Bill Text: PA SB129 | 2011-2012 | Regular Session | Amended


Bill Title: A Supplement to the act of June 12,1931 (P.L.575, No.200), entitled "An act providing for joint action by Pennsylvania and New Jersey in the development of the ports on the lower Delaware River, and the improvement of the facilities for transportation across the river; authorizing the Governor, for these purposes, to enter into an agreement with New Jersey; creating The Delaware River Joint Commission and specifying the powers and duties thereof, including the power to finance projects by the issuance of revenue bonds; transferring to the new commission all the powers of the Delaware River Bridge Joint Commission; and making an appropriation," further providing for the appointment of commissioners; providing for prohibited activity for commissioners, officers and directors; and further providing for the powers and duties of the commission and for definitions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-08-13 - Corrective Reprint, Printer's No. 2357 [SB129 Detail]

Download: Pennsylvania-2011-SB129-Amended.html

CORRECTIVE REPRINT

 

PRIOR PRINTER'S NO. 104

PRINTER'S NO.  2357

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

129

Session of

2011

  

  

INTRODUCED BY WILLIAMS, RAFFERTY, M. WHITE, FARNESE AND BOSCOLA, JANUARY 12, 2011

  

  

REFERRED TO TRANSPORTATION, JANUARY 12, 2011   

  

  

  

A SUPPLEMENT

  

1

To the act of June 12,1931 (P.L.575, No.200), entitled "An act

2

providing for joint action by Pennsylvania and New Jersey in

3

the development of the ports on the lower Delaware River, and

4

the improvement of the facilities for transportation across

5

the river; authorizing the Governor, for these purposes, to

6

enter into an agreement with New Jersey; creating The

7

Delaware River Joint Commission and specifying the powers and

8

duties thereof, including the power to finance projects by

9

the issuance of revenue bonds; transferring to the new

10

commission all the powers of the Delaware River Bridge Joint

11

Commission; and making an appropriation," further providing

12

for the appointment of commissioners; providing for

13

prohibited activity for commissioners, officers and

14

directors; and further providing for the powers and duties of

15

the commission and for definitions.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  The Governor is authorized to enter into a

19

supplemental compact or agreement, on behalf of the

20

Commonwealth, with the State of New Jersey, further amending and

21

supplementing the compact or agreement between the Commonwealth

22

and the State of New Jersey entitled "Agreement between the

23

Commonwealth of Pennsylvania and the State of New Jersey

24

creating The Delaware River Joint Commission as a body corporate

 


1

and politic and defining its powers and duties," which was

2

executed on behalf of the Commonwealth of Pennsylvania by its

3

Governor on July first, one thousand nine hundred and thirty-

4

one, and on behalf of the State of New Jersey by the New Jersey

5

Interstate Bridge Commission by its members on July first, one

6

thousand nine hundred and thirty-one, and which was consented to

7

by the Congress of the United States by Public Resolution Number

8

twenty-six, being chapter two hundred fifty-eight of the Public

9

Laws, Seventy-second Congress, approved June fourteenth, one

10

thousand nine hundred and thirty-two, which supplemental compact

11

and agreement shall be in substantially the following form:

12

Supplemental agreement between the Commonwealth of

13

Pennsylvania and the State of New Jersey further amending and

14

supplementing the agreement entitled "Agreement between the

15

Commonwealth of Pennsylvania and the State of New Jersey

16

creating The Delaware River Joint Commission as a body corporate

17

and politic and defining its powers and duties," further

18

providing for the appointment of commissioners; providing for

19

prohibited activity for commissioners, officers and directors;

20

and further providing for the powers and duties of the

21

commission.

