operation of employment information
centers authorized by section one of this article.
  2.  The  commission  shall have all powers necessary to cooperate with
appropriate officers or agencies of either state or the  United  States,
to  take  such  steps,  to  formulate  such  plans,  and to execute such
projects (including but not limited to the establishment  and  operation
of  employment  information  centers) as may be necessary to obtain such
benefits for the operations  of  the  commission  in  accomplishing  the
purposes of this article.

S. 6478                            47

  3.  The  officer  or  agency  heretofore designated by each of the two
states pursuant to said act of  June  sixth,  nineteen  hundred  thirty-
three,  as amended, is authorized and empowered, upon the request of the
commission and subject to its direction,  to  exercise  the  powers  and
duties conferred upon the commission by the provisions of this section.
  S  5-a. Supplementary definitions.  As used in the compact established
by part I of this article:
  1. "Stevedore" shall also include (a) contractors engaged for  compen-
sation pursuant to a contract or arrangement with the United States, any
state  or territory thereof, or any department, division, board, commis-
sion or authority of one or more of the  foregoing,  in  moving  freight
carried  or  consigned for carriage between any point in the port of New
York district and a point outside said district on  vessels  of  such  a
public  agency  berthed  at  piers,  on  piers at which such vessels are
berthed or at other waterfront terminals, or
  (b) contractors (not including  employees)  engaged  for  compensation
pursuant  to  a contract or arrangement with any person to perform labor
or services incidental to the movement of waterborne freight on  vessels
berthed  at piers, on piers or at other waterfront terminals, including,
but not limited to, cargo storage, cargo repairing,  coopering,  general
maintenance,   mechanical  and  miscellaneous  work,  horse  and  cattle
fitting, grain ceiling, and marine carpentry, or
  (c) contractors (not including  employees)  engaged  for  compensation
pursuant  to  a contract or arrangement with any other person to perform
labor or services involving, or incidental to, the movement  of  freight
into or out of containers (which have been or which will be carried by a
carrier of freight by water) on vessels berthed at piers, on piers or at
other waterfront terminals.
  2.  "Waterborne freight" shall also include freight described in para-
graphs (a) and (c) of subdivision one of this section and in subdivision
ten of this section and ships' stores, baggage and mail  carried  by  or
consigned for carriage by carriers of freight by water.
  3.  "Court  of  the United States" shall mean all courts enumerated in
section four hundred fifty-one  of  title  twenty-eight  of  the  United
States  code  and  the  courts-martial of the armed forces of the United
States.
  4. "Witness" shall mean any person whose testimony is desired  in  any
investigation, interview or other proceeding conducted by the commission
pursuant to the provisions of this article.
  5.  "Checker"  shall  mean a longshoreman who is employed to engage in
direct and immediate checking of waterborne freight or of the  custodial
accounting  therefor  or  in  the  recording  or tabulation of the hours
worked at  piers  or  other  waterfront  terminals  by  natural  persons
employed by carriers of freight by water or stevedores.
  6.  "Longshoreman"  shall  also include a natural person, other than a
hiring agent, who is employed for work at a  pier  or  other  waterfront
terminal:
  (a)  either  by  a carrier of freight by water or by a stevedore phys-
ically to perform labor or services incidental to the movement of water-
borne freight on vessels berthed at piers, on piers or at  other  water-
front  terminals,  including,  but  not  limited  to,  cargo  repairmen,
coopers, general maintenance men, mechanical and miscellaneous  workers,
horse and cattle fitters, grain ceilers and marine carpenters, or
  (b)  by  any person physically to move waterborne freight to or from a
barge, lighter or railroad car for transfer to or from  a  vessel  of  a

S. 6478                            48

carrier  of  freight  by  water  which  is, shall be, or shall have been
berthed at the same pier or other waterfront terminal, or
  (c)  by  any  person  to perform labor or services involving, or inci-
dental to, the movement of freight at a waterfront terminal  as  defined
in subdivision ten of this section.
  7.  "Compact"  shall also include any amendments or supplements to the
waterfront commission compact to implement the purposes thereof  adopted
by  the action of the legislature of either the state of New York or the
state of New Jersey concurred in by the legislature of the other and  as
established by part I of this article.
  8. The term "select any longshoreman for employment" in the definition
of  a  hiring  agent in this act shall include selection of a person for
the commencement or continuation of employment as a longshoreman, or the
denial or termination of employment as a longshoreman.
  9. "Hiring agent" shall also include any natural person, who on behalf
of any other person shall select any longshoreman for employment.
  10. "Other waterfront terminal"  shall  also  include  any  warehouse,
depot  or  other terminal (other than a pier), whether enclosed or open,
which is located in a marine terminal in the port of New  York  district
and any part of which is used by any person to perform labor or services
involving,  or  incidental  to,  the  movement  of waterborne freight or
freight.
  As used in  this  section,  "marine  terminal"  means  an  area  which
includes  piers,  which  is  used primarily for the moving, warehousing,
distributing or packing of waterborne freight or freight to or from such
piers, and which, inclusive of such piers, is under common ownership  or
control;  "freight" means freight which has been, or will be, carried by
or  consigned  for  carriage  by  a  carrier  of freight by water;   and
"container" means any receptacle, box, carton or crate which is  specif-
ically  designed  and  constructed so that it may be repeatedly used for
the carriage of freight by a carrier of freight by water.
  Whenever, as a result of legislative amendments to this article or  of
a  ruling  by the commission, registration as a longshoreman is required
for any person to continue in  his  employment,  such  person  shall  be
registered as a longshoreman without regard to the provisions of section
five-p  of  this part, provided, however, that such person satisfies all
the other requirements of this article for registration as a  longshore-
man.
  S 5-b. Additional powers of the commission.  In addition to the powers
and  duties  elsewhere  described  in this article, the commission shall
have the following powers:
  1. To issue temporary permits and permit temporary registrations under
such terms and conditions as the commission may prescribe which shall be
valid for a period to be fixed by the commission not in  excess  of  six
months.
  2.  To  require  any  applicant  for  a license or registration or any
prospective licensee to furnish such facts and evidence as  the  commis-
sion  may deem appropriate to enable it to ascertain whether the license
or registration should be granted.
  3. In any case in which the commission has the power to revoke, cancel
or suspend any stevedore license the  commission  shall  also  have  the
power  to  impose  as an alternative to such revocation, cancellation or
suspension, a penalty, which the  licensee  may  elect  to  pay  to  the
commission  in  lieu  of the revocation, cancellation or suspension. The
maximum penalty  shall  be  five  thousand  dollars  for  each  separate

S. 6478                            49

offense.  The commission may, for good cause shown, abate all or part of
such penalty.
  4. To designate any officer, agent or employee of the commission to be
an  investigator  who  shall be vested with all the powers of a peace or
police officer of the state of New York in that state, and of the  state
of New Jersey in that state.
  5. To confer immunity, in the following manner:  In any investigation,
interview  or other proceeding conducted under oath by the commission or
any duly authorized officer, employee or  agent  thereof,  if  a  person
refuses  to  answer  a question or produce evidence of any other kind on
the ground that he may be  incriminated  thereby,  and,  notwithstanding
such  refusal,  an  order  is  made upon twenty-four hours prior written
notice to the appropriate attorney general of the state of New  York  or
the  state  of  New  Jersey, and to the appropriate district attorney or
prosecutor having an official interest therein, by the unanimous vote of
both members of the commission or their designees appointed pursuant  to
the  provisions  of  section  three of article III of the compact estab-
lished by part I of this article, that such person answer  the  question
or  produce  the  evidence, such person shall comply with the order.  If
such person complies with the order, and if, but for  this  subdivision,
he  would  have  been  privileged  to  withhold  the answer given or the
evidence produced by him, then immunity shall be conferred upon him,  as
provided for herein.
  "Immunity"  as  used  in this subdivision means that such person shall
not be prosecuted or subjected to any penalty or forfeiture  for  or  on
account of any transaction, matter or thing concerning which, in accord-
ance with the order by the unanimous vote of both members of the commis-
sion  or their designees appointed pursuant to the provisions of section
three of article III of the compact established by part I of this  arti-
cle,  he gave answer or produced evidence, and that no such answer given
or evidence produced shall be received against  him  upon  any  criminal
proceeding.    But  he  may  nevertheless  be prosecuted or subjected to
penalty or forfeiture for any perjury or contempt committed  in  answer-
ing,  or  failing  to  answer,  or  in  producing  or failing to produce
evidence, in accordance with the order, and any  such  answer  given  or
evidence  produced  shall  be  admissible  against him upon any criminal
proceeding concerning such perjury or contempt.
  Immunity shall not be conferred upon any person except  in  accordance
with  the provisions of this subdivision.  If, after compliance with the
provisions of this subdivision, a person is ordered to answer a question
or produce evidence of any other kind and complies with such order,  and
it  is  thereafter  determined  that the appropriate attorney general or
district attorney or prosecutor having an official interest therein  was
not  notified,  such failure or neglect shall not deprive such person of
any immunity otherwise properly conferred upon him.
  6. To require any applicant for registration as  a  longshoreman,  any
applicant  for  registration as a checker or any applicant for registra-
tion as a telecommunications system controller and  any  person  who  is
sponsored  for  a  license as a pier superintendent or hiring agent, any
person who is an individual owner  of  an  applicant  stevedore  or  any
persons  who  are  individual partners of an applicant stevedore, or any
officers, directors or stockholders owning five percent or more  of  any
of  the stock of an applicant corporate stevedore or any applicant for a
license as a port watchman or any other category of applicant for regis-
tration or licensing by law within the commission's jurisdiction  to  be
fingerprinted by the commission.

S. 6478                            50

  6-a.  To require any applicant for registration as a longshoreman, any
applicant for registration as a checker or any applicant  for  registra-
tion  as  a  telecommunications  system controller and any person who is
sponsored for a license as a pier superintendent or  hiring  agent,  any
person  who  is  an  individual  owner  of an applicant stevedore or any
persons who are individual partners of an applicant  stevedore,  or  any
officers,  directors  or stockholders owning five percent or more of any
of the stock of an applicant corporate stevedore or any applicant for  a
license as a port watchman or any other category of applicant for regis-
tration  or  licensing  by  law within the commission's jurisdiction who
has: previously applied and had an application denied  upon  submission;
been  removed from registration; or, had a license suspended, or revoked
and is reapplying for registration or licensing within the  commission's
jurisdiction to be fingerprinted by the commission.
  7. To exchange fingerprint data with and receive state criminal histo-
ry record information from the division of criminal justice services, as
defined  in subdivision one of section three thousand thirty-five of the
education law, and federal criminal history record information from  the
federal  bureau  of  investigation  for use in making the determinations
required by this article.
  8. Notwithstanding any other provision of  law  to  the  contrary,  to
require  any  applicant  for  employment  by  the  commission  or person
described in subdivision six-a of this section to be  fingerprinted  and
to  exchange  fingerprint  data  with and receive state criminal history
record information from the division of criminal  justice  services,  as
defined  in subdivision one of section three thousand thirty-five of the
education law, and federal criminal history information from the federal
bureau of investigation for the purposes of this subdivision and  subdi-
visions six, six-a and seven of this section.
  S  5-c. Regularization of longshoremen's employment.  1. Notwithstand-
ing any other provisions of article IX of  the  compact  established  by
part  I  of  this article, the commission shall have the power to remove
from the longshoremen's register any  person  (including  those  persons
registered  as  longshoremen  for  less than nine months) who shall have
failed to have worked as a longshoreman in the port of New York district
for such minimum number of days during a period of time  as  shall  have
been  established  by the commission. In administering this section, the
commission, in its discretion, may count applications for employment  as
a  longshoreman  at  an  employment information center established under
article XII of the compact established by part  I  of  this  article  as
constituting  actual work as a longshoreman, provided, however, that the
commission shall count as actual work the compensation received  by  any
longshoreman  pursuant  to the guaranteed wage provisions of any collec-
tive  bargaining  agreement  relating  to  longshoremen.  Prior  to  the
commencement  of any period of time established by the commission pursu-
ant to this section, the commission shall establish for such period  the
minimum  number  of  days  of work required and the distribution of such
days during such period and shall also determine whether or not applica-
tion for employment as a longshoreman shall be counted  as  constituting
actual  work as a longshoreman. The commission may classify longshoremen
according to length of service as a longshoreman and such other criteria
as may be reasonable and necessary to carry out the provisions  of  this
article.    The commission shall have the power to vary the requirements
of this section with respect to their application to the various classi-
fications of longshoremen. In administering this section, the commission
shall observe the standards set forth in section five-p  of  this  part.

