STATE OF NEW YORK
________________________________________________________________________
4623
2019-2020 Regular Sessions
IN SENATE
March 18, 2019
___________
Introduced by Sens. COMRIE, RANZENHOFER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Corporations,
Authorities and Commissions
AN ACT to repeal chapter 154 of the laws of 1921 relating to the port
authority of New York and New Jersey; to repeal chapter 43 of the laws
1922 relating to the development of the port of New York; to repeal
chapter 47 of the laws of 1931 relating to bridges and tunnels in New
York and New Jersey; to repeal chapter 700 of the laws of 1927 relat-
ing to the veto power of the governor; to repeal chapter 48 of the
laws of 1931 regulating the use of revenues received by the port of
New York authority from or in connection with the operation of termi-
nal and transportation facilities relating thereto; to repeal chapter
553 of the laws of 1931 relating to payment of a fair and reasonable
sum by the port authority; to repeal chapter 876 of the laws of 1935
relating to the payment of a fair and reasonable sum for a change in
grade; to repeal chapter 203 of the laws of 1938 relating to the sale
of real property acquired by the port authority; to repeal chapter 163
of the laws of 1945 relating to motor truck terminals; to repeal chap-
ter 352 of the laws of 1946 relating to monies for preliminary studies
upon the interstate vehicular bridges known as the Outerbridge cross-
ing, the Goethals bridge and the Bayonne bridge; to repeal chapter 443
of the laws of 1946 relating to the financing and effectuating of a
motor bus terminal by the port authority; to repeal chapter 631 of the
laws of 1947 relating to the development of marine terminals by the
port authority; to repeal chapter 802 of the laws of 1947 relating to
the financing of air terminals by the port authority; to repeal chap-
ter 819 of the laws of 1947 relating to the port authority's ability
to exercise the right of eminent domain; to repeal chapter 301 of the
laws of 1950 relating to suits against the port authority; to repeal
chapter 774 of the laws of 1950 relating to the rules and regulations
governing traffic on vehicular crossings operated by the port authori-
ty; to repeal chapter 206 of the laws of 1951 relating to traffic
regulations for air and marine terminals; to repeal chapter 207 of the
laws of 1951 relating to penalties for violation of rules and regu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08750-01-9
S. 4623 2
lations; to repeal chapter 142 of the laws of 1953 relating to smoking
regulations for air and marine terminals; to repeal chapter 143 of the
laws of 1953 relating to suits on leases at International Airport; to
repeal chapter 808 of the laws of 1955, relating to the Narrows
bridge; to repeal chapter 444 of the laws of 1956 relating to New
Jersey turnpike connections; to repeal chapter 638 of the laws of
1959, relating to the purchase, financing and rental of commuter rail-
road cars by the port of New York authority and agreeing with the
state of New Jersey with respect thereto; to repeal chapter 209 of the
laws of 1962, relating to the financing and effectuation by the port
of New York authority of a port development project, consisting of the
Hudson tubes, the Hudson tubes extensions and a world trade center; to
repeal chapter 665 of the laws of 1964, relating to the operation
within the state of New York of the Hudson tubes and the Hudson tubes
extensions; to repeal chapter 474 of the laws of 1971, relating to the
authorization of the port of New York authority to provide access by
mass transportation facilities to air terminals; to repeal chapter 651
of the laws of 1978, relating to the further coordination, facili-
tation, promotion, preservation and protection of trade and commerce
in and through the port of New York district through the financing and
effectuation of industrial development projects therein by the port
authority of New York and New Jersey, and agreeing with the state of
New Jersey with respect thereto; to repeal chapter 12 of the laws of
1979, relating to the acquisition, development, financing and transfer
of buses and related facilities by the port authority of New York and
New Jersey and the utilization thereof; to repeal chapter 882 of the
laws of 1953 relating to waterfront employment and air freight indus-
try regulation; and relating to constituting chapter 28 of the consol-
idated laws, in relation to the interstate authorities law
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Chapter 154 of the laws of 1921, constituting the Port of
2 New York Authority, is REPEALED.
3 § 2. Chapter 43 of the laws of 1922 relating to the development of the
4 port of New York is REPEALED.
5 § 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
6 New York and New Jersey is REPEALED.
7 § 4. Chapter 700 of the laws of 1927 relating to the veto power of the
8 governor is REPEALED.
9 § 5. Chapter 48 of the laws of 1931 regulating the use of revenues
10 received by the port of New York authority from or in connection with
11 the operation of terminal and transportation facilities is REPEALED.
12 § 6. Chapter 553 of the laws of 1931 relating to the payment of a fair
13 and reasonable sum by the port authority is REPEALED.
14 § 7. Chapter 876 of the laws of 1935 relating to the payment of a fair
15 and reasonable sum for a change in grade is REPEALED.
16 § 8. Chapter 203 of the laws of 1938 relating to the sale of real
17 property acquired by the port authority is REPEALED.
18 § 9. Chapter 163 of the laws of 1945 relating to motor truck terminals
19 is REPEALED.
20 § 10. Chapter 352 of the laws of 1946 relating to monies for prelimi-
21 nary studies upon the interstate vehicular bridges known as the Outer-
22 bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
S. 4623 3
1 § 11. Chapter 443 of the laws of 1946 relating to the financing and
2 effectuating of a motor bus terminal by the port authority is REPEALED.
3 § 12. Chapter 631 of the laws of 1947 relating to the development of
4 marine terminals by the port authority is REPEALED.
5 § 13. Chapter 802 of the laws of 1947 relating to the financing of air
6 terminals by the port authority is REPEALED.
7 § 14. Chapter 819 of the laws of 1947 relating to the port authority's
8 ability to exercise the right of eminent domain is REPEALED.
9 § 15. Chapter 301 of the laws of 1950 relating to suits against the
10 port authority is REPEALED.
11 § 16. Chapter 774 of the laws of 1950 relating to the rules and regu-
12 lations governing traffic on vehicular crossings operated by the port
13 authority is REPEALED.
14 § 17. Chapter 206 of the laws of 1951, relating to traffic regulations
15 for air and marine terminals, is REPEALED.
16 § 18. Chapter 207 of the laws of 1951, relating to penalties for
17 violation of rules and regulations, is REPEALED.
18 § 19. Chapter 142 of the laws of 1953, relating to smoking regulations
19 for air and marine terminals, is REPEALED.
20 § 20. Chapter 143 of the laws of 1953, relating to suits on leases at
21 International Airport, is REPEALED.
22 § 21. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
23 is REPEALED.
24 § 22. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
25 connections, is REPEALED.
26 § 23. Chapter 638 of the laws of 1959, relating to the purchase,
27 financing and rental of commuter railroad cars by the port of New York
28 authority and agreeing with the state of New Jersey with respect there-
29 to, is REPEALED.
30 § 24. Chapter 209 of the laws of 1962, relating to the financing and
31 effectuation by the port of New York authority of a port development
32 project, consisting of the Hudson tubes, the Hudson tubes extensions and
33 a world trade center, is REPEALED.
34 § 25. Chapter 665 of the laws of 1964, relating to the operation with-
35 in the state of New York of the Hudson tubes and the Hudson tubes exten-
36 sions, is REPEALED.
37 § 26. Chapter 474 of the laws of 1971, relating to the authorization
38 of the port of New York authority to provide access by mass transporta-
39 tion facilities to air terminals, is REPEALED.
40 § 27. Chapter 651 of the laws of 1978, relating to the further coordi-
41 nation, facilitation, promotion, preservation and protection of trade
42 and commerce in and through the port of New York district through the
43 financing and effectuation of industrial development projects therein by
44 the port authority of New York and New Jersey, and agreeing with the
45 state of New Jersey with respect thereto, is REPEALED.
46 § 28. Chapter 12 of the laws of 1979, relating to the acquisition,
47 development, financing and transfer of buses and related facilities by
48 the port authority of New York and New Jersey and the utilization there-
49 of, is REPEALED.
50 § 29. Chapter 882 of the laws of 1953 relating to waterfront employ-
51 ment and air freight industry regulation is REPEALED.
52 § 30. Chapter 28 of the consolidated laws is added to read as follows:
53 CHAPTER 28 OF THE CONSOLIDATED LAWS
54 INTERSTATE AUTHORITIES LAW
S. 4623 4
1 Article
2 1. Port Authority of New York and New Jersey
3 2. The Waterfront and Airport Commission of New York and New Jersey
4 Compact
5 Article 1 - PORT AUTHORITY OF NEW YORK AND NEW JERSEY
6 TABLE OF CONTENTS
7 Part I. General Provisions (§§101-124)
8 Part II. Development of the Port of New York (§§201-206)
9 Part III. Bridges and tunnels in New York and New Jersey (§§301-309)
10 Part IV. Approval or veto power of the Governor (§§401-404)
11 Part V. Motor truck terminals (§§501-502)
12 Part VI. Payment and acceptance of a fair and reasonable sum
13 (§§601-602)
14 Part VII. Payment and acceptance of a fair and reasonable sum for a
15 change in grade (§701)
16 Part VIII. The sale of real property acquired by the Port Authority
17 (§§801-802)
18 Part IX. Moneys for preliminary studies (§§901-907)
19 Part X. Motor bus terminal (§§1001-1005)
20 Part XI. Marine terminals (§§1101-1108)
21 Part XII. Air terminals (§§1201-1216)
22 Part XIII. Eminent domain (§§1301)
23 Part XIV. Suits against the Port Authority (§§1401-1411)
24 Part XV. Traffic regulations for vehicular crossings (§§1501-1519)
25 Part XVI. Rules and regulations governing traffic on highways in Port
26 Authority air and marine terminals (§§1601-1613)
27 Part XVII. New York - New Jersey agreement (§§1701-1702)
28 Part XVIII. Smoking regulation for terminals (§§1801-1802)
29 Part XIX. Suits on lease at International Airport (§§1901-1905)
30 Part XX. Narrows bridge (§§2001-2014)
31 Part XXI. New Jersey turnpike connections (§§2101-2103)
32 Part XXII. Commuter railroad cars (§2201)
33 Part XXIII. World trade center (§2301)
34 Part XXIV. Suits against the Port Authority (§§2401-2402)
35 Part XXV. Rules and regulations governing operation of Hudson tubes
36 (§2501)
37 Part XXVI. Mass transportation facilities to air terminals (§§2601)
38 Part XXVII. Industrial development projects and facilities
39 (§§2701-2703)
40 Part XXVIII. Bus transportation (§§2801-2803)
41 Part XXIX. General reserve fund (§§2901-2903)
42 Article 2 - THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK
43 AND NEW JERSEY COMPACT
44 TABLE OF CONTENTS
45 Part I. The waterfront and airport commission of New York and New
46 Jersey compact (§§3001-3017)
47 Part II. Waterfront commission compact (§§3101-3123)
48 Part III. Commission established for New York state (§§3201-3204)
49 Part IV. Compact (§§3301-3311)
50 Part V. Officers and employees; civil penalties and enforcement
51 (§§3401-3410)
S. 4623 5
1 ARTICLE I
2 PORT AUTHORITY OF NEW YORK AND NEW JERSEY
3 PART I
4 GENERAL PROVISIONS
5 Section 101. Short title.
6 102. Legislative intent.
7 103. Definitions.
8 104. Port authority of New York and New Jersey.
9 105. Port of New York district.
10 106. Commissioners and officers.
11 107. Power of the port authority.
12 108. Open meetings.
13 109. Copy of minutes.
14 110. Needs assessment.
15 111. Subsidiaries of the port authority.
16 112. Annual reporting.
17 113. Property disposition, debt issuance, capital plan and oper-
18 ating budget.
19 114. State of emergency; domestic companion animal.
20 115. Public meetings.
21 116. Minutes of public meetings.
22 117. Jurisdiction.
23 118. Powers of municipalities to develop or improve.
24 119. Comprehensive development.
25 120. Recommendations.
26 121. Expense of operations.
27 122. Port authority as an agency.
28 123. Notice of claim.
29 124. Regulations.
30 § 101. Short title. This chapter shall be known and may be cited as
31 the "port authority of New York and New Jersey act".
32 § 102. Legislative intent. William R. Willcox, Eugenius H. Outer-
33 bridge and Murray Hulbert, or any two of them, commissioners heretofore
34 appointed under chapter four hundred and twenty-six of the laws of nine-
35 teen hundred and seventeen of the state of New York, together with the
36 attorney-general of the state of New York, are hereby authorized as
37 commissioners upon the part of the state of New York to enter into, with
38 the state of New Jersey, by and through the commissioners appointed or
39 who may be appointed under or by virtue of a law of the legislature of
40 the state of New Jersey, an agreement or compact in the form following,
41 that is to say:
42 Whereas, In the year eighteen hundred and thirty-four the states of
43 New York and New Jersey did enter into an agreement fixing and determin-
44 ing the rights and obligations of the two states in and about the waters
45 between the two states, especially in and about the bay of New York and
46 the Hudson river; and
47 Whereas, Since that time the commerce of the port of New York has
48 greatly developed and increased and the territory in and around the port
49 has become commercially one center or district; and
50 Whereas, It is confidently believed that a better co-ordination of the
51 terminal, transportation and other facilities of commerce in, about and
52 through the port of New York, will result in great economies, benefiting
53 the nation, as well as the states of New York and New Jersey; and
54 Whereas, The future development of such terminal, transportation and
55 other facilities of commerce will require the expenditure of large sums
S. 4623 6
1 of money and the cordial co-operation of the states of New York and New
2 Jersey in the encouragement of the investment of capital, and in the
3 formulation and execution of the necessary physical plans; and
4 Whereas, Such result can best be accomplished through the co-operation
5 of the two states by and through a joint or common agency.
6 Now, therefore, the said states of New Jersey and New York do supple-
7 ment and amend the existing agreement of eighteen hundred and thirty-
8 four in the following respects.
9 They agree to and pledge, each to the other, faithful co-operation in
10 the future planning and development of the port of New York, holding in
11 high trust for the benefit of the nation the special blessings and
12 natural advantages thereof.
13 § 103. Definitions. The following terms shall have the following
14 meanings unless otherwise provided:
15 1. "Board" means the board of commissioners of the port authority of
16 New York and New Jersey.
17 2. "Committee" or "committees" means any standing committee estab-
18 lished by the board tasked with, including, but not limited to, the
19 audit responsibility, governance responsibility and finance responsibil-
20 ity required to be established pursuant to this chapter.
21 3. "Consent, approval or recommendation of municipality" means wherev-
22 er the consent, approval or recommendation of a "municipality" is
23 required, the word "municipality" shall be taken to include any city or
24 incorporated village within the port district, and in addition in the
25 state of New Jersey any borough, town, township or any municipality
26 governed by an improvement commission within the district. Such consent,
27 approval or recommendation whenever required in the case of the city of
28 New York shall be deemed to have been given or made whenever the board
29 of estimate and apportionment of said city or any body hereafter
30 succeeding to its duties shall by a majority vote pass a resolution
31 expressing such consent, approval or recommendation; and in the case of
32 any municipality now or hereafter governed by a commission, whenever the
33 commission thereof shall by majority vote pass such a resolution; and in
34 all other cases whenever the body authorized to grant consent to the use
35 of the streets or highways of such municipality shall by a majority vote
36 pass such a resolution.
37 4. "Facility" shall include all works, buildings, structures, appli-
38 ances and appurtenances necessary and convenient for the proper
39 construction, equipment, maintenance and operation of such facility or
40 facilities or any one or more of them.
41 5. "To lease" shall include to rent or to hire.
42 6. "Meeting" means any gathering, whether corporeal or by means of
43 communication equipment, which is attended by, or open to, the board,
44 held with the intent, on the part of the board members present, to
45 discuss or act as a unit upon the specific public business of the
46 authority. "Meeting" does not mean a gathering (a) attended by less than
47 an effective majority of the board, or (b) attended by or open to all
48 the members of three or more similar public bodies at a convention or
49 similar gathering.
50 7. "News media" means persons representing major wire services, tele-
51 vision news services, radio news services and newspapers, whether
52 located in the state of New York or New Jersey or any other state.
53 8. "Personal property" shall include choses in action and all other
54 property now commonly or legally defined as personal property or which
55 may hereafter be so defined.
S. 4623 7
1 9. "Public business" means matters which relate in any way, directly
2 or indirectly, to the performance of the functions of the port authority
3 of New York and New Jersey or the conduct of its business.
4 10. "Railroads" shall include railways, extensions thereof, tunnels,
5 subways, bridges, elevated structures, tracks, poles, wires, conduits,
6 power houses, substations, lines for the transmission of power, car-
7 barns, shops, yards, sidings, turn-outs, switches, stations and
8 approaches thereto, cars and motive equipment.
9 11. "Real property" shall include land under water, as well as
10 uplands, and all property either now commonly or legally defined as real
11 property or which may hereafter be so defined.
12 12. "Rule or regulation", until and unless otherwise determined by the
13 legislatures of both states, shall mean any rule or regulation not
14 inconsistent with the constitution of the United States or of either
15 state, and, subject to the exercise of the power of congress, for the
16 improvement of the conduct of navigation and commerce within the
17 district, and shall include charges, rates, rentals or tolls fixed or
18 established by the port authority; and until otherwise determined as
19 aforesaid, shall not include matters relating to harbor or river
20 pollution. Wherever action by the legislature of either state is herein
21 referred to, it shall mean an act of the legislature duly adopted in
22 accordance with the provisions of this chapter.
23 13. "Transportation facility" shall include railroads, steam or elec-
24 tric, motor truck or other street or highway vehicles, tunnels, bridges,
25 boats, ferries, car-floats, lighters, tugs, floating elevators, barges,
26 scows or harbor craft of any kind, air craft suitable for harbor
27 service, and every kind of transportation facility now in use or here-
28 after designed for use for the transportation or carriage of persons or
29 property.
30 14. "Terminal facility" shall include wharves, piers, slips, ferries,
31 docks, dry docks, bulkheads, dock-walls, basins, car-floats, float-
32 bridges, grain or other storage elevators, warehouses, cold storage,
33 tracks, yards, sheds, switches, connections, overhead appliances, and
34 every kind of terminal or storage facility now in use or hereafter
35 designed for use for the handling, storage, loading or unloading of
36 freight at steamship, railroad or freight terminals.
37 § 104. Port authority of New York and New Jersey. There is hereby
38 continued "the port authority of New York and New Jersey" ("port author-
39 ity"), which shall be a body corporate and politic, having the powers
40 and jurisdiction hereinafter enumerated, and such other and additional
41 powers as shall be conferred upon it by the legislature of either state
42 concurred in by the legislature of the other, or by act or acts of
43 congress, as hereinafter provided.
44 § 105. Port of New York district. To that end the two states do agree
45 that there shall be created and they do hereby create a district to be
46 known as the "port of New York district" (hereinafter referred to as
47 "the district") which shall embrace the territory bounded and described
48 as follows:
49 The district is included within the boundary lines located by connect-
50 ing points of known latitude and longitude. The approximate courses and
51 distances of the lines enclosing the district are recited in the
52 description, but the district is determined by drawing lines through the
53 points of known latitude and longitude. Beginning at a point A of lati-
54 tude forty-one degrees and four minutes north and longitude seventy-
55 three degrees and fifty-six minutes west, said point being about sixty-
56 five-hundredths of a mile west of the westerly bank of the Hudson river
S. 4623 8
1 and about two and one-tenth miles northwest of the pier at Piermont, in
2 the county of Rockland, state of New York; thence due south one and
3 fifteen-hundredths miles more or less to a point B of latitude forty-one
4 degrees and three minutes north and longitude seventy-three degrees and
5 fifty-six minutes west; said point being about one and three-tenths
6 miles northwest of the pier at Piermont, in the county of Rockland,
7 state of New York; thence south fifty-six degrees and thirty-four
8 minutes west six and twenty-six-hundredths miles more or less to a point
9 C of latitude forty-one degrees and no minutes north and longitude
10 seventy-four degrees and two minutes west, said point being about
11 seven-tenths of a mile north of the railroad station at Westwood, in the
12 county of Bergen, state of New Jersey; thence south sixty-eight degrees
13 and twenty-four minutes west nine and thirty-seven-hundredths miles more
14 or less to a point D of latitude forty degrees and fifty-seven minutes
15 north and longitude seventy-four degrees and twelve minutes west, said
16 point being about three miles northwest of the business center of the
17 city of Paterson, in the county of Passaic, state of New Jersey; thence
18 south forty-seven degrees and seventeen minutes west eleven and eighty-
19 seven-hundredths miles more or less to a point E of latitude forty
20 degrees and fifty minutes north and longitude seventy-four degrees and
21 twenty-two minutes west, said point being about four and five-tenths
22 miles west of the borough of Caldwell, in the county of Morris, state of
23 New Jersey; thence due south nine and twenty-hundredths miles more or
24 less to a point F of latitude forty degrees and forty-two minutes north
25 and longitude seventy-four degrees and twenty-two minutes west, said
26 point being about one and two-tenths miles southwest of the passenger
27 station of the Delaware, Lackawanna and Western railroad in the city of
28 Summit, in the county of Union, state of New Jersey; thence south
29 forty-two degrees and twenty-four minutes west, seven and seventy-eight-
30 hundredths miles more or less to a point G of latitude forty degrees and
31 thirty-seven minutes north and longitude seventy-four degrees and twen-
32 ty-eight minutes west, said point being about two and two-tenths miles
33 west of the business center of the city of Plainfield, in the county of
34 Somerset, state of New Jersey; thence due south twelve and sixty-five-
35 hundredths miles more or less on a line passing about one mile west of
36 the business center of the city of New Brunswick to a point H of lati-
37 tude forty degrees and twenty-six minutes north and longitude seventy-
38 four degrees and twenty-eight minutes west, said point being about four
39 and five-tenths miles southwest of the city of New Brunswick, in the
40 county of Middlesex, state of New Jersey; thence south seventy-seven
41 degrees and forty-two minutes east ten and seventy-nine-hundredths miles
42 more or less to a point I of latitude forty degrees and twenty-four
43 minutes north and longitude seventy-four degrees and sixteen minutes
44 west, said point being about two miles southwest of the borough of Mata-
45 wan, in the county of Middlesex, state of New Jersey; thence due east
46 twenty-five and forty-eight-hundredths miles more or less, crossing the
47 county of Monmouth, state of New Jersey, and passing about one and four-
48 tenths miles south of the pier of the Central Railroad of New Jersey at
49 Atlantic Highlands to a point J of latitude forty degrees and twenty-
50 four minutes north and longitude seventy-three degrees and forty-seven
51 minutes west, said point being in the Atlantic ocean; thence north elev-
52 en degrees fifty-eight minutes east twenty-one and sixteen-hundredths
53 miles more or less to a point K, said point being about five miles east
54 of the passenger station of the Long Island railroad at Jamaica and
55 about one and three-tenths miles east of the boundary line of the city
56 of New York, in the county of Nassau, state of New York; thence in a
S. 4623 9
1 northeasterly direction passing about one-half mile west of New Hyde
2 Park and about one and one-tenth miles east of the shore of Manhasset
3 bay at Port Washington, crossing Long Island sound to a point L, said
4 point being the point of intersection of the boundary line between the
5 states of New York and Connecticut and the meridian of seventy-three
6 degrees, thirty-nine minutes and thirty seconds west longitude, said
7 point being also about a mile northeast of the village of Port Chester;
8 thence northwesterly along the boundary line between the states of New
9 York and Connecticut to a point M, said point being the point of inter-
10 section between said boundary line between the states of New York and
11 Connecticut and the parallel of forty-one degrees and four minutes north
12 latitude, said point also being about four and five-tenths miles north-
13 east of the business center of the city of White Plains; thence due west
14 along said parallel, of forty-one degrees and four minutes north lati-
15 tude, the line passing about two and one-half miles north of the busi-
16 ness center of the city of White Plains and crossing the Hudson river to
17 the point A, the place of beginning.
18 The boundaries of said district may be changed from time to time by
19 the action of the legislature of either state concurred in by the legis-
20 lature of the other.
21 § 106. Commissioners and officers. 1. The port authority shall
22 consist of twelve commissioners, six resident voters from the state of
23 New York, at least four of whom shall be resident voters of the city of
24 New York, and six resident voters from the state of New Jersey, at least
25 four of whom shall be resident voters within the New Jersey portion of
26 the district, the New York members to be chosen by the state of New York
27 and the New Jersey members by the state of New Jersey in the manner and
28 for the terms fixed and determined from time to time by the legislature
29 of each state respectively, except as provided in this part. Each
30 commissioner may be removed or suspended from office as provided by the
31 law of the state from which he or she shall be appointed.
32 2. a. The officers of the port authority shall be a chairperson, a
33 vice chairperson, a chief executive officer, a general counsel, a chief
34 financial officer, a chief ethics and compliance officer, an inspector
35 general, a treasurer, a comptroller, and a secretary. Beginning upon the
36 next hiring of a chief executive officer but no later than a year from
37 the effective date of this article, the positions of chairperson and
38 vice chairperson shall be rotated for a term of two years among commis-
39 sioners appointed by New York and New Jersey, with a chairperson elected
40 first from among those commissioners appointed by the governor of New
41 York and a vice chairperson elected first from among those commissioners
42 appointed by the governor of New Jersey, after which the next chair-
43 person shall be elected from among those appointed by the governor of
44 New Jersey and the next vice chairperson shall be elected from among
45 those appointed by the governor of New York and thereafter the positions
46 of chairperson and vice chairperson shall rotate every two years in the
47 same order as established herein provided that the failure of the board
48 of commissioners to elect a new chairperson and vice chairperson shall
49 not prevent the rotation of the positions of chairperson and vice chair-
50 person to the next succeeding state.
51 b. No commissioner, including the chairperson, shall serve as the port
52 authority's chief executive officer, general counsel, chief financial
53 officer, chief ethics and compliance officer, inspector general, or
54 comptroller, or hold any other equivalent position while serving as a
55 commissioner.
S. 4623 10
1 3. a. The commissioners shall promulgate a commissioner's oath of
2 office in consultation with the chief ethics and compliance officer.
3 b. At the time that a commissioner of the port authority takes and
4 subscribes the commissioner's oath of office, or within sixty days after
5 the effective date of this subdivision if the commissioner has already
6 taken and subscribed the commissioner's oath of office, the commissioner
7 shall execute a statement declaring that the commissioner understands
8 the commissioner's independence and fiduciary obligation to perform
9 duties and responsibilities to the best of the commissioner's abilities,
10 in good faith and with proper diligence and care which an ordinarily
11 prudent person in like position would use under similar circumstances
12 and may take into consideration the views and policies of any elected
13 officials or bodies and ultimately apply independent judgment in the
14 best interest of the port authority, its mission, and the public,
15 consistent with the enabling compact, mission, and by-laws of the port
16 authority and the applicable laws of both states; and that the fiduciary
17 duty to the port authority is derived from and governed by its mission.
18 c. Individuals appointed to the board of commissioners shall partic-
19 ipate in training approved by the chief ethics and compliance officer in
20 consultation with the inspector general of the port authority regarding
21 their legal, fiduciary, financial and ethical responsibilities as direc-
22 tors of an authority within six months of appointment to the authority.
23 The commissioners shall participate in continuing training as may be
24 required to remain informed of best practices, regulatory and statutory
25 changes relating to the effective oversight of the management and finan-
26 cial activities of public authorities and to adhere to the highest stan-
27 dards of responsible governance.
28 d. (1) A commissioner shall not vote on or participate in any board or
29 committee discussions or decisions with respect to an item if the
30 commissioner, a member of the commissioner's immediate family, or a
31 business in which the commissioner has an interest has a direct or indi-
32 rect financial involvement that may reasonably be expected to impair the
33 commissioner's objectivity or independent judgment or that may reason-
34 ably create the appearance of impropriety. A commissioner shall report
35 such a need for recusal to the general counsel when it arises. The
36 public shall be informed of any recusals prior to any board action and
37 the minutes shall clearly reflect that recusal.
38 (2) For the purposes of this subdivision, the terms:
39 (i) "immediate family" shall mean: a spouse, parent, child, or
40 sibling; and
41 (ii) "interest" shall mean: (A) if the business organization is a
42 partnership, the board member or the board member's immediate family is
43 a partner or owner of ten percent or more of the assets of the partner-
44 ship, or (B) if the business organization is a corporation, the board
45 member or the board member's immediate family owns or controls ten
46 percent or more of the stock of the corporation, or serves as a director
47 or officer of the corporation.
48 e. (1) Notwithstanding any other provision of law to the contrary, the
49 commissioners, officers, and employees of the port authority shall file
50 annual financial disclosure statements as provided in this section.
51 (2)(i) The commissioners appointed by the governor of the state of New
52 York shall file annual financial disclosure statements pursuant to
53 section 73-a of the public officers law.
54 (ii) The commissioners appointed by the governor of the state of New
55 Jersey shall file annual financial disclosure statements as required by
56 New Jersey state law or executive order.
S. 4623 11
1 (iii) In addition to the financial disclosures required of the commis-
2 sioners, financial disclosures of employees shall, at a minimum, be
3 required of the chief executive officer, the chief ethics and compliance
4 officer, the chief financial officer, the general counsel, the comp-
5 troller, treasurer, and the inspector general, employees who hold poli-
6 cy-making positions as determined by the general counsel of the port
7 authority, and employees whose base salary, either in the current or
8 previous year, exceeds $150,000, which amount shall be adjusted for
9 inflation annually in accordance with the consumer price index for all
10 urban wage earners and clerical workers (CPI-W) as calculated by the
11 federal government. These financial disclosures shall be updated not
12 less than annually and shall be made available on the port authority's
13 website.
14 f. The board of commissioners shall:
15 (1) adopt a mission statement that the port authority's mission is to
16 meet the critical transportation infrastructure needs of the bi-state
17 region's people, businesses, and visitors by providing the highest qual-
18 ity and most efficient transportation and port commerce facilities and
19 services to move people and goods within the region, provide access to
20 the nation and the world, and promote the region's economic development;
21 (2) adopt a code of conduct applicable to commissioners, employees,
22 and vendors and other contractors with the port authority based upon the
23 recommendations of the chief ethics and compliance officer that shall,
24 at minimum, include the applicable standards established by law in each
25 state;
26 (3) establish a whistleblower access and assistance program protecting
27 employees from retaliation for disclosing information concerning acts of
28 wrongdoing, misconduct, malfeasance, or other inappropriate conduct
29 based upon the recommendations of the chief ethics and compliance offi-
30 cer;
31 (4) establish a policy requiring all commissioners, officers, and
32 employees with decision-making authority to maintain records regarding
33 contact with lobbyists. As used in this subsection: (i) "contact" means
34 any conversation, in person or by telephonic or other electronic means,
35 or correspondence between any lobbyist engaged in the act of lobbying
36 and any person within the port authority who can make or influence a
37 decision on the subject of the lobbying on the behalf of the port
38 authority, and shall include, at a minimum, all members of the board of
39 commissioners and all officers of the port authority, (ii) "lobbyist"
40 shall have the same meaning as defined in the laws or, rules or regu-
41 lations of either state, and (iii) "lobbying" shall mean and include any
42 attempt to influence: (a) the adoption or rejection of any rule or regu-
43 lation having the force and effect of law by the port authority, (b) the
44 outcome of any proceeding by the port authority to establish, levy or
45 collect fees, tolls, charges or fares, and (c) the authorization,
46 approval or award of any agreements, contracts or purchase orders,
47 including any settlement of port authority claims, or any extension,
48 amendment or modification of any existing agreement, contract or order;
49 and
50 (5) have an efficiency study of the port authority and its operations
51 conducted by an independent entity within three years of the effective
52 date of this section and thereafter upon the request of the governors of
53 New York and New Jersey, and if no request is made, no later than three
54 years after the most recent efficiency study was conducted.
S. 4623 12
1 4. a. The board of commissioners shall establish a committee structure
2 that shall include, but need not be limited to, the following responsi-
3 bilities:
4 (1) a governance responsibility to be assigned to a committee
5 comprised of not fewer than three commissioners, who shall constitute a
6 majority on the committee, and who shall possess the necessary skills to
7 undertake the governance duties and functions. It shall be the responsi-
8 bility of the members of this committee to: keep the board informed of
9 current best governance practices; review corporate governance trends;
10 update the port authority's corporate governance principles; examine
11 ethical and conflict of interest issues; perform board self-evaluations;
12 investigate term limits, reappointments, and board responsibilities;
13 develop by-laws which include rules and procedures for the conduct of
14 board business; and advise the port authority on the skills and experi-
15 ences required of potential commissioners;
16 (2) an audit responsibility to be assigned to a committee comprised of
17 not fewer than three commissioners, who shall constitute a majority on
18 the committee, and who shall possess the necessary skills to undertake
19 the audit duties and functions. It shall be the responsibility of the
20 members of this committee to: recommend to the board the hiring of an
21 independent firm of certified public accountants to audit the financial
22 statements of the port authority; establish the compensation to be paid
23 to the accounting firm; and provide direct oversight of the annual inde-
24 pendent financial audit performed by the accounting firm hired for
25 auditing purposes. Members of this committee shall be familiar with
26 corporate financial and accounting practices and shall be financially
27 literate about applicable financial laws, rules, regulations, and stand-
28 ard industry practices; and
29 (3) a finance responsibility to be assigned to a committee comprised
30 of not fewer than three commissioners, who shall constitute a majority
31 on the committee, and who shall possess the necessary skills to under-
32 take the finance duties and functions. It shall be the responsibility of
33 the members of this committee to oversee and approve the issuance of
34 debt that the port authority or its subsidiaries issue.
35 b. Every committee established by the board of commissioners shall
36 promulgate a written charter to be approved by the board. Each charter
37 promulgated in accordance with this subdivision shall be made available
38 to the public and posted on the port authority's website.
39 5. a. The chief ethics and compliance officer shall recommend to the
40 board of commissioners a whistleblower access and assistance program to
41 be administered by the inspector general which shall include, but not be
42 limited to:
43 (1) establishing toll-free telephone and facsimile lines available to
44 employees;
45 (2) offering advice regarding employee rights under applicable state
46 and federal laws and advice and options available to all persons; and
47 (3) offering an opportunity for employees to identify concerns regard-
48 ing any issue at the port authority. Any communication between an
49 employee and the inspector general pursuant to this section shall be
50 held strictly confidential by the inspector general, unless the employee
51 specifically waives in writing the right to confidentiality, except that
52 such confidentiality shall not exempt the inspector general from
53 disclosing such information, where appropriate, to the board of commis-
54 sioners and/or any law enforcement authority.
55 b. The port authority shall not fire, discharge, demote, suspend,
56 threaten, harass, or discriminate against an employee because of the
S. 4623 13
1 employee's role as a whistleblower, insofar as the actions taken by the
2 employee are legal.
3 c. As used in this subdivision:
4 (1) "Employees" means those persons employed at the port authority,
5 including but not limited to: full-time and part-time employees, those
6 employees on probation, and temporary employees.
7 (2) "Whistleblower" means any employee of the port authority who
8 discloses information concerning acts of wrongdoing, misconduct, malfea-
9 sance, or other inappropriate behavior by an employee or board member of
10 the port authority, concerning the port authority's investments, travel,
11 acquisition of real or personal property, the disposition of real or
12 personal property, or the procurement of goods and services.
13 6. a. The inspector general shall be responsible for receiving and
14 investigating, where appropriate, all complaints regarding fraud, waste,
15 and abuse by commissioners, officers, and employees of the port authori-
16 ty or third-parties doing business with the port authority. The inspec-
17 tor general shall also be responsible for conducting investigations upon
18 the inspector general's own initiative, as the inspector general shall
19 deem appropriate.
20 b. The inspector general shall inform the board of commissioners and
21 the chief executive officer of allegations received by the inspector
22 general and the progress of investigations related thereto, unless
23 special circumstances require confidentiality;
24 c. The inspector general shall determine with respect to allegations
25 received by the inspector general whether disciplinary action or civil
26 prosecution by the port authority is appropriate, and whether the matter
27 should be referred to an appropriate governmental agency for further
28 action;
29 d. The inspector general shall prepare and make available to the
30 public written reports of completed investigations, as appropriate and
31 to the extent permitted by law, subject to redactions to protect a need
32 for confidentiality. The release of all or portions of reports may be
33 deferred to protect the confidentiality of ongoing investigations.
34 e. The inspector general shall have the power to:
35 (1) administer oaths or affirmations and examine witnesses under oath;
36 (2) require the production of any books and papers deemed relevant or
37 material to any investigation, examination or review;
38 (3) notwithstanding any law to the contrary, examine and copy or
39 remove documents or records of any kind prepared, maintained or held by
40 the port authority and its subsidiaries;
41 (4) interview any officer or employee of the port authority or its
42 subsidiaries on any matter related to the performance of such officer or
43 employee's official duties. To the extent that any portion of this para-
44 graph is inconsistent with any current contractual obligations of the
45 port authority, this paragraph shall not be applicable to those obli-
46 gations until the earliest expiration of those terms under the contract;
47 (5) monitor the implementation by the port authority of any recommen-
48 dations made by the inspector general; and
49 (6) perform any other functions that are necessary or appropriate to
50 fulfill the duties and responsibilities of office.
51 7. The commissioners shall, for the purpose of doing business, consti-
52 tute a board and may adopt suitable by-laws for its management.
53 8. The port authority shall elect a chair, vice-chair, and may appoint
54 such officers and employees as it may require for the performance of its
55 duties, and shall fix and determine their qualifications and duties.
S. 4623 14
1 § 107. Power of the port authority. 1. The port authority shall
2 constitute a body, both corporate and politic, with full power and
3 authority to purchase, construct, lease and/or operate any terminal or
4 transportation facility within said district; and to make charges for
5 the use thereof: and for any of such purposes to own, hold, lease and/or
6 operate real or personal property, to borrow money and secure the same
7 by bonds or by mortgages upon any property held or to be held by it. No
8 property now or hereafter vested in or held by either state, or by any
9 county, city, borough, village, township or other municipality, shall be
10 taken by the port authority, without the authority or consent of such
11 state, county, city, borough, village, township or other municipality,
12 nor shall anything herein impair or invalidate in any way any bonded
13 indebtedness of such state, county, city, borough, village, township or
14 other municipality, nor impair the provisions of law regulating the
15 payment into sinking funds of revenues derived from municipal property,
16 or dedicating the revenues derived from any municipal property to a
17 specific purpose.
18 2. The powers granted in this part shall not be exercised by the port
19 authority until the legislatures of both states shall have approved of a
20 comprehensive plan for the development of the port as hereinafter
21 provided.
22 3. The port authority shall have such additional powers and duties as
23 may hereafter be delegated to or imposed upon it from time to time by
24 the action of the legislature of either state concurred in by the legis-
25 lature of the other. Unless and until otherwise provided, it shall make
26 an annual report to the legislature of both states, setting forth in
27 detail the operations and transactions conducted by it pursuant to this
28 agreement and any legislation thereunder. The port authority shall not
29 pledge the credit of either state except by and with the authority of
30 the legislature thereof.
31 § 108. Open meetings. 1. All meetings of the port authority shall be
32 open to the public and members of the news media, individually and
33 collectively, for the purpose of observing the full details of all phas-
34 es of the deliberation, policy-making, and decision-making of the board,
35 except for an executive session initiated upon a majority vote taken in
36 an open meeting pursuant to a motion. The board of commissioners may
37 exclude the public only from that portion of a meeting at which the
38 board of commissioners discusses any:
39 a. matter in which the release of information would impair a right to
40 receive funds from government of the United States;
41 b. material the disclosure of which would constitute an unwarranted
42 invasion of individual or personal privacy;
43 c. collective bargaining agreement, or the terms and conditions which
44 are proposed for inclusion in any collective bargaining agreement,
45 including the negotiation of the terms and conditions thereof with
46 employees or representatives of employees of the port authority;
47 d. matter involving the purchase, lease, or acquisition of real prop-
48 erty with port authority funds, the proposed acquisition of securities,
49 the sale or exchange of securities held by the port authority, or the
50 investment of port authority funds, if public discussion of the matter
51 would adversely affect the public interest;
52 e. matter which would imperil the public safety if disclosed;
53 f. pending or anticipated litigation or contract negotiation in which
54 the port authority is, or may become, a party, or matters falling within
55 the attorney-client privilege, to the extent that confidentiality is
S. 4623 15
1 required for the attorney to exercise the attorney's ethical duties as a
2 lawyer;
3 g. contract negotiations disclosure of which would imperil the port
4 authority's position or an outcome in the best interest of the authori-
5 ty, its mission, and the public;
6 h. matter involving the employment, appointment, termination of
7 employment, terms and conditions of employment, evaluation of the
8 performance of, promotion or disciplining of any specific prospective
9 officer or employee or current officer or employee employed or appointed
10 by the port authority, unless all the individual employees or appointees
11 whose rights could be adversely affected request in writing that the
12 matter or matters be discussed at a public meeting; or
13 i. deliberation of the port authority occurring after a public hearing
14 that may result in the imposition of a specific civil penalty upon the
15 responding party or the suspension or loss of a license or permit
16 belonging to the responding party as a result of an act of omission for
17 which the responding party bears responsibility.
18 2. The port authority shall make meeting agendas available to the
19 public at least 72 hours before each meeting of the board and each meet-
20 ing of each committee. In addition, the port authority shall send via
21 electronic mail the agenda and public documents pertaining to a board or
22 committee meeting to the public information office of each state's
23 legislature at least 72 hours before the meeting. Public notice of the
24 time and place of a meeting shall be provided to appropriate media
25 outlets, shall be conspicuously posted in one or more designated areas,
26 and shall be conspicuously posted via the port authority's official
27 website at least five business days before the meeting.
28 3. The port authority shall make available to the public documents in
29 the following manner: the agenda and public documents pertaining to a
30 board or committee meeting shall be available for public inspection at
31 an office of the port authority; and the agenda and public documents
32 pertaining to a board or committee meeting shall be posted on the port
33 authority's website.
34 4. At each public meeting of the board and at each public meeting of
35 each committee, the public shall be allotted at least 30 minutes to
36 speak on any topic on the agenda. The board or committee shall expand
37 the comment time when necessary to provide a reasonable opportunity for
38 the public to comment. The public speaking period shall take place prior
39 to any board or committee action.
40 5. The port authority shall keep reasonably comprehensible minutes of
41 all its meetings showing the time and place, the members present, the
42 subjects considered, the actions taken, and the vote of each member. The
43 minutes shall be available to the public within two weeks from the date
44 of the meeting to the extent that public disclosure shall not be incon-
45 sistent with subdivision one of this section. The minutes shall indicate
46 for each item on the agenda the vote or recusal of each board member in
47 attendance at an open meeting, or an executive session of the board or a
48 committee of the board. Each item on the agenda shall be voted on sepa-
49 rately.
50 6. The port authority shall make or cause to be made all reasonable
51 efforts to ensure that meetings are held in facilities that permit
52 barrier-free physical access to people with disabilities. If the board
53 determines to use video conferencing or similar technology to conduct
54 its meeting, it shall provide an opportunity for the public to attend,
55 listen and observe such a meeting.
S. 4623 16
1 § 109. Copy of minutes. 1. The port authority shall file with the
2 temporary president and minority leader of the senate and the speaker
3 and minority leader of the assembly, the chairman of the assembly ways
4 and means committee and the chairman of the senate finance committee of
5 the state of New York and the president, minority leader and secretary
6 of the senate and the speaker, minority leader and clerk of the general
7 assembly of the state of New Jersey a copy of the minutes of any action
8 taken at any public meeting of the port authority. Such filing shall be
9 made on the same day such minutes are transmitted to the governor of
10 each state for review; and notice of such filing shall be provided to
11 the governor of each state at the same time. Failure to effectuate any
12 such filing shall not impair the ability of the authority to act pursu-
13 ant to a resolution of its board. Such filing shall not apply to any
14 minutes required to be filed pursuant to section twenty of former chap-
15 ter six hundred fifty-one of the laws of nineteen hundred seventy-eight.
16 2. The temporary president and minority leader of the senate, the
17 speaker and minority leader of the assembly, the chairman of the assem-
18 bly ways and means committee and the chairman of the senate finance
19 committee of the state of New York and the speaker and minority leader
20 of the general assembly and the president and the minority leader of the
21 senate of the state of New Jersey, or representatives designated by them
22 in writing for this purpose, may by certificate filed with the secretary
23 of the port authority waive the foregoing filing requirement with
24 respect to any specific minutes.
25 § 110. Needs assessment. 1. The port authority shall require that a
26 needs assessment be conducted by an independent entity prior to any
27 increase in tolls for the use of any port authority bridge or tunnel, or
28 fares for the use of the port authority trans-Hudson corporation rail
29 system. The assessment shall be presented by the independent entity to
30 the board of commissioners at a public meeting to be held at least nine-
31 ty days prior to any meeting of the board of commissioners to vote to
32 any increase in the tolls for the use of any port authority bridge or
33 tunnel, or fares for the use of the port authority trans-Hudson corpo-
34 ration rail system.
35 2. Not less than 30 days and not more than 90 days prior to any vote
36 or action taken by the board of commissioners relating to any increase
37 in the tolls for the use of any port authority bridge or tunnel, or
38 fares for the use of the port authority trans-Hudson corporation rail
39 system, the port authority shall conduct at least six public hearings in
40 the manner prescribed as follows:
41 a. Locations for public hearings shall be selected in such a way as to
42 be geographically accessible to a majority of users of the facility or
43 facilities to be impacted by the toll or fare increase, as determined by
44 port authority data, provided that at least one hearing shall be held in
45 each state.
46 b. At least 72 hours before the first hearing held pursuant to this
47 section, the port authority shall make the following information avail-
48 able to the public, including posting on the port authority's official
49 website:
50 (1) a written explanation of why the increase in tolls or fares is
51 necessary;
52 (2) the amount of revenue expected to be generated from the increase
53 in tolls or fares; and
54 (3) a detailed explanation of how the revenues raised from the
55 increase in tolls or fares is expected to be spent.
S. 4623 17
1 c. Each hearing shall be attended by at least two commissioners from
2 New York and two commissioners from New Jersey in office at the time of
3 the hearing.
4 d. The port authority shall hold no more than one public hearing in a
5 single day, and at least one-half of the public hearings shall be sched-
6 uled to begin after 6:30 p.m., eastern standard time, on a weekday.
7 e. The port authority shall ensure that each of the requirements set
8 forth in this subdivision shall be complied with before placing on the
9 meeting agenda of the board of commissioners any item or matter relating
10 to an increase in tolls or fares.
11 § 111. Subsidiaries of the port authority. 1. The port authority shall
12 provide notice to the governor of each state, the majority leader of
13 each house of the legislature of each state, the chair of the finance
14 committee of New York, the chair of the senate budget and appropriations
15 committee of New Jersey, the chair of assembly ways and means committee
16 of New York, and the chair of the budget committee of New Jersey that it
17 will be creating a subsidiary no less than 60 days prior to the forma-
18 tion of the subsidiary.
19 2. The creation of a subsidiary corporation shall be approved by the
20 board of commissioners.
21 3. On or before the first day of January, two thousand sixteen, and
22 annually thereafter, any subsidiary corporation, in cooperation with the
23 port authority, shall provide to the governor and legislature of each
24 state a report on the subsidiary corporation. Such report shall include
25 for each subsidiary:
26 a. The complete legal name, address and contact information of the
27 subsidiary;
28 b. The structure of the organization of the subsidiary, including the
29 names and titles of each of its members, directors and officers, as well
30 as a chart of its organizational structure;
31 c. The complete by-laws and legal organization papers of the subsid-
32 iary;
33 d. A complete report of the purpose, operations, mission and projects
34 of the subsidiary; and
35 e. Any other information the subsidiary corporation deems important to
36 include in such report.
37 § 112. Annual reporting. 1. The port authority shall publish a
38 comprehensive annual financial report, submitted annually to the gover-
39 nors and state legislatures of New York and New Jersey and made avail-
40 able on the port authority's website within 120 days after the end of
41 its fiscal year. The annual report shall include the agency's financial
42 statements, statistical and other regional data, and a narrative of the
43 agency's activities during the year of the report. The annual report
44 shall include:
45 a. an introductory section including: (1) a letter of transmittal to
46 the governors of New York and New Jersey; (2) information regarding the
47 board of commissioners, port authority officers and executive manage-
48 ment; (3) a letter to the board of commissioners from the chief execu-
49 tive officer of the port authority highlighting important developments;
50 (4) a description of major agency activities undertaken during the prior
51 year; and (5) a letter to the board of commissioners from the chief
52 financial officer of the port authority with respect to the consolidated
53 financial statements of the port authority.
54 b. a financial section including: (1) an independent auditor's report;
55 (2) management's discussion and analysis; (3) financial statements; (4)
56 its financial reports certified by the chair and vice-chair of the
S. 4623 18
1 board, chief executive officer, and chief financial officer of the port
2 authority, including (a) audited financials in accordance with generally
3 accepted accounting principles, known as GAAP, and the accounting stand-
4 ards issued by the governmental accounting standards board, known as
5 GASB, (b) grant and subsidy programs, (c) current ratings, if any, of
6 its bonds issued by recognized bond rating agencies and notice of chang-
7 es in such ratings, and (d) long-term liabilities, including leases and
8 employee benefit plans; (5) a schedule of its bonds and notes outstand-
9 ing at the end of its fiscal year, together with a statement of the
10 amounts redeemed and incurred during such fiscal year as part of a sche-
11 dule of debt issuance that includes the date of issuance, term, amount,
12 interest rate and means of repayment including all refinancings, calls,
13 refundings, defeasements and interest rate exchange or other such agree-
14 ments; and (6) at a minimum a four-year financial plan, including (a) a
15 current and projected capital budget, and (b) an operating budget
16 report, including an actual versus estimated budget, with an analysis
17 and measurement of financial and operating performance.
18 c. a statistical section presenting additional information as context
19 for further understanding of the information in the financial state-
20 ments, note disclosures and schedules, including (1) financial trends;
21 (2) debt capacity; (3) operating and service data; (4) information on
22 port authority operating results; (5) information on port authority
23 capital program components; (6) information on port authority facility
24 traffic; and (7) selected statistical, demographic and economic data on
25 the New York-New Jersey metropolitan region.
26 d. a corporate information section providing: (1) a list of all real
27 property of the port authority; (2) a list and full description of real
28 property and personal property that has a sale price of over $10,000
29 disposed of during the period, including the price received by the port
30 authority and the name of the purchaser for all property sold by the
31 port authority during the period; (3) a compensation schedule that shall
32 include, by position, title and name of the person holding such position
33 or title, the salary, compensation, allowance and/or benefits provided
34 to any officer, director or employee in a decision making or managerial
35 position of such authority whose base salary is in excess of $150,000;
36 (4) biographical information, not including confidential personal infor-
37 mation, for all directors and officers and employees for whom salary
38 reporting is required; (5) a description of the authority and its board
39 structure, including (a) names of committees and committee members, (b)
40 lists of board meetings and attendance, (c) descriptions of major
41 authority units, subsidiaries, and (d) number of employees; (6) its
42 mission statement, charter, if any, and by-laws; and (7) a description
43 of any material pending litigation in which the port authority is
44 involved as a party during the reporting year.
45 2. a. The port authority shall prepare financial statements on an
46 annual basis, in accordance with generally accepted accounting princi-
47 ples, known as GAAP, and the accounting standards issued by the govern-
48 mental accounting standards board, known as GASB.
49 b. The audit committee of the board of commissioners of the port
50 authority shall arrange for an independent firm of certified public
51 accountants to perform an audit of the financial statements of the port
52 authority each year, in accordance with generally accepted accounting
53 principles and standards referenced in paragraph a of this subdivision.
54 Each independent firm of certified public accountants that performs any
55 audit required by this article shall timely report to the audit commit-
56 tee of the port authority: (1) all critical accounting policies and
S. 4623 19
1 practices to be used; and (2) other material written communications,
2 that is not privileged or confidential, between the independent firm of
3 certified public accountants and the management of the port authority,
4 including the management letter along with management's response or plan
5 of corrective action, material corrections identified or schedule of
6 unadjusted differences.
7 c. Every financial statement prepared pursuant to this subdivision
8 shall be approved by the board of commissioners. As a condition to the
9 issuance of the annual financial statements of the port authority, the
10 chief executive officer and the chief financial officer of the port
11 authority shall be required to make a written certification to that
12 effect that, to the best of their knowledge and belief, the financial
13 and other information in the consolidated financial statements is accu-
14 rate in all material respects and has been reported in a manner designed
15 to present fairly the port authority's net assets, changes in net
16 assets, and cash flows, in accordance with generally accepted accounting
17 principles and standards referenced in paragraph a of this subdivision;
18 and, that on the basis that the cost of internal controls should not
19 outweigh their benefits, the port authority has established a comprehen-
20 sive framework of internal controls to protect its assets from loss,
21 theft, or misuse, and to provide reasonable (rather than absolute)
22 assurance regarding the reliability of financial reporting and the prep-
23 aration of the consolidated financial statements in accordance with
24 generally accepted accounting principles and standards referenced in
25 paragraph a of this subdivision.
26 d. Notwithstanding any other provision of law to the contrary, the
27 port authority shall not contract with an independent firm of certified
28 public accountants for audit services to the authority if the lead or
29 coordinating audit partner having primary responsibility for the audit,
30 or the audit partner responsible for reviewing the audit, has performed
31 audit services for the two previous fiscal years of such authority.
32 e. The port authority shall not contract with the independent firm of
33 certified public accountants performing the port authority's audit for
34 any non-audit services to such authority contemporaneously with the
35 audit, unless receiving previous written approval by the audit committee
36 including: (1) bookkeeping or other services related to the accounting
37 records or financial statements of such authority; (2) financial infor-
38 mation systems design and implementation; (3) appraisal or valuation
39 services, fairness opinions, or contribution-in-kind reports; (4) actu-
40 arial services; (5) internal audit outsourcing services; (6) management
41 functions or human services; (7) broker or dealer, investment advisor,
42 or investment banking services; and (8) legal services and expert
43 services unrelated to the audit.
44 f. The port authority shall not contract with an independent firm of
45 certified public accountants for any audit service if the chief execu-
46 tive officer, comptroller, chief financial officer, treasurer, or any
47 other person serving in an equivalent position for the authority, was
48 employed by that independent firm of certified public accountants and
49 participated in any capacity in the audit of the authority during the
50 one year period preceding the date of the initiation of the audit.
51 3. The port authority shall make accessible to the public via its
52 website an executive summary of its most recent independent audit report
53 unless such information is exempt from disclosure pursuant to either
54 state's freedom of information laws.
55 § 113. Property disposition, debt issuance, capitol plan and operating
56 budget. 1. Any sale of real property by the port authority shall be
S. 4623 20
1 undertaken and conducted pursuant to the provisions of the existing laws
2 governing the sale of real property by the port authority in the state
3 in which such real property is located and by approval of the board of
4 commissioners.
5 a. No disposition of real property, or any interest in real property,
6 shall be made unless an appraisal of the value of such real property has
7 been made by an independent appraiser and included in the record of the
8 transaction, and, provided further, that no disposition of any other
9 real property, which because of its unique nature or the unique circum-
10 stances of the proposed transaction is not readily valued by reference
11 to an active market for similar real property, shall be made without a
12 similar appraisal.
13 b. Disposal of real property for less than fair market value. No prop-
14 erty owned, leased, or otherwise in the control of the port authority
15 may be sold, leased, or otherwise alienated for less than its fair
16 market value unless:
17 (1) the transferee is a government or other public entity, and the
18 terms and conditions of the transfer require that the ownership and use
19 of the real property will remain with the government or any other public
20 entity; or
21 (2) the purpose of the transfer is within the purpose, mission, or
22 governing statute of the port authority and a written determination is
23 made by the board of commissioners that there is no reasonable alterna-
24 tive to the proposed below-market transfer that would achieve the same
25 purpose of such transfer, prior to board approval of such a transfer.
26 c. The board shall adopt, within six months of the effective date of
27 this article, appropriate rules and regulations concerning disposition,
28 acquisition, and transfer of real property or any interest in real prop-
29 erty by the port authority which shall, at a minimum, include a require-
30 ment that the following information be made available to the board of
31 commissioners at the meeting where approval of such a disposition,
32 acquisition or transfer is scheduled:
33 (1) a full description of the property;
34 (2) a description of the purpose of the disposition, acquisition, or
35 transfer;
36 (3) a statement of the value to be received from such a disposition,
37 acquisition, or transfer;
38 (4) the names of any private parties participating in the disposition,
39 acquisition, or transfer; and
40 (5) in the case of a property disposition for less than fair market
41 value, an explanation and a written determination by the board of
42 commissioners that there is no reasonable alternative to the proposed
43 below-market value that would achieve the same purpose of such disposi-
44 tion.
45 d. Not less than ten days in advance of any meeting of the board of
46 commissioners of the port authority at which the board of commissioners
47 is to consider an action to authorize the sale of real property owned by
48 the port authority, the chief executive officer of the port authority
49 shall provide public notice of such proposed action along with relevant
50 material terms and provisions of such sale including, but not limited
51 to, the information made available pursuant to paragraph c of this
52 subdivision, by posting on the port authority's website.
53 e. The chief executive officer may authorize or arrange for contracts
54 for the sale of personal property owned by the port authority or arrange
55 for contracts for the sale of personal property owned by the port
56 authority upon such terms and conditions as the chief executive officer
S. 4623 21
1 may deem proper and execute the same on behalf of the port authority
2 where the value of such personal property is not in excess of one
3 million dollars; provided, however, that personal property valued at
4 more than $250,000 shall not be sold by authority of the chief executive
5 officer other than to the highest bidder after public advertisement.
6 Where the value of such personal property is in excess of $1,000,000,
7 the sale of such property must be authorized by the board of commission-
8 ers of the port authority upon such terms as the board of commissioners
9 may deem proper.
10 f. The port authority may retain brokers or third-party vendors that
11 facilitate online auctions, or assist in disposing of surplus real and
12 personal property of the port authority.
13 2. a. The issuance of any bonds, notes or other instruments of indebt-
14 edness by the port authority shall be undertaken in a manner consistent
15 with applicable laws governing the port authority and covenants with the
16 holders of the port authority's bonds, notes or other instruments of
17 indebtedness.
18 b. At least sixty days prior to the end of its fiscal year, the port
19 authority shall submit to the governor, state comptroller, and legisla-
20 ture of each state a statement of intent in regards to the issuance of
21 and overall amount of bonds, notes, or other debt obligations antic-
22 ipated, at the time the statement is submitted, during the next fiscal
23 year.
24 3. The port authority shall adopt a ten-year capital plan that is
25 developed using a comprehensive planning process and risk-based priori-
26 tization that considers asset condition, operational and revenue impact,
27 threat assessment, customer service, regional benefit, and regulatory or
28 statutory requirements. The capital plan shall be dependent upon the
29 availability of sufficient funding and other resources to pursue the
30 capital projects proposed for the ten-year period. Performance progress
31 and revisions to reflect changes in programs, policies and projects and
32 the environment in which the port authority operates shall be reviewed
33 regularly by a committee designated by the board of commissioners, and
34 the capital plan shall be revised periodically as necessary and appro-
35 priate, and shall be reviewed with the board of commissioners annually.
36 The port authority shall publish an annual report on the status of the
37 capital program and such report shall be made publicly available on the
38 port authority's website. Prior to adoption of a capital plan, the port
39 authority shall make such proposed plan available for public review and
40 comments on its public website for at least two weeks prior to approval,
41 and all comments received are to be distributed to the board of commis-
42 sioners for review prior to consideration of the capital plan.
43 4. The port authority shall prepare a detailed annual operating budget
44 beginning with the fiscal year after the enactment into law legislation
45 having identical effect by the state of New Jersey. A preliminary annu-
46 al operating budget shall be made publicly available on the port author-
47 ity's website in July of every fiscal year and a final annual operating
48 budget shall be made publicly available in February of each fiscal year.
49 § 114. State of emergency; domestic companion animal. 1. a. For the
50 purposes of this section:
51 (1) "Domestic companion animal" means a companion animal or pet as
52 defined in section three hundred fifty of the agriculture and markets
53 law and shall also mean any other domesticated animal normally main-
54 tained in or near the household of the owner or person who cares for
55 such other domesticated animal. "Pet" or "companion animal" shall not
S. 4623 22
1 include a "farm animal," as defined in section three hundred fifty of
2 the agriculture and markets law.
3 (2) "Public transportation or public transportation service" means
4 rail passenger service, motorbus regular route service, paratransit
5 service, motorbus charter service, and ferry passenger service.
6 b. (1) In the event that a state of emergency has been declared and an
7 evacuation of any region of the state is in progress, the owner of a
8 domestic companion animal shall be permitted to board any public trans-
9 portation or public transportation service with the domestic companion
10 animal so long as that animal is under the owner's control by use of a
11 leash or tether, or is properly confined in an appropriate container or
12 by other suitable means, provided that such boarding is authorized by
13 and consistent with the provisions of state disaster emergency plans or
14 local state of emergency plans pertaining to the needs of animals and
15 individuals with an animal under their care. The provisions of this
16 article shall only apply to the owners of domestic companion animals who
17 are evacuating from a region of the state affected by the emergency or
18 local disaster emergency as defined in section twenty of the executive
19 law, or a local state of emergency, as defined in section twenty-four of
20 the executive law.
21 (2) A domestic companion animal may be refused permission to board any
22 public transportation or public transportation service, even if the
23 animal is under the owner's control or properly confined in accordance
24 with this paragraph if there is reasonable cause to believe that, due to
25 attendant circumstances, permitting the animal to board would pose a
26 health or safety hazard.
27 c. All passengers with service animals shall be given priority seating
28 on all means of transportation regulated by this article in accordance
29 with the federal "Americans with Disabilities Act of 1990" (42 U.S.C.
30 s.12101 et seq.). For the purposes of this article, "service animal"
31 shall have the same meaning as set forth in the federal "Americans with
32 Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regu-
33 lations under the act.
34 d. All passengers on any public transportation or public transporta-
35 tion service shall be provided seating before a domestic companion
36 animal may be placed in a seat.
37 2. The port authority is hereby authorized to make and enforce such
38 rules and regulations necessary for the implementation of this section.
39 § 115. Public meetings. 1. The legislature finds and declares that
40 the right of the public to be present at meetings of the port authority
41 of New York and New Jersey, and to witness in full detail all phases of
42 the deliberation, policy formulation, and decision making of the author-
43 ity, is vital to the enhancement and proper functioning of the democrat-
44 ic process, and that secrecy in public affairs undermines the faith of
45 the public in government and the public's effectiveness in fulfilling
46 its role in a democratic society; and declares it to be the public poli-
47 cy of this state to insure the right of its citizens to have adequate
48 advance notice of and the right to attend all meetings of the authority
49 at which any business affecting the public is discussed or acted upon in
50 any way except only in those circumstances where otherwise the public
51 interest would be clearly endangered or the personal privacy of guaran-
52 teed rights of individuals would be clearly in danger of unwarranted
53 invasion.
54 2. The board shall, within six months of the enactment into law of
55 legislation having an identical effort by the state of New Jersey, adopt
56 appropriate rules and regulations concerning proper notice to the public
S. 4623 23
1 and the news media of its meetings and the right of the public and the
2 news media to be present at meetings of the authority. The board may
3 incorporate in its rules and regulations conditions under which it may
4 exclude the public from a meeting or a portion thereof.
5 3. Any rules or regulations adopted hereunder shall become a part of
6 the minutes of the port authority of New York and New Jersey and shall
7 be subject to the approval of the governor of New Jersey and the gover-
8 nor of New York.
9 4. Unless and until otherwise determined by the action of the legisla-
10 tures of the two states, no action of the port authority shall be bind-
11 ing unless taken at a meeting at which at least three of the members
12 from each state are present, and unless a majority of the members from
13 each state present at such meeting but in any event at least three of
14 the members from each state, shall vote in favor thereof. Each state
15 reserves the right to provide by law for the exercise of a veto power by
16 the governor thereof over any action of any commissioner appointed ther-
17 efrom.
18 § 116. Minutes of public meetings. 1. The port authority shall file
19 with the temporary president and minority leader of the senate and the
20 speaker and minority leader of the assembly, the chairman of the assem-
21 bly ways and means committee and the chairman of the senate finance
22 committee of the state of New York and the president, minority leader
23 and secretary of the senate and the speaker, minority leader and clerk
24 of the general assembly of the state of New Jersey a copy of the minutes
25 of any action taken at any public meeting of the port authority. Such
26 filing shall be made on the same day such minutes are transmitted to the
27 governor of each state for review; and notice of such filing shall be
28 provided to the governor of each state at the same time. Failure to
29 effectuate any such filing shall not impair the ability of the authority
30 to act pursuant to a resolution of its board. Such filing shall not
31 apply to any minutes required to be filed pursuant to section twenty of
32 former chapter six hundred fifty-one of the laws of nineteen hundred
33 seventy-eight and continued by part XXVII of this article.
34 2. The temporary president and minority leader of the senate, the
35 speaker and minority leader of the assembly, the chairman of the assem-
36 bly ways and means committee and the chairman of the senate finance
37 committee of the state of New York and the speaker and minority leader
38 of the general assembly and the president and the minority leader of the
39 senate of the state of New Jersey, or representatives designated by them
40 in writing for this purpose, may by certificate filed with the secretary
41 of the port authority waive the foregoing filing requirement with
42 respect to any specific minutes.
43 § 117. Jurisdiction. Unless and until otherwise provided, all laws
44 now or hereafter vesting jurisdiction or control in the public service
45 commission, or the public utilities commission, or like body, within
46 each state respectively, shall apply to railroads and to any transporta-
47 tion, terminal or other facility owned, operated, leased or constructed
48 by the port authority, with the same force and effect as if such rail-
49 road, or transportation, terminal or other facility were owned, leased,
50 operated or constructed by a private corporation.
51 § 118. Powers of municipalities to develop or improve. Nothing
52 contained in this agreement shall impair the powers of any municipality
53 to develop or improve port and terminal facilities.
54 § 119. Comprehensive development. 1. The legislatures of the two
55 states, prior to the signing of this agreement, or thereafter as soon as
S. 4623 24
1 may be practicable, will adopt a plan or plans for the comprehensive
2 development of the port of New York.
3 2. The port authority shall from time to time make plans for the
4 development of the port of New York district, supplementary to or amen-
5 datory of any plan theretofore adopted, and when such plans are duly
6 approved by the legislatures of the two states, they shall be binding
7 upon both states with the same force and effect as if incorporated in
8 this chapter.
9 3. The port authority may petition any interstate commerce commission
10 (or like body), commissioner of transportation, public utilities commis-
11 sion (or like body), or any other federal, municipal, state or local
12 authority, administrative, judicial or legislative, having jurisdiction
13 in the premises, after the adoption of the comprehensive plan as
14 provided for in subdivision one of this section, for the adoption and
15 execution of any physical improvement, change in method, rate of trans-
16 portation, system of handling freight, warehousing, docking, lightering
17 or transfer of freight, which, in the opinion of the port authority, may
18 be designed to improve or better the handling of commerce in and through
19 the port of New York district, or improve terminal and transportation
20 facilities therein. It may intervene in any proceeding affecting the
21 commerce of the port.
22 § 120. Recommendations. The port authority may from time to time make
23 recommendations to the legislatures of the two states or to the congress
24 of the United States, based upon study and analysis, for the better
25 conduct of the commerce passing in and through the port of New York, the
26 increase and improvement of transportation and terminal facilities ther-
27 ein, and the more economical and expeditious handling of such commerce.
28 § 121. Expense of operations. 1. Unless and until the revenues from
29 operations conducted by the port authority are adequate to meet all
30 expenditures, the legislatures of the two states shall appropriate, in
31 equal amounts, annually, for the salaries, office and other administra-
32 tive expenses, such sum or sums as shall be recommended by the port
33 authority and approved by the governors of the two states, but each
34 state obligates itself hereunder only to the extent of one hundred thou-
35 sand dollars in any one year.
36 2. Unless and until otherwise determined by the action of the legisla-
37 tures of the two states, the port authority shall not incur any obli-
38 gations for salaries, office or other administrative expenses, within
39 the provisions of subdivision one of this section, prior to the making
40 of appropriations adequate to meet the same.
41 § 122. Port authority as an agency. Notwithstanding any law to the
42 contrary, the port authority shall be deemed an "agency" and treated as
43 such under the laws of New York, for all purposes under articles six and
44 six-A of the public officers law, and shall be deemed a "public agency"
45 and treated as such under New Jersey, P.L. 1963, c. 73 (C.47:1A-1 et
46 seq.), pertaining to the disclosure of government records.
47 § 123. Notice of claim. Notwithstanding any other provision of law to
48 the contrary, every action against the authority for damages or injuries
49 to real or personal property, or for the destruction thereof, or for
50 personal injuries or wrongful death shall not be commenced unless a
51 notice of claim shall have been served on the authority in the manner
52 provided for in the state where the action is commenced, and in compli-
53 ance with the pertinent statutes of the state relating generally to
54 actions commenced against that state and in compliance with all the
55 requirements of the laws of that state. Where such state's law permits
56 service upon a department of that state in lieu of service upon the
S. 4623 25
1 public entity, service may be made pursuant to such law. Except in an
2 action for wrongful death against such an entity, an action for damages
3 or for injuries to real or personal property, or for the destruction
4 thereof, or for personal injuries, alleged to have been sustained, shall
5 not be commenced more than one year and ninety days after the cause of
6 action therefor shall have accrued or within the time period otherwise
7 prescribed by any special provision of law of that state, whichever is
8 longer.
9 § 124. Regulations. 1. The port authority is hereby authorized to
10 make suitable rules and regulations not inconsistent with the constitu-
11 tion of the United States or of either state, and subject to the exer-
12 cise of the power of congress, for the improvement of the conduct of
13 navigation and commerce, which, when concurred in or authorized by the
14 legislatures of both states, shall be binding and effective upon all
15 persons and corporations affected thereby.
16 2. The two states shall provide penalties for violations of any order,
17 rule or regulation of the port authority, and for the manner of enforc-
18 ing the same.
19 PART II
20 DEVELOPMENT OF THE PORT OF NEW YORK
21 Section 201. Development of the port of New York.
22 202. Investigations.
23 203. Hearings.
24 204. Orders.
25 205. Terminal stations.
26 206. Preference.
27 § 201. Development of the port of New York. 1. Pursuant to subdivi-
28 sion two of section one hundred seven of this article the following be
29 and is hereby adopted as the comprehensive plan for the development of
30 the port of New York:
31 (a) That terminal operations within the port district, so far as
32 economically practicable, should be unified;
33 (b) That there should be consolidation of shipments at proper classi-
34 fication points so as to eliminate duplication of effort, inefficient
35 loading of equipment and realize reduction in expenses;
36 (c) That there should be the most direct routing of all commodities so
37 as to avoid centers of congestion, conflicting currents and long truck-
38 hauls;
39 (d) That terminal stations established under the comprehensive plan
40 should be union stations, so far as practicable;
41 (e) That the process of coordinating facilities should so far as prac-
42 ticable adapt existing facilities as integral parts of the new system,
43 so as to avoid needless destruction of existing capital investment and
44 reduce so far as may be possible the requirements for new capital; and
45 endeavor should be made to obtain the consent of local municipalities
46 within the port district for the coordination of their present and
47 contemplated port and terminal facilities with the whole plan.
48 (f) That freight from all railroads must be brought to all parts of
49 the port wherever practicable without cars breaking bulk, and this
50 necessitates tunnel connection between New Jersey and Long Island, and
51 tunnel or bridge connections between other parts of the port;
52 (g) That there should be urged upon the federal authorities improve-
53 ment of channels so as to give access for that type of waterborne
54 commerce adapted to the various forms of development which the respec-
55 tive shorefronts and adjacent lands of the port would best lend them-
56 selves to;
S. 4623 26
1 (h) That highways for motor truck traffic should be laid out so as to
2 permit the most efficient inter-relation between terminals, piers and
3 industrial establishments not equipped with railroad sidings and for the
4 distribution of building materials and many other commodities which must
5 be handled by trucks; these highways to connect with existing or
6 projected bridges, tunnels and ferries.