22

The Commonwealth of Pennsylvania and the State of New Jersey

23

do solemnly covenant and agree, each with the other, that the

24

compact or agreement entitled "Agreement between the

25

Commonwealth of Pennsylvania and the State of New Jersey

26

creating The Delaware River Joint Commission as a body corporate

27

and politic and defining its powers and duties," which was

28

executed on behalf of the Commonwealth of Pennsylvania by its

29

Governor on July first, one thousand nine hundred and thirty-

30

one, and on behalf of the State of New Jersey by the New Jersey

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1

Interstate Bridge Commission by its members on July first, one

2

thousand nine hundred and thirty-one, and which was consented to

3

by the Congress of the United States by Public Resolution Number

4

twenty-six, being chapter two hundred fifty-eight of the Public

5

Laws, Seventy-second Congress, approved June fourteenth, one

6

thousand nine hundred and thirty-two, be amended as follows:

7

That Articles II, IV and XIII of the compact, as amended

8

April 3, 1992 (P.L.57, No.19), be amended to read:

9

ARTICLE II

10

The commission shall consist of sixteen commissioners, eight

11

resident voters of the Commonwealth of Pennsylvania, and eight

12

resident voters of the State of New Jersey, who shall serve

13

without compensation.

14

The commissioners for the State of New Jersey shall be

15

appointed by the Governor of New Jersey with the advice and

16

consent of the Senate of New Jersey, for terms of five years,

17

and in case of a vacancy occurring in the office of commissioner

18

during a recess of the Legislature, it may be filled by the

19

Governor by an ad interim appointment, which shall expire at the

20

end of the next regular session of the Senate unless a successor

21

shall be sooner appointed and qualify and, after the end of the

22

session, no ad interim appointment to the same vacancy shall be

23

made unless the Governor shall have submitted to the Senate a

24

nomination to the office during the session and the Senate shall

25

have adjourned without confirming or rejecting it; and no person

26

nominated for any such vacancy shall be eligible for an ad

27

interim appointment to such office if the nomination shall have

28

failed of confirmation by the Senate.

29

Six of the eight commissioners for the Commonwealth of

30

Pennsylvania shall be appointed by the Governor of Pennsylvania

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1

by and with the advice and consent of two-thirds of the members

2

elected to the Senate for terms of five years. The Auditor

3

General and the State Treasurer of said Commonwealth shall, ex-

4

officio, be commissioners for said Commonwealth, each having the

5

privilege of appointing a representative to serve in his place

6

at any meeting of the commission which he does not attend

7

personally.

8

[Any commissioner who is an elected public official shall

9

have the privilege of appointing a representative to serve and

10

act in his place at any meeting of the commission which he does

11

not attend personally.]

12

Except for ex-officio commissioners of the Commonwealth of

13

Pennsylvania, no person shall be appointed commissioner if he is

14

a public official or party officer in the Commonwealth of

15

Pennsylvania or the State of New Jersey or a political

16

subdivision thereof.

17

All commissioners shall continue to hold office after the

18

expiration of the terms for which they are appointed or elected

19

until their respective successors are appointed and qualify, but

20

no period during which any commissioner shall hold over shall be

21

deemed to be an extension of his term of office for the purpose

22

of computing the date on which his successor's term expires.

23

Commissioners representing the Commonwealth of Pennsylvania

24

shall be required to file an annual statement of financial

25

interest in accordance with 65 Pa.C.S. Ch. 11 (relating to

26

ethics standards and financial disclosure). Commissioners

27

representing the State of New Jersey shall be required to file

28

an annual financial disclosure statement in accordance with

29

Executive Order 24, issued April 27, 2010, and any subsequent

30

amendment thereto or successor Executive Order.

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1

Except for an ex-officio commissioner, no commissioner,

2

officer or director shall campaign for public office, hold an

3

office in any political committee, solicit contributions to a

4

political campaign, political party, political committee or

5

candidate, publicly endorse a candidate or actively participate

6

in a political campaign.

7

No commissioner, officer or director shall appear before the

8

commission in a proceeding or participate in any other activity

9

before the commission for a period of two years from the

10

termination of term of office or termination of employment with

11

the commission.

12

No commissioner, officer or director shall accept employment

13

with or be retained by a vendor or independent contractor of the

14

commission for a period of two years following termination of

15

the term of office or termination of employment with the

16

commission.

17

No commissioner, officer or director shall engage in conduct

18

that constitutes a conflict of interest.

19

A commissioner, officer or director shall disclose and recuse

20

himself from a matter in which his objectivity, impartiality,

21

integrity or independence of judgment may be reasonably

22

questioned due to his relationship or association with a party

23

connected to the matter or a person appearing before the

24

commission.

25

No commissioner, officer or director shall have an adverse

26

interest in a contract with the commission.