S. 6478                            51

Nothing  in this section shall be construed to modify, limit or restrict
in any way any of the rights protected by  article  XV  of  the  compact
established by part I of this article.
  S  5-d. Additional violations.  Any person who, having been duly sworn
or affirmed as a  witness  in  any  investigation,  interview  or  other
proceeding  conducted  by  the  commission pursuant to the provisions of
this article, shall wilfully give false testimony shall be guilty  of  a
misdemeanor  punishable  by a fine of not more than one thousand dollars
or imprisonment for not more than one year or both.
  S 5-g. Hearings.  1. At hearings conducted by the commission  pursuant
to  article  XI  of  the  compact established by part I of this article,
applicants, prospective licensees, licensees and registrants shall  have
the right to be accompanied and represented by counsel.
  2.  After  the  conclusion  of a hearing but prior to the making of an
order by the commission,  a  hearing  may,  upon  petition  and  in  the
discretion  of  the hearing officer, be reopened for the presentation of
additional evidence.  Such petition to reopen the hearing shall state in
detail the nature of the additional evidence, together with the  reasons
for  the  failure to submit such evidence prior to the conclusion of the
hearing.  The commission may upon its own  motion  and  upon  reasonable
notice reopen a hearing for the presentation of additional evidence.
  Upon petition, after the making of an order of the commission, rehear-
ing may be granted in the discretion of the commission.  Such a petition
for  rehearing shall state in detail the grounds upon which the petition
is based and shall separately set forth  each  error  of  law  and  fact
alleged  to  have  been  made  by  the  commission in its determination,
together with the facts and arguments in support thereof.  Such petition
shall be filed with the commission not  later  than  thirty  days  after
service  of such order, unless the commission for good cause shown shall
otherwise direct.
  The commission may upon its own motion grant  a  rehearing  after  the
making of an order.
  S  5-h.  Denial of applications.  In addition to the grounds elsewhere
set forth in this article, the commission may deny an application for  a
license or registration for any of the following:
  1. Conviction by a court of the United States or any state or territo-
ry thereof of coercion;
  2.  Conviction  by  any  such  court,  after  having  been  previously
convicted by any such court of any crime or of the offenses  hereinafter
set  forth, of a misdemeanor or any of the following offenses:  assault,
malicious injury to property, malicious mischief, unlawful taking  of  a
motor  vehicle,  corruption  of  employees  or  possession of lottery or
number slips;  or
  3. Fraud, deceit or misrepresentation in connection with any  applica-
tion  or  petition submitted to, or any interview, hearing or proceeding
conducted by the commission.
  4. Violation of any provision of this article  or  commission  of  any
offense thereunder.
  5.  Refusal  on the part of any applicant, or prospective licensee, or
of any member, officer or stockholder required by section two of article
VI of the compact established by part I of this article to  sign  or  be
identified  in  an  application  for  a stevedore license, to answer any
material question or produce any material evidence  in  connection  with
his  application  or any application made on his behalf for a license or
registration pursuant to this article.

S. 6478                            52

  6. Association with a person who has been  identified  by  a  federal,
state,  or  local  law enforcement agency as a member or associate of an
organized crime group, a terrorist group, or a career  offender  cartel,
or  who is a career offender, under circumstances where such association
creates  a  reasonable belief that the participation of the applicant in
any activity required to be licensed under this article would be  inimi-
cal  to  the  policies of this article. For the purpose of this section,
(a) a terrorist group shall mean a group associated, affiliated or fund-
ed in whole or in part by a terrorist  organization  designated  by  the
secretary of state in accordance with section 219 of the immigration and
nationality act, as amended from time to time, or any other organization
which  assists,  funds or engages in acts of terrorism as defined in the
laws of the United States, or of either of the states of New York  (such
as  subdivision  one  of section 490.05 of the penal law) or New Jersey;
and (b) a career offender shall mean a person whose behavior is  pursued
in  an  occupational  manner or context for the purpose of economic gain
utilizing such methods as are deemed  criminal  violations  against  the
public  policy  of  the  states of New York and New Jersey, and a career
offender cartel shall mean  a  number  of  career  offenders  acting  in
concert,  and  may  include what is commonly referred to as an organized
crime group.
  7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a  court  of
the  United States or any state or territory thereof under circumstances
where such association creates a  reasonable  belief  that  the  partic-
ipation  of  the applicant in any activity required to be licensed under
this article would be inimical to the policies of this article.
  S 5-i. Revocation of licenses and registrations.  In addition  to  the
grounds elsewhere set forth in this article, any license or registration
issued  or  made  pursuant  thereto may be revoked or suspended for such
period as the commission deems in the public interest or the licensee or
registrant may be reprimanded, for:
  1. Conviction of any crime or offense in relation to  gambling,  book-
making,  pool  selling,  lotteries  or similar crimes or offenses if the
crime or offense was committed at or  on  a  pier  or  other  waterfront
terminal or within five hundred feet thereof;  or
  2. Wilful commission of, or wilful attempt to commit at or on a water-
front  terminal  or  adjacent highway, any act of physical injury to any
other person or of wilful damage to or  misappropriation  of  any  other
person's property, unless justified or excused by law;  or
  3.  Receipt or solicitation of anything of value from any person other
than a licensee's or registrant's  employer  as  consideration  for  the
selection or retention for employment of such licensee or registrant;
 or
  4. Coercion of a licensee or registrant by threat of discrimination or
violence  or economic reprisal, to make purchases from or to utilize the
services of any person;  or
  5. Refusal to answer any material question  or  produce  any  evidence
lawfully  required  to  be  answered  or  produced at any investigation,
interview or other proceeding conducted by the  commission  pursuant  to
the  provisions of this article, or, if such refusal is accompanied by a
valid plea of privilege against self-incrimination, refusal to  obey  an
order  to  answer  such  question  or  produce such evidence made by the
commission pursuant to the provisions of  subdivision  five  of  section
five-b of this part.

S. 6478                            53

  6.  Association  with  a  person who has been identified by a federal,
state, or local law enforcement agency as a member or  associate  of  an
organized  crime  group, a terrorist group, or a career offender cartel,
or who is a career offender, under circumstances where such  association
creates  a  reasonable belief that the participation of the applicant in
any activity required to be licensed under this article would be  inimi-
cal  to  the  policies of this article. For the purpose of this section,
(a) a terrorist group shall mean a group associated, affiliated or fund-
ed in whole or in part by a terrorist  organization  designated  by  the
secretary of state in accordance with section 219 of the immigration and
nationality act, as amended from time to time, or any other organization
which  assists,  funds or engages in acts of terrorism as defined in the
laws of the United States, or of either of the states of New York  (such
as  subdivision  one  of section 490.05 of the penal law) or New Jersey;
and (b) a career offender shall mean a person whose behavior is  pursued
in  an  occupational  manner or context for the purpose of economic gain
utilizing such methods as are deemed  criminal  violations  against  the
public  policy  of  the  states of New York and New Jersey, and a career
offender cartel shall mean  a  number  of  career  offenders  acting  in
concert,  and  may  include what is commonly referred to as an organized
crime group.
  7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a  court  of
the  United States or any state or territory thereof under circumstances
where such association creates a  reasonable  belief  that  the  partic-
ipation  of  the applicant in any activity required to be licensed under
this article would be inimical to the policies of this article.
  S 5-j. Removal of port watchmen's ineligibility.   Any  port  watchman
ineligible  for a license by reason of the provisions of subdivision (b)
of section three of article X of the compact established by  part  I  of
this  article  may  petition  for  and the commission may issue an order
removing the ineligibility in the manner provided in subdivision (b)  of
section  three of article V of the compact established by part I of this
article.
  S 5-k. Petition for order to remove an ineligibility.  A petition  for
an  order  to  remove  an ineligibility under subdivision (b) of section
three of article V, subdivision (e) of  section  three  of  article  VI,
subdivision (b) of section three of article X of the compact established
by part I of this article, or subdivision three (b) of section five-n of
this  part  may  be  made  to the commission before or after the hearing
required by article XI of the compact established  by  part  I  of  this
article.
  S  5-l.  Denial of stevedore applications.  In addition to the grounds
elsewhere set forth in this article the commission shall  not  grant  an
application for a license as stevedore
  1.  If  on or after July first, nineteen hundred fifty-six, the appli-
cant has paid, given, caused to have been paid or given  or  offered  to
pay or give to any agent of any carrier of freight by water any valuable
consideration  for an improper or unlawful purpose or, without the know-
ledge and consent of such carrier, to induce such agent to  procure  the
employment  of  the  applicant  by  such  carrier  or  its agent for the
performance of stevedoring services.
  S 5-n. Checkers.    1.  The  commission  shall  establish  within  the
longshoremen's  register  a list of all qualified longshoremen eligible,
as hereinafter provided, for employment as checkers in the port  of  New
York  district.  No person shall act as a checker within the port of New

S. 6478                            54

York district unless at the time he is included  in  the  longshoremen's
register  as  a checker, and no person shall employ another to work as a
checker within the port of New York district unless  at  the  time  such
other person is included in the longshoremen's register as a checker.
  2. Any person applying for inclusion in the longshoremen's register as
a checker shall file at any such place and in such manner as the commis-
sion  shall  designate  a written statement, signed and verified by such
person, setting forth the following:
  (a) The full name, residence, place and date of birth and social secu-
rity number of the applicant;
  (b) The present and previous occupations of the  applicant,  including
the places where he was employed and the names of his employers;
  (c)  Such further facts and evidence as may be required by the commis-
sion to ascertain the character, integrity and identity  of  the  appli-
cant.
  3.  No  person  shall  be included in the longshoremen's register as a
checker
  (a) Unless the  commission  shall  be  satisfied  that  the  applicant
possesses good character and integrity;
  (b) If the applicant has, without subsequent pardon, been convicted by
a  court  of the United States or any state or territory thereof, of the
commission of, or the attempt or conspiracy to commit  treason,  murder,
manslaughter  or  any felony or high misdemeanor or any of the following
misdemeanors or offenses: illegally  using,  carrying  or  possessing  a
pistol or other dangerous weapon; making or possessing burglar's instru-
ments;  buying  or receiving stolen property; unlawful entry of a build-
ing; aiding an escape from  prison;  unlawfully  possessing,  possessing
with  intent to distribute, sale or distribution of a controlled danger-
ous substance (controlled substance) or, in  New  Jersey,  a  controlled
dangerous substance analog (controlled substance analog); petty larceny,
where  the evidence shows the property was stolen from a vessel, pier or
other waterfront terminal; and violation  of  the  compact.    Any  such
applicant  ineligible  for inclusion in the longshoremen's register as a
checker by  reason  of  any  such  conviction  may  submit  satisfactory
evidence  to  the  commission  that he has for a period of not less than
five years, measured as hereinafter provided, and  up  to  the  time  of
application,  so  conducted  himself  as  to  warrant  inclusion  in the
longshoremen's register as a checker, in which event the commission may,
in its discretion, issue an order removing such ineligibility. The afor-
esaid period of five years shall be measured either  from  the  date  of
payment  of  any  fine  imposed  upon  such  person or the suspension of
sentence or from the date of  his  unrevoked  release  from  custody  by
parole, commutation or termination of his sentence;
  (c)  If the applicant knowingly or wilfully advocates the desirability
of overthrowing or destroying the government of  the  United  States  by
force  or  violence or shall be a member of a group which advocates such
desirability, knowing the purposes of such group include such advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possesses   the  qualifications  and  requirements  prescribed  by  this
section,  the  commission   shall   include   the   applicant   in   the
longshoremen's  register as a checker.  The commission may permit tempo-
rary registration as a checker to any applicant under this section pend-
ing final action on an application made  for  such  registration,  under
such  terms  and conditions as the commission may prescribe, which shall

