S T A T E   O F   N E W   Y O R K
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                                  3353

                       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

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

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

                                                           LBD06925-02-5

S. 3353                             2

  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:

  Section  1.  Chapter 154 of the laws of 1921, constituting the Port of
New York Authority, is REPEALED.
  S 2. Chapter 43 of the laws of 1922 relating to the development of the
port of New York is REPEALED.
  S 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
New York and New Jersey is REPEALED.
  S 4. Chapter 882 of the laws of 1953 relating to waterfront employment
and air freight industry regulation is REPEALED.
  S 5. Chapter 700 of the laws of 1927 relating to the veto power of the
governor is REPEALED.
  S 6. Chapter 48 of the laws of 1931 regulating  the  use  of  revenues
received  by  the  port of New York authority from or in connection with
the operation of terminal and transportation facilities is REPEALED.
  S 7. Chapter 553 of the laws of 1931 relating to the payment of a fair
and reasonable sum by the port authority is REPEALED.
  S 8. Chapter 876 of the laws of 1935 relating to the payment of a fair
and reasonable sum for a change in grade is REPEALED.
  S 9. Chapter 203 of the laws of 1938 relating  to  the  sale  of  real
property acquired by the port authority is REPEALED.
  S  10.  Chapter 163 of the laws of 1945 relating to motor truck termi-
nals is REPEALED.

S. 3353                             3

  S 11. Chapter 352 of the laws of 1946 relating to monies for  prelimi-
nary  studies  upon the interstate vehicular bridges known as the Outer-
bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
  S  12.  Chapter  443 of the laws of 1946 relating to the financing and
effectuating of a motor bus terminal by the port authority is REPEALED.
  S 13. Chapter 631 of the laws of 1947 relating to the  development  of
marine terminals by the port authority is REPEALED.
  S 14. Chapter 802 of the laws of 1947 relating to the financing of air
terminals by the port authority is REPEALED.
  S 15. Chapter 819 of the laws of 1947 relating to the port authority's
ability to exercise the right of eminent domain is REPEALED.
  S  16.  Chapter  301 of the laws of 1950 relating to suits against the
port authority is REPEALED.
  S 17. Chapter 774 of the laws of 1950 relating to the rules and  regu-
lations  governing  traffic  on vehicular crossings operated by the port
authority is REPEALED.
  S 18. Chapter 206 of the laws of 1951, relating to traffic regulations
for air and marine terminals, is REPEALED.
  S 19. Chapter 207 of the laws  of  1951,  relating  to  penalties  for
violation of rules and regulations, is REPEALED.
  S 20. Chapter 142 of the laws of 1953, relating to smoking regulations
for air and marine terminals, is REPEALED.
  S  21. Chapter 143 of the laws of 1953, relating to suits on leases at
International Airport, is REPEALED.
  S 22. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
is REPEALED.
  S 23. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
connections, is REPEALED.
  S 24. Chapter 638 of the laws  of  1959,  relating  to  the  purchase,
financing  and  rental of commuter railroad cars by the port of New York
authority and agreeing with the state of New Jersey with respect  there-
to, is REPEALED.
  S  25.  Chapter 209 of the laws of 1962, relating to the financing and
effectuation by the port of New York authority  of  a  port  development
project, consisting of the Hudson tubes, the Hudson tubes extensions and
a world trade center, is REPEALED.
  S 26. Chapter 665 of the laws of 1964, relating to the operation with-
in the state of New York of the Hudson tubes and the Hudson tubes exten-
sions, is REPEALED.
  S  27.  Chapter 474 of the laws of 1971, relating to the authorization
of the port of New York authority to provide access by mass  transporta-
tion facilities to air terminals, is REPEALED.
  S 28. Chapter 651 of the laws of 1978, relating to the further coordi-
nation,  facilitation,  promotion,  preservation and protection of trade
and commerce in and through the port of New York  district  through  the
financing and effectuation of industrial development projects therein by
the  port  authority  of  New York and New Jersey, and agreeing with the
state of New Jersey with respect thereto, is REPEALED.
  S 29. Chapter 12 of the laws of 1979,  relating  to  the  acquisition,
development,  financing  and transfer of buses and related facilities by
the port authority of New York and New Jersey and the utilization there-
of, is REPEALED.
  S 30. Chapter 40-A of the  consolidated  laws  is  added  to  read  as
follows:
                  CHAPTER 40-A OF THE CONSOLIDATED LAWS
                PORT AUTHORITY OF NEW YORK AND NEW JERSEY

S. 3353                             4

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

S. 3353                             5

  They  agree to and pledge, each to the other, faithful co-operation in
the future planning and development of the port of New York, holding  in
high  trust  for  the  benefit  of  the nation the special blessings and
natural advantages thereof.
  S  103.  Explanation of order of provisions. In this port authority of
New York and New  Jersey  act,  the  provisions  have  been  divided  in
descending order of application, with illustrations, as follows:
  Article I
  Section 101
  Subdivision 1.
  Paragraph (a)
  Subparagraph (1)
  Item (i)
  Clause A.
  Subitem (I)
  S  104.  Definitions.    The  following terms shall have the following
meanings unless otherwise provided:
  1. "Board" means the board of commissioners of the port  authority  of
New York and New Jersey.
  2. "Consent, approval or recommendation of municipality" means wherev-
er  the  consent,  approval  or  recommendation  of  a "municipality" is
required, the word "municipality" shall be taken to include any city  or
incorporated  village  within  the port district, and in addition in the
state of New Jersey any borough,  town,  township  or  any  municipality
governed by an improvement commission within the district. Such consent,
approval  or recommendation whenever required in the case of the city of
New York shall be deemed to have been given or made whenever  the  board
of  estimate  and  apportionment  of  said  city  or  any body hereafter
succeeding to its duties shall by a  majority  vote  pass  a  resolution
expressing  such consent, approval or recommendation; and in the case of
any municipality now or hereafter governed by a commission, whenever the
commission thereof shall by majority vote pass such a resolution; and in
all other cases whenever the body authorized to grant consent to the use
of the streets or highways of such municipality shall by a majority vote
pass such a resolution.
  3. "Facility" shall include all works, buildings,  structures,  appli-
ances   and  appurtenances  necessary  and  convenient  for  the  proper
construction, equipment, maintenance and operation of such  facility  or
facilities or any one or more of them.
  4. "To lease" shall include to rent or to hire.
  5.  "Meeting"  means  any  gathering, whether corporeal or by means of
communication equipment, which is attended by, or open  to,  the  board,
held  with  the  intent,  on  the  part of the board members present, to
discuss or act as a unit  upon  the  specific  public  business  of  the
authority. "Meeting" does not mean a gathering (a) attended by less than
an  effective  majority  of the board, or (b) attended by or open to all
the members of three or more similar public bodies at  a  convention  or
similar gathering.
  6.  "Personal  property"  shall include choses in action and all other
property now commonly or legally defined as personal property  or  which
may hereafter be so defined.
  7.  "Public  business" means matters which relate in any way, directly
or indirectly, to the performance of the functions of the port authority
of New York and New Jersey or the conduct of its business.
  8. "Railroads" shall include railways,  extensions  thereof,  tunnels,
subways,  bridges,  elevated structures, tracks, poles, wires, conduits,

S. 3353                             6

power houses, substations, lines for the  transmission  of  power,  car-
barns,   shops,   yards,  sidings,  turn-outs,  switches,  stations  and
approaches thereto, cars and motive equipment.
  9. "Real property" shall include land under water, as well as uplands,
and all property either now commonly or legally defined as real property
or which may hereafter be so defined.
  10. "Rule or regulation", until and unless otherwise determined by the
legislatures  of  both  states,  shall  mean  any rule or regulation not
inconsistent with the constitution of the United  States  or  of  either
state,  and,  subject  to the exercise of the power of congress, for the
improvement of  the  conduct  of  navigation  and  commerce  within  the
district,  and  shall  include charges, rates, rentals or tolls fixed or
established by the port authority; and  until  otherwise  determined  as
aforesaid,  shall  not  include  matters  relating  to  harbor  or river
pollution. Wherever action by the legislature of either state is  herein
referred  to,  it  shall  mean an act of the legislature duly adopted in
accordance with the provisions of this chapter.
  11. "Transportation facility" shall include railroads, steam or  elec-
tric, motor truck or other street or highway vehicles, tunnels, bridges,
boats,  ferries, car-floats, lighters, tugs, floating elevators, barges,
scows or harbor craft  of  any  kind,  air  craft  suitable  for  harbor
service,  and  every kind of transportation facility now in use or here-
after designed for use for the transportation or carriage of persons  or
property.
  12.  "Terminal facility" shall include wharves, piers, slips, ferries,
docks, dry docks,  bulkheads,  dock-walls,  basins,  car-floats,  float-
bridges,  grain  or  other  storage elevators, warehouses, cold storage,
tracks, yards, sheds, switches, connections,  overhead  appliances,  and
every  kind  of  terminal  or  storage  facility now in use or hereafter
designed for use for the handling,  storage,  loading  or  unloading  of
freight at steamship, railroad or freight terminals.
  S  105.  Port  authority  of New York and New Jersey.  There is hereby
continued "the port authority of New York and New Jersey" ("port author-
ity"), which shall be a body corporate and politic,  having  the  powers
and  jurisdiction  hereinafter enumerated, and such other and additional
powers as shall be conferred upon it by the legislature of either  state
concurred  in  by  the  legislature  of  the other, or by act or acts of
congress, as hereinafter provided.
  S 106. Port of New York district.  To that end the two states do agree
that there shall be created and they do hereby create a district  to  be
known  as  the  "port  of New York district" (hereinafter referred to as
"the district") which shall embrace the territory bounded and  described
as follows:
  The district is included within the boundary lines located by connect-
ing  points of known latitude and longitude. The approximate courses and
distances of the  lines  enclosing  the  district  are  recited  in  the
description, but the district is determined by drawing lines through the
points  of known latitude and longitude. Beginning at a point A of lati-
tude forty-one degrees and four minutes  north  and  longitude  seventy-
three  degrees and fifty-six minutes west, said point being about sixty-
five-hundredths of a mile west of the westerly bank of the Hudson  river
and  about two and one-tenth miles northwest of the pier at Piermont, in
the county of Rockland, state of New York;  thence  due  south  one  and
fifteen-hundredths miles more or less to a point B of latitude forty-one
degrees  and three minutes north and longitude seventy-three degrees and
fifty-six minutes west; said point  being  about  one  and  three-tenths

S. 3353                             7

miles  northwest  of  the  pier  at Piermont, in the county of Rockland,
state of New  York;  thence  south  fifty-six  degrees  and  thirty-four
minutes west six and twenty-six-hundredths miles more or less to a point
C  of  latitude  forty-one  degrees  and  no minutes north and longitude
seventy-four degrees and  two  minutes  west,  said  point  being  about
seven-tenths of a mile north of the railroad station at Westwood, in the
county  of Bergen, state of New Jersey; thence south sixty-eight degrees
and twenty-four minutes west nine and thirty-seven-hundredths miles more
or less to a point D of latitude forty degrees and  fifty-seven  minutes
north  and  longitude seventy-four degrees and twelve minutes west, said
point being about three miles northwest of the business  center  of  the
city  of Paterson, in the county of Passaic, state of New Jersey; thence
south forty-seven degrees and seventeen minutes west eleven and  eighty-
seven-hundredths  miles  more  or  less  to  a point E of latitude forty
degrees and fifty minutes north and longitude seventy-four  degrees  and
twenty-two  minutes  west,  said  point being about four and five-tenths
miles west of the borough of Caldwell, in the county of Morris, state of
New Jersey; thence due south nine and twenty-hundredths  miles  more  or
less  to a point F of latitude forty degrees and forty-two minutes north
and longitude seventy-four degrees and  twenty-two  minutes  west,  said
point  being  about  one and two-tenths miles southwest of the passenger
station of the Delaware, Lackawanna and Western railroad in the city  of
Summit,  in  the  county  of  Union,  state  of New Jersey; thence south
forty-two degrees and twenty-four minutes west, seven and seventy-eight-
hundredths miles more or less to a point G of latitude forty degrees and
thirty-seven minutes north and longitude seventy-four degrees and  twen-
ty-eight  minutes  west, said point being about two and two-tenths miles
west of the business center of the city of Plainfield, in the county  of
Somerset,  state  of New Jersey; thence due south twelve and sixty-five-
hundredths miles more or less on a line passing about one mile  west  of
the  business  center of the city of New Brunswick to a point H of lati-
tude forty degrees and twenty-six minutes north and  longitude  seventy-
four  degrees and twenty-eight minutes west, said point being about four
and five-tenths miles southwest of the city of  New  Brunswick,  in  the
county  of  Middlesex,  state  of New Jersey; thence south seventy-seven
degrees and forty-two minutes east ten and seventy-nine-hundredths miles
more or less to a point I of  latitude  forty  degrees  and  twenty-four
minutes  north  and  longitude  seventy-four degrees and sixteen minutes
west, said point being about two miles southwest of the borough of Mata-
wan, in the county of Middlesex, state of New Jersey;  thence  due  east
twenty-five  and forty-eight-hundredths miles more or less, crossing the
county of Monmouth, state of New Jersey, and passing about one and four-
tenths miles south of the pier of the Central Railroad of New Jersey  at
Atlantic  Highlands  to  a point J of latitude forty degrees and twenty-
four minutes north and longitude seventy-three degrees  and  forty-seven
minutes west, said point being in the Atlantic ocean; thence north elev-
en  degrees  fifty-eight  minutes east twenty-one and sixteen-hundredths
miles more or less to a point K, said point being about five miles  east
of  the  passenger  station  of  the Long Island railroad at Jamaica and
about one and three-tenths miles east of the boundary line of  the  city
of  New  York,  in  the county of Nassau, state of New York; thence in a
northeasterly direction passing about one-half mile  west  of  New  Hyde
Park  and  about  one and one-tenth miles east of the shore of Manhasset
bay at Port Washington, crossing Long Island sound to a  point  L,  said
point  being  the point of intersection of the boundary line between the
states of New York and Connecticut and  the  meridian  of  seventy-three

S. 3353                             8

degrees,  thirty-nine  minutes  and  thirty seconds west longitude, said
point being also about a mile northeast of the village of Port  Chester;
thence  northwesterly  along the boundary line between the states of New
York  and Connecticut to a point M, said point being the point of inter-
section between said boundary line between the states of  New  York  and
Connecticut and the parallel of forty-one degrees and four minutes north
latitude,  said point also being about four and five-tenths miles north-
east of the business center of the city of White Plains; thence due west
along said parallel, of forty-one degrees and four minutes  north  lati-
tude,  the  line passing about two and one-half miles north of the busi-
ness center of the city of White Plains and crossing the Hudson river to
the point A, the place of beginning.
  The boundaries of said district may be changed from time  to  time  by
the action of the legislature of either state concurred in by the legis-
lature of the other.
  S  107. Commissioners.   1. The port authority shall consist of twelve
commissioners, six resident voters from the state of New York, at  least
four  of  whom shall be resident voters of the city of New York, and six
resident voters from the state of New Jersey,  at  least  four  of  whom
shall  be resident voters within the New Jersey portion of the district,
the New York members to be chosen by the state of New York and  the  New
Jersey  members  by  the  state  of New Jersey in the manner and for the
terms fixed and determined from time to time by the legislature of  each
state  respectively, except as herein provided. Each commissioner may be
removed or suspended from office as provided by the  law  of  the  state
from which he or she shall be appointed.
  2. The commissioners shall, for the purpose of doing business, consti-
tute a board and may adopt suitable by-laws for its management.
  3. The port authority shall elect a chair, vice-chair, and may appoint
such officers and employees as it may require for the performance of its
duties, and shall fix and determine their qualifications and duties.
  4. If by death, resignation or otherwise, a vacancy occurs among those
appointed  hereunder  by  the  state of New York, the governor is hereby
authorized to fill the same.
  5. The commissioners appointed from the state of  New  York,  together
with  the  commissioners  appointed  from the state of New Jersey, shall
have power to apply to the congress of the United States for its consent
and approval of the agreement or compact signed  by  them;  but  in  the
absence  of  such consent of congress and until the same shall have been
secured, the said agreement or compact shall be binding upon  the  state
of  New  York in all respects permitted by law for the two states of New
York and New Jersey without the consent of congress to  co-operate,  for
the  purposes enumerated in said agreement or compact, and in the manner
provided herein.
  S 108. Power of the port authority.    1.  The  port  authority  shall
constitute  a  body,  both  corporate  and  politic, with full power and
authority to purchase, construct, lease and/or operate any  terminal  or
transportation  facility  within  said district; and to make charges for
the use thereof: and for any of such purposes to own, hold, lease and/or
operate real or personal property, to borrow money and secure  the  same
by  bonds or by mortgages upon any property held or to be held by it. No
property now or hereafter vested in or held by either state, or  by  any
county, city, borough, village, township or other municipality, shall be
taken  by  the  port authority, without the authority or consent of such
state, county, city, borough, village, township or  other  municipality,
nor  shall  anything  herein  impair or invalidate in any way any bonded

S. 3353                             9

indebtedness of such state, county, city, borough, village, township  or
other  municipality,  nor  impair  the  provisions of law regulating the
payment into sinking funds of revenues derived from municipal  property,
or  dedicating  the  revenues  derived  from any municipal property to a
specific purpose.
  2. The powers granted in this article shall not be  exercised  by  the
port authority until the legislatures of both states shall have approved
of  a  comprehensive plan for the development of the port as hereinafter
provided.
  3. The port authority shall have such additional powers and duties  as
may  hereafter  be  delegated to or imposed upon it from time to time by
the action of the legislature of either state concurred in by the legis-
lature of the other. Unless and until otherwise provided, it shall  make
an  annual  report  to  the legislature of both states, setting forth in
detail the operations and transactions conducted by it pursuant to  this
agreement  and  any legislation thereunder. The port authority shall not
pledge the credit of either state except by and with  the  authority  of
the legislature thereof.
  S  109.  Public meetings.   1. The legislature finds and declares that
the right of the public to be present at meetings of the port  authority
of  New York and New Jersey, and to witness in full detail all phases of
the deliberation, policy formulation, and decision making of the author-
ity, is vital to the enhancement and proper functioning of the democrat-
ic process, and that secrecy in public affairs undermines the  faith  of
the  public  in  government and the public's effectiveness in fulfilling
its role in a democratic society; and declares it to be the public poli-
cy of this state to insure the right of its citizens  to  have  adequate
advance  notice of and the right to attend all meetings of the authority
at which any business affecting the public is discussed or acted upon in
any way except only in those circumstances where  otherwise  the  public
interest  would be clearly endangered or the personal privacy of guaran-
teed rights of individuals would be clearly  in  danger  of  unwarranted
invasion.
  2.  The  board  shall adopt and promulgate appropriate rules and regu-
lations concerning the right of the public to be present at meetings  of
the  authority.  The  board may incorporate in its rules and regulations
conditions under which it may exclude the public from  a  meeting  or  a
portion thereof.
  3.  Any  rules or regulations adopted hereunder shall become a part of
the minutes of the port authority of New York and New Jersey  and  shall
be  subject to the approval of the governor of New Jersey and the gover-
nor of New York.
  4. Unless and until otherwise determined by the action of the legisla-
tures of the two states, no action of the port authority shall be  bind-
ing  unless  taken  at  a meeting at which at least three of the members
from each state are present, and unless a majority of the  members  from
each  state  present  at such meeting but in any event at least three of
the members from each state, shall vote in  favor  thereof.  Each  state
reserves the right to provide by law for the exercise of a veto power by
the governor thereof over any action of any commissioner appointed ther-
efrom.
  S  110.  Minutes of public meetings.  1. The port authority shall file
with the temporary president and minority leader of the senate  and  the
speaker  and minority leader of the assembly, the chairman of the assem-
bly ways and means committee and the  chairman  of  the  senate  finance
committee  of  the  state of New York and the president, minority leader

S. 3353                            10

and secretary of the senate and the speaker, minority leader  and  clerk
of the general assembly of the state of New Jersey a copy of the minutes
of  any  action  taken at any public meeting of the port authority. Such
filing shall be made on the same day such minutes are transmitted to the
governor  of  each  state for review; and notice of such filing shall be
provided to the governor of each state at  the  same  time.  Failure  to
effectuate any such filing shall not impair the ability of the authority
to  act  pursuant  to  a  resolution of its board. Such filing shall not
apply to any minutes required to be filed pursuant to section twenty  of
chapter  six  hundred fifty-one of the laws of nineteen hundred seventy-
eight and continued by article XXVIII of this chapter.
  2. The temporary president and minority  leader  of  the  senate,  the
speaker  and minority leader of the assembly, the chairman of the assem-
bly ways and means committee and the  chairman  of  the  senate  finance
committee  of  the state of New York and the speaker and minority leader
of the general assembly and the president and the minority leader of the
senate of the state of New Jersey, or representatives designated by them
in writing for this purpose, may by certificate filed with the secretary
of the port  authority  waive  the  foregoing  filing  requirement  with
respect to any specific minutes.
  S  111.  Jurisdiction.   Unless and until otherwise provided, all laws
now or hereafter vesting jurisdiction or control in the  public  service
commission,  or  the  public  utilities commission, or like body, within
each state respectively, shall apply to railroads and to any transporta-
tion, terminal or other facility owned, operated, leased or  constructed
by  the  port authority, with the same force and effect as if such rail-
road, or transportation, terminal or other facility were owned,  leased,
operated or constructed by a private corporation.
  S  112.  Powers  of  municipalities  to  develop or improve.   Nothing
contained in this agreement shall impair the powers of any  municipality
to develop or improve port and terminal facilities.
  S  113.  Comprehensive  development.    1. The legislatures of the two
states, prior to the signing of this agreement, or thereafter as soon as
may be practicable, will adopt a plan or  plans  for  the  comprehensive
development of the port of New York.
  2.  The  port  authority  shall  from  time to time make plans for the
development of the port of New York district, supplementary to or  amen-
datory  of  any  plan  theretofore adopted, and when such plans are duly
approved by the legislatures of the two states, they  shall  be  binding
upon  both  states  with the same force and effect as if incorporated in
this act.
  3. The port authority may petition any interstate commerce  commission
(or like body), commissioner of transportation, public utilities commis-
sion  (or  like  body),  or any other federal, municipal, state or local
authority, administrative, judicial or legislative, having  jurisdiction
in  the  premises,  after  the  adoption  of  the  comprehensive plan as
provided for in subdivision one of this section, for  the  adoption  and
execution  of any physical improvement, change in method, rate of trans-
portation, system of handling freight, warehousing, docking,  lightering
or transfer of freight, which, in the opinion of the port authority, may
be designed to improve or better the handling of commerce in and through
the  port  of  New York district, or improve terminal and transportation
facilities therein. It may intervene in  any  proceeding  affecting  the
commerce of the port.
  S 114. Recommendations.  The port authority may from time to time make
recommendations to the legislatures of the two states or to the congress

S. 3353                            11

of  the  United  States,  based  upon study and analysis, for the better
conduct of the commerce passing in and through the port of New York, the
increase and improvement of transportation and terminal facilities ther-
ein, and the more economical and expeditious handling of such commerce.
  S  115.  Expense of operations.  1. Unless and until the revenues from
operations conducted by the port authority  are  adequate  to  meet  all
expenditures,  the  legislatures of the two states shall appropriate, in
equal amounts, annually, for the salaries, office and other  administra-
tive  expenses,  such  sum  or  sums as shall be recommended by the port
authority and approved by the governors of  the  two  states,  but  each
state obligates itself hereunder only to the extent of one hundred thou-
sand dollars in any one year.
  2. Unless and until otherwise determined by the action of the legisla-
tures  of  the  two states, the port authority shall not incur any obli-
gations for salaries, office or other  administrative  expenses,  within
the  provisions  of subdivision one of this section, prior to the making
of appropriations adequate to meet the same.
  S 115-a. Records of  the  port  authority.    1.  Notwithstanding  any
provision  to  the  contrary, the records of the port authority shall be
open to the public in accordance with the laws of New York,  articles  6
and 6-A of the public officers law, and New Jersey, P.L. 1963, c. 73 (C.
47:1A-1 et seq.), pertaining to the disclosure of government records.
  2.  When there is an inconsistency between the law of the state of New
York and the law of the state of New Jersey, the law of the  state  that
provided  the  greatest rights of access on the date that the chapter of
the laws of 2015 that added this section became a law shall apply.
  3. The provisions of article 78 of the civil practice law and rules of
the state of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.),  of  the
laws of New Jersey, as applicable, shall apply to enforce the provisions
of this article.
  S  115-b. Port authority as an agency.  Notwithstanding any law to the
contrary, the port authority shall be deemed an "agency" and treated  as
such under the laws of New York, for all purposes under articles six and
six-A  of the public officers law, and shall be deemed a "public agency"
and treated as such under New Jersey, P.L. 1963,  c.  73  (C.47:1A-1  et
seq.), pertaining to the disclosure of government records.
  S 116. Notice of claim.  Notwithstanding any other provision of law to
the contrary, every action against the authority for damages or injuries
to  real  or  personal  property, or for the destruction thereof, or for
personal injuries or wrongful death shall  not  be  commenced  unless  a
notice  of  claim  shall have been served on the authority in the manner
provided for in the state where the action is commenced, and in  compli-
ance  with  the  pertinent  statutes  of the state relating generally to
actions commenced against that state and  in  compliance  with  all  the
requirements  of  the laws of that state. Where such state's law permits
service upon a department of that state in  lieu  of  service  upon  the
public  entity,  service  may be made pursuant to such law. Except in an
action for wrongful death against such an entity, an action for  damages
or  for  injuries  to  real or personal property, or for the destruction
thereof, or for personal injuries, alleged to have been sustained, shall
not be commenced more than one year and ninety days after the  cause  of
action  therefor  shall have accrued or within the time period otherwise
prescribed by any special provision of law of that state,  whichever  is
longer.
  S  117.  Regulations.    1. The port authority is hereby authorized to
make suitable rules and regulations not inconsistent with the  constitu-

S. 3353                            12

tion  of  the United States or of either state, and subject to the exer-
cise of the power of congress, for the improvement  of  the  conduct  of
navigation  and  commerce, which, when concurred in or authorized by the
legislatures  of  both  states,  shall be binding and effective upon all
persons and corporations affected thereby.
  2. The two states shall provide penalties for violations of any order,
rule or regulation of the port authority, and for the manner of  enforc-
ing the same.
                               ARTICLE II
                   DEVELOPMENT OF THE PORT OF NEW YORK
Section 201. Development of the port of New York.
        202. Investigations.
        203. Hearings.
        204. Orders.
        205. Terminal stations.
        206. Preference.
  S  201.  Development of the port of New York.  1. Pursuant to subdivi-
sion two of section one hundred eight of this chapter the  following  be
and  is  hereby adopted as the comprehensive plan for the development of
the port of New York:
  (a) That terminal operations within  the  port  district,  so  far  as
economically practicable, should be unified;
  (b)  That there should be consolidation of shipments at proper classi-
fication points so as to eliminate duplication  of  effort,  inefficient
loading of equipment and realize reduction in expenses;
  (c) That there should be the most direct routing of all commodities so
as  to avoid centers of congestion, conflicting currents and long truck-
hauls;
  (d) That terminal stations established under  the  comprehensive  plan
should be union stations, so far as practicable;
  (e) That the process of coordinating facilities should so far as prac-
ticable  adapt  existing facilities as integral parts of the new system,
so as to avoid needless destruction of existing capital  investment  and
reduce  so  far as may be possible the requirements for new capital; and
endeavor should be made to obtain the consent  of  local  municipalities
within  the  port  district  for  the  coordination of their present and
contemplated port and terminal facilities with the whole plan.
  (f) That freight from all railroads must be brought to  all  parts  of
the  port  wherever  practicable  without  cars  breaking bulk, and this
necessitates tunnel connection between New Jersey and Long  Island,  and
tunnel or bridge connections between other parts of the port;
  (g)  That  there should be urged upon the federal authorities improve-
ment of channels so as to  give  access  for  that  type  of  waterborne
commerce  adapted  to the various forms of development which the respec-
tive shorefronts and adjacent lands of the port would  best  lend  them-
selves to;
  (h)  That highways for motor truck traffic should be laid out so as to
permit the most efficient inter-relation between  terminals,  piers  and
industrial establishments not equipped with railroad sidings and for the
distribution of building materials and many other commodities which must
be  handled  by  trucks;  these  highways  to  connect  with existing or
projected bridges, tunnels and ferries.
  (i) That definite methods for prompt relief should  be  devised  which
can  be  applied  for  the better coordination and operation of existing
facilities while larger and more comprehensive plans for future develop-
ment are being carried out.

S. 3353                            13

  2. The bridges, tunnels and belt lines forming the comprehensive  plan
are  generally and in outline indicated on maps filed by the port of New
York authority in the offices of the secretaries of the  states  of  New
York and New Jersey and are hereinafter described in outline.
  3.  (a)  A  tunnel  or tunnels connecting the New Jersey shore and the
Brooklyn shore of New York to provide through  line  connection  between
the  transcontinental railroads now having their terminals in New Jersey
with the Long Island railroad and the New York  connecting  railroad  on
Long  Island and with the New York Central and Hudson River railroad and
the New York, New Haven and Hartford  railroad  in  the  Bronx,  and  to
provide  continuous transportation of freight between the Queens, Brook-
lyn and Bronx sections of the port to and from all parts of the westerly
section of the port, for all of the transcontinental railroads.
  (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
existing bridge enlarged, to provide direct freight carriage between New
Jersey and Staten Island.
  (c) The location of all such tunnels or bridges to be at the shortest,
most accessible and most economical points practicable,  taking  account
of  existing facilities now located within the port district and provid-
ing for and taking account of all reasonably foreseeable  future  growth
in all parts of the district.
  4.  The  island of Manhattan to be connected with New Jersey by bridge
or tunnel, or both, and freight destined to and  from  Manhattan  to  be
carried  underground,  so  far as practicable, by such system, automatic
electric as hereinafter described or otherwise, as will furnish the most
expeditious, economical and practicable transportation of freight, espe-
cially meat, produce, milk and other commodities  comprising  the  daily
needs  of  the  people. Suitable markets, union inland terminal stations
and warehouses to be laid out at points most convenient to the homes and
industries upon the island, the said system to be connected with all the
trans-continental railroads terminating in New Jersey and by appropriate
connection with the New York Central and Hudson River railroad, the  New
York, New Haven and Hartford and the Long Island railroads.
  5. The numbers hereinafter used correspond with the numbers which have
been placed on the map of the comprehensive plan to identify the various
belt lines and marginal railroads.
  (a)  Number 1. Middle belt line. Connects New Jersey and Staten Island
and the railroads on the  westerly  side  of  the  port  with  Brooklyn,
Queens,  the  Bronx  and the railroads on the easterly side of the port.
Connects with the New York Central railroad in the Bronx; with  the  New
York, New Haven and Hartford railroad in the Bronx; with the Long Island
railroad  in  Queens  and Brooklyn; with the Baltimore and Ohio railroad
near Elizabethport and in  Staten  Island;  with  the  Central  Railroad
Company  of  New  Jersey  at  Elizabethport  and at points in Newark and
Jersey City; with the Pennsylvania railroad in Newark and  Jersey  City;
with  the  Lehigh  Valley  railroad  in Newark and Jersey City; with the
Delaware, Lackawanna and Western railroad in Jersey City and the  Secau-
cus  meadows;  with  the  Erie  railroad in Jersey City and the Secaucus
meadows; with the New York,  Susquehanna  and  Western,  the  New  York,
Ontario and Western and the West Shore railroads on the westerly side of
the Palisades above the Weehawken tunnel.
  The  route  of the middle belt line as shown on said map is in general
as follows: Commencing at the Hudson river  at  Spuyten  Duyvil  running
easterly  and  southerly generally along the easterly side of the Harlem
river, utilizing existing lines so far as practicable and improving  and
adding  where  necessary,  to a connection with Hell Gate bridge and the

S. 3353                            14

New Haven railroad, a distance  of  approximately  seven  miles;  thence
continuing  in  a  general southerly direction, utilizing existing lines
and improving and adding where necessary, to a point near Bay  Ridge,  a
distance  of  approximately eighteen and one-half miles; thence by a new
tunnel under New York bay in a northwesterly direction to  a  portal  in
Jersey  City  or  Bayonne,  a distance of approximately five miles, to a
connection with the tracks of the Pennsylvania and Lehigh  Valley  rail-
roads; thence in a generally northerly direction along the easterly side
of Newark bay and the Hackensack river at the westerly foot of the Pali-
sades,  utilizing  existing tracks and improving and adding where neces-
sary, making connections with the Jersey Central,  Pennsylvania,  Lehigh
Valley,  Delaware,  Lackawanna  and Western, Erie, New York, Susquehanna
and Western, New York, Ontario and Western, and West Shore railroads,  a
distance of approximately ten miles. From the westerly portal of the Bay
tunnel  and  from  the line along the easterly side of Newark bay by the
bridges of the Central railroad of New Jersey (crossing  the  Hackensack
and  Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads
(crossing Newark bay) to the line of the central railroad of New  Jersey
running along the westerly side of Newark bay and thence southerly along
this  line to a connection with the Baltimore and Ohio railroad south of
Elizabethport, utilizing  existing  lines  so  far  as  practicable  and
improving and adding where necessary, a distance of approximately twelve
miles; thence in an easterly direction crossing the Arthur kill, utiliz-
ing  existing lines so far as practicable and improving and adding where
necessary, along the northerly and easterly shores of Staten  Island  to
the  new city piers and to a connection, if the city of New York consent
thereto, with the tunnel under the  Narrows  to  Brooklyn  provided  for
under  chapter  seven  hundred  of the laws of the state of New York for
nineteen hundred and twenty-one.
  (b) Number 2. A marginal railroad to the  Bronx  extending  along  the
shore of the East river and Westchester creek connecting with the middle
belt  line  (number  one), and with the New York, New Haven and Hartford
railroad in the vicinity of Westchester.
  (c) Number 3. A marginal railroad in  Queens  and  Brooklyn  extending
along  Flushing  creek,  Flushing  bay, the East river and the upper New
York bay.  Connects with the middle belt line  (number  one),  by  lines
number  four,  number five, number six and directly at the southerly end
at Bay Ridge.  Existing lines to be utilized and improved and  added  to
and new lines built where lines do not now exist.
  (d)  Number  4.  An  existing  line  to be improved and added to where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three near its northeasterly end.
  (e) Number 5. An existing line to  be  improved  and  added  to  where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three in Long Island City.
  (f)  Number  6.  Connects  the middle belt line (number one), with the
marginal railroad number three in the Greenpoint  section  of  Brooklyn.
The existing portion to be improved and added to where necessary.
  (g)  Number  7.  A  marginal  railroad  surrounding  the northerly and
westerly shores of Jamaica bay. A new line.  Connects  with  the  middle
belt line (number one).
  (h)  Number  8.  An  existing  line, to be improved and added to where
necessary. Extends along  the  southeasterly  shore  of  Staten  Island.
Connects with middle belt line (number one).
  (i)  Number  9. A marginal railroad extending along the westerly shore
of Staten Island and a branch connection  with  number  eight.  Connects

S. 3353                            15

with the middle belt line (number one), and with a branch from the outer
belt line (number fifteen).
  (j) Number 10. A line made up mainly of existing lines, to be improved
and added to where necessary. Connects with the middle belt line (number
one) by way of marginal railroad number eleven. Extends along the south-
erly shore of Raritan bay and through the territory south of the Raritan
river reaching New Brunswick.
  (k)  Number  11.  A marginal railroad extending from a connection with
the proposed outer belt line (number fifteen) near New  Brunswick  along
the northerly shore of the Raritan river to Perth Amboy, thence norther-
ly  along  the westerly side of the Arthur kill to a connection with the
middle belt line (number one) south of  Elizabethport.  The  portion  of
this line which exists to be improved and added to where necessary.
  (l)  Number 12. A marginal railroad extending along the easterly shore
of Newark bay and the Hackensack river and connects with the middle belt
line (number one). A new line.
  (m) Number 13. A marginal railroad extending along the  westerly  side
of the Hudson river and the Upper New York bay. Made up mainly of exist-
ing  lines----the  Erie  Terminals,  Jersey Junction, Hoboken Shore, and
National Docks railroads. To be improved and added to  where  necessary.
To be connected with middle belt line (number one).
  (n)  Number  14.  A  marginal railroad connecting with the middle belt
line (number one), and extending through  the  Hackensack  and  Secaucus
meadows.
  (o)  Number  15.  An  outer  belt  line, extending around the westerly
limits of the port district  beyond  the  congested  section.  Northerly
terminus on the Hudson river at Piermont. Connects by marginal railroads
at the southerly end with the harbor waters below the congested section.
By spurs connects with the middle belt line (number one) on the westerly
shore of Newark bay and with the marginal railroad on the westerly shore
of Staten Island (number nine).
  (p)  Number  16.  The  automatic electric system for serving Manhattan
Island.  Its yards to connect with the middle belt line and with all the
railroads of the port district. A standard  gauge  underground  railroad
deep  enough  in  Manhattan  to  permit  of  two levels of rapid transit
subways to pass over it. Standard railroad cars to be brought through to
Manhattan terminals for perishables and food  products  in  refrigerator
cars.  Cars with merchandise freight to be stopped at its yards. Freight
from  standard cars to be transferred onto wheeled containers, thence to
special electrically propelled cars which will  bear  it  to  Manhattan.
Freight  to  be  kept on wheels between the door of the standard freight
car at the transfer point and the tail board of the truck at the Manhat-
tan terminal or the store door as may  be  elected  by  the  shipper  or
consignee, eliminating extra handling.
  Union  terminal stations to be located on Manhattan in zones as far as
practicable of equal trucking distance, as to pickups and deliveries, to
be served by this system. Terminals to contain storage space  and  space
for  other facilities. The system to bring all the railroads of the port
to Manhattan.
  6. The determination of the exact location, system  and  character  of
each  of  the said tunnels, bridges, belt lines, approaches, classifica-
tion yards, warehouses, terminals or other improvements shall be made by
the port authority after public  hearings  and  further  study,  but  in
general the location thereof shall be as indicated upon said map, and as
herein described.

S. 3353                            16

  7.  The  right  to  add to, modify or change any part of the foregoing
comprehensive plan is reserved by each state, with  the  concurrence  of
the other.
  8. The port of New York authority is hereby authorized and directed to
proceed  with the development of the port of New York in accordance with
said comprehensive plan as rapidly as may  be  economically  practicable
and  is  hereby  vested  with  all  necessary and appropriate powers not
inconsistent with the constitution of the United  States  or  of  either
state, to effectuate the same, except the power to levy taxes or assess-
ments.  It  shall request the congress of the United States to make such
appropriations for deepening and widening  channels  and  to  make  such
grants of power as will enable the said plan to be effectuated. It shall
have  power  to  apply to all federal agencies, including the interstate
commerce commission, the war department, and the United States  shipping
board, for suitable assistance in carrying out said plan. It shall coop-
erate  with  the state highway commissioners of each state so that trunk
line highways as and when laid out by each state shall fit in with  said
comprehensive  plan. It shall render such advice, suggestion and assist-
ance to all municipal officials as will permit all local  and  municipal
port and harbor improvements, so far as practicable, to fit in with said
plan.  All  municipalities within the district are hereby authorized and
empowered to cooperate in the effectuation of said plan, and are  hereby
vested with such powers as may be appropriate or necessary so to cooper-
ate. The bonds or other securities issued by the port authority shall at
all  times  be  free  from taxation by either state.  The port authority
shall be regarded as the municipal corporate instrumentality of the  two
states  for  the  purpose  of  developing  the port and effectuating the
pledge of the states in the said compact, but it shall have no power  to
pledge  the  credit  of  either  state  or to impose any obligation upon
either state, or upon any municipality, except as and when such power is
expressly granted by statute, or the consent by any such municipality is
given.
  S 202. Investigations.  1. (a) To facilitate the determination of  the
economic practicability of any step in the comprehensive plan, or of any
other  fact  or  matter  which  the  port  authority  is  authorized and
empowered to decide or determine, the port authority may conduct  inves-
tigations,  inquiries  or  hearings  at such place or places and at such
times as it shall appoint.  Such investigations, inquiries  or  hearings
may  be  held  by or before one or more of the commissioners of the port
authority, or by or before any person or persons appointed as its repre-
sentative, and when ratified, approved or confirmed by the port authori-
ty on its action shall be and be deemed to be the investigation, inquiry
or hearing of the port authority.
  (b) For the purpose of such investigations, inquiries or hearings, and
of such other action or powers as the port authority may  be  authorized
or  empowered to take or exercise, it shall have jurisdiction of any and
all persons, associations, or corporations, residing in,  or  acting  or
existing under or by virtue of the laws of, or owning property or coming
within this state.
  2. The port authority shall have the power to compel the attendance of
witnesses  and  the  production of any papers, books or other documents,
and to administer oaths to all witnesses who may be  called  before  it.
Subpoenas issued by the port authority shall be signed by a commissioner
or  by the secretary of the port authority. No witness subpoenaed at the
instance of parties other than the port authority shall be  entitled  to
compensation  therefrom  for  attendance or travel, but the cost thereof

S. 3353                            17

shall be borne by the party at whose instance the witness  is  summoned,
unless the port authority otherwise orders. A subpoena issued under this
section shall be regulated by the civil practice law and rules.
  S 203. Hearings.  1. All hearings before the port authority, including
the  taking  of  testimony, shall be governed by rules to be adopted and
prescribed by it.
  2. In any investigation, inquiry or hearing before the port authority,
a commissioner or an officer conducting the  investigation,  inquiry  or
hearing may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law.
  3. No commissioner or employee of the port authority shall be required
to give testimony in any civil suit to which the port authority is not a
party with regard to information obtained by him in the discharge of his
or her official duty.
  S  204. Orders.   1. Every order of the port authority shall be served
upon every person, association or corporation to  be  affected  thereby,
either by personal delivery of a certified copy thereof, or by mailing a
certified copy thereof, in a sealed package with postage prepaid, to the
person  to  be  affected thereby; or in the case of a corporation to any
officer or agent thereof upon whom a summons  might  be  served,  either
within  or  without  the  state, in accordance with law. It shall be the
duty of every person, association or corporation,  to  notify  the  port
authority forthwith, in writing, of the receipt of the certified copy of
every  order  so served, and in the case of a corporation such notifica-
tion must be signed and acknowledged by a person or officer duly author-
ized by the corporation to admit such service. Within a  time  specified
in  the  order of the port authority, such person, association or corpo-
ration, upon whom it is served, must, if so required in the order, noti-
fy the port authority in like manner whether the terms of the order  are
accepted  and  will  be  obeyed. Every order of the port authority shall
take effect at a time therein specified  and  shall  continue  in  force
either for a period which may be designated therein, or until changed or
abrogated  by  the  port authority, unless such order be unauthorized by
law, or be in violation of a provision of the constitution of the state,
or of the United States.
  2. No order staying or suspending an order of the port authority shall
be made by any court otherwise than upon notice and after  hearing,  and
if  the  order  of the port authority is suspended, the order suspending
the same shall contain a specific finding based upon evidence  submitted
to the court and identified by reference thereto that great and irrepar-
able  damage would otherwise result to the petitioner and specifying the
nature of the damage.
  3. (a) Whenever the port authority shall be of the  opinion  that  any
person,  association or corporation subject to its jurisdiction is fail-
ing or omitting, or about to fail or omit to do anything required of  it
by  the laws governing the development and regulation of the port of New
York, or by its order, or is doing  or  is  about  to  do  anything,  or
permitting,  or  about  to permit anything to be done contrary to, or in
violation of, such law or orders, it shall direct  its  legal  represen-
tative  to  commence  an  action  or  proceeding in the name of the port
authority, in an appropriate court having jurisdiction, for the  purpose
of  having  such  violations,  or  threatened  violations,  stopped  and
prevented either by mandamus or injunction. Such an action or proceeding
may be brought in the supreme court of this state, and  the  said  court
shall  have  and is hereby given the necessary and appropriate jurisdic-

S. 3353                            18

tion to grant mandamus or injunction, as the case may  require,  or  any
other relief appropriate to the case.
  (b)  Failure  of such person, association or corporation to notify the
port authority, as required in the preceding section, of its  acceptance
of  and willingness to obey any order of the port authority shall be and
be deemed to be prima facie  proof  that  such  person,  association  or
corporation  is  guilty  of such violation, or threatened violation. The
legal representative of the port authority shall begin  such  action  or
proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
violation complained of and praying for appropriate  relief  by  way  of
mandamus  or  injunction. If the petition is directed to a court of this
state, it shall thereupon be the duty of the court to specify the  time,
not  exceeding  twenty days after the service of a copy of the petition,
within which the person, association or corporation complained  of  must
answer  the petition. In case of default in answer, or after answer, the
court shall immediately inquire into the  facts  and  circumstances,  in
such manner as the court shall direct, without other or formal pleadings
and  without  respect  to any technical requirement. Such other persons,
associations or corporations as the court shall deem necessary or proper
to join as parties, in order to make its order, judgment or writs effec-
tive, may be joined as parties upon application of the  legal  represen-
tative  of  the port authority. The final judgment in any such action or
proceeding shall either dismiss the action or proceeding, or direct that
a writ of mandamus, or an injunction, or both, issue as  prayed  for  in
the  petition, or in such modified or other form as the court may deter-
mine will afford the appropriate relief.
  4. (a) Whenever the port authority, after opportunity to  the  parties
affected or to be affected thereby to be heard, shall determine any fact
or  matter  which  it  is authorized by any law to hear or determine, or
that any step in the effectuation of the comprehensive plan is or in the
near future will be economically practicable, it shall make its findings
in writing, setting forth its reasons therefor, and such findings  shall
be  and be deemed to be a determination by the port authority, under and
pursuant to law. Upon such determination an  appropriate  order  may  be
entered  by the port authority and be made effective and may be enforced
as herein provided.
  (b) If such findings or determination shall require the use of  exist-
ing  facilities or any part thereof described in the law, owned or oper-
ated by any carrier or carriers, then the port authority may  order  and
require the carrier or carriers owning or operating said railroad facil-
ities or part thereof to permit the use of such facilities or part ther-
eof upon the payment of reasonable compensation therefor. If the carrier
or  carriers affected or to be affected by such order shall not be able,
within the time to be specified in its order by the port  authority,  to
agree  among  themselves upon the compensation to be paid by a user to a
proprietor or operator for the use of such existing facilities  or  part
thereof,  then the port authority shall make determination of the amount
to be paid by the user to the proprietary carrier  or  carriers,  taking
all  the  facts and circumstances into account, including the public use
to which such facilities have been put; or,  at  its  option,  the  port
authority  may  apply  to  the  supreme court of this state, either in a
separate proceeding or in  proceedings  by  mandamus  or  injunction  to
enforce  its order, to fix and determine the fair and reasonable compen-
sation to be paid by the user to the proprietary carrier or carriers for
such use. If any carrier shall be dissatisfied with the findings of  the
port  authority in the matter of the compensation to be paid for the use

S. 3353                            19

of any existing facility, it shall have the right to review the same  in
the  supreme  court  of this state by taking appropriate proceedings for
such review within sixty days from the service of the order of the  port
authority, but pending such review the order for the use of such facili-
ties  shall  be  operative, the determination of the compensation by the
court to relate back to the time  of  the  commencement  of  such  user,
unless  the court shall for good and proper reasons enjoin the operation
of such order.
  S 205. Terminal stations.  If, in the determination of steps to effec-
tuate the comprehensive plan, the port authority  shall  determine  that
one  or  more  union  terminal stations are then, or in the near future,
economically practicable, it shall call a conference of all the carriers
affected or to be affected by the  use  of  such  terminal  stations  or
station  and  shall submit to them a plan or plans for the construction,
maintenance and use thereof.  If the carriers or any of them shall  fail
or  refuse  to  agree  upon such plan, the port authority shall make and
certify its findings and conclusions to the supreme court of this state,
and the said court is vested with appropriate and adequate  jurisdiction
to  determine  whether  or not such plan or plans for a union station or
stations effectuate the comprehensive plan, and to make such  conditions
and  impose such terms as will carry out the same in accordance with the
principles embraced in the comprehensive plan and the laws governing the
same.
  S 206. Preference.   All actions and proceedings  to  which  the  port
authority may be a party and in which any question arises under the laws
relating to the port authority, or under or concerning any of its orders
or  actions,  shall  be  preferred  over  all other civil causes, except
election causes, in all courts of this state  and  shall  be  heard  and
determined  in  preference  to all other civil business pending therein,
except election causes, irrespective of position on  the  calendar.  The
same preference shall be granted upon application of the legal represen-
tative of the port authority, in any action or proceeding in which he or
she may be allowed to intervene.
                               ARTICLE III
             BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY
Section 301. Legislative intent.
        302. Tunnels.
        303. Bridges.
        304. Studies and reporting.
        305. Inspections.
        306. Construction, maintenance and operation.
        307. Rules and regulations relating to tunnels and bridges.
        308. Bonds.
        309. Compact.
  S  301.  Legislative  intent.   The state of New Jersey by appropriate
legislation concurring herein, the states of New  York  and  New  Jersey
hereby  declare  and  agree that the vehicular traffic moving across the
interstate waters within the port of New York district, created  by  the
compact  of  April thirty, nineteen hundred twenty-one, between the said
states, which said phrase "interstate waters" as used  in  this  article
shall  include  the  portion of the Hudson river within the said port of
New York district north of the New  Jersey  state  line,  constitutes  a
general  movement of traffic which follows the most accessible and prac-
ticable routes, and that the users of each  bridge  or  tunnel  over  or
under  the said waters benefit by the existence of every other bridge or
tunnel since all such bridges and tunnels  as  a  group  facilitate  the

S. 3353                            20

movement  of  such traffic and relieve congestion at each of the several
bridges and tunnels.  Accordingly the two said states, in  the  interest
of  the users of such bridges and tunnels and the general public, hereby
agree  that  the construction, maintenance, operation and control of all
such bridges and tunnels, heretofore or hereafter authorized by the  two
said  states, shall be unified under the port authority, to the end that
the tolls and other revenues therefrom shall be applied so far as  prac-
ticable  to  the costs of the construction, maintenance and operation of
said bridges and tunnels as a group and economies in operation effected,
it being the policy of the two said states that such bridges and tunnels
shall as a group be in all respects self-sustaining.
  S 302. Tunnels. 1.  In furtherance of the policy stated in section 201
of this article, and in partial effectuation of the  comprehensive  plan
adopted  by  the two said states for the development of the said port of
New York district pursuant to  this  chapter,  the  control,  operation,
tolls  and  other revenues of the vehicular tunnel, known as the Holland
tunnel, under the Hudson river between the city of Jersey City  and  the
city  of  New York, shall be vested in the port authority as hereinafter
provided; and the port authority is hereby authorized and  empowered  to
construct,  own,  maintain  and operate an interstate vehicular crossing
under the Hudson river to consist of three tubes (hereinafter called the
Midtown Hudson  tunnel),  together  with  such  approaches  thereto  and
connections  with  highways  as the port authority may deem necessary or
desirable.
  2. The entrances, exits and approaches  to  the  said  Midtown  Hudson
tunnel,  on the New York side, shall be between West Thirty-fifth street
and West Forty-first street and in the vicinity of Ninth avenue  and  to
the  west  thereof,  in  the borough of Manhattan, city of New York. The
approaches to the said Midtown Hudson tunnel  on  the  New  Jersey  side
shall  be so located and constructed as to permit tunnel traffic to pass
over or under the tracks of the New York, Susquehanna and Western  Rail-
road Company and the Northern Railroad Company of New Jersey, immediate-
ly west of the Palisades, without crossing the said tracks at grade, and
as  to  permit  connections  with New Jersey state highway routes in the
vicinity of the said tracks. The said Midtown Hudson tunnel  shall  have
an appropriate entrance and exit in the township of Weehawken, county of
Hudson, state of New Jersey.
  3.  The  control,  operation,  tolls  and  other  revenues of the said
Holland tunnel and its entrance and exit plazas  and  of  all  real  and
personal  property  appurtenant thereto or used in connection therewith,
shall vest in the port  authority  upon  the  making  of  the  following
payments by the port authority to each of the said two states:
  (a) An amount equal to the moneys contributed by such state toward the
cost  of  construction of the said Holland tunnel, with interest thereon
at the rate of four and one-quarter per centum per annum from  the  date
or dates on which such moneys were contributed by such state to the date
of the payment to such state;
  (b)  Less, however, the share of such state in the net revenues of the
said tunnel to the date of the said payment, and less interest  on  such
net  revenues  at  the rate of four and one-quarter per centum per annum
from the dates on which the said net  revenues  were  received  by  such
state to the date of the said payment;
  (c)  And  in the case of the payment to the state of New York, less an
amount equal to the moneys which the said state has agreed to advance to
the port authority (but which have not as yet been advanced to the  port
authority)  in  aid  of  bridge  construction,  during  the fiscal years

S. 3353                            21

commencing in nineteen hundred thirty-one and nineteen  hundred  thirty-
two,  pursuant to chapter seven hundred and sixty-one of the laws of New
York of nineteen hundred twenty-six and chapter  three  hundred  of  the
laws  of  New  York of nineteen hundred twenty-seven and acts amendatory
thereof and supplemental thereto, discounted, however, in  the  case  of
each  advance  at the rate of four and one-quarter per centum per annum,
from the date of the said payment to the state of New York to  the  date
upon  which  such  advance  is to be available pursuant to the aforesaid
statutes.
  In computing interest as aforesaid upon the moneys contributed by each
of the said two states toward the  cost  of  construction  of  the  said
Holland  tunnel, such moneys shall be deemed to have been contributed by
such state upon the first day of the month following  the  month  during
which  there  were  presented to the comptroller of such state for audit
and payment, the schedules and vouchers pursuant to  which  such  moneys
were  paid.  In  computing  interest  as aforesaid upon the net revenues
received by each of the said two states,  such  net  revenues  shall  be
deemed  to  have  been  received  by  such state upon the date when such
revenues were credited to such state or to the commission of such  state
pursuant  to  paragraph  eleven  of  article  fourteen of the compact of
December thirty, nineteen hundred nineteen, between the two said states.
  4. If the amount paid by the port authority to the state of New Jersey
pursuant to subdivision three of this section  shall  be  less  than  an
amount  which,  together with the moneys then in the sinking fund estab-
lished by chapter three hundred and fifty-two of the laws of New  Jersey
of  nineteen hundred twenty and chapter two hundred and sixty-two of the
laws of New Jersey of nineteen hundred twenty-four,  hereinafter  called
the  New  Jersey  Camden  bridge-Holland tunnel sinking fund (other than
moneys set apart to pay interest for the  then  current  year  upon  the
bonds of the state of New Jersey authorized by the aforesaid acts of the
state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
tunnel  bonds),  will  be  equal  to  the  principal  amount of the then
outstanding New Jersey Camden bridge-Holland tunnel bonds, then  and  in
such event, the port authority shall in addition pay to the state of New
Jersey an amount which, together with the amount paid under and pursuant
to  the  preceding section hereof and the moneys then in said New Jersey
Camden bridge-Holland tunnel sinking fund, will be equal to the  princi-
pal  amount  of  the  then  outstanding New Jersey Camden bridge-Holland
tunnel bonds; and shall, moreover, pay to the state of New York  a  like
amount.
  5.  The  amount payable by the port authority to the state of New York
pursuant to subdivisions three and four of this section shall be paid by
the port authority into the treasury of the state of New York  upon  the
thirtieth  day  of  June,  nineteen hundred thirty-one, or at an earlier
date at the option of the port authority on five  days'  notice  to  the
comptroller  of the state of New York, upon a voucher signed and audited
by the said comptroller, who is hereby authorized to consummate the said
transaction.
  6. The amount payable by the port authority to the state of New Jersey
pursuant to subdivisions three and four of this section shall be paid by
the port authority to the sinking fund commission created by said  chap-
ter  three  hundred  and fifty-two of the laws of New Jersey of nineteen
hundred twenty and said chapter two hundred and sixty-two of the laws of
New Jersey of nineteen hundred twenty-four, hereinafter called  the  New
Jersey  Camden  bridge-Holland  tunnel  sinking fund commission upon the
thirtieth day of June, nineteen hundred thirty-one, or such  other  date

S. 3353                            22

as  may  be agreed upon by the said sinking fund commission and the port
authority, upon a voucher signed and audited by the  said  sinking  fund
commission,  which  said  commission  is hereby authorized to consummate
said transaction; and the said moneys shall be deposited in the said New
Jersey  Camden  bridge-Holland  tunnel  sinking  fund, and shall for all
purposes be deemed to be a part thereof and subject to the appropriation
of the moneys in the said sinking fund, made by the  aforesaid  statutes
of the state of New Jersey.
  7.  The  income and interest received from or accruing upon the moneys
in the aforesaid New Jersey Camden bridge-Holland tunnel  sinking  fund,
and from the investment thereof, shall be set apart and held by the said
New  Jersey Camden bridge-Holland tunnel sinking fund commission for the
payment of interest on New Jersey Camden  bridge-Holland  tunnel  bonds,
and  shall  be  subject to the appropriation made of moneys so set apart
and held, by the aforesaid statutes of the  state  of  New  Jersey,  and
shall be applied to the payment of such interest.
  8.  Upon the making of the foregoing payments by the port authority to
the two said states, the provisions of the compact of  December  thirty,
nineteen  hundred nineteen, between the said two states, relating to the
construction and operation of the said Holland tunnel,  as  amended,  so
far  as  inconsistent herewith or with the rules, practice and procedure
or general authority of the port authority, shall be and shall be deemed
to be abrogated; and chapter four hundred and twenty-one of the laws  of
New  York of nineteen hundred thirty, and chapter two hundred and forty-
seven of the laws of New Jersey of nineteen hundred thirty,  making  the
port authority the agent of the two states in connection with the opera-
tion of the said Holland tunnel shall cease to be effective.
  S  303.  Bridges.    1.  Except as may be agreed upon between the port
authority and the municipality in  which  they  shall  be  located,  the
approaches  to the George Washington bridge hereafter constructed on the
New York side shall be located as follows: between Amsterdam avenue  and
Pinehurst  avenue,  the  approaches  shall  be  located between West One
hundred seventy-eighth street and West One hundred seventy-ninth street;
between Pinehurst avenue and Cabrini boulevard, the approaches shall  be
between  West  One  hundred  seventy-eighth  street and West One hundred
eightieth street;  between  Cabrini  boulevard  and  Haven  avenue,  the
approaches  shall be between West One hundred seventy-seventh street and
the line parallel to the northerly side of West  One  hundred  eightieth
street  and  one  hundred twenty-five feet north of the building line on
the north side thereof; between Haven avenue and Service street north of
the George Washington bridge, the approaches shall be between the bridge
and an extension of the building line on the northerly side of West  One
hundred  eightieth  street. Except as so limited, the port authority may
effectuate such approaches, connections, highway extensions  or  highway
improvements  as it shall deem necessary or desirable in relation to the
George Washington bridge, located in or extending across the counties in
which such bridge is located, and, in  its  discretion,  may  do  so  by
agreement  with  any other public agency; such agreement may provide for
the  construction,  ownership,  maintenance   or   operation   of   such
approaches, connections or highway extensions or highway improvements by
such other public agency.
  2.  The  port  authority  is  hereby  authorized and empowered, in its
discretion, to  construct,  own,  maintain  and  operate  in  Washington
Heights  in  the borough of Manhattan, New York city, as an addition and
improvement to the vehicular bridge over the Hudson river at  Fort  Lee,
known as and hereinafter in this section referred to as the George Wash-

S. 3353                            23

ington  bridge,  a  bus passenger facility, by which is meant a facility
consisting of one or more buildings, structures,  improvements,  loading
or unloading areas, parking areas or other facilities necessary, conven-
ient  or desirable in the opinion of the port authority for the accommo-
dation of omnibuses  and  other  motor  vehicles  operated  by  carriers
engaged in the transportation of passengers, or for the loading, unload-
ing,  interchange  or  transfer  of such passengers or their baggage, or
otherwise for the accommodation, use or convenience of  such  passengers
or such carriers or their employees and for purposes incidental thereto.
  3.  Nothing  herein  contained  shall  be  deemed  to prevent the port
authority from establishing, levying  and  collecting  tolls  and  other
charges  in  connection  with such bus passenger facility in addition to
and other than the tolls or charges established, levied and collected in
connection with the George Washington bridge  or  any  other  bridge  or
tunnel.
  S  304.  Studies and reporting.  The port authority shall from time to
time make studies, surveys and investigations to determine the necessity
and practicability of vehicular bridges and tunnels over or under inter-
state waters within the port of New York district, in  addition  to  the
Midtown  Hudson  tunnel  and Holland tunnel and to the George Washington
bridge, Goethals bridge, Outerbridge Crossing and  Bayonne  bridge,  and
report  to the governors and legislatures of the two states thereon. The
port authority shall not proceed with the construction of any such addi-
tional vehicular bridges and  tunnels  over  or  under  said  interstate
waters  until hereafter expressly authorized by the two said states, but
the second deck of the George Washington bridge shall be  considered  an
addition  and  improvement to the said bridge and not such an additional
vehicular bridge, and the port authority's power  and  authorization  to
construct, own, maintain and operate said second deck for highway vehic-
ular  or  rail  rapid transit traffic or both is hereby acknowledged and
confirmed.
  S 305. Inspections.  The port authority shall inspect bridges  located
within  the  state of New York and under the authority's jurisdiction in
accordance with criteria established for  other  publicly-owned  bridges
within the state.
  S 306. Construction, maintenance and operation.  1. The port authority
shall,  so  far  as  it  deems it practicable, treat as a single unified
operation the  construction,  maintenance  and  operation  of  the  said
Midtown  Hudson  tunnel,  the  Holland tunnel, the two vehicular bridges
over the Arthur Kill, the vehicular bridge over the Kill van  Kull,  the
vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
ular  bridges  or  tunnels  which  it  may construct or operate, raising
moneys for the construction thereof and for the making of additions  and
improvements  thereto  in whole or in part upon its own obligations, and
establishing and levying such tolls and other charges  as  it  may  deem
necessary  to secure from all of such bridges and tunnels as a group, at
least sufficient revenue to meet the expenses of the construction, main-
tenance and operation of such bridges and tunnels as  a  group,  and  to
provide  for  the  payment  of  the  interest  upon and amortization and
retirement of and the fulfillment of the terms of all  bonds  and  other
securities  and  obligations  which  it  may  have issued or incurred in
connection therewith.
  2. The additions and improvements to bridges and  tunnels  constructed
or  operated  by  it  which  the  port authority is hereby authorized to
effectuate shall include but not be limited to  parking  facilities,  by
which  is  meant  transportation  facilities  consisting  of one or more

S. 3353                            24

areas, buildings, structures, improvements, or other  accommodations  or
appurtenances  necessary,  convenient or desirable in the opinion of the
port authority for the parking or storage of motor vehicles of users  of
such bridges and tunnels and other members of the general public and for
the  transfer  of the operators and passengers of such motor vehicles to
and from omnibuses and other motor vehicles operated by carriers over or
through such bridges or tunnels, and for purposes incidental thereto.
  3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
authority  from  establishing,  levying  and  collecting tolls and other
charges in connection with any parking facility in addition to and other
than  the  tolls  or  charges  established,  levied  and  collected   in
connection  with  the bridge or tunnel to which such parking facility is
an addition and improvement or any other bridge or tunnel.
  4. The port authority shall not proceed with the construction  of  any
parking  facility as an addition and improvement to any bridge or tunnel
other than a parking facility in the township of  North  Bergen  in  the
state  of  New Jersey at or in the vicinity of the Midtown Hudson tunnel
and its approaches and connections, except as  heretofore  or  hereafter
expressly authorized.
  5.  The  plans  of the connections with state or municipal highways of
any vehicular bridge or tunnel which the port  authority  may  hereafter
construct (including the plans of any additional connections of existing
bridges  or  tunnels with state or municipal highways), shall be subject
to the approval of the governor of the state in which  such  connections
shall  be  located.  Either state may require by appropriate legislation
that such connections shall be subject to the approval  of  the  munici-
pality  of that state in which they shall be located; and in such event,
the approval of such municipality shall be given as provided in  article
one of this chapter.  Except as limited herein, the port authority shall
determine all matters pertaining to such bridges and tunnels.
  6.  The  construction,  maintenance and operation of vehicular bridges
and tunnels within the said port of New  York  district  (including  the
said Holland tunnel and the said Midtown Hudson tunnel), are and will be
in  all respects for the benefit of the people of the states of New York
and New Jersey, for the increase of their commerce  and  prosperity  and
for  the improvement of their health and living conditions; and the port
authority shall be regarded  as  performing  an  essential  governmental
function  in  undertaking  the  construction,  maintenance and operation
thereof and in carrying out the provisions of law relating thereto,  and
shall be required to pay no taxes or assessments upon any of the proper-
ty acquired or used by it for such purposes.
  7.  If  for  any  of  the  purposes  of  this act (including temporary
construction purposes, and the making of additions  or  improvements  to
bridges  or  tunnels already constructed), the port authority shall find
it necessary or convenient  to  acquire  any  real  property  as  herein
defined,  whether  for  immediate  or future use, the port authority may
find and determine that such property, whether a fee simple absolute  or
a  lesser interest, is required for a public use, and upon such determi-
nation, the said property shall be and shall be deemed  to  be  required
for  such  public  use until otherwise determined by the port authority;
and with the exceptions hereinafter specifically noted, the said  deter-
mination shall not be affected by the fact that such property has there-
tofore  been  taken  for,  or  is then devoted to, a public use; but the
public use in the hands or under the control of the port authority shall
be deemed superior to the public use in the hands of any  other  person,
association or corporation.

S. 3353                            25

  8.  The port authority may acquire and is hereby authorized to acquire
such property, whether a fee simple absolute or a  lesser  interest,  by
the  exercise  of  the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure law of the state of New York,
in  the  case of property located in such state, and revised statutes of
New Jersey, Title 20:1-1 et seq., in the case  of  property  located  in
such  state,  or  at  the  option  of  the port authority as provided in
section fifteen of chapter forty-three of the  laws  of  New  Jersey  of
nineteen  hundred  forty-seven, as amended, for the condemnation of real
property for air terminal purposes, in the case of property  located  in
such  state, or pursuant to such other and alternate procedure as may be
provided by law.
  9. Where a person entitled to an award in the proceedings  to  acquire
any  real  property  for any of the purposes of this article, remains in
possession of such property after the time of the vesting  of  title  in
the  port  authority,  the  reasonable value of his use and occupancy of
such property subsequent to such time, as fixed by agreement or  by  the
court  in  such  proceedings  or by any court of competent jurisdiction,
shall be a lien against such award, subject only to liens of  record  at
the time of the vesting of title in the port authority.
  10.  Nothing  herein contained shall be construed to prohibit the port
authority from bringing any proceedings to remove a cloud  on  title  or
such  other  proceedings  as  it may, in its discretion, deem proper and
necessary, or  from  acquiring  any  such  property  by  negotiation  or
purchase.
  11.  Anything in this act to the contrary notwithstanding, no property
now or hereafter vested  in  or  held  by  any  county,  city,  borough,
village,  township  or  other  municipality  shall  be taken by the port
authority, without the  authority  or  consent  of  such  county,  city,
borough,  village, township or other municipality as provided in article
one of this chapter, provided that the state in which such county, city,
borough, village, township or other municipality is located may  author-
ize  such  property to be taken by the port authority by condemnation or
the exercise of the right of eminent domain without  such  authority  or
consent;  nor  shall anything herein impair or invalidate in any way any
bonded indebtedness  of  the  state,  or  such  county,  city,  borough,
village,  township  or  other municipality, nor impair the provisions of
law regulating the payment into sinking funds of  revenue  derived  from
municipal  property,  or  dedicating the revenues derived from municipal
property, to a specific purpose. The port authority is hereby authorized
and empowered to acquire from any such county, city,  borough,  village,
township  or  other  municipality,  or  from  any other public agency or
commission having jurisdiction in the premises, by agreement  therewith,
and  such county, city, borough, village, township, municipality, public
agency or commission, notwithstanding any contrary provision of law,  is
hereby  authorized  and  empowered  to  grant and convey upon reasonable
terms and conditions, any real property, which may be necessary for  the
construction,  operation  and  maintenance  of such bridges and tunnels,
including such real property as has already been  devoted  to  a  public
use.  Each  of the two said states hereby consent to the use and occupa-
tion of the real property of such state necessary for the  construction,
operation and maintenance of bridges and tunnels constructed or operated
pursuant  to  the  provisions  of this act, including lands of the state
lying under water.
  12. The port authority and its duly authorized  agents  and  employees
may  enter  upon  any  land in this state for the purpose of making such

S. 3353                            26

surveys, maps, or other examinations thereof as it may deem necessary or
convenient for the purposes of this article.
  13.  The  term  "real  property" as used in this section is defined to
include lands, structures, franchises, and interests in land,  including
lands under water and riparian rights, and any and all things and rights
usually included within the said term, and includes not only fees simple
absolute  but  also  any  and  all  lesser interests, such as easements,
rights of way, uses, leases, licenses and all other incorporeal  heredi-
taments and every estate, interest or right, legal or equitable, includ-
ing  terms of years, and liens thereon by way of judgments, mortgages or
otherwise, and also claims for damage to real estate.
  14. Nothing herein contained shall be construed to authorize or permit
the port authority to undertake the construction of any vehicular bridge
or tunnel over or under  the  Arthur  Kill,  unless  or  until  adequate
provision  has  been  made  by law for the protection of those advancing
money upon the obligations of the port authority for the construction of
the bridges mentioned in chapter two hundred and  ten  of  the  laws  of
nineteen  hundred  twenty-five,  or  the  construction  of any vehicular
bridge or tunnel over or under the Hudson river, at or north of Sixtieth
street in the borough of Manhattan, city of New York,  unless  or  until
adequate  provision  has  been  made  by law for the protection of those
advancing money upon the obligations  of  the  port  authority  for  the
construction  of  the  bridge  mentioned  in  chapter  seven hundred and
sixty-one  of  the  laws  of  nineteen  hundred   twenty-six,   or   the
construction  of  any  vehicular bridge or tunnel over or under the Kill
van Kull unless or until adequate provision has been made by law for the
protection of those advancing money upon the  obligations  of  the  port
authority  for the construction of the bridge mentioned in chapter three
hundred of the laws of nineteen hundred twenty-seven.
  S 307. Rules and regulations relating to tunnels and bridges.  1.  The
port  authority  is hereby authorized to make and enforce such rules and
regulations and to establish, levy and  collect  such  tolls  and  other
charges  in  connection  with any vehicular bridges and tunnels which it
may now or hereafter be authorized to own, construct, operate or control
(including the said Holland tunnel and the said Midtown Hudson  tunnel),
as  it  may  deem  necessary,  proper or desirable, which said tolls and
charges shall be at  least  sufficient  to  meet  the  expenses  of  the
construction,  operation and maintenance thereof, and to provide for the
payment of, with interest upon, and the amortization and  retirement  of
bonds  or  other securities or obligations issued or incurred for bridge
or tunnel purposes.  There  shall  be  allocated  to  the  cost  of  the
construction,  operation  and  maintenance  of such bridges and tunnels,
such proportion of the general expenses of  the  port  authority  as  it
shall deem properly chargeable thereto.
  2.  The  moneys  in  the  general  reserve  fund of the port authority
(authorized by chapter five of  the  laws  of  New  Jersey  of  nineteen
hundred  thirty-one,  as amended, and chapter forty-eight of the laws of
New York of nineteen hundred thirty-one, as  amended  and  contained  by
article  VI  of  this chapter) may be pledged in whole or in part by the
port authority as security for or applied by it to  the  repayment  with
interest of any moneys which it may raise upon bonds or other securities
or  obligations  issued  or  incurred  from  time to time for any of the
purposes of this article or secured in whole or in part by the pledge of
the revenues of the port authority from any bridge or tunnel or both  so
issued  or  incurred  and  so  secured;  and  the moneys in said general
reserve fund may be applied by the port authority to the fulfillment  of

S. 3353                            27

any  other undertakings which it may assume to or for the benefit of the
holders of any such bonds, securities or other obligations.
  3.  Subject  to  prior liens and pledges (and to the obligation of the
port authority to apply revenues  to  the  maintenance  of  its  general
reserve  fund  in the amount prescribed by the said statutes authorizing
said fund), the revenues of the port authority  from  facilities  estab-
lished,  constructed,  acquired  or  effectuated through the issuance or
sale of bonds of the port authority secured by a pledge of  its  general
reserve  fund  may  be  pledged  in  whole or in part as security for or
applied by it to the repayment with interest of any moneys which it  may
raise  upon  bonds or other securities or obligations issued or incurred
from time to time for any of the purposes of this article or secured  in
whole  or  in  part  by the pledge of the revenues of the port authority
from any bridge or tunnel or both so issued or incurred and so  secured,
and  said  revenues may be applied by the port authority to the fulfill-
ment of any other undertakings which it may assume to or for the benefit
of the holders of such bonds, securities or other obligations.
  In the event that at any time the balance of moneys  theretofore  paid
into  the general reserve fund and not applied therefrom shall exceed an
amount equal to one-tenth of the  par  value  of  all  bonds  legal  for
investment, as defined and limited in the said statutes authorizing said
fund,  issued  by  the  port authority and currently outstanding at such
time, by reason of the retirement of bonds or other securities or  obli-
gations  issued or incurred from time to time for any of the purposes of
this article or secured in whole or in part by the pledge of the  reven-
ues of the port authority from any bridge or tunnel or both so issued or
incurred  and  so  secured,  the par value of which had theretofore been
included in the computation of said one-tenth, then the  port  authority
may  pledge or apply such excess for and only for the purposes for which
it is authorized by the said statutes authorizing said  fund  to  pledge
the  moneys  in  the general reserve fund and such pledge may be made in
advance of the time when such excess may occur.
  S 308. Bonds.  1. The two said states covenant  and  agree  with  each
other  and  with  the  holders of any bonds or other securities or obli-
gations of the port authority, issued or incurred for bridge  or  tunnel
purposes  and  as  security  for which there may or shall be pledged the
tolls and revenues or any part thereof of any vehicular bridge or tunnel
(including the said Holland tunnel and the said Midtown Hudson  tunnel),
that the two said states will not, so long as any of such bonds or other
obligations  remain outstanding and unpaid, diminish or impair the power
of the port authority to establish, levy and  collect  tolls  and  other
charges  in connection therewith; and that the two said states will not,
so long as any of such bonds or other obligations remain outstanding and
unpaid, authorize the construction of any vehicular bridges  or  tunnels
over  or  under interstate waters as herein defined within the said port
of New York district, by any person or body other than the port authori-
ty, in competition with those whose tolls or other revenues are  pledged
as  aforesaid; provided that nothing herein contained shall be deemed to
refer to the bridge authorized by the act of congress  of  July  eleven,
eighteen  hundred  ninety,  chapter six hundred and sixty-nine, and acts
amendatory thereof and supplemental thereto; and provided  further  that
nothing  herein  contained  shall  preclude  the  authorization  of  the
construction of such competitive tunnels or bridges by other persons  or
bodies  if  and  when  adequate  provision  shall be made by law for the
protection of those advancing money upon such obligations.

S. 3353                            28

  2. The bonds or other securities or obligations which may be issued or
incurred by the port authority pursuant to this article, or as  security
for  which there may be pledged the tolls and other revenues or any part
thereof of any vehicular bridge or tunnel (including  the  said  Holland
tunnel  and  the said Midtown Hudson tunnel) now or hereafter authorized
by the two said states or both so issued or incurred and so secured, are
hereby made securities in which all state  and  municipal  officers  and
bodies,  all banks, bankers, trust companies, savings banks, savings and
loan associations, investment companies and other persons carrying on  a
banking  business,  all  insurance companies, insurance associations and
other persons carrying on an insurance business, and all administrators,
executors, guardians, trustees  and  other  fiduciaries  and  all  other
persons  whatsoever who are now or may hereafter be authorized to invest
in bonds or other obligations of the state,  may  properly  and  legally
invest  any  funds, including capital, belonging to them or within their
control; and said bonds or other securities or  obligations  are  hereby
made  securities  which  may  properly and legally be deposited with and
shall be received by any state or municipal officer or  agency  for  any
purpose  for  which  the  deposit  of bonds or other obligations of this
state is now or may hereafter be authorized.
  S 309. Compact.  1. This section and the preceding  sections  of  this
article,  constitute an agreement between the states of New York and New
Jersey supplementary to the compact between the two states  dated  April
thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
be liberally construed to effectuate the purposes of said compact and of
the comprehensive plan heretofore adopted by the  two  states,  and  any
powers  granted to the port authority by this article shall be deemed to
be in aid of and supplementary to and in no case a limitation  upon  the
powers  heretofore  vested  in the port authority by the two said states
and/or by congress, except as herein otherwise provided.
  2. Any declarations contained in this  article  with  respect  to  the
governmental  nature  of  bridges  and  tunnels  and to the exemption of
bridge and tunnel property from taxation and to the  discretion  of  the
port authority with respect to bridge and tunnel operations shall not be
construed to imply that other port authority property and operations are
not  of  a governmental nature, or that they are subject to taxation, or
that the determinations of the port authority with respect  thereto  are
not conclusive.
  3.  The  powers vested in the port authority herein (including but not
limited to the powers to acquire real property by  condemnation  and  to
make  or effectuate additions, improvements, approaches and connections)
shall be continuing powers and no exercise thereof shall  be  deemed  to
exhaust them or any of them.
  4.  Nothing herein contained shall be construed to affect, diminish or
impair the rights and obligations created by, or to repeal  any  of  the
provisions  of  chapter  three  hundred and fifty-two of the laws of New
Jersey of nineteen hundred twenty and chapter two hundred and  sixty-two
of the laws of New Jersey of nineteen hundred twenty-four.
  5.  If,  however,  any loss shall be suffered by or accrue to the said
sinking fund, and if, after the  making  of  the  payment  by  the  port
authority  to  the  state  of  New  Jersey as hereinbefore provided, the
moneys in the said sinking fund shall at any time be or become less than
an amount equal to the principal amount of the then currently  outstand-
ing  New Jersey Camden bridge-Holland tunnel bonds, or if the income and
interest currently received from or currently accruing upon  the  moneys
in  the  said  sinking  fund  shall be or become insufficient to pay the

S. 3353                            29

interest currently accruing upon or currently payable in connection with
the aforesaid New Jersey Camden bridge-Holland tunnel bonds,  the  state
of New Jersey represents and agrees that it will make good such deficits
out of sources other than revenues from the said Holland tunnel.
  6.  The  said payment by the port authority to the state of New Jersey
constitutes repayment for all  moneys  contributed  by  the  said  state
toward  the  cost  of construction of the said Holland tunnel, including
the moneys diverted and appropriated by chapter three hundred and  nine-
teen  of the laws of New Jersey of nineteen hundred twenty-six and chap-
ter fifty-eight of the laws of New Jersey of  nineteen  hundred  twenty-
seven  from the road fund, created by chapter fifteen of the laws of New
Jersey of nineteen hundred seventeen. The requirement of chapter  fifty-
eight  of  the  laws of New Jersey of nineteen hundred twenty-seven that
the said moneys diverted and appropriated by the said  statutes  of  the
state  of  New  Jersey  shall  be returned and credited to the said road
fund, with interest, shall be and shall be deemed to  be  satisfied  and
discharged  so far as it relates to the revenues arising from the opera-
tion of the said Holland tunnel.
  7. The provisions of this section  shall  constitute  a  covenant  and
agreement  by  the  state  of New York with the state of New Jersey, the
port authority and the holders of any bonds or other obligations of  the
port  authority,  as  security  for which the tolls and revenues of said
Holland tunnel may be pledged.
  8. Nothing herein contained shall be construed to impair  in  any  way
the  obligation  of the port authority to repay to the two states any or
all advances made by them  to  the  port  authority  in  aid  of  bridge
construction.
                               ARTICLE IV
          THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
                           NEW JERSEY COMPACT
Section 400. Compact.
  S 400. Compact. The "waterfront and airport commission of New York and
New Jersey compact" as first enacted by chapter eight hundred eighty-two
of  the laws of nineteen hundred fifty-three is hereby continued to read
as follows:
                                 PART I

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

                                ARTICLE I
                        FINDINGS AND DECLARATIONS

  1.  The states of New York and New Jersey hereby find and declare that
the conditions under which waterfront labor is employed within the  port
of New York district are depressing and degrading to such labor, result-
ing  from  the  lack  of  any  systematic  method of hiring, the lack of
adequate information as  to  the  availability  of  employment,  corrupt
hiring  practices  and  the fact that persons conducting such hiring are
frequently criminals and persons notoriously lacking in moral  character
and integrity and neither responsive or responsible to the employers nor
to the uncoerced will of the majority of the members of the labor organ-
izations  of the employees;  that as a result waterfront laborers suffer
from irregularity of employment, fear and insecurity,  inadequate  earn-

S. 3353                            30

ings,  an unduly high accident rate, subjection to borrowing at usurious
rates of interest, exploitation and extortion as the price  of  securing
employment  and a loss of respect for the law;  that not only does there
result  a destruction of the dignity of an important segment of American
labor, but a direct encouragement of  crime  which  imposes  a  levy  of
greatly  increased  costs on food, fuel and other necessaries handled in
and through the port of New York district.
  2. The states of New York and New Jersey hereby find and declare  that
many  of the evils above described result not only from the causes above
described but from the practices of public loaders at  piers  and  other
waterfront  terminals;  that such public loaders serve no valid economic
purpose and operate as parasites exacting a high and unwarranted toll on
the flow of commerce in and through the port of New York  district,  and
have  used  force  and  engaged in discriminatory and coercive practices
including extortion against persons not desiring to employ  them;    and
that  the  function of loading and unloading trucks and other land vehi-
cles  at  piers  and  other  waterfront  terminals  can  and  should  be
performed,  as in every other major American port, without the evils and
abuses of the public loader system, and by the carriers  of  freight  by
water,  stevedores  and  operators  of  such  piers and other waterfront
terminals or the operators of such trucks or other land vehicles.
  3. The states of New York and New Jersey hereby find and declare  that
many  of the evils above described result not only from the causes above
described but from the lack of regulation of the  occupation  of  steve-
dores;  that such stevedores have engaged in corrupt practices to induce
their  hire  by  carriers of freight by water and to induce officers and
representatives of labor organizations to  betray  their  trust  to  the
members of such labor organizations.
  4.  The states of New York and New Jersey hereby find and declare that
the  occupations  of  longshoremen,  stevedores,  pier  superintendents,
hiring  agents  and  port  watchmen  are affected with a public interest
requiring their regulation and that such regulation shall be  deemed  an
exercise of the police power of the two states for the protection of the
public  safety, welfare, prosperity, health, peace and living conditions
of the people of the two states.

                               ARTICLE II
                               DEFINITIONS

  As used in this compact:
  1. "The port of New York district" shall mean the district created  by
article  II of the compact dated April thirtieth, nineteen hundred twen-
ty-one, between the states of New York and  New  Jersey,  authorized  by
chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
hundred twenty-one and continued by article I of this chapter, and chap-
ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
twenty-one.
  2.  "Commission"  shall  mean the waterfront and airport commission of
New York and New Jersey established by article III of this compact.
  3. "Pier" shall include any wharf, pier, dock or quay.
  4. "Other waterfront terminal" shall include any warehouse,  depot  or
other  terminal (other than a pier) which is located within one thousand
yards of any pier in the port of New York district and which is used for
waterborne freight in whole or substantial part.
  5. "Person" shall mean not only a natural person but also any partner-
ship, joint venture, association, corporation or any other legal  entity

S. 3353                            31

but  shall not include the United States, any state or territory thereof
or any department, division, board, commission or authority  of  one  or
more of the foregoing.
  6.  "Carrier  of  freight  by  water" shall mean any person who may be
engaged or who may hold himself out as willing to be engaged, whether as
a common carrier,  as  a  contract  carrier  or  otherwise  (except  for
carriage  of  liquid  cargoes  in  bulk in tank vessels designed for use
exclusively in such  service  or  carriage  by  barge  of  bulk  cargoes
consisting of only a single commodity loaded or carried without wrappers
or  containers  and delivered by the carrier without transportation mark
or count) in the carriage of freight by water between any point  in  the
port of New York district and a point outside said district.
  7. "Waterborne freight" shall mean freight carried by or consigned for
carriage by carriers of freight by water.
  8.  "Longshoreman"  shall  mean  a natural person, other than a hiring
agent, who is employed for work at a pier or other waterfront  terminal,
either by a carrier of freight by water or by a stevedore:
  (a) physically to move waterborne freight on vessels berthed at piers,
on piers or at other waterfront terminals, or
  (b)  to engage in direct and immediate checking of any such freight or
of the custodial accounting therefor or in the recording  or  tabulation
of  the  hours  worked at piers or other waterfront terminals by natural
persons employed by carriers of freight by water or stevedores, or
  (c) to supervise directly and immediately others who are  employed  as
in subdivision (a) of this section.
  9.  "Pier  superintendent"  shall mean any natural person other than a
longshoreman who is employed for work at  a  pier  or  other  waterfront
terminal  by a carrier of freight by water or a stevedore and whose work
at such pier or other  waterfront  terminal  includes  the  supervision,
directly or indirectly, of the work of longshoremen.
  10.  "Port  watchman"  shall include any watchman, gateman, roundsman,
detective, guard, guardian or protector  of  property  employed  by  the
operator  of  any  pier  or other waterfront terminal or by a carrier of
freight by water to perform services in such capacity  on  any  pier  or
other waterfront terminal.
  11.  "Longshoremen's  register"  shall  mean  the register of eligible
longshoremen compiled and maintained by the commission pursuant to arti-
cle VIII of this compact.
  12. "Stevedore" shall mean a contractor (not  including  an  employee)
engaged  for  compensation  pursuant to a contract or arrangement with a
carrier of freight by water, in moving  waterborne  freight  carried  or
consigned  for  carriage  by  such  carrier  on  vessels of such carrier
berthed at piers, on piers at which such vessels are berthed or at other
waterfront terminals.
  13. "Hiring agent" shall mean any natural person, who on behalf  of  a
carrier of freight by water or a stevedore shall select any longshoreman
for employment.
  14.  "Compact"  shall  mean  this  compact  and  rules  or regulations
lawfully promulgated thereunder.

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

  1. There is hereby created the waterfront and  airport  commission  of
New York and New Jersey, which shall be a body corporate and politic, an
instrumentality of the states of New York and New Jersey.

S. 3353                            32

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

                               ARTICLE IV
                      GENERAL POWERS OF COMMISSION

  In  addition  to  the  powers  and duties elsewhere prescribed in this
compact, the commission shall have the power:
  1. To sue and be sued;
  2. To have a seal and alter the same at pleasure;
  3. To acquire, hold and dispose of real and personal property by gift,
purchase, lease, license or other  similar  manner,  for  its  corporate
purposes;
  4.  To  determine the location, size and suitability of accommodations
necessary and desirable for the establishment  and  maintenance  of  the
employment  information  centers provided in article XII of this compact
and for administrative offices for the commission;
  5. To appoint such officers, agents  and  employees  as  it  may  deem
necessary,  prescribe  their  powers,  duties and qualifications and fix
their compensation and retain and employ counsel and private consultants
on a contract basis or otherwise;
  6. To administer and enforce the provisions of this compact;
  7. To make and enforce such rules and regulations  as  the  commission
may  deem  necessary  to  effectuate  the purposes of this compact or to
prevent the circumvention or  evasion  thereof,  to  be  effective  upon
publication  in the manner which the commission shall prescribe and upon
filing in the office of the secretary of state of each state.  A  certi-
fied  copy  of  any  such  rules  and  regulations, attested as true and
correct by the commission, shall be presumptive evidence of the  regular
making, adoption, approval and publication thereof;

S. 3353                            33

  8.  By  its  members  and its properly designated officers, agents and
employees, to administer oaths and issue subpoenas to compel the attend-
ance of witnesses and the giving of  testimony  and  the  production  of
other evidence;
  9.  To  have  for  its  members  and its properly designated officers,
agents and employees, full and free access, ingress and  egress  to  and
from  all  vessels, piers and other waterfront terminals or other places
in the port of New York district, for the purposes of making  inspection
or  enforcing  the  provisions  of  this  compact;   and no person shall
obstruct or in any way interfere with any such member, officer, employee
or agent in the making of such inspection, or in the enforcement of  the
provisions  of  this compact or in the performance of any other power or
duty under this compact;
  10. To recover possession of any suspended or revoked  license  issued
under this compact;
  11. To make investigations, collect and compile information concerning
waterfront  practices generally within the port of New York district and
upon all matters relating to the accomplishment  of  the  objectives  of
this compact;
  12.  To  advise and consult with representatives of labor and industry
and with public officials and agencies concerned with  the  effectuation
of  the  purposes of this compact, upon all matters which the commission
may desire, including but not limited to the form and substance of rules
and regulations, the administration of the compact, maintenance  of  the
longshoremen's register, and issuance and revocation of licenses;
  13. To make annual and other reports to the governors and legislatures
of  both  states  containing  recommendations for the improvement of the
conditions of waterfront labor within the port of New York district, for
the alleviation of the evils described in article I and for the effectu-
ation of the purposes of this compact.  Such annual reports shall  state
the  commission's  finding  and  determination  as to whether the public
necessity still exists for (a) the continued registration of  longshore-
men,  (b)  the  continued  licensing  of  any  occupation  or employment
required to be licensed hereunder and (c) the continued public operation
of the employment information centers provided for  in  article  XII  of
this compact;
  14.  To  cooperate  with  and  receive  from any department, division,
bureau, board, commission, or agency of either or both states, or of any
county or municipality thereof, such assistance and data as will  enable
it  properly  to  carry  out  its  powers and duties hereunder;   and to
request any such department, division,  bureau,  board,  commission,  or
agency,  with  the consent thereof, to execute such of its functions and
powers, as the public interest may require.
  15. The powers and duties of the commission may be exercised by  offi-
cers,  employees and agents designated by them, except the power to make
rules and regulations.  The commission shall have such additional powers
and duties as may hereafter be delegated to or imposed upon it from time
to time by the action of the legislature of either state concurred in by
the legislature of the other.

                                ARTICLE V
                 PIER SUPERINTENDENTS AND HIRING AGENTS

  1. On or after the first day  of  December,  nineteen  hundred  fifty-
three, no person shall act as a pier superintendent or as a hiring agent
within  the port of New York district without first having obtained from

S. 3353                            34

the commission a license to act as such pier  superintendent  or  hiring
agent,  as the case may be, and no person shall employ or engage another
person to act as a pier superintendent or hiring agent  who  is  not  so
licensed.
  2.  A license to act as a pier superintendent or hiring agent shall be
issued only upon the written application,  under  oath,  of  the  person
proposing  to employ or engage another person to act as such pier super-
intendent or hiring agent, verified by the prospective  licensee  as  to
the matters concerning him, and shall state the following:
  (a) The full name and business address of the applicant;
  (b)  The  full  name,  residence, business address (if any), place and
date of birth and social security number of the prospective licensee;
  (c) The present and previous occupations of the prospective  licensee,
including  the places where he was employed and the names of his employ-
ers;
  (d) Such further facts and evidence as may be required by the  commis-
sion  to ascertain the character, integrity and identity of the prospec-
tive licensee;  and
  (e) That if a license is  issued  to  the  prospective  licensee,  the
applicant  will  employ  such  licensee as pier superintendent or hiring
agent, as the case may be.
  3. No such license shall be granted
  (a) Unless the commission shall  be  satisfied  that  the  prospective
licensee possesses good character and integrity;
  (b)  If  the prospective licensee has, without subsequent pardon, been
convicted by a court of the United States, or  any  state  or  territory
thereof,  of  the commission of, or the attempt or conspiracy to commit,
treason, murder, manslaughter or any felony or high misdemeanor  or  any
of  the following misdemeanors or offenses: illegally using, carrying or
possessing a pistol or other  dangerous  weapon;  making  or  possessing
burglar's  instruments;  buying  or  receiving stolen property; unlawful
entry of a building; aiding an escape from prison;  unlawfully  possess-
ing,  possessing  with  intent  to distribute, sale or distribution of a
controlled dangerous substance (controlled substance) or, in New Jersey,
a controlled dangerous substance analog (controlled  substance  analog);
and  violation of this compact. Any such prospective licensee ineligible
for a license by reason of any such conviction may  submit  satisfactory
evidence  to  the  commission  that he has for a period of not less than
five years, measured as hereinafter provided, and  up  to  the  time  of
application,  so  conducted  himself  as  to  warrant  the grant of such
license, in which event the commission may, in its discretion, issue  an
order  removing  such  ineligibility. The aforesaid period of five years
shall be measured either from the date of payment of  any  fine  imposed
upon  such  person or the suspension of sentence or from the date of his
unrevoked release from custody by parole, commutation or termination  of
his sentence;
  (c)  If  the  prospective licensee knowingly or wilfully advocates the
desirability of overthrowing or destroying the government of the  United
States  by force or violence or shall be a member of a group which advo-
cates such desirability, knowing the purposes of such group include such
advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be satisfied therefrom  that  the  prospective
licensee  possesses  the  qualifications  and requirements prescribed in
this article, the commission shall issue and deliver to the  prospective

S. 3353                            35

licensee a license to act as pier superintendent or hiring agent for the
applicant,  as  the  case  may be, and shall inform the applicant of his
action.  The commission may issue a temporary permit to any  prospective
licensee  for  a  license  under  the provisions of this article pending
final action on an application made for such a license.  Any such permit
shall be valid for a period not in excess of thirty days.
  5. No person shall be licensed to act  as  a  pier  superintendent  or
hiring  agent  for  more  than  one employer, except at a single pier or
other  waterfront  terminal,  but  nothing  in  this  article  shall  be
construed  to  limit  in  any  way the number of pier superintendents or
hiring agents any employer may employ.
  6. A license granted pursuant to this article shall  continue  through
the duration of the licensee's employment by the employer who shall have
applied for his license.
  7.  Any  license  issued  pursuant  to  this article may be revoked or
suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of  the  following
offenses:
  (a)  Conviction of a crime or act by the licensee or other cause which
would require or permit his disqualification from  receiving  a  license
upon original application;
  (b)  Fraud, deceit or misrepresentation in securing the license, or in
the conduct of the licensed activity;
  (c) Violation of any of the provisions of this compact;
  (d) Conviction of a crime involving unlawfully possessing,  possession
with  intent to distribute, sale or distribution of a controlled danger-
ous substance (controlled substance) or, in  New  Jersey,  a  controlled
dangerous substance analog (controlled substance analog);
  (e)  Employing,  hiring  or  procuring any person in violation of this
compact or inducing or  otherwise  aiding  or  abetting  any  person  to
violate the terms of this compact;
  (f)  Paying, giving, causing to be paid or given or offering to pay or
give to any person any  valuable  consideration  to  induce  such  other
person  to violate any provision of this compact or to induce any public
officer, agent or employee to fail to perform his duty hereunder;
  (g) Consorting with known criminals for an unlawful purpose;
  (h) Transfer or surrender of possession of the license to  any  person
either temporarily or permanently without satisfactory explanation;
  (i) False impersonation of another licensee under this compact;
  (j) Receipt or solicitation of anything of value from any person other
than  the  licensee's  employer  as  consideration  for the selection or
retention for employment of any longshoreman;
  (k) Coercion of a longshoreman by threat of discrimination or violence
or economic reprisal, to make purchases from or to utilize the  services
of any person;
  (l)  Lending  any  money to or borrowing any money from a longshoreman
for which there is a charge of interest or other consideration;  and
  (m) Membership in a labor organization which  represents  longshoremen
or  port  watchmen;    but  nothing  in  this section shall be deemed to
prohibit pier superintendents or hiring agents from being represented by
a labor organization or organizations which do not also represent  long-
shoremen  or  port  watchmen.    The  American  Federation of Labor, the
Congress of Industrial Organizations and any other  similar  federation,
congress or other organization of national or international occupational
or  industrial  labor organizations shall not be considered an organiza-
tion which represents longshoremen or port watchmen within  the  meaning

S. 3353                            36

of  this  section  although  one  of  the federated or constituent labor
organizations thereof may represent longshoremen or port watchmen.

