senate Bill S6478A

2013-2014 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1258
committee discharged and committed to rules
May 30, 2014 print number 6478a
amend (t) and recommit to corporations, authorities and commissions
Jan 29, 2014 referred to corporations, authorities and commissions

Votes

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Bill Amendments

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A (Active)

S6478 - Bill Details

Current Committee:
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)

S6478 - Bill Texts

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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 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.

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                    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.

S6478A (ACTIVE) - Bill Details

Current Committee:
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)

S6478A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6478A

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; to repeal chapter 882 of the
laws of 1953 relating to waterfront employment and air freight
industry regulation; to repeal chapter 700 of the laws of 1927
relating to the veto power of the governor; to repeal chapter 48 of
the laws of 1931 regulating the use of revenues received by the port
of New York authority from or in connection with the operation of
terminal and transportation facilities relating thereto; to repeal
chapter 553 of the laws of 1931 relating to payment of a fair and
reasonable sum by the port authority; to repeal chapter 876 of the
laws of 1935 relating to the payment of a fair and reasonable sum for
a change in grade; to repeal chapter 203 of the laws of 1938 relating
to the sale of real property acquired by the port authority; to repeal
chapter 163 of the laws of 1945 relating to motor truck terminals; to
repeal chapter 352 of the laws of 1946 relating to monies for
preliminary studies upon the interstate vehicular bridges known as the
Outerbridge crossing, the Goethals bridge and the Bayonne bridge; to
repeal chapter 443 of the laws of 1946 relating to the financing and
effectuating of a motor bus terminal by the port authority; to repeal
chapter 631 of the laws of 1947 relating to the development of marine
terminals by the port authority; to repeal chapter 802 of the laws of
1947 relating to the financing of air terminals by the port authority;
to repeal chapter 819 of the laws of 1947 relating to the port
authority's ability to exercise the right of eminent domain; to repeal
chapter 301 of the laws of 1950 relating to suits against the port
authority; to repeal chapter 774 of the laws of 1950 relating to the
rules and regulations governing traffic on vehicular crossings
operated by the port authority; to repeal chapter 206 of the laws of
1951 relating to traffic regulations for air and marine terminals; to
repeal chapter 207 of the laws of 1951 relating to penalties for
violation of rules and regulations; to repeal chapter 142 of the laws
of 1953 relating to smoking regulations for air and marine terminals;
to repeal chapter 143 of the laws of 1953 relating to suits on leases
at International Airport; to repeal chapter 808 of the laws of 1955,
relating to the Narrows bridge; to repeal chapter 444 of the laws of
1956 relating to New Jersey turnpike connections; to repeal chapter
638 of the laws of 1959, relating to the purchase, financing and
rental of commuter railroad cars by the port of New York authority and
agreeing with the state of New Jersey with respect thereto; to repeal
chapter 209 of the laws of 1962, relating to the financing and
effectuation by the port of New York authority of a port development
project, consisting of the Hudson tubes, the Hudson tubes extensions
and a world trade center; to repeal chapter 665 of the laws of 1964,
relating to the operation within the state of New York of the Hudson
tubes and the Hudson tubes extensions; to repeal chapter 474 of the
laws of 1971, relating to the authorization of the port of New York
authority to provide access by mass transportation facilities to air
terminals; to repeal chapter 651 of the laws of 1978, relating to the
further coordination, facilitation, promotion, preservation and
protection of trade and commerce in and through the port of New York
district through the financing and effectuation of industrial
development projects therein by the port authority of New York and New


Jersey, and agreeing with the state of New Jersey with respect
thereto; to repeal chapter 12 of the laws of 1979, relating to the
acquisition, development, financing and transfer of buses and related
facilities by the port authority of New York and New Jersey and the
utilization thereof; 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 repeals Chapter 700 of the Laws of 1927.

Section 6 repeals chapter 48 of the Laws of 1931.

Section 7 repeals Chapter 553 of the Laws of 1931.

Section 8 repeals Chapter 876 of the Laws of 1935.

Section 9 repeals Chapter 203 of the Laws of 1938.

Section 10 repeals Chapter 163 of the Laws of 1945.

Section 11 repeals Chapter 352 of the Laws of 1946.

Section 12 repeals Chapter 443 of the Laws of 1946.

Section 13 repeals Chapter 631 of the Laws of 1947.

Section 14 repeals Chapter 802 of the Laws of 1947.

Section 15 repeals Chapter 819 of the laws of 1947.

Section 16 repeals Chapter 301 of the Laws of 1950.

Section 17 repeals Chapter 774 of the Laws of 1950.

Section 18 repeals Chapter 206 of the Laws of 1951.

Section 19 repeals Chapter 207 of the Laws of 1951.

Section 20 repeals Chapter 142 of the Laws of 1953.

Section 21 repeals Chapter 143 of the Laws of 1953.

Section 22 repeals Chapter 808 of the Laws of 1955.

Section 23 repeals Chapter 444 of the Laws of 1956.

Section 24 repeals Chapter 638 of the Laws of 1959.


Section 25 repeals Chapter 209 of the Laws of 1962.

Section 26 repeals Chapter 665 of the Laws of 1964.

Section 27 repeals Chapter 474 of the Laws of 1971.

Section 28 repeals Chapter 651 of the Laws of 1978.

Section 29 repeals Chapter 12 of the Laws of 1979.

Section 30 adds chapter 40-A to the Consolidated Laws is added to read
as follows:

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

Article V encompasses the provisions of Chapter 700 of the laws of
1927

Article VI encompasses the provisions of Chapter 48 of the Laws of
1931

Article VII encompasses the provisions of Chapter 553 of the Laws of
1931

Article VIII encompasses the provisions of Chapter 876 of the Laws of
1935

Article IX encompasses the provisions of Chapter 203 of the Laws of
1938

Article X encompasses the provisions of Chapter 163 of the Laws of
1945

Article XI encompasses the provisions of Chapter 352 of the Laws of
1946

Article XII encompasses the provisions of Chapter 443 of the Laws of
1946

Article XIII encompasses the provisions of Chapter 631 of the Laws of
1947

Article XIV encompasses the provisions of Chapter 802 of the Laws of
1947

Article XV encompasses the provisions of Chapter 819 of the Laws of
1947


Article XVI encompasses the provisions of Chapter 301 of the Laws of
1950

Article XVII encompasses the provisions of Chapter 774 of the Laws of
1950

Article XVIII encompasses the provisions of Chapter 206 of the Laws of
1951

Article XIX encompasses the provisions of Chapter 207 of the laws of
1951

Article XX encompasses the provisions of Chapter 142 of the laws of
1951

Article XXI encompasses the provisions of Chapter 143 of the laws of
1953

Article XXII encompasses the provisions of Chapter 808 of the laws of
1955

Article XXIII encompasses the provisions of Chapter 444 of the laws of
1956

Article XXIV encompasses the provisions of Chapter 638 of the Laws of
1959

Article XXV encompasses the provisions of Chapter 209 of the Laws of
1962

Article XXVI encompasses the provisions of Chapter 665 of the laws of
1964

Article XXVII encompasses the provisions of Chapter 474 of the Laws of
1971

Article XXVIII encompasses the provisions of Chapter 651 of the laws
of 1978

Article XXIX encompasses the provisions of Chapter 12 of the Laws of
1979

Section 31 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 32 relates to severability.

Section 33 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.

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

                                 6478--A

                            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 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  repeal chapter 154 of the laws of 1921 relating to the port
  authority of New York and New Jersey; to repeal chapter 43 of the laws
  1922 relating to the development of the port of New  York;  to  repeal
  chapter  47 of the laws of 1931 relating to bridges and tunnels in New
  York and New Jersey; to repeal chapter 882 of the laws of 1953  relat-
  ing  to  waterfront employment and air freight industry regulation; to
  repeal chapter 700 of the laws of 1927 relating to the veto  power  of
  the  governor; to repeal chapter 48 of the laws of 1931 regulating the
  use of revenues received by the port of New York authority from or  in
  connection  with  the operation of terminal and transportation facili-
  ties relating thereto; to repeal chapter  553  of  the  laws  of  1931
  relating  to payment of a fair and reasonable sum by the port authori-
  ty; to repeal chapter 876 of the laws of 1935 relating to the  payment
  of  a fair and reasonable sum for a change in grade; to repeal chapter
  203 of the laws of 1938 relating to the sale of real property acquired
  by the port authority; to repeal chapter  163  of  the  laws  of  1945
  relating  to  motor truck terminals; to repeal chapter 352 of the laws
  of 1946 relating to monies for preliminary studies upon the interstate
  vehicular bridges known as  the  Outerbridge  crossing,  the  Goethals
  bridge  and  the  Bayonne bridge; to repeal chapter 443 of the laws of
  1946 relating to the financing and effectuating of a motor bus  termi-
  nal  by  the port authority; to repeal chapter 631 of the laws of 1947
  relating to the development of marine terminals by the port authority;
  to repeal chapter 802 of the laws of 1947 relating to the financing of
  air terminals by the port authority; to repeal chapter 819 of the laws
  of 1947 relating to the port authority's ability to exercise the right
  of eminent domain; to repeal chapter 301 of the laws of 1950  relating
  to suits against the port authority; to repeal chapter 774 of the laws
  of  1950  relating  to  the rules and regulations governing traffic on
  vehicular crossings operated by the port authority; to repeal  chapter
  206  of  the  laws of 1951 relating to traffic regulations for air and
  marine terminals; to repeal chapter 207 of the laws of  1951  relating
  to penalties for violation of rules and regulations; to repeal chapter

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13647-03-4

S. 6478--A                          2

  142  of  the  laws of 1953 relating to smoking regulations for air and
  marine terminals; to repeal chapter 143 of the laws of  1953  relating
  to  suits on leases at International Airport; to repeal chapter 808 of
  the  laws  of  1955, relating to the Narrows bridge; to repeal chapter
  444 of the laws of 1956 relating to New Jersey  turnpike  connections;
  to  repeal  chapter 638 of the laws of 1959, relating to the purchase,
  financing and rental of commuter railroad cars by the port of New York
  authority and agreeing with the state of New Jersey with respect ther-
  eto; to repeal chapter 209 of  the  laws  of  1962,  relating  to  the
  financing and effectuation by the port of New York authority of a port
  development  project, consisting of the Hudson tubes, the Hudson tubes
  extensions and a world trade center; to repeal chapter 665 of the laws
  of 1964, relating to the operation within the state of New York of the
  Hudson tubes and the Hudson tubes extensions; to repeal chapter 474 of
  the laws of 1971, relating to the authorization of  the  port  of  New
  York  authority to provide access by mass transportation facilities to
  air terminals; to repeal chapter 651 of the laws of 1978, relating  to
  the  further  coordination,  facilitation, promotion, preservation and
  protection of trade and commerce in and through the port of  New  York
  district through the financing and effectuation of industrial develop-
  ment  projects  therein  by  the  port  authority  of New York and New
  Jersey, and agreeing with the state of New Jersey with respect  there-
  to; to repeal chapter 12 of the laws of 1979, relating to the acquisi-
  tion, development, financing and transfer of buses and related facili-
  ties  by  the  port  authority  of  New  York  and  New Jersey and the
  utilization thereof; and relating to constituting chapter 40-A of  the
  consolidated  laws,  in relation to the port authority of New York and
  New Jersey

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

  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 700 of the laws of 1927 relating to the veto power of the
governor is REPEALED.
  S 6. Chapter 48 of the laws of 1931 regulating  the  use  of  revenues
received  by  the  port of New York authority from or in connection with
the operation of terminal and transportation facilities is REPEALED.
  S 7. Chapter 553 of the laws of 1931 relating to the payment of a fair
and reasonable sum by the port authority is REPEALED.
  S 8. Chapter 876 of the laws of 1935 relating to the payment of a fair
and reasonable sum for a change in grade is REPEALED.
  S 9. Chapter 203 of the laws of 1938 relating  to  the  sale  of  real
property acquired by the port authority is REPEALED.
  S  10.  Chapter 163 of the laws of 1945 relating to motor truck termi-
nals is REPEALED.

S. 6478--A                          3

  S 11. Chapter 352 of the laws of 1946 relating to monies for  prelimi-
nary  studies  upon the interstate vehicular bridges known as the Outer-
bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
  S  12.  Chapter  443 of the laws of 1946 relating to the financing and
effectuating of a motor bus terminal by the port authority is REPEALED.
  S 13. Chapter 631 of the laws of 1947 relating to the  development  of
marine terminals by the port authority is REPEALED.
  S 14. Chapter 802 of the laws of 1947 relating to the financing of air
terminals by the port authority is REPEALED.
  S 15. Chapter 819 of the laws of 1947 relating to the port authority's
ability to exercise the right of eminent domain is REPEALED.
  S  16.  Chapter  301 of the laws of 1950 relating to suits against the
port authority is REPEALED.
  S 17. Chapter 774 of the laws of 1950 relating to the rules and  regu-
lations  governing  traffic  on vehicular crossings operated by the port
authority is REPEALED.
  S 18. Chapter 206 of the laws of 1951, relating to traffic regulations
for air and marine terminals, is REPEALED.
  S 19. Chapter 207 of the laws  of  1951,  relating  to  penalties  for
violation of rules and regulations, is REPEALED.
  S 20. Chapter 142 of the laws of 1953, relating to smoking regulations
for air and marine terminals, is REPEALED.
  S  21. Chapter 143 of the laws of 1953, relating to suits on leases at
International Airport, is REPEALED.
  S 22. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
is REPEALED.
  S 23. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
connections, is REPEALED.
  S 24. Chapter 638 of the laws  of  1959,  relating  to  the  purchase,
financing  and  rental of commuter railroad cars by the port of New York
authority and agreeing with the state of New Jersey with respect  there-
to, is REPEALED.
  S  25.  Chapter 209 of the laws of 1962, relating to the financing and
effectuation by the port of New York authority  of  a  port  development
project, consisting of the Hudson tubes, the Hudson tubes extensions and
a world trade center, is REPEALED.
  S 26. Chapter 665 of the laws of 1964, relating to the operation with-
in the state of New York of the Hudson tubes and the Hudson tubes exten-
sions, is REPEALED.
  S  27.  Chapter 474 of the laws of 1971, relating to the authorization
of the port of New York authority to provide access by mass  transporta-
tion facilities to air terminals, is REPEALED.
  S 28. Chapter 651 of the laws of 1978, relating to the further coordi-
nation,  facilitation,  promotion,  preservation and protection of trade
and commerce in and through the port of New York  district  through  the
financing and effectuation of industrial development projects therein by
the  port  authority  of  New York and New Jersey, and agreeing with the
state of New Jersey with respect thereto, is REPEALED.
  S 29. Chapter 12 of the laws of 1979,  relating  to  the  acquisition,
development,  financing  and transfer of buses and related facilities by
the port authority of New York and New Jersey and the utilization there-
of, is REPEALED.
  S 30. 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

S. 6478--A                          4

                                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.
        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

S. 6478--A                          5

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)
  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-

S. 6478--A                          6

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
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,

S. 6478--A                          7

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
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

S. 6478--A                          8

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.
  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

S. 6478--A                          9

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-
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

S. 6478--A                         10

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 and continued by article XXVIII of this chapter.
  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

S. 6478--A                         11

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
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:

S. 6478--A                         12

  (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;
  (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-

S. 6478--A                         13

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
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

S. 6478--A                         14

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
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

S. 6478--A                         15

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
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

S. 6478--A                         16

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
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

S. 6478--A                         17

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-
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-

S. 6478--A                         18

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
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

S. 6478--A                         19

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,
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

S. 6478--A                         20

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
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.

S. 6478--A                         21

  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
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

S. 6478--A                         22

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
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

S. 6478--A                         23

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-
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

S. 6478--A                         24

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
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.

S. 6478--A                         25

  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
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

S. 6478--A                         26

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
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 and contained by
article VI of this chapter) 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 obligations.
  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

S. 6478--A                         27

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
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. 6478--A                         28

  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
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

S. 6478--A                         29

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.
                               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

S. 6478--A                         30

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
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 continued by article I of this chapter, and chap-
ter  one hundred fifty-one of the laws of New Jersey of nineteen hundred
twenty-one.
  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

S. 6478--A                         31

  (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.
  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,

S. 6478--A                         32

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
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;

S. 6478--A                         33

  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;
  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

S. 6478--A                         34

  (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;
  (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:

S. 6478--A                         35

  (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;
  (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

S. 6478--A                         36

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.
  (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

S. 6478--A                         37

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
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;

S. 6478--A                         38

  (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

  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

S. 6478--A                         39

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
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

S. 6478--A                         40

  (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.
  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.

S. 6478--A                         41

                                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.
  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.

S. 6478--A                         42

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
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.

S. 6478--A                         43

  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
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

S. 6478--A                         44

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
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-

S. 6478--A                         45

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
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.

S. 6478--A                         46

  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
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

S. 6478--A                         47

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
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

S. 6478--A                         48

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,
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.

S. 6478--A                         49

  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.
  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-

S. 6478--A                         50

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
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.

S. 6478--A                         51

  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
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

S. 6478--A                         52

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.
  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

S. 6478--A                         53

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.
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

S. 6478--A                         54

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.
  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

S. 6478--A                         55

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.
  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. 6478--A                         56

  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
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

S. 6478--A                         57

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
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-

S. 6478--A                         58

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
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

S. 6478--A                         59

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
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

S. 6478--A                         60

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
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.

S. 6478--A                         61

  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
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

S. 6478--A                         62

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
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,

S. 6478--A                         63

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;
  (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. 6478--A                         64

  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
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:

S. 6478--A                         65

                                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
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.

S. 6478--A                         66

  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.
  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 continued by article I of this chapter, and chap-

S. 6478--A                         67

ter 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.
  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;

S. 6478--A                         68

  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-
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

S. 6478--A                         69

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:
  (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

S. 6478--A                         70

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;
  (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.

S. 6478--A                         71

  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.

                                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

S. 6478--A                         72

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;
  (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

S. 6478--A                         73

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;
  (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.

S. 6478--A                         74

  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.

                               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

S. 6478--A                         75

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.
  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,

S. 6478--A                         76

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-
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

S. 6478--A                         77

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
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

S. 6478--A                         78

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
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.

S. 6478--A                         79

                               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.
  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

S. 6478--A                         80

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  "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

S. 6478--A                         81

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
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

S. 6478--A                         82

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-
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".

                                ARTICLE V
                 APPROVAL OR VETO POWER OF THE GOVERNOR

Section 500. Approval or veto power.
        501. Procurement.
        502. Effect of veto.
        503. Exception to reporting requirement.

S. 6478--A                         83

  S 500. Approval or veto power.  Except as provided by this article, no
action  taken  at  any meeting of the port authority by any commissioner
appointed from the state of New York shall have force  or  effect  until
the  governor  of  the  state  of  New York shall have an opportunity to
approve  or veto the same under the provisions of article sixteen of the
port compact or treaty entered into between the states of New  York  and
New  Jersey,  dated April thirtieth, nineteen hundred and twenty-one and
continued by subdivision four of section one hundred nine of this  chap-
ter.
  S  501.  Procurement.    For the purpose of procuring such approval or
veto, the secretary or other officer of the port authority in charge  of
the minutes of the proceedings of that body shall transmit to the gover-
nor  at  the executive chamber in Albany a certified copy of the minutes
of every meeting of the port authority as soon after the holding of such
meeting as such minutes can be written out.  The governor shall,  within
ten  days,  Saturdays,  Sundays and public holidays excepted, after such
minutes shall have been delivered at the executive chamber as aforesaid,
cause the same to be returned to the  port  authority  either  with  his
approval  or  with his veto of any action therein recited as having been
taken by  any  commissioner  appointed  from  the  state  of  New  York,
provided,  however,  that  if  the  governor  shall  not return the said
minutes within the said period then at the expiration thereof any action
therein recited will have full force and effect according to the wording
thereof.
  S 502. Effect of veto.  If the governor within the said period returns
the said minutes with a veto against the action of any commissioner from
New York as recited therein, then such action of such commissioner shall
be null and void.
  S 503. Exception to reporting requirement.  The governor may by  order
filed with the secretary of the port authority relieve the commissioners
from the duty of procuring his approval of their action upon any partic-
ular  matter  or  class of matters, and thereupon the secretary or other
officer in charge of the minutes of the proceedings of that  body  shall
be relieved from reporting the same to him.

                               ARTICLE VI
                   BONDS ISSUED BY THE PORT AUTHORITY

Section 601. Definitions.
        602. Motor truck terminals.
        603. Acquisition of real property for public use.
  S 601. Definitions. As used in this article:
  (a)  "Port  authority" means the port of New York authority created by
the compact of April thirtieth, nineteen hundred twenty-one and  contin-
ued by article I of this chapter, between the states of New York and New
Jersey.
  (b)  "Bonds  legal for investment" means bonds or other obligations or
securities of the port authority, in which savings banks in both of  the
two  said  states are now or may hereafter be authorized to invest funds
within their control.
  (c) "Terminal and/or transportation facilities" means terminal  and/or
transportation  facilities  and  shall have the same meaning as subdivi-
sions eleven and twelve of section one hundred four of this chapter.
  (d) "Surplus revenues" means, in the case of each terminal  or  trans-
portation  facility,  the balance of the revenues therefrom remaining at
any time currently  in  the  hands  of  the  port  authority  after  the

S. 6478--A                         84

deduction of the current expenses of the operation and maintenance ther-
eof,  including  a proper proportion of the general expenses of the port
authority, and after the deduction of any amounts which the port author-
ity  may  or shall be obligated or may or shall have obligated itself to
pay to or set aside out of the current revenues therefrom for the  bene-
fit  of  the  holders  of  any bonds legal for investment, and after the
deduction of any amounts currently due to the two said states on account
of any advances made by the two said states to the port authority in aid
of the effectuation of such terminal or transportation facility.
  S 602. Motor truck terminals.  The bonds or  other  obligations  which
may  be  issued by the port authority from time to time to provide funds
for the establishment, acquisition and  rehabilitation  of  motor  truck
terminals  (by which are meant terminals consisting of one or more plat-
forms, sheds, buildings, structures, facilities or  improvements  neces-
sary,  convenient  or desirable in the opinion of the port authority for
the accommodation of motor  trucks  for  the  loading  or  unloading  of
freight  upon  or from motor trucks or the receipt, delivery, storage or
handling of freight transported or to be transported by motor trucks  or
the  interchange  or  transfer thereof between carriers) located at such
point or points within the port of New York district as the port author-
ity may deem to be desirable and in the  public  interest,  or  for  the
acquisition of real or personal property in connection therewith, or for
any  other  purpose  in  connection with the establishment, acquisition,
construction, rehabilitation, maintenance or  operation  of  such  truck
terminals  or any of them, are hereby made securities in which all state
and municipal officers and bodies, all banks, bankers, trust  companies,
savings  banks, building and loan associations, savings and loan associ-
ations, 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, exec-
utors, 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 obligations are hereby made securities which may  properly  and
legally  be deposited with and shall be received by any state or munici-
pal 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  603.  Acquisition  of  real  property for public use.   If, for the
purpose of  effectuating,  acquiring,  constructing,  rehabilitating  or
improving  any  motor  truck  terminal, the port authority shall find it
necessary or convenient to acquire any real property, as herein  defined
in  this  state, 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 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.
  If  the  port  authority is unable to agree for the acquisition of any
such real property for any reason whatsoever, then  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.
  The  power  of  the  port authority to acquire real property hereunder
shall be a continuing power, and no exercise thereof shall be deemed  to
exhaust it.

S. 6478--A                         85

  Anything  in this article to the contrary notwithstanding, no property
now or hereafter vested in or held by the state  or  any  county,  city,
borough,  village,  township or other municipality shall be taken by the
port authority, without the authority or consent of the state or of such
county,  city,  borough,  village,  township  or  other  municipality as
provided in the compact of April thirty,  nineteen  hundred  twenty-one,
between the states of New York and New Jersey and continued by article I
of  this  chapter, 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.    Moreover, no property devoted to
public use by any railroad or railway  corporation,  or  public  utility
corporation,  or  by  any  other corporation, shall be taken by the port
authority without the authority or consent of  such  corporation.    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, or from any such corporation, by agreement therewith, and such
county, city, borough, village, township, municipality,  public  agency,
commission,  or  corporation,  notwithstanding any contrary provision of
law, is hereby authorized and empowered to grant and convey upon reason-
able terms and conditions any real property, which may be necessary  for
the  establishment,  construction,  acquisition, rehabilitation, mainte-
nance and operation of such truck terminals, including such real proper-
ty as has already been devoted to a public use.
  The port authority and its duly authorized agents and  employees  may,
in  the  case  of  land  situate in the state of New York subject to the
provisions of the eminent domain procedure law and in any other case  as
provided  by  law,  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.
  The term "real property" as used in this article 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 damages to real estate.

                               ARTICLE VII
           PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM

Section 701. Payment of a fair and reasonable sum.
        702. Acceptance of payment.
  S 701. Payment of a fair and reasonable sum. To the end that counties,
cities, boroughs, villages, towns, townships and other municipalities in
the port of New York district, may not suffer undue loss  of  taxes  and
assessments by reason of the acquisition and ownership of property ther-
ein  by  the port authority, the port authority is hereby authorized and
empowered, in its discretion, to enter into  a  voluntary  agreement  or
agreements  with  any  county, city, borough, village, town, township or
other municipality in said port district, whereby it will  undertake  to

S. 6478--A                         86

pay  a  fair  and reasonable sum or sums annually in connection with any
marine or inland terminal property owned by it, not in excess of the sum
last paid as taxes upon such property prior to the time of its  acquisi-
tion  by  the  port authority.   Such payment or payments which the port
authority is hereby authorized and empowered to make, shall be  in  such
amount  or  amounts and shall be payable at such time or times and under
such terms and conditions as shall be agreed upon  by  and  between  the
port  authority  and such county, city, village, borough, town, township
or other municipality concerned.
  S 702. Acceptance of payment. Every county,  city,  village,  borough,
town,  township  or  other municipality in the port of New York district
aforesaid is hereby authorized and empowered to enter into  such  agree-
ment  or  agreements  with  the  port authority to accept the payment or
payments which the port authority is hereby authorized and empowered  to
make.  The sums so received by any county, city, village, borough, town,
township  or  other  municipality  shall be devoted to purposes to which
taxes may be applied, unless and until otherwise directed by the law  of
the state in which such municipality is located.

                              ARTICLE VIII
                  PAYMENT AND ACCEPTANCE OF A FAIR AND
                  REASONABLE SUM FOR A CHANGE IN GRADE

Section 801. Change of grade.
  Section  801.  Change of grade. To the end that the owners of property
in the port of New York district abutting upon streets, avenues or other
highways,  the  grade  of  which  will  be  changed  by  reason  of  the
construction by the port authority of any public improvement in the port
of  New York district, may not suffer undue loss and injury by reason of
such change of grade, the authority is hereby authorized and  empowered,
in its discretion, to enter into voluntary agreements with such abutting
owners of property which is built upon or otherwise improved in conform-
ity with the grade of any street, avenue or other highway established by
lawful  authority  in  the  port  of  New York district, whereby it will
undertake to pay a fair and reasonable sum to such abutting  owners  for
the  damage  occasioned  by  such  change  of grade to the buildings and
improvements on such property. The term "owners" as used in this section
shall include all persons having any estate, interest,  or  easement  in
such property, or any lien, charge or encumbrance thereon. Such payments
which the authority is hereby authorized and empowered to make, shall be
in  such amounts and shall be payable at such times and under such terms
and conditions as shall be agreed upon by and between the authority  and
such owners concerned.

                               ARTICLE IX
        THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY

Section 901. Procedure.
        902. Conveyances.
  S  901. Procedure. Whenever the port authority shall determine to sell
any real property which may have been acquired by the port authority  by
purchase,  condemnation  or otherwise, pursuant to any of its powers and
authorities, but which real property is  no  longer  required  for  such
purposes, the following procedure shall be followed:

S. 6478--A                         87

  1. A map shall be made of such real property so determined as no long-
er required, which map shall be filed in the office of the port authori-
ty.
  2.  There  shall  be annexed to such map a certificate executed by the
chief engineer of the port authority stating that such real property  is
no longer required for such purposes.
  3.  All  or  any  portion  of said real property may be sold at either
private or public sale, and all deeds of conveyance therefor shall be by
bargain and sale and shall be executed by  the  chairman,  or  the  vice
chairman, or the general manager, or an assistant general manager of the
port authority and attested by the secretary thereof.
  S 902. Conveyances. The validity of all conveyances heretofore made by
the port authority is hereby ratified and confirmed.

                                ARTICLE X
                     MONEYS FOR PRELIMINARY STUDIES
Section 1001. Moneys advanced.
        1002. Delivery of bonds and/or moneys.
        1003. Direct and general obligations of the port authority.
        1004. Securities.
        1005. Initial reimbursement of moneys advanced by the states.
        1006. Further reimbursement of moneys advanced by the states.
        1007. Deposit of bonds or moneys by the comptroller.
  S 1001. Moneys advanced.  The states of New York and New Jersey having
heretofore  advanced  sums  aggregating one hundred forty-nine thousand,
nine hundred eighteen dollars and twenty cents  and  one  hundred  fifty
thousand  dollars,  respectively,  to the port authority for preliminary
studies upon the interstate vehicular bridges now known  as  the  Outer-
bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to
agreements  between  the two states that said moneys should be paid back
when the construction debt has  been  amortized,  and  said  two  states
having  advanced  further  sums aggregating four million dollars each in
aid of the construction of said bridges pursuant to  agreements  between
the two states that said moneys should be paid back out of bridge reven-
ues  in  specified  annual  installments,  if and when earned over prior
charges, and the revenues from said bridges having been insufficient  to
permit  any  such payments up to the present time but the port authority
being in a position to fund its obligations to pay back  said  appropri-
ations,  now, therefore, upon the concurrence of the state of New Jersey
as provided in section eight hereof, the states  of  New  York  and  New
Jersey  hereby  agree  that the obligations of the port authority to pay
back said moneys may be satisfied and discharged by the delivery to  the
two states of bonds or moneys, or both, in an aggregate principal amount
equal to said appropriations, as hereinafter provided.
  S  1002.  Delivery of bonds and/or moneys.  Bonds, or moneys, or both,
in an aggregate principal amount of two million fifty  thousand  dollars
shall  be  delivered to each state within three months after the date on
which chapter 352 of the laws of 1946 and the concurrent article of  the
state of New Jersey take effect. Within fifteen months after the date on
which  chapter 352 of the laws of 1946 and the concurrent article of the
state of New Jersey take effect, an additional two  million  ninety-nine
thousand  nine  hundred  eighteen  dollars and twenty cents in aggregate
principal amount of bonds or moneys, or both, shall be delivered to  the
state  of  New  York  and an additional two million one hundred thousand
dollars in aggregate principal amount of bonds, or moneys, or both shall
be delivered to the state of New Jersey provided, that if, in the  opin-

S. 6478--A                         88

ion of the commissioners of the port authority, financial conditions are
such as to make it desirable to postpone such delivery, then delivery of
said  additional  amounts  shall  be postponed in whole or in part until
such  time, not later than five years from the effective date of chapter
352 of the laws of 1946, as in the judgment of said commissioners finan-
cial conditions permit such delivery.
  The port authority shall determine whether payments made  pursuant  to
this article and the concurrent article of the state of New Jersey shall
be  made  by  delivery  of bonds or of moneys, or both, and, if both, in
what proportions. The moneys may, at the option of the  port  authority,
be paid in cash or by check. Delivery of bonds or moneys to the state of
New  York  shall  be made by delivering or tendering delivery thereof to
the comptroller of the state of New York at his office at Albany  during
regular  business hours. Delivery of bonds or moneys to the state of New
Jersey shall be made by delivering or tendering delivery thereof to  the
state treasurer at his office at Trenton during regular business hours.
  S  1003.  Direct  and  general obligations of the port authority.  The
bonds delivered to the two states  pursuant  to  this  article  and  the
concurrent article of the state of New Jersey shall be direct and gener-
al  obligations  of  the  port  authority, and its full faith and credit
shall be pledged for the prompt payment of the  principal  and  interest
thereof.  The  payment  of  the  principal and interest thereof shall be
secured by the general reserve fund of the port authority, authorized by
chapter forty-eight of the laws of New  York  of  nineteen  hundred  and
thirty-one and continued by article VI of this chapter, and chapter five
of  the  laws of New Jersey of nineteen hundred and thirty-one; and said
general reserve fund shall be pledged as security for the payment of the
principal and interest of said bonds and for the  fulfillment  of  other
undertakings  assumed by the port authority to or for the benefit of the
holders of said bonds. Such pledge, however, shall  be  subject  to  the
right of the port authority to pledge said general reserve fund as secu-
rity  for any other bonds, notes or evidences of indebtedness whatsoever
hereafter issued by the authority as security for which it  may  at  the
time  be  authorized  to  pledge the said general reserve fund, and also
subject to the right of the port authority to use  the  moneys  in  said
general  reserve fund to meet, pay or otherwise fulfill any of its obli-
gations under or in connection with any bonds, notes or other  evidences
of  indebtedness  as  security  for  which said general reserve fund has
heretofore been or is now pledged or for which said general reserve fund
may hereafter be pledged. Moreover, no greater  rights  in  or  to  said
general  reserve  fund shall be granted to or conferred upon the holders
of the bonds delivered to the two states pursuant to  this  article  and
the concurrent article of the state of New Jersey than have been granted
to  and conferred upon the holders of general and refunding bonds of the
port authority issued pursuant to the resolution of the  port  authority
adopted  March eighteenth, nineteen hundred and thirty-five, and amended
March twenty-fifth,  nineteen  hundred  and  thirty-five  and  September
sixteenth, nineteen hundred and forty-three.
  The  bonds  delivered to the two states pursuant to chapter 352 of the
laws of 1946 and continued by this article and the concurrent article of
the state of New Jersey shall be dated as of a date not more than thirty
days subsequent to the date on which delivery is made or tendered, shall
mature forty years from their date, and shall bear interest at the  rate
of one and one-half per centum per annum. Said bonds shall be subject to
redemption  at the option of the port authority, in whole or in part, on

S. 6478--A                         89

any interest payment date or dates at one hundred percent of  their  par
value, plus accrued interest to the date set for redemption.
  Except  as  hereinbefore  specifically  provided,  the  port authority
shall, by resolution, determine the form, characteristics and all  other
matters  in  connection  with said bonds, including without limiting the
generality hereof, the denominations in  which  they  shall  be  issued,
provisions  with  respect  to  the exchange of bonds of one denomination
into bonds of another denomination, provisions with respect to the issu-
ance of temporary bonds and the exchange thereof for  definitive  bonds,
provisions  with respect to the establishment of a sinking fund or sink-
ing funds and for the use of the moneys in sinking fund to  purchase  or
redeem  bonds  prior  to  their maturity, provisions with respect to the
place of payment, provisions  with  respect  to  notice  of  redemption,
provisions  with  respect  to  the  paying  agent  or  the registrar and
provisions with respect to the method of signature.
  S 1004. Securities.   The bonds delivered by  the  port  authority  to
either  or both states pursuant to this article and the concurrent arti-
cle of the state of New Jersey, and any bonds, notes or other  evidences
of  indebtedness issued by the authority to provide moneys with which to
make payments to either or both states pursuant to this article and  the
concurrent  article  of the state of New Jersey, are hereby made securi-
ties in which all state  and  municipal  officers  and  bodies  of  both
states, all banks, bankers, trust companies, savings banks, building and
loan  associations,  savings and loan associations, investment companies
and other persons carrying on a banking business, all  insurance  compa-
nies,  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 by either state to  invest  in  bonds  or  other
obligations  of  such  state, may properly and legally invest any funds,
including capital, belonging to them or within their control;  and  said
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 of either state for any purpose for which the deposit of bonds
or other obligations of such state is now or may  hereafter  be  author-
ized.
  S  1005.  Initial reimbursement of moneys advanced by the states.  The
first two million fifty thousand dollars paid to each state pursuant  to
this article and the concurrent article of the state of New Jersey shall
be  deemed  to  be  on  account of the moneys advanced by such state for
preliminary studies upon and in aid of the construction of  the  Bayonne
bridge  (formerly known as the Kill von Kull bridge); and from and after
the date on which the port authority shall have delivered to each  state
pursuant  to this article and the concurrent article of the state of New
Jersey, bonds or moneys or both in the aggregate principal amount of two
million fifty thousand dollars, the duty  and  obligation  of  the  port
authority to pay back to the two states the moneys advanced for prelimi-
nary studies upon and in aid of the construction of said bridge by chap-
ter two hundred seventy-nine of the laws of New York of nineteen hundred
and  twenty-six, chapter ninety-seven of the laws of New Jersey of nine-
teen hundred and twenty-five, chapter three hundred of the laws  of  New
York  of nineteen hundred and twenty-seven and chapter three of the laws
of New Jersey of nineteen hundred and twenty-seven,  together  with  the
claims  of  the two states and of each of them for such repayment, shall
be and shall be deemed to be fully satisfied  and  discharged,  and  any
lien  or  claim  of  the two states or either of them upon the tolls and

S. 6478--A                         90

revenues of the said bridge arising out of,  under  or  because  of  the
aforesaid  statutes  shall be and shall be deemed to be void and without
force or effect.
  S 1006. Further reimbursement of moneys advanced by the states.  After
the  payment  of  the  first  two million fifty thousand dollars to each
state, the further amounts paid to each state pursuant to  this  article
and the concurrent article of the state of New Jersey shall be deemed to
be  on  account  of  the  moneys  advanced by such state for preliminary
studies upon and in aid of the construction of the Outerbridge  crossing
(formerly  known as the Perth Amboy-Tottenville bridge) and the Goethals
bridge (formerly known as the Elizabeth-Howland Hook bridge);  and  from
and  after the date on which pursuant to this article and the concurrent
article of the state of New Jersey the port authority shall have  deliv-
ered bonds or moneys, or both, to the state of New York in the aggregate
principal  amount of two million ninety-nine thousand nine hundred eigh-
teen dollars and twenty cents and to the state  of  New  Jersey  in  the
aggregate  principal amount of two million one hundred thousand dollars,
in each case in addition to the first two million fifty thousand dollars
paid to such state under and pursuant to this article and the concurrent
article of the state of New Jersey, then the duty and obligation of  the
port  authority  to  pay  back to the two states the moneys advanced for
preliminary studies upon and in aid of  the  construction  of  said  two
bridges by chapters one hundred eighty-six and two hundred thirty of the
laws  of  New York of nineteen hundred twenty-four, chapters one hundred
twenty-five and one hundred forty-nine of the  laws  of  New  Jersey  of
nineteen hundred twenty-four, chapter two hundred ten of the laws of New
York  of  nineteen  hundred  twenty-five and chapter thirty-seven of the
laws of New Jersey of nineteen hundred twenty-five,  together  with  the
claims  of  the two states and of each of them for such repayment, shall
be and shall be deemed to be fully satisfied  and  discharged,  and  any
lien  or  claim  of  the two states or either of them upon the tolls and
revenues of said bridges arising out of, under or because of the  afore-
said  statutes shall be and shall be deemed to be void and without force
or effect.
  S 1007. Deposit of bonds or moneys by the comptroller.   All bonds  or
moneys,  or  both, delivered by the port authority to the comptroller of
the state of New York pursuant to this article shall be deposited by him
in the post-war reconstruction fund in the state treasury.