S. 6478                            55

be valid for a period to be fixed by the commission, not  in  excess  of
six months.
  5. The commission shall have power to reprimand any checker registered
under  this section or to remove him from the longshoremen's register as
a checker for such period of time as it deems in the public interest for
any of the following offenses:
  (a) Conviction of a crime or other cause which would permit  disquali-
fication of such person from inclusion in the longshoremen's register as
a checker upon original application;
  (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
longshoremen's register as a checker or in the conduct of the registered
activity;
  (c) Violation of any of the provisions of the compact  established  by
part I of this article;
  (d)  Conviction of a crime involving unlawfully possessing, possession
with intent to distribute, sale or distribution of a controlled  danger-
ous  substance  (controlled  substance)  or, in New Jersey, a controlled
dangerous substance analog (controlled substance analog);
  (e) Inducing or otherwise aiding or abetting any person to violate the
terms of the compact established by part I of this article;
  (f) Paying, giving, causing to be paid or given or offering to pay  or
give  to  any  person  any  valuable  consideration to induce such other
person to violate any provision of the compact or to induce  any  public
officer,  agent  or  employee  to  fail  to  perform  his duty under the
compact;
  (g) Consorting with known criminals for an unlawful purpose;
  (h) Transfer or surrender of possession to any person either temporar-
ily or permanently of any card or other means of  identification  issued
by  the commission as evidence of inclusion in the longshoremen's regis-
ter without satisfactory explanation;
  (i) False impersonation of another longshoreman or of  another  person
licensed under the compact.
  6.  The  commission  shall have the right to recover possession of any
card or other means of identification issued as evidence of inclusion in
the longshoremen's register as a checker in the event  that  the  holder
thereof has been removed from the longshoremen's register as a checker.
  7.  Nothing  contained  in this section shall be construed to limit in
any way any rights of labor reserved by article XV of the compact estab-
lished by part I of this article.
  S 5-o. Supplementary violations.  Any person who,  without  justifica-
tion  or  excuse  in law, directly or indirectly intimidates or inflicts
any injury, damage, harm, loss or  economic  reprisal  upon  any  person
licensed  or  registered  by  the  commission,  or  any other person, or
attempts, conspires or threatens so to do, in order to  interfere  with,
impede  or  influence such licensed or registered person in the perform-
ance or discharge of his duties or obligations shall  be  punishable  as
provided in section four of this part.
  S  5-p.  Suspension  or  acceptance  of  applications for inclusion in
longshoremen's register; exceptions. 1. The commission  shall  have  the
power  to  make  determinations to suspend the acceptance of application
for inclusion in the longshoremen's register for such periods of time as
the commission may from time to time establish and, after any such peri-
od of suspension, the commission shall have the power to  make  determi-
nations to accept applications for such period of time as the commission
may  establish  or  in  such  number as the commission may determine, or
both. Such determinations to suspend or  accept  applications  shall  be

S. 6478                            56

made  by the commission: (a) on its own initiative or (b) upon the joint
recommendation in writing of stevedores and  other  employers  of  long-
shoremen  in  the port of New York district, acting through their repre-
sentative  for  the purpose of collective bargaining with a labor organ-
ization representing such longshoremen in such district and  such  labor
organization  or  (c)  upon  the  petition  in writing of a stevedore or
another employer of longshoremen in the port of New York district  which
does  not have a representative for the purpose of collective bargaining
with a labor organization representing such longshoremen. The commission
shall have the power to accept or reject such  joint  recommendation  or
petition.
  All  joint  recommendations  or  petitions filed for the acceptance of
applications with the commission for  inclusion  in  the  longshoremen's
register shall include:
  (a) the number of employees requested;
  (b) the category or categories of employees requested;
  (c)  a  detailed  statement  setting  forth the reasons for said joint
recommendation or petition;
  (d) in cases where a joint recommendation is made under this  section,
the collective bargaining representative of stevedores and other employ-
ers  of  longshoremen  in  the  port  of New York district and the labor
organization representing such longshoremen shall provide the allocation
of the number of persons to be sponsored by each employer of  longshore-
men in the port of New York district; and
  (e) any other information requested by the commission.
  2.  In  administering  the  provisions of this section, the commission
shall observe the following standards:
  (a) To encourage as far  as  practicable  the  regularization  of  the
employment of longshoremen;
  (b) To bring the number of eligible longshoremen into balance with the
demand  for longshoremen's services within the port of New York district
without reducing the number of eligible longshoremen below  that  neces-
sary  to  meet  the requirements of longshoremen in the port of New York
district;
  (c) To encourage the mobility and full  utilization  of  the  existing
work force of longshoremen;
  (d)  To  protect  the job security of the existing work force of long-
shoremen by considering the wages and employment benefits of prospective
registrants;
  (e) To eliminate oppressive and evil  hiring  practices  injurious  to
waterfront  labor  and  waterborne  commerce  in  the  port  of New York
district, including, but not  limited  to,  those  oppressive  and  evil
hiring  practices  that  may result from either a surplus or shortage of
waterfront labor;
  (f) To consider the effect of technological change and automation  and
such  other economic data and facts as are relevant to a proper determi-
nation;
  (g) To protect the public interest of the port of New York district.
  In observing the foregoing standards and before determining to suspend
or accept applications for inclusion in the longshoremen's register, the
commission shall consult with and consider the views of,  including  any
statistical data or other factual information concerning the size of the
longshoremen's  register  submitted  by,  carriers  of freight by water,
stevedores, waterfront terminal owners and operators, any  labor  organ-
ization  representing  employees  registered  by the commission, and any

S. 6478                            57

other person whose  interests  may  be  affected  by  the  size  of  the
longshoremen's register.
  Any  joint  recommendation  or  petition  granted  hereunder  shall be
subject to such terms and conditions as the commission may prescribe.
  3. Any determination by the commission pursuant  to  this  section  to
suspend  or  accept  applications  for  inclusion  in the longshoremen's
register shall be made upon a record, shall not become  effective  until
five  days  after  notice thereof to the collective bargaining represen-
tative of stevedores and other employers of longshoremen in the port  of
New  York district and to the labor organization representing such long-
shoremen and/or the petitioning stevedore or  other  employer  of  long-
shoremen  in the port of New York district and shall be subject to judi-
cial review for being arbitrary, capricious, and an abuse of  discretion
in a proceeding jointly instituted by such representative and such labor
organization  and/or  by  the petitioning stevedore or other employer of
longshoremen in the port of New  York  district.  Such  judicial  review
proceeding  may  be instituted in either state in the manner provided by
the law of such state for review of the  final  decision  or  action  of
administrative  agencies  of  such  state,  provided, however, that such
proceeding shall be decided directly by the appellate  division  as  the
court of first instance (to which the proceeding shall be transferred by
order  of  transfer  by the supreme court in the state of New York or in
the state of New Jersey by notice of appeal from the commission's deter-
mination) and provided further that notwithstanding any other  provision
of  law  in  either  state no court shall have power to stay the commis-
sion's determination prior to final  judicial  decision  for  more  than
fifteen  days.  In the event that the court enters a final order setting
aside the determination by the commission  to  accept  applications  for
inclusion  in the longshoremen's register, the registration of any long-
shoremen included in the longshoremen's register as  a  result  of  such
determination by the commission shall be cancelled.
  This  section shall apply, notwithstanding any other provision of this
article, provided however, such section shall not in any  way  limit  or
restrict  the  provisions  of  section five of article IX of the compact
established by part I of  this  article  empowering  the  commission  to
register  longshoremen on a temporary basis to meet special or emergency
needs or the provisions of section four of article  IX  of  the  compact
established  by  part  I of this article relating to the immediate rein-
statement of persons removed from the longshoremen's  register  pursuant
to  article  IX  of  the  compact established by part I of this article.
Nothing in this section shall be construed to modify, limit or  restrict
in  any  way  any  of  the rights protected by article XV of the compact
established by part I of this article.
  4. Upon the granting of any joint  recommendation  or  petition  under
this  section  for  the  acceptance of applications for inclusion in the
longshoremen's register, the commission shall accept  applications  upon
written  sponsorship  from the prospective employer of longshoremen. The
sponsoring employer shall furnish the commission with the name,  address
and such other identifying or category information as the commission may
prescribe  for  any  person  so sponsored. The sponsoring employer shall
certify that the selection of the persons so sponsored  was  made  in  a
fair and non-discriminatory basis in accordance with the requirements of
the  laws of the United States and the states of New York and New Jersey
dealing with equal employment opportunities.
  Notwithstanding any of the foregoing, where the commission  determines
to  accept  applications for inclusion in the longshoremen's register on

S. 6478                            58

its own initiative, such acceptance shall be accomplished in such manner
deemed appropriate by the commission.
  5. Notwithstanding any other provision of this article, the commission
may  include  in the longshoremen's register under such terms and condi-
tions as the commission may prescribe:
  (a) a person issued registration on a temporary basis to meet  special
or emergency needs who is still so registered by the commission;
  (b)  a  person defined as a longshoreman in subdivision six of section
five-a of this part who is employed by a stevedore defined in  paragraph
(b)  or  (c)  of subdivision one of said section five-a of this part and
whose  employment  is  not  subject  to  the  guaranteed  annual  income
provisions of any collective bargaining agreement relating to longshore-
men;
  (c)  no more than twenty persons issued registration limited to acting
as scalemen pursuant to the provisions of chapter 953  of  the  laws  of
1969  and  chapter 64 of the laws of 1982 who are still so registered by
the commission and who are no longer employed as scalemen on the  effec-
tive date of this subdivision;
  (d)  a person issued registration on a temporary basis as a checker to
meet special or emergency needs who applied for such registration  prior
to January 15, 1986 and who is still so registered by the commission;
  (e)  a person issued registration on a temporary basis as a checker to
meet special or emergency needs in accordance with a waterfront  commis-
sion  resolution  of September 4, 1996 and who is still so registered by
the commission;
  (f) a person issued registration on a temporary basis as  a  container
equipment operator to meet special or emergency needs in accordance with
a waterfront commission resolution of September 4, 1996 and who is still
so registered by the commission; and
  (g)  a person issued registration on a temporary basis as a longshore-
man to meet special or emergency needs in accordance with  a  waterfront
commission  resolution  of  September 4, 1996 and who is still so regis-
tered by the commission.
  6. The commission may include in the  longshoremen's  register,  under
such  terms  and  conditions  as  the  commission may prescribe, persons
issued registration on a temporary basis as a longshoreman or a  checker
to  meet  special  or emergency needs and who are still so registered by
the commission upon the enactment of this section.
  S 5-q. Temporary suspension of permits, licenses and registrations. 1.
The commission may temporarily suspend a temporary permit or a permanent
license or  a  temporary  or  permanent  registration  pursuant  to  the
provisions  of subdivision four of article XI of the compact established
by part I of this article until further order of the commission or final
disposition of the underlying case, only where the  permittee,  licensee
or  registrant has been indicted for, or otherwise charged with, a crime
which is equivalent to a felony in the state of New York or to  a  crime
of  the third, second or first degree in the state of New Jersey or only
where the permittee or licensee is a port watchman who is charged by the
commission pursuant to article XI of the compact established by  part  I
of  this article with misappropriating any other person's property at or
on a pier or other waterfront terminal.
  2. In the case of a permittee, licensee or  registrant  who  has  been
indicted  for, or otherwise charged with, a crime, the temporary suspen-
sion shall terminate immediately upon acquittal or upon dismissal of the
criminal charge. A person whose permit, license or registration has been
temporarily suspended may, at  any  time,  demand  that  the  commission

S. 6478                            59

conduct  a  hearing  as provided for in article XI of the compact estab-
lished by part I of this article.  Within sixty days of such demand, the
commission shall commence the hearing and, within thirty days of receipt
of  the administrative judge's report and recommendation, the commission
shall render a final  determination  thereon;  provided,  however,  that
these  time requirements, shall not apply for any period of delay caused
or requested by the permittee, licensee or registrant. Upon  failure  of
the  commission  to  commence a hearing or render a determination within
the time limits prescribed  herein,  the  temporary  suspension  of  the
licensee  or registrant shall immediately terminate. Notwithstanding any
other provision of this subdivision, if a federal, state, or  local  law
enforcement  agency  or prosecutor's office shall request the suspension
or deferment of any hearing on the ground  that  such  a  hearing  would
obstruct  or  prejudice  an investigation or prosecution, the commission
may in its discretion, postpone or defer such hearing for a time certain
or indefinitely. Any action by the  commission  to  postpone  a  hearing
shall be subject to immediate judicial review as provided in subdivision
seven  of  article XI of the compact established by part I of this arti-
cle.
  3. The commission may in addition,  within  its  discretion,  bar  any
permittee, licensee or registrant whose license or registration has been
suspended pursuant to the provisions of subdivision one of this section,
from  any  employment by a licensed stevedore or a carrier of freight by
water during the period of such suspension, if the  alleged  crime  that
forms  the  basis of such suspension involves the possession with intent
to distribute, sale, or distribution of a controlled dangerous substance
(controlled substance) or, in New Jersey, controlled dangerous substance
analog (controlled substance analog), racketeering or theft from a  pier
or waterfront terminal.
  S  5-r.  Continuance of port watchmen's licenses.  Notwithstanding any
provision of section five of article X of  the  compact  established  by
part  I  of  this  article,  a  license  to act as a port watchman shall
continue and need not  be  renewed,  provided  the  licensee  shall,  as
required by the commission:
  1.  Submit  to  a medical examination and meet the physical and mental
fitness standards established by  the  commission  pursuant  to  section
three of article X of the compact established by part I of this article;
  2. Complete a refresher course of training;  and
  3. Submit supplementary personal history information.
  S  5-s.  Regularization of port watchmen's employment.  The commission
shall, at regular intervals, cancel the license or temporary permit of a
port watchman who shall have failed during the preceding  twelve  months
to  have  worked  as  a port watchman in the port of New York district a
minimum number of hours as shall have been established  by  the  commis-
sion,  except  that  immediate  restoration of such license or temporary
permit shall be made upon proper showing that the failure to so work was
caused by the fact that the licensee or permittee  was  engaged  in  the
military  service  of  the  United  States  or  was incapacitated by ill
health, physical injury or other good cause.
  S 5-t. Duration of stevedore's license.  A stevedore's license granted
pursuant to article VI of the compact established  by  part  I  of  this
article  shall be for a term of five years or fraction of such five year
period, and shall expire on the first day of December. In the  event  of
the  death  of  the licensee, if a natural person, or its termination or
dissolution by reason of a death of a partner, if a partnership,  or  if
the  licensee  shall  cease  to  be  a party to any contract of the type