27

No commissioner, officer or director shall, directly or

28

indirectly, represent another person upon a matter pending

29

before or involving the commission.

30

No commissioner, officer or director or his spouse or child

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1

or a business in which the commissioner or his spouse or child

2

is associated shall enter into a contract with the commission or

3

a subcontract with a person who has been awarded a contract with

4

the commission unless the contract has been awarded through an

5

open and public process, including prior public notice and

6

subsequent public disclosure of all proposals considered and

7

contracts awarded. In this case, the commissioner, officer or

8

director shall not have supervisory or overall responsibility

9

for the implementation or administration of the contract. A

10

contract or subcontract made in violation of this paragraph

11

shall be voidable by a court of competent jurisdiction if the

12

suit is commenced within ninety days of the making of the

13

contract or subcontract.

14

No commissioner, officer, director or employee shall solicit,

15

request, suggest or recommend the employment by the commission

16

of a relative.

17

No commissioner, officer, director, employee or an immediate

18

family member may accept a discount, gift, gratuity,

19

compensation, travel, lodging or other thing of value, directly

20

or indirectly, from a vendor or independent contractor of the

21

commission.

22

No commissioner, officer or director or other employee shall

23

hold an office or position or be engaged in an activity which is

24

incompatible with the position or employment.

25

No commissioner, officer or director shall be paid or receive

26

a fee or other compensation for activity related to the duties

27

or authority of the commission other than salary and expenses

28

provided by law.

29

No commissioner, officer, director or employee shall use his

30

official authority or influence for the purpose of interfering

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1

with or affecting the result of an election.

2

No officer, director or employee may engage in political

3

activity while on duty for the commission. Employees are

4

permitted to engage in political activities on their own time,

5

as volunteers or for pay.

6

No commissioner, officer, director or employee may use

7

commission resources to engage in political activity at any

8

time.

9

No commissioner, officer, director or employee acting on a

10

commissioner, officer or director's behalf, and no employee in a

11

supervisory position may require an employee to perform any

12

political activity while on duty or on the employee's own time

13

as a condition of employment. An employee who agrees or offers

14

to participate in any political activity on his own time may not

15

do so in consideration of receiving any additional commission

16

compensation or employee benefit in the form of a salary

17

adjustment, bonus, compensatory time off, continued employment

18

or any other similar benefit. An employee who declines to

19

participate in a political activity shall not be sanctioned for

20

that refusal.

21

No commissioner, officer, director, employee acting on a

22

commissioner, officer or director's behalf, and no employee in a

23

supervisory position may require an employee to make a campaign

24

contribution as a condition of employment. An employee who

25

agrees to, offers to make or makes a campaign contribution may

26

not do so in consideration of receiving any additional

27

commission compensation or employee benefit in the form of a

28

salary adjustment, bonus, compensatory time off, continued

29

employment or any other similar benefit. An employee who

30

declines to make a campaign contribution shall not be sanctioned

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1

for that refusal.

2

ARTICLE IV

3

For the effectuation of its authorized purposes, the

4

commission is hereby granted the following powers:

5

(a)  To have perpetual succession;

6

(b)  To sue and be sued;

7

(c)  To adopt and use an official seal;

8

(d)  To elect a chairman, vice-chairman, secretary and

9

treasurer, and to adopt suitable by-laws for the management of

10

its affairs. The secretary and treasurer need not be members of

11

the commission.

12

(e)  To appoint, hire or employ counsel and such other

13

officers, and such agents and employes, as it may require for

14

the performance of its duties, by contract or otherwise, and fix

15

and determine their qualifications, duties and compensation;

16

(f)  To enter into contracts;

17

(g)  To acquire, own, hire, use, operate and dispose of

18

personal property;

19

(h)  To acquire, own, use, lease, operate, mortgage and

20

dispose of real property and interests in real property, and to

21

make improvements thereon;

22

(h.1)  At its option, it may authorize the Department of

23

Property and Supplies to prescribe standards and specifications

24

and make contracts and purchases of various materials and

25

services for the commission, pursuant to the provisions of

26

sections 2403, 2403.1 and 2409 of the act of April 9, 1929

27

(P.L.177), known as "The Administrative Code of 1929."