                               ARTICLE VI
                               STEVEDORES

  1.  On  or  after  the  first day of December, nineteen hundred fifty-
three, no person shall act as a stevedore within the port  of  New  York
district  without  having  first obtained a license from the commission,
and no person shall employ a stevedore to perform services as such with-
in the port of New York district unless the stevedore is so licensed.
  2. Any person intending to act as a stevedore within the port  of  New
York  district  shall  file  in  the  office of the commission a written
application for a license to engage in such occupation, duly signed  and
verified as follows:
  (a)  If  the  applicant  is a natural person, the application shall be
signed and verified by such person and if the applicant  is  a  partner-
ship,  the  application  shall  be  signed  and verified by each natural
person composing or intending to compose such partnership. The  applica-
tion  shall  state  the  full name, age, residence, business address (if
any), present and previous occupations of each natural person so signing
the same, and any other facts and evidence as may  be  required  by  the
commission  to  ascertain  the character, integrity and identity of each
natural person so signing such application.
  (b) If the applicant is a corporation, the application shall be signed
and verified by the president,  secretary  and  treasurer  thereof,  and
shall  specify  the  name  of the corporation, the date and place of its
incorporation, the location of its  principal  place  of  business,  the
names and addresses of, and the amount of the stock held by stockholders
owning  5 per cent or more of any of the stock thereof, and of all offi-
cers (including all members of the board of directors).    The  require-
ments of subdivision (a) of this section as to a natural person who is a
member  of  a  partnership, and such requirements as may be specified in
rules and regulations promulgated by the commission, shall apply to each
such officer or stockholder and their successors in office  or  interest
as the case may be.
  (c)  In the event of the death, resignation or removal of any officer,
and in the event of any change in the list of stockholders who shall own
five per cent or more of the stock of the corporation, the secretary  of
such  corporation shall forthwith give notice of that fact in writing to
the commission, certified by said secretary.
  3. No such license shall be granted
  (a) If any person whose signature or name appears in  the  application
is  not the real party in interest required by section two of this arti-
cle to sign or to be identified in the application or if the  person  so
signing  or  named in the application is an undisclosed agent or trustee
for any such real party in interest;
  (b) Unless the commission shall be satisfied that  the  applicant  and
all  members,  officers and stockholders required by section two of this
article to sign or be identified in the application for license  possess
good character and integrity;
  (c)  Unless  the  applicant is either a natural person, partnership or
corporation;
  (d) Unless the applicant shall be a party to a contract then in  force
or which will take effect upon the issuance of a license, with a carrier
of  freight  by  water for the loading and unloading by the applicant of

S. 3353                            37

one or more vessels of such carrier at a pier within  the  port  of  New
York district;
  (e) If the applicant or any member, officer or stockholder required by
section  two of this article to sign or be identified in the application
for license has, without subsequent pardon, been convicted by a court of
the United States or any state or territory thereof  of  the  commission
of, or the attempt or conspiracy to commit, treason, murder, manslaught-
er  or  any  felony  or  high  misdemeanor or any of the misdemeanors or
offenses described in subdivision (b) of section three of article  V  of
this  compact.  Any  applicant ineligible for a license by reason of any
such conviction may submit satisfactory evidence to the commission  that
the  person  whose  conviction  was the basis of ineligibility has for a
period of not less than five years, measured as hereinafter provided and
up to the time of application, so conducted himself as  to  warrant  the
grant  of  such  license,  in  which  event  the  commission may, in its
discretion issue an order removing  such  ineligibility.  The  aforesaid
period  of  five years shall be measured either from the date of payment
of any fine imposed upon such person or the suspension  of  sentence  or
from  the  date  of his unrevoked release from custody by parole, commu-
tation or termination of his sentence;
  (f) If, on or after July  first,  nineteen  hundred  fifty-three,  the
applicant  has paid, given, caused to have been paid or given or offered
to pay or give to any officer or employee of any carrier of  freight  by
water  any valuable consideration for an improper or unlawful purpose or
to induce such person to procure the employment of the applicant by such
carrier for the performance of stevedoring services;
  (g) If, on or after July  first,  nineteen  hundred  fifty-three,  the
applicant  has paid, given, caused to be paid or given or offered to pay
or give to any officer or representative of  a  labor  organization  any
valuable  consideration for an improper or unlawful purpose or to induce
such officer or representative to  subordinate  the  interests  of  such
labor  organization  or  its members in the management of the affairs of
such labor organization to the interests of the applicant.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possesses  the  qualifications and requirements prescribed in this arti-
cle, the commission shall issue and deliver a license to such applicant.
The commission may issue a temporary  permit  to  any  applicant  for  a
license  under the provisions of this article pending final action on an
application made for such a license.  Any such permit shall be valid for
a period not in excess of thirty days.
  5. A license granted pursuant to this article shall be for a  term  of
two  years  or fraction of such two year period, and shall expire on the
first day of December of each odd numbered year. In  the  event  of  the
death  of  the  licensee,  if  a  natural  person, or its termination or
dissolution by reason of the death of a partner, if a partnership, or if
the licensee shall cease to be a party  to  any  contract  of  the  type
required  by  subdivision  (d)  of  section  three  of this article, the
license shall terminate ninety days after such event or upon its expira-
tion date, whichever shall be sooner. A license may be  renewed  by  the
commission  for  successive  two  year  periods upon fulfilling the same
requirements as are set forth in this article for an  original  applica-
tion.
  6.  Any  license  issued  pursuant  to  this article may be revoked or
suspended for such period as the commission deems in the public interest

S. 3353                            38

or the licensee thereunder may be reprimanded for any of  the  following
offenses  on  the  part  of  the  licensee  or of any person required by
section two of this article to sign or  be  identified  in  an  original
application for a license:
  (a) Conviction of a crime or other cause which would permit or require
disqualification  of the licensee from receiving a license upon original
application;
  (b) Fraud, deceit or misrepresentation in securing the license  or  in
the conduct of the licensed activity;
  (c)  Failure  by  the licensee to maintain a complete set of books and
records containing  a  true  and  accurate  account  of  the  licensee's
receipts and disbursements arising out of his activities within the port
of New York district;
  (d)  Failure  to keep said books and records available during business
hours for inspection by the commission and its duly designated represen-
tatives until the expiration of the fifth calendar  year  following  the
calendar year during which occurred the transactions recorded therein;
  (e)  Any other offense described in subdivisions (c) to (i) inclusive,
of section seven of article V of this compact.

                               ARTICLE VII
                      PROHIBITION OF PUBLIC LOADING

  1. The states of New York and New Jersey hereby find and declare  that
the  transfer  of cargo to and from trucks at piers and other waterfront
terminals in the port of New York district has resulted in  vicious  and
notorious abuses by persons commonly known as "public loaders." There is
compelling  evidence that such persons have exacted the payment of exor-
bitant charges for their  services,  real  and  alleged,  and  otherwise
extorted  large  sums  through  force, threats of violence, unauthorized
labor disturbances and other coercive activities, and that they had been
responsible for and  abetted  criminal  activities  on  the  waterfront.
These  practices  which  have developed in the port of New York district
impose unjustified costs on the handling of goods  in  and  through  the
port of New York district, and increase the prices paid by consumers for
food,  fuel  and other necessaries, and impair the economic stability of
the port of New York district.  It is the sense of the  legislatures  of
the  states  of  New York and New Jersey that these practices and condi-
tions must be eliminated to prevent grave injury to the welfare  of  the
people.
  2. It is hereby declared to be against the public policy of the states
of  New York and New Jersey and to be unlawful for any person to load or
unload waterborne freight onto or from vehicles other than railroad cars
at piers or at other waterfront terminals within the port  of  New  York
district,  for  a  fee  or  other compensation, other than the following
persons and their employees:
  (a) Carriers of freight by water, but only at  piers  at  which  their
vessels are berthed;
  (b)  Other carriers of freight (including but not limited to railroads
and truckers), but only in connection with freight transported or to  be
transported by such carriers;
  (c)  Operators of piers or other waterfront terminals (including rail-
roads, truck terminal operators, warehousemen and  other  persons),  but
only at piers or other waterfront terminals operated by them;
  (d)  Shippers  or  consignees  of freight, but only in connection with
freight shipped by such shipper or consigned to such consignee;

S. 3353                            39

  (e) Stevedores licensed under article VI of this compact,  whether  or
not such waterborne freight has been or is to be transported by a carri-
er  of  freight by water with which such stevedore shall have a contract
of the type prescribed by subdivision (d) of section 3 of article VI  of
this compact.
  Nothing herein contained shall be deemed to permit any such loading or
unloading  of  any waterborne freight at any place by any such person by
means of any independent contractor, or any other agent  other  than  an
employee,  unless  such  independent contractor is a person permitted by
this article to load or unload such freight at such  place  in  his  own
right.

                              ARTICLE VIII
                              LONGSHOREMEN

  1.  The  commission shall establish a longshoremen's register in which
shall be included all qualified longshoremen  eligible,  as  hereinafter
provided, for employment as such in the port of New York district. On or
after the first day of December, nineteen hundred fifty-three, no person
shall  act as a longshoreman within the port of New York district unless
at the time he is included in the longshoremen's register, and no person
shall employ another to work as a longshoreman within the  port  of  New
York  district  unless  at the time such other person is included in the
longshoremen's register.
  2. Any person applying for inclusion in  the  longshoremen's  register
shall  file  at  such  place  and in such manner as the commission shall
designate a written statement,  signed  and  verified  by  such  person,
setting  forth his full name, residence address, social security number,
and such further facts and evidence as the commission may  prescribe  to
establish the identity of such person and his criminal record, if any.
  3. The commission may in its discretion deny application for inclusion
in the longshoremen's register by a person
  (a)  Who  has  been  convicted  by a court of the United States or any
state or territory  thereof,  without  subsequent  pardon,  of  treason,
murder,  manslaughter  or of any felony or high misdemeanor or of any of
the misdemeanors or offenses described in  subdivision  (b)  of  section
three of article V of this compact or of attempt or conspiracy to commit
any of such crimes;
  (b)  Who  knowingly  or  willingly advocates the desirability of over-
throwing or destroying the government of the United States by  force  or
violence or who shall be a member of a group which advocates such desir-
ability knowing the purposes of such group include such advocacy;
  (c)  Whose  presence at the piers or other waterfront terminals in the
port of New York district is found by the commission on the basis of the
facts and evidence before it, to constitute a danger to the public peace
or safety.
  4. Unless the commission shall determine to exclude the applicant from
the longshoremen's register on a ground set forth in  section  three  of
this  article  it shall include such person in the longshoremen's regis-
ter. The commission may permit temporary registration of  any  applicant
under the provisions of this article pending final action on an applica-
tion  made for such registration.  Any such temporary registration shall
be valid for a period not in excess of thirty days.
  5. The commission shall  have  power  to  reprimand  any  longshoreman
registered  under  this article or to remove him from the longshoremen's

S. 3353                            40

register for such period of time as it deems in the public interest  for
any of any following offenses:
  (a)  Conviction of a crime or other cause which would permit disquali-
fication of such person from inclusion in  the  longshoremen's  register
upon original application;
  (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
longshoremen's register;
  (c) Transfer or surrender of possession to any person either temporar-
ily or permanently of any card or other means of  identification  issued
by  the commission as evidence of inclusion in the longshoremen's regis-
ter, without satisfactory explanation;
  (d) False impersonation of another longshoreman registered under  this
article or of another person licensed under this compact;
  (e) Wilful commission of or wilful attempt to commit at or on a water-
front  terminal  or  adjacent  highway any act of physical injury to any
other person or of wilful damage to or  misappropriation  of  any  other
person's property, unless justified or excused by law;  and
  (f)  Any  other offense described in subdivisions (c) to (f) inclusive
of section seven of article V of this compact.
  6. The commission shall have the right to recover  possession  of  any
card or other means of identification issued as evidence of inclusion in
the  longshoremen's  register  in  the event that the holder thereof has
been removed from the longshoremen's register.
  7. Nothing contained in this article shall be construed  to  limit  in
any way any rights of labor reserved by article XV of this compact.

                               ARTICLE IX
               REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT

  1. On or after the first day of December, nineteen hundred fifty-four,
the   commission   shall,   at   regular   intervals,  remove  from  the
longshoremen's register any person who shall have been registered for at
least nine months and who shall have failed  during  the  preceding  six
calendar  months  either to have worked as a longshoreman in the port of
New York district or to have applied for employment as a longshoreman at
an employment information center established under article XII  of  this
compact  for  such minimum number of days as shall have been established
by the commission pursuant to section two of this article.
  2. On or before the first day of June, nineteen hundred fifty-four and
on or before each succeeding first day of June or December, the  commis-
sion  shall,  for the purposes of section one of this article, establish
for the six-month period beginning on each such date a minimum number of
days and the distribution of such days during such period.
  3. In establishing any such minimum number  of  days  or  period,  the
commission shall observe the following standards:
  (a)  To  encourage  as  far  as  practicable the regularization of the
employment of longshoremen;
  (b) To bring the number of eligible  longshoremen  more  closely  into
balance  with  the demand for longshoremen's services within the port of
New York district without reducing the number of  eligible  longshoremen
below  that  necessary  to  meet the requirements of longshoremen in the
port of New York district;
  (c) To eliminate oppressive and evil hiring practices affecting  long-
shoremen and waterborne commerce in the port of New York district;
  (d)  To  eliminate  unlawful  practices injurious to waterfront labor;
and

S. 3353                            41

  (e) To establish hiring practices and conditions which will permit the
termination of governmental regulation and intervention at the  earliest
opportunity.
  4.  A longshoreman who has been removed from the longshoremen's regis-
ter pursuant to this article may seek reinstatement upon fulfilling  the
same  requirements as for initial inclusion in the longshoremen's regis-
ter, but not before the expiration of one year from the date of removal,
except that immediate reinstatement shall be made  upon  proper  showing
that  the  registrant's  failure  to  work or apply for work the minimum
number of days above described was caused by the fact  that  the  regis-
trant  was  engaged  in the military service of the United States or was
incapacitated by ill health, physical injury, or other good cause.
  5. Notwithstanding any other provision of this article, the commission
shall at any time have the power to register longshoremen on a temporary
basis to meet special or emergency needs.

                                ARTICLE X
                              PORT WATCHMEN

  1. On or after the first day  of  December,  nineteen  hundred  fifty-
three,  no  person  shall  act as a port watchman within the port of New
York district without first having obtained a license from  the  commis-
sion, and no person shall employ a port watchman who is not so licensed.
  2. A license to act as a port watchman shall be issued only upon writ-
ten application, duly verified, which shall state the following:
  (a)  The  full  name,  residence, business address (if any), place and
date of birth and social security number of the applicant;
  (b) The present and previous occupations of the  applicant,  including
the places where he was employed and the names of his employers;
  (c) The citizenship of the applicant and, if he is a naturalized citi-
zen of the United States, the court and date of his naturalization;  and
  (d)  Such further facts and evidence as may be required by the commis-
sion to ascertain the character, integrity and identity  of  the  appli-
cant.
  3. No such license shall be granted
  (a)  Unless  the  commission  shall  be  satisfied  that the applicant
possesses good character and integrity;
  (b) If the applicant has, without subsequent pardon, been convicted by
a court of the United States or of any state or territory thereof of the
commission of, or the attempt or conspiracy to commit, treason,  murder,
manslaughter  or  any felony or high misdemeanor or any of the misdemea-
nors or offenses described in subdivision (b) of section three of  arti-
cle V of this compact;
  (c) Unless the applicant shall meet such reasonable standards of phys-
ical and mental fitness for the discharge of his duties as may from time
to time be established by the commission;
  (d) If the applicant shall be a member of any labor organization which
represents  longshoremen  or  pier superintendents or hiring agents; but
nothing in this article shall be deemed to prohibit port  watchmen  from
being  represented by a labor organization or organizations which do not
also represent longshoremen or pier superintendents  or  hiring  agents.
The  American  Federation of Labor, the Congress of Industrial Organiza-
tions and any other similar federation, congress or  other  organization
of  national or international occupational or industrial labor organiza-
tions shall not be considered an  organization  which  represents  long-
shoremen  or pier superintendents or hiring agents within the meaning of

S. 3353                            42

this section although one of the federated or constituent  labor  organ-
izations  thereof  may represent longshoremen or pier superintendents or
hiring agents;
  (e)  If the applicant knowingly or wilfully advocates the desirability
of overthrowing or destroying the government of  the  United  States  by
force  or  violence or shall be a member of a group which advocates such
desirability, knowing the purposes of such group include such advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possesses the qualifications and requirements prescribed by this article
and  regulations issued pursuant thereto, the commission shall issue and
deliver a license to the applicant.  The commission may issue  a  tempo-
rary  permit to any applicant for a license under the provisions of this
article pending final action on an application made for such a  license.
Any  such  permit  shall  be  valid for a period not in excess of thirty
days.
  5. A license granted pursuant to this article  shall  continue  for  a
term  of  three  years.   A license may be renewed by the commission for
successive three-year periods upon fulfilling the same  requirements  as
are set forth in this article for an original application.
  6.  Any  license  issued  pursuant  to  this article may be revoked or
suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of  the  following
offenses:
  (a) Conviction of a crime or other cause which would permit or require
his disqualification from receiving a license upon original application;
  (b) Fraud, deceit or misrepresentation in securing the license;  and
  (c) Any other offense described in subdivisions (c) to (i), inclusive,
of section seven of article V of this compact.

                               ARTICLE XI
                   HEARINGS, DETERMINATIONS AND REVIEW

  1.  The  commission  shall  not  deny any application for a license or
registration  without  giving  the  applicant  or  prospective  licensee
reasonable prior notice and an opportunity to be heard.
  2.   Any   application   for   a  license  or  for  inclusion  in  the
longshoremen's register, and any license issued  or  registration  made,
may be denied, revoked, cancelled, suspended as the case may be, only in
the manner prescribed in this article.
  3.  The  commission  may  on its own initiative or on complaint of any
person, including any public official or agency,  institute  proceedings
to revoke, cancel or suspend any license or registration after a hearing
at which the licensee or registrant and any person making such complaint
shall  be  given  an opportunity to be heard, provided that any order of
the commission revoking, cancelling or suspending any license or  regis-
tration  shall not become effective until fifteen days subsequent to the
serving of notice thereof upon the licensee or registrant unless in  the
opinion of the commission the continuance of the license or registration
for such period would be inimicable to the public peace or safety.  Such
hearings  shall  be  held  in such manner and upon such notice as may be
prescribed by the rules of the commission, but such notice shall  be  of
not less than ten days and shall state the nature of the complaint.
  4. Pending the determination of such hearing pursuant to section three
of  this  article  the  commission  may temporarily suspend a license or

S. 3353                            43

registration if in the opinion of the commission the continuance of  the
license  or  registration  for  such  period is inimicable to the public
peace or safety.
  5.  The  commission, or such member, officer, employee or agent of the
commission as may be designated by  the  commission  for  such  purpose,
shall  have  the  power  to  issue subpoenas to compel the attendance of
witnesses and the giving of testimony or production  of  other  evidence
and to administer oaths in connection with any such hearing. It shall be
the  duty  of the commission or of any such member, officer, employee or
agent of the commission designated by the commission for such purpose to
issue subpoenas at the request of  and  upon  behalf  of  the  licensee,
registrant  or  applicant.  The commission or such person conducting the
hearing shall not be bound by common law or statutory rules of  evidence
or  by  technical  or  formal  rules of procedure in the conduct of such
hearing.
  6. Upon the conclusion of the hearing, the commission shall take  such
action upon such findings and determination as it deems proper and shall
execute  an order carrying such findings into effect.  The action in the
case of an application for a license or registration shall be the grant-
ing or denial thereof.  The action in the case of a  licensee  shall  be
revocation  of  the  license or suspension thereof for a fixed period or
reprimand or a dismissal of the charges.  The action in the  case  of  a
registered  longshoreman shall be dismissal of the charges, reprimand or
removal from the longshoremen's register for a fixed  period  or  perma-
nently.
  7.  The  action  of  the  commission  in denying any application for a
license or in refusing to  include  any  person  in  the  longshoremen's
register under this compact or in suspending or revoking such license or
removing  any person from the longshoremen's register or in reprimanding
a licensee or registrant shall  be  subject  to  judicial  review  by  a
proceeding  instituted in either state at the instance of the applicant,
licensee or registrant in the manner provided by the law of  such  state
for review of the final decision or action of administrative agencies of
such  state, provided, however, that notwithstanding any other provision
of law the court shall have power to stay for not more than thirty  days
an  order of the commission suspending or revoking a license or removing
a longshoreman from the longshoremen's register.

                               ARTICLE XII
                     EMPLOYMENT INFORMATION CENTERS

  1. The states of New York and New Jersey hereby find and declare  that
the  method  of employment of longshoremen and port watchmen in the port
of New York district, commonly known as the "shape-up", has resulted  in
vicious  and  notorious  abuses,  of  which such employees have been the
principal victims.  There is compelling evidence that the "shape-up" has
permitted and encouraged extortion from employees as the price of secur-
ing or retaining employment and has subjected such employees to  threats
of  violence,  unwilling  joinder in unauthorized labor disturbances and
criminal activities on the waterfront.  The "shape-up" has thus resulted
in a loss of fundamental rights and liberties of labor, has impaired the
economic stability of the port of New York  district  and  weakened  law
enforcement  therein.  It is the sense of the legislatures of the states
of New York and New Jersey that these practices and conditions  must  be
eliminated to prevent grave injury to the welfare of waterfront laborers
and  of  the  people at large and that the elimination of the "shape-up"

S. 3353                            44

and the establishment of a system of employment information centers  are
necessary to a solution of these public problems.
  2.  The commission shall establish and maintain one or more employment
information centers in each state within the port of New  York  district
at  such  locations  as it may determine.   No person shall, directly or
indirectly, hire any person for work as a longshoreman or port  watchman
within  the  port  of  New York district, except through such particular
employment information center or centers as may  be  prescribed  by  the
commission.   No person shall accept any employment as a longshoreman or
port watchman within the port of New York district, except through  such
an  employment  information center.  At each such employment information
center the commission shall keep and exhibit the longshoremen's register
and any other records it shall determine to the  end  that  longshoremen
and  port  watchmen  shall  have the maximum information as to available
employment as such at any time within the port of New York district  and
to  the  end  that  employers shall have an adequate opportunity to fill
their requirements of registered longshoremen and port watchmen  at  all
times.
  3.  Every employer of longshoremen or port watchmen within the port of
New York district shall furnish such information as may be  required  by
the  rules  and  regulations prescribed by the commission with regard to
the name of each person hired as a longshoreman or  port  watchman,  the
time  and  place  of  hiring, the time, place and hours of work, and the
compensation therefor.
  4. All wage payments to longshoremen or port watchmen for work as such
shall be made by check or cash evidenced by a written voucher  receipted
by  the person to whom such cash is paid. The commission may arrange for
the provision of facilities for cashing such checks.

                              ARTICLE XIII
                       EXPENSES OF ADMINISTRATION

  1. By concurrent legislation enacted by their respective legislatures,
the two states may provide from time to time  for  meeting  the  commis-
sion's  expenses.    Until  other  provision shall be made, such expense
shall be met as authorized in this article.
  2. The commission shall annually adopt a budget of  its  expenses  for
each  year.   Each budget shall be submitted to the governors of the two
states and shall take effect as submitted provided that either  governor
may  within  thirty days disapprove or reduce any item or items, and the
budget shall be adjusted accordingly.
  3. After taking into account such funds as may be available to it from
reserves, federal grants or otherwise, the balance of  the  commission's
budgeted expenses shall be assessed upon employers of persons registered
or  licensed  under  this  compact.  Each such employer shall pay to the
commission as assessment computed upon the gross payroll  payments  made
by  such  employer  to longshoremen, pier superintendents, hiring agents
and port watchmen for work or labor performed within  the  port  of  New
York district, at a rate, not in excess of two per cent, computed by the
commission  in the following manner; the commission shall annually esti-
mate the gross payroll payments to  be  made  by  employers  subject  to
assessment  and  shall  compute a rate thereon which will yield revenues
sufficient to finance the commission's budget for each year.  Such budg-
et may include a reasonable amount for a reserve but such  amount  shall
not  exceed  ten per cent of the total of all other items of expenditure
contained therein.  Such reserve shall be used for the stabilization  of

S. 3353                            45

annual assessments, the payment of operating deficits and for the repay-
ment of advances made by the two states.
  4.  The  amount required to balance the commission's budget, in excess
of the estimated yield of the maximum assessment, shall be certified  by
the  commission,  with  the approval of the respective governors, to the
legislatures of the two states, in proportion to the gross  annual  wage
payments  made to longshoremen for work in each state within the port of
New York district.  The legislatures shall annually appropriate  to  the
commission the amount so certified.
  5.  The  commission  may  provide by regulation for the collection and
auditing of assessments.  Such assessments hereunder  shall  be  payable
pursuant  to such provisions for administration, collection and enforce-
ment as the states may provide by concurrent legislation.   In  addition
to  any  other  sanction  provided  by law, the commission may revoke or
suspend any license held by any person under this compact, or his privi-
lege of employing persons registered or licensed hereunder, for non-pay-
ment of any assessment when due.
  6. The assessment hereunder shall be in lieu of any other  charge  for
the  issuance  of  licenses  to stevedores, pier superintendents, hiring
agents and pier watchmen or for the registration of longshoremen or  the
use of an employment information center.  The commission shall establish
reasonable  procedures  for  the  consideration  of protests by affected
employers concerning the  estimates  and  computation  of  the  rate  of
assessment.

                               ARTICLE XIV
               GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES

  1.  The  failure  of any witness, when duly subpoenaed to attend, give
testimony or produce other evidence, whether or not at a hearing,  shall
be  punishable by the superior court in New Jersey and the supreme court
in New York in the same manner as said failure  is  punishable  by  such
court in a case therein pending.
  2.  Any  person who, having been sworn or affirmed as a witness in any
such hearing, shall wilfully give false testimony or who shall  wilfully
make  or  file  any  false or fraudulent report or statement required by
this compact to be made or filed under oath, shall be guilty of a misde-
meanor, punishable by a fine of not more than one  thousand  dollars  or
imprisonment for not more than one year or both.
  3.  Any  person  who  violates or attempts or conspires to violate any
other provision of this compact shall be punishable as may  be  provided
by the two states by action of the legislature of either state concurred
in by the legislature of the other.
  4.  Any person who interferes with or impedes the orderly registration
of longshoremen pursuant to this compact or who conspires to or attempts
to interfere with or impede such registration shall be punishable as may
be provided by the two states by action of  the  legislature  of  either
state concurred in by the legislature of the other.
  5.  Any  person  who  directly  or indirectly inflicts or threatens to
inflict any injury, damage, harm or loss or in any  other  manner  prac-
tices  intimidation  upon  or  against  any person in order to induce or
compel such person or any  other  person  to  refrain  from  registering
pursuant  to  this compact shall be punishable as may be provided by the
two states by action of the legislature of either state concurred in  by
the legislature of the other.

S. 3353                            46

  6.  In  any  prosecution under this compact, it shall be sufficient to
prove only a single act (or a single holding out or attempt)  prohibited
by law, without having to prove a general course of conduct, in order to
prove a violation.

                               ARTICLE XV
                    COLLECTIVE BARGAINING SAFEGUARDED

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

                               ARTICLE XVI
                  AMENDMENTS; CONSTRUCTION; SHORT TITLE

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

  S 2. Expenses of administration.   1.  Every  person  subject  to  the
payment of any assessment under the provisions of section three of arti-
cle XIII of the compact established by part I of this article shall file
on or before the fifteenth day of the first month of each calendar quar-
ter-year  a separate return, together with the payment of the assessment
due, for the preceding calendar quarter-year during  which  any  payroll
payments  were made to longshoremen, pier superintendents, hiring agents

S. 3353                            47

or port watchmen  for  work  performed  as  such  within  the  district.
Returns  covering  the  amount of assessment payable shall be filed with
the commission on forms to be  furnished  for  such  purpose  and  shall
contain  such  data, information or matter as the commission may require
to be included therein.  The commission may grant a reasonable extension
of time for filing returns, or for the payment of  assessment,  whenever
good  cause  exists.   Every return shall have annexed thereto a certif-
ication to the effect that the statements contained therein are true.
  2. Every person subject to the payment of assessment  hereunder  shall
keep  an  accurate record of his employment of longshoremen, pier super-
intendents, hiring agents or port watchmen, which shall show the  amount
of  compensation  paid  and such other information as the commission may
require.  Such records shall be preserved for a period  of  three  years
and  be  open  for  inspection at reasonable times.   The commission may
consent to the destruction of any such records at any  time  after  said
period or may require that they be kept longer, but not in excess of six
years.
  3.  (a) The commission shall audit and determine the amount of assess-
ment due from the return filed and such other information as  is  avail-
able  to  it.    Whenever  a  deficiency in payment of the assessment is
determined the commission shall give notice of any such determination to
the person liable  therefor.    Such  determination  shall  finally  and
conclusively  fix  the  amount due, unless the person against whom it is
assessed shall, within thirty days after the giving of  notice  of  such
determination,  apply  in  writing  to  the commission for a hearing, or
unless the commission on its own motion shall reduce the  same.    After
such  hearing,  the  commission shall give notice of its decision to the
person liable therefor.  A determination of the  commission  under  this
section  shall  be  subject  to judicial review, if application for such
review is made within thirty days after the giving  of  notice  of  such
decision.    Any  determination  under this section shall be made within
five years from the time the return was filed and if no return was filed
such determination may be made at any time.
  (b) Any notice authorized or required under this section may be  given
by  mailing  the  same to the person for whom it is intended at the last
address given by him to the commission, or in the last return  filed  by
him  with  the  commission under this section, or, if no return has been
filed then to such address as may be obtainable.   The mailing  of  such
notice  shall  be  presumptive  evidence  of  the receipt of same by the
person to whom addressed.   Any period  of  time,  which  is  determined
according  to  the  provision  of this section, for the giving of notice
shall commence to run from the date of mailing of such notice.
  4. Whenever any person shall fail to  pay,  within  the  time  limited
herein,  any  assessment  which  he is required to pay to the commission
under the provisions of this section the commission may enforce  payment
of  such  fee  by  civil  action  for the amount of such assessment with
interest and penalties.
  5. The employment by a nonresident of a longshoreman,  or  a  licensed
pier  superintendent,  hiring  agent or port watchman in either state or
the designation by a nonresident of a longshoreman, pier superintendent,
hiring agent or port watchman to perform work in  such  state  shall  be
deemed equivalent to an appointment by such nonresident of the secretary
of  state of such state to be his true and lawful attorney upon whom may
be served the process in any action or proceeding  against  him  growing
out  of  any  liability  for  assessments,  penalties or interest, and a
consent that any such process against him which is so served shall be of

S. 3353                            48

the same legal force and validity as if served on him personally  within
such  state  and  within  the territorial jurisdiction of the court from
which the process issues.  Service of process within either state  shall
be  made  by  either  (1)  personally delivering to and leaving with the
secretary of state or a deputy secretary of state of such  state  dupli-
cate  copies  thereof  at  the  office of the department of state in the
capitol city of such state, in which event such secretary of state shall
forthwith send by registered mail one of such copies to  the  person  at
the  last  address  designated  by him to the commission for any purpose
under this section or in the last return filed by him under this section
with the commission or as shown on the records of the commission, or  if
no  return  has  been filed, at  his last known office address within or
without such state, or (2) personally delivering to and leaving with the
secretary of state or a deputy secretary of state of such state  a  copy
thereof  at the office of the department of state in the capitol city of
such state and by delivering a copy thereof to  the  person,  personally
without  such state.   Proof of such personal service without such state
shall be filed with the clerk of the court in which the process is pend-
ing within thirty days after such service  and  such  service  shall  be
complete ten days after proof thereof is filed.
  6. Whenever the commission shall determine that any moneys received as
assessments  were  paid  in error, it may cause the same to be refunded,
provided an application therefor is filed with the commission within two
years from the time the erroneous payment was made.
  7. In addition to any other powers authorized hereunder,  the  commis-
sion shall have power to make reasonable rules and regulations to effec-
tuate the purposes of this section.
  8. When any person shall wilfully fail to pay any assessment due here-
under  he shall be assessed interest at a rate of one per cent per month
on the amount due and unpaid and penalties  of  five  per  cent  of  the
amount  due  for  each  thirty  days or part thereof that the assessment
remains unpaid.  The commission, may, for good cause shown, abate all or
part of such penalty.
  9. Any person who shall wilfully furnish false or fraudulent  informa-
tion  or  shall  wilfully  fail  to  furnish  pertinent  information, as
required, with respect to the amount of assessment due, shall be  guilty
of  a  misdemeanor,  punishable  by a fine of not more than one thousand
dollars, or imprisonment for not more than one year, or both.
  10. All funds of the commission shall be deposited with such responsi-
ble banks or trust companies as may be  designated  by  the  commission.
The  commission  may  require that all such deposits be secured by obli-
gations of the United States or of the states of New York or New  Jersey
of  a market value equal at all times to the amount of the deposits, and
all banks and trust companies are authorized to give such  security  for
such deposits.  The moneys so deposited shall be withdrawn only by check
signed  by  both  members of the commission or by such other officers or
employees of the commission as it may from time to time designate.
  11. The accounts, books and records of the commission,  including  its
receipts,  disbursements,  contracts,  leases, investments and any other
matters relating to its financial standing shall be examined and audited
annually by independent auditors to be retained for such purpose by  the
commission.
  S  3. The commission shall reimburse each state for any funds advanced
to the commission exclusive of sums  appropriated  pursuant  to  section
four  of  article  XIII  of the compact established by part I of of this
article.

S. 3353                            49

  S 4. Penalties.  Any person who shall violate any of the provisions of
the compact or of section two of this part for which no other penalty is
prescribed shall be guilty of a misdemeanor, punishable by a fine of not
more than five hundred dollars or by imprisonment for not more than  one
year, or both.
  S  5.  Federal funds.  1. The waterfront commission of New York harbor
is hereby designated on its own behalf or as agent of the state  of  New
York and the state of New Jersey, as provided by the act of the congress
of  the  United  States,  effective June sixth, nineteen hundred thirty-
three, entitled "An act to provide for the establishment of  a  national
employment  system  and for cooperating with the states in the promotion
of such system and for other purposes" as amended, for  the  purpose  of
obtaining  such  benefits  of  such  act of congress as are necessary or
appropriate to the establishment and operation of employment information
centers authorized by section one of this article.
  2. The commission shall have all powers necessary  to  cooperate  with
appropriate  officers  or agencies of either state or the United States,
to take such steps,  to  formulate  such  plans,  and  to  execute  such
projects  (including  but not limited to the establishment and operation
of employment information centers) as may be necessary  to  obtain  such
benefits  for  the  operations  of  the  commission in accomplishing the
purposes of this article.
  3. The officer or agency heretofore designated  by  each  of  the  two
states  pursuant  to  said  act  of June sixth, nineteen hundred thirty-
three, as amended, is authorized and empowered, upon the request of  the
commission  and  subject  to  its  direction, to exercise the powers and
duties conferred upon the commission by the provisions of this section.
  S 5-a. Supplementary definitions.  As used in the compact  established
by part I of this article:
  1.  "Stevedore" shall also include (a) contractors engaged for compen-
sation pursuant to a contract or arrangement with the United States, any
state or territory thereof, or any department, division, board,  commis-
sion  or  authority  of  one or more of the foregoing, in moving freight
carried or consigned for carriage between any point in the port  of  New
York  district  and  a  point outside said district on vessels of such a
public agency berthed at piers, on  piers  at  which  such  vessels  are
berthed or at other waterfront terminals, or
  (b)  contractors  (not  including  employees) engaged for compensation
pursuant to a contract or arrangement with any person to  perform  labor
or  services incidental to the movement of waterborne freight on vessels
berthed at piers, on piers or at other waterfront terminals,  including,
but  not  limited to, cargo storage, cargo repairing, coopering, general
maintenance,  mechanical  and  miscellaneous  work,  horse  and   cattle
fitting, grain ceiling, and marine carpentry, or
  (c)  contractors  (not  including  employees) engaged for compensation
pursuant to a contract or arrangement with any other person  to  perform
labor  or  services involving, or incidental to, the movement of freight
into or out of containers (which have been or which will be carried by a
carrier of freight by water) on vessels berthed at piers, on piers or at
other waterfront terminals.
  2. "Waterborne freight" shall also include freight described in  para-
graphs (a) and (c) of subdivision one of this section and in subdivision
ten  of  this  section and ships' stores, baggage and mail carried by or
consigned for carriage by carriers of freight by water.
  3. "Court of the United States" shall mean all  courts  enumerated  in
section  four  hundred  fifty-one  of  title  twenty-eight of the United

S. 3353                            50

States code and the courts-martial of the armed  forces  of  the  United
States.
  4.  "Witness"  shall mean any person whose testimony is desired in any
investigation, interview or other proceeding conducted by the commission
pursuant to the provisions of this article.
  5. "Checker" shall mean a longshoreman who is employed  to  engage  in
direct  and immediate checking of waterborne freight or of the custodial
accounting therefor or in the  recording  or  tabulation  of  the  hours
worked  at  piers  or  other  waterfront  terminals  by  natural persons
employed by carriers of freight by water or stevedores.
  6. "Longshoreman" shall also include a natural person,  other  than  a
hiring  agent,  who  is  employed for work at a pier or other waterfront
terminal:
  (a) either by a carrier of freight by water or by  a  stevedore  phys-
ically to perform labor or services incidental to the movement of water-
borne  freight  on vessels berthed at piers, on piers or at other water-
front  terminals,  including,  but  not  limited  to,  cargo  repairmen,
coopers,  general maintenance men, mechanical and miscellaneous workers,
horse and cattle fitters, grain ceilers and marine carpenters, or
  (b) by any person physically to move waterborne freight to or  from  a
barge,  lighter  or  railroad  car for transfer to or from a vessel of a
carrier of freight by water which is,  shall  be,  or  shall  have  been
berthed at the same pier or other waterfront terminal, or
  (c)  by  any  person  to perform labor or services involving, or inci-
dental to, the movement of freight at a waterfront terminal  as  defined
in subdivision ten of this section.
  7.  "Compact"  shall also include any amendments or supplements to the
waterfront commission compact to implement the purposes thereof  adopted
by  the action of the legislature of either the state of New York or the
state of New Jersey concurred in by the legislature of the other and  as
established by part I of this article.
  8. The term "select any longshoreman for employment" in the definition
of  a  hiring  agent in this act shall include selection of a person for
the commencement or continuation of employment as a longshoreman, or the
denial or termination of employment as a longshoreman.
  9. "Hiring agent" shall also include any natural person, who on behalf
of any other person shall select any longshoreman for employment.
  10. "Other waterfront terminal"  shall  also  include  any  warehouse,
depot  or  other terminal (other than a pier), whether enclosed or open,
which is located in a marine terminal in the port of New  York  district
and any part of which is used by any person to perform labor or services
involving,  or  incidental  to,  the  movement  of waterborne freight or
freight.
  As used in  this  section,  "marine  terminal"  means  an  area  which
includes  piers,  which  is  used primarily for the moving, warehousing,
distributing or packing of waterborne freight or freight to or from such
piers, and which, inclusive of such piers, is under common ownership  or
control;  "freight" means freight which has been, or will be, carried by
or  consigned  for  carriage  by  a  carrier  of freight by water;   and
"container" means any receptacle, box, carton or crate which is  specif-
ically  designed  and  constructed so that it may be repeatedly used for
the carriage of freight by a carrier of freight by water.
  Whenever, as a result of legislative amendments to this article or  of
a  ruling  by the commission, registration as a longshoreman is required
for any person to continue in  his  employment,  such  person  shall  be
registered as a longshoreman without regard to the provisions of section

S. 3353                            51

five-p  of  this part, provided, however, that such person satisfies all
the other requirements of this article for registration as a  longshore-
man.
  S 5-b. Additional powers of the commission.  In addition to the powers
and  duties  elsewhere  described  in this article, the commission shall
have the following powers:
  1. To issue temporary permits and permit temporary registrations under
such terms and conditions as the commission may prescribe which shall be
valid for a period to be fixed by the commission not in  excess  of  six
months.
  2.  To  require  any  applicant  for  a license or registration or any
prospective licensee to furnish such facts and evidence as  the  commis-
sion  may deem appropriate to enable it to ascertain whether the license
or registration should be granted.
  3. In any case in which the commission has the power to revoke, cancel
or suspend any stevedore license the  commission  shall  also  have  the
power  to  impose  as an alternative to such revocation, cancellation or
suspension, a penalty, which the  licensee  may  elect  to  pay  to  the
commission  in  lieu  of the revocation, cancellation or suspension. The
maximum penalty  shall  be  five  thousand  dollars  for  each  separate
offense.  The commission may, for good cause shown, abate all or part of
such penalty.
  4. To designate any officer, agent or employee of the commission to be
an  investigator  who  shall be vested with all the powers of a peace or
police officer of the state of New York in that state, and of the  state
of New Jersey in that state.
  5. To confer immunity, in the following manner:  In any investigation,
interview  or other proceeding conducted under oath by the commission or
any duly authorized officer, employee or  agent  thereof,  if  a  person
refuses  to  answer  a question or produce evidence of any other kind on
the ground that he may be  incriminated  thereby,  and,  notwithstanding
such  refusal,  an  order  is  made upon twenty-four hours prior written
notice to the appropriate attorney general of the state of New  York  or
the  state  of  New  Jersey, and to the appropriate district attorney or
prosecutor having an official interest therein, by the unanimous vote of
both members of the commission or their designees appointed pursuant  to
the  provisions  of  section  three of article III of the compact estab-
lished by part I of this article, that such person answer  the  question
or  produce  the  evidence, such person shall comply with the order.  If
such person complies with the order, and if, but for  this  subdivision,
he  would  have  been  privileged  to  withhold  the answer given or the
evidence produced by him, then immunity shall be conferred upon him,  as
provided for herein.
  "Immunity"  as  used  in this subdivision means that such person shall
not be prosecuted or subjected to any penalty or forfeiture  for  or  on
account of any transaction, matter or thing concerning which, in accord-
ance with the order by the unanimous vote of both members of the commis-
sion  or their designees appointed pursuant to the provisions of section
three of article III of the compact established by part I of this  arti-
cle,  he gave answer or produced evidence, and that no such answer given
or evidence produced shall be received against  him  upon  any  criminal
proceeding.    But  he  may  nevertheless  be prosecuted or subjected to
penalty or forfeiture for any perjury or contempt committed  in  answer-
ing,  or  failing  to  answer,  or  in  producing  or failing to produce
evidence, in accordance with the order, and any  such  answer  given  or

S. 3353                            52

evidence  produced  shall  be  admissible  against him upon any criminal
proceeding concerning such perjury or contempt.
  Immunity  shall  not be conferred upon any person except in accordance
with the provisions of this subdivision.  If, after compliance with  the
provisions of this subdivision, a person is ordered to answer a question
or  produce evidence of any other kind and complies with such order, and
it is thereafter determined that the  appropriate  attorney  general  or
district  attorney or prosecutor having an official interest therein was
not notified, such failure or neglect shall not deprive such  person  of
any immunity otherwise properly conferred upon him.
  6.  To  require  any applicant for registration as a longshoreman, any
applicant for registration as a checker or any applicant  for  registra-
tion  as  a  telecommunications  system controller and any person who is
sponsored for a license as a pier superintendent or  hiring  agent,  any
person  who  is  an  individual  owner  of an applicant stevedore or any
persons who are individual partners of an applicant  stevedore,  or  any
officers,  directors  or stockholders owning five percent or more of any
of the stock of an applicant corporate stevedore or any applicant for  a
license as a port watchman or any other category of applicant for regis-
tration  or  licensing by law within the commission's jurisdiction to be
fingerprinted by the commission.
  6-a. To require any applicant for registration as a longshoreman,  any
applicant  for  registration as a checker or any applicant for registra-
tion as a telecommunications system controller and  any  person  who  is
sponsored  for  a  license as a pier superintendent or hiring agent, any
person who is an individual owner  of  an  applicant  stevedore  or  any
persons  who  are  individual partners of an applicant stevedore, or any
officers, directors or stockholders owning five percent or more  of  any
of  the stock of an applicant corporate stevedore or any applicant for a
license as a port watchman or any other category of applicant for regis-
tration or licensing by law within  the  commission's  jurisdiction  who
has:  previously  applied and had an application denied upon submission;
been removed from registration; or, had a license suspended, or  revoked
and  is reapplying for registration or licensing within the commission's
jurisdiction to be fingerprinted by the commission.
  7. To exchange fingerprint data with and receive state criminal histo-
ry record information from the division of criminal justice services, as
defined in subdivision one of section three thousand thirty-five of  the
education  law, and federal criminal history record information from the
federal bureau of investigation for use  in  making  the  determinations
required by this article.
  8.  Notwithstanding  any  other  provision  of law to the contrary, to
require any  applicant  for  employment  by  the  commission  or  person
described  in  subdivision six-a of this section to be fingerprinted and
to exchange fingerprint data with and  receive  state  criminal  history
record  information  from  the division of criminal justice services, as
defined in subdivision one of section three thousand thirty-five of  the
education law, and federal criminal history information from the federal
bureau  of investigation for the purposes of this subdivision and subdi-
visions six, six-a and seven of this section.
  S 5-c. Regularization of longshoremen's employment.  1.  Notwithstand-
ing  any  other  provisions  of article IX of the compact established by
part I of this article, the commission shall have the  power  to  remove
from  the  longshoremen's  register  any person (including those persons
registered as longshoremen for less than nine  months)  who  shall  have
failed to have worked as a longshoreman in the port of New York district

S. 3353                            53

for  such  minimum  number of days during a period of time as shall have
been established by the commission. In administering this  section,  the
commission,  in its discretion, may count applications for employment as
a  longshoreman  at  an  employment information center established under
article XII of the compact established by part  I  of  this  article  as
constituting  actual work as a longshoreman, provided, however, that the
commission shall count as actual work the compensation received  by  any
longshoreman  pursuant  to the guaranteed wage provisions of any collec-
tive  bargaining  agreement  relating  to  longshoremen.  Prior  to  the
commencement  of any period of time established by the commission pursu-
ant to this section, the commission shall establish for such period  the
minimum  number  of  days  of work required and the distribution of such
days during such period and shall also determine whether or not applica-
tion for employment as a longshoreman shall be counted  as  constituting
actual  work as a longshoreman. The commission may classify longshoremen
according to length of service as a longshoreman and such other criteria
as may be reasonable and necessary to carry out the provisions  of  this
article.    The commission shall have the power to vary the requirements
of this section with respect to their application to the various classi-
fications of longshoremen. In administering this section, the commission
shall observe the standards set forth in section five-p  of  this  part.
Nothing  in this section shall be construed to modify, limit or restrict
in any way any of the rights protected by  article  XV  of  the  compact
established by part I of this article.
  S  5-d. Additional violations.  Any person who, having been duly sworn
or affirmed as a  witness  in  any  investigation,  interview  or  other
proceeding  conducted  by  the  commission pursuant to the provisions of
this article, shall wilfully give false testimony shall be guilty  of  a
misdemeanor  punishable  by a fine of not more than one thousand dollars
or imprisonment for not more than one year or both.
  S 5-g. Hearings.  1. At hearings conducted by the commission  pursuant
to  article  XI  of  the  compact established by part I of this article,
applicants, prospective licensees, licensees and registrants shall  have
the right to be accompanied and represented by counsel.
  2.  After  the  conclusion  of a hearing but prior to the making of an
order by the commission,  a  hearing  may,  upon  petition  and  in  the
discretion  of  the hearing officer, be reopened for the presentation of
additional evidence.  Such petition to reopen the hearing shall state in
detail the nature of the additional evidence, together with the  reasons
for  the  failure to submit such evidence prior to the conclusion of the
hearing.  The commission may upon its own  motion  and  upon  reasonable
notice reopen a hearing for the presentation of additional evidence.
  Upon petition, after the making of an order of the commission, rehear-
ing may be granted in the discretion of the commission.  Such a petition
for  rehearing shall state in detail the grounds upon which the petition
is based and shall separately set forth  each  error  of  law  and  fact
alleged  to  have  been  made  by  the  commission in its determination,
together with the facts and arguments in support thereof.  Such petition
shall be filed with the commission not  later  than  thirty  days  after
service  of such order, unless the commission for good cause shown shall
otherwise direct.
  The commission may upon its own motion grant  a  rehearing  after  the
making of an order.
  S  5-h.  Denial of applications.  In addition to the grounds elsewhere
set forth in this article, the commission may deny an application for  a
license or registration for any of the following:

S. 3353                            54

  1. Conviction by a court of the United States or any state or territo-
ry thereof of coercion;
  2.  Conviction  by  any  such  court,  after  having  been  previously
convicted by any such court of any crime or of the offenses  hereinafter
set  forth, of a misdemeanor or any of the following offenses:  assault,
malicious injury to property, malicious mischief, unlawful taking  of  a
motor  vehicle,  corruption  of  employees  or  possession of lottery or
number slips;  or
  3. Fraud, deceit or misrepresentation in connection with any  applica-
tion  or  petition submitted to, or any interview, hearing or proceeding
conducted by the commission.
  4. Violation of any provision of this article  or  commission  of  any
offense thereunder.
  5.  Refusal  on the part of any applicant, or prospective licensee, or
of any member, officer or stockholder required by section two of article
VI of the compact established by part I of this article to  sign  or  be
identified  in  an  application  for  a stevedore license, to answer any
material question or produce any material evidence  in  connection  with
his  application  or any application made on his behalf for a license or
registration pursuant to this article.
  6. Association with a person who has been  identified  by  a  federal,
state,  or  local  law enforcement agency as a member or associate of an
organized crime group, a terrorist group, or a career  offender  cartel,
or  who is a career offender, under circumstances where such association
creates a reasonable belief that the participation of the  applicant  in
any  activity required to be licensed under this article would be inimi-
cal to the policies of this article. For the purpose  of  this  section,
(a) a terrorist group shall mean a group associated, affiliated or fund-
ed  in  whole  or  in part by a terrorist organization designated by the
secretary of state in accordance with section 219 of the immigration and
nationality act, as amended from time to time, or any other organization
which assists, funds or engages in acts of terrorism as defined  in  the
laws  of the United States, or of either of the states of New York (such
as subdivision one of section 490.05 of the penal law)  or  New  Jersey;
and  (b) a career offender shall mean a person whose behavior is pursued
in an occupational manner or context for the purpose  of  economic  gain
utilizing  such  methods  as  are deemed criminal violations against the
public policy of the states of New York and New  Jersey,  and  a  career
offender  cartel  shall  mean  a  number  of  career offenders acting in
concert, and may include what is commonly referred to  as  an  organized
crime group.
  7. Conviction of a racketeering activity or knowing association with a
person  who  has been convicted of a racketeering activity by a court of
the United States or any state or territory thereof under  circumstances
where  such  association  creates  a  reasonable belief that the partic-
ipation of the applicant in any activity required to be  licensed  under
this article would be inimical to the policies of this article.
  S  5-i.  Revocation of licenses and registrations.  In addition to the
grounds elsewhere set forth in this article, any license or registration
issued or made pursuant thereto may be revoked  or  suspended  for  such
period as the commission deems in the public interest or the licensee or
registrant may be reprimanded, for:
  1.  Conviction  of any crime or offense in relation to gambling, book-
making, pool selling, lotteries or similar crimes  or  offenses  if  the
crime  or  offense  was  committed  at  or on a pier or other waterfront
terminal or within five hundred feet thereof;  or

S. 3353                            55

  2. Wilful commission of, or wilful attempt to commit at or on a water-
front terminal or adjacent highway, any act of physical  injury  to  any
other  person  or  of  wilful damage to or misappropriation of any other
person's property, unless justified or excused by law;  or
  3.  Receipt or solicitation of anything of value from any person other
than a licensee's or registrant's  employer  as  consideration  for  the
selection or retention for employment of such licensee or registrant;
 or
  4. Coercion of a licensee or registrant by threat of discrimination or
violence  or economic reprisal, to make purchases from or to utilize the
services of any person;  or
  5. Refusal to answer any material question  or  produce  any  evidence
lawfully  required  to  be  answered  or  produced at any investigation,
interview or other proceeding conducted by the  commission  pursuant  to
the  provisions of this article, or, if such refusal is accompanied by a
valid plea of privilege against self-incrimination, refusal to  obey  an
order  to  answer  such  question  or  produce such evidence made by the
commission pursuant to the provisions of  subdivision  five  of  section
five-b of this part.
  6.  Association  with  a  person who has been identified by a federal,
state, or local law enforcement agency as a member or  associate  of  an
organized  crime  group, a terrorist group, or a career offender cartel,
or who is a career offender, under circumstances where such  association
creates  a  reasonable belief that the participation of the applicant in
any activity required to be licensed under this article would be  inimi-
cal  to  the  policies of this article. For the purpose of this section,
(a) a terrorist group shall mean a group associated, affiliated or fund-
ed in whole or in part by a terrorist  organization  designated  by  the
secretary of state in accordance with section 219 of the immigration and
nationality act, as amended from time to time, or any other organization
which  assists,  funds or engages in acts of terrorism as defined in the
laws of the United States, or of either of the states of New York  (such
as  subdivision  one  of section 490.05 of the penal law) or New Jersey;
and (b) a career offender shall mean a person whose behavior is  pursued
in  an  occupational  manner or context for the purpose of economic gain
utilizing such methods as are deemed  criminal  violations  against  the
public  policy  of  the  states of New York and New Jersey, and a career
offender cartel shall mean  a  number  of  career  offenders  acting  in
concert,  and  may  include what is commonly referred to as an organized
crime group.
  7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a  court  of
the  United States or any state or territory thereof under circumstances
where such association creates a  reasonable  belief  that  the  partic-
ipation  of  the applicant in any activity required to be licensed under
this article would be inimical to the policies of this article.
  S 5-j. Removal of port watchmen's ineligibility.   Any  port  watchman
ineligible  for a license by reason of the provisions of subdivision (b)
of section three of article X of the compact established by  part  I  of
this  article  may  petition  for  and the commission may issue an order
removing the ineligibility in the manner provided in subdivision (b)  of
section  three of article V of the compact established by part I of this
article.
  S 5-k. Petition for order to remove an ineligibility.  A petition  for
an  order  to  remove  an ineligibility under subdivision (b) of section
three of article V, subdivision (e) of  section  three  of  article  VI,

S. 3353                            56

subdivision (b) of section three of article X of the compact established
by part I of this article, or subdivision three (b) of section five-n of
this  part  may  be  made  to the commission before or after the hearing
required  by  article  XI  of  the compact established by part I of this
article.
  S 5-l. Denial of stevedore applications.  In addition to  the  grounds
elsewhere  set  forth  in this article the commission shall not grant an
application for a license as stevedore
  1. If on or after July first, nineteen hundred fifty-six,  the  appli-
cant  has  paid,  given, caused to have been paid or given or offered to
pay or give to any agent of any carrier of freight by water any valuable
consideration for an improper or unlawful purpose or, without the  know-
ledge  and  consent of such carrier, to induce such agent to procure the
employment of the applicant  by  such  carrier  or  its  agent  for  the
performance of stevedoring services.
  S  5-n.  Checkers.    1.  The  commission  shall  establish within the
longshoremen's register a list of all qualified  longshoremen  eligible,
as  hereinafter  provided, for employment as checkers in the port of New
York district.  No person shall act as a checker within the port of  New
York  district  unless  at the time he is included in the longshoremen's
register as a checker, and no person shall employ another to work  as  a
checker  within  the  port  of New York district unless at the time such
other person is included in the longshoremen's register as a checker.
  2. Any person applying for inclusion in the longshoremen's register as
a checker shall file at any such place and in such manner as the commis-
sion shall designate a written statement, signed and  verified  by  such
person, setting forth the following:
  (a) The full name, residence, place and date of birth and social secu-
rity number of the applicant;
  (b)  The  present and previous occupations of the applicant, including
the places where he was employed and the names of his employers;
  (c) Such further facts and evidence as may be required by the  commis-
sion  to  ascertain  the character, integrity and identity of the appli-
cant.
  3. No person shall be included in the  longshoremen's  register  as  a
checker
  (a)  Unless  the  commission  shall  be  satisfied  that the applicant
possesses good character and integrity;
  (b) If the applicant has, without subsequent pardon, been convicted by
a court of the United States or any state or territory thereof,  of  the
commission  of,  or the attempt or conspiracy to commit treason, murder,
manslaughter or any felony or high misdemeanor or any of  the  following
misdemeanors  or  offenses:  illegally  using,  carrying or possessing a
pistol or other dangerous weapon; making or possessing burglar's instru-
ments; buying or receiving stolen property; unlawful entry of  a  build-
ing;  aiding  an  escape  from prison; unlawfully possessing, possessing
with intent to distribute, sale or distribution of a controlled  danger-
ous  substance  (controlled  substance)  or, in New Jersey, a controlled
dangerous substance analog (controlled substance analog); petty larceny,
where the evidence shows the property was stolen from a vessel, pier  or
other  waterfront  terminal;  and  violation  of the compact.   Any such
applicant ineligible for inclusion in the longshoremen's register  as  a
checker  by  reason  of  any  such  conviction  may  submit satisfactory
evidence to the commission that he has for a period  of  not  less  than
five  years,  measured  as  hereinafter  provided, and up to the time of
application, so  conducted  himself  as  to  warrant  inclusion  in  the

S. 3353                            57

longshoremen's register as a checker, in which event the commission may,
in its discretion, issue an order removing such ineligibility. The afor-
esaid  period  of  five  years shall be measured either from the date of
payment  of  any  fine  imposed  upon  such  person or the suspension of
sentence or from the date of  his  unrevoked  release  from  custody  by
parole, commutation or termination of his sentence;
  (c)  If the applicant knowingly or wilfully advocates the desirability
of overthrowing or destroying the government of  the  United  States  by
force  or  violence or shall be a member of a group which advocates such
desirability, knowing the purposes of such group include such advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possesses   the  qualifications  and  requirements  prescribed  by  this
section,  the  commission   shall   include   the   applicant   in   the
longshoremen's  register as a checker.  The commission may permit tempo-
rary registration as a checker to any applicant under this section pend-
ing final action on an application made  for  such  registration,  under
such  terms  and conditions as the commission may prescribe, which shall
be valid for a period to be fixed by the commission, not  in  excess  of
six months.
  5. The commission shall have power to reprimand any checker registered
under  this section or to remove him from the longshoremen's register as
a checker for such period of time as it deems in the public interest for
any of the following offenses:
  (a) Conviction of a crime or other cause which would permit  disquali-
fication of such person from inclusion in the longshoremen's register as
a checker upon original application;
  (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
longshoremen's register as a checker or in the conduct of the registered
activity;
  (c) Violation of any of the provisions of the compact  established  by
part I of this article;
  (d)  Conviction of a crime involving unlawfully possessing, possession
with intent to distribute, sale or distribution of a controlled  danger-
ous  substance  (controlled  substance)  or, in New Jersey, a controlled
dangerous substance analog (controlled substance analog);
  (e) Inducing or otherwise aiding or abetting any person to violate the
terms of the compact established by part I of this article;
  (f) Paying, giving, causing to be paid or given or offering to pay  or
give  to  any  person  any  valuable  consideration to induce such other
person to violate any provision of the compact or to induce  any  public
officer,  agent  or  employee  to  fail  to  perform  his duty under the
compact;
  (g) Consorting with known criminals for an unlawful purpose;
  (h) Transfer or surrender of possession to any person either temporar-
ily or permanently of any card or other means of  identification  issued
by  the commission as evidence of inclusion in the longshoremen's regis-
ter without satisfactory explanation;
  (i) False impersonation of another longshoreman or of  another  person
licensed under the compact.
  6.  The  commission  shall have the right to recover possession of any
card or other means of identification issued as evidence of inclusion in
the longshoremen's register as a checker in the event  that  the  holder
thereof has been removed from the longshoremen's register as a checker.

S. 3353                            58

  7.  Nothing  contained  in this section shall be construed to limit in
any way any rights of labor reserved by article XV of the compact estab-
lished by part I of this article.
  S  5-o.  Supplementary violations.  Any person who, without justifica-
tion or excuse in law, directly or indirectly  intimidates  or  inflicts
any  injury,  damage,  harm,  loss  or economic reprisal upon any person
licensed or registered by  the  commission,  or  any  other  person,  or
attempts,  conspires  or threatens so to do, in order to interfere with,
impede or influence such licensed or registered person in  the  perform-
ance  or  discharge  of his duties or obligations shall be punishable as
provided in section four of this part.
  S 5-p. Suspension or  acceptance  of  applications  for  inclusion  in
longshoremen's  register;  exceptions.  1. The commission shall have the
power to make determinations to suspend the  acceptance  of  application
for inclusion in the longshoremen's register for such periods of time as
the commission may from time to time establish and, after any such peri-
od  of  suspension, the commission shall have the power to make determi-
nations to accept applications for such period of time as the commission
may establish or in such number as  the  commission  may  determine,  or
both.  Such  determinations  to  suspend or accept applications shall be
made by the commission: (a) on its own initiative or (b) upon the  joint
recommendation  in  writing  of  stevedores and other employers of long-
shoremen in the port of New York district, acting through  their  repre-
sentative  for  the purpose of collective bargaining with a labor organ-
ization representing such longshoremen in such district and  such  labor
organization  or  (c)  upon  the  petition  in writing of a stevedore or
another employer of longshoremen in the port of New York district  which
does  not have a representative for the purpose of collective bargaining
with a labor organization representing such longshoremen. The commission
shall have the power to accept or reject such  joint  recommendation  or
petition.
  All  joint  recommendations  or  petitions filed for the acceptance of
applications with the commission for  inclusion  in  the  longshoremen's
register shall include:
  (a) the number of employees requested;
  (b) the category or categories of employees requested;
  (c)  a  detailed  statement  setting  forth the reasons for said joint
recommendation or petition;
  (d) in cases where a joint recommendation is made under this  section,
the collective bargaining representative of stevedores and other employ-
ers  of  longshoremen  in  the  port  of New York district and the labor
organization representing such longshoremen shall provide the allocation
of the number of persons to be sponsored by each employer of  longshore-
men in the port of New York district; and
  (e) any other information requested by the commission.
  2.  In  administering  the  provisions of this section, the commission
shall observe the following standards:
  (a) To encourage as far  as  practicable  the  regularization  of  the
employment of longshoremen;
  (b) To bring the number of eligible longshoremen into balance with the
demand  for longshoremen's services within the port of New York district
without reducing the number of eligible longshoremen below  that  neces-
sary  to  meet  the requirements of longshoremen in the port of New York
district;
  (c) To encourage the mobility and full  utilization  of  the  existing
work force of longshoremen;

S. 3353                            59

  (d)  To  protect  the job security of the existing work force of long-
shoremen by considering the wages and employment benefits of prospective
registrants;
  (e)  To  eliminate  oppressive  and evil hiring practices injurious to
waterfront labor and  waterborne  commerce  in  the  port  of  New  York
district,  including,  but  not  limited  to,  those oppressive and evil
hiring practices that may result from either a surplus  or  shortage  of
waterfront labor;
  (f)  To consider the effect of technological change and automation and
such other economic data and facts as are relevant to a proper  determi-
nation;
  (g) To protect the public interest of the port of New York district.
  In observing the foregoing standards and before determining to suspend
or accept applications for inclusion in the longshoremen's register, the
commission  shall  consult with and consider the views of, including any
statistical data or other factual information concerning the size of the
longshoremen's register submitted by,  carriers  of  freight  by  water,
stevedores,  waterfront  terminal owners and operators, any labor organ-
ization representing employees registered by  the  commission,  and  any
other  person  whose  interests  may  be  affected  by  the  size of the
longshoremen's register.
  Any joint  recommendation  or  petition  granted  hereunder  shall  be
subject to such terms and conditions as the commission may prescribe.
  3.  Any  determination  by  the commission pursuant to this section to
suspend or accept  applications  for  inclusion  in  the  longshoremen's
register  shall  be made upon a record, shall not become effective until
five days after notice thereof to the  collective  bargaining  represen-
tative  of stevedores and other employers of longshoremen in the port of
New York district and to the labor organization representing such  long-
shoremen  and/or  the  petitioning  stevedore or other employer of long-
shoremen in the port of New York district and shall be subject to  judi-
cial  review for being arbitrary, capricious, and an abuse of discretion
in a proceeding jointly instituted by such representative and such labor
organization and/or by the petitioning stevedore or  other  employer  of
longshoremen  in  the  port  of  New York district. Such judicial review
proceeding may be instituted in either state in the manner  provided  by
the  law  of  such  state  for review of the final decision or action of
administrative agencies of such  state,  provided,  however,  that  such
proceeding  shall  be  decided directly by the appellate division as the
court of first instance (to which the proceeding shall be transferred by
order of transfer by the supreme court in the state of New  York  or  in
the state of New Jersey by notice of appeal from the commission's deter-
mination)  and provided further that notwithstanding any other provision
of law in either state no court shall have power  to  stay  the  commis-
sion's  determination  prior  to  final  judicial decision for more than
fifteen days. In the event that the court enters a final  order  setting
aside  the  determination  by  the commission to accept applications for
inclusion in the longshoremen's register, the registration of any  long-
shoremen  included  in  the  longshoremen's register as a result of such
determination by the commission shall be cancelled.
  This section shall apply, notwithstanding any other provision of  this
article,  provided  however,  such section shall not in any way limit or
restrict the provisions of section five of article  IX  of  the  compact
established  by  part  I  of  this  article empowering the commission to
register longshoremen on a temporary basis to meet special or  emergency
needs  or  the  provisions  of section four of article IX of the compact

S. 3353                            60

established by part I of this article relating to  the  immediate  rein-
statement  of  persons removed from the longshoremen's register pursuant
to article IX of the compact established by  part  I  of  this  article.
Nothing  in this section shall be construed to modify, limit or restrict
in any way any of the rights protected by  article  XV  of  the  compact
established by part I of this article.
  4.  Upon  the  granting  of any joint recommendation or petition under
this section for the acceptance of applications  for  inclusion  in  the
longshoremen's  register,  the commission shall accept applications upon
written sponsorship from the prospective employer of  longshoremen.  The
sponsoring  employer shall furnish the commission with the name, address
and such other identifying or category information as the commission may
prescribe for any person so sponsored.  The  sponsoring  employer  shall
certify  that  the  selection  of the persons so sponsored was made in a
fair and non-discriminatory basis in accordance with the requirements of
the laws of the United States and the states of New York and New  Jersey
dealing with equal employment opportunities.
  Notwithstanding  any of the foregoing, where the commission determines
to accept applications for inclusion in the longshoremen's  register  on
its own initiative, such acceptance shall be accomplished in such manner
deemed appropriate by the commission.
  5. Notwithstanding any other provision of this article, the commission
may  include  in the longshoremen's register under such terms and condi-
tions as the commission may prescribe:
  (a) a person issued registration on a temporary basis to meet  special
or emergency needs who is still so registered by the commission;
  (b)  a  person defined as a longshoreman in subdivision six of section
five-a of this part who is employed by a stevedore defined in  paragraph
(b)  or  (c)  of subdivision one of said section five-a of this part and
whose  employment  is  not  subject  to  the  guaranteed  annual  income
provisions of any collective bargaining agreement relating to longshore-
men;
  (c)  no more than twenty persons issued registration limited to acting
as scalemen pursuant to the provisions of chapter 953  of  the  laws  of
1969  and  chapter 64 of the laws of 1982 who are still so registered by
the commission and who are no longer employed as scalemen on the  effec-
tive date of this subdivision;
  (d)  a person issued registration on a temporary basis as a checker to
meet special or emergency needs who applied for such registration  prior
to January 15, 1986 and who is still so registered by the commission;
  (e)  a person issued registration on a temporary basis as a checker to
meet special or emergency needs in accordance with a waterfront  commis-
sion  resolution  of September 4, 1996 and who is still so registered by
the commission;
  (f) a person issued registration on a temporary basis as  a  container
equipment operator to meet special or emergency needs in accordance with
a waterfront commission resolution of September 4, 1996 and who is still
so registered by the commission; and
  (g)  a person issued registration on a temporary basis as a longshore-
man to meet special or emergency needs in accordance with  a  waterfront
commission  resolution  of  September 4, 1996 and who is still so regis-
tered by the commission.
  6. The commission may include in the  longshoremen's  register,  under
such  terms  and  conditions  as  the  commission may prescribe, persons
issued registration on a temporary basis as a longshoreman or a  checker

S. 3353                            61

to  meet  special  or emergency needs and who are still so registered by
the commission upon the enactment of this section.
  S 5-q. Temporary suspension of permits, licenses and registrations. 1.
The commission may temporarily suspend a temporary permit or a permanent
license  or  a  temporary  or  permanent  registration  pursuant  to the
provisions of subdivision four of article XI of the compact  established
by part I of this article until further order of the commission or final
disposition  of  the underlying case, only where the permittee, licensee
or registrant has been indicted for, or otherwise charged with, a  crime
which  is  equivalent to a felony in the state of New York or to a crime
of the third, second or first degree in the state of New Jersey or  only
where the permittee or licensee is a port watchman who is charged by the
commission  pursuant  to article XI of the compact established by part I
of this article with misappropriating any other person's property at  or
on a pier or other waterfront terminal.
  2.  In  the  case  of a permittee, licensee or registrant who has been
indicted for, or otherwise charged with, a crime, the temporary  suspen-
sion shall terminate immediately upon acquittal or upon dismissal of the
criminal charge. A person whose permit, license or registration has been
temporarily  suspended  may,  at  any  time,  demand that the commission
conduct a hearing as provided for in article XI of  the  compact  estab-
lished by part I of this article.  Within sixty days of such demand, the
commission shall commence the hearing and, within thirty days of receipt
of  the administrative judge's report and recommendation, the commission
shall render a final  determination  thereon;  provided,  however,  that
these  time requirements, shall not apply for any period of delay caused
or requested by the permittee, licensee or registrant. Upon  failure  of
the  commission  to  commence a hearing or render a determination within
the time limits prescribed  herein,  the  temporary  suspension  of  the
licensee  or registrant shall immediately terminate. Notwithstanding any
other provision of this subdivision, if a federal, state, or  local  law
enforcement  agency  or prosecutor's office shall request the suspension
or deferment of any hearing on the ground  that  such  a  hearing  would
obstruct  or  prejudice  an investigation or prosecution, the commission
may in its discretion, postpone or defer such hearing for a time certain
or indefinitely. Any action by the  commission  to  postpone  a  hearing
shall be subject to immediate judicial review as provided in subdivision
seven  of  article XI of the compact established by part I of this arti-
cle.
  3. The commission may in addition,  within  its  discretion,  bar  any
permittee, licensee or registrant whose license or registration has been
suspended pursuant to the provisions of subdivision one of this section,
from  any  employment by a licensed stevedore or a carrier of freight by
water during the period of such suspension, if the  alleged  crime  that
forms  the  basis of such suspension involves the possession with intent
to distribute, sale, or distribution of a controlled dangerous substance
(controlled substance) or, in New Jersey, controlled dangerous substance
analog (controlled substance analog), racketeering or theft from a  pier
or waterfront terminal.
  S  5-r.  Continuance of port watchmen's licenses.  Notwithstanding any
provision of section five of article X of  the  compact  established  by
part  I  of  this  article,  a  license  to act as a port watchman shall
continue and need not  be  renewed,  provided  the  licensee  shall,  as
required by the commission:

S. 3353                            62

  1.  Submit  to  a medical examination and meet the physical and mental
fitness standards established by  the  commission  pursuant  to  section
three of article X of the compact established by part I of this article;
  2. Complete a refresher course of training;  and
  3. Submit supplementary personal history information.
  S  5-s.  Regularization of port watchmen's employment.  The commission
shall, at regular intervals, cancel the license or temporary permit of a
port watchman who shall have failed during the preceding  twelve  months
to  have  worked  as  a port watchman in the port of New York district a
minimum number of hours as shall have been established  by  the  commis-
sion,  except  that  immediate  restoration of such license or temporary
permit shall be made upon proper showing that the failure to so work was
caused by the fact that the licensee or permittee  was  engaged  in  the
military  service  of  the  United  States  or  was incapacitated by ill
health, physical injury or other good cause.
  S 5-t. Duration of stevedore's license.  A stevedore's license granted
pursuant to article VI of the compact established  by  part  I  of  this
article  shall be for a term of five years or fraction of such five year
period, and shall expire on the first day of December. In the  event  of
the  death  of  the licensee, if a natural person, or its termination or
dissolution by reason of a death of a partner, if a partnership,  or  if
the  licensee  shall  cease  to  be  a party to any contract of the type
required by subdivision (d) of  section  three  of  article  VI  of  the
compact  established by part I of this article, the license shall termi-
nate ninety days after such event or upon its expiration date, whichever
shall be sooner. A license may be renewed by the commission for  succes-
sive  five year periods upon fulfilling the same requirements as are set
forth in article VI of the compact established by part I of this article
for an original application for a stevedore's license.
  S 5-u. Implementation of telecommunications hiring  system  for  long-
shoremen  and  checkers  and  registration  of telecommunications system
controller.   1. The commission may  designate  one  of  the  employment
information  centers  it  is  authorized to establish and maintain under
article XII of the compact established by part I of this article for the
implementation of a telecommunications hiring system through which long-
shoremen and checkers may be hired and  accept  employment  without  any
personal  appearance  at said center. Any such telecommunications hiring
system shall incorporate hiring and  seniority  agreements  between  the
employers  of  longshoremen  and  checkers  and  the  labor organization
representing longshoremen and checkers in the port of New York district,
provided said agreements are not in conflict with the provisions of this
article.
  2. The commission shall permit employees of the association represent-
ing employers of longshoremen and checkers and of the labor organization
representing longshoremen and checkers in the port of New York district,
or of a joint board of  such  association  and  labor  organization,  to
participate  in  the operation of said telecommunications hiring system,
provided that any such employee is registered by  the  commission  as  a
"telecommunications   system   controller"   in   accordance   with  the
provisions, standards and grounds set forth in this article with respect
to the registration of checkers. No person shall act as a  "telecommuni-
cations  system  controller"  unless  he  or she is so registered.   Any
application for such registration and any registration  made  or  issued
may be denied, revoked, cancelled or suspended, as the case may be, only
in  the  manner  prescribed  in article XI of the compact established by
part I of this article.  Any and all such participation in the operation

S. 3353                            63

of said telecommunications hiring  system  shall  be  monitored  by  the
commission.
  3.  Any  and  all  records,  documents,  tapes,  discs  and other data
compiled, collected or maintained  by  said  association  of  employers,
labor  organization and joint board of such association and labor organ-
ization pertaining to the  telecommunications  hiring  system  shall  be
available  for  inspection, investigation and duplication by the commis-
sion.
                                PART III

  S 6. Commission established for New York state. Unless and  until  the
provisions of the compact contained in part I of this article shall have
been  concurred  in  by the state of New Jersey, the consent of congress
given thereto, and the commission, provided for therein, established:
  1. The provisions of such compact and sections two,  three,  four  and
five  of part II of this article shall apply to and be in full force and
effect within the state of New York, except as limited by this  section,
and any violation of such compact or section shall be a violation of the
laws  of the state of New York, provided, however, that (with respect to
the definitions contained in such compact):
  (a) "The port of New York district" shall mean only  that  portion  of
the district within the state of New York;
  (b)  The  "commission", hereinafter referred to in this section as the
"New York commission", shall mean and consist of the member appointed by
the governor of this state by and with the advice  and  consent  of  the
senate,  and  he shall possess and exercise all the powers and duties of
the commission set forth in part I of this article and any other  powers
and duties conferred herein;
  (c) The powers and duties of any other officer or agency of this state
prescribed  by part I of this article or otherwise by this article shall
be effective as if the provisions of the compact were effective as a law
of this state;  and
  (d) The New York commission shall not be deemed to be a body corporate
and politic and shall be in the executive department of this state.
  2. The New York commission is authorized to cooperate with  a  similar
commission  of  the  state of New Jersey, to exchange information on any
matter pertinent to the purposes of this  article,  and  to  enter  into
reciprocal agreements for the accomplishment of such purposes, including
but not limited to the following objectives:
  (a) To provide for the reciprocal recognition of any license issued or
registration made by either commission;
  (b)  To give reciprocal effect to any revocation, suspension or repri-
mand with respect to any licensee, and any reprimand or removal  from  a
longshoremen's register;
  (c) To provide that any act or omission by a licensee or registrant in
either state which would be a basis for disciplinary action against such
licensee  or registrant if it occurred in the state in which the license
was issued or the person registered shall be the basis for  disciplinary
action in both states;
  (d)  To  provide  that  longshoremen  registered  in either state, who
perform work or who apply for work at an employment  information  center
within the other state shall be deemed to have performed work or to have
applied for work in the state in which they are registered.
  3. Notwithstanding any other provision of law, the officers, employees
and  agents  of  the  commission  established  by  this  section  may be
appointed or employed without regard to their state of  residence.  Such

S. 3353                            64

commission  may appoint or employ the same person to a similar office or
employment in this state as he holds in a similar commission  or  agency
of the state of New Jersey.
  Notwithstanding  any  other provision of this article, for the purpose
of providing for the commission's expenses of administration during  the
remainder  of  the  calendar  year  following the effective date of this
article, and until  June  thirtieth,  nineteen  hundred  fifty-four  the
assessment for such expense shall be at the rate of one and one-half per
cent.  Such  assessment shall be made, collected and enforced in accord-
ance with article XIII of the compact established  by  part  I  of  this
article and part II of this article.
  S 7. Prohibition against loitering.  No person shall, without a satis-
factory  explanation,  loiter  upon any vessel, dock, wharf, pier, bulk-
head, terminal, warehouse, or other waterfront facility or  within  five
hundred  feet  thereof  in that portion of the port of New York district
within the state of New York.
  S 8. Prohibition against unions having officers, agents  or  employees
who have been convicted of certain crimes and offenses.  No person shall
solicit,  collect  or  receive  any  dues, assessments, levies, fines or
contributions, or other charges within the state for or on behalf of any
labor organization which represents  employees  registered  or  licensed
pursuant  to the provisions of this article or which derives its charter
from a labor organization representing  one  hundred  or  more  of  such
registered  or  licensed employees, if any officer, agent or employee of
such labor organization, or of a  welfare  fund  or  trust  administered
partially or entirely by such labor organization or by trustees or other
persons  designated  by such labor organization, has been convicted by a
court of the United States, or any state  or  territory  thereof,  of  a
felony,  any  misdemeanor  involving  moral  turpitude  or  any crime or
offense enumerated in subdivision three (b) of section five-n of part II
of this article, unless he has been subsequently  pardoned  therefor  by
the governor or other appropriate authority of the state or jurisdiction
in  which  such conviction was had or has received a certificate of good
conduct from the board of parole pursuant to the provisions of the exec-
utive law to remove the disability.  No person so convicted shall  serve
as  an  officer,  agent  or employee of such labor organization, welfare
fund or trust unless such person has been so pardoned or has received  a
certificate  of good conduct.  No person, including such labor organiza-
tion, welfare fund or   trust, shall  knowingly  permit  such  convicted
person  to assume or hold any office, agency, or employment in violation
of this section.
  As used in this section, the term "labor organization" shall mean  and
include any organization which exists and is constituted for the purpose
in whole or in part of collective bargaining, or of dealing with employ-
ers  concerning  grievances,  terms  and conditions of employment, or of
other mutual aid or protection;  but it shall not include  a  federation
or  congress  of labor organizations organized on a national or interna-
tional basis even though one of its constituent labor organizations  may
represent persons so registered or licensed.
  Any  person who shall violate this section shall be guilty of a misde-
meanor punishable by a fine of not more than  five  hundred  dollars  or
imprisonment for not more than one year or both.
  S  8-a.  Exception  to  section eight for certain employees.   If upon
application to the commission by an employee who has been convicted of a
crime or offense specified in section eight of this part the commission,
in its discretion, determines in an order that it would not be  contrary

S. 3353                            65

to the purposes and objectives of this article for such employee to work
in  a  particular  employment  for a labor organization, welfare fund or
trust within the meaning of section eight of this part,  the  provisions
of  section eight of this part shall not apply to the particular employ-
ment of such employee with respect to such conviction or convictions  as
are  specified  in  the commission's order.   This section is applicable
only to those employees who for wages or salary perform manual,  mechan-
ical,  or  physical work of a routine or clerical nature at the premises
of the labor organization, welfare fund  or  trust  by  which  they  are
employed.
                                 PART IV

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

                                ARTICLE I
                        FINDINGS AND DECLARATIONS

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

                               ARTICLE II
                               DEFINITIONS

  As used in this compact:
  1.  "Commission"  shall  mean the waterfront and airport commission of
New York and New Jersey established by part  I,  article  III,  of  this
compact.

S. 3353                            66

  2.  "Airport"  shall  mean  any area on land, water or building or any
other facility located within the states of  New  York  and  New  Jersey
(except  a  military  installation  of the United States government) (a)
which is located within one hundred miles of any point in  the  port  of
New York district, (b) which is used, or intended for use, for the land-
ing  and take-off of aircraft operated by an air carrier, and any appur-
tenant areas which are used or intended for use, for  airport  buildings
or  other airport facilities or rights of way, together with all airport
buildings, equipment, aircraft, and facilities located thereon, and  (c)
where  the  total  tonnage  of air freight in a calendar year loaded and
unloaded on and from aircraft exceeds twenty thousand tons.
  3. "Air carrier" shall mean any person who may be engaged or  who  may
hold  himself out as willing to be engaged, whether as a common carrier,
as a contract carrier or otherwise, in the carriage of freight by air.
  4. "Air freight"  shall  mean  freight  (including  baggage,  aircraft
stores  and mail) which is, has been, or will be carried by or consigned
for carriage by an air carrier.
  5. "Air freight terminal" shall include any warehouse, depot or  other
terminal (other than an airport) (a) any part of which is located within
an airport and any part of which is used for the storage of air freight,
or  (b)  which  is  operated by an air carrier or a contractor of an air
carrier and any part of which is used for the storage of air freight and
any part of which is located within the port of New York district.
  6. "Air freight terminal operator" shall mean the  owner,  lessee,  or
contractor  or  such  other  person  (other  than an employee) who is in
direct and immediate charge and control of an air freight  terminal,  or
any portion thereof.
  7.  "Air freight truck carrier" shall mean a contractor (other than an
employee) engaged for compensation pursuant to a  contract  or  arrange-
ment,  directly  or  indirectly,  with an air carrier or air carriers or
with an air freight terminal operator or  operators  in  the  moving  of
freight  to  or  from  an  airport or air freight terminal by a truck or
other motor vehicle used primarily for the transportation of property.
  8. "Air freight security area" shall mean any area located within  the
airport  to  which  the  commission  determines that limited ingress and
egress is required for the protection and security of  any  air  freight
located within the airport.
  9. "Airfreightman" shall mean a natural person who is employed
  (a) by any person to physically move or to perform services incidental
to the movement of air freight at an airport or in an air freight termi-
nal; or
  (b)  by  an  air carrier or an air freight terminal operator or an air
freight truck carrier to transport or to assist in the transportation of
air freight to or from an airport or air freight terminal;  or
  (c) by any person to engage in direct and immediate  checking  of  any
air  freight  located  in an airport or in an air freight terminal or of
the custodial accounting therefor.
  10. "Airfreightman supervisor" shall mean  a  natural  person  who  is
employed  to  supervise  directly  and immediately the work of an airfr-
eightman at an airport or at an air freight terminal.
  11. "Airfreightman labor relations consultant" shall mean  any  person
who,  pursuant  to any contract or arrangement, advises or represents an
air carrier, an air freight terminal operator, or an air  freight  truck
carrier,  or  an organization of such employers (whether or not incorpo-
rated), or a labor organization representing any airfreightmen or airfr-
eightman supervisors, concerning the organization or collective bargain-

S. 3353                            67

ing activities of airfreightmen or airfreightman supervisors, but  shall
not  include any person designated by any government official or body to
so act or any person duly licensed to practice law as an attorney in any
jurisdiction.   As used in this paragraph, the term "labor organization"
shall mean and include any labor organization to which section eleven of
part V of this compact is applicable.
  12. "Person" shall mean not only a natural person but also  any  part-
nership,  joint  venture,  association,  corporation  or any other legal
entity but shall not include the United States, any state  or  territory
thereof  or  any department, division, board, commission or authority of
one or more of the foregoing or any officer or  employee  thereof  while
engaged in the performance of his official duties.
  13. "The port of New York district" shall mean the district created by
article  II of the compact dated April thirtieth, nineteen hundred twen-
ty-one, between the states of New York and  New  Jersey,  authorized  by
chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
hundred twenty-one and continued by article I of this chapter, and chap-
ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
twenty-one, and any amendments thereto.
  14.  "Court  of the United States" shall mean all courts enumerated in
section four hundred fifty-one  of  title  twenty-eight  of  the  United
States  code  and  the  courts-martial of the armed forces of the United
States.
  15. "Witness" shall mean any person whose testimony is desired in  any
investigation, interview or other proceeding conducted by the commission
pursuant to the provisions of this compact.
  16.  "Compact"  shall  mean  this  compact  and  rules and regulations
lawfully promulgated thereunder and shall also include any amendments or
supplements to this compact to implement the purposes thereof adopted by
the action of the legislature of either the state of  New  York  or  the
state of New Jersey concurred in by the legislature of the other.

                               ARTICLE III
                    GENERAL POWERS OF THE COMMISSION

  In  addition  to  the powers and duties of the commission conferred in
parts I, II, III, and V of this article, the commission shall  have  the
power:
  1. To administer and enforce the provisions of this compact;
  2.  To  establish such divisions and departments within the commission
as the commission may deem  necessary  and  to  appoint  such  officers,
agents  and  employees as it may deem necessary, prescribe their powers,
duties and qualifications and fix  their  compensation  and  retain  and
employ counsel and private consultants on a contract basis or otherwise;
  3.  To  make  and enforce such rules and regulations as the commission
may deem necessary to effectuate the purposes  of  this  compact  or  to
prevent  the circumvention or evasion thereof including, but not limited
to, rules and regulations (which  shall  be  applicable  to  any  person
licensed  by the commission, his employer, or any other person within an
airport) to provide for the maximum protection of air freight,  such  as
checking and custodial accounting, guarding, storing, fencing, gatehous-
es,  access  to  air  freight,  air  freight loss reports, and any other
requirements which the commission in  its  discretion  may  deem  to  be
necessary and appropriate to provide such maximum protection.  The rules
and regulations of the commission shall be effective upon publication in
the  manner  which the commission shall prescribe and upon filing in the

S. 3353                            68

office of the secretary of state of each state.  A certified copy of any
such rules and regulations, attested as true and correct by the  commis-
sion,  shall  be  presumptive  evidence of the regular making, adoption,
approval and publication thereof;
  4.  To  have  for  its  members  and its properly designated officers,
agents and employees, full and free access, ingress and  egress  to  and
from  all  airports, air freight terminals, all aircraft traveling to or
from an airport and all trucks or  other  motor  vehicles  or  equipment
which  are  carrying  air  freight to or from any airport or air freight
terminal  for  the  purposes  of   conducting   investigations,   making
inspections  or enforcing the provisions of this compact;  and no person
shall obstruct or in any way interfere with any  such  member,  officer,
employee  or  agent in the making of such investigation or inspection or
in the enforcement of the provisions of this compact or in the  perform-
ance of any other power or duty under this compact;
  5.  To make investigations, collect and compile information concerning
airport practices generally, and upon all matters relating to the accom-
plishment of the objectives of this compact;
  6. To advise and consult with representatives of  labor  and  industry
and  with  public officials and agencies concerned with the effectuation
of the purposes of this compact, upon all matters which  the  commission
may desire, including but not limited to the form and substance of rules
and  regulations  and  the  administration  of the compact and the expe-
ditious handling and efficient movement of air freight  consistent  with
the security of such air freight;
  7.  To make annual and other reports to the governors and legislatures
of both states containing recommendations for the  effectuation  of  the
purposes of this compact;
  8.  To issue temporary licenses and temporary permits under such terms
and conditions as the commission may prescribe;
  9. In any case in which the commission has  the  power  to  revoke  or
suspend  any  license or permit the commission shall also have the power
to impose as an alternative to such revocation or suspension, a penalty,
which the licensee or permittee may elect to pay the commission in  lieu
of  the  revocation  or  suspension.   The maximum penalty shall be five
thousand dollars for each separate offense. The commission may, for good
cause shown, abate all or part of such penalty;
  10. To determine the location,  size  and  suitability  of  field  and
administrative offices and any other accommodations necessary and desir-
able for the performance of the commission's duties under this compact;
  11.  To  acquire,  hold  and dispose of real and personal property, by
gift, purchase, lease, license or other similar manner, for  its  corpo-
rate purposes, and in connection therewith to borrow money;
  12. To recover possession of any card or other means of identification
issued by the commission as evidence of a license or permit in the event
that the holder thereof no longer is a licensee or permittee;
  13.  To  require  any licensee or permittee to exhibit upon demand the
license or permit issued to him  by  the  commission  or  to  wear  such
license or permit.
  The  powers and duties of the commission may be exercised by officers,
employees and agents designated by them, except the power to make  rules
and  regulations.   The commission shall have such additional powers and
duties as may hereafter be delegated to or imposed upon it from time  to
time  by  the  action of the legislature of either state concurred in by
the legislature of the other.

S. 3353                            69

                               ARTICLE IV
               AIRFREIGHTMEN AND AIRFREIGHTMAN SUPERVISORS

  1.  On  and  after  the ninetieth day after the effective date of this
compact, no person shall act as an  airfreightman  or  an  airfreightman
supervisor within the state of New York or the state of New Jersey with-
out  having  first obtained from the commission a license to act as such
airfreightman or airfreightman supervisor, as the case may  be,  and  no
person  shall employ another person to act as an airfreightman or airfr-
eightman supervisor who is not so licensed.
  2. A license to act as an airfreightman  or  airfreightman  supervisor
shall  be  issued  only upon the written application, under oath, of the
person proposing to employ or engage  another  person  to  act  as  such
airfreightman  or  airfreightman supervisor, verified by the prospective
licensee as to the matters concerning  him,  and  shall  set  forth  the
prospective  licensee's  full  name,  residence address, social security
number, and such further facts and evidence as may be  required  by  the
commission  to  determine  the  identity,  the  existence  of a criminal
record, if any, and the eligibility of the prospective  licensee  for  a
license.
  3.  The commission may in its discretion deny the application for such
license submitted on behalf of a prospective licensee  for  any  of  the
following causes:
  (a)  Conviction by a court of the United States or any state or terri-
tory thereof, without subsequent pardon, of the commission  of,  or  the
attempt or conspiracy to commit, treason, murder, manslaughter, coercion
or  any  felony or high misdemeanor or any of the following misdemeanors
or offenses (excluding, however, any conviction  for  a  misdemeanor  or
lesser  offense  arising out of physical misconduct committed during the
course of lawful organizational or collective bargaining  activities  of
any  labor  organization):    illegally  using, carrying or possessing a
pistol or other dangerous weapon;  making, manufacturing  or  possessing
burglar's  instruments;    buying or receiving stolen property; criminal
possession of stolen property;  unlawful entry of a building;   criminal
trespass;    aiding  an escape from prison;   and unlawfully possessing,
selling or distributing a dangerous drug;
  (b) Conviction  by  any  such  court,  after  having  been  previously
convicted  by any such court of any crime or of the offenses hereinafter
set forth, of a misdemeanor or any of the following offenses (excluding,
however, any conviction for a misdemeanor or lesser offense arising  out
of  physical  misconduct committed during the course of lawful organiza-
tional or collective bargaining activities of any  labor  organization):
assault,  malicious  injury  to  property,  criminal mischief, malicious
mischief, criminal tampering, unlawful use or taking of a motor vehicle,
corruption of employees,  promoting  gambling,  possession  of  gambling
records or devices, or possession of lottery or number slips;
  (c) Fraud, deceit or misrepresentation in connection with any applica-
tion  or  petition submitted to, or any interview, hearing or proceeding
conducted by the commission;
  (d) Violation of any provision of this act or the  commission  of  any
offense thereunder;
  (e)  Refusal on the part of the applicant, or prospective licensee, to
answer any  material  question  or  produce  any  material  evidence  in
connection with the application;
  (f)  As  to  an  airfreightman,  his  presence  at the airports or air
freight terminals is found by the commission on the basis of  the  facts

S. 3353                            70

and  evidence  before  it  to constitute a danger to the public peace or
safety;
  (g)  As to an airfreightman supervisor, failure to satisfy the commis-
sion that the prospective licensee possesses good character and integri-
ty;
  (h) Conviction of a crime or other cause which would permit  reprimand
of  such  prospective  licensee  or  the suspension or revocation of his
license if such person were already licensed.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be satisfied therefrom  that  the  prospective
licensee  possesses  the  qualifications  and requirements prescribed in
this article, the commission shall issue and deliver to the  prospective
licensee  a  license  to  act as an airfreightman or as an airfreightman
supervisor, as the case may be, and shall inform the  applicant  of  its
action.
  5.  The commission shall have the power to reprimand any airfreightman
or airfreightman supervisor licensed under this article or to revoke  or
suspend  his  license  for  such  period  as the commission deems in the
public interest for any of the following causes:
  (a) Conviction of a crime or other cause which would permit the denial
of a license upon original application;
  (b) Fraud, deceit or misrepresentation in securing the license, or  in
the conduct of the licensed activity;
  (c) Transfer or surrender of possession to any person either temporar-
ily  or  permanently of any card or other means of identification issued
by the commission as evidence of a license, without satisfactory  expla-
nation;
  (d) False impersonation of another person who is a licensee or permit-
tee of the commission under this compact;
  (e) Wilful commission of, or wilful attempt to commit at an airport or
at an air freight terminal or adjacent highway any act of physical inju-
ry to any other person or of wilful damage to or misappropriation of any
other person's property, unless justified or excused by law.
  (f)  Violation of any of the provisions of this compact or inducing or
otherwise aiding or abetting any person to violate  the  terms  of  this
compact;
  (g)  Addiction to the use of, or unlawful possession, sale or distrib-
ution of a dangerous drug;
  (h) Paying, giving, causing to be paid or given or offering to pay  or
give  to  any person any valid consideration to induce such other person
to violate any provision of this compact or to induce any  public  offi-
cer, agent or employee to fail to perform his duty under this compact;
  (i) Consorting with known criminals for unlawful purposes;
  (j) Receipt or solicitation of anything of value from any person other
than  the  licensee's  or  permittee's employer as consideration for the
selection or retention for employment of any person who is a licensee or
permittee of the commission under this compact;
  (k) Coercion of any person who is  a  licensee  or  permittee  of  the
commission under this compact by threat of discrimination or violence or
economic  reprisal  to make purchases from or to utilize the services of
any person;
  (l) Lending any money to or borrowing any money from any person who is
a licensee or permittee of the commission under this compact  for  which
there is a charge of interest or other consideration which is usurious;

S. 3353                            71

  (m)  Conviction of any criminal offense in relation to gambling, book-
making, pool selling, lotteries or similar crimes  or  offenses  if  the
crime  or offense was committed at an airport or air freight terminal or
within five hundred feet thereof;
  (n)  Refusal  to  answer any material question or produce any material
evidence lawfully required to be answered or produced  at  any  investi-
gation, interview or other proceeding conducted by the commission pursu-
ant  to  the provisions of this compact, or, if such refusal is accompa-
nied by a valid plea of privilege against self-incrimination, refusal to
obey an order to answer such question or produce such evidence  made  by
the  commission  pursuant  to  the  power  of  the commission under this
compact to grant immunity from prosecution;
  (o) Refusal to exhibit his license or permit upon the  demand  of  any
officer,  agent  or  employee  of the commission or failure to wear such
license or permit when required.
  6. A license granted pursuant to this  article  shall  expire  on  the
expiration  date  (which shall be at least one year from the date of its
issuance) set forth by the commission on the  card  or  other  means  of
identification issued by the commission as evidence of a license or upon
the  termination  of  employment  with  the employer who applied for the
license. Upon expiration thereof,  a  license  may  be  renewed  by  the
commission  upon  fulfilling  the  same requirements as are set forth in
this compact for an original application.

