This bill has been amended

Bill S6478-2013

Repeals chapters 154 of the laws of 1921, ch 43 of the laws of 1922, ch 47 of the laws of 1931; Constitutes chapter 40-A of the consolidated laws as Port Authority of New York and New Jersey

Constitutes chapter 40-A of the consolidated laws as the Port Authority of New York and New Jersey; continues all operations of the Port Authority of New York and New Jersey; repeals chapters relating to the Port Authority of New York and New Jersey.

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  • Jan 29, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Memo

BILL NUMBER:S6478

TITLE OF BILL: An act to repeal chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey; to repeal chapter 43 of the laws 1922 relating to the development of the port of New York; to repeal chapter 47 of the laws of 1931 relating to bridges and tunnels in New York and New Jersey; and to repeal chapter 882 of the laws of 1953 relating to waterfront employment and air freight industry regulation; and relating to constituting chapter 40-A of the consolidated laws, in relation to the port authority of New York and New Jersey

SUMMARY OF PROVISIONS:

Section 1 repeals Chapter 154 of the Laws of 1921.

Section 2 repeals Chapter 43 of the Laws of 1922.

Section 3 repeals Chapter 47 of the Laws of 1931.

Section 4 repeals Chapter 882 of the Laws of 1953.

Section 5 adds chapter 40-A to the consolidated Laws to read the port Authority of New York and New Jersey

Article I encompasses the provisions of Chapter 154 of the Laws of 1921

Article II encompasses the provisions of Chapter 43 of the Laws of 1922

Article III encompasses the provisions of Chapter 47 of the Laws of 1931

Article IV encompasses the provisions of Chapter 882 of the Laws of 1953.

Section 6 provides that Chapter 40-A of the consolidated laws shall for all purposes be a continuation of the Port Authority of New York and New Jersey as it was constituted immediately preceding, the effective date of this act.

Section 7 relates to severability.

Section 8 effective date.

PURPOSE AND JUSTIFICATION: This bill consolidates in a new Chapter of the Consolidated Laws, Chapter 40-A Port Authority of New York and New Jersey, the four unconsolidated laws that control the Port Authority. The Port Authority is an important economic driver of our State's economy, yet it is a daunting task to find the laws that control its operation, tucked away in the unconsolidated laws, for anyone not familiar with the Authority.

As a matter of transparency and open government, these laws should be readily accessible to anyone who is interested. This bill will allow anyone with questions regarding the Port Authority to quickly go to

the appropriate Chapter. No substantive changes are made or intended to made by this bill, it simply moves the existing unconsolidated laws into their own consolidated chapter.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: this act shall take effect upon the enactment into law by the State of New Jersey of legislation having an identical effect with this act, but if the State of New Jersey shall have already enacted such legislation this act shall take effect immediately.