7 (i) That definite methods for prompt relief should be devised which
8 can be applied for the better coordination and operation of existing
9 facilities while larger and more comprehensive plans for future develop-
10 ment are being carried out.
11 2. The bridges, tunnels and belt lines forming the comprehensive plan
12 are generally and in outline indicated on maps filed by the port of New
13 York authority in the offices of the secretaries of the states of New
14 York and New Jersey and are hereinafter described in outline.
15 3. (a) A tunnel or tunnels connecting the New Jersey shore and the
16 Brooklyn shore of New York to provide through line connection between
17 the transcontinental railroads now having their terminals in New Jersey
18 with the Long Island railroad and the New York connecting railroad on
19 Long Island and with the New York Central and Hudson River railroad and
20 the New York, New Haven and Hartford railroad in the Bronx, and to
21 provide continuous transportation of freight between the Queens, Brook-
22 lyn and Bronx sections of the port to and from all parts of the westerly
23 section of the port, for all of the transcontinental railroads.
24 (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
25 existing bridge enlarged, to provide direct freight carriage between New
26 Jersey and Staten Island.
27 (c) The location of all such tunnels or bridges to be at the shortest,
28 most accessible and most economical points practicable, taking account
29 of existing facilities now located within the port district and provid-
30 ing for and taking account of all reasonably foreseeable future growth
31 in all parts of the district.
32 4. The island of Manhattan to be connected with New Jersey by bridge
33 or tunnel, or both, and freight destined to and from Manhattan to be
34 carried underground, so far as practicable, by such system, automatic
35 electric as hereinafter described or otherwise, as will furnish the most
36 expeditious, economical and practicable transportation of freight, espe-
37 cially meat, produce, milk and other commodities comprising the daily
38 needs of the people. Suitable markets, union inland terminal stations
39 and warehouses to be laid out at points most convenient to the homes and
40 industries upon the island, the said system to be connected with all the
41 trans-continental railroads terminating in New Jersey and by appropriate
42 connection with the New York Central and Hudson River railroad, the New
43 York, New Haven and Hartford and the Long Island railroads.
44 5. The numbers hereinafter used correspond with the numbers which have
45 been placed on the map of the comprehensive plan to identify the various
46 belt lines and marginal railroads.
47 (a) Number 1. Middle belt line. Connects New Jersey and Staten Island
48 and the railroads on the westerly side of the port with Brooklyn,
49 Queens, the Bronx and the railroads on the easterly side of the port.
50 Connects with the New York Central railroad in the Bronx; with the New
51 York, New Haven and Hartford railroad in the Bronx; with the Long Island
52 railroad in Queens and Brooklyn; with the Baltimore and Ohio railroad
53 near Elizabethport and in Staten Island; with the Central Railroad
54 Company of New Jersey at Elizabethport and at points in Newark and
55 Jersey City; with the Pennsylvania railroad in Newark and Jersey City;
56 with the Lehigh Valley railroad in Newark and Jersey City; with the
S. 4623 27
1 Delaware, Lackawanna and Western railroad in Jersey City and the Secau-
2 cus meadows; with the Erie railroad in Jersey City and the Secaucus
3 meadows; with the New York, Susquehanna and Western, the New York,
4 Ontario and Western and the West Shore railroads on the westerly side of
5 the Palisades above the Weehawken tunnel.
6 The route of the middle belt line as shown on said map is in general
7 as follows: Commencing at the Hudson river at Spuyten Duyvil running
8 easterly and southerly generally along the easterly side of the Harlem
9 river, utilizing existing lines so far as practicable and improving and
10 adding where necessary, to a connection with Hell Gate bridge and the
11 New Haven railroad, a distance of approximately seven miles; thence
12 continuing in a general southerly direction, utilizing existing lines
13 and improving and adding where necessary, to a point near Bay Ridge, a
14 distance of approximately eighteen and one-half miles; thence by a new
15 tunnel under New York bay in a northwesterly direction to a portal in
16 Jersey City or Bayonne, a distance of approximately five miles, to a
17 connection with the tracks of the Pennsylvania and Lehigh Valley rail-
18 roads; thence in a generally northerly direction along the easterly side
19 of Newark bay and the Hackensack river at the westerly foot of the Pali-
20 sades, utilizing existing tracks and improving and adding where neces-
21 sary, making connections with the Jersey Central, Pennsylvania, Lehigh
22 Valley, Delaware, Lackawanna and Western, Erie, New York, Susquehanna
23 and Western, New York, Ontario and Western, and West Shore railroads, a
24 distance of approximately ten miles. From the westerly portal of the Bay
25 tunnel and from the line along the easterly side of Newark bay by the
26 bridges of the Central railroad of New Jersey (crossing the Hackensack
27 and Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads
28 (crossing Newark bay) to the line of the central railroad of New Jersey
29 running along the westerly side of Newark bay and thence southerly along
30 this line to a connection with the Baltimore and Ohio railroad south of
31 Elizabethport, utilizing existing lines so far as practicable and
32 improving and adding where necessary, a distance of approximately twelve
33 miles; thence in an easterly direction crossing the Arthur kill, utiliz-
34 ing existing lines so far as practicable and improving and adding where
35 necessary, along the northerly and easterly shores of Staten Island to
36 the new city piers and to a connection, if the city of New York consent
37 thereto, with the tunnel under the Narrows to Brooklyn provided for
38 under chapter seven hundred of the laws of the state of New York for
39 nineteen hundred and twenty-one.
40 (b) Number 2. A marginal railroad to the Bronx extending along the
41 shore of the East river and Westchester creek connecting with the middle
42 belt line (number one), and with the New York, New Haven and Hartford
43 railroad in the vicinity of Westchester.
44 (c) Number 3. A marginal railroad in Queens and Brooklyn extending
45 along Flushing creek, Flushing bay, the East river and the upper New
46 York bay. Connects with the middle belt line (number one), by lines
47 number four, number five, number six and directly at the southerly end
48 at Bay Ridge. Existing lines to be utilized and improved and added to
49 and new lines built where lines do not now exist.
50 (d) Number 4. An existing line to be improved and added to where
51 necessary. Connects the middle belt line (number one), with the marginal
52 railroad number three near its northeasterly end.
53 (e) Number 5. An existing line to be improved and added to where
54 necessary. Connects the middle belt line (number one), with the marginal
55 railroad number three in Long Island City.
S. 4623 28
1 (f) Number 6. Connects the middle belt line (number one), with the
2 marginal railroad number three in the Greenpoint section of Brooklyn.
3 The existing portion to be improved and added to where necessary.
4 (g) Number 7. A marginal railroad surrounding the northerly and
5 westerly shores of Jamaica bay. A new line. Connects with the middle
6 belt line (number one).
7 (h) Number 8. An existing line, to be improved and added to where
8 necessary. Extends along the southeasterly shore of Staten Island.
9 Connects with middle belt line (number one).
10 (i) Number 9. A marginal railroad extending along the westerly shore
11 of Staten Island and a branch connection with number eight. Connects
12 with the middle belt line (number one), and with a branch from the outer
13 belt line (number fifteen).
14 (j) Number 10. A line made up mainly of existing lines, to be improved
15 and added to where necessary. Connects with the middle belt line (number
16 one) by way of marginal railroad number eleven. Extends along the south-
17 erly shore of Raritan bay and through the territory south of the Raritan
18 river reaching New Brunswick.
19 (k) Number 11. A marginal railroad extending from a connection with
20 the proposed outer belt line (number fifteen) near New Brunswick along
21 the northerly shore of the Raritan river to Perth Amboy, thence norther-
22 ly along the westerly side of the Arthur kill to a connection with the
23 middle belt line (number one) south of Elizabethport. The portion of
24 this line which exists to be improved and added to where necessary.
25 (l) Number 12. A marginal railroad extending along the easterly shore
26 of Newark bay and the Hackensack river and connects with the middle belt
27 line (number one). A new line.
28 (m) Number 13. A marginal railroad extending along the westerly side
29 of the Hudson river and the Upper New York bay. Made up mainly of exist-
30 ing lines----the Erie Terminals, Jersey Junction, Hoboken Shore, and
31 National Docks railroads. To be improved and added to where necessary.
32 To be connected with middle belt line (number one).
33 (n) Number 14. A marginal railroad connecting with the middle belt
34 line (number one), and extending through the Hackensack and Secaucus
35 meadows.
36 (o) Number 15. An outer belt line, extending around the westerly
37 limits of the port district beyond the congested section. Northerly
38 terminus on the Hudson river at Piermont. Connects by marginal railroads
39 at the southerly end with the harbor waters below the congested section.
40 By spurs connects with the middle belt line (number one) on the westerly
41 shore of Newark bay and with the marginal railroad on the westerly shore
42 of Staten Island (number nine).
43 (p) Number 16. The automatic electric system for serving Manhattan
44 Island. Its yards to connect with the middle belt line and with all the
45 railroads of the port district. A standard gauge underground railroad
46 deep enough in Manhattan to permit of two levels of rapid transit
47 subways to pass over it. Standard railroad cars to be brought through to
48 Manhattan terminals for perishables and food products in refrigerator
49 cars. Cars with merchandise freight to be stopped at its yards. Freight
50 from standard cars to be transferred onto wheeled containers, thence to
51 special electrically propelled cars which will bear it to Manhattan.
52 Freight to be kept on wheels between the door of the standard freight
53 car at the transfer point and the tail board of the truck at the Manhat-
54 tan terminal or the store door as may be elected by the shipper or
55 consignee, eliminating extra handling.
S. 4623 29
1 Union terminal stations to be located on Manhattan in zones as far as
2 practicable of equal trucking distance, as to pickups and deliveries, to
3 be served by this system. Terminals to contain storage space and space
4 for other facilities. The system to bring all the railroads of the port
5 to Manhattan.
6 6. The determination of the exact location, system and character of
7 each of the said tunnels, bridges, belt lines, approaches, classifica-
8 tion yards, warehouses, terminals or other improvements shall be made by
9 the port authority after public hearings and further study, but in
10 general the location thereof shall be as indicated upon said map, and as
11 herein described.
12 7. The right to add to, modify or change any part of the foregoing
13 comprehensive plan is reserved by each state, with the concurrence of
14 the other.
15 8. The port of New York authority is hereby authorized and directed to
16 proceed with the development of the port of New York in accordance with
17 said comprehensive plan as rapidly as may be economically practicable
18 and is hereby vested with all necessary and appropriate powers not
19 inconsistent with the constitution of the United States or of either
20 state, to effectuate the same, except the power to levy taxes or assess-
21 ments. It shall request the congress of the United States to make such
22 appropriations for deepening and widening channels and to make such
23 grants of power as will enable the said plan to be effectuated. It shall
24 have power to apply to all federal agencies, including the interstate
25 commerce commission, the war department, and the United States shipping
26 board, for suitable assistance in carrying out said plan. It shall coop-
27 erate with the state highway commissioners of each state so that trunk
28 line highways as and when laid out by each state shall fit in with said
29 comprehensive plan. It shall render such advice, suggestion and assist-
30 ance to all municipal officials as will permit all local and municipal
31 port and harbor improvements, so far as practicable, to fit in with said
32 plan. All municipalities within the district are hereby authorized and
33 empowered to cooperate in the effectuation of said plan, and are hereby
34 vested with such powers as may be appropriate or necessary so to cooper-
35 ate. The bonds or other securities issued by the port authority shall at
36 all times be free from taxation by either state. The port authority
37 shall be regarded as the municipal corporate instrumentality of the two
38 states for the purpose of developing the port and effectuating the
39 pledge of the states in the said compact, but it shall have no power to
40 pledge the credit of either state or to impose any obligation upon
41 either state, or upon any municipality, except as and when such power is
42 expressly granted by statute, or the consent by any such municipality is
43 given.
44 § 202. Investigations. 1. (a) To facilitate the determination of the
45 economic practicability of any step in the comprehensive plan, or of any
46 other fact or matter which the port authority is authorized and
47 empowered to decide or determine, the port authority may conduct inves-
48 tigations, inquiries or hearings at such place or places and at such
49 times as it shall appoint. Such investigations, inquiries or hearings
50 may be held by or before one or more of the commissioners of the port
51 authority, or by or before any person or persons appointed as its repre-
52 sentative, and when ratified, approved or confirmed by the port authori-
53 ty on its action shall be and be deemed to be the investigation, inquiry
54 or hearing of the port authority.
55 (b) For the purpose of such investigations, inquiries or hearings, and
56 of such other action or powers as the port authority may be authorized
S. 4623 30
1 or empowered to take or exercise, it shall have jurisdiction of any and
2 all persons, associations, or corporations, residing in, or acting or
3 existing under or by virtue of the laws of, or owning property or coming
4 within this state.
5 2. The port authority shall have the power to compel the attendance of
6 witnesses and the production of any papers, books or other documents,
7 and to administer oaths to all witnesses who may be called before it.
8 Subpoenas issued by the port authority shall be signed by a commissioner
9 or by the secretary of the port authority. No witness subpoenaed at the
10 instance of parties other than the port authority shall be entitled to
11 compensation therefrom for attendance or travel, but the cost thereof
12 shall be borne by the party at whose instance the witness is summoned,
13 unless the port authority otherwise orders. A subpoena issued under this
14 section shall be regulated by the civil practice law and rules of the
15 state of New York.
16 § 203. Hearings. 1. All hearings before the port authority, including
17 the taking of testimony, shall be governed by rules to be adopted and
18 prescribed by it.
19 2. In any investigation, inquiry or hearing before the port authority,
20 a commissioner or an officer conducting the investigation, inquiry or
21 hearing may confer immunity in accordance with the provisions of section
22 50.20 of the criminal procedure law of the state of New York.
23 3. No commissioner or employee of the port authority shall be required
24 to give testimony in any civil suit to which the port authority is not a
25 party with regard to information obtained by him in the discharge of his
26 or her official duty.
27 § 204. Orders. 1. Every order of the port authority shall be served
28 upon every person, association or corporation to be affected thereby,
29 either by personal delivery of a certified copy thereof, or by mailing a
30 certified copy thereof, in a sealed package with postage prepaid, to the
31 person to be affected thereby; or in the case of a corporation to any
32 officer or agent thereof upon whom a summons might be served, either
33 within or without the state, in accordance with law. It shall be the
34 duty of every person, association or corporation, to notify the port
35 authority forthwith, in writing, of the receipt of the certified copy of
36 every order so served, and in the case of a corporation such notifica-
37 tion must be signed and acknowledged by a person or officer duly author-
38 ized by the corporation to admit such service. Within a time specified
39 in the order of the port authority, such person, association or corpo-
40 ration, upon whom it is served, must, if so required in the order, noti-
41 fy the port authority in like manner whether the terms of the order are
42 accepted and will be obeyed. Every order of the port authority shall
43 take effect at a time therein specified and shall continue in force
44 either for a period which may be designated therein, or until changed or
45 abrogated by the port authority, unless such order be unauthorized by
46 law, or be in violation of a provision of the constitution of the state,
47 or of the United States.
48 2. No order staying or suspending an order of the port authority shall
49 be made by any court otherwise than upon notice and after hearing, and
50 if the order of the port authority is suspended, the order suspending
51 the same shall contain a specific finding based upon evidence submitted
52 to the court and identified by reference thereto that great and irrepar-
53 able damage would otherwise result to the petitioner and specifying the
54 nature of the damage.
55 3. (a) Whenever the port authority shall be of the opinion that any
56 person, association or corporation subject to its jurisdiction is fail-
S. 4623 31
1 ing or omitting, or about to fail or omit to do anything required of it
2 by the laws governing the development and regulation of the port of New
3 York, or by its order, or is doing or is about to do anything, or
4 permitting, or about to permit anything to be done contrary to, or in
5 violation of, such law or orders, it shall direct its legal represen-
6 tative to commence an action or proceeding in the name of the port
7 authority, in an appropriate court having jurisdiction, for the purpose
8 of having such violations, or threatened violations, stopped and
9 prevented either by mandamus or injunction. Such an action or proceeding
10 may be brought in the supreme court of this state, and the said court
11 shall have and is hereby given the necessary and appropriate jurisdic-
12 tion to grant mandamus or injunction, as the case may require, or any
13 other relief appropriate to the case.
14 (b) Failure of such person, association or corporation to notify the
15 port authority, as required in the preceding section, of its acceptance
16 of and willingness to obey any order of the port authority shall be and
17 be deemed to be prima facie proof that such person, association or
18 corporation is guilty of such violation, or threatened violation. The
19 legal representative of the port authority shall begin such action or
20 proceeding by a petition to the appropriate court, alleging the
21 violation complained of and praying for appropriate relief by way of
22 mandamus or injunction. If the petition is directed to a court of this
23 state, it shall thereupon be the duty of the court to specify the time,
24 not exceeding twenty days after the service of a copy of the petition,
25 within which the person, association or corporation complained of must
26 answer the petition. In case of default in answer, or after answer, the
27 court shall immediately inquire into the facts and circumstances, in
28 such manner as the court shall direct, without other or formal pleadings
29 and without respect to any technical requirement. Such other persons,
30 associations or corporations as the court shall deem necessary or proper
31 to join as parties, in order to make its order, judgment or writs effec-
32 tive, may be joined as parties upon application of the legal represen-
33 tative of the port authority. The final judgment in any such action or
34 proceeding shall either dismiss the action or proceeding, or direct that
35 a writ of mandamus, or an injunction, or both, issue as prayed for in
36 the petition, or in such modified or other form as the court may deter-
37 mine will afford the appropriate relief.
38 4. (a) Whenever the port authority, after opportunity to the parties
39 affected or to be affected thereby to be heard, shall determine any fact
40 or matter which it is authorized by any law to hear or determine, or
41 that any step in the effectuation of the comprehensive plan is or in the
42 near future will be economically practicable, it shall make its findings
43 in writing, setting forth its reasons therefor, and such findings shall
44 be and be deemed to be a determination by the port authority, under and
45 pursuant to law. Upon such determination an appropriate order may be
46 entered by the port authority and be made effective and may be enforced
47 as herein provided.
48 (b) If such findings or determination shall require the use of exist-
49 ing facilities or any part thereof described in the law, owned or oper-
50 ated by any carrier or carriers, then the port authority may order and
51 require the carrier or carriers owning or operating said railroad facil-
52 ities or part thereof to permit the use of such facilities or part ther-
53 eof upon the payment of reasonable compensation therefor. If the carrier
54 or carriers affected or to be affected by such order shall not be able,
55 within the time to be specified in its order by the port authority, to
56 agree among themselves upon the compensation to be paid by a user to a
S. 4623 32
1 proprietor or operator for the use of such existing facilities or part
2 thereof, then the port authority shall make determination of the amount
3 to be paid by the user to the proprietary carrier or carriers, taking
4 all the facts and circumstances into account, including the public use
5 to which such facilities have been put; or, at its option, the port
6 authority may apply to the supreme court of this state, either in a
7 separate proceeding or in proceedings by mandamus or injunction to
8 enforce its order, to fix and determine the fair and reasonable compen-
9 sation to be paid by the user to the proprietary carrier or carriers for
10 such use. If any carrier shall be dissatisfied with the findings of the
11 port authority in the matter of the compensation to be paid for the use
12 of any existing facility, it shall have the right to review the same in
13 the supreme court of this state by taking appropriate proceedings for
14 such review within sixty days from the service of the order of the port
15 authority, but pending such review the order for the use of such facili-
16 ties shall be operative, the determination of the compensation by the
17 court to relate back to the time of the commencement of such user,
18 unless the court shall for good and proper reasons enjoin the operation
19 of such order.
20 § 205. Terminal stations. If, in the determination of steps to effec-
21 tuate the comprehensive plan, the port authority shall determine that
22 one or more union terminal stations are then, or in the near future,
23 economically practicable, it shall call a conference of all the carriers
24 affected or to be affected by the use of such terminal stations or
25 station and shall submit to them a plan or plans for the construction,
26 maintenance and use thereof. If the carriers or any of them shall fail
27 or refuse to agree upon such plan, the port authority shall make and
28 certify its findings and conclusions to the supreme court of this state,
29 and the said court is vested with appropriate and adequate jurisdiction
30 to determine whether or not such plan or plans for a union station or
31 stations effectuate the comprehensive plan, and to make such conditions
32 and impose such terms as will carry out the same in accordance with the
33 principles embraced in the comprehensive plan and the laws governing the
34 same.
35 § 206. Preference. All actions and proceedings to which the port
36 authority may be a party and in which any question arises under the laws
37 relating to the port authority, or under or concerning any of its orders
38 or actions, shall be preferred over all other civil causes, except
39 election causes, in all courts of this state and shall be heard and
40 determined in preference to all other civil business pending therein,
41 except election causes, irrespective of position on the calendar. The
42 same preference shall be granted upon application of the legal represen-
43 tative of the port authority, in any action or proceeding in which he or
44 she may be allowed to intervene.
45 PART III
46 BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY
47 Section 301. Legislative intent.
48 302. Tunnels.
49 303. Bridges.
50 304. Studies and reporting.
51 305. Inspections.
52 306. Construction, maintenance and operation.
53 307. Rules and regulations relating to tunnels and bridges.
54 308. Bonds.
55 309. Compact.
S. 4623 33
1 § 301. Legislative intent. The state of New Jersey by appropriate
2 legislation concurring herein, the states of New York and New Jersey
3 hereby declare and agree that the vehicular traffic moving across the
4 interstate waters within the port of New York district, created by the
5 compact of April thirty, nineteen hundred twenty-one, between the said
6 states, which said phrase "interstate waters" as used in this part shall
7 include the portion of the Hudson river within the said port of New York
8 district north of the New Jersey state line, constitutes a general move-
9 ment of traffic which follows the most accessible and practicable
10 routes, and that the users of each bridge or tunnel over or under the
11 said waters benefit by the existence of every other bridge or tunnel
12 since all such bridges and tunnels as a group facilitate the movement of
13 such traffic and relieve congestion at each of the several bridges and
14 tunnels. Accordingly the two said states, in the interest of the users
15 of such bridges and tunnels and the general public, hereby agree that
16 the construction, maintenance, operation and control of all such bridges
17 and tunnels, heretofore or hereafter authorized by the two said states,
18 shall be unified under the port authority, to the end that the tolls and
19 other revenues therefrom shall be applied so far as practicable to the
20 costs of the construction, maintenance and operation of said bridges and
21 tunnels as a group and economies in operation effected, it being the
22 policy of the two said states that such bridges and tunnels shall as a
23 group be in all respects self-sustaining.
24 § 302. Tunnels. 1. In furtherance of the policy stated in section
25 three hundred one of this part, and in partial effectuation of the
26 comprehensive plan adopted by the two said states for the development of
27 the said port of New York district pursuant to this chapter, the
28 control, operation, tolls and other revenues of the vehicular tunnel,
29 known as the Holland tunnel, under the Hudson river between the city of
30 Jersey City and the city of New York, shall be vested in the port
31 authority as hereinafter provided; and the port authority is hereby
32 authorized and empowered to construct, own, maintain and operate an
33 interstate vehicular crossing under the Hudson river to consist of three
34 tubes (hereinafter called the Midtown Hudson tunnel), together with such
35 approaches thereto and connections with highways as the port authority
36 may deem necessary or desirable.
37 2. The entrances, exits and approaches to the said Midtown Hudson
38 tunnel, on the New York side, shall be between West Thirty-fifth street
39 and West Forty-first street and in the vicinity of Ninth avenue and to
40 the west thereof, in the borough of Manhattan, city of New York. The
41 approaches to the said Midtown Hudson tunnel on the New Jersey side
42 shall be so located and constructed as to permit tunnel traffic to pass
43 over or under the tracks of the New York, Susquehanna and Western Rail-
44 road Company and the Northern Railroad Company of New Jersey, immediate-
45 ly west of the Palisades, without crossing the said tracks at grade, and
46 as to permit connections with New Jersey state highway routes in the
47 vicinity of the said tracks. The said Midtown Hudson tunnel shall have
48 an appropriate entrance and exit in the township of Weehawken, county of
49 Hudson, state of New Jersey.
50 3. The control, operation, tolls and other revenues of the said
51 Holland tunnel and its entrance and exit plazas and of all real and
52 personal property appurtenant thereto or used in connection therewith,
53 shall vest in the port authority upon the making of the following
54 payments by the port authority to each of the said two states:
55 (a) An amount equal to the moneys contributed by such state toward the
56 cost of construction of the said Holland tunnel, with interest thereon
S. 4623 34
1 at the rate of four and one-quarter per centum per annum from the date
2 or dates on which such moneys were contributed by such state to the date
3 of the payment to such state;
4 (b) Less, however, the share of such state in the net revenues of the
5 said tunnel to the date of the said payment, and less interest on such
6 net revenues at the rate of four and one-quarter per centum per annum
7 from the dates on which the said net revenues were received by such
8 state to the date of the said payment;
9 (c) And in the case of the payment to the state of New York, less an
10 amount equal to the moneys which the said state has agreed to advance to
11 the port authority (but which have not as yet been advanced to the port
12 authority) in aid of bridge construction, during the fiscal years
13 commencing in nineteen hundred thirty-one and nineteen hundred thirty-
14 two, pursuant to chapter seven hundred and sixty-one of the laws of New
15 York of nineteen hundred twenty-six and chapter three hundred of the
16 laws of New York of nineteen hundred twenty-seven and acts amendatory
17 thereof and supplemental thereto, discounted, however, in the case of
18 each advance at the rate of four and one-quarter per centum per annum,
19 from the date of the said payment to the state of New York to the date
20 upon which such advance is to be available pursuant to the aforesaid
21 statutes.
22 In computing interest as aforesaid upon the moneys contributed by each
23 of the said two states toward the cost of construction of the said
24 Holland tunnel, such moneys shall be deemed to have been contributed by
25 such state upon the first day of the month following the month during
26 which there were presented to the comptroller of such state for audit
27 and payment, the schedules and vouchers pursuant to which such moneys
28 were paid. In computing interest as aforesaid upon the net revenues
29 received by each of the said two states, such net revenues shall be
30 deemed to have been received by such state upon the date when such
31 revenues were credited to such state or to the commission of such state
32 pursuant to paragraph eleven of article fourteen of the compact of
33 December thirty, nineteen hundred nineteen, between the two said states.
34 4. If the amount paid by the port authority to the state of New Jersey
35 pursuant to subdivision three of this section shall be less than an
36 amount which, together with the moneys then in the sinking fund estab-
37 lished by chapter three hundred and fifty-two of the laws of New Jersey
38 of nineteen hundred twenty and chapter two hundred and sixty-two of the
39 laws of New Jersey of nineteen hundred twenty-four, hereinafter called
40 the New Jersey Camden bridge-Holland tunnel sinking fund (other than
41 moneys set apart to pay interest for the then current year upon the
42 bonds of the state of New Jersey authorized by the aforesaid acts of the
43 state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
44 tunnel bonds), will be equal to the principal amount of the then
45 outstanding New Jersey Camden bridge-Holland tunnel bonds, then and in
46 such event, the port authority shall in addition pay to the state of New
47 Jersey an amount which, together with the amount paid under and pursuant
48 to the preceding section hereof and the moneys then in said New Jersey
49 Camden bridge-Holland tunnel sinking fund, will be equal to the princi-
50 pal amount of the then outstanding New Jersey Camden bridge-Holland
51 tunnel bonds; and shall, moreover, pay to the state of New York a like
52 amount.
53 5. The amount payable by the port authority to the state of New York
54 pursuant to subdivisions three and four of this section shall be paid by
55 the port authority into the treasury of the state of New York upon the
56 thirtieth day of June, nineteen hundred thirty-one, or at an earlier
S. 4623 35
1 date at the option of the port authority on five days' notice to the
2 comptroller of the state of New York, upon a voucher signed and audited
3 by the said comptroller, who is hereby authorized to consummate the said
4 transaction.
5 6. The amount payable by the port authority to the state of New Jersey
6 pursuant to subdivisions three and four of this section shall be paid by
7 the port authority to the sinking fund commission created by said chap-
8 ter three hundred and fifty-two of the laws of New Jersey of nineteen
9 hundred twenty and said chapter two hundred and sixty-two of the laws of
10 New Jersey of nineteen hundred twenty-four, hereinafter called the New
11 Jersey Camden bridge-Holland tunnel sinking fund commission upon the
12 thirtieth day of June, nineteen hundred thirty-one, or such other date
13 as may be agreed upon by the said sinking fund commission and the port
14 authority, upon a voucher signed and audited by the said sinking fund
15 commission, which said commission is hereby authorized to consummate
16 said transaction; and the said moneys shall be deposited in the said New
17 Jersey Camden bridge-Holland tunnel sinking fund, and shall for all
18 purposes be deemed to be a part thereof and subject to the appropriation
19 of the moneys in the said sinking fund, made by the aforesaid statutes
20 of the state of New Jersey.
21 7. The income and interest received from or accruing upon the moneys
22 in the aforesaid New Jersey Camden bridge-Holland tunnel sinking fund,
23 and from the investment thereof, shall be set apart and held by the said
24 New Jersey Camden bridge-Holland tunnel sinking fund commission for the
25 payment of interest on New Jersey Camden bridge-Holland tunnel bonds,
26 and shall be subject to the appropriation made of moneys so set apart
27 and held, by the aforesaid statutes of the state of New Jersey, and
28 shall be applied to the payment of such interest.
29 8. Upon the making of the foregoing payments by the port authority to
30 the two said states, the provisions of the compact of December thirty,
31 nineteen hundred nineteen, between the said two states, relating to the
32 construction and operation of the said Holland tunnel, as amended, so
33 far as inconsistent herewith or with the rules, practice and procedure
34 or general authority of the port authority, shall be and shall be deemed
35 to be abrogated; and chapter four hundred and twenty-one of the laws of
36 New York of nineteen hundred thirty, and chapter two hundred and forty-
37 seven of the laws of New Jersey of nineteen hundred thirty, making the
38 port authority the agent of the two states in connection with the opera-
39 tion of the said Holland tunnel shall cease to be effective.
40 § 303. Bridges. 1. Except as may be agreed upon between the port
41 authority and the municipality in which they shall be located, the
42 approaches to the George Washington bridge hereafter constructed on the
43 New York side shall be located as follows: between Amsterdam avenue and
44 Pinehurst avenue, the approaches shall be located between West One
45 hundred seventy-eighth street and West One hundred seventy-ninth street;
46 between Pinehurst avenue and Cabrini boulevard, the approaches shall be
47 between West One hundred seventy-eighth street and West One hundred
48 eightieth street; between Cabrini boulevard and Haven avenue, the
49 approaches shall be between West One hundred seventy-seventh street and
50 the line parallel to the northerly side of West One hundred eightieth
51 street and one hundred twenty-five feet north of the building line on
52 the north side thereof; between Haven avenue and Service street north of
53 the George Washington bridge, the approaches shall be between the bridge
54 and an extension of the building line on the northerly side of West One
55 hundred eightieth street. Except as so limited, the port authority may
56 effectuate such approaches, connections, highway extensions or highway
S. 4623 36
1 improvements as it shall deem necessary or desirable in relation to the
2 George Washington bridge, located in or extending across the counties in
3 which such bridge is located, and, in its discretion, may do so by
4 agreement with any other public agency; such agreement may provide for
5 the construction, ownership, maintenance or operation of such
6 approaches, connections or highway extensions or highway improvements by
7 such other public agency.
8 2. The port authority is hereby authorized and empowered, in its
9 discretion, to construct, own, maintain and operate in Washington
10 Heights in the borough of Manhattan, New York city, as an addition and
11 improvement to the vehicular bridge over the Hudson river at Fort Lee,
12 known as and hereinafter in this section referred to as the George Wash-
13 ington bridge, a bus passenger facility, by which is meant a facility
14 consisting of one or more buildings, structures, improvements, loading
15 or unloading areas, parking areas or other facilities necessary, conven-
16 ient or desirable in the opinion of the port authority for the accommo-
17 dation of omnibuses and other motor vehicles operated by carriers
18 engaged in the transportation of passengers, or for the loading, unload-
19 ing, interchange or transfer of such passengers or their baggage, or
20 otherwise for the accommodation, use or convenience of such passengers
21 or such carriers or their employees and for purposes incidental thereto.
22 3. Nothing herein contained shall be deemed to prevent the port
23 authority from establishing, levying and collecting tolls and other
24 charges in connection with such bus passenger facility in addition to
25 and other than the tolls or charges established, levied and collected in
26 connection with the George Washington bridge or any other bridge or
27 tunnel.
28 § 304. Studies and reporting. The port authority shall from time to
29 time make studies, surveys and investigations to determine the necessity
30 and practicability of vehicular bridges and tunnels over or under inter-
31 state waters within the port of New York district, in addition to the
32 Midtown Hudson tunnel and Holland tunnel and to the George Washington
33 bridge, Goethals bridge, Outerbridge Crossing and Bayonne bridge, and
34 report to the governors and legislatures of the two states thereon. The
35 port authority shall not proceed with the construction of any such addi-
36 tional vehicular bridges and tunnels over or under said interstate
37 waters until hereafter expressly authorized by the two said states, but
38 the second deck of the George Washington bridge shall be considered an
39 addition and improvement to the said bridge and not such an additional
40 vehicular bridge, and the port authority's power and authorization to
41 construct, own, maintain and operate said second deck for highway vehic-
42 ular or rail rapid transit traffic or both is hereby acknowledged and
43 confirmed.
44 § 305. Inspections. The port authority shall inspect bridges located
45 within the state of New York and under the authority's jurisdiction in
46 accordance with criteria established for other publicly-owned bridges
47 within the state.
48 § 306. Construction, maintenance and operation. 1. The port authority
49 shall, so far as it deems it practicable, treat as a single unified
50 operation the construction, maintenance and operation of the said
51 Midtown Hudson tunnel, the Holland tunnel, the two vehicular bridges
52 over the Arthur Kill, the vehicular bridge over the Kill van Kull, the
53 vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
54 ular bridges or tunnels which it may construct or operate, raising
55 moneys for the construction thereof and for the making of additions and
56 improvements thereto in whole or in part upon its own obligations, and
S. 4623 37
1 establishing and levying such tolls and other charges as it may deem
2 necessary to secure from all of such bridges and tunnels as a group, at
3 least sufficient revenue to meet the expenses of the construction, main-
4 tenance and operation of such bridges and tunnels as a group, and to
5 provide for the payment of the interest upon and amortization and
6 retirement of and the fulfillment of the terms of all bonds and other
7 securities and obligations which it may have issued or incurred in
8 connection therewith.
9 2. The additions and improvements to bridges and tunnels constructed
10 or operated by it which the port authority is hereby authorized to
11 effectuate shall include but not be limited to parking facilities, by
12 which is meant transportation facilities consisting of one or more
13 areas, buildings, structures, improvements, or other accommodations or
14 appurtenances necessary, convenient or desirable in the opinion of the
15 port authority for the parking or storage of motor vehicles of users of
16 such bridges and tunnels and other members of the general public and for
17 the transfer of the operators and passengers of such motor vehicles to
18 and from omnibuses and other motor vehicles operated by carriers over or
19 through such bridges or tunnels, and for purposes incidental thereto.
20 3. Nothing herein contained shall be deemed to prevent the port
21 authority from establishing, levying and collecting tolls and other
22 charges in connection with any parking facility in addition to and other
23 than the tolls or charges established, levied and collected in
24 connection with the bridge or tunnel to which such parking facility is
25 an addition and improvement or any other bridge or tunnel.
26 4. The port authority shall not proceed with the construction of any
27 parking facility as an addition and improvement to any bridge or tunnel
28 other than a parking facility in the township of North Bergen in the
29 state of New Jersey at or in the vicinity of the Midtown Hudson tunnel
30 and its approaches and connections, except as heretofore or hereafter
31 expressly authorized.
32 5. The plans of the connections with state or municipal highways of
33 any vehicular bridge or tunnel which the port authority may hereafter
34 construct (including the plans of any additional connections of existing
35 bridges or tunnels with state or municipal highways), shall be subject
36 to the approval of the governor of the state in which such connections
37 shall be located. Either state may require by appropriate legislation
38 that such connections shall be subject to the approval of the munici-
39 pality of that state in which they shall be located; and in such event,
40 the approval of such municipality shall be given as provided in subdivi-
41 sion two of section one hundred three of this article. Except as limit-
42 ed herein, the port authority shall determine all matters pertaining to
43 such bridges and tunnels.
44 6. The construction, maintenance and operation of vehicular bridges
45 and tunnels within the said port of New York district (including the
46 said Holland tunnel and the said Midtown Hudson tunnel), are and will be
47 in all respects for the benefit of the people of the states of New York
48 and New Jersey, for the increase of their commerce and prosperity and
49 for the improvement of their health and living conditions; and the port
50 authority shall be regarded as performing an essential governmental
51 function in undertaking the construction, maintenance and operation
52 thereof and in carrying out the provisions of law relating thereto, and
53 shall be required to pay no taxes or assessments upon any of the proper-
54 ty acquired or used by it for such purposes.
55 7. If for any of the purposes of this part (including temporary
56 construction purposes, and the making of additions or improvements to
S. 4623 38
1 bridges or tunnels already constructed), the port authority shall find
2 it necessary or convenient to acquire any real property as herein
3 defined, whether for immediate or future use, the port authority may
4 find and determine that such property, whether a fee simple absolute or
5 a lesser interest, is required for a public use, and upon such determi-
6 nation, the said property shall be and shall be deemed to be required
7 for such public use until otherwise determined by the port authority;
8 and with the exceptions hereinafter specifically noted, the said deter-
9 mination shall not be affected by the fact that such property has there-
10 tofore been taken for, or is then devoted to, a public use; but the
11 public use in the hands or under the control of the port authority shall
12 be deemed superior to the public use in the hands of any other person,
13 association or corporation.
14 8. The port authority may acquire and is hereby authorized to acquire
15 such property, whether a fee simple absolute or a lesser interest, by
16 the exercise of the right of eminent domain under and pursuant to the
17 provisions of the eminent domain procedure law of the state of New York,
18 in the case of property located in such state, and revised statutes of
19 New Jersey, Title 20:1-1 et seq., in the case of property located in
20 such state, or at the option of the port authority as provided in
21 section fifteen of chapter forty-three of the laws of New Jersey of
22 nineteen hundred forty-seven, as amended, for the condemnation of real
23 property for air terminal purposes, in the case of property located in
24 such state, or pursuant to such other and alternate procedure as may be
25 provided by law.
26 9. Where a person entitled to an award in the proceedings to acquire
27 any real property for any of the purposes of this part, remains in
28 possession of such property after the time of the vesting of title in
29 the port authority, the reasonable value of his use and occupancy of
30 such property subsequent to such time, as fixed by agreement or by the
31 court in such proceedings or by any court of competent jurisdiction,
32 shall be a lien against such award, subject only to liens of record at
33 the time of the vesting of title in the port authority.
34 10. Nothing herein contained shall be construed to prohibit the port
35 authority from bringing any proceedings to remove a cloud on title or
36 such other proceedings as it may, in its discretion, deem proper and
37 necessary, or from acquiring any such property by negotiation or
38 purchase.
39 11. Anything in this act to the contrary notwithstanding, no property
40 now or hereafter vested in or held by any county, city, borough,
41 village, township or other municipality shall be taken by the port
42 authority, without the authority or consent of such county, city,
43 borough, village, township or other municipality as provided in part one
44 of this article, provided that the state in which such county, city,
45 borough, village, township or other municipality is located may author-
46 ize such property to be taken by the port authority by condemnation or
47 the exercise of the right of eminent domain without such authority or
48 consent; nor shall anything herein impair or invalidate in any way any
49 bonded indebtedness of the state, or such county, city, borough,
50 village, township or other municipality, nor impair the provisions of
51 law regulating the payment into sinking funds of revenue derived from
52 municipal property, or dedicating the revenues derived from municipal
53 property, to a specific purpose. The port authority is hereby authorized
54 and empowered to acquire from any such county, city, borough, village,
55 township or other municipality, or from any other public agency or
56 commission having jurisdiction in the premises, by agreement therewith,
S. 4623 39
1 and such county, city, borough, village, township, municipality, public
2 agency or commission, notwithstanding any contrary provision of law, is
3 hereby authorized and empowered to grant and convey upon reasonable
4 terms and conditions, any real property, which may be necessary for the
5 construction, operation and maintenance of such bridges and tunnels,
6 including such real property as has already been devoted to a public
7 use. Each of the two said states hereby consent to the use and occupa-
8 tion of the real property of such state necessary for the construction,
9 operation and maintenance of bridges and tunnels constructed or operated
10 pursuant to the provisions of this part, including lands of the state
11 lying under water.
12 12. The port authority and its duly authorized agents and employees
13 may enter upon any land in this state for the purpose of making such
14 surveys, maps, or other examinations thereof as it may deem necessary or
15 convenient for the purposes of this part.
16 13. The term "real property" as used in this section is defined to
17 include lands, structures, franchises, and interests in land, including
18 lands under water and riparian rights, and any and all things and rights
19 usually included within the said term, and includes not only fees simple
20 absolute but also any and all lesser interests, such as easements,
21 rights of way, uses, leases, licenses and all other incorporeal heredi-
22 taments and every estate, interest or right, legal or equitable, includ-
23 ing terms of years, and liens thereon by way of judgments, mortgages or
24 otherwise, and also claims for damage to real estate.
25 14. Nothing herein contained shall be construed to authorize or permit
26 the port authority to undertake the construction of any vehicular bridge
27 or tunnel over or under the Arthur Kill, unless or until adequate
28 provision has been made by law for the protection of those advancing
29 money upon the obligations of the port authority for the construction of
30 the bridges mentioned in chapter two hundred and ten of the laws of
31 nineteen hundred twenty-five, or the construction of any vehicular
32 bridge or tunnel over or under the Hudson river, at or north of Sixtieth
33 street in the borough of Manhattan, city of New York, unless or until
34 adequate provision has been made by law for the protection of those
35 advancing money upon the obligations of the port authority for the
36 construction of the bridge mentioned in chapter seven hundred and
37 sixty-one of the laws of nineteen hundred twenty-six, or the
38 construction of any vehicular bridge or tunnel over or under the Kill
39 van Kull unless or until adequate provision has been made by law for the
40 protection of those advancing money upon the obligations of the port
41 authority for the construction of the bridge mentioned in chapter three
42 hundred of the laws of nineteen hundred twenty-seven.
43 § 307. Rules and regulations relating to tunnels and bridges. 1. The
44 port authority is hereby authorized to make and enforce such rules and
45 regulations and to establish, levy and collect such tolls and other
46 charges in connection with any vehicular bridges and tunnels which it
47 may now or hereafter be authorized to own, construct, operate or control
48 (including the said Holland tunnel and the said Midtown Hudson tunnel),
49 as it may deem necessary, proper or desirable, which said tolls and
50 charges shall be at least sufficient to meet the expenses of the
51 construction, operation and maintenance thereof, and to provide for the
52 payment of, with interest upon, and the amortization and retirement of
53 bonds or other securities or obligations issued or incurred for bridge
54 or tunnel purposes. There shall be allocated to the cost of the
55 construction, operation and maintenance of such bridges and tunnels,
S. 4623 40
1 such proportion of the general expenses of the port authority as it
2 shall deem properly chargeable thereto.
3 2. The moneys in the general reserve fund of the port authority
4 (authorized by chapter five of the laws of New Jersey of nineteen
5 hundred thirty-one, as amended, and chapter forty-eight of the laws of
6 New York of nineteen hundred thirty-one, as amended and continued by
7 part XXIX of this article) may be pledged in whole or in part by the
8 port authority as security for or applied by it to the repayment with
9 interest of any moneys which it may raise upon bonds or other securities
10 or obligations issued or incurred from time to time for any of the
11 purposes of this part or secured in whole or in part by the pledge of
12 the revenues of the port authority from any bridge or tunnel or both so
13 issued or incurred and so secured; and the moneys in said general
14 reserve fund may be applied by the port authority to the fulfillment of
15 any other undertakings which it may assume to or for the benefit of the
16 holders of any such bonds, securities or other obligations.
17 3. Subject to prior liens and pledges (and to the obligation of the
18 port authority to apply revenues to the maintenance of its general
19 reserve fund in the amount prescribed by the said statutes authorizing
20 said fund), the revenues of the port authority from facilities estab-
21 lished, constructed, acquired or effectuated through the issuance or
22 sale of bonds of the port authority secured by a pledge of its general
23 reserve fund may be pledged in whole or in part as security for or
24 applied by it to the repayment with interest of any moneys which it may
25 raise upon bonds or other securities or obligations issued or incurred
26 from time to time for any of the purposes of this part or secured in
27 whole or in part by the pledge of the revenues of the port authority
28 from any bridge or tunnel or both so issued or incurred and so secured,
29 and said revenues may be applied by the port authority to the fulfill-
30 ment of any other undertakings which it may assume to or for the benefit
31 of the holders of such bonds, securities or other obligations.
32 In the event that at any time the balance of moneys theretofore paid
33 into the general reserve fund and not applied therefrom shall exceed an
34 amount equal to one-tenth of the par value of all bonds legal for
35 investment, as defined and limited in the said statutes authorizing said
36 fund, issued by the port authority and currently outstanding at such
37 time, by reason of the retirement of bonds or other securities or obli-
38 gations issued or incurred from time to time for any of the purposes of
39 this part or secured in whole or in part by the pledge of the revenues
40 of the port authority from any bridge or tunnel or both so issued or
41 incurred and so secured, the par value of which had theretofore been
42 included in the computation of said one-tenth, then the port authority
43 may pledge or apply such excess for and only for the purposes for which
44 it is authorized by the said statutes authorizing said fund to pledge
45 the moneys in the general reserve fund and such pledge may be made in
46 advance of the time when such excess may occur.
47 § 308. Bonds. 1. The two said states covenant and agree with each
48 other and with the holders of any bonds or other securities or obli-
49 gations of the port authority, issued or incurred for bridge or tunnel
50 purposes and as security for which there may or shall be pledged the
51 tolls and revenues or any part thereof of any vehicular bridge or tunnel
52 (including the said Holland tunnel and the said Midtown Hudson tunnel),
53 that the two said states will not, so long as any of such bonds or other
54 obligations remain outstanding and unpaid, diminish or impair the power
55 of the port authority to establish, levy and collect tolls and other
56 charges in connection therewith; and that the two said states will not,
S. 4623 41
1 so long as any of such bonds or other obligations remain outstanding and
2 unpaid, authorize the construction of any vehicular bridges or tunnels
3 over or under interstate waters as herein defined within the said port
4 of New York district, by any person or body other than the port authori-
5 ty, in competition with those whose tolls or other revenues are pledged
6 as aforesaid; provided that nothing herein contained shall be deemed to
7 refer to the bridge authorized by the act of congress of July eleven,
8 eighteen hundred ninety, chapter six hundred and sixty-nine, and acts
9 amendatory thereof and supplemental thereto; and provided further that
10 nothing herein contained shall preclude the authorization of the
11 construction of such competitive tunnels or bridges by other persons or
12 bodies if and when adequate provision shall be made by law for the
13 protection of those advancing money upon such obligations.
14 2. The bonds or other securities or obligations which may be issued or
15 incurred by the port authority pursuant to this part, or as security for
16 which there may be pledged the tolls and other revenues or any part
17 thereof of any vehicular bridge or tunnel (including the said Holland
18 tunnel and the said Midtown Hudson tunnel) now or hereafter authorized
19 by the two said states or both so issued or incurred and so secured, are
20 hereby made securities in which all state and municipal officers and
21 bodies, all banks, bankers, trust companies, savings banks, savings and
22 loan associations, investment companies and other persons carrying on a
23 banking business, all insurance companies, insurance associations and
24 other persons carrying on an insurance business, and all administrators,
25 executors, guardians, trustees and other fiduciaries and all other
26 persons whatsoever who are now or may hereafter be authorized to invest
27 in bonds or other obligations of the state, may properly and legally
28 invest any funds, including capital, belonging to them or within their
29 control; and said bonds or other securities or obligations are hereby
30 made securities which may properly and legally be deposited with and
31 shall be received by any state or municipal officer or agency for any
32 purpose for which the deposit of bonds or other obligations of this
33 state is now or may hereafter be authorized.
34 § 309. Compact. 1. This section and the preceding sections of this
35 part, constitute an agreement between the states of New York and New
36 Jersey supplementary to the compact between the two states dated April
37 thirty, nineteen hundred twenty-one, and amendatory thereof, and shall
38 be liberally construed to effectuate the purposes of said compact and of
39 the comprehensive plan heretofore adopted by the two states, and any
40 powers granted to the port authority by this part shall be deemed to be
41 in aid of and supplementary to and in no case a limitation upon the
42 powers heretofore vested in the port authority by the two said states
43 and/or by congress, except as herein otherwise provided.
44 2. Any declarations contained in this part with respect to the govern-
45 mental nature of bridges and tunnels and to the exemption of bridge and
46 tunnel property from taxation and to the discretion of the port authori-
47 ty with respect to bridge and tunnel operations shall not be construed
48 to imply that other port authority property and operations are not of a
49 governmental nature, or that they are subject to taxation, or that the
50 determinations of the port authority with respect thereto are not
51 conclusive.
52 3. The powers vested in the port authority herein (including but not
53 limited to the powers to acquire real property by condemnation and to
54 make or effectuate additions, improvements, approaches and connections)
55 shall be continuing powers and no exercise thereof shall be deemed to
56 exhaust them or any of them.
S. 4623 42
1 4. Nothing herein contained shall be construed to affect, diminish or
2 impair the rights and obligations created by, or to repeal any of the
3 provisions of chapter three hundred and fifty-two of the laws of New
4 Jersey of nineteen hundred twenty and chapter two hundred and sixty-two
5 of the laws of New Jersey of nineteen hundred twenty-four.
6 5. If, however, any loss shall be suffered by or accrue to the said
7 sinking fund, and if, after the making of the payment by the port
8 authority to the state of New Jersey as hereinbefore provided, the
9 moneys in the said sinking fund shall at any time be or become less than
10 an amount equal to the principal amount of the then currently outstand-
11 ing New Jersey Camden bridge-Holland tunnel bonds, or if the income and
12 interest currently received from or currently accruing upon the moneys
13 in the said sinking fund shall be or become insufficient to pay the
14 interest currently accruing upon or currently payable in connection with
15 the aforesaid New Jersey Camden bridge-Holland tunnel bonds, the state
16 of New Jersey represents and agrees that it will make good such deficits
17 out of sources other than revenues from the said Holland tunnel.
18 6. The said payment by the port authority to the state of New Jersey
19 constitutes repayment for all moneys contributed by the said state
20 toward the cost of construction of the said Holland tunnel, including
21 the moneys diverted and appropriated by chapter three hundred and nine-
22 teen of the laws of New Jersey of nineteen hundred twenty-six and chap-
23 ter fifty-eight of the laws of New Jersey of nineteen hundred twenty-
24 seven from the road fund, created by chapter fifteen of the laws of New
25 Jersey of nineteen hundred seventeen. The requirement of chapter fifty-
26 eight of the laws of New Jersey of nineteen hundred twenty-seven that
27 the said moneys diverted and appropriated by the said statutes of the
28 state of New Jersey shall be returned and credited to the said road
29 fund, with interest, shall be and shall be deemed to be satisfied and
30 discharged so far as it relates to the revenues arising from the opera-
31 tion of the said Holland tunnel.
32 7. The provisions of this section shall constitute a covenant and
33 agreement by the state of New York with the state of New Jersey, the
34 port authority and the holders of any bonds or other obligations of the
35 port authority, as security for which the tolls and revenues of said
36 Holland tunnel may be pledged.
37 8. Nothing herein contained shall be construed to impair in any way
38 the obligation of the port authority to repay to the two states any or
39 all advances made by them to the port authority in aid of bridge
40 construction.
41 PART IV
42 APPROVAL OR VETO POWER OF THE GOVERNOR
43 Section 401. Approval or veto power.
44 402. Procurement.
45 403. Effect of veto.
46 404. Exception to reporting requirement.
47 § 401. Approval or veto power. Except as provided by this part, no
48 action taken at any meeting of the port authority by any commissioner
49 appointed from the state of New York shall have force or effect until
50 the governor of the state of New York shall have an opportunity to
51 approve or veto the same under the provisions of article sixteen of the
52 port compact or treaty entered into between the states of New York and
53 New Jersey, dated April thirtieth, nineteen hundred and twenty-one and
S. 4623 43
1 continued by subdivision four of section one hundred fifteen of this
2 article.
3 § 402. Procurement. For the purpose of procuring such approval or
4 veto, the secretary or other officer of the port authority in charge of
5 the minutes of the proceedings of that body shall transmit to the gover-
6 nor at the executive chamber in Albany a certified copy of the minutes
7 of every meeting of the port authority as soon after the holding of such
8 meeting as such minutes can be written out. The governor shall, within
9 ten days, Saturdays, Sundays and public holidays excepted, after such
10 minutes shall have been delivered at the executive chamber as aforesaid,
11 cause the same to be returned to the port authority either with his
12 approval or with his veto of any action therein recited as having been
13 taken by any commissioner appointed from the state of New York,
14 provided, however, that if the governor shall not return the said
15 minutes within the said period then at the expiration thereof any action
16 therein recited will have full force and effect according to the wording
17 thereof.
18 § 403. Effect of veto. If the governor within the said period returns
19 the said minutes with a veto against the action of any commissioner from
20 New York as recited therein, then such action of such commissioner shall
21 be null and void.
22 § 404. Exception to reporting requirement. The governor may by order
23 filed with the secretary of the port authority relieve the commissioners
24 from the duty of procuring his approval of their action upon any partic-
25 ular matter or class of matters, and thereupon the secretary or other
26 officer in charge of the minutes of the proceedings of that body shall
27 be relieved from reporting the same to him.
28 PART V
29 MOTOR TRUCK TERMINALS
30 Section 501. Motor truck terminals.
31 502. Acquisition of real property for public use.
32 § 501. Motor truck terminals. The bonds or other obligations which
33 may be issued by the port authority from time to time to provide funds
34 for the establishment, acquisition and rehabilitation of motor truck
35 terminals (by which are meant terminals consisting of one or more plat-
36 forms, sheds, buildings, structures, facilities or improvements neces-
37 sary, convenient or desirable in the opinion of the port authority for
38 the accommodation of motor trucks for the loading or unloading of
39 freight upon or from motor trucks or the receipt, delivery, storage or
40 handling of freight transported or to be transported by motor trucks or
41 the interchange or transfer thereof between carriers) located at such
42 point or points within the port of New York district as the port author-
43 ity may deem to be desirable and in the public interest, or for the
44 acquisition of real or personal property in connection therewith, or for
45 any other purpose in connection with the establishment, acquisition,
46 construction, rehabilitation, maintenance or operation of such truck
47 terminals or any of them, are hereby made securities in which all state
48 and municipal officers and bodies, all banks, bankers, trust companies,
49 savings banks, building and loan associations, savings and loan associ-
50 ations, investment companies and other persons carrying on a banking
51 business, all insurance companies, insurance associations, and other
52 persons carrying on an insurance business, and all administrators, exec-
53 utors, guardians, trustees and other fiduciaries, and all other persons
54 whatsoever, who are now or may hereafter be authorized to invest in
S. 4623 44
1 bonds or other obligations of the state, may properly and legally invest
2 any funds, including capital, belonging to them or within their control;
3 and said obligations are hereby made securities which may properly and
4 legally be deposited with and shall be received by any state or munici-
5 pal officer or agency for any purpose for which the deposit of bonds or
6 other obligations of this state is now or may hereafter be authorized.
7 § 502. Acquisition of real property for public use. If, for the
8 purpose of effectuating, acquiring, constructing, rehabilitating or
9 improving any motor truck terminal, the port authority shall find it
10 necessary or convenient to acquire any real property, as herein defined
11 in this state, whether for immediate or future use, the port authority
12 may find and determine that such property, whether a fee simple absolute
13 or a lesser interest, is required for public use, and upon such determi-
14 nation, the said property shall be and shall be deemed to be required
15 for such public use until otherwise determined by the port authority.
16 If the port authority is unable to agree for the acquisition of any
17 such real property for any reason whatsoever, then the port authority
18 may acquire and is hereby authorized to acquire such property, whether a
19 fee simple absolute or a lesser interest, by the exercise of the right
20 of eminent domain under and pursuant to the provisions of the eminent
21 domain procedure law.
22 The power of the port authority to acquire real property hereunder
23 shall be a continuing power, and no exercise thereof shall be deemed to
24 exhaust it.
25 Anything in this part to the contrary notwithstanding, no property now
26 or hereafter vested in or held by the state or any county, city,
27 borough, village, township or other municipality shall be taken by the
28 port authority, without the authority or consent of the state or of such
29 county, city, borough, village, township or other municipality as
30 provided in the compact of April thirty, nineteen hundred twenty-one,
31 between the states of New York and New Jersey and continued by part I of
32 this article, nor shall anything herein impair or invalidate in any way
33 any bonded indebtedness of the state, or such county, city, borough,
34 village, township or other municipality, nor impair the provisions of
35 law regulating the payment into sinking funds of revenue derived from
36 municipal property, or dedicating the revenues derived from municipal
37 property, to a specific purpose. Moreover, no property devoted to
38 public use by any railroad or railway corporation, or public utility
39 corporation, or by any other corporation, shall be taken by the port
40 authority without the authority or consent of such corporation. The
41 port authority is hereby authorized and empowered to acquire from any
42 such county, city, borough, village, township or other municipality, or
43 from any other public agency or commission having jurisdiction in the
44 premises, or from any such corporation, by agreement therewith, and such
45 county, city, borough, village, township, municipality, public agency,
46 commission, or corporation, notwithstanding any contrary provision of
47 law, is hereby authorized and empowered to grant and convey upon reason-
48 able terms and conditions any real property, which may be necessary for
49 the establishment, construction, acquisition, rehabilitation, mainte-
50 nance and operation of such truck terminals, including such real proper-
51 ty as has already been devoted to a public use.
52 The port authority and its duly authorized agents and employees may,
53 in the case of land situate in the state of New York subject to the
54 provisions of the eminent domain procedure law and in any other case as
55 provided by law, enter upon any land in this state for the purpose of
S. 4623 45
1 making such surveys, maps, or other examinations thereof as it may deem
2 necessary or convenient for the purposes of this part.
3 The term "real property" as used in this part is defined to include
4 lands, structures, franchises and interests in land, including lands
5 under water and riparian rights, and any and all things and rights
6 usually included within the said term, and includes not only fees simple
7 absolute but also any and all lesser interests, such as easements,
8 rights of way, uses, leases, licenses and all other incorporeal heredi-
9 taments and every estate, interest or right, legal or equitable, includ-
10 ing terms of years, and liens thereon by way of judgments, mortgages or
11 otherwise, and also claims for damages to real estate.
12 PART VI
13 PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM
14 Section 601. Payment of a fair and reasonable sum.
15 602. Acceptance of payment.
16 § 601. Payment of a fair and reasonable sum. To the end that counties,
17 cities, boroughs, villages, towns, townships and other municipalities in
18 the port of New York district, may not suffer undue loss of taxes and
19 assessments by reason of the acquisition and ownership of property ther-
20 ein by the port authority, the port authority is hereby authorized and
21 empowered, in its discretion, to enter into a voluntary agreement or
22 agreements with any county, city, borough, village, town, township or
23 other municipality in said port district, whereby it will undertake to
24 pay a fair and reasonable sum or sums annually in connection with any
25 marine or inland terminal property owned by it, not in excess of the sum
26 last paid as taxes upon such property prior to the time of its acquisi-
27 tion by the port authority. Such payment or payments which the port
28 authority is hereby authorized and empowered to make, shall be in such
29 amount or amounts and shall be payable at such time or times and under
30 such terms and conditions as shall be agreed upon by and between the
31 port authority and such county, city, village, borough, town, township
32 or other municipality concerned.
33 § 602. Acceptance of payment. Every county, city, village, borough,
34 town, township or other municipality in the port of New York district
35 aforesaid is hereby authorized and empowered to enter into such agree-
36 ment or agreements with the port authority to accept the payment or
37 payments which the port authority is hereby authorized and empowered to
38 make. The sums so received by any county, city, village, borough, town,
39 township or other municipality shall be devoted to purposes to which
40 taxes may be applied, unless and until otherwise directed by the law of
41 the state in which such municipality is located.
42 PART VII
43 PAYMENT AND ACCEPTANCE OF A FAIR AND
44 REASONABLE SUM FOR A CHANGE IN GRADE
45 Section 701. Change of grade.
46 § 701. Change of grade. To the end that the owners of property in the
47 port of New York district abutting upon streets, avenues or other high-
48 ways, the grade of which will be changed by reason of the construction
49 by the port authority of any public improvement in the port of New York
50 district, may not suffer undue loss and injury by reason of such change
51 of grade, the authority is hereby authorized and empowered, in its
52 discretion, to enter into voluntary agreements with such abutting owners
S. 4623 46
1 of property which is built upon or otherwise improved in conformity with
2 the grade of any street, avenue or other highway established by lawful
3 authority in the port of New York district, whereby it will undertake to
4 pay a fair and reasonable sum to such abutting owners for the damage
5 occasioned by such change of grade to the buildings and improvements on
6 such property. The term "owners" as used in this section shall include
7 all persons having any estate, interest, or easement in such property,
8 or any lien, charge or encumbrance thereon. Such payments which the
9 authority is hereby authorized and empowered to make, shall be in such
10 amounts and shall be payable at such times and under such terms and
11 conditions as shall be agreed upon by and between the authority and such
12 owners concerned.
13 PART VIII
14 THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY
15 Section 801. Procedure.
16 802. Conveyances.
17 § 801. Procedure. Whenever the port authority shall determine to sell
18 any real property which may have been acquired by the port authority by
19 purchase, condemnation or otherwise, pursuant to any of its powers and
20 authorities, but which real property is no longer required for such
21 purposes, the following procedure shall be followed:
22 1. A map shall be made of such real property so determined as no long-
23 er required, which map shall be filed in the office of the port authori-
24 ty.
25 2. There shall be annexed to such map a certificate executed by the
26 chief engineer of the port authority stating that such real property is
27 no longer required for such purposes.
28 3. All or any portion of said real property may be sold at either
29 private or public sale, and all deeds of conveyance therefor shall be by
30 bargain and sale and shall be executed by the chairman, or the vice
31 chairman, or the general manager, or an assistant general manager of the
32 port authority and attested by the secretary thereof.
33 § 802. Conveyances. The validity of all conveyances heretofore made by
34 the port authority is hereby ratified and confirmed.
35 PART IX
36 MONEYS FOR PRELIMINARY STUDIES
37 Section 901. Moneys advanced.
38 902. Delivery of bonds and/or moneys.
39 903. Direct and general obligations of the port authority.
40 904. Securities.
41 905. Initial reimbursement of moneys advanced by the states.
42 906. Further reimbursement of moneys advanced by the states.
43 907. Deposit of bonds or moneys by the comptroller.
44 § 901. Moneys advanced. The states of New York and New Jersey having
45 heretofore advanced sums aggregating one hundred forty-nine thousand,
46 nine hundred eighteen dollars and twenty cents and one hundred fifty
47 thousand dollars, respectively, to the port authority for preliminary
48 studies upon the interstate vehicular bridges now known as the Outer-
49 bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to
50 agreements between the two states that said moneys should be paid back
51 when the construction debt has been amortized, and said two states
52 having advanced further sums aggregating four million dollars each in
S. 4623 47
1 aid of the construction of said bridges pursuant to agreements between
2 the two states that said moneys should be paid back out of bridge reven-
3 ues in specified annual installments, if and when earned over prior
4 charges, and the revenues from said bridges having been insufficient to
5 permit any such payments up to the present time but the port authority
6 being in a position to fund its obligations to pay back said appropri-
7 ations, now, therefore, upon the concurrence of the state of New Jersey
8 as provided in section eight hereof, the states of New York and New
9 Jersey hereby agree that the obligations of the port authority to pay
10 back said moneys may be satisfied and discharged by the delivery to the
11 two states of bonds or moneys, or both, in an aggregate principal amount
12 equal to said appropriations, as hereinafter provided.
13 § 902. Delivery of bonds and/or moneys. Bonds, or moneys, or both, in
14 an aggregate principal amount of two million fifty thousand dollars
15 shall be delivered to each state within three months after the date on
16 which chapter three hundred fifty-two of the laws of nineteen hundred
17 forty-six and the concurrent article of the state of New Jersey take
18 effect. Within fifteen months after the date on which chapter three
19 hundred fifty-two of the laws of nineteen hundred forty-six and the
20 concurrent article of the state of New Jersey take effect, an additional
21 two million ninety-nine thousand nine hundred eighteen dollars and twen-
22 ty cents in aggregate principal amount of bonds or moneys, or both,
23 shall be delivered to the state of New York and an additional two
24 million one hundred thousand dollars in aggregate principal amount of
25 bonds, or moneys, or both shall be delivered to the state of New Jersey
26 provided, that if, in the opinion of the commissioners of the port
27 authority, financial conditions are such as to make it desirable to
28 postpone such delivery, then delivery of said additional amounts shall
29 be postponed in whole or in part until such time, not later than five
30 years from the effective date of chapter three hundred fifty-two of the
31 laws of nineteen hundred forty-six, as in the judgment of said commis-
32 sioners financial conditions permit such delivery.
33 The port authority shall determine whether payments made pursuant to
34 this part and the concurrent article of the state of New Jersey shall be
35 made by delivery of bonds or of moneys, or both, and, if both, in what
36 proportions. The moneys may, at the option of the port authority, be
37 paid in cash or by check. Delivery of bonds or moneys to the state of
38 New York shall be made by delivering or tendering delivery thereof to
39 the comptroller of the state of New York at his office at Albany during
40 regular business hours. Delivery of bonds or moneys to the state of New
41 Jersey shall be made by delivering or tendering delivery thereof to the
42 state treasurer at his office at Trenton during regular business hours.
43 § 903. Direct and general obligations of the port authority. The
44 bonds delivered to the two states pursuant to this part and the concur-
45 rent article of the state of New Jersey shall be direct and general
46 obligations of the port authority, and its full faith and credit shall
47 be pledged for the prompt payment of the principal and interest thereof.
48 The payment of the principal and interest thereof shall be secured by
49 the general reserve fund of the port authority, authorized by chapter
50 forty-eight of the laws of New York of nineteen hundred and thirty-one
51 and continued by part XXIX of this article, and chapter five of the laws
52 of New Jersey of nineteen hundred and thirty-one; and said general
53 reserve fund shall be pledged as security for the payment of the princi-
54 pal and interest of said bonds and for the fulfillment of other under-
55 takings assumed by the port authority to or for the benefit of the hold-
56 ers of said bonds. Such pledge, however, shall be subject to the right
S. 4623 48
1 of the port authority to pledge said general reserve fund as security
2 for any other bonds, notes or evidences of indebtedness whatsoever here-
3 after issued by the authority as security for which it may at the time
4 be authorized to pledge the said general reserve fund, and also subject
5 to the right of the port authority to use the moneys in said general
6 reserve fund to meet, pay or otherwise fulfill any of its obligations
7 under or in connection with any bonds, notes or other evidences of
8 indebtedness as security for which said general reserve fund has hereto-
9 fore been or is now pledged or for which said general reserve fund may
10 hereafter be pledged. Moreover, no greater rights in or to said general
11 reserve fund shall be granted to or conferred upon the holders of the
12 bonds delivered to the two states pursuant to this part and the concur-
13 rent article of the state of New Jersey than have been granted to and
14 conferred upon the holders of general and refunding bonds of the port
15 authority issued pursuant to the resolution of the port authority
16 adopted March eighteenth, nineteen hundred and thirty-five, and amended
17 March twenty-fifth, nineteen hundred and thirty-five and September
18 sixteenth, nineteen hundred and forty-three.
19 The bonds delivered to the two states pursuant to chapter three
20 hundred fifty-two of the laws of nineteen hundred forty-six and contin-
21 ued by this part and the concurrent article of the state of New Jersey
22 shall be dated as of a date not more than thirty days subsequent to the
23 date on which delivery is made or tendered, shall mature forty years
24 from their date, and shall bear interest at the rate of one and one-half
25 per centum per annum. Said bonds shall be subject to redemption at the
26 option of the port authority, in whole or in part, on any interest
27 payment date or dates at one hundred percent of their par value, plus
28 accrued interest to the date set for redemption.
29 Except as hereinbefore specifically provided, the port authority
30 shall, by resolution, determine the form, characteristics and all other
31 matters in connection with said bonds, including without limiting the
32 generality hereof, the denominations in which they shall be issued,
33 provisions with respect to the exchange of bonds of one denomination
34 into bonds of another denomination, provisions with respect to the issu-
35 ance of temporary bonds and the exchange thereof for definitive bonds,
36 provisions with respect to the establishment of a sinking fund or sink-
37 ing funds and for the use of the moneys in sinking fund to purchase or
38 redeem bonds prior to their maturity, provisions with respect to the
39 place of payment, provisions with respect to notice of redemption,
40 provisions with respect to the paying agent or the registrar and
41 provisions with respect to the method of signature.
42 § 904. Securities. The bonds delivered by the port authority to
43 either or both states pursuant to this part and the concurrent article
44 of the state of New Jersey, and any bonds, notes or other evidences of
45 indebtedness issued by the authority to provide moneys with which to
46 make payments to either or both states pursuant to this part and the
47 concurrent article of the state of New Jersey, are hereby made securi-
48 ties in which all state and municipal officers and bodies of both
49 states, all banks, bankers, trust companies, savings banks, building and
50 loan associations, savings and loan associations, investment companies
51 and other persons carrying on a banking business, all insurance compa-
52 nies, insurance associations and other persons carrying on an insurance
53 business, and all administrators, executors, guardians, trustees and
54 other fiduciaries, and all other persons whatsoever, who are now or may
55 hereafter be authorized by either state to invest in bonds or other
56 obligations of such state, may properly and legally invest any funds,
S. 4623 49
1 including capital, belonging to them or within their control; and said
2 obligations are hereby made securities which may properly and legally be
3 deposited with and shall be received by any state or municipal officer
4 or agency of either state for any purpose for which the deposit of bonds
5 or other obligations of such state is now or may hereafter be author-
6 ized.
7 § 905. Initial reimbursement of moneys advanced by the states. The
8 first two million fifty thousand dollars paid to each state pursuant to
9 this part and the concurrent article of the state of New Jersey shall be
10 deemed to be on account of the moneys advanced by such state for prelim-
11 inary studies upon and in aid of the construction of the Bayonne bridge
12 (formerly known as the Kill von Kull bridge); and from and after the
13 date on which the port authority shall have delivered to each state
14 pursuant to this part and the concurrent article of the state of New
15 Jersey, bonds or moneys or both in the aggregate principal amount of two
16 million fifty thousand dollars, the duty and obligation of the port
17 authority to pay back to the two states the moneys advanced for prelimi-
18 nary studies upon and in aid of the construction of said bridge by chap-
19 ter two hundred seventy-nine of the laws of New York of nineteen hundred
20 and twenty-six, chapter ninety-seven of the laws of New Jersey of nine-
21 teen hundred and twenty-five, chapter three hundred of the laws of New
22 York of nineteen hundred and twenty-seven and chapter three of the laws
23 of New Jersey of nineteen hundred and twenty-seven, together with the
24 claims of the two states and of each of them for such repayment, shall
25 be and shall be deemed to be fully satisfied and discharged, and any
26 lien or claim of the two states or either of them upon the tolls and
27 revenues of the said bridge arising out of, under or because of the
28 aforesaid statutes shall be and shall be deemed to be void and without
29 force or effect.