                               ARTICLE XI
                           MOTOR BUS TERMINAL

Section 1101. Establishment.
        1102. Funding.
        1103. Maintenance and operation.
        1104. Powers.
        1105. Acquisition of real property.
  S 1101. Establishment.   Upon the concurrence  of  the  state  of  New
Jersey,  the  states  of  New  York and New Jersey hereby agree that the
moneys in the general reserve fund of the port authority, authorized  by
chapter forty-eight of the laws of New York of one thousand nine hundred
thirty-one  and continued by article VI of this chapter and chapter five
of the laws of New Jersey of one thousand nine  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, notes or other obligations or

S. 6478--A                         91

evidences of indebtedness, issued by it from time  to  time  to  provide
funds  for  the  establishment, acquisition or rehabilitation of a motor
bus terminal (by which is meant a terminal consisting  of  one  or  more
buildings, structures, improvements, loading or unloading areas, parking
areas  or  other  facilities,  necessary, convenient or desirable in the
opinion of the port authority for the  accommodation  of  omnibuses  and
other  motor vehicles operated by carriers engaged in the transportation
of passengers, or for the loading, unloading, 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 employ-
ees) or for purposes incidental thereto;  and that 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 of such bonds;  and the two said states
further agree that the port authority may acquire by condemnation or the
right of eminent domain such real property in each state as it may  from
time to time deem necessary for or in connection with the establishment,
acquisition and rehabilitation of such motor bus terminal.
  S  1102. Funding.   The bonds, notes or other obligations or evidences
of indebtedness issued by the port authority to provide  funds  for  the
establishment, acquisition and rehabilitation of such motor bus terminal
are hereby made securities in which all state and municipal officers and
bodies  of  both  states,  all  banks, bankers, trust companies, savings
banks, building and loan associations, savings  and  loan  associations,
investment  companies  and other persons carrying on a banking business,
all insurance companies, insurance associations and other persons carry-
ing on an insurance business, and all administrators, executors, guardi-
ans, trustees and other fiduciaries, and all other  persons  whatsoever,
who  are now or may hereafter be authorized by either state to invest in
bonds or other obligations of  such  state,  may  properly  and  legally
invest  any  funds, including capital, belonging to them or within their
control; and said obligations are hereby made securities which may prop-
erly and legally be deposited with and shall be received by any state or
municipal officer or agency of either state for any  purpose  for  which
the  deposit  of  bonds or other obligations of such state is now or may
hereafter be authorized.
  S 1103. Maintenance and operation.  The establishment, maintenance and
operation of such motor  bus  terminal  within  the  port  of  New  York
district is 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 perform-
ing an essential governmental function in undertaking the  construction,
maintenance  and operation thereof and in carrying out the provisions of
law relating thereto.
  S 1104. Powers.   Any powers granted to the  port  authority  by  this
article  and  the  concurrent  act  of  the state of New Jersey shall be
regarded as in aid of and supplemental to and in no sense as  a  limita-
tion  upon  any  of  the  other powers vested in it by the two states or
either of them; and the port authority shall be authorized not  only  to
establish,  acquire,  rehabilitate,  maintain,  operate and from time to
time improve such motor bus terminal, but also to make  incidental  uses
of  properties  acquired for or in connection with such motor bus termi-
nal.
  S 1105. Acquisition of real property.  If, for the purpose of effectu-
ating, acquiring, constructing, rehabilitating or improving  such  motor

S. 6478--A                         92

bus  terminal,  the port authority shall find it necessary or convenient
to acquire any real property, as herein defined, in this state,  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 public use, and upon such determination, the said  prop-
erty  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 determination shall
not be affected by the fact that  such  property  has  theretofore  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.
  If  the  port  authority is unable to agree for the acquisition of any
such real property for any reason whatsoever, then  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.
  Anything in this article to the contrary notwithstanding, no  property
now  or  hereafter  vested  in or held by the state or any county, city,
borough, village, township or other municipality shall be taken  by  the
port authority, without the authority or consent of the state or of such
county,  city,  borough,  village,  township,  or  other municipality as
provided in the compact of April thirtieth, nineteen hundred  twenty-one
and  continued  by  article I of this chapter, between the states of New
York and New Jersey, 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 there-
with, 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 reason-
able terms and conditions, any real property, which may be necessary for
the establishment, construction, acquisition, rehabilitation,  operation
and maintenance of such motor bus terminal, including such real property
as has already been devoted to a public use.
  The  port  authority  and its duly authorized agents and employees may
pursuant to the provisions of the eminent  domain  procedure  law  enter
upon  any  land  in  this  state for the purpose of making such surveys,
maps, or other examination thereof as it may deem necessary  or  conven-
ient for the purposes of this article.
  The term "real property" as used in this article 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 damages to real estate.

S. 6478--A                         93

                               ARTICLE XII
                            MARINE TERMINALS

Section 1201. Authorization.
        1202. Restrictions.
        1203. Definitions.
        1204. Municipality consent; legal process.
        1205. Agreement between the states.
        1206. Acquisition of land by eminent domain or condemnation.
        1207. Unappropriated lands.
        1208. Funding; bonds.
  S  1201.  Authorization.    Upon  the  concurrence of the state of New
Jersey, the states of New York and New Jersey hereby agree that  munici-
palities,  as  hereinafter  defined, located within the Port of New York
district shall be and they hereby are authorized to cooperate  with  the
Port  Authority in the development of marine terminals, and the two said
states further agree that the state of New Jersey may authorize the Port
Authority to acquire by condemnation or the exercise  of  the  right  of
eminent  domain  real  property  in  the  state of New Jersey necessary,
convenient or desirable for marine terminal purposes, under and pursuant
to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the
option of the Port Authority, pursuant to such other or alternate proce-
dure as may be provided by law by such state, and that the state of  New
York  may  authorize  the Port Authority to acquire real property in the
state of New York necessary, convenient or desirable for marine terminal
purposes, under and pursuant to the eminent domain procedure law of that
state, or at the option of the Port Authority pursuant to such other  or
alternate procedure as may be provided by law by such state.
  S  1202.  Restrictions. Nothing herein contained shall be construed to
authorize the Port Authority to acquire any  marine  terminal  owned  or
operated  by  any  municipality  or  any other property now or hereafter
vested in or held by any municipality, without the authority or  consent
of  such  municipality  as  provided  in the compact of April thirtieth,
nineteen hundred twenty-one and continued by article I of this  chapter,
between the states of New York and New Jersey, nor shall anything herein
impair or invalidate in any way any bonded indebtedness of the state, or
any  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.
  S 1203. Definitions.  The following terms as used herein shall mean:
  1.  "Marine  terminals"  shall mean developments, consisting of one or
more piers, wharves, docks, bulkheads, slips,  basins,  vehicular  road-
ways,  railroad  connections,  side  tracks, sidings or other buildings,
structures, facilities or improvements, necessary or convenient  to  the
accommodation  of  steamships  or  other  vessels  and  their cargoes or
passengers and shall also mean  waterfront  development  projects.    It
shall  also  include  such  highway projects in the vicinity of a marine
terminal providing improved access to such marine terminal as  shall  be
designated in legislation adopted by the two states. Notwithstanding any
contrary provision of law, general, special or local, it shall also mean
railroad  freight projects related or of benefit to a marine terminal or
which are necessary, convenient or desirable in the opinion of the  port
authority  for  the  protection or promotion of the commerce of the port
district, consisting of railroad freight  transportation  facilities  or
railroad  freight  terminal facilities;  and any equipment, improvement,

S. 6478--A                         94

structure or facility or any land, and any building, structure, facility
or other improvement thereon, or any combination thereof, and  all  real
and  personal  property  in  connection therewith or incidental thereto,
deemed  necessary  or  desirable  in  the opinion of the port authority,
whether or not now in existence or under construction, for the undertak-
ing of such railroad freight projects.
  2. "Marine terminal purposes" shall mean the effectuation,  establish-
ment,  acquisition,  construction,  rehabilitation, improvement, mainte-
nance or operation of marine terminals.
  3. "Municipality" shall mean a county, city, borough,  village,  town-
ship, town, public agency, public authority or political subdivision.
  4. "Real property" shall mean lands, structures, franchises and inter-
ests  in  land, including waters, 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,  including but not limited to easements, rights-of-way, uses,
leases, licenses and  all  other  incorporeal  hereditaments  and  every
estate, interest or right, legal or equitable, including terms for years
and liens thereon by way or judgments, mortgages or otherwise.
  5. "Waterfront development projects" shall mean projects for the revi-
talization  and economic development of waterfront property which is (a)
not in use for the handling of water-borne cargoes, or (b)  directly  or
indirectly  related  to the water-borne movement of passengers and their
vehicles.  Such projects shall include but not  be  limited  to  hotels,
marinas, commercial offices, including the installation of a fiber optic
cable  within  its  boundaries,  or  facilities  which serve conference,
convention, recreation or entertainment purposes or are  retail  service
establishments,  parking, technical, satellite antenna, similar communi-
cation or other facilities related to any of the foregoing  and  associ-
ated  improvements necessary to provide public access to such waterfront
development projects.  Notwithstanding the above, a waterfront  develop-
ment  project  authorized  by  this act shall not contain any technical,
satellite antenna or similar  telecommunications  facility  unless  such
facility  is  directly  used  by, and for the sole benefit of, end users
located on the site of the project. Furthermore, no port authority money
shall be used directly or indirectly in the financing or construction of
said telecommunications facility.
  S 1204. Municipality consent; legal process.   1. Notwithstanding  any
contrary  provision  of law, any municipality located within the Port of
New York district is authorized and empowered to consent to the  use  by
the  Port Authority of any marine terminal owned by such municipality or
of any real or personal property owned by such municipality  and  neces-
sary,  convenient  or desirable in the opinion of the Port Authority for
marine terminal purposes, including such real property  as  has  already
been  devoted  to  a  public use, and as an incident to such consent, to
grant, convey, lease or otherwise transfer to  the  Port  Authority  any
such  marine  terminal  or real or personal property, upon such terms as
may be determined by the Port Authority and such  municipality.    Every
such  municipality  is also authorized and empowered to vest in the Port
Authority the control, operation, maintenance, rents, tolls, charges and
any and all other revenues of any marine  terminal  now  owned  by  such
municipality,  the title to such marine terminal remaining in such muni-
cipality.  Such consent shall be given, and the execution of any  agree-
ment,  deed,  lease,  conveyance  or  other  instrument  evidencing such
consent or given as an incident  thereto  shall  be  authorized  in  the
manner provided in article twenty-two of the compact of April thirtieth,

S. 6478--A                         95

nineteen  hundred  twenty-one  between  the two states creating the Port
Authority and continued by subdivision 2 of section 104 of this chapter.
  2.  The  states  of  New  York and New Jersey hereby consent to suits,
actions or proceedings of any form or nature in law, equity or otherwise
by any municipality against the Port Authority upon, in connection  with
or  arising  out  of  any such agreement, agreements or any modification
thereof or supplement thereto, for the following types of relief and for
such purposes only:
  (a) for money damages for breach thereof;
  (b) for money damages for torts arising out of the  operation  of  the
municipal marine terminal;
  (c) for rent;
  (d) for specific performance;
  (e) for reformation thereof;
  (f) for an accounting;
  (g) For declaratory judgment;
  (h) for judgments, orders or decrees restraining or enjoining the Port
Authority  from  transferring title to real property to third persons in
cases where it has contracted with such municipality  to  transfer  such
title to such municipality; and
  (i) for judgments, orders or decrees restraining or enjoining the Port
Authority from committing or continuing to commit other breaches of such
agreements with such municipality, provided that such judgment, order or
decree  shall  not be entered except upon two days' prior written notice
to the Port  Authority  of  the  proposed  entry  thereof  and  provided
further, that upon an appeal taken by the Port Authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  3.  When  rules  of  venue are applicable, the venue of any such suit,
action or proceeding shall be laid in the county or judicial district in
which the marine terminal, which is the subject matter of such agreement
between the Port Authority and such municipality, or any  part  thereof,
is located.
  4.  If any clause, sentence, paragraph, or part of this subdivision or
the application thereof to any person or circumstances, shall,  for  any
reason,  be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the  remainder  of
this  subdivision,  and  the  application thereof to any other person or
circumstances, but shall be confined in its  operation  to  the  clause,
sentence, paragraph or part thereof directly involved in the controversy
in  which  such  judgment  shall have been rendered and to the person or
circumstances involved.
  S 1205. Agreement between the states.  This section and the  preceding
sections  hereof  constitute an agreement between the states of New York
and New Jersey supplementary to the compact between the two states dated
April thirtieth, nineteen hundred twenty-one, and amendatory thereof and
continued by article I of this chapter and shall be liberally  construed
to effectuate the purposes of said compact and of the comprehensive plan
heretofore  adopted  by  the two states pursuant thereto, and the powers
vested in the Port Authority hereby shall be construed to be in  aid  of
and  supplemental  to  and not in limitation or derogation of any of the
powers heretofore conferred upon or delegated to the Port Authority.
  S 1206.  Acquisition  of  land  by  eminent  domain  of  condemnation.
Subject  to the limitation provided for in section twelve hundred two of
this article that the Port Authority may not acquire any marine terminal

S. 6478--A                         96

owned or operated by any municipality or any other property vested in or
held by any municipality without the authority or consent of such  muni-
cipality,  the  Port Authority may, at its option, exercise the right of
eminent  domain or condemnation to acquire real property in the state of
New York for marine terminal purposes as set forth in this section:
  1. If for any of the purposes of  this  article  (including  temporary
construction  purposes,  and  the  making  of  additions, extensions, or
improvements to marine terminals already constructed) the Port Authority
shall find it necessary, convenient or desirable  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 determination, the said real property shall be  and  shall  be
deemed  to be required for such public use until otherwise determined by
the Port Authority;  and, subject to the limitation hereinbefore specif-
ically noted, the said determination shall not be affected by  the  fact
that  such  property  has theretofore 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, provided,  howev-
er,  that  nothing  herein  contained  shall  be construed to permit the
taking by exercise of the right of eminent domain by the Port  Authority
of any property owned by any railroad or railway corporation and devoted
to  use  by such corporation in its operations, or acquired prior to the
effective date of this act and held for such use, without the  authority
or consent of such corporation.
  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.
  2. Unless and until the state of New York otherwise provides  by  law,
the  Port Authority shall not have the power to acquire real property in
the state of New York for marine terminal purposes  by  condemnation  or
the  right  of  eminent  domain  except for real property within the two
tracts in the borough of Brooklyn, county of Kings, city  and  state  of
New  York,  hereinafter  bounded and described, necessary, convenient or
desirable, in the opinion of the Port  Authority,  for  the  purpose  of
making  additions,  extensions  or  improvements  to  the Port Authority
marine terminal known as the Brooklyn-Port Authority piers:
  (a) TRACT I
  BEGINNING at a point formed by the intersection of the  centerline  of
Fulton  Street  and  the  centerline of Furman Street running thence (1)
southwesterly along the centerline of Furman Street to the northeasterly
side of Joralemon Street;  thence (2) northwesterly along the northeast-
erly side of Joralemon Street three hundred twenty five and  twenty-five
one  hundredths  feet more or less, to the point of intersection of said
northeasterly side of Joralemon Street with the  southeasterly  boundary
of  the  land granted by the people of the state of New York to New York
Dock Company by grant dated April 1, 1902 and recorded in the office  of
the  Regster of Kings county on April 19, 1902 in liber 16, section 1 of
conveyances, page 52; thence (3) southwesterly along said  southeasterly
boundary  of the grant to New York Dock Company thirty feet to the point
of intersection of said southeasterly boundary of the grant to New  York
Dock  Company  with  the northeasterly boundary of the grant made by the
people of the state of New York to John Schenck and others dated  August
2,  1851  and  recorded in the office of the Register of Kings county in

S. 6478--A                         97

liber 532 of conveyances at page 310; thence (4) northwesterly along the
northeasterly boundary line of said grant to Schenck and others,  forty-
three  and  eighty-nine one-hundredths feet to the point of intersection
of  said  course  number (4) with a line drawn parallel with and distant
one and eighty-five one-hundredths feet northwesterly from the northwes-
terly boundary (or a northeasterly projection of said boundary) of lands
conveyed by New York Dock Company to  New  York  Dock  Trade  Facilities
Corporation  by  deed dated August 1, 1928 and recorded in the office of
the Register of Kings county in liber 4957 of conveyances at  page  239;
thence  (5)  southwesterly along said line above-mentioned parallel with
the northwesterly boundary (or a northeasterly projection of said bound-
ary) of said lands conveyed to New York  Dock  Trade  Facilities  Corpo-
ration,  thirty-three  and  seventy  one-hundredths feet to the point of
intersection of said course number (5) with the  southwesterly  face  of
the column standing at the northwesterly corner of the building known as
the Trade Facilities Building;  thence (6) southeasterly at right angles
to  said  course  no. (5) along the southwesterly face of the above-men-
tioned column, one and eighty-five one-hundredths feet to the  point  of
intersection  of  said course number (6) with the northwesterly boundary
of the above-mentioned lands conveyed by New York Dock  Company  to  New
York  Dock Trade Facilities Corporation;  thence (7) southwesterly along
said northwesterly boundary of lands conveyed to  New  York  Dock  Trade
Facilities  Corporation,  three  hundred sixty-nine and seventy one-hun-
dredths feet, to the point of intersection of  said  course  number  (7)
with  the  southwesterly  boundary of lands granted by the people of the
state of New York to Harriet D.  Talmage by grant dated August  2,  1851
and recorded in the office of the Register of Kings county in liber 4937
of  conveyances  at page 185; thence (8) northwesterly along said south-
westerly boundary of the land of Harriet D. Talmage and along the south-
westerly boundary of grant made by the people of the state of  New  York
to Franklin Woodruff by deed dated November 22, 1881 and recorded in the
office  of  the Register of Kings county in liber 1445 of conveyances at
page 247; and along the southwesterly boundary line of lands granted  by
the  people  of  the state of New York to New York Dock Company by grant
dated April 1, 1902 and recorded in the office of the Register of  Kings
county  in  liber  16,  section  1  of conveyances, page 52, for a total
distance of seven hundred sixty-six and seventeen  one-hundredths  feet,
more or less, as measured along said southwesterly boundary lines of the
aforesaid  grants  to  the  point  of intersection of said southwesterly
boundary line of lands granted to New York Dock Company by grants  dated
April  1,  1902  and  November  14, 1907 with the exterior pierhead line
established by the New York Harbor Line Board on November  4,  1897  and
confirmed  by chapter 776 of the laws of 1900;  thence (9) northeasterly
along said exterior pierhead line to the intersection thereof  with  the
centerline of Fulton Street projected westerly; thence (10) southeaster-
ly  along  the  centerline  of  Fulton Street as projected to the inter-
section thereof with the centerline of Furman Street  at  the  point  or
place of beginning.
  (b) TRACT II
  BEGINNING  at a point formed by the intersection of the southerly line
of Atlantic Avenue and the centerline of Columbia Street running  thence
(1)  southwesterly along the centerline of Columbia Street to the inter-
section thereof  with  the  centerline  of  Kane  Street;    thence  (2)
northwesterly  along  the  centerline of Kane Street to the intersection
thereof with the centerline of Van Brunt Street;   thence (3)  southwes-
terly along the centerline of Van Brunt Street to the intersection ther-

S. 6478--A                         98

eof  with  the  centerline  of Summit Street;   thence (4) northwesterly
along the centerline of Summit Street to the intersection  thereof  with
the  centerline  of  Imlay  Street;   thence (5) southwesterly along the
centerline  of  Imlay  Street  to a point where said centerline of Imlay
Street intersects the centerline  of  Bowne  Street  (sixty  feet  wide)
projected  northwesterly  across  Imlay  Street  and  the  line of lands
conveyed by New York Dock Company to Imlay  Corporation  by  deed  dated
July  28, 1950;  thence (6) northwesterly along said centerline of Bowne
Street projected northwesterly from the centerline  of  Imlay  Street  a
distance  of  one  hundred  thirty-three feet seven inches more or less;
thence (7) southwesterly parallel with the northwesterly side  of  Imlay
Street five hundred twenty feet to a point in a line which is the center
line  of  Commerce Street projected northwesterly from the northwesterly
side of Imlay Street;  thence (8) northwesterly along said line which is
the center line of Commerce  Street  projected  northwesterly  from  the
northwesterly side of Imlay Street twenty-three feet six inches;  thence
(9)  southwesterly  parallel with the northwesterly side of Imlay Street
four hundred fifty-seven feet eight inches;   thence (10)  northwesterly
parallel   with  the  northeasterly  side  of  Verona  Street  projected
northwesterly across Imlay Street four feet eight  inches;  thence  (11)
southwesterly parallel with the northwesterly side of Imlay Street nine-
ty-two  feet  four inches to the intersection of said course number (11)
with the southwesterly side of  Verona  Street  projected  northwesterly
across  Imlay  Street; thence (12) northwesterly along the southwesterly
side of Verona Street projected  northwesterly  from  the  northwesterly
side  of Imlay Street forty-three feet three inches to the southeasterly
boundary of Commercial Wharf;    thence  (13)  southwesterly  along  the
southeasterly  boundary  of Commercial Wharf four hundred ninety feet to
the centerline of  Pioneer  Street  (sixty  feet  wide);    thence  (14)
northwesterly  along  the  centerline  of Pioneer Street ten feet to the
centerline of Conover Street as extended;    thence  (15)  southwesterly
along  the  centerline  of Conover Street two hundred sixty feet more or
less to the intersection thereof with the  centerline  of  King  Street;
thence  (16)  northwesterly  along  the  centerline  of King Street five
hundred sixty feet more or less to the  intersection  thereof  with  the
centerline  of  Ferris  Street;    thence  (17)  southwesterly along the
centerline of Ferris Street one hundred forty-four feet  more  or  less;
thence  (18)  northwesterly and parallel with the centerline of Sullivan
Street four hundred twenty-six feet;  thence (19) northeasterly parallel
with the northwesterly side of Ferris Street  three  hundred  thirty-one
feet  three and one half inches;  thence (20) northwesterly along a line
forming an exterior angle of ninety-nine degrees fifty-four minutes  and
forty-one  seconds  with  course number (19) hereof, two hundred thirty-
eight feet two inches to the United States  pierhead  line  thence  (21)
northeasterly  along  the  United  States  pierhead line to the point of
intersection of said pierhead line with a line drawn in continuation  of
the  southerly side of Atlantic Avenue;  thence (22) southeasterly along
said line drawn in continuation of the southerly side of Atlantic Avenue
and along the said southerly side of Atlantic Avenue, one thousand three
hundred seventy-five and sixty-seven one-hundredths feet, more  or  less
to the point or place of beginning.
  3.  The  foregoing limitations shall not be construed to limit, affect
or impair the power of the Port Authority to acquire  real  property  at
any  time or place for marine terminal purposes by negotiation or in any
manner other than by condemnation  or  the  exercise  of  the  right  of
eminent domain.

S. 6478--A                         99

  S  1207.  Unappropriated lands.   In the event that the Port Authority
shall find it necessary or desirable to acquire any unappropriated state
land or lands under water in the state of New York for  marine  terminal
purposes,  the  commissioner  of general services may grant, transfer or
convey  such  unappropriated state land or lands under water to the Port
Authority under such terms and conditions as may be determined  by  said
commissioner.
  S  1208.  Funding; bonds. The obligations issued by the port authority
to provide funds for any marine terminal purpose are hereby made securi-
ties in which all state  and  municipal  officers  and  bodies  of  both
states,  all  trust  companies  and  banks other than savings banks, all
building and loan associations, savings and loan  associations,  invest-
ment  companies and other persons carrying on a commercial banking busi-
ness, 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  and
legal entities whatsoever (other than savings banks), who are now or may
hereafter  be  authorized  by  either  state  to invest in bonds of such
state, may properly and legally invest  any  funds,  including  capital,
belonging  to  them  or  within  their control, and said 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 of
either state for any purpose for which the  deposit  of  bonds  of  such
state  is now or may hereafter be authorized.  The obligations issued by
the port authority to provide funds for any marine terminal  purpose  as
security  for  which  the  general  reserve  fund  of the port authority
authorized by chapter forty-eight of the laws of New  York  of  nineteen
hundred  thirty-one as amended and continued by article VI of this chap-
ter, shall have been pledged in whole or in part are hereby made securi-
ties in which all savings banks also may properly and legally invest any
funds, including capital, belonging to them or within their control.

                              ARTICLE XIII
                              AIR TERMINALS

Section 1301. Authorization.
        1302. Restrictions.
        1303. Definitions.
        1304. Purpose.
        1304-a. Operation of air terminals; noise prohibition.
        1305. Taxes; assessments.
        1306. General reserve fund; repayment.
        1307. Bonds.
        1308. Municipality consent.
        1309. Acquisition limitations.
        1310. Federal aid.
        1311. Lands under water.
        1312. Repayment of bonds and obligations.
        1313. Contrary declarations.
        1314. Agreement between the states.
        1315. Federal aid procedure; application.
  S 1301. Authorization.   Upon the concurrence  of  the  state  of  New
Jersey,  the  states  of  New York and New Jersey declare and agree that
each air terminal within the Port of New York District serves the entire
district, and that the problem of furnishing  proper  and  adequate  air
terminal  facilities  within  the  district is a regional and interstate

S. 6478--A                         100

problem, and that it is and shall be the policy of  the  two  states  to
encourage the integration of such air terminals so far as practicable in
a unified system.
  Accordingly, in furtherance of said policy and in partial effectuation
of  the comprehensive plan, heretofore adopted by the two states for the
development of terminal and transportation facilities in the Port of New
York District, the states of New York and New Jersey agree that the port
authority  shall  be  authorized  to  effectuate,  establish,   acquire,
construct, rehabilitate, improve, maintain and operate air terminals, as
hereinafter  defined,  within the Port of New York District, and the two
said states further agree that all cities  and  other  state  and  local
agencies  shall  be and they hereby are authorized to cooperate with the
port authority in the  development  of  air  terminals,  as  hereinafter
provided.
  S  1302. Restrictions.  Nothing herein contained shall be construed to
authorize the port authority to acquire any air terminal owned or  oper-
ated by any city or other municipality or public authority, or any other
property now or hereafter vested in or held by any city or other munici-
pality  or  public  authority,  without the authority or consent of such
city or other municipality or  public  authority,  as  provided  in  the
compact  of  April thirtieth, nineteen hundred twenty-one, and continued
by article I of this chapter, between the states of  New  York  and  New
Jersey,  nor  shall  anything herein impair or invalidate in any way any
bonded indebtedness of the state, or any city or other  municipality  or
public  authority,  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.
  S  1303. Definitions.   The following terms as used herein shall mean:
1. "Air  terminals"  shall  mean  developments  consisting  of  runways,
hangars,  control  towers,  ramps, wharves, bulkheads, buildings, struc-
tures, parking areas, improvements, facilities or  other  real  property
necessary, convenient or desirable for the landing, taking off, accommo-
dation and servicing of aircraft of all types, including but not limited
to  airplanes,  airships,  dirigibles, helicopters, gliders, amphibians,
seaplanes, or any other contrivance now or hereafter used for the  navi-
gation of or flight in air or space, operated by carriers engaged in the
transportation  of  passengers  or cargo, or for the loading, unloading,
interchange or transfer of such passengers or  their  baggage,  or  such
cargo,  or  otherwise  for the accommodation, use or convenience of such
passengers, or such carriers or their employees (facilities and accommo-
dations at sites removed from landing fields and  other  landing  areas,
however,  except as otherwise provided in this section, to be limited to
ticket stations and passenger stations for air  passengers,  to  express
and freight stations for air express and air freight, and to beacons and
other  aids to air navigation), or for the landing, taking off, accommo-
dation and servicing of aircraft owned or operated by persons other than
carriers.  It shall also mean facilities  providing  access  to  an  air
terminal,  consisting  of  rail,  rapid  transit  or other forms of mass
transportation which furnish a connection between the air  terminal  and
other  points in the port district, including appropriate mass transpor-
tation terminal facilities at and within the  air  terminal  itself  and
suitable  offsite  facilities  for  the accommodation of air passengers,
baggage, mail, express, freight and other users of the connecting facil-
ity.  It shall also mean such highway project or projects in the vicini-
ty of an air terminal providing improved access to such air terminal  as

S. 6478--A                         101

shall  be  designated in legislation adopted by the two states. Notwith-
standing any contrary provision of law, general, special  or  local,  it
shall  also  mean  railroad freight projects related or of benefit to an
air  terminal  or  which  are  necessary, convenient or desirable in the
opinion of the port authority for the protection  or  promotion  of  the
commerce  of the port district, consisting of railroad freight transpor-
tation facilities or railroad freight  terminal  facilities;    and  any
equipment,  improvement,  structure  or  facility  or  any land, and any
building, structure, facility  or  other  improvement  thereon,  or  any
combination  thereof,  and  all real and personal property in connection
therewith or incidental thereto, deemed necessary or  desirable  in  the
opinion  of the port authority, whether or not now in existence or under
construction, for the undertaking of such railroad freight projects.
  2. "Air terminal bonds" shall mean bonds issued by the port  authority
for air terminal purposes.
  3. "Air terminal purposes" shall mean the effectuation, establishment,
acquisition,  construction,  rehabilitation, improvement, maintenance or
operation of air terminals owned, leased or operated by the port author-
ity of New York and New Jersey (including airports operated under  revo-
cable  permits)  or  operated  by others pursuant to agreements with the
port authority.
  4. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness.
  5. "General reserve fund" shall mean the general reserve fund  of  the
port authority authorized by chapter forty-eight of the laws of New York
of nineteen hundred thirty-one as amended and continued by article VI of
this  chapter,  and  chapter  five of the laws of New Jersey of nineteen
hundred thirty-one, as amended.
  6. "General reserve fund statutes" shall mean chapter  forty-eight  of
the  laws  of  New  York  of  nineteen hundred thirty-one as amended and
continued by article VI of this chapter, and chapter five of the laws of
New Jersey of nineteen hundred thirty-one, as amended.
  7. "Municipality" shall mean a county, city, borough,  village,  town-
ship, town, public agency, public authority or political subdivision.
  8. "Real property" shall mean lands, structures, franchises and inter-
ests  in  land,  including air space and air rights, waters, lands under
water and riparian rights, and any and all things  and  rights  included
within  the  said  term,  and includes not only fees simple absolute but
also any and all lesser interests, including but not  limited  to  ease-
ments,  rights  of way, uses, leases, licenses and all other incorporeal
hereditaments and every estate, interest or right, legal  or  equitable,
including  terms  for years and liens thereon by way of judgments, mort-
gages or otherwise.
  S  1304.  Purpose.    The  effectuation,  establishment,  acquisition,
construction,  rehabilitation, improvement, maintenance and operation of
air terminals by the port authority is 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 effectuation, establishment,  acquisition,  construction,  rehabili-
tation,  improvement,  maintenance or operation thereof, and in carrying
out the provisions of law relating thereto.
  S 1304-a. Operation of air terminals; noise prohibition. 1.  The  port
authority shall not permit or contract for the landing or takeoff of any
aircraft  which  emits a noise in excess of 108 EPNdB as measured as set