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

  1. On and after the ninetieth day after the  effective  date  of  this
compact,  no  person, except an air carrier, shall act as an air freight
terminal operator or as an air freight truck carrier  or  as  an  airfr-
eightman  labor relations consultant within the state of New York or the
state of New Jersey without having first obtained  a  license  from  the
commission  to  act  as  an  air  freight terminal operator or as an air
freight truck carrier or as an airfreightman labor relations consultant,
as the case may be, and no person shall employ or engage another  person
to  perform  services  as  an air freight terminal operator or as an air
freight truck carrier or as an airfreightman labor relations  consultant
who is not so licensed.
  2.  Any person intending to act as an air freight terminal operator or
as an air freight truck carrier or as an airfreightman  labor  relations
consultant within the state of New York or the state of New Jersey shall
file in the office of the commission a written application for a license
to engage in such occupation duly signed and verified as follows:
  (a)  If  the  applicant  is a natural person, the application shall be
signed and verified by such person and if the applicant  is  a  partner-
ship,  the  application  shall  be  signed  and verified by each natural
person composing or intending to compose such partnership. The  applica-
tion  shall  state  the  full name, age, residence, business address (if
any), present and previous occupations of each natural person so signing
the same, and any other facts and evidence as may  be  required  by  the
commission  to ascertain the character, integrity, identity and criminal
record, if any, of each natural person so signing such application.

S. 3353                            72

  (b) If the applicant is a corporation, the application shall be signed
and verified by the president,  secretary  and  treasurer  thereof,  and
shall  specify  the  name  of the corporation, the date and place of its
incorporation, the location of its  principal  place  of  business,  the
names and addresses of, and the amount of the stock held by stockholders
owning  ten per cent or more of any of the stock thereof, and of all the
officers (including all  members  of  the  board  of  directors).    The
requirements  of  subdivision (a) of this section as to a natural person
who is a member of a partnership, and such requirements as may be speci-
fied in rules and regulations promulgated by the commission, shall apply
to each such officer or stockholder and their successors  in  office  or
interest as the case may be.
  In  the event of the death, resignation or removal of any officer, and
in the event of any change in the list of stockholders who shall own ten
per cent or more of the stock of the corporation, the secretary of  such
corporation  shall  forthwith give notice of that fact in writing to the
commission, certified by said secretary.
  3. No such license shall be granted
  (a) If any person whose signature or name appears in  the  application
is  not the real party in interest required by section two of this arti-
cle to sign or to be identified in the application or if the  person  so
signing  or  named in the application is an undisclosed agent or trustee
for any such real party in interest or if any such real party in  inter-
est does not sign the application;
  (b)  Unless  the  commission shall be satisfied that the applicant and
all members, officers and stockholders required by section two  of  this
article  to sign or be identified in the application for license possess
good character and integrity;
  (c) If the applicant or any member, officer or stockholder required by
section two of this article to sign or be identified in the  application
for license has, without subsequent pardon, been convicted by a court of
the  United  States  or any state or territory thereof of the commission
of, or the  attempt  or  conspiracy  to  commit  any  crime  or  offense
described  in  subdivision  (a)  of  section three of article IV of this
compact. Any applicant ineligible for a license by reason  of  any  such
conviction  may  submit satisfactory evidence to the commission that the
person whose conviction was the basis of ineligibility has for a  period
of  not less than five years, measured as hereinafter provided and up to
the time of application, so conducted himself as to warrant the grant of
such license, in which event the commission may, in its discretion issue
an order removing such ineligibility.   The  aforesaid  period  of  five
years  shall  be  measured  either  from the date of payment of any fine
imposed upon such person or the suspension of sentence or from the  date
of  his  unrevoked release from custody by parole, commutation or termi-
nation of his sentence.  Such petition may be  made  to  the  commission
before or after the hearing on the application;
  (d)  If, on or after the effective date of this compact, the applicant
has paid, given, caused to have been paid or given or offered to pay  or
give  to any officer or employee of any other person employing or engag-
ing him in his licensed  activity  any  valuable  consideration  for  an
improper  or  unlawful  purpose or to induce such officer or employee to
procure the employment of the applicant in his licensed activity by such
other person;
  (e) If, on or after the effective date of this compact, the  applicant
has paid, given, caused to have been paid, or given or offered to pay or
give  to any officer or representative of a labor organization any valu-

S. 3353                            73

able consideration for an improper or unlawful purpose or to induce such
officer or representative to subordinate  the  interest  of  such  labor
organization  or  its  members  in the management of the affairs of such
labor  organization  to  the  interests  of  the  applicant or any other
person;
  (f) If, on or after the effective date of this compact, the  applicant
has  paid, given, caused to have been paid or given or offered to pay or
give to any agent of any other person any valuable consideration for  an
improper  or  unlawful  purpose or, without the knowledge and consent of
such other person, to induce such agent to procure the employment of the
applicant in his licensed activity by such other person.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possess  the qualifications and requirements prescribed in this article,
the commission shall issue and deliver a license to the applicant.
  5. The commission  shall  have  the  power  to  reprimand  any  person
licensed under this article or to revoke or suspend his license for such
period  as  the  commission  deems in the public interest for any of the
following causes on the part of the licensee or of any  person  required
by  section  two of this article to sign or be identified in an original
application for a license:
  (a) Any cause set forth in section five of article IV of this compact;
  (b) Failure by the licensee to maintain a complete set  of  books  and
records  containing  a  true  and  accurate  account  of  the licensee's
receipts and disbursements arising out of his licensed activities;
  (c) Failure to keep said books and records available  during  business
hours for inspection by the commission and its duly designated represen-
tatives  until  the  expiration of the fifth calendar year following the
calendar year during which occurred the transactions recorded therein;
  (d) Failure to pay any assessment or fee  payable  to  the  commission
under this compact when due.
  6.  A  license  granted  pursuant  to this article shall expire on the
expiration date (which shall be at least one year from the date  of  its
issuance)  set  forth  by  the  commission on the card or other means of
identification issued by the commission as evidence of a  license.  Upon
expiration  thereof,  a  license  may  be renewed by the commission upon
fulfilling the same requirements as are set forth in this article for an
original application.

                               ARTICLE VI
                        AIR FREIGHT SECURITY AREA

  1. On or after the effective date  of  this  compact,  the  commission
shall  have the power to designate any area located within an airport as
an air freight security area.   No person who is  not  licensed  by  the
commission pursuant to this compact shall have ingress to an air freight
security area unless issued a permit by the commission.
  2.  Any  person who is not licensed by the commission pursuant to this
compact and who desires upon any occasion  ingress  to  an  air  freight
security  area shall apply at the entrance to such area for a permit for
ingress for that particular occasion.  In order to secure  a  permit,  a
prospective permittee must show identification establishing his name and
address  and  he  may be required by the commission to sign a consent to
the surrender of his permit upon egress from such area  and,  if  he  is
driving  a  motor  vehicle,  to  an inspection of his motor vehicle upon

S. 3353                            74

egress from such area.  Any person desiring a permit  to  enter  an  air
freight security area may be denied such permit by the commission in its
discretion if the commission determines that the presence of such person
in such area would constitute a danger to the public peace or safety.
  3. Any person whose business, employment or occupation requires him to
have  ingress upon a regular basis to an air freight security area shall
be required, in order to obtain ingress to such area, to  apply  to  the
commission  for a permit for a fixed period of duration to be determined
by the commission.  Such applicant for a permit of  a  fixed  period  of
duration shall fulfill the same requirements as the prospective licensee
for  an  airfreightman's license.  The commission may in the exercise of
its discretion suspend or revoke such permit of a fixed period of  dura-
tion for the same causes which would permit the commission to revoke the
license of an airfreightman.
  4.  The  commission  shall  have the power to inspect any truck or any
other motor vehicle within an air freight security area.
  5. The provisions of this article  shall  not  be  applicable  to  any
person  who  is  a  member  of the flight crew or flight personnel of an
aircraft which is operated by an air carrier and which is located within
an air freight security area upon a showing of  such  identification  as
may be required by the commission.

                               ARTICLE VII
                   HEARINGS, DETERMINATIONS AND REVIEW

  1.  The  commission  shall  not  deny any application for a license or
permit without giving the applicant or prospective licensee or permittee
reasonable prior notice and an opportunity to be heard.
  2. Any application for a license or permit, and any license or  permit
issued, may be denied, revoked or suspended, as the case may be, only in
the manner prescribed in this article.
  3.  The  commission  may  on its own initiative or on complaint of any
person, including any public official or agency,  institute  proceedings
to  revoke or suspend any license or permit after a hearing at which the
licensee or permittee and any person  making  such  complaint  shall  be
given an opportunity to be heard, provided that any order of the commis-
sion  revoking  or  suspending  any  license  or permit shall not become
effective until fifteen days subsequent to the serving of notice thereof
upon the licensee or permittee unless in the opinion of  the  commission
the continuance of the license or permit for such period would be inimi-
cal  to the public peace or safety.  Such hearings shall be held in such
manner and upon such notice as may be prescribed by  the  rules  of  the
commission, but such notice shall be of not less than ten days and shall
state the nature of the complaint.
  4. Pending the determination of such hearing pursuant to section three
of  this  article  the  commission  may temporarily suspend a license or
permit if in the opinion  of  the  commission  the  continuance  of  the
license  or  permit  for  such period is inimical to the public peace or
safety.
  5. The commission, or such member, officer, employee or agent  of  the
commission  as  may  be  designated  by the commission for such purpose,
shall have the power to issue subpoenas throughout both states to compel
the attendance of witnesses and the giving of testimony or production of
other evidence and to administer oaths in connection with any such hear-
ing.  It shall be the duty of the commission  or  of  any  such  member,
officer,  employee  or agent of the commission designated by the commis-

S. 3353                            75

sion for such purpose to issue subpoenas at  the  request  of  and  upon
behalf  of the licensee, permittee or applicant.  The commission or such
person conducting the hearing shall not be bound by common law or statu-
tory  rules  of evidence or by technical or formal rules or procedure in
the conduct of such hearing.
  6. Upon the conclusion of the hearing, the commission shall take  such
action  upon  such  findings  and  determinations as it deems proper and
shall execute an order carrying such findings into effect.   The  action
in  the  case  of  an  application  for a license or permit shall be the
granting or denial thereof.  The action in the case  of  a  licensee  or
permittee  shall  be  revocation  of the license or permit or suspension
thereof for a fixed period or reprimand or a dismissal of the charges.
  7. The action of the commission  in  denying  any  application  for  a
license or permit or in suspending or revoking such license or permit or
in  reprimanding  a  licensee  or permittee shall be subject to judicial
review by a proceeding instituted in either state at the instance of the
applicant, licensee or permittee in the manner provided by  the  law  of
such  state for review of the final decision or action of administrative
agencies of such state,  provided,  however,  that  notwithstanding  any
other  provision  of law the court shall have power to stay for not more
than thirty days an order of the commission  suspending  or  revoking  a
license or permit.
  8.  At  hearings conducted by the commission pursuant to this article,
applicants, prospective licensees and permittees, licensees and  permit-
tees shall have the right to be accompanied and represented by counsel.
  9.  After  the  conclusion  of a hearing but prior to the making of an
order by the commission,  a  hearing  may,  upon  petition  and  in  the
discretion  of  the hearing officer, be reopened for the presentation of
additional evidence.  Such petition to reopen the hearing shall state in
detail the nature of the additional evidence, together with the  reasons
for  the  failure to submit such evidence prior to the conclusion of the
hearing.  The commission may upon its own  motion  and  upon  reasonable
notice  reopen  a  hearing  for the presentation of additional evidence.
Upon petition, after the making of an order of the commission, rehearing
may be granted in the discretion of the commission.  Such a petition for
rehearing shall state in detail the grounds upon which the  petition  is
based  and shall separately set forth each error of law and fact alleged
to have been made by the commission in its determination, together  with
the  facts  and  arguments  in support thereof.   Such petition shall be
filed with the commission not later than thirty days  after  service  of
such  order  unless  the commission for good cause shown shall otherwise
direct.  The commission may upon its own motion grant a rehearing  after
the making of an order.

                              ARTICLE VIII
                       EXPENSES OF ADMINISTRATION

  1.  In  addition  to  the  budget of its expenses under the waterfront
commission compact, the commission shall annually adopt a budget of  its
expenses  under  this compact for each year.  The annual budget shall be
submitted to the governors of the two states and shall  take  effect  as
submitted  provided  that  either governor may within thirty days disap-
prove or reduce any item or items, and  the  budget  shall  be  adjusted
accordingly.
  2. After taking into account such funds as may be available to it from
reserves  in  excess  of ten per cent of such budget under this compact,

S. 3353                            76

federal grants, or otherwise, the balance of the  commission's  budgeted
expenses  shall  be  obtained  by fees payable under this article and by
assessments upon employers of persons licensed  under  this  compact  as
provided in this article.
  3. With respect to airfreightmen and airfreightman supervisors who are
employed by an air freight truck carrier regularly to move freight to or
from an airport, the employers shall pay to the commission for each such
airfreightman  and  airfreightman  supervisor a license fee to be deter-
mined by the commission, not in excess of one hundred dollars  for  each
year,  commencing  with  the  first day of April.  The employer of every
person who is issued a permit of fixed duration by  the  commission  for
ingress  to an air freight security area, or the permittee himself if he
is self-employed, shall pay to the commission a fee to be determined  by
the  commission,  not  in  excess of seventy-five dollars for each year,
commencing with the first day of April.  The commission shall reduce the
maximum  fees  payable  under  this  section  proportionately  with  any
reduction in the maximum assessment rate of two per cent provided for by
this article.
  4.  Every  employer  of  airfreightmen  and  airfreightman supervisors
licensed by the commission, except  as  otherwise  provided  in  section
three  of  this  article,  shall  pay  to  the  commission an assessment
computed upon the gross payroll payments made by such employer to airfr-
eightmen and airfreightman supervisors for work performed as such, at  a
rate,  not in excess of two per cent, computed by the commission, in the
following manner:  the commission shall annually estimate the fees paya-
ble under this article and the gross payroll  payments  to  be  made  by
employers subject to assessment and shall compute the fees and a rate of
assessment  which  will yield revenues sufficient to finance the balance
of the commission's budget for each year as provided in section  two  of
this article. The commission may hold in reserve an amount not to exceed
ten  per cent of its total budgeted expenses for the year, which reserve
shall not be included as part of the budget.  Such reserve shall be held
for the stabilization of annual assessments, the  payment  of  operating
deficits and for the repayment of any advances made by the two states.
  5. The amount required to balance the commission's budget in excess of
the  estimated yield of the maximum fees and assessment, shall be certi-
fied by the commission, with the approval of the  respective  governors,
to  the  legislatures of the two states, in proportion to the respective
totals of the assessments and fees paid to the commission by persons  in
each  of the two states.  The legislatures shall annually appropriate to
the commission the amount so certified.
  6. The assessments and fees hereunder shall be in lieu  of  any  other
charge  for the issuance of licenses or permits by the commission pursu-
ant to this compact.
  7. In addition to any other sanction provided by law,  the  commission
may  revoke  or suspend any license or permit held by any employer under
this compact and/or the license or permit held under this compact by any
employees of such employer, or the permit held under this compact by any
permittee who is self-employed, and in addition the commission may  deny
ingress  to such employers, employees or permittees to air freight secu-
rity areas, for nonpayment of any assessment or fee when due.
  8. Every person subject to the payment of any  assessment  under  this
compact  shall file on or before the twentieth day of the first month of
each calendar quarter-year a separate return, together with the  payment
of  the  assessment  due, for the preceding calendar quarter-year during
which any payroll payments  were  made  to  licensed  persons  for  whom

S. 3353                            77

assessments are payable for work performed as such. Returns covering the
amount of assessment payable shall be filed with the commission on forms
to  be  furnished for such purpose and shall contain such data, informa-
tion  or  matter  as  the commission may require to be included therein.
The commission may grant a  reasonable  extension  of  time  for  filing
returns,  or  for  payment  of  assessment,  whenever good cause exists.
Every return shall have annexed thereto a certification  to  the  effect
that the statements contained therein are true.
  9.  Every  person subject to the payment of assessment hereunder shall
keep an accurate record of his employment of licensed persons  for  whom
assessments  are  payable,  which  shall show the amount of compensation
paid and such other information as the commission  may  require.    Such
records  shall  be preserved for a period of three years and be open for
inspection at reasonable times.   The  commission  may  consent  to  the
destruction  of  any  such  records at any time after said period or may
require that they be kept longer but not in excess of six years.
  10. (a) The commission shall audit and determine the amount of assess-
ment due from the return filed and such other information as  is  avail-
able  to  it.    Whenever  a  deficiency in payment of the assessment is
determined the commission shall give notice of any such determination to
the person liable  therefor.    Such  determination  shall  finally  and
conclusively  fix  the  amount due, unless the person against whom it is
assessed shall, within thirty days after the giving of  notice  of  such
determination,  apply  in  writing  to  the commission for a hearing, or
unless the commission on its own motion shall reduce the  same.    After
such  hearing,  the  commission shall give notice of its decision to the
person liable therefor.  A determination of the  commission  under  this
section  shall  be  subject  to judicial review, if application for such
review is made within thirty days after the giving  of  notice  of  such
decision.    Any  determination  under this article shall be made within
five years from the time the return was filed and if no return was filed
such determination may be made at any time.
  (b) Any notice authorized or required under this article may be  given
by  mailing  the  same to the person for whom it is intended at the last
address given by him to the commission, or in the last return  filed  by
him  with  the  commission  under this article, or if no return has been
filed then to such address as may be obtainable.   The mailing  of  such
notice  shall  be  presumptive  evidence  of  the receipt of same by the
person to whom addressed.   Any period  of  time,  which  is  determined
according  to  the  provision  of this section, for the giving of notice
shall commence to run from the date of mailing of such notice.
  11. Every person required to pay a fee for a license or a permit under
this article shall pay the same upon filing of the application with  the
commission  for  such  license  or permit.   The fee for such license or
permit shall be prorated for the fiscal year for which the same is paya-
ble as of the date the application for such license or permit  is  filed
with  the commission.  The commission shall prorate and make a refund of
such fee for the period between the date of application and the date  of
the  issuance of such license or permit.  Upon surrender of such license
or permit or upon the revocation of any such license or permit issued to
an employee before the expiration of the  fiscal  year,  the  commission
shall make a refund prorated for the unexpired portion of the year, less
ten  per cent of such refund.  In the event of denial of any application
for a license or permit, the commission shall refund the fee  paid  upon
application, less ten per cent of such refund.

S. 3353                            78

  12.    Whenever  any person shall fail to pay, within the time limited
herein, any assessment or fee which he is required to pay to the commis-
sion under the provisions of this article  the  commission  may  enforce
payment of such assessment or fee by civil action for the amount of such
assessment or fee with interest and penalties.
  13.  The employment by a nonresident of a licensed person or permittee
for whom assessments or fees are payable in either state or  the  desig-
nation  by  a  nonresident  of a licensed person or permittee to perform
work in such state shall be deemed equivalent to an appointment by  such
nonresident  of  the secretary of state of such state to be his true and
lawful attorney upon whom may be served the process  in  any  action  or
proceeding  against  him growing out of any liability for assessments or
fees, penalties or interest, and a consent that any such process against
him which is so served shall be of the same legal force and validity  as
if served on him personally within such state and within the territorial
jurisdiction  of  the  court  from which the process issues.  Service of
process within either state shall  be  made  by  either  (1)  personally
delivering to and leaving with the secretary of state or a deputy secre-
tary  of  state  of such state duplicate copies thereof at the office of
the department of state in the capital city  of  such  state,  in  which
event  such  secretary  of state shall forthwith send by registered mail
one of such copies to the person at the last address designated  by  him
to  the  commission  for  any  purpose under this article or in the last
return filed by him under this article with the commission or  as  shown
on the records of the commission, or if no return has been filed, at his
last  known  office  address  within  or    without  such  state, or (2)
personally delivering to and leaving with the secretary of  state  or  a
deputy  secretary of state of such state a copy thereof at the office of
the department of state in the capital city of such state and by  deliv-
ering  a  copy  thereof  to  the  person, personally without such state.
Proof of such personal service without such state shall  be  filed  with
the  clerk  of  the  court in which the process is pending within thirty
days after such service and such service  shall  be  complete  ten  days
after proof thereof is filed.
  14.  Whenever  the commission shall determine that any moneys received
as assessments or fees were paid in error, it may cause the same  to  be
refunded,  provided an application therefor is filed with the commission
within two years from the time the erroneous payment was made.
  15. In addition to any other powers authorized hereunder, the  commis-
sion shall have power to make reasonable rules and regulations to effec-
tuate the purposes of this article.
  16.  When  any person shall wilfully fail to pay any assessment or fee
due hereunder he shall be assessed interest at a rate of  one  per  cent
per month on the amount due and unpaid and penalties of five per cent of
the  amount due for each thirty days or part thereof that the assessment
remains unpaid.  The commission may, for good cause shown, abate all  or
part of such penalty.
  17.   Any person who shall wilfully furnish false or fraudulent infor-
mation or shall  wilfully  fail  to  furnish  pertinent  information  as
required, with respect to the amount of any assessment or fee due, shall
be  guilty  of  a misdemeanor, punishable by a fine of not more than one
thousand dollars, or imprisonment for not more than one year, or both.
  18. All funds of the commission shall be deposited with such responsi-
ble banks or trust companies as may be  designated  by  the  commission.
The  commission  may  require that all such deposits be secured by obli-
gations of the United States or of the states of New York or New  Jersey

S. 3353                            79

of  a market value equal at all times to the amount of the deposits, and
all banks and trust companies are authorized to give such  security  for
such deposits.  The moneys so deposited shall be withdrawn only by check
signed  by  two  members  of the commission or by such other officers or
employees of the commission as it may from time to time designate.
  19. The accounts, books and records of the commission,  including  its
receipts,  disbursements,  contracts,  leases, investments and any other
matters relating to its financial standing shall be examined and audited
annually by independent auditors to be retained for such purpose by  the
commission.
  20.   The commission shall reimburse each state for any funds advanced
to the commission exclusive of sums  appropriated  pursuant  to  section
five of this article.

                               ARTICLE IX
               GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES

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

S. 3353                            80

by law without having to prove a general course of conduct, in order  to
prove a violation.

                                ARTICLE X
                  AMENDMENTS; CONSTRUCTION; SHORT TITLE

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

                                 PART V

  S 11. Prohibition against unions having officers, agents or  employees
who have been convicted of certain crimes and offenses.  No person shall
solicit,  collect  or  receive  any  dues, assessments, levies, fines or
contributions, or other charges within the state for or on behalf of any
labor organization which receives, directly or  indirectly,  twenty  per
cent  or  more of its dues, assessments, levies, fines or contributions,
or other charges from persons who hold licenses issued by the commission
pursuant to the airport commission compact, or for or  on  behalf  of  a
labor  organization  which derives its charter from a labor organization
which receives, directly or indirectly, twenty per cent or more  of  its
dues, assessments, levies, fines or contributions, or other charges from
persons  who  hold  licenses  issued  by  the commission pursuant to the
airport commission compact, if any officer, agent or  employee  of  such
labor organization, or of a welfare fund or trust administered partially
or  entirely  by such labor organization or by trustees or other persons
designated by such labor organization, has been convicted by a court  of
the  United  States, or any state or territory thereof, of a felony, any
misdemeanor involving moral turpitude or any crime or offense enumerated
in subdivision (a) of section three of article IV of the compact  estab-
lished  pursuant  to  part IV of this article, unless he has been subse-
quently pardoned therefor by the governor or other appropriate authority
of the state or jurisdiction in which such conviction  was  had  or  has
received    a certificate of good conduct or other relief from disabili-
ties arising from the fact of conviction from a board of parole or simi-
lar authority.  No person so convicted shall serve as an officer,  agent
or  employee  of  such  labor organization, welfare fund or trust unless
such person has been so pardoned or has received such a  certificate  of
good  conduct.    No  person, including such labor organization, welfare

S. 3353                            81

fund or trust, shall knowingly permit such convicted person to assume or
hold any office, agency or employment in violation of this section.
  As  used in this section, the term "labor organization" shall mean and
include any organization which exists and is constituted for the purpose
in whole or in part of collective bargaining, or of dealing with employ-
ers concerning grievances, terms and conditions  of  employment,  or  of
other  mutual  aid or protection;  but it shall not include a federation
or congress of labor organizations organized on a national  or  interna-
tional  basis even though one of its constituent labor organizations may
represent persons who hold licenses issued by the commission pursuant to
the airport commission compact.
  S 11-a. Prohibition against employer  organizations  having  officers,
agents  or  employees  who  have  been  convicted  of certain crimes and
offenses.  No person shall solicit, collect or receive any dues, assess-
ments, levies, fines or contributions, or other charges within the state
for or on behalf of any organization of employers (whether  incorporated
or  not)  twenty per cent or more of whose members have in their employ-
ment any employees who are members of a labor organization to which  the
prohibition  of  section eleven of this part is applicable, if any offi-
cer, agent or employee of such employer organization  or  of  a  welfare
fund or trust administered partially or entirely by such employer organ-
ization  or  by  trustees  or  other persons designated by such employer
organization, has been convicted by a court of the United States, or any
state or territory thereof, of a felony, any misdemeanor involving moral
turpitude or any crime or  offense  enumerated  in  subdivision  (a)  of
section  three of article IV of the compact established pursuant to part
IV of this article, unless he has been subsequently pardoned therefor by
the governor or other appropriate authority of the state or jurisdiction
in which such conviction was had or has received a certificate  of  good
conduct  or  other  relief  from  disabilities  arising from the fact of
conviction from a board of parole or similar authority.   No  person  so
convicted  shall serve as an officer, agent or employee of such employer
organization, welfare fund or trust  unless  such  person  has  been  so
pardoned  or  has  received  such  a certificate of good   conduct.   No
person, including such employer organization,  welfare  fund  or  trust,
shall  knowingly  permit  such  convicted  person  to assume or hold any
office, agency or employment in violation of this section.
  S 11-b. Exceptions to sections eleven and eleven-a for certain employ-
ees.  If upon application to the commission by an employee who has  been
convicted  of  a crime or offense specified in section eleven or section
eleven-a of this part the commission, in its discretion,  determines  in
an order that it would not be contrary to the purposes and objectives of
the airport commission compact for such employee to work in a particular
employment  otherwise  prohibited by section eleven or section eleven-a,
the provisions of section eleven or section eleven-a, as  the  case  may
be,  shall  not apply to the particular employment of such employee with
respect to such conviction  or  convictions  as  are  specified  in  the
commission's  order.  This section is applicable only to those employees
who for wages or salary perform manual, mechanical or physical work of a
routine or clerical nature at the premises of  the  labor  organization,
employer organization, welfare fund or trust by which they are employed.
  S  12. Civil penalties.  The commission may maintain a civil action on
behalf of the state against any  person  who  violates  or  attempts  or
conspires  to  violate  any provision of this act or who fails, omits or
neglects to obey, observe or comply with any order or direction  of  the
commission  issued under this article, to recover a judgment for a money

S. 3353                            82

penalty not exceeding five hundred dollars for each and  every  offense.
Every  violation  of  any  such provision, order or direction shall be a
separate and distinct offense and, in case of  a  continuing  violation,
every  day's  continuance  shall  be  and be deemed to be a separate and
distinct offense. Any such action may  be  settled  or  discontinued  on
application  of  the commission upon such terms as the court may approve
and a judgment may be rendered  for  an  amount  less  than  the  amount
demanded in the complaint as justice may require.
  S  13.  Civil enforcement.  The commission may maintain a civil action
against any person to compel compliance with any of  the  provisions  of
this  compact  or  any order or direction of the commission issued under
this compact or to  prevent  violations,  attempts  or  conspiracies  to
violate  any  such provisions, or interference, attempts or conspiracies
to interfere with or impede the enforcement of any  such  provisions  or
the  exercise  or performance of any power or duty thereunder, either by
mandamus, injunction or action or  proceeding  in  lieu  of  prerogative
writ.
  S  14.  Exemption  from arrest and service of process.  If a person in
obedience to a subpoena, issued pursuant to this article  directing  him
to attend and testify comes into either state party to this article from
the  other  state,  he  shall  not, while in that state pursuant to such
subpoena, be subject to arrest or the service of process, civil or crim-
inal, in connection with matters which arose before  his  entrance  into
such state under the subpoena.
  S  15.  Nonresident witnesses.   Any investigation, interview or other
proceeding conducted by the commission pursuant  to  the  provisions  of
this compact shall be deemed to be a civil action pending in the supreme
court in New York or in the superior court in New Jersey so as to permit
the  commission  to obtain disclosure, in accordance with the provisions
governing disclosure in such civil actions, from any person who  may  be
outside the states.
  S  16.  Officers and employees.  Any officer or employee in the state,
county or municipal civil service in either state who shall transfer  to
service  with  the commission may be given one or more leaves of absence
without pay and may, before the expiration of such leave  or  leaves  of
absence, and without further examination or qualification, return to his
former  position or be certified by the appropriate civil service agency
for retransfer to a comparable position in such state, county, or munic-
ipal civil service if such a position is then available.
  The commission may, by agreement with any federal  agency  from  which
any  officer  or  employee  may transfer to service with the commission,
make similar provision for the retransfer of such officer or employee to
such federal agency.
  Notwithstanding the provisions of any other law in either  state,  any
officer  or employee in the state, county or municipal service in either
state who shall transfer to service with the commission  and  who  is  a
member  of any existing state, county or municipal pension or retirement
system in New Jersey or New York, shall continue  to  have  all  rights,
privileges,  obligations and status with respect to such fund, system or
systems as if he had continued in his state, county or municipal  office
or employment, but during the period of his service as a member, officer
or  employee  of  the  commission,  all  contributions to any pension or
retirement fund or system to be paid by the employer on account of  such
member,  officer  or  employee,  shall  be paid by the commission.   The
commission may, by agreement with the appropriate federal  agency,  make

S. 3353                            83

similar  provisions relating to continuance of retirement system member-
ship for any federal officer or employee so transferred.
  S  17. Penalties.   Any person who shall violate any of the provisions
of this compact, for which no other  penalty  is  prescribed,  shall  be
guilty of a misdemeanor, punishable by a fine of not more than one thou-
sand dollars or imprisonment for not more than one year or both.
  S  18.  Short title.   This act shall be known and may be cited as the
"Waterfront and Airport Commission Act".

                                ARTICLE V
                 APPROVAL OR VETO POWER OF THE GOVERNOR

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

                               ARTICLE VI
                   BONDS ISSUED BY THE PORT AUTHORITY

Section 601. Definitions.
        602. Motor truck terminals.

S. 3353                            84

        603. Acquisition of real property for public use.
  S 601. Definitions. As used in this article:
  (a)  "Port  authority" means the port of New York authority created by
the compact of April thirtieth, nineteen hundred twenty-one and  contin-
ued by article I of this chapter, between the states of New York and New
Jersey.
  (b)  "Bonds  legal for investment" means bonds or other obligations or
securities of the port authority, in which savings banks in both of  the
two  said  states are now or may hereafter be authorized to invest funds
within their control.
  (c) "Terminal and/or transportation facilities" means terminal  and/or
transportation  facilities  and  shall have the same meaning as subdivi-
sions eleven and twelve of section one hundred four of this chapter.
  (d) "Surplus revenues" means, in the case of each terminal  or  trans-
portation  facility,  the balance of the revenues therefrom remaining at
any time currently  in  the  hands  of  the  port  authority  after  the
deduction of the current expenses of the operation and maintenance ther-
eof,  including  a proper proportion of the general expenses of the port
authority, and after the deduction of any amounts which the port author-
ity may or shall be obligated or may or shall have obligated  itself  to
pay  to or set aside out of the current revenues therefrom for the bene-
fit of the holders of any bonds legal  for  investment,  and  after  the
deduction of any amounts currently due to the two said states on account
of any advances made by the two said states to the port authority in aid
of the effectuation of such terminal or transportation facility.
  S  602.  Motor truck terminals.   The bonds or other obligations which
may be issued by the port authority from time to time to  provide  funds
for  the  establishment,  acquisition  and rehabilitation of motor truck
terminals (by which are meant terminals consisting of one or more  plat-
forms,  sheds,  buildings, structures, facilities or improvements neces-
sary, convenient or desirable in the opinion of the port  authority  for
the  accommodation  of  motor  trucks  for  the  loading or unloading of
freight upon or from motor trucks or the receipt, delivery,  storage  or
handling  of freight transported or to be transported by motor trucks or
the interchange or transfer thereof between carriers)  located  at  such
point or points within the port of New York district as the port author-
ity  may  deem  to  be  desirable and in the public interest, or for the
acquisition of real or personal property in connection therewith, or for
any other purpose in connection  with  the  establishment,  acquisition,
construction,  rehabilitation,  maintenance  or  operation of such truck
terminals or any of them, are hereby made securities in which all  state
and  municipal officers and bodies, all banks, bankers, trust companies,
savings banks, building and loan associations, savings and loan  associ-
ations,  investment  companies  and  other persons carrying on a banking
business, all insurance companies,  insurance  associations,  and  other
persons carrying on an insurance business, and all administrators, exec-
utors,  guardians, trustees and other fiduciaries, and all other persons
whatsoever, who are now or may hereafter  be  authorized  to  invest  in
bonds or other obligations of the state, may properly and legally invest
any funds, including capital, belonging to them or within their control;
and  said  obligations are hereby made securities which may properly and
legally be deposited with and shall be received by any state or  munici-
pal  officer or agency for any purpose for which the deposit of bonds or
other obligations of this state is now or may hereafter be authorized.
  S 603. Acquisition of real property for  public  use.    If,  for  the
purpose  of  effectuating,  acquiring,  constructing,  rehabilitating or

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improving any motor truck terminal, the port  authority  shall  find  it
necessary  or convenient to acquire any real property, as herein defined
in this state, whether for immediate or future use, the  port  authority
may find and determine that such property, whether a fee simple absolute
or a lesser interest, is required for public use, and upon such determi-
nation,  the  said  property shall be and shall be deemed to be required
for such public use until otherwise determined by the port authority.
  If the port authority is unable to agree for the  acquisition  of  any
such  real  property  for any reason whatsoever, then the port authority
may acquire and is hereby authorized to acquire such property, whether a
fee simple absolute or a lesser interest, by the exercise of  the  right
of  eminent  domain  under and pursuant to the provisions of the eminent
domain procedure law.
  The power of the port authority to  acquire  real  property  hereunder
shall  be a continuing power, and no exercise thereof shall be deemed to
exhaust it.
  Anything in this article to the contrary notwithstanding, no  property
now  or  hereafter  vested  in or held by the state or any county, city,
borough, village, township or other municipality shall be taken  by  the
port authority, without the authority or consent of the state or of such
county,  city,  borough,  village,  township  or  other  municipality as
provided in the compact of April thirty,  nineteen  hundred  twenty-one,
between the states of New York and New Jersey and continued by article I
of  this  chapter, nor shall anything herein impair or invalidate in any
way any bonded indebtedness of the state, or such county, city, borough,
village, township or other municipality, nor impair  the  provisions  of
law  regulating  the  payment into sinking funds of revenue derived from
municipal property, or dedicating the revenues  derived  from  municipal
property,  to  a  specific  purpose.    Moreover, no property devoted to
public use by any railroad or railway  corporation,  or  public  utility
corporation,  or  by  any  other corporation, shall be taken by the port
authority without the authority or consent of  such  corporation.    The
port  authority  is  hereby authorized and empowered to acquire from any
such county, city, borough, village, township or other municipality,  or
from  any  other  public agency or commission having jurisdiction in the
premises, or from any such corporation, by agreement therewith, and such
county, city, borough, village, township, municipality,  public  agency,
commission,  or  corporation,  notwithstanding any contrary provision of
law, is hereby authorized and empowered to grant and convey upon reason-
able terms and conditions any real property, which may be necessary  for
the  establishment,  construction,  acquisition, rehabilitation, mainte-
nance and operation of such truck terminals, including such real proper-
ty as has already been devoted to a public use.
  The port authority and its duly authorized agents and  employees  may,
in  the  case  of  land  situate in the state of New York subject to the
provisions of the eminent domain procedure law and in any other case  as
provided  by  law,  enter upon any land in this state for the purpose of
making such surveys, maps, or other examinations thereof as it may  deem
necessary or convenient for the purposes of this article.
  The term "real property" as used in this article is defined to include
lands,  structures,  franchises  and  interests in land, including lands
under water and riparian rights, and  any  and  all  things  and  rights
usually included within the said term, and includes not only fees simple
absolute  but  also  any  and  all  lesser interests, such as easements,
rights of way, uses, leases, licenses and all other incorporeal  heredi-
taments and every estate, interest or right, legal or equitable, includ-

S. 3353                            86

ing  terms of years, and liens thereon by way of judgments, mortgages or
otherwise, and also claims for damages to real estate.

                               ARTICLE VII
           PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM

Section 701. Payment of a fair and reasonable sum.
        702. Acceptance of payment.
  S 701. Payment of a fair and reasonable sum. To the end that counties,
cities, boroughs, villages, towns, townships and other municipalities in
the  port  of  New York district, may not suffer undue loss of taxes and
assessments by reason of the acquisition and ownership of property ther-
ein by the port authority, the port authority is hereby  authorized  and
empowered,  in  its  discretion,  to enter into a voluntary agreement or
agreements with any county, city, borough, village,  town,  township  or
other  municipality  in said port district, whereby it will undertake to
pay a fair and reasonable sum or sums annually in  connection  with  any
marine or inland terminal property owned by it, not in excess of the sum
last  paid as taxes upon such property prior to the time of its acquisi-
tion by the port authority.   Such payment or payments  which  the  port
authority  is  hereby authorized and empowered to make, shall be in such
amount or amounts and shall be payable at such time or times  and  under
such  terms  and  conditions  as shall be agreed upon by and between the
port authority and such county, city, village, borough,  town,  township
or other municipality concerned.
  S 702. Acceptance  of  payment.  Every county, city, village, borough,
town, township or other municipality in the port of  New  York  district
aforesaid  is  hereby authorized and empowered to enter into such agree-
ment or agreements with the port authority  to  accept  the  payment  or
payments  which the port authority is hereby authorized and empowered to
make.  The sums so received by any county, city, village, borough, town,
township or other municipality shall be devoted  to  purposes  to  which
taxes  may be applied, unless and until otherwise directed by the law of
the state in which such municipality is located.

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

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

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in such amounts and shall be payable at such times and under such  terms
and  conditions as shall be agreed upon by and between the authority and
such owners concerned.

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

Section 901. Procedure.
        902. Conveyances.
  S  901. Procedure. Whenever the port authority shall determine to sell
any real property which may have been acquired by the port authority  by
purchase,  condemnation  or otherwise, pursuant to any of its powers and
authorities, but which real property is  no  longer  required  for  such
purposes, the following procedure shall be followed:
  1. A map shall be made of such real property so determined as no long-
er required, which map shall be filed in the office of the port authori-
ty.
  2.  There  shall  be annexed to such map a certificate executed by the
chief engineer of the port authority stating that such real property  is
no longer required for such purposes.
  3.  All  or  any  portion  of said real property may be sold at either
private or public sale, and all deeds of conveyance therefor shall be by
bargain and sale and shall be executed by  the  chairman,  or  the  vice
chairman, or the general manager, or an assistant general manager of the
port authority and attested by the secretary thereof.
  S 902. Conveyances. The validity of all conveyances heretofore made by
the port authority is hereby ratified and confirmed.

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

S. 3353                            88

two states of bonds or moneys, or both, in an aggregate principal amount
equal to said appropriations, as hereinafter provided.
  S  1002.  Delivery of bonds and/or moneys.  Bonds, or moneys, or both,
in an aggregate principal amount of two million fifty  thousand  dollars
shall  be  delivered to each state within three months after the date on
which chapter 352 of the laws of 1946 and the concurrent article of  the
state of New Jersey take effect. Within fifteen months after the date on
which  chapter 352 of the laws of 1946 and the concurrent article of the
state of New Jersey take effect, an additional two  million  ninety-nine
thousand  nine  hundred  eighteen  dollars and twenty cents in aggregate
principal amount of bonds or moneys, or both, shall be delivered to  the
state  of  New  York  and an additional two million one hundred thousand
dollars in aggregate principal amount of bonds, or moneys, or both shall
be delivered to the state of New Jersey provided, that if, in the  opin-
ion of the commissioners of the port authority, financial conditions are
such as to make it desirable to postpone such delivery, then delivery of
said  additional  amounts  shall  be postponed in whole or in part until
such time, not later than five years from the effective date of  chapter
352 of the laws of 1946, as in the judgment of said commissioners finan-
cial conditions permit such delivery.
  The  port  authority shall determine whether payments made pursuant to
this article and the concurrent article of the state of New Jersey shall
be made by delivery of bonds or of moneys, or both,  and,  if  both,  in
what  proportions.  The moneys may, at the option of the port authority,
be paid in cash or by check. Delivery of bonds or moneys to the state of
New York shall be made by delivering or tendering  delivery  thereof  to
the  comptroller of the state of New York at his office at Albany during
regular business hours. Delivery of bonds or moneys to the state of  New
Jersey  shall be made by delivering or tendering delivery thereof to the
state treasurer at his office at Trenton during regular business hours.
  S 1003. Direct and general obligations of the  port  authority.    The
bonds  delivered  to  the  two  states  pursuant to this article and the
concurrent article of the state of New Jersey shall be direct and gener-
al obligations of the port authority, and  its  full  faith  and  credit
shall  be  pledged  for the prompt payment of the principal and interest
thereof. The payment of the principal  and  interest  thereof  shall  be
secured by the general reserve fund of the port authority, authorized by
chapter  forty-eight  of  the  laws  of New York of nineteen hundred and
thirty-one and continued by article VI of this chapter, and chapter five
of the laws of New Jersey of nineteen hundred and thirty-one;  and  said
general reserve fund shall be pledged as security for the payment of the
principal  and  interest  of said bonds and for the fulfillment of other
undertakings assumed by the port authority to or for the benefit of  the
holders  of  said  bonds.  Such pledge, however, shall be subject to the
right of the port authority to pledge said general reserve fund as secu-
rity for any other bonds, notes or evidences of indebtedness  whatsoever
hereafter  issued  by  the authority as security for which it may at the
time be authorized to pledge the said general  reserve  fund,  and  also
subject  to  the  right  of the port authority to use the moneys in said
general reserve fund to meet, pay or otherwise fulfill any of its  obli-
gations  under or in connection with any bonds, notes or other evidences
of indebtedness as security for which  said  general  reserve  fund  has
heretofore been or is now pledged or for which said general reserve fund
may  hereafter  be  pledged.  Moreover,  no greater rights in or to said
general reserve fund shall be granted to or conferred upon  the  holders
of  the  bonds  delivered to the two states pursuant to this article and

S. 3353                            89

the concurrent article of the state of New Jersey than have been granted
to and conferred upon the holders of general and refunding bonds of  the
port  authority  issued pursuant to the resolution of the port authority
adopted  March eighteenth, nineteen hundred and thirty-five, and amended
March twenty-fifth,  nineteen  hundred  and  thirty-five  and  September
sixteenth, nineteen hundred and forty-three.
  The  bonds  delivered to the two states pursuant to chapter 352 of the
laws of 1946 and continued by this article and the concurrent article of
the state of New Jersey shall be dated as of a date not more than thirty
days subsequent to the date on which delivery is made or tendered, shall
mature forty years from their date, and shall bear interest at the  rate
of one and one-half per centum per annum. Said bonds shall be subject to
redemption  at the option of the port authority, in whole or in part, on
any interest payment date or dates at one hundred percent of  their  par
value, plus accrued interest to the date set for redemption.
  Except  as  hereinbefore  specifically  provided,  the  port authority
shall, by resolution, determine the form, characteristics and all  other
matters  in  connection  with said bonds, including without limiting the
generality hereof, the denominations in  which  they  shall  be  issued,
provisions  with  respect  to  the exchange of bonds of one denomination
into bonds of another denomination, provisions with respect to the issu-
ance of temporary bonds and the exchange thereof for  definitive  bonds,
provisions  with respect to the establishment of a sinking fund or sink-
ing funds and for the use of the moneys in sinking fund to  purchase  or
redeem  bonds  prior  to  their maturity, provisions with respect to the
place of payment, provisions  with  respect  to  notice  of  redemption,
provisions  with  respect  to  the  paying  agent  or  the registrar and
provisions with respect to the method of signature.
  S 1004. Securities.   The bonds delivered by  the  port  authority  to
either  or both states pursuant to this article and the concurrent arti-
cle of the state of New Jersey, and any bonds, notes or other  evidences
of  indebtedness issued by the authority to provide moneys with which to
make payments to either or both states pursuant to this article and  the
concurrent  article  of the state of New Jersey, are hereby made securi-
ties in which all state  and  municipal  officers  and  bodies  of  both
states, all banks, bankers, trust companies, savings banks, building and
loan  associations,  savings and loan associations, investment companies
and other persons carrying on a banking business, all  insurance  compa-
nies,  insurance associations and other persons carrying on an insurance
business, and all administrators,  executors,  guardians,  trustees  and
other  fiduciaries, and all other persons whatsoever, who are now or may
hereafter be authorized by either state to  invest  in  bonds  or  other
obligations  of  such  state, may properly and legally invest any funds,
including capital, belonging to them or within their control;  and  said
obligations are hereby made securities which may properly and legally be
deposited  with  and shall be received by any state or municipal officer
or agency of either state for any purpose for which the deposit of bonds
or other obligations of such state is now or may  hereafter  be  author-
ized.
  S  1005.  Initial reimbursement of moneys advanced by the states.  The
first two million fifty thousand dollars paid to each state pursuant  to
this article and the concurrent article of the state of New Jersey shall
be  deemed  to  be  on  account of the moneys advanced by such state for
preliminary studies upon and in aid of the construction of  the  Bayonne
bridge  (formerly known as the Kill von Kull bridge); and from and after
the date on which the port authority shall have delivered to each  state

S. 3353                            90

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

                               ARTICLE XI
                           MOTOR BUS TERMINAL

Section 1101. Establishment.

S. 3353                            91

        1102. Funding.
        1103. Maintenance and operation.
        1104. Powers.
        1105. Acquisition of real property.
  S  1101.  Establishment.    Upon  the  concurrence of the state of New
Jersey, the states of New York and New  Jersey  hereby  agree  that  the
moneys  in the general reserve fund of the port authority, authorized by
chapter forty-eight of the laws of New York of one thousand nine hundred
thirty-one and continued by article VI of this chapter and chapter  five
of  the  laws  of New Jersey of one thousand nine hundred thirty-one, as
amended, may be pledged in whole or in part by  the  port  authority  as
security  for  or  applied  by  it to the repayment with interest of any
moneys which it may raise upon bonds,  notes  or  other  obligations  or
evidences  of  indebtedness,  issued  by it from time to time to provide
funds for the establishment, acquisition or rehabilitation  of  a  motor
bus  terminal  (by  which  is meant a terminal consisting of one or more
buildings, structures, improvements, loading or unloading areas, parking
areas or other facilities, necessary, convenient  or  desirable  in  the
opinion  of  the  port  authority for the accommodation of omnibuses and
other motor vehicles operated by carriers engaged in the  transportation
of passengers, or for the loading, unloading, interchange or transfer of
such  passengers  or  their baggage, or otherwise for the accommodation,
use or convenience of such passengers or such carriers or their  employ-
ees)  or  for  purposes incidental thereto;  and that the moneys in said
general reserve fund may  be  applied  by  the  port  authority  to  the
fulfillment  of any other undertakings which it may assume to or for the
benefit of the holders of any of such bonds;   and the two  said  states
further agree that the port authority may acquire by condemnation or the
right  of eminent domain such real property in each state as it may from
time to time deem necessary for or in connection with the establishment,
acquisition and rehabilitation of such motor bus terminal.
  S 1102. Funding.  The bonds, notes or other obligations  or  evidences
of  indebtedness  issued  by the port authority to provide funds for the
establishment, acquisition and rehabilitation of such motor bus terminal
are hereby made securities in which all state and municipal officers and
bodies of both states, all  banks,  bankers,  trust  companies,  savings
banks,  building  and  loan associations, savings and loan associations,
investment companies and other persons carrying on a  banking  business,
all insurance companies, insurance associations and other persons carry-
ing on an insurance business, and all administrators, executors, guardi-
ans,  trustees  and other fiduciaries, and all other persons whatsoever,
who are now or may hereafter be authorized by either state to invest  in
bonds  or  other  obligations  of  such  state, may properly and legally
invest any funds, including capital, belonging to them or  within  their
control; and said obligations are hereby made securities which may prop-
erly and legally be deposited with and shall be received by any state or
municipal  officer  or  agency of either state for any purpose for which
the deposit of bonds or other obligations of such state is  now  or  may
hereafter be authorized.
  S 1103. Maintenance and operation.  The establishment, maintenance and
operation  of  such  motor  bus  terminal  within  the  port of New York
district is and will be in all respects for the benefit of the people of
the states of New York  and  New  Jersey,  for  the  increase  of  their
commerce  and  prosperity  and  for  the improvement of their health and
living conditions; and the port authority shall be regarded as  perform-
ing  an essential governmental function in undertaking the construction,

S. 3353                            92

maintenance and operation thereof and in carrying out the provisions  of
law relating thereto.
  S  1104.  Powers.    Any  powers granted to the port authority by this
article and the concurrent act of the  state  of  New  Jersey  shall  be
regarded  as  in aid of and supplemental to and in no sense as a limita-
tion upon any of the other powers vested in it  by  the  two  states  or
either  of  them; and the port authority shall be authorized not only to
establish, acquire, rehabilitate, maintain, operate  and  from  time  to
time  improve  such motor bus terminal, but also to make incidental uses
of properties acquired for or in connection with such motor  bus  termi-
nal.
  S 1105. Acquisition of real property.  If, for the purpose of effectu-
ating,  acquiring,  constructing, rehabilitating or improving such motor
bus terminal, the port authority shall find it necessary  or  convenient
to  acquire any real property, as herein defined, in this state, whether
for immediate or future use, the port authority may find  and  determine
that  such property, whether a fee simple absolute or a lesser interest,
is required for public use, and upon such determination, the said  prop-
erty  shall  be  and  shall be deemed to be required for such public use
until  otherwise  determined  by  the  port  authority;  and  with   the
exceptions  hereinafter specifically noted, the said determination shall
not be affected by the fact that  such  property  has  theretofore  been
taken  for,  or  is then devoted to, a public use; but the public use in
the hands or under the control of the port  authority  shall  be  deemed
superior to the public use in the hands of any other person, association
or corporation.
  If  the  port  authority is unable to agree for the acquisition of any
such real property for any reason whatsoever, then  the  port  authority
may  acquire and is hereby authorized to acquire such property whether a
fee simple absolute or a lesser interest, by the exercise of  the  right
of  eminent  domain  under and pursuant to the provisions of the eminent
domain procedure law.
  Anything in this article to the contrary notwithstanding, no  property
now  or  hereafter  vested  in or held by the state or any county, city,
borough, village, township or other municipality shall be taken  by  the
port authority, without the authority or consent of the state or of such
county,  city,  borough,  village,  township,  or  other municipality as
provided in the compact of April thirtieth, nineteen hundred  twenty-one
and  continued  by  article I of this chapter, between the states of New
York and New Jersey, nor shall anything herein impair or  invalidate  in
any  way  any  bonded  indebtedness  of the state, or such county, city,
borough,  village,  township  or  other  municipality,  nor  impair  the
provisions  of  law regulating the payment into sinking funds of revenue
derived from municipal property, or dedicating the revenues derived from
municipal property to a specific purpose. The port authority  is  hereby
authorized and empowered to acquire from any such county, city, borough,
village, township or other municipality, or from any other public agency
or  commission  having jurisdiction in the premises, by agreement there-
with, and such county, city, borough, village,  township,  municipality,
public  agency  or commission, notwithstanding any contrary provision of
law, is hereby authorized and empowered to grant and convey upon reason-
able terms and conditions, any real property, which may be necessary for
the establishment, construction, acquisition, rehabilitation,  operation
and maintenance of such motor bus terminal, including such real property
as has already been devoted to a public use.

S. 3353                            93

  The  port  authority  and its duly authorized agents and employees may
pursuant to the provisions of the eminent  domain  procedure  law  enter
upon  any  land  in  this  state for the purpose of making such surveys,
maps, or other examination thereof as it may deem necessary  or  conven-
ient for the purposes of this article.
  The term "real property" as used in this article is defined to include
lands,  structures,  franchises  and  interests in land, including lands
under water and riparian rights, and  any  and  all  things  and  rights
usually included within the said term, and includes not only fees simple
absolute  but  also  any  and  all  lesser interests, such as easements,
rights of way, uses, leases, licenses and all other incorporeal  heredi-
taments and every estate, interest or right, legal or equitable, includ-
ing  terms of years, and liens thereon by way of judgments, mortgages or
otherwise, and also claims for damages to real estate.

                               ARTICLE XII
                            MARINE TERMINALS

Section 1201. Authorization.
        1202. Restrictions.
        1203. Definitions.
        1204. Municipality consent; legal process.
        1205. Agreement between the states.
        1206. Acquisition of land by eminent domain or condemnation.
        1207. Unappropriated lands.
        1208. Funding; bonds.
  S 1201. Authorization.   Upon the concurrence  of  the  state  of  New
Jersey,  the states of New York and New Jersey hereby agree that munici-
palities, as hereinafter defined, located within the Port  of  New  York
district  shall  be and they hereby are authorized to cooperate with the
Port Authority in the development of marine terminals, and the two  said
states further agree that the state of New Jersey may authorize the Port
Authority  to  acquire  by  condemnation or the exercise of the right of
eminent domain real property in  the  state  of  New  Jersey  necessary,
convenient or desirable for marine terminal purposes, under and pursuant
to the revised statutes of New Jersey, title 20:1-1, et. seq., or at the
option of the Port Authority, pursuant to such other or alternate proce-
dure  as may be provided by law by such state, and that the state of New
York may authorize the Port Authority to acquire real  property  in  the
state of New York necessary, convenient or desirable for marine terminal
purposes, under and pursuant to the eminent domain procedure law of that
state,  or at the option of the Port Authority pursuant to such other or
alternate procedure as may be provided by law by such state.
  S 1202. Restrictions. Nothing herein contained shall be  construed  to
authorize  the  Port  Authority  to acquire any marine terminal owned or
operated by any municipality or any  other  property  now  or  hereafter
vested  in or held by any municipality, without the authority or consent
of such municipality as provided in  the  compact  of  April  thirtieth,
nineteen  hundred twenty-one and continued by article I of this chapter,
between the states of New York and New Jersey, nor shall anything herein
impair or invalidate in any way any bonded indebtedness of the state, or
any municipality, nor  impair  the  provisions  of  law  regulating  the
payment  into  sinking funds of revenue derived from municipal property,
or dedicating the revenues derived from municipal property to a specific
purpose.
  S 1203. Definitions.  The following terms as used herein shall mean:

S. 3353                            94

  1. "Marine terminals" shall mean developments, consisting  of  one  or
more  piers,  wharves,  docks, bulkheads, slips, basins, vehicular road-
ways, railroad connections, side tracks,  sidings  or  other  buildings,
structures,  facilities  or improvements, necessary or convenient to the
accommodation  of  steamships  or  other  vessels  and  their cargoes or
passengers and shall also mean  waterfront  development  projects.    It
shall  also  include  such  highway projects in the vicinity of a marine
terminal providing improved access to such marine terminal as  shall  be
designated in legislation adopted by the two states. Notwithstanding any
contrary provision of law, general, special or local, it shall also mean
railroad  freight projects related or of benefit to a marine terminal or
which are necessary, convenient or desirable in the opinion of the  port
authority  for  the  protection or promotion of the commerce of the port
district, consisting of railroad freight  transportation  facilities  or
railroad  freight  terminal facilities;  and any equipment, improvement,
structure or facility or any land, and any building, structure, facility
or other improvement thereon, or any combination thereof, and  all  real
and  personal  property  in  connection therewith or incidental thereto,
deemed necessary or desirable in the  opinion  of  the  port  authority,
whether or not now in existence or under construction, for the undertak-
ing of such railroad freight projects.
  2.  "Marine terminal purposes" shall mean the effectuation, establish-
ment, acquisition, construction,  rehabilitation,  improvement,  mainte-
nance or operation of marine terminals.
  3.  "Municipality"  shall mean a county, city, borough, village, town-
ship, town, public agency, public authority or political subdivision.
  4. "Real property" shall mean lands, structures, franchises and inter-
ests in land, including waters, lands under water and  riparian  rights,
and any and all things and rights usually included within the said term,
and  includes  not only fees simple absolute but also any and all lesser
interests, including but not limited to easements, rights-of-way,  uses,
leases,  licenses  and  all  other  incorporeal  hereditaments and every
estate, interest or right, legal or equitable, including terms for years
and liens thereon by way or judgments, mortgages or otherwise.
  5. "Waterfront development projects" shall mean projects for the revi-
talization and economic development of waterfront property which is  (a)
not  in  use for the handling of water-borne cargoes, or (b) directly or
indirectly related to the water-borne movement of passengers  and  their
vehicles.    Such  projects  shall include but not be limited to hotels,
marinas, commercial offices, including the installation of a fiber optic
cable within its  boundaries,  or  facilities  which  serve  conference,
convention,  recreation  or entertainment purposes or are retail service
establishments, parking, technical, satellite antenna, similar  communi-
cation  or  other facilities related to any of the foregoing and associ-
ated improvements necessary to provide public access to such  waterfront
development  projects.  Notwithstanding the above, a waterfront develop-
ment project authorized by this act shall  not  contain  any  technical,
satellite  antenna  or  similar  telecommunications facility unless such
facility is directly used by, and for the sole  benefit  of,  end  users
located on the site of the project. Furthermore, no port authority money
shall be used directly or indirectly in the financing or construction of
said telecommunications facility.
  S  1204.  Municipality consent; legal process.  1. Notwithstanding any
contrary provision of law, any municipality located within the  Port  of
New  York  district is authorized and empowered to consent to the use by
the Port Authority of any marine terminal owned by such municipality  or

S. 3353                            95

of  any  real or personal property owned by such municipality and neces-
sary, convenient or desirable in the opinion of the Port  Authority  for
marine  terminal  purposes,  including such real property as has already
been  devoted  to  a  public use, and as an incident to such consent, to
grant, convey, lease or otherwise transfer to  the  Port  Authority  any
such  marine  terminal  or real or personal property, upon such terms as
may be determined by the Port Authority and such  municipality.    Every
such  municipality  is also authorized and empowered to vest in the Port
Authority the control, operation, maintenance, rents, tolls, charges and
any and all other revenues of any marine  terminal  now  owned  by  such
municipality,  the title to such marine terminal remaining in such muni-
cipality.  Such consent shall be given, and the execution of any  agree-
ment,  deed,  lease,  conveyance  or  other  instrument  evidencing such
consent or given as an incident  thereto  shall  be  authorized  in  the
manner provided in article twenty-two of the compact of April thirtieth,
nineteen  hundred  twenty-one  between  the two states creating the Port
Authority and continued by subdivision 2 of section 104 of this chapter.
  2. The states of New York and New  Jersey  hereby  consent  to  suits,
actions or proceedings of any form or nature in law, equity or otherwise
by  any municipality against the Port Authority upon, in connection with
or arising out of any such agreement,  agreements  or  any  modification
thereof or supplement thereto, for the following types of relief and for
such purposes only:
  (a) for money damages for breach thereof;
  (b)  for  money  damages for torts arising out of the operation of the
municipal marine terminal;
  (c) for rent;
  (d) for specific performance;
  (e) for reformation thereof;
  (f) for an accounting;
  (g) For declaratory judgment;
  (h) for judgments, orders or decrees restraining or enjoining the Port
Authority from transferring title to real property to third  persons  in
cases  where  it  has contracted with such municipality to transfer such
title to such municipality; and
  (i) for judgments, orders or decrees restraining or enjoining the Port
Authority from committing or continuing to commit other breaches of such
agreements with such municipality, provided that such judgment, order or
decree shall not be entered except upon two days' prior  written  notice
to  the  Port  Authority  of  the  proposed  entry  thereof and provided
further, that upon an appeal taken by the Port Authority from such judg-
ment, order or decree the service of the notice of appeal shall  perfect
the  appeal  and  shall  stay  the  execution of such judgment, order or
decree appealed from, without an undertaking or other security.
  3. When rules of venue are applicable, the venue  of  any  such  suit,
action or proceeding shall be laid in the county or judicial district in
which the marine terminal, which is the subject matter of such agreement
between  the  Port Authority and such municipality, or any part thereof,
is located.
  4. If any clause, sentence, paragraph, or part of this subdivision  or
the  application  thereof to any person or circumstances, shall, for any
reason, be adjudged by a court of competent jurisdiction to be  invalid,
such  judgment  shall not affect, impair, or invalidate the remainder of
this subdivision, and the application thereof to  any  other  person  or
circumstances,  but  shall  be  confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy

S. 3353                            96

in which such judgment shall have been rendered and  to  the  person  or
circumstances involved.
  S  1205. Agreement between the states.  This section and the preceding
sections hereof constitute an agreement between the states of  New  York
and New Jersey supplementary to the compact between the two states dated
April thirtieth, nineteen hundred twenty-one, and amendatory thereof and
continued  by article I of this chapter and shall be liberally construed
to effectuate the purposes of said compact and of the comprehensive plan
heretofore adopted by the two states pursuant thereto,  and  the  powers
vested  in  the Port Authority hereby shall be construed to be in aid of
and supplemental to and not in limitation or derogation of  any  of  the
powers heretofore conferred upon or delegated to the Port Authority.
  S  1206.  Acquisition  of  land  by  eminent  domain  of condemnation.
Subject to the limitation provided for in section twelve hundred two  of
this article that the Port Authority may not acquire any marine terminal
owned or operated by any municipality or any other property vested in or
held  by any municipality without the authority or consent of such muni-
cipality, the Port Authority may, at its option, exercise the  right  of
eminent  domain or condemnation to acquire real property in the state of
New York for marine terminal purposes as set forth in this section:
  1. If for any of the purposes of  this  article  (including  temporary
construction  purposes,  and  the  making  of  additions, extensions, or
improvements to marine terminals already constructed) the Port Authority
shall find it necessary, convenient or desirable  to  acquire  any  real
property  as  herein  defined,  whether for immediate or future use, the
Port Authority may find and determine that such property, whether a  fee
simple  absolute or a lesser interest, is required for a public use, and
upon such determination, the said real property shall be  and  shall  be
deemed  to be required for such public use until otherwise determined by
the Port Authority;  and, subject to the limitation hereinbefore specif-
ically noted, the said determination shall not be affected by  the  fact
that  such  property  has theretofore been taken for, or is then devoted
to, a public use;  but the public use in the hands or under the  control
of  the Port Authority shall be deemed superior to the public use in the
hands of any other person, association or corporation, provided,  howev-
er,  that  nothing  herein  contained  shall  be construed to permit the
taking by exercise of the right of eminent domain by the Port  Authority
of any property owned by any railroad or railway corporation and devoted
to  use  by such corporation in its operations, or acquired prior to the
effective date of this act and held for such use, without the  authority
or consent of such corporation.
  The  Port  Authority  may  acquire and is hereby authorized to acquire
such property, whether a fee simple absolute or a  lesser  interest,  by
the  exercise  of  the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure law of the state of New York.
  2. Unless and until the state of New York otherwise provides  by  law,
the  Port Authority shall not have the power to acquire real property in
the state of New York for marine terminal purposes  by  condemnation  or
the  right  of  eminent  domain  except for real property within the two
tracts in the borough of Brooklyn, county of Kings, city  and  state  of
New  York,  hereinafter  bounded and described, necessary, convenient or
desirable, in the opinion of the Port  Authority,  for  the  purpose  of
making  additions,  extensions  or  improvements  to  the Port Authority
marine terminal known as the Brooklyn-Port Authority piers:
  (a) TRACT I

S. 3353                            97

  BEGINNING at a point formed by the intersection of the  centerline  of
Fulton  Street  and  the  centerline of Furman Street running thence (1)
southwesterly along the centerline of Furman Street to the northeasterly
side of Joralemon Street;  thence (2) northwesterly along the northeast-
erly  side of Joralemon Street three hundred twenty five and twenty-five
one hundredths feet more or less, to the point of intersection  of  said
northeasterly  side  of Joralemon Street with the southeasterly boundary
of the land granted by the people of the state of New York to  New  York
Dock  Company by grant dated April 1, 1902 and recorded in the office of
the Regster of Kings county on April 19, 1902 in liber 16, section 1  of
conveyances,  page 52; thence (3) southwesterly along said southeasterly
boundary of the grant to New York Dock Company thirty feet to the  point
of  intersection of said southeasterly boundary of the grant to New York
Dock Company with the northeasterly boundary of the grant  made  by  the
people  of the state of New York to John Schenck and others dated August
2, 1851 and recorded in the office of the Register of  Kings  county  in
liber 532 of conveyances at page 310; thence (4) northwesterly along the
northeasterly  boundary line of said grant to Schenck and others, forty-
three and eighty-nine one-hundredths feet to the point  of  intersection
of  said  course  number (4) with a line drawn parallel with and distant
one and eighty-five one-hundredths feet northwesterly from the northwes-
terly boundary (or a northeasterly projection of said boundary) of lands
conveyed by New York Dock Company to  New  York  Dock  Trade  Facilities
Corporation  by  deed dated August 1, 1928 and recorded in the office of
the Register of Kings county in liber 4957 of conveyances at  page  239;
thence  (5)  southwesterly along said line above-mentioned parallel with
the northwesterly boundary (or a northeasterly projection of said bound-
ary) of said lands conveyed to New York  Dock  Trade  Facilities  Corpo-
ration,  thirty-three  and  seventy  one-hundredths feet to the point of
intersection of said course number (5) with the  southwesterly  face  of
the column standing at the northwesterly corner of the building known as
the Trade Facilities Building;  thence (6) southeasterly at right angles
to  said  course  no. (5) along the southwesterly face of the above-men-
tioned column, one and eighty-five one-hundredths feet to the  point  of
intersection  of  said course number (6) with the northwesterly boundary
of the above-mentioned lands conveyed by New York Dock  Company  to  New
York  Dock Trade Facilities Corporation;  thence (7) southwesterly along
said northwesterly boundary of lands conveyed to  New  York  Dock  Trade
Facilities  Corporation,  three  hundred sixty-nine and seventy one-hun-
dredths feet, to the point of intersection of  said  course  number  (7)
with  the  southwesterly  boundary of lands granted by the people of the
state of New York to Harriet D.  Talmage by grant dated August  2,  1851
and recorded in the office of the Register of Kings county in liber 4937
of  conveyances  at page 185; thence (8) northwesterly along said south-
westerly boundary of the land of Harriet D. Talmage and along the south-
westerly boundary of grant made by the people of the state of  New  York
to Franklin Woodruff by deed dated November 22, 1881 and recorded in the
office  of  the Register of Kings county in liber 1445 of conveyances at
page 247; and along the southwesterly boundary line of lands granted  by
the  people  of  the state of New York to New York Dock Company by grant
dated April 1, 1902 and recorded in the office of the Register of  Kings
county  in  liber  16,  section  1  of conveyances, page 52, for a total
distance of seven hundred sixty-six and seventeen  one-hundredths  feet,
more or less, as measured along said southwesterly boundary lines of the
aforesaid  grants  to  the  point  of intersection of said southwesterly
boundary line of lands granted to New York Dock Company by grants  dated

S. 3353                            98

April  1,  1902  and  November  14, 1907 with the exterior pierhead line
established by the New York Harbor Line Board on November  4,  1897  and
confirmed  by chapter 776 of the laws of 1900;  thence (9) northeasterly
along  said  exterior pierhead line to the intersection thereof with the
centerline of Fulton Street projected westerly; thence (10) southeaster-
ly along the centerline of Fulton Street  as  projected  to  the  inter-
section  thereof  with  the  centerline of Furman Street at the point or
place of beginning.
  (b) TRACT II
  BEGINNING at a point formed by the intersection of the southerly  line
of  Atlantic Avenue and the centerline of Columbia Street running thence
(1) southwesterly along the centerline of Columbia Street to the  inter-
section  thereof  with  the  centerline  of  Kane  Street;    thence (2)
northwesterly along the centerline of Kane Street  to  the  intersection
thereof  with  the centerline of Van Brunt Street;  thence (3) southwes-
terly along the centerline of Van Brunt Street to the intersection ther-
eof with the centerline of Summit  Street;    thence  (4)  northwesterly
along  the  centerline of Summit Street to the intersection thereof with
the centerline of Imlay Street;   thence  (5)  southwesterly  along  the
centerline  of  Imlay  Street  to a point where said centerline of Imlay
Street intersects the centerline  of  Bowne  Street  (sixty  feet  wide)
projected  northwesterly  across  Imlay  Street  and  the  line of lands
conveyed by New York Dock Company to Imlay  Corporation  by  deed  dated
July  28, 1950;  thence (6) northwesterly along said centerline of Bowne
Street projected northwesterly from the centerline  of  Imlay  Street  a
distance  of  one  hundred  thirty-three feet seven inches more or less;
thence (7) southwesterly parallel with the northwesterly side  of  Imlay
Street five hundred twenty feet to a point in a line which is the center
line  of  Commerce Street projected northwesterly from the northwesterly
side of Imlay Street;  thence (8) northwesterly along said line which is
the center line of Commerce  Street  projected  northwesterly  from  the
northwesterly side of Imlay Street twenty-three feet six inches;  thence
(9)  southwesterly  parallel with the northwesterly side of Imlay Street
four hundred fifty-seven feet eight inches;   thence (10)  northwesterly
parallel   with  the  northeasterly  side  of  Verona  Street  projected
northwesterly across Imlay Street four feet eight  inches;  thence  (11)
southwesterly parallel with the northwesterly side of Imlay Street nine-
ty-two  feet  four inches to the intersection of said course number (11)
with the southwesterly side of  Verona  Street  projected  northwesterly
across  Imlay  Street; thence (12) northwesterly along the southwesterly
side of Verona Street projected  northwesterly  from  the  northwesterly
side  of Imlay Street forty-three feet three inches to the southeasterly
boundary of Commercial Wharf;    thence  (13)  southwesterly  along  the
southeasterly  boundary  of Commercial Wharf four hundred ninety feet to
the centerline of  Pioneer  Street  (sixty  feet  wide);    thence  (14)
northwesterly  along  the  centerline  of Pioneer Street ten feet to the
centerline of Conover Street as extended;    thence  (15)  southwesterly
along  the  centerline  of Conover Street two hundred sixty feet more or
less to the intersection thereof with the  centerline  of  King  Street;
thence  (16)  northwesterly  along  the  centerline  of King Street five
hundred sixty feet more or less to the  intersection  thereof  with  the
centerline  of  Ferris  Street;    thence  (17)  southwesterly along the
centerline of Ferris Street one hundred forty-four feet  more  or  less;
thence  (18)  northwesterly and parallel with the centerline of Sullivan
Street four hundred twenty-six feet;  thence (19) northeasterly parallel
with the northwesterly side of Ferris Street  three  hundred  thirty-one

S. 3353                            99

feet  three and one half inches;  thence (20) northwesterly along a line
forming an exterior angle of ninety-nine degrees fifty-four minutes  and
forty-one  seconds  with  course number (19) hereof, two hundred thirty-
eight  feet  two  inches  to the United States pierhead line thence (21)
northeasterly along the United States pierhead  line  to  the  point  of
intersection  of said pierhead line with a line drawn in continuation of
the southerly side of Atlantic Avenue;  thence (22) southeasterly  along
said line drawn in continuation of the southerly side of Atlantic Avenue
and along the said southerly side of Atlantic Avenue, one thousand three
hundred  seventy-five  and sixty-seven one-hundredths feet, more or less
to the point or place of beginning.
  3. The foregoing limitations shall not be construed to  limit,  affect
or  impair  the  power of the Port Authority to acquire real property at
any time or place for marine terminal purposes by negotiation or in  any
manner  other  than  by  condemnation  or  the  exercise of the right of
eminent domain.
  S 1207. Unappropriated lands.  In the event that  the  Port  Authority
shall find it necessary or desirable to acquire any unappropriated state
land  or  lands under water in the state of New York for marine terminal
purposes, the commissioner of general services may  grant,  transfer  or
convey  such  unappropriated state land or lands under water to the Port
Authority under such terms and conditions as may be determined  by  said
commissioner.
  S  1208.  Funding; bonds. The obligations issued by the port authority
to provide funds for any marine terminal purpose are hereby made securi-
ties in which all state  and  municipal  officers  and  bodies  of  both
states,  all  trust  companies  and  banks other than savings banks, all
building and loan associations, savings and loan  associations,  invest-
ment  companies and other persons carrying on a commercial banking busi-
ness, all insurance companies, insurance associations and other  persons
carrying  on  an  insurance business, and all administrators, executors,
guardians, trustees and other fiduciaries, and  all  other  persons  and
legal entities whatsoever (other than savings banks), who are now or may
hereafter  be  authorized  by  either  state  to invest in bonds of such
state, may properly and legally invest  any  funds,  including  capital,
belonging  to  them  or  within  their control, and said obligations are
hereby made securities which may properly and legally be deposited  with
and  shall  be  received  by any state or municipal officer or agency of
either state for any purpose for which the  deposit  of  bonds  of  such
state  is now or may hereafter be authorized.  The obligations issued by
the port authority to provide funds for any marine terminal  purpose  as
security  for  which  the  general  reserve  fund  of the port authority
authorized by chapter forty-eight of the laws of New  York  of  nineteen
hundred  thirty-one as amended and continued by article VI of this chap-
ter, shall have been pledged in whole or in part are hereby made securi-
ties in which all savings banks also may properly and legally invest any
funds, including capital, belonging to them or within their control.

                              ARTICLE XIII
                              AIR TERMINALS

Section 1301. Authorization.
        1302. Restrictions.
        1303. Definitions.
        1304. Purpose.
        1304-a. Operation of air terminals; noise prohibition.

S. 3353                            100

        1305. Taxes; assessments.
        1306. General reserve fund; repayment.
        1307. Bonds.
        1308. Municipality consent.
        1309. Acquisition limitations.
        1310. Federal aid.
        1311. Lands under water.
        1312. Repayment of bonds and obligations.
        1313. Contrary declarations.
        1314. Agreement between the states.
        1315. Federal aid procedure; application.
  S  1301.  Authorization.    Upon  the  concurrence of the state of New
Jersey, the states of New York and New Jersey  declare  and  agree  that
each air terminal within the Port of New York District serves the entire
district,  and  that  the  problem of furnishing proper and adequate air
terminal facilities within the district is  a  regional  and  interstate
problem,  and  that  it  is and shall be the policy of the two states to
encourage the integration of such air terminals so far as practicable in
a unified system.
  Accordingly, in furtherance of said policy and in partial effectuation
of the comprehensive plan, heretofore adopted by the two states for  the
development of terminal and transportation facilities in the Port of New
York District, the states of New York and New Jersey agree that the port
authority   shall  be  authorized  to  effectuate,  establish,  acquire,
construct, rehabilitate, improve, maintain and operate air terminals, as
hereinafter defined, within the Port of New York District, and  the  two
said  states  further  agree  that  all cities and other state and local
agencies shall be and they hereby are authorized to cooperate  with  the
port  authority  in  the  development  of  air terminals, as hereinafter
provided.
  S 1302. Restrictions.  Nothing herein contained shall be construed  to
authorize  the port authority to acquire any air terminal owned or oper-
ated by any city or other municipality or public authority, or any other
property now or hereafter vested in or held by any city or other munici-
pality or public authority, without the authority  or  consent  of  such
city  or  other  municipality  or  public  authority, as provided in the
compact of April thirtieth, nineteen hundred twenty-one,  and  continued
by  article  I  of  this chapter, between the states of New York and New
Jersey, nor shall anything herein impair or invalidate in  any  way  any
bonded  indebtedness  of the state, or any city or other municipality or
public authority, nor  impair  the  provisions  of  law  regulating  the
payment  into  sinking funds of revenue derived from municipal property,
or dedicating the revenues derived from municipal property to a specific
purpose.
  S 1303. Definitions.  The following terms as used herein  shall  mean:
1.  "Air  terminals"  shall  mean  developments  consisting  of runways,
hangars, control towers, ramps, wharves,  bulkheads,  buildings,  struc-
tures,  parking  areas,  improvements, facilities or other real property
necessary, convenient or desirable for the landing, taking off, accommo-
dation and servicing of aircraft of all types, including but not limited
to airplanes, airships, dirigibles,  helicopters,  gliders,  amphibians,
seaplanes,  or any other contrivance now or hereafter used for the navi-
gation of or flight in air or space, operated by carriers engaged in the
transportation of passengers or cargo, or for  the  loading,  unloading,
interchange  or  transfer  of  such passengers or their baggage, or such
cargo, or otherwise for the accommodation, use or  convenience  of  such

S. 3353                            101

passengers, or such carriers or their employees (facilities and accommo-
dations  at  sites  removed from landing fields and other landing areas,
however, except as otherwise provided in this section, to be limited  to
ticket  stations  and  passenger stations for air passengers, to express
and freight stations for air express and air freight, and to beacons and
other aids to air navigation), or for the landing, taking off,  accommo-
dation and servicing of aircraft owned or operated by persons other than
carriers.    It  shall  also  mean facilities providing access to an air
terminal, consisting of rail, rapid  transit  or  other  forms  of  mass
transportation  which  furnish a connection between the air terminal and
other points in the port district, including appropriate mass  transpor-
tation  terminal  facilities  at  and within the air terminal itself and
suitable offsite facilities for the  accommodation  of  air  passengers,
baggage, mail, express, freight and other users of the connecting facil-
ity.  It shall also mean such highway project or projects in the vicini-
ty  of an air terminal providing improved access to such air terminal as
shall be designated in legislation adopted by the two  states.  Notwith-
standing  any  contrary  provision of law, general, special or local, it
shall also mean railroad freight projects related or of  benefit  to  an
air  terminal  or  which  are  necessary, convenient or desirable in the
opinion of the port authority for the protection  or  promotion  of  the
commerce  of the port district, consisting of railroad freight transpor-
tation facilities or railroad freight  terminal  facilities;    and  any
equipment,  improvement,  structure  or  facility  or  any land, and any
building, structure, facility  or  other  improvement  thereon,  or  any
combination  thereof,  and  all real and personal property in connection
therewith or incidental thereto, deemed necessary or  desirable  in  the
opinion  of the port authority, whether or not now in existence or under
construction, for the undertaking of such railroad freight projects.
  2. "Air terminal bonds" shall mean bonds issued by the port  authority
for air terminal purposes.
  3. "Air terminal purposes" shall mean the effectuation, establishment,
acquisition,  construction,  rehabilitation, improvement, maintenance or
operation of air terminals owned, leased or operated by the port author-
ity of New York and New Jersey (including airports operated under  revo-
cable  permits)  or  operated  by others pursuant to agreements with the
port authority.
  4. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness.
  5. "General reserve fund" shall mean the general reserve fund  of  the
port authority authorized by chapter forty-eight of the laws of New York
of nineteen hundred thirty-one as amended and continued by article VI of
this  chapter,  and  chapter  five of the laws of New Jersey of nineteen
hundred thirty-one, as amended.
  6. "General reserve fund statutes" shall mean chapter  forty-eight  of
the  laws  of  New  York  of  nineteen hundred thirty-one as amended and
continued by article VI of this chapter, and chapter five of the laws of
New Jersey of nineteen hundred thirty-one, as amended.
  7. "Municipality" shall mean a county, city, borough,  village,  town-
ship, town, public agency, public authority or political subdivision.
  8. "Real property" shall mean lands, structures, franchises and inter-
ests  in  land,  including air space and air rights, waters, lands under
water and riparian rights, and any and all things  and  rights  included
within  the  said  term,  and includes not only fees simple absolute but
also any and all lesser interests, including but not  limited  to  ease-
ments,  rights  of way, uses, leases, licenses and all other incorporeal

S. 3353                            102

hereditaments and every estate, interest or right, legal  or  equitable,
including  terms  for years and liens thereon by way of judgments, mort-
gages or otherwise.
  S  1304.  Purpose.    The  effectuation,  establishment,  acquisition,
construction, rehabilitation, improvement, maintenance and operation  of
air  terminals  by the port authority is and will be in all respects for
the benefit of the people of the states of New York and New Jersey,  for
the  increase  of their commerce and prosperity, and for the improvement
of their health and living conditions;  and the port authority shall  be
regarded as performing an essential governmental function in undertaking
the  effectuation,  establishment,  acquisition, construction, rehabili-
tation, improvement, maintenance or operation thereof, and  in  carrying
out the provisions of law relating thereto.
  S  1304-a.  Operation of air terminals; noise prohibition. 1. The port
authority shall not permit or contract for the landing or takeoff of any
aircraft which emits a noise in excess of 108 EPNdB as measured  as  set
forth herein at any airport it maintains or operates; provided, however,
in  any  case  of emergency involving the possible saving of human life,
the prohibition of this subdivision may be temporarily suspended.
  2. Measurement. For purposes of this section, aircraft noise is to  be
measured at the following points:
  (a)  For  takeoff, at a point 3.5 nautical miles from the start of the
takeoff roll on the extended centerline of the runway;
  (b) For approach, at a point one nautical mile from the  threshold  on
the extended centerline of the runway;  and
  (c)  For  the  sideline,  at the point, on a line parallel to and 0.25
nautical miles from the extended centerline of  the  runway,  where  the
noise  level  after  liftoff  is  greatest,  except  that, for airplanes
powered by more than three turbojet engines, this distance must be  0.35
nautical miles.
  3.  Exceptions.   Notwithstanding the requirements of subdivisions one
and two of this section the port authority in its discretion may, up  to
a  maximum noise level not exceeding 112 PNdB on takeoff, as measured by
the port authority in the manner used by the port authority to make such
measurements on the effective date of this section, grant  an  exception
thereto  to  any classification of aircraft built prior to the effective
date of this article and which has heretofore used the  airport  facili-
ties  of  the  port authority, even though said aircraft does not comply
with subdivisions one and two of this section, upon a showing  that  (a)
the  aircraft  is  capable  of being equipped with retrofit equipment to
reduce the noise thereof to comply with the  foregoing  requirements  of
the  airport  operator,  and, in addition, (b) that such modification by
way of retrofit to reduce its noise  shall  be  accomplished  upon  such
terms  and  conditions  to  assure  compliance as the port authority, as
airport operator, may require, within five years of the date of applica-
tion for an exception hereunder but in no event later than  June  first,
nineteen hundred eighty-one.
  S  1305.  Taxes;  assessments. The port authority shall be required to
pay no taxes or assessments upon any of the property acquired or used by
it for air terminal purposes;   but  this  shall  not  be  construed  to
prevent  the port authority and municipalities from entering into agree-
ments for the payment of fair and reasonable sums by the port  authority
annually  in  accordance  with legislation heretofore adopted by the two
states, to the end that such municipalities may not suffer undue loss of
taxes and assessments by reason of  the  acquisition  and  ownership  of
property by the port authority for air terminal purposes.

S. 3353                            103

  S  1306.    General reserve fund; repayment. The moneys in the general
reserve fund of the port authority may be pledged in whole or in part by
the port authority as security for or applied by  it  to  the  repayment
with  interest  of any moneys which it may raise upon bonds issued by it
from  time  to time to provide funds for air terminal purposes;  and the
moneys in said general reserve fund may be applied by the port authority
to the fulfillment of any other undertakings which it may assume  to  or
for the benefit of the holders of any such bonds.
  Subject to prior liens and pledges, (and to the obligation of the port
authority  to  apply  revenues to the maintenance of its general reserve
fund in the amount prescribed by the general reserve fund statutes), the
revenues of the port authority from facilities established, constructed,
acquired or effectuated through the issuance or sale  of  bonds  of  the
port  authority  secured  by a pledge of its general reserve fund may be
pledged in whole or in part as security for or  applied  by  it  to  the
repayment  with  interest  of  any  moneys which it may raise upon bonds
issued by it to provide funds for air terminal purposes, and said reven-
ues may be applied by the port authority to the fulfillment of any other
undertakings which it may assume to or for the benefit of the holders of
such bonds.
  S 1307. Bonds. The bonds issued by the port authority to provide funds
for air terminal purposes are hereby made securities in which all  state
and  municipal  officers  and bodies of both states, all banks, bankers,
trust companies, savings banks, building and loan associations,  savings
and  loan  associations, investment companies and other persons carrying
on a banking business, all insurance companies,  insurance  associations
and other persons carrying on an insurance business, and all administra-
tors,  executors,  guardians,  trustees  and  other fiduciaries, and all
other persons whatsoever, who are now or may hereafter be authorized  by
either  state to invest in bonds or other obligations of such state, may
properly and legally invest any funds, including capital,  belonging  to
them or within their control;  and said bonds are hereby made securities
which  may  properly and legally be deposited with and shall be received
by any state or municipal officer or agency  of  either  state  for  any
purpose  for  which  the  deposit  of bonds or other obligations of such
state is now or may hereafter be authorized.
  S  1308.  Municipality  consent.  1.  Notwithstanding   any   contrary
provision of law, every municipality in the Port of New York District is
authorized  and empowered to consent to the use by the port authority of
any air terminal owned by such municipality or of any real  or  personal
property owned by such municipality and necessary, convenient or desira-
ble  in  the  opinion  of  the port authority for air terminal purposes,
including such real property as has already been  devoted  to  a  public
use,  and  as  an  incident to such consent, to grant, convey, lease, or
otherwise transfer to the port authority any such air terminal  or  real
or  personal  property, upon such terms as may be determined by the port
authority and such  municipality.    Every  such  municipality  is  also
authorized  and  empowered as an incident to such consent to vest in the
port authority the control, operation, maintenance, rents, tolls, charg-
es and any and all other revenues of any air terminal now owned by  such
municipality,  the  title to such air terminal remaining in such munici-
pality.  Such consent shall be given and the execution of any agreement,
deed, lease, conveyance, or other instrument evidencing such consent  or
given  as an incident thereto shall be authorized in the manner provided
in article twenty-two  of  the  compact  of  April  thirtieth,  nineteen

S. 3353                            104

hundred  twenty-one, and continued by article I of this chapter, between
the two states creating the port authority.
  2.  Notwithstanding  any contrary provision of law, every municipality
outside the port district is authorized and empowered to consent to  the
use  of  real property owned by such municipality and necessary, conven-
ient or desirable in the opinion of the port authority  for  beacons  or
other aids to navigation, or to the use of any air space over real prop-
erty owned by such municipality;  and as an incident to such consent, to
grant,  lease,  convey  or otherwise transfer to the port authority such
real property or air space.
  Such consent shall be given and the execution of any agreement,  deed,
lease,  conveyance  or other instrument evidencing such consent or given
as an incident thereto, shall be given by the  officer,  board  or  body
authorized  by  law  to convey such property, or if no officer, board or
body be otherwise authorized so to do, by the  governing  body  of  such
municipality.
  3.  The  states  of  New  York and New Jersey hereby consent to suits,
actions or proceedings of any form or nature in law, equity or otherwise
by any city or other municipality against the port  authority  upon,  in
connection with or arising out of any such agreement, agreements, or any
modification  thereof  or supplement thereto, for the following types of
relief and for such purposes only:
  (a) For money damages for breach thereof,
  (b) For money damages for torts arising out of the  operation  of  the
municipal air terminal,
  (c) For rent,
  (d) For specific performance,
  (e) For reformation thereof,
  (f) For accounting,
  (g) For declaratory judgment,
  (h) For judgments, orders or decrees restraining or enjoining the port
authority  from  transferring title to real property to third persons in
cases where it has contracted with such city or  other  municipality  to
transfer such title to such city or municipality, and
  (i) For judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreements with such municipality, provided that such judgment, order or
decree  shall  not be entered except upon two days' prior written notice
to the port  authority  of  the  proposed  entry  thereof  and  provided
further, that upon an appeal taken by the port authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  4.  When  rules  of  venue are applicable, the venue of any such suit,
action or proceeding shall be laid in the county or judicial district in
which the air terminal, which is the subject matter  of  such  agreement
between  the  port  authority and the city or other municipality, or any
part thereof, is located.
  5. If any clause, sentence, paragraph, or part of this subdivision, or
the application thereof to any person or circumstances, shall,  for  any
reason,  be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the  remainder  of
this  subdivision,  and  the  application thereof to any other person or
circumstances, but shall be confined in its  operation  to  the  clause,
sentence, paragraph, or part thereof directly involved in the controver-

S. 3353                            105

sy  in which such judgment shall have been rendered and to the person or
circumstances involved.
  S  1309.  Acquisition limitations.   The powers hereinafter granted to
the port authority to acquire real property by condemnation or the right
of eminent domain shall be subject  to  the  limitations  set  forth  in
section  thirteen hundred two of this article, and also to the following
further limitations:
  1. Unless and until the state of New York otherwise provides  by  law,
the port authority shall not have power to acquire real property in that
state  for air terminal purposes by condemnation or the right of eminent
domain except for  the  purpose  of  making  additions,  extensions  and
improvements  to  the  three  air terminals in New York city known as La
Guardia airport, John F. Kennedy international airport  (formerly  known
as  Idlewild  airport),  and  Floyd  Bennett airport, for the purpose of
acquiring air rights or  preventing  or  removing  actual  or  potential
hazards  to air navigation within three miles of the runways at said air
terminals as such runways may  now  or  hereafter  exist,  and  for  the
purpose  of  establishing  or  maintaining beacons and other aids to air
navigation in connection with said three air terminals, whether  or  not
within  three  miles  of said runways. The port authority shall not have
power to acquire by condemnation or the right  of  eminent  domain  real
property in or under the waters of Jamaica Bay for the purpose of adding
to,  expanding, extending or constructing runway extensions, or incorpo-
rating such lands into the  airport  operation;  however,  this  section
shall  not  prohibit  the  port  authority from acquiring such lands for
installing flight control and safety equipment to service  its  existing
runways,  nor  from  installing  anti-pollution devices and equipment in
accordance with its anti-pollution program adopted for the air terminals
in New York city known as John F. Kennedy international airport or Floyd
Bennett airport.
  2. Unless and until the state of New Jersey otherwise provides by law,
the port authority shall not have the power to acquire real property  in
the state of New Jersey for air terminal purposes by condemnation or the
right  of  eminent  domain  except  for the purpose of making additions,
extensions and improvements to the air terminal known as Newark  airport
(including additions, extensions and improvements thereto located in the
city  of Elizabeth), for the purpose of acquiring air rights or prevent-
ing or removing actual or potential hazards  to  air  navigation  within
three  miles of the runways at said air terminal as such runways may now
or hereafter exist, and for the purpose of establishing  or  maintaining
beacons  and  other  aids  to air navigation in connection with said air
terminal, whether or not within three miles of said runways.
  3. Unless otherwise provided by law by the state in  which  such  real
property  is located, the port authority shall not have power to acquire
for air terminal purposes by condemnation, acquisition pursuant  to  the
provisions  of the eminent domain procedure law, or the right of eminent
domain subsequent to June thirtieth,  nineteen  hundred  fifty-two,  any
real  property taken for and actually devoted to a public use, provided,
that this limitation shall not apply to real property a  proceeding  for
the acquisition of which was initiated prior to that date.
  4.  The  foregoing limitations shall not be construed to limit, affect
or impair the power of the port authority to acquire  real  property  at
any  time  and  place for air terminal purposes by negotiation or in any
other  manner  than  by  condemnation,  acquisition  pursuant   to   the
provisions  of  the  eminent domain procedure law, or by the exercise of
the right of eminent domain.