30 § 906. Further reimbursement of moneys advanced by the states. After
31 the payment of the first two million fifty thousand dollars to each
32 state, the further amounts paid to each state pursuant to this part and
33 the concurrent article of the state of New Jersey shall be deemed to be
34 on account of the moneys advanced by such state for preliminary studies
35 upon and in aid of the construction of the Outerbridge crossing (former-
36 ly known as the Perth Amboy-Tottenville bridge) and the Goethals bridge
37 (formerly known as the Elizabeth-Howland Hook bridge); and from and
38 after the date on which pursuant to this part and the concurrent article
39 of the state of New Jersey the port authority shall have delivered bonds
40 or moneys, or both, to the state of New York in the aggregate principal
41 amount of two million ninety-nine thousand nine hundred eighteen dollars
42 and twenty cents and to the state of New Jersey in the aggregate princi-
43 pal amount of two million one hundred thousand dollars, in each case in
44 addition to the first two million fifty thousand dollars paid to such
45 state under and pursuant to this part and the concurrent article of the
46 state of New Jersey, then the duty and obligation of the port authority
47 to pay back to the two states the moneys advanced for preliminary
48 studies upon and in aid of the construction of said two bridges by chap-
49 ters one hundred eighty-six and two hundred thirty of the laws of New
50 York of nineteen hundred twenty-four, chapters one hundred twenty-five
51 and one hundred forty-nine of the laws of New Jersey of nineteen hundred
52 twenty-four, chapter two hundred ten of the laws of New York of nineteen
53 hundred twenty-five and chapter thirty-seven of the laws of New Jersey
54 of nineteen hundred twenty-five, together with the claims of the two
55 states and of each of them for such repayment, shall be and shall be
56 deemed to be fully satisfied and discharged, and any lien or claim of
S. 4623 50
1 the two states or either of them upon the tolls and revenues of said
2 bridges arising out of, under or because of the aforesaid statutes shall
3 be and shall be deemed to be void and without force or effect.
4 § 907. Deposit of bonds or moneys by the comptroller. All bonds or
5 moneys, or both, delivered by the port authority to the comptroller of
6 the state of New York pursuant to this part shall be deposited by him in
7 the post-war reconstruction fund in the state treasury.
8 PART X
9 MOTOR BUS TERMINAL
10 Section 1001. Establishment.
11 1002. Funding.
12 1003. Maintenance and operation.
13 1004. Powers.
14 1005. Acquisition of real property.
15 § 1001. Establishment. Upon the concurrence of the state of New
16 Jersey, the states of New York and New Jersey hereby agree that the
17 moneys in the general reserve fund of the port authority, authorized by
18 chapter forty-eight of the laws of New York of one thousand nine hundred
19 thirty-one and chapter five of the laws of New Jersey of one thousand
20 nine hundred thirty-one, as amended, may be pledged in whole or in part
21 by the port authority as security for or applied by it to the repayment
22 with interest of any moneys which it may raise upon bonds, notes or
23 other obligations or evidences of indebtedness, issued by it from time
24 to time to provide funds for the establishment, acquisition or rehabili-
25 tation of a motor bus terminal (by which is meant a terminal consisting
26 of one or more buildings, structures, improvements, loading or unloading
27 areas, parking areas or other facilities, necessary, convenient or
28 desirable in the opinion of the port authority for the accommodation of
29 omnibuses and other motor vehicles operated by carriers engaged in the
30 transportation of passengers, or for the loading, unloading, interchange
31 or transfer of such passengers or their baggage, or otherwise for the
32 accommodation, use or convenience of such passengers or such carriers or
33 their employees) or for purposes incidental thereto; and that the
34 moneys in said general reserve fund may be applied by the port authority
35 to the fulfillment of any other undertakings which it may assume to or
36 for the benefit of the holders of any of such bonds; and the two said
37 states further agree that the port authority may acquire by condemnation
38 or the right of eminent domain such real property in each state as it
39 may from time to time deem necessary for or in connection with the
40 establishment, acquisition and rehabilitation of such motor bus termi-
41 nal.
42 § 1002. Funding. The bonds, notes or other obligations or evidences
43 of indebtedness issued by the port authority to provide funds for the
44 establishment, acquisition and rehabilitation of such motor bus terminal
45 are hereby made securities in which all state and municipal officers and
46 bodies of both states, all banks, bankers, trust companies, savings
47 banks, building and loan associations, savings and loan associations,
48 investment companies and other persons carrying on a banking business,
49 all insurance companies, insurance associations and other persons carry-
50 ing on an insurance business, and all administrators, executors, guardi-
51 ans, trustees and other fiduciaries, and all other persons whatsoever,
52 who are now or may hereafter be authorized by either state to invest in
53 bonds or other obligations of such state, may properly and legally
54 invest any funds, including capital, belonging to them or within their
S. 4623 51
1 control; and said obligations are hereby made securities which may prop-
2 erly and legally be deposited with and shall be received by any state or
3 municipal officer or agency of either state for any purpose for which
4 the deposit of bonds or other obligations of such state is now or may
5 hereafter be authorized.
6 § 1003. Maintenance and operation. The establishment, maintenance and
7 operation of such motor bus terminal within the port of New York
8 district is and will be in all respects for the benefit of the people of
9 the states of New York and New Jersey, for the increase of their
10 commerce and prosperity and for the improvement of their health and
11 living conditions; and the port authority shall be regarded as perform-
12 ing an essential governmental function in undertaking the construction,
13 maintenance and operation thereof and in carrying out the provisions of
14 law relating thereto.
15 § 1004. Powers. Any powers granted to the port authority by this part
16 and the concurrent act of the state of New Jersey shall be regarded as
17 in aid of and supplemental to and in no sense as a limitation upon any
18 of the other powers vested in it by the two states or either of them;
19 and the port authority shall be authorized not only to establish,
20 acquire, rehabilitate, maintain, operate and from time to time improve
21 such motor bus terminal, but also to make incidental uses of properties
22 acquired for or in connection with such motor bus terminal.
23 § 1005. Acquisition of real property. If, for the purpose of effectu-
24 ating, acquiring, constructing, rehabilitating or improving such motor
25 bus terminal, the port authority shall find it necessary or convenient
26 to acquire any real property, as herein defined, in this state, whether
27 for immediate or future use, the port authority may find and determine
28 that such property, whether a fee simple absolute or a lesser interest,
29 is required for public use, and upon such determination, the said prop-
30 erty shall be and shall be deemed to be required for such public use
31 until otherwise determined by the port authority; and with the
32 exceptions hereinafter specifically noted, the said determination shall
33 not be affected by the fact that such property has theretofore been
34 taken for, or is then devoted to, a public use; but the public use in
35 the hands or under the control of the port authority shall be deemed
36 superior to the public use in the hands of any other person, association
37 or corporation.
38 If the port authority is unable to agree for the acquisition of any
39 such real property for any reason whatsoever, then the port authority
40 may acquire and is hereby authorized to acquire such property whether a
41 fee simple absolute or a lesser interest, by the exercise of the right
42 of eminent domain under and pursuant to the provisions of the eminent
43 domain procedure law.
44 Anything in this part to the contrary notwithstanding, no property now
45 or hereafter vested in or held by the state or any county, city,
46 borough, village, township or other municipality shall be taken by the
47 port authority, without the authority or consent of the state or of such
48 county, city, borough, village, township, or other municipality as
49 provided in the compact of April thirtieth, nineteen hundred twenty-one
50 and continued by part I of this article, between the states of New York
51 and New Jersey, nor shall anything herein impair or invalidate in any
52 way any bonded indebtedness of the state, or such county, city, borough,
53 village, township or other municipality, nor impair the provisions of
54 law regulating the payment into sinking funds of revenue derived from
55 municipal property, or dedicating the revenues derived from municipal
56 property to a specific purpose. The port authority is hereby authorized
S. 4623 52
1 and empowered to acquire from any such county, city, borough, village,
2 township or other municipality, or from any other public agency or
3 commission having jurisdiction in the premises, by agreement therewith,
4 and such county, city, borough, village, township, municipality, public
5 agency or commission, notwithstanding any contrary provision of law, is
6 hereby authorized and empowered to grant and convey upon reasonable
7 terms and conditions, any real property, which may be necessary for the
8 establishment, construction, acquisition, rehabilitation, operation and
9 maintenance of such motor bus terminal, including such real property as
10 has already been devoted to a public use.
11 The port authority and its duly authorized agents and employees may
12 pursuant to the provisions of the eminent domain procedure law enter
13 upon any land in this state for the purpose of making such surveys,
14 maps, or other examination thereof as it may deem necessary or conven-
15 ient for the purposes of this part.
16 The term "real property" as used in this part is defined to include
17 lands, structures, franchises and interests in land, including lands
18 under water and riparian rights, and any and all things and rights
19 usually included within the said term, and includes not only fees simple
20 absolute but also any and all lesser interests, such as easements,
21 rights of way, uses, leases, licenses and all other incorporeal heredi-
22 taments and every estate, interest or right, legal or equitable, includ-
23 ing terms of years, and liens thereon by way of judgments, mortgages or
24 otherwise, and also claims for damages to real estate.
25 PART XI
26 MARINE TERMINALS
27 Section 1101. Authorization.
28 1102. Restrictions.
29 1103. Definitions.
30 1104. Municipality consent; legal process.
31 1105. Agreement between the states.
32 1106. Acquisition of land by eminent domain or condemnation.
33 1107. Unappropriated lands.
34 1108. Funding; bonds.
35 § 1101. Authorization. Upon the concurrence of the state of New
36 Jersey, the states of New York and New Jersey hereby agree that munici-
37 palities, as hereinafter defined, located within the Port of New York
38 district shall be and they hereby are authorized to cooperate with the
39 Port Authority in the development of marine terminals, and the two said
40 states further agree that the state of New Jersey may authorize the Port
41 Authority to acquire by condemnation or the exercise of the right of
42 eminent domain real property in the state of New Jersey necessary,
43 convenient or desirable for marine terminal purposes, under and pursuant
44 to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the
45 option of the Port Authority, pursuant to such other or alternate proce-
46 dure as may be provided by law by such state, and that the state of New
47 York may authorize the Port Authority to acquire real property in the
48 state of New York necessary, convenient or desirable for marine terminal
49 purposes, under and pursuant to the eminent domain procedure law of that
50 state, or at the option of the Port Authority pursuant to such other or
51 alternate procedure as may be provided by law by such state.
52 § 1102. Restrictions. Nothing herein contained shall be construed to
53 authorize the Port Authority to acquire any marine terminal owned or
54 operated by any municipality or any other property now or hereafter
S. 4623 53
1 vested in or held by any municipality, without the authority or consent
2 of such municipality as provided in the compact of April thirtieth,
3 nineteen hundred twenty-one and continued by part I of this article,
4 between the states of New York and New Jersey, nor shall anything herein
5 impair or invalidate in any way any bonded indebtedness of the state, or
6 any municipality, nor impair the provisions of law regulating the
7 payment into sinking funds of revenue derived from municipal property,
8 or dedicating the revenues derived from municipal property to a specific
9 purpose.
10 § 1103. Definitions. The following terms as used herein shall mean:
11 1. "Marine terminals" shall mean developments, consisting of one or
12 more piers, wharves, docks, bulkheads, slips, basins, vehicular road-
13 ways, railroad connections, side tracks, sidings or other buildings,
14 structures, facilities or improvements, necessary or convenient to the
15 accommodation of steamships or other vessels and their cargoes or
16 passengers and shall also mean waterfront development projects. It
17 shall also include such highway projects in the vicinity of a marine
18 terminal providing improved access to such marine terminal as shall be
19 designated in legislation adopted by the two states. Notwithstanding any
20 contrary provision of law, general, special or local, it shall also mean
21 railroad freight projects related or of benefit to a marine terminal or
22 which are necessary, convenient or desirable in the opinion of the port
23 authority for the protection or promotion of the commerce of the port
24 district, consisting of railroad freight transportation facilities or
25 railroad freight terminal facilities; and any equipment, improvement,
26 structure or facility or any land, and any building, structure, facility
27 or other improvement thereon, or any combination thereof, and all real
28 and personal property in connection therewith or incidental thereto,
29 deemed necessary or desirable in the opinion of the port authority,
30 whether or not now in existence or under construction, for the undertak-
31 ing of such railroad freight projects.
32 2. "Marine terminal purposes" shall mean the effectuation, establish-
33 ment, acquisition, construction, rehabilitation, improvement, mainte-
34 nance or operation of marine terminals.
35 3. "Municipality" shall mean a county, city, borough, village, town-
36 ship, town, public agency, public authority or political subdivision.
37 4. "Real property" shall mean lands, structures, franchises and inter-
38 ests in land, including waters, lands under water and riparian rights,
39 and any and all things and rights usually included within the said term,
40 and includes not only fees simple absolute but also any and all lesser
41 interests, including but not limited to easements, rights-of-way, uses,
42 leases, licenses and all other incorporeal hereditaments and every
43 estate, interest or right, legal or equitable, including terms for years
44 and liens thereon by way or judgments, mortgages or otherwise.
45 5. "Waterfront development projects" shall mean projects for the revi-
46 talization and economic development of waterfront property which is (a)
47 not in use for the handling of water-borne cargoes, or (b) directly or
48 indirectly related to the water-borne movement of passengers and their
49 vehicles. Such projects shall include but not be limited to hotels,
50 marinas, commercial offices, including the installation of a fiber optic
51 cable within its boundaries, or facilities which serve conference,
52 convention, recreation or entertainment purposes or are retail service
53 establishments, parking, technical, satellite antenna, similar communi-
54 cation or other facilities related to any of the foregoing and associ-
55 ated improvements necessary to provide public access to such waterfront
56 development projects. Notwithstanding the above, a waterfront develop-
S. 4623 54
1 ment project authorized by this part shall not contain any technical,
2 satellite antenna or similar telecommunications facility unless such
3 facility is directly used by, and for the sole benefit of, end users
4 located on the site of the project. Furthermore, no port authority money
5 shall be used directly or indirectly in the financing or construction of
6 said telecommunications facility.
7 § 1104. Municipality consent; legal process. 1. Notwithstanding any
8 contrary provision of law, any municipality located within the Port of
9 New York district is authorized and empowered to consent to the use by
10 the Port Authority of any marine terminal owned by such municipality or
11 of any real or personal property owned by such municipality and neces-
12 sary, convenient or desirable in the opinion of the Port Authority for
13 marine terminal purposes, including such real property as has already
14 been devoted to a public use, and as an incident to such consent, to
15 grant, convey, lease or otherwise transfer to the Port Authority any
16 such marine terminal or real or personal property, upon such terms as
17 may be determined by the Port Authority and such municipality. Every
18 such municipality is also authorized and empowered to vest in the Port
19 Authority the control, operation, maintenance, rents, tolls, charges and
20 any and all other revenues of any marine terminal now owned by such
21 municipality, the title to such marine terminal remaining in such muni-
22 cipality. Such consent shall be given, and the execution of any agree-
23 ment, deed, lease, conveyance or other instrument evidencing such
24 consent or given as an incident thereto shall be authorized in the
25 manner provided in article twenty-two of the compact of April thirtieth,
26 nineteen hundred twenty-one between the two states creating the Port
27 Authority and continued by subdivision two of section one hundred three
28 of this article.
29 2. The states of New York and New Jersey hereby consent to suits,
30 actions or proceedings of any form or nature in law, equity or otherwise
31 by any municipality against the Port Authority upon, in connection with
32 or arising out of any such agreement, agreements or any modification
33 thereof or supplement thereto, for the following types of relief and for
34 such purposes only:
35 (a) for money damages for breach thereof;
36 (b) for money damages for torts arising out of the operation of the
37 municipal marine terminal;
38 (c) for rent;
39 (d) for specific performance;
40 (e) for reformation thereof;
41 (f) for an accounting;
42 (g) For declaratory judgment;
43 (h) for judgments, orders or decrees restraining or enjoining the Port
44 Authority from transferring title to real property to third persons in
45 cases where it has contracted with such municipality to transfer such
46 title to such municipality; and
47 (i) for judgments, orders or decrees restraining or enjoining the Port
48 Authority from committing or continuing to commit other breaches of such
49 agreements with such municipality, provided that such judgment, order or
50 decree shall not be entered except upon two days' prior written notice
51 to the Port Authority of the proposed entry thereof and provided
52 further, that upon an appeal taken by the Port Authority from such judg-
53 ment, order or decree the service of the notice of appeal shall perfect
54 the appeal and shall stay the execution of such judgment, order or
55 decree appealed from, without an undertaking or other security.
S. 4623 55
1 3. When rules of venue are applicable, the venue of any such suit,
2 action or proceeding shall be laid in the county or judicial district in
3 which the marine terminal, which is the subject matter of such agreement
4 between the Port Authority and such municipality, or any part thereof,
5 is located.
6 4. If any clause, sentence, paragraph, or part of this subdivision or
7 the application thereof to any person or circumstances, shall, for any
8 reason, be adjudged by a court of competent jurisdiction to be invalid,
9 such judgment shall not affect, impair, or invalidate the remainder of
10 this subdivision, and the application thereof to any other person or
11 circumstances, but shall be confined in its operation to the clause,
12 sentence, paragraph or part thereof directly involved in the controversy
13 in which such judgment shall have been rendered and to the person or
14 circumstances involved.
15 § 1105. Agreement between the states. This section and the preceding
16 sections hereof constitute an agreement between the states of New York
17 and New Jersey supplementary to the compact between the two states dated
18 April thirtieth, nineteen hundred twenty-one, and amendatory thereof and
19 continued by part I of this article and shall be liberally construed to
20 effectuate the purposes of said compact and of the comprehensive plan
21 heretofore adopted by the two states pursuant thereto, and the powers
22 vested in the Port Authority hereby shall be construed to be in aid of
23 and supplemental to and not in limitation or derogation of any of the
24 powers heretofore conferred upon or delegated to the Port Authority.
25 § 1106. Acquisition of land by eminent domain or condemnation.
26 Subject to the limitation provided for in section eleven hundred two of
27 this part that the Port Authority may not acquire any marine terminal
28 owned or operated by any municipality or any other property vested in or
29 held by any municipality without the authority or consent of such muni-
30 cipality, the Port Authority may, at its option, exercise the right of
31 eminent domain or condemnation to acquire real property in the state of
32 New York for marine terminal purposes as set forth in this section:
33 1. If for any of the purposes of this part (including temporary
34 construction purposes, and the making of additions, extensions, or
35 improvements to marine terminals already constructed) the Port Authority
36 shall find it necessary, convenient or desirable to acquire any real
37 property as herein defined, whether for immediate or future use, the
38 Port Authority may find and determine that such property, whether a fee
39 simple absolute or a lesser interest, is required for a public use, and
40 upon such determination, the said real property shall be and shall be
41 deemed to be required for such public use until otherwise determined by
42 the Port Authority; and, subject to the limitation hereinbefore specif-
43 ically noted, the said determination shall not be affected by the fact
44 that such property has theretofore been taken for, or is then devoted
45 to, a public use; but the public use in the hands or under the control
46 of the Port Authority shall be deemed superior to the public use in the
47 hands of any other person, association or corporation, provided, howev-
48 er, that nothing herein contained shall be construed to permit the
49 taking by exercise of the right of eminent domain by the Port Authority
50 of any property owned by any railroad or railway corporation and devoted
51 to use by such corporation in its operations, or acquired prior to the
52 effective date of this part and held for such use, without the authority
53 or consent of such corporation.
54 The Port Authority may acquire and is hereby authorized to acquire
55 such property, whether a fee simple absolute or a lesser interest, by
S. 4623 56
1 the exercise of the right of eminent domain under and pursuant to the
2 provisions of the eminent domain procedure law of the state of New York.
3 2. Unless and until the state of New York otherwise provides by law,
4 the Port Authority shall not have the power to acquire real property in
5 the state of New York for marine terminal purposes by condemnation or
6 the right of eminent domain except for real property within the two
7 tracts in the borough of Brooklyn, county of Kings, city and state of
8 New York, hereinafter bounded and described, necessary, convenient or
9 desirable, in the opinion of the Port Authority, for the purpose of
10 making additions, extensions or improvements to the Port Authority
11 marine terminal known as the Brooklyn-Port Authority piers:
12 (a) TRACT I
13 BEGINNING at a point formed by the intersection of the centerline of
14 Fulton Street and the centerline of Furman Street running thence (1)
15 southwesterly along the centerline of Furman Street to the northeasterly
16 side of Joralemon Street; thence (2) northwesterly along the northeast-
17 erly side of Joralemon Street three hundred twenty five and twenty-five
18 one hundredths feet more or less, to the point of intersection of said
19 northeasterly side of Joralemon Street with the southeasterly boundary
20 of the land granted by the people of the state of New York to New York
21 Dock Company by grant dated April 1, 1902 and recorded in the office of
22 the Regster of Kings county on April 19, 1902 in liber 16, section 1 of
23 conveyances, page 52; thence (3) southwesterly along said southeasterly
24 boundary of the grant to New York Dock Company thirty feet to the point
25 of intersection of said southeasterly boundary of the grant to New York
26 Dock Company with the northeasterly boundary of the grant made by the
27 people of the state of New York to John Schenck and others dated August
28 2, 1851 and recorded in the office of the Register of Kings county in
29 liber 532 of conveyances at page 310; thence (4) northwesterly along the
30 northeasterly boundary line of said grant to Schenck and others, forty-
31 three and eighty-nine one-hundredths feet to the point of intersection
32 of said course number (4) with a line drawn parallel with and distant
33 one and eighty-five one-hundredths feet northwesterly from the northwes-
34 terly boundary (or a northeasterly projection of said boundary) of lands
35 conveyed by New York Dock Company to New York Dock Trade Facilities
36 Corporation by deed dated August 1, 1928 and recorded in the office of
37 the Register of Kings county in liber 4957 of conveyances at page 239;
38 thence (5) southwesterly along said line above-mentioned parallel with
39 the northwesterly boundary (or a northeasterly projection of said bound-
40 ary) of said lands conveyed to New York Dock Trade Facilities Corpo-
41 ration, thirty-three and seventy one-hundredths feet to the point of
42 intersection of said course number (5) with the southwesterly face of
43 the column standing at the northwesterly corner of the building known as
44 the Trade Facilities Building; thence (6) southeasterly at right angles
45 to said course no. (5) along the southwesterly face of the above-men-
46 tioned column, one and eighty-five one-hundredths feet to the point of
47 intersection of said course number (6) with the northwesterly boundary
48 of the above-mentioned lands conveyed by New York Dock Company to New
49 York Dock Trade Facilities Corporation; thence (7) southwesterly along
50 said northwesterly boundary of lands conveyed to New York Dock Trade
51 Facilities Corporation, three hundred sixty-nine and seventy one-hun-
52 dredths feet, to the point of intersection of said course number (7)
53 with the southwesterly boundary of lands granted by the people of the
54 state of New York to Harriet D. Talmage by grant dated August 2, 1851
55 and recorded in the office of the Register of Kings county in liber 4937
56 of conveyances at page 185; thence (8) northwesterly along said south-
S. 4623 57
1 westerly boundary of the land of Harriet D. Talmage and along the south-
2 westerly boundary of grant made by the people of the state of New York
3 to Franklin Woodruff by deed dated November 22, 1881 and recorded in the
4 office of the Register of Kings county in liber 1445 of conveyances at
5 page 247; and along the southwesterly boundary line of lands granted by
6 the people of the state of New York to New York Dock Company by grant
7 dated April 1, 1902 and recorded in the office of the Register of Kings
8 county in liber 16, section 1 of conveyances, page 52, for a total
9 distance of seven hundred sixty-six and seventeen one-hundredths feet,
10 more or less, as measured along said southwesterly boundary lines of the
11 aforesaid grants to the point of intersection of said southwesterly
12 boundary line of lands granted to New York Dock Company by grants dated
13 April 1, 1902 and November 14, 1907 with the exterior pierhead line
14 established by the New York Harbor Line Board on November 4, 1897 and
15 confirmed by chapter 776 of the laws of 1900; thence (9) northeasterly
16 along said exterior pierhead line to the intersection thereof with the
17 centerline of Fulton Street projected westerly; thence (10) southeaster-
18 ly along the centerline of Fulton Street as projected to the inter-
19 section thereof with the centerline of Furman Street at the point or
20 place of beginning.
21 (b) TRACT II
22 BEGINNING at a point formed by the intersection of the southerly line
23 of Atlantic Avenue and the centerline of Columbia Street running thence
24 (1) southwesterly along the centerline of Columbia Street to the inter-
25 section thereof with the centerline of Kane Street; thence (2)
26 northwesterly along the centerline of Kane Street to the intersection
27 thereof with the centerline of Van Brunt Street; thence (3) southwes-
28 terly along the centerline of Van Brunt Street to the intersection ther-
29 eof with the centerline of Summit Street; thence (4) northwesterly
30 along the centerline of Summit Street to the intersection thereof with
31 the centerline of Imlay Street; thence (5) southwesterly along the
32 centerline of Imlay Street to a point where said centerline of Imlay
33 Street intersects the centerline of Bowne Street (sixty feet wide)
34 projected northwesterly across Imlay Street and the line of lands
35 conveyed by New York Dock Company to Imlay Corporation by deed dated
36 July 28, 1950; thence (6) northwesterly along said centerline of Bowne
37 Street projected northwesterly from the centerline of Imlay Street a
38 distance of one hundred thirty-three feet seven inches more or less;
39 thence (7) southwesterly parallel with the northwesterly side of Imlay
40 Street five hundred twenty feet to a point in a line which is the center
41 line of Commerce Street projected northwesterly from the northwesterly
42 side of Imlay Street; thence (8) northwesterly along said line which is
43 the center line of Commerce Street projected northwesterly from the
44 northwesterly side of Imlay Street twenty-three feet six inches; thence
45 (9) southwesterly parallel with the northwesterly side of Imlay Street
46 four hundred fifty-seven feet eight inches; thence (10) northwesterly
47 parallel with the northeasterly side of Verona Street projected
48 northwesterly across Imlay Street four feet eight inches; thence (11)
49 southwesterly parallel with the northwesterly side of Imlay Street nine-
50 ty-two feet four inches to the intersection of said course number (11)
51 with the southwesterly side of Verona Street projected northwesterly
52 across Imlay Street; thence (12) northwesterly along the southwesterly
53 side of Verona Street projected northwesterly from the northwesterly
54 side of Imlay Street forty-three feet three inches to the southeasterly
55 boundary of Commercial Wharf; thence (13) southwesterly along the
56 southeasterly boundary of Commercial Wharf four hundred ninety feet to
S. 4623 58
1 the centerline of Pioneer Street (sixty feet wide); thence (14)
2 northwesterly along the centerline of Pioneer Street ten feet to the
3 centerline of Conover Street as extended; thence (15) southwesterly
4 along the centerline of Conover Street two hundred sixty feet more or
5 less to the intersection thereof with the centerline of King Street;
6 thence (16) northwesterly along the centerline of King Street five
7 hundred sixty feet more or less to the intersection thereof with the
8 centerline of Ferris Street; thence (17) southwesterly along the
9 centerline of Ferris Street one hundred forty-four feet more or less;
10 thence (18) northwesterly and parallel with the centerline of Sullivan
11 Street four hundred twenty-six feet; thence (19) northeasterly parallel
12 with the northwesterly side of Ferris Street three hundred thirty-one
13 feet three and one half inches; thence (20) northwesterly along a line
14 forming an exterior angle of ninety-nine degrees fifty-four minutes and
15 forty-one seconds with course number (19) hereof, two hundred thirty-
16 eight feet two inches to the United States pierhead line thence (21)
17 northeasterly along the United States pierhead line to the point of
18 intersection of said pierhead line with a line drawn in continuation of
19 the southerly side of Atlantic Avenue; thence (22) southeasterly along
20 said line drawn in continuation of the southerly side of Atlantic Avenue
21 and along the said southerly side of Atlantic Avenue, one thousand three
22 hundred seventy-five and sixty-seven one-hundredths feet, more or less
23 to the point or place of beginning.
24 3. The foregoing limitations shall not be construed to limit, affect
25 or impair the power of the Port Authority to acquire real property at
26 any time or place for marine terminal purposes by negotiation or in any
27 manner other than by condemnation or the exercise of the right of
28 eminent domain.
29 § 1107. Unappropriated lands. In the event that the Port Authority
30 shall find it necessary or desirable to acquire any unappropriated state
31 land or lands under water in the state of New York for marine terminal
32 purposes, the commissioner of general services may grant, transfer or
33 convey such unappropriated state land or lands under water to the Port
34 Authority under such terms and conditions as may be determined by said
35 commissioner.
36 § 1108. Funding; bonds. The obligations issued by the port authority
37 to provide funds for any marine terminal purpose are hereby made securi-
38 ties in which all state and municipal officers and bodies of both
39 states, all trust companies and banks other than savings banks, all
40 building and loan associations, savings and loan associations, invest-
41 ment companies and other persons carrying on a commercial banking busi-
42 ness, all insurance companies, insurance associations and other persons
43 carrying on an insurance business, and all administrators, executors,
44 guardians, trustees and other fiduciaries, and all other persons and
45 legal entities whatsoever (other than savings banks), who are now or may
46 hereafter be authorized by either state to invest in bonds of such
47 state, may properly and legally invest any funds, including capital,
48 belonging to them or within their control, and said obligations are
49 hereby made securities which may properly and legally be deposited with
50 and shall be received by any state or municipal officer or agency of
51 either state for any purpose for which the deposit of bonds of such
52 state is now or may hereafter be authorized. The obligations issued by
53 the port authority to provide funds for any marine terminal purpose as
54 security for which the general reserve fund of the port authority
55 authorized by chapter forty-eight of the laws of New York of nineteen
56 hundred thirty-one as amended and continued by part XXIX of this arti-
S. 4623 59
1 cle, shall have been pledged in whole or in part are hereby made securi-
2 ties in which all savings banks also may properly and legally invest any
3 funds, including capital, belonging to them or within their control.
4 PART XII
5 AIR TERMINALS
6 Section 1201. Authorization.
7 1202. Restrictions.
8 1203. Definitions.
9 1204. Purpose.
10 1205. Operation of air terminals; noise prohibition.
11 1206. Taxes; assessments.
12 1207. General reserve fund; repayment.
13 1208. Bonds.
14 1209. Municipality consent.
15 1210. Acquisition limitations.
16 1211. Federal aid.
17 1212. Lands under water.
18 1213. Repayment of bonds and obligations.
19 1214. Contrary declarations.
20 1215. Agreement between the states.
21 1216. Federal aid procedure; application.
22 § 1201. Authorization. Upon the concurrence of the state of New
23 Jersey, the states of New York and New Jersey declare and agree that
24 each air terminal within the Port of New York District serves the entire
25 district, and that the problem of furnishing proper and adequate air
26 terminal facilities within the district is a regional and interstate
27 problem, and that it is and shall be the policy of the two states to
28 encourage the integration of such air terminals so far as practicable in
29 a unified system.
30 Accordingly, in furtherance of said policy and in partial effectuation
31 of the comprehensive plan, heretofore adopted by the two states for the
32 development of terminal and transportation facilities in the Port of New
33 York District, the states of New York and New Jersey agree that the port
34 authority shall be authorized to effectuate, establish, acquire,
35 construct, rehabilitate, improve, maintain and operate air terminals, as
36 hereinafter defined, within the Port of New York District, and the two
37 said states further agree that all cities and other state and local
38 agencies shall be and they hereby are authorized to cooperate with the
39 port authority in the development of air terminals, as hereinafter
40 provided.
41 § 1202. Restrictions. Nothing herein contained shall be construed to
42 authorize the port authority to acquire any air terminal owned or oper-
43 ated by any city or other municipality or public authority, or any other
44 property now or hereafter vested in or held by any city or other munici-
45 pality or public authority, without the authority or consent of such
46 city or other municipality or public authority, as provided in the
47 compact of April thirtieth, nineteen hundred twenty-one, and continued
48 by part I of this article, between the states of New York and New
49 Jersey, nor shall anything herein impair or invalidate in any way any
50 bonded indebtedness of the state, or any city or other municipality or
51 public authority, nor impair the provisions of law regulating the
52 payment into sinking funds of revenue derived from municipal property,
53 or dedicating the revenues derived from municipal property to a specific
54 purpose.
S. 4623 60
1 § 1203. Definitions. The following terms as used herein shall mean:
2 1. "Air terminals" shall mean developments consisting of runways,
3 hangars, control towers, ramps, wharves, bulkheads, buildings, struc-
4 tures, parking areas, improvements, facilities or other real property
5 necessary, convenient or desirable for the landing, taking off, accommo-
6 dation and servicing of aircraft of all types, including but not limited
7 to airplanes, airships, dirigibles, helicopters, gliders, amphibians,
8 seaplanes, or any other contrivance now or hereafter used for the navi-
9 gation of or flight in air or space, operated by carriers engaged in the
10 transportation of passengers or cargo, or for the loading, unloading,
11 interchange or transfer of such passengers or their baggage, or such
12 cargo, or otherwise for the accommodation, use or convenience of such
13 passengers, or such carriers or their employees (facilities and accommo-
14 dations at sites removed from landing fields and other landing areas,
15 however, except as otherwise provided in this section, to be limited to
16 ticket stations and passenger stations for air passengers, to express
17 and freight stations for air express and air freight, and to beacons and
18 other aids to air navigation), or for the landing, taking off, accommo-
19 dation and servicing of aircraft owned or operated by persons other than
20 carriers. It shall also mean facilities providing access to an air
21 terminal, consisting of rail, rapid transit or other forms of mass
22 transportation which furnish a connection between the air terminal and
23 other points in the port district, including appropriate mass transpor-
24 tation terminal facilities at and within the air terminal itself and
25 suitable offsite facilities for the accommodation of air passengers,
26 baggage, mail, express, freight and other users of the connecting facil-
27 ity. It shall also mean such highway project or projects in the vicini-
28 ty of an air terminal providing improved access to such air terminal as
29 shall be designated in legislation adopted by the two states. Notwith-
30 standing any contrary provision of law, general, special or local, it
31 shall also mean railroad freight projects related or of benefit to an
32 air terminal or which are necessary, convenient or desirable in the
33 opinion of the port authority for the protection or promotion of the
34 commerce of the port district, consisting of railroad freight transpor-
35 tation facilities or railroad freight terminal facilities; and any
36 equipment, improvement, structure or facility or any land, and any
37 building, structure, facility or other improvement thereon, or any
38 combination thereof, and all real and personal property in connection
39 therewith or incidental thereto, deemed necessary or desirable in the
40 opinion of the port authority, whether or not now in existence or under
41 construction, for the undertaking of such railroad freight projects.
42 2. "Air terminal bonds" shall mean bonds issued by the port authority
43 for air terminal purposes.
44 3. "Air terminal purposes" shall mean the effectuation, establishment,
45 acquisition, construction, rehabilitation, improvement, maintenance or
46 operation of air terminals owned, leased or operated by the port author-
47 ity of New York and New Jersey (including airports operated under revo-
48 cable permits) or operated by others pursuant to agreements with the
49 port authority.
50 4. "Bonds" shall mean bonds, notes, securities or other obligations or
51 evidences of indebtedness.
52 5. "General reserve fund" shall mean the general reserve fund of the
53 port authority authorized by chapter forty-eight of the laws of New York
54 of nineteen hundred thirty-one as amended and continued by part XXIX of
55 this article, and chapter five of the laws of New Jersey of nineteen
56 hundred thirty-one, as amended.
S. 4623 61
1 6. "General reserve fund statutes" shall mean chapter forty-eight of
2 the laws of New York of nineteen hundred thirty-one as amended and
3 continued by part XXIX of this article, and chapter five of the laws of
4 New Jersey of nineteen hundred thirty-one, as amended.
5 7. "Municipality" shall mean a county, city, borough, village, town-
6 ship, town, public agency, public authority or political subdivision.
7 8. "Real property" shall mean lands, structures, franchises and inter-
8 ests in land, including air space and air rights, waters, lands under
9 water and riparian rights, and any and all things and rights included
10 within the said term, and includes not only fees simple absolute but
11 also any and all lesser interests, including but not limited to ease-
12 ments, rights of way, uses, leases, licenses and all other incorporeal
13 hereditaments and every estate, interest or right, legal or equitable,
14 including terms for years and liens thereon by way of judgments, mort-
15 gages or otherwise.
16 § 1204. Purpose. The effectuation, establishment, acquisition,
17 construction, rehabilitation, improvement, maintenance and operation of
18 air terminals by the port authority is and will be in all respects for
19 the benefit of the people of the states of New York and New Jersey, for
20 the increase of their commerce and prosperity, and for the improvement
21 of their health and living conditions; and the port authority shall be
22 regarded as performing an essential governmental function in undertaking
23 the effectuation, establishment, acquisition, construction, rehabili-
24 tation, improvement, maintenance or operation thereof, and in carrying
25 out the provisions of law relating thereto.
26 § 1205. Operation of air terminals; noise prohibition. 1. The port
27 authority shall not permit or contract for the landing or takeoff of any
28 aircraft which emits a noise in excess of 108 EPNdB as measured as set
29 forth herein at any airport it maintains or operates; provided, however,
30 in any case of emergency involving the possible saving of human life,
31 the prohibition of this subdivision may be temporarily suspended.
32 2. Measurement. For purposes of this section, aircraft noise is to be
33 measured at the following points:
34 (a) For takeoff, at a point 3.5 nautical miles from the start of the
35 takeoff roll on the extended centerline of the runway;
36 (b) For approach, at a point one nautical mile from the threshold on
37 the extended centerline of the runway; and
38 (c) For the sideline, at the point, on a line parallel to and 0.25
39 nautical miles from the extended centerline of the runway, where the
40 noise level after liftoff is greatest, except that, for airplanes
41 powered by more than three turbojet engines, this distance must be 0.35
42 nautical miles.
43 3. Exceptions. Notwithstanding the requirements of subdivisions one
44 and two of this section the port authority in its discretion may, up to
45 a maximum noise level not exceeding 112 PNdB on takeoff, as measured by
46 the port authority in the manner used by the port authority to make such
47 measurements on the effective date of this section, grant an exception
48 thereto to any classification of aircraft built prior to the effective
49 date of this part and which has heretofore used the airport facilities
50 of the port authority, even though said aircraft does not comply with
51 subdivisions one and two of this section, upon a showing that (a) the
52 aircraft is capable of being equipped with retrofit equipment to reduce
53 the noise thereof to comply with the foregoing requirements of the
54 airport operator, and, in addition, (b) that such modification by way of
55 retrofit to reduce its noise shall be accomplished upon such terms and
56 conditions to assure compliance as the port authority, as airport opera-
S. 4623 62
1 tor, may require, within five years of the date of application for an
2 exception hereunder but in no event later than June first, nineteen
3 hundred eighty-one.
4 § 1206. Taxes; assessments. The port authority shall be required to
5 pay no taxes or assessments upon any of the property acquired or used by
6 it for air terminal purposes; but this shall not be construed to
7 prevent the port authority and municipalities from entering into agree-
8 ments for the payment of fair and reasonable sums by the port authority
9 annually in accordance with legislation heretofore adopted by the two
10 states, to the end that such municipalities may not suffer undue loss of
11 taxes and assessments by reason of the acquisition and ownership of
12 property by the port authority for air terminal purposes.
13 § 1207. General reserve fund; repayment. The moneys in the general
14 reserve fund of the port authority may be pledged in whole or in part by
15 the port authority as security for or applied by it to the repayment
16 with interest of any moneys which it may raise upon bonds issued by it
17 from time to time to provide funds for air terminal purposes; and the
18 moneys in said general reserve fund may be applied by the port authority
19 to the fulfillment of any other undertakings which it may assume to or
20 for the benefit of the holders of any such bonds.
21 Subject to prior liens and pledges, (and to the obligation of the port
22 authority to apply revenues to the maintenance of its general reserve
23 fund in the amount prescribed by the general reserve fund statutes), the
24 revenues of the port authority from facilities established, constructed,
25 acquired or effectuated through the issuance or sale of bonds of the
26 port authority secured by a pledge of its general reserve fund may be
27 pledged in whole or in part as security for or applied by it to the
28 repayment with interest of any moneys which it may raise upon bonds
29 issued by it to provide funds for air terminal purposes, and said reven-
30 ues may be applied by the port authority to the fulfillment of any other
31 undertakings which it may assume to or for the benefit of the holders of
32 such bonds.
33 § 1208. Bonds. The bonds issued by the port authority to provide funds
34 for air terminal purposes are hereby made securities in which all state
35 and municipal officers and bodies of both states, all banks, bankers,
36 trust companies, savings banks, building and loan associations, savings
37 and loan associations, investment companies and other persons carrying
38 on a banking business, all insurance companies, insurance associations
39 and other persons carrying on an insurance business, and all administra-
40 tors, executors, guardians, trustees and other fiduciaries, and all
41 other persons whatsoever, who are now or may hereafter be authorized by
42 either state to invest in bonds or other obligations of such state, may
43 properly and legally invest any funds, including capital, belonging to
44 them or within their control; and said bonds are hereby made securities
45 which may properly and legally be deposited with and shall be received
46 by any state or municipal officer or agency of either state for any
47 purpose for which the deposit of bonds or other obligations of such
48 state is now or may hereafter be authorized.
49 § 1209. Municipality consent. 1. Notwithstanding any contrary
50 provision of law, every municipality in the Port of New York District is
51 authorized and empowered to consent to the use by the port authority of
52 any air terminal owned by such municipality or of any real or personal
53 property owned by such municipality and necessary, convenient or desira-
54 ble in the opinion of the port authority for air terminal purposes,
55 including such real property as has already been devoted to a public
56 use, and as an incident to such consent, to grant, convey, lease, or
S. 4623 63
1 otherwise transfer to the port authority any such air terminal or real
2 or personal property, upon such terms as may be determined by the port
3 authority and such municipality. Every such municipality is also
4 authorized and empowered as an incident to such consent to vest in the
5 port authority the control, operation, maintenance, rents, tolls, charg-
6 es and any and all other revenues of any air terminal now owned by such
7 municipality, the title to such air terminal remaining in such munici-
8 pality. Such consent shall be given and the execution of any agreement,
9 deed, lease, conveyance, or other instrument evidencing such consent or
10 given as an incident thereto shall be authorized in the manner provided
11 in article twenty-two of the compact of April thirtieth, nineteen
12 hundred twenty-one, and continued by part I of this article, between the
13 two states creating the port authority.
14 2. Notwithstanding any contrary provision of law, every municipality
15 outside the port district is authorized and empowered to consent to the
16 use of real property owned by such municipality and necessary, conven-
17 ient or desirable in the opinion of the port authority for beacons or
18 other aids to navigation, or to the use of any air space over real prop-
19 erty owned by such municipality; and as an incident to such consent, to
20 grant, lease, convey or otherwise transfer to the port authority such
21 real property or air space.
22 Such consent shall be given and the execution of any agreement, deed,
23 lease, conveyance or other instrument evidencing such consent or given
24 as an incident thereto, shall be given by the officer, board or body
25 authorized by law to convey such property, or if no officer, board or
26 body be otherwise authorized so to do, by the governing body of such
27 municipality.
28 3. The states of New York and New Jersey hereby consent to suits,
29 actions or proceedings of any form or nature in law, equity or otherwise
30 by any city or other municipality against the port authority upon, in
31 connection with or arising out of any such agreement, agreements, or any
32 modification thereof or supplement thereto, for the following types of
33 relief and for such purposes only:
34 (a) For money damages for breach thereof,
35 (b) For money damages for torts arising out of the operation of the
36 municipal air terminal,
37 (c) For rent,
38 (d) For specific performance,
39 (e) For reformation thereof,
40 (f) For accounting,
41 (g) For declaratory judgment,
42 (h) For judgments, orders or decrees restraining or enjoining the port
43 authority from transferring title to real property to third persons in
44 cases where it has contracted with such city or other municipality to
45 transfer such title to such city or municipality, and
46 (i) For judgments, orders or decrees restraining or enjoining the port
47 authority from committing or continuing to commit other breaches of such
48 agreements with such municipality, provided that such judgment, order or
49 decree shall not be entered except upon two days' prior written notice
50 to the port authority of the proposed entry thereof and provided
51 further, that upon an appeal taken by the port authority from such judg-
52 ment, order or decree the service of the notice of appeal shall perfect
53 the appeal and shall stay the execution of such judgment, order or
54 decree appealed from, without an undertaking or other security.
55 4. When rules of venue are applicable, the venue of any such suit,
56 action or proceeding shall be laid in the county or judicial district in
S. 4623 64
1 which the air terminal, which is the subject matter of such agreement
2 between the port authority and the city or other municipality, or any
3 part thereof, is located.
4 5. If any clause, sentence, paragraph, or part of this subdivision, or
5 the application thereof to any person or circumstances, shall, for any
6 reason, be adjudged by a court of competent jurisdiction to be invalid,
7 such judgment shall not affect, impair, or invalidate the remainder of
8 this subdivision, and the application thereof to any other person or
9 circumstances, but shall be confined in its operation to the clause,
10 sentence, paragraph, or part thereof directly involved in the controver-
11 sy in which such judgment shall have been rendered and to the person or
12 circumstances involved.
13 § 1210. Acquisition limitations. The powers hereinafter granted to
14 the port authority to acquire real property by condemnation or the right
15 of eminent domain shall be subject to the limitations set forth in
16 section twelve hundred two of this part, and also to the following
17 further limitations:
18 1. Unless and until the state of New York otherwise provides by law,
19 the port authority shall not have power to acquire real property in that
20 state for air terminal purposes by condemnation or the right of eminent
21 domain except for the purpose of making additions, extensions and
22 improvements to the three air terminals in New York city known as La
23 Guardia airport, John F. Kennedy international airport (formerly known
24 as Idlewild airport), and Floyd Bennett airport, for the purpose of
25 acquiring air rights or preventing or removing actual or potential
26 hazards to air navigation within three miles of the runways at said air
27 terminals as such runways may now or hereafter exist, and for the
28 purpose of establishing or maintaining beacons and other aids to air
29 navigation in connection with said three air terminals, whether or not
30 within three miles of said runways. The port authority shall not have
31 power to acquire by condemnation or the right of eminent domain real
32 property in or under the waters of Jamaica Bay for the purpose of adding
33 to, expanding, extending or constructing runway extensions, or incorpo-
34 rating such lands into the airport operation; however, this section
35 shall not prohibit the port authority from acquiring such lands for
36 installing flight control and safety equipment to service its existing
37 runways, nor from installing anti-pollution devices and equipment in
38 accordance with its anti-pollution program adopted for the air terminals
39 in New York city known as John F. Kennedy international airport or Floyd
40 Bennett airport.
41 2. Unless and until the state of New Jersey otherwise provides by law,
42 the port authority shall not have the power to acquire real property in
43 the state of New Jersey for air terminal purposes by condemnation or the
44 right of eminent domain except for the purpose of making additions,
45 extensions and improvements to the air terminal known as Newark airport
46 (including additions, extensions and improvements thereto located in the
47 city of Elizabeth), for the purpose of acquiring air rights or prevent-
48 ing or removing actual or potential hazards to air navigation within
49 three miles of the runways at said air terminal as such runways may now
50 or hereafter exist, and for the purpose of establishing or maintaining
51 beacons and other aids to air navigation in connection with said air
52 terminal, whether or not within three miles of said runways.
53 3. Unless otherwise provided by law by the state in which such real
54 property is located, the port authority shall not have power to acquire
55 for air terminal purposes by condemnation, acquisition pursuant to the
56 provisions of the eminent domain procedure law, or the right of eminent
S. 4623 65
1 domain subsequent to June thirtieth, nineteen hundred fifty-two, any
2 real property taken for and actually devoted to a public use, provided,
3 that this limitation shall not apply to real property a proceeding for
4 the acquisition of which was initiated prior to that date.
5 4. The foregoing limitations shall not be construed to limit, affect
6 or impair the power of the port authority to acquire real property at
7 any time and place for air terminal purposes by negotiation or in any
8 other manner than by condemnation, acquisition pursuant to the
9 provisions of the eminent domain procedure law, or by the exercise of
10 the right of eminent domain.
11 5. Subject to the foregoing limitations, if the port authority shall
12 find it necessary or convenient to acquire any real property for air
13 terminal purposes, whether for immediate or future use, the port author-
14 ity may find and determine that such property, whether a fee simple
15 absolute or a lesser interest, is required for a public use, and upon
16 such determination the said property shall be and shall be deemed to be
17 required for such public use until otherwise determined by the port
18 authority, and such determination shall not be affected by the fact that
19 such property has theretofore been taken for and is then devoted to a
20 public use; but the public use in the hands or under the control of the
21 port authority shall be deemed superior to the public use in the hands
22 of any other person, association or corporation except a municipality
23 within or without the port district. The port authority may acquire and
24 is hereby authorized to acquire such property, whether a fee simple
25 absolute or a lesser estate, by the exercise of the right of eminent
26 domain under and pursuant to the eminent domain procedure law of the
27 state of New York, in the case of property located in such state, and
28 revised statutes of New Jersey, Title 20:1-1 et seq., in the case of
29 property situated in such state, or at the option of the port authority
30 pursuant to such other and alternate procedure in each state as may be
31 provided by law by such state. The port authority shall have such power
32 of eminent domain not only in respect to real property located within
33 the Port of New York District but also as to any real property located
34 outside of the port district which is necessary, incidental or conven-
35 ient for the effectuation, establishment, acquisition, construction,
36 rehabilitation or improvement, and maintenance and operation of air
37 terminals within the port district. Nothing herein contained shall be
38 construed to prevent the port authority from bringing any proceedings to
39 remove a cloud on title or such other proceedings as it may, in its
40 discretion, deem proper and necessary, or acquiring any such property by
41 negotiation or purchase.
42 § 1211. Federal aid. The port authority may make application directly
43 to the proper federal officials or agencies for federal loans or grants
44 in aid of air terminals owned or operated by it; provided, that if
45 either state shall have or adopt general legislation governing applica-
46 tions for federal aid for air terminals by municipalities of such state,
47 or the receipt or disbursement of such federal aid by or on behalf of
48 such municipalities, then such legislation shall at the option of such
49 state apply to applications by the port authority for federal aid for
50 air terminals located in such state and to the receipt and disbursement
51 of such federal aid by or on behalf of the port authority, in the same
52 manner and to the same extent as other municipalities of such state.
53 Except as above provided, no agency or commission of either state shall
54 have jurisdiction over any air terminals under the control of the port
55 authority, and all details of financing, construction, leasing, charges,
56 rates, tolls, contracts and the operation of air terminals owned or
S. 4623 66
1 controlled by the port authority shall be within its sole discretion and
2 its decision in connection with any and all matters concerning such air
3 terminals shall be controlling and conclusive. The local laws, resol-
4 utions, ordinances, rules and regulations of a municipality within which
5 an air terminal is situated shall apply to such air terminal, if so
6 provided in any agreement between the port authority and such munici-
7 pality, and to the extent provided in such agreement.
8 § 1212. Lands under water. In the event that the port authority shall
9 find it necessary or desirable to acquire any unappropriated state lands
10 or lands under water in the state of New York for air terminal purposes,
11 the commissioner of general services of that state may grant, transfer
12 or convey such unappropriated state lands or lands under water to the
13 port authority upon such consideration, terms and conditions as may be
14 determined by said commissioner, except that no lands under the waters
15 of Jamaica Bay may be granted, transferred or conveyed to the port
16 authority for air terminal purposes by said commissioner except as
17 provided in paragraph one of section twelve hundred ten of this part.
18 In the event that the port authority shall find it necessary or desir-
19 able to acquire any lands under water in the state of New Jersey for air
20 terminal purposes, the division of navigation of the department of
21 conservation of that state may grant, transfer or convey such lands
22 under water to the port authority in accordance with the statutes of
23 that state governing the making of riparian grants and leases, upon such
24 terms and conditions as may be determined by said division.
25 In the event that the port authority shall find it necessary or desir-
26 able to acquire any real property required or used for state highway
27 purposes in the state of New Jersey, the state highway department of the
28 state of New Jersey may grant, transfer or convey such real property to
29 the port authority upon such terms and conditions as may be determined
30 by said state highway department.
31 § 1213. Repayment of bonds and obligations. The two states covenant
32 and agree with each other and with the holders of any bonds of the port
33 authority issued or incurred for air terminal purposes and as security
34 for which there may or shall be pledged (directly or indirectly, or
35 through the medium of its general reserve fund or otherwise), the reven-
36 ues, or any part thereof, of any air terminal or other facility owned or
37 operated by the port authority, that the two states will not, so long as
38 any of such bonds or other obligations remain outstanding and unpaid,
39 diminish or impair the power of the port authority to establish, levy
40 and collect landing fees, charges, rents, tolls or other fees in
41 connection therewith.
42 § 1214. Contrary declarations. Any declarations contained herein and
43 in the concurrent act of the state of New Jersey with respect to the
44 governmental nature of air terminals and to the exemption of air termi-
45 nal property from taxation and to the discretion of the port authority
46 with respect to air terminal operations shall not be construed to imply
47 that other port authority property and operations are not of a govern-
48 mental nature, or that they are subject to taxation, or that the deter-
49 minations of the port authority with respect thereto are not conclusive.
50 § 1215. Agreement between the states. This section and the preceding
51 sections of this part constitute an agreement between the states of New
52 York and New Jersey supplementary to the compact between the two states
53 dated April thirtieth, nineteen hundred twenty-one, and amendatory ther-
54 eof, and continued by part I of this article, and shall be liberally
55 construed to effectuate the purposes of said compact and of the compre-
56 hensive plan heretofore adopted by the two states, and the powers vested
S. 4623 67
1 in the port authority hereby shall be construed to be in aid of and
2 supplemental to and not in limitation of or in derogation of any of the
3 powers heretofore conferred upon or delegated to the port authority.
4 § 1216. Federal aid procedure; application. The state of New York
5 hereby elects to exercise the option reserved to each state by section
6 twelve hundred eleven of this part (and by the corresponding section of
7 the New Jersey statute concurring herein); and accordingly, if by the
8 effective date of chapter 802 of the laws of 1947, this state has
9 adopted, or if thereafter it shall adopt general legislation governing
10 applications for federal aid for air terminals by municipalities of this
11 state or the receipt or disbursement of such federal aid by or on behalf
12 of such municipalities, such legislation shall apply to applications by
13 the port authority for federal aid for air terminals located in this
14 state in the same manner and to the same extent as other municipalities
15 of this state, provided, that if such legislation shall require such
16 applications for federal aid to be approved by any officer, board,
17 commission, department or other agency of this state or shall require
18 the consent of any such agency of this state to the submission thereof
19 to the federal government, or shall require any such agency of this
20 state to be designated by municipalities as their agent to collect or
21 disburse such federal aid, or shall contain any other requirement vest-
22 ing any such agency of this state with power or discretion with respect
23 to the making of such applications for federal aid or the receipt or
24 disbursement thereof, then such officer, board, commission, department
25 or other agency of this state shall have power to waive such requirement
26 in whole or in part temporarily or permanently insofar as the port
27 authority is concerned.
28 PART XIII
29 EMINENT DOMAIN
30 Section 1301. Right of eminent domain.
31 § 1301. Right of eminent domain. The powers granted to the port
32 authority by this part shall be deemed to be in aid of and supplemental
33 to and not in limitation or derogation of the powers otherwise conferred
34 upon it; and nothing herein contained shall be construed to prevent the
35 port authority from exercising the right of eminent domain under and
36 pursuant to the eminent domain procedure law of the state of New York,
37 or any other applicable law of this state, in any case where it is
38 authorized so to do.
39 PART XIV
40 SUITS AGAINST THE PORT AUTHORITY
41 Section 1401. Suits against the port authority.
42 1402. Prior causes of action.
43 1403. Contract causes of action.
44 1404. Civil suits; statutory penalties.
45 1405. Further restrictions.
46 1406. Venue.
47 1407. Statute of limitations.
48 1408. Notice of claim.
49 1409. Limits of liability.
50 1410. Other suits, actions or proceedings.
51 1411. Agreement between the states.
S. 4623 68
1 § 1401. Suits against the port authority. Upon the concurrence of
2 the state of New Jersey, the states of New York and New Jersey consent
3 to suits, actions or proceedings of any form or nature at law, in equity
4 or otherwise (including proceedings to enforce arbitration agreements)
5 against the port authority, and to appeals therefrom and reviews there-
6 of, except as hereinafter provided in sections fourteen hundred two
7 through fourteen hundred five of this part, inclusive.
8 § 1402. Prior causes of action. The foregoing consent does not extend
9 to suits, actions or proceedings upon any causes of action whatsoever
10 accruing before the effective date of chapter 301 of the laws of 1950,
11 other than causes of actions upon, in connection with, or arising out of
12 notes, bonds or other obligations or securities secured by a pledge of
13 the general reserve fund of the port authority.
14 § 1403. Contract causes of action. The foregoing consent does not
15 extend to suits, actions or proceedings upon any causes of action what-
16 soever, upon, in connection with, or arising out of any contract,
17 express or implied, entered into or assumed by or assigned to the port
18 authority before the effective date of this part (including any supple-
19 ment to, or amendment, extension or renewal of any such contract, even
20 if such supplement, amendment, extension or renewal is made on or after
21 the effective date of chapter 301 of the laws of 1950), regardless of
22 whether such cause of action accrued before or after that date, other
23 than causes of action upon, in connection with or arising out of notes,
24 bonds or other obligations or securities secured by a pledge of the
25 general reserve fund of the port authority.
26 § 1404. Civil suits; statutory penalties. The foregoing consent does
27 not extend to civil suits, actions or proceedings for the recovery of
28 statutory penalties.
29 § 1405. Further restrictions. The foregoing consent does not extend
30 to suits, actions or proceedings for judgments, orders or decrees
31 restraining, enjoining or preventing the port authority from committing
32 or continuing to commit any act or acts, other than suits, actions or
33 proceedings by the attorney general of New York or by the attorney
34 general of New Jersey--each of whom is hereby authorized to bring such
35 suits, actions or proceedings in his discretion on behalf of any person
36 or persons whatsoever who requests him so to do except in the cases
37 excluded by sections fourteen hundred two, fourteen hundred three and
38 fourteen hundred four of this part; provided, that in any such suit,
39 action or proceeding, no judgment, order or decree shall be entered
40 except upon at least two days' prior written notice to the port authori-
41 ty of the proposed entry thereof.
42 § 1406. Venue. The foregoing consent is granted upon the condition
43 that venue in any suit, action or proceeding against the port authority
44 shall be laid within a county or a judicial district, established by one
45 of said states or by the United States, and situated wholly or partially
46 within the port of New York district. The port authority shall be deemed
47 to be a resident of each such county or judicial district for the
48 purpose of such suits, actions or proceedings. Although the port author-
49 ity is engaged in the performance of governmental functions, the said
50 two states consent to liability on the part of the port authority in
51 such suits, actions or proceedings for tortious acts committed by it and
52 its agents to the same extent as though it were a private corporation.
53 § 1407. Statute of limitations. The foregoing consent is granted upon
54 the condition that any suit, action or proceeding prosecuted or main-
55 tained under this part shall be commenced within one year after the
56 cause of action therefor shall have accrued, and upon the further condi-
S. 4623 69
1 tion that in the case of any suit, action or proceeding for the recovery
2 or payment of money, prosecuted or maintained under this part, a notice
3 of claim shall have been served upon the port authority by or on behalf
4 of the plaintiff or plaintiffs at least sixty days before such suit,
5 action or proceeding is commenced. The provisions of this section shall
6 not apply to claims arising out of provisions of any workmen's compen-
7 sation law of either state.
8 § 1408. Notice of claim. The notice of claim required by section
9 fourteen hundred seven of this part shall be in writing, sworn to by or
10 on behalf of the claimant or claimants, and shall set forth (1) the name
11 and post office address of each claimant and of his attorney, if any,
12 (2) the nature of the claim, (3) the time when, the place where and the
13 manner in which the claim arose, and (4) the items of damage or injuries
14 claimed to have been sustained so far as then practicable. Such notice
15 may be served in the manner in which process may be served, or in lieu
16 thereof, may be sent by registered mail to the port authority at its
17 principal office. Where the claimant is a person under the age of eigh-
18 teen years or is mentally or physically incapacitated and by reason of
19 such disability no notice of claim is filed or suit, action or proceed-
20 ing commenced within the time specified in section fourteen hundred
21 seven of this part, or where a person entitled to make a claim dies and
22 by reason of his death no notice of claim is filed or suit, action or
23 proceeding commenced within the time specified in section fourteen
24 hundred seven of this part then any court in which such suit, action or
25 proceeding may be brought may in its discretion grant leave to serve the
26 notice of claim and to commence the suit, action or proceeding within a
27 reasonable time but in any event within three years after the cause of
28 action accrued. Application for such leave must be made upon an affida-
29 vit showing the particular facts which caused the delay and shall be
30 accompanied by a copy of the proposed notice of claim if such notice has
31 not been served, and such application shall be made only upon notice to
32 the port authority.
33 § 1409. Limits of liability. The commissioners, officers or employees
34 of the port authority shall not be subject to suits, actions or
35 proceedings for judgments, orders or decrees restraining, preventing or
36 enjoining them in their official or personal capacities from committing
37 or continuing to commit any act or acts on behalf of the port authority
38 other than suits, actions and proceedings brought by the attorney gener-
39 al of New York or by the attorney general of New Jersey or by the port
40 authority itself--each of said attorneys general being hereby authorized
41 to bring such suits, actions or proceedings in his discretion on behalf
42 of any person or persons whatsoever who requests him so to do except in
43 the cases excluded by sections fourteen hundred two, fourteen hundred
44 three and fourteen hundred four of this part; provided, that in any such
45 suit, action or proceeding brought by either attorney general, no judg-
46 ment, order or decree shall be entered except upon at least two days'
47 notice to the defendant of the proposed entry thereof.
48 § 1410. Other suits, actions or proceedings. Nothing herein shall be
49 deemed to revoke, rescind or affect any consents to suits, actions or
50 proceedings against the port authority heretofore given by the two said
51 states in chapter eight hundred two of the laws of New York of nineteen
52 hundred forty-seven, as amended, and continued by part XII of this arti-
53 cle, and chapter forty-three of the laws of New Jersey of nineteen
54 hundred forty-seven, as amended; chapter six hundred thirty-one of the
55 laws of New York of nineteen hundred forty-seven, as amended, and
56 continued by part XI of this article; chapter forty-four of the laws of
S. 4623 70
1 New Jersey of nineteen hundred forty-seven, as amended, and chapter five
2 hundred thirty-four of the laws of New York of nineteen hundred forty-
3 eight, and continued by part XI of this article, and chapter ninety-sev-
4 en of the laws of New Jersey of nineteen hundred forty-eight.
5 § 1411. Agreement between the states. This part together with the act
6 of the state of New Jersey concurring herein, shall constitute an agree-
7 ment between the states of New York and New Jersey supplementary to and
8 amendatory of the compact between the two said states dated April thir-
9 tieth, nineteen hundred twenty-one and continued by part I of this arti-
10 cle.
11 PART XV
12 TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS
13 Section 1501. Governing authority.
14 1502. Tolls; other charges.
15 1503. Operation restrictions.
16 1504. Port authority police force.
17 1505. Driving procedure.
18 1506. Operation requirements.
19 1507. Accident protocol.
20 1508. Transport restrictions.
21 1509. Violations.
22 1510. Definitions.
23 1511. Severability.
24 1512. Repeal of previous rules and regulations.
25 1513. Agreement between the states.
26 1514. Compliance with state law.
27 1515. Felonies.
28 1516. Misdemeanors.
29 1517. Owner liability for failure of operator to comply with
30 toll collection regulations of the port authority.
31 1518. Imposition of liability for failure of operator to comply
32 with toll collection regulations of the port authority.
33 1519. Adjudication of liability.
34 § 1501. Governing authority. To the end that the interstate vehicular
35 crossings operated by the port authority, pursuant to the compact of
36 April thirtieth, nineteen hundred twenty-one between the states of New
37 York and New Jersey creating the port authority, may be efficiently and
38 safely operated in the interest of the people of the states of New York
39 and New Jersey and of the nation, the following rules and regulations
40 governing traffic on vehicular crossings operated by the port authority,
41 set forth in sections fifteen hundred two through fifteen hundred eight
42 of this part, are hereby adopted by the legislatures of the two states,
43 and are declared to be binding upon all persons and corporations
44 affected thereby.
45 § 1502. Tolls; other charges. No traffic shall be permitted in or
46 upon vehicular crossings except upon the payment of such tolls and other
47 charges as may from time to time be prescribed by the port authority. It
48 is hereby declared to be unlawful for any person to refuse to pay, or to
49 evade or to attempt to evade the payment of such tolls or other charges.
50 § 1503. Operation restrictions. No vehicle shall be operated care-
51 lessly or negligently, or in disregard of the rights or safety of
52 others, or without due caution and circumspection, or at a speed or in a
53 manner so as to endanger unreasonably or to be likely to endanger unrea-
54 sonably persons or property, or while the operator thereof is under the
S. 4623 71
1 influence of intoxicating liquors or any narcotic or habit-forming drug,
2 nor shall any vehicle be so constructed, equipped or loaded as to endan-
3 ger unreasonably or to be likely to endanger unreasonably persons or
4 property.
5 § 1504. Port authority police force. All persons in or upon vehicular
6 crossings must at all times comply with any lawful order, signal or
7 direction by voice or hand of any member of the port authority police
8 force. When traffic is controlled by traffic lights, signs or by mechan-
9 ical or electrical signals, such lights, signs and signals shall be
10 obeyed unless a port authority police officer directs otherwise.
11 § 1505. Driving procedure. Unless otherwise directed, vehicles shall
12 at all times stay to the right of the center of all roadways except in
13 the case of one-way roadways; slow-moving vehicles shall remain as close
14 as possible to the right-hand edge or curb of the roadway; and where a
15 roadway is marked with traffic lanes vehicles shall not cross markings.
16 § 1506. Operation requirements. No person shall operate a motor vehi-
17 cle in or upon any part of a vehicular crossing unless he is duly
18 authorized to operate motor vehicles in the state in which such part of
19 the vehicular crossing is located. No motor vehicle shall be permitted
20 in or upon any part of a vehicular crossing which is not registered in
21 accordance with the provisions of the law of the state in which such
22 part of the vehicular crossing is located.
23 § 1507. Accident protocol. The operator of any vehicle involved in an
24 accident resulting in injury or death to any person or damage to any
25 property shall immediately stop such vehicle at the scene of the acci-
26 dent, render such assistance as may be needed, and give his name,
27 address, and operator's license and registration number to the person
28 injured or to any officer or witness of the injury. The operator of such
29 vehicle shall make a report of such accident in accordance with the law
30 of the state in which such accident occurred.
31 § 1508. Transport restrictions. No person shall transport in or upon
32 a vehicular crossing, any dynamite, nitroglycerin, black powder, fire-
33 works, blasting caps or other explosives, gasoline, alcohol, ether,
34 liquid shellac, kerosene, turpentine, formaldehyde or other inflammable
35 or combustible liquids, ammonium nitrate, sodium chlorate, wet hemp,
36 powdered metallic magnesium, nitro-cellulose film, peroxides or other
37 readily inflammable solids or oxidizing materials, hydrochloric acid,
38 sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
39 ic, carbolic acid, potassium cyanide, tear gas, lewisite or any other
40 poisonous substances, liquids or gases, or any compressed gas, or any
41 radio-active article, substance or material, at such time or place or in
42 such manner or condition as to endanger unreasonably or as to be likely
43 to endanger unreasonably persons or property.
44 § 1509. Violations. Violations of the rules and regulations set forth
45 in sections fifteen hundred two through fifteen hundred eight of this
46 part committed within the territorial limits of either state shall be
47 punishable as may be provided by the laws of such state but the penal-
48 ties prescribed by either state shall not preclude the port authority
49 from excluding from vehicular crossings permanently or for a specified
50 time, all vehicles violating any of the said rules and regulations, as
51 well as other vehicles owned or operated by the owner or operator of
52 such vehicle.
53 § 1510. Definitions. The following terms as used herein shall have
54 the indicated meanings:
55 1. "Traffic" shall include pedestrians, ridden animals, herded animals
56 and vehicles whether moved by human power or otherwise.
S. 4623 72
1 2. "Vehicular crossings" shall include not only bridges and tunnels
2 operated by the port authority, but also their plazas and approaches,
3 but shall not include any lands granted by the port authority to the
4 states of New York or New Jersey or to a municipality for street or
5 highway purposes even though such street or highway constitutes a means
6 of access to or egress from such vehicular crossing.
7 § 1511. Severability. If any term or provision of this part shall be
8 declared unconstitutional or ineffective in whole or in part by a court
9 of competent jurisdiction, then to the extent that it is not unconstitu-
10 tional or ineffective, such term or provisions shall be enforced and
11 effectuated, nor shall such determination be deemed to invalidate the
12 remaining terms or provisions thereof.
13 § 1512. Repeal of previous rules and regulations. The two said states
14 agree that chapter two hundred fifty-one of the laws of New York of
15 nineteen hundred thirty-four, entitled "An act establishing rules and
16 regulations for the control of traffic on the interstate bridges and
17 tunnels operated by the Port of New York Authority and prescribing
18 proceedings and penalties for their violations", and chapter one hundred
19 forty-six of the pamphlet laws of New Jersey, nineteen hundred thirty-
20 two, entitled "An act establishing rules and regulations for the control
21 of traffic on the inter-state bridges and tunnels operated by the Port
22 of New York Authority and prescribing proceedings and penalties for
23 their violations", shall be and are repealed as of the date this part
24 takes effect.
25 § 1513. Agreement between the states. This section and the preceding
26 sections of this part, together with the corresponding sections of the
27 act of the state of New Jersey concurring herein, shall constitute an
28 agreement between the states of New York and New Jersey supplementary to
29 the compact between the two states dated April thirtieth, nineteen
30 hundred twenty-one, and amendatory thereof, and shall be liberally
31 construed to effectuate the purposes of said compact and of the agree-
32 ments of the two states amendatory thereof or supplemental thereto; and
33 shall be construed to be in aid of and supplemental to and not in limi-
34 tation of or in derogation of the powers heretofore conferred upon or
35 delegated to the port authority.
36 § 1514. Compliance with state law. If the violation within the state
37 of any of the rules and regulations set forth in sections fifteen
38 hundred two through fifteen hundred eight of this part including but not
39 limited to those regarding the payment of tolls, would have been a felo-
40 ny, misdemeanor or other punishable offense if committed on any public
41 road, street, highway or turnpike in the municipality in which such
42 violation occurred, it shall be tried and punished in the same manner as
43 if it had been committed on such public road, street, highway or turn-
44 pike.
45 § 1515. Felonies. Notwithstanding the provisions of section fifteen
46 hundred fourteen of this part, if the violation within the state of the
47 rule and regulation set forth in section fifteen hundred nine of this
48 part shall result in injury or death to a person or persons or damage to
49 property in excess of the value of five thousand dollars, such violation
50 shall constitute a felony.
51 § 1516. Misdemeanors. Except as provided in sections fifteen hundred
52 fourteen and fifteen hundred fifteen of this part, any violation within
53 the state of any of the rules and regulations set forth in sections
54 fifteen hundred two through fifteen hundred eight of this part including
55 but not limited to those regarding the payment of tolls, shall consti-
56 tute a misdemeanor and shall be punishable as an offense triable in a
S. 4623 73
1 magistrate's court by a fine not exceeding five hundred dollars or by
2 imprisonment not exceeding sixty days or by both such fine and imprison-
3 ment.
