S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3353--A
           Cal. No. 209
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2015
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities and Commissions  --  reported  favorably  from  said  committee,
         ordered  to  first  and  second  report,  ordered  to a third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       AN  ACT  to  repeal chapter 154 of the laws of 1921 relating to the port
         authority of New York and New Jersey; to repeal chapter 43 of the laws
         1922 relating to the development of the port of New  York;  to  repeal
         chapter  47 of the laws of 1931 relating to bridges and tunnels in New
         York and New Jersey; to repeal chapter 882 of the laws of 1953  relat-
         ing  to  waterfront employment and air freight industry regulation; to
         repeal chapter 700 of the laws of 1927 relating to the veto  power  of
         the  governor; to repeal chapter 48 of the laws of 1931 regulating the
         use of revenues received by the port of New York authority from or  in
         connection  with  the operation of terminal and transportation facili-
         ties relating thereto; to repeal chapter  553  of  the  laws  of  1931
         relating  to payment of a fair and reasonable sum by the port authori-
         ty; to repeal chapter 876 of the laws of 1935 relating to the  payment
         of  a fair and reasonable sum for a change in grade; to repeal chapter
         203 of the laws of 1938 relating to the sale of real property acquired
         by the port authority; to repeal chapter  163  of  the  laws  of  1945
         relating  to  motor truck terminals; to repeal chapter 352 of the laws
         of 1946 relating to monies for preliminary studies upon the interstate
         vehicular bridges known as  the  Outerbridge  crossing,  the  Goethals
         bridge  and  the  Bayonne bridge; to repeal chapter 443 of the laws of
         1946 relating to the financing and effectuating of a motor bus  termi-
         nal  by  the port authority; to repeal chapter 631 of the laws of 1947
         relating to the development of marine terminals by the port authority;
         to repeal chapter 802 of the laws of 1947 relating to the financing of
         air terminals by the port authority; to repeal chapter 819 of the laws
         of 1947 relating to the port authority's ability to exercise the right
         of eminent domain; to repeal chapter 301 of the laws of 1950  relating
         to suits against the port authority; to repeal chapter 774 of the laws
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06925-04-5
       S. 3353--A                          2
         of  1950  relating  to  the rules and regulations governing traffic on
         vehicular crossings operated by the port authority; to repeal  chapter
         206  of  the  laws of 1951 relating to traffic regulations for air and
         marine  terminals;  to repeal chapter 207 of the laws of 1951 relating
         to penalties for violation of rules and regulations; to repeal chapter
         142 of the laws of 1953 relating to smoking regulations  for  air  and
         marine  terminals;  to repeal chapter 143 of the laws of 1953 relating
         to suits on leases at International Airport; to repeal chapter 808  of
         the  laws  of  1955, relating to the Narrows bridge; to repeal chapter
         444 of the laws of 1956 relating to New Jersey  turnpike  connections;
         to  repeal  chapter 638 of the laws of 1959, relating to the purchase,
         financing and rental of commuter railroad cars by the port of New York
         authority and agreeing with the state of New Jersey with respect ther-
         eto; to repeal chapter 209 of  the  laws  of  1962,  relating  to  the
         financing and effectuation by the port of New York authority of a port
         development  project, consisting of the Hudson tubes, the Hudson tubes
         extensions and a world trade center; to repeal chapter 665 of the laws
         of 1964, relating to the operation within the state of New York of the
         Hudson tubes and the Hudson tubes extensions; to repeal chapter 474 of
         the laws of 1971, relating to the authorization of  the  port  of  New
         York  authority to provide access by mass transportation facilities to
         air terminals; to repeal chapter 651 of the laws of 1978, relating  to
         the  further  coordination,  facilitation, promotion, preservation and
         protection of trade and commerce in and through the port of  New  York
         district through the financing and effectuation of industrial develop-
         ment  projects  therein  by  the  port  authority  of New York and New
         Jersey, and agreeing with the state of New Jersey with respect  there-
         to; to repeal chapter 12 of the laws of 1979, relating to the acquisi-
         tion, development, financing and transfer of buses and related facili-
         ties  by  the  port  authority  of  New  York  and  New Jersey and the
         utilization thereof; and relating to constituting chapter 40-A of  the
         consolidated  laws,  in relation to the port authority of New York and
         New Jersey
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Chapter 154 of the laws of 1921, constituting the Port of
    2  New York Authority, is REPEALED.
    3    S 2. Chapter 43 of the laws of 1922 relating to the development of the
    4  port of New York is REPEALED.
    5    S 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
    6  New York and New Jersey is REPEALED.
    7    S 4. Chapter 882 of the laws of 1953 relating to waterfront employment
    8  and air freight industry regulation is REPEALED.
    9    S 5. Chapter 700 of the laws of 1927 relating to the veto power of the
   10  governor is REPEALED.
   11    S 6. Chapter 48 of the laws of 1931 regulating  the  use  of  revenues
   12  received  by  the  port of New York authority from or in connection with
   13  the operation of terminal and transportation facilities is REPEALED.
   14    S 7. Chapter 553 of the laws of 1931 relating to the payment of a fair
   15  and reasonable sum by the port authority is REPEALED.
   16    S 8. Chapter 876 of the laws of 1935 relating to the payment of a fair
   17  and reasonable sum for a change in grade is REPEALED.
       S. 3353--A                          3
    1    S 9. Chapter 203 of the laws of 1938 relating  to  the  sale  of  real
    2  property acquired by the port authority is REPEALED.
    3    S  10.  Chapter 163 of the laws of 1945 relating to motor truck termi-
    4  nals is REPEALED.
    5    S 11. Chapter 352 of the laws of 1946 relating to monies for  prelimi-
    6  nary  studies  upon the interstate vehicular bridges known as the Outer-
    7  bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
    8    S 12. Chapter 443 of the laws of 1946 relating to  the  financing  and
    9  effectuating of a motor bus terminal by the port authority is REPEALED.
   10    S  13.  Chapter 631 of the laws of 1947 relating to the development of
   11  marine terminals by the port authority is REPEALED.
   12    S 14. Chapter 802 of the laws of 1947 relating to the financing of air
   13  terminals by the port authority is REPEALED.
   14    S 15. Chapter 819 of the laws of 1947 relating to the port authority's
   15  ability to exercise the right of eminent domain is REPEALED.
   16    S 16. Chapter 301 of the laws of 1950 relating to  suits  against  the
   17  port authority is REPEALED.
   18    S  17. Chapter 774 of the laws of 1950 relating to the rules and regu-
   19  lations governing traffic on vehicular crossings operated  by  the  port
   20  authority is REPEALED.
   21    S 18. Chapter 206 of the laws of 1951, relating to traffic regulations
   22  for air and marine terminals, is REPEALED.
   23    S  19.  Chapter  207  of  the  laws of 1951, relating to penalties for
   24  violation of rules and regulations, is REPEALED.
   25    S 20. Chapter 142 of the laws of 1953, relating to smoking regulations
   26  for air and marine terminals, is REPEALED.
   27    S 21. Chapter 143 of the laws of 1953, relating to suits on leases  at
   28  International Airport, is REPEALED.
   29    S 22. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
   30  is REPEALED.
   31    S 23. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
   32  connections, is REPEALED.
   33    S  24.  Chapter  638  of  the  laws of 1959, relating to the purchase,
   34  financing and rental of commuter railroad cars by the port of  New  York
   35  authority  and agreeing with the state of New Jersey with respect there-
   36  to, is REPEALED.
   37    S 25. Chapter 209 of the laws of 1962, relating to the  financing  and
   38  effectuation  by  the  port  of New York authority of a port development
   39  project, consisting of the Hudson tubes, the Hudson tubes extensions and
   40  a world trade center, is REPEALED.
   41    S 26. Chapter 665 of the laws of 1964, relating to the operation with-
   42  in the state of New York of the Hudson tubes and the Hudson tubes exten-
   43  sions, is REPEALED.
   44    S 27.  Chapter 474 of the laws of 1971, relating to the  authorization
   45  of  the port of New York authority to provide access by mass transporta-
   46  tion facilities to air terminals, is REPEALED.
   47    S 28. Chapter 651 of the laws of 1978, relating to the further coordi-
   48  nation, facilitation, promotion, preservation and  protection  of  trade
   49  and  commerce  in  and through the port of New York district through the
   50  financing and effectuation of industrial development projects therein by
   51  the port authority of New York and New Jersey,  and  agreeing  with  the
   52  state of New Jersey with respect thereto, is REPEALED.
   53    S  29.  Chapter  12  of the laws of 1979, relating to the acquisition,
   54  development, financing and transfer of buses and related  facilities  by
   55  the port authority of New York and New Jersey and the utilization there-
   56  of, is REPEALED.
       S. 3353--A                          4
    1    S  30.  Chapter  40-A  of  the  consolidated  laws is added to read as
    2  follows:
    3                    CHAPTER 40-A OF THE CONSOLIDATED LAWS
    4                  PORT AUTHORITY OF NEW YORK AND NEW JERSEY
    5                                  ARTICLE I
    6                             GENERAL PROVISIONS
    7  Section 101. Short title.
    8          102. Legislative intent.
    9          103. Explanation of order of provisions.
   10          104. Definitions.
   11          105. Port authority of New York and New Jersey.
   12          106. Port of New York district.
   13          107. Commissioners.
   14          108. Power of the port authority.
   15          109. Public meetings.
   16          110. Minutes of public meetings.
   17          111. Jurisdiction.
   18          112. Powers of municipalities to develop or improve.
   19          113. Comprehensive development.
   20          114. Recommendations.
   21          115. Expense of operations.
   22          116. Records of the port authority.
   23          117. Port authority as an agency.
   24          118. Notice of claim.
   25          119. Regulations.
   26    S  101.  Short  title. This chapter shall be known and may be cited as
   27  the "port authority of New York and New Jersey act".
   28    S 102. Legislative intent.   William R. Willcox,  Eugenius  H.  Outer-
   29  bridge  and Murray Hulbert, or any two of them, commissioners heretofore
   30  appointed under chapter four hundred and twenty-six of the laws of nine-
   31  teen hundred and seventeen of the state of New York, together  with  the
   32  attorney-general  of  the  state  of  New York, are hereby authorized as
   33  commissioners upon the part of the state of New York to enter into, with
   34  the state of New Jersey, by and through the commissioners  appointed  or
   35  who  may  be appointed under or by virtue of a law of the legislature of
   36  the state of New Jersey, an agreement or compact in the form  following,
   37  that is to say:
   38    Whereas,  In  the  year eighteen hundred and thirty-four the states of
   39  New York and New Jersey did enter into an agreement fixing and determin-
   40  ing the rights and obligations of the two states in and about the waters
   41  between the two states, especially in and about the bay of New York  and
   42  the Hudson river; and
   43    Whereas,  Since  that  time  the  commerce of the port of New York has
   44  greatly developed and increased and the territory in and around the port
   45  has become commercially one center or district; and
   46    Whereas, It is confidently believed that a better co-ordination of the
   47  terminal, transportation and other facilities of commerce in, about  and
   48  through the port of New York, will result in great economies, benefiting
   49  the nation, as well as the states of New York and New Jersey; and
   50    Whereas,  The  future development of such terminal, transportation and
   51  other facilities of commerce will require the expenditure of large  sums
   52  of  money and the cordial co-operation of the states of New York and New
   53  Jersey in the encouragement of the investment of  capital,  and  in  the
   54  formulation and execution of the necessary physical plans; and
   55    Whereas, Such result can best be accomplished through the co-operation
   56  of the two states by and through a joint or common agency.
       S. 3353--A                          5
    1    Now,  therefore, the said states of New Jersey and New York do supple-
    2  ment and amend the existing agreement of eighteen  hundred  and  thirty-
    3  four in the following respects.
    4    They  agree to and pledge, each to the other, faithful co-operation in
    5  the future planning and development of the port of New York, holding  in
    6  high  trust  for  the  benefit  of  the nation the special blessings and
    7  natural advantages thereof.
    8    S 103. Explanation of order of provisions. In this port  authority  of
    9  New  York  and  New  Jersey  act,  the  provisions  have been divided in
   10  descending order of application, with illustrations, as follows:
   11    Article I
   12    Part I
   13    Section 101
   14    Subdivision 1.
   15    Paragraph (a)
   16    Subparagraph (1)
   17    Item (i)
   18    Clause A.
   19    S 104. Definitions.   The following terms  shall  have  the  following
   20  meanings unless otherwise provided:
   21    1.  "Board"  means the board of commissioners of the port authority of
   22  New York and New Jersey.
   23    2. "Consent, approval or recommendation of municipality" means wherev-
   24  er the consent,  approval  or  recommendation  of  a  "municipality"  is
   25  required,  the word "municipality" shall be taken to include any city or
   26  incorporated village within the port district, and in  addition  in  the
   27  state  of  New  Jersey  any  borough, town, township or any municipality
   28  governed by an improvement commission within the district. Such consent,
   29  approval or recommendation whenever required in the case of the city  of
   30  New  York  shall be deemed to have been given or made whenever the board
   31  of estimate and  apportionment  of  said  city  or  any  body  hereafter
   32  succeeding  to  its  duties  shall  by a majority vote pass a resolution
   33  expressing such consent, approval or recommendation; and in the case  of
   34  any municipality now or hereafter governed by a commission, whenever the
   35  commission thereof shall by majority vote pass such a resolution; and in
   36  all other cases whenever the body authorized to grant consent to the use
   37  of the streets or highways of such municipality shall by a majority vote
   38  pass such a resolution.
   39    3.  "Facility"  shall include all works, buildings, structures, appli-
   40  ances  and  appurtenances  necessary  and  convenient  for  the   proper
   41  construction,  equipment,  maintenance and operation of such facility or
   42  facilities or any one or more of them.
   43    4. "To lease" shall include to rent or to hire.
   44    5. "Meeting" means any gathering, whether corporeal  or  by  means  of
   45  communication  equipment,  which  is attended by, or open to, the board,
   46  held with the intent, on the part  of  the  board  members  present,  to
   47  discuss  or  act  as  a  unit  upon  the specific public business of the
   48  authority. "Meeting" does not mean a gathering (a) attended by less than
   49  an effective majority of the board, or (b) attended by or  open  to  all
   50  the  members  of  three or more similar public bodies at a convention or
   51  similar gathering.
   52    6. "Personal property" shall include choses in action  and  all  other
   53  property  now  commonly or legally defined as personal property or which
   54  may hereafter be so defined.
       S. 3353--A                          6
    1    7. "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    8.  "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    9. "Real property" shall include land under water, as well as uplands,
   10  and all property either now commonly or legally defined as real property
   11  or which may hereafter be so defined.
   12    10. "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    11. "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    12.  "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    S  105.  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    S 106. 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. 3353--A                          7
    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. 3353--A                          8
    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    S 107. Commissioners.  1. The port authority shall consist  of  twelve
   22  commissioners,  six resident voters from the state of New York, at least
   23  four of whom shall be resident voters of the city of New York,  and  six
   24  resident  voters  from  the  state  of New Jersey, at least four of whom
   25  shall be resident voters within the New Jersey portion of the  district,
   26  the  New  York members to be chosen by the state of New York and the New
   27  Jersey members by the state of New Jersey in  the  manner  and  for  the
   28  terms  fixed and determined from time to time by the legislature of each
   29  state respectively, except as provided in this article. Each commission-
   30  er may be removed or suspended from office as provided by the law of the
   31  state from which he or she shall be appointed.
   32    2. The commissioners shall, for the purpose of doing business, consti-
   33  tute a board and may adopt suitable by-laws for its management.
   34    3. The port authority shall elect a chair, vice-chair, and may appoint
   35  such officers and employees as it may require for the performance of its
   36  duties, and shall fix and determine their qualifications and duties.
   37    4. If by death, resignation or otherwise, a vacancy occurs among those
   38  appointed hereunder by the state of New York,  the  governor  is  hereby
   39  authorized to fill the same.
   40    5.  The  commissioners  appointed from the state of New York, together
   41  with the commissioners appointed from the state  of  New  Jersey,  shall
   42  have power to apply to the congress of the United States for its consent
   43  and  approval  of  the  agreement  or compact signed by them; but in the
   44  absence of such consent of congress and until the same shall  have  been
   45  secured,  the  said agreement or compact shall be binding upon the state
   46  of New York in all respects permitted by law for the two states  of  New
   47  York  and  New Jersey without the consent of congress to co-operate, for
   48  the purposes enumerated in said agreement or compact, and in the  manner
   49  provided in this article.
   50    S  108.  Power  of  the  port authority.   1. The port authority shall
   51  constitute a body, both corporate  and  politic,  with  full  power  and
   52  authority  to  purchase, construct, lease and/or operate any terminal or
   53  transportation facility within said district; and to  make  charges  for
   54  the use thereof: and for any of such purposes to own, hold, lease and/or
   55  operate  real  or personal property, to borrow money and secure the same
   56  by bonds or by mortgages upon any property held or to be held by it.  No
       S. 3353--A                          9
    1  property  now  or hereafter vested in or held by either state, or by any
    2  county, city, borough, village, township or other municipality, shall be
    3  taken by the port authority, without the authority or  consent  of  such
    4  state,  county,  city, borough, village, township or other municipality,
    5  nor shall anything herein impair or invalidate in  any  way  any  bonded
    6  indebtedness  of such state, county, city, borough, village, township or
    7  other municipality, nor impair the  provisions  of  law  regulating  the
    8  payment  into sinking funds of revenues derived from municipal property,
    9  or dedicating the revenues derived from  any  municipal  property  to  a
   10  specific purpose.
   11    2.  The  powers  granted in this article shall not be exercised by the
   12  port authority until the legislatures of both states shall have approved
   13  of a comprehensive plan for the development of the port  as  hereinafter
   14  provided.
   15    3.  The port authority shall have such additional powers and duties as
   16  may hereafter be delegated to or imposed upon it from time  to  time  by
   17  the action of the legislature of either state concurred in by the legis-
   18  lature  of the other. Unless and until otherwise provided, it shall make
   19  an annual report to the legislature of both  states,  setting  forth  in
   20  detail  the operations and transactions conducted by it pursuant to this
   21  agreement and any legislation thereunder. The port authority  shall  not
   22  pledge  the  credit  of either state except by and with the authority of
   23  the legislature thereof.
   24    S 109. Public meetings.  1. The legislature finds  and  declares  that
   25  the  right of the public to be present at meetings of the port authority
   26  of New York and New Jersey, and to witness in full detail all phases  of
   27  the deliberation, policy formulation, and decision making of the author-
   28  ity, is vital to the enhancement and proper functioning of the democrat-
   29  ic  process,  and that secrecy in public affairs undermines the faith of
   30  the public in government and the public's  effectiveness  in  fulfilling
   31  its role in a democratic society; and declares it to be the public poli-
   32  cy  of  this  state to insure the right of its citizens to have adequate
   33  advance notice of and the right to attend all meetings of the  authority
   34  at which any business affecting the public is discussed or acted upon in
   35  any  way  except  only in those circumstances where otherwise the public
   36  interest would be clearly endangered or the personal privacy of  guaran-
   37  teed  rights  of  individuals  would be clearly in danger of unwarranted
   38  invasion.
   39    2. The board shall adopt and promulgate appropriate  rules  and  regu-
   40  lations  concerning the right of the public to be present at meetings of
   41  the authority. The board may incorporate in its  rules  and  regulations
   42  conditions  under  which  it  may exclude the public from a meeting or a
   43  portion thereof.
   44    3. Any rules or regulations adopted hereunder shall become a  part  of
   45  the  minutes  of the port authority of New York and New Jersey and shall
   46  be subject to the approval of the governor of New Jersey and the  gover-
   47  nor of New York.
   48    4. Unless and until otherwise determined by the action of the legisla-
   49  tures  of the two states, no action of the port authority shall be bind-
   50  ing unless taken at a meeting at which at least  three  of  the  members
   51  from  each  state are present, and unless a majority of the members from
   52  each state present at such meeting but in any event at  least  three  of
   53  the  members  from  each  state, shall vote in favor thereof. Each state
   54  reserves the right to provide by law for the exercise of a veto power by
   55  the governor thereof over any action of any commissioner appointed ther-
   56  efrom.
       S. 3353--A                         10
    1    S 110. Minutes of public meetings.  1. The port authority  shall  file
    2  with  the  temporary president and minority leader of the senate and the
    3  speaker and minority leader of the assembly, the chairman of the  assem-
    4  bly  ways  and  means  committee  and the chairman of the senate finance
    5  committee  of  the  state of New York and the president, minority leader
    6  and secretary of the senate and the speaker, minority leader  and  clerk
    7  of the general assembly of the state of New Jersey a copy of the minutes
    8  of  any  action  taken at any public meeting of the port authority. Such
    9  filing shall be made on the same day such minutes are transmitted to the
   10  governor of each state for review; and notice of such  filing  shall  be
   11  provided  to  the  governor  of  each state at the same time. Failure to
   12  effectuate any such filing shall not impair the ability of the authority
   13  to act pursuant to a resolution of its  board.  Such  filing  shall  not
   14  apply  to any minutes required to be filed pursuant to section twenty of
   15  chapter six hundred fifty-one of the laws of nineteen  hundred  seventy-
   16  eight and continued by article XXVIII of this chapter.
   17    2.  The  temporary  president  and  minority leader of the senate, the
   18  speaker and minority leader of the assembly, the chairman of the  assem-
   19  bly  ways  and  means  committee  and the chairman of the senate finance
   20  committee of the state of New York and the speaker and  minority  leader
   21  of the general assembly and the president and the minority leader of the
   22  senate of the state of New Jersey, or representatives designated by them
   23  in writing for this purpose, may by certificate filed with the secretary
   24  of  the  port  authority  waive  the  foregoing  filing requirement with
   25  respect to any specific minutes.
   26    S 111. Jurisdiction.  Unless and until otherwise  provided,  all  laws
   27  now  or  hereafter vesting jurisdiction or control in the public service
   28  commission, or the public utilities commission,  or  like  body,  within
   29  each state respectively, shall apply to railroads and to any transporta-
   30  tion,  terminal or other facility owned, operated, leased or constructed
   31  by the port authority, with the same force and effect as if  such  rail-
   32  road,  or transportation, terminal or other facility were owned, leased,
   33  operated or constructed by a private corporation.
   34    S 112. Powers of  municipalities  to  develop  or  improve.    Nothing
   35  contained  in this agreement shall impair the powers of any municipality
   36  to develop or improve port and terminal facilities.
   37    S 113. Comprehensive development.   1. The  legislatures  of  the  two
   38  states, prior to the signing of this agreement, or thereafter as soon as
   39  may  be  practicable,  will  adopt a plan or plans for the comprehensive
   40  development of the port of New York.
   41    2. The port authority shall from time  to  time  make  plans  for  the
   42  development  of the port of New York district, supplementary to or amen-
   43  datory of any plan theretofore adopted, and when  such  plans  are  duly
   44  approved  by  the  legislatures of the two states, they shall be binding
   45  upon both states with the same force and effect as  if  incorporated  in
   46  this chapter.
   47    3.  The port authority may petition any interstate commerce commission
   48  (or like body), commissioner of transportation, public utilities commis-
   49  sion (or like body), or any other federal,  municipal,  state  or  local
   50  authority,  administrative, judicial or legislative, having jurisdiction
   51  in the premises,  after  the  adoption  of  the  comprehensive  plan  as
   52  provided  for  in  subdivision one of this section, for the adoption and
   53  execution of any physical improvement, change in method, rate of  trans-
   54  portation,  system of handling freight, warehousing, docking, lightering
   55  or transfer of freight, which, in the opinion of the port authority, may
   56  be designed to improve or better the handling of commerce in and through
       S. 3353--A                         11
    1  the port of New York district, or improve  terminal  and  transportation
    2  facilities  therein.  It  may  intervene in any proceeding affecting the
    3  commerce of the port.
    4    S 114. Recommendations.  The port authority may from time to time make
    5  recommendations to the legislatures of the two states or to the congress
    6  of  the  United  States,  based  upon study and analysis, for the better
    7  conduct of the commerce passing in and through the port of New York, the
    8  increase and improvement of transportation and terminal facilities ther-
    9  ein, and the more economical and expeditious handling of such commerce.
   10    S 115. Expense of operations.  1. Unless and until the  revenues  from
   11  operations  conducted  by  the  port  authority are adequate to meet all
   12  expenditures, the legislatures of the two states shall  appropriate,  in
   13  equal  amounts, annually, for the salaries, office and other administra-
   14  tive expenses, such sum or sums as shall  be  recommended  by  the  port
   15  authority  and  approved  by  the  governors of the two states, but each
   16  state obligates itself hereunder only to the extent of one hundred thou-
   17  sand dollars in any one year.
   18    2. Unless and until otherwise determined by the action of the legisla-
   19  tures of the two states, the port authority shall not  incur  any  obli-
   20  gations  for  salaries,  office or other administrative expenses, within
   21  the provisions of subdivision one of this section, prior to  the  making
   22  of appropriations adequate to meet the same.
   23    S  116.  Records  of  the  port  authority.    1.  Notwithstanding any
   24  provision to the contrary, the records of the port  authority  shall  be
   25  open  to  the public in accordance with the laws of New York, articles 6
   26  and 6-A of the public officers law, and New Jersey, P.L. 1963, c. 73 (C.
   27  47:1A-1 et seq.), pertaining to the disclosure of government records.
   28    2. When there is an inconsistency between the law of the state of  New
   29  York  and  the law of the state of New Jersey, the law of the state that
   30  provided the greatest rights of access on the date that the  chapter  of
   31  the laws of 2015 that added this section became a law shall apply.
   32    3. The provisions of article 78 of the civil practice law and rules of
   33  the  state  of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.), of the
   34  laws of New Jersey, as applicable, shall apply to enforce the provisions
   35  of this article.
   36    S 117. Port authority as an agency.   Notwithstanding any law  to  the
   37  contrary,  the port authority shall be deemed an "agency" and treated as
   38  such under the laws of New York, for all purposes under articles six and
   39  six-A of the public officers law, and shall be deemed a "public  agency"
   40  and  treated  as  such  under New Jersey, P.L. 1963, c. 73 (C.47:1A-1 et
   41  seq.), pertaining to the disclosure of government records.
   42    S 118. Notice of claim.  Notwithstanding any other provision of law to
   43  the contrary, every action against the authority for damages or injuries
   44  to real or personal property, or for the  destruction  thereof,  or  for
   45  personal  injuries  or  wrongful  death  shall not be commenced unless a
   46  notice of claim shall have been served on the authority  in  the  manner
   47  provided  for in the state where the action is commenced, and in compli-
   48  ance with the pertinent statutes of  the  state  relating  generally  to
   49  actions  commenced  against  that  state  and in compliance with all the
   50  requirements of the laws of that state. Where such state's  law  permits
   51  service  upon  a  department  of  that state in lieu of service upon the
   52  public entity, service may be made pursuant to such law.  Except  in  an
   53  action  for wrongful death against such an entity, an action for damages
   54  or for injuries to real or personal property,  or  for  the  destruction
   55  thereof, or for personal injuries, alleged to have been sustained, shall
   56  not  be  commenced more than one year and ninety days after the cause of
       S. 3353--A                         12
    1  action therefor shall have accrued or within the time  period  otherwise
    2  prescribed  by  any special provision of law of that state, whichever is
    3  longer.
    4    S  119.  Regulations.    1. The port authority is hereby authorized to
    5  make suitable rules and regulations not inconsistent with the  constitu-
    6  tion  of  the United States or of either state, and subject to the exer-
    7  cise of the power of congress, for the improvement  of  the  conduct  of
    8  navigation  and  commerce, which, when concurred in or authorized by the
    9  legislatures of both states, shall be binding  and  effective  upon  all
   10  persons and corporations affected thereby.
   11    2. The two states shall provide penalties for violations of any order,
   12  rule  or regulation of the port authority, and for the manner of enforc-
   13  ing the same.
   14                                 ARTICLE II
   15                     DEVELOPMENT OF THE PORT OF NEW YORK
   16  Section 201. Development of the port of New York.
   17          202. Investigations.
   18          203. Hearings.
   19          204. Orders.
   20          205. Terminal stations.
   21          206. Preference.
   22    S 201. Development of the port of New York.  1. Pursuant  to  subdivi-
   23  sion  two  of section one hundred eight of this chapter the following be
   24  and is hereby adopted as the comprehensive plan for the  development  of
   25  the port of New York:
   26    (a)  That  terminal  operations  within  the  port district, so far as
   27  economically practicable, should be unified;
   28    (b) That there should be consolidation of shipments at proper  classi-
   29  fication  points  so  as to eliminate duplication of effort, inefficient
   30  loading of equipment and realize reduction in expenses;
   31    (c) That there should be the most direct routing of all commodities so
   32  as to avoid centers of congestion, conflicting currents and long  truck-
   33  hauls;
   34    (d)  That  terminal  stations established under the comprehensive plan
   35  should be union stations, so far as practicable;
   36    (e) That the process of coordinating facilities should so far as prac-
   37  ticable adapt existing facilities as integral parts of the  new  system,
   38  so  as  to avoid needless destruction of existing capital investment and
   39  reduce so far as may be possible the requirements for new  capital;  and
   40  endeavor  should  be  made to obtain the consent of local municipalities
   41  within the port district for  the  coordination  of  their  present  and
   42  contemplated port and terminal facilities with the whole plan.
   43    (f)  That  freight  from all railroads must be brought to all parts of
   44  the port wherever practicable  without  cars  breaking  bulk,  and  this
   45  necessitates  tunnel  connection between New Jersey and Long Island, and
   46  tunnel or bridge connections between other parts of the port;
   47    (g) That there should be urged upon the federal  authorities  improve-
   48  ment  of  channels  so  as  to  give  access for that type of waterborne
   49  commerce adapted to the various forms of development which  the  respec-
   50  tive  shorefronts  and  adjacent lands of the port would best lend them-
   51  selves to;
   52    (h) That highways for motor truck traffic should be laid out so as  to
   53  permit  the  most  efficient inter-relation between terminals, piers and
   54  industrial establishments not equipped with railroad sidings and for the
   55  distribution of building materials and many other commodities which must
       S. 3353--A                         13
    1  be handled by  trucks;  these  highways  to  connect  with  existing  or
    2  projected bridges, tunnels and ferries.
    3    (i)  That  definite  methods for prompt relief should be devised which
    4  can be applied for the better coordination  and  operation  of  existing
    5  facilities while larger and more comprehensive plans for future develop-
    6  ment are being carried out.
    7    2.  The bridges, tunnels and belt lines forming the comprehensive plan
    8  are generally and in outline indicated on maps filed by the port of  New
    9  York  authority  in  the offices of the secretaries of the states of New
   10  York and New Jersey and are hereinafter described in outline.
   11    3. (a) A tunnel or tunnels connecting the New  Jersey  shore  and  the
   12  Brooklyn  shore  of  New York to provide through line connection between
   13  the transcontinental railroads now having their terminals in New  Jersey
   14  with  the  Long  Island railroad and the New York connecting railroad on
   15  Long Island and with the New York Central and Hudson River railroad  and
   16  the  New  York,  New  Haven  and  Hartford railroad in the Bronx, and to
   17  provide continuous transportation of freight between the Queens,  Brook-
   18  lyn and Bronx sections of the port to and from all parts of the westerly
   19  section of the port, for all of the transcontinental railroads.
   20    (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
   21  existing bridge enlarged, to provide direct freight carriage between New
   22  Jersey and Staten Island.
   23    (c) The location of all such tunnels or bridges to be at the shortest,
   24  most  accessible  and most economical points practicable, taking account
   25  of existing facilities now located within the port district and  provid-
   26  ing  for  and taking account of all reasonably foreseeable future growth
   27  in all parts of the district.
   28    4. The island of Manhattan to be connected with New Jersey  by  bridge
   29  or  tunnel,  or  both,  and freight destined to and from Manhattan to be
   30  carried underground, so far as practicable, by  such  system,  automatic
   31  electric as hereinafter described or otherwise, as will furnish the most
   32  expeditious, economical and practicable transportation of freight, espe-
   33  cially  meat,  produce,  milk and other commodities comprising the daily
   34  needs of the people. Suitable markets, union  inland  terminal  stations
   35  and warehouses to be laid out at points most convenient to the homes and
   36  industries upon the island, the said system to be connected with all the
   37  trans-continental railroads terminating in New Jersey and by appropriate
   38  connection  with the New York Central and Hudson River railroad, the New
   39  York, New Haven and Hartford and the Long Island railroads.
   40    5. The numbers hereinafter used correspond with the numbers which have
   41  been placed on the map of the comprehensive plan to identify the various
   42  belt lines and marginal railroads.
   43    (a) Number 1. Middle belt line. Connects New Jersey and Staten  Island
   44  and  the  railroads  on  the  westerly  side  of the port with Brooklyn,
   45  Queens, the Bronx and the railroads on the easterly side  of  the  port.
   46  Connects  with  the New York Central railroad in the Bronx; with the New
   47  York, New Haven and Hartford railroad in the Bronx; with the Long Island
   48  railroad in Queens and Brooklyn; with the Baltimore  and  Ohio  railroad
   49  near  Elizabethport  and  in  Staten  Island;  with the Central Railroad
   50  Company of New Jersey at Elizabethport  and  at  points  in  Newark  and
   51  Jersey  City;  with the Pennsylvania railroad in Newark and Jersey City;
   52  with the Lehigh Valley railroad in Newark  and  Jersey  City;  with  the
   53  Delaware,  Lackawanna and Western railroad in Jersey City and the Secau-
   54  cus meadows; with the Erie railroad in  Jersey  City  and  the  Secaucus
   55  meadows;  with  the  New  York,  Susquehanna  and Western, the New York,
       S. 3353--A                         14
    1  Ontario and Western and the West Shore railroads on the westerly side of
    2  the Palisades above the Weehawken tunnel.
    3    The  route  of the middle belt line as shown on said map is in general
    4  as follows: Commencing at the Hudson river  at  Spuyten  Duyvil  running
    5  easterly  and  southerly generally along the easterly side of the Harlem
    6  river, utilizing existing lines so far as practicable and improving  and
    7  adding  where  necessary,  to a connection with Hell Gate bridge and the
    8  New Haven railroad, a distance  of  approximately  seven  miles;  thence
    9  continuing  in  a  general southerly direction, utilizing existing lines
   10  and improving and adding where necessary, to a point near Bay  Ridge,  a
   11  distance  of  approximately eighteen and one-half miles; thence by a new
   12  tunnel under New York bay in a northwesterly direction to  a  portal  in
   13  Jersey  City  or  Bayonne,  a distance of approximately five miles, to a
   14  connection with the tracks of the Pennsylvania and Lehigh  Valley  rail-
   15  roads; thence in a generally northerly direction along the easterly side
   16  of Newark bay and the Hackensack river at the westerly foot of the Pali-
   17  sades,  utilizing  existing tracks and improving and adding where neces-
   18  sary, making connections with the Jersey Central,  Pennsylvania,  Lehigh
   19  Valley,  Delaware,  Lackawanna  and Western, Erie, New York, Susquehanna
   20  and Western, New York, Ontario and Western, and West Shore railroads,  a
   21  distance of approximately ten miles. From the westerly portal of the Bay
   22  tunnel  and  from  the line along the easterly side of Newark bay by the
   23  bridges of the Central railroad of New Jersey (crossing  the  Hackensack
   24  and  Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads
   25  (crossing Newark bay) to the line of the central railroad of New  Jersey
   26  running along the westerly side of Newark bay and thence southerly along
   27  this  line to a connection with the Baltimore and Ohio railroad south of
   28  Elizabethport, utilizing  existing  lines  so  far  as  practicable  and
   29  improving and adding where necessary, a distance of approximately twelve
   30  miles; thence in an easterly direction crossing the Arthur kill, utiliz-
   31  ing  existing lines so far as practicable and improving and adding where
   32  necessary, along the northerly and easterly shores of Staten  Island  to
   33  the  new city piers and to a connection, if the city of New York consent
   34  thereto, with the tunnel under the  Narrows  to  Brooklyn  provided  for
   35  under  chapter  seven  hundred  of the laws of the state of New York for
   36  nineteen hundred and twenty-one.
   37    (b) Number 2. A marginal railroad to the  Bronx  extending  along  the
   38  shore of the East river and Westchester creek connecting with the middle
   39  belt  line  (number  one), and with the New York, New Haven and Hartford
   40  railroad in the vicinity of Westchester.
   41    (c) Number 3. A marginal railroad in  Queens  and  Brooklyn  extending
   42  along  Flushing  creek,  Flushing  bay, the East river and the upper New
   43  York bay.  Connects with the middle belt line  (number  one),  by  lines
   44  number  four,  number five, number six and directly at the southerly end
   45  at Bay Ridge.  Existing lines to be utilized and improved and  added  to
   46  and new lines built where lines do not now exist.
   47    (d)  Number  4.  An  existing  line  to be improved and added to where
   48  necessary. Connects the middle belt line (number one), with the marginal
   49  railroad number three near its northeasterly end.
   50    (e) Number 5. 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 in Long Island City.
   53    (f)  Number  6.  Connects  the middle belt line (number one), with the
   54  marginal railroad number three in the Greenpoint  section  of  Brooklyn.
   55  The existing portion to be improved and added to where necessary.
       S. 3353--A                         15
    1    (g)  Number  7.  A  marginal  railroad  surrounding  the northerly and
    2  westerly shores of Jamaica bay. A new line.  Connects  with  the  middle
    3  belt line (number one).
    4    (h)  Number  8.  An  existing  line, to be improved and added to where
    5  necessary. Extends along  the  southeasterly  shore  of  Staten  Island.
    6  Connects with middle belt line (number one).
    7    (i)  Number  9. A marginal railroad extending along the westerly shore
    8  of Staten Island and a branch connection  with  number  eight.  Connects
    9  with the middle belt line (number one), and with a branch from the outer
   10  belt line (number fifteen).
   11    (j) Number 10. A line made up mainly of existing lines, to be improved
   12  and added to where necessary. Connects with the middle belt line (number
   13  one) by way of marginal railroad number eleven. Extends along the south-
   14  erly shore of Raritan bay and through the territory south of the Raritan
   15  river reaching New Brunswick.
   16    (k)  Number  11.  A marginal railroad extending from a connection with
   17  the proposed outer belt line (number fifteen) near New  Brunswick  along
   18  the northerly shore of the Raritan river to Perth Amboy, thence norther-
   19  ly  along  the westerly side of the Arthur kill to a connection with the
   20  middle belt line (number one) south of  Elizabethport.  The  portion  of
   21  this line which exists to be improved and added to where necessary.
   22    (l)  Number 12. A marginal railroad extending along the easterly shore
   23  of Newark bay and the Hackensack river and connects with the middle belt
   24  line (number one). A new line.
   25    (m) Number 13. A marginal railroad extending along the  westerly  side
   26  of the Hudson river and the Upper New York bay. Made up mainly of exist-
   27  ing  lines----the  Erie  Terminals,  Jersey Junction, Hoboken Shore, and
   28  National Docks railroads. To be improved and added to  where  necessary.
   29  To be connected with middle belt line (number one).
   30    (n)  Number  14.  A  marginal railroad connecting with the middle belt
   31  line (number one), and extending through  the  Hackensack  and  Secaucus
   32  meadows.
   33    (o)  Number  15.  An  outer  belt  line, extending around the westerly
   34  limits of the port district  beyond  the  congested  section.  Northerly
   35  terminus on the Hudson river at Piermont. Connects by marginal railroads
   36  at the southerly end with the harbor waters below the congested section.
   37  By spurs connects with the middle belt line (number one) on the westerly
   38  shore of Newark bay and with the marginal railroad on the westerly shore
   39  of Staten Island (number nine).
   40    (p)  Number  16.  The  automatic electric system for serving Manhattan
   41  Island.  Its yards to connect with the middle belt line and with all the
   42  railroads of the port district. A standard  gauge  underground  railroad
   43  deep  enough  in  Manhattan  to  permit  of  two levels of rapid transit
   44  subways to pass over it. Standard railroad cars to be brought through to
   45  Manhattan terminals for perishables and food  products  in  refrigerator
   46  cars.  Cars with merchandise freight to be stopped at its yards. Freight
   47  from  standard cars to be transferred onto wheeled containers, thence to
   48  special electrically propelled cars which will  bear  it  to  Manhattan.
   49  Freight  to  be  kept on wheels between the door of the standard freight
   50  car at the transfer point and the tail board of the truck at the Manhat-
   51  tan terminal or the store door as may  be  elected  by  the  shipper  or
   52  consignee, eliminating extra handling.
   53    Union  terminal stations to be located on Manhattan in zones as far as
   54  practicable of equal trucking distance, as to pickups and deliveries, to
   55  be served by this system. Terminals to contain storage space  and  space
       S. 3353--A                         16
    1  for  other facilities. The system to bring all the railroads of the port
    2  to Manhattan.
    3    6.  The  determination  of the exact location, system and character of
    4  each of the said tunnels, bridges, belt lines,  approaches,  classifica-
    5  tion yards, warehouses, terminals or other improvements shall be made by
    6  the  port  authority  after  public  hearings  and further study, but in
    7  general the location thereof shall be as indicated upon said map, and as
    8  herein described.
    9    7. The right to add to, modify or change any  part  of  the  foregoing
   10  comprehensive  plan  is  reserved by each state, with the concurrence of
   11  the other.
   12    8. The port of New York authority is hereby authorized and directed to
   13  proceed with the development of the port of New York in accordance  with
   14  said  comprehensive  plan  as rapidly as may be economically practicable
   15  and is hereby vested with  all  necessary  and  appropriate  powers  not
   16  inconsistent  with  the  constitution  of the United States or of either
   17  state, to effectuate the same, except the power to levy taxes or assess-
   18  ments. It shall request the congress of the United States to  make  such
   19  appropriations  for  deepening  and  widening  channels and to make such
   20  grants of power as will enable the said plan to be effectuated. It shall
   21  have power to apply to all federal agencies,  including  the  interstate
   22  commerce  commission, the war department, and the United States shipping
   23  board, for suitable assistance in carrying out said plan. It shall coop-
   24  erate with the state highway commissioners of each state so  that  trunk
   25  line  highways as and when laid out by each state shall fit in with said
   26  comprehensive plan. It shall render such advice, suggestion and  assist-
   27  ance  to  all municipal officials as will permit all local and municipal
   28  port and harbor improvements, so far as practicable, to fit in with said
   29  plan. All municipalities within the district are hereby  authorized  and
   30  empowered  to cooperate in the effectuation of said plan, and are hereby
   31  vested with such powers as may be appropriate or necessary so to cooper-
   32  ate. The bonds or other securities issued by the port authority shall at
   33  all times be free from taxation by either state.    The  port  authority
   34  shall  be regarded as the municipal corporate instrumentality of the two
   35  states for the purpose of  developing  the  port  and  effectuating  the
   36  pledge  of the states in the said compact, but it shall have no power to
   37  pledge the credit of either state  or  to  impose  any  obligation  upon
   38  either state, or upon any municipality, except as and when such power is
   39  expressly granted by statute, or the consent by any such municipality is
   40  given.
   41    S  202. Investigations.  1. (a) To facilitate the determination of the
   42  economic practicability of any step in the comprehensive plan, or of any
   43  other fact  or  matter  which  the  port  authority  is  authorized  and
   44  empowered  to decide or determine, the port authority may conduct inves-
   45  tigations, inquiries or hearings at such place or  places  and  at  such
   46  times  as  it shall appoint.  Such investigations, inquiries or hearings
   47  may be held by or before one or more of the commissioners  of  the  port
   48  authority, or by or before any person or persons appointed as its repre-
   49  sentative, and when ratified, approved or confirmed by the port authori-
   50  ty on its action shall be and be deemed to be the investigation, inquiry
   51  or hearing of the port authority.
   52    (b) For the purpose of such investigations, inquiries or hearings, and
   53  of  such  other action or powers as the port authority may be authorized
   54  or empowered to take or exercise, it shall have jurisdiction of any  and
   55  all  persons,  associations,  or corporations, residing in, or acting or
       S. 3353--A                         17
    1  existing under or by virtue of the laws of, or owning property or coming
    2  within this state.
    3    2. The port authority shall have the power to compel the attendance of
    4  witnesses  and  the  production of any papers, books or other documents,
    5  and to administer oaths to all witnesses who may be  called  before  it.
    6  Subpoenas issued by the port authority shall be signed by a commissioner
    7  or  by the secretary of the port authority. No witness subpoenaed at the
    8  instance of parties other than the port authority shall be  entitled  to
    9  compensation  therefrom  for  attendance or travel, but the cost thereof
   10  shall be borne by the party at whose instance the witness  is  summoned,
   11  unless the port authority otherwise orders. A subpoena issued under this
   12  section  shall  be  regulated by the civil practice law and rules of the
   13  state of New York.
   14    S 203. Hearings.  1. All hearings before the port authority, including
   15  the taking of testimony, shall be governed by rules to  be  adopted  and
   16  prescribed by it.
   17    2. In any investigation, inquiry or hearing before the port authority,
   18  a  commissioner  or  an officer conducting the investigation, inquiry or
   19  hearing may confer immunity in accordance with the provisions of section
   20  50.20 of the criminal procedure law of the state of New York.
   21    3. No commissioner or employee of the port authority shall be required
   22  to give testimony in any civil suit to which the port authority is not a
   23  party with regard to information obtained by him in the discharge of his
   24  or her official duty.
   25    S 204. Orders.  1. Every order of the port authority shall  be  served
   26  upon  every  person,  association or corporation to be affected thereby,
   27  either by personal delivery of a certified copy thereof, or by mailing a
   28  certified copy thereof, in a sealed package with postage prepaid, to the
   29  person to be affected thereby; or in the case of a  corporation  to  any
   30  officer  or  agent  thereof  upon whom a summons might be served, either
   31  within or without the state, in accordance with law.  It  shall  be  the
   32  duty  of  every  person,  association or corporation, to notify the port
   33  authority forthwith, in writing, of the receipt of the certified copy of
   34  every order so served, and in the case of a corporation  such  notifica-
   35  tion must be signed and acknowledged by a person or officer duly author-
   36  ized  by  the corporation to admit such service. Within a time specified
   37  in the order of the port authority, such person, association  or  corpo-
   38  ration, upon whom it is served, must, if so required in the order, noti-
   39  fy  the port authority in like manner whether the terms of the order are
   40  accepted and will be obeyed. Every order of  the  port  authority  shall
   41  take  effect  at  a  time  therein specified and shall continue in force
   42  either for a period which may be designated therein, or until changed or
   43  abrogated by the port authority, unless such order  be  unauthorized  by
   44  law, or be in violation of a provision of the constitution of the state,
   45  or of the United States.
   46    2. No order staying or suspending an order of the port authority shall
   47  be  made  by any court otherwise than upon notice and after hearing, and
   48  if the order of the port authority is suspended,  the  order  suspending
   49  the  same shall contain a specific finding based upon evidence submitted
   50  to the court and identified by reference thereto that great and irrepar-
   51  able damage would otherwise result to the petitioner and specifying  the
   52  nature of the damage.
   53    3.  (a)  Whenever  the port authority shall be of the opinion that any
   54  person, association or corporation subject to its jurisdiction is  fail-
   55  ing  or omitting, or about to fail or omit to do anything required of it
   56  by the laws governing the development and regulation of the port of  New
       S. 3353--A                         18
    1  York,  or  by  its  order,  or  is  doing or is about to do anything, or
    2  permitting, or about to permit anything to be done contrary  to,  or  in
    3  violation  of,  such  law or orders, it shall direct its legal represen-
    4  tative  to  commence  an  action  or  proceeding in the name of the port
    5  authority, in an appropriate court having jurisdiction, for the  purpose
    6  of  having  such  violations,  or  threatened  violations,  stopped  and
    7  prevented either by mandamus or injunction. Such an action or proceeding
    8  may be brought in the supreme court of this state, and  the  said  court
    9  shall  have  and is hereby given the necessary and appropriate jurisdic-
   10  tion to grant mandamus or injunction, as the case may  require,  or  any
   11  other relief appropriate to the case.
   12    (b)  Failure  of such person, association or corporation to notify the
   13  port authority, as required in the preceding section, of its  acceptance
   14  of  and willingness to obey any order of the port authority shall be and
   15  be deemed to be prima facie  proof  that  such  person,  association  or
   16  corporation  is  guilty  of such violation, or threatened violation. The
   17  legal representative of the port authority shall begin  such  action  or
   18  proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
   19  violation complained of and praying for appropriate  relief  by  way  of
   20  mandamus  or  injunction. If the petition is directed to a court of this
   21  state, it shall thereupon be the duty of the court to specify the  time,
   22  not  exceeding  twenty days after the service of a copy of the petition,
   23  within which the person, association or corporation complained  of  must
   24  answer  the petition. In case of default in answer, or after answer, the
   25  court shall immediately inquire into the  facts  and  circumstances,  in
   26  such manner as the court shall direct, without other or formal pleadings
   27  and  without  respect  to any technical requirement. Such other persons,
   28  associations or corporations as the court shall deem necessary or proper
   29  to join as parties, in order to make its order, judgment or writs effec-
   30  tive, may be joined as parties upon application of the  legal  represen-
   31  tative  of  the port authority. The final judgment in any such action or
   32  proceeding shall either dismiss the action or proceeding, or direct that
   33  a writ of mandamus, or an injunction, or both, issue as  prayed  for  in
   34  the  petition, or in such modified or other form as the court may deter-
   35  mine will afford the appropriate relief.
   36    4. (a) Whenever the port authority, after opportunity to  the  parties
   37  affected or to be affected thereby to be heard, shall determine any fact
   38  or  matter  which  it  is authorized by any law to hear or determine, or
   39  that any step in the effectuation of the comprehensive plan is or in the
   40  near future will be economically practicable, it shall make its findings
   41  in writing, setting forth its reasons therefor, and such findings  shall
   42  be  and be deemed to be a determination by the port authority, under and
   43  pursuant to law. Upon such determination an  appropriate  order  may  be
   44  entered  by the port authority and be made effective and may be enforced
   45  as herein provided.
   46    (b) If such findings or determination shall require the use of  exist-
   47  ing  facilities or any part thereof described in the law, owned or oper-
   48  ated by any carrier or carriers, then the port authority may  order  and
   49  require the carrier or carriers owning or operating said railroad facil-
   50  ities or part thereof to permit the use of such facilities or part ther-
   51  eof upon the payment of reasonable compensation therefor. If the carrier
   52  or  carriers affected or to be affected by such order shall not be able,
   53  within the time to be specified in its order by the port  authority,  to
   54  agree  among  themselves upon the compensation to be paid by a user to a
   55  proprietor or operator for the use of such existing facilities  or  part
   56  thereof,  then the port authority shall make determination of the amount
       S. 3353--A                         19
    1  to be paid by the user to the proprietary carrier  or  carriers,  taking
    2  all  the  facts and circumstances into account, including the public use
    3  to which such facilities have been put; or,  at  its  option,  the  port
    4  authority  may  apply  to  the  supreme court of this state, either in a
    5  separate proceeding or in  proceedings  by  mandamus  or  injunction  to
    6  enforce  its order, to fix and determine the fair and reasonable compen-
    7  sation to be paid by the user to the proprietary carrier or carriers for
    8  such use. If any carrier shall be dissatisfied with the findings of  the
    9  port  authority in the matter of the compensation to be paid for the use
   10  of any existing facility, it shall have the right to review the same  in
   11  the  supreme  court  of this state by taking appropriate proceedings for
   12  such review within sixty days from the service of the order of the  port
   13  authority, but pending such review the order for the use of such facili-
   14  ties  shall  be  operative, the determination of the compensation by the
   15  court to relate back to the time  of  the  commencement  of  such  user,
   16  unless  the court shall for good and proper reasons enjoin the operation
   17  of such order.
   18    S 205. Terminal stations.  If, in the determination of steps to effec-
   19  tuate the comprehensive plan, the port authority  shall  determine  that
   20  one  or  more  union  terminal stations are then, or in the near future,
   21  economically practicable, it shall call a conference of all the carriers
   22  affected or to be affected by the  use  of  such  terminal  stations  or
   23  station  and  shall submit to them a plan or plans for the construction,
   24  maintenance and use thereof.  If the carriers or any of them shall  fail
   25  or  refuse  to  agree  upon such plan, the port authority shall make and
   26  certify its findings and conclusions to the supreme court of this state,
   27  and the said court is vested with appropriate and adequate  jurisdiction
   28  to  determine  whether  or not such plan or plans for a union station or
   29  stations effectuate the comprehensive plan, and to make such  conditions
   30  and  impose such terms as will carry out the same in accordance with the
   31  principles embraced in the comprehensive plan and the laws governing the
   32  same.
   33    S 206. Preference.   All actions and proceedings  to  which  the  port
   34  authority may be a party and in which any question arises under the laws
   35  relating to the port authority, or under or concerning any of its orders
   36  or  actions,  shall  be  preferred  over  all other civil causes, except
   37  election causes, in all courts of this state  and  shall  be  heard  and
   38  determined  in  preference  to all other civil business pending therein,
   39  except election causes, irrespective of position on  the  calendar.  The
   40  same preference shall be granted upon application of the legal represen-
   41  tative of the port authority, in any action or proceeding in which he or
   42  she may be allowed to intervene.
   43                                 ARTICLE III
   44               BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY
   45  Section 301. Legislative intent.
   46          302. Tunnels.
   47          303. Bridges.
   48          304. Studies and reporting.
   49          305. Inspections.
   50          306. Construction, maintenance and operation.
   51          307. Rules and regulations relating to tunnels and bridges.
   52          308. Bonds.
   53          309. Compact.
   54    S  301.  Legislative  intent.   The state of New Jersey by appropriate
   55  legislation concurring herein, the states of New  York  and  New  Jersey
       S. 3353--A                         20
    1  hereby  declare  and  agree that the vehicular traffic moving across the
    2  interstate waters within the port of New York district, created  by  the
    3  compact  of  April thirty, nineteen hundred twenty-one, between the said
    4  states,  which  said  phrase "interstate waters" as used in this article
    5  shall include the portion of the Hudson river within the  said  port  of
    6  New  York  district  north  of  the New Jersey state line, constitutes a
    7  general movement of traffic which follows the most accessible and  prac-
    8  ticable  routes,  and  that  the  users of each bridge or tunnel over or
    9  under the said waters benefit by the existence of every other bridge  or
   10  tunnel  since  all  such  bridges  and tunnels as a group facilitate the
   11  movement of such traffic and relieve congestion at each of  the  several
   12  bridges  and tunnels.   Accordingly the two said states, in the interest
   13  of the users of such bridges and tunnels and the general public,  hereby
   14  agree  that  the construction, maintenance, operation and control of all
   15  such bridges and tunnels, heretofore or hereafter authorized by the  two
   16  said  states, shall be unified under the port authority, to the end that
   17  the tolls and other revenues therefrom shall be applied so far as  prac-
   18  ticable  to  the costs of the construction, maintenance and operation of
   19  said bridges and tunnels as a group and economies in operation effected,
   20  it being the policy of the two said states that such bridges and tunnels
   21  shall as a group be in all respects self-sustaining.
   22    S 302. Tunnels. 1.  In furtherance of the policy stated in section 301
   23  of this article, and in partial effectuation of the  comprehensive  plan
   24  adopted  by  the two said states for the development of the said port of
   25  New York district pursuant to  this  chapter,  the  control,  operation,
   26  tolls  and  other revenues of the vehicular tunnel, known as the Holland
   27  tunnel, under the Hudson river between the city of Jersey City  and  the
   28  city  of  New York, shall be vested in the port authority as hereinafter
   29  provided; and the port authority is hereby authorized and  empowered  to
   30  construct,  own,  maintain  and operate an interstate vehicular crossing
   31  under the Hudson river to consist of three tubes (hereinafter called the
   32  Midtown Hudson  tunnel),  together  with  such  approaches  thereto  and
   33  connections  with  highways  as the port authority may deem necessary or
   34  desirable.
   35    2. The entrances, exits and approaches  to  the  said  Midtown  Hudson
   36  tunnel,  on the New York side, shall be between West Thirty-fifth street
   37  and West Forty-first street and in the vicinity of Ninth avenue  and  to
   38  the  west  thereof,  in  the borough of Manhattan, city of New York. The
   39  approaches to the said Midtown Hudson tunnel  on  the  New  Jersey  side
   40  shall  be so located and constructed as to permit tunnel traffic to pass
   41  over or under the tracks of the New York, Susquehanna and Western  Rail-
   42  road Company and the Northern Railroad Company of New Jersey, immediate-
   43  ly west of the Palisades, without crossing the said tracks at grade, and
   44  as  to  permit  connections  with New Jersey state highway routes in the
   45  vicinity of the said tracks. The said Midtown Hudson tunnel  shall  have
   46  an appropriate entrance and exit in the township of Weehawken, county of
   47  Hudson, state of New Jersey.
   48    3.  The  control,  operation,  tolls  and  other  revenues of the said
   49  Holland tunnel and its entrance and exit plazas  and  of  all  real  and
   50  personal  property  appurtenant thereto or used in connection therewith,
   51  shall vest in the port  authority  upon  the  making  of  the  following
   52  payments by the port authority to each of the said two states:
   53    (a) An amount equal to the moneys contributed by such state toward the
   54  cost  of  construction of the said Holland tunnel, with interest thereon
   55  at the rate of four and one-quarter per centum per annum from  the  date
       S. 3353--A                         21
    1  or dates on which such moneys were contributed by such state to the date
    2  of the payment to such state;
    3    (b)  Less, however, the share of such state in the net revenues of the
    4  said tunnel to the date of the said payment, and less interest  on  such
    5  net  revenues  at  the rate of four and one-quarter per centum per annum
    6  from the dates on which the said net  revenues  were  received  by  such
    7  state to the date of the said payment;
    8    (c)  And  in the case of the payment to the state of New York, less an
    9  amount equal to the moneys which the said state has agreed to advance to
   10  the port authority (but which have not as yet been advanced to the  port
   11  authority)  in  aid  of  bridge  construction,  during  the fiscal years
   12  commencing in nineteen hundred thirty-one and nineteen  hundred  thirty-
   13  two,  pursuant to chapter seven hundred and sixty-one of the laws of New
   14  York of nineteen hundred twenty-six and chapter  three  hundred  of  the
   15  laws  of  New  York of nineteen hundred twenty-seven and acts amendatory
   16  thereof and supplemental thereto, discounted, however, in  the  case  of
   17  each  advance  at the rate of four and one-quarter per centum per annum,
   18  from the date of the said payment to the state of New York to  the  date
   19  upon  which  such  advance  is to be available pursuant to the aforesaid
   20  statutes.
   21    In computing interest as aforesaid upon the moneys contributed by each
   22  of the said two states toward the  cost  of  construction  of  the  said
   23  Holland  tunnel, such moneys shall be deemed to have been contributed by
   24  such state upon the first day of the month following  the  month  during
   25  which  there  were  presented to the comptroller of such state for audit
   26  and payment, the schedules and vouchers pursuant to  which  such  moneys
   27  were  paid.  In  computing  interest  as aforesaid upon the net revenues
   28  received by each of the said two states,  such  net  revenues  shall  be
   29  deemed  to  have  been  received  by  such state upon the date when such
   30  revenues were credited to such state or to the commission of such  state
   31  pursuant  to  paragraph  eleven  of  article  fourteen of the compact of
   32  December thirty, nineteen hundred nineteen, between the two said states.
   33    4. If the amount paid by the port authority to the state of New Jersey
   34  pursuant to subdivision three of this section  shall  be  less  than  an
   35  amount  which,  together with the moneys then in the sinking fund estab-
   36  lished by chapter three hundred and fifty-two of the laws of New  Jersey
   37  of  nineteen hundred twenty and chapter two hundred and sixty-two of the
   38  laws of New Jersey of nineteen hundred twenty-four,  hereinafter  called
   39  the  New  Jersey  Camden  bridge-Holland tunnel sinking fund (other than
   40  moneys set apart to pay interest for the  then  current  year  upon  the
   41  bonds of the state of New Jersey authorized by the aforesaid acts of the
   42  state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
   43  tunnel  bonds),  will  be  equal  to  the  principal  amount of the then
   44  outstanding New Jersey Camden bridge-Holland tunnel bonds, then  and  in
   45  such event, the port authority shall in addition pay to the state of New
   46  Jersey an amount which, together with the amount paid under and pursuant
   47  to  the  preceding section hereof and the moneys then in said New Jersey
   48  Camden bridge-Holland tunnel sinking fund, will be equal to the  princi-
   49  pal  amount  of  the  then  outstanding New Jersey Camden bridge-Holland
   50  tunnel bonds; and shall, moreover, pay to the state of New York  a  like
   51  amount.
   52    5.  The  amount payable by the port authority to the state of New York
   53  pursuant to subdivisions three and four of this section shall be paid by
   54  the port authority into the treasury of the state of New York  upon  the
   55  thirtieth  day  of  June,  nineteen hundred thirty-one, or at an earlier
   56  date at the option of the port authority on five  days'  notice  to  the
       S. 3353--A                         22
    1  comptroller  of the state of New York, upon a voucher signed and audited
    2  by the said comptroller, who is hereby authorized to consummate the said
    3  transaction.
    4    6. The amount payable by the port authority to the state of New Jersey
    5  pursuant to subdivisions three and four of this section shall be paid by
    6  the  port authority to the sinking fund commission created by said chap-
    7  ter three hundred and fifty-two of the laws of New  Jersey  of  nineteen
    8  hundred twenty and said chapter two hundred and sixty-two of the laws of
    9  New  Jersey  of nineteen hundred twenty-four, hereinafter called the New
   10  Jersey Camden bridge-Holland tunnel sinking  fund  commission  upon  the
   11  thirtieth  day  of June, nineteen hundred thirty-one, or such other date
   12  as may be agreed upon by the said sinking fund commission and  the  port
   13  authority,  upon  a  voucher signed and audited by the said sinking fund
   14  commission, which said commission is  hereby  authorized  to  consummate
   15  said transaction; and the said moneys shall be deposited in the said New
   16  Jersey  Camden  bridge-Holland  tunnel  sinking  fund, and shall for all
   17  purposes be deemed to be a part thereof and subject to the appropriation
   18  of the moneys in the said sinking fund, made by the  aforesaid  statutes
   19  of the state of New Jersey.
   20    7.  The  income and interest received from or accruing upon the moneys
   21  in the aforesaid New Jersey Camden bridge-Holland tunnel  sinking  fund,
   22  and from the investment thereof, shall be set apart and held by the said
   23  New  Jersey Camden bridge-Holland tunnel sinking fund commission for the
   24  payment of interest on New Jersey Camden  bridge-Holland  tunnel  bonds,
   25  and  shall  be  subject to the appropriation made of moneys so set apart
   26  and held, by the aforesaid statutes of the  state  of  New  Jersey,  and
   27  shall be applied to the payment of such interest.
   28    8.  Upon the making of the foregoing payments by the port authority to
   29  the two said states, the provisions of the compact of  December  thirty,
   30  nineteen  hundred nineteen, between the said two states, relating to the
   31  construction and operation of the said Holland tunnel,  as  amended,  so
   32  far  as  inconsistent herewith or with the rules, practice and procedure
   33  or general authority of the port authority, shall be and shall be deemed
   34  to be abrogated; and chapter four hundred and twenty-one of the laws  of
   35  New  York of nineteen hundred thirty, and chapter two hundred and forty-
   36  seven of the laws of New Jersey of nineteen hundred thirty,  making  the
   37  port authority the agent of the two states in connection with the opera-
   38  tion of the said Holland tunnel shall cease to be effective.
   39    S  303.  Bridges.    1.  Except as may be agreed upon between the port
   40  authority and the municipality in  which  they  shall  be  located,  the
   41  approaches  to the George Washington bridge hereafter constructed on the
   42  New York side shall be located as follows: between Amsterdam avenue  and
   43  Pinehurst  avenue,  the  approaches  shall  be  located between West One
   44  hundred seventy-eighth street and West One hundred seventy-ninth street;
   45  between Pinehurst avenue and Cabrini boulevard, the approaches shall  be
   46  between  West  One  hundred  seventy-eighth  street and West One hundred
   47  eightieth street;  between  Cabrini  boulevard  and  Haven  avenue,  the
   48  approaches  shall be between West One hundred seventy-seventh street and
   49  the line parallel to the northerly side of West  One  hundred  eightieth
   50  street  and  one  hundred twenty-five feet north of the building line on
   51  the north side thereof; between Haven avenue and Service street north of
   52  the George Washington bridge, the approaches shall be between the bridge
   53  and an extension of the building line on the northerly side of West  One
   54  hundred  eightieth  street. Except as so limited, the port authority may
   55  effectuate such approaches, connections, highway extensions  or  highway
   56  improvements  as it shall deem necessary or desirable in relation to the
       S. 3353--A                         23
    1  George Washington bridge, located in or extending across the counties in
    2  which such bridge is located, and, in  its  discretion,  may  do  so  by
    3  agreement  with  any other public agency; such agreement may provide for
    4  the   construction,   ownership,   maintenance   or  operation  of  such
    5  approaches, connections or highway extensions or highway improvements by
    6  such other public agency.
    7    2. The port authority is  hereby  authorized  and  empowered,  in  its
    8  discretion,  to  construct,  own,  maintain  and  operate  in Washington
    9  Heights in the borough of Manhattan, New York city, as an  addition  and
   10  improvement  to  the vehicular bridge over the Hudson river at Fort Lee,
   11  known as and hereinafter in this section referred to as the George Wash-
   12  ington bridge, a bus passenger facility, by which is  meant  a  facility
   13  consisting  of  one or more buildings, structures, improvements, loading
   14  or unloading areas, parking areas or other facilities necessary, conven-
   15  ient or desirable in the opinion of the port authority for the  accommo-
   16  dation  of  omnibuses  and  other  motor  vehicles  operated by carriers
   17  engaged in the transportation of passengers, or for the loading, unload-
   18  ing, interchange or transfer of such passengers  or  their  baggage,  or
   19  otherwise  for  the accommodation, use or convenience of such passengers
   20  or such carriers or their employees and for purposes incidental thereto.
   21    3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
   22  authority  from  establishing,  levying  and  collecting tolls and other
   23  charges in connection with such bus passenger facility  in  addition  to
   24  and other than the tolls or charges established, levied and collected in
   25  connection  with  the  George  Washington  bridge or any other bridge or
   26  tunnel.
   27    S 304. Studies and reporting.  The port authority shall from  time  to
   28  time make studies, surveys and investigations to determine the necessity
   29  and practicability of vehicular bridges and tunnels over or under inter-
   30  state  waters  within  the port of New York district, in addition to the
   31  Midtown Hudson tunnel and Holland tunnel and to  the  George  Washington
   32  bridge,  Goethals  bridge,  Outerbridge Crossing and Bayonne bridge, and
   33  report to the governors and legislatures of the two states thereon.  The
   34  port authority shall not proceed with the construction of any such addi-
   35  tional  vehicular  bridges  and  tunnels  over  or under said interstate
   36  waters until hereafter expressly authorized by the two said states,  but
   37  the  second  deck of the George Washington bridge shall be considered an
   38  addition and improvement to the said bridge and not such  an  additional
   39  vehicular  bridge,  and  the port authority's power and authorization to
   40  construct, own, maintain and operate said second deck for highway vehic-
   41  ular or rail rapid transit traffic or both is  hereby  acknowledged  and
   42  confirmed.
   43    S  305. Inspections.  The port authority shall inspect bridges located
   44  within the state of New York and under the authority's  jurisdiction  in
   45  accordance  with  criteria  established for other publicly-owned bridges
   46  within the state.
   47    S 306. Construction, maintenance and operation.  1. The port authority
   48  shall, so far as it deems it practicable,  treat  as  a  single  unified
   49  operation  the  construction,  maintenance  and  operation  of  the said
   50  Midtown Hudson tunnel, the Holland tunnel,  the  two  vehicular  bridges
   51  over  the  Arthur Kill, the vehicular bridge over the Kill van Kull, the
   52  vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
   53  ular bridges or tunnels which  it  may  construct  or  operate,  raising
   54  moneys  for the construction thereof and for the making of additions and
   55  improvements thereto in whole or in part upon its own  obligations,  and
   56  establishing  and  levying  such  tolls and other charges as it may deem
       S. 3353--A                         24
    1  necessary to secure from all of such bridges and tunnels as a group,  at
    2  least sufficient revenue to meet the expenses of the construction, main-
    3  tenance  and  operation  of  such bridges and tunnels as a group, and to
    4  provide  for  the  payment  of  the  interest  upon and amortization and
    5  retirement of and the fulfillment of the terms of all  bonds  and  other
    6  securities  and  obligations  which  it  may  have issued or incurred in
    7  connection therewith.
    8    2. The additions and improvements to bridges and  tunnels  constructed
    9  or  operated  by  it  which  the  port authority is hereby authorized to
   10  effectuate shall include but not be limited to  parking  facilities,  by
   11  which  is  meant  transportation  facilities  consisting  of one or more
   12  areas, buildings, structures, improvements, or other  accommodations  or
   13  appurtenances  necessary,  convenient or desirable in the opinion of the
   14  port authority for the parking or storage of motor vehicles of users  of
   15  such bridges and tunnels and other members of the general public and for
   16  the  transfer  of the operators and passengers of such motor vehicles to
   17  and from omnibuses and other motor vehicles operated by carriers over or
   18  through such bridges or tunnels, and for purposes incidental thereto.
   19    3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
   20  authority  from  establishing,  levying  and  collecting tolls and other
   21  charges in connection with any parking facility in addition to and other
   22  than  the  tolls  or  charges  established,  levied  and  collected   in
   23  connection  with  the bridge or tunnel to which such parking facility is
   24  an addition and improvement or any other bridge or tunnel.
   25    4. The port authority shall not proceed with the construction  of  any
   26  parking  facility as an addition and improvement to any bridge or tunnel
   27  other than a parking facility in the township of  North  Bergen  in  the
   28  state  of  New Jersey at or in the vicinity of the Midtown Hudson tunnel
   29  and its approaches and connections, except as  heretofore  or  hereafter
   30  expressly authorized.
   31    5.  The  plans  of the connections with state or municipal highways of
   32  any vehicular bridge or tunnel which the port  authority  may  hereafter
   33  construct (including the plans of any additional connections of existing
   34  bridges  or  tunnels with state or municipal highways), shall be subject
   35  to the approval of the governor of the state in which  such  connections
   36  shall  be  located.  Either state may require by appropriate legislation
   37  that such connections shall be subject to the approval  of  the  munici-
   38  pality  of that state in which they shall be located; and in such event,
   39  the approval of such municipality shall be given as provided in subdivi-
   40  sion two of section one hundred four of this chapter.  Except as limited
   41  herein, the port authority shall determine  all  matters  pertaining  to
   42  such bridges and tunnels.
   43    6.  The  construction,  maintenance and operation of vehicular bridges
   44  and tunnels within the said port of New  York  district  (including  the
   45  said Holland tunnel and the said Midtown Hudson tunnel), are and will be
   46  in  all respects for the benefit of the people of the states of New York
   47  and New Jersey, for the increase of their commerce  and  prosperity  and
   48  for  the improvement of their health and living conditions; and the port
   49  authority shall be regarded  as  performing  an  essential  governmental
   50  function  in  undertaking  the  construction,  maintenance and operation
   51  thereof and in carrying out the provisions of law relating thereto,  and
   52  shall be required to pay no taxes or assessments upon any of the proper-
   53  ty acquired or used by it for such purposes.
   54    7.  If  for  any  of the purposes of this article (including temporary
   55  construction purposes, and the making of additions  or  improvements  to
   56  bridges  or  tunnels already constructed), the port authority shall find
       S. 3353--A                         25
    1  it necessary or convenient  to  acquire  any  real  property  as  herein
    2  defined,  whether  for  immediate  or future use, the port authority may
    3  find and determine that such property, whether a fee simple absolute  or
    4  a  lesser interest, is required for a public use, and upon such determi-
    5  nation, the said property shall be and shall be deemed  to  be  required
    6  for  such  public  use until otherwise determined by the port authority;
    7  and with the exceptions hereinafter specifically noted, the said  deter-
    8  mination shall not be affected by the fact that such property has there-
    9  tofore  been  taken  for,  or  is then devoted to, a public use; but the
   10  public use in the hands or under the control of the port authority shall
   11  be deemed superior to the public use in the hands of any  other  person,
   12  association or corporation.
   13    8.  The port authority may acquire and is hereby authorized to acquire
   14  such property, whether a fee simple absolute or a  lesser  interest,  by
   15  the  exercise  of  the right of eminent domain under and pursuant to the
   16  provisions of the eminent domain procedure law of the state of New York,
   17  in the case of property located in such state, and revised  statutes  of
   18  New  Jersey,  Title  20:1-1  et seq., in the case of property located in
   19  such state, or at the option  of  the  port  authority  as  provided  in
   20  section  fifteen  of  chapter  forty-three  of the laws of New Jersey of
   21  nineteen hundred forty-seven, as amended, for the condemnation  of  real
   22  property  for  air terminal purposes, in the case of property located in
   23  such state, or pursuant to such other and alternate procedure as may  be
   24  provided by law.
   25    9.  Where  a person entitled to an award in the proceedings to acquire
   26  any real property for any of the purposes of this  article,  remains  in
   27  possession  of  such  property after the time of the vesting of title in
   28  the port authority, the reasonable value of his  use  and  occupancy  of
   29  such  property  subsequent to such time, as fixed by agreement or by the
   30  court in such proceedings or by any  court  of  competent  jurisdiction,
   31  shall  be  a lien against such award, subject only to liens of record at
   32  the time of the vesting of title in the port authority.
   33    10. Nothing herein contained shall be construed to prohibit  the  port
   34  authority  from  bringing  any proceedings to remove a cloud on title or
   35  such other proceedings as it may, in its  discretion,  deem  proper  and
   36  necessary,  or  from  acquiring  any  such  property  by  negotiation or
   37  purchase.
   38    11. Anything in this act to the contrary notwithstanding, no  property
   39  now  or  hereafter  vested  in  or  held  by  any county, city, borough,
   40  village, township or other municipality  shall  be  taken  by  the  port
   41  authority,  without  the  authority  or  consent  of  such county, city,
   42  borough, village, township or other municipality as provided in  article
   43  one of this chapter, provided that the state in which such county, city,
   44  borough,  village, township or other municipality is located may author-
   45  ize such property to be taken by the port authority by  condemnation  or
   46  the  exercise  of  the right of eminent domain without such authority or
   47  consent; nor shall anything herein impair or invalidate in any  way  any
   48  bonded  indebtedness  of  the  state,  or  such  county,  city, borough,
   49  village, township or other municipality, nor impair  the  provisions  of
   50  law  regulating  the  payment into sinking funds of revenue derived from
   51  municipal property, or dedicating the revenues  derived  from  municipal
   52  property, to a specific purpose. The port authority is hereby authorized
   53  and  empowered  to acquire from any such county, city, borough, village,
   54  township or other municipality, or  from  any  other  public  agency  or
   55  commission  having jurisdiction in the premises, by agreement therewith,
   56  and such county, city, borough, village, township, municipality,  public
       S. 3353--A                         26
    1  agency  or commission, notwithstanding any contrary provision of law, is
    2  hereby authorized and empowered to  grant  and  convey  upon  reasonable
    3  terms  and conditions, any real property, which may be necessary for the
    4  construction,  operation  and  maintenance  of such bridges and tunnels,
    5  including such real property as has already been  devoted  to  a  public
    6  use.  Each  of the two said states hereby consent to the use and occupa-
    7  tion of the real property of such state necessary for the  construction,
    8  operation and maintenance of bridges and tunnels constructed or operated
    9  pursuant to the provisions of this article, including lands of the state
   10  lying under water.
   11    12.  The  port  authority and its duly authorized agents and employees
   12  may enter upon any land in this state for the  purpose  of  making  such
   13  surveys, maps, or other examinations thereof as it may deem necessary or
   14  convenient for the purposes of this article.
   15    13.  The  term  "real  property" as used in this section is defined to
   16  include lands, structures, franchises, and interests in land,  including
   17  lands under water and riparian rights, and any and all things and rights
   18  usually included within the said term, and includes not only fees simple
   19  absolute  but  also  any  and  all  lesser interests, such as easements,
   20  rights of way, uses, leases, licenses and all other incorporeal  heredi-
   21  taments and every estate, interest or right, legal or equitable, includ-
   22  ing  terms of years, and liens thereon by way of judgments, mortgages or
   23  otherwise, and also claims for damage to real estate.
   24    14. Nothing herein contained shall be construed to authorize or permit
   25  the port authority to undertake the construction of any vehicular bridge
   26  or tunnel over or under  the  Arthur  Kill,  unless  or  until  adequate
   27  provision  has  been  made  by law for the protection of those advancing
   28  money upon the obligations of the port authority for the construction of
   29  the bridges mentioned in chapter two hundred and  ten  of  the  laws  of
   30  nineteen  hundred  twenty-five,  or  the  construction  of any vehicular
   31  bridge or tunnel over or under the Hudson river, at or north of Sixtieth
   32  street in the borough of Manhattan, city of New York,  unless  or  until
   33  adequate  provision  has  been  made  by law for the protection of those
   34  advancing money upon the obligations  of  the  port  authority  for  the
   35  construction  of  the  bridge  mentioned  in  chapter  seven hundred and
   36  sixty-one  of  the  laws  of  nineteen  hundred   twenty-six,   or   the
   37  construction  of  any  vehicular bridge or tunnel over or under the Kill
   38  van Kull unless or until adequate provision has been made by law for the
   39  protection of those advancing money upon the  obligations  of  the  port
   40  authority  for the construction of the bridge mentioned in chapter three
   41  hundred of the laws of nineteen hundred twenty-seven.
   42    S 307. Rules and regulations relating to tunnels and bridges.  1.  The
   43  port  authority  is hereby authorized to make and enforce such rules and
   44  regulations and to establish, levy and  collect  such  tolls  and  other
   45  charges  in  connection  with any vehicular bridges and tunnels which it
   46  may now or hereafter be authorized to own, construct, operate or control
   47  (including the said Holland tunnel and the said Midtown Hudson  tunnel),
   48  as  it  may  deem  necessary,  proper or desirable, which said tolls and
   49  charges shall be at  least  sufficient  to  meet  the  expenses  of  the
   50  construction,  operation and maintenance thereof, and to provide for the
   51  payment of, with interest upon, and the amortization and  retirement  of
   52  bonds  or  other securities or obligations issued or incurred for bridge
   53  or tunnel purposes.  There  shall  be  allocated  to  the  cost  of  the
   54  construction,  operation  and  maintenance  of such bridges and tunnels,
   55  such proportion of the general expenses of  the  port  authority  as  it
   56  shall deem properly chargeable thereto.