S. 3353                            106

  5. Subject to the foregoing limitations, if the port  authority  shall
find  it  necessary  or  convenient to acquire any real property for air
terminal purposes, whether for immediate or future use, the port author-
ity may find and determine that such  property,  whether  a  fee  simple
absolute  or  a  lesser interest, is required for a public use, and upon
such determination the said property shall be and shall be deemed to  be
required  for  such  public  use  until otherwise determined by the port
authority, and such determination shall not be affected by the fact that
such property has theretofore been taken for and is then  devoted  to  a
public use;  but the public use in the hands or under the control of the
port  authority  shall be deemed superior to the public use in the hands
of any other person, association or corporation  except  a  municipality
within  or without the port district. The port authority may acquire and
is hereby authorized to acquire such  property,  whether  a  fee  simple
absolute  or  a  lesser  estate, by the exercise of the right of eminent
domain under and pursuant to the eminent domain  procedure  law  of  the
state  of  New  York, in the case of property located in such state, and
revised statutes of New Jersey, Title 20:1-1 et seq.,  in  the  case  of
property  situated in such state, or at the option of the port authority
pursuant to such other and alternate procedure in each state as  may  be
provided  by law by such state. The port authority shall have such power
of eminent domain not only in respect to real  property  located  within
the  Port  of New York District but also as to any real property located
outside of the port district which is necessary, incidental  or  conven-
ient  for  the  effectuation,  establishment, acquisition, construction,
rehabilitation or improvement, and  maintenance  and  operation  of  air
terminals  within  the  port district. Nothing herein contained shall be
construed to prevent the port authority from bringing any proceedings to
remove a cloud on title or such other proceedings  as  it  may,  in  its
discretion, deem proper and necessary, or acquiring any such property by
negotiation or purchase.
  S 1310. Federal aid.  The port authority may make application directly
to  the proper federal officials or agencies for federal loans or grants
in aid of air terminals owned or  operated  by  it;  provided,  that  if
either  state shall have or adopt general legislation governing applica-
tions for federal aid for air terminals by municipalities of such state,
or the receipt or disbursement of such federal aid by or  on  behalf  of
such  municipalities,  then such legislation shall at the option of such
state apply to applications by the port authority for  federal  aid  for
air  terminals located in such state and to the receipt and disbursement
of such federal aid by or on behalf of the port authority, in  the  same
manner  and  to  the  same extent as other municipalities of such state.
Except as above provided, no agency or commission of either state  shall
have  jurisdiction  over any air terminals under the control of the port
authority, and all details of financing, construction, leasing, charges,
rates, tolls, contracts and the operation  of  air  terminals  owned  or
controlled by the port authority shall be within its sole discretion and
its  decision in connection with any and all matters concerning such air
terminals shall be controlling and conclusive. The  local  laws,  resol-
utions, ordinances, rules and regulations of a municipality within which
an  air  terminal  is  situated  shall apply to such air terminal, if so
provided in any agreement between the port authority  and  such  munici-
pality, and to the extent provided in such agreement.
  S 1311. Lands under water.  In the event that the port authority shall
find it necessary or desirable to acquire any unappropriated state lands
or lands under water in the state of New York for air terminal purposes,

S. 3353                            107

the  commissioner  of general services of that state may grant, transfer
or convey such unappropriated state lands or lands under  water  to  the
port  authority  upon such consideration, terms and conditions as may be
determined  by  said commissioner, except that no lands under the waters
of Jamaica Bay may be granted,  transferred  or  conveyed  to  the  port
authority  for  air  terminal  purposes  by  said commissioner except as
provided in paragraph one of section thirteen hundred nine of this arti-
cle.
  In the event that the port authority shall find it necessary or desir-
able to acquire any lands under water in the state of New Jersey for air
terminal purposes, the division  of  navigation  of  the  department  of
conservation  of  that  state  may  grant, transfer or convey such lands
under water to the port authority in accordance  with  the  statutes  of
that state governing the making of riparian grants and leases, upon such
terms and conditions as may be determined by said division.
  In the event that the port authority shall find it necessary or desir-
able  to  acquire  any  real property required or used for state highway
purposes in the state of New Jersey, the state highway department of the
state of New Jersey may grant, transfer or convey such real property  to
the  port  authority upon such terms and conditions as may be determined
by said state highway department.
  S 1312. Repayment of bonds and obligations.  The two  states  covenant
and  agree with each other and with the holders of any bonds of the port
authority issued or incurred for air terminal purposes and  as  security
for  which  there  may  or  shall be pledged (directly or indirectly, or
through the medium of its general reserve fund or otherwise), the reven-
ues, or any part thereof, of any air terminal or other facility owned or
operated by the port authority, that the two states will not, so long as
any of such bonds or other obligations remain  outstanding  and  unpaid,
diminish  or  impair  the power of the port authority to establish, levy
and collect landing  fees,  charges,  rents,  tolls  or  other  fees  in
connection therewith.
  S  1313. Contrary declarations.  Any declarations contained herein and
in the concurrent act of the state of New Jersey  with  respect  to  the
governmental  nature of air terminals and to the exemption of air termi-
nal property from taxation and to the discretion of the  port  authority
with  respect to air terminal operations shall not be construed to imply
that other port authority property and operations are not of  a  govern-
mental  nature, or that they are subject to taxation, or that the deter-
minations of the port authority with respect thereto are not conclusive.
  S 1314. Agreement between the states.  This section and the  preceding
sections  of  this article constitute an agreement between the states of
New York and New Jersey supplementary to the  compact  between  the  two
states dated April thirtieth, nineteen hundred twenty-one, and amendato-
ry  thereof,  and  continued  by article I of this chapter, and shall be
liberally construed to effectuate the purposes of said  compact  and  of
the  comprehensive  plan  heretofore  adopted by the two states, and the
powers vested in the port authority hereby shall be construed to  be  in
aid  of and supplemental to and not in limitation of or in derogation of
any of the powers heretofore conferred upon or  delegated  to  the  port
authority.
  S  1315.  Federal  aid procedure; application.   The state of New York
hereby elects to exercise the option reserved to each state  by  section
thirteen  hundred  ten of this article (and by the corresponding section
of the New Jersey statute concurring herein);   and accordingly,  if  by
the  effective  date  of chapter 802 of the laws of 1947, this state has

S. 3353                            108

adopted, or if thereafter it shall adopt general  legislation  governing
applications for federal aid for air terminals by municipalities of this
state or the receipt or disbursement of such federal aid by or on behalf
of  such municipalities, such legislation shall apply to applications by
the port authority for federal aid for air  terminals  located  in  this
state  in the same manner and to the same extent as other municipalities
of this state, provided, that if such  legislation  shall  require  such
applications  for  federal  aid  to  be  approved by any officer, board,
commission, department or other agency of this state  or  shall  require
the  consent  of any such agency of this state to the submission thereof
to the federal government, or shall require  any  such  agency  of  this
state  to  be  designated by municipalities as their agent to collect or
disburse such federal aid, or shall contain any other requirement  vest-
ing  any such agency of this state with power or discretion with respect
to the making of such applications for federal aid  or  the  receipt  or
disbursement  thereof,  then such officer, board, commission, department
or other agency of this state shall have power to waive such requirement
in whole or in part temporarily  or  permanently  insofar  as  the  port
authority is concerned.

                               ARTICLE XIV
                             EMINENT DOMAIN

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

                               ARTICLE XV
                    SUITS AGAINST THE PORT AUTHORITY

Section 1501. Suits against the port authority.
        1502. Prior causes of action.
        1503. Contract causes of action.
        1504. Civil suits; statutory penalties.
        1505. Further restrictions.
        1506. Venue.
        1507. Statute of limitations.
        1508. Notice of claim.
        1509. Limits of liability.
        1510. Other suits, actions or proceedings.
        1511. Agreement between the states.
  S 1501.  Suits against the port authority.   Upon the  concurrence  of
the  state  of New Jersey, the states of New York and New Jersey consent
to suits, actions or proceedings of any form or nature at law, in equity
or otherwise (including proceedings to enforce  arbitration  agreements)
against  the port authority, and to appeals therefrom and reviews there-
of, except as hereinafter  provided  in  sections  fifteen  hundred  two
through fifteen hundred five of this article, inclusive.
  S 1502. Prior causes of action.  The foregoing consent does not extend
to  suits,  actions  or proceedings upon any causes of action whatsoever

S. 3353                            109

accruing before the effective date of chapter 301 of the laws  of  1950,
other than causes of actions upon, in connection with, or arising out of
notes,  bonds  or other obligations or securities secured by a pledge of
the general reserve fund of the port authority.
  S  1503.  Contract  causes of action.   The foregoing consent does not
extend to suits, actions or proceedings upon any causes of action  what-
soever,  upon,  in  connection  with,  or  arising  out of any contract,
express or implied, entered into or assumed by or assigned to  the  port
authority  before  the  effective  date  of  this article (including any
supplement to, or amendment, extension or renewal of any such  contract,
even  if  such supplement, amendment, extension or renewal is made on or
after the effective date of chapter 301 of the laws of 1950), regardless
of whether such cause of action accrued before or after that date, other
than causes of action upon, in connection with or arising out of  notes,
bonds  or  other  obligations  or  securities secured by a pledge of the
general reserve fund of the port authority.
  S 1504. Civil suits; statutory penalties.  The foregoing consent  does
not  extend  to  civil suits, actions or proceedings for the recovery of
statutory penalties.
  S 1505. Further restrictions.  The foregoing consent does  not  extend
to  suits,  actions  or  proceedings  for  judgments,  orders or decrees
restraining, enjoining or preventing the port authority from  committing
or  continuing  to  commit any act or acts, other than suits, actions or
proceedings by the attorney general of  New  York  or  by  the  attorney
general  of  New Jersey--each of whom is hereby authorized to bring such
suits, actions or proceedings in his discretion on behalf of any  person
or  persons  whatsoever  who  requests  him so to do except in the cases
excluded by sections fifteen hundred  two,  fifteen  hundred  three  and
fifteen  hundred  four of this article; provided, that in any such suit,
action or proceeding, no judgment, order  or  decree  shall  be  entered
except upon at least two days' prior written notice to the port authori-
ty of the proposed entry thereof.
  S  1506.  Venue.   The foregoing consent is granted upon the condition
that venue in any suit, action or proceeding against the port  authority
shall be laid within a county or a judicial district, established by one
of said states or by the United States, and situated wholly or partially
within the port of New York district. The port authority shall be deemed
to  be  a  resident  of  each  such  county or judicial district for the
purpose of such suits, actions or proceedings. Although the port author-
ity is engaged in the performance of governmental  functions,  the  said
two  states  consent  to  liability on the part of the port authority in
such suits, actions or proceedings for tortious acts committed by it and
its agents to the same extent as though it were a private corporation.
  S 1507. Statute of limitations.  The foregoing consent is granted upon
the condition that any suit, action or proceeding  prosecuted  or  main-
tained  under  this article shall be commenced within one year after the
cause of action therefor shall have accrued, and upon the further condi-
tion that in the case of any suit, action or proceeding for the recovery
or payment of money, prosecuted or maintained under this act,  a  notice
of  claim shall have been served upon the port authority by or on behalf
of the plaintiff or plaintiffs at least sixty  days  before  such  suit,
action  or proceeding is commenced. The provisions of this section shall
not apply to claims arising out of provisions of any  workmen's  compen-
sation law of either state.
  S  1508.  Notice  of  claim.   The notice of claim required by section
seven hereof shall be in writing, sworn to by or on behalf of the claim-

S. 3353                            110

ant or claimants, and shall set forth  (1)  the  name  and  post  office
address  of each claimant and of his attorney, if any, (2) the nature of
the claim, (3) the time when, the place where and the  manner  in  which
the claim arose, and (4) the items of damage or injuries claimed to have
been  sustained so far as then practicable. Such notice may be served in
the manner in which process may be served, or in lieu  thereof,  may  be
sent  by  registered mail to the port authority at its principal office.
Where the claimant is a person under the age of  eighteen  years  or  is
mentally or physically incapacitated and by reason of such disability no
notice  of claim is filed or suit, action or proceeding commenced within
the time specified in section fifteen hundred seven of this article,  or
where  a person entitled to make a claim dies and by reason of his death
no notice of claim is filed or  suit,  action  or  proceeding  commenced
within  the  time  specified  in  section seven hereof then any court in
which such suit,  action  or  proceeding  may  be  brought  may  in  its
discretion  grant leave to serve the notice of claim and to commence the
suit, action or proceeding within a reasonable time  but  in  any  event
within  three  years  after the cause of action accrued. Application for
such leave must be made upon an affidavit showing the  particular  facts
which  caused  the  delay  and  shall  be  accompanied  by a copy of the
proposed notice of claim if such notice has not been  served,  and  such
application shall be made only upon notice to the port authority.
  S 1509. Limits of liability.  The commissioners, officers or employees
of  the  port  authority  shall  not  be  subject  to  suits, actions or
proceedings for judgments, orders or decrees restraining, preventing  or
enjoining  them in their official or personal capacities from committing
or continuing to commit any act or acts on behalf of the port  authority
other than suits, actions and proceedings brought by the attorney gener-
al  of  New York or by the attorney general of New Jersey or by the port
authority itself--each of said attorneys general being hereby authorized
to bring such suits, actions or proceedings in his discretion on  behalf
of  any person or persons whatsoever who requests him so to do except in
the cases excluded by sections  fifteen  hundred  two,  fifteen  hundred
three  and  fifteen  hundred four of this article; provided, that in any
such suit, action or proceeding brought by either attorney  general,  no
judgment,  order  or  decree  shall  be entered except upon at least two
days' notice to the defendant of the proposed entry thereof.
  S 1510. Other suits, actions or proceedings.  Nothing herein shall  be
deemed  to  revoke,  rescind or affect any consents to suits, actions or
proceedings against the port authority heretofore given by the two  said
states  in chapter eight hundred two of the laws of New York of nineteen
hundred forty-seven, as amended, and continued by article XIII  of  this
chapter,  and  chapter forty-three of the laws of New Jersey of nineteen
hundred forty-seven, as amended; chapter six hundred thirty-one  of  the
laws  of  New  York  of  nineteen  hundred  forty-seven, as amended, and
continued by article XII of this chapter; chapter forty-four of the laws
of New Jersey of nineteen hundred forty-seven, as amended,  and  chapter
five  hundred  thirty-four  of  the laws of New York of nineteen hundred
forty-eight, and continued by article XII of this chapter,  and  chapter
ninety-seven of the laws of New Jersey of nineteen hundred forty-eight.
  S  1511. Agreement between the states.  This article together with the
act of the state of New Jersey concurring herein,  shall  constitute  an
agreement between the states of New York and New Jersey supplementary to
and  amendatory  of  the compact between the two said states dated April
thirtieth, nineteen hundred twenty-one and continued  by  article  I  of
this chapter.

S. 3353                            111

                               ARTICLE XVI
               TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS

Section 1601. Governing authority.
        1602. Tolls; other charges.
        1603. Operation restrictions.
        1604. Port authority police force.
        1605. Driving procedure.
        1606. Operation requirements.
        1607. Accident protocol.
        1608. Transport restrictions.
        1609. Violations.
        1610. Definitions.
        1611. Severability.
        1612. Repeal of previous rules and regulations.
        1613. Agreement between the states.
        1614. Compliance with state law.
        1615. Felonies.
        1616. Misdemeanors.
        1616-a. Owner  liability  for failure of operator to comply with
                  toll collection regulations of the port authority.
        1616-b. Imposition of  liability  for  failure  of  operator  to
                  comply  with  toll  collection regulations of the port
                  authority.
        1616-c. Adjudication of liability.
  S 1601. Governing authority.  To the end that the interstate vehicular
crossings operated by the port authority, pursuant  to  the  compact  of
April  thirtieth,  nineteen hundred twenty-one between the states of New
York and New Jersey creating the port authority, may be efficiently  and
safely  operated in the interest of the people of the states of New York
and New Jersey and of the nation, the following  rules  and  regulations
governing traffic on vehicular crossings operated by the port authority,
set  forth in sections sixteen hundred two through sixteen hundred eight
of this article, are hereby adopted  by  the  legislatures  of  the  two
states, and are declared to be binding upon all persons and corporations
affected thereby.
  S  1602.  Tolls;  other charges.   No traffic shall be permitted in or
upon vehicular crossings except upon the payment of such tolls and other
charges as may from time to time be prescribed by the port authority. It
is hereby declared to be unlawful for any person to refuse to pay, or to
evade or to attempt to evade the payment of such tolls or other charges.
  S 1603. Operation restrictions.  No vehicle shall  be  operated  care-
lessly  or  negligently,  or  in  disregard  of  the rights or safety of
others, or without due caution and circumspection, or at a speed or in a
manner so as to endanger unreasonably or to be likely to endanger unrea-
sonably persons or property, or while the operator thereof is under  the
influence of intoxicating liquors or any narcotic or habit-forming drug,
nor shall any vehicle be so constructed, equipped or loaded as to endan-
ger  unreasonably  or  to  be likely to endanger unreasonably persons or
property.
  S 1604. Port authority police force.  All persons in or upon vehicular
crossings must at all times comply with  any  lawful  order,  signal  or
direction  by  voice  or hand of any member of the port authority police
force. When traffic is controlled by traffic lights, signs or by mechan-
ical or electrical signals, such lights,  signs  and  signals  shall  be
obeyed unless a port authority police officer directs otherwise.

S. 3353                            112

  S  1605. Driving procedure.  Unless otherwise directed, vehicles shall
at all times stay to the right of the center of all roadways  except  in
the case of one-way roadways; slow-moving vehicles shall remain as close
as  possible  to the right-hand edge or curb of the roadway; and where a
roadway is marked with traffic lanes vehicles shall not cross markings.
  S 1606. Operation requirements.  No person shall operate a motor vehi-
cle  in  or  upon  any  part  of  a vehicular crossing unless he is duly
authorized to operate motor vehicles in the state in which such part  of
the  vehicular  crossing is located. No motor vehicle shall be permitted
in or upon any part of a vehicular crossing which is not  registered  in
accordance  with  the  provisions  of the law of the state in which such
part of the vehicular crossing is located.
  S 1607. Accident protocol.  The operator of any vehicle involved in an
accident resulting in injury or death to any person  or  damage  to  any
property  shall  immediately stop such vehicle at the scene of the acci-
dent, render such assistance as  may  be  needed,  and  give  his  name,
address,  and  operator's  license and registration number to the person
injured or to any officer or witness of the injury. The operator of such
vehicle shall make a report of such accident in accordance with the  law
of the state in which such accident occurred.
  S  1608. Transport restrictions.  No person shall transport in or upon
a vehicular crossing, any dynamite, nitroglycerin, black  powder,  fire-
works,  blasting  caps  or  other  explosives, gasoline, alcohol, ether,
liquid shellac, kerosene, turpentine, formaldehyde or other  inflammable
or  combustible  liquids,  ammonium  nitrate, sodium chlorate, wet hemp,
powdered metallic magnesium, nitro-cellulose film,  peroxides  or  other
readily  inflammable  solids  or oxidizing materials, hydrochloric acid,
sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
ic, carbolic acid, potassium cyanide, tear gas, lewisite  or  any  other
poisonous  substances,  liquids  or gases, or any compressed gas, or any
radio-active article, substance or material, at such time or place or in
such manner or condition as to endanger unreasonably or as to be  likely
to endanger unreasonably persons or property.
  S 1609. Violations.  Violations of the rules and regulations set forth
in  sections  sixteen  hundred two through sixteen hundred eight of this
article committed within the territorial limits of either state shall be
punishable as may be provided by the laws of such state but  the  penal-
ties  prescribed  by  either state shall not preclude the port authority
from excluding from vehicular crossings permanently or for  a  specified
time,  all  vehicles violating any of the said rules and regulations, as
well as other vehicles owned or operated by the  owner  or  operator  of
such vehicle.
  S  1610.  Definitions.   The following terms as used herein shall have
the indicated meanings:
  1. "Traffic" shall include pedestrians, ridden animals, herded animals
and vehicles whether moved by human power or otherwise.
  2. "Vehicular crossings" shall include not only  bridges  and  tunnels
operated  by  the  port authority, but also their plazas and approaches,
but shall not include any lands granted by the  port  authority  to  the
states  of  New  York  or  New Jersey or to a municipality for street or
highway purposes even though such street or highway constitutes a  means
of access to or egress from such vehicular crossing.
  S  1611. Severability.  If any term or provision of this article shall
be declared unconstitutional or ineffective in whole or  in  part  by  a
court  of  competent  jurisdiction,  then  to  the extent that it is not
unconstitutional or  ineffective,  such  term  or  provisions  shall  be

S. 3353                            113

enforced  and  effectuated,  nor  shall  such determination be deemed to
invalidate the remaining terms or provisions thereof.
  S 1612. Repeal of previous rules and regulations.  The two said states
agree  that  chapter  two  hundred  fifty-one of the laws of New York of
nineteen hundred thirty-four, entitled "An act  establishing  rules  and
regulations  for  the  control  of traffic on the interstate bridges and
tunnels operated by the Port  of  New  York  Authority  and  prescribing
proceedings and penalties for their violations", and chapter one hundred
forty-six  of  the pamphlet laws of New Jersey, nineteen hundred thirty-
two, entitled "An act establishing rules and regulations for the control
of traffic on the inter-state bridges and tunnels operated by  the  Port
of  New  York  Authority  and  prescribing proceedings and penalties for
their violations", shall be and are repealed as of the date this article
takes effect.
  S 1613. Agreement between the states.  This section and the  preceding
sections  of  this  article, together with the corresponding sections of
the act of the state of New Jersey concurring herein,  shall  constitute
an agreement between the states of New York and New Jersey supplementary
to  the  compact  between the two states dated April thirtieth, nineteen
hundred twenty-one, and  amendatory  thereof,  and  shall  be  liberally
construed  to  effectuate the purposes of said compact and of the agree-
ments of the two states amendatory thereof or supplemental thereto;  and
shall  be construed to be in aid of and supplemental to and not in limi-
tation of or in derogation of the powers heretofore  conferred  upon  or
delegated to the port authority.
  S  1614. Compliance with state law.  If the violation within the state
of any of the rules  and  regulations  set  forth  in  sections  sixteen
hundred  two through sixteen hundred eight of this article including but
not limited to those regarding the payment of tolls, would have  been  a
felony,  misdemeanor  or  other  punishable  offense if committed on any
public road, street, highway or turnpike in the  municipality  in  which
such  violation  occurred,  it  shall  be tried and punished in the same
manner as if it had been committed on such public road, street,  highway
or turnpike.
  S  1615. Felonies.   Notwithstanding the provisions of section sixteen
hundred fourteen of this article, if the violation within the  state  of
the  rule  and  regulation set forth in section sixteen hundred eight of
this article shall result in injury or death to a person or  persons  or
damage to property in excess of the value of five thousand dollars, such
violation shall constitute a felony.
  S  1616. Misdemeanors.  Except as provided in sections sixteen hundred
fourteen and sixteen hundred fifteen  of  this  article,  any  violation
within  the  state  of  any  of  the  rules and regulations set forth in
sections sixteen hundred two through sixteen hundred eight of this arti-
cle including but not limited to those regarding the payment  of  tolls,
shall  constitute  a  misdemeanor  and shall be punishable as an offense
triable in a magistrate's court by a fine  not  exceeding  five  hundred
dollars or by imprisonment not exceeding sixty days or by both such fine
and imprisonment.
  S  1616-a. Owner liability for failure of operator to comply with toll
collection regulations of the port authority. Notwithstanding any  other
provision  of  law  and  in  accordance  with  the provisions of section
sixteen hundred sixteen-b of this article, an owner of a vehicle may  be
held  liable  for failure of an operator thereof to comply with the toll
collection regulations of the port authority of New York and New  Jersey
(hereinafter  called  port  authority).  The owner of a vehicle shall be

S. 3353                            114

liable pursuant to this section if such vehicle  was  used  or  operated
with  the  permission  of the owner, express or implied, in violation of
the  toll  collection  regulations  of  the  port  authority,  and  such
violation  is  evidenced by information obtained from a photo-monitoring
system, provided, however, that no owner of a vehicle  shall  be  liable
where  the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
  S 1616-b. Imposition of liability for failure of  operator  to  comply
with  toll  collection  regulations of the port authority. The liability
set forth in section sixteen hundred sixteen-a of this article, shall be
imposed upon an owner for  a  violation  by  an  operator  of  the  toll
collection regulations of the port authority occurring within the terri-
torial limits of the state of New York in accordance with the following:
  1.  For  the purposes of this section, the term "owner" shall mean any
person, corporation, partnership, firm, agency, association, lessor,  or
organization  who,  at  the time of the violation in any city in which a
vehicle is operated: (a) is the beneficial or equitable  owner  of  such
vehicle;  or  (b) has title to such vehicle; or (c) is the registrant or
co-registrant of such vehicle which is registered with the department of
motor vehicles of this state or any other  state,  territory,  district,
province,  nation  or  other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision six of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e)  a  person
entitled  to  the  use and possession of a vehicle subject to a security
interest in another person. For the purposes of this section,  the  term
"operator"  shall mean any person, corporation, firm, partnership, agen-
cy, association, organization or lessee that uses or operates a  vehicle
with  or  without the permission of the owner, and an owner who operates
his or her own vehicle. For purposes of this section, the  term  "photo-
monitoring  system"  shall  mean  a  vehicle sensor installed to work in
conjunction with a toll collection facility which automatically produces
one or more photographs, one or more microphotographs,  a  videotape  or
other recorded images of each vehicle at the time it is used or operated
in  violation  of the toll collection regulations of the port authority.
For purposes of this section, the term "toll collection  regulations  of
the  port  authority"  shall refer to the traffic regulations for inter-
state vehicular crossings operated by the port authority as set forth in
this article and in chapter one hundred ninety-two of the  laws  of  New
Jersey  of  nineteen hundred fifty, and specifically that section of the
laws which prohibits traffic in or upon vehicular crossings operated  by
the  port  authority  except  upon  the  payment of such tolls and other
charges as may from time to time be prescribed by the port authority and
which further makes it unlawful for any person to refuse to pay,  or  to
evade or to attempt to evade the payment of such tolls or other charges.
For purposes of this section, the term "vehicle" shall mean every device
in,  upon,  or by which a person or property is or may be transported or
drawn upon a highway, except devices used  exclusively  upon  stationary
rails or tracks.
  2. A certificate, sworn to or affirmed by an agent of the port author-
ity,  or  a  facsimile  thereof,  based  upon inspection of photographs,
microphotographs, videotape or  other  recorded  images  produced  by  a
photo-monitoring  system  shall  be  prima  facie  evidence of the facts
contained therein and shall be admissible in any proceeding  charging  a
violation of toll collection regulations of the port authority, provided
that  any  photographs,  microphotographs,  videotape  or other recorded
images evidencing such a violation shall be available for inspection and

S. 3353                            115

admission into evidence in any proceeding to  adjudicate  the  liability
for such violation.
  3.  An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of  liabil-
ity  pursuant  to  this  section  shall not be deemed a conviction of an
operator and shall not be made  part  of  the  motor  vehicle  operating
record,  furnished  pursuant  to section three hundred fifty-four of the
vehicle and traffic law, of the  person  upon  whom  such  liability  is
imposed  nor shall it be used for insurance purposes in the provision of
motor vehicle insurance coverage.
  4. (a) A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation pursuant to this
section of the toll collection regulations of the port  authority.  Such
notice  shall  be  mailed  no  later  than thirty days after the alleged
violation. Personal delivery on the owner shall not be required. A manu-
al or automatic record of mailing prepared in  the  ordinary  course  of
business shall be prima facie evidence of the mailing of the notice.
  (b)  A  notice  of liability shall contain the name and address of the
person alleged to be liable as an owner for  a  violation  of  the  toll
collection  regulations  of the port authority pursuant to this section,
the registration number of the vehicle involved in such  violation,  the
location  where  such  violation  took  place, the date and time of such
violation and the identification number of the  photo-monitoring  system
which recorded the violation or other document locator number.
  (c)  The  notice  of  liability shall contain information advising the
person charged of the manner and the time in which he  may  contest  the
liability  alleged  in  the  notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to  contest
in  the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
  (d) The notice of liability shall be prepared and mailed by  the  port
authority or its duly authorized agent.
  5. If an owner receives a notice of liability pursuant to this section
for  any time period during which the vehicle was reported to the police
department as having been stolen, it shall be  a  valid  defense  to  an
allegation  of  liability  for  a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to  the
police  as  stolen  prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of  liability
pursuant  to  this  section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a  valid  defense  to  an  allegation  of  liability  for  a
violation  of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it  shall  be  sufficient  that  a
certified  copy  of  the  police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
  6. An owner, as defined in paragraph (a) of subdivision  one  of  this
section, who is a lessor of a vehicle to which a notice of liability was
issued  pursuant to subdivision four of this section shall not be liable
pursuant to this section for the violation of the toll collection  regu-
lations  of the port authority provided that he or she sends to the port
authority serving the notice of liability and  to  the  court  or  other
entity  having  jurisdiction  a  copy of the rental, lease or other such
contract document covering such vehicle on the date  of  the  violation,

S. 3353                            116

with  the  name and address of the lessee clearly legible, within thirty
days after receiving from the port  authority  or  its  duly  authorized
agent the original notice of liability. Failure to send such information
within  such  thirty  day time period shall render the lessor liable for
the penalty prescribed by this section. Where the lessor  complies  with
the  provisions  of  this subdivision, the lessee of such vehicle on the
date of such violation shall be deemed to be the owner of  such  vehicle
for  purposes  of this section and shall be subject to liability for the
violation of toll collection regulations of the port authority  provided
that  the  port authority or its duly authorized agent mails a notice of
liability to the lessee within ten days after the court, or other entity
having jurisdiction, deems the lessee to be the owner. For  purposes  of
this  subdivision  the term "lessor" shall mean any person, corporation,
firm, partnership, agency, association or organization  engaged  in  the
business  of  renting  or  leasing vehicles to any lessee under a rental
agreement, lease or otherwise wherein the said lessee has the  exclusive
use  of  said  vehicle  for any period of time. For the purposes of this
subdivision, the term "lessee" shall mean any person, corporation, firm,
partnership, agency, association or organization that rents,  leases  or
contracts  for  the  use  of  one or more vehicles and has exclusive use
thereof for any period of time.
  7. Except as provided in subdivision six of this section, if a  person
receives  a  notice  of liability pursuant to this section it shall be a
valid defense to an allegation of liability  for  a  violation  of  toll
collection  regulations  of  the  port authority that the individual who
received the notice of liability pursuant to this section  was  not  the
owner  of  the  vehicle at the time the violation occurred. If the owner
liable for a violation of the toll collection regulations  of  the  port
authority  pursuant  to this section was not the operator of the vehicle
at the time of the violation, the  owner  may  maintain  an  action  for
indemnification  against  the  operator. The operator of the vehicle may
apply to the court or other entity having jurisdiction to adjudicate the
liability imposed under this section to accept  responsibility  for  the
violation  and  satisfactorily  discharge all applicable tolls, charges,
and penalties related to the violation.
  8. "Electronic toll collection system" shall mean a system of collect-
ing tolls or charges which is capable of charging an account holder  the
appropriate  toll or charge by transmission of information from an elec-
tronic device on a motor vehicle to the toll lane, which information  is
used  to  charge the account the appropriate toll or charge. In adopting
procedures for the preparation and mailing of a notice of liability, the
port authority or its duly authorized agent shall  adopt  guidelines  to
ensure  adequate  and  timely  notice  to all electronic toll collection
system account holders to inform them when  their  accounts  are  delin-
quent.  An  owner  who  is  an  account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  9. Nothing in this section shall be construed to limit  the  liability
of  an  operator  of  a vehicle for any violation of the toll collection
regulations of the port authority. Nothing in this section shall author-
ize or preclude the port authority from excluding from any of its facil-
ities, in its sole discretion, any or all vehicles  found  liable  under
this section as well as other vehicles owned or operated by the owner or
operator of such vehicle.

S. 3353                            117

  10.  Notwithstanding  any  other  provision  of  law, all photographs,
microphotographs, videotape or other recorded images  prepared  pursuant
to  this section shall be for the exclusive use of the port authority in
the discharge of its duties under this section and shall not be open  to
the  public nor be used in any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall  not  sell,  distribute  or  make
available  in  any  way,  the  names  and  addresses  of electronic toll
collection system account holders,  or  any  information  compiled  from
transactions  with  such  account holders, without such account holders'
consent to any entity that will use such information for any  commercial
purpose  provided  that the foregoing restriction shall not be deemed to
preclude the exchange of such  information  between  any  entities  with
jurisdiction  over  and or operating a toll highway bridge and/or tunnel
facility.
  S 1616-c.  Adjudication of liability. Adjudication  of  the  liability
imposed upon an owner by section sixteen hundred sixteen-a of this arti-
cle  for  a  violation  of  the  toll collection regulations of the port
authority occurring within the territorial limits of the  state  of  New
York  shall  be in accordance with sections two hundred thirty-five, two
hundred thirty-six, two hundred thirty-seven, two  hundred  thirty-nine,
two  hundred forty, two hundred forty-one, five hundred ten and eighteen
hundred nine of the vehicle and traffic law, or by  such  entity  having
jurisdiction  over  violations of the toll collection regulations of the
port authority occurring within the territorial limits of the  state  of
New  York, provided that all violations shall be heard and determined in
the county in which the violation is alleged to  have  occurred,  or  by
consent of both parties, in any county in the state of New York in which
the  port  authority  operates  or maintains a facility.  An owner found
liable for a violation of toll collection regulations pursuant  to  this
section  shall  for  a  first violation thereof be liable for a monetary
penalty not to exceed fifty dollars or two times the toll evaded  which-
ever  is  greater;  for  a second violation thereof both within eighteen
months be liable for a  monetary  penalty  not  to  exceed  one  hundred
dollars  or five times the toll evaded whichever is greater; for a third
or subsequent violation thereof all within eighteen months be liable for
a monetary penalty not to exceed one hundred fifty dollars or ten  times
the toll evaded whichever is greater.

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

Section 1701. Definitions.
        1702. Vehicle operation.
        1703. Adherence to traffic signs and signals.
        1704. Requiring use of right side of roadway.
        1705. Authorization for operation.
        1706. Procedures in case of causing injury.
        1707. Prohibited items.
        1708. Parking.
        1709. Prosecution for violations.
        1710. Felony for transport of prohibited items.
        1711. Misdemeanor for certain violations.
        1712. Exclusion of vehicles in violations.

S. 3353                            118

        1713. Reserve clause.
  S  1701.  Definitions.   The following terms as used herein shall have
the indicated meanings:
  "Air terminals" shall mean developments operated by the port authority
consisting of runways, hangars, control towers,  ramps,  wharves,  bulk-
heads, buildings, structures, parking areas, improvements, facilities or
other  real property necessary, convenient or desirable for the landing,
taking off, accommodation  and  servicing  of  aircraft  of  all  types,
including  but  not limited to airplanes, airships, dirigibles, helicop-
ters, gliders, amphibians, seaplanes, or any other  contrivance  now  or
hereafter used for the navigation of or flight in air or space, operated
by carriers engaged in the transportation of passengers or cargo, or for
the  loading,  unloading,  interchange or transfer of such passengers or
their baggage, or such cargo, or otherwise for the accommodation, use or
convenience of such passengers, or such carriers or their employees,  or
for  the  landing,  taking  off, accommodation and servicing of aircraft
owned or operated by persons other than carriers.
  "Air terminal highway" shall mean and include those portions of an air
terminal designated and made available temporarily or permanently by the
port authority to the public for general or limited highway use.
  "Marine terminals"  shall  mean  developments  operated  by  the  port
authority  consisting  of  one or more piers, wharves, docks, bulkheads,
slips, basins, vehicular roadways, railroad  connections,  side  tracks,
sidings  or  other  buildings,  structures,  facilities or improvements,
necessary or convenient to the  accommodation  of  steamships  or  other
vessels and their cargoes or passengers.
  "Marine  terminal  highway" shall mean and include those portions of a
marine terminal designated and made available temporarily or permanently
by the port authority to the public for general or limited highway use.
  "Traffic" shall mean and include pedestrians, animals and vehicles.
  S 1702. Vehicle operation.  No vehicle shall be operated  on  any  air
terminal  highway  or marine terminal highway carelessly or negligently,
or in disregard of the rights  or  safety  of  others,  or  without  due
caution and circumspection, or at a speed or in a manner so as to endan-
ger  unreasonably  or  to  be likely to endanger unreasonably persons or
property, or while the operator thereof is under the influence of intox-
icating liquors or any narcotic or habit-forming  drug,  nor  shall  any
vehicle  be operated thereon if it is so constructed, equipped or loaded
as to endanger unreasonably or to be  likely  to  endanger  unreasonably
persons or property.
  S  1703.  Adherence  to traffic signs and signals.  All persons on any
air terminal highway or marine terminal highway must at all times comply
with any lawful order, signal or direction  by  voice  or  hand  of  any
member of the port authority police force. When traffic is controlled by
traffic  lights,  signs  or  by  mechanical  or electrical signals, such
lights, signs and signals shall be obeyed unless a port authority police
officer directs otherwise.
  S 1704. Requiring use of right side  of  roadway.    Unless  otherwise
directed,  all  vehicles  on any air terminal highway or marine terminal
highway shall at all times stay to the right of the center of the  road-
way,  except in the case of one-way roadways; slow-moving vehicles shall
remain as close as possible to the right-hand edge or curb of the  road-
way;    and  where a roadway is marked with traffic lanes vehicles shall
not cross markings.
  S 1705. Authorization for operation.  No person shall operate a  motor
vehicle  on an air terminal highway or marine terminal highway unless he

S. 3353                            119

is duly authorized to operate such vehicle on state and municipal  high-
ways  in the state in which such air terminal highway or marine terminal
highway is located, or unless he is especially authorized  by  the  port
authority  to  operate  motor  vehicles  on such air terminal highway or
marine terminal highway.  No motor vehicle shall be permitted on any air
terminal highway or marine terminal highway unless it is  registered  in
accordance with the provisions of the law of the state in which such air
terminal  highway or marine terminal highway is located, or unless it is
especially authorized by the port authority to be operated on  such  air
terminal highway or marine terminal highway.
  S  1706.  Procedures  in  case of causing injury.  The operator of any
vehicle involved in an accident on an air  terminal  highway  or  marine
terminal  highway  which  results  in  injury  or death to any person or
damage to any property shall immediately stop such vehicle at the  scene
of  the  accident, render such assistance as may be needed, and give his
name, address, and operator's license and  registration  number  to  the
person injured or to any officer or witness of the injury.  The operator
of  such vehicle shall make a report of such accident in accordance with
the law of the state in which such accident occurred.
  S 1707. Prohibited items.  No person shall transport on any air termi-
nal highway or marine  terminal  highway  any  dynamite,  nitroglycerin,
black  powder,  fireworks,  blasting caps or other explosives, gasoline,
alcohol, ether, liquid shellac, kerosene,  turpentine,  formaldehyde  or
other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
rate,  wet  hemp,  powdered  metallic  magnesium,  nitro-cellulose film,
peroxides or other readily inflammable solids  or  oxidizing  materials,
hydrochloric  acid,  sulfuric  acid  or other corrosive liquids, prussic
acid, phosgene, arsenic, carbolic acid,  potassium  cyanide,  tear  gas,
lewisite,  or  any  other poisonous substances, liquids or gases, or any
compressed gas, or any radioactive article, substance  or  material,  at
such  time or place or in such manner or condition as to endanger unrea-
sonably or as to be likely to endanger unreasonably persons or property;
nor shall any person park any vehicle, or  permit  the  same  to  remain
halted on any air terminal highway or marine terminal highway containing
any  of the foregoing, at such time or place or in such manner or condi-
tion as to endanger unreasonably or as to be likely to  endanger  unrea-
sonably persons or property.
  S 1708. Parking.  No person shall park a vehicle or permit the same to
remain  halted  on  any  air terminal highway or marine terminal highway
except at such places and for such periods of time as may be  prescribed
or permitted by the port authority.
  S 1709. Prosecution for violations.  If the violation within the state
of  any  of  the  rules and regulations set forth in section one hereof,
would have been a felony, misdemeanor or  other  punishable  offense  if
committed on any public road, street, highway or turnpike in the munici-
pality  in which such violation occurred, it shall be tried and punished
in the same manner as if it had been  committed  on  such  public  road,
street, highway or turnpike.
  S 1710. Felony for transport of prohibited items.  Notwithstanding the
provisions  of  section  seventeen  hundred  two of this article, if the
violation within the state of the rule and regulation numbered seven and
set forth in section one hereof shall result in injury  or  death  to  a
person  or  persons or damage to property in excess of the value of five
thousand dollars, such violation shall constitute a felony.
  S 1711. Misdemeanor for certain violations.   Except  as  provided  in
sections  seventeen  hundred  two  and seventeen hundred three   of this

S. 3353                            120

article, any violation within the state of any of the  rules  and  regu-
lations  set forth in section one hereof, shall constitute a misdemeanor
and shall be punishable as an offense triable in a magistrate's court by
a fine not exceeding five hundred dollars or by imprisonment not exceed-
ing sixty days or by both such fine and imprisonment.
  S  1712.  Exclusion  of  vehicles in violations.   The penalties above
prescribed shall not preclude the port authority from excluding from any
air terminal highway or marine terminal highway, permanently  or  for  a
specified  time, all vehicles violating any of the rules and regulations
set forth in section one hereof, as well  as  other  vehicles  owned  or
operated by the owner or operator of such vehicle.
  S  1713.  Reserve clause.  Nothing herein contained shall be construed
to affect, diminish or impair the power of this state to enact any  law,
or to impair or diminish, or as recognition of the impairment or diminu-
tion  of any power of this state, legislative or otherwise, with respect
to the port authority, its properties, or persons or property thereon.

                              ARTICLE XVIII
                     NEW YORK - NEW JERSEY AGREEMENT

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

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

S. 3353                            121

  S 1901. Smoking prohibition.  No person shall smoke, carry, or possess
a  lighted  cigarette,  cigar,  pipe,  match or other lighted instrument
capable of causing naked  flame  in  or  about  any  area,  building  or
appurtenance  of an air terminal, owned or operated by the port authori-
ty,  or  in  or  upon  any area, bulkhead, dock, pier, wharf, warehouse,
building, structure or shed of a marine terminal, owned or  operated  by
the  port  authority,  where  smoking  has  been  prohibited by the port
authority and where appropriate signs to that effect have  been  posted,
or  on the open deck of any ship, lighter, carfloat, scow or other simi-
lar floating craft or equipment when berthed or  moored  at  such  dock,
wharf, pier or to a vessel made fast thereto.
  S 1902. Penalties.  Any violation of the rule and regulation set forth
in  section  one  thousand  nine  hundred  one  of this article shall be
punishable as an offense triable in a magistrate's court,  for  a  first
offense,  by  a  fine of not more than fifty dollars or imprisonment for
not more than thirty days or both;  for a second offense, by a  fine  of
not  less  than twenty-five dollars nor more than one hundred dollars or
imprisonment for not more than sixty days or both;  for a third  or  any
other  subsequent  offense, by a fine of not less than fifty dollars nor
more than two hundred dollars or by imprisonment for not more than sixty
days or both.

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

  S 2001. Suits on lease at International Airport.  Upon the concurrence
of the state of New Jersey, the  states  of  New  York  and  New  Jersey
consent  to  suits,  actions  or  proceedings  (including proceedings to
enforce arbitration  agreements  and  to  enter  judgments  upon  awards
resulting  therefrom) of any form or nature, at law, in equity or other-
wise by any person or corporation engaged in the business  of  scheduled
transportation  by  aircraft, against the port authority, and to appeals
therefrom and reviews thereof, upon or for the enforcement of any  writ-
ten  contract  for the use or occupancy of space, premises or facilities
at New York International Airport, in the county of Queens, city of  New
York,  state  of  New York, executed on or after January first, nineteen
hundred fifty-three between the port authority and any  such  person  or
corporation,  or  by  any such person or corporation so contracting with
the port authority upon any cause of action arising out of such  use  or
occupancy pursuant to any such written contract.
  S  2002. Effect.   The consent pursuant to section two thousand one of
this article is granted upon the condition that  in  suits,  actions  or
proceedings  thereunder  for judgments, orders or decrees restraining or
enjoining the port authority from committing  or  continuing  to  commit
breaches  of  such  written  contract, no such judgment, order or decree
shall be entered except upon at least two days' prior written notice  to
the  port  authority  of  the proposed entry thereof; and upon an appeal
taken by the port authority from such judgment,  order  or  decree,  the
service  of  the  notice  of appeal shall perfect the appeal, without an
undertaking or other security.

S. 3353                            122

  S 2003. Venue.  The venue in any suit, action  or  proceeding  against
the  port  authority to which consent is given by this act shall be laid
within a county or a judicial district, established by one of  said  two
states  or  by the United States and situated wholly or partially within
the  port of New York district. The port authority shall be deemed to be
a resident of each such county or judicial district for the  purpose  of
such  suits,  actions or proceedings and shall be deemed to be a citizen
of both of said two states.
  S 2004. Consent.  Nothing herein contained shall be deemed to  revoke,
rescind  or affect any consents to suits, actions or proceedings against
the port authority heretofore given by the two said states or the  terms
and conditions upon which such consents are given.
  S 2005. Agreement.  This act together with the act of the state of New
Jersey  concurring  herein,  shall  constitute  an agreement between the
states of New York and New Jersey supplementary to and amendatory of the
compact between the two said  states  dated  April  thirtieth,  nineteen
hundred twenty-one.

                               ARTICLE XXI
                             NARROWS BRIDGE

Section 2101. Determination to build bridge.
        2102. Authorization for construction.
        2103. Definitions.
        2104. Authorization for agreement with the Triborough Authority.
        2105. Funding.
        2106. Bi-state covenant.
        2107. Security bonds.
        2108. Authorization to acquire real property.
        2109. Prior consent required.
        2110. Authorization of agents to enter property.
        2111. Essential government function.
        2112. Tax exemption on acquired property.
        2113. Governmental nature.
        2114. Agreement.
  S  2101.  Determination  to build bridge.  Upon the concurrence of the
state of New Jersey, the states of New York and New Jersey find,  deter-
mine  and  agree  that  a  bridge between Staten Island and Long Island,
constituting a part of the highway system of the port district,  created
by  their  compact  of  April  thirty, nineteen hundred twenty-one, will
facilitate the flow of traffic between the two  states,  will  alleviate
congestion  in  the  vehicular  crossings  of  the Hudson river and will
promote the movement of commerce between the two states by  providing  a
direct connection between the state of New Jersey and Long Island in the
state  of  New York by way of Staten Island and that it is therefore the
policy of the two said states to provide such bridge.
  S 2102. Authorization for construction. In furtherance of  the  afore-
said policy, and in partial effectuation of the comprehensive plan here-
tofore  adopted  by  the two said states for the development of the said
port district, the Port of New York Authority is hereby  authorized  and
empowered  to construct, own, maintain and operate a bridge (hereinafter
called the Narrows bridge) over the Narrows of New York bay, and, in its
discretion (and so long as it shall retain title to such  bridge),  such
additions  and  improvements  thereto  and  such  approaches thereto and
connections with highways and with the bridges between  New  Jersey  and
Staten  Island  as  the  Port Authority may deem necessary or desirable.

S. 3353                            123

The Port Authority may effectuate such approaches or connections, in its
discretion, by agreement with any other public agency,  which  agreement
may provide for the construction, ownership, maintenance or operation of
such approaches or connections by such other public agency.
  The  Port Authority shall not commence the construction of the Narrows
bridge until after the  execution  of  an  agreement  between  the  Port
Authority  and  the  Triborough Bridge and Tunnel Authority (hereinafter
called the Triborough Authority) pursuant to section twenty-one  hundred
four of this article.
  S  2103.  Definitions.    The  following terms as used in this article
shall mean:
  "Bonds" shall mean bonds, notes, securities or  other  obligations  or
evidences of indebtedness.
  "General  reserve fund statutes" shall mean chapter forty-eight of the
laws of New York of nineteen hundred thirty-one, as amended and  contin-
ued  by  article VI of this chapter, and chapter five of the laws of New
Jersey of nineteen hundred thirty-one, as amended, and "general  reserve
fund"  shall mean the general reserve fund of the Port Authority author-
ized by said statutes.
  "Narrows bridge" shall mean not only the bridge itself  but  also  its
approaches, connections, additions and improvements.
  "Narrows  bridge  bonds" shall mean bonds issued by the Port Authority
to provide funds for Narrows bridge purposes or bonds secured  in  whole
or  in  part  by a pledge of the revenues of the Port Authority from the
Narrows bridge or bonds so issued and secured.
  "Narrows bridge purposes" shall mean the effectuation,  establishment,
construction,  rehabilitation,  improvement, maintenance or operation of
the Narrows bridge and purposes incidental thereto.
  "Real property" shall mean lands, structures, franchises and interests
in land, waters, lands under water and riparian rights, and any and  all
things  and  rights included within the said term, and includes not only
fees simple absolute but also any and all  lesser  interests,  including
but  not limited to easements, rights-of-way, uses, leases, licenses and
all other incorporeal hereditaments and every estate, interest or right,
legal or equitable, including terms for years and liens thereon  by  way
of judgments, mortgages or otherwise.
  S  2104.  Authorization  for  agreement with the Triborough Authority.
(a) The Port Authority is authorized and  empowered  to  enter  into  an
agreement  with the Triborough Authority (and from time to time to enter
into agreements amending the same) for the design, location,  financing,
construction,  maintenance  and  operation of the Narrows bridge and any
other matters of like or different character with respect to the Narrows
bridge, and by which the Port Authority  may  grant,  convey,  lease  or
otherwise  transfer  to  the  Triborough Authority or to the city of New
York for the use and occupancy of the Triborough  Authority  any  right,
title or interest of the Port Authority in the Narrows bridge and in any
part  or parts thereof, upon such terms as may be determined by the Port
Authority and the Triborough Authority, including  but  not  limited  to
agreement as to the method of fixing the tolls, rents, charges and other
fees and the rules for the regulation of the use of the bridge.
  (b)  So  long  as the Port Authority shall retain title to the Narrows
bridge, it shall, so far as it deems it practicable, treat as  a  single
unified operation the effectuation of the Narrows bridge, the interstate
bridges  and  tunnels  now  operated by the Port Authority and any other
bridges or tunnels which it may construct or operate, raising moneys for
the construction thereof and for the making of  additions  and  improve-

S. 3353                            124

ments  thereto in whole or in part upon its own obligations, and, except
as provided in such agreement or any amendment thereof, establishing and
levying such tolls, rents, charges and other fees as it may deem  neces-
sary  to secure from all of such bridges and tunnels as a group at least
sufficient revenue to meet the expenses  of  the  effectuation  of  such
bridges  and  tunnels  as a group, and to provide for the payment of the
interest upon and amortization and retirement of and the fulfillment  of
the terms of all bonds which it may have issued in connection therewith.
Except  as provided in such agreement or any amendment thereof, no other
agency or commission of either state shall have  jurisdiction  over  the
Narrows bridge so long as the Port Authority shall retain title thereto,
and, except as so provided, all details of the design, location, financ-
ing,  construction,  leasing,  tolls,  rents,  charges  and  other fees,
contracts, maintenance and operation of and rules for the regulation  of
the use of the Narrows bridge so long as the Port Authority shall retain
title  thereto  shall  be within its sole discretion and its decision in
connection with any and all matters  concerning  such  bridge  shall  be
controlling and conclusive.
  (c)  The  states  of  New York and New Jersey hereby consent to suits,
actions or proceedings against the Port Authority  upon,  in  connection
with  or  arising out of such agreement or any amendment thereof, by the
Triborough Authority, or by the city of New York if and  to  the  extent
that  such agreement or any amendment thereof shall create rights in the
city of New York, as follows:
  (1) For judgments, orders or decrees restraining or enjoining the Port
Authority from transferring title to real property to other  persons  in
cases where it has agreed with the Triborough Authority to transfer such
title to the Triborough Authority or to the city of New York for the use
and occupancy of the Triborough Authority, and
  (2) For judgments, orders or decrees restraining or enjoining the Port
Authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or  decree  shall  not  be  entered  except upon two days' prior written
notice to the Port Authority of the proposed entry thereof and  provided
further, that upon an appeal taken by the Port Authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consents to suits, actions or proceedings against the Port Authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XV of this chapter and chapter two hundred  four  of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  S  2105. Funding.   The moneys in the general reserve fund of the Port
Authority may be pledged in whole or in part by the  Port  Authority  as
security  for  or  applied  by  it to the repayment with interest of any
moneys which it may raise upon Narrows bridge bonds issued  by  it  from
time  to time and the moneys in said general reserve fund may be applied
by the Port Authority to the fulfillment of any other undertakings which
it may assume to or for the benefit of the holders of any such bonds.
  Subject to prior liens and pledges (and to the obligation of the  Port
Authority  to  apply  revenues to the maintenance of its general reserve
fund in the amount prescribed by the general reserve fund statutes), the
revenues of the Port Authority from facilities established, constructed,
acquired or effectuated through the issuance or sale  of  bonds  of  the

S. 3353                            125

Port  Authority  secured  by a pledge of its general reserve fund may be
pledged in whole or in part as security for or  applied  by  it  to  the
repayment  with  interest  of any moneys which it may raise upon Narrows
bridge  bonds, and said revenues may be applied by the Port Authority to
the fulfillment of any other undertakings which it may assume to or  for
the benefit of the holders of such bonds.
  In  the  event that at any time the balance of moneys theretofore paid
into the general reserve fund and not applied therefrom shall exceed  an
amount  equal  to  one-tenth  of  the  par  value of all bonds legal for
investment, as defined and limited in the general reserve fund statutes,
issued by the Port Authority and currently outstanding at such time,  by
reason  of the retirement of Narrows bridge bonds the par value of which
had theretofore been included in the computation of said one-tenth, then
the Port Authority may pledge or apply such excess for and only for  the
purposes for which it is authorized by the general reserve fund statutes
to pledge the moneys in the general reserve fund, and such pledge may be
made in advance of the time when such excess may occur.
  S  2106.  Bi-state  covenant.   The two states covenant and agree with
each other and with the holders of Narrows bridge bonds as security  for
which  there may or shall be pledged (directly or indirectly, or through
the medium of its general reserve fund or otherwise)  the  revenues,  or
any  part  thereof, of the Narrows bridge or any other facility owned or
operated by the Port Authority, that the two states will not, so long as
any of such bonds remain outstanding and unpaid, diminish or impair  the
power of the Port Authority to establish, levy and collect tolls, rents,
charges  or other fees in connection with the Narrows bridge (so long as
the Port Authority shall retain title to such bridge) or any such  other
facility;  and that the two said states will not, so long as any of such
bonds  remain  outstanding  and unpaid and so long as the Port Authority
shall retain title to the Narrows bridge, authorize the construction  of
any  other  vehicular  bridges or tunnels (other than bridges or tunnels
exclusively for railway rapid transit purposes)  between  Staten  Island
and Long Island by any person or body other than the Port Authority.
  S  2107. Security bonds.  Narrows bridge bonds are hereby made securi-
ties in which all state  and  municipal  officers  and  bodies  of  both
states, all banks, bankers, trust companies, savings banks, building and
loan  associations,  savings and loan associations, investment companies
and other persons carrying on a banking business, all  insurance  compa-
nies,  insurance associations and other persons carrying on an insurance
business, and all administrators,  executors,  guardians,  trustees  and
other  fiduciaries, and all other persons whatsoever, who are now or may
hereafter be authorized by either state  to  invest  in  bonds  of  such
state,  may  properly  and  legally invest any funds, including capital,
belonging to them or within their control;   and said bonds  are  hereby
made  securities  which  may  properly and legally be deposited with and
shall be received by any state or municipal officer or agency of  either
state  for  any  purpose for which the deposit of bonds of such state is
now or may hereafter be authorized.
  S 2108. Authorization to acquire real property.  If the Port Authority
shall find it necessary or convenient to acquire any real  property  for
Narrows  bridge  purposes  (including  temporary construction, rehabili-
tation or improvement), whether for immediate or future  use,  the  Port
Authority  may  find  and  determine  that  such property, whether a fee
simple absolute or a lesser interest, is required for a public use,  and
upon  such  determination the said property shall be and shall be deemed
to be required for such public use until  otherwise  determined  by  the

S. 3353                            126

Port Authority, and such determination shall not be affected by the fact
that such property has theretofore been taken for and is then devoted to
a public use; but the public use in the hands of or under the control of
the  Port  Authority  shall  be deemed superior to the public use in the
hands of any other person, association or  corporation.    If  the  Port
Authority shall find it necessary or convenient hereunder to acquire any
real  property which is then devoted to a public use, the Port Authority
shall have power to exchange or substitute any other real  property  for
such  real  property  upon terms agreed to by the Port Authority and the
owner of such property then devoted to a public use,  and  to  find  and
determine  that  such  other real property is also required for a public
use; upon such determination the said other property shall be and  shall
be deemed to be required for such public use.
  The Port Authority may acquire and is hereby authorized to acquire any
real  property  in the state of New York required for a public use under
the preceding paragraph, whether a  fee  simple  absolute  or  a  lesser
estate,  by the exercise of the right of eminent domain under and pursu-
ant to the eminent domain procedure law of the state of New York, or  at
the  option  of  the  Port Authority pursuant to any other and alternate
procedure provided by law by such state.  Nothing herein contained shall
be construed to prevent the Port Authority from bringing any proceedings
in either state to remove a cloud on title or such other proceedings  as
it  may, in its discretion, deem proper and necessary, or from acquiring
any such property in either state by negotiation or purchase.
  Where a person entitled to an award  remains  in  possession  of  such
property  after  the time of the vesting of title in the Port Authority,
the reasonable value of his use and occupancy of  such  property  subse-
quent  to  such  time,  as  fixed  by  agreement or by the court in such
proceedings or by any court of competent jurisdiction, shall be  a  lien
against  such  award, subject only to liens of record at the time of the
vesting of title in the Port Authority.
  S 2109. Prior consent  required.  Anything  in  this  article  to  the
contrary notwithstanding, no property now or hereafter vested in or held
by the city of New York shall be taken by the Port Authority without the
authority  or  consent  of the city as provided in said compact of April
thirty, nineteen hundred twenty-one. The Port Authority is  also  hereby
authorized  and  empowered to acquire from said city by agreement there-
with, and the city, notwithstanding any contrary provision  of  law,  is
hereby  authorized  and  empowered  to  grant and convey upon reasonable
terms and conditions any real property which the  Port  Authority  shall
find  to  be  necessary for Narrows bridge purposes, including such real
property as has already been devoted to a public use.  The state of  New
York  hereby  consents to the use and occupation of the real property of
such state which the Port Authority  shall  find  to  be  necessary  for
Narrows bridge purposes, including lands of the state lying under water,
and the department, board or division or other agency of the state exer-
cising  supervision  of such property shall execute such documents as it
may deem necessary to evidence the right to such use and occupation.
  S 2110. Authorization of agents to enter property.  The Port Authority
and its duly authorized agents, and all persons acting under its author-
ity and by its direction, may enter in the daytime  into  and  upon  any
real  property  which it shall be necessary so to enter, for the purpose
of making such surveys, diagrams, maps or plans, or for the  purpose  of
making  such  soundings or borings as the Port Authority may deem neces-
sary or convenient for the purposes of this article and  the  concurrent
act of the state of New Jersey.

S. 3353                            127

  S  2111. Essential government function.  The construction, maintenance
and operation of the Narrows bridge are and will be in all respects  for
the  benefit of the people of the states of New York and New Jersey, for
the increase of their commerce and prosperity and for the improvement of
their  health  and  living  conditions  and shall be deemed to be public
purposes;  and the Port Authority shall be  regarded  as  performing  an
essential governmental function in undertaking the construction, mainte-
nance  and  operation  thereof and in carrying out the provisions of law
relating thereto.
  S 2112. Tax exemption on acquired property.  No taxes  or  assessments
shall  be  levied  or  collected  upon any property acquired or used for
Narrows bridge purposes.
  S 2113. Governmental nature. Any declarations contained herein and  in
the  concurrent  act  of  the  state  of  New Jersey with respect to the
governmental nature and public purpose of the Narrows bridge and to  the
exemption of Narrows bridge property from taxation and to the discretion
of the Port Authority with respect to the operation thereof shall not be
construed to imply that other Port Authority property and operations are
not  of  a  governmental nature or do not constitute public purposes, or
that they are subject to taxation, or that  the  determinations  of  the
Port  Authority  with  respect  thereto are not conclusive.   The powers
vested in the Port Authority herein and in the  concurrent  act  of  the
state  of New Jersey (including but not limited to the powers to acquire
real property by condemnation  and  to  make  or  effectuate  additions,
improvements, approaches and connections) shall, except as herein other-
wise  expressly  stated,  be  continuing  powers and no exercise thereof
shall be deemed to exhaust them or any of them.
  The provisions of chapter forty-seven of the laws of New York of nine-
teen hundred thirty-one as continued by article II of this  chapter  and
chapter  four  of  the laws of New Jersey of nineteen hundred thirty-one
shall not apply to the Narrows bridge.
  S 2114. Agreement. This section and the  preceding  sections  of  this
article  constitute  an agreement between the states of New York and New
Jersey supplementary to the compact between the two states  dated  April
thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
be liberally construed to effectuate the purposes of said compact and of
the comprehensive plan heretofore adopted by the  two  states,  and  the
powers  vested  in the Port Authority hereby shall be construed to be in
aid of and supplemental to and not in limitation of or in derogation  of
any  of  the  powers  heretofore conferred upon or delegated to the Port
Authority.

                              ARTICLE XXII
                     NEW JERSEY TURNPIKE CONNECTIONS

Section 2201. Definitions.
        2202. Authorization for agreement with New Jersey agencies.
        2203. Securities.
  S 2201. Definitions. As used in this article:
  1. "Port authority" shall mean the Port of New York Authority;
  2. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness;
  3. "Newark  bay-Hudson  county  extension"  shall  mean  the  turnpike
project  of  the  New  Jersey  Turnpike  Authority extending between the
vicinity of Port street and Newark airport in the city of Newark and the
vicinity of the Holland tunnel in Hudson county, authorized by  subdivi-

S. 3353                            128

sion  (c)  of section one of chapter forty-one of the laws of New Jersey
of one thousand nine hundred  forty-nine,  as  amended  by  chapter  two
hundred  eighty-six  of  the  laws  of  New  Jersey of one thousand nine
hundred fifty-one;
  4.  "Newark  bay-Hudson  county  extension terminal connections" shall
mean the connections to the Newark bay-Hudson county  extension  at  the
following  locations:   (a) at or in the vicinity of the westerly end of
the Newark bay-Hudson county extension  to  interconnect  United  States
Highway  route  1,  the  turnpike  toll  plaza,  Port  street and Newark
airport, and (b) at or in the vicinity of the Holland tunnel  plaza  and
thence  northerly  in  Hudson  county  to  a point at grade at or in the
vicinity of Paterson avenue in the city of Hoboken.
  S 2202. Authorization for agreement with New  Jersey  agencies.    The
port authority is hereby authorized and empowered, in its discretion, to
enter  into an agreement or agreements upon such terms and conditions as
it may deem in the public interest, with the New Jersey Turnpike Author-
ity, or the New Jersey state highway department, or  both,  whereby  the
port  authority  may  undertake to pay to such other party or parties to
such agreement or agreements such portion or portions  of  the  cost  of
constructing  either  or both of said Newark bay-Hudson county extension
terminal connections as the port authority shall determine to be propor-
tionate to the benefit to facilities  owned  or  operated  by  the  port
authority  from  such connections, whether or not such connections shall
constitute approaches or connections to such port authority facilities.
  S 2203. Securities. The bonds which may be issued by the port authori-
ty to provide funds to make  all  or  any  portion  of  the  payment  or
payments  required  by  an agreement or agreements authorized by section
twenty-two hundred two of this article and for purposes incidental ther-
eto are hereby made securities in which all state and municipal officers
and bodies of New Jersey and New York, all banks, bankers, trust  compa-
nies,  savings  banks,  building  and loan associations, saving and loan
associations, investment companies and other persons carrying on a bank-
ing business, all insurance companies, insurance associations and  other
persons carrying on an insurance business, and all administrators, exec-
utors,  guardians,  trustees and other fiduciaries and all other persons
whatsoever are now or may hereafter be authorized by either the state of
New Jersey or the state of New York to invest in bonds  or  other  obli-
gations of such state, may properly and legally invest any funds includ-
ing  capital  belonging to them or within their control;  and said bonds
are hereby made securities which may properly and legally  be  deposited
with  and  shall be received by any state or municipal officer or agency
of either the state of New Jersey or the  state  of  New  York  for  any
purpose  for  which  the  deposit  of bonds or other obligations of such
state is now or may hereafter be authorized.

                              ARTICLE XXIII
                         COMMUTER RAILROAD CARS

Section 2301. Commuter railroad cars.
  S 2301. Commuter railroad cars. 1. Upon the concurrence of  the  state
of  New  Jersey,  the  states of New York and New Jersey agree that each
such state may elect by  appropriate  legislation  to  provide  for  the
purchase  and  rental by the port of New York authority of railroad cars
for passenger transportation in accordance with this article.
  2. For the purpose of this article:
  (a) "Port authority" shall mean the port of New York authority.

S. 3353                            129

  (b) "Commuter railroad of an electing state"  shall  mean  a  railroad
transporting  passengers  between  municipalities  in the portion of the
port of New York district within such state, the majority of the  track-
age  of  which  within  the  port  of New York district utilized for the
transportation of passengers shall be in such state.
  (c)  "Railroad  cars"  shall  mean  railroad passenger cars, including
self-propelled cars, and locomotives and other  rolling  stock  used  in
passenger transportation.
  3.  (a)  Upon  the election by either state as provided in subdivision
one of  this  section,  the  port  authority  shall  be  authorized  and
empowered to:
  (i)  purchase and own railroad cars for the purpose of leasing them to
any commuter railroad of such state;  provided, however, that  no  rail-
road  cars  shall be so purchased except with advances received or money
borrowed pursuant to subparagraphs (ii) and (iii) of this paragraph, nor
shall the port authority incur expenses in connection with such purchase
and ownership except out of such  advances  or  borrowed  money  or  the
rentals received from such leasing;
  (ii)  receive  and  accept  advances from such state for such purchase
upon such terms and conditions as such state may specify;
  (iii) borrow money from any source for such purchase or for the repay-
ment of such advances or money borrowed, subject to  the  provisions  of
paragraph (b) of this subdivision;
  (iv)  secure  the repayment of principal of and interest upon any such
borrowed money by and only by a lien upon such railroad cars,  a  pledge
of the rentals therefrom and the liability of the electing state for the
repayment of such principal and interest;
  (v)  lease  such  railroad cars directly or indirectly to any commuter
railroad of such state upon  such  terms  and  conditions  as  the  port
authority  shall  deem in the public interest, including postponement of
receipt of rentals by the port authority in the interest  of  increasing
and  improving  the service rendered to the commuting public;  provided,
however, that no such lease shall become effective  until  it  has  been
approved  in  writing by the officer of the electing state designated by
appropriate legislation;  and
  (vi) sell or otherwise dispose of such cars upon such terms and condi-
tions and to such persons as the port authority shall deem in the public
interest, except as may be otherwise directed by such electing state.
  (b) The port authority shall not borrow money pursuant to subparagraph
(iii) of paragraph (a) of this subdivision unless and until the electing
state shall have duly amended its constitution, if necessary, making  or
authorizing  making  the  state liable for the repayment of the money so
borrowed and interest thereon or for the fulfillment of the rental obli-
gations to the port authority, or both;   and the port  authority  shall
not  borrow  any such money unless and until the electing state shall be
made liable for the repayment of any such money.
  4. The purchase and ownership by the port authority of  railroad  cars
and  the  rental thereof to commuter railroads of the states of New York
or New Jersey are and will be in all respects for  the  benefit  of  the
people  of  the  said  two states for the increase of their commerce and
prosperity and for the improvement of their health,  safety  and  living
conditions  and  shall  be  deemed  to  be public purposes; and the port
authority shall be regarded  as  performing  an  essential  governmental
function  in  undertaking  such  purchase,  ownership  and rental and in
carrying out the provisions of law relating thereto.

S. 3353                            130

  5. The bonds or other evidences of indebtedness which may be issued by
the port authority pursuant to this article are hereby  made  securities
in  which  all state and municipal officers and bodies, all banks, bank-
ers, trust companies, savings  banks,  savings  and  loan  associations,
investment  companies  and other persons carrying on a banking business,
all insurance companies, insurance associations and other persons carry-
ing on an insurance business, and all administrators, executors, guardi-
ans, trustees and other fiduciaries and all other persons whatsoever who
are now or may hereafter be authorized to invest in bonds or other obli-
gations of the electing state,  may  properly  and  legally  invest  any
funds,  including  capital,  belonging  to them or within their control;
and said bonds or other evidences of indebtedness are hereby made  secu-
rities  which  may  properly  and legally be deposited with and shall be
received by any state or municipal officer or agency for any purpose for
which the deposit of bonds or other evidences  of  indebtedness  of  the
electing  state  is  now  or may hereafter be authorized.  Such bonds or
other evidences of indebtedness shall constitute negotiable instruments.
  Notwithstanding the provisions of this or any  other  legislation  the
rentals  received by the port authority from the leasing of any railroad
cars under this article shall not be pooled or applied to the establish-
ment or maintenance of any reserve fund of the port authority pledged as
security for any bonds or other evidences  of  indebtedness  other  than
those  issued pursuant to this article, and the bonds or other evidences
of indebtedness issued pursuant to this article shall not be included in
measuring the principal amount of bonds or other  evidences  of  indebt-
edness upon which the amount of any such reserve fund is calculated.
  6. No taxes or assessments shall be levied or collected upon any rail-
road  cars  owned by the port authority pursuant to this article or upon
any leasehold interest therein.
  7. (a) The state of New York hereby elects pursuant to subdivision one
of this section to provide for the  purchase  and  rental  by  the  port
authority  of railroad cars on the commuter railroads of this state. The
commissioner of the department of transportation is hereby designated as
the officer of this state for the approval of leases pursuant to subpar-
agraph (v) of paragraph (a) of subdivision three of this section.
  (b) In the event that this state  shall  make  advances  to  the  port
authority for the purchase and rental of railroad cars, the port author-
ity  shall  repay  any such advances, pursuant to an appropriate written
agreement with the director of the budget  entered  into  prior  to  the
requisitioning  of such advances, out of money borrowed for such purpose
under subparagraph (iii) of paragraph (a) of subdivision three  of  this
section.  Except as so repaid, such advances shall be repaid annually by
the port authority to the extent and only to the extent  that  the  port
authority  shall have received rentals, directly or indirectly, from all
the commuter railroads of this state to which railroad  cars  have  been
leased  under  this  article in excess of the components of such rentals
which represent the port authority's administrative, legal and financial
expenses in connection with the purchase, ownership and lease.
  (c) In the event that railroad cars purchased by  the  port  authority
are  sold  upon  the  default  of any lessee thereof, the port authority
shall deduct from the proceeds of such sale its  unpaid  administrative,
legal  and financial expenses in connection with such lease and sale and
an amount equal to the  unpaid  principal  and  interest  and  mandatory
redemption  premiums,  whenever  payable,  upon its outstanding bonds or
other evidences of indebtedness, the proceeds of the issuance  of  which
shall  have  been  applied to the purchase of the railroad cars sold and

S. 3353                            131

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

S. 3353                            132

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

                              ARTICLE XXIV
                           WORLD TRADE CENTER

Section 2401. World trade center.
  S 2401. World trade center. 1. The states of New York and  New  Jersey
hereby find and determine:
  (a) that the transportation of persons to, from and within the port of
New  York,  and  the  flow  of foreign and domestic cargoes to, from and
through the port of New York are vital and essential to the preservation
of the economic well-being of the northern New Jersey-New York metropol-
itan area;
  (b) that in order to preserve the northern New Jersey-New York  metro-
politan  area  from  economic deterioration, adequate facilities for the
transportation of persons must be provided, preserved and maintained and
that rail services are and will remain of  extreme  importance  to  such
transportation of persons;
  (c) that the interurban electric railway now or heretofore operated by
the Hudson & Manhattan railroad company is an essential railroad facili-
ty  serving the northern New Jersey-New York metropolitan area, that its
physical plant is in a severely deteriorated condition, and that  it  is
in extreme financial condition;

S. 3353                            133

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

S. 3353                            134

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

S. 3353                            135

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

S. 3353                            136

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

S. 3353                            137

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

S. 3353                            138

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

S. 3353                            139

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

S. 3353                            140

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

S. 3353                            141

hereunder to acquire any real property which is then devoted to a public
use,  the  port authority shall have power to exchange or substitute any
other real property for such real property upon terms agreed to  by  the
port  authority  and the owner of such property then devoted to a public
use, and to find and determine that such other  real  property  is  also
required  for a public use; upon such determination the said other prop-
erty shall be and shall be deemed to be required for such public use.
  The port authority may acquire and is hereby authorized to acquire any
real property in the state of New York required for a public  use  under
the  preceding  paragraph,  whether  a  fee  simple absolute or a lesser
estate, by the exercise of the right of eminent domain under and  pursu-
ant  to the eminent domain procedure law of the state of New York, or at
the option of the port authority pursuant to  any  other  and  alternate
procedure  provided by law by such state. Nothing herein contained shall
be construed to prevent the port authority from bringing any proceedings
in either state to remove a cloud on title or such other proceedings  as
it  may, in its discretion, deem proper and necessary, or from acquiring
any such property in either state by negotiation or purchase.
  Where a person entitled to an award  remains  in  possession  of  such
property  after  the time of the vesting of title in the port authority,
and reasonable value of his use and occupancy of  such  property  subse-
quent  to  such  time,  as  fixed  by  agreement or by the court in such
proceedings or by any court of competent jurisdiction, shall be  a  lien
against  such  award, subject only to liens of record at the time of the
vesting of title in the port authority.
  9. The states of New York and New  Jersey  hereby  consent  to  suits,
actions  or  proceedings  by any municipality against the port authority
upon, in connection with or arising out of any agreement, or any  amend-
ment  thereof,  entered into for any of the purposes of this article, as
follows:
  (a) for judgments, orders or decrees restraining or enjoining the port
authority from transferring title to real property to other  persons  in
cases  where  it  has agreed with said municipality for transfer of such
title to the municipality;  and
  (b) for judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or decree shall not be entered  except  upon  two  days'  prior  written
notice  to  the  port  authority  of  the  proposed entry thereof;   and
provided further that upon appeal taken by the port authority from  such
judgment,  order  or  decree  the  service of the notice of appeal shall
perfect the appeal and stay the execution of  such  judgment,  order  or
decree appealed from without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consent to suits, actions, or proceedings against the port authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XXV of this chapter, and chapter two hundred four of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  10.  The  effectuation of the world trade center, the Hudson tubes and
the Hudson tubes extensions, or any of such  facilities  constituting  a
portion of the port development project, are and will be in all respects
for  the benefit of the people of the states of New York and New Jersey,
for the increase of their commerce and prosperity and for  the  improve-
ment  of  their health and living conditions; and the port authority and
any subsidiary corporation incorporated for any of the purposes of  this

S. 3353                            142

article  shall be regarded as performing an essential governmental func-
tion in undertaking the effectuation thereof, and in  carrying  out  the
provisions of law relating thereto.
  11.  The  port  authority shall be required to pay no taxes or assess-
ments upon any of the property acquired or used by it  for  any  of  the
purposes  of this article or upon any deed, mortgage or other instrument
affecting such property or upon the recording of  any  such  instrument.
However,  to  the  end  that  no municipality shall suffer undue loss of
taxes and assessments by reason of  the  acquisition  and  ownership  of
property  by the port authority for any of the purposes of this article,
the  port  authority  is  hereby  authorized  and  empowered,   in   its
discretion,  to  enter into a voluntary agreement or agreements with any
municipality whereby the port authority will undertake to pay in lieu of
taxes a fair and reasonable sum or sums annually in connection with  any
real  property  acquired  and owned by the port authority for any of the
purposes of this article.  Such sums in connection with any real proper-
ty acquired and owned by the port authority for any of the  purposes  of
this article shall not be more than the sum last paid as taxes upon such
real  property prior to the time of its acquisition by the port authori-
ty;   provided, however, that in connection  with  any  portion  of  the
Hudson  tubes-world  trade  center  area  acquired and owned by the port
authority for any of the purposes of this article, after  such  property
is  improved pursuant to this article with world trade center buildings,
structures or improvements greater in value than the  buildings,  struc-
tures  or  improvements  on such Hudson tubes-world trade center area at
the time of its acquisition by the port authority, then, with regard  to
such greater value, such sum or sums may be increased by such additional
sum  or  sums  annually as may be agreed upon between the port authority
and the city of New York which will not include any consideration of the
exhibit areas of the world trade center or of any areas which  would  be
tax  exempt  in  their own right if title were in the governmental occu-
pants or of other areas accommodating services for the public or devoted
to general public use.  Each such municipality is hereby authorized  and
empowered  to  enter  into  such  agreement  or agreements with the port
authority and to accept the payment or payments which the port authority
is hereby authorized and empowered to make, and the sums so received  by
such  municipality  shall  be  devoted to purposes to which taxes may be
applied unless and until otherwise directed by law of the state in which
such municipality is located.
  12. All details of the effectuation,  including  but  not  limited  to
details  of  financing,  leasing,  rentals, tolls, fares, fees and other
charges, rates, contracts and service, of the world  trade  center,  the
Hudson tubes and the Hudson tubes extensions by the port authority shall
be  within  its  sole discretion and its decision in connection with any
and all matters concerning the world trade center, the Hudson tubes  and
the  Hudson  tubes  extensions  shall be controlling and conclusive. The
local laws, resolutions, ordinances, rules and regulations of  the  city
of New York shall apply to such world trade center if so provided in any
agreement  between  the  port  authority  and the city and to the extent
provided in any such agreement.
  So long as any facility constituting a portion of the port development
project shall be owned, controlled or operated  by  the  port  authority
(either  directly  or  through a subsidiary corporation incorporated for
any of the purposes of this article), no agency, commission  or  munici-
pality  of either or both of the two states shall have jurisdiction over
such facility nor shall any such agency, commission or municipality have

S. 3353                            143

any jurisdiction over the terms or method of effectuation of all or  any
portion  thereof  by the port authority (or such subsidiary corporation)
including but not limited to the transfer of all or any portion  thereof
to or by the port authority (or such subsidiary corporation).
  Nothing  in this article shall be deemed to prevent the port authority
from establishing, acquiring, owning, leasing, constructing,  effectuat-
ing, developing, maintaining, operating, rehabilitating or improving all
or  any  portion  of  the  port development project through wholly owned
subsidiary corporations of the port authority or from transferring to or
from any such corporations any moneys, real property or  other  property
for  any  of  the  purposes of this article. If the port authority shall
determine from time to time to form such  a  subsidiary  corporation  it
shall  do  so by executing and filing with the secretary of state of New
York and the secretary of state of New Jersey a certificate of  incorpo-
ration,  which may be amended from time to time by similar filing, which
shall set forth the name of such subsidiary corporation,  its  duration,
the  location  of its principal office, and the purposes of the incorpo-
ration which shall be one or  more  of  the  purposes  of  establishing,
acquiring,  owning,  leasing,  constructing,  effectuating,  developing,
maintaining, operating, rehabilitating or improving all or  any  portion
of  the  port  development  project.    The directors of such subsidiary
corporation shall be the same persons holding the offices of commission-
ers of the port authority.  Such subsidiary corporation shall  have  all
the  powers vested in the port authority itself for the purposes of this
article except that it shall not have  the  power  to  contract  indebt-
edness.   Such subsidiary corporation and any of its property, functions
and activities  shall  have  all  of  the  privileges,  immunities,  tax
exemptions  and  other  exemptions of the port authority and of the port
authority's property, functions and activities.  Such subsidiary  corpo-
ration shall be subject to the restrictions and limitations to which the
port  authority  may  be  subject,  including,  but  not  limited to the
requirement that no action taken at any meeting of the board  of  direc-
tors of such subsidiary corporation shall have force or effect until the
governors  of  the  two  states  shall  have an opportunity, in the same
manner and within the same time as now or hereafter provided by law  for
approval  or  veto of actions taken at any meeting of the port authority
itself, to approve or veto such action.    Such  subsidiary  corporation
shall  be  subject  to  suit in accordance with subdivision nine of this
section and chapter three hundred one of the laws of New York  of  nine-
teen  hundred  fifty  as  continued  by article XXV of this chapter, and
chapter two hundred four of the laws of New Jersey of  nineteen  hundred
fifty-one  as  if  such  subsidiary  corporation were the port authority
itself.   Such subsidiary  corporation  shall  not  be  a  participating
employer  under  the  New York retirement and social security law or any
similar law of either state and the employees  of  any  such  subsidiary
corporation,  except those who are also employees of the port authority,
shall not be deemed employees of the port authority.
  Whenever any state, municipality, commission, agency, officer, depart-
ment, board or division is authorized  and  empowered  for  any  of  the
purposes  of  this  article to co-operate and enter into agreements with
the port authority or to grant any consent to the port authority  or  to
grant,  convey,  lease  or  otherwise  transfer any property to the port
authority or to execute any document, such state, municipality,  commis-
sion, agency, officer, department, board or division shall have the same
authorization and power for any of such purposes to co-operate and enter
into  agreements  with such subsidiary corporation and to grant consents

S. 3353                            144

to such subsidiary corporation and to grant, convey, lease or  otherwise
transfer  property  to  such subsidiary corporation and to execute docu-
ments for such subsidiary corporation.
  13. The bonds issued by the port authority to provide funds for any of
the  purposes  of  this  article are hereby made securities in which all
state and municipal officers and bodies of both states, all trust compa-
nies and banks other than savings banks, all building and  loan  associ-
ations,  savings  and  loan associations, investment companies and other
persons carrying on a commercial banking business, all insurance  compa-
nies,  insurance associations and other persons carrying on an insurance
business, and all administrators,  executors,  guardians,  trustees  and
other  fiduciaries, and all other persons whatsoever (other than savings
banks), who are now or may hereafter be authorized by  either  state  to
invest  in  bonds  of  such  state,  may properly and legally invest any
funds, including capital, belonging to them or within their control, and
said bonds are hereby made securities which may properly and legally  be
deposited  with  and shall be received by any state or municipal officer
or agency of either state for any purpose for which the deposit of bonds
of such state is now or may hereafter be authorized.   The bonds  issued
by  the  port authority to provide funds for any of the purposes of this
article as security for which the general reserve fund shall  have  been
pledged  in  whole  or  in  part are hereby made securities in which all
savings banks also may properly and legally invest any funds,  including
capital, belonging to them or within their control.
  14.    If  the  port  authority shall find it necessary, convenient or
desirable to acquire (either directly or  through  a  subsidiary  corpo-
ration)  from  time to time any real property or any property other than
real property (including but not limited to contract  rights  and  other
intangible  personal  property and railroad cars or other rolling stock,
maintenance and repair equipment and  parts,  fuel  and  other  tangible
personal property), for any of the purposes of this article, whether for
immediate  or  future  use  (including temporary construction, rehabili-
tation or improvement), the port authority may find and  determine  that
such  property,  whether  a fee simple absolute or a lesser interest, is
required for a public use, and upon such determination the said property
shall be and shall be deemed to be required for such  public  use  until
otherwise determined by the port authority, and such determination shall
not  be  affected  by  the  fact that such property has theretofore been
taken for and is then devoted to a public use; but the public use in the
hands of or under the control of the  port  authority  shall  be  deemed
superior to the public use in the hands of any other person, association
or corporation.
  The  port authority may acquire and is hereby authorized so to acquire
from time to time, for any of the purposes of this article, such proper-
ty, whether a fee simple absolute or a  lesser  estate,  (including  the
exercise  of  the  right  of  eminent  domain) under and pursuant to the
provisions of the eminent domain procedure law of the state of New  York
in  the  case  of property located in or having its situs in such state,
and revised statutes of New Jersey, title twenty: one-one  et  seq.,  in
the  case  of property located in or having its situs in such state, or,
at the option of the port authority, as provided in section  fifteen  of
chapter  forty-three  of  the  laws  of  New  Jersey of nineteen hundred
forty-seven, as amended, in the case of property located  in  or  having
its  situs in such state, or pursuant to such other and alternate proce-
dure as may be provided by law of the state in which  such  property  is
located  or  has its situs; and all of said statutes for the acquisition

S. 3353                            145

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

S. 3353                            146

nonforum state shall grant full faith and credit to such judgment, order
or  decree  and upon petition by the authority to the court or courts of
the non forum state specified in the laws thereof for the acquisition by
the port authority of property located or having its situs in the nonfo-
rum state pursuant to this act, presenting a true copy of such judgment,
order  or  decree  and  proof  that it is in effect, that any conditions
thereof have been met, that at least five days' notice of such  petition
has  been  served by registered or certified mail upon all owners of the
property affected who appeared in the original action or  proceeding  in
the  forum  state  or  who  may be owners of record, and without further
proof, a judgment, order or decree of such court or courts of the nonfo-
rum state shall be entered granting  the  authority  possession  of  the
property  located or having its situs in the nonforum state and confirm-
ing any title which shall have vested in the authority or its subsidiary
by the judgment, order or decree of the court or  courts  of  the  forum
state.
  The  owner  of  any  property acquired for any of the purposes of this
article shall not be awarded for such property any increment  above  the
just compensation required by the constitutions of the United States and
of the state or states in which the property is located or has its situs
by reason of any circumstances whatsoever.
  Nothing  herein  contained  shall  be  construed  to  prevent the port
authority from bringing any proceedings to remove a cloud  on  title  or
such  other  proceedings  as  it may, in its discretion, deem proper and
necessary, or  from  acquiring  any  such  property  by  negotiation  or
purchase.
  Where  a person entitled to an award in the proceedings to acquire any
property for any of the purposes of this article remains  in  possession
of such property after the time of the vesting of title in the authority
or its subsidiary, the reasonable value of his use and occupancy of such
property  subsequent to such time, as fixed by agreement or by the court
in such proceedings or by any court of competent jurisdiction, shall  be
a  lien  against such award, subject only to liens of record at the time
of the vesting of title in the authority or its subsidiary.
  15. The port authority and its duly authorized agents, and all persons
acting under its authority and  by  its  direction,  may  enter  in  the
daytime  into  and upon any real property for the purpose of making such
surveys, diagrams, maps, plans, soundings or borings as the port author-
ity may deem necessary, convenient or desirable for any of the  purposes
of this act.
  16. Any declarations contained herein with respect to the governmental
nature  and  public  purpose of the world trade center, Hudson tubes and
Hudson tubes extensions and to the exemption of the world trade  center,
Hudson tubes and Hudson tubes extensions property and instruments relat-
ing  thereto  from  taxation and to the discretion of the port authority
with respect to said facilities shall not be  construed  to  imply  that
other  port  authority  facilities, property and operations are not of a
governmental nature or do not serve public purposes, or  that  they  are
subject  to  taxation,  or that the determinations of the port authority
with respect thereto are not conclusive.   The powers hereby  vested  in
the  port  authority  and in any subsidiary corporation incorporated for
any of the purposes of this article (including but not  limited  to  the
power  to  acquire  real  property  by condemnation) shall be continuing
powers and no exercise thereof by the port  authority  or  a  subsidiary
corporation  incorporated  for any of the purposes of this article shall
be deemed to exhaust them or any of them.

S. 3353                            147

  17. This subdivision and the preceding subdivisions hereof  constitute
an agreement between the states of New York and New Jersey supplementary
to  the  compact  between  the  two  states dated April thirty, nineteen
hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
construed  to effectuate the purposes of said compact and of the compre-
hensive plan heretofore adopted by the two states, and the powers grant-
ed to the port authority shall be construed to be in aid of and  not  in
limitation  or  in  derogation  of any other powers heretofore conferred
upon or granted to the port authority.
  18. If any subdivision, part, phrase, or provision of this article  or
the  application  thereof  to  any  person  or circumstances be adjudged
invalid by any court of competent jurisdiction, so long as  the  article
or  remainder  of the article shall nonetheless permit the effectuation,
as a unified project, of the Hudson tubes, Hudson tubes  extensions  and
the world trade center, such judgment shall be confined in its operation
to  the  subdivision,  part,  phrase,  provision or application directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered  and shall not affect or impair the validly of the remainder of
this article or the application thereof  to  other  persons  or  circum-
stances  and  the two states hereby declare that they would have entered
into this article or the remainder thereof had the  invalidity  of  such
provision or application thereof been apparent.

                               ARTICLE XXV
                    SUITS AGAINST THE PORT AUTHORITY

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

S. 3353                            148

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

S. 3353                            149

  9.  The commissioners, officers or employees  of  the  port  authority
shall  not  be  subject  to suits, actions or proceedings for judgments,
orders or decrees restraining, preventing or  enjoining  them  in  their
official  or personal capacities from committing or continuing to commit
any  act  or  acts  on  behalf  of  the port authority other than suits,
actions and proceedings brought by the attorney general of New  York  or
by  the attorney general of New Jersey or by the port authority itself--
each of said attorneys general being hereby  authorized  to  bring  such
suits,  actions or proceedings in his discretion on behalf of any person
or persons whatsoever who requests him so to  do  except  in  the  cases
excluded  by sections two, three and four of this act; provided, that in
any such suit, action or proceeding brought by either attorney  general,
no  judgment,  order or decree shall be entered except upon at least two
days' notice to the defendant of the proposed entry thereof.
  10.  Nothing herein contained shall be deemed to  revoke,  rescind  or
affect  any  consents  to suits, actions or proceedings against the port
authority heretofore given by the  two  said  states  in  chapter  eight
hundred  two of the laws of New York of nineteen hundred forty-seven, as
amended and continued by article  XIII  of  this  chapter,  and  chapter
forty-three  of  the laws of New Jersey of nineteen hundred forty-seven,
as amended; chapter six hundred thirty-one of the laws of  New  York  of
nineteen hundred forty-seven, as amended and continued by article XII of
this  chapter;  chapter forty-four of the laws of New Jersey of nineteen
hundred forty-seven, as amended, and chapter five hundred thirty-four of
the laws of New York of nineteen hundred forty-eight  and  continued  by
article  XII of this chapter and chapter ninety-seven of the laws of New
Jersey of nineteen hundred forty-eight.
  S 11.  This act together with the act  of  the  state  of  New  Jersey
concurring  herein,  shall constitute an agreement between the states of
New York and New Jersey supplementary to and amendatory of  the  compact
between  the  two  said  states  dated April thirtieth, nineteen hundred
twenty-one.

                              ARTICLE XXVI
        RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES

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

                          RULES AND REGULATIONS

  (a)  No  person  shall  smoke,  carry  or possess a lighted cigarette,
cigar, pipe, match or any lighted instrument causing naked flame  in  or
about any area, building or appurtenance or in any cars or other rolling
stock  of  the Hudson tubes or Hudson tubes extensions where smoking has
been prohibited by PATH and where appropriate signs to that effect  have
been posted.

S. 3353                            150

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

                              ARTICLE XXVII
             MASS TRANSPORTATION FACILITIES TO AIR TERMINALS

Section 2701. Mass transportation facilities to air terminals.
  S 2701. Mass transportation facilities  to  air  terminals.    1.  The
states of New York and New Jersey hereby find and determine that:

S. 3353                            151

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

S. 3353                            152

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

S. 3353                            153

the  foregoing,  or  any municipality or other public corporation in the
state of New Jersey or the state of New York, or any two or more of  the
foregoing,  are  hereby authorized and empowered to enter into an agree-
ment or agreements with the port authority to effectuate any one or more
of the purposes of this article.

                             ARTICLE XXVIII
             INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES

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

S. 3353                            154

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

S. 3353                            155

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

S. 3353                            156

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

S. 3353                            157

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

S. 3353                            158

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

S. 3353                            159

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

S. 3353                            160

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

S. 3353                            161

provided for in the agreement authorized by subdivision 11  or  subdivi-
sion  12 of this section. The port authority is authorized and empowered
to enter into an agreement or agreements (and from time to time to enter
into  agreements  amending  or  supplementing  the same) with any public
authority, agency or commission of either or both states to provide  for
the  effectuation  of  any  of  the  purposes  of this article through a
subsidiary corporation owned jointly by the port authority and any  such
public  authority,  agency or commission, and any such public authority,
agency or commission is authorized and  empowered  to  enter  into  such
agreement or agreements with the port authority.
  8.  Notwithstanding any contrary provision of law, general, special or
local, either state and any municipality  thereof  and  any  commission,
public  authority  or  agency  of  either  or both of said two states is
authorized and empowered to co-operate with the port  authority  and  to
enter  into  an  agreement or agreements (and from time to time to enter
into agreements amending  or  supplementing  the  same)  with  the  port
authority  or with any other person for and in connection with or relat-
ing to the acquisition, clearance,  replanning,  rehabilitation,  recon-
struction,  redevelopment,  sale, transfer or mortgage of any industrial
development project or facility or of any other area forming part of any
industrial development project or facility for the  purpose  of  renewal
and  improvement  of  said  area  as  aforesaid  or for any of the other
purposes of this article, including but not limited to the dedication by
the municipalities of the port district of refuse, solid waste or  waste
resulting  from other treatment processes to resource recovery to permit
the generation of lower priced energy and the recovery of useful materi-
als and a commitment by such municipalities to pay fees  to  permit  the
delivery  and  removal after processing of such refuse or solid waste at
rates and for periods of time at least sufficient to assure the  contin-
ued  availability  of  such  energy  and  recovered materials, upon such
reasonable terms and conditions as may  be  determined  by  such  state,
municipality,  public  authority,  agency  or  commission  and  the port
authority.  Such agreement may, without limiting the generality  of  the
foregoing,  further  include consent to the use by the port authority or
any other person of any real property owned or to be  acquired  by  said
state,  municipality, public authority, agency or commission and consent
to the use by such state,  municipality,  public  authority,  agency  or
commission  of  any  real  property  owned or to be acquired by the port
authority or by any other person which  in  either  case  is  necessary,
convenient  or desirable in the opinion of the port authority for any of
the purposes of this article, including such real property, improved  or
unimproved,  as  has  already  been  devoted  to or has been or is to be
acquired for urban renewal or other public use, and as  an  incident  to
such  consent  such  state,  municipality,  public  authority, agency or
commission may grant, convey, lease or otherwise transfer any such  real
property  to  the  port  authority  or  to any other person and the port
authority may grant, convey, lease or otherwise transfer any  such  real
property  to such state, municipality, public authority, agency, commis-
sion or any other person for such term and upon such conditions  as  may
be  agreed  upon.   If real property of such state, municipality, public
authority, agency or commission be leased to the port  authority  or  to
any  other  person  for any of the purposes of this article, such state,
municipality, public authority, agency or commission may consent to  the
port  authority or any other person having the right to mortgage the fee
of such property and thus enable the port authority or such other person
to give as security for its bond or bonds  a  lien  upon  the  land  and

S. 3353                            162

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

S. 3353                            163

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

S. 3353                            164

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

S. 3353                            165

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

S. 3353                            166

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

S. 3353                            167

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

S. 3353                            168

of the clerk in which the real property affected is  situated  and  such
other  provisions  as  by  their nature cannot be applicable to property
other than real property, shall not be applicable to the acquisition  of
such  other  property.  In  the  event that any property other than real
property is acquired for any of the purposes of this article under  this
section  then,  with  respect  to  such  other  property, notice of such
proceeding and all subsequent notices or court processes shall be served
upon the owners of such other property and upon the  port  authority  by
personal  service  or  by registered or certified mail, except as may be
otherwise directed by the court.
  The  port  authority  is  hereby  authorized  and  empowered,  in  its
discretion,  from  time  to  time to combine any property which is to be
acquired as aforesaid by condemnation for any of the  purposes  of  this
article for acquisition in a single action or proceeding notwithstanding
that  part  of  the  property  so to be acquired is personal property or
mixed real and personal property or may be owned by more than one owner.
  The owner of any property acquired by condemnation or the exercise  of
the  right  of  eminent domain for any of the purposes of this act shall
not be awarded for such property any increment above  the  just  compen-
sation  required  by  the  constitutions of the United States and of the
state or states in which the property is located or  has  its  situs  by
reason of any circumstances whatsoever.
  Nothing  herein  contained  shall  be  construed  to  prevent the port
authority from bringing any proceedings to remove a cloud  on  title  or
such  other  proceedings  as  it may, in its discretion, deem proper and
necessary, or  from  acquiring  any  such  property  by  negotiation  or
purchase.
  Where  a person entitled to an award in the proceedings for the acqui-
sition of property by condemnation or the right of  eminent  domain  for
any  of the purposes of this article remains in possession of such prop-
erty after the time of the vesting of title in the port  authority,  the
reasonable  value  of this use and occupancy of such property subsequent
to such time, as fixed by agreement or by the court in such  proceedings
or  by any court of competent jurisdiction, shall be a lien against such
award, subject only to liens of record at the time  of  the  vesting  of
title in the port authority.
  15. The port authority and its duly authorized agents, and all persons
acting  under  its  authority  and  by  its  direction, may enter in the
daytime into and upon any real property for the purpose of  making  such
surveys, diagrams, maps, plans, soundings or borings as the port author-
ity  may deem necessary, convenient or desirable for any of the purposes
of this article.
  16. Any declarations contained herein with respect to the governmental
nature and public purpose  of  any  industrial  development  project  or
facility  and  to the exemption of any industrial development project or
facility property and instruments relating thereto from taxation and  to
the  discretion  of  the port authority with respect to said projects or
facilities shall not be construed to imply  that  other  port  authority
facilities,  property and operations are not of a governmental nature or
do not serve public purposes, or that they are subject to  taxation,  or
that  the  determinations of the port authority with respect thereto are
not conclusive.  The powers hereby vested in the port authority  and  in
any  subsidiary corporation incorporated for any of the purposes of this
act (including but not limited to the power to acquire real property  by
condemnation  or  the  exercise of the right of eminent domain) shall be
continuing powers and no exercise thereof by the  port  authority  or  a

S. 3353                            169

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

S. 3353                            170

public  meeting  of  the  port  authority  in connection with any of the
purposes of this article.  Such filing shall be made at least ten calen-
dar days before such minutes are transmitted to  the  governor  of  each
state  for  review;   and notice of such filing shall be provided to the
governor of each state at the same time.
  The temporary president and minority leader of the senate, the speaker
and minority leader of the assembly, the chairman of the  assembly  ways
and  means committee and the chairman of the senate finance committee of
the state of New York and the speaker and minority leader of the general
assembly and the president and the minority leader of the senate of  the
state  of  New  Jersey,  or  their representatives designated by them in
writing for this purpose, may by certificate filed with the secretary of
the port authority waive the foregoing filing requirement  with  respect
to any specific minutes.
  21.  The comptroller of the state of New York and the treasurer of the
state of New Jersey may each from time to time request a special  report
with  such  information  as  each  such officer may require with respect
thereto from the port authority with respect to any  or  all  industrial
development projects or facilities.

