Bill Text: NY A09644 | 2023-2024 | General Assembly | Introduced
Bill Title: Constitutes chapter 28-A of the consolidated laws as the interstate authorities law; continues all operations of the Port Authority of New York and New Jersey; repeals chapters relating to the Port Authority of New York and New Jersey.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-26 - referred to corporations, authorities and commissions [A09644 Detail]
Download: New_York-2023-A09644-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9644 IN ASSEMBLY March 26, 2024 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to repeal chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey; to repeal chapter 43 of the laws 1922 relating to the development of the port of New York; to repeal chapter 47 of the laws of 1931 relating to bridges and tunnels in New York and New Jersey; to repeal chapter 700 of the laws of 1927 relat- ing to the veto power of the governor; to repeal chapter 48 of the laws of 1931 regulating the use of revenues received by the port of New York authority from or in connection with the operation of termi- nal and transportation facilities relating thereto; to repeal chapter 553 of the laws of 1931 relating to payment of a fair and reasonable sum by the port authority; to repeal chapter 876 of the laws of 1935 relating to the payment of a fair and reasonable sum for a change in grade; to repeal chapter 203 of the laws of 1938 relating to the sale of real property acquired by the port authority; to repeal chapter 163 of the laws of 1945 relating to motor truck terminals; to repeal chap- ter 352 of the laws of 1946 relating to monies for preliminary studies upon the interstate vehicular bridges known as the Outerbridge cross- ing, the Goethals bridge and the Bayonne bridge; to repeal chapter 443 of the laws of 1946 relating to the financing and effectuating of a motor bus terminal by the port authority; to repeal chapter 631 of the laws of 1947 relating to the development of marine terminals by the port authority; to repeal chapter 802 of the laws of 1947 relating to the financing of air terminals by the port authority; to repeal chap- ter 819 of the laws of 1947 relating to the port authority's ability to exercise the right of eminent domain; to repeal chapter 301 of the laws of 1950 relating to suits against the port authority; to repeal chapter 774 of the laws of 1950 relating to the rules and regulations governing traffic on vehicular crossings operated by the port authori- ty; to repeal chapter 206 of the laws of 1951 relating to traffic regulations for air and marine terminals; to repeal chapter 207 of the laws of 1951 relating to penalties for violation of rules and regu- lations; to repeal chapter 142 of the laws of 1953 relating to smoking regulations for air and marine terminals; to repeal chapter 143 of the laws of 1953 relating to suits on leases at International Airport; to repeal chapter 808 of the laws of 1955, relating to the Narrows EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04050-01-3A. 9644 2 bridge; to repeal chapter 444 of the laws of 1956 relating to New Jersey turnpike connections; to repeal chapter 638 of the laws of 1959, relating to the purchase, financing and rental of commuter rail- road cars by the port of New York authority and agreeing with the state of New Jersey with respect thereto; to repeal chapter 209 of the laws of 1962, relating to the financing and effectuation by the port of New York authority of a port development project, consisting of the Hudson tubes, the Hudson tubes extensions and a world trade center; to repeal chapter 665 of the laws of 1964, relating to the operation within the state of New York of the Hudson tubes and the Hudson tubes extensions; to repeal chapter 474 of the laws of 1971, relating to the authorization of the port of New York authority to provide access by mass transportation facilities to air terminals; to repeal chapter 651 of the laws of 1978, relating to the further coordination, facili- tation, promotion, preservation and protection of trade and commerce in and through the port of New York district through the financing and effectuation of industrial development projects therein by the port authority of New York and New Jersey, and agreeing with the state of New Jersey with respect thereto; to repeal chapter 12 of the laws of 1979, relating to the acquisition, development, financing and transfer of buses and related facilities by the port authority of New York and New Jersey and the utilization thereof; to repeal chapter 882 of the laws of 1953 relating to waterfront employment and air freight indus- try regulation; and relating to constituting chapter 28 of the consol- idated laws, in relation to the interstate authorities law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Chapter 154 of the laws of 1921, constituting the Port of 2 New York Authority, is REPEALED. 3 § 2. Chapter 43 of the laws of 1922 relating to the development of the 4 port of New York is REPEALED. 5 § 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in 6 New York and New Jersey is REPEALED. 7 § 4. Chapter 700 of the laws of 1927 relating to the veto power of the 8 governor is REPEALED. 9 § 5. Chapter 48 of the laws of 1931 regulating the use of revenues 10 received by the port of New York authority from or in connection with 11 the operation of terminal and transportation facilities is REPEALED. 12 § 6. Chapter 553 of the laws of 1931 relating to the payment of a fair 13 and reasonable sum by the port authority is REPEALED. 14 § 7. Chapter 876 of the laws of 1935 relating to the payment of a fair 15 and reasonable sum for a change in grade is REPEALED. 16 § 8. Chapter 203 of the laws of 1938 relating to the sale of real 17 property acquired by the port authority is REPEALED. 18 § 9. Chapter 163 of the laws of 1945 relating to motor truck terminals 19 is REPEALED. 20 § 10. Chapter 352 of the laws of 1946 relating to monies for prelimi- 21 nary studies upon the interstate vehicular bridges known as the Outer- 22 bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED. 23 § 11. Chapter 443 of the laws of 1946 relating to the financing and 24 effectuating of a motor bus terminal by the port authority is REPEALED. 25 § 12. Chapter 631 of the laws of 1947 relating to the development of 26 marine terminals by the port authority is REPEALED.A. 9644 3 1 § 13. Chapter 802 of the laws of 1947 relating to the financing of air 2 terminals by the port authority is REPEALED. 3 § 14. Chapter 819 of the laws of 1947 relating to the port authority's 4 ability to exercise the right of eminent domain is REPEALED. 5 § 15. Chapter 301 of the laws of 1950 relating to suits against the 6 port authority is REPEALED. 7 § 16. Chapter 774 of the laws of 1950 relating to the rules and regu- 8 lations governing traffic on vehicular crossings operated by the port 9 authority is REPEALED. 10 § 17. Chapter 206 of the laws of 1951, relating to traffic regulations 11 for air and marine terminals, is REPEALED. 12 § 18. Chapter 207 of the laws of 1951, relating to penalties for 13 violation of rules and regulations, is REPEALED. 14 § 19. Chapter 142 of the laws of 1953, relating to smoking regulations 15 for air and marine terminals, is REPEALED. 16 § 20. Chapter 143 of the laws of 1953, relating to suits on leases at 17 International Airport, is REPEALED. 18 § 21. Chapter 808 of the laws of 1955, relating to the Narrows bridge, 19 is REPEALED. 20 § 22. Chapter 444 of the laws of 1956, relating to New Jersey turnpike 21 connections, is REPEALED. 22 § 23. Chapter 638 of the laws of 1959, relating to the purchase, 23 financing and rental of commuter railroad cars by the port of New York 24 authority and agreeing with the state of New Jersey with respect there- 25 to, is REPEALED. 26 § 24. Chapter 209 of the laws of 1962, relating to the financing and 27 effectuation by the port of New York authority of a port development 28 project, consisting of the Hudson tubes, the Hudson tubes extensions and 29 a world trade center, is REPEALED. 30 § 25. Chapter 665 of the laws of 1964, relating to the operation with- 31 in the state of New York of the Hudson tubes and the Hudson tubes exten- 32 sions, is REPEALED. 33 § 26. Chapter 474 of the laws of 1971, relating to the authorization 34 of the port of New York authority to provide access by mass transporta- 35 tion facilities to air terminals, is REPEALED. 36 § 27. Chapter 651 of the laws of 1978, relating to the further coordi- 37 nation, facilitation, promotion, preservation and protection of trade 38 and commerce in and through the port of New York district through the 39 financing and effectuation of industrial development projects therein by 40 the port authority of New York and New Jersey, and agreeing with the 41 state of New Jersey with respect thereto, is REPEALED. 42 § 28. Chapter 12 of the laws of 1979, relating to the acquisition, 43 development, financing and transfer of buses and related facilities by 44 the port authority of New York and New Jersey and the utilization there- 45 of, is REPEALED. 46 § 29. Chapter 882 of the laws of 1953 relating to waterfront employ- 47 ment and air freight industry regulation is REPEALED. 48 § 30. Chapter 28-A of the consolidated laws is added to read as 49 follows: 50 CHAPTER 28-A OF THE CONSOLIDATED LAWS 51 INTERSTATE AUTHORITIES LAW 52 Article 53 1. Port Authority of New York and New JerseyA. 9644 4 1 2. The Waterfront and Airport Commission of New York and New Jersey 2 Compact 3 Article 1 - PORT AUTHORITY OF NEW YORK AND NEW JERSEY 4 TABLE OF CONTENTS 5 Part I. General Provisions (§§101-124) 6 Part II. Development of the Port of New York (§§201-206) 7 Part III. Bridges and tunnels in New York and New Jersey (§§301-309) 8 Part IV. Approval or veto power of the Governor (§§401-404) 9 Part V. Motor truck terminals (§§501-502) 10 Part VI. Payment and acceptance of a fair and reasonable sum 11 (§§601-602) 12 Part VII. Payment and acceptance of a fair and reasonable sum for a 13 change in grade (§701) 14 Part VIII. The sale of real property acquired by the Port Authority 15 (§§801-802) 16 Part IX. Moneys for preliminary studies (§§901-907) 17 Part X. Motor bus terminal (§§1001-1005) 18 Part XI. Marine terminals (§§1101-1108) 19 Part XII. Air terminals (§§1201-1216) 20 Part XIII. Eminent domain (§§1301) 21 Part XIV. Suits against the Port Authority (§§1401-1411) 22 Part XV. Traffic regulations for vehicular crossings (§§1501-1519) 23 Part XVI. Rules and regulations governing traffic on highways in Port 24 Authority air and marine terminals (§§1601-1613) 25 Part XVII. New York - New Jersey agreement (§§1701-1702) 26 Part XVIII. Smoking regulation for terminals (§§1801-1802) 27 Part XIX. Suits on lease at International Airport (§§1901-1905) 28 Part XX. Narrows bridge (§§2001-2014) 29 Part XXI. New Jersey turnpike connections (§§2101-2103) 30 Part XXII. Commuter railroad cars (§2201) 31 Part XXIII. World trade center (§2301) 32 Part XXIV. Suits against the Port Authority (§§2401-2402) 33 Part XXV. Rules and regulations governing operation of Hudson tubes 34 (§2501) 35 Part XXVI. Mass transportation facilities to air terminals (§§2601) 36 Part XXVII. Industrial development projects and facilities 37 (§§2701-2703) 38 Part XXVIII. Bus transportation (§§2801-2803) 39 Part XXIX. General reserve fund (§§2901-2903) 40 Article 2 - THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK 41 AND NEW JERSEY COMPACT 42 TABLE OF CONTENTS 43 Part I. The waterfront and airport commission of New York and New 44 Jersey compact (§§3001-3017) 45 Part II. Waterfront commission compact (§§3101-3123) 46 Part III. Commission established for New York state (§§3201-3204) 47 Part IV. Compact (§§3301-3311) 48 Part V. Officers and employees; civil penalties and enforcement 49 (§§3401-3410) 50 ARTICLE I 51 PORT AUTHORITY OF NEW YORK AND NEW JERSEYA. 9644 5 1 PART I 2 GENERAL PROVISIONS 3 Section 101. Short title. 4 102. Legislative intent. 5 103. Definitions. 6 104. Port authority of New York and New Jersey. 7 105. Port of New York district. 8 106. Commissioners and officers. 9 107. Power of the port authority. 10 108. Open meetings. 11 109. Copy of minutes. 12 110. Needs assessment. 13 111. Subsidiaries of the port authority. 14 112. Annual reporting. 15 113. Property disposition, debt issuance, capital plan and oper- 16 ating budget. 17 114. State of emergency; domestic companion animal. 18 115. Public meetings. 19 116. Minutes of public meetings. 20 117. Jurisdiction. 21 118. Powers of municipalities to develop or improve. 22 119. Comprehensive development. 23 120. Recommendations. 24 121. Expense of operations. 25 122. Port authority as an agency. 26 123. Notice of claim. 27 124. Regulations. 28 § 101. Short title. This chapter shall be known and may be cited as 29 the "port authority of New York and New Jersey act". 30 § 102. Legislative intent. William R. Willcox, Eugenius H. Outer- 31 bridge and Murray Hulbert, or any two of them, commissioners heretofore 32 appointed under chapter four hundred and twenty-six of the laws of nine- 33 teen hundred and seventeen of the state of New York, together with the 34 attorney-general of the state of New York, are hereby authorized as 35 commissioners upon the part of the state of New York to enter into, with 36 the state of New Jersey, by and through the commissioners appointed or 37 who may be appointed under or by virtue of a law of the legislature of 38 the state of New Jersey, an agreement or compact in the form following, 39 that is to say: 40 Whereas, In the year eighteen hundred and thirty-four the states of 41 New York and New Jersey did enter into an agreement fixing and determin- 42 ing the rights and obligations of the two states in and about the waters 43 between the two states, especially in and about the bay of New York and 44 the Hudson river; and 45 Whereas, Since that time the commerce of the port of New York has 46 greatly developed and increased and the territory in and around the port 47 has become commercially one center or district; and 48 Whereas, It is confidently believed that a better co-ordination of the 49 terminal, transportation and other facilities of commerce in, about and 50 through the port of New York, will result in great economies, benefiting 51 the nation, as well as the states of New York and New Jersey; and 52 Whereas, The future development of such terminal, transportation and 53 other facilities of commerce will require the expenditure of large sums 54 of money and the cordial co-operation of the states of New York and New 55 Jersey in the encouragement of the investment of capital, and in the 56 formulation and execution of the necessary physical plans; andA. 9644 6 1 Whereas, Such result can best be accomplished through the co-operation 2 of the two states by and through a joint or common agency. 3 Now, therefore, the said states of New Jersey and New York do supple- 4 ment and amend the existing agreement of eighteen hundred and thirty- 5 four in the following respects. 6 They agree to and pledge, each to the other, faithful co-operation in 7 the future planning and development of the port of New York, holding in 8 high trust for the benefit of the nation the special blessings and 9 natural advantages thereof. 10 § 103. Definitions. The following terms shall have the following 11 meanings unless otherwise provided: 12 1. "Board" means the board of commissioners of the port authority of 13 New York and New Jersey. 14 2. "Committee" or "committees" means any standing committee estab- 15 lished by the board tasked with, including, but not limited to, the 16 audit responsibility, governance responsibility and finance responsibil- 17 ity required to be established pursuant to this chapter. 18 3. "Consent, approval or recommendation of municipality" means wherev- 19 er the consent, approval or recommendation of a "municipality" is 20 required, the word "municipality" shall be taken to include any city or 21 incorporated village within the port district, and in addition in the 22 state of New Jersey any borough, town, township or any municipality 23 governed by an improvement commission within the district. Such consent, 24 approval or recommendation whenever required in the case of the city of 25 New York shall be deemed to have been given or made whenever the board 26 of estimate and apportionment of said city or any body hereafter 27 succeeding to its duties shall by a majority vote pass a resolution 28 expressing such consent, approval or recommendation; and in the case of 29 any municipality now or hereafter governed by a commission, whenever the 30 commission thereof shall by majority vote pass such a resolution; and in 31 all other cases whenever the body authorized to grant consent to the use 32 of the streets or highways of such municipality shall by a majority vote 33 pass such a resolution. 34 4. "Facility" shall include all works, buildings, structures, appli- 35 ances and appurtenances necessary and convenient for the proper 36 construction, equipment, maintenance and operation of such facility or 37 facilities or any one or more of them. 38 5. "To lease" shall include to rent or to hire. 39 6. "Meeting" means any gathering, whether corporeal or by means of 40 communication equipment, which is attended by, or open to, the board, 41 held with the intent, on the part of the board members present, to 42 discuss or act as a unit upon the specific public business of the 43 authority. "Meeting" does not mean a gathering (a) attended by less than 44 an effective majority of the board, or (b) attended by or open to all 45 the members of three or more similar public bodies at a convention or 46 similar gathering. 47 7. "News media" means persons representing major wire services, tele- 48 vision news services, radio news services and newspapers, whether 49 located in the state of New York or New Jersey or any other state. 50 8. "Personal property" shall include choses in action and all other 51 property now commonly or legally defined as personal property or which 52 may hereafter be so defined. 53 9. "Public business" means matters which relate in any way, directly 54 or indirectly, to the performance of the functions of the port authority 55 of New York and New Jersey or the conduct of its business.A. 9644 7 1 10. "Railroads" shall include railways, extensions thereof, tunnels, 2 subways, bridges, elevated structures, tracks, poles, wires, conduits, 3 power houses, substations, lines for the transmission of power, car- 4 barns, shops, yards, sidings, turn-outs, switches, stations and 5 approaches thereto, cars and motive equipment. 6 11. "Real property" shall include land under water, as well as 7 uplands, and all property either now commonly or legally defined as real 8 property or which may hereafter be so defined. 9 12. "Rule or regulation", until and unless otherwise determined by the 10 legislatures of both states, shall mean any rule or regulation not 11 inconsistent with the constitution of the United States or of either 12 state, and, subject to the exercise of the power of congress, for the 13 improvement of the conduct of navigation and commerce within the 14 district, and shall include charges, rates, rentals or tolls fixed or 15 established by the port authority; and until otherwise determined as 16 aforesaid, shall not include matters relating to harbor or river 17 pollution. Wherever action by the legislature of either state is herein 18 referred to, it shall mean an act of the legislature duly adopted in 19 accordance with the provisions of this chapter. 20 13. "Transportation facility" shall include railroads, steam or elec- 21 tric, motor truck or other street or highway vehicles, tunnels, bridges, 22 boats, ferries, car-floats, lighters, tugs, floating elevators, barges, 23 scows or harbor craft of any kind, air craft suitable for harbor 24 service, and every kind of transportation facility now in use or here- 25 after designed for use for the transportation or carriage of persons or 26 property. 27 14. "Terminal facility" shall include wharves, piers, slips, ferries, 28 docks, dry docks, bulkheads, dock-walls, basins, car-floats, float- 29 bridges, grain or other storage elevators, warehouses, cold storage, 30 tracks, yards, sheds, switches, connections, overhead appliances, and 31 every kind of terminal or storage facility now in use or hereafter 32 designed for use for the handling, storage, loading or unloading of 33 freight at steamship, railroad or freight terminals. 34 § 104. Port authority of New York and New Jersey. There is hereby 35 continued "the port authority of New York and New Jersey" ("port author- 36 ity"), which shall be a body corporate and politic, having the powers 37 and jurisdiction hereinafter enumerated, and such other and additional 38 powers as shall be conferred upon it by the legislature of either state 39 concurred in by the legislature of the other, or by act or acts of 40 congress, as hereinafter provided. 41 § 105. Port of New York district. To that end the two states do agree 42 that there shall be created and they do hereby create a district to be 43 known as the "port of New York district" (hereinafter referred to as 44 "the district") which shall embrace the territory bounded and described 45 as follows: 46 The district is included within the boundary lines located by connect- 47 ing points of known latitude and longitude. The approximate courses and 48 distances of the lines enclosing the district are recited in the 49 description, but the district is determined by drawing lines through the 50 points of known latitude and longitude. Beginning at a point A of lati- 51 tude forty-one degrees and four minutes north and longitude seventy- 52 three degrees and fifty-six minutes west, said point being about sixty- 53 five-hundredths of a mile west of the westerly bank of the Hudson river 54 and about two and one-tenth miles northwest of the pier at Piermont, in 55 the county of Rockland, state of New York; thence due south one and 56 fifteen-hundredths miles more or less to a point B of latitude forty-oneA. 9644 8 1 degrees and three minutes north and longitude seventy-three degrees and 2 fifty-six minutes west; said point being about one and three-tenths 3 miles northwest of the pier at Piermont, in the county of Rockland, 4 state of New York; thence south fifty-six degrees and thirty-four 5 minutes west six and twenty-six-hundredths miles more or less to a point 6 C of latitude forty-one degrees and no minutes north and longitude 7 seventy-four degrees and two minutes west, said point being about 8 seven-tenths of a mile north of the railroad station at Westwood, in the 9 county of Bergen, state of New Jersey; thence south sixty-eight degrees 10 and twenty-four minutes west nine and thirty-seven-hundredths miles more 11 or less to a point D of latitude forty degrees and fifty-seven minutes 12 north and longitude seventy-four degrees and twelve minutes west, said 13 point being about three miles northwest of the business center of the 14 city of Paterson, in the county of Passaic, state of New Jersey; thence 15 south forty-seven degrees and seventeen minutes west eleven and eighty- 16 seven-hundredths miles more or less to a point E of latitude forty 17 degrees and fifty minutes north and longitude seventy-four degrees and 18 twenty-two minutes west, said point being about four and five-tenths 19 miles west of the borough of Caldwell, in the county of Morris, state of 20 New Jersey; thence due south nine and twenty-hundredths miles more or 21 less to a point F of latitude forty degrees and forty-two minutes north 22 and longitude seventy-four degrees and twenty-two minutes west, said 23 point being about one and two-tenths miles southwest of the passenger 24 station of the Delaware, Lackawanna and Western railroad in the city of 25 Summit, in the county of Union, state of New Jersey; thence south 26 forty-two degrees and twenty-four minutes west, seven and seventy-eight- 27 hundredths miles more or less to a point G of latitude forty degrees and 28 thirty-seven minutes north and longitude seventy-four degrees and twen- 29 ty-eight minutes west, said point being about two and two-tenths miles 30 west of the business center of the city of Plainfield, in the county of 31 Somerset, state of New Jersey; thence due south twelve and sixty-five- 32 hundredths miles more or less on a line passing about one mile west of 33 the business center of the city of New Brunswick to a point H of lati- 34 tude forty degrees and twenty-six minutes north and longitude seventy- 35 four degrees and twenty-eight minutes west, said point being about four 36 and five-tenths miles southwest of the city of New Brunswick, in the 37 county of Middlesex, state of New Jersey; thence south seventy-seven 38 degrees and forty-two minutes east ten and seventy-nine-hundredths miles 39 more or less to a point I of latitude forty degrees and twenty-four 40 minutes north and longitude seventy-four degrees and sixteen minutes 41 west, said point being about two miles southwest of the borough of Mata- 42 wan, in the county of Middlesex, state of New Jersey; thence due east 43 twenty-five and forty-eight-hundredths miles more or less, crossing the 44 county of Monmouth, state of New Jersey, and passing about one and four- 45 tenths miles south of the pier of the Central Railroad of New Jersey at 46 Atlantic Highlands to a point J of latitude forty degrees and twenty- 47 four minutes north and longitude seventy-three degrees and forty-seven 48 minutes west, said point being in the Atlantic ocean; thence north elev- 49 en degrees fifty-eight minutes east twenty-one and sixteen-hundredths 50 miles more or less to a point K, said point being about five miles east 51 of the passenger station of the Long Island railroad at Jamaica and 52 about one and three-tenths miles east of the boundary line of the city 53 of New York, in the county of Nassau, state of New York; thence in a 54 northeasterly direction passing about one-half mile west of New Hyde 55 Park and about one and one-tenth miles east of the shore of Manhasset 56 bay at Port Washington, crossing Long Island sound to a point L, saidA. 9644 9 1 point being the point of intersection of the boundary line between the 2 states of New York and Connecticut and the meridian of seventy-three 3 degrees, thirty-nine minutes and thirty seconds west longitude, said 4 point being also about a mile northeast of the village of Port Chester; 5 thence northwesterly along the boundary line between the states of New 6 York and Connecticut to a point M, said point being the point of inter- 7 section between said boundary line between the states of New York and 8 Connecticut and the parallel of forty-one degrees and four minutes north 9 latitude, said point also being about four and five-tenths miles north- 10 east of the business center of the city of White Plains; thence due west 11 along said parallel, of forty-one degrees and four minutes north lati- 12 tude, the line passing about two and one-half miles north of the busi- 13 ness center of the city of White Plains and crossing the Hudson river to 14 the point A, the place of beginning. 15 The boundaries of said district may be changed from time to time by 16 the action of the legislature of either state concurred in by the legis- 17 lature of the other. 18 § 106. Commissioners and officers. 1. The port authority shall 19 consist of twelve commissioners, six resident voters from the state of 20 New York, at least four of whom shall be resident voters of the city of 21 New York, and six resident voters from the state of New Jersey, at least 22 four of whom shall be resident voters within the New Jersey portion of 23 the district, the New York members to be chosen by the state of New York 24 and the New Jersey members by the state of New Jersey in the manner and 25 for the terms fixed and determined from time to time by the legislature 26 of each state respectively, except as provided in this part. Each 27 commissioner may be removed or suspended from office as provided by the 28 law of the state from which he or she shall be appointed. 29 2. a. The officers of the port authority shall be a chairperson, a 30 vice chairperson, a chief executive officer, a general counsel, a chief 31 financial officer, a chief ethics and compliance officer, an inspector 32 general, a treasurer, a comptroller, and a secretary. Beginning upon the 33 next hiring of a chief executive officer but no later than a year from 34 the effective date of this article, the positions of chairperson and 35 vice chairperson shall be rotated for a term of two years among commis- 36 sioners appointed by New York and New Jersey, with a chairperson elected 37 first from among those commissioners appointed by the governor of New 38 York and a vice chairperson elected first from among those commissioners 39 appointed by the governor of New Jersey, after which the next chair- 40 person shall be elected from among those appointed by the governor of 41 New Jersey and the next vice chairperson shall be elected from among 42 those appointed by the governor of New York and thereafter the positions 43 of chairperson and vice chairperson shall rotate every two years in the 44 same order as established herein provided that the failure of the board 45 of commissioners to elect a new chairperson and vice chairperson shall 46 not prevent the rotation of the positions of chairperson and vice chair- 47 person to the next succeeding state. 48 b. No commissioner, including the chairperson, shall serve as the port 49 authority's chief executive officer, general counsel, chief financial 50 officer, chief ethics and compliance officer, inspector general, or 51 comptroller, or hold any other equivalent position while serving as a 52 commissioner. 53 3. a. The commissioners shall promulgate a commissioner's oath of 54 office in consultation with the chief ethics and compliance officer. 55 b. At the time that a commissioner of the port authority takes and 56 subscribes the commissioner's oath of office, or within sixty days afterA. 9644 10 1 the effective date of this subdivision if the commissioner has already 2 taken and subscribed the commissioner's oath of office, the commissioner 3 shall execute a statement declaring that the commissioner understands 4 the commissioner's independence and fiduciary obligation to perform 5 duties and responsibilities to the best of the commissioner's abilities, 6 in good faith and with proper diligence and care which an ordinarily 7 prudent person in like position would use under similar circumstances 8 and may take into consideration the views and policies of any elected 9 officials or bodies and ultimately apply independent judgment in the 10 best interest of the port authority, its mission, and the public, 11 consistent with the enabling compact, mission, and by-laws of the port 12 authority and the applicable laws of both states; and that the fiduciary 13 duty to the port authority is derived from and governed by its mission. 14 c. Individuals appointed to the board of commissioners shall partic- 15 ipate in training approved by the chief ethics and compliance officer in 16 consultation with the inspector general of the port authority regarding 17 their legal, fiduciary, financial and ethical responsibilities as direc- 18 tors of an authority within six months of appointment to the authority. 19 The commissioners shall participate in continuing training as may be 20 required to remain informed of best practices, regulatory and statutory 21 changes relating to the effective oversight of the management and finan- 22 cial activities of public authorities and to adhere to the highest stan- 23 dards of responsible governance. 24 d. (1) A commissioner shall not vote on or participate in any board or 25 committee discussions or decisions with respect to an item if the 26 commissioner, a member of the commissioner's immediate family, or a 27 business in which the commissioner has an interest has a direct or indi- 28 rect financial involvement that may reasonably be expected to impair the 29 commissioner's objectivity or independent judgment or that may reason- 30 ably create the appearance of impropriety. A commissioner shall report 31 such a need for recusal to the general counsel when it arises. The 32 public shall be informed of any recusals prior to any board action and 33 the minutes shall clearly reflect that recusal. 34 (2) For the purposes of this subdivision, the terms: 35 (i) "immediate family" shall mean: a spouse, parent, child, or 36 sibling; and 37 (ii) "interest" shall mean: (A) if the business organization is a 38 partnership, the board member or the board member's immediate family is 39 a partner or owner of ten percent or more of the assets of the partner- 40 ship, or (B) if the business organization is a corporation, the board 41 member or the board member's immediate family owns or controls ten 42 percent or more of the stock of the corporation, or serves as a director 43 or officer of the corporation. 44 e. (1) Notwithstanding any other provision of law to the contrary, the 45 commissioners, officers, and employees of the port authority shall file 46 annual financial disclosure statements as provided in this section. 47 (2)(i) The commissioners appointed by the governor of the state of New 48 York shall file annual financial disclosure statements pursuant to 49 section 73-a of the public officers law. 50 (ii) The commissioners appointed by the governor of the state of New 51 Jersey shall file annual financial disclosure statements as required by 52 New Jersey state law or executive order. 53 (iii) In addition to the financial disclosures required of the commis- 54 sioners, financial disclosures of employees shall, at a minimum, be 55 required of the chief executive officer, the chief ethics and compliance 56 officer, the chief financial officer, the general counsel, the comp-A. 9644 11 1 troller, treasurer, and the inspector general, employees who hold poli- 2 cy-making positions as determined by the general counsel of the port 3 authority, and employees whose base salary, either in the current or 4 previous year, exceeds $150,000, which amount shall be adjusted for 5 inflation annually in accordance with the consumer price index for all 6 urban wage earners and clerical workers (CPI-W) as calculated by the 7 federal government. These financial disclosures shall be updated not 8 less than annually and shall be made available on the port authority's 9 website. 10 f. The board of commissioners shall: 11 (1) adopt a mission statement that the port authority's mission is to 12 meet the critical transportation infrastructure needs of the bi-state 13 region's people, businesses, and visitors by providing the highest qual- 14 ity and most efficient transportation and port commerce facilities and 15 services to move people and goods within the region, provide access to 16 the nation and the world, and promote the region's economic development; 17 (2) adopt a code of conduct applicable to commissioners, employees, 18 and vendors and other contractors with the port authority based upon the 19 recommendations of the chief ethics and compliance officer that shall, 20 at minimum, include the applicable standards established by law in each 21 state; 22 (3) establish a whistleblower access and assistance program protecting 23 employees from retaliation for disclosing information concerning acts of 24 wrongdoing, misconduct, malfeasance, or other inappropriate conduct 25 based upon the recommendations of the chief ethics and compliance offi- 26 cer; 27 (4) establish a policy requiring all commissioners, officers, and 28 employees with decision-making authority to maintain records regarding 29 contact with lobbyists. As used in this subsection: (i) "contact" means 30 any conversation, in person or by telephonic or other electronic means, 31 or correspondence between any lobbyist engaged in the act of lobbying 32 and any person within the port authority who can make or influence a 33 decision on the subject of the lobbying on the behalf of the port 34 authority, and shall include, at a minimum, all members of the board of 35 commissioners and all officers of the port authority, (ii) "lobbyist" 36 shall have the same meaning as defined in the laws or, rules or regu- 37 lations of either state, and (iii) "lobbying" shall mean and include any 38 attempt to influence: (a) the adoption or rejection of any rule or regu- 39 lation having the force and effect of law by the port authority, (b) the 40 outcome of any proceeding by the port authority to establish, levy or 41 collect fees, tolls, charges or fares, and (c) the authorization, 42 approval or award of any agreements, contracts or purchase orders, 43 including any settlement of port authority claims, or any extension, 44 amendment or modification of any existing agreement, contract or order; 45 and 46 (5) have an efficiency study of the port authority and its operations 47 conducted by an independent entity within three years of the effective 48 date of this section and thereafter upon the request of the governors of 49 New York and New Jersey, and if no request is made, no later than three 50 years after the most recent efficiency study was conducted. 51 4. a. The board of commissioners shall establish a committee structure 52 that shall include, but need not be limited to, the following responsi- 53 bilities: 54 (1) a governance responsibility to be assigned to a committee 55 comprised of not fewer than three commissioners, who shall constitute a 56 majority on the committee, and who shall possess the necessary skills toA. 9644 12 1 undertake the governance duties and functions. It shall be the responsi- 2 bility of the members of this committee to: keep the board informed of 3 current best governance practices; review corporate governance trends; 4 update the port authority's corporate governance principles; examine 5 ethical and conflict of interest issues; perform board self-evaluations; 6 investigate term limits, reappointments, and board responsibilities; 7 develop by-laws which include rules and procedures for the conduct of 8 board business; and advise the port authority on the skills and experi- 9 ences required of potential commissioners; 10 (2) an audit responsibility to be assigned to a committee comprised of 11 not fewer than three commissioners, who shall constitute a majority on 12 the committee, and who shall possess the necessary skills to undertake 13 the audit duties and functions. It shall be the responsibility of the 14 members of this committee to: recommend to the board the hiring of an 15 independent firm of certified public accountants to audit the financial 16 statements of the port authority; establish the compensation to be paid 17 to the accounting firm; and provide direct oversight of the annual inde- 18 pendent financial audit performed by the accounting firm hired for 19 auditing purposes. Members of this committee shall be familiar with 20 corporate financial and accounting practices and shall be financially 21 literate about applicable financial laws, rules, regulations, and stand- 22 ard industry practices; and 23 (3) a finance responsibility to be assigned to a committee comprised 24 of not fewer than three commissioners, who shall constitute a majority 25 on the committee, and who shall possess the necessary skills to under- 26 take the finance duties and functions. It shall be the responsibility of 27 the members of this committee to oversee and approve the issuance of 28 debt that the port authority or its subsidiaries issue. 29 b. Every committee established by the board of commissioners shall 30 promulgate a written charter to be approved by the board. Each charter 31 promulgated in accordance with this subdivision shall be made available 32 to the public and posted on the port authority's website. 33 5. a. The chief ethics and compliance officer shall recommend to the 34 board of commissioners a whistleblower access and assistance program to 35 be administered by the inspector general which shall include, but not be 36 limited to: 37 (1) establishing toll-free telephone and facsimile lines available to 38 employees; 39 (2) offering advice regarding employee rights under applicable state 40 and federal laws and advice and options available to all persons; and 41 (3) offering an opportunity for employees to identify concerns regard- 42 ing any issue at the port authority. Any communication between an 43 employee and the inspector general pursuant to this section shall be 44 held strictly confidential by the inspector general, unless the employee 45 specifically waives in writing the right to confidentiality, except that 46 such confidentiality shall not exempt the inspector general from 47 disclosing such information, where appropriate, to the board of commis- 48 sioners and/or any law enforcement authority. 49 b. The port authority shall not fire, discharge, demote, suspend, 50 threaten, harass, or discriminate against an employee because of the 51 employee's role as a whistleblower, insofar as the actions taken by the 52 employee are legal. 53 c. As used in this subdivision: 54 (1) "Employees" means those persons employed at the port authority, 55 including but not limited to: full-time and part-time employees, those 56 employees on probation, and temporary employees.A. 9644 13 1 (2) "Whistleblower" means any employee of the port authority who 2 discloses information concerning acts of wrongdoing, misconduct, malfea- 3 sance, or other inappropriate behavior by an employee or board member of 4 the port authority, concerning the port authority's investments, travel, 5 acquisition of real or personal property, the disposition of real or 6 personal property, or the procurement of goods and services. 7 6. a. The inspector general shall be responsible for receiving and 8 investigating, where appropriate, all complaints regarding fraud, waste, 9 and abuse by commissioners, officers, and employees of the port authori- 10 ty or third-parties doing business with the port authority. The inspec- 11 tor general shall also be responsible for conducting investigations upon 12 the inspector general's own initiative, as the inspector general shall 13 deem appropriate. 14 b. The inspector general shall inform the board of commissioners and 15 the chief executive officer of allegations received by the inspector 16 general and the progress of investigations related thereto, unless 17 special circumstances require confidentiality; 18 c. The inspector general shall determine with respect to allegations 19 received by the inspector general whether disciplinary action or civil 20 prosecution by the port authority is appropriate, and whether the matter 21 should be referred to an appropriate governmental agency for further 22 action; 23 d. The inspector general shall prepare and make available to the 24 public written reports of completed investigations, as appropriate and 25 to the extent permitted by law, subject to redactions to protect a need 26 for confidentiality. The release of all or portions of reports may be 27 deferred to protect the confidentiality of ongoing investigations. 28 e. The inspector general shall have the power to: 29 (1) administer oaths or affirmations and examine witnesses under oath; 30 (2) require the production of any books and papers deemed relevant or 31 material to any investigation, examination or review; 32 (3) notwithstanding any law to the contrary, examine and copy or 33 remove documents or records of any kind prepared, maintained or held by 34 the port authority and its subsidiaries; 35 (4) interview any officer or employee of the port authority or its 36 subsidiaries on any matter related to the performance of such officer or 37 employee's official duties. To the extent that any portion of this para- 38 graph is inconsistent with any current contractual obligations of the 39 port authority, this paragraph shall not be applicable to those obli- 40 gations until the earliest expiration of those terms under the contract; 41 (5) monitor the implementation by the port authority of any recommen- 42 dations made by the inspector general; and 43 (6) perform any other functions that are necessary or appropriate to 44 fulfill the duties and responsibilities of office. 45 7. The commissioners shall, for the purpose of doing business, consti- 46 tute a board and may adopt suitable by-laws for its management. 47 8. The port authority shall elect a chair, vice-chair, and may appoint 48 such officers and employees as it may require for the performance of its 49 duties, and shall fix and determine their qualifications and duties. 50 § 107. Power of the port authority. 1. The port authority shall 51 constitute a body, both corporate and politic, with full power and 52 authority to purchase, construct, lease and/or operate any terminal or 53 transportation facility within said district; and to make charges for 54 the use thereof: and for any of such purposes to own, hold, lease and/or 55 operate real or personal property, to borrow money and secure the same 56 by bonds or by mortgages upon any property held or to be held by it. NoA. 9644 14 1 property now or hereafter vested in or held by either state, or by any 2 county, city, borough, village, township or other municipality, shall be 3 taken by the port authority, without the authority or consent of such 4 state, county, city, borough, village, township or other municipality, 5 nor shall anything herein impair or invalidate in any way any bonded 6 indebtedness of such state, county, city, borough, village, township or 7 other municipality, nor impair the provisions of law regulating the 8 payment into sinking funds of revenues derived from municipal property, 9 or dedicating the revenues derived from any municipal property to a 10 specific purpose. 11 2. The powers granted in this part shall not be exercised by the port 12 authority until the legislatures of both states shall have approved of a 13 comprehensive plan for the development of the port as hereinafter 14 provided. 15 3. The port authority shall have such additional powers and duties as 16 may hereafter be delegated to or imposed upon it from time to time by 17 the action of the legislature of either state concurred in by the legis- 18 lature of the other. Unless and until otherwise provided, it shall make 19 an annual report to the legislature of both states, setting forth in 20 detail the operations and transactions conducted by it pursuant to this 21 agreement and any legislation thereunder. The port authority shall not 22 pledge the credit of either state except by and with the authority of 23 the legislature thereof. 24 § 108. Open meetings. 1. All meetings of the port authority shall be 25 open to the public and members of the news media, individually and 26 collectively, for the purpose of observing the full details of all phas- 27 es of the deliberation, policy-making, and decision-making of the board, 28 except for an executive session initiated upon a majority vote taken in 29 an open meeting pursuant to a motion. The board of commissioners may 30 exclude the public only from that portion of a meeting at which the 31 board of commissioners discusses any: 32 a. matter in which the release of information would impair a right to 33 receive funds from government of the United States; 34 b. material the disclosure of which would constitute an unwarranted 35 invasion of individual or personal privacy; 36 c. collective bargaining agreement, or the terms and conditions which 37 are proposed for inclusion in any collective bargaining agreement, 38 including the negotiation of the terms and conditions thereof with 39 employees or representatives of employees of the port authority; 40 d. matter involving the purchase, lease, or acquisition of real prop- 41 erty with port authority funds, the proposed acquisition of securities, 42 the sale or exchange of securities held by the port authority, or the 43 investment of port authority funds, if public discussion of the matter 44 would adversely affect the public interest; 45 e. matter which would imperil the public safety if disclosed; 46 f. pending or anticipated litigation or contract negotiation in which 47 the port authority is, or may become, a party, or matters falling within 48 the attorney-client privilege, to the extent that confidentiality is 49 required for the attorney to exercise the attorney's ethical duties as a 50 lawyer; 51 g. contract negotiations disclosure of which would imperil the port 52 authority's position or an outcome in the best interest of the authori- 53 ty, its mission, and the public; 54 h. matter involving the employment, appointment, termination of 55 employment, terms and conditions of employment, evaluation of the 56 performance of, promotion or disciplining of any specific prospectiveA. 9644 15 1 officer or employee or current officer or employee employed or appointed 2 by the port authority, unless all the individual employees or appointees 3 whose rights could be adversely affected request in writing that the 4 matter or matters be discussed at a public meeting; or 5 i. deliberation of the port authority occurring after a public hearing 6 that may result in the imposition of a specific civil penalty upon the 7 responding party or the suspension or loss of a license or permit 8 belonging to the responding party as a result of an act of omission for 9 which the responding party bears responsibility. 10 2. The port authority shall make meeting agendas available to the 11 public at least 72 hours before each meeting of the board and each meet- 12 ing of each committee. In addition, the port authority shall send via 13 electronic mail the agenda and public documents pertaining to a board or 14 committee meeting to the public information office of each state's 15 legislature at least 72 hours before the meeting. Public notice of the 16 time and place of a meeting shall be provided to appropriate media 17 outlets, shall be conspicuously posted in one or more designated areas, 18 and shall be conspicuously posted via the port authority's official 19 website at least five business days before the meeting. 20 3. The port authority shall make available to the public documents in 21 the following manner: the agenda and public documents pertaining to a 22 board or committee meeting shall be available for public inspection at 23 an office of the port authority; and the agenda and public documents 24 pertaining to a board or committee meeting shall be posted on the port 25 authority's website. 26 4. At each public meeting of the board and at each public meeting of 27 each committee, the public shall be allotted at least 30 minutes to 28 speak on any topic on the agenda. The board or committee shall expand 29 the comment time when necessary to provide a reasonable opportunity for 30 the public to comment. The public speaking period shall take place prior 31 to any board or committee action. 32 5. The port authority shall keep reasonably comprehensible minutes of 33 all its meetings showing the time and place, the members present, the 34 subjects considered, the actions taken, and the vote of each member. The 35 minutes shall be available to the public within two weeks from the date 36 of the meeting to the extent that public disclosure shall not be incon- 37 sistent with subdivision one of this section. The minutes shall indicate 38 for each item on the agenda the vote or recusal of each board member in 39 attendance at an open meeting, or an executive session of the board or a 40 committee of the board. Each item on the agenda shall be voted on sepa- 41 rately. 42 6. The port authority shall make or cause to be made all reasonable 43 efforts to ensure that meetings are held in facilities that permit 44 barrier-free physical access to people with disabilities. If the board 45 determines to use video conferencing or similar technology to conduct 46 its meeting, it shall provide an opportunity for the public to attend, 47 listen and observe such a meeting. 48 § 109. Copy of minutes. 1. The port authority shall file with the 49 temporary president and minority leader of the senate and the speaker 50 and minority leader of the assembly, the chairman of the assembly ways 51 and means committee and the chairman of the senate finance committee of 52 the state of New York and the president, minority leader and secretary 53 of the senate and the speaker, minority leader and clerk of the general 54 assembly of the state of New Jersey a copy of the minutes of any action 55 taken at any public meeting of the port authority. Such filing shall be 56 made on the same day such minutes are transmitted to the governor ofA. 9644 16 1 each state for review; and notice of such filing shall be provided to 2 the governor of each state at the same time. Failure to effectuate any 3 such filing shall not impair the ability of the authority to act pursu- 4 ant to a resolution of its board. Such filing shall not apply to any 5 minutes required to be filed pursuant to section twenty of former chap- 6 ter six hundred fifty-one of the laws of nineteen hundred seventy-eight. 7 2. The temporary president and minority leader of the senate, the 8 speaker and minority leader of the assembly, the chairman of the assem- 9 bly ways and means committee and the chairman of the senate finance 10 committee of the state of New York and the speaker and minority leader 11 of the general assembly and the president and the minority leader of the 12 senate of the state of New Jersey, or representatives designated by them 13 in writing for this purpose, may by certificate filed with the secretary 14 of the port authority waive the foregoing filing requirement with 15 respect to any specific minutes. 16 § 110. Needs assessment. 1. The port authority shall require that a 17 needs assessment be conducted by an independent entity prior to any 18 increase in tolls for the use of any port authority bridge or tunnel, or 19 fares for the use of the port authority trans-Hudson corporation rail 20 system. The assessment shall be presented by the independent entity to 21 the board of commissioners at a public meeting to be held at least nine- 22 ty days prior to any meeting of the board of commissioners to vote to 23 any increase in the tolls for the use of any port authority bridge or 24 tunnel, or fares for the use of the port authority trans-Hudson corpo- 25 ration rail system. 26 2. Not less than 30 days and not more than 90 days prior to any vote 27 or action taken by the board of commissioners relating to any increase 28 in the tolls for the use of any port authority bridge or tunnel, or 29 fares for the use of the port authority trans-Hudson corporation rail 30 system, the port authority shall conduct at least six public hearings in 31 the manner prescribed as follows: 32 a. Locations for public hearings shall be selected in such a way as to 33 be geographically accessible to a majority of users of the facility or 34 facilities to be impacted by the toll or fare increase, as determined by 35 port authority data, provided that at least one hearing shall be held in 36 each state. 37 b. At least 72 hours before the first hearing held pursuant to this 38 section, the port authority shall make the following information avail- 39 able to the public, including posting on the port authority's official 40 website: 41 (1) a written explanation of why the increase in tolls or fares is 42 necessary; 43 (2) the amount of revenue expected to be generated from the increase 44 in tolls or fares; and 45 (3) a detailed explanation of how the revenues raised from the 46 increase in tolls or fares is expected to be spent. 47 c. Each hearing shall be attended by at least two commissioners from 48 New York and two commissioners from New Jersey in office at the time of 49 the hearing. 50 d. The port authority shall hold no more than one public hearing in a 51 single day, and at least one-half of the public hearings shall be sched- 52 uled to begin after 6:30 p.m., eastern standard time, on a weekday. 53 e. The port authority shall ensure that each of the requirements set 54 forth in this subdivision shall be complied with before placing on the 55 meeting agenda of the board of commissioners any item or matter relating 56 to an increase in tolls or fares.A. 9644 17 1 § 111. Subsidiaries of the port authority. 1. The port authority shall 2 provide notice to the governor of each state, the majority leader of 3 each house of the legislature of each state, the chair of the finance 4 committee of New York, the chair of the senate budget and appropriations 5 committee of New Jersey, the chair of assembly ways and means committee 6 of New York, and the chair of the budget committee of New Jersey that it 7 will be creating a subsidiary no less than 60 days prior to the forma- 8 tion of the subsidiary. 9 2. The creation of a subsidiary corporation shall be approved by the 10 board of commissioners. 11 3. On or before the first day of January, two thousand sixteen, and 12 annually thereafter, any subsidiary corporation, in cooperation with the 13 port authority, shall provide to the governor and legislature of each 14 state a report on the subsidiary corporation. Such report shall include 15 for each subsidiary: 16 a. The complete legal name, address and contact information of the 17 subsidiary; 18 b. The structure of the organization of the subsidiary, including the 19 names and titles of each of its members, directors and officers, as well 20 as a chart of its organizational structure; 21 c. The complete by-laws and legal organization papers of the subsid- 22 iary; 23 d. A complete report of the purpose, operations, mission and projects 24 of the subsidiary; and 25 e. Any other information the subsidiary corporation deems important to 26 include in such report. 27 § 112. Annual reporting. 1. The port authority shall publish a 28 comprehensive annual financial report, submitted annually to the gover- 29 nors and state legislatures of New York and New Jersey and made avail- 30 able on the port authority's website within 120 days after the end of 31 its fiscal year. The annual report shall include the agency's financial 32 statements, statistical and other regional data, and a narrative of the 33 agency's activities during the year of the report. The annual report 34 shall include: 35 a. an introductory section including: (1) a letter of transmittal to 36 the governors of New York and New Jersey; (2) information regarding the 37 board of commissioners, port authority officers and executive manage- 38 ment; (3) a letter to the board of commissioners from the chief execu- 39 tive officer of the port authority highlighting important developments; 40 (4) a description of major agency activities undertaken during the prior 41 year; and (5) a letter to the board of commissioners from the chief 42 financial officer of the port authority with respect to the consolidated 43 financial statements of the port authority. 44 b. a financial section including: (1) an independent auditor's report; 45 (2) management's discussion and analysis; (3) financial statements; (4) 46 its financial reports certified by the chair and vice-chair of the 47 board, chief executive officer, and chief financial officer of the port 48 authority, including (a) audited financials in accordance with generally 49 accepted accounting principles, known as GAAP, and the accounting stand- 50 ards issued by the governmental accounting standards board, known as 51 GASB, (b) grant and subsidy programs, (c) current ratings, if any, of 52 its bonds issued by recognized bond rating agencies and notice of chang- 53 es in such ratings, and (d) long-term liabilities, including leases and 54 employee benefit plans; (5) a schedule of its bonds and notes outstand- 55 ing at the end of its fiscal year, together with a statement of the 56 amounts redeemed and incurred during such fiscal year as part of a sche-A. 9644 18 1 dule of debt issuance that includes the date of issuance, term, amount, 2 interest rate and means of repayment including all refinancings, calls, 3 refundings, defeasements and interest rate exchange or other such agree- 4 ments; and (6) at a minimum a four-year financial plan, including (a) a 5 current and projected capital budget, and (b) an operating budget 6 report, including an actual versus estimated budget, with an analysis 7 and measurement of financial and operating performance. 8 c. a statistical section presenting additional information as context 9 for further understanding of the information in the financial state- 10 ments, note disclosures and schedules, including (1) financial trends; 11 (2) debt capacity; (3) operating and service data; (4) information on 12 port authority operating results; (5) information on port authority 13 capital program components; (6) information on port authority facility 14 traffic; and (7) selected statistical, demographic and economic data on 15 the New York-New Jersey metropolitan region. 16 d. a corporate information section providing: (1) a list of all real 17 property of the port authority; (2) a list and full description of real 18 property and personal property that has a sale price of over $10,000 19 disposed of during the period, including the price received by the port 20 authority and the name of the purchaser for all property sold by the 21 port authority during the period; (3) a compensation schedule that shall 22 include, by position, title and name of the person holding such position 23 or title, the salary, compensation, allowance and/or benefits provided 24 to any officer, director or employee in a decision making or managerial 25 position of such authority whose base salary is in excess of $150,000; 26 (4) biographical information, not including confidential personal infor- 27 mation, for all directors and officers and employees for whom salary 28 reporting is required; (5) a description of the authority and its board 29 structure, including (a) names of committees and committee members, (b) 30 lists of board meetings and attendance, (c) descriptions of major 31 authority units, subsidiaries, and (d) number of employees; (6) its 32 mission statement, charter, if any, and by-laws; and (7) a description 33 of any material pending litigation in which the port authority is 34 involved as a party during the reporting year. 35 2. a. The port authority shall prepare financial statements on an 36 annual basis, in accordance with generally accepted accounting princi- 37 ples, known as GAAP, and the accounting standards issued by the govern- 38 mental accounting standards board, known as GASB. 39 b. The audit committee of the board of commissioners of the port 40 authority shall arrange for an independent firm of certified public 41 accountants to perform an audit of the financial statements of the port 42 authority each year, in accordance with generally accepted accounting 43 principles and standards referenced in paragraph a of this subdivision. 44 Each independent firm of certified public accountants that performs any 45 audit required by this article shall timely report to the audit commit- 46 tee of the port authority: (1) all critical accounting policies and 47 practices to be used; and (2) other material written communications, 48 that is not privileged or confidential, between the independent firm of 49 certified public accountants and the management of the port authority, 50 including the management letter along with management's response or plan 51 of corrective action, material corrections identified or schedule of 52 unadjusted differences. 53 c. Every financial statement prepared pursuant to this subdivision 54 shall be approved by the board of commissioners. As a condition to the 55 issuance of the annual financial statements of the port authority, the 56 chief executive officer and the chief financial officer of the portA. 9644 19 1 authority shall be required to make a written certification to that 2 effect that, to the best of their knowledge and belief, the financial 3 and other information in the consolidated financial statements is accu- 4 rate in all material respects and has been reported in a manner designed 5 to present fairly the port authority's net assets, changes in net 6 assets, and cash flows, in accordance with generally accepted accounting 7 principles and standards referenced in paragraph a of this subdivision; 8 and, that on the basis that the cost of internal controls should not 9 outweigh their benefits, the port authority has established a comprehen- 10 sive framework of internal controls to protect its assets from loss, 11 theft, or misuse, and to provide reasonable (rather than absolute) 12 assurance regarding the reliability of financial reporting and the prep- 13 aration of the consolidated financial statements in accordance with 14 generally accepted accounting principles and standards referenced in 15 paragraph a of this subdivision. 16 d. Notwithstanding any other provision of law to the contrary, the 17 port authority shall not contract with an independent firm of certified 18 public accountants for audit services to the authority if the lead or 19 coordinating audit partner having primary responsibility for the audit, 20 or the audit partner responsible for reviewing the audit, has performed 21 audit services for the two previous fiscal years of such authority. 22 e. The port authority shall not contract with the independent firm of 23 certified public accountants performing the port authority's audit for 24 any non-audit services to such authority contemporaneously with the 25 audit, unless receiving previous written approval by the audit committee 26 including: (1) bookkeeping or other services related to the accounting 27 records or financial statements of such authority; (2) financial infor- 28 mation systems design and implementation; (3) appraisal or valuation 29 services, fairness opinions, or contribution-in-kind reports; (4) actu- 30 arial services; (5) internal audit outsourcing services; (6) management 31 functions or human services; (7) broker or dealer, investment advisor, 32 or investment banking services; and (8) legal services and expert 33 services unrelated to the audit. 34 f. The port authority shall not contract with an independent firm of 35 certified public accountants for any audit service if the chief execu- 36 tive officer, comptroller, chief financial officer, treasurer, or any 37 other person serving in an equivalent position for the authority, was 38 employed by that independent firm of certified public accountants and 39 participated in any capacity in the audit of the authority during the 40 one year period preceding the date of the initiation of the audit. 41 3. The port authority shall make accessible to the public via its 42 website an executive summary of its most recent independent audit report 43 unless such information is exempt from disclosure pursuant to either 44 state's freedom of information laws. 45 § 113. Property disposition, debt issuance, capitol plan and operating 46 budget. 1. Any sale of real property by the port authority shall be 47 undertaken and conducted pursuant to the provisions of the existing laws 48 governing the sale of real property by the port authority in the state 49 in which such real property is located and by approval of the board of 50 commissioners. 51 a. No disposition of real property, or any interest in real property, 52 shall be made unless an appraisal of the value of such real property has 53 been made by an independent appraiser and included in the record of the 54 transaction, and, provided further, that no disposition of any other 55 real property, which because of its unique nature or the unique circum- 56 stances of the proposed transaction is not readily valued by referenceA. 9644 20 1 to an active market for similar real property, shall be made without a 2 similar appraisal. 3 b. Disposal of real property for less than fair market value. No prop- 4 erty owned, leased, or otherwise in the control of the port authority 5 may be sold, leased, or otherwise alienated for less than its fair 6 market value unless: 7 (1) the transferee is a government or other public entity, and the 8 terms and conditions of the transfer require that the ownership and use 9 of the real property will remain with the government or any other public 10 entity; or 11 (2) the purpose of the transfer is within the purpose, mission, or 12 governing statute of the port authority and a written determination is 13 made by the board of commissioners that there is no reasonable alterna- 14 tive to the proposed below-market transfer that would achieve the same 15 purpose of such transfer, prior to board approval of such a transfer. 16 c. The board shall adopt, within six months of the effective date of 17 this article, appropriate rules and regulations concerning disposition, 18 acquisition, and transfer of real property or any interest in real prop- 19 erty by the port authority which shall, at a minimum, include a require- 20 ment that the following information be made available to the board of 21 commissioners at the meeting where approval of such a disposition, 22 acquisition or transfer is scheduled: 23 (1) a full description of the property; 24 (2) a description of the purpose of the disposition, acquisition, or 25 transfer; 26 (3) a statement of the value to be received from such a disposition, 27 acquisition, or transfer; 28 (4) the names of any private parties participating in the disposition, 29 acquisition, or transfer; and 30 (5) in the case of a property disposition for less than fair market 31 value, an explanation and a written determination by the board of 32 commissioners that there is no reasonable alternative to the proposed 33 below-market value that would achieve the same purpose of such disposi- 34 tion. 35 d. Not less than ten days in advance of any meeting of the board of 36 commissioners of the port authority at which the board of commissioners 37 is to consider an action to authorize the sale of real property owned by 38 the port authority, the chief executive officer of the port authority 39 shall provide public notice of such proposed action along with relevant 40 material terms and provisions of such sale including, but not limited 41 to, the information made available pursuant to paragraph c of this 42 subdivision, by posting on the port authority's website. 43 e. The chief executive officer may authorize or arrange for contracts 44 for the sale of personal property owned by the port authority or arrange 45 for contracts for the sale of personal property owned by the port 46 authority upon such terms and conditions as the chief executive officer 47 may deem proper and execute the same on behalf of the port authority 48 where the value of such personal property is not in excess of one 49 million dollars; provided, however, that personal property valued at 50 more than $250,000 shall not be sold by authority of the chief executive 51 officer other than to the highest bidder after public advertisement. 52 Where the value of such personal property is in excess of $1,000,000, 53 the sale of such property must be authorized by the board of commission- 54 ers of the port authority upon such terms as the board of commissioners 55 may deem proper.A. 9644 21 1 f. The port authority may retain brokers or third-party vendors that 2 facilitate online auctions, or assist in disposing of surplus real and 3 personal property of the port authority. 4 2. a. The issuance of any bonds, notes or other instruments of indebt- 5 edness by the port authority shall be undertaken in a manner consistent 6 with applicable laws governing the port authority and covenants with the 7 holders of the port authority's bonds, notes or other instruments of 8 indebtedness. 9 b. At least sixty days prior to the end of its fiscal year, the port 10 authority shall submit to the governor, state comptroller, and legisla- 11 ture of each state a statement of intent in regards to the issuance of 12 and overall amount of bonds, notes, or other debt obligations antic- 13 ipated, at the time the statement is submitted, during the next fiscal 14 year. 15 3. The port authority shall adopt a ten-year capital plan that is 16 developed using a comprehensive planning process and risk-based priori- 17 tization that considers asset condition, operational and revenue impact, 18 threat assessment, customer service, regional benefit, and regulatory or 19 statutory requirements. The capital plan shall be dependent upon the 20 availability of sufficient funding and other resources to pursue the 21 capital projects proposed for the ten-year period. Performance progress 22 and revisions to reflect changes in programs, policies and projects and 23 the environment in which the port authority operates shall be reviewed 24 regularly by a committee designated by the board of commissioners, and 25 the capital plan shall be revised periodically as necessary and appro- 26 priate, and shall be reviewed with the board of commissioners annually. 27 The port authority shall publish an annual report on the status of the 28 capital program and such report shall be made publicly available on the 29 port authority's website. Prior to adoption of a capital plan, the port 30 authority shall make such proposed plan available for public review and 31 comments on its public website for at least two weeks prior to approval, 32 and all comments received are to be distributed to the board of commis- 33 sioners for review prior to consideration of the capital plan. 34 4. The port authority shall prepare a detailed annual operating budget 35 beginning with the fiscal year after the enactment into law legislation 36 having identical effect by the state of New Jersey. A preliminary annu- 37 al operating budget shall be made publicly available on the port author- 38 ity's website in July of every fiscal year and a final annual operating 39 budget shall be made publicly available in February of each fiscal year. 40 § 114. State of emergency; domestic companion animal. 1. a. For the 41 purposes of this section: 42 (1) "Domestic companion animal" means a companion animal or pet as 43 defined in section three hundred fifty of the agriculture and markets 44 law and shall also mean any other domesticated animal normally main- 45 tained in or near the household of the owner or person who cares for 46 such other domesticated animal. "Pet" or "companion animal" shall not 47 include a "farm animal," as defined in section three hundred fifty of 48 the agriculture and markets law. 49 (2) "Public transportation or public transportation service" means 50 rail passenger service, motorbus regular route service, paratransit 51 service, motorbus charter service, and ferry passenger service. 52 b. (1) In the event that a state of emergency has been declared and an 53 evacuation of any region of the state is in progress, the owner of a 54 domestic companion animal shall be permitted to board any public trans- 55 portation or public transportation service with the domestic companion 56 animal so long as that animal is under the owner's control by use of aA. 9644 22 1 leash or tether, or is properly confined in an appropriate container or 2 by other suitable means, provided that such boarding is authorized by 3 and consistent with the provisions of state disaster emergency plans or 4 local state of emergency plans pertaining to the needs of animals and 5 individuals with an animal under their care. The provisions of this 6 article shall only apply to the owners of domestic companion animals who 7 are evacuating from a region of the state affected by the emergency or 8 local disaster emergency as defined in section twenty of the executive 9 law, or a local state of emergency, as defined in section twenty-four of 10 the executive law. 11 (2) A domestic companion animal may be refused permission to board any 12 public transportation or public transportation service, even if the 13 animal is under the owner's control or properly confined in accordance 14 with this paragraph if there is reasonable cause to believe that, due to 15 attendant circumstances, permitting the animal to board would pose a 16 health or safety hazard. 17 c. All passengers with service animals shall be given priority seating 18 on all means of transportation regulated by this article in accordance 19 with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. 20 s.12101 et seq.). For the purposes of this article, "service animal" 21 shall have the same meaning as set forth in the federal "Americans with 22 Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regu- 23 lations under the act. 24 d. All passengers on any public transportation or public transporta- 25 tion service shall be provided seating before a domestic companion 26 animal may be placed in a seat. 27 2. The port authority is hereby authorized to make and enforce such 28 rules and regulations necessary for the implementation of this section. 29 § 115. Public meetings. 1. The legislature finds and declares that 30 the right of the public to be present at meetings of the port authority 31 of New York and New Jersey, and to witness in full detail all phases of 32 the deliberation, policy formulation, and decision making of the author- 33 ity, is vital to the enhancement and proper functioning of the democrat- 34 ic process, and that secrecy in public affairs undermines the faith of 35 the public in government and the public's effectiveness in fulfilling 36 its role in a democratic society; and declares it to be the public poli- 37 cy of this state to insure the right of its citizens to have adequate 38 advance notice of and the right to attend all meetings of the authority 39 at which any business affecting the public is discussed or acted upon in 40 any way except only in those circumstances where otherwise the public 41 interest would be clearly endangered or the personal privacy of guaran- 42 teed rights of individuals would be clearly in danger of unwarranted 43 invasion. 44 2. The board shall, within six months of the enactment into law of 45 legislation having an identical effort by the state of New Jersey, adopt 46 appropriate rules and regulations concerning proper notice to the public 47 and the news media of its meetings and the right of the public and the 48 news media to be present at meetings of the authority. The board may 49 incorporate in its rules and regulations conditions under which it may 50 exclude the public from a meeting or a portion thereof. 51 3. Any rules or regulations adopted hereunder shall become a part of 52 the minutes of the port authority of New York and New Jersey and shall 53 be subject to the approval of the governor of New Jersey and the gover- 54 nor of New York. 55 4. Unless and until otherwise determined by the action of the legisla- 56 tures of the two states, no action of the port authority shall be bind-A. 9644 23 1 ing unless taken at a meeting at which at least three of the members 2 from each state are present, and unless a majority of the members from 3 each state present at such meeting but in any event at least three of 4 the members from each state, shall vote in favor thereof. Each state 5 reserves the right to provide by law for the exercise of a veto power by 6 the governor thereof over any action of any commissioner appointed ther- 7 efrom. 8 § 116. Minutes of public meetings. 1. The port authority shall file 9 with the temporary president and minority leader of the senate and the 10 speaker and minority leader of the assembly, the chairman of the assem- 11 bly ways and means committee and the chairman of the senate finance 12 committee of the state of New York and the president, minority leader 13 and secretary of the senate and the speaker, minority leader and clerk 14 of the general assembly of the state of New Jersey a copy of the minutes 15 of any action taken at any public meeting of the port authority. Such 16 filing shall be made on the same day such minutes are transmitted to the 17 governor of each state for review; and notice of such filing shall be 18 provided to the governor of each state at the same time. Failure to 19 effectuate any such filing shall not impair the ability of the authority 20 to act pursuant to a resolution of its board. Such filing shall not 21 apply to any minutes required to be filed pursuant to section twenty of 22 former chapter six hundred fifty-one of the laws of nineteen hundred 23 seventy-eight and continued by part XXVII of this article. 24 2. The temporary president and minority leader of the senate, the 25 speaker and minority leader of the assembly, the chairman of the assem- 26 bly ways and means committee and the chairman of the senate finance 27 committee of the state of New York and the speaker and minority leader 28 of the general assembly and the president and the minority leader of the 29 senate of the state of New Jersey, or representatives designated by them 30 in writing for this purpose, may by certificate filed with the secretary 31 of the port authority waive the foregoing filing requirement with 32 respect to any specific minutes. 33 § 117. Jurisdiction. Unless and until otherwise provided, all laws 34 now or hereafter vesting jurisdiction or control in the public service 35 commission, or the public utilities commission, or like body, within 36 each state respectively, shall apply to railroads and to any transporta- 37 tion, terminal or other facility owned, operated, leased or constructed 38 by the port authority, with the same force and effect as if such rail- 39 road, or transportation, terminal or other facility were owned, leased, 40 operated or constructed by a private corporation. 41 § 118. Powers of municipalities to develop or improve. Nothing 42 contained in this agreement shall impair the powers of any municipality 43 to develop or improve port and terminal facilities. 44 § 119. Comprehensive development. 1. The legislatures of the two 45 states, prior to the signing of this agreement, or thereafter as soon as 46 may be practicable, will adopt a plan or plans for the comprehensive 47 development of the port of New York. 48 2. The port authority shall from time to time make plans for the 49 development of the port of New York district, supplementary to or amen- 50 datory of any plan theretofore adopted, and when such plans are duly 51 approved by the legislatures of the two states, they shall be binding 52 upon both states with the same force and effect as if incorporated in 53 this chapter. 54 3. The port authority may petition any interstate commerce commission 55 (or like body), commissioner of transportation, public utilities commis- 56 sion (or like body), or any other federal, municipal, state or localA. 9644 24 1 authority, administrative, judicial or legislative, having jurisdiction 2 in the premises, after the adoption of the comprehensive plan as 3 provided for in subdivision one of this section, for the adoption and 4 execution of any physical improvement, change in method, rate of trans- 5 portation, system of handling freight, warehousing, docking, lightering 6 or transfer of freight, which, in the opinion of the port authority, may 7 be designed to improve or better the handling of commerce in and through 8 the port of New York district, or improve terminal and transportation 9 facilities therein. It may intervene in any proceeding affecting the 10 commerce of the port. 11 § 120. Recommendations. The port authority may from time to time make 12 recommendations to the legislatures of the two states or to the congress 13 of the United States, based upon study and analysis, for the better 14 conduct of the commerce passing in and through the port of New York, the 15 increase and improvement of transportation and terminal facilities ther- 16 ein, and the more economical and expeditious handling of such commerce. 17 § 121. Expense of operations. 1. Unless and until the revenues from 18 operations conducted by the port authority are adequate to meet all 19 expenditures, the legislatures of the two states shall appropriate, in 20 equal amounts, annually, for the salaries, office and other administra- 21 tive expenses, such sum or sums as shall be recommended by the port 22 authority and approved by the governors of the two states, but each 23 state obligates itself hereunder only to the extent of one hundred thou- 24 sand dollars in any one year. 25 2. Unless and until otherwise determined by the action of the legisla- 26 tures of the two states, the port authority shall not incur any obli- 27 gations for salaries, office or other administrative expenses, within 28 the provisions of subdivision one of this section, prior to the making 29 of appropriations adequate to meet the same. 30 § 122. Port authority as an agency. Notwithstanding any law to the 31 contrary, the port authority shall be deemed an "agency" and treated as 32 such under the laws of New York, for all purposes under articles six and 33 six-A of the public officers law, and shall be deemed a "public agency" 34 and treated as such under New Jersey, P.L. 1963, c. 73 (C.47:1A-1 et 35 seq.), pertaining to the disclosure of government records. 36 § 123. Notice of claim. Notwithstanding any other provision of law to 37 the contrary, every action against the authority for damages or injuries 38 to real or personal property, or for the destruction thereof, or for 39 personal injuries or wrongful death shall not be commenced unless a 40 notice of claim shall have been served on the authority in the manner 41 provided for in the state where the action is commenced, and in compli- 42 ance with the pertinent statutes of the state relating generally to 43 actions commenced against that state and in compliance with all the 44 requirements of the laws of that state. Where such state's law permits 45 service upon a department of that state in lieu of service upon the 46 public entity, service may be made pursuant to such law. Except in an 47 action for wrongful death against such an entity, an action for damages 48 or for injuries to real or personal property, or for the destruction 49 thereof, or for personal injuries, alleged to have been sustained, shall 50 not be commenced more than one year and ninety days after the cause of 51 action therefor shall have accrued or within the time period otherwise 52 prescribed by any special provision of law of that state, whichever is 53 longer. 54 § 124. Regulations. 1. The port authority is hereby authorized to 55 make suitable rules and regulations not inconsistent with the constitu- 56 tion of the United States or of either state, and subject to the exer-A. 9644 25 1 cise of the power of congress, for the improvement of the conduct of 2 navigation and commerce, which, when concurred in or authorized by the 3 legislatures of both states, shall be binding and effective upon all 4 persons and corporations affected thereby. 5 2. The two states shall provide penalties for violations of any order, 6 rule or regulation of the port authority, and for the manner of enforc- 7 ing the same. 8 PART II 9 DEVELOPMENT OF THE PORT OF NEW YORK 10 Section 201. Development of the port of New York. 11 202. Investigations. 12 203. Hearings. 13 204. Orders. 14 205. Terminal stations. 15 206. Preference. 16 § 201. Development of the port of New York. 1. Pursuant to subdivi- 17 sion two of section one hundred seven of this article the following be 18 and is hereby adopted as the comprehensive plan for the development of 19 the port of New York: 20 (a) That terminal operations within the port district, so far as 21 economically practicable, should be unified; 22 (b) That there should be consolidation of shipments at proper classi- 23 fication points so as to eliminate duplication of effort, inefficient 24 loading of equipment and realize reduction in expenses; 25 (c) That there should be the most direct routing of all commodities so 26 as to avoid centers of congestion, conflicting currents and long truck- 27 hauls; 28 (d) That terminal stations established under the comprehensive plan 29 should be union stations, so far as practicable; 30 (e) That the process of coordinating facilities should so far as prac- 31 ticable adapt existing facilities as integral parts of the new system, 32 so as to avoid needless destruction of existing capital investment and 33 reduce so far as may be possible the requirements for new capital; and 34 endeavor should be made to obtain the consent of local municipalities 35 within the port district for the coordination of their present and 36 contemplated port and terminal facilities with the whole plan. 37 (f) That freight from all railroads must be brought to all parts of 38 the port wherever practicable without cars breaking bulk, and this 39 necessitates tunnel connection between New Jersey and Long Island, and 40 tunnel or bridge connections between other parts of the port; 41 (g) That there should be urged upon the federal authorities improve- 42 ment of channels so as to give access for that type of waterborne 43 commerce adapted to the various forms of development which the respec- 44 tive shorefronts and adjacent lands of the port would best lend them- 45 selves to; 46 (h) That highways for motor truck traffic should be laid out so as to 47 permit the most efficient inter-relation between terminals, piers and 48 industrial establishments not equipped with railroad sidings and for the 49 distribution of building materials and many other commodities which must 50 be handled by trucks; these highways to connect with existing or 51 projected bridges, tunnels and ferries. 52 (i) That definite methods for prompt relief should be devised which 53 can be applied for the better coordination and operation of existing 54 facilities while larger and more comprehensive plans for future develop- 55 ment are being carried out.A. 9644 26 1 2. The bridges, tunnels and belt lines forming the comprehensive plan 2 are generally and in outline indicated on maps filed by the port of New 3 York authority in the offices of the secretaries of the states of New 4 York and New Jersey and are hereinafter described in outline. 5 3. (a) A tunnel or tunnels connecting the New Jersey shore and the 6 Brooklyn shore of New York to provide through line connection between 7 the transcontinental railroads now having their terminals in New Jersey 8 with the Long Island railroad and the New York connecting railroad on 9 Long Island and with the New York Central and Hudson River railroad and 10 the New York, New Haven and Hartford railroad in the Bronx, and to 11 provide continuous transportation of freight between the Queens, Brook- 12 lyn and Bronx sections of the port to and from all parts of the westerly 13 section of the port, for all of the transcontinental railroads. 