       S. 3353--A                         27
    1    2.  The  moneys  in  the  general  reserve  fund of the port authority
    2  (authorized by chapter five of  the  laws  of  New  Jersey  of  nineteen
    3  hundred  thirty-one,  as amended, and chapter forty-eight of the laws of
    4  New York of nineteen hundred thirty-one, as  amended  and  contained  by
    5  article  XXX  of this chapter) may be pledged in whole or in part by the
    6  port authority as security for or applied by it to  the  repayment  with
    7  interest of any moneys which it may raise upon bonds or other securities
    8  or  obligations  issued  or  incurred  from  time to time for any of the
    9  purposes of this article or secured in whole or in part by the pledge of
   10  the revenues of the port authority from any bridge or tunnel or both  so
   11  issued  or  incurred  and  so  secured;  and  the moneys in said general
   12  reserve fund may be applied by the port authority to the fulfillment  of
   13  any  other undertakings which it may assume to or for the benefit of the
   14  holders of any such bonds, securities or other obligations.
   15    3. Subject to prior liens and pledges (and to the  obligation  of  the
   16  port  authority  to  apply  revenues  to  the maintenance of its general
   17  reserve fund in the amount prescribed by the said  statutes  authorizing
   18  said  fund),  the  revenues of the port authority from facilities estab-
   19  lished, constructed, acquired or effectuated  through  the  issuance  or
   20  sale  of  bonds of the port authority secured by a pledge of its general
   21  reserve fund may be pledged in whole or  in  part  as  security  for  or
   22  applied  by it to the repayment with interest of any moneys which it may
   23  raise upon bonds or other securities or obligations issued  or  incurred
   24  from  time to time for any of the purposes of this article or secured in
   25  whole or in part by the pledge of the revenues  of  the  port  authority
   26  from  any bridge or tunnel or both so issued or incurred and so secured,
   27  and said revenues may be applied by the port authority to  the  fulfill-
   28  ment of any other undertakings which it may assume to or for the benefit
   29  of the holders of such bonds, securities or other obligations.
   30    In  the  event that at any time the balance of moneys theretofore paid
   31  into the general reserve fund and not applied therefrom shall exceed  an
   32  amount  equal  to  one-tenth  of  the  par  value of all bonds legal for
   33  investment, as defined and limited in the said statutes authorizing said
   34  fund, issued by the port authority and  currently  outstanding  at  such
   35  time,  by reason of the retirement of bonds or other securities or obli-
   36  gations issued or incurred from time to time for any of the purposes  of
   37  this  article or secured in whole or in part by the pledge of the reven-
   38  ues of the port authority from any bridge or tunnel or both so issued or
   39  incurred and so secured, the par value of  which  had  theretofore  been
   40  included  in  the computation of said one-tenth, then the port authority
   41  may pledge or apply such excess for and only for the purposes for  which
   42  it  is  authorized  by the said statutes authorizing said fund to pledge
   43  the moneys in the general reserve fund and such pledge may  be  made  in
   44  advance of the time when such excess may occur.
   45    S  308.  Bonds.    1. The two said states covenant and agree with each
   46  other and with the holders of any bonds or  other  securities  or  obli-
   47  gations  of  the port authority, issued or incurred for bridge or tunnel
   48  purposes and as security for which there may or  shall  be  pledged  the
   49  tolls and revenues or any part thereof of any vehicular bridge or tunnel
   50  (including  the said Holland tunnel and the said Midtown Hudson tunnel),
   51  that the two said states will not, so long as any of such bonds or other
   52  obligations remain outstanding and unpaid, diminish or impair the  power
   53  of  the  port  authority  to establish, levy and collect tolls and other
   54  charges in connection therewith; and that the two said states will  not,
   55  so long as any of such bonds or other obligations remain outstanding and
   56  unpaid,  authorize  the construction of any vehicular bridges or tunnels
       S. 3353--A                         28
    1  over or under interstate waters as herein defined within the  said  port
    2  of New York district, by any person or body other than the port authori-
    3  ty,  in competition with those whose tolls or other revenues are pledged
    4  as  aforesaid; provided that nothing herein contained shall be deemed to
    5  refer to the bridge authorized by the act of congress  of  July  eleven,
    6  eighteen  hundred  ninety,  chapter six hundred and sixty-nine, and acts
    7  amendatory thereof and supplemental thereto; and provided  further  that
    8  nothing  herein  contained  shall  preclude  the  authorization  of  the
    9  construction of such competitive tunnels or bridges by other persons  or
   10  bodies  if  and  when  adequate  provision  shall be made by law for the
   11  protection of those advancing money upon such obligations.
   12    2. The bonds or other securities or obligations which may be issued or
   13  incurred by the port authority pursuant to this article, or as  security
   14  for  which there may be pledged the tolls and other revenues or any part
   15  thereof of any vehicular bridge or tunnel (including  the  said  Holland
   16  tunnel  and  the said Midtown Hudson tunnel) now or hereafter authorized
   17  by the two said states or both so issued or incurred and so secured, are
   18  hereby made securities in which all state  and  municipal  officers  and
   19  bodies,  all banks, bankers, trust companies, savings banks, savings and
   20  loan associations, investment companies and other persons carrying on  a
   21  banking  business,  all  insurance companies, insurance associations and
   22  other persons carrying on an insurance business, and all administrators,
   23  executors, guardians, trustees  and  other  fiduciaries  and  all  other
   24  persons  whatsoever who are now or may hereafter be authorized to invest
   25  in bonds or other obligations of the state,  may  properly  and  legally
   26  invest  any  funds, including capital, belonging to them or within their
   27  control; and said bonds or other securities or  obligations  are  hereby
   28  made  securities  which  may  properly and legally be deposited with and
   29  shall be received by any state or municipal officer or  agency  for  any
   30  purpose  for  which  the  deposit  of bonds or other obligations of this
   31  state is now or may hereafter be authorized.
   32    S 309. Compact.  1. This section and the preceding  sections  of  this
   33  article,  constitute an agreement between the states of New York and New
   34  Jersey supplementary to the compact between the two states  dated  April
   35  thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
   36  be liberally construed to effectuate the purposes of said compact and of
   37  the comprehensive plan heretofore adopted by the  two  states,  and  any
   38  powers  granted to the port authority by this article shall be deemed to
   39  be in aid of and supplementary to and in no case a limitation  upon  the
   40  powers  heretofore  vested  in the port authority by the two said states
   41  and/or by congress, except as herein otherwise provided.
   42    2. Any declarations contained in this  article  with  respect  to  the
   43  governmental  nature  of  bridges  and  tunnels  and to the exemption of
   44  bridge and tunnel property from taxation and to the  discretion  of  the
   45  port authority with respect to bridge and tunnel operations shall not be
   46  construed to imply that other port authority property and operations are
   47  not  of  a governmental nature, or that they are subject to taxation, or
   48  that the determinations of the port authority with respect  thereto  are
   49  not conclusive.
   50    3.  The  powers vested in the port authority herein (including but not
   51  limited to the powers to acquire real property by  condemnation  and  to
   52  make  or effectuate additions, improvements, approaches and connections)
   53  shall be continuing powers and no exercise thereof shall  be  deemed  to
   54  exhaust them or any of them.
   55    4.  Nothing herein contained shall be construed to affect, diminish or
   56  impair the rights and obligations created by, or to repeal  any  of  the
       S. 3353--A                         29
    1  provisions  of  chapter  three  hundred and fifty-two of the laws of New
    2  Jersey of nineteen hundred twenty and chapter two hundred and  sixty-two
    3  of the laws of New Jersey of nineteen hundred twenty-four.
    4    5.  If,  however,  any loss shall be suffered by or accrue to the said
    5  sinking fund, and if, after the  making  of  the  payment  by  the  port
    6  authority  to  the  state  of  New  Jersey as hereinbefore provided, the
    7  moneys in the said sinking fund shall at any time be or become less than
    8  an amount equal to the principal amount of the then currently  outstand-
    9  ing  New Jersey Camden bridge-Holland tunnel bonds, or if the income and
   10  interest currently received from or currently accruing upon  the  moneys
   11  in  the  said  sinking  fund  shall be or become insufficient to pay the
   12  interest currently accruing upon or currently payable in connection with
   13  the aforesaid New Jersey Camden bridge-Holland tunnel bonds,  the  state
   14  of New Jersey represents and agrees that it will make good such deficits
   15  out of sources other than revenues from the said Holland tunnel.
   16    6.  The  said payment by the port authority to the state of New Jersey
   17  constitutes repayment for all  moneys  contributed  by  the  said  state
   18  toward  the  cost  of construction of the said Holland tunnel, including
   19  the moneys diverted and appropriated by chapter three hundred and  nine-
   20  teen  of the laws of New Jersey of nineteen hundred twenty-six and chap-
   21  ter fifty-eight of the laws of New Jersey of  nineteen  hundred  twenty-
   22  seven  from the road fund, created by chapter fifteen of the laws of New
   23  Jersey of nineteen hundred seventeen. The requirement of chapter  fifty-
   24  eight  of  the  laws of New Jersey of nineteen hundred twenty-seven that
   25  the said moneys diverted and appropriated by the said  statutes  of  the
   26  state  of  New  Jersey  shall  be returned and credited to the said road
   27  fund, with interest, shall be and shall be deemed to  be  satisfied  and
   28  discharged  so far as it relates to the revenues arising from the opera-
   29  tion of the said Holland tunnel.
   30    7. The provisions of this section  shall  constitute  a  covenant  and
   31  agreement  by  the  state  of New York with the state of New Jersey, the
   32  port authority and the holders of any bonds or other obligations of  the
   33  port  authority,  as  security  for which the tolls and revenues of said
   34  Holland tunnel may be pledged.
   35    8. Nothing herein contained shall be construed to impair  in  any  way
   36  the  obligation  of the port authority to repay to the two states any or
   37  all advances made by them  to  the  port  authority  in  aid  of  bridge
   38  construction.
   39                                 ARTICLE IV
   40            THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
   41                             NEW JERSEY COMPACT
   42                                   PART I
   43  Section 400. Compact.
   44          401. Findings and declarations.
   45          402. Definitions.
   46          403. Waterfront  and  airport  commission  of  New  York and New
   47                 Jersey.
   48          404. General powers of commission.
   49          405. Pier superintendent and hiring agents.
   50          406. Stevedores.
   51          407. Prohibition of public loading.
   52          408. Longshoreman.
   53          409. Regularization of longshoremen's employment.
   54          410. Port watchmen.
   55          411. Hearings, determinations and review.
       S. 3353--A                         30
    1          412. Employment information centers.
    2          413. Expenses of administration.
    3          414. General violations; prosecutions; penalties
    4          415. Collective bargaining safeguarded.
    5          416. Amendments; construction; short title.
    6                                          PART II
    7          417. Waterfront commission compact.
    8          418. Expenses of administration.
    9          419. Reimbursement.
   10          420. Penalties.
   11          421. Federal funds.
   12          422. Supplementary definitions.
   13          423. Additional powers of the commission.
   14          424. Regularization of longshoremen's employment.
   15          425. Additional violations.
   16          426. Hearings.
   17          427. Denial of applications.
   18          428. Revocation of licenses and registrations.
   19          429. Removal of port watchmen's ineligibility.
   20          430. Petition for order to remove an ineligibility.
   21          431. Denial of stevedore applications.
   22          432. Checkers.
   23          433. Supplementary violations.
   24          434. Suspension  or  acceptance of applications for inclusion in
   25                 longshoremen's register; exceptions.
   26          435. Temporary suspension of  permits,  licenses  and  registra-
   27                 tions.
   28          436. Continuance of port watchmen's licenses.
   29          437. Regularization of port watchmen's employment.
   30          438. Duration of stevedore's license.
   31          439. Implementation  of  telecommunications  hiring  system  for
   32                 longshoremen and checkers and registration of  telecommu-
   33                 nications system controller.
   34                                          PART III
   35          440. Commission established for New York state.
   36          441. Prohibition against loitering.
   37          442. Prohibition   against  union  having  officers,  agents  or
   38                 employees who have been convicted of certain  crimes  and
   39                 offenses.
   40          443. Exception to section 442 for certain employees.
   41                                          PART IV
   42          444. Compact.
   43          445. Findings and declarations.
   44          446. Definitions.
   45          447. General powers of the commission.
   46          448. Airfreightmen and airfreightman supervisors.
   47          449. Air freight terminal operators; air freight truck carriers;
   48                 and airfreightmen labor relations consultants.
   49          450. Air freight security area.
   50          451. Hearings, determinations and review.
       S. 3353--A                         31
    1          452. Expenses of administration.
    2          453. General violations; prosecutions; penalties.
    3          454. Amendments; construction; short title.
    4                                           PART V
    5          455. Prohibition  against  unions  having  officers,  agents  or
    6                 employees who have been convicted of certain  crimes  and
    7                 offenses.
    8          456. Prohibition against employer organizations having officers,
    9                 agents,  or  employees who have been convicted of certain
   10                 crimes and offenses.
   11          457. Exceptions to sections four  hundred  fifty-five  and  four
   12                 hundred fifty-six of this part for certain employees.
   13          458. Civil penalties.
   14          459. Civil enforcement.
   15          460. Exemption from arrest and service of process.
   16          461. Nonresident witnesses.
   17          462. Officers and employees.
   18          463. Penalties.
   19          464. Short title.
   20                                   PART I
   21    S 400. Compact. The "waterfront and airport commission of New York and
   22  New Jersey compact" as first enacted by chapter eight hundred eighty-two
   23  of  the laws of nineteen hundred fifty-three is hereby continued to read
   24  as follows. The state of New York hereby agrees with the  state  of  New
   25  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    S 401. Findings and declarations. 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
       S. 3353--A                         32
    1  including extortion against persons not desiring to employ  them;    and
    2  that  the  function of loading and unloading trucks and other land vehi-
    3  cles  at  piers  and  other  waterfront  terminals  can  and  should  be
    4  performed,  as in every other major American port, without the evils and
    5  abuses of the public loader system, and by the carriers  of  freight  by
    6  water,  stevedores  and  operators  of  such  piers and other waterfront
    7  terminals or the operators of such trucks or other land vehicles.
    8    3. The states of New York and New Jersey hereby find and declare  that
    9  many  of the evils above described result not only from the causes above
   10  described but from the lack of regulation of the  occupation  of  steve-
   11  dores;  that such stevedores have engaged in corrupt practices to induce
   12  their  hire  by  carriers of freight by water and to induce officers and
   13  representatives of labor organizations to  betray  their  trust  to  the
   14  members of such labor organizations.
   15    4.  The states of New York and New Jersey hereby find and declare that
   16  the  occupations  of  longshoremen,  stevedores,  pier  superintendents,
   17  hiring  agents  and  port  watchmen  are affected with a public interest
   18  requiring their regulation and that such regulation shall be  deemed  an
   19  exercise of the police power of the two states for the protection of the
   20  public  safety, welfare, prosperity, health, peace and living conditions
   21  of the people of the two states.
   22    S 402. Definitions. As used in this compact:
   23    1. "The port of New York district" shall mean the district created  by
   24  article  II of the compact dated April thirtieth, nineteen hundred twen-
   25  ty-one, between the states of New York and  New  Jersey,  authorized  by
   26  chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
   27  hundred twenty-one and continued by article I of this chapter, and chap-
   28  ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
   29  twenty-one.
   30    2.  "Commission"  shall  mean the waterfront and airport commission of
   31  New York and New Jersey established by section  four  hundred  three  of
   32  this part.
   33    3. "Pier" shall include any wharf, pier, dock or quay.
   34    4.  "Other  waterfront terminal" shall include any warehouse, depot or
   35  other terminal (other than a pier) which is located within one  thousand
   36  yards of any pier in the port of New York district and which is used for
   37  waterborne freight in whole or substantial part.
   38    5. "Person" shall mean not only a natural person but also any partner-
   39  ship,  joint venture, association, corporation or any other legal entity
   40  but shall not include the United States, any state or territory  thereof
   41  or  any  department,  division, board, commission or authority of one or
   42  more of the foregoing.
   43    6. "Carrier of freight by water" shall mean  any  person  who  may  be
   44  engaged or who may hold himself out as willing to be engaged, whether as
   45  a  common  carrier,  as  a  contract  carrier  or  otherwise (except for
   46  carriage of liquid cargoes in bulk in  tank  vessels  designed  for  use
   47  exclusively  in  such  service  or  carriage  by  barge  of bulk cargoes
   48  consisting of only a single commodity loaded or carried without wrappers
   49  or containers and delivered by the carrier without  transportation  mark
   50  or  count)  in the carriage of freight by water between any point in the
   51  port of New York district and a point outside said district.
   52    7. "Waterborne freight" shall mean freight carried by or consigned for
   53  carriage by carriers of freight by water.
   54    8. "Longshoreman" shall mean a natural person,  other  than  a  hiring
   55  agent,  who is employed for work at a pier or other waterfront terminal,
   56  either by a carrier of freight by water or by a stevedore:
       S. 3353--A                         33
    1    (a) physically to move waterborne freight on vessels berthed at piers,
    2  on piers or at other waterfront terminals, or
    3    (b)  to engage in direct and immediate checking of any such freight or
    4  of the custodial accounting therefor or in the recording  or  tabulation
    5  of  the  hours  worked at piers or other waterfront terminals by natural
    6  persons employed by carriers of freight by water or stevedores, or
    7    (c) to supervise directly and immediately others who are  employed  as
    8  in subdivision (a) of this section.
    9    9.  "Pier  superintendent"  shall mean any natural person other than a
   10  longshoreman who is employed for work at  a  pier  or  other  waterfront
   11  terminal  by a carrier of freight by water or a stevedore and whose work
   12  at such pier or other  waterfront  terminal  includes  the  supervision,
   13  directly or indirectly, of the work of longshoremen.
   14    10.  "Port  watchman"  shall include any watchman, gateman, roundsman,
   15  detective, guard, guardian or protector  of  property  employed  by  the
   16  operator  of  any  pier  or other waterfront terminal or by a carrier of
   17  freight by water to perform services in such capacity  on  any  pier  or
   18  other waterfront terminal.
   19    11.  "Longshoremen's  register"  shall  mean  the register of eligible
   20  longshoremen compiled and  maintained  by  the  commission  pursuant  to
   21  section four hundred eight of this part.
   22    12.  "Stevedore"  shall  mean a contractor (not including an employee)
   23  engaged for compensation pursuant to a contract or  arrangement  with  a
   24  carrier  of  freight  by  water, in moving waterborne freight carried or
   25  consigned for carriage by  such  carrier  on  vessels  of  such  carrier
   26  berthed at piers, on piers at which such vessels are berthed or at other
   27  waterfront terminals.
   28    13.  "Hiring  agent" shall mean any natural person, who on behalf of a
   29  carrier of freight by water or a stevedore shall select any longshoreman
   30  for employment.
   31    14. "Compact"  shall  mean  this  compact  and  rules  or  regulations
   32  lawfully promulgated thereunder.
   33    S  403.  Waterfront and airport commission of New York and New Jersey.
   34  1. There is hereby created the waterfront and airport commission of  New
   35  York  and  New  Jersey,  which shall be a body corporate and politic, an
   36  instrumentality of the states of New York and New Jersey.
   37    2. The commission shall consist of four members, two to be  chosen  by
   38  the  state  of New Jersey and two to be chosen by the state of New York.
   39  The members representing each state shall be appointed by  the  governor
   40  of such state with the advice and consent of the senate thereof, without
   41  regard  to  the  state  of  residence of such members, and shall receive
   42  compensation to be fixed by the governor of such state.    The  term  of
   43  office  of  each member shall be for four years; provided, however, that
   44  the two present members of the  commission  heretofore  appointed  shall
   45  continue  to  serve  as  members  until the expiration of the respective
   46  terms for which they were appointed,  that  the  term  of  the  two  new
   47  members  shall expire on June thirtieth, nineteen hundred seventy-three,
   48  and that the term of the successors to the present members shall  expire
   49  on  June  thirtieth,  nineteen hundred seventy-five.   Each member shall
   50  hold office until  his  successor  has  been  appointed  and  qualified.
   51  Vacancies  in  office  shall  be filled for the balance of the unexpired
   52  term in the same manner as original appointments.
   53    3. Three members of the commission shall constitute a quorum;  but the
   54  commission shall act only by a majority vote of all its  members.    Any
   55  member may, by written instrument filed in the office of the commission,
   56  designate  any officer or employee of the commission to act in his place
       S. 3353--A                         34
    1  as a member whenever he shall be unable  to  attend  a  meeting  of  the
    2  commission.    A vacancy in the office of a member shall not impair such
    3  designation until the vacancy shall have been filled.    The  commission
    4  shall  elect  one  of its members to serve as chairman for a term of one
    5  year;  provided, however, that the term  of  the  first  chairman  shall
    6  expire  on  June  thirtieth, nineteen hundred seventy-one.  The chairman
    7  shall represent a state other than the state represented  by  the  imme-
    8  diately preceding chairman.
    9    S  404.  General  powers of commission.  In addition to the powers and
   10  duties elsewhere prescribed in this compact, the commission  shall  have
   11  the power:
   12    1. To sue and be sued;
   13    2. To have a seal and alter the same at pleasure;
   14    3. To acquire, hold and dispose of real and personal property by gift,
   15  purchase,  lease,  license  or  other  similar manner, for its corporate
   16  purposes;
   17    4. To determine the location, size and suitability  of  accommodations
   18  necessary  and  desirable  for  the establishment and maintenance of the
   19  employment information centers provided in section four  hundred  twelve
   20  of this part and for administrative offices for the commission;
   21    5.  To  appoint  such  officers,  agents  and employees as it may deem
   22  necessary, prescribe their powers, duties  and  qualifications  and  fix
   23  their compensation and retain and employ counsel and private consultants
   24  on a contract basis or otherwise;
   25    6. To administer and enforce the provisions of this compact;
   26    7.  To  make  and enforce such rules and regulations as the commission
   27  may deem necessary to effectuate the purposes  of  this  compact  or  to
   28  prevent  the  circumvention  or  evasion  thereof,  to be effective upon
   29  publication in the manner which the commission shall prescribe and  upon
   30  filing  in the office of the secretary of state of each state.  A certi-
   31  fied copy of any such  rules  and  regulations,  attested  as  true  and
   32  correct  by the commission, shall be presumptive evidence of the regular
   33  making, adoption, approval and publication thereof;
   34    8. By its members and its properly  designated  officers,  agents  and
   35  employees, to administer oaths and issue subpoenas to compel the attend-
   36  ance  of  witnesses  and  the  giving of testimony and the production of
   37  other evidence;
   38    9. 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 vessels, piers and other waterfront terminals or  other  places
   41  in  the port of New York district, for the purposes of making inspection
   42  or enforcing the provisions of  this  compact;    and  no  person  shall
   43  obstruct or in any way interfere with any such member, officer, employee
   44  or  agent in the making of such inspection, or in the enforcement of the
   45  provisions of this compact or in the performance of any other  power  or
   46  duty under this compact;
   47    10.  To  recover possession of any suspended or revoked license issued
   48  under this compact;
   49    11. To make investigations, collect and compile information concerning
   50  waterfront practices generally within the port of New York district  and
   51  upon  all  matters  relating  to the accomplishment of the objectives of
   52  this compact;
   53    12. To advise and consult with representatives of labor  and  industry
   54  and  with  public officials and agencies concerned with the effectuation
   55  of the purposes of this compact, upon all matters which  the  commission
   56  may desire, including but not limited to the form and substance of rules
       S. 3353--A                         35
    1  and  regulations,  the administration of the compact, maintenance of the
    2  longshoremen's register, and issuance and revocation of licenses;
    3    13. To make annual and other reports to the governors and legislatures
    4  of  both  states  containing  recommendations for the improvement of the
    5  conditions of waterfront labor within the port of New York district, for
    6  the alleviation of the evils described in section four  hundred  one  of
    7  this  part  and  for  the  effectuation of the purposes of this compact.
    8  Such annual reports shall state the commission's  finding  and  determi-
    9  nation  as  to  whether  the  public  necessity still exists for (a) the
   10  continued registration of longshoremen, (b) the continued  licensing  of
   11  any  occupation  or employment required to be licensed hereunder and (c)
   12  the continued public operation of  the  employment  information  centers
   13  provided for in section four hundred twelve of this part.
   14    14.  To  cooperate  with  and  receive  from any department, division,
   15  bureau, board, commission, or agency of either or both states, or of any
   16  county or municipality thereof, such assistance and data as will  enable
   17  it  properly  to  carry  out  its  powers and duties hereunder;   and to
   18  request any such department, division,  bureau,  board,  commission,  or
   19  agency,  with  the consent thereof, to execute such of its functions and
   20  powers, as the public interest may require.
   21    15. The powers and duties of the commission may be exercised by  offi-
   22  cers,  employees and agents designated by them, except the power to make
   23  rules and regulations.  The commission shall have such additional powers
   24  and duties as may hereafter be delegated to or imposed upon it from time
   25  to time by the action of the legislature of either state concurred in by
   26  the legislature of the other.
   27    S 405. Pier superintendents and hiring agents.   1. On  or  after  the
   28  first day of December, nineteen hundred fifty-three, no person shall act
   29  as  a  pier  superintendent  or as a hiring agent within the port of New
   30  York district without  first  having  obtained  from  the  commission  a
   31  license  to act as such pier superintendent or hiring agent, as the case
   32  may be, and no person shall employ or engage another person to act as  a
   33  pier superintendent or hiring agent who is not so licensed.
   34    2.  A license to act as a pier superintendent or hiring agent shall be
   35  issued only upon the written application,  under  oath,  of  the  person
   36  proposing  to employ or engage another person to act as such pier super-
   37  intendent or hiring agent, verified by the prospective  licensee  as  to
   38  the matters concerning him, and shall state the following:
   39    (a) The full name and business address of the applicant;
   40    (b)  The  full  name,  residence, business address (if any), place and
   41  date of birth and social security number of the prospective licensee;
   42    (c) The present and previous occupations of the prospective  licensee,
   43  including  the places where he was employed and the names of his employ-
   44  ers;
   45    (d) Such further facts and evidence as may be required by the  commis-
   46  sion  to ascertain the character, integrity and identity of the prospec-
   47  tive licensee;  and
   48    (e) That if a license is  issued  to  the  prospective  licensee,  the
   49  applicant  will  employ  such  licensee as pier superintendent or hiring
   50  agent, as the case may be.
   51    3. No such license shall be granted
   52    (a) Unless the commission shall  be  satisfied  that  the  prospective
   53  licensee possesses good character and integrity;
   54    (b)  If  the prospective licensee has, without subsequent pardon, been
   55  convicted by a court of the United States, or  any  state  or  territory
   56  thereof,  of  the commission of, or the attempt or conspiracy to commit,
       S. 3353--A                         36
    1  treason, murder, manslaughter or any felony or high misdemeanor  or  any
    2  of  the following misdemeanors or offenses: illegally using, carrying or
    3  possessing a pistol or other  dangerous  weapon;  making  or  possessing
    4  burglar's  instruments;  buying  or  receiving stolen property; unlawful
    5  entry of a building; aiding an escape from prison;  unlawfully  possess-
    6  ing,  possessing  with  intent  to distribute, sale or distribution of a
    7  controlled dangerous substance (controlled substance) or, in New Jersey,
    8  a controlled dangerous substance analog (controlled  substance  analog);
    9  and  violation of this compact. Any such prospective licensee ineligible
   10  for a license by reason of any such conviction may  submit  satisfactory
   11  evidence  to  the  commission  that he has for a period of not less than
   12  five years, measured as hereinafter provided, and  up  to  the  time  of
   13  application,  so  conducted  himself  as  to  warrant  the grant of such
   14  license, in which event the commission may, in its discretion, issue  an
   15  order  removing  such  ineligibility. The aforesaid period of five years
   16  shall be measured either from the date of payment of  any  fine  imposed
   17  upon  such  person or the suspension of sentence or from the date of his
   18  unrevoked release from custody by parole, commutation or termination  of
   19  his sentence;
   20    (c)  If  the  prospective licensee knowingly or wilfully advocates the
   21  desirability of overthrowing or destroying the government of the  United
   22  States  by force or violence or shall be a member of a group which advo-
   23  cates such desirability, knowing the purposes of such group include such
   24  advocacy.
   25    4. When the application shall have  been  examined  and  such  further
   26  inquiry  and  investigation made as the commission shall deem proper and
   27  when the commission shall be satisfied therefrom  that  the  prospective
   28  licensee  possesses  the  qualifications  and requirements prescribed in
   29  this section, the commission shall issue and deliver to the  prospective
   30  licensee a license to act as pier superintendent or hiring agent for the
   31  applicant,  as  the  case  may be, and shall inform the applicant of his
   32  action.  The commission may issue a temporary permit to any  prospective
   33  licensee  for  a  license  under  the provisions of this section pending
   34  final action on an application made for such a license.  Any such permit
   35  shall be valid for a period not in excess of thirty days.
   36    5. No person shall be licensed to act  as  a  pier  superintendent  or
   37  hiring  agent  for  more  than  one employer, except at a single pier or
   38  other  waterfront  terminal,  but  nothing  in  this  section  shall  be
   39  construed  to  limit  in  any  way the number of pier superintendents or
   40  hiring agents any employer may employ.
   41    6. A license granted pursuant to this section shall  continue  through
   42  the duration of the licensee's employment by the employer who shall have
   43  applied for his license.
   44    7.  Any  license  issued  pursuant  to  this section may be revoked or
   45  suspended for such period as the commission deems in the public interest
   46  or the licensee thereunder may be reprimanded for any of  the  following
   47  offenses:
   48    (a)  Conviction of a crime or act by the licensee or other cause which
   49  would require or permit his disqualification from  receiving  a  license
   50  upon original application;
   51    (b)  Fraud, deceit or misrepresentation in securing the license, or in
   52  the conduct of the licensed activity;
   53    (c) Violation of any of the provisions of this section;
   54    (d) Conviction of a crime involving unlawfully possessing,  possession
   55  with  intent to distribute, sale or distribution of a controlled danger-
       S. 3353--A                         37
    1  ous substance (controlled substance) or, in  New  Jersey,  a  controlled
    2  dangerous substance analog (controlled substance analog);
    3    (e)  Employing,  hiring  or  procuring any person in violation of this
    4  section or inducing or  otherwise  aiding  or  abetting  any  person  to
    5  violate the terms of this section;
    6    (f)  Paying, giving, causing to be paid or given or offering to pay or
    7  give to any person any  valuable  consideration  to  induce  such  other
    8  person  to violate any provision of this section or to induce any public
    9  officer, agent or employee to fail to perform his duty hereunder;
   10    (g) Consorting with known criminals for an unlawful purpose;
   11    (h) Transfer or surrender of possession of the license to  any  person
   12  either temporarily or permanently without satisfactory explanation;
   13    (i) False impersonation of another licensee under this section;
   14    (j) Receipt or solicitation of anything of value from any person other
   15  than  the  licensee's  employer  as  consideration  for the selection or
   16  retention for employment of any longshoreman;
   17    (k) Coercion of a longshoreman by threat of discrimination or violence
   18  or economic reprisal, to make purchases from or to utilize the  services
   19  of any person;
   20    (l)  Lending  any  money to or borrowing any money from a longshoreman
   21  for which there is a charge of interest or other consideration;  and
   22    (m) Membership in a labor organization which  represents  longshoremen
   23  or  port  watchmen;   but nothing in this subdivision shall be deemed to
   24  prohibit pier superintendents or hiring agents from being represented by
   25  a labor organization or organizations which do not also represent  long-
   26  shoremen  or  port  watchmen.    The  American  Federation of Labor, the
   27  Congress of Industrial Organizations and any other  similar  federation,
   28  congress or other organization of national or international occupational
   29  or  industrial  labor organizations shall not be considered an organiza-
   30  tion which represents longshoremen or port watchmen within  the  meaning
   31  of  this  section  although  one  of  the federated or constituent labor
   32  organizations thereof may represent longshoremen or port watchmen.
   33    S 406. Stevedores.  1. On or after the first day of December, nineteen
   34  hundred fifty-three, no person shall act as a stevedore within the  port
   35  of  New  York  district without having first obtained a license from the
   36  commission, and no person shall employ a stevedore to  perform  services
   37  as  such within the port of New York district unless the stevedore is so
   38  licensed.
   39    2. Any person intending to act as a stevedore within the port  of  New
   40  York  district  shall  file  in  the  office of the commission a written
   41  application for a license to engage in such occupation, duly signed  and
   42  verified as follows:
   43    (a)  If  the  applicant  is a natural person, the application shall be
   44  signed and verified by such person and if the applicant  is  a  partner-
   45  ship,  the  application  shall  be  signed  and verified by each natural
   46  person composing or intending to compose such partnership. The  applica-
   47  tion  shall  state  the  full name, age, residence, business address (if
   48  any), present and previous occupations of each natural person so signing
   49  the same, and any other facts and evidence as may  be  required  by  the
   50  commission  to  ascertain  the character, integrity and identity of each
   51  natural person so signing such application.
   52    (b) If the applicant is a corporation, the application shall be signed
   53  and verified by the president,  secretary  and  treasurer  thereof,  and
   54  shall  specify  the  name  of the corporation, the date and place of its
   55  incorporation, the location of its  principal  place  of  business,  the
   56  names and addresses of, and the amount of the stock held by stockholders
       S. 3353--A                         38
    1  owning  5 per cent or more of any of the stock thereof, and of all offi-
    2  cers (including all members of the board of directors).    The  require-
    3  ments of paragraph (a) of this subdivision as to a natural person who is
    4  a  member of a partnership, and such requirements as may be specified in
    5  rules and regulations promulgated by the commission, shall apply to each
    6  such officer or stockholder and their successors in office  or  interest
    7  as the case may be.
    8    (c)  In the event of the death, resignation or removal of any officer,
    9  and in the event of any change in the list of stockholders who shall own
   10  five per cent or more of the stock of the corporation, the secretary  of
   11  such  corporation shall forthwith give notice of that fact in writing to
   12  the commission, certified by said secretary.
   13    3. No such license shall be granted
   14    (a) If any person whose signature or name appears in  the  application
   15  is  not  the  real party in interest required by subdivision two of this
   16  section to sign or to be identified in the application or if the  person
   17  so  signing or named in the application is an undisclosed agent or trus-
   18  tee for any such real party in interest;
   19    (b) Unless the commission shall be satisfied that  the  applicant  and
   20  all  members,  officers  and stockholders required by subdivision two of
   21  this section to sign or be identified in  the  application  for  license
   22  possess good character and integrity;
   23    (c)  Unless  the  applicant is either a natural person, partnership or
   24  corporation;
   25    (d) Unless the applicant shall be a party to a contract then in  force
   26  or which will take effect upon the issuance of a license, with a carrier
   27  of  freight  by  water for the loading and unloading by the applicant of
   28  one or more vessels of such carrier at a pier within  the  port  of  New
   29  York district;
   30    (e) If the applicant or any member, officer or stockholder required by
   31  subdivision two of this section to sign or be identified in the applica-
   32  tion  for  license  has,  without subsequent pardon, been convicted by a
   33  court of the United States or any state  or  territory  thereof  of  the
   34  commission  of, or the attempt or conspiracy to commit, treason, murder,
   35  manslaughter or any felony or high misdemeanor or any of  the  misdemea-
   36  nors or offenses described in paragraph (b) of subdivision three of this
   37  section.  Any  applicant  ineligible for a license by reason of any such
   38  conviction may submit satisfactory evidence to the commission  that  the
   39  person  whose conviction was the basis of ineligibility has for a period
   40  of not less than five years, measured as hereinafter provided and up  to
   41  the time of application, so conducted himself as to warrant the grant of
   42  such license, in which event the commission may, in its discretion issue
   43  an order removing such ineligibility. The aforesaid period of five years
   44  shall  be  measured  either from the date of payment of any fine imposed
   45  upon such person or the suspension of sentence or from the date  of  his
   46  unrevoked  release from custody by parole, commutation or termination of
   47  his sentence;
   48    (f) If, on or after July  first,  nineteen  hundred  fifty-three,  the
   49  applicant  has paid, given, caused to have been paid or given or offered
   50  to pay or give to any officer or employee of any carrier of  freight  by
   51  water  any valuable consideration for an improper or unlawful purpose or
   52  to induce such person to procure the employment of the applicant by such
   53  carrier for the performance of stevedoring services;
   54    (g) If, on or after July  first,  nineteen  hundred  fifty-three,  the
   55  applicant  has paid, given, caused to be paid or given or offered to pay
   56  or give to any officer or representative of  a  labor  organization  any
       S. 3353--A                         39
    1  valuable  consideration for an improper or unlawful purpose or to induce
    2  such officer or representative to  subordinate  the  interests  of  such
    3  labor  organization  or  its members in the management of the affairs of
    4  such labor organization to the interests of the applicant.
    5    4.  When  the  application  shall  have been examined and such further
    6  inquiry and investigation made as the commission shall deem  proper  and
    7  when  the  commission  shall  be  satisfied therefrom that the applicant
    8  possesses  the  qualifications  and  requirements  prescribed  in   this
    9  section, the commission shall issue and deliver a license to such appli-
   10  cant.   The commission may issue a temporary permit to any applicant for
   11  a license under the provisions of this article pending final  action  on
   12  an  application made for such a license.  Any such permit shall be valid
   13  for a period not in excess of thirty days.
   14    5. A license granted pursuant to this section shall be for a  term  of
   15  two  years  or fraction of such two year period, and shall expire on the
   16  first day of December of each odd numbered year. In  the  event  of  the
   17  death  of  the  licensee,  if  a  natural  person, or its termination or
   18  dissolution by reason of the death of a partner, if a partnership, or if
   19  the licensee shall cease to be a party  to  any  contract  of  the  type
   20  required  by  paragraph  (d)  of  subdivision three of this section, the
   21  license shall terminate ninety days after such event or upon its expira-
   22  tion date, whichever shall be sooner. A license may be  renewed  by  the
   23  commission  for  successive  two  year  periods upon fulfilling the same
   24  requirements as are set forth in this section for an  original  applica-
   25  tion.
   26    6.  Any  license  issued  pursuant  to  this section may be revoked or
   27  suspended for such period as the commission deems in the public interest
   28  or the licensee thereunder may be reprimanded for any of  the  following
   29  offenses on the part of the licensee or of any person required by subdi-
   30  vision  two  of  this  section  to  sign or be identified in an original
   31  application for a license:
   32    (a) Conviction of a crime or other cause which would permit or require
   33  disqualification of the licensee from receiving a license upon  original
   34  application;
   35    (b)  Fraud,  deceit or misrepresentation in securing the license or in
   36  the conduct of the licensed activity;
   37    (c) Failure by the licensee to maintain a complete set  of  books  and
   38  records  containing  a  true  and  accurate  account  of  the licensee's
   39  receipts and disbursements arising out of his activities within the port
   40  of New York district;
   41    (d) Failure to keep said books and records available  during  business
   42  hours for inspection by the commission and its duly designated represen-
   43  tatives  until  the  expiration of the fifth calendar year following the
   44  calendar year during which occurred the transactions recorded therein;
   45    (e) Any other offense described in paragraphs (c) to (i) inclusive, of
   46  subdivision seven of section four hundred five of this part.
   47    S 407.  Prohibition of public loading.  1. The states of New York  and
   48  New  Jersey  hereby  find  and declare that the transfer of cargo to and
   49  from trucks at piers and other waterfront terminals in the port  of  New
   50  York  district  has  resulted in vicious and notorious abuses by persons
   51  commonly known as "public loaders." There is  compelling  evidence  that
   52  such  persons  have  exacted the payment of exorbitant charges for their
   53  services, real and alleged, and otherwise extorted  large  sums  through
   54  force,  threats  of  violence, unauthorized labor disturbances and other
   55  coercive activities, and that they had been responsible for and  abetted
   56  criminal  activities  on  the  waterfront.    These practices which have
       S. 3353--A                         40
    1  developed in the port of New York district impose unjustified  costs  on
    2  the  handling of goods in and through the port of New York district, and
    3  increase the prices paid by consumers for food, fuel  and  other  neces-
    4  saries,  and  impair  the  economic  stability  of  the port of New York
    5  district.  It is the sense of the legislatures of the states of New York
    6  and New Jersey that these practices and conditions must be eliminated to
    7  prevent grave injury to the welfare of the people.
    8    2. It is hereby declared to be against the public policy of the states
    9  of New York and New Jersey and to be unlawful for any person to load  or
   10  unload waterborne freight onto or from vehicles other than railroad cars
   11  at  piers  or  at other waterfront terminals within the port of New York
   12  district, for a fee or other  compensation,  other  than  the  following
   13  persons and their employees:
   14    (a)  Carriers  of  freight  by water, but only at piers at which their
   15  vessels are berthed;
   16    (b) Other carriers of freight (including but not limited to  railroads
   17  and  truckers), but only in connection with freight transported or to be
   18  transported by such carriers;
   19    (c) Operators of piers or other waterfront terminals (including  rail-
   20  roads,  truck  terminal  operators, warehousemen and other persons), but
   21  only at piers or other waterfront terminals operated by them;
   22    (d) Shippers or consignees of freight, but  only  in  connection  with
   23  freight shipped by such shipper or consigned to such consignee;
   24    (e)  Stevedores licensed under section four hundred seven of this part
   25  whether or not such waterborne freight has been or is to be  transported
   26  by  a carrier of freight by water with which such stevedore shall have a
   27  contract of the type prescribed by paragraph (d)  of  subdivision  3  of
   28  section 406 of this part.
   29    Nothing herein contained shall be deemed to permit any such loading or
   30  unloading  of  any waterborne freight at any place by any such person by
   31  means of any independent contractor, or any other agent  other  than  an
   32  employee,  unless  such  independent contractor is a person permitted by
   33  this section to load or unload such freight at such  place  in  his  own
   34  right.
   35    S   408.   Longshoremen.   1.   The   commission   shall  establish  a
   36  longshoremen's register in which shall be included all  qualified  long-
   37  shoremen  eligible,  as  hereinafter provided, for employment as such in
   38  the port of New York district. On or after the first  day  of  December,
   39  nineteen  hundred  fifty-three,  no  person  shall act as a longshoreman
   40  within the port of New York district unless at the time he  is  included
   41  in  the  longshoremen's  register, and no person shall employ another to
   42  work as a longshoreman within the port of New York  district  unless  at
   43  the time such other person is included in the longshoremen's register.
   44    2.  Any  person  applying for inclusion in the longshoremen's register
   45  shall file at such place and in such  manner  as  the  commission  shall
   46  designate  a  written  statement,  signed  and  verified by such person,
   47  setting forth his full name, residence address, social security  number,
   48  and  such  further facts and evidence as the commission may prescribe to
   49  establish the identity of such person and his criminal record, if any.
   50    3. The commission may in its discretion deny application for inclusion
   51  in the longshoremen's register by a person
   52    (a) Who has been convicted by a court of  the  United  States  or  any
   53  state  or  territory  thereof,  without  subsequent  pardon, of treason,
   54  murder, manslaughter or of any felony or high misdemeanor or of  any  of
   55  the  misdemeanors  or offenses described in paragraph (b) of subdivision
       S. 3353--A                         41
    1  three of section 405 of this part or of attempt or conspiracy to  commit
    2  any of such crimes;
    3    (b)  Who  knowingly  or  willingly advocates the desirability of over-
    4  throwing or destroying the government of the United States by  force  or
    5  violence or who shall be a member of a group which advocates such desir-
    6  ability knowing the purposes of such group include such advocacy;
    7    (c)  Whose  presence at the piers or other waterfront terminals in the
    8  port of New York district is found by the commission on the basis of the
    9  facts and evidence before it, to constitute a danger to the public peace
   10  or safety.
   11    4. Unless the commission shall determine to exclude the applicant from
   12  the longshoremen's register on a ground set forth in  subdivision  three
   13  of  this  section  it  shall  include  such person in the longshoremen's
   14  register. The commission may permit temporary registration of any appli-
   15  cant under the provisions of this section pending  final  action  on  an
   16  application made for such registration.  Any such temporary registration
   17  shall be valid for a period not in excess of thirty days.
   18    5.  The  commission  shall  have  power  to reprimand any longshoreman
   19  registered under this section or to remove him from  the  longshoremen's
   20  register  for such period of time as it deems in the public interest for
   21  any of any following offenses:
   22    (a) Conviction of a crime or other cause which would permit  disquali-
   23  fication  of  such  person from inclusion in the longshoremen's register
   24  upon original application;
   25    (b) Fraud, deceit or misrepresentation in securing  inclusion  in  the
   26  longshoremen's register;
   27    (c) Transfer or surrender of possession to any person either temporar-
   28  ily  or  permanently of any card or other means of identification issued
   29  by the commission as evidence of inclusion in the longshoremen's  regis-
   30  ter, without satisfactory explanation;
   31    (d)  False impersonation of another longshoreman registered under this
   32  article or of another person licensed under this compact;
   33    (e) Wilful commission of or wilful attempt to commit at or on a water-
   34  front terminal or adjacent highway any act of  physical  injury  to  any
   35  other  person  or  of  wilful damage to or misappropriation of any other
   36  person's property, unless justified or excused by law;  and
   37    (f) Any other offense described in subdivisions (c) to  (f)  inclusive
   38  of subdivision seven of section four hundred five of this part.
   39    6.  The  commission  shall have the right to recover possession of any
   40  card or other means of identification issued as evidence of inclusion in
   41  the longshoremen's register in the event that  the  holder  thereof  has
   42  been removed from the longshoremen's register.
   43    7.  Nothing  contained  in this article shall be construed to limit in
   44  any way any rights of labor reserved by section four hundred fifteen  of
   45  this part.
   46    S 409. Regularization of longshoremen's employment. 1. On or after the
   47  first  day  of  December,  nineteen  hundred  fifty-four, the commission
   48  shall, at regular intervals, remove from the longshoremen's register any
   49  person who shall have been registered for at least nine months  and  who
   50  shall  have  failed  during  the preceding six calendar months either to
   51  have worked as a longshoreman in the port of New  York  district  or  to
   52  have  applied for employment as a longshoreman at an employment informa-
   53  tion center established under section four hundred twelve of  this  part
   54  for  such  minimum  number of days as shall have been established by the
   55  commission pursuant to subdivision two of this section.
       S. 3353--A                         42
    1    2. On or before the first day of June, nineteen hundred fifty-four and
    2  on or before each succeeding first day of June or December, the  commis-
    3  sion  shall, for the purposes of subdivision one of this section, estab-
    4  lish for the six-month period beginning on  each  such  date  a  minimum
    5  number of days and the distribution of such days during such period.
    6    3.  In  establishing  any  such  minimum number of days or period, the
    7  commission shall observe the following standards:
    8    (a) To encourage as far  as  practicable  the  regularization  of  the
    9  employment of longshoremen;
   10    (b)  To  bring  the  number of eligible longshoremen more closely into
   11  balance with the demand for longshoremen's services within the  port  of
   12  New  York  district without reducing the number of eligible longshoremen
   13  below that necessary to meet the requirements  of  longshoremen  in  the
   14  port of New York district;
   15    (c)  To eliminate oppressive and evil hiring practices affecting long-
   16  shoremen and waterborne commerce in the port of New York district;
   17    (d) To eliminate unlawful practices  injurious  to  waterfront  labor;
   18  and
   19    (e) To establish hiring practices and conditions which will permit the
   20  termination  of governmental regulation and intervention at the earliest
   21  opportunity.
   22    4. A longshoreman who has been removed from the longshoremen's  regis-
   23  ter  pursuant to this section may seek reinstatement upon fulfilling the
   24  same requirements as for initial inclusion in the longshoremen's  regis-
   25  ter, but not before the expiration of one year from the date of removal,
   26  except  that  immediate  reinstatement shall be made upon proper showing
   27  that the registrant's failure to work or  apply  for  work  the  minimum
   28  number  of  days  above described was caused by the fact that the regis-
   29  trant was engaged in the military service of the United  States  or  was
   30  incapacitated by ill health, physical injury, or other good cause.
   31    5. Notwithstanding any other provision of this section, the commission
   32  shall at any time have the power to register longshoremen on a temporary
   33  basis to meet special or emergency needs.
   34    S  410. Port watchmen. 1. On or after the first day of December, nine-
   35  teen hundred fifty-three, no person shall act as a port watchman  within
   36  the  port  of  New York district without first having obtained a license
   37  from the commission, and no person shall employ a port watchman  who  is
   38  not so licensed.
   39    2. A license to act as a port watchman shall be issued only upon writ-
   40  ten application, duly verified, which shall state the following:
   41    (a)  The  full  name,  residence, business address (if any), place and
   42  date of birth and social security number of the applicant;
   43    (b) The present and previous occupations of the  applicant,  including
   44  the places where he was employed and the names of his employers;
   45    (c) The citizenship of the applicant and, if he is a naturalized citi-
   46  zen of the United States, the court and date of his naturalization;  and
   47    (d)  Such further facts and evidence as may be required by the commis-
   48  sion to ascertain the character, integrity and identity  of  the  appli-
   49  cant.
   50    3. No such license shall be granted
   51    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
   52  possesses good character and integrity;
   53    (b) If the applicant has, without subsequent pardon, been convicted by
   54  a court of the United States or of any state or territory thereof of the
   55  commission of, or the attempt or conspiracy to commit, treason,  murder,
   56  manslaughter  or  any felony or high misdemeanor or any of the misdemea-
       S. 3353--A                         43
    1  nors or offenses described in paragraph  (b)  of  subdivision  three  of
    2  section four hundred five of this part;
    3    (c) Unless the applicant shall meet such reasonable standards of phys-
    4  ical and mental fitness for the discharge of his duties as may from time
    5  to time be established by the commission;
    6    (d) If the applicant shall be a member of any labor organization which
    7  represents  longshoremen  or  pier superintendents or hiring agents; but
    8  nothing in this section shall be deemed to prohibit port  watchmen  from
    9  being  represented by a labor organization or organizations which do not
   10  also represent longshoremen or pier superintendents  or  hiring  agents.
   11  The  American  Federation of Labor, the Congress of Industrial Organiza-
   12  tions and any other similar federation, congress or  other  organization
   13  of  national or international occupational or industrial labor organiza-
   14  tions shall not be considered an  organization  which  represents  long-
   15  shoremen  or pier superintendents or hiring agents within the meaning of
   16  this article although one of the federated or constituent  labor  organ-
   17  izations  thereof  may represent longshoremen or pier superintendents or
   18  hiring agents;
   19    (e) If the applicant knowingly or wilfully advocates the  desirability
   20  of  overthrowing  or  destroying  the government of the United States by
   21  force or violence or shall be a member of a group which  advocates  such
   22  desirability, knowing the purposes of such group include such 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 applicant
   26  possesses the qualifications and requirements prescribed by this section
   27  and regulations issued pursuant thereto, the commission shall issue  and
   28  deliver  a  license to the applicant.  The commission may issue a tempo-
   29  rary permit to any applicant for a license under the provisions of  this
   30  section  pending final action on an application made for such a license.
   31  Any such permit shall be valid for a period  not  in  excess  of  thirty
   32  days.
   33    5.  A  license  granted  pursuant to this section shall continue for a
   34  term of three years.  A license may be renewed  by  the  commission  for
   35  successive  three-year  periods upon fulfilling the same requirements as
   36  are set forth in this section for an original application.
   37    6. Any license issued pursuant to  this  section  may  be  revoked  or
   38  suspended for such period as the commission deems in the public interest
   39  or  the  licensee thereunder may be reprimanded for any of the following
   40  offenses:
   41    (a) Conviction of a crime or other cause which would permit or require
   42  his disqualification from receiving a license upon original application;
   43    (b) Fraud, deceit or misrepresentation in securing the license;  and
   44    (c) Any other offense described in subdivisions (c) to (i), inclusive,
   45  of subdivision seven of section four hundred five of this part.
   46    S 411. Hearings, determinations and review. 1.  The  commission  shall
   47  not  deny  any  application for a license or registration without giving
   48  the applicant or prospective licensee reasonable  prior  notice  and  an
   49  opportunity to be heard.
   50    2.   Any   application   for   a  license  or  for  inclusion  in  the
   51  longshoremen's register, and any license issued  or  registration  made,
   52  may be denied, revoked, cancelled, suspended as the case may be, only in
   53  the manner prescribed in this section.
   54    3.  The  commission  may  on its own initiative or on complaint of any
   55  person, including any public official or agency,  institute  proceedings
   56  to revoke, cancel or suspend any license or registration after a hearing
       S. 3353--A                         44
    1  at which the licensee or registrant and any person making such complaint
    2  shall  be  given  an opportunity to be heard, provided that any order of
    3  the commission revoking, cancelling or suspending any license or  regis-
    4  tration  shall not become effective until fifteen days subsequent to the
    5  serving of notice thereof upon the licensee or registrant unless in  the
    6  opinion of the commission the continuance of the license or registration
    7  for such period would be inimicable to the public peace or safety.  Such
    8  hearings  shall  be  held  in such manner and upon such notice as may be
    9  prescribed by the rules of the commission, but such notice shall  be  of
   10  not less than ten days and shall state the nature of the complaint.
   11    4.  Pending  the determination of such hearing pursuant to subdivision
   12  three of this section the commission may temporarily suspend  a  license
   13  or  registration  if in the opinion of the commission the continuance of
   14  the license or registration for such period is inimicable to the  public
   15  peace or safety.
   16    5.  The  commission, or such member, officer, employee or agent of the
   17  commission as may be designated by  the  commission  for  such  purpose,
   18  shall  have  the  power  to  issue subpoenas to compel the attendance of
   19  witnesses and the giving of testimony or production  of  other  evidence
   20  and to administer oaths in connection with any such hearing. It shall be
   21  the  duty  of the commission or of any such member, officer, employee or
   22  agent of the commission designated by the commission for such purpose to
   23  issue subpoenas at the request of  and  upon  behalf  of  the  licensee,
   24  registrant  or  applicant.  The commission or such person conducting the
   25  hearing shall not be bound by common law or statutory rules of  evidence
   26  or  by  technical  or  formal  rules of procedure in the conduct of such
   27  hearing.
   28    6. Upon the conclusion of the hearing, the commission shall take  such
   29  action upon such findings and determination as it deems proper and shall
   30  execute  an order carrying such findings into effect.  The action in the
   31  case of an application for a license or registration shall be the grant-
   32  ing or denial thereof.  The action in the case of a  licensee  shall  be
   33  revocation  of  the  license or suspension thereof for a fixed period or
   34  reprimand or a dismissal of the charges.  The action in the  case  of  a
   35  registered  longshoreman shall be dismissal of the charges, reprimand or
   36  removal from the longshoremen's register for a fixed  period  or  perma-
   37  nently.
   38    7.  The  action  of  the  commission  in denying any application for a
   39  license or in refusing to  include  any  person  in  the  longshoremen's
   40  register under this compact or in suspending or revoking such license or
   41  removing  any person from the longshoremen's register or in reprimanding
   42  a licensee or registrant shall  be  subject  to  judicial  review  by  a
   43  proceeding  instituted in either state at the instance of the applicant,
   44  licensee or registrant in the manner provided by the law of  such  state
   45  for review of the final decision or action of administrative agencies of
   46  such  state, provided, however, that notwithstanding any other provision
   47  of law the court shall have power to stay for not more than thirty  days
   48  an  order of the commission suspending or revoking a license or removing
   49  a longshoreman from the longshoremen's register.
   50    S 412. Employment information centers. 1. The states of New  York  and
   51  New  Jersey  hereby  find  and  declare that the method of employment of
   52  longshoremen and port watchmen in the port of New York district, common-
   53  ly known as the  "shape-up",  has  resulted  in  vicious  and  notorious
   54  abuses,  of which such employees have been the principal victims.  There
   55  is compelling evidence that the "shape-up" has permitted and  encouraged
   56  extortion  from  employees as the price of securing or retaining employ-
       S. 3353--A                         45
    1  ment and has subjected such employees to threats of violence,  unwilling
    2  joinder  in  unauthorized  labor disturbances and criminal activities on
    3  the waterfront.  The "shape-up" has thus resulted in a loss of fundamen-
    4  tal  rights  and liberties of labor, has impaired the economic stability
    5  of the port of New York district and weakened law  enforcement  therein.
    6  It  is  the  sense of the legislatures of the states of New York and New
    7  Jersey that these practices and conditions must be eliminated to prevent
    8  grave injury to the welfare of waterfront laborers and of the people  at
    9  large  and  that the elimination of the "shape-up" and the establishment
   10  of a system  of  employment  information  centers  are  necessary  to  a
   11  solution of these public problems.
   12    2.  The commission shall establish and maintain one or more employment
   13  information centers in each state within the port of New  York  district
   14  at  such  locations  as it may determine.   No person shall, directly or
   15  indirectly, hire any person for work as a longshoreman or port  watchman
   16  within  the  port  of  New York district, except through such particular
   17  employment information center or centers as may  be  prescribed  by  the
   18  commission.   No person shall accept any employment as a longshoreman or
   19  port watchman within the port of New York district, except through  such
   20  an  employment  information center.  At each such employment information
   21  center the commission shall keep and exhibit the longshoremen's register
   22  and any other records it shall determine to the  end  that  longshoremen
   23  and  port  watchmen  shall  have the maximum information as to available
   24  employment as such at any time within the port of New York district  and
   25  to  the  end  that  employers shall have an adequate opportunity to fill
   26  their requirements of registered longshoremen and port watchmen  at  all
   27  times.
   28    3.  Every employer of longshoremen or port watchmen within the port of
   29  New York district shall furnish such information as may be  required  by
   30  the  rules  and  regulations prescribed by the commission with regard to
   31  the name of each person hired as a longshoreman or  port  watchman,  the
   32  time  and  place  of  hiring, the time, place and hours of work, and the
   33  compensation therefor.
   34    4. All wage payments to longshoremen or port watchmen for work as such
   35  shall be made by check or cash evidenced by a written voucher  receipted
   36  by  the person to whom such cash is paid. The commission may arrange for
   37  the provision of facilities for cashing such checks.
   38    S 413.  Expenses  of  administration.  1.  By  concurrent  legislation
   39  enacted  by  their  respective  legislatures, the two states may provide
   40  from time to time for meeting the commission's expenses.    Until  other
   41  provision shall be made, such expense shall be met as authorized in this
   42  section.
   43    2.  The  commission  shall annually adopt a budget of its expenses for
   44  each year.  Each budget shall be submitted to the governors of  the  two
   45  states  and shall take effect as submitted provided that either governor
   46  may within thirty days disapprove or reduce any item or items,  and  the
   47  budget shall be adjusted accordingly.
   48    3. After taking into account such funds as may be available to it from
   49  reserves,  federal  grants or otherwise, the balance of the commission's
   50  budgeted expenses shall be assessed upon employers of persons registered
   51  or licensed under this compact. Each such  employer  shall  pay  to  the
   52  commission  as  assessment computed upon the gross payroll payments made
   53  by such employer to longshoremen, pier  superintendents,  hiring  agents
   54  and  port  watchmen  for  work or labor performed within the port of New
   55  York district, at a rate, not in excess of two per cent, computed by the
   56  commission in the following manner; the commission shall annually  esti-
       S. 3353--A                         46
    1  mate  the  gross  payroll  payments  to  be made by employers subject to
    2  assessment and shall compute a rate thereon which  will  yield  revenues
    3  sufficient to finance the commission's budget for each year.  Such budg-
    4  et  may  include a reasonable amount for a reserve but such amount shall
    5  not exceed ten per cent of the total of all other items  of  expenditure
    6  contained  therein.  Such reserve shall be used for the stabilization of
    7  annual assessments, the payment of operating deficits and for the repay-
    8  ment of advances made by the two states.
    9    4. The amount required to balance the commission's budget,  in  excess
   10  of  the estimated yield of the maximum assessment, shall be certified by
   11  the commission, with the approval of the respective  governors,  to  the
   12  legislatures  of  the two states, in proportion to the gross annual wage
   13  payments made to longshoremen for work in each state within the port  of
   14  New  York district.   The legislatures shall annually appropriate to the
   15  commission the amount so certified.
   16    5. The commission may provide by regulation  for  the  collection  and
   17  auditing  of  assessments.   Such assessments hereunder shall be payable
   18  pursuant to such provisions for administration, collection and  enforce-
   19  ment  as  the states may provide by concurrent legislation.  In addition
   20  to any other sanction provided by law,  the  commission  may  revoke  or
   21  suspend any license held by any person under this compact, or his privi-
   22  lege of employing persons registered or licensed hereunder, for non-pay-
   23  ment of any assessment when due.
   24    6.  The  assessment hereunder shall be in lieu of any other charge for
   25  the issuance of licenses to  stevedores,  pier  superintendents,  hiring
   26  agents  and pier watchmen or for the registration of longshoremen or the
   27  use of an employment information center.  The commission shall establish
   28  reasonable procedures for the  consideration  of  protests  by  affected
   29  employers  concerning  the  estimates  and  computation  of  the rate of
   30  assessment.
   31    S 414. General violations; prosecutions; penalties.  1. The failure of
   32  any witness, when duly subpoenaed to attend, give testimony  or  produce
   33  other  evidence, whether or not at a hearing, shall be punishable by the
   34  superior court in New Jersey and the supreme court in New  York  in  the
   35  same manner as said failure is punishable by such court in a case there-
   36  in pending.
   37    2.  Any  person who, having been sworn or affirmed as a witness in any
   38  such hearing, shall wilfully give false testimony or who shall  wilfully
   39  make  or  file  any  false or fraudulent report or statement required by
   40  this compact to be made or filed under oath, shall be guilty of a misde-
   41  meanor, punishable by a fine of not more than one  thousand  dollars  or
   42  imprisonment for not more than one year or both.
   43    3.  Any  person  who  violates or attempts or conspires to violate any
   44  other provision of this compact shall be punishable as may  be  provided
   45  by the two states by action of the legislature of either state concurred
   46  in by the legislature of the other.
   47    4.  Any person who interferes with or impedes the orderly registration
   48  of longshoremen pursuant to this compact or who conspires to or attempts
   49  to interfere with or impede such registration shall be punishable as may
   50  be provided by the two states by action of  the  legislature  of  either
   51  state concurred in by the legislature of the other.
   52    5.  Any  person  who  directly  or indirectly inflicts or threatens to
   53  inflict any injury, damage, harm or loss or in any  other  manner  prac-
   54  tices  intimidation  upon  or  against  any person in order to induce or
   55  compel such person or any  other  person  to  refrain  from  registering
   56  pursuant  to  this compact shall be punishable as may be provided by the
       S. 3353--A                         47
    1  two states by action of the legislature of either state concurred in  by
    2  the legislature of the other.
    3    6.  In  any  prosecution under this compact, it shall be sufficient to
    4  prove only a single act (or a single holding out or attempt)  prohibited
    5  by law, without having to prove a general course of conduct, in order to
    6  prove a violation.
    7    S  415.  Collective  bargaining  safeguarded.   1. This compact is not
    8  designed and shall not be construed to  limit  in  any  way  any  rights
    9  granted or derived from any other statute or any rule of law for employ-
   10  ees  to  organize in labor organizations, to bargain collectively and to
   11  act in any other  way  individually,  collectively,  and  through  labor
   12  organizations  or  other representatives of their own choosing.  Without
   13  limiting the generality of the  foregoing,  nothing  contained  in  this
   14  compact shall be construed to limit in any way the right of employees to
   15  strike.
   16    2. This compact is not designed and shall not be construed to limit in
   17  any  way any rights of longshoremen, hiring agents, pier superintendents
   18  or port watchmen or their employers to bargain  collectively  and  agree
   19  upon any method for the selection of such employees by way of seniority,
   20  experience,  regular  gangs  or  otherwise, provided that such employees
   21  shall be licensed or registered hereunder and such longshoremen and port
   22  watchmen shall be hired only through the employment information  centers
   23  established  hereunder  and that all other provisions of this compact be
   24  observed.
   25    S 416. Amendments; construction;  short  title.    1.  Amendments  and
   26  supplements  to  this  compact  to implement the purposes thereof may be
   27  adopted by the action of the legislature of either state concurred in by
   28  the legislature of the other.
   29    2. If any part or provision of this compact or the application thereof
   30  to any person or circumstances be  adjudged  invalid  by  any  court  of
   31  competent jurisdiction, such judgment shall be confined in its operation
   32  to  the  part, provision or application directly involved in the contro-
   33  versy in which such judgment shall have  been  rendered  and  shall  not
   34  affect  or  impair  the validity of the remainder of this compact or the
   35  application thereof to other persons or circumstances and the two states
   36  hereby declare that they would have entered into  this  compact  or  the
   37  remainder  thereof  had  the invalidity of such provision or application
   38  thereof been apparent.
   39    3. In accordance with the ordinary rules for  construction  of  inter-
   40  state  compacts  this  compact shall be liberally construed to eliminate
   41  the evils described therein and to effectuate the purposes thereof.
   42                                   PART II
   43    S 417. Waterfront commission compact.  This compact shall be known and
   44  may be cited as the "Waterfront Commission Compact."
   45    S 418. Expenses of administration.   1. Every person  subject  to  the
   46  payment  of  any assessment under the provisions of subdivision three of
   47  section four hundred thirteen of this article shall file  on  or  before
   48  the  fifteenth  day  of  the first month of each calendar quarter-year a
   49  separate return, together with the payment of the  assessment  due,  for
   50  the  preceding  calendar  quarter-year during which any payroll payments
   51  were made to longshoremen, pier superintendents, hiring agents  or  port
   52  watchmen for work performed as such within the district.  Returns cover-
   53  ing  the amount of assessment payable shall be filed with the commission
   54  on forms to be furnished for such purpose and shall contain  such  data,
       S. 3353--A                         48
    1  information or matter as the commission may require to be included ther-
    2  ein.  The commission may grant a reasonable extension of time for filing
    3  returns,  or  for the payment of assessment, whenever good cause exists.
    4  Every  return  shall  have annexed thereto a certification to the effect
    5  that the statements contained therein are true.
    6    2. Every person subject to the payment of assessment  hereunder  shall
    7  keep  an  accurate record of his employment of longshoremen, pier super-
    8  intendents, hiring agents or port watchmen, which shall show the  amount
    9  of  compensation  paid  and such other information as the commission may
   10  require.  Such records shall be preserved for a period  of  three  years
   11  and  be  open  for  inspection at reasonable times.   The commission may
   12  consent to the destruction of any such records at any  time  after  said
   13  period or may require that they be kept longer, but not in excess of six
   14  years.
   15    3.  (a) The commission shall audit and determine the amount of assess-
   16  ment due from the return filed and such other information as  is  avail-
   17  able  to  it.    Whenever  a  deficiency in payment of the assessment is
   18  determined the commission shall give notice of any such determination to
   19  the person liable  therefor.    Such  determination  shall  finally  and
   20  conclusively  fix  the  amount due, unless the person against whom it is
   21  assessed shall, within thirty days after the giving of  notice  of  such
   22  determination,  apply  in  writing  to  the commission for a hearing, or
   23  unless the commission on its own motion shall reduce the  same.    After
   24  such  hearing,  the  commission shall give notice of its decision to the
   25  person liable therefor.  A determination of the  commission  under  this
   26  section  shall  be  subject  to judicial review, if application for such
   27  review is made within thirty days after the giving  of  notice  of  such
   28  decision.    Any  determination  under this section shall be made within
   29  five years from the time the return was filed and if no return was filed
   30  such determination may be made at any time.
   31    (b) Any notice authorized or required under this section may be  given
   32  by  mailing  the  same to the person for whom it is intended at the last
   33  address given by him to the commission, or in the last return  filed  by
   34  him  with  the  commission under this section, or, if no return has been
   35  filed then to such address as may be obtainable.   The mailing  of  such
   36  notice  shall  be  presumptive  evidence  of  the receipt of same by the
   37  person to whom addressed.   Any period  of  time,  which  is  determined
   38  according  to  the  provision  of this section, for the giving of notice
   39  shall commence to run from the date of mailing of such notice.
   40    4. Whenever any person shall fail to  pay,  within  the  time  limited
   41  herein,  any  assessment  which  he is required to pay to the commission
   42  under the provisions of this section the commission may enforce  payment
   43  of  such  fee  by  civil  action  for the amount of such assessment with
   44  interest and penalties.
   45    5. The employment by a nonresident of a longshoreman,  or  a  licensed
   46  pier  superintendent,  hiring  agent or port watchman in either state or
   47  the designation by a nonresident of a longshoreman, pier superintendent,
   48  hiring agent or port watchman to perform work in  such  state  shall  be
   49  deemed equivalent to an appointment by such nonresident of the secretary
   50  of  state of such state to be his true and lawful attorney upon whom may
   51  be served the process in any action or proceeding  against  him  growing
   52  out  of  any  liability  for  assessments,  penalties or interest, and a
   53  consent that any such process against him which is so served shall be of
   54  the same legal force and validity as if served on him personally  within
   55  such  state  and  within  the territorial jurisdiction of the court from
   56  which the process issues.  Service of process within either state  shall
       S. 3353--A                         49
    1  be  made  by  either  (1)  personally delivering to and leaving with the
    2  secretary of state or a deputy secretary of state of such  state  dupli-
    3  cate  copies  thereof  at  the  office of the department of state in the
    4  capitol city of such state, in which event such secretary of state shall
    5  forthwith  send  by  registered mail one of such copies to the person at
    6  the last address designated by him to the  commission  for  any  purpose
    7  under this section or in the last return filed by him under this section
    8  with  the commission or as shown on the records of the commission, or if
    9  no return has been filed, at  his last known office  address  within  or
   10  without such state, or (2) personally delivering to and leaving with the
   11  secretary  of  state or a deputy secretary of state of such state a copy
   12  thereof at the office of the department of state in the capitol city  of
   13  such  state  and  by delivering a copy thereof to the person, personally
   14  without such state.  Proof of such personal service without  such  state
   15  shall be filed with the clerk of the court in which the process is pend-
   16  ing  within  thirty  days  after  such service and such service shall be
   17  complete ten days after proof thereof is filed.
   18    6. Whenever the commission shall determine that any moneys received as
   19  assessments were paid in error, it may cause the same  to  be  refunded,
   20  provided an application therefor is filed with the commission within two
   21  years from the time the erroneous payment was made.
   22    7.  In  addition to any other powers authorized hereunder, the commis-
   23  sion shall have power to make reasonable rules and regulations to effec-
   24  tuate the purposes of this section.
   25    8. When any person shall wilfully fail to pay any assessment due here-
   26  under he shall be assessed interest at a rate of one per cent per  month
   27  on  the  amount  due  and  unpaid  and penalties of five per cent of the
   28  amount due for each thirty days or  part  thereof  that  the  assessment
   29  remains unpaid.  The commission, may, for good cause shown, abate all or
   30  part of such penalty.
   31    9.  Any person who shall wilfully furnish false or fraudulent informa-
   32  tion or  shall  wilfully  fail  to  furnish  pertinent  information,  as
   33  required,  with respect to the amount of assessment due, shall be guilty
   34  of a misdemeanor, punishable by a fine of not  more  than  one  thousand
   35  dollars, or imprisonment for not more than one year, or both.
   36    10. All funds of the commission shall be deposited with such responsi-
   37  ble  banks  or  trust  companies as may be designated by the commission.
   38  The commission may require that all such deposits be  secured  by  obli-
   39  gations  of the United States or of the states of New York or New Jersey
   40  of a market value equal at all times to the amount of the deposits,  and
   41  all  banks  and trust companies are authorized to give such security for
   42  such deposits.  The moneys so deposited shall be withdrawn only by check
   43  signed by both members of the commission or by such  other  officers  or
   44  employees of the commission as it may from time to time designate.
   45    11.  The  accounts, books and records of the commission, including its
   46  receipts, disbursements, contracts, leases, investments  and  any  other
   47  matters relating to its financial standing shall be examined and audited
   48  annually  by independent auditors to be retained for such purpose by the
   49  commission.
   50    S 419. Reimbursement.  The commission shall reimburse each  state  for
   51  any  funds  advanced  to  the  commission exclusive of sums appropriated
   52  pursuant to subdivision four of section four hundred  thirteen  of  this
   53  article.
   54    S  420. Penalties.  Any person who shall violate any of the provisions
   55  of the compact or of section four hundred  eighteen  of  this  part  for
   56  which  no  other penalty is prescribed shall be guilty of a misdemeanor,
       S. 3353--A                         50
    1  punishable by a fine of not more than five hundred dollars or by  impri-
    2  sonment for not more than one year, or both.
    3    S 421. Federal funds.  1. The waterfront commission of New York harbor
    4  is  hereby  designated on its own behalf or as agent of the state of New
    5  York and the state of New Jersey, as provided by the act of the congress
    6  of the United States, effective June  sixth,  nineteen  hundred  thirty-
    7  three,  entitled  "An act to provide for the establishment of a national
    8  employment system and for cooperating with the states in  the  promotion
    9  of  such  system  and for other purposes" as amended, for the purpose of
   10  obtaining such benefits of such act of  congress  as  are  necessary  or
   11  appropriate to the establishment and operation of employment information
   12  centers authorized by section four hundred twelve of this article.
   13    2.  The  commission  shall have all powers necessary to cooperate with
   14  appropriate officers or agencies of either state or the  United  States,
   15  to  take  such  steps,  to  formulate  such  plans,  and to execute such
   16  projects (including but not limited to the establishment  and  operation
   17  of  employment  information  centers) as may be necessary to obtain such
   18  benefits for the operations  of  the  commission  in  accomplishing  the
   19  purposes of this article.
   20    3.  The  officer  or  agency  heretofore designated by each of the two
   21  states pursuant to said act of  June  sixth,  nineteen  hundred  thirty-
   22  three,  as amended, is authorized and empowered, upon the request of the
   23  commission and subject to its direction,  to  exercise  the  powers  and
   24  duties conferred upon the commission by the provisions of this section.
   25    S  422. Supplementary definitions.  As used in the compact established
   26  by part I of this article:
   27    1. "Stevedore" shall also include (a) contractors engaged for  compen-
   28  sation pursuant to a contract or arrangement with the United States, any
   29  state  or territory thereof, or any department, division, board, commis-
   30  sion or authority of one or more of the  foregoing,  in  moving  freight
   31  carried  or  consigned for carriage between any point in the port of New
   32  York district and a point outside said district on  vessels  of  such  a
   33  public  agency  berthed  at  piers,  on  piers at which such vessels are
   34  berthed or at other waterfront terminals, or
   35    (b) contractors (not including  employees)  engaged  for  compensation
   36  pursuant  to  a contract or arrangement with any person to perform labor
   37  or services incidental to the movement of waterborne freight on  vessels
   38  berthed  at piers, on piers or at other waterfront terminals, including,
   39  but not limited to, cargo storage, cargo repairing,  coopering,  general
   40  maintenance,   mechanical  and  miscellaneous  work,  horse  and  cattle
   41  fitting, grain ceiling, and marine carpentry, or
   42    (c) contractors (not including  employees)  engaged  for  compensation
   43  pursuant  to  a contract or arrangement with any other person to perform
   44  labor or services involving, or incidental to, the movement  of  freight
   45  into or out of containers (which have been or which will be carried by a
   46  carrier of freight by water) on vessels berthed at piers, on piers or at
   47  other waterfront terminals.
   48    2.  "Waterborne freight" shall also include freight described in para-
   49  graphs (a) and (c) of subdivision one of this section and in subdivision
   50  ten of this section and ships' stores, baggage and mail  carried  by  or
   51  consigned for carriage by carriers of freight by water.
   52    3.  "Court  of  the United States" shall mean all courts enumerated in
   53  section four hundred fifty-one  of  title  twenty-eight  of  the  United
   54  States  code  and  the  courts-martial of the armed forces of the United
   55  States.
       S. 3353--A                         51
    1    4. "Witness" shall mean any person whose testimony is desired  in  any
    2  investigation, interview or other proceeding conducted by the commission
    3  pursuant to the provisions of this article.
    4    5.  "Checker"  shall  mean a longshoreman who is employed to engage in
    5  direct and immediate checking of waterborne freight or of the  custodial
    6  accounting  therefor  or  in  the  recording  or tabulation of the hours
    7  worked at  piers  or  other  waterfront  terminals  by  natural  persons
    8  employed by carriers of freight by water or stevedores.
    9    6.  "Longshoreman"  shall  also include a natural person, other than a
   10  hiring agent, who is employed for work at a  pier  or  other  waterfront
   11  terminal:
   12    (a)  either  by  a carrier of freight by water or by a stevedore phys-
   13  ically to perform labor or services incidental to the movement of water-
   14  borne freight on vessels berthed at piers, on piers or at  other  water-
   15  front  terminals,  including,  but  not  limited  to,  cargo  repairmen,
   16  coopers, general maintenance men, mechanical and miscellaneous  workers,
   17  horse and cattle fitters, grain ceilers and marine carpenters, or
   18    (b)  by  any person physically to move waterborne freight to or from a
   19  barge, lighter or railroad car for transfer to or from  a  vessel  of  a
   20  carrier  of  freight  by  water  which  is, shall be, or shall have been
   21  berthed at the same pier or other waterfront terminal, or
   22    (c) by any person to perform labor or  services  involving,  or  inci-
   23  dental  to,  the movement of freight at a waterfront terminal as defined
   24  in subdivision ten of this section.
   25    7. "Compact" shall also include any amendments or supplements  to  the
   26  waterfront  commission compact to implement the purposes thereof adopted
   27  by the action of the legislature of either the state of New York or  the
   28  state  of New Jersey concurred in by the legislature of the other and as
   29  established by part I of this article.
   30    8. The term "select any longshoreman for employment" in the definition
   31  of a hiring agent in this act shall include selection of  a  person  for
   32  the commencement or continuation of employment as a longshoreman, or the
   33  denial or termination of employment as a longshoreman.
   34    9. "Hiring agent" shall also include any natural person, who on behalf
   35  of any other person shall select any longshoreman for employment.
   36    10.  "Other  waterfront  terminal"  shall  also include any warehouse,
   37  depot or other terminal (other than a pier), whether enclosed  or  open,
   38  which  is  located in a marine terminal in the port of New York district
   39  and any part of which is used by any person to perform labor or services
   40  involving, or incidental to,  the  movement  of  waterborne  freight  or
   41  freight.
   42    As  used  in  this  section,  "marine  terminal"  means  an area which
   43  includes piers, which is used primarily  for  the  moving,  warehousing,
   44  distributing or packing of waterborne freight or freight to or from such
   45  piers,  and which, inclusive of such piers, is under common ownership or
   46  control;  "freight" means freight which has been, or will be, carried by
   47  or consigned for carriage by  a  carrier  of  freight  by  water;    and
   48  "container"  means any receptacle, box, carton or crate which is specif-
   49  ically designed and constructed so that it may be  repeatedly  used  for
   50  the carriage of freight by a carrier of freight by water.