28

(i)  To grant by franchise, lease or otherwise, the use of

29

any property or facility owned or controlled by the commission

30

and to make charges therefor;

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1

(j)  To borrow money upon its bonds or other obligations,

2

either with or without security, and to make, enter into and

3

perform any and all such covenants and agreements with the

4

holders of such bonds or other obligations as the commission may

5

determine to be necessary or desirable for the security and

6

payment thereof, including, without limitation of the foregoing,

7

covenants and agreements as to the management and operation of

8

any property or facility owned or controlled by it, the tolls,

9

rents, rates or other charges to be established, levied, made

10

and collected for any use of any such property or facility, or

11

the application, use and disposition of the proceeds of any

12

bonds or other obligations of the commission, or the proceeds of

13

any such tolls, rents, rates or other charges or any other

14

revenues or moneys of the commission;

15

(k)  To exercise the right of eminent domain within the Port

16

District;

17

(l)  To determine the exact location, system and character

18

of, and all other matters in connection with, any and all

19

improvements or facilities which it may be authorized to own,

20

construct, establish, effectuate, operate or control;

21

(m)  In addition to the foregoing, to exercise the powers,

22

duties, authority and jurisdiction heretofore conferred and

23

imposed upon the aforesaid The Delaware River Joint Commission

24

by the Commonwealth of Pennsylvania or the State of New Jersey,

25

or both of the said two States;

26

(n)  To exercise all other powers, not inconsistent with the

27

constitutions of the two States or of the United States, which

28

may be reasonably necessary or incidental to the effectuation of

29

its authorized purposes or to the exercise of any of the

30

foregoing powers, except the power to levy taxes or assessments;

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1

and generally to exercise, in connection with its property and

2

affairs and in connection with property within its control, any

3

and all powers which might be exercised by a natural person or a

4

private corporation in connection with similar property and

5

affairs;

6

(o)  To acquire, purchase, construct, lease, operate,

7

maintain and undertake any project, including any terminal,

8

terminal facility, transportation facility, or any other

9

facility of commerce, and to make charges for the use thereof;

10

(p)  To make expenditures anywhere in the United States and

11

foreign countries, to pay commissions, and hire or contract with

12

experts or consultants, and otherwise to do indirectly anything

13

which the commission may do directly.

14

(q)  To establish one or more operating divisions as deemed

15

necessary to exercise the power and effectuate the purposes of

16

this agreement.

17

In addition to the powers granted above, the commission

18

shall:

19

(a)  Be subject to the act of February 14, 2008 (P.L.6,

20

No.3), known as the "Right-to-Know Law" and the New Jersey Open

21

Public Records Act (P.L.2001, c.404, N.J.S. 47:1A-1 et seq.). In

22

the event the two statutes conflict, the commission shall comply

23

with the provisions of the act that is more strict.

24

(b)  Be subject to the provisions of 65 Pa.C.S. Ch. 7

25

(relating to open meetings) and the New Jersey Open Public

26

Meetings Act (P.L.1975, c.231, N.J.S. 10:4-6 et seg.). In the

27

event the two statutes conflict, the commission shall comply

28

with the provisions of the act that is more strict.

29

(c)  Be subject to and cooperate with a financial or

30

performance audit conducted by the Auditor General of the

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1

Commonwealth of Pennsylvania or the Comptroller of the State of

2

New Jersey at such times as the Auditor General or Comptroller

3

deem appropriate.

4

(d)  Be prohibited from providing a vehicle allowance to a

5

commissioner, officer, director or employee of the commission.

6

(e)  Be prohibited from offering complimentary bridge

7

crossings or train usage to a current or former commissioner,

8

director, officer or employee. Nothing in this subsection shall

9

prohibit the commission from providing complimentary bridge

10

crossings or train usage to directors, officers or employees

11

while on duty for travel related to the individual's official

12

duties with the commission.

13

(f)  Post, within forty-five days after the end of each month

14

on its publicly accessible Internet website, a list of the

15

itemized expenses of commissioners, officers, directors and

16

employees of the commission submitted during the month for

17

reimbursement by the commission. The list shall identify the

18

nature and amount of the expense as well as the individual

19

seeking reimbursement. By October 1 of each year, a final report

20

of the expenses for the preceding fiscal year shall be posted on

21

the commission's publicly accessible Internet website.