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STATE OF NEW YORK ________________________________________________________________________ 6478 IN SENATE January 29, 2014 ___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to repeal chapter 154 of the laws of 1921 relating to the port authority of New York and New Jersey; to repeal chapter 43 of the laws 1922 relating to the development of the port of New York; to repeal chapter 47 of the laws of 1931 relating to bridges and tunnels in New York and New Jersey; and to repeal chapter 882 of the laws of 1953 relating to waterfront employment and air freight industry regulation; and relating to constituting chapter 40-A of the consolidated laws, in relation to the port authority of New York and New Jersey THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Chapter 154 of the laws of 1921, constituting the Port of New York Authority, is REPEALED. S 2. Chapter 43 of the laws of 1922 relating to the development of the port of New York is REPEALED. S 3. Chapter 47 of the laws of 1931 relating to bridges and tunnels in New York and New Jersey is REPEALED. S 4. Chapter 882 of the laws of 1953 relating to waterfront employment and air freight industry regulation is REPEALED. S 5. Chapter 40-A of the consolidated laws is added to read as follows: CHAPTER 40-A OF THE CONSOLIDATED LAWS PORT AUTHORITY OF NEW YORK AND NEW JERSEY ARTICLE I GENERAL PROVISIONS Section 101. Short title. 102. Legislative intent. 103. Explanation of order of provisions. 104. Definitions. 105. Port authority of New York and New Jersey. 106. Port of New York district. 107. Commissioners.
108. Power of the port authority. 109. Public meetings. 110. Minutes of public meetings. 111. Jurisdiction. 112. Powers of municipalities to develop or improve. 113. Comprehensive development. 114. Recommendations. 115. Expense of operations. 116. Notice of claim. 117. Regulations. S 101. Short title. This chapter shall be known and may be cited as the "port authority of New York and New Jersey act". S 102. Legislative intent. William R. Willcox, Eugenius H. Outer- bridge and Murray Hulbert, or any two of them, commissioners heretofore appointed under chapter four hundred and twenty-six of the laws of nine- teen hundred and seventeen of the state of New York, together with the attorney-general of the state of New York, are hereby authorized as commissioners upon the part of the state of New York to enter into, with the state of New Jersey, by and through the commissioners appointed or who may be appointed under or by virtue of a law of the legislature of the state of New Jersey, an agreement or compact in the form following, that is to say: Whereas, In the year eighteen hundred and thirty-four the states of New York and New Jersey did enter into an agreement fixing and determin- ing the rights and obligations of the two states in and about the waters between the two states, especially in and about the bay of New York and the Hudson river; and Whereas, Since that time the commerce of the port of New York has greatly developed and increased and the territory in and around the port has become commercially one center or district; and Whereas, It is confidently believed that a better co-ordination of the terminal, transportation and other facilities of commerce in, about and through the port of New York, will result in great economies, benefiting the nation, as well as the states of New York and New Jersey; and Whereas, The future development of such terminal, transportation and other facilities of commerce will require the expenditure of large sums of money and the cordial co-operation of the states of New York and New Jersey in the encouragement of the investment of capital, and in the formulation and execution of the necessary physical plans; and Whereas, Such result can best be accomplished through the co-operation of the two states by and through a joint or common agency. Now, therefore, the said states of New Jersey and New York do supple- ment and amend the existing agreement of eighteen hundred and thirty- four in the following respects. They agree to and pledge, each to the other, faithful co-operation in the future planning and development of the port of New York, holding in high trust for the benefit of the nation the special blessings and natural advantages thereof. S 103. Explanation of order of provisions. In this port authority of New York and New Jersey act, the provisions have been divided in descending order of application, with illustrations, as follows: Article I Section 101 Subdivision 1. Paragraph (a) Subparagraph (1)
Item (i) Clause A. Subitem (I) S 104. Definitions. The following terms shall have the following meanings unless otherwise provided: 1. "Board" means the board of commissioners of the port authority of New York and New Jersey. 2. "Consent, approval or recommendation of municipality" means wherev- er the consent, approval or recommendation of a "municipality" is required, the word "municipality" shall be taken to include any city or incorporated village within the port district, and in addition in the state of New Jersey any borough, town, township or any municipality governed by an improvement commission within the district. Such consent, approval or recommendation whenever required in the case of the city of New York shall be deemed to have been given or made whenever the board of estimate and apportionment of said city or any body hereafter succeeding to its duties shall by a majority vote pass a resolution expressing such consent, approval or recommendation; and in the case of any municipality now or hereafter governed by a commission, whenever the commission thereof shall by majority vote pass such a resolution; and in all other cases whenever the body authorized to grant consent to the use of the streets or highways of such municipality shall by a majority vote pass such a resolution. 3. "Facility" shall include all works, buildings, structures, appli- ances and appurtenances necessary and convenient for the proper construction, equipment, maintenance and operation of such facility or facilities or any one or more of them. 4. "To lease" shall include to rent or to hire. 5. "Meeting" means any gathering, whether corporeal or by means of communication equipment, which is attended by, or open to, the board, held with the intent, on the part of the board members present, to discuss or act as a unit upon the specific public business of the authority. "Meeting" does not mean a gathering (a) attended by less than an effective majority of the board, or (b) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering. 6. "Personal property" shall include choses in action and all other property now commonly or legally defined as personal property or which may hereafter be so defined. 7. "Public business" means matters which relate in any way, directly or indirectly, to the performance of the functions of the port authority of New York and New Jersey or the conduct of its business. 8. "Railroads" shall include railways, extensions thereof, tunnels, subways, bridges, elevated structures, tracks, poles, wires, conduits, power houses, substations, lines for the transmission of power, car- barns, shops, yards, sidings, turn-outs, switches, stations and approaches thereto, cars and motive equipment. 9. "Real property" shall include land under water, as well as uplands, and all property either now commonly or legally defined as real property or which may hereafter be so defined. 10. "Rule or regulation", until and unless otherwise determined by the legislatures of both states, shall mean any rule or regulation not inconsistent with the constitution of the United States or of either state, and, subject to the exercise of the power of congress, for the improvement of the conduct of navigation and commerce within the district, and shall include charges, rates, rentals or tolls fixed or
established by the port authority; and until otherwise determined as aforesaid, shall not include matters relating to harbor or river pollution. Wherever action by the legislature of either state is herein referred to, it shall mean an act of the legislature duly adopted in accordance with the provisions of this chapter. 11. "Transportation facility" shall include railroads, steam or elec- tric, motor truck or other street or highway vehicles, tunnels, bridges, boats, ferries, car-floats, lighters, tugs, floating elevators, barges, scows or harbor craft of any kind, air craft suitable for harbor service, and every kind of transportation facility now in use or here- after designed for use for the transportation or carriage of persons or property. 12. "Terminal facility" shall include wharves, piers, slips, ferries, docks, dry docks, bulkheads, dock-walls, basins, car-floats, float- bridges, grain or other storage elevators, warehouses, cold storage, tracks, yards, sheds, switches, connections, overhead appliances, and every kind of terminal or storage facility now in use or hereafter designed for use for the handling, storage, loading or unloading of freight at steamship, railroad or freight terminals. S 105. Port authority of New York and New Jersey. There is hereby continued "the port authority of New York and New Jersey" ("port author- ity"), which shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated, and such other and additional powers as shall be conferred upon it by the legislature of either state concurred in by the legislature of the other, or by act or acts of congress, as hereinafter provided. S 106. Port of New York district. To that end the two states do agree that there shall be created and they do hereby create a district to be known as the "port of New York district" (hereinafter referred to as "the district") which shall embrace the territory bounded and described as follows: The district is included within the boundary lines located by connect- ing points of known latitude and longitude. The approximate courses and distances of the lines enclosing the district are recited in the description, but the district is determined by drawing lines through the points of known latitude and longitude. Beginning at a point A of lati- tude forty-one degrees and four minutes north and longitude seventy- three degrees and fifty-six minutes west, said point being about sixty- five-hundredths of a mile west of the westerly bank of the Hudson river and about two and one-tenth miles northwest of the pier at Piermont, in the county of Rockland, state of New York; thence due south one and fifteen-hundredths miles more or less to a point B of latitude forty-one degrees and three minutes north and longitude seventy-three degrees and fifty-six minutes west; said point being about one and three-tenths miles northwest of the pier at Piermont, in the county of Rockland, state of New York; thence south fifty-six degrees and thirty-four minutes west six and twenty-six-hundredths miles more or less to a point C of latitude forty-one degrees and no minutes north and longitude seventy-four degrees and two minutes west, said point being about seven-tenths of a mile north of the railroad station at Westwood, in the county of Bergen, state of New Jersey; thence south sixty-eight degrees and twenty-four minutes west nine and thirty-seven-hundredths miles more or less to a point D of latitude forty degrees and fifty-seven minutes north and longitude seventy-four degrees and twelve minutes west, said point being about three miles northwest of the business center of the city of Paterson, in the county of Passaic, state of New Jersey; thence
south forty-seven degrees and seventeen minutes west eleven and eighty- seven-hundredths miles more or less to a point E of latitude forty degrees and fifty minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about four and five-tenths miles west of the borough of Caldwell, in the county of Morris, state of New Jersey; thence due south nine and twenty-hundredths miles more or less to a point F of latitude forty degrees and forty-two minutes north and longitude seventy-four degrees and twenty-two minutes west, said point being about one and two-tenths miles southwest of the passenger station of the Delaware, Lackawanna and Western railroad in the city of Summit, in the county of Union, state of New Jersey; thence south forty-two degrees and twenty-four minutes west, seven and seventy-eight- hundredths miles more or less to a point G of latitude forty degrees and thirty-seven minutes north and longitude seventy-four degrees and twen- ty-eight minutes west, said point being about two and two-tenths miles west of the business center of the city of Plainfield, in the county of Somerset, state of New Jersey; thence due south twelve and sixty-five- hundredths miles more or less on a line passing about one mile west of the business center of the city of New Brunswick to a point H of lati- tude forty degrees and twenty-six minutes north and longitude seventy- four degrees and twenty-eight minutes west, said point being about four and five-tenths miles southwest of the city of New Brunswick, in the county of Middlesex, state of New Jersey; thence south seventy-seven degrees and forty-two minutes east ten and seventy-nine-hundredths miles more or less to a point I of latitude forty degrees and twenty-four minutes north and longitude seventy-four degrees and sixteen minutes west, said point being about two miles southwest of the borough of Mata- wan, in the county of Middlesex, state of New Jersey; thence due east twenty-five and forty-eight-hundredths miles more or less, crossing the county of Monmouth, state of New Jersey, and passing about one and four- tenths miles south of the pier of the Central Railroad of New Jersey at Atlantic Highlands to a point J of latitude forty degrees and twenty- four minutes north and longitude seventy-three degrees and forty-seven minutes west, said point being in the Atlantic ocean; thence north elev- en degrees fifty-eight minutes east twenty-one and sixteen-hundredths miles more or less to a point K, said point being about five miles east of the passenger station of the Long Island railroad at Jamaica and about one and three-tenths miles east of the boundary line of the city of New York, in the county of Nassau, state of New York; thence in a northeasterly direction passing about one-half mile west of New Hyde Park and about one and one-tenth miles east of the shore of Manhasset bay at Port Washington, crossing Long Island sound to a point L, said point being the point of intersection of the boundary line between the states of New York and Connecticut and the meridian of seventy-three degrees, thirty-nine minutes and thirty seconds west longitude, said point being also about a mile northeast of the village of Port Chester; thence northwesterly along the boundary line between the states of New York and Connecticut to a point M, said point being the point of inter- section between said boundary line between the states of New York and Connecticut and the parallel of forty-one degrees and four minutes north latitude, said point also being about four and five-tenths miles north- east of the business center of the city of White Plains; thence due west along said parallel, of forty-one degrees and four minutes north lati- tude, the line passing about two and one-half miles north of the busi- ness center of the city of White Plains and crossing the Hudson river to the point A, the place of beginning.
The boundaries of said district may be changed from time to time by the action of the legislature of either state concurred in by the legis- lature of the other. S 107. Commissioners. 1. The port authority shall consist of twelve commissioners, six resident voters from the state of New York, at least four of whom shall be resident voters of the city of New York, and six resident voters from the state of New Jersey, at least four of whom shall be resident voters within the New Jersey portion of the district, the New York members to be chosen by the state of New York and the New Jersey members by the state of New Jersey in the manner and for the terms fixed and determined from time to time by the legislature of each state respectively, except as herein provided. Each commissioner may be removed or suspended from office as provided by the law of the state from which he or she shall be appointed. 2. The commissioners shall, for the purpose of doing business, consti- tute a board and may adopt suitable by-laws for its management. 3. The port authority shall elect a chair, vice-chair, and may appoint such officers and employees as it may require for the performance of its duties, and shall fix and determine their qualifications and duties. 4. If by death, resignation or otherwise, a vacancy occurs among those appointed hereunder by the state of New York, the governor is hereby authorized to fill the same. 5. The commissioners appointed from the state of New York, together with the commissioners appointed from the state of New Jersey, shall have power to apply to the congress of the United States for its consent and approval of the agreement or compact signed by them; but in the absence of such consent of congress and until the same shall have been secured, the said agreement or compact shall be binding upon the state of New York in all respects permitted by law for the two states of New York and New Jersey without the consent of congress to co-operate, for the purposes enumerated in said agreement or compact, and in the manner provided herein. S 108. Power of the port authority. 1. The port authority shall constitute a body, both corporate and politic, with full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility within said district; and to make charges for the use thereof: and for any of such purposes to own, hold, lease and/or operate real or personal property, to borrow money and secure the same by bonds or by mortgages upon any property held or to be held by it. No property now or hereafter vested in or held by either state, or by any county, city, borough, village, township or other municipality, shall be taken by the port authority, without the authority or consent of such state, county, city, borough, village, township or other municipality, nor shall anything herein impair or invalidate in any way any bonded indebtedness of such state, county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenues derived from municipal property, or dedicating the revenues derived from any municipal property to a specific purpose. 2. The powers granted in this article shall not be exercised by the port authority until the legislatures of both states shall have approved of a comprehensive plan for the development of the port as hereinafter provided. 3. The port authority shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either state concurred in by the legis-
lature of the other. Unless and until otherwise provided, it shall make an annual report to the legislature of both states, setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder. The port authority shall not pledge the credit of either state except by and with the authority of the legislature thereof. S 109. Public meetings. 1. The legislature finds and declares that the right of the public to be present at meetings of the port authority of New York and New Jersey, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of the author- ity, is vital to the enhancement and proper functioning of the democrat- ic process, and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society; and declares it to be the public poli- cy of this state to insure the right of its citizens to have adequate advance notice of and the right to attend all meetings of the authority at which any business affecting the public is discussed or acted upon in any way except only in those circumstances where otherwise the public interest would be clearly endangered or the personal privacy of guaran- teed rights of individuals would be clearly in danger of unwarranted invasion. 2. The board shall adopt and promulgate appropriate rules and regu- lations concerning the right of the public to be present at meetings of the authority. The board may incorporate in its rules and regulations conditions under which it may exclude the public from a meeting or a portion thereof. 3. Any rules or regulations adopted hereunder shall become a part of the minutes of the port authority of New York and New Jersey and shall be subject to the approval of the governor of New Jersey and the gover- nor of New York. 4. Unless and until otherwise determined by the action of the legisla- tures of the two states, no action of the port authority shall be bind- ing unless taken at a meeting at which at least three of the members from each state are present, and unless a majority of the members from each state present at such meeting but in any event at least three of the members from each state, shall vote in favor thereof. Each state reserves the right to provide by law for the exercise of a veto power by the governor thereof over any action of any commissioner appointed ther- efrom. S 110. Minutes of public meetings. 1. The port authority shall file with the temporary president and minority leader of the senate and the speaker and minority leader of the assembly, the chairman of the assem- bly ways and means committee and the chairman of the senate finance committee of the state of New York and the president, minority leader and secretary of the senate and the speaker, minority leader and clerk of the general assembly of the state of New Jersey a copy of the minutes of any action taken at any public meeting of the port authority. Such filing shall be made on the same day such minutes are transmitted to the governor of each state for review; and notice of such filing shall be provided to the governor of each state at the same time. Failure to effectuate any such filing shall not impair the ability of the authority to act pursuant to a resolution of its board. Such filing shall not apply to any minutes required to be filed pursuant to section twenty of chapter six hundred fifty-one of the laws of nineteen hundred seventy- eight.
2. The temporary president and minority leader of the senate, the speaker and minority leader of the assembly, the chairman of the assem- bly ways and means committee and the chairman of the senate finance committee of the state of New York and the speaker and minority leader of the general assembly and the president and the minority leader of the senate of the state of New Jersey, or representatives designated by them in writing for this purpose, may by certificate filed with the secretary of the port authority waive the foregoing filing requirement with respect to any specific minutes. S 111. Jurisdiction. Unless and until otherwise provided, all laws now or hereafter vesting jurisdiction or control in the public service commission, or the public utilities commission, or like body, within each state respectively, shall apply to railroads and to any transporta- tion, terminal or other facility owned, operated, leased or constructed by the port authority, with the same force and effect as if such rail- road, or transportation, terminal or other facility were owned, leased, operated or constructed by a private corporation. S 112. Powers of municipalities to develop or improve. Nothing contained in this agreement shall impair the powers of any municipality to develop or improve port and terminal facilities. S 113. Comprehensive development. 1. The legislatures of the two states, prior to the signing of this agreement, or thereafter as soon as may be practicable, will adopt a plan or plans for the comprehensive development of the port of New York. 2. The port authority shall from time to time make plans for the development of the port of New York district, supplementary to or amen- datory of any plan theretofore adopted, and when such plans are duly approved by the legislatures of the two states, they shall be binding upon both states with the same force and effect as if incorporated in this act. 3. The port authority may petition any interstate commerce commission (or like body), commissioner of transportation, public utilities commis- sion (or like body), or any other federal, municipal, state or local authority, administrative, judicial or legislative, having jurisdiction in the premises, after the adoption of the comprehensive plan as provided for in subdivision one of this section, for the adoption and execution of any physical improvement, change in method, rate of trans- portation, system of handling freight, warehousing, docking, lightering or transfer of freight, which, in the opinion of the port authority, may be designed to improve or better the handling of commerce in and through the port of New York district, or improve terminal and transportation facilities therein. It may intervene in any proceeding affecting the commerce of the port. S 114. Recommendations. The port authority may from time to time make recommendations to the legislatures of the two states or to the congress of the United States, based upon study and analysis, for the better conduct of the commerce passing in and through the port of New York, the increase and improvement of transportation and terminal facilities ther- ein, and the more economical and expeditious handling of such commerce. S 115. Expense of operations. 1. Unless and until the revenues from operations conducted by the port authority are adequate to meet all expenditures, the legislatures of the two states shall appropriate, in equal amounts, annually, for the salaries, office and other administra- tive expenses, such sum or sums as shall be recommended by the port authority and approved by the governors of the two states, but each
state obligates itself hereunder only to the extent of one hundred thou- sand dollars in any one year. 2. Unless and until otherwise determined by the action of the legisla- tures of the two states, the port authority shall not incur any obli- gations for salaries, office or other administrative expenses, within the provisions of subdivision one of this section, prior to the making of appropriations adequate to meet the same. S 116. Notice of claim. Notwithstanding any other provision of law to the contrary, every action against the authority for damages or injuries to real or personal property, or for the destruction thereof, or for personal injuries or wrongful death shall not be commenced unless a notice of claim shall have been served on the authority in the manner provided for in the state where the action is commenced, and in compli- ance with the pertinent statutes of the state relating generally to actions commenced against that state and in compliance with all the requirements of the laws of that state. Where such state's law permits service upon a department of that state in lieu of service upon the public entity, service may be made pursuant to such law. Except in an action for wrongful death against such an entity, an action for damages or for injuries to real or personal property, or for the destruction thereof, or for personal injuries, alleged to have been sustained, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued or within the time period otherwise prescribed by any special provision of law of that state, whichever is longer. S 117. Regulations. 1. The port authority is hereby authorized to make suitable rules and regulations not inconsistent with the constitu- tion of the United States or of either state, and subject to the exer- cise of the power of congress, for the improvement of the conduct of navigation and commerce, which, when concurred in or authorized by the legislatures of both states, shall be binding and effective upon all persons and corporations affected thereby. 2. The two states shall provide penalties for violations of any order, rule or regulation of the port authority, and for the manner of enforc- ing the same. ARTICLE II DEVELOPMENT OF THE PORT OF NEW YORK Section 201. Development of the port of New York. 202. Investigations. 203. Hearings. 204. Orders. 205. Terminal stations. 206. Preference. S 201. Development of the port of New York. 1. Pursuant to subdivi- sion two of section one hundred eight of this chapter the following be and is hereby adopted as the comprehensive plan for the development of the port of New York: (a) That terminal operations within the port district, so far as economically practicable, should be unified; (b) That there should be consolidation of shipments at proper classi- fication points so as to eliminate duplication of effort, inefficient loading of equipment and realize reduction in expenses; (c) That there should be the most direct routing of all commodities so as to avoid centers of congestion, conflicting currents and long truck- hauls;
(d) That terminal stations established under the comprehensive plan should be union stations, so far as practicable; (e) That the process of coordinating facilities should so far as prac- ticable adapt existing facilities as integral parts of the new system, so as to avoid needless destruction of existing capital investment and reduce so far as may be possible the requirements for new capital; and endeavor should be made to obtain the consent of local municipalities within the port district for the coordination of their present and contemplated port and terminal facilities with the whole plan. (f) That freight from all railroads must be brought to all parts of the port wherever practicable without cars breaking bulk, and this necessitates tunnel connection between New Jersey and Long Island, and tunnel or bridge connections between other parts of the port; (g) That there should be urged upon the federal authorities improve- ment of channels so as to give access for that type of waterborne commerce adapted to the various forms of development which the respec- tive shorefronts and adjacent lands of the port would best lend them- selves to; (h) That highways for motor truck traffic should be laid out so as to permit the most efficient inter-relation between terminals, piers and industrial establishments not equipped with railroad sidings and for the distribution of building materials and many other commodities which must be handled by trucks; these highways to connect with existing or projected bridges, tunnels and ferries. (i) That definite methods for prompt relief should be devised which can be applied for the better coordination and operation of existing facilities while larger and more comprehensive plans for future develop- ment are being carried out. 2. The bridges, tunnels and belt lines forming the comprehensive plan are generally and in outline indicated on maps filed by the port of New York authority in the offices of the secretaries of the states of New York and New Jersey and are hereinafter described in outline. 3. (a) A tunnel or tunnels connecting the New Jersey shore and the Brooklyn shore of New York to provide through line connection between the transcontinental railroads now having their terminals in New Jersey with the Long Island railroad and the New York connecting railroad on Long Island and with the New York Central and Hudson River railroad and the New York, New Haven and Hartford railroad in the Bronx, and to provide continuous transportation of freight between the Queens, Brook- lyn and Bronx sections of the port to and from all parts of the westerly section of the port, for all of the transcontinental railroads. (b) A bridge and/or tunnel across or under the Arthur kill, and/or the existing bridge enlarged, to provide direct freight carriage between New Jersey and Staten Island. (c) The location of all such tunnels or bridges to be at the shortest, most accessible and most economical points practicable, taking account of existing facilities now located within the port district and provid- ing for and taking account of all reasonably foreseeable future growth in all parts of the district. 4. The island of Manhattan to be connected with New Jersey by bridge or tunnel, or both, and freight destined to and from Manhattan to be carried underground, so far as practicable, by such system, automatic electric as hereinafter described or otherwise, as will furnish the most expeditious, economical and practicable transportation of freight, espe- cially meat, produce, milk and other commodities comprising the daily needs of the people. Suitable markets, union inland terminal stations
and warehouses to be laid out at points most convenient to the homes and industries upon the island, the said system to be connected with all the trans-continental railroads terminating in New Jersey and by appropriate connection with the New York Central and Hudson River railroad, the New York, New Haven and Hartford and the Long Island railroads. 5. The numbers hereinafter used correspond with the numbers which have been placed on the map of the comprehensive plan to identify the various belt lines and marginal railroads. (a) Number 1. Middle belt line. Connects New Jersey and Staten Island and the railroads on the westerly side of the port with Brooklyn, Queens, the Bronx and the railroads on the easterly side of the port. Connects with the New York Central railroad in the Bronx; with the New York, New Haven and Hartford railroad in the Bronx; with the Long Island railroad in Queens and Brooklyn; with the Baltimore and Ohio railroad near Elizabethport and in Staten Island; with the Central Railroad Company of New Jersey at Elizabethport and at points in Newark and Jersey City; with the Pennsylvania railroad in Newark and Jersey City; with the Lehigh Valley railroad in Newark and Jersey City; with the Delaware, Lackawanna and Western railroad in Jersey City and the Secau- cus meadows; with the Erie railroad in Jersey City and the Secaucus meadows; with the New York, Susquehanna and Western, the New York, Ontario and Western and the West Shore railroads on the westerly side of the Palisades above the Weehawken tunnel. The route of the middle belt line as shown on said map is in general as follows: Commencing at the Hudson river at Spuyten Duyvil running easterly and southerly generally along the easterly side of the Harlem river, utilizing existing lines so far as practicable and improving and adding where necessary, to a connection with Hell Gate bridge and the New Haven railroad, a distance of approximately seven miles; thence continuing in a general southerly direction, utilizing existing lines and improving and adding where necessary, to a point near Bay Ridge, a distance of approximately eighteen and one-half miles; thence by a new tunnel under New York bay in a northwesterly direction to a portal in Jersey City or Bayonne, a distance of approximately five miles, to a connection with the tracks of the Pennsylvania and Lehigh Valley rail- roads; thence in a generally northerly direction along the easterly side of Newark bay and the Hackensack river at the westerly foot of the Pali- sades, utilizing existing tracks and improving and adding where neces- sary, making connections with the Jersey Central, Pennsylvania, Lehigh Valley, Delaware, Lackawanna and Western, Erie, New York, Susquehanna and Western, New York, Ontario and Western, and West Shore railroads, a distance of approximately ten miles. From the westerly portal of the Bay tunnel and from the line along the easterly side of Newark bay by the bridges of the Central railroad of New Jersey (crossing the Hackensack and Passaic rivers) and of the Pennsylvania and Lehigh Valley railroads (crossing Newark bay) to the line of the central railroad of New Jersey running along the westerly side of Newark bay and thence southerly along this line to a connection with the Baltimore and Ohio railroad south of Elizabethport, utilizing existing lines so far as practicable and improving and adding where necessary, a distance of approximately twelve miles; thence in an easterly direction crossing the Arthur kill, utiliz- ing existing lines so far as practicable and improving and adding where necessary, along the northerly and easterly shores of Staten Island to the new city piers and to a connection, if the city of New York consent thereto, with the tunnel under the Narrows to Brooklyn provided for
under chapter seven hundred of the laws of the state of New York for nineteen hundred and twenty-one. (b) Number 2. A marginal railroad to the Bronx extending along the shore of the East river and Westchester creek connecting with the middle belt line (number one), and with the New York, New Haven and Hartford railroad in the vicinity of Westchester. (c) Number 3. A marginal railroad in Queens and Brooklyn extending along Flushing creek, Flushing bay, the East river and the upper New York bay. Connects with the middle belt line (number one), by lines number four, number five, number six and directly at the southerly end at Bay Ridge. Existing lines to be utilized and improved and added to and new lines built where lines do not now exist. (d) Number 4. An existing line to be improved and added to where necessary. Connects the middle belt line (number one), with the marginal railroad number three near its northeasterly end. (e) Number 5. An existing line to be improved and added to where necessary. Connects the middle belt line (number one), with the marginal railroad number three in Long Island City. (f) Number 6. Connects the middle belt line (number one), with the marginal railroad number three in the Greenpoint section of Brooklyn. The existing portion to be improved and added to where necessary. (g) Number 7. A marginal railroad surrounding the northerly and westerly shores of Jamaica bay. A new line. Connects with the middle belt line (number one). (h) Number 8. An existing line, to be improved and added to where necessary. Extends along the southeasterly shore of Staten Island. Connects with middle belt line (number one). (i) Number 9. A marginal railroad extending along the westerly shore of Staten Island and a branch connection with number eight. Connects with the middle belt line (number one), and with a branch from the outer belt line (number fifteen). (j) Number 10. A line made up mainly of existing lines, to be improved and added to where necessary. Connects with the middle belt line (number one) by way of marginal railroad number eleven. Extends along the south- erly shore of Raritan bay and through the territory south of the Raritan river reaching New Brunswick. (k) Number 11. A marginal railroad extending from a connection with the proposed outer belt line (number fifteen) near New Brunswick along the northerly shore of the Raritan river to Perth Amboy, thence norther- ly along the westerly side of the Arthur kill to a connection with the middle belt line (number one) south of Elizabethport. The portion of this line which exists to be improved and added to where necessary. (l) Number 12. A marginal railroad extending along the easterly shore of Newark bay and the Hackensack river and connects with the middle belt line (number one). A new line. (m) Number 13. A marginal railroad extending along the westerly side of the Hudson river and the Upper New York bay. Made up mainly of exist- ing lines----the Erie Terminals, Jersey Junction, Hoboken Shore, and National Docks railroads. To be improved and added to where necessary. To be connected with middle belt line (number one). (n) Number 14. A marginal railroad connecting with the middle belt line (number one), and extending through the Hackensack and Secaucus meadows. (o) Number 15. An outer belt line, extending around the westerly limits of the port district beyond the congested section. Northerly terminus on the Hudson river at Piermont. Connects by marginal railroads