   51    Whenever,  as a result of legislative amendments to this article or of
   52  a ruling by the commission, registration as a longshoreman  is  required
   53  for  any  person  to  continue  in  his employment, such person shall be
   54  registered as a longshoreman without regard to the provisions of section
   55  four hundred thirty-four of this  part,  provided,  however,  that  such
       S. 3353--A                         52
    1  person  satisfies  all the other requirements of this article for regis-
    2  tration as a longshoreman.
    3    S 423. Additional powers of the commission.  In addition to the powers
    4  and  duties  elsewhere described in this part, the commission shall have
    5  the following powers:
    6    1. To issue temporary permits and permit temporary registrations under
    7  such terms and conditions as the commission may prescribe which shall be
    8  valid for a period to be fixed by the commission not in  excess  of  six
    9  months.
   10    2.  To  require  any  applicant  for  a license or registration or any
   11  prospective licensee to furnish such facts and evidence as  the  commis-
   12  sion  may deem appropriate to enable it to ascertain whether the license
   13  or registration should be granted.
   14    3. In any case in which the commission has the power to revoke, cancel
   15  or suspend any stevedore license the  commission  shall  also  have  the
   16  power  to  impose  as an alternative to such revocation, cancellation or
   17  suspension, a penalty, which the  licensee  may  elect  to  pay  to  the
   18  commission  in  lieu  of the revocation, cancellation or suspension. The
   19  maximum penalty  shall  be  five  thousand  dollars  for  each  separate
   20  offense.  The commission may, for good cause shown, abate all or part of
   21  such penalty.
   22    4. To designate any officer, agent or employee of the commission to be
   23  an  investigator  who  shall be vested with all the powers of a peace or
   24  police officer of the state of New York in that state, and of the  state
   25  of New Jersey in that state.
   26    5. To confer immunity, in the following manner:  In any investigation,
   27  interview  or other proceeding conducted under oath by the commission or
   28  any duly authorized officer, employee or  agent  thereof,  if  a  person
   29  refuses  to  answer  a question or produce evidence of any other kind on
   30  the ground that he may be  incriminated  thereby,  and,  notwithstanding
   31  such  refusal,  an  order  is  made upon twenty-four hours prior written
   32  notice to the appropriate attorney general of the state of New  York  or
   33  the  state  of  New  Jersey, and to the appropriate district attorney or
   34  prosecutor having an official interest therein, by the unanimous vote of
   35  both members of the commission or their designees appointed pursuant  to
   36  the  provisions  of  subdivision  three of section four hundred three of
   37  this article, that such  person  answer  the  question  or  produce  the
   38  evidence,  such  person  shall  comply  with the order.   If such person
   39  complies with the order, and if, but for this subdivision, he would have
   40  been privileged to withhold the answer given or the evidence produced by
   41  him, then immunity shall be conferred upon him, as provided for herein.
   42    "Immunity" as used in this subdivision means that  such  person  shall
   43  not  be  prosecuted  or subjected to any penalty or forfeiture for or on
   44  account of any transaction, matter or thing concerning which, in accord-
   45  ance with the order by the unanimous vote of both members of the commis-
   46  sion or their designees appointed pursuant to the provisions of subdivi-
   47  sion three of section four hundred three of this article, he gave answer
   48  or produced evidence, and that no such answer given or evidence produced
   49  shall be received against him upon any criminal proceeding.  But he  may
   50  nevertheless be prosecuted or subjected to penalty or forfeiture for any
   51  perjury  or contempt committed in answering, or failing to answer, or in
   52  producing or failing to produce evidence, in accordance with the  order,
   53  and  any  such  answer  given  or  evidence produced shall be admissible
   54  against him upon any criminal  proceeding  concerning  such  perjury  or
   55  contempt.
       S. 3353--A                         53
    1    Immunity  shall  not be conferred upon any person except in accordance
    2  with the provisions of this subdivision.  If, after compliance with  the
    3  provisions of this subdivision, a person is ordered to answer a question
    4  or  produce evidence of any other kind and complies with such order, and
    5  it  is  thereafter  determined  that the appropriate attorney general or
    6  district attorney or prosecutor having an official interest therein  was
    7  not  notified,  such failure or neglect shall not deprive such person of
    8  any immunity otherwise properly conferred upon him.
    9    6. To require any applicant for registration as  a  longshoreman,  any
   10  applicant  for  registration as a checker or any applicant for registra-
   11  tion as a telecommunications system controller and  any  person  who  is
   12  sponsored  for  a  license as a pier superintendent or hiring agent, any
   13  person who is an individual owner  of  an  applicant  stevedore  or  any
   14  persons  who  are  individual partners of an applicant stevedore, or any
   15  officers, directors or stockholders owning five percent or more  of  any
   16  of  the stock of an applicant corporate stevedore or any applicant for a
   17  license as a port watchman or any other category of applicant for regis-
   18  tration or licensing by law within the commission's jurisdiction  to  be
   19  fingerprinted by the commission.
   20    7.  To  require  any applicant for registration as a longshoreman, any
   21  applicant for registration as a checker or any applicant  for  registra-
   22  tion  as  a  telecommunications  system controller and any person who is
   23  sponsored for a license as a pier superintendent or  hiring  agent,  any
   24  person  who  is  an  individual  owner  of an applicant stevedore or any
   25  persons who are individual partners of an applicant  stevedore,  or  any
   26  officers,  directors  or stockholders owning five percent or more of any
   27  of the stock of an applicant corporate stevedore or any applicant for  a
   28  license as a port watchman or any other category of applicant for regis-
   29  tration  or  licensing  by  law within the commission's jurisdiction who
   30  has: previously applied and had an application denied  upon  submission;
   31  been  removed from registration; or, had a license suspended, or revoked
   32  and is reapplying for registration or licensing within the  commission's
   33  jurisdiction to be fingerprinted by the commission.
   34    8. To exchange fingerprint data with and receive state criminal histo-
   35  ry record information from the division of criminal justice services, as
   36  defined  in subdivision one of section three thousand thirty-five of the
   37  education law of the state of New York,  and  federal  criminal  history
   38  record  information  from the federal bureau of investigation for use in
   39  making the determinations required by this part.
   40    9. Notwithstanding any other provision of  law  to  the  contrary,  to
   41  require  any  applicant  for  employment  by  the  commission  or person
   42  described in subdivision seven of this section to be  fingerprinted  and
   43  to  exchange  fingerprint  data  with and receive state criminal history
   44  record information from the division of criminal  justice  services,  as
   45  defined  in subdivision one of section three thousand thirty-five of the
   46  education law of the state of New York,  and  federal  criminal  history
   47  information from the federal bureau of investigation for the purposes of
   48  this subdivision and subdivisions six, seven and eight of this section.
   49    S  424. Regularization of longshoremen's employment.  1. Notwithstand-
   50  ing any other provisions of section four hundred nine of  this  article,
   51  the  commission  shall  have the power to remove from the longshoremen's
   52  register any person (including those persons registered as  longshoremen
   53  for  less  than  nine  months) who shall have failed to have worked as a
   54  longshoreman in the port of New York district for such minimum number of
   55  days during a period of time as  shall  have  been  established  by  the
   56  commission.  In  administering  this  section,  the  commission,  in its
       S. 3353--A                         54
    1  discretion, may count applications for employment as a  longshoreman  at
    2  an  employment information center established under section four hundred
    3  twelve of this article as constituting actual work  as  a  longshoreman,
    4  provided,  however,  that  the commission shall count as actual work the
    5  compensation received by any longshoreman  pursuant  to  the  guaranteed
    6  wage provisions of any collective bargaining agreement relating to long-
    7  shoremen. Prior to the commencement of any period of time established by
    8  the  commission pursuant to this section, the commission shall establish
    9  for such period the minimum number of days  of  work  required  and  the
   10  distribution  of  such  days during such period and shall also determine
   11  whether or not application for employment as  a  longshoreman  shall  be
   12  counted  as  constituting  actual work as a longshoreman. The commission
   13  may classify longshoremen according to length of service as a longshore-
   14  man and such other criteria as may be reasonable and necessary to  carry
   15  out the provisions of this part.  The commission shall have the power to
   16  vary  the requirements of this section with respect to their application
   17  to the various classifications of longshoremen.  In  administering  this
   18  section, the commission shall observe the standards set forth in section
   19  four  hundred thirty-four of this part. Nothing in this section shall be
   20  construed to modify, limit or restrict in any  way  any  of  the  rights
   21  protected  by  article  XV  of the compact established by part I of this
   22  article.
   23    S 425. Additional violations.  Any person who, having been duly  sworn
   24  or  affirmed  as  a  witness  in  any  investigation, interview or other
   25  proceeding conducted by the commission pursuant  to  the  provisions  of
   26  this  part,  shall  wilfully  give  false testimony shall be guilty of a
   27  misdemeanor punishable by a fine of not more than one  thousand  dollars
   28  or imprisonment for not more than one year or both.
   29    S  426. Hearings.  1. At hearings conducted by the commission pursuant
   30  to section four hundred eleven of this article, applicants,  prospective
   31  licensees, licensees and registrants shall have the right to be accompa-
   32  nied and represented by counsel.
   33    2.  After  the  conclusion  of a hearing but prior to the making of an
   34  order by the commission,  a  hearing  may,  upon  petition  and  in  the
   35  discretion  of  the hearing officer, be reopened for the presentation of
   36  additional evidence.  Such petition to reopen the hearing shall state in
   37  detail the nature of the additional evidence, together with the  reasons
   38  for  the  failure to submit such evidence prior to the conclusion of the
   39  hearing.  The commission may upon its own  motion  and  upon  reasonable
   40  notice reopen a hearing for the presentation of additional evidence.
   41    Upon petition, after the making of an order of the commission, rehear-
   42  ing may be granted in the discretion of the commission.  Such a petition
   43  for  rehearing shall state in detail the grounds upon which the petition
   44  is based and shall separately set forth  each  error  of  law  and  fact
   45  alleged  to  have  been  made  by  the  commission in its determination,
   46  together with the facts and arguments in support thereof.  Such petition
   47  shall be filed with the commission not  later  than  thirty  days  after
   48  service  of such order, unless the commission for good cause shown shall
   49  otherwise direct.
   50    The commission may upon its own motion grant  a  rehearing  after  the
   51  making of an order.
   52    S  427.  Denial of applications.  In addition to the grounds elsewhere
   53  set forth in this article, the commission may deny an application for  a
   54  license or registration for any of the following:
   55    1. Conviction by a court of the United States or any state or territo-
   56  ry thereof of coercion;
       S. 3353--A                         55
    1    2.  Conviction  by  any  such  court,  after  having  been  previously
    2  convicted by any such court of any crime or of the offenses  hereinafter
    3  set  forth, of a misdemeanor or any of the following offenses:  assault,
    4  malicious injury to property, malicious mischief, unlawful taking  of  a
    5  motor  vehicle,  corruption  of  employees  or  possession of lottery or
    6  number slips;  or
    7    3. Fraud, deceit or misrepresentation in connection with any  applica-
    8  tion  or  petition submitted to, or any interview, hearing or proceeding
    9  conducted by the commission.
   10    4. Violation of any provision  of  this  part  or  commission  of  any
   11  offense thereunder.
   12    5.  Refusal  on the part of any applicant, or prospective licensee, or
   13  of any member, officer or stockholder required  by  subdivision  two  of
   14  section  four hundred six of this article to sign or be identified in an
   15  application for a stevedore license, to answer any material question  or
   16  produce  any material evidence in connection with his application or any
   17  application made on his behalf for a license or registration pursuant to
   18  this part.
   19    6. Association with a person who has been  identified  by  a  federal,
   20  state,  or  local  law enforcement agency as a member or associate of an
   21  organized crime group, a terrorist group, or a career  offender  cartel,
   22  or  who is a career offender, under circumstances where such association
   23  creates a reasonable belief that the participation of the  applicant  in
   24  any  activity required to be licensed under this article would be inimi-
   25  cal to the policies of this article. For the purpose  of  this  section,
   26  (a) a terrorist group shall mean a group associated, affiliated or fund-
   27  ed  in  whole  or  in part by a terrorist organization designated by the
   28  secretary of state in accordance with section 219 of the immigration and
   29  nationality act, as amended from time to time, or any other organization
   30  which assists, funds or engages in acts of terrorism as defined  in  the
   31  laws  of the United States, or of either of the states of New York (such
   32  as subdivision one of section 490.05 of the penal law)  or  New  Jersey;
   33  and  (b) a career offender shall mean a person whose behavior is pursued
   34  in an occupational manner or context for the purpose  of  economic  gain
   35  utilizing  such  methods  as  are deemed criminal violations against the
   36  public policy of the states of New York and New  Jersey,  and  a  career
   37  offender  cartel  shall  mean  a  number  of  career offenders acting in
   38  concert, and may include what is commonly referred to  as  an  organized
   39  crime group.
   40    7. Conviction of a racketeering activity or knowing association with a
   41  person  who  has been convicted of a racketeering activity by a court of
   42  the United States or any state or territory thereof under  circumstances
   43  where  such  association  creates  a  reasonable belief that the partic-
   44  ipation of the applicant in any activity required to be  licensed  under
   45  this part would be inimical to the policies of this part.
   46    S  428.  Revocation of licenses and registrations.  In addition to the
   47  grounds elsewhere set forth in this part, any  license  or  registration
   48  issued  or  made  pursuant  thereto may be revoked or suspended for such
   49  period as the commission deems in the public interest or the licensee or
   50  registrant may be reprimanded, for:
   51    1. Conviction of any crime or offense in relation to  gambling,  book-
   52  making,  pool  selling,  lotteries  or similar crimes or offenses if the
   53  crime or offense was committed at or  on  a  pier  or  other  waterfront
   54  terminal or within five hundred feet thereof;  or
   55    2. Wilful commission of, or wilful attempt to commit at or on a water-
   56  front  terminal  or  adjacent highway, any act of physical injury to any
       S. 3353--A                         56
    1  other person or of wilful damage to or  misappropriation  of  any  other
    2  person's property, unless justified or excused by law;  or
    3    3.  Receipt or solicitation of anything of value from any person other
    4  than a licensee's or registrant's  employer  as  consideration  for  the
    5  selection or retention for employment of such licensee or registrant; or
    6    4. Coercion of a licensee or registrant by threat of discrimination or
    7  violence  or economic reprisal, to make purchases from or to utilize the
    8  services of any person;  or
    9    5. Refusal to answer any material question  or  produce  any  evidence
   10  lawfully  required  to  be  answered  or  produced at any investigation,
   11  interview or other proceeding conducted by the  commission  pursuant  to
   12  the  provisions of this article, or, if such refusal is accompanied by a
   13  valid plea of privilege against self-incrimination, refusal to  obey  an
   14  order  to  answer  such  question  or  produce such evidence made by the
   15  commission pursuant to the provisions of  subdivision  five  of  section
   16  four hundred twenty-three of this part.
   17    6.  Association  with  a  person who has been identified by a federal,
   18  state, or local law enforcement agency as a member or  associate  of  an
   19  organized  crime  group, a terrorist group, or a career offender cartel,
   20  or who is a career offender, under circumstances where such  association
   21  creates  a  reasonable belief that the participation of the applicant in
   22  any activity required to be licensed under this part would  be  inimical
   23  to  the  policies  of  this part. For the purpose of this section, (a) a
   24  terrorist group shall mean a group associated, affiliated or  funded  in
   25  whole or in part by a terrorist organization designated by the secretary
   26  of state in accordance with section 219 of the immigration and national-
   27  ity  act,  as amended from time to time, or any other organization which
   28  assists, funds or engages in acts of terrorism as defined in the laws of
   29  the United States, or of either of the  states  of  New  York  (such  as
   30  subdivision  one  of section 490.05 of the penal law) or New Jersey; and
   31  (b) a career offender shall mean a person whose behavior is  pursued  in
   32  an  occupational  manner  or  context  for  the purpose of economic gain
   33  utilizing such methods as are deemed  criminal  violations  against  the
   34  public  policy  of  the  states of New York and New Jersey, and a career
   35  offender cartel shall mean  a  number  of  career  offenders  acting  in
   36  concert,  and  may  include what is commonly referred to as an organized
   37  crime group.
   38    7. Conviction of a racketeering activity or knowing association with a
   39  person who has been convicted of a racketeering activity by a  court  of
   40  the  United States or any state or territory thereof under circumstances
   41  where such association creates a  reasonable  belief  that  the  partic-
   42  ipation  of  the applicant in any activity required to be licensed under
   43  this article would be inimical to the policies of this article.
   44    S 429. Removal of port watchmen's ineligibility.   Any  port  watchman
   45  ineligible for a license by reason of the provisions of paragraph (b) of
   46  subdivision  three of section four hundred ten of this article may peti-
   47  tion for and the commission may issue an order removing the  ineligibil-
   48  ity  in  the  manner  provided  in paragraph (b) of subdivision three of
   49  section four hundred five of this article.
   50    S 430. Petition for order to remove an ineligibility.  A petition  for
   51  an  order  to remove an ineligibility under paragraph (b) of subdivision
   52  three of section four hundred five, paragraph (e) of  subdivision  three
   53  of  section  four  hundred  six,  paragraph  (b) of subdivision three of
   54  section four hundred five of this article, or paragraph (b) of  subdivi-
   55  sion  three  of section four hundred thirty-two of this part may be made
       S. 3353--A                         57
    1  to the commission before or after the hearing required by  section  four
    2  hundred eleven of this article.
    3    S  431.  Denial of stevedore applications.  In addition to the grounds
    4  elsewhere set forth in this part  the  commission  shall  not  grant  an
    5  application  for a license as stevedore if on or after July first, nine-
    6  teen hundred fifty-six, the applicant has paid, given,  caused  to  have
    7  been paid or given or offered to pay or give to any agent of any carrier
    8  of freight by water any valuable consideration for an improper or unlaw-
    9  ful  purpose  or,  without the knowledge and consent of such carrier, to
   10  induce such agent to procure the employment of  the  applicant  by  such
   11  carrier or its agent for the performance of stevedoring services.
   12    S  432.  Checkers.    1.  The  commission  shall  establish within the
   13  longshoremen's register a list of all qualified  longshoremen  eligible,
   14  as  hereinafter  provided, for employment as checkers in the port of New
   15  York district.  No person shall act as a checker within the port of  New
   16  York  district  unless  at the time he is included in the longshoremen's
   17  register as a checker, and no person shall employ another to work  as  a
   18  checker  within  the  port  of New York district unless at the time such
   19  other person is included in the longshoremen's register as a checker.
   20    2. Any person applying for inclusion in the longshoremen's register as
   21  a checker shall file at any such place and in such manner as the commis-
   22  sion shall designate a written statement, signed and  verified  by  such
   23  person, setting forth the following:
   24    (a) The full name, residence, place and date of birth and social secu-
   25  rity number of the applicant;
   26    (b)  The  present and previous occupations of the applicant, including
   27  the places where he was employed and the names of his employers;
   28    (c) Such further facts and evidence as may be required by the  commis-
   29  sion  to  ascertain  the character, integrity and identity of the appli-
   30  cant.
   31    3. No person shall be included in the  longshoremen's  register  as  a
   32  checker
   33    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
   34  possesses good character and integrity;
   35    (b) If the applicant has, without subsequent pardon, been convicted by
   36  a court of the United States or any state or territory thereof,  of  the
   37  commission  of,  or the attempt or conspiracy to commit treason, murder,
   38  manslaughter or any felony or high misdemeanor or any of  the  following
   39  misdemeanors  or  offenses:  illegally  using,  carrying or possessing a
   40  pistol or other dangerous weapon; making or possessing burglar's instru-
   41  ments; buying or receiving stolen property; unlawful entry of  a  build-
   42  ing;  aiding  an  escape  from prison; unlawfully possessing, possessing
   43  with intent to distribute, sale or distribution of a controlled  danger-
   44  ous  substance  (controlled  substance)  or, in New Jersey, a controlled
   45  dangerous substance analog (controlled substance analog); petty larceny,
   46  where the evidence shows the property was stolen from a vessel, pier  or
   47  other  waterfront  terminal;  and  violation  of the compact.   Any such
   48  applicant ineligible for inclusion in the longshoremen's register  as  a
   49  checker  by  reason  of  any  such  conviction  may  submit satisfactory
   50  evidence to the commission that he has for a period  of  not  less  than
   51  five  years,  measured  as  hereinafter  provided, and up to the time of
   52  application, so  conducted  himself  as  to  warrant  inclusion  in  the
   53  longshoremen's register as a checker, in which event the commission may,
   54  in its discretion, issue an order removing such ineligibility. The afor-
   55  esaid  period  of  five  years shall be measured either from the date of
   56  payment of any fine imposed  upon  such  person  or  the  suspension  of
       S. 3353--A                         58
    1  sentence  or  from  the  date  of  his unrevoked release from custody by
    2  parole, commutation or termination of his sentence;
    3    (c)  If the applicant knowingly or wilfully advocates the desirability
    4  of overthrowing or destroying the government of  the  United  States  by
    5  force  or  violence or shall be a member of a group which advocates such
    6  desirability, knowing the purposes of such group include such advocacy.
    7    4. When the application shall have  been  examined  and  such  further
    8  inquiry  and  investigation made as the commission shall deem proper and
    9  when the commission shall be  satisfied  therefrom  that  the  applicant
   10  possesses   the  qualifications  and  requirements  prescribed  by  this
   11  section,  the  commission   shall   include   the   applicant   in   the
   12  longshoremen's  register as a checker.  The commission may permit tempo-
   13  rary registration as a checker to any applicant under this section pend-
   14  ing final action on an application made  for  such  registration,  under
   15  such  terms  and conditions as the commission may prescribe, which shall
   16  be valid for a period to be fixed by the commission, not  in  excess  of
   17  six months.
   18    5. The commission shall have power to reprimand any checker registered
   19  under  this section or to remove him from the longshoremen's register as
   20  a checker for such period of time as it deems in the public interest for
   21  any of the following offenses:
   22    (a) Conviction of a crime or other cause which would permit  disquali-
   23  fication of such person from inclusion in the longshoremen's register as
   24  a checker upon original application;
   25    (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
   26  longshoremen's register as a checker or in the conduct of the registered
   27  activity;
   28    (c) Violation of any of the provisions of the compact  established  by
   29  part I of this article;
   30    (d)  Conviction of a crime involving unlawfully possessing, possession
   31  with intent to distribute, sale or distribution of a controlled  danger-
   32  ous  substance  (controlled  substance)  or, in New Jersey, a controlled
   33  dangerous substance analog (controlled substance analog);
   34    (e) Inducing or otherwise aiding or abetting any person to violate the
   35  terms of the compact established by part I of this article;
   36    (f) Paying, giving, causing to be paid or given or offering to pay  or
   37  give  to  any  person  any  valuable  consideration to induce such other
   38  person to violate any provision of the compact or to induce  any  public
   39  officer,  agent  or  employee  to  fail  to  perform  his duty under the
   40  compact;
   41    (g) Consorting with known criminals for an unlawful purpose;
   42    (h) Transfer or surrender of possession to any person either temporar-
   43  ily or permanently of any card or other means of  identification  issued
   44  by  the commission as evidence of inclusion in the longshoremen's regis-
   45  ter without satisfactory explanation;
   46    (i) False impersonation of another longshoreman or of  another  person
   47  licensed under the compact.
   48    6.  The  commission  shall have the right to recover possession of any
   49  card or other means of identification issued as evidence of inclusion in
   50  the longshoremen's register as a checker in the event  that  the  holder
   51  thereof has been removed from the longshoremen's register as a checker.
   52    7.  Nothing  contained  in this section shall be construed to limit in
   53  any way any rights of labor reserved by section  four  hundred  five  of
   54  this article.
   55    S  433.  Supplementary violations.  Any person who, without justifica-
   56  tion or excuse in law, directly or indirectly  intimidates  or  inflicts
       S. 3353--A                         59
    1  any  injury,  damage,  harm,  loss  or economic reprisal upon any person
    2  licensed or registered by  the  commission,  or  any  other  person,  or
    3  attempts,  conspires  or threatens so to do, in order to interfere with,
    4  impede  or  influence such licensed or registered person in the perform-
    5  ance or discharge of his duties or obligations shall  be  punishable  as
    6  provided in section four hundred twenty of this part.
    7    S  434.  Suspension  or  acceptance  of  applications for inclusion in
    8  longshoremen's register; exceptions. 1. The commission  shall  have  the
    9  power  to  make  determinations to suspend the acceptance of application
   10  for inclusion in the longshoremen's register for such periods of time as
   11  the commission may from time to time establish and, after any such peri-
   12  od of suspension, the commission shall have the power to  make  determi-
   13  nations to accept applications for such period of time as the commission
   14  may  establish  or  in  such  number as the commission may determine, or
   15  both. Such determinations to suspend or  accept  applications  shall  be
   16  made  by the commission: (a) on its own initiative or (b) upon the joint
   17  recommendation in writing of stevedores and  other  employers  of  long-
   18  shoremen  in  the port of New York district, acting through their repre-
   19  sentative for the purpose of collective bargaining with a  labor  organ-
   20  ization  representing  such longshoremen in such district and such labor
   21  organization or (c) upon the petition  in  writing  of  a  stevedore  or
   22  another  employer of longshoremen in the port of New York district which
   23  does not have a representative for the purpose of collective  bargaining
   24  with a labor organization representing such longshoremen. The commission
   25  shall  have  the  power to accept or reject such joint recommendation or
   26  petition.
   27    All joint recommendations or petitions filed  for  the  acceptance  of
   28  applications  with  the  commission  for inclusion in the longshoremen's
   29  register shall include:
   30    (a) the number of employees requested;
   31    (b) the category or categories of employees requested;
   32    (c) a detailed statement setting forth  the  reasons  for  said  joint
   33  recommendation or petition;
   34    (d)  in cases where a joint recommendation is made under this section,
   35  the collective bargaining representative of stevedores and other employ-
   36  ers of longshoremen in the port of  New  York  district  and  the  labor
   37  organization representing such longshoremen shall provide the allocation
   38  of  the number of persons to be sponsored by each employer of longshore-
   39  men in the port of New York district; and
   40    (e) any other information requested by the commission.
   41    2. In administering the provisions of  this  section,  the  commission
   42  shall observe the following standards:
   43    (a)  To  encourage  as  far  as  practicable the regularization of the
   44  employment of longshoremen;
   45    (b) To bring the number of eligible longshoremen into balance with the
   46  demand for longshoremen's services within the port of New York  district
   47  without  reducing  the number of eligible longshoremen below that neces-
   48  sary to meet the requirements of longshoremen in the port  of  New  York
   49  district;
   50    (c)  To  encourage  the  mobility and full utilization of the existing
   51  work force of longshoremen;
   52    (d) To protect the job security of the existing work  force  of  long-
   53  shoremen by considering the wages and employment benefits of prospective
   54  registrants;
   55    (e)  To  eliminate  oppressive  and evil hiring practices injurious to
   56  waterfront labor and  waterborne  commerce  in  the  port  of  New  York
       S. 3353--A                         60
    1  district,  including,  but  not  limited  to,  those oppressive and evil
    2  hiring practices that may result from either a surplus  or  shortage  of
    3  waterfront labor;
    4    (f)  To consider the effect of technological change and automation and
    5  such other economic data and facts as are relevant to a proper  determi-
    6  nation;
    7    (g) To protect the public interest of the port of New York district.
    8    In observing the foregoing standards and before determining to suspend
    9  or accept applications for inclusion in the longshoremen's register, the
   10  commission  shall  consult with and consider the views of, including any
   11  statistical data or other factual information concerning the size of the
   12  longshoremen's register submitted by,  carriers  of  freight  by  water,
   13  stevedores,  waterfront  terminal owners and operators, any labor organ-
   14  ization representing employees registered by  the  commission,  and  any
   15  other  person  whose  interests  may  be  affected  by  the  size of the
   16  longshoremen's register.
   17    Any joint  recommendation  or  petition  granted  hereunder  shall  be
   18  subject to such terms and conditions as the commission may prescribe.
   19    3.  Any  determination  by  the commission pursuant to this section to
   20  suspend or accept  applications  for  inclusion  in  the  longshoremen's
   21  register  shall  be made upon a record, shall not become effective until
   22  five days after notice thereof to the  collective  bargaining  represen-
   23  tative  of stevedores and other employers of longshoremen in the port of
   24  New York district and to the labor organization representing such  long-
   25  shoremen  and/or  the  petitioning  stevedore or other employer of long-
   26  shoremen in the port of New York district and shall be subject to  judi-
   27  cial  review for being arbitrary, capricious, and an abuse of discretion
   28  in a proceeding jointly instituted by such representative and such labor
   29  organization and/or by the petitioning stevedore or  other  employer  of
   30  longshoremen  in  the  port  of  New York district. Such judicial review
   31  proceeding may be instituted in either state in the manner  provided  by
   32  the  law  of  such  state  for review of the final decision or action of
   33  administrative agencies of such  state,  provided,  however,  that  such
   34  proceeding  shall  be  decided directly by the appellate division as the
   35  court of first instance (to which the proceeding shall be transferred by
   36  order of transfer by the supreme court in the state of New  York  or  in
   37  the state of New Jersey by notice of appeal from the commission's deter-
   38  mination)  and provided further that notwithstanding any other provision
   39  of law in either state no court shall have power  to  stay  the  commis-
   40  sion's  determination  prior  to  final  judicial decision for more than
   41  fifteen days. In the event that the court enters a final  order  setting
   42  aside  the  determination  by  the commission to accept applications for
   43  inclusion in the longshoremen's register, the registration of any  long-
   44  shoremen  included  in  the  longshoremen's register as a result of such
   45  determination by the commission shall be cancelled.
   46    This section shall apply, notwithstanding any other provision of  this
   47  article,  provided  however,  such section shall not in any way limit or
   48  restrict the provisions of subdivision five of section four hundred nine
   49  of this article empowering the commission to register longshoremen on  a
   50  temporary  basis to meet special or emergency needs or the provisions of
   51  subdivision four of section four hundred nine of this  article  relating
   52  to   the   immediate   reinstatement   of   persons   removed  from  the
   53  longshoremen's register pursuant to section four hundred  nine  of  this
   54  article.  Nothing in this section shall be construed to modify, limit or
   55  restrict  in any way any of the rights protected by section four hundred
   56  fifteen of this article.
       S. 3353--A                         61
    1    4. Upon the granting of any joint  recommendation  or  petition  under
    2  this  section  for  the  acceptance of applications for inclusion in the
    3  longshoremen's register, the commission shall accept  applications  upon
    4  written  sponsorship  from the prospective employer of longshoremen. The
    5  sponsoring  employer shall furnish the commission with the name, address
    6  and such other identifying or category information as the commission may
    7  prescribe for any person so sponsored.  The  sponsoring  employer  shall
    8  certify  that  the  selection  of the persons so sponsored was made in a
    9  fair and non-discriminatory basis in accordance with the requirements of
   10  the laws of the United States and the states of New York and New  Jersey
   11  dealing with equal employment opportunities.
   12    Notwithstanding  any of the foregoing, where the commission determines
   13  to accept applications for inclusion in the longshoremen's  register  on
   14  its own initiative, such acceptance shall be accomplished in such manner
   15  deemed appropriate by the commission.
   16    5. Notwithstanding any other provision of this article, the commission
   17  may  include  in the longshoremen's register under such terms and condi-
   18  tions as the commission may prescribe:
   19    (a) a person issued registration on a temporary basis to meet  special
   20  or emergency needs who is still so registered by the commission;
   21    (b)  a  person defined as a longshoreman in subdivision six of section
   22  four hundred twenty-two of this part who  is  employed  by  a  stevedore
   23  defined  in  paragraph  (b)  or  (c)  of subdivision one of section four
   24  hundred twenty-two of this part and whose employment is not  subject  to
   25  the  guaranteed  annual  income  provisions of any collective bargaining
   26  agreement relating to longshoremen;
   27    (c) no more than twenty persons issued registration limited to  acting
   28  as  scalemen  pursuant  to  the provisions of chapter 953 of the laws of
   29  1969 and chapter 64 of the laws of 1982 who are still so  registered  by
   30  the  commission and who are no longer employed as scalemen on the effec-
   31  tive date of this subdivision;
   32    (d) a person issued registration on a temporary basis as a checker  to
   33  meet  special or emergency needs who applied for such registration prior
   34  to January 15, 1986 and who is still so registered by the commission;
   35    (e) a person issued registration on a temporary basis as a checker  to
   36  meet  special or emergency needs in accordance with a waterfront commis-
   37  sion resolution of September 4, 1996 and who is still so  registered  by
   38  the commission;
   39    (f)  a  person issued registration on a temporary basis as a container
   40  equipment operator to meet special or emergency needs in accordance with
   41  a waterfront commission resolution of September 4, 1996 and who is still
   42  so registered by the commission; and
   43    (g) a person issued registration on a temporary basis as a  longshore-
   44  man  to  meet special or emergency needs in accordance with a waterfront
   45  commission resolution of September 4, 1996 and who is  still  so  regis-
   46  tered by the commission.
   47    6.  The  commission  may include in the longshoremen's register, under
   48  such terms and conditions  as  the  commission  may  prescribe,  persons
   49  issued  registration on a temporary basis as a longshoreman or a checker
   50  to meet special or emergency needs and who are still  so  registered  by
   51  the commission upon the enactment of this section.
   52    S 435. Temporary suspension of permits, licenses and registrations. 1.
   53  The commission may temporarily suspend a temporary permit or a permanent
   54  license  or  a  temporary  or  permanent  registration  pursuant  to the
   55  provisions of subdivision four of section four hundred  eleven  of  this
   56  article  until  further  order of the commission or final disposition of
       S. 3353--A                         62
    1  the underlying case, only where the permittee,  licensee  or  registrant
    2  has  been  indicted  for,  or  otherwise  charged with, a crime which is
    3  equivalent to a felony in the state of New York or to  a  crime  of  the
    4  third,  second  or first degree in the state of New Jersey or only where
    5  the permittee or licensee is a port  watchman  who  is  charged  by  the
    6  commission  pursuant to section four hundred eleven of this article with
    7  misappropriating any other person's property at or on a  pier  or  other
    8  waterfront terminal.
    9    2.  In  the  case  of a permittee, licensee or registrant who has been
   10  indicted for, or otherwise charged with, a crime, the temporary  suspen-
   11  sion shall terminate immediately upon acquittal or upon dismissal of the
   12  criminal charge. A person whose permit, license or registration has been
   13  temporarily  suspended  may,  at  any  time,  demand that the commission
   14  conduct a hearing as provided for in section four hundred eleven of this
   15  article.   Within sixty  days  of  such  demand,  the  commission  shall
   16  commence  the hearing and, within thirty days of receipt of the adminis-
   17  trative judge's report and recommendation, the commission shall render a
   18  final determination thereon; provided, however, that these time require-
   19  ments, shall not apply for any period of delay caused  or  requested  by
   20  the permittee, licensee or registrant. Upon failure of the commission to
   21  commence  a  hearing  or  render  a determination within the time limits
   22  prescribed herein, the temporary suspension of the  licensee  or  regis-
   23  trant  shall  immediately terminate. Notwithstanding any other provision
   24  of this subdivision, if a federal, state, or local law enforcement agen-
   25  cy or prosecutor's office shall request the suspension or  deferment  of
   26  any  hearing  on the ground that such a hearing would obstruct or preju-
   27  dice  an  investigation  or  prosecution,  the  commission  may  in  its
   28  discretion, postpone or defer such hearing for a time certain or indefi-
   29  nitely.  Any  action  by  the  commission to postpone a hearing shall be
   30  subject to immediate judicial review as provided in subdivision seven of
   31  section four hundred eleven of this article.
   32    3. The commission may in addition,  within  its  discretion,  bar  any
   33  permittee, licensee or registrant whose license or registration has been
   34  suspended pursuant to the provisions of subdivision one of this section,
   35  from  any  employment by a licensed stevedore or a carrier of freight by
   36  water during the period of such suspension, if the  alleged  crime  that
   37  forms  the  basis of such suspension involves the possession with intent
   38  to distribute, sale, or distribution of a controlled dangerous substance
   39  (controlled substance) or, in New Jersey, controlled dangerous substance
   40  analog (controlled substance analog), racketeering or theft from a  pier
   41  or waterfront terminal.
   42    S  436.  Continuance of port watchmen's licenses.  Notwithstanding any
   43  provision of subdivision five of section four hundred ten of this  arti-
   44  cle,  a license to act as a port watchman shall continue and need not be
   45  renewed, provided the licensee shall, as required by the commission:
   46    1. Submit to a medical examination and meet the  physical  and  mental
   47  fitness  standards established by the commission pursuant to subdivision
   48  three of section four hundred ten of this article;
   49    2. Complete a refresher course of training;  and
   50    3. Submit supplementary personal history information.
   51    S 437. Regularization of port watchmen's employment.   The  commission
   52  shall, at regular intervals, cancel the license or temporary permit of a
   53  port  watchman  who shall have failed during the preceding twelve months
   54  to have worked as a port watchman in the port of  New  York  district  a
   55  minimum  number  of  hours as shall have been established by the commis-
   56  sion, except that immediate restoration of  such  license  or  temporary
       S. 3353--A                         63
    1  permit shall be made upon proper showing that the failure to so work was
    2  caused  by  the  fact  that the licensee or permittee was engaged in the
    3  military service of the  United  States  or  was  incapacitated  by  ill
    4  health, physical injury or other good cause.
    5    S 438. Duration of stevedore's license.  A stevedore's license granted
    6  pursuant to section four hundred six of this article shall be for a term
    7  of  five years or fraction of such five year period, and shall expire on
    8  the first day of December. In the event of the death of the licensee, if
    9  a natural person, or its termination or dissolution by reason of a death
   10  of a partner, if a partnership, or if the licensee shall cease to  be  a
   11  party  to any contract of the type required by paragraph (d) of subdivi-
   12  sion three of section four hundred six  of  this  article,  the  license
   13  shall  terminate  ninety  days  after  such event or upon its expiration
   14  date, whichever shall be sooner. A license may be renewed by the commis-
   15  sion for successive five year periods upon fulfilling the same  require-
   16  ments  as  are set forth in section four hundred six of this article for
   17  an original application for a stevedore's license.
   18    S 439. Implementation of telecommunications hiring  system  for  long-
   19  shoremen  and  checkers  and  registration  of telecommunications system
   20  controller.   1. The commission may  designate  one  of  the  employment
   21  information  centers  it  is  authorized to establish and maintain under
   22  section four hundred twelve of this article for the implementation of  a
   23  telecommunications hiring system through which longshoremen and checkers
   24  may  be  hired  and accept employment without any personal appearance at
   25  said center. Any such telecommunications hiring system shall incorporate
   26  hiring and seniority agreements between the  employers  of  longshoremen
   27  and  checkers  and  the labor organization representing longshoremen and
   28  checkers in the port of New York district, provided said agreements  are
   29  not in conflict with the provisions of this part.
   30    2. The commission shall permit employees of the association represent-
   31  ing employers of longshoremen and checkers and of the labor organization
   32  representing longshoremen and checkers in the port of New York district,
   33  or  of  a  joint  board  of  such association and labor organization, to
   34  participate in the operation of said telecommunications  hiring  system,
   35  provided  that  any  such  employee is registered by the commission as a
   36  "telecommunications  system   controller"   in   accordance   with   the
   37  provisions, standards and grounds set forth in this part with respect to
   38  the  registration  of  checkers.  No person shall act as a "telecommuni-
   39  cations system controller" unless he or  she  is  so  registered.    Any
   40  application  for  such  registration and any registration made or issued
   41  may be denied, revoked, cancelled or suspended, as the case may be, only
   42  in the manner prescribed in section four hundred eleven of this article.
   43  Any and all such participation in the  operation  of  said  telecommuni-
   44  cations hiring system shall be monitored by the commission.
   45    3.  Any  and  all  records,  documents,  tapes,  discs  and other data
   46  compiled, collected or maintained  by  said  association  of  employers,
   47  labor  organization and joint board of such association and labor organ-
   48  ization pertaining to the  telecommunications  hiring  system  shall  be
   49  available  for  inspection, investigation and duplication by the commis-
   50  sion.
   51                                  PART III
   52    S 440. Commission established for New York state. Unless and until the
   53  provisions of the compact contained in part I of this article shall have
       S. 3353--A                         64
    1  been concurred in by the state of New Jersey, the  consent  of  congress
    2  given thereto, and the commission, provided for therein, established:
    3    1.  The provisions of such compact and sections four hundred eighteen,
    4  four hundred nineteen, four hundred twenty and four  hundred  twenty-one
    5  of  this  article  shall apply to and be in full force and effect within
    6  the state of New York, except  as  limited  by  this  section,  and  any
    7  violation of such compact or section shall be a violation of the laws of
    8  the  state  of  New  York,  provided, however, that (with respect to the
    9  definitions contained in such compact):
   10    (a) "The port of New York district" shall mean only  that  portion  of
   11  the district within the state of New York;
   12    (b)  The  "commission", hereinafter referred to in this section as the
   13  "New York commission", shall mean and consist of the member appointed by
   14  the governor of this state by and with the advice  and  consent  of  the
   15  senate,  and  he shall possess and exercise all the powers and duties of
   16  the commission set forth in part I of this article and any other  powers
   17  and duties conferred herein;
   18    (c) The powers and duties of any other officer or agency of this state
   19  prescribed  by part I of this article or otherwise by this article shall
   20  be effective as if the provisions of the compact were effective as a law
   21  of this state;  and
   22    (d) The New York commission shall not be deemed to be a body corporate
   23  and politic and shall be in the executive department of this state.
   24    2. The New York commission is authorized to cooperate with  a  similar
   25  commission  of  the  state of New Jersey, to exchange information on any
   26  matter pertinent to the purposes of this  article,  and  to  enter  into
   27  reciprocal agreements for the accomplishment of such purposes, including
   28  but not limited to the following objectives:
   29    (a) To provide for the reciprocal recognition of any license issued or
   30  registration made by either commission;
   31    (b)  To give reciprocal effect to any revocation, suspension or repri-
   32  mand with respect to any licensee, and any reprimand or removal  from  a
   33  longshoremen's register;
   34    (c) To provide that any act or omission by a licensee or registrant in
   35  either state which would be a basis for disciplinary action against such
   36  licensee  or registrant if it occurred in the state in which the license
   37  was issued or the person registered shall be the basis for  disciplinary
   38  action in both states;
   39    (d)  To  provide  that  longshoremen  registered  in either state, who
   40  perform work or who apply for work at an employment  information  center
   41  within the other state shall be deemed to have performed work or to have
   42  applied for work in the state in which they are registered.
   43    3. Notwithstanding any other provision of law, the officers, employees
   44  and  agents  of  the  commission  established  by  this  section  may be
   45  appointed or employed without regard to their state of  residence.  Such
   46  commission  may appoint or employ the same person to a similar office or
   47  employment in this state as he holds in a similar commission  or  agency
   48  of the state of New Jersey.
   49    Notwithstanding  any  other provision of this article, for the purpose
   50  of providing for the commission's expenses of administration during  the
   51  remainder  of  the  calendar  year  following the effective date of this
   52  article, and until  June  thirtieth,  nineteen  hundred  fifty-four  the
   53  assessment for such expense shall be at the rate of one and one-half per
   54  cent.  Such  assessment shall be made, collected and enforced in accord-
   55  ance with section four hundred thirteen of this article.
       S. 3353--A                         65
    1    S 441. Prohibition against loitering.   No  person  shall,  without  a
    2  satisfactory  explanation,  loiter  upon  any vessel, dock, wharf, pier,
    3  bulkhead, terminal, warehouse, or other waterfront  facility  or  within
    4  five  hundred  feet  thereof  in  that  portion  of the port of New York
    5  district within the state of New York.
    6    S 442. Prohibition against unions having officers, agents or employees
    7  who have been convicted of certain crimes and offenses.  No person shall
    8  solicit,  collect  or  receive  any  dues, assessments, levies, fines or
    9  contributions, or other charges within the state for or on behalf of any
   10  labor organization which represents  employees  registered  or  licensed
   11  pursuant  to the provisions of this article or which derives its charter
   12  from a labor organization representing  one  hundred  or  more  of  such
   13  registered  or  licensed employees, if any officer, agent or employee of
   14  such labor organization, or of a  welfare  fund  or  trust  administered
   15  partially or entirely by such labor organization or by trustees or other
   16  persons  designated  by such labor organization, has been convicted by a
   17  court of the United States, or any state  or  territory  thereof,  of  a
   18  felony,  any  misdemeanor  involving  moral  turpitude  or  any crime or
   19  offense enumerated in subdivision three  (b)  of  section  four  hundred
   20  thirty-two  of  this  article,  unless he has been subsequently pardoned
   21  therefor by the governor or other appropriate authority of the state  or
   22  jurisdiction  in which such conviction was had or has received a certif-
   23  icate of  good  conduct  from  the  board  of  parole  pursuant  to  the
   24  provisions  of the executive law to remove the disability.  No person so
   25  convicted shall serve as an officer, agent or  employee  of  such  labor
   26  organization,  welfare  fund  or  trust  unless  such person has been so
   27  pardoned or has received a certificate of  good  conduct.    No  person,
   28  including  such  labor organization, welfare fund or  trust, shall know-
   29  ingly permit such convicted person to assume or hold any office, agency,
   30  or employment in violation of this section.
   31    As used in this section, the term "labor organization" shall mean  and
   32  include any organization which exists and is constituted for the purpose
   33  in whole or in part of collective bargaining, or of dealing with employ-
   34  ers  concerning  grievances,  terms  and conditions of employment, or of
   35  other mutual aid or protection;  but it shall not include  a  federation
   36  or  congress  of labor organizations organized on a national or interna-
   37  tional basis even though one of its constituent labor organizations  may
   38  represent persons so registered or licensed.
   39    Any  person who shall violate this section shall be guilty of a misde-
   40  meanor punishable by a fine of not more than  five  hundred  dollars  or
   41  imprisonment for not more than one year or both.
   42    S  443.  Exception  to section four hundred forty-two of this part for
   43  certain employees.  If upon application to the commission by an employee
   44  who has been convicted of a crime or offense specified in  section  four
   45  hundred forty-two of this part the commission, in its discretion, deter-
   46  mines  in  an  order  that  it would not be contrary to the purposes and
   47  objectives of this article for such employee to  work  in  a  particular
   48  employment  for  a  labor organization, welfare fund or trust within the
   49  meaning of section four hundred forty-two of this part,  the  provisions
   50  of  section  four  hundred forty-two of this part shall not apply to the
   51  particular employment of such employee with respect to  such  conviction
   52  or convictions as are specified in the commission's order.  This section
   53  is  applicable  only  to those employees who for wages or salary perform
   54  manual, mechanical, or physical work of a routine or clerical nature  at
   55  the  premises  of the labor organization, welfare fund or trust by which
   56  they are employed.
       S. 3353--A                         66
    1                                   PART IV
    2    S 444. Compact.  The state of New York hereby agrees with the state of
    3  New Jersey, upon the enactment by the state of New Jersey of legislation
    4  having the same effect as this section, to the following compact:
    5    S  445.  Findings  and  declarations.   The states of New York and New
    6  Jersey hereby find and declare that the movement of freight through  the
    7  two  states  is  vital  to  their  economies  and  prosperity; that ever
    8  increasing amounts of such freight are being carried by the air  freight
    9  industry;  that  said air freight industry in the two states constitutes
   10  an inseparable and integral unit of the  commerce  of  the  two  states;
   11  that  criminal  and  racketeer elements have infiltrated the air freight
   12  industry;  that such criminal infiltration is threatening the growth  of
   13  said air freight industry;  that one of the means by which such criminal
   14  and  racketeer elements infiltrate the air freight industry is by posing
   15  as labor relations consultants and that firms handling air  freight  are
   16  often  forced  to  employ  or engage such persons;  that the air freight
   17  industry is suffering an alarming rise in the amount  of  pilferage  and
   18  theft of air freight;  and that it is imperative to the continued growth
   19  and  economic  well-being  of the states of New York and New Jersey that
   20  every possible effective measure be taken to prevent the  pilferage  and
   21  theft  of  air  freight and the criminal infiltration of the air freight
   22  industry.
   23    2. The states of New York and New Jersey hereby find and declare  that
   24  many  of  the evils existing in the air freight industry result not only
   25  from the causes above described but from the lack of regulation  of  the
   26  air  freight  industry in and about the port of New York district;  that
   27  the air freight industry is affected with a  public  interest  requiring
   28  regulation,  just  as the states of New York and New Jersey have hereto-
   29  fore found and declared in respect to the shipping industry;   and  that
   30  such  regulation of the air freight industry shall be deemed an exercise
   31  of the police power of the two states for the protection of  the  public
   32  safety,  welfare, prosperity, health, peace and living conditions of the
   33  people of the states.
   34    S 446. Definitions. As used in this compact:
   35    1. "Commission" shall mean the waterfront and  airport  commission  of
   36  New  York  and  New  Jersey established by section four hundred three of
   37  this article.
   38    2. "Airport" shall mean any area on land, water  or  building  or  any
   39  other  facility  located  within  the  states of New York and New Jersey
   40  (except a military installation of the  United  States  government)  (a)
   41  which  is  located  within one hundred miles of any point in the port of
   42  New York district, (b) which is used, or intended for use, for the land-
   43  ing and take-off of aircraft operated by an air carrier, and any  appur-
   44  tenant  areas  which are used or intended for use, for airport buildings
   45  or other airport facilities or rights of way, together with all  airport
   46  buildings,  equipment, aircraft, and facilities located thereon, and (c)
   47  where the total tonnage of air freight in a  calendar  year  loaded  and
   48  unloaded on and from aircraft exceeds twenty thousand tons.
   49    3.  "Air  carrier" shall mean any person who may be engaged or who may
   50  hold himself out as willing to be engaged, whether as a common  carrier,
   51  as a contract carrier or otherwise, in the carriage of freight by air.
   52    4.  "Air  freight"  shall  mean  freight  (including baggage, aircraft
   53  stores and mail) which is, has been, or will be carried by or  consigned
   54  for carriage by an air carrier.
       S. 3353--A                         67
    1    5.  "Air freight terminal" shall include any warehouse, depot or other
    2  terminal (other than an airport) (a) any part of which is located within
    3  an airport and any part of which is used for the storage of air freight,
    4  or (b) which is operated by an air carrier or a  contractor  of  an  air
    5  carrier and any part of which is used for the storage of air freight and
    6  any part of which is located within the port of New York district.
    7    6.  "Air  freight  terminal operator" shall mean the owner, lessee, or
    8  contractor or such other person (other  than  an  employee)  who  is  in
    9  direct  and  immediate charge and control of an air freight terminal, or
   10  any portion thereof.
   11    7. "Air freight truck carrier" shall mean a contractor (other than  an
   12  employee)  engaged  for  compensation pursuant to a contract or arrange-
   13  ment, directly or indirectly, with an air carrier  or  air  carriers  or
   14  with  an  air  freight  terminal  operator or operators in the moving of
   15  freight to or from an airport or air freight  terminal  by  a  truck  or
   16  other motor vehicle used primarily for the transportation of property.
   17    8.  "Air freight security area" shall mean any area located within the
   18  airport to which the commission  determines  that  limited  ingress  and
   19  egress  is  required  for the protection and security of any air freight
   20  located within the airport.
   21    9. "Airfreightman" shall mean a natural person who is employed
   22    (a) by any person to physically move or to perform services incidental
   23  to the movement of air freight at an airport or in an air freight termi-
   24  nal; or
   25    (b) by an air carrier or an air freight terminal operator  or  an  air
   26  freight truck carrier to transport or to assist in the transportation of
   27  air freight to or from an airport or air freight terminal;  or
   28    (c)  by  any  person to engage in direct and immediate checking of any
   29  air freight located in an airport or in an air freight  terminal  or  of
   30  the custodial accounting therefor.
   31    10.  "Airfreightman  supervisor"  shall  mean  a natural person who is
   32  employed to supervise directly and immediately the  work  of  an  airfr-
   33  eightman at an airport or at an air freight terminal.
   34    11.  "Airfreightman  labor relations consultant" shall mean any person
   35  who, pursuant to any contract or arrangement, advises or  represents  an
   36  air  carrier,  an air freight terminal operator, or an air freight truck
   37  carrier, or an organization of such employers (whether or  not  incorpo-
   38  rated), or a labor organization representing any airfreightmen or airfr-
   39  eightman supervisors, concerning the organization or collective bargain-
   40  ing  activities of airfreightmen or airfreightman supervisors, but shall
   41  not include any person designated by any government official or body  to
   42  so act or any person duly licensed to practice law as an attorney in any
   43  jurisdiction.   As used in this paragraph, the term "labor organization"
   44  shall mean and include any labor  organization  to  which  section  four
   45  hundred fifty-five of this article is applicable.
   46    12.  "Person"  shall mean not only a natural person but also any part-
   47  nership, joint venture, association,  corporation  or  any  other  legal
   48  entity  but  shall not include the United States, any state or territory
   49  thereof or any department, division, board, commission or  authority  of
   50  one  or  more  of the foregoing or any officer or employee thereof while
   51  engaged in the performance of his official duties.
   52    13. "The port of New York district" shall mean the district created by
   53  article II of the compact dated April thirtieth, nineteen hundred  twen-
   54  ty-one,  between  the  states  of New York and New Jersey, authorized by
   55  chapter one hundred fifty-four of the  laws  of  New  York  of  nineteen
   56  hundred twenty-one and continued by article I of this chapter, and chap-
       S. 3353--A                         68
    1  ter  one hundred fifty-one of the laws of New Jersey of nineteen hundred
    2  twenty-one, and any amendments thereto.
    3    14.  "Court  of the United States" shall mean all courts enumerated in
    4  section four hundred fifty-one  of  title  twenty-eight  of  the  United
    5  States  code  and  the  courts-martial of the armed forces of the United
    6  States.
    7    15. "Witness" shall mean any person whose testimony is desired in  any
    8  investigation, interview or other proceeding conducted by the commission
    9  pursuant to the provisions of this compact.
   10    16.  "Compact"  shall  mean  this  compact  and  rules and regulations
   11  lawfully promulgated thereunder and shall also include any amendments or
   12  supplements to this compact to implement the purposes thereof adopted by
   13  the action of the legislature of either the state of  New  York  or  the
   14  state of New Jersey concurred in by the legislature of the other.
   15    S  447.  General  powers of the commission.  In addition to the powers
   16  and duties of the commission conferred in parts I, II,  III,  and  V  of
   17  this article, the commission shall have the power:
   18    1. To administer and enforce the provisions of this compact;
   19    2.  To  establish such divisions and departments within the commission
   20  as the commission may deem  necessary  and  to  appoint  such  officers,
   21  agents  and  employees as it may deem necessary, prescribe their powers,
   22  duties and qualifications and fix  their  compensation  and  retain  and
   23  employ counsel and private consultants on a contract basis or otherwise;
   24    3.  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 including, but not limited
   27  to, rules and regulations (which  shall  be  applicable  to  any  person
   28  licensed  by the commission, his employer, or any other person within an
   29  airport) to provide for the maximum protection of air freight,  such  as
   30  checking and custodial accounting, guarding, storing, fencing, gatehous-
   31  es,  access  to  air  freight,  air  freight loss reports, and any other
   32  requirements which the commission in  its  discretion  may  deem  to  be
   33  necessary and appropriate to provide such maximum protection.  The rules
   34  and regulations of the commission shall be effective upon publication in
   35  the  manner  which the commission shall prescribe and upon filing in the
   36  office of the secretary of state of each state.  A certified copy of any
   37  such rules and regulations, attested as true and correct by the  commis-
   38  sion,  shall  be  presumptive  evidence of the regular making, adoption,
   39  approval and publication thereof;
   40    4. To have for its  members  and  its  properly  designated  officers,
   41  agents  and  employees,  full and free access, ingress and egress to and
   42  from all airports, air freight terminals, all aircraft traveling  to  or
   43  from  an  airport  and  all  trucks or other motor vehicles or equipment
   44  which are carrying air freight to or from any  airport  or  air  freight
   45  terminal   for   the   purposes  of  conducting  investigations,  making
   46  inspections or enforcing the provisions of this compact;  and no  person
   47  shall  obstruct  or  in any way interfere with any such member, officer,
   48  employee or agent in the making of such investigation or  inspection  or
   49  in  the enforcement of the provisions of this compact or in the perform-
   50  ance of any other power or duty under this compact;
   51    5. To make investigations, collect and compile information  concerning
   52  airport practices generally, and upon all matters relating to the accom-
   53  plishment of the objectives of this compact;
   54    6.  To  advise  and consult with representatives of labor and industry
   55  and with public officials and agencies concerned with  the  effectuation
   56  of  the  purposes of this compact, upon all matters which the commission
       S. 3353--A                         69
    1  may desire, including but not limited to the form and substance of rules
    2  and regulations and the administration of  the  compact  and  the  expe-
    3  ditious  handling  and efficient movement of air freight consistent with
    4  the security of such air freight;
    5    7.  To make annual and other reports to the governors and legislatures
    6  of both states containing recommendations for the  effectuation  of  the
    7  purposes of this compact;
    8    8.  To issue temporary licenses and temporary permits under such terms
    9  and conditions as the commission may prescribe;
   10    9. In any case in which the commission has  the  power  to  revoke  or
   11  suspend  any  license or permit the commission shall also have the power
   12  to impose as an alternative to such revocation or suspension, a penalty,
   13  which the licensee or permittee may elect to pay the commission in  lieu
   14  of  the  revocation  or  suspension.   The maximum penalty shall be five
   15  thousand dollars for each separate offense. The commission may, for good
   16  cause shown, abate all or part of such penalty;
   17    10. To determine the location,  size  and  suitability  of  field  and
   18  administrative offices and any other accommodations necessary and desir-
   19  able for the performance of the commission's duties under this compact;
   20    11.  To  acquire,  hold  and dispose of real and personal property, by
   21  gift, purchase, lease, license or other similar manner, for  its  corpo-
   22  rate purposes, and in connection therewith to borrow money;
   23    12. To recover possession of any card or other means of identification
   24  issued by the commission as evidence of a license or permit in the event
   25  that the holder thereof no longer is a licensee or permittee;
   26    13.  To  require  any licensee or permittee to exhibit upon demand the
   27  license or permit issued to him  by  the  commission  or  to  wear  such
   28  license or permit.
   29    The  powers and duties of the commission may be exercised by officers,
   30  employees and agents designated by them, except the power to make  rules
   31  and  regulations.   The commission shall have such additional powers and
   32  duties as may hereafter be delegated to or imposed upon it from time  to
   33  time  by  the  action of the legislature of either state concurred in by
   34  the legislature of the other.
   35    S 448. Airfreightmen and airfreightman supervisors.  1. On  and  after
   36  the  ninetieth  day  after the effective date of this compact, no person
   37  shall act as an airfreightman or an airfreightman supervisor within  the
   38  state  of  New  York  or  the  state  of New Jersey without having first
   39  obtained from the commission a license to act as such  airfreightman  or
   40  airfreightman supervisor, as the case may be, and no person shall employ
   41  another  person  to  act as an airfreightman or airfreightman supervisor
   42  who is not so licensed.
   43    2. A license to act as an airfreightman  or  airfreightman  supervisor
   44  shall  be  issued  only upon the written application, under oath, of the
   45  person proposing to employ or engage  another  person  to  act  as  such
   46  airfreightman  or  airfreightman supervisor, verified by the prospective
   47  licensee as to the matters concerning  him,  and  shall  set  forth  the
   48  prospective  licensee's  full  name,  residence address, social security
   49  number, and such further facts and evidence as may be  required  by  the
   50  commission  to  determine  the  identity,  the  existence  of a criminal
   51  record, if any, and the eligibility of the prospective  licensee  for  a
   52  license.
   53    3.  The commission may in its discretion deny the application for such
   54  license submitted on behalf of a prospective licensee  for  any  of  the
   55  following causes:
       S. 3353--A                         70
    1    (a)  Conviction by a court of the United States or any state or terri-
    2  tory thereof, without subsequent pardon, of the commission  of,  or  the
    3  attempt or conspiracy to commit, treason, murder, manslaughter, coercion
    4  or  any  felony or high misdemeanor or any of the following misdemeanors
    5  or  offenses  (excluding,  however,  any conviction for a misdemeanor or
    6  lesser offense arising out of physical misconduct committed  during  the
    7  course  of  lawful organizational or collective bargaining activities of
    8  any labor organization):   illegally using,  carrying  or  possessing  a
    9  pistol  or  other dangerous weapon;  making, manufacturing or possessing
   10  burglar's instruments;  buying or receiving  stolen  property;  criminal
   11  possession  of stolen property;  unlawful entry of a building;  criminal
   12  trespass;  aiding an escape from prison;    and  unlawfully  possessing,
   13  selling or distributing a dangerous drug;
   14    (b)  Conviction  by  any  such  court,  after  having  been previously
   15  convicted by any such court of any crime or of the offenses  hereinafter
   16  set forth, of a misdemeanor or any of the following offenses (excluding,
   17  however,  any conviction for a misdemeanor or lesser offense arising out
   18  of physical misconduct committed during the course of  lawful  organiza-
   19  tional  or  collective bargaining activities of any labor organization):
   20  assault, malicious injury  to  property,  criminal  mischief,  malicious
   21  mischief, criminal tampering, unlawful use or taking of a motor vehicle,
   22  corruption  of  employees,  promoting  gambling,  possession of gambling
   23  records or devices, or possession of lottery or number slips;
   24    (c) Fraud, deceit or misrepresentation in connection with any applica-
   25  tion or petition submitted to, or any interview, hearing  or  proceeding
   26  conducted by the commission;
   27    (d)  Violation  of  any provision of this section or the commission of
   28  any offense thereunder;
   29    (e) Refusal on the part of the applicant, or prospective licensee,  to
   30  answer  any  material  question  or  produce  any  material  evidence in
   31  connection with the application;
   32    (f) As to an airfreightman,  his  presence  at  the  airports  or  air
   33  freight  terminals  is found by the commission on the basis of the facts
   34  and evidence before it to constitute a danger to  the  public  peace  or
   35  safety;
   36    (g)  As to an airfreightman supervisor, failure to satisfy the commis-
   37  sion that the prospective licensee possesses good character and integri-
   38  ty;
   39    (h) Conviction of a crime or other cause which would permit  reprimand
   40  of  such  prospective  licensee  or  the suspension or revocation of his
   41  license if such person were already licensed.
   42    4. When the application shall have  been  examined  and  such  further
   43  inquiry  and  investigation made as the commission shall deem proper and
   44  when the commission shall be satisfied therefrom  that  the  prospective
   45  licensee  possesses  the  qualifications  and requirements prescribed in
   46  this article, the commission shall issue and deliver to the  prospective
   47  licensee  a  license  to  act as an airfreightman or as an airfreightman
   48  supervisor, as the case may be, and shall inform the  applicant  of  its
   49  action.
   50    5.  The commission shall have the power to reprimand any airfreightman
   51  or airfreightman supervisor licensed under this article or to revoke  or
   52  suspend  his  license  for  such  period  as the commission deems in the
   53  public interest for any of the following causes:
   54    (a) Conviction of a crime or other cause which would permit the denial
   55  of a license upon original application;
       S. 3353--A                         71
    1    (b) Fraud, deceit or misrepresentation in securing the license, or  in
    2  the conduct of the licensed activity;
    3    (c) Transfer or surrender of possession to any person either temporar-
    4  ily  or  permanently of any card or other means of identification issued
    5  by the commission as evidence of a license, without satisfactory  expla-
    6  nation;
    7    (d) False impersonation of another person who is a licensee or permit-
    8  tee of the commission under this compact;
    9    (e) Wilful commission of, or wilful attempt to commit at an airport or
   10  at an air freight terminal or adjacent highway any act of physical inju-
   11  ry to any other person or of wilful damage to or misappropriation of any
   12  other person's property, unless justified or excused by law.
   13    (f)  Violation of any of the provisions of this compact or inducing or
   14  otherwise aiding or abetting any person to violate  the  terms  of  this
   15  compact;
   16    (g)  Addiction to the use of, or unlawful possession, sale or distrib-
   17  ution of a dangerous drug;
   18    (h) Paying, giving, causing to be paid or given or offering to pay  or
   19  give  to  any person any valid consideration to induce such other person
   20  to violate any provision of this compact or to induce any  public  offi-
   21  cer, agent or employee to fail to perform his duty under this compact;
   22    (i) Consorting with known criminals for unlawful purposes;
   23    (j) Receipt or solicitation of anything of value from any person other
   24  than  the  licensee's  or  permittee's employer as consideration for the
   25  selection or retention for employment of any person who is a licensee or
   26  permittee of the commission under this compact;
   27    (k) Coercion of any person who is  a  licensee  or  permittee  of  the
   28  commission under this compact by threat of discrimination or violence or
   29  economic  reprisal  to make purchases from or to utilize the services of
   30  any person;
   31    (l) Lending any money to or borrowing any money from any person who is
   32  a licensee or permittee of the commission under this compact  for  which
   33  there is a charge of interest or other consideration which is usurious;
   34    (m)  Conviction of any criminal offense in relation to gambling, book-
   35  making, pool selling, lotteries or similar crimes  or  offenses  if  the
   36  crime  or offense was committed at an airport or air freight terminal or
   37  within five hundred feet thereof;
   38    (n) Refusal to answer any material question or  produce  any  material
   39  evidence  lawfully  required  to be answered or produced at any investi-
   40  gation, interview or other proceeding conducted by the commission pursu-
   41  ant to the provisions of this compact, or, if such refusal  is  accompa-
   42  nied by a valid plea of privilege against self-incrimination, refusal to
   43  obey  an  order to answer such question or produce such evidence made by
   44  the commission pursuant to  the  power  of  the  commission  under  this
   45  compact to grant immunity from prosecution;
   46    (o)  Refusal  to  exhibit his license or permit upon the demand of any
   47  officer, agent or employee of the commission or  failure  to  wear  such
   48  license or permit when required.
   49    6.  A  license  granted  pursuant  to this section shall expire on the
   50  expiration date (which shall be at least one year from the date  of  its
   51  issuance)  set  forth  by  the  commission on the card or other means of
   52  identification issued by the commission as evidence of a license or upon
   53  the termination of employment with the  employer  who  applied  for  the
   54  license.  Upon  expiration  thereof,  a  license  may  be renewed by the
   55  commission upon fulfilling the same requirements as  are  set  forth  in
   56  this compact for an original application.
       S. 3353--A                         72
    1    S 449. Air freight terminal operators; air freight truck carriers; and
    2  airfreightmen; labor relations consultants.  1. On and after the nineti-
    3  eth  day  after the effective date of this compact, no person, except an
    4  air carrier, shall act as an air freight terminal operator or as an  air
    5  freight  truck carrier or as an airfreightman labor relations consultant
    6  within the state of New York or the state of New Jersey  without  having
    7  first  obtained  a  license from the commission to act as an air freight
    8  terminal operator or as an air freight truck carrier  or  as  an  airfr-
    9  eightman  labor  relations consultant, as the case may be, and no person
   10  shall employ or engage another person to  perform  services  as  an  air
   11  freight  terminal  operator  or as an air freight truck carrier or as an
   12  airfreightman labor relations consultant who is not so licensed.
   13    2. Any person intending to act as an air freight terminal operator  or
   14  as  an  air freight truck carrier or as an airfreightman labor relations
   15  consultant within the state of New York or the state of New Jersey shall
   16  file in the office of the commission a written application for a license
   17  to engage in such occupation duly signed and verified as follows:
   18    (a) If the applicant is a natural person,  the  application  shall  be
   19  signed  and  verified  by such person and if the applicant is a partner-
   20  ship, the application shall be  signed  and  verified  by  each  natural
   21  person  composing or intending to compose such partnership. The applica-
   22  tion shall state the full name, age,  residence,  business  address  (if
   23  any), present and previous occupations of each natural person so signing
   24  the  same,  and  any  other facts and evidence as may be required by the
   25  commission to ascertain the character, integrity, identity and  criminal
   26  record, if any, of each natural person so signing such application.
   27    (b) If the applicant is a corporation, the application shall be signed
   28  and  verified  by  the  president,  secretary and treasurer thereof, and
   29  shall specify the name of the corporation, the date  and  place  of  its
   30  incorporation,  the  location  of  its  principal place of business, the
   31  names and addresses of, and the amount of the stock held by stockholders
   32  owning ten per cent or more of any of the stock thereof, and of all  the
   33  officers  (including  all  members  of  the  board  of directors).   The
   34  requirements of paragraph (a) of this subdivision as to a natural person
   35  who is a member of a partnership, and such requirements as may be speci-
   36  fied in rules and regulations promulgated by the commission, shall apply
   37  to each such officer or stockholder and their successors  in  office  or
   38  interest as the case may be.
   39    In  the event of the death, resignation or removal of any officer, and
   40  in the event of any change in the list of stockholders who shall own ten
   41  per cent or more of the stock of the corporation, the secretary of  such
   42  corporation  shall  forthwith give notice of that fact in writing to the
   43  commission, certified by said secretary.
   44    3. No such license shall be granted
   45    (a) If any person whose signature or name appears in  the  application
   46  is  not  the  real party in interest required by subdivision two of this
   47  section to sign or to be identified in the application or if the  person
   48  so  signing or named in the application is an undisclosed agent or trus-
   49  tee for any such real party in interest or if any  such  real  party  in
   50  interest does not sign the application;
   51    (b)  Unless  the  commission shall be satisfied that the applicant and
   52  all members, officers and stockholders required by section two  of  this
   53  article  to sign or be identified in the application for license possess
   54  good character and integrity;
   55    (c) If the applicant or any member, officer or stockholder required by
   56  subdivision two of this section to sign or be identified in the applica-
       S. 3353--A                         73
    1  tion for license has, without subsequent pardon,  been  convicted  by  a
    2  court  of  the  United  States  or any state or territory thereof of the
    3  commission of, or the attempt or  conspiracy  to  commit  any  crime  or
    4  offense  described in paragraph (a) of subdivision three of section four
    5  hundred forty-eight of this article.  Any  applicant  ineligible  for  a
    6  license  by  reason  of  any  such  conviction  may  submit satisfactory
    7  evidence to the commission that the  person  whose  conviction  was  the
    8  basis  of  ineligibility  has  for a period of not less than five years,
    9  measured as hereinafter provided and up to the time of  application,  so
   10  conducted  himself  as  to  warrant  the grant of such license, in which
   11  event the commission may, in its discretion issue an order removing such
   12  ineligibility.  The aforesaid period of five  years  shall  be  measured
   13  either  from the date of payment of any fine imposed upon such person or
   14  the suspension of sentence or from the date  of  his  unrevoked  release
   15  from  custody  by  parole,  commutation  or termination of his sentence.
   16  Such petition may be made to the commission before or after the  hearing
   17  on the application;
   18    (d)  If, on or after the effective date of this compact, the applicant
   19  has paid, given, caused to have been paid or given or offered to pay  or
   20  give  to any officer or employee of any other person employing or engag-
   21  ing him in his licensed  activity  any  valuable  consideration  for  an
   22  improper  or  unlawful  purpose or to induce such officer or employee to
   23  procure the employment of the applicant in his licensed activity by such
   24  other person;
   25    (e) If, on or after the effective date of this compact, the  applicant
   26  has paid, given, caused to have been paid, or given or offered to pay or
   27  give  to any officer or representative of a labor organization any valu-
   28  able consideration for an improper or unlawful purpose or to induce such
   29  officer or representative to subordinate  the  interest  of  such  labor
   30  organization  or  its  members  in the management of the affairs of such
   31  labor organization to the  interests  of  the  applicant  or  any  other
   32  person;
   33    (f)  If, on or after the effective date of this compact, the applicant
   34  has paid, given, caused to have been paid or given or offered to pay  or
   35  give  to any agent of any other person any valuable consideration for an
   36  improper or unlawful purpose or, without the knowledge  and  consent  of
   37  such other person, to induce such agent to procure the employment of the
   38  applicant in his licensed activity by such other person.
   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 applicant
   42  possess the qualifications and requirements prescribed in this  section,
   43  the commission shall issue and deliver a license to the applicant.
   44    5.  The  commission  shall  have  the  power  to  reprimand any person
   45  licensed under this section or to revoke or suspend his license for such
   46  period as the commission deems in the public interest  for  any  of  the
   47  following  causes  on the part of the licensee or of any person required
   48  by section two of this article to sign or be identified in  an  original
   49  application for a license:
   50    (a)  Any  cause  set forth in subdivision five of section four hundred
   51  forty-eight of this article;
   52    (b) Failure by the licensee to maintain a complete set  of  books  and
   53  records  containing  a  true  and  accurate  account  of  the licensee's
   54  receipts and disbursements arising out of his licensed activities;
   55    (c) Failure to keep said books and records available  during  business
   56  hours for inspection by the commission and its duly designated represen-
       S. 3353--A                         74
    1  tatives  until  the  expiration of the fifth calendar year following the
    2  calendar year during which occurred the transactions recorded therein;
    3    (d)  Failure  to  pay  any assessment or fee payable to the commission
    4  under this compact when due.
    5    6. A license granted pursuant to this  section  shall  expire  on  the
    6  expiration  date  (which shall be at least one year from the date of its
    7  issuance) set forth by the commission on the  card  or  other  means  of
    8  identification  issued  by the commission as evidence of a license. Upon
    9  expiration thereof, a license may be  renewed  by  the  commission  upon
   10  fulfilling the same requirements as are set forth in this section for an
   11  original application.
   12    S 450. Air freight security area. 1. On or after the effective date of
   13  this  compact, the commission shall have the power to designate any area
   14  located within an airport as an air freight security area.    No  person
   15  who  is  not  licensed  by the commission pursuant to this compact shall
   16  have ingress to an air freight security area unless issued a  permit  by
   17  the commission.
   18    2.  Any  person who is not licensed by the commission pursuant to this
   19  compact and who desires upon any occasion  ingress  to  an  air  freight
   20  security  area shall apply at the entrance to such area for a permit for
   21  ingress for that particular occasion.  In order to secure  a  permit,  a
   22  prospective permittee must show identification establishing his name and
   23  address  and  he  may be required by the commission to sign a consent to
   24  the surrender of his permit upon egress from such area  and,  if  he  is
   25  driving  a  motor  vehicle,  to  an inspection of his motor vehicle upon
   26  egress from such area.  Any person desiring a permit  to  enter  an  air
   27  freight security area may be denied such permit by the commission in its
   28  discretion if the commission determines that the presence of such person
   29  in such area would constitute a danger to the public peace or safety.
   30    3. Any person whose business, employment or occupation requires him to
   31  have  ingress upon a regular basis to an air freight security area shall
   32  be required, in order to obtain ingress to such area, to  apply  to  the
   33  commission  for a permit for a fixed period of duration to be determined
   34  by the commission.  Such applicant for a permit of  a  fixed  period  of
   35  duration shall fulfill the same requirements as the prospective licensee
   36  for  an  airfreightman's license.  The commission may in the exercise of
   37  its discretion suspend or revoke such permit of a fixed period of  dura-
   38  tion for the same causes which would permit the commission to revoke the
   39  license of an airfreightman.
   40    4.  The  commission  shall  have the power to inspect any truck or any
   41  other motor vehicle within an air freight security area.
   42    5. The provisions of this article  shall  not  be  applicable  to  any
   43  person  who  is  a  member  of the flight crew or flight personnel of an
   44  aircraft which is operated by an air carrier and which is located within
   45  an air freight security area upon a showing of  such  identification  as
   46  may be required by the commission.
   47    S  451.  Hearings, determinations and review.  1. The commission shall
   48  not deny any application for a license  or  permit  without  giving  the
   49  applicant  or  prospective licensee or permittee reasonable prior notice
   50  and an opportunity to be heard.
   51    2. Any application for a license or permit, and any license or  permit
   52  issued, may be denied, revoked or suspended, as the case may be, only in
   53  the manner prescribed in this section.
   54    3.  The  commission  may  on its own initiative or on complaint of any
   55  person, including any public official or agency,  institute  proceedings
   56  to  revoke or suspend any license or permit after a hearing at which the
       S. 3353--A                         75
    1  licensee or permittee and any person  making  such  complaint  shall  be
    2  given an opportunity to be heard, provided that any order of the commis-
    3  sion  revoking  or  suspending  any  license  or permit shall not become
    4  effective until fifteen days subsequent to the serving of notice thereof
    5  upon  the  licensee or permittee unless in the opinion of the commission
    6  the continuance of the license or permit for such period would be inimi-
    7  cal to the public peace or safety.  Such hearings shall be held in  such
    8  manner  and  upon  such  notice as may be prescribed by the rules of the
    9  commission, but such notice shall be of not less than ten days and shall
   10  state the nature of the complaint.
   11    4. Pending the determination of such hearing pursuant  to  subdivision
   12  three  of this section, the commission may temporarily suspend a license
   13  or permit if in the opinion of the commission  the  continuance  of  the
   14  license  or  permit  for  such period is inimical to the public peace or
   15  safety.
   16    5. The commission, or such member, officer, employee or agent  of  the
   17  commission  as  may  be  designated  by the commission for such purpose,
   18  shall have the power to issue subpoenas throughout both states to compel
   19  the attendance of witnesses and the giving of testimony or production of
   20  other evidence and to administer oaths in connection with any such hear-
   21  ing.  It shall be the duty of the commission  or  of  any  such  member,
   22  officer,  employee  or agent of the commission designated by the commis-
   23  sion for such purpose to issue subpoenas at  the  request  of  and  upon
   24  behalf  of the licensee, permittee or applicant.  The commission or such
   25  person conducting the hearing shall not be bound by common law or statu-
   26  tory rules of evidence or by technical or formal rules or  procedure  in
   27  the conduct of such hearing.
   28    6.  Upon the conclusion of the hearing, the commission shall take such
   29  action upon such findings and determinations  as  it  deems  proper  and
   30  shall  execute  an order carrying such findings into effect.  The action
   31  in the case of an application for a  license  or  permit  shall  be  the
   32  granting  or  denial  thereof.   The action in the case of a licensee or
   33  permittee shall be revocation of the license  or  permit  or  suspension
   34  thereof for a fixed period or reprimand or a dismissal of the charges.
   35    7.  The  action  of  the  commission  in denying any application for a
   36  license or permit or in suspending or revoking such license or permit or
   37  in reprimanding a licensee or permittee shall  be  subject  to  judicial
   38  review by a proceeding instituted in either state at the instance of the
   39  applicant,  licensee  or  permittee in the manner provided by the law of
   40  such state for review of the final decision or action of  administrative
   41  agencies  of  such  state,  provided,  however, that notwithstanding any
   42  other provision of law the court shall have power to stay for  not  more
   43  than  thirty  days  an  order of the commission suspending or revoking a
   44  license or permit.