22

Information posted on the Internet under this subdivision shall

23

be subject to the "Right-to-Know Law" and the New Jersey Open

24

Public Records Act.

25

(g)  Be prohibited from entering into a contract with an

26

entity that employs or is associated with a commissioner unless

27

the contract is awarded through a sealed competitive bidding

28

process and the entity is the lowest responsive and responsible

29

bidder.

30

The commission shall also have such additional powers as may

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1

hereafter be delegated to or imposed upon it from time to time

2

by the action of either State concurred in by legislation of the

3

other.

4

It is the policy and intent of the Legislatures of the

5

Commonwealth of Pennsylvania and the State of New Jersey that

6

the powers granted by this Article shall be so exercised that

7

the American system of free competitive private enterprise is

8

given full consideration and is maintained and furthered. In

9

making its reports and recommendations to the Legislatures of

10

the Commonwealth of Pennsylvania and the State of New Jersey on

11

the need for any facility or project which the commission

12

believes should be undertaken for the promotion and development

13

of the Port District, the commission shall include therein its

14

findings which fully set forth that the facility or facilities

15

operated by private enterprise within the Port District and

16

which it is intended shall be supplanted or added to are not

17

adequate.

18

ARTICLE XIII

19

As used herein, unless a different meaning clearly appears

20

from the context:

21

"Port District" shall mean all the territory within the

22

counties of Bucks, Chester, Delaware, Montgomery and

23

Philadelphia in Pennsylvania, and all the territory within the

24

counties of Atlantic, Burlington, Camden, Cape May, Cumberland,

25

Glouster, Ocean and Salem in New Jersey.

26

"Commission" shall mean The Delaware River Port Authority

27

and, when required by the context, the board constituting the

28

governing body thereof in charge of its property and affairs.

29

"Commissioner" shall mean a member of the governing body of

30

The Delaware River Port Authority.

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1

"Economic development activity" or "economic development"

2

shall mean any structure of facility or any development within

3

the Port District in connection with manufacturing, port-

4

oriented development, foreign trade zone site development or

5

research, commercial, industrial or recreational purposes, or

6

for purposes of warehousing or consumer and supporting services

7

directly relating to any of the foregoing or to any authority

8

project or facility which are required for the sound economic

9

development of the Port District.

10

"Terminal" shall include any marine, motor truck, motorbus,

11

railroad and air terminal or garage, also any coal, grain and

12

lumber terminal and any union freight and other terminals used

13

or to be used in connection with the transportation of

14

passengers and freight, and equipment, materials and supplies

15

therefor.

16

"Transportation facility" and "facilities for transportation

17

of passengers" shall include railroads operated by steam,

18

electricity or other power, rapid transit lines, motor trucks,

19

motorbuses, tunnels, bridges, airports, boats, ferries,

20

carfloats, lighters, tugs, floating elevators, barges, scows, or

21

harbor craft of any kind, and aircraft, and equipment, materials

22

and supplies therefor.

23

"Terminal facility" shall include wharves, piers, slips,

24

berths, ferries, docks, drydocks, ship repair yards, bulkheads,

25

dock walls, basins, carfloats, floatbridges, dredging equipment,

26

radio receiving and sending stations, grain or other storage

27

elevators, warehouses, cold storage, tracks, yards, sheds,

28

switches, connections, overhead appliances, bunker coal, oil and

29

fresh water stations, markets, and every kind of terminal,

30

storage or supply facility now in use, or hereafter designed for

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1

use to facilitate passenger transportation and for the handling,

2

storage, loading or unloading of freight at terminals, and

3

equipment, materials and supplies therefor.

4

"Transportation of passengers" and "passenger transportation"

5

shall mean the transportation of passengers by railroad or other

6

facilities.

7

"Rapid transit system" shall mean a transit system for the

8

transportation of passengers, express, mail and baggage by

9

railroad or other facilities, and equipment, materials and

10

supplies therefor.

11

"Project" shall mean any improvement, betterment, facility or

12

structure authorized by or pursuant to this compact or agreement

13

to be constructed, erected, acquired, owned or controlled or

14

otherwise undertaken by the commission. "Project" shall not

15

include undertakings for purposes described in Article I,

16

subdivisions (d), (e), (g), (h) and (i).