14 (b) A bridge and/or tunnel across or under the Arthur kill, and/or the 15 existing bridge enlarged, to provide direct freight carriage between New 16 Jersey and Staten Island. 17 (c) The location of all such tunnels or bridges to be at the shortest, 18 most accessible and most economical points practicable, taking account 19 of existing facilities now located within the port district and provid- 20 ing for and taking account of all reasonably foreseeable future growth 21 in all parts of the district. 22 4. The island of Manhattan to be connected with New Jersey by bridge 23 or tunnel, or both, and freight destined to and from Manhattan to be 24 carried underground, so far as practicable, by such system, automatic 25 electric as hereinafter described or otherwise, as will furnish the most 26 expeditious, economical and practicable transportation of freight, espe- 27 cially meat, produce, milk and other commodities comprising the daily 28 needs of the people. Suitable markets, union inland terminal stations 29 and warehouses to be laid out at points most convenient to the homes and 30 industries upon the island, the said system to be connected with all the 31 trans-continental railroads terminating in New Jersey and by appropriate 32 connection with the New York Central and Hudson River railroad, the New 33 York, New Haven and Hartford and the Long Island railroads. 34 5. The numbers hereinafter used correspond with the numbers which have 35 been placed on the map of the comprehensive plan to identify the various 36 belt lines and marginal railroads. 37 (a) Number 1. Middle belt line. Connects New Jersey and Staten Island 38 and the railroads on the westerly side of the port with Brooklyn, 39 Queens, the Bronx and the railroads on the easterly side of the port. 40 Connects with the New York Central railroad in the Bronx; with the New 41 York, New Haven and Hartford railroad in the Bronx; with the Long Island 42 railroad in Queens and Brooklyn; with the Baltimore and Ohio railroad 43 near Elizabethport and in Staten Island; with the Central Railroad 44 Company of New Jersey at Elizabethport and at points in Newark and 45 Jersey City; with the Pennsylvania railroad in Newark and Jersey City; 46 with the Lehigh Valley railroad in Newark and Jersey City; with the 47 Delaware, Lackawanna and Western railroad in Jersey City and the Secau- 48 cus meadows; with the Erie railroad in Jersey City and the Secaucus 49 meadows; with the New York, Susquehanna and Western, the New York, 50 Ontario and Western and the West Shore railroads on the westerly side of 51 the Palisades above the Weehawken tunnel. 52 The route of the middle belt line as shown on said map is in general 53 as follows: Commencing at the Hudson river at Spuyten Duyvil running 54 easterly and southerly generally along the easterly side of the Harlem 55 river, utilizing existing lines so far as practicable and improving and 56 adding where necessary, to a connection with Hell Gate bridge and theA. 9644 27 1 New Haven railroad, a distance of approximately seven miles; thence 2 continuing in a general southerly direction, utilizing existing lines 3 and improving and adding where necessary, to a point near Bay Ridge, a 4 distance of approximately eighteen and one-half miles; thence by a new 5 tunnel under New York bay in a northwesterly direction to a portal in 6 Jersey City or Bayonne, a distance of approximately five miles, to a 7 connection with the tracks of the Pennsylvania and Lehigh Valley rail- 8 roads; thence in a generally northerly direction along the easterly side 9 of Newark bay and the Hackensack river at the westerly foot of the Pali- 10 sades, utilizing existing tracks and improving and adding where neces- 11 sary, making connections with the Jersey Central, Pennsylvania, Lehigh 12 Valley, Delaware, Lackawanna and Western, Erie, New York, Susquehanna 13 and Western, New York, Ontario and Western, and West Shore railroads, a 14 distance of approximately ten miles. From the westerly portal of the Bay 15 tunnel and from the line along the easterly side of Newark bay by the 16 bridges of the Central railroad of New Jersey (crossing the Hackensack 17 and Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads 18 (crossing Newark bay) to the line of the central railroad of New Jersey 19 running along the westerly side of Newark bay and thence southerly along 20 this line to a connection with the Baltimore and Ohio railroad south of 21 Elizabethport, utilizing existing lines so far as practicable and 22 improving and adding where necessary, a distance of approximately twelve 23 miles; thence in an easterly direction crossing the Arthur kill, utiliz- 24 ing existing lines so far as practicable and improving and adding where 25 necessary, along the northerly and easterly shores of Staten Island to 26 the new city piers and to a connection, if the city of New York consent 27 thereto, with the tunnel under the Narrows to Brooklyn provided for 28 under chapter seven hundred of the laws of the state of New York for 29 nineteen hundred and twenty-one. 30 (b) Number 2. A marginal railroad to the Bronx extending along the 31 shore of the East river and Westchester creek connecting with the middle 32 belt line (number one), and with the New York, New Haven and Hartford 33 railroad in the vicinity of Westchester. 34 (c) Number 3. A marginal railroad in Queens and Brooklyn extending 35 along Flushing creek, Flushing bay, the East river and the upper New 36 York bay. Connects with the middle belt line (number one), by lines 37 number four, number five, number six and directly at the southerly end 38 at Bay Ridge. Existing lines to be utilized and improved and added to 39 and new lines built where lines do not now exist. 40 (d) Number 4. An existing line to be improved and added to where 41 necessary. Connects the middle belt line (number one), with the marginal 42 railroad number three near its northeasterly end. 43 (e) Number 5. An existing line to be improved and added to where 44 necessary. Connects the middle belt line (number one), with the marginal 45 railroad number three in Long Island City. 46 (f) Number 6. Connects the middle belt line (number one), with the 47 marginal railroad number three in the Greenpoint section of Brooklyn. 48 The existing portion to be improved and added to where necessary. 49 (g) Number 7. A marginal railroad surrounding the northerly and 50 westerly shores of Jamaica bay. A new line. Connects with the middle 51 belt line (number one). 52 (h) Number 8. An existing line, to be improved and added to where 53 necessary. Extends along the southeasterly shore of Staten Island. 54 Connects with middle belt line (number one). 55 (i) Number 9. A marginal railroad extending along the westerly shore 56 of Staten Island and a branch connection with number eight. ConnectsA. 9644 28 1 with the middle belt line (number one), and with a branch from the outer 2 belt line (number fifteen). 3 (j) Number 10. A line made up mainly of existing lines, to be improved 4 and added to where necessary. Connects with the middle belt line (number 5 one) by way of marginal railroad number eleven. Extends along the south- 6 erly shore of Raritan bay and through the territory south of the Raritan 7 river reaching New Brunswick. 8 (k) Number 11. A marginal railroad extending from a connection with 9 the proposed outer belt line (number fifteen) near New Brunswick along 10 the northerly shore of the Raritan river to Perth Amboy, thence norther- 11 ly along the westerly side of the Arthur kill to a connection with the 12 middle belt line (number one) south of Elizabethport. The portion of 13 this line which exists to be improved and added to where necessary. 14 (l) Number 12. A marginal railroad extending along the easterly shore 15 of Newark bay and the Hackensack river and connects with the middle belt 16 line (number one). A new line. 17 (m) Number 13. A marginal railroad extending along the westerly side 18 of the Hudson river and the Upper New York bay. Made up mainly of exist- 19 ing lines----the Erie Terminals, Jersey Junction, Hoboken Shore, and 20 National Docks railroads. To be improved and added to where necessary. 21 To be connected with middle belt line (number one). 22 (n) Number 14. A marginal railroad connecting with the middle belt 23 line (number one), and extending through the Hackensack and Secaucus 24 meadows. 25 (o) Number 15. An outer belt line, extending around the westerly 26 limits of the port district beyond the congested section. Northerly 27 terminus on the Hudson river at Piermont. Connects by marginal railroads 28 at the southerly end with the harbor waters below the congested section. 29 By spurs connects with the middle belt line (number one) on the westerly 30 shore of Newark bay and with the marginal railroad on the westerly shore 31 of Staten Island (number nine). 32 (p) Number 16. The automatic electric system for serving Manhattan 33 Island. Its yards to connect with the middle belt line and with all the 34 railroads of the port district. A standard gauge underground railroad 35 deep enough in Manhattan to permit of two levels of rapid transit 36 subways to pass over it. Standard railroad cars to be brought through to 37 Manhattan terminals for perishables and food products in refrigerator 38 cars. Cars with merchandise freight to be stopped at its yards. Freight 39 from standard cars to be transferred onto wheeled containers, thence to 40 special electrically propelled cars which will bear it to Manhattan. 41 Freight to be kept on wheels between the door of the standard freight 42 car at the transfer point and the tail board of the truck at the Manhat- 43 tan terminal or the store door as may be elected by the shipper or 44 consignee, eliminating extra handling. 45 Union terminal stations to be located on Manhattan in zones as far as 46 practicable of equal trucking distance, as to pickups and deliveries, to 47 be served by this system. Terminals to contain storage space and space 48 for other facilities. The system to bring all the railroads of the port 49 to Manhattan. 50 6. The determination of the exact location, system and character of 51 each of the said tunnels, bridges, belt lines, approaches, classifica- 52 tion yards, warehouses, terminals or other improvements shall be made by 53 the port authority after public hearings and further study, but in 54 general the location thereof shall be as indicated upon said map, and as 55 herein described.A. 9644 29 1 7. The right to add to, modify or change any part of the foregoing 2 comprehensive plan is reserved by each state, with the concurrence of 3 the other. 4 8. The port of New York authority is hereby authorized and directed to 5 proceed with the development of the port of New York in accordance with 6 said comprehensive plan as rapidly as may be economically practicable 7 and is hereby vested with all necessary and appropriate powers not 8 inconsistent with the constitution of the United States or of either 9 state, to effectuate the same, except the power to levy taxes or assess- 10 ments. It shall request the congress of the United States to make such 11 appropriations for deepening and widening channels and to make such 12 grants of power as will enable the said plan to be effectuated. It shall 13 have power to apply to all federal agencies, including the interstate 14 commerce commission, the war department, and the United States shipping 15 board, for suitable assistance in carrying out said plan. It shall coop- 16 erate with the state highway commissioners of each state so that trunk 17 line highways as and when laid out by each state shall fit in with said 18 comprehensive plan. It shall render such advice, suggestion and assist- 19 ance to all municipal officials as will permit all local and municipal 20 port and harbor improvements, so far as practicable, to fit in with said 21 plan. All municipalities within the district are hereby authorized and 22 empowered to cooperate in the effectuation of said plan, and are hereby 23 vested with such powers as may be appropriate or necessary so to cooper- 24 ate. The bonds or other securities issued by the port authority shall at 25 all times be free from taxation by either state. The port authority 26 shall be regarded as the municipal corporate instrumentality of the two 27 states for the purpose of developing the port and effectuating the 28 pledge of the states in the said compact, but it shall have no power to 29 pledge the credit of either state or to impose any obligation upon 30 either state, or upon any municipality, except as and when such power is 31 expressly granted by statute, or the consent by any such municipality is 32 given. 33 § 202. Investigations. 1. (a) To facilitate the determination of the 34 economic practicability of any step in the comprehensive plan, or of any 35 other fact or matter which the port authority is authorized and 36 empowered to decide or determine, the port authority may conduct inves- 37 tigations, inquiries or hearings at such place or places and at such 38 times as it shall appoint. Such investigations, inquiries or hearings 39 may be held by or before one or more of the commissioners of the port 40 authority, or by or before any person or persons appointed as its repre- 41 sentative, and when ratified, approved or confirmed by the port authori- 42 ty on its action shall be and be deemed to be the investigation, inquiry 43 or hearing of the port authority. 44 (b) For the purpose of such investigations, inquiries or hearings, and 45 of such other action or powers as the port authority may be authorized 46 or empowered to take or exercise, it shall have jurisdiction of any and 47 all persons, associations, or corporations, residing in, or acting or 48 existing under or by virtue of the laws of, or owning property or coming 49 within this state. 50 2. The port authority shall have the power to compel the attendance of 51 witnesses and the production of any papers, books or other documents, 52 and to administer oaths to all witnesses who may be called before it. 53 Subpoenas issued by the port authority shall be signed by a commissioner 54 or by the secretary of the port authority. No witness subpoenaed at the 55 instance of parties other than the port authority shall be entitled to 56 compensation therefrom for attendance or travel, but the cost thereofA. 9644 30 1 shall be borne by the party at whose instance the witness is summoned, 2 unless the port authority otherwise orders. A subpoena issued under this 3 section shall be regulated by the civil practice law and rules of the 4 state of New York. 5 § 203. Hearings. 1. All hearings before the port authority, including 6 the taking of testimony, shall be governed by rules to be adopted and 7 prescribed by it. 8 2. In any investigation, inquiry or hearing before the port authority, 9 a commissioner or an officer conducting the investigation, inquiry or 10 hearing may confer immunity in accordance with the provisions of section 11 50.20 of the criminal procedure law of the state of New York. 12 3. No commissioner or employee of the port authority shall be required 13 to give testimony in any civil suit to which the port authority is not a 14 party with regard to information obtained by him in the discharge of his 15 or her official duty. 16 § 204. Orders. 1. Every order of the port authority shall be served 17 upon every person, association or corporation to be affected thereby, 18 either by personal delivery of a certified copy thereof, or by mailing a 19 certified copy thereof, in a sealed package with postage prepaid, to the 20 person to be affected thereby; or in the case of a corporation to any 21 officer or agent thereof upon whom a summons might be served, either 22 within or without the state, in accordance with law. It shall be the 23 duty of every person, association or corporation, to notify the port 24 authority forthwith, in writing, of the receipt of the certified copy of 25 every order so served, and in the case of a corporation such notifica- 26 tion must be signed and acknowledged by a person or officer duly author- 27 ized by the corporation to admit such service. Within a time specified 28 in the order of the port authority, such person, association or corpo- 29 ration, upon whom it is served, must, if so required in the order, noti- 30 fy the port authority in like manner whether the terms of the order are 31 accepted and will be obeyed. Every order of the port authority shall 32 take effect at a time therein specified and shall continue in force 33 either for a period which may be designated therein, or until changed or 34 abrogated by the port authority, unless such order be unauthorized by 35 law, or be in violation of a provision of the constitution of the state, 36 or of the United States. 37 2. No order staying or suspending an order of the port authority shall 38 be made by any court otherwise than upon notice and after hearing, and 39 if the order of the port authority is suspended, the order suspending 40 the same shall contain a specific finding based upon evidence submitted 41 to the court and identified by reference thereto that great and irrepar- 42 able damage would otherwise result to the petitioner and specifying the 43 nature of the damage. 44 3. (a) Whenever the port authority shall be of the opinion that any 45 person, association or corporation subject to its jurisdiction is fail- 46 ing or omitting, or about to fail or omit to do anything required of it 47 by the laws governing the development and regulation of the port of New 48 York, or by its order, or is doing or is about to do anything, or 49 permitting, or about to permit anything to be done contrary to, or in 50 violation of, such law or orders, it shall direct its legal represen- 51 tative to commence an action or proceeding in the name of the port 52 authority, in an appropriate court having jurisdiction, for the purpose 53 of having such violations, or threatened violations, stopped and 54 prevented either by mandamus or injunction. Such an action or proceeding 55 may be brought in the supreme court of this state, and the said court 56 shall have and is hereby given the necessary and appropriate jurisdic-A. 9644 31 1 tion to grant mandamus or injunction, as the case may require, or any 2 other relief appropriate to the case. 3 (b) Failure of such person, association or corporation to notify the 4 port authority, as required in the preceding section, of its acceptance 5 of and willingness to obey any order of the port authority shall be and 6 be deemed to be prima facie proof that such person, association or 7 corporation is guilty of such violation, or threatened violation. The 8 legal representative of the port authority shall begin such action or 9 proceeding by a petition to the appropriate court, alleging the 10 violation complained of and praying for appropriate relief by way of 11 mandamus or injunction. If the petition is directed to a court of this 12 state, it shall thereupon be the duty of the court to specify the time, 13 not exceeding twenty days after the service of a copy of the petition, 14 within which the person, association or corporation complained of must 15 answer the petition. In case of default in answer, or after answer, the 16 court shall immediately inquire into the facts and circumstances, in 17 such manner as the court shall direct, without other or formal pleadings 18 and without respect to any technical requirement. Such other persons, 19 associations or corporations as the court shall deem necessary or proper 20 to join as parties, in order to make its order, judgment or writs effec- 21 tive, may be joined as parties upon application of the legal represen- 22 tative of the port authority. The final judgment in any such action or 23 proceeding shall either dismiss the action or proceeding, or direct that 24 a writ of mandamus, or an injunction, or both, issue as prayed for in 25 the petition, or in such modified or other form as the court may deter- 26 mine will afford the appropriate relief. 27 4. (a) Whenever the port authority, after opportunity to the parties 28 affected or to be affected thereby to be heard, shall determine any fact 29 or matter which it is authorized by any law to hear or determine, or 30 that any step in the effectuation of the comprehensive plan is or in the 31 near future will be economically practicable, it shall make its findings 32 in writing, setting forth its reasons therefor, and such findings shall 33 be and be deemed to be a determination by the port authority, under and 34 pursuant to law. Upon such determination an appropriate order may be 35 entered by the port authority and be made effective and may be enforced 36 as herein provided. 37 (b) If such findings or determination shall require the use of exist- 38 ing facilities or any part thereof described in the law, owned or oper- 39 ated by any carrier or carriers, then the port authority may order and 40 require the carrier or carriers owning or operating said railroad facil- 41 ities or part thereof to permit the use of such facilities or part ther- 42 eof upon the payment of reasonable compensation therefor. If the carrier 43 or carriers affected or to be affected by such order shall not be able, 44 within the time to be specified in its order by the port authority, to 45 agree among themselves upon the compensation to be paid by a user to a 46 proprietor or operator for the use of such existing facilities or part 47 thereof, then the port authority shall make determination of the amount 48 to be paid by the user to the proprietary carrier or carriers, taking 49 all the facts and circumstances into account, including the public use 50 to which such facilities have been put; or, at its option, the port 51 authority may apply to the supreme court of this state, either in a 52 separate proceeding or in proceedings by mandamus or injunction to 53 enforce its order, to fix and determine the fair and reasonable compen- 54 sation to be paid by the user to the proprietary carrier or carriers for 55 such use. If any carrier shall be dissatisfied with the findings of the 56 port authority in the matter of the compensation to be paid for the useA. 9644 32 1 of any existing facility, it shall have the right to review the same in 2 the supreme court of this state by taking appropriate proceedings for 3 such review within sixty days from the service of the order of the port 4 authority, but pending such review the order for the use of such facili- 5 ties shall be operative, the determination of the compensation by the 6 court to relate back to the time of the commencement of such user, 7 unless the court shall for good and proper reasons enjoin the operation 8 of such order. 9 § 205. Terminal stations. If, in the determination of steps to effec- 10 tuate the comprehensive plan, the port authority shall determine that 11 one or more union terminal stations are then, or in the near future, 12 economically practicable, it shall call a conference of all the carriers 13 affected or to be affected by the use of such terminal stations or 14 station and shall submit to them a plan or plans for the construction, 15 maintenance and use thereof. If the carriers or any of them shall fail 16 or refuse to agree upon such plan, the port authority shall make and 17 certify its findings and conclusions to the supreme court of this state, 18 and the said court is vested with appropriate and adequate jurisdiction 19 to determine whether or not such plan or plans for a union station or 20 stations effectuate the comprehensive plan, and to make such conditions 21 and impose such terms as will carry out the same in accordance with the 22 principles embraced in the comprehensive plan and the laws governing the 23 same. 24 § 206. Preference. All actions and proceedings to which the port 25 authority may be a party and in which any question arises under the laws 26 relating to the port authority, or under or concerning any of its orders 27 or actions, shall be preferred over all other civil causes, except 28 election causes, in all courts of this state and shall be heard and 29 determined in preference to all other civil business pending therein, 30 except election causes, irrespective of position on the calendar. The 31 same preference shall be granted upon application of the legal represen- 32 tative of the port authority, in any action or proceeding in which he or 33 she may be allowed to intervene. 34 PART III 35 BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY 36 Section 301. Legislative intent. 37 302. Tunnels. 38 303. Bridges. 39 304. Studies and reporting. 40 305. Inspections. 41 306. Construction, maintenance and operation. 42 307. Rules and regulations relating to tunnels and bridges. 43 308. Bonds. 44 309. Compact. 45 § 301. Legislative intent. The state of New Jersey by appropriate 46 legislation concurring herein, the states of New York and New Jersey 47 hereby declare and agree that the vehicular traffic moving across the 48 interstate waters within the port of New York district, created by the 49 compact of April thirty, nineteen hundred twenty-one, between the said 50 states, which said phrase "interstate waters" as used in this part shall 51 include the portion of the Hudson river within the said port of New York 52 district north of the New Jersey state line, constitutes a general move- 53 ment of traffic which follows the most accessible and practicable 54 routes, and that the users of each bridge or tunnel over or under the 55 said waters benefit by the existence of every other bridge or tunnelA. 9644 33 1 since all such bridges and tunnels as a group facilitate the movement of 2 such traffic and relieve congestion at each of the several bridges and 3 tunnels. Accordingly the two said states, in the interest of the users 4 of such bridges and tunnels and the general public, hereby agree that 5 the construction, maintenance, operation and control of all such bridges 6 and tunnels, heretofore or hereafter authorized by the two said states, 7 shall be unified under the port authority, to the end that the tolls and 8 other revenues therefrom shall be applied so far as practicable to the 9 costs of the construction, maintenance and operation of said bridges and 10 tunnels as a group and economies in operation effected, it being the 11 policy of the two said states that such bridges and tunnels shall as a 12 group be in all respects self-sustaining. 13 § 302. Tunnels. 1. In furtherance of the policy stated in section 14 three hundred one of this part, and in partial effectuation of the 15 comprehensive plan adopted by the two said states for the development of 16 the said port of New York district pursuant to this chapter, the 17 control, operation, tolls and other revenues of the vehicular tunnel, 18 known as the Holland tunnel, under the Hudson river between the city of 19 Jersey City and the city of New York, shall be vested in the port 20 authority as hereinafter provided; and the port authority is hereby 21 authorized and empowered to construct, own, maintain and operate an 22 interstate vehicular crossing under the Hudson river to consist of three 23 tubes (hereinafter called the Midtown Hudson tunnel), together with such 24 approaches thereto and connections with highways as the port authority 25 may deem necessary or desirable. 26 2. The entrances, exits and approaches to the said Midtown Hudson 27 tunnel, on the New York side, shall be between West Thirty-fifth street 28 and West Forty-first street and in the vicinity of Ninth avenue and to 29 the west thereof, in the borough of Manhattan, city of New York. The 30 approaches to the said Midtown Hudson tunnel on the New Jersey side 31 shall be so located and constructed as to permit tunnel traffic to pass 32 over or under the tracks of the New York, Susquehanna and Western Rail- 33 road Company and the Northern Railroad Company of New Jersey, immediate- 34 ly west of the Palisades, without crossing the said tracks at grade, and 35 as to permit connections with New Jersey state highway routes in the 36 vicinity of the said tracks. The said Midtown Hudson tunnel shall have 37 an appropriate entrance and exit in the township of Weehawken, county of 38 Hudson, state of New Jersey. 39 3. The control, operation, tolls and other revenues of the said 40 Holland tunnel and its entrance and exit plazas and of all real and 41 personal property appurtenant thereto or used in connection therewith, 42 shall vest in the port authority upon the making of the following 43 payments by the port authority to each of the said two states: 44 (a) An amount equal to the moneys contributed by such state toward the 45 cost of construction of the said Holland tunnel, with interest thereon 46 at the rate of four and one-quarter per centum per annum from the date 47 or dates on which such moneys were contributed by such state to the date 48 of the payment to such state; 49 (b) Less, however, the share of such state in the net revenues of the 50 said tunnel to the date of the said payment, and less interest on such 51 net revenues at the rate of four and one-quarter per centum per annum 52 from the dates on which the said net revenues were received by such 53 state to the date of the said payment; 54 (c) And in the case of the payment to the state of New York, less an 55 amount equal to the moneys which the said state has agreed to advance to 56 the port authority (but which have not as yet been advanced to the portA. 9644 34 1 authority) in aid of bridge construction, during the fiscal years 2 commencing in nineteen hundred thirty-one and nineteen hundred thirty- 3 two, pursuant to chapter seven hundred and sixty-one of the laws of New 4 York of nineteen hundred twenty-six and chapter three hundred of the 5 laws of New York of nineteen hundred twenty-seven and acts amendatory 6 thereof and supplemental thereto, discounted, however, in the case of 7 each advance at the rate of four and one-quarter per centum per annum, 8 from the date of the said payment to the state of New York to the date 9 upon which such advance is to be available pursuant to the aforesaid 10 statutes. 11 In computing interest as aforesaid upon the moneys contributed by each 12 of the said two states toward the cost of construction of the said 13 Holland tunnel, such moneys shall be deemed to have been contributed by 14 such state upon the first day of the month following the month during 15 which there were presented to the comptroller of such state for audit 16 and payment, the schedules and vouchers pursuant to which such moneys 17 were paid. In computing interest as aforesaid upon the net revenues 18 received by each of the said two states, such net revenues shall be 19 deemed to have been received by such state upon the date when such 20 revenues were credited to such state or to the commission of such state 21 pursuant to paragraph eleven of article fourteen of the compact of 22 December thirty, nineteen hundred nineteen, between the two said states. 23 4. If the amount paid by the port authority to the state of New Jersey 24 pursuant to subdivision three of this section shall be less than an 25 amount which, together with the moneys then in the sinking fund estab- 26 lished by chapter three hundred and fifty-two of the laws of New Jersey 27 of nineteen hundred twenty and chapter two hundred and sixty-two of the 28 laws of New Jersey of nineteen hundred twenty-four, hereinafter called 29 the New Jersey Camden bridge-Holland tunnel sinking fund (other than 30 moneys set apart to pay interest for the then current year upon the 31 bonds of the state of New Jersey authorized by the aforesaid acts of the 32 state of New Jersey, hereinafter called New Jersey Camden bridge-Holland 33 tunnel bonds), will be equal to the principal amount of the then 34 outstanding New Jersey Camden bridge-Holland tunnel bonds, then and in 35 such event, the port authority shall in addition pay to the state of New 36 Jersey an amount which, together with the amount paid under and pursuant 37 to the preceding section hereof and the moneys then in said New Jersey 38 Camden bridge-Holland tunnel sinking fund, will be equal to the princi- 39 pal amount of the then outstanding New Jersey Camden bridge-Holland 40 tunnel bonds; and shall, moreover, pay to the state of New York a like 41 amount. 42 5. The amount payable by the port authority to the state of New York 43 pursuant to subdivisions three and four of this section shall be paid by 44 the port authority into the treasury of the state of New York upon the 45 thirtieth day of June, nineteen hundred thirty-one, or at an earlier 46 date at the option of the port authority on five days' notice to the 47 comptroller of the state of New York, upon a voucher signed and audited 48 by the said comptroller, who is hereby authorized to consummate the said 49 transaction. 50 6. The amount payable by the port authority to the state of New Jersey 51 pursuant to subdivisions three and four of this section shall be paid by 52 the port authority to the sinking fund commission created by said chap- 53 ter three hundred and fifty-two of the laws of New Jersey of nineteen 54 hundred twenty and said chapter two hundred and sixty-two of the laws of 55 New Jersey of nineteen hundred twenty-four, hereinafter called the New 56 Jersey Camden bridge-Holland tunnel sinking fund commission upon theA. 9644 35 1 thirtieth day of June, nineteen hundred thirty-one, or such other date 2 as may be agreed upon by the said sinking fund commission and the port 3 authority, upon a voucher signed and audited by the said sinking fund 4 commission, which said commission is hereby authorized to consummate 5 said transaction; and the said moneys shall be deposited in the said New 6 Jersey Camden bridge-Holland tunnel sinking fund, and shall for all 7 purposes be deemed to be a part thereof and subject to the appropriation 8 of the moneys in the said sinking fund, made by the aforesaid statutes 9 of the state of New Jersey. 10 7. The income and interest received from or accruing upon the moneys 11 in the aforesaid New Jersey Camden bridge-Holland tunnel sinking fund, 12 and from the investment thereof, shall be set apart and held by the said 13 New Jersey Camden bridge-Holland tunnel sinking fund commission for the 14 payment of interest on New Jersey Camden bridge-Holland tunnel bonds, 15 and shall be subject to the appropriation made of moneys so set apart 16 and held, by the aforesaid statutes of the state of New Jersey, and 17 shall be applied to the payment of such interest. 18 8. Upon the making of the foregoing payments by the port authority to 19 the two said states, the provisions of the compact of December thirty, 20 nineteen hundred nineteen, between the said two states, relating to the 21 construction and operation of the said Holland tunnel, as amended, so 22 far as inconsistent herewith or with the rules, practice and procedure 23 or general authority of the port authority, shall be and shall be deemed 24 to be abrogated; and chapter four hundred and twenty-one of the laws of 25 New York of nineteen hundred thirty, and chapter two hundred and forty- 26 seven of the laws of New Jersey of nineteen hundred thirty, making the 27 port authority the agent of the two states in connection with the opera- 28 tion of the said Holland tunnel shall cease to be effective. 29 § 303. Bridges. 1. Except as may be agreed upon between the port 30 authority and the municipality in which they shall be located, the 31 approaches to the George Washington bridge hereafter constructed on the 32 New York side shall be located as follows: between Amsterdam avenue and 33 Pinehurst avenue, the approaches shall be located between West One 34 hundred seventy-eighth street and West One hundred seventy-ninth street; 35 between Pinehurst avenue and Cabrini boulevard, the approaches shall be 36 between West One hundred seventy-eighth street and West One hundred 37 eightieth street; between Cabrini boulevard and Haven avenue, the 38 approaches shall be between West One hundred seventy-seventh street and 39 the line parallel to the northerly side of West One hundred eightieth 40 street and one hundred twenty-five feet north of the building line on 41 the north side thereof; between Haven avenue and Service street north of 42 the George Washington bridge, the approaches shall be between the bridge 43 and an extension of the building line on the northerly side of West One 44 hundred eightieth street. Except as so limited, the port authority may 45 effectuate such approaches, connections, highway extensions or highway 46 improvements as it shall deem necessary or desirable in relation to the 47 George Washington bridge, located in or extending across the counties in 48 which such bridge is located, and, in its discretion, may do so by 49 agreement with any other public agency; such agreement may provide for 50 the construction, ownership, maintenance or operation of such 51 approaches, connections or highway extensions or highway improvements by 52 such other public agency. 53 2. The port authority is hereby authorized and empowered, in its 54 discretion, to construct, own, maintain and operate in Washington 55 Heights in the borough of Manhattan, New York city, as an addition and 56 improvement to the vehicular bridge over the Hudson river at Fort Lee,A. 9644 36 1 known as and hereinafter in this section referred to as the George Wash- 2 ington bridge, a bus passenger facility, by which is meant a facility 3 consisting of one or more buildings, structures, improvements, loading 4 or unloading areas, parking areas or other facilities necessary, conven- 5 ient or desirable in the opinion of the port authority for the accommo- 6 dation of omnibuses and other motor vehicles operated by carriers 7 engaged in the transportation of passengers, or for the loading, unload- 8 ing, interchange or transfer of such passengers or their baggage, or 9 otherwise for the accommodation, use or convenience of such passengers 10 or such carriers or their employees and for purposes incidental thereto. 11 3. Nothing herein contained shall be deemed to prevent the port 12 authority from establishing, levying and collecting tolls and other 13 charges in connection with such bus passenger facility in addition to 14 and other than the tolls or charges established, levied and collected in 15 connection with the George Washington bridge or any other bridge or 16 tunnel. 17 § 304. Studies and reporting. The port authority shall from time to 18 time make studies, surveys and investigations to determine the necessity 19 and practicability of vehicular bridges and tunnels over or under inter- 20 state waters within the port of New York district, in addition to the 21 Midtown Hudson tunnel and Holland tunnel and to the George Washington 22 bridge, Goethals bridge, Outerbridge Crossing and Bayonne bridge, and 23 report to the governors and legislatures of the two states thereon. The 24 port authority shall not proceed with the construction of any such addi- 25 tional vehicular bridges and tunnels over or under said interstate 26 waters until hereafter expressly authorized by the two said states, but 27 the second deck of the George Washington bridge shall be considered an 28 addition and improvement to the said bridge and not such an additional 29 vehicular bridge, and the port authority's power and authorization to 30 construct, own, maintain and operate said second deck for highway vehic- 31 ular or rail rapid transit traffic or both is hereby acknowledged and 32 confirmed. 33 § 305. Inspections. The port authority shall inspect bridges located 34 within the state of New York and under the authority's jurisdiction in 35 accordance with criteria established for other publicly-owned bridges 36 within the state. 37 § 306. Construction, maintenance and operation. 1. The port authority 38 shall, so far as it deems it practicable, treat as a single unified 39 operation the construction, maintenance and operation of the said 40 Midtown Hudson tunnel, the Holland tunnel, the two vehicular bridges 41 over the Arthur Kill, the vehicular bridge over the Kill van Kull, the 42 vehicular bridge over the Hudson river at Fort Lee, and any other vehic- 43 ular bridges or tunnels which it may construct or operate, raising 44 moneys for the construction thereof and for the making of additions and 45 improvements thereto in whole or in part upon its own obligations, and 46 establishing and levying such tolls and other charges as it may deem 47 necessary to secure from all of such bridges and tunnels as a group, at 48 least sufficient revenue to meet the expenses of the construction, main- 49 tenance and operation of such bridges and tunnels as a group, and to 50 provide for the payment of the interest upon and amortization and 51 retirement of and the fulfillment of the terms of all bonds and other 52 securities and obligations which it may have issued or incurred in 53 connection therewith. 54 2. The additions and improvements to bridges and tunnels constructed 55 or operated by it which the port authority is hereby authorized to 56 effectuate shall include but not be limited to parking facilities, byA. 9644 37 1 which is meant transportation facilities consisting of one or more 2 areas, buildings, structures, improvements, or other accommodations or 3 appurtenances necessary, convenient or desirable in the opinion of the 4 port authority for the parking or storage of motor vehicles of users of 5 such bridges and tunnels and other members of the general public and for 6 the transfer of the operators and passengers of such motor vehicles to 7 and from omnibuses and other motor vehicles operated by carriers over or 8 through such bridges or tunnels, and for purposes incidental thereto. 9 3. Nothing herein contained shall be deemed to prevent the port 10 authority from establishing, levying and collecting tolls and other 11 charges in connection with any parking facility in addition to and other 12 than the tolls or charges established, levied and collected in 13 connection with the bridge or tunnel to which such parking facility is 14 an addition and improvement or any other bridge or tunnel. 15 4. The port authority shall not proceed with the construction of any 16 parking facility as an addition and improvement to any bridge or tunnel 17 other than a parking facility in the township of North Bergen in the 18 state of New Jersey at or in the vicinity of the Midtown Hudson tunnel 19 and its approaches and connections, except as heretofore or hereafter 20 expressly authorized. 21 5. The plans of the connections with state or municipal highways of 22 any vehicular bridge or tunnel which the port authority may hereafter 23 construct (including the plans of any additional connections of existing 24 bridges or tunnels with state or municipal highways), shall be subject 25 to the approval of the governor of the state in which such connections 26 shall be located. Either state may require by appropriate legislation 27 that such connections shall be subject to the approval of the munici- 28 pality of that state in which they shall be located; and in such event, 29 the approval of such municipality shall be given as provided in subdivi- 30 sion two of section one hundred three of this article. Except as limit- 31 ed herein, the port authority shall determine all matters pertaining to 32 such bridges and tunnels. 33 6. The construction, maintenance and operation of vehicular bridges 34 and tunnels within the said port of New York district (including the 35 said Holland tunnel and the said Midtown Hudson tunnel), are and will be 36 in all respects for the benefit of the people of the states of New York 37 and New Jersey, for the increase of their commerce and prosperity and 38 for the improvement of their health and living conditions; and the port 39 authority shall be regarded as performing an essential governmental 40 function in undertaking the construction, maintenance and operation 41 thereof and in carrying out the provisions of law relating thereto, and 42 shall be required to pay no taxes or assessments upon any of the proper- 43 ty acquired or used by it for such purposes. 44 7. If for any of the purposes of this part (including temporary 45 construction purposes, and the making of additions or improvements to 46 bridges or tunnels already constructed), the port authority shall find 47 it necessary or convenient to acquire any real property as herein 48 defined, whether for immediate or future use, the port authority may 49 find and determine that such property, whether a fee simple absolute or 50 a lesser interest, is required for a public use, and upon such determi- 51 nation, the said property shall be and shall be deemed to be required 52 for such public use until otherwise determined by the port authority; 53 and with the exceptions hereinafter specifically noted, the said deter- 54 mination shall not be affected by the fact that such property has there- 55 tofore been taken for, or is then devoted to, a public use; but the 56 public use in the hands or under the control of the port authority shallA. 9644 38 1 be deemed superior to the public use in the hands of any other person, 2 association or corporation. 3 8. The port authority may acquire and is hereby authorized to acquire 4 such property, whether a fee simple absolute or a lesser interest, by 5 the exercise of the right of eminent domain under and pursuant to the 6 provisions of the eminent domain procedure law of the state of New York, 7 in the case of property located in such state, and revised statutes of 8 New Jersey, Title 20:1-1 et seq., in the case of property located in 9 such state, or at the option of the port authority as provided in 10 section fifteen of chapter forty-three of the laws of New Jersey of 11 nineteen hundred forty-seven, as amended, for the condemnation of real 12 property for air terminal purposes, in the case of property located in 13 such state, or pursuant to such other and alternate procedure as may be 14 provided by law. 15 9. Where a person entitled to an award in the proceedings to acquire 16 any real property for any of the purposes of this part, remains in 17 possession of such property after the time of the vesting of title in 18 the port authority, the reasonable value of his use and occupancy of 19 such property subsequent to such time, as fixed by agreement or by the 20 court in such proceedings or by any court of competent jurisdiction, 21 shall be a lien against such award, subject only to liens of record at 22 the time of the vesting of title in the port authority. 23 10. Nothing herein contained shall be construed to prohibit the port 24 authority from bringing any proceedings to remove a cloud on title or 25 such other proceedings as it may, in its discretion, deem proper and 26 necessary, or from acquiring any such property by negotiation or 27 purchase. 28 11. Anything in this act to the contrary notwithstanding, no property 29 now or hereafter vested in or held by any county, city, borough, 30 village, township or other municipality shall be taken by the port 31 authority, without the authority or consent of such county, city, 32 borough, village, township or other municipality as provided in part one 33 of this article, provided that the state in which such county, city, 34 borough, village, township or other municipality is located may author- 35 ize such property to be taken by the port authority by condemnation or 36 the exercise of the right of eminent domain without such authority or 37 consent; nor shall anything herein impair or invalidate in any way any 38 bonded indebtedness of the state, or such county, city, borough, 39 village, township or other municipality, nor impair the provisions of 40 law regulating the payment into sinking funds of revenue derived from 41 municipal property, or dedicating the revenues derived from municipal 42 property, to a specific purpose. The port authority is hereby authorized 43 and empowered to acquire from any such county, city, borough, village, 44 township or other municipality, or from any other public agency or 45 commission having jurisdiction in the premises, by agreement therewith, 46 and such county, city, borough, village, township, municipality, public 47 agency or commission, notwithstanding any contrary provision of law, is 48 hereby authorized and empowered to grant and convey upon reasonable 49 terms and conditions, any real property, which may be necessary for the 50 construction, operation and maintenance of such bridges and tunnels, 51 including such real property as has already been devoted to a public 52 use. Each of the two said states hereby consent to the use and occupa- 53 tion of the real property of such state necessary for the construction, 54 operation and maintenance of bridges and tunnels constructed or operated 55 pursuant to the provisions of this part, including lands of the state 56 lying under water.A. 9644 39 1 12. The port authority and its duly authorized agents and employees 2 may enter upon any land in this state for the purpose of making such 3 surveys, maps, or other examinations thereof as it may deem necessary or 4 convenient for the purposes of this part. 5 13. The term "real property" as used in this section is defined to 6 include lands, structures, franchises, and interests in land, including 7 lands under water and riparian rights, and any and all things and rights 8 usually included within the said term, and includes not only fees simple 9 absolute but also any and all lesser interests, such as easements, 10 rights of way, uses, leases, licenses and all other incorporeal heredi- 11 taments and every estate, interest or right, legal or equitable, includ- 12 ing terms of years, and liens thereon by way of judgments, mortgages or 13 otherwise, and also claims for damage to real estate. 14 14. Nothing herein contained shall be construed to authorize or permit 15 the port authority to undertake the construction of any vehicular bridge 16 or tunnel over or under the Arthur Kill, unless or until adequate 17 provision has been made by law for the protection of those advancing 18 money upon the obligations of the port authority for the construction of 19 the bridges mentioned in chapter two hundred and ten of the laws of 20 nineteen hundred twenty-five, or the construction of any vehicular 21 bridge or tunnel over or under the Hudson river, at or north of Sixtieth 22 street in the borough of Manhattan, city of New York, unless or until 23 adequate provision has been made by law for the protection of those 24 advancing money upon the obligations of the port authority for the 25 construction of the bridge mentioned in chapter seven hundred and 26 sixty-one of the laws of nineteen hundred twenty-six, or the 27 construction of any vehicular bridge or tunnel over or under the Kill 28 van Kull unless or until adequate provision has been made by law for the 29 protection of those advancing money upon the obligations of the port 30 authority for the construction of the bridge mentioned in chapter three 31 hundred of the laws of nineteen hundred twenty-seven. 32 § 307. Rules and regulations relating to tunnels and bridges. 1. The 33 port authority is hereby authorized to make and enforce such rules and 34 regulations and to establish, levy and collect such tolls and other 35 charges in connection with any vehicular bridges and tunnels which it 36 may now or hereafter be authorized to own, construct, operate or control 37 (including the said Holland tunnel and the said Midtown Hudson tunnel), 38 as it may deem necessary, proper or desirable, which said tolls and 39 charges shall be at least sufficient to meet the expenses of the 40 construction, operation and maintenance thereof, and to provide for the 41 payment of, with interest upon, and the amortization and retirement of 42 bonds or other securities or obligations issued or incurred for bridge 43 or tunnel purposes. There shall be allocated to the cost of the 44 construction, operation and maintenance of such bridges and tunnels, 45 such proportion of the general expenses of the port authority as it 46 shall deem properly chargeable thereto. 47 2. The moneys in the general reserve fund of the port authority 48 (authorized by chapter five of the laws of New Jersey of nineteen 49 hundred thirty-one, as amended, and chapter forty-eight of the laws of 50 New York of nineteen hundred thirty-one, as amended and continued by 51 part XXIX of this article) may be pledged in whole or in part by the 52 port authority as security for or applied by it to the repayment with 53 interest of any moneys which it may raise upon bonds or other securities 54 or obligations issued or incurred from time to time for any of the 55 purposes of this part or secured in whole or in part by the pledge of 56 the revenues of the port authority from any bridge or tunnel or both soA. 9644 40 1 issued or incurred and so secured; and the moneys in said general 2 reserve fund may be applied by the port authority to the fulfillment of 3 any other undertakings which it may assume to or for the benefit of the 4 holders of any such bonds, securities or other obligations. 5 3. Subject to prior liens and pledges (and to the obligation of the 6 port authority to apply revenues to the maintenance of its general 7 reserve fund in the amount prescribed by the said statutes authorizing 8 said fund), the revenues of the port authority from facilities estab- 9 lished, constructed, acquired or effectuated through the issuance or 10 sale of bonds of the port authority secured by a pledge of its general 11 reserve fund may be pledged in whole or in part as security for or 12 applied by it to the repayment with interest of any moneys which it may 13 raise upon bonds or other securities or obligations issued or incurred 14 from time to time for any of the purposes of this part or secured in 15 whole or in part by the pledge of the revenues of the port authority 16 from any bridge or tunnel or both so issued or incurred and so secured, 17 and said revenues may be applied by the port authority to the fulfill- 18 ment of any other undertakings which it may assume to or for the benefit 19 of the holders of such bonds, securities or other obligations. 20 In the event that at any time the balance of moneys theretofore paid 21 into the general reserve fund and not applied therefrom shall exceed an 22 amount equal to one-tenth of the par value of all bonds legal for 23 investment, as defined and limited in the said statutes authorizing said 24 fund, issued by the port authority and currently outstanding at such 25 time, by reason of the retirement of bonds or other securities or obli- 26 gations issued or incurred from time to time for any of the purposes of 27 this part or secured in whole or in part by the pledge of the revenues 28 of the port authority from any bridge or tunnel or both so issued or 29 incurred and so secured, the par value of which had theretofore been 30 included in the computation of said one-tenth, then the port authority 31 may pledge or apply such excess for and only for the purposes for which 32 it is authorized by the said statutes authorizing said fund to pledge 33 the moneys in the general reserve fund and such pledge may be made in 34 advance of the time when such excess may occur. 35 § 308. Bonds. 1. The two said states covenant and agree with each 36 other and with the holders of any bonds or other securities or obli- 37 gations of the port authority, issued or incurred for bridge or tunnel 38 purposes and as security for which there may or shall be pledged the 39 tolls and revenues or any part thereof of any vehicular bridge or tunnel 40 (including the said Holland tunnel and the said Midtown Hudson tunnel), 41 that the two said states will not, so long as any of such bonds or other 42 obligations remain outstanding and unpaid, diminish or impair the power 43 of the port authority to establish, levy and collect tolls and other 44 charges in connection therewith; and that the two said states will not, 45 so long as any of such bonds or other obligations remain outstanding and 46 unpaid, authorize the construction of any vehicular bridges or tunnels 47 over or under interstate waters as herein defined within the said port 48 of New York district, by any person or body other than the port authori- 49 ty, in competition with those whose tolls or other revenues are pledged 50 as aforesaid; provided that nothing herein contained shall be deemed to 51 refer to the bridge authorized by the act of congress of July eleven, 52 eighteen hundred ninety, chapter six hundred and sixty-nine, and acts 53 amendatory thereof and supplemental thereto; and provided further that 54 nothing herein contained shall preclude the authorization of the 55 construction of such competitive tunnels or bridges by other persons orA. 9644 41 1 bodies if and when adequate provision shall be made by law for the 2 protection of those advancing money upon such obligations. 3 2. The bonds or other securities or obligations which may be issued or 4 incurred by the port authority pursuant to this part, or as security for 5 which there may be pledged the tolls and other revenues or any part 6 thereof of any vehicular bridge or tunnel (including the said Holland 7 tunnel and the said Midtown Hudson tunnel) now or hereafter authorized 8 by the two said states or both so issued or incurred and so secured, are 9 hereby made securities in which all state and municipal officers and 10 bodies, all banks, bankers, trust companies, savings banks, savings and 11 loan associations, investment companies and other persons carrying on a 12 banking business, all insurance companies, insurance associations and 13 other persons carrying on an insurance business, and all administrators, 14 executors, guardians, trustees and other fiduciaries and all other 15 persons whatsoever who are now or may hereafter be authorized to invest 16 in bonds or other obligations of the state, may properly and legally 17 invest any funds, including capital, belonging to them or within their 18 control; and said bonds or other securities or obligations are hereby 19 made securities which may properly and legally be deposited with and 20 shall be received by any state or municipal officer or agency for any 21 purpose for which the deposit of bonds or other obligations of this 22 state is now or may hereafter be authorized. 23 § 309. Compact. 1. This section and the preceding sections of this 24 part, constitute an agreement between the states of New York and New 25 Jersey supplementary to the compact between the two states dated April 26 thirty, nineteen hundred twenty-one, and amendatory thereof, and shall 27 be liberally construed to effectuate the purposes of said compact and of 28 the comprehensive plan heretofore adopted by the two states, and any 29 powers granted to the port authority by this part shall be deemed to be 30 in aid of and supplementary to and in no case a limitation upon the 31 powers heretofore vested in the port authority by the two said states 32 and/or by congress, except as herein otherwise provided. 33 2. Any declarations contained in this part with respect to the govern- 34 mental nature of bridges and tunnels and to the exemption of bridge and 35 tunnel property from taxation and to the discretion of the port authori- 36 ty with respect to bridge and tunnel operations shall not be construed 37 to imply that other port authority property and operations are not of a 38 governmental nature, or that they are subject to taxation, or that the 39 determinations of the port authority with respect thereto are not 40 conclusive. 41 3. The powers vested in the port authority herein (including but not 42 limited to the powers to acquire real property by condemnation and to 43 make or effectuate additions, improvements, approaches and connections) 44 shall be continuing powers and no exercise thereof shall be deemed to 45 exhaust them or any of them. 46 4. Nothing herein contained shall be construed to affect, diminish or 47 impair the rights and obligations created by, or to repeal any of the 48 provisions of chapter three hundred and fifty-two of the laws of New 49 Jersey of nineteen hundred twenty and chapter two hundred and sixty-two 50 of the laws of New Jersey of nineteen hundred twenty-four. 51 5. If, however, any loss shall be suffered by or accrue to the said 52 sinking fund, and if, after the making of the payment by the port 53 authority to the state of New Jersey as hereinbefore provided, the 54 moneys in the said sinking fund shall at any time be or become less than 55 an amount equal to the principal amount of the then currently outstand- 56 ing New Jersey Camden bridge-Holland tunnel bonds, or if the income andA. 9644 42 1 interest currently received from or currently accruing upon the moneys 2 in the said sinking fund shall be or become insufficient to pay the 3 interest currently accruing upon or currently payable in connection with 4 the aforesaid New Jersey Camden bridge-Holland tunnel bonds, the state 5 of New Jersey represents and agrees that it will make good such deficits 6 out of sources other than revenues from the said Holland tunnel. 7 6. The said payment by the port authority to the state of New Jersey 8 constitutes repayment for all moneys contributed by the said state 9 toward the cost of construction of the said Holland tunnel, including 10 the moneys diverted and appropriated by chapter three hundred and nine- 11 teen of the laws of New Jersey of nineteen hundred twenty-six and chap- 12 ter fifty-eight of the laws of New Jersey of nineteen hundred twenty- 13 seven from the road fund, created by chapter fifteen of the laws of New 14 Jersey of nineteen hundred seventeen. The requirement of chapter fifty- 15 eight of the laws of New Jersey of nineteen hundred twenty-seven that 16 the said moneys diverted and appropriated by the said statutes of the 17 state of New Jersey shall be returned and credited to the said road 18 fund, with interest, shall be and shall be deemed to be satisfied and 19 discharged so far as it relates to the revenues arising from the opera- 20 tion of the said Holland tunnel. 21 7. The provisions of this section shall constitute a covenant and 22 agreement by the state of New York with the state of New Jersey, the 23 port authority and the holders of any bonds or other obligations of the 24 port authority, as security for which the tolls and revenues of said 25 Holland tunnel may be pledged. 26 8. Nothing herein contained shall be construed to impair in any way 27 the obligation of the port authority to repay to the two states any or 28 all advances made by them to the port authority in aid of bridge 29 construction. 30 PART IV 31 APPROVAL OR VETO POWER OF THE GOVERNOR 32 Section 401. Approval or veto power. 33 402. Procurement. 34 403. Effect of veto. 35 404. Exception to reporting requirement. 36 § 401. Approval or veto power. Except as provided by this part, no 37 action taken at any meeting of the port authority by any commissioner 38 appointed from the state of New York shall have force or effect until 39 the governor of the state of New York shall have an opportunity to 40 approve or veto the same under the provisions of article sixteen of the 41 port compact or treaty entered into between the states of New York and 42 New Jersey, dated April thirtieth, nineteen hundred and twenty-one and 43 continued by subdivision four of section one hundred fifteen of this 44 article. 45 § 402. Procurement. For the purpose of procuring such approval or 46 veto, the secretary or other officer of the port authority in charge of 47 the minutes of the proceedings of that body shall transmit to the gover- 48 nor at the executive chamber in Albany a certified copy of the minutes 49 of every meeting of the port authority as soon after the holding of such 50 meeting as such minutes can be written out. The governor shall, within 51 ten days, Saturdays, Sundays and public holidays excepted, after such 52 minutes shall have been delivered at the executive chamber as aforesaid, 53 cause the same to be returned to the port authority either with his 54 approval or with his veto of any action therein recited as having beenA. 9644 43 1 taken by any commissioner appointed from the state of New York, 2 provided, however, that if the governor shall not return the said 3 minutes within the said period then at the expiration thereof any action 4 therein recited will have full force and effect according to the wording 5 thereof. 6 § 403. Effect of veto. If the governor within the said period returns 7 the said minutes with a veto against the action of any commissioner from 8 New York as recited therein, then such action of such commissioner shall 9 be null and void. 10 § 404. Exception to reporting requirement. The governor may by order 11 filed with the secretary of the port authority relieve the commissioners 12 from the duty of procuring his approval of their action upon any partic- 13 ular matter or class of matters, and thereupon the secretary or other 14 officer in charge of the minutes of the proceedings of that body shall 15 be relieved from reporting the same to him. 16 PART V 17 MOTOR TRUCK TERMINALS 18 Section 501. Motor truck terminals. 19 502. Acquisition of real property for public use. 20 § 501. Motor truck terminals. The bonds or other obligations which 21 may be issued by the port authority from time to time to provide funds 22 for the establishment, acquisition and rehabilitation of motor truck 23 terminals (by which are meant terminals consisting of one or more plat- 24 forms, sheds, buildings, structures, facilities or improvements neces- 25 sary, convenient or desirable in the opinion of the port authority for 26 the accommodation of motor trucks for the loading or unloading of 27 freight upon or from motor trucks or the receipt, delivery, storage or 28 handling of freight transported or to be transported by motor trucks or 29 the interchange or transfer thereof between carriers) located at such 30 point or points within the port of New York district as the port author- 31 ity may deem to be desirable and in the public interest, or for the 32 acquisition of real or personal property in connection therewith, or for 33 any other purpose in connection with the establishment, acquisition, 34 construction, rehabilitation, maintenance or operation of such truck 35 terminals or any of them, are hereby made securities in which all state 36 and municipal officers and bodies, all banks, bankers, trust companies, 37 savings banks, building and loan associations, savings and loan associ- 38 ations, investment companies and other persons carrying on a banking 39 business, all insurance companies, insurance associations, and other 40 persons carrying on an insurance business, and all administrators, exec- 41 utors, guardians, trustees and other fiduciaries, and all other persons 42 whatsoever, who are now or may hereafter be authorized to invest in 43 bonds or other obligations of the state, may properly and legally invest 44 any funds, including capital, belonging to them or within their control; 45 and said obligations are hereby made securities which may properly and 46 legally be deposited with and shall be received by any state or munici- 47 pal officer or agency for any purpose for which the deposit of bonds or 48 other obligations of this state is now or may hereafter be authorized. 49 § 502. Acquisition of real property for public use. If, for the 50 purpose of effectuating, acquiring, constructing, rehabilitating or 51 improving any motor truck terminal, the port authority shall find it 52 necessary or convenient to acquire any real property, as herein defined 53 in this state, whether for immediate or future use, the port authority 54 may find and determine that such property, whether a fee simple absoluteA. 9644 44 1 or a lesser interest, is required for public use, and upon such determi- 2 nation, the said property shall be and shall be deemed to be required 3 for such public use until otherwise determined by the port authority. 4 If the port authority is unable to agree for the acquisition of any 5 such real property for any reason whatsoever, then the port authority 6 may acquire and is hereby authorized to acquire such property, whether a 7 fee simple absolute or a lesser interest, by the exercise of the right 8 of eminent domain under and pursuant to the provisions of the eminent 9 domain procedure law. 10 The power of the port authority to acquire real property hereunder 11 shall be a continuing power, and no exercise thereof shall be deemed to 12 exhaust it. 13 Anything in this part to the contrary notwithstanding, no property now 14 or hereafter vested in or held by the state or any county, city, 15 borough, village, township or other municipality shall be taken by the 16 port authority, without the authority or consent of the state or of such 17 county, city, borough, village, township or other municipality as 18 provided in the compact of April thirty, nineteen hundred twenty-one, 19 between the states of New York and New Jersey and continued by part I of 20 this article, nor shall anything herein impair or invalidate in any way 21 any bonded indebtedness of the state, or such county, city, borough, 22 village, township or other municipality, nor impair the provisions of 23 law regulating the payment into sinking funds of revenue derived from 24 municipal property, or dedicating the revenues derived from municipal 25 property, to a specific purpose. Moreover, no property devoted to 26 public use by any railroad or railway corporation, or public utility 27 corporation, or by any other corporation, shall be taken by the port 28 authority without the authority or consent of such corporation. The 29 port authority is hereby authorized and empowered to acquire from any 30 such county, city, borough, village, township or other municipality, or 31 from any other public agency or commission having jurisdiction in the 32 premises, or from any such corporation, by agreement therewith, and such 33 county, city, borough, village, township, municipality, public agency, 34 commission, or corporation, notwithstanding any contrary provision of 35 law, is hereby authorized and empowered to grant and convey upon reason- 36 able terms and conditions any real property, which may be necessary for 37 the establishment, construction, acquisition, rehabilitation, mainte- 38 nance and operation of such truck terminals, including such real proper- 39 ty as has already been devoted to a public use. 40 The port authority and its duly authorized agents and employees may, 41 in the case of land situate in the state of New York subject to the 42 provisions of the eminent domain procedure law and in any other case as 43 provided by law, enter upon any land in this state for the purpose of 44 making such surveys, maps, or other examinations thereof as it may deem 45 necessary or convenient for the purposes of this part. 46 The term "real property" as used in this part is defined to include 47 lands, structures, franchises and interests in land, including lands 48 under water and riparian rights, and any and all things and rights 49 usually included within the said term, and includes not only fees simple 50 absolute but also any and all lesser interests, such as easements, 51 rights of way, uses, leases, licenses and all other incorporeal heredi- 52 taments and every estate, interest or right, legal or equitable, includ- 53 ing terms of years, and liens thereon by way of judgments, mortgages or 54 otherwise, and also claims for damages to real estate.A. 9644 45 1 PART VI 2 PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM 3 Section 601. Payment of a fair and reasonable sum. 4 602. Acceptance of payment. 5 § 601. Payment of a fair and reasonable sum. To the end that counties, 6 cities, boroughs, villages, towns, townships and other municipalities in 7 the port of New York district, may not suffer undue loss of taxes and 8 assessments by reason of the acquisition and ownership of property ther- 9 ein by the port authority, the port authority is hereby authorized and 10 empowered, in its discretion, to enter into a voluntary agreement or 11 agreements with any county, city, borough, village, town, township or 12 other municipality in said port district, whereby it will undertake to 13 pay a fair and reasonable sum or sums annually in connection with any 14 marine or inland terminal property owned by it, not in excess of the sum 15 last paid as taxes upon such property prior to the time of its acquisi- 16 tion by the port authority. Such payment or payments which the port 17 authority is hereby authorized and empowered to make, shall be in such 18 amount or amounts and shall be payable at such time or times and under 19 such terms and conditions as shall be agreed upon by and between the 20 port authority and such county, city, village, borough, town, township 21 or other municipality concerned. 22 § 602. Acceptance of payment. Every county, city, village, borough, 23 town, township or other municipality in the port of New York district 24 aforesaid is hereby authorized and empowered to enter into such agree- 25 ment or agreements with the port authority to accept the payment or 26 payments which the port authority is hereby authorized and empowered to 27 make. The sums so received by any county, city, village, borough, town, 28 township or other municipality shall be devoted to purposes to which 29 taxes may be applied, unless and until otherwise directed by the law of 30 the state in which such municipality is located. 31 PART VII 32 PAYMENT AND ACCEPTANCE OF A FAIR AND 33 REASONABLE SUM FOR A CHANGE IN GRADE 34 Section 701. Change of grade. 35 § 701. Change of grade. To the end that the owners of property in the 36 port of New York district abutting upon streets, avenues or other high- 37 ways, the grade of which will be changed by reason of the construction 38 by the port authority of any public improvement in the port of New York 39 district, may not suffer undue loss and injury by reason of such change 40 of grade, the authority is hereby authorized and empowered, in its 41 discretion, to enter into voluntary agreements with such abutting owners 42 of property which is built upon or otherwise improved in conformity with 43 the grade of any street, avenue or other highway established by lawful 44 authority in the port of New York district, whereby it will undertake to 45 pay a fair and reasonable sum to such abutting owners for the damage 46 occasioned by such change of grade to the buildings and improvements on 47 such property. The term "owners" as used in this section shall include 48 all persons having any estate, interest, or easement in such property, 49 or any lien, charge or encumbrance thereon. Such payments which the 50 authority is hereby authorized and empowered to make, shall be in such 51 amounts and shall be payable at such times and under such terms and 52 conditions as shall be agreed upon by and between the authority and such 53 owners concerned.A. 9644 46 1 PART VIII 2 THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY 3 Section 801. Procedure. 4 802. Conveyances. 5 § 801. Procedure. Whenever the port authority shall determine to sell 6 any real property which may have been acquired by the port authority by 7 purchase, condemnation or otherwise, pursuant to any of its powers and 8 authorities, but which real property is no longer required for such 9 purposes, the following procedure shall be followed: 10 1. A map shall be made of such real property so determined as no long- 11 er required, which map shall be filed in the office of the port authori- 12 ty. 13 2. There shall be annexed to such map a certificate executed by the 14 chief engineer of the port authority stating that such real property is 15 no longer required for such purposes. 16 3. All or any portion of said real property may be sold at either 17 private or public sale, and all deeds of conveyance therefor shall be by 18 bargain and sale and shall be executed by the chairman, or the vice 19 chairman, or the general manager, or an assistant general manager of the 20 port authority and attested by the secretary thereof. 21 § 802. Conveyances. The validity of all conveyances heretofore made by 22 the port authority is hereby ratified and confirmed. 23 PART IX 24 MONEYS FOR PRELIMINARY STUDIES 25 Section 901. Moneys advanced. 26 902. Delivery of bonds and/or moneys. 27 903. Direct and general obligations of the port authority. 28 904. Securities. 29 905. Initial reimbursement of moneys advanced by the states. 30 906. Further reimbursement of moneys advanced by the states. 31 907. Deposit of bonds or moneys by the comptroller. 32 § 901. Moneys advanced. The states of New York and New Jersey having 33 heretofore advanced sums aggregating one hundred forty-nine thousand, 34 nine hundred eighteen dollars and twenty cents and one hundred fifty 35 thousand dollars, respectively, to the port authority for preliminary 36 studies upon the interstate vehicular bridges now known as the Outer- 37 bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to 38 agreements between the two states that said moneys should be paid back 39 when the construction debt has been amortized, and said two states 40 having advanced further sums aggregating four million dollars each in 41 aid of the construction of said bridges pursuant to agreements between 42 the two states that said moneys should be paid back out of bridge reven- 43 ues in specified annual installments, if and when earned over prior 44 charges, and the revenues from said bridges having been insufficient to 45 permit any such payments up to the present time but the port authority 46 being in a position to fund its obligations to pay back said appropri- 47 ations, now, therefore, upon the concurrence of the state of New Jersey 48 as provided in section eight hereof, the states of New York and New 49 Jersey hereby agree that the obligations of the port authority to pay 50 back said moneys may be satisfied and discharged by the delivery to the 51 two states of bonds or moneys, or both, in an aggregate principal amount 52 equal to said appropriations, as hereinafter provided.A. 9644 47 1 § 902. Delivery of bonds and/or moneys. Bonds, or moneys, or both, in 2 an aggregate principal amount of two million fifty thousand dollars 3 shall be delivered to each state within three months after the date on 4 which chapter three hundred fifty-two of the laws of nineteen hundred 5 forty-six and the concurrent article of the state of New Jersey take 6 effect. Within fifteen months after the date on which chapter three 7 hundred fifty-two of the laws of nineteen hundred forty-six and the 8 concurrent article of the state of New Jersey take effect, an additional 9 two million ninety-nine thousand nine hundred eighteen dollars and twen- 10 ty cents in aggregate principal amount of bonds or moneys, or both, 11 shall be delivered to the state of New York and an additional two 12 million one hundred thousand dollars in aggregate principal amount of 13 bonds, or moneys, or both shall be delivered to the state of New Jersey 14 provided, that if, in the opinion of the commissioners of the port 15 authority, financial conditions are such as to make it desirable to 16 postpone such delivery, then delivery of said additional amounts shall 17 be postponed in whole or in part until such time, not later than five 18 years from the effective date of chapter three hundred fifty-two of the 19 laws of nineteen hundred forty-six, as in the judgment of said commis- 20 sioners financial conditions permit such delivery. 21 The port authority shall determine whether payments made pursuant to 22 this part and the concurrent article of the state of New Jersey shall be 23 made by delivery of bonds or of moneys, or both, and, if both, in what 24 proportions. The moneys may, at the option of the port authority, be 25 paid in cash or by check. Delivery of bonds or moneys to the state of 26 New York shall be made by delivering or tendering delivery thereof to 27 the comptroller of the state of New York at his office at Albany during 28 regular business hours. Delivery of bonds or moneys to the state of New 29 Jersey shall be made by delivering or tendering delivery thereof to the 30 state treasurer at his office at Trenton during regular business hours. 31 § 903. Direct and general obligations of the port authority. The 32 bonds delivered to the two states pursuant to this part and the concur- 33 rent article of the state of New Jersey shall be direct and general 34 obligations of the port authority, and its full faith and credit shall 35 be pledged for the prompt payment of the principal and interest thereof. 36 The payment of the principal and interest thereof shall be secured by 37 the general reserve fund of the port authority, authorized by chapter 38 forty-eight of the laws of New York of nineteen hundred and thirty-one 39 and continued by part XXIX of this article, and chapter five of the laws 40 of New Jersey of nineteen hundred and thirty-one; and said general 41 reserve fund shall be pledged as security for the payment of the princi- 42 pal and interest of said bonds and for the fulfillment of other under- 43 takings assumed by the port authority to or for the benefit of the hold- 44 ers of said bonds. Such pledge, however, shall be subject to the right 45 of the port authority to pledge said general reserve fund as security 46 for any other bonds, notes or evidences of indebtedness whatsoever here- 47 after issued by the authority as security for which it may at the time 48 be authorized to pledge the said general reserve fund, and also subject 49 to the right of the port authority to use the moneys in said general 50 reserve fund to meet, pay or otherwise fulfill any of its obligations 51 under or in connection with any bonds, notes or other evidences of 52 indebtedness as security for which said general reserve fund has hereto- 53 fore been or is now pledged or for which said general reserve fund may 54 hereafter be pledged. Moreover, no greater rights in or to said general 55 reserve fund shall be granted to or conferred upon the holders of the 56 bonds delivered to the two states pursuant to this part and the concur-A. 9644 48 1 rent article of the state of New Jersey than have been granted to and 2 conferred upon the holders of general and refunding bonds of the port 3 authority issued pursuant to the resolution of the port authority 4 adopted March eighteenth, nineteen hundred and thirty-five, and amended 5 March twenty-fifth, nineteen hundred and thirty-five and September 6 sixteenth, nineteen hundred and forty-three. 7 The bonds delivered to the two states pursuant to chapter three 8 hundred fifty-two of the laws of nineteen hundred forty-six and contin- 9 ued by this part and the concurrent article of the state of New Jersey 10 shall be dated as of a date not more than thirty days subsequent to the 11 date on which delivery is made or tendered, shall mature forty years 12 from their date, and shall bear interest at the rate of one and one-half 13 per centum per annum. Said bonds shall be subject to redemption at the 14 option of the port authority, in whole or in part, on any interest 15 payment date or dates at one hundred percent of their par value, plus 16 accrued interest to the date set for redemption. 17 Except as hereinbefore specifically provided, the port authority 18 shall, by resolution, determine the form, characteristics and all other 19 matters in connection with said bonds, including without limiting the 20 generality hereof, the denominations in which they shall be issued, 21 provisions with respect to the exchange of bonds of one denomination 22 into bonds of another denomination, provisions with respect to the issu- 23 ance of temporary bonds and the exchange thereof for definitive bonds, 24 provisions with respect to the establishment of a sinking fund or sink- 25 ing funds and for the use of the moneys in sinking fund to purchase or 26 redeem bonds prior to their maturity, provisions with respect to the 27 place of payment, provisions with respect to notice of redemption, 28 provisions with respect to the paying agent or the registrar and 29 provisions with respect to the method of signature. 30 § 904. Securities. The bonds delivered by the port authority to 31 either or both states pursuant to this part and the concurrent article 32 of the state of New Jersey, and any bonds, notes or other evidences of 33 indebtedness issued by the authority to provide moneys with which to 34 make payments to either or both states pursuant to this part and the 35 concurrent article of the state of New Jersey, are hereby made securi- 36 ties in which all state and municipal officers and bodies of both 37 states, all banks, bankers, trust companies, savings banks, building and 38 loan associations, savings and loan associations, investment companies 39 and other persons carrying on a banking business, all insurance compa- 40 nies, insurance associations and other persons carrying on an insurance 41 business, and all administrators, executors, guardians, trustees and 42 other fiduciaries, and all other persons whatsoever, who are now or may 43 hereafter be authorized by either state to invest in bonds or other 44 obligations of such state, may properly and legally invest any funds, 45 including capital, belonging to them or within their control; and said 46 obligations are hereby made securities which may properly and legally be 47 deposited with and shall be received by any state or municipal officer 48 or agency of either state for any purpose for which the deposit of bonds 49 or other obligations of such state is now or may hereafter be author- 50 ized. 51 § 905. Initial reimbursement of moneys advanced by the states. The 52 first two million fifty thousand dollars paid to each state pursuant to 53 this part and the concurrent article of the state of New Jersey shall be 54 deemed to be on account of the moneys advanced by such state for prelim- 55 inary studies upon and in aid of the construction of the Bayonne bridge 56 (formerly known as the Kill von Kull bridge); and from and after theA. 9644 49 1 date on which the port authority shall have delivered to each state 2 pursuant to this part and the concurrent article of the state of New 3 Jersey, bonds or moneys or both in the aggregate principal amount of two 4 million fifty thousand dollars, the duty and obligation of the port 5 authority to pay back to the two states the moneys advanced for prelimi- 6 nary studies upon and in aid of the construction of said bridge by chap- 7 ter two hundred seventy-nine of the laws of New York of nineteen hundred 8 and twenty-six, chapter ninety-seven of the laws of New Jersey of nine- 9 teen hundred and twenty-five, chapter three hundred of the laws of New 10 York of nineteen hundred and twenty-seven and chapter three of the laws 11 of New Jersey of nineteen hundred and twenty-seven, together with the 12 claims of the two states and of each of them for such repayment, shall 13 be and shall be deemed to be fully satisfied and discharged, and any 14 lien or claim of the two states or either of them upon the tolls and 15 revenues of the said bridge arising out of, under or because of the 16 aforesaid statutes shall be and shall be deemed to be void and without 17 force or effect. 18 § 906. Further reimbursement of moneys advanced by the states. After 19 the payment of the first two million fifty thousand dollars to each 20 state, the further amounts paid to each state pursuant to this part and 21 the concurrent article of the state of New Jersey shall be deemed to be 22 on account of the moneys advanced by such state for preliminary studies 23 upon and in aid of the construction of the Outerbridge crossing (former- 24 ly known as the Perth Amboy-Tottenville bridge) and the Goethals bridge 25 (formerly known as the Elizabeth-Howland Hook bridge); and from and 26 after the date on which pursuant to this part and the concurrent article 27 of the state of New Jersey the port authority shall have delivered bonds 28 or moneys, or both, to the state of New York in the aggregate principal 29 amount of two million ninety-nine thousand nine hundred eighteen dollars 30 and twenty cents and to the state of New Jersey in the aggregate princi- 31 pal amount of two million one hundred thousand dollars, in each case in 32 addition to the first two million fifty thousand dollars paid to such 33 state under and pursuant to this part and the concurrent article of the 34 state of New Jersey, then the duty and obligation of the port authority 35 to pay back to the two states the moneys advanced for preliminary 36 studies upon and in aid of the construction of said two bridges by chap- 37 ters one hundred eighty-six and two hundred thirty of the laws of New 38 York of nineteen hundred twenty-four, chapters one hundred twenty-five 39 and one hundred forty-nine of the laws of New Jersey of nineteen hundred 40 twenty-four, chapter two hundred ten of the laws of New York of nineteen 41 hundred twenty-five and chapter thirty-seven of the laws of New Jersey 42 of nineteen hundred twenty-five, together with the claims of the two 43 states and of each of them for such repayment, shall be and shall be 44 deemed to be fully satisfied and discharged, and any lien or claim of 45 the two states or either of them upon the tolls and revenues of said 46 bridges arising out of, under or because of the aforesaid statutes shall 47 be and shall be deemed to be void and without force or effect. 48 § 907. Deposit of bonds or moneys by the comptroller. All bonds or 49 moneys, or both, delivered by the port authority to the comptroller of 50 the state of New York pursuant to this part shall be deposited by him in 51 the post-war reconstruction fund in the state treasury. 52 PART X 53 MOTOR BUS TERMINAL 54 Section 1001. Establishment.A. 9644 50 1 1002. Funding. 2 1003. Maintenance and operation. 3 1004. Powers. 4 1005. Acquisition of real property. 