   45    8. At hearings conducted by the commission pursuant to  this  section,
   46  applicants,  prospective licensees and permittees, licensees and permit-
   47  tees shall have the right to be accompanied and represented by counsel.
   48    9. After the conclusion of a hearing but prior to  the  making  of  an
   49  order  by  the  commission,  a  hearing  may,  upon  petition and in the
   50  discretion of the hearing officer, be reopened for the  presentation  of
   51  additional evidence.  Such petition to reopen the hearing shall state in
   52  detail  the nature of the additional evidence, together with the reasons
   53  for the failure to submit such evidence prior to the conclusion  of  the
   54  hearing.    The  commission  may upon its own motion and upon reasonable
   55  notice reopen a hearing for the  presentation  of  additional  evidence.
   56  Upon petition, after the making of an order of the commission, rehearing
       S. 3353--A                         76
    1  may be granted in the discretion of the commission.  Such a petition for
    2  rehearing  shall  state in detail the grounds upon which the petition is
    3  based and shall separately set forth each error of law and fact  alleged
    4  to  have been made by the commission in its determination, together with
    5  the facts and arguments in support thereof.    Such  petition  shall  be
    6  filed  with  the  commission not later than thirty days after service of
    7  such order unless the commission for good cause  shown  shall  otherwise
    8  direct.   The commission may upon its own motion grant a rehearing after
    9  the making of an order.
   10    S 452. Expenses of administration.  1. In addition to  the  budget  of
   11  its  expenses  under  the  waterfront commission compact, the commission
   12  shall annually adopt a budget of its expenses  under  this  compact  for
   13  each year.  The annual budget shall be submitted to the governors of the
   14  two  states  and  shall  take  effect  as submitted provided that either
   15  governor may within thirty days disapprove or reduce any item or  items,
   16  and the budget shall be adjusted accordingly.
   17    2. After taking into account such funds as may be available to it from
   18  reserves  in  excess  of ten per cent of such budget under this compact,
   19  federal grants, or otherwise, the balance of the  commission's  budgeted
   20  expenses  shall  be  obtained  by fees payable under this article and by
   21  assessments upon employers of persons licensed  under  this  compact  as
   22  provided in this article.
   23    3. With respect to airfreightmen and airfreightman supervisors who are
   24  employed by an air freight truck carrier regularly to move freight to or
   25  from an airport, the employers shall pay to the commission for each such
   26  airfreightman  and  airfreightman  supervisor a license fee to be deter-
   27  mined by the commission, not in excess of one hundred dollars  for  each
   28  year,  commencing  with  the  first day of April.  The employer of every
   29  person who is issued a permit of fixed duration by  the  commission  for
   30  ingress  to an air freight security area, or the permittee himself if he
   31  is self-employed, shall pay to the commission a fee to be determined  by
   32  the  commission,  not  in  excess of seventy-five dollars for each year,
   33  commencing with the first day of April.  The commission shall reduce the
   34  maximum  fees  payable  under  this  section  proportionately  with  any
   35  reduction in the maximum assessment rate of two per cent provided for by
   36  this section.
   37    4.  Every  employer  of  airfreightmen  and  airfreightman supervisors
   38  licensed by the commission, except  as  otherwise  provided  in  section
   39  three  of  this  article,  shall  pay  to  the  commission an assessment
   40  computed upon the gross payroll payments made by such employer to airfr-
   41  eightmen and airfreightman supervisors for work performed as such, at  a
   42  rate,  not in excess of two per cent, computed by the commission, in the
   43  following manner:  the commission shall annually estimate the fees paya-
   44  ble under this section and the gross payroll  payments  to  be  made  by
   45  employers subject to assessment and shall compute the fees and a rate of
   46  assessment  which  will yield revenues sufficient to finance the balance
   47  of the commission's budget for each year as provided in subdivision  two
   48  of  this  section.  The  commission may hold in reserve an amount not to
   49  exceed ten per cent of its total budgeted expenses for the  year,  which
   50  reserve shall not be included as part of the budget.  Such reserve shall
   51  be  held  for  the  stabilization  of annual assessments, the payment of
   52  operating deficits and for the repayment of any advances made by the two
   53  states.
   54    5. The amount required to balance the commission's budget in excess of
   55  the estimated yield of the maximum fees and assessment, shall be  certi-
   56  fied  by  the commission, with the approval of the respective governors,
       S. 3353--A                         77
    1  to the legislatures of the two states, in proportion to  the  respective
    2  totals  of the assessments and fees paid to the commission by persons in
    3  each of the two states.  The legislatures shall annually appropriate  to
    4  the commission the amount so certified.
    5    6.  The  assessments  and fees hereunder shall be in lieu of any other
    6  charge for the issuance of licenses or permits by the commission  pursu-
    7  ant to this compact.
    8    7.  In  addition to any other sanction provided by law, the commission
    9  may revoke or suspend any license or permit held by any  employer  under
   10  this compact and/or the license or permit held under this compact by any
   11  employees of such employer, or the permit held under this compact by any
   12  permittee  who is self-employed, and in addition the commission may deny
   13  ingress to such employers, employees or permittees to air freight  secu-
   14  rity areas, for nonpayment of any assessment or fee when due.
   15    8.  Every  person  subject to the payment of any assessment under this
   16  compact shall file on or before the twentieth day of the first month  of
   17  each  calendar quarter-year a separate return, together with the payment
   18  of the assessment due, for the preceding  calendar  quarter-year  during
   19  which  any  payroll  payments  were  made  to  licensed persons for whom
   20  assessments are payable for work performed as such. Returns covering the
   21  amount of assessment payable shall be filed with the commission on forms
   22  to be furnished for such purpose and shall contain such  data,  informa-
   23  tion  or  matter  as  the commission may require to be included therein.
   24  The commission may grant a  reasonable  extension  of  time  for  filing
   25  returns,  or  for  payment  of  assessment,  whenever good cause exists.
   26  Every return shall have annexed thereto a certification  to  the  effect
   27  that the statements contained therein are true.
   28    9.  Every  person subject to the payment of assessment hereunder shall
   29  keep an accurate record of his employment of licensed persons  for  whom
   30  assessments  are  payable,  which  shall show the amount of compensation
   31  paid and such other information as the commission  may  require.    Such
   32  records  shall  be preserved for a period of three years and be open for
   33  inspection at reasonable times.   The  commission  may  consent  to  the
   34  destruction  of  any  such  records at any time after said period or may
   35  require that they be kept longer but not in excess of six years.
   36    10. (a) The commission shall audit and determine the amount of assess-
   37  ment due from the return filed and such other information as  is  avail-
   38  able  to  it.    Whenever  a  deficiency in payment of the assessment is
   39  determined the commission shall give notice of any such determination to
   40  the person liable  therefor.    Such  determination  shall  finally  and
   41  conclusively  fix  the  amount due, unless the person against whom it is
   42  assessed shall, within thirty days after the giving of  notice  of  such
   43  determination,  apply  in  writing  to  the commission for a hearing, or
   44  unless the commission on its own motion shall reduce the  same.    After
   45  such  hearing,  the  commission shall give notice of its decision to the
   46  person liable therefor.  A determination of the  commission  under  this
   47  subdivision shall be subject to judicial review, if application for such
   48  review  is  made  within  thirty days after the giving of notice of such
   49  decision.  Any determination under this section  shall  be  made  within
   50  five years from the time the return was filed and if no return was filed
   51  such determination may be made at any time.
   52    (b)  Any notice authorized or required under this section may be given
   53  by mailing the same to the person for whom it is intended  at  the  last
   54  address  given  by him to the commission, or in the last return filed by
   55  him with the commission under this section, or if  no  return  has  been
   56  filed  then  to  such address as may be obtainable.  The mailing of such
       S. 3353--A                         78
    1  notice shall be presumptive evidence of  the  receipt  of  same  by  the
    2  person  to  whom  addressed.  Any  period  of  time, which is determined
    3  according to the provision of this subdivision, for the giving of notice
    4  shall commence to run from the date of mailing of such notice.
    5    11. Every person required to pay a fee for a license or a permit under
    6  this  section shall pay the same upon filing of the application with the
    7  commission for such license or permit.   The fee  for  such  license  or
    8  permit shall be prorated for the fiscal year for which the same is paya-
    9  ble  as  of the date the application for such license or permit is filed
   10  with the commission.  The commission shall prorate and make a refund  of
   11  such  fee for the period between the date of application and the date of
   12  the issuance of such license or permit.  Upon surrender of such  license
   13  or permit or upon the revocation of any such license or permit issued to
   14  an  employee  before  the  expiration of the fiscal year, the commission
   15  shall make a refund prorated for the unexpired portion of the year, less
   16  ten per cent of such refund.  In the event of denial of any  application
   17  for  a  license or permit, the commission shall refund the fee paid upon
   18  application, less ten per cent of such refund.
   19    12.  Whenever any person shall fail to pay, within  the  time  limited
   20  herein, any assessment or fee which he is required to pay to the commis-
   21  sion  under  the  provisions  of this section the commission may enforce
   22  payment of such assessment or fee by civil action for the amount of such
   23  assessment or fee with interest and penalties.
   24    13. The employment by a nonresident of a licensed person or  permittee
   25  for  whom  assessments or fees are payable in either state or the desig-
   26  nation by a nonresident of a licensed person  or  permittee  to  perform
   27  work  in such state shall be deemed equivalent to an appointment by such
   28  nonresident of the secretary of state of such state to be his  true  and
   29  lawful  attorney  upon  whom  may be served the process in any action or
   30  proceeding against him growing out of any liability for  assessments  or
   31  fees, penalties or interest, and a consent that any such process against
   32  him  which is so served shall be of the same legal force and validity as
   33  if served on him personally within such state and within the territorial
   34  jurisdiction of the court from which the process  issues.    Service  of
   35  process  within  either  state  shall  be  made by either (1) personally
   36  delivering to and leaving with the secretary of state or a deputy secre-
   37  tary of state of such state duplicate copies thereof at  the  office  of
   38  the  department  of  state  in  the capital city of such state, in which
   39  event such secretary of state shall forthwith send  by  registered  mail
   40  one  of  such copies to the person at the last address designated by him
   41  to the commission for any purpose under this  section  or  in  the  last
   42  return  filed  by him under this section with the commission or as shown
   43  on the records of the commission, or if no return has been filed, at his
   44  last known office  address  within  or    without  such  state,  or  (2)
   45  personally  delivering  to  and leaving with the secretary of state or a
   46  deputy secretary of state of such state a copy thereof at the office  of
   47  the  department of state in the capital city of such state and by deliv-
   48  ering a copy thereof to  the  person,  personally  without  such  state.
   49  Proof  of  such  personal service without such state shall be filed with
   50  the clerk of the court in which the process  is  pending  within  thirty
   51  days  after  such  service  and  such service shall be complete ten days
   52  after proof thereof is filed.
   53    14. Whenever the commission shall determine that any  moneys  received
   54  as  assessments  or fees were paid in error, it may cause the same to be
   55  refunded, provided an application therefor is filed with the  commission
   56  within two years from the time the erroneous payment was made.
       S. 3353--A                         79
    1    15.  In addition to any other powers authorized hereunder, the commis-
    2  sion shall have power to make reasonable rules and regulations to effec-
    3  tuate the purposes of this section.
    4    16.  When  any person shall wilfully fail to pay any assessment or fee
    5  due hereunder he shall be assessed interest at a rate of  one  per  cent
    6  per month on the amount due and unpaid and penalties of five per cent of
    7  the  amount due for each thirty days or part thereof that the assessment
    8  remains unpaid.  The commission may, for good cause shown, abate all  or
    9  part of such penalty.
   10    17.   Any person who shall wilfully furnish false or fraudulent infor-
   11  mation or shall  wilfully  fail  to  furnish  pertinent  information  as
   12  required, with respect to the amount of any assessment or fee due, shall
   13  be  guilty  of  a misdemeanor, punishable by a fine of not more than one
   14  thousand dollars, or imprisonment for not more than one year, or both.
   15    18. All funds of the commission shall be deposited with such responsi-
   16  ble banks or trust companies as may be  designated  by  the  commission.
   17  The  commission  may  require that all such deposits be secured by obli-
   18  gations of the United States or of the states of New York or New  Jersey
   19  of  a market value equal at all times to the amount of the deposits, and
   20  all banks and trust companies are authorized to give such  security  for
   21  such deposits.  The moneys so deposited shall be withdrawn only by check
   22  signed  by  two  members  of the commission or by such other officers or
   23  employees of the commission as it may from time to time designate.
   24    19. The accounts, books and records of the commission,  including  its
   25  receipts,  disbursements,  contracts,  leases, investments and any other
   26  matters relating to its financial standing shall be examined and audited
   27  annually by independent auditors to be retained for such purpose by  the
   28  commission.
   29    20.   The commission shall reimburse each state for any funds advanced
   30  to the commission exclusive of sums appropriated pursuant to subdivision
   31  five of this section.
   32    S 453. General violations; prosecutions; penalties.  1. The failure of
   33  any witness, when duly  subpoenaed  to  attend,  to  give  testimony  or
   34  produce other evidence in any investigation, interview or other proceed-
   35  ing  conducted  by  the  commission  pursuant  to the provisions of this
   36  compact, shall be punishable by the superior court in New Jersey and the
   37  supreme court in New York in the same manner as said failure is punisha-
   38  ble by such court in a case therein pending.
   39    2. Any person who, having been duly sworn or affirmed as a witness  in
   40  any  investigation,  interview  or  other  proceeding  conducted  by the
   41  commission pursuant to the provisions of this  compact,  shall  wilfully
   42  give  false  testimony  shall be guilty of a misdemeanor punishable by a
   43  fine of not more than one thousand dollars or imprisonment for not  more
   44  than one year or both.
   45    3.  Any person who interferes with or impedes the orderly licensing of
   46  or orderly granting of any permits to any other person pursuant to  this
   47  compact,  or  who  attempts,  conspires, or threatens so to do, shall be
   48  guilty of a misdemeanor punishable by a fine of not more than one  thou-
   49  sand dollars or imprisonment for not more than one year or both.
   50    4.  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  obtaining  a
   54  license  or  permit pursuant to this compact shall be guilty of a misde-
   55  meanor punishable by a fine of not more than  one  thousand  dollars  or
   56  imprisonment for not more than one year or both.
       S. 3353--A                         80
    1    5. Any person who, without justification or excuse in law, directly or
    2  indirectly,  intimidates  or  inflicts any injury, damage, harm, loss or
    3  economic reprisal upon any person who holds a license or  permit  issued
    4  by  the  commission  pursuant  to  this compact, or any other person, or
    5  attempts,  conspires  or threatens so to do, in order to interfere with,
    6  impede or influence such licensee or permittee  in  the  performance  or
    7  discharge of his duties or obligations shall be guilty of a misdemeanor,
    8  punishable  by a fine of not more than one thousand dollars or imprison-
    9  ment of not more than one year or both.
   10    6. Any person who shall violate any of the provisions of this compact,
   11  for which no other penalty is prescribed, shall be guilty of a misdemea-
   12  nor, punishable by a fine of not more than one thousand  dollars  or  by
   13  imprisonment for not more than one year or both.
   14    7.  In  any  prosecution under this compact, it shall be sufficient to
   15  prove only a single act (or a single holding out or attempt)  prohibited
   16  by  law without having to prove a general course of conduct, in order to
   17  prove a violation.
   18    S 454. Amendments; construction;  short  title.    1.  Amendments  and
   19  supplements  to  this  compact  to implement the purposes thereof may be
   20  adopted by the action of the legislature of either state concurred in by
   21  the legislature of the other.
   22    2.  If any part or provision of this compact or the application there-
   23  of to any person or circumstances be adjudged invalid by  any  court  of
   24  competent jurisdiction, such judgment shall be confined in its operation
   25  to  the  part, provision or application directly involved in the contro-
   26  versy in which such judgment shall have  been  rendered  and  shall  not
   27  affect  or  impair  the validity of the remainder of this compact or the
   28  application thereof to other persons or circumstances and the two states
   29  hereby declare that they would have entered into  this  compact  or  the
   30  remainder  thereof  had  the invalidity of such provision or application
   31  thereof been apparent.
   32    3. In accordance with the ordinary rules for  construction  of  inter-
   33  state  compacts  this  compact shall be liberally construed to eliminate
   34  the evils described therein and to effectuate the purposes thereof.
   35    4. This compact shall be known  and  may  be  cited  as  the  "Airport
   36  Commission Compact".
   37                                   PART V
   38    S  455.  Prohibition against unions having officers, agents or employ-
   39  ees who have been convicted of certain crimes and offenses.   No  person
   40  shall  solicit,  collect or receive any dues, assessments, levies, fines
   41  or contributions, or other charges within the state for or on behalf  of
   42  any  labor  organization  which receives, directly or indirectly, twenty
   43  per cent or more of its dues, assessments,  levies,  fines  or  contrib-
   44  utions,  or  other  charges from persons who hold licenses issued by the
   45  commission pursuant to the airport commission  compact,  or  for  or  on
   46  behalf  of  a  labor organization which derives its charter from a labor
   47  organization which receives, directly or indirectly, twenty per cent  or
   48  more  of its dues, assessments, levies, fines or contributions, or other
   49  charges from persons who hold licenses issued by the commission pursuant
   50  to the airport commission compact, if any officer, agent or employee  of
   51  such  labor  organization,  or  of  a welfare fund or trust administered
   52  partially or entirely by such labor organization or by trustees or other
   53  persons designated by such labor organization, has been convicted  by  a
   54  court  of  the  United  States,  or any state or territory thereof, of a
       S. 3353--A                         81
    1  felony, any misdemeanor  involving  moral  turpitude  or  any  crime  or
    2  offense  enumerated  in  subdivision (a) of subdivision three of section
    3  four hundred forty-eight of this article, unless he has been subsequent-
    4  ly  pardoned  therefor by the governor or other appropriate authority of
    5  the state or jurisdiction in  which  such  conviction  was  had  or  has
    6  received    a certificate of good conduct or other relief from disabili-
    7  ties arising from the fact of conviction from a board of parole or simi-
    8  lar authority.  No person so convicted shall serve as an officer,  agent
    9  or  employee  of  such  labor organization, welfare fund or trust unless
   10  such person has been so pardoned or has received such a  certificate  of
   11  good  conduct.    No  person, including such labor organization, welfare
   12  fund or trust, shall knowingly permit such convicted person to assume or
   13  hold any office, agency or employment in violation of this section.
   14    As used in this section, the term "labor organization" shall mean  and
   15  include any organization which exists and is constituted for the purpose
   16  in whole or in part of collective bargaining, or of dealing with employ-
   17  ers  concerning  grievances,  terms  and conditions of employment, or of
   18  other mutual aid or protection;  but it shall not include  a  federation
   19  or  congress  of labor organizations organized on a national or interna-
   20  tional basis even though one of its constituent labor organizations  may
   21  represent persons who hold licenses issued by the commission pursuant to
   22  the airport commission compact.
   23    S  456.  Prohibition  against  employer organizations having officers,
   24  agents or employees who  have  been  convicted  of  certain  crimes  and
   25  offenses.  No person shall solicit, collect or receive any dues, assess-
   26  ments, levies, fines or contributions, or other charges within the state
   27  for  or on behalf of any organization of employers (whether incorporated
   28  or not) twenty per cent or more of whose members have in  their  employ-
   29  ment  any employees who are members of a labor organization to which the
   30  prohibition of section four hundred fifty-five of this part is  applica-
   31  ble,  if any officer, agent or employee of such employer organization or
   32  of a welfare fund or trust administered partially or  entirely  by  such
   33  employer organization or by trustees or other persons designated by such
   34  employer  organization,  has  been  convicted  by  a court of the United
   35  States, or any state or territory thereof, of a felony, any  misdemeanor
   36  involving  moral  turpitude  or any crime or offense enumerated in para-
   37  graph (a) of subdivision three of section four  hundred  forty-eight  of
   38  the  compact  established pursuant to part IV of this article, unless he
   39  has been subsequently pardoned therefor by the governor or other  appro-
   40  priate  authority  of the state or jurisdiction in which such conviction
   41  was had or has received a certificate of good conduct  or  other  relief
   42  from  disabilities  arising  from the fact of conviction from a board of
   43  parole or similar authority.  No person so convicted shall serve  as  an
   44  officer,  agent  or employee of such employer organization, welfare fund
   45  or trust unless such person has been so pardoned or has received such  a
   46  certificate of good  conduct.  No person, including such employer organ-
   47  ization,  welfare  fund  or trust, shall knowingly permit such convicted
   48  person to assume or hold any office, agency or employment  in  violation
   49  of this section.
   50    S 457. Exceptions to sections four hundred fifty-five and four hundred
   51  fifty-six  of  this  part for certain employees.  If upon application to
   52  the commission by an employee who has  been  convicted  of  a  crime  or
   53  offense  specified  in  section  four hundred fifty-five or section four
   54  hundred fifty-six of this part the commission, in its discretion, deter-
   55  mines in an order that it would not be  contrary  to  the  purposes  and
   56  objectives  of  the airport commission compact for such employee to work
       S. 3353--A                         82
    1  in a particular employment otherwise prohibited by section four  hundred
    2  fifty-five  or section four hundred fifty-six, the provisions of section
    3  four hundred fifty-five or section four hundred fifty-six, as  the  case
    4  may  be,  shall  not apply to the particular employment of such employee
    5  with respect to such conviction or convictions as are specified  in  the
    6  commission's  order.  This section is applicable only to those employees
    7  who for wages or salary perform manual, mechanical or physical work of a
    8  routine or clerical nature at the premises of  the  labor  organization,
    9  employer organization, welfare fund or trust by which they are employed.
   10    S 458. Civil penalties.  The commission may maintain a civil action on
   11  behalf  of  the  state  against  any  person who violates or attempts or
   12  conspires to violate any provision of this part or who fails,  omits  or
   13  neglects  to  obey, observe or comply with any order or direction of the
   14  commission issued under this part, to recover a  judgment  for  a  money
   15  penalty  not  exceeding five hundred dollars for each and every offense.
   16  Every violation of any such provision, order or  direction  shall  be  a
   17  separate  and  distinct  offense and, in case of a continuing violation,
   18  every day's continuance shall be and be deemed  to  be  a  separate  and
   19  distinct  offense.  Any  such  action  may be settled or discontinued on
   20  application of the commission upon such terms as the court  may  approve
   21  and  a  judgment  may  be  rendered  for  an amount less than the amount
   22  demanded in the complaint as justice may require.
   23    S 459. Civil enforcement.  The commission may maintain a civil  action
   24  against  any  person  to compel compliance with any of the provisions of
   25  this compact or any order or direction of the  commission  issued  under
   26  this  compact  or  to  prevent  violations,  attempts or conspiracies to
   27  violate any such provisions, or interference, attempts  or  conspiracies
   28  to  interfere  with  or impede the enforcement of any such provisions or
   29  the exercise or performance of any power or duty thereunder,  either  by
   30  mandamus,  injunction  or  action  or  proceeding in lieu of prerogative
   31  writ.
   32    S 460. Exemption from arrest and service of process.  If a  person  in
   33  obedience  to  a subpoena, issued pursuant to this part directing him to
   34  attend and testify comes into either state party to this part  from  the
   35  other  state, he shall not, while in that state pursuant to such subpoe-
   36  na, be subject to arrest or the service of process, civil  or  criminal,
   37  in  connection  with  matters  which arose before his entrance into such
   38  state under the subpoena.
   39    S 461. Nonresident witnesses.  Any investigation, interview  or  other
   40  proceeding  conducted  by  the  commission pursuant to the provisions of
   41  this compact shall be deemed to be a civil action pending in the supreme
   42  court in New York or in the superior court in New Jersey so as to permit
   43  the commission to obtain disclosure, in accordance with  the  provisions
   44  governing  disclosure  in such civil actions, from any person who may be
   45  outside the states.
   46    S 462. Officers and employees.  Any officer or employee in the  state,
   47  county  or municipal civil service in either state who shall transfer to
   48  service with the commission may be given one or more leaves  of  absence
   49  without  pay  and  may, before the expiration of such leave or leaves of
   50  absence, and without further examination or qualification, return to his
   51  former position or be certified by the appropriate civil service  agency
   52  for retransfer to a comparable position in such state, county, or munic-
   53  ipal civil service if such a position is then available.
   54    The  commission  may,  by agreement with any federal agency from which
   55  any officer or employee may transfer to  service  with  the  commission,
       S. 3353--A                         83
    1  make similar provision for the retransfer of such officer or employee to
    2  such federal agency.
    3    Notwithstanding  the  provisions of any other law in either state, any
    4  officer or employee in the state, county or municipal service in  either
    5  state  who  shall  transfer  to service with the commission and who is a
    6  member of any existing state, county or municipal pension or  retirement
    7  system  in  New  Jersey  or New York, shall continue to have all rights,
    8  privileges, obligations and status with respect to such fund, system  or
    9  systems  as if he had continued in his state, county or municipal office
   10  or employment, but during the period of his service as a member, officer
   11  or employee of the commission,  all  contributions  to  any  pension  or
   12  retirement  fund or system to be paid by the employer on account of such
   13  member, officer or employee, shall be  paid  by  the  commission.    The
   14  commission  may,  by agreement with the appropriate federal agency, make
   15  similar provisions relating to continuance of retirement system  member-
   16  ship for any federal officer or employee so transferred.
   17    S  463. Penalties.  Any person who shall violate any of the provisions
   18  of this compact, for which no other  penalty  is  prescribed,  shall  be
   19  guilty of a misdemeanor, punishable by a fine of not more than one thou-
   20  sand dollars or imprisonment for not more than one year or both.
   21    S  464. Short title.  This part shall be known and may be cited as the
   22  "Waterfront and airport commission act".
   23                                  ARTICLE V
   24                   APPROVAL OR VETO POWER OF THE GOVERNOR
   25  Section 500. Approval or veto power.
   26          501. Procurement.
   27          502. Effect of veto.
   28          503. Exception to reporting requirement.
   29    S 500. Approval or veto power.  Except as provided by this article, no
   30  action taken at any meeting of the port authority  by  any  commissioner
   31  appointed  from  the  state of New York shall have force or effect until
   32  the governor of the state of New  York  shall  have  an  opportunity  to
   33  approve  or veto the same under the provisions of article sixteen of the
   34  port compact or treaty entered into between the states of New  York  and
   35  New  Jersey,  dated April thirtieth, nineteen hundred and twenty-one and
   36  continued by subdivision four of section one hundred nine of this  chap-
   37  ter.
   38    S  501.  Procurement.    For the purpose of procuring such approval or
   39  veto, the secretary or other officer of the port authority in charge  of
   40  the minutes of the proceedings of that body shall transmit to the gover-
   41  nor  at  the executive chamber in Albany a certified copy of the minutes
   42  of every meeting of the port authority as soon after the holding of such
   43  meeting as such minutes can be written out.  The governor shall,  within
   44  ten  days,  Saturdays,  Sundays and public holidays excepted, after such
   45  minutes shall have been delivered at the executive chamber as aforesaid,
   46  cause the same to be returned to the  port  authority  either  with  his
   47  approval  or  with his veto of any action therein recited as having been
   48  taken by  any  commissioner  appointed  from  the  state  of  New  York,
   49  provided,  however,  that  if  the  governor  shall  not return the said
   50  minutes within the said period then at the expiration thereof any action
   51  therein recited will have full force and effect according to the wording
   52  thereof.
   53    S 502. Effect of veto.  If the governor within the said period returns
   54  the said minutes with a veto against the action of any commissioner from
       S. 3353--A                         84
    1  New York as recited therein, then such action of such commissioner shall
    2  be null and void.
    3    S  503. Exception to reporting requirement.  The governor may by order
    4  filed with the secretary of the port authority relieve the commissioners
    5  from the duty of procuring his approval of their action upon any partic-
    6  ular matter or class of matters, and thereupon the  secretary  or  other
    7  officer  in  charge of the minutes of the proceedings of that body shall
    8  be relieved from reporting the same to him.
    9                                 ARTICLE VI
   10                     BONDS ISSUED BY THE PORT AUTHORITY
   11  Section 601. Definitions.
   12          602. Motor truck terminals.
   13          603. Acquisition of real property for public use.
   14    S 601. Definitions. As used in this article:
   15    (a) "Port authority" means the port of New York authority  created  by
   16  the  compact of April thirtieth, nineteen hundred twenty-one and contin-
   17  ued by article I of this chapter, between the states of New York and New
   18  Jersey.
   19    (b) "Bonds legal for investment" means bonds or other  obligations  or
   20  securities  of the port authority, in which savings banks in both of the
   21  two said states are now or may hereafter be authorized to  invest  funds
   22  within their control.
   23    (c)  "Terminal and/or transportation facilities" means terminal and/or
   24  transportation facilities and shall have the same  meaning  as  subdivi-
   25  sions eleven and twelve of section one hundred four of this chapter.
   26    (d)  "Surplus  revenues" means, in the case of each terminal or trans-
   27  portation facility, the balance of the revenues therefrom  remaining  at
   28  any  time  currently  in  the  hands  of  the  port  authority after the
   29  deduction of the current expenses of the operation and maintenance ther-
   30  eof, including a proper proportion of the general expenses of  the  port
   31  authority, and after the deduction of any amounts which the port author-
   32  ity  may  or shall be obligated or may or shall have obligated itself to
   33  pay to or set aside out of the current revenues therefrom for the  bene-
   34  fit  of  the  holders  of  any bonds legal for investment, and after the
   35  deduction of any amounts currently due to the two said states on account
   36  of any advances made by the two said states to the port authority in aid
   37  of the effectuation of such terminal or transportation facility.
   38    S 602. Motor truck terminals.  The bonds or  other  obligations  which
   39  may  be  issued by the port authority from time to time to provide funds
   40  for the establishment, acquisition and  rehabilitation  of  motor  truck
   41  terminals  (by which are meant terminals consisting of one or more plat-
   42  forms, sheds, buildings, structures, facilities or  improvements  neces-
   43  sary,  convenient  or desirable in the opinion of the port authority for
   44  the accommodation of motor  trucks  for  the  loading  or  unloading  of
   45  freight  upon  or from motor trucks or the receipt, delivery, storage or
   46  handling of freight transported or to be transported by motor trucks  or
   47  the  interchange  or  transfer thereof between carriers) located at such
   48  point or points within the port of New York district as the port author-
   49  ity may deem to be desirable and in the  public  interest,  or  for  the
   50  acquisition of real or personal property in connection therewith, or for
   51  any  other  purpose  in  connection with the establishment, acquisition,
   52  construction, rehabilitation, maintenance or  operation  of  such  truck
   53  terminals  or any of them, are hereby made securities in which all state
   54  and municipal officers and bodies, all banks, bankers, trust  companies,
       S. 3353--A                         85
    1  savings  banks, building and loan associations, savings and loan associ-
    2  ations, investment companies and other persons  carrying  on  a  banking
    3  business,  all  insurance  companies,  insurance associations, and other
    4  persons carrying on an insurance business, and all administrators, exec-
    5  utors,  guardians, trustees and other fiduciaries, and all other persons
    6  whatsoever, who are now or may hereafter  be  authorized  to  invest  in
    7  bonds or other obligations of the state, may properly and legally invest
    8  any funds, including capital, belonging to them or within their control;
    9  and  said  obligations are hereby made securities which may properly and
   10  legally be deposited with and shall be received by any state or  munici-
   11  pal  officer or agency for any purpose for which the deposit of bonds or
   12  other obligations of this state is now or may hereafter be authorized.
   13    S 603. Acquisition of real property for  public  use.    If,  for  the
   14  purpose  of  effectuating,  acquiring,  constructing,  rehabilitating or
   15  improving any motor truck terminal, the port  authority  shall  find  it
   16  necessary  or convenient to acquire any real property, as herein defined
   17  in this state, whether for immediate or future use, the  port  authority
   18  may find and determine that such property, whether a fee simple absolute
   19  or a lesser interest, is required for public use, and upon such determi-
   20  nation,  the  said  property shall be and shall be deemed to be required
   21  for such public use until otherwise determined by the port authority.
   22    If the port authority is unable to agree for the  acquisition  of  any
   23  such  real  property  for any reason whatsoever, then the port authority
   24  may acquire and is hereby authorized to acquire such property, whether a
   25  fee simple absolute or a lesser interest, by the exercise of  the  right
   26  of  eminent  domain  under and pursuant to the provisions of the eminent
   27  domain procedure law.
   28    The power of the port authority to  acquire  real  property  hereunder
   29  shall  be a continuing power, and no exercise thereof shall be deemed to
   30  exhaust it.
   31    Anything in this article to the contrary notwithstanding, no  property
   32  now  or  hereafter  vested  in or held by the state or any county, city,
   33  borough, village, township or other municipality shall be taken  by  the
   34  port authority, without the authority or consent of the state or of such
   35  county,  city,  borough,  village,  township  or  other  municipality as
   36  provided in the compact of April thirty,  nineteen  hundred  twenty-one,
   37  between the states of New York and New Jersey and continued by article I
   38  of  this  chapter, nor shall anything herein impair or invalidate in any
   39  way any bonded indebtedness of the state, or such county, city, borough,
   40  village, township or other municipality, nor impair  the  provisions  of
   41  law  regulating  the  payment into sinking funds of revenue derived from
   42  municipal property, or dedicating the revenues  derived  from  municipal
   43  property,  to  a  specific  purpose.    Moreover, no property devoted to
   44  public use by any railroad or railway  corporation,  or  public  utility
   45  corporation,  or  by  any  other corporation, shall be taken by the port
   46  authority without the authority or consent of  such  corporation.    The
   47  port  authority  is  hereby authorized and empowered to acquire from any
   48  such county, city, borough, village, township or other municipality,  or
   49  from  any  other  public agency or commission having jurisdiction in the
   50  premises, or from any such corporation, by agreement therewith, and such
   51  county, city, borough, village, township, municipality,  public  agency,
   52  commission,  or  corporation,  notwithstanding any contrary provision of
   53  law, is hereby authorized and empowered to grant and convey upon reason-
   54  able terms and conditions any real property, which may be necessary  for
   55  the  establishment,  construction,  acquisition, rehabilitation, mainte-
       S. 3353--A                         86
    1  nance and operation of such truck terminals, including such real proper-
    2  ty as has already been devoted to a public use.
    3    The  port  authority and its duly authorized agents and employees may,
    4  in the case of land situate in the state of  New  York  subject  to  the
    5  provisions  of the eminent domain procedure law and in any other case as
    6  provided by law, enter upon any land in this state for  the  purpose  of
    7  making  such surveys, maps, or other examinations thereof as it may deem
    8  necessary or convenient for the purposes of this article.
    9    The term "real property" as used in this article is defined to include
   10  lands, structures, franchises and interests  in  land,  including  lands
   11  under  water  and  riparian  rights,  and  any and all things and rights
   12  usually included within the said term, and includes not only fees simple
   13  absolute but also any and  all  lesser  interests,  such  as  easements,
   14  rights  of way, uses, leases, licenses and all other incorporeal heredi-
   15  taments and every estate, interest or right, legal or equitable, includ-
   16  ing terms of years, and liens thereon by way of judgments, mortgages  or
   17  otherwise, and also claims for damages to real estate.
   18                                 ARTICLE VII
   19             PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM
   20  Section 701. Payment of a fair and reasonable sum.
   21          702. Acceptance of payment.
   22    S 701. Payment of a fair and reasonable sum. To the end that counties,
   23  cities, boroughs, villages, towns, townships and other municipalities in
   24  the  port  of  New York district, may not suffer undue loss of taxes and
   25  assessments by reason of the acquisition and ownership of property ther-
   26  ein by the port authority, the port authority is hereby  authorized  and
   27  empowered,  in  its  discretion,  to enter into a voluntary agreement or
   28  agreements with any county, city, borough, village,  town,  township  or
   29  other  municipality  in said port district, whereby it will undertake to
   30  pay a fair and reasonable sum or sums annually in  connection  with  any
   31  marine or inland terminal property owned by it, not in excess of the sum
   32  last  paid as taxes upon such property prior to the time of its acquisi-
   33  tion by the port authority.   Such payment or payments  which  the  port
   34  authority  is  hereby authorized and empowered to make, shall be in such
   35  amount or amounts and shall be payable at such time or times  and  under
   36  such  terms  and  conditions  as shall be agreed upon by and between the
   37  port authority and such county, city, village, borough,  town,  township
   38  or other municipality concerned.
   39    S 702. Acceptance  of  payment.  Every county, city, village, borough,
   40  town, township or other municipality in the port of  New  York  district
   41  aforesaid  is  hereby authorized and empowered to enter into such agree-
   42  ment or agreements with the port authority  to  accept  the  payment  or
   43  payments  which the port authority is hereby authorized and empowered to
   44  make.  The sums so received by any county, city, village, borough, town,
   45  township or other municipality shall be devoted  to  purposes  to  which
   46  taxes  may be applied, unless and until otherwise directed by the law of
   47  the state in which such municipality is located.
   48                                ARTICLE VIII
   49                    PAYMENT AND ACCEPTANCE OF A FAIR AND
   50                    REASONABLE SUM FOR A CHANGE IN GRADE
   51  Section 801. Change of grade.
       S. 3353--A                         87
    1    S 801. Change of grade. To the end that the owners of property in  the
    2  port  of New York district abutting upon streets, avenues or other high-
    3  ways, the grade of which will be changed by reason of  the  construction
    4  by  the port authority of any public improvement in the port of New York
    5  district,  may not suffer undue loss and injury by reason of such change
    6  of grade, the authority is  hereby  authorized  and  empowered,  in  its
    7  discretion, to enter into voluntary agreements with such abutting owners
    8  of property which is built upon or otherwise improved in conformity with
    9  the  grade  of any street, avenue or other highway established by lawful
   10  authority in the port of New York district, whereby it will undertake to
   11  pay a fair and reasonable sum to such abutting  owners  for  the  damage
   12  occasioned  by such change of grade to the buildings and improvements on
   13  such property. The term "owners" as used in this section  shall  include
   14  all  persons  having any estate, interest, or easement in such property,
   15  or any lien, charge or encumbrance  thereon.  Such  payments  which  the
   16  authority  is  hereby authorized and empowered to make, shall be in such
   17  amounts and shall be payable at such times  and  under  such  terms  and
   18  conditions as shall be agreed upon by and between the authority and such
   19  owners concerned.
   20                                 ARTICLE IX
   21          THE SALE OF REAL PROPERTY ACQUIRED BY THE PORT AUTHORITY
   22  Section 901. Procedure.
   23          902. Conveyances.
   24    S  901. Procedure. Whenever the port authority shall determine to sell
   25  any real property which may have been acquired by the port authority  by
   26  purchase,  condemnation  or otherwise, pursuant to any of its powers and
   27  authorities, but which real property is  no  longer  required  for  such
   28  purposes, the following procedure shall be followed:
   29    1. A map shall be made of such real property so determined as no long-
   30  er required, which map shall be filed in the office of the port authori-
   31  ty.
   32    2.  There  shall  be annexed to such map a certificate executed by the
   33  chief engineer of the port authority stating that such real property  is
   34  no longer required for such purposes.
   35    3.  All  or  any  portion  of said real property may be sold at either
   36  private or public sale, and all deeds of conveyance therefor shall be by
   37  bargain and sale and shall be executed by  the  chairman,  or  the  vice
   38  chairman, or the general manager, or an assistant general manager of the
   39  port authority and attested by the secretary thereof.
   40    S 902. Conveyances. The validity of all conveyances heretofore made by
   41  the port authority is hereby ratified and confirmed.
   42                                  ARTICLE X
   43                       MONEYS FOR PRELIMINARY STUDIES
   44  Section 1001. Moneys advanced.
   45          1002. Delivery of bonds and/or moneys.
   46          1003. Direct and general obligations of the port authority.
   47          1004. Securities.
   48          1005. Initial reimbursement of moneys advanced by the states.
   49          1006. Further reimbursement of moneys advanced by the states.
   50          1007. Deposit of bonds or moneys by the comptroller.
   51    S 1001. Moneys advanced.  The states of New York and New Jersey having
   52  heretofore  advanced  sums  aggregating one hundred forty-nine thousand,
       S. 3353--A                         88
    1  nine hundred eighteen dollars and twenty cents  and  one  hundred  fifty
    2  thousand  dollars,  respectively,  to the port authority for preliminary
    3  studies upon the interstate vehicular bridges now known  as  the  Outer-
    4  bridge crossing, the Goethals bridge and the Bayonne bridge, pursuant to
    5  agreements  between  the two states that said moneys should be paid back
    6  when the construction debt has  been  amortized,  and  said  two  states
    7  having  advanced  further  sums aggregating four million dollars each in
    8  aid of the construction of said bridges pursuant to  agreements  between
    9  the two states that said moneys should be paid back out of bridge reven-
   10  ues  in  specified  annual  installments,  if and when earned over prior
   11  charges, and the revenues from said bridges having been insufficient  to
   12  permit  any  such payments up to the present time but the port authority
   13  being in a position to fund its obligations to pay back  said  appropri-
   14  ations,  now, therefore, upon the concurrence of the state of New Jersey
   15  as provided in section eight hereof, the states  of  New  York  and  New
   16  Jersey  hereby  agree  that the obligations of the port authority to pay
   17  back said moneys may be satisfied and discharged by the delivery to  the
   18  two states of bonds or moneys, or both, in an aggregate principal amount
   19  equal to said appropriations, as hereinafter provided.
   20    S  1002.  Delivery of bonds and/or moneys.  Bonds, or moneys, or both,
   21  in an aggregate principal amount of two million fifty  thousand  dollars
   22  shall  be  delivered to each state within three months after the date on
   23  which chapter 352 of the laws of 1946 and the concurrent article of  the
   24  state of New Jersey take effect. Within fifteen months after the date on
   25  which  chapter 352 of the laws of 1946 and the concurrent article of the
   26  state of New Jersey take effect, an additional two  million  ninety-nine
   27  thousand  nine  hundred  eighteen  dollars and twenty cents in aggregate
   28  principal amount of bonds or moneys, or both, shall be delivered to  the
   29  state  of  New  York  and an additional two million one hundred thousand
   30  dollars in aggregate principal amount of bonds, or moneys, or both shall
   31  be delivered to the state of New Jersey provided, that if, in the  opin-
   32  ion of the commissioners of the port authority, financial conditions are
   33  such as to make it desirable to postpone such delivery, then delivery of
   34  said  additional  amounts  shall  be postponed in whole or in part until
   35  such time, not later than five years from the effective date of  chapter
   36  352 of the laws of 1946, as in the judgment of said commissioners finan-
   37  cial conditions permit such delivery.
   38    The  port  authority shall determine whether payments made pursuant to
   39  this article and the concurrent article of the state of New Jersey shall
   40  be made by delivery of bonds or of moneys, or both,  and,  if  both,  in
   41  what  proportions.  The moneys may, at the option of the port authority,
   42  be paid in cash or by check. Delivery of bonds or moneys to the state of
   43  New York shall be made by delivering or tendering  delivery  thereof  to
   44  the  comptroller of the state of New York at his office at Albany during
   45  regular business hours. Delivery of bonds or moneys to the state of  New
   46  Jersey  shall be made by delivering or tendering delivery thereof to the
   47  state treasurer at his office at Trenton during regular business hours.
   48    S 1003. Direct and general obligations of the  port  authority.    The
   49  bonds  delivered  to  the  two  states  pursuant to this article and the
   50  concurrent article of the state of New Jersey shall be direct and gener-
   51  al obligations of the port authority, and  its  full  faith  and  credit
   52  shall  be  pledged  for the prompt payment of the principal and interest
   53  thereof. The payment of the principal  and  interest  thereof  shall  be
   54  secured by the general reserve fund of the port authority, authorized by
   55  chapter  forty-eight  of  the  laws  of New York of nineteen hundred and
   56  thirty-one and continued by article XXX of  this  chapter,  and  chapter
       S. 3353--A                         89
    1  five  of  the laws of New Jersey of nineteen hundred and thirty-one; and
    2  said general reserve fund shall be pledged as security for  the  payment
    3  of  the  principal and interest of said bonds and for the fulfillment of
    4  other  undertakings  assumed by the port authority to or for the benefit
    5  of the holders of said bonds. Such pledge, however, shall be subject  to
    6  the  right  of the port authority to pledge said general reserve fund as
    7  security for any other bonds, notes or evidences of indebtedness whatso-
    8  ever hereafter issued by the authority as security for which it  may  at
    9  the time be authorized to pledge the said general reserve fund, and also
   10  subject  to  the  right  of the port authority to use the moneys in said
   11  general reserve fund to meet, pay or otherwise fulfill any of its  obli-
   12  gations  under or in connection with any bonds, notes or other evidences
   13  of indebtedness as security for which  said  general  reserve  fund  has
   14  heretofore been or is now pledged or for which said general reserve fund
   15  may  hereafter  be  pledged.  Moreover,  no greater rights in or to said
   16  general reserve fund shall be granted to or conferred upon  the  holders
   17  of  the  bonds  delivered to the two states pursuant to this article and
   18  the concurrent article of the state of New Jersey than have been granted
   19  to and conferred upon the holders of general and refunding bonds of  the
   20  port  authority  issued pursuant to the resolution of the port authority
   21  adopted March eighteenth, nineteen hundred and thirty-five, and  amended
   22  March  twenty-fifth,  nineteen  hundred  and  thirty-five  and September
   23  sixteenth, nineteen hundred and forty-three.
   24    The bonds delivered to the two states pursuant to chapter 352  of  the
   25  laws of 1946 and continued by this article and the concurrent article of
   26  the state of New Jersey shall be dated as of a date not more than thirty
   27  days subsequent to the date on which delivery is made or tendered, shall
   28  mature  forty years from their date, and shall bear interest at the rate
   29  of one and one-half per centum per annum. Said bonds shall be subject to
   30  redemption at the option of the port authority, in whole or in part,  on
   31  any  interest  payment date or dates at one hundred percent of their par
   32  value, plus accrued interest to the date set for redemption.
   33    Except as  hereinbefore  specifically  provided,  the  port  authority
   34  shall,  by resolution, determine the form, characteristics and all other
   35  matters in connection with said bonds, including  without  limiting  the
   36  generality  hereof,  the  denominations  in  which they shall be issued,
   37  provisions with respect to the exchange of  bonds  of  one  denomination
   38  into bonds of another denomination, provisions with respect to the issu-
   39  ance  of  temporary bonds and the exchange thereof for definitive bonds,
   40  provisions with respect to the establishment of a sinking fund or  sink-
   41  ing  funds  and for the use of the moneys in sinking fund to purchase or
   42  redeem bonds prior to their maturity, provisions  with  respect  to  the
   43  place  of  payment,  provisions  with  respect  to notice of redemption,
   44  provisions with respect  to  the  paying  agent  or  the  registrar  and
   45  provisions with respect to the method of signature.
   46    S  1004.  Securities.    The  bonds delivered by the port authority to
   47  either or both states pursuant to this article and the concurrent  arti-
   48  cle  of the state of New Jersey, and any bonds, notes or other evidences
   49  of indebtedness issued by the authority to provide moneys with which  to
   50  make  payments to either or both states pursuant to this article and the
   51  concurrent article of the state of New Jersey, are hereby  made  securi-
   52  ties  in  which  all  state  and  municipal  officers and bodies of both
   53  states, all banks, bankers, trust companies, savings banks, building and
   54  loan associations, savings and loan associations,  investment  companies
   55  and  other  persons carrying on a banking business, all insurance compa-
   56  nies, insurance associations and other persons carrying on an  insurance
       S. 3353--A                         90
    1  business,  and  all  administrators,  executors, guardians, trustees and
    2  other fiduciaries, and all other persons whatsoever, who are now or  may
    3  hereafter  be  authorized  by  either  state to invest in bonds or other
    4  obligations  of  such  state, may properly and legally invest any funds,
    5  including capital, belonging to them or within their control;  and  said
    6  obligations are hereby made securities which may properly and legally be
    7  deposited  with  and shall be received by any state or municipal officer
    8  or agency of either state for any purpose for which the deposit of bonds
    9  or other obligations of such state is now or may  hereafter  be  author-
   10  ized.
   11    S  1005.  Initial reimbursement of moneys advanced by the states.  The
   12  first two million fifty thousand dollars paid to each state pursuant  to
   13  this article and the concurrent article of the state of New Jersey shall
   14  be  deemed  to  be  on  account of the moneys advanced by such state for
   15  preliminary studies upon and in aid of the construction of  the  Bayonne
   16  bridge  (formerly known as the Kill von Kull bridge); and from and after
   17  the date on which the port authority shall have delivered to each  state
   18  pursuant  to this article and the concurrent article of the state of New
   19  Jersey, bonds or moneys or both in the aggregate principal amount of two
   20  million fifty thousand dollars, the duty  and  obligation  of  the  port
   21  authority to pay back to the two states the moneys advanced for prelimi-
   22  nary studies upon and in aid of the construction of said bridge by chap-
   23  ter two hundred seventy-nine of the laws of New York of nineteen hundred
   24  and  twenty-six, chapter ninety-seven of the laws of New Jersey of nine-
   25  teen hundred and twenty-five, chapter three hundred of the laws  of  New
   26  York  of nineteen hundred and twenty-seven and chapter three of the laws
   27  of New Jersey of nineteen hundred and twenty-seven,  together  with  the
   28  claims  of  the two states and of each of them for such repayment, shall
   29  be and shall be deemed to be fully satisfied  and  discharged,  and  any
   30  lien  or  claim  of  the two states or either of them upon the tolls and
   31  revenues of the said bridge arising out of,  under  or  because  of  the
   32  aforesaid  statutes  shall be and shall be deemed to be void and without
   33  force or effect.
   34    S 1006. Further reimbursement of moneys advanced by the states.  After
   35  the payment of the first two million  fifty  thousand  dollars  to  each
   36  state,  the  further amounts paid to each state pursuant to this article
   37  and the concurrent article of the state of New Jersey shall be deemed to
   38  be on account of the moneys  advanced  by  such  state  for  preliminary
   39  studies  upon and in aid of the construction of the Outerbridge crossing
   40  (formerly known as the Perth Amboy-Tottenville bridge) and the  Goethals
   41  bridge  (formerly  known as the Elizabeth-Howland Hook bridge); and from
   42  and after the date on which pursuant to this article and the  concurrent
   43  article  of the state of New Jersey the port authority shall have deliv-
   44  ered bonds or moneys, or both, to the state of New York in the aggregate
   45  principal amount of two million ninety-nine thousand nine hundred  eigh-
   46  teen  dollars  and  twenty  cents  and to the state of New Jersey in the
   47  aggregate principal amount of two million one hundred thousand  dollars,
   48  in each case in addition to the first two million fifty thousand dollars
   49  paid to such state under and pursuant to this article and the concurrent
   50  article  of the state of New Jersey, then the duty and obligation of the
   51  port authority to pay back to the two states  the  moneys  advanced  for
   52  preliminary  studies  upon  and  in  aid of the construction of said two
   53  bridges by chapters one hundred eighty-six and two hundred thirty of the
   54  laws of New York of nineteen hundred twenty-four, chapters  one  hundred
   55  twenty-five  and  one  hundred  forty-nine  of the laws of New Jersey of
   56  nineteen hundred twenty-four, chapter two hundred ten of the laws of New
       S. 3353--A                         91
    1  York of nineteen hundred twenty-five and  chapter  thirty-seven  of  the
    2  laws  of  New  Jersey of nineteen hundred twenty-five, together with the
    3  claims of the two states and of each of them for such  repayment,  shall
    4  be  and  shall  be  deemed to be fully satisfied and discharged, and any
    5  lien or claim of the two states or either of them  upon  the  tolls  and
    6  revenues  of said bridges arising out of, under or because of the afore-
    7  said statutes shall be and shall be deemed to be void and without  force
    8  or effect.
    9    S  1007.  Deposit of bonds or moneys by the comptroller.  All bonds or
   10  moneys, or both, delivered by the port authority to the  comptroller  of
   11  the state of New York pursuant to this article shall be deposited by him
   12  in the post-war reconstruction fund in the state treasury.
   13                                 ARTICLE XI
   14                             MOTOR BUS TERMINAL
   15  Section 1101. Establishment.
   16          1102. Funding.
   17          1103. Maintenance and operation.
   18          1104. Powers.
   19          1105. Acquisition of real property.
   20    S  1101.  Establishment.    Upon  the  concurrence of the state of New
   21  Jersey, the states of New York and New  Jersey  hereby  agree  that  the
   22  moneys  in the general reserve fund of the port authority, authorized by
   23  chapter forty-eight of the laws of New York of one thousand nine hundred
   24  thirty-one and chapter five of the laws of New Jersey  of  one  thousand
   25  nine  hundred thirty-one, as amended, may be pledged in whole or in part
   26  by the port authority as security for or applied by it to the  repayment
   27  with  interest  of  any  moneys  which it may raise upon bonds, notes or
   28  other obligations or evidences of indebtedness, issued by it  from  time
   29  to time to provide funds for the establishment, acquisition or rehabili-
   30  tation  of a motor bus terminal (by which is meant a terminal consisting
   31  of one or more buildings, structures, improvements, loading or unloading
   32  areas, parking areas  or  other  facilities,  necessary,  convenient  or
   33  desirable  in the opinion of the port authority for the accommodation of
   34  omnibuses and other motor vehicles operated by carriers engaged  in  the
   35  transportation of passengers, or for the loading, unloading, interchange
   36  or  transfer  of  such passengers or their baggage, or otherwise for the
   37  accommodation, use or convenience of such passengers or such carriers or
   38  their employees) or for purposes  incidental  thereto;    and  that  the
   39  moneys in said general reserve fund may be applied by the port authority
   40  to  the  fulfillment of any other undertakings which it may assume to or
   41  for the benefit of the holders of any of such bonds;  and the  two  said
   42  states further agree that the port authority may acquire by condemnation
   43  or  the  right  of eminent domain such real property in each state as it
   44  may from time to time deem necessary  for  or  in  connection  with  the
   45  establishment,  acquisition  and rehabilitation of such motor bus termi-
   46  nal.
   47    S 1102. Funding.  The bonds, notes or other obligations  or  evidences
   48  of  indebtedness  issued  by the port authority to provide funds for the
   49  establishment, acquisition and rehabilitation of such motor bus terminal
   50  are hereby made securities in which all state and municipal officers and
   51  bodies of both states, all  banks,  bankers,  trust  companies,  savings
   52  banks,  building  and  loan associations, savings and loan associations,
   53  investment companies and other persons carrying on a  banking  business,
   54  all insurance companies, insurance associations and other persons carry-
       S. 3353--A                         92
    1  ing on an insurance business, and all administrators, executors, guardi-
    2  ans,  trustees  and other fiduciaries, and all other persons whatsoever,
    3  who are now or may hereafter be authorized by either state to invest  in
    4  bonds  or  other  obligations  of  such  state, may properly and legally
    5  invest any funds, including capital, belonging to them or  within  their
    6  control; and said obligations are hereby made securities which may prop-
    7  erly and legally be deposited with and shall be received by any state or
    8  municipal  officer  or  agency of either state for any purpose for which
    9  the deposit of bonds or other obligations of such state is  now  or  may
   10  hereafter be authorized.
   11    S 1103. Maintenance and operation.  The establishment, maintenance and
   12  operation  of  such  motor  bus  terminal  within  the  port of New York
   13  district is and will be in all respects for the benefit of the people of
   14  the states of New York  and  New  Jersey,  for  the  increase  of  their
   15  commerce  and  prosperity  and  for  the improvement of their health and
   16  living conditions; and the port authority shall be regarded as  perform-
   17  ing  an essential governmental function in undertaking the construction,
   18  maintenance and operation thereof and in carrying out the provisions  of
   19  law relating thereto.
   20    S  1104.  Powers.    Any  powers granted to the port authority by this
   21  article and the concurrent act of the  state  of  New  Jersey  shall  be
   22  regarded  as  in aid of and supplemental to and in no sense as a limita-
   23  tion upon any of the other powers vested in it  by  the  two  states  or
   24  either  of  them; and the port authority shall be authorized not only to
   25  establish, acquire, rehabilitate, maintain, operate  and  from  time  to
   26  time  improve  such motor bus terminal, but also to make incidental uses
   27  of properties acquired for or in connection with such motor  bus  termi-
   28  nal.
   29    S 1105. Acquisition of real property.  If, for the purpose of effectu-
   30  ating,  acquiring,  constructing, rehabilitating or improving such motor
   31  bus terminal, the port authority shall find it necessary  or  convenient
   32  to  acquire any real property, as herein defined, in this state, whether
   33  for immediate or future use, the port authority may find  and  determine
   34  that  such property, whether a fee simple absolute or a lesser interest,
   35  is required for public use, and upon such determination, the said  prop-
   36  erty  shall  be  and  shall be deemed to be required for such public use
   37  until  otherwise  determined  by  the  port  authority;  and  with   the
   38  exceptions  hereinafter specifically noted, the said determination shall
   39  not be affected by the fact that  such  property  has  theretofore  been
   40  taken  for,  or  is then devoted to, a public use; but the public use in
   41  the hands or under the control of the port  authority  shall  be  deemed
   42  superior to the public use in the hands of any other person, association
   43  or corporation.
   44    If  the  port  authority is unable to agree for the acquisition of any
   45  such real property for any reason whatsoever, then  the  port  authority
   46  may  acquire and is hereby authorized to acquire such property whether a
   47  fee simple absolute or a lesser interest, by the exercise of  the  right
   48  of  eminent  domain  under and pursuant to the provisions of the eminent
   49  domain procedure law.
   50    Anything in this article to the contrary notwithstanding, no  property
   51  now  or  hereafter  vested  in or held by the state or any county, city,
   52  borough, village, township or other municipality shall be taken  by  the
   53  port authority, without the authority or consent of the state or of such
   54  county,  city,  borough,  village,  township,  or  other municipality as
   55  provided in the compact of April thirtieth, nineteen hundred  twenty-one
   56  and  continued  by  article I of this chapter, between the states of New
       S. 3353--A                         93
    1  York and New Jersey, nor shall anything herein impair or  invalidate  in
    2  any  way  any  bonded  indebtedness  of the state, or such county, city,
    3  borough,  village,  township  or  other  municipality,  nor  impair  the
    4  provisions  of  law regulating the payment into sinking funds of revenue
    5  derived from municipal property, or dedicating the revenues derived from
    6  municipal property to a specific purpose. The port authority  is  hereby
    7  authorized and empowered to acquire from any such county, city, borough,
    8  village, township or other municipality, or from any other public agency
    9  or  commission  having jurisdiction in the premises, by agreement there-
   10  with, and such county, city, borough, village,  township,  municipality,
   11  public  agency  or commission, notwithstanding any contrary provision of
   12  law, is hereby authorized and empowered to grant and convey upon reason-
   13  able terms and conditions, any real property, which may be necessary for
   14  the establishment, construction, acquisition, rehabilitation,  operation
   15  and maintenance of such motor bus terminal, including such real property
   16  as has already been devoted to a public use.
   17    The  port  authority  and its duly authorized agents and employees may
   18  pursuant to the provisions of the eminent  domain  procedure  law  enter
   19  upon  any  land  in  this  state for the purpose of making such surveys,
   20  maps, or other examination thereof as it may deem necessary  or  conven-
   21  ient for the purposes of this article.
   22    The term "real property" as used in this article is defined to include
   23  lands,  structures,  franchises  and  interests in land, including lands
   24  under water and riparian rights, and  any  and  all  things  and  rights
   25  usually included within the said term, and includes not only fees simple
   26  absolute  but  also  any  and  all  lesser interests, such as easements,
   27  rights of way, uses, leases, licenses and all other incorporeal  heredi-
   28  taments and every estate, interest or right, legal or equitable, includ-
   29  ing  terms of years, and liens thereon by way of judgments, mortgages or
   30  otherwise, and also claims for damages to real estate.
   31                                 ARTICLE XII
   32                              MARINE TERMINALS
   33  Section 1201. Authorization.
   34          1202. Restrictions.
   35          1203. Definitions.
   36          1204. Municipality consent; legal process.
   37          1205. Agreement between the states.
   38          1206. Acquisition of land by eminent domain or condemnation.
   39          1207. Unappropriated lands.
   40          1208. Funding; bonds.
   41    S 1201. Authorization.   Upon the concurrence  of  the  state  of  New
   42  Jersey,  the states of New York and New Jersey hereby agree that munici-
   43  palities, as hereinafter defined, located within the Port  of  New  York
   44  district  shall  be and they hereby are authorized to cooperate with the
   45  Port Authority in the development of marine terminals, and the two  said
   46  states further agree that the state of New Jersey may authorize the Port
   47  Authority  to  acquire  by  condemnation or the exercise of the right of
   48  eminent domain real property in  the  state  of  New  Jersey  necessary,
   49  convenient or desirable for marine terminal purposes, under and pursuant
   50  to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the
   51  option of the Port Authority, pursuant to such other or alternate proce-
   52  dure  as may be provided by law by such state, and that the state of New
   53  York may authorize the Port Authority to acquire real  property  in  the
   54  state of New York necessary, convenient or desirable for marine terminal
       S. 3353--A                         94
    1  purposes, under and pursuant to the eminent domain procedure law of that
    2  state,  or at the option of the Port Authority pursuant to such other or
    3  alternate procedure as may be provided by law by such state.
    4    S  1202.  Restrictions. Nothing herein contained shall be construed to
    5  authorize the Port Authority to acquire any  marine  terminal  owned  or
    6  operated  by  any  municipality  or  any other property now or hereafter
    7  vested in or held by any municipality, without the authority or  consent
    8  of  such  municipality  as  provided  in the compact of April thirtieth,
    9  nineteen hundred twenty-one and continued by article I of this  chapter,
   10  between the states of New York and New Jersey, nor shall anything herein
   11  impair or invalidate in any way any bonded indebtedness of the state, or
   12  any  municipality,  nor  impair  the  provisions  of  law regulating the
   13  payment into sinking funds of revenue derived from  municipal  property,
   14  or dedicating the revenues derived from municipal property to a specific
   15  purpose.
   16    S 1203. Definitions.  The following terms as used herein shall mean:
   17    1.  "Marine  terminals"  shall mean developments, consisting of one or
   18  more piers, wharves, docks, bulkheads, slips,  basins,  vehicular  road-
   19  ways,  railroad  connections,  side  tracks, sidings or other buildings,
   20  structures, facilities or improvements, necessary or convenient  to  the
   21  accommodation  of  steamships  or  other  vessels  and  their cargoes or
   22  passengers and shall also mean  waterfront  development  projects.    It
   23  shall  also  include  such  highway projects in the vicinity of a marine
   24  terminal providing improved access to such marine terminal as  shall  be
   25  designated in legislation adopted by the two states. Notwithstanding any
   26  contrary provision of law, general, special or local, it shall also mean
   27  railroad  freight projects related or of benefit to a marine terminal or
   28  which are necessary, convenient or desirable in the opinion of the  port
   29  authority  for  the  protection or promotion of the commerce of the port
   30  district, consisting of railroad freight  transportation  facilities  or
   31  railroad  freight  terminal facilities;  and any equipment, improvement,
   32  structure or facility or any land, and any building, structure, facility
   33  or other improvement thereon, or any combination thereof, and  all  real
   34  and  personal  property  in  connection therewith or incidental thereto,
   35  deemed necessary or desirable in the  opinion  of  the  port  authority,
   36  whether or not now in existence or under construction, for the undertak-
   37  ing of such railroad freight projects.
   38    2.  "Marine terminal purposes" shall mean the effectuation, establish-
   39  ment, acquisition, construction,  rehabilitation,  improvement,  mainte-
   40  nance or operation of marine terminals.
   41    3.  "Municipality"  shall mean a county, city, borough, village, town-
   42  ship, town, public agency, public authority or political subdivision.
   43    4. "Real property" shall mean lands, structures, franchises and inter-
   44  ests in land, including waters, lands under water and  riparian  rights,
   45  and any and all things and rights usually included within the said term,
   46  and  includes  not only fees simple absolute but also any and all lesser
   47  interests, including but not limited to easements, rights-of-way,  uses,
   48  leases,  licenses  and  all  other  incorporeal  hereditaments and every
   49  estate, interest or right, legal or equitable, including terms for years
   50  and liens thereon by way or judgments, mortgages or otherwise.
   51    5. "Waterfront development projects" shall mean projects for the revi-
   52  talization and economic development of waterfront property which is  (a)
   53  not  in  use for the handling of water-borne cargoes, or (b) directly or
   54  indirectly related to the water-borne movement of passengers  and  their
   55  vehicles.    Such  projects  shall include but not be limited to hotels,
   56  marinas, commercial offices, including the installation of a fiber optic
       S. 3353--A                         95
    1  cable within its  boundaries,  or  facilities  which  serve  conference,
    2  convention,  recreation  or entertainment purposes or are retail service
    3  establishments, parking, technical, satellite antenna, similar  communi-
    4  cation  or  other facilities related to any of the foregoing and associ-
    5  ated improvements necessary to provide public access to such  waterfront
    6  development  projects.  Notwithstanding the above, a waterfront develop-
    7  ment project authorized by this article shall not contain any technical,
    8  satellite antenna or similar  telecommunications  facility  unless  such
    9  facility  is  directly  used  by, and for the sole benefit of, end users
   10  located on the site of the project. Furthermore, no port authority money
   11  shall be used directly or indirectly in the financing or construction of
   12  said telecommunications facility.
   13    S 1204. Municipality consent; legal process.   1. Notwithstanding  any
   14  contrary  provision  of law, any municipality located within the Port of
   15  New York district is authorized and empowered to consent to the  use  by
   16  the  Port Authority of any marine terminal owned by such municipality or
   17  of any real or personal property owned by such municipality  and  neces-
   18  sary,  convenient  or desirable in the opinion of the Port Authority for
   19  marine terminal purposes, including such real property  as  has  already
   20  been  devoted  to  a  public use, and as an incident to such consent, to
   21  grant, convey, lease or otherwise transfer to  the  Port  Authority  any
   22  such  marine  terminal  or real or personal property, upon such terms as
   23  may be determined by the Port Authority and such  municipality.    Every
   24  such  municipality  is also authorized and empowered to vest in the Port
   25  Authority the control, operation, maintenance, rents, tolls, charges and
   26  any and all other revenues of any marine  terminal  now  owned  by  such
   27  municipality,  the title to such marine terminal remaining in such muni-
   28  cipality.  Such consent shall be given, and the execution of any  agree-
   29  ment,  deed,  lease,  conveyance  or  other  instrument  evidencing such
   30  consent or given as an incident  thereto  shall  be  authorized  in  the
   31  manner provided in article twenty-two of the compact of April thirtieth,
   32  nineteen  hundred  twenty-one  between  the two states creating the Port
   33  Authority and continued by subdivision 2 of section 104 of this chapter.
   34    2. The states of New York and New  Jersey  hereby  consent  to  suits,
   35  actions or proceedings of any form or nature in law, equity or otherwise
   36  by  any municipality against the Port Authority upon, in connection with
   37  or arising out of any such agreement,  agreements  or  any  modification
   38  thereof or supplement thereto, for the following types of relief and for
   39  such purposes only:
   40    (a) for money damages for breach thereof;
   41    (b)  for  money  damages for torts arising out of the operation of the
   42  municipal marine terminal;
   43    (c) for rent;
   44    (d) for specific performance;
   45    (e) for reformation thereof;
   46    (f) for an accounting;
   47    (g) For declaratory judgment;
   48    (h) for judgments, orders or decrees restraining or enjoining the Port
   49  Authority from transferring title to real property to third  persons  in
   50  cases  where  it  has contracted with such municipality to transfer such
   51  title to such municipality; and
   52    (i) for judgments, orders or decrees restraining or enjoining the Port
   53  Authority from committing or continuing to commit other breaches of such
   54  agreements with such municipality, provided that such judgment, order or
   55  decree shall not be entered except upon two days' prior  written  notice
   56  to  the  Port  Authority  of  the  proposed  entry  thereof and provided
       S. 3353--A                         96
    1  further, that upon an appeal taken by the Port Authority from such judg-
    2  ment, order or decree the service of the notice of appeal shall  perfect
    3  the  appeal  and  shall  stay  the  execution of such judgment, order or
    4  decree appealed from, without an undertaking or other security.
    5    3.  When  rules  of  venue are applicable, the venue of any such suit,
    6  action or proceeding shall be laid in the county or judicial district in
    7  which the marine terminal, which is the subject matter of such agreement
    8  between the Port Authority and such municipality, or any  part  thereof,
    9  is located.
   10    4.  If any clause, sentence, paragraph, or part of this subdivision or
   11  the application thereof to any person or circumstances, shall,  for  any
   12  reason,  be adjudged by a court of competent jurisdiction to be invalid,
   13  such judgment shall not affect, impair, or invalidate the  remainder  of
   14  this  subdivision,  and  the  application thereof to any other person or
   15  circumstances, but shall be confined in its  operation  to  the  clause,
   16  sentence, paragraph or part thereof directly involved in the controversy
   17  in  which  such  judgment  shall have been rendered and to the person or
   18  circumstances involved.
   19    S 1205. Agreement between the states.  This section and the  preceding
   20  sections  hereof  constitute an agreement between the states of New York
   21  and New Jersey supplementary to the compact between the two states dated
   22  April thirtieth, nineteen hundred twenty-one, and amendatory thereof and
   23  continued by article I of this chapter and shall be liberally  construed
   24  to effectuate the purposes of said compact and of the comprehensive plan
   25  heretofore  adopted  by  the two states pursuant thereto, and the powers
   26  vested in the Port Authority hereby shall be construed to be in  aid  of
   27  and  supplemental  to  and not in limitation or derogation of any of the
   28  powers heretofore conferred upon or delegated to the Port Authority.
   29    S 1206.  Acquisition  of  land  by  eminent  domain  of  condemnation.
   30  Subject  to the limitation provided for in section twelve hundred two of
   31  this article that the Port Authority may not acquire any marine terminal
   32  owned or operated by any municipality or any other property vested in or
   33  held by any municipality without the authority or consent of such  muni-
   34  cipality,  the  Port Authority may, at its option, exercise the right of
   35  eminent domain or condemnation to acquire real property in the state  of
   36  New York for marine terminal purposes as set forth in this section:
   37    1.  If  for  any  of the purposes of this article (including temporary
   38  construction purposes, and  the  making  of  additions,  extensions,  or
   39  improvements to marine terminals already constructed) the Port Authority
   40  shall  find  it  necessary,  convenient or desirable to acquire any real
   41  property as herein defined, whether for immediate  or  future  use,  the
   42  Port  Authority may find and determine that such property, whether a fee
   43  simple absolute or a lesser interest, is required for a public use,  and
   44  upon  such  determination,  the said real property shall be and shall be
   45  deemed to be required for such public use until otherwise determined  by
   46  the Port Authority;  and, subject to the limitation hereinbefore specif-
   47  ically  noted,  the said determination shall not be affected by the fact
   48  that such property has theretofore been taken for, or  is  then  devoted
   49  to,  a public use;  but the public use in the hands or under the control
   50  of the Port Authority shall be deemed superior to the public use in  the
   51  hands  of any other person, association or corporation, provided, howev-
   52  er, that nothing herein contained  shall  be  construed  to  permit  the
   53  taking  by exercise of the right of eminent domain by the Port Authority
   54  of any property owned by any railroad or railway corporation and devoted
   55  to use by such corporation in its operations, or acquired prior  to  the
       S. 3353--A                         97
    1  effective  date  of  this  article  and  held  for such use, without the
    2  authority or consent of such corporation.
    3    The  Port  Authority  may  acquire and is hereby authorized to acquire
    4  such property, whether a fee simple absolute or a  lesser  interest,  by
    5  the  exercise  of  the right of eminent domain under and pursuant to the
    6  provisions of the eminent domain procedure law of the state of New York.
    7    2. Unless and until the state of New York otherwise provides  by  law,
    8  the  Port Authority shall not have the power to acquire real property in
    9  the state of New York for marine terminal purposes  by  condemnation  or
   10  the  right  of  eminent  domain  except for real property within the two
   11  tracts in the borough of Brooklyn, county of Kings, city  and  state  of
   12  New  York,  hereinafter  bounded and described, necessary, convenient or
   13  desirable, in the opinion of the Port  Authority,  for  the  purpose  of
   14  making  additions,  extensions  or  improvements  to  the Port Authority
   15  marine terminal known as the Brooklyn-Port Authority piers:
   16    (a) TRACT I
   17    BEGINNING at a point formed by the intersection of the  centerline  of
   18  Fulton  Street  and  the  centerline of Furman Street running thence (1)
   19  southwesterly along the centerline of Furman Street to the northeasterly
   20  side of Joralemon Street;  thence (2) northwesterly along the northeast-
   21  erly side of Joralemon Street three hundred twenty five and  twenty-five
   22  one  hundredths  feet more or less, to the point of intersection of said
   23  northeasterly side of Joralemon Street with the  southeasterly  boundary
   24  of  the  land granted by the people of the state of New York to New York
   25  Dock Company by grant dated April 1, 1902 and recorded in the office  of
   26  the  Regster of Kings county on April 19, 1902 in liber 16, section 1 of
   27  conveyances, page 52; thence (3) southwesterly along said  southeasterly
   28  boundary  of the grant to New York Dock Company thirty feet to the point
   29  of intersection of said southeasterly boundary of the grant to New  York
   30  Dock  Company  with  the northeasterly boundary of the grant made by the
   31  people of the state of New York to John Schenck and others dated  August
   32  2,  1851  and  recorded in the office of the Register of Kings county in
   33  liber 532 of conveyances at page 310; thence (4) northwesterly along the
   34  northeasterly boundary line of said grant to Schenck and others,  forty-
   35  three  and  eighty-nine one-hundredths feet to the point of intersection
   36  of said course number (4) with a line drawn parallel  with  and  distant
   37  one and eighty-five one-hundredths feet northwesterly from the northwes-
   38  terly boundary (or a northeasterly projection of said boundary) of lands
   39  conveyed  by  New  York  Dock  Company to New York Dock Trade Facilities
   40  Corporation by deed dated August 1, 1928 and recorded in the  office  of
   41  the  Register  of Kings county in liber 4957 of conveyances at page 239;
   42  thence (5) southwesterly along said line above-mentioned  parallel  with
   43  the northwesterly boundary (or a northeasterly projection of said bound-
   44  ary)  of  said  lands  conveyed to New York Dock Trade Facilities Corpo-
   45  ration, thirty-three and seventy one-hundredths feet  to  the  point  of
   46  intersection  of  said  course number (5) with the southwesterly face of
   47  the column standing at the northwesterly corner of the building known as
   48  the Trade Facilities Building;  thence (6) southeasterly at right angles
   49  to said course no. (5) along the southwesterly face  of  the  above-men-
   50  tioned  column,  one and eighty-five one-hundredths feet to the point of
   51  intersection of said course number (6) with the  northwesterly  boundary
   52  of  the  above-mentioned  lands conveyed by New York Dock Company to New
   53  York Dock Trade Facilities Corporation;  thence (7) southwesterly  along
   54  said  northwesterly  boundary  of  lands conveyed to New York Dock Trade
   55  Facilities Corporation, three hundred sixty-nine  and  seventy  one-hun-
   56  dredths  feet,  to  the  point of intersection of said course number (7)
       S. 3353--A                         98
    1  with the southwesterly boundary of lands granted by the  people  of  the
    2  state  of  New York to Harriet D.  Talmage by grant dated August 2, 1851
    3  and recorded in the office of the Register of Kings county in liber 4937
    4  of  conveyances  at page 185; thence (8) northwesterly along said south-
    5  westerly boundary of the land of Harriet D. Talmage and along the south-
    6  westerly boundary of grant made by the people of the state of  New  York
    7  to Franklin Woodruff by deed dated November 22, 1881 and recorded in the
    8  office  of  the Register of Kings county in liber 1445 of conveyances at
    9  page 247; and along the southwesterly boundary line of lands granted  by
   10  the  people  of  the state of New York to New York Dock Company by grant
   11  dated April 1, 1902 and recorded in the office of the Register of  Kings
   12  county  in  liber  16,  section  1  of conveyances, page 52, for a total
   13  distance of seven hundred sixty-six and seventeen  one-hundredths  feet,
   14  more or less, as measured along said southwesterly boundary lines of the
   15  aforesaid  grants  to  the  point  of intersection of said southwesterly
   16  boundary line of lands granted to New York Dock Company by grants  dated
   17  April  1,  1902  and  November  14, 1907 with the exterior pierhead line
   18  established by the New York Harbor Line Board on November  4,  1897  and
   19  confirmed  by chapter 776 of the laws of 1900;  thence (9) northeasterly
   20  along said exterior pierhead line to the intersection thereof  with  the
   21  centerline of Fulton Street projected westerly; thence (10) southeaster-
   22  ly  along  the  centerline  of  Fulton Street as projected to the inter-
   23  section thereof with the centerline of Furman Street  at  the  point  or
   24  place of beginning.