S. 6478--A                         102

forth herein at any airport it maintains or operates; provided, however,
in any case of emergency involving the possible saving  of  human  life,
the prohibition of this subdivision may be temporarily suspended.
  2.  Measurement. For purposes of this section, aircraft noise is to be
measured at the following points:
  (a) For takeoff, at a point 3.5 nautical miles from the start  of  the
takeoff roll on the extended centerline of the runway;
  (b)  For  approach, at a point one nautical mile from the threshold on
the extended centerline of the runway;  and
  (c) For the sideline, at the point, on a line  parallel  to  and  0.25
nautical  miles  from  the  extended centerline of the runway, where the
noise level after  liftoff  is  greatest,  except  that,  for  airplanes
powered  by more than three turbojet engines, this distance must be 0.35
nautical miles.
  3. Exceptions.  Notwithstanding the requirements of  subdivisions  one
and  two of this section the port authority in its discretion may, up to
a maximum noise level not exceeding 112 PNdB on takeoff, as measured  by
the port authority in the manner used by the port authority to make such
measurements  on  the effective date of this section, grant an exception
thereto to any classification of aircraft built prior to  the  effective
date  of  this article and which has heretofore used the airport facili-
ties of the port authority, even though said aircraft  does  not  comply
with  subdivisions  one and two of this section, upon a showing that (a)
the aircraft is capable of being equipped  with  retrofit  equipment  to
reduce  the  noise  thereof to comply with the foregoing requirements of
the airport operator, and, in addition, (b) that  such  modification  by
way  of  retrofit  to  reduce  its noise shall be accomplished upon such
terms and conditions to assure compliance  as  the  port  authority,  as
airport operator, may require, within five years of the date of applica-
tion  for  an exception hereunder but in no event later than June first,
nineteen hundred eighty-one.
  S 1305. Taxes; assessments. The port authority shall  be  required  to
pay no taxes or assessments upon any of the property acquired or used by
it  for  air  terminal  purposes;    but  this shall not be construed to
prevent the port authority and municipalities from entering into  agree-
ments  for the payment of fair and reasonable sums by the port authority
annually in accordance with legislation heretofore adopted  by  the  two
states, to the end that such municipalities may not suffer undue loss of
taxes  and  assessments  by  reason  of the acquisition and ownership of
property by the port authority for air terminal purposes.
  S 1306.  General reserve fund; repayment. The moneys  in  the  general
reserve fund of the port authority 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 issued  by  it
from  time  to time to provide funds for air terminal purposes;  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.
  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 general reserve fund statutes), the
revenues of the port authority from facilities established, 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

S. 6478--A                         103

issued by it to provide funds for air terminal purposes, and said reven-
ues 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
such bonds.
  S 1307. Bonds. The bonds issued by the port authority to provide funds
for  air terminal purposes are hereby made securities in which all state
and municipal officers and bodies of both states,  all  banks,  bankers,
trust  companies, savings banks, building and loan associations, 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 administra-
tors, executors, guardians, trustees  and  other  fiduciaries,  and  all
other  persons whatsoever, who are now or may hereafter be authorized by
either state to invest in bonds or other obligations of such state,  may
properly  and  legally invest any funds, including capital, belonging to
them or within their control;  and said bonds are hereby made securities
which may properly and legally be deposited with and shall  be  received
by  any  state  or  municipal  officer or agency of either state for any
purpose for which the deposit of bonds  or  other  obligations  of  such
state is now or may hereafter be authorized.
  S   1308.   Municipality  consent.  1.  Notwithstanding  any  contrary
provision of law, every municipality in the Port of New York District is
authorized and empowered to consent to the use by the port authority  of
any  air  terminal owned by such municipality or of any real or personal
property owned by such municipality and necessary, convenient or desira-
ble in the opinion of the port  authority  for  air  terminal  purposes,
including  such  real  property  as has already been devoted to a public
use, and as an incident to such consent, to  grant,  convey,  lease,  or
otherwise  transfer  to the port authority any such air terminal or real
or personal property, upon such terms as may be determined by  the  port
authority  and  such  municipality.    Every  such  municipality is also
authorized and empowered as an incident to such consent to vest  in  the
port authority the control, operation, maintenance, rents, tolls, charg-
es  and any and all other revenues of any air terminal now owned by such
municipality, the title to such air terminal remaining in  such  munici-
pality.  Such consent shall be given and the execution of any agreement,
deed,  lease, conveyance, or other instrument evidencing such consent or
given as an incident thereto shall be authorized in the manner  provided
in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
hundred twenty-one, and continued by article I of this chapter,  between
the two states creating the port authority.
  2.  Notwithstanding  any contrary provision of law, every municipality
outside the port district is authorized and empowered to consent to  the
use  of  real property owned by such municipality and necessary, conven-
ient or desirable in the opinion of the port authority  for  beacons  or
other aids to navigation, or to the use of any air space over real prop-
erty owned by such municipality;  and as an incident to such consent, to
grant,  lease,  convey  or otherwise transfer to the port authority such
real property or air space.
  Such consent shall be given and the execution of any agreement,  deed,
lease,  conveyance  or other instrument evidencing such consent or given
as an incident thereto, shall be given by the  officer,  board  or  body
authorized  by  law  to convey such property, or if no officer, board or
body be otherwise authorized so to do, by the  governing  body  of  such
municipality.

S. 6478--A                         104

  3.  The  states  of  New  York and New Jersey hereby consent to suits,
actions or proceedings of any form or nature in law, equity or otherwise
by any city or other municipality against the port  authority  upon,  in
connection with or arising out of any such agreement, agreements, or any
modification  thereof  or supplement thereto, for the following types of
relief and for such purposes only:
  (a) For money damages for breach thereof,
  (b) For money damages for torts arising out of the  operation  of  the
municipal air terminal,
  (c) For rent,
  (d) For specific performance,
  (e) For reformation thereof,
  (f) For accounting,
  (g) For declaratory judgment,
  (h) For judgments, orders or decrees restraining or enjoining the port
authority  from  transferring title to real property to third persons in
cases where it has contracted with such city or  other  municipality  to
transfer such title to such city or municipality, and
  (i) For judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreements with such municipality, provided that such judgment, order or
decree  shall  not be entered except upon two days' prior written notice
to the port  authority  of  the  proposed  entry  thereof  and  provided
further, that upon an appeal taken by the port authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  4.  When  rules  of  venue are applicable, the venue of any such suit,
action or proceeding shall be laid in the county or judicial district in
which the air terminal, which is the subject matter  of  such  agreement
between  the  port  authority and the city or other municipality, or any
part thereof, is located.
  5. If any clause, sentence, paragraph, or part of this subdivision, or
the application thereof to any person or circumstances, shall,  for  any
reason,  be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the  remainder  of
this  subdivision,  and  the  application thereof to any other person or
circumstances, but shall be confined in its  operation  to  the  clause,
sentence, paragraph, or part thereof directly involved in the controver-
sy  in which such judgment shall have been rendered and to the person or
circumstances involved.
  S 1309. Acquisition limitations.   The powers hereinafter  granted  to
the port authority to acquire real property by condemnation or the right
of  eminent  domain  shall  be  subject  to the limitations set forth in
section thirteen hundred two of this article, and also to the  following
further limitations:
  1.  Unless  and until the state of New York otherwise provides by law,
the port authority shall not have power to acquire real property in that
state for air terminal purposes by condemnation or the right of  eminent
domain  except  for  the  purpose  of  making  additions, extensions and
improvements to the three air terminals in New York  city  known  as  La
Guardia  airport,  John F. Kennedy international airport (formerly known
as Idlewild airport), and Floyd Bennett  airport,  for  the  purpose  of
acquiring  air  rights  or  preventing  or  removing actual or potential
hazards to air navigation within three miles of the runways at said  air
terminals  as  such  runways  may  now  or  hereafter exist, and for the

S. 6478--A                         105

purpose of establishing or maintaining beacons and  other  aids  to  air
navigation  in  connection with said three air terminals, whether or not
within three miles of said runways. The port authority  shall  not  have
power  to  acquire  by  condemnation or the right of eminent domain real
property in or under the waters of Jamaica Bay for the purpose of adding
to, expanding, extending or constructing runway extensions, or  incorpo-
rating  such  lands  into  the  airport operation; however, this section
shall not prohibit the port authority  from  acquiring  such  lands  for
installing  flight  control and safety equipment to service its existing
runways, nor from installing anti-pollution  devices  and  equipment  in
accordance with its anti-pollution program adopted for the air terminals
in New York city known as John F. Kennedy international airport or Floyd
Bennett airport.
  2. Unless and until the state of New Jersey otherwise provides by law,
the  port authority shall not have the power to acquire real property in
the state of New Jersey for air terminal purposes by condemnation or the
right of eminent domain except for  the  purpose  of  making  additions,
extensions  and improvements to the air terminal known as Newark airport
(including additions, extensions and improvements thereto located in the
city of Elizabeth), for the purpose of acquiring air rights or  prevent-
ing  or  removing  actual  or potential hazards to air navigation within
three miles of the runways at said air terminal as such runways may  now
or  hereafter  exist, and for the purpose of establishing or maintaining
beacons and other aids to air navigation in  connection  with  said  air
terminal, whether or not within three miles of said runways.
  3.  Unless  otherwise  provided by law by the state in which such real
property is located, the port authority shall not have power to  acquire
for  air  terminal purposes by condemnation, acquisition pursuant to the
provisions of the eminent domain procedure law, or the right of  eminent
domain  subsequent  to  June  thirtieth, nineteen hundred fifty-two, any
real property taken for and actually devoted to a public use,  provided,
that  this  limitation shall not apply to real property a proceeding for
the acquisition of which was initiated prior to that date.
  4. The foregoing limitations shall not be construed to  limit,  affect
or  impair  the  power of the port authority to acquire real property at
any time and place for air terminal purposes by negotiation  or  in  any
other   manner   than  by  condemnation,  acquisition  pursuant  to  the
provisions of the eminent domain procedure law, or by  the  exercise  of
the right of eminent domain.
  5.  Subject  to the foregoing limitations, if the port authority shall
find it necessary or convenient to acquire any  real  property  for  air
terminal purposes, whether for immediate or future use, the port author-
ity  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  determination the said property shall be and shall be deemed to be
required for such public use until  otherwise  determined  by  the  port
authority, and such determination shall not be affected by the fact that
such  property  has  theretofore been taken for and 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 except a municipality
within or without the port district. The port authority may acquire  and
is  hereby  authorized  to  acquire  such property, whether a fee simple
absolute or a lesser estate, by the exercise of  the  right  of  eminent
domain  under  and  pursuant  to the eminent domain procedure law of the
state of New York, in the case of property located in  such  state,  and

S. 6478--A                         106

revised  statutes  of  New  Jersey, Title 20:1-1 et seq., in the case of
property situated in such state, or at the option of the port  authority
pursuant  to  such other and alternate procedure in each state as may be
provided  by law by such state. The port authority shall have such power
of eminent domain not only in respect to real  property  located  within
the  Port  of New York District but also as to any real property located
outside of the port district which is necessary, incidental  or  conven-
ient  for  the  effectuation,  establishment, acquisition, construction,
rehabilitation or improvement, and  maintenance  and  operation  of  air
terminals  within  the  port district. Nothing herein contained shall be
construed to prevent 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 acquiring any such property by
negotiation or purchase.
  S 1310. Federal aid.  The port authority may make application directly
to  the proper federal officials or agencies for federal loans or grants
in aid of air terminals owned or  operated  by  it;  provided,  that  if
either  state shall have or adopt general legislation governing applica-
tions for federal aid for air terminals by municipalities of such state,
or the receipt or disbursement of such federal aid by or  on  behalf  of
such  municipalities,  then such legislation shall at the option of such
state apply to applications by the port authority for  federal  aid  for
air  terminals located in such state and to the receipt and disbursement
of such federal aid by or on behalf of the port authority, in  the  same
manner  and  to  the  same extent as other municipalities of such state.
Except as above provided, no agency or commission of either state  shall
have  jurisdiction  over any air terminals under the control of the port
authority, and all details of financing, construction, leasing, charges,
rates, tolls, contracts and the operation  of  air  terminals  owned  or
controlled by the port authority shall be within its sole discretion and
its  decision in connection with any and all matters concerning such air
terminals shall be controlling and conclusive. The  local  laws,  resol-
utions, ordinances, rules and regulations of a municipality within which
an  air  terminal  is  situated  shall apply to such air terminal, if so
provided in any agreement between the port authority  and  such  munici-
pality, and to the extent provided in such agreement.
  S 1311. Lands under water.  In the event that the port authority shall
find it necessary or desirable to acquire any unappropriated state lands
or lands under water in the state of New York for air terminal purposes,
the  commissioner  of general services of that state may grant, transfer
or convey such unappropriated state lands or lands under  water  to  the
port  authority  upon such consideration, terms and conditions as may be
determined by said commissioner, except that no lands under  the  waters
of  Jamaica  Bay  may  be  granted,  transferred or conveyed to the port
authority for air terminal  purposes  by  said  commissioner  except  as
provided in paragraph one of section thirteen hundred nine of this arti-
cle.
  In the event that the port authority shall find it necessary or desir-
able to acquire any lands under water in the state of New Jersey for air
terminal  purposes,  the  division  of  navigation  of the department of
conservation of that state may grant,  transfer  or  convey  such  lands
under  water  to  the  port authority in accordance with the statutes of
that state governing the making of riparian grants and leases, upon such
terms and conditions as may be determined by said division.
  In the event that the port authority shall find it necessary or desir-
able to acquire any real property required or  used  for  state  highway

S. 6478--A                         107

purposes in the state of New Jersey, the state highway department of the
state  of New Jersey may grant, transfer or convey such real property to
the port authority upon such terms and conditions as may  be  determined
by said state highway department.
  S  1312.  Repayment of bonds and obligations.  The two states covenant
and agree with each other and with the holders of any bonds of the  port
authority  issued  or incurred for air terminal purposes and as security
for which there may or shall be  pledged  (directly  or  indirectly,  or
through the medium of its general reserve fund or otherwise), the reven-
ues, or any part thereof, of any air terminal or other facility owned or
operated by the port authority, that the two 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  landing  fees,  charges,  rents,  tolls  or  other fees in
connection therewith.
  S 1313. Contrary declarations.  Any declarations contained herein  and
in  the  concurrent  act  of the state of New Jersey with respect to the
governmental nature of air terminals and to the exemption of air  termi-
nal  property  from taxation and to the discretion of the port authority
with respect to air terminal operations shall not be construed to  imply
that  other  port authority property and operations are not of a govern-
mental nature, or that they are subject to taxation, or that the  deter-
minations of the port authority with respect thereto are not conclusive.
  S  1314. Agreement between the states.  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 thirtieth, nineteen hundred twenty-one, and amendato-
ry thereof, and continued by article I of this  chapter,  and  shall  be
liberally  construed  to  effectuate the purposes of said compact and of
the comprehensive plan heretofore adopted by the  two  states,  and  the
powers  vested  in the port authority hereby shall be construed to be in
aid of and supplemental to and not in limitation of or in derogation  of
any  of  the  powers  heretofore conferred upon or delegated to the port
authority.
  S 1315. Federal aid procedure; application.   The state  of  New  York
hereby  elects  to exercise the option reserved to each state by section
thirteen hundred ten of this article (and by the  corresponding  section
of  the  New  Jersey statute concurring herein);  and accordingly, if by
the effective date of chapter 802 of the laws of 1947,  this  state  has
adopted,  or  if thereafter it shall adopt general legislation governing
applications for federal aid for air terminals by municipalities of this
state or the receipt or disbursement of such federal aid by or on behalf
of such municipalities, such legislation shall apply to applications  by
the  port  authority  for  federal aid for air terminals located in this
state in the same manner and to the same extent as other  municipalities
of  this  state,  provided,  that if such legislation shall require such
applications for federal aid to  be  approved  by  any  officer,  board,
commission,  department  or  other agency of this state or shall require
the consent of any such agency of this state to the  submission  thereof
to  the  federal  government,  or  shall require any such agency of this
state to be designated by municipalities as their agent  to  collect  or
disburse  such federal aid, or shall contain any other requirement vest-
ing any such agency of this state with power or discretion with  respect
to  the  making  of  such applications for federal aid or the receipt or
disbursement thereof, then such officer, board,  commission,  department
or other agency of this state shall have power to waive such requirement

S. 6478--A                         108

in  whole  or  in  part  temporarily  or permanently insofar as the port
authority is concerned.

                               ARTICLE XIV
                             EMINENT DOMAIN

Section 1401. Right of eminent domain.
  S  1401.  Right  of  eminent  domain.   The powers granted to the port
authority by this article shall be deemed to be in aid  of  and  supple-
mental  to  and  not in limitation or derogation of the powers otherwise
conferred upon it;  and nothing herein contained shall be  construed  to
prevent  the  port authority from exercising the right of eminent domain
under and pursuant to the eminent domain procedure law of the  state  of
New  York,  or any other applicable law of this state, in any case where
it is authorized so to do.

                               ARTICLE XV
                    SUITS AGAINST THE PORT AUTHORITY

Section 1501. Suits against the port authority.
        1502. Prior causes of action.
        1503. Contract causes of action.
        1504. Civil suits; statutory penalties.
        1505. Further restrictions.
        1506. Venue.
        1507. Statute of limitations.
        1508. Notice of claim.
        1509. Limits of liability.
        1510. Other suits, actions or proceedings.
        1511. Agreement between the states.
  S 1501.  Suits against the port authority.   Upon the  concurrence  of
the  state  of New Jersey, the states of New York and New Jersey consent
to suits, actions or proceedings of any form or nature at law, in equity
or otherwise (including proceedings to enforce  arbitration  agreements)
against  the port authority, and to appeals therefrom and reviews there-
of, except as hereinafter  provided  in  sections  fifteen  hundred  two
through fifteen hundred five of this article, inclusive.
  S 1502. Prior causes of action.  The foregoing consent does not extend
to  suits,  actions  or proceedings upon any causes of action whatsoever
accruing before the effective date of chapter 301 of the laws  of  1950,
other than causes of actions upon, in connection with, or arising out of
notes,  bonds  or other obligations or securities secured by a pledge of
the general reserve fund of the port authority.
  S 1503. Contract causes of action.   The foregoing  consent  does  not
extend  to suits, actions or proceedings upon any causes of action what-
soever, upon, in connection  with,  or  arising  out  of  any  contract,
express  or  implied, entered into or assumed by or assigned to the port
authority before the effective  date  of  this  article  (including  any
supplement  to, or amendment, extension or renewal of any such contract,
even if such supplement, amendment, extension or renewal is made  on  or
after the effective date of chapter 301 of the laws of 1950), regardless
of whether such cause of action accrued before or after that date, other
than  causes of action upon, in connection with or arising out of notes,
bonds or other obligations or securities secured  by  a  pledge  of  the
general reserve fund of the port authority.

S. 6478--A                         109

  S  1504. Civil suits; statutory penalties.  The foregoing consent does
not extend to civil suits, actions or proceedings for  the  recovery  of
statutory penalties.
  S  1505.  Further restrictions.  The foregoing consent does not extend
to suits, actions  or  proceedings  for  judgments,  orders  or  decrees
restraining,  enjoining or preventing the port authority from committing
or continuing to commit any act or acts, other than  suits,  actions  or
proceedings  by  the  attorney  general  of  New York or by the attorney
general of New Jersey--each of whom is hereby authorized to  bring  such
suits,  actions or proceedings in his discretion on behalf of any person
or persons whatsoever who requests him so to  do  except  in  the  cases
excluded  by  sections  fifteen  hundred  two, fifteen hundred three and
fifteen hundred four of this article; provided, that in any  such  suit,
action  or  proceeding,  no  judgment,  order or decree shall be entered
except upon at least two days' prior written notice to the port authori-
ty of the proposed entry thereof.
  S 1506. Venue.  The foregoing consent is granted  upon  the  condition
that  venue in any suit, action or proceeding against the port authority
shall be laid within a county or a judicial district, established by one
of said states or by the United States, and situated wholly or partially
within the port of New York district. The port authority shall be deemed
to be a resident of each  such  county  or  judicial  district  for  the
purpose of such suits, actions or proceedings. Although the port author-
ity  is  engaged  in the performance of governmental functions, the said
two states consent to liability on the part of  the  port  authority  in
such suits, actions or proceedings for tortious acts committed by it and
its agents to the same extent as though it were a private corporation.
  S 1507. Statute of limitations.  The foregoing consent is granted upon
the  condition  that  any suit, action or proceeding prosecuted or main-
tained under this article shall be commenced within one year  after  the
cause of action therefor shall have accrued, and upon the further condi-
tion that in the case of any suit, action or proceeding for the recovery
or  payment  of money, prosecuted or maintained under this act, a notice
of claim shall have been served upon the port authority by or on  behalf
of  the  plaintiff  or  plaintiffs at least sixty days before such suit,
action or proceeding is commenced. The provisions of this section  shall
not  apply  to claims arising out of provisions of any workmen's compen-
sation law of either state.
  S 1508. Notice of claim.   The notice of  claim  required  by  section
seven hereof shall be in writing, sworn to by or on behalf of the claim-
ant  or  claimants,  and  shall  set  forth (1) the name and post office
address of each claimant and of his attorney, if any, (2) the nature  of
the  claim,  (3)  the time when, the place where and the manner in which
the claim arose, and (4) the items of damage or injuries claimed to have
been sustained so far as then practicable. Such notice may be served  in
the  manner  in  which process may be served, or in lieu thereof, may be
sent by registered mail to the port authority at its  principal  office.
Where  the  claimant  is  a person under the age of eighteen years or is
mentally or physically incapacitated and by reason of such disability no
notice of claim is filed or suit, action or proceeding commenced  within
the  time specified in section fifteen hundred seven of this article, or
where a person entitled to make a claim dies and by reason of his  death
no  notice  of  claim  is  filed or suit, action or proceeding commenced
within the time specified in section seven  hereof  then  any  court  in
which  such  suit,  action  or  proceeding  may  be  brought  may in its
discretion grant leave to serve the notice of claim and to commence  the

S. 6478--A                         110

suit,  action  or  proceeding  within a reasonable time but in any event
within three years after the cause of action  accrued.  Application  for
such  leave  must be made upon an affidavit showing the particular facts
which  caused  the  delay  and  shall  be  accompanied  by a copy of the
proposed notice of claim if such notice has not been  served,  and  such
application shall be made only upon notice to the port authority.
  S 1509. Limits of liability.  The commissioners, officers or employees
of  the  port  authority  shall  not  be  subject  to  suits, actions or
proceedings for judgments, orders or decrees restraining, preventing  or
enjoining  them in their official or personal capacities from committing
or continuing to commit any act or acts on behalf of the port  authority
other than suits, actions and proceedings brought by the attorney gener-
al  of  New York or by the attorney general of New Jersey or by the port
authority itself--each of said attorneys general being hereby authorized
to bring such suits, actions or proceedings in his discretion on  behalf
of  any person or persons whatsoever who requests him so to do except in
the cases excluded by sections  fifteen  hundred  two,  fifteen  hundred
three  and  fifteen  hundred four of this article; provided, that in any
such suit, action or proceeding brought by either attorney  general,  no
judgment,  order  or  decree  shall  be entered except upon at least two
days' notice to the defendant of the proposed entry thereof.
  S 1510. Other suits, actions or proceedings.  Nothing herein shall  be
deemed  to  revoke,  rescind or affect any consents to suits, actions or
proceedings against the port authority heretofore given by the two  said
states  in chapter eight hundred two of the laws of New York of nineteen
hundred forty-seven, as amended, and continued by article XIII  of  this
chapter,  and  chapter forty-three of the laws of New Jersey of nineteen
hundred forty-seven, as amended; chapter six hundred thirty-one  of  the
laws  of  New  York  of  nineteen  hundred  forty-seven, as amended, and
continued by article XII of this chapter; chapter forty-four of the laws
of New Jersey of nineteen hundred forty-seven, as amended,  and  chapter
five  hundred  thirty-four  of  the laws of New York of nineteen hundred
forty-eight, and continued by article XII of this chapter,  and  chapter
ninety-seven of the laws of New Jersey of nineteen hundred forty-eight.
  S  11.  Agreement  between the states.  This article together with the
act of the state of New Jersey concurring herein,  shall  constitute  an
agreement between the states of New York and New Jersey supplementary to
and  amendatory  of  the compact between the two said states dated April
thirtieth, nineteen hundred twenty-one and continued  by  article  I  of
this chapter.

                               ARTICLE XVI
               TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS

Section 1601. Governing authority.
        1602. Tolls; other charges.
        1603. Operation restrictions.
        1604. Port authority police force.
        1605. Driving procedure.
        1606. Operation requirements.
        1607. Accident protocol.
        1608. Transport restrictions.
        1609. Violations.
        1610. Definitions.
        1611. Severability.
        1612. Repeal of previous rules and regulations.

S. 6478--A                         111

        1613. Agreement between the states.
        1614. Compliance with state law.
        1615. Felonies.
        1616. Misdemeanors.
        1616-a. Owner  liability  for failure of operator to comply with
                  toll collection regulations of the port authority.
        1616-b. Imposition of  liability  for  failure  of  operator  to
                  comply  with  toll  collection regulations of the port
                  authority.
        1616-c. Adjudication of liability.
  S 1601. Governing authority.  To the end that the interstate vehicular
crossings operated by the port authority, pursuant  to  the  compact  of
April  thirtieth,  nineteen hundred twenty-one between the states of New
York and New Jersey creating the port authority, may be efficiently  and
safely  operated in the interest of the people of the states of New York
and New Jersey and of the nation, the following  rules  and  regulations
governing traffic on vehicular crossings operated by the port authority,
set  forth in sections sixteen hundred two through sixteen hundred eight
of this article, are hereby adopted  by  the  legislatures  of  the  two
states, and are declared to be binding upon all persons and corporations
affected thereby.
  S  1602.  Tolls;  other charges.   No traffic shall be permitted in or
upon vehicular crossings except upon the payment of such tolls and other
charges as may from time to time be prescribed by the port authority. It
is hereby declared to be unlawful for any person to refuse to pay, or to
evade or to attempt to evade the payment of such tolls or other charges.
  S 1603. Operation restrictions.  No vehicle shall  be  operated  care-
lessly  or  negligently,  or  in  disregard  of  the rights or safety of
others, or without due caution and circumspection, or at a speed or in a
manner so as to endanger unreasonably or to be likely to endanger unrea-
sonably persons or property, or while the operator thereof is under  the
influence of intoxicating liquors or any narcotic or habit-forming drug,
nor shall any vehicle be so constructed, equipped or loaded as to endan-
ger  unreasonably  or  to  be likely to endanger unreasonably persons or
property.
  S 1604. Port authority police force.  All persons in or upon vehicular
crossings must at all times comply with  any  lawful  order,  signal  or
direction  by  voice  or hand of any member of the port authority police
force. When traffic is controlled by traffic lights, signs or by mechan-
ical or electrical signals, such lights,  signs  and  signals  shall  be
obeyed unless a port authority police officer directs otherwise.
  S  1605. Driving procedure.  Unless otherwise directed, vehicles shall
at all times stay to the right of the center of all roadways  except  in
the case of one-way roadways; slow-moving vehicles shall remain as close
as  possible  to the right-hand edge or curb of the roadway; and where a
roadway is marked with traffic lanes vehicles shall not cross markings.
  S 1606. Operation requirements.  No person shall operate a motor vehi-
cle in or upon any part of  a  vehicular  crossing  unless  he  is  duly
authorized  to operate motor vehicles in the state in which such part of
the vehicular crossing is located. No motor vehicle shall  be  permitted
in  or  upon any part of a vehicular crossing which is not registered in
accordance with the provisions of the law of the  state  in  which  such
part of the vehicular crossing is located.
  S 1607. Accident protocol.  The operator of any vehicle involved in an
accident  resulting  in  injury  or death to any person or damage to any
property shall immediately stop such vehicle at the scene of  the  acci-

S. 6478--A                         112

dent,  render  such  assistance  as  may  be  needed, and give his name,
address, and operator's license and registration number  to  the  person
injured or to any officer or witness of the injury. The operator of such
vehicle  shall make a report of such accident in accordance with the law
of the state in which such accident occurred.
  S 1608. Transport restrictions.  No person shall transport in or  upon
a  vehicular  crossing, any dynamite, nitroglycerin, black powder, fire-
works, blasting caps or  other  explosives,  gasoline,  alcohol,  ether,
liquid  shellac, kerosene, turpentine, formaldehyde or other inflammable
or combustible liquids, ammonium nitrate,  sodium  chlorate,  wet  hemp,
powdered  metallic  magnesium,  nitro-cellulose film, peroxides or other
readily inflammable solids or oxidizing  materials,  hydrochloric  acid,
sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
ic,  carbolic  acid,  potassium cyanide, tear gas, lewisite or any other
poisonous substances, liquids or gases, or any compressed  gas,  or  any
radio-active article, substance or material, at such time or place or in
such  manner or condition as to endanger unreasonably or as to be likely
to endanger unreasonably persons or property.
  S 1609. Violations.  Violations of the rules and regulations set forth
in sections sixteen hundred two through sixteen hundred  eight  of  this
article committed within the territorial limits of either state shall be
punishable  as  may be provided by the laws of such state but the penal-
ties prescribed by either state shall not preclude  the  port  authority
from  excluding  from vehicular crossings permanently or for a specified
time, all vehicles violating any of the said rules and  regulations,  as
well  as  other  vehicles  owned or operated by the owner or operator of
such vehicle.
  S 1610. Definitions.  The following terms as used  herein  shall  have
the indicated meanings:
  1. "Traffic" shall include pedestrians, ridden animals, herded animals
and vehicles whether moved by human power or otherwise.
  2.  "Vehicular  crossings"  shall include not only bridges and tunnels
operated by the port authority, but also their  plazas  and  approaches,
but  shall  not  include  any lands granted by the port authority to the
states of New York or New Jersey or to  a  municipality  for  street  or
highway  purposes even though such street or highway constitutes a means
of access to or egress from such vehicular crossing.
  S 1611. Severability.  If any term or provision of this article  shall
be  declared  unconstitutional  or  ineffective in whole or in part by a
court of competent jurisdiction, then to  the  extent  that  it  is  not
unconstitutional  or  ineffective,  such  term  or  provisions  shall be
enforced and effectuated, nor shall  such  determination  be  deemed  to
invalidate the remaining terms or provisions thereof.
  S 1612. Repeal of previous rules and regulations.  The two said states
agree  that  chapter  two  hundred  fifty-one of the laws of New York of
nineteen hundred thirty-four, entitled "An act  establishing  rules  and
regulations  for  the  control  of traffic on the interstate bridges and
tunnels operated by the Port  of  New  York  Authority  and  prescribing
proceedings and penalties for their violations", and chapter one hundred
forty-six  of  the pamphlet laws of New Jersey, nineteen hundred thirty-
two, entitled "An act establishing rules and regulations for the control
of traffic on the inter-state bridges and tunnels operated by  the  Port
of  New  York  Authority  and  prescribing proceedings and penalties for
their violations", shall be and are repealed as of the date this article
takes effect.