5 § 1001. Establishment. Upon the concurrence of the state of New 6 Jersey, the states of New York and New Jersey hereby agree that the 7 moneys in the general reserve fund of the port authority, authorized by 8 chapter forty-eight of the laws of New York of one thousand nine hundred 9 thirty-one and chapter five of the laws of New Jersey of one thousand 10 nine hundred thirty-one, as amended, may be pledged in whole or in part 11 by the port authority as security for or applied by it to the repayment 12 with interest of any moneys which it may raise upon bonds, notes or 13 other obligations or evidences of indebtedness, issued by it from time 14 to time to provide funds for the establishment, acquisition or rehabili- 15 tation of a motor bus terminal (by which is meant a terminal consisting 16 of one or more buildings, structures, improvements, loading or unloading 17 areas, parking areas or other facilities, necessary, convenient or 18 desirable in the opinion of the port authority for the accommodation of 19 omnibuses and other motor vehicles operated by carriers engaged in the 20 transportation of passengers, or for the loading, unloading, interchange 21 or transfer of such passengers or their baggage, or otherwise for the 22 accommodation, use or convenience of such passengers or such carriers or 23 their employees) or for purposes incidental thereto; and that the 24 moneys in said general reserve fund may be applied by the port authority 25 to the fulfillment of any other undertakings which it may assume to or 26 for the benefit of the holders of any of such bonds; and the two said 27 states further agree that the port authority may acquire by condemnation 28 or the right of eminent domain such real property in each state as it 29 may from time to time deem necessary for or in connection with the 30 establishment, acquisition and rehabilitation of such motor bus termi- 31 nal. 32 § 1002. Funding. The bonds, notes or other obligations or evidences 33 of indebtedness issued by the port authority to provide funds for the 34 establishment, acquisition and rehabilitation of such motor bus terminal 35 are hereby made securities in which all state and municipal officers and 36 bodies of both states, all banks, bankers, trust companies, savings 37 banks, building and loan associations, savings and loan associations, 38 investment companies and other persons carrying on a banking business, 39 all insurance companies, insurance associations and other persons carry- 40 ing on an insurance business, and all administrators, executors, guardi- 41 ans, trustees and other fiduciaries, and all other persons whatsoever, 42 who are now or may hereafter be authorized by either state to invest in 43 bonds or other obligations of such state, may properly and legally 44 invest any funds, including capital, belonging to them or within their 45 control; and said obligations are hereby made securities which may prop- 46 erly and legally be deposited with and shall be received by any state or 47 municipal officer or agency of either state for any purpose for which 48 the deposit of bonds or other obligations of such state is now or may 49 hereafter be authorized. 50 § 1003. Maintenance and operation. The establishment, maintenance and 51 operation of such motor bus terminal within the port of New York 52 district is and will be in all respects for the benefit of the people of 53 the states of New York and New Jersey, for the increase of their 54 commerce and prosperity and for the improvement of their health and 55 living conditions; and the port authority shall be regarded as perform- 56 ing an essential governmental function in undertaking the construction,A. 9644 51 1 maintenance and operation thereof and in carrying out the provisions of 2 law relating thereto. 3 § 1004. Powers. Any powers granted to the port authority by this part 4 and the concurrent act of the state of New Jersey shall be regarded as 5 in aid of and supplemental to and in no sense as a limitation upon any 6 of the other powers vested in it by the two states or either of them; 7 and the port authority shall be authorized not only to establish, 8 acquire, rehabilitate, maintain, operate and from time to time improve 9 such motor bus terminal, but also to make incidental uses of properties 10 acquired for or in connection with such motor bus terminal. 11 § 1005. Acquisition of real property. If, for the purpose of effectu- 12 ating, acquiring, constructing, rehabilitating or improving such motor 13 bus terminal, the port authority shall find it necessary or convenient 14 to acquire any real property, as herein defined, in this state, whether 15 for immediate or future use, the port authority may find and determine 16 that such property, whether a fee simple absolute or a lesser interest, 17 is required for public use, and upon such determination, the said prop- 18 erty shall be and shall be deemed to be required for such public use 19 until otherwise determined by the port authority; and with the 20 exceptions hereinafter specifically noted, the said determination shall 21 not be affected by the fact that such property has theretofore been 22 taken for, or is then devoted to, a public use; but the public use in 23 the hands or under the control of the port authority shall be deemed 24 superior to the public use in the hands of any other person, association 25 or corporation. 26 If the port authority is unable to agree for the acquisition of any 27 such real property for any reason whatsoever, then the port authority 28 may acquire and is hereby authorized to acquire such property whether a 29 fee simple absolute or a lesser interest, by the exercise of the right 30 of eminent domain under and pursuant to the provisions of the eminent 31 domain procedure law. 32 Anything in this part to the contrary notwithstanding, no property now 33 or hereafter vested in or held by the state or any county, city, 34 borough, village, township or other municipality shall be taken by the 35 port authority, without the authority or consent of the state or of such 36 county, city, borough, village, township, or other municipality as 37 provided in the compact of April thirtieth, nineteen hundred twenty-one 38 and continued by part I of this article, between the states of New York 39 and New Jersey, nor shall anything herein impair or invalidate in any 40 way any bonded indebtedness of the state, or such county, city, borough, 41 village, township or other municipality, nor impair the provisions of 42 law regulating the payment into sinking funds of revenue derived from 43 municipal property, or dedicating the revenues derived from municipal 44 property to a specific purpose. The port authority is hereby authorized 45 and empowered to acquire from any such county, city, borough, village, 46 township or other municipality, or from any other public agency or 47 commission having jurisdiction in the premises, by agreement therewith, 48 and such county, city, borough, village, township, municipality, public 49 agency or commission, notwithstanding any contrary provision of law, is 50 hereby authorized and empowered to grant and convey upon reasonable 51 terms and conditions, any real property, which may be necessary for the 52 establishment, construction, acquisition, rehabilitation, operation and 53 maintenance of such motor bus terminal, including such real property as 54 has already been devoted to a public use. 55 The port authority and its duly authorized agents and employees may 56 pursuant to the provisions of the eminent domain procedure law enterA. 9644 52 1 upon any land in this state for the purpose of making such surveys, 2 maps, or other examination thereof as it may deem necessary or conven- 3 ient for the purposes of this part. 4 The term "real property" as used in this part is defined to include 5 lands, structures, franchises and interests in land, including lands 6 under water and riparian rights, and any and all things and rights 7 usually included within the said term, and includes not only fees simple 8 absolute but also any and all lesser interests, such as easements, 9 rights of way, uses, leases, licenses and all other incorporeal heredi- 10 taments and every estate, interest or right, legal or equitable, includ- 11 ing terms of years, and liens thereon by way of judgments, mortgages or 12 otherwise, and also claims for damages to real estate. 13 PART XI 14 MARINE TERMINALS 15 Section 1101. Authorization. 16 1102. Restrictions. 17 1103. Definitions. 18 1104. Municipality consent; legal process. 19 1105. Agreement between the states. 20 1106. Acquisition of land by eminent domain or condemnation. 21 1107. Unappropriated lands. 22 1108. Funding; bonds. 23 § 1101. Authorization. Upon the concurrence of the state of New 24 Jersey, the states of New York and New Jersey hereby agree that munici- 25 palities, as hereinafter defined, located within the Port of New York 26 district shall be and they hereby are authorized to cooperate with the 27 Port Authority in the development of marine terminals, and the two said 28 states further agree that the state of New Jersey may authorize the Port 29 Authority to acquire by condemnation or the exercise of the right of 30 eminent domain real property in the state of New Jersey necessary, 31 convenient or desirable for marine terminal purposes, under and pursuant 32 to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the 33 option of the Port Authority, pursuant to such other or alternate proce- 34 dure as may be provided by law by such state, and that the state of New 35 York may authorize the Port Authority to acquire real property in the 36 state of New York necessary, convenient or desirable for marine terminal 37 purposes, under and pursuant to the eminent domain procedure law of that 38 state, or at the option of the Port Authority pursuant to such other or 39 alternate procedure as may be provided by law by such state. 40 § 1102. Restrictions. Nothing herein contained shall be construed to 41 authorize the Port Authority to acquire any marine terminal owned or 42 operated by any municipality or any other property now or hereafter 43 vested in or held by any municipality, without the authority or consent 44 of such municipality as provided in the compact of April thirtieth, 45 nineteen hundred twenty-one and continued by part I of this article, 46 between the states of New York and New Jersey, nor shall anything herein 47 impair or invalidate in any way any bonded indebtedness of the state, or 48 any municipality, nor impair the provisions of law regulating the 49 payment into sinking funds of revenue derived from municipal property, 50 or dedicating the revenues derived from municipal property to a specific 51 purpose. 52 § 1103. Definitions. The following terms as used herein shall mean: 53 1. "Marine terminals" shall mean developments, consisting of one or 54 more piers, wharves, docks, bulkheads, slips, basins, vehicular road-A. 9644 53 1 ways, railroad connections, side tracks, sidings or other buildings, 2 structures, facilities or improvements, necessary or convenient to the 3 accommodation of steamships or other vessels and their cargoes or 4 passengers and shall also mean waterfront development projects. It 5 shall also include such highway projects in the vicinity of a marine 6 terminal providing improved access to such marine terminal as shall be 7 designated in legislation adopted by the two states. Notwithstanding any 8 contrary provision of law, general, special or local, it shall also mean 9 railroad freight projects related or of benefit to a marine terminal or 10 which are necessary, convenient or desirable in the opinion of the port 11 authority for the protection or promotion of the commerce of the port 12 district, consisting of railroad freight transportation facilities or 13 railroad freight terminal facilities; and any equipment, improvement, 14 structure or facility or any land, and any building, structure, facility 15 or other improvement thereon, or any combination thereof, and all real 16 and personal property in connection therewith or incidental thereto, 17 deemed necessary or desirable in the opinion of the port authority, 18 whether or not now in existence or under construction, for the undertak- 19 ing of such railroad freight projects. 20 2. "Marine terminal purposes" shall mean the effectuation, establish- 21 ment, acquisition, construction, rehabilitation, improvement, mainte- 22 nance or operation of marine terminals. 23 3. "Municipality" shall mean a county, city, borough, village, town- 24 ship, town, public agency, public authority or political subdivision. 25 4. "Real property" shall mean lands, structures, franchises and inter- 26 ests in land, including waters, lands under water and riparian rights, 27 and any and all things and rights usually included within the said term, 28 and includes not only fees simple absolute but also any and all lesser 29 interests, including but not limited to easements, rights-of-way, uses, 30 leases, licenses and all other incorporeal hereditaments and every 31 estate, interest or right, legal or equitable, including terms for years 32 and liens thereon by way or judgments, mortgages or otherwise. 33 5. "Waterfront development projects" shall mean projects for the revi- 34 talization and economic development of waterfront property which is (a) 35 not in use for the handling of water-borne cargoes, or (b) directly or 36 indirectly related to the water-borne movement of passengers and their 37 vehicles. Such projects shall include but not be limited to hotels, 38 marinas, commercial offices, including the installation of a fiber optic 39 cable within its boundaries, or facilities which serve conference, 40 convention, recreation or entertainment purposes or are retail service 41 establishments, parking, technical, satellite antenna, similar communi- 42 cation or other facilities related to any of the foregoing and associ- 43 ated improvements necessary to provide public access to such waterfront 44 development projects. Notwithstanding the above, a waterfront develop- 45 ment project authorized by this part shall not contain any technical, 46 satellite antenna or similar telecommunications facility unless such 47 facility is directly used by, and for the sole benefit of, end users 48 located on the site of the project. Furthermore, no port authority money 49 shall be used directly or indirectly in the financing or construction of 50 said telecommunications facility. 51 § 1104. Municipality consent; legal process. 1. Notwithstanding any 52 contrary provision of law, any municipality located within the Port of 53 New York district is authorized and empowered to consent to the use by 54 the Port Authority of any marine terminal owned by such municipality or 55 of any real or personal property owned by such municipality and neces- 56 sary, convenient or desirable in the opinion of the Port Authority forA. 9644 54 1 marine terminal purposes, including such real property as has already 2 been devoted to a public use, and as an incident to such consent, to 3 grant, convey, lease or otherwise transfer to the Port Authority any 4 such marine terminal or real or personal property, upon such terms as 5 may be determined by the Port Authority and such municipality. Every 6 such municipality is also authorized and empowered to vest in the Port 7 Authority the control, operation, maintenance, rents, tolls, charges and 8 any and all other revenues of any marine terminal now owned by such 9 municipality, the title to such marine terminal remaining in such muni- 10 cipality. Such consent shall be given, and the execution of any agree- 11 ment, deed, lease, conveyance or other instrument evidencing such 12 consent or given as an incident thereto shall be authorized in the 13 manner provided in article twenty-two of the compact of April thirtieth, 14 nineteen hundred twenty-one between the two states creating the Port 15 Authority and continued by subdivision two of section one hundred three 16 of this article. 17 2. The states of New York and New Jersey hereby consent to suits, 18 actions or proceedings of any form or nature in law, equity or otherwise 19 by any municipality against the Port Authority upon, in connection with 20 or arising out of any such agreement, agreements or any modification 21 thereof or supplement thereto, for the following types of relief and for 22 such purposes only: 23 (a) for money damages for breach thereof; 24 (b) for money damages for torts arising out of the operation of the 25 municipal marine terminal; 26 (c) for rent; 27 (d) for specific performance; 28 (e) for reformation thereof; 29 (f) for an accounting; 30 (g) For declaratory judgment; 31 (h) for judgments, orders or decrees restraining or enjoining the Port 32 Authority from transferring title to real property to third persons in 33 cases where it has contracted with such municipality to transfer such 34 title to such municipality; and 35 (i) for judgments, orders or decrees restraining or enjoining the Port 36 Authority from committing or continuing to commit other breaches of such 37 agreements with such municipality, provided that such judgment, order or 38 decree shall not be entered except upon two days' prior written notice 39 to the Port Authority of the proposed entry thereof and provided 40 further, that upon an appeal taken by the Port Authority from such judg- 41 ment, order or decree the service of the notice of appeal shall perfect 42 the appeal and shall stay the execution of such judgment, order or 43 decree appealed from, without an undertaking or other security. 44 3. When rules of venue are applicable, the venue of any such suit, 45 action or proceeding shall be laid in the county or judicial district in 46 which the marine terminal, which is the subject matter of such agreement 47 between the Port Authority and such municipality, or any part thereof, 48 is located. 49 4. If any clause, sentence, paragraph, or part of this subdivision or 50 the application thereof to any person or circumstances, shall, for any 51 reason, be adjudged by a court of competent jurisdiction to be invalid, 52 such judgment shall not affect, impair, or invalidate the remainder of 53 this subdivision, and the application thereof to any other person or 54 circumstances, but shall be confined in its operation to the clause, 55 sentence, paragraph or part thereof directly involved in the controversyA. 9644 55 1 in which such judgment shall have been rendered and to the person or 2 circumstances involved. 3 § 1105. Agreement between the states. This section and the preceding 4 sections hereof constitute an agreement between the states of New York 5 and New Jersey supplementary to the compact between the two states dated 6 April thirtieth, nineteen hundred twenty-one, and amendatory thereof and 7 continued by part I of this article and shall be liberally construed to 8 effectuate the purposes of said compact and of the comprehensive plan 9 heretofore adopted by the two states pursuant thereto, and the powers 10 vested in the Port Authority hereby shall be construed to be in aid of 11 and supplemental to and not in limitation or derogation of any of the 12 powers heretofore conferred upon or delegated to the Port Authority. 13 § 1106. Acquisition of land by eminent domain or condemnation. 14 Subject to the limitation provided for in section eleven hundred two of 15 this part that the Port Authority may not acquire any marine terminal 16 owned or operated by any municipality or any other property vested in or 17 held by any municipality without the authority or consent of such muni- 18 cipality, the Port Authority may, at its option, exercise the right of 19 eminent domain or condemnation to acquire real property in the state of 20 New York for marine terminal purposes as set forth in this section: 21 1. If for any of the purposes of this part (including temporary 22 construction purposes, and the making of additions, extensions, or 23 improvements to marine terminals already constructed) the Port Authority 24 shall find it necessary, convenient or desirable to acquire any real 25 property as herein defined, whether for immediate or future use, the 26 Port Authority may find and determine that such property, whether a fee 27 simple absolute or a lesser interest, is required for a public use, and 28 upon such determination, the said real property shall be and shall be 29 deemed to be required for such public use until otherwise determined by 30 the Port Authority; and, subject to the limitation hereinbefore specif- 31 ically noted, the said determination shall not be affected by the fact 32 that such property has theretofore been taken for, or is then devoted 33 to, a public use; but the public use in the hands or under the control 34 of the Port Authority shall be deemed superior to the public use in the 35 hands of any other person, association or corporation, provided, howev- 36 er, that nothing herein contained shall be construed to permit the 37 taking by exercise of the right of eminent domain by the Port Authority 38 of any property owned by any railroad or railway corporation and devoted 39 to use by such corporation in its operations, or acquired prior to the 40 effective date of this part and held for such use, without the authority 41 or consent of such corporation. 42 The Port Authority may acquire and is hereby authorized to acquire 43 such property, whether a fee simple absolute or a lesser interest, by 44 the exercise of the right of eminent domain under and pursuant to the 45 provisions of the eminent domain procedure law of the state of New York. 46 2. Unless and until the state of New York otherwise provides by law, 47 the Port Authority shall not have the power to acquire real property in 48 the state of New York for marine terminal purposes by condemnation or 49 the right of eminent domain except for real property within the two 50 tracts in the borough of Brooklyn, county of Kings, city and state of 51 New York, hereinafter bounded and described, necessary, convenient or 52 desirable, in the opinion of the Port Authority, for the purpose of 53 making additions, extensions or improvements to the Port Authority 54 marine terminal known as the Brooklyn-Port Authority piers: 55 (a) TRACT IA. 9644 56 1 BEGINNING at a point formed by the intersection of the centerline of 2 Fulton Street and the centerline of Furman Street running thence (1) 3 southwesterly along the centerline of Furman Street to the northeasterly 4 side of Joralemon Street; thence (2) northwesterly along the northeast- 5 erly side of Joralemon Street three hundred twenty five and twenty-five 6 one hundredths feet more or less, to the point of intersection of said 7 northeasterly side of Joralemon Street with the southeasterly boundary 8 of the land granted by the people of the state of New York to New York 9 Dock Company by grant dated April 1, 1902 and recorded in the office of 10 the Regster of Kings county on April 19, 1902 in liber 16, section 1 of 11 conveyances, page 52; thence (3) southwesterly along said southeasterly 12 boundary of the grant to New York Dock Company thirty feet to the point 13 of intersection of said southeasterly boundary of the grant to New York 14 Dock Company with the northeasterly boundary of the grant made by the 15 people of the state of New York to John Schenck and others dated August 16 2, 1851 and recorded in the office of the Register of Kings county in 17 liber 532 of conveyances at page 310; thence (4) northwesterly along the 18 northeasterly boundary line of said grant to Schenck and others, forty- 19 three and eighty-nine one-hundredths feet to the point of intersection 20 of said course number (4) with a line drawn parallel with and distant 21 one and eighty-five one-hundredths feet northwesterly from the northwes- 22 terly boundary (or a northeasterly projection of said boundary) of lands 23 conveyed by New York Dock Company to New York Dock Trade Facilities 24 Corporation by deed dated August 1, 1928 and recorded in the office of 25 the Register of Kings county in liber 4957 of conveyances at page 239; 26 thence (5) southwesterly along said line above-mentioned parallel with 27 the northwesterly boundary (or a northeasterly projection of said bound- 28 ary) of said lands conveyed to New York Dock Trade Facilities Corpo- 29 ration, thirty-three and seventy one-hundredths feet to the point of 30 intersection of said course number (5) with the southwesterly face of 31 the column standing at the northwesterly corner of the building known as 32 the Trade Facilities Building; thence (6) southeasterly at right angles 33 to said course no. (5) along the southwesterly face of the above-men- 34 tioned column, one and eighty-five one-hundredths feet to the point of 35 intersection of said course number (6) with the northwesterly boundary 36 of the above-mentioned lands conveyed by New York Dock Company to New 37 York Dock Trade Facilities Corporation; thence (7) southwesterly along 38 said northwesterly boundary of lands conveyed to New York Dock Trade 39 Facilities Corporation, three hundred sixty-nine and seventy one-hun- 40 dredths feet, to the point of intersection of said course number (7) 41 with the southwesterly boundary of lands granted by the people of the 42 state of New York to Harriet D. Talmage by grant dated August 2, 1851 43 and recorded in the office of the Register of Kings county in liber 4937 44 of conveyances at page 185; thence (8) northwesterly along said south- 45 westerly boundary of the land of Harriet D. Talmage and along the south- 46 westerly boundary of grant made by the people of the state of New York 47 to Franklin Woodruff by deed dated November 22, 1881 and recorded in the 48 office of the Register of Kings county in liber 1445 of conveyances at 49 page 247; and along the southwesterly boundary line of lands granted by 50 the people of the state of New York to New York Dock Company by grant 51 dated April 1, 1902 and recorded in the office of the Register of Kings 52 county in liber 16, section 1 of conveyances, page 52, for a total 53 distance of seven hundred sixty-six and seventeen one-hundredths feet, 54 more or less, as measured along said southwesterly boundary lines of the 55 aforesaid grants to the point of intersection of said southwesterly 56 boundary line of lands granted to New York Dock Company by grants datedA. 9644 57 1 April 1, 1902 and November 14, 1907 with the exterior pierhead line 2 established by the New York Harbor Line Board on November 4, 1897 and 3 confirmed by chapter 776 of the laws of 1900; thence (9) northeasterly 4 along said exterior pierhead line to the intersection thereof with the 5 centerline of Fulton Street projected westerly; thence (10) southeaster- 6 ly along the centerline of Fulton Street as projected to the inter- 7 section thereof with the centerline of Furman Street at the point or 8 place of beginning. 9 (b) TRACT II 10 BEGINNING at a point formed by the intersection of the southerly line 11 of Atlantic Avenue and the centerline of Columbia Street running thence 12 (1) southwesterly along the centerline of Columbia Street to the inter- 13 section thereof with the centerline of Kane Street; thence (2) 14 northwesterly along the centerline of Kane Street to the intersection 15 thereof with the centerline of Van Brunt Street; thence (3) southwes- 16 terly along the centerline of Van Brunt Street to the intersection ther- 17 eof with the centerline of Summit Street; thence (4) northwesterly 18 along the centerline of Summit Street to the intersection thereof with 19 the centerline of Imlay Street; thence (5) southwesterly along the 20 centerline of Imlay Street to a point where said centerline of Imlay 21 Street intersects the centerline of Bowne Street (sixty feet wide) 22 projected northwesterly across Imlay Street and the line of lands 23 conveyed by New York Dock Company to Imlay Corporation by deed dated 24 July 28, 1950; thence (6) northwesterly along said centerline of Bowne 25 Street projected northwesterly from the centerline of Imlay Street a 26 distance of one hundred thirty-three feet seven inches more or less; 27 thence (7) southwesterly parallel with the northwesterly side of Imlay 28 Street five hundred twenty feet to a point in a line which is the center 29 line of Commerce Street projected northwesterly from the northwesterly 30 side of Imlay Street; thence (8) northwesterly along said line which is 31 the center line of Commerce Street projected northwesterly from the 32 northwesterly side of Imlay Street twenty-three feet six inches; thence 33 (9) southwesterly parallel with the northwesterly side of Imlay Street 34 four hundred fifty-seven feet eight inches; thence (10) northwesterly 35 parallel with the northeasterly side of Verona Street projected 36 northwesterly across Imlay Street four feet eight inches; thence (11) 37 southwesterly parallel with the northwesterly side of Imlay Street nine- 38 ty-two feet four inches to the intersection of said course number (11) 39 with the southwesterly side of Verona Street projected northwesterly 40 across Imlay Street; thence (12) northwesterly along the southwesterly 41 side of Verona Street projected northwesterly from the northwesterly 42 side of Imlay Street forty-three feet three inches to the southeasterly 43 boundary of Commercial Wharf; thence (13) southwesterly along the 44 southeasterly boundary of Commercial Wharf four hundred ninety feet to 45 the centerline of Pioneer Street (sixty feet wide); thence (14) 46 northwesterly along the centerline of Pioneer Street ten feet to the 47 centerline of Conover Street as extended; thence (15) southwesterly 48 along the centerline of Conover Street two hundred sixty feet more or 49 less to the intersection thereof with the centerline of King Street; 50 thence (16) northwesterly along the centerline of King Street five 51 hundred sixty feet more or less to the intersection thereof with the 52 centerline of Ferris Street; thence (17) southwesterly along the 53 centerline of Ferris Street one hundred forty-four feet more or less; 54 thence (18) northwesterly and parallel with the centerline of Sullivan 55 Street four hundred twenty-six feet; thence (19) northeasterly parallel 56 with the northwesterly side of Ferris Street three hundred thirty-oneA. 9644 58 1 feet three and one half inches; thence (20) northwesterly along a line 2 forming an exterior angle of ninety-nine degrees fifty-four minutes and 3 forty-one seconds with course number (19) hereof, two hundred thirty- 4 eight feet two inches to the United States pierhead line thence (21) 5 northeasterly along the United States pierhead line to the point of 6 intersection of said pierhead line with a line drawn in continuation of 7 the southerly side of Atlantic Avenue; thence (22) southeasterly along 8 said line drawn in continuation of the southerly side of Atlantic Avenue 9 and along the said southerly side of Atlantic Avenue, one thousand three 10 hundred seventy-five and sixty-seven one-hundredths feet, more or less 11 to the point or place of beginning. 12 3. The foregoing limitations shall not be construed to limit, affect 13 or impair the power of the Port Authority to acquire real property at 14 any time or place for marine terminal purposes by negotiation or in any 15 manner other than by condemnation or the exercise of the right of 16 eminent domain. 17 § 1107. Unappropriated lands. In the event that the Port Authority 18 shall find it necessary or desirable to acquire any unappropriated state 19 land or lands under water in the state of New York for marine terminal 20 purposes, the commissioner of general services may grant, transfer or 21 convey such unappropriated state land or lands under water to the Port 22 Authority under such terms and conditions as may be determined by said 23 commissioner. 24 § 1108. Funding; bonds. The obligations issued by the port authority 25 to provide funds for any marine terminal purpose are hereby made securi- 26 ties in which all state and municipal officers and bodies of both 27 states, all trust companies and banks other than savings banks, all 28 building and loan associations, savings and loan associations, invest- 29 ment companies and other persons carrying on a commercial banking busi- 30 ness, all insurance companies, insurance associations and other persons 31 carrying on an insurance business, and all administrators, executors, 32 guardians, trustees and other fiduciaries, and all other persons and 33 legal entities whatsoever (other than savings banks), who are now or may 34 hereafter be authorized by either state to invest in bonds of such 35 state, may properly and legally invest any funds, including capital, 36 belonging to them or within their control, and said obligations are 37 hereby made securities which may properly and legally be deposited with 38 and shall be received by any state or municipal officer or agency of 39 either state for any purpose for which the deposit of bonds of such 40 state is now or may hereafter be authorized. The obligations issued by 41 the port authority to provide funds for any marine terminal purpose as 42 security for which the general reserve fund of the port authority 43 authorized by chapter forty-eight of the laws of New York of nineteen 44 hundred thirty-one as amended and continued by part XXIX of this arti- 45 cle, shall have been pledged in whole or in part are hereby made securi- 46 ties in which all savings banks also may properly and legally invest any 47 funds, including capital, belonging to them or within their control. 48 PART XII 49 AIR TERMINALS 50 Section 1201. Authorization. 51 1202. Restrictions. 52 1203. Definitions. 53 1204. Purpose. 54 1205. Operation of air terminals; noise prohibition.A. 9644 59 1 1206. Taxes; assessments. 2 1207. General reserve fund; repayment. 3 1208. Bonds. 4 1209. Municipality consent. 5 1210. Acquisition limitations. 6 1211. Federal aid. 7 1212. Lands under water. 8 1213. Repayment of bonds and obligations. 9 1214. Contrary declarations. 10 1215. Agreement between the states. 11 1216. Federal aid procedure; application. 12 § 1201. Authorization. Upon the concurrence of the state of New 13 Jersey, the states of New York and New Jersey declare and agree that 14 each air terminal within the Port of New York District serves the entire 15 district, and that the problem of furnishing proper and adequate air 16 terminal facilities within the district is a regional and interstate 17 problem, and that it is and shall be the policy of the two states to 18 encourage the integration of such air terminals so far as practicable in 19 a unified system. 20 Accordingly, in furtherance of said policy and in partial effectuation 21 of the comprehensive plan, heretofore adopted by the two states for the 22 development of terminal and transportation facilities in the Port of New 23 York District, the states of New York and New Jersey agree that the port 24 authority shall be authorized to effectuate, establish, acquire, 25 construct, rehabilitate, improve, maintain and operate air terminals, as 26 hereinafter defined, within the Port of New York District, and the two 27 said states further agree that all cities and other state and local 28 agencies shall be and they hereby are authorized to cooperate with the 29 port authority in the development of air terminals, as hereinafter 30 provided. 31 § 1202. Restrictions. Nothing herein contained shall be construed to 32 authorize the port authority to acquire any air terminal owned or oper- 33 ated by any city or other municipality or public authority, or any other 34 property now or hereafter vested in or held by any city or other munici- 35 pality or public authority, without the authority or consent of such 36 city or other municipality or public authority, as provided in the 37 compact of April thirtieth, nineteen hundred twenty-one, and continued 38 by part I of this article, between the states of New York and New 39 Jersey, nor shall anything herein impair or invalidate in any way any 40 bonded indebtedness of the state, or any city or other municipality or 41 public authority, nor impair the provisions of law regulating the 42 payment into sinking funds of revenue derived from municipal property, 43 or dedicating the revenues derived from municipal property to a specific 44 purpose. 45 § 1203. Definitions. The following terms as used herein shall mean: 46 1. "Air terminals" shall mean developments consisting of runways, 47 hangars, control towers, ramps, wharves, bulkheads, buildings, struc- 48 tures, parking areas, improvements, facilities or other real property 49 necessary, convenient or desirable for the landing, taking off, accommo- 50 dation and servicing of aircraft of all types, including but not limited 51 to airplanes, airships, dirigibles, helicopters, gliders, amphibians, 52 seaplanes, or any other contrivance now or hereafter used for the navi- 53 gation of or flight in air or space, operated by carriers engaged in the 54 transportation of passengers or cargo, or for the loading, unloading, 55 interchange or transfer of such passengers or their baggage, or such 56 cargo, or otherwise for the accommodation, use or convenience of suchA. 9644 60 1 passengers, or such carriers or their employees (facilities and accommo- 2 dations at sites removed from landing fields and other landing areas, 3 however, except as otherwise provided in this section, to be limited to 4 ticket stations and passenger stations for air passengers, to express 5 and freight stations for air express and air freight, and to beacons and 6 other aids to air navigation), or for the landing, taking off, accommo- 7 dation and servicing of aircraft owned or operated by persons other than 8 carriers. It shall also mean facilities providing access to an air 9 terminal, consisting of rail, rapid transit or other forms of mass 10 transportation which furnish a connection between the air terminal and 11 other points in the port district, including appropriate mass transpor- 12 tation terminal facilities at and within the air terminal itself and 13 suitable offsite facilities for the accommodation of air passengers, 14 baggage, mail, express, freight and other users of the connecting facil- 15 ity. It shall also mean such highway project or projects in the vicini- 16 ty of an air terminal providing improved access to such air terminal as 17 shall be designated in legislation adopted by the two states. Notwith- 18 standing any contrary provision of law, general, special or local, it 19 shall also mean railroad freight projects related or of benefit to an 20 air terminal or which are necessary, convenient or desirable in the 21 opinion of the port authority for the protection or promotion of the 22 commerce of the port district, consisting of railroad freight transpor- 23 tation facilities or railroad freight terminal facilities; and any 24 equipment, improvement, structure or facility or any land, and any 25 building, structure, facility or other improvement thereon, or any 26 combination thereof, and all real and personal property in connection 27 therewith or incidental thereto, deemed necessary or desirable in the 28 opinion of the port authority, whether or not now in existence or under 29 construction, for the undertaking of such railroad freight projects. 30 2. "Air terminal bonds" shall mean bonds issued by the port authority 31 for air terminal purposes. 32 3. "Air terminal purposes" shall mean the effectuation, establishment, 33 acquisition, construction, rehabilitation, improvement, maintenance or 34 operation of air terminals owned, leased or operated by the port author- 35 ity of New York and New Jersey (including airports operated under revo- 36 cable permits) or operated by others pursuant to agreements with the 37 port authority. 38 4. "Bonds" shall mean bonds, notes, securities or other obligations or 39 evidences of indebtedness. 40 5. "General reserve fund" shall mean the general reserve fund of the 41 port authority authorized by chapter forty-eight of the laws of New York 42 of nineteen hundred thirty-one as amended and continued by part XXIX of 43 this article, and chapter five of the laws of New Jersey of nineteen 44 hundred thirty-one, as amended. 45 6. "General reserve fund statutes" shall mean chapter forty-eight of 46 the laws of New York of nineteen hundred thirty-one as amended and 47 continued by part XXIX of this article, and chapter five of the laws of 48 New Jersey of nineteen hundred thirty-one, as amended. 49 7. "Municipality" shall mean a county, city, borough, village, town- 50 ship, town, public agency, public authority or political subdivision. 51 8. "Real property" shall mean lands, structures, franchises and inter- 52 ests in land, including air space and air rights, waters, lands under 53 water and riparian rights, and any and all things and rights included 54 within the said term, and includes not only fees simple absolute but 55 also any and all lesser interests, including but not limited to ease- 56 ments, rights of way, uses, leases, licenses and all other incorporealA. 9644 61 1 hereditaments and every estate, interest or right, legal or equitable, 2 including terms for years and liens thereon by way of judgments, mort- 3 gages or otherwise. 4 § 1204. Purpose. The effectuation, establishment, acquisition, 5 construction, rehabilitation, improvement, maintenance and operation of 6 air terminals by the port authority is and will be in all respects for 7 the benefit of the people of the states of New York and New Jersey, for 8 the increase of their commerce and prosperity, and for the improvement 9 of their health and living conditions; and the port authority shall be 10 regarded as performing an essential governmental function in undertaking 11 the effectuation, establishment, acquisition, construction, rehabili- 12 tation, improvement, maintenance or operation thereof, and in carrying 13 out the provisions of law relating thereto. 14 § 1205. Operation of air terminals; noise prohibition. 1. The port 15 authority shall not permit or contract for the landing or takeoff of any 16 aircraft which emits a noise in excess of 108 EPNdB as measured as set 17 forth herein at any airport it maintains or operates; provided, however, 18 in any case of emergency involving the possible saving of human life, 19 the prohibition of this subdivision may be temporarily suspended. 20 2. Measurement. For purposes of this section, aircraft noise is to be 21 measured at the following points: 22 (a) For takeoff, at a point 3.5 nautical miles from the start of the 23 takeoff roll on the extended centerline of the runway; 24 (b) For approach, at a point one nautical mile from the threshold on 25 the extended centerline of the runway; and 26 (c) For the sideline, at the point, on a line parallel to and 0.25 27 nautical miles from the extended centerline of the runway, where the 28 noise level after liftoff is greatest, except that, for airplanes 29 powered by more than three turbojet engines, this distance must be 0.35 30 nautical miles. 31 3. Exceptions. Notwithstanding the requirements of subdivisions one 32 and two of this section the port authority in its discretion may, up to 33 a maximum noise level not exceeding 112 PNdB on takeoff, as measured by 34 the port authority in the manner used by the port authority to make such 35 measurements on the effective date of this section, grant an exception 36 thereto to any classification of aircraft built prior to the effective 37 date of this part and which has heretofore used the airport facilities 38 of the port authority, even though said aircraft does not comply with 39 subdivisions one and two of this section, upon a showing that (a) the 40 aircraft is capable of being equipped with retrofit equipment to reduce 41 the noise thereof to comply with the foregoing requirements of the 42 airport operator, and, in addition, (b) that such modification by way of 43 retrofit to reduce its noise shall be accomplished upon such terms and 44 conditions to assure compliance as the port authority, as airport opera- 45 tor, may require, within five years of the date of application for an 46 exception hereunder but in no event later than June first, nineteen 47 hundred eighty-one. 48 § 1206. Taxes; assessments. The port authority shall be required to 49 pay no taxes or assessments upon any of the property acquired or used by 50 it for air terminal purposes; but this shall not be construed to 51 prevent the port authority and municipalities from entering into agree- 52 ments for the payment of fair and reasonable sums by the port authority 53 annually in accordance with legislation heretofore adopted by the two 54 states, to the end that such municipalities may not suffer undue loss of 55 taxes and assessments by reason of the acquisition and ownership of 56 property by the port authority for air terminal purposes.A. 9644 62 1 § 1207. General reserve fund; repayment. The moneys in the general 2 reserve fund of the port authority may be pledged in whole or in part by 3 the port authority as security for or applied by it to the repayment 4 with interest of any moneys which it may raise upon bonds issued by it 5 from time to time to provide funds for air terminal purposes; and the 6 moneys in said general reserve fund may be applied by the port authority 7 to the fulfillment of any other undertakings which it may assume to or 8 for the benefit of the holders of any such bonds. 9 Subject to prior liens and pledges, (and to the obligation of the port 10 authority to apply revenues to the maintenance of its general reserve 11 fund in the amount prescribed by the general reserve fund statutes), the 12 revenues of the port authority from facilities established, constructed, 13 acquired or effectuated through the issuance or sale of bonds of the 14 port authority secured by a pledge of its general reserve fund may be 15 pledged in whole or in part as security for or applied by it to the 16 repayment with interest of any moneys which it may raise upon bonds 17 issued by it to provide funds for air terminal purposes, and said reven- 18 ues may be applied by the port authority to the fulfillment of any other 19 undertakings which it may assume to or for the benefit of the holders of 20 such bonds. 21 § 1208. Bonds. The bonds issued by the port authority to provide funds 22 for air terminal purposes are hereby made securities in which all state 23 and municipal officers and bodies of both states, all banks, bankers, 24 trust companies, savings banks, building and loan associations, savings 25 and loan associations, investment companies and other persons carrying 26 on a banking business, all insurance companies, insurance associations 27 and other persons carrying on an insurance business, and all administra- 28 tors, executors, guardians, trustees and other fiduciaries, and all 29 other persons whatsoever, who are now or may hereafter be authorized by 30 either state to invest in bonds or other obligations of such state, may 31 properly and legally invest any funds, including capital, belonging to 32 them or within their control; and said bonds are hereby made securities 33 which may properly and legally be deposited with and shall be received 34 by any state or municipal officer or agency of either state for any 35 purpose for which the deposit of bonds or other obligations of such 36 state is now or may hereafter be authorized. 37 § 1209. Municipality consent. 1. Notwithstanding any contrary 38 provision of law, every municipality in the Port of New York District is 39 authorized and empowered to consent to the use by the port authority of 40 any air terminal owned by such municipality or of any real or personal 41 property owned by such municipality and necessary, convenient or desira- 42 ble in the opinion of the port authority for air terminal purposes, 43 including such real property as has already been devoted to a public 44 use, and as an incident to such consent, to grant, convey, lease, or 45 otherwise transfer to the port authority any such air terminal or real 46 or personal property, upon such terms as may be determined by the port 47 authority and such municipality. Every such municipality is also 48 authorized and empowered as an incident to such consent to vest in the 49 port authority the control, operation, maintenance, rents, tolls, charg- 50 es and any and all other revenues of any air terminal now owned by such 51 municipality, the title to such air terminal remaining in such munici- 52 pality. Such consent shall be given and the execution of any agreement, 53 deed, lease, conveyance, or other instrument evidencing such consent or 54 given as an incident thereto shall be authorized in the manner provided 55 in article twenty-two of the compact of April thirtieth, nineteenA. 9644 63 1 hundred twenty-one, and continued by part I of this article, between the 2 two states creating the port authority. 3 2. Notwithstanding any contrary provision of law, every municipality 4 outside the port district is authorized and empowered to consent to the 5 use of real property owned by such municipality and necessary, conven- 6 ient or desirable in the opinion of the port authority for beacons or 7 other aids to navigation, or to the use of any air space over real prop- 8 erty owned by such municipality; and as an incident to such consent, to 9 grant, lease, convey or otherwise transfer to the port authority such 10 real property or air space. 11 Such consent shall be given and the execution of any agreement, deed, 12 lease, conveyance or other instrument evidencing such consent or given 13 as an incident thereto, shall be given by the officer, board or body 14 authorized by law to convey such property, or if no officer, board or 15 body be otherwise authorized so to do, by the governing body of such 16 municipality. 17 3. The states of New York and New Jersey hereby consent to suits, 18 actions or proceedings of any form or nature in law, equity or otherwise 19 by any city or other municipality against the port authority upon, in 20 connection with or arising out of any such agreement, agreements, or any 21 modification thereof or supplement thereto, for the following types of 22 relief and for such purposes only: 23 (a) For money damages for breach thereof, 24 (b) For money damages for torts arising out of the operation of the 25 municipal air terminal, 26 (c) For rent, 27 (d) For specific performance, 28 (e) For reformation thereof, 29 (f) For accounting, 30 (g) For declaratory judgment, 31 (h) For judgments, orders or decrees restraining or enjoining the port 32 authority from transferring title to real property to third persons in 33 cases where it has contracted with such city or other municipality to 34 transfer such title to such city or municipality, and 35 (i) For judgments, orders or decrees restraining or enjoining the port 36 authority from committing or continuing to commit other breaches of such 37 agreements with such municipality, provided that such judgment, order or 38 decree shall not be entered except upon two days' prior written notice 39 to the port authority of the proposed entry thereof and provided 40 further, that upon an appeal taken by the port authority from such judg- 41 ment, order or decree the service of the notice of appeal shall perfect 42 the appeal and shall stay the execution of such judgment, order or 43 decree appealed from, without an undertaking or other security. 44 4. When rules of venue are applicable, the venue of any such suit, 45 action or proceeding shall be laid in the county or judicial district in 46 which the air terminal, which is the subject matter of such agreement 47 between the port authority and the city or other municipality, or any 48 part thereof, is located. 49 5. If any clause, sentence, paragraph, or part of this subdivision, or 50 the application thereof to any person or circumstances, shall, for any 51 reason, be adjudged by a court of competent jurisdiction to be invalid, 52 such judgment shall not affect, impair, or invalidate the remainder of 53 this subdivision, and the application thereof to any other person or 54 circumstances, but shall be confined in its operation to the clause, 55 sentence, paragraph, or part thereof directly involved in the controver-A. 9644 64 1 sy in which such judgment shall have been rendered and to the person or 2 circumstances involved. 3 § 1210. Acquisition limitations. The powers hereinafter granted to 4 the port authority to acquire real property by condemnation or the right 5 of eminent domain shall be subject to the limitations set forth in 6 section twelve hundred two of this part, and also to the following 7 further limitations: 8 1. Unless and until the state of New York otherwise provides by law, 9 the port authority shall not have power to acquire real property in that 10 state for air terminal purposes by condemnation or the right of eminent 11 domain except for the purpose of making additions, extensions and 12 improvements to the three air terminals in New York city known as La 13 Guardia airport, John F. Kennedy international airport (formerly known 14 as Idlewild airport), and Floyd Bennett airport, for the purpose of 15 acquiring air rights or preventing or removing actual or potential 16 hazards to air navigation within three miles of the runways at said air 17 terminals as such runways may now or hereafter exist, and for the 18 purpose of establishing or maintaining beacons and other aids to air 19 navigation in connection with said three air terminals, whether or not 20 within three miles of said runways. The port authority shall not have 21 power to acquire by condemnation or the right of eminent domain real 22 property in or under the waters of Jamaica Bay for the purpose of adding 23 to, expanding, extending or constructing runway extensions, or incorpo- 24 rating such lands into the airport operation; however, this section 25 shall not prohibit the port authority from acquiring such lands for 26 installing flight control and safety equipment to service its existing 27 runways, nor from installing anti-pollution devices and equipment in 28 accordance with its anti-pollution program adopted for the air terminals 29 in New York city known as John F. Kennedy international airport or Floyd 30 Bennett airport. 31 2. Unless and until the state of New Jersey otherwise provides by law, 32 the port authority shall not have the power to acquire real property in 33 the state of New Jersey for air terminal purposes by condemnation or the 34 right of eminent domain except for the purpose of making additions, 35 extensions and improvements to the air terminal known as Newark airport 36 (including additions, extensions and improvements thereto located in the 37 city of Elizabeth), for the purpose of acquiring air rights or prevent- 38 ing or removing actual or potential hazards to air navigation within 39 three miles of the runways at said air terminal as such runways may now 40 or hereafter exist, and for the purpose of establishing or maintaining 41 beacons and other aids to air navigation in connection with said air 42 terminal, whether or not within three miles of said runways. 43 3. Unless otherwise provided by law by the state in which such real 44 property is located, the port authority shall not have power to acquire 45 for air terminal purposes by condemnation, acquisition pursuant to the 46 provisions of the eminent domain procedure law, or the right of eminent 47 domain subsequent to June thirtieth, nineteen hundred fifty-two, any 48 real property taken for and actually devoted to a public use, provided, 49 that this limitation shall not apply to real property a proceeding for 50 the acquisition of which was initiated prior to that date. 51 4. The foregoing limitations shall not be construed to limit, affect 52 or impair the power of the port authority to acquire real property at 53 any time and place for air terminal purposes by negotiation or in any 54 other manner than by condemnation, acquisition pursuant to the 55 provisions of the eminent domain procedure law, or by the exercise of 56 the right of eminent domain.A. 9644 65 1 5. Subject to the foregoing limitations, if the port authority shall 2 find it necessary or convenient to acquire any real property for air 3 terminal purposes, whether for immediate or future use, the port author- 4 ity may find and determine that such property, whether a fee simple 5 absolute or a lesser interest, is required for a public use, and upon 6 such determination the said property shall be and shall be deemed to be 7 required for such public use until otherwise determined by the port 8 authority, and such determination shall not be affected by the fact that 9 such property has theretofore been taken for and is then devoted to a 10 public use; but the public use in the hands or under the control of the 11 port authority shall be deemed superior to the public use in the hands 12 of any other person, association or corporation except a municipality 13 within or without the port district. The port authority may acquire and 14 is hereby authorized to acquire such property, whether a fee simple 15 absolute or a lesser estate, by the exercise of the right of eminent 16 domain under and pursuant to the eminent domain procedure law of the 17 state of New York, in the case of property located in such state, and 18 revised statutes of New Jersey, Title 20:1-1 et seq., in the case of 19 property situated in such state, or at the option of the port authority 20 pursuant to such other and alternate procedure in each state as may be 21 provided by law by such state. The port authority shall have such power 22 of eminent domain not only in respect to real property located within 23 the Port of New York District but also as to any real property located 24 outside of the port district which is necessary, incidental or conven- 25 ient for the effectuation, establishment, acquisition, construction, 26 rehabilitation or improvement, and maintenance and operation of air 27 terminals within the port district. Nothing herein contained shall be 28 construed to prevent the port authority from bringing any proceedings to 29 remove a cloud on title or such other proceedings as it may, in its 30 discretion, deem proper and necessary, or acquiring any such property by 31 negotiation or purchase. 32 § 1211. Federal aid. The port authority may make application directly 33 to the proper federal officials or agencies for federal loans or grants 34 in aid of air terminals owned or operated by it; provided, that if 35 either state shall have or adopt general legislation governing applica- 36 tions for federal aid for air terminals by municipalities of such state, 37 or the receipt or disbursement of such federal aid by or on behalf of 38 such municipalities, then such legislation shall at the option of such 39 state apply to applications by the port authority for federal aid for 40 air terminals located in such state and to the receipt and disbursement 41 of such federal aid by or on behalf of the port authority, in the same 42 manner and to the same extent as other municipalities of such state. 43 Except as above provided, no agency or commission of either state shall 44 have jurisdiction over any air terminals under the control of the port 45 authority, and all details of financing, construction, leasing, charges, 46 rates, tolls, contracts and the operation of air terminals owned or 47 controlled by the port authority shall be within its sole discretion and 48 its decision in connection with any and all matters concerning such air 49 terminals shall be controlling and conclusive. The local laws, resol- 50 utions, ordinances, rules and regulations of a municipality within which 51 an air terminal is situated shall apply to such air terminal, if so 52 provided in any agreement between the port authority and such munici- 53 pality, and to the extent provided in such agreement. 54 § 1212. Lands under water. In the event that the port authority shall 55 find it necessary or desirable to acquire any unappropriated state lands 56 or lands under water in the state of New York for air terminal purposes,A. 9644 66 1 the commissioner of general services of that state may grant, transfer 2 or convey such unappropriated state lands or lands under water to the 3 port authority upon such consideration, terms and conditions as may be 4 determined by said commissioner, except that no lands under the waters 5 of Jamaica Bay may be granted, transferred or conveyed to the port 6 authority for air terminal purposes by said commissioner except as 7 provided in paragraph one of section twelve hundred ten of this part. 8 In the event that the port authority shall find it necessary or desir- 9 able to acquire any lands under water in the state of New Jersey for air 10 terminal purposes, the division of navigation of the department of 11 conservation of that state may grant, transfer or convey such lands 12 under water to the port authority in accordance with the statutes of 13 that state governing the making of riparian grants and leases, upon such 14 terms and conditions as may be determined by said division. 15 In the event that the port authority shall find it necessary or desir- 16 able to acquire any real property required or used for state highway 17 purposes in the state of New Jersey, the state highway department of the 18 state of New Jersey may grant, transfer or convey such real property to 19 the port authority upon such terms and conditions as may be determined 20 by said state highway department. 21 § 1213. Repayment of bonds and obligations. The two states covenant 22 and agree with each other and with the holders of any bonds of the port 23 authority issued or incurred for air terminal purposes and as security 24 for which there may or shall be pledged (directly or indirectly, or 25 through the medium of its general reserve fund or otherwise), the reven- 26 ues, or any part thereof, of any air terminal or other facility owned or 27 operated by the port authority, that the two states will not, so long as 28 any of such bonds or other obligations remain outstanding and unpaid, 29 diminish or impair the power of the port authority to establish, levy 30 and collect landing fees, charges, rents, tolls or other fees in 31 connection therewith. 32 § 1214. Contrary declarations. Any declarations contained herein and 33 in the concurrent act of the state of New Jersey with respect to the 34 governmental nature of air terminals and to the exemption of air termi- 35 nal property from taxation and to the discretion of the port authority 36 with respect to air terminal operations shall not be construed to imply 37 that other port authority property and operations are not of a govern- 38 mental nature, or that they are subject to taxation, or that the deter- 39 minations of the port authority with respect thereto are not conclusive. 40 § 1215. Agreement between the states. This section and the preceding 41 sections of this part constitute an agreement between the states of New 42 York and New Jersey supplementary to the compact between the two states 43 dated April thirtieth, nineteen hundred twenty-one, and amendatory ther- 44 eof, and continued by part I of this article, and shall be liberally 45 construed to effectuate the purposes of said compact and of the compre- 46 hensive plan heretofore adopted by the two states, and the powers vested 47 in the port authority hereby shall be construed to be in aid of and 48 supplemental to and not in limitation of or in derogation of any of the 49 powers heretofore conferred upon or delegated to the port authority. 50 § 1216. Federal aid procedure; application. The state of New York 51 hereby elects to exercise the option reserved to each state by section 52 twelve hundred eleven of this part (and by the corresponding section of 53 the New Jersey statute concurring herein); and accordingly, if by the 54 effective date of chapter 802 of the laws of 1947, this state has 55 adopted, or if thereafter it shall adopt general legislation governing 56 applications for federal aid for air terminals by municipalities of thisA. 9644 67 1 state or the receipt or disbursement of such federal aid by or on behalf 2 of such municipalities, such legislation shall apply to applications by 3 the port authority for federal aid for air terminals located in this 4 state in the same manner and to the same extent as other municipalities 5 of this state, provided, that if such legislation shall require such 6 applications for federal aid to be approved by any officer, board, 7 commission, department or other agency of this state or shall require 8 the consent of any such agency of this state to the submission thereof 9 to the federal government, or shall require any such agency of this 10 state to be designated by municipalities as their agent to collect or 11 disburse such federal aid, or shall contain any other requirement vest- 12 ing any such agency of this state with power or discretion with respect 13 to the making of such applications for federal aid or the receipt or 14 disbursement thereof, then such officer, board, commission, department 15 or other agency of this state shall have power to waive such requirement 16 in whole or in part temporarily or permanently insofar as the port 17 authority is concerned. 18 PART XIII 19 EMINENT DOMAIN 20 Section 1301. Right of eminent domain. 21 § 1301. Right of eminent domain. The powers granted to the port 22 authority by this part shall be deemed to be in aid of and supplemental 23 to and not in limitation or derogation of the powers otherwise conferred 24 upon it; and nothing herein contained shall be construed to prevent the 25 port authority from exercising the right of eminent domain under and 26 pursuant to the eminent domain procedure law of the state of New York, 27 or any other applicable law of this state, in any case where it is 28 authorized so to do. 29 PART XIV 30 SUITS AGAINST THE PORT AUTHORITY 31 Section 1401. Suits against the port authority. 32 1402. Prior causes of action. 33 1403. Contract causes of action. 34 1404. Civil suits; statutory penalties. 35 1405. Further restrictions. 36 1406. Venue. 37 1407. Statute of limitations. 38 1408. Notice of claim. 39 1409. Limits of liability. 40 1410. Other suits, actions or proceedings. 41 1411. Agreement between the states. 42 § 1401. Suits against the port authority. Upon the concurrence of 43 the state of New Jersey, the states of New York and New Jersey consent 44 to suits, actions or proceedings of any form or nature at law, in equity 45 or otherwise (including proceedings to enforce arbitration agreements) 46 against the port authority, and to appeals therefrom and reviews there- 47 of, except as hereinafter provided in sections fourteen hundred two 48 through fourteen hundred five of this part, inclusive. 49 § 1402. Prior causes of action. The foregoing consent does not extend 50 to suits, actions or proceedings upon any causes of action whatsoever 51 accruing before the effective date of chapter 301 of the laws of 1950, 52 other than causes of actions upon, in connection with, or arising out ofA. 9644 68 1 notes, bonds or other obligations or securities secured by a pledge of 2 the general reserve fund of the port authority. 3 § 1403. Contract causes of action. The foregoing consent does not 4 extend to suits, actions or proceedings upon any causes of action what- 5 soever, upon, in connection with, or arising out of any contract, 6 express or implied, entered into or assumed by or assigned to the port 7 authority before the effective date of this part (including any supple- 8 ment to, or amendment, extension or renewal of any such contract, even 9 if such supplement, amendment, extension or renewal is made on or after 10 the effective date of chapter 301 of the laws of 1950), regardless of 11 whether such cause of action accrued before or after that date, other 12 than causes of action upon, in connection with or arising out of notes, 13 bonds or other obligations or securities secured by a pledge of the 14 general reserve fund of the port authority. 15 § 1404. Civil suits; statutory penalties. The foregoing consent does 16 not extend to civil suits, actions or proceedings for the recovery of 17 statutory penalties. 18 § 1405. Further restrictions. The foregoing consent does not extend 19 to suits, actions or proceedings for judgments, orders or decrees 20 restraining, enjoining or preventing the port authority from committing 21 or continuing to commit any act or acts, other than suits, actions or 22 proceedings by the attorney general of New York or by the attorney 23 general of New Jersey--each of whom is hereby authorized to bring such 24 suits, actions or proceedings in his discretion on behalf of any person 25 or persons whatsoever who requests him so to do except in the cases 26 excluded by sections fourteen hundred two, fourteen hundred three and 27 fourteen hundred four of this part; provided, that in any such suit, 28 action or proceeding, no judgment, order or decree shall be entered 29 except upon at least two days' prior written notice to the port authori- 30 ty of the proposed entry thereof. 31 § 1406. Venue. The foregoing consent is granted upon the condition 32 that venue in any suit, action or proceeding against the port authority 33 shall be laid within a county or a judicial district, established by one 34 of said states or by the United States, and situated wholly or partially 35 within the port of New York district. The port authority shall be deemed 36 to be a resident of each such county or judicial district for the 37 purpose of such suits, actions or proceedings. Although the port author- 38 ity is engaged in the performance of governmental functions, the said 39 two states consent to liability on the part of the port authority in 40 such suits, actions or proceedings for tortious acts committed by it and 41 its agents to the same extent as though it were a private corporation. 42 § 1407. Statute of limitations. The foregoing consent is granted upon 43 the condition that any suit, action or proceeding prosecuted or main- 44 tained under this part shall be commenced within one year after the 45 cause of action therefor shall have accrued, and upon the further condi- 46 tion that in the case of any suit, action or proceeding for the recovery 47 or payment of money, prosecuted or maintained under this part, a notice 48 of claim shall have been served upon the port authority by or on behalf 49 of the plaintiff or plaintiffs at least sixty days before such suit, 50 action or proceeding is commenced. The provisions of this section shall 51 not apply to claims arising out of provisions of any workers' compen- 52 sation law of either state. 53 § 1408. Notice of claim. The notice of claim required by section 54 fourteen hundred seven of this part shall be in writing, sworn to by or 55 on behalf of the claimant or claimants, and shall set forth (1) the name 56 and post office address of each claimant and of his attorney, if any,A. 9644 69 1 (2) the nature of the claim, (3) the time when, the place where and the 2 manner in which the claim arose, and (4) the items of damage or injuries 3 claimed to have been sustained so far as then practicable. Such notice 4 may be served in the manner in which process may be served, or in lieu 5 thereof, may be sent by registered mail to the port authority at its 6 principal office. Where the claimant is a person under the age of eigh- 7 teen years or is mentally or physically incapacitated and by reason of 8 such disability no notice of claim is filed or suit, action or proceed- 9 ing commenced within the time specified in section fourteen hundred 10 seven of this part, or where a person entitled to make a claim dies and 11 by reason of his death no notice of claim is filed or suit, action or 12 proceeding commenced within the time specified in section fourteen 13 hundred seven of this part then any court in which such suit, action or 14 proceeding may be brought may in its discretion grant leave to serve the 15 notice of claim and to commence the suit, action or proceeding within a 16 reasonable time but in any event within three years after the cause of 17 action accrued. Application for such leave must be made upon an affida- 18 vit showing the particular facts which caused the delay and shall be 19 accompanied by a copy of the proposed notice of claim if such notice has 20 not been served, and such application shall be made only upon notice to 21 the port authority. 22 § 1409. Limits of liability. The commissioners, officers or employees 23 of the port authority shall not be subject to suits, actions or 24 proceedings for judgments, orders or decrees restraining, preventing or 25 enjoining them in their official or personal capacities from committing 26 or continuing to commit any act or acts on behalf of the port authority 27 other than suits, actions and proceedings brought by the attorney gener- 28 al of New York or by the attorney general of New Jersey or by the port 29 authority itself--each of said attorneys general being hereby authorized 30 to bring such suits, actions or proceedings in his discretion on behalf 31 of any person or persons whatsoever who requests him so to do except in 32 the cases excluded by sections fourteen hundred two, fourteen hundred 33 three and fourteen hundred four of this part; provided, that in any such 34 suit, action or proceeding brought by either attorney general, no judg- 35 ment, order or decree shall be entered except upon at least two days' 36 notice to the defendant of the proposed entry thereof. 37 § 1410. Other suits, actions or proceedings. Nothing herein shall be 38 deemed to revoke, rescind or affect any consents to suits, actions or 39 proceedings against the port authority heretofore given by the two said 40 states in chapter eight hundred two of the laws of New York of nineteen 41 hundred forty-seven, as amended, and continued by part XII of this arti- 42 cle, and chapter forty-three of the laws of New Jersey of nineteen 43 hundred forty-seven, as amended; chapter six hundred thirty-one of the 44 laws of New York of nineteen hundred forty-seven, as amended, and 45 continued by part XI of this article; chapter forty-four of the laws of 46 New Jersey of nineteen hundred forty-seven, as amended, and chapter five 47 hundred thirty-four of the laws of New York of nineteen hundred forty- 48 eight, and continued by part XI of this article, and chapter ninety-sev- 49 en of the laws of New Jersey of nineteen hundred forty-eight. 50 § 1411. Agreement between the states. This part together with the act 51 of the state of New Jersey concurring herein, shall constitute an agree- 52 ment between the states of New York and New Jersey supplementary to and 53 amendatory of the compact between the two said states dated April thir- 54 tieth, nineteen hundred twenty-one and continued by part I of this arti- 55 cle.A. 9644 70 1 PART XV 2 TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS 3 Section 1501. Governing authority. 4 1502. Tolls; other charges. 5 1503. Operation restrictions. 6 1504. Port authority police force. 7 1505. Driving procedure. 8 1506. Operation requirements. 9 1507. Accident protocol. 10 1508. Transport restrictions. 11 1509. Violations. 12 1510. Definitions. 13 1511. Severability. 14 1512. Repeal of previous rules and regulations. 15 1513. Agreement between the states. 16 1514. Compliance with state law. 17 1515. Felonies. 18 1516. Misdemeanors. 19 1517. Owner liability for failure of operator to comply with 20 toll collection regulations of the port authority. 21 1518. Imposition of liability for failure of operator to comply 22 with toll collection regulations of the port authority. 23 1519. Adjudication of liability. 24 § 1501. Governing authority. To the end that the interstate vehicular 25 crossings operated by the port authority, pursuant to the compact of 26 April thirtieth, nineteen hundred twenty-one between the states of New 27 York and New Jersey creating the port authority, may be efficiently and 28 safely operated in the interest of the people of the states of New York 29 and New Jersey and of the nation, the following rules and regulations 30 governing traffic on vehicular crossings operated by the port authority, 31 set forth in sections fifteen hundred two through fifteen hundred eight 32 of this part, are hereby adopted by the legislatures of the two states, 33 and are declared to be binding upon all persons and corporations 34 affected thereby. 35 § 1502. Tolls; other charges. No traffic shall be permitted in or 36 upon vehicular crossings except upon the payment of such tolls and other 37 charges as may from time to time be prescribed by the port authority. It 38 is hereby declared to be unlawful for any person to refuse to pay, or to 39 evade or to attempt to evade the payment of such tolls or other charges. 40 § 1503. Operation restrictions. No vehicle shall be operated care- 41 lessly or negligently, or in disregard of the rights or safety of 42 others, or without due caution and circumspection, or at a speed or in a 43 manner so as to endanger unreasonably or to be likely to endanger unrea- 44 sonably persons or property, or while the operator thereof is under the 45 influence of intoxicating liquors or any narcotic or habit-forming drug, 46 nor shall any vehicle be so constructed, equipped or loaded as to endan- 47 ger unreasonably or to be likely to endanger unreasonably persons or 48 property. 49 § 1504. Port authority police force. All persons in or upon vehicular 50 crossings must at all times comply with any lawful order, signal or 51 direction by voice or hand of any member of the port authority police 52 force. When traffic is controlled by traffic lights, signs or by mechan- 53 ical or electrical signals, such lights, signs and signals shall be 54 obeyed unless a port authority police officer directs otherwise.A. 9644 71 1 § 1505. Driving procedure. Unless otherwise directed, vehicles shall 2 at all times stay to the right of the center of all roadways except in 3 the case of one-way roadways; slow-moving vehicles shall remain as close 4 as possible to the right-hand edge or curb of the roadway; and where a 5 roadway is marked with traffic lanes vehicles shall not cross markings. 6 § 1506. Operation requirements. No person shall operate a motor vehi- 7 cle in or upon any part of a vehicular crossing unless he is duly 8 authorized to operate motor vehicles in the state in which such part of 9 the vehicular crossing is located. No motor vehicle shall be permitted 10 in or upon any part of a vehicular crossing which is not registered in 11 accordance with the provisions of the law of the state in which such 12 part of the vehicular crossing is located. 13 § 1507. Accident protocol. The operator of any vehicle involved in an 14 accident resulting in injury or death to any person or damage to any 15 property shall immediately stop such vehicle at the scene of the acci- 16 dent, render such assistance as may be needed, and give his name, 17 address, and operator's license and registration number to the person 18 injured or to any officer or witness of the injury. The operator of such 19 vehicle shall make a report of such accident in accordance with the law 20 of the state in which such accident occurred. 21 § 1508. Transport restrictions. No person shall transport in or upon 22 a vehicular crossing, any dynamite, nitroglycerin, black powder, fire- 23 works, blasting caps or other explosives, gasoline, alcohol, ether, 24 liquid shellac, kerosene, turpentine, formaldehyde or other inflammable 25 or combustible liquids, ammonium nitrate, sodium chlorate, wet hemp, 26 powdered metallic magnesium, nitro-cellulose film, peroxides or other 27 readily inflammable solids or oxidizing materials, hydrochloric acid, 28 sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen- 29 ic, carbolic acid, potassium cyanide, tear gas, lewisite or any other 30 poisonous substances, liquids or gases, or any compressed gas, or any 31 radio-active article, substance or material, at such time or place or in 32 such manner or condition as to endanger unreasonably or as to be likely 33 to endanger unreasonably persons or property. 34 § 1509. Violations. Violations of the rules and regulations set forth 35 in sections fifteen hundred two through fifteen hundred eight of this 36 part committed within the territorial limits of either state shall be 37 punishable as may be provided by the laws of such state but the penal- 38 ties prescribed by either state shall not preclude the port authority 39 from excluding from vehicular crossings permanently or for a specified 40 time, all vehicles violating any of the said rules and regulations, as 41 well as other vehicles owned or operated by the owner or operator of 42 such vehicle. 43 § 1510. Definitions. The following terms as used herein shall have 44 the indicated meanings: 45 1. "Traffic" shall include pedestrians, ridden animals, herded animals 46 and vehicles whether moved by human power or otherwise. 47 2. "Vehicular crossings" shall include not only bridges and tunnels 48 operated by the port authority, but also their plazas and approaches, 49 but shall not include any lands granted by the port authority to the 50 states of New York or New Jersey or to a municipality for street or 51 highway purposes even though such street or highway constitutes a means 52 of access to or egress from such vehicular crossing. 53 § 1511. Severability. If any term or provision of this part shall be 54 declared unconstitutional or ineffective in whole or in part by a court 55 of competent jurisdiction, then to the extent that it is not unconstitu- 56 tional or ineffective, such term or provisions shall be enforced andA. 9644 72 1 effectuated, nor shall such determination be deemed to invalidate the 2 remaining terms or provisions thereof. 3 § 1512. Repeal of previous rules and regulations. The two said states 4 agree that chapter two hundred fifty-one of the laws of New York of 5 nineteen hundred thirty-four, entitled "An act establishing rules and 6 regulations for the control of traffic on the interstate bridges and 7 tunnels operated by the Port of New York Authority and prescribing 8 proceedings and penalties for their violations", and chapter one hundred 9 forty-six of the pamphlet laws of New Jersey, nineteen hundred thirty- 10 two, entitled "An act establishing rules and regulations for the control 11 of traffic on the inter-state bridges and tunnels operated by the Port 12 of New York Authority and prescribing proceedings and penalties for 13 their violations", shall be and are repealed as of the date this part 14 takes effect. 15 § 1513. Agreement between the states. This section and the preceding 16 sections of this part, together with the corresponding sections of the 17 act of the state of New Jersey concurring herein, shall constitute an 18 agreement between the states of New York and New Jersey supplementary to 19 the compact between the two states dated April thirtieth, nineteen 20 hundred twenty-one, and amendatory thereof, and shall be liberally 21 construed to effectuate the purposes of said compact and of the agree- 22 ments of the two states amendatory thereof or supplemental thereto; and 23 shall be construed to be in aid of and supplemental to and not in limi- 24 tation of or in derogation of the powers heretofore conferred upon or 25 delegated to the port authority. 26 § 1514. Compliance with state law. If the violation within the state 27 of any of the rules and regulations set forth in sections fifteen 28 hundred two through fifteen hundred eight of this part including but not 29 limited to those regarding the payment of tolls, would have been a felo- 30 ny, misdemeanor or other punishable offense if committed on any public 31 road, street, highway or turnpike in the municipality in which such 32 violation occurred, it shall be tried and punished in the same manner as 33 if it had been committed on such public road, street, highway or turn- 34 pike. 35 § 1515. Felonies. Notwithstanding the provisions of section fifteen 36 hundred fourteen of this part, if the violation within the state of the 37 rule and regulation set forth in section fifteen hundred nine of this 38 part shall result in injury or death to a person or persons or damage to 39 property in excess of the value of five thousand dollars, such violation 40 shall constitute a felony. 41 § 1516. Misdemeanors. Except as provided in sections fifteen hundred 42 fourteen and fifteen hundred fifteen of this part, any violation within 43 the state of any of the rules and regulations set forth in sections 44 fifteen hundred two through fifteen hundred eight of this part including 45 but not limited to those regarding the payment of tolls, shall consti- 46 tute a misdemeanor and shall be punishable as an offense triable in a 47 magistrate's court by a fine not exceeding five hundred dollars or by 48 imprisonment not exceeding sixty days or by both such fine and imprison- 49 ment. 50 § 1517. Owner liability for failure of operator to comply with toll 51 collection regulations of the port authority. Notwithstanding any other 52 provision of law and in accordance with the provisions of section 53 fifteen hundred eighteen of this part, an owner of a vehicle may be held 54 liable for failure of an operator thereof to comply with the toll 55 collection regulations of the port authority of New York and New Jersey 56 (hereinafter called port authority). The owner of a vehicle shall beA. 9644 73 1 liable pursuant to this section if such vehicle was used or operated 2 with the permission of the owner, express or implied, in violation of 3 the toll collection regulations of the port authority, and such 4 violation is evidenced by information obtained from a photo-monitoring 5 system, provided, however, that no owner of a vehicle shall be liable 6 where the operator of such vehicle has been convicted of a violation of 7 those toll collection regulations for the same incident. 8 § 1518. Imposition of liability for failure of operator to comply with 9 toll collection regulations of the port authority. The liability set 10 forth in section fifteen hundred seventeen of this part, shall be 11 imposed upon an owner for a violation by an operator of the toll 12 collection regulations of the port authority occurring within the terri- 13 torial limits of the state of New York in accordance with the following: 14 1. For the purposes of this section, the term "owner" shall mean any 15 person, corporation, partnership, firm, agency, association, lessor, or 16 organization who, at the time of the violation in any city in which a 17 vehicle is operated: (a) is the beneficial or equitable owner of such 18 vehicle; or (b) has title to such vehicle; or (c) is the registrant or 19 co-registrant of such vehicle which is registered with the department of 20 motor vehicles of this state or any other state, territory, district, 21 province, nation or other jurisdiction; or (d) subject to the limita- 22 tions set forth in subdivision six of this section, uses such vehicle in 23 its vehicle renting and/or leasing business; and includes (e) a person 24 entitled to the use and possession of a vehicle subject to a security 25 interest in another person. For the purposes of this section, the term 26 "operator" shall mean any person, corporation, firm, partnership, agen- 27 cy, association, organization or lessee that uses or operates a vehicle 28 with or without the permission of the owner, and an owner who operates 29 his or her own vehicle. For purposes of this section, the term "photo- 30 monitoring system" shall mean a vehicle sensor installed to work in 31 conjunction with a toll collection facility which automatically produces 32 one or more photographs, one or more microphotographs, a videotape or 33 other recorded images of each vehicle at the time it is used or operated 34 in violation of the toll collection regulations of the port authority. 35 For purposes of this section, the term "toll collection regulations of 36 the port authority" shall refer to the traffic regulations for inter- 37 state vehicular crossings operated by the port authority as set forth in 38 this part and in chapter one hundred ninety-two of the laws of New 39 Jersey of nineteen hundred fifty, and specifically that section of the 40 laws which prohibits traffic in or upon vehicular crossings operated by 41 the port authority except upon the payment of such tolls and other 42 charges as may from time to time be prescribed by the port authority and 43 which further makes it unlawful for any person to refuse to pay, or to 44 evade or to attempt to evade the payment of such tolls or other charges. 45 For purposes of this section, the term "vehicle" shall mean every device 46 in, upon, or by which a person or property is or may be transported or 47 drawn upon a highway, except devices used exclusively upon stationary 48 rails or tracks. 49 2. A certificate, sworn to or affirmed by an agent of the port author- 50 ity, or a facsimile thereof, based upon inspection of photographs, 51 microphotographs, videotape or other recorded images produced by a 52 photo-monitoring system shall be prima facie evidence of the facts 53 contained therein and shall be admissible in any proceeding charging a 54 violation of toll collection regulations of the port authority, provided 55 that any photographs, microphotographs, videotape or other recorded 56 images evidencing such a violation shall be available for inspection andA. 9644 74 1 admission into evidence in any proceeding to adjudicate the liability 2 for such violation. 3 3. An imposition of liability pursuant to this section shall be based 4 upon a preponderance of evidence as submitted. An imposition of liabil- 5 ity pursuant to this section shall not be deemed a conviction of an 6 operator and shall not be made part of the motor vehicle operating 7 record, furnished pursuant to section three hundred fifty-four of the 8 vehicle and traffic law, of the person upon whom such liability is 9 imposed nor shall it be used for insurance purposes in the provision of 10 motor vehicle insurance coverage. 11 4. (a) A notice of liability shall be sent by first class mail to each 12 person alleged to be liable as an owner for a violation pursuant to this 13 section of the toll collection regulations of the port authority. Such 14 notice shall be mailed no later than thirty days after the alleged 15 violation. Personal delivery on the owner shall not be required. A manu- 16 al or automatic record of mailing prepared in the ordinary course of 17 business shall be prima facie evidence of the mailing of the notice. 18 (b) A notice of liability shall contain the name and address of the 19 person alleged to be liable as an owner for a violation of the toll 20 collection regulations of the port authority pursuant to this section, 21 the registration number of the vehicle involved in such violation, the 22 location where such violation took place, the date and time of such 23 violation and the identification number of the photo-monitoring system 24 which recorded the violation or other document locator number. 