                              ARTICLE XXIX
                           BUS TRANSPORTATION

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

S. 3353                            171

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

S. 3353                            172

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

S. 3353                            173

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

S. 3353                            174

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

S. 3353                            175

to said facilities shall not be  construed  to  imply  that  other  port
authority  facilities, property and operations are not of a governmental
nature or do not serve public purposes, or  that  they  are  subject  to
taxation,  or that the determinations of the port authority with respect
thereto are not conclusive.
  12. This subdivision and the preceding subdivisions hereof  constitute
an agreement between the states of New York and New Jersey supplementary
to  the  compact  between the two states dated April thirtieth, nineteen
hundred twenty-one  and  amendatory  thereof,  and  shall  be  liberally
construed  to effectuate the purposes of said compact and of the compre-
hensive plan heretofore adopted by the two states, and the powers grant-
ed to the port authority shall be construed to be in aid of and  not  in
limitation  or  in  derogation  of any other powers heretofore conferred
upon or granted to the port authority.
  S 31. Chapter 40-A of the  consolidated  laws  constituting  the  port
authority  of  New York and New Jersey created by section thirty of this
act shall be deemed for all purposes to be a continuation  of  the  port
authority  of  New York and New Jersey as it was constituted immediately
preceding the effective date of this act and shall not be construed as a
newly created authority.  All unexpended balances of  appropriations  of
monies  heretobefore made or allocated to the port authority of New York
and New Jersey as such authority was constituted  immediately  preceding
the  effective  date  of this act, whether obligated or unobligated, are
hereby transferred to and made available to the port  authority  of  New
York  and  New  Jersey  as  created  in section thirty of this act.  All
rules, regulations, orders, determinations, and decisions  of  the  port
authority  of New York and New Jersey, as it was constituted immediately
preceding the effective date of this act, shall continue in  full  force
and  effect  as rules, regulations, orders, determinations and decisions
of the port authority of New York and  New  Jersey  created  by  section
thirty of this act.
  S  32. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  33.  This  act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with  this
act,  but  if  the  state  of New Jersey shall have already enacted such
legislation this act shall take effect immediately. The chairman of  the
port  authority  shall  notify  the legislative bill drafting commission
upon the enactment into law of such legislation by both such  states  in
order  that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New  York  in
furtherance  of effecting the provision of section 44 of the legislative
law and section 70-b of the public officers law.

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

                                 3353--B
    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  --  again 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD06925-07-5

S. 3353--B                          2

  to suits against the port authority; to repeal chapter 774 of the laws
  of 1950 relating to the rules and  regulations  governing  traffic  on
  vehicular  crossings operated by the port authority; to repeal chapter
  206  of  the  laws of 1951 relating to traffic regulations for air and
  marine terminals; to repeal chapter 207 of the laws of  1951  relating
  to penalties for violation of rules and regulations; to repeal chapter
  142  of  the  laws of 1953 relating to smoking regulations for air and
  marine terminals; to repeal chapter 143 of the laws of  1953  relating
  to  suits on leases at International Airport; to repeal chapter 808 of
  the laws of 1955, relating to the Narrows bridge;  to  repeal  chapter
  444  of  the laws of 1956 relating to New Jersey turnpike connections;
  to repeal chapter 638 of the laws of 1959, relating to  the  purchase,
  financing and rental of commuter railroad cars by the port of New York
  authority and agreeing with the state of New Jersey with respect ther-
  eto;  to  repeal  chapter  209  of  the  laws of 1962, relating to the
  financing and effectuation by the port of New York authority of a port
  development project, consisting of the Hudson tubes, the Hudson  tubes
  extensions and a world trade center; to repeal chapter 665 of the laws
  of 1964, relating to the operation within the state of New York of the
  Hudson tubes and the Hudson tubes extensions; to repeal chapter 474 of
  the  laws  of  1971,  relating to the authorization of the port of New
  York authority to provide access by mass transportation facilities  to
  air  terminals; to repeal chapter 651 of the laws of 1978, relating to
  the further coordination, facilitation,  promotion,  preservation  and
  protection  of  trade and commerce in and through the port of New York
  district through the financing and effectuation of industrial develop-
  ment projects therein by the  port  authority  of  New  York  and  New
  Jersey,  and agreeing with the state of New Jersey with respect there-
  to; to repeal chapter 12 of the laws of 1979, relating to the acquisi-
  tion, development, financing and transfer of buses and related facili-
  ties by the port  authority  of  New  York  and  New  Jersey  and  the
  utilization  thereof; and relating to constituting chapter 40-A of the
  consolidated laws, in relation to the port authority of New  York  and
  New Jersey

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

  Section 1. Chapter 154 of the laws of 1921, constituting the  Port  of
New York Authority, is REPEALED.
  S 2. Chapter 43 of the laws of 1922 relating to the development of the
port of New York is REPEALED.
  S 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in
New York and New Jersey is REPEALED.
  S 4. Chapter 882 of the laws of 1953 relating to waterfront employment
and air freight industry regulation is REPEALED.
  S 5. Chapter 700 of the laws of 1927 relating to the veto power of the
governor is REPEALED.
  S  6.  Chapter  48  of the laws of 1931 regulating the use of revenues
received by the port of New York authority from or  in  connection  with
the operation of terminal and transportation facilities is REPEALED.
  S 7. Chapter 553 of the laws of 1931 relating to the payment of a fair
and reasonable sum by the port authority is REPEALED.
  S 8. Chapter 876 of the laws of 1935 relating to the payment of a fair
and reasonable sum for a change in grade is REPEALED.

S. 3353--B                          3

  S  9.  Chapter  203  of  the laws of 1938 relating to the sale of real
property acquired by the port authority is REPEALED.
  S  10.  Chapter 163 of the laws of 1945 relating to motor truck termi-
nals is REPEALED.
  S 11. Chapter 352 of the laws of 1946 relating to monies for  prelimi-
nary  studies  upon the interstate vehicular bridges known as the Outer-
bridge crossing, the Goethals bridge and the Bayonne bridge is REPEALED.
  S 12. Chapter 443 of the laws of 1946 relating to  the  financing  and
effectuating of a motor bus terminal by the port authority is REPEALED.
  S  13.  Chapter 631 of the laws of 1947 relating to the development of
marine terminals by the port authority is REPEALED.
  S 14. Chapter 802 of the laws of 1947 relating to the financing of air
terminals by the port authority is REPEALED.
  S 15. Chapter 819 of the laws of 1947 relating to the port authority's
ability to exercise the right of eminent domain is REPEALED.
  S 16. Chapter 301 of the laws of 1950 relating to  suits  against  the
port authority is REPEALED.
  S  17. Chapter 774 of the laws of 1950 relating to the rules and regu-
lations governing traffic on vehicular crossings operated  by  the  port
authority is REPEALED.
  S 18. Chapter 206 of the laws of 1951, relating to traffic regulations
for air and marine terminals, is REPEALED.
  S  19.  Chapter  207  of  the  laws of 1951, relating to penalties for
violation of rules and regulations, is REPEALED.
  S 20. Chapter 142 of the laws of 1953, relating to smoking regulations
for air and marine terminals, is REPEALED.
  S 21. Chapter 143 of the laws of 1953, relating to suits on leases  at
International Airport, is REPEALED.
  S 22. Chapter 808 of the laws of 1955, relating to the Narrows bridge,
is REPEALED.
  S 23. Chapter 444 of the laws of 1956, relating to New Jersey turnpike
connections, is REPEALED.
  S  24.  Chapter  638  of  the  laws of 1959, relating to the purchase,
financing and rental of commuter railroad cars by the port of  New  York
authority  and agreeing with the state of New Jersey with respect there-
to, is REPEALED.
  S 25. Chapter 209 of the laws of 1962, relating to the  financing  and
effectuation  by  the  port  of New York authority of a port development
project, consisting of the Hudson tubes, the Hudson tubes extensions and
a world trade center, is REPEALED.
  S 26. Chapter 665 of the laws of 1964, relating to the operation with-
in the state of New York of the Hudson tubes and the Hudson tubes exten-
sions, is REPEALED.
  S 27.  Chapter 474 of the laws of 1971, relating to the  authorization
of  the port of New York authority to provide access by mass transporta-
tion facilities to air terminals, is REPEALED.
  S 28. Chapter 651 of the laws of 1978, relating to the further coordi-
nation, facilitation, promotion, preservation and  protection  of  trade
and  commerce  in  and through the port of New York district through the
financing and effectuation of industrial development projects therein by
the port authority of New York and New Jersey,  and  agreeing  with  the
state of New Jersey with respect thereto, is REPEALED.
  S  29.  Chapter  12  of the laws of 1979, relating to the acquisition,
development, financing and transfer of buses and related  facilities  by
the port authority of New York and New Jersey and the utilization there-
of, is REPEALED.

S. 3353--B                          4

  S  30.  Chapter  40-A  of  the  consolidated  laws is added to read as
follows:
                  CHAPTER 40-A OF THE CONSOLIDATED LAWS
                PORT AUTHORITY OF NEW YORK AND NEW JERSEY
                                ARTICLE I
                           GENERAL PROVISIONS
Section 101. Short title.
        102. Legislative intent.
        103. Explanation of order of provisions.
        104. Definitions.
        105. Port authority of New York and New Jersey.
        106. Port of New York district.
        107. Commissioners.
        108. Power of the port authority.
        109. Public meetings.
        110. Minutes of public meetings.
        111. Jurisdiction.
        112. Powers of municipalities to develop or improve.
        113. Comprehensive development.
        114. Recommendations.
        115. Expense of operations.
        116. Records of the port authority.
        117. Port authority as an agency.
        118. Notice of claim.
        119. Regulations.
  S  101.  Short  title. This chapter shall be known and may be cited as
the "port authority of New York and New Jersey act".
  S 102. Legislative intent.   William R. Willcox,  Eugenius  H.  Outer-
bridge  and Murray Hulbert, or any two of them, commissioners heretofore
appointed under chapter four hundred and twenty-six of the laws of nine-
teen hundred and seventeen of the state of New York, together  with  the
attorney-general  of  the  state  of  New York, are hereby authorized as
commissioners upon the part of the state of New York to enter into, with
the state of New Jersey, by and through the commissioners  appointed  or
who  may  be appointed under or by virtue of a law of the legislature of
the state of New Jersey, an agreement or compact in the form  following,
that is to say:
  Whereas,  In  the  year eighteen hundred and thirty-four the states of
New York and New Jersey did enter into an agreement fixing and determin-
ing the rights and obligations of the two states in and about the waters
between the two states, especially in and about the bay of New York  and
the Hudson river; and
  Whereas,  Since  that  time  the  commerce of the port of New York has
greatly developed and increased and the territory in and around the port
has become commercially one center or district; and
  Whereas, It is confidently believed that a better co-ordination of the
terminal, transportation and other facilities of commerce in, about  and
through the port of New York, will result in great economies, benefiting
the nation, as well as the states of New York and New Jersey; and
  Whereas,  The  future development of such terminal, transportation and
other facilities of commerce will require the expenditure of large  sums
of  money and the cordial co-operation of the states of New York and New
Jersey in the encouragement of the investment of  capital,  and  in  the
formulation and execution of the necessary physical plans; and
  Whereas, Such result can best be accomplished through the co-operation
of the two states by and through a joint or common agency.

S. 3353--B                          5

  Now,  therefore, the said states of New Jersey and New York do supple-
ment and amend the existing agreement of eighteen  hundred  and  thirty-
four in the following respects.
  They  agree to and pledge, each to the other, faithful co-operation in
the future planning and development of the port of New York, holding  in
high  trust  for  the  benefit  of  the nation the special blessings and
natural advantages thereof.
  S 103. Explanation of order of provisions. In this port  authority  of
New  York  and  New  Jersey  act,  the  provisions  have been divided in
descending order of application, with illustrations, as follows:
  Article I
  Part I
  Section 101
  Subdivision 1.
  Paragraph (a)
  Subparagraph (1)
  Item (i)
  Clause A.
  S 104. Definitions.   The following terms  shall  have  the  following
meanings unless otherwise provided:
  1.  "Board"  means the board of commissioners of the port authority of
New York and New Jersey.
  2. "Consent, approval or recommendation of municipality" means wherev-
er the consent,  approval  or  recommendation  of  a  "municipality"  is
required,  the word "municipality" shall be taken to include any city or
incorporated village within the port district, and in  addition  in  the
state  of  New  Jersey  any  borough, town, township or any municipality
governed by an improvement commission within the district. Such consent,
approval or recommendation whenever required in the case of the city  of
New  York  shall be deemed to have been given or made whenever the board
of estimate and  apportionment  of  said  city  or  any  body  hereafter
succeeding  to  its  duties  shall  by a majority vote pass a resolution
expressing such consent, approval or recommendation; and in the case  of
any municipality now or hereafter governed by a commission, whenever the
commission thereof shall by majority vote pass such a resolution; and in
all other cases whenever the body authorized to grant consent to the use
of the streets or highways of such municipality shall by a majority vote
pass such a resolution.
  3.  "Facility"  shall include all works, buildings, structures, appli-
ances  and  appurtenances  necessary  and  convenient  for  the   proper
construction,  equipment,  maintenance and operation of such facility or
facilities or any one or more of them.
  4. "To lease" shall include to rent or to hire.
  5. "Meeting" means any gathering, whether corporeal  or  by  means  of
communication  equipment,  which  is attended by, or open to, the board,
held with the intent, on the part  of  the  board  members  present,  to
discuss  or  act  as  a  unit  upon  the specific public business of the
authority. "Meeting" does not mean a gathering (a) attended by less than
an effective majority of the board, or (b) attended by or  open  to  all
the  members  of  three or more similar public bodies at a convention or
similar gathering.
  6. "Personal property" shall include choses in action  and  all  other
property  now  commonly or legally defined as personal property or which
may hereafter be so defined.

S. 3353--B                          6

  7. "Public business" means matters which relate in any  way,  directly
or indirectly, to the performance of the functions of the port authority
of New York and New Jersey or the conduct of its business.
  8.  "Railroads"  shall  include railways, extensions thereof, tunnels,
subways, bridges, elevated structures, tracks, poles,  wires,  conduits,
power  houses,  substations,  lines  for the transmission of power, car-
barns,  shops,  yards,  sidings,  turn-outs,  switches,   stations   and
approaches thereto, cars and motive equipment.
  9. "Real property" shall include land under water, as well as uplands,
and all property either now commonly or legally defined as real property
or which may hereafter be so defined.
  10. "Rule or regulation", until and unless otherwise determined by the
legislatures  of  both  states,  shall  mean  any rule or regulation not
inconsistent with the constitution of the United  States  or  of  either
state,  and,  subject  to the exercise of the power of congress, for the
improvement of  the  conduct  of  navigation  and  commerce  within  the
district,  and  shall  include charges, rates, rentals or tolls fixed or
established by the port authority; and  until  otherwise  determined  as
aforesaid,  shall  not  include  matters  relating  to  harbor  or river
pollution. Wherever action by the legislature of either state is  herein
referred  to,  it  shall  mean an act of the legislature duly adopted in
accordance with the provisions of this chapter.
  11. "Transportation facility" shall include railroads, steam or  elec-
tric, motor truck or other street or highway vehicles, tunnels, bridges,
boats,  ferries, car-floats, lighters, tugs, floating elevators, barges,
scows or harbor craft  of  any  kind,  air  craft  suitable  for  harbor
service,  and  every kind of transportation facility now in use or here-
after designed for use for the transportation or carriage of persons  or
property.
  12.  "Terminal facility" shall include wharves, piers, slips, ferries,
docks, dry docks,  bulkheads,  dock-walls,  basins,  car-floats,  float-
bridges,  grain  or  other  storage elevators, warehouses, cold storage,
tracks, yards, sheds, switches, connections,  overhead  appliances,  and
every  kind  of  terminal  or  storage  facility now in use or hereafter
designed for use for the handling,  storage,  loading  or  unloading  of
freight at steamship, railroad or freight terminals.
  S  105.  Port  authority  of New York and New Jersey.  There is hereby
continued "the port authority of New York and New Jersey" ("port author-
ity"), which shall be a body corporate and politic,  having  the  powers
and  jurisdiction  hereinafter enumerated, and such other and additional
powers as shall be conferred upon it by the legislature of either  state
concurred  in  by  the  legislature  of  the other, or by act or acts of
congress, as hereinafter provided.
  S 106. Port of New York district.  To that end the two states do agree
that there shall be created and they do hereby create a district  to  be
known  as  the  "port  of New York district" (hereinafter referred to as
"the district") which shall embrace the territory bounded and  described
as follows:
  The district is included within the boundary lines located by connect-
ing  points of known latitude and longitude. The approximate courses and
distances of the  lines  enclosing  the  district  are  recited  in  the
description, but the district is determined by drawing lines through the
points  of known latitude and longitude. Beginning at a point A of lati-
tude forty-one degrees and four minutes  north  and  longitude  seventy-
three  degrees and fifty-six minutes west, said point being about sixty-
five-hundredths of a mile west of the westerly bank of the Hudson  river

S. 3353--B                          7

and  about two and one-tenth miles northwest of the pier at Piermont, in
the county of Rockland, state of New York;  thence  due  south  one  and
fifteen-hundredths miles more or less to a point B of latitude forty-one
degrees  and three minutes north and longitude seventy-three degrees and
fifty-six minutes west; said point  being  about  one  and  three-tenths
miles  northwest  of  the  pier  at Piermont, in the county of Rockland,
state of New  York;  thence  south  fifty-six  degrees  and  thirty-four
minutes west six and twenty-six-hundredths miles more or less to a point
C  of  latitude  forty-one  degrees  and  no minutes north and longitude
seventy-four degrees and  two  minutes  west,  said  point  being  about
seven-tenths of a mile north of the railroad station at Westwood, in the
county  of Bergen, state of New Jersey; thence south sixty-eight degrees
and twenty-four minutes west nine and thirty-seven-hundredths miles more
or less to a point D of latitude forty degrees and  fifty-seven  minutes
north  and  longitude seventy-four degrees and twelve minutes west, said
point being about three miles northwest of the business  center  of  the
city  of Paterson, in the county of Passaic, state of New Jersey; thence
south forty-seven degrees and seventeen minutes west eleven and  eighty-
seven-hundredths  miles  more  or  less  to  a point E of latitude forty
degrees and fifty minutes north and longitude seventy-four  degrees  and
twenty-two  minutes  west,  said  point being about four and five-tenths
miles west of the borough of Caldwell, in the county of Morris, state of
New Jersey; thence due south nine and twenty-hundredths  miles  more  or
less  to a point F of latitude forty degrees and forty-two minutes north
and longitude seventy-four degrees and  twenty-two  minutes  west,  said
point  being  about  one and two-tenths miles southwest of the passenger
station of the Delaware, Lackawanna and Western railroad in the city  of
Summit,  in  the  county  of  Union,  state  of New Jersey; thence south
forty-two degrees and twenty-four minutes west, seven and seventy-eight-
hundredths miles more or less to a point G of latitude forty degrees and
thirty-seven minutes north and longitude seventy-four degrees and  twen-
ty-eight  minutes  west, said point being about two and two-tenths miles
west of the business center of the city of Plainfield, in the county  of
Somerset,  state  of New Jersey; thence due south twelve and sixty-five-
hundredths miles more or less on a line passing about one mile  west  of
the  business  center of the city of New Brunswick to a point H of lati-
tude forty degrees and twenty-six minutes north and  longitude  seventy-
four  degrees and twenty-eight minutes west, said point being about four
and five-tenths miles southwest of the city of  New  Brunswick,  in  the
county  of  Middlesex,  state  of New Jersey; thence south seventy-seven
degrees and forty-two minutes east ten and seventy-nine-hundredths miles
more or less to a point I of  latitude  forty  degrees  and  twenty-four
minutes  north  and  longitude  seventy-four degrees and sixteen minutes
west, said point being about two miles southwest of the borough of Mata-
wan, in the county of Middlesex, state of New Jersey;  thence  due  east
twenty-five  and forty-eight-hundredths miles more or less, crossing the
county of Monmouth, state of New Jersey, and passing about one and four-
tenths miles south of the pier of the Central Railroad of New Jersey  at
Atlantic  Highlands  to  a point J of latitude forty degrees and twenty-
four minutes north and longitude seventy-three degrees  and  forty-seven
minutes west, said point being in the Atlantic ocean; thence north elev-
en  degrees  fifty-eight  minutes east twenty-one and sixteen-hundredths
miles more or less to a point K, said point being about five miles  east
of  the  passenger  station  of  the Long Island railroad at Jamaica and
about one and three-tenths miles east of the boundary line of  the  city
of  New  York,  in  the county of Nassau, state of New York; thence in a

S. 3353--B                          8

northeasterly direction passing about one-half mile  west  of  New  Hyde
Park  and  about  one and one-tenth miles east of the shore of Manhasset
bay at Port Washington, crossing Long Island sound to a  point  L,  said
point  being  the point of intersection of the boundary line between the
states of New York and Connecticut and  the  meridian  of  seventy-three
degrees,  thirty-nine  minutes  and  thirty seconds west longitude, said
point being also about a mile northeast of the village of Port  Chester;
thence  northwesterly  along the boundary line between the states of New
York and Connecticut to a point M, said point being the point of  inter-
section  between  said  boundary line between the states of New York and
Connecticut and the parallel of forty-one degrees and four minutes north
latitude, said point also being about four and five-tenths miles  north-
east of the business center of the city of White Plains; thence due west
along  said  parallel, of forty-one degrees and four minutes north lati-
tude, the line passing about two and one-half miles north of  the  busi-
ness center of the city of White Plains and crossing the Hudson river to
the point A, the place of beginning.
  The  boundaries  of  said district may be changed from time to time by
the action of the legislature of either state concurred in by the legis-
lature of the other.
  S 107. Commissioners.  1. The port authority shall consist  of  twelve
commissioners,  six resident voters from the state of New York, at least
four of whom shall be resident voters of the city of New York,  and  six
resident  voters  from  the  state  of New Jersey, at least four of whom
shall be resident voters within the New Jersey portion of the  district,
the  New  York members to be chosen by the state of New York and the New
Jersey members by the state of New Jersey in  the  manner  and  for  the
terms  fixed and determined from time to time by the legislature of each
state respectively, except as provided in this article. Each commission-
er may be removed or suspended from office as provided by the law of the
state from which he or she shall be appointed.
  2. The commissioners shall, for the purpose of doing business, consti-
tute a board and may adopt suitable by-laws for its management.
  3. The port authority shall elect a chair, vice-chair, and may appoint
such officers and employees as it may require for the performance of its
duties, and shall fix and determine their qualifications and duties.
  4. If by death, resignation or otherwise, a vacancy occurs among those
appointed hereunder by the state of New York,  the  governor  is  hereby
authorized to fill the same.
  5.  The  commissioners  appointed from the state of New York, together
with the commissioners appointed from the state  of  New  Jersey,  shall
have power to apply to the congress of the United States for its consent
and  approval  of  the  agreement  or compact signed by them; but in the
absence of such consent of congress and until the same shall  have  been
secured,  the  said agreement or compact shall be binding upon the state
of New York in all respects permitted by law for the two states  of  New
York  and  New Jersey without the consent of congress to co-operate, for
the purposes enumerated in said agreement or compact, and in the  manner
provided in this article.
  S  108.  Power  of  the  port authority.   1. The port authority shall
constitute a body, both corporate  and  politic,  with  full  power  and
authority  to  purchase, construct, lease and/or operate any terminal or
transportation facility within said district; and to  make  charges  for
the use thereof: and for any of such purposes to own, hold, lease and/or
operate  real  or personal property, to borrow money and secure the same
by bonds or by mortgages upon any property held or to be held by it.  No

S. 3353--B                          9

property  now  or hereafter vested in or held by either state, or by any
county, city, borough, village, township or other municipality, shall be
taken by the port authority, without the authority or  consent  of  such
state,  county,  city, borough, village, township or other municipality,
nor shall anything herein impair or invalidate in  any  way  any  bonded
indebtedness  of such state, county, city, borough, village, township or
other municipality, nor impair the  provisions  of  law  regulating  the
payment  into sinking funds of revenues derived from municipal property,
or dedicating the revenues derived from  any  municipal  property  to  a
specific purpose.
  2.  The  powers  granted in this article shall not be exercised by the
port authority until the legislatures of both states shall have approved
of a comprehensive plan for the development of the port  as  hereinafter
provided.
  3.  The port authority shall have such additional powers and duties as
may hereafter be delegated to or imposed upon it from time  to  time  by
the action of the legislature of either state concurred in by the legis-
lature  of the other. Unless and until otherwise provided, it shall make
an annual report to the legislature of both  states,  setting  forth  in
detail  the operations and transactions conducted by it pursuant to this
agreement and any legislation thereunder. The port authority  shall  not
pledge  the  credit  of either state except by and with the authority of
the legislature thereof.
  S 109. Public meetings.  1. The legislature finds  and  declares  that
the  right of the public to be present at meetings of the port authority
of New York and New Jersey, and to witness in full detail all phases  of
the deliberation, policy formulation, and decision making of the author-
ity, is vital to the enhancement and proper functioning of the democrat-
ic  process,  and that secrecy in public affairs undermines the faith of
the public in government and the public's  effectiveness  in  fulfilling
its role in a democratic society; and declares it to be the public poli-
cy  of  this  state to insure the right of its citizens to have adequate
advance notice of and the right to attend all meetings of the  authority
at which any business affecting the public is discussed or acted upon in
any  way  except  only in those circumstances where otherwise the public
interest would be clearly endangered or the personal privacy of  guaran-
teed  rights  of  individuals  would be clearly in danger of unwarranted
invasion.
  2. The board shall adopt and promulgate appropriate  rules  and  regu-
lations  concerning the right of the public to be present at meetings of
the authority. The board may incorporate in its  rules  and  regulations
conditions  under  which  it  may exclude the public from a meeting or a
portion thereof.
  3. Any rules or regulations adopted hereunder shall become a  part  of
the  minutes  of the port authority of New York and New Jersey and shall
be subject to the approval of the governor of New Jersey and the  gover-
nor of New York.
  4. Unless and until otherwise determined by the action of the legisla-
tures  of the two states, no action of the port authority shall be bind-
ing unless taken at a meeting at which at least  three  of  the  members
from  each  state are present, and unless a majority of the members from
each state present at such meeting but in any event at  least  three  of
the  members  from  each  state, shall vote in favor thereof. Each state
reserves the right to provide by law for the exercise of a veto power by
the governor thereof over any action of any commissioner appointed ther-
efrom.

S. 3353--B                         10

  S 110. Minutes of public meetings.  1. The port authority  shall  file
with  the  temporary president and minority leader of the senate and the
speaker and minority leader of the assembly, the chairman of the  assem-
bly  ways  and  means  committee  and the chairman of the senate finance
committee  of  the  state of New York and the president, minority leader
and secretary of the senate and the speaker, minority leader  and  clerk
of the general assembly of the state of New Jersey a copy of the minutes
of  any  action  taken at any public meeting of the port authority. Such
filing shall be made on the same day such minutes are transmitted to the
governor of each state for review; and notice of such  filing  shall  be
provided  to  the  governor  of  each state at the same time. Failure to
effectuate any such filing shall not impair the ability of the authority
to act pursuant to a resolution of its  board.  Such  filing  shall  not
apply  to any minutes required to be filed pursuant to section twenty of
chapter six hundred fifty-one of the laws of nineteen  hundred  seventy-
eight and continued by article XXVIII of this chapter.
  2.  The  temporary  president  and  minority leader of the senate, the
speaker and minority leader of the assembly, the chairman of the  assem-
bly  ways  and  means  committee  and the chairman of the senate finance
committee of the state of New York and the speaker and  minority  leader
of the general assembly and the president and the minority leader of the
senate of the state of New Jersey, or representatives designated by them
in writing for this purpose, may by certificate filed with the secretary
of  the  port  authority  waive  the  foregoing  filing requirement with
respect to any specific minutes.
  S 111. Jurisdiction.  Unless and until otherwise  provided,  all  laws
now  or  hereafter vesting jurisdiction or control in the public service
commission, or the public utilities commission,  or  like  body,  within
each state respectively, shall apply to railroads and to any transporta-
tion,  terminal or other facility owned, operated, leased or constructed
by the port authority, with the same force and effect as if  such  rail-
road,  or transportation, terminal or other facility were owned, leased,
operated or constructed by a private corporation.
  S 112. Powers of  municipalities  to  develop  or  improve.    Nothing
contained  in this agreement shall impair the powers of any municipality
to develop or improve port and terminal facilities.
  S 113. Comprehensive development.   1. The  legislatures  of  the  two
states, prior to the signing of this agreement, or thereafter as soon as
may  be  practicable,  will  adopt a plan or plans for the comprehensive
development of the port of New York.
  2. The port authority shall from time  to  time  make  plans  for  the
development  of the port of New York district, supplementary to or amen-
datory of any plan theretofore adopted, and when  such  plans  are  duly
approved  by  the  legislatures of the two states, they shall be binding
upon both states with the same force and effect as  if  incorporated  in
this chapter.
  3.  The port authority may petition any interstate commerce commission
(or like body), commissioner of transportation, public utilities commis-
sion (or like body), or any other federal,  municipal,  state  or  local
authority,  administrative, judicial or legislative, having jurisdiction
in the premises,  after  the  adoption  of  the  comprehensive  plan  as
provided  for  in  subdivision one of this section, for the adoption and
execution of any physical improvement, change in method, rate of  trans-
portation,  system of handling freight, warehousing, docking, lightering
or transfer of freight, which, in the opinion of the port authority, may
be designed to improve or better the handling of commerce in and through

S. 3353--B                         11

the port of New York district, or improve  terminal  and  transportation
facilities  therein.  It  may  intervene in any proceeding affecting the
commerce of the port.
  S 114. Recommendations.  The port authority may from time to time make
recommendations to the legislatures of the two states or to the congress
of  the  United  States,  based  upon study and analysis, for the better
conduct of the commerce passing in and through the port of New York, the
increase and improvement of transportation and terminal facilities ther-
ein, and the more economical and expeditious handling of such commerce.
  S 115. Expense of operations.  1. Unless and until the  revenues  from
operations  conducted  by  the  port  authority are adequate to meet all
expenditures, the legislatures of the two states shall  appropriate,  in
equal  amounts, annually, for the salaries, office and other administra-
tive expenses, such sum or sums as shall  be  recommended  by  the  port
authority  and  approved  by  the  governors of the two states, but each
state obligates itself hereunder only to the extent of one hundred thou-
sand dollars in any one year.
  2. Unless and until otherwise determined by the action of the legisla-
tures of the two states, the port authority shall not  incur  any  obli-
gations  for  salaries,  office or other administrative expenses, within
the provisions of subdivision one of this section, prior to  the  making
of appropriations adequate to meet the same.
  S  116.  Records  of  the  port  authority.    1.  Notwithstanding any
provision to the contrary, the records of the port  authority  shall  be
open  to  the public in accordance with the laws of New York, articles 6
and 6-A of the public officers law, and New Jersey, P.L. 1963, c. 73 (C.
47:1A-1 et seq.), pertaining to the disclosure of government records.
  2. When there is an inconsistency between the law of the state of  New
York  and  the law of the state of New Jersey, the law of the state that
provided the greatest rights of access on the date that the  chapter  of
the laws of 2015 that added this section became a law shall apply.
  3. The provisions of article 78 of the civil practice law and rules of
the  state  of New York or P.L. 1963, c. 73 (C. 47:1A-1 et seq.), of the
laws of New Jersey, as applicable, shall apply to enforce the provisions
of this article.
  S 117. Port authority as an agency.   Notwithstanding any law  to  the
contrary,  the port authority shall be deemed an "agency" and treated as
such under the laws of New York, for all purposes under articles six and
six-A of the public officers law, and shall be deemed a "public  agency"
and  treated  as  such  under New Jersey, P.L. 1963, c. 73 (C.47:1A-1 et
seq.), pertaining to the disclosure of government records.
  S 118. Notice of claim.  Notwithstanding any other provision of law to
the contrary, every action against the authority for damages or injuries
to real or personal property, or for the  destruction  thereof,  or  for
personal  injuries  or  wrongful  death  shall not be commenced unless a
notice of claim shall have been served on the authority  in  the  manner
provided  for in the state where the action is commenced, and in compli-
ance with the pertinent statutes of  the  state  relating  generally  to
actions  commenced  against  that  state  and in compliance with all the
requirements of the laws of that state. Where such state's  law  permits
service  upon  a  department  of  that state in lieu of service upon the
public entity, service may be made pursuant to such law.  Except  in  an
action  for wrongful death against such an entity, an action for damages
or for injuries to real or personal property,  or  for  the  destruction
thereof, or for personal injuries, alleged to have been sustained, shall
not  be  commenced more than one year and ninety days after the cause of

S. 3353--B                         12

action therefor shall have accrued or within the time  period  otherwise
prescribed  by  any special provision of law of that state, whichever is
longer.
  S  119.  Regulations.    1. The port authority is hereby authorized to
make suitable rules and regulations not inconsistent with the  constitu-
tion  of  the United States or of either state, and subject to the exer-
cise of the power of congress, for the improvement  of  the  conduct  of
navigation  and  commerce, which, when concurred in or authorized by the
legislatures of both states, shall be binding  and  effective  upon  all
persons and corporations affected thereby.
  2. The two states shall provide penalties for violations of any order,
rule  or regulation of the port authority, and for the manner of enforc-
ing the same.
                               ARTICLE II
                   DEVELOPMENT OF THE PORT OF NEW YORK
Section 201. Development of the port of New York.
        202. Investigations.
        203. Hearings.
        204. Orders.
        205. Terminal stations.
        206. Preference.
  S 201. Development of the port of New York.  1. Pursuant  to  subdivi-
sion  two  of section one hundred eight of this chapter the following be
and is hereby adopted as the comprehensive plan for the  development  of
the port of New York:
  (a)  That  terminal  operations  within  the  port district, so far as
economically practicable, should be unified;
  (b) That there should be consolidation of shipments at proper  classi-
fication  points  so  as to eliminate duplication of effort, inefficient
loading of equipment and realize reduction in expenses;
  (c) That there should be the most direct routing of all commodities so
as to avoid centers of congestion, conflicting currents and long  truck-
hauls;
  (d)  That  terminal  stations established under the comprehensive plan
should be union stations, so far as practicable;
  (e) That the process of coordinating facilities should so far as prac-
ticable adapt existing facilities as integral parts of the  new  system,
so  as  to avoid needless destruction of existing capital investment and
reduce so far as may be possible the requirements for new  capital;  and
endeavor  should  be  made to obtain the consent of local municipalities
within the port district for  the  coordination  of  their  present  and
contemplated port and terminal facilities with the whole plan.
  (f)  That  freight  from all railroads must be brought to all parts of
the port wherever practicable  without  cars  breaking  bulk,  and  this
necessitates  tunnel  connection between New Jersey and Long Island, and
tunnel or bridge connections between other parts of the port;
  (g) That there should be urged upon the federal  authorities  improve-
ment  of  channels  so  as  to  give  access for that type of waterborne
commerce adapted to the various forms of development which  the  respec-
tive  shorefronts  and  adjacent lands of the port would best lend them-
selves to;
  (h) That highways for motor truck traffic should be laid out so as  to
permit  the  most  efficient inter-relation between terminals, piers and
industrial establishments not equipped with railroad sidings and for the
distribution of building materials and many other commodities which must

S. 3353--B                         13

be handled by  trucks;  these  highways  to  connect  with  existing  or
projected bridges, tunnels and ferries.
  (i)  That  definite  methods for prompt relief should be devised which
can be applied for the better coordination  and  operation  of  existing
facilities while larger and more comprehensive plans for future develop-
ment are being carried out.
  2.  The bridges, tunnels and belt lines forming the comprehensive plan
are generally and in outline indicated on maps filed by the port of  New
York  authority  in  the offices of the secretaries of the states of New
York and New Jersey and are hereinafter described in outline.
  3. (a) A tunnel or tunnels connecting the New  Jersey  shore  and  the
Brooklyn  shore  of  New York to provide through line connection between
the transcontinental railroads now having their terminals in New  Jersey
with  the  Long  Island railroad and the New York connecting railroad on
Long Island and with the New York Central and Hudson River railroad  and
the  New  York,  New  Haven  and  Hartford railroad in the Bronx, and to
provide continuous transportation of freight between the Queens,  Brook-
lyn and Bronx sections of the port to and from all parts of the westerly
section of the port, for all of the transcontinental railroads.
  (b) A bridge and/or tunnel across or under the Arthur kill, and/or the
existing bridge enlarged, to provide direct freight carriage between New
Jersey and Staten Island.
  (c) The location of all such tunnels or bridges to be at the shortest,
most  accessible  and most economical points practicable, taking account
of existing facilities now located within the port district and  provid-
ing  for  and taking account of all reasonably foreseeable future growth
in all parts of the district.
  4. The island of Manhattan to be connected with New Jersey  by  bridge
or  tunnel,  or  both,  and freight destined to and from Manhattan to be
carried underground, so far as practicable, by  such  system,  automatic
electric as hereinafter described or otherwise, as will furnish the most
expeditious, economical and practicable transportation of freight, espe-
cially  meat,  produce,  milk and other commodities comprising the daily
needs of the people. Suitable markets, union  inland  terminal  stations
and warehouses to be laid out at points most convenient to the homes and
industries upon the island, the said system to be connected with all the
trans-continental railroads terminating in New Jersey and by appropriate
connection  with the New York Central and Hudson River railroad, the New
York, New Haven and Hartford and the Long Island railroads.
  5. The numbers hereinafter used correspond with the numbers which have
been placed on the map of the comprehensive plan to identify the various
belt lines and marginal railroads.
  (a) Number 1. Middle belt line. Connects New Jersey and Staten  Island
and  the  railroads  on  the  westerly  side  of the port with Brooklyn,
Queens, the Bronx and the railroads on the easterly side  of  the  port.
Connects  with  the New York Central railroad in the Bronx; with the New
York, New Haven and Hartford railroad in the Bronx; with the Long Island
railroad in Queens and Brooklyn; with the Baltimore  and  Ohio  railroad
near  Elizabethport  and  in  Staten  Island;  with the Central Railroad
Company of New Jersey at Elizabethport  and  at  points  in  Newark  and
Jersey  City;  with the Pennsylvania railroad in Newark and Jersey City;
with the Lehigh Valley railroad in Newark  and  Jersey  City;  with  the
Delaware,  Lackawanna and Western railroad in Jersey City and the Secau-
cus meadows; with the Erie railroad in  Jersey  City  and  the  Secaucus
meadows;  with  the  New  York,  Susquehanna  and Western, the New York,

S. 3353--B                         14

Ontario and Western and the West Shore railroads on the westerly side of
the Palisades above the Weehawken tunnel.
  The  route  of the middle belt line as shown on said map is in general
as follows: Commencing at the Hudson river  at  Spuyten  Duyvil  running
easterly  and  southerly generally along the easterly side of the Harlem
river, utilizing existing lines so far as practicable and improving  and
adding  where  necessary,  to a connection with Hell Gate bridge and the
New Haven railroad, a distance  of  approximately  seven  miles;  thence
continuing  in  a  general southerly direction, utilizing existing lines
and improving and adding where necessary, to a point near Bay  Ridge,  a
distance  of  approximately eighteen and one-half miles; thence by a new
tunnel under New York bay in a northwesterly direction to  a  portal  in
Jersey  City  or  Bayonne,  a distance of approximately five miles, to a
connection with the tracks of the Pennsylvania and Lehigh  Valley  rail-
roads; thence in a generally northerly direction along the easterly side
of Newark bay and the Hackensack river at the westerly foot of the Pali-
sades,  utilizing  existing tracks and improving and adding where neces-
sary, making connections with the Jersey Central,  Pennsylvania,  Lehigh
Valley,  Delaware,  Lackawanna  and Western, Erie, New York, Susquehanna
and Western, New York, Ontario and Western, and West Shore railroads,  a
distance of approximately ten miles. From the westerly portal of the Bay
tunnel  and  from  the line along the easterly side of Newark bay by the
bridges of the Central railroad of New Jersey (crossing  the  Hackensack
and  Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads
(crossing Newark bay) to the line of the central railroad of New  Jersey
running along the westerly side of Newark bay and thence southerly along
this  line to a connection with the Baltimore and Ohio railroad south of
Elizabethport, utilizing  existing  lines  so  far  as  practicable  and
improving and adding where necessary, a distance of approximately twelve
miles; thence in an easterly direction crossing the Arthur kill, utiliz-
ing  existing lines so far as practicable and improving and adding where
necessary, along the northerly and easterly shores of Staten  Island  to
the  new city piers and to a connection, if the city of New York consent
thereto, with the tunnel under the  Narrows  to  Brooklyn  provided  for
under  chapter  seven  hundred  of the laws of the state of New York for
nineteen hundred and twenty-one.
  (b) Number 2. A marginal railroad to the  Bronx  extending  along  the
shore of the East river and Westchester creek connecting with the middle
belt  line  (number  one), and with the New York, New Haven and Hartford
railroad in the vicinity of Westchester.
  (c) Number 3. A marginal railroad in  Queens  and  Brooklyn  extending
along  Flushing  creek,  Flushing  bay, the East river and the upper New
York bay.  Connects with the middle belt line  (number  one),  by  lines
number  four,  number five, number six and directly at the southerly end
at Bay Ridge.  Existing lines to be utilized and improved and  added  to
and new lines built where lines do not now exist.
  (d)  Number  4.  An  existing  line  to be improved and added to where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three near its northeasterly end.
  (e) Number 5. An existing line to  be  improved  and  added  to  where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three in Long Island City.
  (f)  Number  6.  Connects  the middle belt line (number one), with the
marginal railroad number three in the Greenpoint  section  of  Brooklyn.
The existing portion to be improved and added to where necessary.

S. 3353--B                         15

  (g)  Number  7.  A  marginal  railroad  surrounding  the northerly and
westerly shores of Jamaica bay. A new line.  Connects  with  the  middle
belt line (number one).
  (h)  Number  8.  An  existing  line, to be improved and added to where
necessary. Extends along  the  southeasterly  shore  of  Staten  Island.
Connects with middle belt line (number one).
  (i)  Number  9. A marginal railroad extending along the westerly shore
of Staten Island and a branch connection  with  number  eight.  Connects
with the middle belt line (number one), and with a branch from the outer
belt line (number fifteen).
  (j) Number 10. A line made up mainly of existing lines, to be improved
and added to where necessary. Connects with the middle belt line (number
one) by way of marginal railroad number eleven. Extends along the south-
erly shore of Raritan bay and through the territory south of the Raritan
river reaching New Brunswick.
  (k)  Number  11.  A marginal railroad extending from a connection with
the proposed outer belt line (number fifteen) near New  Brunswick  along
the northerly shore of the Raritan river to Perth Amboy, thence norther-
ly  along  the westerly side of the Arthur kill to a connection with the
middle belt line (number one) south of  Elizabethport.  The  portion  of
this line which exists to be improved and added to where necessary.
  (l)  Number 12. A marginal railroad extending along the easterly shore
of Newark bay and the Hackensack river and connects with the middle belt
line (number one). A new line.
  (m) Number 13. A marginal railroad extending along the  westerly  side
of the Hudson river and the Upper New York bay. Made up mainly of exist-
ing  lines----the  Erie  Terminals,  Jersey Junction, Hoboken Shore, and
National Docks railroads. To be improved and added to  where  necessary.
To be connected with middle belt line (number one).
  (n)  Number  14.  A  marginal railroad connecting with the middle belt
line (number one), and extending through  the  Hackensack  and  Secaucus
meadows.
  (o)  Number  15.  An  outer  belt  line, extending around the westerly
limits of the port district  beyond  the  congested  section.  Northerly
terminus on the Hudson river at Piermont. Connects by marginal railroads
at the southerly end with the harbor waters below the congested section.
By spurs connects with the middle belt line (number one) on the westerly
shore of Newark bay and with the marginal railroad on the westerly shore
of Staten Island (number nine).
  (p)  Number  16.  The  automatic electric system for serving Manhattan
Island.  Its yards to connect with the middle belt line and with all the
railroads of the port district. A standard  gauge  underground  railroad
deep  enough  in  Manhattan  to  permit  of  two levels of rapid transit
subways to pass over it. Standard railroad cars to be brought through to
Manhattan terminals for perishables and food  products  in  refrigerator
cars.  Cars with merchandise freight to be stopped at its yards. Freight
from  standard cars to be transferred onto wheeled containers, thence to
special electrically propelled cars which will  bear  it  to  Manhattan.
Freight  to  be  kept on wheels between the door of the standard freight
car at the transfer point and the tail board of the truck at the Manhat-
tan terminal or the store door as may  be  elected  by  the  shipper  or
consignee, eliminating extra handling.
  Union  terminal stations to be located on Manhattan in zones as far as
practicable of equal trucking distance, as to pickups and deliveries, to
be served by this system. Terminals to contain storage space  and  space

S. 3353--B                         16

for  other facilities. The system to bring all the railroads of the port
to Manhattan.
  6.  The  determination  of the exact location, system and character of
each of the said tunnels, bridges, belt lines,  approaches,  classifica-
tion yards, warehouses, terminals or other improvements shall be made by
the  port  authority  after  public  hearings  and further study, but in
general the location thereof shall be as indicated upon said map, and as
herein described.
  7. The right to add to, modify or change any  part  of  the  foregoing
comprehensive  plan  is  reserved by each state, with the concurrence of
the other.
  8. The port of New York authority is hereby authorized and directed to
proceed with the development of the port of New York in accordance  with
said  comprehensive  plan  as rapidly as may be economically practicable
and is hereby vested with  all  necessary  and  appropriate  powers  not
inconsistent  with  the  constitution  of the United States or of either
state, to effectuate the same, except the power to levy taxes or assess-
ments. It shall request the congress of the United States to  make  such
appropriations  for  deepening  and  widening  channels and to make such
grants of power as will enable the said plan to be effectuated. It shall
have power to apply to all federal agencies,  including  the  interstate
commerce  commission, the war department, and the United States shipping
board, for suitable assistance in carrying out said plan. It shall coop-
erate with the state highway commissioners of each state so  that  trunk
line  highways as and when laid out by each state shall fit in with said
comprehensive plan. It shall render such advice, suggestion and  assist-
ance  to  all municipal officials as will permit all local and municipal
port and harbor improvements, so far as practicable, to fit in with said
plan. All municipalities within the district are hereby  authorized  and
empowered  to cooperate in the effectuation of said plan, and are hereby
vested with such powers as may be appropriate or necessary so to cooper-
ate. The bonds or other securities issued by the port authority shall at
all times be free from taxation by either state.    The  port  authority
shall  be regarded as the municipal corporate instrumentality of the two
states for the purpose of  developing  the  port  and  effectuating  the
pledge  of the states in the said compact, but it shall have no power to
pledge the credit of either state  or  to  impose  any  obligation  upon
either state, or upon any municipality, except as and when such power is
expressly granted by statute, or the consent by any such municipality is
given.
  S  202. Investigations.  1. (a) To facilitate the determination of the
economic practicability of any step in the comprehensive plan, or of any
other fact  or  matter  which  the  port  authority  is  authorized  and
empowered  to decide or determine, the port authority may conduct inves-
tigations, inquiries or hearings at such place or  places  and  at  such
times  as  it shall appoint.  Such investigations, inquiries or hearings
may be held by or before one or more of the commissioners  of  the  port
authority, or by or before any person or persons appointed as its repre-
sentative, and when ratified, approved or confirmed by the port authori-
ty on its action shall be and be deemed to be the investigation, inquiry
or hearing of the port authority.
  (b) For the purpose of such investigations, inquiries or hearings, and
of  such  other action or powers as the port authority may be authorized
or empowered to take or exercise, it shall have jurisdiction of any  and
all  persons,  associations,  or corporations, residing in, or acting or

S. 3353--B                         17

existing under or by virtue of the laws of, or owning property or coming
within this state.
  2. The port authority shall have the power to compel the attendance of
witnesses  and  the  production of any papers, books or other documents,
and to administer oaths to all witnesses who may be  called  before  it.
Subpoenas issued by the port authority shall be signed by a commissioner
or  by the secretary of the port authority. No witness subpoenaed at the
instance of parties other than the port authority shall be  entitled  to
compensation  therefrom  for  attendance or travel, but the cost thereof
shall be borne by the party at whose instance the witness  is  summoned,
unless the port authority otherwise orders. A subpoena issued under this
section  shall  be  regulated by the civil practice law and rules of the
state of New York.
  S 203. Hearings.  1. All hearings before the port authority, including
the taking of testimony, shall be governed by rules to  be  adopted  and
prescribed by it.
  2. In any investigation, inquiry or hearing before the port authority,
a  commissioner  or  an officer conducting the investigation, inquiry or
hearing may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law of the state of New York.
  3. No commissioner or employee of the port authority shall be required
to give testimony in any civil suit to which the port authority is not a
party with regard to information obtained by him in the discharge of his
or her official duty.
  S 204. Orders.  1. Every order of the port authority shall  be  served
upon  every  person,  association or corporation to be affected thereby,
either by personal delivery of a certified copy thereof, or by mailing a
certified copy thereof, in a sealed package with postage prepaid, to the
person to be affected thereby; or in the case of a  corporation  to  any
officer  or  agent  thereof  upon whom a summons might be served, either
within or without the state, in accordance with law.  It  shall  be  the
duty  of  every  person,  association or corporation, to notify the port
authority forthwith, in writing, of the receipt of the certified copy of
every order so served, and in the case of a corporation  such  notifica-
tion must be signed and acknowledged by a person or officer duly author-
ized  by  the corporation to admit such service. Within a time specified
in the order of the port authority, such person, association  or  corpo-
ration, upon whom it is served, must, if so required in the order, noti-
fy  the port authority in like manner whether the terms of the order are
accepted and will be obeyed. Every order of  the  port  authority  shall
take  effect  at  a  time  therein specified and shall continue in force
either for a period which may be designated therein, or until changed or
abrogated by the port authority, unless such order  be  unauthorized  by
law, or be in violation of a provision of the constitution of the state,
or of the United States.
  2. No order staying or suspending an order of the port authority shall
be  made  by any court otherwise than upon notice and after hearing, and
if the order of the port authority is suspended,  the  order  suspending
the  same shall contain a specific finding based upon evidence submitted
to the court and identified by reference thereto that great and irrepar-
able damage would otherwise result to the petitioner and specifying  the
nature of the damage.
  3.  (a)  Whenever  the port authority shall be of the opinion that any
person, association or corporation subject to its jurisdiction is  fail-
ing  or omitting, or about to fail or omit to do anything required of it
by the laws governing the development and regulation of the port of  New

S. 3353--B                         18

York,  or  by  its  order,  or  is  doing or is about to do anything, or
permitting, or about to permit anything to be done contrary  to,  or  in
violation  of,  such  law or orders, it shall direct its legal represen-
tative  to  commence  an  action  or  proceeding in the name of the port
authority, in an appropriate court having jurisdiction, for the  purpose
of  having  such  violations,  or  threatened  violations,  stopped  and
prevented either by mandamus or injunction. Such an action or proceeding
may be brought in the supreme court of this state, and  the  said  court
shall  have  and is hereby given the necessary and appropriate jurisdic-
tion to grant mandamus or injunction, as the case may  require,  or  any
other relief appropriate to the case.
  (b)  Failure  of such person, association or corporation to notify the
port authority, as required in the preceding section, of its  acceptance
of  and willingness to obey any order of the port authority shall be and
be deemed to be prima facie  proof  that  such  person,  association  or
corporation  is  guilty  of such violation, or threatened violation. The
legal representative of the port authority shall begin  such  action  or
proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
violation complained of and praying for appropriate  relief  by  way  of
mandamus  or  injunction. If the petition is directed to a court of this
state, it shall thereupon be the duty of the court to specify the  time,
not  exceeding  twenty days after the service of a copy of the petition,
within which the person, association or corporation complained  of  must
answer  the petition. In case of default in answer, or after answer, the
court shall immediately inquire into the  facts  and  circumstances,  in
such manner as the court shall direct, without other or formal pleadings
and  without  respect  to any technical requirement. Such other persons,
associations or corporations as the court shall deem necessary or proper
to join as parties, in order to make its order, judgment or writs effec-
tive, may be joined as parties upon application of the  legal  represen-
tative  of  the port authority. The final judgment in any such action or
proceeding shall either dismiss the action or proceeding, or direct that
a writ of mandamus, or an injunction, or both, issue as  prayed  for  in
the  petition, or in such modified or other form as the court may deter-
mine will afford the appropriate relief.
  4. (a) Whenever the port authority, after opportunity to  the  parties
affected or to be affected thereby to be heard, shall determine any fact
or  matter  which  it  is authorized by any law to hear or determine, or
that any step in the effectuation of the comprehensive plan is or in the
near future will be economically practicable, it shall make its findings
in writing, setting forth its reasons therefor, and such findings  shall
be  and be deemed to be a determination by the port authority, under and
pursuant to law. Upon such determination an  appropriate  order  may  be
entered  by the port authority and be made effective and may be enforced
as herein provided.
  (b) If such findings or determination shall require the use of  exist-
ing  facilities or any part thereof described in the law, owned or oper-
ated by any carrier or carriers, then the port authority may  order  and
require the carrier or carriers owning or operating said railroad facil-
ities or part thereof to permit the use of such facilities or part ther-
eof upon the payment of reasonable compensation therefor. If the carrier
or  carriers affected or to be affected by such order shall not be able,
within the time to be specified in its order by the port  authority,  to
agree  among  themselves upon the compensation to be paid by a user to a
proprietor or operator for the use of such existing facilities  or  part
thereof,  then the port authority shall make determination of the amount

S. 3353--B                         19

to be paid by the user to the proprietary carrier  or  carriers,  taking
all  the  facts and circumstances into account, including the public use
to which such facilities have been put; or,  at  its  option,  the  port
authority  may  apply  to  the  supreme court of this state, either in a
separate proceeding or in  proceedings  by  mandamus  or  injunction  to
enforce  its order, to fix and determine the fair and reasonable compen-
sation to be paid by the user to the proprietary carrier or carriers for
such use. If any carrier shall be dissatisfied with the findings of  the
port  authority in the matter of the compensation to be paid for the use
of any existing facility, it shall have the right to review the same  in
the  supreme  court  of this state by taking appropriate proceedings for
such review within sixty days from the service of the order of the  port
authority, but pending such review the order for the use of such facili-
ties  shall  be  operative, the determination of the compensation by the
court to relate back to the time  of  the  commencement  of  such  user,
unless  the court shall for good and proper reasons enjoin the operation
of such order.
  S 205. Terminal stations.  If, in the determination of steps to effec-
tuate the comprehensive plan, the port authority  shall  determine  that
one  or  more  union  terminal stations are then, or in the near future,
economically practicable, it shall call a conference of all the carriers
affected or to be affected by the  use  of  such  terminal  stations  or
station  and  shall submit to them a plan or plans for the construction,
maintenance and use thereof.  If the carriers or any of them shall  fail
or  refuse  to  agree  upon such plan, the port authority shall make and
certify its findings and conclusions to the supreme court of this state,
and the said court is vested with appropriate and adequate  jurisdiction
to  determine  whether  or not such plan or plans for a union station or
stations effectuate the comprehensive plan, and to make such  conditions
and  impose such terms as will carry out the same in accordance with the
principles embraced in the comprehensive plan and the laws governing the
same.
  S 206. Preference.   All actions and proceedings  to  which  the  port
authority may be a party and in which any question arises under the laws
relating to the port authority, or under or concerning any of its orders
or  actions,  shall  be  preferred  over  all other civil causes, except
election causes, in all courts of this state  and  shall  be  heard  and
determined  in  preference  to all other civil business pending therein,
except election causes, irrespective of position on  the  calendar.  The
same preference shall be granted upon application of the legal represen-
tative of the port authority, in any action or proceeding in which he or
she may be allowed to intervene.
                               ARTICLE III
             BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY

Section 301. Legislative intent.
        302. Tunnels.
        303. Bridges.
        304. Studies and reporting.
        305. Inspections.
        306. Construction, maintenance and operation.
        307. Rules and regulations relating to tunnels and bridges.
        308. Bonds.
        309. Compact.
  S  301.  Legislative  intent.   The state of New Jersey by appropriate
legislation concurring herein, the states of New  York  and  New  Jersey

S. 3353--B                         20

hereby  declare  and  agree that the vehicular traffic moving across the
interstate waters within the port of New York district, created  by  the
compact  of  April thirty, nineteen hundred twenty-one, between the said
states,  which  said  phrase "interstate waters" as used in this article
shall include the portion of the Hudson river within the  said  port  of
New  York  district  north  of  the New Jersey state line, constitutes a
general movement of traffic which follows the most accessible and  prac-
ticable  routes,  and  that  the  users of each bridge or tunnel over or
under the said waters benefit by the existence of every other bridge  or
tunnel  since  all  such  bridges  and tunnels as a group facilitate the
movement of such traffic and relieve congestion at each of  the  several
bridges  and tunnels.   Accordingly the two said states, in the interest
of the users of such bridges and tunnels and the general public,  hereby
agree  that  the construction, maintenance, operation and control of all
such bridges and tunnels, heretofore or hereafter authorized by the  two
said  states, shall be unified under the port authority, to the end that
the tolls and other revenues therefrom shall be applied so far as  prac-
ticable  to  the costs of the construction, maintenance and operation of
said bridges and tunnels as a group and economies in operation effected,
it being the policy of the two said states that such bridges and tunnels
shall as a group be in all respects self-sustaining.
  S 302. Tunnels. 1.  In furtherance of the policy stated in section 301
of this article, and in partial effectuation of the  comprehensive  plan
adopted  by  the two said states for the development of the said port of
New York district pursuant to  this  chapter,  the  control,  operation,
tolls  and  other revenues of the vehicular tunnel, known as the Holland
tunnel, under the Hudson river between the city of Jersey City  and  the
city  of  New York, shall be vested in the port authority as hereinafter
provided; and the port authority is hereby authorized and  empowered  to
construct,  own,  maintain  and operate an interstate vehicular crossing
under the Hudson river to consist of three tubes (hereinafter called the
Midtown Hudson  tunnel),  together  with  such  approaches  thereto  and
connections  with  highways  as the port authority may deem necessary or
desirable.
  2. The entrances, exits and approaches  to  the  said  Midtown  Hudson
tunnel,  on the New York side, shall be between West Thirty-fifth street
and West Forty-first street and in the vicinity of Ninth avenue  and  to
the  west  thereof,  in  the borough of Manhattan, city of New York. The
approaches to the said Midtown Hudson tunnel  on  the  New  Jersey  side
shall  be so located and constructed as to permit tunnel traffic to pass
over or under the tracks of the New York, Susquehanna and Western  Rail-
road Company and the Northern Railroad Company of New Jersey, immediate-
ly west of the Palisades, without crossing the said tracks at grade, and
as  to  permit  connections  with New Jersey state highway routes in the
vicinity of the said tracks. The said Midtown Hudson tunnel  shall  have
an appropriate entrance and exit in the township of Weehawken, county of
Hudson, state of New Jersey.
  3.  The  control,  operation,  tolls  and  other  revenues of the said
Holland tunnel and its entrance and exit plazas  and  of  all  real  and
personal  property  appurtenant thereto or used in connection therewith,
shall vest in the port  authority  upon  the  making  of  the  following
payments by the port authority to each of the said two states:
  (a) An amount equal to the moneys contributed by such state toward the
cost  of  construction of the said Holland tunnel, with interest thereon
at the rate of four and one-quarter per centum per annum from  the  date

S. 3353--B                         21

or dates on which such moneys were contributed by such state to the date
of the payment to such state;
  (b)  Less, however, the share of such state in the net revenues of the
said tunnel to the date of the said payment, and less interest  on  such
net  revenues  at  the rate of four and one-quarter per centum per annum
from the dates on which the said net  revenues  were  received  by  such
state to the date of the said payment;
  (c)  And  in the case of the payment to the state of New York, less an
amount equal to the moneys which the said state has agreed to advance to
the port authority (but which have not as yet been advanced to the  port
authority)  in  aid  of  bridge  construction,  during  the fiscal years
commencing in nineteen hundred thirty-one and nineteen  hundred  thirty-
two,  pursuant to chapter seven hundred and sixty-one of the laws of New
York of nineteen hundred twenty-six and chapter  three  hundred  of  the
laws  of  New  York of nineteen hundred twenty-seven and acts amendatory
thereof and supplemental thereto, discounted, however, in  the  case  of
each  advance  at the rate of four and one-quarter per centum per annum,
from the date of the said payment to the state of New York to  the  date
upon  which  such  advance  is to be available pursuant to the aforesaid
statutes.
  In computing interest as aforesaid upon the moneys contributed by each
of the said two states toward the  cost  of  construction  of  the  said
Holland  tunnel, such moneys shall be deemed to have been contributed by
such state upon the first day of the month following  the  month  during
which  there  were  presented to the comptroller of such state for audit
and payment, the schedules and vouchers pursuant to  which  such  moneys
were  paid.  In  computing  interest  as aforesaid upon the net revenues
received by each of the said two states,  such  net  revenues  shall  be
deemed  to  have  been  received  by  such state upon the date when such
revenues were credited to such state or to the commission of such  state
pursuant  to  paragraph  eleven  of  article  fourteen of the compact of
December thirty, nineteen hundred nineteen, between the two said states.
  4. If the amount paid by the port authority to the state of New Jersey
pursuant to subdivision three of this section  shall  be  less  than  an
amount  which,  together with the moneys then in the sinking fund estab-
lished by chapter three hundred and fifty-two of the laws of New  Jersey
of  nineteen hundred twenty and chapter two hundred and sixty-two of the
laws of New Jersey of nineteen hundred twenty-four,  hereinafter  called
the  New  Jersey  Camden  bridge-Holland tunnel sinking fund (other than
moneys set apart to pay interest for the  then  current  year  upon  the
bonds of the state of New Jersey authorized by the aforesaid acts of the
state of New Jersey, hereinafter called New Jersey Camden bridge-Holland
tunnel  bonds),  will  be  equal  to  the  principal  amount of the then
outstanding New Jersey Camden bridge-Holland tunnel bonds, then  and  in
such event, the port authority shall in addition pay to the state of New
Jersey an amount which, together with the amount paid under and pursuant
to  the  preceding section hereof and the moneys then in said New Jersey
Camden bridge-Holland tunnel sinking fund, will be equal to the  princi-
pal  amount  of  the  then  outstanding New Jersey Camden bridge-Holland
tunnel bonds; and shall, moreover, pay to the state of New York  a  like
amount.
  5.  The  amount payable by the port authority to the state of New York
pursuant to subdivisions three and four of this section shall be paid by
the port authority into the treasury of the state of New York  upon  the
thirtieth  day  of  June,  nineteen hundred thirty-one, or at an earlier
date at the option of the port authority on five  days'  notice  to  the

S. 3353--B                         22

comptroller  of the state of New York, upon a voucher signed and audited
by the said comptroller, who is hereby authorized to consummate the said
transaction.
  6. The amount payable by the port authority to the state of New Jersey
pursuant to subdivisions three and four of this section shall be paid by
the  port authority to the sinking fund commission created by said chap-
ter three hundred and fifty-two of the laws of New  Jersey  of  nineteen
hundred twenty and said chapter two hundred and sixty-two of the laws of
New  Jersey  of nineteen hundred twenty-four, hereinafter called the New
Jersey Camden bridge-Holland tunnel sinking  fund  commission  upon  the
thirtieth  day  of June, nineteen hundred thirty-one, or such other date
as may be agreed upon by the said sinking fund commission and  the  port
authority,  upon  a  voucher signed and audited by the said sinking fund
commission, which said commission is  hereby  authorized  to  consummate
said transaction; and the said moneys shall be deposited in the said New
Jersey  Camden  bridge-Holland  tunnel  sinking  fund, and shall for all
purposes be deemed to be a part thereof and subject to the appropriation
of the moneys in the said sinking fund, made by the  aforesaid  statutes
of the state of New Jersey.
  7.  The  income and interest received from or accruing upon the moneys
in the aforesaid New Jersey Camden bridge-Holland tunnel  sinking  fund,
and from the investment thereof, shall be set apart and held by the said
New  Jersey Camden bridge-Holland tunnel sinking fund commission for the
payment of interest on New Jersey Camden  bridge-Holland  tunnel  bonds,
and  shall  be  subject to the appropriation made of moneys so set apart
and held, by the aforesaid statutes of the  state  of  New  Jersey,  and
shall be applied to the payment of such interest.
  8.  Upon the making of the foregoing payments by the port authority to
the two said states, the provisions of the compact of  December  thirty,
nineteen  hundred nineteen, between the said two states, relating to the
construction and operation of the said Holland tunnel,  as  amended,  so
far  as  inconsistent herewith or with the rules, practice and procedure
or general authority of the port authority, shall be and shall be deemed
to be abrogated; and chapter four hundred and twenty-one of the laws  of
New  York of nineteen hundred thirty, and chapter two hundred and forty-
seven of the laws of New Jersey of nineteen hundred thirty,  making  the
port authority the agent of the two states in connection with the opera-
tion of the said Holland tunnel shall cease to be effective.
  S  303.  Bridges.    1.  Except as may be agreed upon between the port
authority and the municipality in  which  they  shall  be  located,  the
approaches  to the George Washington bridge hereafter constructed on the
New York side shall be located as follows: between Amsterdam avenue  and
Pinehurst  avenue,  the  approaches  shall  be  located between West One
hundred seventy-eighth street and West One hundred seventy-ninth street;
between Pinehurst avenue and Cabrini boulevard, the approaches shall  be
between  West  One  hundred  seventy-eighth  street and West One hundred
eightieth street;  between  Cabrini  boulevard  and  Haven  avenue,  the
approaches  shall be between West One hundred seventy-seventh street and
the line parallel to the northerly side of West  One  hundred  eightieth
street  and  one  hundred twenty-five feet north of the building line on
the north side thereof; between Haven avenue and Service street north of
the George Washington bridge, the approaches shall be between the bridge
and an extension of the building line on the northerly side of West  One
hundred  eightieth  street. Except as so limited, the port authority may
effectuate such approaches, connections, highway extensions  or  highway
improvements  as it shall deem necessary or desirable in relation to the

S. 3353--B                         23

George Washington bridge, located in or extending across the counties in
which such bridge is located, and, in  its  discretion,  may  do  so  by
agreement  with  any other public agency; such agreement may provide for
the   construction,   ownership,   maintenance   or  operation  of  such
approaches, connections or highway extensions or highway improvements by
such other public agency.
  2. The port authority is  hereby  authorized  and  empowered,  in  its
discretion,  to  construct,  own,  maintain  and  operate  in Washington
Heights in the borough of Manhattan, New York city, as an  addition  and
improvement  to  the vehicular bridge over the Hudson river at Fort Lee,
known as and hereinafter in this section referred to as the George Wash-
ington bridge, a bus passenger facility, by which is  meant  a  facility
consisting  of  one or more buildings, structures, improvements, loading
or unloading areas, parking areas or other facilities necessary, conven-
ient or desirable in the opinion of the port authority for the  accommo-
dation  of  omnibuses  and  other  motor  vehicles  operated by carriers
engaged in the transportation of passengers, or for the loading, unload-
ing, interchange or transfer of such passengers  or  their  baggage,  or
otherwise  for  the accommodation, use or convenience of such passengers
or such carriers or their employees and for purposes incidental thereto.
  3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
authority  from  establishing,  levying  and  collecting tolls and other
charges in connection with such bus passenger facility  in  addition  to
and other than the tolls or charges established, levied and collected in
connection  with  the  George  Washington  bridge or any other bridge or
tunnel.
  S 304. Studies and reporting.  The port authority shall from  time  to
time make studies, surveys and investigations to determine the necessity
and practicability of vehicular bridges and tunnels over or under inter-
state  waters  within  the port of New York district, in addition to the
Midtown Hudson tunnel and Holland tunnel and to  the  George  Washington
bridge,  Goethals  bridge,  Outerbridge Crossing and Bayonne bridge, and
report to the governors and legislatures of the two states thereon.  The
port authority shall not proceed with the construction of any such addi-
tional  vehicular  bridges  and  tunnels  over  or under said interstate
waters until hereafter expressly authorized by the two said states,  but
the  second  deck of the George Washington bridge shall be considered an
addition and improvement to the said bridge and not such  an  additional
vehicular  bridge,  and  the port authority's power and authorization to
construct, own, maintain and operate said second deck for highway vehic-
ular or rail rapid transit traffic or both is  hereby  acknowledged  and
confirmed.
  S  305. Inspections.  The port authority shall inspect bridges located
within the state of New York and under the authority's  jurisdiction  in
accordance  with  criteria  established for other publicly-owned bridges
within the state.
  S 306. Construction, maintenance and operation.  1. The port authority
shall, so far as it deems it practicable,  treat  as  a  single  unified
operation  the  construction,  maintenance  and  operation  of  the said
Midtown Hudson tunnel, the Holland tunnel,  the  two  vehicular  bridges
over  the  Arthur Kill, the vehicular bridge over the Kill van Kull, the
vehicular bridge over the Hudson river at Fort Lee, and any other vehic-
ular bridges or tunnels which  it  may  construct  or  operate,  raising
moneys  for the construction thereof and for the making of additions and
improvements thereto in whole or in part upon its own  obligations,  and
establishing  and  levying  such  tolls and other charges as it may deem

S. 3353--B                         24

necessary to secure from all of such bridges and tunnels as a group,  at
least sufficient revenue to meet the expenses of the construction, main-
tenance  and  operation  of  such bridges and tunnels as a group, and to
provide  for  the  payment  of  the  interest  upon and amortization and
retirement of and the fulfillment of the terms of all  bonds  and  other
securities  and  obligations  which  it  may  have issued or incurred in
connection therewith.
  2. The additions and improvements to bridges and  tunnels  constructed
or  operated  by  it  which  the  port authority is hereby authorized to
effectuate shall include but not be limited to  parking  facilities,  by
which  is  meant  transportation  facilities  consisting  of one or more
areas, buildings, structures, improvements, or other  accommodations  or
appurtenances  necessary,  convenient or desirable in the opinion of the
port authority for the parking or storage of motor vehicles of users  of
such bridges and tunnels and other members of the general public and for
the  transfer  of the operators and passengers of such motor vehicles to
and from omnibuses and other motor vehicles operated by carriers over or
through such bridges or tunnels, and for purposes incidental thereto.
  3. Nothing herein contained  shall  be  deemed  to  prevent  the  port
authority  from  establishing,  levying  and  collecting tolls and other
charges in connection with any parking facility in addition to and other
than  the  tolls  or  charges  established,  levied  and  collected   in
connection  with  the bridge or tunnel to which such parking facility is
an addition and improvement or any other bridge or tunnel.
  4. The port authority shall not proceed with the construction  of  any
parking  facility as an addition and improvement to any bridge or tunnel
other than a parking facility in the township of  North  Bergen  in  the
state  of  New Jersey at or in the vicinity of the Midtown Hudson tunnel
and its approaches and connections, except as  heretofore  or  hereafter
expressly authorized.
  5.  The  plans  of the connections with state or municipal highways of
any vehicular bridge or tunnel which the port  authority  may  hereafter
construct (including the plans of any additional connections of existing
bridges  or  tunnels with state or municipal highways), shall be subject
to the approval of the governor of the state in which  such  connections
shall  be  located.  Either state may require by appropriate legislation
that such connections shall be subject to the approval  of  the  munici-
pality  of that state in which they shall be located; and in such event,
the approval of such municipality shall be given as provided in subdivi-
sion two of section one hundred four of this chapter.  Except as limited
herein, the port authority shall determine  all  matters  pertaining  to
such bridges and tunnels.
  6.  The  construction,  maintenance and operation of vehicular bridges
and tunnels within the said port of New  York  district  (including  the
said Holland tunnel and the said Midtown Hudson tunnel), are and will be
in  all respects for the benefit of the people of the states of New York
and New Jersey, for the increase of their commerce  and  prosperity  and
for  the improvement of their health and living conditions; and the port
authority shall be regarded  as  performing  an  essential  governmental
function  in  undertaking  the  construction,  maintenance and operation
thereof and in carrying out the provisions of law relating thereto,  and
shall be required to pay no taxes or assessments upon any of the proper-
ty acquired or used by it for such purposes.
  7.  If  for  any  of the purposes of this article (including temporary
construction purposes, and the making of additions  or  improvements  to
bridges  or  tunnels already constructed), the port authority shall find

S. 3353--B                         25

it necessary or convenient  to  acquire  any  real  property  as  herein
defined,  whether  for  immediate  or future use, the port authority may
find and determine that such property, whether a fee simple absolute  or
a  lesser interest, is required for a public use, and upon such determi-
nation, the said property shall be and shall be deemed  to  be  required
for  such  public  use until otherwise determined by the port authority;
and with the exceptions hereinafter specifically noted, the said  deter-
mination shall not be affected by the fact that such property has there-
tofore  been  taken  for,  or  is then devoted to, a public use; but the
public use in the hands or under the control of the port authority shall
be deemed superior to the public use in the hands of any  other  person,
association or corporation.
  8.  The port authority may acquire and is hereby authorized to acquire
such property, whether a fee simple absolute or a  lesser  interest,  by
the  exercise  of  the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure law of the state of New York,
in the case of property located in such state, and revised  statutes  of
New  Jersey,  Title  20:1-1  et seq., in the case of property located in
such state, or at the option  of  the  port  authority  as  provided  in
section  fifteen  of  chapter  forty-three  of the laws of New Jersey of
nineteen hundred forty-seven, as amended, for the condemnation  of  real
property  for  air terminal purposes, in the case of property located in
such state, or pursuant to such other and alternate procedure as may  be
provided by law.
  9.  Where  a person entitled to an award in the proceedings to acquire
any real property for any of the purposes of this  article,  remains  in
possession  of  such  property after the time of the vesting of title in
the port authority, the reasonable value of his  use  and  occupancy  of
such  property  subsequent to such time, as fixed by agreement or by the
court in such proceedings or by any  court  of  competent  jurisdiction,
shall  be  a lien against such award, subject only to liens of record at
the time of the vesting of title in the port authority.
  10. Nothing herein contained shall be construed to prohibit  the  port
authority  from  bringing  any proceedings to remove a cloud on title or
such other proceedings as it may, in its  discretion,  deem  proper  and
necessary,  or  from  acquiring  any  such  property  by  negotiation or
purchase.
  11. Anything in this act to the contrary notwithstanding, no  property
now  or  hereafter  vested  in  or  held  by  any county, city, borough,
village, township or other municipality  shall  be  taken  by  the  port
authority,  without  the  authority  or  consent  of  such county, city,
borough, village, township or other municipality as provided in  article
one of this chapter, provided that the state in which such county, city,
borough,  village, township or other municipality is located may author-
ize such property to be taken by the port authority by  condemnation  or
the  exercise  of  the right of eminent domain without such authority or
consent; nor shall anything herein impair or invalidate in any  way  any
bonded  indebtedness  of  the  state,  or  such  county,  city, borough,
village, township or other municipality, nor impair  the  provisions  of
law  regulating  the  payment into sinking funds of revenue derived from
municipal property, or dedicating the revenues  derived  from  municipal
property, to a specific purpose. The port authority is hereby authorized
and  empowered  to acquire from any such county, city, borough, village,
township or other municipality, or  from  any  other  public  agency  or
commission  having jurisdiction in the premises, by agreement therewith,
and such county, city, borough, village, township, municipality,  public

S. 3353--B                         26

agency  or commission, notwithstanding any contrary provision of law, is
hereby authorized and empowered to  grant  and  convey  upon  reasonable
terms  and conditions, any real property, which may be necessary for the
construction,  operation  and  maintenance  of such bridges and tunnels,
including such real property as has already been  devoted  to  a  public
use.  Each  of the two said states hereby consent to the use and occupa-
tion of the real property of such state necessary for the  construction,
operation and maintenance of bridges and tunnels constructed or operated
pursuant to the provisions of this article, including lands of the state
lying under water.
  12.  The  port  authority and its duly authorized agents and employees
may enter upon any land in this state for the  purpose  of  making  such
surveys, maps, or other examinations thereof as it may deem necessary or
convenient for the purposes of this article.
  13.  The  term  "real  property" as used in this section is defined to
include lands, structures, franchises, and interests in land,  including
lands under water and riparian rights, and any and all things and rights
usually included within the said term, and includes not only fees simple
absolute  but  also  any  and  all  lesser interests, such as easements,
rights of way, uses, leases, licenses and all other incorporeal  heredi-
taments and every estate, interest or right, legal or equitable, includ-
ing  terms of years, and liens thereon by way of judgments, mortgages or
otherwise, and also claims for damage to real estate.
  14. Nothing herein contained shall be construed to authorize or permit
the port authority to undertake the construction of any vehicular bridge
or tunnel over or under  the  Arthur  Kill,  unless  or  until  adequate
provision  has  been  made  by law for the protection of those advancing
money upon the obligations of the port authority for the construction of
the bridges mentioned in chapter two hundred and  ten  of  the  laws  of
nineteen  hundred  twenty-five,  or  the  construction  of any vehicular
bridge or tunnel over or under the Hudson river, at or north of Sixtieth
street in the borough of Manhattan, city of New York,  unless  or  until
adequate  provision  has  been  made  by law for the protection of those
advancing money upon the obligations  of  the  port  authority  for  the
construction  of  the  bridge  mentioned  in  chapter  seven hundred and
sixty-one  of  the  laws  of  nineteen  hundred   twenty-six,   or   the
construction  of  any  vehicular bridge or tunnel over or under the Kill
van Kull unless or until adequate provision has been made by law for the
protection of those advancing money upon the  obligations  of  the  port
authority  for the construction of the bridge mentioned in chapter three
hundred of the laws of nineteen hundred twenty-seven.
  S 307. Rules and regulations relating to tunnels and bridges.  1.  The
port  authority  is hereby authorized to make and enforce such rules and
regulations and to establish, levy and  collect  such  tolls  and  other
charges  in  connection  with any vehicular bridges and tunnels which it
may now or hereafter be authorized to own, construct, operate or control
(including the said Holland tunnel and the said Midtown Hudson  tunnel),
as  it  may  deem  necessary,  proper or desirable, which said tolls and
charges shall be at  least  sufficient  to  meet  the  expenses  of  the
construction,  operation and maintenance thereof, and to provide for the
payment of, with interest upon, and the amortization and  retirement  of
bonds  or  other securities or obligations issued or incurred for bridge
or tunnel purposes.  There  shall  be  allocated  to  the  cost  of  the
construction,  operation  and  maintenance  of such bridges and tunnels,
such proportion of the general expenses of  the  port  authority  as  it
shall deem properly chargeable thereto.

S. 3353--B                         27

  2.  The  moneys  in  the  general  reserve  fund of the port authority
(authorized by chapter five of  the  laws  of  New  Jersey  of  nineteen
hundred  thirty-one,  as amended, and chapter forty-eight of the laws of
New York of nineteen hundred thirty-one, as  amended  and  contained  by
article  XXX  of this chapter) may be pledged in whole or in part by the
port authority as security for or applied by it to  the  repayment  with
interest of any moneys which it may raise upon bonds or other securities
or  obligations  issued  or  incurred  from  time to time for any of the
purposes of this article or secured in whole or in part by the pledge of
the revenues of the port authority from any bridge or tunnel or both  so
issued  or  incurred  and  so  secured;  and  the moneys in said general
reserve fund may be applied by the port authority to the fulfillment  of
any  other undertakings which it may assume to or for the benefit of the
holders of any such bonds, securities or other obligations.
  3. Subject to prior liens and pledges (and to the  obligation  of  the
port  authority  to  apply  revenues  to  the maintenance of its general
reserve fund in the amount prescribed by the said  statutes  authorizing
said  fund),  the  revenues of the port authority from facilities estab-
lished, constructed, acquired or effectuated  through  the  issuance  or
sale  of  bonds of the port authority secured by a pledge of its general
reserve fund may be pledged in whole or  in  part  as  security  for  or
applied  by it to the repayment with interest of any moneys which it may
raise upon bonds or other securities or obligations issued  or  incurred
from  time to time for any of the purposes of this article or secured in
whole or in part by the pledge of the revenues  of  the  port  authority
from  any bridge or tunnel or both so issued or incurred and so secured,
and said revenues may be applied by the port authority to  the  fulfill-
ment of any other undertakings which it may assume to or for the benefit
of the holders of such bonds, securities or other obligations.
  In  the  event that at any time the balance of moneys theretofore paid
into the general reserve fund and not applied therefrom shall exceed  an
amount  equal  to  one-tenth  of  the  par  value of all bonds legal for
investment, as defined and limited in the said statutes authorizing said
fund, issued by the port authority and  currently  outstanding  at  such
time,  by reason of the retirement of bonds or other securities or obli-
gations issued or incurred from time to time for any of the purposes  of
this  article or secured in whole or in part by the pledge of the reven-
ues of the port authority from any bridge or tunnel or both so issued or
incurred and so secured, the par value of  which  had  theretofore  been
included  in  the computation of said one-tenth, then the port authority
may pledge or apply such excess for and only for the purposes for  which
it  is  authorized  by the said statutes authorizing said fund to pledge
the moneys in the general reserve fund and such pledge may  be  made  in
advance of the time when such excess may occur.
  S  308.  Bonds.    1. The two said states covenant and agree with each
other and with the holders of any bonds or  other  securities  or  obli-
gations  of  the port authority, issued or incurred for bridge or tunnel
purposes and as security for which there may or  shall  be  pledged  the
tolls and revenues or any part thereof of any vehicular bridge or tunnel
(including  the said Holland tunnel and the said Midtown Hudson tunnel),
that the two said states will not, so long as any of such bonds or other
obligations remain outstanding and unpaid, diminish or impair the  power
of  the  port  authority  to establish, levy and collect tolls and other
charges in connection therewith; and that the two said states will  not,
so long as any of such bonds or other obligations remain outstanding and
unpaid,  authorize  the construction of any vehicular bridges or tunnels

S. 3353--B                         28

over or under interstate waters as herein defined within the  said  port
of New York district, by any person or body other than the port authori-
ty,  in competition with those whose tolls or other revenues are pledged
as  aforesaid; provided that nothing herein contained shall be deemed to
refer to the bridge authorized by the act of congress  of  July  eleven,
eighteen  hundred  ninety,  chapter six hundred and sixty-nine, and acts
amendatory thereof and supplemental thereto; and provided  further  that
nothing  herein  contained  shall  preclude  the  authorization  of  the
construction of such competitive tunnels or bridges by other persons  or
bodies  if  and  when  adequate  provision  shall be made by law for the
protection of those advancing money upon such obligations.
  2. The bonds or other securities or obligations which may be issued or
incurred by the port authority pursuant to this article, or as  security
for  which there may be pledged the tolls and other revenues or any part
thereof of any vehicular bridge or tunnel (including  the  said  Holland
tunnel  and  the said Midtown Hudson tunnel) now or hereafter authorized
by the two said states or both so issued or incurred and so secured, are
hereby made securities in which all state  and  municipal  officers  and
bodies,  all banks, bankers, trust companies, savings banks, savings and
loan associations, investment companies and other persons carrying on  a
banking  business,  all  insurance companies, insurance associations and
other persons carrying on an insurance business, and all administrators,
executors, guardians, trustees  and  other  fiduciaries  and  all  other
persons  whatsoever who are now or may hereafter be authorized to invest
in bonds or other obligations of the state,  may  properly  and  legally
invest  any  funds, including capital, belonging to them or within their
control; and said bonds or other securities or  obligations  are  hereby
made  securities  which  may  properly and legally be deposited with and
shall be received by any state or municipal officer or  agency  for  any
purpose  for  which  the  deposit  of bonds or other obligations of this
state is now or may hereafter be authorized.
  S 309. Compact.  1. This section and the preceding  sections  of  this
article,  constitute an agreement between the states of New York and New
Jersey supplementary to the compact between the two states  dated  April
thirty,  nineteen  hundred twenty-one, and amendatory thereof, and shall
be liberally construed to effectuate the purposes of said compact and of
the comprehensive plan heretofore adopted by the  two  states,  and  any
powers  granted to the port authority by this article shall be deemed to
be in aid of and supplementary to and in no case a limitation  upon  the
powers  heretofore  vested  in the port authority by the two said states
and/or by congress, except as herein otherwise provided.
  2. Any declarations contained in this  article  with  respect  to  the
governmental  nature  of  bridges  and  tunnels  and to the exemption of
bridge and tunnel property from taxation and to the  discretion  of  the
port authority with respect to bridge and tunnel operations shall not be
construed to imply that other port authority property and operations are
not  of  a governmental nature, or that they are subject to taxation, or
that the determinations of the port authority with respect  thereto  are
not conclusive.
  3.  The  powers vested in the port authority herein (including but not
limited to the powers to acquire real property by  condemnation  and  to
make  or effectuate additions, improvements, approaches and connections)
shall be continuing powers and no exercise thereof shall  be  deemed  to
exhaust them or any of them.
  4.  Nothing herein contained shall be construed to affect, diminish or
impair the rights and obligations created by, or to repeal  any  of  the

S. 3353--B                         29

provisions  of  chapter  three  hundred and fifty-two of the laws of New
Jersey of nineteen hundred twenty and chapter two hundred and  sixty-two
of the laws of New Jersey of nineteen hundred twenty-four.
  5.  If,  however,  any loss shall be suffered by or accrue to the said
sinking fund, and if, after the  making  of  the  payment  by  the  port
authority  to  the  state  of  New  Jersey as hereinbefore provided, the
moneys in the said sinking fund shall at any time be or become less than
an amount equal to the principal amount of the then currently  outstand-
ing  New Jersey Camden bridge-Holland tunnel bonds, or if the income and
interest currently received from or currently accruing upon  the  moneys
in  the  said  sinking  fund  shall be or become insufficient to pay the
interest currently accruing upon or currently payable in connection with
the aforesaid New Jersey Camden bridge-Holland tunnel bonds,  the  state
of New Jersey represents and agrees that it will make good such deficits
out of sources other than revenues from the said Holland tunnel.
  6.  The  said payment by the port authority to the state of New Jersey
constitutes repayment for all  moneys  contributed  by  the  said  state
toward  the  cost  of construction of the said Holland tunnel, including
the moneys diverted and appropriated by chapter three hundred and  nine-
teen  of the laws of New Jersey of nineteen hundred twenty-six and chap-
ter fifty-eight of the laws of New Jersey of  nineteen  hundred  twenty-
seven  from the road fund, created by chapter fifteen of the laws of New
Jersey of nineteen hundred seventeen. The requirement of chapter  fifty-
eight  of  the  laws of New Jersey of nineteen hundred twenty-seven that
the said moneys diverted and appropriated by the said  statutes  of  the
state  of  New  Jersey  shall  be returned and credited to the said road
fund, with interest, shall be and shall be deemed to  be  satisfied  and
discharged  so far as it relates to the revenues arising from the opera-
tion of the said Holland tunnel.
  7. The provisions of this section  shall  constitute  a  covenant  and
agreement  by  the  state  of New York with the state of New Jersey, the
port authority and the holders of any bonds or other obligations of  the
port  authority,  as  security  for which the tolls and revenues of said
Holland tunnel may be pledged.
  8. Nothing herein contained shall be construed to impair  in  any  way
the  obligation  of the port authority to repay to the two states any or
all advances made by them  to  the  port  authority  in  aid  of  bridge
construction.
                               ARTICLE IV
          THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND
                           NEW JERSEY COMPACT
                                 PART I

Section 400. Compact.
        401. Findings and declarations.
        402. Definitions.
        403. Waterfront  and  airport  commission  of  New  York and New
               Jersey.
        404. General powers of commission.
        405. Pier superintendent and hiring agents.
        406. Stevedores.
        407. Prohibition of public loading.
        408. Longshoreman.
        409. Regularization of longshoremen's employment.
        410. Port watchmen.
        411. Hearings, determinations and review.

S. 3353--B                         30

        412. Employment information centers.
        413. Expenses of administration.
        414. General violations; prosecutions; penalties
        415. Collective bargaining safeguarded.
        416. Amendments; construction; short title.

                                        PART II

        417. Waterfront commission compact.
        418. Expenses of administration.
        419. Reimbursement.
        420. Penalties.
        421. Federal funds.
        422. Supplementary definitions.
        423. Additional powers of the commission.
        424. Regularization of longshoremen's employment.
        425. Additional violations.
        426. Hearings.
        427. Denial of applications.
        428. Revocation of licenses and registrations.
        429. Removal of port watchmen's ineligibility.
        430. Petition for order to remove an ineligibility.
        431. Denial of stevedore applications.
        432. Checkers.
        433. Supplementary violations.
        434. Suspension  or  acceptance of applications for inclusion in
               longshoremen's register; exceptions.
        435. Temporary suspension of  permits,  licenses  and  registra-
               tions.
        436. Continuance of port watchmen's licenses.
        437. Regularization of port watchmen's employment.
        438. Duration of stevedore's license.
        439. Implementation  of  telecommunications  hiring  system  for
               longshoremen and checkers and registration of  telecommu-
               nications system controller.

                                        PART III

        440. Commission established for New York state.
        441. Prohibition against loitering.
        442. Prohibition   against  union  having  officers,  agents  or
               employees who have been convicted of certain  crimes  and
               offenses.
        443. Exception to section 442 for certain employees.

                                        PART IV

        444. Compact.
        445. Findings and declarations.
        446. Definitions.
        447. General powers of the commission.
        448. Airfreightmen and airfreightman supervisors.
        449. Air freight terminal operators; air freight truck carriers;
               and airfreightmen labor relations consultants.
        450. Air freight security area.
        451. Hearings, determinations and review.

S. 3353--B                         31

        452. Expenses of administration.
        453. General violations; prosecutions; penalties.
        454. Amendments; construction; short title.

                                         PART V

        455. Prohibition  against  unions  having  officers,  agents  or
               employees who have been convicted of certain  crimes  and
               offenses.
        456. Prohibition against employer organizations having officers,
               agents,  or  employees who have been convicted of certain
               crimes and offenses.
        457. Exceptions to sections four  hundred  fifty-five  and  four
               hundred fifty-six of this part for certain employees.
        458. Civil penalties.
        459. Civil enforcement.
        460. Exemption from arrest and service of process.
        461. Nonresident witnesses.
        462. Officers and employees.
        463. Penalties.
        464. Short title.