S. 6478                            60

required by subdivision (d) of  section  three  of  article  VI  of  the
compact  established by part I of this article, the license shall termi-
nate ninety days after such event or upon its expiration date, whichever
shall  be sooner. A license may be renewed by the commission for succes-
sive five year periods upon fulfilling the same requirements as are  set
forth in article VI of the compact established by part I of this article
for an original application for a stevedore's license.
  S  5-u.  Implementation  of telecommunications hiring system for long-
shoremen and checkers  and  registration  of  telecommunications  system
controller.    1.  The  commission  may  designate one of the employment
information centers it is authorized to  establish  and  maintain  under
article XII of the compact established by part I of this article for the
implementation of a telecommunications hiring system through which long-
shoremen  and  checkers  may  be hired and accept employment without any
personal appearance at said center. Any such  telecommunications  hiring
system  shall  incorporate  hiring  and seniority agreements between the
employers of  longshoremen  and  checkers  and  the  labor  organization
representing longshoremen and checkers in the port of New York district,
provided said agreements are not in conflict with the provisions of this
article.
  2. The commission shall permit employees of the association represent-
ing employers of longshoremen and checkers and of the labor organization
representing longshoremen and checkers in the port of New York district,
or  of  a  joint  board  of  such association and labor organization, to
participate in the operation of said telecommunications  hiring  system,
provided  that  any  such  employee is registered by the commission as a
"telecommunications  system   controller"   in   accordance   with   the
provisions, standards and grounds set forth in this article with respect
to  the registration of checkers. No person shall act as a "telecommuni-
cations system controller" unless he or  she  is  so  registered.    Any
application  for  such  registration and any registration made or issued
may be denied, revoked, cancelled or suspended, as the case may be, only
in the manner prescribed in article XI of  the  compact  established  by
part I of this article.  Any and all such participation in the operation
of  said  telecommunications  hiring  system  shall  be monitored by the
commission.
  3. Any and  all  records,  documents,  tapes,  discs  and  other  data
compiled,  collected  or  maintained  by  said association of employers,
labor organization and joint board of such association and labor  organ-
ization  pertaining  to  the  telecommunications  hiring system shall be
available for inspection, investigation and duplication by  the  commis-
sion.
                                PART III

  S  6.  Commission established for New York state. Unless and until the
provisions of the compact contained in part I of this article shall have
been concurred in by the state of New Jersey, the  consent  of  congress
given thereto, and the commission, provided for therein, established:
  1.  The  provisions  of such compact and sections two, three, four and
five of part II of this article shall apply to and be in full force  and
effect  within the state of New York, except as limited by this section,
and any violation of such compact or section shall be a violation of the
laws of the state of New York, provided, however, that (with respect  to
the definitions contained in such compact):
  (a)  "The  port  of New York district" shall mean only that portion of
the district within the state of New York;

S. 6478                            61

  (b) The "commission", hereinafter referred to in this section  as  the
"New York commission", shall mean and consist of the member appointed by
the  governor  of  this  state by and with the advice and consent of the
senate, and he shall possess and exercise all the powers and  duties  of
the  commission set forth in part I of this article and any other powers
and duties conferred herein;
  (c) The powers and duties of any other officer or agency of this state
prescribed by part I of this article or otherwise by this article  shall
be effective as if the provisions of the compact were effective as a law
of this state;  and
  (d) The New York commission shall not be deemed to be a body corporate
and politic and shall be in the executive department of this state.
  2.  The  New York commission is authorized to cooperate with a similar
commission of the state of New Jersey, to exchange  information  on  any
matter  pertinent  to  the  purposes  of this article, and to enter into
reciprocal agreements for the accomplishment of such purposes, including
but not limited to the following objectives:
  (a) To provide for the reciprocal recognition of any license issued or
registration made by either commission;
  (b) To give reciprocal effect to any revocation, suspension or  repri-
mand  with  respect to any licensee, and any reprimand or removal from a
longshoremen's register;
  (c) To provide that any act or omission by a licensee or registrant in
either state which would be a basis for disciplinary action against such
licensee or registrant if it occurred in the state in which the  license
was  issued or the person registered shall be the basis for disciplinary
action in both states;
  (d) To provide that  longshoremen  registered  in  either  state,  who
perform  work  or who apply for work at an employment information center
within the other state shall be deemed to have performed work or to have
applied for work in the state in which they are registered.
  3. Notwithstanding any other provision of law, the officers, employees
and agents  of  the  commission  established  by  this  section  may  be
appointed  or  employed without regard to their state of residence. Such
commission may appoint or employ the same person to a similar office  or
employment  in  this state as he holds in a similar commission or agency
of the state of New Jersey.
  Notwithstanding any other provision of this article, for  the  purpose
of  providing for the commission's expenses of administration during the
remainder of the calendar year following  the  effective  date  of  this
article,  and  until  June  thirtieth,  nineteen  hundred fifty-four the
assessment for such expense shall be at the rate of one and one-half per
cent. Such assessment shall be made, collected and enforced  in  accord-
ance  with  article  XIII  of  the compact established by part I of this
article and part II of this article.
  S 7. Prohibition against loitering.  No person shall, without a satis-
factory explanation, loiter upon any vessel, dock,  wharf,  pier,  bulk-
head,  terminal,  warehouse, or other waterfront facility or within five
hundred feet thereof in that portion of the port of  New  York  district
within the state of New York.
  S  8.  Prohibition against unions having officers, agents or employees
who have been convicted of certain crimes and offenses.  No person shall
solicit, collect or receive any  dues,  assessments,  levies,  fines  or
contributions, or other charges within the state for or on behalf of any
labor  organization  which  represents  employees registered or licensed
pursuant to the provisions of this article or which derives its  charter

S. 6478                            62

from  a  labor  organization  representing  one  hundred or more of such
registered or licensed employees, if any officer, agent or  employee  of
such  labor  organization,  or  of  a welfare fund or trust administered
partially or entirely by such labor organization or by trustees or other
persons  designated  by such labor organization, has been convicted by a
court of the United States, or any state  or  territory  thereof,  of  a
felony,  any  misdemeanor  involving  moral  turpitude  or  any crime or
offense enumerated in subdivision three (b) of section five-n of part II
of this article, unless he has been subsequently  pardoned  therefor  by
the governor or other appropriate authority of the state or jurisdiction
in  which  such conviction was had or has received a certificate of good
conduct from the board of parole pursuant to the provisions of the exec-
utive law to remove the disability.  No person so convicted shall  serve
as  an  officer,  agent  or employee of such labor organization, welfare
fund or trust unless such person has been so pardoned or has received  a
certificate  of good conduct.  No person, including such labor organiza-
tion, welfare fund or   trust, shall  knowingly  permit  such  convicted
person  to assume or hold any office, agency, or employment in violation
of this section.
  As used in this section, the term "labor organization" shall mean  and
include any organization which exists and is constituted for the purpose
in whole or in part of collective bargaining, or of dealing with employ-
ers  concerning  grievances,  terms  and conditions of employment, or of
other mutual aid or protection;  but it shall not include  a  federation
or  congress  of labor organizations organized on a national or interna-
tional basis even though one of its constituent labor organizations  may
represent persons so registered or licensed.
  Any  person who shall violate this section shall be guilty of a misde-
meanor punishable by a fine of not more than  five  hundred  dollars  or
imprisonment for not more than one year or both.
  S  8-a.  Exception  to  section eight for certain employees.   If upon
application to the commission by an employee who has been convicted of a
crime or offense specified in section eight of this part the commission,
in its discretion, determines in an order that it would not be  contrary
to the purposes and objectives of this article for such employee to work
in  a  particular  employment  for a labor organization, welfare fund or
trust within the meaning of section eight of this part,  the  provisions
of  section eight of this part shall not apply to the particular employ-
ment of such employee with respect to such conviction or convictions  as
are  specified  in  the commission's order.   This section is applicable
only to those employees who for wages or salary perform manual,  mechan-
ical,  or  physical work of a routine or clerical nature at the premises
of the labor organization, welfare fund  or  trust  by  which  they  are
employed.
                                 PART IV

  S  10. Compact.  The state of New York hereby agrees with the state of
New Jersey, upon the enactment by the state of New Jersey of legislation
having the same effect as this section, to the following compact:

                                ARTICLE I
                        FINDINGS AND DECLARATIONS

  1. The states of New York and New Jersey hereby find and declare  that
the  movement of freight through the two states is vital to their econo-
mies and prosperity; that ever increasing amounts of  such  freight  are

S. 6478                            63

being  carried by the air freight industry; that said air freight indus-
try in the two states constitutes an inseparable and  integral  unit  of
the  commerce  of  the two states;  that criminal and racketeer elements
have  infiltrated  the  air freight industry;  that such criminal infil-
tration is threatening the growth of said air freight  industry;    that
one  of  the  means by which such criminal and racketeer elements infil-
trate the air freight industry is by posing as labor relations  consult-
ants  and  that firms handling air freight are often forced to employ or
engage such persons;   that the air freight  industry  is  suffering  an
alarming  rise in the amount of pilferage and theft of air freight;  and
that it is imperative to the continued growth and economic well-being of
the states of New York and New  Jersey  that  every  possible  effective
measure  be  taken to prevent the pilferage and theft of air freight and
the criminal infiltration of the air freight industry.
  2. The states of New York and New Jersey hereby find and declare  that
many  of  the evils existing in the air freight industry result not only
from the causes above described but from the lack of regulation  of  the
air  freight  industry in and about the port of New York district;  that
the air freight industry is affected with a  public  interest  requiring
regulation,  just  as the states of New York and New Jersey have hereto-
fore found and declared in respect to the shipping industry;   and  that
such  regulation of the air freight industry shall be deemed an exercise
of the police power of the two states for the protection of  the  public
safety,  welfare, prosperity, health, peace and living conditions of the
people of the states.

                               ARTICLE II
                               DEFINITIONS

  As used in this compact:
  1. "Commission" shall mean the waterfront and  airport  commission  of
New  York  and  New  Jersey  established by part I, article III, of this
compact.
  2. "Airport" shall mean any area on land, water  or  building  or  any
other  facility  located  within  the  states of New York and New Jersey
(except a military installation of the  United  States  government)  (a)
which  is  located  within one hundred miles of any point in the port of
New York district, (b) which is used, or intended for use, for the land-
ing and take-off of aircraft operated by an air carrier, and any  appur-
tenant  areas  which are used or intended for use, for airport buildings
or other airport facilities or rights of way, together with all  airport
buildings,  equipment, aircraft, and facilities located thereon, and (c)
where the total tonnage of air freight in a  calendar  year  loaded  and
unloaded on and from aircraft exceeds twenty thousand tons.
  3.  "Air  carrier" shall mean any person who may be engaged or who may
hold himself out as willing to be engaged, whether as a common  carrier,
as a contract carrier or otherwise, in the carriage of freight by air.
  4.  "Air  freight"  shall  mean  freight  (including baggage, aircraft
stores and mail) which is, has been, or will be carried by or  consigned
for carriage by an air carrier.
  5.  "Air freight terminal" shall include any warehouse, depot or other
terminal (other than an airport) (a) any part of which is located within
an airport and any part of which is used for the storage of air freight,
or (b) which is operated by an air carrier or a  contractor  of  an  air
carrier and any part of which is used for the storage of air freight and
any part of which is located within the port of New York district.