25 (c) The notice of liability shall contain information advising the 26 person charged of the manner and the time in which he may contest the 27 liability alleged in the notice. Such notice of liability shall also 28 contain a warning to advise the persons charged that failure to contest 29 in the manner and time provided shall be deemed an admission of liabil- 30 ity and that a default judgment may be entered thereon. 31 (d) The notice of liability shall be prepared and mailed by the port 32 authority or its duly authorized agent. 33 5. If an owner receives a notice of liability pursuant to this section 34 for any time period during which the vehicle was reported to the police 35 department as having been stolen, it shall be a valid defense to an 36 allegation of liability for a violation of the toll collection regu- 37 lations of the port authority that the vehicle had been reported to the 38 police as stolen prior to the time the violation occurred and had not 39 been recovered by such time. If an owner receives a notice of liability 40 pursuant to this section for any time period during which the vehicle 41 was stolen, but not as yet reported to the police as having been stolen, 42 it shall be a valid defense to an allegation of liability for a 43 violation of toll collection regulations of the port authority pursuant 44 to this section that the vehicle was reported as stolen within two hours 45 after discovery of the theft by the owner. For purposes of asserting the 46 defense provided by this subdivision, it shall be sufficient that a 47 certified copy of the police report on the stolen vehicle be sent by 48 first class mail to the court or other entity having jurisdiction. 49 6. An owner, as defined in paragraph (a) of subdivision one of this 50 section, who is a lessor of a vehicle to which a notice of liability was 51 issued pursuant to subdivision four of this section shall not be liable 52 pursuant to this section for the violation of the toll collection regu- 53 lations of the port authority provided that he or she sends to the port 54 authority serving the notice of liability and to the court or other 55 entity having jurisdiction a copy of the rental, lease or other such 56 contract document covering such vehicle on the date of the violation,A. 9644 75 1 with the name and address of the lessee clearly legible, within thirty 2 days after receiving from the port authority or its duly authorized 3 agent the original notice of liability. Failure to send such information 4 within such thirty day time period shall render the lessor liable for 5 the penalty prescribed by this section. Where the lessor complies with 6 the provisions of this subdivision, the lessee of such vehicle on the 7 date of such violation shall be deemed to be the owner of such vehicle 8 for purposes of this section and shall be subject to liability for the 9 violation of toll collection regulations of the port authority provided 10 that the port authority or its duly authorized agent mails a notice of 11 liability to the lessee within ten days after the court, or other entity 12 having jurisdiction, deems the lessee to be the owner. For purposes of 13 this subdivision the term "lessor" shall mean any person, corporation, 14 firm, partnership, agency, association or organization engaged in the 15 business of renting or leasing vehicles to any lessee under a rental 16 agreement, lease or otherwise wherein the said lessee has the exclusive 17 use of said vehicle for any period of time. For the purposes of this 18 subdivision, the term "lessee" shall mean any person, corporation, firm, 19 partnership, agency, association or organization that rents, leases or 20 contracts for the use of one or more vehicles and has exclusive use 21 thereof for any period of time. 22 7. Except as provided in subdivision six of this section, if a person 23 receives a notice of liability pursuant to this section it shall be a 24 valid defense to an allegation of liability for a violation of toll 25 collection regulations of the port authority that the individual who 26 received the notice of liability pursuant to this section was not the 27 owner of the vehicle at the time the violation occurred. If the owner 28 liable for a violation of the toll collection regulations of the port 29 authority pursuant to this section was not the operator of the vehicle 30 at the time of the violation, the owner may maintain an action for 31 indemnification against the operator. The operator of the vehicle may 32 apply to the court or other entity having jurisdiction to adjudicate the 33 liability imposed under this section to accept responsibility for the 34 violation and satisfactorily discharge all applicable tolls, charges, 35 and penalties related to the violation. 36 8. "Electronic toll collection system" shall mean a system of collect- 37 ing tolls or charges which is capable of charging an account holder the 38 appropriate toll or charge by transmission of information from an elec- 39 tronic device on a motor vehicle to the toll lane, which information is 40 used to charge the account the appropriate toll or charge. In adopting 41 procedures for the preparation and mailing of a notice of liability, the 42 port authority or its duly authorized agent shall adopt guidelines to 43 ensure adequate and timely notice to all electronic toll collection 44 system account holders to inform them when their accounts are delin- 45 quent. An owner who is an account holder under the electronic toll 46 collection system shall not be found liable for a violation of this 47 section unless such authority has first sent a notice of delinquency to 48 such account holder and the account holder was in fact delinquent at the 49 time of the violation. 50 9. Nothing in this section shall be construed to limit the liability 51 of an operator of a vehicle for any violation of the toll collection 52 regulations of the port authority. Nothing in this section shall author- 53 ize or preclude the port authority from excluding from any of its facil- 54 ities, in its sole discretion, any or all vehicles found liable under 55 this section as well as other vehicles owned or operated by the owner or 56 operator of such vehicle.A. 9644 76 1 10. Notwithstanding any other provision of law, all photographs, 2 microphotographs, videotape or other recorded images prepared pursuant 3 to this section shall be for the exclusive use of the port authority in 4 the discharge of its duties under this section and shall not be open to 5 the public nor be used in any court in any action or proceeding pending 6 therein unless such action or proceeding relates to the imposition of or 7 indemnification for liability pursuant to this section. The port author- 8 ity or its duly authorized agent shall not sell, distribute or make 9 available in any way, the names and addresses of electronic toll 10 collection system account holders, or any information compiled from 11 transactions with such account holders, without such account holders' 12 consent to any entity that will use such information for any commercial 13 purpose provided that the foregoing restriction shall not be deemed to 14 preclude the exchange of such information between any entities with 15 jurisdiction over and or operating a toll highway bridge and/or tunnel 16 facility. 17 § 1519. Adjudication of liability. Adjudication of the liability 18 imposed upon an owner by section fifteen hundred seventeen of this part 19 for a violation of the toll collection regulations of the port authority 20 occurring within the territorial limits of the state of New York shall 21 be in accordance with sections two hundred thirty-five, two hundred 22 thirty-six, two hundred thirty-seven, two hundred thirty-nine, two 23 hundred forty, two hundred forty-one, five hundred ten and eighteen 24 hundred nine of the vehicle and traffic law, or by such entity having 25 jurisdiction over violations of the toll collection regulations of the 26 port authority occurring within the territorial limits of the state of 27 New York, provided that all violations shall be heard and determined in 28 the county in which the violation is alleged to have occurred, or by 29 consent of both parties, in any county in the state of New York in which 30 the port authority operates or maintains a facility. An owner found 31 liable for a violation of toll collection regulations pursuant to this 32 section shall for a first violation thereof be liable for a monetary 33 penalty not to exceed fifty dollars or two times the toll evaded which- 34 ever is greater; for a second violation thereof both within eighteen 35 months be liable for a monetary penalty not to exceed one hundred 36 dollars or five times the toll evaded whichever is greater; for a third 37 or subsequent violation thereof all within eighteen months be liable for 38 a monetary penalty not to exceed one hundred fifty dollars or ten times 39 the toll evaded whichever is greater. 40 PART XVI 41 RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY 42 AIR AND MARINE TERMINALS 43 Section 1601. Definitions. 44 1602. Vehicle operation. 45 1603. Adherence to traffic signs and signals. 46 1604. Requiring use of right side of roadway. 47 1605. Authorization for operation. 48 1606. Procedures in case of causing injury. 49 1607. Prohibited items. 50 1608. Parking. 51 1609. Prosecution for violations. 52 1610. Felony for transport of prohibited items. 53 1611. Misdemeanor for certain violations. 54 1612. Exclusion of vehicles in violations.A. 9644 77 1 1613. Reserve clause. 2 § 1601. Definitions. The following terms as used herein shall have 3 the indicated meanings: 4 "Air terminals" shall mean developments operated by the port authority 5 consisting of runways, hangars, control towers, ramps, wharves, bulk- 6 heads, buildings, structures, parking areas, improvements, facilities or 7 other real property necessary, convenient or desirable for the landing, 8 taking off, accommodation and servicing of aircraft of all types, 9 including but not limited to airplanes, airships, dirigibles, helicop- 10 ters, gliders, amphibians, seaplanes, or any other contrivance now or 11 hereafter used for the navigation of or flight in air or space, operated 12 by carriers engaged in the transportation of passengers or cargo, or for 13 the loading, unloading, interchange or transfer of such passengers or 14 their baggage, or such cargo, or otherwise for the accommodation, use or 15 convenience of such passengers, or such carriers or their employees, or 16 for the landing, taking off, accommodation and servicing of aircraft 17 owned or operated by persons other than carriers. 18 "Air terminal highway" shall mean and include those portions of an air 19 terminal designated and made available temporarily or permanently by the 20 port authority to the public for general or limited highway use. 21 "Marine terminals" shall mean developments operated by the port 22 authority consisting of one or more piers, wharves, docks, bulkheads, 23 slips, basins, vehicular roadways, railroad connections, side tracks, 24 sidings or other buildings, structures, facilities or improvements, 25 necessary or convenient to the accommodation of steamships or other 26 vessels and their cargoes or passengers. 27 "Marine terminal highway" shall mean and include those portions of a 28 marine terminal designated and made available temporarily or permanently 29 by the port authority to the public for general or limited highway use. 30 "Traffic" shall mean and include pedestrians, animals and vehicles. 31 § 1602. Vehicle operation. No vehicle shall be operated on any air 32 terminal highway or marine terminal highway carelessly or negligently, 33 or in disregard of the rights or safety of others, or without due 34 caution and circumspection, or at a speed or in a manner so as to endan- 35 ger unreasonably or to be likely to endanger unreasonably persons or 36 property, or while the operator thereof is under the influence of intox- 37 icating liquors or any narcotic or habit-forming drug, nor shall any 38 vehicle be operated thereon if it is so constructed, equipped or loaded 39 as to endanger unreasonably or to be likely to endanger unreasonably 40 persons or property. 41 § 1603. Adherence to traffic signs and signals. All persons on any 42 air terminal highway or marine terminal highway must at all times comply 43 with any lawful order, signal or direction by voice or hand of any 44 member of the port authority police force. When traffic is controlled by 45 traffic lights, signs or by mechanical or electrical signals, such 46 lights, signs and signals shall be obeyed unless a port authority police 47 officer directs otherwise. 48 § 1604. Requiring use of right side of roadway. Unless otherwise 49 directed, all vehicles on any air terminal highway or marine terminal 50 highway shall at all times stay to the right of the center of the road- 51 way, except in the case of one-way roadways; slow-moving vehicles shall 52 remain as close as possible to the right-hand edge or curb of the road- 53 way; and where a roadway is marked with traffic lanes vehicles shall 54 not cross markings. 55 § 1605. Authorization for operation. No person shall operate a motor 56 vehicle on an air terminal highway or marine terminal highway unless heA. 9644 78 1 is duly authorized to operate such vehicle on state and municipal high- 2 ways in the state in which such air terminal highway or marine terminal 3 highway is located, or unless he is especially authorized by the port 4 authority to operate motor vehicles on such air terminal highway or 5 marine terminal highway. No motor vehicle shall be permitted on any air 6 terminal highway or marine terminal highway unless it is registered in 7 accordance with the provisions of the law of the state in which such air 8 terminal highway or marine terminal highway is located, or unless it is 9 especially authorized by the port authority to be operated on such air 10 terminal highway or marine terminal highway. 11 § 1606. Procedures in case of causing injury. The operator of any 12 vehicle involved in an accident on an air terminal highway or marine 13 terminal highway which results in injury or death to any person or 14 damage to any property shall immediately stop such vehicle at the scene 15 of the accident, render such assistance as may be needed, and give his 16 name, address, and operator's license and registration number to the 17 person injured or to any officer or witness of the injury. The operator 18 of such vehicle shall make a report of such accident in accordance with 19 the law of the state in which such accident occurred. 20 § 1607. Prohibited items. No person shall transport on any air termi- 21 nal highway or marine terminal highway any dynamite, nitroglycerin, 22 black powder, fireworks, blasting caps or other explosives, gasoline, 23 alcohol, ether, liquid shellac, kerosene, turpentine, formaldehyde or 24 other inflammable or combustible liquids, ammonium nitrate, sodium chlo- 25 rate, wet hemp, powdered metallic magnesium, nitro-cellulose film, 26 peroxides or other readily inflammable solids or oxidizing materials, 27 hydrochloric acid, sulfuric acid or other corrosive liquids, prussic 28 acid, phosgene, arsenic, carbolic acid, potassium cyanide, tear gas, 29 lewisite, or any other poisonous substances, liquids or gases, or any 30 compressed gas, or any radioactive article, substance or material, at 31 such time or place or in such manner or condition as to endanger unrea- 32 sonably or as to be likely to endanger unreasonably persons or property; 33 nor shall any person park any vehicle, or permit the same to remain 34 halted on any air terminal highway or marine terminal highway containing 35 any of the foregoing, at such time or place or in such manner or condi- 36 tion as to endanger unreasonably or as to be likely to endanger unrea- 37 sonably persons or property. 38 § 1608. Parking. No person shall park a vehicle or permit the same to 39 remain halted on any air terminal highway or marine terminal highway 40 except at such places and for such periods of time as may be prescribed 41 or permitted by the port authority. 42 § 1609. Prosecution for violations. If the violation within the state 43 of any of the rules and regulations set forth in this part, would have 44 been a felony, misdemeanor or other punishable offense if committed on 45 any public road, street, highway or turnpike in the municipality in 46 which such violation occurred, it shall be tried and punished in the 47 same manner as if it had been committed on such public road, street, 48 highway or turnpike. 49 § 1610. Felony for transport of prohibited items. Notwithstanding the 50 provisions of section sixteen hundred two of this part, if the violation 51 within the state of the rule and regulation promulgated pursuant to this 52 part shall result in injury or death to a person or persons or damage to 53 property in excess of the value of five thousand dollars, such violation 54 shall constitute a felony. 55 § 1611. Misdemeanor for certain violations. Except as provided in 56 sections sixteen hundred two and sixteen hundred three of this part, anyA. 9644 79 1 violation within the state of any of the rules and regulations promul- 2 gated pursuant to this part, shall constitute a misdemeanor and shall be 3 punishable as an offense triable in a magistrate's court by a fine not 4 exceeding five hundred dollars or by imprisonment not exceeding sixty 5 days or by both such fine and imprisonment. 6 § 1612. Exclusion of vehicles in violations. The penalties prescribed 7 in this part shall not preclude the port authority from excluding from 8 any air terminal highway or marine terminal highway, permanently or for 9 a specified time, all vehicles violating any of the rules and regu- 10 lations promulgated pursuant to this part, as well as other vehicles 11 owned or operated by the owner or operator of such vehicle. 12 § 1613. Reserve clause. Nothing herein contained shall be construed 13 to affect, diminish or impair the power of this state to enact any law, 14 or to impair or diminish, or as recognition of the impairment or diminu- 15 tion of any power of this state, legislative or otherwise, with respect 16 to the port authority, its properties, or persons or property thereon. 17 PART XVII 18 NEW YORK - NEW JERSEY AGREEMENT 19 Section 1701. Enforcement authority. 20 1702. Guidelines for interpretation. 21 § 1701. Enforcement authority. Upon the concurrence of the state of 22 New Jersey, the states of New York and New Jersey agree that each state, 23 in the discretion of its legislature, and without further consent or 24 concurrence by the other state, may from time to time prescribe, amend, 25 modify or rescind penalties for violations within its territorial limits 26 of any rule or regulation, otherwise authorized, of the port of New York 27 authority (hereinafter called the "port authority"), and procedures for 28 the enforcement of such penalties. 29 § 1702. Guidelines for interpretation. This section and section 30 seventeen hundred one of this part, together with corresponding sections 31 of the act of the state of New Jersey concurring herein shall constitute 32 an agreement between the states of New York and New Jersey supplemental 33 to the compact between the two states dated April thirtieth, nineteen 34 hundred twenty-one, and shall be liberally construed to effectuate the 35 purposes of said compact and of the agreements of the two states amenda- 36 tory thereof and supplemental thereto, and not in limitation of or in 37 derogation of any powers heretofore or hereinafter conferred upon or 38 delegated to the port authority, and not as granting any power to the 39 port authority to make rules and regulations except as elsewhere 40 provided in said compact and agreements, and shall not be construed to 41 affect, diminish or impair the power of either state to prescribe, 42 amend, modify or rescind such penalties, or to enact any other law, or 43 to imply that the concurrence of the other state therein is necessary, 44 or was necessary prior to the enactment of this part, or to impair or 45 diminish, or as recognition of the impairment or diminution of any power 46 of either state, legislative or otherwise, with respect to the port 47 authority, its properties, or persons or property thereon, or to affect 48 the interpretation of the aforesaid compact and agreements between the 49 two states. 50 PART XVIII 51 SMOKING REGULATION FOR TERMINALS 52 Section 1801. Smoking prohibition.A. 9644 80 1 1802. Penalties. 2 § 1801. Smoking prohibition. No person shall smoke, carry, or possess 3 a lighted cigarette, cigar, pipe, match or other lighted instrument 4 capable of causing naked flame in or about any area, building or 5 appurtenance of an air terminal, owned or operated by the port authori- 6 ty, or in or upon any area, bulkhead, dock, pier, wharf, warehouse, 7 building, structure or shed of a marine terminal, owned or operated by 8 the port authority, where smoking has been prohibited by the port 9 authority and where appropriate signs to that effect have been posted, 10 or on the open deck of any ship, lighter, carfloat, scow or other simi- 11 lar floating craft or equipment when berthed or moored at such dock, 12 wharf, pier or to a vessel made fast thereto. 13 § 1802. Penalties. Any violation of the rule and regulation set forth 14 in section eighteen hundred one of this part shall be punishable as an 15 offense triable in a magistrate's court, for a first offense, by a fine 16 of not more than fifty dollars or imprisonment for not more than thirty 17 days or both; for a second offense, by a fine of not less than twenty- 18 five dollars nor more than one hundred dollars or imprisonment for not 19 more than sixty days or both; for a third or any other subsequent 20 offense, by a fine of not less than fifty dollars nor more than two 21 hundred dollars or by imprisonment for not more than sixty days or both. 22 PART XIX 23 SUITS ON LEASE AT INTERNATIONAL AIRPORT 24 Section 1901. Suits on lease at International Airport. 25 1902. Effect. 26 1903. Venue. 27 1904. Consent. 28 1905. Agreement. 29 § 1901. Suits on lease at International Airport. Upon the concurrence 30 of the state of New Jersey, the states of New York and New Jersey 31 consent to suits, actions or proceedings (including proceedings to 32 enforce arbitration agreements and to enter judgments upon awards 33 resulting therefrom) of any form or nature, at law, in equity or other- 34 wise by any person or corporation engaged in the business of scheduled 35 transportation by aircraft, against the port authority, and to appeals 36 therefrom and reviews thereof, upon or for the enforcement of any writ- 37 ten contract for the use or occupancy of space, premises or facilities 38 at New York International Airport, in the county of Queens, city of New 39 York, state of New York, executed on or after January first, nineteen 40 hundred fifty-three between the port authority and any such person or 41 corporation, or by any such person or corporation so contracting with 42 the port authority upon any cause of action arising out of such use or 43 occupancy pursuant to any such written contract. 44 § 1902. Effect. The consent pursuant to section nineteen hundred one 45 of this part is granted upon the condition that in suits, actions or 46 proceedings thereunder for judgments, orders or decrees restraining or 47 enjoining the port authority from committing or continuing to commit 48 breaches of such written contract, no such judgment, order or decree 49 shall be entered except upon at least two days' prior written notice to 50 the port authority of the proposed entry thereof; and upon an appeal 51 taken by the port authority from such judgment, order or decree, the 52 service of the notice of appeal shall perfect the appeal, without an 53 undertaking or other security.A. 9644 81 1 § 1903. Venue. The venue in any suit, action or proceeding against 2 the port authority to which consent is given by this part shall be laid 3 within a county or a judicial district, established by one of said two 4 states or by the United States and situated wholly or partially within 5 the port of New York district. The port authority shall be deemed to be 6 a resident of each such county or judicial district for the purpose of 7 such suits, actions or proceedings and shall be deemed to be a citizen 8 of both of said two states. 9 § 1904. Consent. Nothing herein contained shall be deemed to revoke, 10 rescind or affect any consents to suits, actions or proceedings against 11 the port authority heretofore given by the two said states or the terms 12 and conditions upon which such consents are given. 13 § 1905. Agreement. This part together with the act of the state of 14 New Jersey concurring herein, shall constitute an agreement between the 15 states of New York and New Jersey supplementary to and amendatory of the 16 compact between the two said states dated April thirtieth, nineteen 17 hundred twenty-one. 18 PART XX 19 NARROWS BRIDGE 20 Section 2001. Determination to build bridge. 21 2002. Authorization for construction. 22 2003. Definitions. 23 2004. Authorization for agreement with the Triborough Authority. 24 2005. Funding. 25 2006. Bi-state covenant. 26 2007. Security bonds. 27 2008. Authorization to acquire real property. 28 2009. Prior consent required. 29 2010. Authorization of agents to enter property. 30 2011. Essential government function. 31 2012. Tax exemption on acquired property. 32 2013. Governmental nature. 33 2014. Agreement. 34 § 2001. Determination to build bridge. Upon the concurrence of the 35 state of New Jersey, the states of New York and New Jersey find, deter- 36 mine and agree that a bridge between Staten Island and Long Island, 37 constituting a part of the highway system of the port district, created 38 by their compact of April thirty, nineteen hundred twenty-one, will 39 facilitate the flow of traffic between the two states, will alleviate 40 congestion in the vehicular crossings of the Hudson river and will 41 promote the movement of commerce between the two states by providing a 42 direct connection between the state of New Jersey and Long Island in the 43 state of New York by way of Staten Island and that it is therefore the 44 policy of the two said states to provide such bridge. 45 § 2002. Authorization for construction. In furtherance of the afore- 46 said policy, and in partial effectuation of the comprehensive plan here- 47 tofore adopted by the two said states for the development of the said 48 port district, the Port of New York Authority is hereby authorized and 49 empowered to construct, own, maintain and operate a bridge (hereinafter 50 called the Narrows bridge) over the Narrows of New York bay, and, in its 51 discretion (and so long as it shall retain title to such bridge), such 52 additions and improvements thereto and such approaches thereto and 53 connections with highways and with the bridges between New Jersey and 54 Staten Island as the Port Authority may deem necessary or desirable.A. 9644 82 1 The Port Authority may effectuate such approaches or connections, in its 2 discretion, by agreement with any other public agency, which agreement 3 may provide for the construction, ownership, maintenance or operation of 4 such approaches or connections by such other public agency. 5 The Port Authority shall not commence the construction of the Narrows 6 bridge until after the execution of an agreement between the Port 7 Authority and the Triborough Bridge and Tunnel Authority (hereinafter 8 called the Triborough Authority) pursuant to section two thousand four 9 of this part. 10 § 2003. Definitions. The following terms as used in this part shall 11 mean: 12 "Bonds" shall mean bonds, notes, securities or other obligations or 13 evidences of indebtedness. 14 "General reserve fund statutes" shall mean chapter forty-eight of the 15 laws of New York of nineteen hundred thirty-one, as amended and contin- 16 ued by part XXIX of this article, and chapter five of the laws of New 17 Jersey of nineteen hundred thirty-one, as amended, and "general reserve 18 fund" shall mean the general reserve fund of the Port Authority author- 19 ized by said statutes. 20 "Narrows bridge" shall mean not only the bridge itself but also its 21 approaches, connections, additions and improvements. 22 "Narrows bridge bonds" shall mean bonds issued by the Port Authority 23 to provide funds for Narrows bridge purposes or bonds secured in whole 24 or in part by a pledge of the revenues of the Port Authority from the 25 Narrows bridge or bonds so issued and secured. 26 "Narrows bridge purposes" shall mean the effectuation, establishment, 27 construction, rehabilitation, improvement, maintenance or operation of 28 the Narrows bridge and purposes incidental thereto. 29 "Real property" shall mean lands, structures, franchises and interests 30 in land, waters, lands under water and riparian rights, and any and all 31 things and rights included within the said term, and includes not only 32 fees simple absolute but also any and all lesser interests, including 33 but not limited to easements, rights-of-way, uses, leases, licenses and 34 all other incorporeal hereditaments and every estate, interest or right, 35 legal or equitable, including terms for years and liens thereon by way 36 of judgments, mortgages or otherwise. 37 § 2004. Authorization for agreement with the Triborough Authority. 38 (a) The Port Authority is authorized and empowered to enter into an 39 agreement with the Triborough Authority (and from time to time to enter 40 into agreements amending the same) for the design, location, financing, 41 construction, maintenance and operation of the Narrows bridge and any 42 other matters of like or different character with respect to the Narrows 43 bridge, and by which the Port Authority may grant, convey, lease or 44 otherwise transfer to the Triborough Authority or to the city of New 45 York for the use and occupancy of the Triborough Authority any right, 46 title or interest of the Port Authority in the Narrows bridge and in any 47 part or parts thereof, upon such terms as may be determined by the Port 48 Authority and the Triborough Authority, including but not limited to 49 agreement as to the method of fixing the tolls, rents, charges and other 50 fees and the rules for the regulation of the use of the bridge. 51 (b) So long as the Port Authority shall retain title to the Narrows 52 bridge, it shall, so far as it deems it practicable, treat as a single 53 unified operation the effectuation of the Narrows bridge, the interstate 54 bridges and tunnels now operated by the Port Authority and any other 55 bridges or tunnels which it may construct or operate, raising moneys for 56 the construction thereof and for the making of additions and improve-A. 9644 83 1 ments thereto in whole or in part upon its own obligations, and, except 2 as provided in such agreement or any amendment thereof, establishing and 3 levying such tolls, rents, charges and other fees as it may deem neces- 4 sary to secure from all of such bridges and tunnels as a group at least 5 sufficient revenue to meet the expenses of the effectuation of such 6 bridges and tunnels as a group, and to provide for the payment of the 7 interest upon and amortization and retirement of and the fulfillment of 8 the terms of all bonds which it may have issued in connection therewith. 9 Except as provided in such agreement or any amendment thereof, no other 10 agency or commission of either state shall have jurisdiction over the 11 Narrows bridge so long as the Port Authority shall retain title thereto, 12 and, except as so provided, all details of the design, location, financ- 13 ing, construction, leasing, tolls, rents, charges and other fees, 14 contracts, maintenance and operation of and rules for the regulation of 15 the use of the Narrows bridge so long as the Port Authority shall retain 16 title thereto shall be within its sole discretion and its decision in 17 connection with any and all matters concerning such bridge shall be 18 controlling and conclusive. 19 (c) The states of New York and New Jersey hereby consent to suits, 20 actions or proceedings against the Port Authority upon, in connection 21 with or arising out of such agreement or any amendment thereof, by the 22 Triborough Authority, or by the city of New York if and to the extent 23 that such agreement or any amendment thereof shall create rights in the 24 city of New York, as follows: 25 (1) For judgments, orders or decrees restraining or enjoining the Port 26 Authority from transferring title to real property to other persons in 27 cases where it has agreed with the Triborough Authority to transfer such 28 title to the Triborough Authority or to the city of New York for the use 29 and occupancy of the Triborough Authority, and 30 (2) For judgments, orders or decrees restraining or enjoining the Port 31 Authority from committing or continuing to commit other breaches of such 32 agreement or any amendment thereof; provided, that such judgment, order 33 or decree shall not be entered except upon two days' prior written 34 notice to the Port Authority of the proposed entry thereof and provided 35 further, that upon an appeal taken by the Port Authority from such judg- 36 ment, order or decree the service of the notice of appeal shall perfect 37 the appeal and shall stay the execution of such judgment, order or 38 decree appealed from, without an undertaking or other security. 39 Nothing herein contained shall be deemed to revoke, rescind or affect 40 any consents to suits, actions or proceedings against the Port Authority 41 heretofore given by the two said states in chapter three hundred one of 42 the laws of New York of nineteen hundred fifty and continued by part XIV 43 of this article and chapter two hundred four of the laws of New Jersey 44 of nineteen hundred fifty-one. 45 § 2005. Funding. The moneys in the general reserve fund of the Port 46 Authority may be pledged in whole or in part by the Port Authority as 47 security for or applied by it to the repayment with interest of any 48 moneys which it may raise upon Narrows bridge bonds issued by it from 49 time to time and the moneys in said general reserve fund may be applied 50 by the Port Authority to the fulfillment of any other undertakings which 51 it may assume to or for the benefit of the holders of any such bonds. 52 Subject to prior liens and pledges (and to the obligation of the Port 53 Authority to apply revenues to the maintenance of its general reserve 54 fund in the amount prescribed by the general reserve fund statutes), the 55 revenues of the Port Authority from facilities established, constructed, 56 acquired or effectuated through the issuance or sale of bonds of theA. 9644 84 1 Port Authority secured by a pledge of its general reserve fund may be 2 pledged in whole or in part as security for or applied by it to the 3 repayment with interest of any moneys which it may raise upon Narrows 4 bridge bonds, and said revenues may be applied by the Port Authority to 5 the fulfillment of any other undertakings which it may assume to or for 6 the benefit of the holders of such bonds. 7 In the event that at any time the balance of moneys theretofore paid 8 into the general reserve fund and not applied therefrom shall exceed an 9 amount equal to one-tenth of the par value of all bonds legal for 10 investment, as defined and limited in the general reserve fund statutes, 11 issued by the Port Authority and currently outstanding at such time, by 12 reason of the retirement of Narrows bridge bonds the par value of which 13 had theretofore been included in the computation of said one-tenth, then 14 the Port Authority may pledge or apply such excess for and only for the 15 purposes for which it is authorized by the general reserve fund statutes 16 to pledge the moneys in the general reserve fund, and such pledge may be 17 made in advance of the time when such excess may occur. 18 § 2006. Bi-state covenant. The two states covenant and agree with 19 each other and with the holders of Narrows bridge bonds as security for 20 which there may or shall be pledged (directly or indirectly, or through 21 the medium of its general reserve fund or otherwise) the revenues, or 22 any part thereof, of the Narrows bridge or any other facility owned or 23 operated by the Port Authority, that the two states will not, so long as 24 any of such bonds remain outstanding and unpaid, diminish or impair the 25 power of the Port Authority to establish, levy and collect tolls, rents, 26 charges or other fees in connection with the Narrows bridge (so long as 27 the Port Authority shall retain title to such bridge) or any such other 28 facility; and that the two said states will not, so long as any of such 29 bonds remain outstanding and unpaid and so long as the Port Authority 30 shall retain title to the Narrows bridge, authorize the construction of 31 any other vehicular bridges or tunnels (other than bridges or tunnels 32 exclusively for railway rapid transit purposes) between Staten Island 33 and Long Island by any person or body other than the Port Authority. 34 § 2007. Security bonds. Narrows bridge bonds are hereby made securi- 35 ties in which all state and municipal officers and bodies of both 36 states, all banks, bankers, trust companies, savings banks, building and 37 loan associations, savings and loan associations, investment companies 38 and other persons carrying on a banking business, all insurance compa- 39 nies, insurance associations and other persons carrying on an insurance 40 business, and all administrators, executors, guardians, trustees and 41 other fiduciaries, and all other persons whatsoever, who are now or may 42 hereafter be authorized by either state to invest in bonds of such 43 state, may properly and legally invest any funds, including capital, 44 belonging to them or within their control; and said bonds are hereby 45 made securities which may properly and legally be deposited with and 46 shall be received by any state or municipal officer or agency of either 47 state for any purpose for which the deposit of bonds of such state is 48 now or may hereafter be authorized. 49 § 2008. Authorization to acquire real property. If the Port Authority 50 shall find it necessary or convenient to acquire any real property for 51 Narrows bridge purposes (including temporary construction, rehabili- 52 tation or improvement), whether for immediate or future use, the Port 53 Authority may find and determine that such property, whether a fee 54 simple absolute or a lesser interest, is required for a public use, and 55 upon such determination the said property shall be and shall be deemed 56 to be required for such public use until otherwise determined by theA. 9644 85 1 Port Authority, and such determination shall not be affected by the fact 2 that such property has theretofore been taken for and is then devoted to 3 a public use; but the public use in the hands of or under the control of 4 the Port Authority shall be deemed superior to the public use in the 5 hands of any other person, association or corporation. If the Port 6 Authority shall find it necessary or convenient hereunder to acquire any 7 real property which is then devoted to a public use, the Port Authority 8 shall have power to exchange or substitute any other real property for 9 such real property upon terms agreed to by the Port Authority and the 10 owner of such property then devoted to a public use, and to find and 11 determine that such other real property is also required for a public 12 use; upon such determination the said other property shall be and shall 13 be deemed to be required for such public use. 14 The Port Authority may acquire and is hereby authorized to acquire any 15 real property in the state of New York required for a public use under 16 the preceding paragraph, whether a fee simple absolute or a lesser 17 estate, by the exercise of the right of eminent domain under and pursu- 18 ant to the eminent domain procedure law of the state of New York, or at 19 the option of the Port Authority pursuant to any other and alternate 20 procedure provided by law by such state. Nothing herein contained shall 21 be construed to prevent the Port Authority from bringing any proceedings 22 in either state to remove a cloud on title or such other proceedings as 23 it may, in its discretion, deem proper and necessary, or from acquiring 24 any such property in either state by negotiation or purchase. 25 Where a person entitled to an award remains in possession of such 26 property after the time of the vesting of title in the Port Authority, 27 the reasonable value of his use and occupancy of such property subse- 28 quent to such time, as fixed by agreement or by the court in such 29 proceedings or by any court of competent jurisdiction, shall be a lien 30 against such award, subject only to liens of record at the time of the 31 vesting of title in the Port Authority. 32 § 2009. Prior consent required. Anything in this part to the contrary 33 notwithstanding, no property now or hereafter vested in or held by the 34 city of New York shall be taken by the Port Authority without the 35 authority or consent of the city as provided in said compact of April 36 thirty, nineteen hundred twenty-one. The Port Authority is also hereby 37 authorized and empowered to acquire from said city by agreement there- 38 with, and the city, notwithstanding any contrary provision of law, is 39 hereby authorized and empowered to grant and convey upon reasonable 40 terms and conditions any real property which the Port Authority shall 41 find to be necessary for Narrows bridge purposes, including such real 42 property as has already been devoted to a public use. The state of New 43 York hereby consents to the use and occupation of the real property of 44 such state which the Port Authority shall find to be necessary for 45 Narrows bridge purposes, including lands of the state lying under water, 46 and the department, board or division or other agency of the state exer- 47 cising supervision of such property shall execute such documents as it 48 may deem necessary to evidence the right to such use and occupation. 49 § 2010. Authorization of agents to enter property. The Port Authority 50 and its duly authorized agents, and all persons acting under its author- 51 ity and by its direction, may enter in the daytime into and upon any 52 real property which it shall be necessary so to enter, for the purpose 53 of making such surveys, diagrams, maps or plans, or for the purpose of 54 making such soundings or borings as the Port Authority may deem neces- 55 sary or convenient for the purposes of this part and the concurrent act 56 of the state of New Jersey.A. 9644 86 1 § 2011. Essential government function. The construction, maintenance 2 and operation of the Narrows bridge are and will be in all respects for 3 the benefit of the people of the states of New York and New Jersey, for 4 the increase of their commerce and prosperity and for the improvement of 5 their health and living conditions and shall be deemed to be public 6 purposes; and the Port Authority shall be regarded as performing an 7 essential governmental function in undertaking the construction, mainte- 8 nance and operation thereof and in carrying out the provisions of law 9 relating thereto. 10 § 2012. Tax exemption on acquired property. No taxes or assessments 11 shall be levied or collected upon any property acquired or used for 12 Narrows bridge purposes. 13 § 2013. Governmental nature. Any declarations contained herein and in 14 the concurrent act of the state of New Jersey with respect to the 15 governmental nature and public purpose of the Narrows bridge and to the 16 exemption of Narrows bridge property from taxation and to the discretion 17 of the Port Authority with respect to the operation thereof shall not be 18 construed to imply that other Port Authority property and operations are 19 not of a governmental nature or do not constitute public purposes, or 20 that they are subject to taxation, or that the determinations of the 21 Port Authority with respect thereto are not conclusive. The powers 22 vested in the Port Authority herein and in the concurrent act of the 23 state of New Jersey (including but not limited to the powers to acquire 24 real property by condemnation and to make or effectuate additions, 25 improvements, approaches and connections) shall, except as herein other- 26 wise expressly stated, be continuing powers and no exercise thereof 27 shall be deemed to exhaust them or any of them. 28 The provisions of chapter forty-seven of the laws of New York of nine- 29 teen hundred thirty-one as continued by part III of this article and 30 chapter four of the laws of New Jersey of nineteen hundred thirty-one 31 shall not apply to the Narrows bridge. 32 § 2014. Agreement. This section and the preceding sections of this 33 part constitute an agreement between the states of New York and New 34 Jersey supplementary to the compact between the two states dated April 35 thirty, nineteen hundred twenty-one, and amendatory thereof, and shall 36 be liberally construed to effectuate the purposes of said compact and of 37 the comprehensive plan heretofore adopted by the two states, and the 38 powers vested in the Port Authority hereby shall be construed to be in 39 aid of and supplemental to and not in limitation of or in derogation of 40 any of the powers heretofore conferred upon or delegated to the Port 41 Authority. 42 PART XXI 43 NEW JERSEY TURNPIKE CONNECTIONS 44 Section 2101. Definitions. 45 2102. Authorization for agreement with New Jersey agencies. 46 2103. Securities. 47 § 2101. Definitions. As used in this part: 48 1. "Port authority" shall mean the Port of New York Authority; 49 2. "Bonds" shall mean bonds, notes, securities or other obligations or 50 evidences of indebtedness; 51 3. "Newark bay-Hudson county extension" shall mean the turnpike 52 project of the New Jersey Turnpike Authority extending between the 53 vicinity of Port street and Newark airport in the city of Newark and the 54 vicinity of the Holland tunnel in Hudson county, authorized by subdivi-A. 9644 87 1 sion (c) of section one of chapter forty-one of the laws of New Jersey 2 of one thousand nine hundred forty-nine, as amended by chapter two 3 hundred eighty-six of the laws of New Jersey of one thousand nine 4 hundred fifty-one; 5 4. "Newark bay-Hudson county extension terminal connections" shall 6 mean the connections to the Newark bay-Hudson county extension at the 7 following locations: (a) at or in the vicinity of the westerly end of 8 the Newark bay-Hudson county extension to interconnect United States 9 Highway route 1, the turnpike toll plaza, Port street and Newark 10 airport, and (b) at or in the vicinity of the Holland tunnel plaza and 11 thence northerly in Hudson county to a point at grade at or in the 12 vicinity of Paterson avenue in the city of Hoboken. 13 § 2102. Authorization for agreement with New Jersey agencies. The 14 port authority is hereby authorized and empowered, in its discretion, to 15 enter into an agreement or agreements upon such terms and conditions as 16 it may deem in the public interest, with the New Jersey Turnpike Author- 17 ity, or the New Jersey state highway department, or both, whereby the 18 port authority may undertake to pay to such other party or parties to 19 such agreement or agreements such portion or portions of the cost of 20 constructing either or both of said Newark bay-Hudson county extension 21 terminal connections as the port authority shall determine to be propor- 22 tionate to the benefit to facilities owned or operated by the port 23 authority from such connections, whether or not such connections shall 24 constitute approaches or connections to such port authority facilities. 25 § 2103. Securities. The bonds which may be issued by the port authori- 26 ty to provide funds to make all or any portion of the payment or 27 payments required by an agreement or agreements authorized by section 28 twenty-one hundred two of this part and for purposes incidental thereto 29 are hereby made securities in which all state and municipal officers and 30 bodies of New Jersey and New York, all banks, bankers, trust companies, 31 savings banks, building and loan associations, saving and loan associ- 32 ations, investment companies and other persons carrying on a banking 33 business, all insurance companies, insurance associations and other 34 persons carrying on an insurance business, and all administrators, exec- 35 utors, guardians, trustees and other fiduciaries and all other persons 36 whatsoever are now or may hereafter be authorized by either the state of 37 New Jersey or the state of New York to invest in bonds or other obli- 38 gations of such state, may properly and legally invest any funds includ- 39 ing capital belonging to them or within their control; and said bonds 40 are hereby made securities which may properly and legally be deposited 41 with and shall be received by any state or municipal officer or agency 42 of either the state of New Jersey or the state of New York for any 43 purpose for which the deposit of bonds or other obligations of such 44 state is now or may hereafter be authorized. 45 PART XXII 46 COMMUTER RAILROAD CARS 47 Section 2201. Commuter railroad cars. 48 § 2201. Commuter railroad cars. 1. Upon the concurrence of the state 49 of New Jersey, the states of New York and New Jersey agree that each 50 such state may elect by appropriate legislation to provide for the 51 purchase and rental by the port of New York authority of railroad cars 52 for passenger transportation in accordance with this part. 53 2. For the purpose of this part: 54 (a) "Port authority" shall mean the port of New York authority.A. 9644 88 1 (b) "Commuter railroad of an electing state" shall mean a railroad 2 transporting passengers between municipalities in the portion of the 3 port of New York district within such state, the majority of the track- 4 age of which within the port of New York district utilized for the 5 transportation of passengers shall be in such state. 6 (c) "Railroad cars" shall mean railroad passenger cars, including 7 self-propelled cars, and locomotives and other rolling stock used in 8 passenger transportation. 9 3. (a) Upon the election by either state as provided in subdivision 10 one of this section, the port authority shall be authorized and 11 empowered to: 12 (i) purchase and own railroad cars for the purpose of leasing them to 13 any commuter railroad of such state; provided, however, that no rail- 14 road cars shall be so purchased except with advances received or money 15 borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor 16 shall the port authority incur expenses in connection with such purchase 17 and ownership except out of such advances or borrowed money or the 18 rentals received from such leasing; 19 (ii) receive and accept advances from such state for such purchase 20 upon such terms and conditions as such state may specify; 21 (iii) borrow money from any source for such purchase or for the repay- 22 ment of such advances or money borrowed, subject to the provisions of 23 paragraph (b) of this subdivision; 24 (iv) secure the repayment of principal of and interest upon any such 25 borrowed money by and only by a lien upon such railroad cars, a pledge 26 of the rentals therefrom and the liability of the electing state for the 27 repayment of such principal and interest; 28 (v) lease such railroad cars directly or indirectly to any commuter 29 railroad of such state upon such terms and conditions as the port 30 authority shall deem in the public interest, including postponement of 31 receipt of rentals by the port authority in the interest of increasing 32 and improving the service rendered to the commuting public; provided, 33 however, that no such lease shall become effective until it has been 34 approved in writing by the officer of the electing state designated by 35 appropriate legislation; and 36 (vi) sell or otherwise dispose of such cars upon such terms and condi- 37 tions and to such persons as the port authority shall deem in the public 38 interest, except as may be otherwise directed by such electing state. 39 (b) The port authority shall not borrow money pursuant to subparagraph 40 (iii) of paragraph (a) of this subdivision unless and until the electing 41 state shall have duly amended its constitution, if necessary, making or 42 authorizing making the state liable for the repayment of the money so 43 borrowed and interest thereon or for the fulfillment of the rental obli- 44 gations to the port authority, or both; and the port authority shall 45 not borrow any such money unless and until the electing state shall be 46 made liable for the repayment of any such money. 47 4. The purchase and ownership by the port authority of railroad cars 48 and the rental thereof to commuter railroads of the states of New York 49 or New Jersey are and will be in all respects for the benefit of the 50 people of the said two states for the increase of their commerce and 51 prosperity and for the improvement of their health, safety and living 52 conditions and shall be deemed to be public purposes; and the port 53 authority shall be regarded as performing an essential governmental 54 function in undertaking such purchase, ownership and rental and in 55 carrying out the provisions of law relating thereto.A. 9644 89 1 5. The bonds or other evidences of indebtedness which may be issued by 2 the port authority pursuant to this part are hereby made securities in 3 which all state and municipal officers and bodies, all banks, bankers, 4 trust companies, savings banks, savings and loan associations, invest- 5 ment companies and other persons carrying on a banking business, all 6 insurance companies, insurance associations and other persons carrying 7 on an insurance business, and all administrators, executors, guardians, 8 trustees and other fiduciaries and all other persons whatsoever who are 9 now or may hereafter be authorized to invest in bonds or other obli- 10 gations of the electing state, may properly and legally invest any 11 funds, including capital, belonging to them or within their control; 12 and said bonds or other evidences of indebtedness are hereby made secu- 13 rities which may properly and legally be deposited with and shall be 14 received by any state or municipal officer or agency for any purpose for 15 which the deposit of bonds or other evidences of indebtedness of the 16 electing state is now or may hereafter be authorized. Such bonds or 17 other evidences of indebtedness shall constitute negotiable instruments. 18 Notwithstanding the provisions of this or any other legislation the 19 rentals received by the port authority from the leasing of any railroad 20 cars under this part shall not be pooled or applied to the establishment 21 or maintenance of any reserve fund of the port authority pledged as 22 security for any bonds or other evidences of indebtedness other than 23 those issued pursuant to this part, and the bonds or other evidences of 24 indebtedness issued pursuant to this part shall not be included in meas- 25 uring the principal amount of bonds or other evidences of indebtedness 26 upon which the amount of any such reserve fund is calculated. 27 6. No taxes or assessments shall be levied or collected upon any rail- 28 road cars owned by the port authority pursuant to this part or upon any 29 leasehold interest therein. 30 7. (a) The state of New York hereby elects pursuant to subdivision one 31 of this section to provide for the purchase and rental by the port 32 authority of railroad cars on the commuter railroads of this state. The 33 commissioner of the department of transportation is hereby designated as 34 the officer of this state for the approval of leases pursuant to subpar- 35 agraph (v) of paragraph (a) of subdivision three of this section. 36 (b) In the event that this state shall make advances to the port 37 authority for the purchase and rental of railroad cars, the port author- 38 ity shall repay any such advances, pursuant to an appropriate written 39 agreement with the director of the budget entered into prior to the 40 requisitioning of such advances, out of money borrowed for such purpose 41 under subparagraph (iii) of paragraph (a) of subdivision three of this 42 section. Except as so repaid, such advances shall be repaid annually by 43 the port authority to the extent and only to the extent that the port 44 authority shall have received rentals, directly or indirectly, from all 45 the commuter railroads of this state to which railroad cars have been 46 leased under this part in excess of the components of such rentals which 47 represent the port authority's administrative, legal and financial 48 expenses in connection with the purchase, ownership and lease. 49 (c) In the event that railroad cars purchased by the port authority 50 are sold upon the default of any lessee thereof, the port authority 51 shall deduct from the proceeds of such sale its unpaid administrative, 52 legal and financial expenses in connection with such lease and sale and 53 an amount equal to the unpaid principal and interest and mandatory 54 redemption premiums, whenever payable, upon its outstanding bonds or 55 other evidences of indebtedness, the proceeds of the issuance of which 56 shall have been applied to the purchase of the railroad cars sold andA. 9644 90 1 shall pay the balance to this state, but the port authority shall have 2 full authority to agree with any other creditors of such lessee, either 3 in advance of or after default, as to the order of payment to the port 4 authority and such other creditors, either out of the assets of such 5 lessee available for such creditors, including the port authority, or 6 out of the proceeds of the joint sale of various properties of such 7 creditors theretofore used by such lessee, including such railroad cars 8 of the port authority. 9 (d) Except as provided in paragraph (c) of this subdivision, any rail- 10 road cars purchased by the port authority with the proceeds of the issu- 11 ance by the port authority of any series of bonds or other evidences of 12 indebtedness shall become the property of this state after the final 13 payment of all the bonds or other evidences of indebtedness of such 14 series, and thereafter shall be held by the port authority subject to 15 the disposition of this state, and any railroad cars purchased by the 16 port authority with any advances from this state shall become the prop- 17 erty of this state upon the repayment of all such advances solely out of 18 rentals in excess of the port authority's administrative, legal and 19 financial expenses in connection therewith; or if the proceeds of port 20 authority bonds or other evidences of indebtedness of any series shall 21 have been applied to repay all or any portion of such advances, then 22 such cars shall become the property of this state upon the final payment 23 of all such bonds or other evidences of such indebtedness of such 24 series. 25 (e)(i) To the extent authorized by the constitution at the time of the 26 issuance of bonds or notes of the port authority for any of the purposes 27 of this part, the punctual payment of such bonds and notes shall be, and 28 the same hereby is, fully and unconditionally guaranteed by the state of 29 New York, both as to principal and interest, according to their terms; 30 and such guaranty shall be expressed upon the face thereof by the signa- 31 ture or facsimile signature of the comptroller or a deputy comptroller 32 of the state of New York. If the port authority shall fail to pay, when 33 due, the principal of, or interest upon, such bonds or notes, such comp- 34 troller shall pay the holder thereof. In furtherance of such guaranty 35 of punctual payment, if the comptroller of this state shall receive 36 written notice from the trustee or other fiduciary or other duly author- 37 ized representative of the holder or holders of such bonds and notes 38 designated in any agreement between the port authority and such holder 39 or holders that the port authority has failed to make or deposit any 40 payment of interest or principal required by such agreement to or with 41 such trustee or fiduciary or otherwise at or before the time specified 42 in such agreement, then such comptroller shall within three days of the 43 receipt of such notice pay to such trustee or fiduciary or other duly 44 authorized representative the amount necessary to meet any deficiency in 45 the payment of such interest and principal, when due. 46 If the comptroller shall make a payment or payments pursuant to this 47 subparagraph, the state shall be subrogated to the rights of the bond- 48 holders or noteholders to whom, or on account of whom, such payment or 49 payments were made, in and to the revenues pledged to such holders; and 50 for such purpose, to the extent any such revenues in the hands of the 51 port authority may be inadequate to repay such payment or payments made 52 by the state, the state shall be further subrogated to the rights of the 53 port authority to recover any rentals due and unpaid to the port author- 54 ity as of the date of such payment or payments and pledged to such hold- 55 ers as aforesaid.A. 9644 91 1 (ii) Such bonds and notes shall be sold by the port authority in such 2 manner and at such time as the port authority, with the approval of the 3 comptroller, shall determine. The proceeds of each sale of bonds or 4 notes shall be applied to the purpose or purposes set forth in the 5 resolution of the port authority authorizing the issuance of such bonds 6 or notes. If, after having accomplished the purpose or purposes set 7 forth in such resolution there remains any unexpended balance (including 8 interest earned by the port authority on such proceeds), such unexpended 9 balance shall be applied by the port authority, to the extent practica- 10 ble, to the purchase for retirement or to the redemption of bonds or 11 notes included in such sale, or otherwise as the port authority may 12 determine for the purposes of this part. If any commuter car, the 13 acquisition of which is financed or refinanced by the issuance of bonds 14 or notes under this part, be lost, damaged or destroyed, the proceeds of 15 any insurance policies covering such loss, damage or destruction or any 16 payments made to the port authority by the lessee of such car on account 17 of such loss, damage or destruction shall be applied by the port author- 18 ity, to the extent practicable, to the purchase for retirement or to the 19 redemption of bonds or notes of such series, or otherwise as the port 20 authority may determine for the purposes of this part. 21 (iii) The port authority is designated as the agent of the state of 22 New York for the purpose of selling, leasing or otherwise disposing of 23 any railroad cars which shall become the property of the state pursuant 24 to paragraph (d) of this subdivision. As such agent the port authority 25 may agree, upon such terms and conditions as may be deemed appropriate 26 by it, with any lessee of railroad cars or with any other person, either 27 in advance of or after the time when such cars shall become the property 28 of the state, so to sell, lease or otherwise dispose of such cars. In 29 the event any such cars are so sold, leased or otherwise disposed of by 30 the port authority, the port authority shall pay over to the state, as 31 promptly after receipt as may be practicable, any balance of the 32 proceeds thereof, which remain after deduction of the port authority's 33 administrative, legal and financial expenses in connection with or aris- 34 ing out of such sale, lease or other disposition. 35 PART XXIII 36 WORLD TRADE CENTER 37 Section 2301. World trade center. 38 § 2301. World trade center. 1. The states of New York and New Jersey 39 hereby find and determine: 40 (a) that the transportation of persons to, from and within the port of 41 New York, and the flow of foreign and domestic cargoes to, from and 42 through the port of New York are vital and essential to the preservation 43 of the economic well-being of the northern New Jersey-New York metropol- 44 itan area; 45 (b) that in order to preserve the northern New Jersey-New York metro- 46 politan area from economic deterioration, adequate facilities for the 47 transportation of persons must be provided, preserved and maintained and 48 that rail services are and will remain of extreme importance to such 49 transportation of persons; 50 (c) that the interurban electric railway now or heretofore operated by 51 the Hudson & Manhattan railroad company is an essential railroad facili- 52 ty serving the northern New Jersey-New York metropolitan area, that its 53 physical plant is in a severely deteriorated condition, and that it is 54 in extreme financial condition;A. 9644 92 1 (d) that the immediate need for the maintenance and development of 2 adequate railroad facilities for the transportation of persons between 3 northern New Jersey and New York would be met by the acquisition, reha- 4 bilitation and operation of the said Hudson & Manhattan interurban elec- 5 tric railway by a public agency, and improvement and extensions of the 6 rail transit lines of said railway to permit transfer of its passengers 7 to and from other transportation facilities and in the provision of 8 transfer facilities at the points of such transfers; 9 (e) that in order to preserve and protect the position of the port of 10 New York as the nation's leading gateway for world commerce it is incum- 11 bent on the states of New York and New Jersey to make every effort to 12 insure that their port receives its rightful share of the oceanborne 13 cargo volumes generated by the economy of the nation; 14 (f) that the servicing functions and activities connected with the 15 oceanborne and overseas airborne trade and commerce of the port of New 16 York district as defined in the compact between the said two states 17 dated April thirty, nineteen hundred twenty-one (hereinafter called the 18 port district), including customs clearance, shipping negotiations, 19 cargo routing, freight forwarding, financing, insurance arrangements and 20 other similar transactions which are presently performed in various, 21 scattered locations in the city of New York, state of New York, should 22 be centralized to provide for more efficient and economical transporta- 23 tion of persons and more efficient and economical facilities for the 24 exchange and buying, selling and transportation of commodities and other 25 property in world trade and commerce; 26 (g) that unification, at a single, centrally located site, of the 27 principal New York terminal of the aforesaid interurban electric railway 28 and a facility of commerce accommodating the said functions and activ- 29 ities described in paragraph (f) of this subdivision and the appropriate 30 governmental, administrative and other services connected with or inci- 31 dental to transportation of persons and property and the promotion and 32 protection of port commerce, and providing a central locale for exhibit- 33 ing and otherwise promoting the exchange and buying and selling of 34 commodities and property in world trade and commerce, will materially 35 assist in preserving for the two states and the people thereof the mate- 36 rial and other benefits of a prosperous port community; 37 (h) that the port authority, which was created by agreement of the two 38 states as their joint agent for the development of the transportation 39 and terminal facilities and other facilities of commerce of the port 40 district and for the promotion and protection of the commerce of their 41 port, is the proper agency to act in their behalf (either directly or by 42 or through wholly-owned subsidiary corporations) to effectuate, as a 43 unified project, the said interurban electric railway and its extensions 44 and the facility of commerce described in paragraph (g) of this subdivi- 45 sion; and 46 (i) that the undertaking of the aforesaid unified project by the port 47 authority has the single object of preserving, and is part of a unified 48 plan to aid in the preservation of, the economic well-being of the 49 northern New Jersey-New York metropolitan area and is found and deter- 50 mined to be in the public interest. 51 2. The following terms as used in this act shall have the following 52 meanings: 53 (a) "Bonds" shall mean bonds, notes, securities or other obligations 54 or evidences of indebtedness; 55 (b) "Effectuation" of a project or any facility or part of a facility 56 constituting a portion of a project shall include but not be limited toA. 9644 93 1 its establishment, acquisition, construction, development, maintenance, 2 operation, improvement (by way of betterments, additions or otherwise) 3 and rehabilitation; 4 (c) "Exchange place terminal area" shall mean the area in the city of 5 Jersey City, state of New Jersey, bounded generally by Exchange place 6 and Montgomery street, by Warren street, by Pearl street, by Greene 7 street, and by Morgan street as extended to the bulkhead line and by 8 said bulkhead line, together with such additional contiguous area as may 9 be agreed upon from time to time between the port authority and the said 10 city; 11 (d) "General reserve fund statutes" shall mean chapter forty-eight of 12 the laws of New York of nineteen hundred thirty-one as amended and 13 continued by part XXIX of this article, and chapter five of the laws of 14 New Jersey of nineteen hundred thirty-one as amended, and "general 15 reserve fund" shall mean the general reserve fund of the port authority 16 authorized by said statutes; 17 (e) "Hudson tubes" shall mean that portion of the port development 18 project constituting a railroad facility consisting of the four inter- 19 state rail tunnels under the Hudson river now or heretofore owned or 20 operated by the Hudson & Manhattan railroad company, the rail transit 21 lines of the Hudson tubes, the balance of the interurban electric rail- 22 way system in and through said tunnels and over said lines and inci- 23 dental thereto (including but not limited to the portion of such lines 24 and system now or heretofore operated jointly by said railroad company 25 and the Pennsylvania railroad company), terminals, including but not 26 limited to terminals in the Hudson tubes-world trade center area, in the 27 Journal square terminal area and in the Exchange place terminal area, 28 and other related railroad property; 29 (f) "Hudson tubes extensions" shall mean those portions of the port 30 development project constituting passenger railroad facilities (1) 31 extending directly from the rail transit lines of the Hudson tubes, over 32 new rail transit lines or on or over the existing rail transit lines of 33 other railroads, to transfer facilities in the rail passenger transfer 34 area, for the transfer of passengers of the Hudson tubes to and from 35 other railroads, and (2) extending from Pennsylvania station in the city 36 of Newark, state of New Jersey, over new rail transit lines or on or 37 over the existing rail transit lines of other railroads, to the vicinity 38 of the city of Plainfield, state of New Jersey, including construction, 39 reconstruction and improvement of necessary stations in and between the 40 city of Newark and the vicinity of the city of Plainfield, together with 41 such additional rail or other mass transportation, terminal, station, 42 parking, storage and service facilities as operations may require, and 43 shall include a connection to provide improved access to Newark interna- 44 tional airport if and to the extent such connection shall not be other- 45 wise provided by the port authority as air terminal facilities for said 46 airport, and (3) consisting of the following improvements to passenger 47 railroad lines connecting with the Hudson tubes: (i) direct track 48 connections between the rail transit lines of the Morris & Essex divi- 49 sion of the Erie-Lackawanna railroad and the Penn Central transportation 50 company in the vicinity of the town of Kearny in the state of New 51 Jersey, (ii) replacement of the railroad bridge (known as the "portal 52 bridge") operated by the Penn Central transportation company across the 53 Hackensack river, (iii) direct track connections between the rail trans- 54 it lines of the Bergen branch and the mail line of the Erie-Lackawanna 55 railroad in the vicinity of the town of Secaucus in the state of New 56 Jersey and between the new joint line resulting from such connectionsA. 9644 94 1 and the rail transit lines of the Penn Central transportation company in 2 the vicinity of the town of Secaucus in the state of New Jersey, (iv) a 3 new railroad yard in the vicinity of the town of Secaucus in the state 4 of New Jersey for the accommodation of railroad passenger equipment, (v) 5 improvements to Pennsylvania station in the city of New York, state of 6 New York, and to its railroad approaches from the state of New Jersey, 7 as necessary or desirable to improve operations and to increase train 8 and passenger handling capacity, and (vi) such additional rail or other 9 mass transportation, terminal, station, parking, storage and service 10 facilities as operations may require with respect to any of the projects 11 identified in this subparagraph or any of the foregoing or any portion 12 thereof; and, in addition thereto, other related railroad property; 13 (g) "Hudson tubes-world trade center area" shall mean the area in the 14 borough of Manhattan, city and state of New York, bounded generally by 15 the east side of Church street on the east, the south side of Liberty 16 street and the south side of Liberty street extended on the south, the 17 Hudson river on the west, and on the north by a line beginning at the 18 point of intersection of the Hudson river and the north side of Vesey 19 street extended, running along the north side of Vesey street extended 20 and the north side of Vesey street to the west side of Washington 21 street, then along the west side of Washington street to the north side 22 of Barclay street, then along the north side of Barclay street to the 23 east side of West Broadway, then along the east side of West Broadway to 24 the north side of Vesey street, then along the north side of Vesey 25 street to the east side of Church street, together with such additional 26 contiguous area as may be agreed upon from time to time between the port 27 authority and the said city; 28 (h) "Journal square terminal area" shall mean the area in the city of 29 Jersey City, state of New Jersey, bounded generally by Journal square, 30 Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together 31 with such additional contiguous area as may be agreed upon from time to 32 time between the port authority and the said city; 33 (i) "Municipality" shall mean a county, city, borough, village, town, 34 township or other similar political subdivision of New York or New 35 Jersey; 36 (j) "Parking facilities" forming a part of the Hudson tubes or Hudson 37 tubes extensions shall mean one or more areas, buildings, structures, 38 improvements or other accommodations or appurtenances at or in the 39 vicinity of any terminal or station of the Hudson tubes or Hudson tubes 40 extensions and necessary, convenient or desirable in the opinion of the 41 port authority for the parking of motor vehicles of users of the Hudson 42 tubes or the Hudson tubes extensions and of members of the general 43 public and for the parking and storage of omnibuses and railroad cars 44 serving users of the Hudson tubes or the Hudson tubes extensions and for 45 the transfer of the operators and passengers of such motor vehicles, 46 omnibuses and railroad cars to and from the railroad cars of the Hudson 47 tubes or the Hudson tubes extensions, and for purposes incidental there- 48 to; 49 (k) "Purposes of this part" shall mean the effectuation of the port 50 development project and of each facility constituting a portion thereof 51 and of each part of each such facility, and purposes incidental thereto; 52 (l) "Rail passenger transfer area" shall mean the area in the state of 53 New Jersey bounded as follows: beginning on the west bank of the Hudson 54 river at the southerly side of the right-of-way of the Central railroad 55 of New Jersey easterly of the Communipaw station in the city of Jersey 56 City, thence northwestwardly along said southerly side of the right-of-A. 9644 95 1 way of the Central railroad of New Jersey through the cities of Jersey 2 City and Kearny to Broad street in the city of Newark; thence northward- 3 ly along Broad street to Clay street, thence eastwardly along Clay 4 street to the boundary between the counties of Hudson and Essex in the 5 Passaic river, thence northwardly along said boundary to its inter- 6 section with the boundary line between the counties of Bergen and 7 Hudson, thence eastwardly and northwardly along said boundary to New 8 Jersey state highway route three, thence eastwardly along said route 9 three, the Lincoln tunnel viaduct and a line in continuation of said 10 viaduct and tunnel to the west bank of the Hudson river, thence south- 11 wardly along said west bank to the point and place of beginning; 12 (m) "Rail transit lines" shall mean right-of-way and related trackage, 13 and the "rail transit lines of the Hudson tubes" shall mean the rail 14 transit lines beginning at the Market street station of the Pennsylvania 15 railroad company in the city of Newark, state of New Jersey and extend- 16 ing generally (i) eastwardly along the joint service and operating route 17 now or heretofore used by the Hudson & Manhattan railroad company and 18 the Pennsylvania railroad company to the point of connection thereof 19 with the tracks now or formerly of the Hudson & Manhattan railroad 20 company in or about the Journal square terminal area; thence (ii) 21 continuing eastwardly along the tracks and right-of-way now or hereto- 22 fore used by the Hudson & Manhattan railroad company through the city of 23 Jersey City, state of New Jersey and through the tunnels under the 24 waters of the Hudson river and through Cortlandt and Fulton streets in 25 the borough of Manhattan, city and state of New York to the Hudson 26 terminal in the Hudson tubes-world trade center area; with a branch from 27 the aforesaid route from a point located between the Grove street and 28 Exchange place stations in said city of Jersey City northwardly and 29 eastwardly to the Hoboken terminal station in the city of Hoboken, state 30 of New Jersey and with a second branch from said first branch eastwardly 31 and through the tunnels under the waters of the Hudson river to the said 32 borough of Manhattan passing through or adjacent to Morton street, 33 Greenwich street, Christopher street and the avenue of the Americas 34 (formerly Sixth avenue) to the West Thirty-third street terminal in said 35 borough of Manhattan; and rail transit lines of the Hudson tubes and of 36 the Hudson tubes extensions shall in each case include such rail transit 37 lines as the port authority may deem necessary, convenient or desirable 38 to and from parking facilities, storage yards, maintenance and repair 39 shops and yards forming part thereof; 40 (n) "Real property" shall mean lands, structures, franchises and 41 interests in land, waters, lands under water and riparian rights and any 42 and all things and rights included within said term, and includes not 43 only fees simple absolute but also any and all lesser interests, includ- 44 ing but not limited to easements, rights-of-way, uses, leases, licenses 45 and all other incorporeal hereditaments and every estate, interest or 46 right, legal or equitable, including terms for years, and liens thereon 47 by way of judgments, mortgages or otherwise; 48 (o) "Related railroad property" shall mean any property, real, 49 personal or mixed, necessary, convenient or desirable, in the opinion of 50 the port authority, to the effectuation of a railroad facility which is 51 a portion of the port development project and shall include but not be 52 limited to rail transit lines; terminals and stations; power, fuel, 53 communication, signal and ventilation systems; cars and other rolling 54 stock; storage yards; repair and maintenance shops, yards, equipment and 55 parts; parking facilities; transfer facilities for transfer of passen- 56 gers between such railroad facility and other railroads or omnibuses;A. 9644 96 1 offices; and other buildings, structures, improvements, areas, equipment 2 or supplies; and, in the case of buildings, structures, improvements or 3 areas in which any one or more of such railroad functions are accommo- 4 dated shall include all of such buildings, structures, improvements or 5 areas notwithstanding that portions thereof may not be devoted to any of 6 the purposes of the port development project other than the production 7 of incidental revenue available for the expenses of all or part of the 8 port development project, except that in the Hudson tubes-world trade 9 center area the portions of such buildings, structures, improvements or 10 areas constructed or established pursuant to this part which are not 11 devoted primarily to railroad functions, activities or services or to 12 functions, activities or services for railroad passengers shall be 13 deemed a part of the world trade center and not related railroad proper- 14 ty; 15 (p) "Surplus revenues" from any facility shall mean the balance of the 16 revenues from such facility (including but not limited to the revenues 17 of any subsidiary corporation incorporated for any of the purposes of 18 this act) remaining at any time currently in the hands of the port 19 authority after the deduction of the current expenses of the operation 20 and maintenance thereof, including a proportion of the general expenses 21 of the port authority as it shall deem properly chargeable thereto, 22 which general expenses shall include but not be limited to the expense 23 of protecting and promoting the commerce of the port district, and after 24 the deduction of any amounts which the port authority may or shall be 25 obligated or may or shall have obligated itself to pay to or set aside 26 out of the current revenues therefrom for the benefit of the holders of 27 any bonds legal for investment as defined in the general reserve fund 28 statutes; 29 (q) "Surplus revenues of the port development project" shall mean the 30 surplus revenues of the Hudson tubes, the Hudson tubes extensions and 31 the world trade center; and 32 (r) "World trade center" shall mean that portion of the port develop- 33 ment project constituting a facility of commerce consisting of one or 34 more buildings, structures, improvements and areas necessary, convenient 35 or desirable in the opinion of the port authority for the centralized 36 accommodation of functions, activities and services for or incidental to 37 the transportation of persons, the exchange, buying, selling and trans- 38 portation of commodities and other property in world trade and commerce, 39 the promotion and protection of such trade and commerce, governmental 40 services related to the foregoing and other governmental services, 41 including but not limited to custom houses, customs stores, inspection 42 and appraisal facilities, foreign trade zones, terminal and transporta- 43 tion facilities, parking areas, commodity and security exchanges, 44 offices, storage, warehouse, marketing and exhibition facilities and 45 other facilities and accommodations for persons and property and, in the 46 case of buildings, structures, improvements and areas in which such 47 accommodation is afforded, shall include all of such buildings, struc- 48 tures, improvements and areas other than portions devoted primarily to 49 railroad functions, activities or services or to functions, activities 50 or services for railroad passengers, notwithstanding that other portions 51 of such buildings, structures, improvements and areas may not be devoted 52 to purposes of the port development project other than the production of 53 incidental revenue available for the expenses of all or part of the port 54 development project. 55 3. In furtherance of the aforesaid findings and determinations and in 56 partial effectuation of and supplemental to the comprehensive plan here-A. 9644 97 1 tofore adopted by the two said states for the development of the said 2 port district, the port authority is hereby authorized and empowered to 3 establish, acquire, construct, effectuate, develop, own, lease, main- 4 tain, operate, improve and rehabilitate a project herein referred to as 5 the port development project, which shall consist of a facility of 6 commerce herein referred to as the world trade center, to be located 7 within the Hudson tubes-world trade center area, and railroad facilities 8 herein referred to as the Hudson tubes and the Hudson tubes extensions. 9 The port authority shall proceed as rapidly as may be practicable to 10 accomplish the purposes of this part. 11 The port authority is hereby authorized and empowered to establish, 12 levy and collect such rentals, tolls, fares, fees and other charges as 13 it may deem necessary, proper or desirable in connection with any facil- 14 ity or part of any facility constituting a portion of the port develop- 15 ment project and to issue bonds for any of the purposes of this part and 16 to provide for payment thereof, with interest upon and the amortization 17 and retirement of such bonds, and to secure all or any portion of such 18 bonds by a pledge of such rentals, tolls, fares, fees, charges and other 19 revenues or any part thereof (including but not limited to the revenues 20 of any subsidiary corporation incorporated for any of the purposes of 21 this part), and to secure all or any portion of such bonds by mortgages 22 upon any property held or to be held by the port authority (or by any 23 such subsidiary corporation) for any of the purposes of this part, and 24 for any of the purposes of this part to exercise all appropriate powers 25 heretofore or hereafter delegated to it by the states of New York and 26 New Jersey, including, but not limited to, those expressly set forth in 27 this part. The surplus revenues of the port development project may be 28 pledged in whole or in part as hereinafter provided. 29 Unless and until hereafter expressly authorized by the two states the 30 port authority shall not: (a) operate or permit operation by others of 31 its Hudson tubes railroad cars or other rolling stock or equipment or 32 Hudson tubes extensions railroad cars or other rolling stock or equip- 33 ment except upon the rail transit lines of the Hudson tubes or of the 34 Hudson tubes extensions and also between the Market street station and 35 the South street station of the Pennsylvania railroad company in the 36 city of Newark, state of New Jersey; or (b) except by way of Hudson 37 tubes extensions as herein defined, make additions, betterments or other 38 improvements to or of said Hudson tubes or Hudson tubes extensions by 39 way of extensions of their rail transit lines. Nothing herein contained 40 shall be deemed to prevent the making by the port authority of such 41 joint service or other agreements with railroads as it shall deem neces- 42 sary, convenient or desirable for the use of the Hudson tubes and Hudson 43 tubes extensions by the railroad cars or other rolling stock or equip- 44 ment of such railroads and the acquisition of the rights of any or all 45 parties in any joint service or other agreements the Hudson & Manhattan 46 railroad company or its successors shall have made with other railroads 47 for such use of the Hudson tubes. The port authority shall not proceed 48 with the effectuation of any railroad or railroad facility in addition 49 to the Hudson tubes and the Hudson tubes extensions until hereafter 50 expressly authorized by the two states. Nothing contained in this part 51 shall authorize or empower the port authority to establish, construct or 52 otherwise effectuate an air terminal. 53 4. The moneys in the general reserve fund may be pledged in whole or 54 in part by the port authority as security for or applied by it to the 55 repayment with interest of any moneys which it may raise upon bonds 56 issued or incurred by it from time to time for any of the purposes ofA. 9644 98 1 this part or upon bonds secured in whole or in part by the pledge of the 2 revenues from the port development project or any portion thereof or 3 upon bonds both so issued or incurred and so secured; and the moneys in 4 said general reserve fund may be applied by the port authority to the 5 fulfillment of any other undertakings which it may assume to or for the 6 benefit of the holders of any such bonds. 7 Subject to prior liens and pledges (and to the obligation of the port 8 authority to apply revenues to the maintenance of its general reserve 9 fund in the amount prescribed by the general reserve fund statutes), the 10 revenues from facilities established, constructed, acquired or otherwise 11 effectuated through the issuance or sale of bonds of the port authority 12 secured in whole or in part by a pledge of its general reserve fund or 13 any portion thereof may be pledged in whole or in part as security for 14 or applied by it to any of the purposes of this part, including the 15 repayment with interest of any moneys which it may raise upon bonds 16 issued or incurred from time to time for any of the purposes of this 17 part or upon bonds secured in whole or in part by the pledge of the 18 revenues of the port authority from the port development project or any 19 portion thereof or upon bonds both so issued or incurred and so secured; 20 and said revenues may be applied by the port authority to the fulfill- 21 ment of any other undertakings which it may assume to or for the benefit 22 of the holders of such bonds. 23 5. In all cases where the port authority has raised or shall hereafter 24 raise moneys for any of the purposes of this part by the issue and sale 25 of bonds which are secured in whole or in part by a pledge of the gener- 26 al reserve fund or any portion thereof, the surplus revenues from any 27 facility constituting a portion of the port development project and 28 financed in whole or in part out of the proceeds of such bonds and the 29 surplus revenue from any other port authority facility the surplus 30 revenues of which at such time may be payable into the general reserve 31 fund shall be pooled and applied by the port authority to the establish- 32 ment and maintenance of the general reserve fund in an amount equal to 33 one-tenth of the par value of all bonds legal for investment, as defined 34 in the general reserve fund statutes, issued by the port authority and 35 currently outstanding, including such bonds issued for any of the 36 purposes of this part; and all such moneys in said general reserve fund 37 may be pledged and applied in the manner provided in the general reserve 38 fund statutes. 