                                 PART I

  S 400. Compact. The "waterfront and airport commission of New York and
New Jersey compact" as first enacted by chapter eight hundred eighty-two
of  the laws of nineteen hundred fifty-three is hereby continued to read
as follows. The state of New York hereby agrees with the  state  of  New
Jersey,  upon  the  enactment  by the state of New Jersey of legislation
having the same effect as this section, to the following compact.
  S 401. Findings and declarations. The  states  of  New  York  and  New
Jersey  hereby  find  and declare that the conditions under which water-
front labor is employed  within  the  port  of  New  York  district  are
depressing  and  degrading to such labor, resulting from the lack of any
systematic method of hiring, the lack of adequate information as to  the
availability  of  employment, corrupt hiring practices and the fact that
persons conducting such hiring  are  frequently  criminals  and  persons
notoriously lacking in moral character and integrity and neither respon-
sive  or  responsible  to the employers nor to the uncoerced will of the
majority of the members of the labor  organizations  of  the  employees;
that as a result waterfront laborers suffer from irregularity of employ-
ment,  fear and insecurity, inadequate earnings, an unduly high accident
rate, subjection to borrowing at usurious rates of  interest,  exploita-
tion  and  extortion  as  the price of securing employment and a loss of
respect for the law;  that not only does there result a  destruction  of
the  dignity  of  an  important  segment of American labor, but a direct
encouragement of crime which imposes a levy of greatly  increased  costs
on  food,  fuel and other necessaries handled in and through the port of
New York district.
  2. The states of New York and New Jersey hereby find and declare  that
many  of the evils above described result not only from the causes above
described but from the practices of public loaders at  piers  and  other
waterfront  terminals;  that such public loaders serve no valid economic
purpose and operate as parasites exacting a high and unwarranted toll on
the flow of commerce in and through the port of New York  district,  and
have  used  force  and  engaged in discriminatory and coercive practices

S. 3353--B                         32

including extortion against persons not desiring to employ  them;    and
that  the  function of loading and unloading trucks and other land vehi-
cles  at  piers  and  other  waterfront  terminals  can  and  should  be
performed,  as in every other major American port, without the evils and
abuses of the public loader system, and by the carriers  of  freight  by
water,  stevedores  and  operators  of  such  piers and other waterfront
terminals or the operators of such trucks or other land vehicles.
  3. The states of New York and New Jersey hereby find and declare  that
many  of the evils above described result not only from the causes above
described but from the lack of regulation of the  occupation  of  steve-
dores;  that such stevedores have engaged in corrupt practices to induce
their  hire  by  carriers of freight by water and to induce officers and
representatives of labor organizations to  betray  their  trust  to  the
members of such labor organizations.
  4.  The states of New York and New Jersey hereby find and declare that
the  occupations  of  longshoremen,  stevedores,  pier  superintendents,
hiring  agents  and  port  watchmen  are affected with a public interest
requiring their regulation and that such regulation shall be  deemed  an
exercise of the police power of the two states for the protection of the
public  safety, welfare, prosperity, health, peace and living conditions
of the people of the two states.
  S 402. Definitions. As used in this compact:
  1. "The port of New York district" shall mean the district created  by
article  II of the compact dated April thirtieth, nineteen hundred twen-
ty-one, between the states of New York and  New  Jersey,  authorized  by
chapter  one  hundred  fifty-four  of  the  laws of New York of nineteen
hundred twenty-one and continued by article I of this chapter, and chap-
ter one hundred fifty-one of the laws of New Jersey of nineteen  hundred
twenty-one.
  2.  "Commission"  shall  mean the waterfront and airport commission of
New York and New Jersey established by section  four  hundred  three  of
this part.
  3. "Pier" shall include any wharf, pier, dock or quay.
  4.  "Other  waterfront terminal" shall include any warehouse, depot or
other terminal (other than a pier) which is located within one  thousand
yards of any pier in the port of New York district and which is used for
waterborne freight in whole or substantial part.
  5. "Person" shall mean not only a natural person but also any partner-
ship,  joint venture, association, corporation or any other legal entity
but shall not include the United States, any state or territory  thereof
or  any  department,  division, board, commission or authority of one or
more of the foregoing.
  6. "Carrier of freight by water" shall mean  any  person  who  may  be
engaged or who may hold himself out as willing to be engaged, whether as
a  common  carrier,  as  a  contract  carrier  or  otherwise (except for
carriage of liquid cargoes in bulk in  tank  vessels  designed  for  use
exclusively  in  such  service  or  carriage  by  barge  of bulk cargoes
consisting of only a single commodity loaded or carried without wrappers
or containers and delivered by the carrier without  transportation  mark
or  count)  in the carriage of freight by water between any point in the
port of New York district and a point outside said district.
  7. "Waterborne freight" shall mean freight carried by or consigned for
carriage by carriers of freight by water.
  8. "Longshoreman" shall mean a natural person,  other  than  a  hiring
agent,  who is employed for work at a pier or other waterfront terminal,
either by a carrier of freight by water or by a stevedore:

S. 3353--B                         33

  (a) physically to move waterborne freight on vessels berthed at piers,
on piers or at other waterfront terminals, or
  (b)  to engage in direct and immediate checking of any such freight or
of the custodial accounting therefor or in the recording  or  tabulation
of  the  hours  worked at piers or other waterfront terminals by natural
persons employed by carriers of freight by water or stevedores, or
  (c) to supervise directly and immediately others who are  employed  as
in subdivision (a) of this section.
  9.  "Pier  superintendent"  shall mean any natural person other than a
longshoreman who is employed for work at  a  pier  or  other  waterfront
terminal  by a carrier of freight by water or a stevedore and whose work
at such pier or other  waterfront  terminal  includes  the  supervision,
directly or indirectly, of the work of longshoremen.
  10.  "Port  watchman"  shall include any watchman, gateman, roundsman,
detective, guard, guardian or protector  of  property  employed  by  the
operator  of  any  pier  or other waterfront terminal or by a carrier of
freight by water to perform services in such capacity  on  any  pier  or
other waterfront terminal.
  11.  "Longshoremen's  register"  shall  mean  the register of eligible
longshoremen compiled and  maintained  by  the  commission  pursuant  to
section four hundred eight of this part.
  12.  "Stevedore"  shall  mean a contractor (not including an employee)
engaged for compensation pursuant to a contract or  arrangement  with  a
carrier  of  freight  by  water, in moving waterborne freight carried or
consigned for carriage by  such  carrier  on  vessels  of  such  carrier
berthed at piers, on piers at which such vessels are berthed or at other
waterfront terminals.
  13.  "Hiring  agent" shall mean any natural person, who on behalf of a
carrier of freight by water or a stevedore shall select any longshoreman
for employment.
  14. "Compact"  shall  mean  this  compact  and  rules  or  regulations
lawfully promulgated thereunder.
  S  403.  Waterfront and airport commission of New York and New Jersey.
1. There is hereby created the waterfront and airport commission of  New
York  and  New  Jersey,  which shall be a body corporate and politic, an
instrumentality of the states of New York and New Jersey.
  2. The commission shall consist of four members, two to be  chosen  by
the  state  of New Jersey and two to be chosen by the state of New York.
The members representing each state shall be appointed by  the  governor
of such state with the advice and consent of the senate thereof, without
regard  to  the  state  of  residence of such members, and shall receive
compensation to be fixed by the governor of such state.    The  term  of
office  of  each member shall be for four years; provided, however, that
the two present members of the  commission  heretofore  appointed  shall
continue  to  serve  as  members  until the expiration of the respective
terms for which they were appointed,  that  the  term  of  the  two  new
members  shall expire on June thirtieth, nineteen hundred seventy-three,
and that the term of the successors to the present members shall  expire
on  June  thirtieth,  nineteen hundred seventy-five.   Each member shall
hold office until  his  successor  has  been  appointed  and  qualified.
Vacancies  in  office  shall  be filled for the balance of the unexpired
term in the same manner as original appointments.
  3. Three members of the commission shall constitute a quorum;  but the
commission shall act only by a majority vote of all its  members.    Any
member may, by written instrument filed in the office of the commission,
designate  any officer or employee of the commission to act in his place

S. 3353--B                         34

as a member whenever he shall be unable  to  attend  a  meeting  of  the
commission.    A vacancy in the office of a member shall not impair such
designation until the vacancy shall have been filled.    The  commission
shall  elect  one  of its members to serve as chairman for a term of one
year;  provided, however, that the term  of  the  first  chairman  shall
expire  on  June  thirtieth, nineteen hundred seventy-one.  The chairman
shall represent a state other than the state represented  by  the  imme-
diately preceding chairman.
  S  404.  General  powers of commission.  In addition to the powers and
duties elsewhere prescribed in this compact, the commission  shall  have
the power:
  1. To sue and be sued;
  2. To have a seal and alter the same at pleasure;
  3. To acquire, hold and dispose of real and personal property by gift,
purchase,  lease,  license  or  other  similar manner, for its corporate
purposes;
  4. To determine the location, size and suitability  of  accommodations
necessary  and  desirable  for  the establishment and maintenance of the
employment information centers provided in section four  hundred  twelve
of this part and for administrative offices for the commission;
  5.  To  appoint  such  officers,  agents  and employees as it may deem
necessary, prescribe their powers, duties  and  qualifications  and  fix
their compensation and retain and employ counsel and private consultants
on a contract basis or otherwise;
  6. To administer and enforce the provisions of this compact;
  7.  To  make  and enforce such rules and regulations as the commission
may deem necessary to effectuate the purposes  of  this  compact  or  to
prevent  the  circumvention  or  evasion  thereof,  to be effective upon
publication in the manner which the commission shall prescribe and  upon
filing  in the office of the secretary of state of each state.  A certi-
fied copy of any such  rules  and  regulations,  attested  as  true  and
correct  by the commission, shall be presumptive evidence of the regular
making, adoption, approval and publication thereof;
  8. By its members and its properly  designated  officers,  agents  and
employees, to administer oaths and issue subpoenas to compel the attend-
ance  of  witnesses  and  the  giving of testimony and the production of
other evidence;
  9. To have for its  members  and  its  properly  designated  officers,
agents  and  employees,  full and free access, ingress and egress to and
from all vessels, piers and other waterfront terminals or  other  places
in  the port of New York district, for the purposes of making inspection
or enforcing the provisions of  this  compact;    and  no  person  shall
obstruct or in any way interfere with any such member, officer, employee
or  agent in the making of such inspection, or in the enforcement of the
provisions of this compact or in the performance of any other  power  or
duty under this compact;
  10.  To  recover possession of any suspended or revoked license issued
under this compact;
  11. To make investigations, collect and compile information concerning
waterfront practices generally within the port of New York district  and
upon  all  matters  relating  to the accomplishment of the objectives of
this compact;
  12. To advise and consult with representatives of labor  and  industry
and  with  public officials and agencies concerned with the effectuation
of the purposes of this compact, upon all matters which  the  commission
may desire, including but not limited to the form and substance of rules

S. 3353--B                         35

and  regulations,  the administration of the compact, maintenance of the
longshoremen's register, and issuance and revocation of licenses;
  13. To make annual and other reports to the governors and legislatures
of  both  states  containing  recommendations for the improvement of the
conditions of waterfront labor within the port of New York district, for
the alleviation of the evils described in section four  hundred  one  of
this  part  and  for  the  effectuation of the purposes of this compact.
Such annual reports shall state the commission's  finding  and  determi-
nation  as  to  whether  the  public  necessity still exists for (a) the
continued registration of longshoremen, (b) the continued  licensing  of
any  occupation  or employment required to be licensed hereunder and (c)
the continued public operation of  the  employment  information  centers
provided for in section four hundred twelve of this part.
  14.  To  cooperate  with  and  receive  from any department, division,
bureau, board, commission, or agency of either or both states, or of any
county or municipality thereof, such assistance and data as will  enable
it  properly  to  carry  out  its  powers and duties hereunder;   and to
request any such department, division,  bureau,  board,  commission,  or
agency,  with  the consent thereof, to execute such of its functions and
powers, as the public interest may require.
  15. The powers and duties of the commission may be exercised by  offi-
cers,  employees and agents designated by them, except the power to make
rules and regulations.  The commission shall have such additional powers
and duties as may hereafter be delegated to or imposed upon it from time
to time by the action of the legislature of either state concurred in by
the legislature of the other.
  S 405. Pier superintendents and hiring agents.   1. On  or  after  the
first day of December, nineteen hundred fifty-three, no person shall act
as  a  pier  superintendent  or as a hiring agent within the port of New
York district without  first  having  obtained  from  the  commission  a
license  to act as such pier superintendent or hiring agent, as the case
may be, and no person shall employ or engage another person to act as  a
pier superintendent or hiring agent who is not so licensed.
  2.  A license to act as a pier superintendent or hiring agent shall be
issued only upon the written application,  under  oath,  of  the  person
proposing  to employ or engage another person to act as such pier super-
intendent or hiring agent, verified by the prospective  licensee  as  to
the matters concerning him, and shall state the following:
  (a) The full name and business address of the applicant;
  (b)  The  full  name,  residence, business address (if any), place and
date of birth and social security number of the prospective licensee;
  (c) The present and previous occupations of the prospective  licensee,
including  the places where he was employed and the names of his employ-
ers;
  (d) Such further facts and evidence as may be required by the  commis-
sion  to ascertain the character, integrity and identity of the prospec-
tive licensee;  and
  (e) That if a license is  issued  to  the  prospective  licensee,  the
applicant  will  employ  such  licensee as pier superintendent or hiring
agent, as the case may be.
  3. No such license shall be granted
  (a) Unless the commission shall  be  satisfied  that  the  prospective
licensee possesses good character and integrity;
  (b)  If  the prospective licensee has, without subsequent pardon, been
convicted by a court of the United States, or  any  state  or  territory
thereof,  of  the commission of, or the attempt or conspiracy to commit,

S. 3353--B                         36

treason, murder, manslaughter or any felony or high misdemeanor  or  any
of  the following misdemeanors or offenses: illegally using, carrying or
possessing a pistol or other  dangerous  weapon;  making  or  possessing
burglar's  instruments;  buying  or  receiving stolen property; unlawful
entry of a building; aiding an escape from prison;  unlawfully  possess-
ing,  possessing  with  intent  to distribute, sale or distribution of a
controlled dangerous substance (controlled substance) or, in New Jersey,
a controlled dangerous substance analog (controlled  substance  analog);
and  violation of this compact. Any such prospective licensee ineligible
for a license by reason of any such conviction may  submit  satisfactory
evidence  to  the  commission  that he has for a period of not less than
five years, measured as hereinafter provided, and  up  to  the  time  of
application,  so  conducted  himself  as  to  warrant  the grant of such
license, in which event the commission may, in its discretion, issue  an
order  removing  such  ineligibility. The aforesaid period of five years
shall be measured either from the date of payment of  any  fine  imposed
upon  such  person or the suspension of sentence or from the date of his
unrevoked release from custody by parole, commutation or termination  of
his sentence;
  (c)  If  the  prospective licensee knowingly or wilfully advocates the
desirability of overthrowing or destroying the government of the  United
States  by force or violence or shall be a member of a group which advo-
cates such desirability, knowing the purposes of such group include such
advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be satisfied therefrom  that  the  prospective
licensee  possesses  the  qualifications  and requirements prescribed in
this section, the commission shall issue and deliver to the  prospective
licensee a license to act as pier superintendent or hiring agent for the
applicant,  as  the  case  may be, and shall inform the applicant of his
action.  The commission may issue a temporary permit to any  prospective
licensee  for  a  license  under  the provisions of this section pending
final action on an application made for such a license.  Any such permit
shall be valid for a period not in excess of thirty days.
  5. No person shall be licensed to act  as  a  pier  superintendent  or
hiring  agent  for  more  than  one employer, except at a single pier or
other  waterfront  terminal,  but  nothing  in  this  section  shall  be
construed  to  limit  in  any  way the number of pier superintendents or
hiring agents any employer may employ.
  6. A license granted pursuant to this section shall  continue  through
the duration of the licensee's employment by the employer who shall have
applied for his license.
  7.  Any  license  issued  pursuant  to  this section may be revoked or
suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of  the  following
offenses:
  (a)  Conviction of a crime or act by the licensee or other cause which
would require or permit his disqualification from  receiving  a  license
upon original application;
  (b)  Fraud, deceit or misrepresentation in securing the license, or in
the conduct of the licensed activity;
  (c) Violation of any of the provisions of this section;
  (d) Conviction of a crime involving unlawfully possessing,  possession
with  intent to distribute, sale or distribution of a controlled danger-

S. 3353--B                         37

ous substance (controlled substance) or, in  New  Jersey,  a  controlled
dangerous substance analog (controlled substance analog);
  (e)  Employing,  hiring  or  procuring any person in violation of this
section or inducing or  otherwise  aiding  or  abetting  any  person  to
violate the terms of this section;
  (f)  Paying, giving, causing to be paid or given or offering to pay or
give to any person any  valuable  consideration  to  induce  such  other
person  to violate any provision of this section or to induce any public
officer, agent or employee to fail to perform his duty hereunder;
  (g) Consorting with known criminals for an unlawful purpose;
  (h) Transfer or surrender of possession of the license to  any  person
either temporarily or permanently without satisfactory explanation;
  (i) False impersonation of another licensee under this section;
  (j) Receipt or solicitation of anything of value from any person other
than  the  licensee's  employer  as  consideration  for the selection or
retention for employment of any longshoreman;
  (k) Coercion of a longshoreman by threat of discrimination or violence
or economic reprisal, to make purchases from or to utilize the  services
of any person;
  (l)  Lending  any  money to or borrowing any money from a longshoreman
for which there is a charge of interest or other consideration;  and
  (m) Membership in a labor organization which  represents  longshoremen
or  port  watchmen;   but nothing in this subdivision shall be deemed to
prohibit pier superintendents or hiring agents from being represented by
a labor organization or organizations which do not also represent  long-
shoremen  or  port  watchmen.    The  American  Federation of Labor, the
Congress of Industrial Organizations and any other  similar  federation,
congress or other organization of national or international occupational
or  industrial  labor organizations shall not be considered an organiza-
tion which represents longshoremen or port watchmen within  the  meaning
of  this  section  although  one  of  the federated or constituent labor
organizations thereof may represent longshoremen or port watchmen.
  S 406. Stevedores.  1. On or after the first day of December, nineteen
hundred fifty-three, no person shall act as a stevedore within the  port
of  New  York  district without having first obtained a license from the
commission, and no person shall employ a stevedore to  perform  services
as  such within the port of New York district unless the stevedore is so
licensed.
  2. Any person intending to act as a stevedore within the port  of  New
York  district  shall  file  in  the  office of the commission a written
application for a license to engage in such occupation, duly signed  and
verified as follows:
  (a)  If  the  applicant  is a natural person, the application shall be
signed and verified by such person and if the applicant  is  a  partner-
ship,  the  application  shall  be  signed  and verified by each natural
person composing or intending to compose such partnership. The  applica-
tion  shall  state  the  full name, age, residence, business address (if
any), present and previous occupations of each natural person so signing
the same, and any other facts and evidence as may  be  required  by  the
commission  to  ascertain  the character, integrity and identity of each
natural person so signing such application.
  (b) If the applicant is a corporation, the application shall be signed
and verified by the president,  secretary  and  treasurer  thereof,  and
shall  specify  the  name  of the corporation, the date and place of its
incorporation, the location of its  principal  place  of  business,  the
names and addresses of, and the amount of the stock held by stockholders

S. 3353--B                         38

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

S. 3353--B                         39

valuable  consideration for an improper or unlawful purpose or to induce
such officer or representative to  subordinate  the  interests  of  such
labor  organization  or  its members in the management of the affairs of
such labor organization to the interests of the applicant.
  4.  When  the  application  shall  have been examined and such further
inquiry and investigation made as the commission shall deem  proper  and
when  the  commission  shall  be  satisfied therefrom that the applicant
possesses  the  qualifications  and  requirements  prescribed  in   this
section, the commission shall issue and deliver a license to such appli-
cant.   The commission may issue a temporary permit to any applicant for
a license under the provisions of this article pending final  action  on
an  application made for such a license.  Any such permit shall be valid
for a period not in excess of thirty days.
  5. A license granted pursuant to this section shall be for a  term  of
two  years  or fraction of such two year period, and shall expire on the
first day of December of each odd numbered year. In  the  event  of  the
death  of  the  licensee,  if  a  natural  person, or its termination or
dissolution by reason of the death of a partner, if a partnership, or if
the licensee shall cease to be a party  to  any  contract  of  the  type
required  by  paragraph  (d)  of  subdivision three of this section, the
license shall terminate ninety days after such event or upon its expira-
tion date, whichever shall be sooner. A license may be  renewed  by  the
commission  for  successive  two  year  periods upon fulfilling the same
requirements as are set forth in this section for an  original  applica-
tion.
  6.  Any  license  issued  pursuant  to  this section may be revoked or
suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of  the  following
offenses on the part of the licensee or of any person required by subdi-
vision  two  of  this  section  to  sign or be identified in an original
application for a license:
  (a) Conviction of a crime or other cause which would permit or require
disqualification of the licensee from receiving a license upon  original
application;
  (b)  Fraud,  deceit or misrepresentation in securing the license or in
the conduct of the licensed activity;
  (c) Failure by the licensee to maintain a complete set  of  books  and
records  containing  a  true  and  accurate  account  of  the licensee's
receipts and disbursements arising out of his activities within the port
of New York district;
  (d) Failure to keep said books and records available  during  business
hours for inspection by the commission and its duly designated represen-
tatives  until  the  expiration of the fifth calendar year following the
calendar year during which occurred the transactions recorded therein;
  (e) Any other offense described in paragraphs (c) to (i) inclusive, of
subdivision seven of section four hundred five of this part.
  S 407.  Prohibition of public loading.  1. The states of New York  and
New  Jersey  hereby  find  and declare that the transfer of cargo to and
from trucks at piers and other waterfront terminals in the port  of  New
York  district  has  resulted in vicious and notorious abuses by persons
commonly known as "public loaders." There is  compelling  evidence  that
such  persons  have  exacted the payment of exorbitant charges for their
services, real and alleged, and otherwise extorted  large  sums  through
force,  threats  of  violence, unauthorized labor disturbances and other
coercive activities, and that they had been responsible for and  abetted
criminal  activities  on  the  waterfront.    These practices which have

S. 3353--B                         40

developed in the port of New York district impose unjustified  costs  on
the  handling of goods in and through the port of New York district, and
increase the prices paid by consumers for food, fuel  and  other  neces-
saries,  and  impair  the  economic  stability  of  the port of New York
district.  It is the sense of the legislatures of the states of New York
and New Jersey that these practices and conditions must be eliminated to
prevent grave injury to the welfare of the people.
  2. It is hereby declared to be against the public policy of the states
of New York and New Jersey and to be unlawful for any person to load  or
unload waterborne freight onto or from vehicles other than railroad cars
at  piers  or  at other waterfront terminals within the port of New York
district, for a fee or other  compensation,  other  than  the  following
persons and their employees:
  (a)  Carriers  of  freight  by water, but only at piers at which their
vessels are berthed;
  (b) Other carriers of freight (including but not limited to  railroads
and  truckers), but only in connection with freight transported or to be
transported by such carriers;
  (c) Operators of piers or other waterfront terminals (including  rail-
roads,  truck  terminal  operators, warehousemen and other persons), but
only at piers or other waterfront terminals operated by them;
  (d) Shippers or consignees of freight, but  only  in  connection  with
freight shipped by such shipper or consigned to such consignee;
  (e)  Stevedores licensed under section four hundred seven of this part
whether or not such waterborne freight has been or is to be  transported
by  a carrier of freight by water with which such stevedore shall have a
contract of the type prescribed by paragraph (d)  of  subdivision  3  of
section 406 of this part.
  Nothing herein contained shall be deemed to permit any such loading or
unloading  of  any waterborne freight at any place by any such person by
means of any independent contractor, or any other agent  other  than  an
employee,  unless  such  independent contractor is a person permitted by
this section to load or unload such freight at such  place  in  his  own
right.
  S   408.   Longshoremen.   1.   The   commission   shall  establish  a
longshoremen's register in which shall be included all  qualified  long-
shoremen  eligible,  as  hereinafter provided, for employment as such in
the port of New York district. On or after the first  day  of  December,
nineteen  hundred  fifty-three,  no  person  shall act as a longshoreman
within the port of New York district unless at the time he  is  included
in  the  longshoremen's  register, and no person shall employ another to
work as a longshoreman within the port of New York  district  unless  at
the time such other person is included in the longshoremen's register.
  2.  Any  person  applying for inclusion in the longshoremen's register
shall file at such place and in such  manner  as  the  commission  shall
designate  a  written  statement,  signed  and  verified by such person,
setting forth his full name, residence address, social security  number,
and  such  further facts and evidence as the commission may prescribe to
establish the identity of such person and his criminal record, if any.
  3. The commission may in its discretion deny application for inclusion
in the longshoremen's register by a person
  (a) Who has been convicted by a court of  the  United  States  or  any
state  or  territory  thereof,  without  subsequent  pardon, of treason,
murder, manslaughter or of any felony or high misdemeanor or of  any  of
the  misdemeanors  or offenses described in paragraph (b) of subdivision

S. 3353--B                         41

three of section 405 of this part or of attempt or conspiracy to  commit
any of such crimes;
  (b)  Who  knowingly  or  willingly advocates the desirability of over-
throwing or destroying the government of the United States by  force  or
violence or who shall be a member of a group which advocates such desir-
ability knowing the purposes of such group include such advocacy;
  (c)  Whose  presence at the piers or other waterfront terminals in the
port of New York district is found by the commission on the basis of the
facts and evidence before it, to constitute a danger to the public peace
or safety.
  4. Unless the commission shall determine to exclude the applicant from
the longshoremen's register on a ground set forth in  subdivision  three
of  this  section  it  shall  include  such person in the longshoremen's
register. The commission may permit temporary registration of any appli-
cant under the provisions of this section pending  final  action  on  an
application made for such registration.  Any such temporary registration
shall be valid for a period not in excess of thirty days.
  5.  The  commission  shall  have  power  to reprimand any longshoreman
registered under this section or to remove him from  the  longshoremen's
register  for such period of time as it deems in the public interest for
any of any following offenses:
  (a) Conviction of a crime or other cause which would permit  disquali-
fication  of  such  person from inclusion in the longshoremen's register
upon original application;
  (b) Fraud, deceit or misrepresentation in securing  inclusion  in  the
longshoremen's register;
  (c) Transfer or surrender of possession to any person either temporar-
ily  or  permanently of any card or other means of identification issued
by the commission as evidence of inclusion in the longshoremen's  regis-
ter, without satisfactory explanation;
  (d)  False impersonation of another longshoreman registered under this
article or of another person licensed under this compact;
  (e) Wilful commission of or wilful attempt to commit at or on a water-
front terminal or adjacent highway any act of  physical  injury  to  any
other  person  or  of  wilful damage to or misappropriation of any other
person's property, unless justified or excused by law;  and
  (f) Any other offense described in subdivisions (c) to  (f)  inclusive
of subdivision seven of section four hundred five of this part.
  6.  The  commission  shall have the right to recover possession of any
card or other means of identification issued as evidence of inclusion in
the longshoremen's register in the event that  the  holder  thereof  has
been removed from the longshoremen's register.
  7.  Nothing  contained  in this article shall be construed to limit in
any way any rights of labor reserved by section four hundred fifteen  of
this part.
  S 409. Regularization of longshoremen's employment. 1. On or after the
first  day  of  December,  nineteen  hundred  fifty-four, the commission
shall, at regular intervals, remove from the longshoremen's register any
person who shall have been registered for at least nine months  and  who
shall  have  failed  during  the preceding six calendar months either to
have worked as a longshoreman in the port of New  York  district  or  to
have  applied for employment as a longshoreman at an employment informa-
tion center established under section four hundred twelve of  this  part
for  such  minimum  number of days as shall have been established by the
commission pursuant to subdivision two of this section.

S. 3353--B                         42

  2. On or before the first day of June, nineteen hundred fifty-four and
on or before each succeeding first day of June or December, the  commis-
sion  shall, for the purposes of subdivision one of this section, estab-
lish for the six-month period beginning on  each  such  date  a  minimum
number of days and the distribution of such days during such period.
  3.  In  establishing  any  such  minimum number of days or period, the
commission shall observe the following standards:
  (a) To encourage as far  as  practicable  the  regularization  of  the
employment of longshoremen;
  (b)  To  bring  the  number of eligible longshoremen more closely into
balance with the demand for longshoremen's services within the  port  of
New  York  district without reducing the number of eligible longshoremen
below that necessary to meet the requirements  of  longshoremen  in  the
port of New York district;
  (c)  To eliminate oppressive and evil hiring practices affecting long-
shoremen and waterborne commerce in the port of New York district;
  (d) To eliminate unlawful practices  injurious  to  waterfront  labor;
and
  (e) To establish hiring practices and conditions which will permit the
termination  of governmental regulation and intervention at the earliest
opportunity.
  4. A longshoreman who has been removed from the longshoremen's  regis-
ter  pursuant to this section may seek reinstatement upon fulfilling the
same requirements as for initial inclusion in the longshoremen's  regis-
ter, but not before the expiration of one year from the date of removal,
except  that  immediate  reinstatement shall be made upon proper showing
that the registrant's failure to work or  apply  for  work  the  minimum
number  of  days  above described was caused by the fact that the regis-
trant was engaged in the military service of the United  States  or  was
incapacitated by ill health, physical injury, or other good cause.
  5. Notwithstanding any other provision of this section, the commission
shall at any time have the power to register longshoremen on a temporary
basis to meet special or emergency needs.
  S  410. Port watchmen. 1. On or after the first day of December, nine-
teen hundred fifty-three, no person shall act as a port watchman  within
the  port  of  New York district without first having obtained a license
from the commission, and no person shall employ a port watchman  who  is
not so licensed.
  2. A license to act as a port watchman shall be issued only upon writ-
ten application, duly verified, which shall state the following:
  (a)  The  full  name,  residence, business address (if any), place and
date of birth and social security number of the applicant;
  (b) The present and previous occupations of the  applicant,  including
the places where he was employed and the names of his employers;
  (c) The citizenship of the applicant and, if he is a naturalized citi-
zen of the United States, the court and date of his naturalization;  and
  (d)  Such further facts and evidence as may be required by the commis-
sion to ascertain the character, integrity and identity  of  the  appli-
cant.
  3. No such license shall be granted
  (a)  Unless  the  commission  shall  be  satisfied  that the applicant
possesses good character and integrity;
  (b) If the applicant has, without subsequent pardon, been convicted by
a court of the United States or of any state or territory thereof of the
commission of, or the attempt or conspiracy to commit, treason,  murder,
manslaughter  or  any felony or high misdemeanor or any of the misdemea-

S. 3353--B                         43

nors or offenses described in paragraph  (b)  of  subdivision  three  of
section four hundred five of this part;
  (c) Unless the applicant shall meet such reasonable standards of phys-
ical and mental fitness for the discharge of his duties as may from time
to time be established by the commission;
  (d) If the applicant shall be a member of any labor organization which
represents  longshoremen  or  pier superintendents or hiring agents; but
nothing in this section shall be deemed to prohibit port  watchmen  from
being  represented by a labor organization or organizations which do not
also represent longshoremen or pier superintendents  or  hiring  agents.
The  American  Federation of Labor, the Congress of Industrial Organiza-
tions and any other similar federation, congress or  other  organization
of  national or international occupational or industrial labor organiza-
tions shall not be considered an  organization  which  represents  long-
shoremen  or pier superintendents or hiring agents within the meaning of
this article although one of the federated or constituent  labor  organ-
izations  thereof  may represent longshoremen or pier superintendents or
hiring agents;
  (e) If the applicant knowingly or wilfully advocates the  desirability
of  overthrowing  or  destroying  the government of the United States by
force or violence or shall be a member of a group which  advocates  such
desirability, knowing the purposes of such group include such advocacy.
  4.  When  the  application  shall  have been examined and such further
inquiry and investigation made as the commission shall deem  proper  and
when  the  commission  shall  be  satisfied therefrom that the applicant
possesses the qualifications and requirements prescribed by this section
and regulations issued pursuant thereto, the commission shall issue  and
deliver  a  license to the applicant.  The commission may issue a tempo-
rary permit to any applicant for a license under the provisions of  this
section  pending final action on an application made for such a license.
Any such permit shall be valid for a period  not  in  excess  of  thirty
days.
  5.  A  license  granted  pursuant to this section shall continue for a
term of three years.  A license may be renewed  by  the  commission  for
successive  three-year  periods upon fulfilling the same requirements as
are set forth in this section for an original application.
  6. Any license issued pursuant to  this  section  may  be  revoked  or
suspended for such period as the commission deems in the public interest
or  the  licensee thereunder may be reprimanded for any of the following
offenses:
  (a) Conviction of a crime or other cause which would permit or require
his disqualification from receiving a license upon original application;
  (b) Fraud, deceit or misrepresentation in securing the license;  and
  (c) Any other offense described in subdivisions (c) to (i), inclusive,
of subdivision seven of section four hundred five of this part.
  S 411. Hearings, determinations and review. 1.  The  commission  shall
not  deny  any  application for a license or registration without giving
the applicant or prospective licensee reasonable  prior  notice  and  an
opportunity to be heard.
  2.   Any   application   for   a  license  or  for  inclusion  in  the
longshoremen's register, and any license issued  or  registration  made,
may be denied, revoked, cancelled, suspended as the case may be, only in
the manner prescribed in this section.
  3.  The  commission  may  on its own initiative or on complaint of any
person, including any public official or agency,  institute  proceedings
to revoke, cancel or suspend any license or registration after a hearing

S. 3353--B                         44

at which the licensee or registrant and any person making such complaint
shall  be  given  an opportunity to be heard, provided that any order of
the commission revoking, cancelling or suspending any license or  regis-
tration  shall not become effective until fifteen days subsequent to the
serving of notice thereof upon the licensee or registrant unless in  the
opinion of the commission the continuance of the license or registration
for such period would be inimicable to the public peace or safety.  Such
hearings  shall  be  held  in such manner and upon such notice as may be
prescribed by the rules of the commission, but such notice shall  be  of
not less than ten days and shall state the nature of the complaint.
  4.  Pending  the determination of such hearing pursuant to subdivision
three of this section the commission may temporarily suspend  a  license
or  registration  if in the opinion of the commission the continuance of
the license or registration for such period is inimicable to the  public
peace or safety.
  5.  The  commission, or such member, officer, employee or agent of the
commission as may be designated by  the  commission  for  such  purpose,
shall  have  the  power  to  issue subpoenas to compel the attendance of
witnesses and the giving of testimony or production  of  other  evidence
and to administer oaths in connection with any such hearing. It shall be
the  duty  of the commission or of any such member, officer, employee or
agent of the commission designated by the commission for such purpose to
issue subpoenas at the request of  and  upon  behalf  of  the  licensee,
registrant  or  applicant.  The commission or such person conducting the
hearing shall not be bound by common law or statutory rules of  evidence
or  by  technical  or  formal  rules of procedure in the conduct of such
hearing.
  6. Upon the conclusion of the hearing, the commission shall take  such
action upon such findings and determination as it deems proper and shall
execute  an order carrying such findings into effect.  The action in the
case of an application for a license or registration shall be the grant-
ing or denial thereof.  The action in the case of a  licensee  shall  be
revocation  of  the  license or suspension thereof for a fixed period or
reprimand or a dismissal of the charges.  The action in the  case  of  a
registered  longshoreman shall be dismissal of the charges, reprimand or
removal from the longshoremen's register for a fixed  period  or  perma-
nently.
  7.  The  action  of  the  commission  in denying any application for a
license or in refusing to  include  any  person  in  the  longshoremen's
register under this compact or in suspending or revoking such license or
removing  any person from the longshoremen's register or in reprimanding
a licensee or registrant shall  be  subject  to  judicial  review  by  a
proceeding  instituted in either state at the instance of the applicant,
licensee or registrant in the manner provided by the law of  such  state
for review of the final decision or action of administrative agencies of
such  state, provided, however, that notwithstanding any other provision
of law the court shall have power to stay for not more than thirty  days
an  order of the commission suspending or revoking a license or removing
a longshoreman from the longshoremen's register.
  S 412. Employment information centers. 1. The states of New  York  and
New  Jersey  hereby  find  and  declare that the method of employment of
longshoremen and port watchmen in the port of New York district, common-
ly known as the  "shape-up",  has  resulted  in  vicious  and  notorious
abuses,  of which such employees have been the principal victims.  There
is compelling evidence that the "shape-up" has permitted and  encouraged
extortion  from  employees as the price of securing or retaining employ-

S. 3353--B                         45

ment and has subjected such employees to threats of violence,  unwilling
joinder  in  unauthorized  labor disturbances and criminal activities on
the waterfront.  The "shape-up" has thus resulted in a loss of fundamen-
tal  rights  and liberties of labor, has impaired the economic stability
of the port of New York district and weakened law  enforcement  therein.
It  is  the  sense of the legislatures of the states of New York and New
Jersey that these practices and conditions must be eliminated to prevent
grave injury to the welfare of waterfront laborers and of the people  at
large  and  that the elimination of the "shape-up" and the establishment
of a system  of  employment  information  centers  are  necessary  to  a
solution of these public problems.
  2.  The commission shall establish and maintain one or more employment
information centers in each state within the port of New  York  district
at  such  locations  as it may determine.   No person shall, directly or
indirectly, hire any person for work as a longshoreman or port  watchman
within  the  port  of  New York district, except through such particular
employment information center or centers as may  be  prescribed  by  the
commission.   No person shall accept any employment as a longshoreman or
port watchman within the port of New York district, except through  such
an  employment  information center.  At each such employment information
center the commission shall keep and exhibit the longshoremen's register
and any other records it shall determine to the  end  that  longshoremen
and  port  watchmen  shall  have the maximum information as to available
employment as such at any time within the port of New York district  and
to  the  end  that  employers shall have an adequate opportunity to fill
their requirements of registered longshoremen and port watchmen  at  all
times.
  3.  Every employer of longshoremen or port watchmen within the port of
New York district shall furnish such information as may be  required  by
the  rules  and  regulations prescribed by the commission with regard to
the name of each person hired as a longshoreman or  port  watchman,  the
time  and  place  of  hiring, the time, place and hours of work, and the
compensation therefor.
  4. All wage payments to longshoremen or port watchmen for work as such
shall be made by check or cash evidenced by a written voucher  receipted
by  the person to whom such cash is paid. The commission may arrange for
the provision of facilities for cashing such checks.
  S 413.  Expenses  of  administration.  1.  By  concurrent  legislation
enacted  by  their  respective  legislatures, the two states may provide
from time to time for meeting the commission's expenses.    Until  other
provision shall be made, such expense shall be met as authorized in this
section.
  2.  The  commission  shall annually adopt a budget of its expenses for
each year.  Each budget shall be submitted to the governors of  the  two
states  and shall take effect as submitted provided that either governor
may within thirty days disapprove or reduce any item or items,  and  the
budget shall be adjusted accordingly.
  3. After taking into account such funds as may be available to it from
reserves,  federal  grants or otherwise, the balance of the commission's
budgeted expenses shall be assessed upon employers of persons registered
or licensed under this compact. Each such  employer  shall  pay  to  the
commission  as  assessment computed upon the gross payroll payments made
by such employer to longshoremen, pier  superintendents,  hiring  agents
and  port  watchmen  for  work or labor performed within the port of New
York district, at a rate, not in excess of two per cent, computed by the
commission in the following manner; the commission shall annually  esti-

S. 3353--B                         46

mate  the  gross  payroll  payments  to  be made by employers subject to
assessment and shall compute a rate thereon which  will  yield  revenues
sufficient to finance the commission's budget for each year.  Such budg-
et  may  include a reasonable amount for a reserve but such amount shall
not exceed ten per cent of the total of all other items  of  expenditure
contained  therein.  Such reserve shall be used for the stabilization of
annual assessments, the payment of operating deficits and for the repay-
ment of advances made by the two states.
  4. The amount required to balance the commission's budget,  in  excess
of  the estimated yield of the maximum assessment, shall be certified by
the commission, with the approval of the respective  governors,  to  the
legislatures  of  the two states, in proportion to the gross annual wage
payments made to longshoremen for work in each state within the port  of
New  York district.   The legislatures shall annually appropriate to the
commission the amount so certified.
  5. The commission may provide by regulation  for  the  collection  and
auditing  of  assessments.   Such assessments hereunder shall be payable
pursuant to such provisions for administration, collection and  enforce-
ment  as  the states may provide by concurrent legislation.  In addition
to any other sanction provided by law,  the  commission  may  revoke  or
suspend any license held by any person under this compact, or his privi-
lege of employing persons registered or licensed hereunder, for non-pay-
ment of any assessment when due.
  6.  The  assessment hereunder shall be in lieu of any other charge for
the issuance of licenses to  stevedores,  pier  superintendents,  hiring
agents  and pier watchmen or for the registration of longshoremen or the
use of an employment information center.  The commission shall establish
reasonable procedures for the  consideration  of  protests  by  affected
employers  concerning  the  estimates  and  computation  of  the rate of
assessment.
  S 414. General violations; prosecutions; penalties.  1. The failure of
any witness, when duly subpoenaed to attend, give testimony  or  produce
other  evidence, whether or not at a hearing, shall be punishable by the
superior court in New Jersey and the supreme court in New  York  in  the
same manner as said failure is punishable by such court in a case there-
in pending.
  2.  Any  person who, having been sworn or affirmed as a witness in any
such hearing, shall wilfully give false testimony or who shall  wilfully
make  or  file  any  false or fraudulent report or statement required by
this compact to be made or filed under oath, shall be guilty of a misde-
meanor, punishable by a fine of not more than one  thousand  dollars  or
imprisonment for not more than one year or both.
  3.  Any  person  who  violates or attempts or conspires to violate any
other provision of this compact shall be punishable as may  be  provided
by the two states by action of the legislature of either state concurred
in by the legislature of the other.
  4.  Any person who interferes with or impedes the orderly registration
of longshoremen pursuant to this compact or who conspires to or attempts
to interfere with or impede such registration shall be punishable as may
be provided by the two states by action of  the  legislature  of  either
state concurred in by the legislature of the other.
  5.  Any  person  who  directly  or indirectly inflicts or threatens to
inflict any injury, damage, harm or loss or in any  other  manner  prac-
tices  intimidation  upon  or  against  any person in order to induce or
compel such person or any  other  person  to  refrain  from  registering
pursuant  to  this compact shall be punishable as may be provided by the

S. 3353--B                         47

two states by action of the legislature of either state concurred in  by
the legislature of the other.
  6.  In  any  prosecution under this compact, it shall be sufficient to
prove only a single act (or a single holding out or attempt)  prohibited
by law, without having to prove a general course of conduct, in order to
prove a violation.
  S  415.  Collective  bargaining  safeguarded.   1. This compact is not
designed and shall not be construed to  limit  in  any  way  any  rights
granted or derived from any other statute or any rule of law for employ-
ees  to  organize in labor organizations, to bargain collectively and to
act in any other  way  individually,  collectively,  and  through  labor
organizations  or  other representatives of their own choosing.  Without
limiting the generality of the  foregoing,  nothing  contained  in  this
compact shall be construed to limit in any way the right of employees to
strike.
  2. This compact is not designed and shall not be construed to limit in
any  way any rights of longshoremen, hiring agents, pier superintendents
or port watchmen or their employers to bargain  collectively  and  agree
upon any method for the selection of such employees by way of seniority,
experience,  regular  gangs  or  otherwise, provided that such employees
shall be licensed or registered hereunder and such longshoremen and port
watchmen shall be hired only through the employment information  centers
established  hereunder  and that all other provisions of this compact be
observed.
  S 416. Amendments; construction;  short  title.    1.  Amendments  and
supplements  to  this  compact  to implement the purposes thereof may be
adopted by the action of the legislature of either state concurred in by
the legislature of the other.
  2. If any part or provision of this compact or the application thereof
to any person or circumstances be  adjudged  invalid  by  any  court  of
competent jurisdiction, such judgment shall be confined in its operation
to  the  part, provision or application directly involved in the contro-
versy in which such judgment shall have  been  rendered  and  shall  not
affect  or  impair  the validity of the remainder of this compact or the
application thereof to other persons or circumstances and the two states
hereby declare that they would have entered into  this  compact  or  the
remainder  thereof  had  the invalidity of such provision or application
thereof been apparent.
  3. In accordance with the ordinary rules for  construction  of  inter-
state  compacts  this  compact shall be liberally construed to eliminate
the evils described therein and to effectuate the purposes thereof.

                                 PART II

  S 417. Waterfront commission compact.  This compact shall be known and
may be cited as the "Waterfront Commission Compact."
  S 418. Expenses of administration.   1. Every person  subject  to  the
payment  of  any assessment under the provisions of subdivision three of
section four hundred thirteen of this article shall file  on  or  before
the  fifteenth  day  of  the first month of each calendar quarter-year a
separate return, together with the payment of the  assessment  due,  for
the  preceding  calendar  quarter-year during which any payroll payments
were made to longshoremen, pier superintendents, hiring agents  or  port
watchmen for work performed as such within the district.  Returns cover-
ing  the amount of assessment payable shall be filed with the commission
on forms to be furnished for such purpose and shall contain  such  data,

S. 3353--B                         48

information or matter as the commission may require to be included ther-
ein.  The commission may grant a reasonable extension of time for filing
returns,  or  for the payment of assessment, whenever good cause exists.
Every  return  shall  have annexed thereto a certification to the effect
that the statements contained therein are true.
  2. Every person subject to the payment of assessment  hereunder  shall
keep  an  accurate record of his employment of longshoremen, pier super-
intendents, hiring agents or port watchmen, which shall show the  amount
of  compensation  paid  and such other information as the commission may
require.  Such records shall be preserved for a period  of  three  years
and  be  open  for  inspection at reasonable times.   The commission may
consent to the destruction of any such records at any  time  after  said
period or may require that they be kept longer, but not in excess of six
years.
  3.  (a) The commission shall audit and determine the amount of assess-
ment due from the return filed and such other information as  is  avail-
able  to  it.    Whenever  a  deficiency in payment of the assessment is
determined the commission shall give notice of any such determination to
the person liable  therefor.    Such  determination  shall  finally  and
conclusively  fix  the  amount due, unless the person against whom it is
assessed shall, within thirty days after the giving of  notice  of  such
determination,  apply  in  writing  to  the commission for a hearing, or
unless the commission on its own motion shall reduce the  same.    After
such  hearing,  the  commission shall give notice of its decision to the
person liable therefor.  A determination of the  commission  under  this
section  shall  be  subject  to judicial review, if application for such
review is made within thirty days after the giving  of  notice  of  such
decision.    Any  determination  under this section shall be made within
five years from the time the return was filed and if no return was filed
such determination may be made at any time.
  (b) Any notice authorized or required under this section may be  given
by  mailing  the  same to the person for whom it is intended at the last
address given by him to the commission, or in the last return  filed  by
him  with  the  commission under this section, or, if no return has been
filed then to such address as may be obtainable.   The mailing  of  such
notice  shall  be  presumptive  evidence  of  the receipt of same by the
person to whom addressed.   Any period  of  time,  which  is  determined
according  to  the  provision  of this section, for the giving of notice
shall commence to run from the date of mailing of such notice.
  4. Whenever any person shall fail to  pay,  within  the  time  limited
herein,  any  assessment  which  he is required to pay to the commission
under the provisions of this section the commission may enforce  payment
of  such  fee  by  civil  action  for the amount of such assessment with
interest and penalties.
  5. The employment by a nonresident of a longshoreman,  or  a  licensed
pier  superintendent,  hiring  agent or port watchman in either state or
the designation by a nonresident of a longshoreman, pier superintendent,
hiring agent or port watchman to perform work in  such  state  shall  be
deemed equivalent to an appointment by such nonresident of the secretary
of  state of such state to be his true and lawful attorney upon whom may
be served the process in any action or proceeding  against  him  growing
out  of  any  liability  for  assessments,  penalties or interest, and a
consent that any such process against him which is so served shall be of
the same legal force and validity as if served on him personally  within
such  state  and  within  the territorial jurisdiction of the court from
which the process issues.  Service of process within either state  shall

S. 3353--B                         49

be  made  by  either  (1)  personally delivering to and leaving with the
secretary of state or a deputy secretary of state of such  state  dupli-
cate  copies  thereof  at  the  office of the department of state in the
capitol city of such state, in which event such secretary of state shall
forthwith  send  by  registered mail one of such copies to the person at
the last address designated by him to the  commission  for  any  purpose
under this section or in the last return filed by him under this section
with  the commission or as shown on the records of the commission, or if
no return has been filed, at  his last known office  address  within  or
without such state, or (2) personally delivering to and leaving with the
secretary  of  state or a deputy secretary of state of such state a copy
thereof at the office of the department of state in the capitol city  of
such  state  and  by delivering a copy thereof to the person, personally
without such state.  Proof of such personal service without  such  state
shall be filed with the clerk of the court in which the process is pend-
ing  within  thirty  days  after  such service and such service shall be
complete ten days after proof thereof is filed.
  6. Whenever the commission shall determine that any moneys received as
assessments were paid in error, it may cause the same  to  be  refunded,
provided an application therefor is filed with the commission within two
years from the time the erroneous payment was made.
  7.  In  addition to any other powers authorized hereunder, the commis-
sion shall have power to make reasonable rules and regulations to effec-
tuate the purposes of this section.
  8. When any person shall wilfully fail to pay any assessment due here-
under he shall be assessed interest at a rate of one per cent per  month
on  the  amount  due  and  unpaid  and penalties of five per cent of the
amount due for each thirty days or  part  thereof  that  the  assessment
remains unpaid.  The commission, may, for good cause shown, abate all or
part of such penalty.
  9.  Any person who shall wilfully furnish false or fraudulent informa-
tion or  shall  wilfully  fail  to  furnish  pertinent  information,  as
required,  with respect to the amount of assessment due, shall be guilty
of a misdemeanor, punishable by a fine of not  more  than  one  thousand
dollars, or imprisonment for not more than one year, or both.
  10. All funds of the commission shall be deposited with such responsi-
ble  banks  or  trust  companies as may be designated by the commission.
The commission may require that all such deposits be  secured  by  obli-
gations  of the United States or of the states of New York or New Jersey
of a market value equal at all times to the amount of the deposits,  and
all  banks  and trust companies are authorized to give such security for
such deposits.  The moneys so deposited shall be withdrawn only by check
signed by both members of the commission or by such  other  officers  or
employees of the commission as it may from time to time designate.
  11.  The  accounts, books and records of the commission, including its
receipts, disbursements, contracts, leases, investments  and  any  other
matters relating to its financial standing shall be examined and audited
annually  by independent auditors to be retained for such purpose by the
commission.
  S 419. Reimbursement.  The commission shall reimburse each  state  for
any  funds  advanced  to  the  commission exclusive of sums appropriated
pursuant to subdivision four of section four hundred  thirteen  of  this
article.
  S  420. Penalties.  Any person who shall violate any of the provisions
of the compact or of section four hundred  eighteen  of  this  part  for
which  no  other penalty is prescribed shall be guilty of a misdemeanor,

S. 3353--B                         50

punishable by a fine of not more than five hundred dollars or by  impri-
sonment for not more than one year, or both.
  S 421. Federal funds.  1. The waterfront commission of New York harbor
is  hereby  designated on its own behalf or as agent of the state of New
York and the state of New Jersey, as provided by the act of the congress
of the United States, effective June  sixth,  nineteen  hundred  thirty-
three,  entitled  "An act to provide for the establishment of a national
employment system and for cooperating with the states in  the  promotion
of  such  system  and for other purposes" as amended, for the purpose of
obtaining such benefits of such act of  congress  as  are  necessary  or
appropriate to the establishment and operation of employment information
centers authorized by section four hundred twelve of this article.
  2.  The  commission  shall have all powers necessary to cooperate with
appropriate officers or agencies of either state or the  United  States,
to  take  such  steps,  to  formulate  such  plans,  and to execute such
projects (including but not limited to the establishment  and  operation
of  employment  information  centers) as may be necessary to obtain such
benefits for the operations  of  the  commission  in  accomplishing  the
purposes of this article.
  3.  The  officer  or  agency  heretofore designated by each of the two
states pursuant to said act of  June  sixth,  nineteen  hundred  thirty-
three,  as amended, is authorized and empowered, upon the request of the
commission and subject to its direction,  to  exercise  the  powers  and
duties conferred upon the commission by the provisions of this section.
  S  422. Supplementary definitions.  As used in the compact established
by part I of this article:
  1. "Stevedore" shall also include (a) contractors engaged for  compen-
sation pursuant to a contract or arrangement with the United States, any
state  or territory thereof, or any department, division, board, commis-
sion or authority of one or more of the  foregoing,  in  moving  freight
carried  or  consigned for carriage between any point in the port of New
York district and a point outside said district on  vessels  of  such  a
public  agency  berthed  at  piers,  on  piers at which such vessels are
berthed or at other waterfront terminals, or
  (b) contractors (not including  employees)  engaged  for  compensation
pursuant  to  a contract or arrangement with any person to perform labor
or services incidental to the movement of waterborne freight on  vessels
berthed  at piers, on piers or at other waterfront terminals, including,
but not limited to, cargo storage, cargo repairing,  coopering,  general
maintenance,   mechanical  and  miscellaneous  work,  horse  and  cattle
fitting, grain ceiling, and marine carpentry, or
  (c) contractors (not including  employees)  engaged  for  compensation
pursuant  to  a contract or arrangement with any other person to perform
labor or services involving, or incidental to, the movement  of  freight
into or out of containers (which have been or which will be carried by a
carrier of freight by water) on vessels berthed at piers, on piers or at
other waterfront terminals.
  2.  "Waterborne freight" shall also include freight described in para-
graphs (a) and (c) of subdivision one of this section and in subdivision
ten of this section and ships' stores, baggage and mail  carried  by  or
consigned for carriage by carriers of freight by water.
  3.  "Court  of  the United States" shall mean all courts enumerated in
section four hundred fifty-one  of  title  twenty-eight  of  the  United
States  code  and  the  courts-martial of the armed forces of the United
States.

S. 3353--B                         51

  4. "Witness" shall mean any person whose testimony is desired  in  any
investigation, interview or other proceeding conducted by the commission
pursuant to the provisions of this article.
  5.  "Checker"  shall  mean a longshoreman who is employed to engage in
direct and immediate checking of waterborne freight or of the  custodial
accounting  therefor  or  in  the  recording  or tabulation of the hours
worked at  piers  or  other  waterfront  terminals  by  natural  persons
employed by carriers of freight by water or stevedores.
  6.  "Longshoreman"  shall  also include a natural person, other than a
hiring agent, who is employed for work at a  pier  or  other  waterfront
terminal:
  (a)  either  by  a carrier of freight by water or by a stevedore phys-
ically to perform labor or services incidental to the movement of water-
borne freight on vessels berthed at piers, on piers or at  other  water-
front  terminals,  including,  but  not  limited  to,  cargo  repairmen,
coopers, general maintenance men, mechanical and miscellaneous  workers,
horse and cattle fitters, grain ceilers and marine carpenters, or
  (b)  by  any person physically to move waterborne freight to or from a
barge, lighter or railroad car for transfer to or from  a  vessel  of  a
carrier  of  freight  by  water  which  is, shall be, or shall have been
berthed at the same pier or other waterfront terminal, or
  (c) by any person to perform labor or  services  involving,  or  inci-
dental  to,  the movement of freight at a waterfront terminal as defined
in subdivision ten of this section.
  7. "Compact" shall also include any amendments or supplements  to  the
waterfront  commission compact to implement the purposes thereof adopted
by the action of the legislature of either the state of New York or  the
state  of New Jersey concurred in by the legislature of the other and as
established by part I of this article.
  8. The term "select any longshoreman for employment" in the definition
of a hiring agent in this act shall include selection of  a  person  for
the commencement or continuation of employment as a longshoreman, or the
denial or termination of employment as a longshoreman.
  9. "Hiring agent" shall also include any natural person, who on behalf
of any other person shall select any longshoreman for employment.
  10.  "Other  waterfront  terminal"  shall  also include any warehouse,
depot or other terminal (other than a pier), whether enclosed  or  open,
which  is  located in a marine terminal in the port of New York district
and any part of which is used by any person to perform labor or services
involving, or incidental to,  the  movement  of  waterborne  freight  or
freight.
  As  used  in  this  section,  "marine  terminal"  means  an area which
includes piers, which is used primarily  for  the  moving,  warehousing,
distributing or packing of waterborne freight or freight to or from such
piers,  and which, inclusive of such piers, is under common ownership or
control;  "freight" means freight which has been, or will be, carried by
or consigned for carriage by  a  carrier  of  freight  by  water;    and
"container"  means any receptacle, box, carton or crate which is specif-
ically designed and constructed so that it may be  repeatedly  used  for
the carriage of freight by a carrier of freight by water.
  Whenever,  as a result of legislative amendments to this article or of
a ruling by the commission, registration as a longshoreman  is  required
for  any  person  to  continue  in  his employment, such person shall be
registered as a longshoreman without regard to the provisions of section
four hundred thirty-four of this  part,  provided,  however,  that  such

S. 3353--B                         52

person  satisfies  all the other requirements of this article for regis-
tration as a longshoreman.
  S 423. Additional powers of the commission.  In addition to the powers
and  duties  elsewhere described in this part, the commission shall have
the following powers:
  1. To issue temporary permits and permit temporary registrations under
such terms and conditions as the commission may prescribe which shall be
valid for a period to be fixed by the commission not in  excess  of  six
months.
  2.  To  require  any  applicant  for  a license or registration or any
prospective licensee to furnish such facts and evidence as  the  commis-
sion  may deem appropriate to enable it to ascertain whether the license
or registration should be granted.
  3. In any case in which the commission has the power to revoke, cancel
or suspend any stevedore license the  commission  shall  also  have  the
power  to  impose  as an alternative to such revocation, cancellation or
suspension, a penalty, which the  licensee  may  elect  to  pay  to  the
commission  in  lieu  of the revocation, cancellation or suspension. The
maximum penalty  shall  be  five  thousand  dollars  for  each  separate
offense.  The commission may, for good cause shown, abate all or part of
such penalty.
  4. To designate any officer, agent or employee of the commission to be
an  investigator  who  shall be vested with all the powers of a peace or
police officer of the state of New York in that state, and of the  state
of New Jersey in that state.
  5. To confer immunity, in the following manner:  In any investigation,
interview  or other proceeding conducted under oath by the commission or
any duly authorized officer, employee or  agent  thereof,  if  a  person
refuses  to  answer  a question or produce evidence of any other kind on
the ground that he may be  incriminated  thereby,  and,  notwithstanding
such  refusal,  an  order  is  made upon twenty-four hours prior written
notice to the appropriate attorney general of the state of New  York  or
the  state  of  New  Jersey, and to the appropriate district attorney or
prosecutor having an official interest therein, by the unanimous vote of
both members of the commission or their designees appointed pursuant  to
the  provisions  of  subdivision  three of section four hundred three of
this article, that such  person  answer  the  question  or  produce  the
evidence,  such  person  shall  comply  with the order.   If such person
complies with the order, and if, but for this subdivision, he would have
been privileged to withhold the answer given or the evidence produced by
him, then immunity shall be conferred upon him, as provided for herein.
  "Immunity" as used in this subdivision means that  such  person  shall
not  be  prosecuted  or subjected to any penalty or forfeiture for or on
account of any transaction, matter or thing concerning which, in accord-
ance with the order by the unanimous vote of both members of the commis-
sion or their designees appointed pursuant to the provisions of subdivi-
sion three of section four hundred three of this article, he gave answer
or produced evidence, and that no such answer given or evidence produced
shall be received against him upon any criminal proceeding.  But he  may
nevertheless be prosecuted or subjected to penalty or forfeiture for any
perjury  or contempt committed in answering, or failing to answer, or in
producing or failing to produce evidence, in accordance with the  order,
and  any  such  answer  given  or  evidence produced shall be admissible
against him upon any criminal  proceeding  concerning  such  perjury  or
contempt.

S. 3353--B                         53

  Immunity  shall  not be conferred upon any person except in accordance
with the provisions of this subdivision.  If, after compliance with  the
provisions of this subdivision, a person is ordered to answer a question
or  produce evidence of any other kind and complies with such order, and
it  is  thereafter  determined  that the appropriate attorney general or
district attorney or prosecutor having an official interest therein  was
not  notified,  such failure or neglect shall not deprive such person of
any immunity otherwise properly conferred upon him.
  6. To require any applicant for registration as  a  longshoreman,  any
applicant  for  registration as a checker or any applicant for registra-
tion as a telecommunications system controller and  any  person  who  is
sponsored  for  a  license as a pier superintendent or hiring agent, any
person who is an individual owner  of  an  applicant  stevedore  or  any
persons  who  are  individual partners of an applicant stevedore, or any
officers, directors or stockholders owning five percent or more  of  any
of  the stock of an applicant corporate stevedore or any applicant for a
license as a port watchman or any other category of applicant for regis-
tration or licensing by law within the commission's jurisdiction  to  be
fingerprinted by the commission.
  7.  To  require  any applicant for registration as a longshoreman, any
applicant for registration as a checker or any applicant  for  registra-
tion  as  a  telecommunications  system controller and any person who is
sponsored for a license as a pier superintendent or  hiring  agent,  any
person  who  is  an  individual  owner  of an applicant stevedore or any
persons who are individual partners of an applicant  stevedore,  or  any
officers,  directors  or stockholders owning five percent or more of any
of the stock of an applicant corporate stevedore or any applicant for  a
license as a port watchman or any other category of applicant for regis-
tration  or  licensing  by  law within the commission's jurisdiction who
has: previously applied and had an application denied  upon  submission;
been  removed from registration; or, had a license suspended, or revoked
and is reapplying for registration or licensing within the  commission's
jurisdiction to be fingerprinted by the commission.
  8. To exchange fingerprint data with and receive state criminal histo-
ry record information from the division of criminal justice services, as
defined  in subdivision one of section three thousand thirty-five of the
education law of the state of New York,  and  federal  criminal  history
record  information  from the federal bureau of investigation for use in
making the determinations required by this part.
  9. Notwithstanding any other provision of  law  to  the  contrary,  to
require  any  applicant  for  employment  by  the  commission  or person
described in subdivision seven of this section to be  fingerprinted  and
to  exchange  fingerprint  data  with and receive state criminal history
record information from the division of criminal  justice  services,  as
defined  in subdivision one of section three thousand thirty-five of the
education law of the state of New York,  and  federal  criminal  history
information from the federal bureau of investigation for the purposes of
this subdivision and subdivisions six, seven and eight of this section.
  S  424. Regularization of longshoremen's employment.  1. Notwithstand-
ing any other provisions of section four hundred nine of  this  article,
the  commission  shall  have the power to remove from the longshoremen's
register any person (including those persons registered as  longshoremen
for  less  than  nine  months) who shall have failed to have worked as a
longshoreman in the port of New York district for such minimum number of
days during a period of time as  shall  have  been  established  by  the
commission.  In  administering  this  section,  the  commission,  in its

S. 3353--B                         54

discretion, may count applications for employment as a  longshoreman  at
an  employment information center established under section four hundred
twelve of this article as constituting actual work  as  a  longshoreman,
provided,  however,  that  the commission shall count as actual work the
compensation received by any longshoreman  pursuant  to  the  guaranteed
wage provisions of any collective bargaining agreement relating to long-
shoremen. Prior to the commencement of any period of time established by
the  commission pursuant to this section, the commission shall establish
for such period the minimum number of days  of  work  required  and  the
distribution  of  such  days during such period and shall also determine
whether or not application for employment as  a  longshoreman  shall  be
counted  as  constituting  actual work as a longshoreman. The commission
may classify longshoremen according to length of service as a longshore-
man and such other criteria as may be reasonable and necessary to  carry
out the provisions of this part.  The commission shall have the power to
vary  the requirements of this section with respect to their application
to the various classifications of longshoremen.  In  administering  this
section, the commission shall observe the standards set forth in section
four  hundred thirty-four of this part. Nothing in this section shall be
construed to modify, limit or restrict in any  way  any  of  the  rights
protected  by  article  XV  of the compact established by part I of this
article.
  S 425. Additional violations.  Any person who, having been duly  sworn
or  affirmed  as  a  witness  in  any  investigation, interview or other
proceeding conducted by the commission pursuant  to  the  provisions  of
this  part,  shall  wilfully  give  false testimony shall be guilty of a
misdemeanor punishable by a fine of not more than one  thousand  dollars
or imprisonment for not more than one year or both.
  S  426. Hearings.  1. At hearings conducted by the commission pursuant
to section four hundred eleven of this article, applicants,  prospective
licensees, licensees and registrants shall have the right to be accompa-
nied and represented by counsel.
  2.  After  the  conclusion  of a hearing but prior to the making of an
order by the commission,  a  hearing  may,  upon  petition  and  in  the
discretion  of  the hearing officer, be reopened for the presentation of
additional evidence.  Such petition to reopen the hearing shall state in
detail the nature of the additional evidence, together with the  reasons
for  the  failure to submit such evidence prior to the conclusion of the
hearing.  The commission may upon its own  motion  and  upon  reasonable
notice reopen a hearing for the presentation of additional evidence.
  Upon petition, after the making of an order of the commission, rehear-
ing may be granted in the discretion of the commission.  Such a petition
for  rehearing shall state in detail the grounds upon which the petition
is based and shall separately set forth  each  error  of  law  and  fact
alleged  to  have  been  made  by  the  commission in its determination,
together with the facts and arguments in support thereof.  Such petition
shall be filed with the commission not  later  than  thirty  days  after
service  of such order, unless the commission for good cause shown shall
otherwise direct.
  The commission may upon its own motion grant  a  rehearing  after  the
making of an order.
  S  427.  Denial of applications.  In addition to the grounds elsewhere
set forth in this article, the commission may deny an application for  a
license or registration for any of the following:
  1. Conviction by a court of the United States or any state or territo-
ry thereof of coercion;

S. 3353--B                         55

  2.  Conviction  by  any  such  court,  after  having  been  previously
convicted by any such court of any crime or of the offenses  hereinafter
set  forth, of a misdemeanor or any of the following offenses:  assault,
malicious injury to property, malicious mischief, unlawful taking  of  a
motor  vehicle,  corruption  of  employees  or  possession of lottery or
number slips;  or
  3. Fraud, deceit or misrepresentation in connection with any  applica-
tion  or  petition submitted to, or any interview, hearing or proceeding
conducted by the commission.
  4. Violation of any provision  of  this  part  or  commission  of  any
offense thereunder.
  5.  Refusal  on the part of any applicant, or prospective licensee, or
of any member, officer or stockholder required  by  subdivision  two  of
section  four hundred six of this article to sign or be identified in an
application for a stevedore license, to answer any material question  or
produce  any material evidence in connection with his application or any
application made on his behalf for a license or registration pursuant to
this part.
  6. Association with a person who has been  identified  by  a  federal,
state,  or  local  law enforcement agency as a member or associate of an
organized crime group, a terrorist group, or a career  offender  cartel,
or  who is a career offender, under circumstances where such association
creates a reasonable belief that the participation of the  applicant  in
any  activity required to be licensed under this article would be inimi-
cal to the policies of this article. For the purpose  of  this  section,
(a) a terrorist group shall mean a group associated, affiliated or fund-
ed  in  whole  or  in part by a terrorist organization designated by the
secretary of state in accordance with section 219 of the immigration and
nationality act, as amended from time to time, or any other organization
which assists, funds or engages in acts of terrorism as defined  in  the
laws  of the United States, or of either of the states of New York (such
as subdivision one of section 490.05 of the penal law)  or  New  Jersey;
and  (b) a career offender shall mean a person whose behavior is pursued
in an occupational manner or context for the purpose  of  economic  gain
utilizing  such  methods  as  are deemed criminal violations against the
public policy of the states of New York and New  Jersey,  and  a  career
offender  cartel  shall  mean  a  number  of  career offenders acting in
concert, and may include what is commonly referred to  as  an  organized
crime group.
  7. Conviction of a racketeering activity or knowing association with a
person  who  has been convicted of a racketeering activity by a court of
the United States or any state or territory thereof under  circumstances
where  such  association  creates  a  reasonable belief that the partic-
ipation of the applicant in any activity required to be  licensed  under
this part would be inimical to the policies of this part.
  S  428.  Revocation of licenses and registrations.  In addition to the
grounds elsewhere set forth in this part, any  license  or  registration
issued  or  made  pursuant  thereto may be revoked or suspended for such
period as the commission deems in the public interest or the licensee or
registrant may be reprimanded, for:
  1. Conviction of any crime or offense in relation to  gambling,  book-
making,  pool  selling,  lotteries  or similar crimes or offenses if the
crime or offense was committed at or  on  a  pier  or  other  waterfront
terminal or within five hundred feet thereof;  or
  2. Wilful commission of, or wilful attempt to commit at or on a water-
front  terminal  or  adjacent highway, any act of physical injury to any

S. 3353--B                         56

other person or of wilful damage to or  misappropriation  of  any  other
person's property, unless justified or excused by law;  or
  3.  Receipt or solicitation of anything of value from any person other
than a licensee's or registrant's  employer  as  consideration  for  the
selection or retention for employment of such licensee or registrant; or
  4. Coercion of a licensee or registrant by threat of discrimination or
violence  or economic reprisal, to make purchases from or to utilize the
services of any person;  or
  5. Refusal to answer any material question  or  produce  any  evidence
lawfully  required  to  be  answered  or  produced at any investigation,
interview or other proceeding conducted by the  commission  pursuant  to
the  provisions of this article, or, if such refusal is accompanied by a
valid plea of privilege against self-incrimination, refusal to  obey  an
order  to  answer  such  question  or  produce such evidence made by the
commission pursuant to the provisions of  subdivision  five  of  section
four hundred twenty-three of this part.
  6.  Association  with  a  person who has been identified by a federal,
state, or local law enforcement agency as a member or  associate  of  an
organized  crime  group, a terrorist group, or a career offender cartel,
or who is a career offender, under circumstances where such  association
creates  a  reasonable belief that the participation of the applicant in
any activity required to be licensed under this part would  be  inimical
to  the  policies  of  this part. For the purpose of this section, (a) a
terrorist group shall mean a group associated, affiliated or  funded  in
whole or in part by a terrorist organization designated by the secretary
of state in accordance with section 219 of the immigration and national-
ity  act,  as amended from time to time, or any other organization which
assists, funds or engages in acts of terrorism as defined in the laws of
the United States, or of either of the  states  of  New  York  (such  as
subdivision  one  of section 490.05 of the penal law) or New Jersey; and
(b) a career offender shall mean a person whose behavior is  pursued  in
an  occupational  manner  or  context  for  the purpose of economic gain
utilizing such methods as are deemed  criminal  violations  against  the
public  policy  of  the  states of New York and New Jersey, and a career
offender cartel shall mean  a  number  of  career  offenders  acting  in
concert,  and  may  include what is commonly referred to as an organized
crime group.
  7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a  court  of
the  United States or any state or territory thereof under circumstances
where such association creates a  reasonable  belief  that  the  partic-
ipation  of  the applicant in any activity required to be licensed under
this article would be inimical to the policies of this article.
  S 429. Removal of port watchmen's ineligibility.   Any  port  watchman
ineligible for a license by reason of the provisions of paragraph (b) of
subdivision  three of section four hundred ten of this article may peti-
tion for and the commission may issue an order removing the  ineligibil-
ity  in  the  manner  provided  in paragraph (b) of subdivision three of
section four hundred five of this article.
  S 430. Petition for order to remove an ineligibility.  A petition  for
an  order  to remove an ineligibility under paragraph (b) of subdivision
three of section four hundred five, paragraph (e) of  subdivision  three
of  section  four  hundred  six,  paragraph  (b) of subdivision three of
section four hundred five of this article, or paragraph (b) of  subdivi-
sion  three  of section four hundred thirty-two of this part may be made

S. 3353--B                         57

to the commission before or after the hearing required by  section  four
hundred eleven of this article.
  S  431.  Denial of stevedore applications.  In addition to the grounds
elsewhere set forth in this part  the  commission  shall  not  grant  an
application  for a license as stevedore if on or after July first, nine-
teen hundred fifty-six, the applicant has paid, given,  caused  to  have
been paid or given or offered to pay or give to any agent of any carrier
of freight by water any valuable consideration for an improper or unlaw-
ful  purpose  or,  without the knowledge and consent of such carrier, to
induce such agent to procure the employment of  the  applicant  by  such
carrier or its agent for the performance of stevedoring services.
  S  432.  Checkers.    1.  The  commission  shall  establish within the
longshoremen's register a list of all qualified  longshoremen  eligible,
as  hereinafter  provided, for employment as checkers in the port of New
York district.  No person shall act as a checker within the port of  New
York  district  unless  at the time he is included in the longshoremen's
register as a checker, and no person shall employ another to work  as  a
checker  within  the  port  of New York district unless at the time such
other person is included in the longshoremen's register as a checker.
  2. Any person applying for inclusion in the longshoremen's register as
a checker shall file at any such place and in such manner as the commis-
sion shall designate a written statement, signed and  verified  by  such
person, setting forth the following:
  (a) The full name, residence, place and date of birth and social secu-
rity number of the applicant;
  (b)  The  present and previous occupations of the applicant, including
the places where he was employed and the names of his employers;
  (c) Such further facts and evidence as may be required by the  commis-
sion  to  ascertain  the character, integrity and identity of the appli-
cant.
  3. No person shall be included in the  longshoremen's  register  as  a
checker
  (a)  Unless  the  commission  shall  be  satisfied  that the applicant
possesses good character and integrity;
  (b) If the applicant has, without subsequent pardon, been convicted by
a court of the United States or any state or territory thereof,  of  the
commission  of,  or the attempt or conspiracy to commit treason, murder,
manslaughter or any felony or high misdemeanor or any of  the  following
misdemeanors  or  offenses:  illegally  using,  carrying or possessing a
pistol or other dangerous weapon; making or possessing burglar's instru-
ments; buying or receiving stolen property; unlawful entry of  a  build-
ing;  aiding  an  escape  from prison; unlawfully possessing, possessing
with intent to distribute, sale or distribution of a controlled  danger-
ous  substance  (controlled  substance)  or, in New Jersey, a controlled
dangerous substance analog (controlled substance analog); petty larceny,
where the evidence shows the property was stolen from a vessel, pier  or
other  waterfront  terminal;  and  violation  of the compact.   Any such
applicant ineligible for inclusion in the longshoremen's register  as  a
checker  by  reason  of  any  such  conviction  may  submit satisfactory
evidence to the commission that he has for a period  of  not  less  than
five  years,  measured  as  hereinafter  provided, and up to the time of
application, so  conducted  himself  as  to  warrant  inclusion  in  the
longshoremen's register as a checker, in which event the commission may,
in its discretion, issue an order removing such ineligibility. The afor-
esaid  period  of  five  years shall be measured either from the date of
payment of any fine imposed  upon  such  person  or  the  suspension  of

S. 3353--B                         58

sentence  or  from  the  date  of  his unrevoked release from custody by
parole, commutation or termination of his sentence;
  (c)  If the applicant knowingly or wilfully advocates the desirability
of overthrowing or destroying the government of  the  United  States  by
force  or  violence or shall be a member of a group which advocates such
desirability, knowing the purposes of such group include such advocacy.
  4. When the application shall have  been  examined  and  such  further
inquiry  and  investigation made as the commission shall deem proper and
when the commission shall be  satisfied  therefrom  that  the  applicant
possesses   the  qualifications  and  requirements  prescribed  by  this
section,  the  commission   shall   include   the   applicant   in   the
longshoremen's  register as a checker.  The commission may permit tempo-
rary registration as a checker to any applicant under this section pend-
ing final action on an application made  for  such  registration,  under
such  terms  and conditions as the commission may prescribe, which shall
be valid for a period to be fixed by the commission, not  in  excess  of
six months.
  5. The commission shall have power to reprimand any checker registered
under  this section or to remove him from the longshoremen's register as
a checker for such period of time as it deems in the public interest for
any of the following offenses:
  (a) Conviction of a crime or other cause which would permit  disquali-
fication of such person from inclusion in the longshoremen's register as
a checker upon original application;
  (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
longshoremen's register as a checker or in the conduct of the registered
activity;
  (c) Violation of any of the provisions of the compact  established  by
part I of this article;
  (d)  Conviction of a crime involving unlawfully possessing, possession
with intent to distribute, sale or distribution of a controlled  danger-
ous  substance  (controlled  substance)  or, in New Jersey, a controlled
dangerous substance analog (controlled substance analog);
  (e) Inducing or otherwise aiding or abetting any person to violate the
terms of the compact established by part I of this article;
  (f) Paying, giving, causing to be paid or given or offering to pay  or
give  to  any  person  any  valuable  consideration to induce such other
person to violate any provision of the compact or to induce  any  public
officer,  agent  or  employee  to  fail  to  perform  his duty under the
compact;
  (g) Consorting with known criminals for an unlawful purpose;
  (h) Transfer or surrender of possession to any person either temporar-
ily or permanently of any card or other means of  identification  issued
by  the commission as evidence of inclusion in the longshoremen's regis-
ter without satisfactory explanation;
  (i) False impersonation of another longshoreman or of  another  person
licensed under the compact.
  6.  The  commission  shall have the right to recover possession of any
card or other means of identification issued as evidence of inclusion in
the longshoremen's register as a checker in the event  that  the  holder
thereof has been removed from the longshoremen's register as a checker.
  7.  Nothing  contained  in this section shall be construed to limit in
any way any rights of labor reserved by section  four  hundred  five  of
this article.
  S  433.  Supplementary violations.  Any person who, without justifica-
tion or excuse in law, directly or indirectly  intimidates  or  inflicts

S. 3353--B                         59

any  injury,  damage,  harm,  loss  or economic reprisal upon any person
licensed or registered by  the  commission,  or  any  other  person,  or
attempts,  conspires  or threatens so to do, in order to interfere with,
impede  or  influence such licensed or registered person in the perform-
ance or discharge of his duties or obligations shall  be  punishable  as
provided in section four hundred twenty of this part.
  S  434.  Suspension  or  acceptance  of  applications for inclusion in
longshoremen's register; exceptions. 1. The commission  shall  have  the
power  to  make  determinations to suspend the acceptance of application
for inclusion in the longshoremen's register for such periods of time as
the commission may from time to time establish and, after any such peri-
od of suspension, the commission shall have the power to  make  determi-
nations to accept applications for such period of time as the commission
may  establish  or  in  such  number as the commission may determine, or
both. Such determinations to suspend or  accept  applications  shall  be
made  by the commission: (a) on its own initiative or (b) upon the joint
recommendation in writing of stevedores and  other  employers  of  long-
shoremen  in  the port of New York district, acting through their repre-
sentative for the purpose of collective bargaining with a  labor  organ-
ization  representing  such longshoremen in such district and such labor
organization or (c) upon the petition  in  writing  of  a  stevedore  or
another  employer of longshoremen in the port of New York district which
does not have a representative for the purpose of collective  bargaining
with a labor organization representing such longshoremen. The commission
shall  have  the  power to accept or reject such joint recommendation or
petition.
  All joint recommendations or petitions filed  for  the  acceptance  of
applications  with  the  commission  for inclusion in the longshoremen's
register shall include:
  (a) the number of employees requested;
  (b) the category or categories of employees requested;
  (c) a detailed statement setting forth  the  reasons  for  said  joint
recommendation or petition;
  (d)  in cases where a joint recommendation is made under this section,
the collective bargaining representative of stevedores and other employ-
ers of longshoremen in the port of  New  York  district  and  the  labor
organization representing such longshoremen shall provide the allocation
of  the number of persons to be sponsored by each employer of longshore-
men in the port of New York district; and
  (e) any other information requested by the commission.
  2. In administering the provisions of  this  section,  the  commission
shall observe the following standards:
  (a)  To  encourage  as  far  as  practicable the regularization of the
employment of longshoremen;
  (b) To bring the number of eligible longshoremen into balance with the
demand for longshoremen's services within the port of New York  district
without  reducing  the number of eligible longshoremen below that neces-
sary to meet the requirements of longshoremen in the port  of  New  York
district;
  (c)  To  encourage  the  mobility and full utilization of the existing
work force of longshoremen;
  (d) To protect the job security of the existing work  force  of  long-
shoremen by considering the wages and employment benefits of prospective
registrants;
  (e)  To  eliminate  oppressive  and evil hiring practices injurious to
waterfront labor and  waterborne  commerce  in  the  port  of  New  York

S. 3353--B                         60

district,  including,  but  not  limited  to,  those oppressive and evil
hiring practices that may result from either a surplus  or  shortage  of
waterfront labor;
  (f)  To consider the effect of technological change and automation and
such other economic data and facts as are relevant to a proper  determi-
nation;
  (g) To protect the public interest of the port of New York district.
  In observing the foregoing standards and before determining to suspend
or accept applications for inclusion in the longshoremen's register, the
commission  shall  consult with and consider the views of, including any
statistical data or other factual information concerning the size of the
longshoremen's register submitted by,  carriers  of  freight  by  water,
stevedores,  waterfront  terminal owners and operators, any labor organ-
ization representing employees registered by  the  commission,  and  any
other  person  whose  interests  may  be  affected  by  the  size of the
longshoremen's register.
  Any joint  recommendation  or  petition  granted  hereunder  shall  be
subject to such terms and conditions as the commission may prescribe.
  3.  Any  determination  by  the commission pursuant to this section to
suspend or accept  applications  for  inclusion  in  the  longshoremen's
register  shall  be made upon a record, shall not become effective until
five days after notice thereof to the  collective  bargaining  represen-
tative  of stevedores and other employers of longshoremen in the port of
New York district and to the labor organization representing such  long-
shoremen  and/or  the  petitioning  stevedore or other employer of long-
shoremen in the port of New York district and shall be subject to  judi-
cial  review for being arbitrary, capricious, and an abuse of discretion
in a proceeding jointly instituted by such representative and such labor
organization and/or by the petitioning stevedore or  other  employer  of
longshoremen  in  the  port  of  New York district. Such judicial review
proceeding may be instituted in either state in the manner  provided  by
the  law  of  such  state  for review of the final decision or action of
administrative agencies of such  state,  provided,  however,  that  such
proceeding  shall  be  decided directly by the appellate division as the
court of first instance (to which the proceeding shall be transferred by
order of transfer by the supreme court in the state of New  York  or  in
the state of New Jersey by notice of appeal from the commission's deter-
mination)  and provided further that notwithstanding any other provision
of law in either state no court shall have power  to  stay  the  commis-
sion's  determination  prior  to  final  judicial decision for more than
fifteen days. In the event that the court enters a final  order  setting
aside  the  determination  by  the commission to accept applications for
inclusion in the longshoremen's register, the registration of any  long-
shoremen  included  in  the  longshoremen's register as a result of such
determination by the commission shall be cancelled.
  This section shall apply, notwithstanding any other provision of  this
article,  provided  however,  such section shall not in any way limit or
restrict the provisions of subdivision five of section four hundred nine
of this article empowering the commission to register longshoremen on  a
temporary  basis to meet special or emergency needs or the provisions of
subdivision four of section four hundred nine of this  article  relating
to   the   immediate   reinstatement   of   persons   removed  from  the
longshoremen's register pursuant to section four hundred  nine  of  this
article.  Nothing in this section shall be construed to modify, limit or
restrict  in any way any of the rights protected by section four hundred
fifteen of this article.

S. 3353--B                         61

  4. Upon the granting of any joint  recommendation  or  petition  under
this  section  for  the  acceptance of applications for inclusion in the
longshoremen's register, the commission shall accept  applications  upon
written  sponsorship  from the prospective employer of longshoremen. The
sponsoring  employer shall furnish the commission with the name, address
and such other identifying or category information as the commission may
prescribe for any person so sponsored.  The  sponsoring  employer  shall
certify  that  the  selection  of the persons so sponsored was made in a
fair and non-discriminatory basis in accordance with the requirements of
the laws of the United States and the states of New York and New  Jersey
dealing with equal employment opportunities.
  Notwithstanding  any of the foregoing, where the commission determines
to accept applications for inclusion in the longshoremen's  register  on
its own initiative, such acceptance shall be accomplished in such manner
deemed appropriate by the commission.
  5. Notwithstanding any other provision of this article, the commission
may  include  in the longshoremen's register under such terms and condi-
tions as the commission may prescribe:
  (a) a person issued registration on a temporary basis to meet  special
or emergency needs who is still so registered by the commission;
  (b)  a  person defined as a longshoreman in subdivision six of section
four hundred twenty-two of this part who  is  employed  by  a  stevedore
defined  in  paragraph  (b)  or  (c)  of subdivision one of section four
hundred twenty-two of this part and whose employment is not  subject  to
the  guaranteed  annual  income  provisions of any collective bargaining
agreement relating to longshoremen;
  (c) no more than twenty persons issued registration limited to  acting
as  scalemen  pursuant  to  the provisions of chapter 953 of the laws of
1969 and chapter 64 of the laws of 1982 who are still so  registered  by
the  commission and who are no longer employed as scalemen on the effec-
tive date of this subdivision;
  (d) a person issued registration on a temporary basis as a checker  to
meet  special or emergency needs who applied for such registration prior
to January 15, 1986 and who is still so registered by the commission;
  (e) a person issued registration on a temporary basis as a checker  to
meet  special or emergency needs in accordance with a waterfront commis-
sion resolution of September 4, 1996 and who is still so  registered  by
the commission;
  (f)  a  person issued registration on a temporary basis as a container
equipment operator to meet special or emergency needs in accordance with
a waterfront commission resolution of September 4, 1996 and who is still
so registered by the commission; and
  (g) a person issued registration on a temporary basis as a  longshore-
man  to  meet special or emergency needs in accordance with a waterfront
commission resolution of September 4, 1996 and who is  still  so  regis-
tered by the commission.
  6.  The  commission  may include in the longshoremen's register, under
such terms and conditions  as  the  commission  may  prescribe,  persons
issued  registration on a temporary basis as a longshoreman or a checker
to meet special or emergency needs and who are still  so  registered  by
the commission upon the enactment of this section.
  S 435. Temporary suspension of permits, licenses and registrations. 1.
The commission may temporarily suspend a temporary permit or a permanent
license  or  a  temporary  or  permanent  registration  pursuant  to the
provisions of subdivision four of section four hundred  eleven  of  this
article  until  further  order of the commission or final disposition of

S. 3353--B                         62

the underlying case, only where the permittee,  licensee  or  registrant
has  been  indicted  for,  or  otherwise  charged with, a crime which is
equivalent to a felony in the state of New York or to  a  crime  of  the
third,  second  or first degree in the state of New Jersey or only where
the permittee or licensee is a port  watchman  who  is  charged  by  the
commission  pursuant to section four hundred eleven of this article with
misappropriating any other person's property at or on a  pier  or  other
waterfront terminal.
  2.  In  the  case  of a permittee, licensee or registrant who has been
indicted for, or otherwise charged with, a crime, the temporary  suspen-
sion shall terminate immediately upon acquittal or upon dismissal of the
criminal charge. A person whose permit, license or registration has been
temporarily  suspended  may,  at  any  time,  demand that the commission
conduct a hearing as provided for in section four hundred eleven of this
article.   Within sixty  days  of  such  demand,  the  commission  shall
commence  the hearing and, within thirty days of receipt of the adminis-
trative judge's report and recommendation, the commission shall render a
final determination thereon; provided, however, that these time require-
ments, shall not apply for any period of delay caused  or  requested  by
the permittee, licensee or registrant. Upon failure of the commission to
commence  a  hearing  or  render  a determination within the time limits
prescribed herein, the temporary suspension of the  licensee  or  regis-
trant  shall  immediately terminate. Notwithstanding any other provision
of this subdivision, if a federal, state, or local law enforcement agen-
cy or prosecutor's office shall request the suspension or  deferment  of
any  hearing  on the ground that such a hearing would obstruct or preju-
dice  an  investigation  or  prosecution,  the  commission  may  in  its
discretion, postpone or defer such hearing for a time certain or indefi-
nitely.  Any  action  by  the  commission to postpone a hearing shall be
subject to immediate judicial review as provided in subdivision seven of
section four hundred eleven of this article.
  3. The commission may in addition,  within  its  discretion,  bar  any
permittee, licensee or registrant whose license or registration has been
suspended pursuant to the provisions of subdivision one of this section,
from  any  employment by a licensed stevedore or a carrier of freight by
water during the period of such suspension, if the  alleged  crime  that
forms  the  basis of such suspension involves the possession with intent
to distribute, sale, or distribution of a controlled dangerous substance
(controlled substance) or, in New Jersey, controlled dangerous substance
analog (controlled substance analog), racketeering or theft from a  pier
or waterfront terminal.
  S  436.  Continuance of port watchmen's licenses.  Notwithstanding any
provision of subdivision five of section four hundred ten of this  arti-
cle,  a license to act as a port watchman shall continue and need not be
renewed, provided the licensee shall, as required by the commission:
  1. Submit to a medical examination and meet the  physical  and  mental
fitness  standards established by the commission pursuant to subdivision
three of section four hundred ten of this article;
  2. Complete a refresher course of training;  and
  3. Submit supplementary personal history information.
  S 437. Regularization of port watchmen's employment.   The  commission
shall, at regular intervals, cancel the license or temporary permit of a
port  watchman  who shall have failed during the preceding twelve months
to have worked as a port watchman in the port of  New  York  district  a
minimum  number  of  hours as shall have been established by the commis-
sion, except that immediate restoration of  such  license  or  temporary

S. 3353--B                         63

permit shall be made upon proper showing that the failure to so work was
caused  by  the  fact  that the licensee or permittee was engaged in the
military service of the  United  States  or  was  incapacitated  by  ill
health, physical injury or other good cause.
  S 438. Duration of stevedore's license.  A stevedore's license granted
pursuant to section four hundred six of this article shall be for a term
of  five years or fraction of such five year period, and shall expire on
the first day of December. In the event of the death of the licensee, if
a natural person, or its termination or dissolution by reason of a death
of a partner, if a partnership, or if the licensee shall cease to  be  a
party  to any contract of the type required by paragraph (d) of subdivi-
sion three of section four hundred six  of  this  article,  the  license
shall  terminate  ninety  days  after  such event or upon its expiration
date, whichever shall be sooner. A license may be renewed by the commis-
sion for successive five year periods upon fulfilling the same  require-
ments  as  are set forth in section four hundred six of this article for
an original application for a stevedore's license.
  S 439. Implementation of telecommunications hiring  system  for  long-
shoremen  and  checkers  and  registration  of telecommunications system
controller.   1. The commission may  designate  one  of  the  employment
information  centers  it  is  authorized to establish and maintain under
section four hundred twelve of this article for the implementation of  a
telecommunications hiring system through which longshoremen and checkers
may  be  hired  and accept employment without any personal appearance at
said center. Any such telecommunications hiring system shall incorporate
hiring and seniority agreements between the  employers  of  longshoremen
and  checkers  and  the labor organization representing longshoremen and
checkers in the port of New York district, provided said agreements  are
not in conflict with the provisions of this part.
  2. The commission shall permit employees of the association represent-
ing employers of longshoremen and checkers and of the labor organization
representing longshoremen and checkers in the port of New York district,
or  of  a  joint  board  of  such association and labor organization, to
participate in the operation of said telecommunications  hiring  system,
provided  that  any  such  employee is registered by the commission as a
"telecommunications  system   controller"   in   accordance   with   the
provisions, standards and grounds set forth in this part with respect to
the  registration  of  checkers.  No person shall act as a "telecommuni-
cations system controller" unless he or  she  is  so  registered.    Any
application  for  such  registration and any registration made or issued
may be denied, revoked, cancelled or suspended, as the case may be, only
in the manner prescribed in section four hundred eleven of this article.
Any and all such participation in the  operation  of  said  telecommuni-
cations hiring system shall be monitored by the commission.
  3.  Any  and  all  records,  documents,  tapes,  discs  and other data
compiled, collected or maintained  by  said  association  of  employers,
labor  organization and joint board of such association and labor organ-
ization pertaining to the  telecommunications  hiring  system  shall  be
available  for  inspection, investigation and duplication by the commis-
sion.

                                PART III

  S 440. Commission established for New York state. Unless and until the
provisions of the compact contained in part I of this article shall have

S. 3353--B                         64

been concurred in by the state of New Jersey, the  consent  of  congress
given thereto, and the commission, provided for therein, established:
  1.  The provisions of such compact and sections four hundred eighteen,
four hundred nineteen, four hundred twenty and four  hundred  twenty-one
of  this  article  shall apply to and be in full force and effect within
the state of New York, except  as  limited  by  this  section,  and  any
violation of such compact or section shall be a violation of the laws of
the  state  of  New  York,  provided, however, that (with respect to the
definitions contained in such compact):
  (a) "The port of New York district" shall mean only  that  portion  of
the district within the state of New York;
  (b)  The  "commission", hereinafter referred to in this section as the
"New York commission", shall mean and consist of the member appointed by
the governor of this state by and with the advice  and  consent  of  the
senate,  and  he shall possess and exercise all the powers and duties of
the commission set forth in part I of this article and any other  powers
and duties conferred herein;
  (c) The powers and duties of any other officer or agency of this state
prescribed  by part I of this article or otherwise by this article shall
be effective as if the provisions of the compact were effective as a law
of this state;  and
  (d) The New York commission shall not be deemed to be a body corporate
and politic and shall be in the executive department of this state.
  2. The New York commission is authorized to cooperate with  a  similar
commission  of  the  state of New Jersey, to exchange information on any
matter pertinent to the purposes of this  article,  and  to  enter  into
reciprocal agreements for the accomplishment of such purposes, including
but not limited to the following objectives:
  (a) To provide for the reciprocal recognition of any license issued or
registration made by either commission;
  (b)  To give reciprocal effect to any revocation, suspension or repri-
mand with respect to any licensee, and any reprimand or removal  from  a
longshoremen's register;
  (c) To provide that any act or omission by a licensee or registrant in
either state which would be a basis for disciplinary action against such
licensee  or registrant if it occurred in the state in which the license
was issued or the person registered shall be the basis for  disciplinary
action in both states;
  (d)  To  provide  that  longshoremen  registered  in either state, who
perform work or who apply for work at an employment  information  center
within the other state shall be deemed to have performed work or to have
applied for work in the state in which they are registered.
  3. Notwithstanding any other provision of law, the officers, employees
and  agents  of  the  commission  established  by  this  section  may be
appointed or employed without regard to their state of  residence.  Such
commission  may appoint or employ the same person to a similar office or
employment in this state as he holds in a similar commission  or  agency
of the state of New Jersey.
  Notwithstanding  any  other provision of this article, for the purpose
of providing for the commission's expenses of administration during  the
remainder  of  the  calendar  year  following the effective date of this
article, and until  June  thirtieth,  nineteen  hundred  fifty-four  the
assessment for such expense shall be at the rate of one and one-half per
cent.  Such  assessment shall be made, collected and enforced in accord-
ance with section four hundred thirteen of this article.

S. 3353--B                         65

  S 441. Prohibition against loitering.   No  person  shall,  without  a
satisfactory  explanation,  loiter  upon  any vessel, dock, wharf, pier,
bulkhead, terminal, warehouse, or other waterfront  facility  or  within
five  hundred  feet  thereof  in  that  portion  of the port of New York
district within the state of New York.
  S 442. Prohibition against unions having officers, agents or employees
who have been convicted of certain crimes and offenses.  No person shall
solicit,  collect  or  receive  any  dues, assessments, levies, fines or
contributions, or other charges within the state for or on behalf of any
labor organization which represents  employees  registered  or  licensed
pursuant  to the provisions of this article or which derives its charter
from a labor organization representing  one  hundred  or  more  of  such
registered  or  licensed employees, if any officer, agent or employee of
such labor organization, or of a  welfare  fund  or  trust  administered
partially or entirely by such labor organization or by trustees or other
persons  designated  by such labor organization, has been convicted by a
court of the United States, or any state  or  territory  thereof,  of  a
felony,  any  misdemeanor  involving  moral  turpitude  or  any crime or
offense enumerated in subdivision three  (b)  of  section  four  hundred
thirty-two  of  this  article,  unless he has been subsequently pardoned
therefor by the governor or other appropriate authority of the state  or
jurisdiction  in which such conviction was had or has received a certif-
icate of  good  conduct  from  the  board  of  parole  pursuant  to  the
provisions  of the executive law to remove the disability.  No person so
convicted shall serve as an officer, agent or  employee  of  such  labor
organization,  welfare  fund  or  trust  unless  such person has been so
pardoned or has received a certificate of  good  conduct.    No  person,
including  such  labor organization, welfare fund or  trust, shall know-
ingly permit such convicted person to assume or hold any office, agency,
or employment in violation of this section.
  As used in this section, the term "labor organization" shall mean  and
include any organization which exists and is constituted for the purpose
in whole or in part of collective bargaining, or of dealing with employ-
ers  concerning  grievances,  terms  and conditions of employment, or of
other mutual aid or protection;  but it shall not include  a  federation
or  congress  of labor organizations organized on a national or interna-
tional basis even though one of its constituent labor organizations  may
represent persons so registered or licensed.
  Any  person who shall violate this section shall be guilty of a misde-
meanor punishable by a fine of not more than  five  hundred  dollars  or
imprisonment for not more than one year or both.
  S  443.  Exception  to section four hundred forty-two of this part for
certain employees.  If upon application to the commission by an employee
who has been convicted of a crime or offense specified in  section  four
hundred forty-two of this part the commission, in its discretion, deter-
mines  in  an  order  that  it would not be contrary to the purposes and
objectives of this article for such employee to  work  in  a  particular
employment  for  a  labor organization, welfare fund or trust within the
meaning of section four hundred forty-two of this part,  the  provisions
of  section  four  hundred forty-two of this part shall not apply to the
particular employment of such employee with respect to  such  conviction
or convictions as are specified in the commission's order.  This section
is  applicable  only  to those employees who for wages or salary perform
manual, mechanical, or physical work of a routine or clerical nature  at
the  premises  of the labor organization, welfare fund or trust by which
they are employed.