   25    (b) TRACT II
   26    BEGINNING  at a point formed by the intersection of the southerly line
   27  of Atlantic Avenue and the centerline of Columbia Street running  thence
   28  (1)  southwesterly along the centerline of Columbia Street to the inter-
   29  section thereof  with  the  centerline  of  Kane  Street;    thence  (2)
   30  northwesterly  along  the  centerline of Kane Street to the intersection
   31  thereof with the centerline of Van Brunt Street;   thence (3)  southwes-
   32  terly along the centerline of Van Brunt Street to the intersection ther-
   33  eof  with  the  centerline  of Summit Street;   thence (4) northwesterly
   34  along the centerline of Summit Street to the intersection  thereof  with
   35  the  centerline  of  Imlay  Street;   thence (5) southwesterly along the
   36  centerline of Imlay Street to a point where  said  centerline  of  Imlay
   37  Street  intersects  the  centerline  of  Bowne  Street (sixty feet wide)
   38  projected northwesterly across  Imlay  Street  and  the  line  of  lands
   39  conveyed  by  New  York  Dock Company to Imlay Corporation by deed dated
   40  July 28, 1950;  thence (6) northwesterly along said centerline of  Bowne
   41  Street  projected  northwesterly  from  the centerline of Imlay Street a
   42  distance of one hundred thirty-three feet seven  inches  more  or  less;
   43  thence  (7)  southwesterly parallel with the northwesterly side of Imlay
   44  Street five hundred twenty feet to a point in a line which is the center
   45  line of Commerce Street projected northwesterly from  the  northwesterly
   46  side of Imlay Street;  thence (8) northwesterly along said line which is
   47  the  center  line  of  Commerce  Street projected northwesterly from the
   48  northwesterly side of Imlay Street twenty-three feet six inches;  thence
   49  (9) southwesterly parallel with the northwesterly side of  Imlay  Street
   50  four  hundred  fifty-seven feet eight inches;  thence (10) northwesterly
   51  parallel  with  the  northeasterly  side  of  Verona  Street   projected
   52  northwesterly  across  Imlay  Street four feet eight inches; thence (11)
   53  southwesterly parallel with the northwesterly side of Imlay Street nine-
   54  ty-two feet four inches to the intersection of said course  number  (11)
   55  with  the  southwesterly  side  of Verona Street projected northwesterly
   56  across Imlay Street; thence (12) northwesterly along  the  southwesterly
       S. 3353--A                         99
    1  side  of  Verona  Street  projected northwesterly from the northwesterly
    2  side of Imlay Street forty-three feet three inches to the  southeasterly
    3  boundary  of  Commercial  Wharf;    thence  (13) southwesterly along the
    4  southeasterly  boundary  of Commercial Wharf four hundred ninety feet to
    5  the centerline of  Pioneer  Street  (sixty  feet  wide);    thence  (14)
    6  northwesterly  along  the  centerline  of Pioneer Street ten feet to the
    7  centerline of Conover Street as extended;    thence  (15)  southwesterly
    8  along  the  centerline  of Conover Street two hundred sixty feet more or
    9  less to the intersection thereof with the  centerline  of  King  Street;
   10  thence  (16)  northwesterly  along  the  centerline  of King Street five
   11  hundred sixty feet more or less to the  intersection  thereof  with  the
   12  centerline  of  Ferris  Street;    thence  (17)  southwesterly along the
   13  centerline of Ferris Street one hundred forty-four feet  more  or  less;
   14  thence  (18)  northwesterly and parallel with the centerline of Sullivan
   15  Street four hundred twenty-six feet;  thence (19) northeasterly parallel
   16  with the northwesterly side of Ferris Street  three  hundred  thirty-one
   17  feet  three and one half inches;  thence (20) northwesterly along a line
   18  forming an exterior angle of ninety-nine degrees fifty-four minutes  and
   19  forty-one  seconds  with  course number (19) hereof, two hundred thirty-
   20  eight feet two inches to the United States  pierhead  line  thence  (21)
   21  northeasterly  along  the  United  States  pierhead line to the point of
   22  intersection of said pierhead line with a line drawn in continuation  of
   23  the  southerly side of Atlantic Avenue;  thence (22) southeasterly along
   24  said line drawn in continuation of the southerly side of Atlantic Avenue
   25  and along the said southerly side of Atlantic Avenue, one thousand three
   26  hundred seventy-five and sixty-seven one-hundredths feet, more  or  less
   27  to the point or place of beginning.
   28    3.  The  foregoing limitations shall not be construed to limit, affect
   29  or impair the power of the Port Authority to acquire  real  property  at
   30  any  time or place for marine terminal purposes by negotiation or in any
   31  manner other than by condemnation  or  the  exercise  of  the  right  of
   32  eminent domain.
   33    S  1207.  Unappropriated lands.   In the event that the Port Authority
   34  shall find it necessary or desirable to acquire any unappropriated state
   35  land or lands under water in the state of New York for  marine  terminal
   36  purposes,  the  commissioner  of general services may grant, transfer or
   37  convey such unappropriated state land or lands under water to  the  Port
   38  Authority  under  such terms and conditions as may be determined by said
   39  commissioner.
   40    S 1208. Funding; bonds. The obligations issued by the  port  authority
   41  to provide funds for any marine terminal purpose are hereby made securi-
   42  ties  in  which  all  state  and  municipal  officers and bodies of both
   43  states, all trust companies and banks  other  than  savings  banks,  all
   44  building  and  loan associations, savings and loan associations, invest-
   45  ment companies and other persons carrying on a commercial banking  busi-
   46  ness,  all insurance companies, insurance associations and other persons
   47  carrying on an insurance business, and  all  administrators,  executors,
   48  guardians,  trustees  and  other  fiduciaries, and all other persons and
   49  legal entities whatsoever (other than savings banks), who are now or may
   50  hereafter be authorized by either state  to  invest  in  bonds  of  such
   51  state,  may  properly  and  legally invest any funds, including capital,
   52  belonging to them or within their  control,  and  said  obligations  are
   53  hereby  made securities which may properly and legally be deposited with
   54  and shall be received by any state or municipal  officer  or  agency  of
   55  either  state  for  any  purpose  for which the deposit of bonds of such
   56  state is now or may hereafter be authorized.  The obligations issued  by
       S. 3353--A                         100
    1  the  port  authority to provide funds for any marine terminal purpose as
    2  security for which the  general  reserve  fund  of  the  port  authority
    3  authorized  by  chapter  forty-eight of the laws of New York of nineteen
    4  hundred thirty-one as amended and continued by article XXX of this chap-
    5  ter, shall have been pledged in whole or in part are hereby made securi-
    6  ties in which all savings banks also may properly and legally invest any
    7  funds, including capital, belonging to them or within their control.
    8                                ARTICLE XIII
    9                                AIR TERMINALS
   10  Section 1301.   Authorization.
   11          1302.   Restrictions.
   12          1303.   Definitions.
   13          1304.   Purpose.
   14          1304-a. Operation of air terminals; noise prohibition.
   15          1305.   Taxes; assessments.
   16          1306.   General reserve fund; repayment.
   17          1307.   Bonds.
   18          1308.   Municipality consent.
   19          1309.   Acquisition limitations.
   20          1310.   Federal aid.
   21          1311.   Lands under water.
   22          1312.   Repayment of bonds and obligations.
   23          1313.   Contrary declarations.
   24          1314.   Agreement between the states.
   25          1315.   Federal aid procedure; application.
   26    S  1301.  Authorization.    Upon  the  concurrence of the state of New
   27  Jersey, the states of New York and New Jersey  declare  and  agree  that
   28  each air terminal within the Port of New York District serves the entire
   29  district,  and  that  the  problem of furnishing proper and adequate air
   30  terminal facilities within the district is  a  regional  and  interstate
   31  problem,  and  that  it  is and shall be the policy of the two states to
   32  encourage the integration of such air terminals so far as practicable in
   33  a unified system.
   34    Accordingly, in furtherance of said policy and in partial effectuation
   35  of the comprehensive plan, heretofore adopted by the two states for  the
   36  development of terminal and transportation facilities in the Port of New
   37  York District, the states of New York and New Jersey agree that the port
   38  authority   shall  be  authorized  to  effectuate,  establish,  acquire,
   39  construct, rehabilitate, improve, maintain and operate air terminals, as
   40  hereinafter defined, within the Port of New York District, and  the  two
   41  said  states  further  agree  that  all cities and other state and local
   42  agencies shall be and they hereby are authorized to cooperate  with  the
   43  port  authority  in  the  development  of  air terminals, as hereinafter
   44  provided.
   45    S 1302. Restrictions.  Nothing herein contained shall be construed  to
   46  authorize  the port authority to acquire any air terminal owned or oper-
   47  ated by any city or other municipality or public authority, or any other
   48  property now or hereafter vested in or held by any city or other munici-
   49  pality or public authority, without the authority  or  consent  of  such
   50  city  or  other  municipality  or  public  authority, as provided in the
   51  compact of April thirtieth, nineteen hundred twenty-one,  and  continued
   52  by  article  I  of  this chapter, between the states of New York and New
   53  Jersey, nor shall anything herein impair or invalidate in  any  way  any
   54  bonded  indebtedness  of the state, or any city or other municipality or
       S. 3353--A                         101
    1  public authority, nor  impair  the  provisions  of  law  regulating  the
    2  payment  into  sinking funds of revenue derived from municipal property,
    3  or dedicating the revenues derived from municipal property to a specific
    4  purpose.
    5    S  1303. Definitions.   The following terms as used herein shall mean:
    6  1. "Air  terminals"  shall  mean  developments  consisting  of  runways,
    7  hangars,  control  towers,  ramps, wharves, bulkheads, buildings, struc-
    8  tures, parking areas, improvements, facilities or  other  real  property
    9  necessary, convenient or desirable for the landing, taking off, accommo-
   10  dation and servicing of aircraft of all types, including but not limited
   11  to  airplanes,  airships,  dirigibles, helicopters, gliders, amphibians,
   12  seaplanes, or any other contrivance now or hereafter used for the  navi-
   13  gation of or flight in air or space, operated by carriers engaged in the
   14  transportation  of  passengers  or cargo, or for the loading, unloading,
   15  interchange or transfer of such passengers or  their  baggage,  or  such
   16  cargo,  or  otherwise  for the accommodation, use or convenience of such
   17  passengers, or such carriers or their employees (facilities and accommo-
   18  dations at sites removed from landing fields and  other  landing  areas,
   19  however,  except as otherwise provided in this section, to be limited to
   20  ticket stations and passenger stations for air  passengers,  to  express
   21  and freight stations for air express and air freight, and to beacons and
   22  other  aids to air navigation), or for the landing, taking off, accommo-
   23  dation and servicing of aircraft owned or operated by persons other than
   24  carriers.  It shall also mean facilities  providing  access  to  an  air
   25  terminal,  consisting  of  rail,  rapid  transit  or other forms of mass
   26  transportation which furnish a connection between the air  terminal  and
   27  other  points in the port district, including appropriate mass transpor-
   28  tation terminal facilities at and within the  air  terminal  itself  and
   29  suitable  offsite  facilities  for  the accommodation of air passengers,
   30  baggage, mail, express, freight and other users of the connecting facil-
   31  ity.  It shall also mean such highway project or projects in the vicini-
   32  ty of an air terminal providing improved access to such air terminal  as
   33  shall  be  designated in legislation adopted by the two states. Notwith-
   34  standing any contrary provision of law, general, special  or  local,  it
   35  shall  also  mean  railroad freight projects related or of benefit to an
   36  air terminal or which are necessary,  convenient  or  desirable  in  the
   37  opinion  of  the  port  authority for the protection or promotion of the
   38  commerce of the port district, consisting of railroad freight  transpor-
   39  tation  facilities  or  railroad  freight terminal facilities;   and any
   40  equipment, improvement, structure or  facility  or  any  land,  and  any
   41  building,  structure,  facility  or  other  improvement  thereon, or any
   42  combination thereof, and all real and personal  property  in  connection
   43  therewith  or  incidental  thereto, deemed necessary or desirable in the
   44  opinion of the port authority, whether or not now in existence or  under
   45  construction, for the undertaking of such railroad freight projects.
   46    2.  "Air terminal bonds" shall mean bonds issued by the port authority
   47  for air terminal purposes.
   48    3. "Air terminal purposes" shall mean the effectuation, establishment,
   49  acquisition, construction, rehabilitation, improvement,  maintenance  or
   50  operation of air terminals owned, leased or operated by the port author-
   51  ity  of New York and New Jersey (including airports operated under revo-
   52  cable permits) or operated by others pursuant  to  agreements  with  the
   53  port authority.
   54    4. "Bonds" shall mean bonds, notes, securities or other obligations or
   55  evidences of indebtedness.
       S. 3353--A                         102
    1    5.  "General  reserve fund" shall mean the general reserve fund of the
    2  port authority authorized by chapter forty-eight of the laws of New York
    3  of nineteen hundred thirty-one as amended and continued by  article  XXX
    4  of  this chapter, and chapter five of the laws of New Jersey of nineteen
    5  hundred thirty-one, as amended.
    6    6.  "General  reserve fund statutes" shall mean chapter forty-eight of
    7  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
    8  continued  by  article XXX of this chapter, and chapter five of the laws
    9  of New Jersey of nineteen hundred thirty-one, as amended.
   10    7. "Municipality" shall mean a county, city, borough,  village,  town-
   11  ship, town, public agency, public authority or political subdivision.
   12    8. "Real property" shall mean lands, structures, franchises and inter-
   13  ests  in  land,  including air space and air rights, waters, lands under
   14  water and riparian rights, and any and all things  and  rights  included
   15  within  the  said  term,  and includes not only fees simple absolute but
   16  also any and all lesser interests, including but not  limited  to  ease-
   17  ments,  rights  of way, uses, leases, licenses and all other incorporeal
   18  hereditaments and every estate, interest or right, legal  or  equitable,
   19  including  terms  for years and liens thereon by way of judgments, mort-
   20  gages or otherwise.
   21    S  1304.  Purpose.    The  effectuation,  establishment,  acquisition,
   22  construction,  rehabilitation, improvement, maintenance and operation of
   23  air terminals by the port authority is and will be in all  respects  for
   24  the  benefit of the people of the states of New York and New Jersey, for
   25  the increase of their commerce and prosperity, and for  the  improvement
   26  of  their health and living conditions;  and the port authority shall be
   27  regarded as performing an essential governmental function in undertaking
   28  the effectuation, establishment,  acquisition,  construction,  rehabili-
   29  tation,  improvement,  maintenance or operation thereof, and in carrying
   30  out the provisions of law relating thereto.
   31    S 1304-a. Operation of air terminals; noise prohibition. 1.  The  port
   32  authority shall not permit or contract for the landing or takeoff of any
   33  aircraft  which  emits a noise in excess of 108 EPNdB as measured as set
   34  forth herein at any airport it maintains or operates; provided, however,
   35  in any case of emergency involving the possible saving  of  human  life,
   36  the prohibition of this subdivision may be temporarily suspended.
   37    2.  Measurement. For purposes of this section, aircraft noise is to be
   38  measured at the following points:
   39    (a) For takeoff, at a point 3.5 nautical miles from the start  of  the
   40  takeoff roll on the extended centerline of the runway;
   41    (b)  For  approach, at a point one nautical mile from the threshold on
   42  the extended centerline of the runway;  and
   43    (c) For the sideline, at the point, on a line  parallel  to  and  0.25
   44  nautical  miles  from  the  extended centerline of the runway, where the
   45  noise level after  liftoff  is  greatest,  except  that,  for  airplanes
   46  powered  by more than three turbojet engines, this distance must be 0.35
   47  nautical miles.
   48    3. Exceptions.  Notwithstanding the requirements of  subdivisions  one
   49  and  two of this section the port authority in its discretion may, up to
   50  a maximum noise level not exceeding 112 PNdB on takeoff, as measured  by
   51  the port authority in the manner used by the port authority to make such
   52  measurements  on  the effective date of this section, grant an exception
   53  thereto to any classification of aircraft built prior to  the  effective
   54  date  of  this article and which has heretofore used the airport facili-
   55  ties of the port authority, even though said aircraft  does  not  comply
   56  with  subdivisions  one and two of this section, upon a showing that (a)
       S. 3353--A                         103
    1  the aircraft is capable of being equipped  with  retrofit  equipment  to
    2  reduce  the  noise  thereof to comply with the foregoing requirements of
    3  the airport operator, and, in addition, (b) that  such  modification  by
    4  way  of  retrofit  to  reduce  its noise shall be accomplished upon such
    5  terms and conditions to assure compliance  as  the  port  authority,  as
    6  airport operator, may require, within five years of the date of applica-
    7  tion  for  an exception hereunder but in no event later than June first,
    8  nineteen hundred eighty-one.
    9    S 1305. Taxes; assessments. The port authority shall  be  required  to
   10  pay no taxes or assessments upon any of the property acquired or used by
   11  it  for  air  terminal  purposes;    but  this shall not be construed to
   12  prevent the port authority and municipalities from entering into  agree-
   13  ments  for the payment of fair and reasonable sums by the port authority
   14  annually in accordance with legislation heretofore adopted  by  the  two
   15  states, to the end that such municipalities may not suffer undue loss of
   16  taxes  and  assessments  by  reason  of the acquisition and ownership of
   17  property by the port authority for air terminal purposes.
   18    S 1306.  General reserve fund; repayment. The moneys  in  the  general
   19  reserve fund of the port authority may be pledged in whole or in part by
   20  the  port  authority  as  security for or applied by it to the repayment
   21  with interest of any moneys which it may raise upon bonds issued  by  it
   22  from  time  to time to provide funds for air terminal purposes;  and the
   23  moneys in said general reserve fund may be applied by the port authority
   24  to the fulfillment of any other undertakings which it may assume  to  or
   25  for the benefit of the holders of any such bonds.
   26    Subject to prior liens and pledges, (and to the obligation of the port
   27  authority  to  apply  revenues to the maintenance of its general reserve
   28  fund in the amount prescribed by the general reserve fund statutes), the
   29  revenues of the port authority from facilities established, constructed,
   30  acquired or effectuated through the issuance or sale  of  bonds  of  the
   31  port  authority  secured  by a pledge of its general reserve fund may be
   32  pledged in whole or in part as security for or  applied  by  it  to  the
   33  repayment  with  interest  of  any  moneys which it may raise upon bonds
   34  issued by it to provide funds for air terminal purposes, and said reven-
   35  ues may be applied by the port authority to the fulfillment of any other
   36  undertakings which it may assume to or for the benefit of the holders of
   37  such bonds.
   38    S 1307. Bonds. The bonds issued by the port authority to provide funds
   39  for air terminal purposes are hereby made securities in which all  state
   40  and  municipal  officers  and bodies of both states, all banks, bankers,
   41  trust companies, savings banks, building and loan associations,  savings
   42  and  loan  associations, investment companies and other persons carrying
   43  on a banking business, all insurance companies,  insurance  associations
   44  and other persons carrying on an insurance business, and all administra-
   45  tors,  executors,  guardians,  trustees  and  other fiduciaries, and all
   46  other persons whatsoever, who are now or may hereafter be authorized  by
   47  either  state to invest in bonds or other obligations of such state, may
   48  properly and legally invest any funds, including capital,  belonging  to
   49  them or within their control;  and said bonds are hereby made securities
   50  which  may  properly and legally be deposited with and shall be received
   51  by any state or municipal officer or agency  of  either  state  for  any
   52  purpose  for  which  the  deposit  of bonds or other obligations of such
   53  state is now or may hereafter be authorized.
   54    S  1308.  Municipality  consent.  1.  Notwithstanding   any   contrary
   55  provision of law, every municipality in the Port of New York District is
   56  authorized  and empowered to consent to the use by the port authority of
       S. 3353--A                         104
    1  any air terminal owned by such municipality or of any real  or  personal
    2  property owned by such municipality and necessary, convenient or desira-
    3  ble  in  the  opinion  of  the port authority for air terminal purposes,
    4  including  such  real  property  as has already been devoted to a public
    5  use, and as an incident to such consent, to  grant,  convey,  lease,  or
    6  otherwise  transfer  to the port authority any such air terminal or real
    7  or personal property, upon such terms as may be determined by  the  port
    8  authority  and  such  municipality.    Every  such  municipality is also
    9  authorized and empowered as an incident to such consent to vest  in  the
   10  port authority the control, operation, maintenance, rents, tolls, charg-
   11  es  and any and all other revenues of any air terminal now owned by such
   12  municipality, the title to such air terminal remaining in  such  munici-
   13  pality.  Such consent shall be given and the execution of any agreement,
   14  deed,  lease, conveyance, or other instrument evidencing such consent or
   15  given as an incident thereto shall be authorized in the manner  provided
   16  in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
   17  hundred twenty-one, and continued by article I of this chapter,  between
   18  the two states creating the port authority.
   19    2.  Notwithstanding  any contrary provision of law, every municipality
   20  outside the port district is authorized and empowered to consent to  the
   21  use  of  real property owned by such municipality and necessary, conven-
   22  ient or desirable in the opinion of the port authority  for  beacons  or
   23  other aids to navigation, or to the use of any air space over real prop-
   24  erty owned by such municipality;  and as an incident to such consent, to
   25  grant,  lease,  convey  or otherwise transfer to the port authority such
   26  real property or air space.
   27    Such consent shall be given and the execution of any agreement,  deed,
   28  lease,  conveyance  or other instrument evidencing such consent or given
   29  as an incident thereto, shall be given by the  officer,  board  or  body
   30  authorized  by  law  to convey such property, or if no officer, board or
   31  body be otherwise authorized so to do, by the  governing  body  of  such
   32  municipality.
   33    3.  The  states  of  New  York and New Jersey hereby consent to suits,
   34  actions or proceedings of any form or nature in law, equity or otherwise
   35  by any city or other municipality against the port  authority  upon,  in
   36  connection with or arising out of any such agreement, agreements, or any
   37  modification  thereof  or supplement thereto, for the following types of
   38  relief and for such purposes only:
   39    (a) For money damages for breach thereof,
   40    (b) For money damages for torts arising out of the  operation  of  the
   41  municipal air terminal,
   42    (c) For rent,
   43    (d) For specific performance,
   44    (e) For reformation thereof,
   45    (f) For accounting,
   46    (g) For declaratory judgment,
   47    (h) For judgments, orders or decrees restraining or enjoining the port
   48  authority  from  transferring title to real property to third persons in
   49  cases where it has contracted with such city or  other  municipality  to
   50  transfer such title to such city or municipality, and
   51    (i) For judgments, orders or decrees restraining or enjoining the port
   52  authority from committing or continuing to commit other breaches of such
   53  agreements with such municipality, provided that such judgment, order or
   54  decree  shall  not be entered except upon two days' prior written notice
   55  to the port  authority  of  the  proposed  entry  thereof  and  provided
   56  further, that upon an appeal taken by the port authority from such judg-
       S. 3353--A                         105
    1  ment,  order or decree the service of the notice of appeal shall perfect
    2  the appeal and shall stay the  execution  of  such  judgment,  order  or
    3  decree appealed from, without an undertaking or other security.
    4    4.  When  rules  of  venue are applicable, the venue of any such suit,
    5  action or proceeding shall be laid in the county or judicial district in
    6  which the air terminal, which is the subject matter  of  such  agreement
    7  between  the  port  authority and the city or other municipality, or any
    8  part thereof, is located.
    9    5. If any clause, sentence, paragraph, or part of this subdivision, or
   10  the application thereof to any person or circumstances, shall,  for  any
   11  reason,  be adjudged by a court of competent jurisdiction to be invalid,
   12  such judgment shall not affect, impair, or invalidate the  remainder  of
   13  this  subdivision,  and  the  application thereof to any other person or
   14  circumstances, but shall be confined in its  operation  to  the  clause,
   15  sentence, paragraph, or part thereof directly involved in the controver-
   16  sy  in which such judgment shall have been rendered and to the person or
   17  circumstances involved.
   18    S 1309. Acquisition limitations.   The powers hereinafter  granted  to
   19  the port authority to acquire real property by condemnation or the right
   20  of  eminent  domain  shall  be  subject  to the limitations set forth in
   21  section thirteen hundred two of this article, and also to the  following
   22  further limitations:
   23    1.  Unless  and until the state of New York otherwise provides by law,
   24  the port authority shall not have power to acquire real property in that
   25  state for air terminal purposes by condemnation or the right of  eminent
   26  domain  except  for  the  purpose  of  making  additions, extensions and
   27  improvements to the three air terminals in New York  city  known  as  La
   28  Guardia  airport,  John F. Kennedy international airport (formerly known
   29  as Idlewild airport), and Floyd Bennett  airport,  for  the  purpose  of
   30  acquiring  air  rights  or  preventing  or  removing actual or potential
   31  hazards to air navigation within three miles of the runways at said  air
   32  terminals  as  such  runways  may  now  or  hereafter exist, and for the
   33  purpose of establishing or maintaining beacons and  other  aids  to  air
   34  navigation  in  connection with said three air terminals, whether or not
   35  within three miles of said runways. The port authority  shall  not  have
   36  power  to  acquire  by  condemnation or the right of eminent domain real
   37  property in or under the waters of Jamaica Bay for the purpose of adding
   38  to, expanding, extending or constructing runway extensions, or  incorpo-
   39  rating  such  lands  into  the  airport operation; however, this section
   40  shall not prohibit the port authority  from  acquiring  such  lands  for
   41  installing  flight  control and safety equipment to service its existing
   42  runways, nor from installing anti-pollution  devices  and  equipment  in
   43  accordance with its anti-pollution program adopted for the air terminals
   44  in New York city known as John F. Kennedy international airport or Floyd
   45  Bennett airport.
   46    2. Unless and until the state of New Jersey otherwise provides by law,
   47  the  port authority shall not have the power to acquire real property in
   48  the state of New Jersey for air terminal purposes by condemnation or the
   49  right of eminent domain except for  the  purpose  of  making  additions,
   50  extensions  and improvements to the air terminal known as Newark airport
   51  (including additions, extensions and improvements thereto located in the
   52  city of Elizabeth), for the purpose of acquiring air rights or  prevent-
   53  ing  or  removing  actual  or potential hazards to air navigation within
   54  three miles of the runways at said air terminal as such runways may  now
   55  or  hereafter  exist, and for the purpose of establishing or maintaining
       S. 3353--A                         106
    1  beacons and other aids to air navigation in  connection  with  said  air
    2  terminal, whether or not within three miles of said runways.
    3    3.  Unless  otherwise  provided by law by the state in which such real
    4  property is located, the port authority shall not have power to  acquire
    5  for  air  terminal purposes by condemnation, acquisition pursuant to the
    6  provisions of the eminent domain procedure law, or the right of  eminent
    7  domain  subsequent  to  June  thirtieth, nineteen hundred fifty-two, any
    8  real property taken for and actually devoted to a public use,  provided,
    9  that  this  limitation shall not apply to real property a proceeding for
   10  the acquisition of which was initiated prior to that date.
   11    4. The foregoing limitations shall not be construed to  limit,  affect
   12  or  impair  the  power of the port authority to acquire real property at
   13  any time and place for air terminal purposes by negotiation  or  in  any
   14  other   manner   than  by  condemnation,  acquisition  pursuant  to  the
   15  provisions of the eminent domain procedure law, or by  the  exercise  of
   16  the right of eminent domain.
   17    5.  Subject  to the foregoing limitations, if the port authority shall
   18  find it necessary or convenient to acquire any  real  property  for  air
   19  terminal purposes, whether for immediate or future use, the port author-
   20  ity  may  find  and  determine  that such property, whether a fee simple
   21  absolute or a lesser interest, is required for a public  use,  and  upon
   22  such  determination the said property shall be and shall be deemed to be
   23  required for such public use until  otherwise  determined  by  the  port
   24  authority, and such determination shall not be affected by the fact that
   25  such  property  has  theretofore been taken for and is then devoted to a
   26  public use;  but the public use in the hands or under the control of the
   27  port authority shall be deemed superior to the public use in  the  hands
   28  of  any  other  person, association or corporation except a municipality
   29  within or without the port district. The port authority may acquire  and
   30  is  hereby  authorized  to  acquire  such property, whether a fee simple
   31  absolute or a lesser estate, by the exercise of  the  right  of  eminent
   32  domain  under  and  pursuant  to the eminent domain procedure law of the
   33  state of New York, in the case of property located in  such  state,  and
   34  revised  statutes  of  New  Jersey, Title 20:1-1 et seq., in the case of
   35  property situated in such state, or at the option of the port  authority
   36  pursuant  to  such other and alternate procedure in each state as may be
   37  provided by law by such state. The port authority shall have such  power
   38  of  eminent  domain  not only in respect to real property located within
   39  the Port of New York District but also as to any real  property  located
   40  outside  of  the port district which is necessary, incidental or conven-
   41  ient for the  effectuation,  establishment,  acquisition,  construction,
   42  rehabilitation  or  improvement,  and  maintenance  and operation of air
   43  terminals within the port district. Nothing herein  contained  shall  be
   44  construed to prevent the port authority from bringing any proceedings to
   45  remove  a  cloud  on  title  or such other proceedings as it may, in its
   46  discretion, deem proper and necessary, or acquiring any such property by
   47  negotiation or purchase.
   48    S 1310. Federal aid.  The port authority may make application directly
   49  to the proper federal officials or agencies for federal loans or  grants
   50  in  aid  of  air  terminals  owned  or operated by it; provided, that if
   51  either state shall have or adopt general legislation governing  applica-
   52  tions for federal aid for air terminals by municipalities of such state,
   53  or  the  receipt  or disbursement of such federal aid by or on behalf of
   54  such municipalities, then such legislation shall at the option  of  such
   55  state  apply  to  applications by the port authority for federal aid for
   56  air terminals located in such state and to the receipt and  disbursement
       S. 3353--A                         107
    1  of  such  federal aid by or on behalf of the port authority, in the same
    2  manner and to the same extent as other  municipalities  of  such  state.
    3  Except  as above provided, no agency or commission of either state shall
    4  have  jurisdiction  over any air terminals under the control of the port
    5  authority, and all details of financing, construction, leasing, charges,
    6  rates, tolls, contracts and the operation  of  air  terminals  owned  or
    7  controlled by the port authority shall be within its sole discretion and
    8  its  decision in connection with any and all matters concerning such air
    9  terminals shall be controlling and conclusive. The  local  laws,  resol-
   10  utions, ordinances, rules and regulations of a municipality within which
   11  an  air  terminal  is  situated  shall apply to such air terminal, if so
   12  provided in any agreement between the port authority  and  such  munici-
   13  pality, and to the extent provided in such agreement.
   14    S 1311. Lands under water.  In the event that the port authority shall
   15  find it necessary or desirable to acquire any unappropriated state lands
   16  or lands under water in the state of New York for air terminal purposes,
   17  the  commissioner  of general services of that state may grant, transfer
   18  or convey such unappropriated state lands or lands under  water  to  the
   19  port  authority  upon such consideration, terms and conditions as may be
   20  determined by said commissioner, except that no lands under  the  waters
   21  of  Jamaica  Bay  may  be  granted,  transferred or conveyed to the port
   22  authority for air terminal  purposes  by  said  commissioner  except  as
   23  provided in paragraph one of section thirteen hundred nine of this arti-
   24  cle.
   25    In the event that the port authority shall find it necessary or desir-
   26  able to acquire any lands under water in the state of New Jersey for air
   27  terminal  purposes,  the  division  of  navigation  of the department of
   28  conservation of that state may grant,  transfer  or  convey  such  lands
   29  under  water  to  the  port authority in accordance with the statutes of
   30  that state governing the making of riparian grants and leases, upon such
   31  terms and conditions as may be determined by said division.
   32    In the event that the port authority shall find it necessary or desir-
   33  able to acquire any real property required or  used  for  state  highway
   34  purposes in the state of New Jersey, the state highway department of the
   35  state  of New Jersey may grant, transfer or convey such real property to
   36  the port authority upon such terms and conditions as may  be  determined
   37  by said state highway department.
   38    S  1312.  Repayment of bonds and obligations.  The two states covenant
   39  and agree with each other and with the holders of any bonds of the  port
   40  authority  issued  or incurred for air terminal purposes and as security
   41  for which there may or shall be  pledged  (directly  or  indirectly,  or
   42  through the medium of its general reserve fund or otherwise), the reven-
   43  ues, or any part thereof, of any air terminal or other facility owned or
   44  operated by the port authority, that the two states will not, so long as
   45  any  of  such  bonds or other obligations remain outstanding and unpaid,
   46  diminish or impair the power of the port authority  to  establish,  levy
   47  and  collect  landing  fees,  charges,  rents,  tolls  or  other fees in
   48  connection therewith.
   49    S 1313. Contrary declarations.  Any declarations contained herein  and
   50  in  the  concurrent  act  of the state of New Jersey with respect to the
   51  governmental nature of air terminals and to the exemption of air  termi-
   52  nal  property  from taxation and to the discretion of the port authority
   53  with respect to air terminal operations shall not be construed to  imply
   54  that  other  port authority property and operations are not of a govern-
   55  mental nature, or that they are subject to taxation, or that the  deter-
   56  minations of the port authority with respect thereto are not conclusive.
       S. 3353--A                         108
    1    S  1314. Agreement between the states.  This section and the preceding
    2  sections of this article constitute an agreement between the  states  of
    3  New  York  and  New  Jersey supplementary to the compact between the two
    4  states dated April thirtieth, nineteen hundred twenty-one, and amendato-
    5  ry  thereof,  and  continued  by article I of this chapter, and shall be
    6  liberally construed to effectuate the purposes of said  compact  and  of
    7  the  comprehensive  plan  heretofore  adopted by the two states, and the
    8  powers vested in the port authority hereby shall be construed to  be  in
    9  aid  of and supplemental to and not in limitation of or in derogation of
   10  any of the powers heretofore conferred upon or  delegated  to  the  port
   11  authority.
   12    S  1315.  Federal  aid procedure; application.   The state of New York
   13  hereby elects to exercise the option reserved to each state  by  section
   14  thirteen  hundred  ten of this article (and by the corresponding section
   15  of the New Jersey statute concurring herein);   and accordingly,  if  by
   16  the  effective  date  of chapter 802 of the laws of 1947, this state has
   17  adopted, or if thereafter it shall adopt general  legislation  governing
   18  applications for federal aid for air terminals by municipalities of this
   19  state or the receipt or disbursement of such federal aid by or on behalf
   20  of  such municipalities, such legislation shall apply to applications by
   21  the port authority for federal aid for air  terminals  located  in  this
   22  state  in the same manner and to the same extent as other municipalities
   23  of this state, provided, that if such  legislation  shall  require  such
   24  applications  for  federal  aid  to  be  approved by any officer, board,
   25  commission, department or other agency of this state  or  shall  require
   26  the  consent  of any such agency of this state to the submission thereof
   27  to the federal government, or shall require  any  such  agency  of  this
   28  state  to  be  designated by municipalities as their agent to collect or
   29  disburse such federal aid, or shall contain any other requirement  vest-
   30  ing  any such agency of this state with power or discretion with respect
   31  to the making of such applications for federal aid  or  the  receipt  or
   32  disbursement  thereof,  then such officer, board, commission, department
   33  or other agency of this state shall have power to waive such requirement
   34  in whole or in part temporarily  or  permanently  insofar  as  the  port
   35  authority is concerned.
   36                                 ARTICLE XIV
   37                               EMINENT DOMAIN
   38  Section 1401. Right of eminent domain.
   39    S  1401.  Right  of  eminent  domain.   The powers granted to the port
   40  authority by this article shall be deemed to be in aid  of  and  supple-
   41  mental  to  and  not in limitation or derogation of the powers otherwise
   42  conferred upon it;  and nothing herein contained shall be  construed  to
   43  prevent  the  port authority from exercising the right of eminent domain
   44  under and pursuant to the eminent domain procedure law of the  state  of
   45  New  York,  or any other applicable law of this state, in any case where
   46  it is authorized so to do.
   47                                 ARTICLE XV
   48                      SUITS AGAINST THE PORT AUTHORITY
   49  Section 1501. Suits against the port authority.
   50          1502. Prior causes of action.
   51          1503. Contract causes of action.
   52          1504. Civil suits; statutory penalties.
       S. 3353--A                         109
    1          1505. Further restrictions.
    2          1506. Venue.
    3          1507. Statute of limitations.
    4          1508. Notice of claim.
    5          1509. Limits of liability.
    6          1510. Other suits, actions or proceedings.
    7          1511. Agreement between the states.
    8    S  1501.    Suits against the port authority.  Upon the concurrence of
    9  the state of New Jersey, the states of New York and New  Jersey  consent
   10  to suits, actions or proceedings of any form or nature at law, in equity
   11  or  otherwise  (including proceedings to enforce arbitration agreements)
   12  against the port authority, and to appeals therefrom and reviews  there-
   13  of,  except  as  hereinafter  provided  in  sections fifteen hundred two
   14  through fifteen hundred five of this article, inclusive.
   15    S 1502. Prior causes of action.  The foregoing consent does not extend
   16  to suits, actions or proceedings upon any causes  of  action  whatsoever
   17  accruing  before  the effective date of chapter 301 of the laws of 1950,
   18  other than causes of actions upon, in connection with, or arising out of
   19  notes, bonds or other obligations or securities secured by a  pledge  of
   20  the general reserve fund of the port authority.
   21    S  1503.  Contract  causes of action.   The foregoing consent does not
   22  extend to suits, actions or proceedings upon any causes of action  what-
   23  soever,  upon,  in  connection  with,  or  arising  out of any contract,
   24  express or implied, entered into or assumed by or assigned to  the  port
   25  authority  before  the  effective  date  of  this article (including any
   26  supplement to, or amendment, extension or renewal of any such  contract,
   27  even  if  such supplement, amendment, extension or renewal is made on or
   28  after the effective date of chapter 301 of the laws of 1950), regardless
   29  of whether such cause of action accrued before or after that date, other
   30  than causes of action upon, in connection with or arising out of  notes,
   31  bonds  or  other  obligations  or  securities secured by a pledge of the
   32  general reserve fund of the port authority.
   33    S 1504. Civil suits; statutory penalties.  The foregoing consent  does
   34  not  extend  to  civil suits, actions or proceedings for the recovery of
   35  statutory penalties.
   36    S 1505. Further restrictions.  The foregoing consent does  not  extend
   37  to  suits,  actions  or  proceedings  for  judgments,  orders or decrees
   38  restraining, enjoining or preventing the port authority from  committing
   39  or  continuing  to  commit any act or acts, other than suits, actions or
   40  proceedings by the attorney general of  New  York  or  by  the  attorney
   41  general  of  New Jersey--each of whom is hereby authorized to bring such
   42  suits, actions or proceedings in his discretion on behalf of any  person
   43  or  persons  whatsoever  who  requests  him so to do except in the cases
   44  excluded by sections fifteen hundred  two,  fifteen  hundred  three  and
   45  fifteen  hundred  four of this article; provided, that in any such suit,
   46  action or proceeding, no judgment, order  or  decree  shall  be  entered
   47  except upon at least two days' prior written notice to the port authori-
   48  ty of the proposed entry thereof.
   49    S  1506.  Venue.   The foregoing consent is granted upon the condition
   50  that venue in any suit, action or proceeding against the port  authority
   51  shall be laid within a county or a judicial district, established by one
   52  of said states or by the United States, and situated wholly or partially
   53  within the port of New York district. The port authority shall be deemed
   54  to  be  a  resident  of  each  such  county or judicial district for the
   55  purpose of such suits, actions or proceedings. Although the port author-
   56  ity is engaged in the performance of governmental  functions,  the  said
       S. 3353--A                         110
    1  two  states  consent  to  liability on the part of the port authority in
    2  such suits, actions or proceedings for tortious acts committed by it and
    3  its agents to the same extent as though it were a private corporation.
    4    S 1507. Statute of limitations.  The foregoing consent is granted upon
    5  the  condition  that  any suit, action or proceeding prosecuted or main-
    6  tained under this article shall be commenced within one year  after  the
    7  cause of action therefor shall have accrued, and upon the further condi-
    8  tion that in the case of any suit, action or proceeding for the recovery
    9  or  payment  of  money,  prosecuted  or maintained under this article, a
   10  notice of claim shall have been served upon the port authority by or  on
   11  behalf  of  the  plaintiff or plaintiffs at least sixty days before such
   12  suit, action or proceeding is commenced. The provisions of this  section
   13  shall  not  apply  to  claims arising out of provisions of any workmen's
   14  compensation law of either state.
   15    S 1508. Notice of claim.   The notice of  claim  required  by  section
   16  fifteen  hundred  seven of this article shall be in writing, sworn to by
   17  or on behalf of the claimant or claimants, and shall set forth  (1)  the
   18  name  and  post  office address of each claimant and of his attorney, if
   19  any, (2) the nature of the claim, (3) the time when, the place where and
   20  the manner in which the claim arose, and (4)  the  items  of  damage  or
   21  injuries claimed to have been sustained so far as then practicable. Such
   22  notice may be served in the manner in which process may be served, or in
   23  lieu  thereof,  may  be sent by registered mail to the port authority at
   24  its principal office. Where the claimant is a person under  the  age  of
   25  eighteen  years or is mentally or physically incapacitated and by reason
   26  of such disability no notice of  claim  is  filed  or  suit,  action  or
   27  proceeding  commenced  within  the  time  specified  in  section fifteen
   28  hundred seven of this article, or where a  person  entitled  to  make  a
   29  claim  dies  and  by  reason of his death no notice of claim is filed or
   30  suit, action or  proceeding  commenced  within  the  time  specified  in
   31  section  fifteen  hundred  seven of this article then any court in which
   32  such suit, action or proceeding may be brought  may  in  its  discretion
   33  grant  leave  to  serve  the  notice  of claim and to commence the suit,
   34  action or proceeding within a reasonable time but in  any  event  within
   35  three  years  after  the  cause  of action accrued. Application for such
   36  leave must be made upon an affidavit showing the particular facts  which
   37  caused  the  delay  and  shall  be accompanied by a copy of the proposed
   38  notice of claim if such notice has not been served, and such application
   39  shall be made only upon notice to the port authority.
   40    S 1509. Limits of liability.  The commissioners, officers or employees
   41  of the port  authority  shall  not  be  subject  to  suits,  actions  or
   42  proceedings  for judgments, orders or decrees restraining, preventing or
   43  enjoining them in their official or personal capacities from  committing
   44  or  continuing to commit any act or acts on behalf of the port authority
   45  other than suits, actions and proceedings brought by the attorney gener-
   46  al of New York or by the attorney general of New Jersey or by  the  port
   47  authority itself--each of said attorneys general being hereby authorized
   48  to  bring such suits, actions or proceedings in his discretion on behalf
   49  of any person or persons whatsoever who requests him so to do except  in
   50  the  cases  excluded  by  sections  fifteen hundred two, fifteen hundred
   51  three and fifteen hundred four of this article; provided,  that  in  any
   52  such  suit,  action or proceeding brought by either attorney general, no
   53  judgment, order or decree shall be entered  except  upon  at  least  two
   54  days' notice to the defendant of the proposed entry thereof.
   55    S  1510. Other suits, actions or proceedings.  Nothing herein shall be
   56  deemed to revoke, rescind or affect any consents to  suits,  actions  or
       S. 3353--A                         111
    1  proceedings  against the port authority heretofore given by the two said
    2  states in chapter eight hundred two of the laws of New York of  nineteen
    3  hundred  forty-seven,  as amended, and continued by article XIII of this
    4  chapter,  and  chapter forty-three of the laws of New Jersey of nineteen
    5  hundred forty-seven, as amended; chapter six hundred thirty-one  of  the
    6  laws  of  New  York  of  nineteen  hundred  forty-seven, as amended, and
    7  continued by article XII of this chapter; chapter forty-four of the laws
    8  of New Jersey of nineteen hundred forty-seven, as amended,  and  chapter
    9  five  hundred  thirty-four  of  the laws of New York of nineteen hundred
   10  forty-eight, and continued by article XII of this chapter,  and  chapter
   11  ninety-seven of the laws of New Jersey of nineteen hundred forty-eight.
   12    S  1511. Agreement between the states.  This article together with the
   13  act of the state of New Jersey concurring herein,  shall  constitute  an
   14  agreement between the states of New York and New Jersey supplementary to
   15  and  amendatory  of  the compact between the two said states dated April
   16  thirtieth, nineteen hundred twenty-one and continued  by  article  I  of
   17  this chapter.
   18                                 ARTICLE XVI
   19                 TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS
   20  Section 1601. Governing authority.
   21          1602. Tolls; other charges.
   22          1603. Operation restrictions.
   23          1604. Port authority police force.
   24          1605. Driving procedure.
   25          1606. Operation requirements.
   26          1607. Accident protocol.
   27          1608. Transport restrictions.
   28          1609. Violations.
   29          1610. Definitions.
   30          1611. Severability.
   31          1612. Repeal of previous rules and regulations.
   32          1613. Agreement between the states.
   33          1614. Compliance with state law.
   34          1615. Felonies.
   35          1616. Misdemeanors.
   36          1617. Owner  liability  for  failure  of operator to comply with
   37                  toll collection regulations of the port authority.
   38          1618. Imposition of liability for failure of operator to  comply
   39                  with toll collection regulations of the port authority.
   40          1619. Adjudication of liability.
   41    S 1601. Governing authority.  To the end that the interstate vehicular
   42  crossings  operated  by  the  port authority, pursuant to the compact of
   43  April thirtieth, nineteen hundred twenty-one between the states  of  New
   44  York  and New Jersey creating the port authority, may be efficiently and
   45  safely operated in the interest of the people of the states of New  York
   46  and  New  Jersey  and of the nation, the following rules and regulations
   47  governing traffic on vehicular crossings operated by the port authority,
   48  set forth in sections sixteen hundred two through sixteen hundred  eight
   49  of  this  article,  are  hereby  adopted  by the legislatures of the two
   50  states, and are declared to be binding upon all persons and corporations
   51  affected thereby.
   52    S 1602. Tolls; other charges.   No traffic shall be  permitted  in  or
   53  upon vehicular crossings except upon the payment of such tolls and other
   54  charges as may from time to time be prescribed by the port authority. It
       S. 3353--A                         112
    1  is hereby declared to be unlawful for any person to refuse to pay, or to
    2  evade or to attempt to evade the payment of such tolls or other charges.
    3    S  1603.  Operation restrictions.   No vehicle shall be operated care-
    4  lessly or negligently, or in  disregard  of  the  rights  or  safety  of
    5  others, or without due caution and circumspection, or at a speed or in a
    6  manner so as to endanger unreasonably or to be likely to endanger unrea-
    7  sonably  persons or property, or while the operator thereof is under the
    8  influence of intoxicating liquors or any narcotic or habit-forming drug,
    9  nor shall any vehicle be so constructed, equipped or loaded as to endan-
   10  ger unreasonably or to be likely to  endanger  unreasonably  persons  or
   11  property.
   12    S 1604. Port authority police force.  All persons in or upon vehicular
   13  crossings  must  at  all  times  comply with any lawful order, signal or
   14  direction by voice or hand of any member of the  port  authority  police
   15  force. When traffic is controlled by traffic lights, signs or by mechan-
   16  ical  or  electrical  signals,  such  lights, signs and signals shall be
   17  obeyed unless a port authority police officer directs otherwise.
   18    S 1605. Driving procedure.  Unless otherwise directed, vehicles  shall
   19  at  all  times stay to the right of the center of all roadways except in
   20  the case of one-way roadways; slow-moving vehicles shall remain as close
   21  as possible to the right-hand edge or curb of the roadway; and  where  a
   22  roadway is marked with traffic lanes vehicles shall not cross markings.
   23    S 1606. Operation requirements.  No person shall operate a motor vehi-
   24  cle  in  or  upon  any  part  of  a vehicular crossing unless he is duly
   25  authorized to operate motor vehicles in the state in which such part  of
   26  the  vehicular  crossing is located. No motor vehicle shall be permitted
   27  in or upon any part of a vehicular crossing which is not  registered  in
   28  accordance  with  the  provisions  of the law of the state in which such
   29  part of the vehicular crossing is located.
   30    S 1607. Accident protocol.  The operator of any vehicle involved in an
   31  accident resulting in injury or death to any person  or  damage  to  any
   32  property  shall  immediately stop such vehicle at the scene of the acci-
   33  dent, render such assistance as  may  be  needed,  and  give  his  name,
   34  address,  and  operator's  license and registration number to the person
   35  injured or to any officer or witness of the injury. The operator of such
   36  vehicle shall make a report of such accident in accordance with the  law
   37  of the state in which such accident occurred.
   38    S  1608. Transport restrictions.  No person shall transport in or upon
   39  a vehicular crossing, any dynamite, nitroglycerin, black  powder,  fire-
   40  works,  blasting  caps  or  other  explosives, gasoline, alcohol, ether,
   41  liquid shellac, kerosene, turpentine, formaldehyde or other  inflammable
   42  or  combustible  liquids,  ammonium  nitrate, sodium chlorate, wet hemp,
   43  powdered metallic magnesium, nitro-cellulose film,  peroxides  or  other
   44  readily  inflammable  solids  or oxidizing materials, hydrochloric acid,
   45  sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
   46  ic, carbolic acid, potassium cyanide, tear gas, lewisite  or  any  other
   47  poisonous  substances,  liquids  or gases, or any compressed gas, or any
   48  radio-active article, substance or material, at such time or place or in
   49  such manner or condition as to endanger unreasonably or as to be  likely
   50  to endanger unreasonably persons or property.
   51    S 1609. Violations.  Violations of the rules and regulations set forth
   52  in  sections  sixteen  hundred two through sixteen hundred eight of this
   53  article committed within the territorial limits of either state shall be
   54  punishable as may be provided by the laws of such state but  the  penal-
   55  ties  prescribed  by  either state shall not preclude the port authority
   56  from excluding from vehicular crossings permanently or for  a  specified
       S. 3353--A                         113
    1  time,  all  vehicles violating any of the said rules and regulations, as
    2  well as other vehicles owned or operated by the  owner  or  operator  of
    3  such vehicle.
    4    S  1610.  Definitions.   The following terms as used herein shall have
    5  the indicated meanings:
    6    1. "Traffic" shall include pedestrians, ridden animals, herded animals
    7  and vehicles whether moved by human power or otherwise.
    8    2. "Vehicular crossings" shall include not only  bridges  and  tunnels
    9  operated  by  the  port authority, but also their plazas and approaches,
   10  but shall not include any lands granted by the  port  authority  to  the
   11  states  of  New  York  or  New Jersey or to a municipality for street or
   12  highway purposes even though such street or highway constitutes a  means
   13  of access to or egress from such vehicular crossing.
   14    S  1611. Severability.  If any term or provision of this article shall
   15  be declared unconstitutional or ineffective in whole or  in  part  by  a
   16  court  of  competent  jurisdiction,  then  to  the extent that it is not
   17  unconstitutional or  ineffective,  such  term  or  provisions  shall  be
   18  enforced  and  effectuated,  nor  shall  such determination be deemed to
   19  invalidate the remaining terms or provisions thereof.
   20    S 1612. Repeal of previous rules and regulations.  The two said states
   21  agree that chapter two hundred fifty-one of the  laws  of  New  York  of
   22  nineteen  hundred  thirty-four,  entitled "An act establishing rules and
   23  regulations for the control of traffic on  the  interstate  bridges  and
   24  tunnels  operated  by  the  Port  of  New York Authority and prescribing
   25  proceedings and penalties for their violations", and chapter one hundred
   26  forty-six of the pamphlet laws of New Jersey, nineteen  hundred  thirty-
   27  two, entitled "An act establishing rules and regulations for the control
   28  of  traffic  on the inter-state bridges and tunnels operated by the Port
   29  of New York Authority and  prescribing  proceedings  and  penalties  for
   30  their violations", shall be and are repealed as of the date this article
   31  takes effect.
   32    S  1613. Agreement between the states.  This section and the preceding
   33  sections of this article, together with the  corresponding  sections  of
   34  the  act  of the state of New Jersey concurring herein, shall constitute
   35  an agreement between the states of New York and New Jersey supplementary
   36  to the compact between the two states dated  April  thirtieth,  nineteen
   37  hundred  twenty-one,  and  amendatory  thereof,  and  shall be liberally
   38  construed to effectuate the purposes of said compact and of  the  agree-
   39  ments  of the two states amendatory thereof or supplemental thereto; and
   40  shall be construed to be in aid of and supplemental to and not in  limi-
   41  tation  of  or  in derogation of the powers heretofore conferred upon or
   42  delegated to the port authority.
   43    S 1614. Compliance with state law.  If the violation within the  state
   44  of  any  of  the  rules  and  regulations  set forth in sections sixteen
   45  hundred two through sixteen hundred eight of this article including  but
   46  not  limited  to those regarding the payment of tolls, would have been a
   47  felony, misdemeanor or other punishable  offense  if  committed  on  any
   48  public  road,  street,  highway or turnpike in the municipality in which
   49  such violation occurred, it shall be tried  and  punished  in  the  same
   50  manner  as if it had been committed on such public road, street, highway
   51  or turnpike.
   52    S 1615. Felonies.  Notwithstanding the provisions of  section  sixteen
   53  hundred  fourteen  of this article, if the violation within the state of
   54  the rule and regulation set forth in section  sixteen  hundred  nine  of
   55  this  article  shall result in injury or death to a person or persons or
       S. 3353--A                         114
    1  damage to property in excess of the value of five thousand dollars, such
    2  violation shall constitute a felony.
    3    S  1616. Misdemeanors.  Except as provided in sections sixteen hundred
    4  fourteen and sixteen hundred fifteen  of  this  article,  any  violation
    5  within  the  state  of  any  of  the  rules and regulations set forth in
    6  sections sixteen hundred two through sixteen hundred eight of this arti-
    7  cle including but not limited to those regarding the payment  of  tolls,
    8  shall  constitute  a  misdemeanor  and shall be punishable as an offense
    9  triable in a magistrate's court by a fine  not  exceeding  five  hundred
   10  dollars or by imprisonment not exceeding sixty days or by both such fine
   11  and imprisonment.
   12    S  1617.  Owner  liability for failure of operator to comply with toll
   13  collection regulations of the port authority. Notwithstanding any  other
   14  provision  of  law  and  in  accordance  with  the provisions of section
   15  sixteen hundred eighteen of this article, an owner of a vehicle  may  be
   16  held  liable  for failure of an operator thereof to comply with the toll
   17  collection regulations of the port authority of New York and New  Jersey
   18  (hereinafter  called  port  authority).  The owner of a vehicle shall be
   19  liable pursuant to this section if such vehicle  was  used  or  operated
   20  with  the  permission  of the owner, express or implied, in violation of
   21  the  toll  collection  regulations  of  the  port  authority,  and  such
   22  violation  is  evidenced by information obtained from a photo-monitoring
   23  system, provided, however, that no owner of a vehicle  shall  be  liable
   24  where  the operator of such vehicle has been convicted of a violation of
   25  those toll collection regulations for the same incident.
   26    S 1618. Imposition of liability for failure of operator to comply with
   27  toll collection regulations of the port  authority.  The  liability  set
   28  forth  in  section  sixteen  hundred seventeen of this article, shall be
   29  imposed upon an owner for  a  violation  by  an  operator  of  the  toll
   30  collection regulations of the port authority occurring within the terri-
   31  torial limits of the state of New York in accordance with the following:
   32    1.  For  the purposes of this section, the term "owner" shall mean any
   33  person, corporation, partnership, firm, agency, association, lessor,  or
   34  organization  who,  at  the time of the violation in any city in which a
   35  vehicle is operated: (a) is the beneficial or equitable  owner  of  such
   36  vehicle;  or  (b) has title to such vehicle; or (c) is the registrant or
   37  co-registrant of such vehicle which is registered with the department of
   38  motor vehicles of this state or any other  state,  territory,  district,
   39  province,  nation  or  other jurisdiction; or (d) subject to the limita-
   40  tions set forth in subdivision six of this section, uses such vehicle in
   41  its vehicle renting and/or leasing business; and includes (e)  a  person
   42  entitled  to  the  use and possession of a vehicle subject to a security
   43  interest in another person. For the purposes of this section,  the  term
   44  "operator"  shall mean any person, corporation, firm, partnership, agen-
   45  cy, association, organization or lessee that uses or operates a  vehicle
   46  with  or  without the permission of the owner, and an owner who operates
   47  his or her own vehicle. For purposes of this section, the  term  "photo-
   48  monitoring  system"  shall  mean  a  vehicle sensor installed to work in
   49  conjunction with a toll collection facility which automatically produces
   50  one or more photographs, one or more microphotographs,  a  videotape  or
   51  other recorded images of each vehicle at the time it is used or operated
   52  in  violation  of the toll collection regulations of the port authority.
   53  For purposes of this section, the term "toll collection  regulations  of
   54  the  port  authority"  shall refer to the traffic regulations for inter-
   55  state vehicular crossings operated by the port authority as set forth in
   56  this article and in chapter one hundred ninety-two of the  laws  of  New
       S. 3353--A                         115
    1  Jersey  of  nineteen hundred fifty, and specifically that section of the
    2  laws which prohibits traffic in or upon vehicular crossings operated  by
    3  the  port  authority  except  upon  the  payment of such tolls and other
    4  charges as may from time to time be prescribed by the port authority and
    5  which  further  makes it unlawful for any person to refuse to pay, or to
    6  evade or to attempt to evade the payment of such tolls or other charges.
    7  For purposes of this section, the term "vehicle" shall mean every device
    8  in, upon, or by which a person or property is or may be  transported  or
    9  drawn  upon  a  highway, except devices used exclusively upon stationary
   10  rails or tracks.
   11    2. A certificate, sworn to or affirmed by an agent of the port author-
   12  ity, or a facsimile  thereof,  based  upon  inspection  of  photographs,
   13  microphotographs,  videotape  or  other  recorded  images  produced by a
   14  photo-monitoring system shall be  prima  facie  evidence  of  the  facts
   15  contained  therein  and shall be admissible in any proceeding charging a
   16  violation of toll collection regulations of the port authority, provided
   17  that any photographs,  microphotographs,  videotape  or  other  recorded
   18  images evidencing such a violation shall be available for inspection and
   19  admission  into  evidence  in any proceeding to adjudicate the liability
   20  for such violation.
   21    3. An imposition of liability pursuant to this section shall be  based
   22  upon  a preponderance of evidence as submitted. An imposition of liabil-
   23  ity pursuant to this section shall not be  deemed  a  conviction  of  an
   24  operator  and  shall  not  be  made  part of the motor vehicle operating
   25  record, furnished pursuant to section three hundred  fifty-four  of  the
   26  vehicle  and  traffic  law  of the state of New York, of the person upon
   27  whom such liability is imposed  nor  shall  it  be  used  for  insurance
   28  purposes in the provision of motor vehicle insurance coverage.
   29    4. (a) A notice of liability shall be sent by first class mail to each
   30  person alleged to be liable as an owner for a violation pursuant to this
   31  section  of  the toll collection regulations of the port authority. Such
   32  notice shall be mailed no later  than  thirty  days  after  the  alleged
   33  violation. Personal delivery on the owner shall not be required. A manu-
   34  al  or  automatic  record  of mailing prepared in the ordinary course of
   35  business shall be prima facie evidence of the mailing of the notice.
   36    (b) A notice of liability shall contain the name and  address  of  the
   37  person  alleged  to  be  liable  as an owner for a violation of the toll
   38  collection regulations of the port authority pursuant to  this  section,
   39  the  registration  number of the vehicle involved in such violation, the
   40  location where such violation took place, the  date  and  time  of  such
   41  violation  and  the identification number of the photo-monitoring system
   42  which recorded the violation or other document locator number.
   43    (c) The notice of liability shall  contain  information  advising  the
   44  person  charged  of  the manner and the time in which he may contest the
   45  liability alleged in the notice. Such notice  of  liability  shall  also
   46  contain  a warning to advise the persons charged that failure to contest
   47  in the manner and time provided shall be deemed an admission of  liabil-
   48  ity and that a default judgment may be entered thereon.
   49    (d)  The  notice of liability shall be prepared and mailed by the port
   50  authority or its duly authorized agent.
   51    5. If an owner receives a notice of liability pursuant to this section
   52  for any time period during which the vehicle was reported to the  police
   53  department  as  having  been  stolen,  it shall be a valid defense to an
   54  allegation of liability for a violation of  the  toll  collection  regu-
   55  lations  of the port authority that the vehicle had been reported to the
   56  police as stolen prior to the time the violation occurred  and  had  not
       S. 3353--A                         116
    1  been  recovered by such time. If an owner receives a notice of liability
    2  pursuant to this section for any time period during  which  the  vehicle
    3  was stolen, but not as yet reported to the police as having been stolen,
    4  it  shall  be  a  valid  defense  to  an  allegation  of liability for a
    5  violation of toll collection regulations of the port authority  pursuant
    6  to this section that the vehicle was reported as stolen within two hours
    7  after discovery of the theft by the owner. For purposes of asserting the
    8  defense  provided  by  this  subdivision,  it shall be sufficient that a
    9  certified copy of the police report on the stolen  vehicle  be  sent  by
   10  first class mail to the court or other entity having jurisdiction.
   11    6.  An  owner,  as defined in paragraph (a) of subdivision one of this
   12  section, who is a lessor of a vehicle to which a notice of liability was
   13  issued pursuant to subdivision four of this section shall not be  liable
   14  pursuant  to this section for the violation of the toll collection regu-
   15  lations of the port authority provided that he or she sends to the  port
   16  authority  serving  the  notice  of  liability and to the court or other
   17  entity having jurisdiction a copy of the rental,  lease  or  other  such
   18  contract  document  covering  such vehicle on the date of the violation,
   19  with the name and address of the lessee clearly legible,  within  thirty
   20  days  after  receiving  from  the  port authority or its duly authorized
   21  agent the original notice of liability. Failure to send such information
   22  within such thirty day time period shall render the  lessor  liable  for
   23  the  penalty  prescribed by this section. Where the lessor complies with
   24  the provisions of this subdivision, the lessee of such  vehicle  on  the
   25  date  of  such violation shall be deemed to be the owner of such vehicle
   26  for purposes of this section and shall be subject to liability  for  the
   27  violation  of toll collection regulations of the port authority provided
   28  that the port authority or its duly authorized agent mails a  notice  of
   29  liability to the lessee within ten days after the court, or other entity
   30  having  jurisdiction,  deems the lessee to be the owner. For purposes of
   31  this subdivision the term "lessor" shall mean any  person,  corporation,
   32  firm,  partnership,  agency,  association or organization engaged in the
   33  business of renting or leasing vehicles to any  lessee  under  a  rental
   34  agreement,  lease or otherwise wherein the said lessee has the exclusive
   35  use of said vehicle for any period of time. For  the  purposes  of  this
   36  subdivision, the term "lessee" shall mean any person, corporation, firm,
   37  partnership,  agency,  association or organization that rents, leases or
   38  contracts for the use of one or more  vehicles  and  has  exclusive  use
   39  thereof for any period of time.
   40    7.  Except as provided in subdivision six of this section, if a person
   41  receives a notice of liability pursuant to this section it  shall  be  a
   42  valid  defense  to  an  allegation  of liability for a violation of toll
   43  collection regulations of the port authority  that  the  individual  who
   44  received  the  notice  of liability pursuant to this section was not the
   45  owner of the vehicle at the time the violation occurred.  If  the  owner
   46  liable  for  a  violation of the toll collection regulations of the port
   47  authority pursuant to this section was not the operator of  the  vehicle
   48  at  the  time  of  the  violation,  the owner may maintain an action for
   49  indemnification against the operator. The operator of  the  vehicle  may
   50  apply to the court or other entity having jurisdiction to adjudicate the
   51  liability  imposed  under  this section to accept responsibility for the
   52  violation and satisfactorily discharge all  applicable  tolls,  charges,
   53  and penalties related to the violation.
   54    8. "Electronic toll collection system" shall mean a system of collect-
   55  ing  tolls or charges which is capable of charging an account holder the
   56  appropriate toll or charge by transmission of information from an  elec-
       S. 3353--A                         117
    1  tronic  device on a motor vehicle to the toll lane, which information is
    2  used to charge the account the appropriate toll or charge.  In  adopting
    3  procedures for the preparation and mailing of a notice of liability, the
    4  port  authority  or  its duly authorized agent shall adopt guidelines to
    5  ensure adequate and timely notice  to  all  electronic  toll  collection
    6  system  account  holders  to  inform them when their accounts are delin-
    7  quent. An owner who is an  account  holder  under  the  electronic  toll
    8  collection  system  shall  not  be  found liable for a violation of this
    9  section unless such authority has first sent a notice of delinquency  to
   10  such account holder and the account holder was in fact delinquent at the
   11  time of the violation.
   12    9.  Nothing  in this section shall be construed to limit the liability
   13  of an operator of a vehicle for any violation  of  the  toll  collection
   14  regulations of the port authority. Nothing in this section shall author-
   15  ize or preclude the port authority from excluding from any of its facil-
   16  ities,  in  its  sole discretion, any or all vehicles found liable under
   17  this section as well as other vehicles owned or operated by the owner or
   18  operator of such vehicle.
   19    10. Notwithstanding any  other  provision  of  law,  all  photographs,
   20  microphotographs,  videotape  or other recorded images prepared pursuant
   21  to this section shall be for the exclusive use of the port authority  in
   22  the  discharge of its duties under this section and shall not be open to
   23  the public nor be used in any court in any action or proceeding  pending
   24  therein unless such action or proceeding relates to the imposition of or
   25  indemnification for liability pursuant to this section. The port author-
   26  ity  or  its  duly  authorized  agent shall not sell, distribute or make
   27  available in any  way,  the  names  and  addresses  of  electronic  toll
   28  collection  system  account  holders,  or  any information compiled from
   29  transactions with such account holders, without  such  account  holders'
   30  consent  to any entity that will use such information for any commercial
   31  purpose provided that the foregoing restriction shall not be  deemed  to
   32  preclude  the  exchange  of  such  information between any entities with
   33  jurisdiction over and or operating a toll highway bridge  and/or  tunnel
   34  facility.
   35    S  1619.    Adjudication  of  liability. Adjudication of the liability
   36  imposed upon an owner by section sixteen hundred seventeen of this arti-
   37  cle for a violation of the  toll  collection  regulations  of  the  port
   38  authority  occurring  within  the territorial limits of the state of New
   39  York shall be in accordance with sections two hundred  thirty-five,  two
   40  hundred  thirty-six,  two hundred thirty-seven, two hundred thirty-nine,
   41  two hundred forty, two hundred forty-one, five hundred ten and  eighteen
   42  hundred  nine  of  the vehicle and traffic law, or by such entity having
   43  jurisdiction over violations of the toll collection regulations  of  the
   44  port  authority  occurring within the territorial limits of the state of
   45  New York, provided that all violations shall be heard and determined  in
   46  the  county  in  which  the violation is alleged to have occurred, or by
   47  consent of both parties, in any county in the state of New York in which
   48  the port authority operates or maintains a facility.    An  owner  found
   49  liable  for  a violation of toll collection regulations pursuant to this
   50  section shall for a first violation thereof be  liable  for  a  monetary
   51  penalty  not to exceed fifty dollars or two times the toll evaded which-
   52  ever is greater; for a second violation  thereof  both  within  eighteen
   53  months  be  liable  for  a  monetary  penalty  not to exceed one hundred
   54  dollars or five times the toll evaded whichever is greater; for a  third
   55  or subsequent violation thereof all within eighteen months be liable for
       S. 3353--A                         118
    1  a  monetary penalty not to exceed one hundred fifty dollars or ten times
    2  the toll evaded whichever is greater.
    3                                ARTICLE XVII
    4    RULES AND REGULATIONS GOVERNING TRAFFIC ON HIGHWAYS IN PORT AUTHORITY
    5                          AIR AND MARINE TERMINALS
    6  Section 1701. Definitions.
    7          1702. Vehicle operation.
    8          1703. Adherence to traffic signs and signals.
    9          1704. Requiring use of right side of roadway.
   10          1705. Authorization for operation.
   11          1706. Procedures in case of causing injury.
   12          1707. Prohibited items.
   13          1708. Parking.
   14          1709. Prosecution for violations.
   15          1710. Felony for transport of prohibited items.
   16          1711. Misdemeanor for certain violations.
   17          1712. Exclusion of vehicles in violations.
   18          1713. Reserve clause.
   19    S  1701.  Definitions.   The following terms as used herein shall have
   20  the indicated meanings:
   21    "Air terminals" shall mean developments operated by the port authority
   22  consisting of runways, hangars, control towers,  ramps,  wharves,  bulk-
   23  heads, buildings, structures, parking areas, improvements, facilities or
   24  other  real property necessary, convenient or desirable for the landing,
   25  taking off, accommodation  and  servicing  of  aircraft  of  all  types,
   26  including  but  not limited to airplanes, airships, dirigibles, helicop-
   27  ters, gliders, amphibians, seaplanes, or any other  contrivance  now  or
   28  hereafter used for the navigation of or flight in air or space, operated
   29  by carriers engaged in the transportation of passengers or cargo, or for
   30  the  loading,  unloading,  interchange or transfer of such passengers or
   31  their baggage, or such cargo, or otherwise for the accommodation, use or
   32  convenience of such passengers, or such carriers or their employees,  or
   33  for  the  landing,  taking  off, accommodation and servicing of aircraft
   34  owned or operated by persons other than carriers.
   35    "Air terminal highway" shall mean and include those portions of an air
   36  terminal designated and made available temporarily or permanently by the
   37  port authority to the public for general or limited highway use.
   38    "Marine terminals"  shall  mean  developments  operated  by  the  port
   39  authority  consisting  of  one or more piers, wharves, docks, bulkheads,
   40  slips, basins, vehicular roadways, railroad  connections,  side  tracks,
   41  sidings  or  other  buildings,  structures,  facilities or improvements,
   42  necessary or convenient to the  accommodation  of  steamships  or  other
   43  vessels and their cargoes or passengers.
   44    "Marine  terminal  highway" shall mean and include those portions of a
   45  marine terminal designated and made available temporarily or permanently
   46  by the port authority to the public for general or limited highway use.
   47    "Traffic" shall mean and include pedestrians, animals and vehicles.
   48    S 1702. Vehicle operation.  No vehicle shall be operated  on  any  air
   49  terminal  highway  or marine terminal highway carelessly or negligently,
   50  or in disregard of the rights  or  safety  of  others,  or  without  due
   51  caution and circumspection, or at a speed or in a manner so as to endan-
   52  ger  unreasonably  or  to  be likely to endanger unreasonably persons or
   53  property, or while the operator thereof is under the influence of intox-
   54  icating liquors or any narcotic or habit-forming  drug,  nor  shall  any
       S. 3353--A                         119
    1  vehicle  be operated thereon if it is so constructed, equipped or loaded
    2  as to endanger unreasonably or to be  likely  to  endanger  unreasonably
    3  persons or property.
    4    S  1703.  Adherence  to traffic signs and signals.  All persons on any
    5  air terminal highway or marine terminal highway must at all times comply
    6  with any lawful order, signal or direction  by  voice  or  hand  of  any
    7  member of the port authority police force. When traffic is controlled by
    8  traffic  lights,  signs  or  by  mechanical  or electrical signals, such
    9  lights, signs and signals shall be obeyed unless a port authority police
   10  officer directs otherwise.
   11    S 1704. Requiring use of right side  of  roadway.    Unless  otherwise
   12  directed,  all  vehicles  on any air terminal highway or marine terminal
   13  highway shall at all times stay to the right of the center of the  road-
   14  way,  except in the case of one-way roadways; slow-moving vehicles shall
   15  remain as close as possible to the right-hand edge or curb of the  road-
   16  way;    and  where a roadway is marked with traffic lanes vehicles shall
   17  not cross markings.
   18    S 1705. Authorization for operation.  No person shall operate a  motor
   19  vehicle  on an air terminal highway or marine terminal highway unless he
   20  is duly authorized to operate such vehicle on state and municipal  high-
   21  ways  in the state in which such air terminal highway or marine terminal
   22  highway is located, or unless he is especially authorized  by  the  port
   23  authority  to  operate  motor  vehicles  on such air terminal highway or
   24  marine terminal highway.  No motor vehicle shall be permitted on any air
   25  terminal highway or marine terminal highway unless it is  registered  in
   26  accordance with the provisions of the law of the state in which such air
   27  terminal  highway or marine terminal highway is located, or unless it is
   28  especially authorized by the port authority to be operated on  such  air
   29  terminal highway or marine terminal highway.
   30    S  1706.  Procedures  in  case of causing injury.  The operator of any
   31  vehicle involved in an accident on an air  terminal  highway  or  marine
   32  terminal  highway  which  results  in  injury  or death to any person or
   33  damage to any property shall immediately stop such vehicle at the  scene
   34  of  the  accident, render such assistance as may be needed, and give his
   35  name, address, and operator's license and  registration  number  to  the
   36  person injured or to any officer or witness of the injury.  The operator
   37  of  such vehicle shall make a report of such accident in accordance with
   38  the law of the state in which such accident occurred.
   39    S 1707. Prohibited items.  No person shall transport on any air termi-
   40  nal highway or marine  terminal  highway  any  dynamite,  nitroglycerin,
   41  black  powder,  fireworks,  blasting caps or other explosives, gasoline,
   42  alcohol, ether, liquid shellac, kerosene,  turpentine,  formaldehyde  or
   43  other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
   44  rate,  wet  hemp,  powdered  metallic  magnesium,  nitro-cellulose film,
   45  peroxides or other readily inflammable solids  or  oxidizing  materials,
   46  hydrochloric  acid,  sulfuric  acid  or other corrosive liquids, prussic
   47  acid, phosgene, arsenic, carbolic acid,  potassium  cyanide,  tear  gas,
   48  lewisite,  or  any  other poisonous substances, liquids or gases, or any
   49  compressed gas, or any radioactive article, substance  or  material,  at
   50  such  time or place or in such manner or condition as to endanger unrea-
   51  sonably or as to be likely to endanger unreasonably persons or property;
   52  nor shall any person park any vehicle, or  permit  the  same  to  remain
   53  halted on any air terminal highway or marine terminal highway containing
   54  any  of the foregoing, at such time or place or in such manner or condi-
   55  tion as to endanger unreasonably or as to be likely to  endanger  unrea-
   56  sonably persons or property.
       S. 3353--A                         120
    1    S 1708. Parking.  No person shall park a vehicle or permit the same to
    2  remain  halted  on  any  air terminal highway or marine terminal highway
    3  except at such places and for such periods of time as may be  prescribed
    4  or permitted by the port authority.
    5    S 1709. Prosecution for violations.  If the violation within the state
    6  of  any  of  the  rules and regulations set forth in this article, would
    7  have been a felony, misdemeanor or other punishable offense if committed
    8  on any public road, street, highway or turnpike in the  municipality  in
    9  which  such  violation  occurred,  it shall be tried and punished in the
   10  same manner as if it had been committed on  such  public  road,  street,
   11  highway or turnpike.
   12    S 1710. Felony for transport of prohibited items.  Notwithstanding the
   13  provisions  of  section  seventeen  hundred  two of this article, if the
   14  violation within the state of the rule and regulation promulgated pursu-
   15  ant to this article shall result in injury  or  death  to  a  person  or
   16  persons  or  damage  to property in excess of the value of five thousand
   17  dollars, such violation shall constitute a felony.
   18    S 1711. Misdemeanor for certain violations.   Except  as  provided  in
   19  sections  seventeen  hundred  two  and seventeen hundred three   of this
   20  article, any violation within the state of any of the  rules  and  regu-
   21  lations  promulgated pursuant to this article, shall constitute a misde-
   22  meanor and shall be punishable as an offense triable in  a  magistrate's
   23  court  by  a  fine not exceeding five hundred dollars or by imprisonment
   24  not exceeding sixty days or by both such fine and imprisonment.
   25    S 1712. Exclusion of vehicles in violations.  The penalties prescribed
   26  in this article shall not preclude the  port  authority  from  excluding
   27  from any air terminal highway or marine terminal highway, permanently or
   28  for  a specified time, all vehicles violating any of the rules and regu-
   29  lations promulgated pursuant to this article, as well as other  vehicles
   30  owned or operated by the owner or operator of such vehicle.
   31    S  1713.  Reserve clause.  Nothing herein contained shall be construed
   32  to affect, diminish or impair the power of this state to enact any  law,
   33  or to impair or diminish, or as recognition of the impairment or diminu-
   34  tion  of any power of this state, legislative or otherwise, with respect
   35  to the port authority, its properties, or persons or property thereon.
   36                                ARTICLE XVIII
   37                       NEW YORK - NEW JERSEY AGREEMENT
   38  Section 1801. Enforcement authority.
   39          1802. Guidelines for interpretation.
   40    S 1801. Enforcement authority.  Upon the concurrence of the  state  of
   41  New Jersey, the states of New York and New Jersey agree that each state,
   42  in  the  discretion  of  its legislature, and without further consent or
   43  concurrence by the other state, may from time to time prescribe,  amend,
   44  modify or rescind penalties for violations within its territorial limits
   45  of any rule or regulation, otherwise authorized, of the port of New York
   46  authority  (hereinafter called the "port authority"), and procedures for
   47  the enforcement of such penalties.
   48    S 1802. Guidelines for interpretation.  This section and section eigh-
   49  teen hundred one of this article, together with  corresponding  sections
   50  of the act of the state of New Jersey concurring herein shall constitute
   51  an  agreement between the states of New York and New Jersey supplemental
   52  to the compact between the two states dated  April  thirtieth,  nineteen
   53  hundred  twenty-one,  and shall be liberally construed to effectuate the
   54  purposes of said compact and of the agreements of the two states amenda-
       S. 3353--A                         121
    1  tory thereof and supplemental thereto, and not in limitation  of  or  in
    2  derogation  of  any  powers  heretofore or hereinafter conferred upon or
    3  delegated to the port authority, and not as granting any  power  to  the
    4  port  authority  to  make  rules  and  regulations  except  as elsewhere
    5  provided in said compact and agreements, and shall not be  construed  to
    6  affect,  diminish  or  impair  the  power  of either state to prescribe,
    7  amend, modify or rescind such penalties, or to enact any other  law,  or
    8  to  imply  that the concurrence of the other state therein is necessary,
    9  or was necessary prior to the enactment of this article, or to impair or
   10  diminish, or as recognition of the impairment or diminution of any power
   11  of either state, legislative or otherwise,  with  respect  to  the  port
   12  authority,  its properties, or persons or property thereon, or to affect
   13  the interpretation of the aforesaid compact and agreements  between  the
   14  two states.
   15                                 ARTICLE XIX
   16                      SMOKING REGULATION FOR TERMINALS
   17  Section 1901. Smoking prohibition.
   18          1902. Penalties.
   19    S 1901. Smoking prohibition.  No person shall smoke, carry, or possess
   20  a  lighted  cigarette,  cigar,  pipe,  match or other lighted instrument
   21  capable of causing naked  flame  in  or  about  any  area,  building  or
   22  appurtenance  of an air terminal, owned or operated by the port authori-
   23  ty, or in or upon any area,  bulkhead,  dock,  pier,  wharf,  warehouse,
   24  building,  structure  or shed of a marine terminal, owned or operated by
   25  the port authority, where  smoking  has  been  prohibited  by  the  port
   26  authority  and  where appropriate signs to that effect have been posted,
   27  or on the open deck of any ship, lighter, carfloat, scow or other  simi-
   28  lar  floating  craft  or  equipment when berthed or moored at such dock,
   29  wharf, pier or to a vessel made fast thereto.
   30    S 1902. Penalties.  Any violation of the rule and regulation set forth
   31  in section one thousand nine  hundred  one  of  this  article  shall  be
   32  punishable  as  an  offense triable in a magistrate's court, for a first
   33  offense, by a fine of not more than fifty dollars  or  imprisonment  for
   34  not  more  than thirty days or both;  for a second offense, by a fine of
   35  not less than twenty-five dollars nor more than one hundred  dollars  or
   36  imprisonment  for  not more than sixty days or both;  for a third or any
   37  other subsequent offense, by a fine of not less than fifty  dollars  nor
   38  more than two hundred dollars or by imprisonment for not more than sixty
   39  days or both.
   40                                 ARTICLE XX
   41                   SUITS ON LEASE AT INTERNATIONAL AIRPORT
   42  Section 2001. Suits on lease at International Airport.
   43          2002. Effect.
   44          2003. Venue.
   45          2004. Consent.
   46          2005. Agreement.