at the southerly end with the harbor waters below the congested section. By spurs connects with the middle belt line (number one) on the westerly shore of Newark bay and with the marginal railroad on the westerly shore of Staten Island (number nine). (p) Number 16. The automatic electric system for serving Manhattan Island. Its yards to connect with the middle belt line and with all the railroads of the port district. A standard gauge underground railroad deep enough in Manhattan to permit of two levels of rapid transit subways to pass over it. Standard railroad cars to be brought through to Manhattan terminals for perishables and food products in refrigerator cars. Cars with merchandise freight to be stopped at its yards. Freight from standard cars to be transferred onto wheeled containers, thence to special electrically propelled cars which will bear it to Manhattan. Freight to be kept on wheels between the door of the standard freight car at the transfer point and the tail board of the truck at the Manhat- tan terminal or the store door as may be elected by the shipper or consignee, eliminating extra handling. Union terminal stations to be located on Manhattan in zones as far as practicable of equal trucking distance, as to pickups and deliveries, to be served by this system. Terminals to contain storage space and space for other facilities. The system to bring all the railroads of the port to Manhattan. 6. The determination of the exact location, system and character of each of the said tunnels, bridges, belt lines, approaches, classifica- tion yards, warehouses, terminals or other improvements shall be made by the port authority after public hearings and further study, but in general the location thereof shall be as indicated upon said map, and as herein described. 7. The right to add to, modify or change any part of the foregoing comprehensive plan is reserved by each state, with the concurrence of the other. 8. The port of New York authority is hereby authorized and directed to proceed with the development of the port of New York in accordance with said comprehensive plan as rapidly as may be economically practicable and is hereby vested with all necessary and appropriate powers not inconsistent with the constitution of the United States or of either state, to effectuate the same, except the power to levy taxes or assess- ments. It shall request the congress of the United States to make such appropriations for deepening and widening channels and to make such grants of power as will enable the said plan to be effectuated. It shall have power to apply to all federal agencies, including the interstate commerce commission, the war department, and the United States shipping board, for suitable assistance in carrying out said plan. It shall coop- erate with the state highway commissioners of each state so that trunk line highways as and when laid out by each state shall fit in with said comprehensive plan. It shall render such advice, suggestion and assist- ance to all municipal officials as will permit all local and municipal port and harbor improvements, so far as practicable, to fit in with said plan. All municipalities within the district are hereby authorized and empowered to cooperate in the effectuation of said plan, and are hereby vested with such powers as may be appropriate or necessary so to cooper- ate. The bonds or other securities issued by the port authority shall at all times be free from taxation by either state. The port authority shall be regarded as the municipal corporate instrumentality of the two states for the purpose of developing the port and effectuating the pledge of the states in the said compact, but it shall have no power to
pledge the credit of either state or to impose any obligation upon either state, or upon any municipality, except as and when such power is expressly granted by statute, or the consent by any such municipality is given. S 202. Investigations. 1. (a) To facilitate the determination of the economic practicability of any step in the comprehensive plan, or of any other fact or matter which the port authority is authorized and empowered to decide or determine, the port authority may conduct inves- tigations, inquiries or hearings at such place or places and at such times as it shall appoint. Such investigations, inquiries or hearings may be held by or before one or more of the commissioners of the port authority, or by or before any person or persons appointed as its repre- sentative, and when ratified, approved or confirmed by the port authori- ty on its action shall be and be deemed to be the investigation, inquiry or hearing of the port authority. (b) For the purpose of such investigations, inquiries or hearings, and of such other action or powers as the port authority may be authorized or empowered to take or exercise, it shall have jurisdiction of any and all persons, associations, or corporations, residing in, or acting or existing under or by virtue of the laws of, or owning property or coming within this state. 2. The port authority shall have the power to compel the attendance of witnesses and the production of any papers, books or other documents, and to administer oaths to all witnesses who may be called before it. Subpoenas issued by the port authority shall be signed by a commissioner or by the secretary of the port authority. No witness subpoenaed at the instance of parties other than the port authority shall be entitled to compensation therefrom for attendance or travel, but the cost thereof shall be borne by the party at whose instance the witness is summoned, unless the port authority otherwise orders. A subpoena issued under this section shall be regulated by the civil practice law and rules. S 203. Hearings. 1. All hearings before the port authority, including the taking of testimony, shall be governed by rules to be adopted and prescribed by it. 2. In any investigation, inquiry or hearing before the port authority, a commissioner or an officer conducting the investigation, inquiry or hearing may confer immunity in accordance with the provisions of section 50.20 of the criminal procedure law. 3. No commissioner or employee of the port authority shall be required to give testimony in any civil suit to which the port authority is not a party with regard to information obtained by him in the discharge of his or her official duty. S 204. Orders. 1. Every order of the port authority shall be served upon every person, association or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby; or in the case of a corporation to any officer or agent thereof upon whom a summons might be served, either within or without the state, in accordance with law. It shall be the duty of every person, association or corporation, to notify the port authority forthwith, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notifica- tion must be signed and acknowledged by a person or officer duly author- ized by the corporation to admit such service. Within a time specified in the order of the port authority, such person, association or corpo- ration, upon whom it is served, must, if so required in the order, noti-
fy the port authority in like manner whether the terms of the order are accepted and will be obeyed. Every order of the port authority shall take effect at a time therein specified and shall continue in force either for a period which may be designated therein, or until changed or abrogated by the port authority, unless such order be unauthorized by law, or be in violation of a provision of the constitution of the state, or of the United States. 2. No order staying or suspending an order of the port authority shall be made by any court otherwise than upon notice and after hearing, and if the order of the port authority is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto that great and irrepar- able damage would otherwise result to the petitioner and specifying the nature of the damage. 3. (a) Whenever the port authority shall be of the opinion that any person, association or corporation subject to its jurisdiction is fail- ing or omitting, or about to fail or omit to do anything required of it by the laws governing the development and regulation of the port of New York, or by its order, or is doing or is about to do anything, or permitting, or about to permit anything to be done contrary to, or in violation of, such law or orders, it shall direct its legal represen- tative to commence an action or proceeding in the name of the port authority, in an appropriate court having jurisdiction, for the purpose of having such violations, or threatened violations, stopped and prevented either by mandamus or injunction. Such an action or proceeding may be brought in the supreme court of this state, and the said court shall have and is hereby given the necessary and appropriate jurisdic- tion to grant mandamus or injunction, as the case may require, or any other relief appropriate to the case. (b) Failure of such person, association or corporation to notify the port authority, as required in the preceding section, of its acceptance of and willingness to obey any order of the port authority shall be and be deemed to be prima facie proof that such person, association or corporation is guilty of such violation, or threatened violation. The legal representative of the port authority shall begin such action or proceeding by a petition to the appropriate court, alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction. If the petition is directed to a court of this state, it shall thereupon be the duty of the court to specify the time, not exceeding twenty days after the service of a copy of the petition, within which the person, association or corporation complained of must answer the petition. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances, in such manner as the court shall direct, without other or formal pleadings and without respect to any technical requirement. Such other persons, associations or corporations as the court shall deem necessary or proper to join as parties, in order to make its order, judgment or writs effec- tive, may be joined as parties upon application of the legal represen- tative of the port authority. The final judgment in any such action or proceeding shall either dismiss the action or proceeding, or direct that a writ of mandamus, or an injunction, or both, issue as prayed for in the petition, or in such modified or other form as the court may deter- mine will afford the appropriate relief. 4. (a) Whenever the port authority, after opportunity to the parties affected or to be affected thereby to be heard, shall determine any fact or matter which it is authorized by any law to hear or determine, or
that any step in the effectuation of the comprehensive plan is or in the near future will be economically practicable, it shall make its findings in writing, setting forth its reasons therefor, and such findings shall be and be deemed to be a determination by the port authority, under and pursuant to law. Upon such determination an appropriate order may be entered by the port authority and be made effective and may be enforced as herein provided. (b) If such findings or determination shall require the use of exist- ing facilities or any part thereof described in the law, owned or oper- ated by any carrier or carriers, then the port authority may order and require the carrier or carriers owning or operating said railroad facil- ities or part thereof to permit the use of such facilities or part ther- eof upon the payment of reasonable compensation therefor. If the carrier or carriers affected or to be affected by such order shall not be able, within the time to be specified in its order by the port authority, to agree among themselves upon the compensation to be paid by a user to a proprietor or operator for the use of such existing facilities or part thereof, then the port authority shall make determination of the amount to be paid by the user to the proprietary carrier or carriers, taking all the facts and circumstances into account, including the public use to which such facilities have been put; or, at its option, the port authority may apply to the supreme court of this state, either in a separate proceeding or in proceedings by mandamus or injunction to enforce its order, to fix and determine the fair and reasonable compen- sation to be paid by the user to the proprietary carrier or carriers for such use. If any carrier shall be dissatisfied with the findings of the port authority in the matter of the compensation to be paid for the use of any existing facility, it shall have the right to review the same in the supreme court of this state by taking appropriate proceedings for such review within sixty days from the service of the order of the port authority, but pending such review the order for the use of such facili- ties shall be operative, the determination of the compensation by the court to relate back to the time of the commencement of such user, unless the court shall for good and proper reasons enjoin the operation of such order. S 205. Terminal stations. If, in the determination of steps to effec- tuate the comprehensive plan, the port authority shall determine that one or more union terminal stations are then, or in the near future, economically practicable, it shall call a conference of all the carriers affected or to be affected by the use of such terminal stations or station and shall submit to them a plan or plans for the construction, maintenance and use thereof. If the carriers or any of them shall fail or refuse to agree upon such plan, the port authority shall make and certify its findings and conclusions to the supreme court of this state, and the said court is vested with appropriate and adequate jurisdiction to determine whether or not such plan or plans for a union station or stations effectuate the comprehensive plan, and to make such conditions and impose such terms as will carry out the same in accordance with the principles embraced in the comprehensive plan and the laws governing the same. S 206. Preference. All actions and proceedings to which the port authority may be a party and in which any question arises under the laws relating to the port authority, or under or concerning any of its orders or actions, shall be preferred over all other civil causes, except election causes, in all courts of this state and shall be heard and determined in preference to all other civil business pending therein,
except election causes, irrespective of position on the calendar. The same preference shall be granted upon application of the legal represen- tative of the port authority, in any action or proceeding in which he or she may be allowed to intervene. ARTICLE III BRIDGES AND TUNNELS IN NEW YORK AND NEW JERSEY Section 301. Legislative intent. 302. Tunnels. 303. Bridges. 304. Studies and reporting. 305. Inspections. 306. Construction, maintenance and operation. 307. Rules and regulations relating to tunnels and bridges. 308. Bonds. 309. Compact. S 301. Legislative intent. The state of New Jersey by appropriate legislation concurring herein, the states of New York and New Jersey hereby declare and agree that the vehicular traffic moving across the interstate waters within the port of New York district, created by the compact of April thirty, nineteen hundred twenty-one, between the said states, which said phrase "interstate waters" as used in this article shall include the portion of the Hudson river within the said port of New York district north of the New Jersey state line, constitutes a general movement of traffic which follows the most accessible and prac- ticable routes, and that the users of each bridge or tunnel over or under the said waters benefit by the existence of every other bridge or tunnel since all such bridges and tunnels as a group facilitate the movement of such traffic and relieve congestion at each of the several bridges and tunnels. Accordingly the two said states, in the interest of the users of such bridges and tunnels and the general public, hereby agree that the construction, maintenance, operation and control of all such bridges and tunnels, heretofore or hereafter authorized by the two said states, shall be unified under the port authority, to the end that the tolls and other revenues therefrom shall be applied so far as prac- ticable to the costs of the construction, maintenance and operation of said bridges and tunnels as a group and economies in operation effected, it being the policy of the two said states that such bridges and tunnels shall as a group be in all respects self-sustaining. S 302. Tunnels. 1. In furtherance of the policy stated in section 201 of this article, and in partial effectuation of the comprehensive plan adopted by the two said states for the development of the said port of New York district pursuant to this chapter, the control, operation, tolls and other revenues of the vehicular tunnel, known as the Holland tunnel, under the Hudson river between the city of Jersey City and the city of New York, shall be vested in the port authority as hereinafter provided; and the port authority is hereby authorized and empowered to construct, own, maintain and operate an interstate vehicular crossing under the Hudson river to consist of three tubes (hereinafter called the Midtown Hudson tunnel), together with such approaches thereto and connections with highways as the port authority may deem necessary or desirable. 2. The entrances, exits and approaches to the said Midtown Hudson tunnel, on the New York side, shall be between West Thirty-fifth street and West Forty-first street and in the vicinity of Ninth avenue and to the west thereof, in the borough of Manhattan, city of New York. The approaches to the said Midtown Hudson tunnel on the New Jersey side
shall be so located and constructed as to permit tunnel traffic to pass over or under the tracks of the New York, Susquehanna and Western Rail- road Company and the Northern Railroad Company of New Jersey, immediate- ly west of the Palisades, without crossing the said tracks at grade, and as to permit connections with New Jersey state highway routes in the vicinity of the said tracks. The said Midtown Hudson tunnel shall have an appropriate entrance and exit in the township of Weehawken, county of Hudson, state of New Jersey. 3. The control, operation, tolls and other revenues of the said Holland tunnel and its entrance and exit plazas and of all real and personal property appurtenant thereto or used in connection therewith, shall vest in the port authority upon the making of the following payments by the port authority to each of the said two states: (a) An amount equal to the moneys contributed by such state toward the cost of construction of the said Holland tunnel, with interest thereon at the rate of four and one-quarter per centum per annum from the date or dates on which such moneys were contributed by such state to the date of the payment to such state; (b) Less, however, the share of such state in the net revenues of the said tunnel to the date of the said payment, and less interest on such net revenues at the rate of four and one-quarter per centum per annum from the dates on which the said net revenues were received by such state to the date of the said payment; (c) And in the case of the payment to the state of New York, less an amount equal to the moneys which the said state has agreed to advance to the port authority (but which have not as yet been advanced to the port authority) in aid of bridge construction, during the fiscal years commencing in nineteen hundred thirty-one and nineteen hundred thirty- two, pursuant to chapter seven hundred and sixty-one of the laws of New York of nineteen hundred twenty-six and chapter three hundred of the laws of New York of nineteen hundred twenty-seven and acts amendatory thereof and supplemental thereto, discounted, however, in the case of each advance at the rate of four and one-quarter per centum per annum, from the date of the said payment to the state of New York to the date upon which such advance is to be available pursuant to the aforesaid statutes. In computing interest as aforesaid upon the moneys contributed by each of the said two states toward the cost of construction of the said Holland tunnel, such moneys shall be deemed to have been contributed by such state upon the first day of the month following the month during which there were presented to the comptroller of such state for audit and payment, the schedules and vouchers pursuant to which such moneys were paid. In computing interest as aforesaid upon the net revenues received by each of the said two states, such net revenues shall be deemed to have been received by such state upon the date when such revenues were credited to such state or to the commission of such state pursuant to paragraph eleven of article fourteen of the compact of December thirty, nineteen hundred nineteen, between the two said states. 4. If the amount paid by the port authority to the state of New Jersey pursuant to subdivision three of this section shall be less than an amount which, together with the moneys then in the sinking fund estab- lished by chapter three hundred and fifty-two of the laws of New Jersey of nineteen hundred twenty and chapter two hundred and sixty-two of the laws of New Jersey of nineteen hundred twenty-four, hereinafter called the New Jersey Camden bridge-Holland tunnel sinking fund (other than moneys set apart to pay interest for the then current year upon the
bonds of the state of New Jersey authorized by the aforesaid acts of the state of New Jersey, hereinafter called New Jersey Camden bridge-Holland tunnel bonds), will be equal to the principal amount of the then outstanding New Jersey Camden bridge-Holland tunnel bonds, then and in such event, the port authority shall in addition pay to the state of New Jersey an amount which, together with the amount paid under and pursuant to the preceding section hereof and the moneys then in said New Jersey Camden bridge-Holland tunnel sinking fund, will be equal to the princi- pal amount of the then outstanding New Jersey Camden bridge-Holland tunnel bonds; and shall, moreover, pay to the state of New York a like amount. 5. The amount payable by the port authority to the state of New York pursuant to subdivisions three and four of this section shall be paid by the port authority into the treasury of the state of New York upon the thirtieth day of June, nineteen hundred thirty-one, or at an earlier date at the option of the port authority on five days' notice to the comptroller of the state of New York, upon a voucher signed and audited by the said comptroller, who is hereby authorized to consummate the said transaction. 6. The amount payable by the port authority to the state of New Jersey pursuant to subdivisions three and four of this section shall be paid by the port authority to the sinking fund commission created by said chap- ter three hundred and fifty-two of the laws of New Jersey of nineteen hundred twenty and said chapter two hundred and sixty-two of the laws of New Jersey of nineteen hundred twenty-four, hereinafter called the New Jersey Camden bridge-Holland tunnel sinking fund commission upon the thirtieth day of June, nineteen hundred thirty-one, or such other date as may be agreed upon by the said sinking fund commission and the port authority, upon a voucher signed and audited by the said sinking fund commission, which said commission is hereby authorized to consummate said transaction; and the said moneys shall be deposited in the said New Jersey Camden bridge-Holland tunnel sinking fund, and shall for all purposes be deemed to be a part thereof and subject to the appropriation of the moneys in the said sinking fund, made by the aforesaid statutes of the state of New Jersey. 7. The income and interest received from or accruing upon the moneys in the aforesaid New Jersey Camden bridge-Holland tunnel sinking fund, and from the investment thereof, shall be set apart and held by the said New Jersey Camden bridge-Holland tunnel sinking fund commission for the payment of interest on New Jersey Camden bridge-Holland tunnel bonds, and shall be subject to the appropriation made of moneys so set apart and held, by the aforesaid statutes of the state of New Jersey, and shall be applied to the payment of such interest. 8. Upon the making of the foregoing payments by the port authority to the two said states, the provisions of the compact of December thirty, nineteen hundred nineteen, between the said two states, relating to the construction and operation of the said Holland tunnel, as amended, so far as inconsistent herewith or with the rules, practice and procedure or general authority of the port authority, shall be and shall be deemed to be abrogated; and chapter four hundred and twenty-one of the laws of New York of nineteen hundred thirty, and chapter two hundred and forty- seven of the laws of New Jersey of nineteen hundred thirty, making the port authority the agent of the two states in connection with the opera- tion of the said Holland tunnel shall cease to be effective. S 303. Bridges. 1. Except as may be agreed upon between the port authority and the municipality in which they shall be located, the
approaches to the George Washington bridge hereafter constructed on the New York side shall be located as follows: between Amsterdam avenue and Pinehurst avenue, the approaches shall be located between West One hundred seventy-eighth street and West One hundred seventy-ninth street; between Pinehurst avenue and Cabrini boulevard, the approaches shall be between West One hundred seventy-eighth street and West One hundred eightieth street; between Cabrini boulevard and Haven avenue, the approaches shall be between West One hundred seventy-seventh street and the line parallel to the northerly side of West One hundred eightieth street and one hundred twenty-five feet north of the building line on the north side thereof; between Haven avenue and Service street north of the George Washington bridge, the approaches shall be between the bridge and an extension of the building line on the northerly side of West One hundred eightieth street. Except as so limited, the port authority may effectuate such approaches, connections, highway extensions or highway improvements as it shall deem necessary or desirable in relation to the George Washington bridge, located in or extending across the counties in which such bridge is located, and, in its discretion, may do so by agreement with any other public agency; such agreement may provide for the construction, ownership, maintenance or operation of such approaches, connections or highway extensions or highway improvements by such other public agency. 2. The port authority is hereby authorized and empowered, in its discretion, to construct, own, maintain and operate in Washington Heights in the borough of Manhattan, New York city, as an addition and improvement to the vehicular bridge over the Hudson river at Fort Lee, known as and hereinafter in this section referred to as the George Wash- ington bridge, a bus passenger facility, by which is meant a facility consisting of one or more buildings, structures, improvements, loading or unloading areas, parking areas or other facilities necessary, conven- ient or desirable in the opinion of the port authority for the accommo- dation of omnibuses and other motor vehicles operated by carriers engaged in the transportation of passengers, or for the loading, unload- ing, interchange or transfer of such passengers or their baggage, or otherwise for the accommodation, use or convenience of such passengers or such carriers or their employees and for purposes incidental thereto. 3. Nothing herein contained shall be deemed to prevent the port authority from establishing, levying and collecting tolls and other charges in connection with such bus passenger facility in addition to and other than the tolls or charges established, levied and collected in connection with the George Washington bridge or any other bridge or tunnel. S 304. Studies and reporting. The port authority shall from time to time make studies, surveys and investigations to determine the necessity and practicability of vehicular bridges and tunnels over or under inter- state waters within the port of New York district, in addition to the Midtown Hudson tunnel and Holland tunnel and to the George Washington bridge, Goethals bridge, Outerbridge Crossing and Bayonne bridge, and report to the governors and legislatures of the two states thereon. The port authority shall not proceed with the construction of any such addi- tional vehicular bridges and tunnels over or under said interstate waters until hereafter expressly authorized by the two said states, but the second deck of the George Washington bridge shall be considered an addition and improvement to the said bridge and not such an additional vehicular bridge, and the port authority's power and authorization to construct, own, maintain and operate said second deck for highway vehic-
ular or rail rapid transit traffic or both is hereby acknowledged and confirmed. S 305. Inspections. The port authority shall inspect bridges located within the state of New York and under the authority's jurisdiction in accordance with criteria established for other publicly-owned bridges within the state. S 306. Construction, maintenance and operation. 1. The port authority shall, so far as it deems it practicable, treat as a single unified operation the construction, maintenance and operation of the said Midtown Hudson tunnel, the Holland tunnel, the two vehicular bridges over the Arthur Kill, the vehicular bridge over the Kill van Kull, the vehicular bridge over the Hudson river at Fort Lee, and any other vehic- ular bridges or tunnels which it may construct or operate, raising moneys for the construction thereof and for the making of additions and improvements thereto in whole or in part upon its own obligations, and establishing and levying such tolls and other charges as it may deem necessary to secure from all of such bridges and tunnels as a group, at least sufficient revenue to meet the expenses of the construction, main- tenance and operation of such bridges and tunnels as a group, and to provide for the payment of the interest upon and amortization and retirement of and the fulfillment of the terms of all bonds and other securities and obligations which it may have issued or incurred in connection therewith. 2. The additions and improvements to bridges and tunnels constructed or operated by it which the port authority is hereby authorized to effectuate shall include but not be limited to parking facilities, by which is meant transportation facilities consisting of one or more areas, buildings, structures, improvements, or other accommodations or appurtenances necessary, convenient or desirable in the opinion of the port authority for the parking or storage of motor vehicles of users of such bridges and tunnels and other members of the general public and for the transfer of the operators and passengers of such motor vehicles to and from omnibuses and other motor vehicles operated by carriers over or through such bridges or tunnels, and for purposes incidental thereto. 3. Nothing herein contained shall be deemed to prevent the port authority from establishing, levying and collecting tolls and other charges in connection with any parking facility in addition to and other than the tolls or charges established, levied and collected in connection with the bridge or tunnel to which such parking facility is an addition and improvement or any other bridge or tunnel. 4. The port authority shall not proceed with the construction of any parking facility as an addition and improvement to any bridge or tunnel other than a parking facility in the township of North Bergen in the state of New Jersey at or in the vicinity of the Midtown Hudson tunnel and its approaches and connections, except as heretofore or hereafter expressly authorized. 5. The plans of the connections with state or municipal highways of any vehicular bridge or tunnel which the port authority may hereafter construct (including the plans of any additional connections of existing bridges or tunnels with state or municipal highways), shall be subject to the approval of the governor of the state in which such connections shall be located. Either state may require by appropriate legislation that such connections shall be subject to the approval of the munici- pality of that state in which they shall be located; and in such event, the approval of such municipality shall be given as provided in article
one of this chapter. Except as limited herein, the port authority shall determine all matters pertaining to such bridges and tunnels. 6. The construction, maintenance and operation of vehicular bridges and tunnels within the said port of New York district (including the said Holland tunnel and the said Midtown Hudson tunnel), are and will be in all respects for the benefit of the people of the states of New York and New Jersey, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and the port authority shall be regarded as performing an essential governmental function in undertaking the construction, maintenance and operation thereof and in carrying out the provisions of law relating thereto, and shall be required to pay no taxes or assessments upon any of the proper- ty acquired or used by it for such purposes. 7. If for any of the purposes of this act (including temporary construction purposes, and the making of additions or improvements to bridges or tunnels already constructed), the port authority shall find it necessary or convenient to acquire any real property as herein defined, whether for immediate or future use, the port authority may find and determine that such property, whether a fee simple absolute or a lesser interest, is required for a public use, and upon such determi- nation, the said property shall be and shall be deemed to be required for such public use until otherwise determined by the port authority; and with the exceptions hereinafter specifically noted, the said deter- mination shall not be affected by the fact that such property has there- tofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the port authority shall be deemed superior to the public use in the hands of any other person, association or corporation. 8. The port authority may acquire and is hereby authorized to acquire such property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent domain under and pursuant to the provisions of the eminent domain procedure law of the state of New York, in the case of property located in such state, and revised statutes of New Jersey, Title 20:1-1 et seq., in the case of property located in such state, or at the option of the port authority as provided in section fifteen of chapter forty-three of the laws of New Jersey of nineteen hundred forty-seven, as amended, for the condemnation of real property for air terminal purposes, in the case of property located in such state, or pursuant to such other and alternate procedure as may be provided by law. 9. Where a person entitled to an award in the proceedings to acquire any real property for any of the purposes of this article, remains in possession of such property after the time of the vesting of title in the port authority, the reasonable value of his use and occupancy of such property subsequent to such time, as fixed by agreement or by the court in such proceedings or by any court of competent jurisdiction, shall be a lien against such award, subject only to liens of record at the time of the vesting of title in the port authority. 10. Nothing herein contained shall be construed to prohibit the port authority from bringing any proceedings to remove a cloud on title or such other proceedings as it may, in its discretion, deem proper and necessary, or from acquiring any such property by negotiation or purchase. 11. Anything in this act to the contrary notwithstanding, no property now or hereafter vested in or held by any county, city, borough, village, township or other municipality shall be taken by the port
authority, without the authority or consent of such county, city, borough, village, township or other municipality as provided in article one of this chapter, provided that the state in which such county, city, borough, village, township or other municipality is located may author- ize such property to be taken by the port authority by condemnation or the exercise of the right of eminent domain without such authority or consent; nor shall anything herein impair or invalidate in any way any bonded indebtedness of the state, or such county, city, borough, village, township or other municipality, nor impair the provisions of law regulating the payment into sinking funds of revenue derived from municipal property, or dedicating the revenues derived from municipal property, to a specific purpose. The port authority is hereby authorized and empowered to acquire from any such county, city, borough, village, township or other municipality, or from any other public agency or commission having jurisdiction in the premises, by agreement therewith, and such county, city, borough, village, township, municipality, public agency or commission, notwithstanding any contrary provision of law, is hereby authorized and empowered to grant and convey upon reasonable terms and conditions, any real property, which may be necessary for the construction, operation and maintenance of such bridges and tunnels, including such real property as has already been devoted to a public use. Each of the two said states hereby consent to the use and occupa- tion of the real property of such state necessary for the construction, operation and maintenance of bridges and tunnels constructed or operated pursuant to the provisions of this act, including lands of the state lying under water. 12. The port authority and its duly authorized agents and employees may enter upon any land in this state for the purpose of making such surveys, maps, or other examinations thereof as it may deem necessary or convenient for the purposes of this article. 13. The term "real property" as used in this section is defined to include lands, structures, franchises, and interests in land, including lands under water and riparian rights, and any and all things and rights usually included within the said term, and includes not only fees simple absolute but also any and all lesser interests, such as easements, rights of way, uses, leases, licenses and all other incorporeal heredi- taments and every estate, interest or right, legal or equitable, includ- ing terms of years, and liens thereon by way of judgments, mortgages or otherwise, and also claims for damage to real estate. 14. Nothing herein contained shall be construed to authorize or permit the port authority to undertake the construction of any vehicular bridge or tunnel over or under the Arthur Kill, unless or until adequate provision has been made by law for the protection of those advancing money upon the obligations of the port authority for the construction of the bridges mentioned in chapter two hundred and ten of the laws of nineteen hundred twenty-five, or the construction of any vehicular bridge or tunnel over or under the Hudson river, at or north of Sixtieth street in the borough of Manhattan, city of New York, unless or until adequate provision has been made by law for the protection of those advancing money upon the obligations of the port authority for the construction of the bridge mentioned in chapter seven hundred and sixty-one of the laws of nineteen hundred twenty-six, or the construction of any vehicular bridge or tunnel over or under the Kill van Kull unless or until adequate provision has been made by law for the protection of those advancing money upon the obligations of the port