4 § 1517. Owner liability for failure of operator to comply with toll
5 collection regulations of the port authority. Notwithstanding any other
6 provision of law and in accordance with the provisions of section
7 fifteen hundred eighteen of this part, an owner of a vehicle may be held
8 liable for failure of an operator thereof to comply with the toll
9 collection regulations of the port authority of New York and New Jersey
10 (hereinafter called port authority). The owner of a vehicle shall be
11 liable pursuant to this section if such vehicle was used or operated
12 with the permission of the owner, express or implied, in violation of
13 the toll collection regulations of the port authority, and such
14 violation is evidenced by information obtained from a photo-monitoring
15 system, provided, however, that no owner of a vehicle shall be liable
16 where the operator of such vehicle has been convicted of a violation of
17 those toll collection regulations for the same incident.
18 § 1518. Imposition of liability for failure of operator to comply with
19 toll collection regulations of the port authority. The liability set
20 forth in section fifteen hundred seventeen of this part, shall be
21 imposed upon an owner for a violation by an operator of the toll
22 collection regulations of the port authority occurring within the terri-
23 torial limits of the state of New York in accordance with the following:
24 1. For the purposes of this section, the term "owner" shall mean any
25 person, corporation, partnership, firm, agency, association, lessor, or
26 organization who, at the time of the violation in any city in which a
27 vehicle is operated: (a) is the beneficial or equitable owner of such
28 vehicle; or (b) has title to such vehicle; or (c) is the registrant or
29 co-registrant of such vehicle which is registered with the department of
30 motor vehicles of this state or any other state, territory, district,
31 province, nation or other jurisdiction; or (d) subject to the limita-
32 tions set forth in subdivision six of this section, uses such vehicle in
33 its vehicle renting and/or leasing business; and includes (e) a person
34 entitled to the use and possession of a vehicle subject to a security
35 interest in another person. For the purposes of this section, the term
36 "operator" shall mean any person, corporation, firm, partnership, agen-
37 cy, association, organization or lessee that uses or operates a vehicle
38 with or without the permission of the owner, and an owner who operates
39 his or her own vehicle. For purposes of this section, the term "photo-
40 monitoring system" shall mean a vehicle sensor installed to work in
41 conjunction with a toll collection facility which automatically produces
42 one or more photographs, one or more microphotographs, a videotape or
43 other recorded images of each vehicle at the time it is used or operated
44 in violation of the toll collection regulations of the port authority.
45 For purposes of this section, the term "toll collection regulations of
46 the port authority" shall refer to the traffic regulations for inter-
47 state vehicular crossings operated by the port authority as set forth in
48 this part and in chapter one hundred ninety-two of the laws of New
49 Jersey of nineteen hundred fifty, and specifically that section of the
50 laws which prohibits traffic in or upon vehicular crossings operated by
51 the port authority except upon the payment of such tolls and other
52 charges as may from time to time be prescribed by the port authority and
53 which further makes it unlawful for any person to refuse to pay, or to
54 evade or to attempt to evade the payment of such tolls or other charges.
55 For purposes of this section, the term "vehicle" shall mean every device
56 in, upon, or by which a person or property is or may be transported or
S. 4623 74
1 drawn upon a highway, except devices used exclusively upon stationary
2 rails or tracks.
3 2. A certificate, sworn to or affirmed by an agent of the port author-
4 ity, or a facsimile thereof, based upon inspection of photographs,
5 microphotographs, videotape or other recorded images produced by a
6 photo-monitoring system shall be prima facie evidence of the facts
7 contained therein and shall be admissible in any proceeding charging a
8 violation of toll collection regulations of the port authority, provided
9 that any photographs, microphotographs, videotape or other recorded
10 images evidencing such a violation shall be available for inspection and
11 admission into evidence in any proceeding to adjudicate the liability
12 for such violation.
13 3. An imposition of liability pursuant to this section shall be based
14 upon a preponderance of evidence as submitted. An imposition of liabil-
15 ity pursuant to this section shall not be deemed a conviction of an
16 operator and shall not be made part of the motor vehicle operating
17 record, furnished pursuant to section three hundred fifty-four of the
18 vehicle and traffic law of the state of New York, of the person upon
19 whom such liability is imposed nor shall it be used for insurance
20 purposes in the provision of motor vehicle insurance coverage.
21 4. (a) A notice of liability shall be sent by first class mail to each
22 person alleged to be liable as an owner for a violation pursuant to this
23 section of the toll collection regulations of the port authority. Such
24 notice shall be mailed no later than thirty days after the alleged
25 violation. Personal delivery on the owner shall not be required. A manu-
26 al or automatic record of mailing prepared in the ordinary course of
27 business shall be prima facie evidence of the mailing of the notice.
28 (b) A notice of liability shall contain the name and address of the
29 person alleged to be liable as an owner for a violation of the toll
30 collection regulations of the port authority pursuant to this section,
31 the registration number of the vehicle involved in such violation, the
32 location where such violation took place, the date and time of such
33 violation and the identification number of the photo-monitoring system
34 which recorded the violation or other document locator number.
35 (c) The notice of liability shall contain information advising the
36 person charged of the manner and the time in which he may contest the
37 liability alleged in the notice. Such notice of liability shall also
38 contain a warning to advise the persons charged that failure to contest
39 in the manner and time provided shall be deemed an admission of liabil-
40 ity and that a default judgment may be entered thereon.
41 (d) The notice of liability shall be prepared and mailed by the port
42 authority or its duly authorized agent.
43 5. If an owner receives a notice of liability pursuant to this section
44 for any time period during which the vehicle was reported to the police
45 department as having been stolen, it shall be a valid defense to an
46 allegation of liability for a violation of the toll collection regu-
47 lations of the port authority that the vehicle had been reported to the
48 police as stolen prior to the time the violation occurred and had not
49 been recovered by such time. If an owner receives a notice of liability
50 pursuant to this section for any time period during which the vehicle
51 was stolen, but not as yet reported to the police as having been stolen,
52 it shall be a valid defense to an allegation of liability for a
53 violation of toll collection regulations of the port authority pursuant
54 to this section that the vehicle was reported as stolen within two hours
55 after discovery of the theft by the owner. For purposes of asserting the
56 defense provided by this subdivision, it shall be sufficient that a
S. 4623 75
1 certified copy of the police report on the stolen vehicle be sent by
2 first class mail to the court or other entity having jurisdiction.
3 6. An owner, as defined in paragraph (a) of subdivision one of this
4 section, who is a lessor of a vehicle to which a notice of liability was
5 issued pursuant to subdivision four of this section shall not be liable
6 pursuant to this section for the violation of the toll collection regu-
7 lations of the port authority provided that he or she sends to the port
8 authority serving the notice of liability and to the court or other
9 entity having jurisdiction a copy of the rental, lease or other such
10 contract document covering such vehicle on the date of the violation,
11 with the name and address of the lessee clearly legible, within thirty
12 days after receiving from the port authority or its duly authorized
13 agent the original notice of liability. Failure to send such information
14 within such thirty day time period shall render the lessor liable for
15 the penalty prescribed by this section. Where the lessor complies with
16 the provisions of this subdivision, the lessee of such vehicle on the
17 date of such violation shall be deemed to be the owner of such vehicle
18 for purposes of this section and shall be subject to liability for the
19 violation of toll collection regulations of the port authority provided
20 that the port authority or its duly authorized agent mails a notice of
21 liability to the lessee within ten days after the court, or other entity
22 having jurisdiction, deems the lessee to be the owner. For purposes of
23 this subdivision the term "lessor" shall mean any person, corporation,
24 firm, partnership, agency, association or organization engaged in the
25 business of renting or leasing vehicles to any lessee under a rental
26 agreement, lease or otherwise wherein the said lessee has the exclusive
27 use of said vehicle for any period of time. For the purposes of this
28 subdivision, the term "lessee" shall mean any person, corporation, firm,
29 partnership, agency, association or organization that rents, leases or
30 contracts for the use of one or more vehicles and has exclusive use
31 thereof for any period of time.
32 7. Except as provided in subdivision six of this section, if a person
33 receives a notice of liability pursuant to this section it shall be a
34 valid defense to an allegation of liability for a violation of toll
35 collection regulations of the port authority that the individual who
36 received the notice of liability pursuant to this section was not the
37 owner of the vehicle at the time the violation occurred. If the owner
38 liable for a violation of the toll collection regulations of the port
39 authority pursuant to this section was not the operator of the vehicle
40 at the time of the violation, the owner may maintain an action for
41 indemnification against the operator. The operator of the vehicle may
42 apply to the court or other entity having jurisdiction to adjudicate the
43 liability imposed under this section to accept responsibility for the
44 violation and satisfactorily discharge all applicable tolls, charges,
45 and penalties related to the violation.
46 8. "Electronic toll collection system" shall mean a system of collect-
47 ing tolls or charges which is capable of charging an account holder the
48 appropriate toll or charge by transmission of information from an elec-
49 tronic device on a motor vehicle to the toll lane, which information is
50 used to charge the account the appropriate toll or charge. In adopting
51 procedures for the preparation and mailing of a notice of liability, the
52 port authority or its duly authorized agent shall adopt guidelines to
53 ensure adequate and timely notice to all electronic toll collection
54 system account holders to inform them when their accounts are delin-
55 quent. An owner who is an account holder under the electronic toll
56 collection system shall not be found liable for a violation of this
S. 4623 76
1 section unless such authority has first sent a notice of delinquency to
2 such account holder and the account holder was in fact delinquent at the
3 time of the violation.
4 9. Nothing in this section shall be construed to limit the liability
5 of an operator of a vehicle for any violation of the toll collection
6 regulations of the port authority. Nothing in this section shall author-
7 ize or preclude the port authority from excluding from any of its facil-
8 ities, in its sole discretion, any or all vehicles found liable under
9 this section as well as other vehicles owned or operated by the owner or
10 operator of such vehicle.
11 10. Notwithstanding any other provision of law, all photographs,
12 microphotographs, videotape or other recorded images prepared pursuant
13 to this section shall be for the exclusive use of the port authority in
14 the discharge of its duties under this section and shall not be open to
15 the public nor be used in any court in any action or proceeding pending
16 therein unless such action or proceeding relates to the imposition of or
17 indemnification for liability pursuant to this section. The port author-
18 ity or its duly authorized agent shall not sell, distribute or make
19 available in any way, the names and addresses of electronic toll
20 collection system account holders, or any information compiled from
21 transactions with such account holders, without such account holders'
22 consent to any entity that will use such information for any commercial
23 purpose provided that the foregoing restriction shall not be deemed to
24 preclude the exchange of such information between any entities with
25 jurisdiction over and or operating a toll highway bridge and/or tunnel
26 facility.
27 § 1519. Adjudication of liability. Adjudication of the liability
28 imposed upon an owner by section fifteen hundred seventeen of this part
29 for a violation of the toll collection regulations of the port authority
30 occurring within the territorial limits of the state of New York shall
31 be in accordance with sections two hundred thirty-five, two hundred
32 thirty-six, two hundred thirty-seven, two hundred thirty-nine, two
33 hundred forty, two hundred forty-one, five hundred ten and eighteen
34 hundred nine of the vehicle and traffic law, or by such entity having
35 jurisdiction over violations of the toll collection regulations of the
36 port authority occurring within the territorial limits of the state of
37 New York, provided that all violations shall be heard and determined in
38 the county in which the violation is alleged to have occurred, or by
39 consent of both parties, in any county in the state of New York in which
40 the port authority operates or maintains a facility. An owner found
41 liable for a violation of toll collection regulations pursuant to this
42 section shall for a first violation thereof be liable for a monetary
43 penalty not to exceed fifty dollars or two times the toll evaded which-
44 ever is greater; for a second violation thereof both within eighteen
45 months be liable for a monetary penalty not to exceed one hundred
46 dollars or five times the toll evaded whichever is greater; for a third
47 or subsequent violation thereof all within eighteen months be liable for
48 a monetary penalty not to exceed one hundred fifty dollars or ten times
49 the toll evaded whichever is greater.
50 PART XVI
51 RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY
52 AIR AND MARINE TERMINALS
53 Section 1601. Definitions.
54 1602. Vehicle operation.
S. 4623 77
1 1603. Adherence to traffic signs and signals.
2 1604. Requiring use of right side of roadway.
3 1605. Authorization for operation.
4 1606. Procedures in case of causing injury.
5 1607. Prohibited items.
6 1608. Parking.
7 1609. Prosecution for violations.
8 1610. Felony for transport of prohibited items.
9 1611. Misdemeanor for certain violations.
10 1612. Exclusion of vehicles in violations.
11 1613. Reserve clause.
12 § 1601. Definitions. The following terms as used herein shall have
13 the indicated meanings:
14 "Air terminals" shall mean developments operated by the port authority
15 consisting of runways, hangars, control towers, ramps, wharves, bulk-
16 heads, buildings, structures, parking areas, improvements, facilities or
17 other real property necessary, convenient or desirable for the landing,
18 taking off, accommodation and servicing of aircraft of all types,
19 including but not limited to airplanes, airships, dirigibles, helicop-
20 ters, gliders, amphibians, seaplanes, or any other contrivance now or
21 hereafter used for the navigation of or flight in air or space, operated
22 by carriers engaged in the transportation of passengers or cargo, or for
23 the loading, unloading, interchange or transfer of such passengers or
24 their baggage, or such cargo, or otherwise for the accommodation, use or
25 convenience of such passengers, or such carriers or their employees, or
26 for the landing, taking off, accommodation and servicing of aircraft
27 owned or operated by persons other than carriers.
28 "Air terminal highway" shall mean and include those portions of an air
29 terminal designated and made available temporarily or permanently by the
30 port authority to the public for general or limited highway use.
31 "Marine terminals" shall mean developments operated by the port
32 authority consisting of one or more piers, wharves, docks, bulkheads,
33 slips, basins, vehicular roadways, railroad connections, side tracks,
34 sidings or other buildings, structures, facilities or improvements,
35 necessary or convenient to the accommodation of steamships or other
36 vessels and their cargoes or passengers.
37 "Marine terminal highway" shall mean and include those portions of a
38 marine terminal designated and made available temporarily or permanently
39 by the port authority to the public for general or limited highway use.
40 "Traffic" shall mean and include pedestrians, animals and vehicles.
41 § 1602. Vehicle operation. No vehicle shall be operated on any air
42 terminal highway or marine terminal highway carelessly or negligently,
43 or in disregard of the rights or safety of others, or without due
44 caution and circumspection, or at a speed or in a manner so as to endan-
45 ger unreasonably or to be likely to endanger unreasonably persons or
46 property, or while the operator thereof is under the influence of intox-
47 icating liquors or any narcotic or habit-forming drug, nor shall any
48 vehicle be operated thereon if it is so constructed, equipped or loaded
49 as to endanger unreasonably or to be likely to endanger unreasonably
50 persons or property.
51 § 1603. Adherence to traffic signs and signals. All persons on any
52 air terminal highway or marine terminal highway must at all times comply
53 with any lawful order, signal or direction by voice or hand of any
54 member of the port authority police force. When traffic is controlled by
55 traffic lights, signs or by mechanical or electrical signals, such
S. 4623 78
1 lights, signs and signals shall be obeyed unless a port authority police
2 officer directs otherwise.
3 § 1604. Requiring use of right side of roadway. Unless otherwise
4 directed, all vehicles on any air terminal highway or marine terminal
5 highway shall at all times stay to the right of the center of the road-
6 way, except in the case of one-way roadways; slow-moving vehicles shall
7 remain as close as possible to the right-hand edge or curb of the road-
8 way; and where a roadway is marked with traffic lanes vehicles shall
9 not cross markings.
10 § 1605. Authorization for operation. No person shall operate a motor
11 vehicle on an air terminal highway or marine terminal highway unless he
12 is duly authorized to operate such vehicle on state and municipal high-
13 ways in the state in which such air terminal highway or marine terminal
14 highway is located, or unless he is especially authorized by the port
15 authority to operate motor vehicles on such air terminal highway or
16 marine terminal highway. No motor vehicle shall be permitted on any air
17 terminal highway or marine terminal highway unless it is registered in
18 accordance with the provisions of the law of the state in which such air
19 terminal highway or marine terminal highway is located, or unless it is
20 especially authorized by the port authority to be operated on such air
21 terminal highway or marine terminal highway.
22 § 1606. Procedures in case of causing injury. The operator of any
23 vehicle involved in an accident on an air terminal highway or marine
24 terminal highway which results in injury or death to any person or
25 damage to any property shall immediately stop such vehicle at the scene
26 of the accident, render such assistance as may be needed, and give his
27 name, address, and operator's license and registration number to the
28 person injured or to any officer or witness of the injury. The operator
29 of such vehicle shall make a report of such accident in accordance with
30 the law of the state in which such accident occurred.
31 § 1607. Prohibited items. No person shall transport on any air termi-
32 nal highway or marine terminal highway any dynamite, nitroglycerin,
33 black powder, fireworks, blasting caps or other explosives, gasoline,
34 alcohol, ether, liquid shellac, kerosene, turpentine, formaldehyde or
35 other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
36 rate, wet hemp, powdered metallic magnesium, nitro-cellulose film,
37 peroxides or other readily inflammable solids or oxidizing materials,
38 hydrochloric acid, sulfuric acid or other corrosive liquids, prussic
39 acid, phosgene, arsenic, carbolic acid, potassium cyanide, tear gas,
40 lewisite, or any other poisonous substances, liquids or gases, or any
41 compressed gas, or any radioactive article, substance or material, at
42 such time or place or in such manner or condition as to endanger unrea-
43 sonably or as to be likely to endanger unreasonably persons or property;
44 nor shall any person park any vehicle, or permit the same to remain
45 halted on any air terminal highway or marine terminal highway containing
46 any of the foregoing, at such time or place or in such manner or condi-
47 tion as to endanger unreasonably or as to be likely to endanger unrea-
48 sonably persons or property.
49 § 1608. Parking. No person shall park a vehicle or permit the same to
50 remain halted on any air terminal highway or marine terminal highway
51 except at such places and for such periods of time as may be prescribed
52 or permitted by the port authority.
53 § 1609. Prosecution for violations. If the violation within the state
54 of any of the rules and regulations set forth in this part, would have
55 been a felony, misdemeanor or other punishable offense if committed on
56 any public road, street, highway or turnpike in the municipality in
S. 4623 79
1 which such violation occurred, it shall be tried and punished in the
2 same manner as if it had been committed on such public road, street,
3 highway or turnpike.
4 § 1610. Felony for transport of prohibited items. Notwithstanding the
5 provisions of section sixteen hundred two of this part, if the violation
6 within the state of the rule and regulation promulgated pursuant to this
7 part shall result in injury or death to a person or persons or damage to
8 property in excess of the value of five thousand dollars, such violation
9 shall constitute a felony.
10 § 1611. Misdemeanor for certain violations. Except as provided in
11 sections sixteen hundred two and sixteen hundred three of this part, any
12 violation within the state of any of the rules and regulations promul-
13 gated pursuant to this part, shall constitute a misdemeanor and shall be
14 punishable as an offense triable in a magistrate's court by a fine not
15 exceeding five hundred dollars or by imprisonment not exceeding sixty
16 days or by both such fine and imprisonment.
17 § 1612. Exclusion of vehicles in violations. The penalties prescribed
18 in this part shall not preclude the port authority from excluding from
19 any air terminal highway or marine terminal highway, permanently or for
20 a specified time, all vehicles violating any of the rules and regu-
21 lations promulgated pursuant to this part, as well as other vehicles
22 owned or operated by the owner or operator of such vehicle.
23 § 1613. Reserve clause. Nothing herein contained shall be construed
24 to affect, diminish or impair the power of this state to enact any law,
25 or to impair or diminish, or as recognition of the impairment or diminu-
26 tion of any power of this state, legislative or otherwise, with respect
27 to the port authority, its properties, or persons or property thereon.
28 PART XVII
29 NEW YORK - NEW JERSEY AGREEMENT
30 Section 1701. Enforcement authority.
31 1702. Guidelines for interpretation.
32 § 1701. Enforcement authority. Upon the concurrence of the state of
33 New Jersey, the states of New York and New Jersey agree that each state,
34 in the discretion of its legislature, and without further consent or
35 concurrence by the other state, may from time to time prescribe, amend,
36 modify or rescind penalties for violations within its territorial limits
37 of any rule or regulation, otherwise authorized, of the port of New York
38 authority (hereinafter called the "port authority"), and procedures for
39 the enforcement of such penalties.
40 § 1702. Guidelines for interpretation. This section and section
41 seventeen hundred one of this part, together with corresponding sections
42 of the act of the state of New Jersey concurring herein shall constitute
43 an agreement between the states of New York and New Jersey supplemental
44 to the compact between the two states dated April thirtieth, nineteen
45 hundred twenty-one, and shall be liberally construed to effectuate the
46 purposes of said compact and of the agreements of the two states amenda-
47 tory thereof and supplemental thereto, and not in limitation of or in
48 derogation of any powers heretofore or hereinafter conferred upon or
49 delegated to the port authority, and not as granting any power to the
50 port authority to make rules and regulations except as elsewhere
51 provided in said compact and agreements, and shall not be construed to
52 affect, diminish or impair the power of either state to prescribe,
53 amend, modify or rescind such penalties, or to enact any other law, or
54 to imply that the concurrence of the other state therein is necessary,
S. 4623 80
1 or was necessary prior to the enactment of this part, or to impair or
2 diminish, or as recognition of the impairment or diminution of any power
3 of either state, legislative or otherwise, with respect to the port
4 authority, its properties, or persons or property thereon, or to affect
5 the interpretation of the aforesaid compact and agreements between the
6 two states.
7 PART XVIII
8 SMOKING REGULATION FOR TERMINALS
9 Section 1801. Smoking prohibition.
10 1802. Penalties.
11 § 1801. Smoking prohibition. No person shall smoke, carry, or possess
12 a lighted cigarette, cigar, pipe, match or other lighted instrument
13 capable of causing naked flame in or about any area, building or
14 appurtenance of an air terminal, owned or operated by the port authori-
15 ty, or in or upon any area, bulkhead, dock, pier, wharf, warehouse,
16 building, structure or shed of a marine terminal, owned or operated by
17 the port authority, where smoking has been prohibited by the port
18 authority and where appropriate signs to that effect have been posted,
19 or on the open deck of any ship, lighter, carfloat, scow or other simi-
20 lar floating craft or equipment when berthed or moored at such dock,
21 wharf, pier or to a vessel made fast thereto.
22 § 1802. Penalties. Any violation of the rule and regulation set forth
23 in section eighteen hundred one of this part shall be punishable as an
24 offense triable in a magistrate's court, for a first offense, by a fine
25 of not more than fifty dollars or imprisonment for not more than thirty
26 days or both; for a second offense, by a fine of not less than twenty-
27 five dollars nor more than one hundred dollars or imprisonment for not
28 more than sixty days or both; for a third or any other subsequent
29 offense, by a fine of not less than fifty dollars nor more than two
30 hundred dollars or by imprisonment for not more than sixty days or both.
31 PART XIX
32 SUITS ON LEASE AT INTERNATIONAL AIRPORT
33 Section 1901. Suits on lease at International Airport.
34 1902. Effect.
35 1903. Venue.
36 1904. Consent.
37 1905. Agreement.
38 § 1901. Suits on lease at International Airport. Upon the concurrence
39 of the state of New Jersey, the states of New York and New Jersey
40 consent to suits, actions or proceedings (including proceedings to
41 enforce arbitration agreements and to enter judgments upon awards
42 resulting therefrom) of any form or nature, at law, in equity or other-
43 wise by any person or corporation engaged in the business of scheduled
44 transportation by aircraft, against the port authority, and to appeals
45 therefrom and reviews thereof, upon or for the enforcement of any writ-
46 ten contract for the use or occupancy of space, premises or facilities
47 at New York International Airport, in the county of Queens, city of New
48 York, state of New York, executed on or after January first, nineteen
49 hundred fifty-three between the port authority and any such person or
50 corporation, or by any such person or corporation so contracting with
51 the port authority upon any cause of action arising out of such use or
52 occupancy pursuant to any such written contract.
S. 4623 81
1 § 1902. Effect. The consent pursuant to section nineteen hundred one
2 of this part is granted upon the condition that in suits, actions or
3 proceedings thereunder for judgments, orders or decrees restraining or
4 enjoining the port authority from committing or continuing to commit
5 breaches of such written contract, no such judgment, order or decree
6 shall be entered except upon at least two days' prior written notice to
7 the port authority of the proposed entry thereof; and upon an appeal
8 taken by the port authority from such judgment, order or decree, the
9 service of the notice of appeal shall perfect the appeal, without an
10 undertaking or other security.
11 § 1903. Venue. The venue in any suit, action or proceeding against
12 the port authority to which consent is given by this part shall be laid
13 within a county or a judicial district, established by one of said two
14 states or by the United States and situated wholly or partially within
15 the port of New York district. The port authority shall be deemed to be
16 a resident of each such county or judicial district for the purpose of
17 such suits, actions or proceedings and shall be deemed to be a citizen
18 of both of said two states.
19 § 1904. Consent. Nothing herein contained shall be deemed to revoke,
20 rescind or affect any consents to suits, actions or proceedings against
21 the port authority heretofore given by the two said states or the terms
22 and conditions upon which such consents are given.
23 § 1905. Agreement. This part together with the act of the state of
24 New Jersey concurring herein, shall constitute an agreement between the
25 states of New York and New Jersey supplementary to and amendatory of the
26 compact between the two said states dated April thirtieth, nineteen
27 hundred twenty-one.
28 PART XX
29 NARROWS BRIDGE
30 Section 2001. Determination to build bridge.
31 2002. Authorization for construction.
32 2003. Definitions.
33 2004. Authorization for agreement with the Triborough Authority.
34 2005. Funding.
35 2006. Bi-state covenant.
36 2007. Security bonds.
37 2008. Authorization to acquire real property.
38 2009. Prior consent required.
39 2010. Authorization of agents to enter property.
40 2011. Essential government function.
41 2012. Tax exemption on acquired property.
42 2013. Governmental nature.
43 2014. Agreement.
44 § 2001. Determination to build bridge. Upon the concurrence of the
45 state of New Jersey, the states of New York and New Jersey find, deter-
46 mine and agree that a bridge between Staten Island and Long Island,
47 constituting a part of the highway system of the port district, created
48 by their compact of April thirty, nineteen hundred twenty-one, will
49 facilitate the flow of traffic between the two states, will alleviate
50 congestion in the vehicular crossings of the Hudson river and will
51 promote the movement of commerce between the two states by providing a
52 direct connection between the state of New Jersey and Long Island in the
53 state of New York by way of Staten Island and that it is therefore the
54 policy of the two said states to provide such bridge.
S. 4623 82
1 § 2002. Authorization for construction. In furtherance of the afore-
2 said policy, and in partial effectuation of the comprehensive plan here-
3 tofore adopted by the two said states for the development of the said
4 port district, the Port of New York Authority is hereby authorized and
5 empowered to construct, own, maintain and operate a bridge (hereinafter
6 called the Narrows bridge) over the Narrows of New York bay, and, in its
7 discretion (and so long as it shall retain title to such bridge), such
8 additions and improvements thereto and such approaches thereto and
9 connections with highways and with the bridges between New Jersey and
10 Staten Island as the Port Authority may deem necessary or desirable.
11 The Port Authority may effectuate such approaches or connections, in its
12 discretion, by agreement with any other public agency, which agreement
13 may provide for the construction, ownership, maintenance or operation of
14 such approaches or connections by such other public agency.
15 The Port Authority shall not commence the construction of the Narrows
16 bridge until after the execution of an agreement between the Port
17 Authority and the Triborough Bridge and Tunnel Authority (hereinafter
18 called the Triborough Authority) pursuant to section two thousand four
19 of this part.
20 § 2003. Definitions. The following terms as used in this part shall
21 mean:
22 "Bonds" shall mean bonds, notes, securities or other obligations or
23 evidences of indebtedness.
24 "General reserve fund statutes" shall mean chapter forty-eight of the
25 laws of New York of nineteen hundred thirty-one, as amended and contin-
26 ued by part XXIX of this article, and chapter five of the laws of New
27 Jersey of nineteen hundred thirty-one, as amended, and "general reserve
28 fund" shall mean the general reserve fund of the Port Authority author-
29 ized by said statutes.
30 "Narrows bridge" shall mean not only the bridge itself but also its
31 approaches, connections, additions and improvements.
32 "Narrows bridge bonds" shall mean bonds issued by the Port Authority
33 to provide funds for Narrows bridge purposes or bonds secured in whole
34 or in part by a pledge of the revenues of the Port Authority from the
35 Narrows bridge or bonds so issued and secured.
36 "Narrows bridge purposes" shall mean the effectuation, establishment,
37 construction, rehabilitation, improvement, maintenance or operation of
38 the Narrows bridge and purposes incidental thereto.
39 "Real property" shall mean lands, structures, franchises and interests
40 in land, waters, lands under water and riparian rights, and any and all
41 things and rights included within the said term, and includes not only
42 fees simple absolute but also any and all lesser interests, including
43 but not limited to easements, rights-of-way, uses, leases, licenses and
44 all other incorporeal hereditaments and every estate, interest or right,
45 legal or equitable, including terms for years and liens thereon by way
46 of judgments, mortgages or otherwise.
47 § 2004. Authorization for agreement with the Triborough Authority.
48 (a) The Port Authority is authorized and empowered to enter into an
49 agreement with the Triborough Authority (and from time to time to enter
50 into agreements amending the same) for the design, location, financing,
51 construction, maintenance and operation of the Narrows bridge and any
52 other matters of like or different character with respect to the Narrows
53 bridge, and by which the Port Authority may grant, convey, lease or
54 otherwise transfer to the Triborough Authority or to the city of New
55 York for the use and occupancy of the Triborough Authority any right,
56 title or interest of the Port Authority in the Narrows bridge and in any
S. 4623 83
1 part or parts thereof, upon such terms as may be determined by the Port
2 Authority and the Triborough Authority, including but not limited to
3 agreement as to the method of fixing the tolls, rents, charges and other
4 fees and the rules for the regulation of the use of the bridge.
5 (b) So long as the Port Authority shall retain title to the Narrows
6 bridge, it shall, so far as it deems it practicable, treat as a single
7 unified operation the effectuation of the Narrows bridge, the interstate
8 bridges and tunnels now operated by the Port Authority and any other
9 bridges or tunnels which it may construct or operate, raising moneys for
10 the construction thereof and for the making of additions and improve-
11 ments thereto in whole or in part upon its own obligations, and, except
12 as provided in such agreement or any amendment thereof, establishing and
13 levying such tolls, rents, charges and other fees as it may deem neces-
14 sary to secure from all of such bridges and tunnels as a group at least
15 sufficient revenue to meet the expenses of the effectuation of such
16 bridges and tunnels as a group, and to provide for the payment of the
17 interest upon and amortization and retirement of and the fulfillment of
18 the terms of all bonds which it may have issued in connection therewith.
19 Except as provided in such agreement or any amendment thereof, no other
20 agency or commission of either state shall have jurisdiction over the
21 Narrows bridge so long as the Port Authority shall retain title thereto,
22 and, except as so provided, all details of the design, location, financ-
23 ing, construction, leasing, tolls, rents, charges and other fees,
24 contracts, maintenance and operation of and rules for the regulation of
25 the use of the Narrows bridge so long as the Port Authority shall retain
26 title thereto shall be within its sole discretion and its decision in
27 connection with any and all matters concerning such bridge shall be
28 controlling and conclusive.
29 (c) The states of New York and New Jersey hereby consent to suits,
30 actions or proceedings against the Port Authority upon, in connection
31 with or arising out of such agreement or any amendment thereof, by the
32 Triborough Authority, or by the city of New York if and to the extent
33 that such agreement or any amendment thereof shall create rights in the
34 city of New York, as follows:
35 (1) For judgments, orders or decrees restraining or enjoining the Port
36 Authority from transferring title to real property to other persons in
37 cases where it has agreed with the Triborough Authority to transfer such
38 title to the Triborough Authority or to the city of New York for the use
39 and occupancy of the Triborough Authority, and
40 (2) For judgments, orders or decrees restraining or enjoining the Port
41 Authority from committing or continuing to commit other breaches of such
42 agreement or any amendment thereof; provided, that such judgment, order
43 or decree shall not be entered except upon two days' prior written
44 notice to the Port Authority of the proposed entry thereof and provided
45 further, that upon an appeal taken by the Port Authority from such judg-
46 ment, order or decree the service of the notice of appeal shall perfect
47 the appeal and shall stay the execution of such judgment, order or
48 decree appealed from, without an undertaking or other security.
49 Nothing herein contained shall be deemed to revoke, rescind or affect
50 any consents to suits, actions or proceedings against the Port Authority
51 heretofore given by the two said states in chapter three hundred one of
52 the laws of New York of nineteen hundred fifty and continued by part XIV
53 of this article and chapter two hundred four of the laws of New Jersey
54 of nineteen hundred fifty-one.
55 § 2005. Funding. The moneys in the general reserve fund of the Port
56 Authority may be pledged in whole or in part by the Port Authority as
S. 4623 84
1 security for or applied by it to the repayment with interest of any
2 moneys which it may raise upon Narrows bridge bonds issued by it from
3 time to time and the moneys in said general reserve fund may be applied
4 by the Port Authority to the fulfillment of any other undertakings which
5 it may assume to or for the benefit of the holders of any such bonds.
6 Subject to prior liens and pledges (and to the obligation of the Port
7 Authority to apply revenues to the maintenance of its general reserve
8 fund in the amount prescribed by the general reserve fund statutes), the
9 revenues of the Port Authority from facilities established, constructed,
10 acquired or effectuated through the issuance or sale of bonds of the
11 Port Authority secured by a pledge of its general reserve fund may be
12 pledged in whole or in part as security for or applied by it to the
13 repayment with interest of any moneys which it may raise upon Narrows
14 bridge bonds, and said revenues may be applied by the Port Authority to
15 the fulfillment of any other undertakings which it may assume to or for
16 the benefit of the holders of such bonds.
17 In the event that at any time the balance of moneys theretofore paid
18 into the general reserve fund and not applied therefrom shall exceed an
19 amount equal to one-tenth of the par value of all bonds legal for
20 investment, as defined and limited in the general reserve fund statutes,
21 issued by the Port Authority and currently outstanding at such time, by
22 reason of the retirement of Narrows bridge bonds the par value of which
23 had theretofore been included in the computation of said one-tenth, then
24 the Port Authority may pledge or apply such excess for and only for the
25 purposes for which it is authorized by the general reserve fund statutes
26 to pledge the moneys in the general reserve fund, and such pledge may be
27 made in advance of the time when such excess may occur.
28 § 2006. Bi-state covenant. The two states covenant and agree with
29 each other and with the holders of Narrows bridge bonds as security for
30 which there may or shall be pledged (directly or indirectly, or through
31 the medium of its general reserve fund or otherwise) the revenues, or
32 any part thereof, of the Narrows bridge or any other facility owned or
33 operated by the Port Authority, that the two states will not, so long as
34 any of such bonds remain outstanding and unpaid, diminish or impair the
35 power of the Port Authority to establish, levy and collect tolls, rents,
36 charges or other fees in connection with the Narrows bridge (so long as
37 the Port Authority shall retain title to such bridge) or any such other
38 facility; and that the two said states will not, so long as any of such
39 bonds remain outstanding and unpaid and so long as the Port Authority
40 shall retain title to the Narrows bridge, authorize the construction of
41 any other vehicular bridges or tunnels (other than bridges or tunnels
42 exclusively for railway rapid transit purposes) between Staten Island
43 and Long Island by any person or body other than the Port Authority.
44 § 2007. Security bonds. Narrows bridge bonds are hereby made securi-
45 ties in which all state and municipal officers and bodies of both
46 states, all banks, bankers, trust companies, savings banks, building and
47 loan associations, savings and loan associations, investment companies
48 and other persons carrying on a banking business, all insurance compa-
49 nies, insurance associations and other persons carrying on an insurance
50 business, and all administrators, executors, guardians, trustees and
51 other fiduciaries, and all other persons whatsoever, who are now or may
52 hereafter be authorized by either state to invest in bonds of such
53 state, may properly and legally invest any funds, including capital,
54 belonging to them or within their control; and said bonds are hereby
55 made securities which may properly and legally be deposited with and
56 shall be received by any state or municipal officer or agency of either
S. 4623 85
1 state for any purpose for which the deposit of bonds of such state is
2 now or may hereafter be authorized.
3 § 2008. Authorization to acquire real property. If the Port Authority
4 shall find it necessary or convenient to acquire any real property for
5 Narrows bridge purposes (including temporary construction, rehabili-
6 tation or improvement), whether for immediate or future use, the Port
7 Authority may find and determine that such property, whether a fee
8 simple absolute or a lesser interest, is required for a public use, and
9 upon such determination the said property shall be and shall be deemed
10 to be required for such public use until otherwise determined by the
11 Port Authority, and such determination shall not be affected by the fact
12 that such property has theretofore been taken for and is then devoted to
13 a public use; but the public use in the hands of or under the control of
14 the Port Authority shall be deemed superior to the public use in the
15 hands of any other person, association or corporation. If the Port
16 Authority shall find it necessary or convenient hereunder to acquire any
17 real property which is then devoted to a public use, the Port Authority
18 shall have power to exchange or substitute any other real property for
19 such real property upon terms agreed to by the Port Authority and the
20 owner of such property then devoted to a public use, and to find and
21 determine that such other real property is also required for a public
22 use; upon such determination the said other property shall be and shall
23 be deemed to be required for such public use.
24 The Port Authority may acquire and is hereby authorized to acquire any
25 real property in the state of New York required for a public use under
26 the preceding paragraph, whether a fee simple absolute or a lesser
27 estate, by the exercise of the right of eminent domain under and pursu-
28 ant to the eminent domain procedure law of the state of New York, or at
29 the option of the Port Authority pursuant to any other and alternate
30 procedure provided by law by such state. Nothing herein contained shall
31 be construed to prevent the Port Authority from bringing any proceedings
32 in either state to remove a cloud on title or such other proceedings as
33 it may, in its discretion, deem proper and necessary, or from acquiring
34 any such property in either state by negotiation or purchase.
35 Where a person entitled to an award remains in possession of such
36 property after the time of the vesting of title in the Port Authority,
37 the reasonable value of his use and occupancy of such property subse-
38 quent to such time, as fixed by agreement or by the court in such
39 proceedings or by any court of competent jurisdiction, shall be a lien
40 against such award, subject only to liens of record at the time of the
41 vesting of title in the Port Authority.
42 § 2009. Prior consent required. Anything in this part to the contrary
43 notwithstanding, no property now or hereafter vested in or held by the
44 city of New York shall be taken by the Port Authority without the
45 authority or consent of the city as provided in said compact of April
46 thirty, nineteen hundred twenty-one. The Port Authority is also hereby
47 authorized and empowered to acquire from said city by agreement there-
48 with, and the city, notwithstanding any contrary provision of law, is
49 hereby authorized and empowered to grant and convey upon reasonable
50 terms and conditions any real property which the Port Authority shall
51 find to be necessary for Narrows bridge purposes, including such real
52 property as has already been devoted to a public use. The state of New
53 York hereby consents to the use and occupation of the real property of
54 such state which the Port Authority shall find to be necessary for
55 Narrows bridge purposes, including lands of the state lying under water,
56 and the department, board or division or other agency of the state exer-
S. 4623 86
1 cising supervision of such property shall execute such documents as it
2 may deem necessary to evidence the right to such use and occupation.
3 § 2010. Authorization of agents to enter property. The Port Authority
4 and its duly authorized agents, and all persons acting under its author-
5 ity and by its direction, may enter in the daytime into and upon any
6 real property which it shall be necessary so to enter, for the purpose
7 of making such surveys, diagrams, maps or plans, or for the purpose of
8 making such soundings or borings as the Port Authority may deem neces-
9 sary or convenient for the purposes of this part and the concurrent act
10 of the state of New Jersey.
11 § 2011. Essential government function. The construction, maintenance
12 and operation of the Narrows bridge are and will be in all respects for
13 the benefit of the people of the states of New York and New Jersey, for
14 the increase of their commerce and prosperity and for the improvement of
15 their health and living conditions and shall be deemed to be public
16 purposes; and the Port Authority shall be regarded as performing an
17 essential governmental function in undertaking the construction, mainte-
18 nance and operation thereof and in carrying out the provisions of law
19 relating thereto.
20 § 2012. Tax exemption on acquired property. No taxes or assessments
21 shall be levied or collected upon any property acquired or used for
22 Narrows bridge purposes.
23 § 2013. Governmental nature. Any declarations contained herein and in
24 the concurrent act of the state of New Jersey with respect to the
25 governmental nature and public purpose of the Narrows bridge and to the
26 exemption of Narrows bridge property from taxation and to the discretion
27 of the Port Authority with respect to the operation thereof shall not be
28 construed to imply that other Port Authority property and operations are
29 not of a governmental nature or do not constitute public purposes, or
30 that they are subject to taxation, or that the determinations of the
31 Port Authority with respect thereto are not conclusive. The powers
32 vested in the Port Authority herein and in the concurrent act of the
33 state of New Jersey (including but not limited to the powers to acquire
34 real property by condemnation and to make or effectuate additions,
35 improvements, approaches and connections) shall, except as herein other-
36 wise expressly stated, be continuing powers and no exercise thereof
37 shall be deemed to exhaust them or any of them.
38 The provisions of chapter forty-seven of the laws of New York of nine-
39 teen hundred thirty-one as continued by part III of this article and
40 chapter four of the laws of New Jersey of nineteen hundred thirty-one
41 shall not apply to the Narrows bridge.
42 § 2014. Agreement. This section and the preceding sections of this
43 part constitute an agreement between the states of New York and New
44 Jersey supplementary to the compact between the two states dated April
45 thirty, nineteen hundred twenty-one, and amendatory thereof, and shall
46 be liberally construed to effectuate the purposes of said compact and of
47 the comprehensive plan heretofore adopted by the two states, and the
48 powers vested in the Port Authority hereby shall be construed to be in
49 aid of and supplemental to and not in limitation of or in derogation of
50 any of the powers heretofore conferred upon or delegated to the Port
51 Authority.
52 PART XXI
53 NEW JERSEY TURNPIKE CONNECTIONS
54 Section 2101. Definitions.
S. 4623 87
1 2102. Authorization for agreement with New Jersey agencies.
2 2103. Securities.
3 § 2101. Definitions. As used in this part:
4 1. "Port authority" shall mean the Port of New York Authority;
5 2. "Bonds" shall mean bonds, notes, securities or other obligations or
6 evidences of indebtedness;
7 3. "Newark bay-Hudson county extension" shall mean the turnpike
8 project of the New Jersey Turnpike Authority extending between the
9 vicinity of Port street and Newark airport in the city of Newark and the
10 vicinity of the Holland tunnel in Hudson county, authorized by subdivi-
11 sion (c) of section one of chapter forty-one of the laws of New Jersey
12 of one thousand nine hundred forty-nine, as amended by chapter two
13 hundred eighty-six of the laws of New Jersey of one thousand nine
14 hundred fifty-one;
15 4. "Newark bay-Hudson county extension terminal connections" shall
16 mean the connections to the Newark bay-Hudson county extension at the
17 following locations: (a) at or in the vicinity of the westerly end of
18 the Newark bay-Hudson county extension to interconnect United States
19 Highway route 1, the turnpike toll plaza, Port street and Newark
20 airport, and (b) at or in the vicinity of the Holland tunnel plaza and
21 thence northerly in Hudson county to a point at grade at or in the
22 vicinity of Paterson avenue in the city of Hoboken.
23 § 2102. Authorization for agreement with New Jersey agencies. The
24 port authority is hereby authorized and empowered, in its discretion, to
25 enter into an agreement or agreements upon such terms and conditions as
26 it may deem in the public interest, with the New Jersey Turnpike Author-
27 ity, or the New Jersey state highway department, or both, whereby the
28 port authority may undertake to pay to such other party or parties to
29 such agreement or agreements such portion or portions of the cost of
30 constructing either or both of said Newark bay-Hudson county extension
31 terminal connections as the port authority shall determine to be propor-
32 tionate to the benefit to facilities owned or operated by the port
33 authority from such connections, whether or not such connections shall
34 constitute approaches or connections to such port authority facilities.
35 § 2103. Securities. The bonds which may be issued by the port authori-
36 ty to provide funds to make all or any portion of the payment or
37 payments required by an agreement or agreements authorized by section
38 twenty-one hundred two of this part and for purposes incidental thereto
39 are hereby made securities in which all state and municipal officers and
40 bodies of New Jersey and New York, all banks, bankers, trust companies,
41 savings banks, building and loan associations, saving and loan associ-
42 ations, investment companies and other persons carrying on a banking
43 business, all insurance companies, insurance associations and other
44 persons carrying on an insurance business, and all administrators, exec-
45 utors, guardians, trustees and other fiduciaries and all other persons
46 whatsoever are now or may hereafter be authorized by either the state of
47 New Jersey or the state of New York to invest in bonds or other obli-
48 gations of such state, may properly and legally invest any funds includ-
49 ing capital belonging to them or within their control; and said bonds
50 are hereby made securities which may properly and legally be deposited
51 with and shall be received by any state or municipal officer or agency
52 of either the state of New Jersey or the state of New York for any
53 purpose for which the deposit of bonds or other obligations of such
54 state is now or may hereafter be authorized.
S. 4623 88
1 PART XXII
2 COMMUTER RAILROAD CARS
3 Section 2201. Commuter railroad cars.
4 § 2201. Commuter railroad cars. 1. Upon the concurrence of the state
5 of New Jersey, the states of New York and New Jersey agree that each
6 such state may elect by appropriate legislation to provide for the
7 purchase and rental by the port of New York authority of railroad cars
8 for passenger transportation in accordance with this part.
9 2. For the purpose of this part:
10 (a) "Port authority" shall mean the port of New York authority.
11 (b) "Commuter railroad of an electing state" shall mean a railroad
12 transporting passengers between municipalities in the portion of the
13 port of New York district within such state, the majority of the track-
14 age of which within the port of New York district utilized for the
15 transportation of passengers shall be in such state.
16 (c) "Railroad cars" shall mean railroad passenger cars, including
17 self-propelled cars, and locomotives and other rolling stock used in
18 passenger transportation.
19 3. (a) Upon the election by either state as provided in subdivision
20 one of this section, the port authority shall be authorized and
21 empowered to:
22 (i) purchase and own railroad cars for the purpose of leasing them to
23 any commuter railroad of such state; provided, however, that no rail-
24 road cars shall be so purchased except with advances received or money
25 borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor
26 shall the port authority incur expenses in connection with such purchase
27 and ownership except out of such advances or borrowed money or the
28 rentals received from such leasing;
29 (ii) receive and accept advances from such state for such purchase
30 upon such terms and conditions as such state may specify;
31 (iii) borrow money from any source for such purchase or for the repay-
32 ment of such advances or money borrowed, subject to the provisions of
33 paragraph (b) of this subdivision;
34 (iv) secure the repayment of principal of and interest upon any such
35 borrowed money by and only by a lien upon such railroad cars, a pledge
36 of the rentals therefrom and the liability of the electing state for the
37 repayment of such principal and interest;
38 (v) lease such railroad cars directly or indirectly to any commuter
39 railroad of such state upon such terms and conditions as the port
40 authority shall deem in the public interest, including postponement of
41 receipt of rentals by the port authority in the interest of increasing
42 and improving the service rendered to the commuting public; provided,
43 however, that no such lease shall become effective until it has been
44 approved in writing by the officer of the electing state designated by
45 appropriate legislation; and
46 (vi) sell or otherwise dispose of such cars upon such terms and condi-
47 tions and to such persons as the port authority shall deem in the public
48 interest, except as may be otherwise directed by such electing state.
49 (b) The port authority shall not borrow money pursuant to subparagraph
50 (iii) of paragraph (a) of this subdivision unless and until the electing
51 state shall have duly amended its constitution, if necessary, making or
52 authorizing making the state liable for the repayment of the money so
53 borrowed and interest thereon or for the fulfillment of the rental obli-
54 gations to the port authority, or both; and the port authority shall
S. 4623 89
1 not borrow any such money unless and until the electing state shall be
2 made liable for the repayment of any such money.
3 4. The purchase and ownership by the port authority of railroad cars
4 and the rental thereof to commuter railroads of the states of New York
5 or New Jersey are and will be in all respects for the benefit of the
6 people of the said two states for the increase of their commerce and
7 prosperity and for the improvement of their health, safety and living
8 conditions and shall be deemed to be public purposes; and the port
9 authority shall be regarded as performing an essential governmental
10 function in undertaking such purchase, ownership and rental and in
11 carrying out the provisions of law relating thereto.
12 5. The bonds or other evidences of indebtedness which may be issued by
13 the port authority pursuant to this part are hereby made securities in
14 which all state and municipal officers and bodies, all banks, bankers,
15 trust companies, savings banks, savings and loan associations, invest-
16 ment companies and other persons carrying on a banking business, all
17 insurance companies, insurance associations and other persons carrying
18 on an insurance business, and all administrators, executors, guardians,
19 trustees and other fiduciaries and all other persons whatsoever who are
20 now or may hereafter be authorized to invest in bonds or other obli-
21 gations of the electing state, may properly and legally invest any
22 funds, including capital, belonging to them or within their control;
23 and said bonds or other evidences of indebtedness are hereby made secu-
24 rities which may properly and legally be deposited with and shall be
25 received by any state or municipal officer or agency for any purpose for
26 which the deposit of bonds or other evidences of indebtedness of the
27 electing state is now or may hereafter be authorized. Such bonds or
28 other evidences of indebtedness shall constitute negotiable instruments.
29 Notwithstanding the provisions of this or any other legislation the
30 rentals received by the port authority from the leasing of any railroad
31 cars under this part shall not be pooled or applied to the establishment
32 or maintenance of any reserve fund of the port authority pledged as
33 security for any bonds or other evidences of indebtedness other than
34 those issued pursuant to this part, and the bonds or other evidences of
35 indebtedness issued pursuant to this part shall not be included in meas-
36 uring the principal amount of bonds or other evidences of indebtedness
37 upon which the amount of any such reserve fund is calculated.
38 6. No taxes or assessments shall be levied or collected upon any rail-
39 road cars owned by the port authority pursuant to this part or upon any
40 leasehold interest therein.
41 7. (a) The state of New York hereby elects pursuant to subdivision one
42 of this section to provide for the purchase and rental by the port
43 authority of railroad cars on the commuter railroads of this state. The
44 commissioner of the department of transportation is hereby designated as
45 the officer of this state for the approval of leases pursuant to subpar-
46 agraph (v) of paragraph (a) of subdivision three of this section.
47 (b) In the event that this state shall make advances to the port
48 authority for the purchase and rental of railroad cars, the port author-
49 ity shall repay any such advances, pursuant to an appropriate written
50 agreement with the director of the budget entered into prior to the
51 requisitioning of such advances, out of money borrowed for such purpose
52 under subparagraph (iii) of paragraph (a) of subdivision three of this
53 section. Except as so repaid, such advances shall be repaid annually by
54 the port authority to the extent and only to the extent that the port
55 authority shall have received rentals, directly or indirectly, from all
56 the commuter railroads of this state to which railroad cars have been
S. 4623 90
1 leased under this part in excess of the components of such rentals which
2 represent the port authority's administrative, legal and financial
3 expenses in connection with the purchase, ownership and lease.
4 (c) In the event that railroad cars purchased by the port authority
5 are sold upon the default of any lessee thereof, the port authority
6 shall deduct from the proceeds of such sale its unpaid administrative,
7 legal and financial expenses in connection with such lease and sale and
8 an amount equal to the unpaid principal and interest and mandatory
9 redemption premiums, whenever payable, upon its outstanding bonds or
10 other evidences of indebtedness, the proceeds of the issuance of which
11 shall have been applied to the purchase of the railroad cars sold and
12 shall pay the balance to this state, but the port authority shall have
13 full authority to agree with any other creditors of such lessee, either
14 in advance of or after default, as to the order of payment to the port
15 authority and such other creditors, either out of the assets of such
16 lessee available for such creditors, including the port authority, or
17 out of the proceeds of the joint sale of various properties of such
18 creditors theretofore used by such lessee, including such railroad cars
19 of the port authority.
20 (d) Except as provided in paragraph (c) of this subdivision, any rail-
21 road cars purchased by the port authority with the proceeds of the issu-
22 ance by the port authority of any series of bonds or other evidences of
23 indebtedness shall become the property of this state after the final
24 payment of all the bonds or other evidences of indebtedness of such
25 series, and thereafter shall be held by the port authority subject to
26 the disposition of this state, and any railroad cars purchased by the
27 port authority with any advances from this state shall become the prop-
28 erty of this state upon the repayment of all such advances solely out of
29 rentals in excess of the port authority's administrative, legal and
30 financial expenses in connection therewith; or if the proceeds of port
31 authority bonds or other evidences of indebtedness of any series shall
32 have been applied to repay all or any portion of such advances, then
33 such cars shall become the property of this state upon the final payment
34 of all such bonds or other evidences of such indebtedness of such
35 series.
36 (e)(i) To the extent authorized by the constitution at the time of the
37 issuance of bonds or notes of the port authority for any of the purposes
38 of this part, the punctual payment of such bonds and notes shall be, and
39 the same hereby is, fully and unconditionally guaranteed by the state of
40 New York, both as to principal and interest, according to their terms;
41 and such guaranty shall be expressed upon the face thereof by the signa-
42 ture or facsimile signature of the comptroller or a deputy comptroller
43 of the state of New York. If the port authority shall fail to pay, when
44 due, the principal of, or interest upon, such bonds or notes, such comp-
45 troller shall pay the holder thereof. In furtherance of such guaranty
46 of punctual payment, if the comptroller of this state shall receive
47 written notice from the trustee or other fiduciary or other duly author-
48 ized representative of the holder or holders of such bonds and notes
49 designated in any agreement between the port authority and such holder
50 or holders that the port authority has failed to make or deposit any
51 payment of interest or principal required by such agreement to or with
52 such trustee or fiduciary or otherwise at or before the time specified
53 in such agreement, then such comptroller shall within three days of the
54 receipt of such notice pay to such trustee or fiduciary or other duly
55 authorized representative the amount necessary to meet any deficiency in
56 the payment of such interest and principal, when due.
S. 4623 91
1 If the comptroller shall make a payment or payments pursuant to this
2 subparagraph, the state shall be subrogated to the rights of the bond-
3 holders or noteholders to whom, or on account of whom, such payment or
4 payments were made, in and to the revenues pledged to such holders; and
5 for such purpose, to the extent any such revenues in the hands of the
6 port authority may be inadequate to repay such payment or payments made
7 by the state, the state shall be further subrogated to the rights of the
8 port authority to recover any rentals due and unpaid to the port author-
9 ity as of the date of such payment or payments and pledged to such hold-
10 ers as aforesaid.
11 (ii) Such bonds and notes shall be sold by the port authority in such
12 manner and at such time as the port authority, with the approval of the
13 comptroller, shall determine. The proceeds of each sale of bonds or
14 notes shall be applied to the purpose or purposes set forth in the
15 resolution of the port authority authorizing the issuance of such bonds
16 or notes. If, after having accomplished the purpose or purposes set
17 forth in such resolution there remains any unexpended balance (including
18 interest earned by the port authority on such proceeds), such unexpended
19 balance shall be applied by the port authority, to the extent practica-
20 ble, to the purchase for retirement or to the redemption of bonds or
21 notes included in such sale, or otherwise as the port authority may
22 determine for the purposes of this part. If any commuter car, the
23 acquisition of which is financed or refinanced by the issuance of bonds
24 or notes under this part, be lost, damaged or destroyed, the proceeds of
25 any insurance policies covering such loss, damage or destruction or any
26 payments made to the port authority by the lessee of such car on account
27 of such loss, damage or destruction shall be applied by the port author-
28 ity, to the extent practicable, to the purchase for retirement or to the
29 redemption of bonds or notes of such series, or otherwise as the port
30 authority may determine for the purposes of this part.
31 (iii) The port authority is designated as the agent of the state of
32 New York for the purpose of selling, leasing or otherwise disposing of
33 any railroad cars which shall become the property of the state pursuant
34 to paragraph (d) of this subdivision. As such agent the port authority
35 may agree, upon such terms and conditions as may be deemed appropriate
36 by it, with any lessee of railroad cars or with any other person, either
37 in advance of or after the time when such cars shall become the property
38 of the state, so to sell, lease or otherwise dispose of such cars. In
39 the event any such cars are so sold, leased or otherwise disposed of by
40 the port authority, the port authority shall pay over to the state, as
41 promptly after receipt as may be practicable, any balance of the
42 proceeds thereof, which remain after deduction of the port authority's
43 administrative, legal and financial expenses in connection with or aris-
44 ing out of such sale, lease or other disposition.
45 PART XXIII
46 WORLD TRADE CENTER
47 Section 2301. World trade center.
48 § 2301. World trade center. 1. The states of New York and New Jersey
49 hereby find and determine:
50 (a) that the transportation of persons to, from and within the port of
51 New York, and the flow of foreign and domestic cargoes to, from and
52 through the port of New York are vital and essential to the preservation
53 of the economic well-being of the northern New Jersey-New York metropol-
54 itan area;
S. 4623 92
1 (b) that in order to preserve the northern New Jersey-New York metro-
2 politan area from economic deterioration, adequate facilities for the
3 transportation of persons must be provided, preserved and maintained and
4 that rail services are and will remain of extreme importance to such
5 transportation of persons;
6 (c) that the interurban electric railway now or heretofore operated by
7 the Hudson & Manhattan railroad company is an essential railroad facili-
8 ty serving the northern New Jersey-New York metropolitan area, that its
9 physical plant is in a severely deteriorated condition, and that it is
10 in extreme financial condition;
11 (d) that the immediate need for the maintenance and development of
12 adequate railroad facilities for the transportation of persons between
13 northern New Jersey and New York would be met by the acquisition, reha-
14 bilitation and operation of the said Hudson & Manhattan interurban elec-
15 tric railway by a public agency, and improvement and extensions of the
16 rail transit lines of said railway to permit transfer of its passengers
17 to and from other transportation facilities and in the provision of
18 transfer facilities at the points of such transfers;
19 (e) that in order to preserve and protect the position of the port of
20 New York as the nation's leading gateway for world commerce it is incum-
21 bent on the states of New York and New Jersey to make every effort to
22 insure that their port receives its rightful share of the oceanborne
23 cargo volumes generated by the economy of the nation;
24 (f) that the servicing functions and activities connected with the
25 oceanborne and overseas airborne trade and commerce of the port of New
26 York district as defined in the compact between the said two states
27 dated April thirty, nineteen hundred twenty-one (hereinafter called the
28 port district), including customs clearance, shipping negotiations,
29 cargo routing, freight forwarding, financing, insurance arrangements and
30 other similar transactions which are presently performed in various,
31 scattered locations in the city of New York, state of New York, should
32 be centralized to provide for more efficient and economical transporta-
33 tion of persons and more efficient and economical facilities for the
34 exchange and buying, selling and transportation of commodities and other
35 property in world trade and commerce;
36 (g) that unification, at a single, centrally located site, of the
37 principal New York terminal of the aforesaid interurban electric railway
38 and a facility of commerce accommodating the said functions and activ-
39 ities described in paragraph (f) of this subdivision and the appropriate
40 governmental, administrative and other services connected with or inci-
41 dental to transportation of persons and property and the promotion and
42 protection of port commerce, and providing a central locale for exhibit-
43 ing and otherwise promoting the exchange and buying and selling of
44 commodities and property in world trade and commerce, will materially
45 assist in preserving for the two states and the people thereof the mate-
46 rial and other benefits of a prosperous port community;
47 (h) that the port authority, which was created by agreement of the two
48 states as their joint agent for the development of the transportation
49 and terminal facilities and other facilities of commerce of the port
50 district and for the promotion and protection of the commerce of their
51 port, is the proper agency to act in their behalf (either directly or by
52 or through wholly-owned subsidiary corporations) to effectuate, as a
53 unified project, the said interurban electric railway and its extensions
54 and the facility of commerce described in paragraph (g) of this subdivi-
55 sion; and
S. 4623 93
1 (i) that the undertaking of the aforesaid unified project by the port
2 authority has the single object of preserving, and is part of a unified
3 plan to aid in the preservation of, the economic well-being of the
4 northern New Jersey-New York metropolitan area and is found and deter-
5 mined to be in the public interest.
6 2. The following terms as used in this act shall have the following
7 meanings:
8 (a) "Bonds" shall mean bonds, notes, securities or other obligations
9 or evidences of indebtedness;
10 (b) "Effectuation" of a project or any facility or part of a facility
11 constituting a portion of a project shall include but not be limited to
12 its establishment, acquisition, construction, development, maintenance,
13 operation, improvement (by way of betterments, additions or otherwise)
14 and rehabilitation;
15 (c) "Exchange place terminal area" shall mean the area in the city of
16 Jersey City, state of New Jersey, bounded generally by Exchange place
17 and Montgomery street, by Warren street, by Pearl street, by Greene
18 street, and by Morgan street as extended to the bulkhead line and by
19 said bulkhead line, together with such additional contiguous area as may
20 be agreed upon from time to time between the port authority and the said
21 city;
22 (d) "General reserve fund statutes" shall mean chapter forty-eight of
23 the laws of New York of nineteen hundred thirty-one as amended and
24 continued by part XXIX of this article, and chapter five of the laws of
25 New Jersey of nineteen hundred thirty-one as amended, and "general
26 reserve fund" shall mean the general reserve fund of the port authority
27 authorized by said statutes;
28 (e) "Hudson tubes" shall mean that portion of the port development
29 project constituting a railroad facility consisting of the four inter-
30 state rail tunnels under the Hudson river now or heretofore owned or
31 operated by the Hudson & Manhattan railroad company, the rail transit
32 lines of the Hudson tubes, the balance of the interurban electric rail-
33 way system in and through said tunnels and over said lines and inci-
34 dental thereto (including but not limited to the portion of such lines
35 and system now or heretofore operated jointly by said railroad company
36 and the Pennsylvania railroad company), terminals, including but not
37 limited to terminals in the Hudson tubes-world trade center area, in the
38 Journal square terminal area and in the Exchange place terminal area,
39 and other related railroad property;
40 (f) "Hudson tubes extensions" shall mean those portions of the port
41 development project constituting passenger railroad facilities (1)
42 extending directly from the rail transit lines of the Hudson tubes, over
43 new rail transit lines or on or over the existing rail transit lines of
44 other railroads, to transfer facilities in the rail passenger transfer
45 area, for the transfer of passengers of the Hudson tubes to and from
46 other railroads, and (2) extending from Pennsylvania station in the city
47 of Newark, state of New Jersey, over new rail transit lines or on or
48 over the existing rail transit lines of other railroads, to the vicinity
49 of the city of Plainfield, state of New Jersey, including construction,
50 reconstruction and improvement of necessary stations in and between the
51 city of Newark and the vicinity of the city of Plainfield, together with
52 such additional rail or other mass transportation, terminal, station,
53 parking, storage and service facilities as operations may require, and
54 shall include a connection to provide improved access to Newark interna-
55 tional airport if and to the extent such connection shall not be other-
56 wise provided by the port authority as air terminal facilities for said
S. 4623 94
1 airport, and (3) consisting of the following improvements to passenger
2 railroad lines connecting with the Hudson tubes: (i) direct track
3 connections between the rail transit lines of the Morris & Essex divi-
4 sion of the Erie-Lackawanna railroad and the Penn Central transportation
5 company in the vicinity of the town of Kearny in the state of New
6 Jersey, (ii) replacement of the railroad bridge (known as the "portal
7 bridge") operated by the Penn Central transportation company across the
8 Hackensack river, (iii) direct track connections between the rail trans-
9 it lines of the Bergen branch and the mail line of the Erie-Lackawanna
10 railroad in the vicinity of the town of Secaucus in the state of New
11 Jersey and between the new joint line resulting from such connections
12 and the rail transit lines of the Penn Central transportation company in
13 the vicinity of the town of Secaucus in the state of New Jersey, (iv) a
14 new railroad yard in the vicinity of the town of Secaucus in the state
15 of New Jersey for the accommodation of railroad passenger equipment, (v)
16 improvements to Pennsylvania station in the city of New York, state of
17 New York, and to its railroad approaches from the state of New Jersey,
18 as necessary or desirable to improve operations and to increase train
19 and passenger handling capacity, and (vi) such additional rail or other
20 mass transportation, terminal, station, parking, storage and service
21 facilities as operations may require with respect to any of the projects
22 identified in this subparagraph or any of the foregoing or any portion
23 thereof; and, in addition thereto, other related railroad property;
24 (g) "Hudson tubes-world trade center area" shall mean the area in the
25 borough of Manhattan, city and state of New York, bounded generally by
26 the east side of Church street on the east, the south side of Liberty
27 street and the south side of Liberty street extended on the south, the
28 Hudson river on the west, and on the north by a line beginning at the
29 point of intersection of the Hudson river and the north side of Vesey
30 street extended, running along the north side of Vesey street extended
31 and the north side of Vesey street to the west side of Washington
32 street, then along the west side of Washington street to the north side
33 of Barclay street, then along the north side of Barclay street to the
34 east side of West Broadway, then along the east side of West Broadway to
35 the north side of Vesey street, then along the north side of Vesey
36 street to the east side of Church street, together with such additional
37 contiguous area as may be agreed upon from time to time between the port
38 authority and the said city;
39 (h) "Journal square terminal area" shall mean the area in the city of
40 Jersey City, state of New Jersey, bounded generally by Journal square,
41 Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together
42 with such additional contiguous area as may be agreed upon from time to
43 time between the port authority and the said city;
44 (i) "Municipality" shall mean a county, city, borough, village, town,
45 township or other similar political subdivision of New York or New
46 Jersey;
47 (j) "Parking facilities" forming a part of the Hudson tubes or Hudson
48 tubes extensions shall mean one or more areas, buildings, structures,
49 improvements or other accommodations or appurtenances at or in the
50 vicinity of any terminal or station of the Hudson tubes or Hudson tubes
51 extensions and necessary, convenient or desirable in the opinion of the
52 port authority for the parking of motor vehicles of users of the Hudson
53 tubes or the Hudson tubes extensions and of members of the general
54 public and for the parking and storage of omnibuses and railroad cars
55 serving users of the Hudson tubes or the Hudson tubes extensions and for
56 the transfer of the operators and passengers of such motor vehicles,
S. 4623 95
1 omnibuses and railroad cars to and from the railroad cars of the Hudson
2 tubes or the Hudson tubes extensions, and for purposes incidental there-
3 to;
4 (k) "Purposes of this part" shall mean the effectuation of the port
5 development project and of each facility constituting a portion thereof
6 and of each part of each such facility, and purposes incidental thereto;
7 (l) "Rail passenger transfer area" shall mean the area in the state of
8 New Jersey bounded as follows: beginning on the west bank of the Hudson
9 river at the southerly side of the right-of-way of the Central railroad
10 of New Jersey easterly of the Communipaw station in the city of Jersey
11 City, thence northwestwardly along said southerly side of the right-of-
12 way of the Central railroad of New Jersey through the cities of Jersey
13 City and Kearny to Broad street in the city of Newark; thence northward-
14 ly along Broad street to Clay street, thence eastwardly along Clay
15 street to the boundary between the counties of Hudson and Essex in the
16 Passaic river, thence northwardly along said boundary to its inter-
17 section with the boundary line between the counties of Bergen and
18 Hudson, thence eastwardly and northwardly along said boundary to New
19 Jersey state highway route three, thence eastwardly along said route
20 three, the Lincoln tunnel viaduct and a line in continuation of said
21 viaduct and tunnel to the west bank of the Hudson river, thence south-
22 wardly along said west bank to the point and place of beginning;
23 (m) "Rail transit lines" shall mean right-of-way and related trackage,
24 and the "rail transit lines of the Hudson tubes" shall mean the rail
25 transit lines beginning at the Market street station of the Pennsylvania
26 railroad company in the city of Newark, state of New Jersey and extend-
27 ing generally (i) eastwardly along the joint service and operating route
28 now or heretofore used by the Hudson & Manhattan railroad company and
29 the Pennsylvania railroad company to the point of connection thereof
30 with the tracks now or formerly of the Hudson & Manhattan railroad
31 company in or about the Journal square terminal area; thence (ii)
32 continuing eastwardly along the tracks and right-of-way now or hereto-
33 fore used by the Hudson & Manhattan railroad company through the city of
34 Jersey City, state of New Jersey and through the tunnels under the
35 waters of the Hudson river and through Cortlandt and Fulton streets in
36 the borough of Manhattan, city and state of New York to the Hudson
37 terminal in the Hudson tubes-world trade center area; with a branch from
38 the aforesaid route from a point located between the Grove street and
39 Exchange place stations in said city of Jersey City northwardly and
40 eastwardly to the Hoboken terminal station in the city of Hoboken, state
41 of New Jersey and with a second branch from said first branch eastwardly
42 and through the tunnels under the waters of the Hudson river to the said
43 borough of Manhattan passing through or adjacent to Morton street,
44 Greenwich street, Christopher street and the avenue of the Americas
45 (formerly Sixth avenue) to the West Thirty-third street terminal in said
46 borough of Manhattan; and rail transit lines of the Hudson tubes and of
47 the Hudson tubes extensions shall in each case include such rail transit
48 lines as the port authority may deem necessary, convenient or desirable
49 to and from parking facilities, storage yards, maintenance and repair
50 shops and yards forming part thereof;
51 (n) "Real property" shall mean lands, structures, franchises and
52 interests in land, waters, lands under water and riparian rights and any
53 and all things and rights included within said term, and includes not
54 only fees simple absolute but also any and all lesser interests, includ-
55 ing but not limited to easements, rights-of-way, uses, leases, licenses
56 and all other incorporeal hereditaments and every estate, interest or
S. 4623 96
1 right, legal or equitable, including terms for years, and liens thereon
2 by way of judgments, mortgages or otherwise;
3 (o) "Related railroad property" shall mean any property, real,
4 personal or mixed, necessary, convenient or desirable, in the opinion of
5 the port authority, to the effectuation of a railroad facility which is
6 a portion of the port development project and shall include but not be
7 limited to rail transit lines; terminals and stations; power, fuel,
8 communication, signal and ventilation systems; cars and other rolling
9 stock; storage yards; repair and maintenance shops, yards, equipment and
10 parts; parking facilities; transfer facilities for transfer of passen-
11 gers between such railroad facility and other railroads or omnibuses;
12 offices; and other buildings, structures, improvements, areas, equipment
13 or supplies; and, in the case of buildings, structures, improvements or
14 areas in which any one or more of such railroad functions are accommo-
15 dated shall include all of such buildings, structures, improvements or
16 areas notwithstanding that portions thereof may not be devoted to any of
17 the purposes of the port development project other than the production
18 of incidental revenue available for the expenses of all or part of the
19 port development project, except that in the Hudson tubes-world trade
20 center area the portions of such buildings, structures, improvements or
21 areas constructed or established pursuant to this part which are not
22 devoted primarily to railroad functions, activities or services or to
23 functions, activities or services for railroad passengers shall be
24 deemed a part of the world trade center and not related railroad proper-
25 ty;
26 (p) "Surplus revenues" from any facility shall mean the balance of the
27 revenues from such facility (including but not limited to the revenues
28 of any subsidiary corporation incorporated for any of the purposes of
29 this act) remaining at any time currently in the hands of the port
30 authority after the deduction of the current expenses of the operation
31 and maintenance thereof, including a proportion of the general expenses
32 of the port authority as it shall deem properly chargeable thereto,
33 which general expenses shall include but not be limited to the expense
34 of protecting and promoting the commerce of the port district, and after
35 the deduction of any amounts which the port authority may or shall be
36 obligated or may or shall have obligated itself to pay to or set aside
37 out of the current revenues therefrom for the benefit of the holders of
38 any bonds legal for investment as defined in the general reserve fund
39 statutes;
40 (q) "Surplus revenues of the port development project" shall mean the
41 surplus revenues of the Hudson tubes, the Hudson tubes extensions and
42 the world trade center; and
43 (r) "World trade center" shall mean that portion of the port develop-
44 ment project constituting a facility of commerce consisting of one or
45 more buildings, structures, improvements and areas necessary, convenient
46 or desirable in the opinion of the port authority for the centralized
47 accommodation of functions, activities and services for or incidental to
48 the transportation of persons, the exchange, buying, selling and trans-
49 portation of commodities and other property in world trade and commerce,
50 the promotion and protection of such trade and commerce, governmental
51 services related to the foregoing and other governmental services,
52 including but not limited to custom houses, customs stores, inspection
53 and appraisal facilities, foreign trade zones, terminal and transporta-
54 tion facilities, parking areas, commodity and security exchanges,
55 offices, storage, warehouse, marketing and exhibition facilities and
56 other facilities and accommodations for persons and property and, in the
S. 4623 97
1 case of buildings, structures, improvements and areas in which such
2 accommodation is afforded, shall include all of such buildings, struc-
3 tures, improvements and areas other than portions devoted primarily to
4 railroad functions, activities or services or to functions, activities
5 or services for railroad passengers, notwithstanding that other portions
6 of such buildings, structures, improvements and areas may not be devoted
7 to purposes of the port development project other than the production of
8 incidental revenue available for the expenses of all or part of the port
9 development project.