S. 6478--A                         113

  S 1613. Agreement between the states.  This section and the  preceding
sections  of  this  article, together with the corresponding sections of
the act of the state of New Jersey concurring herein,  shall  constitute
an agreement between the states of New York and New Jersey supplementary
to  the  compact  between the two states dated April thirtieth, nineteen
hundred twenty-one, and  amendatory  thereof,  and  shall  be  liberally
construed  to  effectuate the purposes of said compact and of the agree-
ments of the two states amendatory thereof or supplemental thereto;  and
shall  be construed to be in aid of and supplemental to and not in limi-
tation of or in derogation of the powers heretofore  conferred  upon  or
delegated to the port authority.
  S  1614. Compliance with state law.  If the violation within the state
of any of the rules  and  regulations  set  forth  in  sections  sixteen
hundred  two through sixteen hundred eight of this article including but
not limited to those regarding the payment of tolls, would have  been  a
felony,  misdemeanor  or  other  punishable  offense if committed on any
public road, street, highway or turnpike in the  municipality  in  which
such  violation  occurred,  it  shall  be tried and punished in the same
manner as if it had been committed on such public road, street,  highway
or turnpike.
  S  1615. Felonies.   Notwithstanding the provisions of section sixteen
hundred fourteen of this article, if the violation within the  state  of
the  rule  and  regulation set forth in section sixteen hundred eight of
this article shall result in injury or death to a person or  persons  or
damage to property in excess of the value of five thousand dollars, such
violation shall constitute a felony.
  S  1616. Misdemeanors.  Except as provided in sections sixteen hundred
fourteen and sixteen hundred fifteen  of  this  article,  any  violation
within  the  state  of  any  of  the  rules and regulations set forth in
sections sixteen hundred two through sixteen hundred eight of this arti-
cle including but not limited to those regarding the payment  of  tolls,
shall  constitute  a  misdemeanor  and shall be punishable as an offense
triable in a magistrate's court by a fine  not  exceeding  five  hundred
dollars or by imprisonment not exceeding sixty days or by both such fine
and imprisonment.
  S  1616-a. Owner liability for failure of operator to comply with toll
collection regulations of the port authority. Notwithstanding any  other
provision  of  law  and  in  accordance  with  the provisions of section
sixteen hundred sixteen-b of this article, an owner of a vehicle may  be
held  liable  for failure of an operator thereof to comply with the toll
collection regulations of the port authority of New York and New  Jersey
(hereinafter  called  port  authority).  The owner of a vehicle shall be
liable pursuant to this section if such vehicle  was  used  or  operated
with  the  permission  of the owner, express or implied, in violation of
the  toll  collection  regulations  of  the  port  authority,  and  such
violation  is  evidenced by information obtained from a photo-monitoring
system, provided, however, that no owner of a vehicle  shall  be  liable
where  the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
  S 1616-b. Imposition of liability for failure of  operator  to  comply
with  toll  collection  regulations of the port authority. The liability
set forth in section sixteen hundred sixteen-a of this article, shall be
imposed upon an owner for  a  violation  by  an  operator  of  the  toll
collection regulations of the port authority occurring within the terri-
torial limits of the state of New York in accordance with the following:

S. 6478--A                         114

  1.  For  the purposes of this section, the term "owner" shall mean any
person, corporation, partnership, firm, agency, association, lessor,  or
organization  who,  at  the time of the violation in any city in which a
vehicle is operated: (a) is the beneficial or equitable  owner  of  such
vehicle;  or  (b) has title to such vehicle; or (c) is the registrant or
co-registrant of such vehicle which is registered with the department of
motor vehicles of this state or any other  state,  territory,  district,
province,  nation  or  other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision six of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e)  a  person
entitled  to  the  use and possession of a vehicle subject to a security
interest in another person. For the purposes of this section,  the  term
"operator"  shall mean any person, corporation, firm, partnership, agen-
cy, association, organization or lessee that uses or operates a  vehicle
with  or  without the permission of the owner, and an owner who operates
his or her own vehicle. For purposes of this section, the  term  "photo-
monitoring  system"  shall  mean  a  vehicle sensor installed to work in
conjunction with a toll collection facility which automatically produces
one or more photographs, one or more microphotographs,  a  videotape  or
other recorded images of each vehicle at the time it is used or operated
in  violation  of the toll collection regulations of the port authority.
For purposes of this section, the term "toll collection  regulations  of
the  port  authority"  shall refer to the traffic regulations for inter-
state vehicular crossings operated by the port authority as set forth in
this article and in chapter one hundred ninety-two of the  laws  of  New
Jersey  of  nineteen hundred fifty, and specifically that section of the
laws which prohibits traffic in or upon vehicular crossings operated  by
the  port  authority  except  upon  the  payment of such tolls and other
charges as may from time to time be prescribed by the port authority and
which further makes it unlawful for any person to refuse to pay,  or  to
evade or to attempt to evade the payment of such tolls or other charges.
For purposes of this section, the term "vehicle" shall mean every device
in,  upon,  or by which a person or property is or may be transported or
drawn upon a highway, except devices used  exclusively  upon  stationary
rails or tracks.
  2. A certificate, sworn to or affirmed by an agent of the port author-
ity,  or  a  facsimile  thereof,  based  upon inspection of photographs,
microphotographs, videotape or  other  recorded  images  produced  by  a
photo-monitoring  system  shall  be  prima  facie  evidence of the facts
contained therein and shall be admissible in any proceeding  charging  a
violation of toll collection regulations of the port authority, provided
that  any  photographs,  microphotographs,  videotape  or other recorded
images evidencing such a violation shall be available for inspection and
admission into evidence in any proceeding to  adjudicate  the  liability
for such violation.
  3.  An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of  liabil-
ity  pursuant  to  this  section  shall not be deemed a conviction of an
operator and shall not be made  part  of  the  motor  vehicle  operating
record,  furnished  pursuant  to section three hundred fifty-four of the
vehicle and traffic law, of the  person  upon  whom  such  liability  is
imposed  nor shall it be used for insurance purposes in the provision of
motor vehicle insurance coverage.
  4. (a) A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation pursuant to this
section of the toll collection regulations of the port  authority.  Such

S. 6478--A                         115

notice  shall  be  mailed  no  later  than thirty days after the alleged
violation. Personal delivery on the owner shall not be required. A manu-
al or automatic record of mailing prepared in  the  ordinary  course  of
business shall be prima facie evidence of the mailing of the notice.
  (b)  A  notice  of liability shall contain the name and address of the
person alleged to be liable as an owner for  a  violation  of  the  toll
collection  regulations  of the port authority pursuant to this section,
the registration number of the vehicle involved in such  violation,  the
location  where  such  violation  took  place, the date and time of such
violation and the identification number of the  photo-monitoring  system
which recorded the violation or other document locator number.
  (c)  The  notice  of  liability shall contain information advising the
person charged of the manner and the time in which he  may  contest  the
liability  alleged  in  the  notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to  contest
in  the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
  (d) The notice of liability shall be prepared and mailed by  the  port
authority or its duly authorized agent.
  5. If an owner receives a notice of liability pursuant to this section
for  any time period during which the vehicle was reported to the police
department as having been stolen, it shall be  a  valid  defense  to  an
allegation  of  liability  for  a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to  the
police  as  stolen  prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of  liability
pursuant  to  this  section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a  valid  defense  to  an  allegation  of  liability  for  a
violation  of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it  shall  be  sufficient  that  a
certified  copy  of  the  police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
  6. An owner, as defined in paragraph (a) of subdivision  one  of  this
section, who is a lessor of a vehicle to which a notice of liability was
issued  pursuant to subdivision four of this section shall not be liable
pursuant to this section for the violation of the toll collection  regu-
lations  of the port authority provided that he or she sends to the port
authority serving the notice of liability and  to  the  court  or  other
entity  having  jurisdiction  a  copy of the rental, lease or other such
contract document covering such vehicle on the date  of  the  violation,
with  the  name and address of the lessee clearly legible, within thirty
days after receiving from the port  authority  or  its  duly  authorized
agent the original notice of liability. Failure to send such information
within  such  thirty  day time period shall render the lessor liable for
the penalty prescribed by this section. Where the lessor  complies  with
the  provisions  of  this subdivision, the lessee of such vehicle on the
date of such violation shall be deemed to be the owner of  such  vehicle
for  purposes  of this section and shall be subject to liability for the
violation of toll collection regulations of the port authority  provided
that  the  port authority or its duly authorized agent mails a notice of
liability to the lessee within ten days after the court, or other entity
having jurisdiction, deems the lessee to be the owner. For  purposes  of
this  subdivision  the term "lessor" shall mean any person, corporation,

S. 6478--A                         116

firm, partnership, agency, association or organization  engaged  in  the
business  of  renting  or  leasing vehicles to any lessee under a rental
agreement, lease or otherwise wherein the said lessee has the  exclusive
use  of  said  vehicle  for any period of time. For the purposes of this
subdivision, the term "lessee" shall mean any person, corporation, firm,
partnership, agency, association or organization that rents,  leases  or
contracts  for  the  use  of  one or more vehicles and has exclusive use
thereof for any period of time.
  7. Except as provided in subdivision six of this section, if a  person
receives  a  notice  of liability pursuant to this section it shall be a
valid defense to an allegation of liability  for  a  violation  of  toll
collection  regulations  of  the  port authority that the individual who
received the notice of liability pursuant to this section  was  not  the
owner  of  the  vehicle at the time the violation occurred. If the owner
liable for a violation of the toll collection regulations  of  the  port
authority  pursuant  to this section was not the operator of the vehicle
at the time of the violation, the  owner  may  maintain  an  action  for
indemnification  against  the  operator. The operator of the vehicle may
apply to the court or other entity having jurisdiction to adjudicate the
liability imposed under this section to accept  responsibility  for  the
violation  and  satisfactorily  discharge all applicable tolls, charges,
and penalties related to the violation.
  8. "Electronic toll collection system" shall mean a system of collect-
ing tolls or charges which is capable of charging an account holder  the
appropriate  toll or charge by transmission of information from an elec-
tronic device on a motor vehicle to the toll lane, which information  is
used  to  charge the account the appropriate toll or charge. In adopting
procedures for the preparation and mailing of a notice of liability, the
port authority or its duly authorized agent shall  adopt  guidelines  to
ensure  adequate  and  timely  notice  to all electronic toll collection
system account holders to inform them when  their  accounts  are  delin-
quent.  An  owner  who  is  an  account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  9. Nothing in this section shall be construed to limit  the  liability
of  an  operator  of  a vehicle for any violation of the toll collection
regulations of the port authority. Nothing in this section shall author-
ize or preclude the port authority from excluding from any of its facil-
ities, in its sole discretion, any or all vehicles  found  liable  under
this section as well as other vehicles owned or operated by the owner or
operator of such vehicle.
  10.  Notwithstanding  any  other  provision  of  law, all photographs,
microphotographs, videotape or other recorded images  prepared  pursuant
to  this section shall be for the exclusive use of the port authority in
the discharge of its duties under this section and shall not be open  to
the  public nor be used in any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall  not  sell,  distribute  or  make
available  in  any  way,  the  names  and  addresses  of electronic toll
collection system account holders,  or  any  information  compiled  from
transactions  with  such  account holders, without such account holders'
consent to any entity that will use such information for any  commercial
purpose  provided  that the foregoing restriction shall not be deemed to

S. 6478--A                         117

preclude the exchange of such  information  between  any  entities  with
jurisdiction  over  and or operating a toll highway bridge and/or tunnel
facility.
  S  1616-c.    Adjudication of liability. Adjudication of the liability
imposed upon an owner by section sixteen hundred sixteen-a of this arti-
cle for a violation of the  toll  collection  regulations  of  the  port
authority  occurring  within  the territorial limits of the state of New
York shall be in accordance with sections two hundred  thirty-five,  two
hundred  thirty-six,  two hundred thirty-seven, two hundred thirty-nine,
two hundred forty, two hundred forty-one, five hundred ten and  eighteen
hundred  nine  of  the vehicle and traffic law, or by such entity having
jurisdiction over violations of the toll collection regulations  of  the
port  authority  occurring within the territorial limits of the state of
New York, provided that all violations shall be heard and determined  in
the  county  in  which  the violation is alleged to have occurred, or by
consent of both parties, in any county in the state of New York in which
the port authority operates or maintains a facility.    An  owner  found
liable  for  a violation of toll collection regulations pursuant to this
section shall for a first violation thereof be  liable  for  a  monetary
penalty  not to exceed fifty dollars or two times the toll evaded which-
ever is greater; for a second violation  thereof  both  within  eighteen
months  be  liable  for  a  monetary  penalty  not to exceed one hundred
dollars or five times the toll evaded whichever is greater; for a  third
or subsequent violation thereof all within eighteen months be liable for
a  monetary penalty not to exceed one hundred fifty dollars or ten times
the toll evaded whichever is greater.

                              ARTICLE XVII
  RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY
                        AIR AND MARINE TERMINALS

Section 1701. Definitions.
        1702. Vehicle operation.
        1703. Adherence to traffic signs and signals.
        1704. Requiring use of right side of roadway.
        1705. Authorization for operation.
        1706. Procedures in case of causing injury.
        1707. Prohibited items.
        1708. Parking.
        1709. Prosecution for violations.
        1710. Felony for transport of prohibited items.
        1711. Misdemeanor for certain violations.
        1712. Exclusion of vehicles in violations.
        1713. Reserve clause.
  S 1701. Definitions.  The following terms as used  herein  shall  have
the indicated meanings:
  "Air terminals" shall mean developments operated by the port authority
consisting  of  runways,  hangars, control towers, ramps, wharves, bulk-
heads, buildings, structures, parking areas, improvements, facilities or
other real property necessary, convenient or desirable for the  landing,
taking  off,  accommodation  and  servicing  of  aircraft  of all types,
including but not limited to airplanes, airships,  dirigibles,  helicop-
ters,  gliders,  amphibians,  seaplanes, or any other contrivance now or
hereafter used for the navigation of or flight in air or space, operated
by carriers engaged in the transportation of passengers or cargo, or for
the loading, unloading, interchange or transfer of  such  passengers  or

S. 6478--A                         118

their baggage, or such cargo, or otherwise for the accommodation, use or
convenience  of such passengers, or such carriers or their employees, or
for the landing, taking off, accommodation  and  servicing  of  aircraft
owned or operated by persons other than carriers.
  "Air terminal highway" shall mean and include those portions of an air
terminal designated and made available temporarily or permanently by the
port authority to the public for general or limited highway use.
  "Marine  terminals"  shall  mean  developments  operated  by  the port
authority consisting of one or more piers,  wharves,  docks,  bulkheads,
slips,  basins,  vehicular  roadways, railroad connections, side tracks,
sidings or other  buildings,  structures,  facilities  or  improvements,
necessary  or  convenient  to  the  accommodation of steamships or other
vessels and their cargoes or passengers.
  "Marine terminal highway" shall mean and include those portions  of  a
marine terminal designated and made available temporarily or permanently
by the port authority to the public for general or limited highway use.
  "Traffic" shall mean and include pedestrians, animals and vehicles.
  S  1702.  Vehicle operation.   No vehicle shall be operated on any air
terminal highway or marine terminal highway carelessly  or  negligently,
or  in  disregard  of  the  rights  or  safety of others, or without due
caution and circumspection, or at a speed or in a manner so as to endan-
ger unreasonably or to be likely to  endanger  unreasonably  persons  or
property, or while the operator thereof is under the influence of intox-
icating  liquors  or  any  narcotic or habit-forming drug, nor shall any
vehicle be operated thereon if it is so constructed, equipped or  loaded
as  to  endanger  unreasonably  or to be likely to endanger unreasonably
persons or property.
  S 1703. Adherence to traffic signs and signals.   All persons  on  any
air terminal highway or marine terminal highway must at all times comply
with  any  lawful  order,  signal  or  direction by voice or hand of any
member of the port authority police force. When traffic is controlled by
traffic lights, signs or  by  mechanical  or  electrical  signals,  such
lights, signs and signals shall be obeyed unless a port authority police
officer directs otherwise.
  S  1704.  Requiring  use  of right side of roadway.   Unless otherwise
directed, all vehicles on any air terminal highway  or  marine  terminal
highway  shall at all times stay to the right of the center of the road-
way, except in the case of one-way roadways; slow-moving vehicles  shall
remain  as close as possible to the right-hand edge or curb of the road-
way;  and where a roadway is marked with traffic  lanes  vehicles  shall
not cross markings.
  S  1705. Authorization for operation.  No person shall operate a motor
vehicle on an air terminal highway or marine terminal highway unless  he
is  duly authorized to operate such vehicle on state and municipal high-
ways in the state in which such air terminal highway or marine  terminal
highway  is  located,  or unless he is especially authorized by the port
authority to operate motor vehicles on  such  air  terminal  highway  or
marine terminal highway.  No motor vehicle shall be permitted on any air
terminal  highway  or marine terminal highway unless it is registered in
accordance with the provisions of the law of the state in which such air
terminal highway or marine terminal highway is located, or unless it  is
especially  authorized  by the port authority to be operated on such air
terminal highway or marine terminal highway.
  S 1706. Procedures in case of causing injury.   The  operator  of  any
vehicle  involved  in  an  accident on an air terminal highway or marine
terminal highway which results in injury  or  death  to  any  person  or

S. 6478--A                         119

damage  to any property shall immediately stop such vehicle at the scene
of the accident, render such assistance as may be needed, and  give  his
name,  address,  and  operator's  license and registration number to the
person injured or to any officer or witness of the injury.  The operator
of  such vehicle shall make a report of such accident in accordance with
the law of the state in which such accident occurred.
  S 1707. Prohibited items.  No person shall transport on any air termi-
nal highway or marine  terminal  highway  any  dynamite,  nitroglycerin,
black  powder,  fireworks,  blasting caps or other explosives, gasoline,
alcohol, ether, liquid shellac, kerosene,  turpentine,  formaldehyde  or
other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
rate,  wet  hemp,  powdered  metallic  magnesium,  nitro-cellulose film,
peroxides or other readily inflammable solids  or  oxidizing  materials,
hydrochloric  acid,  sulfuric  acid  or other corrosive liquids, prussic
acid, phosgene, arsenic, carbolic acid,  potassium  cyanide,  tear  gas,
lewisite,  or  any  other poisonous substances, liquids or gases, or any
compressed gas, or any radioactive article, substance  or  material,  at
such  time or place or in such manner or condition as to endanger unrea-
sonably or as to be likely to endanger unreasonably persons or property;
nor shall any person park any vehicle, or  permit  the  same  to  remain
halted on any air terminal highway or marine terminal highway containing
any  of the foregoing, at such time or place or in such manner or condi-
tion as to endanger unreasonably or as to be likely to  endanger  unrea-
sonably persons or property.
  S 1708. Parking.  No person shall park a vehicle or permit the same to
remain  halted  on  any  air terminal highway or marine terminal highway
except at such places and for such periods of time as may be  prescribed
or permitted by the port authority.
  S 1709. Prosecution for violations.  If the violation within the state
of  any  of  the  rules and regulations set forth in section one hereof,
would have been a felony, misdemeanor or  other  punishable  offense  if
committed on any public road, street, highway or turnpike in the munici-
pality  in which such violation occurred, it shall be tried and punished
in the same manner as if it had been  committed  on  such  public  road,
street, highway or turnpike.
  S 1710. Felony for transport of prohibited items.  Notwithstanding the
provisions  of  section  seventeen  hundred  two of this article, if the
violation within the state of the rule and regulation numbered seven and
set forth in section one hereof shall result in injury  or  death  to  a
person  or  persons or damage to property in excess of the value of five
thousand dollars, such violation shall constitute a felony.
  S 1711. Misdemeanor for certain violations.   Except  as  provided  in
sections  seventeen  hundred  two  and seventeen hundred three   of this
article, any violation within the state of any of the  rules  and  regu-
lations  set forth in section one hereof, shall constitute a misdemeanor
and shall be punishable as an offense triable in a magistrate's court by
a fine not exceeding five hundred dollars or by imprisonment not exceed-
ing sixty days or by both such fine and imprisonment.
  S 1712. Exclusion of vehicles in  violations.    The  penalties  above
prescribed shall not preclude the port authority from excluding from any
air  terminal  highway  or marine terminal highway, permanently or for a
specified time, all vehicles violating any of the rules and  regulations
set  forth  in  section  one  hereof, as well as other vehicles owned or
operated by the owner or operator of such vehicle.
  S 1713. Reserve clause.  Nothing herein contained shall  be  construed
to  affect, diminish or impair the power of this state to enact any law,

S. 6478--A                         120

or to impair or diminish, or as recognition of the impairment or diminu-
tion of any power of this state, legislative or otherwise, with  respect
to the port authority, its properties, or persons or property thereon.

                              ARTICLE XVIII
                     NEW YORK - NEW JERSEY AGREEMENT

Section 1801. Enforcement authority.
        1802. Guidelines for interpretation.
  S  1801.  Enforcement authority.  Upon the concurrence of the state of
New Jersey, the states of New York and New Jersey agree that each state,
in the discretion of its legislature, and  without  further  consent  or
concurrence  by the other state, may from time to time prescribe, amend,
modify or rescind penalties for violations within its territorial limits
of any rule or regulation, otherwise authorized, of the port of New York
authority (hereinafter called the "port authority"), and procedures  for
the enforcement of such penalties.
  S 1802. Guidelines for interpretation.  This section and section eigh-
teen  hundred  one of this article, together with corresponding sections
of the act of the state of New Jersey concurring herein shall constitute
an agreement between the states of New York and New Jersey  supplemental
to  the  compact  between the two states dated April thirtieth, nineteen
hundred twenty-one, and shall be liberally construed to  effectuate  the
purposes of said compact and of the agreements of the two states amenda-
tory  thereof  and  supplemental thereto, and not in limitation of or in
derogation of any powers heretofore or  hereinafter  conferred  upon  or
delegated  to  the  port authority, and not as granting any power to the
port authority  to  make  rules  and  regulations  except  as  elsewhere
provided  in  said compact and agreements, and shall not be construed to
affect, diminish or impair the  power  of  either  state  to  prescribe,
amend,  modify  or rescind such penalties, or to enact any other law, or
to imply that the concurrence of the other state therein  is  necessary,
or was necessary prior to the enactment of this article, or to impair or
diminish, or as recognition of the impairment or diminution of any power
of  either  state,  legislative  or  otherwise, with respect to the port
authority, its properties, or persons or property thereon, or to  affect
the  interpretation  of the aforesaid compact and agreements between the
two states.

                               ARTICLE XIX
                    SMOKING REGULATION FOR TERMINALS
Section 1901. Smoking prohibition.
        1902. Penalties.

  S 1901. Smoking prohibition.  No person shall smoke, carry, or possess
a lighted cigarette, cigar, pipe,  match  or  other  lighted  instrument
capable  of  causing  naked  flame  in  or  about  any area, building or
appurtenance of an air terminal, owned or operated by the port  authori-
ty,  or  in  or  upon  any area, bulkhead, dock, pier, wharf, warehouse,
building, structure or shed of a marine terminal, owned or  operated  by
the  port  authority,  where  smoking  has  been  prohibited by the port
authority and where appropriate signs to that effect have  been  posted,
or  on the open deck of any ship, lighter, carfloat, scow or other simi-
lar floating craft or equipment when berthed or  moored  at  such  dock,
wharf, pier or to a vessel made fast thereto.

S. 6478--A                         121

  S 1902. Penalties.  Any violation of the rule and regulation set forth
in  section  one  thousand  nine  hundred  one  of this article shall be
punishable as an offense triable in a magistrate's court,  for  a  first
offense,  by  a  fine of not more than fifty dollars or imprisonment for
not  more  than thirty days or both;  for a second offense, by a fine of
not less than twenty-five dollars nor more than one hundred  dollars  or
imprisonment  for  not more than sixty days or both;  for a third or any
other subsequent offense, by a fine of not less than fifty  dollars  nor
more than two hundred dollars or by imprisonment for not more than sixty
days or both.

                               ARTICLE XX
                 SUITS ON LEASE AT INTERNATIONAL AIRPORT
Section 2001. Suits on lease at International Airport.
        2002. Effect.
        2003. Venue.
        2004. Consent.
        2005. Agreement.

  S 2001. Suits on lease at International Airport.  Upon the concurrence
of  the  state  of  New  Jersey,  the  states of New York and New Jersey
consent to suits,  actions  or  proceedings  (including  proceedings  to
enforce  arbitration  agreements  and  to  enter  judgments  upon awards
resulting therefrom) of any form or nature, at law, in equity or  other-
wise  by  any person or corporation engaged in the business of scheduled
transportation by aircraft, against the port authority, and  to  appeals
therefrom  and reviews thereof, upon or for the enforcement of any writ-
ten contract for the use or occupancy of space, premises  or  facilities
at  New York International Airport, in the county of Queens, city of New
York, state of New York, executed on or after  January  first,  nineteen
hundred  fifty-three  between  the port authority and any such person or
corporation, or by any such person or corporation  so  contracting  with
the  port  authority upon any cause of action arising out of such use or
occupancy pursuant to any such written contract.
  S 2002. Effect.  The consent pursuant to section two thousand  one  of
this  article  is  granted  upon the condition that in suits, actions or
proceedings thereunder for judgments, orders or decrees  restraining  or
enjoining  the  port  authority  from committing or continuing to commit
breaches of such written contract, no such  judgment,  order  or  decree
shall  be entered except upon at least two days' prior written notice to
the port authority of the proposed entry thereof;  and  upon  an  appeal
taken  by  the  port  authority from such judgment, order or decree, the
service of the notice of appeal shall perfect  the  appeal,  without  an
undertaking or other security.
  S  2003.  Venue.   The venue in any suit, action or proceeding against
the port authority to which consent is given by this act shall  be  laid
within  a  county or a judicial district, established by one of said two
states or by the United States and situated wholly or  partially  within
the  port of New York district. The port authority shall be deemed to be
a resident of each such county or judicial district for the  purpose  of
such  suits,  actions or proceedings and shall be deemed to be a citizen
of both of said two states.
  S 2004. Consent.  Nothing herein contained shall be deemed to  revoke,
rescind  or affect any consents to suits, actions or proceedings against
the port authority heretofore given by the two said states or the  terms
and conditions upon which such consents are given.

S. 6478--A                         122

  S 2005. Agreement.  This act together with the act of the state of New
Jersey  concurring  herein,  shall  constitute  an agreement between the
states of New York and New Jersey supplementary to and amendatory of the
compact between the two said  states  dated  April  thirtieth,  nineteen
hundred twenty-one.

                               ARTICLE XXI
                             NARROWS BRIDGE

Section 2101. Determination to build bridge.
        2102. Authorization for construction.
        2103. Definitions.
        2104. Authorization for agreement with the Triborough Authority.
        2105. Funding.
        2106. Bi-state covenant.
        2107. Security bonds.
        2108. Authorization to acquire real property.
        2109. Prior consent required.
        2110. Authorization of agents to enter property.
        2111. Essential government function.
        2112. Tax exemption on acquired property.
        2113. Governmental nature.
        2114. Agreement.
  S  2101.  Determination  to build bridge.  Upon the concurrence of the
state of New Jersey, the states of New York and New Jersey find,  deter-
mine  and  agree  that  a  bridge between Staten Island and Long Island,
constituting a part of the highway system of the port district,  created
by  their  compact  of  April  thirty, nineteen hundred twenty-one, will
facilitate the flow of traffic between the two  states,  will  alleviate
congestion  in  the  vehicular  crossings  of  the Hudson river and will
promote the movement of commerce between the two states by  providing  a
direct connection between the state of New Jersey and Long Island in the
state  of  New York by way of Staten Island and that it is therefore the
policy of the two said states to provide such bridge.
  S 2102. Authorization for construction. In furtherance of  the  afore-
said policy, and in partial effectuation of the comprehensive plan here-
tofore  adopted  by  the two said states for the development of the said
port district, the Port of New York Authority is hereby  authorized  and
empowered  to construct, own, maintain and operate a bridge (hereinafter
called the Narrows bridge) over the Narrows of New York bay, and, in its
discretion (and so long as it shall retain title to such  bridge),  such
additions  and  improvements  thereto  and  such  approaches thereto and
connections with highways and with the bridges between  New  Jersey  and
Staten  Island  as  the  Port Authority may deem necessary or desirable.
The Port Authority may effectuate such approaches or connections, in its
discretion, by agreement with any other public agency,  which  agreement
may provide for the construction, ownership, maintenance or operation of
such approaches or connections by such other public agency.
  The  Port Authority shall not commence the construction of the Narrows
bridge until after the  execution  of  an  agreement  between  the  Port
Authority  and  the  Triborough Bridge and Tunnel Authority (hereinafter
called the Triborough Authority) pursuant to section twenty-one  hundred
four of this article.
  S  2103.  Definitions.    The  following terms as used in this article
shall mean:

S. 6478--A                         123

  "Bonds" shall mean bonds, notes, securities or  other  obligations  or
evidences of indebtedness.
  "General  reserve fund statutes" shall mean chapter forty-eight of the
laws of New York of nineteen hundred thirty-one, as amended and  contin-
ued  by  article VI of this chapter, and chapter five of the laws of New
Jersey of nineteen hundred thirty-one, as amended, and "general  reserve
fund"  shall mean the general reserve fund of the Port Authority author-
ized by said statutes.
  "Narrows bridge" shall mean not only the bridge itself  but  also  its
approaches, connections, additions and improvements.
  "Narrows  bridge  bonds" shall mean bonds issued by the Port Authority
to provide funds for Narrows bridge purposes or bonds secured  in  whole
or  in  part  by a pledge of the revenues of the Port Authority from the
Narrows bridge or bonds so issued and secured.
  "Narrows bridge purposes" shall mean the effectuation,  establishment,
construction,  rehabilitation,  improvement, maintenance or operation of
the Narrows bridge and purposes incidental thereto.
  "Real property" shall mean lands, structures, franchises and interests
in land, waters, lands under water and riparian rights, and any and  all
things  and  rights included within the said term, and includes not only
fees simple absolute but also any and all  lesser  interests,  including
but  not limited to easements, rights-of-way, uses, leases, licenses and
all other incorporeal hereditaments and every estate, interest or right,
legal or equitable, including terms for years and liens thereon  by  way
of judgments, mortgages or otherwise.
  S  2104.  Authorization  for  agreement with the Triborough Authority.
(a) The Port Authority is authorized and  empowered  to  enter  into  an
agreement  with the Triborough Authority (and from time to time to enter
into agreements amending the same) for the design, location,  financing,
construction,  maintenance  and  operation of the Narrows bridge and any
other matters of like or different character with respect to the Narrows
bridge, and by which the Port Authority  may  grant,  convey,  lease  or
otherwise  transfer  to  the  Triborough Authority or to the city of New
York for the use and occupancy of the Triborough  Authority  any  right,
title or interest of the Port Authority in the Narrows bridge and in any
part  or parts thereof, upon such terms as may be determined by the Port
Authority and the Triborough Authority, including  but  not  limited  to
agreement as to the method of fixing the tolls, rents, charges and other
fees and the rules for the regulation of the use of the bridge.
  (b)  So  long  as the Port Authority shall retain title to the Narrows
bridge, it shall, so far as it deems it practicable, treat as  a  single
unified operation the effectuation of the Narrows bridge, the interstate
bridges  and  tunnels  now  operated by the Port Authority and any other
bridges or tunnels which it may construct or operate, raising moneys for
the construction thereof and for the making of  additions  and  improve-
ments  thereto in whole or in part upon its own obligations, and, except
as provided in such agreement or any amendment thereof, establishing and
levying such tolls, rents, charges and other fees as it may deem  neces-
sary  to secure from all of such bridges and tunnels as a group at least
sufficient revenue to meet the expenses  of  the  effectuation  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 which it may have issued in connection therewith.
Except  as provided in such agreement or any amendment thereof, no other
agency or commission of either state shall have  jurisdiction  over  the
Narrows bridge so long as the Port Authority shall retain title thereto,

S. 6478--A                         124

and, except as so provided, all details of the design, location, financ-
ing,  construction,  leasing,  tolls,  rents,  charges  and  other fees,
contracts, maintenance and operation of and rules for the regulation  of
the use of the Narrows bridge so long as the Port Authority shall retain
title  thereto  shall  be within its sole discretion and its decision in
connection with any and all matters  concerning  such  bridge  shall  be
controlling and conclusive.
  (c)  The  states  of  New York and New Jersey hereby consent to suits,
actions or proceedings against the Port Authority  upon,  in  connection
with  or  arising out of such agreement or any amendment thereof, by the
Triborough Authority, or by the city of New York if and  to  the  extent
that  such agreement or any amendment thereof shall create rights in the
city of New York, as follows:
  (1) For judgments, orders or decrees restraining or enjoining the Port
Authority from transferring title to real property to other  persons  in
cases where it has agreed with the Triborough Authority to transfer such
title to the Triborough Authority or to the city of New York for the use
and occupancy of the Triborough Authority, and
  (2) For judgments, orders or decrees restraining or enjoining the Port
Authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or  decree  shall  not  be  entered  except upon two days' prior written
notice to the Port Authority of the proposed entry thereof and  provided
further, that upon an appeal taken by the Port Authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consents to suits, actions or proceedings against the Port Authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XV of this chapter and chapter two hundred  four  of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  S  2105. Funding.   The moneys in the general reserve fund of the Port
Authority 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 Narrows bridge bonds issued  by  it  from
time  to time 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.
  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 general reserve fund statutes), the
revenues of the Port Authority from facilities established, 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 Narrows
bridge bonds, and said revenues 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 such bonds.
  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 general reserve fund statutes,
issued  by the Port Authority and currently outstanding at such time, by

S. 6478--A                         125

reason of the retirement of Narrows bridge bonds the par value of  which
had theretofore been 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 general reserve fund statutes
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  2106.  Bi-state  covenant.   The two states covenant and agree with
each other and with the holders of Narrows bridge bonds as security  for
which  there may or shall be pledged (directly or indirectly, or through
the medium of its general reserve fund or otherwise)  the  revenues,  or
any  part  thereof, of the Narrows bridge or any other facility owned or
operated by the Port Authority, that the two states will not, so long as
any of such bonds remain outstanding and unpaid, diminish or impair  the
power of the Port Authority to establish, levy and collect tolls, rents,
charges  or other fees in connection with the Narrows bridge (so long as
the Port Authority shall retain title to such bridge) or any such  other
facility;  and that the two said states will not, so long as any of such
bonds  remain  outstanding  and unpaid and so long as the Port Authority
shall retain title to the Narrows bridge, authorize the construction  of
any  other  vehicular  bridges or tunnels (other than bridges or tunnels
exclusively for railway rapid transit purposes)  between  Staten  Island
and Long Island by any person or body other than the Port Authority.
  S  2107. Security bonds.  Narrows bridge bonds are hereby made securi-
ties in which all state  and  municipal  officers  and  bodies  of  both
states, all banks, bankers, trust companies, savings banks, building and
loan  associations,  savings and loan associations, investment companies
and other persons carrying on a banking business, all  insurance  compa-
nies,  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 by either state  to  invest  in  bonds  of  such
state,  may  properly  and  legally invest any funds, including capital,
belonging to them or within their control;   and said bonds  are  hereby
made  securities  which  may  properly and legally be deposited with and
shall be received by any state or municipal officer or agency of  either
state  for  any  purpose for which the deposit of bonds of such state is
now or may hereafter be authorized.
  S 2108. Authorization to acquire real property.  If the Port Authority
shall find it necessary or convenient to acquire any real  property  for
Narrows  bridge  purposes  (including  temporary construction, rehabili-
tation or improvement), 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  determination the said property shall be and shall be deemed
to be required for such public use until  otherwise  determined  by  the
Port Authority, and such determination shall not be affected by the fact
that such property has theretofore been taken for and is then devoted to
a public use; but the public use in the hands of 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.    If  the  Port
Authority shall find it necessary or convenient hereunder to acquire any
real  property which is then devoted to a public use, the Port Authority
shall have power to exchange or substitute any other real  property  for
such  real  property  upon terms agreed to by the Port Authority and the
owner of such property then devoted to a public use,  and  to  find  and
determine  that  such  other real property is also required for a public

S. 6478--A                         126

use; upon such determination the said other property shall be and  shall
be deemed to be required for such public use.
  The Port Authority may acquire and is hereby authorized to acquire any
real  property  in the state of New York required for a public use under
the preceding paragraph, whether a  fee  simple  absolute  or  a  lesser
estate,  by the exercise of the right of eminent domain under and pursu-
ant to the eminent domain procedure law of the state of New York, or  at
the  option  of  the  Port Authority pursuant to any other and alternate
procedure provided by law by such state.  Nothing herein contained shall
be construed to prevent the Port Authority from bringing any proceedings
in either state 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 in either state by negotiation or purchase.
  Where a person entitled to an award  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  subse-
quent  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.
  S 2109. Prior consent  required.  Anything  in  this  article  to  the
contrary notwithstanding, no property now or hereafter vested in or held
by the city of New York shall be taken by the Port Authority without the
authority  or  consent  of the city as provided in said compact of April
thirty, nineteen hundred twenty-one. The Port Authority is  also  hereby
authorized  and  empowered to acquire from said city by agreement there-
with, and the city, notwithstanding any contrary provision  of  law,  is
hereby  authorized  and  empowered  to  grant and convey upon reasonable
terms and conditions any real property which the  Port  Authority  shall
find  to  be  necessary for Narrows bridge purposes, including such real
property as has already been devoted to a public use.  The state of  New
York  hereby  consents to the use and occupation of the real property of
such state which the Port Authority  shall  find  to  be  necessary  for
Narrows bridge purposes, including lands of the state lying under water,
and the department, board or division or other agency of the state exer-
cising  supervision  of such property shall execute such documents as it
may deem necessary to evidence the right to such use and occupation.
  S 2110. Authorization of agents to enter property.  The Port Authority
and its duly authorized agents, and all persons acting under its author-
ity and by its direction, may enter in the daytime  into  and  upon  any
real  property  which it shall be necessary so to enter, for the purpose
of making such surveys, diagrams, maps or plans, or for the  purpose  of
making  such  soundings or borings as the Port Authority may deem neces-
sary or convenient for the purposes of this article and  the  concurrent
act of the state of New Jersey.
  S  2111. Essential government function.  The construction, maintenance
and operation of the Narrows bridge 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 shall  be  deemed  to  be  public
purposes;    and  the  Port Authority shall be regarded as performing an
essential governmental function in undertaking the construction, mainte-
nance and operation thereof and in carrying out the  provisions  of  law
relating thereto.