S. 6478                            64

  6.  "Air  freight  terminal operator" shall mean the owner, lessee, or
contractor or such other person (other  than  an  employee)  who  is  in
direct  and  immediate charge and control of an air freight terminal, or
any portion thereof.
  7.  "Air freight truck carrier" shall mean a contractor (other than an
employee) engaged for compensation pursuant to a  contract  or  arrange-
ment,  directly  or  indirectly,  with an air carrier or air carriers or
with an air freight terminal operator or  operators  in  the  moving  of
freight  to  or  from  an  airport or air freight terminal by a truck or
other motor vehicle used primarily for the transportation of property.
  8. "Air freight security area" shall mean any area located within  the
airport  to  which  the  commission  determines that limited ingress and
egress is required for the protection and security of  any  air  freight
located within the airport.
  9. "Airfreightman" shall mean a natural person who is employed
  (a) by any person to physically move or to perform services incidental
to the movement of air freight at an airport or in an air freight termi-
nal; or
  (b)  by  an  air carrier or an air freight terminal operator or an air
freight truck carrier to transport or to assist in the transportation of
air freight to or from an airport or air freight terminal;  or
  (c) by any person to engage in direct and immediate  checking  of  any
air  freight  located  in an airport or in an air freight terminal or of
the custodial accounting therefor.
  10. "Airfreightman supervisor" shall mean  a  natural  person  who  is
employed  to  supervise  directly  and immediately the work of an airfr-
eightman at an airport or at an air freight terminal.
  11. "Airfreightman labor relations consultant" shall mean  any  person
who,  pursuant  to any contract or arrangement, advises or represents an
air carrier, an air freight terminal operator, or an air  freight  truck
carrier,  or  an organization of such employers (whether or not incorpo-
rated), or a labor organization representing any airfreightmen or airfr-
eightman supervisors, concerning the organization or collective bargain-
ing activities of airfreightmen or airfreightman supervisors, but  shall
not  include any person designated by any government official or body to
so act or any person duly licensed to practice law as an attorney in any
jurisdiction.  As used in this paragraph, the term "labor  organization"
shall mean and include any labor organization to which section eleven of
part V of this compact is applicable.
  12.  "Person"  shall mean not only a natural person but also any part-
nership, joint venture, association,  corporation  or  any  other  legal
entity  but  shall not include the United States, any state or territory
thereof or any department, division, board, commission or  authority  of
one  or  more  of the foregoing or any officer or employee thereof while
engaged in the performance of his official duties.
  13. "The port of New York district" shall mean the district created by
article II of the compact dated April thirtieth, nineteen hundred  twen-
ty-one,  between  the  states  of New York and New Jersey, authorized by
chapter one hundred fifty-four of the  laws  of  New  York  of  nineteen
hundred  twenty-one and chapter one hundred fifty-one of the laws of New
Jersey of nineteen hundred twenty-one, and any amendments thereto.
  14. "Court of the United States" shall mean all courts  enumerated  in
section  four  hundred  fifty-one  of  title  twenty-eight of the United
States code and the courts-martial of the armed  forces  of  the  United
States.

S. 6478                            65

  15.  "Witness" shall mean any person whose testimony is desired in any
investigation, interview or other proceeding conducted by the commission
pursuant to the provisions of this compact.
  16.  "Compact"  shall  mean  this  compact  and  rules and regulations
lawfully promulgated thereunder and shall also include any amendments or
supplements to this compact to implement the purposes thereof adopted by
the action of the legislature of either the state of  New  York  or  the
state of New Jersey concurred in by the legislature of the other.

                               ARTICLE III
                    GENERAL POWERS OF THE COMMISSION

  In  addition  to  the powers and duties of the commission conferred in
parts I, II, III, and V of this article, the commission shall  have  the
power:
  1. To administer and enforce the provisions of this compact;
  2.  To  establish such divisions and departments within the commission
as the commission may deem  necessary  and  to  appoint  such  officers,
agents  and  employees as it may deem necessary, prescribe their powers,
duties and qualifications and fix  their  compensation  and  retain  and
employ counsel and private consultants on a contract basis or otherwise;
  3.  To  make  and enforce such rules and regulations as the commission
may deem necessary to effectuate the purposes  of  this  compact  or  to
prevent  the circumvention or evasion thereof including, but not limited
to, rules and regulations (which  shall  be  applicable  to  any  person
licensed  by the commission, his employer, or any other person within an
airport) to provide for the maximum protection of air freight,  such  as
checking and custodial accounting, guarding, storing, fencing, gatehous-
es,  access  to  air  freight,  air  freight loss reports, and any other
requirements which the commission in  its  discretion  may  deem  to  be
necessary and appropriate to provide such maximum protection.  The rules
and regulations of the commission shall be effective upon publication in
the  manner  which the commission shall prescribe and upon filing in the
office of the secretary of state of each state.  A certified copy of any
such rules and regulations, attested as true and correct by the  commis-
sion,  shall  be  presumptive  evidence of the regular making, adoption,
approval and publication thereof;
  4. To have for its  members  and  its  properly  designated  officers,
agents  and  employees,  full and free access, ingress and egress to and
from all airports, air freight terminals, all aircraft traveling  to  or
from  an  airport  and  all  trucks or other motor vehicles or equipment
which are carrying air freight to or from any  airport  or  air  freight
terminal   for   the   purposes  of  conducting  investigations,  making
inspections or enforcing the provisions of this compact;  and no  person
shall  obstruct  or  in any way interfere with any such member, officer,
employee or agent in the making of such investigation or  inspection  or
in  the enforcement of the provisions of this compact or in the perform-
ance of any other power or duty under this compact;
  5. To make investigations, collect and compile information  concerning
airport practices generally, and upon all matters relating to the accom-
plishment of the objectives of this compact;
  6.  To  advise  and consult with representatives of labor and industry
and with public officials and agencies concerned with  the  effectuation
of  the  purposes of this compact, upon all matters which the commission
may desire, including but not limited to the form and substance of rules
and regulations and the administration of  the  compact  and  the  expe-

S. 6478                            66

ditious  handling  and efficient movement of air freight consistent with
the security of such air freight;
  7.  To make annual and other reports to the governors and legislatures
of both states containing recommendations for the  effectuation  of  the
purposes of this compact;
  8.  To issue temporary licenses and temporary permits under such terms
and conditions as the commission may prescribe;
  9. In any case in which the commission has  the  power  to  revoke  or
suspend  any  license or permit the commission shall also have the power
to impose as an alternative to such revocation or suspension, a penalty,
which the licensee or permittee may elect to pay the commission in  lieu
of  the  revocation  or  suspension.   The maximum penalty shall be five
thousand dollars for each separate offense. The commission may, for good
cause shown, abate all or part of such penalty;
  10. To determine the location,  size  and  suitability  of  field  and
administrative offices and any other accommodations necessary and desir-
able for the performance of the commission's duties under this compact;
  11.  To  acquire,  hold  and dispose of real and personal property, by
gift, purchase, lease, license or other similar manner, for  its  corpo-
rate purposes, and in connection therewith to borrow money;
  12. To recover possession of any card or other means of identification
issued by the commission as evidence of a license or permit in the event
that the holder thereof no longer is a licensee or permittee;
  13.  To  require  any licensee or permittee to exhibit upon demand the
license or permit issued to him  by  the  commission  or  to  wear  such
license or permit.
  The  powers and duties of the commission may be exercised by officers,
employees and agents designated by them, except the power to make  rules
and  regulations.   The commission shall have such additional powers and
duties as may hereafter be delegated to or imposed upon it from time  to
time  by  the  action of the legislature of either state concurred in by
the legislature of the other.

                               ARTICLE IV
               AIRFREIGHTMEN AND AIRFREIGHTMAN SUPERVISORS

  1. On and after the ninetieth day after the  effective  date  of  this
compact,  no  person  shall  act as an airfreightman or an airfreightman
supervisor within the state of New York or the state of New Jersey with-
out having first obtained from the commission a license to act  as  such
airfreightman  or  airfreightman  supervisor, as the case may be, and no
person shall employ another person to act as an airfreightman or  airfr-
eightman supervisor who is not so licensed.
  2.  A  license  to act as an airfreightman or airfreightman supervisor
shall be issued only upon the written application, under  oath,  of  the
person  proposing  to  employ  or  engage  another person to act as such
airfreightman or airfreightman supervisor, verified by  the  prospective
licensee  as  to  the  matters  concerning  him, and shall set forth the
prospective licensee's full name,  residence  address,  social  security
number,  and  such  further facts and evidence as may be required by the
commission to determine  the  identity,  the  existence  of  a  criminal
record,  if  any,  and the eligibility of the prospective licensee for a
license.
  3. The commission may in its discretion deny the application for  such
license  submitted  on  behalf  of a prospective licensee for any of the
following causes:

S. 6478                            67

  (a) Conviction by a court of the United States or any state or  terri-
tory  thereof,  without  subsequent pardon, of the commission of, or the
attempt or conspiracy to commit, treason, murder, manslaughter, coercion
or any felony or high misdemeanor or any of the  following  misdemeanors
or  offenses  (excluding,  however,  any conviction for a misdemeanor or
lesser offense arising out of physical misconduct committed  during  the
course  of  lawful organizational or collective bargaining activities of
any labor organization):   illegally using,  carrying  or  possessing  a
pistol  or  other dangerous weapon;  making, manufacturing or possessing
burglar's instruments;  buying or receiving  stolen  property;  criminal
possession  of stolen property;  unlawful entry of a building;  criminal
trespass;  aiding an escape from prison;    and  unlawfully  possessing,
selling or distributing a dangerous drug;
  (b)  Conviction  by  any  such  court,  after  having  been previously
convicted by any such court of any crime or of the offenses  hereinafter
set forth, of a misdemeanor or any of the following offenses (excluding,
however,  any conviction for a misdemeanor or lesser offense arising out
of physical misconduct committed during the course of  lawful  organiza-
tional  or  collective bargaining activities of any labor organization):
assault, malicious injury  to  property,  criminal  mischief,  malicious
mischief, criminal tampering, unlawful use or taking of a motor vehicle,
corruption  of  employees,  promoting  gambling,  possession of gambling
records or devices, or possession of lottery or number slips;
  (c) Fraud, deceit or misrepresentation in connection with any applica-
tion or petition submitted to, or any interview, hearing  or  proceeding
conducted by the commission;
  (d)  Violation  of  any provision of this act or the commission of any
offense thereunder;
  (e) Refusal on the part of the applicant, or prospective licensee,  to
answer  any  material  question  or  produce  any  material  evidence in
connection with the application;
  (f) As to an airfreightman,  his  presence  at  the  airports  or  air
freight  terminals  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;
  (g)  As to an airfreightman supervisor, failure to satisfy the commis-
sion that the prospective licensee possesses good character and integri-
ty;
  (h) Conviction of a crime or other cause which would permit  reprimand
of  such  prospective  licensee  or  the suspension or revocation of his
license if such person were already licensed.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be satisfied therefrom  that  the  prospective
licensee  possesses  the  qualifications  and requirements prescribed in
this article, the commission shall issue and deliver to the  prospective
licensee  a  license  to  act as an airfreightman or as an airfreightman
supervisor, as the case may be, and shall inform the  applicant  of  its
action.
  5.  The commission shall have the power to reprimand any airfreightman
or airfreightman supervisor licensed under this article or to revoke  or
suspend  his  license  for  such  period  as the commission deems in the
public interest for any of the following causes:
  (a) Conviction of a crime or other cause which would permit the denial
of a license upon original application;