10 3. In furtherance of the aforesaid findings and determinations and in
11 partial effectuation of and supplemental to the comprehensive plan here-
12 tofore adopted by the two said states for the development of the said
13 port district, the port authority is hereby authorized and empowered to
14 establish, acquire, construct, effectuate, develop, own, lease, main-
15 tain, operate, improve and rehabilitate a project herein referred to as
16 the port development project, which shall consist of a facility of
17 commerce herein referred to as the world trade center, to be located
18 within the Hudson tubes-world trade center area, and railroad facilities
19 herein referred to as the Hudson tubes and the Hudson tubes extensions.
20 The port authority shall proceed as rapidly as may be practicable to
21 accomplish the purposes of this part.
22 The port authority is hereby authorized and empowered to establish,
23 levy and collect such rentals, tolls, fares, fees and other charges as
24 it may deem necessary, proper or desirable in connection with any facil-
25 ity or part of any facility constituting a portion of the port develop-
26 ment project and to issue bonds for any of the purposes of this part and
27 to provide for payment thereof, with interest upon and the amortization
28 and retirement of such bonds, and to secure all or any portion of such
29 bonds by a pledge of such rentals, tolls, fares, fees, charges and other
30 revenues or any part thereof (including but not limited to the revenues
31 of any subsidiary corporation incorporated for any of the purposes of
32 this part), and to secure all or any portion of such bonds by mortgages
33 upon any property held or to be held by the port authority (or by any
34 such subsidiary corporation) for any of the purposes of this part, and
35 for any of the purposes of this part to exercise all appropriate powers
36 heretofore or hereafter delegated to it by the states of New York and
37 New Jersey, including, but not limited to, those expressly set forth in
38 this part. The surplus revenues of the port development project may be
39 pledged in whole or in part as hereinafter provided.
40 Unless and until hereafter expressly authorized by the two states the
41 port authority shall not: (a) operate or permit operation by others of
42 its Hudson tubes railroad cars or other rolling stock or equipment or
43 Hudson tubes extensions railroad cars or other rolling stock or equip-
44 ment except upon the rail transit lines of the Hudson tubes or of the
45 Hudson tubes extensions and also between the Market street station and
46 the South street station of the Pennsylvania railroad company in the
47 city of Newark, state of New Jersey; or (b) except by way of Hudson
48 tubes extensions as herein defined, make additions, betterments or other
49 improvements to or of said Hudson tubes or Hudson tubes extensions by
50 way of extensions of their rail transit lines. Nothing herein contained
51 shall be deemed to prevent the making by the port authority of such
52 joint service or other agreements with railroads as it shall deem neces-
53 sary, convenient or desirable for the use of the Hudson tubes and Hudson
54 tubes extensions by the railroad cars or other rolling stock or equip-
55 ment of such railroads and the acquisition of the rights of any or all
56 parties in any joint service or other agreements the Hudson & Manhattan
S. 4623 98
1 railroad company or its successors shall have made with other railroads
2 for such use of the Hudson tubes. The port authority shall not proceed
3 with the effectuation of any railroad or railroad facility in addition
4 to the Hudson tubes and the Hudson tubes extensions until hereafter
5 expressly authorized by the two states. Nothing contained in this part
6 shall authorize or empower the port authority to establish, construct or
7 otherwise effectuate an air terminal.
8 4. The moneys in the general reserve fund may be pledged in whole or
9 in part by the port authority as security for or applied by it to the
10 repayment with interest of any moneys which it may raise upon bonds
11 issued or incurred by it from time to time for any of the purposes of
12 this part or upon bonds secured in whole or in part by the pledge of the
13 revenues from the port development project or any portion thereof or
14 upon bonds both so issued or incurred and so secured; and the moneys in
15 said general reserve fund may be applied by the port authority to the
16 fulfillment of any other undertakings which it may assume to or for the
17 benefit of the holders of any such bonds.
18 Subject to prior liens and pledges (and to the obligation of the port
19 authority to apply revenues to the maintenance of its general reserve
20 fund in the amount prescribed by the general reserve fund statutes), the
21 revenues from facilities established, constructed, acquired or otherwise
22 effectuated through the issuance or sale of bonds of the port authority
23 secured in whole or in part by a pledge of its general reserve fund or
24 any portion thereof may be pledged in whole or in part as security for
25 or applied by it to any of the purposes of this part, including the
26 repayment with interest of any moneys which it may raise upon bonds
27 issued or incurred from time to time for any of the purposes of this
28 part or upon bonds secured in whole or in part by the pledge of the
29 revenues of the port authority from the port development project or any
30 portion thereof or upon bonds both so issued or incurred and so secured;
31 and said revenues may be applied by the port authority to the fulfill-
32 ment of any other undertakings which it may assume to or for the benefit
33 of the holders of such bonds.
34 5. In all cases where the port authority has raised or shall hereafter
35 raise moneys for any of the purposes of this part by the issue and sale
36 of bonds which are secured in whole or in part by a pledge of the gener-
37 al reserve fund or any portion thereof, the surplus revenues from any
38 facility constituting a portion of the port development project and
39 financed in whole or in part out of the proceeds of such bonds and the
40 surplus revenue from any other port authority facility the surplus
41 revenues of which at such time may be payable into the general reserve
42 fund shall be pooled and applied by the port authority to the establish-
43 ment and maintenance of the general reserve fund in an amount equal to
44 one-tenth of the par value of all bonds legal for investment, as defined
45 in the general reserve fund statutes, issued by the port authority and
46 currently outstanding, including such bonds issued for any of the
47 purposes of this part; and all such moneys in said general reserve fund
48 may be pledged and applied in the manner provided in the general reserve
49 fund statutes.
50 In the event that any time the balance of moneys theretofore paid into
51 the general reserve fund and not applied therefrom shall exceed an
52 amount equal to one-tenth of the par value of all bonds upon the princi-
53 pal amount of which the amount of the general reserve fund is calcu-
54 lated, by reason of the retirement of bonds issued or incurred from time
55 to time for any of the purposes of this part the par value of which had
56 theretofore been included in the computation of said amount of the
S. 4623 99
1 general reserve fund, then the port authority may pledge or apply such
2 excess for and only for the purposes for which it is authorized by the
3 general reserve fund statutes to pledge the moneys in the general
4 reserve fund and such pledge may be made in advance of the time when
5 such excess may occur.
6 6. The two states covenant and agree with each other and with the
7 holders of any affected bonds, as hereinafter defined, that so long as
8 any of such bonds remain outstanding and unpaid and the holders thereof
9 shall not have given their consent as provided in their contract with
10 the port authority, the two states will not diminish or impair the power
11 of the port authority (or any subsidiary corporation incorporated for
12 any of the purposes of this part) to establish, levy and collect
13 rentals, tolls, fares, fees or other charges in connection with any
14 facility constituting a portion of the port development project or any
15 other facility owned or operated by the port authority of which the
16 revenues have been or shall be pledged in whole or in part as security
17 for such bonds (directly or indirectly, or through the medium of the
18 general reserve fund or otherwise), or to determine the quantity, quali-
19 ty, frequency or nature of the service provided in connection with each
20 such facility.
21 "Affected bonds" as used in this subdivision shall mean bonds of the
22 port authority issued or incurred by it from time to time for any of the
23 purposes of this part or bonds as security for which there may or shall
24 be pledged, in whole or in part, the general reserve fund or any reserve
25 fund established by or pursuant to contract between the port authority
26 and the holders of such bonds, or the revenues of the world trade
27 center, Hudson tubes, Hudson tubes extensions or any other facility
28 owned or operated by the port authority any surplus revenues of which
29 would be payable into the general reserve fund, or bonds both so issued
30 or incurred and so secured.
31 7. The port authority is authorized and empowered to co-operate with
32 the states of New York and New Jersey, with any municipality, with the
33 federal government and with any agency or commission of any one or more
34 of the foregoing, or with any one or more of them, for and in connection
35 with the acquisition, clearance, replanning, rehabilitation, recon-
36 struction or redevelopment of the Hudson tubes-world trade center area
37 or of any other area forming part of the port development project for
38 the purpose of renewal and improvement of said area and for any of the
39 purposes of this part, and to enter into an agreement or agreements (and
40 from time to time to enter into agreements amending or supplementing the
41 same) with any such municipality, commission or agency and with the
42 states of New York and New Jersey and with the federal government, or
43 with any one or more of them, for or relating to such purposes, includ-
44 ing but not limited to agreements with respect to financial assistance,
45 loans and grants as provided in title one of the housing act of nineteen
46 hundred forty-nine and all federal laws amendatory and supplemental
47 thereto and with respect to occupancy of space in the port development
48 project. The port authority is hereby authorized and empowered to apply
49 for and accept financial assistance, loans and grants for such purposes
50 under federal, state or local laws, and to make application directly to
51 the proper officials or agencies for and receive federal, state or local
52 loans or grants in aid of any of the purposes of this part.
53 8. Notwithstanding any contrary provision of law, general, special or
54 local, either state and any municipality and any commission or agency of
55 either or both of said two states is authorized and empowered to co-op-
56 erate with the port authority and to enter into an agreement or agree-
S. 4623 100
1 ments (and from time to time to enter into agreements amending or
2 supplementing the same) with the port authority for and in connection
3 with or relating to the acquisition, clearance, replanning, rehabili-
4 tation, reconstruction, or redevelopment of the Hudson tubes-world trade
5 center area or of any other area forming part of the port development
6 project for the purpose of renewal and improvement of said area as afor-
7 esaid and for any of the purposes of this part, upon such reasonable
8 terms and conditions as may be determined by such state, municipality,
9 agency or commission and the port authority. Such agreement may, without
10 limiting the generality of the foregoing, include consent to the use by
11 the port authority of any real property owned or to be acquired by said
12 state, municipality, agency or commission and consent to the use by such
13 state, municipality, agency or commission of any real property owned or
14 to be acquired by the port authority which in either case is necessary,
15 convenient or desirable in the opinion of the port authority for any of
16 the purposes of this part, including such real property, improved or
17 unimproved, as has already been devoted to or has been or is to be
18 acquired for urban renewal or other public use, and as an incident to
19 such consents such state, municipality, agency or commission may grant,
20 convey, lease or otherwise transfer any such real property to the port
21 authority and the port authority may grant, convey, lease or otherwise
22 transfer any such real property to such state, municipality, agency or
23 commission for such term and upon such conditions as may be agreed upon.
24 If real property of such state, municipality, agency or commission be
25 leased to the port authority for any of the purposes of this part, such
26 state, municipality, agency or commission may consent to the port
27 authority having the right to mortgage the fee of such property and thus
28 enable the port authority to give as security for its bond or bonds a
29 lien upon the land and improvements, but such state, municipality, agen-
30 cy or commission by consenting to the execution by the port authority of
31 a mortgage upon the leased property shall not thereby assume and such
32 consent shall not be construed as imposing upon such state, munici-
33 pality, agency or commission any liability upon the bond or bonds
34 secured by the mortgage.
35 Nothing contained in this subdivision shall impair or diminish the
36 powers vested in either state or in any municipality, agency or commis-
37 sion to acquire, clear, replan, reconstruct, rehabilitate or redevelop
38 substandard or insanitary or deteriorating areas and the powers herein
39 granted to the state, municipality, agency or commission shall be
40 construed to be in aid of and not in limitation or in derogation of any
41 such powers, heretofore or hereafter conferred upon or granted to the
42 state, municipality, agency or commission.
43 Nothing contained in this part shall be construed to authorize the
44 port authority to acquire property now or hereafter vested in or held by
45 any municipality without the authority or consent of such municipality,
46 provided that the state in which said municipality is located may by
47 statute enact that such property may be taken by the port authority by
48 condemnation or the exercise of the right of eminent domain without such
49 authority or consent; nor shall anything herein impair or invalidate in
50 any way any bonded indebtedness of the state or such municipality, nor
51 impair the provisions of law regulating the payment into sinking funds
52 of revenues derived from municipal property, or dedicating the revenues
53 derived from municipal property to a specific purpose.
54 The port authority is hereby authorized and empowered to acquire from
55 any such municipality, or from any other agency or commission having
56 jurisdiction in the premises, by agreement therewith, and such munici-
S. 4623 101
1 pality, agency or commission, notwithstanding any contrary provision of
2 law, is hereby authorized and empowered to grant and convey, upon
3 reasonable terms and conditions, any real property which may be neces-
4 sary, convenient or desirable for any of the purposes of this part,
5 including such real property as has already been devoted to a public
6 use.
7 Any consent by a municipality shall be given and the terms, conditions
8 and execution by a municipality of any agreement, deed, lease, convey-
9 ance or other instrument pursuant to this subdivision or any other
10 provision of this part shall be authorized in the manner provided in
11 article twenty-two of the compact of April thirty, nineteen hundred
12 twenty-one between the two states creating the port authority. Any
13 consent by either state shall be effective if given, and the terms and
14 conditions and execution of any agreement, deed, lease, conveyance or
15 other instruments pursuant to this subdivision or an other provision of
16 this part shall be effective if authorized, by the governor of such
17 state.
18 9. The states of New York and New Jersey hereby consent to suits,
19 actions or proceedings by any municipality against the port authority
20 upon, in connection with or arising out of any agreement, or any amend-
21 ment thereof, entered into for any of the purposes of this part, as
22 follows:
23 (a) for judgments, orders or decrees restraining or enjoining the port
24 authority from transferring title to real property to other persons in
25 cases where it has agreed with said municipality for transfer of such
26 title to the municipality; and
27 (b) for judgments, orders or decrees restraining or enjoining the port
28 authority from committing or continuing to commit other breaches of such
29 agreement or any amendment thereof; provided, that such judgment, order
30 or decree shall not be entered except upon two days' prior written
31 notice to the port authority of the proposed entry thereof; and
32 provided further that upon appeal taken by the port authority from such
33 judgment, order or decree the service of the notice of appeal shall
34 perfect the appeal and stay the execution of such judgment, order or
35 decree appealed from without an undertaking or other security.
36 Nothing herein contained shall be deemed to revoke, rescind or affect
37 any consent to suits, actions, or proceedings against the port authority
38 heretofore given by the two said states in chapter three hundred one of
39 the laws of New York of nineteen hundred fifty and continued by part
40 XXIV of this article, and chapter two hundred four of the laws of New
41 Jersey of nineteen hundred fifty-one.
42 10. The effectuation of the world trade center, the Hudson tubes and
43 the Hudson tubes extensions, or any of such facilities constituting a
44 portion of the port development project, are and will be in all respects
45 for the benefit of the people of the states of New York and New Jersey,
46 for the increase of their commerce and prosperity and for the improve-
47 ment of their health and living conditions; and the port authority and
48 any subsidiary corporation incorporated for any of the purposes of this
49 part shall be regarded as performing an essential governmental function
50 in undertaking the effectuation thereof, and in carrying out the
51 provisions of law relating thereto.
52 11. The port authority shall be required to pay no taxes or assess-
53 ments upon any of the property acquired or used by it for any of the
54 purposes of this part or upon any deed, mortgage or other instrument
55 affecting such property or upon the recording of any such instrument.
56 However, to the end that no municipality shall suffer undue loss of
S. 4623 102
1 taxes and assessments by reason of the acquisition and ownership of
2 property by the port authority for any of the purposes of this part, the
3 port authority is hereby authorized and empowered, in its discretion, to
4 enter into a voluntary agreement or agreements with any municipality
5 whereby the port authority will undertake to pay in lieu of taxes a fair
6 and reasonable sum or sums annually in connection with any real property
7 acquired and owned by the port authority for any of the purposes of this
8 part. Such sums in connection with any real property acquired and owned
9 by the port authority for any of the purposes of this part shall not be
10 more than the sum last paid as taxes upon such real property prior to
11 the time of its acquisition by the port authority; provided, however,
12 that in connection with any portion of the Hudson tubes-world trade
13 center area acquired and owned by the port authority for any of the
14 purposes of this part, after such property is improved pursuant to this
15 part with world trade center buildings, structures or improvements
16 greater in value than the buildings, structures or improvements on such
17 Hudson tubes-world trade center area at the time of its acquisition by
18 the port authority, then, with regard to such greater value, such sum or
19 sums may be increased by such additional sum or sums annually as may be
20 agreed upon between the port authority and the city of New York which
21 will not include any consideration of the exhibit areas of the world
22 trade center or of any areas which would be tax exempt in their own
23 right if title were in the governmental occupants or of other areas
24 accommodating services for the public or devoted to general public use.
25 Each such municipality is hereby authorized and empowered to enter into
26 such agreement or agreements with the port authority and to accept the
27 payment or payments which the port authority is hereby authorized and
28 empowered to make, and the sums so received by such municipality shall
29 be devoted to purposes to which taxes may be applied unless and until
30 otherwise directed by law of the state in which such municipality is
31 located.
32 12. All details of the effectuation, including but not limited to
33 details of financing, leasing, rentals, tolls, fares, fees and other
34 charges, rates, contracts and service, of the world trade center, the
35 Hudson tubes and the Hudson tubes extensions by the port authority shall
36 be within its sole discretion and its decision in connection with any
37 and all matters concerning the world trade center, the Hudson tubes and
38 the Hudson tubes extensions shall be controlling and conclusive. The
39 local laws, resolutions, ordinances, rules and regulations of the city
40 of New York shall apply to such world trade center if so provided in any
41 agreement between the port authority and the city and to the extent
42 provided in any such agreement.
43 So long as any facility constituting a portion of the port development
44 project shall be owned, controlled or operated by the port authority
45 (either directly or through a subsidiary corporation incorporated for
46 any of the purposes of this part), no agency, commission or municipality
47 of either or both of the two states shall have jurisdiction over such
48 facility nor shall any such agency, commission or municipality have any
49 jurisdiction over the terms or method of effectuation of all or any
50 portion thereof by the port authority (or such subsidiary corporation)
51 including but not limited to the transfer of all or any portion thereof
52 to or by the port authority (or such subsidiary corporation).
53 Nothing in this part shall be deemed to prevent the port authority
54 from establishing, acquiring, owning, leasing, constructing, effectuat-
55 ing, developing, maintaining, operating, rehabilitating or improving all
56 or any portion of the port development project through wholly owned
S. 4623 103
1 subsidiary corporations of the port authority or from transferring to or
2 from any such corporations any moneys, real property or other property
3 for any of the purposes of this part. If the port authority shall deter-
4 mine from time to time to form such a subsidiary corporation it shall do
5 so by executing and filing with the secretary of state of New York and
6 the secretary of state of New Jersey a certificate of incorporation,
7 which may be amended from time to time by similar filing, which shall
8 set forth the name of such subsidiary corporation, its duration, the
9 location of its principal office, and the purposes of the incorporation
10 which shall be one or more of the purposes of establishing, acquiring,
11 owning, leasing, constructing, effectuating, developing, maintaining,
12 operating, rehabilitating or improving all or any portion of the port
13 development project. The directors of such subsidiary corporation shall
14 be the same persons holding the offices of commissioners of the port
15 authority. Such subsidiary corporation shall have all the powers vested
16 in the port authority itself for the purposes of this part except that
17 it shall not have the power to contract indebtedness. Such subsidiary
18 corporation and any of its property, functions and activities shall have
19 all of the privileges, immunities, tax exemptions and other exemptions
20 of the port authority and of the port authority's property, functions
21 and activities. Such subsidiary corporation shall be subject to the
22 restrictions and limitations to which the port authority may be subject,
23 including, but not limited to the requirement that no action taken at
24 any meeting of the board of directors of such subsidiary corporation
25 shall have force or effect until the governors of the two states shall
26 have an opportunity, in the same manner and within the same time as now
27 or hereafter provided by law for approval or veto of actions taken at
28 any meeting of the port authority itself, to approve or veto such
29 action. Such subsidiary corporation shall be subject to suit in accord-
30 ance with subdivision nine of this section and chapter three hundred one
31 of the laws of New York of nineteen hundred fifty as continued by part
32 XXIV of this article, and chapter two hundred four of the laws of New
33 Jersey of nineteen hundred fifty-one as if such subsidiary corporation
34 were the port authority itself. Such subsidiary corporation shall not
35 be a participating employer under the New York retirement and social
36 security law or any similar law of either state and the employees of any
37 such subsidiary corporation, except those who are also employees of the
38 port authority, shall not be deemed employees of the port authority.
39 Whenever any state, municipality, commission, agency, officer, depart-
40 ment, board or division is authorized and empowered for any of the
41 purposes of this part to co-operate and enter into agreements with the
42 port authority or to grant any consent to the port authority or to
43 grant, convey, lease or otherwise transfer any property to the port
44 authority or to execute any document, such state, municipality, commis-
45 sion, agency, officer, department, board or division shall have the same
46 authorization and power for any of such purposes to co-operate and enter
47 into agreements with such subsidiary corporation and to grant consents
48 to such subsidiary corporation and to grant, convey, lease or otherwise
49 transfer property to such subsidiary corporation and to execute docu-
50 ments for such subsidiary corporation.
51 13. The bonds issued by the port authority to provide funds for any of
52 the purposes of this part are hereby made securities in which all state
53 and municipal officers and bodies of both states, all trust companies
54 and banks other than savings banks, all building and loan associations,
55 savings and loan associations, investment companies and other persons
56 carrying on a commercial banking business, all insurance companies,
S. 4623 104
1 insurance associations and other persons carrying on an insurance busi-
2 ness, and all administrators, executors, guardians, trustees and other
3 fiduciaries, and all other persons whatsoever (other than savings
4 banks), who are now or may hereafter be authorized by either state to
5 invest in bonds of such state, may properly and legally invest any
6 funds, including capital, belonging to them or within their control, and
7 said bonds are hereby made securities which may properly and legally be
8 deposited with and shall be received by any state or municipal officer
9 or agency of either state for any purpose for which the deposit of bonds
10 of such state is now or may hereafter be authorized. The bonds issued by
11 the port authority to provide funds for any of the purposes of this part
12 as security for which the general reserve fund shall have been pledged
13 in whole or in part are hereby made securities in which all savings
14 banks also may properly and legally invest any funds, including capital,
15 belonging to them or within their control.
16 14. If the port authority shall find it necessary, convenient or
17 desirable to acquire (either directly or through a subsidiary corpo-
18 ration) from time to time any real property or any property other than
19 real property (including but not limited to contract rights and other
20 intangible personal property and railroad cars or other rolling stock,
21 maintenance and repair equipment and parts, fuel and other tangible
22 personal property), for any of the purposes of this part, whether for
23 immediate or future use (including temporary construction, rehabili-
24 tation or improvement), the port authority may find and determine that
25 such property, whether a fee simple absolute or a lesser interest, is
26 required for a public use, and upon such determination the said property
27 shall be and shall be deemed to be required for such public use until
28 otherwise determined by the port authority, and such determination shall
29 not be affected by the fact that such property has theretofore been
30 taken for and is then devoted to a public use; but the public use in the
31 hands of or under the control of the port authority shall be deemed
32 superior to the public use in the hands of any other person, association
33 or corporation.
34 The port authority may acquire and is hereby authorized so to acquire
35 from time to time, for any of the purposes of this part, such property,
36 whether a fee simple absolute or a lesser estate, (including the exer-
37 cise of the right of eminent domain) under and pursuant to the
38 provisions of the eminent domain procedure law of the state of New York
39 in the case of property located in or having its situs in such state,
40 and revised statutes of New Jersey, title twenty: one-one et seq., in
41 the case of property located in or having its situs in such state, or,
42 at the option of the port authority, as provided in section fifteen of
43 chapter forty-three of the laws of New Jersey of nineteen hundred
44 forty-seven, as amended, in the case of property located in or having
45 its situs in such state, or pursuant to such other and alternate proce-
46 dure as may be provided by law of the state in which such property is
47 located or has its situs; and all of said statutes for the acquisition
48 of real property shall, for any of the purposes of this part, be applied
49 also to the acquisition of other property authorized by this subdivi-
50 sion, except that such provisions as pertain to surveys, diagrams, maps,
51 plans or profiles, assessed valuation, lis pendens, service of notice
52 and papers, filing in the office of the clerk in which the real property
53 affected is situated and such other provisions as by their nature cannot
54 be applicable to property other than real property, shall not be appli-
55 cable to the acquisition of such other property. In the event that any
56 property other than real property is acquired by acquisition then, with
S. 4623 105
1 respect to such other property, notice of such proceeding and all subse-
2 quent notices or court processes shall be served upon the owners of such
3 other property and upon the port authority by personal service or by
4 registered or certified mail, except as may be otherwise directed by the
5 court.
6 Anything herein to the contrary notwithstanding, any property to be
7 acquired for any of the purposes of this part, which property shall not
8 have been used by its owner or owners or any of his or their predeces-
9 sors in connection with and shall not have been acquired by its owner or
10 owners or any of his or their predecessors for use in connection with
11 the effectuation by a railroad company or companies of the Hudson tubes
12 or the Hudson tubes extensions prior to port authority acquisition,
13 shall, if such property is personal property, be acquired only by agree-
14 ment with the owner or owners and shall, if such property is not
15 personal property, be acquired in an action or proceeding in the state
16 in which such property is located or has its situs. Except as so
17 provided, the port authority is hereby authorized and empowered, in its
18 discretion, from time to time to combine any property which is to be
19 acquired as aforesaid for any of the purposes of this part for acquisi-
20 tion in a single action or proceeding notwithstanding that part of the
21 the property so to be acquired is located or has its situs in New Jersey
22 and part in New York or is personal property or mixed real and personal
23 property or may be owned by more than one owner; and, except as herein-
24 after provided, each such single action or proceeding to acquire proper-
25 ty located or having it situs part in New Jersey and part in New York
26 shall be pursuant to the laws of whichever of the two said states the
27 port authority shall estimate contains the greater part in value of all
28 the property to be acquired in such action or proceeding (hereinafter
29 sometimes called the forum state) and in the court or courts specified
30 in the laws of the forum state for the acquisition by the port authority
31 of property located or having its situs in the forum state pursuant to
32 this part, in which event, notwithstanding the location or situs of said
33 property, each of said two states hereby confers upon it said court or
34 courts jurisdiction of such action or proceeding and the port authority
35 and any subsidiary corporation so acquiring such property and the owners
36 of such property shall be bound by the judgments, orders or decrees
37 therein. In any such action or proceeding the court or courts of the
38 forum state shall apply the laws of valuation of the other state (here-
39 inafter sometimes called the nonforum state) to the valuation of the
40 property which is located or has it situs in the nonforum state and
41 shall include in the total compensation to be made to any owner of prop-
42 erty in both states being acquired in such action or proceeding the
43 increment, if any, in the value of such property in both states, by
44 reason of its being in a single ownership. If a judgment, order or
45 decree in such an action or proceeding shall best title in or otherwise
46 award to the authority the right to possession of property located or
47 having its situs in the nonforum state, then the court or courts of the
48 nonforum state shall grant full faith and credit to such judgment, order
49 or decree and upon petition by the authority to the court or courts of
50 the non forum state specified in the laws thereof for the acquisition by
51 the port authority of property located or having its situs in the nonfo-
52 rum state pursuant to this act, presenting a true copy of such judgment,
53 order or decree and proof that it is in effect, that any conditions
54 thereof have been met, that at least five days' notice of such petition
55 has been served by registered or certified mail upon all owners of the
56 property affected who appeared in the original action or proceeding in
S. 4623 106
1 the forum state or who may be owners of record, and without further
2 proof, a judgment, order or decree of such court or courts of the nonfo-
3 rum state shall be entered granting the authority possession of the
4 property located or having its situs in the nonforum state and confirm-
5 ing any title which shall have vested in the authority or its subsidiary
6 by the judgment, order or decree of the court or courts of the forum
7 state.
8 The owner of any property acquired for any of the purposes of this
9 part shall not be awarded for such property any increment above the just
10 compensation required by the constitutions of the United States and of
11 the state or states in which the property is located or has its situs by
12 reason of any circumstances whatsoever.
13 Nothing herein contained shall be construed to prevent the port
14 authority from bringing any proceedings to remove a cloud on title or
15 such other proceedings as it may, in its discretion, deem proper and
16 necessary, or from acquiring any such property by negotiation or
17 purchase.
18 Where a person entitled to an award in the proceedings to acquire any
19 property for any of the purposes of this part remains in possession of
20 such property after the time of the vesting of title in the authority or
21 its subsidiary, the reasonable value of his use and occupancy of such
22 property subsequent to such time, as fixed by agreement or by the court
23 in such proceedings or by any court of competent jurisdiction, shall be
24 a lien against such award, subject only to liens of record at the time
25 of the vesting of title in the authority or its subsidiary.
26 15. The port authority and its duly authorized agents, and all persons
27 acting under its authority and by its direction, may enter in the
28 daytime into and upon any real property for the purpose of making such
29 surveys, diagrams, maps, plans, soundings or borings as the port author-
30 ity may deem necessary, convenient or desirable for any of the purposes
31 of this act.
32 16. Any declarations contained herein with respect to the governmental
33 nature and public purpose of the world trade center, Hudson tubes and
34 Hudson tubes extensions and to the exemption of the world trade center,
35 Hudson tubes and Hudson tubes extensions property and instruments relat-
36 ing thereto from taxation and to the discretion of the port authority
37 with respect to said facilities shall not be construed to imply that
38 other port authority facilities, property and operations are not of a
39 governmental nature or do not serve public purposes, or that they are
40 subject to taxation, or that the determinations of the port authority
41 with respect thereto are not conclusive. The powers hereby vested in
42 the port authority and in any subsidiary corporation incorporated for
43 any of the purposes of this part (including but not limited to the power
44 to acquire real property by condemnation) shall be continuing powers and
45 no exercise thereof by the port authority or a subsidiary corporation
46 incorporated for any of the purposes of this part shall be deemed to
47 exhaust them or any of them.
48 17. This subdivision and the preceding subdivisions hereof constitute
49 an agreement between the states of New York and New Jersey supplementary
50 to the compact between the two states dated April thirty, nineteen
51 hundred twenty-one and amendatory thereof, and shall be liberally
52 construed to effectuate the purposes of said compact and of the compre-
53 hensive plan heretofore adopted by the two states, and the powers grant-
54 ed to the port authority shall be construed to be in aid of and not in
55 limitation or in derogation of any other powers heretofore conferred
56 upon or granted to the port authority.
S. 4623 107
1 18. If any subdivision, section, phrase, or provision of this part or
2 the application thereof to any person or circumstances be adjudged
3 invalid by any court of competent jurisdiction, so long as the part or
4 remainder of the part shall nonetheless permit the effectuation, as a
5 unified project, of the Hudson tubes, Hudson tubes extensions and the
6 world trade center, such judgment shall be confined in its operation to
7 the subdivision, part, phrase, provision or application directly
8 involved in the controversy in which such judgment shall have been
9 rendered and shall not affect or impair the validity of the remainder of
10 this part or the application thereof to other persons or circumstances
11 and the two states hereby declare that they would have entered into this
12 part or the remainder thereof had the invalidity of such provision or
13 application thereof been apparent.
14 PART XXIV
15 SUITS AGAINST THE PORT AUTHORITY
16 Section 2401. Suits against the port authority.
17 2402. Agreement between the states.
18 § 2401. Suits against the port authority. 1. Upon the concurrence of
19 the state of New Jersey in accordance with chapter three hundred one of
20 the laws of nineteen hundred fifty, the states of New York and New
21 Jersey consent to suits, actions or proceedings of any form or nature at
22 law, in equity or otherwise (including proceedings to enforce arbi-
23 tration agreements) against the port authority, and to appeals therefrom
24 and reviews thereof, except as hereinafter provided in subdivisions two
25 through five of this section.
26 2. The foregoing consent does not extend to suits, actions or
27 proceedings upon any causes of action whatsoever accruing before the
28 effective date of this part, other than causes of actions upon, in
29 connection with, or arising out of notes, bonds or other obligations or
30 securities secured by a pledge of the general reserve fund of the port
31 authority.
32 3. The foregoing consent does not extend to suits, actions or
33 proceedings upon any causes of action whatsoever, upon, in connection
34 with, or arising out of any contract, express or implied, entered into
35 or assumed by or assigned to the port authority before the effective
36 date of this part (including any supplement to, or amendment, extension
37 or renewal of any such contract, even if such supplement, amendment,
38 extension or renewal is made on or after the effective date of this
39 part), regardless of whether such cause of action accrued before or
40 after that date, other than causes of action upon, in connection with or
41 arising out of notes, bonds or other obligations or securities secured
42 by a pledge of the general reserve fund of the port authority.
43 4. The foregoing consent does not extend to civil suits, actions or
44 proceedings for the recovery of statutory penalties.
45 5. The foregoing consent does not extend to suits, actions or
46 proceedings for judgments, orders or decrees restraining, enjoining or
47 preventing the port authority from committing or continuing to commit
48 any act or acts, other than suits, actions or proceedings by the attor-
49 ney general of New York or by the attorney general of New Jersey--each
50 of whom is hereby authorized to bring such suits, actions or proceedings
51 in his discretion on behalf of any person or persons whatsoever who
52 requests him so to do except in the cases excluded by subdivisions two,
53 three and four of this section; provided, that in any such suit, action
54 or proceeding, no judgment, order or decree shall be entered except upon
S. 4623 108
1 at least two days' prior written notice to the port authority of the
2 proposed entry thereof.
3 6. The foregoing consent is granted upon the condition that venue in
4 any suit, action or proceeding against the port authority shall be laid
5 within a county or a judicial district, established by one of said
6 states or by the United States, and situated wholly or partially within
7 the port of New York district. The port authority shall be deemed to be
8 a resident of each such county or judicial district for the purpose of
9 such suits, actions or proceedings. Although the port authority is
10 engaged in the performance of governmental functions, the said two
11 states consent to liability on the part of the port authority in such
12 suits, actions or proceedings for tortious acts committed by it and its
13 agents to the same extent as though it were a private corporation.
14 7. The foregoing consent is granted upon the condition that any suit,
15 action or proceeding prosecuted or maintained under this part shall be
16 commenced within one year after the cause of action therefor shall have
17 accrued, and upon the further condition that in the case of any suit,
18 action or proceeding for the recovery or payment of money, prosecuted or
19 maintained under this part, a notice of claim shall have been served
20 upon the port authority by or on behalf of the plaintiff or plaintiffs
21 at least sixty days before such suit, action or proceeding is commenced.
22 The provisions of this section shall not apply to claims arising out of
23 provisions of any workmen's compensation law of either state.
24 8. The notice of claim required by subdivision seven of this section
25 shall be in writing, sworn to by or on behalf of the claimant or claim-
26 ants, and shall set forth (1) the name and post office address of each
27 claimant and of his attorney, if any, (2) the nature of the claim, (3)
28 the time when, the place where and the manner in which the claim arose,
29 and (4) the items of damage or injuries claimed to have been sustained
30 so far as then practicable. Such notice may be served in the manner in
31 which process may be served, or in lieu thereof, may be sent by regis-
32 tered mail to the port authority at its principal office. Where the
33 claimant is a person under the age of eighteen years or is mentally or
34 physically incapacitated and by reason of such disability no notice of
35 claim is filed or suit, action or proceeding commenced within the time
36 specified in subdivision seven of this section, or where a person enti-
37 tled to make a claim dies and by reason of his death no notice of claim
38 is filed or suit, action or proceeding commenced within the time speci-
39 fied in subdivision seven of this section then any court in which such
40 suit, action or proceeding may be brought may in its discretion grant
41 leave to serve the notice of claim and to commence the suit, action or
42 proceeding within a reasonable time but in any event within three years
43 after the cause of action accrued. Application for such leave must be
44 made upon an affidavit showing the particular facts which caused the
45 delay and shall be accompanied by a copy of the proposed notice of claim
46 if such notice has not been served, and such application shall be made
47 only upon notice to the port authority.
48 9. The commissioners, officers or employees of the port authority
49 shall not be subject to suits, actions or proceedings for judgments,
50 orders or decrees restraining, preventing or enjoining them in their
51 official or personal capacities from committing or continuing to commit
52 any act or acts on behalf of the port authority other than suits,
53 actions and proceedings brought by the attorney general of New York or
54 by the attorney general of New Jersey or by the port authority itself--
55 each of said attorneys general being hereby authorized to bring such
56 suits, actions or proceedings in his discretion on behalf of any person
S. 4623 109
1 or persons whatsoever who requests him so to do except in the cases
2 excluded by subdivisions two, three and four of this section; provided,
3 that in any such suit, action or proceeding brought by either attorney
4 general, no judgment, order or decree shall be entered except upon at
5 least two days' notice to the defendant of the proposed entry thereof.
6 10. Nothing herein contained shall be deemed to revoke, rescind or
7 affect any consents to suits, actions or proceedings against the port
8 authority heretofore given by the two said states in chapter eight
9 hundred two of the laws of New York of nineteen hundred forty-seven, as
10 amended and continued by part XII of this article, and chapter forty-
11 three of the laws of New Jersey of nineteen hundred forty-seven, as
12 amended; chapter six hundred thirty-one of the laws of New York of nine-
13 teen hundred forty-seven, as amended and continued by part XI of this
14 article; chapter forty-four of the laws of New Jersey of nineteen
15 hundred forty-seven, as amended, and chapter five hundred thirty-four of
16 the laws of New York of nineteen hundred forty-eight and continued by
17 part XI of this article and chapter ninety-seven of the laws of New
18 Jersey of nineteen hundred forty-eight.
19 § 2402. Agreement between the states. This part together with the act
20 of the state of New Jersey concurring herein, shall constitute an agree-
21 ment between the states of New York and New Jersey supplementary to and
22 amendatory of the compact between the two said states dated April thir-
23 tieth, nineteen hundred twenty-one.
24 PART XXV
25 RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES
26 Section 2501. Rules and regulations governing operation of Hudson tubes.
27 § 2501. Rules and regulations governing operation of Hudson tubes. 1.
28 The port authority having duly adopted the following rules and regu-
29 lations, hereinafter set forth in this subdivision in relation to
30 conduct within the territorial limits of the state of New York and at,
31 on or in the Hudson tubes and Hudson tubes extensions operated by its
32 wholly-owned subsidiary the port authority trans-Hudson corporation
33 (hereinafter called "PATH"), the penalties and procedures for their
34 enforcement prescribed in subdivision two shall apply to violations
35 thereof.
36 RULES AND REGULATIONS
37 (a) No person shall smoke, carry or possess a lighted cigarette,
38 cigar, pipe, match or any lighted instrument causing naked flame in or
39 about any area, building or appurtenance or in any cars or other rolling
40 stock of the Hudson tubes or Hudson tubes extensions where smoking has
41 been prohibited by PATH and where appropriate signs to that effect have
42 been posted.
43 (b) No person, unless duly authorized by PATH, shall in or upon any
44 area, building, appurtenance, car or other rolling stock of the Hudson
45 tubes or Hudson tubes extensions sell or offer for sale any article of
46 merchandise or solicit any business or trade, including the carrying of
47 bags for hire, the shining of shoes or bootblacking, or shall entertain
48 any persons by singing, dancing or playing any musical instrument or
49 solicit alms. No person, unless duly authorized by PATH, shall post,
50 distribute or display commercial signs, circulars or other printed or
51 written matter in or upon the Hudson tubes or Hudson tubes extensions.
S. 4623 110
1 (c) No person, who is unable to give satisfactory explanation of his
2 presence, shall loiter about any car, or other rolling stock, area,
3 building or appurtenance of the Hudson tubes or Hudson tubes extensions,
4 or sleep therein or thereon.
5 (d) No person not authorized by PATH shall be permitted in or upon any
6 car or other rolling stock or station or platform or parking facility
7 within the Hudson tubes or Hudson tubes extensions, except upon payment
8 in full of such fares, fees and other charges as may from time to time
9 be prescribed by PATH. No person shall refuse to pay or evade or
10 attempt to evade the payment in full of such fares, fees and other
11 charges.
12 (e) No person shall spit upon, litter or create a nuisance or other
13 insanitary condition in or on any car or other rolling stock, area,
14 building or appurtenance of the Hudson tubes or Hudson tubes extensions.
15 (f) No person shall enter any car or other rolling stock, area, build-
16 ing or appurtenance of the Hudson tubes or Hudson tubes extensions with
17 any animal, except an animal properly confined in an appropriate
18 container or a guide dog properly harnessed and muzzled, accompanying a
19 blind person carrying a certificate of identification issued by a guide
20 dog school.
21 (g) No person shall get on any car or other rolling stock of the
22 Hudson tubes or Hudson tubes extensions while it is in motion for the
23 purpose of obtaining transportation thereon as a passenger nor shall any
24 person wilfully obstruct, hinder or delay the passage of any such car or
25 rolling stock. No person not authorized by PATH shall walk upon or
26 along any right-of-way or related trackage of the Hudson tubes or Hudson
27 tubes extensions.
28 2. Any violation of the provisions of paragraph (a) of subdivision one
29 of this section, shall be an offense and shall be punishable for a first
30 conviction thereof by a fine of not more than fifty dollars or imprison-
31 ment for not more than thirty days or both; for a second such
32 conviction by a fine of not less than twenty-five dollars nor more than
33 one hundred dollars or imprisonment for not more than sixty days or
34 both; for a third or any other subsequent such conviction, by a fine of
35 not less than fifty dollars nor more than two hundred dollars or by
36 imprisonment for not more than sixty days or both. Any person who is
37 guilty of violating any other provision of subdivision one of this
38 section shall be guilty of an offense and shall be punishable by a fine
39 not exceeding ten dollars or by imprisonment not exceeding thirty days
40 or by both such fine and imprisonment for each conviction thereof.
41 PART XXVI
42 MASS TRANSPORTATION FACILITIES TO AIR TERMINALS
43 Section 2601. Mass transportation facilities to air terminals.
44 § 2601. Mass transportation facilities to air terminals. 1. The
45 states of New York and New Jersey hereby find and determine that:
46 (a) Each air terminal within the port of New York district serves the
47 entire district, and the problem of furnishing proper and adequate air
48 terminal facilities within the district is a regional and interstate
49 problem;
50 (b) Access by land travel to the great airports serving the port of
51 New York district, particularly John F. Kennedy and Newark international
52 airports, is becoming increasingly difficult, and such access is neces-
53 sary for the continued development of such airports which development is
S. 4623 111
1 vital and essential to the preservation of the economic well-being of
2 the northern New Jersey-New York metropolitan area;
3 (c) Additional highway construction to serve these great airports is
4 not feasible and creates severe problems in terms of increased air
5 pollution and the preemption of land which might otherwise be devoted to
6 park purposes and other desirable uses;
7 (d) Access to these airports by railroads or other forms of mass
8 transportation must be undertaken if they are to maintain their preemi-
9 nence and continue to serve the economic well-being of the northern New
10 Jersey-New York metropolitan area;
11 (e) Such mass transportation facilities may properly be regarded as
12 constituting a part of each air terminal, the development of which
13 should be the responsibility of those charged with the duties of air
14 terminal development;
15 (f) It is the purpose of this part to authorize and direct the port
16 authority of New York and New Jersey to undertake one or more mass
17 transportation access projects specifically with respect to John F.
18 Kennedy and Newark international airports in order to preserve and
19 develop the economic well-being of the northern New Jersey-New York
20 metropolitan area, and such undertakings are found and determined to be
21 in the public interest.
22 2. In furtherance of the aforesaid findings and determinations and in
23 partial effectuation of the comprehensive plan heretofore adopted by the
24 two states for the development of terminal and transportation facilities
25 in the port of New York district, the port authority of New York and New
26 Jersey is hereby specifically authorized to undertake pursuant to chap-
27 ter forty-three of the laws of New Jersey of nineteen hundred forty-sev-
28 en, as amended, and chapter eight hundred two of the laws of New York of
29 nineteen hundred forty-seven, as amended and continued by part XII of
30 this article, the following separate air terminal facilities:
31 (a) To provide access to Newark international airport. A railroad
32 line connecting Newark international airport, including (i) appropriate
33 mass transportation terminal facilities at and within the said airport;
34 (ii) construction, reconstruction and improvement of suitable offsite
35 facilities for the accommodation of air passengers, baggage, mail,
36 express, freight and other users of the connecting facility; and (iii)
37 such additional rail or other mass transportation, terminal, station,
38 parking, storage and service facilities as operations may require.
39 (b) To provide access to John F. Kennedy international airport. A
40 railroad line connecting John F. Kennedy international airport to the
41 main line of the Long Island railroad in the county of Queens, including
42 (i) a spur or branch to the Montauk line of the said railroad in the
43 said county; (ii) appropriate mass transportation terminal facilities
44 at and within the said airport; (iii) suitable offsite facilities for
45 the accommodation of air passengers, baggage, mail, express, freight and
46 other users of the connecting facility; and (iv) such additional rail or
47 other mass transportation, terminal, station, parking, storage and
48 service facilities, including improvements to the railroad approaches to
49 Pennsylvania Station and Jamaica Terminal in the city of New York, as
50 operations may require.
51 3. The port authority of New York and New Jersey is hereby authorized
52 and empowered to acquire real property located within the port district
53 by condemnation or the right of eminent domain pursuant to and in
54 accordance with any of the procedures authorized by chapter forty-three
55 of the laws of New Jersey of nineteen hundred forty-seven, as amended,
56 in the case of property having its situs in the state of New Jersey, and
S. 4623 112
1 by chapter eight hundred two of the laws of New York of nineteen hundred
2 forty-seven, as amended and continued by part XII of this article, in
3 the case of property having its situs in the state of New York, for and
4 in connection with the undertaking of the air terminal access facilities
5 set forth in subdivision three of this section. Such authorization and
6 power to acquire real property by condemnation or the right of eminent
7 domain may not be exercised in connection with the undertaking of access
8 facilities, other than the access facilities set forth in subdivision
9 three of this section, unless authorized by the laws of the state in
10 which such facilities are to be located.
11 4. The port authority of New York and New Jersey is hereby authorized
12 and empowered in its discretion to enter into an agreement or agreements
13 upon such terms and conditions as it may deem in the public interest,
14 with the United States, the state of New Jersey, the state of New York,
15 or any agency, department, commission, public authority, board or divi-
16 sion of any of the foregoing, or any municipality or other public corpo-
17 ration in the state of New Jersey or in the state of New York, or any
18 person, firm, association, company or corporation, or any two or more of
19 the foregoing, to effectuate any one or more of the purposes of this
20 part; and the state of New Jersey, the state of New York, or any agency,
21 department, commission, public authority, board or division of either of
22 the foregoing, or any municipality or other public corporation in the
23 state of New Jersey or the state of New York, or any two or more of the
24 foregoing, are hereby authorized and empowered to enter into an agree-
25 ment or agreements with the port authority to effectuate any one or more
26 of the purposes of this part.
27 5. If any section, phrase, or provision of this part, as hereby
28 amended and supplemented or the application thereof to any person,
29 project or circumstances, be adjudged invalid by any court of competent
30 jurisdiction, such judgment shall be confined in its operation to the
31 section, part, phrase, provision or application directly involved in the
32 controversy in which such judgment shall have been rendered and shall
33 not affect or impair the validity of the remainder of this part or the
34 application thereof to other persons, projects or circumstances and the
35 two states hereby declare that they would have entered into this part or
36 the remainder thereof had the invalidity of such provision or applica-
37 tion thereof been apparent.
38 PART XXVII
39 INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES
40 Section 2701. Findings and determinations.
41 2702. Definitions.
42 2703. Industrial development projects and facilities.
43 § 2701. Findings and determinations. 1. The states of New York and
44 New Jersey hereby find and determine:
45 a. that to prevent further deterioration of the economy of the port
46 district and thereby to promote, preserve and protect trade and commerce
47 in and through the port of New York district as defined in the compact
48 between the two states dated April thirtieth, nineteen hundred twenty-
49 one (hereinafter called the port district), it is the policy of each of
50 the two states actively to promote, attract, encourage and develop
51 economically sound commerce and industry through governmental action;
52 b. that in order to preserve and protect the position of the port of
53 New York as the nation's leading gateway for world commerce, it is
54 incumbent on the states of New York and New Jersey to make every effort
S. 4623 113
1 to insure that the port receives its rightful share of interstate and
2 international commerce generated by the manufacturing, industrial, trade
3 and commercial segments of the economy of the nation and of the port
4 district;
5 c. that since nineteen hundred fifty the number of available jobs in
6 the port district, particularly within the older central cities thereof,
7 has decreased, thereby resulting in the underutilization of available
8 land and other resources, the erosion of the port district's tax bases
9 and a rate of unemployment substantially in excess of the national aver-
10 age;
11 d. that in order to preserve the port district from further economic
12 deterioration, adequate industrial development projects and facilities
13 must be provided, preserved and maintained to attract and retain indus-
14 try within the port district;
15 e. that a number of new industrial development projects and facilities
16 should be organized into industrial parks or districts;
17 f. that the construction of such industrial parks or districts shall
18 conform to the policies of the two states with respect to affirmative
19 action and equal employment opportunities;
20 g. that providing port district industrial development projects and
21 facilities is in the public interest and involves the exercise of public
22 and essential governmental functions which may include appropriate and
23 reasonable limitations on competition and which must be performed by the
24 two states, or any municipality, public authority, agency or commission
25 of either state and by a joint agency of the two states to accomplish
26 the purposes of this part;
27 h. that it is an objective of the two states, acting through the port
28 authority, to facilitate reemployment of residents of the older cities
29 through job training programs and employment opportunity priorities in
30 connection with industrial development parks in their respective cities;
31 i. that the acquisition and the use by such joint agency of abandoned,
32 undeveloped or underutilized land or land owned by governmental entities
33 within the port district for the generation of jobs and to reduce the
34 hazards of unemployment would promote, preserve and protect the indus-
35 try, trade and commerce of the port district, and will materially assist
36 in preserving for the two states and the people thereof the material and
37 other benefits of a prosperous port community;
38 j. that the collection, disposal and utilization of refuse, solid
39 waste or waste resulting from other treatment processes is an activity
40 of concern to all citizens within the port district, that the health,
41 safety and general welfare of the citizens within the port district
42 require efficient and reasonable collection and disposal services and
43 efficient utilization of such refuse, solid waste or waste resulting
44 from other treatment processes with adequate consideration given to
45 regional planning and coordination, and, therefore, that the
46 construction and operation of any port district industrial development
47 project and facility should conform to the environmental and solid waste
48 disposal standards and state and county plans therefor in the state in
49 which such project or facility is located;
50 k. that the dedication by the municipalities of the port district of
51 refuse, solid waste or waste resulting from other treatment processes to
52 resource recovery to permit the generation of lower priced energy and
53 the recovery of useful materials, together with the commitment by such
54 municipalities to pay fees to permit the delivery and removal after
55 processing of such refuse or solid waste at rates and for periods of
56 time at least sufficient to assure the continued furnishing of such
S. 4623 114
1 lower priced energy and material is in the public interest and would be
2 a major incentive for the attraction and retention of industry within
3 the port district;
4 l. that the port authority of New York and New Jersey (hereinafter
5 called the port authority), which was created by agreement of the two
6 states as a joint agent for the development of terminal, transportation
7 and other facilities of commerce of the port district and for the
8 promotion and protection of the commerce of the port, is a proper agency
9 to act in their behalf (either directly or by any subsidiary corpo-
10 ration) to finance and effectuate such industrial development projects
11 and facilities;
12 m. that it is desirable for the port authority, after consultation
13 with the governing body of each municipality and within the city of New
14 York the appropriate community board or boards and elsewhere another
15 government entity or entities designated by such municipality in which
16 industrial development projects or facilities are proposed to be located
17 and with other persons, including but not limited to private real estate
18 developers, to prepare and adopt a master plan providing for the devel-
19 opment of such industrial development projects and facilities in the
20 port district, which plan shall give consideration to the extent of
21 unemployment and the general economic conditions of the respective
22 portions of the port district and shall include among other things the
23 locations and the nature and scope of such projects and facilities as
24 may be included in the plan;
25 n. that the undertaking of such industrial development projects and
26 facilities by the port authority has the single object of and is part of
27 a unified plan to aid in preserving the economic well-being of the port
28 district and is found and determined to be in the public interest;
29 o. that no such port district industrial development projects and
30 facilities are to be constructed if the sole intent of the construction
31 thereof would be the removal of an industrial or manufacturing plant of
32 an occupant of such projects and facilities from one location to another
33 location or in the abandonment of one or more plants or facilities of
34 such occupant, unless such port district industrial development projects
35 and facilities are reasonably necessary to discourage such occupant from
36 removing such plant or facility to a location outside the port district
37 or are reasonably necessary to preserve the competitive position of such
38 project occupant in its industry;
39 p. that no such port district industrial development projects or
40 facilities are to be constructed unless and until the port authority has
41 entered into an agreement or agreements with the municipality in which
42 any such project or facility is to be located with respect to payments
43 in lieu of real estate taxes and the location, nature and scope of any
44 project or facility;
45 q. that, subject to entering into said agreement or agreements, the
46 port authority should have the ability to acquire, lease, vacate, clear
47 and otherwise develop abandoned, undeveloped or underutilized property
48 or property owned by governmental entities within the port district and
49 to finance and construct industrial development projects and facilities.
50 § 2702. Definitions. The following terms as used in this part shall
51 have the following meanings:
52 a. "Bonds" shall mean bonds, notes, securities or other obligations or
53 evidences of indebtedness;
54 b. "Effectuation" of any project or facility or part of any such
55 project or facility shall include but not be limited to its establish-
56 ment, acquisition, construction, development, maintenance, operation,
S. 4623 115
1 improvement (by way of betterments, additions or otherwise) and rehabil-
2 itation by the port authority or any other person and the provision of
3 funds therefor through the issuance of obligations, the making or grant-
4 ing of loans or otherwise;
5 c. "General reserve fund statutes" shall mean chapter forty-eight of
6 the laws of New York of nineteen hundred thirty-one as amended and
7 continued by part XXIX of this article, and chapter five of the laws of
8 New Jersey of nineteen hundred thirty-one as amended, and "general
9 reserve fund" shall mean the general reserve fund of the port authority
10 authorized by said statutes;
11 d. "Governing body" shall mean the board or body vested with the
12 general legislative powers of the municipality in which an industrial
13 development project or facility will be financed or effectuated pursuant
14 to this part;
15 e. "Industrial development project or facility" or "port district
16 industrial development project or facility" shall mean any equipment,
17 improvement, structure or facility or any land, and any building, struc-
18 ture, facility or other improvement thereon, or any combination thereof,
19 and all real and personal property, located within the New York portion
20 of the port district or within a municipality in the New Jersey portion
21 of the port district which qualified for state aid under the provisions
22 of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or
23 which may hereafter qualify for such aid, including, but not limited to,
24 machinery, equipment and other facilities deemed necessary or desirable
25 in connection therewith, or incidental thereto, whether or not now in
26 existence or under construction, which shall be considered suitable by
27 the port authority for manufacturing, research, non-retail commercial or
28 industrial purposes within an industrial park, or for purposes of ware-
29 housing or consumer and supporting services directly related to any of
30 the foregoing or to any other port authority project or facility; and
31 which may also include or be an industrial pollution control facility or
32 a resource recovery facility, provided that no such industrial develop-
33 ment project or facility may include or be a facility used for the stor-
34 age of chemicals, fuel or liquified natural gas unless incidental to the
35 effectuation of such industrial development project or facility;
36 f. "Industrial pollution control facility" shall mean any equipment,
37 improvement, structure or facility or any land, and any building, struc-
38 ture, facility or other improvement thereon, or any combination thereof,
39 and all real and personal property, located within the port district,
40 including, but not limited to, machinery, equipment and other facilities
41 deemed necessary or desirable in the opinion of the port authority in
42 connection therewith, or incidental thereto, whether or not now in
43 existence or under construction, having to do with or the end purpose of
44 which is the control, abatement or prevention of land, sewer, water,
45 air, noise or general environmental pollution deriving from the opera-
46 tion of industrial, manufacturing, warehousing, commercial and research
47 facilities, including, but not limited to any air pollution control
48 facility, noise abatement facility, water management facility, waste
49 water collecting system, waste water treatment works, sewage treatment
50 works system, sewage treatment system or solid waste disposal facility
51 or site, provided that no such industrial pollution control facility may
52 include or be used as a site for organic landfill or be of a character
53 or nature generally furnished or supplied by any other governmental
54 entity where such industrial pollution control facility is located with-
55 out the consent of such governmental entity;
S. 4623 116
1 g. "Municipality" means a city, county, town or village all or any
2 part of which is located within the New York portion of the port
3 district, or a city, county, town, borough or township all or any part
4 of which is located within the New Jersey portion of the port district;
5 h. "Person" means any person, including individuals, firms, partner-
6 ships, associations, societies, trusts, public utilities, public or
7 private corporations, or other legal entities, including public or
8 governmental bodies, which may include the port authority, as well as
9 natural persons. "Person" shall include the plural as well as the
10 singular;
11 i. "Port authority" shall include the port authority and any subsid-
12 iary corporation now or hereafter incorporated for any of the purposes
13 of this part; provided, however, as used in subdivisions four and five
14 of section twenty-seven hundred three of this part it shall not include
15 any such subsidiary corporation;
16 j. "Purposes of this part" shall mean the effectuation of industrial
17 development projects and facilities and of each project or facility
18 constituting a portion thereof and of each part of each project or
19 facility, and purposes incidental thereto;
20 k. "Real property" shall mean lands, structures, franchises and inter-
21 ests in land, including air space and air rights, waters, lands under
22 water, wetlands and riparian rights, and any and all things and rights
23 included within the said term, and includes not only fees simple abso-
24 lute but also any and all lesser interests, including but not limited to
25 easements, rights-of-way, uses, leases, licenses and all other incorpo-
26 real hereditaments and every estate, interest or right, legal or equita-
27 ble, including terms for years and liens thereon by way of judgments,
28 mortgages or otherwise;
29 l. "Resource recovery facility" shall mean any equipment, improvement,
30 structure or facility or any land, and any building, structure, facility
31 or other improvement thereon, or any combination thereof, and all real
32 and personal property located within the port district, including, but
33 not limited to, machinery, equipment and other facilities deemed neces-
34 sary or desirable in the opinion of the port authority in connection
35 therewith, or incidental thereto, whether or not now in existence or
36 under construction, for the disposal of refuse or other solid wastes or
37 wastes resulting from other treatment processes and for the recovery and
38 sale or use of energy and other resources from such refuse or other
39 solid wastes or wastes resulting from other treatment processes,
40 provided that no such resource recovery facility may include or be used
41 as a site for organic landfill;
42 m. "Surplus revenues" from any facility shall mean the balance of the
43 revenues from such facility (including but not limited to the revenues
44 of any subsidiary corporation incorporated for any of the purposes of
45 this part) remaining at any time currently in the hands of the port
46 authority after the deduction of the current expenses of the operation
47 and maintenance thereof, including a proportion of the general expenses
48 of the port authority as it shall deem properly chargeable thereto,
49 which general expenses shall include but not be limited to the expense
50 of protecting and promoting the commerce of the port district, and after
51 the deduction of any amounts which the port authority may or shall be
52 obligated or may or shall have obligated itself to pay to or set aside
53 out of the current revenues therefrom for the benefit of the holders of
54 any bonds legal for investment as defined in the general reserve fund
55 statutes;
S. 4623 117
1 n. "Surplus revenues of port district industrial development projects
2 or facilities" shall mean the surplus revenues of all industrial devel-
3 opment projects or facilities effectuated pursuant to the terms of this
4 part.
5 § 2703. Industrial development projects and facilities. 1. In furth-
6 erance of the findings and determinations detailed by section twenty-
7 seven hundred one of this part, in partial effectuation of and supple-
8 mental to the comprehensive plan heretofore adopted by the two said
9 states for the development of the said port district, and subject to the
10 preparation and adoption of the plan authorized in subdivision two of
11 this section and the execution of an agreement or agreements authorized
12 by subdivisions eleven and twelve of this section, the port authority is
13 hereby authorized, empowered and directed to establish, acquire,
14 construct, effectuate, develop, own, lease, maintain, operate, improve,
15 rehabilitate, sell, transfer and mortgage projects or facilities herein
16 referred to as port district industrial development projects or facili-
17 ties, as defined in this part.
18 The port authority is hereby authorized and empowered to establish,
19 levy and collect such rentals, fares, fees and other charges as it may
20 deem necessary, proper or desirable in connection with any facility or
21 part of any facility constituting a portion of any port district indus-
22 trial development project or facility and to issue bonds for any of the
23 purposes of this part and to provide for payment thereof, with interest
24 thereon, and for the amortization and retirement of such bonds, and to
25 secure all or any portion of such bonds by a pledge of such rentals,
26 fares, fees, charges and other revenues or any part thereon (including
27 but not limited to the revenues of any subsidiary corporation incorpo-
28 rated for any of the purposes of this part) and to secure all or any
29 portion of such bonds by mortgages upon any property held or to be held
30 by the port authority for any of the purposes of this part, and for any
31 of the purposes of this part to exercise all appropriate powers hereto-
32 fore or hereafter delegated to it by the states of New York and New
33 Jersey, including, but not limited to, those expressly set forth in this
34 part. The surplus revenues of port district industrial development
35 projects or facilities may be pledged in whole or in part as hereinafter
36 provided.
37 2. The port authority is hereby authorized to initiate studies and
38 prepare and adopt a master plan providing for the development of port
39 district industrial development projects and facilities which shall
40 include the location of such projects and facilities as may be included
41 in the plan and shall to the maximum extent practicable include inter
42 alia a general description of each of such projects and facilities, the
43 land use requirements necessary therefor, and estimates of project
44 costs, of project employment potential and of a schedule for commence-
45 ment of each such project. Prior to adopting such master plan, the port
46 authority shall give written notice to, afford a reasonable opportunity
47 for comment, consult with and consider any recommendation made by the
48 governing body of municipalities and within the city of New York the
49 appropriate community board or boards and elsewhere another governmental
50 entity or entities designated by such municipality in which industrial
51 development projects or facilities are proposed to be located and with
52 such other persons, including but not limited to private real estate
53 developers, which in the opinion of the port authority is either neces-
54 sary or desirable. The master plan shall include the port authority's
55 estimate of the revenues to be derived by municipalities from each such
56 industrial development project or facility and also a description of the
S. 4623 118
1 proposed additional arrangements with municipalities necessary or desir-
2 able for each such project or facility. The port authority may modify
3 or change any part of such plan in the same form and manner as provided
4 for the adoption of such original plan. At the time the port authority
5 authorizes any industrial development project or facility, the port
6 authority shall include with such authorization a statement as to the
7 status of each project included in such master plan and any amendment
8 thereof.
9 3. No industrial development project proposed to be located within the
10 city of New York may be included in such master plan unless and until
11 the mayor of the city of New York requests the port authority to conduct
12 a comprehensive study of the feasibility of the effectuation of one or
13 more industrial development projects or any parts thereof (including
14 resource recovery or industrial pollution control facilities) in such
15 city, which request shall specify the borough in which such comprehen-
16 sive study is to take place; provided, however, that the president of
17 any borough in which an industrial development project or facility is
18 proposed to be located may within sixty days of receipt of notice of
19 such request, and after consulting with and considering any recommenda-
20 tion made by the local borough improvement board, notify the port
21 authority not to include any proposed industrial development project or
22 facility within that county in such feasibility study. Any such request
23 by the mayor of the city of New York may specify the facilities to be
24 included in such industrial park project.
25 4. The moneys in the general reserve fund may be pledged in whole or
26 in part by the port authority as security for or applied by it to the
27 repayment with interest of any moneys which it may raise upon bonds
28 issued or incurred by it from time to time for any of the purposes of
29 this part or upon bonds secured in whole or in part by the pledge of the
30 revenues from any industrial development project or facility or any
31 portion thereof or upon bonds both so issued or incurred and so secured;
32 and the moneys in said general reserve fund may be applied by the port
33 authority to the fulfillment of any other undertakings which it may
34 assume to or for the benefit of the holders of any such bonds.
35 Subject to prior liens and pledges (and to the obligation of the port
36 authority to apply revenues to the maintenance of its general reserve
37 fund in the amount prescribed by the general reserve fund statutes), the
38 revenues from facilities established, constructed, acquired or otherwise
39 effectuated through the issuance or sale of bonds of the port authority
40 secured in whole or in part by a pledge of its general reserve fund or
41 any portion thereof may be pledged in whole or in part as security for
42 or applied by it to any of the purposes of this part, including the
43 repayment with interest of any moneys which it may raise upon bonds
44 issued or incurred from time to time for any of the purposes of this
45 part or upon bonds secured in whole or in part by the pledge of the
46 revenues of the port authority from any industrial development project
47 or facility or any portion thereof or upon bonds both so issued or
48 incurred and so secured; and said revenues may be applied by the port
49 authority to the fulfillment of any other undertakings which it may
50 assume to or for the benefit of the holders of such bonds.
51 5. In all cases where the port authority has raised or shall hereafter
52 raise moneys for any of the purposes of this part by the issue and sale
53 of bonds which are secured in whole or in part by a pledge of the gener-
54 al reserve fund or any portion thereof, the surplus revenues from indus-
55 trial development projects or facilities financed in whole or in part
56 out of the proceeds of such bonds and the surplus revenues from any
S. 4623 119
1 other port authority facility the surplus revenues of which at such time
2 may be payable into the general reserve fund shall be pooled and applied
3 by the port authority to the establishment and maintenance of the gener-
4 al reserve fund in an amount equal to one-tenth of the par value of all
5 bonds legal for investment, as defined in the general reserve fund stat-
6 utes, issued by the port authority and currently outstanding, including
7 such bonds issued for any of the purposes of this part; and all such
8 moneys in said general reserve fund may be pledged and applied in the
9 manner provided in the general reserve fund statutes.
10 In the event that any time the balance of moneys theretofore paid into
11 the general reserve fund and not applied therefrom shall exceed an
12 amount equal to one-tenth of the par value of all bonds upon the princi-
13 pal amount of which the amount of the general reserve fund is calcu-
14 lated, by reason of the retirement of bonds issued or incurred from time
15 to time for any of the purposes of this part the par value of which had
16 theretofore been included in the computation of said amount of the
17 general reserve fund, then the port authority may pledge or apply such
18 excess for and only for the purposes for which it is authorized by the
19 general reserve fund statutes to pledge the moneys in the general
20 reserve fund and such pledge may be made in advance of the time when
21 such excess may occur.
22 6. The two states covenant and agree with each other and with the
23 holders of any bonds issued by the port authority for the purposes of
24 this part, that so long as any of such bonds remain outstanding and
25 unpaid and the holders thereof shall not have given their consent as
26 provided in their contract with the port authority, the two states will
27 not diminish or impair the power of the port authority to establish,
28 levy and collect rentals, fares, fees or other charges in connection
29 with industrial development projects or facilities or any other facility
30 owned or operated by the port authority the revenues of which have been
31 or shall be pledged in whole or in part as security for such bonds
32 (directly or indirectly, or through the medium of the general reserve
33 fund or otherwise), or to determine the quantity, quality, frequency or
34 nature of any services provided by the port authority in connection with
35 the operation of each project or facility. This subdivision shall not
36 affect or diminish the provisions of subdivision twelve of this section.
37 7. The port authority is authorized and empowered to co-operate with
38 the states of New York and New Jersey, with any municipality thereof,
39 with any person, with the federal government and with any agency, public
40 authority or commission or any one or more of the foregoing, or with any
41 one or more of them, for and in connection with the acquisition, clear-
42 ance, replanning, rehabilitation, reconstruction or redevelopment of any
43 industrial development project or facility or of any other area forming
44 part of any industrial development project or facility for the purpose
45 of renewal and improvement of said area and for any of the purposes of
46 this part, and to enter into an agreement or agreements (and from time
47 to time to enter into agreements amending or supplementing the same)
48 with any such person, municipality, commission, public authority or
49 agency and with the states of New York and New Jersey and with the
50 federal government, or with any one or more of them, for or relating to
51 such purposes, including but not limited to agreements with respect to
52 the dedication by the municipalities of the port district of refuse,
53 solid waste or waste resulting from other treatment processes to
54 resource recovery to permit the generation of lower priced energy and
55 the recovery of useful materials; with respect to a commitment by such
56 municipalities to pay fees to permit the delivery and removal after
S. 4623 120
1 processing of such refuse or solid waste at rates and for periods of
2 time at least sufficient to assure the continued availability of such
3 energy and recovered materials; with respect to financial assistance,
4 loans and grants pursuant to any federal law now in effect or hereinaft-
5 er enacted which would provide such financial assistance, loans and
6 grants in connection with any of the purposes of this part, provided,
7 that if either state shall have or adopt general legislation governing
8 applications for such federal aid by municipalities, public authorities,
9 agencies or commissions of such state or the receipt or disbursement of
10 such federal aid by or on behalf of such municipalities, public authori-
11 ties, agencies or commissions, then such legislation shall at the option
12 of such state apply to applications by the port authority for such
13 federal aid in connection with an industrial development project or
14 facility located in such state and to the receipt and disbursement of
15 such federal aid by or on behalf of the port authority, in the same
16 manner and to the same extent as other municipalities, public authori-
17 ties, agencies or commissions of such state; and, with respect to occu-
18 pancy of space in any industrial development project or facility. The
19 port authority is hereby authorized and empowered to apply for and
20 accept financial assistance, loans and grants for such purposes under
21 federal, state or local laws, and to make application directly to the
22 proper officials or agencies for and receive federal, state or local
23 loans or grants in aid of any of the purposes of this part. Nothing
24 contained in this part shall be construed to limit or impair the power
25 of the governor of the state of New York and the governor of the state
26 of New Jersey to review the actions of the commissioners of the port
27 authority as provided for in chapter seven hundred of the laws of New
28 York of nineteen hundred twenty-seven, as amended and as continued by
29 part IV of this article, and in chapter three hundred thirty-three of
30 the laws of New Jersey of nineteen hundred twenty-seven, as amended, or
31 to authorize the port authority to commence the effectuation of any
32 industrial development project or facility unless and until the munici-
33 pality in which such project or facility is to be located has consented
34 to the commencement of such effectuation, with such consent to be
35 provided for in the agreement authorized by subdivision eleven or subdi-
36 vision twelve of this section. The port authority is authorized and
37 empowered to enter into an agreement or agreements (and from time to
38 time to enter into agreements amending or supplementing the same) with
39 any public authority, agency or commission of either or both states to
40 provide for the effectuation of any of the purposes of this part through
41 a subsidiary corporation owned jointly by the port authority and any
42 such public authority, agency or commission, and any such public author-
43 ity, agency or commission is authorized and empowered to enter into such
44 agreement or agreements with the port authority.