authority for the construction of the bridge mentioned in chapter three hundred of the laws of nineteen hundred twenty-seven. S 307. Rules and regulations relating to tunnels and bridges. 1. The port authority is hereby authorized to make and enforce such rules and regulations and to establish, levy and collect such tolls and other charges in connection with any vehicular bridges and tunnels which it may now or hereafter be authorized to own, construct, operate or control (including the said Holland tunnel and the said Midtown Hudson tunnel), as it may deem necessary, proper or desirable, which said tolls and charges shall be at least sufficient to meet the expenses of the construction, operation and maintenance thereof, and to provide for the payment of, with interest upon, and the amortization and retirement of bonds or other securities or obligations issued or incurred for bridge or tunnel purposes. There shall be allocated to the cost of the construction, operation and maintenance of such bridges and tunnels, such proportion of the general expenses of the port authority as it shall deem properly chargeable thereto. 2. The moneys in the general reserve fund of the port authority (authorized by chapter five of the laws of New Jersey of nineteen hundred thirty-one, as amended, and chapter forty-eight of the laws of New York of nineteen hundred thirty-one, as amended) may be pledged in whole or in part by the port authority as security for or applied by it to the repayment with interest of any moneys which it may raise upon bonds or other securities or obligations issued or incurred from time to time for any of the purposes of this article or secured in whole or in part by the pledge of the revenues of the port authority from any bridge or tunnel or both so issued or incurred and so secured; and the moneys in said general reserve fund may be applied by the port authority to the fulfillment of any other undertakings which it may assume to or for the benefit of the holders of any such bonds, securities or other obli- gations. 3. Subject to prior liens and pledges (and to the obligation of the port authority to apply revenues to the maintenance of its general reserve fund in the amount prescribed by the said statutes authorizing said fund), the revenues of the port authority from facilities estab- lished, constructed, acquired or effectuated through the issuance or sale of bonds of the port authority secured by a pledge of its general reserve fund may be pledged in whole or in part as security for or applied by it to the repayment with interest of any moneys which it may raise upon bonds or other securities or obligations issued or incurred from time to time for any of the purposes of this article or secured in whole or in part by the pledge of the revenues of the port authority from any bridge or tunnel or both so issued or incurred and so secured, and said revenues may be applied by the port authority to the fulfill- ment of any other undertakings which it may assume to or for the benefit of the holders of such bonds, securities or other obligations. In the event that at any time the balance of moneys theretofore paid into the general reserve fund and not applied therefrom shall exceed an amount equal to one-tenth of the par value of all bonds legal for investment, as defined and limited in the said statutes authorizing said fund, issued by the port authority and currently outstanding at such time, by reason of the retirement of bonds or other securities or obli- gations issued or incurred from time to time for any of the purposes of this article or secured in whole or in part by the pledge of the reven- ues of the port authority from any bridge or tunnel or both so issued or incurred and so secured, the par value of which had theretofore been
included in the computation of said one-tenth, then the port authority may pledge or apply such excess for and only for the purposes for which it is authorized by the said statutes authorizing said fund to pledge the moneys in the general reserve fund and such pledge may be made in advance of the time when such excess may occur. S 308. Bonds. 1. The two said states covenant and agree with each other and with the holders of any bonds or other securities or obli- gations of the port authority, issued or incurred for bridge or tunnel purposes and as security for which there may or shall be pledged the tolls and revenues or any part thereof of any vehicular bridge or tunnel (including the said Holland tunnel and the said Midtown Hudson tunnel), that the two said states will not, so long as any of such bonds or other obligations remain outstanding and unpaid, diminish or impair the power of the port authority to establish, levy and collect tolls and other charges in connection therewith; and that the two said states will not, so long as any of such bonds or other obligations remain outstanding and unpaid, authorize the construction of any vehicular bridges or tunnels over or under interstate waters as herein defined within the said port of New York district, by any person or body other than the port authori- ty, in competition with those whose tolls or other revenues are pledged as aforesaid; provided that nothing herein contained shall be deemed to refer to the bridge authorized by the act of congress of July eleven, eighteen hundred ninety, chapter six hundred and sixty-nine, and acts amendatory thereof and supplemental thereto; and provided further that nothing herein contained shall preclude the authorization of the construction of such competitive tunnels or bridges by other persons or bodies if and when adequate provision shall be made by law for the protection of those advancing money upon such obligations. 2. The bonds or other securities or obligations which may be issued or incurred by the port authority pursuant to this article, or as security for which there may be pledged the tolls and other revenues or any part thereof of any vehicular bridge or tunnel (including the said Holland tunnel and the said Midtown Hudson tunnel) now or hereafter authorized by the two said states or both so issued or incurred and so secured, are hereby made securities in which all state and municipal officers and bodies, all banks, bankers, trust companies, savings banks, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital, belonging to them or within their control; and said bonds or other securities or obligations are hereby made securities which may properly and legally be deposited with and shall be received by any state or municipal officer or agency for any purpose for which the deposit of bonds or other obligations of this state is now or may hereafter be authorized. S 309. Compact. 1. This section and the preceding sections of this article, constitute an agreement between the states of New York and New Jersey supplementary to the compact between the two states dated April thirty, nineteen hundred twenty-one, and amendatory thereof, and shall be liberally construed to effectuate the purposes of said compact and of the comprehensive plan heretofore adopted by the two states, and any powers granted to the port authority by this article shall be deemed to be in aid of and supplementary to and in no case a limitation upon the
powers heretofore vested in the port authority by the two said states and/or by congress, except as herein otherwise provided. 2. Any declarations contained in this article with respect to the governmental nature of bridges and tunnels and to the exemption of bridge and tunnel property from taxation and to the discretion of the port authority with respect to bridge and tunnel operations shall not be construed to imply that other port authority property and operations are not of a governmental nature, or that they are subject to taxation, or that the determinations of the port authority with respect thereto are not conclusive. 3. The powers vested in the port authority herein (including but not limited to the powers to acquire real property by condemnation and to make or effectuate additions, improvements, approaches and connections) shall be continuing powers and no exercise thereof shall be deemed to exhaust them or any of them. 4. Nothing herein contained shall be construed to affect, diminish or impair the rights and obligations created by, or to repeal any of the provisions of chapter three hundred and fifty-two of the laws of New Jersey of nineteen hundred twenty and chapter two hundred and sixty-two of the laws of New Jersey of nineteen hundred twenty-four. 5. If, however, any loss shall be suffered by or accrue to the said sinking fund, and if, after the making of the payment by the port authority to the state of New Jersey as hereinbefore provided, the moneys in the said sinking fund shall at any time be or become less than an amount equal to the principal amount of the then currently outstand- ing New Jersey Camden bridge-Holland tunnel bonds, or if the income and interest currently received from or currently accruing upon the moneys in the said sinking fund shall be or become insufficient to pay the interest currently accruing upon or currently payable in connection with the aforesaid New Jersey Camden bridge-Holland tunnel bonds, the state of New Jersey represents and agrees that it will make good such deficits out of sources other than revenues from the said Holland tunnel. 6. The said payment by the port authority to the state of New Jersey constitutes repayment for all moneys contributed by the said state toward the cost of construction of the said Holland tunnel, including the moneys diverted and appropriated by chapter three hundred and nine- teen of the laws of New Jersey of nineteen hundred twenty-six and chap- ter fifty-eight of the laws of New Jersey of nineteen hundred twenty- seven from the road fund, created by chapter fifteen of the laws of New Jersey of nineteen hundred seventeen. The requirement of chapter fifty- eight of the laws of New Jersey of nineteen hundred twenty-seven that the said moneys diverted and appropriated by the said statutes of the state of New Jersey shall be returned and credited to the said road fund, with interest, shall be and shall be deemed to be satisfied and discharged so far as it relates to the revenues arising from the opera- tion of the said Holland tunnel. 7. The provisions of this section shall constitute a covenant and agreement by the state of New York with the state of New Jersey, the port authority and the holders of any bonds or other obligations of the port authority, as security for which the tolls and revenues of said Holland tunnel may be pledged. 8. Nothing herein contained shall be construed to impair in any way the obligation of the port authority to repay to the two states any or all advances made by them to the port authority in aid of bridge construction.
ARTICLE IV THE WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND NEW JERSEY COMPACT Section 400. Compact. S 400. Compact. The "waterfront and airport commission of New York and New Jersey compact" as first enacted by chapter eight hundred eighty-two of the laws of nineteen hundred fifty-three is hereby continued to read as follows: PART I Section 1. Compact. The state of New York hereby agrees with the state of New Jersey, upon the enactment by the state of New Jersey of legislation having the same effect as this section, to the following compact: ARTICLE I FINDINGS AND DECLARATIONS 1. The states of New York and New Jersey hereby find and declare that the conditions under which waterfront labor is employed within the port of New York district are depressing and degrading to such labor, result- ing from the lack of any systematic method of hiring, the lack of adequate information as to the availability of employment, corrupt hiring practices and the fact that persons conducting such hiring are frequently criminals and persons notoriously lacking in moral character and integrity and neither responsive or responsible to the employers nor to the uncoerced will of the majority of the members of the labor organ- izations of the employees; that as a result waterfront laborers suffer from irregularity of employment, fear and insecurity, inadequate earn- ings, an unduly high accident rate, subjection to borrowing at usurious rates of interest, exploitation and extortion as the price of securing employment and a loss of respect for the law; that not only does there result a destruction of the dignity of an important segment of American labor, but a direct encouragement of crime which imposes a levy of greatly increased costs on food, fuel and other necessaries handled in and through the port of New York district. 2. The states of New York and New Jersey hereby find and declare that many of the evils above described result not only from the causes above described but from the practices of public loaders at piers and other waterfront terminals; that such public loaders serve no valid economic purpose and operate as parasites exacting a high and unwarranted toll on the flow of commerce in and through the port of New York district, and have used force and engaged in discriminatory and coercive practices including extortion against persons not desiring to employ them; and that the function of loading and unloading trucks and other land vehi- cles at piers and other waterfront terminals can and should be performed, as in every other major American port, without the evils and abuses of the public loader system, and by the carriers of freight by water, stevedores and operators of such piers and other waterfront terminals or the operators of such trucks or other land vehicles. 3. The states of New York and New Jersey hereby find and declare that many of the evils above described result not only from the causes above described but from the lack of regulation of the occupation of steve- dores; that such stevedores have engaged in corrupt practices to induce their hire by carriers of freight by water and to induce officers and
representatives of labor organizations to betray their trust to the members of such labor organizations. 4. The states of New York and New Jersey hereby find and declare that the occupations of longshoremen, stevedores, pier superintendents, hiring agents and port watchmen are affected with a public interest requiring their regulation and that such regulation shall be deemed an exercise of the police power of the two states for the protection of the public safety, welfare, prosperity, health, peace and living conditions of the people of the two states. ARTICLE II DEFINITIONS As used in this compact: 1. "The port of New York district" shall mean the district created by article II of the compact dated April thirtieth, nineteen hundred twen- ty-one, between the states of New York and New Jersey, authorized by chapter one hundred fifty-four of the laws of New York of nineteen hundred twenty-one and chapter one hundred fifty-one of the laws of New Jersey of nineteen hundred twenty-one and as continued by article one of this chapter. 2. "Commission" shall mean the waterfront and airport commission of New York and New Jersey established by article III of this compact. 3. "Pier" shall include any wharf, pier, dock or quay. 4. "Other waterfront terminal" shall include any warehouse, depot or other terminal (other than a pier) which is located within one thousand yards of any pier in the port of New York district and which is used for waterborne freight in whole or substantial part. 5. "Person" shall mean not only a natural person but also any partner- ship, joint venture, association, corporation or any other legal entity but shall not include the United States, any state or territory thereof or any department, division, board, commission or authority of one or more of the foregoing. 6. "Carrier of freight by water" shall mean any person who may be engaged or who may hold himself out as willing to be engaged, whether as a common carrier, as a contract carrier or otherwise (except for carriage of liquid cargoes in bulk in tank vessels designed for use exclusively in such service or carriage by barge of bulk cargoes consisting of only a single commodity loaded or carried without wrappers or containers and delivered by the carrier without transportation mark or count) in the carriage of freight by water between any point in the port of New York district and a point outside said district. 7. "Waterborne freight" shall mean freight carried by or consigned for carriage by carriers of freight by water. 8. "Longshoreman" shall mean a natural person, other than a hiring agent, who is employed for work at a pier or other waterfront terminal, either by a carrier of freight by water or by a stevedore: (a) physically to move waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals, or (b) to engage in direct and immediate checking of any such freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores, or (c) to supervise directly and immediately others who are employed as in subdivision (a) of this section.
9. "Pier superintendent" shall mean any natural person other than a longshoreman who is employed for work at a pier or other waterfront terminal by a carrier of freight by water or a stevedore and whose work at such pier or other waterfront terminal includes the supervision, directly or indirectly, of the work of longshoremen. 10. "Port watchman" shall include any watchman, gateman, roundsman, detective, guard, guardian or protector of property employed by the operator of any pier or other waterfront terminal or by a carrier of freight by water to perform services in such capacity on any pier or other waterfront terminal. 11. "Longshoremen's register" shall mean the register of eligible longshoremen compiled and maintained by the commission pursuant to arti- cle VIII of this compact. 12. "Stevedore" shall mean a contractor (not including an employee) engaged for compensation pursuant to a contract or arrangement with a carrier of freight by water, in moving waterborne freight carried or consigned for carriage by such carrier on vessels of such carrier berthed at piers, on piers at which such vessels are berthed or at other waterfront terminals. 13. "Hiring agent" shall mean any natural person, who on behalf of a carrier of freight by water or a stevedore shall select any longshoreman for employment. 14. "Compact" shall mean this compact and rules or regulations lawfully promulgated thereunder. ARTICLE III WATERFRONT AND AIRPORT COMMISSION OF NEW YORK AND NEW JERSEY 1. There is hereby created the waterfront and airport commission of New York and New Jersey, which shall be a body corporate and politic, an instrumentality of the states of New York and New Jersey. 2. The commission shall consist of four members, two to be chosen by the state of New Jersey and two to be chosen by the state of New York. The members representing each state shall be appointed by the governor of such state with the advice and consent of the senate thereof, without regard to the state of residence of such members, and shall receive compensation to be fixed by the governor of such state. The term of office of each member shall be for four years; provided, however, that the two present members of the commission heretofore appointed shall continue to serve as members until the expiration of the respective terms for which they were appointed, that the term of the two new members shall expire on June thirtieth, nineteen hundred seventy-three, and that the term of the successors to the present members shall expire on June thirtieth, nineteen hundred seventy-five. Each member shall hold office until his successor has been appointed and qualified. Vacancies in office shall be filled for the balance of the unexpired term in the same manner as original appointments. 3. Three members of the commission shall constitute a quorum; but the commission shall act only by a majority vote of all its members. Any member may, by written instrument filed in the office of the commission, designate any officer or employee of the commission to act in his place as a member whenever he shall be unable to attend a meeting of the commission. A vacancy in the office of a member shall not impair such designation until the vacancy shall have been filled. The commission shall elect one of its members to serve as chairman for a term of one year; provided, however, that the term of the first chairman shall
expire on June thirtieth, nineteen hundred seventy-one. The chairman shall represent a state other than the state represented by the imme- diately preceding chairman. ARTICLE IV GENERAL POWERS OF COMMISSION In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To acquire, hold and dispose of real and personal property by gift, purchase, lease, license or other similar manner, for its corporate purposes; 4. To determine the location, size and suitability of accommodations necessary and desirable for the establishment and maintenance of the employment information centers provided in article XII of this compact and for administrative offices for the commission; 5. To appoint such officers, agents and employees as it may deem necessary, prescribe their powers, duties and qualifications and fix their compensation and retain and employ counsel and private consultants on a contract basis or otherwise; 6. To administer and enforce the provisions of this compact; 7. To make and enforce such rules and regulations as the commission may deem necessary to effectuate the purposes of this compact or to prevent the circumvention or evasion thereof, to be effective upon publication in the manner which the commission shall prescribe and upon filing in the office of the secretary of state of each state. A certi- fied copy of any such rules and regulations, attested as true and correct by the commission, shall be presumptive evidence of the regular making, adoption, approval and publication thereof; 8. By its members and its properly designated officers, agents and employees, to administer oaths and issue subpoenas to compel the attend- ance of witnesses and the giving of testimony and the production of other evidence; 9. To have for its members and its properly designated officers, agents and employees, full and free access, ingress and egress to and from all vessels, piers and other waterfront terminals or other places in the port of New York district, for the purposes of making inspection or enforcing the provisions of this compact; and no person shall obstruct or in any way interfere with any such member, officer, employee or agent in the making of such inspection, or in the enforcement of the provisions of this compact or in the performance of any other power or duty under this compact; 10. To recover possession of any suspended or revoked license issued under this compact; 11. To make investigations, collect and compile information concerning waterfront practices generally within the port of New York district and upon all matters relating to the accomplishment of the objectives of this compact; 12. To advise and consult with representatives of labor and industry and with public officials and agencies concerned with the effectuation of the purposes of this compact, upon all matters which the commission may desire, including but not limited to the form and substance of rules and regulations, the administration of the compact, maintenance of the longshoremen's register, and issuance and revocation of licenses;
13. To make annual and other reports to the governors and legislatures of both states containing recommendations for the improvement of the conditions of waterfront labor within the port of New York district, for the alleviation of the evils described in article I and for the effectu- ation of the purposes of this compact. Such annual reports shall state the commission's finding and determination as to whether the public necessity still exists for (a) the continued registration of longshore- men, (b) the continued licensing of any occupation or employment required to be licensed hereunder and (c) the continued public operation of the employment information centers provided for in article XII of this compact; 14. To cooperate with and receive from any department, division, bureau, board, commission, or agency of either or both states, or of any county or municipality thereof, such assistance and data as will enable it properly to carry out its powers and duties hereunder; and to request any such department, division, bureau, board, commission, or agency, with the consent thereof, to execute such of its functions and powers, as the public interest may require. 15. The powers and duties of the commission may be exercised by offi- cers, employees and agents designated by them, except the power to make rules and regulations. The commission shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either state concurred in by the legislature of the other. ARTICLE V PIER SUPERINTENDENTS AND HIRING AGENTS 1. On or after the first day of December, nineteen hundred fifty- three, no person shall act as a pier superintendent or as a hiring agent within the port of New York district without first having obtained from the commission a license to act as such pier superintendent or hiring agent, as the case may be, and no person shall employ or engage another person to act as a pier superintendent or hiring agent who is not so licensed. 2. A license to act as a pier superintendent or hiring agent shall be issued only upon the written application, under oath, of the person proposing to employ or engage another person to act as such pier super- intendent or hiring agent, verified by the prospective licensee as to the matters concerning him, and shall state the following: (a) The full name and business address of the applicant; (b) The full name, residence, business address (if any), place and date of birth and social security number of the prospective licensee; (c) The present and previous occupations of the prospective licensee, including the places where he was employed and the names of his employ- ers; (d) Such further facts and evidence as may be required by the commis- sion to ascertain the character, integrity and identity of the prospec- tive licensee; and (e) That if a license is issued to the prospective licensee, the applicant will employ such licensee as pier superintendent or hiring agent, as the case may be. 3. No such license shall be granted (a) Unless the commission shall be satisfied that the prospective licensee possesses good character and integrity;
(b) If the prospective licensee has, without subsequent pardon, been convicted by a court of the United States, or any state or territory thereof, of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter or any felony or high misdemeanor or any of the following misdemeanors or offenses: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding an escape from prison; unlawfully possess- ing, possessing with intent to distribute, sale or distribution of a controlled dangerous substance (controlled substance) or, in New Jersey, a controlled dangerous substance analog (controlled substance analog); and violation of this compact. Any such prospective licensee ineligible for a license by reason of any such conviction may submit satisfactory evidence to the commission that he has for a period of not less than five years, measured as hereinafter provided, and up to the time of application, so conducted himself as to warrant the grant of such license, in which event the commission may, in its discretion, issue an order removing such ineligibility. The aforesaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commutation or termination of his sentence; (c) If the prospective licensee knowingly or wilfully advocates the desirability of overthrowing or destroying the government of the United States by force or violence or shall be a member of a group which advo- cates such desirability, knowing the purposes of such group include such advocacy. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the prospective licensee possesses the qualifications and requirements prescribed in this article, the commission shall issue and deliver to the prospective licensee a license to act as pier superintendent or hiring agent for the applicant, as the case may be, and shall inform the applicant of his action. The commission may issue a temporary permit to any prospective licensee for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of thirty days. 5. No person shall be licensed to act as a pier superintendent or hiring agent for more than one employer, except at a single pier or other waterfront terminal, but nothing in this article shall be construed to limit in any way the number of pier superintendents or hiring agents any employer may employ. 6. A license granted pursuant to this article shall continue through the duration of the licensee's employment by the employer who shall have applied for his license. 7. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses: (a) Conviction of a crime or act by the licensee or other cause which would require or permit his disqualification from receiving a license upon original application; (b) Fraud, deceit or misrepresentation in securing the license, or in the conduct of the licensed activity; (c) Violation of any of the provisions of this compact;
(d) Conviction of a crime involving unlawfully possessing, possession with intent to distribute, sale or distribution of a controlled danger- ous substance (controlled substance) or, in New Jersey, a controlled dangerous substance analog (controlled substance analog); (e) Employing, hiring or procuring any person in violation of this compact or inducing or otherwise aiding or abetting any person to violate the terms of this compact; (f) Paying, giving, causing to be paid or given or offering to pay or give to any person any valuable consideration to induce such other person to violate any provision of this compact or to induce any public officer, agent or employee to fail to perform his duty hereunder; (g) Consorting with known criminals for an unlawful purpose; (h) Transfer or surrender of possession of the license to any person either temporarily or permanently without satisfactory explanation; (i) False impersonation of another licensee under this compact; (j) Receipt or solicitation of anything of value from any person other than the licensee's employer as consideration for the selection or retention for employment of any longshoreman; (k) Coercion of a longshoreman by threat of discrimination or violence or economic reprisal, to make purchases from or to utilize the services of any person; (l) Lending any money to or borrowing any money from a longshoreman for which there is a charge of interest or other consideration; and (m) Membership in a labor organization which represents longshoremen or port watchmen; but nothing in this section shall be deemed to prohibit pier superintendents or hiring agents from being represented by a labor organization or organizations which do not also represent long- shoremen or port watchmen. The American Federation of Labor, the Congress of Industrial Organizations and any other similar federation, congress or other organization of national or international occupational or industrial labor organizations shall not be considered an organiza- tion which represents longshoremen or port watchmen within the meaning of this section although one of the federated or constituent labor organizations thereof may represent longshoremen or port watchmen. ARTICLE VI STEVEDORES 1. On or after the first day of December, nineteen hundred fifty- three, no person shall act as a stevedore within the port of New York district without having first obtained a license from the commission, and no person shall employ a stevedore to perform services as such with- in the port of New York district unless the stevedore is so licensed. 2. Any person intending to act as a stevedore within the port of New York district shall file in the office of the commission a written application for a license to engage in such occupation, duly signed and verified as follows: (a) If the applicant is a natural person, the application shall be signed and verified by such person and if the applicant is a partner- ship, the application shall be signed and verified by each natural person composing or intending to compose such partnership. The applica- tion shall state the full name, age, residence, business address (if any), present and previous occupations of each natural person so signing the same, and any other facts and evidence as may be required by the commission to ascertain the character, integrity and identity of each natural person so signing such application.
(b) If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, the names and addresses of, and the amount of the stock held by stockholders owning 5 per cent or more of any of the stock thereof, and of all offi- cers (including all members of the board of directors). The require- ments of subdivision (a) of this section as to a natural person who is a member of a partnership, and such requirements as may be specified in rules and regulations promulgated by the commission, shall apply to each such officer or stockholder and their successors in office or interest as the case may be. (c) In the event of the death, resignation or removal of any officer, and in the event of any change in the list of stockholders who shall own five per cent or more of the stock of the corporation, the secretary of such corporation shall forthwith give notice of that fact in writing to the commission, certified by said secretary. 3. No such license shall be granted (a) If any person whose signature or name appears in the application is not the real party in interest required by section two of this arti- cle to sign or to be identified in the application or if the person so signing or named in the application is an undisclosed agent or trustee for any such real party in interest; (b) Unless the commission shall be satisfied that the applicant and all members, officers and stockholders required by section two of this article to sign or be identified in the application for license possess good character and integrity; (c) Unless the applicant is either a natural person, partnership or corporation; (d) Unless the applicant shall be a party to a contract then in force or which will take effect upon the issuance of a license, with a carrier of freight by water for the loading and unloading by the applicant of one or more vessels of such carrier at a pier within the port of New York district; (e) If the applicant or any member, officer or stockholder required by section two of this article to sign or be identified in the application for license has, without subsequent pardon, been convicted by a court of the United States or any state or territory thereof of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaught- er or any felony or high misdemeanor or any of the misdemeanors or offenses described in subdivision (b) of section three of article V of this compact. Any applicant ineligible for a license by reason of any such conviction may submit satisfactory evidence to the commission that the person whose conviction was the basis of ineligibility has for a period of not less than five years, measured as hereinafter provided and up to the time of application, so conducted himself as to warrant the grant of such license, in which event the commission may, in its discretion issue an order removing such ineligibility. The aforesaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commu- tation or termination of his sentence; (f) If, on or after July first, nineteen hundred fifty-three, the applicant has paid, given, caused to have been paid or given or offered to pay or give to any officer or employee of any carrier of freight by water any valuable consideration for an improper or unlawful purpose or
to induce such person to procure the employment of the applicant by such carrier for the performance of stevedoring services; (g) If, on or after July first, nineteen hundred fifty-three, the applicant has paid, given, caused to be paid or given or offered to pay or give to any officer or representative of a labor organization any valuable consideration for an improper or unlawful purpose or to induce such officer or representative to subordinate the interests of such labor organization or its members in the management of the affairs of such labor organization to the interests of the applicant. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed in this arti- cle, the commission shall issue and deliver a license to such applicant. The commission may issue a temporary permit to any applicant for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of thirty days. 5. A license granted pursuant to this article shall be for a term of two years or fraction of such two year period, and shall expire on the first day of December of each odd numbered year. In the event of the death of the licensee, if a natural person, or its termination or dissolution by reason of the death of a partner, if a partnership, or if the licensee shall cease to be a party to any contract of the type required by subdivision (d) of section three of this article, the license shall terminate ninety days after such event or upon its expira- tion date, whichever shall be sooner. A license may be renewed by the commission for successive two year periods upon fulfilling the same requirements as are set forth in this article for an original applica- tion. 6. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest or the licensee thereunder may be reprimanded for any of the following offenses on the part of the licensee or of any person required by section two of this article to sign or be identified in an original application for a license: (a) Conviction of a crime or other cause which would permit or require disqualification of the licensee from receiving a license upon original application; (b) Fraud, deceit or misrepresentation in securing the license or in the conduct of the licensed activity; (c) Failure by the licensee to maintain a complete set of books and records containing a true and accurate account of the licensee's receipts and disbursements arising out of his activities within the port of New York district; (d) Failure to keep said books and records available during business hours for inspection by the commission and its duly designated represen- tatives until the expiration of the fifth calendar year following the calendar year during which occurred the transactions recorded therein; (e) Any other offense described in subdivisions (c) to (i) inclusive, of section seven of article V of this compact. ARTICLE VII PROHIBITION OF PUBLIC LOADING