S. 6478                            68

  (b) Fraud, deceit or misrepresentation in securing the license, or  in
the conduct of the licensed activity;
  (c) Transfer or surrender of possession to any person either temporar-
ily  or  permanently of any card or other means of identification issued
by the commission as evidence of a license, without satisfactory  expla-
nation;
  (d) False impersonation of another person who is a licensee or permit-
tee of the commission under this compact;
  (e) Wilful commission of, or wilful attempt to commit at an airport or
at an air freight terminal or adjacent highway any act of physical inju-
ry to any other person or of wilful damage to or misappropriation of any
other person's property, unless justified or excused by law.
  (f)  Violation of any of the provisions of this compact or inducing or
otherwise aiding or abetting any person to violate  the  terms  of  this
compact;
  (g)  Addiction to the use of, or unlawful possession, sale or distrib-
ution of a dangerous drug;
  (h) Paying, giving, causing to be paid or given or offering to pay  or
give  to  any person any valid consideration to induce such other person
to violate any provision of this compact or to induce any  public  offi-
cer, agent or employee to fail to perform his duty under this compact;
  (i) Consorting with known criminals for unlawful purposes;
  (j) Receipt or solicitation of anything of value from any person other
than  the  licensee's  or  permittee's employer as consideration for the
selection or retention for employment of any person who is a licensee or
permittee of the commission under this compact;
  (k) Coercion of any person who is  a  licensee  or  permittee  of  the
commission under this compact by threat of discrimination or violence or
economic  reprisal  to make purchases from or to utilize the services of
any person;
  (l) Lending any money to or borrowing any money from any person who is
a licensee or permittee of the commission under this compact  for  which
there is a charge of interest or other consideration which is usurious;
  (m)  Conviction of any criminal offense in relation to gambling, book-
making, pool selling, lotteries or similar crimes  or  offenses  if  the
crime  or offense was committed at an airport or air freight terminal or
within five hundred feet thereof;
  (n) Refusal to answer any material question or  produce  any  material
evidence  lawfully  required  to be answered or produced at any investi-
gation, interview or other proceeding conducted by the commission pursu-
ant to the provisions of this compact, or, if such refusal  is  accompa-
nied by a valid plea of privilege against self-incrimination, refusal to
obey  an  order to answer such question or produce such evidence made by
the commission pursuant to  the  power  of  the  commission  under  this
compact to grant immunity from prosecution;
  (o)  Refusal  to  exhibit his license or permit upon the demand of any
officer, agent or employee of the commission or  failure  to  wear  such
license or permit when required.
  6.  A  license  granted  pursuant  to this article shall expire on the
expiration date (which shall be at least one year from the date  of  its
issuance)  set  forth  by  the  commission on the card or other means of
identification issued by the commission as evidence of a license or upon
the termination of employment with the  employer  who  applied  for  the
license.  Upon  expiration  thereof,  a  license  may  be renewed by the
commission upon fulfilling the same requirements as  are  set  forth  in
this compact for an original application.

S. 6478                            69

                                ARTICLE V
                     AIR FREIGHT TERMINAL OPERATORS,
                       AIR FREIGHT TRUCK CARRIERS
                            AND AIRFREIGHTMAN
                       LABOR RELATIONS CONSULTANTS

  1.  On  and  after  the ninetieth day after the effective date of this
compact, no person, except an air carrier, shall act as an  air  freight
terminal  operator  or  as  an air freight truck carrier or as an airfr-
eightman labor relations consultant within the state of New York or  the
state  of  New  Jersey  without having first obtained a license from the
commission to act as an air freight  terminal  operator  or  as  an  air
freight truck carrier or as an airfreightman labor relations consultant,
as  the case may be, and no person shall employ or engage another person
to perform services as an air freight terminal operator  or  as  an  air
freight  truck carrier or as an airfreightman labor relations consultant
who is not so licensed.
  2. Any person intending to act as an air freight terminal operator  or
as  an  air freight truck carrier or as an airfreightman labor relations
consultant within the state of New York or the state of New Jersey shall
file in the office of the commission a written application for a license
to engage in such occupation duly signed and verified as follows:
  (a) If the applicant is a natural person,  the  application  shall  be
signed  and  verified  by such person and if the applicant is a partner-
ship, the application shall be  signed  and  verified  by  each  natural
person  composing or intending to compose such partnership. The applica-
tion shall state the full name, age,  residence,  business  address  (if
any), present and previous occupations of each natural person so signing
the  same,  and  any  other facts and evidence as may be required by the
commission to ascertain the character, integrity, identity and  criminal
record, if any, of each natural person so signing such application.
  (b) If the applicant is a corporation, the application shall be signed
and  verified  by  the  president,  secretary and treasurer thereof, and
shall specify the name of the corporation, the date  and  place  of  its
incorporation,  the  location  of  its  principal place of business, the
names and addresses of, and the amount of the stock held by stockholders
owning ten per cent or more of any of the stock thereof, and of all  the
officers  (including  all  members  of  the  board  of directors).   The
requirements of subdivision (a) of this section as to a  natural  person
who is a member of a partnership, and such requirements as may be speci-
fied in rules and regulations promulgated by the commission, shall apply
to  each  such  officer or stockholder and their successors in office or
interest as the case may be.
  In the event of the death, resignation or removal of any officer,  and
in the event of any change in the list of stockholders who shall own ten
per  cent or more of the stock of the corporation, the secretary of such
corporation shall forthwith give notice of that fact in writing  to  the
commission, certified by said secretary.
  3. No such license shall be granted
  (a)  If  any person whose signature or name appears in the application
is not the real party in interest required by section two of this  arti-
cle  to  sign or to be identified in the application or if the person so
signing or named in the application is an undisclosed agent  or  trustee
for  any such real party in interest or if any such real party in inter-
est does not sign the application;

S. 6478                            70

  (b) Unless the commission shall be satisfied that  the  applicant  and
all  members,  officers and stockholders required by section two of this
article to sign or be identified in the application for license  possess
good character and integrity;
  (c) If the applicant or any member, officer or stockholder required by
section  two of this article to sign or be identified in the application
for license has, without subsequent pardon, been convicted by a court of
the United States or any state or territory thereof  of  the  commission
of,  or  the  attempt  or  conspiracy  to  commit  any  crime or offense
described in subdivision (a) of section three  of  article  IV  of  this
compact.  Any  applicant  ineligible for a license by reason of any such
conviction may submit satisfactory evidence to the commission  that  the
person  whose conviction was the basis of ineligibility has for a period
of not less than five years, measured as hereinafter provided and up  to
the time of application, so conducted himself as to warrant the grant of
such license, in which event the commission may, in its discretion issue
an  order  removing  such  ineligibility.   The aforesaid period of five
years shall be measured either from the date  of  payment  of  any  fine
imposed  upon such person or the suspension of sentence or from the date
of his unrevoked release from custody by parole, commutation  or  termi-
nation  of  his  sentence.   Such petition may be made to the commission
before or after the hearing on the application;
  (d) If, on or after the effective date of this compact, the  applicant
has  paid, given, caused to have been paid or given or offered to pay or
give to any officer or employee of any other person employing or  engag-
ing  him  in  his  licensed  activity  any valuable consideration for an
improper or unlawful purpose or to induce such officer  or  employee  to
procure the employment of the applicant in his licensed activity by such
other person;
  (e)  If, on or after the effective date of this compact, the applicant
has paid, given, caused to have been paid, or given or offered to pay or
give to any officer or representative of a labor organization any  valu-
able consideration for an improper or unlawful purpose or to induce such
officer  or  representative  to  subordinate  the interest of such labor
organization or its members in the management of  the  affairs  of  such
labor  organization  to  the  interests  of  the  applicant or any other
person;
  (f) If, on or after the effective date of this compact, the  applicant
has  paid, given, caused to have been paid or given or offered to pay or
give to any agent of any other person any valuable consideration for  an
improper  or  unlawful  purpose or, without the knowledge and consent of
such other person, to induce such agent to procure the employment of the
applicant in his licensed activity by such other person.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possess  the qualifications and requirements prescribed in this article,
the commission shall issue and deliver a license to the applicant.
  5. The commission  shall  have  the  power  to  reprimand  any  person
licensed under this article or to revoke or suspend his license for such
period  as  the  commission  deems in the public interest for any of the
following causes on the part of the licensee or of any  person  required
by  section  two of this article to sign or be identified in an original
application for a license:
  (a) Any cause set forth in section five of article IV of this compact;

S. 6478                            71

  (b) Failure by the licensee to maintain a complete set  of  books  and
records  containing  a  true  and  accurate  account  of  the licensee's
receipts and disbursements arising out of his licensed activities;
  (c)  Failure  to keep said books and records available during business
hours for inspection by the commission and its duly designated represen-
tatives until the expiration of the fifth calendar  year  following  the
calendar year during which occurred the transactions recorded therein;
  (d)  Failure  to  pay  any assessment or fee payable to the commission
under this compact when due.
  6. A license granted pursuant to this  article  shall  expire  on  the
expiration  date  (which shall be at least one year from the date of its
issuance) set forth by the commission on the  card  or  other  means  of
identification  issued  by the commission as evidence of a license. Upon
expiration thereof, a license may be  renewed  by  the  commission  upon
fulfilling the same requirements as are set forth in this article for an
original application.

                               ARTICLE VI
                        AIR FREIGHT SECURITY AREA

  1.  On  or  after  the  effective date of this compact, the commission
shall have the power to designate any area located within an airport  as
an  air  freight  security  area.   No person who is not licensed by the
commission pursuant to this compact shall have ingress to an air freight
security area unless issued a permit by the commission.
  2. Any person who is not licensed by the commission pursuant  to  this
compact  and  who  desires  upon  any occasion ingress to an air freight
security area shall apply at the entrance to such area for a permit  for
ingress  for  that particular occasion.   In order to secure a permit, a
prospective permittee must show identification establishing his name and
address and he may be required by the commission to sign  a  consent  to
the  surrender  of  his  permit upon egress from such area and, if he is
driving a motor vehicle, to an inspection  of  his  motor  vehicle  upon
egress  from  such  area.   Any person desiring a permit to enter an air
freight security area may be denied such permit by the commission in its
discretion if the commission determines that the presence of such person
in such area would constitute a danger to the public peace or safety.
  3. Any person whose business, employment or occupation requires him to
have ingress upon a regular basis to an air freight security area  shall
be  required,  in  order to obtain ingress to such area, to apply to the
commission for a permit for a fixed period of duration to be  determined
by  the  commission.    Such applicant for a permit of a fixed period of
duration shall fulfill the same requirements as the prospective licensee
for an airfreightman's license.  The commission may in the  exercise  of
its  discretion suspend or revoke such permit of a fixed period of dura-
tion for the same causes which would permit the commission to revoke the
license of an airfreightman.
  4. The commission shall have the power to inspect  any  truck  or  any
other motor vehicle within an air freight security area.
  5.  The  provisions  of  this  article  shall not be applicable to any
person who is a member of the flight crew  or  flight  personnel  of  an
aircraft which is operated by an air carrier and which is located within
an  air  freight  security area upon a showing of such identification as
may be required by the commission.

S. 6478                            72

                               ARTICLE VII
                   HEARINGS, DETERMINATIONS AND REVIEW

  1.  The  commission  shall  not  deny any application for a license or
permit without giving the applicant or prospective licensee or permittee
reasonable prior notice and an opportunity to be heard.
  2. Any application for a license or permit, and any license or  permit
issued, may be denied, revoked or suspended, as the case may be, only in
the manner prescribed in this article.
  3.  The  commission  may  on its own initiative or on complaint of any
person, including any public official or agency,  institute  proceedings
to  revoke or suspend any license or permit after a hearing at which the
licensee or permittee and any person  making  such  complaint  shall  be
given an opportunity to be heard, provided that any order of the commis-
sion  revoking  or  suspending  any  license  or permit shall not become
effective until fifteen days subsequent to the serving of notice thereof
upon the licensee or permittee unless in the opinion of  the  commission
the continuance of the license or permit for such period would be inimi-
cal  to the public peace or safety.  Such hearings shall be held in such
manner and upon such notice as may be prescribed by  the  rules  of  the
commission, but such notice shall be of not less than ten days and shall
state the nature of the complaint.
  4. Pending the determination of such hearing pursuant to section three
of  this  article  the  commission  may temporarily suspend a license or
permit if in the opinion  of  the  commission  the  continuance  of  the
license  or  permit  for  such period is inimical to the public peace or
safety.
  5. The commission, or such member, officer, employee or agent  of  the
commission  as  may  be  designated  by the commission for such purpose,
shall have the power to issue subpoenas throughout both states to compel
the attendance of witnesses and the giving of testimony or production of
other evidence and to administer oaths in connection with any such hear-
ing.  It shall be the duty of the commission  or  of  any  such  member,
officer,  employee  or agent of the commission designated by the commis-
sion for such purpose to issue subpoenas at  the  request  of  and  upon
behalf  of the licensee, permittee or applicant.  The commission or such
person conducting the hearing shall not be bound by common law or statu-
tory rules of evidence or by technical or formal rules or  procedure  in
the conduct of such hearing.
  6.  Upon the conclusion of the hearing, the commission shall take such
action upon such findings and determinations  as  it  deems  proper  and
shall  execute  an order carrying such findings into effect.  The action
in the case of an application for a  license  or  permit  shall  be  the
granting  or  denial  thereof.   The action in the case of a licensee or
permittee shall be revocation of the license  or  permit  or  suspension
thereof for a fixed period or reprimand or a dismissal of the charges.
  7.  The  action  of  the  commission  in denying any application for a
license or permit or in suspending or revoking such license or permit or
in reprimanding a licensee or permittee shall  be  subject  to  judicial
review by a proceeding instituted in either state at the instance of the
applicant,  licensee  or  permittee in the manner provided by the law of
such state for review of the final decision or action of  administrative
agencies  of  such  state,  provided,  however, that notwithstanding any
other provision of law the court shall have power to stay for  not  more
than  thirty  days  an  order of the commission suspending or revoking a
license or permit.