17

"Railroad" shall include railways, extensions thereof,

18

tunnels, subways, bridges, elevated structures, tracks, poles,

19

wires, conduits, powerhouses, substations, lines for the

20

transmission of power, carbarns, shops, yards, sidings,

21

turnouts, switches, stations and approaches thereto, cars and

22

motive equipment.

23

"Bridge" and "tunnel" shall include such approach highways

24

and interests in real property necessary therefor in the

25

Commonwealth of Pennsylvania or the State of New Jersey as may

26

be determined by the commission to be necessary to facilitate

27

the flow of traffic in the vicinity of a bridge or tunnel or to

28

connect a bridge or tunnel with the highway system or other

29

traffic facilities in said Commonwealth or said State: Provided,

30

however, That the power and authority herein granted to the

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1

commission to construct new or additional approach highways

2

shall not be exercised unless and until the Department of

3

Transportation of the Commonwealth of Pennsylvania shall have

4

filed with the commission its written approval as to approach

5

highways to be located in said Commonwealth and the State

6

Highway Department of the State of New Jersey shall have filed

7

with the commission its written approval as to approach highways

8

to be located in said State.

9

"Facility" shall include all works, buildings, structures,

10

property, appliances, and equipment, together with appurtenances

11

necessary and convenient for the proper construction, equipment,

12

maintenance and operation of a facility or facilities or any one

13

or more of them.

14

"Personal property" shall include choses in action and all

15

other property now commonly, or legally, defined as personal

16

property, or which may hereafter be so defined.

17

"Lease" shall include rent or hire.

18

"Municipality" shall include a county, city, borough,

19

village, township, town, public agency, public authority or

20

political subdivision.

21

"Commission resources" shall mean commission-owned or

22

commission-leased equipment including telephones, computer

23

hardware or software, copiers, scanners, fax machines, file

24

cabinets or other office furniture, cell phones, personal

25

digital assistants or similar electronic devices and office

26

supplies.

27

"Conflict" or "conflict of interest" shall mean use by a

28

commissioner, officer or director of the authority of his office

29

or any confidential information received through his holding of

30

the office or position for the private pecuniary benefit of

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1

himself, a member of his immediate family or a business with

2

which he or a member of his immediate family is associated. The

3

term does not include an action having a de minimis economic

4

impact or which affects to the same degree a class consisting of

5

the general public or a subclass consisting of an industry,

6

occupation or other group which includes the commissioner,

7

officer or director, a member of his immediate family or a

8

business with which he or a member of his immediate family is

9

associated.

10

"Contract" means a contract or arrangement for the

11

acquisition, use or disposal by the commission of services or of

12

supplies, materials, equipment, land or other personal or real

13

property. The term shall not mean an agreement between the

14

commission as one party and an advisor, consultant or employee

15

as the other party, concerning his expense, reimbursement, fee,

16

salary, wage, retirement benefit, tenure or other matters

17

touching his personal service to the commission.

18

"Have an adverse interest" shall mean being party to a

19

contract or being a stockholder, partner, member, agent,

20

representative or employee of such party.

21

"Party officer" shall include a member of a national

22

committee; a chairman, vice chairman, secretary, treasurer or

23

counsel of a State committee or member of the executive

24

committee of a State committee; a county chairman, vice

25

chairman, counsel, secretary or treasurer of a county committee;

26

or a city chairman, vice chairman, counsel, secretary or

27

treasurer of a city committee.

28

"Political activity" shall mean an activity on behalf of a

29

political party, candidate, political committee or campaign,

30

which is intended to advance the interests of a specific party,

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1

candidate, political committee or campaign for elective office,

2

including any of the following:

3

(a)  Organizing a campaign meeting, campaign rally or other

4

campaign event, including a fundraiser where campaign

5

contributions are solicited or received.

6

(b)  Preparing or completing responses to candidate

7

questionnaires that are intended solely for campaign use.

8

(c)  Preparing a campaign finance report.

9

(d)  Conducting background research on a candidate.

10

(e)  Preparing or conducting a campaign poll.