1. The states of New York and New Jersey hereby find and declare that the transfer of cargo to and from trucks at piers and other waterfront terminals in the port of New York district has resulted in vicious and notorious abuses by persons commonly known as "public loaders." There is compelling evidence that such persons have exacted the payment of exor- bitant charges for their services, real and alleged, and otherwise extorted large sums through force, threats of violence, unauthorized labor disturbances and other coercive activities, and that they had been responsible for and abetted criminal activities on the waterfront. These practices which have developed in the port of New York district impose unjustified costs on the handling of goods in and through the port of New York district, and increase the prices paid by consumers for food, fuel and other necessaries, and impair the economic stability of the port of New York district. It is the sense of the legislatures of the states of New York and New Jersey that these practices and condi- tions must be eliminated to prevent grave injury to the welfare of the people. 2. It is hereby declared to be against the public policy of the states of New York and New Jersey and to be unlawful for any person to load or unload waterborne freight onto or from vehicles other than railroad cars at piers or at other waterfront terminals within the port of New York district, for a fee or other compensation, other than the following persons and their employees: (a) Carriers of freight by water, but only at piers at which their vessels are berthed; (b) Other carriers of freight (including but not limited to railroads and truckers), but only in connection with freight transported or to be transported by such carriers; (c) Operators of piers or other waterfront terminals (including rail- roads, truck terminal operators, warehousemen and other persons), but only at piers or other waterfront terminals operated by them; (d) Shippers or consignees of freight, but only in connection with freight shipped by such shipper or consigned to such consignee; (e) Stevedores licensed under article VI of this compact, whether or not such waterborne freight has been or is to be transported by a carri- er of freight by water with which such stevedore shall have a contract of the type prescribed by subdivision (d) of section 3 of article VI of this compact. Nothing herein contained shall be deemed to permit any such loading or unloading of any waterborne freight at any place by any such person by means of any independent contractor, or any other agent other than an employee, unless such independent contractor is a person permitted by this article to load or unload such freight at such place in his own right. ARTICLE VIII LONGSHOREMEN 1. The commission shall establish a longshoremen's register in which shall be included all qualified longshoremen eligible, as hereinafter provided, for employment as such in the port of New York district. On or after the first day of December, nineteen hundred fifty-three, no person shall act as a longshoreman within the port of New York district unless at the time he is included in the longshoremen's register, and no person shall employ another to work as a longshoreman within the port of New
York district unless at the time such other person is included in the longshoremen's register. 2. Any person applying for inclusion in the longshoremen's register shall file at such place and in such manner as the commission shall designate a written statement, signed and verified by such person, setting forth his full name, residence address, social security number, and such further facts and evidence as the commission may prescribe to establish the identity of such person and his criminal record, if any. 3. The commission may in its discretion deny application for inclusion in the longshoremen's register by a person (a) Who has been convicted by a court of the United States or any state or territory thereof, without subsequent pardon, of treason, murder, manslaughter or of any felony or high misdemeanor or of any of the misdemeanors or offenses described in subdivision (b) of section three of article V of this compact or of attempt or conspiracy to commit any of such crimes; (b) Who knowingly or willingly advocates the desirability of over- throwing or destroying the government of the United States by force or violence or who shall be a member of a group which advocates such desir- ability knowing the purposes of such group include such advocacy; (c) Whose presence at the piers or other waterfront terminals in the port of New York district is found by the commission on the basis of the facts and evidence before it, to constitute a danger to the public peace or safety. 4. Unless the commission shall determine to exclude the applicant from the longshoremen's register on a ground set forth in section three of this article it shall include such person in the longshoremen's regis- ter. The commission may permit temporary registration of any applicant under the provisions of this article pending final action on an applica- tion made for such registration. Any such temporary registration shall be valid for a period not in excess of thirty days. 5. The commission shall have power to reprimand any longshoreman registered under this article or to remove him from the longshoremen's register for such period of time as it deems in the public interest for any of any following offenses: (a) Conviction of a crime or other cause which would permit disquali- fication of such person from inclusion in the longshoremen's register upon original application; (b) Fraud, deceit or misrepresentation in securing inclusion in the longshoremen's register; (c) Transfer or surrender of possession to any person either temporar- ily or permanently of any card or other means of identification issued by the commission as evidence of inclusion in the longshoremen's regis- ter, without satisfactory explanation; (d) False impersonation of another longshoreman registered under this article or of another person licensed under this compact; (e) Wilful commission of or wilful attempt to commit at or on a water- front terminal or adjacent highway any act of physical injury to any other person or of wilful damage to or misappropriation of any other person's property, unless justified or excused by law; and (f) Any other offense described in subdivisions (c) to (f) inclusive of section seven of article V of this compact. 6. The commission shall have the right to recover possession of any card or other means of identification issued as evidence of inclusion in the longshoremen's register in the event that the holder thereof has been removed from the longshoremen's register.
7. Nothing contained in this article shall be construed to limit in any way any rights of labor reserved by article XV of this compact. ARTICLE IX REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT 1. On or after the first day of December, nineteen hundred fifty-four, the commission shall, at regular intervals, remove from the longshoremen's register any person who shall have been registered for at least nine months and who shall have failed during the preceding six calendar months either to have worked as a longshoreman in the port of New York district or to have applied for employment as a longshoreman at an employment information center established under article XII of this compact for such minimum number of days as shall have been established by the commission pursuant to section two of this article. 2. On or before the first day of June, nineteen hundred fifty-four and on or before each succeeding first day of June or December, the commis- sion shall, for the purposes of section one of this article, establish for the six-month period beginning on each such date a minimum number of days and the distribution of such days during such period. 3. In establishing any such minimum number of days or period, the commission shall observe the following standards: (a) To encourage as far as practicable the regularization of the employment of longshoremen; (b) To bring the number of eligible longshoremen more closely into balance with the demand for longshoremen's services within the port of New York district without reducing the number of eligible longshoremen below that necessary to meet the requirements of longshoremen in the port of New York district; (c) To eliminate oppressive and evil hiring practices affecting long- shoremen and waterborne commerce in the port of New York district; (d) To eliminate unlawful practices injurious to waterfront labor; and (e) To establish hiring practices and conditions which will permit the termination of governmental regulation and intervention at the earliest opportunity. 4. A longshoreman who has been removed from the longshoremen's regis- ter pursuant to this article may seek reinstatement upon fulfilling the same requirements as for initial inclusion in the longshoremen's regis- ter, but not before the expiration of one year from the date of removal, except that immediate reinstatement shall be made upon proper showing that the registrant's failure to work or apply for work the minimum number of days above described was caused by the fact that the regis- trant was engaged in the military service of the United States or was incapacitated by ill health, physical injury, or other good cause. 5. Notwithstanding any other provision of this article, the commission shall at any time have the power to register longshoremen on a temporary basis to meet special or emergency needs. ARTICLE X PORT WATCHMEN 1. On or after the first day of December, nineteen hundred fifty- three, no person shall act as a port watchman within the port of New York district without first having obtained a license from the commis- sion, and no person shall employ a port watchman who is not so licensed.
2. A license to act as a port watchman shall be issued only upon writ- ten application, duly verified, which shall state the following: (a) The full name, residence, business address (if any), place and date of birth and social security number of the applicant; (b) The present and previous occupations of the applicant, including the places where he was employed and the names of his employers; (c) The citizenship of the applicant and, if he is a naturalized citi- zen of the United States, the court and date of his naturalization; and (d) Such further facts and evidence as may be required by the commis- sion to ascertain the character, integrity and identity of the appli- cant. 3. No such license shall be granted (a) Unless the commission shall be satisfied that the applicant possesses good character and integrity; (b) If the applicant has, without subsequent pardon, been convicted by a court of the United States or of any state or territory thereof of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter or any felony or high misdemeanor or any of the misdemea- nors or offenses described in subdivision (b) of section three of arti- cle V of this compact; (c) Unless the applicant shall meet such reasonable standards of phys- ical and mental fitness for the discharge of his duties as may from time to time be established by the commission; (d) If the applicant shall be a member of any labor organization which represents longshoremen or pier superintendents or hiring agents; but nothing in this article shall be deemed to prohibit port watchmen from being represented by a labor organization or organizations which do not also represent longshoremen or pier superintendents or hiring agents. The American Federation of Labor, the Congress of Industrial Organiza- tions and any other similar federation, congress or other organization of national or international occupational or industrial labor organiza- tions shall not be considered an organization which represents long- shoremen or pier superintendents or hiring agents within the meaning of this section although one of the federated or constituent labor organ- izations thereof may represent longshoremen or pier superintendents or hiring agents; (e) If the applicant knowingly or wilfully advocates the desirability of overthrowing or destroying the government of the United States by force or violence or shall be a member of a group which advocates such desirability, knowing the purposes of such group include such advocacy. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed by this article and regulations issued pursuant thereto, the commission shall issue and deliver a license to the applicant. The commission may issue a tempo- rary permit to any applicant for a license under the provisions of this article pending final action on an application made for such a license. Any such permit shall be valid for a period not in excess of thirty days. 5. A license granted pursuant to this article shall continue for a term of three years. A license may be renewed by the commission for successive three-year periods upon fulfilling the same requirements as are set forth in this article for an original application. 6. Any license issued pursuant to this article may be revoked or suspended for such period as the commission deems in the public interest
or the licensee thereunder may be reprimanded for any of the following offenses: (a) Conviction of a crime or other cause which would permit or require his disqualification from receiving a license upon original application; (b) Fraud, deceit or misrepresentation in securing the license; and (c) Any other offense described in subdivisions (c) to (i), inclusive, of section seven of article V of this compact. ARTICLE XI HEARINGS, DETERMINATIONS AND REVIEW 1. The commission shall not deny any application for a license or registration without giving the applicant or prospective licensee reasonable prior notice and an opportunity to be heard. 2. Any application for a license or for inclusion in the longshoremen's register, and any license issued or registration made, may be denied, revoked, cancelled, suspended as the case may be, only in the manner prescribed in this article. 3. The commission may on its own initiative or on complaint of any person, including any public official or agency, institute proceedings to revoke, cancel or suspend any license or registration after a hearing at which the licensee or registrant and any person making such complaint shall be given an opportunity to be heard, provided that any order of the commission revoking, cancelling or suspending any license or regis- tration shall not become effective until fifteen days subsequent to the serving of notice thereof upon the licensee or registrant unless in the opinion of the commission the continuance of the license or registration for such period would be inimicable to the public peace or safety. Such hearings shall be held in such manner and upon such notice as may be prescribed by the rules of the commission, but such notice shall be of not less than ten days and shall state the nature of the complaint. 4. Pending the determination of such hearing pursuant to section three of this article the commission may temporarily suspend a license or registration if in the opinion of the commission the continuance of the license or registration for such period is inimicable to the public peace or safety. 5. The commission, or such member, officer, employee or agent of the commission as may be designated by the commission for such purpose, shall have the power to issue subpoenas to compel the attendance of witnesses and the giving of testimony or production of other evidence and to administer oaths in connection with any such hearing. It shall be the duty of the commission or of any such member, officer, employee or agent of the commission designated by the commission for such purpose to issue subpoenas at the request of and upon behalf of the licensee, registrant or applicant. The commission or such person conducting the hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure in the conduct of such hearing. 6. Upon the conclusion of the hearing, the commission shall take such action upon such findings and determination as it deems proper and shall execute an order carrying such findings into effect. The action in the case of an application for a license or registration shall be the grant- ing or denial thereof. The action in the case of a licensee shall be revocation of the license or suspension thereof for a fixed period or reprimand or a dismissal of the charges. The action in the case of a registered longshoreman shall be dismissal of the charges, reprimand or
removal from the longshoremen's register for a fixed period or perma- nently. 7. The action of the commission in denying any application for a license or in refusing to include any person in the longshoremen's register under this compact or in suspending or revoking such license or removing any person from the longshoremen's register or in reprimanding a licensee or registrant shall be subject to judicial review by a proceeding instituted in either state at the instance of the applicant, licensee or registrant in the manner provided by the law of such state for review of the final decision or action of administrative agencies of such state, provided, however, that notwithstanding any other provision of law the court shall have power to stay for not more than thirty days an order of the commission suspending or revoking a license or removing a longshoreman from the longshoremen's register. ARTICLE XII EMPLOYMENT INFORMATION CENTERS 1. The states of New York and New Jersey hereby find and declare that the method of employment of longshoremen and port watchmen in the port of New York district, commonly known as the "shape-up", has resulted in vicious and notorious abuses, of which such employees have been the principal victims. There is compelling evidence that the "shape-up" has permitted and encouraged extortion from employees as the price of secur- ing or retaining employment and has subjected such employees to threats of violence, unwilling joinder in unauthorized labor disturbances and criminal activities on the waterfront. The "shape-up" has thus resulted in a loss of fundamental rights and liberties of labor, has impaired the economic stability of the port of New York district and weakened law enforcement therein. It is the sense of the legislatures of the states of New York and New Jersey that these practices and conditions must be eliminated to prevent grave injury to the welfare of waterfront laborers and of the people at large and that the elimination of the "shape-up" and the establishment of a system of employment information centers are necessary to a solution of these public problems. 2. The commission shall establish and maintain one or more employment information centers in each state within the port of New York district at such locations as it may determine. No person shall, directly or indirectly, hire any person for work as a longshoreman or port watchman within the port of New York district, except through such particular employment information center or centers as may be prescribed by the commission. No person shall accept any employment as a longshoreman or port watchman within the port of New York district, except through such an employment information center. At each such employment information center the commission shall keep and exhibit the longshoremen's register and any other records it shall determine to the end that longshoremen and port watchmen shall have the maximum information as to available employment as such at any time within the port of New York district and to the end that employers shall have an adequate opportunity to fill their requirements of registered longshoremen and port watchmen at all times. 3. Every employer of longshoremen or port watchmen within the port of New York district shall furnish such information as may be required by the rules and regulations prescribed by the commission with regard to the name of each person hired as a longshoreman or port watchman, the
time and place of hiring, the time, place and hours of work, and the compensation therefor. 4. All wage payments to longshoremen or port watchmen for work as such shall be made by check or cash evidenced by a written voucher receipted by the person to whom such cash is paid. The commission may arrange for the provision of facilities for cashing such checks. ARTICLE XIII EXPENSES OF ADMINISTRATION 1. By concurrent legislation enacted by their respective legislatures, the two states may provide from time to time for meeting the commis- sion's expenses. Until other provision shall be made, such expense shall be met as authorized in this article. 2. The commission shall annually adopt a budget of its expenses for each year. Each budget shall be submitted to the governors of the two states and shall take effect as submitted provided that either governor may within thirty days disapprove or reduce any item or items, and the budget shall be adjusted accordingly. 3. After taking into account such funds as may be available to it from reserves, federal grants or otherwise, the balance of the commission's budgeted expenses shall be assessed upon employers of persons registered or licensed under this compact. Each such employer shall pay to the commission as assessment computed upon the gross payroll payments made by such employer to longshoremen, pier superintendents, hiring agents and port watchmen for work or labor performed within the port of New York district, at a rate, not in excess of two per cent, computed by the commission in the following manner; the commission shall annually esti- mate the gross payroll payments to be made by employers subject to assessment and shall compute a rate thereon which will yield revenues sufficient to finance the commission's budget for each year. Such budg- et may include a reasonable amount for a reserve but such amount shall not exceed ten per cent of the total of all other items of expenditure contained therein. Such reserve shall be used for the stabilization of annual assessments, the payment of operating deficits and for the repay- ment of advances made by the two states. 4. The amount required to balance the commission's budget, in excess of the estimated yield of the maximum assessment, shall be certified by the commission, with the approval of the respective governors, to the legislatures of the two states, in proportion to the gross annual wage payments made to longshoremen for work in each state within the port of New York district. The legislatures shall annually appropriate to the commission the amount so certified. 5. The commission may provide by regulation for the collection and auditing of assessments. Such assessments hereunder shall be payable pursuant to such provisions for administration, collection and enforce- ment as the states may provide by concurrent legislation. In addition to any other sanction provided by law, the commission may revoke or suspend any license held by any person under this compact, or his privi- lege of employing persons registered or licensed hereunder, for non-pay- ment of any assessment when due. 6. The assessment hereunder shall be in lieu of any other charge for the issuance of licenses to stevedores, pier superintendents, hiring agents and pier watchmen or for the registration of longshoremen or the use of an employment information center. The commission shall establish reasonable procedures for the consideration of protests by affected
employers concerning the estimates and computation of the rate of assessment. ARTICLE XIV GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES 1. The failure of any witness, when duly subpoenaed to attend, give testimony or produce other evidence, whether or not at a hearing, shall be punishable by the superior court in New Jersey and the supreme court in New York in the same manner as said failure is punishable by such court in a case therein pending. 2. Any person who, having been sworn or affirmed as a witness in any such hearing, shall wilfully give false testimony or who shall wilfully make or file any false or fraudulent report or statement required by this compact to be made or filed under oath, shall be guilty of a misde- meanor, punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year or both. 3. Any person who violates or attempts or conspires to violate any other provision of this compact shall be punishable as may be provided by the two states by action of the legislature of either state concurred in by the legislature of the other. 4. Any person who interferes with or impedes the orderly registration of longshoremen pursuant to this compact or who conspires to or attempts to interfere with or impede such registration shall be punishable as may be provided by the two states by action of the legislature of either state concurred in by the legislature of the other. 5. Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner prac- tices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from registering pursuant to this compact shall be punishable as may be provided by the two states by action of the legislature of either state concurred in by the legislature of the other. 6. In any prosecution under this compact, it shall be sufficient to prove only a single act (or a single holding out or attempt) prohibited by law, without having to prove a general course of conduct, in order to prove a violation. ARTICLE XV COLLECTIVE BARGAINING SAFEGUARDED 1. This compact is not designed and shall not be construed to limit in any way any rights granted or derived from any other statute or any rule of law for employees to organize in labor organizations, to bargain collectively and to act in any other way individually, collectively, and through labor organizations or other representatives of their own choos- ing. Without limiting the generality of the foregoing, nothing contained in this compact shall be construed to limit in any way the right of employees to strike. 2. This compact is not designed and shall not be construed to limit in any way any rights of longshoremen, hiring agents, pier superintendents or port watchmen or their employers to bargain collectively and agree upon any method for the selection of such employees by way of seniority, experience, regular gangs or otherwise, provided that such employees shall be licensed or registered hereunder and such longshoremen and port watchmen shall be hired only through the employment information centers
established hereunder and that all other provisions of this compact be observed. ARTICLE XVI AMENDMENTS; CONSTRUCTION; SHORT TITLE 1. Amendments and supplements to this compact to implement the purposes thereof may be adopted by the action of the legislature of either state concurred in by the legislature of the other. 2. If any part or provision of this compact or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the contro- versy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact or the application thereof to other persons or circumstances and the two states hereby declare that they would have entered into this compact or the remainder thereof had the invalidity of such provision or application thereof been apparent. 3. In accordance with the ordinary rules for construction of inter- state compacts this compact shall be liberally construed to eliminate the evils described therein and to effectuate the purposes thereof. 4. This compact shall be known and may be cited as the "Waterfront Commission Compact." PART II S 2. Expenses of administration. 1. Every person subject to the payment of any assessment under the provisions of section three of arti- cle XIII of the compact established by part I of this article shall file on or before the fifteenth day of the first month of each calendar quar- ter-year a separate return, together with the payment of the assessment due, for the preceding calendar quarter-year during which any payroll payments were made to longshoremen, pier superintendents, hiring agents or port watchmen for work performed as such within the district. Returns covering the amount of assessment payable shall be filed with the commission on forms to be furnished for such purpose and shall contain such data, information or matter as the commission may require to be included therein. The commission may grant a reasonable extension of time for filing returns, or for the payment of assessment, whenever good cause exists. Every return shall have annexed thereto a certif- ication to the effect that the statements contained therein are true. 2. Every person subject to the payment of assessment hereunder shall keep an accurate record of his employment of longshoremen, pier super- intendents, hiring agents or port watchmen, which shall show the amount of compensation paid and such other information as the commission may require. Such records shall be preserved for a period of three years and be open for inspection at reasonable times. The commission may consent to the destruction of any such records at any time after said period or may require that they be kept longer, but not in excess of six years. 3. (a) The commission shall audit and determine the amount of assess- ment due from the return filed and such other information as is avail- able to it. Whenever a deficiency in payment of the assessment is determined the commission shall give notice of any such determination to the person liable therefor. Such determination shall finally and conclusively fix the amount due, unless the person against whom it is
assessed shall, within thirty days after the giving of notice of such determination, apply in writing to the commission for a hearing, or unless the commission on its own motion shall reduce the same. After such hearing, the commission shall give notice of its decision to the person liable therefor. A determination of the commission under this section shall be subject to judicial review, if application for such review is made within thirty days after the giving of notice of such decision. Any determination under this section shall be made within five years from the time the return was filed and if no return was filed such determination may be made at any time. (b) Any notice authorized or required under this section may be given by mailing the same to the person for whom it is intended at the last address given by him to the commission, or in the last return filed by him with the commission under this section, or, if no return has been filed then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of same by the person to whom addressed. Any period of time, which is determined according to the provision of this section, for the giving of notice shall commence to run from the date of mailing of such notice. 4. Whenever any person shall fail to pay, within the time limited herein, any assessment which he is required to pay to the commission under the provisions of this section the commission may enforce payment of such fee by civil action for the amount of such assessment with interest and penalties. 5. The employment by a nonresident of a longshoreman, or a licensed pier superintendent, hiring agent or port watchman in either state or the designation by a nonresident of a longshoreman, pier superintendent, hiring agent or port watchman to perform work in such state shall be deemed equivalent to an appointment by such nonresident of the secretary of state of such state to be his true and lawful attorney upon whom may be served the process in any action or proceeding against him growing out of any liability for assessments, penalties or interest, and a consent that any such process against him which is so served shall be of the same legal force and validity as if served on him personally within such state and within the territorial jurisdiction of the court from which the process issues. Service of process within either state shall be made by either (1) personally delivering to and leaving with the secretary of state or a deputy secretary of state of such state dupli- cate copies thereof at the office of the department of state in the capitol city of such state, in which event such secretary of state shall forthwith send by registered mail one of such copies to the person at the last address designated by him to the commission for any purpose under this section or in the last return filed by him under this section with the commission or as shown on the records of the commission, or if no return has been filed, at his last known office address within or without such state, or (2) personally delivering to and leaving with the secretary of state or a deputy secretary of state of such state a copy thereof at the office of the department of state in the capitol city of such state and by delivering a copy thereof to the person, personally without such state. Proof of such personal service without such state shall be filed with the clerk of the court in which the process is pend- ing within thirty days after such service and such service shall be complete ten days after proof thereof is filed. 6. Whenever the commission shall determine that any moneys received as assessments were paid in error, it may cause the same to be refunded,
provided an application therefor is filed with the commission within two years from the time the erroneous payment was made. 7. In addition to any other powers authorized hereunder, the commis- sion shall have power to make reasonable rules and regulations to effec- tuate the purposes of this section. 8. When any person shall wilfully fail to pay any assessment due here- under he shall be assessed interest at a rate of one per cent per month on the amount due and unpaid and penalties of five per cent of the amount due for each thirty days or part thereof that the assessment remains unpaid. The commission, may, for good cause shown, abate all or part of such penalty. 9. Any person who shall wilfully furnish false or fraudulent informa- tion or shall wilfully fail to furnish pertinent information, as required, with respect to the amount of assessment due, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both. 10. All funds of the commission shall be deposited with such responsi- ble banks or trust companies as may be designated by the commission. The commission may require that all such deposits be secured by obli- gations of the United States or of the states of New York or New Jersey of a market value equal at all times to the amount of the deposits, and all banks and trust companies are authorized to give such security for such deposits. The moneys so deposited shall be withdrawn only by check signed by both members of the commission or by such other officers or employees of the commission as it may from time to time designate. 11. The accounts, books and records of the commission, including its receipts, disbursements, contracts, leases, investments and any other matters relating to its financial standing shall be examined and audited annually by independent auditors to be retained for such purpose by the commission. S 3. The commission shall reimburse each state for any funds advanced to the commission exclusive of sums appropriated pursuant to section four of article XIII of the compact established by part I of of this article. S 4. Penalties. Any person who shall violate any of the provisions of the compact or of section two of this part for which no other penalty is prescribed shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both. S 5. Federal funds. 1. The waterfront commission of New York harbor is hereby designated on its own behalf or as agent of the state of New York and the state of New Jersey, as provided by the act of the congress of the United States, effective June sixth, nineteen hundred thirty- three, entitled "An act to provide for the establishment of a national employment system and for cooperating with the states in the promotion of such system and for other purposes" as amended, for the purpose of obtaining such benefits of such act of congress as are necessary or appropriate to the establishment and operation of employment information centers authorized by section one of this article. 2. The commission shall have all powers necessary to cooperate with appropriate officers or agencies of either state or the United States, to take such steps, to formulate such plans, and to execute such projects (including but not limited to the establishment and operation of employment information centers) as may be necessary to obtain such benefits for the operations of the commission in accomplishing the purposes of this article.