S. 3353--B                         66

                                 PART IV

  S 444. Compact.  The state of New York hereby agrees with the state of
New Jersey, upon the enactment by the state of New Jersey of legislation
having the same effect as this section, to the following compact:
  S  445.  Findings  and  declarations.   The states of New York and New
Jersey hereby find and declare that the movement of freight through  the
two  states  is  vital  to  their  economies  and  prosperity; that ever
increasing amounts of such freight are being carried by the air  freight
industry;  that  said air freight industry in the two states constitutes
an inseparable and integral unit of the  commerce  of  the  two  states;
that  criminal  and  racketeer elements have infiltrated the air freight
industry;  that such criminal infiltration is threatening the growth  of
said air freight industry;  that one of the means by which such criminal
and  racketeer elements infiltrate the air freight industry is by posing
as labor relations consultants and that firms handling air  freight  are
often  forced  to  employ  or engage such persons;  that the air freight
industry is suffering an alarming rise in the amount  of  pilferage  and
theft of air freight;  and that it is imperative to the continued growth
and  economic  well-being  of the states of New York and New Jersey that
every possible effective measure be taken to prevent the  pilferage  and
theft  of  air  freight and the criminal infiltration of the air freight
industry.
  2. The states of New York and New Jersey hereby find and declare  that
many  of  the evils existing in the air freight industry result not only
from the causes above described but from the lack of regulation  of  the
air  freight  industry in and about the port of New York district;  that
the air freight industry is affected with a  public  interest  requiring
regulation,  just  as the states of New York and New Jersey have hereto-
fore found and declared in respect to the shipping industry;   and  that
such  regulation of the air freight industry shall be deemed an exercise
of the police power of the two states for the protection of  the  public
safety,  welfare, prosperity, health, peace and living conditions of the
people of the states.
  S 446. Definitions. As used in this compact:
  1. "Commission" shall mean the waterfront and  airport  commission  of
New  York  and  New  Jersey established by section four hundred three of
this article.
  2. "Airport" shall mean any area on land, water  or  building  or  any
other  facility  located  within  the  states of New York and New Jersey
(except a military installation of the  United  States  government)  (a)
which  is  located  within one hundred miles of any point in the port of
New York district, (b) which is used, or intended for use, for the land-
ing and take-off of aircraft operated by an air carrier, and any  appur-
tenant  areas  which are used or intended for use, for airport buildings
or other airport facilities or rights of way, together with all  airport
buildings,  equipment, aircraft, and facilities located thereon, and (c)
where the total tonnage of air freight in a  calendar  year  loaded  and
unloaded on and from aircraft exceeds twenty thousand tons.
  3.  "Air  carrier" shall mean any person who may be engaged or who may
hold himself out as willing to be engaged, whether as a common  carrier,
as a contract carrier or otherwise, in the carriage of freight by air.
  4.  "Air  freight"  shall  mean  freight  (including baggage, aircraft
stores and mail) which is, has been, or will be carried by or  consigned
for carriage by an air carrier.

S. 3353--B                         67

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

S. 3353--B                         68

ter  one hundred fifty-one of the laws of New Jersey of nineteen hundred
twenty-one, and any amendments thereto.
  14.  "Court  of the United States" shall mean all courts enumerated in
section four hundred fifty-one  of  title  twenty-eight  of  the  United
States  code  and  the  courts-martial of the armed forces of the United
States.
  15. "Witness" shall mean any person whose testimony is desired in  any
investigation, interview or other proceeding conducted by the commission
pursuant to the provisions of this compact.
  16.  "Compact"  shall  mean  this  compact  and  rules and regulations
lawfully promulgated thereunder and shall also include any amendments or
supplements to this compact to implement the purposes thereof adopted by
the action of the legislature of either the state of  New  York  or  the
state of New Jersey concurred in by the legislature of the other.
  S  447.  General  powers of the commission.  In addition to the powers
and duties of the commission conferred in parts I, II,  III,  and  V  of
this article, the commission shall have the power:
  1. To administer and enforce the provisions of this compact;
  2.  To  establish such divisions and departments within the commission
as the commission may deem  necessary  and  to  appoint  such  officers,
agents  and  employees as it may deem necessary, prescribe their powers,
duties and qualifications and fix  their  compensation  and  retain  and
employ counsel and private consultants on a contract basis or otherwise;
  3.  To  make  and enforce such rules and regulations as the commission
may deem necessary to effectuate the purposes  of  this  compact  or  to
prevent  the circumvention or evasion thereof including, but not limited
to, rules and regulations (which  shall  be  applicable  to  any  person
licensed  by the commission, his employer, or any other person within an
airport) to provide for the maximum protection of air freight,  such  as
checking and custodial accounting, guarding, storing, fencing, gatehous-
es,  access  to  air  freight,  air  freight loss reports, and any other
requirements which the commission in  its  discretion  may  deem  to  be
necessary and appropriate to provide such maximum protection.  The rules
and regulations of the commission shall be effective upon publication in
the  manner  which the commission shall prescribe and upon filing in the
office of the secretary of state of each state.  A certified copy of any
such rules and regulations, attested as true and correct by the  commis-
sion,  shall  be  presumptive  evidence of the regular making, adoption,
approval and publication thereof;
  4. To have for its  members  and  its  properly  designated  officers,
agents  and  employees,  full and free access, ingress and egress to and
from all airports, air freight terminals, all aircraft traveling  to  or
from  an  airport  and  all  trucks or other motor vehicles or equipment
which are carrying air freight to or from any  airport  or  air  freight
terminal   for   the   purposes  of  conducting  investigations,  making
inspections or enforcing the provisions of this compact;  and no  person
shall  obstruct  or  in any way interfere with any such member, officer,
employee or agent in the making of such investigation or  inspection  or
in  the enforcement of the provisions of this compact or in the perform-
ance of any other power or duty under this compact;
  5. To make investigations, collect and compile information  concerning
airport practices generally, and upon all matters relating to the accom-
plishment of the objectives of this compact;
  6.  To  advise  and consult with representatives of labor and industry
and with public officials and agencies concerned with  the  effectuation
of  the  purposes of this compact, upon all matters which the commission

S. 3353--B                         69

may desire, including but not limited to the form and substance of rules
and regulations and the administration of  the  compact  and  the  expe-
ditious  handling  and efficient movement of air freight consistent with
the security of such air freight;
  7.  To make annual and other reports to the governors and legislatures
of both states containing recommendations for the  effectuation  of  the
purposes of this compact;
  8.  To issue temporary licenses and temporary permits under such terms
and conditions as the commission may prescribe;
  9. In any case in which the commission has  the  power  to  revoke  or
suspend  any  license or permit the commission shall also have the power
to impose as an alternative to such revocation or suspension, a penalty,
which the licensee or permittee may elect to pay the commission in  lieu
of  the  revocation  or  suspension.   The maximum penalty shall be five
thousand dollars for each separate offense. The commission may, for good
cause shown, abate all or part of such penalty;
  10. To determine the location,  size  and  suitability  of  field  and
administrative offices and any other accommodations necessary and desir-
able for the performance of the commission's duties under this compact;
  11.  To  acquire,  hold  and dispose of real and personal property, by
gift, purchase, lease, license or other similar manner, for  its  corpo-
rate purposes, and in connection therewith to borrow money;
  12. To recover possession of any card or other means of identification
issued by the commission as evidence of a license or permit in the event
that the holder thereof no longer is a licensee or permittee;
  13.  To  require  any licensee or permittee to exhibit upon demand the
license or permit issued to him  by  the  commission  or  to  wear  such
license or permit.
  The  powers and duties of the commission may be exercised by officers,
employees and agents designated by them, except the power to make  rules
and  regulations.   The commission shall have such additional powers and
duties as may hereafter be delegated to or imposed upon it from time  to
time  by  the  action of the legislature of either state concurred in by
the legislature of the other.
  S 448. Airfreightmen and airfreightman supervisors.  1. On  and  after
the  ninetieth  day  after the effective date of this compact, no person
shall act as an airfreightman or an airfreightman supervisor within  the
state  of  New  York  or  the  state  of New Jersey without having first
obtained from the commission a license to act as such  airfreightman  or
airfreightman supervisor, as the case may be, and no person shall employ
another  person  to  act as an airfreightman or airfreightman supervisor
who is not so licensed.
  2. A license to act as an airfreightman  or  airfreightman  supervisor
shall  be  issued  only upon the written application, under oath, of the
person proposing to employ or engage  another  person  to  act  as  such
airfreightman  or  airfreightman supervisor, verified by the prospective
licensee as to the matters concerning  him,  and  shall  set  forth  the
prospective  licensee's  full  name,  residence address, social security
number, and such further facts and evidence as may be  required  by  the
commission  to  determine  the  identity,  the  existence  of a criminal
record, if any, and the eligibility of the prospective  licensee  for  a
license.
  3.  The commission may in its discretion deny the application for such
license submitted on behalf of a prospective licensee  for  any  of  the
following causes:

S. 3353--B                         70

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

S. 3353--B                         71

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

S. 3353--B                         72

  S 449. Air freight terminal operators; air freight truck carriers; and
airfreightmen; labor relations consultants.  1. On and after the nineti-
eth  day  after the effective date of this compact, no person, except an
air carrier, shall act as an air freight terminal operator or as an  air
freight  truck carrier or as an airfreightman labor relations consultant
within the state of New York or the state of New Jersey  without  having
first  obtained  a  license from the commission to act as an air freight
terminal operator or as an air freight truck carrier  or  as  an  airfr-
eightman  labor  relations consultant, as the case may be, and no person
shall employ or engage another person to  perform  services  as  an  air
freight  terminal  operator  or as an air freight truck carrier or as an
airfreightman labor relations consultant who is not so licensed.
  2. Any person intending to act as an air freight terminal operator  or
as  an  air freight truck carrier or as an airfreightman labor relations
consultant within the state of New York or the state of New Jersey shall
file in the office of the commission a written application for a license
to engage in such occupation duly signed and verified as follows:
  (a) If the applicant is a natural person,  the  application  shall  be
signed  and  verified  by such person and if the applicant is a partner-
ship, the application shall be  signed  and  verified  by  each  natural
person  composing or intending to compose such partnership. The applica-
tion shall state the full name, age,  residence,  business  address  (if
any), present and previous occupations of each natural person so signing
the  same,  and  any  other facts and evidence as may be required by the
commission to ascertain the character, integrity, identity and  criminal
record, if any, of each natural person so signing such application.
  (b) If the applicant is a corporation, the application shall be signed
and  verified  by  the  president,  secretary and treasurer thereof, and
shall specify the name of the corporation, the date  and  place  of  its
incorporation,  the  location  of  its  principal place of business, the
names and addresses of, and the amount of the stock held by stockholders
owning ten per cent or more of any of the stock thereof, and of all  the
officers  (including  all  members  of  the  board  of directors).   The
requirements of paragraph (a) of this subdivision as to a natural person
who is a member of a partnership, and such requirements as may be speci-
fied in rules and regulations promulgated by the commission, shall apply
to each such officer or stockholder and their successors  in  office  or
interest as the case may be.
  In  the event of the death, resignation or removal of any officer, and
in the event of any change in the list of stockholders who shall own ten
per cent or more of the stock of the corporation, the secretary of  such
corporation  shall  forthwith give notice of that fact in writing to the
commission, certified by said secretary.
  3. No such license shall be granted
  (a) If any person whose signature or name appears in  the  application
is  not  the  real party in interest required by subdivision two of this
section to sign or to be identified in the application or if the  person
so  signing or named in the application is an undisclosed agent or trus-
tee for any such real party in interest or if any  such  real  party  in
interest does not sign the application;
  (b)  Unless  the  commission shall be satisfied that the applicant and
all members, officers and stockholders required by section two  of  this
article  to sign or be identified in the application for license possess
good character and integrity;
  (c) If the applicant or any member, officer or stockholder required by
subdivision two of this section to sign or be identified in the applica-

S. 3353--B                         73

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

S. 3353--B                         74

tatives  until  the  expiration of the fifth calendar year following the
calendar year during which occurred the transactions recorded therein;
  (d)  Failure  to  pay  any assessment or fee payable to the commission
under this compact when due.
  6. A license granted pursuant to this  section  shall  expire  on  the
expiration  date  (which shall be at least one year from the date of its
issuance) set forth by the commission on the  card  or  other  means  of
identification  issued  by the commission as evidence of a license. Upon
expiration thereof, a license may be  renewed  by  the  commission  upon
fulfilling the same requirements as are set forth in this section for an
original application.
  S 450. Air freight security area. 1. On or after the effective date of
this  compact, the commission shall have the power to designate any area
located within an airport as an air freight security area.    No  person
who  is  not  licensed  by the commission pursuant to this compact shall
have ingress to an air freight security area unless issued a  permit  by
the commission.
  2.  Any  person who is not licensed by the commission pursuant to this
compact and who desires upon any occasion  ingress  to  an  air  freight
security  area shall apply at the entrance to such area for a permit for
ingress for that particular occasion.  In order to secure  a  permit,  a
prospective permittee must show identification establishing his name and
address  and  he  may be required by the commission to sign a consent to
the surrender of his permit upon egress from such area  and,  if  he  is
driving  a  motor  vehicle,  to  an inspection of his motor vehicle upon
egress from such area.  Any person desiring a permit  to  enter  an  air
freight security area may be denied such permit by the commission in its
discretion if the commission determines that the presence of such person
in such area would constitute a danger to the public peace or safety.
  3. Any person whose business, employment or occupation requires him to
have  ingress upon a regular basis to an air freight security area shall
be required, in order to obtain ingress to such area, to  apply  to  the
commission  for a permit for a fixed period of duration to be determined
by the commission.  Such applicant for a permit of  a  fixed  period  of
duration shall fulfill the same requirements as the prospective licensee
for  an  airfreightman's license.  The commission may in the exercise of
its discretion suspend or revoke such permit of a fixed period of  dura-
tion for the same causes which would permit the commission to revoke the
license of an airfreightman.
  4.  The  commission  shall  have the power to inspect any truck or any
other motor vehicle within an air freight security area.
  5. The provisions of this article  shall  not  be  applicable  to  any
person  who  is  a  member  of the flight crew or flight personnel of an
aircraft which is operated by an air carrier and which is located within
an air freight security area upon a showing of  such  identification  as
may be required by the commission.
  S  451.  Hearings, determinations and review.  1. The commission shall
not deny any application for a license  or  permit  without  giving  the
applicant  or  prospective licensee or permittee reasonable prior notice
and an opportunity to be heard.
  2. Any application for a license or permit, and any license or  permit
issued, may be denied, revoked or suspended, as the case may be, only in
the manner prescribed in this section.
  3.  The  commission  may  on its own initiative or on complaint of any
person, including any public official or agency,  institute  proceedings
to  revoke or suspend any license or permit after a hearing at which the

S. 3353--B                         75

licensee or permittee and any person  making  such  complaint  shall  be
given an opportunity to be heard, provided that any order of the commis-
sion  revoking  or  suspending  any  license  or permit shall not become
effective until fifteen days subsequent to the serving of notice thereof
upon  the  licensee or permittee unless in the opinion of the commission
the continuance of the license or permit for such period would be inimi-
cal to the public peace or safety.  Such hearings shall be held in  such
manner  and  upon  such  notice as may be prescribed by the rules of the
commission, but such notice shall be of not less than ten days and shall
state the nature of the complaint.
  4. Pending the determination of such hearing pursuant  to  subdivision
three  of this section, the commission may temporarily suspend a license
or permit if in the opinion of the commission  the  continuance  of  the
license  or  permit  for  such period is inimical to the public peace or
safety.
  5. The commission, or such member, officer, employee or agent  of  the
commission  as  may  be  designated  by the commission for such purpose,
shall have the power to issue subpoenas throughout both states to compel
the attendance of witnesses and the giving of testimony or production of
other evidence and to administer oaths in connection with any such hear-
ing.  It shall be the duty of the commission  or  of  any  such  member,
officer,  employee  or agent of the commission designated by the commis-
sion for such purpose to issue subpoenas at  the  request  of  and  upon
behalf  of the licensee, permittee or applicant.  The commission or such
person conducting the hearing shall not be bound by common law or statu-
tory rules of evidence or by technical or formal rules or  procedure  in
the conduct of such hearing.
  6.  Upon the conclusion of the hearing, the commission shall take such
action upon such findings and determinations  as  it  deems  proper  and
shall  execute  an order carrying such findings into effect.  The action
in the case of an application for a  license  or  permit  shall  be  the
granting  or  denial  thereof.   The action in the case of a licensee or
permittee shall be revocation of the license  or  permit  or  suspension
thereof for a fixed period or reprimand or a dismissal of the charges.
  7.  The  action  of  the  commission  in denying any application for a
license or permit or in suspending or revoking such license or permit or
in reprimanding a licensee or permittee shall  be  subject  to  judicial
review by a proceeding instituted in either state at the instance of the
applicant,  licensee  or  permittee in the manner provided by the law of
such state for review of the final decision or action of  administrative
agencies  of  such  state,  provided,  however, that notwithstanding any
other provision of law the court shall have power to stay for  not  more
than  thirty  days  an  order of the commission suspending or revoking a
license or permit.
  8. At hearings conducted by the commission pursuant to  this  section,
applicants,  prospective licensees and permittees, licensees and permit-
tees shall have the right to be accompanied and represented by counsel.
  9. After the conclusion of a hearing but prior to  the  making  of  an
order  by  the  commission,  a  hearing  may,  upon  petition and in the
discretion of the hearing officer, be reopened for the  presentation  of
additional evidence.  Such petition to reopen the hearing shall state in
detail  the nature of the additional evidence, together with the reasons
for the failure to submit such evidence prior to the conclusion  of  the
hearing.    The  commission  may upon its own motion and upon reasonable
notice reopen a hearing for the  presentation  of  additional  evidence.
Upon petition, after the making of an order of the commission, rehearing

S. 3353--B                         76

may be granted in the discretion of the commission.  Such a petition for
rehearing  shall  state in detail the grounds upon which the petition is
based and shall separately set forth each error of law and fact  alleged
to  have been made by the commission in its determination, together with
the facts and arguments in support thereof.    Such  petition  shall  be
filed  with  the  commission not later than thirty days after service of
such order unless the commission for good cause  shown  shall  otherwise
direct.   The commission may upon its own motion grant a rehearing after
the making of an order.
  S 452. Expenses of administration.  1. In addition to  the  budget  of
its  expenses  under  the  waterfront commission compact, the commission
shall annually adopt a budget of its expenses  under  this  compact  for
each year.  The annual budget shall be submitted to the governors of the
two  states  and  shall  take  effect  as submitted provided that either
governor may within thirty days disapprove or reduce any item or  items,
and the budget shall be adjusted accordingly.
  2. After taking into account such funds as may be available to it from
reserves  in  excess  of ten per cent of such budget under this compact,
federal grants, or otherwise, the balance of the  commission's  budgeted
expenses  shall  be  obtained  by fees payable under this article and by
assessments upon employers of persons licensed  under  this  compact  as
provided in this article.
  3. With respect to airfreightmen and airfreightman supervisors who are
employed by an air freight truck carrier regularly to move freight to or
from an airport, the employers shall pay to the commission for each such
airfreightman  and  airfreightman  supervisor a license fee to be deter-
mined by the commission, not in excess of one hundred dollars  for  each
year,  commencing  with  the  first day of April.  The employer of every
person who is issued a permit of fixed duration by  the  commission  for
ingress  to an air freight security area, or the permittee himself if he
is self-employed, shall pay to the commission a fee to be determined  by
the  commission,  not  in  excess of seventy-five dollars for each year,
commencing with the first day of April.  The commission shall reduce the
maximum  fees  payable  under  this  section  proportionately  with  any
reduction in the maximum assessment rate of two per cent provided for by
this section.
  4.  Every  employer  of  airfreightmen  and  airfreightman supervisors
licensed by the commission, except  as  otherwise  provided  in  section
three  of  this  article,  shall  pay  to  the  commission an assessment
computed upon the gross payroll payments made by such employer to airfr-
eightmen and airfreightman supervisors for work performed as such, at  a
rate,  not in excess of two per cent, computed by the commission, in the
following manner:  the commission shall annually estimate the fees paya-
ble under this section and the gross payroll  payments  to  be  made  by
employers subject to assessment and shall compute the fees and a rate of
assessment  which  will yield revenues sufficient to finance the balance
of the commission's budget for each year as provided in subdivision  two
of  this  section.  The  commission may hold in reserve an amount not to
exceed ten per cent of its total budgeted expenses for the  year,  which
reserve shall not be included as part of the budget.  Such reserve shall
be  held  for  the  stabilization  of annual assessments, the payment of
operating deficits and for the repayment of any advances made by the two
states.
  5. The amount required to balance the commission's budget in excess of
the estimated yield of the maximum fees and assessment, shall be  certi-
fied  by  the commission, with the approval of the respective governors,

S. 3353--B                         77

to the legislatures of the two states, in proportion to  the  respective
totals  of the assessments and fees paid to the commission by persons in
each of the two states.  The legislatures shall annually appropriate  to
the commission the amount so certified.
  6.  The  assessments  and fees hereunder shall be in lieu of any other
charge for the issuance of licenses or permits by the commission  pursu-
ant to this compact.
  7.  In  addition to any other sanction provided by law, the commission
may revoke or suspend any license or permit held by any  employer  under
this compact and/or the license or permit held under this compact by any
employees of such employer, or the permit held under this compact by any
permittee  who is self-employed, and in addition the commission may deny
ingress to such employers, employees or permittees to air freight  secu-
rity areas, for nonpayment of any assessment or fee when due.
  8.  Every  person  subject to the payment of any assessment under this
compact shall file on or before the twentieth day of the first month  of
each  calendar quarter-year a separate return, together with the payment
of the assessment due, for the preceding  calendar  quarter-year  during
which  any  payroll  payments  were  made  to  licensed persons for whom
assessments are payable for work performed as such. Returns covering the
amount of assessment payable shall be filed with the commission on forms
to be furnished for such purpose and shall contain such  data,  informa-
tion  or  matter  as  the commission may require to be included therein.
The commission may grant a  reasonable  extension  of  time  for  filing
returns,  or  for  payment  of  assessment,  whenever good cause exists.
Every return shall have annexed thereto a certification  to  the  effect
that the statements contained therein are true.
  9.  Every  person subject to the payment of assessment hereunder shall
keep an accurate record of his employment of licensed persons  for  whom
assessments  are  payable,  which  shall show the amount of compensation
paid and such other information as the commission  may  require.    Such
records  shall  be preserved for a period of three years and be open for
inspection at reasonable times.   The  commission  may  consent  to  the
destruction  of  any  such  records at any time after said period or may
require that they be kept longer but not in excess of six years.
  10. (a) The commission shall audit and determine the amount of assess-
ment due from the return filed and such other information as  is  avail-
able  to  it.    Whenever  a  deficiency in payment of the assessment is
determined the commission shall give notice of any such determination to
the person liable  therefor.    Such  determination  shall  finally  and
conclusively  fix  the  amount due, unless the person against whom it is
assessed shall, within thirty days after the giving of  notice  of  such
determination,  apply  in  writing  to  the commission for a hearing, or
unless the commission on its own motion shall reduce the  same.    After
such  hearing,  the  commission shall give notice of its decision to the
person liable therefor.  A determination of the  commission  under  this
subdivision shall be subject to judicial review, if application for such
review  is  made  within  thirty days after the giving of notice of such
decision.  Any determination under this section  shall  be  made  within
five years from the time the return was filed and if no return was filed
such determination may be made at any time.
  (b)  Any notice authorized or required under this section may be given
by mailing the same to the person for whom it is intended  at  the  last
address  given  by him to the commission, or in the last return filed by
him with the commission under this section, or if  no  return  has  been
filed  then  to  such address as may be obtainable.  The mailing of such

S. 3353--B                         78

notice shall be presumptive evidence of  the  receipt  of  same  by  the
person  to  whom  addressed.  Any  period  of  time, which is determined
according to the provision of this subdivision, for the giving of notice
shall commence to run from the date of mailing of such notice.
  11. Every person required to pay a fee for a license or a permit under
this  section shall pay the same upon filing of the application with the
commission for such license or permit.   The fee  for  such  license  or
permit shall be prorated for the fiscal year for which the same is paya-
ble  as  of the date the application for such license or permit is filed
with the commission.  The commission shall prorate and make a refund  of
such  fee for the period between the date of application and the date of
the issuance of such license or permit.  Upon surrender of such  license
or permit or upon the revocation of any such license or permit issued to
an  employee  before  the  expiration of the fiscal year, the commission
shall make a refund prorated for the unexpired portion of the year, less
ten per cent of such refund.  In the event of denial of any  application
for  a  license or permit, the commission shall refund the fee paid upon
application, less ten per cent of such refund.
  12.  Whenever any person shall fail to pay, within  the  time  limited
herein, any assessment or fee which he is required to pay to the commis-
sion  under  the  provisions  of this section the commission may enforce
payment of such assessment or fee by civil action for the amount of such
assessment or fee with interest and penalties.
  13. The employment by a nonresident of a licensed person or  permittee
for  whom  assessments or fees are payable in either state or the desig-
nation by a nonresident of a licensed person  or  permittee  to  perform
work  in such state shall be deemed equivalent to an appointment by such
nonresident of the secretary of state of such state to be his  true  and
lawful  attorney  upon  whom  may be served the process in any action or
proceeding against him growing out of any liability for  assessments  or
fees, penalties or interest, and a consent that any such process against
him  which is so served shall be of the same legal force and validity as
if served on him personally within such state and within the territorial
jurisdiction of the court from which the process  issues.    Service  of
process  within  either  state  shall  be  made by either (1) personally
delivering to and leaving with the secretary of state or a deputy secre-
tary of state of such state duplicate copies thereof at  the  office  of
the  department  of  state  in  the capital city of such state, in which
event such secretary of state shall forthwith send  by  registered  mail
one  of  such copies to the person at the last address designated by him
to the commission for any purpose under this  section  or  in  the  last
return  filed  by him under this section with the commission or as shown
on the records of the commission, or if no return has been filed, at his
last known office  address  within  or    without  such  state,  or  (2)
personally  delivering  to  and leaving with the secretary of state or a
deputy secretary of state of such state a copy thereof at the office  of
the  department of state in the capital city of such state and by deliv-
ering a copy thereof to  the  person,  personally  without  such  state.
Proof  of  such  personal service without such state shall be filed with
the clerk of the court in which the process  is  pending  within  thirty
days  after  such  service  and  such service shall be complete ten days
after proof thereof is filed.
  14. Whenever the commission shall determine that any  moneys  received
as  assessments  or fees were paid in error, it may cause the same to be
refunded, provided an application therefor is filed with the  commission
within two years from the time the erroneous payment was made.

S. 3353--B                         79

  15.  In addition to any other powers authorized hereunder, the commis-
sion shall have power to make reasonable rules and regulations to effec-
tuate the purposes of this section.
  16.  When  any person shall wilfully fail to pay any assessment or fee
due hereunder he shall be assessed interest at a rate of  one  per  cent
per month on the amount due and unpaid and penalties of five per cent of
the  amount due for each thirty days or part thereof that the assessment
remains unpaid.  The commission may, for good cause shown, abate all  or
part of such penalty.
  17.   Any person who shall wilfully furnish false or fraudulent infor-
mation or shall  wilfully  fail  to  furnish  pertinent  information  as
required, with respect to the amount of any assessment or fee due, shall
be  guilty  of  a misdemeanor, punishable by a fine of not more than one
thousand dollars, or imprisonment for not more than one year, or both.
  18. All funds of the commission shall be deposited with such responsi-
ble banks or trust companies as may be  designated  by  the  commission.
The  commission  may  require that all such deposits be secured by obli-
gations of the United States or of the states of New York or New  Jersey
of  a market value equal at all times to the amount of the deposits, and
all banks and trust companies are authorized to give such  security  for
such deposits.  The moneys so deposited shall be withdrawn only by check
signed  by  two  members  of the commission or by such other officers or
employees of the commission as it may from time to time designate.
  19. The accounts, books and records of the commission,  including  its
receipts,  disbursements,  contracts,  leases, investments and any other
matters relating to its financial standing shall be examined and audited
annually by independent auditors to be retained for such purpose by  the
commission.
  20.   The commission shall reimburse each state for any funds advanced
to the commission exclusive of sums appropriated pursuant to subdivision
five of this section.
  S 453. General violations; prosecutions; penalties.  1. The failure of
any witness, when duly  subpoenaed  to  attend,  to  give  testimony  or
produce other evidence in any investigation, interview or other proceed-
ing  conducted  by  the  commission  pursuant  to the provisions of this
compact, shall be punishable by the superior court in New Jersey and the
supreme court in New York in the same manner as said failure is punisha-
ble by such court in a case therein pending.
  2. Any person who, having been duly sworn or affirmed as a witness  in
any  investigation,  interview  or  other  proceeding  conducted  by the
commission pursuant to the provisions of this  compact,  shall  wilfully
give  false  testimony  shall be guilty of a misdemeanor punishable by a
fine of not more than one thousand dollars or imprisonment for not  more
than one year or both.
  3.  Any person who interferes with or impedes the orderly licensing of
or orderly granting of any permits to any other person pursuant to  this
compact,  or  who  attempts,  conspires, or threatens so to do, shall be
guilty of a misdemeanor punishable by a fine of not more than one  thou-
sand dollars or imprisonment for not more than one year or both.
  4.  Any  person  who  directly  or indirectly inflicts or threatens to
inflict any injury, damage, harm or loss or in any  other  manner  prac-
tices  intimidation  upon  or  against  any person in order to induce or
compel such person or any other  person  to  refrain  from  obtaining  a
license  or  permit pursuant to this compact shall be guilty of a misde-
meanor punishable by a fine of not more than  one  thousand  dollars  or
imprisonment for not more than one year or both.

S. 3353--B                         80

  5. Any person who, without justification or excuse in law, directly or
indirectly,  intimidates  or  inflicts any injury, damage, harm, loss or
economic reprisal upon any person who holds a license or  permit  issued
by  the  commission  pursuant  to  this compact, or any other person, or
attempts,  conspires  or threatens so to do, in order to interfere with,
impede or influence such licensee or permittee  in  the  performance  or
discharge of his duties or obligations shall be guilty of a misdemeanor,
punishable  by a fine of not more than one thousand dollars or imprison-
ment of not more than one year or both.
  6. Any person who shall violate any of the provisions of this compact,
for which no other penalty is prescribed, shall be guilty of a misdemea-
nor, punishable by a fine of not more than one thousand  dollars  or  by
imprisonment for not more than one year or both.
  7.  In  any  prosecution under this compact, it shall be sufficient to
prove only a single act (or a single holding out or attempt)  prohibited
by  law without having to prove a general course of conduct, in order to
prove a violation.
  S 454. Amendments; construction;  short  title.    1.  Amendments  and
supplements  to  this  compact  to implement the purposes thereof may be
adopted by the action of the legislature of either state concurred in by
the legislature of the other.
  2.  If any part or provision of this compact or the application there-
of to any person or circumstances be adjudged invalid by  any  court  of
competent jurisdiction, such judgment shall be confined in its operation
to  the  part, provision or application directly involved in the contro-
versy in which such judgment shall have  been  rendered  and  shall  not
affect  or  impair  the validity of the remainder of this compact or the
application thereof to other persons or circumstances and the two states
hereby declare that they would have entered into  this  compact  or  the
remainder  thereof  had  the invalidity of such provision or application
thereof been apparent.
  3. In accordance with the ordinary rules for  construction  of  inter-
state  compacts  this  compact shall be liberally construed to eliminate
the evils described therein and to effectuate the purposes thereof.
  4. This compact shall be known  and  may  be  cited  as  the  "Airport
Commission Compact".

                                 PART V

  S  455.  Prohibition against unions having officers, agents or employ-
ees who have been convicted of certain crimes and offenses.   No  person
shall  solicit,  collect or receive any dues, assessments, levies, fines
or contributions, or other charges within the state for or on behalf  of
any  labor  organization  which receives, directly or indirectly, twenty
per cent or more of its dues, assessments,  levies,  fines  or  contrib-
utions,  or  other  charges from persons who hold licenses issued by the
commission pursuant to the airport commission  compact,  or  for  or  on
behalf  of  a  labor organization which derives its charter from a labor
organization which receives, directly or indirectly, twenty per cent  or
more  of its dues, assessments, levies, fines or contributions, or other
charges from persons who hold licenses issued by the commission pursuant
to the airport commission compact, if any officer, agent or employee  of
such  labor  organization,  or  of  a welfare fund or trust administered
partially or entirely by such labor organization or by trustees or other
persons designated by such labor organization, has been convicted  by  a
court  of  the  United  States,  or any state or territory thereof, of a

S. 3353--B                         81

felony, any misdemeanor  involving  moral  turpitude  or  any  crime  or
offense  enumerated  in  subdivision (a) of subdivision three of section
four hundred forty-eight of this article, unless he has been subsequent-
ly  pardoned  therefor by the governor or other appropriate authority of
the state or jurisdiction in  which  such  conviction  was  had  or  has
received    a certificate of good conduct or other relief from disabili-
ties arising from the fact of conviction from a board of parole or simi-
lar authority.  No person so convicted shall serve as an officer,  agent
or  employee  of  such  labor organization, welfare fund or trust unless
such person has been so pardoned or has received such a  certificate  of
good  conduct.    No  person, including such labor organization, welfare
fund or trust, shall knowingly permit such convicted person to assume or
hold any office, agency or employment in violation of this section.
  As used in this section, the term "labor organization" shall mean  and
include any organization which exists and is constituted for the purpose
in whole or in part of collective bargaining, or of dealing with employ-
ers  concerning  grievances,  terms  and conditions of employment, or of
other mutual aid or protection;  but it shall not include  a  federation
or  congress  of labor organizations organized on a national or interna-
tional basis even though one of its constituent labor organizations  may
represent persons who hold licenses issued by the commission pursuant to
the airport commission compact.
  S  456.  Prohibition  against  employer organizations having officers,
agents or employees who  have  been  convicted  of  certain  crimes  and
offenses.  No person shall solicit, collect or receive any dues, assess-
ments, levies, fines or contributions, or other charges within the state
for  or on behalf of any organization of employers (whether incorporated
or not) twenty per cent or more of whose members have in  their  employ-
ment  any employees who are members of a labor organization to which the
prohibition of section four hundred fifty-five of this part is  applica-
ble,  if any officer, agent or employee of such employer organization or
of a welfare fund or trust administered partially or  entirely  by  such
employer organization or by trustees or other persons designated by such
employer  organization,  has  been  convicted  by  a court of the United
States, or any state or territory thereof, of a felony, any  misdemeanor
involving  moral  turpitude  or any crime or offense enumerated in para-
graph (a) of subdivision three of section four  hundred  forty-eight  of
the  compact  established pursuant to part IV of this article, unless he
has been subsequently pardoned therefor by the governor or other  appro-
priate  authority  of the state or jurisdiction in which such conviction
was had or has received a certificate of good conduct  or  other  relief
from  disabilities  arising  from the fact of conviction from a board of
parole or similar authority.  No person so convicted shall serve  as  an
officer,  agent  or employee of such employer organization, welfare fund
or trust unless such person has been so pardoned or has received such  a
certificate of good  conduct.  No person, including such employer organ-
ization,  welfare  fund  or trust, shall knowingly permit such convicted
person to assume or hold any office, agency or employment  in  violation
of this section.
  S 457. Exceptions to sections four hundred fifty-five and four hundred
fifty-six  of  this  part for certain employees.  If upon application to
the commission by an employee who has  been  convicted  of  a  crime  or
offense  specified  in  section  four hundred fifty-five or section four
hundred fifty-six of this part the commission, in its discretion, deter-
mines in an order that it would not be  contrary  to  the  purposes  and
objectives  of  the airport commission compact for such employee to work

S. 3353--B                         82

in a particular employment otherwise prohibited by section four  hundred
fifty-five  or section four hundred fifty-six, the provisions of section
four hundred fifty-five or section four hundred fifty-six, as  the  case
may  be,  shall  not apply to the particular employment of such employee
with respect to such conviction or convictions as are specified  in  the
commission's  order.  This section is applicable only to those employees
who for wages or salary perform manual, mechanical or physical work of a
routine or clerical nature at the premises of  the  labor  organization,
employer organization, welfare fund or trust by which they are employed.
  S 458. Civil penalties.  The commission may maintain a civil action on
behalf  of  the  state  against  any  person who violates or attempts or
conspires to violate any provision of this part or who fails,  omits  or
neglects  to  obey, observe or comply with any order or direction of the
commission issued under this part, to recover a  judgment  for  a  money
penalty  not  exceeding five hundred dollars for each and every offense.
Every violation of any such provision, order or  direction  shall  be  a
separate  and  distinct  offense and, in case of a continuing violation,
every day's continuance shall be and be deemed  to  be  a  separate  and
distinct  offense.  Any  such  action  may be settled or discontinued on
application of the commission upon such terms as the court  may  approve
and  a  judgment  may  be  rendered  for  an amount less than the amount
demanded in the complaint as justice may require.
  S 459. Civil enforcement.  The commission may maintain a civil  action
against  any  person  to compel compliance with any of the provisions of
this compact or any order or direction of the  commission  issued  under
this  compact  or  to  prevent  violations,  attempts or conspiracies to
violate any such provisions, or interference, attempts  or  conspiracies
to  interfere  with  or impede the enforcement of any such provisions or
the exercise or performance of any power or duty thereunder,  either  by
mandamus,  injunction  or  action  or  proceeding in lieu of prerogative
writ.
  S 460. Exemption from arrest and service of process.  If a  person  in
obedience  to  a subpoena, issued pursuant to this part directing him to
attend and testify comes into either state party to this part  from  the
other  state, he shall not, while in that state pursuant to such subpoe-
na, be subject to arrest or the service of process, civil  or  criminal,
in  connection  with  matters  which arose before his entrance into such
state under the subpoena.
  S 461. Nonresident witnesses.  Any investigation, interview  or  other
proceeding  conducted  by  the  commission pursuant to the provisions of
this compact shall be deemed to be a civil action pending in the supreme
court in New York or in the superior court in New Jersey so as to permit
the commission to obtain disclosure, in accordance with  the  provisions
governing  disclosure  in such civil actions, from any person who may be
outside the states.
  S 462. Officers and employees.  Any officer or employee in the  state,
county  or municipal civil service in either state who shall transfer to
service with the commission may be given one or more leaves  of  absence
without  pay  and  may, before the expiration of such leave or leaves of
absence, and without further examination or qualification, return to his
former position or be certified by the appropriate civil service  agency
for retransfer to a comparable position in such state, county, or munic-
ipal civil service if such a position is then available.
  The  commission  may,  by agreement with any federal agency from which
any officer or employee may transfer to  service  with  the  commission,

S. 3353--B                         83

make similar provision for the retransfer of such officer or employee to
such federal agency.
  Notwithstanding  the  provisions of any other law in either state, any
officer or employee in the state, county or municipal service in  either
state  who  shall  transfer  to service with the commission and who is a
member of any existing state, county or municipal pension or  retirement
system  in  New  Jersey  or New York, shall continue to have all rights,
privileges, obligations and status with respect to such fund, system  or
systems  as if he had continued in his state, county or municipal office
or employment, but during the period of his service as a member, officer
or employee of the commission,  all  contributions  to  any  pension  or
retirement  fund or system to be paid by the employer on account of such
member, officer or employee, shall be  paid  by  the  commission.    The
commission  may,  by agreement with the appropriate federal agency, make
similar provisions relating to continuance of retirement system  member-
ship for any federal officer or employee so transferred.
  S  463. Penalties.  Any person who shall violate any of the provisions
of this compact, for which no other  penalty  is  prescribed,  shall  be
guilty of a misdemeanor, punishable by a fine of not more than one thou-
sand dollars or imprisonment for not more than one year or both.
  S  464. Short title.  This part shall be known and may be cited as the
"Waterfront and airport commission act".

                                ARTICLE V
                 APPROVAL OR VETO POWER OF THE GOVERNOR

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

S. 3353--B                         84

New York as recited therein, then such action of such commissioner shall
be null and void.
  S  503. Exception to reporting requirement.  The governor may by order
filed with the secretary of the port authority relieve the commissioners
from the duty of procuring his approval of their action upon any partic-
ular matter or class of matters, and thereupon the  secretary  or  other
officer  in  charge of the minutes of the proceedings of that body shall
be relieved from reporting the same to him.

                               ARTICLE VI
                          MOTOR TRUCK TERMINALS

Section 601. Motor truck terminals.
        602. Acquisition of real property for public use.
  S 601. Motor truck terminals.  The bonds or  other  obligations  which
may  be  issued by the port authority from time to time to provide funds
for the establishment, acquisition and  rehabilitation  of  motor  truck
terminals  (by which are meant terminals consisting of one or more plat-
forms, sheds, buildings, structures, facilities or  improvements  neces-
sary,  convenient  or desirable in the opinion of the port authority for
the accommodation of motor  trucks  for  the  loading  or  unloading  of
freight  upon  or from motor trucks or the receipt, delivery, storage or
handling of freight transported or to be transported by motor trucks  or
the  interchange  or  transfer thereof between carriers) located at such
point or points within the port of New York district as the port author-
ity may deem to be desirable and in the  public  interest,  or  for  the
acquisition of real or personal property in connection therewith, or for
any  other  purpose  in  connection with the establishment, acquisition,
construction, rehabilitation, maintenance or  operation  of  such  truck
terminals  or any of them, are hereby made securities in which all state
and municipal officers and bodies, all banks, bankers, trust  companies,
savings  banks, building and loan associations, savings and loan associ-
ations, investment companies and other persons  carrying  on  a  banking
business,  all  insurance  companies,  insurance associations, and other
persons carrying on an insurance business, and all administrators, exec-
utors, guardians, trustees and other fiduciaries, and all other  persons
whatsoever,  who  are  now  or  may hereafter be authorized to invest in
bonds or other obligations of the state, may properly and legally invest
any funds, including capital, belonging to them or within their control;
and said obligations are hereby made securities which may  properly  and
legally  be deposited with and shall be received by any state or munici-
pal officer or agency for any purpose for which the deposit of bonds  or
other obligations of this state is now or may hereafter be authorized.
  S  602.  Acquisition  of  real  property for public use.   If, for the
purpose of  effectuating,  acquiring,  constructing,  rehabilitating  or
improving  any  motor  truck  terminal, the port authority shall find it
necessary or convenient to acquire any real property, as herein  defined
in  this  state, whether for immediate or future use, the port authority
may find and determine that such property, whether a fee simple absolute
or a lesser interest, is required for public use, and upon such determi-
nation, the said property shall be and shall be deemed  to  be  required
for such public use until otherwise determined by the port authority.
  If  the  port  authority is unable to agree for the acquisition of any
such real property for any reason whatsoever, then  the  port  authority
may acquire and is hereby authorized to acquire such property, whether a
fee  simple  absolute or a lesser interest, by the exercise of the right

S. 3353--B                         85

of eminent domain under and pursuant to the provisions  of  the  eminent
domain procedure law.
  The  power  of  the  port authority to acquire real property hereunder
shall be a continuing power, and no exercise thereof shall be deemed  to
exhaust it.
  Anything  in this article to the contrary notwithstanding, no property
now or hereafter vested in or held by the state  or  any  county,  city,
borough,  village,  township or other municipality shall be taken by the
port authority, without the authority or consent of the state or of such
county, city,  borough,  village,  township  or  other  municipality  as
provided  in  the  compact of April thirty, nineteen hundred twenty-one,
between the states of New York and New Jersey and continued by article I
of this chapter, nor shall anything herein impair or invalidate  in  any
way any bonded indebtedness of the state, or such county, city, borough,
village,  township  or  other municipality, nor impair the provisions of
law regulating the payment into sinking funds of  revenue  derived  from
municipal  property,  or  dedicating the revenues derived from municipal
property, to a specific purpose.    Moreover,  no  property  devoted  to
public  use  by  any  railroad or railway corporation, or public utility
corporation, or by any other corporation, shall be  taken  by  the  port
authority  without  the  authority  or consent of such corporation.  The
port authority is hereby authorized and empowered to  acquire  from  any
such  county, city, borough, village, township or other municipality, or
from any other public agency or commission having  jurisdiction  in  the
premises, or from any such corporation, by agreement therewith, and such
county,  city,  borough, village, township, municipality, public agency,
commission, or corporation, notwithstanding any  contrary  provision  of
law, is hereby authorized and empowered to grant and convey upon reason-
able  terms and conditions any real property, which may be necessary for
the establishment, construction,  acquisition,  rehabilitation,  mainte-
nance and operation of such truck terminals, including such real proper-
ty as has already been devoted to a public use.
  The  port  authority and its duly authorized agents and employees may,
in the case of land situate in the state of  New  York  subject  to  the
provisions  of the eminent domain procedure law and in any other case as
provided by law, enter upon any land in this state for  the  purpose  of
making  such surveys, maps, or other examinations thereof as it may deem
necessary or convenient for the purposes of this article.
  The term "real property" as used in this article is defined to include
lands, structures, franchises and interests  in  land,  including  lands
under  water  and  riparian  rights,  and  any and all things and rights
usually included within the said term, and includes not only fees simple
absolute but also any and  all  lesser  interests,  such  as  easements,
rights  of way, uses, leases, licenses and all other incorporeal heredi-
taments and every estate, interest or right, legal or equitable, includ-
ing terms of years, and liens thereon by way of judgments, mortgages  or
otherwise, and also claims for damages to real estate.

                               ARTICLE VII
           PAYMENT AND ACCEPTANCE OF A FAIR AND REASONABLE SUM

Section 701. Payment of a fair and reasonable sum.
        702. Acceptance of payment.
  S 701. Payment of a fair and reasonable sum. To the end that counties,
cities, boroughs, villages, towns, townships and other municipalities in
the  port  of  New York district, may not suffer undue loss of taxes and

S. 3353--B                         86

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

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

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

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

Section 901. Procedure.
        902. Conveyances.
  S  901. Procedure. Whenever the port authority shall determine to sell
any real property which may have been acquired by the port authority  by

S. 3353--B                         87

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

                                ARTICLE X
                     MONEYS FOR PRELIMINARY STUDIES

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

S. 3353--B                         88

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

S. 3353--B                         89

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

S. 3353--B                         90

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

                               ARTICLE XI
                           MOTOR BUS TERMINAL

Section 1101. Establishment.
        1102. Funding.
        1103. Maintenance and operation.
        1104. Powers.
        1105. Acquisition of real property.
  S 1101. Establishment.   Upon the concurrence  of  the  state  of  New
Jersey,  the  states  of  New  York and New Jersey hereby agree that the
moneys in the general reserve fund of the port authority, authorized  by
chapter forty-eight of the laws of New York of one thousand nine hundred
thirty-one  and  chapter  five of the laws of New Jersey of one thousand
nine hundred thirty-one, as amended, may be pledged in whole or in  part

S. 3353--B                         91

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

S. 3353--B                         92

of properties acquired for or in connection with such motor  bus  termi-
nal.
  S 1105. Acquisition of real property.  If, for the purpose of effectu-
ating,  acquiring,  constructing, rehabilitating or improving such motor
bus terminal, the port authority shall find it necessary  or  convenient
to  acquire any real property, as herein defined, in this state, whether
for immediate or future use, the port authority may find  and  determine
that  such property, whether a fee simple absolute or a lesser interest,
is required for public use, and upon such determination, the said  prop-
erty  shall  be  and  shall be deemed to be required for such public use
until  otherwise  determined  by  the  port  authority;  and  with   the
exceptions  hereinafter specifically noted, the said determination shall
not be affected by the fact that  such  property  has  theretofore  been
taken  for,  or  is then devoted to, a public use; but the public use in
the hands or under the control of the port  authority  shall  be  deemed
superior to the public use in the hands of any other person, association
or corporation.
  If  the  port  authority is unable to agree for the acquisition of any
such real property for any reason whatsoever, then  the  port  authority
may  acquire and is hereby authorized to acquire such property whether a
fee simple absolute or a lesser interest, by the exercise of  the  right
of  eminent  domain  under and pursuant to the provisions of the eminent
domain procedure law.
  Anything in this article to the contrary notwithstanding, no  property
now  or  hereafter  vested  in or held by the state or any county, city,
borough, village, township or other municipality shall be taken  by  the
port authority, without the authority or consent of the state or of such
county,  city,  borough,  village,  township,  or  other municipality as
provided in the compact of April thirtieth, nineteen hundred  twenty-one
and  continued  by  article I of this chapter, between the states of New
York and New Jersey, nor shall anything herein impair or  invalidate  in
any  way  any  bonded  indebtedness  of the state, or such county, city,
borough,  village,  township  or  other  municipality,  nor  impair  the
provisions  of  law regulating the payment into sinking funds of revenue
derived from municipal property, or dedicating the revenues derived from
municipal property to a specific purpose. The port authority  is  hereby
authorized and empowered to acquire from any such county, city, borough,
village, township or other municipality, or from any other public agency
or  commission  having jurisdiction in the premises, by agreement there-
with, and such county, city, borough, village,  township,  municipality,
public  agency  or commission, notwithstanding any contrary provision of
law, is hereby authorized and empowered to grant and convey upon reason-
able terms and conditions, any real property, which may be necessary for
the establishment, construction, acquisition, rehabilitation,  operation
and maintenance of such motor bus terminal, including such real property
as has already been devoted to a public use.
  The  port  authority  and its duly authorized agents and employees may
pursuant to the provisions of the eminent  domain  procedure  law  enter
upon  any  land  in  this  state for the purpose of making such surveys,
maps, or other examination thereof as it may deem necessary  or  conven-
ient for the purposes of this article.
  The term "real property" as used in this article is defined to include
lands,  structures,  franchises  and  interests in land, including lands
under water and riparian rights, and  any  and  all  things  and  rights
usually included within the said term, and includes not only fees simple
absolute  but  also  any  and  all  lesser interests, such as easements,

S. 3353--B                         93

rights of way, uses, leases, licenses and all other incorporeal  heredi-
taments and every estate, interest or right, legal or equitable, includ-
ing  terms of years, and liens thereon by way of judgments, mortgages or
otherwise, and also claims for damages to real estate.

                               ARTICLE XII
                            MARINE TERMINALS

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

S. 3353--B                         94

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

S. 3353--B                         95

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

S. 3353--B                         96

and  supplemental  to  and not in limitation or derogation of any of the
powers heretofore conferred upon or delegated to the Port Authority.
  S  1206.  Acquisition  of  land  by  eminent  domain  of condemnation.
Subject to the limitation provided for in section twelve hundred two  of
this article that the Port Authority may not acquire any marine terminal
owned or operated by any municipality or any other property vested in or
held  by any municipality without the authority or consent of such muni-
cipality, the Port Authority may, at its option, exercise the  right  of
eminent  domain or condemnation to acquire real property in the state of
New York for marine terminal purposes as set forth in this section:
  1. If for any of the purposes of  this  article  (including  temporary
construction  purposes,  and  the  making  of  additions, extensions, or
improvements to marine terminals already constructed) the Port Authority
shall find it necessary, convenient or desirable  to  acquire  any  real
property  as  herein  defined,  whether for immediate or future use, the
Port Authority may find and determine that such property, whether a  fee
simple  absolute or a lesser interest, is required for a public use, and
upon such determination, the said real property shall be  and  shall  be
deemed  to be required for such public use until otherwise determined by
the Port Authority;  and, subject to the limitation hereinbefore specif-
ically noted, the said determination shall not be affected by  the  fact
that  such  property  has theretofore been taken for, or is then devoted
to, a public use;  but the public use in the hands or under the  control
of  the Port Authority shall be deemed superior to the public use in the
hands of any other person, association or corporation, provided,  howev-
er,  that  nothing  herein  contained  shall  be construed to permit the
taking by exercise of the right of eminent domain by the Port  Authority
of any property owned by any railroad or railway corporation and devoted
to  use  by such corporation in its operations, or acquired prior to the
effective date of this article  and  held  for  such  use,  without  the
authority or consent of such corporation.
  The  Port  Authority  may  acquire and is hereby authorized to acquire
such property, whether a fee simple absolute or a  lesser  interest,  by
the  exercise  of  the right of eminent domain under and pursuant to the
provisions of the eminent domain procedure law of the state of New York.
  2. Unless and until the state of New York otherwise provides  by  law,
the  Port Authority shall not have the power to acquire real property in
the state of New York for marine terminal purposes  by  condemnation  or
the  right  of  eminent  domain  except for real property within the two
tracts in the borough of Brooklyn, county of Kings, city  and  state  of
New  York,  hereinafter  bounded and described, necessary, convenient or
desirable, in the opinion of the Port  Authority,  for  the  purpose  of
making  additions,  extensions  or  improvements  to  the Port Authority
marine terminal known as the Brooklyn-Port Authority piers:
  (a) TRACT I
  BEGINNING at a point formed by the intersection of the  centerline  of
Fulton  Street  and  the  centerline of Furman Street running thence (1)
southwesterly along the centerline of Furman Street to the northeasterly
side of Joralemon Street;  thence (2) northwesterly along the northeast-
erly side of Joralemon Street three hundred twenty five and  twenty-five
one  hundredths  feet more or less, to the point of intersection of said
northeasterly side of Joralemon Street with the  southeasterly  boundary
of  the  land granted by the people of the state of New York to New York
Dock Company by grant dated April 1, 1902 and recorded in the office  of
the  Regster of Kings county on April 19, 1902 in liber 16, section 1 of
conveyances, page 52; thence (3) southwesterly along said  southeasterly

S. 3353--B                         97

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

S. 3353--B                         98

(1)  southwesterly along the centerline of Columbia Street to the inter-
section thereof  with  the  centerline  of  Kane  Street;    thence  (2)
northwesterly  along  the  centerline of Kane Street to the intersection
thereof  with  the centerline of Van Brunt Street;  thence (3) southwes-
terly along the centerline of Van Brunt Street to the intersection ther-
eof with the centerline of Summit  Street;    thence  (4)  northwesterly
along  the  centerline of Summit Street to the intersection thereof with
the centerline of Imlay Street;   thence  (5)  southwesterly  along  the
centerline  of  Imlay  Street  to a point where said centerline of Imlay
Street intersects the centerline  of  Bowne  Street  (sixty  feet  wide)
projected  northwesterly  across  Imlay  Street  and  the  line of lands
conveyed by New York Dock Company to Imlay  Corporation  by  deed  dated
July  28, 1950;  thence (6) northwesterly along said centerline of Bowne
Street projected northwesterly from the centerline  of  Imlay  Street  a
distance  of  one  hundred  thirty-three feet seven inches more or less;
thence (7) southwesterly parallel with the northwesterly side  of  Imlay
Street five hundred twenty feet to a point in a line which is the center
line  of  Commerce Street projected northwesterly from the northwesterly
side of Imlay Street;  thence (8) northwesterly along said line which is
the center line of Commerce  Street  projected  northwesterly  from  the
northwesterly side of Imlay Street twenty-three feet six inches;  thence
(9)  southwesterly  parallel with the northwesterly side of Imlay Street
four hundred fifty-seven feet eight inches;   thence (10)  northwesterly
parallel   with  the  northeasterly  side  of  Verona  Street  projected
northwesterly across Imlay Street four feet eight  inches;  thence  (11)
southwesterly parallel with the northwesterly side of Imlay Street nine-
ty-two  feet  four inches to the intersection of said course number (11)
with the southwesterly side of  Verona  Street  projected  northwesterly
across  Imlay  Street; thence (12) northwesterly along the southwesterly
side of Verona Street projected  northwesterly  from  the  northwesterly
side  of Imlay Street forty-three feet three inches to the southeasterly
boundary of Commercial Wharf;    thence  (13)  southwesterly  along  the
southeasterly  boundary  of Commercial Wharf four hundred ninety feet to
the centerline of  Pioneer  Street  (sixty  feet  wide);    thence  (14)
northwesterly  along  the  centerline  of Pioneer Street ten feet to the
centerline of Conover Street as extended;    thence  (15)  southwesterly
along  the  centerline  of Conover Street two hundred sixty feet more or
less to the intersection thereof with the  centerline  of  King  Street;
thence  (16)  northwesterly  along  the  centerline  of King Street five
hundred sixty feet more or less to the  intersection  thereof  with  the
centerline  of  Ferris  Street;    thence  (17)  southwesterly along the
centerline of Ferris Street one hundred forty-four feet  more  or  less;
thence  (18)  northwesterly and parallel with the centerline of Sullivan
Street four hundred twenty-six feet;  thence (19) northeasterly parallel
with the northwesterly side of Ferris Street  three  hundred  thirty-one
feet  three and one half inches;  thence (20) northwesterly along a line
forming an exterior angle of ninety-nine degrees fifty-four minutes  and
forty-one  seconds  with  course number (19) hereof, two hundred thirty-
eight feet two inches to the United States  pierhead  line  thence  (21)
northeasterly  along  the  United  States  pierhead line to the point of
intersection of said pierhead line with a line drawn in continuation  of
the  southerly side of Atlantic Avenue;  thence (22) southeasterly along
said line drawn in continuation of the southerly side of Atlantic Avenue
and along the said southerly side of Atlantic Avenue, one thousand three
hundred seventy-five and sixty-seven one-hundredths feet, more  or  less
to the point or place of beginning.

S. 3353--B                         99

  3.  The  foregoing limitations shall not be construed to limit, affect
or impair the power of the Port Authority to acquire  real  property  at
any  time or place for marine terminal purposes by negotiation or in any
manner other than by condemnation  or  the  exercise  of  the  right  of
eminent domain.
  S  1207.  Unappropriated lands.   In the event that the Port Authority
shall find it necessary or desirable to acquire any unappropriated state
land or lands under water in the state of New York for  marine  terminal
purposes,  the  commissioner  of general services may grant, transfer or
convey such unappropriated state land or lands under water to  the  Port
Authority  under  such terms and conditions as may be determined by said
commissioner.
  S 1208. Funding; bonds. The obligations issued by the  port  authority
to provide funds for any marine terminal purpose are hereby made securi-
ties  in  which  all  state  and  municipal  officers and bodies of both
states, all trust companies and banks  other  than  savings  banks,  all
building  and  loan associations, savings and loan associations, invest-
ment companies and other persons carrying on a commercial banking  busi-
ness,  all insurance companies, insurance associations and other persons
carrying on an insurance business, and  all  administrators,  executors,
guardians,  trustees  and  other  fiduciaries, and all other persons and
legal entities whatsoever (other than savings banks), who are now or may
hereafter be authorized by either state  to  invest  in  bonds  of  such
state,  may  properly  and  legally invest any funds, including capital,
belonging to them or within their  control,  and  said  obligations  are
hereby  made securities which may properly and legally be deposited with
and shall be received by any state or municipal  officer  or  agency  of
either  state  for  any  purpose  for which the deposit of bonds of such
state is now or may hereafter be authorized.  The obligations issued  by
the  port  authority to provide funds for any marine terminal purpose as
security for which the  general  reserve  fund  of  the  port  authority
authorized  by  chapter  forty-eight of the laws of New York of nineteen
hundred thirty-one as amended and continued by article XXX of this chap-
ter, shall have been pledged in whole or in part are hereby made securi-
ties in which all savings banks also may properly and legally invest any
funds, including capital, belonging to them or within their control.

                              ARTICLE XIII
                              AIR TERMINALS

Section 1301.   Authorization.
        1302.   Restrictions.
        1303.   Definitions.
        1304.   Purpose.
        1304-a. Operation of air terminals; noise prohibition.
        1305.   Taxes; assessments.
        1306.   General reserve fund; repayment.
        1307.   Bonds.
        1308.   Municipality consent.
        1309.   Acquisition limitations.
        1310.   Federal aid.
        1311.   Lands under water.
        1312.   Repayment of bonds and obligations.
        1313.   Contrary declarations.
        1314.   Agreement between the states.
        1315.   Federal aid procedure; application.

S. 3353--B                         100

  S 1301. Authorization.   Upon the concurrence  of  the  state  of  New
Jersey,  the  states  of  New York and New Jersey declare and agree that
each air terminal within the Port of New York District serves the entire
district, and that the problem of furnishing  proper  and  adequate  air
terminal  facilities  within  the  district is a regional and interstate
problem, and that it is and shall be the policy of  the  two  states  to
encourage the integration of such air terminals so far as practicable in
a unified system.
  Accordingly, in furtherance of said policy and in partial effectuation
of  the comprehensive plan, heretofore adopted by the two states for the
development of terminal and transportation facilities in the Port of New
York District, the states of New York and New Jersey agree that the port
authority  shall  be  authorized  to  effectuate,  establish,   acquire,
construct, rehabilitate, improve, maintain and operate air terminals, as
hereinafter  defined,  within the Port of New York District, and the two
said states further agree that all cities  and  other  state  and  local
agencies  shall  be and they hereby are authorized to cooperate with the
port authority in the  development  of  air  terminals,  as  hereinafter
provided.
  S  1302. Restrictions.  Nothing herein contained shall be construed to
authorize the port authority to acquire any air terminal owned or  oper-
ated by any city or other municipality or public authority, or any other
property now or hereafter vested in or held by any city or other munici-
pality  or  public  authority,  without the authority or consent of such
city or other municipality or  public  authority,  as  provided  in  the
compact  of  April thirtieth, nineteen hundred twenty-one, and continued
by article I of this chapter, between the states of  New  York  and  New
Jersey,  nor  shall  anything herein impair or invalidate in any way any
bonded indebtedness of the state, or any city or other  municipality  or
public  authority,  nor  impair  the  provisions  of  law regulating the
payment into sinking funds of revenue derived from  municipal  property,
or dedicating the revenues derived from municipal property to a specific
purpose.
  S  1303. Definitions.   The following terms as used herein shall mean:
1. "Air  terminals"  shall  mean  developments  consisting  of  runways,
hangars,  control  towers,  ramps, wharves, bulkheads, buildings, struc-
tures, parking areas, improvements, facilities or  other  real  property
necessary, convenient or desirable for the landing, taking off, accommo-
dation and servicing of aircraft of all types, including but not limited
to  airplanes,  airships,  dirigibles, helicopters, gliders, amphibians,
seaplanes, or any other contrivance now or hereafter used for the  navi-
gation of or flight in air or space, operated by carriers engaged in the
transportation  of  passengers  or cargo, or for the loading, unloading,
interchange or transfer of such passengers or  their  baggage,  or  such
cargo,  or  otherwise  for the accommodation, use or convenience of such
passengers, or such carriers or their employees (facilities and accommo-
dations at sites removed from landing fields and  other  landing  areas,
however,  except as otherwise provided in this section, to be limited to
ticket stations and passenger stations for air  passengers,  to  express
and freight stations for air express and air freight, and to beacons and
other  aids to air navigation), or for the landing, taking off, accommo-
dation and servicing of aircraft owned or operated by persons other than
carriers.  It shall also mean facilities  providing  access  to  an  air
terminal,  consisting  of  rail,  rapid  transit  or other forms of mass
transportation which furnish a connection between the air  terminal  and
other  points in the port district, including appropriate mass transpor-

S. 3353--B                         101

tation terminal facilities at and within the  air  terminal  itself  and
suitable  offsite  facilities  for  the accommodation of air passengers,
baggage, mail, express, freight and other users of the connecting facil-
ity.  It shall also mean such highway project or projects in the vicini-
ty  of an air terminal providing improved access to such air terminal as
shall be designated in legislation adopted by the two  states.  Notwith-
standing  any  contrary  provision of law, general, special or local, it
shall also mean railroad freight projects related or of  benefit  to  an
air  terminal  or  which  are  necessary, convenient or desirable in the
opinion of the port authority for the protection  or  promotion  of  the
commerce  of the port district, consisting of railroad freight transpor-
tation facilities or railroad freight  terminal  facilities;    and  any
equipment,  improvement,  structure  or  facility  or  any land, and any
building, structure, facility  or  other  improvement  thereon,  or  any
combination  thereof,  and  all real and personal property in connection
therewith or incidental thereto, deemed necessary or  desirable  in  the
opinion  of the port authority, whether or not now in existence or under
construction, for the undertaking of such railroad freight projects.
  2. "Air terminal bonds" shall mean bonds issued by the port  authority
for air terminal purposes.
  3. "Air terminal purposes" shall mean the effectuation, establishment,
acquisition,  construction,  rehabilitation, improvement, maintenance or
operation of air terminals owned, leased or operated by the port author-
ity of New York and New Jersey (including airports operated under  revo-
cable  permits)  or  operated  by others pursuant to agreements with the
port authority.
  4. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness.
  5. "General reserve fund" shall mean the general reserve fund  of  the
port authority authorized by chapter forty-eight of the laws of New York
of  nineteen  hundred thirty-one as amended and continued by article XXX
of this chapter, and chapter five of the laws of New Jersey of  nineteen
hundred thirty-one, as amended.
  6.  "General  reserve fund statutes" shall mean chapter forty-eight of
the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
continued  by  article XXX of this chapter, and chapter five of the laws
of New Jersey of nineteen hundred thirty-one, as amended.
  7. "Municipality" shall mean a county, city, borough,  village,  town-
ship, town, public agency, public authority or political subdivision.
  8. "Real property" shall mean lands, structures, franchises and inter-
ests  in  land,  including air space and air rights, waters, lands under
water and riparian rights, and any and all things  and  rights  included
within  the  said  term,  and includes not only fees simple absolute but
also any and all lesser interests, including but not  limited  to  ease-
ments,  rights  of way, uses, leases, licenses and all other incorporeal
hereditaments and every estate, interest or right, legal  or  equitable,
including  terms  for years and liens thereon by way of judgments, mort-
gages or otherwise.
  S  1304.  Purpose.    The  effectuation,  establishment,  acquisition,
construction,  rehabilitation, improvement, maintenance and operation of
air terminals by the port authority is and will be in all  respects  for
the  benefit of the people of the states of New York and New Jersey, for
the increase of their commerce and prosperity, and for  the  improvement
of  their health and living conditions;  and the port authority shall be
regarded as performing an essential governmental function in undertaking
the effectuation, establishment,  acquisition,  construction,  rehabili-

S. 3353--B                         102

tation,  improvement,  maintenance or operation thereof, and in carrying
out the provisions of law relating thereto.
  S  1304-a.  Operation of air terminals; noise prohibition. 1. The port
authority shall not permit or contract for the landing or takeoff of any
aircraft which emits a noise in excess of 108 EPNdB as measured  as  set
forth herein at any airport it maintains or operates; provided, however,
in  any  case  of emergency involving the possible saving of human life,
the prohibition of this subdivision may be temporarily suspended.
  2. Measurement. For purposes of this section, aircraft noise is to  be
measured at the following points:
  (a)  For  takeoff, at a point 3.5 nautical miles from the start of the
takeoff roll on the extended centerline of the runway;
  (b) For approach, at a point one nautical mile from the  threshold  on
the extended centerline of the runway;  and
  (c)  For  the  sideline,  at the point, on a line parallel to and 0.25
nautical miles from the extended centerline of  the  runway,  where  the
noise  level  after  liftoff  is  greatest,  except  that, for airplanes
powered by more than three turbojet engines, this distance must be  0.35
nautical miles.
  3.  Exceptions.   Notwithstanding the requirements of subdivisions one
and two of this section the port authority in its discretion may, up  to
a  maximum noise level not exceeding 112 PNdB on takeoff, as measured by
the port authority in the manner used by the port authority to make such
measurements on the effective date of this section, grant  an  exception
thereto  to  any classification of aircraft built prior to the effective
date of this article and which has heretofore used the  airport  facili-
ties  of  the  port authority, even though said aircraft does not comply
with subdivisions one and two of this section, upon a showing  that  (a)
the  aircraft  is  capable  of being equipped with retrofit equipment to
reduce the noise thereof to comply with the  foregoing  requirements  of
the  airport  operator,  and, in addition, (b) that such modification by
way of retrofit to reduce its noise  shall  be  accomplished  upon  such
terms  and  conditions  to  assure  compliance as the port authority, as
airport operator, may require, within five years of the date of applica-
tion for an exception hereunder but in no event later than  June  first,
nineteen hundred eighty-one.
  S  1305.  Taxes;  assessments. The port authority shall be required to
pay no taxes or assessments upon any of the property acquired or used by
it for air terminal purposes;   but  this  shall  not  be  construed  to
prevent  the port authority and municipalities from entering into agree-
ments for the payment of fair and reasonable sums by the port  authority
annually  in  accordance  with legislation heretofore adopted by the two
states, to the end that such municipalities may not suffer undue loss of
taxes and assessments by reason of  the  acquisition  and  ownership  of
property by the port authority for air terminal purposes.
  S  1306.    General reserve fund; repayment. The moneys in the general
reserve fund of the port authority may be pledged in whole or in part by
the port authority as security for or applied by  it  to  the  repayment
with  interest  of any moneys which it may raise upon bonds issued by it
from time to time to provide funds for air terminal purposes;   and  the
moneys in said general reserve fund may be applied by the port authority
to  the  fulfillment of any other undertakings which it may assume to or
for the benefit of the holders of any such bonds.
  Subject to prior liens and pledges, (and to the obligation of the port
authority to apply revenues to the maintenance of  its  general  reserve
fund in the amount prescribed by the general reserve fund statutes), the

S. 3353--B                         103

revenues of the port authority from facilities established, constructed,
acquired  or  effectuated  through  the issuance or sale of bonds of the
port authority secured by a pledge of its general reserve  fund  may  be
pledged  in  whole  or  in  part as security for or applied by it to the
repayment with interest of any moneys which  it  may  raise  upon  bonds
issued by it to provide funds for air terminal purposes, and said reven-
ues may be applied by the port authority to the fulfillment of any other
undertakings which it may assume to or for the benefit of the holders of
such bonds.
  S 1307. Bonds. The bonds issued by the port authority to provide funds
for  air terminal purposes are hereby made securities in which all state
and municipal officers and bodies of both states,  all  banks,  bankers,
trust  companies, savings banks, building and loan associations, savings
and loan associations, investment companies and other  persons  carrying
on  a  banking business, all insurance companies, insurance associations
and other persons carrying on an insurance business, and all administra-
tors, executors, guardians, trustees  and  other  fiduciaries,  and  all
other  persons whatsoever, who are now or may hereafter be authorized by
either state to invest in bonds or other obligations of such state,  may
properly  and  legally invest any funds, including capital, belonging to
them or within their control;  and said bonds are hereby made securities
which may properly and legally be deposited with and shall  be  received
by  any  state  or  municipal  officer or agency of either state for any
purpose for which the deposit of bonds  or  other  obligations  of  such
state is now or may hereafter be authorized.
  S   1308.   Municipality  consent.  1.  Notwithstanding  any  contrary
provision of law, every municipality in the Port of New York District is
authorized and empowered to consent to the use by the port authority  of
any  air  terminal owned by such municipality or of any real or personal
property owned by such municipality and necessary, convenient or desira-
ble in the opinion of the port  authority  for  air  terminal  purposes,
including  such  real  property  as has already been devoted to a public
use, and as an incident to such consent, to  grant,  convey,  lease,  or
otherwise  transfer  to the port authority any such air terminal or real
or personal property, upon such terms as may be determined by  the  port
authority  and  such  municipality.    Every  such  municipality is also
authorized and empowered as an incident to such consent to vest  in  the
port authority the control, operation, maintenance, rents, tolls, charg-
es  and any and all other revenues of any air terminal now owned by such
municipality, the title to such air terminal remaining in  such  munici-
pality.  Such consent shall be given and the execution of any agreement,
deed,  lease, conveyance, or other instrument evidencing such consent or
given as an incident thereto shall be authorized in the manner  provided
in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
hundred twenty-one, and continued by article I of this chapter,  between
the two states creating the port authority.
  2.  Notwithstanding  any contrary provision of law, every municipality
outside the port district is authorized and empowered to consent to  the
use  of  real property owned by such municipality and necessary, conven-
ient or desirable in the opinion of the port authority  for  beacons  or
other aids to navigation, or to the use of any air space over real prop-
erty owned by such municipality;  and as an incident to such consent, to
grant,  lease,  convey  or otherwise transfer to the port authority such
real property or air space.
  Such consent shall be given and the execution of any agreement,  deed,
lease,  conveyance  or other instrument evidencing such consent or given

S. 3353--B                         104

as an incident thereto, shall be given by the  officer,  board  or  body
authorized  by  law  to convey such property, or if no officer, board or
body be otherwise authorized so to do, by the  governing  body  of  such
municipality.
  3.  The  states  of  New  York and New Jersey hereby consent to suits,
actions or proceedings of any form or nature in law, equity or otherwise
by any city or other municipality against the port  authority  upon,  in
connection with or arising out of any such agreement, agreements, or any
modification  thereof  or supplement thereto, for the following types of
relief and for such purposes only:
  (a) For money damages for breach thereof,
  (b) For money damages for torts arising out of the  operation  of  the
municipal air terminal,
  (c) For rent,
  (d) For specific performance,
  (e) For reformation thereof,
  (f) For accounting,
  (g) For declaratory judgment,
  (h) For judgments, orders or decrees restraining or enjoining the port
authority  from  transferring title to real property to third persons in
cases where it has contracted with such city or  other  municipality  to
transfer such title to such city or municipality, and
  (i) For judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreements with such municipality, provided that such judgment, order or
decree  shall  not be entered except upon two days' prior written notice
to the port  authority  of  the  proposed  entry  thereof  and  provided
further, that upon an appeal taken by the port authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  4.  When  rules  of  venue are applicable, the venue of any such suit,
action or proceeding shall be laid in the county or judicial district in
which the air terminal, which is the subject matter  of  such  agreement
between  the  port  authority and the city or other municipality, or any
part thereof, is located.
  5. If any clause, sentence, paragraph, or part of this subdivision, or
the application thereof to any person or circumstances, shall,  for  any
reason,  be adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the  remainder  of
this  subdivision,  and  the  application thereof to any other person or
circumstances, but shall be confined in its  operation  to  the  clause,
sentence, paragraph, or part thereof directly involved in the controver-
sy  in which such judgment shall have been rendered and to the person or
circumstances involved.
  S 1309. Acquisition limitations.   The powers hereinafter  granted  to
the port authority to acquire real property by condemnation or the right
of  eminent  domain  shall  be  subject  to the limitations set forth in
section thirteen hundred two of this article, and also to the  following
further limitations:
  1.  Unless  and until the state of New York otherwise provides by law,
the port authority shall not have power to acquire real property in that
state for air terminal purposes by condemnation or the right of  eminent
domain  except  for  the  purpose  of  making  additions, extensions and
improvements to the three air terminals in New York  city  known  as  La
Guardia  airport,  John F. Kennedy international airport (formerly known

S. 3353--B                         105

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

S. 3353--B                         106

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

S. 3353--B                         107

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

S. 3353--B                         108

ing  any such agency of this state with power or discretion with respect
to the making of such applications for federal aid  or  the  receipt  or
disbursement  thereof,  then such officer, board, commission, department
or other agency of this state shall have power to waive such requirement
in  whole  or  in  part  temporarily  or permanently insofar as the port
authority is concerned.

                               ARTICLE XIV
                             EMINENT DOMAIN

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

                               ARTICLE XV
                    SUITS AGAINST THE PORT AUTHORITY

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

S. 3353--B                         109

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

S. 3353--B                         110

suit, action or  proceeding  commenced  within  the  time  specified  in
section  fifteen  hundred  seven of this article then any court in which
such suit, action or proceeding may be brought  may  in  its  discretion
grant  leave  to  serve  the  notice  of claim and to commence the suit,
action or proceeding within a reasonable time but in  any  event  within
three  years  after  the  cause  of action accrued. Application for such
leave must be made upon an affidavit showing the particular facts  which
caused  the  delay  and  shall  be accompanied by a copy of the proposed
notice of claim if such notice has not been served, and such application
shall be made only upon notice to the port authority.
  S 1509. Limits of liability.  The commissioners, officers or employees
of the port  authority  shall  not  be  subject  to  suits,  actions  or
proceedings  for judgments, orders or decrees restraining, preventing or
enjoining them in their official or personal capacities from  committing
or  continuing to commit any act or acts on behalf of the port authority
other than suits, actions and proceedings brought by the attorney gener-
al of New York or by the attorney general of New Jersey or by  the  port
authority itself--each of said attorneys general being hereby authorized
to  bring such suits, actions or proceedings in his discretion on behalf
of any person or persons whatsoever who requests him so to do except  in
the  cases  excluded  by  sections  fifteen hundred two, fifteen hundred
three and fifteen hundred four of this article; provided,  that  in  any
such  suit,  action or proceeding brought by either attorney general, no
judgment, order or decree shall be entered  except  upon  at  least  two
days' notice to the defendant of the proposed entry thereof.
  S  1510. Other suits, actions or proceedings.  Nothing herein shall be
deemed to revoke, rescind or affect any consents to  suits,  actions  or
proceedings  against the port authority heretofore given by the two said
states in chapter eight hundred two of the laws of New York of  nineteen
hundred  forty-seven,  as amended, and continued by article XIII of this
chapter, and chapter forty-three of the laws of New Jersey  of  nineteen
hundred  forty-seven,  as amended; chapter six hundred thirty-one of the
laws of New York  of  nineteen  hundred  forty-seven,  as  amended,  and
continued by article XII of this chapter; chapter forty-four of the laws
of  New  Jersey of nineteen hundred forty-seven, as amended, and chapter
five hundred thirty-four of the laws of New  York  of  nineteen  hundred
forty-eight,  and  continued by article XII of this chapter, and chapter
ninety-seven of the laws of New Jersey of nineteen hundred forty-eight.
  S 1511. Agreement between the states.  This article together with  the
act  of  the  state of New Jersey concurring herein, shall constitute an
agreement between the states of New York and New Jersey supplementary to
and amendatory of the compact between the two said  states  dated  April
thirtieth,  nineteen  hundred  twenty-one  and continued by article I of
this chapter.

                               ARTICLE XVI
               TRAFFIC REGULATIONS FOR VEHICULAR CROSSINGS

Section 1601. Governing authority.
        1602. Tolls; other charges.
        1603. Operation restrictions.
        1604. Port authority police force.
        1605. Driving procedure.
        1606. Operation requirements.
        1607. Accident protocol.
        1608. Transport restrictions.

S. 3353--B                         111

        1609. Violations.
        1610. Definitions.
        1611. Severability.
        1612. Repeal of previous rules and regulations.
        1613. Agreement between the states.
        1614. Compliance with state law.
        1615. Felonies.
        1616. Misdemeanors.
        1617. Owner  liability  for  failure  of operator to comply with
                toll collection regulations of the port authority.
        1618. Imposition of liability for failure of operator to  comply
                with toll collection regulations of the port authority.
        1619. Adjudication of liability.
  S 1601. Governing authority.  To the end that the interstate vehicular
crossings  operated  by  the  port authority, pursuant to the compact of
April thirtieth, nineteen hundred twenty-one between the states  of  New
York  and New Jersey creating the port authority, may be efficiently and
safely operated in the interest of the people of the states of New  York
and  New  Jersey  and of the nation, the following rules and regulations
governing traffic on vehicular crossings operated by the port authority,
set forth in sections sixteen hundred two through sixteen hundred  eight
of  this  article,  are  hereby  adopted  by the legislatures of the two
states, and are declared to be binding upon all persons and corporations
affected thereby.
  S 1602. Tolls; other charges.   No traffic shall be  permitted  in  or
upon vehicular crossings except upon the payment of such tolls and other
charges as may from time to time be prescribed by the port authority. It
is hereby declared to be unlawful for any person to refuse to pay, or to
evade or to attempt to evade the payment of such tolls or other charges.
  S  1603.  Operation restrictions.   No vehicle shall be operated care-
lessly or negligently, or in  disregard  of  the  rights  or  safety  of
others, or without due caution and circumspection, or at a speed or in a
manner so as to endanger unreasonably or to be likely to endanger unrea-
sonably  persons or property, or while the operator thereof is under the
influence of intoxicating liquors or any narcotic or habit-forming drug,
nor shall any vehicle be so constructed, equipped or loaded as to endan-
ger unreasonably or to be likely to  endanger  unreasonably  persons  or
property.
  S 1604. Port authority police force.  All persons in or upon vehicular
crossings  must  at  all  times  comply with any lawful order, signal or
direction by voice or hand of any member of the  port  authority  police
force. When traffic is controlled by traffic lights, signs or by mechan-
ical  or  electrical  signals,  such  lights, signs and signals shall be
obeyed unless a port authority police officer directs otherwise.
  S 1605. Driving procedure.  Unless otherwise directed, vehicles  shall
at  all  times stay to the right of the center of all roadways except in
the case of one-way roadways; slow-moving vehicles shall remain as close
as possible to the right-hand edge or curb of the roadway; and  where  a
roadway is marked with traffic lanes vehicles shall not cross markings.
  S 1606. Operation requirements.  No person shall operate a motor vehi-
cle  in  or  upon  any  part  of  a vehicular crossing unless he is duly
authorized to operate motor vehicles in the state in which such part  of
the  vehicular  crossing is located. No motor vehicle shall be permitted
in or upon any part of a vehicular crossing which is not  registered  in
accordance  with  the  provisions  of the law of the state in which such
part of the vehicular crossing is located.

S. 3353--B                         112

  S 1607. Accident protocol.  The operator of any vehicle involved in an
accident resulting in injury or death to any person  or  damage  to  any
property  shall  immediately stop such vehicle at the scene of the acci-
dent, render such assistance as  may  be  needed,  and  give  his  name,
address,  and  operator's  license and registration number to the person
injured or to any officer or witness of the injury. The operator of such
vehicle shall make a report of such accident in accordance with the  law
of the state in which such accident occurred.
  S  1608. Transport restrictions.  No person shall transport in or upon
a vehicular crossing, any dynamite, nitroglycerin, black  powder,  fire-
works,  blasting  caps  or  other  explosives, gasoline, alcohol, ether,
liquid shellac, kerosene, turpentine, formaldehyde or other  inflammable
or  combustible  liquids,  ammonium  nitrate, sodium chlorate, wet hemp,
powdered metallic magnesium, nitro-cellulose film,  peroxides  or  other
readily  inflammable  solids  or oxidizing materials, hydrochloric acid,
sulfuric acid or other corrosive liquids, prussic acid, phosgene, arsen-
ic, carbolic acid, potassium cyanide, tear gas, lewisite  or  any  other
poisonous  substances,  liquids  or gases, or any compressed gas, or any
radio-active article, substance or material, at such time or place or in
such manner or condition as to endanger unreasonably or as to be  likely
to endanger unreasonably persons or property.
  S 1609. Violations.  Violations of the rules and regulations set forth
in  sections  sixteen  hundred two through sixteen hundred eight of this
article committed within the territorial limits of either state shall be
punishable as may be provided by the laws of such state but  the  penal-
ties  prescribed  by  either state shall not preclude the port authority
from excluding from vehicular crossings permanently or for  a  specified
time,  all  vehicles violating any of the said rules and regulations, as
well as other vehicles owned or operated by the  owner  or  operator  of
such vehicle.
  S  1610.  Definitions.   The following terms as used herein shall have
the indicated meanings:
  1. "Traffic" shall include pedestrians, ridden animals, herded animals
and vehicles whether moved by human power or otherwise.
  2. "Vehicular crossings" shall include not only  bridges  and  tunnels
operated  by  the  port authority, but also their plazas and approaches,
but shall not include any lands granted by the  port  authority  to  the
states  of  New  York  or  New Jersey or to a municipality for street or
highway purposes even though such street or highway constitutes a  means
of access to or egress from such vehicular crossing.
  S  1611. Severability.  If any term or provision of this article shall
be declared unconstitutional or ineffective in whole or  in  part  by  a
court  of  competent  jurisdiction,  then  to  the extent that it is not
unconstitutional or  ineffective,  such  term  or  provisions  shall  be
enforced  and  effectuated,  nor  shall  such determination be deemed to
invalidate the remaining terms or provisions thereof.
  S 1612. Repeal of previous rules and regulations.  The two said states
agree that chapter two hundred fifty-one of the  laws  of  New  York  of
nineteen  hundred  thirty-four,  entitled "An act establishing rules and
regulations for the control of traffic on  the  interstate  bridges  and
tunnels  operated  by  the  Port  of  New York Authority and prescribing
proceedings and penalties for their violations", and chapter one hundred
forty-six of the pamphlet laws of New Jersey, nineteen  hundred  thirty-
two, entitled "An act establishing rules and regulations for the control
of  traffic  on the inter-state bridges and tunnels operated by the Port
of New York Authority and  prescribing  proceedings  and  penalties  for

S. 3353--B                         113

their violations", shall be and are repealed as of the date this article
takes effect.
  S  1613. Agreement between the states.  This section and the preceding
sections of this article, together with the  corresponding  sections  of
the  act  of the state of New Jersey concurring herein, shall constitute
an agreement between the states of New York and New Jersey supplementary
to the compact between the two states dated  April  thirtieth,  nineteen
hundred  twenty-one,  and  amendatory  thereof,  and  shall be liberally
construed to effectuate the purposes of said compact and of  the  agree-
ments  of the two states amendatory thereof or supplemental thereto; and
shall be construed to be in aid of and supplemental to and not in  limi-
tation  of  or  in derogation of the powers heretofore conferred upon or
delegated to the port authority.
  S 1614. Compliance with state law.  If the violation within the  state
of  any  of  the  rules  and  regulations  set forth in sections sixteen
hundred two through sixteen hundred eight of this article including  but
not  limited  to those regarding the payment of tolls, would have been a
felony, misdemeanor or other punishable  offense  if  committed  on  any
public  road,  street,  highway or turnpike in the municipality in which
such violation occurred, it shall be tried  and  punished  in  the  same
manner  as if it had been committed on such public road, street, highway
or turnpike.
  S 1615. Felonies.  Notwithstanding the provisions of  section  sixteen
hundred  fourteen  of this article, if the violation within the state of
the rule and regulation set forth in section  sixteen  hundred  nine  of
this  article  shall result in injury or death to a person or persons or
damage to property in excess of the value of five thousand dollars, such
violation shall constitute a felony.
  S 1616. Misdemeanors.  Except as provided in sections sixteen  hundred
fourteen  and  sixteen  hundred  fifteen  of this article, any violation
within the state of any of  the  rules  and  regulations  set  forth  in
sections sixteen hundred two through sixteen hundred eight of this arti-
cle  including  but not limited to those regarding the payment of tolls,
shall constitute a misdemeanor and shall be  punishable  as  an  offense
triable  in  a  magistrate's  court by a fine not exceeding five hundred
dollars or by imprisonment not exceeding sixty days or by both such fine
and imprisonment.
  S 1617. Owner liability for failure of operator to  comply  with  toll
collection  regulations of the port authority. Notwithstanding any other
provision of law and  in  accordance  with  the  provisions  of  section
sixteen  hundred  eighteen of this article, an owner of a vehicle may be
held liable for failure of an operator thereof to comply with  the  toll
collection  regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of  a  vehicle  shall  be
liable  pursuant  to  this  section if such vehicle was used or operated
with the permission of the owner, express or implied,  in  violation  of
the  toll  collection  regulations  of  the  port  authority,  and  such
violation is evidenced by information obtained from  a  photo-monitoring
system,  provided,  however,  that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation  of
those toll collection regulations for the same incident.
  S 1618. Imposition of liability for failure of operator to comply with
toll  collection  regulations  of  the port authority. The liability set
forth in section sixteen hundred seventeen of  this  article,  shall  be
imposed  upon  an  owner  for  a  violation  by  an operator of the toll

S. 3353--B                         114

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

S. 3353--B                         115

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

S. 3353--B                         116

liability to the lessee within ten days after the court, or other entity
having  jurisdiction,  deems the lessee to be the owner. For purposes of
this subdivision the term "lessor" shall mean any  person,  corporation,
firm,  partnership,  agency,  association or organization engaged in the
business of renting or leasing vehicles to any  lessee  under  a  rental
agreement,  lease or otherwise wherein the said lessee has the exclusive
use of said vehicle for any period of time. For  the  purposes  of  this
subdivision, the term "lessee" shall mean any person, corporation, firm,
partnership,  agency,  association or organization that rents, leases or
contracts for the use of one or more  vehicles  and  has  exclusive  use
thereof for any period of time.
  7.  Except as provided in subdivision six of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations of the port authority  that  the  individual  who
received  the  notice  of liability pursuant to this section was not the
owner of the vehicle at the time the violation occurred.  If  the  owner
liable  for  a  violation of the toll collection regulations of the port
authority pursuant to this section was not the operator of  the  vehicle
at  the  time  of  the  violation,  the owner may maintain an action for
indemnification against the operator. The operator of  the  vehicle  may
apply to the court or other entity having jurisdiction to adjudicate the
liability  imposed  under  this section to accept responsibility for the
violation and satisfactorily discharge all  applicable  tolls,  charges,
and penalties related to the violation.
  8. "Electronic toll collection system" shall mean a system of collect-
ing  tolls or charges which is capable of charging an account holder the
appropriate toll or charge by transmission of information from an  elec-
tronic  device on a motor vehicle to the toll lane, which information is
used to charge the account the appropriate toll or charge.  In  adopting
procedures for the preparation and mailing of a notice of liability, the
port  authority  or  its duly authorized agent shall adopt guidelines to
ensure adequate and timely notice  to  all  electronic  toll  collection
system  account  holders  to  inform them when their accounts are delin-
quent. An owner who is an  account  holder  under  the  electronic  toll
collection  system  shall  not  be  found liable for a violation of this
section unless such authority has first sent a notice of delinquency  to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  9.  Nothing  in this section shall be construed to limit the liability
of an operator of a vehicle for any violation  of  the  toll  collection
regulations of the port authority. Nothing in this section shall author-
ize or preclude the port authority from excluding from any of its facil-
ities,  in  its  sole discretion, any or all vehicles found liable under
this section as well as other vehicles owned or operated by the owner or
operator of such vehicle.
  10. Notwithstanding any  other  provision  of  law,  all  photographs,
microphotographs,  videotape  or other recorded images prepared pursuant
to this section shall be for the exclusive use of the port authority  in
the  discharge of its duties under this section and shall not be open to
the public nor be used in any court in any action or proceeding  pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity  or  its  duly  authorized  agent shall not sell, distribute or make
available in any  way,  the  names  and  addresses  of  electronic  toll
collection  system  account  holders,  or  any information compiled from

S. 3353--B                         117

transactions with such account holders, without  such  account  holders'
consent  to any entity that will use such information for any commercial
purpose provided that the foregoing restriction shall not be  deemed  to
preclude  the  exchange  of  such  information between any entities with
jurisdiction over and or operating a toll highway bridge  and/or  tunnel
facility.
  S  1619.    Adjudication  of  liability. Adjudication of the liability
imposed upon an owner by section sixteen hundred seventeen of this arti-
cle for a violation of the  toll  collection  regulations  of  the  port
authority  occurring  within  the territorial limits of the state of New
York shall be in accordance with sections two hundred  thirty-five,  two
hundred  thirty-six,  two hundred thirty-seven, two hundred thirty-nine,
two hundred forty, two hundred forty-one, five hundred ten and  eighteen
hundred  nine  of  the vehicle and traffic law, or by such entity having
jurisdiction over violations of the toll collection regulations  of  the
port  authority  occurring within the territorial limits of the state of
New York, provided that all violations shall be heard and determined  in
the  county  in  which  the violation is alleged to have occurred, or by
consent of both parties, in any county in the state of New York in which
the port authority operates or maintains a facility.    An  owner  found
liable  for  a violation of toll collection regulations pursuant to this
section shall for a first violation thereof be  liable  for  a  monetary
penalty  not to exceed fifty dollars or two times the toll evaded which-
ever is greater; for a second violation  thereof  both  within  eighteen
months  be  liable  for  a  monetary  penalty  not to exceed one hundred
dollars or five times the toll evaded whichever is greater; for a  third
or subsequent violation thereof all within eighteen months be liable for
a  monetary penalty not to exceed one hundred fifty dollars or ten times
the toll evaded whichever is greater.

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

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

S. 3353--B                         118

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

S. 3353--B                         119

  S 1706. Procedures in case of causing injury.   The  operator  of  any
vehicle  involved  in  an  accident on an air terminal highway or marine
terminal highway which results in injury  or  death  to  any  person  or
damage  to any property shall immediately stop such vehicle at the scene
of  the  accident, render such assistance as may be needed, and give his
name, address, and operator's license and  registration  number  to  the
person injured or to any officer or witness of the injury.  The operator
of  such vehicle shall make a report of such accident in accordance with
the law of the state in which such accident occurred.
  S 1707. Prohibited items.  No person shall transport on any air termi-
nal highway or marine  terminal  highway  any  dynamite,  nitroglycerin,
black  powder,  fireworks,  blasting caps or other explosives, gasoline,
alcohol, ether, liquid shellac, kerosene,  turpentine,  formaldehyde  or
other inflammable or combustible liquids, ammonium nitrate, sodium chlo-
rate,  wet  hemp,  powdered  metallic  magnesium,  nitro-cellulose film,
peroxides or other readily inflammable solids  or  oxidizing  materials,
hydrochloric  acid,  sulfuric  acid  or other corrosive liquids, prussic
acid, phosgene, arsenic, carbolic acid,  potassium  cyanide,  tear  gas,
lewisite,  or  any  other poisonous substances, liquids or gases, or any
compressed gas, or any radioactive article, substance  or  material,  at
such  time or place or in such manner or condition as to endanger unrea-
sonably or as to be likely to endanger unreasonably persons or property;
nor shall any person park any vehicle, or  permit  the  same  to  remain
halted on any air terminal highway or marine terminal highway containing
any  of the foregoing, at such time or place or in such manner or condi-
tion as to endanger unreasonably or as to be likely to  endanger  unrea-
sonably persons or property.
  S 1708. Parking.  No person shall park a vehicle or permit the same to
remain  halted  on  any  air terminal highway or marine terminal highway
except at such places and for such periods of time as may be  prescribed
or permitted by the port authority.
  S 1709. Prosecution for violations.  If the violation within the state
of  any  of  the  rules and regulations set forth in this article, would
have been a felony, misdemeanor or other punishable offense if committed
on any public road, street, highway or turnpike in the  municipality  in
which  such  violation  occurred,  it shall be tried and punished in the
same manner as if it had been committed on  such  public  road,  street,
highway or turnpike.
  S 1710. Felony for transport of prohibited items.  Notwithstanding the
provisions  of  section  seventeen  hundred  two of this article, if the
violation within the state of the rule and regulation promulgated pursu-
ant to this article shall result in injury  or  death  to  a  person  or
persons  or  damage  to property in excess of the value of five thousand
dollars, such violation shall constitute a felony.
  S 1711. Misdemeanor for certain violations.   Except  as  provided  in
sections  seventeen  hundred  two  and seventeen hundred three   of this
article, any violation within the state of any of the  rules  and  regu-
lations  promulgated pursuant to this article, shall constitute a misde-
meanor and shall be punishable as an offense triable in  a  magistrate's
court  by  a  fine not exceeding five hundred dollars or by imprisonment
not exceeding sixty days or by both such fine and imprisonment.
  S 1712. Exclusion of vehicles in violations.  The penalties prescribed
in this article shall not preclude the  port  authority  from  excluding
from any air terminal highway or marine terminal highway, permanently or
for  a specified time, all vehicles violating any of the rules and regu-

S. 3353--B                         120

lations promulgated pursuant to this article, as well as other  vehicles
owned or operated by the owner or operator of such vehicle.
  S  1713.  Reserve clause.  Nothing herein contained shall be construed
to affect, diminish or impair the power of this state to enact any  law,
or to impair or diminish, or as recognition of the impairment or diminu-
tion  of any power of this state, legislative or otherwise, with respect
to the port authority, its properties, or persons or property thereon.