S. 6478                            73

  8. At hearings conducted by the commission pursuant to  this  article,
applicants,  prospective licensees and permittees, licensees and permit-
tees shall have the right to be accompanied and represented by counsel.
  9.  After  the  conclusion  of a hearing but prior to the making of an
order by the commission,  a  hearing  may,  upon  petition  and  in  the
discretion  of  the hearing officer, be reopened for the presentation of
additional evidence.  Such petition to reopen the hearing shall state in
detail the nature of the additional evidence, together with the  reasons
for  the  failure to submit such evidence prior to the conclusion of the
hearing.  The commission may upon its own  motion  and  upon  reasonable
notice  reopen  a  hearing  for the presentation of additional evidence.
Upon petition, after the making of an order of the commission, rehearing
may be granted in the discretion of the commission.  Such a petition for
rehearing shall state in detail the grounds upon which the  petition  is
based  and shall separately set forth each error of law and fact alleged
to have been made by the commission in its determination, together  with
the  facts  and  arguments  in support thereof.   Such petition shall be
filed with the commission not later than thirty days  after  service  of
such  order  unless  the commission for good cause shown shall otherwise
direct.  The commission may upon its own motion grant a rehearing  after
the making of an order.

                              ARTICLE VIII
                       EXPENSES OF ADMINISTRATION

  1.  In  addition  to  the  budget of its expenses under the waterfront
commission compact, the commission shall annually adopt a budget of  its
expenses  under  this compact for each year.  The annual budget shall be
submitted to the governors of the two states and shall  take  effect  as
submitted  provided  that  either governor may within thirty days disap-
prove or reduce any item or items, and  the  budget  shall  be  adjusted
accordingly.
  2. After taking into account such funds as may be available to it from
reserves  in  excess  of ten per cent of such budget under this compact,
federal grants, or otherwise, the balance of the  commission's  budgeted
expenses  shall  be  obtained  by fees payable under this article and by
assessments upon employers of persons licensed  under  this  compact  as
provided in this article.
  3. With respect to airfreightmen and airfreightman supervisors who are
employed by an air freight truck carrier regularly to move freight to or
from an airport, the employers shall pay to the commission for each such
airfreightman  and  airfreightman  supervisor a license fee to be deter-
mined by the commission, not in excess of one hundred dollars  for  each
year,  commencing  with  the  first day of April.  The employer of every
person who is issued a permit of fixed duration by  the  commission  for
ingress  to an air freight security area, or the permittee himself if he
is self-employed, shall pay to the commission a fee to be determined  by
the  commission,  not  in  excess of seventy-five dollars for each year,
commencing with the first day of April.  The commission shall reduce the
maximum  fees  payable  under  this  section  proportionately  with  any
reduction in the maximum assessment rate of two per cent provided for by
this article.
  4.  Every  employer  of  airfreightmen  and  airfreightman supervisors
licensed by the commission, except  as  otherwise  provided  in  section
three  of  this  article,  shall  pay  to  the  commission an assessment
computed upon the gross payroll payments made by such employer to airfr-

S. 6478                            74

eightmen and airfreightman supervisors for work performed as such, at  a
rate,  not in excess of two per cent, computed by the commission, in the
following manner:  the commission shall annually estimate the fees paya-
ble  under  this  article  and  the gross payroll payments to be made by
employers subject to assessment and shall compute the fees and a rate of
assessment which will yield revenues sufficient to finance  the  balance
of  the  commission's budget for each year as provided in section two of
this article. The commission may hold in reserve an amount not to exceed
ten per cent of its total budgeted expenses for the year, which  reserve
shall not be included as part of the budget.  Such reserve shall be held
for  the  stabilization  of annual assessments, the payment of operating
deficits and for the repayment of any advances made by the two states.
  5. The amount required to balance the commission's budget in excess of
the estimated yield of the maximum fees and assessment, shall be  certi-
fied  by  the commission, with the approval of the respective governors,
to the legislatures of the two states, in proportion to  the  respective
totals  of the assessments and fees paid to the commission by persons in
each of the two states.  The legislatures shall annually appropriate  to
the commission the amount so certified.
  6.  The  assessments  and fees hereunder shall be in lieu of any other
charge for the issuance of licenses or permits by the commission  pursu-
ant to this compact.
  7.  In  addition to any other sanction provided by law, the commission
may revoke or suspend any license or permit held by any  employer  under
this compact and/or the license or permit held under this compact by any
employees of such employer, or the permit held under this compact by any
permittee  who is self-employed, and in addition the commission may deny
ingress to such employers, employees or permittees to air freight  secu-
rity areas, for nonpayment of any assessment or fee when due.
  8.  Every  person  subject to the payment of any assessment under this
compact shall file on or before the twentieth day of the first month  of
each  calendar quarter-year a separate return, together with the payment
of the assessment due, for the preceding  calendar  quarter-year  during
which  any  payroll  payments  were  made  to  licensed persons for whom
assessments are payable for work performed as such. Returns covering the
amount of assessment payable shall be filed with the commission on forms
to be furnished for such purpose and shall contain such  data,  informa-
tion  or  matter  as  the commission may require to be included therein.
The commission may grant a  reasonable  extension  of  time  for  filing
returns,  or  for  payment  of  assessment,  whenever good cause exists.
Every return shall have annexed thereto a certification  to  the  effect
that the statements contained therein are true.
  9.  Every  person subject to the payment of assessment hereunder shall
keep an accurate record of his employment of licensed persons  for  whom
assessments  are  payable,  which  shall show the amount of compensation
paid and such other information as the commission  may  require.    Such
records  shall  be preserved for a period of three years and be open for
inspection at reasonable times.   The  commission  may  consent  to  the
destruction  of  any  such  records at any time after said period or may
require that they be kept longer but not in excess of six years.
  10. (a) The commission shall audit and determine the amount of assess-
ment due from the return filed and such other information as  is  avail-
able  to  it.    Whenever  a  deficiency in payment of the assessment is
determined the commission shall give notice of any such determination to
the person liable  therefor.    Such  determination  shall  finally  and
conclusively  fix  the  amount due, unless the person against whom it is

S. 6478                            75

assessed shall, within thirty days after the giving of  notice  of  such
determination,  apply  in  writing  to  the commission for a hearing, or
unless the commission on its own motion shall reduce the  same.    After
such  hearing,  the  commission shall give notice of its decision to the
person liable therefor.  A determination of the  commission  under  this
section  shall  be  subject  to judicial review, if application for such
review is made within thirty days after the giving  of  notice  of  such
decision.    Any  determination  under this article shall be made within
five years from the time the return was filed and if no return was filed
such determination may be made at any time.
  (b) Any notice authorized or required under this article may be  given
by  mailing  the  same to the person for whom it is intended at the last
address given by him to the commission, or in the last return  filed  by
him  with  the  commission  under this article, or if no return has been
filed then to such address as may be obtainable.   The mailing  of  such
notice  shall  be  presumptive  evidence  of  the receipt of same by the
person to whom addressed.   Any period  of  time,  which  is  determined
according  to  the  provision  of this section, for the giving of notice
shall commence to run from the date of mailing of such notice.
  11. Every person required to pay a fee for a license or a permit under
this article shall pay the same upon filing of the application with  the
commission  for  such  license  or permit.   The fee for such license or
permit shall be prorated for the fiscal year for which the same is paya-
ble as of the date the application for such license or permit  is  filed
with  the commission.  The commission shall prorate and make a refund of
such fee for the period between the date of application and the date  of
the  issuance of such license or permit.  Upon surrender of such license
or permit or upon the revocation of any such license or permit issued to
an employee before the expiration of the  fiscal  year,  the  commission
shall make a refund prorated for the unexpired portion of the year, less
ten  per cent of such refund.  In the event of denial of any application
for a license or permit, the commission shall refund the fee  paid  upon
application, less ten per cent of such refund.
  12.    Whenever  any person shall fail to pay, within the time limited
herein, any assessment or fee which he is required to pay to the commis-
sion under the provisions of this article  the  commission  may  enforce
payment of such assessment or fee by civil action for the amount of such
assessment or fee with interest and penalties.
  13.  The employment by a nonresident of a licensed person or permittee
for whom assessments or fees are payable in either state or  the  desig-
nation  by  a  nonresident  of a licensed person or permittee to perform
work in such state shall be deemed equivalent to an appointment by  such
nonresident  of  the secretary of state of such state to be his true and
lawful attorney upon whom may be served the process  in  any  action  or
proceeding  against  him growing out of any liability for assessments or
fees, penalties or interest, and a consent that any such process against
him which is so served shall be of the same legal force and validity  as
if served on him personally within such state and within the territorial
jurisdiction  of  the  court  from which the process issues.  Service of
process within either state shall  be  made  by  either  (1)  personally
delivering to and leaving with the secretary of state or a deputy secre-
tary  of  state  of such state duplicate copies thereof at the office of
the department of state in the capital city  of  such  state,  in  which
event  such  secretary  of state shall forthwith send by registered mail
one of such copies to the person at the last address designated  by  him
to  the  commission  for  any  purpose under this article or in the last

S. 6478                            76

return filed by him under this article with the commission or  as  shown
on the records of the commission, or if no return has been filed, at his
last  known  office  address  within  or    without  such  state, or (2)
personally  delivering  to  and leaving with the secretary of state or a
deputy secretary of state of such state a copy thereof at the office  of
the  department of state in the capital city of such state and by deliv-
ering a copy thereof to  the  person,  personally  without  such  state.
Proof  of  such  personal service without such state shall be filed with
the clerk of the court in which the process  is  pending  within  thirty
days  after  such  service  and  such service shall be complete ten days
after proof thereof is filed.
  14. Whenever the commission shall determine that any  moneys  received
as  assessments  or fees were paid in error, it may cause the same to be
refunded, provided an application therefor is filed with the  commission
within two years from the time the erroneous payment was made.
  15.  In addition to any other powers authorized hereunder, the commis-
sion shall have power to make reasonable rules and regulations to effec-
tuate the purposes of this article.
  16. When any person shall wilfully fail to pay any assessment  or  fee
due  hereunder  he  shall be assessed interest at a rate of one per cent
per month on the amount due and unpaid and penalties of five per cent of
the amount due for each thirty days or part thereof that the  assessment
remains  unpaid.  The commission may, for good cause shown, abate all or
part of such penalty.
  17.  Any person who shall wilfully furnish false or fraudulent  infor-
mation  or  shall  wilfully  fail  to  furnish  pertinent information as
required, with respect to the amount of any assessment or fee due, shall
be guilty of a misdemeanor, punishable by a fine of not  more  than  one
thousand dollars, or imprisonment for not more than one year, or both.
  18. All funds of the commission shall be deposited with such responsi-
ble  banks  or  trust  companies as may be designated by the commission.
The commission may require that all such deposits be  secured  by  obli-
gations  of the United States or of the states of New York or New Jersey
of a market value equal at all times to the amount of the deposits,  and
all  banks  and trust companies are authorized to give such security for
such deposits.  The moneys so deposited shall be withdrawn only by check
signed by two members of the commission or by  such  other  officers  or
employees of the commission as it may from time to time designate.
  19.  The  accounts, books and records of the commission, including its
receipts, disbursements, contracts, leases, investments  and  any  other
matters relating to its financial standing shall be examined and audited
annually  by independent auditors to be retained for such purpose by the
commission.
  20.  The commission shall reimburse each state for any funds  advanced
to  the  commission  exclusive  of sums appropriated pursuant to section
five of this article.

                               ARTICLE IX
               GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES

  1. The failure of any witness, when duly subpoenaed to attend, to give
testimony or produce other evidence in any investigation,  interview  or
other  proceeding conducted by the commission pursuant to the provisions
of this compact, shall be punishable by the superior court in New Jersey
and the supreme court in New York in the same manner as said failure  is
punishable by such court in a case therein pending.