3. The officer or agency heretofore designated by each of the two states pursuant to said act of June sixth, nineteen hundred thirty- three, as amended, is authorized and empowered, upon the request of the commission and subject to its direction, to exercise the powers and duties conferred upon the commission by the provisions of this section. S 5-a. Supplementary definitions. As used in the compact established by part I of this article: 1. "Stevedore" shall also include (a) contractors engaged for compen- sation pursuant to a contract or arrangement with the United States, any state or territory thereof, or any department, division, board, commis- sion or authority of one or more of the foregoing, in moving freight carried or consigned for carriage between any point in the port of New York district and a point outside said district on vessels of such a public agency berthed at piers, on piers at which such vessels are berthed or at other waterfront terminals, or (b) contractors (not including employees) engaged for compensation pursuant to a contract or arrangement with any person to perform labor or services incidental to the movement of waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals, including, but not limited to, cargo storage, cargo repairing, coopering, general maintenance, mechanical and miscellaneous work, horse and cattle fitting, grain ceiling, and marine carpentry, or (c) contractors (not including employees) engaged for compensation pursuant to a contract or arrangement with any other person to perform labor or services involving, or incidental to, the movement of freight into or out of containers (which have been or which will be carried by a carrier of freight by water) on vessels berthed at piers, on piers or at other waterfront terminals. 2. "Waterborne freight" shall also include freight described in para- graphs (a) and (c) of subdivision one of this section and in subdivision ten of this section and ships' stores, baggage and mail carried by or consigned for carriage by carriers of freight by water. 3. "Court of the United States" shall mean all courts enumerated in section four hundred fifty-one of title twenty-eight of the United States code and the courts-martial of the armed forces of the United States. 4. "Witness" shall mean any person whose testimony is desired in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this article. 5. "Checker" shall mean a longshoreman who is employed to engage in direct and immediate checking of waterborne freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores. 6. "Longshoreman" shall also include a natural person, other than a hiring agent, who is employed for work at a pier or other waterfront terminal: (a) either by a carrier of freight by water or by a stevedore phys- ically to perform labor or services incidental to the movement of water- borne freight on vessels berthed at piers, on piers or at other water- front terminals, including, but not limited to, cargo repairmen, coopers, general maintenance men, mechanical and miscellaneous workers, horse and cattle fitters, grain ceilers and marine carpenters, or (b) by any person physically to move waterborne freight to or from a barge, lighter or railroad car for transfer to or from a vessel of a
carrier of freight by water which is, shall be, or shall have been berthed at the same pier or other waterfront terminal, or (c) by any person to perform labor or services involving, or inci- dental to, the movement of freight at a waterfront terminal as defined in subdivision ten of this section. 7. "Compact" shall also include any amendments or supplements to the waterfront commission compact to implement the purposes thereof adopted by the action of the legislature of either the state of New York or the state of New Jersey concurred in by the legislature of the other and as established by part I of this article. 8. The term "select any longshoreman for employment" in the definition of a hiring agent in this act shall include selection of a person for the commencement or continuation of employment as a longshoreman, or the denial or termination of employment as a longshoreman. 9. "Hiring agent" shall also include any natural person, who on behalf of any other person shall select any longshoreman for employment. 10. "Other waterfront terminal" shall also include any warehouse, depot or other terminal (other than a pier), whether enclosed or open, which is located in a marine terminal in the port of New York district and any part of which is used by any person to perform labor or services involving, or incidental to, the movement of waterborne freight or freight. As used in this section, "marine terminal" means an area which includes piers, which is used primarily for the moving, warehousing, distributing or packing of waterborne freight or freight to or from such piers, and which, inclusive of such piers, is under common ownership or control; "freight" means freight which has been, or will be, carried by or consigned for carriage by a carrier of freight by water; and "container" means any receptacle, box, carton or crate which is specif- ically designed and constructed so that it may be repeatedly used for the carriage of freight by a carrier of freight by water. Whenever, as a result of legislative amendments to this article or of a ruling by the commission, registration as a longshoreman is required for any person to continue in his employment, such person shall be registered as a longshoreman without regard to the provisions of section five-p of this part, provided, however, that such person satisfies all the other requirements of this article for registration as a longshore- man. S 5-b. Additional powers of the commission. In addition to the powers and duties elsewhere described in this article, the commission shall have the following powers: 1. To issue temporary permits and permit temporary registrations under such terms and conditions as the commission may prescribe which shall be valid for a period to be fixed by the commission not in excess of six months. 2. To require any applicant for a license or registration or any prospective licensee to furnish such facts and evidence as the commis- sion may deem appropriate to enable it to ascertain whether the license or registration should be granted. 3. In any case in which the commission has the power to revoke, cancel or suspend any stevedore license the commission shall also have the power to impose as an alternative to such revocation, cancellation or suspension, a penalty, which the licensee may elect to pay to the commission in lieu of the revocation, cancellation or suspension. The maximum penalty shall be five thousand dollars for each separate
offense. The commission may, for good cause shown, abate all or part of such penalty. 4. To designate any officer, agent or employee of the commission to be an investigator who shall be vested with all the powers of a peace or police officer of the state of New York in that state, and of the state of New Jersey in that state. 5. To confer immunity, in the following manner: In any investigation, interview or other proceeding conducted under oath by the commission or any duly authorized officer, employee or agent thereof, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, and, notwithstanding such refusal, an order is made upon twenty-four hours prior written notice to the appropriate attorney general of the state of New York or the state of New Jersey, and to the appropriate district attorney or prosecutor having an official interest therein, by the unanimous vote of both members of the commission or their designees appointed pursuant to the provisions of section three of article III of the compact estab- lished by part I of this article, that such person answer the question or produce the evidence, such person shall comply with the order. If such person complies with the order, and if, but for this subdivision, he would have been privileged to withhold the answer given or the evidence produced by him, then immunity shall be conferred upon him, as provided for herein. "Immunity" as used in this subdivision means that such person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in accord- ance with the order by the unanimous vote of both members of the commis- sion or their designees appointed pursuant to the provisions of section three of article III of the compact established by part I of this arti- cle, he gave answer or produced evidence, and that no such answer given or evidence produced shall be received against him upon any criminal proceeding. But he may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury or contempt committed in answer- ing, or failing to answer, or in producing or failing to produce evidence, in accordance with the order, and any such answer given or evidence produced shall be admissible against him upon any criminal proceeding concerning such perjury or contempt. Immunity shall not be conferred upon any person except in accordance with the provisions of this subdivision. If, after compliance with the provisions of this subdivision, a person is ordered to answer a question or produce evidence of any other kind and complies with such order, and it is thereafter determined that the appropriate attorney general or district attorney or prosecutor having an official interest therein was not notified, such failure or neglect shall not deprive such person of any immunity otherwise properly conferred upon him. 6. To require any applicant for registration as a longshoreman, any applicant for registration as a checker or any applicant for registra- tion as a telecommunications system controller and any person who is sponsored for a license as a pier superintendent or hiring agent, any person who is an individual owner of an applicant stevedore or any persons who are individual partners of an applicant stevedore, or any officers, directors or stockholders owning five percent or more of any of the stock of an applicant corporate stevedore or any applicant for a license as a port watchman or any other category of applicant for regis- tration or licensing by law within the commission's jurisdiction to be fingerprinted by the commission.
6-a. To require any applicant for registration as a longshoreman, any applicant for registration as a checker or any applicant for registra- tion as a telecommunications system controller and any person who is sponsored for a license as a pier superintendent or hiring agent, any person who is an individual owner of an applicant stevedore or any persons who are individual partners of an applicant stevedore, or any officers, directors or stockholders owning five percent or more of any of the stock of an applicant corporate stevedore or any applicant for a license as a port watchman or any other category of applicant for regis- tration or licensing by law within the commission's jurisdiction who has: previously applied and had an application denied upon submission; been removed from registration; or, had a license suspended, or revoked and is reapplying for registration or licensing within the commission's jurisdiction to be fingerprinted by the commission. 7. To exchange fingerprint data with and receive state criminal histo- ry record information from the division of criminal justice services, as defined in subdivision one of section three thousand thirty-five of the education law, and federal criminal history record information from the federal bureau of investigation for use in making the determinations required by this article. 8. Notwithstanding any other provision of law to the contrary, to require any applicant for employment by the commission or person described in subdivision six-a of this section to be fingerprinted and to exchange fingerprint data with and receive state criminal history record information from the division of criminal justice services, as defined in subdivision one of section three thousand thirty-five of the education law, and federal criminal history information from the federal bureau of investigation for the purposes of this subdivision and subdi- visions six, six-a and seven of this section. S 5-c. Regularization of longshoremen's employment. 1. Notwithstand- ing any other provisions of article IX of the compact established by part I of this article, the commission shall have the power to remove from the longshoremen's register any person (including those persons registered as longshoremen for less than nine months) who shall have failed to have worked as a longshoreman in the port of New York district for such minimum number of days during a period of time as shall have been established by the commission. In administering this section, the commission, in its discretion, may count applications for employment as a longshoreman at an employment information center established under article XII of the compact established by part I of this article as constituting actual work as a longshoreman, provided, however, that the commission shall count as actual work the compensation received by any longshoreman pursuant to the guaranteed wage provisions of any collec- tive bargaining agreement relating to longshoremen. Prior to the commencement of any period of time established by the commission pursu- ant to this section, the commission shall establish for such period the minimum number of days of work required and the distribution of such days during such period and shall also determine whether or not applica- tion for employment as a longshoreman shall be counted as constituting actual work as a longshoreman. The commission may classify longshoremen according to length of service as a longshoreman and such other criteria as may be reasonable and necessary to carry out the provisions of this article. The commission shall have the power to vary the requirements of this section with respect to their application to the various classi- fications of longshoremen. In administering this section, the commission shall observe the standards set forth in section five-p of this part.
Nothing in this section shall be construed to modify, limit or restrict in any way any of the rights protected by article XV of the compact established by part I of this article. S 5-d. Additional violations. Any person who, having been duly sworn or affirmed as a witness in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this article, shall wilfully give false testimony shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year or both. S 5-g. Hearings. 1. At hearings conducted by the commission pursuant to article XI of the compact established by part I of this article, applicants, prospective licensees, licensees and registrants shall have the right to be accompanied and represented by counsel. 2. After the conclusion of a hearing but prior to the making of an order by the commission, a hearing may, upon petition and in the discretion of the hearing officer, be reopened for the presentation of additional evidence. Such petition to reopen the hearing shall state in detail the nature of the additional evidence, together with the reasons for the failure to submit such evidence prior to the conclusion of the hearing. The commission may upon its own motion and upon reasonable notice reopen a hearing for the presentation of additional evidence. Upon petition, after the making of an order of the commission, rehear- ing may be granted in the discretion of the commission. Such a petition for rehearing shall state in detail the grounds upon which the petition is based and shall separately set forth each error of law and fact alleged to have been made by the commission in its determination, together with the facts and arguments in support thereof. Such petition shall be filed with the commission not later than thirty days after service of such order, unless the commission for good cause shown shall otherwise direct. The commission may upon its own motion grant a rehearing after the making of an order. S 5-h. Denial of applications. In addition to the grounds elsewhere set forth in this article, the commission may deny an application for a license or registration for any of the following: 1. Conviction by a court of the United States or any state or territo- ry thereof of coercion; 2. Conviction by any such court, after having been previously convicted by any such court of any crime or of the offenses hereinafter set forth, of a misdemeanor or any of the following offenses: assault, malicious injury to property, malicious mischief, unlawful taking of a motor vehicle, corruption of employees or possession of lottery or number slips; or 3. Fraud, deceit or misrepresentation in connection with any applica- tion or petition submitted to, or any interview, hearing or proceeding conducted by the commission. 4. Violation of any provision of this article or commission of any offense thereunder. 5. Refusal on the part of any applicant, or prospective licensee, or of any member, officer or stockholder required by section two of article VI of the compact established by part I of this article to sign or be identified in an application for a stevedore license, to answer any material question or produce any material evidence in connection with his application or any application made on his behalf for a license or registration pursuant to this article.
6. Association with a person who has been identified by a federal, state, or local law enforcement agency as a member or associate of an organized crime group, a terrorist group, or a career offender cartel, or who is a career offender, under circumstances where such association creates a reasonable belief that the participation of the applicant in any activity required to be licensed under this article would be inimi- cal to the policies of this article. For the purpose of this section, (a) a terrorist group shall mean a group associated, affiliated or fund- ed in whole or in part by a terrorist organization designated by the secretary of state in accordance with section 219 of the immigration and nationality act, as amended from time to time, or any other organization which assists, funds or engages in acts of terrorism as defined in the laws of the United States, or of either of the states of New York (such as subdivision one of section 490.05 of the penal law) or New Jersey; and (b) a career offender shall mean a person whose behavior is pursued in an occupational manner or context for the purpose of economic gain utilizing such methods as are deemed criminal violations against the public policy of the states of New York and New Jersey, and a career offender cartel shall mean a number of career offenders acting in concert, and may include what is commonly referred to as an organized crime group. 7. Conviction of a racketeering activity or knowing association with a person who has been convicted of a racketeering activity by a court of the United States or any state or territory thereof under circumstances where such association creates a reasonable belief that the partic- ipation of the applicant in any activity required to be licensed under this article would be inimical to the policies of this article. S 5-i. Revocation of licenses and registrations. In addition to the grounds elsewhere set forth in this article, any license or registration issued or made pursuant thereto may be revoked or suspended for such period as the commission deems in the public interest or the licensee or registrant may be reprimanded, for: 1. Conviction of any crime or offense in relation to gambling, book- making, pool selling, lotteries or similar crimes or offenses if the crime or offense was committed at or on a pier or other waterfront terminal or within five hundred feet thereof; or 2. Wilful commission of, or wilful attempt to commit at or on a water- front terminal or adjacent highway, any act of physical injury to any other person or of wilful damage to or misappropriation of any other person's property, unless justified or excused by law; or 3. Receipt or solicitation of anything of value from any person other than a licensee's or registrant's employer as consideration for the selection or retention for employment of such licensee or registrant; or 4. Coercion of a licensee or registrant by threat of discrimination or violence or economic reprisal, to make purchases from or to utilize the services of any person; or 5. Refusal to answer any material question or produce any evidence lawfully required to be answered or produced at any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this article, or, if such refusal is accompanied by a valid plea of privilege against self-incrimination, refusal to obey an order to answer such question or produce such evidence made by the commission pursuant to the provisions of subdivision five of section five-b of this part.
6. Association with a person who has been identified by a federal, state, or local law enforcement agency as a member or associate of an organized crime group, a terrorist group, or a career offender cartel, or who is a career offender, under circumstances where such association creates a reasonable belief that the participation of the applicant in any activity required to be licensed under this article would be inimi- cal to the policies of this article. For the purpose of this section, (a) a terrorist group shall mean a group associated, affiliated or fund- ed in whole or in part by a terrorist organization designated by the secretary of state in accordance with section 219 of the immigration and nationality act, as amended from time to time, or any other organization which assists, funds or engages in acts of terrorism as defined in the laws of the United States, or of either of the states of New York (such as subdivision one of section 490.05 of the penal law) or New Jersey; and (b) a career offender shall mean a person whose behavior is pursued in an occupational manner or context for the purpose of economic gain utilizing such methods as are deemed criminal violations against the public policy of the states of New York and New Jersey, and a career offender cartel shall mean a number of career offenders acting in concert, and may include what is commonly referred to as an organized crime group. 7. Conviction of a racketeering activity or knowing association with a person who has been convicted of a racketeering activity by a court of the United States or any state or territory thereof under circumstances where such association creates a reasonable belief that the partic- ipation of the applicant in any activity required to be licensed under this article would be inimical to the policies of this article. S 5-j. Removal of port watchmen's ineligibility. Any port watchman ineligible for a license by reason of the provisions of subdivision (b) of section three of article X of the compact established by part I of this article may petition for and the commission may issue an order removing the ineligibility in the manner provided in subdivision (b) of section three of article V of the compact established by part I of this article. S 5-k. Petition for order to remove an ineligibility. A petition for an order to remove an ineligibility under subdivision (b) of section three of article V, subdivision (e) of section three of article VI, subdivision (b) of section three of article X of the compact established by part I of this article, or subdivision three (b) of section five-n of this part may be made to the commission before or after the hearing required by article XI of the compact established by part I of this article. S 5-l. Denial of stevedore applications. In addition to the grounds elsewhere set forth in this article the commission shall not grant an application for a license as stevedore 1. If on or after July first, nineteen hundred fifty-six, the appli- cant has paid, given, caused to have been paid or given or offered to pay or give to any agent of any carrier of freight by water any valuable consideration for an improper or unlawful purpose or, without the know- ledge and consent of such carrier, to induce such agent to procure the employment of the applicant by such carrier or its agent for the performance of stevedoring services. S 5-n. Checkers. 1. The commission shall establish within the longshoremen's register a list of all qualified longshoremen eligible, as hereinafter provided, for employment as checkers in the port of New York district. No person shall act as a checker within the port of New
York district unless at the time he is included in the longshoremen's register as a checker, and no person shall employ another to work as a checker within the port of New York district unless at the time such other person is included in the longshoremen's register as a checker. 2. Any person applying for inclusion in the longshoremen's register as a checker shall file at any such place and in such manner as the commis- sion shall designate a written statement, signed and verified by such person, setting forth the following: (a) The full name, residence, place and date of birth and social secu- rity number of the applicant; (b) The present and previous occupations of the applicant, including the places where he was employed and the names of his employers; (c) Such further facts and evidence as may be required by the commis- sion to ascertain the character, integrity and identity of the appli- cant. 3. No person shall be included in the longshoremen's register as a checker (a) Unless the commission shall be satisfied that the applicant possesses good character and integrity; (b) If the applicant has, without subsequent pardon, been convicted by a court of the United States or any state or territory thereof, of the commission of, or the attempt or conspiracy to commit treason, murder, manslaughter or any felony or high misdemeanor or any of the following misdemeanors or offenses: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instru- ments; buying or receiving stolen property; unlawful entry of a build- ing; aiding an escape from prison; unlawfully possessing, possessing with intent to distribute, sale or distribution of a controlled danger- ous substance (controlled substance) or, in New Jersey, a controlled dangerous substance analog (controlled substance analog); petty larceny, where the evidence shows the property was stolen from a vessel, pier or other waterfront terminal; and violation of the compact. Any such applicant ineligible for inclusion in the longshoremen's register as a checker by reason of any such conviction may submit satisfactory evidence to the commission that he has for a period of not less than five years, measured as hereinafter provided, and up to the time of application, so conducted himself as to warrant inclusion in the longshoremen's register as a checker, in which event the commission may, in its discretion, issue an order removing such ineligibility. The afor- esaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commutation or termination of his sentence; (c) If the applicant knowingly or wilfully advocates the desirability of overthrowing or destroying the government of the United States by force or violence or shall be a member of a group which advocates such desirability, knowing the purposes of such group include such advocacy. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possesses the qualifications and requirements prescribed by this section, the commission shall include the applicant in the longshoremen's register as a checker. The commission may permit tempo- rary registration as a checker to any applicant under this section pend- ing final action on an application made for such registration, under such terms and conditions as the commission may prescribe, which shall
be valid for a period to be fixed by the commission, not in excess of six months. 5. The commission shall have power to reprimand any checker registered under this section or to remove him from the longshoremen's register as a checker for such period of time as it deems in the public interest for any of the following offenses: (a) Conviction of a crime or other cause which would permit disquali- fication of such person from inclusion in the longshoremen's register as a checker upon original application; (b) Fraud, deceit or misrepresentation in securing inclusion in the longshoremen's register as a checker or in the conduct of the registered activity; (c) Violation of any of the provisions of the compact established by part I of this article; (d) Conviction of a crime involving unlawfully possessing, possession with intent to distribute, sale or distribution of a controlled danger- ous substance (controlled substance) or, in New Jersey, a controlled dangerous substance analog (controlled substance analog); (e) Inducing or otherwise aiding or abetting any person to violate the terms of the compact established by part I of this article; (f) Paying, giving, causing to be paid or given or offering to pay or give to any person any valuable consideration to induce such other person to violate any provision of the compact or to induce any public officer, agent or employee to fail to perform his duty under the compact; (g) Consorting with known criminals for an unlawful purpose; (h) Transfer or surrender of possession to any person either temporar- ily or permanently of any card or other means of identification issued by the commission as evidence of inclusion in the longshoremen's regis- ter without satisfactory explanation; (i) False impersonation of another longshoreman or of another person licensed under the compact. 6. The commission shall have the right to recover possession of any card or other means of identification issued as evidence of inclusion in the longshoremen's register as a checker in the event that the holder thereof has been removed from the longshoremen's register as a checker. 7. Nothing contained in this section shall be construed to limit in any way any rights of labor reserved by article XV of the compact estab- lished by part I of this article. S 5-o. Supplementary violations. Any person who, without justifica- tion or excuse in law, directly or indirectly intimidates or inflicts any injury, damage, harm, loss or economic reprisal upon any person licensed or registered by the commission, or any other person, or attempts, conspires or threatens so to do, in order to interfere with, impede or influence such licensed or registered person in the perform- ance or discharge of his duties or obligations shall be punishable as provided in section four of this part. S 5-p. Suspension or acceptance of applications for inclusion in longshoremen's register; exceptions. 1. The commission shall have the power to make determinations to suspend the acceptance of application for inclusion in the longshoremen's register for such periods of time as the commission may from time to time establish and, after any such peri- od of suspension, the commission shall have the power to make determi- nations to accept applications for such period of time as the commission may establish or in such number as the commission may determine, or both. Such determinations to suspend or accept applications shall be
made by the commission: (a) on its own initiative or (b) upon the joint recommendation in writing of stevedores and other employers of long- shoremen in the port of New York district, acting through their repre- sentative for the purpose of collective bargaining with a labor organ- ization representing such longshoremen in such district and such labor organization or (c) upon the petition in writing of a stevedore or another employer of longshoremen in the port of New York district which does not have a representative for the purpose of collective bargaining with a labor organization representing such longshoremen. The commission shall have the power to accept or reject such joint recommendation or petition. All joint recommendations or petitions filed for the acceptance of applications with the commission for inclusion in the longshoremen's register shall include: (a) the number of employees requested; (b) the category or categories of employees requested; (c) a detailed statement setting forth the reasons for said joint recommendation or petition; (d) in cases where a joint recommendation is made under this section, the collective bargaining representative of stevedores and other employ- ers of longshoremen in the port of New York district and the labor organization representing such longshoremen shall provide the allocation of the number of persons to be sponsored by each employer of longshore- men in the port of New York district; and (e) any other information requested by the commission. 2. In administering the provisions of this section, the commission shall observe the following standards: (a) To encourage as far as practicable the regularization of the employment of longshoremen; (b) To bring the number of eligible longshoremen into balance with the demand for longshoremen's services within the port of New York district without reducing the number of eligible longshoremen below that neces- sary to meet the requirements of longshoremen in the port of New York district; (c) To encourage the mobility and full utilization of the existing work force of longshoremen; (d) To protect the job security of the existing work force of long- shoremen by considering the wages and employment benefits of prospective registrants; (e) To eliminate oppressive and evil hiring practices injurious to waterfront labor and waterborne commerce in the port of New York district, including, but not limited to, those oppressive and evil hiring practices that may result from either a surplus or shortage of waterfront labor; (f) To consider the effect of technological change and automation and such other economic data and facts as are relevant to a proper determi- nation; (g) To protect the public interest of the port of New York district. In observing the foregoing standards and before determining to suspend or accept applications for inclusion in the longshoremen's register, the commission shall consult with and consider the views of, including any statistical data or other factual information concerning the size of the longshoremen's register submitted by, carriers of freight by water, stevedores, waterfront terminal owners and operators, any labor organ- ization representing employees registered by the commission, and any
other person whose interests may be affected by the size of the longshoremen's register. Any joint recommendation or petition granted hereunder shall be subject to such terms and conditions as the commission may prescribe. 3. Any determination by the commission pursuant to this section to suspend or accept applications for inclusion in the longshoremen's register shall be made upon a record, shall not become effective until five days after notice thereof to the collective bargaining represen- tative of stevedores and other employers of longshoremen in the port of New York district and to the labor organization representing such long- shoremen and/or the petitioning stevedore or other employer of long- shoremen in the port of New York district and shall be subject to judi- cial review for being arbitrary, capricious, and an abuse of discretion in a proceeding jointly instituted by such representative and such labor organization and/or by the petitioning stevedore or other employer of longshoremen in the port of New York district. Such judicial review proceeding may be instituted in either state in the manner provided by the law of such state for review of the final decision or action of administrative agencies of such state, provided, however, that such proceeding shall be decided directly by the appellate division as the court of first instance (to which the proceeding shall be transferred by order of transfer by the supreme court in the state of New York or in the state of New Jersey by notice of appeal from the commission's deter- mination) and provided further that notwithstanding any other provision of law in either state no court shall have power to stay the commis- sion's determination prior to final judicial decision for more than fifteen days. In the event that the court enters a final order setting aside the determination by the commission to accept applications for inclusion in the longshoremen's register, the registration of any long- shoremen included in the longshoremen's register as a result of such determination by the commission shall be cancelled. This section shall apply, notwithstanding any other provision of this article, provided however, such section shall not in any way limit or restrict the provisions of section five of article IX of the compact established by part I of this article empowering the commission to register longshoremen on a temporary basis to meet special or emergency needs or the provisions of section four of article IX of the compact established by part I of this article relating to the immediate rein- statement of persons removed from the longshoremen's register pursuant to article IX of the compact established by part I of this article. Nothing in this section shall be construed to modify, limit or restrict in any way any of the rights protected by article XV of the compact established by part I of this article. 4. Upon the granting of any joint recommendation or petition under this section for the acceptance of applications for inclusion in the longshoremen's register, the commission shall accept applications upon written sponsorship from the prospective employer of longshoremen. The sponsoring employer shall furnish the commission with the name, address and such other identifying or category information as the commission may prescribe for any person so sponsored. The sponsoring employer shall certify that the selection of the persons so sponsored was made in a fair and non-discriminatory basis in accordance with the requirements of the laws of the United States and the states of New York and New Jersey dealing with equal employment opportunities. Notwithstanding any of the foregoing, where the commission determines to accept applications for inclusion in the longshoremen's register on
its own initiative, such acceptance shall be accomplished in such manner deemed appropriate by the commission. 5. Notwithstanding any other provision of this article, the commission may include in the longshoremen's register under such terms and condi- tions as the commission may prescribe: (a) a person issued registration on a temporary basis to meet special or emergency needs who is still so registered by the commission; (b) a person defined as a longshoreman in subdivision six of section five-a of this part who is employed by a stevedore defined in paragraph (b) or (c) of subdivision one of said section five-a of this part and whose employment is not subject to the guaranteed annual income provisions of any collective bargaining agreement relating to longshore- men; (c) no more than twenty persons issued registration limited to acting as scalemen pursuant to the provisions of chapter 953 of the laws of 1969 and chapter 64 of the laws of 1982 who are still so registered by the commission and who are no longer employed as scalemen on the effec- tive date of this subdivision; (d) a person issued registration on a temporary basis as a checker to meet special or emergency needs who applied for such registration prior to January 15, 1986 and who is still so registered by the commission; (e) a person issued registration on a temporary basis as a checker to meet special or emergency needs in accordance with a waterfront commis- sion resolution of September 4, 1996 and who is still so registered by the commission; (f) a person issued registration on a temporary basis as a container equipment operator to meet special or emergency needs in accordance with a waterfront commission resolution of September 4, 1996 and who is still so registered by the commission; and (g) a person issued registration on a temporary basis as a longshore- man to meet special or emergency needs in accordance with a waterfront commission resolution of September 4, 1996 and who is still so regis- tered by the commission. 6. The commission may include in the longshoremen's register, under such terms and conditions as the commission may prescribe, persons issued registration on a temporary basis as a longshoreman or a checker to meet special or emergency needs and who are still so registered by the commission upon the enactment of this section. S 5-q. Temporary suspension of permits, licenses and registrations. 1. The commission may temporarily suspend a temporary permit or a permanent license or a temporary or permanent registration pursuant to the provisions of subdivision four of article XI of the compact established by part I of this article until further order of the commission or final disposition of the underlying case, only where the permittee, licensee or registrant has been indicted for, or otherwise charged with, a crime which is equivalent to a felony in the state of New York or to a crime of the third, second or first degree in the state of New Jersey or only where the permittee or licensee is a port watchman who is charged by the commission pursuant to article XI of the compact established by part I of this article with misappropriating any other person's property at or on a pier or other waterfront terminal. 2. In the case of a permittee, licensee or registrant who has been indicted for, or otherwise charged with, a crime, the temporary suspen- sion shall terminate immediately upon acquittal or upon dismissal of the criminal charge. A person whose permit, license or registration has been temporarily suspended may, at any time, demand that the commission