S. 6478--A                         127

  S  2112.  Tax exemption on acquired property.  No taxes or assessments
shall be levied or collected upon any  property  acquired  or  used  for
Narrows bridge purposes.
  S  2113. Governmental nature. Any declarations contained herein and in
the concurrent act of the state  of  New  Jersey  with  respect  to  the
governmental  nature and public purpose of the Narrows bridge and to the
exemption of Narrows bridge property from taxation and to the discretion
of the Port Authority with respect to the operation thereof shall not be
construed to imply that other Port Authority property and operations are
not of a governmental nature or do not constitute  public  purposes,  or
that  they  are  subject  to taxation, or that the determinations of the
Port Authority with respect thereto are  not  conclusive.    The  powers
vested  in  the  Port  Authority herein and in the concurrent act of the
state of New Jersey (including but not limited to the powers to  acquire
real  property  by  condemnation  and  to  make or effectuate additions,
improvements, approaches and connections) shall, except as herein other-
wise expressly stated, be continuing  powers  and  no  exercise  thereof
shall be deemed to exhaust them or any of them.
  The provisions of chapter forty-seven of the laws of New York of nine-
teen  hundred  thirty-one as continued by article II of this chapter and
chapter four of the laws of New Jersey of  nineteen  hundred  thirty-one
shall not apply to the Narrows bridge.
  S  2114.  Agreement.  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 the
powers vested in the Port Authority hereby shall be construed to  be  in
aid  of and supplemental to and not in limitation of or in derogation of
any of the powers heretofore conferred upon or  delegated  to  the  Port
Authority.

                              ARTICLE XXII
                     NEW JERSEY TURNPIKE CONNECTIONS

Section 2201. Definitions.
        2202. Authorization for agreement with New Jersey agencies.
        2203. Securities.
  S 2201. Definitions. As used in this article:
  1. "Port authority" shall mean the Port of New York Authority;
  2. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness;
  3.  "Newark  bay-Hudson  county  extension"  shall  mean  the turnpike
project of the New  Jersey  Turnpike  Authority  extending  between  the
vicinity of Port street and Newark airport in the city of Newark and the
vicinity  of the Holland tunnel in Hudson county, authorized by subdivi-
sion (c) of section one of chapter forty-one of the laws of  New  Jersey
of  one  thousand  nine  hundred  forty-nine,  as amended by chapter two
hundred eighty-six of the laws  of  New  Jersey  of  one  thousand  nine
hundred fifty-one;
  4.  "Newark  bay-Hudson  county  extension terminal connections" shall
mean the connections to the Newark bay-Hudson county  extension  at  the
following  locations:   (a) at or in the vicinity of the westerly end of
the Newark bay-Hudson county extension  to  interconnect  United  States
Highway  route  1,  the  turnpike  toll  plaza,  Port  street and Newark

S. 6478--A                         128

airport, and (b) at or in the vicinity of the Holland tunnel  plaza  and
thence  northerly  in  Hudson  county  to  a point at grade at or in the
vicinity of Paterson avenue in the city of Hoboken.
  S  2202.  Authorization  for  agreement with New Jersey agencies.  The
port authority is hereby authorized and empowered, in its discretion, to
enter into an agreement or agreements upon such terms and conditions  as
it may deem in the public interest, with the New Jersey Turnpike Author-
ity,  or  the  New Jersey state highway department, or both, whereby the
port authority may undertake to pay to such other party  or  parties  to
such  agreement  or  agreements  such portion or portions of the cost of
constructing either or both of said Newark bay-Hudson  county  extension
terminal connections as the port authority shall determine to be propor-
tionate  to  the  benefit  to  facilities  owned or operated by the port
authority from such connections, whether or not such  connections  shall
constitute approaches or connections to such port authority facilities.
  S 2203. Securities. The bonds which may be issued by the port authori-
ty  to  provide  funds  to  make  all  or  any portion of the payment or
payments required by an agreement or agreements  authorized  by  section
twenty-two hundred two of this article and for purposes incidental ther-
eto are hereby made securities in which all state and municipal officers
and  bodies of New Jersey and New York, all banks, bankers, trust compa-
nies, savings banks, building and loan  associations,  saving  and  loan
associations, investment companies and other persons carrying on a bank-
ing  business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all administrators, exec-
utors, guardians, trustees and other fiduciaries and all  other  persons
whatsoever are now or may hereafter be authorized by either the state of
New  Jersey  or  the state of New York to invest in bonds or other obli-
gations of such state, may properly and legally invest any funds includ-
ing capital belonging to them or within their control;   and said  bonds
are  hereby  made securities which may properly and legally be deposited
with and shall be received by any state or municipal officer  or  agency
of  either  the  state  of  New  Jersey or the state of New York for any
purpose for which the deposit of bonds  or  other  obligations  of  such
state is now or may hereafter be authorized.

                              ARTICLE XXIII
                         COMMUTER RAILROAD CARS

Section 2301. Commuter railroad cars.
  S  2301.  Commuter railroad cars. 1. Upon the concurrence of the state
of New Jersey, the states of New York and New  Jersey  agree  that  each
such  state  may  elect  by  appropriate  legislation to provide for the
purchase and rental by the port of New York authority of  railroad  cars
for passenger transportation in accordance with this article.
  2. For the purpose of this article:
  (a) "Port authority" shall mean the port of New York authority.
  (b)  "Commuter  railroad  of  an electing state" shall mean a railroad
transporting passengers between municipalities in  the  portion  of  the
port  of New York district within such state, the majority of the track-
age of which within the port of  New  York  district  utilized  for  the
transportation of passengers shall be in such state.
  (c)  "Railroad  cars"  shall  mean  railroad passenger cars, including
self-propelled cars, and locomotives and other  rolling  stock  used  in
passenger transportation.

S. 6478--A                         129

  3.  (a)  Upon  the election by either state as provided in subdivision
one of  this  section,  the  port  authority  shall  be  authorized  and
empowered to:
  (i)  purchase and own railroad cars for the purpose of leasing them to
any commuter railroad of such state;  provided, however, that  no  rail-
road  cars  shall be so purchased except with advances received or money
borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor
shall the port authority incur expenses in connection with such purchase
and ownership except out of such  advances  or  borrowed  money  or  the
rentals received from such leasing;
  (ii)  receive  and  accept  advances from such state for such purchase
upon such terms and conditions as such state may specify;
  (iii) borrow money from any source for such purchase or for the repay-
ment of such advances or money borrowed, subject to  the  provisions  of
paragraph (b) of this subdivision;
  (iv)  secure  the repayment of principal of and interest upon any such
borrowed money by and only by a lien upon such railroad cars,  a  pledge
of the rentals therefrom and the liability of the electing state for the
repayment of such principal and interest;
  (v)  lease  such  railroad cars directly or indirectly to any commuter
railroad of such state upon  such  terms  and  conditions  as  the  port
authority  shall  deem in the public interest, including postponement of
receipt of rentals by the port authority in the interest  of  increasing
and  improving  the service rendered to the commuting public;  provided,
however, that no such lease shall become effective  until  it  has  been
approved  in  writing by the officer of the electing state designated by
appropriate legislation;  and
  (vi) sell or otherwise dispose of such cars upon such terms and condi-
tions and to such persons as the port authority shall deem in the public
interest, except as may be otherwise directed by such electing state.
  (b) The port authority shall not borrow money pursuant to subparagraph
(iii) of paragraph (a) of this subdivision unless and until the electing
state shall have duly amended its constitution, if necessary, making  or
authorizing  making  the  state liable for the repayment of the money so
borrowed and interest thereon or for the fulfillment of the rental obli-
gations to the port authority, or both;   and the port  authority  shall
not  borrow  any such money unless and until the electing state shall be
made liable for the repayment of any such money.
  4. The purchase and ownership by the port authority of  railroad  cars
and  the  rental thereof to commuter railroads of the states of New York
or New Jersey are and will be in all respects for  the  benefit  of  the
people  of  the  said  two states for the increase of their commerce and
prosperity and for the improvement of their health,  safety  and  living
conditions  and  shall  be  deemed  to  be public purposes; and the port
authority shall be regarded  as  performing  an  essential  governmental
function  in  undertaking  such  purchase,  ownership  and rental and in
carrying out the provisions of law relating thereto.
  5. The bonds or other evidences of indebtedness which may be issued by
the port authority pursuant to this article are hereby  made  securities
in  which  all state and municipal officers and bodies, all banks, bank-
ers, 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 carry-
ing on an insurance business, and all administrators, executors, guardi-
ans, trustees and other fiduciaries and all other persons whatsoever who
are now or may hereafter be authorized to invest in bonds or other obli-

S. 6478--A                         130

gations of the electing state,  may  properly  and  legally  invest  any
funds,  including  capital,  belonging  to them or within their control;
and said bonds or other evidences of indebtedness are hereby made  secu-
rities  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 evidences  of  indebtedness  of  the
electing  state  is  now  or may hereafter be authorized.  Such bonds or
other evidences of indebtedness shall constitute negotiable instruments.
  Notwithstanding the provisions of this or any  other  legislation  the
rentals  received by the port authority from the leasing of any railroad
cars under this article shall not be pooled or applied to the establish-
ment or maintenance of any reserve fund of the port authority pledged as
security for any bonds or other evidences  of  indebtedness  other  than
those  issued pursuant to this article, and the bonds or other evidences
of indebtedness issued pursuant to this article shall not be included in
measuring the principal amount of bonds or other  evidences  of  indebt-
edness upon which the amount of any such reserve fund is calculated.
  6. No taxes or assessments shall be levied or collected upon any rail-
road  cars  owned by the port authority pursuant to this article or upon
any leasehold interest therein.
  7. (a) The state of New York hereby elects pursuant to subdivision one
of this section to provide for the  purchase  and  rental  by  the  port
authority  of railroad cars on the commuter railroads of this state. The
commissioner of the department of transportation is hereby designated as
the officer of this state for the approval of leases pursuant to subpar-
agraph (v) of paragraph (a) of subdivision three of this section.
  (b) In the event that this state  shall  make  advances  to  the  port
authority for the purchase and rental of railroad cars, the port author-
ity  shall  repay  any such advances, pursuant to an appropriate written
agreement with the director of the budget  entered  into  prior  to  the
requisitioning  of such advances, out of money borrowed for such purpose
under subparagraph (iii) of paragraph (a) of subdivision three  of  this
section.  Except as so repaid, such advances shall be repaid annually by
the port authority to the extent and only to the extent  that  the  port
authority  shall have received rentals, directly or indirectly, from all
the commuter railroads of this state to which railroad  cars  have  been
leased  under  this  article in excess of the components of such rentals
which represent the port authority's administrative, legal and financial
expenses in connection with the purchase, ownership and lease.
  (c) In the event that railroad cars purchased by  the  port  authority
are  sold  upon  the  default  of any lessee thereof, the port authority
shall deduct from the proceeds of such sale its  unpaid  administrative,
legal  and financial expenses in connection with such lease and sale and
an amount equal to the  unpaid  principal  and  interest  and  mandatory
redemption  premiums,  whenever  payable,  upon its outstanding bonds or
other evidences of indebtedness, the proceeds of the issuance  of  which
shall  have  been  applied to the purchase of the railroad cars sold and
shall pay the balance to this state, but the port authority  shall  have
full  authority to agree with any other creditors of such lessee, either
in advance of or after default, as to the order of payment to  the  port
authority  and  such  other  creditors, either out of the assets of such
lessee available for such creditors, including the  port  authority,  or
out  of  the  proceeds  of  the joint sale of various properties of such
creditors theretofore used by such lessee, including such railroad  cars
of the port authority.

S. 6478--A                         131

  (d) Except as provided in paragraph (c) of this subdivision, any rail-
road cars purchased by the port authority with the proceeds of the issu-
ance  by the port authority of any series of bonds or other evidences of
indebtedness shall become the property of this  state  after  the  final
payment  of  all  the  bonds  or other evidences of indebtedness of such
series, and thereafter shall be held by the port  authority  subject  to
the  disposition  of  this state, and any railroad cars purchased by the
port authority with any advances from this state shall become the  prop-
erty of this state upon the repayment of all such advances solely out of
rentals  in  excess  of  the  port authority's administrative, legal and
financial expenses in connection therewith;  or if the proceeds of  port
authority  bonds  or other evidences of indebtedness of any series shall
have been applied to repay all or any portion  of  such  advances,  then
such cars shall become the property of this state upon the final payment
of  all  such  bonds  or  other  evidences  of such indebtedness of such
series.
  (e)(i) To the extent authorized by the constitution at the time of the
issuance of bonds or notes of the port authority for any of the purposes
of this article, the punctual payment of such bonds and notes shall  be,
and  the  same  hereby  is,  fully and unconditionally guaranteed by the
state of New York, both as to principal and interest, according to their
terms;  and such guaranty shall be expressed upon the  face  thereof  by
the  signature  or  facsimile  signature  of the comptroller or a deputy
comptroller of the state of New York.  If the port authority shall  fail
to  pay,  when  due,  the  principal of, or interest upon, such bonds or
notes, such comptroller shall pay the holder thereof.  In furtherance of
such guaranty of punctual payment, if  the  comptroller  of  this  state
shall  receive  written  notice  from  the trustee or other fiduciary or
other duly authorized representative of the holder or  holders  of  such
bonds  and  notes designated in any agreement between the port authority
and such holder or holders that the port authority has failed to make or
deposit any payment of interest or principal required by such  agreement
to  or with such trustee or fiduciary or otherwise at or before the time
specified in such agreement, then such comptroller  shall  within  three
days  of  the receipt of such notice pay to such trustee or fiduciary or
other duly authorized representative the amount necessary  to  meet  any
deficiency in the payment of such interest and principal, when due.
  If  the  comptroller shall make a payment or payments pursuant to this
subparagraph, the state shall be subrogated to the rights of  the  bond-
holders  or  noteholders to whom, or on account of whom, such payment or
payments were made, in and to the revenues pledged to such holders;  and
for such purpose, to the extent any such revenues in the  hands  of  the
port  authority may be inadequate to repay such payment or payments made
by the state, the state shall be further subrogated to the rights of the
port authority to recover any rentals due and unpaid to the port author-
ity as of the date of such payment or payments and pledged to such hold-
ers as aforesaid.
  (ii) Such bonds and notes shall be sold by the port authority in  such
manner  and at such time as the port authority, with the approval of the
comptroller, shall determine.  The proceeds of each  sale  of  bonds  or
notes  shall  be  applied  to  the  purpose or purposes set forth in the
resolution of the port authority authorizing the issuance of such  bonds
or  notes.    If,  after having accomplished the purpose or purposes set
forth in such resolution there remains any unexpended balance (including
interest earned by the port authority on such proceeds), such unexpended
balance shall be applied by the port authority, to the extent  practica-

S. 6478--A                         132

ble,  to  the  purchase  for retirement or to the redemption of bonds or
notes included in such sale, or otherwise  as  the  port  authority  may
determine  for  the  purposes of this article.  If any commuter car, the
acquisition  of which is financed or refinanced by the issuance of bonds
or notes under this article, be lost, damaged or destroyed, the proceeds
of any insurance policies covering such loss, damage or  destruction  or
any  payments  made  to  the port authority by the lessee of such car on
account of such loss, damage or destruction shall be applied by the port
authority, to the extent practicable, to the purchase for retirement  or
to  the redemption of bonds or notes of such series, or otherwise as the
port authority may determine for the purposes of this article.
  (iii) The port authority is designated as the agent of  the  state  of
New  York  for the purpose of selling, leasing or otherwise disposing of
any railroad cars which shall become the property of the state  pursuant
to  paragraph (d) of this subdivision.  As such agent the port authority
may agree, upon such terms and conditions as may be  deemed  appropriate
by it, with any lessee of railroad cars or with any other person, either
in advance of or after the time when such cars shall become the property
of  the  state, so to sell, lease or otherwise dispose of such cars.  In
the event any such cars are so sold, leased or otherwise disposed of  by
the  port  authority, the port authority shall pay over to the state, as
promptly after receipt  as  may  be  practicable,  any  balance  of  the
proceeds  thereof,  which remain after deduction of the port authority's
administrative, legal and financial expenses in connection with or aris-
ing out of such sale, lease or other disposition.

                              ARTICLE XXIV
                           WORLD TRADE CENTER

Section 2401. World trade center.
  S 2401. World trade center. 1. The states of New York and  New  Jersey
hereby find and determine:
  (a) that the transportation of persons to, from and within the port of
New  York,  and  the  flow  of foreign and domestic cargoes to, from and
through the port of New York are vital and essential to the preservation
of the economic well-being of the northern New Jersey-New York metropol-
itan area;
  (b) that in order to preserve the northern New Jersey-New York  metro-
politan  area  from  economic deterioration, adequate facilities for the
transportation of persons must be provided, preserved and maintained and
that rail services are and will remain of  extreme  importance  to  such
transportation of persons;
  (c) that the interurban electric railway now or heretofore operated by
the Hudson & Manhattan railroad company is an essential railroad facili-
ty  serving the northern New Jersey-New York metropolitan area, that its
physical plant is in a severely deteriorated condition, and that  it  is
in extreme financial condition;
  (d)  that  the  immediate  need for the maintenance and development of
adequate railroad facilities for the transportation of  persons  between
northern  New Jersey and New York would be met by the acquisition, reha-
bilitation and operation of the said Hudson & Manhattan interurban elec-
tric railway by a public agency, and improvement and extensions  of  the
rail  transit lines of said railway to permit transfer of its passengers
to and from other transportation facilities  and  in  the  provision  of
transfer facilities at the points of such transfers;

S. 6478--A                         133

  (e)  that in order to preserve and protect the position of the port of
New York as the nation's leading gateway for world commerce it is incum-
bent on the states of New York and New Jersey to make  every  effort  to
insure  that  their  port  receives its rightful share of the oceanborne
cargo volumes generated by the economy of the nation;
  (f)  that  the  servicing  functions and activities connected with the
oceanborne and overseas airborne trade and commerce of the port  of  New
York  district  as  defined  in  the compact between the said two states
dated April thirty, nineteen hundred twenty-one (hereinafter called  the
port  district),  including  customs  clearance,  shipping negotiations,
cargo routing, freight forwarding, financing, insurance arrangements and
other similar transactions which are  presently  performed  in  various,
scattered  locations  in the city of New York, state of New York, should
be centralized to provide for more efficient and economical  transporta-
tion  of  persons  and  more efficient and economical facilities for the
exchange and buying, selling and transportation of commodities and other
property in world trade and commerce;
  (g) that unification, at a single,  centrally  located  site,  of  the
principal New York terminal of the aforesaid interurban electric railway
and  a  facility of commerce accommodating the said functions and activ-
ities described in subdivision six of this section and  the  appropriate
governmental,  administrative and other services connected with or inci-
dental to transportation of persons and property and the  promotion  and
protection of port commerce, and providing a central locale for exhibit-
ing  and  otherwise  promoting  the  exchange  and buying and selling of
commodities and property in world trade and  commerce,  will  materially
assist in preserving for the two states and the people thereof the mate-
rial and other benefits of a prosperous port community;
  (h) that the port authority, which was created by agreement of the two
states  as  their  joint agent for the development of the transportation
and terminal facilities and other facilities of  commerce  of  the  port
district  and  for the promotion and protection of the commerce of their
port, is the proper agency to act in their behalf (either directly or by
or through wholly-owned subsidiary corporations)  to  effectuate,  as  a
unified project, the said interurban electric railway and its extensions
and the facility of commerce described in paragraph (g) of this subdivi-
sion; and
  (i)  that the undertaking of the aforesaid unified project by the port
authority has the single object of preserving, and is part of a  unified
plan  to  aid  in  the  preservation  of, the economic well-being of the
northern New Jersey-New York metropolitan area and is found  and  deter-
mined to be in the public interest.
  2.  The  following  terms as used in this act shall have the following
meanings:
  (a) "Bonds" shall mean bonds, notes, securities or  other  obligations
or evidences of indebtedness;
  (b)  "Effectuation" of a project or any facility or part of a facility
constituting a portion of a project shall include but not be limited  to
its  establishment, acquisition, construction, development, maintenance,
operation, improvement (by way of betterments, additions  or  otherwise)
and rehabilitation;
  (c)  "Exchange place terminal area" shall mean the area in the city of
Jersey City, state of New Jersey, bounded generally  by  Exchange  place
and  Montgomery  street,  by  Warren  street, by Pearl street, by Greene
street, and by Morgan street as extended to the  bulkhead  line  and  by
said bulkhead line, together with such additional contiguous area as may

S. 6478--A                         134

be agreed upon from time to time between the port authority and the said
city;
  (d)  "General reserve fund statutes" shall mean chapter forty-eight of
the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
continued by article VI of this chapter, and chapter five of the laws of
New  Jersey  of  nineteen  hundred  thirty-one  as amended, and "general
reserve fund" shall mean the general reserve fund of the port  authority
authorized by said statutes;
  (e)  "Hudson  tubes"  shall  mean that portion of the port development
project constituting a railroad facility consisting of the  four  inter-
state  rail  tunnels  under  the Hudson river now or heretofore owned or
operated by the Hudson & Manhattan railroad company,  the  rail  transit
lines  of the Hudson tubes, the balance of the interurban electric rail-
way system in and through said tunnels and over  said  lines  and  inci-
dental  thereto  (including but not limited to the portion of such lines
and system now or heretofore operated jointly by said  railroad  company
and  the  Pennsylvania  railroad  company), terminals, including but not
limited to terminals in the Hudson tubes-world trade center area, in the
Journal square terminal area and in the Exchange  place  terminal  area,
and other related railroad property;
  (f)  "Hudson  tubes  extensions" shall mean those portions of the port
development  project  constituting  passenger  railroad  facilities  (1)
extending directly from the rail transit lines of the Hudson tubes, over
new  rail transit lines or on or over the existing rail transit lines of
other railroads, to transfer facilities in the rail  passenger  transfer
area,  for  the  transfer  of passengers of the Hudson tubes to and from
other railroads, and (2) extending from Pennsylvania station in the city
of Newark, state of New Jersey, over new rail transit  lines  or  on  or
over the existing rail transit lines of other railroads, to the vicinity
of  the city of Plainfield, state of New Jersey, including construction,
reconstruction and improvement of necessary stations in and between  the
city of Newark and the vicinity of the city of Plainfield, together with
such  additional  rail  or other mass transportation, terminal, station,
parking, storage and service facilities as operations may  require,  and
shall include a connection to provide improved access to Newark interna-
tional  airport if and to the extent such connection shall not be other-
wise provided by the port authority as air terminal facilities for  said
airport,  and  (3) consisting of the following improvements to passenger
railroad lines connecting  with  the  Hudson  tubes:  (i)  direct  track
connections  between  the rail transit lines of the Morris & Essex divi-
sion of the Erie-Lackawanna railroad and the Penn Central transportation
company in the vicinity of the town  of  Kearny  in  the  state  of  New
Jersey,  (ii)  replacement  of the railroad bridge (known as the "portal
bridge") operated by the Penn Central transportation company across  the
Hackensack river, (iii) direct track connections between the rail trans-
it  lines  of the Bergen branch and the mail line of the Erie-Lackawanna
railroad in the vicinity of the town of Secaucus in  the  state  of  New
Jersey  and  between  the new joint line resulting from such connections
and the rail transit lines of the Penn Central transportation company in
the vicinity of the town of Secaucus in the state of New Jersey, (iv)  a
new  railroad  yard in the vicinity of the town of Secaucus in the state
of New Jersey for the accommodation of railroad passenger equipment, (v)
improvements to Pennsylvania station in the city of New York,  state  of
New  York,  and to its railroad approaches from the state of New Jersey,
as necessary or desirable to improve operations and  to  increase  train
and  passenger handling capacity, and (vi) such additional rail or other

S. 6478--A                         135

mass transportation, terminal, station,  parking,  storage  and  service
facilities as operations may require with respect to any of the projects
identified  in  this subparagraph or any of the foregoing or any portion
thereof; and, in addition thereto, other related railroad property;
  (g)  "Hudson tubes-world trade center area" shall mean the area in the
borough of Manhattan, city and state of New York, bounded  generally  by
the  east  side  of Church street on the east, the south side of Liberty
street and the south side of Liberty street extended on the  south,  the
Hudson  river  on  the west, and on the north by a line beginning at the
point of intersection of the Hudson river and the north  side  of  Vesey
street  extended,  running along the north side of Vesey street extended
and the north side of Vesey  street  to  the  west  side  of  Washington
street,  then along the west side of Washington street to the north side
of Barclay street, then along the north side of Barclay  street  to  the
east side of West Broadway, then along the east side of West Broadway to
the  north  side  of  Vesey  street,  then along the north side of Vesey
street to the east side of Church street, together with such  additional
contiguous area as may be agreed upon from time to time between the port
authority and the said city;
  (h)  "Journal square terminal area" shall mean the area in the city of
Jersey City, state of New Jersey, bounded generally by  Journal  square,
Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together
with  such additional contiguous area as may be agreed upon from time to
time between the port authority and the said city;
  (i) "Municipality" shall mean a county, city, borough, village,  town,
township  or  other  similar  political  subdivision  of New York or New
Jersey;
  (j) "Parking facilities" forming a part of the Hudson tubes or  Hudson
tubes  extensions  shall  mean one or more areas, buildings, structures,
improvements or other accommodations  or  appurtenances  at  or  in  the
vicinity  of any terminal or station of the Hudson tubes or Hudson tubes
extensions and necessary, convenient or desirable in the opinion of  the
port  authority for the parking of motor vehicles of users of the Hudson
tubes or the Hudson tubes extensions  and  of  members  of  the  general
public  and  for  the parking and storage of omnibuses and railroad cars
serving users of the Hudson tubes or the Hudson tubes extensions and for
the transfer of the operators and passengers  of  such  motor  vehicles,
omnibuses  and railroad cars to and from the railroad cars of the Hudson
tubes or the Hudson tubes extensions, and for purposes incidental there-
to;
  (k) "Purposes of this article" shall mean the effectuation of the port
development project and of each facility constituting a portion  thereof
and of each part of each such facility, and purposes incidental thereto;
  (l) "Rail passenger transfer area" shall mean the area in the state of
New  Jersey bounded as follows: beginning on the west bank of the Hudson
river at the southerly side of the right-of-way of the Central  railroad
of  New  Jersey easterly of the Communipaw station in the city of Jersey
City, thence northwestwardly along said southerly side of the  right-of-
way  of  the Central railroad of New Jersey through the cities of Jersey
City and Kearny to Broad street in the city of Newark; thence northward-
ly along Broad street to  Clay  street,  thence  eastwardly  along  Clay
street  to  the boundary between the counties of Hudson and Essex in the
Passaic river, thence northwardly along  said  boundary  to  its  inter-
section  with  the  boundary  line  between  the  counties of Bergen and
Hudson, thence eastwardly and northwardly along  said  boundary  to  New
Jersey  state  highway  route  three, thence eastwardly along said route

S. 6478--A                         136

three, the Lincoln tunnel viaduct and a line  in  continuation  of  said
viaduct  and  tunnel to the west bank of the Hudson river, thence south-
wardly along said west bank to the point and place of beginning;
  (m) "Rail transit lines" shall mean right-of-way and related trackage,
and  the  "rail  transit  lines of the Hudson tubes" shall mean the rail
transit lines beginning at the Market street station of the Pennsylvania
railroad company in the city of Newark, state of New Jersey and  extend-
ing generally (i) eastwardly along the joint service and operating route
now  or  heretofore  used by the Hudson & Manhattan railroad company and
the Pennsylvania railroad company to the  point  of  connection  thereof
with  the  tracks  now  or  formerly  of the Hudson & Manhattan railroad
company in or about  the  Journal  square  terminal  area;  thence  (ii)
continuing  eastwardly  along the tracks and right-of-way now or hereto-
fore used by the Hudson & Manhattan railroad company through the city of
Jersey City, state of New Jersey  and  through  the  tunnels  under  the
waters  of  the Hudson river and through Cortlandt and Fulton streets in
the borough of Manhattan, city and state  of  New  York  to  the  Hudson
terminal in the Hudson tubes-world trade center area; with a branch from
the  aforesaid  route  from a point located between the Grove street and
Exchange place stations in said city  of  Jersey  City  northwardly  and
eastwardly to the Hoboken terminal station in the city of Hoboken, state
of New Jersey and with a second branch from said first branch eastwardly
and through the tunnels under the waters of the Hudson river to the said
borough  of  Manhattan  passing  through  or  adjacent to Morton street,
Greenwich street, Christopher street and  the  avenue  of  the  Americas
(formerly Sixth avenue) to the West Thirty-third street terminal in said
borough  of Manhattan; and rail transit lines of the Hudson tubes and of
the Hudson tubes extensions shall in each case include such rail transit
lines as the port authority may deem necessary, convenient or  desirable
to  and  from  parking facilities, storage yards, maintenance and repair
shops and yards forming part thereof;
  (n) "Real property"  shall  mean  lands,  structures,  franchises  and
interests in land, waters, lands under water and riparian rights and any
and  all  things  and rights included within said term, and includes not
only fees simple absolute but also any and all lesser interests, includ-
ing but not limited to easements, rights-of-way, uses, leases,  licenses
and  all  other  incorporeal hereditaments and every estate, interest or
right, legal or equitable, including terms for years, and liens  thereon
by way of judgments, mortgages or otherwise;
  (o)  "Related  railroad  property"  shall  mean  any  property,  real,
personal or mixed, necessary, convenient or desirable, in the opinion of
the port authority, to the effectuation of a railroad facility which  is
a  portion  of the port development project and shall include but not be
limited to rail transit lines;  terminals  and  stations;  power,  fuel,
communication,  signal  and  ventilation systems; cars and other rolling
stock; storage yards; repair and maintenance shops, yards, equipment and
parts; parking facilities; transfer facilities for transfer  of  passen-
gers  between  such  railroad facility and other railroads or omnibuses;
offices; and other buildings, structures, improvements, areas, equipment
or supplies; and, in the case of buildings, structures, improvements  or
areas  in  which any one or more of such railroad functions are accommo-
dated shall include all of such buildings, structures,  improvements  or
areas notwithstanding that portions thereof may not be devoted to any of
the  purposes  of the port development project other than the production
of incidental revenue available for the expenses of all or part  of  the
port  development  project,  except that in the Hudson tubes-world trade

S. 6478--A                         137

center area the portions of such buildings, structures, improvements  or
areas  constructed or established pursuant to this article which are not
devoted primarily to railroad functions, activities or  services  or  to
functions,  activities  or  services  for  railroad  passengers shall be
deemed a part of the world trade center and not related railroad proper-
ty;
  (p) "Surplus revenues" from any facility shall mean the balance of the
revenues from such facility (including but not limited to  the  revenues
of  any  subsidiary  corporation incorporated for any of the purposes of
this act) remaining at any time currently  in  the  hands  of  the  port
authority  after  the deduction of the current expenses of the operation
and maintenance thereof, including a proportion of the general  expenses
of  the  port  authority  as  it shall deem properly chargeable thereto,
which general expenses shall include but not be limited to  the  expense
of protecting and promoting the commerce of the port district, and after
the  deduction  of  any amounts which the port authority may or shall be
obligated or may or shall have obligated itself to pay to or  set  aside
out  of the current revenues therefrom for the benefit of the holders of
any bonds legal for investment as defined in the  general  reserve  fund
statutes;
  (q)  "Surplus revenues of the port development project" shall mean the
surplus revenues of the Hudson tubes, the Hudson  tubes  extensions  and
the world trade center; and
  (r)  "World trade center" shall mean that portion of the port develop-
ment project constituting a facility of commerce consisting  of  one  or
more buildings, structures, improvements and areas necessary, convenient
or  desirable  in  the opinion of the port authority for the centralized
accommodation of functions, activities and services for or incidental to
the transportation of persons, the exchange, buying, selling and  trans-
portation of commodities and other property in world trade and commerce,
the  promotion  and  protection of such trade and commerce, governmental
services related to  the  foregoing  and  other  governmental  services,
including  but  not limited to custom houses, customs stores, inspection
and appraisal facilities, foreign trade zones, terminal and  transporta-
tion  facilities,  parking  areas,  commodity  and  security  exchanges,
offices, storage, warehouse, marketing  and  exhibition  facilities  and
other facilities and accommodations for persons and property and, in the
case  of  buildings,  structures,  improvements  and areas in which such
accommodation is afforded, shall include all of such  buildings,  struc-
tures,  improvements  and areas other than portions devoted primarily to
railroad functions, activities or services or to  functions,  activities
or services for railroad passengers, notwithstanding that other portions
of such buildings, structures, improvements and areas may not be devoted
to purposes of the port development project other than the production of
incidental revenue available for the expenses of all or part of the port
development project.
  3.  In furtherance of the aforesaid findings and determinations and in
partial effectuation of and supplemental to the comprehensive plan here-
tofore adopted by the two said states for the development  of  the  said
port  district, the port authority is hereby authorized and empowered to
establish, acquire, construct, effectuate, develop,  own,  lease,  main-
tain,  operate, improve and rehabilitate a project herein referred to as
the port development project, which  shall  consist  of  a  facility  of
commerce  herein  referred  to  as the world trade center, to be located
within the Hudson tubes-world trade center area, and railroad facilities
herein referred to as the Hudson tubes and the Hudson tubes  extensions.