11

(f)  Preparing, circulating or filing a candidate nominating

12

petition or papers.

13

(g)  Participating in, preparing, reviewing or filing a legal

14

challenge to a nominating petition.

15

(h)  Preparing, distributing or mailing any campaign

16

literature, campaign signs or other campaign material, including

17

television and radio ads, website construction, e-mails,

18

facsimiles and robocalls, on behalf of any candidate for

19

elective office.

20

(i)  Managing a campaign for elective office.

21

(j)  Participating in, preparing, reviewing or filing any

22

documents in any recount, challenge or contest of any election.

23

(k)  Posting campaign-related information on a website,

24

including social media websites.

25

(l)  Soliciting or receiving campaign contributions in a

26

commission office, on commission property or with commission

27

resources.

28

(m)  Using commission resources to create, store or maintain

29

any mailing list that identifies the listed individuals as

30

campaign volunteers or contributors to any candidate, political

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1

party, political committee, campaign or campaign committee.

2

(n)  Developing a list for the purpose of monitoring or

3

tracking campaign activity or campaign contributions of any

4

commission employee.

5

The term shall not include:

6

(a)  Registering and voting in any election.

7

(b)  Expressing an opinion as an individual privately and

8

publicly on political subjects and candidates.

9

(c)  Displaying a political picture, sticker, badge or button

10

when not on duty and at locations other than the workplace and

11

commission property.

12

(d)  Participating in the nonpartisan activities of a civic,

13

community, social, labor or professional organization or of a

14

similar organization.

15

(e)  Being a member of a political party or other political

16

organization or club and participating in its activities to the

17

extent consistent with this compact.

18

(f)  Attending a political convention, rally, fundraising

19

function or other political gathering.

20

(g)  Signing a political petition as an individual.

21

(h)  Making a financial contribution to a political party or

22

organization.

23

(i)  Being politically active in connection with a question

24

which is not specifically identified with a political party,

25

such as a constitutional amendment, referendum, approval of a

26

municipal ordinance or any other question or issue of a similar

27

character.

28

(j)  Otherwise participating fully in public affairs, except

29

as prohibited by law, in a manner which does not materially

30

compromise efficiency or integrity as an employee or the

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1

efficiency or integrity of the commission.

2

"Public official" shall include the following:

3

(a)  The Governor and Lieutenant Governor of the Commonwealth

4

of Pennsylvania or the State of New Jersey, a member of either

5

Governor's cabinet and the Attorney General of the Commonwealth

6

of Pennsylvania.

7

(b)  A member of the Senate or House of Representatives of

8

the Commonwealth of Pennsylvania or a member of the Senate or

9

Assembly of the State of New Jersey.

10

(c)  An individual elected or appointed to any office of a

11

municipality in the Commonwealth of Pennsylvania or the State of

12

New Jersey.

13

"Relative" shall mean spouse, parent, parent-in-law, child,

14

brother, sister, aunt, uncle, niece, nephew, grandparent,

15

grandchild, son-in-law, daughter-in-law, stepparent, stepchild,

16

step siblings, half siblings, whether related by blood, marriage

17

or adoption, significant other or any person residing within the

18

same household of a commissioner, officer or employee.

19

"Officer" shall include the chief executive officer, deputy

20

chief executive officer, corporate secretary, treasurer, chief

21

public safety officer or police chief, chief financial officer,

22

chief administrative officer, chief operating officer, the Port

23

Authority Transit Corporation general manager and assistant

24

general manager, general counsel or any similar position created

25

by the commission.

26

"Director" shall include the engineering director, bridge

27

directors, director of the Port of Philadelphia and Camden,

28

director of risk management and safety, director of human

29

resource services, director of information services, finance

30

director of Port Authority Transit Corporation, director of

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1

revenue, director of finance, director of emergency management

2

and homeland security or any similar position created by the

3

commission.

4

"Employee" shall include all persons employed by the

5

commission other than officers and directors.

6

Words importing the singular number include the plural number

7

and vice versa.

8

Wherever legislation or action by the Legislature of either

9

signatory State is herein referred to, it shall mean an act of

10

the Legislature duly adopted in accordance with the provisions

11

of the Constitution of such State."

12

Section 2.  This act shall take effect in 60 days.

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