45 8. Notwithstanding any contrary provision of law, general, special or
46 local, either state and any municipality thereof and any commission,
47 public authority or agency of either or both of said two states is
48 authorized and empowered to co-operate with the port authority and to
49 enter into an agreement or agreements (and from time to time to enter
50 into agreements amending or supplementing the same) with the port
51 authority or with any other person for and in connection with or relat-
52 ing to the acquisition, clearance, replanning, rehabilitation, recon-
53 struction, redevelopment, sale, transfer or mortgage of any industrial
54 development project or facility or of any other area forming part of any
55 industrial development project or facility for the purpose of renewal
56 and improvement of said area as aforesaid or for any of the other
S. 4623 121
1 purposes of this part, including but not limited to the dedication by
2 the municipalities of the port district of refuse, solid waste or waste
3 resulting from other treatment processes to resource recovery to permit
4 the generation of lower priced energy and the recovery of useful materi-
5 als and a commitment by such municipalities to pay fees to permit the
6 delivery and removal after processing of such refuse or solid waste at
7 rates and for periods of time at least sufficient to assure the contin-
8 ued availability of such energy and recovered materials, upon such
9 reasonable terms and conditions as may be determined by such state,
10 municipality, public authority, agency or commission and the port
11 authority. Such agreement may, without limiting the generality of the
12 foregoing, further include consent to the use by the port authority or
13 any other person of any real property owned or to be acquired by said
14 state, municipality, public authority, agency or commission and consent
15 to the use by such state, municipality, public authority, agency or
16 commission of any real property owned or to be acquired by the port
17 authority or by any other person which in either case is necessary,
18 convenient or desirable in the opinion of the port authority for any of
19 the purposes of this part, including such real property, improved or
20 unimproved, as has already been devoted to or has been or is to be
21 acquired for urban renewal or other public use, and as an incident to
22 such consent such state, municipality, public authority, agency or
23 commission may grant, convey, lease or otherwise transfer any such real
24 property to the port authority or to any other person and the port
25 authority may grant, convey, lease or otherwise transfer any such real
26 property to such state, municipality, public authority, agency, commis-
27 sion or any other person for such term and upon such conditions as may
28 be agreed upon. If real property of such state, municipality, public
29 authority, agency or commission be leased to the port authority or to
30 any other person for any of the purposes of this part, such state, muni-
31 cipality, public authority, agency or commission may consent to the port
32 authority or any other person having the right to mortgage the fee of
33 such property and thus enable the port authority or such other person to
34 give as security for its bond or bonds a lien upon the land and improve-
35 ments, but such state, municipality, public authority, agency or commis-
36 sion by consenting to the execution by the port authority or such other
37 person of a mortgage upon the leased property shall not thereby assume
38 and such consent shall not be construed as imposing upon such state,
39 municipality, public authority, agency or commission any liability upon
40 the bond or bonds secured by the mortgage. In connection with any of
41 the purposes of this part, either state and any municipality thereof,
42 any commission, public authority or agency of either or both of said two
43 states, the port authority and any other person are empowered to enter
44 into any other agreement or agreements (and from time to time to enter
45 into agreements amending or supplementing same) which may provide inter
46 alia for the establishment of prices or rates, a requirement that any
47 person sell, lease or purchase any commodity or service from any other
48 person, or any other similar arrangement.
49 Nothing contained in this subdivision shall impair or diminish the
50 powers vested in either state or in any municipality, public authority,
51 agency or commission to acquire, clear, replan, reconstruct, rehabili-
52 tate or redevelop abandoned, undeveloped or underutilized land and the
53 powers herein granted to either state or any municipality, public
54 authority, agency or commission shall be construed to be in aid of and
55 not in limitation or in derogation of any such powers heretofore or
S. 4623 122
1 hereafter conferred upon or granted to such state, municipality, public
2 authority, agency or commission.
3 Nothing contained in this part shall be construed to authorize the
4 port authority to acquire, by condemnation or the exercise of the right
5 of eminent domain, property now or hereafter vested in or held by either
6 state or by any municipality, public authority, agency or commission
7 without the authority or consent by such state, municipality, public
8 authority, agency or commission, provided that the state under whose
9 laws such public authority, agency or commission has been created may
10 authorize by appropriate legislation the port authority to acquire any
11 such property vested in or held by any such public authority, agency or
12 commission by condemnation or the exercise of the right of eminent
13 domain without such authority or consent; nor shall anything herein
14 impair or invalidate in any way any bonded indebtedness of either state
15 or any such municipality, public authority, agency or commission, nor
16 impair the provisions of law regulating the payment into sinking funds
17 of revenues derived from such property, or dedicating the revenues
18 derived from such property to a specific purpose.
19 The port authority, subject to the express authority or consent of any
20 such state, municipality, public authority, agency or commission, is
21 hereby authorized and empowered to acquire from any such state or muni-
22 cipality, or from any other public authority, agency or commission
23 having jurisdiction in the premises, by agreement therewith, and such
24 state or municipality, public authority, agency or commission, notwith-
25 standing any contrary provision of law, is hereby authorized and
26 empowered to grant and convey, upon reasonable terms and conditions, any
27 real property which may be necessary, convenient or desirable for any of
28 the purposes of this part, including such real property as has already
29 been devoted to a public use.
30 Notwithstanding any inconsistent provision of this section or part or
31 any compact or general or special law, the port authority may not
32 acquire any park lands for industrial development projects or facilities
33 unless each such conveyance of such land is specifically authorized by
34 the legislature of the state wherein the land is located.
35 Any consent by a municipality shall be given and the terms, conditions
36 and execution by a municipality of any agreement, deed, lease, convey-
37 ance or other instrument pursuant to this subdivision or any other
38 subdivision of this section shall be authorized in the manner provided
39 in article twenty-two of the compact of April thirtieth, nineteen
40 hundred twenty-one between the two states creating the port authority,
41 except that as to towns in the state of New York, such consent shall be
42 authorized in the manner provided in the town law and as to counties in
43 the state of New Jersey, such consent shall be authorized in the manner
44 provided in New Jersey statutes annotated, forty: one-one, et seq. Any
45 consent by either state shall be effective if given, and the terms and
46 conditions and execution of any agreement, deed, lease, conveyance or
47 other instrument pursuant to this section or any other section of this
48 part shall be effective if authorized by the governor of such state.
49 Any consent by a public authority, agency or commission shall be effec-
50 tive if given by such public authority, agency or commission.
51 9. The states of New York and New Jersey hereby consent to suits,
52 actions or proceedings by any municipality, public authority, agency or
53 commission against the port authority upon, in connection with or aris-
54 ing out of any agreement, or any amendment thereof, entered into for any
55 of the purposes of this part, as follows:
S. 4623 123
1 a. for judgments, orders or decrees restraining or enjoining the port
2 authority from transferring title to real property to other persons in
3 cases where it has agreed with said municipality, public authority,
4 agency, or commission for transfer of such title to the municipality,
5 public authority, agency or commission; and
6 b. for judgments, orders or decrees restraining or enjoining the port
7 authority from committing or continuing to commit other breaches of such
8 agreement or any amendment thereof; provided, that such judgment, order
9 or decree shall not be entered except upon two days' prior written
10 notice to the port authority of the proposed entry thereof; and
11 provided further that upon appeal taken by the port authority from such
12 judgment, order or decree the service of the notice of appeal shall
13 perfect the appeal and stay the execution of such judgment, order or
14 decree appealed from without an undertaking or other security.
15 Nothing herein contained shall be deemed to revoke, rescind or affect
16 any consent to suits, actions, or proceedings against the port authority
17 heretofore given by the two said states in chapter three hundred one of
18 the laws of New York of nineteen hundred fifty and continued by part XIV
19 of this article, and chapter two hundred four of the laws of New Jersey
20 of nineteen hundred fifty-one.
21 10. The effectuation of industrial development projects or facilities
22 of any such projects or facilities constituting a portion of any indus-
23 trial development project or facility, are and will be in all respects
24 for the benefit of the people of the states of New York and New Jersey,
25 for the increase of their commerce and prosperity and for the improve-
26 ment of their health and living conditions; and the port authority and
27 any subsidiary corporation incorporated for any of the purposes of this
28 part shall be regarded as performing an essential governmental function
29 in undertaking the effectuation thereof, and in carrying out the
30 provisions of law relating thereto.
31 11. The port authority shall be required to pay no taxes or assess-
32 ments upon any of the property acquired and used by it for any of the
33 purposes of this part or upon any deed, mortgage or other instrument
34 affecting such property or upon the recording of any such instrument.
35 However, to the end that no taxing jurisdiction shall suffer undue loss
36 of taxes and assessments by reason of the acquisition and ownership of
37 property by the port authority for any of the purposes of this part, the
38 port authority is hereby authorized and empowered, in its discretion, to
39 enter into a voluntary agreement or agreements with any city, town,
40 township or village whereby the port authority will undertake to pay in
41 lieu of taxes a fair and reasonable sum, if any, or sums annually in
42 connection with any real property acquired and owned by the port author-
43 ity for any of the purposes of this part and to provide for the payment
44 as a rental or additional rental charge by any person occupying any
45 portion of any industrial development project or facility either as
46 lessee, vendee or otherwise of such reasonable sum, if any, or sums as
47 hereinafter provided. Such sums in connection with any real property
48 acquired and owned by the port authority for any of the purposes of this
49 part shall not be more than the sum last paid as taxes upon such real
50 property prior to the time of its acquisition by the port authority;
51 provided, however, that in connection with any portion of any industrial
52 development project or facility, which is owned by the port authority or
53 another governmental entity and improved pursuant to this part with
54 buildings, structures or improvements greater in value than the build-
55 ings, structures or improvements in existence at the time of its acqui-
56 sition, development or improvement by the port authority, any person
S. 4623 124
1 occupying such portion of such industrial development project or facili-
2 ty either as lessee, vendee or otherwise shall, as long as title thereto
3 shall remain in the port authority or in another governmental entity,
4 pay as a rental or additional rental charge an amount in lieu of taxes,
5 if any, not in excess of the taxes on such improvements and on personal
6 property, including water and sewer service charges or assessments,
7 which such person would have been required to pay had it been the owner
8 of such property during the period for which such payment is made;
9 provided further, however, that neither the port authority nor any of
10 its projects, facilities, properties, monies or bonds and notes shall be
11 obligated, liable or subject to lien of any kind whatsoever for the
12 enforcement, collection or payment thereof. Each such city, town, town-
13 ship or village is hereby authorized and empowered to enter into such
14 agreement or agreements with the port authority which agreement or
15 agreements may also include provisions with respect to the joint review
16 of categories of tenants proposed as occupants for industrial develop-
17 ment projects or facilities with the cities, towns, townships or
18 villages in which they are proposed to be located, and to accept the
19 payment or payments which the port authority is hereby authorized and
20 empowered to make or which are paid by a person occupying any such
21 portion of such industrial development project or facility as rental or
22 as additional rental in lieu of taxes, and the sums so received by such
23 city, town, township or village shall be devoted to purposes to which
24 taxes may be applied in all affected taxing jurisdictions unless and
25 until otherwise directed by law of the state in which such city, town,
26 township or village is located. At least ten days prior to the authori-
27 zation by the port authority of any agreement provided for in this
28 subdivision, the port authority shall notify the chief executive officer
29 of each city in the port district within which an industrial development
30 project or facility has been included in the master plan provided for in
31 subdivision two of this section of the proposed authorization of such
32 agreement, shall seek their comments and shall include with such author-
33 ization any comments received from such city. The port authority shall
34 not sell or lease substantially all of an industrial development project
35 or facility to a proposed purchaser or lessee without the prior approval
36 by the municipality wherein the project or facility is located of such
37 purchaser or lessee.
38 12. Except as otherwise specifically provided, all details of the
39 effectuation, including but not limited to details of financing, leas-
40 ing, rentals, fees and other charges, rates, contracts and service, of
41 industrial development projects or facilities by the port authority
42 shall be within its sole discretion and its decision in connection with
43 any and all matters concerning industrial development projects or facil-
44 ities shall be controlling and conclusive; provided that the
45 construction and operation of any such project or facility shall conform
46 to the environmental and solid waste disposal standards and any state
47 and county plans therefor in the state in which such project or facility
48 is located. At least ninety days prior to the authorization by the port
49 authority of the first contract for the construction of any industrial
50 development project or facility, the port authority shall transmit to
51 the governor of the state in which such project or facility is to be
52 located a statement as to the conformance of such industrial development
53 project or facility with such environmental and solid waste disposal
54 standards and any state and county plans therefor, and shall consult
55 with such governor or his designee with respect thereto. The port
56 authority and the city, town, township or village in which any indus-
S. 4623 125
1 trial development project or facility is to be located and for whose
2 benefit such project or facility is undertaken are hereby authorized and
3 empowered to enter into an agreement or agreements to provide which
4 local laws, resolutions, ordinances, rules and regulations, if any, of
5 such city, town, township or village affecting any industrial develop-
6 ment project or facility shall apply to such project or facility. All
7 other existing local laws, resolutions, ordinances or rules and regu-
8 lations not provided for in such agreement shall be applicable to such
9 industrial development projects or facilities. All such local laws,
10 resolutions, ordinances or rules and regulations enacted after the date
11 of such agreement or agreements shall not be applicable to such projects
12 or facilities unless made applicable by such agreement or agreements or
13 any modification or modifications thereto.
14 So long as any facility constituting a portion of any industrial
15 development project or facility shall be owned, controlled or operated
16 by the port authority, no public authority, agency, commission or muni-
17 cipality of either or both of the two states shall have jurisdiction
18 over such project or facility nor shall any such public authority, agen-
19 cy, commission or municipality have any jurisdiction over the terms or
20 method of effectuation of all or any portion thereof by the port author-
21 ity including but not limited to the transfer of all or any portion
22 thereof to or by the port authority; provided, however, the port
23 authority is authorized and empowered to submit to the jurisdiction over
24 such project or facility of either state or any department thereof or
25 any such public authority, agency, commission or municipality when the
26 exercise of such jurisdiction is necessary for the administration or
27 implementation of federal environmental or solid waste disposal legis-
28 lation by either state.
29 Nothing in this part shall be deemed to prevent the port authority
30 from establishing, acquiring, owning, leasing, constructing, effectuat-
31 ing, developing, maintaining, operating, rehabilitating, improving,
32 selling, transferring or mortgaging all or any portion of any industrial
33 development project or facility through wholly owned subsidiary corpo-
34 rations of the port authority or subsidiary corporations owned by the
35 port authority jointly with any public authority, agency or commission
36 of either or both of the two states or from transferring to or from any
37 such corporations any moneys, real property or other property for any of
38 the purposes of this part. If the port authority shall determine from
39 time to time to form such a subsidiary corporation it shall do so by
40 executing and filing with the secretary of state of the State of New
41 York and the secretary of state of the State of New Jersey a certificate
42 of incorporation, which may be amended from time to time by similar
43 filing, which shall set forth the name of such subsidiary corporation,
44 its duration, the location of its principal office, any joint owners
45 thereof, and the purposes of the incorporation which shall be one or
46 more of the purposes of establishing, acquiring, owning, leasing,
47 constructing, effectuating, developing, maintaining, operating, rehabil-
48 itating, improving, selling, transferring or mortgaging all or any
49 portion of any industrial development project or facility. The direc-
50 tors of such subsidiary corporation shall be the same persons holding
51 the offices of commissioners of the port authority together with persons
52 representing any joint owner thereof as provided for in the agreement in
53 connection with the incorporation thereof. Such subsidiary corporation
54 shall have all the powers vested in the port authority itself for the
55 purposes of this part except that it shall not have the power to
56 contract indebtedness. Such subsidiary corporation and any of its prop-
S. 4623 126
1 erty, functions and activities shall have all of the privileges, immuni-
2 ties, tax exemptions and other exemptions of the port authority and of
3 the port authority's property, functions and activities. Such subsid-
4 iary corporation shall be subject to the restrictions and limitations to
5 which the port authority may be subject, including, but not limited to
6 the requirement that no action taken at any meeting of the board of
7 directors of such subsidiary corporation shall have force or effect
8 until the governors of the two states shall have an opportunity, in the
9 same manner and within the same time as now or hereafter provided by law
10 for approval or veto of actions taken at any meeting of the port author-
11 ity itself, to approve or veto such action. Such subsidiary corporation
12 shall be subject to suit in accordance with subdivision nine of this
13 section and chapter three hundred one of the laws of New York of nine-
14 teen hundred fifty and continued by part XIV of this article, and chap-
15 ter two hundred four of the laws of New Jersey of nineteen hundred
16 fifty-one as if such subsidiary corporation were the port authority
17 itself. Such subsidiary corporation may be a participating employer
18 under the New York retirement and social security law or any similar law
19 of either state and the employees of any such subsidiary corporation,
20 except those who are also employees of the port authority, shall not be
21 deemed employees of the port authority.
22 Whenever any state, municipality, commission, public authority, agen-
23 cy, officer, department, board or division is authorized and empowered
24 for any of the purposes of this part to co-operate and enter into agree-
25 ments with the port authority or to grant any consent to the port
26 authority or to grant, convey, lease or otherwise transfer any property
27 to the port authority or to execute any document, such state, munici-
28 pality, commission, public authority, agency, officer, department, board
29 or division shall have the same authorization and power for any of such
30 purposes to co-operate and enter into agreements with such subsidiary
31 corporation and to grant consents to such subsidiary corporation and to
32 grant, convey, lease or otherwise transfer property to such subsidiary
33 corporation and to execute documents for such subsidiary corporation.
34 13. The bonds issued by the port authority to provide funds for any of
35 the purposes of this part are hereby made securities in which all state
36 and municipal officers and bodies of both states, all trust companies
37 and banks other than savings banks, all building and loan associations,
38 savings and loan associations, investment companies and other persons
39 carrying on a commercial banking business, all insurance companies,
40 insurance associations and other persons carrying on an insurance busi-
41 ness, and all administrators, executors, guardians, trustees and other
42 fiduciaries, and all other persons whatsoever (other than savings
43 banks), who are now or may hereafter be authorized by either state to
44 invest in bonds of such state, may properly and legally invest any
45 funds, including capital, belonging to them or within their control, and
46 said bonds are hereby made securities which may properly and legally be
47 deposited with and shall be received by any state or municipal officer
48 or agency of either state for any purpose for which the deposit of bonds
49 of such state is now or may hereafter be authorized. The bonds issued
50 by the port authority to provide funds for any of the purposes of this
51 part as security for which the general reserve fund shall have been
52 pledged in whole or in part are hereby made securities in which all
53 savings banks also may properly and legally invest any funds including
54 capital, belonging to them or within their control.
55 14. Subsequent to and subject to the execution of the agreement or
56 agreements authorized by subdivisions eleven and twelve of this section
S. 4623 127
1 the projects and facilities and at the locations specified therein, if
2 the port authority shall find it necessary, convenient or desirable to
3 acquire from time to time any real property or any property other than
4 real property (including but not limited to contract rights and other
5 tangible or intangible personal property), for any of the purposes of
6 this act whether for immediate or future use (including temporary
7 construction, rehabilitation or improvement), the port authority may
8 find and determine that such property, whether a fee simple absolute or
9 a lesser interest, is required for a public use, and upon such determi-
10 nation the said property shall be and shall be deemed to be required for
11 such public use until otherwise determined by the port authority, and
12 such determination shall not be affected by the fact that such property
13 has theretofore been taken for and is then devoted to a public use; but
14 the public use in the hands of or under the control of the port authori-
15 ty shall be deemed superior to the public use in the hands of any other
16 person, association or corporation.
17 The port authority may acquire and is hereby authorized so to acquire
18 from time to time, for any of the purposes of this part, such property,
19 whether a fee simple absolute or a lesser estate, by condemnation
20 (including the exercise of the right of eminent domain) under and pursu-
21 ant to the provisions of the eminent domain procedure law of the state
22 of New York in the case of property located in or having its situs in
23 such state, and chapter three hundred sixty-one of the laws of New
24 Jersey of nineteen hundred seventy-one, in the case of property located
25 in or having its situs in such state, or, at the option of the port
26 authority, as provided in section fifteen of chapter forty-three of the
27 laws of New Jersey of nineteen hundred forty-seven, as amended, in the
28 case of property located in or having its situs in such state, or pursu-
29 ant to such other and alternate procedure as may be provided by law of
30 the state in which such property is located or has its situs; and all of
31 said statutes for the acquisition of real property shall, for any of the
32 purposes of this part, be applied also to the acquisition of other prop-
33 erty authorized by this subdivision, except that such provisions as
34 pertain to surveys, diagrams, maps, plans or profiles, assessed valu-
35 ation, lis pendens, service of notice and papers, filing in the office
36 of the clerk in which the real property affected is situated and such
37 other provisions as by their nature cannot be applicable to property
38 other than real property, shall not be applicable to the acquisition of
39 such other property. In the event that any property other than real
40 property is acquired for any of the purposes of this part under this
41 section then, with respect to such other property, notice of such
42 proceeding and all subsequent notices or court processes shall be served
43 upon the owners of such other property and upon the port authority by
44 personal service or by registered or certified mail, except as may be
45 otherwise directed by the court.
46 The port authority is hereby authorized and empowered, in its
47 discretion, from time to time to combine any property which is to be
48 acquired as aforesaid by condemnation for any of the purposes of this
49 part for acquisition in a single action or proceeding notwithstanding
50 that part of the property so to be acquired is personal property or
51 mixed real and personal property or may be owned by more than one owner.
52 The owner of any property acquired by condemnation or the exercise of
53 the right of eminent domain for any of the purposes of this act shall
54 not be awarded for such property any increment above the just compen-
55 sation required by the constitutions of the United States and of the
S. 4623 128
1 state or states in which the property is located or has its situs by
2 reason of any circumstances whatsoever.
3 Nothing herein contained shall be construed to prevent the port
4 authority from bringing any proceedings to remove a cloud on title or
5 such other proceedings as it may, in its discretion, deem proper and
6 necessary, or from acquiring any such property by negotiation or
7 purchase.
8 Where a person entitled to an award in the proceedings for the acqui-
9 sition of property by condemnation or the right of eminent domain for
10 any of the purposes of this part remains in possession of such property
11 after the time of the vesting of title in the port authority, the
12 reasonable value of this use and occupancy of such property subsequent
13 to such time, as fixed by agreement or by the court in such proceedings
14 or by any court of competent jurisdiction, shall be a lien against such
15 award, subject only to liens of record at the time of the vesting of
16 title in the port authority.
17 15. The port authority and its duly authorized agents, and all persons
18 acting under its authority and by its direction, may enter in the
19 daytime into and upon any real property for the purpose of making such
20 surveys, diagrams, maps, plans, soundings or borings as the port author-
21 ity may deem necessary, convenient or desirable for any of the purposes
22 of this part.
23 16. Any declarations contained herein with respect to the governmental
24 nature and public purpose of any industrial development project or
25 facility and to the exemption of any industrial development project or
26 facility property and instruments relating thereto from taxation and to
27 the discretion of the port authority with respect to said projects or
28 facilities shall not be construed to imply that other port authority
29 facilities, property and operations are not of a governmental nature or
30 do not serve public purposes, or that they are subject to taxation, or
31 that the determinations of the port authority with respect thereto are
32 not conclusive. The powers hereby vested in the port authority and in
33 any subsidiary corporation incorporated for any of the purposes of this
34 act (including but not limited to the power to acquire real property by
35 condemnation or the exercise of the right of eminent domain) shall be
36 continuing powers and no exercise thereof by the port authority or a
37 subsidiary corporation incorporated for any of the purposes of this part
38 shall be deemed to exhaust them or any of them.
39 17. This subdivision and the preceding subdivisions hereof constitute
40 an agreement between the states of New York and New Jersey supplementary
41 to the compact between the two states dated April thirtieth, nineteen
42 hundred twenty-one and amendatory thereof, and shall be liberally
43 construed to effectuate the purposes of said compact and of the compre-
44 hensive plan heretofore adopted by the two states, and the powers grant-
45 ed to the port authority shall be construed to be in aid of and not in
46 limitation or in derogation of any other powers, heretofore conferred
47 upon or granted to the port authority.
48 18. If any section, phrase, or provision of this part or the applica-
49 tion thereof to any person or circumstances be adjudged invalid by any
50 court of competent jurisdiction, so long as the section or remainder of
51 the part shall nonetheless permit the effectuation, as a unified
52 project, of any industrial development project or facility, such judg-
53 ment shall be confined in its operation to the section, part, phrase,
54 provision or application directly involved in the controversy in which
55 such judgment shall have been rendered and shall not affect or impair
56 the validity of the remainder of this act or the application thereof to
S. 4623 129
1 other persons or circumstances and the two states hereby declare that
2 they would have entered into this part or the remainder thereof had the
3 invalidity of such provision or application thereof been apparent.
4 19. A copy of the minutes of any action taken at any meeting of the
5 port authority in connection with any modification, addition or deletion
6 in or to any or all of the covenants with or pledges to bondholders
7 contained in a resolution authorizing the issuance of consolidated bonds
8 of the port authority from such covenants or pledges set forth in the
9 immediately preceding resolution of the port authority authorizing the
10 issuance of such bonds shall be filed with the temporary president and
11 minority leader of the senate and the speaker and minority leader of the
12 assembly of the state of New York and the secretary of the senate and
13 clerk of the general assembly of the state of New Jersey within ten
14 calendar days prior to transmitting the same to the governor of each
15 state for review if the legislature of such state be in session and not
16 adjourned for more than two days, and, in the event the legislatures of
17 the respective states are not in session or are adjourned for more than
18 two days, the same shall be filed with such officers thirty calendar
19 days prior to transmitting the same to the governor of each state for
20 review. Notice of such filing shall be provided to the governor of each
21 state at the same time.
22 The temporary president and minority leader of the senate and the
23 speaker and minority leader of the assembly of the state of New York and
24 the speaker of the general assembly and the president of the senate of
25 the state of New Jersey, or their representatives designated by them in
26 writing for this purpose, may by certificate filed with the secretary of
27 the port authority waive the foregoing filing requirement with respect
28 to any specific minutes.
29 20. The port authority shall file with the temporary president and
30 minority leader of the senate, the speaker and minority leader of the
31 assembly, the chairman of the assembly ways and means committee and the
32 chairman of the senate finance committee of the state of New York and
33 the president, minority leader and secretary of the senate and the
34 speaker and minority leader and clerk of the general assembly of the
35 state of New Jersey a copy of the minutes of any action taken at any
36 public meeting of the port authority in connection with any of the
37 purposes of this part. Such filing shall be made at least ten calendar
38 days before such minutes are transmitted to the governor of each state
39 for review; and notice of such filing shall be provided to the governor
40 of each state at the same time.
41 The temporary president and minority leader of the senate, the speaker
42 and minority leader of the assembly, the chairman of the assembly ways
43 and means committee and the chairman of the senate finance committee of
44 the state of New York and the speaker and minority leader of the general
45 assembly and the president and the minority leader of the senate of the
46 state of New Jersey, or their representatives designated by them in
47 writing for this purpose, may by certificate filed with the secretary of
48 the port authority waive the foregoing filing requirement with respect
49 to any specific minutes.
50 21. The comptroller of the state of New York and the treasurer of the
51 state of New Jersey may each from time to time request a special report
52 with such information as each such officer may require with respect
53 thereto from the port authority with respect to any or all industrial
54 development projects or facilities.
S. 4623 130
1 PART XXVIII
2 BUS TRANSPORTATION
3 Section 2801. Findings and determinations.
4 2802. Definitions.
5 2803. Bus transportation.
6 § 2801. Findings and determinations. The states of New York and New
7 Jersey hereby find and determine that:
8 1. The efficient, economical and convenient mass transportation of
9 persons to, from and within the port district as defined in the compact
10 between the two states dated April thirtieth, nineteen hundred twenty-
11 one is vital and essential to the preservation and economic well being
12 of the northern New Jersey-New York metropolitan area;
13 2. In order to deter the economic deterioration of the northern New
14 Jersey-New York metropolitan area adequate facilities for the mass
15 transportation of persons must be provided and buses are and will remain
16 of extreme importance in such transportation;
17 3. The provision of mass transportation including bus transportation
18 in urban areas has become financially burdensome and may result in the
19 additional curtailment of significant portions of this essential public
20 service;
21 4. The economic viability of the existing facilities operated by the
22 port authority is dependent upon the effective and efficient functioning
23 of the transportation network of the northern New Jersey-New York metro-
24 politan area and access to and proper utilization of such port authority
25 facilities would be adversely affected if users of bus transportation
26 were to find such transportation unavailable or significantly curtailed;
27 5. Buses serving regional bus routes and feeder bus routes and ancil-
28 lary bus facilities constitute an essential part of the mass commuter
29 facilities of the port district;
30 6. The continued availability of bus transportation requires substan-
31 tial replacement of and additions to the number of buses presently in
32 use in the northern New Jersey-New York metropolitan area;
33 7. The port authority which was created by agreement of the two states
34 as their joint agent for the development of transportation and terminal
35 facilities and other facilities of commerce of the port district and for
36 the promotion and protection of the commerce of their port, is a proper
37 agency to provide such buses to each of the two states and such
38 provision of buses by the port authority is in the interest of the
39 continued viability of the facilities of the port authority, and is in
40 the public interest;
41 8. The operation of the facilities of the port authority, including
42 but not limited to the port authority bus terminal at forty-first street
43 and eighth avenue in New York county in the city and state of New York
44 and the extension thereto currently under construction (hereinafter
45 called the "bus terminal"), the George Washington bridge bus station and
46 the provision of buses and ancillary bus facilities pursuant to this
47 part involve the exercise of public and essential governmental functions
48 which must be performed by the two states or any municipality, public
49 authority, agency, or commission of either or both states;
50 9. The revision to the port authority bridge and tunnel toll schedules
51 which was effective May fifth, nineteen hundred seventy-five, is
52 expected to result in additional revenues to the port authority suffi-
53 cient to support the financing with consolidated bonds of the port
54 authority of approximately four hundred million dollars for passenger
55 mass transportation capital projects (hereinafter called "passenger
S. 4623 131
1 facilities"), approximately one hundred sixty million dollars thereof
2 being allocated to the extension to the bus terminal, with the remaining
3 two hundred forty million dollars to be allocated on the basis of one
4 hundred twenty million dollars in each state for passenger facilities,
5 including but not limited to the acquisition, development and financing
6 of buses and related facilities, as determined by each such state and
7 the port authority acting pursuant to legislative authorization and
8 commitments to the holders of port authority obligations; and
9 10. The port authority's function as a regional agency of the two
10 states makes it appropriate that line-haul regional bus route passenger
11 facilities be equipped pursuant to this part with buses and ancillary
12 bus facilities and that the need for development and equipment of such
13 routes be satisfied on a priority basis.
14 § 2802. Definitions. For the purpose of this part:
15 1. "Ancillary bus facilities" shall mean any facilities useful in the
16 provision of service for line-haul regional or feeder bus routes includ-
17 ing but not limited to (a) fare collection, communication, signal and
18 identification equipment, (b) equipment to aid in the provision of bus
19 service to the elderly and handicapped, (c) maintenance, repair and
20 storage facilities and equipment, and (d) bus stations for use primarily
21 by passengers traveling between New York and New Jersey; automobile
22 parking lots for use by people who transfer to buses on line-haul
23 regional bus routes or feeder bus routes; and shelters at roadside bus
24 stops to afford waiting bus passengers protection from precipitation and
25 wind;
26 2. "Buses" shall mean vehicles containing seats for twelve or more
27 passengers which are designed for and regularly used in scheduled common
28 carrier passenger mass transportation service on streets, highways and
29 exclusive busways and which are not designed or used for railroad
30 purposes;
31 3. "Consolidated bonds" shall mean consolidated bonds of the issue
32 established by the resolution of the port authority, adopted October
33 ninth, nineteen hundred fifty-two;
34 4. "Develop" shall mean plan, design, construct, improve or rehabili-
35 tate;
36 5. "Feeder bus routes" shall mean those bus routes entirely within the
37 regional bus area which connect within the port district with a bus stop
38 on a line-haul regional bus route, a passenger ferry, or a railroad
39 station;
40 6. "Line-haul regional bus routes" shall mean bus routes which are
41 entirely within the regional bus area and which extend from a point
42 outside the county in which the bus terminal is located to a point in
43 such county;
44 7. "Municipality" shall mean a county, city, borough, village, town,
45 township, or other similar political subdivision of New York or New
46 Jersey;
47 8. "Person" shall mean any person, including individuals, firms, part-
48 nerships, associations, societies, trusts, public utilities, public or
49 private corporations, or other legal entities, including public or
50 governmental bodies, which may include the port authority, as well as
51 natural persons;
52 9. "Railroad station" shall mean a stop on a rail or subway system at
53 which passengers embark or disembark; and
54 10. "Regional bus area" shall mean that area in the states of New York
55 and New Jersey which lies within a radius of seventy-five miles of the
56 bus terminal.
S. 4623 132
1 § 2803. Bus transportation. 1. The port authority is authorized and
2 empowered to acquire, develop, finance, and transfer buses and ancillary
3 bus facilities for the purpose of leasing, selling, transferring or
4 otherwise disposing of such buses and ancillary bus facilities only to
5 the state of New York and the state of New Jersey or to any public
6 authority, agency, commission, city or county thereof and designated by
7 such state (hereinafter called the "lessee"). Such buses may be used
8 only on line-haul regional bus routes or on feeder bus routes and such
9 ancillary bus facilities shall be developed for and used in connection
10 with buses which travel on line-haul regional bus routes or feeder bus
11 routes; provided, however, that (a) such buses may be used for charter
12 bus trips which originate in the regional bus area, which take place
13 when such buses are not needed for service on line-haul regional bus
14 routes or feeder bus routes, and which comply with all applicable
15 requirements including but not limited to those of the port authority
16 and the lessee; and (b) provided that fare collection, communication and
17 identification equipment and maintenance, repair and storage facilities
18 and equipment acquired pursuant to this act may be utilized in
19 connection with bus service which is not on line-haul regional or feeder
20 bus routes to the extent that such utilization shall comply with all
21 applicable requirements including but not limited to those of the port
22 authority and the lessee. Ancillary bus facilities which are not located
23 on buses or which are not otherwise intended to be moved from place to
24 place shall be located only within the port district.
25 2. Any such lease, sale, transfer or other disposition of buses and
26 ancillary bus facilities shall be on such terms and conditions, includ-
27 ing consideration, consistent with this part as the port authority shall
28 deem in the public interest and which shall be acceptable to the port
29 authority and the lessee. Notwithstanding any contrary provision of law,
30 general, special or local, part of the consideration for any such lease
31 or transfer shall consist of an agreement by the lessee to maintain and
32 use such buses and ancillary bus facilities, or cause such buses and
33 ancillary bus facilities to be maintained and used by others under
34 agreement with the lessee, in the effective and efficient transportation
35 of passengers in accordance with this act and the port authority may
36 accept such agreement in lieu of any other consideration for such lease
37 or transfer. The lessee shall be responsible for the proper operation,
38 maintenance, repair and use of the buses and ancillary bus facilities
39 and the port authority shall not be liable in any respect by reason of
40 the ownership, development, operation, maintenance, repair or use of
41 such buses and ancillary bus facilities. Anything contained in this part
42 to the contrary notwithstanding, development of such buses and ancillary
43 bus facilities and introduction into service of such buses shall be
44 subject to the approval of the lessee.
45 3. The two states covenant and agree with each other and with the
46 holders of the present and future obligations of the port authority that
47 (a) the lessee of buses or ancillary bus facilities leased, transferred
48 or otherwise disposed of pursuant to this part shall be required to
49 defend and to provide for indemnification, subject to appropriations or
50 other funds which are or become legally available for this purpose, of
51 the port authority against any liability of whatsoever form or nature as
52 may be imposed upon the port authority by reason of the ownership,
53 development, operation, maintenance, repair or use thereof or arising
54 otherwise out of the port authority's interest therein; (b) the lessee
55 shall be required to provide for and be responsible for the proper oper-
56 ation, maintenance, repair, and use of such buses and ancillary bus
S. 4623 133
1 facilities leased, transferred or otherwise disposed of pursuant to this
2 part and the port authority shall have no responsibility as to such
3 operation, maintenance, repair or use; and (c) neither the states nor
4 the port authority will apply to any purpose in connection with or
5 relating to the operation, maintenance, repair or use of such bus or
6 ancillary bus facilities leased, transferred or otherwise disposed of
7 pursuant to this part, other than purposes in connection with the utili-
8 zation of other port authority facilities by such buses and passenger
9 information purposes, any of the rentals, tolls, fares, fees, charges,
10 revenues, reserves or other funds of the port authority which have been
11 or shall be pledged in whole or in part as security for obligations as
12 security for which there may be or shall be pledged, in whole or in part
13 the general reserve fund of the port authority.
14 4. Any capital expenditures by the port authority for buses and ancil-
15 lary bus facilities to be leased, sold, transferred or otherwise
16 disposed of pursuant to this part shall be made with the proceeds of
17 consolidated bonds of the port authority, which may be issued to finance
18 such capital expenditures, and such capital expenditures shall be a part
19 of and shall not exceed the allocations for passenger facilities to be
20 made from time to time as determined in accordance with subdivision nine
21 of section twenty-eight hundred one of this part.
22 5. The port authority is authorized and empowered to cooperate with
23 the states of New York and New Jersey, with any municipality thereof,
24 with the federal government and any public authority, agency or commis-
25 sion of the foregoing or with any one or more of them or with any other
26 person to the extent that it finds it necessary and desirable to do so
27 in connection with the acquisition, development, financing, leasing,
28 sale, transfer or other disposition of buses and ancillary bus facili-
29 ties and to enter into an agreement or agreements (and from time to time
30 to enter into agreements amending or supplementing the same) with said
31 states, municipalities, federal government, public authorities, agen-
32 cies, commissions and persons or with any one or more of them for or
33 relating to such purposes.
34 6. Notwithstanding any contrary provision of law, general, special or
35 local, either state or any municipality, public authority, agency, or
36 commission of either or both of said two states or any other person is
37 authorized and empowered to cooperate with the port authority and to
38 enter into an agreement or agreements (and from time to time to enter
39 into agreements amending or supplementing the same) with the port
40 authority including but not limited to the agreements with respect to
41 buses and ancillary bus facilities leased, transferred or otherwise
42 disposed of pursuant to this part, upon such reasonable terms and condi-
43 tions as determined by such state, municipality, public authority, agen-
44 cy, commission or person and the port authority.
45 7. Any consent by a municipality shall be given and the terms, condi-
46 tions and execution by a municipality of any agreement, deed, lease,
47 conveyance or other instrument pursuant to this subdivision or any other
48 subdivision of this section shall be authorized in the manner provided
49 in article twenty-two of the compact of April thirtieth, nineteen
50 hundred twenty-one between the two states creating the port authority,
51 except that as to towns in the state of New York, such consent shall be
52 authorized in the manner provided in the town law and as to counties in
53 the state of New Jersey, such consent shall be authorized in the manner
54 provided in New Jersey statutes annotated, title forty: chapter one,
55 section one, et seq. The terms and conditions and execution by either
56 state of any agreement, consent, designation, determination, deed,
S. 4623 134
1 lease, conveyance or other instrument pursuant to this subdivision or
2 any other subdivision of this section shall be effective if authorized
3 by the governor of such state. The powers herein granted to either state
4 or any municipality, public authority, agency or commission shall be
5 construed to be in aid of and not in limitation or in derogation of any
6 such powers heretofore or hereafter conferred upon or granted to such
7 state, municipality, public authority, agency or commission. Any consent
8 by a public authority, agency or commission shall be effective if given
9 by such public authority, agency or commission.
10 8. The port authority shall be required to pay no taxes or assessments
11 upon any of the property, real or personal, acquired or used by it for
12 any purpose of this part or upon any lease, deed, mortgage or other
13 instrument affecting such property or upon the recording of any instru-
14 ment made in connection with the acquisition, development, financing,
15 lease, sale, transfer or other disposition or use of such property.
16 9. The port authority shall not be subject to the jurisdiction of any
17 municipality, public authority, agency or commission of either or both
18 of the two states in connection with the acquisition, development,
19 financing, lease, sale, transfer or other disposition of buses, ancil-
20 lary bus facilities or otherwise in connection with the purposes of this
21 part.
22 10. The acquisition, development, financing, leasing, sale, transfer
23 or other disposition by the port authority of buses and ancillary bus
24 facilities in accordance with this part are and will be in all respects
25 for the benefit of the people of the said two states, for the increase
26 of their commerce and prosperity and for the improvement of their
27 health, safety and living conditions and shall be deemed to be public
28 purposes; and the port authority shall be regarded as performing an
29 essential governmental function in undertaking such acquisition, devel-
30 opment, financing, leasing, sale, transfer or other disposition or
31 otherwise carrying out the provisions of this part.
32 11. Any declarations contained herein with respect to the governmental
33 nature and public purposes of the facilities authorized by this part and
34 to the exemption of such facilities and instruments relating thereto
35 from taxation and to the discretion of the port authority with respect
36 to said facilities shall not be construed to imply that other port
37 authority facilities, property and operations are not of a governmental
38 nature or do not serve public purposes, or that they are subject to
39 taxation, or that the determinations of the port authority with respect
40 thereto are not conclusive.
41 12. This subdivision and the preceding subdivisions hereof constitute
42 an agreement between the states of New York and New Jersey supplementary
43 to the compact between the two states dated April thirtieth, nineteen
44 hundred twenty-one and amendatory thereof, and shall be liberally
45 construed to effectuate the purposes of said compact and of the compre-
46 hensive plan heretofore adopted by the two states, and the powers grant-
47 ed to the port authority shall be construed to be in aid of and not in
48 limitation or in derogation of any other powers heretofore conferred
49 upon or granted to the port authority.
50 PART XXIX
51 GENERAL RESERVE FUND
52 Section 2901. Definitions.
53 2902. Establishment of general reserve fund.
54 2903. Effective date.
S. 4623 135
1 § 2901. Definitions. As used in this part:
2 (a) "Port authority" means the port of New York authority created by
3 the compact of April thirtieth, nineteen hundred twenty-one, between the
4 states of New York and New Jersey and continued by part I of this arti-
5 cle.
6 (b) "Bonds legal for investment" means bonds or other obligations or
7 securities of the port authority, in which savings banks in both of the
8 two said states are now or may hereafter be authorized to invest funds
9 within their control.
10 (c) "Terminal and/or transportation facilities" means terminal and/or
11 transportation facilities as used in the said compact of April thirti-
12 eth, nineteen hundred twenty-one, and as defined in subdivisions eleven
13 and twelve of section one hundred three of this article.
14 (d) "Surplus revenues" means, in the case of each terminal or trans-
15 portation facility, the balance of the revenues therefrom remaining at
16 any time currently in the hands of the port authority after the
17 deduction of the current expenses of the operation and maintenance ther-
18 eof, including a proper proportion of the general expenses of the port
19 authority, and after the deduction of any amounts which the port author-
20 ity may or shall be obligated or may or shall have obligated itself to
21 pay or to set aside out of the current revenues therefrom for the bene-
22 fit of the holders of any bonds legal for investment, and after the
23 deduction of any amounts currently due to the two said states on account
24 of any advances made by the two said states to the port authority in aid
25 of the effectuation of such terminal or transportation facility.
26 § 2902. Establishment of general reserve fund. In all cases where the
27 port authority has raised or shall hereafter raise moneys for the estab-
28 lishment, acquisition, construction or effectuation of terminal and/or
29 transportation facilities by the issue and sale of bonds legal for
30 investment, as herein defined and limited, the surplus revenues received
31 by or accruing to the port authority from or in connection with the
32 operation of such terminal and/or transportation facilities built in
33 whole or in part by the proceeds of the sale of such bonds shall be
34 pooled and applied by it to the establishment and maintenance of a
35 general reserve fund in an amount equal to one-tenth (1/10) of the par
36 value of all bonds legal for investment, as herein defined and limited,
37 issued by the port authority and currently outstanding. The moneys in
38 the said general reserve fund may be pledged in whole or in part by the
39 port authority as security for or applied by it to the repayment with
40 interest of any moneys which it has raised or may hereafter raise upon
41 any bonds, legal or investment, as herein defined and limited, and made
42 and issued by it for any of its lawful purposes; and the said moneys may
43 be applied by the port authority to the fulfillment of any other under-
44 takings which it has assumed or may or shall hereafter assume to or for
45 the benefit of the holders of any of such bonds.
46 Any surplus revenues not required for the establishment and mainte-
47 nance of the aforesaid general reserve fund shall be used for such
48 purposes as may hereafter be directed by the two said states.
49 § 2903. Effective date. This part shall take effect upon the enactment
50 into law by the state of New Jersey of legislation having an identical
51 effect with this act, but if the State of New Jersey has already enacted
52 such legislation, this act shall take effect immediately.
53 ARTICLE II
54 THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
55 NEW JERSEY COMPACT
56 PART I
S. 4623 136
1 THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
2 NEW JERSEY COMPACT
3 Section 3001. Compact.
4 3002. Findings and declarations.
5 3003. Definitions.
6 3004. Waterfront and airport commission of New York and New
7 Jersey.
8 3005. General powers of commission.
9 3006. Pier superintendents and hiring agents.
10 3007. Stevedores.
11 3008. Prohibition of public loading.
12 3009. Longshoreman.
13 3010. Regularization of longshoremen's employment.
14 3011. Port watchmen.
15 3012. Hearings, determinations and review.
16 3013. Employment information centers.
17 3014. Expenses of administration.
18 3015. General violations; prosecutions; penalties.
19 3016. Collective bargaining safeguarded.
20 3017. Amendments; construction; short title.
21 § 3001. Compact. The "waterfront and airport commission of New York
22 and New Jersey compact" as first enacted by chapter eight hundred eight-
23 y-two of the laws of nineteen hundred fifty-three is hereby continued to
24 read as follows. The state of New York hereby agrees with the state of
25 New Jersey, upon the enactment by the state of New Jersey of legislation
26 having the same effect as this section, to the following compact.
27 § 3002. Findings and declarations. 1. The states of New York and New
28 Jersey hereby find and declare that the conditions under which water-
29 front labor is employed within the port of New York district are
30 depressing and degrading to such labor, resulting from the lack of any
31 systematic method of hiring, the lack of adequate information as to the
32 availability of employment, corrupt hiring practices and the fact that
33 persons conducting such hiring are frequently criminals and persons
34 notoriously lacking in moral character and integrity and neither respon-
35 sive or responsible to the employers nor to the uncoerced will of the
36 majority of the members of the labor organizations of the employees;
37 that as a result waterfront laborers suffer from irregularity of employ-
38 ment, fear and insecurity, inadequate earnings, an unduly high accident
39 rate, subjection to borrowing at usurious rates of interest, exploita-
40 tion and extortion as the price of securing employment and a loss of
41 respect for the law; that not only does there result a destruction of
42 the dignity of an important segment of American labor, but a direct
43 encouragement of crime which imposes a levy of greatly increased costs
44 on food, fuel and other necessaries handled in and through the port of
45 New York district.
46 2. The states of New York and New Jersey hereby find and declare that
47 many of the evils above described result not only from the causes above
48 described but from the practices of public loaders at piers and other
49 waterfront terminals; that such public loaders serve no valid economic
50 purpose and operate as parasites exacting a high and unwarranted toll on
51 the flow of commerce in and through the port of New York district, and
52 have used force and engaged in discriminatory and coercive practices
53 including extortion against persons not desiring to employ them; and
54 that the function of loading and unloading trucks and other land vehi-
S. 4623 137
1 cles at piers and other waterfront terminals can and should be
2 performed, as in every other major American port, without the evils and
3 abuses of the public loader system, and by the carriers of freight by
4 water, stevedores and operators of such piers and other waterfront
5 terminals or the operators of such trucks or other land vehicles.
6 3. The states of New York and New Jersey hereby find and declare that
7 many of the evils above described result not only from the causes above
8 described but from the lack of regulation of the occupation of steve-
9 dores; that such stevedores have engaged in corrupt practices to induce
10 their hire by carriers of freight by water and to induce officers and
11 representatives of labor organizations to betray their trust to the
12 members of such labor organizations.
13 4. The states of New York and New Jersey hereby find and declare that
14 the occupations of longshoremen, stevedores, pier superintendents,
15 hiring agents and port watchmen are affected with a public interest
16 requiring their regulation and that such regulation shall be deemed an
17 exercise of the police power of the two states for the protection of the
18 public safety, welfare, prosperity, health, peace and living conditions
19 of the people of the two states.
20 § 3003. Definitions. As used in this compact:
21 1. "The port of New York district" shall mean the district created by
22 article II of the compact dated April thirtieth, nineteen hundred twen-
23 ty-one, between the states of New York and New Jersey, authorized by
24 chapter one hundred fifty-four of the laws of New York of nineteen
25 hundred twenty-one and continued by article I of this chapter, and chap-
26 ter one hundred fifty-one of the laws of New Jersey of nineteen hundred
27 twenty-one.
28 2. "Commission" shall mean the waterfront and airport commission of
29 New York and New Jersey established by section three thousand four of
30 this part.
31 3. "Pier" shall include any wharf, pier, dock or quay.
32 4. "Other waterfront terminal" shall include any warehouse, depot or
33 other terminal (other than a pier) which is located within one thousand
34 yards of any pier in the port of New York district and which is used for
35 waterborne freight in whole or substantial part.
36 5. "Person" shall mean not only a natural person but also any partner-
37 ship, joint venture, association, corporation or any other legal entity
38 but shall not include the United States, any state or territory thereof
39 or any department, division, board, commission or authority of one or
40 more of the foregoing.
41 6. "Carrier of freight by water" shall mean any person who may be
42 engaged or who may hold himself out as willing to be engaged, whether as
43 a common carrier, as a contract carrier or otherwise (except for
44 carriage of liquid cargoes in bulk in tank vessels designed for use
45 exclusively in such service or carriage by barge of bulk cargoes
46 consisting of only a single commodity loaded or carried without wrappers
47 or containers and delivered by the carrier without transportation mark
48 or count) in the carriage of freight by water between any point in the
49 port of New York district and a point outside said district.
50 7. "Waterborne freight" shall mean freight carried by or consigned for
51 carriage by carriers of freight by water.
52 8. "Longshoreman" shall mean a natural person, other than a hiring
53 agent, who is employed for work at a pier or other waterfront terminal,
54 either by a carrier of freight by water or by a stevedore:
55 (a) physically to move waterborne freight on vessels berthed at piers,
56 on piers or at other waterfront terminals, or
S. 4623 138
1 (b) to engage in direct and immediate checking of any such freight or
2 of the custodial accounting therefor or in the recording or tabulation
3 of the hours worked at piers or other waterfront terminals by natural
4 persons employed by carriers of freight by water or stevedores, or
5 (c) to supervise directly and immediately others who are employed as
6 in subdivision (a) of this section.
7 9. "Pier superintendent" shall mean any natural person other than a
8 longshoreman who is employed for work at a pier or other waterfront
9 terminal by a carrier of freight by water or a stevedore and whose work
10 at such pier or other waterfront terminal includes the supervision,
11 directly or indirectly, of the work of longshoremen.
12 10. "Port watchman" shall include any watchman, gateman, roundsman,
13 detective, guard, guardian or protector of property employed by the
14 operator of any pier or other waterfront terminal or by a carrier of
15 freight by water to perform services in such capacity on any pier or
16 other waterfront terminal.
17 11. "Longshoremen's register" shall mean the register of eligible
18 longshoremen compiled and maintained by the commission pursuant to
19 section three thousand nine of this part.
20 12. "Stevedore" shall mean a contractor (not including an employee)
21 engaged for compensation pursuant to a contract or arrangement with a
22 carrier of freight by water, in moving waterborne freight carried or
23 consigned for carriage by such carrier on vessels of such carrier
24 berthed at piers, on piers at which such vessels are berthed or at other
25 waterfront terminals.
26 13. "Hiring agent" shall mean any natural person, who on behalf of a
27 carrier of freight by water or a stevedore shall select any longshoreman
28 for employment.
29 14. "Compact" shall mean this compact and rules or regulations
30 lawfully promulgated thereunder.
31 § 3004. Waterfront and airport commission of New York and New Jersey.
32 1. There is hereby created the waterfront and airport commission of New
33 York and New Jersey, which shall be a body corporate and politic, an
34 instrumentality of the states of New York and New Jersey.
35 2. The commission shall consist of four members, two to be chosen by
36 the state of New Jersey and two to be chosen by the state of New York.
37 The members representing each state shall be appointed by the governor
38 of such state with the advice and consent of the senate thereof, without
39 regard to the state of residence of such members, and shall receive
40 compensation to be fixed by the governor of such state. The term of
41 office of each member shall be for four years; provided, however, that
42 the two present members of the commission heretofore appointed shall
43 continue to serve as members until the expiration of the respective
44 terms for which they were appointed, that the term of the two new
45 members shall expire on June thirtieth, nineteen hundred seventy-three,
46 and that the term of the successors to the present members shall expire
47 on June thirtieth, nineteen hundred seventy-five. Each member shall
48 hold office until his successor has been appointed and qualified.
49 Vacancies in office shall be filled for the balance of the unexpired
50 term in the same manner as original appointments.
51 3. Three members of the commission shall constitute a quorum; but the
52 commission shall act only by a majority vote of all its members. Any
53 member may, by written instrument filed in the office of the commission,
54 designate any officer or employee of the commission to act in his place
55 as a member whenever he shall be unable to attend a meeting of the
56 commission. A vacancy in the office of a member shall not impair such
S. 4623 139
1 designation until the vacancy shall have been filled. The commission
2 shall elect one of its members to serve as chairman for a term of one
3 year; provided, however, that the term of the first chairman shall
4 expire on June thirtieth, nineteen hundred seventy-one. The chairman
5 shall represent a state other than the state represented by the imme-
6 diately preceding chairman.
7 § 3005. General powers of commission. In addition to the powers and
8 duties elsewhere prescribed in this compact, the commission shall have
9 the power:
10 1. To sue and be sued;
11 2. To have a seal and alter the same at pleasure;
12 3. To acquire, hold and dispose of real and personal property by gift,
13 purchase, lease, license or other similar manner, for its corporate
14 purposes;
15 4. To determine the location, size and suitability of accommodations
16 necessary and desirable for the establishment and maintenance of the
17 employment information centers provided in section three thousand thir-
18 teen of this part and for administrative offices for the commission;
19 5. To appoint such officers, agents and employees as it may deem
20 necessary, prescribe their powers, duties and qualifications and fix
21 their compensation and retain and employ counsel and private consultants
22 on a contract basis or otherwise;
23 6. To administer and enforce the provisions of this compact;
24 7. To make and enforce such rules and regulations as the commission
25 may deem necessary to effectuate the purposes of this compact or to
26 prevent the circumvention or evasion thereof, to be effective upon
27 publication in the manner which the commission shall prescribe and upon
28 filing in the office of the secretary of state of each state. A certi-
29 fied copy of any such rules and regulations, attested as true and
30 correct by the commission, shall be presumptive evidence of the regular
31 making, adoption, approval and publication thereof;
32 8. By its members and its properly designated officers, agents and
33 employees, to administer oaths and issue subpoenas to compel the attend-
34 ance of witnesses and the giving of testimony and the production of
35 other evidence;
36 9. To have for its members and its properly designated officers,
37 agents and employees, full and free access, ingress and egress to and
38 from all vessels, piers and other waterfront terminals or other places
39 in the port of New York district, for the purposes of making inspection
40 or enforcing the provisions of this compact; and no person shall
41 obstruct or in any way interfere with any such member, officer, employee
42 or agent in the making of such inspection, or in the enforcement of the
43 provisions of this compact or in the performance of any other power or
44 duty under this compact;
45 10. To recover possession of any suspended or revoked license issued
46 under this compact;
47 11. To make investigations, collect and compile information concerning
48 waterfront practices generally within the port of New York district and
49 upon all matters relating to the accomplishment of the objectives of
50 this compact;
51 12. To advise and consult with representatives of labor and industry
52 and with public officials and agencies concerned with the effectuation
53 of the purposes of this compact, upon all matters which the commission
54 may desire, including but not limited to the form and substance of rules
55 and regulations, the administration of the compact, maintenance of the
56 longshoremen's register, and issuance and revocation of licenses;
S. 4623 140
1 13. To make annual and other reports to the governors and legislatures
2 of both states containing recommendations for the improvement of the
3 conditions of waterfront labor within the port of New York district, for
4 the alleviation of the evils described in section three thousand two of
5 this part and for the effectuation of the purposes of this compact.
6 Such annual reports shall state the commission's finding and determi-
7 nation as to whether the public necessity still exists for (a) the
8 continued registration of longshoremen, (b) the continued licensing of
9 any occupation or employment required to be licensed hereunder and (c)
10 the continued public operation of the employment information centers
11 provided for in section three thousand thirteen of this part.
12 14. To cooperate with and receive from any department, division,
13 bureau, board, commission, or agency of either or both states, or of any
14 county or municipality thereof, such assistance and data as will enable
15 it properly to carry out its powers and duties hereunder; and to
16 request any such department, division, bureau, board, commission, or
17 agency, with the consent thereof, to execute such of its functions and
18 powers, as the public interest may require.
19 15. The powers and duties of the commission may be exercised by offi-
20 cers, employees and agents designated by them, except the power to make
21 rules and regulations. The commission shall have such additional powers
22 and duties as may hereafter be delegated to or imposed upon it from time
23 to time by the action of the legislature of either state concurred in by
24 the legislature of the other.
25 § 3006. Pier superintendents and hiring agents. 1. On or after the
26 first day of December, nineteen hundred fifty-three, no person shall act
27 as a pier superintendent or as a hiring agent within the port of New
28 York district without first having obtained from the commission a
29 license to act as such pier superintendent or hiring agent, as the case
30 may be, and no person shall employ or engage another person to act as a
31 pier superintendent or hiring agent who is not so licensed.
32 2. A license to act as a pier superintendent or hiring agent shall be
33 issued only upon the written application, under oath, of the person
34 proposing to employ or engage another person to act as such pier super-
35 intendent or hiring agent, verified by the prospective licensee as to
36 the matters concerning him, and shall state the following:
37 (a) The full name and business address of the applicant;
38 (b) The full name, residence, business address (if any), place and
39 date of birth and social security number of the prospective licensee;
40 (c) The present and previous occupations of the prospective licensee,
41 including the places where he was employed and the names of his employ-
42 ers;
43 (d) Such further facts and evidence as may be required by the commis-
44 sion to ascertain the character, integrity and identity of the prospec-
45 tive licensee; and
46 (e) That if a license is issued to the prospective licensee, the
47 applicant will employ such licensee as pier superintendent or hiring
48 agent, as the case may be.
49 3. No such license shall be granted
50 (a) Unless the commission shall be satisfied that the prospective
51 licensee possesses good character and integrity;
52 (b) If the prospective licensee has, without subsequent pardon, been
53 convicted by a court of the United States, or any state or territory
54 thereof, of the commission of, or the attempt or conspiracy to commit,
55 treason, murder, manslaughter or any felony or high misdemeanor or any
56 of the following misdemeanors or offenses: illegally using, carrying or
S. 4623 141
1 possessing a pistol or other dangerous weapon; making or possessing
2 burglar's instruments; buying or receiving stolen property; unlawful
3 entry of a building; aiding an escape from prison; unlawfully possess-
4 ing, possessing with intent to distribute, sale or distribution of a
5 controlled dangerous substance (controlled substance) or, in New Jersey,
6 a controlled dangerous substance analog (controlled substance analog);
7 and violation of this compact. Any such prospective licensee ineligible
8 for a license by reason of any such conviction may submit satisfactory
9 evidence to the commission that he has for a period of not less than
10 five years, measured as hereinafter provided, and up to the time of
11 application, so conducted himself as to warrant the grant of such
12 license, in which event the commission may, in its discretion, issue an
13 order removing such ineligibility. The aforesaid period of five years
14 shall be measured either from the date of payment of any fine imposed
15 upon such person or the suspension of sentence or from the date of his
16 unrevoked release from custody by parole, commutation or termination of
17 his sentence;
18 (c) If the prospective licensee knowingly or wilfully advocates the
19 desirability of overthrowing or destroying the government of the United
20 States by force or violence or shall be a member of a group which advo-
21 cates such desirability, knowing the purposes of such group include such
22 advocacy.
23 4. When the application shall have been examined and such further
24 inquiry and investigation made as the commission shall deem proper and
25 when the commission shall be satisfied therefrom that the prospective
26 licensee possesses the qualifications and requirements prescribed in
27 this section, the commission shall issue and deliver to the prospective
28 licensee a license to act as pier superintendent or hiring agent for the
29 applicant, as the case may be, and shall inform the applicant of his
30 action. The commission may issue a temporary permit to any prospective
31 licensee for a license under the provisions of this section pending
32 final action on an application made for such a license. Any such permit
33 shall be valid for a period not in excess of thirty days.
34 5. No person shall be licensed to act as a pier superintendent or
35 hiring agent for more than one employer, except at a single pier or
36 other waterfront terminal, but nothing in this section shall be
37 construed to limit in any way the number of pier superintendents or
38 hiring agents any employer may employ.
39 6. A license granted pursuant to this section shall continue through
40 the duration of the licensee's employment by the employer who shall have
41 applied for his license.
42 7. Any license issued pursuant to this section may be revoked or
43 suspended for such period as the commission deems in the public interest
44 or the licensee thereunder may be reprimanded for any of the following
45 offenses:
46 (a) Conviction of a crime or act by the licensee or other cause which
47 would require or permit his disqualification from receiving a license
48 upon original application;
49 (b) Fraud, deceit or misrepresentation in securing the license, or in
50 the conduct of the licensed activity;
51 (c) Violation of any of the provisions of this section;
52 (d) Conviction of a crime involving unlawfully possessing, possession
53 with intent to distribute, sale or distribution of a controlled danger-
54 ous substance (controlled substance) or, in New Jersey, a controlled
55 dangerous substance analog (controlled substance analog);
S. 4623 142
1 (e) Employing, hiring or procuring any person in violation of this
2 section or inducing or otherwise aiding or abetting any person to
3 violate the terms of this section;
4 (f) Paying, giving, causing to be paid or given or offering to pay or
5 give to any person any valuable consideration to induce such other
6 person to violate any provision of this section or to induce any public
7 officer, agent or employee to fail to perform his duty hereunder;
8 (g) Consorting with known criminals for an unlawful purpose;
9 (h) Transfer or surrender of possession of the license to any person
10 either temporarily or permanently without satisfactory explanation;
11 (i) False impersonation of another licensee under this section;
12 (j) Receipt or solicitation of anything of value from any person other
13 than the licensee's employer as consideration for the selection or
14 retention for employment of any longshoreman;
15 (k) Coercion of a longshoreman by threat of discrimination or violence
16 or economic reprisal, to make purchases from or to utilize the services
17 of any person;
18 (l) Lending any money to or borrowing any money from a longshoreman
19 for which there is a charge of interest or other consideration; and
20 (m) Membership in a labor organization which represents longshoremen
21 or port watchmen; but nothing in this subdivision shall be deemed to
22 prohibit pier superintendents or hiring agents from being represented by
23 a labor organization or organizations which do not also represent long-
24 shoremen or port watchmen. The American Federation of Labor, the
25 Congress of Industrial Organizations and any other similar federation,
26 congress or other organization of national or international occupational
27 or industrial labor organizations shall not be considered an organiza-
28 tion which represents longshoremen or port watchmen within the meaning
29 of this section although one of the federated or constituent labor
30 organizations thereof may represent longshoremen or port watchmen.
31 § 3007. Stevedores. 1. On or after the first day of December, nine-
32 teen hundred fifty-three, no person shall act as a stevedore within the
33 port of New York district without having first obtained a license from
34 the commission, and no person shall employ a stevedore to perform
35 services as such within the port of New York district unless the steve-
36 dore is so licensed.
37 2. Any person intending to act as a stevedore within the port of New
38 York district shall file in the office of the commission a written
39 application for a license to engage in such occupation, duly signed and
40 verified as follows:
41 (a) If the applicant is a natural person, the application shall be
42 signed and verified by such person and if the applicant is a partner-
43 ship, the application shall be signed and verified by each natural
44 person composing or intending to compose such partnership. The applica-
45 tion shall state the full name, age, residence, business address (if
46 any), present and previous occupations of each natural person so signing
47 the same, and any other facts and evidence as may be required by the
48 commission to ascertain the character, integrity and identity of each
49 natural person so signing such application.
50 (b) If the applicant is a corporation, the application shall be signed
51 and verified by the president, secretary and treasurer thereof, and
52 shall specify the name of the corporation, the date and place of its
53 incorporation, the location of its principal place of business, the
54 names and addresses of, and the amount of the stock held by stockholders
55 owning 5 per cent or more of any of the stock thereof, and of all offi-
56 cers (including all members of the board of directors). The require-
S. 4623 143
1 ments of paragraph (a) of this subdivision as to a natural person who is
2 a member of a partnership, and such requirements as may be specified in
3 rules and regulations promulgated by the commission, shall apply to each
4 such officer or stockholder and their successors in office or interest
5 as the case may be.
6 (c) In the event of the death, resignation or removal of any officer,
7 and in the event of any change in the list of stockholders who shall own
8 five per cent or more of the stock of the corporation, the secretary of
9 such corporation shall forthwith give notice of that fact in writing to
10 the commission, certified by said secretary.
11 3. No such license shall be granted
12 (a) If any person whose signature or name appears in the application
13 is not the real party in interest required by subdivision two of this
14 section to sign or to be identified in the application or if the person
15 so signing or named in the application is an undisclosed agent or trus-
16 tee for any such real party in interest;
17 (b) Unless the commission shall be satisfied that the applicant and
18 all members, officers and stockholders required by subdivision two of
19 this section to sign or be identified in the application for license
20 possess good character and integrity;
21 (c) Unless the applicant is either a natural person, partnership or
22 corporation;
23 (d) Unless the applicant shall be a party to a contract then in force
24 or which will take effect upon the issuance of a license, with a carrier
25 of freight by water for the loading and unloading by the applicant of
26 one or more vessels of such carrier at a pier within the port of New
27 York district;
28 (e) If the applicant or any member, officer or stockholder required by
29 subdivision two of this section to sign or be identified in the applica-
30 tion for license has, without subsequent pardon, been convicted by a
31 court of the United States or any state or territory thereof of the
32 commission of, or the attempt or conspiracy to commit, treason, murder,
33 manslaughter or any felony or high misdemeanor or any of the misdemea-
34 nors or offenses described in paragraph (b) of subdivision three of this
35 section. Any applicant ineligible for a license by reason of any such
36 conviction may submit satisfactory evidence to the commission that the
37 person whose conviction was the basis of ineligibility has for a period
38 of not less than five years, measured as hereinafter provided and up to
39 the time of application, so conducted himself as to warrant the grant of
40 such license, in which event the commission may, in its discretion issue
41 an order removing such ineligibility. The aforesaid period of five years
42 shall be measured either from the date of payment of any fine imposed
43 upon such person or the suspension of sentence or from the date of his
44 unrevoked release from custody by parole, commutation or termination of
45 his sentence;
46 (f) If, on or after July first, nineteen hundred fifty-three, the
47 applicant has paid, given, caused to have been paid or given or offered
48 to pay or give to any officer or employee of any carrier of freight by
49 water any valuable consideration for an improper or unlawful purpose or
50 to induce such person to procure the employment of the applicant by such
51 carrier for the performance of stevedoring services;
52 (g) If, on or after July first, nineteen hundred fifty-three, the
53 applicant has paid, given, caused to be paid or given or offered to pay
54 or give to any officer or representative of a labor organization any
55 valuable consideration for an improper or unlawful purpose or to induce
56 such officer or representative to subordinate the interests of such
S. 4623 144
1 labor organization or its members in the management of the affairs of
2 such labor organization to the interests of the applicant.
3 4. When the application shall have been examined and such further
4 inquiry and investigation made as the commission shall deem proper and
5 when the commission shall be satisfied therefrom that the applicant
6 possesses the qualifications and requirements prescribed in this
7 section, the commission shall issue and deliver a license to such appli-
8 cant. The commission may issue a temporary permit to any applicant for
9 a license under the provisions of this article pending final action on
10 an application made for such a license. Any such permit shall be valid
11 for a period not in excess of thirty days.
12 5. A license granted pursuant to this section shall be for a term of
13 two years or fraction of such two year period, and shall expire on the
14 first day of December of each odd numbered year. In the event of the
15 death of the licensee, if a natural person, or its termination or
16 dissolution by reason of the death of a partner, if a partnership, or if
17 the licensee shall cease to be a party to any contract of the type
18 required by paragraph (d) of subdivision three of this section, the
19 license shall terminate ninety days after such event or upon its expira-
20 tion date, whichever shall be sooner. A license may be renewed by the
21 commission for successive two year periods upon fulfilling the same
22 requirements as are set forth in this section for an original applica-
23 tion.
24 6. Any license issued pursuant to this section may be revoked or
25 suspended for such period as the commission deems in the public interest
26 or the licensee thereunder may be reprimanded for any of the following
27 offenses on the part of the licensee or of any person required by subdi-
28 vision two of this section to sign or be identified in an original
29 application for a license:
30 (a) Conviction of a crime or other cause which would permit or require
31 disqualification of the licensee from receiving a license upon original
32 application;
33 (b) Fraud, deceit or misrepresentation in securing the license or in
34 the conduct of the licensed activity;
35 (c) Failure by the licensee to maintain a complete set of books and
36 records containing a true and accurate account of the licensee's
37 receipts and disbursements arising out of his activities within the port
38 of New York district;
39 (d) Failure to keep said books and records available during business
40 hours for inspection by the commission and its duly designated represen-
41 tatives until the expiration of the fifth calendar year following the
42 calendar year during which occurred the transactions recorded therein;
43 (e) Any other offense described in paragraphs (c) to (i) inclusive, of
44 subdivision seven of section three thousand six of this part.
45 § 3008. Prohibition of public loading. 1. The states of New York and
46 New Jersey hereby find and declare that the transfer of cargo to and
47 from trucks at piers and other waterfront terminals in the port of New
48 York district has resulted in vicious and notorious abuses by persons
49 commonly known as "public loaders." There is compelling evidence that
50 such persons have exacted the payment of exorbitant charges for their
51 services, real and alleged, and otherwise extorted large sums through
52 force, threats of violence, unauthorized labor disturbances and other
53 coercive activities, and that they had been responsible for and abetted
54 criminal activities on the waterfront. These practices which have
55 developed in the port of New York district impose unjustified costs on
56 the handling of goods in and through the port of New York district, and
S. 4623 145
1 increase the prices paid by consumers for food, fuel and other neces-
2 saries, and impair the economic stability of the port of New York
3 district. It is the sense of the legislatures of the states of New York
4 and New Jersey that these practices and conditions must be eliminated to
5 prevent grave injury to the welfare of the people.