S. 6478--A                         138

The  port  authority  shall  proceed as rapidly as may be practicable to
accomplish the purposes of this article.
  The  port  authority  is hereby authorized and empowered to establish,
levy and collect such rentals, tolls, fares, fees and other  charges  as
it may deem necessary, proper or desirable in connection with any facil-
ity  or part of any facility constituting a portion of the port develop-
ment project and to issue bonds for any of the purposes of this  article
and  to  provide for payment thereof, with interest upon and the amorti-
zation and retirement of such bonds, and to secure all or any portion of
such bonds by a pledge of such rentals, tolls, fares, fees, charges  and
other  revenues  or  any  part thereof (including but not limited to the
revenues of any subsidiary  corporation  incorporated  for  any  of  the
purposes  of  this  article),  and  to secure all or any portion of such
bonds by mortgages upon any property held or to  be  held  by  the  port
authority  (or  by  any  such  subsidiary  corporation)  for  any of the
purposes of this article, and for any of the purposes of this article to
exercise all appropriate powers heretofore or hereafter delegated to  it
by the states of New York and New Jersey, including, but not limited to,
those  expressly set forth in this article.  The surplus revenues of the
port development project may be pledged in whole or in part  as  herein-
after provided.
  Unless  and until hereafter expressly authorized by the two states the
port authority shall not: (a) operate or permit operation by  others  of
its  Hudson  tubes  railroad cars or other rolling stock or equipment or
Hudson tubes extensions railroad cars or other rolling stock  or  equip-
ment  except  upon  the rail transit lines of the Hudson tubes or of the
Hudson tubes extensions and also between the Market street  station  and
the  South  street  station  of the Pennsylvania railroad company in the
city of Newark, state of New Jersey; or (b)  except  by  way  of  Hudson
tubes extensions as herein defined, make additions, betterments or other
improvements  to  or  of said Hudson tubes or Hudson tubes extensions by
way of extensions of their rail transit lines. Nothing herein  contained
shall  be  deemed  to  prevent  the making by the port authority of such
joint service or other agreements with railroads as it shall deem neces-
sary, convenient or desirable for the use of the Hudson tubes and Hudson
tubes extensions by the railroad cars or other rolling stock  or  equip-
ment  of  such railroads and the acquisition of the rights of any or all
parties in any joint service or other agreements the Hudson &  Manhattan
railroad  company or its successors shall have made with other railroads
for such use of the Hudson tubes. The port authority shall  not  proceed
with  the  effectuation of any railroad or railroad facility in addition
to the Hudson tubes and the  Hudson  tubes  extensions  until  hereafter
expressly  authorized by the two states. Nothing contained in this arti-
cle  shall  authorize  or  empower  the  port  authority  to  establish,
construct or otherwise effectuate an air terminal.
  4.  The  moneys in the general reserve fund 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
issued or incurred by it from time to time for any of  the  purposes  of
this  article or upon bonds secured in whole or in part by the pledge of
the revenues from the port development project or any portion thereof or
upon bonds 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.

S. 6478--A                         139

  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 general reserve fund statutes), the
revenues from facilities established, constructed, acquired or otherwise
effectuated  through the issuance or sale of bonds of the port authority
secured in whole or in part by a pledge of its general reserve  fund  or
any  portion  thereof may be pledged in whole or in part as security for
or applied by it to any of the purposes of this article,  including  the
repayment  with  interest  of  any  moneys which it may raise upon bonds
issued or incurred from time to time for any of  the  purposes  of  this
article  or  upon bonds secured in whole or in part by the pledge of the
revenues of the port authority from the port development project or  any
portion thereof or upon bonds 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.
  5. In all cases where the port authority has raised or shall hereafter
raise moneys for any of the purposes of this article by  the  issue  and
sale  of  bonds which are secured in whole or in part by a pledge of the
general reserve fund or any portion thereof, the surplus  revenues  from
any  facility constituting a portion of the port development project and
financed in whole or in part out of the proceeds of such bonds  and  the
surplus  revenue  from  any  other  port  authority facility the surplus
revenues of which at such time may be payable into the  general  reserve
fund shall be pooled and applied by the port authority to the establish-
ment  and  maintenance of the general reserve fund in an amount equal to
one-tenth of the par value of all bonds legal for investment, as defined
in the general reserve fund statutes, issued by the port  authority  and
currently  outstanding,  including  such  bonds  issued  for  any of the
purposes of this article; and all such moneys in  said  general  reserve
fund  may  be  pledged and applied in the manner provided in the general
reserve fund statutes.
  In the event that 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 upon the princi-
pal  amount  of  which  the amount of the general reserve fund is calcu-
lated, by reason of the retirement of bonds issued or incurred from time
to time for any of the purposes of this article the par value  of  which
had  theretofore  been included in the computation of said amount of the
general reserve fund, then the port authority may pledge or  apply  such
excess  for  and only for the purposes for which it is authorized by the
general reserve fund statutes  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.
  6. The two states covenant and agree with  each  other  and  with  the
holders  of  any affected bonds, as hereinafter defined, that so long as
any of such bonds remain outstanding and unpaid and the holders  thereof
shall  not  have  given their consent as provided in their contract with
the port authority, the two states will not diminish or impair the power
of the port authority (or any subsidiary  corporation  incorporated  for
any  of  the  purposes  of  this article) to establish, levy and collect
rentals, tolls, fares, fees or other  charges  in  connection  with  any
facility  constituting  a portion of the port development project or any
other facility owned or operated by the  port  authority  of  which  the
revenues  have  been or shall be pledged in whole or in part as security
for such bonds (directly or indirectly, or through  the  medium  of  the

S. 6478--A                         140

general reserve fund or otherwise), or to determine the quantity, quali-
ty,  frequency or nature of the service provided in connection with each
such facility.
  "Affected  bonds"  as used in this subdivision shall mean bonds of the
port authority issued or incurred by it from time to time for any of the
purposes of this article or bonds as security for  which  there  may  or
shall  be  pledged, in whole or in part, the general reserve fund or any
reserve fund established by or pursuant to  contract  between  the  port
authority  and  the  holders of such bonds, or the revenues of the world
trade center, Hudson tubes, Hudson tubes extensions or any other facili-
ty owned or operated by the port authority any surplus revenues of which
would be payable into the general reserve fund, or bonds both so  issued
or incurred and so secured.
  7.  The  port authority is authorized and empowered to co-operate with
the states of New York and New Jersey, with any municipality,  with  the
federal  government and with any agency or commission of any one or more
of the foregoing, or with any one or more of them, for and in connection
with the  acquisition,  clearance,  replanning,  rehabilitation,  recon-
struction  or  redevelopment of the Hudson tubes-world trade center area
or of any other area forming part of the port  development  project  for
the  purpose  of renewal and improvement of said area and for any of the
purposes of this article, and to enter into an agreement  or  agreements
(and  from time to time to enter into agreements amending or supplement-
ing the same) with any such municipality, commission or agency and  with
the  states  of New York and New Jersey and with the federal government,
or with any one or more of them,  for  or  relating  to  such  purposes,
including  but  not  limited  to  agreements  with  respect to financial
assistance, loans and grants as provided in title one of the housing act
of nineteen hundred forty-nine  and  all  federal  laws  amendatory  and
supplemental  thereto and with respect to occupancy of space in the port
development  project.  The  port  authority  is  hereby  authorized  and
empowered to apply for and accept financial assistance, loans and grants
for such purposes under federal, state or local laws, and to make appli-
cation  directly  to  the  proper  officials or agencies for and receive
federal, state or local loans or grants in aid of any of the purposes of
this article.
  8. If the port authority shall find  it  necessary  or  convenient  to
acquire  any real property for Narrows bridge purposes (including tempo-
rary construction, rehabilitation or improvement), whether for immediate
or future use, the port authority may find and determine that such prop-
erty, whether a fee simple absolute or a lesser  interest,  is  required
for a public use, and upon such determination the said property shall be
and  shall  be deemed to be required for such public use until otherwise
determined by the port authority, and such determination  shall  not  be
affected  by  the fact that such property has theretofore been taken for
and is then devoted to a public use; but the public use in the hands  of
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  corpo-
ration.  If  the  port  authority  shall find it necessary or convenient
hereunder to acquire any real property which is then devoted to a public
use, the port authority shall have power to exchange or  substitute  any
other  real  property for such real property upon terms agreed to by the
port authority and the owner of such property then devoted to  a  public
use,  and  to  find  and determine that such other real property is also
required for a public use; upon such determination the said other  prop-
erty shall be and shall be deemed to be required for such public use.

S. 6478--A                         141

  The port authority may acquire and is hereby authorized to acquire any
real  property  in the state of New York required for a public use under
the preceding paragraph, whether a  fee  simple  absolute  or  a  lesser
estate,  by the exercise of the right of eminent domain under and pursu-
ant  to the eminent domain procedure law of the state of New York, or at
the option of the port authority pursuant to  any  other  and  alternate
procedure  provided by law by such state. Nothing herein contained shall
be construed to prevent the port authority from bringing any proceedings
in either state 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 in either state by negotiation or purchase.
  Where a person entitled to an award  remains  in  possession  of  such
property  after  the time of the vesting of title in the port authority,
and reasonable value of his use and occupancy of  such  property  subse-
quent  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.
  9. The states of New York and New  Jersey  hereby  consent  to  suits,
actions  or  proceedings  by any municipality against the port authority
upon, in connection with or arising out of any agreement, or any  amend-
ment  thereof,  entered into for any of the purposes of this article, as
follows:
  (a) for judgments, orders or decrees restraining or enjoining the port
authority from transferring title to real property to other  persons  in
cases  where  it  has agreed with said municipality for transfer of such
title to the municipality;  and
  (b) for judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or decree shall not be entered  except  upon  two  days'  prior  written
notice  to  the  port  authority  of  the  proposed entry thereof;   and
provided further that upon appeal taken by the port authority from  such
judgment,  order  or  decree  the  service of the notice of appeal shall
perfect the appeal and stay the execution of  such  judgment,  order  or
decree appealed from without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consent to suits, actions, or proceedings against the port authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XXV of this chapter, and chapter two hundred four of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  10.  The  effectuation of the world trade center, the Hudson tubes and
the Hudson tubes extensions, or any of such  facilities  constituting  a
portion of the port development project, 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  improve-
ment  of  their health and living conditions; and the port authority and
any subsidiary corporation incorporated for any of the purposes of  this
article  shall be regarded as performing an essential governmental func-
tion in undertaking the effectuation thereof, and in  carrying  out  the
provisions of law relating thereto.
  11.  The  port  authority shall be required to pay no taxes or assess-
ments upon any of the property acquired or used by it  for  any  of  the
purposes  of this article or upon any deed, mortgage or other instrument
affecting such property or upon the recording of  any  such  instrument.

S. 6478--A                         142

However,  to  the  end  that  no municipality shall suffer undue loss of
taxes and assessments by reason of  the  acquisition  and  ownership  of
property  by the port authority for any of the purposes of this article,
the   port   authority  is  hereby  authorized  and  empowered,  in  its
discretion, to enter into a voluntary agreement or agreements  with  any
municipality whereby the port authority will undertake to pay in lieu of
taxes  a fair and reasonable sum or sums annually in connection with any
real property acquired and owned by the port authority for  any  of  the
purposes of this article.  Such sums in connection with any real proper-
ty  acquired  and owned by the port authority for any of the purposes of
this article shall not be more than the sum last paid as taxes upon such
real property prior to the time of its acquisition by the port  authori-
ty;    provided,  however,  that  in  connection with any portion of the
Hudson tubes-world trade center area acquired  and  owned  by  the  port
authority  for  any of the purposes of this article, after such property
is improved pursuant to this article with world trade center  buildings,
structures  or  improvements greater in value than the buildings, struc-
tures or improvements on such Hudson tubes-world trade  center  area  at
the  time of its acquisition by the port authority, then, with regard to
such greater value, such sum or sums may be increased by such additional
sum or sums annually as may be agreed upon between  the  port  authority
and the city of New York which will not include any consideration of the
exhibit  areas  of the world trade center or of any areas which would be
tax exempt in their own right if title were in  the  governmental  occu-
pants or of other areas accommodating services for the public or devoted
to  general public use.  Each such municipality is hereby authorized and
empowered to enter into such  agreement  or  agreements  with  the  port
authority and to accept the payment or payments which the port authority
is  hereby authorized and empowered to make, and the sums so received by
such municipality shall be devoted to purposes to  which  taxes  may  be
applied unless and until otherwise directed by law of the state in which
such municipality is located.
  12.  All  details  of  the  effectuation, including but not limited to
details of financing, leasing, rentals, tolls,  fares,  fees  and  other
charges,  rates,  contracts  and service, of the world trade center, the
Hudson tubes and the Hudson tubes extensions by the port authority shall
be within its sole discretion and its decision in  connection  with  any
and  all matters concerning the world trade center, the Hudson tubes and
the Hudson tubes extensions shall be  controlling  and  conclusive.  The
local  laws,  resolutions, ordinances, rules and regulations of the city
of New York shall apply to such world trade center if so provided in any
agreement between the port authority and the  city  and  to  the  extent
provided in any such agreement.
  So long as any facility constituting a portion of the port development
project  shall  be  owned,  controlled or operated by the port authority
(either directly or through a subsidiary  corporation  incorporated  for
any  of  the purposes of this article), no agency, commission or munici-
pality of either or both of the two states shall have jurisdiction  over
such facility nor shall any such agency, commission or municipality have
any  jurisdiction over the terms or method of effectuation of all or any
portion thereof by the port authority (or such  subsidiary  corporation)
including  but not limited to the transfer of all or any portion thereof
to or by the port authority (or such subsidiary corporation).
  Nothing in this article shall be deemed to prevent the port  authority
from  establishing, acquiring, owning, leasing, constructing, effectuat-
ing, developing, maintaining, operating, rehabilitating or improving all

S. 6478--A                         143

or any portion of the port  development  project  through  wholly  owned
subsidiary corporations of the port authority or from transferring to or
from  any  such corporations any moneys, real property or other property
for  any  of  the  purposes of this article. If the port authority shall
determine from time to time to form such  a  subsidiary  corporation  it
shall  do  so by executing and filing with the secretary of state of New
York and the secretary of state of New Jersey a certificate of  incorpo-
ration,  which may be amended from time to time by similar filing, which
shall set forth the name of such subsidiary corporation,  its  duration,
the  location  of its principal office, and the purposes of the incorpo-
ration which shall be one or  more  of  the  purposes  of  establishing,
acquiring,  owning,  leasing,  constructing,  effectuating,  developing,
maintaining, operating, rehabilitating or improving all or  any  portion
of  the  port  development  project.    The directors of such subsidiary
corporation shall be the same persons holding the offices of commission-
ers of the port authority.  Such subsidiary corporation shall  have  all
the  powers vested in the port authority itself for the purposes of this
article except that it shall not have  the  power  to  contract  indebt-
edness.   Such subsidiary corporation and any of its property, functions
and activities  shall  have  all  of  the  privileges,  immunities,  tax
exemptions  and  other  exemptions of the port authority and of the port
authority's property, functions and activities.  Such subsidiary  corpo-
ration shall be subject to the restrictions and limitations to which the
port  authority  may  be  subject,  including,  but  not  limited to the
requirement that no action taken at any meeting of the board  of  direc-
tors of such subsidiary corporation shall have force or effect until the
governors  of  the  two  states  shall  have an opportunity, in the same
manner and within the same time as now or hereafter provided by law  for
approval  or  veto of actions taken at any meeting of the port authority
itself, to approve or veto such action.    Such  subsidiary  corporation
shall  be  subject  to  suit in accordance with subdivision nine of this
section and chapter three hundred one of the laws of New York  of  nine-
teen  hundred  fifty  as  continued  by article XXV of this chapter, and
chapter two hundred four of the laws of New Jersey of  nineteen  hundred
fifty-one  as  if  such  subsidiary  corporation were the port authority
itself.   Such subsidiary  corporation  shall  not  be  a  participating
employer  under  the  New York retirement and social security law or any
similar law of either state and the employees  of  any  such  subsidiary
corporation,  except those who are also employees of the port authority,
shall not be deemed employees of the port authority.
  Whenever any state, municipality, commission, agency, officer, depart-
ment, board or division is authorized  and  empowered  for  any  of  the
purposes  of  this  article to co-operate and enter into agreements with
the port authority or to grant any consent to the port authority  or  to
grant,  convey,  lease  or  otherwise  transfer any property to the port
authority or to execute any document, such state, municipality,  commis-
sion, agency, officer, department, board or division shall have the same
authorization and power for any of such purposes to co-operate and enter
into  agreements  with such subsidiary corporation and to grant consents
to such subsidiary corporation and to grant, convey, lease or  otherwise
transfer  property  to  such subsidiary corporation and to execute docu-
ments for such subsidiary corporation.
  13. The bonds issued by the port authority to provide funds for any of
the purposes of this article are hereby made  securities  in  which  all
state and municipal officers and bodies of both states, all trust compa-
nies  and  banks other than savings banks, all building and loan associ-

S. 6478--A                         144

ations, savings and loan associations, investment  companies  and  other
persons  carrying on a commercial banking business, all insurance compa-
nies, insurance associations and other persons carrying on an  insurance
business,  and  all  administrators,  executors, guardians, trustees and
other fiduciaries, and all other persons whatsoever (other than  savings
banks),  who  are  now or may hereafter be authorized by either state to
invest in bonds of such state,  may  properly  and  legally  invest  any
funds, including capital, belonging to them or within their control, and
said  bonds are hereby made securities which may properly and legally be
deposited with and shall be received by any state or  municipal  officer
or agency of either state for any purpose for which the deposit of bonds
of  such  state is now or may hereafter be authorized.  The bonds issued
by the port authority to provide funds for any of the purposes  of  this
article  as  security for which the general reserve fund shall have been
pledged in whole or in part are hereby  made  securities  in  which  all
savings  banks also may properly and legally invest any funds, including
capital, belonging to them or within their control.
  14.  If the port authority shall  find  it  necessary,  convenient  or
desirable  to  acquire  (either  directly or through a subsidiary corpo-
ration) from time to time any real property or any property  other  than
real  property  (including  but not limited to contract rights and other
intangible personal property and railroad cars or other  rolling  stock,
maintenance  and  repair  equipment  and  parts, fuel and other tangible
personal property), for any of the purposes of this article, whether for
immediate or future use  (including  temporary  construction,  rehabili-
tation  or  improvement), 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 determination the said property
shall  be  and  shall be deemed to be required for such public use until
otherwise determined by the port authority, and such determination shall
not be affected by the fact that  such  property  has  theretofore  been
taken for and is then devoted to a public use; but the public use in the
hands  of  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.
  The port authority may acquire and is hereby authorized so to  acquire
from time to time, for any of the purposes of this article, such proper-
ty,  whether  a  fee  simple absolute or a lesser estate, (including 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 or having its situs  in  such  state,
and  revised  statutes  of New Jersey, title twenty: one-one et seq., in
the case of property located in or having its situs 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,  in the case of property located in or having
its situs in such state, or pursuant to such other and alternate  proce-
dure  as  may  be provided by law of the state in which such property is
located or has its situs; and all of said statutes for  the  acquisition
of  real  property  shall,  for  any of the purposes of this article, be
applied also to the acquisition of other  property  authorized  by  this
subdivision,   except  that  such  provisions  as  pertain  to  surveys,
diagrams, maps, plans or  profiles,  assessed  valuation,  lis  pendens,
service of notice and papers, filing in the office of the clerk in which
the  real  property affected is situated and such other provisions as by
their nature cannot be applicable to property other than real  property,

S. 6478--A                         145

shall  not  be  applicable to the acquisition of such other property. In
the event that any property other than  real  property  is  acquired  by
acquisition  then,  with  respect to such other property, notice of such
proceeding and all subsequent notices or court processes shall be served
upon  the  owners  of such other property and upon the port authority by
personal service or by registered or certified mail, except  as  may  be
otherwise directed by the court.
  Anything  herein  to  the contrary notwithstanding, any property to be
acquired for any of the purposes of this article, which  property  shall
not  have been used by its owner or owners or any of his or their prede-
cessors in connection with and shall not have been acquired by its owner
or owners or any of his or their predecessors for use in connection with
the effectuation by a railroad company or companies of the Hudson  tubes
or  the  Hudson  tubes  extensions  prior to port authority acquisition,
shall, if such property is personal property, be acquired only by agree-
ment with the owner or  owners  and  shall,  if  such  property  is  not
personal  property,  be acquired in an action or proceeding in the state
in which such property is  located  or  has  its  situs.  Except  as  so
provided,  the port authority is hereby authorized and empowered, in its
discretion, from time to time to combine any property  which  is  to  be
acquired as aforesaid for any of the purposes of this article for acqui-
sition in a single action or proceeding notwithstanding that part of the
the property so to be acquired is located or has its situs in New Jersey
and  part in New York or is personal property or mixed real and personal
property or may be owned by more than one owner; and, except as  herein-
after provided, each such single action or proceeding to acquire proper-
ty  located  or  having it situs part in New Jersey and part in New York
shall be pursuant to the laws of whichever of the two  said  states  the
port  authority shall estimate contains the greater part in value of all
the property to be acquired in such action  or  proceeding  (hereinafter
sometimes  called  the forum state) and in the court or courts specified
in the laws of the forum state for the acquisition by the port authority
of property located or having its situs in the forum state  pursuant  to
this  article,  in which event, notwithstanding the location or situs of
said property, each of said two states hereby confers upon it said court
or courts jurisdiction of such action or proceeding and the port author-
ity and any subsidiary corporation so acquiring such  property  and  the
owners  of  such  property  shall  be  bound by the judgments, orders or
decrees therein. In any such action or proceeding the court or courts of
the forum state shall apply the laws of valuation  of  the  other  state
(hereinafter  sometimes  called  the nonforum state) to the valuation of
the property which is located or has it situs in the nonforum state  and
shall include in the total compensation to be made to any owner of prop-
erty  in  both  states  being  acquired in such action or proceeding the
increment, if any, in the value of such  property  in  both  states,  by
reason  of  its  being  in  a  single ownership. If a judgment, order or
decree in such an action or proceeding shall best title in or  otherwise
award  to  the  authority the right to possession of property located or
having its situs in the nonforum state, then the court or courts of  the
nonforum state shall grant full faith and credit to such judgment, order
or  decree  and upon petition by the authority to the court or courts of
the non forum state specified in the laws thereof for the acquisition by
the port authority of property located or having its situs in the nonfo-
rum state pursuant to this act, presenting a true copy of such judgment,
order or decree and proof that it is  in  effect,  that  any  conditions
thereof  have been met, that at least five days' notice of such petition

S. 6478--A                         146

has been served by registered or certified mail upon all owners  of  the
property  affected  who appeared in the original action or proceeding in
the forum state or who may be owners  of  record,  and  without  further
proof, a judgment, order or decree of such court or courts of the nonfo-
rum  state  shall  be  entered  granting the authority possession of the
property located or having its situs in the nonforum state and  confirm-
ing any title which shall have vested in the authority or its subsidiary
by  the  judgment,  order  or decree of the court or courts of the forum
state.
  The owner of any property acquired for any of  the  purposes  of  this
article  shall  not be awarded for such property any increment above the
just compensation required by the constitutions of the United States and
of the state or states in which the property is located or has its situs
by reason of any circumstances whatsoever.
  Nothing herein contained  shall  be  construed  to  prevent  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.
  Where a person entitled to an award in the proceedings to acquire  any
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 authority
or its subsidiary, 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 authority or its subsidiary.
  15. The port authority and its duly authorized agents, and all persons
acting  under  its  authority  and  by  its  direction, may enter in the
daytime into and upon any real property for the purpose of  making  such
surveys, diagrams, maps, plans, soundings or borings as the port author-
ity  may deem necessary, convenient or desirable for any of the purposes
of this act.
  16. Any declarations contained herein with respect to the governmental
nature and public purpose of the world trade center,  Hudson  tubes  and
Hudson  tubes extensions and to the exemption of the world trade center,
Hudson tubes and Hudson tubes extensions property and instruments relat-
ing thereto from taxation and to the discretion of  the  port  authority
with  respect  to  said  facilities shall not be construed to imply that
other port authority facilities, property and operations are  not  of  a
governmental  nature  or  do not serve public purposes, or that they are
subject to taxation, or that the determinations of  the  port  authority
with  respect  thereto  are not conclusive.  The powers hereby vested in
the port authority and in any subsidiary  corporation  incorporated  for
any  of  the  purposes of this article (including but not limited to the
power to acquire real property  by  condemnation)  shall  be  continuing
powers  and  no  exercise  thereof by the port authority or a subsidiary
corporation incorporated for any of the purposes of this  article  shall
be deemed to exhaust them or any of them.
  17.  This subdivision and the preceding subdivisions hereof 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  compre-
hensive plan heretofore adopted by the two states, and the powers grant-
ed  to  the port authority shall be construed to be in aid of and not in

S. 6478--A                         147

limitation or in derogation of any  other  powers  heretofore  conferred
upon or granted to the port authority.
  18.  If any subdivision, part, phrase, or provision of this article or
the application thereof to  any  person  or  circumstances  be  adjudged
invalid  by  any court of competent jurisdiction, so long as the article
or remainder of the article shall nonetheless permit  the  effectuation,
as  a  unified project, of the Hudson tubes, Hudson tubes extensions and
the world trade center, such judgment shall be confined in its operation
to the subdivision, part,  phrase,  provision  or  application  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered and shall not affect or impair the validly of the remainder  of
this  article  or  the  application  thereof to other persons or circum-
stances and the two states hereby declare that they would  have  entered
into  this  article  or the remainder thereof had the invalidity of such
provision or application thereof been apparent.

                               ARTICLE XXV
                    SUITS AGAINST THE PORT AUTHORITY

Section 2501. Suits against the port authority.
  S 2501. Suits against the port authority. 1.  Upon the concurrence  of
the  state  of  New Jersey in accordance with subdivision twelve hereof,
the states of New York and New  Jersey  consent  to  suits,  actions  or
proceedings  of  any  form  or  nature  at  law,  in equity or otherwise
(including proceedings to enforce arbitration  agreements)  against  the
port  authority, and to appeals therefrom and reviews thereof, except as
hereinafter provided in subdivisions two through five, inclusive,  here-
of.
  2.    The  foregoing  consent  does  not  extend  to suits, actions or
proceedings upon any causes of action  whatsoever  accruing  before  the
effective  date  of  this article, other than causes of actions upon, in
connection with, or arising out of notes, bonds or other obligations  or
securities  secured  by a pledge of the general reserve fund of the port
authority.
  3.   The foregoing consent  does  not  extend  to  suits,  actions  or
proceedings  upon  any  causes of action whatsoever, upon, in connection
with, or arising out of any contract, express or implied,  entered  into
or  assumed  by  or  assigned to the port authority before the effective
date of this article (including any supplement to, or amendment,  exten-
sion  or  renewal  of any such contract, even if such supplement, amend-
ment, extension or renewal is made on or after  the  effective  date  of
this article), regardless of whether such cause of action accrued before
or after that date, other than causes of action upon, in connection with
or  arising  out  of  notes,  bonds  or  other obligations or securities
secured by a pledge of the general reserve fund of the port authority.
  4.  The foregoing consent does not extend to civil suits,  actions  or
proceedings for the recovery of statutory penalties.
  5.    The  foregoing  consent  does  not  extend  to suits, actions or
proceedings for judgments, orders or decrees restraining,  enjoining  or
preventing  the  port  authority from committing or continuing to commit
any act or acts, other than suits, actions or proceedings by the  attor-
ney  general  of New York or by the attorney general of New Jersey--each
of whom is hereby authorized to bring such suits, actions or proceedings
in his discretion on behalf of any  person  or  persons  whatsoever  who
requests  him so to do except in the cases excluded by subdivisions two,
three and four of this article; provided, that in any such suit,  action

S. 6478--A                         148

or proceeding, no judgment, order or decree shall be entered except upon
at  least  two  days'  prior written notice to the port authority of the
proposed entry thereof.
  6.   The foregoing consent is granted upon the condition that venue in
any suit, action or proceeding against the port authority shall be  laid
within  a  county  or  a  judicial  district, established by one of said
states or by the United States, and situated wholly or partially  within
the  port of New York district. The port authority shall be deemed to be
a resident of each such county or judicial district for the  purpose  of
such  suits,  actions  or  proceedings.  Although  the port authority is
engaged in the performance  of  governmental  functions,  the  said  two
states  consent  to  liability on the part of the port authority in such
suits, actions or proceedings for tortious acts committed by it and  its
agents to the same extent as though it were a private corporation.
  7.  The foregoing consent is granted upon the condition that any suit,
action  or  proceeding prosecuted or maintained under this article shall
be commenced within one year after the cause of  action  therefor  shall
have  accrued,  and  upon  the further condition that in the case of any
suit, action or proceeding for the recovery or payment of money,  prose-
cuted  or  maintained  under  this article, a notice of claim shall have
been served upon the port authority by or on behalf of the plaintiff  or
plaintiffs at least sixty days before such suit, action or proceeding is
commenced.  The  provisions  of  this  section shall not apply to claims
arising out of provisions of any workmen's compensation  law  of  either
state.
  8.   The notice of claim required by subdivision seven of this section
shall be in writing, sworn to by or on behalf of the claimant or  claim-
ants,  and  shall set forth (1) the name and post office address of each
claimant and of his attorney, if any, (2) the nature of the  claim,  (3)
the  time when, the place where and the manner in which the claim arose,
and (4) the items of damage or injuries claimed to have  been  sustained
so  far  as then practicable. Such notice may be served in the manner in
which process may be served, or in lieu thereof, may be sent  by  regis-
tered  mail  to  the  port  authority at its principal office. Where the
claimant is a person under the age of eighteen years or is  mentally  or
physically  incapacitated  and by reason of such disability no notice of
claim is filed or suit, action or proceeding commenced within  the  time
specified  in subdivision seven of this section, or where a person enti-
tled to make a claim dies and by reason of his death no notice of  claim
is  filed or suit, action or proceeding commenced within the time speci-
fied in section seven hereof then any court in which such  suit,  action
or  proceeding may be brought may in its discretion grant leave to serve
the notice of claim and to commence the suit, action or proceeding with-
in a reasonable time but in any event within three years after the cause
of action accrued. Application for such leave must be made upon an affi-
davit showing the particular facts which caused the delay and  shall  be
accompanied by a copy of the proposed notice of claim if such notice has
not  been served, and such application shall be made only upon notice to
the port authority.
  9.  The commissioners, officers or employees  of  the  port  authority
shall  not  be  subject  to suits, actions or proceedings for judgments,
orders or decrees restraining, preventing or  enjoining  them  in  their
official  or personal capacities from committing or continuing to commit
any act or acts on behalf  of  the  port  authority  other  than  suits,
actions  and  proceedings brought by the attorney general of New York or
by the attorney general of New Jersey or by the port authority  itself--

S. 6478--A                         149

each  of  said  attorneys  general being hereby authorized to bring such
suits, actions or proceedings in his discretion on behalf of any  person
or  persons  whatsoever  who  requests  him so to do except in the cases
excluded  by sections two, three and four of this act; provided, that in
any such suit, action or proceeding brought by either attorney  general,
no  judgment,  order or decree shall be entered except upon at least two
days' notice to the defendant of the proposed entry thereof.
  10.  Nothing herein contained shall be deemed to  revoke,  rescind  or
affect  any  consents  to suits, actions or proceedings against the port
authority heretofore given by the  two  said  states  in  chapter  eight
hundred  two of the laws of New York of nineteen hundred forty-seven, as
amended and continued by article  XIII  of  this  chapter,  and  chapter
forty-three  of  the laws of New Jersey of nineteen hundred forty-seven,
as amended; chapter six hundred thirty-one of the laws of  New  York  of
nineteen hundred forty-seven, as amended and continued by article XII of
this  chapter;  chapter forty-four of the laws of New Jersey of nineteen
hundred forty-seven, as amended, and chapter five hundred thirty-four of
the laws of New York of nineteen hundred forty-eight  and  continued  by
article  XII of this chapter and chapter ninety-seven of the laws of New
Jersey of nineteen hundred forty-eight.
  S 11.  This act together with the act  of  the  state  of  New  Jersey
concurring  herein,  shall constitute an agreement between the states of
New York and New Jersey supplementary to and amendatory of  the  compact
between  the  two  said  states  dated April thirtieth, nineteen hundred
twenty-one.

                              ARTICLE XXVI
        RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES

Section 2601. Rules and regulations governing operation of Hudson tubes.
  S 2601. Rules and regulations governing operation of Hudson tubes.  1.
The port authority having duly adopted the  following  rules  and  regu-
lations,  hereinafter  set  forth  in  this  subdivision  in relation to
conduct within the territorial limits of the state of New York  and  at,
on  or  in  the Hudson tubes and Hudson tubes extensions operated by its
wholly-owned subsidiary  the  port  authority  trans-Hudson  corporation
(hereinafter  called  "PATH"),  the  penalties  and procedures for their
enforcement prescribed in subdivision  two  shall  apply  to  violations
thereof.

                          RULES AND REGULATIONS

  (a)  No  person  shall  smoke,  carry  or possess a lighted cigarette,
cigar, pipe, match or any lighted instrument causing naked flame  in  or
about any area, building or appurtenance or in any cars or other rolling
stock  of  the Hudson tubes or Hudson tubes extensions where smoking has
been prohibited by PATH and where appropriate signs to that effect  have
been posted.
  (b)  No  person,  unless duly authorized by PATH, shall in or upon any
area, building, appurtenance, car or other rolling stock of  the  Hudson
tubes  or  Hudson tubes extensions sell or offer for sale any article of
merchandise or solicit any business or trade, including the carrying  of
bags  for hire, the shining of shoes or bootblacking, or shall entertain
any persons by singing, dancing or playing  any  musical  instrument  or
solicit  alms.    No person, unless duly authorized by PATH, shall post,

S. 6478--A                         150

distribute or display commercial signs, circulars or  other  printed  or
written matter in or upon the Hudson tubes or Hudson tubes extensions.
  (c)  No  person, who is unable to give satisfactory explanation of his
presence, shall loiter about any car,  or  other  rolling  stock,  area,
building or appurtenance of the Hudson tubes or Hudson tubes extensions,
or sleep therein or thereon.
  (d) No person not authorized by PATH shall be permitted in or upon any
car  or  other  rolling stock or station or platform or parking facility
within the Hudson tubes or Hudson tubes extensions, except upon  payment
in  full  of such fares, fees and other charges as may from time to time
be prescribed by PATH.   No person shall  refuse  to  pay  or  evade  or
attempt  to  evade  the  payment  in  full of such fares, fees and other
charges.
  (e) No person shall spit upon, litter or create a  nuisance  or  other
insanitary  condition  in  or  on  any car or other rolling stock, area,
building or appurtenance of the Hudson tubes or Hudson tubes extensions.
  (f) No person shall enter any car or other rolling stock, area, build-
ing or appurtenance of the Hudson tubes or Hudson tubes extensions  with
any  animal,  except  an  animal  properly  confined  in  an appropriate
container or a guide dog properly harnessed and muzzled, accompanying  a
blind  person carrying a certificate of identification issued by a guide
dog school.
  (g) No person shall get on any car  or  other  rolling  stock  of  the
Hudson  tubes  or  Hudson tubes extensions while it is in motion for the
purpose of obtaining transportation thereon as a passenger nor shall any
person wilfully obstruct, hinder or delay the passage of any such car or
rolling stock.  No person not authorized by  PATH  shall  walk  upon  or
along any right-of-way or related trackage of the Hudson tubes or Hudson
tubes extensions.
  2. Any violation of the provisions of paragraph (a) of subdivision one
of this section, shall be an offense and shall be punishable for a first
conviction thereof by a fine of not more than fifty dollars or imprison-
ment  for  not  more  than  thirty  days  or  both;    for a second such
conviction by a fine of not less than twenty-five dollars nor more  than
one  hundred  dollars  or  imprisonment  for not more than sixty days or
both;  for a third or any other subsequent such conviction, by a fine of
not less than fifty dollars nor more than  two  hundred  dollars  or  by
imprisonment  for  not  more than sixty days or both.  Any person who is
guilty of violating any other provision of section one of  this  section
shall  be  guilty  of  an  offense and shall be punishable by a fine not
exceeding ten dollars or by imprisonment not exceeding thirty days or by
both such fine and imprisonment for each conviction thereof.