   47    S 2001. Suits on lease at International Airport.  Upon the concurrence
   48  of  the  state  of  New  Jersey,  the  states of New York and New Jersey
   49  consent to suits,  actions  or  proceedings  (including  proceedings  to
   50  enforce  arbitration  agreements  and  to  enter  judgments  upon awards
   51  resulting therefrom) of any form or nature, at law, in equity or  other-
   52  wise  by  any person or corporation engaged in the business of scheduled
       S. 3353--A                         122
    1  transportation by aircraft, against the port authority, and  to  appeals
    2  therefrom  and reviews thereof, upon or for the enforcement of any writ-
    3  ten contract for the use or occupancy of space, premises  or  facilities
    4  at  New York International Airport, in the county of Queens, city of New
    5  York, state of New York, executed on or after  January  first,  nineteen
    6  hundred  fifty-three  between  the port authority and any such person or
    7  corporation, or by any such person or corporation  so  contracting  with
    8  the  port  authority upon any cause of action arising out of such use or
    9  occupancy pursuant to any such written contract.
   10    S 2002. Effect.  The consent pursuant to section two thousand  one  of
   11  this  article  is  granted  upon the condition that in suits, actions or
   12  proceedings thereunder for judgments, orders or decrees  restraining  or
   13  enjoining  the  port  authority  from committing or continuing to commit
   14  breaches of such written contract, no such  judgment,  order  or  decree
   15  shall  be entered except upon at least two days' prior written notice to
   16  the port authority of the proposed entry thereof;  and  upon  an  appeal
   17  taken  by  the  port  authority from such judgment, order or decree, the
   18  service of the notice of appeal shall perfect  the  appeal,  without  an
   19  undertaking or other security.
   20    S  2003.  Venue.   The venue in any suit, action or proceeding against
   21  the port authority to which consent is given by this  article  shall  be
   22  laid  within a county or a judicial district, established by one of said
   23  two states or by the United States  and  situated  wholly  or  partially
   24  within the port of New York district. The port authority shall be deemed
   25  to  be  a  resident  of  each  such  county or judicial district for the
   26  purpose of such suits, actions or proceedings and shall be deemed to  be
   27  a citizen of both of said two states.
   28    S  2004. Consent.  Nothing herein contained shall be deemed to revoke,
   29  rescind or affect any consents to suits, actions or proceedings  against
   30  the  port authority heretofore given by the two said states or the terms
   31  and conditions upon which such consents are given.
   32    S 2005. Agreement.  This article together with the act of the state of
   33  New Jersey concurring herein, shall constitute an agreement between  the
   34  states of New York and New Jersey supplementary to and amendatory of the
   35  compact  between  the  two  said  states dated April thirtieth, nineteen
   36  hundred twenty-one.
   37                                 ARTICLE XXI
   38                               NARROWS BRIDGE
   39  Section 2101. Determination to build bridge.
   40          2102. Authorization for construction.
   41          2103. Definitions.
   42          2104. Authorization for agreement with the Triborough Authority.
   43          2105. Funding.
   44          2106. Bi-state covenant.
   45          2107. Security bonds.
   46          2108. Authorization to acquire real property.
   47          2109. Prior consent required.
   48          2110. Authorization of agents to enter property.
   49          2111. Essential government function.
   50          2112. Tax exemption on acquired property.
   51          2113. Governmental nature.
   52          2114. Agreement.
   53    S 2101. Determination to build bridge.   Upon the concurrence  of  the
   54  state  of New Jersey, the states of New York and New Jersey find, deter-
       S. 3353--A                         123
    1  mine and agree that a bridge between  Staten  Island  and  Long  Island,
    2  constituting  a part of the highway system of the port district, created
    3  by their compact of April  thirty,  nineteen  hundred  twenty-one,  will
    4  facilitate  the  flow  of traffic between the two states, will alleviate
    5  congestion in the vehicular crossings  of  the  Hudson  river  and  will
    6  promote  the  movement of commerce between the two states by providing a
    7  direct connection between the state of New Jersey and Long Island in the
    8  state of New York by way of Staten Island and that it is  therefore  the
    9  policy of the two said states to provide such bridge.
   10    S  2102.  Authorization for construction. In furtherance of the afore-
   11  said policy, and in partial effectuation of the comprehensive plan here-
   12  tofore adopted by the two said states for the development  of  the  said
   13  port  district,  the Port of New York Authority is hereby authorized and
   14  empowered to construct, own, maintain and operate a bridge  (hereinafter
   15  called the Narrows bridge) over the Narrows of New York bay, and, in its
   16  discretion  (and  so long as it shall retain title to such bridge), such
   17  additions and improvements  thereto  and  such  approaches  thereto  and
   18  connections  with  highways  and with the bridges between New Jersey and
   19  Staten Island as the Port Authority may  deem  necessary  or  desirable.
   20  The Port Authority may effectuate such approaches or connections, in its
   21  discretion,  by  agreement with any other public agency, which agreement
   22  may provide for the construction, ownership, maintenance or operation of
   23  such approaches or connections by such other public agency.
   24    The Port Authority shall not commence the construction of the  Narrows
   25  bridge  until  after  the  execution  of  an  agreement between the Port
   26  Authority and the Triborough Bridge and  Tunnel  Authority  (hereinafter
   27  called  the Triborough Authority) pursuant to section twenty-one hundred
   28  four of this article.
   29    S 2103. Definitions.   The following terms as  used  in  this  article
   30  shall mean:
   31    "Bonds"  shall  mean  bonds, notes, securities or other obligations or
   32  evidences of indebtedness.
   33    "General reserve fund statutes" shall mean chapter forty-eight of  the
   34  laws  of New York of nineteen hundred thirty-one, as amended and contin-
   35  ued by article XXX of this chapter, and chapter five of the laws of  New
   36  Jersey  of nineteen hundred thirty-one, as amended, and "general reserve
   37  fund" shall mean the general reserve fund of the Port Authority  author-
   38  ized by said statutes.
   39    "Narrows  bridge"  shall  mean not only the bridge itself but also its
   40  approaches, connections, additions and improvements.
   41    "Narrows bridge bonds" shall mean bonds issued by the  Port  Authority
   42  to  provide  funds for Narrows bridge purposes or bonds secured in whole
   43  or in part by a pledge of the revenues of the Port  Authority  from  the
   44  Narrows bridge or bonds so issued and secured.
   45    "Narrows  bridge purposes" shall mean the effectuation, establishment,
   46  construction, rehabilitation, improvement, maintenance or  operation  of
   47  the Narrows bridge and purposes incidental thereto.
   48    "Real property" shall mean lands, structures, franchises and interests
   49  in  land, waters, lands under water and riparian rights, and any and all
   50  things and rights included within the said term, and includes  not  only
   51  fees  simple  absolute  but also any and all lesser interests, including
   52  but not limited to easements, rights-of-way, uses, leases, licenses  and
   53  all other incorporeal hereditaments and every estate, interest or right,
   54  legal  or  equitable, including terms for years and liens thereon by way
   55  of judgments, mortgages or otherwise.
       S. 3353--A                         124
    1    S 2104. Authorization for agreement  with  the  Triborough  Authority.
    2  (a)  The  Port  Authority  is  authorized and empowered to enter into an
    3  agreement with the Triborough Authority (and from time to time to  enter
    4  into  agreements amending the same) for the design, location, financing,
    5  construction,  maintenance  and  operation of the Narrows bridge and any
    6  other matters of like or different character with respect to the Narrows
    7  bridge, and by which the Port Authority  may  grant,  convey,  lease  or
    8  otherwise  transfer  to  the  Triborough Authority or to the city of New
    9  York for the use and occupancy of the Triborough  Authority  any  right,
   10  title or interest of the Port Authority in the Narrows bridge and in any
   11  part  or parts thereof, upon such terms as may be determined by the Port
   12  Authority and the Triborough Authority, including  but  not  limited  to
   13  agreement as to the method of fixing the tolls, rents, charges and other
   14  fees and the rules for the regulation of the use of the bridge.
   15    (b)  So  long  as the Port Authority shall retain title to the Narrows
   16  bridge, it shall, so far as it deems it practicable, treat as  a  single
   17  unified operation the effectuation of the Narrows bridge, the interstate
   18  bridges  and  tunnels  now  operated by the Port Authority and any other
   19  bridges or tunnels which it may construct or operate, raising moneys for
   20  the construction thereof and for the making of  additions  and  improve-
   21  ments  thereto in whole or in part upon its own obligations, and, except
   22  as provided in such agreement or any amendment thereof, establishing and
   23  levying such tolls, rents, charges and other fees as it may deem  neces-
   24  sary  to secure from all of such bridges and tunnels as a group at least
   25  sufficient revenue to meet the expenses  of  the  effectuation  of  such
   26  bridges  and  tunnels  as a group, and to provide for the payment of the
   27  interest upon and amortization and retirement of and the fulfillment  of
   28  the terms of all bonds which it may have issued in connection therewith.
   29  Except  as provided in such agreement or any amendment thereof, no other
   30  agency or commission of either state shall have  jurisdiction  over  the
   31  Narrows bridge so long as the Port Authority shall retain title thereto,
   32  and, except as so provided, all details of the design, location, financ-
   33  ing,  construction,  leasing,  tolls,  rents,  charges  and  other fees,
   34  contracts, maintenance and operation of and rules for the regulation  of
   35  the use of the Narrows bridge so long as the Port Authority shall retain
   36  title  thereto  shall  be within its sole discretion and its decision in
   37  connection with any and all matters  concerning  such  bridge  shall  be
   38  controlling and conclusive.
   39    (c)  The  states  of  New York and New Jersey hereby consent to suits,
   40  actions or proceedings against the Port Authority  upon,  in  connection
   41  with  or  arising out of such agreement or any amendment thereof, by the
   42  Triborough Authority, or by the city of New York if and  to  the  extent
   43  that  such agreement or any amendment thereof shall create rights in the
   44  city of New York, as follows:
   45    (1) For judgments, orders or decrees restraining or enjoining the Port
   46  Authority from transferring title to real property to other  persons  in
   47  cases where it has agreed with the Triborough Authority to transfer such
   48  title to the Triborough Authority or to the city of New York for the use
   49  and occupancy of the Triborough Authority, and
   50    (2) For judgments, orders or decrees restraining or enjoining the Port
   51  Authority from committing or continuing to commit other breaches of such
   52  agreement or any amendment thereof;  provided, that such judgment, order
   53  or  decree  shall  not  be  entered  except upon two days' prior written
   54  notice to the Port Authority of the proposed entry thereof and  provided
   55  further, that upon an appeal taken by the Port Authority from such judg-
   56  ment,  order or decree the service of the notice of appeal shall perfect
       S. 3353--A                         125
    1  the appeal and shall stay the  execution  of  such  judgment,  order  or
    2  decree appealed from, without an undertaking or other security.
    3    Nothing  herein contained shall be deemed to revoke, rescind or affect
    4  any consents to suits, actions or proceedings against the Port Authority
    5  heretofore given by the two said states in chapter three hundred one  of
    6  the  laws of New York of nineteen hundred fifty and continued by article
    7  XV of this chapter and chapter two hundred  four  of  the  laws  of  New
    8  Jersey of nineteen hundred fifty-one.
    9    S  2105. Funding.   The moneys in the general reserve fund of the Port
   10  Authority may be pledged in whole or in part by the  Port  Authority  as
   11  security  for  or  applied  by  it to the repayment with interest of any
   12  moneys which it may raise upon Narrows bridge bonds issued  by  it  from
   13  time  to time and the moneys in said general reserve fund may be applied
   14  by the Port Authority to the fulfillment of any other undertakings which
   15  it may assume to or for the benefit of the holders of any such bonds.
   16    Subject to prior liens and pledges (and to the obligation of the  Port
   17  Authority  to  apply  revenues to the maintenance of its general reserve
   18  fund in the amount prescribed by the general reserve fund statutes), the
   19  revenues of the Port Authority from facilities established, constructed,
   20  acquired or effectuated through the issuance or sale  of  bonds  of  the
   21  Port  Authority  secured  by a pledge of its general reserve fund may be
   22  pledged in whole or in part as security for or  applied  by  it  to  the
   23  repayment  with  interest  of any moneys which it may raise upon Narrows
   24  bridge bonds, and said revenues may be applied by the Port Authority  to
   25  the  fulfillment of any other undertakings which it may assume to or for
   26  the benefit of the holders of such bonds.
   27    In the event that at any time the balance of moneys  theretofore  paid
   28  into  the general reserve fund and not applied therefrom shall exceed an
   29  amount equal to one-tenth of the  par  value  of  all  bonds  legal  for
   30  investment, as defined and limited in the general reserve fund statutes,
   31  issued  by the Port Authority and currently outstanding at such time, by
   32  reason of the retirement of Narrows bridge bonds the par value of  which
   33  had theretofore been included in the computation of said one-tenth, then
   34  the  Port Authority may pledge or apply such excess for and only for the
   35  purposes for which it is authorized by the general reserve fund statutes
   36  to pledge the moneys in the general reserve fund, and such pledge may be
   37  made in advance of the time when such excess may occur.
   38    S 2106. Bi-state covenant.   The two states covenant  and  agree  with
   39  each  other and with the holders of Narrows bridge bonds as security for
   40  which there may or shall be pledged (directly or indirectly, or  through
   41  the  medium  of  its general reserve fund or otherwise) the revenues, or
   42  any part thereof, of the Narrows bridge or any other facility  owned  or
   43  operated by the Port Authority, that the two states will not, so long as
   44  any  of such bonds remain outstanding and unpaid, diminish or impair the
   45  power of the Port Authority to establish, levy and collect tolls, rents,
   46  charges or other fees in connection with the Narrows bridge (so long  as
   47  the  Port Authority shall retain title to such bridge) or any such other
   48  facility;  and that the two said states will not, so long as any of such
   49  bonds remain outstanding and unpaid and so long as  the  Port  Authority
   50  shall  retain title to the Narrows bridge, authorize the construction of
   51  any other vehicular bridges or tunnels (other than  bridges  or  tunnels
   52  exclusively  for  railway  rapid transit purposes) between Staten Island
   53  and Long Island by any person or body other than the Port Authority.
   54    S 2107. Security bonds.  Narrows bridge bonds are hereby made  securi-
   55  ties  in  which  all  state  and  municipal  officers and bodies of both
   56  states, all banks, bankers, trust companies, savings banks, building and
       S. 3353--A                         126
    1  loan associations, savings and loan associations,  investment  companies
    2  and  other  persons carrying on a banking business, all insurance compa-
    3  nies, insurance associations and other persons carrying on an  insurance
    4  business,  and  all  administrators,  executors, guardians, trustees and
    5  other fiduciaries, and all other persons whatsoever, who are now or  may
    6  hereafter  be  authorized  by  either  state  to invest in bonds of such
    7  state, may properly and legally invest  any  funds,  including  capital,
    8  belonging  to  them  or within their control;  and said bonds are hereby
    9  made securities which may properly and legally  be  deposited  with  and
   10  shall  be received by any state or municipal officer or agency of either
   11  state for any purpose for which the deposit of bonds of  such  state  is
   12  now or may hereafter be authorized.
   13    S 2108. Authorization to acquire real property.  If the Port Authority
   14  shall  find  it necessary or convenient to acquire any real property for
   15  Narrows bridge purposes  (including  temporary  construction,  rehabili-
   16  tation  or  improvement),  whether for immediate or future use, the Port
   17  Authority may find and determine  that  such  property,  whether  a  fee
   18  simple  absolute or a lesser interest, is required for a public use, and
   19  upon such determination the said property shall be and shall  be  deemed
   20  to  be  required  for  such public use until otherwise determined by the
   21  Port Authority, and such determination shall not be affected by the fact
   22  that such property has theretofore been taken for and is then devoted to
   23  a public use; but the public use in the hands of or under the control of
   24  the Port Authority shall be deemed superior to the  public  use  in  the
   25  hands  of  any  other  person, association or corporation.   If the Port
   26  Authority shall find it necessary or convenient hereunder to acquire any
   27  real property which is then devoted to a public use, the Port  Authority
   28  shall  have  power to exchange or substitute any other real property for
   29  such real property upon terms agreed to by the Port  Authority  and  the
   30  owner  of  such  property  then devoted to a public use, and to find and
   31  determine that such other real property is also required  for  a  public
   32  use;  upon such determination the said other property shall be and shall
   33  be deemed to be required for such public use.
   34    The Port Authority may acquire and is hereby authorized to acquire any
   35  real property in the state of New York required for a public  use  under
   36  the  preceding  paragraph,  whether  a  fee  simple absolute or a lesser
   37  estate, by the exercise of the right of eminent domain under and  pursu-
   38  ant  to the eminent domain procedure law of the state of New York, or at
   39  the option of the Port Authority pursuant to  any  other  and  alternate
   40  procedure provided by law by such state.  Nothing herein contained shall
   41  be construed to prevent the Port Authority from bringing any proceedings
   42  in  either state to remove a cloud on title or such other proceedings as
   43  it may, in its discretion, deem proper and necessary, or from  acquiring
   44  any such property in either state by negotiation or purchase.
   45    Where  a  person  entitled  to  an award remains in possession of such
   46  property after the time of the vesting of title in the  Port  Authority,
   47  the  reasonable  value  of his use and occupancy of such property subse-
   48  quent to such time, as fixed by  agreement  or  by  the  court  in  such
   49  proceedings  or  by any court of competent jurisdiction, shall be a lien
   50  against such award, subject only to liens of record at the time  of  the
   51  vesting of title in the Port Authority.
   52    S  2109.  Prior  consent  required.  Anything  in  this article to the
   53  contrary notwithstanding, no property now or hereafter vested in or held
   54  by the city of New York shall be taken by the Port Authority without the
   55  authority or consent of the city as provided in said  compact  of  April
   56  thirty,  nineteen  hundred twenty-one. The Port Authority is also hereby
       S. 3353--A                         127
    1  authorized and empowered to acquire from said city by  agreement  there-
    2  with,  and  the  city, 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 the Port Authority shall
    5  find to be necessary for Narrows bridge purposes,  including  such  real
    6  property  as has already been devoted to a public use.  The state of New
    7  York hereby consents to the use and occupation of the real  property  of
    8  such  state  which  the  Port  Authority  shall find to be necessary for
    9  Narrows bridge purposes, including lands of the state lying under water,
   10  and the department, board or division or other agency of the state exer-
   11  cising supervision of such property shall execute such documents  as  it
   12  may deem necessary to evidence the right to such use and occupation.
   13    S 2110. Authorization of agents to enter property.  The Port Authority
   14  and its duly authorized agents, and all persons acting under its author-
   15  ity  and  by  its  direction, may enter in the daytime into and upon any
   16  real property which it shall be necessary so to enter, for  the  purpose
   17  of  making  such surveys, diagrams, maps or plans, or for the purpose of
   18  making such soundings or borings as the Port Authority may  deem  neces-
   19  sary  or  convenient for the purposes of this article and the concurrent
   20  act of the state of New Jersey.
   21    S 2111. Essential government function.  The construction,  maintenance
   22  and  operation of the Narrows bridge are and will be in all respects for
   23  the benefit of the people of the states of New York and New Jersey,  for
   24  the increase of their commerce and prosperity and for the improvement of
   25  their  health  and  living  conditions  and shall be deemed to be public
   26  purposes;  and the Port Authority shall be  regarded  as  performing  an
   27  essential governmental function in undertaking the construction, mainte-
   28  nance  and  operation  thereof and in carrying out the provisions of law
   29  relating thereto.
   30    S 2112. Tax exemption on acquired property.  No taxes  or  assessments
   31  shall  be  levied  or  collected  upon any property acquired or used for
   32  Narrows bridge purposes.
   33    S 2113. Governmental nature. Any declarations contained herein and  in
   34  the  concurrent  act  of  the  state  of  New Jersey with respect to the
   35  governmental nature and public purpose of the Narrows bridge and to  the
   36  exemption of Narrows bridge property from taxation and to the discretion
   37  of the Port Authority with respect to the operation thereof shall not be
   38  construed to imply that other Port Authority property and operations are
   39  not  of  a  governmental nature or do not constitute public purposes, or
   40  that they are subject to taxation, or that  the  determinations  of  the
   41  Port  Authority  with  respect  thereto are not conclusive.   The powers
   42  vested in the Port Authority herein and in the  concurrent  act  of  the
   43  state  of New Jersey (including but not limited to the powers to acquire
   44  real property by condemnation  and  to  make  or  effectuate  additions,
   45  improvements, approaches and connections) shall, except as herein other-
   46  wise  expressly  stated,  be  continuing  powers and no exercise thereof
   47  shall be deemed to exhaust them or any of them.
   48    The provisions of chapter forty-seven of the laws of New York of nine-
   49  teen hundred thirty-one as continued by article III of this chapter  and
   50  chapter  four  of  the laws of New Jersey of nineteen hundred thirty-one
   51  shall not apply to the Narrows bridge.
   52    S 2114. Agreement. This section and the  preceding  sections  of  this
   53  article  constitute  an agreement between the states of New York and New
   54  Jersey supplementary to the compact between the two states  dated  April
   55  thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
   56  be liberally construed to effectuate the purposes of said compact and of
       S. 3353--A                         128
    1  the comprehensive plan heretofore adopted by the  two  states,  and  the
    2  powers  vested  in the Port Authority hereby shall be construed to be in
    3  aid of and supplemental to and not in limitation of or in derogation  of
    4  any  of  the  powers  heretofore conferred upon or delegated to the Port
    5  Authority.
    6                                ARTICLE XXII
    7                       NEW JERSEY TURNPIKE CONNECTIONS
    8  Section 2201. Definitions.
    9          2202. Authorization for agreement with New Jersey agencies.
   10          2203. Securities.
   11    S 2201. Definitions. As used in this article:
   12    1. "Port authority" shall mean the Port of New York Authority;
   13    2. "Bonds" shall mean bonds, notes, securities or other obligations or
   14  evidences of indebtedness;
   15    3. "Newark  bay-Hudson  county  extension"  shall  mean  the  turnpike
   16  project  of  the  New  Jersey  Turnpike  Authority extending between the
   17  vicinity of Port street and Newark airport in the city of Newark and the
   18  vicinity of the Holland tunnel in Hudson county, authorized by  subdivi-
   19  sion  (c)  of section one of chapter forty-one of the laws of New Jersey
   20  of one thousand nine hundred  forty-nine,  as  amended  by  chapter  two
   21  hundred  eighty-six  of  the  laws  of  New  Jersey of one thousand nine
   22  hundred fifty-one;
   23    4. "Newark bay-Hudson county  extension  terminal  connections"  shall
   24  mean  the  connections  to the Newark bay-Hudson county extension at the
   25  following locations:  (a) at or in the vicinity of the westerly  end  of
   26  the  Newark  bay-Hudson  county  extension to interconnect United States
   27  Highway route 1,  the  turnpike  toll  plaza,  Port  street  and  Newark
   28  airport,  and  (b) at or in the vicinity of the Holland tunnel plaza and
   29  thence northerly in Hudson county to a point  at  grade  at  or  in  the
   30  vicinity of Paterson avenue in the city of Hoboken.
   31    S  2202.  Authorization  for  agreement with New Jersey agencies.  The
   32  port authority is hereby authorized and empowered, in its discretion, to
   33  enter into an agreement or agreements upon such terms and conditions  as
   34  it may deem in the public interest, with the New Jersey Turnpike Author-
   35  ity,  or  the  New Jersey state highway department, or both, whereby the
   36  port authority may undertake to pay to such other party  or  parties  to
   37  such  agreement  or  agreements  such portion or portions of the cost of
   38  constructing either or both of said Newark bay-Hudson  county  extension
   39  terminal connections as the port authority shall determine to be propor-
   40  tionate  to  the  benefit  to  facilities  owned or operated by the port
   41  authority from such connections, whether or not such  connections  shall
   42  constitute approaches or connections to such port authority facilities.
   43    S 2203. Securities. The bonds which may be issued by the port authori-
   44  ty  to  provide  funds  to  make  all  or  any portion of the payment or
   45  payments required by an agreement or agreements  authorized  by  section
   46  twenty-two hundred two of this article and for purposes incidental ther-
   47  eto are hereby made securities in which all state and municipal officers
   48  and  bodies of New Jersey and New York, all banks, bankers, trust compa-
   49  nies, savings banks, building and loan  associations,  saving  and  loan
   50  associations, investment companies and other persons carrying on a bank-
   51  ing  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 are now or may hereafter be authorized by either the state of
       S. 3353--A                         129
    1  New  Jersey  or  the state of New York to invest in bonds or other obli-
    2  gations of such state, may properly and legally invest any funds includ-
    3  ing capital belonging to them or within their control;   and said  bonds
    4  are  hereby  made securities which may properly and legally be deposited
    5  with and shall be received by any state or municipal officer  or  agency
    6  of  either  the  state  of  New  Jersey or the state of New York for any
    7  purpose for which the deposit of bonds  or  other  obligations  of  such
    8  state is now or may hereafter be authorized.
    9                                ARTICLE XXIII
   10                           COMMUTER RAILROAD CARS
   11  Section 2301. Commuter railroad cars.
   12    S  2301.  Commuter railroad cars. 1. Upon the concurrence of the state
   13  of New Jersey, the states of New York and New  Jersey  agree  that  each
   14  such  state  may  elect  by  appropriate  legislation to provide for the
   15  purchase and rental by the port of New York authority of  railroad  cars
   16  for passenger transportation in accordance with this article.
   17    2. For the purpose of this article:
   18    (a) "Port authority" shall mean the port of New York authority.
   19    (b)  "Commuter  railroad  of  an electing state" shall mean a railroad
   20  transporting passengers between municipalities in  the  portion  of  the
   21  port  of New York district within such state, the majority of the track-
   22  age of which within the port of  New  York  district  utilized  for  the
   23  transportation of passengers shall be in such state.
   24    (c)  "Railroad  cars"  shall  mean  railroad passenger cars, including
   25  self-propelled cars, and locomotives and other  rolling  stock  used  in
   26  passenger transportation.
   27    3.  (a)  Upon  the election by either state as provided in subdivision
   28  one of  this  section,  the  port  authority  shall  be  authorized  and
   29  empowered to:
   30    (i)  purchase and own railroad cars for the purpose of leasing them to
   31  any commuter railroad of such state;  provided, however, that  no  rail-
   32  road  cars  shall be so purchased except with advances received or money
   33  borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor
   34  shall the port authority incur expenses in connection with such purchase
   35  and ownership except out of such  advances  or  borrowed  money  or  the
   36  rentals received from such leasing;
   37    (ii)  receive  and  accept  advances from such state for such purchase
   38  upon such terms and conditions as such state may specify;
   39    (iii) borrow money from any source for such purchase or for the repay-
   40  ment of such advances or money borrowed, subject to  the  provisions  of
   41  paragraph (b) of this subdivision;
   42    (iv)  secure  the repayment of principal of and interest upon any such
   43  borrowed money by and only by a lien upon such railroad cars,  a  pledge
   44  of the rentals therefrom and the liability of the electing state for the
   45  repayment of such principal and interest;
   46    (v)  lease  such  railroad cars directly or indirectly to any commuter
   47  railroad of such state upon  such  terms  and  conditions  as  the  port
   48  authority  shall  deem in the public interest, including postponement of
   49  receipt of rentals by the port authority in the interest  of  increasing
   50  and  improving  the service rendered to the commuting public;  provided,
   51  however, that no such lease shall become effective  until  it  has  been
   52  approved  in  writing by the officer of the electing state designated by
   53  appropriate legislation;  and
       S. 3353--A                         130
    1    (vi) sell or otherwise dispose of such cars upon such terms and condi-
    2  tions and to such persons as the port authority shall deem in the public
    3  interest, except as may be otherwise directed by such electing state.
    4    (b) The port authority shall not borrow money pursuant to subparagraph
    5  (iii) of paragraph (a) of this subdivision unless and until the electing
    6  state  shall have duly amended its constitution, if necessary, making or
    7  authorizing making the state liable for the repayment of  the  money  so
    8  borrowed and interest thereon or for the fulfillment of the rental obli-
    9  gations  to  the  port authority, or both;  and the port authority shall
   10  not borrow any such money unless and until the electing state  shall  be
   11  made liable for the repayment of any such money.
   12    4.  The  purchase and ownership by the port authority of railroad cars
   13  and the rental thereof to commuter railroads of the states of  New  York
   14  or  New  Jersey  are  and will be in all respects for the benefit of the
   15  people of the said two states for the increase  of  their  commerce  and
   16  prosperity  and  for  the improvement of their health, safety and living
   17  conditions and shall be deemed to  be  public  purposes;  and  the  port
   18  authority  shall  be  regarded  as  performing an essential governmental
   19  function in undertaking such  purchase,  ownership  and  rental  and  in
   20  carrying out the provisions of law relating thereto.
   21    5. The bonds or other evidences of indebtedness which may be issued by
   22  the  port  authority pursuant to this article are hereby made securities
   23  in which all state and municipal officers and bodies, all  banks,  bank-
   24  ers,  trust  companies,  savings  banks,  savings and loan associations,
   25  investment companies and other persons carrying on a  banking  business,
   26  all insurance companies, insurance associations and other persons carry-
   27  ing on an insurance business, and all administrators, executors, guardi-
   28  ans, trustees and other fiduciaries and all other persons whatsoever who
   29  are now or may hereafter be authorized to invest in bonds or other obli-
   30  gations  of  the  electing  state,  may  properly and legally invest any
   31  funds, including capital, belonging to them  or  within  their  control;
   32  and  said bonds or other evidences of indebtedness are hereby made secu-
   33  rities which may properly and legally be deposited  with  and  shall  be
   34  received by any state or municipal officer or agency for any purpose for
   35  which  the  deposit  of  bonds or other evidences of indebtedness of the
   36  electing state is now or may hereafter be authorized.    Such  bonds  or
   37  other evidences of indebtedness shall constitute negotiable instruments.
   38    Notwithstanding  the  provisions  of this or any other legislation the
   39  rentals received by the port authority from the leasing of any  railroad
   40  cars under this article shall not be pooled or applied to the establish-
   41  ment or maintenance of any reserve fund of the port authority pledged as
   42  security  for  any  bonds  or other evidences of indebtedness other than
   43  those issued pursuant to this article, and the bonds or other  evidences
   44  of indebtedness issued pursuant to this article shall not be included in
   45  measuring  the  principal  amount of bonds or other evidences of indebt-
   46  edness upon which the amount of any such reserve fund is calculated.
   47    6. No taxes or assessments shall be levied or collected upon any rail-
   48  road cars owned by the port authority pursuant to this article  or  upon
   49  any leasehold interest therein.
   50    7. (a) The state of New York hereby elects pursuant to subdivision one
   51  of  this  section  to  provide  for  the purchase and rental by the port
   52  authority of railroad cars on the commuter railroads of this state.  The
   53  commissioner of the department of transportation is hereby designated as
   54  the officer of this state for the approval of leases pursuant to subpar-
   55  agraph (v) of paragraph (a) of subdivision three of this section.
       S. 3353--A                         131
    1    (b)  In  the  event  that  this  state shall make advances to the port
    2  authority for the purchase and rental of railroad cars, the port author-
    3  ity shall repay any such advances, pursuant to  an  appropriate  written
    4  agreement  with  the  director  of  the budget entered into prior to the
    5  requisitioning  of such advances, out of money borrowed for such purpose
    6  under subparagraph (iii) of paragraph (a) of subdivision three  of  this
    7  section.  Except as so repaid, such advances shall be repaid annually by
    8  the port authority to the extent and only to the extent  that  the  port
    9  authority  shall have received rentals, directly or indirectly, from all
   10  the commuter railroads of this state to which railroad  cars  have  been
   11  leased  under  this  article in excess of the components of such rentals
   12  which represent the port authority's administrative, legal and financial
   13  expenses in connection with the purchase, ownership and lease.
   14    (c) In the event that railroad cars purchased by  the  port  authority
   15  are  sold  upon  the  default  of any lessee thereof, the port authority
   16  shall deduct from the proceeds of such sale its  unpaid  administrative,
   17  legal  and financial expenses in connection with such lease and sale and
   18  an amount equal to the  unpaid  principal  and  interest  and  mandatory
   19  redemption  premiums,  whenever  payable,  upon its outstanding bonds or
   20  other evidences of indebtedness, the proceeds of the issuance  of  which
   21  shall  have  been  applied to the purchase of the railroad cars sold and
   22  shall pay the balance to this state, but the port authority  shall  have
   23  full  authority to agree with any other creditors of such lessee, either
   24  in advance of or after default, as to the order of payment to  the  port
   25  authority  and  such  other  creditors, either out of the assets of such
   26  lessee available for such creditors, including the  port  authority,  or
   27  out  of  the  proceeds  of  the joint sale of various properties of such
   28  creditors theretofore used by such lessee, including such railroad  cars
   29  of the port authority.
   30    (d) Except as provided in paragraph (c) of this subdivision, any rail-
   31  road cars purchased by the port authority with the proceeds of the issu-
   32  ance  by the port authority of any series of bonds or other evidences of
   33  indebtedness shall become the property of this  state  after  the  final
   34  payment  of  all  the  bonds  or other evidences of indebtedness of such
   35  series, and thereafter shall be held by the port  authority  subject  to
   36  the  disposition  of  this state, and any railroad cars purchased by the
   37  port authority with any advances from this state shall become the  prop-
   38  erty of this state upon the repayment of all such advances solely out of
   39  rentals  in  excess  of  the  port authority's administrative, legal and
   40  financial expenses in connection therewith;  or if the proceeds of  port
   41  authority  bonds  or other evidences of indebtedness of any series shall
   42  have been applied to repay all or any portion  of  such  advances,  then
   43  such cars shall become the property of this state upon the final payment
   44  of  all  such  bonds  or  other  evidences  of such indebtedness of such
   45  series.
   46    (e)(i) To the extent authorized by the constitution at the time of the
   47  issuance of bonds or notes of the port authority for any of the purposes
   48  of this article, the punctual payment of such bonds and notes shall  be,
   49  and  the  same  hereby  is,  fully and unconditionally guaranteed by the
   50  state of New York, both as to principal and interest, according to their
   51  terms;  and such guaranty shall be expressed upon the  face  thereof  by
   52  the  signature  or  facsimile  signature  of the comptroller or a deputy
   53  comptroller of the state of New York.  If the port authority shall  fail
   54  to  pay,  when  due,  the  principal of, or interest upon, such bonds or
   55  notes, such comptroller shall pay the holder thereof.  In furtherance of
   56  such guaranty of punctual payment, if  the  comptroller  of  this  state
       S. 3353--A                         132
    1  shall  receive  written  notice  from  the trustee or other fiduciary or
    2  other duly authorized representative of the holder or  holders  of  such
    3  bonds  and  notes designated in any agreement between the port authority
    4  and such holder or holders that the port authority has failed to make or
    5  deposit  any payment of interest or principal required by such agreement
    6  to or with such trustee or fiduciary or otherwise at or before the  time
    7  specified  in  such  agreement, then such comptroller shall within three
    8  days of the receipt of such notice pay to such trustee or  fiduciary  or
    9  other  duly  authorized  representative the amount necessary to meet any
   10  deficiency in the payment of such interest and principal, when due.
   11    If the comptroller shall make a payment or payments pursuant  to  this
   12  subparagraph,  the  state shall be subrogated to the rights of the bond-
   13  holders or noteholders to whom, or on account of whom, such  payment  or
   14  payments were made, in and to the revenues pledged to such holders;  and
   15  for  such  purpose,  to the extent any such revenues in the hands of the
   16  port authority may be inadequate to repay such payment or payments  made
   17  by the state, the state shall be further subrogated to the rights of the
   18  port authority to recover any rentals due and unpaid to the port author-
   19  ity as of the date of such payment or payments and pledged to such hold-
   20  ers as aforesaid.
   21    (ii)  Such bonds and notes shall be sold by the port authority in such
   22  manner and at such time as the port authority, with the approval of  the
   23  comptroller,  shall  determine.    The proceeds of each sale of bonds or
   24  notes shall be applied to the purpose  or  purposes  set  forth  in  the
   25  resolution  of the port authority authorizing the issuance of such bonds
   26  or notes.  If, after having accomplished the  purpose  or  purposes  set
   27  forth in such resolution there remains any unexpended balance (including
   28  interest earned by the port authority on such proceeds), such unexpended
   29  balance  shall be applied by the port authority, to the extent practica-
   30  ble, to the purchase for retirement or to the  redemption  of  bonds  or
   31  notes  included  in  such  sale,  or otherwise as the port authority may
   32  determine for the purposes of this article.   If any commuter  car,  the
   33  acquisition  of which is financed or refinanced by the issuance of bonds
   34  or notes under this article, be lost, damaged or destroyed, the proceeds
   35  of any insurance policies covering such loss, damage or  destruction  or
   36  any  payments  made  to  the port authority by the lessee of such car on
   37  account of such loss, damage or destruction shall be applied by the port
   38  authority, to the extent practicable, to the purchase for retirement  or
   39  to  the redemption of bonds or notes of such series, or otherwise as the
   40  port authority may determine for the purposes of this article.
   41    (iii) The port authority is designated as the agent of  the  state  of
   42  New  York  for the purpose of selling, leasing or otherwise disposing of
   43  any railroad cars which shall become the property of the state  pursuant
   44  to  paragraph (d) of this subdivision.  As such agent the port authority
   45  may agree, upon such terms and conditions as may be  deemed  appropriate
   46  by it, with any lessee of railroad cars or with any other person, either
   47  in advance of or after the time when such cars shall become the property
   48  of  the  state, so to sell, lease or otherwise dispose of such cars.  In
   49  the event any such cars are so sold, leased or otherwise disposed of  by
   50  the  port  authority, the port authority shall pay over to the state, as
   51  promptly after receipt  as  may  be  practicable,  any  balance  of  the
   52  proceeds  thereof,  which remain after deduction of the port authority's
   53  administrative, legal and financial expenses in connection with or aris-
   54  ing out of such sale, lease or other disposition.
       S. 3353--A                         133
    1                                ARTICLE XXIV
    2                             WORLD TRADE CENTER
    3  Section 2401. World trade center.
    4    S  2401.  World trade center. 1. The states of New York and New Jersey
    5  hereby find and determine:
    6    (a) that the transportation of persons to, from and within the port of
    7  New York, and the flow of foreign and  domestic  cargoes  to,  from  and
    8  through the port of New York are vital and essential to the preservation
    9  of the economic well-being of the northern New Jersey-New York metropol-
   10  itan area;
   11    (b)  that in order to preserve the northern New Jersey-New York metro-
   12  politan area from economic deterioration, adequate  facilities  for  the
   13  transportation of persons must be provided, preserved and maintained and
   14  that  rail  services  are  and will remain of extreme importance to such
   15  transportation of persons;
   16    (c) that the interurban electric railway now or heretofore operated by
   17  the Hudson & Manhattan railroad company is an essential railroad facili-
   18  ty serving the northern New Jersey-New York metropolitan area, that  its
   19  physical  plant  is in a severely deteriorated condition, and that it is
   20  in extreme financial condition;
   21    (d) that the immediate need for the  maintenance  and  development  of
   22  adequate  railroad  facilities for the transportation of persons between
   23  northern New Jersey and New York would be met by the acquisition,  reha-
   24  bilitation and operation of the said Hudson & Manhattan interurban elec-
   25  tric  railway  by a public agency, and improvement and extensions of the
   26  rail transit lines of said railway to permit transfer of its  passengers
   27  to  and  from  other  transportation  facilities and in the provision of
   28  transfer facilities at the points of such transfers;
   29    (e) that in order to preserve and protect the position of the port  of
   30  New York as the nation's leading gateway for world commerce it is incum-
   31  bent  on  the  states of New York and New Jersey to make every effort to
   32  insure that their port receives its rightful  share  of  the  oceanborne
   33  cargo volumes generated by the economy of the nation;
   34    (f)  that  the  servicing  functions and activities connected with the
   35  oceanborne and overseas airborne trade and commerce of the port  of  New
   36  York  district  as  defined  in  the compact between the said two states
   37  dated April thirty, nineteen hundred twenty-one (hereinafter called  the
   38  port  district),  including  customs  clearance,  shipping negotiations,
   39  cargo routing, freight forwarding, financing, insurance arrangements and
   40  other similar transactions which are  presently  performed  in  various,
   41  scattered  locations  in the city of New York, state of New York, should
   42  be centralized to provide for more efficient and economical  transporta-
   43  tion  of  persons  and  more efficient and economical facilities for the
   44  exchange and buying, selling and transportation of commodities and other
   45  property in world trade and commerce;
   46    (g) that unification, at a single,  centrally  located  site,  of  the
   47  principal New York terminal of the aforesaid interurban electric railway
   48  and  a  facility of commerce accommodating the said functions and activ-
   49  ities described in paragraph (f) of this subdivision and the appropriate
   50  governmental, administrative and other services connected with or  inci-
   51  dental  to  transportation of persons and property and the promotion and
   52  protection of port commerce, and providing a central locale for exhibit-
   53  ing and otherwise promoting the  exchange  and  buying  and  selling  of
   54  commodities  and  property  in world trade and commerce, will materially
       S. 3353--A                         134
    1  assist in preserving for the two states and the people thereof the mate-
    2  rial and other benefits of a prosperous port community;
    3    (h) that the port authority, which was created by agreement of the two
    4  states  as  their  joint agent for the development of the transportation
    5  and terminal facilities and other facilities of  commerce  of  the  port
    6  district  and  for the promotion and protection of the commerce of their
    7  port, is the proper agency to act in their behalf (either directly or by
    8  or through wholly-owned subsidiary corporations)  to  effectuate,  as  a
    9  unified project, the said interurban electric railway and its extensions
   10  and the facility of commerce described in paragraph (g) of this subdivi-
   11  sion; and
   12    (i)  that the undertaking of the aforesaid unified project by the port
   13  authority has the single object of preserving, and is part of a  unified
   14  plan  to  aid  in  the  preservation  of, the economic well-being of the
   15  northern New Jersey-New York metropolitan area and is found  and  deter-
   16  mined to be in the public interest.
   17    2.  The  following  terms as used in this act shall have the following
   18  meanings:
   19    (a) "Bonds" shall mean bonds, notes, securities or  other  obligations
   20  or evidences of indebtedness;
   21    (b)  "Effectuation" of a project or any facility or part of a facility
   22  constituting a portion of a project shall include but not be limited  to
   23  its  establishment, acquisition, construction, development, maintenance,
   24  operation, improvement (by way of betterments, additions  or  otherwise)
   25  and rehabilitation;
   26    (c)  "Exchange place terminal area" shall mean the area in the city of
   27  Jersey City, state of New Jersey, bounded generally  by  Exchange  place
   28  and  Montgomery  street,  by  Warren  street, by Pearl street, by Greene
   29  street, and by Morgan street as extended to the  bulkhead  line  and  by
   30  said bulkhead line, together with such additional contiguous area as may
   31  be agreed upon from time to time between the port authority and the said
   32  city;
   33    (d)  "General reserve fund statutes" shall mean chapter forty-eight of
   34  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
   35  continued  by  article XXX of this chapter, and chapter five of the laws
   36  of New Jersey of nineteen hundred thirty-one as  amended,  and  "general
   37  reserve  fund" shall mean the general reserve fund of the port authority
   38  authorized by said statutes;
   39    (e) "Hudson tubes" shall mean that portion  of  the  port  development
   40  project  constituting  a railroad facility consisting of the four inter-
   41  state rail tunnels under the Hudson river now  or  heretofore  owned  or
   42  operated  by  the  Hudson & Manhattan railroad company, the rail transit
   43  lines of the Hudson tubes, the balance of the interurban electric  rail-
   44  way  system  in  and  through said tunnels and over said lines and inci-
   45  dental thereto (including but not limited to the portion of  such  lines
   46  and  system  now or heretofore operated jointly by said railroad company
   47  and the Pennsylvania railroad company),  terminals,  including  but  not
   48  limited to terminals in the Hudson tubes-world trade center area, in the
   49  Journal  square  terminal  area and in the Exchange place terminal area,
   50  and other related railroad property;
   51    (f) "Hudson tubes extensions" shall mean those portions  of  the  port
   52  development  project  constituting  passenger  railroad  facilities  (1)
   53  extending directly from the rail transit lines of the Hudson tubes, over
   54  new rail transit lines or on or over the existing rail transit lines  of
   55  other  railroads,  to transfer facilities in the rail passenger transfer
   56  area, for the transfer of passengers of the Hudson  tubes  to  and  from
       S. 3353--A                         135
    1  other railroads, and (2) extending from Pennsylvania station in the city
    2  of  Newark,  state  of  New Jersey, over new rail transit lines or on or
    3  over the existing rail transit lines of other railroads, to the vicinity
    4  of  the city of Plainfield, state of New Jersey, including construction,
    5  reconstruction and improvement of necessary stations in and between  the
    6  city of Newark and the vicinity of the city of Plainfield, together with
    7  such  additional  rail  or other mass transportation, terminal, station,
    8  parking, storage and service facilities as operations may  require,  and
    9  shall include a connection to provide improved access to Newark interna-
   10  tional  airport if and to the extent such connection shall not be other-
   11  wise provided by the port authority as air terminal facilities for  said
   12  airport,  and  (3) consisting of the following improvements to passenger
   13  railroad lines connecting  with  the  Hudson  tubes:  (i)  direct  track
   14  connections  between  the rail transit lines of the Morris & Essex divi-
   15  sion of the Erie-Lackawanna railroad and the Penn Central transportation
   16  company in the vicinity of the town  of  Kearny  in  the  state  of  New
   17  Jersey,  (ii)  replacement  of the railroad bridge (known as the "portal
   18  bridge") operated by the Penn Central transportation company across  the
   19  Hackensack river, (iii) direct track connections between the rail trans-
   20  it  lines  of the Bergen branch and the mail line of the Erie-Lackawanna
   21  railroad in the vicinity of the town of Secaucus in  the  state  of  New
   22  Jersey  and  between  the new joint line resulting from such connections
   23  and the rail transit lines of the Penn Central transportation company in
   24  the vicinity of the town of Secaucus in the state of New Jersey, (iv)  a
   25  new  railroad  yard in the vicinity of the town of Secaucus in the state
   26  of New Jersey for the accommodation of railroad passenger equipment, (v)
   27  improvements to Pennsylvania station in the city of New York,  state  of
   28  New  York,  and to its railroad approaches from the state of New Jersey,
   29  as necessary or desirable to improve operations and  to  increase  train
   30  and  passenger handling capacity, and (vi) such additional rail or other
   31  mass transportation, terminal, station,  parking,  storage  and  service
   32  facilities as operations may require with respect to any of the projects
   33  identified  in  this subparagraph or any of the foregoing or any portion
   34  thereof; and, in addition thereto, other related railroad property;
   35    (g) "Hudson tubes-world trade center area" shall mean the area in  the
   36  borough  of  Manhattan, city and state of New York, bounded generally by
   37  the east side of Church street on the east, the south  side  of  Liberty
   38  street  and  the south side of Liberty street extended on the south, the
   39  Hudson river on the west, and on the north by a line  beginning  at  the
   40  point  of  intersection  of the Hudson river and the north side of Vesey
   41  street extended, running along the north side of Vesey  street  extended
   42  and  the  north  side  of  Vesey  street  to the west side of Washington
   43  street, then along the west side of Washington street to the north  side
   44  of  Barclay  street,  then along the north side of Barclay street to the
   45  east side of West Broadway, then along the east side of West Broadway to
   46  the north side of Vesey street, then  along  the  north  side  of  Vesey
   47  street  to the east side of Church street, together with such additional
   48  contiguous area as may be agreed upon from time to time between the port
   49  authority and the said city;
   50    (h) "Journal square terminal area" shall mean the area in the city  of
   51  Jersey  City,  state of New Jersey, bounded generally by Journal square,
   52  Hudson boulevard, Pavonia avenue, Summit avenue and Sip avenue, together
   53  with such additional contiguous area as may be agreed upon from time  to
   54  time between the port authority and the said city;
       S. 3353--A                         136
    1    (i)  "Municipality" shall mean a county, city, borough, village, town,
    2  township or other similar political  subdivision  of  New  York  or  New
    3  Jersey;
    4    (j)  "Parking facilities" forming a part of the Hudson tubes or Hudson
    5  tubes extensions shall mean one or more  areas,  buildings,  structures,
    6  improvements  or  other  accommodations  or  appurtenances  at or in the
    7  vicinity of any terminal or station of the Hudson tubes or Hudson  tubes
    8  extensions  and necessary, convenient or desirable in the opinion of the
    9  port authority for the parking of motor vehicles of users of the  Hudson
   10  tubes  or  the  Hudson  tubes  extensions  and of members of the general
   11  public and for the parking and storage of omnibuses  and  railroad  cars
   12  serving users of the Hudson tubes or the Hudson tubes extensions and for
   13  the  transfer  of  the  operators and passengers of such motor vehicles,
   14  omnibuses and railroad cars to and from the railroad cars of the  Hudson
   15  tubes or the Hudson tubes extensions, and for purposes incidental there-
   16  to;
   17    (k) "Purposes of this article" shall mean the effectuation of the port
   18  development  project and of each facility constituting a portion thereof
   19  and of each part of each such facility, and purposes incidental thereto;
   20    (l) "Rail passenger transfer area" shall mean the area in the state of
   21  New Jersey bounded as follows: beginning on the west bank of the  Hudson
   22  river  at the southerly side of the right-of-way of the Central railroad
   23  of New Jersey easterly of the Communipaw station in the city  of  Jersey
   24  City,  thence northwestwardly along said southerly side of the right-of-
   25  way of the Central railroad of New Jersey through the cities  of  Jersey
   26  City and Kearny to Broad street in the city of Newark; thence northward-
   27  ly  along  Broad  street  to  Clay  street, thence eastwardly along Clay
   28  street to the boundary between the counties of Hudson and Essex  in  the
   29  Passaic  river,  thence  northwardly  along  said boundary to its inter-
   30  section with the boundary  line  between  the  counties  of  Bergen  and
   31  Hudson,  thence  eastwardly  and  northwardly along said boundary to New
   32  Jersey state highway route three, thence  eastwardly  along  said  route
   33  three,  the  Lincoln  tunnel  viaduct and a line in continuation of said
   34  viaduct and tunnel to the west bank of the Hudson river,  thence  south-
   35  wardly along said west bank to the point and place of beginning;
   36    (m) "Rail transit lines" shall mean right-of-way and related trackage,
   37  and  the  "rail  transit  lines of the Hudson tubes" shall mean the rail
   38  transit lines beginning at the Market street station of the Pennsylvania
   39  railroad company in the city of Newark, state of New Jersey and  extend-
   40  ing generally (i) eastwardly along the joint service and operating route
   41  now  or  heretofore  used by the Hudson & Manhattan railroad company and
   42  the Pennsylvania railroad company to the  point  of  connection  thereof
   43  with  the  tracks  now  or  formerly  of the Hudson & Manhattan railroad
   44  company in or about  the  Journal  square  terminal  area;  thence  (ii)
   45  continuing  eastwardly  along the tracks and right-of-way now or hereto-
   46  fore used by the Hudson & Manhattan railroad company through the city of
   47  Jersey City, state of New Jersey  and  through  the  tunnels  under  the
   48  waters  of  the Hudson river and through Cortlandt and Fulton streets in
   49  the borough of Manhattan, city and state  of  New  York  to  the  Hudson
   50  terminal in the Hudson tubes-world trade center area; with a branch from
   51  the  aforesaid  route  from a point located between the Grove street and
   52  Exchange place stations in said city  of  Jersey  City  northwardly  and
   53  eastwardly to the Hoboken terminal station in the city of Hoboken, state
   54  of New Jersey and with a second branch from said first branch eastwardly
   55  and through the tunnels under the waters of the Hudson river to the said
   56  borough  of  Manhattan  passing  through  or  adjacent to Morton street,
       S. 3353--A                         137
    1  Greenwich street, Christopher street and  the  avenue  of  the  Americas
    2  (formerly Sixth avenue) to the West Thirty-third street terminal in said
    3  borough  of Manhattan; and rail transit lines of the Hudson tubes and of
    4  the Hudson tubes extensions shall in each case include such rail transit
    5  lines  as the port authority may deem necessary, convenient or desirable
    6  to and from parking facilities, storage yards,  maintenance  and  repair
    7  shops and yards forming part thereof;
    8    (n)  "Real  property"  shall  mean  lands,  structures, franchises and
    9  interests in land, waters, lands under water and riparian rights and any
   10  and all things and rights included within said term,  and  includes  not
   11  only fees simple absolute but also any and all lesser interests, includ-
   12  ing  but not limited to easements, rights-of-way, uses, leases, licenses
   13  and all other incorporeal hereditaments and every  estate,  interest  or
   14  right,  legal or equitable, including terms for years, and liens thereon
   15  by way of judgments, mortgages or otherwise;
   16    (o)  "Related  railroad  property"  shall  mean  any  property,  real,
   17  personal or mixed, necessary, convenient or desirable, in the opinion of
   18  the  port authority, to the effectuation of a railroad facility which is
   19  a portion of the port development project and shall include but  not  be
   20  limited  to  rail  transit  lines;  terminals and stations; power, fuel,
   21  communication, signal and ventilation systems; cars  and  other  rolling
   22  stock; storage yards; repair and maintenance shops, yards, equipment and
   23  parts;  parking  facilities; transfer facilities for transfer of passen-
   24  gers between such railroad facility and other  railroads  or  omnibuses;
   25  offices; and other buildings, structures, improvements, areas, equipment
   26  or  supplies; and, in the case of buildings, structures, improvements or
   27  areas in which any one or more of such railroad functions  are  accommo-
   28  dated  shall  include all of such buildings, structures, improvements or
   29  areas notwithstanding that portions thereof may not be devoted to any of
   30  the purposes of the port development project other than  the  production
   31  of  incidental  revenue available for the expenses of all or part of the
   32  port development project, except that in the  Hudson  tubes-world  trade
   33  center  area the portions of such buildings, structures, improvements or
   34  areas constructed or established pursuant to this article which are  not
   35  devoted  primarily  to  railroad functions, activities or services or to
   36  functions, activities or  services  for  railroad  passengers  shall  be
   37  deemed a part of the world trade center and not related railroad proper-
   38  ty;
   39    (p) "Surplus revenues" from any facility shall mean the balance of the
   40  revenues  from  such facility (including but not limited to the revenues
   41  of any subsidiary corporation incorporated for any of  the  purposes  of
   42  this  act)  remaining  at  any  time  currently in the hands of the port
   43  authority after the deduction of the current expenses of  the  operation
   44  and  maintenance thereof, including a proportion of the general expenses
   45  of the port authority as it  shall  deem  properly  chargeable  thereto,
   46  which  general  expenses shall include but not be limited to the expense
   47  of protecting and promoting the commerce of the port district, and after
   48  the deduction of any amounts which the port authority may  or  shall  be
   49  obligated  or  may or shall have obligated itself to pay to or set aside
   50  out of the current revenues therefrom for the benefit of the holders  of
   51  any  bonds  legal  for investment as defined in the general reserve fund
   52  statutes;
   53    (q) "Surplus revenues of the port development project" shall mean  the
   54  surplus  revenues  of  the Hudson tubes, the Hudson tubes extensions and
   55  the world trade center; and
       S. 3353--A                         138
    1    (r) "World trade center" shall mean that portion of the port  develop-
    2  ment  project  constituting  a facility of commerce consisting of one or
    3  more buildings, structures, improvements and areas necessary, convenient
    4  or desirable in the opinion of the port authority  for  the  centralized
    5  accommodation of functions, activities and services for or incidental to
    6  the  transportation of persons, the exchange, buying, selling and trans-
    7  portation of commodities and other property in world trade and commerce,
    8  the promotion and protection of such trade  and  commerce,  governmental
    9  services  related  to  the  foregoing  and  other governmental services,
   10  including but not limited to custom houses, customs  stores,  inspection
   11  and  appraisal facilities, foreign trade zones, terminal and transporta-
   12  tion  facilities,  parking  areas,  commodity  and  security  exchanges,
   13  offices,  storage,  warehouse,  marketing  and exhibition facilities and
   14  other facilities and accommodations for persons and property and, in the
   15  case of buildings, structures, improvements  and  areas  in  which  such
   16  accommodation  is  afforded, shall include all of such buildings, struc-
   17  tures, improvements and areas other than portions devoted  primarily  to
   18  railroad  functions,  activities or services or to functions, activities
   19  or services for railroad passengers, notwithstanding that other portions
   20  of such buildings, structures, improvements and areas may not be devoted
   21  to purposes of the port development project other than the production of
   22  incidental revenue available for the expenses of all or part of the port
   23  development project.
   24    3. In furtherance of the aforesaid findings and determinations and  in
   25  partial effectuation of and supplemental to the comprehensive plan here-
   26  tofore  adopted  by  the two said states for the development of the said
   27  port district, the port authority is hereby authorized and empowered  to
   28  establish,  acquire,  construct,  effectuate, develop, own, lease, main-
   29  tain, operate, improve and rehabilitate a project herein referred to  as
   30  the  port  development  project,  which  shall  consist of a facility of
   31  commerce herein referred to as the world trade  center,  to  be  located
   32  within the Hudson tubes-world trade center area, and railroad facilities
   33  herein  referred to as the Hudson tubes and the Hudson tubes extensions.
   34  The port authority shall proceed as rapidly as  may  be  practicable  to
   35  accomplish the purposes of this article.
   36    The  port  authority  is hereby authorized and empowered to establish,
   37  levy and collect such rentals, tolls, fares, fees and other  charges  as
   38  it may deem necessary, proper or desirable in connection with any facil-
   39  ity  or part of any facility constituting a portion of the port develop-
   40  ment project and to issue bonds for any of the purposes of this  article
   41  and  to  provide for payment thereof, with interest upon and the amorti-
   42  zation and retirement of such bonds, and to secure all or any portion of
   43  such bonds by a pledge of such rentals, tolls, fares, fees, charges  and
   44  other  revenues  or  any  part thereof (including but not limited to the
   45  revenues of any subsidiary  corporation  incorporated  for  any  of  the
   46  purposes  of  this  article),  and  to secure all or any portion of such
   47  bonds by mortgages upon any property held or to  be  held  by  the  port
   48  authority  (or  by  any  such  subsidiary  corporation)  for  any of the
   49  purposes of this article, and for any of the purposes of this article to
   50  exercise all appropriate powers heretofore or hereafter delegated to  it
   51  by the states of New York and New Jersey, including, but not limited to,
   52  those  expressly set forth in this article.  The surplus revenues of the
   53  port development project may be pledged in whole or in part  as  herein-
   54  after provided.
   55    Unless  and until hereafter expressly authorized by the two states the
   56  port authority shall not: (a) operate or permit operation by  others  of
       S. 3353--A                         139
    1  its  Hudson  tubes  railroad cars or other rolling stock or equipment or
    2  Hudson tubes extensions railroad cars or other rolling stock  or  equip-
    3  ment  except  upon  the rail transit lines of the Hudson tubes or of the
    4  Hudson  tubes  extensions and also between the Market street station and
    5  the South street station of the Pennsylvania  railroad  company  in  the
    6  city  of  Newark,  state  of  New Jersey; or (b) except by way of Hudson
    7  tubes extensions as herein defined, make additions, betterments or other
    8  improvements to or of said Hudson tubes or Hudson  tubes  extensions  by
    9  way  of extensions of their rail transit lines. Nothing herein contained
   10  shall be deemed to prevent the making by  the  port  authority  of  such
   11  joint service or other agreements with railroads as it shall deem neces-
   12  sary, convenient or desirable for the use of the Hudson tubes and Hudson
   13  tubes  extensions  by the railroad cars or other rolling stock or equip-
   14  ment of such railroads and the acquisition of the rights of any  or  all
   15  parties  in any joint service or other agreements the Hudson & Manhattan
   16  railroad company or its successors shall have made with other  railroads
   17  for  such  use of the Hudson tubes. The port authority shall not proceed
   18  with the effectuation of any railroad or railroad facility  in  addition
   19  to  the  Hudson  tubes  and  the Hudson tubes extensions until hereafter
   20  expressly authorized by the two states. Nothing contained in this  arti-
   21  cle  shall  authorize  or  empower  the  port  authority  to  establish,
   22  construct or otherwise effectuate an air terminal.
   23    4. The moneys in the general reserve fund may be pledged in  whole  or
   24  in  part  by  the port authority as security for or applied by it to the
   25  repayment with interest of any moneys which  it  may  raise  upon  bonds
   26  issued  or  incurred  by it from time to time for any of the purposes of
   27  this article or upon bonds secured in whole or in part by the pledge  of
   28  the revenues from the port development project or any portion thereof or
   29  upon bonds both so issued or incurred and so secured;  and the moneys in
   30  said  general  reserve  fund may be applied by the port authority to the
   31  fulfillment of any other undertakings which it may assume to or for  the
   32  benefit of the holders of any such bonds.
   33    Subject  to prior liens and pledges (and to the obligation of the port
   34  authority to apply revenues to the maintenance of  its  general  reserve
   35  fund in the amount prescribed by the general reserve fund statutes), the
   36  revenues from facilities established, constructed, acquired or otherwise
   37  effectuated  through the issuance or sale of bonds of the port authority
   38  secured in whole or in part by a pledge of its general reserve  fund  or
   39  any  portion  thereof may be pledged in whole or in part as security for
   40  or applied by it to any of the purposes of this article,  including  the
   41  repayment  with  interest  of  any  moneys which it may raise upon bonds
   42  issued or incurred from time to time for any of  the  purposes  of  this
   43  article  or  upon bonds secured in whole or in part by the pledge of the
   44  revenues of the port authority from the port development project or  any
   45  portion thereof or upon bonds both so issued or incurred and so secured;
   46  and  said  revenues may be applied by the port authority to the fulfill-
   47  ment of any other undertakings which it may assume to or for the benefit
   48  of the holders of such bonds.
   49    5. In all cases where the port authority has raised or shall hereafter
   50  raise moneys for any of the purposes of this article by  the  issue  and
   51  sale  of  bonds which are secured in whole or in part by a pledge of the
   52  general reserve fund or any portion thereof, the surplus  revenues  from
   53  any  facility constituting a portion of the port development project and
   54  financed in whole or in part out of the proceeds of such bonds  and  the
   55  surplus  revenue  from  any  other  port  authority facility the surplus
   56  revenues of which at such time may be payable into the  general  reserve
       S. 3353--A                         140
    1  fund shall be pooled and applied by the port authority to the establish-
    2  ment  and  maintenance of the general reserve fund in an amount equal to
    3  one-tenth of the par value of all bonds legal for investment, as defined
    4  in  the  general reserve fund statutes, issued by the port authority and
    5  currently outstanding, including  such  bonds  issued  for  any  of  the
    6  purposes  of  this  article; and all such moneys in said general reserve
    7  fund may be pledged and applied in the manner provided  in  the  general
    8  reserve fund statutes.
    9    In the event that any time the balance of moneys theretofore paid into
   10  the  general  reserve  fund  and  not  applied therefrom shall exceed an
   11  amount equal to one-tenth of the par value of all bonds upon the princi-
   12  pal amount of which the amount of the general  reserve  fund  is  calcu-
   13  lated, by reason of the retirement of bonds issued or incurred from time
   14  to  time  for any of the purposes of this article the par value of which
   15  had theretofore been included in the computation of said amount  of  the
   16  general  reserve  fund, then the port authority may pledge or apply such
   17  excess for and only for the purposes for which it is authorized  by  the
   18  general  reserve  fund  statutes  to  pledge  the  moneys in the general
   19  reserve fund and such pledge may be made in advance  of  the  time  when
   20  such excess may occur.
   21    6.  The  two  states  covenant  and agree with each other and with the
   22  holders of any affected bonds, as hereinafter defined, that so  long  as
   23  any  of such bonds remain outstanding and unpaid and the holders thereof
   24  shall not have given their consent as provided in  their  contract  with
   25  the port authority, the two states will not diminish or impair the power
   26  of  the  port  authority (or any subsidiary corporation incorporated for
   27  any of the purposes of this article)  to  establish,  levy  and  collect
   28  rentals,  tolls,  fares,  fees  or  other charges in connection with any
   29  facility constituting a portion of the port development project  or  any
   30  other  facility  owned  or  operated  by the port authority of which the
   31  revenues have been or shall be pledged in whole or in part  as  security
   32  for  such  bonds  (directly  or indirectly, or through the medium of the
   33  general reserve fund or otherwise), or to determine the quantity, quali-
   34  ty, frequency or nature of the service provided in connection with  each
   35  such facility.
   36    "Affected  bonds"  as used in this subdivision shall mean bonds of the
   37  port authority issued or incurred by it from time to time for any of the
   38  purposes of this article or bonds as security for  which  there  may  or
   39  shall  be  pledged, in whole or in part, the general reserve fund or any
   40  reserve fund established by or pursuant to  contract  between  the  port
   41  authority  and  the  holders of such bonds, or the revenues of the world
   42  trade center, Hudson tubes, Hudson tubes extensions or any other facili-
   43  ty owned or operated by the port authority any surplus revenues of which
   44  would be payable into the general reserve fund, or bonds both so  issued
   45  or incurred and so secured.
   46    7.  The  port authority is authorized and empowered to co-operate with
   47  the states of New York and New Jersey, with any municipality,  with  the
   48  federal  government and with any agency or commission of any one or more
   49  of the foregoing, or with any one or more of them, for and in connection
   50  with the  acquisition,  clearance,  replanning,  rehabilitation,  recon-
   51  struction  or  redevelopment of the Hudson tubes-world trade center area
   52  or of any other area forming part of the port  development  project  for
   53  the  purpose  of renewal and improvement of said area and for any of the
   54  purposes of this article, and to enter into an agreement  or  agreements
   55  (and  from time to time to enter into agreements amending or supplement-
   56  ing the same) with any such municipality, commission or agency and  with
       S. 3353--A                         141
    1  the  states  of New York and New Jersey and with the federal government,
    2  or with any one or more of them,  for  or  relating  to  such  purposes,
    3  including  but  not  limited  to  agreements  with  respect to financial
    4  assistance, loans and grants as provided in title one of the housing act
    5  of  nineteen  hundred  forty-nine  and  all  federal laws amendatory and
    6  supplemental thereto and with respect to occupancy of space in the  port
    7  development  project.  The  port  authority  is  hereby  authorized  and
    8  empowered to apply for and accept financial assistance, loans and grants
    9  for such purposes under federal, state or local laws, and to make appli-
   10  cation directly to the proper officials  or  agencies  for  and  receive
   11  federal, state or local loans or grants in aid of any of the purposes of
   12  this article.
   13    8.  If  the  port  authority  shall find it necessary or convenient to
   14  acquire any real property for Narrows bridge purposes (including  tempo-
   15  rary construction, rehabilitation or improvement), whether for immediate
   16  or future use, the port authority may find and determine that such prop-
   17  erty,  whether  a  fee simple absolute or a lesser interest, is required
   18  for a public use, and upon such determination the said property shall be
   19  and shall be deemed to be required for such public use  until  otherwise
   20  determined  by  the  port authority, and such determination shall not be
   21  affected by the fact that such property has theretofore been  taken  for
   22  and  is then devoted to a public use; but the public use in the hands of
   23  or under the control of the port authority shall be deemed  superior  to
   24  the  public  use in the hands of any other person, association or corpo-
   25  ration. If the port authority shall  find  it  necessary  or  convenient
   26  hereunder to acquire any real property which is then devoted to a public
   27  use,  the  port authority shall have power to exchange or substitute any
   28  other real property for such real property upon terms agreed to  by  the
   29  port  authority  and the owner of such property then devoted to a public
   30  use, and to find and determine that such other  real  property  is  also
   31  required  for a public use; upon such determination the said other prop-
   32  erty shall be and shall be deemed to be required for such public use.
   33    The port authority may acquire and is hereby authorized to acquire any
   34  real property in the state of New York required for a public  use  under
   35  the  preceding  paragraph,  whether  a  fee  simple absolute or a lesser
   36  estate, by the exercise of the right of eminent domain under and  pursu-
   37  ant  to the eminent domain procedure law of the state of New York, or at
   38  the option of the port authority pursuant to  any  other  and  alternate
   39  procedure  provided by law by such state. Nothing herein contained shall
   40  be construed to prevent the port authority from bringing any proceedings
   41  in either state to remove a cloud on title or such other proceedings  as
   42  it  may, in its discretion, deem proper and necessary, or from acquiring
   43  any such property in either state by negotiation or purchase.
   44    Where a person entitled to an award  remains  in  possession  of  such
   45  property  after  the time of the vesting of title in the port authority,
   46  and reasonable value of his use and occupancy of  such  property  subse-
   47  quent  to  such  time,  as  fixed  by  agreement or by the court in such
   48  proceedings or by any court of competent jurisdiction, shall be  a  lien
   49  against  such  award, subject only to liens of record at the time of the
   50  vesting of title in the port authority.
   51    9. The states of New York and New  Jersey  hereby  consent  to  suits,
   52  actions  or  proceedings  by any municipality against the port authority
   53  upon, in connection with or arising out of any agreement, or any  amend-
   54  ment  thereof,  entered into for any of the purposes of this article, as
   55  follows:
       S. 3353--A                         142
    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 for transfer of such
    4  title to the municipality;  and
    5    (b) for judgments, orders or decrees restraining or enjoining the port
    6  authority from committing or continuing to commit other breaches of such
    7  agreement or any amendment thereof;  provided, that such judgment, order
    8  or  decree  shall  not  be  entered  except upon two days' prior written
    9  notice to the port  authority  of  the  proposed  entry  thereof;    and
   10  provided  further that upon appeal taken by the port authority from such
   11  judgment, order or decree the service of  the  notice  of  appeal  shall
   12  perfect  the  appeal  and  stay the execution of such judgment, order or
   13  decree appealed from without an undertaking or other security.
   14    Nothing herein contained shall be deemed to revoke, rescind or  affect
   15  any consent to suits, actions, or proceedings against the port authority
   16  heretofore  given by the two said states in chapter three hundred one of
   17  the laws of New York of nineteen hundred fifty and continued by  article
   18  XXV  of  this  chapter,  and chapter two hundred four of the laws of New
   19  Jersey of nineteen hundred fifty-one.
   20    10. The effectuation of the world trade center, the Hudson  tubes  and
   21  the  Hudson  tubes  extensions, or any of such facilities constituting a
   22  portion of the port development project, are and will be in all respects
   23  for the benefit of the people of the states of New York and New  Jersey,
   24  for  the  increase of their commerce and prosperity and for the improve-
   25  ment of their health and living conditions; and the port  authority  and
   26  any  subsidiary corporation incorporated for any of the purposes of this
   27  article shall be regarded as performing an essential governmental  func-
   28  tion  in  undertaking  the effectuation thereof, and in carrying out the
   29  provisions of law relating thereto.
   30    11. The port authority shall be required to pay no  taxes  or  assess-
   31  ments  upon  any  of  the property acquired or used by it for any of the
   32  purposes of this article or upon any deed, mortgage or other  instrument
   33  affecting  such  property  or upon the recording of any such instrument.
   34  However, to the end that no municipality  shall  suffer  undue  loss  of
   35  taxes  and  assessments  by  reason  of the acquisition and ownership of
   36  property by the port authority for any of the purposes of this  article,
   37  the   port   authority  is  hereby  authorized  and  empowered,  in  its
   38  discretion, to enter into a voluntary agreement or agreements  with  any
   39  municipality whereby the port authority will undertake to pay in lieu of
   40  taxes  a fair and reasonable sum or sums annually in connection with any
   41  real property acquired and owned by the port authority for  any  of  the
   42  purposes of this article.  Such sums in connection with any real proper-
   43  ty  acquired  and owned by the port authority for any of the purposes of
   44  this article shall not be more than the sum last paid as taxes upon such
   45  real property prior to the time of its acquisition by the port  authori-
   46  ty;    provided,  however,  that  in  connection with any portion of the
   47  Hudson tubes-world trade center area acquired  and  owned  by  the  port
   48  authority  for  any of the purposes of this article, after such property
   49  is improved pursuant to this article with world trade center  buildings,
   50  structures  or  improvements greater in value than the buildings, struc-
   51  tures or improvements on such Hudson tubes-world trade  center  area  at
   52  the  time of its acquisition by the port authority, then, with regard to
   53  such greater value, such sum or sums may be increased by such additional
   54  sum or sums annually as may be agreed upon between  the  port  authority
   55  and the city of New York which will not include any consideration of the
   56  exhibit  areas  of the world trade center or of any areas which would be
       S. 3353--A                         143
    1  tax exempt in their own right if title were in  the  governmental  occu-
    2  pants or of other areas accommodating services for the public or devoted
    3  to  general public use.  Each such municipality is hereby authorized and
    4  empowered  to  enter  into  such  agreement  or agreements with the port
    5  authority and to accept the payment or payments which the port authority
    6  is hereby authorized and empowered to make, and the sums so received  by
    7  such  municipality  shall  be  devoted to purposes to which taxes may be
    8  applied unless and until otherwise directed by law of the state in which
    9  such municipality is located.
   10    12. All details of the effectuation,  including  but  not  limited  to
   11  details  of  financing,  leasing,  rentals, tolls, fares, fees and other
   12  charges, rates, contracts and service, of the world  trade  center,  the
   13  Hudson tubes and the Hudson tubes extensions by the port authority shall
   14  be  within  its  sole discretion and its decision in connection with any
   15  and all matters concerning the world trade center, the Hudson tubes  and
   16  the  Hudson  tubes  extensions  shall be controlling and conclusive. The
   17  local laws, resolutions, ordinances, rules and regulations of  the  city
   18  of New York shall apply to such world trade center if so provided in any
   19  agreement  between  the  port  authority  and the city and to the extent
   20  provided in any such agreement.
   21    So long as any facility constituting a portion of the port development
   22  project shall be owned, controlled or operated  by  the  port  authority
   23  (either  directly  or  through a subsidiary corporation incorporated for
   24  any of the purposes of this article), no agency, commission  or  munici-
   25  pality  of either or both of the two states shall have jurisdiction over
   26  such facility nor shall any such agency, commission or municipality have
   27  any jurisdiction over the terms or method of effectuation of all or  any
   28  portion  thereof  by the port authority (or such subsidiary corporation)
   29  including but not limited to the transfer of all or any portion  thereof
   30  to or by the port authority (or such subsidiary corporation).
   31    Nothing  in this article shall be deemed to prevent the port authority
   32  from establishing, acquiring, owning, leasing, constructing,  effectuat-
   33  ing, developing, maintaining, operating, rehabilitating or improving all
   34  or  any  portion  of  the  port development project through wholly owned
   35  subsidiary corporations of the port authority or from transferring to or
   36  from any such corporations any moneys, real property or  other  property
   37  for  any  of  the  purposes of this article. If the port authority shall
   38  determine from time to time to form such  a  subsidiary  corporation  it
   39  shall  do  so by executing and filing with the secretary of state of New
   40  York and the secretary of state of New Jersey a certificate of  incorpo-
   41  ration,  which may be amended from time to time by similar filing, which
   42  shall set forth the name of such subsidiary corporation,  its  duration,
   43  the  location  of its principal office, and the purposes of the incorpo-
   44  ration which shall be one or  more  of  the  purposes  of  establishing,
   45  acquiring,  owning,  leasing,  constructing,  effectuating,  developing,
   46  maintaining, operating, rehabilitating or improving all or  any  portion
   47  of  the  port  development  project.    The directors of such subsidiary
   48  corporation shall be the same persons holding the offices of commission-
   49  ers of the port authority.  Such subsidiary corporation shall  have  all
   50  the  powers vested in the port authority itself for the purposes of this
   51  article except that it shall not have  the  power  to  contract  indebt-
   52  edness.   Such subsidiary corporation and any of its property, functions
   53  and activities  shall  have  all  of  the  privileges,  immunities,  tax
   54  exemptions  and  other  exemptions of the port authority and of the port
   55  authority's property, functions and activities.  Such subsidiary  corpo-
   56  ration shall be subject to the restrictions and limitations to which the
       S. 3353--A                         144
    1  port  authority  may  be  subject,  including,  but  not  limited to the
    2  requirement that no action taken at any meeting of the board  of  direc-
    3  tors of such subsidiary corporation shall have force or effect until the
    4  governors  of  the  two  states  shall  have an opportunity, in the same
    5  manner and within the same time as now or hereafter provided by law  for
    6  approval  or  veto of actions taken at any meeting of the port authority
    7  itself, to approve or veto such action.    Such  subsidiary  corporation
    8  shall  be  subject  to  suit in accordance with subdivision nine of this
    9  section and chapter three hundred one of the laws of New York  of  nine-
   10  teen  hundred  fifty  as  continued  by article XXV of this chapter, and
   11  chapter two hundred four of the laws of New Jersey of  nineteen  hundred
   12  fifty-one  as  if  such  subsidiary  corporation were the port authority
   13  itself.   Such subsidiary  corporation  shall  not  be  a  participating
   14  employer  under  the  New York retirement and social security law or any
   15  similar law of either state and the employees  of  any  such  subsidiary
   16  corporation,  except those who are also employees of the port authority,
   17  shall not be deemed employees of the port authority.
   18    Whenever any state, municipality, commission, agency, officer, depart-
   19  ment, board or division is authorized  and  empowered  for  any  of  the
   20  purposes  of  this  article to co-operate and enter into agreements with
   21  the port authority or to grant any consent to the port authority  or  to
   22  grant,  convey,  lease  or  otherwise  transfer any property to the port
   23  authority or to execute any document, such state, municipality,  commis-
   24  sion, agency, officer, department, board or division shall have the same
   25  authorization and power for any of such purposes to co-operate and enter
   26  into  agreements  with such subsidiary corporation and to grant consents
   27  to such subsidiary corporation and to grant, convey, lease or  otherwise
   28  transfer  property  to  such subsidiary corporation and to execute docu-
   29  ments for such subsidiary corporation.
   30    13. The bonds issued by the port authority to provide funds for any of
   31  the purposes of this article are hereby made  securities  in  which  all
   32  state and municipal officers and bodies of both states, all trust compa-
   33  nies  and  banks other than savings banks, all building and loan associ-
   34  ations, savings and loan associations, investment  companies  and  other
   35  persons  carrying on a commercial banking business, all insurance compa-
   36  nies, insurance associations and other persons carrying on an  insurance
   37  business,  and  all  administrators,  executors, guardians, trustees and
   38  other fiduciaries, and all other persons whatsoever (other than  savings
   39  banks),  who  are  now or may hereafter be authorized by either state to
   40  invest in bonds of such state,  may  properly  and  legally  invest  any
   41  funds, including capital, belonging to them or within their control, and
   42  said  bonds are hereby made securities which may properly and legally be
   43  deposited with and shall be received by any state or  municipal  officer
   44  or agency of either state for any purpose for which the deposit of bonds
   45  of  such  state is now or may hereafter be authorized.  The bonds issued
   46  by the port authority to provide funds for any of the purposes  of  this
   47  article  as  security for which the general reserve fund shall have been
   48  pledged in whole or in part are hereby  made  securities  in  which  all
   49  savings  banks also may properly and legally invest any funds, including
   50  capital, belonging to them or within their control.