S. 6478                            77

  2.  Any person who, having been duly sworn or affirmed as a witness in
any investigation,  interview  or  other  proceeding  conducted  by  the
commission  pursuant  to  the provisions of this compact, shall wilfully
give false testimony shall be guilty of a misdemeanor  punishable  by  a
fine  of not more than one thousand dollars or imprisonment for not more
than one year or both.
  3. Any person who interferes with or impedes the orderly licensing  of
or  orderly granting of any permits to any other person pursuant to this
compact, or who attempts, conspires, or threatens so  to  do,  shall  be
guilty  of a misdemeanor punishable by a fine of not more than one thou-
sand dollars or imprisonment for not more than one year or both.
  4. Any person who directly or  indirectly  inflicts  or  threatens  to
inflict  any  injury,  damage, harm or loss or in any other manner prac-
tices intimidation upon or against any person  in  order  to  induce  or
compel  such  person  or  any  other  person to refrain from obtaining a
license or permit pursuant to this compact shall be guilty of  a  misde-
meanor  punishable  by  a  fine of not more than one thousand dollars or
imprisonment for not more than one year or both.
  5. Any person who, without justification or excuse in law, directly or
indirectly, intimidates or inflicts any injury, damage,  harm,  loss  or
economic  reprisal  upon any person who holds a license or permit issued
by the commission pursuant to this compact,  or  any  other  person,  or
attempts,  conspires  or threatens so to do, in order to interfere with,
impede or influence such licensee or permittee  in  the  performance  or
discharge of his duties or obligations shall be guilty of a misdemeanor,
punishable  by a fine of not more than one thousand dollars or imprison-
ment of not more than one year or both.
  6. Any person who shall violate any of the provisions of this compact,
for which no other penalty is prescribed, shall be guilty of a misdemea-
nor, punishable by a fine of not more than one thousand  dollars  or  by
imprisonment for not more than one year or both.
  7.  In  any  prosecution under this compact, it shall be sufficient to
prove only a single act (or a single holding out or attempt)  prohibited
by  law without having to prove a general course of conduct, in order to
prove a violation.

                                ARTICLE X
                  AMENDMENTS; CONSTRUCTION; SHORT TITLE

  1. Amendments  and  supplements  to  this  compact  to  implement  the
purposes  thereof  may  be  adopted  by the action of the legislature of
either state concurred in by the legislature of the other.
  2.  If any part or provision of this compact or the application there-
of to any person or circumstances be adjudged invalid by  any  court  of
competent jurisdiction, such judgment shall be confined in its operation
to  the  part, provision or application directly involved in the contro-
versy in which such judgment shall have  been  rendered  and  shall  not
affect  or  impair  the validity of the remainder of this compact or the
application thereof to other persons or circumstances and the two states
hereby declare that they would have entered into  this  compact  or  the
remainder  thereof  had  the invalidity of such provision or application
thereof been apparent.
  3. In accordance with the ordinary rules for  construction  of  inter-
state  compacts  this  compact shall be liberally construed to eliminate
the evils described therein and to effectuate the purposes thereof.

S. 6478                            78

  4. This compact shall be known  and  may  be  cited  as  the  "Airport
Commission Compact".

                                 PART V

  S  11. Prohibition against unions having officers, agents or employees
who have been convicted of certain crimes and offenses.  No person shall
solicit, collect or receive any  dues,  assessments,  levies,  fines  or
contributions, or other charges within the state for or on behalf of any
labor  organization  which  receives, directly or indirectly, twenty per
cent or more of its dues, assessments, levies, fines  or  contributions,
or other charges from persons who hold licenses issued by the commission
pursuant  to  the  airport  commission compact, or for or on behalf of a
labor organization which derives its charter from a  labor  organization
which  receives,  directly or indirectly, twenty per cent or more of its
dues, assessments, levies, fines or contributions, or other charges from
persons who hold licenses issued  by  the  commission  pursuant  to  the
airport  commission  compact,  if any officer, agent or employee of such
labor organization, or of a welfare fund or trust administered partially
or entirely by such labor organization or by trustees or  other  persons
designated  by such labor organization, has been convicted by a court of
the United States, or any state or territory thereof, of a  felony,  any
misdemeanor involving moral turpitude or any crime or offense enumerated
in  subdivision (a) of section three of article IV of the compact estab-
lished pursuant to part IV of this article, unless he  has  been  subse-
quently pardoned therefor by the governor or other appropriate authority
of  the  state  or  jurisdiction in which such conviction was had or has
received  a certificate of good conduct or other relief  from  disabili-
ties arising from the fact of conviction from a board of parole or simi-
lar  authority.  No person so convicted shall serve as an officer, agent
or employee of such labor organization, welfare  fund  or  trust  unless
such  person  has been so pardoned or has received such a certificate of
good conduct.   No person, including such  labor  organization,  welfare
fund or trust, shall knowingly permit such convicted person to assume or
hold any office, agency or employment in violation of this section.
  As  used in this section, the term "labor organization" shall mean and
include any organization which exists and is constituted for the purpose
in whole or in part of collective bargaining, or of dealing with employ-
ers concerning grievances, terms and conditions  of  employment,  or  of
other  mutual  aid or protection;  but it shall not include a federation
or congress of labor organizations organized on a national  or  interna-
tional  basis even though one of its constituent labor organizations may
represent persons who hold licenses issued by the commission pursuant to
the airport commission compact.
  S 11-a. Prohibition against employer  organizations  having  officers,
agents  or  employees  who  have  been  convicted  of certain crimes and
offenses.  No person shall solicit, collect or receive any dues, assess-
ments, levies, fines or contributions, or other charges within the state
for or on behalf of any organization of employers (whether  incorporated
or  not)  twenty per cent or more of whose members have in their employ-
ment any employees who are members of a labor organization to which  the
prohibition  of  section eleven of this part is applicable, if any offi-
cer, agent or employee of such employer organization  or  of  a  welfare
fund or trust administered partially or entirely by such employer organ-
ization  or  by  trustees  or  other persons designated by such employer
organization, has been convicted by a court of the United States, or any

S. 6478                            79

state or territory thereof, of a felony, any misdemeanor involving moral
turpitude or any crime or  offense  enumerated  in  subdivision  (a)  of
section  three of article IV of the compact established pursuant to part
IV of this article, unless he has been subsequently pardoned therefor by
the governor or other appropriate authority of the state or jurisdiction
in  which  such conviction was had or has received a certificate of good
conduct or other relief from  disabilities  arising  from  the  fact  of
conviction  from  a  board of parole or similar authority.  No person so
convicted shall serve as an officer, agent or employee of such  employer
organization,  welfare  fund  or  trust  unless  such person has been so
pardoned or has received such a  certificate  of  good    conduct.    No
person,  including  such  employer  organization, welfare fund or trust,
shall knowingly permit such convicted  person  to  assume  or  hold  any
office, agency or employment in violation of this section.
  S 11-b. Exceptions to sections eleven and eleven-a for certain employ-
ees.   If upon application to the commission by an employee who has been
convicted of a crime or offense specified in section eleven  or  section
eleven-a  of  this part the commission, in its discretion, determines in
an order that it would not be contrary to the purposes and objectives of
the airport commission compact for such employee to work in a particular
employment otherwise prohibited by section eleven or  section  eleven-a,
the  provisions  of  section eleven or section eleven-a, as the case may
be, shall not apply to the particular employment of such  employee  with
respect  to  such  conviction  or  convictions  as  are specified in the
commission's order.  This section is applicable only to those  employees
who for wages or salary perform manual, mechanical or physical work of a
routine  or  clerical  nature at the premises of the labor organization,
employer organization, welfare fund or trust by which they are employed.
  S 12. Civil penalties.  The commission may maintain a civil action  on
behalf  of  the  state  against  any  person who violates or attempts or
conspires to violate any provision of this act or who  fails,  omits  or
neglects  to  obey, observe or comply with any order or direction of the
commission issued under this article, to recover a judgment for a  money
penalty  not  exceeding five hundred dollars for each and every offense.
Every violation of any such provision, order or  direction  shall  be  a
separate  and  distinct  offense and, in case of a continuing violation,
every day's continuance shall be and be deemed  to  be  a  separate  and
distinct  offense.  Any  such  action  may be settled or discontinued on
application of the commission upon such terms as the court  may  approve
and  a  judgment  may  be  rendered  for  an amount less than the amount
demanded in the complaint as justice may require.
  S 13. Civil enforcement.  The commission may maintain a  civil  action
against  any  person  to compel compliance with any of the provisions of
this compact or any order or direction of the  commission  issued  under
this  compact  or  to  prevent  violations,  attempts or conspiracies to
violate any such provisions, or interference, attempts  or  conspiracies
to  interfere  with  or impede the enforcement of any such provisions or
the exercise or performance of any power or duty thereunder,  either  by
mandamus,  injunction  or  action  or  proceeding in lieu of prerogative
writ.
  S 14. Exemption from arrest and service of process.   If a  person  in
obedience  to  a subpoena, issued pursuant to this article directing him
to attend and testify comes into either state party to this article from
the other state, he shall not, while in  that  state  pursuant  to  such
subpoena, be subject to arrest or the service of process, civil or crim-

S. 6478                            80

inal,  in  connection  with matters which arose before his entrance into
such state under the subpoena.
  S  15.  Nonresident witnesses.   Any investigation, interview or other
proceeding conducted by the commission pursuant  to  the  provisions  of
this compact shall be deemed to be a civil action pending in the supreme
court in New York or in the superior court in New Jersey so as to permit
the  commission  to obtain disclosure, in accordance with the provisions
governing disclosure in such civil actions, from any person who  may  be
outside the states.
  S  16.  Officers and employees.  Any officer or employee in the state,
county or municipal civil service in either state who shall transfer  to
service  with  the commission may be given one or more leaves of absence
without pay and may, before the expiration of such leave  or  leaves  of
absence, and without further examination or qualification, return to his
former  position or be certified by the appropriate civil service agency
for retransfer to a comparable position in such state, county, or munic-
ipal civil service if such a position is then available.
  The commission may, by agreement with any federal  agency  from  which
any  officer  or  employee  may transfer to service with the commission,
make similar provision for the retransfer of such officer or employee to
such federal agency.
  Notwithstanding the provisions of any other law in either  state,  any
officer  or employee in the state, county or municipal service in either
state who shall transfer to service with the commission  and  who  is  a
member  of any existing state, county or municipal pension or retirement
system in New Jersey or New York, shall continue  to  have  all  rights,
privileges,  obligations and status with respect to such fund, system or
systems as if he had continued in his state, county or municipal  office
or employment, but during the period of his service as a member, officer
or  employee  of  the  commission,  all  contributions to any pension or
retirement fund or system to be paid by the employer on account of  such
member,  officer  or  employee,  shall  be paid by the commission.   The
commission may, by agreement with the appropriate federal  agency,  make
similar  provisions relating to continuance of retirement system member-
ship for any federal officer or employee so transferred.
  S 17. Penalties.  Any person who shall violate any of  the  provisions
of  this  compact,  for  which  no other penalty is prescribed, shall be
guilty of a misdemeanor, punishable by a fine of not more than one thou-
sand dollars or imprisonment for not more than one year or both.
  S 18. Short title.  This act shall be known and may be  cited  as  the
"Waterfront and Airport Commission Act".
  S  6.  Chapter  40-A  of  the  consolidated laws constituting the port
authority of New York and New Jersey created by section five of this act
shall be deemed for all purposes  to  be  a  continuation  of  the  port
authority  of  New York and New Jersey as it was constituted immediately
preceding the effective date of this act and shall not be construed as a
newly created authority.  All unexpended balances of  appropriations  of
monies  heretobefore made or allocated to the port authority of New York
and New Jersey as such authority was constituted  immediately  preceding
the  effective  date  of this act, whether obligated or unobligated, are
hereby transferred to and made available to the port  authority  of  New
York and New Jersey as created in section three of this act.  All rules,
regulations, orders, determinations, and decisions of the port authority
of  New York and New Jersey, as it was constituted immediately preceding
the effective date of this act, shall continue in full force and  effect
as  rules, regulations, orders, determinations and decisions of the port

S. 6478                            81

authority of New York and New Jersey created by  section  five  of  this
act.
  S 7. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 8. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation  this act shall take effect immediately. The chairman of the
port authority shall notify the  legislative  bill  drafting  commission
upon  the  enactment into law of such legislation by both such states in
order that the commission may maintain an accurate and timely  effective
data  base  of the official text of the laws of the state of New York in
furtherance of effecting the provision of section 44 of the  legislative
law and section 70-b of the public officers law.

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