conduct a hearing as provided for in article XI of the compact estab- lished by part I of this article. Within sixty days of such demand, the commission shall commence the hearing and, within thirty days of receipt of the administrative judge's report and recommendation, the commission shall render a final determination thereon; provided, however, that these time requirements, shall not apply for any period of delay caused or requested by the permittee, licensee or registrant. Upon failure of the commission to commence a hearing or render a determination within the time limits prescribed herein, the temporary suspension of the licensee or registrant shall immediately terminate. Notwithstanding any other provision of this subdivision, if a federal, state, or local law enforcement agency or prosecutor's office shall request the suspension or deferment of any hearing on the ground that such a hearing would obstruct or prejudice an investigation or prosecution, the commission may in its discretion, postpone or defer such hearing for a time certain or indefinitely. Any action by the commission to postpone a hearing shall be subject to immediate judicial review as provided in subdivision seven of article XI of the compact established by part I of this arti- cle. 3. The commission may in addition, within its discretion, bar any permittee, licensee or registrant whose license or registration has been suspended pursuant to the provisions of subdivision one of this section, from any employment by a licensed stevedore or a carrier of freight by water during the period of such suspension, if the alleged crime that forms the basis of such suspension involves the possession with intent to distribute, sale, or distribution of a controlled dangerous substance (controlled substance) or, in New Jersey, controlled dangerous substance analog (controlled substance analog), racketeering or theft from a pier or waterfront terminal. S 5-r. Continuance of port watchmen's licenses. Notwithstanding any provision of section five of article X of the compact established by part I of this article, a license to act as a port watchman shall continue and need not be renewed, provided the licensee shall, as required by the commission: 1. Submit to a medical examination and meet the physical and mental fitness standards established by the commission pursuant to section three of article X of the compact established by part I of this article; 2. Complete a refresher course of training; and 3. Submit supplementary personal history information. S 5-s. Regularization of port watchmen's employment. The commission shall, at regular intervals, cancel the license or temporary permit of a port watchman who shall have failed during the preceding twelve months to have worked as a port watchman in the port of New York district a minimum number of hours as shall have been established by the commis- sion, except that immediate restoration of such license or temporary permit shall be made upon proper showing that the failure to so work was caused by the fact that the licensee or permittee was engaged in the military service of the United States or was incapacitated by ill health, physical injury or other good cause. S 5-t. Duration of stevedore's license. A stevedore's license granted pursuant to article VI of the compact established by part I of this article shall be for a term of five years or fraction of such five year period, and shall expire on the first day of December. In the event of the death of the licensee, if a natural person, or its termination or dissolution by reason of a death of a partner, if a partnership, or if the licensee shall cease to be a party to any contract of the type
required by subdivision (d) of section three of article VI of the compact established by part I of this article, the license shall termi- nate ninety days after such event or upon its expiration date, whichever shall be sooner. A license may be renewed by the commission for succes- sive five year periods upon fulfilling the same requirements as are set forth in article VI of the compact established by part I of this article for an original application for a stevedore's license. S 5-u. Implementation of telecommunications hiring system for long- shoremen and checkers and registration of telecommunications system controller. 1. The commission may designate one of the employment information centers it is authorized to establish and maintain under article XII of the compact established by part I of this article for the implementation of a telecommunications hiring system through which long- shoremen and checkers may be hired and accept employment without any personal appearance at said center. Any such telecommunications hiring system shall incorporate hiring and seniority agreements between the employers of longshoremen and checkers and the labor organization representing longshoremen and checkers in the port of New York district, provided said agreements are not in conflict with the provisions of this article. 2. The commission shall permit employees of the association represent- ing employers of longshoremen and checkers and of the labor organization representing longshoremen and checkers in the port of New York district, or of a joint board of such association and labor organization, to participate in the operation of said telecommunications hiring system, provided that any such employee is registered by the commission as a "telecommunications system controller" in accordance with the provisions, standards and grounds set forth in this article with respect to the registration of checkers. No person shall act as a "telecommuni- cations system controller" unless he or she is so registered. Any application for such registration and any registration made or issued may be denied, revoked, cancelled or suspended, as the case may be, only in the manner prescribed in article XI of the compact established by part I of this article. Any and all such participation in the operation of said telecommunications hiring system shall be monitored by the commission. 3. Any and all records, documents, tapes, discs and other data compiled, collected or maintained by said association of employers, labor organization and joint board of such association and labor organ- ization pertaining to the telecommunications hiring system shall be available for inspection, investigation and duplication by the commis- sion. PART III S 6. Commission established for New York state. Unless and until the provisions of the compact contained in part I of this article shall have been concurred in by the state of New Jersey, the consent of congress given thereto, and the commission, provided for therein, established: 1. The provisions of such compact and sections two, three, four and five of part II of this article shall apply to and be in full force and effect within the state of New York, except as limited by this section, and any violation of such compact or section shall be a violation of the laws of the state of New York, provided, however, that (with respect to the definitions contained in such compact): (a) "The port of New York district" shall mean only that portion of the district within the state of New York;
(b) The "commission", hereinafter referred to in this section as the "New York commission", shall mean and consist of the member appointed by the governor of this state by and with the advice and consent of the senate, and he shall possess and exercise all the powers and duties of the commission set forth in part I of this article and any other powers and duties conferred herein; (c) The powers and duties of any other officer or agency of this state prescribed by part I of this article or otherwise by this article shall be effective as if the provisions of the compact were effective as a law of this state; and (d) The New York commission shall not be deemed to be a body corporate and politic and shall be in the executive department of this state. 2. The New York commission is authorized to cooperate with a similar commission of the state of New Jersey, to exchange information on any matter pertinent to the purposes of this article, and to enter into reciprocal agreements for the accomplishment of such purposes, including but not limited to the following objectives: (a) To provide for the reciprocal recognition of any license issued or registration made by either commission; (b) To give reciprocal effect to any revocation, suspension or repri- mand with respect to any licensee, and any reprimand or removal from a longshoremen's register; (c) To provide that any act or omission by a licensee or registrant in either state which would be a basis for disciplinary action against such licensee or registrant if it occurred in the state in which the license was issued or the person registered shall be the basis for disciplinary action in both states; (d) To provide that longshoremen registered in either state, who perform work or who apply for work at an employment information center within the other state shall be deemed to have performed work or to have applied for work in the state in which they are registered. 3. Notwithstanding any other provision of law, the officers, employees and agents of the commission established by this section may be appointed or employed without regard to their state of residence. Such commission may appoint or employ the same person to a similar office or employment in this state as he holds in a similar commission or agency of the state of New Jersey. Notwithstanding any other provision of this article, for the purpose of providing for the commission's expenses of administration during the remainder of the calendar year following the effective date of this article, and until June thirtieth, nineteen hundred fifty-four the assessment for such expense shall be at the rate of one and one-half per cent. Such assessment shall be made, collected and enforced in accord- ance with article XIII of the compact established by part I of this article and part II of this article. S 7. Prohibition against loitering. No person shall, without a satis- factory explanation, loiter upon any vessel, dock, wharf, pier, bulk- head, terminal, warehouse, or other waterfront facility or within five hundred feet thereof in that portion of the port of New York district within the state of New York. S 8. Prohibition against unions having officers, agents or employees who have been convicted of certain crimes and offenses. No person shall solicit, collect or receive any dues, assessments, levies, fines or contributions, or other charges within the state for or on behalf of any labor organization which represents employees registered or licensed pursuant to the provisions of this article or which derives its charter
from a labor organization representing one hundred or more of such registered or licensed employees, if any officer, agent or employee of such labor organization, or of a welfare fund or trust administered partially or entirely by such labor organization or by trustees or other persons designated by such labor organization, has been convicted by a court of the United States, or any state or territory thereof, of a felony, any misdemeanor involving moral turpitude or any crime or offense enumerated in subdivision three (b) of section five-n of part II of this article, unless he has been subsequently pardoned therefor by the governor or other appropriate authority of the state or jurisdiction in which such conviction was had or has received a certificate of good conduct from the board of parole pursuant to the provisions of the exec- utive law to remove the disability. No person so convicted shall serve as an officer, agent or employee of such labor organization, welfare fund or trust unless such person has been so pardoned or has received a certificate of good conduct. No person, including such labor organiza- tion, welfare fund or trust, shall knowingly permit such convicted person to assume or hold any office, agency, or employment in violation of this section. As used in this section, the term "labor organization" shall mean and include any organization which exists and is constituted for the purpose in whole or in part of collective bargaining, or of dealing with employ- ers concerning grievances, terms and conditions of employment, or of other mutual aid or protection; but it shall not include a federation or congress of labor organizations organized on a national or interna- tional basis even though one of its constituent labor organizations may represent persons so registered or licensed. Any person who shall violate this section shall be guilty of a misde- meanor punishable by a fine of not more than five hundred dollars or imprisonment for not more than one year or both. S 8-a. Exception to section eight for certain employees. If upon application to the commission by an employee who has been convicted of a crime or offense specified in section eight of this part the commission, in its discretion, determines in an order that it would not be contrary to the purposes and objectives of this article for such employee to work in a particular employment for a labor organization, welfare fund or trust within the meaning of section eight of this part, the provisions of section eight of this part shall not apply to the particular employ- ment of such employee with respect to such conviction or convictions as are specified in the commission's order. This section is applicable only to those employees who for wages or salary perform manual, mechan- ical, or physical work of a routine or clerical nature at the premises of the labor organization, welfare fund or trust by which they are employed. PART IV S 10. Compact. The state of New York hereby agrees with the state of New Jersey, upon the enactment by the state of New Jersey of legislation having the same effect as this section, to the following compact: ARTICLE I FINDINGS AND DECLARATIONS 1. The states of New York and New Jersey hereby find and declare that the movement of freight through the two states is vital to their econo- mies and prosperity; that ever increasing amounts of such freight are
being carried by the air freight industry; that said air freight indus- try in the two states constitutes an inseparable and integral unit of the commerce of the two states; that criminal and racketeer elements have infiltrated the air freight industry; that such criminal infil- tration is threatening the growth of said air freight industry; that one of the means by which such criminal and racketeer elements infil- trate the air freight industry is by posing as labor relations consult- ants and that firms handling air freight are often forced to employ or engage such persons; that the air freight industry is suffering an alarming rise in the amount of pilferage and theft of air freight; and that it is imperative to the continued growth and economic well-being of the states of New York and New Jersey that every possible effective measure be taken to prevent the pilferage and theft of air freight and the criminal infiltration of the air freight industry. 2. The states of New York and New Jersey hereby find and declare that many of the evils existing in the air freight industry result not only from the causes above described but from the lack of regulation of the air freight industry in and about the port of New York district; that the air freight industry is affected with a public interest requiring regulation, just as the states of New York and New Jersey have hereto- fore found and declared in respect to the shipping industry; and that such regulation of the air freight industry shall be deemed an exercise of the police power of the two states for the protection of the public safety, welfare, prosperity, health, peace and living conditions of the people of the states. ARTICLE II DEFINITIONS As used in this compact: 1. "Commission" shall mean the waterfront and airport commission of New York and New Jersey established by part I, article III, of this compact. 2. "Airport" shall mean any area on land, water or building or any other facility located within the states of New York and New Jersey (except a military installation of the United States government) (a) which is located within one hundred miles of any point in the port of New York district, (b) which is used, or intended for use, for the land- ing and take-off of aircraft operated by an air carrier, and any appur- tenant areas which are used or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings, equipment, aircraft, and facilities located thereon, and (c) where the total tonnage of air freight in a calendar year loaded and unloaded on and from aircraft exceeds twenty thousand tons. 3. "Air carrier" shall mean any person who may be engaged or who may hold himself out as willing to be engaged, whether as a common carrier, as a contract carrier or otherwise, in the carriage of freight by air. 4. "Air freight" shall mean freight (including baggage, aircraft stores and mail) which is, has been, or will be carried by or consigned for carriage by an air carrier. 5. "Air freight terminal" shall include any warehouse, depot or other terminal (other than an airport) (a) any part of which is located within an airport and any part of which is used for the storage of air freight, or (b) which is operated by an air carrier or a contractor of an air carrier and any part of which is used for the storage of air freight and any part of which is located within the port of New York district.
6. "Air freight terminal operator" shall mean the owner, lessee, or contractor or such other person (other than an employee) who is in direct and immediate charge and control of an air freight terminal, or any portion thereof. 7. "Air freight truck carrier" shall mean a contractor (other than an employee) engaged for compensation pursuant to a contract or arrange- ment, directly or indirectly, with an air carrier or air carriers or with an air freight terminal operator or operators in the moving of freight to or from an airport or air freight terminal by a truck or other motor vehicle used primarily for the transportation of property. 8. "Air freight security area" shall mean any area located within the airport to which the commission determines that limited ingress and egress is required for the protection and security of any air freight located within the airport. 9. "Airfreightman" shall mean a natural person who is employed (a) by any person to physically move or to perform services incidental to the movement of air freight at an airport or in an air freight termi- nal; or (b) by an air carrier or an air freight terminal operator or an air freight truck carrier to transport or to assist in the transportation of air freight to or from an airport or air freight terminal; or (c) by any person to engage in direct and immediate checking of any air freight located in an airport or in an air freight terminal or of the custodial accounting therefor. 10. "Airfreightman supervisor" shall mean a natural person who is employed to supervise directly and immediately the work of an airfr- eightman at an airport or at an air freight terminal. 11. "Airfreightman labor relations consultant" shall mean any person who, pursuant to any contract or arrangement, advises or represents an air carrier, an air freight terminal operator, or an air freight truck carrier, or an organization of such employers (whether or not incorpo- rated), or a labor organization representing any airfreightmen or airfr- eightman supervisors, concerning the organization or collective bargain- ing activities of airfreightmen or airfreightman supervisors, but shall not include any person designated by any government official or body to so act or any person duly licensed to practice law as an attorney in any jurisdiction. As used in this paragraph, the term "labor organization" shall mean and include any labor organization to which section eleven of part V of this compact is applicable. 12. "Person" shall mean not only a natural person but also any part- nership, joint venture, association, corporation or any other legal entity but shall not include the United States, any state or territory thereof or any department, division, board, commission or authority of one or more of the foregoing or any officer or employee thereof while engaged in the performance of his official duties. 13. "The port of New York district" shall mean the district created by article II of the compact dated April thirtieth, nineteen hundred twen- ty-one, between the states of New York and New Jersey, authorized by chapter one hundred fifty-four of the laws of New York of nineteen hundred twenty-one and chapter one hundred fifty-one of the laws of New Jersey of nineteen hundred twenty-one, and any amendments thereto. 14. "Court of the United States" shall mean all courts enumerated in section four hundred fifty-one of title twenty-eight of the United States code and the courts-martial of the armed forces of the United States.
15. "Witness" shall mean any person whose testimony is desired in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this compact. 16. "Compact" shall mean this compact and rules and regulations lawfully promulgated thereunder and shall also include any amendments or supplements to this compact to implement the purposes thereof adopted by the action of the legislature of either the state of New York or the state of New Jersey concurred in by the legislature of the other. ARTICLE III GENERAL POWERS OF THE COMMISSION In addition to the powers and duties of the commission conferred in parts I, II, III, and V of this article, the commission shall have the power: 1. To administer and enforce the provisions of this compact; 2. To establish such divisions and departments within the commission as the commission may deem necessary and to appoint such officers, agents and employees as it may deem necessary, prescribe their powers, duties and qualifications and fix their compensation and retain and employ counsel and private consultants on a contract basis or otherwise; 3. To make and enforce such rules and regulations as the commission may deem necessary to effectuate the purposes of this compact or to prevent the circumvention or evasion thereof including, but not limited to, rules and regulations (which shall be applicable to any person licensed by the commission, his employer, or any other person within an airport) to provide for the maximum protection of air freight, such as checking and custodial accounting, guarding, storing, fencing, gatehous- es, access to air freight, air freight loss reports, and any other requirements which the commission in its discretion may deem to be necessary and appropriate to provide such maximum protection. The rules and regulations of the commission shall be effective upon publication in the manner which the commission shall prescribe and upon filing in the office of the secretary of state of each state. A certified copy of any such rules and regulations, attested as true and correct by the commis- sion, shall be presumptive evidence of the regular making, adoption, approval and publication thereof; 4. To have for its members and its properly designated officers, agents and employees, full and free access, ingress and egress to and from all airports, air freight terminals, all aircraft traveling to or from an airport and all trucks or other motor vehicles or equipment which are carrying air freight to or from any airport or air freight terminal for the purposes of conducting investigations, making inspections or enforcing the provisions of this compact; and no person shall obstruct or in any way interfere with any such member, officer, employee or agent in the making of such investigation or inspection or in the enforcement of the provisions of this compact or in the perform- ance of any other power or duty under this compact; 5. To make investigations, collect and compile information concerning airport practices generally, and upon all matters relating to the accom- plishment of the objectives of this compact; 6. To advise and consult with representatives of labor and industry and with public officials and agencies concerned with the effectuation of the purposes of this compact, upon all matters which the commission may desire, including but not limited to the form and substance of rules and regulations and the administration of the compact and the expe-
ditious handling and efficient movement of air freight consistent with the security of such air freight; 7. To make annual and other reports to the governors and legislatures of both states containing recommendations for the effectuation of the purposes of this compact; 8. To issue temporary licenses and temporary permits under such terms and conditions as the commission may prescribe; 9. In any case in which the commission has the power to revoke or suspend any license or permit the commission shall also have the power to impose as an alternative to such revocation or suspension, a penalty, which the licensee or permittee may elect to pay the commission in lieu of the revocation or suspension. The maximum penalty shall be five thousand dollars for each separate offense. The commission may, for good cause shown, abate all or part of such penalty; 10. To determine the location, size and suitability of field and administrative offices and any other accommodations necessary and desir- able for the performance of the commission's duties under this compact; 11. To acquire, hold and dispose of real and personal property, by gift, purchase, lease, license or other similar manner, for its corpo- rate purposes, and in connection therewith to borrow money; 12. To recover possession of any card or other means of identification issued by the commission as evidence of a license or permit in the event that the holder thereof no longer is a licensee or permittee; 13. To require any licensee or permittee to exhibit upon demand the license or permit issued to him by the commission or to wear such license or permit. The powers and duties of the commission may be exercised by officers, employees and agents designated by them, except the power to make rules and regulations. The commission shall have such additional powers and duties as may hereafter be delegated to or imposed upon it from time to time by the action of the legislature of either state concurred in by the legislature of the other. ARTICLE IV AIRFREIGHTMEN AND AIRFREIGHTMAN SUPERVISORS 1. On and after the ninetieth day after the effective date of this compact, no person shall act as an airfreightman or an airfreightman supervisor within the state of New York or the state of New Jersey with- out having first obtained from the commission a license to act as such airfreightman or airfreightman supervisor, as the case may be, and no person shall employ another person to act as an airfreightman or airfr- eightman supervisor who is not so licensed. 2. A license to act as an airfreightman or airfreightman supervisor shall be issued only upon the written application, under oath, of the person proposing to employ or engage another person to act as such airfreightman or airfreightman supervisor, verified by the prospective licensee as to the matters concerning him, and shall set forth the prospective licensee's full name, residence address, social security number, and such further facts and evidence as may be required by the commission to determine the identity, the existence of a criminal record, if any, and the eligibility of the prospective licensee for a license. 3. The commission may in its discretion deny the application for such license submitted on behalf of a prospective licensee for any of the following causes:
(a) Conviction by a court of the United States or any state or terri- tory thereof, without subsequent pardon, of the commission of, or the attempt or conspiracy to commit, treason, murder, manslaughter, coercion or any felony or high misdemeanor or any of the following misdemeanors or offenses (excluding, however, any conviction for a misdemeanor or lesser offense arising out of physical misconduct committed during the course of lawful organizational or collective bargaining activities of any labor organization): illegally using, carrying or possessing a pistol or other dangerous weapon; making, manufacturing or possessing burglar's instruments; buying or receiving stolen property; criminal possession of stolen property; unlawful entry of a building; criminal trespass; aiding an escape from prison; and unlawfully possessing, selling or distributing a dangerous drug; (b) Conviction by any such court, after having been previously convicted by any such court of any crime or of the offenses hereinafter set forth, of a misdemeanor or any of the following offenses (excluding, however, any conviction for a misdemeanor or lesser offense arising out of physical misconduct committed during the course of lawful organiza- tional or collective bargaining activities of any labor organization): assault, malicious injury to property, criminal mischief, malicious mischief, criminal tampering, unlawful use or taking of a motor vehicle, corruption of employees, promoting gambling, possession of gambling records or devices, or possession of lottery or number slips; (c) Fraud, deceit or misrepresentation in connection with any applica- tion or petition submitted to, or any interview, hearing or proceeding conducted by the commission; (d) Violation of any provision of this act or the commission of any offense thereunder; (e) Refusal on the part of the applicant, or prospective licensee, to answer any material question or produce any material evidence in connection with the application; (f) As to an airfreightman, his presence at the airports or air freight terminals is found by the commission on the basis of the facts and evidence before it to constitute a danger to the public peace or safety; (g) As to an airfreightman supervisor, failure to satisfy the commis- sion that the prospective licensee possesses good character and integri- ty; (h) Conviction of a crime or other cause which would permit reprimand of such prospective licensee or the suspension or revocation of his license if such person were already licensed. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the prospective licensee possesses the qualifications and requirements prescribed in this article, the commission shall issue and deliver to the prospective licensee a license to act as an airfreightman or as an airfreightman supervisor, as the case may be, and shall inform the applicant of its action. 5. The commission shall have the power to reprimand any airfreightman or airfreightman supervisor licensed under this article or to revoke or suspend his license for such period as the commission deems in the public interest for any of the following causes: (a) Conviction of a crime or other cause which would permit the denial of a license upon original application;
(b) Fraud, deceit or misrepresentation in securing the license, or in the conduct of the licensed activity; (c) Transfer or surrender of possession to any person either temporar- ily or permanently of any card or other means of identification issued by the commission as evidence of a license, without satisfactory expla- nation; (d) False impersonation of another person who is a licensee or permit- tee of the commission under this compact; (e) Wilful commission of, or wilful attempt to commit at an airport or at an air freight terminal or adjacent highway any act of physical inju- ry to any other person or of wilful damage to or misappropriation of any other person's property, unless justified or excused by law. (f) Violation of any of the provisions of this compact or inducing or otherwise aiding or abetting any person to violate the terms of this compact; (g) Addiction to the use of, or unlawful possession, sale or distrib- ution of a dangerous drug; (h) Paying, giving, causing to be paid or given or offering to pay or give to any person any valid consideration to induce such other person to violate any provision of this compact or to induce any public offi- cer, agent or employee to fail to perform his duty under this compact; (i) Consorting with known criminals for unlawful purposes; (j) Receipt or solicitation of anything of value from any person other than the licensee's or permittee's employer as consideration for the selection or retention for employment of any person who is a licensee or permittee of the commission under this compact; (k) Coercion of any person who is a licensee or permittee of the commission under this compact by threat of discrimination or violence or economic reprisal to make purchases from or to utilize the services of any person; (l) Lending any money to or borrowing any money from any person who is a licensee or permittee of the commission under this compact for which there is a charge of interest or other consideration which is usurious; (m) Conviction of any criminal offense in relation to gambling, book- making, pool selling, lotteries or similar crimes or offenses if the crime or offense was committed at an airport or air freight terminal or within five hundred feet thereof; (n) Refusal to answer any material question or produce any material evidence lawfully required to be answered or produced at any investi- gation, interview or other proceeding conducted by the commission pursu- ant to the provisions of this compact, or, if such refusal is accompa- nied by a valid plea of privilege against self-incrimination, refusal to obey an order to answer such question or produce such evidence made by the commission pursuant to the power of the commission under this compact to grant immunity from prosecution; (o) Refusal to exhibit his license or permit upon the demand of any officer, agent or employee of the commission or failure to wear such license or permit when required. 6. A license granted pursuant to this article shall expire on the expiration date (which shall be at least one year from the date of its issuance) set forth by the commission on the card or other means of identification issued by the commission as evidence of a license or upon the termination of employment with the employer who applied for the license. Upon expiration thereof, a license may be renewed by the commission upon fulfilling the same requirements as are set forth in this compact for an original application.
ARTICLE V AIR FREIGHT TERMINAL OPERATORS, AIR FREIGHT TRUCK CARRIERS AND AIRFREIGHTMAN LABOR RELATIONS CONSULTANTS 1. On and after the ninetieth day after the effective date of this compact, no person, except an air carrier, shall act as an air freight terminal operator or as an air freight truck carrier or as an airfr- eightman labor relations consultant within the state of New York or the state of New Jersey without having first obtained a license from the commission to act as an air freight terminal operator or as an air freight truck carrier or as an airfreightman labor relations consultant, as the case may be, and no person shall employ or engage another person to perform services as an air freight terminal operator or as an air freight truck carrier or as an airfreightman labor relations consultant who is not so licensed. 2. Any person intending to act as an air freight terminal operator or as an air freight truck carrier or as an airfreightman labor relations consultant within the state of New York or the state of New Jersey shall file in the office of the commission a written application for a license to engage in such occupation duly signed and verified as follows: (a) If the applicant is a natural person, the application shall be signed and verified by such person and if the applicant is a partner- ship, the application shall be signed and verified by each natural person composing or intending to compose such partnership. The applica- tion shall state the full name, age, residence, business address (if any), present and previous occupations of each natural person so signing the same, and any other facts and evidence as may be required by the commission to ascertain the character, integrity, identity and criminal record, if any, of each natural person so signing such application. (b) If the applicant is a corporation, the application shall be signed and verified by the president, secretary and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the location of its principal place of business, the names and addresses of, and the amount of the stock held by stockholders owning ten per cent or more of any of the stock thereof, and of all the officers (including all members of the board of directors). The requirements of subdivision (a) of this section as to a natural person who is a member of a partnership, and such requirements as may be speci- fied in rules and regulations promulgated by the commission, shall apply to each such officer or stockholder and their successors in office or interest as the case may be. In the event of the death, resignation or removal of any officer, and in the event of any change in the list of stockholders who shall own ten per cent or more of the stock of the corporation, the secretary of such corporation shall forthwith give notice of that fact in writing to the commission, certified by said secretary. 3. No such license shall be granted (a) If any person whose signature or name appears in the application is not the real party in interest required by section two of this arti- cle to sign or to be identified in the application or if the person so signing or named in the application is an undisclosed agent or trustee for any such real party in interest or if any such real party in inter- est does not sign the application;