                              ARTICLE XVIII
                     NEW YORK - NEW JERSEY AGREEMENT

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

                               ARTICLE XIX
                    SMOKING REGULATION FOR TERMINALS

Section 1901. Smoking prohibition.
        1902. Penalties.
  S 1901. Smoking prohibition.  No person shall smoke, carry, or possess
a  lighted  cigarette,  cigar,  pipe,  match or other lighted instrument
capable of causing naked  flame  in  or  about  any  area,  building  or
appurtenance  of an air terminal, owned or operated by the port authori-
ty, or in or upon any area,  bulkhead,  dock,  pier,  wharf,  warehouse,
building,  structure  or shed of a marine terminal, owned or operated by
the port authority, where  smoking  has  been  prohibited  by  the  port
authority  and  where appropriate signs to that effect have been posted,

S. 3353--B                         121

or on the open deck of any ship, lighter, carfloat, scow or other  simi-
lar  floating  craft  or  equipment when berthed or moored at such dock,
wharf, pier or to a vessel made fast thereto.
  S 1902. Penalties.  Any violation of the rule and regulation set forth
in  section  one  thousand  nine  hundred  one  of this article shall be
punishable as an offense triable in a magistrate's court,  for  a  first
offense,  by  a  fine of not more than fifty dollars or imprisonment for
not more than thirty days or both;  for a second offense, by a  fine  of
not  less  than twenty-five dollars nor more than one hundred dollars or
imprisonment for not more than sixty days or both;  for a third  or  any
other  subsequent  offense, by a fine of not less than fifty dollars nor
more than two hundred dollars or by imprisonment for not more than sixty
days or both.

                               ARTICLE XX
                 SUITS ON LEASE AT INTERNATIONAL AIRPORT

Section 2001. Suits on lease at International Airport.
        2002. Effect.
        2003. Venue.
        2004. Consent.
        2005. Agreement.
  S 2001. Suits on lease at International Airport.  Upon the concurrence
of the state of New Jersey, the  states  of  New  York  and  New  Jersey
consent  to  suits,  actions  or  proceedings  (including proceedings to
enforce arbitration  agreements  and  to  enter  judgments  upon  awards
resulting  therefrom) of any form or nature, at law, in equity or other-
wise by any person or corporation engaged in the business  of  scheduled
transportation  by  aircraft, against the port authority, and to appeals
therefrom and reviews thereof, upon or for the enforcement of any  writ-
ten  contract  for the use or occupancy of space, premises or facilities
at New York International Airport, in the county of Queens, city of  New
York,  state  of  New York, executed on or after January first, nineteen
hundred fifty-three between the port authority and any  such  person  or
corporation,  or  by  any such person or corporation so contracting with
the port authority upon any cause of action arising out of such  use  or
occupancy pursuant to any such written contract.
  S  2002. Effect.   The consent pursuant to section two thousand one of
this article is granted upon the condition that  in  suits,  actions  or
proceedings  thereunder  for judgments, orders or decrees restraining or
enjoining the port authority from committing  or  continuing  to  commit
breaches  of  such  written  contract, no such judgment, order or decree
shall be entered except upon at least two days' prior written notice  to
the  port  authority  of  the proposed entry thereof; and upon an appeal
taken by the port authority from such judgment,  order  or  decree,  the
service  of  the  notice  of appeal shall perfect the appeal, without an
undertaking or other security.
  S 2003. Venue.  The venue in any suit, action  or  proceeding  against
the  port  authority  to which consent is given by this article shall be
laid within a county or a judicial district, established by one of  said
two  states  or  by  the  United States and situated wholly or partially
within the port of New York district. The port authority shall be deemed
to be a resident of each  such  county  or  judicial  district  for  the
purpose  of such suits, actions or proceedings and shall be deemed to be
a citizen of both of said two states.

S. 3353--B                         122

  S 2004. Consent.  Nothing herein contained shall be deemed to  revoke,
rescind  or affect any consents to suits, actions or proceedings against
the port authority heretofore given by the two said states or the  terms
and conditions upon which such consents are given.
  S 2005. Agreement.  This article together with the act of the state of
New  Jersey concurring herein, shall constitute an agreement between the
states of New York and New Jersey supplementary to and amendatory of the
compact between the two said  states  dated  April  thirtieth,  nineteen
hundred twenty-one.

                               ARTICLE XXI
                             NARROWS BRIDGE

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

S. 3353--B                         123

called the Triborough Authority) pursuant to section twenty-one  hundred
four of this article.
  S  2103.  Definitions.    The  following terms as used in this article
shall mean:
  "Bonds" shall mean bonds, notes, securities or  other  obligations  or
evidences of indebtedness.
  "General  reserve fund statutes" shall mean chapter forty-eight of the
laws of New York of nineteen hundred thirty-one, as amended and  contin-
ued  by article XXX of this chapter, and chapter five of the laws of New
Jersey of nineteen hundred thirty-one, as amended, and "general  reserve
fund"  shall mean the general reserve fund of the Port Authority author-
ized by said statutes.
  "Narrows bridge" shall mean not only the bridge itself  but  also  its
approaches, connections, additions and improvements.
  "Narrows  bridge  bonds" shall mean bonds issued by the Port Authority
to provide funds for Narrows bridge purposes or bonds secured  in  whole
or  in  part  by a pledge of the revenues of the Port Authority from the
Narrows bridge or bonds so issued and secured.
  "Narrows bridge purposes" shall mean the effectuation,  establishment,
construction,  rehabilitation,  improvement, maintenance or operation of
the Narrows bridge and purposes incidental thereto.
  "Real property" shall mean lands, structures, franchises and interests
in land, waters, lands under water and riparian rights, and any and  all
things  and  rights included within the said term, and includes not only
fees simple absolute but also any and all  lesser  interests,  including
but  not limited to easements, rights-of-way, uses, leases, licenses and
all other incorporeal hereditaments and every estate, interest or right,
legal or equitable, including terms for years and liens thereon  by  way
of judgments, mortgages or otherwise.
  S  2104.  Authorization  for  agreement with the Triborough Authority.
(a) The Port Authority is authorized and  empowered  to  enter  into  an
agreement  with the Triborough Authority (and from time to time to enter
into agreements amending the same) for the design, location,  financing,
construction,  maintenance  and  operation of the Narrows bridge and any
other matters of like or different character with respect to the Narrows
bridge, and by which the Port Authority  may  grant,  convey,  lease  or
otherwise  transfer  to  the  Triborough Authority or to the city of New
York for the use and occupancy of the Triborough  Authority  any  right,
title or interest of the Port Authority in the Narrows bridge and in any
part  or parts thereof, upon such terms as may be determined by the Port
Authority and the Triborough Authority, including  but  not  limited  to
agreement as to the method of fixing the tolls, rents, charges and other
fees and the rules for the regulation of the use of the bridge.
  (b)  So  long  as the Port Authority shall retain title to the Narrows
bridge, it shall, so far as it deems it practicable, treat as  a  single
unified operation the effectuation of the Narrows bridge, the interstate
bridges  and  tunnels  now  operated by the Port Authority and any other
bridges or tunnels which it may construct or operate, raising moneys for
the construction thereof and for the making of  additions  and  improve-
ments  thereto in whole or in part upon its own obligations, and, except
as provided in such agreement or any amendment thereof, establishing and
levying such tolls, rents, charges and other fees as it may deem  neces-
sary  to secure from all of such bridges and tunnels as a group at least
sufficient revenue to meet the expenses  of  the  effectuation  of  such
bridges  and  tunnels  as a group, and to provide for the payment of the
interest upon and amortization and retirement of and the fulfillment  of

S. 3353--B                         124

the terms of all bonds which it may have issued in connection therewith.
Except  as provided in such agreement or any amendment thereof, no other
agency or commission of either state shall have  jurisdiction  over  the
Narrows bridge so long as the Port Authority shall retain title thereto,
and, except as so provided, all details of the design, location, financ-
ing,  construction,  leasing,  tolls,  rents,  charges  and  other fees,
contracts, maintenance and operation of and rules for the regulation  of
the use of the Narrows bridge so long as the Port Authority shall retain
title  thereto  shall  be within its sole discretion and its decision in
connection with any and all matters  concerning  such  bridge  shall  be
controlling and conclusive.
  (c)  The  states  of  New York and New Jersey hereby consent to suits,
actions or proceedings against the Port Authority  upon,  in  connection
with  or  arising out of such agreement or any amendment thereof, by the
Triborough Authority, or by the city of New York if and  to  the  extent
that  such agreement or any amendment thereof shall create rights in the
city of New York, as follows:
  (1) For judgments, orders or decrees restraining or enjoining the Port
Authority from transferring title to real property to other  persons  in
cases where it has agreed with the Triborough Authority to transfer such
title to the Triborough Authority or to the city of New York for the use
and occupancy of the Triborough Authority, and
  (2) For judgments, orders or decrees restraining or enjoining the Port
Authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or  decree  shall  not  be  entered  except upon two days' prior written
notice to the Port Authority of the proposed entry thereof and  provided
further, that upon an appeal taken by the Port Authority from such judg-
ment,  order or decree the service of the notice of appeal shall perfect
the appeal and shall stay the  execution  of  such  judgment,  order  or
decree appealed from, without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consents to suits, actions or proceedings against the Port Authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XV of this chapter and chapter two hundred  four  of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  S  2105. Funding.   The moneys in the general reserve fund of the Port
Authority may be pledged in whole or in part by the  Port  Authority  as
security  for  or  applied  by  it to the repayment with interest of any
moneys which it may raise upon Narrows bridge bonds issued  by  it  from
time  to time and the moneys in said general reserve fund may be applied
by the Port Authority to the fulfillment of any other undertakings which
it may assume to or for the benefit of the holders of any such bonds.
  Subject to prior liens and pledges (and to the obligation of the  Port
Authority  to  apply  revenues to the maintenance of its general reserve
fund in the amount prescribed by the general reserve fund statutes), the
revenues of the Port Authority from facilities established, constructed,
acquired or effectuated through the issuance or sale  of  bonds  of  the
Port  Authority  secured  by a pledge of its general reserve fund may be
pledged in whole or in part as security for or  applied  by  it  to  the
repayment  with  interest  of any moneys which it may raise upon Narrows
bridge bonds, and said revenues may be applied by the Port Authority  to
the  fulfillment of any other undertakings which it may assume to or for
the benefit of the holders of such bonds.

S. 3353--B                         125

  In the event that at any time the balance of moneys  theretofore  paid
into  the general reserve fund and not applied therefrom shall exceed an
amount equal to one-tenth of the  par  value  of  all  bonds  legal  for
investment, as defined and limited in the general reserve fund statutes,
issued  by the Port Authority and currently outstanding at such time, by
reason of the retirement of Narrows bridge bonds the par value of  which
had theretofore been included in the computation of said one-tenth, then
the  Port Authority may pledge or apply such excess for and only for the
purposes for which it is authorized by the general reserve fund statutes
to pledge the moneys in the general reserve fund, and such pledge may be
made in advance of the time when such excess may occur.
  S 2106. Bi-state covenant.   The two states covenant  and  agree  with
each  other and with the holders of Narrows bridge bonds as security for
which there may or shall be pledged (directly or indirectly, or  through
the  medium  of  its general reserve fund or otherwise) the revenues, or
any part thereof, of the Narrows bridge or any other facility  owned  or
operated by the Port Authority, that the two states will not, so long as
any  of such bonds remain outstanding and unpaid, diminish or impair the
power of the Port Authority to establish, levy and collect tolls, rents,
charges or other fees in connection with the Narrows bridge (so long  as
the  Port Authority shall retain title to such bridge) or any such other
facility;  and that the two said states will not, so long as any of such
bonds remain outstanding and unpaid and so long as  the  Port  Authority
shall  retain title to the Narrows bridge, authorize the construction of
any other vehicular bridges or tunnels (other than  bridges  or  tunnels
exclusively  for  railway  rapid transit purposes) between Staten Island
and Long Island by any person or body other than the Port Authority.
  S 2107. Security bonds.  Narrows bridge bonds are hereby made  securi-
ties  in  which  all  state  and  municipal  officers and bodies of both
states, all banks, bankers, trust companies, savings banks, building and
loan associations, savings and loan associations,  investment  companies
and  other  persons carrying on a banking business, all insurance compa-
nies, insurance associations and other persons carrying on an  insurance
business,  and  all  administrators,  executors, guardians, trustees and
other fiduciaries, and all other persons whatsoever, who are now or  may
hereafter  be  authorized  by  either  state  to invest in bonds of such
state, may properly and legally invest  any  funds,  including  capital,
belonging  to  them  or within their control;  and said bonds are hereby
made securities which may properly and legally  be  deposited  with  and
shall  be received by any state or municipal officer or agency of either
state for any purpose for which the deposit of bonds of  such  state  is
now or may hereafter be authorized.
  S 2108. Authorization to acquire real property.  If the Port Authority
shall  find  it necessary or convenient to acquire any real property for
Narrows bridge purposes  (including  temporary  construction,  rehabili-
tation  or  improvement),  whether for immediate or future use, the Port
Authority may find and determine  that  such  property,  whether  a  fee
simple  absolute or a lesser interest, is required for a public use, and
upon such determination the said property shall be and shall  be  deemed
to  be  required  for  such public use until otherwise determined by the
Port Authority, and such determination shall not be affected by the fact
that such property has theretofore been taken for and is then devoted to
a public use; but the public use in the hands of or under the control of
the Port Authority shall be deemed superior to the  public  use  in  the
hands  of  any  other  person, association or corporation.   If the Port
Authority shall find it necessary or convenient hereunder to acquire any

S. 3353--B                         126

real property which is then devoted to a public use, the Port  Authority
shall  have  power to exchange or substitute any other real property for
such real property upon terms agreed to by the Port  Authority  and  the
owner  of  such  property  then devoted to a public use, and to find and
determine that such other real property is also required  for  a  public
use;  upon such determination the said other property shall be and shall
be deemed to be required for such public use.
  The Port Authority may acquire and is hereby authorized to acquire any
real property in the state of New York required for a public  use  under
the  preceding  paragraph,  whether  a  fee  simple absolute or a lesser
estate, by the exercise of the right of eminent domain under and  pursu-
ant  to the eminent domain procedure law of the state of New York, or at
the option of the Port Authority pursuant to  any  other  and  alternate
procedure provided by law by such state.  Nothing herein contained shall
be construed to prevent the Port Authority from bringing any proceedings
in  either state to remove a cloud on title or such other proceedings as
it may, in its discretion, deem proper and necessary, or from  acquiring
any such property in either state by negotiation or purchase.
  Where  a  person  entitled  to  an award remains in possession of such
property after the time of the vesting of title in the  Port  Authority,
the  reasonable  value  of his use and occupancy of such property subse-
quent to such time, as fixed by  agreement  or  by  the  court  in  such
proceedings  or  by any court of competent jurisdiction, shall be a lien
against such award, subject only to liens of record at the time  of  the
vesting of title in the Port Authority.
  S  2109.  Prior  consent  required.  Anything  in  this article to the
contrary notwithstanding, no property now or hereafter vested in or held
by the city of New York shall be taken by the Port Authority without the
authority or consent of the city as provided in said  compact  of  April
thirty,  nineteen  hundred twenty-one. The Port Authority is also hereby
authorized and empowered to acquire from said city by  agreement  there-
with,  and  the  city, notwithstanding any contrary provision of law, is
hereby authorized and empowered to  grant  and  convey  upon  reasonable
terms  and  conditions  any real property which the Port Authority shall
find to be necessary for Narrows bridge purposes,  including  such  real
property  as has already been devoted to a public use.  The state of New
York hereby consents to the use and occupation of the real  property  of
such  state  which  the  Port  Authority  shall find to be necessary for
Narrows bridge purposes, including lands of the state lying under water,
and the department, board or division or other agency of the state exer-
cising supervision of such property shall execute such documents  as  it
may deem necessary to evidence the right to such use and occupation.
  S 2110. Authorization of agents to enter property.  The Port Authority
and its duly authorized agents, and all persons acting under its author-
ity  and  by  its  direction, may enter in the daytime into and upon any
real property which it shall be necessary so to enter, for  the  purpose
of  making  such surveys, diagrams, maps or plans, or for the purpose of
making such soundings or borings as the Port Authority may  deem  neces-
sary  or  convenient for the purposes of this article and the concurrent
act of the state of New Jersey.
  S 2111. Essential government function.  The construction,  maintenance
and  operation of the Narrows bridge are and will be in all respects for
the benefit of the people of the states of New York and New Jersey,  for
the increase of their commerce and prosperity and for the improvement of
their  health  and  living  conditions  and shall be deemed to be public
purposes;  and the Port Authority shall be  regarded  as  performing  an

S. 3353--B                         127

essential governmental function in undertaking the construction, mainte-
nance  and  operation  thereof and in carrying out the provisions of law
relating thereto.
  S  2112.  Tax exemption on acquired property.  No taxes or assessments
shall be levied or collected upon any  property  acquired  or  used  for
Narrows bridge purposes.
  S  2113. Governmental nature. Any declarations contained herein and in
the concurrent act of the state  of  New  Jersey  with  respect  to  the
governmental  nature and public purpose of the Narrows bridge and to the
exemption of Narrows bridge property from taxation and to the discretion
of the Port Authority with respect to the operation thereof shall not be
construed to imply that other Port Authority property and operations are
not of a governmental nature or do not constitute  public  purposes,  or
that  they  are  subject  to taxation, or that the determinations of the
Port Authority with respect thereto are  not  conclusive.    The  powers
vested  in  the  Port  Authority herein and in the concurrent act of the
state of New Jersey (including but not limited to the powers to  acquire
real  property  by  condemnation  and  to  make or effectuate additions,
improvements, approaches and connections) shall, except as herein other-
wise expressly stated, be continuing  powers  and  no  exercise  thereof
shall be deemed to exhaust them or any of them.
  The provisions of chapter forty-seven of the laws of New York of nine-
teen  hundred thirty-one as continued by article III of this chapter and
chapter four of the laws of New Jersey of  nineteen  hundred  thirty-one
shall not apply to the Narrows bridge.
  S  2114.  Agreement.  This  section and the preceding sections of this
article constitute an agreement between the states of New York  and  New
Jersey  supplementary  to the compact between the two states dated April
thirty, nineteen hundred twenty-one, and amendatory thereof,  and  shall
be liberally construed to effectuate the purposes of said compact and of
the  comprehensive  plan  heretofore  adopted by the two states, and the
powers vested in the Port Authority hereby shall be construed to  be  in
aid  of and supplemental to and not in limitation of or in derogation of
any of the powers heretofore conferred upon or  delegated  to  the  Port
Authority.

                              ARTICLE XXII
                     NEW JERSEY TURNPIKE CONNECTIONS

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

S. 3353--B                         128

following  locations:   (a) at or in the vicinity of the westerly end of
the Newark bay-Hudson county extension  to  interconnect  United  States
Highway  route  1,  the  turnpike  toll  plaza,  Port  street and Newark
airport,  and  (b) at or in the vicinity of the Holland tunnel plaza and
thence northerly in Hudson county to a point  at  grade  at  or  in  the
vicinity of Paterson avenue in the city of Hoboken.
  S  2202.  Authorization  for  agreement with New Jersey agencies.  The
port authority is hereby authorized and empowered, in its discretion, to
enter into an agreement or agreements upon such terms and conditions  as
it may deem in the public interest, with the New Jersey Turnpike Author-
ity,  or  the  New Jersey state highway department, or both, whereby the
port authority may undertake to pay to such other party  or  parties  to
such  agreement  or  agreements  such portion or portions of the cost of
constructing either or both of said Newark bay-Hudson  county  extension
terminal connections as the port authority shall determine to be propor-
tionate  to  the  benefit  to  facilities  owned or operated by the port
authority from such connections, whether or not such  connections  shall
constitute approaches or connections to such port authority facilities.
  S 2203. Securities. The bonds which may be issued by the port authori-
ty  to  provide  funds  to  make  all  or  any portion of the payment or
payments required by an agreement or agreements  authorized  by  section
twenty-two hundred two of this article and for purposes incidental ther-
eto are hereby made securities in which all state and municipal officers
and  bodies of New Jersey and New York, all banks, bankers, trust compa-
nies, savings banks, building and loan  associations,  saving  and  loan
associations, investment companies and other persons carrying on a bank-
ing  business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all administrators, exec-
utors, guardians, trustees and other fiduciaries and all  other  persons
whatsoever are now or may hereafter be authorized by either the state of
New  Jersey  or  the state of New York to invest in bonds or other obli-
gations of such state, may properly and legally invest any funds includ-
ing capital belonging to them or within their control;   and said  bonds
are  hereby  made securities which may properly and legally be deposited
with and shall be received by any state or municipal officer  or  agency
of  either  the  state  of  New  Jersey or the state of New York for any
purpose for which the deposit of bonds  or  other  obligations  of  such
state is now or may hereafter be authorized.

                              ARTICLE XXIII
                         COMMUTER RAILROAD CARS

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

S. 3353--B                         129

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

S. 3353--B                         130

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

S. 3353--B                         131

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

S. 3353--B                         132

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

                              ARTICLE XXIV
                           WORLD TRADE CENTER

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

S. 3353--B                         133

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

S. 3353--B                         134

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

S. 3353--B                         135

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

S. 3353--B                         136

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

S. 3353--B                         137

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

S. 3353--B                         138

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

S. 3353--B                         139

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

S. 3353--B                         140

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

S. 3353--B                         141

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

S. 3353--B                         142

purposes of this article or upon any deed, mortgage or other  instrument
affecting  such  property  or upon the recording of any such instrument.
However, to the end that no municipality  shall  suffer  undue  loss  of
taxes  and  assessments  by  reason  of the acquisition and ownership of
property by the port authority for any of the purposes of this  article,
the   port   authority  is  hereby  authorized  and  empowered,  in  its
discretion, to enter into a voluntary agreement or agreements  with  any
municipality whereby the port authority will undertake to pay in lieu of
taxes  a fair and reasonable sum or sums annually in connection with any
real property acquired and owned by the port authority for  any  of  the
purposes of this article.  Such sums in connection with any real proper-
ty  acquired  and owned by the port authority for any of the purposes of
this article shall not be more than the sum last paid as taxes upon such
real property prior to the time of its acquisition by the port  authori-
ty;    provided,  however,  that  in  connection with any portion of the
Hudson tubes-world trade center area acquired  and  owned  by  the  port
authority  for  any of the purposes of this article, after such property
is improved pursuant to this article with world trade center  buildings,
structures  or  improvements greater in value than the buildings, struc-
tures or improvements on such Hudson tubes-world trade  center  area  at
the  time of its acquisition by the port authority, then, with regard to
such greater value, such sum or sums may be increased by such additional
sum or sums annually as may be agreed upon between  the  port  authority
and the city of New York which will not include any consideration of the
exhibit  areas  of the world trade center or of any areas which would be
tax exempt in their own right if title were in  the  governmental  occu-
pants or of other areas accommodating services for the public or devoted
to  general public use.  Each such municipality is hereby authorized and
empowered to enter into such  agreement  or  agreements  with  the  port
authority and to accept the payment or payments which the port authority
is  hereby authorized and empowered to make, and the sums so received by
such municipality shall be devoted to purposes to  which  taxes  may  be
applied unless and until otherwise directed by law of the state in which
such municipality is located.
  12.  All  details  of  the  effectuation, including but not limited to
details of financing, leasing, rentals, tolls,  fares,  fees  and  other
charges,  rates,  contracts  and service, of the world trade center, the
Hudson tubes and the Hudson tubes extensions by the port authority shall
be within its sole discretion and its decision in  connection  with  any
and  all matters concerning the world trade center, the Hudson tubes and
the Hudson tubes extensions shall be  controlling  and  conclusive.  The
local  laws,  resolutions, ordinances, rules and regulations of the city
of New York shall apply to such world trade center if so provided in any
agreement between the port authority and the  city  and  to  the  extent
provided in any such agreement.
  So long as any facility constituting a portion of the port development
project  shall  be  owned,  controlled or operated by the port authority
(either directly or through a subsidiary  corporation  incorporated  for
any  of  the purposes of this article), no agency, commission or munici-
pality of either or both of the two states shall have jurisdiction  over
such facility nor shall any such agency, commission or municipality have
any  jurisdiction over the terms or method of effectuation of all or any
portion thereof by the port authority (or such  subsidiary  corporation)
including  but not limited to the transfer of all or any portion thereof
to or by the port authority (or such subsidiary corporation).

S. 3353--B                         143

  Nothing in this article shall be deemed to prevent the port  authority
from  establishing, acquiring, owning, leasing, constructing, effectuat-
ing, developing, maintaining, operating, rehabilitating or improving all
or any portion of the port  development  project  through  wholly  owned
subsidiary corporations of the port authority or from transferring to or
from  any  such corporations any moneys, real property or other property
for any of the purposes of this article. If  the  port  authority  shall
determine  from  time  to  time to form such a subsidiary corporation it
shall do so by executing and filing with the secretary of state  of  New
York  and the secretary of state of New Jersey a certificate of incorpo-
ration, which may be amended from time to time by similar filing,  which
shall  set  forth the name of such subsidiary corporation, its duration,
the location of its principal office, and the purposes of  the  incorpo-
ration  which  shall  be  one  or  more of the purposes of establishing,
acquiring,  owning,  leasing,  constructing,  effectuating,  developing,
maintaining,  operating,  rehabilitating or improving all or any portion
of the port development project.    The  directors  of  such  subsidiary
corporation shall be the same persons holding the offices of commission-
ers  of  the port authority.  Such subsidiary corporation shall have all
the powers vested in the port authority itself for the purposes of  this
article  except  that  it  shall  not have the power to contract indebt-
edness.  Such subsidiary corporation and any of its property,  functions
and  activities  shall  have  all  of  the  privileges,  immunities, tax
exemptions and other exemptions of the port authority and  of  the  port
authority's  property, functions and activities.  Such subsidiary corpo-
ration shall be subject to the restrictions and limitations to which the
port authority may  be  subject,  including,  but  not  limited  to  the
requirement  that  no action taken at any meeting of the board of direc-
tors of such subsidiary corporation shall have force or effect until the
governors of the two states shall  have  an  opportunity,  in  the  same
manner  and within the same time as now or hereafter provided by law for
approval or veto of actions taken at any meeting of the  port  authority
itself,  to  approve  or veto such action.   Such subsidiary corporation
shall be subject to suit in accordance with  subdivision  nine  of  this
section  and  chapter three hundred one of the laws of New York of nine-
teen hundred fifty as continued by article  XXV  of  this  chapter,  and
chapter  two  hundred four of the laws of New Jersey of nineteen hundred
fifty-one as if such subsidiary  corporation  were  the  port  authority
itself.    Such  subsidiary  corporation  shall  not  be a participating
employer under the New York retirement and social security  law  or  any
similar  law  of  either  state and the employees of any such subsidiary
corporation, except those who are also employees of the port  authority,
shall not be deemed employees of the port authority.
  Whenever any state, municipality, commission, agency, officer, depart-
ment,  board  or  division  is  authorized  and empowered for any of the
purposes of this article to co-operate and enter  into  agreements  with
the  port  authority or to grant any consent to the port authority or to
grant, convey, lease or otherwise transfer  any  property  to  the  port
authority  or to execute any document, such state, municipality, commis-
sion, agency, officer, department, board or division shall have the same
authorization and power for any of such purposes to co-operate and enter
into agreements with such subsidiary corporation and to  grant  consents
to  such subsidiary corporation and to grant, convey, lease or otherwise
transfer property to such subsidiary corporation and  to  execute  docu-
ments for such subsidiary corporation.

S. 3353--B                         144

  13. The bonds issued by the port authority to provide funds for any of
the  purposes  of  this  article are hereby made securities in which all
state and municipal officers and bodies of both states, all trust compa-
nies and banks other than savings banks, all building and  loan  associ-
ations,  savings  and  loan associations, investment companies and other
persons carrying on a commercial banking business, all insurance  compa-
nies,  insurance associations and other persons carrying on an insurance
business, and all administrators,  executors,  guardians,  trustees  and
other  fiduciaries, and all other persons whatsoever (other than savings
banks), who are now or may hereafter be authorized by  either  state  to
invest  in  bonds  of  such  state,  may properly and legally invest any
funds, including capital, belonging to them or within their control, and
said bonds are hereby made securities which may properly and legally  be
deposited  with  and shall be received by any state or municipal officer
or agency of either state for any purpose for which the deposit of bonds
of such state is now or may hereafter be authorized.   The bonds  issued
by  the  port authority to provide funds for any of the purposes of this
article as security for which the general reserve fund shall  have  been
pledged  in  whole  or  in  part are hereby made securities in which all
savings banks also may properly and legally invest any funds,  including
capital, belonging to them or within their control.
  14.    If  the  port  authority shall find it necessary, convenient or
desirable to acquire (either directly or  through  a  subsidiary  corpo-
ration)  from  time to time any real property or any property other than
real property (including but not limited to contract  rights  and  other
intangible  personal  property and railroad cars or other rolling stock,
maintenance and repair equipment and  parts,  fuel  and  other  tangible
personal property), for any of the purposes of this article, whether for
immediate  or  future  use  (including temporary construction, rehabili-
tation or improvement), the port authority may find and  determine  that
such  property,  whether  a fee simple absolute or a lesser interest, is
required for a public use, and upon such determination the said property
shall be and shall be deemed to be required for such  public  use  until
otherwise determined by the port authority, and such determination shall
not  be  affected  by  the  fact that such property has theretofore been
taken for and is then devoted to a public use; but the public use in the
hands of or under the control of the  port  authority  shall  be  deemed
superior to the public use in the hands of any other person, association
or corporation.
  The  port authority may acquire and is hereby authorized so to acquire
from time to time, for any of the purposes of this article, such proper-
ty, whether a fee simple absolute or a  lesser  estate,  (including  the
exercise  of  the  right  of  eminent  domain) under and pursuant to the
provisions of the eminent domain procedure law of the state of New  York
in  the  case  of property located in or having its situs in such state,
and revised statutes of New Jersey, title twenty: one-one  et  seq.,  in
the  case  of property located in or having its situs in such state, or,
at the option of the port authority, as provided in section  fifteen  of
chapter  forty-three  of  the  laws  of  New  Jersey of nineteen hundred
forty-seven, as amended, in the case of property located  in  or  having
its  situs in such state, or pursuant to such other and alternate proce-
dure as may be provided by law of the state in which  such  property  is
located  or  has its situs; and all of said statutes for the acquisition
of real property shall, for any of the  purposes  of  this  article,  be
applied  also  to  the  acquisition of other property authorized by this
subdivision,  except  that  such  provisions  as  pertain  to   surveys,

S. 3353--B                         145

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

S. 3353--B                         146

the port authority of property located or having its situs in the nonfo-
rum state pursuant to this act, presenting a true copy of such judgment,
order or decree and proof that it is  in  effect,  that  any  conditions
thereof  have been met, that at least five days' notice of such petition
has been served by registered or certified mail upon all owners  of  the
property  affected  who appeared in the original action or proceeding in
the forum state or who may be owners  of  record,  and  without  further
proof, a judgment, order or decree of such court or courts of the nonfo-
rum  state  shall  be  entered  granting the authority possession of the
property located or having its situs in the nonforum state and  confirm-
ing any title which shall have vested in the authority or its subsidiary
by  the  judgment,  order  or decree of the court or courts of the forum
state.
  The owner of any property acquired for any of  the  purposes  of  this
article  shall  not be awarded for such property any increment above the
just compensation required by the constitutions of the United States and
of the state or states in which the property is located or has its situs
by reason of any circumstances whatsoever.
  Nothing herein contained  shall  be  construed  to  prevent  the  port
authority  from  bringing  any proceedings to remove a cloud on title or
such other proceedings as it may, in its  discretion,  deem  proper  and
necessary,  or  from  acquiring  any  such  property  by  negotiation or
purchase.
  Where a person entitled to an award in the proceedings to acquire  any
property  for  any of the purposes of this article remains in possession
of such property after the time of the vesting of title in the authority
or its subsidiary, the reasonable value of his use and occupancy of such
property subsequent to such time, as fixed by agreement or by the  court
in  such proceedings or by any court of competent jurisdiction, shall be
a lien against such award, subject only to liens of record at  the  time
of the vesting of title in the authority or its subsidiary.
  15. The port authority and its duly authorized agents, and all persons
acting  under  its  authority  and  by  its  direction, may enter in the
daytime into and upon any real property for the purpose of  making  such
surveys, diagrams, maps, plans, soundings or borings as the port author-
ity  may deem necessary, convenient or desirable for any of the purposes
of this act.
  16. Any declarations contained herein with respect to the governmental
nature and public purpose of the world trade center,  Hudson  tubes  and
Hudson  tubes extensions and to the exemption of the world trade center,
Hudson tubes and Hudson tubes extensions property and instruments relat-
ing thereto from taxation and to the discretion of  the  port  authority
with  respect  to  said  facilities shall not be construed to imply that
other port authority facilities, property and operations are  not  of  a
governmental  nature  or  do not serve public purposes, or that they are
subject to taxation, or that the determinations of  the  port  authority
with  respect  thereto  are not conclusive.  The powers hereby vested in
the port authority and in any subsidiary  corporation  incorporated  for
any  of  the  purposes of this article (including but not limited to the
power to acquire real property  by  condemnation)  shall  be  continuing
powers  and  no  exercise  thereof by the port authority or a subsidiary
corporation incorporated for any of the purposes of this  article  shall
be deemed to exhaust them or any of them.
  17.  This subdivision and the preceding subdivisions hereof constitute
an agreement between the states of New York and New Jersey supplementary
to the compact between the  two  states  dated  April  thirty,  nineteen

S. 3353--B                         147

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

                               ARTICLE XXV
                    SUITS AGAINST THE PORT AUTHORITY

Section 2501. Suits against the port authority.
        2502. Agreement between the states.
  S 2501. Suits against the port authority. 1.  Upon the concurrence  of
the  state of New Jersey in accordance with chapter three hundred one of
the laws of nineteen hundred fifty, the  states  of  New  York  and  New
Jersey consent to suits, actions or proceedings of any form or nature at
law,  in  equity  or  otherwise  (including proceedings to enforce arbi-
tration agreements) against the port authority, and to appeals therefrom
and reviews thereof, except as hereinafter provided in subdivisions  two
through five of this section.
  2.    The  foregoing  consent  does  not  extend  to suits, actions or
proceedings upon any causes of action  whatsoever  accruing  before  the
effective  date  of  this article, other than causes of actions upon, in
connection with, or arising out of notes, bonds or other obligations  or
securities  secured  by a pledge of the general reserve fund of the port
authority.
  3.   The foregoing consent  does  not  extend  to  suits,  actions  or
proceedings  upon  any  causes of action whatsoever, upon, in connection
with, or arising out of any contract, express or implied,  entered  into
or  assumed  by  or  assigned to the port authority before the effective
date of this article (including any supplement to, or amendment,  exten-
sion  or  renewal  of any such contract, even if such supplement, amend-
ment, extension or renewal is made on or after  the  effective  date  of
this article), regardless of whether such cause of action accrued before
or after that date, other than causes of action upon, in connection with
or  arising  out  of  notes,  bonds  or  other obligations or securities
secured by a pledge of the general reserve fund of the port authority.
  4.  The foregoing consent does not extend to civil suits,  actions  or
proceedings for the recovery of statutory penalties.
  5.    The  foregoing  consent  does  not  extend  to suits, actions or
proceedings for judgments, orders or decrees restraining,  enjoining  or
preventing  the  port  authority from committing or continuing to commit
any act or acts, other than suits, actions or proceedings by the  attor-

S. 3353--B                         148

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

S. 3353--B                         149

orders or decrees restraining, preventing or  enjoining  them  in  their
official  or personal capacities from committing or continuing to commit
any act or acts on behalf  of  the  port  authority  other  than  suits,
actions  and  proceedings brought by the attorney general of New York or
by the attorney general of New Jersey or by the port authority  itself--
each  of  said  attorneys  general being hereby authorized to bring such
suits, actions or proceedings in his discretion on behalf of any  person
or  persons  whatsoever  who  requests  him so to do except in the cases
excluded by subdivisions two, three and four of this section;  provided,
that  in  any such suit, action or proceeding brought by either attorney
general, no judgment, order or decree shall be entered  except  upon  at
least two days' notice to the defendant of the proposed entry thereof.
  10.    Nothing  herein contained shall be deemed to revoke, rescind or
affect any consents to suits, actions or proceedings  against  the  port
authority  heretofore  given  by  the  two  said states in chapter eight
hundred two of the laws of New York of nineteen hundred forty-seven,  as
amended  and  continued  by  article  XIII  of this chapter, and chapter
forty-three of the laws of New Jersey of nineteen  hundred  forty-seven,
as  amended;  chapter  six hundred thirty-one of the laws of New York of
nineteen hundred forty-seven, as amended and continued by article XII of
this chapter; chapter forty-four of the laws of New Jersey  of  nineteen
hundred forty-seven, as amended, and chapter five hundred thirty-four of
the  laws  of  New York of nineteen hundred forty-eight and continued by
article XII of this chapter and chapter ninety-seven of the laws of  New
Jersey of nineteen hundred forty-eight.
  S  2502. Agreement between the states.  This article together with the
act of the state of New Jersey concurring herein,  shall  constitute  an
agreement between the states of New York and New Jersey supplementary to
and  amendatory  of  the compact between the two said states dated April
thirtieth, nineteen hundred twenty-one.

                              ARTICLE XXVI
        RULES AND REGULATIONS GOVERNING OPERATION OF HUDSON TUBES

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

                          RULES AND REGULATIONS

  (a)  No  person  shall  smoke,  carry  or possess a lighted cigarette,
cigar, pipe, match or any lighted instrument causing naked flame  in  or
about any area, building or appurtenance or in any cars or other rolling
stock  of  the Hudson tubes or Hudson tubes extensions where smoking has
been prohibited by PATH and where appropriate signs to that effect  have
been posted.
  (b)  No  person,  unless duly authorized by PATH, shall in or upon any
area, building, appurtenance, car or other rolling stock of  the  Hudson
tubes  or  Hudson tubes extensions sell or offer for sale any article of

S. 3353--B                         150

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

                              ARTICLE XXVII
             MASS TRANSPORTATION FACILITIES TO AIR TERMINALS

Section 2701. Mass transportation facilities to air terminals.
  S 2701. Mass transportation facilities  to  air  terminals.    1.  The
states of New York and New Jersey hereby find and determine that:
  (a)  Each air terminal within the port of New York district serves the
entire district, and the problem of furnishing proper and  adequate  air

S. 3353--B                         151

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

S. 3353--B                         152

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

                             ARTICLE XXVIII
             INDUSTRIAL DEVELOPMENT PROJECTS AND FACILITIES

Section 2801. Findings and determinations.
        2802. Definitions.
        2803. Industrial development projects and facilities.
  S 2801. Findings and determinations.  1. The states of  New  York  and
New Jersey hereby find and determine:
  a.  that  to  prevent further deterioration of the economy of the port
district and thereby to promote, preserve and protect trade and commerce
in and through the port of New York district as defined in  the  compact
between  the  two states dated April thirtieth, nineteen hundred twenty-

S. 3353--B                         153

one (hereinafter called the port district), it is the policy of each  of
the  two  states  actively  to  promote,  attract, encourage and develop
economically sound commerce and industry through governmental action;
  b.  that  in order to preserve and protect the position of the port of
New York as the nation's leading  gateway  for  world  commerce,  it  is
incumbent  on the states of New York and New Jersey to make every effort
to insure that the port receives its rightful share  of  interstate  and
international commerce generated by the manufacturing, industrial, trade
and  commercial  segments  of  the economy of the nation and of the port
district;
  c. that since nineteen hundred fifty the number of available  jobs  in
the port district, particularly within the older central cities thereof,
has  decreased,  thereby  resulting in the underutilization of available
land and other resources, the erosion of the port district's  tax  bases
and a rate of unemployment substantially in excess of the national aver-
age;
  d.  that  in order to preserve the port district from further economic
deterioration, adequate industrial development projects  and  facilities
must  be provided, preserved and maintained to attract and retain indus-
try within the port district;
  e. that a number of new industrial development projects and facilities
should be organized into industrial parks or districts;
  f. that the construction of such industrial parks or  districts  shall
conform  to  the  policies of the two states with respect to affirmative
action and equal employment opportunities;
  g. that providing port district industrial  development  projects  and
facilities is in the public interest and involves the exercise of public
and  essential  governmental functions which may include appropriate and
reasonable limitations on competition and which must be performed by the
two states, or any municipality, public authority, agency or  commission
of  either  state  and by a joint agency of the two states to accomplish
the purposes of this article;
  h. that it is an objective of the two states, acting through the  port
authority,  to  facilitate reemployment of residents of the older cities
through job training programs and employment opportunity  priorities  in
connection with industrial development parks in their respective cities;
  i. that the acquisition and the use by such joint agency of abandoned,
undeveloped or underutilized land or land owned by governmental entities
within  the  port  district for the generation of jobs and to reduce the
hazards of unemployment would promote, preserve and protect  the  indus-
try, trade and commerce of the port district, and will materially assist
in preserving for the two states and the people thereof the material and
other benefits of a prosperous port community;
  j.  that  the  collection,  disposal  and utilization of refuse, solid
waste or waste resulting from other treatment processes is  an  activity
of  concern  to  all citizens within the port district, that the health,
safety and general welfare of the  citizens  within  the  port  district
require  efficient  and  reasonable collection and disposal services and
efficient utilization of such refuse, solid  waste  or  waste  resulting
from  other  treatment  processes  with  adequate consideration given to
regional  planning  and   coordination,   and,   therefore,   that   the
construction  and  operation of any port district industrial development
project and facility should conform to the environmental and solid waste
disposal standards and state and county plans therefor in the  state  in
which such project or facility is located;

S. 3353--B                         154

  k.  that  the dedication by the municipalities of the port district of
refuse, solid waste or waste resulting from other treatment processes to
resource recovery to permit the generation of lower  priced  energy  and
the  recovery  of useful materials, together with the commitment by such
municipalities  to  pay  fees  to  permit the delivery and removal after
processing of such refuse or solid waste at rates  and  for  periods  of
time  at  least  sufficient  to  assure the continued furnishing of such
lower priced energy and material is in the public interest and would  be
a  major  incentive  for the attraction and retention of industry within
the port district;
  l. that the port authority of New York  and  New  Jersey  (hereinafter
called  the  port  authority), which was created by agreement of the two
states as a joint agent for the development of terminal,  transportation
and  other  facilities  of  commerce  of  the  port district and for the
promotion and protection of the commerce of the port, is a proper agency
to act in their behalf (either directly  or  by  any  subsidiary  corpo-
ration)  to  finance and effectuate such industrial development projects
and facilities;
  m. that it is desirable for the  port  authority,  after  consultation
with  the governing body of each municipality and within the city of New
York the appropriate community board or  boards  and  elsewhere  another
government  entity  or entities designated by such municipality in which
industrial development projects or facilities are proposed to be located
and with other persons, including but not limited to private real estate
developers, to prepare and adopt a master plan providing for the  devel-
opment  of  such  industrial  development projects and facilities in the
port district, which plan shall give  consideration  to  the  extent  of
unemployment  and  the  general  economic  conditions  of the respective
portions of the port district and shall include among other  things  the
locations  and  the  nature and scope of such projects and facilities as
may be included in the plan;
  n. that the undertaking of such industrial  development  projects  and
facilities by the port authority has the single object of and is part of
a  unified plan to aid in preserving the economic well-being of the port
district and is found and determined to be in the public interest;
  o. that no such port  district  industrial  development  projects  and
facilities  are to be constructed if the sole intent of the construction
thereof would be the removal of an industrial or manufacturing plant  of
an occupant of such projects and facilities from one location to another
location  or  in  the abandonment of one or more plants or facilities of
such occupant, unless such port district industrial development projects
and facilities are reasonably necessary to discourage such occupant from
removing such plant or facility to a location outside the port  district
or are reasonably necessary to preserve the competitive position of such
project occupant in its industry;
  p.  that  no  such  port  district  industrial development projects or
facilities are to be constructed unless and until the port authority has
entered into an agreement or agreements with the municipality  in  which
any  such  project or facility is to be located with respect to payments
in lieu of real estate taxes and the location, nature and scope  of  any
project or facility;
  q.  that,  subject  to entering into said agreement or agreements, the
port authority should have the ability to acquire, lease, vacate,  clear
and  otherwise  develop abandoned, undeveloped or underutilized property
or property owned by governmental entities within the port district  and
to finance and construct industrial development projects and facilities.

S. 3353--B                         155

  S  2802.    Definitions.  The  following terms as used in this article
shall have the following meanings:
  a. "Bonds" shall mean bonds, notes, securities or other obligations or
evidences of indebtedness;
  b.  "Effectuation"  of  any  project  or  facility or part of any such
project or facility shall include but not be limited to  its  establish-
ment,  acquisition,  construction,  development, maintenance, operation,
improvement (by way of betterments, additions or otherwise) and rehabil-
itation by the port authority or any other person and the  provision  of
funds therefor through the issuance of obligations, the making or grant-
ing of loans or otherwise;
  c.  "General  reserve fund statutes" shall mean chapter forty-eight of
the laws of New York of  nineteen  hundred  thirty-one  as  amended  and
continued  by  article XXX of this chapter, and chapter five of the laws
of New Jersey of nineteen hundred thirty-one as  amended,  and  "general
reserve  fund" shall mean the general reserve fund of the port authority
authorized by said statutes;
  d. "Governing body" shall mean the  board  or  body  vested  with  the
general  legislative  powers  of the municipality in which an industrial
development project or facility will be financed or effectuated pursuant
to this article;
  e. "Industrial development project  or  facility"  or  "port  district
industrial  development  project  or facility" shall mean any equipment,
improvement, structure or facility or any land, and any building, struc-
ture, facility or other improvement thereon, or any combination thereof,
and all real and personal property, located within the New York  portion
of  the port district or within a municipality in the New Jersey portion
of the port district which qualified for state aid under the  provisions
of P.L., 1971, C.64 as most recently supplemented by P.L., 1978, C.14 or
which may hereafter qualify for such aid, including, but not limited to,
machinery,  equipment and other facilities deemed necessary or desirable
in connection therewith, or incidental thereto, whether or  not  now  in
existence  or  under construction, which shall be considered suitable by
the port authority for manufacturing, research, non-retail commercial or
industrial purposes within an industrial park, or for purposes of  ware-
housing  or  consumer and supporting services directly related to any of
the foregoing or to any other port authority project or facility;    and
which may also include or be an industrial pollution control facility or
a  resource recovery facility, provided that no such industrial develop-
ment project or facility may include or be a facility used for the stor-
age of chemicals, fuel or liquified natural gas unless incidental to the
effectuation of such industrial development project or facility;
  f. "Industrial pollution control facility" shall mean  any  equipment,
improvement, structure or facility or any land, and any building, struc-
ture, facility or other improvement thereon, or any combination thereof,
and  all  real  and personal property, located within the port district,
including, but not limited to, machinery, equipment and other facilities
deemed necessary or desirable in the opinion of the  port  authority  in
connection  therewith,  or  incidental  thereto,  whether  or not now in
existence or under construction, having to do with or the end purpose of
which is the control, abatement or prevention  of  land,  sewer,  water,
air,  noise  or general environmental pollution deriving from the opera-
tion of industrial, manufacturing, warehousing, commercial and  research
facilities,  including,  but  not  limited  to any air pollution control
facility, noise abatement facility,  water  management  facility,  waste
water  collecting  system, waste water treatment works, sewage treatment

S. 3353--B                         156

works system, sewage treatment system or solid waste  disposal  facility
or site, provided that no such industrial pollution control facility may
include  or  be used as a site for organic landfill or be of a character
or  nature  generally  furnished  or  supplied by any other governmental
entity where such industrial pollution control facility is located with-
out the consent of such governmental entity;
  g. "Municipality" means a city, county, town or  village  all  or  any
part  of  which  is  located  within  the  New  York portion of the port
district, or a city, county, town, borough or township all or  any  part
of which is located within the New Jersey portion of the port district;
  h.  "Person"  means any person, including individuals, firms, partner-
ships, associations, societies,  trusts,  public  utilities,  public  or
private  corporations,  or  other  legal  entities,  including public or
governmental bodies, which may include the port authority,  as  well  as
natural  persons.    "Person"  shall  include  the plural as well as the
singular;
  i. "Port authority" shall include the port authority and  any  subsid-
iary  corporation  now or hereafter incorporated for any of the purposes
of this article; provided, however, as used in subdivisions 4 and  5  of
section  2803  of  this article it shall not include any such subsidiary
corporation;
  j. "Purposes of this article" shall mean the  effectuation  of  indus-
trial development projects and facilities and of each project or facili-
ty  constituting  a  portion thereof and of each part of each project or
facility, and purposes incidental thereto;
  k. "Real property" shall mean lands, structures, franchises and inter-
ests in land, including air space and air rights,  waters,  lands  under
water,  wetlands  and riparian rights, and any and all things and rights
included within the said term, and includes not only fees  simple  abso-
lute but also any and all lesser interests, including but not limited to
easements,  rights-of-way, uses, leases, licenses and all other incorpo-
real hereditaments and every estate, interest or right, legal or equita-
ble, including terms for years and liens thereon by  way  of  judgments,
mortgages or otherwise;
  l. "Resource recovery facility" shall mean any equipment, improvement,
structure or facility or any land, and any building, structure, facility
or  other  improvement thereon, or any combination thereof, and all real
and personal property located within the port district,  including,  but
not  limited to, machinery, equipment and other facilities deemed neces-
sary or desirable in the opinion of the  port  authority  in  connection
therewith,  or  incidental  thereto,  whether or not now in existence or
under construction, for the disposal of refuse or other solid wastes  or
wastes resulting from other treatment processes and for the recovery and
sale  or  use  of  energy  and other resources from such refuse or other
solid  wastes  or  wastes  resulting  from  other  treatment  processes,
provided  that no such resource recovery facility may include or be used
as a site for organic landfill;
  m. "Surplus revenues" from any facility shall mean the balance of  the
revenues  from  such facility (including but not limited to the revenues
of any subsidiary corporation incorporated for any of  the  purposes  of
this  article)  remaining at any time currently in the hands of the port
authority after the deduction of the current expenses of  the  operation
and  maintenance thereof, including a proportion of the general expenses
of the port authority as it  shall  deem  properly  chargeable  thereto,
which  general  expenses shall include but not be limited to the expense
of protecting and promoting the commerce of the port district, and after

S. 3353--B                         157

the deduction of any amounts which the port authority may  or  shall  be
obligated  or  may or shall have obligated itself to pay to or set aside
out of the current revenues therefrom for the benefit of the holders  of
any  bonds  legal  for investment as defined in the general reserve fund
statutes;
  n. "Surplus revenues of port district industrial development  projects
or  facilities" shall mean the surplus revenues of all industrial devel-
opment projects or facilities effectuated pursuant to the terms of  this
article.
  S  2803. Industrial development projects and facilities. 1.  In furth-
erance of the findings and determinations detailed by  section  2801  of
this article, in partial effectuation of and supplemental to the compre-
hensive  plan heretofore adopted by the two said states for the develop-
ment of the said port district,  and  subject  to  the  preparation  and
adoption  of  the plan authorized in subdivision two of this section and
the execution of an agreement or agreements authorized  by  subdivisions
eleven  and twelve of this section, the port authority is hereby author-
ized, empowered and directed to establish, acquire, construct,  effectu-
ate,  develop,  own,  lease,  maintain,  operate, improve, rehabilitate,
sell, transfer and mortgage projects or facilities herein referred to as
port district industrial development projects or facilities, as  defined
in this article.
  The  port  authority  is hereby authorized and empowered to establish,
levy and collect such rentals, fares, fees and other charges as  it  may
deem  necessary,  proper or desirable in connection with any facility or
part of any facility constituting a portion of any port district  indus-
trial  development project or facility and to issue bonds for any of the
purposes of this article and to provide for payment thereof, with inter-
est thereon, and for the amortization and retirement of such bonds,  and
to  secure all or any portion of such bonds by a pledge of such rentals,
fares, fees, charges and other revenues or any part  thereon  (including
but  not  limited to the revenues of any subsidiary corporation incorpo-
rated for any of the purposes of this article) and to secure all or  any
portion  of such bonds by mortgages upon any property held or to be held
by the port authority for any of the purposes of this article,  and  for
any  of  the purposes of this article to exercise all appropriate powers
heretofore or hereafter delegated to it by the states of  New  York  and
New  Jersey, including, but not limited to, those expressly set forth in
this article. The surplus revenues of port district industrial  develop-
ment  projects or facilities may be pledged in whole or in part as here-
inafter provided.
  2. The port authority is hereby authorized  to  initiate  studies  and
prepare  and  adopt  a master plan providing for the development of port
district industrial development  projects  and  facilities  which  shall
include  the location of such projects and facilities as may be included
in the plan and shall to the maximum extent  practicable  include  inter
alia  a general description of each of such projects and facilities, the
land use requirements  necessary  therefor,  and  estimates  of  project
costs,  of  project employment potential and of a schedule for commence-
ment of each such project.  Prior to adopting such master plan, the port
authority shall give written notice to, afford a reasonable  opportunity
for  comment,  consult  with and consider any recommendation made by the
governing body of municipalities and within the city  of  New  York  the
appropriate community board or boards and elsewhere another governmental
entity  or  entities designated by such municipality in which industrial
development projects or facilities are proposed to be located  and  with

S. 3353--B                         158

such  other  persons,  including  but not limited to private real estate
developers, which in the opinion of the port authority is either  neces-
sary  or desirable.   The master plan shall include the port authority's
estimate  of the revenues to be derived by municipalities from each such
industrial development project or facility and also a description of the
proposed additional arrangements with municipalities necessary or desir-
able for each such project or facility.  The port authority  may  modify
or  change any part of such plan in the same form and manner as provided
for the adoption of such original plan.  At the time the port  authority
authorizes  any  industrial  development  project  or facility, the port
authority shall include with such authorization a statement  as  to  the
status  of  each  project included in such master plan and any amendment
thereof.
  3. No industrial development project proposed to be located within the
city of New York may be included in such master plan  unless  and  until
the mayor of the city of New York requests the port authority to conduct
a  comprehensive  study of the feasibility of the effectuation of one or
more industrial development projects or  any  parts  thereof  (including
resource  recovery  or  industrial pollution control facilities) in such
city, which request shall specify the borough in which  such  comprehen-
sive  study  is  to take place; provided, however, that the president of
any borough in which an industrial development project  or  facility  is
proposed  to  be  located  may within sixty days of receipt of notice of
such request, and after consulting with and considering any  recommenda-
tion  made  by  the  local  borough  improvement  board, notify the port
authority not to include any proposed industrial development project  or
facility within that county in such feasibility study.  Any such request
by  the  mayor  of the city of New York may specify the facilities to be
included in such industrial park project.
  4. The moneys in the general reserve fund may be pledged in  whole  or
in  part  by  the port authority as security for or applied by it to the
repayment with interest of any moneys which  it  may  raise  upon  bonds
issued  or  incurred  by it from time to time for any of the purposes of
this article or upon bonds secured in whole or in part by the pledge  of
the  revenues from any industrial development project or facility or any
portion thereof or upon bonds both so issued or incurred and so secured;
and the moneys in said general reserve fund may be applied by  the  port
authority  to  the  fulfillment  of  any other undertakings which it may
assume to or for the benefit of the holders of any such bonds.
  Subject to prior liens and pledges (and to the obligation of the  port
authority  to  apply  revenues to the maintenance of its general reserve
fund in the amount prescribed by the general reserve fund statutes), the
revenues from facilities established, constructed, acquired or otherwise
effectuated through the issuance or sale of bonds of the port  authority
secured  in  whole or in part by a pledge of its general reserve fund or
any portion thereof may be pledged in whole or in part as  security  for
or  applied  by it to any of the purposes of this article, including the
repayment with interest of any moneys which  it  may  raise  upon  bonds
issued  or  incurred  from  time to time for any of the purposes of this
article or upon bonds secured in whole or in part by the pledge  of  the
revenues  of  the port authority from any industrial development project
or facility or any portion thereof or  upon  bonds  both  so  issued  or
incurred  and  so secured;  and said revenues may be applied by the port
authority to the fulfillment of any  other  undertakings  which  it  may
assume to or for the benefit of the holders of such bonds.

S. 3353--B                         159

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

S. 3353--B                         160

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

S. 3353--B                         161

authority or with any other person for and in connection with or  relat-
ing  to  the  acquisition, clearance, replanning, rehabilitation, recon-
struction, redevelopment, sale, transfer or mortgage of  any  industrial
development project or facility or of any other area forming part of any
industrial  development  project  or facility for the purpose of renewal
and improvement of said area as  aforesaid  or  for  any  of  the  other
purposes of this article, including but not limited to the dedication by
the  municipalities of the port district of refuse, solid waste or waste
resulting from other treatment processes to resource recovery to  permit
the generation of lower priced energy and the recovery of useful materi-
als  and  a  commitment by such municipalities to pay fees to permit the
delivery and removal after processing of such refuse or solid  waste  at
rates  and for periods of time at least sufficient to assure the contin-
ued availability of such  energy  and  recovered  materials,  upon  such
reasonable  terms  and  conditions  as  may be determined by such state,
municipality, public  authority,  agency  or  commission  and  the  port
authority.    Such agreement may, without limiting the generality of the
foregoing, further include consent to the use by the port  authority  or
any  other  person  of any real property owned or to be acquired by said
state, municipality, public authority, agency or commission and  consent
to  the  use  by  such  state, municipality, public authority, agency or
commission of any real property owned or to  be  acquired  by  the  port
authority  or  by  any  other  person which in either case is necessary,
convenient or desirable in the opinion of the port authority for any  of
the  purposes of this article, including such real property, improved or
unimproved, as has already been devoted to or  has  been  or  is  to  be
acquired  for  urban  renewal or other public use, and as an incident to
such consent such  state,  municipality,  public  authority,  agency  or
commission  may grant, convey, lease or otherwise transfer any such real
property to the port authority or to  any  other  person  and  the  port
authority  may  grant, convey, lease or otherwise transfer any such real
property to such state, municipality, public authority, agency,  commis-
sion  or  any other person for such term and upon such conditions as may
be agreed upon.  If real property of such  state,  municipality,  public
authority,  agency  or  commission be leased to the port authority or to
any other person for any of the purposes of this  article,  such  state,
municipality,  public authority, agency or commission may consent to the
port authority or any other person having the right to mortgage the  fee
of such property and thus enable the port authority or such other person
to  give  as  security  for  its  bond or bonds a lien upon the land and
improvements, but such state, municipality, public authority, agency  or
commission  by consenting to the execution by the port authority or such
other person of a mortgage upon the leased property  shall  not  thereby
assume  and  such  consent  shall not be construed as imposing upon such
state, municipality, public authority, agency or commission any  liabil-
ity  upon the bond or bonds secured by the mortgage.  In connection with
any of the purposes of this article, either state and  any  municipality
thereof, any commission, public authority or agency of either or both of
said  two  states, the port authority and any other person are empowered
to enter into any other agreement or agreements (and from time  to  time
to  enter  into  agreements  amending  or  supplementing same) which may
provide inter alia for the establishment of prices or rates, a  require-
ment  that  any  person sell, lease or purchase any commodity or service
from any other person, or any other similar arrangement.
  Nothing contained in this subdivision shall  impair  or  diminish  the
powers  vested in either state or in any municipality, public authority,

S. 3353--B                         162

agency or commission to acquire, clear, replan,  reconstruct,  rehabili-
tate  or  redevelop abandoned, undeveloped or underutilized land and the
powers herein granted  to  either  state  or  any  municipality,  public
authority,  agency  or commission shall be construed to be in aid of and
not in limitation or in derogation of  any  such  powers  heretofore  or
hereafter  conferred upon or granted to such state, municipality, public
authority, agency or commission.
  Nothing contained in this article shall be construed to authorize  the
port  authority to acquire, by condemnation or the exercise of the right
of eminent domain, property now or hereafter vested in or held by either
state or by any municipality, public  authority,  agency  or  commission
without  the  authority  or  consent by such state, municipality, public
authority, agency or commission, provided that  the  state  under  whose
laws  such  public  authority, agency or commission has been created may
authorize by appropriate legislation the port authority to  acquire  any
such  property vested in or held by any such public authority, agency or
commission by condemnation or the  exercise  of  the  right  of  eminent
domain  without  such  authority or consent;   nor shall anything herein
impair or invalidate in any way any bonded indebtedness of either  state
or  any  such  municipality, public authority, agency or commission, nor
impair the provisions of law regulating the payment into  sinking  funds
of  revenues  derived  from  such  property,  or dedicating the revenues
derived from such property to a specific purpose.
  The port authority, subject to the express authority or consent of any
such state, municipality, public authority,  agency  or  commission,  is
hereby  authorized and empowered to acquire from any such state or muni-
cipality, or from any  other  public  authority,  agency  or  commission
having  jurisdiction  in  the premises, by agreement therewith, and such
state or municipality, public authority, agency or commission,  notwith-
standing  any  contrary  provision  of  law,  is  hereby  authorized and
empowered to grant and convey, upon reasonable terms and conditions, any
real property which may be necessary, convenient or desirable for any of
the purposes of this  article,  including  such  real  property  as  has
already been devoted to a public use.
  Notwithstanding  any inconsistent provision of this section or article
or any compact or general or special law, the  port  authority  may  not
acquire any park lands for industrial development projects or facilities
unless  each  such conveyance of such land is specifically authorized by
the legislature of the state wherein the land is located.
  Any consent by a municipality shall be given and the terms, conditions
and execution by a municipality of any agreement, deed,  lease,  convey-
ance  or  other  instrument  pursuant  to  this subdivision or any other
subdivision of this section shall be authorized in the  manner  provided
in  article  twenty-two  of  the  compact  of  April thirtieth, nineteen
hundred twenty-one between the two states creating the  port  authority,
except  that as to towns in the state of New York, such consent shall be
authorized in the manner provided in the town law and as to counties  in
the  state of New Jersey, such consent shall be authorized in the manner
provided in New Jersey statutes annotated, forty: one-one, et  seq.  Any
consent  by  either state shall be effective if given, and the terms and
conditions and execution of any agreement, deed,  lease,  conveyance  or
other  instrument  pursuant to this section or any other section of this
article shall be effective if authorized by the governor of such  state.
Any  consent by a public authority, agency or commission shall be effec-
tive if given by such public authority, agency or commission.

S. 3353--B                         163

  9. The states of New York and New  Jersey  hereby  consent  to  suits,
actions  or proceedings by any municipality, public authority, agency or
commission against the port authority upon, in connection with or  aris-
ing out of any agreement, or any amendment thereof, entered into for any
of the purposes of this article, as follows:
  a.  for judgments, orders or decrees restraining or enjoining the port
authority from transferring title to real property to other  persons  in
cases  where  it  has  agreed  with said municipality, public authority,
agency, or commission for transfer of such title  to  the  municipality,
public authority, agency or commission;  and
  b.  for judgments, orders or decrees restraining or enjoining the port
authority from committing or continuing to commit other breaches of such
agreement or any amendment thereof;  provided, that such judgment, order
or decree shall not be entered  except  upon  two  days'  prior  written
notice  to  the  port  authority  of  the  proposed entry thereof;   and
provided further that upon appeal taken by the port authority from  such
judgment,  order  or  decree  the  service of the notice of appeal shall
perfect the appeal and stay the execution of  such  judgment,  order  or
decree appealed from without an undertaking or other security.
  Nothing  herein contained shall be deemed to revoke, rescind or affect
any consent to suits, actions, or proceedings against the port authority
heretofore given by the two said states in chapter three hundred one  of
the  laws of New York of nineteen hundred fifty and continued by article
XV of this chapter, and chapter two hundred four  of  the  laws  of  New
Jersey of nineteen hundred fifty-one.
  10.  The effectuation of industrial development projects or facilities
of any such projects or facilities constituting a portion of any  indus-
trial  development  project or facility, are and will be in all respects
for the benefit of the people of the states of New York and New  Jersey,
for  the  increase of their commerce and prosperity and for the improve-
ment of their health and living conditions;  and the port authority  and
any  subsidiary corporation incorporated for any of the purposes of this
article shall be regarded as performing an essential governmental  func-
tion  in  undertaking  the effectuation thereof, and in carrying out the
provisions of law relating thereto.
  11. The port authority shall be required to pay no  taxes  or  assess-
ments  upon  any  of the property acquired and used by it for any of the
purposes of this article or upon any deed, mortgage or other  instrument
affecting  such  property  or upon the recording of any such instrument.
However, to the end that no taxing jurisdiction shall suffer undue  loss
of  taxes  and assessments by reason of the acquisition and ownership of
property by the port authority for any of the purposes of this  article,
the   port   authority  is  hereby  authorized  and  empowered,  in  its
discretion, to enter into a voluntary agreement or agreements  with  any
city,  town,  township or village whereby the port authority will under-
take to pay in lieu of taxes a fair and reasonable sum, if any, or  sums
annually  in connection with any real property acquired and owned by the
port authority for any of the purposes of this article  and  to  provide
for  the  payment  as a rental or additional rental charge by any person
occupying any portion of any industrial development project or  facility
either as lessee, vendee or otherwise of such reasonable sum, if any, or
sums  as  hereinafter  provided.   Such sums in connection with any real
property acquired and owned  by  the  port  authority  for  any  of  the
purposes  of  this  article  shall not be more than the sum last paid as
taxes upon such real property prior to the time of  its  acquisition  by
the  port  authority;    provided,  however, that in connection with any

S. 3353--B                         164

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

S. 3353--B                         165

located a statement as to the conformance of such industrial development
project or facility with such environmental  and  solid  waste  disposal
standards  and  any  state  and county plans therefor, and shall consult
with  such  governor  or  his  designee with respect thereto.   The port
authority and the city, town, township or village in  which  any  indus-
trial  development  project  or  facility is to be located and for whose
benefit such project or facility is undertaken are hereby authorized and
empowered to enter into an agreement  or  agreements  to  provide  which
local  laws,  resolutions, ordinances, rules and regulations, if any, of
such city, town, township or village affecting any  industrial  develop-
ment  project  or facility shall apply to such project or facility.  All
other existing local laws, resolutions, ordinances or  rules  and  regu-
lations  not  provided for in such agreement shall be applicable to such
industrial development projects or facilities.   All  such  local  laws,
resolutions,  ordinances or rules and regulations enacted after the date
of such agreement or agreements shall not be applicable to such projects
or facilities unless made applicable by such agreement or agreements  or
any modification or modifications thereto.
  So  long  as  any  facility  constituting  a portion of any industrial
development project or facility shall be owned, controlled  or  operated
by  the port authority, no public authority, agency, commission or muni-
cipality of either or both of the two  states  shall  have  jurisdiction
over such project or facility nor shall any such public authority, agen-
cy,  commission  or municipality have any jurisdiction over the terms or
method of effectuation of all or any portion thereof by the port author-
ity including but not limited to the transfer  of  all  or  any  portion
thereof  to  or  by  the  port  authority;   provided, however, the port
authority is authorized and empowered to submit to the jurisdiction over
such project or facility of either state or any  department  thereof  or
any  such  public authority, agency, commission or municipality when the
exercise of such jurisdiction is necessary  for  the  administration  or
implementation  of  federal environmental or solid waste disposal legis-
lation by either state.
  Nothing in this article shall be deemed to prevent the port  authority
from  establishing, acquiring, owning, leasing, constructing, effectuat-
ing,  developing,  maintaining,  operating,  rehabilitating,  improving,
selling, transferring or mortgaging all or any portion of any industrial
development  project  or facility through wholly owned subsidiary corpo-
rations of the port authority or subsidiary corporations  owned  by  the
port  authority  jointly with any public authority, agency or commission
of either or both of the two states or from transferring to or from  any
such corporations any moneys, real property or other property for any of
the  purposes  of  this article.   If the port authority shall determine
from time to time to form such a subsidiary corporation it shall  do  so
by  executing and filing with the secretary of state of the State of New
York and the secretary of state of the State of New Jersey a certificate
of incorporation, which may be amended from  time  to  time  by  similar
filing,  which  shall set forth the name of such subsidiary corporation,
its duration, the location of its principal  office,  any  joint  owners
thereof,  and  the  purposes  of the incorporation which shall be one or
more of  the  purposes  of  establishing,  acquiring,  owning,  leasing,
constructing, effectuating, developing, maintaining, operating, rehabil-
itating,  improving,  selling,  transferring  or  mortgaging  all or any
portion of any industrial development project or facility.   The  direc-
tors  of  such  subsidiary corporation shall be the same persons holding
the offices of commissioners of the port authority together with persons

S. 3353--B                         166

representing any joint owner thereof as provided for in the agreement in
connection with the incorporation thereof.  Such subsidiary  corporation
shall  have  all  the powers vested in the port authority itself for the
purposes  of  this  article  except  that it shall not have the power to
contract indebtedness.  Such subsidiary corporation and any of its prop-
erty, functions and activities shall have all of the privileges, immuni-
ties, tax exemptions and other exemptions of the port authority  and  of
the  port  authority's property, functions and activities.  Such subsid-
iary corporation shall be subject to the restrictions and limitations to
which the port authority may be subject, including, but not  limited  to
the  requirement  that  no  action  taken at any meeting of the board of
directors of such subsidiary corporation  shall  have  force  or  effect
until  the governors of the two states shall have an opportunity, in the
same manner and within the same time as now or hereafter provided by law
for approval or veto of actions taken at any meeting of the port author-
ity itself, to approve or veto such action.  Such subsidiary corporation
shall be subject to suit in accordance with  subdivision  nine  of  this
section  and  chapter three hundred one of the laws of New York of nine-
teen hundred fifty and continued by article  XV  of  this  chapter,  and
chapter  two  hundred four of the laws of New Jersey of nineteen hundred
fifty-one as if such subsidiary  corporation  were  the  port  authority
itself.    Such  subsidiary  corporation may be a participating employer
under the New York retirement and social security law or any similar law
of either state and the employees of any  such  subsidiary  corporation,
except  those who are also employees of the port authority, shall not be
deemed employees of the port authority.
  Whenever any state, municipality, commission, public authority,  agen-
cy,  officer,  department, board or division is authorized and empowered
for any of the purposes of this article to  co-operate  and  enter  into
agreements  with  the port authority or to grant any consent to the port
authority or to grant, convey, lease or otherwise transfer any  property
to  the  port  authority or to execute any document, such state, munici-
pality, commission, public authority, agency, officer, department, board
or division shall have the same authorization and power for any of  such
purposes  to  co-operate  and enter into agreements with such subsidiary
corporation and to grant consents to such subsidiary corporation and  to
grant,  convey,  lease or otherwise transfer property to such subsidiary
corporation and to execute documents for such subsidiary corporation.
  13. The bonds issued by the port authority to provide funds for any of
the purposes of this article are hereby made  securities  in  which  all
state and municipal officers and bodies of both states, all trust compa-
nies  and  banks other than savings banks, all building and loan associ-
ations, savings and loan associations, investment  companies  and  other
persons  carrying on a commercial banking business, all insurance compa-
nies, insurance associations and other persons carrying on an  insurance
business,  and  all  administrators,  executors, guardians, trustees and
other fiduciaries, and all other persons whatsoever (other than  savings
banks),  who  are  now or may hereafter be authorized by either state to
invest in bonds of such state,  may  properly  and  legally  invest  any
funds, including capital, belonging to them or within their control, and
said  bonds are hereby made securities which may properly and legally be
deposited with and shall be received by any state or  municipal  officer
or agency of either state for any purpose for which the deposit of bonds
of  such  state is now or may hereafter be authorized.  The bonds issued
by the port authority to provide funds for any of the purposes  of  this
article  as  security for which the general reserve fund shall have been

S. 3353--B                         167

pledged in whole or in part are hereby  made  securities  in  which  all
savings  banks  also may properly and legally invest any funds including
capital, belonging to them or within their control.
  14.  Subsequent  to  and  subject to the execution of the agreement or
agreements authorized by subdivisions eleven and twelve of this  section
the  projects  and facilities and at the locations specified therein, if
the port authority shall find it necessary, convenient or  desirable  to
acquire  from  time to time any real property or any property other than
real property (including but not limited to contract  rights  and  other
tangible  or  intangible  personal property), for any of the purposes of
this act whether  for  immediate  or  future  use  (including  temporary
construction,  rehabilitation  or  improvement),  the port authority may
find and determine that such property, whether a fee simple absolute  or
a  lesser interest, is required for a public use, and upon such determi-
nation the said property shall be and shall be deemed to be required for
such public use until otherwise determined by the  port  authority,  and
such  determination shall not be affected by the fact that such property
has theretofore been taken for and is then devoted to a public use;  but
the public use in the hands of or under the control of the port authori-
ty shall be deemed superior to the public use in the hands of any  other
person, association or corporation.
  The  port authority may acquire and is hereby authorized so to acquire
from time to time, for any of the purposes of this article, such proper-
ty, whether a fee simple absolute or a lesser  estate,  by  condemnation
(including the exercise of the right of eminent domain) under and pursu-
ant  to  the provisions of the eminent domain procedure law of the state
of New York in the case of property located in or having  its  situs  in
such  state,  and  chapter  three  hundred  sixty-one of the laws of New
Jersey of nineteen hundred seventy-one, in the case of property  located
in  or  having  its  situs  in such state, or, at the option of the port
authority, as provided in section fifteen of chapter forty-three of  the
laws  of  New Jersey of nineteen hundred forty-seven, as amended, in the
case of property located in or having its situs in such state, or pursu-
ant to such other and alternate procedure as may be provided by  law  of
the state in which such property is located or has its situs; and all of
said statutes for the acquisition of real property shall, for any of the
purposes  of  this  article, be applied also to the acquisition of other
property authorized by this subdivision, except that such provisions  as
pertain  to  surveys,  diagrams, maps, plans or profiles, assessed valu-
ation, lis pendens, service of notice and papers, filing in  the  office
of  the  clerk  in which the real property affected is situated and such
other provisions as by their nature cannot  be  applicable  to  property
other  than real property, shall not be applicable to the acquisition of
such other property. In the event that  any  property  other  than  real
property  is acquired for any of the purposes of this article under this
section then, with respect  to  such  other  property,  notice  of  such
proceeding and all subsequent notices or court processes shall be served
upon  the  owners  of such other property and upon the port authority by
personal service or by registered or certified mail, except  as  may  be
otherwise directed by the court.
  The  port  authority  is  hereby  authorized  and  empowered,  in  its
discretion, from time to time to combine any property  which  is  to  be
acquired  as  aforesaid  by condemnation for any of the purposes of this
article for acquisition in a single action or proceeding notwithstanding
that part of the property so to be  acquired  is  personal  property  or
mixed real and personal property or may be owned by more than one owner.

S. 3353--B                         168

  The  owner of any property acquired by condemnation or the exercise of
the right of eminent domain for any of the purposes of  this  act  shall
not  be  awarded  for such property any increment above the just compen-
sation required by the constitutions of the United  States  and  of  the
state  or  states  in  which the property is located or has its situs by
reason of any circumstances whatsoever.
  Nothing herein contained  shall  be  construed  to  prevent  the  port
authority  from  bringing  any proceedings to remove a cloud on title or
such other proceedings as it may, in its  discretion,  deem  proper  and
necessary,  or  from  acquiring  any  such  property  by  negotiation or
purchase.
  Where a person entitled to an award in the proceedings for the  acqui-
sition  of  property  by condemnation or the right of eminent domain for
any of the purposes of this article remains in possession of such  prop-
erty  after  the time of the vesting of title in the port authority, the
reasonable value of this use and occupancy of such  property  subsequent
to  such time, as fixed by agreement or by the court in such proceedings
or by any court of competent jurisdiction, shall be a lien against  such
award,  subject  only  to  liens of record at the time of the vesting of
title in the port authority.
  15. The port authority and its duly authorized agents, and all persons
acting under its authority and  by  its  direction,  may  enter  in  the
daytime  into  and upon any real property for the purpose of making such
surveys, diagrams, maps, plans, soundings or borings as the port author-
ity may deem necessary, convenient or desirable for any of the  purposes
of this article.
  16. Any declarations contained herein with respect to the governmental
nature  and  public  purpose  of  any  industrial development project or
facility and to the exemption of any industrial development  project  or
facility  property and instruments relating thereto from taxation and to
the discretion of the port authority with respect to  said  projects  or
facilities  shall  not  be  construed to imply that other port authority
facilities, property and operations are not of a governmental nature  or
do  not  serve public purposes, or that they are subject to taxation, or
that the determinations of the port authority with respect  thereto  are
not  conclusive.   The powers hereby vested in the port authority and in
any subsidiary corporation incorporated for any of the purposes of  this
act  (including but not limited to the power to acquire real property by
condemnation or the exercise of the right of eminent  domain)  shall  be
continuing  powers  and  no  exercise thereof by the port authority or a
subsidiary corporation incorporated for any  of  the  purposes  of  this
article shall be deemed to exhaust them or any of them.
  17.  This subdivision and the preceding subdivisions hereof constitute
an agreement between the states of New York and New Jersey supplementary
to the compact between the two states dated  April  thirtieth,  nineteen
hundred  twenty-one  and  amendatory  thereof,  and  shall  be liberally
construed to effectuate the purposes of said compact and of the  compre-
hensive plan heretofore adopted by the two states, and the powers grant-
ed  to  the port authority shall be construed to be in aid of and not in
limitation or in derogation of any other  powers,  heretofore  conferred
upon or granted to the port authority.
  18.  If any section, part, phrase, or provision of this article or the
application thereof to any person or circumstances be  adjudged  invalid
by  any  court  of  competent  jurisdiction,  so  long as the section or
remainder of the article shall nonetheless permit the effectuation, as a
unified project, of any industrial development project or facility, such

S. 3353--B                         169

judgment shall be confined  in  its  operation  to  the  section,  part,
phrase, provision or application directly involved in the controversy in
which  such  judgment  shall  have been rendered and shall not affect or
impair  the  validity  of  the  remainder of this act or the application
thereof to other persons or circumstances  and  the  two  states  hereby
declare  that they would have entered into this article or the remainder
thereof had the invalidity of such provision or application thereof been
apparent.
  19. A copy of the minutes of any action taken at any  meeting  of  the
port authority in connection with any modification, addition or deletion
in  or  to  any  or  all of the covenants with or pledges to bondholders
contained in a resolution authorizing the issuance of consolidated bonds
of the port authority from such covenants or pledges set  forth  in  the
immediately  preceding  resolution of the port authority authorizing the
issuance of such bonds shall be filed with the temporary  president  and
minority leader of the senate and the speaker and minority leader of the
assembly  of  the  state of New York and the secretary of the senate and
clerk of the general assembly of the state  of  New  Jersey  within  ten
calendar  days  prior  to  transmitting the same to the governor of each
state for review if the legislature of such state be in session and  not
adjourned  for more than two days, and, in the event the legislatures of
the respective states are not in session or are adjourned for more  than
two  days,  the  same  shall be filed with such officers thirty calendar
days prior to transmitting the same to the governor of  each  state  for
review.  Notice of such filing shall be provided to the governor of each
state at the same time.
  The  temporary  president  and  minority  leader of the senate and the
speaker and minority leader of the assembly of the state of New York and
the speaker of the general assembly and the president of the  senate  of
the  state of New Jersey, or their representatives designated by them in
writing for this purpose, may by certificate filed with the secretary of
the port authority waive the foregoing filing requirement  with  respect
to any specific minutes.
  20.  The  port  authority  shall file with the temporary president and
minority leader of the senate, the speaker and minority  leader  of  the
assembly,  the chairman of the assembly ways and means committee and the
chairman of the senate finance committee of the state of  New  York  and
the  president,  minority  leader  and  secretary  of the senate and the
speaker and minority leader and clerk of the  general  assembly  of  the
state  of  New  Jersey  a copy of the minutes of any action taken at any
public meeting of the port authority  in  connection  with  any  of  the
purposes of this article.  Such filing shall be made at least ten calen-
dar  days  before  such  minutes are transmitted to the governor of each
state for review;  and notice of such filing shall be  provided  to  the
governor of each state at the same time.
  The temporary president and minority leader of the senate, the speaker
and  minority  leader of the assembly, the chairman of the assembly ways
and means committee and the chairman of the senate finance committee  of
the state of New York and the speaker and minority leader of the general
assembly  and the president and the minority leader of the senate of the
state of New Jersey, or their  representatives  designated  by  them  in
writing for this purpose, may by certificate filed with the secretary of
the  port  authority waive the foregoing filing requirement with respect
to any specific minutes.
  21. The comptroller of the state of New York and the treasurer of  the
state  of New Jersey may each from time to time request a special report

S. 3353--B                         170

with such information as each such  officer  may  require  with  respect
thereto  from  the  port authority with respect to any or all industrial
development projects or facilities.

                              ARTICLE XXIX
                           BUS TRANSPORTATION

Section 2901. Findings and determinations.
        2902. Definitions.
        2903. Bus transportation.
  S  2901.  Findings and determinations.  The states of New York and New
Jersey hereby find and determine that:
  1. The efficient, economical and  convenient  mass  transportation  of
persons  to, from and within the port district as defined in the compact
between the two states dated April thirtieth, nineteen  hundred  twenty-
one  is  vital and essential to the preservation and economic well being
of the northern New Jersey-New York metropolitan area;
  2. In order to deter the economic deterioration of  the  northern  New
Jersey-New  York  metropolitan  area  adequate  facilities  for the mass
transportation of persons must be provided and buses are and will remain
of extreme importance in such transportation;
  3. The provision of mass transportation including  bus  transportation
in  urban  areas has become financially burdensome and may result in the
additional curtailment of significant portions of this essential  public
service;
  4.  The  economic viability of the existing facilities operated by the
port authority is dependent upon the effective and efficient functioning
of the transportation network of the northern New Jersey-New York metro-
politan area and access to and proper utilization of such port authority
facilities would be adversely affected if users  of  bus  transportation
were to find such transportation unavailable or significantly curtailed;
  5.  Buses serving regional bus routes and feeder bus routes and ancil-
lary bus facilities constitute an essential part of  the  mass  commuter
facilities of the port district;
  6.  The continued availability of bus transportation requires substan-
tial replacement of and additions to the number of  buses  presently  in
use in the northern New Jersey-New York metropolitan area;
  7. The port authority which was created by agreement of the two states
as  their joint agent for the development of transportation and terminal
facilities and other facilities of commerce of the port district and for
the promotion and protection of the commerce of their port, is a  proper
agency  to  provide  such  buses  to  each  of  the  two states and such
provision of buses by the port authority  is  in  the  interest  of  the
continued  viability  of the facilities of the port authority, and is in
the public interest;
  8. The operation of the facilities of the  port  authority,  including
but not limited to the port authority bus terminal at forty-first street
and  eighth  avenue in New York county in the city and state of New York
and the extension  thereto  currently  under  construction  (hereinafter
called the "bus terminal"), the George Washington bridge bus station and
the  provision  of  buses  and ancillary bus facilities pursuant to this
article involve the exercise of public and essential governmental  func-
tions  which  must  be  performed by the two states or any municipality,
public authority, agency, or commission of either or both states;
  9. The revision to the port authority bridge and tunnel toll schedules
which  was  effective  May  fifth,  nineteen  hundred  seventy-five,  is

S. 3353--B                         171

expected  to  result in additional revenues to the port authority suffi-
cient to support the financing  with  consolidated  bonds  of  the  port
authority  of  approximately  four hundred million dollars for passenger
mass  transportation  capital  projects  (hereinafter  called "passenger
facilities"), approximately one hundred sixty  million  dollars  thereof
being allocated to the extension to the bus terminal, with the remaining
two  hundred  forty  million dollars to be allocated on the basis of one
hundred twenty million dollars in each state for  passenger  facilities,
including  but not limited to the acquisition, development and financing
of buses and related facilities, as determined by each  such  state  and
the  port  authority  acting  pursuant  to legislative authorization and
commitments to the holders of port authority obligations; and
  10. The port authority's function as a  regional  agency  of  the  two
states  makes it appropriate that line-haul regional bus route passenger
facilities be equipped pursuant to this article with buses and ancillary
bus facilities and that the need for development and equipment  of  such
routes be satisfied on a priority basis.
  S 2902. Definitions.  For the purpose of this article:
  1.  "Ancillary bus facilities" shall mean any facilities useful in the
provision of service for line-haul regional or feeder bus routes includ-
ing but not limited to (a) fare collection,  communication,  signal  and
identification  equipment,  (b) equipment to aid in the provision of bus
service to the elderly and  handicapped,  (c)  maintenance,  repair  and
storage facilities and equipment, and (d) bus stations for use primarily
by  passengers  traveling  between  New  York and New Jersey; automobile
parking lots for use by  people  who  transfer  to  buses  on  line-haul
regional  bus  routes or feeder bus routes; and shelters at roadside bus
stops to afford waiting bus passengers protection from precipitation and
wind;
  2. "Buses" shall mean vehicles containing seats  for  twelve  or  more
passengers which are designed for and regularly used in scheduled common
carrier  passenger  mass transportation service on streets, highways and
exclusive busways and which  are  not  designed  or  used  for  railroad
purposes;
  3.  "Consolidated  bonds"  shall  mean consolidated bonds of the issue
established by the resolution of the  port  authority,  adopted  October
ninth, nineteen hundred fifty-two;
  4.  "Develop" shall mean plan, design, construct, improve or rehabili-
tate;
  5. "Feeder bus routes" shall mean those bus routes entirely within the
regional bus area which connect within the port district with a bus stop
on a line-haul regional bus route, a  passenger  ferry,  or  a  railroad
station;
  6.  "Line-haul  regional  bus  routes" shall mean bus routes which are
entirely within the regional bus area and  which  extend  from  a  point
outside  the  county  in which the bus terminal is located to a point in
such county;
  7. "Municipality" shall mean a county, city, borough,  village,  town,
township,  or  other  similar  political  subdivision of New York or New
Jersey;
  8. "Person" shall mean any person, including individuals, firms, part-
nerships, associations, societies, trusts, public utilities,  public  or
private  corporations,  or  other  legal  entities,  including public or
governmental bodies, which may include the port authority,  as  well  as
natural persons;

S. 3353--B                         172

  9.  "Railroad station" shall mean a stop on a rail or subway system at
which passengers embark or disembark; and
  10. "Regional bus area" shall mean that area in the states of New York
and  New  Jersey which lies within a radius of seventy-five miles of the
bus terminal.
  S 2903. Bus transportation. 1.  The port authority is  authorized  and
empowered to acquire, develop, finance, and transfer buses and ancillary
bus  facilities  for  the  purpose  of leasing, selling, transferring or
otherwise disposing of such buses and ancillary bus facilities  only  to
the  state  of  New  York  and  the state of New Jersey or to any public
authority, agency, commission, city or county thereof and designated  by
such  state  (hereinafter  called  the "lessee"). Such buses may be used
only on line-haul regional bus routes or on feeder bus routes  and  such
ancillary  bus  facilities shall be developed for and used in connection
with buses which travel on line-haul regional bus routes or  feeder  bus
routes;  provided,  however, that (a) such buses may be used for charter
bus trips which originate in the regional bus  area,  which  take  place
when  such  buses  are  not needed for service on line-haul regional bus
routes or feeder bus  routes,  and  which  comply  with  all  applicable
requirements  including  but  not limited to those of the port authority
and the lessee; and (b) provided that fare collection, communication and
identification equipment and maintenance, repair and storage  facilities
and  equipment  acquired  pursuant  to  this  act  may  be  utilized  in
connection with bus service which is not on line-haul regional or feeder
bus routes to the extent that such utilization  shall  comply  with  all
applicable  requirements  including but not limited to those of the port
authority and the lessee. Ancillary bus facilities which are not located
on buses or which are not otherwise intended to be moved from  place  to
place shall be located only within the port district.
  2.  Any  such  lease, sale, transfer or other disposition of buses and
ancillary bus facilities shall be on such terms and conditions,  includ-
ing  consideration,  consistent  with this article as the port authority
shall deem in the public interest and which shall be acceptable  to  the
port authority and the lessee. Notwithstanding any contrary provision of
law,  general,  special or local, part of the consideration for any such
lease or transfer shall consist of an agreement by the lessee  to  main-
tain  and  use  such  buses  and ancillary bus facilities, or cause such
buses and ancillary bus facilities to be maintained and used  by  others
under  agreement  with the lessee, in the effective and efficient trans-
portation of passengers in accordance with this act and the port author-
ity may accept such agreement in lieu of  any  other  consideration  for
such  lease  or transfer. The lessee shall be responsible for the proper
operation, maintenance, repair and use of the buses  and  ancillary  bus
facilities  and the port authority shall not be liable in any respect by
reason of the ownership, development, operation, maintenance, repair  or
use  of  such  buses and ancillary bus facilities. Anything contained in
this article to the contrary notwithstanding, development of such  buses
and ancillary bus facilities and introduction into service of such buses
shall be subject to the approval of the lessee.
  3.  The  two  states  covenant  and agree with each other and with the
holders of the present and future obligations of the port authority that
(a) the lessee of buses or ancillary bus facilities leased,  transferred
or  otherwise  disposed of pursuant to this article shall be required to
defend and to provide for indemnification, subject to appropriations  or
other  funds  which are or become legally available for this purpose, of
the port authority against any liability of whatsoever form or nature as

S. 3353--B                         173

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

S. 3353--B                         174

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

S. 3353--B                         175

                               ARTICLE XXX
                          GENERAL RESERVE FUND

Section 3001. Definitions.
        3002. Establishment of general reserve fund.
        3003. Effective date.

  S 3001. Definitions. As used in this article:
  (a)  "Port  authority" means the port of New York authority created by
the compact of April thirtieth, nineteen hundred twenty-one, between the
states of New York and New Jersey and continued by  article  I  of  this
chapter.
  (b)  "Bonds  legal for investment" means bonds or other obligations or
securities of the port authority, in which savings banks in both of  the
two  said  states are now or may hereafter be authorized to invest funds
within their control.
  (c) "Terminal and/or transportation facilities" means terminal  and/or
transportation  facilities  as used in the said compact of April thirti-
eth, nineteen hundred twenty-one, and as defined in subdivisions  eleven
and twelve of section one hundred four of this chapter.
  (d)  "Surplus  revenues" means, in the case of each terminal or trans-
portation facility, the balance of the revenues therefrom  remaining  at
any  time  currently  in  the  hands  of  the  port  authority after the
deduction of the current expenses of the operation and maintenance ther-
eof, including a proper proportion of the general expenses of  the  port
authority, and after the deduction of any amounts which the port author-
ity  may  or shall be obligated or may or shall have obligated itself to
pay or to set aside out of the current revenues therefrom for the  bene-
fit  of  the  holders  of  any bonds legal for investment, and after the
deduction of any amounts currently due to the two said states on account
of any advances made by the two said states to the port authority in aid
of the effectuation of such terminal or transportation facility.
  S 3002. Establishment of general reserve fund.  In all cases where the
port authority has raised or shall hereafter raise moneys for the estab-
lishment, acquisition, construction or effectuation of  terminal  and/or
transportation  facilities  by  the  issue  and  sale of bonds legal for
investment, as herein defined and limited, the surplus revenues received
by or accruing to the port authority from  or  in  connection  with  the
operation  of  such  terminal  and/or transportation facilities built in
whole or in part by the proceeds of the sale  of  such  bonds  shall  be
pooled  and  applied  by  it  to  the establishment and maintenance of a
general reserve fund in an amount equal to one-tenth (1/10) of  the  par
value  of all bonds legal for investment, as herein defined and limited,
issued by the port authority and currently outstanding.  The  moneys  in
the  said general reserve fund may be pledged in whole or in part by the
port authority as security for or applied by it to  the  repayment  with
interest  of  any moneys which it has raised or may hereafter raise upon
any bonds, legal or investment, as herein defined and limited, and  made
and issued by it for any of its lawful purposes; and the said moneys may
be  applied by the port authority to the fulfillment of any other under-
takings which it has assumed or may or shall hereafter assume to or  for
the benefit of the holders of any of such bonds.
  Any  surplus  revenues  not required for the establishment and mainte-
nance of the aforesaid general reserve  fund  shall  be  used  for  such
purposes as may hereafter be directed by the two said states.

S. 3353--B                         176

  S 3003. Effective date. This article shall take effect upon the enact-
ment  into law by the state of New Jersey of legislation having an iden-
tical effect with this act, but if the State of New Jersey  has  already
enacted such legislation, this act shall take effect immediately.
  S  31.  Chapter  40-A  of  the consolidated laws constituting the port
authority of New York and New Jersey created by section thirty  of  this
act  shall  be  deemed for all purposes to be a continuation of the port
authority of New York and New Jersey as it was  constituted  immediately
preceding the effective date of this act and shall not be construed as a
newly  created authority.   All unexpended balances of appropriations of
monies heretobefore made or allocated to the port authority of New  York
and  New  Jersey as such authority was constituted immediately preceding
the effective date of this act, whether obligated  or  unobligated,  are
hereby  transferred  to  and made available to the port authority of New
York and New Jersey as created in section  thirty  of  this  act.    All
rules,  regulations,  orders,  determinations, and decisions of the port
authority of New York and New Jersey, as it was constituted  immediately
preceding  the  effective date of this act, shall continue in full force
and effect as rules, regulations, orders, determinations  and  decisions
of  the  port  authority  of  New York and New Jersey created by section
thirty of this act.
  S 32. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 33. This act shall take effect upon the enactment into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation  this act shall take effect immediately. The chairman of the
port authority shall notify the  legislative  bill  drafting  commission
upon  the  enactment into law of such legislation by both such states in
order that the commission may maintain an accurate and timely  effective
data  base  of the official text of the laws of the state of New York in
furtherance of effecting the provision of section 44 of the  legislative
law and section 70-b of the public officers law.