   51    14.  If the port authority shall  find  it  necessary,  convenient  or
   52  desirable  to  acquire  (either  directly or through a subsidiary corpo-
   53  ration) from time to time any real property or any property  other  than
   54  real  property  (including  but not limited to contract rights and other
   55  intangible personal property and railroad cars or other  rolling  stock,
   56  maintenance  and  repair  equipment  and  parts, fuel and other tangible
       S. 3353--A                         145
    1  personal property), for any of the purposes of this article, whether for
    2  immediate or future use  (including  temporary  construction,  rehabili-
    3  tation  or  improvement), the port authority may find and determine that
    4  such  property,  whether  a fee simple absolute or a lesser interest, is
    5  required for a public use, and upon such determination the said property
    6  shall be and shall be deemed to be required for such  public  use  until
    7  otherwise determined by the port authority, and such determination shall
    8  not  be  affected  by  the  fact that such property has theretofore been
    9  taken for and is then devoted to a public use; but the public use in the
   10  hands of or under the control of the  port  authority  shall  be  deemed
   11  superior to the public use in the hands of any other person, association
   12  or corporation.
   13    The  port authority may acquire and is hereby authorized so to acquire
   14  from time to time, for any of the purposes of this article, such proper-
   15  ty, whether a fee simple absolute or a  lesser  estate,  (including  the
   16  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 or having its situs in such state,
   19  and revised statutes of New Jersey, title twenty: one-one  et  seq.,  in
   20  the  case  of property located in or having its situs in such state, or,
   21  at the option of the port authority, as provided in section  fifteen  of
   22  chapter  forty-three  of  the  laws  of  New  Jersey of nineteen hundred
   23  forty-seven, as amended, in the case of property located  in  or  having
   24  its  situs in such state, or pursuant to such other and alternate proce-
   25  dure as may be provided by law of the state in which  such  property  is
   26  located  or  has its situs; and all of said statutes for the acquisition
   27  of real property shall, for any of the  purposes  of  this  article,  be
   28  applied  also  to  the  acquisition of other property authorized by this
   29  subdivision,  except  that  such  provisions  as  pertain  to   surveys,
   30  diagrams,  maps,  plans  or  profiles,  assessed valuation, lis pendens,
   31  service of notice and papers, filing in the office of the clerk in which
   32  the real property affected is situated and such other provisions  as  by
   33  their  nature cannot be applicable to property other than real property,
   34  shall not be applicable to the acquisition of such  other  property.  In
   35  the  event  that  any  property  other than real property is acquired by
   36  acquisition then, with respect to such other property,  notice  of  such
   37  proceeding and all subsequent notices or court processes shall be served
   38  upon  the  owners  of such other property and upon the port authority by
   39  personal service or by registered or certified mail, except  as  may  be
   40  otherwise directed by the court.
   41    Anything  herein  to  the contrary notwithstanding, any property to be
   42  acquired for any of the purposes of this article, which  property  shall
   43  not  have been used by its owner or owners or any of his or their prede-
   44  cessors in connection with and shall not have been acquired by its owner
   45  or owners or any of his or their predecessors for use in connection with
   46  the effectuation by a railroad company or companies of the Hudson  tubes
   47  or  the  Hudson  tubes  extensions  prior to port authority acquisition,
   48  shall, if such property is personal property, be acquired only by agree-
   49  ment with the owner or  owners  and  shall,  if  such  property  is  not
   50  personal  property,  be acquired in an action or proceeding in the state
   51  in which such property is  located  or  has  its  situs.  Except  as  so
   52  provided,  the port authority is hereby authorized and empowered, in its
   53  discretion, from time to time to combine any property  which  is  to  be
   54  acquired as aforesaid for any of the purposes of this article for acqui-
   55  sition in a single action or proceeding notwithstanding that part of the
   56  the property so to be acquired is located or has its situs in New Jersey
       S. 3353--A                         146
    1  and  part in New York or is personal property or mixed real and personal
    2  property or may be owned by more than one owner; and, except as  herein-
    3  after provided, each such single action or proceeding to acquire proper-
    4  ty  located  or  having it situs part in New Jersey and part in New York
    5  shall be pursuant to the laws of whichever of the two  said  states  the
    6  port  authority shall estimate contains the greater part in value of all
    7  the property to be acquired in such action  or  proceeding  (hereinafter
    8  sometimes  called  the forum state) and in the court or courts specified
    9  in the laws of the forum state for the acquisition by the port authority
   10  of property located or having its situs in the forum state  pursuant  to
   11  this  article,  in which event, notwithstanding the location or situs of
   12  said property, each of said two states hereby confers upon it said court
   13  or courts jurisdiction of such action or proceeding and the port author-
   14  ity and any subsidiary corporation so acquiring such  property  and  the
   15  owners  of  such  property  shall  be  bound by the judgments, orders or
   16  decrees therein. In any such action or proceeding the court or courts of
   17  the forum state shall apply the laws of valuation  of  the  other  state
   18  (hereinafter  sometimes  called  the nonforum state) to the valuation of
   19  the property which is located or has it situs in the nonforum state  and
   20  shall include in the total compensation to be made to any owner of prop-
   21  erty  in  both  states  being  acquired in such action or proceeding the
   22  increment, if any, in the value of such  property  in  both  states,  by
   23  reason  of  its  being  in  a  single ownership. If a judgment, order or
   24  decree in such an action or proceeding shall best title in or  otherwise
   25  award  to  the  authority the right to possession of property located or
   26  having its situs in the nonforum state, then the court or courts of  the
   27  nonforum state shall grant full faith and credit to such judgment, order
   28  or  decree  and upon petition by the authority to the court or courts of
   29  the non forum state specified in the laws thereof for the acquisition by
   30  the port authority of property located or having its situs in the nonfo-
   31  rum state pursuant to this act, presenting a true copy of such judgment,
   32  order or decree and proof that it is  in  effect,  that  any  conditions
   33  thereof  have been met, that at least five days' notice of such petition
   34  has been served by registered or certified mail upon all owners  of  the
   35  property  affected  who appeared in the original action or proceeding in
   36  the forum state or who may be owners  of  record,  and  without  further
   37  proof, a judgment, order or decree of such court or courts of the nonfo-
   38  rum  state  shall  be  entered  granting the authority possession of the
   39  property located or having its situs in the nonforum state and  confirm-
   40  ing any title which shall have vested in the authority or its subsidiary
   41  by  the  judgment,  order  or decree of the court or courts of the forum
   42  state.
   43    The owner of any property acquired for any of  the  purposes  of  this
   44  article  shall  not be awarded for such property any increment above the
   45  just compensation required by the constitutions of the United States and
   46  of the state or states in which the property is located or has its situs
   47  by reason of any circumstances whatsoever.
   48    Nothing herein contained  shall  be  construed  to  prevent  the  port
   49  authority  from  bringing  any proceedings to remove a cloud on title or
   50  such other proceedings as it may, in its  discretion,  deem  proper  and
   51  necessary,  or  from  acquiring  any  such  property  by  negotiation or
   52  purchase.
   53    Where a person entitled to an award in the proceedings to acquire  any
   54  property  for  any of the purposes of this article remains in possession
   55  of such property after the time of the vesting of title in the authority
   56  or its subsidiary, the reasonable value of his use and occupancy of such
       S. 3353--A                         147
    1  property subsequent to such time, as fixed by agreement or by the  court
    2  in  such proceedings or by any court of competent jurisdiction, shall be
    3  a lien against such award, subject only to liens of record at  the  time
    4  of the vesting of title in the authority or its subsidiary.
    5    15. The port authority and its duly authorized agents, and all persons
    6  acting  under  its  authority  and  by  its  direction, may enter in the
    7  daytime into and upon any real property for the purpose of  making  such
    8  surveys, diagrams, maps, plans, soundings or borings as the port author-
    9  ity  may deem necessary, convenient or desirable for any of the purposes
   10  of this act.
   11    16. Any declarations contained herein with respect to the governmental
   12  nature and public purpose of the world trade center,  Hudson  tubes  and
   13  Hudson  tubes extensions and to the exemption of the world trade center,
   14  Hudson tubes and Hudson tubes extensions property and instruments relat-
   15  ing thereto from taxation and to the discretion of  the  port  authority
   16  with  respect  to  said  facilities shall not be construed to imply that
   17  other port authority facilities, property and operations are  not  of  a
   18  governmental  nature  or  do not serve public purposes, or that they are
   19  subject to taxation, or that the determinations of  the  port  authority
   20  with  respect  thereto  are not conclusive.  The powers hereby vested in
   21  the port authority and in any subsidiary  corporation  incorporated  for
   22  any  of  the  purposes of this article (including but not limited to the
   23  power to acquire real property  by  condemnation)  shall  be  continuing
   24  powers  and  no  exercise  thereof by the port authority or a subsidiary
   25  corporation incorporated for any of the purposes of this  article  shall
   26  be deemed to exhaust them or any of them.
   27    17.  This subdivision and the preceding subdivisions hereof constitute
   28  an agreement between the states of New York and New Jersey supplementary
   29  to the compact between the  two  states  dated  April  thirty,  nineteen
   30  hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
   31  construed to effectuate the purposes of said compact and of the  compre-
   32  hensive plan heretofore adopted by the two states, and the powers grant-
   33  ed  to  the port authority shall be construed to be in aid of and not in
   34  limitation or in derogation of any  other  powers  heretofore  conferred
   35  upon or granted to the port authority.
   36    18.  If any subdivision, part, phrase, or provision of this article or
   37  the application thereof to  any  person  or  circumstances  be  adjudged
   38  invalid  by  any court of competent jurisdiction, so long as the article
   39  or remainder of the article shall nonetheless permit  the  effectuation,
   40  as  a  unified project, of the Hudson tubes, Hudson tubes extensions and
   41  the world trade center, such judgment shall be confined in its operation
   42  to the subdivision, part,  phrase,  provision  or  application  directly
   43  involved  in  the  controversy  in  which  such judgment shall have been
   44  rendered and shall not affect or impair the validly of the remainder  of
   45  this  article  or  the  application  thereof to other persons or circum-
   46  stances and the two states hereby declare that they would  have  entered
   47  into  this  article  or the remainder thereof had the invalidity of such
   48  provision or application thereof been apparent.
   49                                 ARTICLE XXV
   50                      SUITS AGAINST THE PORT AUTHORITY
   51  Section 2501. Suits against the port authority.
   52          2502. Agreement between the states.
   53    S 2501. Suits against the port authority. 1.  Upon the concurrence  of
   54  the  state of New Jersey in accordance with chapter three hundred one of
       S. 3353--A                         148
    1  the laws of nineteen hundred fifty, the  states  of  New  York  and  New
    2  Jersey consent to suits, actions or proceedings of any form or nature at
    3  law,  in  equity  or  otherwise  (including proceedings to enforce arbi-
    4  tration agreements) against the port authority, and to appeals therefrom
    5  and  reviews thereof, except as hereinafter provided in subdivisions two
    6  through five of this section.
    7    2.   The foregoing consent  does  not  extend  to  suits,  actions  or
    8  proceedings  upon  any  causes  of action whatsoever accruing before the
    9  effective date of this article, other than causes of  actions  upon,  in
   10  connection  with, or arising out of notes, bonds or other obligations or
   11  securities secured by a pledge of the general reserve fund of  the  port
   12  authority.
   13    3.    The  foregoing  consent  does  not  extend  to suits, actions or
   14  proceedings upon any causes of action whatsoever,  upon,  in  connection
   15  with,  or  arising out of any contract, express or implied, entered into
   16  or assumed by or assigned to the port  authority  before  the  effective
   17  date  of this article (including any supplement to, or amendment, exten-
   18  sion or renewal of any such contract, even if  such  supplement,  amend-
   19  ment,  extension  or  renewal  is made on or after the effective date of
   20  this article), regardless of whether such cause of action accrued before
   21  or after that date, other than causes of action upon, in connection with
   22  or arising out of  notes,  bonds  or  other  obligations  or  securities
   23  secured by a pledge of the general reserve fund of the port authority.
   24    4.    The foregoing consent does not extend to civil suits, actions or
   25  proceedings for the recovery of statutory penalties.
   26    5.   The foregoing consent  does  not  extend  to  suits,  actions  or
   27  proceedings  for  judgments, orders or decrees restraining, enjoining or
   28  preventing the port authority from committing or  continuing  to  commit
   29  any  act or acts, other than suits, actions or proceedings by the attor-
   30  ney general of New York or by the attorney general of  New  Jersey--each
   31  of whom is hereby authorized to bring such suits, actions or proceedings
   32  in  his  discretion  on  behalf  of any person or persons whatsoever who
   33  requests him so to do except in the cases excluded by subdivisions  two,
   34  three  and four of this section; provided, that in any such suit, action
   35  or proceeding, no judgment, order or decree shall be entered except upon
   36  at least two days' prior written notice to the  port  authority  of  the
   37  proposed entry thereof.
   38    6.   The foregoing consent is granted upon the condition that venue in
   39  any suit, action or proceeding against the port authority shall be  laid
   40  within  a  county  or  a  judicial  district, established by one of said
   41  states or by the United States, and situated wholly or partially  within
   42  the  port of New York district. The port authority shall be deemed to be
   43  a resident of each such county or judicial district for the  purpose  of
   44  such  suits,  actions  or  proceedings.  Although  the port authority is
   45  engaged in the performance  of  governmental  functions,  the  said  two
   46  states  consent  to  liability on the part of the port authority in such
   47  suits, actions or proceedings for tortious acts committed by it and  its
   48  agents to the same extent as though it were a private corporation.
   49    7.  The foregoing consent is granted upon the condition that any suit,
   50  action  or  proceeding prosecuted or maintained under this article shall
   51  be commenced within one year after the cause of  action  therefor  shall
   52  have  accrued,  and  upon  the further condition that in the case of any
   53  suit, action or proceeding for the recovery or payment of money,  prose-
   54  cuted  or  maintained  under  this article, a notice of claim shall have
   55  been served upon the port authority by or on behalf of the plaintiff  or
   56  plaintiffs at least sixty days before such suit, action or proceeding is
       S. 3353--A                         149
    1  commenced.  The  provisions  of  this  section shall not apply to claims
    2  arising out of provisions of any workmen's compensation  law  of  either
    3  state.
    4    8.   The notice of claim required by subdivision seven of this section
    5  shall be in writing, sworn to by or on behalf of the claimant or  claim-
    6  ants,  and  shall set forth (1) the name and post office address of each
    7  claimant and of his attorney, if any, (2) the nature of the  claim,  (3)
    8  the  time when, the place where and the manner in which the claim arose,
    9  and (4) the items of damage or injuries claimed to have  been  sustained
   10  so  far  as then practicable. Such notice may be served in the manner in
   11  which process may be served, or in lieu thereof, may be sent  by  regis-
   12  tered  mail  to  the  port  authority at its principal office. Where the
   13  claimant is a person under the age of eighteen years or is  mentally  or
   14  physically  incapacitated  and by reason of such disability no notice of
   15  claim is filed or suit, action or proceeding commenced within  the  time
   16  specified  in subdivision seven of this section, or where a person enti-
   17  tled to make a claim dies and by reason of his death no notice of  claim
   18  is  filed or suit, action or proceeding commenced within the time speci-
   19  fied in subdivision seven of this section then any court in  which  such
   20  suit,  action  or  proceeding may be brought may in its discretion grant
   21  leave to serve the notice of claim and to commence the suit,  action  or
   22  proceeding  within a reasonable time but in any event within three years
   23  after the cause of action accrued. Application for such  leave  must  be
   24  made  upon  an  affidavit  showing the particular facts which caused the
   25  delay and shall be accompanied by a copy of the proposed notice of claim
   26  if such notice has not been served, and such application shall  be  made
   27  only upon notice to the port authority.
   28    9.    The  commissioners,  officers or employees of the port authority
   29  shall not be subject to suits, actions  or  proceedings  for  judgments,
   30  orders  or  decrees  restraining,  preventing or enjoining them in their
   31  official or personal capacities from committing or continuing to  commit
   32  any  act  or  acts  on  behalf  of  the port authority other than suits,
   33  actions and proceedings brought by the attorney general of New  York  or
   34  by  the attorney general of New Jersey or by the port authority itself--
   35  each of said attorneys general being hereby  authorized  to  bring  such
   36  suits,  actions or proceedings in his discretion on behalf of any person
   37  or persons whatsoever who requests him so to  do  except  in  the  cases
   38  excluded  by subdivisions two, three and four of this section; provided,
   39  that in any such suit, action or proceeding brought by  either  attorney
   40  general,  no  judgment,  order or decree shall be entered except upon at
   41  least two days' notice to the defendant of the proposed entry thereof.
   42    10.  Nothing herein contained shall be deemed to  revoke,  rescind  or
   43  affect  any  consents  to suits, actions or proceedings against the port
   44  authority heretofore given by the  two  said  states  in  chapter  eight
   45  hundred  two of the laws of New York of nineteen hundred forty-seven, as
   46  amended and continued by article  XIII  of  this  chapter,  and  chapter
   47  forty-three  of  the laws of New Jersey of nineteen hundred forty-seven,
   48  as amended; chapter six hundred thirty-one of the laws of  New  York  of
   49  nineteen hundred forty-seven, as amended and continued by article XII of
   50  this  chapter;  chapter forty-four of the laws of New Jersey of nineteen
   51  hundred forty-seven, as amended, and chapter five hundred thirty-four of
   52  the laws of New York of nineteen hundred forty-eight  and  continued  by
   53  article  XII of this chapter and chapter ninety-seven of the laws of New
   54  Jersey of nineteen hundred forty-eight.
   55    S 2502. Agreement between the states.  This article together with  the
   56  act  of  the  state of New Jersey concurring herein, shall constitute an
       S. 3353--A                         150
    1  agreement between the states of New York and New Jersey supplementary to
    2  and amendatory of the compact between the two said  states  dated  April
    3  thirtieth, nineteen hundred twenty-one.
    4                                ARTICLE XXVI
    5          RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES
    6  Section 2601. Rules and regulations governing operation of Hudson tubes.
    7    S 2601. Rules and regulations governing operation of Hudson tubes.  1.
    8  The  port  authority  having  duly adopted the following rules and regu-
    9  lations, hereinafter set  forth  in  this  subdivision  in  relation  to
   10  conduct  within  the territorial limits of the state of New York and at,
   11  on or in the Hudson tubes and Hudson tubes extensions  operated  by  its
   12  wholly-owned  subsidiary  the  port  authority  trans-Hudson corporation
   13  (hereinafter called "PATH"), the  penalties  and  procedures  for  their
   14  enforcement  prescribed  in  subdivision  two  shall apply to violations
   15  thereof.
   16                            RULES AND REGULATIONS
   17    (a) No person shall smoke,  carry  or  possess  a  lighted  cigarette,
   18  cigar,  pipe,  match or any lighted instrument causing naked flame in or
   19  about any area, building or appurtenance or in any cars or other rolling
   20  stock of the Hudson tubes or Hudson tubes extensions where  smoking  has
   21  been  prohibited by PATH and where appropriate signs to that effect have
   22  been posted.
   23    (b) No person, unless duly authorized by PATH, shall in  or  upon  any
   24  area,  building,  appurtenance, car or other rolling stock of the Hudson
   25  tubes or Hudson tubes extensions sell or offer for sale any  article  of
   26  merchandise  or solicit any business or trade, including the carrying of
   27  bags for hire, the shining of shoes or bootblacking, or shall  entertain
   28  any  persons  by  singing,  dancing or playing any musical instrument or
   29  solicit alms.  No person, unless duly authorized by  PATH,  shall  post,
   30  distribute  or  display  commercial signs, circulars or other printed or
   31  written matter in or upon the Hudson tubes or Hudson tubes extensions.
   32    (c) No person, who is unable to give satisfactory explanation  of  his
   33  presence,  shall  loiter  about  any  car, or other rolling stock, area,
   34  building or appurtenance of the Hudson tubes or Hudson tubes extensions,
   35  or sleep therein or thereon.
   36    (d) No person not authorized by PATH shall be permitted in or upon any
   37  car or other rolling stock or station or platform  or  parking  facility
   38  within  the Hudson tubes or Hudson tubes extensions, except upon payment
   39  in full of such fares, fees and other charges as may from time  to  time
   40  be  prescribed  by  PATH.    No  person  shall refuse to pay or evade or
   41  attempt to evade the payment in full  of  such  fares,  fees  and  other
   42  charges.
   43    (e)  No  person  shall spit upon, litter or create a nuisance or other
   44  insanitary condition in or on any car  or  other  rolling  stock,  area,
   45  building or appurtenance of the Hudson tubes or Hudson tubes extensions.
   46    (f) No person shall enter any car or other rolling stock, area, build-
   47  ing  or appurtenance of the Hudson tubes or Hudson tubes extensions with
   48  any animal,  except  an  animal  properly  confined  in  an  appropriate
   49  container  or a guide dog properly harnessed and muzzled, accompanying a
   50  blind person carrying a certificate of identification issued by a  guide
   51  dog school.
       S. 3353--A                         151
    1    (g)  No  person  shall  get  on  any car or other rolling stock of the
    2  Hudson tubes or Hudson tubes extensions while it is in  motion  for  the
    3  purpose of obtaining transportation thereon as a passenger nor shall any
    4  person wilfully obstruct, hinder or delay the passage of any such car or
    5  rolling  stock.    No  person  not authorized by PATH shall walk upon or
    6  along any right-of-way or related trackage of the Hudson tubes or Hudson
    7  tubes extensions.
    8    2. Any violation of the provisions of paragraph (a) of subdivision one
    9  of this section, shall be an offense and shall be punishable for a first
   10  conviction thereof by a fine of not more than fifty dollars or imprison-
   11  ment for not more  than  thirty  days  or  both;    for  a  second  such
   12  conviction  by a fine of not less than twenty-five dollars nor more than
   13  one hundred dollars or imprisonment for not  more  than  sixty  days  or
   14  both;  for a third or any other subsequent such conviction, by a fine of
   15  not  less  than  fifty  dollars  nor more than two hundred dollars or by
   16  imprisonment for not more than sixty days or both.   Any person  who  is
   17  guilty  of  violating any other provision of section one of this section
   18  shall be guilty of an offense and shall be  punishable  by  a  fine  not
   19  exceeding ten dollars or by imprisonment not exceeding thirty days or by
   20  both such fine and imprisonment for each conviction thereof.
   21                                ARTICLE XXVII
   22               MASS TRANSPORTATION FACILITIES TO AIR TERMINALS
   23  Section 2701. Mass transportation facilities to air terminals.
   24    S  2701.  Mass  transportation  facilities  to air terminals.   1. The
   25  states of New York and New Jersey hereby find and determine that:
   26    (a) Each air terminal within the port of New York district serves  the
   27  entire  district,  and the problem of furnishing proper and adequate air
   28  terminal facilities within the district is  a  regional  and  interstate
   29  problem;
   30    (b)  Access  by  land travel to the great airports serving the port of
   31  New York district, particularly John F. Kennedy and Newark international
   32  airports, is becoming increasingly difficult, and such access is  neces-
   33  sary for the continued development of such airports which development is
   34  vital  and  essential  to the preservation of the economic well-being of
   35  the northern New Jersey-New York metropolitan area;
   36    (c) Additional highway construction to serve these great  airports  is
   37  not  feasible  and  creates  severe  problems  in terms of increased air
   38  pollution and the preemption of land which might otherwise be devoted to
   39  park purposes and other desirable uses;
   40    (d) Access to these airports by  railroads  or  other  forms  of  mass
   41  transportation  must be undertaken if they are to maintain their preemi-
   42  nence and continue to serve the economic well-being of the northern  New
   43  Jersey-New York metropolitan area;
   44    (e)  Such  mass  transportation facilities may properly be regarded as
   45  constituting a part of each  air  terminal,  the  development  of  which
   46  should  be  the  responsibility  of those charged with the duties of air
   47  terminal development;
   48    (f) It is the purpose of this article to authorize and direct the port
   49  authority of New York and New Jersey  to  undertake  one  or  more  mass
   50  transportation  access  projects  specifically  with  respect to John F.
   51  Kennedy and Newark international  airports  in  order  to  preserve  and
   52  develop  the  economic  well-being  of  the northern New Jersey-New York
   53  metropolitan area, and such undertakings are found and determined to  be
   54  in the public interest.
       S. 3353--A                         152
    1    2.  In furtherance of the aforesaid findings and determinations and in
    2  partial effectuation of the comprehensive plan heretofore adopted by the
    3  two states for the development of terminal and transportation facilities
    4  in the port of New York district, the port authority of New York and New
    5  Jersey  is hereby specifically authorized to undertake pursuant to chap-
    6  ter forty-three of the laws of New Jersey of nineteen hundred forty-sev-
    7  en, as amended, and chapter eight hundred two of the laws of New York of
    8  nineteen hundred forty-seven, as amended and continued by  article  XIII
    9  of this chapter, the following separate air terminal facilities:
   10    (a)  To  provide  access  to Newark international airport.  A railroad
   11  line connecting Newark international airport, including (i)  appropriate
   12  mass  transportation terminal facilities at and within the said airport;
   13  (ii) construction, reconstruction and improvement  of  suitable  offsite
   14  facilities  for  the  accommodation  of  air  passengers, baggage, mail,
   15  express, freight and other users of the connecting facility;  and  (iii)
   16  such  additional  rail  or other mass transportation, terminal, station,
   17  parking, storage and service facilities as operations may require.
   18    (b) To provide access to John F. Kennedy  international  airport.    A
   19  railroad  line  connecting  John F. Kennedy international airport to the
   20  main line of the Long Island railroad in the county of Queens, including
   21  (i) a spur or branch to the Montauk line of the  said  railroad  in  the
   22  said  county;   (ii) appropriate mass transportation terminal facilities
   23  at and within the said airport;  (iii) suitable offsite  facilities  for
   24  the accommodation of air passengers, baggage, mail, express, freight and
   25  other users of the connecting facility; and (iv) such additional rail or
   26  other  mass  transportation,  terminal,  station,  parking,  storage and
   27  service facilities, including improvements to the railroad approaches to
   28  Pennsylvania Station and Jamaica Terminal in the city of  New  York,  as
   29  operations may require.
   30    3.  The port authority of New York and New Jersey is hereby authorized
   31  and empowered to acquire real property located within the port  district
   32  by  condemnation  or  the  right  of  eminent  domain pursuant to and in
   33  accordance with any of the procedures authorized by chapter  forty-three
   34  of  the  laws of New Jersey of nineteen hundred forty-seven, as amended,
   35  in the case of property having its situs in the state of New Jersey, and
   36  by chapter eight hundred two of the laws of New York of nineteen hundred
   37  forty-seven, as amended and continued by article XIII of  this  chapter,
   38  in  the  case of property having its situs in the state of New York, for
   39  and in connection with the undertaking of the air terminal access facil-
   40  ities set forth in subdivision three of this  section.    Such  authori-
   41  zation  and  power to acquire real property by condemnation or the right
   42  of eminent domain may not be exercised in connection with the  undertak-
   43  ing  of access facilities, other than the access facilities set forth in
   44  subdivision three of this section, unless authorized by the laws of  the
   45  state in which such facilities are to be located.
   46    4.  The port authority of New York and New Jersey is hereby authorized
   47  and empowered in its discretion to enter into an agreement or agreements
   48  upon such terms and conditions as it may deem in  the  public  interest,
   49  with  the United States, the state of New Jersey, the state of New York,
   50  or any agency, department, commission, public authority, board or  divi-
   51  sion of any of the foregoing, or any municipality or other public corpo-
   52  ration  in  the  state of New Jersey or in the state of New York, or any
   53  person, firm, association, company or corporation, or any two or more of
   54  the foregoing, to effectuate any one or more of  the  purposes  of  this
   55  article;  and  the  state  of  New Jersey, the state of New York, or any
   56  agency, department, commission, public authority, board or  division  of
       S. 3353--A                         153
    1  either of the foregoing, or any municipality or other public corporation
    2  in  the state of New Jersey or the state of New York, or any two or more
    3  of the foregoing, are hereby authorized and empowered to enter  into  an
    4  agreement or agreements with the port authority to effectuate any one or
    5  more of the purposes of this article.
    6    5.  If  any  section,  part,  phrase, or provision of this article, as
    7  hereby amended and  supplemented  or  the  application  thereof  to  any
    8  person,  project  or  circumstances, be adjudged invalid by any court of
    9  competent jurisdiction, such judgment shall be confined in its operation
   10  to the section, part, phrase, provision or application directly involved
   11  in the controversy in which such judgment shall have been  rendered  and
   12  shall not affect or impair the validity of the remainder of this article
   13  or  the  application thereof to other persons, projects or circumstances
   14  and the two states hereby declare that they would have entered into this
   15  article or the remainder thereof had the invalidity of such provision or
   16  application thereof been apparent.
   17                               ARTICLE XXVIII
   18               INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES
   19  Section 2801. Findings and determinations.
   20          2802. Definitions.
   21          2803. Industrial development projects and facilities.
   22    S 2801. Findings and determinations.  1. The states of  New  York  and
   23  New Jersey hereby find and determine:
   24    a.  that  to  prevent further deterioration of the economy of the port
   25  district and thereby to promote, preserve and protect trade and commerce
   26  in and through the port of New York district as defined in  the  compact
   27  between  the  two states dated April thirtieth, nineteen hundred twenty-
   28  one (hereinafter called the port district), it is the policy of each  of
   29  the  two  states  actively  to  promote,  attract, encourage and develop
   30  economically sound commerce and industry through governmental action;
   31    b. that in order to preserve and protect the position of the  port  of
   32  New  York  as  the  nation's  leading  gateway for world commerce, it is
   33  incumbent on the states of New York and New Jersey to make every  effort
   34  to  insure  that  the port receives its rightful share of interstate and
   35  international commerce generated by the manufacturing, industrial, trade
   36  and commercial segments of the economy of the nation  and  of  the  port
   37  district;
   38    c.  that  since nineteen hundred fifty the number of available jobs in
   39  the port district, particularly within the older central cities thereof,
   40  has decreased, thereby resulting in the  underutilization  of  available
   41  land  and  other resources, the erosion of the port district's tax bases
   42  and a rate of unemployment substantially in excess of the national aver-
   43  age;
   44    d. that in order to preserve the port district from  further  economic
   45  deterioration,  adequate  industrial development projects and facilities
   46  must be provided, preserved and maintained to attract and retain  indus-
   47  try within the port district;
   48    e. that a number of new industrial development projects and facilities
   49  should be organized into industrial parks or districts;
   50    f.  that  the construction of such industrial parks or districts shall
   51  conform to the policies of the two states with  respect  to  affirmative
   52  action and equal employment opportunities;
   53    g.  that  providing  port district industrial development projects and
   54  facilities is in the public interest and involves the exercise of public
       S. 3353--A                         154
    1  and essential governmental functions which may include  appropriate  and
    2  reasonable limitations on competition and which must be performed by the
    3  two  states, or any municipality, public authority, agency or commission
    4  of  either  state  and by a joint agency of the two states to accomplish
    5  the purposes of this article;
    6    h. that it is an objective of the two states, acting through the  port
    7  authority,  to  facilitate reemployment of residents of the older cities
    8  through job training programs and employment opportunity  priorities  in
    9  connection with industrial development parks in their respective cities;
   10    i. that the acquisition and the use by such joint agency of abandoned,
   11  undeveloped or underutilized land or land owned by governmental entities
   12  within  the  port  district for the generation of jobs and to reduce the
   13  hazards of unemployment would promote, preserve and protect  the  indus-
   14  try, trade and commerce of the port district, and will materially assist
   15  in preserving for the two states and the people thereof the material and
   16  other benefits of a prosperous port community;
   17    j.  that  the  collection,  disposal  and utilization of refuse, solid
   18  waste or waste resulting from other treatment processes is  an  activity
   19  of  concern  to  all citizens within the port district, that the health,
   20  safety and general welfare of the  citizens  within  the  port  district
   21  require  efficient  and  reasonable collection and disposal services and
   22  efficient utilization of such refuse, solid  waste  or  waste  resulting
   23  from  other  treatment  processes  with  adequate consideration given to
   24  regional  planning  and   coordination,   and,   therefore,   that   the
   25  construction  and  operation of any port district industrial development
   26  project and facility should conform to the environmental and solid waste
   27  disposal standards and state and county plans therefor in the  state  in
   28  which such project or facility is located;
   29    k.  that  the dedication by the municipalities of the port district of
   30  refuse, solid waste or waste resulting from other treatment processes to
   31  resource recovery to permit the generation of lower  priced  energy  and
   32  the  recovery  of useful materials, together with the commitment by such
   33  municipalities to pay fees to permit  the  delivery  and  removal  after
   34  processing  of  such  refuse  or solid waste at rates and for periods of
   35  time at least sufficient to assure  the  continued  furnishing  of  such
   36  lower  priced energy and material is in the public interest and would be
   37  a major incentive for the attraction and retention  of  industry  within
   38  the port district;
   39    l.  that  the  port  authority of New York and New Jersey (hereinafter
   40  called the port authority), which was created by agreement  of  the  two
   41  states  as a joint agent for the development of terminal, transportation
   42  and other facilities of commerce  of  the  port  district  and  for  the
   43  promotion and protection of the commerce of the port, is a proper agency
   44  to  act  in  their  behalf  (either directly or by any subsidiary corpo-
   45  ration) to finance and effectuate such industrial  development  projects
   46  and facilities;
   47    m.  that  it  is  desirable for the port authority, after consultation
   48  with the governing body of each municipality and within the city of  New
   49  York  the  appropriate  community  board or boards and elsewhere another
   50  government entity or entities designated by such municipality  in  which
   51  industrial development projects or facilities are proposed to be located
   52  and with other persons, including but not limited to private real estate
   53  developers,  to prepare and adopt a master plan providing for the devel-
   54  opment of such industrial development projects  and  facilities  in  the
   55  port  district,  which  plan  shall  give consideration to the extent of
   56  unemployment and the  general  economic  conditions  of  the  respective
       S. 3353--A                         155
    1  portions  of  the port district and shall include among other things the
    2  locations and the nature and scope of such projects  and  facilities  as
    3  may be included in the plan;
    4    n.  that  the  undertaking of such industrial development projects and
    5  facilities by the port authority has the single object of and is part of
    6  a unified plan to aid in preserving the economic well-being of the  port
    7  district and is found and determined to be in the public interest;
    8    o.  that  no  such  port  district industrial development projects and
    9  facilities are to be constructed if the sole intent of the  construction
   10  thereof  would be the removal of an industrial or manufacturing plant of
   11  an occupant of such projects and facilities from one location to another
   12  location or in the abandonment of one or more plants  or  facilities  of
   13  such occupant, unless such port district industrial development projects
   14  and facilities are reasonably necessary to discourage such occupant from
   15  removing  such plant or facility to a location outside the port district
   16  or are reasonably necessary to preserve the competitive position of such
   17  project occupant in its industry;
   18    p. that no such  port  district  industrial  development  projects  or
   19  facilities are to be constructed unless and until the port authority has
   20  entered  into  an agreement or agreements with the municipality in which
   21  any such project or facility is to be located with respect  to  payments
   22  in  lieu  of real estate taxes and the location, nature and scope of any
   23  project or facility;
   24    q. that, subject to entering into said agreement  or  agreements,  the
   25  port  authority should have the ability to acquire, lease, vacate, clear
   26  and otherwise develop abandoned, undeveloped or  underutilized  property
   27  or  property owned by governmental entities within the port district and
   28  to finance and construct industrial development projects and facilities.
   29    S 2802.   Definitions. The following terms as  used  in  this  article
   30  shall have the following meanings:
   31    a. "Bonds" shall mean bonds, notes, securities or other obligations or
   32  evidences of indebtedness;
   33    b.  "Effectuation"  of  any  project  or  facility or part of any such
   34  project or facility shall include but not be limited to  its  establish-
   35  ment,  acquisition,  construction,  development, maintenance, operation,
   36  improvement (by way of betterments, additions or otherwise) and rehabil-
   37  itation by the port authority or any other person and the  provision  of
   38  funds therefor through the issuance of obligations, the making or grant-
   39  ing of loans or otherwise;
   40    c.  "General  reserve fund statutes" shall mean chapter forty-eight of
   41  the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
   42  continued  by  article XXX of this chapter, and chapter five of the laws
   43  of New Jersey of nineteen hundred thirty-one as  amended,  and  "general
   44  reserve  fund" shall mean the general reserve fund of the port authority
   45  authorized by said statutes;
   46    d. "Governing body" shall mean the  board  or  body  vested  with  the
   47  general  legislative  powers  of the municipality in which an industrial
   48  development project or facility will be financed or effectuated pursuant
   49  to this article;
   50    e. "Industrial development project  or  facility"  or  "port  district
   51  industrial  development  project  or facility" shall mean any equipment,
   52  improvement, structure or facility or any land, and any building, struc-
   53  ture, facility or other improvement thereon, or any combination thereof,
   54  and all real and personal property, located within the New York  portion
   55  of  the port district or within a municipality in the New Jersey portion
   56  of the port district which qualified for state aid under the  provisions
       S. 3353--A                         156
    1  of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or
    2  which may hereafter qualify for such aid, including, but not limited to,
    3  machinery,  equipment and other facilities deemed necessary or desirable
    4  in  connection  therewith,  or incidental thereto, whether or not now in
    5  existence or under construction, which shall be considered  suitable  by
    6  the port authority for manufacturing, research, non-retail commercial or
    7  industrial  purposes within an industrial park, or for purposes of ware-
    8  housing or consumer and supporting services directly related to  any  of
    9  the  foregoing  or to any other port authority project or facility;  and
   10  which may also include or be an industrial pollution control facility or
   11  a resource recovery facility, provided that no such industrial  develop-
   12  ment project or facility may include or be a facility used for the stor-
   13  age of chemicals, fuel or liquified natural gas unless incidental to the
   14  effectuation of such industrial development project or facility;
   15    f.  "Industrial  pollution control facility" shall mean any equipment,
   16  improvement, structure or facility or any land, and any building, struc-
   17  ture, facility or other improvement thereon, or any combination thereof,
   18  and all real and personal property, located within  the  port  district,
   19  including, but not limited to, machinery, equipment and other facilities
   20  deemed  necessary  or  desirable in the opinion of the port authority in
   21  connection therewith, or incidental  thereto,  whether  or  not  now  in
   22  existence or under construction, having to do with or the end purpose of
   23  which  is  the  control,  abatement or prevention of land, sewer, water,
   24  air, noise or general environmental pollution deriving from  the  opera-
   25  tion  of industrial, manufacturing, warehousing, commercial and research
   26  facilities, including, but not limited  to  any  air  pollution  control
   27  facility,  noise  abatement  facility,  water management facility, waste
   28  water collecting system, waste water treatment works,  sewage  treatment
   29  works  system,  sewage treatment system or solid waste disposal facility
   30  or site, provided that no such industrial pollution control facility may
   31  include or be used as a site for organic landfill or be of  a  character
   32  or  nature  generally  furnished  or  supplied by any other governmental
   33  entity where such industrial pollution control facility is located with-
   34  out the consent of such governmental entity;
   35    g. "Municipality" means a city, county, town or  village  all  or  any
   36  part  of  which  is  located  within  the  New  York portion of the port
   37  district, or a city, county, town, borough or township all or  any  part
   38  of which is located within the New Jersey portion of the port district;
   39    h.  "Person"  means any person, including individuals, firms, partner-
   40  ships, associations, societies,  trusts,  public  utilities,  public  or
   41  private  corporations,  or  other  legal  entities,  including public or
   42  governmental bodies, which may include the port authority,  as  well  as
   43  natural  persons.    "Person"  shall  include  the plural as well as the
   44  singular;
   45    i. "Port authority" shall include the port authority and  any  subsid-
   46  iary  corporation  now or hereafter incorporated for any of the purposes
   47  of this article; provided, however, as used in subdivisions 4 and  5  of
   48  section  2803  of  this article it shall not include any such subsidiary
   49  corporation;
   50    j. "Purposes of this article" shall mean the  effectuation  of  indus-
   51  trial development projects and facilities and of each project or facili-
   52  ty  constituting  a  portion thereof and of each part of each project or
   53  facility, and purposes incidental thereto;
   54    k. "Real property" shall mean lands, structures, franchises and inter-
   55  ests in land, including air space and air rights,  waters,  lands  under
   56  water,  wetlands  and riparian rights, and any and all things and rights
       S. 3353--A                         157
    1  included within the said term, and includes not only fees  simple  abso-
    2  lute but also any and all lesser interests, including but not limited to
    3  easements,  rights-of-way, uses, leases, licenses and all other incorpo-
    4  real hereditaments and every estate, interest or right, legal or equita-
    5  ble,  including  terms  for years and liens thereon by way of judgments,
    6  mortgages or otherwise;
    7    l. "Resource recovery facility" shall mean any equipment, improvement,
    8  structure or facility or any land, and any building, structure, facility
    9  or other improvement thereon, or any combination thereof, and  all  real
   10  and  personal  property located within the port district, including, but
   11  not limited to, machinery, equipment and other facilities deemed  neces-
   12  sary  or  desirable  in  the opinion of the port authority in connection
   13  therewith, or incidental thereto, whether or not  now  in  existence  or
   14  under  construction, for the disposal of refuse or other solid wastes or
   15  wastes resulting from other treatment processes and for the recovery and
   16  sale or use of energy and other resources  from  such  refuse  or  other
   17  solid  wastes  or  wastes  resulting  from  other  treatment  processes,
   18  provided that no such resource recovery facility may include or be  used
   19  as a site for organic landfill;
   20    m.  "Surplus revenues" from any facility shall mean the balance of the
   21  revenues from such facility (including but not limited to  the  revenues
   22  of  any  subsidiary  corporation incorporated for any of the purposes of
   23  this article) remaining at any time currently in the hands of  the  port
   24  authority  after  the deduction of the current expenses of the operation
   25  and maintenance thereof, including a proportion of the general  expenses
   26  of  the  port  authority  as  it shall deem properly chargeable thereto,
   27  which general expenses shall include but not be limited to  the  expense
   28  of protecting and promoting the commerce of the port district, and after
   29  the  deduction  of  any amounts which the port authority may or shall be
   30  obligated or may or shall have obligated itself to pay to or  set  aside
   31  out  of the current revenues therefrom for the benefit of the holders of
   32  any bonds legal for investment as defined in the  general  reserve  fund
   33  statutes;
   34    n.  "Surplus revenues of port district industrial development projects
   35  or facilities" shall mean the surplus revenues of all industrial  devel-
   36  opment  projects or facilities effectuated pursuant to the terms of this
   37  article.
   38    S 2803. Industrial development projects and facilities. 1.  In  furth-
   39  erance  of  the  findings and determinations detailed by section 2801 of
   40  this article, in partial effectuation of and supplemental to the compre-
   41  hensive plan heretofore adopted by the two said states for the  develop-
   42  ment  of  the  said  port  district,  and subject to the preparation and
   43  adoption of the plan authorized in subdivision two of this  section  and
   44  the  execution  of an agreement or agreements authorized by subdivisions
   45  eleven and twelve of this section, the port authority is hereby  author-
   46  ized,  empowered and directed to establish, acquire, construct, effectu-
   47  ate, develop, own,  lease,  maintain,  operate,  improve,  rehabilitate,
   48  sell, transfer and mortgage projects or facilities herein referred to as
   49  port  district industrial development projects or facilities, as defined
   50  in this article.
   51    The port authority is hereby authorized and  empowered  to  establish,
   52  levy  and  collect such rentals, fares, fees and other charges as it may
   53  deem necessary, proper or desirable in connection with any  facility  or
   54  part  of any facility constituting a portion of any port district indus-
   55  trial development project or facility and to issue bonds for any of  the
   56  purposes of this article and to provide for payment thereof, with inter-
       S. 3353--A                         158
    1  est  thereon, and for the amortization and retirement of such bonds, and
    2  to secure all or any portion of such bonds by a pledge of such  rentals,
    3  fares,  fees,  charges and other revenues or any part thereon (including
    4  but  not  limited to the revenues of any subsidiary corporation incorpo-
    5  rated for any of the purposes of this article) and to secure all or  any
    6  portion  of such bonds by mortgages upon any property held or to be held
    7  by the port authority for any of the purposes of this article,  and  for
    8  any  of  the purposes of this article to exercise all appropriate powers
    9  heretofore or hereafter delegated to it by the states of  New  York  and
   10  New  Jersey, including, but not limited to, those expressly set forth in
   11  this article. The surplus revenues of port district industrial  develop-
   12  ment  projects or facilities may be pledged in whole or in part as here-
   13  inafter provided.
   14    2. The port authority is hereby authorized  to  initiate  studies  and
   15  prepare  and  adopt  a master plan providing for the development of port
   16  district industrial development  projects  and  facilities  which  shall
   17  include  the location of such projects and facilities as may be included
   18  in the plan and shall to the maximum extent  practicable  include  inter
   19  alia  a general description of each of such projects and facilities, the
   20  land use requirements  necessary  therefor,  and  estimates  of  project
   21  costs,  of  project employment potential and of a schedule for commence-
   22  ment of each such project.  Prior to adopting such master plan, the port
   23  authority shall give written notice to, afford a reasonable  opportunity
   24  for  comment,  consult  with and consider any recommendation made by the
   25  governing body of municipalities and within the city  of  New  York  the
   26  appropriate community board or boards and elsewhere another governmental
   27  entity  or  entities designated by such municipality in which industrial
   28  development projects or facilities are proposed to be located  and  with
   29  such  other  persons,  including  but not limited to private real estate
   30  developers, which in the opinion of the port authority is either  neces-
   31  sary  or desirable.   The master plan shall include the port authority's
   32  estimate of the revenues to be derived by municipalities from each  such
   33  industrial development project or facility and also a description of the
   34  proposed additional arrangements with municipalities necessary or desir-
   35  able  for  each such project or facility.  The port authority may modify
   36  or change any part of such plan in the same form and manner as  provided
   37  for  the adoption of such original plan.  At the time the port authority
   38  authorizes any industrial development  project  or  facility,  the  port
   39  authority  shall  include  with such authorization a statement as to the
   40  status of each project included in such master plan  and  any  amendment
   41  thereof.
   42    3. No industrial development project proposed to be located within the
   43  city  of  New  York may be included in such master plan unless and until
   44  the mayor of the city of New York requests the port authority to conduct
   45  a comprehensive study of the feasibility of the effectuation of  one  or
   46  more  industrial  development  projects  or any parts thereof (including
   47  resource recovery or industrial pollution control  facilities)  in  such
   48  city,  which  request shall specify the borough in which such comprehen-
   49  sive study is to take place; provided, however, that  the  president  of
   50  any  borough  in  which an industrial development project or facility is
   51  proposed to be located may within sixty days of  receipt  of  notice  of
   52  such  request, and after consulting with and considering any recommenda-
   53  tion made by the  local  borough  improvement  board,  notify  the  port
   54  authority  not to include any proposed industrial development project or
   55  facility within that county in such feasibility study.  Any such request
       S. 3353--A                         159
    1  by the mayor of the city of New York may specify the  facilities  to  be
    2  included in such industrial park project.
    3    4.  The  moneys in the general reserve fund may be pledged in whole or
    4  in part by the port authority as security for or applied by  it  to  the
    5  repayment  with  interest  of  any  moneys which it may raise upon bonds
    6  issued or incurred by it from time to time for any of  the  purposes  of
    7  this  article or upon bonds secured in whole or in part by the pledge of
    8  the revenues from any industrial development project or facility or  any
    9  portion thereof or upon bonds both so issued or incurred and so secured;
   10  and  the  moneys in said general reserve fund may be applied by the port
   11  authority to the fulfillment of any  other  undertakings  which  it  may
   12  assume to or for the benefit of the holders of any such bonds.
   13    Subject  to prior liens and pledges (and to the obligation of the port
   14  authority to apply revenues to the maintenance of  its  general  reserve
   15  fund in the amount prescribed by the general reserve fund statutes), the
   16  revenues from facilities established, constructed, acquired or otherwise
   17  effectuated  through the issuance or sale of bonds of the port authority
   18  secured in whole or in part by a pledge of its general reserve  fund  or
   19  any  portion  thereof may be pledged in whole or in part as security for
   20  or applied by it to any of the purposes of this article,  including  the
   21  repayment  with  interest  of  any  moneys which it may raise upon bonds
   22  issued or incurred from time to time for any of  the  purposes  of  this
   23  article  or  upon bonds secured in whole or in part by the pledge of the
   24  revenues of the port authority from any industrial  development  project
   25  or  facility  or  any  portion  thereof  or upon bonds both so issued or
   26  incurred and so secured;  and said revenues may be applied by  the  port
   27  authority  to  the  fulfillment  of  any other undertakings which it may
   28  assume to or for the benefit of the holders of such bonds.
   29    5. In all cases where the port authority has raised or shall hereafter
   30  raise moneys for any of the purposes of this article by  the  issue  and
   31  sale  of  bonds which are secured in whole or in part by a pledge of the
   32  general reserve fund or any portion thereof, the surplus  revenues  from
   33  industrial  development  projects  or facilities financed in whole or in
   34  part out of the proceeds of such bonds and the surplus revenues from any
   35  other port authority facility the surplus revenues of which at such time
   36  may be payable into the general reserve fund shall be pooled and applied
   37  by the port authority to the establishment and maintenance of the gener-
   38  al reserve fund in an amount equal to one-tenth of the par value of  all
   39  bonds legal for investment, as defined in the general reserve fund stat-
   40  utes,  issued by the port authority and currently outstanding, including
   41  such bonds issued for any of the purposes of this article;  and all such
   42  moneys in said general reserve fund may be pledged and  applied  in  the
   43  manner provided in the general reserve fund statutes.
   44    In the event that any time the balance of moneys theretofore paid into
   45  the  general  reserve  fund  and  not  applied therefrom shall exceed an
   46  amount equal to one-tenth of the par value of all bonds upon the princi-
   47  pal amount of which the amount of the general  reserve  fund  is  calcu-
   48  lated, by reason of the retirement of bonds issued or incurred from time
   49  to  time  for any of the purposes of this article the par value of which
   50  had theretofore been included in the computation of said amount  of  the
   51  general  reserve  fund, then the port authority may pledge or apply such
   52  excess for and only for the purposes for which it is authorized  by  the
   53  general  reserve  fund  statutes  to  pledge  the  moneys in the general
   54  reserve fund and such pledge may be made in advance  of  the  time  when
   55  such excess may occur.
       S. 3353--A                         160
    1    6.  The  two  states  covenant  and agree with each other and with the
    2  holders of any bonds issued by the port authority for  the  purposes  of
    3  this  article,  that so long as any of such bonds remain outstanding and
    4  unpaid and the holders thereof shall not have  given  their  consent  as
    5  provided  in their contract with the port authority, the two states will
    6  not diminish or impair the power of the  port  authority  to  establish,
    7  levy  and  collect  rentals,  fares, fees or other charges in connection
    8  with industrial development projects or facilities or any other facility
    9  owned or operated by the port authority the revenues of which have  been
   10  or  shall  be  pledged  in  whole  or in part as security for such bonds
   11  (directly or indirectly, or through the medium of  the  general  reserve
   12  fund  or otherwise), or to determine the quantity, quality, frequency or
   13  nature of any services provided by the port authority in connection with
   14  the operation of each project or facility.  This subdivision  shall  not
   15  affect or diminish the provisions of subdivision twelve of this section.
   16    7.  The  port authority is authorized and empowered to co-operate with
   17  the states of New York and New Jersey, with  any  municipality  thereof,
   18  with any person, with the federal government and with any agency, public
   19  authority or commission or any one or more of the foregoing, or with any
   20  one  or more of them, for and in connection with the acquisition, clear-
   21  ance, replanning, rehabilitation, reconstruction or redevelopment of any
   22  industrial development project or facility or of any other area  forming
   23  part  of  any industrial development project or facility for the purpose
   24  of renewal and improvement of said area and for any of the  purposes  of
   25  this  article,  and  to  enter into an agreement or agreements (and from
   26  time to time to enter into  agreements  amending  or  supplementing  the
   27  same)  with  any such person, municipality, commission, public authority
   28  or agency and with the states of New York and New Jersey  and  with  the
   29  federal  government, or with any one or more of them, for or relating to
   30  such purposes, including but not limited to agreements with  respect  to
   31  the  dedication  by  the  municipalities of the port district of refuse,
   32  solid waste  or  waste  resulting  from  other  treatment  processes  to
   33  resource  recovery  to  permit the generation of lower priced energy and
   34  the recovery of useful materials;  with respect to a commitment by  such
   35  municipalities  to  pay  fees  to  permit the delivery and removal after
   36  processing of such refuse or solid waste at rates  and  for  periods  of
   37  time  at  least  sufficient to assure the continued availability of such
   38  energy and recovered materials; with respect  to  financial  assistance,
   39  loans and grants pursuant to any federal law now in effect or hereinaft-
   40  er  enacted  which  would  provide  such financial assistance, loans and
   41  grants in connection with any of the purposes of this article, provided,
   42  that if either state shall have or adopt general  legislation  governing
   43  applications for such federal aid by municipalities, public authorities,
   44  agencies  or commissions of such state or the receipt or disbursement of
   45  such federal aid by or on behalf of such municipalities, public authori-
   46  ties, agencies or commissions, then such legislation shall at the option
   47  of such state apply to applications  by  the  port  authority  for  such
   48  federal  aid  in  connection  with  an industrial development project or
   49  facility located in such state and to the receipt  and  disbursement  of
   50  such  federal  aid  by  or  on behalf of the port authority, in the same
   51  manner and to the same extent as other municipalities,  public  authori-
   52  ties, agencies or commissions of such state;  and, with respect to occu-
   53  pancy  of  space in any industrial development project or facility.  The
   54  port authority is hereby authorized  and  empowered  to  apply  for  and
   55  accept  financial  assistance,  loans and grants for such purposes under
   56  federal, state or local laws, and to make application  directly  to  the
       S. 3353--A                         161
    1  proper  officials  or  agencies  for and receive federal, state or local
    2  loans or grants in aid of any of the purposes of this  article.  Nothing
    3  contained  in  this  article  shall  be construed to limit or impair the
    4  power  of  the governor of the state of New York and the governor of the
    5  state of New Jersey to review the actions of the  commissioners  of  the
    6  port  authority  as provided for in chapter seven hundred of the laws of
    7  New York of nineteen hundred twenty-seven, as amended and  as  continued
    8  by  article V of this chapter, and in chapter three hundred thirty-three
    9  of the laws of New Jersey of nineteen hundred twenty-seven, as  amended,
   10  or  to  authorize the port authority to commence the effectuation of any
   11  industrial development project or facility unless and until the  munici-
   12  pality  in which such project or facility is to be located has consented
   13  to the commencement of  such  effectuation,  with  such  consent  to  be
   14  provided  for  in the agreement authorized by subdivision 11 or subdivi-
   15  sion 12 of this section. The port authority is authorized and  empowered
   16  to enter into an agreement or agreements (and from time to time to enter
   17  into  agreements  amending  or  supplementing  the same) with any public
   18  authority, agency or commission of either or both states to provide  for
   19  the  effectuation  of  any  of  the  purposes  of this article through a
   20  subsidiary corporation owned jointly by the port authority and any  such
   21  public  authority,  agency or commission, and any such public authority,
   22  agency or commission is authorized and  empowered  to  enter  into  such
   23  agreement or agreements with the port authority.
   24    8.  Notwithstanding any contrary provision of law, general, special or
   25  local, either state and any municipality  thereof  and  any  commission,
   26  public  authority  or  agency  of  either  or both of said two states is
   27  authorized and empowered to co-operate with the port  authority  and  to
   28  enter  into  an  agreement or agreements (and from time to time to enter
   29  into agreements amending  or  supplementing  the  same)  with  the  port
   30  authority  or with any other person for and in connection with or relat-
   31  ing to the acquisition, clearance,  replanning,  rehabilitation,  recon-
   32  struction,  redevelopment,  sale, transfer or mortgage of any industrial
   33  development project or facility or of any other area forming part of any
   34  industrial development project or facility for the  purpose  of  renewal
   35  and  improvement  of  said  area  as  aforesaid  or for any of the other
   36  purposes of this article, including but not limited to the dedication by
   37  the municipalities of the port district of refuse, solid waste or  waste
   38  resulting  from other treatment processes to resource recovery to permit
   39  the generation of lower priced energy and the recovery of useful materi-
   40  als and a commitment by such municipalities to pay fees  to  permit  the
   41  delivery  and  removal after processing of such refuse or solid waste at
   42  rates and for periods of time at least sufficient to assure the  contin-
   43  ued  availability  of  such  energy  and  recovered materials, upon such
   44  reasonable terms and conditions as may  be  determined  by  such  state,
   45  municipality,  public  authority,  agency  or  commission  and  the port
   46  authority.  Such agreement may, without limiting the generality  of  the
   47  foregoing,  further  include consent to the use by the port authority or
   48  any other person of any real property owned or to be  acquired  by  said
   49  state,  municipality, public authority, agency or commission and consent
   50  to the use by such state,  municipality,  public  authority,  agency  or
   51  commission  of  any  real  property  owned or to be acquired by the port
   52  authority or by any other person which  in  either  case  is  necessary,
   53  convenient  or desirable in the opinion of the port authority for any of
   54  the purposes of this article, including such real property, improved  or
   55  unimproved,  as  has  already  been  devoted  to or has been or is to be
   56  acquired for urban renewal or other public use, and as  an  incident  to
       S. 3353--A                         162
    1  such  consent  such  state,  municipality,  public  authority, agency or
    2  commission may grant, convey, lease or otherwise transfer any such  real
    3  property  to  the  port  authority  or  to any other person and the port
    4  authority  may  grant, convey, lease or otherwise transfer any such real
    5  property to such state, municipality, public authority, agency,  commis-
    6  sion  or  any other person for such term and upon such conditions as may
    7  be agreed upon.  If real property of such  state,  municipality,  public
    8  authority,  agency  or  commission be leased to the port authority or to
    9  any other person for any of the purposes of this  article,  such  state,
   10  municipality,  public authority, agency or commission may consent to the
   11  port authority or any other person having the right to mortgage the  fee
   12  of such property and thus enable the port authority or such other person
   13  to  give  as  security  for  its  bond or bonds a lien upon the land and
   14  improvements, but such state, municipality, public authority, agency  or
   15  commission  by consenting to the execution by the port authority or such
   16  other person of a mortgage upon the leased property  shall  not  thereby
   17  assume  and  such  consent  shall not be construed as imposing upon such
   18  state, municipality, public authority, agency or commission any  liabil-
   19  ity  upon the bond or bonds secured by the mortgage.  In connection with
   20  any of the purposes of this article, either state and  any  municipality
   21  thereof, any commission, public authority or agency of either or both of
   22  said  two  states, the port authority and any other person are empowered
   23  to enter into any other agreement or agreements (and from time  to  time
   24  to  enter  into  agreements  amending  or  supplementing same) which may
   25  provide inter alia for the establishment of prices or rates, a  require-
   26  ment  that  any  person sell, lease or purchase any commodity or service
   27  from any other person, or any other similar arrangement.
   28    Nothing contained in this subdivision shall  impair  or  diminish  the
   29  powers  vested in either state or in any municipality, public authority,
   30  agency or commission to acquire, clear, replan,  reconstruct,  rehabili-
   31  tate  or  redevelop abandoned, undeveloped or underutilized land and the
   32  powers herein granted  to  either  state  or  any  municipality,  public
   33  authority,  agency  or commission shall be construed to be in aid of and
   34  not in limitation or in derogation of  any  such  powers  heretofore  or
   35  hereafter  conferred upon or granted to such state, municipality, public
   36  authority, agency or commission.
   37    Nothing contained in this article shall be construed to authorize  the
   38  port  authority to acquire, by condemnation or the exercise of the right
   39  of eminent domain, property now or hereafter vested in or held by either
   40  state or by any municipality, public  authority,  agency  or  commission
   41  without  the  authority  or  consent by such state, municipality, public
   42  authority, agency or commission, provided that  the  state  under  whose
   43  laws  such  public  authority, agency or commission has been created may
   44  authorize by appropriate legislation the port authority to  acquire  any
   45  such  property vested in or held by any such public authority, agency or
   46  commission by condemnation or the  exercise  of  the  right  of  eminent
   47  domain  without  such  authority or consent;   nor shall anything herein
   48  impair or invalidate in any way any bonded indebtedness of either  state
   49  or  any  such  municipality, public authority, agency or commission, nor
   50  impair the provisions of law regulating the payment into  sinking  funds
   51  of  revenues  derived  from  such  property,  or dedicating the revenues
   52  derived from such property to a specific purpose.
   53    The port authority, subject to the express authority or consent of any
   54  such state, municipality, public authority,  agency  or  commission,  is
   55  hereby  authorized and empowered to acquire from any such state or muni-
   56  cipality, or from any  other  public  authority,  agency  or  commission
       S. 3353--A                         163
    1  having  jurisdiction  in  the premises, by agreement therewith, and such
    2  state or municipality, public authority, agency or commission,  notwith-
    3  standing  any  contrary  provision  of  law,  is  hereby  authorized and
    4  empowered to grant and convey, upon reasonable terms and conditions, any
    5  real property which may be necessary, convenient or desirable for any of
    6  the  purposes  of  this  article,  including  such  real property as has
    7  already been devoted to a public use.
    8    Notwithstanding any inconsistent provision of this section or  article
    9  or  any  compact  or  general or special law, the port authority may not
   10  acquire any park lands for industrial development projects or facilities
   11  unless each such conveyance of such land is specifically  authorized  by
   12  the legislature of the state wherein the land is located.
   13    Any consent by a municipality shall be given and the terms, conditions
   14  and  execution  by a municipality of any agreement, deed, lease, convey-
   15  ance or other instrument pursuant  to  this  subdivision  or  any  other
   16  subdivision  of  this section shall be authorized in the manner provided
   17  in article twenty-two  of  the  compact  of  April  thirtieth,  nineteen
   18  hundred  twenty-one  between the two states creating the port authority,
   19  except that as to towns in the state of New York, such consent shall  be
   20  authorized  in the manner provided in the town law and as to counties in
   21  the state of New Jersey, such consent shall be authorized in the  manner
   22  provided  in  New Jersey statutes annotated, forty: one-one, et seq. Any
   23  consent by either state shall be effective if given, and the  terms  and
   24  conditions  and  execution  of any agreement, deed, lease, conveyance or
   25  other instrument pursuant to this section or any other section  of  this
   26  article  shall be effective if authorized by the governor of such state.
   27  Any consent by a public authority, agency or commission shall be  effec-
   28  tive if given by such public authority, agency or commission.
   29    9.  The  states  of  New  York and New Jersey hereby consent to suits,
   30  actions or proceedings by any municipality, public authority, agency  or
   31  commission  against the port authority upon, in connection with or aris-
   32  ing out of any agreement, or any amendment thereof, entered into for any
   33  of the purposes of this article, as follows:
   34    a. for judgments, orders or decrees restraining or enjoining the  port
   35  authority  from  transferring title to real property to other persons in
   36  cases where it has agreed  with  said  municipality,  public  authority,
   37  agency,  or  commission  for transfer of such title to the municipality,
   38  public authority, agency or commission;  and
   39    b. for judgments, orders or decrees restraining or enjoining the  port
   40  authority from committing or continuing to commit other breaches of such
   41  agreement or any amendment thereof;  provided, that such judgment, order
   42  or  decree  shall  not  be  entered  except upon two days' prior written
   43  notice to the port  authority  of  the  proposed  entry  thereof;    and
   44  provided  further that upon appeal taken by the port authority from such
   45  judgment, order or decree the service of  the  notice  of  appeal  shall
   46  perfect  the  appeal  and  stay the execution of such judgment, order or
   47  decree appealed from without an undertaking or other security.
   48    Nothing herein contained shall be deemed to revoke, rescind or  affect
   49  any consent to suits, actions, or proceedings against the port authority
   50  heretofore  given by the two said states in chapter three hundred one of
   51  the laws of New York of nineteen hundred fifty and continued by  article
   52  XV  of  this  chapter,  and  chapter two hundred four of the laws of New
   53  Jersey of nineteen hundred fifty-one.
   54    10. The effectuation of industrial development projects or  facilities
   55  of  any such projects or facilities constituting a portion of any indus-
   56  trial development project or facility, are and will be in  all  respects
       S. 3353--A                         164
    1  for  the benefit of the people of the states of New York and New Jersey,
    2  for the increase of their commerce and prosperity and for  the  improve-
    3  ment  of their health and living conditions;  and the port authority and
    4  any  subsidiary corporation incorporated for any of the purposes of this
    5  article shall be regarded as performing an essential governmental  func-
    6  tion  in  undertaking  the effectuation thereof, and in carrying out the
    7  provisions of law relating thereto.
    8    11. The port authority shall be required to pay no  taxes  or  assess-
    9  ments  upon  any  of the property acquired and used by it for any of the
   10  purposes of this article or upon any deed, mortgage or other  instrument
   11  affecting  such  property  or upon the recording of any such instrument.
   12  However, to the end that no taxing jurisdiction shall suffer undue  loss
   13  of  taxes  and assessments by reason of the acquisition and ownership of
   14  property by the port authority for any of the purposes of this  article,
   15  the   port   authority  is  hereby  authorized  and  empowered,  in  its
   16  discretion, to enter into a voluntary agreement or agreements  with  any
   17  city,  town,  township or village whereby the port authority will under-
   18  take to pay in lieu of taxes a fair and reasonable sum, if any, or  sums
   19  annually  in connection with any real property acquired and owned by the
   20  port authority for any of the purposes of this article  and  to  provide
   21  for  the  payment  as a rental or additional rental charge by any person
   22  occupying any portion of any industrial development project or  facility
   23  either as lessee, vendee or otherwise of such reasonable sum, if any, or
   24  sums  as  hereinafter  provided.   Such sums in connection with any real
   25  property acquired and owned  by  the  port  authority  for  any  of  the
   26  purposes  of  this  article  shall not be more than the sum last paid as
   27  taxes upon such real property prior to the time of  its  acquisition  by
   28  the  port  authority;    provided,  however, that in connection with any
   29  portion of any industrial development  project  or  facility,  which  is
   30  owned  by the port authority or another governmental entity and improved
   31  pursuant to this article  with  buildings,  structures  or  improvements
   32  greater  in  value  than  the  buildings,  structures or improvements in
   33  existence at the time of its acquisition, development or improvement  by
   34  the port authority, any person occupying such portion of such industrial
   35  development  project  or  facility either as lessee, vendee or otherwise
   36  shall, as long as title thereto shall remain in the port authority or in
   37  another governmental entity, pay as a rental or additional rental charge
   38  an amount in lieu of taxes, if any, not in excess of the taxes  on  such
   39  improvements and on personal property, including water and sewer service
   40  charges  or  assessments,  which such person would have been required to
   41  pay had it been the owner of such property during the period  for  which
   42  such  payment is made;  provided further, however, that neither the port
   43  authority nor any of its projects,  facilities,  properties,  monies  or
   44  bonds  and  notes  shall  be obligated, liable or subject to lien of any
   45  kind whatsoever for the  enforcement,  collection  or  payment  thereof.
   46  Each  such  city,  town,  township  or  village is hereby authorized and
   47  empowered to enter into such  agreement  or  agreements  with  the  port
   48  authority which agreement or agreements may also include provisions with
   49  respect  to  the joint review of categories of tenants proposed as occu-
   50  pants for industrial development projects or facilities with the cities,
   51  towns, townships or villages in which they are proposed to  be  located,
   52  and to accept the payment or payments which the port authority is hereby
   53  authorized and empowered to make or which are paid by a person occupying
   54  any  such  portion of such industrial development project or facility as
   55  rental or as additional rental  in  lieu  of  taxes,  and  the  sums  so
   56  received  by  such  city,  town, township or village shall be devoted to
       S. 3353--A                         165
    1  purposes to which taxes may be applied in all affected taxing  jurisdic-
    2  tions  unless  and until otherwise directed by law of the state in which
    3  such city, town, township or village is located. At least ten days prior
    4  to the authorization by the port authority of any agreement provided for
    5  in this subdivision, the port authority shall notify the chief executive
    6  officer  of  each  city  in the port district within which an industrial
    7  development project or facility has been included  in  the  master  plan
    8  provided for in subdivision two of this section of the proposed authori-
    9  zation  of  such  agreement, shall seek their comments and shall include
   10  with such authorization any comments received from such city.  The  port
   11  authority  shall  not  sell  or lease substantially all of an industrial
   12  development project or facility to a proposed purchaser or lessee  with-
   13  out the prior approval by the municipality wherein the project or facil-
   14  ity is located of such purchaser or lessee.
   15    12.  Except  as  otherwise  specifically  provided, all details of the
   16  effectuation, including but not limited to details of  financing,  leas-
   17  ing,  rentals,  fees and other charges, rates, contracts and service, of
   18  industrial development projects or  facilities  by  the  port  authority
   19  shall  be within its sole discretion and its decision in connection with
   20  any and all matters concerning industrial development projects or facil-
   21  ities  shall  be  controlling  and  conclusive;     provided  that   the
   22  construction and operation of any such project or facility shall conform
   23  to  the  environmental  and solid waste disposal standards and any state
   24  and county plans therefor in the state in which such project or facility
   25  is located.  At least ninety days prior to the authorization by the port
   26  authority of the first contract for the construction of  any  industrial
   27  development  project  or  facility, the port authority shall transmit to
   28  the governor of the state in which such project or  facility  is  to  be
   29  located a statement as to the conformance of such industrial development
   30  project  or  facility  with  such environmental and solid waste disposal
   31  standards and any state and county plans  therefor,  and  shall  consult
   32  with  such  governor  or  his  designee with respect thereto.   The port
   33  authority and the city, town, township or village in  which  any  indus-
   34  trial  development  project  or  facility is to be located and for whose
   35  benefit such project or facility is undertaken are hereby authorized and
   36  empowered to enter into an agreement  or  agreements  to  provide  which
   37  local  laws,  resolutions, ordinances, rules and regulations, if any, of
   38  such city, town, township or village affecting any  industrial  develop-
   39  ment  project  or facility shall apply to such project or facility.  All
   40  other existing local laws, resolutions, ordinances or  rules  and  regu-
   41  lations  not  provided for in such agreement shall be applicable to such
   42  industrial development projects or facilities.   All  such  local  laws,
   43  resolutions,  ordinances or rules and regulations enacted after the date
   44  of such agreement or agreements shall not be applicable to such projects
   45  or facilities unless made applicable by such agreement or agreements  or
   46  any modification or modifications thereto.
   47    So  long  as  any  facility  constituting  a portion of any industrial
   48  development project or facility shall be owned, controlled  or  operated
   49  by  the port authority, no public authority, agency, commission or muni-
   50  cipality of either or both of the two  states  shall  have  jurisdiction
   51  over such project or facility nor shall any such public authority, agen-
   52  cy,  commission  or municipality have any jurisdiction over the terms or
   53  method of effectuation of all or any portion thereof by the port author-
   54  ity including but not limited to the transfer  of  all  or  any  portion
   55  thereof  to  or  by  the  port  authority;   provided, however, the port
   56  authority is authorized and empowered to submit to the jurisdiction over
       S. 3353--A                         166
    1  such project or facility of either state or any  department  thereof  or
    2  any  such  public authority, agency, commission or municipality when the
    3  exercise of such jurisdiction is necessary  for  the  administration  or
    4  implementation  of  federal environmental or solid waste disposal legis-
    5  lation by either state.
    6    Nothing in this article shall be deemed to prevent the port  authority
    7  from  establishing, acquiring, owning, leasing, constructing, effectuat-
    8  ing,  developing,  maintaining,  operating,  rehabilitating,  improving,
    9  selling, transferring or mortgaging all or any portion of any industrial
   10  development  project  or facility through wholly owned subsidiary corpo-
   11  rations of the port authority or subsidiary corporations  owned  by  the
   12  port  authority  jointly with any public authority, agency or commission
   13  of either or both of the two states or from transferring to or from  any
   14  such corporations any moneys, real property or other property for any of
   15  the  purposes  of  this article.   If the port authority shall determine
   16  from time to time to form such a subsidiary corporation it shall  do  so
   17  by  executing and filing with the secretary of state of the State of New
   18  York and the secretary of state of the State of New Jersey a certificate
   19  of incorporation, which may be amended from  time  to  time  by  similar
   20  filing,  which  shall set forth the name of such subsidiary corporation,
   21  its duration, the location of its principal  office,  any  joint  owners
   22  thereof,  and  the  purposes  of the incorporation which shall be one or
   23  more of  the  purposes  of  establishing,  acquiring,  owning,  leasing,
   24  constructing, effectuating, developing, maintaining, operating, rehabil-
   25  itating,  improving,  selling,  transferring  or  mortgaging  all or any
   26  portion of any industrial development project or facility.   The  direc-
   27  tors  of  such  subsidiary corporation shall be the same persons holding
   28  the offices of commissioners of the port authority together with persons
   29  representing any joint owner thereof as provided for in the agreement in
   30  connection with the incorporation thereof.  Such subsidiary  corporation
   31  shall  have  all  the powers vested in the port authority itself for the
   32  purposes of this article except that it shall  not  have  the  power  to
   33  contract indebtedness.  Such subsidiary corporation and any of its prop-
   34  erty, functions and activities shall have all of the privileges, immuni-
   35  ties,  tax  exemptions and other exemptions of the port authority and of
   36  the port authority's property, functions and activities.   Such  subsid-
   37  iary corporation shall be subject to the restrictions and limitations to
   38  which  the  port authority may be subject, including, but not limited to
   39  the requirement that no action taken at any  meeting  of  the  board  of
   40  directors  of  such  subsidiary  corporation  shall have force or effect
   41  until the governors of the two states shall have an opportunity, in  the
   42  same manner and within the same time as now or hereafter provided by law
   43  for approval or veto of actions taken at any meeting of the port author-
   44  ity itself, to approve or veto such action.  Such subsidiary corporation
   45  shall  be  subject  to  suit in accordance with subdivision nine of this
   46  section and chapter three hundred one of the laws of New York  of  nine-
   47  teen  hundred  fifty  and  continued  by article XV of this chapter, and
   48  chapter two hundred four of the laws of New Jersey of  nineteen  hundred
   49  fifty-one  as  if  such  subsidiary  corporation were the port authority
   50  itself.  Such subsidiary corporation may  be  a  participating  employer
   51  under the New York retirement and social security law or any similar law
   52  of  either  state  and the employees of any such subsidiary corporation,
   53  except those who are also employees of the port authority, shall not  be
   54  deemed employees of the port authority.
   55    Whenever  any state, municipality, commission, public authority, agen-
   56  cy, officer, department, board or division is authorized  and  empowered
       S. 3353--A                         167
    1  for  any  of  the  purposes of this article to co-operate and enter into
    2  agreements with the port authority or to grant any consent to  the  port
    3  authority  or to grant, convey, lease or otherwise transfer any property
    4  to  the  port  authority or to execute any document, such state, munici-
    5  pality, commission, public authority, agency, officer, department, board
    6  or division shall have the same authorization and power for any of  such
    7  purposes  to  co-operate  and enter into agreements with such subsidiary
    8  corporation and to grant consents to such subsidiary corporation and  to
    9  grant,  convey,  lease or otherwise transfer property to such subsidiary
   10  corporation and to execute documents for such subsidiary corporation.
   11    13. The bonds issued by the port authority to provide funds for any of
   12  the purposes of this article are hereby made  securities  in  which  all
   13  state and municipal officers and bodies of both states, all trust compa-
   14  nies  and  banks other than savings banks, all building and loan associ-
   15  ations, savings and loan associations, investment  companies  and  other
   16  persons  carrying on a commercial banking business, all insurance compa-
   17  nies, insurance associations and other persons carrying on an  insurance
   18  business,  and  all  administrators,  executors, guardians, trustees and
   19  other fiduciaries, and all other persons whatsoever (other than  savings
   20  banks),  who  are  now or may hereafter be authorized by either state to
   21  invest in bonds of such state,  may  properly  and  legally  invest  any
   22  funds, including capital, belonging to them or within their control, and
   23  said  bonds are hereby made securities which may properly and legally be
   24  deposited with and shall be received by any state or  municipal  officer
   25  or agency of either state for any purpose for which the deposit of bonds
   26  of  such  state is now or may hereafter be authorized.  The bonds issued
   27  by the port authority to provide funds for any of the purposes  of  this
   28  article  as  security for which the general reserve fund shall have been
   29  pledged in whole or in part are hereby  made  securities  in  which  all
   30  savings  banks  also may properly and legally invest any funds including
   31  capital, belonging to them or within their control.
   32    14. Subsequent to and subject to the execution  of  the  agreement  or
   33  agreements  authorized by subdivisions eleven and twelve of this section
   34  the projects and facilities and at the locations specified  therein,  if
   35  the  port  authority shall find it necessary, convenient or desirable to
   36  acquire from time to time any real property or any property  other  than
   37  real  property  (including  but not limited to contract rights and other
   38  tangible or intangible personal property), for any of  the  purposes  of
   39  this  act  whether  for  immediate  or  future  use (including temporary
   40  construction, rehabilitation or improvement),  the  port  authority  may
   41  find  and determine that such property, whether a fee simple absolute or
   42  a lesser interest, is required for a public use, and upon such  determi-
   43  nation the said property shall be and shall be deemed to be required for
   44  such  public  use  until otherwise determined by the port authority, and
   45  such determination shall not be affected by the fact that such  property
   46  has theretofore been taken for and is then devoted to a public use;  but
   47  the public use in the hands of or under the control of the port authori-
   48  ty  shall be deemed superior to the public use in the hands of any other
   49  person, association or corporation.
   50    The port authority may acquire and is hereby authorized so to  acquire
   51  from time to time, for any of the purposes of this article, such proper-
   52  ty,  whether  a  fee simple absolute or a lesser estate, by condemnation
   53  (including the exercise of the right of eminent domain) under and pursu-
   54  ant to the provisions of the eminent domain procedure law of  the  state
   55  of  New  York  in the case of property located in or having its situs in
   56  such state, and chapter three hundred  sixty-one  of  the  laws  of  New
       S. 3353--A                         168
    1  Jersey  of nineteen hundred seventy-one, in the case of property located
    2  in or having its situs in such state, or, at  the  option  of  the  port
    3  authority,  as provided in section fifteen of chapter forty-three of the
    4  laws  of  New Jersey of nineteen hundred forty-seven, as amended, in the
    5  case of property located in or having its situs in such state, or pursu-
    6  ant to such other and alternate procedure as may be provided by  law  of
    7  the state in which such property is located or has its situs; and all of
    8  said statutes for the acquisition of real property shall, for any of the
    9  purposes  of  this  article, be applied also to the acquisition of other
   10  property authorized by this subdivision, except that such provisions  as
   11  pertain  to  surveys,  diagrams, maps, plans or profiles, assessed valu-
   12  ation, lis pendens, service of notice and papers, filing in  the  office
   13  of  the  clerk  in which the real property affected is situated and such
   14  other provisions as by their nature cannot  be  applicable  to  property
   15  other  than real property, shall not be applicable to the acquisition of
   16  such other property. In the event that  any  property  other  than  real
   17  property  is acquired for any of the purposes of this article under this
   18  section then, with respect  to  such  other  property,  notice  of  such
   19  proceeding and all subsequent notices or court processes shall be served
   20  upon  the  owners  of such other property and upon the port authority by
   21  personal service or by registered or certified mail, except  as  may  be
   22  otherwise directed by the court.