                              ARTICLE XXVII
             MASS TRANSPORTATION FACILITIES TO AIR TERMINALS

Section 2701. Mass transportation facilities to air terminals.
  S 2701. Mass transportation facilities  to  air  terminals.    1.  The
states of New York and New Jersey hereby find and determine that:
  (a)  Each air terminal within the port of New York district serves the
entire district, and the problem of furnishing proper and  adequate  air
terminal  facilities  within  the  district is a regional and interstate
problem;
  (b) Access by land travel to the great airports serving  the  port  of
New York district, particularly John F. Kennedy and Newark international
airports,  is becoming increasingly difficult, and such access is neces-

S. 6478--A                         151

sary for the continued development of such airports which development is
vital and essential to the preservation of the  economic  well-being  of
the northern New Jersey-New York metropolitan area;
  (c)  Additional  highway construction to serve these great airports is
not feasible and creates severe  problems  in  terms  of  increased  air
pollution and the preemption of land which might otherwise be devoted to
park purposes and other desirable uses;
  (d)  Access  to  these  airports  by  railroads or other forms of mass
transportation must be undertaken if they are to maintain their  preemi-
nence  and continue to serve the economic well-being of the northern New
Jersey-New York metropolitan area;
  (e) Such mass transportation facilities may properly  be  regarded  as
constituting  a  part  of  each  air  terminal, the development of which
should be the responsibility of those charged with  the  duties  of  air
terminal development;
  (f) It is the purpose of this article to authorize and direct the port
authority  of  New  York  and  New  Jersey to undertake one or more mass
transportation access projects specifically  with  respect  to  John  F.
Kennedy  and  Newark  international  airports  in  order to preserve and
develop the economic well-being of  the  northern  New  Jersey-New  York
metropolitan  area, and such undertakings are found and determined to be
in the public interest.
  3. In furtherance of the aforesaid findings and determinations and  in
partial effectuation of the comprehensive plan heretofore adopted by the
two states for the development of terminal and transportation facilities
in the port of New York district, the port authority of New York and New
Jersey  is hereby specifically authorized to undertake pursuant to chap-
ter forty-three of the laws of New Jersey of nineteen hundred forty-sev-
en, as amended, and chapter eight hundred two of the laws of New York of
nineteen hundred forty-seven, as amended and continued by  article  XIII
of this chapter, the following separate air terminal facilities:
  (a)  To  provide  access  to Newark international airport.  A railroad
line connecting Newark international airport, including (i)  appropriate
mass  transportation terminal facilities at and within the said airport;
(ii) construction, reconstruction and improvement  of  suitable  offsite
facilities  for  the  accommodation  of  air  passengers, baggage, mail,
express, freight and other users of the connecting facility;  and  (iii)
such  additional  rail  or other mass transportation, terminal, station,
parking, storage and service facilities as operations may require.
  (b) To provide access to John F. Kennedy  international  airport.    A
railroad  line  connecting  John F. Kennedy international airport to the
main line of the Long Island railroad in the county of Queens, including
(i) a spur or branch to the Montauk line of the  said  railroad  in  the
said  county;   (ii) appropriate mass transportation terminal facilities
at and within the said airport;  (iii) suitable offsite  facilities  for
the accommodation of air passengers, baggage, mail, express, freight and
other users of the connecting facility; and (iv) such additional rail or
other  mass  transportation,  terminal,  station,  parking,  storage and
service facilities, including improvements to the railroad approaches to
Pennsylvania Station and Jamaica Terminal in the city of  New  York,  as
operations may require.
  4.  The port authority of New York and New Jersey is hereby authorized
and empowered to acquire real property located within the port  district
by  condemnation  or  the  right  of  eminent  domain pursuant to and in
accordance with any of the procedures authorized by chapter  forty-three
of  the  laws of New Jersey of nineteen hundred forty-seven, as amended,

S. 6478--A                         152

in the case of property having its situs in the state of New Jersey, and
by chapter eight hundred two of the laws of New York of nineteen hundred
forty-seven, as amended and continued by article XIII of  this  chapter,
in  the  case of property having its situs in the state of New York, for
and in connection with the undertaking of the air terminal access facil-
ities set forth in subdivision three of this  section.    Such  authori-
zation  and  power to acquire real property by condemnation or the right
of eminent domain may not be exercised in connection with the  undertak-
ing  of access facilities, other than the access facilities set forth in
subdivision three of this section, unless authorized by the laws of  the
state in which such facilities are to be located.
  5.  The port authority of New York and New Jersey is hereby authorized
and empowered in its discretion to enter into an agreement or agreements
upon such terms and conditions as it may deem in  the  public  interest,
with  the United States, the state of New Jersey, the state of New York,
or any agency, department, commission, public authority, board or  divi-
sion of any of the foregoing, or any municipality or other public corpo-
ration  in  the  state of New Jersey or in the state of New York, or any
person, firm, association, company or corporation, or any two or more of
the foregoing, to effectuate any one or more of  the  purposes  of  this
article;  and  the  state  of  New Jersey, the state of New York, or any
agency, department, commission, public authority, board or  division  of
either of the foregoing, or any municipality or other public corporation
in  the state of New Jersey or the state of New York, or any two or more
of the foregoing, are hereby authorized and empowered to enter  into  an
agreement or agreements with the port authority to effectuate any one or
more of the purposes of this article.
  6.  If  any  section,  part,  phrase, or provision of this article, as
hereby amended and  supplemented  or  the  application  thereof  to  any
person,  project  or  circumstances, be adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the section, part, phrase, provision or application directly involved
in the controversy in which such judgment shall have been  rendered  and
shall not affect or impair the validity of the remainder of this article
or  the  application thereof to other persons, projects or circumstances
and the two states hereby declare that they would have entered into this
article or the remainder thereof had the invalidity of such provision or
application thereof been apparent.
  7. The port authority of New York and New Jersey is hereby  authorized
and empowered in its discretion to enter into an agreement or agreements
upon  such  terms  and conditions as it may deem in the public interest,
with the United States, the state of New Jersey, the state of New  York,
or  any agency, department, commission, public authority, board or divi-
sion of any of the foregoing, or any municipality or other public corpo-
ration in the state of New Jersey or in the state of New  York,  or  any
person, firm, association, company or corporation, or any two or more of
the  foregoing,  to  effectuate  any one or more of the purposes of this
act; and the state of New Jersey, the state of New York, or any  agency,
department, commission, public authority, board or division of either of
the  foregoing,  or  any municipality or other public corporation in the
state of New Jersey or the state of New York, or any two or more of  the
foregoing,  are  hereby authorized and empowered to enter into an agree-
ment or agreements with the port authority to effectuate any one or more
of the purposes of this article.

S. 6478--A                         153

                             ARTICLE XXVIII
             INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES

Section 2801. Findings and determinations.
        2802. Definitions.
        2803. Industrial development projects and facilities.
  S  2801.  Findings and determinations.   1. The states of New York and
New Jersey hereby find and determine:
  a. that to prevent further deterioration of the economy  of  the  port
district and thereby to promote, preserve and protect trade and commerce
in  and  through the port of New York district as defined in the compact
between the two states dated April thirtieth, nineteen  hundred  twenty-
one  (hereinafter called the port district), it is the policy of each of
the two states actively  to  promote,  attract,  encourage  and  develop
economically sound commerce and industry through governmental action;
  b.  that  in order to preserve and protect the position of the port of
New York as the nation's leading  gateway  for  world  commerce,  it  is
incumbent  on the states of New York and New Jersey to make every effort
to insure that the port receives its rightful share  of  interstate  and
international commerce generated by the manufacturing, industrial, trade
and  commercial  segments  of  the economy of the nation and of the port
district;
  c. that since nineteen hundred fifty the number of available  jobs  in
the port district, particularly within the older central cities thereof,
has  decreased,  thereby  resulting in the underutilization of available
land and other resources, the erosion of the port district's  tax  bases
and a rate of unemployment substantially in excess of the national aver-
age;
  d.  that  in order to preserve the port district from further economic
deterioration, adequate industrial development projects  and  facilities
must  be provided, preserved and maintained to attract and retain indus-
try within the port district;
  e. that a number of new industrial development projects and facilities
should be organized into industrial parks or districts;
  f. that the construction of such industrial parks or  districts  shall
conform  to  the  policies of the two states with respect to affirmative
action and equal employment opportunities;
  g. that providing port district industrial  development  projects  and
facilities is in the public interest and involves the exercise of public
and  essential  governmental functions which may include appropriate and
reasonable limitations on competition and which must be performed by the
two states, or any municipality, public authority, agency or  commission
of  either  state  and by a joint agency of the two states to accomplish
the purposes of this article;
  h. that it is an objective of the two states, acting through the  port
authority,  to  facilitate reemployment of residents of the older cities
through job training programs and employment opportunity  priorities  in
connection with industrial development parks in their respective cities;
  i. that the acquisition and the use by such joint agency of abandoned,
undeveloped or underutilized land or land owned by governmental entities
within  the  port  district for the generation of jobs and to reduce the
hazards of unemployment would promote, preserve and protect  the  indus-
try, trade and commerce of the port district, and will materially assist
in preserving for the two states and the people thereof the material and
other benefits of a prosperous port community;

S. 6478--A                         154

  j.  that  the  collection,  disposal  and utilization of refuse, solid
waste or waste resulting from other treatment processes is  an  activity
of  concern  to  all citizens within the port district, that the health,
safety and general welfare of the  citizens  within  the  port  district
require  efficient  and  reasonable collection and disposal services and
efficient utilization of such refuse, solid  waste  or  waste  resulting
from  other  treatment  processes  with  adequate consideration given to
regional  planning  and   coordination,   and,   therefore,   that   the
construction  and  operation of any port district industrial development
project and facility should conform to the environmental and solid waste
disposal standards and state and county plans therefor in the  state  in
which such project or facility is located;
  k.  that  the dedication by the municipalities of the port district of
refuse, solid waste or waste resulting from other treatment processes to
resource recovery to permit the generation of lower  priced  energy  and
the  recovery  of useful materials, together with the commitment by such
municipalities to pay fees to permit  the  delivery  and  removal  after
processing  of  such  refuse  or solid waste at rates and for periods of
time at least sufficient to assure  the  continued  furnishing  of  such
lower  priced energy and material is in the public interest and would be
a major incentive for the attraction and retention  of  industry  within
the port district;
  l.  that  the  port  authority of New York and New Jersey (hereinafter
called the port authority), which was created by agreement  of  the  two
states  as a joint agent for the development of terminal, transportation
and other facilities of commerce  of  the  port  district  and  for  the
promotion and protection of the commerce of the port, is a proper agency
to  act  in  their  behalf  (either directly or by any subsidiary corpo-
ration) to finance and effectuate such industrial  development  projects
and facilities;
  m.  that  it  is  desirable for the port authority, after consultation
with the governing body of each municipality and within the city of  New
York  the  appropriate  community  board or boards and elsewhere another
government entity or entities designated by such municipality  in  which
industrial development projects or facilities are proposed to be located
and with other persons, including but not limited to private real estate
developers,  to prepare and adopt a master plan providing for the devel-
opment of such industrial development projects  and  facilities  in  the
port  district,  which  plan  shall  give consideration to the extent of
unemployment and the  general  economic  conditions  of  the  respective
portions  of  the port district and shall include among other things the
locations and the nature and scope of such projects  and  facilities  as
may be included in the plan;
  n.  that  the  undertaking of such industrial development projects and
facilities by the port authority has the single object of and is part of
a unified plan to aid in preserving the economic well-being of the  port
district and is found and determined to be in the public interest;
  o.  that  no  such  port  district industrial development projects and
facilities are to be constructed if the sole intent of the  construction
thereof  would be the removal of an industrial or manufacturing plant of
an occupant of such projects and facilities from one location to another
location or in the abandonment of one or more plants  or  facilities  of
such occupant, unless such port district industrial development projects
and facilities are reasonably necessary to discourage such occupant from
removing  such plant or facility to a location outside the port district

S. 6478--A                         155

or are reasonably necessary to preserve the competitive position of such
project occupant in its industry;
  p.  that  no  such  port  district  industrial development projects or
facilities are to be constructed unless and until the port authority has
entered into an agreement or agreements with the municipality  in  which
any  such  project or facility is to be located with respect to payments
in lieu of real estate taxes and the location, nature and scope  of  any
project or facility;
  q.  that,  subject  to entering into said agreement or agreements, the
port authority should have the ability to acquire, lease, vacate,  clear
and  otherwise  develop abandoned, undeveloped or underutilized property
or property owned by governmental entities within the port district  and
to finance and construct industrial development projects and facilities.
  S  2802.    Definitions.  The  following terms as used in this article
shall have the following meanings:
  a. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness;
  b. "Effectuation" of any project or  facility  or  part  of  any  such
project  or  facility shall include but not be limited to its establish-
ment, acquisition, construction,  development,  maintenance,  operation,
improvement (by way of betterments, additions or otherwise) and rehabil-
itation  by  the port authority or any other person and the provision of
funds therefor through the issuance of obligations, the making or grant-
ing of loans or otherwise;
  c. "General reserve fund statutes" shall mean chapter  forty-eight  of
the  laws  of  New  York  of  nineteen hundred thirty-one as amended and
continued by article VI of this chapter, and chapter five of the laws of
New Jersey of nineteen  hundred  thirty-one  as  amended,  and  "general
reserve  fund" shall mean the general reserve fund of the port authority
authorized by said statutes;
  d. "Governing body" shall mean the  board  or  body  vested  with  the
general  legislative  powers  of the municipality in which an industrial
development project or facility will be financed or effectuated pursuant
to this article;
  e. "Industrial development project  or  facility"  or  "port  district
industrial  development  project  or facility" shall mean any equipment,
improvement, structure or facility or any land, and any building, struc-
ture, facility or other improvement thereon, or any combination thereof,
and all real and personal property, located within the New York  portion
of  the port district or within a municipality in the New Jersey portion
of the port district which qualified for state aid under the  provisions
of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or
which may hereafter qualify for such aid, including, but not limited to,
machinery,  equipment and other facilities deemed necessary or desirable
in connection therewith, or incidental thereto, whether or  not  now  in
existence  or  under construction, which shall be considered suitable by
the port authority for manufacturing, research, non-retail commercial or
industrial purposes within an industrial park, or for purposes of  ware-
housing  or  consumer and supporting services directly related to any of
the foregoing or to any other port authority project or facility;    and
which may also include or be an industrial pollution control facility or
a  resource recovery facility, provided that no such industrial develop-
ment project or facility may include or be a facility used for the stor-
age of chemicals, fuel or liquified natural gas unless incidental to the
effectuation of such industrial development project or facility;

S. 6478--A                         156

  f. "Industrial pollution control facility" shall mean  any  equipment,
improvement, structure or facility or any land, and any building, struc-
ture, facility or other improvement thereon, or any combination thereof,
and  all  real  and personal property, located within the port district,
including, but not limited to, machinery, equipment and other facilities
deemed  necessary  or  desirable in the opinion of the port authority in
connection therewith, or incidental  thereto,  whether  or  not  now  in
existence or under construction, having to do with or the end purpose of
which  is  the  control,  abatement or prevention of land, sewer, water,
air, noise or general environmental pollution deriving from  the  opera-
tion  of industrial, manufacturing, warehousing, commercial and research
facilities, including, but not limited  to  any  air  pollution  control
facility,  noise  abatement  facility,  water management facility, waste
water collecting system, waste water treatment works,  sewage  treatment
works  system,  sewage treatment system or solid waste disposal facility
or site, provided that no such industrial pollution control facility may
include or be used as a site for organic landfill or be of  a  character
or  nature  generally  furnished  or  supplied by any other governmental
entity where such industrial pollution control facility is located with-
out the consent of such governmental entity;
  g. "Municipality" means a city, county, town or  village  all  or  any
part  of  which  is  located  within  the  New  York portion of the port
district, or a city, county, town, borough or township all or  any  part
of which is located within the New Jersey portion of the port district;
  h.  "Person"  means any person, including individuals, firms, partner-
ships, associations, societies,  trusts,  public  utilities,  public  or
private  corporations,  or  other  legal  entities,  including public or
governmental bodies, which may include the port authority,  as  well  as
natural  persons.    "Person"  shall  include  the plural as well as the
singular;
  i. "Port authority" shall include the port authority and  any  subsid-
iary  corporation  now or hereafter incorporated for any of the purposes
of this article; provided, however, as used in subdivisions 4 and  5  of
this section it shall not include any such subsidiary corporation;
  j.  "Purposes  of  this article" shall mean the effectuation of indus-
trial development projects and facilities and of each project or facili-
ty constituting a portion thereof and of each part of  each  project  or
facility, and purposes incidental thereto;
  k. "Real property" shall mean lands, structures, franchises and inter-
ests  in  land,  including air space and air rights, waters, lands under
water, wetlands and riparian rights, and any and all things  and  rights
included  within  the said term, and includes not only fees simple abso-
lute but also any and all lesser interests, including but not limited to
easements, rights-of-way, uses, leases, licenses and all other  incorpo-
real hereditaments and every estate, interest or right, legal or equita-
ble,  including  terms  for years and liens thereon by way of judgments,
mortgages or otherwise;
  l. "Resource recovery facility" shall mean any equipment, improvement,
structure or facility or any land, and any building, structure, facility
or other improvement thereon, or any combination thereof, and  all  real
and  personal  property located within the port district, including, but
not limited to, machinery, equipment and other facilities deemed  neces-
sary  or  desirable  in  the opinion of the port authority in connection
therewith, or incidental thereto, whether or not  now  in  existence  or
under  construction, for the disposal of refuse or other solid wastes or
wastes resulting from other treatment processes and for the recovery and

S. 6478--A                         157

sale or use of energy and other resources  from  such  refuse  or  other
solid  wastes  or  wastes  resulting  from  other  treatment  processes,
provided that no such resource recovery facility may include or be  used
as a site for organic landfill;
  m.  "Surplus revenues" from any facility shall mean the balance of the
revenues from such facility (including but not limited to  the  revenues
of  any  subsidiary  corporation incorporated for any of the purposes of
this article) remaining at any time currently in the hands of  the  port
authority  after  the deduction of the current expenses of the operation
and maintenance thereof, including a proportion of the general  expenses
of  the  port  authority  as  it shall deem properly chargeable thereto,
which general expenses shall include but not be limited to  the  expense
of protecting and promoting the commerce of the port district, and after
the  deduction  of  any amounts which the port authority may or shall be
obligated or may or shall have obligated itself to pay to or  set  aside
out  of the current revenues therefrom for the benefit of the holders of
any bonds legal for investment as defined in the  general  reserve  fund
statutes;
  n.  "Surplus revenues of port district industrial development projects
or facilities" shall mean the surplus revenues of all industrial  devel-
opment  projects or facilities effectuated pursuant to the terms of this
article.
  S 2803. Industrial development projects and facilities. 1.  In  furth-
erance  of  the  findings and determinations detailed by section 2801 of
this article, in partial effectuation of and supplemental to the compre-
hensive plan heretofore adopted by the two said states for the  develop-
ment  of  the  said  port  district,  and subject to the preparation and
adoption of the plan authorized in subdivision two of this  section  and
the  execution  of an agreement or agreements authorized by subdivisions
eleven and twelve hereof,  the  port  authority  is  hereby  authorized,
empowered  and  directed  to  establish, acquire, construct, effectuate,
develop, own, lease, maintain,  operate,  improve,  rehabilitate,  sell,
transfer  and mortgage projects or facilities herein referred to as port
district industrial development projects or facilities,  as  defined  in
this article.
  The  port  authority  is hereby authorized and empowered to establish,
levy and collect such rentals, fares, fees and other charges as  it  may
deem  necessary,  proper or desirable in connection with any facility or
part of any facility constituting a portion of any port district  indus-
trial  development project or facility and to issue bonds for any of the
purposes of this article and to provide for payment thereof, with inter-
est thereon, and for the amortization and retirement of such bonds,  and
to  secure all or any portion of such bonds by a pledge of such rentals,
fares, fees, charges and other revenues or any part  thereon  (including
but  not  limited to the revenues of any subsidiary corporation incorpo-
rated for any of the purposes of this article) and to secure all or  any
portion  of such bonds by mortgages upon any property held or to be held
by the port authority for any of the purposes of this article,  and  for
any  of  the purposes of this article to exercise all appropriate powers
heretofore or hereafter delegated to it by the states of  New  York  and
New  Jersey, including, but not limited to, those expressly set forth in
this article. The surplus revenues of port district industrial  develop-
ment  projects or facilities may be pledged in whole or in part as here-
inafter provided.
  2. The port authority is hereby authorized  to  initiate  studies  and
prepare  and  adopt  a master plan providing for the development of port

S. 6478--A                         158

district industrial development  projects  and  facilities  which  shall
include  the location of such projects and facilities as may be included
in the plan and shall to the maximum extent  practicable  include  inter
alia  a general description of each of such projects and facilities, the
land use requirements  necessary  therefor,  and  estimates  of  project
costs,  of  project employment potential and of a schedule for commence-
ment of each such project.  Prior to adopting such master plan, the port
authority shall give written notice to, afford a reasonable  opportunity
for  comment,  consult  with and consider any recommendation made by the
governing body of municipalities and within the city  of  New  York  the
appropriate community board or boards and elsewhere another governmental
entity  or  entities designated by such municipality in which industrial
development projects or facilities are proposed to be located  and  with
such  other  persons,  including  but not limited to private real estate
developers, which in the opinion of the port authority is either  neces-
sary  or desirable.   The master plan shall include the port authority's
estimate of the revenues to be derived by municipalities from each  such
industrial development project or facility and also a description of the
proposed additional arrangements with municipalities necessary or desir-
able  for  each such project or facility.  The port authority may modify
or change any part of such plan in the same form and manner as  provided
for  the adoption of such original plan.  At the time the port authority
authorizes any industrial development  project  or  facility,  the  port
authority  shall  include  with such authorization a statement as to the
status of each project included in such master plan  and  any  amendment
thereof.
  3. No industrial development project proposed to be located within the
city  of  New  York may be included in such master plan unless and until
the mayor of the city of New York requests the port authority to conduct
a comprehensive study of the feasibility of the effectuation of  one  or
more  industrial  development  projects  or any parts thereof (including
resource recovery or industrial pollution control  facilities)  in  such
city,  which  request shall specify the borough in which such comprehen-
sive study is to take place; provided, however, that  the  president  of
any  borough  in  which an industrial development project or facility is
proposed to be located may within sixty days of  receipt  of  notice  of
such  request, and after consulting with and considering any recommenda-
tion made by the  local  borough  improvement  board,  notify  the  port
authority  not to include any proposed industrial development project or
facility within that county in such feasibility study.  Any such request
by the mayor of the city of New York may specify the  facilities  to  be
included in such industrial park project.
  4.  The  moneys in the general reserve fund 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
issued or incurred by it from time to time for any of  the  purposes  of
this  article or upon bonds secured in whole or in part by the pledge of
the revenues from any industrial development project or facility or  any
portion thereof or upon bonds 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.
  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 general reserve fund statutes), the
revenues from facilities established, constructed, acquired or otherwise

S. 6478--A                         159

effectuated  through the issuance or sale of bonds of the port authority
secured in whole or in part by a pledge of its general reserve  fund  or
any  portion  thereof may be pledged in whole or in part as security for
or  applied  by it to any of the purposes of this article, including the
repayment with interest of any moneys which  it  may  raise  upon  bonds
issued  or  incurred  from  time to time for any of the purposes of this
article or upon bonds secured in whole or in part by the pledge  of  the
revenues  of  the port authority from any industrial development project
or facility or any portion thereof or  upon  bonds  both  so  issued  or
incurred  and  so secured;  and said revenues 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 such bonds.
  5. In all cases where the port authority has raised or shall hereafter
raise  moneys  for  any of the purposes of this article by the issue and
sale of bonds which are secured in whole or in part by a pledge  of  the
general  reserve  fund or any portion thereof, the surplus revenues from
industrial development projects or facilities financed in  whole  or  in
part out of the proceeds of such bonds and the surplus revenues from any
other port authority facility the surplus revenues of which at such time
may be payable into the general reserve fund shall be pooled and applied
by the port authority to the establishment and maintenance of the gener-
al  reserve fund in an amount equal to one-tenth of the par value of all
bonds legal for investment, as defined in the general reserve fund stat-
utes, issued by the port authority and currently outstanding,  including
such bonds issued for any of the purposes of this article;  and all such
moneys  in  said  general reserve fund may be pledged and applied in the
manner provided in the general reserve fund statutes.
  In the event that 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 upon the princi-
pal  amount  of  which  the amount of the general reserve fund is calcu-
lated, by reason of the retirement of bonds issued or incurred from time
to time for any of the purposes of this article the par value  of  which
had  theretofore  been included in the computation of said amount of the
general reserve fund, then the port authority may pledge or  apply  such
excess  for  and only for the purposes for which it is authorized by the
general reserve fund statutes  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.
  6. The two states covenant and agree with  each  other  and  with  the
holders  of  any  bonds issued by the port authority for the purposes of
this article, that so long as any of such bonds remain  outstanding  and
unpaid  and  the  holders  thereof shall not have given their consent as
provided in their contract with the port authority, the two states  will
not  diminish  or  impair  the power of the port authority to establish,
levy and collect rentals, fares, fees or  other  charges  in  connection
with industrial development projects or facilities or any other facility
owned  or operated by the port authority the revenues of which have been
or shall be pledged in whole or in  part  as  security  for  such  bonds
(directly  or  indirectly,  or through the medium of the general reserve
fund or otherwise), or to determine the quantity, quality, frequency  or
nature of any services provided by the port authority in connection with
the  operation  of each project or facility.  This subdivision shall not
affect or diminish the provisions of subdivision twelve of this section.
  7. The port authority is authorized and empowered to  co-operate  with
the  states  of  New York and New Jersey, with any municipality thereof,

S. 6478--A                         160

with any person, with the federal government and with any agency, public
authority or commission or any one or more of the foregoing, or with any
one or more of them, for and in connection with the acquisition,  clear-
ance, replanning, rehabilitation, reconstruction or redevelopment of any
industrial  development project or facility or of any other area forming
part of any industrial development project or facility for  the  purpose
of  renewal  and improvement of said area and for any of the purposes of
this article, and to enter into an agreement  or  agreements  (and  from
time  to  time  to  enter  into agreements amending or supplementing the
same) with any such person, municipality, commission,  public  authority
or  agency  and  with the states of New York and New Jersey and with the
federal government, or with any one or more of them, for or relating  to
such  purposes,  including but not limited to agreements with respect to
the dedication by the municipalities of the  port  district  of  refuse,
solid  waste  or  waste  resulting  from  other  treatment  processes to
resource recovery to permit the generation of lower  priced  energy  and
the  recovery of useful materials;  with respect to a commitment by such
municipalities to pay fees to permit  the  delivery  and  removal  after
processing  of  such  refuse  or solid waste at rates and for periods of
time at least sufficient to assure the continued  availability  of  such
energy  and  recovered  materials; with respect to financial assistance,
loans and grants pursuant to any federal law now in effect or hereinaft-
er enacted which would provide  such  financial  assistance,  loans  and
grants in connection with any of the purposes of this article, provided,
that  if  either state shall have or adopt general legislation governing
applications for such federal aid by municipalities, public authorities,
agencies or commissions of such state or the receipt or disbursement  of
such federal aid by or on behalf of such municipalities, public authori-
ties, agencies or commissions, then such legislation shall at the option
of  such  state  apply  to  applications  by the port authority for such
federal aid in connection with  an  industrial  development  project  or
facility  located  in  such state and to the receipt and disbursement of
such federal aid by or on behalf of the  port  authority,  in  the  same
manner  and  to the same extent as other municipalities, public authori-
ties, agencies or commissions of such state;  and, with respect to occu-
pancy of space in any industrial development project or facility.    The
port  authority  is  hereby  authorized  and  empowered to apply for and
accept financial assistance, loans and grants for  such  purposes  under
federal,  state  or  local laws, and to make application directly to the
proper officials or agencies for and receive  federal,  state  or  local
loans  or  grants in aid of any of the purposes of this article. Nothing
contained in this article shall be construed  to  limit  or  impair  the
power  of  the governor of the state of New York and the governor of the
state of New Jersey to review the actions of the  commissioners  of  the
port  authority  as provided for in chapter seven hundred of the laws of
New York of nineteen hundred twenty-seven, as amended and  as  continued
by  article V of this chapter, and in chapter three hundred thirty-three
of the laws of New Jersey of nineteen hundred twenty-seven, as  amended,
or  to  authorize the port authority to commence the effectuation of any
industrial development project or facility unless and until the  munici-
pality  in which such project or facility is to be located has consented
to the commencement of  such  effectuation,  with  such  consent  to  be
provided  for  in the agreement authorized by subdivision 11 or subdivi-
sion 12 of this section. The port authority is authorized and  empowered
to enter into an agreement or agreements (and from time to time to enter
into  agreements  amending  or  supplementing  the same) with any public

S. 6478--A                         161

authority, agency or commission of either or both states to provide  for
the  effectuation  of  any  of  the  purposes  of this article through a
subsidiary corporation owned jointly by the port authority and any  such
public  authority,  agency or commission, and any such public authority,
agency or commission is authorized and  empowered  to  enter  into  such
agreement or agreements with the port authority.
  8.  Notwithstanding any contrary provision of law, general, special or
local, either state and any municipality  thereof  and  any  commission,
public  authority  or  agency  of  either  or both of said two states is
authorized and empowered to co-operate with the port  authority  and  to
enter  into  an  agreement or agreements (and from time to time to enter
into agreements amending  or  supplementing  the  same)  with  the  port
authority  or with any other person for and in connection with or relat-
ing to the acquisition, clearance,  replanning,  rehabilitation,  recon-
struction,  redevelopment,  sale, transfer or mortgage of any industrial
development project or facility or of any other area forming part of any
industrial development project or facility for the  purpose  of  renewal
and  improvement  of  said  area  as  aforesaid  or for any of the other
purposes of this article, including but not limited to the dedication by
the municipalities of the port district of refuse, solid waste or  waste
resulting  from other treatment processes to resource recovery to permit
the generation of lower priced energy and the recovery of useful materi-
als and a commitment by such municipalities to pay fees  to  permit  the
delivery  and  removal after processing of such refuse or solid waste at
rates and for periods of time at least sufficient to assure the  contin-
ued  availability  of  such  energy  and  recovered materials, upon such
reasonable terms and conditions as may  be  determined  by  such  state,
municipality,  public  authority,  agency  or  commission  and  the port
authority.  Such agreement may, without limiting the generality  of  the
foregoing,  further  include consent to the use by the port authority or
any other person of any real property owned or to be  acquired  by  said
state,  municipality, public authority, agency or commission and consent
to the use by such state,  municipality,  public  authority,  agency  or
commission  of  any  real  property  owned or to be acquired by the port
authority or by any other person which  in  either  case  is  necessary,
convenient  or desirable in the opinion of the port authority for any of
the purposes of this article, including such real property, improved  or
unimproved,  as  has  already  been  devoted  to or has been or is to be
acquired for urban renewal or other public use, and as  an  incident  to
such  consent  such  state,  municipality,  public  authority, agency or
commission may grant, convey, lease or otherwise transfer any such  real
property  to  the  port  authority  or  to any other person and the port
authority may grant, convey, lease or otherwise transfer any  such  real
property  to such state, municipality, public authority, agency, commis-
sion or any other person for such term and upon such conditions  as  may
be  agreed  upon.   If real property of such state, municipality, public
authority, agency or commission be leased to the port  authority  or  to
any  other  person  for any of the purposes of this article, such state,
municipality, public authority, agency or commission may consent to  the
port  authority or any other person having the right to mortgage the fee
of such property and thus enable the port authority or such other person
to give as security for its bond or bonds  a  lien  upon  the  land  and
improvements,  but such state, municipality, public authority, agency or
commission by consenting to the execution by the port authority or  such
other  person  of  a mortgage upon the leased property shall not thereby
assume and such consent shall not be construed  as  imposing  upon  such

S. 6478--A                         162

state,  municipality, public authority, agency or commission any liabil-
ity upon the bond or bonds secured by the mortgage.  In connection  with
any  of  the purposes of this article, either state and any municipality
thereof, any commission, public authority or agency of either or both of
said  two  states, the port authority and any other person are empowered
to enter into any other agreement or agreements (and from time  to  time
to  enter  into  agreements  amending  or  supplementing same) which may
provide inter alia for the establishment of prices or rates, a  require-
ment  that  any  person sell, lease or purchase any commodity or service
from any other person, or any other similar arrangement.
  Nothing contained in this subdivision shall  impair  or  diminish  the
powers  vested in either state or in any municipality, public authority,
agency or commission to acquire, clear, replan,  reconstruct,  rehabili-
tate  or  redevelop abandoned, undeveloped or underutilized land and the
powers herein granted  to  either  state  or  any  municipality,  public
authority,  agency  or commission shall be construed to be in aid of and
not in limitation or in derogation of  any  such  powers  heretofore  or
hereafter  conferred upon or granted to such state, municipality, public
authority, agency or commission.
  Nothing contained in this article shall be construed to authorize  the
port  authority to acquire, by condemnation or the exercise of the right
of eminent domain, property now or hereafter vested in or held by either
state or by any municipality, public  authority,  agency  or  commission
without  the  authority  or  consent by such state, municipality, public
authority, agency or commission, provided that  the  state  under  whose
laws  such  public  authority, agency or commission has been created may
authorize by appropriate legislation the port authority to  acquire  any
such  property vested in or held by any such public authority, agency or
commission 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 either  state
or  any  such  municipality, public authority, agency or commission, nor
impair the provisions of law regulating the payment into  sinking  funds
of  revenues  derived  from  such  property,  or dedicating the revenues
derived from such property to a specific purpose.
  The port authority, subject to the express authority or consent of any
such state, municipality, public authority,  agency  or  commission,  is
hereby  authorized and empowered to acquire from any such state or muni-
cipality, or from any  other  public  authority,  agency  or  commission
having  jurisdiction  in  the premises, by agreement therewith, and such
state or municipality, public authority, agency or commission,  notwith-
standing  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, convenient or desirable for any of
the purposes of this  article,  including  such  real  property  as  has
already been devoted to a public use.
  Notwithstanding  any inconsistent provision of this section or article
or any compact or general or special law, the  port  authority  may  not
acquire any park lands for industrial development projects or facilities
unless  each  such conveyance of such land is specifically authorized by
the legislature of the state wherein the land is located.
  Any consent by a municipality shall be given and the terms, conditions
and execution by a municipality of any agreement, deed,  lease,  convey-
ance  or  other  instrument  pursuant  to  this subdivision or any other
subdivision of this section shall be authorized in the  manner  provided
in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen

S. 6478--A                         163

hundred twenty-one between the two states creating the  port  authority,
except  that as to towns in the state of New York, such consent shall be
authorized in the manner provided in the town law and as to counties  in
the  state of New Jersey, such consent shall be authorized in the manner
provided in New Jersey statutes annotated, forty: one-one, et  seq.  Any
consent  by  either state shall be effective if given, and the terms and
conditions and execution of any agreement, deed,  lease,  conveyance  or
other  instrument  pursuant to this section or any other section of this
article shall be effective if authorized by the governor of such  state.
Any  consent by a public authority, agency or commission shall be effec-
tive if given by such public authority, agency or commission.
  9. The states of New York and New  Jersey  hereby  consent  to  suits,
actions  or proceedings by any municipality, public authority, agency or
commission against the port authority upon, in connection with or  aris-
ing out of any agreement, or any amendment thereof, entered into for any
of the purposes of this article, as follows:
  a.  for judgments, orders or decrees restraining or enjoining the port
authority from transferring title to real property to other  persons  in
cases  where  it  has  agreed  with said municipality, public authority,
agency, or commission for transfer of such title  to  the  municipality,
public authority, agency or commission;  and
  b.  for judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or decree shall not be entered  except  upon  two  days'  prior  written
notice  to  the  port  authority  of  the  proposed entry thereof;   and
provided further that upon appeal taken by the port authority from  such
judgment,  order  or  decree  the  service of the notice of appeal shall
perfect the appeal and stay the execution of  such  judgment,  order  or
decree appealed from without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consent to suits, actions, or proceedings against the port authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XV of this chapter, and chapter two hundred four  of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  10.  The effectuation of industrial development projects or facilities
of any such projects or facilities constituting a portion of any  indus-
trial  development  project or facility, 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 improve-
ment of their health and living conditions;  and the port authority  and
any  subsidiary corporation incorporated for any of the purposes of this
article shall be regarded as performing an essential governmental  func-
tion  in  undertaking  the effectuation thereof, and in carrying out the
provisions of law relating thereto.
  11. The port authority shall be required to pay no  taxes  or  assess-
ments  upon  any  of the property acquired and used by it for any of the
purposes of this article or upon any deed, mortgage or other  instrument
affecting  such  property  or upon the recording of any such instrument.
However, to the end that no taxing jurisdiction shall suffer undue  loss
of  taxes  and assessments by reason of the acquisition and ownership of
property by the port authority for any of the purposes of this  article,
the   port   authority  is  hereby  authorized  and  empowered,  in  its
discretion, to enter into a voluntary agreement or agreements  with  any
city,  town,  township or village whereby the port authority will under-

S. 6478--A                         164

take to pay in lieu of taxes a fair and reasonable sum, if any, or  sums
annually  in connection with any real property acquired and owned by the
port authority for any of the purposes of this article  and  to  provide
for  the  payment  as a rental or additional rental charge by any person
occupying any portion of any industrial development project or  facility
either as lessee, vendee or otherwise of such reasonable sum, if any, or
sums  as  hereinafter  provided.   Such sums in connection with any real
property acquired and owned  by  the  port  authority  for  any  of  the
purposes  of  this  article  shall not be more than the sum last paid as
taxes upon such real property prior to the time of  its  acquisition  by
the  port  authority;    provided,  however, that in connection with any
portion of any industrial development  project  or  facility,  which  is
owned  by the port authority or another governmental entity and improved
pursuant to this article  with  buildings,  structures  or  improvements
greater  in  value  than  the  buildings,  structures or improvements in
existence at the time of its acquisition, development or improvement  by
the port authority, any person occupying such portion of such industrial
development  project  or  facility either as lessee, vendee or otherwise
shall, as long as title thereto shall remain in the port authority or in
another governmental entity, pay as a rental or additional rental charge
an amount in lieu of taxes, if any, not in excess of the taxes  on  such
improvements and on personal property, including water and sewer service
charges  or  assessments,  which such person would have been required to
pay had it been the owner of such property during the period  for  which
such  payment is made;  provided further, however, that neither the port
authority nor any of its projects,  facilities,  properties,  monies  or
bonds  and  notes  shall  be obligated, liable or subject to lien of any
kind whatsoever for the  enforcement,  collection  or  payment  thereof.
Each  such  city,  town,  township  or  village is hereby authorized and
empowered to enter into such  agreement  or  agreements  with  the  port
authority which agreement or agreements may also include provisions with
respect  to  the joint review of categories of tenants proposed as occu-
pants for industrial development projects or facilities with the cities,
towns, townships or villages in which they are proposed to  be  located,
and to accept the payment or payments which the port authority is hereby
authorized and empowered to make or which are paid by a person occupying
any  such  portion of such industrial development project or facility as
rental or as additional rental  in  lieu  of  taxes,  and  the  sums  so
received  by  such  city,  town, township or village shall be devoted to
purposes to which taxes may be applied in all affected taxing  jurisdic-
tions  unless  and until otherwise directed by law of the state in which
such city, town, township or village is located. At least ten days prior
to the authorization by the port authority of any agreement provided for
in this subdivision, the port authority shall notify the chief executive
officer of each city in the port district  within  which  an  industrial
development  project  or  facility  has been included in the master plan
provided for in subdivision two of this section of the proposed authori-
zation of such agreement, shall seek their comments  and  shall  include
with  such authorization any comments received from such city.  The port
authority shall not sell or lease substantially  all  of  an  industrial
development  project or facility to a proposed purchaser or lessee with-
out the prior approval by the municipality wherein the project or facil-
ity is located of such purchaser or lessee.
  12. Except as otherwise specifically  provided,  all  details  of  the
effectuation,  including  but not limited to details of financing, leas-
ing, rentals, fees and other charges, rates, contracts and  service,  of

S. 6478--A                         165

industrial  development  projects  or  facilities  by the port authority
shall be within its sole discretion and its decision in connection  with
any and all matters concerning industrial development projects or facil-
ities   shall   be  controlling  and  conclusive;    provided  that  the
construction and operation of any such project or facility shall conform
to the environmental and solid waste disposal standards  and  any  state
and county plans therefor in the state in which such project or facility
is located.  At least ninety days prior to the authorization by the port
authority  of  the first contract for the construction of any industrial
development project or facility, the port authority  shall  transmit  to
the  governor  of  the  state in which such project or facility is to be
located a statement as to the conformance of such industrial development
project or facility with such environmental  and  solid  waste  disposal
standards  and  any  state  and county plans therefor, and shall consult
with such governor or his designee  with  respect  thereto.    The  port
authority  and  the  city, town, township or village in which any indus-
trial development project or facility is to be  located  and  for  whose
benefit such project or facility is undertaken are hereby authorized and
empowered  to  enter  into  an  agreement or agreements to provide which
local laws, resolutions, ordinances, rules and regulations, if  any,  of
such  city,  town, township or village affecting any industrial develop-
ment project or facility shall apply to such project or facility.    All
other  existing  local  laws, resolutions, ordinances or rules and regu-
lations not provided for in such agreement shall be applicable  to  such
industrial  development  projects  or facilities.   All such local laws,
resolutions, ordinances or rules and regulations enacted after the  date
of such agreement or agreements shall not be applicable to such projects
or  facilities unless made applicable by such agreement or agreements or
any modification or modifications thereto.
  So long as any facility  constituting  a  portion  of  any  industrial
development  project  or facility shall be owned, controlled or operated
by the port authority, no public authority, agency, commission or  muni-
cipality  of  either  or  both of the two states shall have jurisdiction
over such project or facility nor shall any such public authority, agen-
cy, commission or municipality have any jurisdiction over the  terms  or
method of effectuation of all or any portion thereof by the port author-
ity  including  but  not  limited  to the transfer of all or any portion
thereof to or by the  port  authority;    provided,  however,  the  port
authority is authorized and empowered to submit to the jurisdiction over
such  project  or  facility of either state or any department thereof or
any such public authority, agency, commission or municipality  when  the
exercise  of  such  jurisdiction  is necessary for the administration or
implementation of federal environmental or solid waste  disposal  legis-
lation by either state.
  Nothing  in this article shall be deemed to prevent the port authority
from establishing, acquiring, owning, leasing, constructing,  effectuat-
ing,  developing,  maintaining,  operating,  rehabilitating,  improving,
selling, transferring or mortgaging all or any portion of any industrial
development project or facility through wholly owned  subsidiary  corpo-
rations  of  the  port authority or subsidiary corporations owned by the
port authority jointly with any public authority, agency  or  commission
of  either or both of the two states or from transferring to or from any
such corporations any moneys, real property or other property for any of
the purposes of this article.   If the port  authority  shall  determine
from  time  to time to form such a subsidiary corporation it shall do so
by executing and filing with the secretary of state of the State of  New

S. 6478--A                         166

York and the secretary of state of the State of New Jersey a certificate
of  incorporation,  which  may  be  amended from time to time by similar
filing, which shall set forth the name of such  subsidiary  corporation,
its  duration,  the  location  of its principal office, any joint owners
thereof, and the purposes of the incorporation which  shall  be  one  or
more  of  the  purposes  of  establishing,  acquiring,  owning, leasing,
constructing, effectuating, developing, maintaining, operating, rehabil-
itating, improving, selling,  transferring  or  mortgaging  all  or  any
portion  of  any industrial development project or facility.  The direc-
tors of such subsidiary corporation shall be the  same  persons  holding
the offices of commissioners of the port authority together with persons
representing any joint owner thereof as provided for in the agreement in
connection  with the incorporation thereof.  Such subsidiary corporation
shall have all the powers vested in the port authority  itself  for  the
purposes  of  this  article  except  that it shall not have the power to
contract indebtedness.  Such subsidiary corporation and any of its prop-
erty, functions and activities shall have all of the privileges, immuni-
ties, tax exemptions and other exemptions of the port authority  and  of
the  port  authority's property, functions and activities.  Such subsid-
iary corporation shall be subject to the restrictions and limitations to
which the port authority may be subject, including, but not  limited  to
the  requirement  that  no  action  taken at any meeting of the board of
directors of such subsidiary corporation  shall  have  force  or  effect
until  the governors of the two states shall have an opportunity, in the
same manner and within the same time as now or hereafter provided by law
for approval or veto of actions taken at any meeting of the port author-
ity itself, to approve or veto such action.  Such subsidiary corporation
shall be subject to suit in accordance with  subdivision  nine  of  this
section  and  chapter three hundred one of the laws of New York of nine-
teen hundred fifty and continued by article  XV  of  this  chapter,  and
chapter  two  hundred four of the laws of New Jersey of nineteen hundred
fifty-one as if such subsidiary  corporation  were  the  port  authority
itself.    Such  subsidiary  corporation may be a participating employer
under the New York retirement and social security law or any similar law
of either state and the employees of any  such  subsidiary  corporation,
except  those who are also employees of the port authority, shall not be
deemed employees of the port authority.
  Whenever any state, municipality, commission, public authority,  agen-
cy,  officer,  department, board or division is authorized and empowered
for any of the purposes of this article to  co-operate  and  enter  into
agreements  with  the port authority or to grant any consent to the port
authority or to grant, convey, lease or otherwise transfer any  property
to  the  port  authority or to execute any document, such state, munici-
pality, commission, public authority, agency, officer, department, board
or division shall have the same authorization and power for any of  such
purposes  to  co-operate  and enter into agreements with such subsidiary
corporation and to grant consents to such subsidiary corporation and  to
grant,  convey,  lease or otherwise transfer property to such subsidiary
corporation and to execute documents for such subsidiary corporation.
  13. The bonds issued by the port authority to provide funds for any of
the purposes of this article are hereby made  securities  in  which  all
state and municipal officers and bodies of both states, all trust compa-
nies  and  banks other than savings banks, all building and loan associ-
ations, savings and loan associations, investment  companies  and  other
persons  carrying on a commercial banking business, all insurance compa-
nies, insurance associations and other persons carrying on an  insurance

S. 6478--A                         167

business,  and  all  administrators,  executors, guardians, trustees and
other fiduciaries, and all other persons whatsoever (other than  savings
banks),  who  are  now or may hereafter be authorized by either state to
invest  in  bonds  of  such  state,  may properly and legally invest any
funds, including capital, belonging to them or within their control, and
said bonds are hereby made securities which may properly and legally  be
deposited  with  and shall be received by any state or municipal officer
or agency of either state for any purpose for which the deposit of bonds
of such state is now or may hereafter be authorized.   The bonds  issued
by  the  port authority to provide funds for any of the purposes of this
article as security for which the general reserve fund shall  have  been
pledged  in  whole  or  in  part are hereby made securities in which all
savings banks also may properly and legally invest any  funds  including
capital, belonging to them or within their control.
  14.  Subsequent  to  and  subject to the execution of the agreement or
agreements authorized by subdivisions eleven and twelve hereof  for  the
projects  and  facilities and at the locations specified therein, if the
port authority shall find  it  necessary,  convenient  or  desirable  to
acquire  from  time to time any real property or any property other than
real property (including but not limited to contract  rights  and  other
tangible  or  intangible  personal property), for any of the purposes of
this act whether  for  immediate  or  future  use  (including  temporary
construction,  rehabilitation  or  improvement),  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
such  determination shall not be affected by the fact that such property
has theretofore been taken for and is then devoted to a public use;  but
the public use in the hands of or under the control of the port authori-
ty shall be deemed superior to the public use in the hands of any  other
person, association or corporation.
  The  port authority may acquire and is hereby authorized so to acquire
from time to time, for any of the purposes of this article, such proper-
ty, whether a fee simple absolute or a lesser  estate,  by  condemnation
(including the exercise of the right of eminent domain) under and pursu-
ant  to  the provisions of the eminent domain procedure law of the state
of New York in the case of property located in or having  its  situs  in
such  state,  and  chapter  three  hundred  sixty-one of the laws of New
Jersey of nineteen hundred seventy-one, in the case of property  located
in  or  having  its  situs  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, in the
case of property located in or having its situs in such state, or pursu-
ant to such other and alternate procedure as may be provided by  law  of
the state in which such property is located or has its situs; and all of
said statutes for the acquisition of real property shall, for any of the
purposes  of  this  article, be applied also to the acquisition of other
property authorized by this subdivision, except that such provisions  as
pertain  to  surveys,  diagrams, maps, plans or profiles, assessed valu-
ation, lis pendens, service of notice and papers, filing in  the  office
of  the  clerk  in which the real property affected is situated and such
other provisions as by their nature cannot  be  applicable  to  property
other  than real property, shall not be applicable to the acquisition of
such other property. In the event that  any  property  other  than  real
property  is acquired for any of the purposes of this article under this

S. 6478--A                         168

section then, with respect  to  such  other  property,  notice  of  such
proceeding and all subsequent notices or court processes shall be served
upon  the  owners  of such other property and upon the port authority by
personal  service  or  by registered or certified mail, except as may be
otherwise directed by the court.
  The  port  authority  is  hereby  authorized  and  empowered,  in  its
discretion,  from  time  to  time to combine any property which is to be
acquired as aforesaid by condemnation for any of the  purposes  of  this
article for acquisition in a single action or proceeding notwithstanding
that  part  of  the  property  so to be acquired is personal property or
mixed real and personal property or may be owned by more than one owner.
  The owner of any property acquired by condemnation or the exercise  of
the  right  of  eminent domain for any of the purposes of this act shall
not be awarded for such property any increment above  the  just  compen-
sation  required  by  the  constitutions of the United States and of the
state or states in which the property is located or  has  its  situs  by
reason of any circumstances whatsoever.
  Nothing  herein  contained  shall  be  construed  to  prevent 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.
  Where  a person entitled to an award in the proceedings for the acqui-
sition of property by condemnation or the right of  eminent  domain  for
any  of the purposes of this article remains in possession of such prop-
erty after the time of the vesting of title in the port  authority,  the
reasonable  value  of this 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.
  15. The port authority and its duly authorized agents, and all persons
acting  under  its  authority  and  by  its  direction, may enter in the
daytime into and upon any real property for the purpose of  making  such
surveys, diagrams, maps, plans, soundings or borings as the port author-
ity  may deem necessary, convenient or desirable for any of the purposes
of this article.
  16. Any declarations contained herein with respect to the governmental
nature and public purpose  of  any  industrial  development  project  or
facility  and  to the exemption of any industrial development project or
facility property and instruments relating thereto from taxation and  to
the  discretion  of  the port authority with respect to said projects or
facilities shall not be construed to imply  that  other  port  authority
facilities,  property and operations are not of a governmental nature or
do not serve public purposes, or that they are subject to  taxation,  or
that  the  determinations of the port authority with respect thereto are
not conclusive.  The powers hereby vested in the port authority  and  in
any  subsidiary corporation incorporated for any of the purposes of this
act (including but not limited to the power to acquire real property  by
condemnation  or  the  exercise of the right of eminent domain) shall be
continuing powers and no exercise thereof by the  port  authority  or  a
subsidiary  corporation  incorporated  for  any  of the purposes of this
article shall be deemed to exhaust them or any of them.
  17. This subdivision and the preceding subdivisions hereof  constitute
an agreement between the states of New York and New Jersey supplementary
to  the  compact  between the two states dated April thirtieth, nineteen

S. 6478--A                         169

hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
construed  to effectuate the purposes of said compact and of the compre-
hensive plan heretofore adopted by the two states, and the powers grant-
ed  to  the port authority shall be construed to be in aid of and not in
limitation or in derogation of any other  powers,  heretofore  conferred
upon or granted to the port authority.
  18.  If any section, part, phrase, or provision of this article or the
application thereof to any person or circumstances be  adjudged  invalid
by  any  court  of  competent  jurisdiction,  so  long as the section or
remainder of the article shall nonetheless permit the effectuation, as a
unified project, of any industrial development project or facility, such
judgment shall be confined  in  its  operation  to  the  section,  part,
phrase, provision or application directly involved in the controversy in
which  such  judgment  shall  have been rendered and shall not affect or
impair the validity of the remainder of  this  act  or  the  application
thereof  to  other  persons  or  circumstances and the two states hereby
declare that they would have entered into this article or the  remainder
thereof had the invalidity of such provision or application thereof been
apparent.
  19.  A  copy  of the minutes of any action taken at any meeting of the
port authority in connection with any modification, addition or deletion
in or to any or all of the covenants  with  or  pledges  to  bondholders
contained in a resolution authorizing the issuance of consolidated bonds
of  the  port  authority from such covenants or pledges set forth in the
immediately preceding resolution of the port authority  authorizing  the
issuance  of  such bonds shall be filed with the temporary president and
minority leader of the senate and the speaker and minority leader of the
assembly of the state of New York and the secretary of  the  senate  and
clerk  of  the  general  assembly  of the state of New Jersey within ten
calendar days prior to transmitting the same to  the  governor  of  each
state  for review if the legislature of such state be in session and not
adjourned for more than two days, and, in the event the legislatures  of
the  respective states are not in session or are adjourned for more than
two days, the same shall be filed with  such  officers  thirty  calendar
days  prior  to  transmitting the same to the governor of each state for
review.  Notice of such filing shall be provided to the governor of each
state at the same time.
  The temporary president and minority leader  of  the  senate  and  the
speaker and minority leader of the assembly of the state of New York and
the  speaker  of the general assembly and the president of the senate of
the state of New Jersey, or their 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.
  20. The port authority shall file with  the  temporary  president  and
minority  leader  of  the senate, the speaker and minority leader of the
assembly, the chairman of the assembly 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  and  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  in connection with any of the
purposes of this article.  Such filing shall be made at least ten calen-
dar days before 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.

S. 6478--A                         170

  The temporary president and minority leader of the senate, the speaker
and minority leader of the assembly, the chairman of the  assembly  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 their  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.
  21. The comptroller of the state of New York and the treasurer of  the
state  of New Jersey may each from time to time request a special report
with such information as each such  officer  may  require  with  respect
thereto  from  the  port authority with respect to any or all industrial
development projects or facilities.

                              ARTICLE XXIX
                           BUS TRANSPORTATION

Section 2901. Findings and determinations.
        2902. Definitions.
        2903. Bus transportation.
  S 2901. Findings and determinations.  The states of New York  and  New
Jersey hereby find and determine that:
  1.  The  efficient,  economical  and convenient mass transportation of
persons to, from and within the port district as defined in the  compact
between  the  two states dated April thirtieth, nineteen hundred twenty-
one is vital and essential to the preservation and economic  well  being
of the northern New Jersey-New York metropolitan area;
  2.  In  order  to deter the economic deterioration of the northern New
Jersey-New York metropolitan  area  adequate  facilities  for  the  mass
transportation of persons must be provided and buses are and will remain
of extreme importance in such transportation;
  3.  The  provision of mass transportation including bus transportation
in urban areas has become financially burdensome and may result  in  the
additional  curtailment of significant portions of this essential public
service;
  4. The economic viability of the existing facilities operated  by  the
port authority is dependent upon the effective and efficient functioning
of the transportation network of the northern New Jersey-New York metro-
politan area and access to and proper utilization of such port authority
facilities  would  be  adversely affected if users of bus transportation
were to find such transportation unavailable or significantly curtailed;
  5. Buses serving regional bus routes and feeder bus routes and  ancil-
lary  bus  facilities  constitute an essential part of the mass commuter
facilities of the port district;
  6. The continued availability of bus transportation requires  substan-
tial  replacement  of  and additions to the number of buses presently in
use in the northern New Jersey-New York metropolitan area;
  7. The port authority which was created by agreement of the two states
as their joint agent for the development of transportation and  terminal
facilities and other facilities of commerce of the port district and for
the  promotion and protection of the commerce of their port, is a proper
agency to provide such  buses  to  each  of  the  two  states  and  such
provision  of  buses  by  the  port  authority is in the interest of the
continued viability of the facilities of the port authority, and  is  in
the public interest;

S. 6478--A                         171

  8.  The  operation  of the facilities of the port authority, including
but not limited to the port authority bus terminal at forty-first street
and eighth avenue in New York county in the city and state of  New  York
and  the  extension  thereto  currently  under construction (hereinafter
called the "bus terminal"), the George Washington bridge bus station and
the  provision  of  buses  and ancillary bus facilities pursuant to this
article involve the exercise of public and essential governmental  func-
tions  which  must  be  performed by the two states or any municipality,
public authority, agency, or commission of either or both states;
  9. The revision to the port authority bridge and tunnel toll schedules
which  was  effective  May  fifth,  nineteen  hundred  seventy-five,  is
expected  to  result in additional revenues to the port authority suffi-
cient to support the financing  with  consolidated  bonds  of  the  port
authority  of  approximately  four hundred million dollars for passenger
mass transportation  capital  projects  (hereinafter  called  "passenger
facilities"),  approximately  one  hundred sixty million dollars thereof
being allocated to the extension to the bus terminal, with the remaining
two hundred forty million dollars to be allocated on the  basis  of  one
hundred  twenty  million dollars in each state for passenger facilities,
including but not limited to the acquisition, development and  financing
of  buses  and  related facilities, as determined by each such state and
the port authority acting  pursuant  to  legislative  authorization  and
commitments to the holders of port authority obligations; and
  10.  The  port  authority's  function  as a regional agency of the two
states makes it appropriate that line-haul regional bus route  passenger
facilities be equipped pursuant to this article with buses and ancillary
bus  facilities  and that the need for development and equipment of such
routes be satisfied on a priority basis.
  S 2902. Definitions.  For the purpose of this article:
  1. "Ancillary bus facilities" shall mean any facilities useful in  the
provision of service for line-haul regional or feeder bus routes includ-
ing  but  not  limited to (a) fare collection, communication, signal and
identification equipment, (b) equipment to aid in the provision  of  bus
service  to  the  elderly  and  handicapped, (c) maintenance, repair and
storage facilities and equipment, and (d) bus stations for use primarily
by passengers traveling between New  York  and  New  Jersey;  automobile
parking  lots  for  use  by  people  who  transfer to buses on line-haul
regional bus routes or feeder bus routes; and shelters at  roadside  bus
stops to afford waiting bus passengers protection from precipitation and
wind;
  2.  "Buses"  shall  mean  vehicles containing seats for twelve or more
passengers which are designed for and regularly used in scheduled common
carrier passenger mass transportation service on streets,  highways  and
exclusive  busways  and  which  are  not  designed  or used for railroad
purposes;
  3. "Consolidated bonds" shall mean consolidated  bonds  of  the  issue
established  by  the  resolution  of the port authority, adopted October
ninth, nineteen hundred fifty-two;
  4. "Develop" shall mean plan, design, construct, improve or  rehabili-
tate;
  5. "Feeder bus routes" shall mean those bus routes entirely within the
regional bus area which connect within the port district with a bus stop
on  a  line-haul  regional  bus  route, a passenger ferry, or a railroad
station;
  6. "Line-haul regional bus routes" shall mean  bus  routes  which  are
entirely  within  the  regional  bus  area and which extend from a point

S. 6478--A                         172

outside the county in which the bus terminal is located to  a  point  in
such county;
  7.  "Municipality"  shall mean a county, city, borough, village, town,
township, or other similar political subdivision  of  New  York  or  New
Jersey;
  8. "Person" shall mean any person, including individuals, firms, part-
nerships,  associations,  societies, trusts, public utilities, public or
private corporations, or  other  legal  entities,  including  public  or
governmental  bodies,  which  may include the port authority, as well as
natural persons;
  9. "Railroad station" shall mean a stop on a rail or subway system  at
which passengers embark or disembark; and
  10. "Regional bus area" shall mean that area in the states of New York
and  New  Jersey which lies within a radius of seventy-five miles of the
bus terminal.
  S 2903. Bus transportation. 1.  The port authority is  authorized  and
empowered to acquire, develop, finance, and transfer buses and ancillary
bus  facilities  for  the  purpose  of leasing, selling, transferring or
otherwise disposing of such buses and ancillary bus facilities  only  to
the  state  of  New  York  and  the state of New Jersey or to any public
authority, agency, commission, city or county thereof and designated  by
such  state  (hereinafter  called  the "lessee"). Such buses may be used
only on line-haul regional bus routes or on feeder bus routes  and  such
ancillary  bus  facilities shall be developed for and used in connection
with buses which travel on line-haul regional bus routes or  feeder  bus
routes;  provided,  however, that (a) such buses may be used for charter
bus trips which originate in the regional bus  area,  which  take  place
when  such  buses  are  not needed for service on line-haul regional bus
routes or feeder bus  routes,  and  which  comply  with  all  applicable
requirements  including  but  not limited to those of the port authority
and the lessee; and (b) provided that fare collection, communication and
identification equipment and maintenance, repair and storage  facilities
and  equipment  acquired  pursuant  to  this  act  may  be  utilized  in
connection with bus service which is not on line-haul regional or feeder
bus routes to the extent that such utilization  shall  comply  with  all
applicable  requirements  including but not limited to those of the port
authority and the lessee. Ancillary bus facilities which are not located
on buses or which are not otherwise intended to be moved from  place  to
place shall be located only within the port district.
  2.  Any  such  lease, sale, transfer or other disposition of buses and
ancillary bus facilities shall be on such terms and conditions,  includ-
ing  consideration,  consistent  with this article as the port authority
shall deem in the public interest and which shall be acceptable  to  the
port authority and the lessee. Notwithstanding any contrary provision of
law,  general,  special or local, part of the consideration for any such
lease or transfer shall consist of an agreement by the lessee  to  main-
tain  and  use  such  buses  and ancillary bus facilities, or cause such
buses and ancillary bus facilities to be maintained and used  by  others
under  agreement  with the lessee, in the effective and efficient trans-
portation of passengers in accordance with this act and the port author-
ity may accept such agreement in lieu of  any  other  consideration  for
such  lease  or transfer. The lessee shall be responsible for the proper
operation, maintenance, repair and use of the buses  and  ancillary  bus
facilities  and the port authority shall not be liable in any respect by
reason of the ownership, development, operation, maintenance, repair  or
use  of  such  buses and ancillary bus facilities. Anything contained in

S. 6478--A                         173

this article to the contrary notwithstanding, development of such  buses
and ancillary bus facilities and introduction into service of such buses
shall be subject to the approval of the lessee.
  3.  The  two  states  covenant  and agree with each other and with the
holders of the present and future obligations of the port authority that
(a) the lessee of buses or ancillary bus facilities leased,  transferred
or  otherwise  disposed of pursuant to this article shall be required to
defend and to provide for indemnification, subject to appropriations  or
other  funds  which are or become legally available for this purpose, of
the port authority against any liability of whatsoever form or nature as
may be imposed upon the port  authority  by  reason  of  the  ownership,
development,  operation,  maintenance,  repair or use thereof or arising
otherwise out of the port authority's interest therein; (b)  the  lessee
shall be required to provide for and be responsible for the proper oper-
ation,  maintenance,  repair,  and  use  of such buses and ancillary bus
facilities leased, transferred or otherwise disposed of pursuant to this
article and the port authority shall have no responsibility as  to  such
operation,  maintenance,  repair  or use; and (c) neither the states nor
the port authority will apply to  any  purpose  in  connection  with  or
relating  to  the  operation,  maintenance, repair or use of such bus or
ancillary bus facilities leased, transferred or  otherwise  disposed  of
pursuant  to  this  article,  other than purposes in connection with the
utilization of other port authority facilities by such buses and passen-
ger information purposes, any of the rentals, tolls, fares, fees, charg-
es, revenues, reserves or other funds of the port authority  which  have
been or shall be pledged in whole or in part as security for obligations
as  security  for which there may be or shall be pledged, in whole or in
part the general reserve fund of the port authority.
  4. Any capital expenditures by the port authority for buses and ancil-
lary bus  facilities  to  be  leased,  sold,  transferred  or  otherwise
disposed  of pursuant to this article shall be made with the proceeds of
consolidated bonds of the port authority, which may be issued to finance
such capital expenditures, and such capital expenditures shall be a part
of and shall not exceed the allocations for passenger facilities  to  be
made from time to time as determined in accordance with subdivision nine
of section twenty-nine hundred one of this article.
  5.  The  port  authority is authorized and empowered to cooperate with
the states of New York and New Jersey, with  any  municipality  thereof,
with  the federal government and any public authority, agency or commis-
sion of the foregoing or with any one or more of them or with any  other
person  to  the extent that it finds it necessary and desirable to do so
in connection with the  acquisition,  development,  financing,  leasing,
sale,  transfer  or other disposition of buses and ancillary bus facili-
ties and to enter into an agreement or agreements (and from time to time
to enter into agreements amending or supplementing the same)  with  said
states,  municipalities,  federal  government, public authorities, agen-
cies, commissions and persons or with any one or more  of  them  for  or
relating to such purposes.
  6.  Notwithstanding any contrary provision of law, general, special or
local, either state or any municipality, public  authority,  agency,  or
commission  of  either or both of said two states or any other person is
authorized and empowered to cooperate with the  port  authority  and  to
enter  into  an  agreement or agreements (and from time to time to enter
into agreements amending  or  supplementing  the  same)  with  the  port
authority  including  but  not limited to the agreements with respect to
buses and ancillary bus  facilities  leased,  transferred  or  otherwise

S. 6478--A                         174

disposed  of  pursuant  to  this article, upon such reasonable terms and
conditions as determined by such state, municipality, public  authority,
agency, commission or person and the port authority.
  7.  Any consent by a municipality shall be given and the terms, condi-
tions and execution by a municipality of  any  agreement,  deed,  lease,
conveyance or other instrument pursuant to this subdivision or any other
subdivision  of  this section shall be authorized in the manner provided
in article twenty-two  of  the  compact  of  April  thirtieth,  nineteen
hundred  twenty-one  between the two states creating the port authority,
except that as to towns in the state of New York, such consent shall  be
authorized  in the manner provided in the town law and as to counties in
the state of New Jersey, such consent shall be authorized in the  manner
provided  in  New  Jersey  statutes annotated, title forty: chapter one,
section one, et seq. The terms and conditions and  execution  by  either
state  of  any  agreement,  consent,  designation,  determination, deed,
lease, conveyance or other instrument pursuant to  this  subdivision  or
any  other  subdivision of this section shall be effective if authorized
by the governor of such state. The powers herein granted to either state
or any municipality, public authority, agency  or  commission  shall  be
construed  to be in aid of and not in limitation or in derogation of any
such powers heretofore or hereafter conferred upon or  granted  to  such
state, municipality, public authority, agency or commission. Any consent
by  a public authority, agency or commission shall be effective if given
by such public authority, agency or commission.
  8. The port authority shall be required to pay no taxes or assessments
upon any of the property, real or personal, acquired or used by  it  for
any  purpose  of this article or upon any lease, deed, mortgage or other
instrument affecting such property or upon the recording of any  instru-
ment  made  in  connection with the acquisition, development, financing,
lease, sale, transfer or other disposition or use of such property.
  9. The port authority shall not be subject to the jurisdiction of  any
municipality,  public  authority, agency or commission of either or both
of the two states  in  connection  with  the  acquisition,  development,
financing,  lease,  sale, transfer or other disposition of buses, ancil-
lary bus facilities or otherwise in connection with the purposes of this
article.
  10. The acquisition, development, financing, leasing,  sale,  transfer
or  other  disposition  by the port authority of buses and ancillary bus
facilities in accordance with this  article  are  and  will  be  in  all
respects  for  the benefit of the people of the said two states, for the
increase of their commerce and prosperity and  for  the  improvement  of
their  health,  safety  and  living conditions and shall be deemed to be
public purposes; and the port authority shall be regarded as  performing
an  essential  governmental  function  in  undertaking such acquisition,
development, financing, leasing, sale, transfer or other disposition  or
otherwise carrying out the provisions of this article.
  11. Any declarations contained herein with respect to the governmental
nature  and public purposes of the facilities authorized by this article
and to the exemption of such facilities and instruments relating thereto
from taxation and to the discretion of the port authority  with  respect
to  said  facilities  shall  not  be  construed to imply that other port
authority facilities, property and operations are not of a  governmental
nature  or  do  not  serve  public purposes, or that they are subject to
taxation, or that the determinations of the port authority with  respect
thereto are not conclusive.

S. 6478--A                         175

  12.  This subdivision and the preceding subdivisions hereof constitute
an agreement between the states of New York and New Jersey supplementary
to the compact between the two states dated  April  thirtieth,  nineteen
hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
construed  to effectuate the purposes of said compact and of the compre-
hensive plan heretofore adopted by the two states, and the powers grant-
ed to the port authority shall be construed to be in aid of and  not  in
limitation  or  in  derogation  of any other powers heretofore conferred
upon or granted to the port authority.
  S 31. Chapter 40-A of the  consolidated  laws  constituting  the  port
authority  of  New York and New Jersey created by section thirty 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 thirty 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 authority of New York and  New  Jersey  created  by  section
thirty of this act.
  S  32. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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  33.  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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