6 2. It is hereby declared to be against the public policy of the states
7 of New York and New Jersey and to be unlawful for any person to load or
8 unload waterborne freight onto or from vehicles other than railroad cars
9 at piers or at other waterfront terminals within the port of New York
10 district, for a fee or other compensation, other than the following
11 persons and their employees:
12 (a) Carriers of freight by water, but only at piers at which their
13 vessels are berthed;
14 (b) Other carriers of freight (including but not limited to railroads
15 and truckers), but only in connection with freight transported or to be
16 transported by such carriers;
17 (c) Operators of piers or other waterfront terminals (including rail-
18 roads, truck terminal operators, warehousemen and other persons), but
19 only at piers or other waterfront terminals operated by them;
20 (d) Shippers or consignees of freight, but only in connection with
21 freight shipped by such shipper or consigned to such consignee;
22 (e) Stevedores licensed under section three thousand eight of this
23 part whether or not such waterborne freight has been or is to be trans-
24 ported by a carrier of freight by water with which such stevedore shall
25 have a contract of the type prescribed by paragraph (d) of subdivision 3
26 of section three thousand seven of this part.
27 Nothing herein contained shall be deemed to permit any such loading or
28 unloading of any waterborne freight at any place by any such person by
29 means of any independent contractor, or any other agent other than an
30 employee, unless such independent contractor is a person permitted by
31 this section to load or unload such freight at such place in his own
32 right.
33 § 3009. Longshoremen. 1. The commission shall establish a
34 longshoremen's register in which shall be included all qualified long-
35 shoremen eligible, as hereinafter provided, for employment as such in
36 the port of New York district. On or after the first day of December,
37 nineteen hundred fifty-three, no person shall act as a longshoreman
38 within the port of New York district unless at the time he is included
39 in the longshoremen's register, and no person shall employ another to
40 work as a longshoreman within the port of New York district unless at
41 the time such other person is included in the longshoremen's register.
42 2. Any person applying for inclusion in the longshoremen's register
43 shall file at such place and in such manner as the commission shall
44 designate a written statement, signed and verified by such person,
45 setting forth his full name, residence address, social security number,
46 and such further facts and evidence as the commission may prescribe to
47 establish the identity of such person and his criminal record, if any.
48 3. The commission may in its discretion deny application for inclusion
49 in the longshoremen's register by a person
50 (a) Who has been convicted by a court of the United States or any
51 state or territory thereof, without subsequent pardon, of treason,
52 murder, manslaughter or of any felony or high misdemeanor or of any of
53 the misdemeanors or offenses described in paragraph (b) of subdivision
54 three of section three thousand six of this part or of attempt or
55 conspiracy to commit any of such crimes;
S. 4623 146
1 (b) Who knowingly or willingly advocates the desirability of over-
2 throwing or destroying the government of the United States by force or
3 violence or who shall be a member of a group which advocates such desir-
4 ability knowing the purposes of such group include such advocacy;
5 (c) Whose presence at the piers or other waterfront terminals in the
6 port of New York district is found by the commission on the basis of the
7 facts and evidence before it, to constitute a danger to the public peace
8 or safety.
9 4. Unless the commission shall determine to exclude the applicant from
10 the longshoremen's register on a ground set forth in subdivision three
11 of this section it shall include such person in the longshoremen's
12 register. The commission may permit temporary registration of any appli-
13 cant under the provisions of this section pending final action on an
14 application made for such registration. Any such temporary registration
15 shall be valid for a period not in excess of thirty days.
16 5. The commission shall have power to reprimand any longshoreman
17 registered under this section or to remove him from the longshoremen's
18 register for such period of time as it deems in the public interest for
19 any of any following offenses:
20 (a) Conviction of a crime or other cause which would permit disquali-
21 fication of such person from inclusion in the longshoremen's register
22 upon original application;
23 (b) Fraud, deceit or misrepresentation in securing inclusion in the
24 longshoremen's register;
25 (c) Transfer or surrender of possession to any person either temporar-
26 ily or permanently of any card or other means of identification issued
27 by the commission as evidence of inclusion in the longshoremen's regis-
28 ter, without satisfactory explanation;
29 (d) False impersonation of another longshoreman registered under this
30 article or of another person licensed under this compact;
31 (e) Wilful commission of or wilful attempt to commit at or on a water-
32 front terminal or adjacent highway any act of physical injury to any
33 other person or of wilful damage to or misappropriation of any other
34 person's property, unless justified or excused by law; and
35 (f) Any other offense described in subdivisions (c) to (f) inclusive
36 of subdivision seven of section three thousand six of this part.
37 6. The commission shall have the right to recover possession of any
38 card or other means of identification issued as evidence of inclusion in
39 the longshoremen's register in the event that the holder thereof has
40 been removed from the longshoremen's register.
41 7. Nothing contained in this article shall be construed to limit in
42 any way any rights of labor reserved by section three thousand sixteen
43 of this part.
44 § 3010. Regularization of longshoremen's employment. 1. On or after
45 the first day of December, nineteen hundred fifty-four, the commission
46 shall, at regular intervals, remove from the longshoremen's register any
47 person who shall have been registered for at least nine months and who
48 shall have failed during the preceding six calendar months either to
49 have worked as a longshoreman in the port of New York district or to
50 have applied for employment as a longshoreman at an employment informa-
51 tion center established under section three thousand thirteen of this
52 part for such minimum number of days as shall have been established by
53 the commission pursuant to subdivision two of this section.
54 2. On or before the first day of June, nineteen hundred fifty-four and
55 on or before each succeeding first day of June or December, the commis-
56 sion shall, for the purposes of subdivision one of this section, estab-
S. 4623 147
1 lish for the six-month period beginning on each such date a minimum
2 number of days and the distribution of such days during such period.
3 3. In establishing any such minimum number of days or period, the
4 commission shall observe the following standards:
5 (a) To encourage as far as practicable the regularization of the
6 employment of longshoremen;
7 (b) To bring the number of eligible longshoremen more closely into
8 balance with the demand for longshoremen's services within the port of
9 New York district without reducing the number of eligible longshoremen
10 below that necessary to meet the requirements of longshoremen in the
11 port of New York district;
12 (c) To eliminate oppressive and evil hiring practices affecting long-
13 shoremen and waterborne commerce in the port of New York district;
14 (d) To eliminate unlawful practices injurious to waterfront labor;
15 and
16 (e) To establish hiring practices and conditions which will permit the
17 termination of governmental regulation and intervention at the earliest
18 opportunity.
19 4. A longshoreman who has been removed from the longshoremen's regis-
20 ter pursuant to this section may seek reinstatement upon fulfilling the
21 same requirements as for initial inclusion in the longshoremen's regis-
22 ter, but not before the expiration of one year from the date of removal,
23 except that immediate reinstatement shall be made upon proper showing
24 that the registrant's failure to work or apply for work the minimum
25 number of days above described was caused by the fact that the regis-
26 trant was engaged in the military service of the United States or was
27 incapacitated by ill health, physical injury, or other good cause.
28 5. Notwithstanding any other provision of this section, the commission
29 shall at any time have the power to register longshoremen on a temporary
30 basis to meet special or emergency needs.
31 § 3011. Port watchmen. 1. On or after the first day of December, nine-
32 teen hundred fifty-three, no person shall act as a port watchman within
33 the port of New York district without first having obtained a license
34 from the commission, and no person shall employ a port watchman who is
35 not so licensed.
36 2. A license to act as a port watchman shall be issued only upon writ-
37 ten application, duly verified, which shall state the following:
38 (a) The full name, residence, business address (if any), place and
39 date of birth and social security number of the applicant;
40 (b) The present and previous occupations of the applicant, including
41 the places where he was employed and the names of his employers;
42 (c) The citizenship of the applicant and, if he is a naturalized citi-
43 zen of the United States, the court and date of his naturalization; and
44 (d) Such further facts and evidence as may be required by the commis-
45 sion to ascertain the character, integrity and identity of the appli-
46 cant.
47 3. No such license shall be granted
48 (a) Unless the commission shall be satisfied that the applicant
49 possesses good character and integrity;
50 (b) If the applicant has, without subsequent pardon, been convicted by
51 a court of the United States or of any state or territory thereof of the
52 commission of, or the attempt or conspiracy to commit, treason, murder,
53 manslaughter or any felony or high misdemeanor or any of the misdemea-
54 nors or offenses described in paragraph (b) of subdivision three of
55 section three thousand six of this part;
S. 4623 148
1 (c) Unless the applicant shall meet such reasonable standards of phys-
2 ical and mental fitness for the discharge of his duties as may from time
3 to time be established by the commission;
4 (d) If the applicant shall be a member of any labor organization which
5 represents longshoremen or pier superintendents or hiring agents; but
6 nothing in this section shall be deemed to prohibit port watchmen from
7 being represented by a labor organization or organizations which do not
8 also represent longshoremen or pier superintendents or hiring agents.
9 The American Federation of Labor, the Congress of Industrial Organiza-
10 tions and any other similar federation, congress or other organization
11 of national or international occupational or industrial labor organiza-
12 tions shall not be considered an organization which represents long-
13 shoremen or pier superintendents or hiring agents within the meaning of
14 this article although one of the federated or constituent labor organ-
15 izations thereof may represent longshoremen or pier superintendents or
16 hiring agents;
17 (e) If the applicant knowingly or wilfully advocates the desirability
18 of overthrowing or destroying the government of the United States by
19 force or violence or shall be a member of a group which advocates such
20 desirability, knowing the purposes of such group include such advocacy.
21 4. When the application shall have been examined and such further
22 inquiry and investigation made as the commission shall deem proper and
23 when the commission shall be satisfied therefrom that the applicant
24 possesses the qualifications and requirements prescribed by this section
25 and regulations issued pursuant thereto, the commission shall issue and
26 deliver a license to the applicant. The commission may issue a tempo-
27 rary permit to any applicant for a license under the provisions of this
28 section pending final action on an application made for such a license.
29 Any such permit shall be valid for a period not in excess of thirty
30 days.
31 5. A license granted pursuant to this section shall continue for a
32 term of three years. A license may be renewed by the commission for
33 successive three-year periods upon fulfilling the same requirements as
34 are set forth in this section for an original application.
35 6. Any license issued pursuant to this section may be revoked or
36 suspended for such period as the commission deems in the public interest
37 or the licensee thereunder may be reprimanded for any of the following
38 offenses:
39 (a) Conviction of a crime or other cause which would permit or require
40 his disqualification from receiving a license upon original application;
41 (b) Fraud, deceit or misrepresentation in securing the license; and
42 (c) Any other offense described in subdivisions (c) to (i), inclusive,
43 of subdivision seven of section three thousand six of this part.
44 § 3012. Hearings, determinations and review. 1. The commission shall
45 not deny any application for a license or registration without giving
46 the applicant or prospective licensee reasonable prior notice and an
47 opportunity to be heard.
48 2. Any application for a license or for inclusion in the
49 longshoremen's register, and any license issued or registration made,
50 may be denied, revoked, cancelled, suspended as the case may be, only in
51 the manner prescribed in this section.
52 3. The commission may on its own initiative or on complaint of any
53 person, including any public official or agency, institute proceedings
54 to revoke, cancel or suspend any license or registration after a hearing
55 at which the licensee or registrant and any person making such complaint
56 shall be given an opportunity to be heard, provided that any order of
S. 4623 149
1 the commission revoking, cancelling or suspending any license or regis-
2 tration shall not become effective until fifteen days subsequent to the
3 serving of notice thereof upon the licensee or registrant unless in the
4 opinion of the commission the continuance of the license or registration
5 for such period would be inimicable to the public peace or safety. Such
6 hearings shall be held in such manner and upon such notice as may be
7 prescribed by the rules of the commission, but such notice shall be of
8 not less than ten days and shall state the nature of the complaint.
9 4. Pending the determination of such hearing pursuant to subdivision
10 three of this section the commission may temporarily suspend a license
11 or registration if in the opinion of the commission the continuance of
12 the license or registration for such period is inimicable to the public
13 peace or safety.
14 5. The commission, or such member, officer, employee or agent of the
15 commission as may be designated by the commission for such purpose,
16 shall have the power to issue subpoenas to compel the attendance of
17 witnesses and the giving of testimony or production of other evidence
18 and to administer oaths in connection with any such hearing. It shall be
19 the duty of the commission or of any such member, officer, employee or
20 agent of the commission designated by the commission for such purpose to
21 issue subpoenas at the request of and upon behalf of the licensee,
22 registrant or applicant. The commission or such person conducting the
23 hearing shall not be bound by common law or statutory rules of evidence
24 or by technical or formal rules of procedure in the conduct of such
25 hearing.
26 6. Upon the conclusion of the hearing, the commission shall take such
27 action upon such findings and determination as it deems proper and shall
28 execute an order carrying such findings into effect. The action in the
29 case of an application for a license or registration shall be the grant-
30 ing or denial thereof. The action in the case of a licensee shall be
31 revocation of the license or suspension thereof for a fixed period or
32 reprimand or a dismissal of the charges. The action in the case of a
33 registered longshoreman shall be dismissal of the charges, reprimand or
34 removal from the longshoremen's register for a fixed period or perma-
35 nently.
36 7. The action of the commission in denying any application for a
37 license or in refusing to include any person in the longshoremen's
38 register under this compact or in suspending or revoking such license or
39 removing any person from the longshoremen's register or in reprimanding
40 a licensee or registrant shall be subject to judicial review by a
41 proceeding instituted in either state at the instance of the applicant,
42 licensee or registrant in the manner provided by the law of such state
43 for review of the final decision or action of administrative agencies of
44 such state, provided, however, that notwithstanding any other provision
45 of law the court shall have power to stay for not more than thirty days
46 an order of the commission suspending or revoking a license or removing
47 a longshoreman from the longshoremen's register.
48 § 3013. Employment information centers. 1. The states of New York and
49 New Jersey hereby find and declare that the method of employment of
50 longshoremen and port watchmen in the port of New York district, common-
51 ly known as the "shape-up", has resulted in vicious and notorious
52 abuses, of which such employees have been the principal victims. There
53 is compelling evidence that the "shape-up" has permitted and encouraged
54 extortion from employees as the price of securing or retaining employ-
55 ment and has subjected such employees to threats of violence, unwilling
56 joinder in unauthorized labor disturbances and criminal activities on
S. 4623 150
1 the waterfront. The "shape-up" has thus resulted in a loss of fundamen-
2 tal rights and liberties of labor, has impaired the economic stability
3 of the port of New York district and weakened law enforcement therein.
4 It is the sense of the legislatures of the states of New York and New
5 Jersey that these practices and conditions must be eliminated to prevent
6 grave injury to the welfare of waterfront laborers and of the people at
7 large and that the elimination of the "shape-up" and the establishment
8 of a system of employment information centers are necessary to a
9 solution of these public problems.
10 2. The commission shall establish and maintain one or more employment
11 information centers in each state within the port of New York district
12 at such locations as it may determine. No person shall, directly or
13 indirectly, hire any person for work as a longshoreman or port watchman
14 within the port of New York district, except through such particular
15 employment information center or centers as may be prescribed by the
16 commission. No person shall accept any employment as a longshoreman or
17 port watchman within the port of New York district, except through such
18 an employment information center. At each such employment information
19 center the commission shall keep and exhibit the longshoremen's register
20 and any other records it shall determine to the end that longshoremen
21 and port watchmen shall have the maximum information as to available
22 employment as such at any time within the port of New York district and
23 to the end that employers shall have an adequate opportunity to fill
24 their requirements of registered longshoremen and port watchmen at all
25 times.
26 3. Every employer of longshoremen or port watchmen within the port of
27 New York district shall furnish such information as may be required by
28 the rules and regulations prescribed by the commission with regard to
29 the name of each person hired as a longshoreman or port watchman, the
30 time and place of hiring, the time, place and hours of work, and the
31 compensation therefor.
32 4. All wage payments to longshoremen or port watchmen for work as such
33 shall be made by check or cash evidenced by a written voucher receipted
34 by the person to whom such cash is paid. The commission may arrange for
35 the provision of facilities for cashing such checks.
36 § 3014. Expenses of administration. 1. By concurrent legislation
37 enacted by their respective legislatures, the two states may provide
38 from time to time for meeting the commission's expenses. Until other
39 provision shall be made, such expense shall be met as authorized in this
40 section.
41 2. The commission shall annually adopt a budget of its expenses for
42 each year. Each budget shall be submitted to the governors of the two
43 states and shall take effect as submitted provided that either governor
44 may within thirty days disapprove or reduce any item or items, and the
45 budget shall be adjusted accordingly.
46 3. After taking into account such funds as may be available to it from
47 reserves, federal grants or otherwise, the balance of the commission's
48 budgeted expenses shall be assessed upon employers of persons registered
49 or licensed under this compact. Each such employer shall pay to the
50 commission as assessment computed upon the gross payroll payments made
51 by such employer to longshoremen, pier superintendents, hiring agents
52 and port watchmen for work or labor performed within the port of New
53 York district, at a rate, not in excess of two per cent, computed by the
54 commission in the following manner; the commission shall annually esti-
55 mate the gross payroll payments to be made by employers subject to
56 assessment and shall compute a rate thereon which will yield revenues
S. 4623 151
1 sufficient to finance the commission's budget for each year. Such budg-
2 et may include a reasonable amount for a reserve but such amount shall
3 not exceed ten per cent of the total of all other items of expenditure
4 contained therein. Such reserve shall be used for the stabilization of
5 annual assessments, the payment of operating deficits and for the repay-
6 ment of advances made by the two states.
7 4. The amount required to balance the commission's budget, in excess
8 of the estimated yield of the maximum assessment, shall be certified by
9 the commission, with the approval of the respective governors, to the
10 legislatures of the two states, in proportion to the gross annual wage
11 payments made to longshoremen for work in each state within the port of
12 New York district. The legislatures shall annually appropriate to the
13 commission the amount so certified.
14 5. The commission may provide by regulation for the collection and
15 auditing of assessments. Such assessments hereunder shall be payable
16 pursuant to such provisions for administration, collection and enforce-
17 ment as the states may provide by concurrent legislation. In addition
18 to any other sanction provided by law, the commission may revoke or
19 suspend any license held by any person under this compact, or his privi-
20 lege of employing persons registered or licensed hereunder, for non-pay-
21 ment of any assessment when due.
22 6. The assessment hereunder shall be in lieu of any other charge for
23 the issuance of licenses to stevedores, pier superintendents, hiring
24 agents and pier watchmen or for the registration of longshoremen or the
25 use of an employment information center. The commission shall establish
26 reasonable procedures for the consideration of protests by affected
27 employers concerning the estimates and computation of the rate of
28 assessment.
29 § 3015. General violations; prosecutions; penalties. 1. The failure
30 of any witness, when duly subpoenaed to attend, give testimony or
31 produce other evidence, whether or not at a hearing, shall be punishable
32 by the superior court in New Jersey and the supreme court in New York in
33 the same manner as said failure is punishable by such court in a case
34 therein pending.
35 2. Any person who, having been sworn or affirmed as a witness in any
36 such hearing, shall wilfully give false testimony or who shall wilfully
37 make or file any false or fraudulent report or statement required by
38 this compact to be made or filed under oath, shall be guilty of a misde-
39 meanor, punishable by a fine of not more than one thousand dollars or
40 imprisonment for not more than one year or both.
41 3. Any person who violates or attempts or conspires to violate any
42 other provision of this compact shall be punishable as may be provided
43 by the two states by action of the legislature of either state concurred
44 in by the legislature of the other.
45 4. Any person who interferes with or impedes the orderly registration
46 of longshoremen pursuant to this compact or who conspires to or attempts
47 to interfere with or impede such registration shall be punishable as may
48 be provided by the two states by action of the legislature of either
49 state concurred in by the legislature of the other.
50 5. Any person who directly or indirectly inflicts or threatens to
51 inflict any injury, damage, harm or loss or in any other manner prac-
52 tices intimidation upon or against any person in order to induce or
53 compel such person or any other person to refrain from registering
54 pursuant to this compact shall be punishable as may be provided by the
55 two states by action of the legislature of either state concurred in by
56 the legislature of the other.
S. 4623 152
1 6. In any prosecution under this compact, it shall be sufficient to
2 prove only a single act (or a single holding out or attempt) prohibited
3 by law, without having to prove a general course of conduct, in order to
4 prove a violation.
5 § 3016. Collective bargaining safeguarded. 1. This compact is not
6 designed and shall not be construed to limit in any way any rights
7 granted or derived from any other statute or any rule of law for employ-
8 ees to organize in labor organizations, to bargain collectively and to
9 act in any other way individually, collectively, and through labor
10 organizations or other representatives of their own choosing. Without
11 limiting the generality of the foregoing, nothing contained in this
12 compact shall be construed to limit in any way the right of employees to
13 strike.
14 2. This compact is not designed and shall not be construed to limit in
15 any way any rights of longshoremen, hiring agents, pier superintendents
16 or port watchmen or their employers to bargain collectively and agree
17 upon any method for the selection of such employees by way of seniority,
18 experience, regular gangs or otherwise, provided that such employees
19 shall be licensed or registered hereunder and such longshoremen and port
20 watchmen shall be hired only through the employment information centers
21 established hereunder and that all other provisions of this compact be
22 observed.
23 § 3017. Amendments; construction; short title. 1. Amendments and
24 supplements to this compact to implement the purposes thereof may be
25 adopted by the action of the legislature of either state concurred in by
26 the legislature of the other.
27 2. If any part or provision of this compact or the application thereof
28 to any person or circumstances be adjudged invalid by any court of
29 competent jurisdiction, such judgment shall be confined in its operation
30 to the part, provision or application directly involved in the contro-
31 versy in which such judgment shall have been rendered and shall not
32 affect or impair the validity of the remainder of this compact or the
33 application thereof to other persons or circumstances and the two states
34 hereby declare that they would have entered into this compact or the
35 remainder thereof had the invalidity of such provision or application
36 thereof been apparent.
37 3. In accordance with the ordinary rules for construction of inter-
38 state compacts this compact shall be liberally construed to eliminate
39 the evils described therein and to effectuate the purposes thereof.
40 PART II
41 WATERFRONT COMMISSION COMPACT
42 3101. Waterfront commission compact.
43 3102. Expenses of administration.
44 3103. Reimbursement.
45 3104. Penalties.
46 3105. Federal funds.
47 3106. Supplementary definitions.
48 3107. Additional powers of the commission.
49 3108. Regularization of longshoremen's employment.
50 3109. Additional violations.
51 3110. Hearings.
52 3111. Denial of applications.
53 3112. Revocation of licenses and registrations.
S. 4623 153
1 3113. Removal of port watchmen's ineligibility.
2 3114. Petition for order to remove an ineligibility.
3 3115. Denial of stevedore applications.
4 3116. Checkers.
5 3117. Supplementary violations.
6 3118. Suspension or acceptance of applications for inclusion in
7 longshoremen's register; exceptions.
8 3119. Temporary suspension of permits, licenses and registra-
9 tions.
10 3120. Continuance of port watchmen's licenses.
11 3121. Regularization of port watchmen's employment.
12 3122. Duration of stevedore's license.
13 3123. Implementation of telecommunications hiring system for
14 longshoremen and checkers and registration of telecommu-
15 nications system controller.
16 § 3101. Waterfront commission compact. This compact shall be known
17 and may be cited as the "Waterfront Commission Compact."
18 § 3102. Expenses of administration. 1. Every person subject to the
19 payment of any assessment under the provisions of subdivision three of
20 section three thousand fourteen of this article shall file on or before
21 the fifteenth day of the first month of each calendar quarter-year a
22 separate return, together with the payment of the assessment due, for
23 the preceding calendar quarter-year during which any payroll payments
24 were made to longshoremen, pier superintendents, hiring agents or port
25 watchmen for work performed as such within the district. Returns cover-
26 ing the amount of assessment payable shall be filed with the commission
27 on forms to be furnished for such purpose and shall contain such data,
28 information or matter as the commission may require to be included ther-
29 ein. The commission may grant a reasonable extension of time for filing
30 returns, or for the payment of assessment, whenever good cause exists.
31 Every return shall have annexed thereto a certification to the effect
32 that the statements contained therein are true.
33 2. Every person subject to the payment of assessment hereunder shall
34 keep an accurate record of his employment of longshoremen, pier super-
35 intendents, hiring agents or port watchmen, which shall show the amount
36 of compensation paid and such other information as the commission may
37 require. Such records shall be preserved for a period of three years
38 and be open for inspection at reasonable times. The commission may
39 consent to the destruction of any such records at any time after said
40 period or may require that they be kept longer, but not in excess of six
41 years.
42 3. (a) The commission shall audit and determine the amount of assess-
43 ment due from the return filed and such other information as is avail-
44 able to it. Whenever a deficiency in payment of the assessment is
45 determined the commission shall give notice of any such determination to
46 the person liable therefor. Such determination shall finally and
47 conclusively fix the amount due, unless the person against whom it is
48 assessed shall, within thirty days after the giving of notice of such
49 determination, apply in writing to the commission for a hearing, or
50 unless the commission on its own motion shall reduce the same. After
51 such hearing, the commission shall give notice of its decision to the
52 person liable therefor. A determination of the commission under this
53 section shall be subject to judicial review, if application for such
54 review is made within thirty days after the giving of notice of such
55 decision. Any determination under this section shall be made within
S. 4623 154
1 five years from the time the return was filed and if no return was filed
2 such determination may be made at any time.
3 (b) Any notice authorized or required under this section may be given
4 by mailing the same to the person for whom it is intended at the last
5 address given by him to the commission, or in the last return filed by
6 him with the commission under this section, or, if no return has been
7 filed then to such address as may be obtainable. The mailing of such
8 notice shall be presumptive evidence of the receipt of same by the
9 person to whom addressed. Any period of time, which is determined
10 according to the provision of this section, for the giving of notice
11 shall commence to run from the date of mailing of such notice.
12 4. Whenever any person shall fail to pay, within the time limited
13 herein, any assessment which he is required to pay to the commission
14 under the provisions of this section the commission may enforce payment
15 of such fee by civil action for the amount of such assessment with
16 interest and penalties.
17 5. The employment by a nonresident of a longshoreman, or a licensed
18 pier superintendent, hiring agent or port watchman in either state or
19 the designation by a nonresident of a longshoreman, pier superintendent,
20 hiring agent or port watchman to perform work in such state shall be
21 deemed equivalent to an appointment by such nonresident of the secretary
22 of state of such state to be his true and lawful attorney upon whom may
23 be served the process in any action or proceeding against him growing
24 out of any liability for assessments, penalties or interest, and a
25 consent that any such process against him which is so served shall be of
26 the same legal force and validity as if served on him personally within
27 such state and within the territorial jurisdiction of the court from
28 which the process issues. Service of process within either state shall
29 be made by either (1) personally delivering to and leaving with the
30 secretary of state or a deputy secretary of state of such state dupli-
31 cate copies thereof at the office of the department of state in the
32 capitol city of such state, in which event such secretary of state shall
33 forthwith send by registered mail one of such copies to the person at
34 the last address designated by him to the commission for any purpose
35 under this section or in the last return filed by him under this section
36 with the commission or as shown on the records of the commission, or if
37 no return has been filed, at his last known office address within or
38 without such state, or (2) personally delivering to and leaving with the
39 secretary of state or a deputy secretary of state of such state a copy
40 thereof at the office of the department of state in the capitol city of
41 such state and by delivering a copy thereof to the person, personally
42 without such state. Proof of such personal service without such state
43 shall be filed with the clerk of the court in which the process is pend-
44 ing within thirty days after such service and such service shall be
45 complete ten days after proof thereof is filed.
46 6. Whenever the commission shall determine that any moneys received as
47 assessments were paid in error, it may cause the same to be refunded,
48 provided an application therefor is filed with the commission within two
49 years from the time the erroneous payment was made.
50 7. 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 8. When any person shall wilfully fail to pay any assessment due here-
54 under he shall be assessed interest at a rate of one per cent per month
55 on the amount due and unpaid and penalties of five per cent of the
56 amount due for each thirty days or part thereof that the assessment
S. 4623 155
1 remains unpaid. The commission, may, for good cause shown, abate all or
2 part of such penalty.
3 9. Any person who shall wilfully furnish false or fraudulent informa-
4 tion or shall wilfully fail to furnish pertinent information, as
5 required, with respect to the amount of assessment due, shall be guilty
6 of a misdemeanor, punishable by a fine of not more than one thousand
7 dollars, or imprisonment for not more than one year, or both.
8 10. 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 both members of the commission or by such other officers or
16 employees of the commission as it may from time to time designate.
17 11. 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 § 3103. Reimbursement. The commission shall reimburse each state for
23 any funds advanced to the commission exclusive of sums appropriated
24 pursuant to subdivision four of section three thousand fourteen of this
25 article.
26 § 3104. Penalties. Any person who shall violate any of the provisions
27 of the compact or of section thirty-one hundred two of this part for
28 which no other penalty is prescribed shall be guilty of a misdemeanor,
29 punishable by a fine of not more than five hundred dollars or by impri-
30 sonment for not more than one year, or both.
31 § 3105. Federal funds. 1. The waterfront commission of New York
32 harbor is hereby designated on its own behalf or as agent of the state
33 of New York and the state of New Jersey, as provided by the act of the
34 congress of the United States, effective June sixth, nineteen hundred
35 thirty-three, entitled "An act to provide for the establishment of a
36 national employment system and for cooperating with the states in the
37 promotion of such system and for other purposes" as amended, for the
38 purpose of obtaining such benefits of such act of congress as are neces-
39 sary or appropriate to the establishment and operation of employment
40 information centers authorized by section three thousand thirteen of
41 this article.
42 2. The commission shall have all powers necessary to cooperate with
43 appropriate officers or agencies of either state or the United States,
44 to take such steps, to formulate such plans, and to execute such
45 projects (including but not limited to the establishment and operation
46 of employment information centers) as may be necessary to obtain such
47 benefits for the operations of the commission in accomplishing the
48 purposes of this article.
49 3. The officer or agency heretofore designated by each of the two
50 states pursuant to said act of June sixth, nineteen hundred thirty-
51 three, as amended, is authorized and empowered, upon the request of the
52 commission and subject to its direction, to exercise the powers and
53 duties conferred upon the commission by the provisions of this section.
54 § 3106. Supplementary definitions. As used in the compact established
55 by part I of this article:
S. 4623 156
1 1. "Stevedore" shall also include (a) contractors engaged for compen-
2 sation pursuant to a contract or arrangement with the United States, any
3 state or territory thereof, or any department, division, board, commis-
4 sion or authority of one or more of the foregoing, in moving freight
5 carried or consigned for carriage between any point in the port of New
6 York district and a point outside said district on vessels of such a
7 public agency berthed at piers, on piers at which such vessels are
8 berthed or at other waterfront terminals, or
9 (b) contractors (not including employees) engaged for compensation
10 pursuant to a contract or arrangement with any person to perform labor
11 or services incidental to the movement of waterborne freight on vessels
12 berthed at piers, on piers or at other waterfront terminals, including,
13 but not limited to, cargo storage, cargo repairing, coopering, general
14 maintenance, mechanical and miscellaneous work, horse and cattle
15 fitting, grain ceiling, and marine carpentry, or
16 (c) contractors (not including employees) engaged for compensation
17 pursuant to a contract or arrangement with any other person to perform
18 labor or services involving, or incidental to, the movement of freight
19 into or out of containers (which have been or which will be carried by a
20 carrier of freight by water) on vessels berthed at piers, on piers or at
21 other waterfront terminals.
22 2. "Waterborne freight" shall also include freight described in para-
23 graphs (a) and (c) of subdivision one of this section and in subdivision
24 ten of this section and ships' stores, baggage and mail carried by or
25 consigned for carriage by carriers of freight by water.
26 3. "Court of the United States" shall mean all courts enumerated in
27 section four hundred fifty-one of title twenty-eight of the United
28 States code and the courts-martial of the armed forces of the United
29 States.
30 4. "Witness" shall mean any person whose testimony is desired in any
31 investigation, interview or other proceeding conducted by the commission
32 pursuant to the provisions of this article.
33 5. "Checker" shall mean a longshoreman who is employed to engage in
34 direct and immediate checking of waterborne freight or of the custodial
35 accounting therefor or in the recording or tabulation of the hours
36 worked at piers or other waterfront terminals by natural persons
37 employed by carriers of freight by water or stevedores.
38 6. "Longshoreman" shall also include a natural person, other than a
39 hiring agent, who is employed for work at a pier or other waterfront
40 terminal:
41 (a) either by a carrier of freight by water or by a stevedore phys-
42 ically to perform labor or services incidental to the movement of water-
43 borne freight on vessels berthed at piers, on piers or at other water-
44 front terminals, including, but not limited to, cargo repairmen,
45 coopers, general maintenance men, mechanical and miscellaneous workers,
46 horse and cattle fitters, grain ceilers and marine carpenters, or
47 (b) by any person physically to move waterborne freight to or from a
48 barge, lighter or railroad car for transfer to or from a vessel of a
49 carrier of freight by water which is, shall be, or shall have been
50 berthed at the same pier or other waterfront terminal, or
51 (c) by any person to perform labor or services involving, or inci-
52 dental to, the movement of freight at a waterfront terminal as defined
53 in subdivision ten of this section.
54 7. "Compact" shall also include any amendments or supplements to the
55 waterfront commission compact to implement the purposes thereof adopted
56 by the action of the legislature of either the state of New York or the
S. 4623 157
1 state of New Jersey concurred in by the legislature of the other and as
2 established by part I of this article.
3 8. The term "select any longshoreman for employment" in the definition
4 of a hiring agent in this act shall include selection of a person for
5 the commencement or continuation of employment as a longshoreman, or the
6 denial or termination of employment as a longshoreman.
7 9. "Hiring agent" shall also include any natural person, who on behalf
8 of any other person shall select any longshoreman for employment.
9 10. "Other waterfront terminal" shall also include any warehouse,
10 depot or other terminal (other than a pier), whether enclosed or open,
11 which is located in a marine terminal in the port of New York district
12 and any part of which is used by any person to perform labor or services
13 involving, or incidental to, the movement of waterborne freight or
14 freight.
15 As used in this section, "marine terminal" means an area which
16 includes piers, which is used primarily for the moving, warehousing,
17 distributing or packing of waterborne freight or freight to or from such
18 piers, and which, inclusive of such piers, is under common ownership or
19 control; "freight" means freight which has been, or will be, carried by
20 or consigned for carriage by a carrier of freight by water; and
21 "container" means any receptacle, box, carton or crate which is specif-
22 ically designed and constructed so that it may be repeatedly used for
23 the carriage of freight by a carrier of freight by water.
24 Whenever, as a result of legislative amendments to this article or of
25 a ruling by the commission, registration as a longshoreman is required
26 for any person to continue in his employment, such person shall be
27 registered as a longshoreman without regard to the provisions of section
28 thirty-one hundred eighteen of this part, provided, however, that such
29 person satisfies all the other requirements of this article for regis-
30 tration as a longshoreman.
31 § 3107. Additional powers of the commission. In addition to the
32 powers and duties elsewhere described in this part, the commission shall
33 have the following powers:
34 1. To issue temporary permits and permit temporary registrations under
35 such terms and conditions as the commission may prescribe which shall be
36 valid for a period to be fixed by the commission not in excess of six
37 months.
38 2. To require any applicant for a license or registration or any
39 prospective licensee to furnish such facts and evidence as the commis-
40 sion may deem appropriate to enable it to ascertain whether the license
41 or registration should be granted.
42 3. In any case in which the commission has the power to revoke, cancel
43 or suspend any stevedore license the commission shall also have the
44 power to impose as an alternative to such revocation, cancellation or
45 suspension, a penalty, which the licensee may elect to pay to the
46 commission in lieu of the revocation, cancellation or suspension. The
47 maximum penalty shall be five thousand dollars for each separate
48 offense. The commission may, for good cause shown, abate all or part of
49 such penalty.
50 4. To designate any officer, agent or employee of the commission to be
51 an investigator who shall be vested with all the powers of a peace or
52 police officer of the state of New York in that state, and of the state
53 of New Jersey in that state.
54 5. To confer immunity, in the following manner: In any investigation,
55 interview or other proceeding conducted under oath by the commission or
56 any duly authorized officer, employee or agent thereof, if a person
S. 4623 158
1 refuses to answer a question or produce evidence of any other kind on
2 the ground that he may be incriminated thereby, and, notwithstanding
3 such refusal, an order is made upon twenty-four hours prior written
4 notice to the appropriate attorney general of the state of New York or
5 the state of New Jersey, and to the appropriate district attorney or
6 prosecutor having an official interest therein, by the unanimous vote of
7 both members of the commission or their designees appointed pursuant to
8 the provisions of subdivision three of section three thousand four of
9 this article, that such person answer the question or produce the
10 evidence, such person shall comply with the order. If such person
11 complies with the order, and if, but for this subdivision, he would have
12 been privileged to withhold the answer given or the evidence produced by
13 him, then immunity shall be conferred upon him, as provided for herein.
14 "Immunity" as used in this subdivision means that such person shall
15 not be prosecuted or subjected to any penalty or forfeiture for or on
16 account of any transaction, matter or thing concerning which, in accord-
17 ance with the order by the unanimous vote of both members of the commis-
18 sion or their designees appointed pursuant to the provisions of subdivi-
19 sion three of section three thousand four of this article, he gave
20 answer or produced evidence, and that no such answer given or evidence
21 produced shall be received against him upon any criminal proceeding.
22 But he may nevertheless be prosecuted or subjected to penalty or forfei-
23 ture for any perjury or contempt committed in answering, or failing to
24 answer, or in producing or failing to produce evidence, in accordance
25 with the order, and any such answer given or evidence produced shall be
26 admissible against him upon any criminal proceeding concerning such
27 perjury or contempt.
28 Immunity shall not be conferred upon any person except in accordance
29 with the provisions of this subdivision. If, after compliance with the
30 provisions of this subdivision, a person is ordered to answer a question
31 or produce evidence of any other kind and complies with such order, and
32 it is thereafter determined that the appropriate attorney general or
33 district attorney or prosecutor having an official interest therein was
34 not notified, such failure or neglect shall not deprive such person of
35 any immunity otherwise properly conferred upon him.
36 6. To require any applicant for registration as a longshoreman, any
37 applicant for registration as a checker or any applicant for registra-
38 tion as a telecommunications system controller and any person who is
39 sponsored for a license as a pier superintendent or hiring agent, any
40 person who is an individual owner of an applicant stevedore or any
41 persons who are individual partners of an applicant stevedore, or any
42 officers, directors or stockholders owning five percent or more of any
43 of the stock of an applicant corporate stevedore or any applicant for a
44 license as a port watchman or any other category of applicant for regis-
45 tration or licensing by law within the commission's jurisdiction to be
46 fingerprinted by the commission.
47 7. To require any applicant for registration as a longshoreman, any
48 applicant for registration as a checker or any applicant for registra-
49 tion as a telecommunications system controller and any person who is
50 sponsored for a license as a pier superintendent or hiring agent, any
51 person who is an individual owner of an applicant stevedore or any
52 persons who are individual partners of an applicant stevedore, or any
53 officers, directors or stockholders owning five percent or more of any
54 of the stock of an applicant corporate stevedore or any applicant for a
55 license as a port watchman or any other category of applicant for regis-
56 tration or licensing by law within the commission's jurisdiction who
S. 4623 159
1 has: previously applied and had an application denied upon submission;
2 been removed from registration; or, had a license suspended, or revoked
3 and is reapplying for registration or licensing within the commission's
4 jurisdiction to be fingerprinted by the commission.
5 8. To exchange fingerprint data with and receive state criminal histo-
6 ry record information from the division of criminal justice services, as
7 defined in subdivision one of section three thousand thirty-five of the
8 education law of the state of New York, and federal criminal history
9 record information from the federal bureau of investigation for use in
10 making the determinations required by this part.
11 9. Notwithstanding any other provision of law to the contrary, to
12 require any applicant for employment by the commission or person
13 described in subdivision seven of this section to be fingerprinted and
14 to exchange fingerprint data with and receive state criminal history
15 record information from the division of criminal justice services, as
16 defined in subdivision one of section three thousand thirty-five of the
17 education law of the state of New York, and federal criminal history
18 information from the federal bureau of investigation for the purposes of
19 this subdivision and subdivisions six, seven and eight of this section.
20 § 3108. Regularization of longshoremen's employment. 1. Notwithstand-
21 ing any other provisions of section three thousand ten of this article,
22 the commission shall have the power to remove from the longshoremen's
23 register any person (including those persons registered as longshoremen
24 for less than nine months) who shall have failed to have worked as a
25 longshoreman in the port of New York district for such minimum number of
26 days during a period of time as shall have been established by the
27 commission. In administering this section, the commission, in its
28 discretion, may count applications for employment as a longshoreman at
29 an employment information center established under section three thou-
30 sand thirteen of this article as constituting actual work as a long-
31 shoreman, provided, however, that the commission shall count as actual
32 work the compensation received by any longshoreman pursuant to the guar-
33 anteed wage provisions of any collective bargaining agreement relating
34 to longshoremen. Prior to the commencement of any period of time estab-
35 lished by the commission pursuant to this section, the commission shall
36 establish for such period the minimum number of days of work required
37 and the distribution of such days during such period and shall also
38 determine whether or not application for employment as a longshoreman
39 shall be counted as constituting actual work as a longshoreman. The
40 commission may classify longshoremen according to length of service as a
41 longshoreman and such other criteria as may be reasonable and necessary
42 to carry out the provisions of this part. The commission shall have the
43 power to vary the requirements of this section with respect to their
44 application to the various classifications of longshoremen. In adminis-
45 tering this section, the commission shall observe the standards set
46 forth in section thirty-one hundred eighteen of this part. Nothing in
47 this section shall be construed to modify, limit or restrict in any way
48 any of the rights protected by article XV of the compact established by
49 part I of this article.
50 § 3109. Additional violations. Any person who, having been duly sworn
51 or affirmed as a witness in any investigation, interview or other
52 proceeding conducted by the commission pursuant to the provisions of
53 this part, shall wilfully give false testimony shall be guilty of a
54 misdemeanor punishable by a fine of not more than one thousand dollars
55 or imprisonment for not more than one year or both.
S. 4623 160
1 § 3110. Hearings. 1. At hearings conducted by the commission pursuant
2 to section three thousand twelve of this article, applicants, prospec-
3 tive licensees, licensees and registrants shall have the right to be
4 accompanied and represented by counsel.
5 2. After the conclusion of a hearing but prior to the making of an
6 order by the commission, a hearing may, upon petition and in the
7 discretion of the hearing officer, be reopened for the presentation of
8 additional evidence. Such petition to reopen the hearing shall state in
9 detail the nature of the additional evidence, together with the reasons
10 for the failure to submit such evidence prior to the conclusion of the
11 hearing. The commission may upon its own motion and upon reasonable
12 notice reopen a hearing for the presentation of additional evidence.
13 Upon petition, after the making of an order of the commission, rehear-
14 ing may be granted in the discretion of the commission. Such a petition
15 for rehearing shall state in detail the grounds upon which the petition
16 is based and shall separately set forth each error of law and fact
17 alleged to have been made by the commission in its determination,
18 together with the facts and arguments in support thereof. Such petition
19 shall be filed with the commission not later than thirty days after
20 service of such order, unless the commission for good cause shown shall
21 otherwise direct.
22 The commission may upon its own motion grant a rehearing after the
23 making of an order.
24 § 3111. Denial of applications. In addition to the grounds elsewhere
25 set forth in this article, the commission may deny an application for a
26 license or registration for any of the following:
27 1. Conviction by a court of the United States or any state or territo-
28 ry thereof of coercion;
29 2. Conviction by any such court, after having been previously
30 convicted by any such court of any crime or of the offenses hereinafter
31 set forth, of a misdemeanor or any of the following offenses: assault,
32 malicious injury to property, malicious mischief, unlawful taking of a
33 motor vehicle, corruption of employees or possession of lottery or
34 number slips; or
35 3. Fraud, deceit or misrepresentation in connection with any applica-
36 tion or petition submitted to, or any interview, hearing or proceeding
37 conducted by the commission.
38 4. Violation of any provision of this part or commission of any
39 offense thereunder.
40 5. Refusal on the part of any applicant, or prospective licensee, or
41 of any member, officer or stockholder required by subdivision two of
42 section three thousand seven of this article to sign or be identified in
43 an application for a stevedore license, to answer any material question
44 or produce any material evidence in connection with his application or
45 any application made on his behalf for a license or registration pursu-
46 ant to this part.
47 6. Association with a person who has been identified by a federal,
48 state, or local law enforcement agency as a member or associate of an
49 organized crime group, a terrorist group, or a career offender cartel,
50 or who is a career offender, under circumstances where such association
51 creates a reasonable belief that the participation of the applicant in
52 any activity required to be licensed under this article would be inimi-
53 cal to the policies of this article. For the purpose of this section,
54 (a) a terrorist group shall mean a group associated, affiliated or fund-
55 ed in whole or in part by a terrorist organization designated by the
56 secretary of state in accordance with section 219 of the immigration and
S. 4623 161
1 nationality act, as amended from time to time, or any other organization
2 which assists, funds or engages in acts of terrorism as defined in the
3 laws of the United States, or of either of the states of New York (such
4 as subdivision one of section 490.05 of the penal law) or New Jersey;
5 and (b) a career offender shall mean a person whose behavior is pursued
6 in an occupational manner or context for the purpose of economic gain
7 utilizing such methods as are deemed criminal violations against the
8 public policy of the states of New York and New Jersey, and a career
9 offender cartel shall mean a number of career offenders acting in
10 concert, and may include what is commonly referred to as an organized
11 crime group.
12 7. Conviction of a racketeering activity or knowing association with a
13 person who has been convicted of a racketeering activity by a court of
14 the United States or any state or territory thereof under circumstances
15 where such association creates a reasonable belief that the partic-
16 ipation of the applicant in any activity required to be licensed under
17 this part would be inimical to the policies of this part.
18 § 3112. Revocation of licenses and registrations. In addition to the
19 grounds elsewhere set forth in this part, any license or registration
20 issued or made pursuant thereto may be revoked or suspended for such
21 period as the commission deems in the public interest or the licensee or
22 registrant may be reprimanded, for:
23 1. Conviction of any crime or offense in relation to gambling, book-
24 making, pool selling, lotteries or similar crimes or offenses if the
25 crime or offense was committed at or on a pier or other waterfront
26 terminal or within five hundred feet thereof; or
27 2. Wilful commission of, or wilful attempt to commit at or on a water-
28 front terminal or adjacent highway, any act of physical injury to any
29 other person or of wilful damage to or misappropriation of any other
30 person's property, unless justified or excused by law; or
31 3. Receipt or solicitation of anything of value from any person other
32 than a licensee's or registrant's employer as consideration for the
33 selection or retention for employment of such licensee or registrant; or
34 4. Coercion of a licensee or registrant by threat of discrimination or
35 violence or economic reprisal, to make purchases from or to utilize the
36 services of any person; or
37 5. Refusal to answer any material question or produce any evidence
38 lawfully required to be answered or produced at any investigation,
39 interview or other proceeding conducted by the commission pursuant to
40 the provisions of this article, or, if such refusal is accompanied by a
41 valid plea of privilege against self-incrimination, refusal to obey an
42 order to answer such question or produce such evidence made by the
43 commission pursuant to the provisions of subdivision five of section
44 thirty-one hundred seven of this part.
45 6. Association with a person who has been identified by a federal,
46 state, or local law enforcement agency as a member or associate of an
47 organized crime group, a terrorist group, or a career offender cartel,
48 or who is a career offender, under circumstances where such association
49 creates a reasonable belief that the participation of the applicant in
50 any activity required to be licensed under this part would be inimical
51 to the policies of this part. For the purpose of this section, (a) a
52 terrorist group shall mean a group associated, affiliated or funded in
53 whole or in part by a terrorist organization designated by the secretary
54 of state in accordance with section 219 of the immigration and national-
55 ity act, as amended from time to time, or any other organization which
56 assists, funds or engages in acts of terrorism as defined in the laws of
S. 4623 162
1 the United States, or of either of the states of New York (such as
2 subdivision one of section 490.05 of the penal law) or New Jersey; and
3 (b) a career offender shall mean a person whose behavior is pursued in
4 an occupational manner or context for the purpose of economic gain
5 utilizing such methods as are deemed criminal violations against the
6 public policy of the states of New York and New Jersey, and a career
7 offender cartel shall mean a number of career offenders acting in
8 concert, and may include what is commonly referred to as an organized
9 crime group.
10 7. Conviction of a racketeering activity or knowing association with a
11 person who has been convicted of a racketeering activity by a court of
12 the United States or any state or territory thereof under circumstances
13 where such association creates a reasonable belief that the partic-
14 ipation of the applicant in any activity required to be licensed under
15 this article would be inimical to the policies of this article.
16 § 3113. Removal of port watchmen's ineligibility. Any port watchman
17 ineligible for a license by reason of the provisions of paragraph (b) of
18 subdivision three of section three thousand eleven of this article may
19 petition for and the commission may issue an order removing the ineligi-
20 bility in the manner provided in paragraph (b) of subdivision three of
21 section three thousand six of this article.
22 § 3114. Petition for order to remove an ineligibility. A petition for
23 an order to remove an ineligibility under paragraph (b) of subdivision
24 three of section three thousand six, paragraph (e) of subdivision three
25 of section three thousand seven, paragraph (b) of subdivision three of
26 section three thousand six of this article, or paragraph (b) of subdivi-
27 sion three of section thirty-one hundred sixteen of this part may be
28 made to the commission before or after the hearing required by section
29 three thousand twelve of this article.
30 § 3115. Denial of stevedore applications. In addition to the grounds
31 elsewhere set forth in this part the commission shall not grant an
32 application for a license as stevedore if on or after July first, nine-
33 teen hundred fifty-six, the applicant has paid, given, caused to have
34 been paid or given or offered to pay or give to any agent of any carrier
35 of freight by water any valuable consideration for an improper or unlaw-
36 ful purpose or, without the knowledge and consent of such carrier, to
37 induce such agent to procure the employment of the applicant by such
38 carrier or its agent for the performance of stevedoring services.
39 § 3116. Checkers. 1. The commission shall establish within the
40 longshoremen's register a list of all qualified longshoremen eligible,
41 as hereinafter provided, for employment as checkers in the port of New
42 York district. No person shall act as a checker within the port of New
43 York district unless at the time he is included in the longshoremen's
44 register as a checker, and no person shall employ another to work as a
45 checker within the port of New York district unless at the time such
46 other person is included in the longshoremen's register as a checker.
47 2. Any person applying for inclusion in the longshoremen's register as
48 a checker shall file at any such place and in such manner as the commis-
49 sion shall designate a written statement, signed and verified by such
50 person, setting forth the following:
51 (a) The full name, residence, place and date of birth and social secu-
52 rity number of the applicant;
53 (b) The present and previous occupations of the applicant, including
54 the places where he was employed and the names of his employers;
S. 4623 163
1 (c) Such further facts and evidence as may be required by the commis-
2 sion to ascertain the character, integrity and identity of the appli-
3 cant.
4 3. No person shall be included in the longshoremen's register as a
5 checker
6 (a) Unless the commission shall be satisfied that the applicant
7 possesses good character and integrity;
8 (b) If the applicant has, without subsequent pardon, been convicted by
9 a court of the United States or any state or territory thereof, of the
10 commission of, or the attempt or conspiracy to commit treason, murder,
11 manslaughter or any felony or high misdemeanor or any of the following
12 misdemeanors or offenses: illegally using, carrying or possessing a
13 pistol or other dangerous weapon; making or possessing burglar's instru-
14 ments; buying or receiving stolen property; unlawful entry of a build-
15 ing; aiding an escape from prison; unlawfully possessing, possessing
16 with intent to distribute, sale or distribution of a controlled danger-
17 ous substance (controlled substance) or, in New Jersey, a controlled
18 dangerous substance analog (controlled substance analog); petty larceny,
19 where the evidence shows the property was stolen from a vessel, pier or
20 other waterfront terminal; and violation of the compact. Any such
21 applicant ineligible for inclusion in the longshoremen's register as a
22 checker by reason of any such conviction may submit satisfactory
23 evidence to the commission that he has for a period of not less than
24 five years, measured as hereinafter provided, and up to the time of
25 application, so conducted himself as to warrant inclusion in the
26 longshoremen's register as a checker, in which event the commission may,
27 in its discretion, issue an order removing such ineligibility. The afor-
28 esaid period of five years shall be measured either from the date of
29 payment of any fine imposed upon such person or the suspension of
30 sentence or from the date of his unrevoked release from custody by
31 parole, commutation or termination of his sentence;
32 (c) If the applicant knowingly or wilfully advocates the desirability
33 of overthrowing or destroying the government of the United States by
34 force or violence or shall be a member of a group which advocates such
35 desirability, knowing the purposes of such group include such advocacy.
36 4. When the application shall have been examined and such further
37 inquiry and investigation made as the commission shall deem proper and
38 when the commission shall be satisfied therefrom that the applicant
39 possesses the qualifications and requirements prescribed by this
40 section, the commission shall include the applicant in the
41 longshoremen's register as a checker. The commission may permit tempo-
42 rary registration as a checker to any applicant under this section pend-
43 ing final action on an application made for such registration, under
44 such terms and conditions as the commission may prescribe, which shall
45 be valid for a period to be fixed by the commission, not in excess of
46 six months.
47 5. The commission shall have power to reprimand any checker registered
48 under this section or to remove him from the longshoremen's register as
49 a checker for such period of time as it deems in the public interest for
50 any of the following offenses:
51 (a) Conviction of a crime or other cause which would permit disquali-
52 fication of such person from inclusion in the longshoremen's register as
53 a checker upon original application;
54 (b) Fraud, deceit or misrepresentation in securing inclusion in the
55 longshoremen's register as a checker or in the conduct of the registered
56 activity;
S. 4623 164
1 (c) Violation of any of the provisions of the compact established by
2 part I of this article;
3 (d) Conviction of a crime involving unlawfully possessing, possession
4 with intent to distribute, sale or distribution of a controlled danger-
5 ous substance (controlled substance) or, in New Jersey, a controlled
6 dangerous substance analog (controlled substance analog);
7 (e) Inducing or otherwise aiding or abetting any person to violate the
8 terms of the compact established by part I of this article;
9 (f) Paying, giving, causing to be paid or given or offering to pay or
10 give to any person any valuable consideration to induce such other
11 person to violate any provision of the compact or to induce any public
12 officer, agent or employee to fail to perform his duty under the
13 compact;
14 (g) Consorting with known criminals for an unlawful purpose;
15 (h) Transfer or surrender of possession to any person either temporar-
16 ily or permanently of any card or other means of identification issued
17 by the commission as evidence of inclusion in the longshoremen's regis-
18 ter without satisfactory explanation;
19 (i) False impersonation of another longshoreman or of another person
20 licensed under the compact.
21 6. The commission shall have the right to recover possession of any
22 card or other means of identification issued as evidence of inclusion in
23 the longshoremen's register as a checker in the event that the holder
24 thereof has been removed from the longshoremen's register as a checker.
25 7. Nothing contained in this section shall be construed to limit in
26 any way any rights of labor reserved by section three thousand six of
27 this article.
28 § 3117. Supplementary violations. Any person who, without justifica-
29 tion or excuse in law, directly or indirectly intimidates or inflicts
30 any injury, damage, harm, loss or economic reprisal upon any person
31 licensed or registered by the commission, or any other person, or
32 attempts, conspires or threatens so to do, in order to interfere with,
33 impede or influence such licensed or registered person in the perform-
34 ance or discharge of his duties or obligations shall be punishable as
35 provided in section thirty-one hundred four of this part.
36 § 3118. Suspension of acceptance of applications for inclusion in
37 longshoremen's register; exceptions. 1. The commission shall have the
38 power to make determinations to suspend the acceptance of application
39 for inclusion in the longshoremen's register for such periods of time as
40 the commission may from time to time establish and, after any such peri-
41 od of suspension, the commission shall have the power to make determi-
42 nations to accept applications for such period of time as the commission
43 may establish or in such number as the commission may determine, or
44 both. Such determinations to suspend or accept applications shall be
45 made by the commission: (a) on its own initiative or (b) upon the joint
46 recommendation in writing of stevedores and other employers of long-
47 shoremen in the port of New York district, acting through their repre-
48 sentative for the purpose of collective bargaining with a labor organ-
49 ization representing such longshoremen in such district and such labor
50 organization or (c) upon the petition in writing of a stevedore or
51 another employer of longshoremen in the port of New York district which
52 does not have a representative for the purpose of collective bargaining
53 with a labor organization representing such longshoremen. The commission
54 shall have the power to accept or reject such joint recommendation or
55 petition.
S. 4623 165
1 All joint recommendations or petitions filed for the acceptance of
2 applications with the commission for inclusion in the longshoremen's
3 register shall include:
4 (a) the number of employees requested;
5 (b) the category or categories of employees requested;
6 (c) a detailed statement setting forth the reasons for said joint
7 recommendation or petition;
8 (d) in cases where a joint recommendation is made under this section,
9 the collective bargaining representative of stevedores and other employ-
10 ers of longshoremen in the port of New York district and the labor
11 organization representing such longshoremen shall provide the allocation
12 of the number of persons to be sponsored by each employer of longshore-
13 men in the port of New York district; and
14 (e) any other information requested by the commission.
15 2. In administering the provisions of this section, the commission
16 shall observe the following standards:
17 (a) To encourage as far as practicable the regularization of the
18 employment of longshoremen;
19 (b) To bring the number of eligible longshoremen into balance with the
20 demand for longshoremen's services within the port of New York district
21 without reducing the number of eligible longshoremen below that neces-
22 sary to meet the requirements of longshoremen in the port of New York
23 district;
24 (c) To encourage the mobility and full utilization of the existing
25 work force of longshoremen;
26 (d) To protect the job security of the existing work force of long-
27 shoremen by considering the wages and employment benefits of prospective
28 registrants;
29 (e) To eliminate oppressive and evil hiring practices injurious to
30 waterfront labor and waterborne commerce in the port of New York
31 district, including, but not limited to, those oppressive and evil
32 hiring practices that may result from either a surplus or shortage of
33 waterfront labor;
34 (f) To consider the effect of technological change and automation and
35 such other economic data and facts as are relevant to a proper determi-
36 nation;
37 (g) To protect the public interest of the port of New York district.
38 In observing the foregoing standards and before determining to suspend
39 or accept applications for inclusion in the longshoremen's register, the
40 commission shall consult with and consider the views of, including any
41 statistical data or other factual information concerning the size of the
42 longshoremen's register submitted by, carriers of freight by water,
43 stevedores, waterfront terminal owners and operators, any labor organ-
44 ization representing employees registered by the commission, and any
45 other person whose interests may be affected by the size of the
46 longshoremen's register.
47 Any joint recommendation or petition granted hereunder shall be
48 subject to such terms and conditions as the commission may prescribe.
49 3. Any determination by the commission pursuant to this section to
50 suspend or accept applications for inclusion in the longshoremen's
51 register shall be made upon a record, shall not become effective until
52 five days after notice thereof to the collective bargaining represen-
53 tative of stevedores and other employers of longshoremen in the port of
54 New York district and to the labor organization representing such long-
55 shoremen and/or the petitioning stevedore or other employer of long-
56 shoremen in the port of New York district and shall be subject to judi-
S. 4623 166
1 cial review for being arbitrary, capricious, and an abuse of discretion
2 in a proceeding jointly instituted by such representative and such labor
3 organization and/or by the petitioning stevedore or other employer of
4 longshoremen in the port of New York district. Such judicial review
5 proceeding may be instituted in either state in the manner provided by
6 the law of such state for review of the final decision or action of
7 administrative agencies of such state, provided, however, that such
8 proceeding shall be decided directly by the appellate division as the
9 court of first instance (to which the proceeding shall be transferred by
10 order of transfer by the supreme court in the state of New York or in
11 the state of New Jersey by notice of appeal from the commission's deter-
12 mination) and provided further that notwithstanding any other provision
13 of law in either state no court shall have power to stay the commis-
14 sion's determination prior to final judicial decision for more than
15 fifteen days. In the event that the court enters a final order setting
16 aside the determination by the commission to accept applications for
17 inclusion in the longshoremen's register, the registration of any long-
18 shoremen included in the longshoremen's register as a result of such
19 determination by the commission shall be cancelled.
20 This section shall apply, notwithstanding any other provision of this
21 article, provided however, such section shall not in any way limit or
22 restrict the provisions of subdivision five of section three thousand
23 ten of this article empowering the commission to register longshoremen
24 on a temporary basis to meet special or emergency needs or the
25 provisions of subdivision four of section three thousand ten of this
26 article relating to the immediate reinstatement of persons removed from
27 the longshoremen's register pursuant to section three thousand ten of
28 this article. Nothing in this section shall be construed to modify,
29 limit or restrict in any way any of the rights protected by section
30 three thousand sixteen of this article.
31 4. Upon the granting of any joint recommendation or petition under
32 this section for the acceptance of applications for inclusion in the
33 longshoremen's register, the commission shall accept applications upon
34 written sponsorship from the prospective employer of longshoremen. The
35 sponsoring employer shall furnish the commission with the name, address
36 and such other identifying or category information as the commission may
37 prescribe for any person so sponsored. The sponsoring employer shall
38 certify that the selection of the persons so sponsored was made in a
39 fair and non-discriminatory basis in accordance with the requirements of
40 the laws of the United States and the states of New York and New Jersey
41 dealing with equal employment opportunities.
42 Notwithstanding any of the foregoing, where the commission determines
43 to accept applications for inclusion in the longshoremen's register on
44 its own initiative, such acceptance shall be accomplished in such manner
45 deemed appropriate by the commission.
46 5. Notwithstanding any other provision of this article, the commission
47 may include in the longshoremen's register under such terms and condi-
48 tions as the commission may prescribe:
49 (a) a person issued registration on a temporary basis to meet special
50 or emergency needs who is still so registered by the commission;
51 (b) a person defined as a longshoreman in subdivision six of section
52 thirty-one hundred six of this part who is employed by a stevedore
53 defined in paragraph (b) or (c) of subdivision one of section thirty-one
54 hundred six of this part and whose employment is not subject to the
55 guaranteed annual income provisions of any collective bargaining agree-
56 ment relating to longshoremen;
S. 4623 167
1 (c) no more than twenty persons issued registration limited to acting
2 as scalemen pursuant to the provisions of chapter 953 of the laws of
3 1969 and chapter 64 of the laws of 1982 who are still so registered by
4 the commission and who are no longer employed as scalemen on the effec-
5 tive date of this subdivision;
6 (d) a person issued registration on a temporary basis as a checker to
7 meet special or emergency needs who applied for such registration prior
8 to January 15, 1986 and who is still so registered by the commission;
9 (e) a person issued registration on a temporary basis as a checker to
10 meet special or emergency needs in accordance with a waterfront commis-
11 sion resolution of September 4, 1996 and who is still so registered by
12 the commission;
13 (f) a person issued registration on a temporary basis as a container
14 equipment operator to meet special or emergency needs in accordance with
15 a waterfront commission resolution of September 4, 1996 and who is still
16 so registered by the commission; and
17 (g) a person issued registration on a temporary basis as a longshore-
18 man to meet special or emergency needs in accordance with a waterfront
19 commission resolution of September 4, 1996 and who is still so regis-
20 tered by the commission.
21 6. The commission may include in the longshoremen's register, under
22 such terms and conditions as the commission may prescribe, persons
23 issued registration on a temporary basis as a longshoreman or a checker
24 to meet special or emergency needs and who are still so registered by
25 the commission upon the enactment of this section.
26 § 3119. Temporary suspension of permits, licenses and registrations.
27 1. The commission may temporarily suspend a temporary permit or a
28 permanent license or a temporary or permanent registration pursuant to
29 the provisions of subdivision four of section three thousand twelve of
30 this article until further order of the commission or final disposition
31 of the underlying case, only where the permittee, licensee or registrant
32 has been indicted for, or otherwise charged with, a crime which is
33 equivalent to a felony in the state of New York or to a crime of the
34 third, second or first degree in the state of New Jersey or only where
35 the permittee or licensee is a port watchman who is charged by the
36 commission pursuant to section three thousand twelve of this article
37 with misappropriating any other person's property at or on a pier or
38 other waterfront terminal.
39 2. In the case of a permittee, licensee or registrant who has been
40 indicted for, or otherwise charged with, a crime, the temporary suspen-
41 sion shall terminate immediately upon acquittal or upon dismissal of the
42 criminal charge. A person whose permit, license or registration has been
43 temporarily suspended may, at any time, demand that the commission
44 conduct a hearing as provided for in section three thousand twelve of
45 this article. Within sixty days of such demand, the commission shall
46 commence the hearing and, within thirty days of receipt of the adminis-
47 trative judge's report and recommendation, the commission shall render a
48 final determination thereon; provided, however, that these time require-
49 ments, shall not apply for any period of delay caused or requested by
50 the permittee, licensee or registrant. Upon failure of the commission to
51 commence a hearing or render a determination within the time limits
52 prescribed herein, the temporary suspension of the licensee or regis-
53 trant shall immediately terminate. Notwithstanding any other provision
54 of this subdivision, if a federal, state, or local law enforcement agen-
55 cy or prosecutor's office shall request the suspension or deferment of
56 any hearing on the ground that such a hearing would obstruct or preju-
S. 4623 168
1 dice an investigation or prosecution, the commission may in its
2 discretion, postpone or defer such hearing for a time certain or indefi-
3 nitely. Any action by the commission to postpone a hearing shall be
4 subject to immediate judicial review as provided in subdivision seven of
5 section three thousand twelve of this article.
6 3. The commission may in addition, within its discretion, bar any
7 permittee, licensee or registrant whose license or registration has been
8 suspended pursuant to the provisions of subdivision one of this section,
9 from any employment by a licensed stevedore or a carrier of freight by
10 water during the period of such suspension, if the alleged crime that
11 forms the basis of such suspension involves the possession with intent
12 to distribute, sale, or distribution of a controlled dangerous substance
13 (controlled substance) or, in New Jersey, controlled dangerous substance
14 analog (controlled substance analog), racketeering or theft from a pier
15 or waterfront terminal.
16 § 3120. Continuance of port watchmen's licenses. Notwithstanding any
17 provision of subdivision five of section three thousand eleven of this
18 article, a license to act as a port watchman shall continue and need not
19 be renewed, provided the licensee shall, as required by the commission:
20 1. Submit to a medical examination and meet the physical and mental
21 fitness standards established by the commission pursuant to subdivision
22 three of section three thousand eleven of this article;
23 2. Complete a refresher course of training; and
24 3. Submit supplementary personal history information.
25 § 3121. Regularization of port watchmen's employment. The commission
26 shall, at regular intervals, cancel the license or temporary permit of a
27 port watchman who shall have failed during the preceding twelve months
28 to have worked as a port watchman in the port of New York district a
29 minimum number of hours as shall have been established by the commis-
30 sion, except that immediate restoration of such license or temporary
31 permit shall be made upon proper showing that the failure to so work was
32 caused by the fact that the licensee or permittee was engaged in the
33 military service of the United States or was incapacitated by ill
34 health, physical injury or other good cause.
35 § 3122. Duration of stevedore's license. A stevedore's license grant-
36 ed pursuant to section three thousand seven of this article shall be for
37 a term of five years or fraction of such five year period, and shall
38 expire on the first day of December. In the event of the death of the
39 licensee, if a natural person, or its termination or dissolution by
40 reason of a death of a partner, if a partnership, or if the licensee
41 shall cease to be a party to any contract of the type required by para-
42 graph (d) of subdivision three of section three thousand seven of this
43 article, the license shall terminate ninety days after such event or
44 upon its expiration date, whichever shall be sooner. A license may be
45 renewed by the commission for successive five year periods upon fulfill-
46 ing the same requirements as are set forth in section three thousand
47 seven of this article for an original application for a stevedore's
48 license.
49 § 3123. Implementation of telecommunications hiring system for long-
50 shoremen and checkers and registration of telecommunications system
51 controller. 1. The commission may designate one of the employment
52 information centers it is authorized to establish and maintain under
53 section three thousand thirteen of this article for the implementation
54 of a telecommunications hiring system through which longshoremen and
55 checkers may be hired and accept employment without any personal appear-
56 ance at said center. Any such telecommunications hiring system shall
S. 4623 169
1 incorporate hiring and seniority agreements between the employers of
2 longshoremen and checkers and the labor organization representing long-
3 shoremen and checkers in the port of New York district, provided said
4 agreements are not in conflict with the provisions of this part.
5 2. The commission shall permit employees of the association represent-
6 ing employers of longshoremen and checkers and of the labor organization
7 representing longshoremen and checkers in the port of New York district,
8 or of a joint board of such association and labor organization, to
9 participate in the operation of said telecommunications hiring system,
10 provided that any such employee is registered by the commission as a
11 "telecommunications system controller" in accordance with the
12 provisions, standards and grounds set forth in this part with respect to
13 the registration of checkers. No person shall act as a "telecommuni-
14 cations system controller" unless he or she is so registered. Any
15 application for such registration and any registration made or issued
16 may be denied, revoked, cancelled or suspended, as the case may be, only
17 in the manner prescribed in section three thousand twelve of this arti-
18 cle. Any and all such participation in the operation of said telecommu-
19 nications hiring system shall be monitored by the commission.
20 3. Any and all records, documents, tapes, discs and other data
21 compiled, collected or maintained by said association of employers,
22 labor organization and joint board of such association and labor organ-
23 ization pertaining to the telecommunications hiring system shall be
24 available for inspection, investigation and duplication by the commis-
25 sion.
26 PART III
27 COMMISSION ESTABLISHED FOR NEW YORK STATE
28 3201. Commission established for New York state.
29 3202. Prohibition against loitering.
30 3203. Prohibition against unions having officers, agents or
31 employees who have been convicted of certain crimes and
32 offenses.
33 3204. Exception to section 3203 of this part for certain employ-
34 ees.
35 § 3201. Commission established for New York state. Unless and until
36 the provisions of the compact contained in part I of this article shall
37 have been concurred in by the state of New Jersey, the consent of
38 congress given thereto, and the commission, provided for therein, estab-
39 lished:
40 1. The provisions of such compact and sections thirty-one hundred two,
41 thirty-one hundred three, thirty-one hundred four and thirty-one hundred
42 five of this article shall apply to and be in full force and effect
43 within the state of New York, except as limited by this section, and any
44 violation of such compact or section shall be a violation of the laws of
45 the state of New York, provided, however, that (with respect to the
46 definitions contained in such compact):
47 (a) "The port of New York district" shall mean only that portion of
48 the district within the state of New York;
49 (b) The "commission", hereinafter referred to in this section as the
50 "New York commission", shall mean and consist of the member appointed by
51 the governor of this state by and with the advice and consent of the
52 senate, and he shall possess and exercise all the powers and duties of
S. 4623 170
1 the commission set forth in part I of this article and any other powers
2 and duties conferred herein;
3 (c) The powers and duties of any other officer or agency of this state
4 prescribed by part I of this article or otherwise by this article shall
5 be effective as if the provisions of the compact were effective as a law
6 of this state; and
7 (d) The New York commission shall not be deemed to be a body corporate
8 and politic and shall be in the executive department of this state.
9 2. The New York commission is authorized to cooperate with a similar
10 commission of the state of New Jersey, to exchange information on any
11 matter pertinent to the purposes of this article, and to enter into
12 reciprocal agreements for the accomplishment of such purposes, including
13 but not limited to the following objectives:
14 (a) To provide for the reciprocal recognition of any license issued or
15 registration made by either commission;
16 (b) To give reciprocal effect to any revocation, suspension or repri-
17 mand with respect to any licensee, and any reprimand or removal from a
18 longshoremen's register;
19 (c) To provide that any act or omission by a licensee or registrant in
20 either state which would be a basis for disciplinary action against such
21 licensee or registrant if it occurred in the state in which the license
22 was issued or the person registered shall be the basis for disciplinary
23 action in both states;
24 (d) To provide that longshoremen registered in either state, who
25 perform work or who apply for work at an employment information center
26 within the other state shall be deemed to have performed work or to have
27 applied for work in the state in which they are registered.