   23    The  port  authority  is  hereby  authorized  and  empowered,  in  its
   24  discretion, from time to time to combine any property  which  is  to  be
   25  acquired  as  aforesaid  by condemnation for any of the purposes of this
   26  article for acquisition in a single action or proceeding notwithstanding
   27  that part of the property so to be  acquired  is  personal  property  or
   28  mixed real and personal property or may be owned by more than one owner.
   29    The  owner of any property acquired by condemnation or the exercise of
   30  the right of eminent domain for any of the purposes of  this  act  shall
   31  not  be  awarded  for such property any increment above the just compen-
   32  sation required by the constitutions of the United  States  and  of  the
   33  state  or  states  in  which the property is located or has its situs by
   34  reason of any circumstances whatsoever.
   35    Nothing herein contained  shall  be  construed  to  prevent  the  port
   36  authority  from  bringing  any proceedings to remove a cloud on title or
   37  such other proceedings as it may, in its  discretion,  deem  proper  and
   38  necessary,  or  from  acquiring  any  such  property  by  negotiation or
   39  purchase.
   40    Where a person entitled to an award in the proceedings for the  acqui-
   41  sition  of  property  by condemnation or the right of eminent domain for
   42  any of the purposes of this article remains in possession of such  prop-
   43  erty  after  the time of the vesting of title in the port authority, the
   44  reasonable value of this use and occupancy of such  property  subsequent
   45  to  such time, as fixed by agreement or by the court in such proceedings
   46  or by any court of competent jurisdiction, shall be a lien against  such
   47  award,  subject  only  to  liens of record at the time of the vesting of
   48  title in the port authority.
   49    15. The port authority and its duly authorized agents, and all persons
   50  acting under its authority and  by  its  direction,  may  enter  in  the
   51  daytime  into  and upon any real property for the purpose of making such
   52  surveys, diagrams, maps, plans, soundings or borings as the port author-
   53  ity may deem necessary, convenient or desirable for any of the  purposes
   54  of this article.
   55    16. Any declarations contained herein with respect to the governmental
   56  nature  and  public  purpose  of  any  industrial development project or
       S. 3353--A                         169
    1  facility and to the exemption of any industrial development  project  or
    2  facility  property and instruments relating thereto from taxation and to
    3  the discretion of the port authority with respect to  said  projects  or
    4  facilities  shall  not  be  construed to imply that other port authority
    5  facilities, property and operations are not of a governmental nature  or
    6  do  not  serve public purposes, or that they are subject to taxation, or
    7  that the determinations of the port authority with respect  thereto  are
    8  not  conclusive.   The powers hereby vested in the port authority and in
    9  any subsidiary corporation incorporated for any of the purposes of  this
   10  act  (including but not limited to the power to acquire real property by
   11  condemnation or the exercise of the right of eminent  domain)  shall  be
   12  continuing  powers  and  no  exercise thereof by the port authority or a
   13  subsidiary corporation incorporated for any  of  the  purposes  of  this
   14  article shall be deemed to exhaust them or any of them.
   15    17.  This subdivision and the preceding subdivisions hereof constitute
   16  an agreement between the states of New York and New Jersey supplementary
   17  to the compact between the two states dated  April  thirtieth,  nineteen
   18  hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
   19  construed to effectuate the purposes of said compact and of the  compre-
   20  hensive plan heretofore adopted by the two states, and the powers grant-
   21  ed  to  the port authority shall be construed to be in aid of and not in
   22  limitation or in derogation of any other  powers,  heretofore  conferred
   23  upon or granted to the port authority.
   24    18.  If any section, part, phrase, or provision of this article or the
   25  application thereof to any person or circumstances be  adjudged  invalid
   26  by  any  court  of  competent  jurisdiction,  so  long as the section or
   27  remainder of the article shall nonetheless permit the effectuation, as a
   28  unified project, of any industrial development project or facility, such
   29  judgment shall be confined  in  its  operation  to  the  section,  part,
   30  phrase, provision or application directly involved in the controversy in
   31  which  such  judgment  shall  have been rendered and shall not affect or
   32  impair the validity of the remainder of  this  act  or  the  application
   33  thereof  to  other  persons  or  circumstances and the two states hereby
   34  declare that they would have entered into this article or the  remainder
   35  thereof had the invalidity of such provision or application thereof been
   36  apparent.
   37    19.  A  copy  of the minutes of any action taken at any meeting of the
   38  port authority in connection with any modification, addition or deletion
   39  in or to any or all of the covenants  with  or  pledges  to  bondholders
   40  contained in a resolution authorizing the issuance of consolidated bonds
   41  of  the  port  authority from such covenants or pledges set forth in the
   42  immediately preceding resolution of the port authority  authorizing  the
   43  issuance  of  such bonds shall be filed with the temporary president and
   44  minority leader of the senate and the speaker and minority leader of the
   45  assembly of the state of New York and the secretary of  the  senate  and
   46  clerk  of  the  general  assembly  of the state of New Jersey within ten
   47  calendar days prior to transmitting the same to  the  governor  of  each
   48  state  for review if the legislature of such state be in session and not
   49  adjourned for more than two days, and, in the event the legislatures  of
   50  the  respective states are not in session or are adjourned for more than
   51  two days, the same shall be filed with  such  officers  thirty  calendar
   52  days  prior  to  transmitting the same to the governor of each state for
   53  review.  Notice of such filing shall be provided to the governor of each
   54  state at the same time.
   55    The temporary president and minority leader  of  the  senate  and  the
   56  speaker and minority leader of the assembly of the state of New York and
       S. 3353--A                         170
    1  the  speaker  of the general assembly and the president of the senate of
    2  the state of New Jersey, or their representatives designated by them  in
    3  writing for this purpose, may by certificate filed with the secretary of
    4  the  port  authority waive the foregoing filing requirement with respect
    5  to any specific minutes.
    6    20. The port authority shall file with  the  temporary  president  and
    7  minority  leader  of  the senate, the speaker and minority leader of the
    8  assembly, the chairman of the assembly ways and means committee and  the
    9  chairman  of  the  senate finance committee of the state of New York and
   10  the president, minority leader and  secretary  of  the  senate  and  the
   11  speaker  and  minority  leader  and clerk of the general assembly of the
   12  state of New Jersey a copy of the minutes of any  action  taken  at  any
   13  public  meeting  of  the  port  authority  in connection with any of the
   14  purposes of this article.  Such filing shall be made at least ten calen-
   15  dar days before such minutes are transmitted to  the  governor  of  each
   16  state  for  review;   and notice of such filing shall be provided to the
   17  governor of each state at the same time.
   18    The temporary president and minority leader of the senate, the speaker
   19  and minority leader of the assembly, the chairman of the  assembly  ways
   20  and  means committee and the chairman of the senate finance committee of
   21  the state of New York and the speaker and minority leader of the general
   22  assembly and the president and the minority leader of the senate of  the
   23  state  of  New  Jersey,  or  their representatives designated by them in
   24  writing for this purpose, may by certificate filed with the secretary of
   25  the port authority waive the foregoing filing requirement  with  respect
   26  to any specific minutes.
   27    21.  The comptroller of the state of New York and the treasurer of the
   28  state of New Jersey may each from time to time request a special  report
   29  with  such  information  as  each  such officer may require with respect
   30  thereto from the port authority with respect to any  or  all  industrial
   31  development projects or facilities.
   32                                ARTICLE XXIX
   33                             BUS TRANSPORTATION
   34  Section 2901. Findings and determinations.
   35          2902. Definitions.
   36          2903. Bus transportation.
   37    S  2901.  Findings and determinations.  The states of New York and New
   38  Jersey hereby find and determine that:
   39    1. The efficient, economical and  convenient  mass  transportation  of
   40  persons  to, from and within the port district as defined in the compact
   41  between the two states dated April thirtieth, nineteen  hundred  twenty-
   42  one  is  vital and essential to the preservation and economic well being
   43  of the northern New Jersey-New York metropolitan area;
   44    2. In order to deter the economic deterioration of  the  northern  New
   45  Jersey-New  York  metropolitan  area  adequate  facilities  for the mass
   46  transportation of persons must be provided and buses are and will remain
   47  of extreme importance in such transportation;
   48    3. The provision of mass transportation including  bus  transportation
   49  in  urban  areas has become financially burdensome and may result in the
   50  additional curtailment of significant portions of this essential  public
   51  service;
   52    4.  The  economic viability of the existing facilities operated by the
   53  port authority is dependent upon the effective and efficient functioning
   54  of the transportation network of the northern New Jersey-New York metro-
       S. 3353--A                         171
    1  politan area and access to and proper utilization of such port authority
    2  facilities would be adversely affected if users  of  bus  transportation
    3  were to find such transportation unavailable or significantly curtailed;
    4    5.  Buses serving regional bus routes and feeder bus routes and ancil-
    5  lary bus facilities constitute an essential part of  the  mass  commuter
    6  facilities of the port district;
    7    6.  The continued availability of bus transportation requires substan-
    8  tial replacement of and additions to the number of  buses  presently  in
    9  use in the northern New Jersey-New York metropolitan area;
   10    7. The port authority which was created by agreement of the two states
   11  as  their joint agent for the development of transportation and terminal
   12  facilities and other facilities of commerce of the port district and for
   13  the promotion and protection of the commerce of their port, is a  proper
   14  agency  to  provide  such  buses  to  each  of  the  two states and such
   15  provision of buses by the port authority  is  in  the  interest  of  the
   16  continued  viability  of the facilities of the port authority, and is in
   17  the public interest;
   18    8. The operation of the facilities of the  port  authority,  including
   19  but not limited to the port authority bus terminal at forty-first street
   20  and  eighth  avenue in New York county in the city and state of New York
   21  and the extension  thereto  currently  under  construction  (hereinafter
   22  called the "bus terminal"), the George Washington bridge bus station and
   23  the  provision  of  buses  and ancillary bus facilities pursuant to this
   24  article involve the exercise of public and essential governmental  func-
   25  tions  which  must  be  performed by the two states or any municipality,
   26  public authority, agency, or commission of either or both states;
   27    9. The revision to the port authority bridge and tunnel toll schedules
   28  which  was  effective  May  fifth,  nineteen  hundred  seventy-five,  is
   29  expected  to  result in additional revenues to the port authority suffi-
   30  cient to support the financing  with  consolidated  bonds  of  the  port
   31  authority  of  approximately  four hundred million dollars for passenger
   32  mass transportation  capital  projects  (hereinafter  called  "passenger
   33  facilities"),  approximately  one  hundred sixty million dollars thereof
   34  being allocated to the extension to the bus terminal, with the remaining
   35  two hundred forty million dollars to be allocated on the  basis  of  one
   36  hundred  twenty  million dollars in each state for passenger facilities,
   37  including but not limited to the acquisition, development and  financing
   38  of  buses  and  related facilities, as determined by each such state and
   39  the port authority acting  pursuant  to  legislative  authorization  and
   40  commitments to the holders of port authority obligations; and
   41    10.  The  port  authority's  function  as a regional agency of the two
   42  states makes it appropriate that line-haul regional bus route  passenger
   43  facilities be equipped pursuant to this article with buses and ancillary
   44  bus  facilities  and that the need for development and equipment of such
   45  routes be satisfied on a priority basis.
   46    S 2902. Definitions.  For the purpose of this article:
   47    1. "Ancillary bus facilities" shall mean any facilities useful in  the
   48  provision of service for line-haul regional or feeder bus routes includ-
   49  ing  but  not  limited to (a) fare collection, communication, signal and
   50  identification equipment, (b) equipment to aid in the provision  of  bus
   51  service  to  the  elderly  and  handicapped, (c) maintenance, repair and
   52  storage facilities and equipment, and (d) bus stations for use primarily
   53  by passengers traveling between New  York  and  New  Jersey;  automobile
   54  parking  lots  for  use  by  people  who  transfer to buses on line-haul
   55  regional bus routes or feeder bus routes; and shelters at  roadside  bus
       S. 3353--A                         172
    1  stops to afford waiting bus passengers protection from precipitation and
    2  wind;
    3    2.  "Buses"  shall  mean  vehicles containing seats for twelve or more
    4  passengers which are designed for and regularly used in scheduled common
    5  carrier passenger mass transportation service on streets,  highways  and
    6  exclusive  busways  and  which  are  not  designed  or used for railroad
    7  purposes;
    8    3. "Consolidated bonds" shall mean consolidated  bonds  of  the  issue
    9  established  by  the  resolution  of the port authority, adopted October
   10  ninth, nineteen hundred fifty-two;
   11    4. "Develop" shall mean plan, design, construct, improve or  rehabili-
   12  tate;
   13    5. "Feeder bus routes" shall mean those bus routes entirely within the
   14  regional bus area which connect within the port district with a bus stop
   15  on  a  line-haul  regional  bus  route, a passenger ferry, or a railroad
   16  station;
   17    6. "Line-haul regional bus routes" shall mean  bus  routes  which  are
   18  entirely  within  the  regional  bus  area and which extend from a point
   19  outside the county in which the bus terminal is located to  a  point  in
   20  such county;
   21    7.  "Municipality"  shall mean a county, city, borough, village, town,
   22  township, or other similar political subdivision  of  New  York  or  New
   23  Jersey;
   24    8. "Person" shall mean any person, including individuals, firms, part-
   25  nerships,  associations,  societies, trusts, public utilities, public or
   26  private corporations, or  other  legal  entities,  including  public  or
   27  governmental  bodies,  which  may include the port authority, as well as
   28  natural persons;
   29    9. "Railroad station" shall mean a stop on a rail or subway system  at
   30  which passengers embark or disembark; and
   31    10. "Regional bus area" shall mean that area in the states of New York
   32  and  New  Jersey which lies within a radius of seventy-five miles of the
   33  bus terminal.
   34    S 2903. Bus transportation. 1.  The port authority is  authorized  and
   35  empowered to acquire, develop, finance, and transfer buses and ancillary
   36  bus  facilities  for  the  purpose  of leasing, selling, transferring or
   37  otherwise disposing of such buses and ancillary bus facilities  only  to
   38  the  state  of  New  York  and  the state of New Jersey or to any public
   39  authority, agency, commission, city or county thereof and designated  by
   40  such  state  (hereinafter  called  the "lessee"). Such buses may be used
   41  only on line-haul regional bus routes or on feeder bus routes  and  such
   42  ancillary  bus  facilities shall be developed for and used in connection
   43  with buses which travel on line-haul regional bus routes or  feeder  bus
   44  routes;  provided,  however, that (a) such buses may be used for charter
   45  bus trips which originate in the regional bus  area,  which  take  place
   46  when  such  buses  are  not needed for service on line-haul regional bus
   47  routes or feeder bus  routes,  and  which  comply  with  all  applicable
   48  requirements  including  but  not limited to those of the port authority
   49  and the lessee; and (b) provided that fare collection, communication and
   50  identification equipment and maintenance, repair and storage  facilities
   51  and  equipment  acquired  pursuant  to  this  act  may  be  utilized  in
   52  connection with bus service which is not on line-haul regional or feeder
   53  bus routes to the extent that such utilization  shall  comply  with  all
   54  applicable  requirements  including but not limited to those of the port
   55  authority and the lessee. Ancillary bus facilities which are not located
       S. 3353--A                         173
    1  on buses or which are not otherwise intended to be moved from  place  to
    2  place shall be located only within the port district.
    3    2.  Any  such  lease, sale, transfer or other disposition of buses and
    4  ancillary bus facilities shall be on such terms and conditions,  includ-
    5  ing  consideration,  consistent  with this article as the port authority
    6  shall deem in the public interest and which shall be acceptable  to  the
    7  port authority and the lessee. Notwithstanding any contrary provision of
    8  law,  general,  special or local, part of the consideration for any such
    9  lease or transfer shall consist of an agreement by the lessee  to  main-
   10  tain  and  use  such  buses  and ancillary bus facilities, or cause such
   11  buses and ancillary bus facilities to be maintained and used  by  others
   12  under  agreement  with the lessee, in the effective and efficient trans-
   13  portation of passengers in accordance with this act and the port author-
   14  ity may accept such agreement in lieu of  any  other  consideration  for
   15  such  lease  or transfer. The lessee shall be responsible for the proper
   16  operation, maintenance, repair and use of the buses  and  ancillary  bus
   17  facilities  and the port authority shall not be liable in any respect by
   18  reason of the ownership, development, operation, maintenance, repair  or
   19  use  of  such  buses and ancillary bus facilities. Anything contained in
   20  this article to the contrary notwithstanding, development of such  buses
   21  and ancillary bus facilities and introduction into service of such buses
   22  shall be subject to the approval of the lessee.
   23    3.  The  two  states  covenant  and agree with each other and with the
   24  holders of the present and future obligations of the port authority that
   25  (a) the lessee of buses or ancillary bus facilities leased,  transferred
   26  or  otherwise  disposed of pursuant to this article shall be required to
   27  defend and to provide for indemnification, subject to appropriations  or
   28  other  funds  which are or become legally available for this purpose, of
   29  the port authority against any liability of whatsoever form or nature as
   30  may be imposed upon the port  authority  by  reason  of  the  ownership,
   31  development,  operation,  maintenance,  repair or use thereof or arising
   32  otherwise out of the port authority's interest therein; (b)  the  lessee
   33  shall be required to provide for and be responsible for the proper oper-
   34  ation,  maintenance,  repair,  and  use  of such buses and ancillary bus
   35  facilities leased, transferred or otherwise disposed of pursuant to this
   36  article and the port authority shall have no responsibility as  to  such
   37  operation,  maintenance,  repair  or use; and (c) neither the states nor
   38  the port authority will apply to  any  purpose  in  connection  with  or
   39  relating  to  the  operation,  maintenance, repair or use of such bus or
   40  ancillary bus facilities leased, transferred or  otherwise  disposed  of
   41  pursuant  to  this  article,  other than purposes in connection with the
   42  utilization of other port authority facilities by such buses and passen-
   43  ger information purposes, any of the rentals, tolls, fares, fees, charg-
   44  es, revenues, reserves or other funds of the port authority  which  have
   45  been or shall be pledged in whole or in part as security for obligations
   46  as  security  for which there may be or shall be pledged, in whole or in
   47  part the general reserve fund of the port authority.
   48    4. Any capital expenditures by the port authority for buses and ancil-
   49  lary bus  facilities  to  be  leased,  sold,  transferred  or  otherwise
   50  disposed  of pursuant to this article shall be made with the proceeds of
   51  consolidated bonds of the port authority, which may be issued to finance
   52  such capital expenditures, and such capital expenditures shall be a part
   53  of and shall not exceed the allocations for passenger facilities  to  be
   54  made from time to time as determined in accordance with subdivision nine
   55  of section twenty-nine hundred one of this article.
       S. 3353--A                         174
    1    5.  The  port  authority is authorized and empowered to cooperate with
    2  the states of New York and New Jersey, with  any  municipality  thereof,
    3  with  the federal government and any public authority, agency or commis-
    4  sion of the foregoing or with any one or more of them or with any  other
    5  person  to  the extent that it finds it necessary and desirable to do so
    6  in connection with the  acquisition,  development,  financing,  leasing,
    7  sale,  transfer  or other disposition of buses and ancillary bus facili-
    8  ties and to enter into an agreement or agreements (and from time to time
    9  to enter into agreements amending or supplementing the same)  with  said
   10  states,  municipalities,  federal  government, public authorities, agen-
   11  cies, commissions and persons or with any one or more  of  them  for  or
   12  relating to such purposes.
   13    6.  Notwithstanding any contrary provision of law, general, special or
   14  local, either state or any municipality, public  authority,  agency,  or
   15  commission  of  either or both of said two states or any other person is
   16  authorized and empowered to cooperate with the  port  authority  and  to
   17  enter  into  an  agreement or agreements (and from time to time to enter
   18  into agreements amending  or  supplementing  the  same)  with  the  port
   19  authority  including  but  not limited to the agreements with respect to
   20  buses and ancillary bus  facilities  leased,  transferred  or  otherwise
   21  disposed  of  pursuant  to  this article, upon such reasonable terms and
   22  conditions as determined by such state, municipality, public  authority,
   23  agency, commission or person and the port authority.
   24    7.  Any consent by a municipality shall be given and the terms, condi-
   25  tions and execution by a municipality of  any  agreement,  deed,  lease,
   26  conveyance or other instrument pursuant to this subdivision or any other
   27  subdivision  of  this section shall be authorized in the manner provided
   28  in article twenty-two  of  the  compact  of  April  thirtieth,  nineteen
   29  hundred  twenty-one  between the two states creating the port authority,
   30  except that as to towns in the state of New York, such consent shall  be
   31  authorized  in the manner provided in the town law and as to counties in
   32  the state of New Jersey, such consent shall be authorized in the  manner
   33  provided  in  New  Jersey  statutes annotated, title forty: chapter one,
   34  section one, et seq. The terms and conditions and  execution  by  either
   35  state  of  any  agreement,  consent,  designation,  determination, deed,
   36  lease, conveyance or other instrument pursuant to  this  subdivision  or
   37  any  other  subdivision of this section shall be effective if authorized
   38  by the governor of such state. The powers herein granted to either state
   39  or any municipality, public authority, 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  such
   42  state, municipality, public authority, agency or commission. Any consent
   43  by  a public authority, agency or commission shall be effective if given
   44  by such public authority, agency or commission.
   45    8. The port authority shall be required to pay no taxes or assessments
   46  upon any of the property, real or personal, acquired or used by  it  for
   47  any  purpose  of this article or upon any lease, deed, mortgage or other
   48  instrument affecting such property or upon the recording of any  instru-
   49  ment  made  in  connection with the acquisition, development, financing,
   50  lease, sale, transfer or other disposition or use of such property.
   51    9. The port authority shall not be subject to the jurisdiction of  any
   52  municipality,  public  authority, agency or commission of either or both
   53  of the two states  in  connection  with  the  acquisition,  development,
   54  financing,  lease,  sale, transfer or other disposition of buses, ancil-
   55  lary bus facilities or otherwise in connection with the purposes of this
   56  article.
       S. 3353--A                         175
    1    10. The acquisition, development, financing, leasing,  sale,  transfer
    2  or  other  disposition  by the port authority of buses and ancillary bus
    3  facilities in accordance with this  article  are  and  will  be  in  all
    4  respects  for  the benefit of the people of the said two states, for the
    5  increase  of  their  commerce  and prosperity and for the improvement of
    6  their health, safety and living conditions and shall  be  deemed  to  be
    7  public  purposes; and the port authority shall be regarded as performing
    8  an essential governmental  function  in  undertaking  such  acquisition,
    9  development,  financing, leasing, sale, transfer or other disposition or
   10  otherwise carrying out the provisions of this article.
   11    11. Any declarations contained herein with respect to the governmental
   12  nature and public purposes of the facilities authorized by this  article
   13  and to the exemption of such facilities and instruments relating thereto
   14  from  taxation  and to the discretion of the port authority with respect
   15  to said facilities shall not be  construed  to  imply  that  other  port
   16  authority  facilities, property and operations are not of a governmental
   17  nature or do not serve public purposes, or  that  they  are  subject  to
   18  taxation,  or that the determinations of the port authority with respect
   19  thereto are not conclusive.
   20    12. This subdivision and the preceding subdivisions hereof  constitute
   21  an agreement between the states of New York and New Jersey supplementary
   22  to  the  compact  between the two states dated April thirtieth, nineteen
   23  hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
   24  construed  to effectuate the purposes of said compact and of the compre-
   25  hensive plan heretofore adopted by the two states, and the powers grant-
   26  ed to the port authority shall be construed to be in aid of and  not  in
   27  limitation  or  in  derogation  of any other powers heretofore conferred
   28  upon or granted to the port authority.
   29                                 ARTICLE XXX
   30                            GENERAL RESERVE FUND
   31  Section 3001. Definitions.
   32          3002. Establishment of general reserve fund.
   33          3003. Effective date.
   34    S 3001. Definitions. As used in this article:
   35    (a) "Port authority" means the port of New York authority  created  by
   36  the compact of April thirtieth, nineteen hundred twenty-one, between the
   37  states  of  New  York  and New Jersey and continued by article I of this
   38  chapter.
   39    (b) "Bonds legal for investment" means bonds or other  obligations  or
   40  securities  of the port authority, in which savings banks in both of the
   41  two said states are now or may hereafter be authorized to  invest  funds
   42  within their control.
   43    (c)  "Terminal and/or transportation facilities" means terminal and/or
   44  transportation facilities as used in the said compact of  April  thirti-
   45  eth,  nineteen hundred twenty-one, and as defined in subdivisions eleven
   46  and twelve of section one hundred four of this chapter.
   47    (d) "Surplus revenues" means, in the case of each terminal  or  trans-
   48  portation  facility,  the balance of the revenues therefrom remaining at
   49  any time currently  in  the  hands  of  the  port  authority  after  the
   50  deduction of the current expenses of the operation and maintenance ther-
   51  eof,  including  a proper proportion of the general expenses of the port
   52  authority, and after the deduction of any amounts which the port author-
   53  ity may or shall be obligated or may or shall have obligated  itself  to
       S. 3353--A                         176
    1  pay  or to set aside out of the current revenues therefrom for the bene-
    2  fit of the holders of any bonds legal  for  investment,  and  after  the
    3  deduction of any amounts currently due to the two said states on account
    4  of any advances made by the two said states to the port authority in aid
    5  of the effectuation of such terminal or transportation facility.
    6    S 3002. Establishment of general reserve fund.  In all cases where the
    7  port authority has raised or shall hereafter raise moneys for the estab-
    8  lishment,  acquisition,  construction or effectuation of terminal and/or
    9  transportation facilities by the issue  and  sale  of  bonds  legal  for
   10  investment, as herein defined and limited, the surplus revenues received
   11  by  or  accruing  to  the  port authority from or in connection with the
   12  operation of such terminal and/or  transportation  facilities  built  in
   13  whole  or  in  part  by  the proceeds of the sale of such bonds shall be
   14  pooled and applied by it to  the  establishment  and  maintenance  of  a
   15  general  reserve  fund in an amount equal to one-tenth (1/10) of the par
   16  value of all bonds legal for investment, as herein defined and  limited,
   17  issued  by  the  port authority and currently outstanding. The moneys in
   18  the said general reserve fund may be pledged in whole or in part by  the
   19  port  authority  as  security for or applied by it to the repayment with
   20  interest of any moneys which it has raised or may hereafter  raise  upon
   21  any  bonds, legal or investment, as herein defined and limited, and made
   22  and issued by it for any of its lawful purposes; and the said moneys may
   23  be applied by the port authority to the fulfillment of any other  under-
   24  takings  which it has assumed or may or shall hereafter assume to or for
   25  the benefit of the holders of any of such bonds.
   26    Any surplus revenues not required for the  establishment  and  mainte-
   27  nance  of  the  aforesaid  general  reserve  fund shall be used for such
   28  purposes as may hereafter be directed by the two said states.
   29    S 3003. Effective date. This article shall take effect upon the enact-
   30  ment into law by the state of New Jersey of legislation having an  iden-
   31  tical  effect  with this act, but if the State of New Jersey has already
   32  enacted such legislation, this act shall take effect immediately.
   33    S 31. Chapter 40-A of the  consolidated  laws  constituting  the  port
   34  authority  of  New York and New Jersey created by section thirty of this
   35  act shall be deemed for all purposes to be a continuation  of  the  port
   36  authority  of  New York and New Jersey as it was constituted immediately
   37  preceding the effective date of this act and shall not be construed as a
   38  newly created authority.  All unexpended balances of  appropriations  of
   39  monies  heretobefore made or allocated to the port authority of New York
   40  and New Jersey as such authority was constituted  immediately  preceding
   41  the  effective  date  of this act, whether obligated or unobligated, are
   42  hereby transferred to and made available to the port  authority  of  New
   43  York  and  New  Jersey  as  created  in section thirty of this act.  All
   44  rules, regulations, orders, determinations, and decisions  of  the  port
   45  authority  of New York and New Jersey, as it was constituted immediately
   46  preceding the effective date of this act, shall continue in  full  force
   47  and  effect  as rules, regulations, orders, determinations and decisions
   48  of the port authority of New York and  New  Jersey  created  by  section
   49  thirty of this act.
   50    S  32.   For purposes of this act the following conversion chart shall
   51  apply.  Provided, however, that nothing in this conversion  chart  shall
   52  be  construed  to alter or affect any provision of law set forth in this
   53  act.
   54                    2015 PANYNJ CHAPTER CONVERSION CHART
       S. 3353--A                         177
    1  Chapter  Unconsol.   Laws of NY  Chapter     Unconsol.     Laws of NY
    2  Secs.    Secs.                   Secs.       Secs.
    3  101                              112         6410          Ch. 154 of
    4                                                             1921
    5  ________________________________________________________________________
    6  102      6401; 6402  Ch. 154 of  113(1)-(2)  6411          Ch. 154 of
    7                       1921                                  1921
    8  ________________________________________________________________________
    9  103                              113(3)      6414          Ch. 154 of
   10                                                             1921
   11                                                             Ch. 267 of
   12                                                             1970, S61
   13  ________________________________________________________________________
   14  104(1)   6416-A      Ch. 154 of  115(2)      6418          Ch. 154 of
   15                       1921                                  1921
   16                       Ch. 275 of
   17                       1992
   18  ________________________________________________________________________
   19  104(2)   6423        Ch. 154 of  116         6412-A        Ch. 500 of
   20                       1921                                  2012, S78
   21  ________________________________________________________________________
   22  104(3)   6423        Ch. 154 of  117(1)      6419          Ch. 154 of
   23                       1921                                  1921
   24  ________________________________________________________________________
   25  104(4)   6423        Ch. 154 of  117(2)      6420          Ch. 154 of
   26                       1921                                  1921
   27  ________________________________________________________________________
   28  104(5)   6416-A      Ch. 154 of  201(1)      6452          Ch. 43 of
   29                       1921                                  1922, S1
   30                       Ch. 275 of
   31                       1992
   32  ________________________________________________________________________
   33  104(6)   6423        Ch. 154 of  201(2)      6453          Ch. 43 of
   34                       1921                                     1922, S2
   35  ________________________________________________________________________
   36  104(7)   6416-A      Ch. 154 of  201(3)      6454          Ch. 43 of
   37                       1921                                  1922, S3
   38                       Ch. 275 of
   39                       1992
   40  ________________________________________________________________________
   41  104(8)   6423        Ch. 154 of  201(4)      6455          Ch. 43 of
   42                       1921                                  1922, S4
   43  ________________________________________________________________________
   44  104(9)   6423        Ch. 154 of  201(5)      6456          Ch. 43 of
   45                       1921                                  1922, S5
   46  ________________________________________________________________________
   47  104(10)  6423        Ch. 154 of  201(6)      6457          Ch. 43 of
   48                       1921                                  1922, S6
   49  ________________________________________________________________________
   50  104(11)  6423        Ch. 154 of  201(7)      6458          Ch. 43 of
   51                       1921                                  1922, S7
   52  ________________________________________________________________________
   53  104(12)  6423        Ch. 154 of  201(8)      6459          Ch. 43 of
   54                       1921                                  1922, S8
   55  ________________________________________________________________________
   56  105      6404        Ch. 154 of  202(l)      6462          Ch. 43 of
       S. 3353--A                         178
    1                       1921                                  1922, S11
    2                       Ch. 531 of                            Ch. 623 of
    3                       1972                                  1924
    4  ________________________________________________________________________
    5  106      6403        Ch. 154 of  202(2)      6463          Ch. 43 of
    6                       1921                                  1922, S12
    7                                                             Ch. 623 of
    8                                                             1924
    9                                                             Ch. 311 of
   10                                                             1962, S22
   11  ________________________________________________________________________
   12  107(1)   6405        Ch. 154 of  203         6464          Ch. 43 of
   13                       1921                                  1922, S13
   14                       Ch. 419 of                            Ch. 623 of
   15                       1930                                  1924
   16                                                             Ch. 891 of
   17                                                             1953, S13
   18                                                             Ch. 680 of
   19                                                             1967, S130
   20                                                             Ch. 1097 of
   21                                                             1971, S132
   22  ________________________________________________________________________
   23  107(2)   6406        Ch. 154 of  204(1)      6465          Ch. 623 of
   24                       1921                                  1924
   25  ________________________________________________________________________
   26  107(3)   6415        Ch. 154 of  204(2)      6466          Ch. 623 of
   27                       1921                                  1924
   28  ________________________________________________________________________
   29  107(4)               Ch. 154 of  204(3)      6466          Ch. 623 of
   30                       1921, S3                              1924
   31  ________________________________________________________________________
   32  107(5)               Ch. 154 of  204(4)      6467          Ch. 623 of
   33                       1921, S4                              1924
   34  ________________________________________________________________________
   35  108(1)   6407        Ch. 154 of  205         6467          Ch. 623 of
   36                       1921                                  1924
   37  ________________________________________________________________________
   38  108(2)   6407        Ch. 154 of  206         6468          Ch. 623 of
   39                       1921                                  1924
   40  ________________________________________________________________________
   41  108(3)   6408        Ch. 154 of  301         6501          Ch. 47 of
   42                       1921                                  1931, S1
   43  ________________________________________________________________________
   44  109(1)-  6416-A      Ch. 154 of  302(1)      6502          Ch. 47 of
   45  (3)                  1921                                  1931, S2
   46                       Ch. 275 of
   47                       1992
   48                                                             Ch. 180 of
   49                                                             1954
   50                                                             Ch. 807 of
   51                                                             1955
   52  ________________________________________________________________________
   53  109(4)   6417        Ch. 154 of  302(2)      6503          Ch. 47 of
   54                       1921                                  1931, S3
       S. 3353--A                         179
    1  ________________________________________________________________________
    2  110(1)-  6408-A      Ch. 154 of  302(3)      6506          Ch. 47 of
    3  (2)                  1921                                  1931, S5
    4                       Ch. 33 of
    5                       1987
    6  ________________________________________________________________________
    7  111      6409        Ch. 154 of  302(4)      6507          Ch. 47 of
    8                       1921                                  1931, S6
    9  ________________________________________________________________________
   10  114      6413        Ch. 154 of  302(5)      6508          Ch. 47 of
   11                       1921                                  1931, S7
   12  ________________________________________________________________________
   13  115(1)   6416        Ch. 154 of  302(6)      6509          Ch. 47 of
   14                       1921                                  1931, S8
   15  ________________________________________________________________________
   16  302(7)   6509        Ch. 47 of   401(3)      9804          Ch. 882 of
   17                       1931, S8                              1953
   18  ________________________________________________________________________
   19  302(8)   6510        Ch. 47 of   401(4)      9805          Ch. 882 of
   20                       1931, S9                              1953
   21  ________________________________________________________________________
   22  303(1)   6502        Ch. 47 of   402         9806          Ch. 882 of
   23                       1931, S2                              1953
   24                       Ch. 180 of                            Ch. 951 of
   25                       1954                                  1970, S1
   26                       Ch. 807 of
   27                       1955
   28  ________________________________________________________________________
   29  303(2)   6505        Ch. 47 of   403(1)      9807          Ch. 882 of
   30                       1931, S4-a                            1953
   31                       Ch. 807 of                            Ch. 951 of
   32                       1955, S2                              1970, S2
   33  ________________________________________________________________________
   34  303(3)   6505        Ch. 47 of   403(2)      9808          Ch. 882 of
   35                       1931, S4-a                            1953
   36                       Ch. 807 of                            Ch. 951 of
   37                       1955, S2                              1970, S2
   38  ________________________________________________________________________
   39  304      6502        Ch. 47 of   403(3)      9809          Ch. 882 of
   40                       1931                                  1953
   41                       Ch. 180 of                            Ch. 951 of
   42                       1954                                  1970, S2
   43                       Ch. 807 of
   44                       1955
   45  ________________________________________________________________________
   46  305      6502-A      Ch. 47 of   404(1)-(14) 9810          Ch. 882 of
   47                       1931, S2-a                            1953, S1, IV
   48                       Ch. 781 of                            Ch. 355 of
   49                       1988, S7                              2006, S1
   50  ________________________________________________________________________
   51  306      6504        Ch. 47 of   404(15)     9811          Ch. 882 of
   52  (1)-(4)              1931                                  1953, S1,
   53                       Ch. 810 of                            Art. IV
   54                       1955
   55  ________________________________________________________________________
   56  306(5)   6511        Ch. 47 of   405(1)      9812          Ch. 882 of
       S. 3353--A                         180
    1                       1931                                  1953, S1, V
    2                       Ch. 180 of
    3                       1954, S2
    4  ________________________________________________________________________
    5  306(6)   6515        Ch. 47 of   405(2)      9813          Ch. 882 of
    6                       1931, S14                             1953, S1, V
    7  ________________________________________________________________________
    8  306      6516        Ch. 47 of   405(3)      9814          Ch. 882 of
    9  (7)-(10)             1931, S15                              1953, S1, V
   10                       Ch. 807 of                            Ch. 360 of
   11                       1955,                                 2006, S3
   12                       Ch. 840 of
   13                       1977, S102
   14  ________________________________________________________________________
   15  306(11)  6517        Ch. 47 of   405(4)      9815          Ch. 882 of
   16                       1931, S16                             1953, S1, V
   17                       Ch. 180 of
   18                       1954, S2
   19                       Ch. 807 of
   20                       1955
   21  ________________________________________________________________________
   22  306(12)  6518        Ch. 47 of   405(5)      9816          Ch. 882 of
   23                       1931, S17                             1953, S1, V
   24  ________________________________________________________________________
   25  306(13)  6520        Ch. 47 of   405(6)      9817          Ch. 882 of
   26                       1931, S19                             1953, S1, V
   27  ________________________________________________________________________
   28  306(14)  6521        Ch. 47 of   405(7)      9818          Ch. 882 of
   29                       1931, S20                             1953, S1, V
   30                                                             Ch. 360 of
   31                                                             2006, S1
   32  ________________________________________________________________________
   33  307      6512        Ch. 47 of   406(1)      9819          Ch. 882 of
   34                       1931, S11                             1953, S1, VI
   35                       Ch. 807 of
   36                       1955
   37  ________________________________________________________________________
   38  308(1)   6513        Ch. 47 of   406(2)      9820          Ch. 882 of
   39                       1931, S12                             1953, S1, VI
   40  ________________________________________________________________________
   41  308(2)   6514        Ch. 47 of   406(3)      9821          Ch. 882 of
   42                       1931, S13                             1953, S1, VI
   43                       Ch. 807 of
   44                       1955
   45  ________________________________________________________________________
   46  309      6522        Ch. 47 of   406(4)      9822          Ch. 882 of
   47  (1)-(3)              1931, S21                             1953, S1, VI
   48                       Ch. 807 of
   49                       1855
   50  ________________________________________________________________________
   51  309      6523        Ch. 47 of   406(5)      9823          Ch. 882 of
   52  (4)-(7)              1931, S22                             1953, S1, VI
   53  ________________________________________________________________________
   54  309(8)   6524        Ch. 47 of   406(6)      9824          Ch. 882 of
   55                       1931, S23                             1953, S1, VI
       S. 3353--A                         181
    1  ________________________________________________________________________
    2  400      Title 29                407(1)      9825          Ch. 882 of
    3                                                             1953, S1,
    4                                                             VII
    5  ________________________________________________________________________
    6  Part I   9801        Ch. 882 of  407(2)      9826          Ch. 882 of
    7                       1953                                  1953, S1,
    8                                                             VII
    9  ________________________________________________________________________
   10  401(1)   9802        Ch. 882 of  408(1)      9827          Ch. 882 of
   11                       1953                                  1953, S1,
   12                                                             VIII
   13  ________________________________________________________________________
   14  401(2)   9803        Ch. 882 of  408(2)      9828          Ch. 882 of
   15                       1953                                  1953, S1,
   16                                                             VIII
   17  ________________________________________________________________________
   18  408(3)   9829        Ch. 882 of  413(2)      9857          Ch. 882 of
   19                       1953, S1,                             1953, S1,
   20                       VIII                                  XIII
   21  ________________________________________________________________________
   22  408(4)   9830        Ch. 882 of  413(3)      9858          Ch. 882 of
   23                       1953, S1,                             1953, S1,
   24                       VIII                                  XIII
   25  ________________________________________________________________________
   26  408(5)   9831        Ch. 882 of  413(4)      9859          Ch. 882 of
   27                       1953, S1,                             1953, S1,
   28                       VIII                                  XIII
   29  ________________________________________________________________________
   30  408(6)   9832        Ch. 882 of  413(5)      9860          Ch. 882 of
   31                       1953, S1,                             1953, S1
   32                       VIII                                  XIII
   33  ________________________________________________________________________
   34  408(7)   9833        Ch. 882 of  413(6)      9861          Ch. 882 of
   35                       1953, S1,                             1953, S1,
   36                       VIII                                  XIII
   37  ________________________________________________________________________
   38  409(1)   9834        Ch. 882 of  414(1)      9862          Ch. 882 of
   39                       1953, S1,                             1953, S1,
   40                       IX                                    XIV
   41  ________________________________________________________________________
   42  409(2)   9835        Ch. 882 of  414(2)      9863          Ch. 882 of
   43                       1953, S1,                             1953, S1,
   44                       IX                                    XIV
   45  ________________________________________________________________________
   46  409(3)   9836        Ch. 882 of  414(3)      9864          Ch. 882 of
   47                       1953, S1,                             1953, S1,
   48                       IX                                    XIV
   49  ________________________________________________________________________
   50  409(4)   9837        Ch. 882 of  414(4)      9865          Ch. 882 of
   51                       1953, S1,                             1953, S1,
   52                       IX                                    XIV
   53  ________________________________________________________________________
   54  409(5)   9838        Ch. 882 of  414(5)      9866          Ch. 882 of
   55                       1953, S1,                             1953, S1,
   56                       IX                                    XIV
       S. 3353--A                         182
    1  ________________________________________________________________________
    2  410(1)   9839        Ch. 882 of  414(6)      9867          Ch. 882 of
    3                       1953, S1,                             1953, S1,
    4                       X                                     XV
    5  ________________________________________________________________________
    6  410(2)   9840        Ch. 882 of  415(1)      9868          Ch. 882 of
    7                       1953, S1,                             1953, S1,
    8                       X                                     XV
    9  ________________________________________________________________________
   10  410(3)   9841        Ch. 882 of  415(2)      9869          Ch. 882 of
   11                       1953, S1,                             1953, S1,
   12                       X                                     XV
   13  ________________________________________________________________________
   14  410(4)   9842        Ch. 882 of  416(1)      9870          Ch. 882 of
   15                       1953, S1,                             1953, S1,
   16                       X                                     XVI
   17  ________________________________________________________________________
   18  410(5)   9843        Ch. 882 of  416(2)      9871          Ch. 882 of
   19                       1953, S1,                             1953, S1,
   20                       X                                     XVI
   21  ________________________________________________________________________
   22  410(6)   9844        Ch. 882 of  416(3)      9872          Ch. 882 of
   23                       1953, S1,                             1953, S1,
   24                       X                                     XVI
   25  ________________________________________________________________________
   26  411(1)   9845        Ch. 882 of  416(4)      9873          Ch. 882 of
   27                       1953, S1,                             1953, S1,
   28                       XI                                    XVI
   29  ________________________________________________________________________
   30  411(2)   9846        Ch. 882 of  417         9873          Ch. 882 of
   31                       1953, S1,                             1953, S1,
   32                       XI                                    XVI
   33  ________________________________________________________________________
   34  411(3)   9847        Ch. 882 of  418         9901          Ch. 882 of
   35                       1953, S1,                             1953, S2
   36                       XI
   37  ________________________________________________________________________
   38  411(4)   9848        Ch. 882 of  419         9901          Ch. 882 of
   39                       1953, S1,                             1953, S2
   40                       XI
   41  ________________________________________________________________________
   42  411(5)   9849        Ch. 882 of  420         9903          Ch. 882 of
   43                       1953, S1,                             1953, S4
   44                       XI
   45                       Ch. 355 of
   46                       2006, S2
   47  ________________________________________________________________________
   48  411(6)   9850        Ch. 882 of  421         9904          Ch. 882 of
   49                       1953, S1,                             1953, S5
   50                       XI                                    Ch. 883 of
   51                                                             1953
   52  ________________________________________________________________________
   53  411(7)   9851        Ch. 882 of  422         9905          Ch. 882 of
   54                       1953, S1,                             1953, S5-a
   55                       XI                                    Ch. 156 of
   56                                                             1954
       S. 3353--A                         183
    1                                                             Ch. 220 of
    2                                                             1957
    3                                                             Ch. 211 of
    4                                                             1961
    5                                                             Ch. 953 of
    6                                                             1969
    7  ________________________________________________________________________
    8  412(1)   9852        Ch. 882 of  423         9906          Ch. 882 of
    9                       1953, S1,                             1953, S5-b
   10                       XXII                                  Ch. 220 of
   11                                                             1954, S2
   12                                                             Ch. 188 of
   13                                                             1957, S2
   14                                                             Ch. 952 of
   15                                                             1969
   16                                                             Ch. 164 of
   17                                                             2003, S28
   18  ________________________________________________________________________
   19  412(2)   9853        Ch. 882 of  424         9907          Ch. 882 of
   20                       1953, S1,                             1953
   21                       XII                                   Ch. 127 of
   22                                                             1966
   23  ________________________________________________________________________
   24  412(3)   9854        Ch. 882 of  425         9908          Ch. 882 of
   25                       1953, S1,                             1953
   26                       XII                                   Ch. 220 of
   27                                                             1954, S2
   28  ________________________________________________________________________
   29  412(4)   9855        Ch. 882 of  426         9911          Ch. 882 of
   30                       1953, S1,                             1953, S5-g
   31                       XII                                   Ch. 220 of
   32                                                             1954, S2
   33  ________________________________________________________________________
   34  413(1)   9856        Ch. 882 of  427         9912          Ch. 882 of
   35                       1953, S1,                             1953, S5-h
   36                       XIII                                  Ch. 220 of
   37                                                             1954, S2
   38                                                             Ch. 188 of
   39                                                             1957, S3
   40                                                             Ch. 340 of
   41                                                             2006
   42                                                             Ch. 362 of
   43                                                             2007
   44  ________________________________________________________________________
   45  428      9913        Ch. 882 of  443         9934          Ch. 882 of
   46                       1953, S5-i                            1953, S8-a
   47                       Ch. 220 of                            Ch. 211 of
   48                       1954, S2                              1961, S4
   49                       Ch. 188 of
   50                       1957, S4
   51                       Ch. 340 of
   52                       2006, S2
   53                       Ch. 362 of
   54                       2007, S2
   55  ________________________________________________________________________
   56  429      9914        Ch. 882 of  444         9961          Ch. 882 of
       S. 3353--A                         184
    1                       1953, S5-i                            1953, S10
    2                       Ch. 220 of                            Ch. 951 of
    3                       1954, S2                              1970, S4
    4  ________________________________________________________________________
    5  430      9915        Ch. 882 of  445(1)      9962          Ch. 882 of
    6                       1953, S5-k                            1953, S10
    7                       Ch. 220 of                            Ch. 951 of
    8                       1954, S2                              1970, S4
    9                       Ch. 188 of
   10                       1957, S5
   11  ________________________________________________________________________
   12  431      9916        Ch. 882 of  445(2)      9963          Ch. 882 of
   13                       1953, S5-l                            1953, S101
   14                       Ch. 457 of                            Ch. 951 of
   15                       1956                                  1970, S4
   16  ________________________________________________________________________
   17  432      9918        Ch. 882 of  446         9964          Ch. 882 of
   18                       1953, S5-n                            1953, S10
   19                       Ch. 188 of                            Ch. 951 of
   20                       1957, S6                              1970, S4
   21                       Ch. 360 of
   22                       2006, SS2,4
   23  ________________________________________________________________________
   24  433      9919        Ch. 882 of  447         9965          Ch. 882 of
   25                       1953                                  1953, S10
   26                       Ch. 211 of                            Ch. 951 of
   27                       1961, S2                              1970, S4
   28  ________________________________________________________________________
   29  434      9920        Ch. 882 of  447(last    9966          Ch. 882 of
   30                       1953, S5-p  para)                     1953, S10
   31                       Ch. 127 of                            Ch. 951 of
   32                       1966, S3                              1970, S4
   33                       Ch. 64 of
   34                       1982
   35                       Ch. 529 of
   36                       1987
   37                       Ch. 742 of
   38                       1987
   39                       Ch. 157 of
   40                       1988
   41                       Ch. 322 of
   42                       1997
   43                       Ch. 431 of
   44                       1999
   45  ________________________________________________________________________
   46  435      9921        Ch. 882 of  448(1)      9967          Ch. 882 of
   47                       1953, S5-q                            1953, S10
   48                       Ch. 826 of                            Ch. 951 of
   49                       1975, S6                              1970, S4
   50                       Ch. 355 of
   51                       2006, S3
       S. 3353--A                         185
    1  ________________________________________________________________________
    2  436      9922        Ch. 882 of  448(2)      9968          Ch. 882 of
    3                       1953, S5-r                            1953, S10
    4                       Ch. 10 of                             Ch. 951 of
    5                       1982                                  1970, S4
    6  ________________________________________________________________________
    7  437      9923        Ch. 882 of  448(3)      9969          Ch. 882 of
    8                       1953                                  1953, S10
    9                       Ch. 10 of                             Ch. 951 of
   10                       1982                                  1970, S4
   11  ________________________________________________________________________
   12  438      9924        Ch. 882 of  448(4)      9970          Ch. 882 of
   13                       1953, S5-t                            1953, S10
   14                       Ch. 457 of                            Ch. 951 of
   15                       1986, S1                              1970, S4
   16                       Ch. 320 of
   17                       1997, S1
   18  ________________________________________________________________________
   19  439      9925        Ch. 815 of  448(5)      9971          Ch. 882 of
   20                       1989                                  1953, S10
   21                                                             Ch. 951 of
   22                                                             1970, S4
   23  ________________________________________________________________________
   24  440      9931        Ch. 882 of  448(6)      9972          Ch. 882 of
   25                       1953, S6                              1953, S10
   26                                                             Ch. 951 of
   27                                                             1970, S4
   28  ________________________________________________________________________
   29  441      9932        Ch. 882 of  449(1)      9973          Ch. 882 of
   30                       1953, S7                              1953, S10
   31                       Ch. 188 of                            Ch. 951 of
   32                       1957, S7                              1970, S4
   33  ________________________________________________________________________
   34  442      9933        Ch. 882 of  449(2)      9974          Ch. 882 of
   35                       1953, S8                              1953, S10
   36                       Ch. 211 of                            Ch. 951 of
   37                       1961, S3                              1970, S4
   38                       Ch. 951 of
   39                       1969
   40  ________________________________________________________________________
   41  449(3)   9975        Ch. 882 of  452(4)      9996          Ch. 882 of
   42                       1953, S10                             1953, S10
   43                       Ch. 951 of                            Ch. 951 of
   44                       1970, S4                              1970, S4
   45  ________________________________________________________________________
   46  449(4)   9976        Ch. 882 of  452(5)      9997          Ch. 882 of
   47                       1953, S10                             1953, S10
   48                       Ch. 951 of                            Ch. 951 of
   49                       1970, S4                              1970, S4
       S. 3353--A                         186
    1  ________________________________________________________________________
    2  449(5)   9977        Ch. 882 of  452(6)      9998          Ch. 882 of
    3                       1953, S10                             1953, S10
    4                       Ch. 951 of                            Ch. 951 of
    5                       1970, S4                              1970, S4
    6  ________________________________________________________________________
    7  449(6)   9978        Ch. 882 of  452(7)      9999          Ch. 882 of
    8                       1953, S10                             1953, S10
    9                       Ch. 951 of                            Ch. 951 of
   10                       1970, S4                              1970, S4
   11  ________________________________________________________________________
   12  450(1)   9979        Ch. 882 of  452(8)      10000         Ch. 882 of
   13                       1953, S10                             1953, S10
   14                       Ch. 951 of                            Ch. 951 of
   15                       1970, S4                              1970, S4
   16  ________________________________________________________________________
   17  450(2)   9980        Ch. 882 of  452(9)      10001         Ch. 882 of
   18                       1953, S10                             1953, S10
   19                       Ch. 951 of                            Ch. 951 of
   20                       1970, S4                              1970, S4
   21  ________________________________________________________________________
   22  450(3)   9981        Ch. 882 of  452(10)     10002         Ch. 882 of
   23                       1953, S10                             1953, S10
   24                       Ch. 951 of                            Ch. 951 of
   25                       1970, S4                              1970, S4
   26  ________________________________________________________________________
   27  450(4)   9982        Ch. 882 of  452(11)     10003         Ch. 882 of
   28                       1953, S10                             1953, S10
   29                       Ch. 951 of                            Ch. 951 of
   30                       1970, S4                              1970, S4
   31  ________________________________________________________________________
   32  450(5)   9983        Ch. 882 of  452(12)     10004         Ch. 882 of
   33                       1953, S10                             1953, S10
   34                       Ch. 951 of                            Ch. 951 of
   35                       1970, S4                              1970, S4
   36  ________________________________________________________________________
   37  451(1)   9984        Ch. 882 of  452(13)     10005         Ch. 882 of
   38                       1953, S10                             1953, S10
   39                       Ch. 951 of                            Ch. 951 of
   40                       1970, S4                              1970, S4
   41  ________________________________________________________________________
   42  451(2)   9985        Ch. 882 of  452(14)     10006         Ch. 882 of
   43                       1953, S10                             1953, S10
   44                       Ch. 951 of                            Ch. 951 of
   45                       1970, S4                              1970, S4
   46  ________________________________________________________________________
   47  451(3)   9986        Ch. 882 of  452(15)     10007         Ch. 882 of
   48                       1953, S10                             1953, S10
   49                       Ch. 951 of                            Ch. 951 of
   50                       1970, S 4                             1970, S4
   51  ________________________________________________________________________
   52  451(4)   9987        Ch. 882 of  452(16)     10008         Ch. 882 of
   53                       1953, S10                             1953, S10
   54                       Ch. 951 of                            Ch. 951 of
   55                       1970, S4                              1970, S4
       S. 3353--A                         187
    1  ________________________________________________________________________
    2  451(5)   9988        Ch. 882 of  452(17)     10009         Ch. 882 of
    3                       1953, S10                             1953, S10
    4                       Ch. 951 of                            Ch. 951 of
    5                       1970, S4                              1970, S4
    6  ________________________________________________________________________
    7  451(6)   9989        Ch. 882 of  452(18)     10010         Ch. 882 of
    8                       1953, S10                             1953, S10
    9                       Ch. 951 of                            Ch. 951 of
   10                       1970, S4                              1970, S4
   11  ________________________________________________________________________
   12  451(7)   9990        Ch. 882 of  452(19)     10011         Ch. 882 of
   13                       1953, S10                             1953, S10
   14                       Ch. 951 of                            Ch. 951 of
   15                       1970, S4                              1970, S4
   16  ________________________________________________________________________
   17  451(8)   9991        Ch. 882 of  452(20)     10012         Ch. 882 of
   18                       1953, S10                             1953, S10
   19                       Ch. 951 of                            Ch. 951 of
   20                       1970, S4                              1970, S4
   21  ________________________________________________________________________
   22  451(9)   9992        Ch. 882 of  453(1)      10013         Ch. 882 of
   23                       1953, S10                             1953, S10
   24                       Ch. 951 of                            Ch. 951 of
   25                       1970, S4                              1970, S4
   26  ________________________________________________________________________
   27  452(1)   9993        Ch. 882 of  453(2)      10014         Ch. 882 of
   28                       1953, S10                             1953, S10
   29                       Ch. 951 of                            Ch. 951 of
   30                       1970, S4                              1970, S4
   31  ________________________________________________________________________
   32  452(2)   9994        Ch. 882 of  453(3)      10015         Ch. 882 of
   33                       1953, S10                             1953, S10
   34                       Ch. 951 of                            Ch. 951 of
   35                       1970, S4                              1970, S4
   36  ________________________________________________________________________
   37  452(3)   9995        Ch. 882 of  453(4)      10015         Ch. 882 of
   38                       1953, S10                             1953, S10
   39                       Ch. 951 of                            Ch. 951 of
   40                       1970, S4                              1970, S4
   41  ________________________________________________________________________
   42  453(5)   10017       Ch. 882 of  601         7001          Ch. 48 of
   43                       1953, S10                             1931
   44                       Ch. 951 of                            Ch. 163 of
   45                       1970, S4                              1945
   46  ________________________________________________________________________
   47  453(6)   10018       Ch. 882 of  602         6731          Ch. 163 of
   48                       1953, S10                             1945, S2
   49                       Ch. 951 of
   50                       1970, S4
   51  ________________________________________________________________________
   52  453(7)   10019       Ch. 882 of  603         6732          Ch. 163 of
   53                       1953, S10                             1945, S3
   54                       Ch. 951 of                            Ch. 840 of
       S. 3353--A                         188
    1                       1970, S4                              1977, S109
    2  ________________________________________________________________________
    3  454(1)   10020       Ch. 882 of  701         6971          Ch. 553 of
    4                       1953, S10                             1931, S1
    5                       Ch. 951 of
    6                       1970, S4
    7  ________________________________________________________________________
    8  454(2)   10021       Ch. 882 of  702         6972          Ch. 553 of
    9                       1953, S10                             1931, S2
   10                       Ch. 951 of
   11                       1970, S4
   12  ________________________________________________________________________
   13  454(3)   10022       Ch. 882 of  801         6931          Ch. 876 of
   14                       1953, S10                             1935
   15                       Ch. 951 of
   16                       1970, S4
   17  ________________________________________________________________________
   18  454(4)   10023       Ch. 882 of  901         6951          Ch. 203 of
   19                       1953, S10                             1938, S1
   20                       Ch. 951 of
   21                       1970, S4
   22  ________________________________________________________________________
   23  455      10051       Ch. 882 of  902         6952          Ch. 203 of
   24                       1953, S11                             1938, S2
   25                       Ch. 951 of
   26                       1970, S5
   27  ________________________________________________________________________
   28  456      10052       Ch. 882 of  1001        7051          Ch. 352 of
   29                       1953, S11-a                           1946, S1
   30                       Ch. 951 of
   31                       1970, S5
   32  ________________________________________________________________________
   33  457      10053       Ch. 882 of  1002        7052          Ch. 352 of
   34                       1953, S11-b                           1946, S2
   35                       Ch. 951 of
   36                       1970, S5
   37  ________________________________________________________________________
   38  458      10054       Ch. 882 of  1003        7053          Ch. 352 of
   39                       1953, S12                             1946, S3
   40                       Ch. 951 of
   41                       1970, S5
   42  ________________________________________________________________________
   43  459      10055       Ch. 882 of  1004        7054          Ch. 352 of
   44                       1953, S13                             1946, S4
   45                       Ch. 951 of
   46                       1970, S5
       S. 3353--A                         189
    1  ________________________________________________________________________
    2  460      10056       Ch. 882 of  1005        7055          Ch. 352 of
    3                       1953, S14                             1946, S5
    4                       Ch. 951 of
    5                       1970, S5
    6  ________________________________________________________________________
    7  461      10057       Ch. 882 of  1006        7056          Ch. 352 of
    8                       1953, S15                             1946, S6
    9                       Ch. 951 of
   10                       1970, S5
   11  ________________________________________________________________________
   12  462      10058       Ch. 882 of  1007        7057          Ch. 352 of
   13                       1953, S16                             1946, S7
   14                       Ch. 951 of
   15                       1970, S5
   16  ________________________________________________________________________
   17  463      10059       Ch. 882 of  1101        6701          Ch. 443 of
   18                       1953, S17                             1946, S1
   19                       Ch. 951 of
   20                       1970, S5
   21  ________________________________________________________________________
   22  464      10060       Ch. 882 of  1102        6702          Ch. 443 of
   23                       1953, S19                             1946, S2
   24                       Ch. 951 of
   25                       1970, S5
   26  ________________________________________________________________________
   27  500      7151        Ch. 700 of  1103        6703          Ch. 443 of
   28                       1927, S1                              1946, S3
   29  ________________________________________________________________________
   30  501      7152        Ch. 700 of  1104        6704          Ch. 443 of
   31                       1927, S2                              1946, S4
   32                       Ch. 215 of
   33                       1956
   34                       Ch. 602 of
   35                       1972
   36  ________________________________________________________________________
   37  502      7153        Ch. 700 of  1105        6705          Ch. 443 of
   38                       1927, S3                              1946, S5
   39                                                             Ch. 840 of
   40                                                             1977, S110
   41  ________________________________________________________________________
   42  503      7154        Ch. 700 of  1201        6671          Ch. 631 of
   43                       1927, S4                              1947
   44                                                             Ch. 784 of
   45                                                             1948
   46                                                             Ch. 840 of
   47                                                             1977, S111
       S. 3353--A                         190
    1  ________________________________________________________________________
    2  1202     6672        Ch. 631 of  1314        6644          Ch. 802 of
    3                       1947, S2                              1947, S14
    4  ________________________________________________________________________
    5  1203     6673        Ch. 631 of  1315        6646          Ch. 802 of
    6                       1947, S3                              1947, S16
    7                       Ch. 792 of
    8                       1978, S3
    9                       Ch. 470 of
   10                       1980, S3
   11                       Ch. 676 of
   12                       1984, S2
   13                       Ch. 677 of
   14                       1984
   15  ________________________________________________________________________
   16  1204     6674        Ch. 631 of  1401        6902          Ch. 819 of
   17                       1947, S4                              1947, S2
   18                       Ch. 784 of                            Ch. 840 of
   19                       1948, S3                              1977, S115
   20  ________________________________________________________________________
   21  1205     6675        Ch. 631 of  1501        7101          Ch. 301 of
   22                       1947, S5                              1950, S1
   23  ________________________________________________________________________
   24  1206     6676        Ch. 631 of  1502        7102          Ch. 301 of
   25                       1947, S5-a                            1950, S2
   26                       Ch. 982 of
   27                       1958
   28                       Ch. 840 of
   29                       1977, S112
   30  ________________________________________________________________________
   31  1207     6677        Ch. 631 of  1503        7103          Ch. 301 of
   32                       1947, S5-b                            1950, S3
   33                       Ch. 982 of
   34                       1958, S2
   35                       Ch. 18 of
   36                       1962
   37  ________________________________________________________________________
   38  1208     6675-C      Ch. 676 of  1504        7104          Ch. 301 of
   39                       1984, S3                              1950, S4
   40  ________________________________________________________________________
   41  1301     6631        Ch. 802 of  1505        7105          Ch. 301 of
   42                       1947, S1                              1950, S5
   43  ________________________________________________________________________
   44  1302     6632        Ch. 802 of  1506        7106          Ch. 301 of
   45                       1947, S2                              1950, S6
   46  ________________________________________________________________________
   47  1303     6633        Ch. 802 of  1507        7107          Ch. 301 of
   48                       1947, S3                              1950, S7
   49                       Ch. 474 of
   50                       1971, S2
   51                       Ch. 792 of
   52                       1978, S2
   53                       Ch. 470 of
   54                       1980, S2
   55  ________________________________________________________________________
   56  1304     6634        Ch. 802 of  1508        7108          Ch. 301 of
       S. 3353--A                         191
    1                       1947, S4                              1950, S8
    2                                                             Ch. 938 of
    3                                                             1974
    4  ________________________________________________________________________
    5  1304-A   6634-A      Ch. 802 of  1509        7109          Ch. 301 of
    6                       1947, S4-a                            1950, S9
    7                       Ch. 18 of
    8                       1976, S2
    9  ________________________________________________________________________
   10  1305     6635        Ch. 802 of  1510        7110          Ch. 301 of
   11                       1947, S5                              1950, S10
   12  ________________________________________________________________________
   13  1306     6636        Ch. 802 of  1511        7111          Ch. 301 of
   14                       1947, S6                              1950, S11
   15  ________________________________________________________________________
   16  1307     6637        Ch. 802 of  1601        6801          Ch. 774 of
   17                       1947, S7                              1950, S1
   18  ________________________________________________________________________
   19  1308     6638        Ch. 802 of  1602        6802          Ch. 774 of
   20                       1947, S8                              1950, S2
   21                       Ch. 785 of
   22                       1948
   23  ________________________________________________________________________
   24  1309     6639        Ch. 802 of  1603        6803          Ch. 774 of
   25                       1947, S9                              1950, S3
   26                       Ch. 299 of
   27                       1975
   28                       Ch. 840 of
   29                       1977, S113
   30  ________________________________________________________________________
   31  1310     6640        Ch. 802 of  1604        6804          Ch. 774 of
   32                       1947, S10                             1950, S4
   33                       Ch. 785 of
   34                       1948
   35  ________________________________________________________________________
   36  1311     6641        Ch. 802 of  1605        6805          Ch. 774 of
   37                       1947, S11                             1950, S5
   38                       Ch. 8 of
   39                       1963
   40                       Ch. 299 of
   41                       1975
   42  ________________________________________________________________________
   43  1312     6642        Ch. 802 of  1606        6806          Ch. 774 of
   44                       1947, S12                             1950, S6
   45  ________________________________________________________________________
   46  1313     6643        Ch. 802 of  1607        6807          Ch. 774 of
   47                       1947, S13                             1950, S7
   48  ________________________________________________________________________
   49  1608     6808        Ch. 774 of  2106        6556          Ch. 808 of
   50                       1950, S8                              1955, S6
   51                       Ch. 543 of
   52                       1951, S1
   53  ________________________________________________________________________
   54  1609     6809        Ch. 774 of  2107        6557          Ch. 808 of
   55                       1950, S9                              1955, S7
       S. 3353--A                         192
    1  ________________________________________________________________________
    2  1610     6810        Ch. 774 of  2108        6558          Ch. 808 of
    3                       1950, S10                             1955, S8
    4                                                             Ch. 840 of
    5                                                             1977, S118
    6  ________________________________________________________________________
    7  1611     6811        Ch. 774 of  2109        6559          Ch. 808 of
    8                       1950, S11                             1955, S9
    9  ________________________________________________________________________
   10  1612     6812        Ch. 774 of  2110        6560          Ch. 808 of
   11                       1950, S12                             1955, S10
   12  ________________________________________________________________________
   13  1613     6813        Ch. 774 of  2111        6561          Ch. 808 of
   14                       1950, S13                             1955, S11
   15  ________________________________________________________________________
   16  1614     6814        Ch. 774 of  2112        6562          Ch. 808 of
   17                       1950, S14                             1955, S12
   18  ________________________________________________________________________
   19  1615     6815        Ch. 774 of  2113        6563          Ch. 808 of
   20                       1950, S15                             1955, S13
   21  ________________________________________________________________________
   22  1616     6816        Ch. 774 of  2114        6564          Ch. 808 of
   23                       1950, S16                             1955, S14
   24  ________________________________________________________________________
   25  1617     6816-A      Ch. 774 of  2201        6751          Ch. 444 of
   26                       1950, S16-a                           1956, S1
   27                       Ch. 379 of
   28                       1992, S3
   29  ________________________________________________________________________
   30  1618     6816-B      Ch. 774 of  2202        6752          Ch. 444 of
   31                       1950, S16-b                           1956, S2
   32                       Ch. 379 of
   33                       1992, S4
   34                       Ch. 666 of
   35                       1993, S2
   36  ________________________________________________________________________
   37  1619     6816-C      Ch. 774 of  2203        6753          Ch. 444 of
   38                       1950, S16-c                           1956, S3
   39                       Ch. 379 of
   40                       1992, S4
   41  ________________________________________________________________________
   42  1701-    6831        Ch. 206 of  2301(1)     6771          Ch. 638 of
   43  1708                 1951, S1                              1959, S1
   44  ________________________________________________________________________
   45  1709     6832        Ch. 206 of  2301(2)     6772          Ch. 638 of
   46                       1951, S2                              1959, S2
   47  ________________________________________________________________________
   48  1710     6833        Ch. 206 of  2301(3)     6773          Ch. 638 of
   49                       1951, S3                              1959, S3
   50  ________________________________________________________________________
   51  1711     6834        Ch. 206 of  2301(4)     6774          Ch. 638 of
   52                       1951, S4                              1959, S4
   53  ________________________________________________________________________
   54  1712     6835        Ch. 206 of  2301(5)     6775          Ch. 638 of
   55                       1951, S5                              1959, S5
       S. 3353--A                         193
    1  ________________________________________________________________________
    2  1713     6836        Ch. 206 of  2301(6)     6776          Ch. 638 of
    3                       1951, S6                              1959, S6
    4  ________________________________________________________________________
    5  1801     6871        Ch. 207 of  2301(7)     6777          Ch. 638 of
    6                       1951, S1                              1959, S7
    7                                                             Ch. 319 of
    8                                                             1962
    9                                                             Ch. 420,
   10                                                             1968, S368
   11  ________________________________________________________________________
   12  1802     6872        Ch. 207 of  2401(1)     6601          Ch. 209 of
   13                       1951, S2                              1962, S1
   14  ________________________________________________________________________
   15  1901     6851        Ch. 142 of  2401(2)     6602          Ch. 209 of
   16                       1953, S1                              1962, S2
   17                                                             Ch. 318 of
   18                                                             1973, S1
   19  ________________________________________________________________________
   20  1902     6852        Ch. 142 of  2401(3)     6603          Ch. 209 of
   21                       1953, S2                              1962, S3
   22  ________________________________________________________________________
   23  2001     7131        Ch. 143 of  2401(4)     6604          Ch. 209 of
   24                       1953, S1                              1962, S4
   25  ________________________________________________________________________
   26  2002     7132        Ch. 143 of  2401(5)     6605          Ch. 209 of
   27                       1953, S2                              1962, S5
   28  ________________________________________________________________________
   29  2003     7133        Ch. 143 of  2401(6)     6606          Ch. 209 of
   30                       1953, S3                              1962, S5
   31                                                             Ch. 1003 of
   32                                                             1972, S1
   33  ________________________________________________________________________
   34  2004     7134        Ch. 143 of  2401(7)     6607          Ch. 209 of
   35                       1953, S4                              1962, S7
   36  ________________________________________________________________________
   37  2005     7135        Ch. 143 of  2401(8)     6608          Ch. 209 of
   38                       1953, S5                              1962, S8
   39  ________________________________________________________________________
   40  2101     6551        Ch. 808 of  2401(9)     6609          Ch. 209 of
   41                       1955, S1                              1962, S9
   42  ________________________________________________________________________
   43  2102     6552        Ch. 808 of  2401(10)    6610          Ch. 209 of
   44                       1955, S2                              1962, S10
   45  ________________________________________________________________________
   46  2103     6553        Ch. 808 of  2401(11)    6611          Ch. 209 of
   47                       1955, S3                              1962, S11
   48  ________________________________________________________________________
   49  2104     6554        Ch. 808 of  2401(12)    6612          Ch. 209 of
   50                       1955, S4                              1962, S12
   51  ________________________________________________________________________
   52  2105     6555        Ch. 808 of  2401(13)    6613          Ch. 209 of
   53                       1955, S5                              1962, S13
   54  ________________________________________________________________________
   55  2401     6614        Ch. 209 of  2803(8)     7178          Ch. 651 of
   56  (14)                 1962, S14                             1978, S8
       S. 3353--A                         194
    1                       Ch. 840 of
    2                       1977, S119
    3  ________________________________________________________________________
    4  2401     6615        Ch. 209 of  2803(9)     7179          Ch. 651 of
    5  (15)                 1962                                  1978, S9
    6                       Ch. 120 of
    7                       1877, S120
    8  ________________________________________________________________________
    9  2401     6616        Ch. 209 of  2803(10)    7180          Ch. 651 of
   10  (16)                 1962, S16                             1978, S10
   11  ________________________________________________________________________
   12  2401     6617        Ch. 209 of  2803(11)    7181          Ch. 651 of
   13  (17)                 1962, S17                             1978, S11
   14  ________________________________________________________________________
   15  2401     6618        Ch. 209 of  2803(12)    7182          Ch. 651 of
   16  (18)                 1962, S18                             1978, S12
   17  ________________________________________________________________________
   18  2501     7101        Ch. 301 of  2803(13)    7183          Ch. 651 of
   19  (1)                  1950, S1                              1978, S13
   20  ________________________________________________________________________
   21  2501     7102        Ch. 301 of  2803(14)    7184          Ch. 651 of
   22  (2)                  1950, S2                              1978, S14
   23  ________________________________________________________________________
   24  2501     7103        Ch. 301 of  2803(15)    7185          Ch. 651 of
   25  (3)                  1950, S3                              1978, S15
   26  ________________________________________________________________________
   27  2501     7104        Ch. 301 of  2803(16)    7186          Ch. 651 of
   28  (4)                  1950, S4                              1978, S16
   29  ________________________________________________________________________
   30  2501     7105        Ch. 301 of  2803(17)    7187          Ch. 651 of
   31  (5)                  1950, S5                              1978, S17
   32  ________________________________________________________________________
   33  2501     7106        Ch. 301 of  2803(18)    7188          Ch. 651 of
   34  (6)                  1950, S6                              1978, S18
   35  ________________________________________________________________________
   36  2501     7107        Ch. 301 of  2803(19)    7189          Ch. 651 of
   37  (7)                  1950, S7                              1978, S19
   38  ________________________________________________________________________
   39  2501     7108        Ch. 301 of  2803(20)    7190          Ch. 651 of
   40  (8)                  1950, S8                              1978, S20
   41                       Ch. 938 of
   42                       1874, S1
   43  ________________________________________________________________________
   44  2501     7109        Ch. 301 of  2803(21)    7191          Ch. 651 of
   45  (9)                  1950, S9                              1978, S21
   46  ________________________________________________________________________
   47  2501     7110        Ch. 301 of  2901        7201          Ch. 12 of
   48  (10)                 1950, S10                             1979, S1
   49  ________________________________________________________________________
   50  2501     7111        Ch. 301 of  2902        7202          Ch. 12 of
   51  (11)                 1950, S11                             1979, S2
   52  ________________________________________________________________________
   53  2601     6861        Ch. 665 of  2903(1)     7203          Ch. 12 of
   54  (1)                  1964, S1                              1979, S3
       S. 3353--A                         195
    1  ________________________________________________________________________
    2  2601     6862        Ch. 665 of  2903(2)     7204          Ch. 12 of
    3  (2)                  1964, S2                              1979, S4
    4  ________________________________________________________________________
    5  2701     6651        Ch. 474 of  2903(3)     7205          Ch. 12 of
    6  (1)                  1971, S1                              1979, S5
    7                       Ch. 317 of
    8                       1973, S1
    9  ________________________________________________________________________
   10  2701     6652        Ch. 474 of  2903(4)     7206          Ch. 12 of
   11  (2)                  1971                                  1979, S6
   12                       Ch. 317 of
   13                       1973, S1
   14  ________________________________________________________________________
   15  2701     6653        Ch. 474 of  2903(5)     7207          Ch. 12 of
   16  (3)                  1971, S4                              1979, S7
   17                       Ch. 475 of
   18                       1971
   19                       Ch. 317 of
   20                       1973, S1
   21  ________________________________________________________________________
   22  2701     6654        Ch. 474 of  2903(6)     7208          Ch. 12 of
   23  (4)                  1971, S5                              1979, S8
   24                       Ch. 317 of
   25                       1973, S2
   26  ________________________________________________________________________
   27  2701     6655        Ch. 474 of  2903(7)     7209          Ch. 12 of
   28  (5)                  1971                                  1979, S9
   29                       Ch. 317 of
   30                       1973, S2
   31  ________________________________________________________________________
   32  2801     7171        Ch. 651 of  2903(8)     7210          Ch. 12 of
   33                       1978, S1                              1979, S10
   34  ________________________________________________________________________
   35  2802     7172        Ch. 651 of  2903(9)     7211          Ch. 12 of
   36                       1978, S2                              1979, S11
   37  ________________________________________________________________________
   38  2803     7173        Ch. 651 of  2903(10)    7212          Ch. 12 of
   39  (1)                  1978, S3                              1979, S12
   40  ________________________________________________________________________
   41  2803     7173        Ch. 651 of  2903(10)    7213          Ch. 12 of
   42  (2)                  1978, S3                              1979, S13
   43  ________________________________________________________________________
   44  2803     7173        Ch. 651 of  2903(10)    7214          Ch. 12 of
   45  (3)                  1978, S3                              1979, S14
   46  ________________________________________________________________________
   47  2803     7174        Ch. 651 of  3001        7001          Ch. 48 of
   48  (4)                  1978, S4                              1931, S1
   49                                                             Ch. 163 of
   50                                                             1945, S1
   51  ________________________________________________________________________
   52  2803     7175        Ch. 651 of  3002        7002          Ch. 48 of
   53  (5)                  1978, S5                              1931
   54  ________________________________________________________________________
   55  2803     7176        Ch. 651 of  3003        7003          Ch. 48 of
   56  (6)                  1978, S6                              1931
       S. 3353--A                         196
    1  ________________________________________________________________________
    2  2803     7177        Ch. 651 of
    3  (7)                  1978, S7
    4  ________________________________________________________________________
    5    S  33. Severability clause. If any clause, sentence, paragraph, subdi-
    6  vision, section or part of this act shall be adjudged by  any  court  of
    7  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    8  impair, or invalidate the remainder thereof, but shall  be  confined  in
    9  its  operation  to the clause, sentence, paragraph, subdivision, section
   10  or part thereof directly involved in the controversy in which such judg-
   11  ment shall have been rendered. It is hereby declared to be the intent of
   12  the legislature that this act would  have  been  enacted  even  if  such
   13  invalid provisions had not been included herein.
   14    S  34.  This  act shall take effect upon the enactment into law by the
   15  state of New Jersey of legislation having an identical effect with  this
   16  act,  but  if  the  state  of New Jersey shall have already enacted such
   17  legislation this act shall take effect immediately. The chairman of  the
   18  port  authority  shall  notify  the legislative bill drafting commission
   19  upon the enactment into law of such legislation by both such  states  in
   20  order  that the commission may maintain an accurate and timely effective
   21  data base of the official text of the laws of the state of New  York  in
   22  furtherance  of effecting the provision of section 44 of the legislative
   23  law and section 70-b of the public officers law.