39 In the event that any time the balance of moneys theretofore paid into 40 the general reserve fund and not applied therefrom shall exceed an 41 amount equal to one-tenth of the par value of all bonds upon the princi- 42 pal amount of which the amount of the general reserve fund is calcu- 43 lated, by reason of the retirement of bonds issued or incurred from time 44 to time for any of the purposes of this part the par value of which had 45 theretofore been included in the computation of said amount of the 46 general reserve fund, then the port authority may pledge or apply such 47 excess for and only for the purposes for which it is authorized by the 48 general reserve fund statutes to pledge the moneys in the general 49 reserve fund and such pledge may be made in advance of the time when 50 such excess may occur. 51 6. The two states covenant and agree with each other and with the 52 holders of any affected bonds, as hereinafter defined, that so long as 53 any of such bonds remain outstanding and unpaid and the holders thereof 54 shall not have given their consent as provided in their contract with 55 the port authority, the two states will not diminish or impair the power 56 of the port authority (or any subsidiary corporation incorporated forA. 9644 99 1 any of the purposes of this part) to establish, levy and collect 2 rentals, tolls, fares, fees or other charges in connection with any 3 facility constituting a portion of the port development project or any 4 other facility owned or operated by the port authority of which the 5 revenues have been or shall be pledged in whole or in part as security 6 for such bonds (directly or indirectly, or through the medium of the 7 general reserve fund or otherwise), or to determine the quantity, quali- 8 ty, frequency or nature of the service provided in connection with each 9 such facility. 10 "Affected bonds" as used in this subdivision shall mean bonds of the 11 port authority issued or incurred by it from time to time for any of the 12 purposes of this part or bonds as security for which there may or shall 13 be pledged, in whole or in part, the general reserve fund or any reserve 14 fund established by or pursuant to contract between the port authority 15 and the holders of such bonds, or the revenues of the world trade 16 center, Hudson tubes, Hudson tubes extensions or any other facility 17 owned or operated by the port authority any surplus revenues of which 18 would be payable into the general reserve fund, or bonds both so issued 19 or incurred and so secured. 20 7. The port authority is authorized and empowered to co-operate with 21 the states of New York and New Jersey, with any municipality, with the 22 federal government and with any agency or commission of any one or more 23 of the foregoing, or with any one or more of them, for and in connection 24 with the acquisition, clearance, replanning, rehabilitation, recon- 25 struction or redevelopment of the Hudson tubes-world trade center area 26 or of any other area forming part of the port development project for 27 the purpose of renewal and improvement of said area and for any of the 28 purposes of this part, and to enter into an agreement or agreements (and 29 from time to time to enter into agreements amending or supplementing the 30 same) with any such municipality, commission or agency and with the 31 states of New York and New Jersey and with the federal government, or 32 with any one or more of them, for or relating to such purposes, includ- 33 ing but not limited to agreements with respect to financial assistance, 34 loans and grants as provided in title one of the housing act of nineteen 35 hundred forty-nine and all federal laws amendatory and supplemental 36 thereto and with respect to occupancy of space in the port development 37 project. The port authority is hereby authorized and empowered to apply 38 for and accept financial assistance, loans and grants for such purposes 39 under federal, state or local laws, and to make application directly to 40 the proper officials or agencies for and receive federal, state or local 41 loans or grants in aid of any of the purposes of this part. 42 8. Notwithstanding any contrary provision of law, general, special or 43 local, either state and any municipality and any commission or agency of 44 either or both of said two states is authorized and empowered to co-op- 45 erate with the port authority and to enter into an agreement or agree- 46 ments (and from time to time to enter into agreements amending or 47 supplementing the same) with the port authority for and in connection 48 with or relating to the acquisition, clearance, replanning, rehabili- 49 tation, reconstruction, or redevelopment of the Hudson tubes-world trade 50 center area or of any other area forming part of the port development 51 project for the purpose of renewal and improvement of said area as afor- 52 esaid and for any of the purposes of this part, upon such reasonable 53 terms and conditions as may be determined by such state, municipality, 54 agency or commission and the port authority. Such agreement may, without 55 limiting the generality of the foregoing, include consent to the use by 56 the port authority of any real property owned or to be acquired by saidA. 9644 100 1 state, municipality, agency or commission and consent to the use by such 2 state, municipality, agency or commission of any real property owned or 3 to be acquired by the port authority which in either case is necessary, 4 convenient or desirable in the opinion of the port authority for any of 5 the purposes of this part, including such real property, improved or 6 unimproved, as has already been devoted to or has been or is to be 7 acquired for urban renewal or other public use, and as an incident to 8 such consents such state, municipality, agency or commission may grant, 9 convey, lease or otherwise transfer any such real property to the port 10 authority and the port authority may grant, convey, lease or otherwise 11 transfer any such real property to such state, municipality, agency or 12 commission for such term and upon such conditions as may be agreed upon. 13 If real property of such state, municipality, agency or commission be 14 leased to the port authority for any of the purposes of this part, such 15 state, municipality, agency or commission may consent to the port 16 authority having the right to mortgage the fee of such property and thus 17 enable the port authority to give as security for its bond or bonds a 18 lien upon the land and improvements, but such state, municipality, agen- 19 cy or commission by consenting to the execution by the port authority of 20 a mortgage upon the leased property shall not thereby assume and such 21 consent shall not be construed as imposing upon such state, munici- 22 pality, agency or commission any liability upon the bond or bonds 23 secured by the mortgage. 24 Nothing contained in this subdivision shall impair or diminish the 25 powers vested in either state or in any municipality, agency or commis- 26 sion to acquire, clear, replan, reconstruct, rehabilitate or redevelop 27 substandard or insanitary or deteriorating areas and the powers herein 28 granted to the state, municipality, agency or commission shall be 29 construed to be in aid of and not in limitation or in derogation of any 30 such powers, heretofore or hereafter conferred upon or granted to the 31 state, municipality, agency or commission. 32 Nothing contained in this part shall be construed to authorize the 33 port authority to acquire property now or hereafter vested in or held by 34 any municipality without the authority or consent of such municipality, 35 provided that the state in which said municipality is located may by 36 statute enact that such property may be taken by the port authority by 37 condemnation or the exercise of the right of eminent domain without such 38 authority or consent; nor shall anything herein impair or invalidate in 39 any way any bonded indebtedness of the state or such municipality, nor 40 impair the provisions of law regulating the payment into sinking funds 41 of revenues derived from municipal property, or dedicating the revenues 42 derived from municipal property to a specific purpose. 43 The port authority is hereby authorized and empowered to acquire from 44 any such municipality, or from any other agency or commission having 45 jurisdiction in the premises, by agreement therewith, and such munici- 46 pality, agency or commission, notwithstanding any contrary provision of 47 law, is hereby authorized and empowered to grant and convey, upon 48 reasonable terms and conditions, any real property which may be neces- 49 sary, convenient or desirable for any of the purposes of this part, 50 including such real property as has already been devoted to a public 51 use. 52 Any consent by a municipality shall be given and the terms, conditions 53 and execution by a municipality of any agreement, deed, lease, convey- 54 ance or other instrument pursuant to this subdivision or any other 55 provision of this part shall be authorized in the manner provided in 56 article twenty-two of the compact of April thirty, nineteen hundredA. 9644 101 1 twenty-one between the two states creating the port authority. Any 2 consent by either state shall be effective if given, and the terms and 3 conditions and execution of any agreement, deed, lease, conveyance or 4 other instruments pursuant to this subdivision or an other provision of 5 this part shall be effective if authorized, by the governor of such 6 state. 7 9. The states of New York and New Jersey hereby consent to suits, 8 actions or proceedings by any municipality against the port authority 9 upon, in connection with or arising out of any agreement, or any amend- 10 ment thereof, entered into for any of the purposes of this part, as 11 follows: 12 (a) for judgments, orders or decrees restraining or enjoining the port 13 authority from transferring title to real property to other persons in 14 cases where it has agreed with said municipality for transfer of such 15 title to the municipality; and 16 (b) for judgments, orders or decrees restraining or enjoining the port 17 authority from committing or continuing to commit other breaches of such 18 agreement or any amendment thereof; provided, that such judgment, order 19 or decree shall not be entered except upon two days' prior written 20 notice to the port authority of the proposed entry thereof; and 21 provided further that upon appeal taken by the port authority from such 22 judgment, order or decree the service of the notice of appeal shall 23 perfect the appeal and stay the execution of such judgment, order or 24 decree appealed from without an undertaking or other security. 25 Nothing herein contained shall be deemed to revoke, rescind or affect 26 any consent to suits, actions, or proceedings against the port authority 27 heretofore given by the two said states in chapter three hundred one of 28 the laws of New York of nineteen hundred fifty and continued by part 29 XXIV of this article, and chapter two hundred four of the laws of New 30 Jersey of nineteen hundred fifty-one. 31 10. The effectuation of the world trade center, the Hudson tubes and 32 the Hudson tubes extensions, or any of such facilities constituting a 33 portion of the port development project, are and will be in all respects 34 for the benefit of the people of the states of New York and New Jersey, 35 for the increase of their commerce and prosperity and for the improve- 36 ment of their health and living conditions; and the port authority and 37 any subsidiary corporation incorporated for any of the purposes of this 38 part shall be regarded as performing an essential governmental function 39 in undertaking the effectuation thereof, and in carrying out the 40 provisions of law relating thereto. 41 11. The port authority shall be required to pay no taxes or assess- 42 ments upon any of the property acquired or used by it for any of the 43 purposes of this part or upon any deed, mortgage or other instrument 44 affecting such property or upon the recording of any such instrument. 45 However, to the end that no municipality shall suffer undue loss of 46 taxes and assessments by reason of the acquisition and ownership of 47 property by the port authority for any of the purposes of this part, the 48 port authority is hereby authorized and empowered, in its discretion, to 49 enter into a voluntary agreement or agreements with any municipality 50 whereby the port authority will undertake to pay in lieu of taxes a fair 51 and reasonable sum or sums annually in connection with any real property 52 acquired and owned by the port authority for any of the purposes of this 53 part. Such sums in connection with any real property acquired and owned 54 by the port authority for any of the purposes of this part shall not be 55 more than the sum last paid as taxes upon such real property prior to 56 the time of its acquisition by the port authority; provided, however,A. 9644 102 1 that in connection with any portion of the Hudson tubes-world trade 2 center area acquired and owned by the port authority for any of the 3 purposes of this part, after such property is improved pursuant to this 4 part with world trade center buildings, structures or improvements 5 greater in value than the buildings, structures or improvements on such 6 Hudson tubes-world trade center area at the time of its acquisition by 7 the port authority, then, with regard to such greater value, such sum or 8 sums may be increased by such additional sum or sums annually as may be 9 agreed upon between the port authority and the city of New York which 10 will not include any consideration of the exhibit areas of the world 11 trade center or of any areas which would be tax exempt in their own 12 right if title were in the governmental occupants or of other areas 13 accommodating services for the public or devoted to general public use. 14 Each such municipality is hereby authorized and empowered to enter into 15 such agreement or agreements with the port authority and to accept the 16 payment or payments which the port authority is hereby authorized and 17 empowered to make, and the sums so received by such municipality shall 18 be devoted to purposes to which taxes may be applied unless and until 19 otherwise directed by law of the state in which such municipality is 20 located. 21 12. All details of the effectuation, including but not limited to 22 details of financing, leasing, rentals, tolls, fares, fees and other 23 charges, rates, contracts and service, of the world trade center, the 24 Hudson tubes and the Hudson tubes extensions by the port authority shall 25 be within its sole discretion and its decision in connection with any 26 and all matters concerning the world trade center, the Hudson tubes and 27 the Hudson tubes extensions shall be controlling and conclusive. The 28 local laws, resolutions, ordinances, rules and regulations of the city 29 of New York shall apply to such world trade center if so provided in any 30 agreement between the port authority and the city and to the extent 31 provided in any such agreement. 32 So long as any facility constituting a portion of the port development 33 project shall be owned, controlled or operated by the port authority 34 (either directly or through a subsidiary corporation incorporated for 35 any of the purposes of this part), no agency, commission or municipality 36 of either or both of the two states shall have jurisdiction over such 37 facility nor shall any such agency, commission or municipality have any 38 jurisdiction over the terms or method of effectuation of all or any 39 portion thereof by the port authority (or such subsidiary corporation) 40 including but not limited to the transfer of all or any portion thereof 41 to or by the port authority (or such subsidiary corporation). 42 Nothing in this part shall be deemed to prevent the port authority 43 from establishing, acquiring, owning, leasing, constructing, effectuat- 44 ing, developing, maintaining, operating, rehabilitating or improving all 45 or any portion of the port development project through wholly owned 46 subsidiary corporations of the port authority or from transferring to or 47 from any such corporations any moneys, real property or other property 48 for any of the purposes of this part. If the port authority shall deter- 49 mine from time to time to form such a subsidiary corporation it shall do 50 so by executing and filing with the secretary of state of New York and 51 the secretary of state of New Jersey a certificate of incorporation, 52 which may be amended from time to time by similar filing, which shall 53 set forth the name of such subsidiary corporation, its duration, the 54 location of its principal office, and the purposes of the incorporation 55 which shall be one or more of the purposes of establishing, acquiring, 56 owning, leasing, constructing, effectuating, developing, maintaining,A. 9644 103 1 operating, rehabilitating or improving all or any portion of the port 2 development project. The directors of such subsidiary corporation shall 3 be the same persons holding the offices of commissioners of the port 4 authority. Such subsidiary corporation shall have all the powers vested 5 in the port authority itself for the purposes of this part except that 6 it shall not have the power to contract indebtedness. Such subsidiary 7 corporation and any of its property, functions and activities shall have 8 all of the privileges, immunities, tax exemptions and other exemptions 9 of the port authority and of the port authority's property, functions 10 and activities. Such subsidiary corporation shall be subject to the 11 restrictions and limitations to which the port authority may be subject, 12 including, but not limited to the requirement that no action taken at 13 any meeting of the board of directors of such subsidiary corporation 14 shall have force or effect until the governors of the two states shall 15 have an opportunity, in the same manner and within the same time as now 16 or hereafter provided by law for approval or veto of actions taken at 17 any meeting of the port authority itself, to approve or veto such 18 action. Such subsidiary corporation shall be subject to suit in accord- 19 ance with subdivision nine of this section and chapter three hundred one 20 of the laws of New York of nineteen hundred fifty as continued by part 21 XXIV of this article, and chapter two hundred four of the laws of New 22 Jersey of nineteen hundred fifty-one as if such subsidiary corporation 23 were the port authority itself. Such subsidiary corporation shall not 24 be a participating employer under the New York retirement and social 25 security law or any similar law of either state and the employees of any 26 such subsidiary corporation, except those who are also employees of the 27 port authority, shall not be deemed employees of the port authority. 28 Whenever any state, municipality, commission, agency, officer, depart- 29 ment, board or division is authorized and empowered for any of the 30 purposes of this part to co-operate and enter into agreements with the 31 port authority or to grant any consent to the port authority or to 32 grant, convey, lease or otherwise transfer any property to the port 33 authority or to execute any document, such state, municipality, commis- 34 sion, agency, officer, department, board or division shall have the same 35 authorization and power for any of such purposes to co-operate and enter 36 into agreements with such subsidiary corporation and to grant consents 37 to such subsidiary corporation and to grant, convey, lease or otherwise 38 transfer property to such subsidiary corporation and to execute docu- 39 ments for such subsidiary corporation. 40 13. The bonds issued by the port authority to provide funds for any of 41 the purposes of this part are hereby made securities in which all state 42 and municipal officers and bodies of both states, all trust companies 43 and banks other than savings banks, all building and loan associations, 44 savings and loan associations, investment companies and other persons 45 carrying on a commercial banking business, all insurance companies, 46 insurance associations and other persons carrying on an insurance busi- 47 ness, and all administrators, executors, guardians, trustees and other 48 fiduciaries, and all other persons whatsoever (other than savings 49 banks), who are now or may hereafter be authorized by either state to 50 invest in bonds of such state, may properly and legally invest any 51 funds, including capital, belonging to them or within their control, and 52 said bonds are hereby made securities which may properly and legally be 53 deposited with and shall be received by any state or municipal officer 54 or agency of either state for any purpose for which the deposit of bonds 55 of such state is now or may hereafter be authorized. The bonds issued by 56 the port authority to provide funds for any of the purposes of this partA. 9644 104 1 as security for which the general reserve fund shall have been pledged 2 in whole or in part are hereby made securities in which all savings 3 banks also may properly and legally invest any funds, including capital, 4 belonging to them or within their control. 5 14. If the port authority shall find it necessary, convenient or 6 desirable to acquire (either directly or through a subsidiary corpo- 7 ration) from time to time any real property or any property other than 8 real property (including but not limited to contract rights and other 9 intangible personal property and railroad cars or other rolling stock, 10 maintenance and repair equipment and parts, fuel and other tangible 11 personal property), for any of the purposes of this part, whether for 12 immediate or future use (including temporary construction, rehabili- 13 tation or improvement), the port authority may find and determine that 14 such property, whether a fee simple absolute or a lesser interest, is 15 required for a public use, and upon such determination the said property 16 shall be and shall be deemed to be required for such public use until 17 otherwise determined by the port authority, and such determination shall 18 not be affected by the fact that such property has theretofore been 19 taken for and is then devoted to a public use; but the public use in the 20 hands of or under the control of the port authority shall be deemed 21 superior to the public use in the hands of any other person, association 22 or corporation. 23 The port authority may acquire and is hereby authorized so to acquire 24 from time to time, for any of the purposes of this part, such property, 25 whether a fee simple absolute or a lesser estate, (including the exer- 26 cise of the right of eminent domain) under and pursuant to the 27 provisions of the eminent domain procedure law of the state of New York 28 in the case of property located in or having its situs in such state, 29 and revised statutes of New Jersey, title twenty: one-one et seq., in 30 the case of property located in or having its situs in such state, or, 31 at the option of the port authority, as provided in section fifteen of 32 chapter forty-three of the laws of New Jersey of nineteen hundred 33 forty-seven, as amended, in the case of property located in or having 34 its situs in such state, or pursuant to such other and alternate proce- 35 dure as may be provided by law of the state in which such property is 36 located or has its situs; and all of said statutes for the acquisition 37 of real property shall, for any of the purposes of this part, be applied 38 also to the acquisition of other property authorized by this subdivi- 39 sion, except that such provisions as pertain to surveys, diagrams, maps, 40 plans or profiles, assessed valuation, lis pendens, service of notice 41 and papers, filing in the office of the clerk in which the real property 42 affected is situated and such other provisions as by their nature cannot 43 be applicable to property other than real property, shall not be appli- 44 cable to the acquisition of such other property. In the event that any 45 property other than real property is acquired by acquisition then, with 46 respect to such other property, notice of such proceeding and all subse- 47 quent notices or court processes shall be served upon the owners of such 48 other property and upon the port authority by personal service or by 49 registered or certified mail, except as may be otherwise directed by the 50 court. 51 Anything herein to the contrary notwithstanding, any property to be 52 acquired for any of the purposes of this part, which property shall not 53 have been used by its owner or owners or any of his or their predeces- 54 sors in connection with and shall not have been acquired by its owner or 55 owners or any of his or their predecessors for use in connection with 56 the effectuation by a railroad company or companies of the Hudson tubesA. 9644 105 1 or the Hudson tubes extensions prior to port authority acquisition, 2 shall, if such property is personal property, be acquired only by agree- 3 ment with the owner or owners and shall, if such property is not 4 personal property, be acquired in an action or proceeding in the state 5 in which such property is located or has its situs. Except as so 6 provided, the port authority is hereby authorized and empowered, in its 7 discretion, from time to time to combine any property which is to be 8 acquired as aforesaid for any of the purposes of this part for acquisi- 9 tion in a single action or proceeding notwithstanding that part of the 10 the property so to be acquired is located or has its situs in New Jersey 11 and part in New York or is personal property or mixed real and personal 12 property or may be owned by more than one owner; and, except as herein- 13 after provided, each such single action or proceeding to acquire proper- 14 ty located or having it situs part in New Jersey and part in New York 15 shall be pursuant to the laws of whichever of the two said states the 16 port authority shall estimate contains the greater part in value of all 17 the property to be acquired in such action or proceeding (hereinafter 18 sometimes called the forum state) and in the court or courts specified 19 in the laws of the forum state for the acquisition by the port authority 20 of property located or having its situs in the forum state pursuant to 21 this part, in which event, notwithstanding the location or situs of said 22 property, each of said two states hereby confers upon it said court or 23 courts jurisdiction of such action or proceeding and the port authority 24 and any subsidiary corporation so acquiring such property and the owners 25 of such property shall be bound by the judgments, orders or decrees 26 therein. In any such action or proceeding the court or courts of the 27 forum state shall apply the laws of valuation of the other state (here- 28 inafter sometimes called the nonforum state) to the valuation of the 29 property which is located or has it situs in the nonforum state and 30 shall include in the total compensation to be made to any owner of prop- 31 erty in both states being acquired in such action or proceeding the 32 increment, if any, in the value of such property in both states, by 33 reason of its being in a single ownership. If a judgment, order or 34 decree in such an action or proceeding shall best title in or otherwise 35 award to the authority the right to possession of property located or 36 having its situs in the nonforum state, then the court or courts of the 37 nonforum state shall grant full faith and credit to such judgment, order 38 or decree and upon petition by the authority to the court or courts of 39 the non forum state specified in the laws thereof for the acquisition by 40 the port authority of property located or having its situs in the nonfo- 41 rum state pursuant to this act, presenting a true copy of such judgment, 42 order or decree and proof that it is in effect, that any conditions 43 thereof have been met, that at least five days' notice of such petition 44 has been served by registered or certified mail upon all owners of the 45 property affected who appeared in the original action or proceeding in 46 the forum state or who may be owners of record, and without further 47 proof, a judgment, order or decree of such court or courts of the nonfo- 48 rum state shall be entered granting the authority possession of the 49 property located or having its situs in the nonforum state and confirm- 50 ing any title which shall have vested in the authority or its subsidiary 51 by the judgment, order or decree of the court or courts of the forum 52 state. 53 The owner of any property acquired for any of the purposes of this 54 part shall not be awarded for such property any increment above the just 55 compensation required by the constitutions of the United States and ofA. 9644 106 1 the state or states in which the property is located or has its situs by 2 reason of any circumstances whatsoever. 3 Nothing herein contained shall be construed to prevent the port 4 authority from bringing any proceedings to remove a cloud on title or 5 such other proceedings as it may, in its discretion, deem proper and 6 necessary, or from acquiring any such property by negotiation or 7 purchase. 8 Where a person entitled to an award in the proceedings to acquire any 9 property for any of the purposes of this part remains in possession of 10 such property after the time of the vesting of title in the authority or 11 its subsidiary, the reasonable value of his use and occupancy of such 12 property subsequent to such time, as fixed by agreement or by the court 13 in such proceedings or by any court of competent jurisdiction, shall be 14 a lien against such award, subject only to liens of record at the time 15 of the vesting of title in the authority or its subsidiary. 16 15. The port authority and its duly authorized agents, and all persons 17 acting under its authority and by its direction, may enter in the 18 daytime into and upon any real property for the purpose of making such 19 surveys, diagrams, maps, plans, soundings or borings as the port author- 20 ity may deem necessary, convenient or desirable for any of the purposes 21 of this act. 22 16. Any declarations contained herein with respect to the governmental 23 nature and public purpose of the world trade center, Hudson tubes and 24 Hudson tubes extensions and to the exemption of the world trade center, 25 Hudson tubes and Hudson tubes extensions property and instruments relat- 26 ing thereto from taxation and to the discretion of the port authority 27 with respect to said facilities shall not be construed to imply that 28 other port authority facilities, property and operations are not of a 29 governmental nature or do not serve public purposes, or that they are 30 subject to taxation, or that the determinations of the port authority 31 with respect thereto are not conclusive. The powers hereby vested in 32 the port authority and in any subsidiary corporation incorporated for 33 any of the purposes of this part (including but not limited to the power 34 to acquire real property by condemnation) shall be continuing powers and 35 no exercise thereof by the port authority or a subsidiary corporation 36 incorporated for any of the purposes of this part shall be deemed to 37 exhaust them or any of them. 38 17. This subdivision and the preceding subdivisions hereof constitute 39 an agreement between the states of New York and New Jersey supplementary 40 to the compact between the two states dated April thirty, nineteen 41 hundred twenty-one and amendatory thereof, and shall be liberally 42 construed to effectuate the purposes of said compact and of the compre- 43 hensive plan heretofore adopted by the two states, and the powers grant- 44 ed to the port authority shall be construed to be in aid of and not in 45 limitation or in derogation of any other powers heretofore conferred 46 upon or granted to the port authority. 47 18. If any subdivision, section, phrase, or provision of this part or 48 the application thereof to any person or circumstances be adjudged 49 invalid by any court of competent jurisdiction, so long as the part or 50 remainder of the part shall nonetheless permit the effectuation, as a 51 unified project, of the Hudson tubes, Hudson tubes extensions and the 52 world trade center, such judgment shall be confined in its operation to 53 the subdivision, part, phrase, provision or application directly 54 involved in the controversy in which such judgment shall have been 55 rendered and shall not affect or impair the validity of the remainder of 56 this part or the application thereof to other persons or circumstancesA. 9644 107 1 and the two states hereby declare that they would have entered into this 2 part or the remainder thereof had the invalidity of such provision or 3 application thereof been apparent. 4 PART XXIV 5 SUITS AGAINST THE PORT AUTHORITY 6 Section 2401. Suits against the port authority. 7 2402. Agreement between the states. 8 § 2401. Suits against the port authority. 1. Upon the concurrence of 9 the state of New Jersey in accordance with chapter three hundred one of 10 the laws of nineteen hundred fifty, the states of New York and New 11 Jersey consent to suits, actions or proceedings of any form or nature at 12 law, in equity or otherwise (including proceedings to enforce arbi- 13 tration agreements) against the port authority, and to appeals therefrom 14 and reviews thereof, except as hereinafter provided in subdivisions two 15 through five of this section. 16 2. The foregoing consent does not extend to suits, actions or 17 proceedings upon any causes of action whatsoever accruing before the 18 effective date of this part, other than causes of actions upon, in 19 connection with, or arising out of notes, bonds or other obligations or 20 securities secured by a pledge of the general reserve fund of the port 21 authority. 22 3. The foregoing consent does not extend to suits, actions or 23 proceedings upon any causes of action whatsoever, upon, in connection 24 with, or arising out of any contract, express or implied, entered into 25 or assumed by or assigned to the port authority before the effective 26 date of this part (including any supplement to, or amendment, extension 27 or renewal of any such contract, even if such supplement, amendment, 28 extension or renewal is made on or after the effective date of this 29 part), regardless of whether such cause of action accrued before or 30 after that date, other than causes of action upon, in connection with or 31 arising out of notes, bonds or other obligations or securities secured 32 by a pledge of the general reserve fund of the port authority. 33 4. The foregoing consent does not extend to civil suits, actions or 34 proceedings for the recovery of statutory penalties. 35 5. The foregoing consent does not extend to suits, actions or 36 proceedings for judgments, orders or decrees restraining, enjoining or 37 preventing the port authority from committing or continuing to commit 38 any act or acts, other than suits, actions or proceedings by the attor- 39 ney general of New York or by the attorney general of New Jersey--each 40 of whom is hereby authorized to bring such suits, actions or proceedings 41 in his discretion on behalf of any person or persons whatsoever who 42 requests him so to do except in the cases excluded by subdivisions two, 43 three and four of this section; provided, that in any such suit, action 44 or proceeding, no judgment, order or decree shall be entered except upon 45 at least two days' prior written notice to the port authority of the 46 proposed entry thereof. 47 6. The foregoing consent is granted upon the condition that venue in 48 any suit, action or proceeding against the port authority shall be laid 49 within a county or a judicial district, established by one of said 50 states or by the United States, and situated wholly or partially within 51 the port of New York district. The port authority shall be deemed to be 52 a resident of each such county or judicial district for the purpose of 53 such suits, actions or proceedings. Although the port authority is 54 engaged in the performance of governmental functions, the said twoA. 9644 108 1 states consent to liability on the part of the port authority in such 2 suits, actions or proceedings for tortious acts committed by it and its 3 agents to the same extent as though it were a private corporation. 4 7. The foregoing consent is granted upon the condition that any suit, 5 action or proceeding prosecuted or maintained under this part shall be 6 commenced within one year after the cause of action therefor shall have 7 accrued, and upon the further condition that in the case of any suit, 8 action or proceeding for the recovery or payment of money, prosecuted or 9 maintained under this part, a notice of claim shall have been served 10 upon the port authority by or on behalf of the plaintiff or plaintiffs 11 at least sixty days before such suit, action or proceeding is commenced. 12 The provisions of this section shall not apply to claims arising out of 13 provisions of any workers' compensation law of either state. 14 8. The notice of claim required by subdivision seven of this section 15 shall be in writing, sworn to by or on behalf of the claimant or claim- 16 ants, and shall set forth (1) the name and post office address of each 17 claimant and of his attorney, if any, (2) the nature of the claim, (3) 18 the time when, the place where and the manner in which the claim arose, 19 and (4) the items of damage or injuries claimed to have been sustained 20 so far as then practicable. Such notice may be served in the manner in 21 which process may be served, or in lieu thereof, may be sent by regis- 22 tered mail to the port authority at its principal office. Where the 23 claimant is a person under the age of eighteen years or is mentally or 24 physically incapacitated and by reason of such disability no notice of 25 claim is filed or suit, action or proceeding commenced within the time 26 specified in subdivision seven of this section, or where a person enti- 27 tled to make a claim dies and by reason of his death no notice of claim 28 is filed or suit, action or proceeding commenced within the time speci- 29 fied in subdivision seven of this section then any court in which such 30 suit, action or proceeding may be brought may in its discretion grant 31 leave to serve the notice of claim and to commence the suit, action or 32 proceeding within a reasonable time but in any event within three years 33 after the cause of action accrued. Application for such leave must be 34 made upon an affidavit showing the particular facts which caused the 35 delay and shall be accompanied by a copy of the proposed notice of claim 36 if such notice has not been served, and such application shall be made 37 only upon notice to the port authority. 38 9. The commissioners, officers or employees of the port authority 39 shall not be subject to suits, actions or proceedings for judgments, 40 orders or decrees restraining, preventing or enjoining them in their 41 official or personal capacities from committing or continuing to commit 42 any act or acts on behalf of the port authority other than suits, 43 actions and proceedings brought by the attorney general of New York or 44 by the attorney general of New Jersey or by the port authority itself-- 45 each of said attorneys general being hereby authorized to bring such 46 suits, actions or proceedings in his discretion on behalf of any person 47 or persons whatsoever who requests him so to do except in the cases 48 excluded by subdivisions two, three and four of this section; provided, 49 that in any such suit, action or proceeding brought by either attorney 50 general, no judgment, order or decree shall be entered except upon at 51 least two days' notice to the defendant of the proposed entry thereof. 52 10. Nothing herein contained shall be deemed to revoke, rescind or 53 affect any consents to suits, actions or proceedings against the port 54 authority heretofore given by the two said states in chapter eight 55 hundred two of the laws of New York of nineteen hundred forty-seven, as 56 amended and continued by part XII of this article, and chapter forty-A. 9644 109 1 three of the laws of New Jersey of nineteen hundred forty-seven, as 2 amended; chapter six hundred thirty-one of the laws of New York of nine- 3 teen hundred forty-seven, as amended and continued by part XI of this 4 article; chapter forty-four of the laws of New Jersey of nineteen 5 hundred forty-seven, as amended, and chapter five hundred thirty-four of 6 the laws of New York of nineteen hundred forty-eight and continued by 7 part XI of this article and chapter ninety-seven of the laws of New 8 Jersey of nineteen hundred forty-eight. 9 § 2402. Agreement between the states. This part together with the act 10 of the state of New Jersey concurring herein, shall constitute an agree- 11 ment between the states of New York and New Jersey supplementary to and 12 amendatory of the compact between the two said states dated April thir- 13 tieth, nineteen hundred twenty-one. 14 PART XXV 15 RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES 16 Section 2501. Rules and regulations governing operation of Hudson tubes. 17 § 2501. Rules and regulations governing operation of Hudson tubes. 1. 18 The port authority having duly adopted the following rules and regu- 19 lations, hereinafter set forth in this subdivision in relation to 20 conduct within the territorial limits of the state of New York and at, 21 on or in the Hudson tubes and Hudson tubes extensions operated by its 22 wholly-owned subsidiary the port authority trans-Hudson corporation 23 (hereinafter called "PATH"), the penalties and procedures for their 24 enforcement prescribed in subdivision two shall apply to violations 25 thereof. 26 RULES AND REGULATIONS 27 (a) No person shall smoke, carry or possess a lighted cigarette, 28 cigar, pipe, match or any lighted instrument causing naked flame in or 29 about any area, building or appurtenance or in any cars or other rolling 30 stock of the Hudson tubes or Hudson tubes extensions where smoking has 31 been prohibited by PATH and where appropriate signs to that effect have 32 been posted. 33 (b) No person, unless duly authorized by PATH, shall in or upon any 34 area, building, appurtenance, car or other rolling stock of the Hudson 35 tubes or Hudson tubes extensions sell or offer for sale any article of 36 merchandise or solicit any business or trade, including the carrying of 37 bags for hire, the shining of shoes or bootblacking, or shall entertain 38 any persons by singing, dancing or playing any musical instrument or 39 solicit alms. No person, unless duly authorized by PATH, shall post, 40 distribute or display commercial signs, circulars or other printed or 41 written matter in or upon the Hudson tubes or Hudson tubes extensions. 42 (c) No person, who is unable to give satisfactory explanation of his 43 presence, shall loiter about any car, or other rolling stock, area, 44 building or appurtenance of the Hudson tubes or Hudson tubes extensions, 45 or sleep therein or thereon. 46 (d) No person not authorized by PATH shall be permitted in or upon any 47 car or other rolling stock or station or platform or parking facility 48 within the Hudson tubes or Hudson tubes extensions, except upon payment 49 in full of such fares, fees and other charges as may from time to time 50 be prescribed by PATH. No person shall refuse to pay or evade or 51 attempt to evade the payment in full of such fares, fees and other 52 charges.A. 9644 110 1 (e) No person shall spit upon, litter or create a nuisance or other 2 insanitary condition in or on any car or other rolling stock, area, 3 building or appurtenance of the Hudson tubes or Hudson tubes extensions. 4 (f) No person shall enter any car or other rolling stock, area, build- 5 ing or appurtenance of the Hudson tubes or Hudson tubes extensions with 6 any animal, except an animal properly confined in an appropriate 7 container or a guide dog properly harnessed and muzzled, accompanying a 8 blind person carrying a certificate of identification issued by a guide 9 dog school. 10 (g) No person shall get on any car or other rolling stock of the 11 Hudson tubes or Hudson tubes extensions while it is in motion for the 12 purpose of obtaining transportation thereon as a passenger nor shall any 13 person wilfully obstruct, hinder or delay the passage of any such car or 14 rolling stock. No person not authorized by PATH shall walk upon or 15 along any right-of-way or related trackage of the Hudson tubes or Hudson 16 tubes extensions. 17 2. Any violation of the provisions of paragraph (a) of subdivision one 18 of this section, shall be an offense and shall be punishable for a first 19 conviction thereof by a fine of not more than fifty dollars or imprison- 20 ment for not more than thirty days or both; for a second such 21 conviction by a fine of not less than twenty-five dollars nor more than 22 one hundred dollars or imprisonment for not more than sixty days or 23 both; for a third or any other subsequent such conviction, by a fine of 24 not less than fifty dollars nor more than two hundred dollars or by 25 imprisonment for not more than sixty days or both. Any person who is 26 guilty of violating any other provision of subdivision one of this 27 section shall be guilty of an offense and shall be punishable by a fine 28 not exceeding ten dollars or by imprisonment not exceeding thirty days 29 or by both such fine and imprisonment for each conviction thereof. 30 PART XXVI 31 MASS TRANSPORTATION FACILITIES TO AIR TERMINALS 32 Section 2601. Mass transportation facilities to air terminals. 33 § 2601. Mass transportation facilities to air terminals. 1. The 34 states of New York and New Jersey hereby find and determine that: 35 (a) Each air terminal within the port of New York district serves the 36 entire district, and the problem of furnishing proper and adequate air 37 terminal facilities within the district is a regional and interstate 38 problem; 39 (b) Access by land travel to the great airports serving the port of 40 New York district, particularly John F. Kennedy and Newark international 41 airports, is becoming increasingly difficult, and such access is neces- 42 sary for the continued development of such airports which development is 43 vital and essential to the preservation of the economic well-being of 44 the northern New Jersey-New York metropolitan area; 45 (c) Additional highway construction to serve these great airports is 46 not feasible and creates severe problems in terms of increased air 47 pollution and the preemption of land which might otherwise be devoted to 48 park purposes and other desirable uses; 49 (d) Access to these airports by railroads or other forms of mass 50 transportation must be undertaken if they are to maintain their preemi- 51 nence and continue to serve the economic well-being of the northern New 52 Jersey-New York metropolitan area; 53 (e) Such mass transportation facilities may properly be regarded as 54 constituting a part of each air terminal, the development of whichA. 9644 111 1 should be the responsibility of those charged with the duties of air 2 terminal development; 3 (f) It is the purpose of this part to authorize and direct the port 4 authority of New York and New Jersey to undertake one or more mass 5 transportation access projects specifically with respect to John F. 6 Kennedy and Newark international airports in order to preserve and 7 develop the economic well-being of the northern New Jersey-New York 8 metropolitan area, and such undertakings are found and determined to be 9 in the public interest. 10 2. In furtherance of the aforesaid findings and determinations and in 11 partial effectuation of the comprehensive plan heretofore adopted by the 12 two states for the development of terminal and transportation facilities 13 in the port of New York district, the port authority of New York and New 14 Jersey is hereby specifically authorized to undertake pursuant to chap- 15 ter forty-three of the laws of New Jersey of nineteen hundred forty-sev- 16 en, as amended, and chapter eight hundred two of the laws of New York of 17 nineteen hundred forty-seven, as amended and continued by part XII of 18 this article, the following separate air terminal facilities: 19 (a) To provide access to Newark international airport. A railroad 20 line connecting Newark international airport, including (i) appropriate 21 mass transportation terminal facilities at and within the said airport; 22 (ii) construction, reconstruction and improvement of suitable offsite 23 facilities for the accommodation of air passengers, baggage, mail, 24 express, freight and other users of the connecting facility; and (iii) 25 such additional rail or other mass transportation, terminal, station, 26 parking, storage and service facilities as operations may require. 27 (b) To provide access to John F. Kennedy international airport. A 28 railroad line connecting John F. Kennedy international airport to the 29 main line of the Long Island railroad in the county of Queens, including 30 (i) a spur or branch to the Montauk line of the said railroad in the 31 said county; (ii) appropriate mass transportation terminal facilities 32 at and within the said airport; (iii) suitable offsite facilities for 33 the accommodation of air passengers, baggage, mail, express, freight and 34 other users of the connecting facility; and (iv) such additional rail or 35 other mass transportation, terminal, station, parking, storage and 36 service facilities, including improvements to the railroad approaches to 37 Pennsylvania Station and Jamaica Terminal in the city of New York, as 38 operations may require. 39 3. The port authority of New York and New Jersey is hereby authorized 40 and empowered to acquire real property located within the port district 41 by condemnation or the right of eminent domain pursuant to and in 42 accordance with any of the procedures authorized by chapter forty-three 43 of the laws of New Jersey of nineteen hundred forty-seven, as amended, 44 in the case of property having its situs in the state of New Jersey, and 45 by chapter eight hundred two of the laws of New York of nineteen hundred 46 forty-seven, as amended and continued by part XII of this article, in 47 the case of property having its situs in the state of New York, for and 48 in connection with the undertaking of the air terminal access facilities 49 set forth in subdivision three of this section. Such authorization and 50 power to acquire real property by condemnation or the right of eminent 51 domain may not be exercised in connection with the undertaking of access 52 facilities, other than the access facilities set forth in subdivision 53 three of this section, unless authorized by the laws of the state in 54 which such facilities are to be located. 55 4. The port authority of New York and New Jersey is hereby authorized 56 and empowered in its discretion to enter into an agreement or agreementsA. 9644 112 1 upon such terms and conditions as it may deem in the public interest, 2 with the United States, the state of New Jersey, the state of New York, 3 or any agency, department, commission, public authority, board or divi- 4 sion of any of the foregoing, or any municipality or other public corpo- 5 ration in the state of New Jersey or in the state of New York, or any 6 person, firm, association, company or corporation, or any two or more of 7 the foregoing, to effectuate any one or more of the purposes of this 8 part; and the state of New Jersey, the state of New York, or any agency, 9 department, commission, public authority, board or division of either of 10 the foregoing, or any municipality or other public corporation in the 11 state of New Jersey or the state of New York, or any two or more of the 12 foregoing, are hereby authorized and empowered to enter into an agree- 13 ment or agreements with the port authority to effectuate any one or more 14 of the purposes of this part. 15 5. If any section, phrase, or provision of this part, as hereby 16 amended and supplemented or the application thereof to any person, 17 project or circumstances, be adjudged invalid by any court of competent 18 jurisdiction, such judgment shall be confined in its operation to the 19 section, part, phrase, provision or application directly involved in the 20 controversy in which such judgment shall have been rendered and shall 21 not affect or impair the validity of the remainder of this part or the 22 application thereof to other persons, projects or circumstances and the 23 two states hereby declare that they would have entered into this part or 24 the remainder thereof had the invalidity of such provision or applica- 25 tion thereof been apparent. 26 PART XXVII 27 INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES 28 Section 2701. Findings and determinations. 29 2702. Definitions. 30 2703. Industrial development projects and facilities. 31 § 2701. Findings and determinations. 1. The states of New York and 32 New Jersey hereby find and determine: 33 a. that to prevent further deterioration of the economy of the port 34 district and thereby to promote, preserve and protect trade and commerce 35 in and through the port of New York district as defined in the compact 36 between the two states dated April thirtieth, nineteen hundred twenty- 37 one (hereinafter called the port district), it is the policy of each of 38 the two states actively to promote, attract, encourage and develop 39 economically sound commerce and industry through governmental action; 40 b. that in order to preserve and protect the position of the port of 41 New York as the nation's leading gateway for world commerce, it is 42 incumbent on the states of New York and New Jersey to make every effort 43 to insure that the port receives its rightful share of interstate and 44 international commerce generated by the manufacturing, industrial, trade 45 and commercial segments of the economy of the nation and of the port 46 district; 47 c. that since nineteen hundred fifty the number of available jobs in 48 the port district, particularly within the older central cities thereof, 49 has decreased, thereby resulting in the underutilization of available 50 land and other resources, the erosion of the port district's tax bases 51 and a rate of unemployment substantially in excess of the national aver- 52 age; 53 d. that in order to preserve the port district from further economic 54 deterioration, adequate industrial development projects and facilitiesA. 9644 113 1 must be provided, preserved and maintained to attract and retain indus- 2 try within the port district; 3 e. that a number of new industrial development projects and facilities 4 should be organized into industrial parks or districts; 5 f. that the construction of such industrial parks or districts shall 6 conform to the policies of the two states with respect to affirmative 7 action and equal employment opportunities; 8 g. that providing port district industrial development projects and 9 facilities is in the public interest and involves the exercise of public 10 and essential governmental functions which may include appropriate and 11 reasonable limitations on competition and which must be performed by the 12 two states, or any municipality, public authority, agency or commission 13 of either state and by a joint agency of the two states to accomplish 14 the purposes of this part; 15 h. that it is an objective of the two states, acting through the port 16 authority, to facilitate reemployment of residents of the older cities 17 through job training programs and employment opportunity priorities in 18 connection with industrial development parks in their respective cities; 19 i. that the acquisition and the use by such joint agency of abandoned, 20 undeveloped or underutilized land or land owned by governmental entities 21 within the port district for the generation of jobs and to reduce the 22 hazards of unemployment would promote, preserve and protect the indus- 23 try, trade and commerce of the port district, and will materially assist 24 in preserving for the two states and the people thereof the material and 25 other benefits of a prosperous port community; 26 j. that the collection, disposal and utilization of refuse, solid 27 waste or waste resulting from other treatment processes is an activity 28 of concern to all citizens within the port district, that the health, 29 safety and general welfare of the citizens within the port district 30 require efficient and reasonable collection and disposal services and 31 efficient utilization of such refuse, solid waste or waste resulting 32 from other treatment processes with adequate consideration given to 33 regional planning and coordination, and, therefore, that the 34 construction and operation of any port district industrial development 35 project and facility should conform to the environmental and solid waste 36 disposal standards and state and county plans therefor in the state in 37 which such project or facility is located; 38 k. that the dedication by the municipalities of the port district of 39 refuse, solid waste or waste resulting from other treatment processes to 40 resource recovery to permit the generation of lower priced energy and 41 the recovery of useful materials, together with the commitment by such 42 municipalities to pay fees to permit the delivery and removal after 43 processing of such refuse or solid waste at rates and for periods of 44 time at least sufficient to assure the continued furnishing of such 45 lower priced energy and material is in the public interest and would be 46 a major incentive for the attraction and retention of industry within 47 the port district; 48 l. that the port authority of New York and New Jersey (hereinafter 49 called the port authority), which was created by agreement of the two 50 states as a joint agent for the development of terminal, transportation 51 and other facilities of commerce of the port district and for the 52 promotion and protection of the commerce of the port, is a proper agency 53 to act in their behalf (either directly or by any subsidiary corpo- 54 ration) to finance and effectuate such industrial development projects 55 and facilities;A. 9644 114 1 m. that it is desirable for the port authority, after consultation 2 with the governing body of each municipality and within the city of New 3 York the appropriate community board or boards and elsewhere another 4 government entity or entities designated by such municipality in which 5 industrial development projects or facilities are proposed to be located 6 and with other persons, including but not limited to private real estate 7 developers, to prepare and adopt a master plan providing for the devel- 8 opment of such industrial development projects and facilities in the 9 port district, which plan shall give consideration to the extent of 10 unemployment and the general economic conditions of the respective 11 portions of the port district and shall include among other things the 12 locations and the nature and scope of such projects and facilities as 13 may be included in the plan; 14 n. that the undertaking of such industrial development projects and 15 facilities by the port authority has the single object of and is part of 16 a unified plan to aid in preserving the economic well-being of the port 17 district and is found and determined to be in the public interest; 18 o. that no such port district industrial development projects and 19 facilities are to be constructed if the sole intent of the construction 20 thereof would be the removal of an industrial or manufacturing plant of 21 an occupant of such projects and facilities from one location to another 22 location or in the abandonment of one or more plants or facilities of 23 such occupant, unless such port district industrial development projects 24 and facilities are reasonably necessary to discourage such occupant from 25 removing such plant or facility to a location outside the port district 26 or are reasonably necessary to preserve the competitive position of such 27 project occupant in its industry; 28 p. that no such port district industrial development projects or 29 facilities are to be constructed unless and until the port authority has 30 entered into an agreement or agreements with the municipality in which 31 any such project or facility is to be located with respect to payments 32 in lieu of real estate taxes and the location, nature and scope of any 33 project or facility; 34 q. that, subject to entering into said agreement or agreements, the 35 port authority should have the ability to acquire, lease, vacate, clear 36 and otherwise develop abandoned, undeveloped or underutilized property 37 or property owned by governmental entities within the port district and 38 to finance and construct industrial development projects and facilities. 39 § 2702. Definitions. The following terms as used in this part shall 40 have the following meanings: 41 a. "Bonds" shall mean bonds, notes, securities or other obligations or 42 evidences of indebtedness; 43 b. "Effectuation" of any project or facility or part of any such 44 project or facility shall include but not be limited to its establish- 45 ment, acquisition, construction, development, maintenance, operation, 46 improvement (by way of betterments, additions or otherwise) and rehabil- 47 itation by the port authority or any other person and the provision of 48 funds therefor through the issuance of obligations, the making or grant- 49 ing of loans or otherwise; 50 c. "General reserve fund statutes" shall mean chapter forty-eight of 51 the laws of New York of nineteen hundred thirty-one as amended and 52 continued by part XXIX of this article, and chapter five of the laws of 53 New Jersey of nineteen hundred thirty-one as amended, and "general 54 reserve fund" shall mean the general reserve fund of the port authority 55 authorized by said statutes;A. 9644 115 1 d. "Governing body" shall mean the board or body vested with the 2 general legislative powers of the municipality in which an industrial 3 development project or facility will be financed or effectuated pursuant 4 to this part; 5 e. "Industrial development project or facility" or "port district 6 industrial development project or facility" shall mean any equipment, 7 improvement, structure or facility or any land, and any building, struc- 8 ture, facility or other improvement thereon, or any combination thereof, 9 and all real and personal property, located within the New York portion 10 of the port district or within a municipality in the New Jersey portion 11 of the port district which qualified for state aid under the provisions 12 of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or 13 which may hereafter qualify for such aid, including, but not limited to, 14 machinery, equipment and other facilities deemed necessary or desirable 15 in connection therewith, or incidental thereto, whether or not now in 16 existence or under construction, which shall be considered suitable by 17 the port authority for manufacturing, research, non-retail commercial or 18 industrial purposes within an industrial park, or for purposes of ware- 19 housing or consumer and supporting services directly related to any of 20 the foregoing or to any other port authority project or facility; and 21 which may also include or be an industrial pollution control facility or 22 a resource recovery facility, provided that no such industrial develop- 23 ment project or facility may include or be a facility used for the stor- 24 age of chemicals, fuel or liquified natural gas unless incidental to the 25 effectuation of such industrial development project or facility; 26 f. "Industrial pollution control facility" shall mean any equipment, 27 improvement, structure or facility or any land, and any building, struc- 28 ture, facility or other improvement thereon, or any combination thereof, 29 and all real and personal property, located within the port district, 30 including, but not limited to, machinery, equipment and other facilities 31 deemed necessary or desirable in the opinion of the port authority in 32 connection therewith, or incidental thereto, whether or not now in 33 existence or under construction, having to do with or the end purpose of 34 which is the control, abatement or prevention of land, sewer, water, 35 air, noise or general environmental pollution deriving from the opera- 36 tion of industrial, manufacturing, warehousing, commercial and research 37 facilities, including, but not limited to any air pollution control 38 facility, noise abatement facility, water management facility, waste 39 water collecting system, waste water treatment works, sewage treatment 40 works system, sewage treatment system or solid waste disposal facility 41 or site, provided that no such industrial pollution control facility may 42 include or be used as a site for organic landfill or be of a character 43 or nature generally furnished or supplied by any other governmental 44 entity where such industrial pollution control facility is located with- 45 out the consent of such governmental entity; 46 g. "Municipality" means a city, county, town or village all or any 47 part of which is located within the New York portion of the port 48 district, or a city, county, town, borough or township all or any part 49 of which is located within the New Jersey portion of the port district; 50 h. "Person" means any person, including individuals, firms, partner- 51 ships, associations, societies, trusts, public utilities, public or 52 private corporations, or other legal entities, including public or 53 governmental bodies, which may include the port authority, as well as 54 natural persons. "Person" shall include the plural as well as the 55 singular;A. 9644 116 1 i. "Port authority" shall include the port authority and any subsid- 2 iary corporation now or hereafter incorporated for any of the purposes 3 of this part; provided, however, as used in subdivisions four and five 4 of section twenty-seven hundred three of this part it shall not include 5 any such subsidiary corporation; 6 j. "Purposes of this part" shall mean the effectuation of industrial 7 development projects and facilities and of each project or facility 8 constituting a portion thereof and of each part of each project or 9 facility, and purposes incidental thereto; 10 k. "Real property" shall mean lands, structures, franchises and inter- 11 ests in land, including air space and air rights, waters, lands under 12 water, wetlands and riparian rights, and any and all things and rights 13 included within the said term, and includes not only fees simple abso- 14 lute but also any and all lesser interests, including but not limited to 15 easements, rights-of-way, uses, leases, licenses and all other incorpo- 16 real hereditaments and every estate, interest or right, legal or equita- 17 ble, including terms for years and liens thereon by way of judgments, 18 mortgages or otherwise; 19 l. "Resource recovery facility" shall mean any equipment, improvement, 20 structure or facility or any land, and any building, structure, facility 21 or other improvement thereon, or any combination thereof, and all real 22 and personal property located within the port district, including, but 23 not limited to, machinery, equipment and other facilities deemed neces- 24 sary or desirable in the opinion of the port authority in connection 25 therewith, or incidental thereto, whether or not now in existence or 26 under construction, for the disposal of refuse or other solid wastes or 27 wastes resulting from other treatment processes and for the recovery and 28 sale or use of energy and other resources from such refuse or other 29 solid wastes or wastes resulting from other treatment processes, 30 provided that no such resource recovery facility may include or be used 31 as a site for organic landfill; 32 m. "Surplus revenues" from any facility shall mean the balance of the 33 revenues from such facility (including but not limited to the revenues 34 of any subsidiary corporation incorporated for any of the purposes of 35 this part) remaining at any time currently in the hands of the port 36 authority after the deduction of the current expenses of the operation 37 and maintenance thereof, including a proportion of the general expenses 38 of the port authority as it shall deem properly chargeable thereto, 39 which general expenses shall include but not be limited to the expense 40 of protecting and promoting the commerce of the port district, and after 41 the deduction of any amounts which the port authority may or shall be 42 obligated or may or shall have obligated itself to pay to or set aside 43 out of the current revenues therefrom for the benefit of the holders of 44 any bonds legal for investment as defined in the general reserve fund 45 statutes; 46 n. "Surplus revenues of port district industrial development projects 47 or facilities" shall mean the surplus revenues of all industrial devel- 48 opment projects or facilities effectuated pursuant to the terms of this 49 part. 50 § 2703. Industrial development projects and facilities. 1. In furth- 51 erance of the findings and determinations detailed by section twenty- 52 seven hundred one of this part, in partial effectuation of and supple- 53 mental to the comprehensive plan heretofore adopted by the two said 54 states for the development of the said port district, and subject to the 55 preparation and adoption of the plan authorized in subdivision two of 56 this section and the execution of an agreement or agreements authorizedA. 9644 117 1 by subdivisions eleven and twelve of this section, the port authority is 2 hereby authorized, empowered and directed to establish, acquire, 3 construct, effectuate, develop, own, lease, maintain, operate, improve, 4 rehabilitate, sell, transfer and mortgage projects or facilities herein 5 referred to as port district industrial development projects or facili- 6 ties, as defined in this part. 7 The port authority is hereby authorized and empowered to establish, 8 levy and collect such rentals, fares, fees and other charges as it may 9 deem necessary, proper or desirable in connection with any facility or 10 part of any facility constituting a portion of any port district indus- 11 trial development project or facility and to issue bonds for any of the 12 purposes of this part and to provide for payment thereof, with interest 13 thereon, and for the amortization and retirement of such bonds, and to 14 secure all or any portion of such bonds by a pledge of such rentals, 15 fares, fees, charges and other revenues or any part thereon (including 16 but not limited to the revenues of any subsidiary corporation incorpo- 17 rated for any of the purposes of this part) and to secure all or any 18 portion of such bonds by mortgages upon any property held or to be held 19 by the port authority for any of the purposes of this part, and for any 20 of the purposes of this part to exercise all appropriate powers hereto- 21 fore or hereafter delegated to it by the states of New York and New 22 Jersey, including, but not limited to, those expressly set forth in this 23 part. The surplus revenues of port district industrial development 24 projects or facilities may be pledged in whole or in part as hereinafter 25 provided. 26 2. The port authority is hereby authorized to initiate studies and 27 prepare and adopt a master plan providing for the development of port 28 district industrial development projects and facilities which shall 29 include the location of such projects and facilities as may be included 30 in the plan and shall to the maximum extent practicable include inter 31 alia a general description of each of such projects and facilities, the 32 land use requirements necessary therefor, and estimates of project 33 costs, of project employment potential and of a schedule for commence- 34 ment of each such project. Prior to adopting such master plan, the port 35 authority shall give written notice to, afford a reasonable opportunity 36 for comment, consult with and consider any recommendation made by the 37 governing body of municipalities and within the city of New York the 38 appropriate community board or boards and elsewhere another governmental 39 entity or entities designated by such municipality in which industrial 40 development projects or facilities are proposed to be located and with 41 such other persons, including but not limited to private real estate 42 developers, which in the opinion of the port authority is either neces- 43 sary or desirable. The master plan shall include the port authority's 44 estimate of the revenues to be derived by municipalities from each such 45 industrial development project or facility and also a description of the 46 proposed additional arrangements with municipalities necessary or desir- 47 able for each such project or facility. The port authority may modify 48 or change any part of such plan in the same form and manner as provided 49 for the adoption of such original plan. At the time the port authority 50 authorizes any industrial development project or facility, the port 51 authority shall include with such authorization a statement as to the 52 status of each project included in such master plan and any amendment 53 thereof. 54 3. No industrial development project proposed to be located within the 55 city of New York may be included in such master plan unless and until 56 the mayor of the city of New York requests the port authority to conductA. 9644 118 1 a comprehensive study of the feasibility of the effectuation of one or 2 more industrial development projects or any parts thereof (including 3 resource recovery or industrial pollution control facilities) in such 4 city, which request shall specify the borough in which such comprehen- 5 sive study is to take place; provided, however, that the president of 6 any borough in which an industrial development project or facility is 7 proposed to be located may within sixty days of receipt of notice of 8 such request, and after consulting with and considering any recommenda- 9 tion made by the local borough improvement board, notify the port 10 authority not to include any proposed industrial development project or 11 facility within that county in such feasibility study. Any such request 12 by the mayor of the city of New York may specify the facilities to be 13 included in such industrial park project. 14 4. The moneys in the general reserve fund may be pledged in whole or 15 in part by the port authority as security for or applied by it to the 16 repayment with interest of any moneys which it may raise upon bonds 17 issued or incurred by it from time to time for any of the purposes of 18 this part or upon bonds secured in whole or in part by the pledge of the 19 revenues from any industrial development project or facility or any 20 portion thereof or upon bonds both so issued or incurred and so secured; 21 and the moneys in said general reserve fund may be applied by the port 22 authority to the fulfillment of any other undertakings which it may 23 assume to or for the benefit of the holders of any such bonds. 24 Subject to prior liens and pledges (and to the obligation of the port 25 authority to apply revenues to the maintenance of its general reserve 26 fund in the amount prescribed by the general reserve fund statutes), the 27 revenues from facilities established, constructed, acquired or otherwise 28 effectuated through the issuance or sale of bonds of the port authority 29 secured in whole or in part by a pledge of its general reserve fund or 30 any portion thereof may be pledged in whole or in part as security for 31 or applied by it to any of the purposes of this part, including the 32 repayment with interest of any moneys which it may raise upon bonds 33 issued or incurred from time to time for any of the purposes of this 34 part or upon bonds secured in whole or in part by the pledge of the 35 revenues of the port authority from any industrial development project 36 or facility or any portion thereof or upon bonds both so issued or 37 incurred and so secured; and said revenues may be applied by the port 38 authority to the fulfillment of any other undertakings which it may 39 assume to or for the benefit of the holders of such bonds. 40 5. In all cases where the port authority has raised or shall hereafter 41 raise moneys for any of the purposes of this part by the issue and sale 42 of bonds which are secured in whole or in part by a pledge of the gener- 43 al reserve fund or any portion thereof, the surplus revenues from indus- 44 trial development projects or facilities financed in whole or in part 45 out of the proceeds of such bonds and the surplus revenues from any 46 other port authority facility the surplus revenues of which at such time 47 may be payable into the general reserve fund shall be pooled and applied 48 by the port authority to the establishment and maintenance of the gener- 49 al reserve fund in an amount equal to one-tenth of the par value of all 50 bonds legal for investment, as defined in the general reserve fund stat- 51 utes, issued by the port authority and currently outstanding, including 52 such bonds issued for any of the purposes of this part; and all such 53 moneys in said general reserve fund may be pledged and applied in the 54 manner provided in the general reserve fund statutes. 55 In the event that any time the balance of moneys theretofore paid into 56 the general reserve fund and not applied therefrom shall exceed anA. 9644 119 1 amount equal to one-tenth of the par value of all bonds upon the princi- 2 pal amount of which the amount of the general reserve fund is calcu- 3 lated, by reason of the retirement of bonds issued or incurred from time 4 to time for any of the purposes of this part the par value of which had 5 theretofore been included in the computation of said amount of the 6 general reserve fund, then the port authority may pledge or apply such 7 excess for and only for the purposes for which it is authorized by the 8 general reserve fund statutes to pledge the moneys in the general 9 reserve fund and such pledge may be made in advance of the time when 10 such excess may occur. 11 6. The two states covenant and agree with each other and with the 12 holders of any bonds issued by the port authority for the purposes of 13 this part, that so long as any of such bonds remain outstanding and 14 unpaid and the holders thereof shall not have given their consent as 15 provided in their contract with the port authority, the two states will 16 not diminish or impair the power of the port authority to establish, 17 levy and collect rentals, fares, fees or other charges in connection 18 with industrial development projects or facilities or any other facility 19 owned or operated by the port authority the revenues of which have been 20 or shall be pledged in whole or in part as security for such bonds 21 (directly or indirectly, or through the medium of the general reserve 22 fund or otherwise), or to determine the quantity, quality, frequency or 23 nature of any services provided by the port authority in connection with 24 the operation of each project or facility. This subdivision shall not 25 affect or diminish the provisions of subdivision twelve of this section. 26 7. The port authority is authorized and empowered to co-operate with 27 the states of New York and New Jersey, with any municipality thereof, 28 with any person, with the federal government and with any agency, public 29 authority or commission or any one or more of the foregoing, or with any 30 one or more of them, for and in connection with the acquisition, clear- 31 ance, replanning, rehabilitation, reconstruction or redevelopment of any 32 industrial development project or facility or of any other area forming 33 part of any industrial development project or facility for the purpose 34 of renewal and improvement of said area and for any of the purposes of 35 this part, and to enter into an agreement or agreements (and from time 36 to time to enter into agreements amending or supplementing the same) 37 with any such person, municipality, commission, public authority or 38 agency and with the states of New York and New Jersey and with the 39 federal government, or with any one or more of them, for or relating to 40 such purposes, including but not limited to agreements with respect to 41 the dedication by the municipalities of the port district of refuse, 42 solid waste or waste resulting from other treatment processes to 43 resource recovery to permit the generation of lower priced energy and 44 the recovery of useful materials; with respect to a commitment by such 45 municipalities to pay fees to permit the delivery and removal after 46 processing of such refuse or solid waste at rates and for periods of 47 time at least sufficient to assure the continued availability of such 48 energy and recovered materials; with respect to financial assistance, 49 loans and grants pursuant to any federal law now in effect or hereinaft- 50 er enacted which would provide such financial assistance, loans and 51 grants in connection with any of the purposes of this part, provided, 52 that if either state shall have or adopt general legislation governing 53 applications for such federal aid by municipalities, public authorities, 54 agencies or commissions of such state or the receipt or disbursement of 55 such federal aid by or on behalf of such municipalities, public authori- 56 ties, agencies or commissions, then such legislation shall at the optionA. 9644 120 1 of such state apply to applications by the port authority for such 2 federal aid in connection with an industrial development project or 3 facility located in such state and to the receipt and disbursement of 4 such federal aid by or on behalf of the port authority, in the same 5 manner and to the same extent as other municipalities, public authori- 6 ties, agencies or commissions of such state; and, with respect to occu- 7 pancy of space in any industrial development project or facility. The 8 port authority is hereby authorized and empowered to apply for and 9 accept financial assistance, loans and grants for such purposes under 10 federal, state or local laws, and to make application directly to the 11 proper officials or agencies for and receive federal, state or local 12 loans or grants in aid of any of the purposes of this part. Nothing 13 contained in this part shall be construed to limit or impair the power 14 of the governor of the state of New York and the governor of the state 15 of New Jersey to review the actions of the commissioners of the port 16 authority as provided for in chapter seven hundred of the laws of New 17 York of nineteen hundred twenty-seven, as amended and as continued by 18 part IV of this article, and in chapter three hundred thirty-three of 19 the laws of New Jersey of nineteen hundred twenty-seven, as amended, or 20 to authorize the port authority to commence the effectuation of any 21 industrial development project or facility unless and until the munici- 22 pality in which such project or facility is to be located has consented 23 to the commencement of such effectuation, with such consent to be 24 provided for in the agreement authorized by subdivision eleven or subdi- 25 vision twelve of this section. The port authority is authorized and 26 empowered to enter into an agreement or agreements (and from time to 27 time to enter into agreements amending or supplementing the same) with 28 any public authority, agency or commission of either or both states to 29 provide for the effectuation of any of the purposes of this part through 30 a subsidiary corporation owned jointly by the port authority and any 31 such public authority, agency or commission, and any such public author- 32 ity, agency or commission is authorized and empowered to enter into such 33 agreement or agreements with the port authority. 34 8. Notwithstanding any contrary provision of law, general, special or 35 local, either state and any municipality thereof and any commission, 36 public authority or agency of either or both of said two states is 37 authorized and empowered to co-operate with the port authority and to 38 enter into an agreement or agreements (and from time to time to enter 39 into agreements amending or supplementing the same) with the port 40 authority or with any other person for and in connection with or relat- 41 ing to the acquisition, clearance, replanning, rehabilitation, recon- 42 struction, redevelopment, sale, transfer or mortgage of any industrial 43 development project or facility or of any other area forming part of any 44 industrial development project or facility for the purpose of renewal 45 and improvement of said area as aforesaid or for any of the other 46 purposes of this part, including but not limited to the dedication by 47 the municipalities of the port district of refuse, solid waste or waste 48 resulting from other treatment processes to resource recovery to permit 49 the generation of lower priced energy and the recovery of useful materi- 50 als and a commitment by such municipalities to pay fees to permit the 51 delivery and removal after processing of such refuse or solid waste at 52 rates and for periods of time at least sufficient to assure the contin- 53 ued availability of such energy and recovered materials, upon such 54 reasonable terms and conditions as may be determined by such state, 55 municipality, public authority, agency or commission and the port 56 authority. Such agreement may, without limiting the generality of theA. 9644 121 1 foregoing, further include consent to the use by the port authority or 2 any other person of any real property owned or to be acquired by said 3 state, municipality, public authority, agency or commission and consent 4 to the use by such state, municipality, public authority, agency or 5 commission of any real property owned or to be acquired by the port 6 authority or by any other person which in either case is necessary, 7 convenient or desirable in the opinion of the port authority for any of 8 the purposes of this part, including such real property, improved or 9 unimproved, as has already been devoted to or has been or is to be 10 acquired for urban renewal or other public use, and as an incident to 11 such consent such state, municipality, public authority, agency or 12 commission may grant, convey, lease or otherwise transfer any such real 13 property to the port authority or to any other person and the port 14 authority may grant, convey, lease or otherwise transfer any such real 15 property to such state, municipality, public authority, agency, commis- 16 sion or any other person for such term and upon such conditions as may 17 be agreed upon. If real property of such state, municipality, public 18 authority, agency or commission be leased to the port authority or to 19 any other person for any of the purposes of this part, such state, muni- 20 cipality, public authority, agency or commission may consent to the port 21 authority or any other person having the right to mortgage the fee of 22 such property and thus enable the port authority or such other person to 23 give as security for its bond or bonds a lien upon the land and improve- 24 ments, but such state, municipality, public authority, agency or commis- 25 sion by consenting to the execution by the port authority or such other 26 person of a mortgage upon the leased property shall not thereby assume 27 and such consent shall not be construed as imposing upon such state, 28 municipality, public authority, agency or commission any liability upon 29 the bond or bonds secured by the mortgage. In connection with any of 30 the purposes of this part, either state and any municipality thereof, 31 any commission, public authority or agency of either or both of said two 32 states, the port authority and any other person are empowered to enter 33 into any other agreement or agreements (and from time to time to enter 34 into agreements amending or supplementing same) which may provide inter 35 alia for the establishment of prices or rates, a requirement that any 36 person sell, lease or purchase any commodity or service from any other 37 person, or any other similar arrangement. 38 Nothing contained in this subdivision shall impair or diminish the 39 powers vested in either state or in any municipality, public authority, 40 agency or commission to acquire, clear, replan, reconstruct, rehabili- 41 tate or redevelop abandoned, undeveloped or underutilized land and the 42 powers herein granted to either state or any municipality, public 43 authority, agency or commission shall be construed to be in aid of and 44 not in limitation or in derogation of any such powers heretofore or 45 hereafter conferred upon or granted to such state, municipality, public 46 authority, agency or commission. 47 Nothing contained in this part shall be construed to authorize the 48 port authority to acquire, by condemnation or the exercise of the right 49 of eminent domain, property now or hereafter vested in or held by either 50 state or by any municipality, public authority, agency or commission 51 without the authority or consent by such state, municipality, public 52 authority, agency or commission, provided that the state under whose 53 laws such public authority, agency or commission has been created may 54 authorize by appropriate legislation the port authority to acquire any 55 such property vested in or held by any such public authority, agency or 56 commission by condemnation or the exercise of the right of eminentA. 9644 122 1 domain without such authority or consent; nor shall anything herein 2 impair or invalidate in any way any bonded indebtedness of either state 3 or any such municipality, public authority, agency or commission, nor 4 impair the provisions of law regulating the payment into sinking funds 5 of revenues derived from such property, or dedicating the revenues 6 derived from such property to a specific purpose. 