28 3. Notwithstanding any other provision of law, the officers, employees
29 and agents of the commission established by this section may be
30 appointed or employed without regard to their state of residence. Such
31 commission may appoint or employ the same person to a similar office or
32 employment in this state as he holds in a similar commission or agency
33 of the state of New Jersey.
34 Notwithstanding any other provision of this article, for the purpose
35 of providing for the commission's expenses of administration during the
36 remainder of the calendar year following the effective date of this
37 article, and until June thirtieth, nineteen hundred fifty-four the
38 assessment for such expense shall be at the rate of one and one-half per
39 cent. Such assessment shall be made, collected and enforced in accord-
40 ance with section three thousand fourteen of this article.
41 § 3202. Prohibition against loitering. No person shall, without a
42 satisfactory explanation, loiter upon any vessel, dock, wharf, pier,
43 bulkhead, terminal, warehouse, or other waterfront facility or within
44 five hundred feet thereof in that portion of the port of New York
45 district within the state of New York.
46 § 3203. Prohibition against unions having officers, agents or employ-
47 ees who have been convicted of certain crimes and offenses. No person
48 shall solicit, collect or receive any dues, assessments, levies, fines
49 or contributions, or other charges within the state for or on behalf of
50 any labor organization which represents employees registered or licensed
51 pursuant to the provisions of this article or which derives its charter
52 from a labor organization representing one hundred or more of such
53 registered or licensed employees, if any officer, agent or employee of
54 such labor organization, or of a welfare fund or trust administered
55 partially or entirely by such labor organization or by trustees or other
56 persons designated by such labor organization, has been convicted by a
S. 4623 171
1 court of the United States, or any state or territory thereof, of a
2 felony, any misdemeanor involving moral turpitude or any crime or
3 offense enumerated in subdivision three (b) of section thirty-one
4 hundred sixteen of this article, unless he has been subsequently
5 pardoned therefor by the governor or other appropriate authority of the
6 state or jurisdiction in which such conviction was had or has received a
7 certificate of good conduct from the board of parole pursuant to the
8 provisions of the executive law to remove the disability. No person so
9 convicted shall serve as an officer, agent or employee of such labor
10 organization, welfare fund or trust unless such person has been so
11 pardoned or has received a certificate of good conduct. No person,
12 including such labor organization, welfare fund or trust, shall know-
13 ingly permit such convicted person to assume or hold any office, agency,
14 or employment in violation of this section.
15 As used in this section, the term "labor organization" shall mean and
16 include any organization which exists and is constituted for the purpose
17 in whole or in part of collective bargaining, or of dealing with employ-
18 ers concerning grievances, terms and conditions of employment, or of
19 other mutual aid or protection; but it shall not include a federation
20 or congress of labor organizations organized on a national or interna-
21 tional basis even though one of its constituent labor organizations may
22 represent persons so registered or licensed.
23 Any person who shall violate this section shall be guilty of a misde-
24 meanor punishable by a fine of not more than five hundred dollars or
25 imprisonment for not more than one year or both.
26 § 3204. Exception to section thirty-two hundred three of this part for
27 certain employees. If upon application to the commission by an employee
28 who has been convicted of a crime or offense specified in section thir-
29 ty-two hundred three of this part the commission, in its discretion,
30 determines in an order that it would not be contrary to the purposes and
31 objectives of this article for such employee to work in a particular
32 employment for a labor organization, welfare fund or trust within the
33 meaning of section thirty-two hundred three of this part, the provisions
34 of section thirty-two hundred three of this part shall not apply to the
35 particular employment of such employee with respect to such conviction
36 or convictions as are specified in the commission's order. This section
37 is applicable only to those employees who for wages or salary perform
38 manual, mechanical, or physical work of a routine or clerical nature at
39 the premises of the labor organization, welfare fund or trust by which
40 they are employed.
41 PART IV
42 COMPACT
43 3301. Compact.
44 3302. Findings and declarations.
45 3303. Definitions.
46 3304. General powers of the commission.
47 3305. Airfreightmen and airfreightman supervisors.
48 3306. Air freight terminal operators; air freight truck carri-
49 ers; and airfreightmen; labor relations consultants.
50 3307. Air freight security area.
51 3308. Hearings, determinations and review.
52 3309. Expenses of administration.
53 3310. General violations; prosecutions; penalties.
54 3311. Amendments; construction; short title.
S. 4623 172
1 § 3301. Compact. The state of New York hereby agrees with the state
2 of New Jersey, upon the enactment by the state of New Jersey of legis-
3 lation having the same effect as this section, to the following compact:
4 § 3302. Findings and declarations. 1. The states of New York and New
5 Jersey hereby find and declare that the movement of freight through the
6 two states is vital to their economies and prosperity; that ever
7 increasing amounts of such freight are being carried by the air freight
8 industry; that said air freight industry in the two states constitutes
9 an inseparable and integral unit of the commerce of the two states;
10 that criminal and racketeer elements have infiltrated the air freight
11 industry; that such criminal infiltration is threatening the growth of
12 said air freight industry; that one of the means by which such criminal
13 and racketeer elements infiltrate the air freight industry is by posing
14 as labor relations consultants and that firms handling air freight are
15 often forced to employ or engage such persons; that the air freight
16 industry is suffering an alarming rise in the amount of pilferage and
17 theft of air freight; and that it is imperative to the continued growth
18 and economic well-being of the states of New York and New Jersey that
19 every possible effective measure be taken to prevent the pilferage and
20 theft of air freight and the criminal infiltration of the air freight
21 industry.
22 2. The states of New York and New Jersey hereby find and declare that
23 many of the evils existing in the air freight industry result not only
24 from the causes above described but from the lack of regulation of the
25 air freight industry in and about the port of New York district; that
26 the air freight industry is affected with a public interest requiring
27 regulation, just as the states of New York and New Jersey have hereto-
28 fore found and declared in respect to the shipping industry; and that
29 such regulation of the air freight industry shall be deemed an exercise
30 of the police power of the two states for the protection of the public
31 safety, welfare, prosperity, health, peace and living conditions of the
32 people of the states.
33 § 3303. Definitions. As used in this compact:
34 1. "Commission" shall mean the waterfront and airport commission of
35 New York and New Jersey established by section three thousand four of
36 this article.
37 2. "Airport" shall mean any area on land, water or building or any
38 other facility located within the states of New York and New Jersey
39 (except a military installation of the United States government) (a)
40 which is located within one hundred miles of any point in the port of
41 New York district, (b) which is used, or intended for use, for the land-
42 ing and take-off of aircraft operated by an air carrier, and any appur-
43 tenant areas which are used or intended for use, for airport buildings
44 or other airport facilities or rights of way, together with all airport
45 buildings, equipment, aircraft, and facilities located thereon, and (c)
46 where the total tonnage of air freight in a calendar year loaded and
47 unloaded on and from aircraft exceeds twenty thousand tons.
48 3. "Air carrier" shall mean any person who may be engaged or who may
49 hold himself out as willing to be engaged, whether as a common carrier,
50 as a contract carrier or otherwise, in the carriage of freight by air.
51 4. "Air freight" shall mean freight (including baggage, aircraft
52 stores and mail) which is, has been, or will be carried by or consigned
53 for carriage by an air carrier.
54 5. "Air freight terminal" shall include any warehouse, depot or other
55 terminal (other than an airport) (a) any part of which is located within
56 an airport and any part of which is used for the storage of air freight,
S. 4623 173
1 or (b) which is operated by an air carrier or a contractor of an air
2 carrier and any part of which is used for the storage of air freight and
3 any part of which is located within the port of New York district.
4 6. "Air freight terminal operator" shall mean the owner, lessee, or
5 contractor or such other person (other than an employee) who is in
6 direct and immediate charge and control of an air freight terminal, or
7 any portion thereof.
8 7. "Air freight truck carrier" shall mean a contractor (other than an
9 employee) engaged for compensation pursuant to a contract or arrange-
10 ment, directly or indirectly, with an air carrier or air carriers or
11 with an air freight terminal operator or operators in the moving of
12 freight to or from an airport or air freight terminal by a truck or
13 other motor vehicle used primarily for the transportation of property.
14 8. "Air freight security area" shall mean any area located within the
15 airport to which the commission determines that limited ingress and
16 egress is required for the protection and security of any air freight
17 located within the airport.
18 9. "Airfreightman" shall mean a natural person who is employed
19 (a) by any person to physically move or to perform services incidental
20 to the movement of air freight at an airport or in an air freight termi-
21 nal; or
22 (b) by an air carrier or an air freight terminal operator or an air
23 freight truck carrier to transport or to assist in the transportation of
24 air freight to or from an airport or air freight terminal; or
25 (c) by any person to engage in direct and immediate checking of any
26 air freight located in an airport or in an air freight terminal or of
27 the custodial accounting therefor.
28 10. "Airfreightman supervisor" shall mean a natural person who is
29 employed to supervise directly and immediately the work of an airfr-
30 eightman at an airport or at an air freight terminal.
31 11. "Airfreightman labor relations consultant" shall mean any person
32 who, pursuant to any contract or arrangement, advises or represents an
33 air carrier, an air freight terminal operator, or an air freight truck
34 carrier, or an organization of such employers (whether or not incorpo-
35 rated), or a labor organization representing any airfreightmen or airfr-
36 eightman supervisors, concerning the organization or collective bargain-
37 ing activities of airfreightmen or airfreightman supervisors, but shall
38 not include any person designated by any government official or body to
39 so act or any person duly licensed to practice law as an attorney in any
40 jurisdiction. As used in this paragraph, the term "labor organization"
41 shall mean and include any labor organization to which section thirty-
42 four hundred one of this article is applicable.
43 12. "Person" shall mean not only a natural person but also any part-
44 nership, joint venture, association, corporation or any other legal
45 entity but shall not include the United States, any state or territory
46 thereof or any department, division, board, commission or authority of
47 one or more of the foregoing or any officer or employee thereof while
48 engaged in the performance of his official duties.
49 13. "The port of New York district" shall mean the district created by
50 article II of the compact dated April thirtieth, nineteen hundred twen-
51 ty-one, between the states of New York and New Jersey, authorized by
52 chapter one hundred fifty-four of the laws of New York of nineteen
53 hundred twenty-one and continued by article I of this chapter, and chap-
54 ter one hundred fifty-one of the laws of New Jersey of nineteen hundred
55 twenty-one, and any amendments thereto.
S. 4623 174
1 14. "Court of the United States" shall mean all courts enumerated in
2 section four hundred fifty-one of title twenty-eight of the United
3 States code and the courts-martial of the armed forces of the United
4 States.
5 15. "Witness" shall mean any person whose testimony is desired in any
6 investigation, interview or other proceeding conducted by the commission
7 pursuant to the provisions of this compact.
8 16. "Compact" shall mean this compact and rules and regulations
9 lawfully promulgated thereunder and shall also include any amendments or
10 supplements to this compact to implement the purposes thereof adopted by
11 the action of the legislature of either the state of New York or the
12 state of New Jersey concurred in by the legislature of the other.
13 § 3304. General powers of the commission. In addition to the powers
14 and duties of the commission conferred in parts I, II, III, and V of
15 this article, the commission shall have the power:
16 1. To administer and enforce the provisions of this compact;
17 2. To establish such divisions and departments within the commission
18 as the commission may deem necessary and to appoint such officers,
19 agents and employees as it may deem necessary, prescribe their powers,
20 duties and qualifications and fix their compensation and retain and
21 employ counsel and private consultants on a contract basis or otherwise;
22 3. To make and enforce such rules and regulations as the commission
23 may deem necessary to effectuate the purposes of this compact or to
24 prevent the circumvention or evasion thereof including, but not limited
25 to, rules and regulations (which shall be applicable to any person
26 licensed by the commission, his employer, or any other person within an
27 airport) to provide for the maximum protection of air freight, such as
28 checking and custodial accounting, guarding, storing, fencing, gatehous-
29 es, access to air freight, air freight loss reports, and any other
30 requirements which the commission in its discretion may deem to be
31 necessary and appropriate to provide such maximum protection. The rules
32 and regulations of the commission shall be effective upon publication in
33 the manner which the commission shall prescribe and upon filing in the
34 office of the secretary of state of each state. A certified copy of any
35 such rules and regulations, attested as true and correct by the commis-
36 sion, shall be presumptive evidence of the regular making, adoption,
37 approval and publication thereof;
38 4. To have for its members and its properly designated officers,
39 agents and employees, full and free access, ingress and egress to and
40 from all airports, air freight terminals, all aircraft traveling to or
41 from an airport and all trucks or other motor vehicles or equipment
42 which are carrying air freight to or from any airport or air freight
43 terminal for the purposes of conducting investigations, making
44 inspections or enforcing the provisions of this compact; and no person
45 shall obstruct or in any way interfere with any such member, officer,
46 employee or agent in the making of such investigation or inspection or
47 in the enforcement of the provisions of this compact or in the perform-
48 ance of any other power or duty under this compact;
49 5. To make investigations, collect and compile information concerning
50 airport practices generally, and upon all matters relating to the accom-
51 plishment of the objectives of this compact;
52 6. To advise and consult with representatives of labor and industry
53 and with public officials and agencies concerned with the effectuation
54 of the purposes of this compact, upon all matters which the commission
55 may desire, including but not limited to the form and substance of rules
56 and regulations and the administration of the compact and the expe-
S. 4623 175
1 ditious handling and efficient movement of air freight consistent with
2 the security of such air freight;
3 7. To make annual and other reports to the governors and legislatures
4 of both states containing recommendations for the effectuation of the
5 purposes of this compact;
6 8. To issue temporary licenses and temporary permits under such terms
7 and conditions as the commission may prescribe;
8 9. In any case in which the commission has the power to revoke or
9 suspend any license or permit the commission shall also have the power
10 to impose as an alternative to such revocation or suspension, a penalty,
11 which the licensee or permittee may elect to pay the commission in lieu
12 of the revocation or suspension. The maximum penalty shall be five
13 thousand dollars for each separate offense. The commission may, for good
14 cause shown, abate all or part of such penalty;
15 10. To determine the location, size and suitability of field and
16 administrative offices and any other accommodations necessary and desir-
17 able for the performance of the commission's duties under this compact;
18 11. To acquire, hold and dispose of real and personal property, by
19 gift, purchase, lease, license or other similar manner, for its corpo-
20 rate purposes, and in connection therewith to borrow money;
21 12. To recover possession of any card or other means of identification
22 issued by the commission as evidence of a license or permit in the event
23 that the holder thereof no longer is a licensee or permittee;
24 13. To require any licensee or permittee to exhibit upon demand the
25 license or permit issued to him by the commission or to wear such
26 license or permit.
27 The powers and duties of the commission may be exercised by officers,
28 employees and agents designated by them, except the power to make rules
29 and regulations. The commission shall have such additional powers and
30 duties as may hereafter be delegated to or imposed upon it from time to
31 time by the action of the legislature of either state concurred in by
32 the legislature of the other.
33 § 3305. Airfreightmen and airfreightman supervisors. 1. On and after
34 the ninetieth day after the effective date of this compact, no person
35 shall act as an airfreightman or an airfreightman supervisor within the
36 state of New York or the state of New Jersey without having first
37 obtained from the commission a license to act as such airfreightman or
38 airfreightman supervisor, as the case may be, and no person shall employ
39 another person to act as an airfreightman or airfreightman supervisor
40 who is not so licensed.
41 2. A license to act as an airfreightman or airfreightman supervisor
42 shall be issued only upon the written application, under oath, of the
43 person proposing to employ or engage another person to act as such
44 airfreightman or airfreightman supervisor, verified by the prospective
45 licensee as to the matters concerning him, and shall set forth the
46 prospective licensee's full name, residence address, social security
47 number, and such further facts and evidence as may be required by the
48 commission to determine the identity, the existence of a criminal
49 record, if any, and the eligibility of the prospective licensee for a
50 license.
51 3. The commission may in its discretion deny the application for such
52 license submitted on behalf of a prospective licensee for any of the
53 following causes:
54 (a) Conviction by a court of the United States or any state or terri-
55 tory thereof, without subsequent pardon, of the commission of, or the
56 attempt or conspiracy to commit, treason, murder, manslaughter, coercion
S. 4623 176
1 or any felony or high misdemeanor or any of the following misdemeanors
2 or offenses (excluding, however, any conviction for a misdemeanor or
3 lesser offense arising out of physical misconduct committed during the
4 course of lawful organizational or collective bargaining activities of
5 any labor organization): illegally using, carrying or possessing a
6 pistol or other dangerous weapon; making, manufacturing or possessing
7 burglar's instruments; buying or receiving stolen property; criminal
8 possession of stolen property; unlawful entry of a building; criminal
9 trespass; aiding an escape from prison; and unlawfully possessing,
10 selling or distributing a dangerous drug;
11 (b) Conviction by any such court, after having been previously
12 convicted by any such court of any crime or of the offenses hereinafter
13 set forth, of a misdemeanor or any of the following offenses (excluding,
14 however, any conviction for a misdemeanor or lesser offense arising out
15 of physical misconduct committed during the course of lawful organiza-
16 tional or collective bargaining activities of any labor organization):
17 assault, malicious injury to property, criminal mischief, malicious
18 mischief, criminal tampering, unlawful use or taking of a motor vehicle,
19 corruption of employees, promoting gambling, possession of gambling
20 records or devices, or possession of lottery or number slips;
21 (c) Fraud, deceit or misrepresentation in connection with any applica-
22 tion or petition submitted to, or any interview, hearing or proceeding
23 conducted by the commission;
24 (d) Violation of any provision of this section or the commission of
25 any offense thereunder;
26 (e) Refusal on the part of the applicant, or prospective licensee, to
27 answer any material question or produce any material evidence in
28 connection with the application;
29 (f) As to an airfreightman, his presence at the airports or air
30 freight terminals is found by the commission on the basis of the facts
31 and evidence before it to constitute a danger to the public peace or
32 safety;
33 (g) As to an airfreightman supervisor, failure to satisfy the commis-
34 sion that the prospective licensee possesses good character and integri-
35 ty;
36 (h) Conviction of a crime or other cause which would permit reprimand
37 of such prospective licensee or the suspension or revocation of his
38 license if such person were already licensed.
39 4. When the application shall have been examined and such further
40 inquiry and investigation made as the commission shall deem proper and
41 when the commission shall be satisfied therefrom that the prospective
42 licensee possesses the qualifications and requirements prescribed in
43 this article, the commission shall issue and deliver to the prospective
44 licensee a license to act as an airfreightman or as an airfreightman
45 supervisor, as the case may be, and shall inform the applicant of its
46 action.
47 5. The commission shall have the power to reprimand any airfreightman
48 or airfreightman supervisor licensed under this article or to revoke or
49 suspend his license for such period as the commission deems in the
50 public interest for any of the following causes:
51 (a) Conviction of a crime or other cause which would permit the denial
52 of a license upon original application;
53 (b) Fraud, deceit or misrepresentation in securing the license, or in
54 the conduct of the licensed activity;
55 (c) Transfer or surrender of possession to any person either temporar-
56 ily or permanently of any card or other means of identification issued
S. 4623 177
1 by the commission as evidence of a license, without satisfactory expla-
2 nation;
3 (d) False impersonation of another person who is a licensee or permit-
4 tee of the commission under this compact;
5 (e) Wilful commission of, or wilful attempt to commit at an airport or
6 at an air freight terminal or adjacent highway any act of physical inju-
7 ry to any other person or of wilful damage to or misappropriation of any
8 other person's property, unless justified or excused by law.
9 (f) Violation of any of the provisions of this compact or inducing or
10 otherwise aiding or abetting any person to violate the terms of this
11 compact;
12 (g) Addiction to the use of, or unlawful possession, sale or distrib-
13 ution of a dangerous drug;
14 (h) Paying, giving, causing to be paid or given or offering to pay or
15 give to any person any valid consideration to induce such other person
16 to violate any provision of this compact or to induce any public offi-
17 cer, agent or employee to fail to perform his duty under this compact;
18 (i) Consorting with known criminals for unlawful purposes;
19 (j) Receipt or solicitation of anything of value from any person other
20 than the licensee's or permittee's employer as consideration for the
21 selection or retention for employment of any person who is a licensee or
22 permittee of the commission under this compact;
23 (k) Coercion of any person who is a licensee or permittee of the
24 commission under this compact by threat of discrimination or violence or
25 economic reprisal to make purchases from or to utilize the services of
26 any person;
27 (l) Lending any money to or borrowing any money from any person who is
28 a licensee or permittee of the commission under this compact for which
29 there is a charge of interest or other consideration which is usurious;
30 (m) Conviction of any criminal offense in relation to gambling, book-
31 making, pool selling, lotteries or similar crimes or offenses if the
32 crime or offense was committed at an airport or air freight terminal or
33 within five hundred feet thereof;
34 (n) Refusal to answer any material question or produce any material
35 evidence lawfully required to be answered or produced at any investi-
36 gation, interview or other proceeding conducted by the commission pursu-
37 ant to the provisions of this compact, or, if such refusal is accompa-
38 nied by a valid plea of privilege against self-incrimination, refusal to
39 obey an order to answer such question or produce such evidence made by
40 the commission pursuant to the power of the commission under this
41 compact to grant immunity from prosecution;
42 (o) Refusal to exhibit his license or permit upon the demand of any
43 officer, agent or employee of the commission or failure to wear such
44 license or permit when required.
45 6. A license granted pursuant to this section shall expire on the
46 expiration date (which shall be at least one year from the date of its
47 issuance) set forth by the commission on the card or other means of
48 identification issued by the commission as evidence of a license or upon
49 the termination of employment with the employer who applied for the
50 license. Upon expiration thereof, a license may be renewed by the
51 commission upon fulfilling the same requirements as are set forth in
52 this compact for an original application.
53 § 3306. Air freight terminal operators; air freight truck carriers;
54 and airfreightmen; labor relations consultants. 1. On and after the
55 ninetieth day after the effective date of this compact, no person,
56 except an air carrier, shall act as an air freight terminal operator or
S. 4623 178
1 as an air freight truck carrier or as an airfreightman labor relations
2 consultant within the state of New York or the state of New Jersey with-
3 out having first obtained a license from the commission to act as an air
4 freight terminal operator or as an air freight truck carrier or as an
5 airfreightman labor relations consultant, as the case may be, and no
6 person shall employ or engage another person to perform services as an
7 air freight terminal operator or as an air freight truck carrier or as
8 an airfreightman labor relations consultant who is not so licensed.
9 2. Any person intending to act as an air freight terminal operator or
10 as an air freight truck carrier or as an airfreightman labor relations
11 consultant within the state of New York or the state of New Jersey shall
12 file in the office of the commission a written application for a license
13 to engage in such occupation duly signed and verified as follows:
14 (a) If the applicant is a natural person, the application shall be
15 signed and verified by such person and if the applicant is a partner-
16 ship, the application shall be signed and verified by each natural
17 person composing or intending to compose such partnership. The applica-
18 tion shall state the full name, age, residence, business address (if
19 any), present and previous occupations of each natural person so signing
20 the same, and any other facts and evidence as may be required by the
21 commission to ascertain the character, integrity, identity and criminal
22 record, if any, of each natural person so signing such application.
23 (b) If the applicant is a corporation, the application shall be signed
24 and verified by the president, secretary and treasurer thereof, and
25 shall specify the name of the corporation, the date and place of its
26 incorporation, the location of its principal place of business, the
27 names and addresses of, and the amount of the stock held by stockholders
28 owning ten per cent or more of any of the stock thereof, and of all the
29 officers (including all members of the board of directors). The
30 requirements of paragraph (a) of this subdivision as to a natural person
31 who is a member of a partnership, and such requirements as may be speci-
32 fied in rules and regulations promulgated by the commission, shall apply
33 to each such officer or stockholder and their successors in office or
34 interest as the case may be.
35 In the event of the death, resignation or removal of any officer, and
36 in the event of any change in the list of stockholders who shall own ten
37 per cent or more of the stock of the corporation, the secretary of such
38 corporation shall forthwith give notice of that fact in writing to the
39 commission, certified by said secretary.
40 3. No such license shall be granted
41 (a) If any person whose signature or name appears in the application
42 is not the real party in interest required by subdivision two of this
43 section to sign or to be identified in the application or if the person
44 so signing or named in the application is an undisclosed agent or trus-
45 tee for any such real party in interest or if any such real party in
46 interest does not sign the application;
47 (b) Unless the commission shall be satisfied that the applicant and
48 all members, officers and stockholders required by subdivision two of
49 this section to sign or be identified in the application for license
50 possess good character and integrity;
51 (c) If the applicant or any member, officer or stockholder required by
52 subdivision two of this section to sign or be identified in the applica-
53 tion for license has, without subsequent pardon, been convicted by a
54 court of the United States or any state or territory thereof of the
55 commission of, or the attempt or conspiracy to commit any crime or
56 offense described in paragraph (a) of subdivision three of section thir-
S. 4623 179
1 ty-three hundred five of this part. Any applicant ineligible for a
2 license by reason of any such conviction may submit satisfactory
3 evidence to the commission that the person whose conviction was the
4 basis of ineligibility has for a period of not less than five years,
5 measured as hereinafter provided and up to the time of application, so
6 conducted himself as to warrant the grant of such license, in which
7 event the commission may, in its discretion issue an order removing such
8 ineligibility. The aforesaid period of five years shall be measured
9 either from the date of payment of any fine imposed upon such person or
10 the suspension of sentence or from the date of his unrevoked release
11 from custody by parole, commutation or termination of his sentence.
12 Such petition may be made to the commission before or after the hearing
13 on the application;
14 (d) If, on or after the effective date of this compact, the applicant
15 has paid, given, caused to have been paid or given or offered to pay or
16 give to any officer or employee of any other person employing or engag-
17 ing him in his licensed activity any valuable consideration for an
18 improper or unlawful purpose or to induce such officer or employee to
19 procure the employment of the applicant in his licensed activity by such
20 other person;
21 (e) If, on or after the effective date of this compact, the applicant
22 has paid, given, caused to have been paid, or given or offered to pay or
23 give to any officer or representative of a labor organization any valu-
24 able consideration for an improper or unlawful purpose or to induce such
25 officer or representative to subordinate the interest of such labor
26 organization or its members in the management of the affairs of such
27 labor organization to the interests of the applicant or any other
28 person;
29 (f) If, on or after the effective date of this compact, the applicant
30 has paid, given, caused to have been paid or given or offered to pay or
31 give to any agent of any other person any valuable consideration for an
32 improper or unlawful purpose or, without the knowledge and consent of
33 such other person, to induce such agent to procure the employment of the
34 applicant in his licensed activity by such other person.
35 4. When the application shall have been examined and such further
36 inquiry and investigation made as the commission shall deem proper and
37 when the commission shall be satisfied therefrom that the applicant
38 possess the qualifications and requirements prescribed in this section,
39 the commission shall issue and deliver a license to the applicant.
40 5. The commission shall have the power to reprimand any person
41 licensed under this section or to revoke or suspend his license for such
42 period as the commission deems in the public interest for any of the
43 following causes on the part of the licensee or of any person required
44 by subdivision two of this section to sign or be identified in an
45 original application for a license:
46 (a) Any cause set forth in subdivision five of section thirty-three
47 hundred five of this part;
48 (b) Failure by the licensee to maintain a complete set of books and
49 records containing a true and accurate account of the licensee's
50 receipts and disbursements arising out of his licensed activities;
51 (c) Failure to keep said books and records available during business
52 hours for inspection by the commission and its duly designated represen-
53 tatives until the expiration of the fifth calendar year following the
54 calendar year during which occurred the transactions recorded therein;
55 (d) Failure to pay any assessment or fee payable to the commission
56 under this compact when due.
S. 4623 180
1 6. A license granted pursuant to this section shall expire on the
2 expiration date (which shall be at least one year from the date of its
3 issuance) set forth by the commission on the card or other means of
4 identification issued by the commission as evidence of a license. Upon
5 expiration thereof, a license may be renewed by the commission upon
6 fulfilling the same requirements as are set forth in this section for an
7 original application.
8 § 3307. Air freight security area. 1. On or after the effective date
9 of this compact, the commission shall have the power to designate any
10 area located within an airport as an air freight security area. No
11 person who is not licensed by the commission pursuant to this compact
12 shall have ingress to an air freight security area unless issued a
13 permit by the commission.
14 2. Any person who is not licensed by the commission pursuant to this
15 compact and who desires upon any occasion ingress to an air freight
16 security area shall apply at the entrance to such area for a permit for
17 ingress for that particular occasion. In order to secure a permit, a
18 prospective permittee must show identification establishing his name and
19 address and he may be required by the commission to sign a consent to
20 the surrender of his permit upon egress from such area and, if he is
21 driving a motor vehicle, to an inspection of his motor vehicle upon
22 egress from such area. Any person desiring a permit to enter an air
23 freight security area may be denied such permit by the commission in its
24 discretion if the commission determines that the presence of such person
25 in such area would constitute a danger to the public peace or safety.
26 3. Any person whose business, employment or occupation requires him to
27 have ingress upon a regular basis to an air freight security area shall
28 be required, in order to obtain ingress to such area, to apply to the
29 commission for a permit for a fixed period of duration to be determined
30 by the commission. Such applicant for a permit of a fixed period of
31 duration shall fulfill the same requirements as the prospective licensee
32 for an airfreightman's license. The commission may in the exercise of
33 its discretion suspend or revoke such permit of a fixed period of dura-
34 tion for the same causes which would permit the commission to revoke the
35 license of an airfreightman.
36 4. The commission shall have the power to inspect any truck or any
37 other motor vehicle within an air freight security area.
38 5. The provisions of this article shall not be applicable to any
39 person who is a member of the flight crew or flight personnel of an
40 aircraft which is operated by an air carrier and which is located within
41 an air freight security area upon a showing of such identification as
42 may be required by the commission.
43 § 3308. Hearings, determinations and review. 1. The commission shall
44 not deny any application for a license or permit without giving the
45 applicant or prospective licensee or permittee reasonable prior notice
46 and an opportunity to be heard.
47 2. Any application for a license or permit, and any license or permit
48 issued, may be denied, revoked or suspended, as the case may be, only in
49 the manner prescribed in this section.
50 3. The commission may on its own initiative or on complaint of any
51 person, including any public official or agency, institute proceedings
52 to revoke or suspend any license or permit after a hearing at which the
53 licensee or permittee and any person making such complaint shall be
54 given an opportunity to be heard, provided that any order of the commis-
55 sion revoking or suspending any license or permit shall not become
56 effective until fifteen days subsequent to the serving of notice thereof
S. 4623 181
1 upon the licensee or permittee unless in the opinion of the commission
2 the continuance of the license or permit for such period would be inimi-
3 cal to the public peace or safety. Such hearings shall be held in such
4 manner and upon such notice as may be prescribed by the rules of the
5 commission, but such notice shall be of not less than ten days and shall
6 state the nature of the complaint.
7 4. Pending the determination of such hearing pursuant to subdivision
8 three of this section, the commission may temporarily suspend a license
9 or permit if in the opinion of the commission the continuance of the
10 license or permit for such period is inimical to the public peace or
11 safety.
12 5. The commission, or such member, officer, employee or agent of the
13 commission as may be designated by the commission for such purpose,
14 shall have the power to issue subpoenas throughout both states to compel
15 the attendance of witnesses and the giving of testimony or production of
16 other evidence and to administer oaths in connection with any such hear-
17 ing. It shall be the duty of the commission or of any such member,
18 officer, employee or agent of the commission designated by the commis-
19 sion for such purpose to issue subpoenas at the request of and upon
20 behalf of the licensee, permittee or applicant. The commission or such
21 person conducting the hearing shall not be bound by common law or statu-
22 tory rules of evidence or by technical or formal rules or procedure in
23 the conduct of such hearing.
24 6. Upon the conclusion of the hearing, the commission shall take such
25 action upon such findings and determinations as it deems proper and
26 shall execute an order carrying such findings into effect. The action
27 in the case of an application for a license or permit shall be the
28 granting or denial thereof. The action in the case of a licensee or
29 permittee shall be revocation of the license or permit or suspension
30 thereof for a fixed period or reprimand or a dismissal of the charges.
31 7. The action of the commission in denying any application for a
32 license or permit or in suspending or revoking such license or permit or
33 in reprimanding a licensee or permittee shall be subject to judicial
34 review by a proceeding instituted in either state at the instance of the
35 applicant, licensee or permittee in the manner provided by the law of
36 such state for review of the final decision or action of administrative
37 agencies of such state, provided, however, that notwithstanding any
38 other provision of law the court shall have power to stay for not more
39 than thirty days an order of the commission suspending or revoking a
40 license or permit.
41 8. At hearings conducted by the commission pursuant to this section,
42 applicants, prospective licensees and permittees, licensees and permit-
43 tees shall have the right to be accompanied and represented by counsel.
44 9. After the conclusion of a hearing but prior to the making of an
45 order by the commission, a hearing may, upon petition and in the
46 discretion of the hearing officer, be reopened for the presentation of
47 additional evidence. Such petition to reopen the hearing shall state in
48 detail the nature of the additional evidence, together with the reasons
49 for the failure to submit such evidence prior to the conclusion of the
50 hearing. The commission may upon its own motion and upon reasonable
51 notice reopen a hearing for the presentation of additional evidence.
52 Upon petition, after the making of an order of the commission, rehearing
53 may be granted in the discretion of the commission. Such a petition for
54 rehearing shall state in detail the grounds upon which the petition is
55 based and shall separately set forth each error of law and fact alleged
56 to have been made by the commission in its determination, together with
S. 4623 182
1 the facts and arguments in support thereof. Such petition shall be
2 filed with the commission not later than thirty days after service of
3 such order unless the commission for good cause shown shall otherwise
4 direct. The commission may upon its own motion grant a rehearing after
5 the making of an order.
6 § 3309. Expenses of administration. 1. In addition to the budget of
7 its expenses under the waterfront commission compact, the commission
8 shall annually adopt a budget of its expenses under this compact for
9 each year. The annual budget shall be submitted to the governors of the
10 two states and shall take effect as submitted provided that either
11 governor may within thirty days disapprove or reduce any item or items,
12 and the budget shall be adjusted accordingly.
13 2. After taking into account such funds as may be available to it from
14 reserves in excess of ten per cent of such budget under this compact,
15 federal grants, or otherwise, the balance of the commission's budgeted
16 expenses shall be obtained by fees payable under this article and by
17 assessments upon employers of persons licensed under this compact as
18 provided in this article.
19 3. With respect to airfreightmen and airfreightman supervisors who are
20 employed by an air freight truck carrier regularly to move freight to or
21 from an airport, the employers shall pay to the commission for each such
22 airfreightman and airfreightman supervisor a license fee to be deter-
23 mined by the commission, not in excess of one hundred dollars for each
24 year, commencing with the first day of April. The employer of every
25 person who is issued a permit of fixed duration by the commission for
26 ingress to an air freight security area, or the permittee himself if he
27 is self-employed, shall pay to the commission a fee to be determined by
28 the commission, not in excess of seventy-five dollars for each year,
29 commencing with the first day of April. The commission shall reduce the
30 maximum fees payable under this section proportionately with any
31 reduction in the maximum assessment rate of two per cent provided for by
32 this section.
33 4. Every employer of airfreightmen and airfreightman supervisors
34 licensed by the commission, except as otherwise provided in subdivision
35 three of this section, shall pay to the commission an assessment
36 computed upon the gross payroll payments made by such employer to airfr-
37 eightmen and airfreightman supervisors for work performed as such, at a
38 rate, not in excess of two per cent, computed by the commission, in the
39 following manner: the commission shall annually estimate the fees paya-
40 ble under this section and the gross payroll payments to be made by
41 employers subject to assessment and shall compute the fees and a rate of
42 assessment which will yield revenues sufficient to finance the balance
43 of the commission's budget for each year as provided in subdivision two
44 of this section. The commission may hold in reserve an amount not to
45 exceed ten per cent of its total budgeted expenses for the year, which
46 reserve shall not be included as part of the budget. Such reserve shall
47 be held for the stabilization of annual assessments, the payment of
48 operating deficits and for the repayment of any advances made by the two
49 states.
50 5. The amount required to balance the commission's budget in excess of
51 the estimated yield of the maximum fees and assessment, shall be certi-
52 fied by the commission, with the approval of the respective governors,
53 to the legislatures of the two states, in proportion to the respective
54 totals of the assessments and fees paid to the commission by persons in
55 each of the two states. The legislatures shall annually appropriate to
56 the commission the amount so certified.
S. 4623 183
1 6. The assessments and fees hereunder shall be in lieu of any other
2 charge for the issuance of licenses or permits by the commission pursu-
3 ant to this compact.
4 7. In addition to any other sanction provided by law, the commission
5 may revoke or suspend any license or permit held by any employer under
6 this compact and/or the license or permit held under this compact by any
7 employees of such employer, or the permit held under this compact by any
8 permittee who is self-employed, and in addition the commission may deny
9 ingress to such employers, employees or permittees to air freight secu-
10 rity areas, for nonpayment of any assessment or fee when due.
11 8. Every person subject to the payment of any assessment under this
12 compact shall file on or before the twentieth day of the first month of
13 each calendar quarter-year a separate return, together with the payment
14 of the assessment due, for the preceding calendar quarter-year during
15 which any payroll payments were made to licensed persons for whom
16 assessments are payable for work performed as such. Returns covering the
17 amount of assessment payable shall be filed with the commission on forms
18 to be furnished for such purpose and shall contain such data, informa-
19 tion or matter as the commission may require to be included therein.
20 The commission may grant a reasonable extension of time for filing
21 returns, or for payment of assessment, whenever good cause exists.
22 Every return shall have annexed thereto a certification to the effect
23 that the statements contained therein are true.
24 9. Every person subject to the payment of assessment hereunder shall
25 keep an accurate record of his employment of licensed persons for whom
26 assessments are payable, which shall show the amount of compensation
27 paid and such other information as the commission may require. Such
28 records shall be preserved for a period of three years and be open for
29 inspection at reasonable times. The commission may consent to the
30 destruction of any such records at any time after said period or may
31 require that they be kept longer but not in excess of six years.
32 10. (a) The commission shall audit and determine the amount of assess-
33 ment due from the return filed and such other information as is avail-
34 able to it. Whenever a deficiency in payment of the assessment is
35 determined the commission shall give notice of any such determination to
36 the person liable therefor. Such determination shall finally and
37 conclusively fix the amount due, unless the person against whom it is
38 assessed shall, within thirty days after the giving of notice of such
39 determination, apply in writing to the commission for a hearing, or
40 unless the commission on its own motion shall reduce the same. After
41 such hearing, the commission shall give notice of its decision to the
42 person liable therefor. A determination of the commission under this
43 subdivision shall be subject to judicial review, if application for such
44 review is made within thirty days after the giving of notice of such
45 decision. Any determination under this section shall be made within
46 five years from the time the return was filed and if no return was filed
47 such determination may be made at any time.
48 (b) Any notice authorized or required under this section may be given
49 by mailing the same to the person for whom it is intended at the last
50 address given by him to the commission, or in the last return filed by
51 him with the commission under this section, or if no return has been
52 filed then to such address as may be obtainable. The mailing of such
53 notice shall be presumptive evidence of the receipt of same by the
54 person to whom addressed. Any period of time, which is determined
55 according to the provision of this subdivision, for the giving of notice
56 shall commence to run from the date of mailing of such notice.
S. 4623 184
1 11. Every person required to pay a fee for a license or a permit under
2 this section shall pay the same upon filing of the application with the
3 commission for such license or permit. The fee for such license or
4 permit shall be prorated for the fiscal year for which the same is paya-
5 ble as of the date the application for such license or permit is filed
6 with the commission. The commission shall prorate and make a refund of
7 such fee for the period between the date of application and the date of
8 the issuance of such license or permit. Upon surrender of such license
9 or permit or upon the revocation of any such license or permit issued to
10 an employee before the expiration of the fiscal year, the commission
11 shall make a refund prorated for the unexpired portion of the year, less
12 ten per cent of such refund. In the event of denial of any application
13 for a license or permit, the commission shall refund the fee paid upon
14 application, less ten per cent of such refund.
15 12. Whenever any person shall fail to pay, within the time limited
16 herein, any assessment or fee which he is required to pay to the commis-
17 sion under the provisions of this section the commission may enforce
18 payment of such assessment or fee by civil action for the amount of such
19 assessment or fee with interest and penalties.
20 13. The employment by a nonresident of a licensed person or permittee
21 for whom assessments or fees are payable in either state or the desig-
22 nation by a nonresident of a licensed person or permittee to perform
23 work in such state shall be deemed equivalent to an appointment by such
24 nonresident of the secretary of state of such state to be his true and
25 lawful attorney upon whom may be served the process in any action or
26 proceeding against him growing out of any liability for assessments or
27 fees, penalties or interest, and a consent that any such process against
28 him which is so served shall be of the same legal force and validity as
29 if served on him personally within such state and within the territorial
30 jurisdiction of the court from which the process issues. Service of
31 process within either state shall be made by either (1) personally
32 delivering to and leaving with the secretary of state or a deputy secre-
33 tary of state of such state duplicate copies thereof at the office of
34 the department of state in the capital city of such state, in which
35 event such secretary of state shall forthwith send by registered mail
36 one of such copies to the person at the last address designated by him
37 to the commission for any purpose under this section or in the last
38 return filed by him under this section with the commission or as shown
39 on the records of the commission, or if no return has been filed, at his
40 last known office address within or without such state, or (2)
41 personally delivering to and leaving with the secretary of state or a
42 deputy secretary of state of such state a copy thereof at the office of
43 the department of state in the capital city of such state and by deliv-
44 ering a copy thereof to the person, personally without such state.
45 Proof of such personal service without such state shall be filed with
46 the clerk of the court in which the process is pending within thirty
47 days after such service and such service shall be complete ten days
48 after proof thereof is filed.
49 14. Whenever the commission shall determine that any moneys received
50 as assessments or fees were paid in error, it may cause the same to be
51 refunded, provided an application therefor is filed with the commission
52 within two years from the time the erroneous payment was made.
53 15. In addition to any other powers authorized hereunder, the commis-
54 sion shall have power to make reasonable rules and regulations to effec-
55 tuate the purposes of this section.
S. 4623 185
1 16. When any person shall wilfully fail to pay any assessment or fee
2 due hereunder he shall be assessed interest at a rate of one per cent
3 per month on the amount due and unpaid and penalties of five per cent of
4 the amount due for each thirty days or part thereof that the assessment
5 remains unpaid. The commission may, for good cause shown, abate all or
6 part of such penalty.
7 17. Any person who shall wilfully furnish false or fraudulent infor-
8 mation or shall wilfully fail to furnish pertinent information as
9 required, with respect to the amount of any assessment or fee due, shall
10 be guilty of a misdemeanor, punishable by a fine of not more than one
11 thousand dollars, or imprisonment for not more than one year, or both.
12 18. All funds of the commission shall be deposited with such responsi-
13 ble banks or trust companies as may be designated by the commission.
14 The commission may require that all such deposits be secured by obli-
15 gations of the United States or of the states of New York or New Jersey
16 of a market value equal at all times to the amount of the deposits, and
17 all banks and trust companies are authorized to give such security for
18 such deposits. The moneys so deposited shall be withdrawn only by check
19 signed by two members of the commission or by such other officers or
20 employees of the commission as it may from time to time designate.
21 19. The accounts, books and records of the commission, including its
22 receipts, disbursements, contracts, leases, investments and any other
23 matters relating to its financial standing shall be examined and audited
24 annually by independent auditors to be retained for such purpose by the
25 commission.
26 20. The commission shall reimburse each state for any funds advanced
27 to the commission exclusive of sums appropriated pursuant to subdivision
28 five of this section.
29 § 3310. General violations; prosecutions; penalties. 1. The failure
30 of any witness, when duly subpoenaed to attend, to give testimony or
31 produce other evidence in any investigation, interview or other proceed-
32 ing conducted by the commission pursuant to the provisions of this
33 compact, shall be punishable by the superior court in New Jersey and the
34 supreme court in New York in the same manner as said failure is punisha-
35 ble by such court in a case therein pending.
36 2. Any person who, having been duly sworn or affirmed as a witness in
37 any investigation, interview or other proceeding conducted by the
38 commission pursuant to the provisions of this compact, shall wilfully
39 give false testimony shall be guilty of a misdemeanor punishable by a
40 fine of not more than one thousand dollars or imprisonment for not more
41 than one year or both.
42 3. Any person who interferes with or impedes the orderly licensing of
43 or orderly granting of any permits to any other person pursuant to this
44 compact, or who attempts, conspires, or threatens so to do, shall be
45 guilty of a misdemeanor punishable by a fine of not more than one thou-
46 sand dollars or imprisonment for not more than one year or both.
47 4. Any person who directly or indirectly inflicts or threatens to
48 inflict any injury, damage, harm or loss or in any other manner prac-
49 tices intimidation upon or against any person in order to induce or
50 compel such person or any other person to refrain from obtaining a
51 license or permit pursuant to this compact shall be guilty of a misde-
52 meanor punishable by a fine of not more than one thousand dollars or
53 imprisonment for not more than one year or both.
54 5. Any person who, without justification or excuse in law, directly or
55 indirectly, intimidates or inflicts any injury, damage, harm, loss or
56 economic reprisal upon any person who holds a license or permit issued
S. 4623 186
1 by the commission pursuant to this compact, or any other person, or
2 attempts, conspires or threatens so to do, in order to interfere with,
3 impede or influence such licensee or permittee in the performance or
4 discharge of his duties or obligations shall be guilty of a misdemeanor,
5 punishable by a fine of not more than one thousand dollars or imprison-
6 ment of not more than one year or both.
7 6. Any person who shall violate any of the provisions of this compact,
8 for which no other penalty is prescribed, shall be guilty of a misdemea-
9 nor, punishable by a fine of not more than one thousand dollars or by
10 imprisonment for not more than one year or both.
11 7. In any prosecution under this compact, it shall be sufficient to
12 prove only a single act (or a single holding out or attempt) prohibited
13 by law without having to prove a general course of conduct, in order to
14 prove a violation.
15 § 3311. Amendments; construction; short title. 1. Amendments and
16 supplements to this compact to implement the purposes thereof may be
17 adopted by the action of the legislature of either state concurred in by
18 the legislature of the other.
19 2. If any part or provision of this compact or the application there-
20 of to any person or circumstances be adjudged invalid by any court of
21 competent jurisdiction, such judgment shall be confined in its operation
22 to the part, provision or application directly involved in the contro-
23 versy in which such judgment shall have been rendered and shall not
24 affect or impair the validity of the remainder of this compact or the
25 application thereof to other persons or circumstances and the two states
26 hereby declare that they would have entered into this compact or the
27 remainder thereof had the invalidity of such provision or application
28 thereof been apparent.
29 3. In accordance with the ordinary rules for construction of inter-
30 state compacts this compact shall be liberally construed to eliminate
31 the evils described therein and to effectuate the purposes thereof.
32 4. This compact shall be known and may be cited as the "Airport
33 Commission Compact".
34 PART V
35 OFFICERS AND EMPLOYEES;
36 CIVIL PENALTIES AND ENFORCEMENT
37 3401. Prohibition against unions having officers, agents or
38 employees who have been convicted of certain crimes and
39 offenses.
40 3402. Prohibition against employer organizations having offi-
41 cers, agents or employees who have been convicted of
42 certain crimes and offenses.
43 3403. Exceptions to sections thirty-four hundred one and thir-
44 ty-four hundred two of this part for certain employees.
45 3404. Civil penalties.
46 3405. Civil enforcement.
47 3406. Exemption from arrest and service of process.
48 3407. Nonresident witnesses.
49 3408. Officers and employees.
50 3409. Penalties.
51 3410. Short title.
52 § 3401. Prohibition against unions having officers, agents or employ-
53 ees who have been convicted of certain crimes and offenses. No person
S. 4623 187
1 shall solicit, collect or receive any dues, assessments, levies, fines
2 or contributions, or other charges within the state for or on behalf of
3 any labor organization which receives, directly or indirectly, twenty
4 per cent or more of its dues, assessments, levies, fines or contrib-
5 utions, or other charges from persons who hold licenses issued by the
6 commission pursuant to the airport commission compact, or for or on
7 behalf of a labor organization which derives its charter from a labor
8 organization which receives, directly or indirectly, twenty per cent or
9 more of its dues, assessments, levies, fines or contributions, or other
10 charges from persons who hold licenses issued by the commission pursuant
11 to the airport commission compact, if any officer, agent or employee of
12 such labor organization, or of a welfare fund or trust administered
13 partially or entirely by such labor organization or by trustees or other
14 persons designated by such labor organization, has been convicted by a
15 court of the United States, or any state or territory thereof, of a
16 felony, any misdemeanor involving moral turpitude or any crime or
17 offense enumerated in subdivision (a) of subdivision three of section
18 thirty-three hundred five of this article, unless he has been subse-
19 quently pardoned therefor by the governor or other appropriate authority
20 of the state or jurisdiction in which such conviction was had or has
21 received a certificate of good conduct or other relief from disabili-
22 ties arising from the fact of conviction from a board of parole or simi-
23 lar authority. No person so convicted shall serve as an officer, agent
24 or employee of such labor organization, welfare fund or trust unless
25 such person has been so pardoned or has received such a certificate of
26 good conduct. No person, including such labor organization, welfare
27 fund or trust, shall knowingly permit such convicted person to assume or
28 hold any office, agency or employment in violation of this section.
29 As used in this section, the term "labor organization" shall mean and
30 include any organization which exists and is constituted for the purpose
31 in whole or in part of collective bargaining, or of dealing with employ-
32 ers concerning grievances, terms and conditions of employment, or of
33 other mutual aid or protection; but it shall not include a federation
34 or congress of labor organizations organized on a national or interna-
35 tional basis even though one of its constituent labor organizations may
36 represent persons who hold licenses issued by the commission pursuant to
37 the airport commission compact.
38 § 3402. Prohibition against employer organizations having officers,
39 agents or employees who have been convicted of certain crimes and
40 offenses. No person shall solicit, collect or receive any dues, assess-
41 ments, levies, fines or contributions, or other charges within the state
42 for or on behalf of any organization of employers (whether incorporated
43 or not) twenty per cent or more of whose members have in their employ-
44 ment any employees who are members of a labor organization to which the
45 prohibition of section thirty-four hundred one of this part is applica-
46 ble, if any officer, agent or employee of such employer organization or
47 of a welfare fund or trust administered partially or entirely by such
48 employer organization or by trustees or other persons designated by such
49 employer organization, has been convicted by a court of the United
50 States, or any state or territory thereof, of a felony, any misdemeanor
51 involving moral turpitude or any crime or offense enumerated in para-
52 graph (a) of subdivision three of section thirty-three hundred five of
53 the compact established pursuant to part IV of this article, unless he
54 has been subsequently pardoned therefor by the governor or other appro-
55 priate authority of the state or jurisdiction in which such conviction
56 was had or has received a certificate of good conduct or other relief
S. 4623 188
1 from disabilities arising from the fact of conviction from a board of
2 parole or similar authority. No person so convicted shall serve as an
3 officer, agent or employee of such employer organization, welfare fund
4 or trust unless such person has been so pardoned or has received such a
5 certificate of good conduct. No person, including such employer organ-
6 ization, welfare fund or trust, shall knowingly permit such convicted
7 person to assume or hold any office, agency or employment in violation
8 of this section.
9 § 3403. Exceptions to sections thirty-four hundred one and thirty-four
10 hundred two of this part for certain employees. If upon application to
11 the commission by an employee who has been convicted of a crime or
12 offense specified in section thirty-four hundred one or section thirty-
13 four hundred two of this part the commission, in its discretion, deter-
14 mines in an order that it would not be contrary to the purposes and
15 objectives of the airport commission compact for such employee to work
16 in a particular employment otherwise prohibited by section thirty-four
17 hundred one or section thirty-four hundred two, the provisions of
18 section thirty-four hundred one or section thirty-four hundred two, as
19 the case may be, shall not apply to the particular employment of such
20 employee with respect to such conviction or convictions as are specified
21 in the commission's order. This section is applicable only to those
22 employees who for wages or salary perform manual, mechanical or physical
23 work of a routine or clerical nature at the premises of the labor organ-
24 ization, employer organization, welfare fund or trust by which they are
25 employed.
26 § 3404. Civil penalties. The commission may maintain a civil action
27 on behalf of the state against any person who violates or attempts or
28 conspires to violate any provision of this part or who fails, omits or
29 neglects to obey, observe or comply with any order or direction of the
30 commission issued under this part, to recover a judgment for a money
31 penalty not exceeding five hundred dollars for each and every offense.
32 Every violation of any such provision, order or direction shall be a
33 separate and distinct offense and, in case of a continuing violation,
34 every day's continuance shall be and be deemed to be a separate and
35 distinct offense. Any such action may be settled or discontinued on
36 application of the commission upon such terms as the court may approve
37 and a judgment may be rendered for an amount less than the amount
38 demanded in the complaint as justice may require.
39 § 3405. Civil enforcement. The commission may maintain a civil action
40 against any person to compel compliance with any of the provisions of
41 this compact or any order or direction of the commission issued under
42 this compact or to prevent violations, attempts or conspiracies to
43 violate any such provisions, or interference, attempts or conspiracies
44 to interfere with or impede the enforcement of any such provisions or
45 the exercise or performance of any power or duty thereunder, either by
46 mandamus, injunction or action or proceeding in lieu of prerogative
47 writ.
48 § 3406. Exemption from arrest and service of process. If a person in
49 obedience to a subpoena, issued pursuant to this part directing him to
50 attend and testify comes into either state party to this part from the
51 other state, he shall not, while in that state pursuant to such subpoe-
52 na, be subject to arrest or the service of process, civil or criminal,
53 in connection with matters which arose before his entrance into such
54 state under the subpoena.
55 § 3407. Nonresident witnesses. Any investigation, interview or other
56 proceeding conducted by the commission pursuant to the provisions of
S. 4623 189
1 this compact shall be deemed to be a civil action pending in the supreme
2 court in New York or in the superior court in New Jersey so as to permit
3 the commission to obtain disclosure, in accordance with the provisions
4 governing disclosure in such civil actions, from any person who may be
5 outside the states.
6 § 3408. Officers and employees. Any officer or employee in the state,
7 county or municipal civil service in either state who shall transfer to
8 service with the commission may be given one or more leaves of absence
9 without pay and may, before the expiration of such leave or leaves of
10 absence, and without further examination or qualification, return to his
11 former position or be certified by the appropriate civil service agency
12 for retransfer to a comparable position in such state, county, or munic-
13 ipal civil service if such a position is then available.
14 The commission may, by agreement with any federal agency from which
15 any officer or employee may transfer to service with the commission,
16 make similar provision for the retransfer of such officer or employee to
17 such federal agency.
18 Notwithstanding the provisions of any other law in either state, any
19 officer or employee in the state, county or municipal service in either
20 state who shall transfer to service with the commission and who is a
21 member of any existing state, county or municipal pension or retirement
22 system in New Jersey or New York, shall continue to have all rights,
23 privileges, obligations and status with respect to such fund, system or
24 systems as if he had continued in his state, county or municipal office
25 or employment, but during the period of his service as a member, officer
26 or employee of the commission, all contributions to any pension or
27 retirement fund or system to be paid by the employer on account of such
28 member, officer or employee, shall be paid by the commission. The
29 commission may, by agreement with the appropriate federal agency, make
30 similar provisions relating to continuance of retirement system member-
31 ship for any federal officer or employee so transferred.
32 § 3409. Penalties. Any person who shall violate any of the provisions
33 of this compact, for which no other penalty is prescribed, shall be
34 guilty of a misdemeanor, punishable by a fine of not more than one thou-
35 sand dollars or imprisonment for not more than one year or both.
36 § 3410. Short title. This part shall be known and may be cited as the
37 "Waterfront and airport commission act".
38 § 31. Chapter 28 of the consolidated laws constituting the interstate
39 authorities law created by section thirty of this act shall be deemed
40 for all purposes to be a continuation of the port authority of New York
41 and New Jersey as it was constituted immediately preceding the effective
42 date of this act and shall not be construed as a newly created authori-
43 ty. All unexpended balances of appropriations of monies heretobefore
44 made or allocated to the port authority of New York and New Jersey as
45 such authority was constituted immediately preceding the effective date
46 of this act, whether obligated or unobligated, are hereby transferred to
47 and made available to the port authority of New York and New Jersey as
48 created in section thirty of this act. All rules, regulations, orders,
49 determinations, and decisions of the port authority of New York and New
50 Jersey, as it was constituted immediately preceding the effective date
51 of this act, shall continue in full force and effect as rules, regu-
52 lations, orders, determinations and decisions of the port authority of
53 New York and New Jersey created by section thirty of this act.
54 § 32. Severability clause. If any clause, sentence, paragraph, subdi-
55 vision, section or part of this act shall be adjudged by any court of
56 competent jurisdiction to be invalid, such judgment shall not affect,
S. 4623 190
1 impair, or invalidate the remainder thereof, but shall be confined in
2 its operation to the clause, sentence, paragraph, subdivision, section
3 or part thereof directly involved in the controversy in which such judg-
4 ment shall have been rendered. It is hereby declared to be the intent of
5 the legislature that this act would have been enacted even if such
6 invalid provisions had not been included herein.
7 § 33. This act shall take effect upon the enactment into law by the
8 state of New Jersey of legislation having an identical effect with this
9 act, but if the state of New Jersey shall have already enacted such
10 legislation this act shall take effect on the one hundred eightieth day
11 after it shall have become a law. Effective immediately, the addition,
12 amendment and/or repeal of any rule or regulation necessary for the
13 implementation of this act on its effective date are authorized to be
14 made and completed on or before such effective date. The chairman of the
15 port authority shall notify the legislative bill drafting commission
16 upon the enactment into law of such legislation by both such states in
17 order that the commission may maintain an accurate and timely effective
18 data base of the official text of the laws of the state of New York in
19 furtherance of effecting the provision of section 44 of the legislative
20 law and section 70-b of the public officers law.
SUMMARY OF WATERFRONT COMMISSION ACT
Chapter 882 of the laws of 1953, effective June 30, 1953, authorizes a
Compact between the States of New Jersey and New York to improve water-
front labor conditions in the port of New York District, establishes a
bi-state commission to administer the plan, and provides that in the
interim, until Congress grants its consent to the Compact, the two
states may separately but cooperatively place the program in operation.
The Interim Arrangement
Since there may be some delay in procuring Congressional consent, the
statute in each State provides for a single-state commission to perform
within the State the functions of the bi-state commission until Congres-
sional approval to the Compact is obtained. The bill is so drafted that
the Commission will be able to function in each State from the time of
enactment of the bill.
Section 3 authorizes the Commissioners from each State to work in the
closest possible cooperation with each other to effectuate the purposes
of the Act.
The State of New York will advance $400,000 to the Commission and the
State of New Jersey, $200,000, to provide initial funds for the opera-
tion of the Commission.
The licensing, registration and employment center provisions of the
bill do not become operative until December 1, 1953.
The Compact
The proposed Compact is set forth in the sixteen articles which make
up Section 1 of the bill.
Legislative Findings
Article I contains legislative declarations and findings which reflect
the conclusions set forth in the Report of the New York State Crime
Commission on the port of New York Waterfront, the record of the public
S. 4623 191
hearings held thereon by Governor Thomas E. Dewey on June 8 and 9, 1953
and the companion report of the New Jersey Law Enforcement Council. In
substance the findings are that the methods now used in the Port of New
York District for hiring waterfront labor, and the conduct of the busi-
ness of public loading and stevedoring are uneconomic, unjust and
degrading insofar as the worker is concerned, foster waterfront crime
and corruption, and adversely affect the economical and expeditious
handling of port commerce. Accordingly, it is declared that the present
practices of public loaders must be eliminated and that the occupations
of stevedores, pier superintendents, hiring agents, pier watchmen and
longshoreman must be regulated in the public interest.
Basic Plan
The plan to improve waterfront labor conditions has five basic
features:
1. Licensing of pier superintendents and hiring agents,-only persons
of good character (convicted criminals are barred for at least five
years) will be licensed for these key positions. The license must be
requested by the employer concerned, is good only for the duration of
the employment and may be revoked for specified cause;
2. Licensing of stevedores and port watchmen;
3. The abolition of "public loading;"
4. Registration of longshoremen,-the right to register is absolute
unless the person had been convicted of a crime (but this disqualifica-
tion may be waived by the Commission) or is engaged in subversive activ-
ity or unless his employment on the waterfront is clearly likely to
endanger the public peace or safety. Longshoremen who are not attached
to the waterfront labor market may be dropped from the register under
specified conditions thus providing more and steadier work for and
increasing the earning capacity of those who depend on this work for
their livelihood;
5. Operation by the Commission of regionally located employment
exchanges for registered longshoremen and licensed port watchmen,
replacing the wasteful and inhuman "shape-up" method, providing informa-
tion as to available employment and flexibility in obtaining such
employment, but without interference with employer-employee freedom of
selection or with provisions of collective bargaining agreements.
The rights of licensees and registrants are carefully protected by
procedural safeguards set forth in Article XI including hearings, court
review and other requirements for the protection of the individual.
The Waterfront Commission
Article III creates the Waterfront Commission of New York Harbor. The
commission consists of two members, one from each State appointed by the
Governor with the consent of the Senate, to serve for a term of three
years. It is contemplated that they may be compensated either on a full
time or per diem basis dependent upon whether the office will be a poli-
cy making one with administration delegated to an Executive Director or
a full time executive assignment.
Appropriate provision is made for the transfer of civil service
employees to service with the Commission without loss of Civil Service
or retirement privileges.
The general powers of the Commission as set forth in Article IV are to
make rules and regulations to carry out the statutory plan, to adminis-
S. 4623 192
ter oaths and issue subpoenas, to have access to the waterfront in the
performance of its duties, to investigate waterfront practices in the
port district and to advise and consult with other public officers and
with representatives of labor and industry on matters within its juris-
diction, including problems involved in rule making, in the granting and
denial of registrations and licenses and in the maintenance of the
longshoremen's register. The Commission is required to report annually
to the Governors and Legislatures of both States and to make recommenda-
tions for the improvement of the conditions of waterfront labor within
the port district.
In order to insure that public regulation of waterfront labor prac-
tices shall no unnecessarily continue once law and order has been
restored to the waterfront, the Commission is expressly required to
include in its Annual Report findings as to whether the public necessity
still exists for continued registration of longshoremen, licensing of
the other waterfront occupations and public operation of the employment
information centers.
Licensing of Pier Superintendents and Hiring Agents
Article V requires that on and after December 1, 1953, any person who
wishes to act as a pier superintendent or hiring agent for a shipping
company or stevedore at a pier or other waterfront terminal within the
port district must be licensed. Because pier superintendents and hiring
agents are, or should be, key supervisory representatives of the employ-
er for whose acts the employer should be held responsible, the applica-
tion for these licenses is to be made by the prospective employer. A
person is disqualified for either of theses licenses if he has been
convicted of a felony or high misdemeanor or of the following violations
of law which, while less serious in themselves, make him a bad risk for
waterfront employment:-illegally using, carrying or possessing a danger-
ous weapon; making or possessing burglar's instruments; buying or
receiving stolen property; unlawful entry; aiding an escape from prison;
unlawfully possessing or distributing narcotic drugs and previous
violation of the Compact. However, if a person so disqualified submits
satisfactory evidence of good conduct for at least five years, the
Commission may waive this statutory disability.
Additional grounds for disqualification for a license as a pier super-
intendent or hiring agent include subversive activities by the applicant
or a finding that he is not a person of good character or integrity.
The term of a pier superintendent's or hiring agent's license is tied
to his employment by the employer-applicant. However, it may be revoked
or suspended or he may be reprimanded for the following specified caus-
es:-violation of the Compact; conviction of a crime or other cause which
would have been disqualifying originally; consorting with criminals for
an unlawful purpose; fraud in securing the license or while acting ther-
eunder; addition to or trafficking in narcotic drugs; violation of the
Compact; bribing public officers or anyone else to violate their duties
under the Compact; unwarranted giving of his license to someone else;
impersonation of another licensee; accepting a bribe in connection with
his work; coercion of longshoremen; lending money to or borrowing money
from a longshoreman for a fee.
Pier superintendents and hiring agents are ineligible for membership
in any union which represent longshoremen.
Stevedores
S. 4623 193
Article VI requires that on and after December 1, 1953 all stevedores
in the port district must be licensed. The license application must
fully disclose the real parties in interest. A license will be granted
if the Commission is satisfied as to the good character and integrity of
the real parties in interest and if the applicant is a bona fide steve-
dore, that is to say that he has, or will, if licensed, have a contract
with a shipping company to load and unload the company's ships at a pier
in this port.
Prior conviction of the same serious crimes which disqualify pier
superintendents and hiring agents also disqualify a stevedore. The
Commission is authorized to waive this disqualification upon a showing
of at least five years' good conduct. Additional grounds for disquali-
fication in the case of stevedores are prescribed to accord with the
Crime Commission's specific findings of abuses and evils now prevalent
in this industry. These include payments made for an improper or unlaw-
ful purpose and are designed to reach the payment of bribes to a shipper
to obtain a stevedoring contract or to a union representative to betray
his trust.
Public Loading
Article VII sets forth the States' policy against "public loading" and
reviews the compelling policy reasons for abolition of the public loader
system. Under the bill loading service will be performed in the port of
New York as it is in every other major American port-by water carriers;
operators of piers and other waterfront terminals at their own facili-
ties; railroads, truckers, and other carriers in connection with freight
being carried by them; shippers or consignees in connection with their
own freight; and licensed stevedores, in the regular course of business,
and through their own employees.
Longshoremen
A longshoremen's register is to be established by the Commission by
December 1, 1953. Article VIII sets forth the provisions with respect to
the registration of longshoremen.
There is no fee for registration and no special qualifications are
prescribed. The applicant must provide his name, address, social securi-
ty number and such further facts as may be needed to establish his iden-
tity and criminal record, if any.
Conviction of certain serious crimes or engaging in subversive activ-
ities is made basis for disqualification. The Commission, however, may
waive the disqualification in a proper case and it may register a long-
shoreman even though he has previously been convicted of a crime.
In the light of the Crime Commission's disclosures of the activities
of known waterfront gangsters who have so far escaped being convicted of
crime, provision has been inserted to permit the Commission to deny
registration as a longshoreman to a person "whose presence on the piers
or other waterfront terminals in the port of New York district is found
by the Commission, on the basis of the facts and evidence before it, to
constitute a danger to the public peace or safety."
A longshoreman may be removed or suspended from the register only for
specified cause. In such case he is entitled to a hearing before the
Commission, Counsel, his own witnesses, and court review. The causes
specified are similar to those specified for removal of hiring agents
S. 4623 194
and wilful acts involving physical injury to a person or damage to or
misappropriation of property at a waterfront terminal.
Article IX contains the provisions designed to permit purging the
longshoremen's register periodically of drifters and floaters who,
although they are not bona fide longshoremen, have been permitted under
the present system to take work away from longshoremen who depend on it
for their livelihood.
For each six month period, and in advance, the Commission will estab-
lish the minimum number of days a man must work or offer himself for
work as a longshoreman in order to stay on the register. A person fail-
ing so to qualify will be dropped on ten days' notice and cannot again
be registered for one year unless he can show that his absence was occa-
sioned by military service, sickness or other good cause.
Port Watchmen
Port watchmen will be licensed pursuant to Article X. Applicants must
not only possess qualifications similar to those prescribed for pier
superintendents, but must also meet reasonable standards of physical and
mental fitness. Since these port watchmen are security officers, prior
criminal convictions is an absolute bar to a license. Because of the
nature of their duties, port watchmen are not permitted to belong to the
same union as longshoremen or pier superintendents or hiring agents.
The term of the port watchmen's license is three years and is not tied
to a particular employment. The grounds for revocation or suspension are
basically the same as those for pier superintendents and hiring agents.
Hearings and Court Review
Article XI safeguards the rights of licensees and registrants by
prescribing procedures for Commission hearings and assuring court review
of Commission determinations. A registered longshoreman or any licensee
must be given notice of any charges made against him and is entitled to
a hearing at which he may have counsel and cross examine witnesses and
the licensee or longshoreman can require the Commission to subpoena
witnesses requested by him. At least ten days advance notice of such a
hearing must be provided.
The refusal to register a longshoreman or issue a license cannot be
effective until after opportunity has been afforded for such hearing and
any Commission determination affecting the right to work is subject to
court review. The reviewing court is granted power to stay the Commis-
sion's action for thirty days. No provision is incorporated in the bill
which makes refusal to testify or refusal to answer questions, without
other cause, grounds for refusing or rescinding a license or registra-
tion.
Employment Information Centers
Article XII authorizes the Commission to establish employment informa-
tion centers throughout the port district to replace the "shape-up". All
hiring of longshoremen and port watchmen will be through these publicly
operated centers. The employer would have freedom of choice in the
selection of employees at such centers but there would be no interfer-
ence with normal and proper hiring practices, including the gang or unit
system, or procedures established under collective bargaining agreements
not inconsistent with the requirements of the Compact. The Commission
S. 4623 195
will establish a system of records and communication with employers and
workers designed to provide the maximum possible information as to
available employment for longshoremen. The Commission is empowered to
obtain any Federal assistance that may be available under the Wagner-
Peyser Act for the operation of the employment centers.
Expenses of Administration
Article XIII and other sections of the act adopt the principle of
charging the cost of administration upon the basis of service received.
The Commission will prepare an annual budget of estimated expenses and
assess the cost, over federal or other contributions, against the
employers of the registered and licensed waterfront employees in propor-
tion to their gross annual payments to such employees. The rate of
assessment may not be more than two percent of the payroll payments.
Expenses of the Commission, in excess of amounts produced by two percent
payroll assessment will be met by the two States, proportionately, out
of general revenues. Until the Commission is jointly established by the
two States, or July 1, 1954, whichever is earlier, the rate will be one
and one-half percent in each State.
The budget of the Commission may be reduced or modified by the Gover-
nor of each State. In addition, the Commission may establish procedures
to enable employers to protest budget estimates and computations of the
rate of assessment.
It is felt that the savings to employers and consignees which may be
obtained through a reduction in pilferage, the elimination of "phantom"
employees from the payroll and other exactions and levies on commerce
will greatly exceed the cost of administration of the waterfront commis-
sion program.
Violations
Article XIV concerns general violations of the Compact and prose-
cutions and penalties therefor. Contempt is made punishable in accord-
ance with normal judicial process. Wilful, false statements under oath
are constituted as perjury and other violations of the Compact or
attempts or conspiracies to violate it are made punishable as is inter-
ference with the orderly registration of longshoremen.
The statute also prohibits loitering on the waterfront without satis-
factory explanation. The language for this section is taken from compa-
rable provisions of law which presently apply to subways, railroads, air
and bus terminals.
Section 8 prohibits the collection of funds for waterfront labor
unions having officers or agents who are convicted felons unless they
have been subsequently pardoned or have received in the State of New
York a certificate of good conduct.
Collective Bargaining Safeguarded
There is nothing in the statute which is designed or can reasonably be
construed to interfere in any way with the right of the waterfront
industry to select its own employees, or with the right of industry and
labor to bargain collectively and agree on any method for the selection
of longshoremen and port watchmen by way of seniority, experience, regu-
lar gangs or otherwise in conformity with the license, registration and
employment information center provisions of the statute. Because of the
S. 4623 196
apparent misunderstanding of this point reflected at the public hear-
ings, express declaration to this effect has been included as Article XV
in the Compact.
Similarly, to obviate any misunderstanding, Article XV includes an
express statement that the statute is not designed and shall not be
construed to limit labor's rights.