(b) Unless the commission shall be satisfied that the applicant and all members, officers and stockholders required by section two of this article to sign or be identified in the application for license possess good character and integrity; (c) If the applicant or any member, officer or stockholder required by section two of this article to sign or be identified in the application for license has, without subsequent pardon, been convicted by a court of the United States or any state or territory thereof of the commission of, or the attempt or conspiracy to commit any crime or offense described in subdivision (a) of section three of article IV of this compact. Any applicant ineligible for a license by reason of any such conviction may submit satisfactory evidence to the commission that the person whose conviction was the basis of ineligibility has for a period of not less than five years, measured as hereinafter provided and up to the time of application, so conducted himself as to warrant the grant of such license, in which event the commission may, in its discretion issue an order removing such ineligibility. The aforesaid period of five years shall be measured either from the date of payment of any fine imposed upon such person or the suspension of sentence or from the date of his unrevoked release from custody by parole, commutation or termi- nation of his sentence. Such petition may be made to the commission before or after the hearing on the application; (d) If, on or after the effective date of this compact, the applicant has paid, given, caused to have been paid or given or offered to pay or give to any officer or employee of any other person employing or engag- ing him in his licensed activity any valuable consideration for an improper or unlawful purpose or to induce such officer or employee to procure the employment of the applicant in his licensed activity by such other person; (e) If, on or after the effective date of this compact, the applicant has paid, given, caused to have been paid, or given or offered to pay or give to any officer or representative of a labor organization any valu- able consideration for an improper or unlawful purpose or to induce such officer or representative to subordinate the interest of such labor organization or its members in the management of the affairs of such labor organization to the interests of the applicant or any other person; (f) If, on or after the effective date of this compact, the applicant has paid, given, caused to have been paid or given or offered to pay or give to any agent of any other person any valuable consideration for an improper or unlawful purpose or, without the knowledge and consent of such other person, to induce such agent to procure the employment of the applicant in his licensed activity by such other person. 4. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the applicant possess the qualifications and requirements prescribed in this article, the commission shall issue and deliver a license to the applicant. 5. The commission shall have the power to reprimand any person licensed under this article or to revoke or suspend his license for such period as the commission deems in the public interest for any of the following causes on the part of the licensee or of any person required by section two of this article to sign or be identified in an original application for a license: (a) Any cause set forth in section five of article IV of this compact;
(b) Failure by the licensee to maintain a complete set of books and records containing a true and accurate account of the licensee's receipts and disbursements arising out of his licensed activities; (c) Failure to keep said books and records available during business hours for inspection by the commission and its duly designated represen- tatives until the expiration of the fifth calendar year following the calendar year during which occurred the transactions recorded therein; (d) Failure to pay any assessment or fee payable to the commission under this compact when due. 6. A license granted pursuant to this article shall expire on the expiration date (which shall be at least one year from the date of its issuance) set forth by the commission on the card or other means of identification issued by the commission as evidence of a license. Upon expiration thereof, a license may be renewed by the commission upon fulfilling the same requirements as are set forth in this article for an original application. ARTICLE VI AIR FREIGHT SECURITY AREA 1. On or after the effective date of this compact, the commission shall have the power to designate any area located within an airport as an air freight security area. No person who is not licensed by the commission pursuant to this compact shall have ingress to an air freight security area unless issued a permit by the commission. 2. Any person who is not licensed by the commission pursuant to this compact and who desires upon any occasion ingress to an air freight security area shall apply at the entrance to such area for a permit for ingress for that particular occasion. In order to secure a permit, a prospective permittee must show identification establishing his name and address and he may be required by the commission to sign a consent to the surrender of his permit upon egress from such area and, if he is driving a motor vehicle, to an inspection of his motor vehicle upon egress from such area. Any person desiring a permit to enter an air freight security area may be denied such permit by the commission in its discretion if the commission determines that the presence of such person in such area would constitute a danger to the public peace or safety. 3. Any person whose business, employment or occupation requires him to have ingress upon a regular basis to an air freight security area shall be required, in order to obtain ingress to such area, to apply to the commission for a permit for a fixed period of duration to be determined by the commission. Such applicant for a permit of a fixed period of duration shall fulfill the same requirements as the prospective licensee for an airfreightman's license. The commission may in the exercise of its discretion suspend or revoke such permit of a fixed period of dura- tion for the same causes which would permit the commission to revoke the license of an airfreightman. 4. The commission shall have the power to inspect any truck or any other motor vehicle within an air freight security area. 5. The provisions of this article shall not be applicable to any person who is a member of the flight crew or flight personnel of an aircraft which is operated by an air carrier and which is located within an air freight security area upon a showing of such identification as may be required by the commission.
ARTICLE VII HEARINGS, DETERMINATIONS AND REVIEW 1. The commission shall not deny any application for a license or permit without giving the applicant or prospective licensee or permittee reasonable prior notice and an opportunity to be heard. 2. Any application for a license or permit, and any license or permit issued, may be denied, revoked or suspended, as the case may be, only in the manner prescribed in this article. 3. The commission may on its own initiative or on complaint of any person, including any public official or agency, institute proceedings to revoke or suspend any license or permit after a hearing at which the licensee or permittee and any person making such complaint shall be given an opportunity to be heard, provided that any order of the commis- sion revoking or suspending any license or permit shall not become effective until fifteen days subsequent to the serving of notice thereof upon the licensee or permittee unless in the opinion of the commission the continuance of the license or permit for such period would be inimi- cal to the public peace or safety. Such hearings shall be held in such manner and upon such notice as may be prescribed by the rules of the commission, but such notice shall be of not less than ten days and shall state the nature of the complaint. 4. Pending the determination of such hearing pursuant to section three of this article the commission may temporarily suspend a license or permit if in the opinion of the commission the continuance of the license or permit for such period is inimical to the public peace or safety. 5. The commission, or such member, officer, employee or agent of the commission as may be designated by the commission for such purpose, shall have the power to issue subpoenas throughout both states to compel the attendance of witnesses and the giving of testimony or production of other evidence and to administer oaths in connection with any such hear- ing. It shall be the duty of the commission or of any such member, officer, employee or agent of the commission designated by the commis- sion for such purpose to issue subpoenas at the request of and upon behalf of the licensee, permittee or applicant. The commission or such person conducting the hearing shall not be bound by common law or statu- tory rules of evidence or by technical or formal rules or procedure in the conduct of such hearing. 6. Upon the conclusion of the hearing, the commission shall take such action upon such findings and determinations as it deems proper and shall execute an order carrying such findings into effect. The action in the case of an application for a license or permit shall be the granting or denial thereof. The action in the case of a licensee or permittee shall be revocation of the license or permit or suspension thereof for a fixed period or reprimand or a dismissal of the charges. 7. The action of the commission in denying any application for a license or permit or in suspending or revoking such license or permit or in reprimanding a licensee or permittee shall be subject to judicial review by a proceeding instituted in either state at the instance of the applicant, licensee or permittee in the manner provided by the law of such state for review of the final decision or action of administrative agencies of such state, provided, however, that notwithstanding any other provision of law the court shall have power to stay for not more than thirty days an order of the commission suspending or revoking a license or permit.
8. At hearings conducted by the commission pursuant to this article, applicants, prospective licensees and permittees, licensees and permit- tees shall have the right to be accompanied and represented by counsel. 9. After the conclusion of a hearing but prior to the making of an order by the commission, a hearing may, upon petition and in the discretion of the hearing officer, be reopened for the presentation of additional evidence. Such petition to reopen the hearing shall state in detail the nature of the additional evidence, together with the reasons for the failure to submit such evidence prior to the conclusion of the hearing. The commission may upon its own motion and upon reasonable notice reopen a hearing for the presentation of additional evidence. Upon petition, after the making of an order of the commission, rehearing may be granted in the discretion of the commission. Such a petition for rehearing shall state in detail the grounds upon which the petition is based and shall separately set forth each error of law and fact alleged to have been made by the commission in its determination, together with the facts and arguments in support thereof. Such petition shall be filed with the commission not later than thirty days after service of such order unless the commission for good cause shown shall otherwise direct. The commission may upon its own motion grant a rehearing after the making of an order. ARTICLE VIII EXPENSES OF ADMINISTRATION 1. In addition to the budget of its expenses under the waterfront commission compact, the commission shall annually adopt a budget of its expenses under this compact for each year. The annual budget shall be submitted to the governors of the two states and shall take effect as submitted provided that either governor may within thirty days disap- prove or reduce any item or items, and the budget shall be adjusted accordingly. 2. After taking into account such funds as may be available to it from reserves in excess of ten per cent of such budget under this compact, federal grants, or otherwise, the balance of the commission's budgeted expenses shall be obtained by fees payable under this article and by assessments upon employers of persons licensed under this compact as provided in this article. 3. With respect to airfreightmen and airfreightman supervisors who are employed by an air freight truck carrier regularly to move freight to or from an airport, the employers shall pay to the commission for each such airfreightman and airfreightman supervisor a license fee to be deter- mined by the commission, not in excess of one hundred dollars for each year, commencing with the first day of April. The employer of every person who is issued a permit of fixed duration by the commission for ingress to an air freight security area, or the permittee himself if he is self-employed, shall pay to the commission a fee to be determined by the commission, not in excess of seventy-five dollars for each year, commencing with the first day of April. The commission shall reduce the maximum fees payable under this section proportionately with any reduction in the maximum assessment rate of two per cent provided for by this article. 4. Every employer of airfreightmen and airfreightman supervisors licensed by the commission, except as otherwise provided in section three of this article, shall pay to the commission an assessment computed upon the gross payroll payments made by such employer to airfr-
eightmen and airfreightman supervisors for work performed as such, at a rate, not in excess of two per cent, computed by the commission, in the following manner: the commission shall annually estimate the fees paya- ble under this article and the gross payroll payments to be made by employers subject to assessment and shall compute the fees and a rate of assessment which will yield revenues sufficient to finance the balance of the commission's budget for each year as provided in section two of this article. The commission may hold in reserve an amount not to exceed ten per cent of its total budgeted expenses for the year, which reserve shall not be included as part of the budget. Such reserve shall be held for the stabilization of annual assessments, the payment of operating deficits and for the repayment of any advances made by the two states. 5. The amount required to balance the commission's budget in excess of the estimated yield of the maximum fees and assessment, shall be certi- fied by the commission, with the approval of the respective governors, to the legislatures of the two states, in proportion to the respective totals of the assessments and fees paid to the commission by persons in each of the two states. The legislatures shall annually appropriate to the commission the amount so certified. 6. The assessments and fees hereunder shall be in lieu of any other charge for the issuance of licenses or permits by the commission pursu- ant to this compact. 7. In addition to any other sanction provided by law, the commission may revoke or suspend any license or permit held by any employer under this compact and/or the license or permit held under this compact by any employees of such employer, or the permit held under this compact by any permittee who is self-employed, and in addition the commission may deny ingress to such employers, employees or permittees to air freight secu- rity areas, for nonpayment of any assessment or fee when due. 8. Every person subject to the payment of any assessment under this compact shall file on or before the twentieth day of the first month of each calendar quarter-year a separate return, together with the payment of the assessment due, for the preceding calendar quarter-year during which any payroll payments were made to licensed persons for whom assessments are payable for work performed as such. Returns covering the amount of assessment payable shall be filed with the commission on forms to be furnished for such purpose and shall contain such data, informa- tion or matter as the commission may require to be included therein. The commission may grant a reasonable extension of time for filing returns, or for payment of assessment, whenever good cause exists. Every return shall have annexed thereto a certification to the effect that the statements contained therein are true. 9. Every person subject to the payment of assessment hereunder shall keep an accurate record of his employment of licensed persons for whom assessments are payable, which shall show the amount of compensation paid and such other information as the commission may require. Such records shall be preserved for a period of three years and be open for inspection at reasonable times. The commission may consent to the destruction of any such records at any time after said period or may require that they be kept longer but not in excess of six years. 10. (a) The commission shall audit and determine the amount of assess- ment due from the return filed and such other information as is avail- able to it. Whenever a deficiency in payment of the assessment is determined the commission shall give notice of any such determination to the person liable therefor. Such determination shall finally and conclusively fix the amount due, unless the person against whom it is
assessed shall, within thirty days after the giving of notice of such determination, apply in writing to the commission for a hearing, or unless the commission on its own motion shall reduce the same. After such hearing, the commission shall give notice of its decision to the person liable therefor. A determination of the commission under this section shall be subject to judicial review, if application for such review is made within thirty days after the giving of notice of such decision. Any determination under this article shall be made within five years from the time the return was filed and if no return was filed such determination may be made at any time. (b) Any notice authorized or required under this article may be given by mailing the same to the person for whom it is intended at the last address given by him to the commission, or in the last return filed by him with the commission under this article, or if no return has been filed then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of same by the person to whom addressed. Any period of time, which is determined according to the provision of this section, for the giving of notice shall commence to run from the date of mailing of such notice. 11. Every person required to pay a fee for a license or a permit under this article shall pay the same upon filing of the application with the commission for such license or permit. The fee for such license or permit shall be prorated for the fiscal year for which the same is paya- ble as of the date the application for such license or permit is filed with the commission. The commission shall prorate and make a refund of such fee for the period between the date of application and the date of the issuance of such license or permit. Upon surrender of such license or permit or upon the revocation of any such license or permit issued to an employee before the expiration of the fiscal year, the commission shall make a refund prorated for the unexpired portion of the year, less ten per cent of such refund. In the event of denial of any application for a license or permit, the commission shall refund the fee paid upon application, less ten per cent of such refund. 12. Whenever any person shall fail to pay, within the time limited herein, any assessment or fee which he is required to pay to the commis- sion under the provisions of this article the commission may enforce payment of such assessment or fee by civil action for the amount of such assessment or fee with interest and penalties. 13. The employment by a nonresident of a licensed person or permittee for whom assessments or fees are payable in either state or the desig- nation by a nonresident of a licensed person or permittee to perform work in such state shall be deemed equivalent to an appointment by such nonresident of the secretary of state of such state to be his true and lawful attorney upon whom may be served the process in any action or proceeding against him growing out of any liability for assessments or fees, penalties or interest, and a consent that any such process against him which is so served shall be of the same legal force and validity as if served on him personally within such state and within the territorial jurisdiction of the court from which the process issues. Service of process within either state shall be made by either (1) personally delivering to and leaving with the secretary of state or a deputy secre- tary of state of such state duplicate copies thereof at the office of the department of state in the capital city of such state, in which event such secretary of state shall forthwith send by registered mail one of such copies to the person at the last address designated by him to the commission for any purpose under this article or in the last
return filed by him under this article with the commission or as shown on the records of the commission, or if no return has been filed, at his last known office address within or without such state, or (2) personally delivering to and leaving with the secretary of state or a deputy secretary of state of such state a copy thereof at the office of the department of state in the capital city of such state and by deliv- ering a copy thereof to the person, personally without such state. Proof of such personal service without such state shall be filed with the clerk of the court in which the process is pending within thirty days after such service and such service shall be complete ten days after proof thereof is filed. 14. Whenever the commission shall determine that any moneys received as assessments or fees were paid in error, it may cause the same to be refunded, provided an application therefor is filed with the commission within two years from the time the erroneous payment was made. 15. In addition to any other powers authorized hereunder, the commis- sion shall have power to make reasonable rules and regulations to effec- tuate the purposes of this article. 16. When any person shall wilfully fail to pay any assessment or fee due hereunder he shall be assessed interest at a rate of one per cent per month on the amount due and unpaid and penalties of five per cent of the amount due for each thirty days or part thereof that the assessment remains unpaid. The commission may, for good cause shown, abate all or part of such penalty. 17. Any person who shall wilfully furnish false or fraudulent infor- mation or shall wilfully fail to furnish pertinent information as required, with respect to the amount of any assessment or fee due, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or both. 18. All funds of the commission shall be deposited with such responsi- ble banks or trust companies as may be designated by the commission. The commission may require that all such deposits be secured by obli- gations of the United States or of the states of New York or New Jersey of a market value equal at all times to the amount of the deposits, and all banks and trust companies are authorized to give such security for such deposits. The moneys so deposited shall be withdrawn only by check signed by two members of the commission or by such other officers or employees of the commission as it may from time to time designate. 19. The accounts, books and records of the commission, including its receipts, disbursements, contracts, leases, investments and any other matters relating to its financial standing shall be examined and audited annually by independent auditors to be retained for such purpose by the commission. 20. The commission shall reimburse each state for any funds advanced to the commission exclusive of sums appropriated pursuant to section five of this article. ARTICLE IX GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES 1. The failure of any witness, when duly subpoenaed to attend, to give testimony or produce other evidence in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this compact, shall be punishable by the superior court in New Jersey and the supreme court in New York in the same manner as said failure is punishable by such court in a case therein pending.
2. Any person who, having been duly sworn or affirmed as a witness in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this compact, shall wilfully give false testimony shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year or both. 3. Any person who interferes with or impedes the orderly licensing of or orderly granting of any permits to any other person pursuant to this compact, or who attempts, conspires, or threatens so to do, shall be guilty of a misdemeanor punishable by a fine of not more than one thou- sand dollars or imprisonment for not more than one year or both. 4. Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner prac- tices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from obtaining a license or permit pursuant to this compact shall be guilty of a misde- meanor punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year or both. 5. Any person who, without justification or excuse in law, directly or indirectly, intimidates or inflicts any injury, damage, harm, loss or economic reprisal upon any person who holds a license or permit issued by the commission pursuant to this compact, or any other person, or attempts, conspires or threatens so to do, in order to interfere with, impede or influence such licensee or permittee in the performance or discharge of his duties or obligations shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or imprison- ment of not more than one year or both. 6. Any person who shall violate any of the provisions of this compact, for which no other penalty is prescribed, shall be guilty of a misdemea- nor, punishable by a fine of not more than one thousand dollars or by imprisonment for not more than one year or both. 7. In any prosecution under this compact, it shall be sufficient to prove only a single act (or a single holding out or attempt) prohibited by law without having to prove a general course of conduct, in order to prove a violation. ARTICLE X AMENDMENTS; CONSTRUCTION; SHORT TITLE 1. Amendments and supplements to this compact to implement the purposes thereof may be adopted by the action of the legislature of either state concurred in by the legislature of the other. 2. If any part or provision of this compact or the application there- of to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the contro- versy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact or the application thereof to other persons or circumstances and the two states hereby declare that they would have entered into this compact or the remainder thereof had the invalidity of such provision or application thereof been apparent. 3. In accordance with the ordinary rules for construction of inter- state compacts this compact shall be liberally construed to eliminate the evils described therein and to effectuate the purposes thereof.
4. This compact shall be known and may be cited as the "Airport Commission Compact". PART V S 11. Prohibition against unions having officers, agents or employees who have been convicted of certain crimes and offenses. No person shall solicit, collect or receive any dues, assessments, levies, fines or contributions, or other charges within the state for or on behalf of any labor organization which receives, directly or indirectly, twenty per cent or more of its dues, assessments, levies, fines or contributions, or other charges from persons who hold licenses issued by the commission pursuant to the airport commission compact, or for or on behalf of a labor organization which derives its charter from a labor organization which receives, directly or indirectly, twenty per cent or more of its dues, assessments, levies, fines or contributions, or other charges from persons who hold licenses issued by the commission pursuant to the airport commission compact, if any officer, agent or employee of such labor organization, or of a welfare fund or trust administered partially or entirely by such labor organization or by trustees or other persons designated by such labor organization, has been convicted by a court of the United States, or any state or territory thereof, of a felony, any misdemeanor involving moral turpitude or any crime or offense enumerated in subdivision (a) of section three of article IV of the compact estab- lished pursuant to part IV of this article, unless he has been subse- quently pardoned therefor by the governor or other appropriate authority of the state or jurisdiction in which such conviction was had or has received a certificate of good conduct or other relief from disabili- ties arising from the fact of conviction from a board of parole or simi- lar authority. No person so convicted shall serve as an officer, agent or employee of such labor organization, welfare fund or trust unless such person has been so pardoned or has received such a certificate of good conduct. No person, including such labor organization, welfare fund or trust, shall knowingly permit such convicted person to assume or hold any office, agency or employment in violation of this section. As used in this section, the term "labor organization" shall mean and include any organization which exists and is constituted for the purpose in whole or in part of collective bargaining, or of dealing with employ- ers concerning grievances, terms and conditions of employment, or of other mutual aid or protection; but it shall not include a federation or congress of labor organizations organized on a national or interna- tional basis even though one of its constituent labor organizations may represent persons who hold licenses issued by the commission pursuant to the airport commission compact. S 11-a. Prohibition against employer organizations having officers, agents or employees who have been convicted of certain crimes and offenses. No person shall solicit, collect or receive any dues, assess- ments, levies, fines or contributions, or other charges within the state for or on behalf of any organization of employers (whether incorporated or not) twenty per cent or more of whose members have in their employ- ment any employees who are members of a labor organization to which the prohibition of section eleven of this part is applicable, if any offi- cer, agent or employee of such employer organization or of a welfare fund or trust administered partially or entirely by such employer organ- ization or by trustees or other persons designated by such employer organization, has been convicted by a court of the United States, or any
state or territory thereof, of a felony, any misdemeanor involving moral turpitude or any crime or offense enumerated in subdivision (a) of section three of article IV of the compact established pursuant to part IV of this article, unless he has been subsequently pardoned therefor by the governor or other appropriate authority of the state or jurisdiction in which such conviction was had or has received a certificate of good conduct or other relief from disabilities arising from the fact of conviction from a board of parole or similar authority. No person so convicted shall serve as an officer, agent or employee of such employer organization, welfare fund or trust unless such person has been so pardoned or has received such a certificate of good conduct. No person, including such employer organization, welfare fund or trust, shall knowingly permit such convicted person to assume or hold any office, agency or employment in violation of this section. S 11-b. Exceptions to sections eleven and eleven-a for certain employ- ees. If upon application to the commission by an employee who has been convicted of a crime or offense specified in section eleven or section eleven-a of this part the commission, in its discretion, determines in an order that it would not be contrary to the purposes and objectives of the airport commission compact for such employee to work in a particular employment otherwise prohibited by section eleven or section eleven-a, the provisions of section eleven or section eleven-a, as the case may be, shall not apply to the particular employment of such employee with respect to such conviction or convictions as are specified in the commission's order. This section is applicable only to those employees who for wages or salary perform manual, mechanical or physical work of a routine or clerical nature at the premises of the labor organization, employer organization, welfare fund or trust by which they are employed. S 12. Civil penalties. The commission may maintain a civil action on behalf of the state against any person who violates or attempts or conspires to violate any provision of this act or who fails, omits or neglects to obey, observe or comply with any order or direction of the commission issued under this article, to recover a judgment for a money penalty not exceeding five hundred dollars for each and every offense. Every violation of any such provision, order or direction shall be a separate and distinct offense and, in case of a continuing violation, every day's continuance shall be and be deemed to be a separate and distinct offense. Any such action may be settled or discontinued on application of the commission upon such terms as the court may approve and a judgment may be rendered for an amount less than the amount demanded in the complaint as justice may require. S 13. Civil enforcement. The commission may maintain a civil action against any person to compel compliance with any of the provisions of this compact or any order or direction of the commission issued under this compact or to prevent violations, attempts or conspiracies to violate any such provisions, or interference, attempts or conspiracies to interfere with or impede the enforcement of any such provisions or the exercise or performance of any power or duty thereunder, either by mandamus, injunction or action or proceeding in lieu of prerogative writ. S 14. Exemption from arrest and service of process. If a person in obedience to a subpoena, issued pursuant to this article directing him to attend and testify comes into either state party to this article from the other state, he shall not, while in that state pursuant to such subpoena, be subject to arrest or the service of process, civil or crim-
inal, in connection with matters which arose before his entrance into such state under the subpoena. S 15. Nonresident witnesses. Any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this compact shall be deemed to be a civil action pending in the supreme court in New York or in the superior court in New Jersey so as to permit the commission to obtain disclosure, in accordance with the provisions governing disclosure in such civil actions, from any person who may be outside the states. S 16. Officers and employees. Any officer or employee in the state, county or municipal civil service in either state who shall transfer to service with the commission may be given one or more leaves of absence without pay and may, before the expiration of such leave or leaves of absence, and without further examination or qualification, return to his former position or be certified by the appropriate civil service agency for retransfer to a comparable position in such state, county, or munic- ipal civil service if such a position is then available. The commission may, by agreement with any federal agency from which any officer or employee may transfer to service with the commission, make similar provision for the retransfer of such officer or employee to such federal agency. Notwithstanding the provisions of any other law in either state, any officer or employee in the state, county or municipal service in either state who shall transfer to service with the commission and who is a member of any existing state, county or municipal pension or retirement system in New Jersey or New York, shall continue to have all rights, privileges, obligations and status with respect to such fund, system or systems as if he had continued in his state, county or municipal office or employment, but during the period of his service as a member, officer or employee of the commission, all contributions to any pension or retirement fund or system to be paid by the employer on account of such member, officer or employee, shall be paid by the commission. The commission may, by agreement with the appropriate federal agency, make similar provisions relating to continuance of retirement system member- ship for any federal officer or employee so transferred. S 17. Penalties. Any person who shall violate any of the provisions of this compact, for which no other penalty is prescribed, shall be guilty of a misdemeanor, punishable by a fine of not more than one thou- sand dollars or imprisonment for not more than one year or both. S 18. Short title. This act shall be known and may be cited as the "Waterfront and Airport Commission Act". S 6. Chapter 40-A of the consolidated laws constituting the port authority of New York and New Jersey created by section five of this act shall be deemed for all purposes to be a continuation of the port authority of New York and New Jersey as it was constituted immediately preceding the effective date of this act and shall not be construed as a newly created authority. All unexpended balances of appropriations of monies heretobefore made or allocated to the port authority of New York and New Jersey as such authority was constituted immediately preceding the effective date of this act, whether obligated or unobligated, are hereby transferred to and made available to the port authority of New York and New Jersey as created in section three of this act. All rules, regulations, orders, determinations, and decisions of the port authority of New York and New Jersey, as it was constituted immediately preceding the effective date of this act, shall continue in full force and effect as rules, regulations, orders, determinations and decisions of the port
authority of New York and New Jersey created by section five of this act. S 7. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 8. This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with this act, but if the state of New Jersey shall have already enacted such legislation this act shall take effect immediately. The chairman of the port authority shall notify the legislative bill drafting commission upon the enactment into law of such legislation by both such states in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provision of section 44 of the legislative law and section 70-b of the public officers law.

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