7 The port authority, subject to the express authority or consent of any 8 such state, municipality, public authority, agency or commission, is 9 hereby authorized and empowered to acquire from any such state or muni- 10 cipality, or from any other public authority, agency or commission 11 having jurisdiction in the premises, by agreement therewith, and such 12 state or municipality, public authority, agency or commission, notwith- 13 standing any contrary provision of law, is hereby authorized and 14 empowered to grant and convey, upon reasonable terms and conditions, any 15 real property which may be necessary, convenient or desirable for any of 16 the purposes of this part, including such real property as has already 17 been devoted to a public use. 18 Notwithstanding any inconsistent provision of this section or part or 19 any compact or general or special law, the port authority may not 20 acquire any park lands for industrial development projects or facilities 21 unless each such conveyance of such land is specifically authorized by 22 the legislature of the state wherein the land is located. 23 Any consent by a municipality shall be given and the terms, conditions 24 and execution by a municipality of any agreement, deed, lease, convey- 25 ance or other instrument pursuant to this subdivision or any other 26 subdivision of this section shall be authorized in the manner provided 27 in article twenty-two of the compact of April thirtieth, nineteen 28 hundred twenty-one between the two states creating the port authority, 29 except that as to towns in the state of New York, such consent shall be 30 authorized in the manner provided in the town law and as to counties in 31 the state of New Jersey, such consent shall be authorized in the manner 32 provided in New Jersey statutes annotated, forty: one-one, et seq. Any 33 consent by either state shall be effective if given, and the terms and 34 conditions and execution of any agreement, deed, lease, conveyance or 35 other instrument pursuant to this section or any other section of this 36 part shall be effective if authorized by the governor of such state. 37 Any consent by a public authority, agency or commission shall be effec- 38 tive if given by such public authority, agency or commission. 39 9. The states of New York and New Jersey hereby consent to suits, 40 actions or proceedings by any municipality, public authority, agency or 41 commission against the port authority upon, in connection with or aris- 42 ing out of any agreement, or any amendment thereof, entered into for any 43 of the purposes of this part, as follows: 44 a. for judgments, orders or decrees restraining or enjoining the port 45 authority from transferring title to real property to other persons in 46 cases where it has agreed with said municipality, public authority, 47 agency, or commission for transfer of such title to the municipality, 48 public authority, agency or commission; and 49 b. for judgments, orders or decrees restraining or enjoining the port 50 authority from committing or continuing to commit other breaches of such 51 agreement or any amendment thereof; provided, that such judgment, order 52 or decree shall not be entered except upon two days' prior written 53 notice to the port authority of the proposed entry thereof; and 54 provided further that upon appeal taken by the port authority from such 55 judgment, order or decree the service of the notice of appeal shallA. 9644 123 1 perfect the appeal and stay the execution of such judgment, order or 2 decree appealed from without an undertaking or other security. 3 Nothing herein contained shall be deemed to revoke, rescind or affect 4 any consent to suits, actions, or proceedings against the port authority 5 heretofore given by the two said states in chapter three hundred one of 6 the laws of New York of nineteen hundred fifty and continued by part XIV 7 of this article, and chapter two hundred four of the laws of New Jersey 8 of nineteen hundred fifty-one. 9 10. The effectuation of industrial development projects or facilities 10 of any such projects or facilities constituting a portion of any indus- 11 trial development project or facility, are and will be in all respects 12 for the benefit of the people of the states of New York and New Jersey, 13 for the increase of their commerce and prosperity and for the improve- 14 ment of their health and living conditions; and the port authority and 15 any subsidiary corporation incorporated for any of the purposes of this 16 part shall be regarded as performing an essential governmental function 17 in undertaking the effectuation thereof, and in carrying out the 18 provisions of law relating thereto. 19 11. The port authority shall be required to pay no taxes or assess- 20 ments upon any of the property acquired and used by it for any of the 21 purposes of this part or upon any deed, mortgage or other instrument 22 affecting such property or upon the recording of any such instrument. 23 However, to the end that no taxing jurisdiction shall suffer undue loss 24 of taxes and assessments by reason of the acquisition and ownership of 25 property by the port authority for any of the purposes of this part, the 26 port authority is hereby authorized and empowered, in its discretion, to 27 enter into a voluntary agreement or agreements with any city, town, 28 township or village whereby the port authority will undertake to pay in 29 lieu of taxes a fair and reasonable sum, if any, or sums annually in 30 connection with any real property acquired and owned by the port author- 31 ity for any of the purposes of this part and to provide for the payment 32 as a rental or additional rental charge by any person occupying any 33 portion of any industrial development project or facility either as 34 lessee, vendee or otherwise of such reasonable sum, if any, or sums as 35 hereinafter provided. Such sums in connection with any real property 36 acquired and owned by the port authority for any of the purposes of this 37 part shall not be more than the sum last paid as taxes upon such real 38 property prior to the time of its acquisition by the port authority; 39 provided, however, that in connection with any portion of any industrial 40 development project or facility, which is owned by the port authority or 41 another governmental entity and improved pursuant to this part with 42 buildings, structures or improvements greater in value than the build- 43 ings, structures or improvements in existence at the time of its acqui- 44 sition, development or improvement by the port authority, any person 45 occupying such portion of such industrial development project or facili- 46 ty either as lessee, vendee or otherwise shall, as long as title thereto 47 shall remain in the port authority or in another governmental entity, 48 pay as a rental or additional rental charge an amount in lieu of taxes, 49 if any, not in excess of the taxes on such improvements and on personal 50 property, including water and sewer service charges or assessments, 51 which such person would have been required to pay had it been the owner 52 of such property during the period for which such payment is made; 53 provided further, however, that neither the port authority nor any of 54 its projects, facilities, properties, monies or bonds and notes shall be 55 obligated, liable or subject to lien of any kind whatsoever for the 56 enforcement, collection or payment thereof. Each such city, town, town-A. 9644 124 1 ship or village is hereby authorized and empowered to enter into such 2 agreement or agreements with the port authority which agreement or 3 agreements may also include provisions with respect to the joint review 4 of categories of tenants proposed as occupants for industrial develop- 5 ment projects or facilities with the cities, towns, townships or 6 villages in which they are proposed to be located, and to accept the 7 payment or payments which the port authority is hereby authorized and 8 empowered to make or which are paid by a person occupying any such 9 portion of such industrial development project or facility as rental or 10 as additional rental in lieu of taxes, and the sums so received by such 11 city, town, township or village shall be devoted to purposes to which 12 taxes may be applied in all affected taxing jurisdictions unless and 13 until otherwise directed by law of the state in which such city, town, 14 township or village is located. At least ten days prior to the authori- 15 zation by the port authority of any agreement provided for in this 16 subdivision, the port authority shall notify the chief executive officer 17 of each city in the port district within which an industrial development 18 project or facility has been included in the master plan provided for in 19 subdivision two of this section of the proposed authorization of such 20 agreement, shall seek their comments and shall include with such author- 21 ization any comments received from such city. The port authority shall 22 not sell or lease substantially all of an industrial development project 23 or facility to a proposed purchaser or lessee without the prior approval 24 by the municipality wherein the project or facility is located of such 25 purchaser or lessee. 26 12. Except as otherwise specifically provided, all details of the 27 effectuation, including but not limited to details of financing, leas- 28 ing, rentals, fees and other charges, rates, contracts and service, of 29 industrial development projects or facilities by the port authority 30 shall be within its sole discretion and its decision in connection with 31 any and all matters concerning industrial development projects or facil- 32 ities shall be controlling and conclusive; provided that the 33 construction and operation of any such project or facility shall conform 34 to the environmental and solid waste disposal standards and any state 35 and county plans therefor in the state in which such project or facility 36 is located. At least ninety days prior to the authorization by the port 37 authority of the first contract for the construction of any industrial 38 development project or facility, the port authority shall transmit to 39 the governor of the state in which such project or facility is to be 40 located a statement as to the conformance of such industrial development 41 project or facility with such environmental and solid waste disposal 42 standards and any state and county plans therefor, and shall consult 43 with such governor or his designee with respect thereto. The port 44 authority and the city, town, township or village in which any indus- 45 trial development project or facility is to be located and for whose 46 benefit such project or facility is undertaken are hereby authorized and 47 empowered to enter into an agreement or agreements to provide which 48 local laws, resolutions, ordinances, rules and regulations, if any, of 49 such city, town, township or village affecting any industrial develop- 50 ment project or facility shall apply to such project or facility. All 51 other existing local laws, resolutions, ordinances or rules and regu- 52 lations not provided for in such agreement shall be applicable to such 53 industrial development projects or facilities. All such local laws, 54 resolutions, ordinances or rules and regulations enacted after the date 55 of such agreement or agreements shall not be applicable to such projectsA. 9644 125 1 or facilities unless made applicable by such agreement or agreements or 2 any modification or modifications thereto. 3 So long as any facility constituting a portion of any industrial 4 development project or facility shall be owned, controlled or operated 5 by the port authority, no public authority, agency, commission or muni- 6 cipality of either or both of the two states shall have jurisdiction 7 over such project or facility nor shall any such public authority, agen- 8 cy, commission or municipality have any jurisdiction over the terms or 9 method of effectuation of all or any portion thereof by the port author- 10 ity including but not limited to the transfer of all or any portion 11 thereof to or by the port authority; provided, however, the port 12 authority is authorized and empowered to submit to the jurisdiction over 13 such project or facility of either state or any department thereof or 14 any such public authority, agency, commission or municipality when the 15 exercise of such jurisdiction is necessary for the administration or 16 implementation of federal environmental or solid waste disposal legis- 17 lation by either state. 18 Nothing in this part shall be deemed to prevent the port authority 19 from establishing, acquiring, owning, leasing, constructing, effectuat- 20 ing, developing, maintaining, operating, rehabilitating, improving, 21 selling, transferring or mortgaging all or any portion of any industrial 22 development project or facility through wholly owned subsidiary corpo- 23 rations of the port authority or subsidiary corporations owned by the 24 port authority jointly with any public authority, agency or commission 25 of either or both of the two states or from transferring to or from any 26 such corporations any moneys, real property or other property for any of 27 the purposes of this part. If the port authority shall determine from 28 time to time to form such a subsidiary corporation it shall do so by 29 executing and filing with the secretary of state of the State of New 30 York and the secretary of state of the State of New Jersey a certificate 31 of incorporation, which may be amended from time to time by similar 32 filing, which shall set forth the name of such subsidiary corporation, 33 its duration, the location of its principal office, any joint owners 34 thereof, and the purposes of the incorporation which shall be one or 35 more of the purposes of establishing, acquiring, owning, leasing, 36 constructing, effectuating, developing, maintaining, operating, rehabil- 37 itating, improving, selling, transferring or mortgaging all or any 38 portion of any industrial development project or facility. The direc- 39 tors of such subsidiary corporation shall be the same persons holding 40 the offices of commissioners of the port authority together with persons 41 representing any joint owner thereof as provided for in the agreement in 42 connection with the incorporation thereof. Such subsidiary corporation 43 shall have all the powers vested in the port authority itself for the 44 purposes of this part except that it shall not have the power to 45 contract indebtedness. Such subsidiary corporation and any of its prop- 46 erty, functions and activities shall have all of the privileges, immuni- 47 ties, tax exemptions and other exemptions of the port authority and of 48 the port authority's property, functions and activities. Such subsid- 49 iary corporation shall be subject to the restrictions and limitations to 50 which the port authority may be subject, including, but not limited to 51 the requirement that no action taken at any meeting of the board of 52 directors of such subsidiary corporation shall have force or effect 53 until the governors of the two states shall have an opportunity, in the 54 same manner and within the same time as now or hereafter provided by law 55 for approval or veto of actions taken at any meeting of the port author- 56 ity itself, to approve or veto such action. Such subsidiary corporationA. 9644 126 1 shall be subject to suit in accordance with subdivision nine of this 2 section and chapter three hundred one of the laws of New York of nine- 3 teen hundred fifty and continued by part XIV of this article, and chap- 4 ter two hundred four of the laws of New Jersey of nineteen hundred 5 fifty-one as if such subsidiary corporation were the port authority 6 itself. Such subsidiary corporation may be a participating employer 7 under the New York retirement and social security law or any similar law 8 of either state and the employees of any such subsidiary corporation, 9 except those who are also employees of the port authority, shall not be 10 deemed employees of the port authority. 11 Whenever any state, municipality, commission, public authority, agen- 12 cy, officer, department, board or division is authorized and empowered 13 for any of the purposes of this part to co-operate and enter into agree- 14 ments with the port authority or to grant any consent to the port 15 authority or to grant, convey, lease or otherwise transfer any property 16 to the port authority or to execute any document, such state, munici- 17 pality, commission, public authority, agency, officer, department, board 18 or division shall have the same authorization and power for any of such 19 purposes to co-operate and enter into agreements with such subsidiary 20 corporation and to grant consents to such subsidiary corporation and to 21 grant, convey, lease or otherwise transfer property to such subsidiary 22 corporation and to execute documents for such subsidiary corporation. 23 13. The bonds issued by the port authority to provide funds for any of 24 the purposes of this part are hereby made securities in which all state 25 and municipal officers and bodies of both states, all trust companies 26 and banks other than savings banks, all building and loan associations, 27 savings and loan associations, investment companies and other persons 28 carrying on a commercial banking business, all insurance companies, 29 insurance associations and other persons carrying on an insurance busi- 30 ness, and all administrators, executors, guardians, trustees and other 31 fiduciaries, and all other persons whatsoever (other than savings 32 banks), who are now or may hereafter be authorized by either state to 33 invest in bonds of such state, may properly and legally invest any 34 funds, including capital, belonging to them or within their control, and 35 said bonds are hereby made securities which may properly and legally be 36 deposited with and shall be received by any state or municipal officer 37 or agency of either state for any purpose for which the deposit of bonds 38 of such state is now or may hereafter be authorized. The bonds issued 39 by the port authority to provide funds for any of the purposes of this 40 part as security for which the general reserve fund shall have been 41 pledged in whole or in part are hereby made securities in which all 42 savings banks also may properly and legally invest any funds including 43 capital, belonging to them or within their control. 44 14. Subsequent to and subject to the execution of the agreement or 45 agreements authorized by subdivisions eleven and twelve of this section 46 the projects and facilities and at the locations specified therein, if 47 the port authority shall find it necessary, convenient or desirable to 48 acquire from time to time any real property or any property other than 49 real property (including but not limited to contract rights and other 50 tangible or intangible personal property), for any of the purposes of 51 this act whether for immediate or future use (including temporary 52 construction, rehabilitation or improvement), the port authority may 53 find and determine that such property, whether a fee simple absolute or 54 a lesser interest, is required for a public use, and upon such determi- 55 nation the said property shall be and shall be deemed to be required for 56 such public use until otherwise determined by the port authority, andA. 9644 127 1 such determination shall not be affected by the fact that such property 2 has theretofore been taken for and is then devoted to a public use; but 3 the public use in the hands of or under the control of the port authori- 4 ty shall be deemed superior to the public use in the hands of any other 5 person, association or corporation. 6 The port authority may acquire and is hereby authorized so to acquire 7 from time to time, for any of the purposes of this part, such property, 8 whether a fee simple absolute or a lesser estate, by condemnation 9 (including the exercise of the right of eminent domain) under and pursu- 10 ant to the provisions of the eminent domain procedure law of the state 11 of New York in the case of property located in or having its situs in 12 such state, and chapter three hundred sixty-one of the laws of New 13 Jersey of nineteen hundred seventy-one, in the case of property located 14 in or having its situs in such state, or, at the option of the port 15 authority, as provided in section fifteen of chapter forty-three of the 16 laws of New Jersey of nineteen hundred forty-seven, as amended, in the 17 case of property located in or having its situs in such state, or pursu- 18 ant to such other and alternate procedure as may be provided by law of 19 the state in which such property is located or has its situs; and all of 20 said statutes for the acquisition of real property shall, for any of the 21 purposes of this part, be applied also to the acquisition of other prop- 22 erty authorized by this subdivision, except that such provisions as 23 pertain to surveys, diagrams, maps, plans or profiles, assessed valu- 24 ation, lis pendens, service of notice and papers, filing in the office 25 of the clerk in which the real property affected is situated and such 26 other provisions as by their nature cannot be applicable to property 27 other than real property, shall not be applicable to the acquisition of 28 such other property. In the event that any property other than real 29 property is acquired for any of the purposes of this part under this 30 section then, with respect to such other property, notice of such 31 proceeding and all subsequent notices or court processes shall be served 32 upon the owners of such other property and upon the port authority by 33 personal service or by registered or certified mail, except as may be 34 otherwise directed by the court. 35 The port authority is hereby authorized and empowered, in its 36 discretion, from time to time to combine any property which is to be 37 acquired as aforesaid by condemnation for any of the purposes of this 38 part for acquisition in a single action or proceeding notwithstanding 39 that part of the property so to be acquired is personal property or 40 mixed real and personal property or may be owned by more than one owner. 41 The owner of any property acquired by condemnation or the exercise of 42 the right of eminent domain for any of the purposes of this act shall 43 not be awarded for such property any increment above the just compen- 44 sation required by the constitutions of the United States and of the 45 state or states in which the property is located or has its situs by 46 reason of any circumstances whatsoever. 47 Nothing herein contained shall be construed to prevent the port 48 authority from bringing any proceedings to remove a cloud on title or 49 such other proceedings as it may, in its discretion, deem proper and 50 necessary, or from acquiring any such property by negotiation or 51 purchase. 52 Where a person entitled to an award in the proceedings for the acqui- 53 sition of property by condemnation or the right of eminent domain for 54 any of the purposes of this part remains in possession of such property 55 after the time of the vesting of title in the port authority, the 56 reasonable value of this use and occupancy of such property subsequentA. 9644 128 1 to such time, as fixed by agreement or by the court in such proceedings 2 or by any court of competent jurisdiction, shall be a lien against such 3 award, subject only to liens of record at the time of the vesting of 4 title in the port authority. 5 15. The port authority and its duly authorized agents, and all persons 6 acting under its authority and by its direction, may enter in the 7 daytime into and upon any real property for the purpose of making such 8 surveys, diagrams, maps, plans, soundings or borings as the port author- 9 ity may deem necessary, convenient or desirable for any of the purposes 10 of this part. 11 16. Any declarations contained herein with respect to the governmental 12 nature and public purpose of any industrial development project or 13 facility and to the exemption of any industrial development project or 14 facility property and instruments relating thereto from taxation and to 15 the discretion of the port authority with respect to said projects or 16 facilities shall not be construed to imply that other port authority 17 facilities, property and operations are not of a governmental nature or 18 do not serve public purposes, or that they are subject to taxation, or 19 that the determinations of the port authority with respect thereto are 20 not conclusive. The powers hereby vested in the port authority and in 21 any subsidiary corporation incorporated for any of the purposes of this 22 act (including but not limited to the power to acquire real property by 23 condemnation or the exercise of the right of eminent domain) shall be 24 continuing powers and no exercise thereof by the port authority or a 25 subsidiary corporation incorporated for any of the purposes of this part 26 shall be deemed to exhaust them or any of them. 27 17. This subdivision and the preceding subdivisions hereof constitute 28 an agreement between the states of New York and New Jersey supplementary 29 to the compact between the two states dated April thirtieth, nineteen 30 hundred twenty-one and amendatory thereof, and shall be liberally 31 construed to effectuate the purposes of said compact and of the compre- 32 hensive plan heretofore adopted by the two states, and the powers grant- 33 ed to the port authority shall be construed to be in aid of and not in 34 limitation or in derogation of any other powers, heretofore conferred 35 upon or granted to the port authority. 36 18. If any section, phrase, or provision of this part or the applica- 37 tion thereof to any person or circumstances be adjudged invalid by any 38 court of competent jurisdiction, so long as the section or remainder of 39 the part shall nonetheless permit the effectuation, as a unified 40 project, of any industrial development project or facility, such judg- 41 ment shall be confined in its operation to the section, part, phrase, 42 provision or application directly involved in the controversy in which 43 such judgment shall have been rendered and shall not affect or impair 44 the validity of the remainder of this act or the application thereof to 45 other persons or circumstances and the two states hereby declare that 46 they would have entered into this part or the remainder thereof had the 47 invalidity of such provision or application thereof been apparent. 48 19. A copy of the minutes of any action taken at any meeting of the 49 port authority in connection with any modification, addition or deletion 50 in or to any or all of the covenants with or pledges to bondholders 51 contained in a resolution authorizing the issuance of consolidated bonds 52 of the port authority from such covenants or pledges set forth in the 53 immediately preceding resolution of the port authority authorizing the 54 issuance of such bonds shall be filed with the temporary president and 55 minority leader of the senate and the speaker and minority leader of the 56 assembly of the state of New York and the secretary of the senate andA. 9644 129 1 clerk of the general assembly of the state of New Jersey within ten 2 calendar days prior to transmitting the same to the governor of each 3 state for review if the legislature of such state be in session and not 4 adjourned for more than two days, and, in the event the legislatures of 5 the respective states are not in session or are adjourned for more than 6 two days, the same shall be filed with such officers thirty calendar 7 days prior to transmitting the same to the governor of each state for 8 review. Notice of such filing shall be provided to the governor of each 9 state at the same time. 10 The temporary president and minority leader of the senate and the 11 speaker and minority leader of the assembly of the state of New York and 12 the speaker of the general assembly and the president of the senate of 13 the state of New Jersey, or their representatives designated by them in 14 writing for this purpose, may by certificate filed with the secretary of 15 the port authority waive the foregoing filing requirement with respect 16 to any specific minutes. 17 20. The port authority shall file with the temporary president and 18 minority leader of the senate, the speaker and minority leader of the 19 assembly, the chairman of the assembly ways and means committee and the 20 chairman of the senate finance committee of the state of New York and 21 the president, minority leader and secretary of the senate and the 22 speaker and minority leader and clerk of the general assembly of the 23 state of New Jersey a copy of the minutes of any action taken at any 24 public meeting of the port authority in connection with any of the 25 purposes of this part. Such filing shall be made at least ten calendar 26 days before such minutes are transmitted to the governor of each state 27 for review; and notice of such filing shall be provided to the governor 28 of each state at the same time. 29 The temporary president and minority leader of the senate, the speaker 30 and minority leader of the assembly, the chairman of the assembly ways 31 and means committee and the chairman of the senate finance committee of 32 the state of New York and the speaker and minority leader of the general 33 assembly and the president and the minority leader of the senate of the 34 state of New Jersey, or their representatives designated by them in 35 writing for this purpose, may by certificate filed with the secretary of 36 the port authority waive the foregoing filing requirement with respect 37 to any specific minutes. 38 21. The comptroller of the state of New York and the treasurer of the 39 state of New Jersey may each from time to time request a special report 40 with such information as each such officer may require with respect 41 thereto from the port authority with respect to any or all industrial 42 development projects or facilities. 43 PART XXVIII 44 BUS TRANSPORTATION 45 Section 2801. Findings and determinations. 46 2802. Definitions. 47 2803. Bus transportation. 48 § 2801. Findings and determinations. The states of New York and New 49 Jersey hereby find and determine that: 50 1. The efficient, economical and convenient mass transportation of 51 persons to, from and within the port district as defined in the compact 52 between the two states dated April thirtieth, nineteen hundred twenty- 53 one is vital and essential to the preservation and economic well being 54 of the northern New Jersey-New York metropolitan area;A. 9644 130 1 2. In order to deter the economic deterioration of the northern New 2 Jersey-New York metropolitan area adequate facilities for the mass 3 transportation of persons must be provided and buses are and will remain 4 of extreme importance in such transportation; 5 3. The provision of mass transportation including bus transportation 6 in urban areas has become financially burdensome and may result in the 7 additional curtailment of significant portions of this essential public 8 service; 9 4. The economic viability of the existing facilities operated by the 10 port authority is dependent upon the effective and efficient functioning 11 of the transportation network of the northern New Jersey-New York metro- 12 politan area and access to and proper utilization of such port authority 13 facilities would be adversely affected if users of bus transportation 14 were to find such transportation unavailable or significantly curtailed; 15 5. Buses serving regional bus routes and feeder bus routes and ancil- 16 lary bus facilities constitute an essential part of the mass commuter 17 facilities of the port district; 18 6. The continued availability of bus transportation requires substan- 19 tial replacement of and additions to the number of buses presently in 20 use in the northern New Jersey-New York metropolitan area; 21 7. The port authority which was created by agreement of the two states 22 as their joint agent for the development of transportation and terminal 23 facilities and other facilities of commerce of the port district and for 24 the promotion and protection of the commerce of their port, is a proper 25 agency to provide such buses to each of the two states and such 26 provision of buses by the port authority is in the interest of the 27 continued viability of the facilities of the port authority, and is in 28 the public interest; 29 8. The operation of the facilities of the port authority, including 30 but not limited to the port authority bus terminal at forty-first street 31 and eighth avenue in New York county in the city and state of New York 32 and the extension thereto currently under construction (hereinafter 33 called the "bus terminal"), the George Washington bridge bus station and 34 the provision of buses and ancillary bus facilities pursuant to this 35 part involve the exercise of public and essential governmental functions 36 which must be performed by the two states or any municipality, public 37 authority, agency, or commission of either or both states; 38 9. The revision to the port authority bridge and tunnel toll schedules 39 which was effective May fifth, nineteen hundred seventy-five, is 40 expected to result in additional revenues to the port authority suffi- 41 cient to support the financing with consolidated bonds of the port 42 authority of approximately four hundred million dollars for passenger 43 mass transportation capital projects (hereinafter called "passenger 44 facilities"), approximately one hundred sixty million dollars thereof 45 being allocated to the extension to the bus terminal, with the remaining 46 two hundred forty million dollars to be allocated on the basis of one 47 hundred twenty million dollars in each state for passenger facilities, 48 including but not limited to the acquisition, development and financing 49 of buses and related facilities, as determined by each such state and 50 the port authority acting pursuant to legislative authorization and 51 commitments to the holders of port authority obligations; and 52 10. The port authority's function as a regional agency of the two 53 states makes it appropriate that line-haul regional bus route passenger 54 facilities be equipped pursuant to this part with buses and ancillary 55 bus facilities and that the need for development and equipment of such 56 routes be satisfied on a priority basis.A. 9644 131 1 § 2802. Definitions. For the purpose of this part: 2 1. "Ancillary bus facilities" shall mean any facilities useful in the 3 provision of service for line-haul regional or feeder bus routes includ- 4 ing but not limited to (a) fare collection, communication, signal and 5 identification equipment, (b) equipment to aid in the provision of bus 6 service to the elderly and handicapped, (c) maintenance, repair and 7 storage facilities and equipment, and (d) bus stations for use primarily 8 by passengers traveling between New York and New Jersey; automobile 9 parking lots for use by people who transfer to buses on line-haul 10 regional bus routes or feeder bus routes; and shelters at roadside bus 11 stops to afford waiting bus passengers protection from precipitation and 12 wind; 13 2. "Buses" shall mean vehicles containing seats for twelve or more 14 passengers which are designed for and regularly used in scheduled common 15 carrier passenger mass transportation service on streets, highways and 16 exclusive busways and which are not designed or used for railroad 17 purposes; 18 3. "Consolidated bonds" shall mean consolidated bonds of the issue 19 established by the resolution of the port authority, adopted October 20 ninth, nineteen hundred fifty-two; 21 4. "Develop" shall mean plan, design, construct, improve or rehabili- 22 tate; 23 5. "Feeder bus routes" shall mean those bus routes entirely within the 24 regional bus area which connect within the port district with a bus stop 25 on a line-haul regional bus route, a passenger ferry, or a railroad 26 station; 27 6. "Line-haul regional bus routes" shall mean bus routes which are 28 entirely within the regional bus area and which extend from a point 29 outside the county in which the bus terminal is located to a point in 30 such county; 31 7. "Municipality" shall mean a county, city, borough, village, town, 32 township, or other similar political subdivision of New York or New 33 Jersey; 34 8. "Person" shall mean any person, including individuals, firms, part- 35 nerships, associations, societies, trusts, public utilities, public or 36 private corporations, or other legal entities, including public or 37 governmental bodies, which may include the port authority, as well as 38 natural persons; 39 9. "Railroad station" shall mean a stop on a rail or subway system at 40 which passengers embark or disembark; and 41 10. "Regional bus area" shall mean that area in the states of New York 42 and New Jersey which lies within a radius of seventy-five miles of the 43 bus terminal. 44 § 2803. Bus transportation. 1. The port authority is authorized and 45 empowered to acquire, develop, finance, and transfer buses and ancillary 46 bus facilities for the purpose of leasing, selling, transferring or 47 otherwise disposing of such buses and ancillary bus facilities only to 48 the state of New York and the state of New Jersey or to any public 49 authority, agency, commission, city or county thereof and designated by 50 such state (hereinafter called the "lessee"). Such buses may be used 51 only on line-haul regional bus routes or on feeder bus routes and such 52 ancillary bus facilities shall be developed for and used in connection 53 with buses which travel on line-haul regional bus routes or feeder bus 54 routes; provided, however, that (a) such buses may be used for charter 55 bus trips which originate in the regional bus area, which take place 56 when such buses are not needed for service on line-haul regional busA. 9644 132 1 routes or feeder bus routes, and which comply with all applicable 2 requirements including but not limited to those of the port authority 3 and the lessee; and (b) provided that fare collection, communication and 4 identification equipment and maintenance, repair and storage facilities 5 and equipment acquired pursuant to this act may be utilized in 6 connection with bus service which is not on line-haul regional or feeder 7 bus routes to the extent that such utilization shall comply with all 8 applicable requirements including but not limited to those of the port 9 authority and the lessee. Ancillary bus facilities which are not located 10 on buses or which are not otherwise intended to be moved from place to 11 place shall be located only within the port district. 12 2. Any such lease, sale, transfer or other disposition of buses and 13 ancillary bus facilities shall be on such terms and conditions, includ- 14 ing consideration, consistent with this part as the port authority shall 15 deem in the public interest and which shall be acceptable to the port 16 authority and the lessee. Notwithstanding any contrary provision of law, 17 general, special or local, part of the consideration for any such lease 18 or transfer shall consist of an agreement by the lessee to maintain and 19 use such buses and ancillary bus facilities, or cause such buses and 20 ancillary bus facilities to be maintained and used by others under 21 agreement with the lessee, in the effective and efficient transportation 22 of passengers in accordance with this act and the port authority may 23 accept such agreement in lieu of any other consideration for such lease 24 or transfer. The lessee shall be responsible for the proper operation, 25 maintenance, repair and use of the buses and ancillary bus facilities 26 and the port authority shall not be liable in any respect by reason of 27 the ownership, development, operation, maintenance, repair or use of 28 such buses and ancillary bus facilities. Anything contained in this part 29 to the contrary notwithstanding, development of such buses and ancillary 30 bus facilities and introduction into service of such buses shall be 31 subject to the approval of the lessee. 32 3. The two states covenant and agree with each other and with the 33 holders of the present and future obligations of the port authority that 34 (a) the lessee of buses or ancillary bus facilities leased, transferred 35 or otherwise disposed of pursuant to this part shall be required to 36 defend and to provide for indemnification, subject to appropriations or 37 other funds which are or become legally available for this purpose, of 38 the port authority against any liability of whatsoever form or nature as 39 may be imposed upon the port authority by reason of the ownership, 40 development, operation, maintenance, repair or use thereof or arising 41 otherwise out of the port authority's interest therein; (b) the lessee 42 shall be required to provide for and be responsible for the proper oper- 43 ation, maintenance, repair, and use of such buses and ancillary bus 44 facilities leased, transferred or otherwise disposed of pursuant to this 45 part and the port authority shall have no responsibility as to such 46 operation, maintenance, repair or use; and (c) neither the states nor 47 the port authority will apply to any purpose in connection with or 48 relating to the operation, maintenance, repair or use of such bus or 49 ancillary bus facilities leased, transferred or otherwise disposed of 50 pursuant to this part, other than purposes in connection with the utili- 51 zation of other port authority facilities by such buses and passenger 52 information purposes, any of the rentals, tolls, fares, fees, charges, 53 revenues, reserves or other funds of the port authority which have been 54 or shall be pledged in whole or in part as security for obligations as 55 security for which there may be or shall be pledged, in whole or in part 56 the general reserve fund of the port authority.A. 9644 133 1 4. Any capital expenditures by the port authority for buses and ancil- 2 lary bus facilities to be leased, sold, transferred or otherwise 3 disposed of pursuant to this part shall be made with the proceeds of 4 consolidated bonds of the port authority, which may be issued to finance 5 such capital expenditures, and such capital expenditures shall be a part 6 of and shall not exceed the allocations for passenger facilities to be 7 made from time to time as determined in accordance with subdivision nine 8 of section twenty-eight hundred one of this part. 9 5. The port authority is authorized and empowered to cooperate with 10 the states of New York and New Jersey, with any municipality thereof, 11 with the federal government and any public authority, agency or commis- 12 sion of the foregoing or with any one or more of them or with any other 13 person to the extent that it finds it necessary and desirable to do so 14 in connection with the acquisition, development, financing, leasing, 15 sale, transfer or other disposition of buses and ancillary bus facili- 16 ties and to enter into an agreement or agreements (and from time to time 17 to enter into agreements amending or supplementing the same) with said 18 states, municipalities, federal government, public authorities, agen- 19 cies, commissions and persons or with any one or more of them for or 20 relating to such purposes. 21 6. Notwithstanding any contrary provision of law, general, special or 22 local, either state or any municipality, public authority, agency, or 23 commission of either or both of said two states or any other person is 24 authorized and empowered to cooperate with the port authority and to 25 enter into an agreement or agreements (and from time to time to enter 26 into agreements amending or supplementing the same) with the port 27 authority including but not limited to the agreements with respect to 28 buses and ancillary bus facilities leased, transferred or otherwise 29 disposed of pursuant to this part, upon such reasonable terms and condi- 30 tions as determined by such state, municipality, public authority, agen- 31 cy, commission or person and the port authority. 32 7. Any consent by a municipality shall be given and the terms, condi- 33 tions and execution by a municipality of any agreement, deed, lease, 34 conveyance or other instrument pursuant to this subdivision or any other 35 subdivision of this section shall be authorized in the manner provided 36 in article twenty-two of the compact of April thirtieth, nineteen 37 hundred twenty-one between the two states creating the port authority, 38 except that as to towns in the state of New York, such consent shall be 39 authorized in the manner provided in the town law and as to counties in 40 the state of New Jersey, such consent shall be authorized in the manner 41 provided in New Jersey statutes annotated, title forty: chapter one, 42 section one, et seq. The terms and conditions and execution by either 43 state of any agreement, consent, designation, determination, deed, 44 lease, conveyance or other instrument pursuant to this subdivision or 45 any other subdivision of this section shall be effective if authorized 46 by the governor of such state. The powers herein granted to either state 47 or any municipality, public authority, agency or commission shall be 48 construed to be in aid of and not in limitation or in derogation of any 49 such powers heretofore or hereafter conferred upon or granted to such 50 state, municipality, public authority, agency or commission. Any consent 51 by a public authority, agency or commission shall be effective if given 52 by such public authority, agency or commission. 53 8. The port authority shall be required to pay no taxes or assessments 54 upon any of the property, real or personal, acquired or used by it for 55 any purpose of this part or upon any lease, deed, mortgage or other 56 instrument affecting such property or upon the recording of any instru-A. 9644 134 1 ment made in connection with the acquisition, development, financing, 2 lease, sale, transfer or other disposition or use of such property. 3 9. The port authority shall not be subject to the jurisdiction of any 4 municipality, public authority, agency or commission of either or both 5 of the two states in connection with the acquisition, development, 6 financing, lease, sale, transfer or other disposition of buses, ancil- 7 lary bus facilities or otherwise in connection with the purposes of this 8 part. 9 10. The acquisition, development, financing, leasing, sale, transfer 10 or other disposition by the port authority of buses and ancillary bus 11 facilities in accordance with this part are and will be in all respects 12 for the benefit of the people of the said two states, for the increase 13 of their commerce and prosperity and for the improvement of their 14 health, safety and living conditions and shall be deemed to be public 15 purposes; and the port authority shall be regarded as performing an 16 essential governmental function in undertaking such acquisition, devel- 17 opment, financing, leasing, sale, transfer or other disposition or 18 otherwise carrying out the provisions of this part. 19 11. Any declarations contained herein with respect to the governmental 20 nature and public purposes of the facilities authorized by this part and 21 to the exemption of such facilities and instruments relating thereto 22 from taxation and to the discretion of the port authority with respect 23 to said facilities shall not be construed to imply that other port 24 authority facilities, property and operations are not of a governmental 25 nature or do not serve public purposes, or that they are subject to 26 taxation, or that the determinations of the port authority with respect 27 thereto are not conclusive. 28 12. This subdivision and the preceding subdivisions hereof constitute 29 an agreement between the states of New York and New Jersey supplementary 30 to the compact between the two states dated April thirtieth, nineteen 31 hundred twenty-one and amendatory thereof, and shall be liberally 32 construed to effectuate the purposes of said compact and of the compre- 33 hensive plan heretofore adopted by the two states, and the powers grant- 34 ed to the port authority shall be construed to be in aid of and not in 35 limitation or in derogation of any other powers heretofore conferred 36 upon or granted to the port authority. 37 PART XXIX 38 GENERAL RESERVE FUND 39 Section 2901. Definitions. 40 2902. Establishment of general reserve fund. 41 2903. Effective date. 42 § 2901. Definitions. As used in this part: 43 (a) "Port authority" means the port of New York authority created by 44 the compact of April thirtieth, nineteen hundred twenty-one, between the 45 states of New York and New Jersey and continued by part I of this arti- 46 cle. 47 (b) "Bonds legal for investment" means bonds or other obligations or 48 securities of the port authority, in which savings banks in both of the 49 two said states are now or may hereafter be authorized to invest funds 50 within their control. 51 (c) "Terminal and/or transportation facilities" means terminal and/or 52 transportation facilities as used in the said compact of April thirti-A. 9644 135 1 eth, nineteen hundred twenty-one, and as defined in subdivisions eleven 2 and twelve of section one hundred three of this article. 3 (d) "Surplus revenues" means, in the case of each terminal or trans- 4 portation facility, the balance of the revenues therefrom remaining at 5 any time currently in the hands of the port authority after the 6 deduction of the current expenses of the operation and maintenance ther- 7 eof, including a proper proportion of the general expenses of the port 8 authority, and after the deduction of any amounts which the port author- 9 ity may or shall be obligated or may or shall have obligated itself to 10 pay or to set aside out of the current revenues therefrom for the bene- 11 fit of the holders of any bonds legal for investment, and after the 12 deduction of any amounts currently due to the two said states on account 13 of any advances made by the two said states to the port authority in aid 14 of the effectuation of such terminal or transportation facility. 15 § 2902. Establishment of general reserve fund. In all cases where the 16 port authority has raised or shall hereafter raise moneys for the estab- 17 lishment, acquisition, construction or effectuation of terminal and/or 18 transportation facilities by the issue and sale of bonds legal for 19 investment, as herein defined and limited, the surplus revenues received 20 by or accruing to the port authority from or in connection with the 21 operation of such terminal and/or transportation facilities built in 22 whole or in part by the proceeds of the sale of such bonds shall be 23 pooled and applied by it to the establishment and maintenance of a 24 general reserve fund in an amount equal to one-tenth (1/10) of the par 25 value of all bonds legal for investment, as herein defined and limited, 26 issued by the port authority and currently outstanding. The moneys in 27 the said general reserve fund may be pledged in whole or in part by the 28 port authority as security for or applied by it to the repayment with 29 interest of any moneys which it has raised or may hereafter raise upon 30 any bonds, legal or investment, as herein defined and limited, and made 31 and issued by it for any of its lawful purposes; and the said moneys may 32 be applied by the port authority to the fulfillment of any other under- 33 takings which it has assumed or may or shall hereafter assume to or for 34 the benefit of the holders of any of such bonds. 35 Any surplus revenues not required for the establishment and mainte- 36 nance of the aforesaid general reserve fund shall be used for such 37 purposes as may hereafter be directed by the two said states. 38 § 2903. Effective date. This part shall take effect upon the enactment 39 into law by the state of New Jersey of legislation having an identical 40 effect with this act, but if the State of New Jersey has already enacted 41 such legislation, this part shall take effect immediately. 42 ARTICLE II 43 THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND 44 NEW JERSEY COMPACT 45 PART I 46 THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND 47 NEW JERSEY COMPACT 48 Section 3001. Compact. 49 3002. Findings and declarations. 50 3003. Definitions. 51 3004. Waterfront and airport commission of New York and New 52 Jersey. 53 3005. General powers of commission. 54 3006. Pier superintendents and hiring agents. 55 3007. Stevedores.A. 9644 136 1 3008. Prohibition of public loading. 2 3009. Longshoreman. 3 3010. Regularization of longshoremen's employment. 4 3011. Port watchmen. 5 3012. Hearings, determinations and review. 6 3013. Employment information centers. 7 3014. Expenses of administration. 8 3015. General violations; prosecutions; penalties. 9 3016. Collective bargaining safeguarded. 10 3017. Amendments; construction; short title. 11 § 3001. Compact. The "waterfront and airport commission of New York 12 and New Jersey compact" as first enacted by chapter eight hundred eight- 13 y-two of the laws of nineteen hundred fifty-three is hereby continued to 14 read as follows. The state of New York hereby agrees with the state of 15 New Jersey, upon the enactment by the state of New Jersey of legislation 16 having the same effect as this section, to the following compact. 17 § 3002. Findings and declarations. 1. The states of New York and New 18 Jersey hereby find and declare that the conditions under which water- 19 front labor is employed within the port of New York district are 20 depressing and degrading to such labor, resulting from the lack of any 21 systematic method of hiring, the lack of adequate information as to the 22 availability of employment, corrupt hiring practices and the fact that 23 persons conducting such hiring are frequently criminals and persons 24 notoriously lacking in moral character and integrity and neither respon- 25 sive or responsible to the employers nor to the uncoerced will of the 26 majority of the members of the labor organizations of the employees; 27 that as a result waterfront laborers suffer from irregularity of employ- 28 ment, fear and insecurity, inadequate earnings, an unduly high accident 29 rate, subjection to borrowing at usurious rates of interest, exploita- 30 tion and extortion as the price of securing employment and a loss of 31 respect for the law; that not only does there result a destruction of 32 the dignity of an important segment of American labor, but a direct 33 encouragement of crime which imposes a levy of greatly increased costs 34 on food, fuel and other necessaries handled in and through the port of 35 New York district. 36 2. The states of New York and New Jersey hereby find and declare that 37 many of the evils above described result not only from the causes above 38 described but from the practices of public loaders at piers and other 39 waterfront terminals; that such public loaders serve no valid economic 40 purpose and operate as parasites exacting a high and unwarranted toll on 41 the flow of commerce in and through the port of New York district, and 42 have used force and engaged in discriminatory and coercive practices 43 including extortion against persons not desiring to employ them; and 44 that the function of loading and unloading trucks and other land vehi- 45 cles at piers and other waterfront terminals can and should be 46 performed, as in every other major American port, without the evils and 47 abuses of the public loader system, and by the carriers of freight by 48 water, stevedores and operators of such piers and other waterfront 49 terminals or the operators of such trucks or other land vehicles. 50 3. The states of New York and New Jersey hereby find and declare that 51 many of the evils above described result not only from the causes above 52 described but from the lack of regulation of the occupation of steve- 53 dores; that such stevedores have engaged in corrupt practices to induce 54 their hire by carriers of freight by water and to induce officers andA. 9644 137 1 representatives of labor organizations to betray their trust to the 2 members of such labor organizations. 3 4. The states of New York and New Jersey hereby find and declare that 4 the occupations of longshoremen, stevedores, pier superintendents, 5 hiring agents and port watchmen are affected with a public interest 6 requiring their regulation and that such regulation shall be deemed an 7 exercise of the police power of the two states for the protection of the 8 public safety, welfare, prosperity, health, peace and living conditions 9 of the people of the two states. 10 § 3003. Definitions. As used in this compact: 11 1. "The port of New York district" shall mean the district created by 12 article II of the compact dated April thirtieth, nineteen hundred twen- 13 ty-one, between the states of New York and New Jersey, authorized by 14 chapter one hundred fifty-four of the laws of New York of nineteen 15 hundred twenty-one and continued by article I of this chapter, and chap- 16 ter one hundred fifty-one of the laws of New Jersey of nineteen hundred 17 twenty-one. 18 2. "Commission" shall mean the waterfront and airport commission of 19 New York and New Jersey established by section three thousand four of 20 this part. 21 3. "Pier" shall include any wharf, pier, dock or quay. 22 4. "Other waterfront terminal" shall include any warehouse, depot or 23 other terminal (other than a pier) which is located within one thousand 24 yards of any pier in the port of New York district and which is used for 25 waterborne freight in whole or substantial part. 26 5. "Person" shall mean not only a natural person but also any partner- 27 ship, joint venture, association, corporation or any other legal entity 28 but shall not include the United States, any state or territory thereof 29 or any department, division, board, commission or authority of one or 30 more of the foregoing. 31 6. "Carrier of freight by water" shall mean any person who may be 32 engaged or who may hold himself out as willing to be engaged, whether as 33 a common carrier, as a contract carrier or otherwise (except for 34 carriage of liquid cargoes in bulk in tank vessels designed for use 35 exclusively in such service or carriage by barge of bulk cargoes 36 consisting of only a single commodity loaded or carried without wrappers 37 or containers and delivered by the carrier without transportation mark 38 or count) in the carriage of freight by water between any point in the 39 port of New York district and a point outside said district. 40 7. "Waterborne freight" shall mean freight carried by or consigned for 41 carriage by carriers of freight by water. 42 8. "Longshoreman" shall mean a natural person, other than a hiring 43 agent, who is employed for work at a pier or other waterfront terminal, 44 either by a carrier of freight by water or by a stevedore: 45 (a) physically to move waterborne freight on vessels berthed at piers, 46 on piers or at other waterfront terminals, or 47 (b) to engage in direct and immediate checking of any such freight or 48 of the custodial accounting therefor or in the recording or tabulation 49 of the hours worked at piers or other waterfront terminals by natural 50 persons employed by carriers of freight by water or stevedores, or 51 (c) to supervise directly and immediately others who are employed as 52 in subdivision (a) of this section. 53 9. "Pier superintendent" shall mean any natural person other than a 54 longshoreman who is employed for work at a pier or other waterfront 55 terminal by a carrier of freight by water or a stevedore and whose workA. 9644 138 1 at such pier or other waterfront terminal includes the supervision, 2 directly or indirectly, of the work of longshoremen. 3 10. "Port watchman" shall include any watchman, gateman, roundsman, 4 detective, guard, guardian or protector of property employed by the 5 operator of any pier or other waterfront terminal or by a carrier of 6 freight by water to perform services in such capacity on any pier or 7 other waterfront terminal. 8 11. "Longshoremen's register" shall mean the register of eligible 9 longshoremen compiled and maintained by the commission pursuant to 10 section three thousand nine of this part. 11 12. "Stevedore" shall mean a contractor (not including an employee) 12 engaged for compensation pursuant to a contract or arrangement with a 13 carrier of freight by water, in moving waterborne freight carried or 14 consigned for carriage by such carrier on vessels of such carrier 15 berthed at piers, on piers at which such vessels are berthed or at other 16 waterfront terminals. 17 13. "Hiring agent" shall mean any natural person, who on behalf of a 18 carrier of freight by water or a stevedore shall select any longshoreman 19 for employment. 20 14. "Compact" shall mean this compact and rules or regulations 21 lawfully promulgated thereunder. 22 § 3004. Waterfront and airport commission of New York and New Jersey. 23 1. There is hereby created the waterfront and airport commission of New 24 York and New Jersey, which shall be a body corporate and politic, an 25 instrumentality of the states of New York and New Jersey. 26 2. The commission shall consist of four members, two to be chosen by 27 the state of New Jersey and two to be chosen by the state of New York. 28 The members representing each state shall be appointed by the governor 29 of such state with the advice and consent of the senate thereof, without 30 regard to the state of residence of such members, and shall receive 31 compensation to be fixed by the governor of such state. The term of 32 office of each member shall be for four years; provided, however, that 33 the two present members of the commission heretofore appointed shall 34 continue to serve as members until the expiration of the respective 35 terms for which they were appointed, that the term of the two new 36 members shall expire on June thirtieth, nineteen hundred seventy-three, 37 and that the term of the successors to the present members shall expire 38 on June thirtieth, nineteen hundred seventy-five. Each member shall 39 hold office until his successor has been appointed and qualified. 40 Vacancies in office shall be filled for the balance of the unexpired 41 term in the same manner as original appointments. 42 3. Three members of the commission shall constitute a quorum; but the 43 commission shall act only by a majority vote of all its members. Any 44 member may, by written instrument filed in the office of the commission, 45 designate any officer or employee of the commission to act in his place 46 as a member whenever he shall be unable to attend a meeting of the 47 commission. A vacancy in the office of a member shall not impair such 48 designation until the vacancy shall have been filled. The commission 49 shall elect one of its members to serve as chairman for a term of one 50 year; provided, however, that the term of the first chairman shall 51 expire on June thirtieth, nineteen hundred seventy-one. The chairman 52 shall represent a state other than the state represented by the imme- 53 diately preceding chairman. 54 § 3005. General powers of commission. In addition to the powers and 55 duties elsewhere prescribed in this compact, the commission shall have 56 the power:A. 9644 139 1 1. To sue and be sued; 2 2. To have a seal and alter the same at pleasure; 3 3. To acquire, hold and dispose of real and personal property by gift, 4 purchase, lease, license or other similar manner, for its corporate 5 purposes; 6 4. To determine the location, size and suitability of accommodations 7 necessary and desirable for the establishment and maintenance of the 8 employment information centers provided in section three thousand thir- 9 teen of this part and for administrative offices for the commission; 10 5. To appoint such officers, agents and employees as it may deem 11 necessary, prescribe their powers, duties and qualifications and fix 12 their compensation and retain and employ counsel and private consultants 13 on a contract basis or otherwise; 14 6. To administer and enforce the provisions of this compact; 15 7. To make and enforce such rules and regulations as the commission 16 may deem necessary to effectuate the purposes of this compact or to 17 prevent the circumvention or evasion thereof, to be effective upon 18 publication in the manner which the commission shall prescribe and upon 19 filing in the office of the secretary of state of each state. A certi- 20 fied copy of any such rules and regulations, attested as true and 21 correct by the commission, shall be presumptive evidence of the regular 22 making, adoption, approval and publication thereof; 23 8. By its members and its properly designated officers, agents and 24 employees, to administer oaths and issue subpoenas to compel the attend- 25 ance of witnesses and the giving of testimony and the production of 26 other evidence; 27 9. To have for its members and its properly designated officers, 28 agents and employees, full and free access, ingress and egress to and 29 from all vessels, piers and other waterfront terminals or other places 30 in the port of New York district, for the purposes of making inspection 31 or enforcing the provisions of this compact; and no person shall 32 obstruct or in any way interfere with any such member, officer, employee 33 or agent in the making of such inspection, or in the enforcement of the 34 provisions of this compact or in the performance of any other power or 35 duty under this compact; 36 10. To recover possession of any suspended or revoked license issued 37 under this compact; 38 11. To make investigations, collect and compile information concerning 39 waterfront practices generally within the port of New York district and 40 upon all matters relating to the accomplishment of the objectives of 41 this compact; 42 12. To advise and consult with representatives of labor and industry 43 and with public officials and agencies concerned with the effectuation 44 of the purposes of this compact, upon all matters which the commission 45 may desire, including but not limited to the form and substance of rules 46 and regulations, the administration of the compact, maintenance of the 47 longshoremen's register, and issuance and revocation of licenses; 48 13. To make annual and other reports to the governors and legislatures 49 of both states containing recommendations for the improvement of the 50 conditions of waterfront labor within the port of New York district, for 51 the alleviation of the evils described in section three thousand two of 52 this part and for the effectuation of the purposes of this compact. 53 Such annual reports shall state the commission's finding and determi- 54 nation as to whether the public necessity still exists for (a) the 55 continued registration of longshoremen, (b) the continued licensing of 56 any occupation or employment required to be licensed hereunder and (c)A. 9644 140 1 the continued public operation of the employment information centers 2 provided for in section three thousand thirteen of this part. 3 14. To cooperate with and receive from any department, division, 4 bureau, board, commission, or agency of either or both states, or of any 5 county or municipality thereof, such assistance and data as will enable 6 it properly to carry out its powers and duties hereunder; and to 7 request any such department, division, bureau, board, commission, or 8 agency, with the consent thereof, to execute such of its functions and 9 powers, as the public interest may require. 10 15. The powers and duties of the commission may be exercised by offi- 11 cers, employees and agents designated by them, except the power to make 12 rules and regulations. The commission shall have such additional powers 13 and duties as may hereafter be delegated to or imposed upon it from time 14 to time by the action of the legislature of either state concurred in by 15 the legislature of the other. 16 § 3006. Pier superintendents and hiring agents. 1. On or after the 17 first day of December, nineteen hundred fifty-three, no person shall act 18 as a pier superintendent or as a hiring agent within the port of New 19 York district without first having obtained from the commission a 20 license to act as such pier superintendent or hiring agent, as the case 21 may be, and no person shall employ or engage another person to act as a 22 pier superintendent or hiring agent who is not so licensed. 23 2. A license to act as a pier superintendent or hiring agent shall be 24 issued only upon the written application, under oath, of the person 25 proposing to employ or engage another person to act as such pier super- 26 intendent or hiring agent, verified by the prospective licensee as to 27 the matters concerning him, and shall state the following: 28 (a) The full name and business address of the applicant; 29 (b) The full name, residence, business address (if any), place and 30 date of birth and social security number of the prospective licensee; 31 (c) The present and previous occupations of the prospective licensee, 32 including the places where he was employed and the names of his employ- 33 ers; 34 (d) Such further facts and evidence as may be required by the commis- 35 sion to ascertain the character, integrity and identity of the prospec- 36 tive licensee; and 37 (e) That if a license is issued to the prospective licensee, the 38 applicant will employ such licensee as pier superintendent or hiring 39 agent, as the case may be. 40 3. No such license shall be granted 41 (a) Unless the commission shall be satisfied that the prospective 42 licensee possesses good character and integrity; 43 (b) If the prospective licensee has, without subsequent pardon, been 44 convicted by a court of the United States, or any state or territory 45 thereof, of the commission of, or the attempt or conspiracy to commit, 46 treason, murder, manslaughter or any felony or high misdemeanor or any 47 of the following misdemeanors or offenses: illegally using, carrying or 48 possessing a pistol or other dangerous weapon; making or possessing 49 burglar's instruments; buying or receiving stolen property; unlawful 50 entry of a building; aiding an escape from prison; unlawfully possess- 51 ing, possessing with intent to distribute, sale or distribution of a 52 controlled dangerous substance (controlled substance) or, in New Jersey, 53 a controlled dangerous substance analog (controlled substance analog); 54 and violation of this compact. Any such prospective licensee ineligible 55 for a license by reason of any such conviction may submit satisfactory 56 evidence to the commission that he has for a period of not less thanA. 9644 141 1 five years, measured as hereinafter provided, and up to the time of 2 application, so conducted himself as to warrant the grant of such 3 license, in which event the commission may, in its discretion, issue an 4 order removing such ineligibility. The aforesaid period of five years 5 shall be measured either from the date of payment of any fine imposed 6 upon such person or the suspension of sentence or from the date of his 7 unrevoked release from custody by parole, commutation or termination of 8 his sentence; 9 (c) If the prospective licensee knowingly or wilfully advocates the 10 desirability of overthrowing or destroying the government of the United 11 States by force or violence or shall be a member of a group which advo- 12 cates such desirability, knowing the purposes of such group include such 13 advocacy. 14 4. When the application shall have been examined and such further 15 inquiry and investigation made as the commission shall deem proper and 16 when the commission shall be satisfied therefrom that the prospective 17 licensee possesses the qualifications and requirements prescribed in 18 this section, the commission shall issue and deliver to the prospective 19 licensee a license to act as pier superintendent or hiring agent for the 20 applicant, as the case may be, and shall inform the applicant of his 21 action. The commission may issue a temporary permit to any prospective 22 licensee for a license under the provisions of this section pending 23 final action on an application made for such a license. Any such permit 24 shall be valid for a period not in excess of thirty days. 25 5. No person shall be licensed to act as a pier superintendent or 26 hiring agent for more than one employer, except at a single pier or 27 other waterfront terminal, but nothing in this section shall be 28 construed to limit in any way the number of pier superintendents or 29 hiring agents any employer may employ. 30 6. A license granted pursuant to this section shall continue through 31 the duration of the licensee's employment by the employer who shall have 32 applied for his license. 33 7. Any license issued pursuant to this section may be revoked or 34 suspended for such period as the commission deems in the public interest 35 or the licensee thereunder may be reprimanded for any of the following 36 offenses: 37 (a) Conviction of a crime or act by the licensee or other cause which 38 would require or permit his disqualification from receiving a license 39 upon original application; 40 (b) Fraud, deceit or misrepresentation in securing the license, or in 41 the conduct of the licensed activity; 42 (c) Violation of any of the provisions of this section; 43 (d) Conviction of a crime involving unlawfully possessing, possession 44 with intent to distribute, sale or distribution of a controlled danger- 45 ous substance (controlled substance) or, in New Jersey, a controlled 46 dangerous substance analog (controlled substance analog); 47 (e) Employing, hiring or procuring any person in violation of this 48 section or inducing or otherwise aiding or abetting any person to 49 violate the terms of this section; 50 (f) Paying, giving, causing to be paid or given or offering to pay or 51 give to any person any valuable consideration to induce such other 52 person to violate any provision of this section or to induce any public 53 officer, agent or employee to fail to perform his duty hereunder; 54 (g) Consorting with known criminals for an unlawful purpose; 55 (h) Transfer or surrender of possession of the license to any person 56 either temporarily or permanently without satisfactory explanation;A. 9644 142 1 (i) False impersonation of another licensee under this section; 2 (j) Receipt or solicitation of anything of value from any person other 3 than the licensee's employer as consideration for the selection or 4 retention for employment of any longshoreman; 5 (k) Coercion of a longshoreman by threat of discrimination or violence 6 or economic reprisal, to make purchases from or to utilize the services 7 of any person; 8 (l) Lending any money to or borrowing any money from a longshoreman 9 for which there is a charge of interest or other consideration; and 10 (m) Membership in a labor organization which represents longshoremen 11 or port watchmen; but nothing in this subdivision shall be deemed to 12 prohibit pier superintendents or hiring agents from being represented by 13 a labor organization or organizations which do not also represent long- 14 shoremen or port watchmen. The American Federation of Labor, the 15 Congress of Industrial Organizations and any other similar federation, 16 congress or other organization of national or international occupational 17 or industrial labor organizations shall not be considered an organiza- 18 tion which represents longshoremen or port watchmen within the meaning 19 of this section although one of the federated or constituent labor 20 organizations thereof may represent longshoremen or port watchmen. 21 § 3007. Stevedores. 1. On or after the first day of December, nine- 22 teen hundred fifty-three, no person shall act as a stevedore within the 23 port of New York district without having first obtained a license from 24 the commission, and no person shall employ a stevedore to perform 25 services as such within the port of New York district unless the steve- 26 dore is so licensed. 27 2. Any person intending to act as a stevedore within the port of New 28 York district shall file in the office of the commission a written 29 application for a license to engage in such occupation, duly signed and 30 verified as follows: 31 (a) If the applicant is a natural person, the application shall be 32 signed and verified by such person and if the applicant is a partner- 33 ship, the application shall be signed and verified by each natural 34 person composing or intending to compose such partnership. The applica- 35 tion shall state the full name, age, residence, business address (if 36 any), present and previous occupations of each natural person so signing 37 the same, and any other facts and evidence as may be required by the 38 commission to ascertain the character, integrity and identity of each 39 natural person so signing such application. 40 (b) If the applicant is a corporation, the application shall be signed 41 and verified by the president, secretary and treasurer thereof, and 42 shall specify the name of the corporation, the date and place of its 43 incorporation, the location of its principal place of business, the 44 names and addresses of, and the amount of the stock held by stockholders 45 owning 5 per cent or more of any of the stock thereof, and of all offi- 46 cers (including all members of the board of directors). The require- 47 ments of paragraph (a) of this subdivision as to a natural person who is 48 a member of a partnership, and such requirements as may be specified in 49 rules and regulations promulgated by the commission, shall apply to each 50 such officer or stockholder and their successors in office or interest 51 as the case may be. 52 (c) In the event of the death, resignation or removal of any officer, 53 and in the event of any change in the list of stockholders who shall own 54 five per cent or more of the stock of the corporation, the secretary of 55 such corporation shall forthwith give notice of that fact in writing to 56 the commission, certified by said secretary.A. 9644 143 1 3. No such license shall be granted: 2 (a) If any person whose signature or name appears in the application 3 is not the real party in interest required by subdivision two of this 4 section to sign or to be identified in the application or if the person 5 so signing or named in the application is an undisclosed agent or trus- 6 tee for any such real party in interest; 7 (b) Unless the commission shall be satisfied that the applicant and 8 all members, officers and stockholders required by subdivision two of 9 this section to sign or be identified in the application for license 10 possess good character and integrity; 11 (c) Unless the applicant is either a natural person, partnership or 12 corporation; 13 (d) Unless the applicant shall be a party to a contract then in force 14 or which will take effect upon the issuance of a license, with a carrier 15 of freight by water for the loading and unloading by the applicant of 16 one or more vessels of such carrier at a pier within the port of New 17 York district; 18 (e) If the applicant or any member, officer or stockholder required by 19 subdivision two of this section to sign or be identified in the applica- 20 tion for license has, without subsequent pardon, been convicted by a 21 court of the United States or any state or territory thereof of the 22 commission of, or the attempt or conspiracy to commit, treason, murder, 23 manslaughter or any felony or high misdemeanor or any of the misdemea- 24 nors or offenses described in paragraph (b) of subdivision three of this 25 section. Any applicant ineligible for a license by reason of any such 26 conviction may submit satisfactory evidence to the commission that the 27 person whose conviction was the basis of ineligibility has for a period 28 of not less than five years, measured as hereinafter provided and up to 29 the time of application, so conducted himself as to warrant the grant of 30 such license, in which event the commission may, in its discretion issue 31 an order removing such ineligibility. The aforesaid period of five years 32 shall be measured either from the date of payment of any fine imposed 33 upon such person or the suspension of sentence or from the date of his 34 unrevoked release from custody by parole, commutation or termination of 35 his sentence; 36 (f) If, on or after July first, nineteen hundred fifty-three, the 37 applicant has paid, given, caused to have been paid or given or offered 38 to pay or give to any officer or employee of any carrier of freight by 39 water any valuable consideration for an improper or unlawful purpose or 40 to induce such person to procure the employment of the applicant by such 41 carrier for the performance of stevedoring services; 42 (g) If, on or after July first, nineteen hundred fifty-three, the 43 applicant has paid, given, caused to be paid or given or offered to pay 44 or give to any officer or representative of a labor organization any 45 valuable consideration for an improper or unlawful purpose or to induce 46 such officer or representative to subordinate the interests of such 47 labor organization or its members in the management of the affairs of 48 such labor organization to the interests of the applicant. 49 4. When the application shall have been examined and such further 50 inquiry and investigation made as the commission shall deem proper and 51 when the commission shall be satisfied therefrom that the applicant 52 possesses the qualifications and requirements prescribed in this 53 section, the commission shall issue and deliver a license to such appli- 54 cant. The commission may issue a temporary permit to any applicant for 55 a license under the provisions of this article pending final action onA. 9644 144 1 an application made for such a license. Any such permit shall be valid 2 for a period not in excess of thirty days. 3 5. A license granted pursuant to this section shall be for a term of 4 two years or fraction of such two year period, and shall expire on the 5 first day of December of each odd numbered year. In the event of the 6 death of the licensee, if a natural person, or its termination or 7 dissolution by reason of the death of a partner, if a partnership, or if 8 the licensee shall cease to be a party to any contract of the type 9 required by paragraph (d) of subdivision three of this section, the 10 license shall terminate ninety days after such event or upon its expira- 11 tion date, whichever shall be sooner. A license may be renewed by the 12 commission for successive two year periods upon fulfilling the same 13 requirements as are set forth in this section for an original applica- 14 tion. 15 6. Any license issued pursuant to this section may be revoked or 16 suspended for such period as the commission deems in the public interest 17 or the licensee thereunder may be reprimanded for any of the following 18 offenses on the part of the licensee or of any person required by subdi- 19 vision two of this section to sign or be identified in an original 20 application for a license: 21 (a) Conviction of a crime or other cause which would permit or require 22 disqualification of the licensee from receiving a license upon original 23 application; 24 (b) Fraud, deceit or misrepresentation in securing the license or in 25 the conduct of the licensed activity; 26 (c) Failure by the licensee to maintain a complete set of books and 27 records containing a true and accurate account of the licensee's 28 receipts and disbursements arising out of his activities within the port 29 of New York district; 30 (d) Failure to keep said books and records available during business 31 hours for inspection by the commission and its duly designated represen- 32 tatives until the expiration of the fifth calendar year following the 33 calendar year during which occurred the transactions recorded therein; 34 (e) Any other offense described in paragraphs (c) to (i) inclusive, of 35 subdivision seven of section three thousand six of this part. 36 § 3008. Prohibition of public loading. 1. The states of New York and 37 New Jersey hereby find and declare that the transfer of cargo to and 38 from trucks at piers and other waterfront terminals in the port of New 39 York district has resulted in vicious and notorious abuses by persons 40 commonly known as "public loaders." There is compelling evidence that 41 such persons have exacted the payment of exorbitant charges for their 42 services, real and alleged, and otherwise extorted large sums through 43 force, threats of violence, unauthorized labor disturbances and other 44 coercive activities, and that they had been responsible for and abetted 45 criminal activities on the waterfront. These practices which have 46 developed in the port of New York district impose unjustified costs on 47 the handling of goods in and through the port of New York district, and 48 increase the prices paid by consumers for food, fuel and other neces- 49 saries, and impair the economic stability of the port of New York 50 district. It is the sense of the legislatures of the states of New York 51 and New Jersey that these practices and conditions must be eliminated to 52 prevent grave injury to the welfare of the people. 53 2. It is hereby declared to be against the public policy of the states 54 of New York and New Jersey and to be unlawful for any person to load or 55 unload waterborne freight onto or from vehicles other than railroad cars 56 at piers or at other waterfront terminals within the port of New YorkA. 9644 145 1 district, for a fee or other compensation, other than the following 2 persons and their employees: 3 (a) Carriers of freight by water, but only at piers at which their 4 vessels are berthed; 5 (b) Other carriers of freight (including but not limited to railroads 6 and truckers), but only in connection with freight transported or to be 7 transported by such carriers; 8 (c) Operators of piers or other waterfront terminals (including rail- 9 roads, truck terminal operators, warehousemen and other persons), but 10 only at piers or other waterfront terminals operated by them; 11 (d) Shippers or consignees of freight, but only in connection with 12 freight shipped by such shipper or consigned to such consignee; 13 (e) Stevedores licensed under section three thousand eight of this 14 part whether or not such waterborne freight has been or is to be trans- 15 ported by a carrier of freight by water with which such stevedore shall 16 have a contract of the type prescribed by paragraph (d) of subdivision 3 17 of section three thousand seven of this part. 18 Nothing herein contained shall be deemed to permit any such loading or 19 unloading of any waterborne freight at any place by any such person by 20 means of any independent contractor, or any other agent other than an 21 employee, unless such independent contractor is a person permitted by 22 this section to load or unload such freight at such place in his own 23 right. 24 § 3009. Longshoremen. 1. The commission shall establish a 25 longshoremen's register in which shall be included all qualified long- 26 shoremen eligible, as hereinafter provided, for employment as such in 27 the port of New York district. On or after the first day of December, 28 nineteen hundred fifty-three, no person shall act as a longshoreman 29 within the port of New York district unless at the time he is included 30 in the longshoremen's register, and no person shall employ another to 31 work as a longshoreman within the port of New York district unless at 32 the time such other person is included in the longshoremen's register. 33 2. Any person applying for inclusion in the longshoremen's register 34 shall file at such place and in such manner as the commission shall 35 designate a written statement, signed and verified by such person, 36 setting forth his full name, residence address, social security number, 37 and such further facts and evidence as the commission may prescribe to 38 establish the identity of such person and his criminal record, if any. 39 3. The commission may in its discretion deny application for inclusion 40 in the longshoremen's register by a person 41 (a) Who has been convicted by a court of the United States or any 42 state or territory thereof, without subsequent pardon, of treason, 43 murder, manslaughter or of any felony or high misdemeanor or of any of 44 the misdemeanors or offenses described in paragraph (b) of subdivision 45 three of section three thousand six of this part or of attempt or 46 conspiracy to commit any of such crimes; 47 (b) Who knowingly or willingly advocates the desirability of over- 48 throwing or destroying the government of the United States by force or 49 violence or who shall be a member of a group which advocates such desir- 50 ability knowing the purposes of such group include such advocacy; 51 (c) Whose presence at the piers or other waterfront terminals in the 52 port of New York district is found by the commission on the basis of the 53 facts and evidence before it, to constitute a danger to the public peace 54 or safety. 55 4. Unless the commission shall determine to exclude the applicant from 56 the longshoremen's register on a ground set forth in subdivision threeA. 9644 146 1 of this section it shall include such person in the longshoremen's 2 register. The commission may permit temporary registration of any appli- 3 cant under the provisions of this section pending final action on an 4 application made for such registration. Any such temporary registration 5 shall be valid for a period not in excess of thirty days. 6 5. The commission shall have power to reprimand any longshoreman 7 registered under this section or to remove him from the longshoremen's 8 register for such period of time as it deems in the public interest for 9 any of any following offenses: 10 (a) Conviction of a crime or other cause which would permit disquali- 11 fication of such person from inclusion in the longshoremen's register 12 upon original application; 13 (b) Fraud, deceit or misrepresentation in securing inclusion in the 14 longshoremen's register; 15 (c) Transfer or surrender of possession to any person either temporar- 16 ily or permanently of any card or other means of identification issued 17 by the commission as evidence of inclusion in the longshoremen's regis- 18 ter, without satisfactory explanation; 19 (d) False impersonation of another longshoreman registered under this 20 article or of another person licensed under this compact; 21 (e) Wilful commission of or wilful attempt to commit at or on a water- 22 front terminal or adjacent highway any act of physical injury to any 23 other person or of wilful damage to or misappropriation of any other 24 person's property, unless justified or excused by law; and 25 (f) Any other offense described in subdivisions (c) to (f) inclusive 26 of subdivision seven of section three thousand six of this part. 27 6. The commission shall have the right to recover possession of any 28 card or other means of identification issued as evidence of inclusion in 29 the longshoremen's register in the event that the holder thereof has 30 been removed from the longshoremen's register. 31 7. Nothing contained in this article shall be construed to limit in 32 any way any rights of labor reserved by section three thousand sixteen 33 of this part. 34 § 3010. Regularization of longshoremen's employment. 1. On or after 35 the first day of December, nineteen hundred fifty-four, the commission 36 shall, at regular intervals, remove from the longshoremen's register any 37 person who shall have been registered for at least nine months and who 38 shall have failed during the preceding six calendar months either to 39 have worked as a longshoreman in the port of New York district or to 40 have applied for employment as a longshoreman at an employment informa- 41 tion center established under section three thousand thirteen of this 42 part for such minimum number of days as shall have been established by 43 the commission pursuant to subdivision two of this section. 44 2. On or before the first day of June, nineteen hundred fifty-four and 45 on or before each succeeding first day of June or December, the commis- 46 sion shall, for the purposes of subdivision one of this section, estab- 47 lish for the six-month period beginning on each such date a minimum 48 number of days and the distribution of such days during such period. 49 3. In establishing any such minimum number of days or period, the 50 commission shall observe the following standards: 51 (a) To encourage as far as practicable the regularization of the 52 employment of longshoremen; 53 (b) To bring the number of eligible longshoremen more closely into 54 balance with the demand for longshoremen's services within the port of 55 New York district without reducing the number of eligible longshoremenA. 9644 147 1 below that necessary to meet the requirements of longshoremen in the 2 port of New York district; 3 (c) To eliminate oppressive and evil hiring practices affecting long- 4 shoremen and waterborne commerce in the port of New York district; 5 (d) To eliminate unlawful practices injurious to waterfront labor; 6 and 7 (e) To establish hiring practices and conditions which will permit the 8 termination of governmental regulation and intervention at the earliest 9 opportunity. 10 4. A longshoreman who has been removed from the longshoremen's regis- 11 ter pursuant to this section may seek reinstatement upon fulfilling the 12 same requirements as for initial inclusion in the longshoremen's regis- 13 ter, but not before the expiration of one year from the date of removal, 14 except that immediate reinstatement shall be made upon proper showing 15 that the registrant's failure to work or apply for work the minimum 16 number of days above described was caused by the fact that the regis- 17 trant was engaged in the military service of the United States or was 18 incapacitated by ill health, physical injury, or other good cause. 19 5. Notwithstanding any other provision of this section, the commission 20 shall at any time have the power to register longshoremen on a temporary 21 basis to meet special or emergency needs. 22 § 3011. Port watchmen. 1. On or after the first day of December, nine- 23 teen hundred fifty-three, no person shall act as a port watchman within 24 the port of New York district without first having obtained a license 25 from the commission, and no person shall employ a port watchman who is 26 not so licensed. 27 2. A license to act as a port watchman shall be issued only upon writ- 28 ten application, duly verified, which shall state the following: 29 (a) The full name, residence, business address (if any), place and 30 date of birth and social security number of the applicant; 31 (b) The present and previous occupations of the applicant, including 32 the places where he was employed and the names of his employers; 33 (c) The citizenship of the applicant and, if he is a naturalized citi- 34 zen of the United States, the court and date of his naturalization; and 35 (d) Such further facts and evidence as may be required by the commis- 36 sion to ascertain the character, integrity and identity of the appli- 37 cant. 38 3. No such license shall be granted 39 (a) Unless the commission shall be satisfied that the applicant 40 possesses good character and integrity; 41 (b) If the applicant has, without subsequent pardon, been convicted by 42 a court of the United States or of any state or territory thereof of the 43 commission of, or the attempt or conspiracy to commit, treason, murder, 44 manslaughter or any felony or high misdemeanor or any of the misdemea- 45 nors or offenses described in paragraph (b) of subdivision three of 46 section three thousand six of this part; 47 (c) Unless the applicant shall meet such reasonable standards of phys- 48 ical and mental fitness for the discharge of his duties as may from time 49 to time be established by the commission; 50 (d) If the applicant shall be a member of any labor organization which 51 represents longshoremen or pier superintendents or hiring agents; but 52 nothing in this section shall be deemed to prohibit port watchmen from 53 being represented by a labor organization or organizations which do not 54 also represent longshoremen or pier superintendents or hiring agents. 55 The American Federation of Labor, the Congress of Industrial Organiza- 56 tions and any other similar federation, congress or other organizationA. 9644 148 1 of national or international occupational or industrial labor organiza- 2 tions shall not be considered an organization which represents long- 3 shoremen or pier superintendents or hiring agents within the meaning of 4 this article although one of the federated or constituent labor organ- 5 izations thereof may represent longshoremen or pier superintendents or 6 hiring agents; 7 (e) If the applicant knowingly or wilfully advocates the desirability 8 of overthrowing or destroying the government of the United States by 9 force or violence or shall be a member of a group which advocates such 10 desirability, knowing the purposes of such group include such advocacy. 11 4. When the application shall have been examined and such further 12 inquiry and investigation made as the commission shall deem proper and 13 when the commission shall be satisfied therefrom that the applicant 14 possesses the qualifications and requirements prescribed by this section 15 and regulations issued pursuant thereto, the commission shall issue and 16 deliver a license to the applicant. The commission may issue a tempo- 17 rary permit to any applicant for a license under the provisions of this 18 section pending final action on an application made for such a license. 19 Any such permit shall be valid for a period not in excess of thirty 20 days. 21 5. A license granted pursuant to this section shall continue for a 22 term of three years. A license may be renewed by the commission for 23 successive three-year periods upon fulfilling the same requirements as 24 are set forth in this section for an original application. 25 6. Any license issued pursuant to this section may be revoked or 26 suspended for such period as the commission deems in the public interest 27 or the licensee thereunder may be reprimanded for any of the following 28 offenses: 29 (a) Conviction of a crime or other cause which would permit or require 30 his disqualification from receiving a license upon original application; 31 (b) Fraud, deceit or misrepresentation in securing the license; and 32 (c) Any other offense described in subdivisions (c) through (i), 33 inclusive, of subdivision seven of section three thousand six of this 34 part. 35 § 3012. Hearings, determinations and review. 1. The commission shall 36 not deny any application for a license or registration without giving 37 the applicant or prospective licensee reasonable prior notice and an 38 opportunity to be heard. 39 2. Any application for a license or for inclusion in the 40 longshoremen's register, and any license issued or registration made, 41 may be denied, revoked, cancelled, suspended as the case may be, only in 42 the manner prescribed in this section. 43 3. The commission may on its own initiative or on complaint of any 44 person, including any public official or agency, institute proceedings 45 to revoke, cancel or suspend any license or registration after a hearing 46 at which the licensee or registrant and any person making such complaint 47 shall be given an opportunity to be heard, provided that any order of 48 the commission revoking, cancelling or suspending any license or regis- 49 tration shall not become effective until fifteen days subsequent to the 50 serving of notice thereof upon the licensee or registrant unless in the 51 opinion of the commission the continuance of the license or registration 52 for such period would be inimicable to the public peace or safety. Such 53 hearings shall be held in such manner and upon such notice as may be 54 prescribed by the rules of the commission, but such notice shall be of 55 not less than ten days and shall state the nature of the complaint.A. 9644 149 1 4. Pending the determination of such hearing pursuant to subdivision 2 three of this section the commission may temporarily suspend a license 3 or registration if in the opinion of the commission the continuance of 4 the license or registration for such period is inimicable to the public 5 peace or safety. 6 5. The commission, or such member, officer, employee or agent of the 7 commission as may be designated by the commission for such purpose, 8 shall have the power to issue subpoenas to compel the attendance of 9 witnesses and the giving of testimony or production of other evidence 10 and to administer oaths in connection with any such hearing. It shall be 11 the duty of the commission or of any such member, officer, employee or 12 agent of the commission designated by the commission for such purpose to 13 issue subpoenas at the request of and upon behalf of the licensee, 14 registrant or applicant. The commission or such person conducting the 15 hearing shall not be bound by common law or statutory rules of evidence 16 or by technical or formal rules of procedure in the conduct of such 17 hearing. 18 6. Upon the conclusion of the hearing, the commission shall take such 19 action upon such findings and determination as it deems proper and shall 20 execute an order carrying such findings into effect. The action in the 21 case of an application for a license or registration shall be the grant- 22 ing or denial thereof. The action in the case of a licensee shall be 23 revocation of the license or suspension thereof for a fixed period or 24 reprimand or a dismissal of the charges. The action in the case of a 25 registered longshoreman shall be dismissal of the charges, reprimand or 26 removal from the longshoremen's register for a fixed period or perma- 27 nently. 28 7. The action of the commission in denying any application for a 29 license or in refusing to include any person in the longshoremen's 30 register under this compact or in suspending or revoking such license or 31 removing any person from the longshoremen's register or in reprimanding 32 a licensee or registrant shall be subject to judicial review by a 33 proceeding instituted in either state at the instance of the applicant, 34 licensee or registrant in the manner provided by the law of such state 35 for review of the final decision or action of administrative agencies of 36 such state, provided, however, that notwithstanding any other provision 37 of law the court shall have power to stay for not more than thirty days 38 an order of the commission suspending or revoking a license or removing 39 a longshoreman from the longshoremen's register. 40 § 3013. Employment information centers. 1. The states of New York and 41 New Jersey hereby find and declare that the method of employment of 42 longshoremen and port watchmen in the port of New York district, common- 43 ly known as the "shape-up", has resulted in vicious and notorious 44 abuses, of which such employees have been the principal victims. There 45 is compelling evidence that the "shape-up" has permitted and encouraged 46 extortion from employees as the price of securing or retaining employ- 47 ment and has subjected such employees to threats of violence, unwilling 48 joinder in unauthorized labor disturbances and criminal activities on 49 the waterfront. The "shape-up" has thus resulted in a loss of fundamen- 50 tal rights and liberties of labor, has impaired the economic stability 51 of the port of New York district and weakened law enforcement therein. 52 It is the sense of the legislatures of the states of New York and New 53 Jersey that these practices and conditions must be eliminated to prevent 54 grave injury to the welfare of waterfront laborers and of the people at 55 large and that the elimination of the "shape-up" and the establishmentA. 9644 150 1 of a system of employment information centers are necessary to a 2 solution of these public problems. 3 2. The commission shall establish and maintain one or more employment 4 information centers in each state within the port of New York district 5 at such locations as it may determine. No person shall, directly or 6 indirectly, hire any person for work as a longshoreman or port watchman 7 within the port of New York district, except through such particular 8 employment information center or centers as may be prescribed by the 9 commission. No person shall accept any employment as a longshoreman or 10 port watchman within the port of New York district, except through such 11 an employment information center. At each such employment information 12 center the commission shall keep and exhibit the longshoremen's register 13 and any other records it shall determine to the end that longshoremen 14 and port watchmen shall have the maximum information as to available 15 employment as such at any time within the port of New York district and 16 to the end that employers shall have an adequate opportunity to fill 17 their requirements of registered longshoremen and port watchmen at all 18 times. 19 3. Every employer of longshoremen or port watchmen within the port of 20 New York district shall furnish such information as may be required by 21 the rules and regulations prescribed by the commission with regard to 22 the name of each person hired as a longshoreman or port watchman, the 23 time and place of hiring, the time, place and hours of work, and the 24 compensation therefor. 25 4. All wage payments to longshoremen or port watchmen for work as such 26 shall be made by check or cash evidenced by a written voucher receipted 27 by the person to whom such cash is paid. The commission may arrange for 28 the provision of facilities for cashing such checks. 29 § 3014. Expenses of administration. 1. By concurrent legislation 30 enacted by their respective legislatures, the two states may provide 31 from time to time for meeting the commission's expenses. Until other 32 provision shall be made, such expense shall be met as authorized in this 33 section. 34 2. The commission shall annually adopt a budget of its expenses for 35 each year. Each budget shall be submitted to the governors of the two 36 states and shall take effect as submitted provided that either governor 37 may within thirty days disapprove or reduce any item or items, and the 38 budget shall be adjusted accordingly. 39 3. After taking into account such funds as may be available to it from 40 reserves, federal grants or otherwise, the balance of the commission's 41 budgeted expenses shall be assessed upon employers of persons registered 42 or licensed under this compact. Each such employer shall pay to the 43 commission as assessment computed upon the gross payroll payments made 44 by such employer to longshoremen, pier superintendents, hiring agents 45 and port watchmen for work or labor performed within the port of New 46 York district, at a rate, not in excess of two per cent, computed by the 47 commission in the following manner; the commission shall annually esti- 48 mate the gross payroll payments to be made by employers subject to 49 assessment and shall compute a rate thereon which will yield revenues 50 sufficient to finance the commission's budget for each year. Such budg- 51 et may include a reasonable amount for a reserve but such amount shall 52 not exceed ten per cent of the total of all other items of expenditure 53 contained therein. Such reserve shall be used for the stabilization of 54 annual assessments, the payment of operating deficits and for the repay- 55 ment of advances made by the two states.A. 9644 151 1 4. The amount required to balance the commission's budget, in excess 2 of the estimated yield of the maximum assessment, shall be certified by 3 the commission, with the approval of the respective governors, to the 4 legislatures of the two states, in proportion to the gross annual wage 5 payments made to longshoremen for work in each state within the port of 6 New York district. The legislatures shall annually appropriate to the 7 commission the amount so certified. 8 5. The commission may provide by regulation for the collection and 9 auditing of assessments. Such assessments hereunder shall be payable 10 pursuant to such provisions for administration, collection and enforce- 11 ment as the states may provide by concurrent legislation. In addition 12 to any other sanction provided by law, the commission may revoke or 13 suspend any license held by any person under this compact, or his privi- 14 lege of employing persons registered or licensed hereunder, for non-pay- 15 ment of any assessment when due. 16 6. The assessment hereunder shall be in lieu of any other charge for 17 the issuance of licenses to stevedores, pier superintendents, hiring 18 agents and pier watchmen or for the registration of longshoremen or the 19 use of an employment information center. The commission shall establish 20 reasonable procedures for the consideration of protests by affected 21 employers concerning the estimates and computation of the rate of 22 assessment. 23 § 3015. General violations; prosecutions; penalties. 1. The failure 24 of any witness, when duly subpoenaed to attend, give testimony or 25 produce other evidence, whether or not at a hearing, shall be punishable 26 by the superior court in New Jersey and the supreme court in New York in 27 the same manner as said failure is punishable by such court in a case 28 therein pending. 29 2. Any person who, having been sworn or affirmed as a witness in any 30 such hearing, shall wilfully give false testimony or who shall wilfully 31 make or file any false or fraudulent report or statement required by 32 this compact to be made or filed under oath, shall be guilty of a misde- 33 meanor, punishable by a fine of not more than one thousand dollars or 34 imprisonment for not more than one year or both. 35 3. Any person who violates or attempts or conspires to violate any 36 other provision of this compact shall be punishable as may be provided 37 by the two states by action of the legislature of either state concurred 38 in by the legislature of the other. 39 4. Any person who interferes with or impedes the orderly registration 40 of longshoremen pursuant to this compact or who conspires to or attempts 41 to interfere with or impede such registration shall be punishable as may 42 be provided by the two states by action of the legislature of either 43 state concurred in by the legislature of the other. 44 5. Any person who directly or indirectly inflicts or threatens to 45 inflict any injury, damage, harm or loss or in any other manner prac- 46 tices intimidation upon or against any person in order to induce or 47 compel such person or any other person to refrain from registering 48 pursuant to this compact shall be punishable as may be provided by the 49 two states by action of the legislature of either state concurred in by 50 the legislature of the other. 51 6. In any prosecution under this compact, it shall be sufficient to 52 prove only a single act (or a single holding out or attempt) prohibited 53 by law, without having to prove a general course of conduct, in order to 54 prove a violation. 55 § 3016. Collective bargaining safeguarded. 1. This compact is not 56 designed and shall not be construed to limit in any way any rightsA. 9644 152 1 granted or derived from any other statute or any rule of law for employ- 2 ees to organize in labor organizations, to bargain collectively and to 3 act in any other way individually, collectively, and through labor 4 organizations or other representatives of their own choosing. Without 5 limiting the generality of the foregoing, nothing contained in this 6 compact shall be construed to limit in any way the right of employees to 7 strike. 8 2. This compact is not designed and shall not be construed to limit in 9 any way any rights of longshoremen, hiring agents, pier superintendents 10 or port watchmen or their employers to bargain collectively and agree 11 upon any method for the selection of such employees by way of seniority, 12 experience, regular gangs or otherwise, provided that such employees 13 shall be licensed or registered hereunder and such longshoremen and port 14 watchmen shall be hired only through the employment information centers 15 established hereunder and that all other provisions of this compact be 16 observed. 17 § 3017. Amendments; construction; short title. 1. Amendments and 18 supplements to this compact to implement the purposes thereof may be 19 adopted by the action of the legislature of either state concurred in by 20 the legislature of the other. 21 2. If any part or provision of this compact or the application thereof 22 to any person or circumstances be adjudged invalid by any court of 23 competent jurisdiction, such judgment shall be confined in its operation 24 to the part, provision or application directly involved in the contro- 25 versy in which such judgment shall have been rendered and shall not 26 affect or impair the validity of the remainder of this compact or the 27 application thereof to other persons or circumstances and the two states 28 hereby declare that they would have entered into this compact or the 29 remainder thereof had the invalidity of such provision or application 30 thereof been apparent. 31 3. In accordance with the ordinary rules for construction of inter- 32 state compacts this compact shall be liberally construed to eliminate 33 the evils described therein and to effectuate the purposes thereof. 34 PART II 35 WATERFRONT COMMISSION COMPACT 36 3101. Waterfront commission compact. 37 3102. Expenses of administration. 38 3103. Reimbursement. 39 3104. Penalties. 40 3105. Federal funds. 41 3106. Supplementary definitions. 42 3107. Additional powers of the commission. 43 3108. Regularization of longshoremen's employment. 44 3109. Additional violations. 45 3110. Hearings. 46 3111. Denial of applications. 47 3112. Revocation of licenses and registrations. 48 3113. Removal of port watchmen's ineligibility. 49 3114. Petition for order to remove an ineligibility. 50 3115. Denial of stevedore applications. 51 3116. Checkers. 52 3117. Supplementary violations.A. 9644 153 1 3118. Suspension or acceptance of applications for inclusion in 2 longshoremen's register; exceptions. 3 3119. Temporary suspension of permits, licenses and registra- 4 tions. 5 3120. Continuance of port watchmen's licenses. 6 3121. Regularization of port watchmen's employment. 7 3122. Duration of stevedore's license. 8 3123. Implementation of telecommunications hiring system for 9 longshoremen and checkers and registration of telecommu- 10 nications system controller. 11 § 3101. Waterfront commission compact. This compact shall be known 12 and may be cited as the "Waterfront Commission Compact." 13 § 3102. Expenses of administration. 1. Every person subject to the 14 payment of any assessment under the provisions of subdivision three of 15 section three thousand fourteen of this article shall file on or before 16 the fifteenth day of the first month of each calendar quarter-year a 17 separate return, together with the payment of the assessment due, for 18 the preceding calendar quarter-year during which any payroll payments 19 were made to longshoremen, pier superintendents, hiring agents or port 20 watchmen for work performed as such within the district. Returns cover- 21 ing the amount of assessment payable shall be filed with the commission 22 on forms to be furnished for such purpose and shall contain such data, 23 information or matter as the commission may require to be included ther- 24 ein. The commission may grant a reasonable extension of time for filing 25 returns, or for the payment of assessment, whenever good cause exists. 26 Every return shall have annexed thereto a certification to the effect 27 that the statements contained therein are true. 28 2. Every person subject to the payment of assessment hereunder shall 29 keep an accurate record of his employment of longshoremen, pier super- 30 intendents, hiring agents or port watchmen, which shall show the amount 31 of compensation paid and such other information as the commission may 32 require. Such records shall be preserved for a period of three years 33 and be open for inspection at reasonable times. The commission may 34 consent to the destruction of any such records at any time after said 35 period or may require that they be kept longer, but not in excess of six 36 years. 37 3. (a) The commission shall audit and determine the amount of assess- 38 ment due from the return filed and such other information as is avail- 39 able to it. Whenever a deficiency in payment of the assessment is 40 determined the commission shall give notice of any such determination to 41 the person liable therefor. Such determination shall finally and 42 conclusively fix the amount due, unless the person against whom it is 43 assessed shall, within thirty days after the giving of notice of such 44 determination, apply in writing to the commission for a hearing, or 45 unless the commission on its own motion shall reduce the same. After 46 such hearing, the commission shall give notice of its decision to the 47 person liable therefor. A determination of the commission under this 48 section shall be subject to judicial review, if application for such 49 review is made within thirty days after the giving of notice of such 50 decision. Any determination under this section shall be made within 51 five years from the time the return was filed and if no return was filed 52 such determination may be made at any time. 53 (b) Any notice authorized or required under this section may be given 54 by mailing the same to the person for whom it is intended at the last 55 address given by him to the commission, or in the last return filed by 56 him with the commission under this section, or, if no return has beenA. 9644 154 1 filed then to such address as may be obtainable. The mailing of such 2 notice shall be presumptive evidence of the receipt of same by the 3 person to whom addressed. Any period of time, which is determined 4 according to the provision of this section, for the giving of notice 5 shall commence to run from the date of mailing of such notice. 6 4. Whenever any person shall fail to pay, within the time limited 7 herein, any assessment which he is required to pay to the commission 8 under the provisions of this section the commission may enforce payment 9 of such fee by civil action for the amount of such assessment with 10 interest and penalties. 11 5. The employment by a nonresident of a longshoreman, or a licensed 12 pier superintendent, hiring agent or port watchman in either state or 13 the designation by a nonresident of a longshoreman, pier superintendent, 14 hiring agent or port watchman to perform work in such state shall be 15 deemed equivalent to an appointment by such nonresident of the secretary 16 of state of such state to be his true and lawful attorney upon whom may 17 be served the process in any action or proceeding against him growing 18 out of any liability for assessments, penalties or interest, and a 19 consent that any such process against him which is so served shall be of 20 the same legal force and validity as if served on him personally within 21 such state and within the territorial jurisdiction of the court from 22 which the process issues. Service of process within either state shall 23 be made by either (1) personally delivering to and leaving with the 24 secretary of state or a deputy secretary of state of such state dupli- 25 cate copies thereof at the office of the department of state in the 26 capitol city of such state, in which event such secretary of state shall 27 forthwith send by registered mail one of such copies to the person at 28 the last address designated by him to the commission for any purpose 29 under this section or in the last return filed by him under this section 30 with the commission or as shown on the records of the commission, or if 31 no return has been filed, at his last known office address within or 32 without such state, or (2) personally delivering to and leaving with the 33 secretary of state or a deputy secretary of state of such state a copy 34 thereof at the office of the department of state in the capitol city of 35 such state and by delivering a copy thereof to the person, personally 36 without such state. Proof of such personal service without such state 37 shall be filed with the clerk of the court in which the process is pend- 38 ing within thirty days after such service and such service shall be 39 complete ten days after proof thereof is filed. 40 6. Whenever the commission shall determine that any moneys received as 41 assessments were paid in error, it may cause the same to be refunded, 42 provided an application therefor is filed with the commission within two 43 years from the time the erroneous payment was made. 44 7. In addition to any other powers authorized hereunder, the commis- 45 sion shall have power to make reasonable rules and regulations to effec- 46 tuate the purposes of this section. 47 8. When any person shall wilfully fail to pay any assessment due here- 48 under he shall be assessed interest at a rate of one per cent per month 49 on the amount due and unpaid and penalties of five per cent of the 50 amount due for each thirty days or part thereof that the assessment 51 remains unpaid. The commission, may, for good cause shown, abate all or 52 part of such penalty. 53 9. Any person who shall wilfully furnish false or fraudulent informa- 54 tion or shall wilfully fail to furnish pertinent information, as 55 required, with respect to the amount of assessment due, shall be guiltyA. 9644 155 1 of a misdemeanor, punishable by a fine of not more than one thousand 2 dollars, or imprisonment for not more than one year, or both. 3 10. All funds of the commission shall be deposited with such responsi- 4 ble banks or trust companies as may be designated by the commission. 5 The commission may require that all such deposits be secured by obli- 6 gations of the United States or of the states of New York or New Jersey 7 of a market value equal at all times to the amount of the deposits, and 8 all banks and trust companies are authorized to give such security for 9 such deposits. The moneys so deposited shall be withdrawn only by check 10 signed by both members of the commission or by such other officers or 11 employees of the commission as it may from time to time designate. 12 11. The accounts, books and records of the commission, including its 13 receipts, disbursements, contracts, leases, investments and any other 14 matters relating to its financial standing shall be examined and audited 15 annually by independent auditors to be retained for such purpose by the 16 commission. 17 § 3103. Reimbursement. The commission shall reimburse each state for 18 any funds advanced to the commission exclusive of sums appropriated 19 pursuant to subdivision four of section three thousand fourteen of this 20 article. 21 § 3104. Penalties. Any person who shall violate any of the provisions 22 of the compact or of section thirty-one hundred two of this part for 23 which no other penalty is prescribed shall be guilty of a misdemeanor, 24 punishable by a fine of not more than five hundred dollars or by impri- 25 sonment for not more than one year, or both. 26 § 3105. Federal funds. 1. The waterfront commission of New York 27 harbor is hereby designated on its own behalf or as agent of the state 28 of New York and the state of New Jersey, as provided by the act of the 29 congress of the United States, effective June sixth, nineteen hundred 30 thirty-three, entitled "An act to provide for the establishment of a 31 national employment system and for cooperating with the states in the 32 promotion of such system and for other purposes" as amended, for the 33 purpose of obtaining such benefits of such act of congress as are neces- 34 sary or appropriate to the establishment and operation of employment 35 information centers authorized by section three thousand thirteen of 36 this article. 37 2. The commission shall have all powers necessary to cooperate with 38 appropriate officers or agencies of either state or the United States, 39 to take such steps, to formulate such plans, and to execute such 40 projects (including but not limited to the establishment and operation 41 of employment information centers) as may be necessary to obtain such 42 benefits for the operations of the commission in accomplishing the 43 purposes of this article. 44 3. The officer or agency heretofore designated by each of the two 45 states pursuant to said act of June sixth, nineteen hundred thirty- 46 three, as amended, is authorized and empowered, upon the request of the 47 commission and subject to its direction, to exercise the powers and 48 duties conferred upon the commission by the provisions of this section. 49 § 3106. Supplementary definitions. As used in the compact established 50 by part I of this article: 51 1. "Stevedore" shall also include (a) contractors engaged for compen- 52 sation pursuant to a contract or arrangement with the United States, any 53 state or territory thereof, or any department, division, board, commis- 54 sion or authority of one or more of the foregoing, in moving freight 55 carried or consigned for carriage between any point in the port of New 56 York district and a point outside said district on vessels of such aA. 9644 156 1 public agency berthed at piers, on piers at which such vessels are 2 berthed or at other waterfront terminals, or 3 (b) contractors (not including employees) engaged for compensation 4 pursuant to a contract or arrangement with any person to perform labor 5 or services incidental to the movement of waterborne freight on vessels 6 berthed at piers, on piers or at other waterfront terminals, including, 7 but not limited to, cargo storage, cargo repairing, coopering, general 8 maintenance, mechanical and miscellaneous work, horse and cattle 9 fitting, grain ceiling, and marine carpentry, or 10 (c) contractors (not including employees) engaged for compensation 11 pursuant to a contract or arrangement with any other person to perform 12 labor or services involving, or incidental to, the movement of freight 13 into or out of containers (which have been or which will be carried by a 14 carrier of freight by water) on vessels berthed at piers, on piers or at 15 other waterfront terminals. 16 2. "Waterborne freight" shall also include freight described in para- 17 graphs (a) and (c) of subdivision one of this section and in subdivision 18 ten of this section and ships' stores, baggage and mail carried by or 19 consigned for carriage by carriers of freight by water. 20 3. "Court of the United States" shall mean all courts enumerated in 21 section four hundred fifty-one of title twenty-eight of the United 22 States code and the courts-martial of the armed forces of the United 23 States. 24 4. "Witness" shall mean any person whose testimony is desired in any 25 investigation, interview or other proceeding conducted by the commission 26 pursuant to the provisions of this article. 27 5. "Checker" shall mean a longshoreman who is employed to engage in 28 direct and immediate checking of waterborne freight or of the custodial 29 accounting therefor or in the recording or tabulation of the hours 30 worked at piers or other waterfront terminals by natural persons 31 employed by carriers of freight by water or stevedores. 32 6. "Longshoreman" shall also include a natural person, other than a 33 hiring agent, who is employed for work at a pier or other waterfront 34 terminal: 35 (a) either by a carrier of freight by water or by a stevedore phys- 36 ically to perform labor or services incidental to the movement of water- 37 borne freight on vessels berthed at piers, on piers or at other water- 38 front terminals, including, but not limited to, cargo repairmen, 39 coopers, general maintenance men, mechanical and miscellaneous workers, 40 horse and cattle fitters, grain ceilers and marine carpenters, or 41 (b) by any person physically to move waterborne freight to or from a 42 barge, lighter or railroad car for transfer to or from a vessel of a 43 carrier of freight by water which is, shall be, or shall have been 44 berthed at the same pier or other waterfront terminal, or 45 (c) by any person to perform labor or services involving, or inci- 46 dental to, the movement of freight at a waterfront terminal as defined 47 in subdivision ten of this section. 48 7. "Compact" shall also include any amendments or supplements to the 49 waterfront commission compact to implement the purposes thereof adopted 50 by the action of the legislature of either the state of New York or the 51 state of New Jersey concurred in by the legislature of the other and as 52 established by part I of this article. 53 8. The term "select any longshoreman for employment" in the definition 54 of a hiring agent in this act shall include selection of a person for 55 the commencement or continuation of employment as a longshoreman, or the 56 denial or termination of employment as a longshoreman.A. 9644 157 1 9. "Hiring agent" shall also include any natural person, who on behalf 2 of any other person shall select any longshoreman for employment. 3 10. "Other waterfront terminal" shall also include any warehouse, 4 depot or other terminal (other than a pier), whether enclosed or open, 5 which is located in a marine terminal in the port of New York district 6 and any part of which is used by any person to perform labor or services 7 involving, or incidental to, the movement of waterborne freight or 8 freight. 9 As used in this section, "marine terminal" means an area which 10 includes piers, which is used primarily for the moving, warehousing, 11 distributing or packing of waterborne freight or freight to or from such 12 piers, and which, inclusive of such piers, is under common ownership or 13 control; "freight" means freight which has been, or will be, carried by 14 or consigned for carriage by a carrier of freight by water; and 15 "container" means any receptacle, box, carton or crate which is specif- 16 ically designed and constructed so that it may be repeatedly used for 17 the carriage of freight by a carrier of freight by water. 18 Whenever, as a result of legislative amendments to this article or of 19 a ruling by the commission, registration as a longshoreman is required 20 for any person to continue in his employment, such person shall be 21 registered as a longshoreman without regard to the provisions of section 22 thirty-one hundred eighteen of this part, provided, however, that such 23 person satisfies all the other requirements of this article for regis- 24 tration as a longshoreman. 25 § 3107. Additional powers of the commission. In addition to the 26 powers and duties elsewhere described in this part, the commission shall 27 have the following powers: 28 1. To issue temporary permits and permit temporary registrations under 29 such terms and conditions as the commission may prescribe which shall be 30 valid for a period to be fixed by the commission not in excess of six 31 months. 32 2. To require any applicant for a license or registration or any 33 prospective licensee to furnish such facts and evidence as the commis- 34 sion may deem appropriate to enable it to ascertain whether the license 35 or registration should be granted. 36 3. In any case in which the commission has the power to revoke, cancel 37 or suspend any stevedore license the commission shall also have the 38 power to impose as an alternative to such revocation, cancellation or 39 suspension, a penalty, which the licensee may elect to pay to the 40 commission in lieu of the revocation, cancellation or suspension. The 41 maximum penalty shall be five thousand dollars for each separate 42 offense. The commission may, for good cause shown, abate all or part of 43 such penalty. 44 4. To designate any officer, agent or employee of the commission to be 45 an investigator who shall be vested with all the powers of a peace or 46 police officer of the state of New York in that state, and of the state 47 of New Jersey in that state. 48 5. To confer immunity, in the following manner: In any investigation, 49 interview or other proceeding conducted under oath by the commission or 50 any duly authorized officer, employee or agent thereof, if a person 51 refuses to answer a question or produce evidence of any other kind on 52 the ground that he may be incriminated thereby, and, notwithstanding 53 such refusal, an order is made upon twenty-four hours prior written 54 notice to the appropriate attorney general of the state of New York or 55 the state of New Jersey, and to the appropriate district attorney or 56 prosecutor having an official interest therein, by the unanimous vote ofA. 9644 158 1 both members of the commission or their designees appointed pursuant to 2 the provisions of subdivision three of section three thousand four of 3 this article, that such person answer the question or produce the 4 evidence, such person shall comply with the order. If such person 5 complies with the order, and if, but for this subdivision, he would have 6 been privileged to withhold the answer given or the evidence produced by 7 him, then immunity shall be conferred upon him, as provided for herein. 8 "Immunity" as used in this subdivision means that such person shall 9 not be prosecuted or subjected to any penalty or forfeiture for or on 10 account of any transaction, matter or thing concerning which, in accord- 11 ance with the order by the unanimous vote of both members of the commis- 12 sion or their designees appointed pursuant to the provisions of subdivi- 13 sion three of section three thousand four of this article, he gave 14 answer or produced evidence, and that no such answer given or evidence 15 produced shall be received against him upon any criminal proceeding. 16 But he may nevertheless be prosecuted or subjected to penalty or forfei- 17 ture for any perjury or contempt committed in answering, or failing to 18 answer, or in producing or failing to produce evidence, in accordance 19 with the order, and any such answer given or evidence produced shall be 20 admissible against him upon any criminal proceeding concerning such 21 perjury or contempt. 22 Immunity shall not be conferred upon any person except in accordance 23 with the provisions of this subdivision. If, after compliance with the 24 provisions of this subdivision, a person is ordered to answer a question 25 or produce evidence of any other kind and complies with such order, and 26 it is thereafter determined that the appropriate attorney general or 27 district attorney or prosecutor having an official interest therein was 28 not notified, such failure or neglect shall not deprive such person of 29 any immunity otherwise properly conferred upon him. 30 6. To require any applicant for registration as a longshoreman, any 31 applicant for registration as a checker or any applicant for registra- 32 tion as a telecommunications system controller and any person who is 33 sponsored for a license as a pier superintendent or hiring agent, any 34 person who is an individual owner of an applicant stevedore or any 35 persons who are individual partners of an applicant stevedore, or any 36 officers, directors or stockholders owning five percent or more of any 37 of the stock of an applicant corporate stevedore or any applicant for a 38 license as a port watchman or any other category of applicant for regis- 39 tration or licensing by law within the commission's jurisdiction to be 40 fingerprinted by the commission. 41 7. To require any applicant for registration as a longshoreman, any 42 applicant for registration as a checker or any applicant for registra- 43 tion as a telecommunications system controller and any person who is 44 sponsored for a license as a pier superintendent or hiring agent, any 45 person who is an individual owner of an applicant stevedore or any 46 persons who are individual partners of an applicant stevedore, or any 47 officers, directors or stockholders owning five percent or more of any 48 of the stock of an applicant corporate stevedore or any applicant for a 49 license as a port watchman or any other category of applicant for regis- 50 tration or licensing by law within the commission's jurisdiction who 51 has: previously applied and had an application denied upon submission; 52 been removed from registration; or, had a license suspended, or revoked 53 and is reapplying for registration or licensing within the commission's 54 jurisdiction to be fingerprinted by the commission. 55 8. To exchange fingerprint data with and receive state criminal histo- 56 ry record information from the division of criminal justice services, asA. 9644 159 1 defined in subdivision one of section three thousand thirty-five of the 2 education law, and federal criminal history record information from the 3 federal bureau of investigation for use in making the determinations 4 required by this part. 5 9. Notwithstanding any other provision of law to the contrary, to 6 require any applicant for employment by the commission or person 7 described in subdivision seven of this section to be fingerprinted and 8 to exchange fingerprint data with and receive state criminal history 9 record information from the division of criminal justice services, as 10 defined in subdivision one of section three thousand thirty-five of the 11 education law, and federal criminal history information from the federal 12 bureau of investigation for the purposes of this subdivision and subdi- 13 visions six, seven and eight of this section. 14 § 3108. Regularization of longshoremen's employment. 1. Notwithstand- 15 ing any other provisions of section three thousand ten of this article, 16 the commission shall have the power to remove from the longshoremen's 17 register any person (including those persons registered as longshoremen 18 for less than nine months) who shall have failed to have worked as a 19 longshoreman in the port of New York district for such minimum number of 20 days during a period of time as shall have been established by the 21 commission. In administering this section, the commission, in its 22 discretion, may count applications for employment as a longshoreman at 23 an employment information center established under section three thou- 24 sand thirteen of this article as constituting actual work as a long- 25 shoreman, provided, however, that the commission shall count as actual 26 work the compensation received by any longshoreman pursuant to the guar- 27 anteed wage provisions of any collective bargaining agreement relating 28 to longshoremen. Prior to the commencement of any period of time estab- 29 lished by the commission pursuant to this section, the commission shall 30 establish for such period the minimum number of days of work required 31 and the distribution of such days during such period and shall also 32 determine whether or not application for employment as a longshoreman 33 shall be counted as constituting actual work as a longshoreman. The 34 commission may classify longshoremen according to length of service as a 35 longshoreman and such other criteria as may be reasonable and necessary 36 to carry out the provisions of this part. The commission shall have the 37 power to vary the requirements of this section with respect to their 38 application to the various classifications of longshoremen. In adminis- 39 tering this section, the commission shall observe the standards set 40 forth in section thirty-one hundred eighteen of this part. Nothing in 41 this section shall be construed to modify, limit or restrict in any way 42 any of the rights protected by article XV of the compact established by 43 part I of this article. 44 § 3109. Additional violations. Any person who, having been duly sworn 45 or affirmed as a witness in any investigation, interview or other 46 proceeding conducted by the commission pursuant to the provisions of 47 this part, shall wilfully give false testimony shall be guilty of a 48 misdemeanor punishable by a fine of not more than one thousand dollars 49 or imprisonment for not more than one year or both. 50 § 3110. Hearings. 1. At hearings conducted by the commission pursuant 51 to section three thousand twelve of this article, applicants, prospec- 52 tive licensees, licensees and registrants shall have the right to be 53 accompanied and represented by counsel. 54 2. After the conclusion of a hearing but prior to the making of an 55 order by the commission, a hearing may, upon petition and in the 56 discretion of the hearing officer, be reopened for the presentation ofA. 9644 160 1 additional evidence. Such petition to reopen the hearing shall state in 2 detail the nature of the additional evidence, together with the reasons 3 for the failure to submit such evidence prior to the conclusion of the 4 hearing. The commission may upon its own motion and upon reasonable 5 notice reopen a hearing for the presentation of additional evidence. 6 Upon petition, after the making of an order of the commission, rehear- 7 ing may be granted in the discretion of the commission. Such a petition 8 for rehearing shall state in detail the grounds upon which the petition 9 is based and shall separately set forth each error of law and fact 10 alleged to have been made by the commission in its determination, 11 together with the facts and arguments in support thereof. Such petition 12 shall be filed with the commission not later than thirty days after 13 service of such order, unless the commission for good cause shown shall 14 otherwise direct. 15 The commission may upon its own motion grant a rehearing after the 16 making of an order. 17 § 3111. Denial of applications. In addition to the grounds elsewhere 18 set forth in this article, the commission may deny an application for a 19 license or registration for any of the following: 20 1. Conviction by a court of the United States or any state or territo- 21 ry thereof of coercion; 22 2. Conviction by any such court, after having been previously 23 convicted by any such court of any crime or of the offenses hereinafter 24 set forth, of a misdemeanor or any of the following offenses: assault, 25 malicious injury to property, malicious mischief, unlawful taking of a 26 motor vehicle, corruption of employees or possession of lottery or 27 number slips; or 28 3. Fraud, deceit or misrepresentation in connection with any applica- 29 tion or petition submitted to, or any interview, hearing or proceeding 30 conducted by the commission. 31 4. Violation of any provision of this part or commission of any 32 offense thereunder. 33 5. Refusal on the part of any applicant, or prospective licensee, or 34 of any member, officer or stockholder required by subdivision two of 35 section three thousand seven of this article to sign or be identified in 36 an application for a stevedore license, to answer any material question 37 or produce any material evidence in connection with his application or 38 any application made on his behalf for a license or registration pursu- 39 ant to this part. 40 6. Association with a person who has been identified by a federal, 41 state, or local law enforcement agency as a member or associate of an 42 organized crime group, a terrorist group, or a career offender cartel, 43 or who is a career offender, under circumstances where such association 44 creates a reasonable belief that the participation of the applicant in 45 any activity required to be licensed under this article would be inimi- 46 cal to the policies of this article. For the purpose of this section, 47 (a) a terrorist group shall mean a group associated, affiliated or fund- 48 ed in whole or in part by a terrorist organization designated by the 49 secretary of state in accordance with section 219 of the immigration and 50 nationality act, as amended from time to time, or any other organization 51 which assists, funds or engages in acts of terrorism as defined in the 52 laws of the United States, or of either of the states of New York (such 53 as subdivision one of section 490.05 of the penal law) or New Jersey; 54 and (b) a career offender shall mean a person whose behavior is pursued 55 in an occupational manner or context for the purpose of economic gain 56 utilizing such methods as are deemed criminal violations against theA. 9644 161 1 public policy of the states of New York and New Jersey, and a career 2 offender cartel shall mean a number of career offenders acting in 3 concert, and may include what is commonly referred to as an organized 4 crime group. 5 7. Conviction of a racketeering activity or knowing association with a 6 person who has been convicted of a racketeering activity by a court of 7 the United States or any state or territory thereof under circumstances 8 where such association creates a reasonable belief that the partic- 9 ipation of the applicant in any activity required to be licensed under 10 this part would be inimical to the policies of this part. 11 § 3112. Revocation of licenses and registrations. In addition to the 12 grounds elsewhere set forth in this part, any license or registration 13 issued or made pursuant thereto may be revoked or suspended for such 14 period as the commission deems in the public interest or the licensee or 15 registrant may be reprimanded, for: 16 1. Conviction of any crime or offense in relation to gambling, book- 17 making, pool selling, lotteries or similar crimes or offenses if the 18 crime or offense was committed at or on a pier or other waterfront 19 terminal or within five hundred feet thereof; or 20 2. Wilful commission of, or wilful attempt to commit at or on a water- 21 front terminal or adjacent highway, any act of physical injury to any 22 other person or of wilful damage to or misappropriation of any other 23 person's property, unless justified or excused by law; or 24 3. Receipt or solicitation of anything of value from any person other 25 than a licensee's or registrant's employer as consideration for the 26 selection or retention for employment of such licensee or registrant; or 27 4. Coercion of a licensee or registrant by threat of discrimination or 28 violence or economic reprisal, to make purchases from or to utilize the 29 services of any person; or 30 5. Refusal to answer any material question or produce any evidence 31 lawfully required to be answered or produced at any investigation, 32 interview or other proceeding conducted by the commission pursuant to 33 the provisions of this article, or, if such refusal is accompanied by a 34 valid plea of privilege against self-incrimination, refusal to obey an 35 order to answer such question or produce such evidence made by the 36 commission pursuant to the provisions of subdivision five of section 37 thirty-one hundred seven of this part. 38 6. Association with a person who has been identified by a federal, 39 state, or local law enforcement agency as a member or associate of an 40 organized crime group, a terrorist group, or a career offender cartel, 41 or who is a career offender, under circumstances where such association 42 creates a reasonable belief that the participation of the applicant in 43 any activity required to be licensed under this part would be inimical 44 to the policies of this part. For the purpose of this section, (a) a 45 terrorist group shall mean a group associated, affiliated or funded in 46 whole or in part by a terrorist organization designated by the secretary 47 of state in accordance with section 219 of the immigration and national- 48 ity act, as amended from time to time, or any other organization which 49 assists, funds or engages in acts of terrorism as defined in the laws of 50 the United States, or of either of the states of New York (such as 51 subdivision one of section 490.05 of the penal law) or New Jersey; and 52 (b) a career offender shall mean a person whose behavior is pursued in 53 an occupational manner or context for the purpose of economic gain 54 utilizing such methods as are deemed criminal violations against the 55 public policy of the states of New York and New Jersey, and a career 56 offender cartel shall mean a number of career offenders acting inA. 9644 162 1 concert, and may include what is commonly referred to as an organized 2 crime group. 3 7. Conviction of a racketeering activity or knowing association with a 4 person who has been convicted of a racketeering activity by a court of 5 the United States or any state or territory thereof under circumstances 6 where such association creates a reasonable belief that the partic- 7 ipation of the applicant in any activity required to be licensed under 8 this article would be inimical to the policies of this article. 9 § 3113. Removal of port watchmen's ineligibility. Any port watchman 10 ineligible for a license by reason of the provisions of paragraph (b) of 11 subdivision three of section three thousand eleven of this article may 12 petition for and the commission may issue an order removing the ineligi- 13 bility in the manner provided in paragraph (b) of subdivision three of 14 section three thousand six of this article. 15 § 3114. Petition for order to remove an ineligibility. A petition for 16 an order to remove an ineligibility under paragraph (b) of subdivision 17 three of section three thousand six, paragraph (e) of subdivision three 18 of section three thousand seven, paragraph (b) of subdivision three of 19 section three thousand six of this article, or paragraph (b) of subdivi- 20 sion three of section thirty-one hundred sixteen of this part may be 21 made to the commission before or after the hearing required by section 22 three thousand twelve of this article. 23 § 3115. Denial of stevedore applications. In addition to the grounds 24 elsewhere set forth in this part the commission shall not grant an 25 application for a license as stevedore if on or after July first, nine- 26 teen hundred fifty-six, the applicant has paid, given, caused to have 27 been paid or given or offered to pay or give to any agent of any carrier 28 of freight by water any valuable consideration for an improper or unlaw- 29 ful purpose or, without the knowledge and consent of such carrier, to 30 induce such agent to procure the employment of the applicant by such 31 carrier or its agent for the performance of stevedoring services. 32 § 3116. Checkers. 1. The commission shall establish within the 33 longshoremen's register a list of all qualified longshoremen eligible, 34 as hereinafter provided, for employment as checkers in the port of New 35 York district. No person shall act as a checker within the port of New 36 York district unless at the time he is included in the longshoremen's 37 register as a checker, and no person shall employ another to work as a 38 checker within the port of New York district unless at the time such 39 other person is included in the longshoremen's register as a checker. 40 2. Any person applying for inclusion in the longshoremen's register as 41 a checker shall file at any such place and in such manner as the commis- 42 sion shall designate a written statement, signed and verified by such 43 person, setting forth the following: 44 (a) The full name, residence, place and date of birth and social secu- 45 rity number of the applicant; 46 (b) The present and previous occupations of the applicant, including 47 the places where he was employed and the names of his employers; 48 (c) Such further facts and evidence as may be required by the commis- 49 sion to ascertain the character, integrity and identity of the appli- 50 cant. 51 3. No person shall be included in the longshoremen's register as a 52 checker 53 (a) Unless the commission shall be satisfied that the applicant 54 possesses good character and integrity; 55 (b) If the applicant has, without subsequent pardon, been convicted by 56 a court of the United States or any state or territory thereof, of theA. 9644 163 1 commission of, or the attempt or conspiracy to commit treason, murder, 2 manslaughter or any felony or high misdemeanor or any of the following 3 misdemeanors or offenses: illegally using, carrying or possessing a 4 pistol or other dangerous weapon; making or possessing burglar's instru- 5 ments; buying or receiving stolen property; unlawful entry of a build- 6 ing; aiding an escape from prison; unlawfully possessing, possessing 7 with intent to distribute, sale or distribution of a controlled danger- 8 ous substance (controlled substance) or, in New Jersey, a controlled 9 dangerous substance analog (controlled substance analog); petty larceny, 10 where the evidence shows the property was stolen from a vessel, pier or 11 other waterfront terminal; and violation of the compact. Any such 12 applicant ineligible for inclusion in the longshoremen's register as a 13 checker by reason of any such conviction may submit satisfactory 14 evidence to the commission that he has for a period of not less than 15 five years, measured as hereinafter provided, and up to the time of 16 application, so conducted himself as to warrant inclusion in the 17 longshoremen's register as a checker, in which event the commission may, 18 in its discretion, issue an order removing such ineligibility. The afor- 19 esaid period of five years shall be measured either from the date of 20 payment of any fine imposed upon such person or the suspension of 21 sentence or from the date of his unrevoked release from custody by 22 parole, commutation or termination of his sentence; 23 (c) If the applicant knowingly or wilfully advocates the desirability 24 of overthrowing or destroying the government of the United States by 25 force or violence or shall be a member of a group which advocates such 26 desirability, knowing the purposes of such group include such advocacy. 27 4. When the application shall have been examined and such further 28 inquiry and investigation made as the commission shall deem proper and 29 when the commission shall be satisfied therefrom that the applicant 30 possesses the qualifications and requirements prescribed by this 31 section, the commission shall include the applicant in the 32 longshoremen's register as a checker. The commission may permit tempo- 33 rary registration as a checker to any applicant under this section pend- 34 ing final action on an application made for such registration, under 35 such terms and conditions as the commission may prescribe, which shall 36 be valid for a period to be fixed by the commission, not in excess of 37 six months. 38 5. The commission shall have power to reprimand any checker registered 39 under this section or to remove him from the longshoremen's register as 40 a checker for such period of time as it deems in the public interest for 41 any of the following offenses: 42 (a) Conviction of a crime or other cause which would permit disquali- 43 fication of such person from inclusion in the longshoremen's register as 44 a checker upon original application; 45 (b) Fraud, deceit or misrepresentation in securing inclusion in the 46 longshoremen's register as a checker or in the conduct of the registered 47 activity; 48 (c) Violation of any of the provisions of the compact established by 49 part I of this article; 50 (d) Conviction of a crime involving unlawfully possessing, possession 51 with intent to distribute, sale or distribution of a controlled danger- 52 ous substance (controlled substance) or, in New Jersey, a controlled 53 dangerous substance analog (controlled substance analog); 54 (e) Inducing or otherwise aiding or abetting any person to violate the 55 terms of the compact established by part I of this article;A. 9644 164 1 (f) Paying, giving, causing to be paid or given or offering to pay or 2 give to any person any valuable consideration to induce such other 3 person to violate any provision of the compact or to induce any public 4 officer, agent or employee to fail to perform his duty under the 5 compact; 6 (g) Consorting with known criminals for an unlawful purpose; 7 (h) Transfer or surrender of possession to any person either temporar- 8 ily or permanently of any card or other means of identification issued 9 by the commission as evidence of inclusion in the longshoremen's regis- 10 ter without satisfactory explanation; 11 (i) False impersonation of another longshoreman or of another person 12 licensed under the compact. 13 6. The commission shall have the right to recover possession of any 14 card or other means of identification issued as evidence of inclusion in 15 the longshoremen's register as a checker in the event that the holder 16 thereof has been removed from the longshoremen's register as a checker. 17 7. Nothing contained in this section shall be construed to limit in 18 any way any rights of labor reserved by section three thousand six of 19 this article. 20 § 3117. Supplementary violations. Any person who, without justifica- 21 tion or excuse in law, directly or indirectly intimidates or inflicts 22 any injury, damage, harm, loss or economic reprisal upon any person 23 licensed or registered by the commission, or any other person, or 24 attempts, conspires or threatens so to do, in order to interfere with, 25 impede or influence such licensed or registered person in the perform- 26 ance or discharge of his duties or obligations shall be punishable as 27 provided in section thirty-one hundred four of this part. 28 § 3118. Suspension of acceptance of applications for inclusion in 29 longshoremen's register; exceptions. 1. The commission shall have the 30 power to make determinations to suspend the acceptance of application 31 for inclusion in the longshoremen's register for such periods of time as 32 the commission may from time to time establish and, after any such peri- 33 od of suspension, the commission shall have the power to make determi- 34 nations to accept applications for such period of time as the commission 35 may establish or in such number as the commission may determine, or 36 both. Such determinations to suspend or accept applications shall be 37 made by the commission: (a) on its own initiative or (b) upon the joint 38 recommendation in writing of stevedores and other employers of long- 39 shoremen in the port of New York district, acting through their repre- 40 sentative for the purpose of collective bargaining with a labor organ- 41 ization representing such longshoremen in such district and such labor 42 organization or (c) upon the petition in writing of a stevedore or 43 another employer of longshoremen in the port of New York district which 44 does not have a representative for the purpose of collective bargaining 45 with a labor organization representing such longshoremen. The commission 46 shall have the power to accept or reject such joint recommendation or 47 petition. 48 All joint recommendations or petitions filed for the acceptance of 49 applications with the commission for inclusion in the longshoremen's 50 register shall include: 51 (a) the number of employees requested; 52 (b) the category or categories of employees requested; 53 (c) a detailed statement setting forth the reasons for said joint 54 recommendation or petition; 55 (d) in cases where a joint recommendation is made under this section, 56 the collective bargaining representative of stevedores and other employ-A. 9644 165 1 ers of longshoremen in the port of New York district and the labor 2 organization representing such longshoremen shall provide the allocation 3 of the number of persons to be sponsored by each employer of longshore- 4 men in the port of New York district; and 5 (e) any other information requested by the commission. 6 2. In administering the provisions of this section, the commission 7 shall observe the following standards: 8 (a) To encourage as far as practicable the regularization of the 9 employment of longshoremen; 10 (b) To bring the number of eligible longshoremen into balance with the 11 demand for longshoremen's services within the port of New York district 12 without reducing the number of eligible longshoremen below that neces- 13 sary to meet the requirements of longshoremen in the port of New York 14 district; 15 (c) To encourage the mobility and full utilization of the existing 16 work force of longshoremen; 17 (d) To protect the job security of the existing work force of long- 18 shoremen by considering the wages and employment benefits of prospective 19 registrants; 20 (e) To eliminate oppressive and evil hiring practices injurious to 21 waterfront labor and waterborne commerce in the port of New York 22 district, including, but not limited to, those oppressive and evil 23 hiring practices that may result from either a surplus or shortage of 24 waterfront labor; 25 (f) To consider the effect of technological change and automation and 26 such other economic data and facts as are relevant to a proper determi- 27 nation; 28 (g) To protect the public interest of the port of New York district. 29 In observing the foregoing standards and before determining to suspend 30 or accept applications for inclusion in the longshoremen's register, the 31 commission shall consult with and consider the views of, including any 32 statistical data or other factual information concerning the size of the 33 longshoremen's register submitted by, carriers of freight by water, 34 stevedores, waterfront terminal owners and operators, any labor organ- 35 ization representing employees registered by the commission, and any 36 other person whose interests may be affected by the size of the 37 longshoremen's register. 38 Any joint recommendation or petition granted hereunder shall be 39 subject to such terms and conditions as the commission may prescribe. 40 3. Any determination by the commission pursuant to this section to 41 suspend or accept applications for inclusion in the longshoremen's 42 register shall be made upon a record, shall not become effective until 43 five days after notice thereof to the collective bargaining represen- 44 tative of stevedores and other employers of longshoremen in the port of 45 New York district and to the labor organization representing such long- 46 shoremen and/or the petitioning stevedore or other employer of long- 47 shoremen in the port of New York district and shall be subject to judi- 48 cial review for being arbitrary, capricious, and an abuse of discretion 49 in a proceeding jointly instituted by such representative and such labor 50 organization and/or by the petitioning stevedore or other employer of 51 longshoremen in the port of New York district. Such judicial review 52 proceeding may be instituted in either state in the manner provided by 53 the law of such state for review of the final decision or action of 54 administrative agencies of such state, provided, however, that such 55 proceeding shall be decided directly by the appellate division as the 56 court of first instance (to which the proceeding shall be transferred byA. 9644 166 1 order of transfer by the supreme court in the state of New York or in 2 the state of New Jersey by notice of appeal from the commission's deter- 3 mination) and provided further that notwithstanding any other provision 4 of law in either state no court shall have power to stay the commis- 5 sion's determination prior to final judicial decision for more than 6 fifteen days. In the event that the court enters a final order setting 7 aside the determination by the commission to accept applications for 8 inclusion in the longshoremen's register, the registration of any long- 9 shoremen included in the longshoremen's register as a result of such 10 determination by the commission shall be cancelled. 11 This section shall apply, notwithstanding any other provision of this 12 article, provided however, such section shall not in any way limit or 13 restrict the provisions of subdivision five of section three thousand 14 ten of this article empowering the commission to register longshoremen 15 on a temporary basis to meet special or emergency needs or the 16 provisions of subdivision four of section three thousand ten of this 17 article relating to the immediate reinstatement of persons removed from 18 the longshoremen's register pursuant to section three thousand ten of 19 this article. Nothing in this section shall be construed to modify, 20 limit or restrict in any way any of the rights protected by section 21 three thousand sixteen of this article. 22 4. Upon the granting of any joint recommendation or petition under 23 this section for the acceptance of applications for inclusion in the 24 longshoremen's register, the commission shall accept applications upon 25 written sponsorship from the prospective employer of longshoremen. The 26 sponsoring employer shall furnish the commission with the name, address 27 and such other identifying or category information as the commission may 28 prescribe for any person so sponsored. The sponsoring employer shall 29 certify that the selection of the persons so sponsored was made in a 30 fair and non-discriminatory basis in accordance with the requirements of 31 the laws of the United States and the states of New York and New Jersey 32 dealing with equal employment opportunities. 33 Notwithstanding any of the foregoing, where the commission determines 34 to accept applications for inclusion in the longshoremen's register on 35 its own initiative, such acceptance shall be accomplished in such manner 36 deemed appropriate by the commission. 37 5. Notwithstanding any other provision of this article, the commission 38 may include in the longshoremen's register under such terms and condi- 39 tions as the commission may prescribe: 40 (a) a person issued registration on a temporary basis to meet special 41 or emergency needs who is still so registered by the commission; 42 (b) a person defined as a longshoreman in subdivision six of section 43 thirty-one hundred six of this part who is employed by a stevedore 44 defined in paragraph (b) or (c) of subdivision one of section thirty-one 45 hundred six of this part and whose employment is not subject to the 46 guaranteed annual income provisions of any collective bargaining agree- 47 ment relating to longshoremen; 48 (c) no more than twenty persons issued registration limited to acting 49 as scalemen pursuant to the provisions of chapter 953 of the laws of 50 1969 and chapter 64 of the laws of 1982 who are still so registered by 51 the commission and who are no longer employed as scalemen on the effec- 52 tive date of this subdivision; 53 (d) a person issued registration on a temporary basis as a checker to 54 meet special or emergency needs who applied for such registration prior 55 to January 15, 1986 and who is still so registered by the commission;A. 9644 167 1 (e) a person issued registration on a temporary basis as a checker to 2 meet special or emergency needs in accordance with a waterfront commis- 3 sion resolution of September 4, 1996 and who is still so registered by 4 the commission; 5 (f) a person issued registration on a temporary basis as a container 6 equipment operator to meet special or emergency needs in accordance with 7 a waterfront commission resolution of September 4, 1996 and who is still 8 so registered by the commission; and 9 (g) a person issued registration on a temporary basis as a longshore- 10 man to meet special or emergency needs in accordance with a waterfront 11 commission resolution of September 4, 1996 and who is still so regis- 12 tered by the commission. 13 6. The commission may include in the longshoremen's register, under 14 such terms and conditions as the commission may prescribe, persons 15 issued registration on a temporary basis as a longshoreman or a checker 16 to meet special or emergency needs and who are still so registered by 17 the commission upon the enactment of this section. 18 § 3119. Temporary suspension of permits, licenses and registrations. 19 1. The commission may temporarily suspend a temporary permit or a 20 permanent license or a temporary or permanent registration pursuant to 21 the provisions of subdivision four of section three thousand twelve of 22 this article until further order of the commission or final disposition 23 of the underlying case, only where the permittee, licensee or registrant 24 has been indicted for, or otherwise charged with, a crime which is 25 equivalent to a felony in the state of New York or to a crime of the 26 third, second or first degree in the state of New Jersey or only where 27 the permittee or licensee is a port watchman who is charged by the 28 commission pursuant to section three thousand twelve of this article 29 with misappropriating any other person's property at or on a pier or 30 other waterfront terminal. 31 2. In the case of a permittee, licensee or registrant who has been 32 indicted for, or otherwise charged with, a crime, the temporary suspen- 33 sion shall terminate immediately upon acquittal or upon dismissal of the 34 criminal charge. A person whose permit, license or registration has been 35 temporarily suspended may, at any time, demand that the commission 36 conduct a hearing as provided for in section three thousand twelve of 37 this article. Within sixty days of such demand, the commission shall 38 commence the hearing and, within thirty days of receipt of the adminis- 39 trative judge's report and recommendation, the commission shall render a 40 final determination thereon; provided, however, that these time require- 41 ments, shall not apply for any period of delay caused or requested by 42 the permittee, licensee or registrant. Upon failure of the commission to 43 commence a hearing or render a determination within the time limits 44 prescribed herein, the temporary suspension of the licensee or regis- 45 trant shall immediately terminate. Notwithstanding any other provision 46 of this subdivision, if a federal, state, or local law enforcement agen- 47 cy or prosecutor's office shall request the suspension or deferment of 48 any hearing on the ground that such a hearing would obstruct or preju- 49 dice an investigation or prosecution, the commission may in its 50 discretion, postpone or defer such hearing for a time certain or indefi- 51 nitely. Any action by the commission to postpone a hearing shall be 52 subject to immediate judicial review as provided in subdivision seven of 53 section three thousand twelve of this article. 54 3. The commission may in addition, within its discretion, bar any 55 permittee, licensee or registrant whose license or registration has been 56 suspended pursuant to the provisions of subdivision one of this section,A. 9644 168 1 from any employment by a licensed stevedore or a carrier of freight by 2 water during the period of such suspension, if the alleged crime that 3 forms the basis of such suspension involves the possession with intent 4 to distribute, sale, or distribution of a controlled dangerous substance 5 (controlled substance) or, in New Jersey, controlled dangerous substance 6 analog (controlled substance analog), racketeering or theft from a pier 7 or waterfront terminal. 8 § 3120. Continuance of port watchmen's licenses. Notwithstanding any 9 provision of subdivision five of section three thousand eleven of this 10 article, a license to act as a port watchman shall continue and need not 11 be renewed, provided the licensee shall, as required by the commission: 12 1. Submit to a medical examination and meet the physical and mental 13 fitness standards established by the commission pursuant to subdivision 14 three of section three thousand eleven of this article; 15 2. Complete a refresher course of training; and 16 3. Submit supplementary personal history information. 17 § 3121. Regularization of port watchmen's employment. The commission 18 shall, at regular intervals, cancel the license or temporary permit of a 19 port watchman who shall have failed during the preceding twelve months 20 to have worked as a port watchman in the port of New York district a 21 minimum number of hours as shall have been established by the commis- 22 sion, except that immediate restoration of such license or temporary 23 permit shall be made upon proper showing that the failure to so work was 24 caused by the fact that the licensee or permittee was engaged in the 25 military service of the United States or was incapacitated by ill 26 health, physical injury or other good cause. 27 § 3122. Duration of stevedore's license. A stevedore's license grant- 28 ed pursuant to section three thousand seven of this article shall be for 29 a term of five years or fraction of such five year period, and shall 30 expire on the first day of December. In the event of the death of the 31 licensee, if a natural person, or its termination or dissolution by 32 reason of a death of a partner, if a partnership, or if the licensee 33 shall cease to be a party to any contract of the type required by para- 34 graph (d) of subdivision three of section three thousand seven of this 35 article, the license shall terminate ninety days after such event or 36 upon its expiration date, whichever shall be sooner. A license may be 37 renewed by the commission for successive five year periods upon fulfill- 38 ing the same requirements as are set forth in section three thousand 39 seven of this article for an original application for a stevedore's 40 license. 41 § 3123. Implementation of telecommunications hiring system for long- 42 shoremen and checkers and registration of telecommunications system 43 controller. 1. The commission may designate one of the employment 44 information centers it is authorized to establish and maintain under 45 section three thousand thirteen of this article for the implementation 46 of a telecommunications hiring system through which longshoremen and 47 checkers may be hired and accept employment without any personal appear- 48 ance at said center. Any such telecommunications hiring system shall 49 incorporate hiring and seniority agreements between the employers of 50 longshoremen and checkers and the labor organization representing long- 51 shoremen and checkers in the port of New York district, provided said 52 agreements are not in conflict with the provisions of this part. 53 2. The commission shall permit employees of the association represent- 54 ing employers of longshoremen and checkers and of the labor organization 55 representing longshoremen and checkers in the port of New York district, 56 or of a joint board of such association and labor organization, toA. 9644 169 1 participate in the operation of said telecommunications hiring system, 2 provided that any such employee is registered by the commission as a 3 "telecommunications system controller" in accordance with the 4 provisions, standards and grounds set forth in this part with respect to 5 the registration of checkers. No person shall act as a "telecommuni- 6 cations system controller" unless he or she is so registered. Any 7 application for such registration and any registration made or issued 8 may be denied, revoked, cancelled or suspended, as the case may be, only 9 in the manner prescribed in section three thousand twelve of this arti- 10 cle. Any and all such participation in the operation of said telecommu- 11 nications hiring system shall be monitored by the commission. 12 3. Any and all records, documents, tapes, discs and other data 13 compiled, collected or maintained by said association of employers, 14 labor organization and joint board of such association and labor organ- 15 ization pertaining to the telecommunications hiring system shall be 16 available for inspection, investigation and duplication by the commis- 17 sion. 18 PART III 19 COMMISSION ESTABLISHED FOR NEW YORK STATE 20 3201. Commission established for New York state. 21 3202. Prohibition against loitering. 22 3203. Prohibition against unions having officers, agents or 23 employees who have been convicted of certain crimes and 24 offenses. 25 3204. Exception to section 3203 of this part for certain employ- 26 ees. 27 § 3201. Commission established for New York state. Unless and until 28 the provisions of the compact contained in part I of this article shall 29 have been concurred in by the state of New Jersey, the consent of 30 congress given thereto, and the commission, provided for therein, estab- 31 lished: 32 1. The provisions of such compact and sections thirty-one hundred two, 33 thirty-one hundred three, thirty-one hundred four and thirty-one hundred 34 five of this article shall apply to and be in full force and effect 35 within the state of New York, except as limited by this section, and any 36 violation of such compact or section shall be a violation of the laws of 37 the state of New York, provided, however, that (with respect to the 38 definitions contained in such compact): 39 (a) "The port of New York district" shall mean only that portion of 40 the district within the state of New York; 41 (b) The "commission", hereinafter referred to in this section as the 42 "New York commission", shall mean and consist of the member appointed by 43 the governor of this state by and with the advice and consent of the 44 senate, and he shall possess and exercise all the powers and duties of 45 the commission set forth in part I of this article and any other powers 46 and duties conferred herein; 47 (c) The powers and duties of any other officer or agency of this state 48 prescribed by part I of this article or otherwise by this article shall 49 be effective as if the provisions of the compact were effective as a law 50 of this state; and 51 (d) The New York commission shall not be deemed to be a body corporate 52 and politic and shall be in the executive department of this state.A. 9644 170 1 2. The New York commission is authorized to cooperate with a similar 2 commission of the state of New Jersey, to exchange information on any 3 matter pertinent to the purposes of this article, and to enter into 4 reciprocal agreements for the accomplishment of such purposes, including 5 but not limited to the following objectives: 6 (a) To provide for the reciprocal recognition of any license issued or 7 registration made by either commission; 8 (b) To give reciprocal effect to any revocation, suspension or repri- 9 mand with respect to any licensee, and any reprimand or removal from a 10 longshoremen's register; 11 (c) To provide that any act or omission by a licensee or registrant in 12 either state which would be a basis for disciplinary action against such 13 licensee or registrant if it occurred in the state in which the license 14 was issued or the person registered shall be the basis for disciplinary 15 action in both states; 16 (d) To provide that longshoremen registered in either state, who 17 perform work or who apply for work at an employment information center 18 within the other state shall be deemed to have performed work or to have 19 applied for work in the state in which they are registered. 20 3. Notwithstanding any other provision of law, the officers, employees 21 and agents of the commission established by this section may be 22 appointed or employed without regard to their state of residence. Such 23 commission may appoint or employ the same person to a similar office or 24 employment in this state as he holds in a similar commission or agency 25 of the state of New Jersey. 26 Notwithstanding any other provision of this article, for the purpose 27 of providing for the commission's expenses of administration during the 28 remainder of the calendar year following the effective date of this 29 article, and until June thirtieth, nineteen hundred fifty-four the 30 assessment for such expense shall be at the rate of one and one-half per 31 cent. Such assessment shall be made, collected and enforced in accord- 32 ance with section three thousand fourteen of this article. 33 § 3202. Prohibition against loitering. No person shall, without a 34 satisfactory explanation, loiter upon any vessel, dock, wharf, pier, 35 bulkhead, terminal, warehouse, or other waterfront facility or within 36 five hundred feet thereof in that portion of the port of New York 37 district within the state of New York. 38 § 3203. Prohibition against unions having officers, agents or employ- 39 ees who have been convicted of certain crimes and offenses. No person 40 shall solicit, collect or receive any dues, assessments, levies, fines 41 or contributions, or other charges within the state for or on behalf of 42 any labor organization which represents employees registered or licensed 43 pursuant to the provisions of this article or which derives its charter 44 from a labor organization representing one hundred or more of such 45 registered or licensed employees, if any officer, agent or employee of 46 such labor organization, or of a welfare fund or trust administered 47 partially or entirely by such labor organization or by trustees or other 48 persons designated by such labor organization, has been convicted by a 49 court of the United States, or any state or territory thereof, of a 50 felony, any misdemeanor involving moral turpitude or any crime or 51 offense enumerated in subdivision three (b) of section thirty-one 52 hundred sixteen of this article, unless he has been subsequently 53 pardoned therefor by the governor or other appropriate authority of the 54 state or jurisdiction in which such conviction was had or has received a 55 certificate of good conduct from the board of parole pursuant to the 56 provisions of the executive law to remove the disability. No person soA. 9644 171 1 convicted shall serve as an officer, agent or employee of such labor 2 organization, welfare fund or trust unless such person has been so 3 pardoned or has received a certificate of good conduct. No person, 4 including such labor organization, welfare fund or trust, shall know- 5 ingly permit such convicted person to assume or hold any office, agency, 6 or employment in violation of this section. 7 As used in this section, the term "labor organization" shall mean and 8 include any organization which exists and is constituted for the purpose 9 in whole or in part of collective bargaining, or of dealing with employ- 10 ers concerning grievances, terms and conditions of employment, or of 11 other mutual aid or protection; but it shall not include a federation 12 or congress of labor organizations organized on a national or interna- 13 tional basis even though one of its constituent labor organizations may 14 represent persons so registered or licensed. 15 Any person who shall violate this section shall be guilty of a misde- 16 meanor punishable by a fine of not more than five hundred dollars or 17 imprisonment for not more than one year or both. 18 § 3204. Exception to section thirty-two hundred three of this part for 19 certain employees. If upon application to the commission by an employee 20 who has been convicted of a crime or offense specified in section thir- 21 ty-two hundred three of this part the commission, in its discretion, 22 determines in an order that it would not be contrary to the purposes and 23 objectives of this article for such employee to work in a particular 24 employment for a labor organization, welfare fund or trust within the 25 meaning of section thirty-two hundred three of this part, the provisions 26 of section thirty-two hundred three of this part shall not apply to the 27 particular employment of such employee with respect to such conviction 28 or convictions as are specified in the commission's order. This section 29 is applicable only to those employees who for wages or salary perform 30 manual, mechanical, or physical work of a routine or clerical nature at 31 the premises of the labor organization, welfare fund or trust by which 32 they are employed. 33 PART IV 34 COMPACT 35 3301. Compact. 36 3302. Findings and declarations. 37 3303. Definitions. 38 3304. General powers of the commission. 39 3305. Airfreightmen and airfreightman supervisors. 40 3306. Air freight terminal operators; air freight truck carri- 41 ers; and airfreightmen; labor relations consultants. 42 3307. Air freight security area. 43 3308. Hearings, determinations and review. 44 3309. Expenses of administration. 45 3310. General violations; prosecutions; penalties. 46 3311. Amendments; construction; short title. 47 § 3301. Compact. The state of New York hereby agrees with the state 48 of New Jersey, upon the enactment by the state of New Jersey of legis- 49 lation having the same effect as this section, to the following compact: 50 § 3302. Findings and declarations. 1. The states of New York and New 51 Jersey hereby find and declare that the movement of freight through the 52 two states is vital to their economies and prosperity; that ever 53 increasing amounts of such freight are being carried by the air freight 54 industry; that said air freight industry in the two states constitutesA. 9644 172 1 an inseparable and integral unit of the commerce of the two states; 2 that criminal and racketeer elements have infiltrated the air freight 3 industry; that such criminal infiltration is threatening the growth of 4 said air freight industry; that one of the means by which such criminal 5 and racketeer elements infiltrate the air freight industry is by posing 6 as labor relations consultants and that firms handling air freight are 7 often forced to employ or engage such persons; that the air freight 8 industry is suffering an alarming rise in the amount of pilferage and 9 theft of air freight; and that it is imperative to the continued growth 10 and economic well-being of the states of New York and New Jersey that 11 every possible effective measure be taken to prevent the pilferage and 12 theft of air freight and the criminal infiltration of the air freight 13 industry. 14 2. The states of New York and New Jersey hereby find and declare that 15 many of the evils existing in the air freight industry result not only 16 from the causes above described but from the lack of regulation of the 17 air freight industry in and about the port of New York district; that 18 the air freight industry is affected with a public interest requiring 19 regulation, just as the states of New York and New Jersey have hereto- 20 fore found and declared in respect to the shipping industry; and that 21 such regulation of the air freight industry shall be deemed an exercise 22 of the police power of the two states for the protection of the public 23 safety, welfare, prosperity, health, peace and living conditions of the 24 people of the states. 25 § 3303. Definitions. As used in this compact: 26 1. "Commission" shall mean the waterfront and airport commission of 27 New York and New Jersey established by section three thousand four of 28 this article. 29 2. "Airport" shall mean any area on land, water or building or any 30 other facility located within the states of New York and New Jersey 31 (except a military installation of the United States government) (a) 32 which is located within one hundred miles of any point in the port of 33 New York district, (b) which is used, or intended for use, for the land- 34 ing and take-off of aircraft operated by an air carrier, and any appur- 35 tenant areas which are used or intended for use, for airport buildings 36 or other airport facilities or rights of way, together with all airport 37 buildings, equipment, aircraft, and facilities located thereon, and (c) 38 where the total tonnage of air freight in a calendar year loaded and 39 unloaded on and from aircraft exceeds twenty thousand tons. 40 3. "Air carrier" shall mean any person who may be engaged or who may 41 hold himself out as willing to be engaged, whether as a common carrier, 42 as a contract carrier or otherwise, in the carriage of freight by air. 43 4. "Air freight" shall mean freight (including baggage, aircraft 44 stores and mail) which is, has been, or will be carried by or consigned 45 for carriage by an air carrier. 46 5. "Air freight terminal" shall include any warehouse, depot or other 47 terminal (other than an airport) (a) any part of which is located within 48 an airport and any part of which is used for the storage of air freight, 49 or (b) which is operated by an air carrier or a contractor of an air 50 carrier and any part of which is used for the storage of air freight and 51 any part of which is located within the port of New York district. 52 6. "Air freight terminal operator" shall mean the owner, lessee, or 53 contractor or such other person (other than an employee) who is in 54 direct and immediate charge and control of an air freight terminal, or 55 any portion thereof.A. 9644 173 1 7. "Air freight truck carrier" shall mean a contractor (other than an 2 employee) engaged for compensation pursuant to a contract or arrange- 3 ment, directly or indirectly, with an air carrier or air carriers or 4 with an air freight terminal operator or operators in the moving of 5 freight to or from an airport or air freight terminal by a truck or 6 other motor vehicle used primarily for the transportation of property. 7 8. "Air freight security area" shall mean any area located within the 8 airport to which the commission determines that limited ingress and 9 egress is required for the protection and security of any air freight 10 located within the airport. 11 9. "Airfreightman" shall mean a natural person who is employed 12 (a) by any person to physically move or to perform services incidental 13 to the movement of air freight at an airport or in an air freight termi- 14 nal; or 15 (b) by an air carrier or an air freight terminal operator or an air 16 freight truck carrier to transport or to assist in the transportation of 17 air freight to or from an airport or air freight terminal; or 18 (c) by any person to engage in direct and immediate checking of any 19 air freight located in an airport or in an air freight terminal or of 20 the custodial accounting therefor. 21 10. "Airfreightman supervisor" shall mean a natural person who is 22 employed to supervise directly and immediately the work of an airfr- 23 eightman at an airport or at an air freight terminal. 24 11. "Airfreightman labor relations consultant" shall mean any person 25 who, pursuant to any contract or arrangement, advises or represents an 26 air carrier, an air freight terminal operator, or an air freight truck 27 carrier, or an organization of such employers (whether or not incorpo- 28 rated), or a labor organization representing any airfreightmen or airfr- 29 eightman supervisors, concerning the organization or collective bargain- 30 ing activities of airfreightmen or airfreightman supervisors, but shall 31 not include any person designated by any government official or body to 32 so act or any person duly licensed to practice law as an attorney in any 33 jurisdiction. As used in this paragraph, the term "labor organization" 34 shall mean and include any labor organization to which section thirty- 35 four hundred one of this article is applicable. 36 12. "Person" shall mean not only a natural person but also any part- 37 nership, joint venture, association, corporation or any other legal 38 entity but shall not include the United States, any state or territory 39 thereof or any department, division, board, commission or authority of 40 one or more of the foregoing or any officer or employee thereof while 41 engaged in the performance of his official duties. 42 13. "The port of New York district" shall mean the district created by 43 article II of the compact dated April thirtieth, nineteen hundred twen- 44 ty-one, between the states of New York and New Jersey, authorized by 45 chapter one hundred fifty-four of the laws of New York of nineteen 46 hundred twenty-one and continued by article I of this chapter, and chap- 47 ter one hundred fifty-one of the laws of New Jersey of nineteen hundred 48 twenty-one, and any amendments thereto. 49 14. "Court of the United States" shall mean all courts enumerated in 50 section four hundred fifty-one of title twenty-eight of the United 51 States code and the courts-martial of the armed forces of the United 52 States. 53 15. "Witness" shall mean any person whose testimony is desired in any 54 investigation, interview or other proceeding conducted by the commission 55 pursuant to the provisions of this compact.A. 9644 174 1 16. "Compact" shall mean this compact and rules and regulations 2 lawfully promulgated thereunder and shall also include any amendments or 3 supplements to this compact to implement the purposes thereof adopted by 4 the action of the legislature of either the state of New York or the 5 state of New Jersey concurred in by the legislature of the other. 6 § 3304. General powers of the commission. In addition to the powers 7 and duties of the commission conferred in parts I, II, III, and V of 8 this article, the commission shall have the power: 9 1. To administer and enforce the provisions of this compact; 10 2. To establish such divisions and departments within the commission 11 as the commission may deem necessary and to appoint such officers, 12 agents and employees as it may deem necessary, prescribe their powers, 13 duties and qualifications and fix their compensation and retain and 14 employ counsel and private consultants on a contract basis or otherwise; 15 3. To make and enforce such rules and regulations as the commission 16 may deem necessary to effectuate the purposes of this compact or to 17 prevent the circumvention or evasion thereof including, but not limited 18 to, rules and regulations (which shall be applicable to any person 19 licensed by the commission, his employer, or any other person within an 20 airport) to provide for the maximum protection of air freight, such as 21 checking and custodial accounting, guarding, storing, fencing, gatehous- 22 es, access to air freight, air freight loss reports, and any other 23 requirements which the commission in its discretion may deem to be 24 necessary and appropriate to provide such maximum protection. The rules 25 and regulations of the commission shall be effective upon publication in 26 the manner which the commission shall prescribe and upon filing in the 27 office of the secretary of state of each state. A certified copy of any 28 such rules and regulations, attested as true and correct by the commis- 29 sion, shall be presumptive evidence of the regular making, adoption, 30 approval and publication thereof; 31 4. To have for its members and its properly designated officers, 32 agents and employees, full and free access, ingress and egress to and 33 from all airports, air freight terminals, all aircraft traveling to or 34 from an airport and all trucks or other motor vehicles or equipment 35 which are carrying air freight to or from any airport or air freight 36 terminal for the purposes of conducting investigations, making 37 inspections or enforcing the provisions of this compact; and no person 38 shall obstruct or in any way interfere with any such member, officer, 39 employee or agent in the making of such investigation or inspection or 40 in the enforcement of the provisions of this compact or in the perform- 41 ance of any other power or duty under this compact; 42 5. To make investigations, collect and compile information concerning 43 airport practices generally, and upon all matters relating to the accom- 44 plishment of the objectives of this compact; 45 6. To advise and consult with representatives of labor and industry 46 and with public officials and agencies concerned with the effectuation 47 of the purposes of this compact, upon all matters which the commission 48 may desire, including but not limited to the form and substance of rules 49 and regulations and the administration of the compact and the expe- 50 ditious handling and efficient movement of air freight consistent with 51 the security of such air freight; 52 7. To make annual and other reports to the governors and legislatures 53 of both states containing recommendations for the effectuation of the 54 purposes of this compact; 55 8. To issue temporary licenses and temporary permits under such terms 56 and conditions as the commission may prescribe;A. 9644 175 1 9. In any case in which the commission has the power to revoke or 2 suspend any license or permit the commission shall also have the power 3 to impose as an alternative to such revocation or suspension, a penalty, 4 which the licensee or permittee may elect to pay the commission in lieu 5 of the revocation or suspension. The maximum penalty shall be five 6 thousand dollars for each separate offense. The commission may, for good 7 cause shown, abate all or part of such penalty; 8 10. To determine the location, size and suitability of field and 9 administrative offices and any other accommodations necessary and desir- 10 able for the performance of the commission's duties under this compact; 11 11. To acquire, hold and dispose of real and personal property, by 12 gift, purchase, lease, license or other similar manner, for its corpo- 13 rate purposes, and in connection therewith to borrow money; 14 12. To recover possession of any card or other means of identification 15 issued by the commission as evidence of a license or permit in the event 16 that the holder thereof no longer is a licensee or permittee; 17 13. To require any licensee or permittee to exhibit upon demand the 18 license or permit issued to him by the commission or to wear such 19 license or permit. 20 The powers and duties of the commission may be exercised by officers, 21 employees and agents designated by them, except the power to make rules 22 and regulations. The commission shall have such additional powers and 23 duties as may hereafter be delegated to or imposed upon it from time to 24 time by the action of the legislature of either state concurred in by 25 the legislature of the other. 26 § 3305. Airfreightmen and airfreightman supervisors. 1. On and after 27 the ninetieth day after the effective date of this compact, no person 28 shall act as an airfreightman or an airfreightman supervisor within the 29 state of New York or the state of New Jersey without having first 30 obtained from the commission a license to act as such airfreightman or 31 airfreightman supervisor, as the case may be, and no person shall employ 32 another person to act as an airfreightman or airfreightman supervisor 33 who is not so licensed. 34 2. A license to act as an airfreightman or airfreightman supervisor 35 shall be issued only upon the written application, under oath, of the 36 person proposing to employ or engage another person to act as such 37 airfreightman or airfreightman supervisor, verified by the prospective 38 licensee as to the matters concerning him, and shall set forth the 39 prospective licensee's full name, residence address, social security 40 number, and such further facts and evidence as may be required by the 41 commission to determine the identity, the existence of a criminal 42 record, if any, and the eligibility of the prospective licensee for a 43 license. 44 3. The commission may in its discretion deny the application for such 45 license submitted on behalf of a prospective licensee for any of the 46 following causes: 47 (a) Conviction by a court of the United States or any state or terri- 48 tory thereof, without subsequent pardon, of the commission of, or the 49 attempt or conspiracy to commit, treason, murder, manslaughter, coercion 50 or any felony or high misdemeanor or any of the following misdemeanors 51 or offenses (excluding, however, any conviction for a misdemeanor or 52 lesser offense arising out of physical misconduct committed during the 53 course of lawful organizational or collective bargaining activities of 54 any labor organization): illegally using, carrying or possessing a 55 pistol or other dangerous weapon; making, manufacturing or possessing 56 burglar's instruments; buying or receiving stolen property; criminalA. 9644 176 1 possession of stolen property; unlawful entry of a building; criminal 2 trespass; aiding an escape from prison; and unlawfully possessing, 3 selling or distributing a dangerous drug; 4 (b) Conviction by any such court, after having been previously 5 convicted by any such court of any crime or of the offenses hereinafter 6 set forth, of a misdemeanor or any of the following offenses (excluding, 7 however, any conviction for a misdemeanor or lesser offense arising out 8 of physical misconduct committed during the course of lawful organiza- 9 tional or collective bargaining activities of any labor organization): 10 assault, malicious injury to property, criminal mischief, malicious 11 mischief, criminal tampering, unlawful use or taking of a motor vehicle, 12 corruption of employees, promoting gambling, possession of gambling 13 records or devices, or possession of lottery or number slips; 14 (c) Fraud, deceit or misrepresentation in connection with any applica- 15 tion or petition submitted to, or any interview, hearing or proceeding 16 conducted by the commission; 17 (d) Violation of any provision of this section or the commission of 18 any offense thereunder; 19 (e) Refusal on the part of the applicant, or prospective licensee, to 20 answer any material question or produce any material evidence in 21 connection with the application; 22 (f) As to an airfreightman, his presence at the airports or air 23 freight terminals is found by the commission on the basis of the facts 24 and evidence before it to constitute a danger to the public peace or 25 safety; 26 (g) As to an airfreightman supervisor, failure to satisfy the commis- 27 sion that the prospective licensee possesses good character and integri- 28 ty; 29 (h) Conviction of a crime or other cause which would permit reprimand 30 of such prospective licensee or the suspension or revocation of his 31 license if such person were already licensed. 32 4. When the application shall have been examined and such further 33 inquiry and investigation made as the commission shall deem proper and 34 when the commission shall be satisfied therefrom that the prospective 35 licensee possesses the qualifications and requirements prescribed in 36 this article, the commission shall issue and deliver to the prospective 37 licensee a license to act as an airfreightman or as an airfreightman 38 supervisor, as the case may be, and shall inform the applicant of its 39 action. 40 5. The commission shall have the power to reprimand any airfreightman 41 or airfreightman supervisor licensed under this article or to revoke or 42 suspend his license for such period as the commission deems in the 43 public interest for any of the following causes: 44 (a) Conviction of a crime or other cause which would permit the denial 45 of a license upon original application; 46 (b) Fraud, deceit or misrepresentation in securing the license, or in 47 the conduct of the licensed activity; 48 (c) Transfer or surrender of possession to any person either temporar- 49 ily or permanently of any card or other means of identification issued 50 by the commission as evidence of a license, without satisfactory expla- 51 nation; 52 (d) False impersonation of another person who is a licensee or permit- 53 tee of the commission under this compact; 54 (e) Wilful commission of, or wilful attempt to commit at an airport or 55 at an air freight terminal or adjacent highway any act of physical inju-A. 9644 177 1 ry to any other person or of wilful damage to or misappropriation of any 2 other person's property, unless justified or excused by law. 3 (f) Violation of any of the provisions of this compact or inducing or 4 otherwise aiding or abetting any person to violate the terms of this 5 compact; 6 (g) Addiction to the use of, or unlawful possession, sale or distrib- 7 ution of a dangerous drug; 8 (h) Paying, giving, causing to be paid or given or offering to pay or 9 give to any person any valid consideration to induce such other person 10 to violate any provision of this compact or to induce any public offi- 11 cer, agent or employee to fail to perform his duty under this compact; 12 (i) Consorting with known criminals for unlawful purposes; 13 (j) Receipt or solicitation of anything of value from any person other 14 than the licensee's or permittee's employer as consideration for the 15 selection or retention for employment of any person who is a licensee or 16 permittee of the commission under this compact; 17 (k) Coercion of any person who is a licensee or permittee of the 18 commission under this compact by threat of discrimination or violence or 19 economic reprisal to make purchases from or to utilize the services of 20 any person; 21 (l) Lending any money to or borrowing any money from any person who is 22 a licensee or permittee of the commission under this compact for which 23 there is a charge of interest or other consideration which is usurious; 24 (m) Conviction of any criminal offense in relation to gambling, book- 25 making, pool selling, lotteries or similar crimes or offenses if the 26 crime or offense was committed at an airport or air freight terminal or 27 within five hundred feet thereof; 28 (n) Refusal to answer any material question or produce any material 29 evidence lawfully required to be answered or produced at any investi- 30 gation, interview or other proceeding conducted by the commission pursu- 31 ant to the provisions of this compact, or, if such refusal is accompa- 32 nied by a valid plea of privilege against self-incrimination, refusal to 33 obey an order to answer such question or produce such evidence made by 34 the commission pursuant to the power of the commission under this 35 compact to grant immunity from prosecution; 36 (o) Refusal to exhibit his license or permit upon the demand of any 37 officer, agent or employee of the commission or failure to wear such 38 license or permit when required. 39 6. A license granted pursuant to this section shall expire on the 40 expiration date (which shall be at least one year from the date of its 41 issuance) set forth by the commission on the card or other means of 42 identification issued by the commission as evidence of a license or upon 43 the termination of employment with the employer who applied for the 44 license. Upon expiration thereof, a license may be renewed by the 45 commission upon fulfilling the same requirements as are set forth in 46 this compact for an original application. 47 § 3306. Air freight terminal operators; air freight truck carriers; 48 and airfreightmen; labor relations consultants. 1. On and after the 49 ninetieth day after the effective date of this compact, no person, 50 except an air carrier, shall act as an air freight terminal operator or 51 as an air freight truck carrier or as an airfreightman labor relations 52 consultant within the state of New York or the state of New Jersey with- 53 out having first obtained a license from the commission to act as an air 54 freight terminal operator or as an air freight truck carrier or as an 55 airfreightman labor relations consultant, as the case may be, and no 56 person shall employ or engage another person to perform services as anA. 9644 178 1 air freight terminal operator or as an air freight truck carrier or as 2 an airfreightman labor relations consultant who is not so licensed. 3 2. Any person intending to act as an air freight terminal operator or 4 as an air freight truck carrier or as an airfreightman labor relations 5 consultant within the state of New York or the state of New Jersey shall 6 file in the office of the commission a written application for a license 7 to engage in such occupation duly signed and verified as follows: 8 (a) If the applicant is a natural person, the application shall be 9 signed and verified by such person and if the applicant is a partner- 10 ship, the application shall be signed and verified by each natural 11 person composing or intending to compose such partnership. The applica- 12 tion shall state the full name, age, residence, business address (if 13 any), present and previous occupations of each natural person so signing 14 the same, and any other facts and evidence as may be required by the 15 commission to ascertain the character, integrity, identity and criminal 16 record, if any, of each natural person so signing such application. 17 (b) If the applicant is a corporation, the application shall be signed 18 and verified by the president, secretary and treasurer thereof, and 19 shall specify the name of the corporation, the date and place of its 20 incorporation, the location of its principal place of business, the 21 names and addresses of, and the amount of the stock held by stockholders 22 owning ten per cent or more of any of the stock thereof, and of all the 23 officers (including all members of the board of directors). The 24 requirements of paragraph (a) of this subdivision as to a natural person 25 who is a member of a partnership, and such requirements as may be speci- 26 fied in rules and regulations promulgated by the commission, shall apply 27 to each such officer or stockholder and their successors in office or 28 interest as the case may be. 29 In the event of the death, resignation or removal of any officer, and 30 in the event of any change in the list of stockholders who shall own ten 31 per cent or more of the stock of the corporation, the secretary of such 32 corporation shall forthwith give notice of that fact in writing to the 33 commission, certified by said secretary. 34 3. No such license shall be granted: 35 (a) If any person whose signature or name appears in the application 36 is not the real party in interest required by subdivision two of this 37 section to sign or to be identified in the application or if the person 38 so signing or named in the application is an undisclosed agent or trus- 39 tee for any such real party in interest or if any such real party in 40 interest does not sign the application; 41 (b) Unless the commission shall be satisfied that the applicant and 42 all members, officers and stockholders required by subdivision two of 43 this section to sign or be identified in the application for license 44 possess good character and integrity; 45 (c) If the applicant or any member, officer or stockholder required by 46 subdivision two of this section to sign or be identified in the applica- 47 tion for license has, without subsequent pardon, been convicted by a 48 court of the United States or any state or territory thereof of the 49 commission of, or the attempt or conspiracy to commit any crime or 50 offense described in paragraph (a) of subdivision three of section thir- 51 ty-three hundred five of this part. Any applicant ineligible for a 52 license by reason of any such conviction may submit satisfactory 53 evidence to the commission that the person whose conviction was the 54 basis of ineligibility has for a period of not less than five years, 55 measured as hereinafter provided and up to the time of application, so 56 conducted himself as to warrant the grant of such license, in whichA. 9644 179 1 event the commission may, in its discretion issue an order removing such 2 ineligibility. The aforesaid period of five years shall be measured 3 either from the date of payment of any fine imposed upon such person or 4 the suspension of sentence or from the date of his unrevoked release 5 from custody by parole, commutation or termination of his sentence. 6 Such petition may be made to the commission before or after the hearing 7 on the application; 8 (d) If, on or after the effective date of this compact, the applicant 9 has paid, given, caused to have been paid or given or offered to pay or 10 give to any officer or employee of any other person employing or engag- 11 ing him in his licensed activity any valuable consideration for an 12 improper or unlawful purpose or to induce such officer or employee to 13 procure the employment of the applicant in his licensed activity by such 14 other person; 15 (e) If, on or after the effective date of this compact, the applicant 16 has paid, given, caused to have been paid, or given or offered to pay or 17 give to any officer or representative of a labor organization any valu- 18 able consideration for an improper or unlawful purpose or to induce such 19 officer or representative to subordinate the interest of such labor 20 organization or its members in the management of the affairs of such 21 labor organization to the interests of the applicant or any other 22 person; 23 (f) If, on or after the effective date of this compact, the applicant 24 has paid, given, caused to have been paid or given or offered to pay or 25 give to any agent of any other person any valuable consideration for an 26 improper or unlawful purpose or, without the knowledge and consent of 27 such other person, to induce such agent to procure the employment of the 28 applicant in his licensed activity by such other person. 29 4. When the application shall have been examined and such further 30 inquiry and investigation made as the commission shall deem proper and 31 when the commission shall be satisfied therefrom that the applicant 32 possess the qualifications and requirements prescribed in this section, 33 the commission shall issue and deliver a license to the applicant. 34 5. The commission shall have the power to reprimand any person 35 licensed under this section or to revoke or suspend his license for such 36 period as the commission deems in the public interest for any of the 37 following causes on the part of the licensee or of any person required 38 by subdivision two of this section to sign or be identified in an 39 original application for a license: 40 (a) Any cause set forth in subdivision five of section thirty-three 41 hundred five of this part; 42 (b) Failure by the licensee to maintain a complete set of books and 43 records containing a true and accurate account of the licensee's 44 receipts and disbursements arising out of his licensed activities; 45 (c) Failure to keep said books and records available during business 46 hours for inspection by the commission and its duly designated represen- 47 tatives until the expiration of the fifth calendar year following the 48 calendar year during which occurred the transactions recorded therein; 49 (d) Failure to pay any assessment or fee payable to the commission 50 under this compact when due. 51 6. A license granted pursuant to this section shall expire on the 52 expiration date (which shall be at least one year from the date of its 53 issuance) set forth by the commission on the card or other means of 54 identification issued by the commission as evidence of a license. Upon 55 expiration thereof, a license may be renewed by the commission uponA. 9644 180 1 fulfilling the same requirements as are set forth in this section for an 2 original application. 3 § 3307. Air freight security area. 1. On or after the effective date 4 of this compact, the commission shall have the power to designate any 5 area located within an airport as an air freight security area. No 6 person who is not licensed by the commission pursuant to this compact 7 shall have ingress to an air freight security area unless issued a 8 permit by the commission. 9 2. Any person who is not licensed by the commission pursuant to this 10 compact and who desires upon any occasion ingress to an air freight 11 security area shall apply at the entrance to such area for a permit for 12 ingress for that particular occasion. In order to secure a permit, a 13 prospective permittee must show identification establishing his name and 14 address and he may be required by the commission to sign a consent to 15 the surrender of his permit upon egress from such area and, if he is 16 driving a motor vehicle, to an inspection of his motor vehicle upon 17 egress from such area. Any person desiring a permit to enter an air 18 freight security area may be denied such permit by the commission in its 19 discretion if the commission determines that the presence of such person 20 in such area would constitute a danger to the public peace or safety. 21 3. Any person whose business, employment or occupation requires him to 22 have ingress upon a regular basis to an air freight security area shall 23 be required, in order to obtain ingress to such area, to apply to the 24 commission for a permit for a fixed period of duration to be determined 25 by the commission. Such applicant for a permit of a fixed period of 26 duration shall fulfill the same requirements as the prospective licensee 27 for an airfreightman's license. The commission may in the exercise of 28 its discretion suspend or revoke such permit of a fixed period of dura- 29 tion for the same causes which would permit the commission to revoke the 30 license of an airfreightman. 31 4. The commission shall have the power to inspect any truck or any 32 other motor vehicle within an air freight security area. 33 5. The provisions of this article shall not be applicable to any 34 person who is a member of the flight crew or flight personnel of an 35 aircraft which is operated by an air carrier and which is located within 36 an air freight security area upon a showing of such identification as 37 may be required by the commission. 38 § 3308. Hearings, determinations and review. 1. The commission shall 39 not deny any application for a license or permit without giving the 40 applicant or prospective licensee or permittee reasonable prior notice 41 and an opportunity to be heard. 42 2. Any application for a license or permit, and any license or permit 43 issued, may be denied, revoked or suspended, as the case may be, only in 44 the manner prescribed in this section. 45 3. The commission may on its own initiative or on complaint of any 46 person, including any public official or agency, institute proceedings 47 to revoke or suspend any license or permit after a hearing at which the 48 licensee or permittee and any person making such complaint shall be 49 given an opportunity to be heard, provided that any order of the commis- 50 sion revoking or suspending any license or permit shall not become 51 effective until fifteen days subsequent to the serving of notice thereof 52 upon the licensee or permittee unless in the opinion of the commission 53 the continuance of the license or permit for such period would be inimi- 54 cal to the public peace or safety. Such hearings shall be held in such 55 manner and upon such notice as may be prescribed by the rules of theA. 9644 181 1 commission, but such notice shall be of not less than ten days and shall 2 state the nature of the complaint. 3 4. Pending the determination of such hearing pursuant to subdivision 4 three of this section, the commission may temporarily suspend a license 5 or permit if in the opinion of the commission the continuance of the 6 license or permit for such period is inimical to the public peace or 7 safety. 8 5. The commission, or such member, officer, employee or agent of the 9 commission as may be designated by the commission for such purpose, 10 shall have the power to issue subpoenas throughout both states to compel 11 the attendance of witnesses and the giving of testimony or production of 12 other evidence and to administer oaths in connection with any such hear- 13 ing. It shall be the duty of the commission or of any such member, 14 officer, employee or agent of the commission designated by the commis- 15 sion for such purpose to issue subpoenas at the request of and upon 16 behalf of the licensee, permittee or applicant. The commission or such 17 person conducting the hearing shall not be bound by common law or statu- 18 tory rules of evidence or by technical or formal rules or procedure in 19 the conduct of such hearing. 20 6. Upon the conclusion of the hearing, the commission shall take such 21 action upon such findings and determinations as it deems proper and 22 shall execute an order carrying such findings into effect. The action 23 in the case of an application for a license or permit shall be the 24 granting or denial thereof. The action in the case of a licensee or 25 permittee shall be revocation of the license or permit or suspension 26 thereof for a fixed period or reprimand or a dismissal of the charges. 27 7. The action of the commission in denying any application for a 28 license or permit or in suspending or revoking such license or permit or 29 in reprimanding a licensee or permittee shall be subject to judicial 30 review by a proceeding instituted in either state at the instance of the 31 applicant, licensee or permittee in the manner provided by the law of 32 such state for review of the final decision or action of administrative 33 agencies of such state, provided, however, that notwithstanding any 34 other provision of law the court shall have power to stay for not more 35 than thirty days an order of the commission suspending or revoking a 36 license or permit. 37 8. At hearings conducted by the commission pursuant to this section, 38 applicants, prospective licensees and permittees, licensees and permit- 39 tees shall have the right to be accompanied and represented by counsel. 40 9. After the conclusion of a hearing but prior to the making of an 41 order by the commission, a hearing may, upon petition and in the 42 discretion of the hearing officer, be reopened for the presentation of 43 additional evidence. Such petition to reopen the hearing shall state in 44 detail the nature of the additional evidence, together with the reasons 45 for the failure to submit such evidence prior to the conclusion of the 46 hearing. The commission may upon its own motion and upon reasonable 47 notice reopen a hearing for the presentation of additional evidence. 48 Upon petition, after the making of an order of the commission, rehearing 49 may be granted in the discretion of the commission. Such a petition for 50 rehearing shall state in detail the grounds upon which the petition is 51 based and shall separately set forth each error of law and fact alleged 52 to have been made by the commission in its determination, together with 53 the facts and arguments in support thereof. Such petition shall be 54 filed with the commission not later than thirty days after service of 55 such order unless the commission for good cause shown shall otherwiseA. 9644 182 1 direct. The commission may upon its own motion grant a rehearing after 2 the making of an order. 3 § 3309. Expenses of administration. 1. In addition to the budget of 4 its expenses under the waterfront commission compact, the commission 5 shall annually adopt a budget of its expenses under this compact for 6 each year. The annual budget shall be submitted to the governors of the 7 two states and shall take effect as submitted provided that either 8 governor may within thirty days disapprove or reduce any item or items, 9 and the budget shall be adjusted accordingly. 10 2. After taking into account such funds as may be available to it from 11 reserves in excess of ten per cent of such budget under this compact, 12 federal grants, or otherwise, the balance of the commission's budgeted 13 expenses shall be obtained by fees payable under this article and by 14 assessments upon employers of persons licensed under this compact as 15 provided in this article. 16 3. With respect to airfreightmen and airfreightman supervisors who are 17 employed by an air freight truck carrier regularly to move freight to or 18 from an airport, the employers shall pay to the commission for each such 19 airfreightman and airfreightman supervisor a license fee to be deter- 20 mined by the commission, not in excess of one hundred dollars for each 21 year, commencing with the first day of April. The employer of every 22 person who is issued a permit of fixed duration by the commission for 23 ingress to an air freight security area, or the permittee himself if he 24 is self-employed, shall pay to the commission a fee to be determined by 25 the commission, not in excess of seventy-five dollars for each year, 26 commencing with the first day of April. The commission shall reduce the 27 maximum fees payable under this section proportionately with any 28 reduction in the maximum assessment rate of two per cent provided for by 29 this section. 30 4. Every employer of airfreightmen and airfreightman supervisors 31 licensed by the commission, except as otherwise provided in subdivision 32 three of this section, shall pay to the commission an assessment 33 computed upon the gross payroll payments made by such employer to airfr- 34 eightmen and airfreightman supervisors for work performed as such, at a 35 rate, not in excess of two per cent, computed by the commission, in the 36 following manner: the commission shall annually estimate the fees paya- 37 ble under this section and the gross payroll payments to be made by 38 employers subject to assessment and shall compute the fees and a rate of 39 assessment which will yield revenues sufficient to finance the balance 40 of the commission's budget for each year as provided in subdivision two 41 of this section. The commission may hold in reserve an amount not to 42 exceed ten per cent of its total budgeted expenses for the year, which 43 reserve shall not be included as part of the budget. Such reserve shall 44 be held for the stabilization of annual assessments, the payment of 45 operating deficits and for the repayment of any advances made by the two 46 states. 47 5. The amount required to balance the commission's budget in excess of 48 the estimated yield of the maximum fees and assessment, shall be certi- 49 fied by the commission, with the approval of the respective governors, 50 to the legislatures of the two states, in proportion to the respective 51 totals of the assessments and fees paid to the commission by persons in 52 each of the two states. The legislatures shall annually appropriate to 53 the commission the amount so certified. 54 6. The assessments and fees hereunder shall be in lieu of any other 55 charge for the issuance of licenses or permits by the commission pursu- 56 ant to this compact.A. 9644 183 1 7. In addition to any other sanction provided by law, the commission 2 may revoke or suspend any license or permit held by any employer under 3 this compact and/or the license or permit held under this compact by any 4 employees of such employer, or the permit held under this compact by any 5 permittee who is self-employed, and in addition the commission may deny 6 ingress to such employers, employees or permittees to air freight secu- 7 rity areas, for nonpayment of any assessment or fee when due. 8 8. Every person subject to the payment of any assessment under this 9 compact shall file on or before the twentieth day of the first month of 10 each calendar quarter-year a separate return, together with the payment 11 of the assessment due, for the preceding calendar quarter-year during 12 which any payroll payments were made to licensed persons for whom 13 assessments are payable for work performed as such. Returns covering the 14 amount of assessment payable shall be filed with the commission on forms 15 to be furnished for such purpose and shall contain such data, informa- 16 tion or matter as the commission may require to be included therein. 17 The commission may grant a reasonable extension of time for filing 18 returns, or for payment of assessment, whenever good cause exists. 19 Every return shall have annexed thereto a certification to the effect 20 that the statements contained therein are true. 21 9. Every person subject to the payment of assessment hereunder shall 22 keep an accurate record of his employment of licensed persons for whom 23 assessments are payable, which shall show the amount of compensation 24 paid and such other information as the commission may require. Such 25 records shall be preserved for a period of three years and be open for 26 inspection at reasonable times. The commission may consent to the 27 destruction of any such records at any time after said period or may 28 require that they be kept longer but not in excess of six years. 29 10. (a) The commission shall audit and determine the amount of assess- 30 ment due from the return filed and such other information as is avail- 31 able to it. Whenever a deficiency in payment of the assessment is 32 determined the commission shall give notice of any such determination to 33 the person liable therefor. Such determination shall finally and 34 conclusively fix the amount due, unless the person against whom it is 35 assessed shall, within thirty days after the giving of notice of such 36 determination, apply in writing to the commission for a hearing, or 37 unless the commission on its own motion shall reduce the same. After 38 such hearing, the commission shall give notice of its decision to the 39 person liable therefor. A determination of the commission under this 40 subdivision shall be subject to judicial review, if application for such 41 review is made within thirty days after the giving of notice of such 42 decision. Any determination under this section shall be made within 43 five years from the time the return was filed and if no return was filed 44 such determination may be made at any time. 45 (b) Any notice authorized or required under this section may be given 46 by mailing the same to the person for whom it is intended at the last 47 address given by him to the commission, or in the last return filed by 48 him with the commission under this section, or if no return has been 49 filed then to such address as may be obtainable. The mailing of such 50 notice shall be presumptive evidence of the receipt of same by the 51 person to whom addressed. Any period of time, which is determined 52 according to the provision of this subdivision, for the giving of notice 53 shall commence to run from the date of mailing of such notice. 54 11. Every person required to pay a fee for a license or a permit under 55 this section shall pay the same upon filing of the application with the 56 commission for such license or permit. The fee for such license orA. 9644 184 1 permit shall be prorated for the fiscal year for which the same is paya- 2 ble as of the date the application for such license or permit is filed 3 with the commission. The commission shall prorate and make a refund of 4 such fee for the period between the date of application and the date of 5 the issuance of such license or permit. Upon surrender of such license 6 or permit or upon the revocation of any such license or permit issued to 7 an employee before the expiration of the fiscal year, the commission 8 shall make a refund prorated for the unexpired portion of the year, less 9 ten per cent of such refund. In the event of denial of any application 10 for a license or permit, the commission shall refund the fee paid upon 11 application, less ten per cent of such refund. 12 12. Whenever any person shall fail to pay, within the time limited 13 herein, any assessment or fee which he is required to pay to the commis- 14 sion under the provisions of this section the commission may enforce 15 payment of such assessment or fee by civil action for the amount of such 16 assessment or fee with interest and penalties. 17 13. The employment by a nonresident of a licensed person or permittee 18 for whom assessments or fees are payable in either state or the desig- 19 nation by a nonresident of a licensed person or permittee to perform 20 work in such state shall be deemed equivalent to an appointment by such 21 nonresident of the secretary of state of such state to be his true and 22 lawful attorney upon whom may be served the process in any action or 23 proceeding against him growing out of any liability for assessments or 24 fees, penalties or interest, and a consent that any such process against 25 him which is so served shall be of the same legal force and validity as 26 if served on him personally within such state and within the territorial 27 jurisdiction of the court from which the process issues. Service of 28 process within either state shall be made by either (1) personally 29 delivering to and leaving with the secretary of state or a deputy secre- 30 tary of state of such state duplicate copies thereof at the office of 31 the department of state in the capital city of such state, in which 32 event such secretary of state shall forthwith send by registered mail 33 one of such copies to the person at the last address designated by him 34 to the commission for any purpose under this section or in the last 35 return filed by him under this section with the commission or as shown 36 on the records of the commission, or if no return has been filed, at his 37 last known office address within or without such state, or (2) 38 personally delivering to and leaving with the secretary of state or a 39 deputy secretary of state of such state a copy thereof at the office of 40 the department of state in the capital city of such state and by deliv- 41 ering a copy thereof to the person, personally without such state. 42 Proof of such personal service without such state shall be filed with 43 the clerk of the court in which the process is pending within thirty 44 days after such service and such service shall be complete ten days 45 after proof thereof is filed. 46 14. Whenever the commission shall determine that any moneys received 47 as assessments or fees were paid in error, it may cause the same to be 48 refunded, provided an application therefor is filed with the commission 49 within two years from the time the erroneous payment was made. 50 15. In addition to any other powers authorized hereunder, the commis- 51 sion shall have power to make reasonable rules and regulations to effec- 52 tuate the purposes of this section. 53 16. When any person shall wilfully fail to pay any assessment or fee 54 due hereunder he shall be assessed interest at a rate of one per cent 55 per month on the amount due and unpaid and penalties of five per cent of 56 the amount due for each thirty days or part thereof that the assessmentA. 9644 185 1 remains unpaid. The commission may, for good cause shown, abate all or 2 part of such penalty. 3 17. Any person who shall wilfully furnish false or fraudulent infor- 4 mation or shall wilfully fail to furnish pertinent information as 5 required, with respect to the amount of any assessment or fee due, shall 6 be guilty of a misdemeanor, punishable by a fine of not more than one 7 thousand dollars, or imprisonment for not more than one year, or both. 8 18. All funds of the commission shall be deposited with such responsi- 9 ble banks or trust companies as may be designated by the commission. 10 The commission may require that all such deposits be secured by obli- 11 gations of the United States or of the states of New York or New Jersey 12 of a market value equal at all times to the amount of the deposits, and 13 all banks and trust companies are authorized to give such security for 14 such deposits. The moneys so deposited shall be withdrawn only by check 15 signed by two members of the commission or by such other officers or 16 employees of the commission as it may from time to time designate. 17 19. The accounts, books and records of the commission, including its 18 receipts, disbursements, contracts, leases, investments and any other 19 matters relating to its financial standing shall be examined and audited 20 annually by independent auditors to be retained for such purpose by the 21 commission. 22 20. The commission shall reimburse each state for any funds advanced 23 to the commission exclusive of sums appropriated pursuant to subdivision 24 five of this section. 25 § 3310. General violations; prosecutions; penalties. 1. The failure 26 of any witness, when duly subpoenaed to attend, to give testimony or 27 produce other evidence in any investigation, interview or other proceed- 28 ing conducted by the commission pursuant to the provisions of this 29 compact, shall be punishable by the superior court in New Jersey and the 30 supreme court in New York in the same manner as said failure is punisha- 31 ble by such court in a case therein pending. 32 2. Any person who, having been duly sworn or affirmed as a witness in 33 any investigation, interview or other proceeding conducted by the 34 commission pursuant to the provisions of this compact, shall wilfully 35 give false testimony shall be guilty of a misdemeanor punishable by a 36 fine of not more than one thousand dollars or imprisonment for not more 37 than one year or both. 38 3. Any person who interferes with or impedes the orderly licensing of 39 or orderly granting of any permits to any other person pursuant to this 40 compact, or who attempts, conspires, or threatens so to do, shall be 41 guilty of a misdemeanor punishable by a fine of not more than one thou- 42 sand dollars or imprisonment for not more than one year or both. 43 4. Any person who directly or indirectly inflicts or threatens to 44 inflict any injury, damage, harm or loss or in any other manner prac- 45 tices intimidation upon or against any person in order to induce or 46 compel such person or any other person to refrain from obtaining a 47 license or permit pursuant to this compact shall be guilty of a misde- 48 meanor punishable by a fine of not more than one thousand dollars or 49 imprisonment for not more than one year or both. 50 5. Any person who, without justification or excuse in law, directly or 51 indirectly, intimidates or inflicts any injury, damage, harm, loss or 52 economic reprisal upon any person who holds a license or permit issued 53 by the commission pursuant to this compact, or any other person, or 54 attempts, conspires or threatens so to do, in order to interfere with, 55 impede or influence such licensee or permittee in the performance or 56 discharge of his duties or obligations shall be guilty of a misdemeanor,A. 9644 186 1 punishable by a fine of not more than one thousand dollars or imprison- 2 ment of not more than one year or both. 3 6. Any person who shall violate any of the provisions of this compact, 4 for which no other penalty is prescribed, shall be guilty of a misdemea- 5 nor, punishable by a fine of not more than one thousand dollars or by 6 imprisonment for not more than one year or both. 7 7. In any prosecution under this compact, it shall be sufficient to 8 prove only a single act (or a single holding out or attempt) prohibited 9 by law without having to prove a general course of conduct, in order to 10 prove a violation. 11 § 3311. Amendments; construction; short title. 1. Amendments and 12 supplements to this compact to implement the purposes thereof may be 13 adopted by the action of the legislature of either state concurred in by 14 the legislature of the other. 15 2. If any part or provision of this compact or the application there- 16 of to any person or circumstances be adjudged invalid by any court of 17 competent jurisdiction, such judgment shall be confined in its operation 18 to the part, provision or application directly involved in the contro- 19 versy in which such judgment shall have been rendered and shall not 20 affect or impair the validity of the remainder of this compact or the 21 application thereof to other persons or circumstances and the two states 22 hereby declare that they would have entered into this compact or the 23 remainder thereof had the invalidity of such provision or application 24 thereof been apparent. 25 3. In accordance with the ordinary rules for construction of inter- 26 state compacts this compact shall be liberally construed to eliminate 27 the evils described therein and to effectuate the purposes thereof. 28 4. This compact shall be known and may be cited as the "Airport 29 Commission Compact". 30 PART V 31 OFFICERS AND EMPLOYEES; 32 CIVIL PENALTIES AND ENFORCEMENT 33 3401. Prohibition against unions having officers, agents or 34 employees who have been convicted of certain crimes and 35 offenses. 36 3402. Prohibition against employer organizations having offi- 37 cers, agents or employees who have been convicted of 38 certain crimes and offenses. 39 3403. Exceptions to sections thirty-four hundred one and thir- 40 ty-four hundred two of this part for certain employees. 41 3404. Civil penalties. 42 3405. Civil enforcement. 43 3406. Exemption from arrest and service of process. 44 3407. Nonresident witnesses. 45 3408. Officers and employees. 46 3409. Penalties. 47 3410. Short title. 48 § 3401. Prohibition against unions having officers, agents or employ- 49 ees who have been convicted of certain crimes and offenses. No person 50 shall solicit, collect or receive any dues, assessments, levies, fines 51 or contributions, or other charges within the state for or on behalf of 52 any labor organization which receives, directly or indirectly, twenty 53 per cent or more of its dues, assessments, levies, fines or contrib-A. 9644 187 1 utions, or other charges from persons who hold licenses issued by the 2 commission pursuant to the airport commission compact, or for or on 3 behalf of a labor organization which derives its charter from a labor 4 organization which receives, directly or indirectly, twenty per cent or 5 more of its dues, assessments, levies, fines or contributions, or other 6 charges from persons who hold licenses issued by the commission pursuant 7 to the airport commission compact, if any officer, agent or employee of 8 such labor organization, or of a welfare fund or trust administered 9 partially or entirely by such labor organization or by trustees or other 10 persons designated by such labor organization, has been convicted by a 11 court of the United States, or any state or territory thereof, of a 12 felony, any misdemeanor involving moral turpitude or any crime or 13 offense enumerated in subdivision (a) of subdivision three of section 14 thirty-three hundred five of this article, unless he has been subse- 15 quently pardoned therefor by the governor or other appropriate authority 16 of the state or jurisdiction in which such conviction was had or has 17 received a certificate of good conduct or other relief from disabili- 18 ties arising from the fact of conviction from a board of parole or simi- 19 lar authority. No person so convicted shall serve as an officer, agent 20 or employee of such labor organization, welfare fund or trust unless 21 such person has been so pardoned or has received such a certificate of 22 good conduct. No person, including such labor organization, welfare 23 fund or trust, shall knowingly permit such convicted person to assume or 24 hold any office, agency or employment in violation of this section. 25 As used in this section, the term "labor organization" shall mean and 26 include any organization which exists and is constituted for the purpose 27 in whole or in part of collective bargaining, or of dealing with employ- 28 ers concerning grievances, terms and conditions of employment, or of 29 other mutual aid or protection; but it shall not include a federation 30 or congress of labor organizations organized on a national or interna- 31 tional basis even though one of its constituent labor organizations may 32 represent persons who hold licenses issued by the commission pursuant to 33 the airport commission compact. 34 § 3402. Prohibition against employer organizations having officers, 35 agents or employees who have been convicted of certain crimes and 36 offenses. No person shall solicit, collect or receive any dues, assess- 37 ments, levies, fines or contributions, or other charges within the state 38 for or on behalf of any organization of employers (whether incorporated 39 or not) twenty per cent or more of whose members have in their employ- 40 ment any employees who are members of a labor organization to which the 41 prohibition of section thirty-four hundred one of this part is applica- 42 ble, if any officer, agent or employee of such employer organization or 43 of a welfare fund or trust administered partially or entirely by such 44 employer organization or by trustees or other persons designated by such 45 employer organization, has been convicted by a court of the United 46 States, or any state or territory thereof, of a felony, any misdemeanor 47 involving moral turpitude or any crime or offense enumerated in para- 48 graph (a) of subdivision three of section thirty-three hundred five of 49 the compact established pursuant to part IV of this article, unless he 50 has been subsequently pardoned therefor by the governor or other appro- 51 priate authority of the state or jurisdiction in which such conviction 52 was had or has received a certificate of good conduct or other relief 53 from disabilities arising from the fact of conviction from a board of 54 parole or similar authority. No person so convicted shall serve as an 55 officer, agent or employee of such employer organization, welfare fund 56 or trust unless such person has been so pardoned or has received such aA. 9644 188 1 certificate of good conduct. No person, including such employer organ- 2 ization, welfare fund or trust, shall knowingly permit such convicted 3 person to assume or hold any office, agency or employment in violation 4 of this section. 5 § 3403. Exceptions to sections thirty-four hundred one and thirty-four 6 hundred two of this part for certain employees. If upon application to 7 the commission by an employee who has been convicted of a crime or 8 offense specified in section thirty-four hundred one or section thirty- 9 four hundred two of this part the commission, in its discretion, deter- 10 mines in an order that it would not be contrary to the purposes and 11 objectives of the airport commission compact for such employee to work 12 in a particular employment otherwise prohibited by section thirty-four 13 hundred one or section thirty-four hundred two, the provisions of 14 section thirty-four hundred one or section thirty-four hundred two, as 15 the case may be, shall not apply to the particular employment of such 16 employee with respect to such conviction or convictions as are specified 17 in the commission's order. This section is applicable only to those 18 employees who for wages or salary perform manual, mechanical or physical 19 work of a routine or clerical nature at the premises of the labor organ- 20 ization, employer organization, welfare fund or trust by which they are 21 employed. 22 § 3404. Civil penalties. The commission may maintain a civil action 23 on behalf of the state against any person who violates or attempts or 24 conspires to violate any provision of this part or who fails, omits or 25 neglects to obey, observe or comply with any order or direction of the 26 commission issued under this part, to recover a judgment for a money 27 penalty not exceeding five hundred dollars for each and every offense. 28 Every violation of any such provision, order or direction shall be a 29 separate and distinct offense and, in case of a continuing violation, 30 every day's continuance shall be and be deemed to be a separate and 31 distinct offense. Any such action may be settled or discontinued on 32 application of the commission upon such terms as the court may approve 33 and a judgment may be rendered for an amount less than the amount 34 demanded in the complaint as justice may require. 35 § 3405. Civil enforcement. The commission may maintain a civil action 36 against any person to compel compliance with any of the provisions of 37 this compact or any order or direction of the commission issued under 38 this compact or to prevent violations, attempts or conspiracies to 39 violate any such provisions, or interference, attempts or conspiracies 40 to interfere with or impede the enforcement of any such provisions or 41 the exercise or performance of any power or duty thereunder, either by 42 mandamus, injunction or action or proceeding in lieu of prerogative 43 writ. 44 § 3406. Exemption from arrest and service of process. If a person in 45 obedience to a subpoena, issued pursuant to this part directing him to 46 attend and testify comes into either state party to this part from the 47 other state, he shall not, while in that state pursuant to such subpoe- 48 na, be subject to arrest or the service of process, civil or criminal, 49 in connection with matters which arose before his entrance into such 50 state under the subpoena. 51 § 3407. Nonresident witnesses. Any investigation, interview or other 52 proceeding conducted by the commission pursuant to the provisions of 53 this compact shall be deemed to be a civil action pending in the supreme 54 court in New York or in the superior court in New Jersey so as to permit 55 the commission to obtain disclosure, in accordance with the provisionsA. 9644 189 1 governing disclosure in such civil actions, from any person who may be 2 outside the states. 3 § 3408. Officers and employees. Any officer or employee in the state, 4 county or municipal civil service in either state who shall transfer to 5 service with the commission may be given one or more leaves of absence 6 without pay and may, before the expiration of such leave or leaves of 7 absence, and without further examination or qualification, return to his 8 former position or be certified by the appropriate civil service agency 9 for retransfer to a comparable position in such state, county, or munic- 10 ipal civil service if such a position is then available. 11 The commission may, by agreement with any federal agency from which 12 any officer or employee may transfer to service with the commission, 13 make similar provision for the retransfer of such officer or employee to 14 such federal agency. 15 Notwithstanding the provisions of any other law in either state, any 16 officer or employee in the state, county or municipal service in either 17 state who shall transfer to service with the commission and who is a 18 member of any existing state, county or municipal pension or retirement 19 system in New Jersey or New York, shall continue to have all rights, 20 privileges, obligations and status with respect to such fund, system or 21 systems as if he had continued in his state, county or municipal office 22 or employment, but during the period of his service as a member, officer 23 or employee of the commission, all contributions to any pension or 24 retirement fund or system to be paid by the employer on account of such 25 member, officer or employee, shall be paid by the commission. The 26 commission may, by agreement with the appropriate federal agency, make 27 similar provisions relating to continuance of retirement system member- 28 ship for any federal officer or employee so transferred. 29 § 3409. Penalties. Any person who shall violate any of the provisions 30 of this compact, for which no other penalty is prescribed, shall be 31 guilty of a misdemeanor, punishable by a fine of not more than one thou- 32 sand dollars or imprisonment for not more than one year or both. 33 § 3410. Short title. This part shall be known and may be cited as the 34 "Waterfront and airport commission act". 35 § 31. Chapter 28 of the consolidated laws constituting the interstate 36 authorities law created by section thirty of this act shall be deemed 37 for all purposes to be a continuation of the port authority of New York 38 and New Jersey as it was constituted immediately preceding the effective 39 date of this act and shall not be construed as a newly created authori- 40 ty. All unexpended balances of appropriations of monies heretobefore 41 made or allocated to the port authority of New York and New Jersey as 42 such authority was constituted immediately preceding the effective date 43 of this act, whether obligated or unobligated, are hereby transferred to 44 and made available to the port authority of New York and New Jersey as 45 created in section thirty of this act. All rules, regulations, orders, 46 determinations, and decisions of the port authority of New York and New 47 Jersey, as it was constituted immediately preceding the effective date 48 of this act, shall continue in full force and effect as rules, regu- 49 lations, orders, determinations and decisions of the port authority of 50 New York and New Jersey created by section thirty of this act. 51 § 32. Severability clause. If any clause, sentence, paragraph, subdi- 52 vision, section or part of this act shall be adjudged by any court of 53 competent jurisdiction to be invalid, such judgment shall not affect, 54 impair, or invalidate the remainder thereof, but shall be confined in 55 its operation to the clause, sentence, paragraph, subdivision, section 56 or part thereof directly involved in the controversy in which such judg-A. 9644 190 1 ment shall have been rendered. It is hereby declared to be the intent of 2 the legislature that this act would have been enacted even if such 3 invalid provisions had not been included herein. 4 § 33. This act shall take effect upon the enactment into law by the 5 state of New Jersey of legislation having an identical effect with this 6 act, but if the state of New Jersey shall have already enacted such 7 legislation this act shall take effect on the one hundred eightieth day 8 after it shall have become a law. Effective immediately, the addition, 9 amendment and/or repeal of any rule or regulation necessary for the 10 implementation of this act on its effective date are authorized to be 11 made and completed on or before such effective date. The chairman of the 12 port authority shall notify the legislative bill drafting commission 13 upon the enactment into law of such legislation by both such states in 14 order that the commission may maintain an accurate and timely effective 15 data base of the official text of the laws of the state of New York in 16 furtherance of effecting the provision of section 44 of the legislative 17 law and section 70-b of the public officers law. SUMMARY OF WATERFRONT COMMISSION ACT Chapter 882 of the laws of 1953, effective June 30, 1953, authorizes a Compact between the States of New Jersey and New York to improve water- front labor conditions in the port of New York District, establishes a bi-state commission to administer the plan, and provides that in the interim, until Congress grants its consent to the Compact, the two states may separately but cooperatively place the program in operation. The Interim Arrangement Since there may be some delay in procuring Congressional consent, the statute in each State provides for a single-state commission to perform within the State the functions of the bi-state commission until Congres- sional approval to the Compact is obtained. The bill is so drafted that the Commission will be able to function in each State from the time of enactment of the bill. Section 3 authorizes the Commissioners from each State to work in the closest possible cooperation with each other to effectuate the purposes of the Act. The State of New York will advance $400,000 to the Commission and the State of New Jersey, $200,000, to provide initial funds for the opera- tion of the Commission. The licensing, registration and employment center provisions of the bill do not become operative until December 1, 1953. The Compact The proposed Compact is set forth in the sixteen articles which make up Section 1 of the bill. Legislative Findings Article I contains legislative declarations and findings which reflect the conclusions set forth in the Report of the New York State Crime Commission on the port of New York Waterfront, the record of the public hearings held thereon by Governor Thomas E. Dewey on June 8 and 9, 1953 and the companion report of the New Jersey Law Enforcement Council. In substance the findings are that the methods now used in the Port of NewA. 9644 191 York District for hiring waterfront labor, and the conduct of the busi- ness of public loading and stevedoring are uneconomic, unjust and degrading insofar as the worker is concerned, foster waterfront crime and corruption, and adversely affect the economical and expeditious handling of port commerce. Accordingly, it is declared that the present practices of public loaders must be eliminated and that the occupations of stevedores, pier superintendents, hiring agents, pier watchmen and longshoreman must be regulated in the public interest. Basic Plan The plan to improve waterfront labor conditions has five basic features: 1. Licensing of pier superintendents and hiring agents,-only persons of good character (convicted criminals are barred for at least five years) will be licensed for these key positions. The license must be requested by the employer concerned, is good only for the duration of the employment and may be revoked for specified cause; 2. Licensing of stevedores and port watchmen; 3. The abolition of "public loading;" 4. Registration of longshoremen,-the right to register is absolute unless the person had been convicted of a crime (but this disqualifica- tion may be waived by the Commission) or is engaged in subversive activ- ity or unless his employment on the waterfront is clearly likely to endanger the public peace or safety. Longshoremen who are not attached to the waterfront labor market may be dropped from the register under specified conditions thus providing more and steadier work for and increasing the earning capacity of those who depend on this work for their livelihood; 5. Operation by the Commission of regionally located employment exchanges for registered longshoremen and licensed port watchmen, replacing the wasteful and inhuman "shape-up" method, providing informa- tion as to available employment and flexibility in obtaining such employment, but without interference with employer-employee freedom of selection or with provisions of collective bargaining agreements. The rights of licensees and registrants are carefully protected by procedural safeguards set forth in Article XI including hearings, court review and other requirements for the protection of the individual. The Waterfront Commission Article III creates the Waterfront Commission of New York Harbor. The commission consists of two members, one from each State appointed by the Governor with the consent of the Senate, to serve for a term of three years. It is contemplated that they may be compensated either on a full time or per diem basis dependent upon whether the office will be a poli- cy making one with administration delegated to an Executive Director or a full time executive assignment. Appropriate provision is made for the transfer of civil service employees to service with the Commission without loss of Civil Service or retirement privileges. The general powers of the Commission as set forth in Article IV are to make rules and regulations to carry out the statutory plan, to adminis- ter oaths and issue subpoenas, to have access to the waterfront in the performance of its duties, to investigate waterfront practices in the port district and to advise and consult with other public officers andA. 9644 192 with representatives of labor and industry on matters within its juris- diction, including problems involved in rule making, in the granting and denial of registrations and licenses and in the maintenance of the longshoremen's register. The Commission is required to report annually to the Governors and Legislatures of both States and to make recommenda- tions for the improvement of the conditions of waterfront labor within the port district. In order to insure that public regulation of waterfront labor prac- tices shall no unnecessarily continue once law and order has been restored to the waterfront, the Commission is expressly required to include in its Annual Report findings as to whether the public necessity still exists for continued registration of longshoremen, licensing of the other waterfront occupations and public operation of the employment information centers. Licensing of Pier Superintendents and Hiring Agents Article V requires that on and after December 1, 1953, any person who wishes to act as a pier superintendent or hiring agent for a shipping company or stevedore at a pier or other waterfront terminal within the port district must be licensed. Because pier superintendents and hiring agents are, or should be, key supervisory representatives of the employ- er for whose acts the employer should be held responsible, the applica- tion for these licenses is to be made by the prospective employer. A person is disqualified for either of theses licenses if he has been convicted of a felony or high misdemeanor or of the following violations of law which, while less serious in themselves, make him a bad risk for waterfront employment:-illegally using, carrying or possessing a danger- ous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry; aiding an escape from prison; unlawfully possessing or distributing narcotic drugs and previous violation of the Compact. However, if a person so disqualified submits satisfactory evidence of good conduct for at least five years, the Commission may waive this statutory disability. Additional grounds for disqualification for a license as a pier super- intendent or hiring agent include subversive activities by the applicant or a finding that he is not a person of good character or integrity. The term of a pier superintendent's or hiring agent's license is tied to his employment by the employer-applicant. However, it may be revoked or suspended or he may be reprimanded for the following specified caus- es:-violation of the Compact; conviction of a crime or other cause which would have been disqualifying originally; consorting with criminals for an unlawful purpose; fraud in securing the license or while acting ther- eunder; addition to or trafficking in narcotic drugs; violation of the Compact; bribing public officers or anyone else to violate their duties under the Compact; unwarranted giving of his license to someone else; impersonation of another licensee; accepting a bribe in connection with his work; coercion of longshoremen; lending money to or borrowing money from a longshoreman for a fee. Pier superintendents and hiring agents are ineligible for membership in any union which represent longshoremen. Stevedores Article VI requires that on and after December 1, 1953 all stevedores in the port district must be licensed. The license application mustA. 9644 193 fully disclose the real parties in interest. A license will be granted if the Commission is satisfied as to the good character and integrity of the real parties in interest and if the applicant is a bona fide steve- dore, that is to say that he has, or will, if licensed, have a contract with a shipping company to load and unload the company's ships at a pier in this port. Prior conviction of the same serious crimes which disqualify pier superintendents and hiring agents also disqualify a stevedore. The Commission is authorized to waive this disqualification upon a showing of at least five years' good conduct. Additional grounds for disquali- fication in the case of stevedores are prescribed to accord with the Crime Commission's specific findings of abuses and evils now prevalent in this industry. These include payments made for an improper or unlaw- ful purpose and are designed to reach the payment of bribes to a shipper to obtain a stevedoring contract or to a union representative to betray his trust. Public Loading Article VII sets forth the States' policy against "public loading" and reviews the compelling policy reasons for abolition of the public loader system. Under the bill loading service will be performed in the port of New York as it is in every other major American port-by water carriers; operators of piers and other waterfront terminals at their own facili- ties; railroads, truckers, and other carriers in connection with freight being carried by them; shippers or consignees in connection with their own freight; and licensed stevedores, in the regular course of business, and through their own employees. Longshoremen A longshoremen's register is to be established by the Commission by December 1, 1953. Article VIII sets forth the provisions with respect to the registration of longshoremen. There is no fee for registration and no special qualifications are prescribed. The applicant must provide his name, address, social securi- ty number and such further facts as may be needed to establish his iden- tity and criminal record, if any. Conviction of certain serious crimes or engaging in subversive activ- ities is made basis for disqualification. The Commission, however, may waive the disqualification in a proper case and it may register a long- shoreman even though he has previously been convicted of a crime. In the light of the Crime Commission's disclosures of the activities of known waterfront gangsters who have so far escaped being convicted of crime, provision has been inserted to permit the Commission to deny registration as a longshoreman to a person "whose presence on the piers or other waterfront terminals in the port of New York district is found by the Commission, on the basis of the facts and evidence before it, to constitute a danger to the public peace or safety." A longshoreman may be removed or suspended from the register only for specified cause. In such case he is entitled to a hearing before the Commission, Counsel, his own witnesses, and court review. The causes specified are similar to those specified for removal of hiring agents and wilful acts involving physical injury to a person or damage to or misappropriation of property at a waterfront terminal.A. 9644 194 Article IX contains the provisions designed to permit purging the longshoremen's register periodically of drifters and floaters who, although they are not bona fide longshoremen, have been permitted under the present system to take work away from longshoremen who depend on it for their livelihood. For each six month period, and in advance, the Commission will estab- lish the minimum number of days a man must work or offer himself for work as a longshoreman in order to stay on the register. A person fail- ing so to qualify will be dropped on ten days' notice and cannot again be registered for one year unless he can show that his absence was occa- sioned by military service, sickness or other good cause. Port Watchmen Port watchmen will be licensed pursuant to Article X. Applicants must not only possess qualifications similar to those prescribed for pier superintendents, but must also meet reasonable standards of physical and mental fitness. Since these port watchmen are security officers, prior criminal convictions is an absolute bar to a license. Because of the nature of their duties, port watchmen are not permitted to belong to the same union as longshoremen or pier superintendents or hiring agents. The term of the port watchmen's license is three years and is not tied to a particular employment. The grounds for revocation or suspension are basically the same as those for pier superintendents and hiring agents. Hearings and Court Review Article XI safeguards the rights of licensees and registrants by prescribing procedures for Commission hearings and assuring court review of Commission determinations. A registered longshoreman or any licensee must be given notice of any charges made against him and is entitled to a hearing at which he may have counsel and cross examine witnesses and the licensee or longshoreman can require the Commission to subpoena witnesses requested by him. At least ten days advance notice of such a hearing must be provided. The refusal to register a longshoreman or issue a license cannot be effective until after opportunity has been afforded for such hearing and any Commission determination affecting the right to work is subject to court review. The reviewing court is granted power to stay the Commis- sion's action for thirty days. No provision is incorporated in the bill which makes refusal to testify or refusal to answer questions, without other cause, grounds for refusing or rescinding a license or registra- tion. Employment Information Centers Article XII authorizes the Commission to establish employment informa- tion centers throughout the port district to replace the "shape-up". All hiring of longshoremen and port watchmen will be through these publicly operated centers. The employer would have freedom of choice in the selection of employees at such centers but there would be no interfer- ence with normal and proper hiring practices, including the gang or unit system, or procedures established under collective bargaining agreements not inconsistent with the requirements of the Compact. The Commission will establish a system of records and communication with employers and workers designed to provide the maximum possible information as toA. 9644 195 available employment for longshoremen. The Commission is empowered to obtain any Federal assistance that may be available under the Wagner- Peyser Act for the operation of the employment centers. Expenses of Administration Article XIII and other sections of the act adopt the principle of charging the cost of administration upon the basis of service received. The Commission will prepare an annual budget of estimated expenses and assess the cost, over federal or other contributions, against the employers of the registered and licensed waterfront employees in propor- tion to their gross annual payments to such employees. The rate of assessment may not be more than two percent of the payroll payments. Expenses of the Commission, in excess of amounts produced by two percent payroll assessment will be met by the two States, proportionately, out of general revenues. Until the Commission is jointly established by the two States, or July 1, 1954, whichever is earlier, the rate will be one and one-half percent in each State. The budget of the Commission may be reduced or modified by the Gover- nor of each State. In addition, the Commission may establish procedures to enable employers to protest budget estimates and computations of the rate of assessment. It is felt that the savings to employers and consignees which may be obtained through a reduction in pilferage, the elimination of "phantom" employees from the payroll and other exactions and levies on commerce will greatly exceed the cost of administration of the waterfront commis- sion program. Violations Article XIV concerns general violations of the Compact and prose- cutions and penalties therefor. Contempt is made punishable in accord- ance with normal judicial process. Wilful, false statements under oath are constituted as perjury and other violations of the Compact or attempts or conspiracies to violate it are made punishable as is inter- ference with the orderly registration of longshoremen. The statute also prohibits loitering on the waterfront without satis- factory explanation. The language for this section is taken from compa- rable provisions of law which presently apply to subways, railroads, air and bus terminals. Section 8 prohibits the collection of funds for waterfront labor unions having officers or agents who are convicted felons unless they have been subsequently pardoned or have received in the State of New York a certificate of good conduct. Collective Bargaining Safeguarded There is nothing in the statute which is designed or can reasonably be construed to interfere in any way with the right of the waterfront industry to select its own employees, or with the right of industry and labor to bargain collectively and agree on any method for the selection of longshoremen and port watchmen by way of seniority, experience, regu- lar gangs or otherwise in conformity with the license, registration and employment information center provisions of the statute. Because of the apparent misunderstanding of this point reflected at the public hear-A. 9644 196 ings, express declaration to this effect has been included as Article XV in the Compact. Similarly, to obviate any misunderstanding, Article XV includes an express statement that the statute is not designed and shall not be construed to limit labor's rights.
