NEW JERSEY
 
TITLE 32        INTERSTATE AND PORT AUTHORITIES AND  COMMISSIONS

32:17-1.  Commissioners authorized to enter into compact


    1.  Edmund W. Wakelee, Charles W. Baker, William Childs, Abram De Ronde and  Victor H. Berman, or any
three of them, together with the attorney general of  the state of New Jersey, are hereby authorized as
commissioners upon the part  of the state of New Jersey to enter into, with the state of New York, by and
through the commissioners appointed or who may be appointed under or by virtue  of a law passed or to be
passed by the legislature of the state of New York,  and with the approval of the governors of both states, an
agreement or compact  in substantially the form following:

32:17-2.  Preamble;  consideration of agreement

    Whereas, heretofore the states of New York and New Jersey have co-operated in the establishment and
maintenance of an interstate park along the front of the Palisades in said states and in the mountainous lands
in Rockland and Orange counties in the state of New York, by respectively enacting legislation creating in each
state a body politic by the name and style of  "commissioners of the Palisades Interstate park" , with power to
acquire lands for such park, and improve and manage the same, and by respectively appointing, in practically
all cases, the same persons as members of each of such state bodies politic;   and

    Whereas, it is confidently believed that the creation, by interstate compact, of a joint corporate municipal
instrumentality to hold and manage such  interstate park will provide greater flexibility and harmony in the
management  of the park,

    Now, therefore, in consideration of the premises and of the mutual advantages and benefits to accrue to the
peoples of the states of New York and New Jersey from this compact and in consideration of the mutual
covenants of the parties hereto herein contained, the sovereign state of New York and the sovereign state of
New Jersey do hereby agree as follows:

32:17-3.  Palisades Interstate park continued;  name;  co-operation pledged

ARTICLE I.

     1.  The park or parks in the state of New York under the jurisdiction, management or control of
commissioners of the Palisades Interstate park, a body  politic created pursuant to chapter one hundred
seventy of the laws of nineteen  hundred of the state of New York (hereinafter referred to as  "New York state
board" ), and the park or parks in the state of New Jersey now under the  jurisdiction, management or control of
commissioners of the Palisades  Interstate park, a body politic created pursuant to chapter eighty-seven of the
laws of nineteen hundred of the state of New Jersey (hereinafter referred to as   "New Jersey state board" , the
New York state board and the New Jersey state  board being hereinafter referred to collectively as  "state
boards" ), shall  continue to exist and shall be maintained in the two states as an interstate  park for the use of
the public and for the purpose of preserving the scenic  beauty of the Palisades and other lands therein.  Such
park shall be called   "Palisades Interstate park" .  The parties hereto do hereby agree to and  pledge, each to
the other, faithful co-operation in the future planning,  improvement, development, maintenance, government
and management of the park,  holding in high trust for the benefit of the public the special blessings and
natural advantages thereof.
 

32:17-4.  Palisades Interstate park commission created;  corporate powers; membership;  appointment;
terms;  vacancies;  removals; expenses

     ARTICLE II.

     1.  There is hereby created a body corporate and politic with the name and style of  "Palisades Interstate
park commission"  (for brevity hereinafter referred to as  "the commission" ) which shall be a joint corporate
municipal instrumentality of both the state of New York and the state of New Jersey for the purpose of
effecting the objects of this compact and which shall be deemed to be performing governmental functions of
the two states in the performance of  its duties hereunder.  The commission shall have power to sue and be
sued, to  use a common seal and to make and adopt suitable by-laws.  The commission shall  consist of ten
members, five of whom shall be citizens and residents of the  state of New York and five of whom shall be
citizens and residents of the state  of New Jersey.  For the purpose of doing business the members of the
commission shall constitute a board.  The present members of the two state boards shall be  the first members
of the commission for their respective states for the remainder of the terms for which they were respectively
appointed.  Each member  of the commission shall be a citizen and resident of the state of which his
predecessor was a citizen and each member of the commission other than the  first members shall be appointed
by the governor of the state of which his  predecessor was a citizen, by and with the approval of the senate of
such  state.  Each member shall take an oath of office to perform faithfully all of  the duties of his office
according to the best of his ability.  Such oath of  office may be administered by any officer of the state of
which such member is  a citizen who is authorized to take oaths of office of any state officer and  shall be filed
in the office of the secretary of state of such state.  The term  of office of each member other than said first
members shall be five years.   Each member shall hold office until his successor shall have been appointed  and
shall have taken his oath of office, but each term shall be deemed to  commence at the end of the preceding
five-year term regardless of when the  incumbent is appointed or takes the oath of office.  If a member shall
cease to  be a citizen and resident of the state for which he was appointed, he shall  cease to be a member of the
commission.  If a member of the commission shall  die, resign, be removed, refuse to act, or cease to be a citizen
and resident  of the state for which he was appointed, the vacancy so created shall be  filled, for the unexpired
term only, by the appointment of a citizen and  resident of the state of which such member was a citizen by the
governor  thereof, by and with the approval of the senate of such state.  Each member of  the commission may
be removed from office for neglect of duty or misconduct in office by the governor of the state of which such
member is a citizen after giving such member a copy of the charges against him and an opportunity of being
publicly heard in person or by counsel or both in his own defense, upon  not less than ten days' notice.  No
member of the commission shall receive any  compensation for his services as a member, but each member shall
be entitled to  receive his actual disbursements for his expenses in performing the duties of  his office.  The
commission shall annually choose a president, a vice  president, a treasurer and a secretary from among its
members and may also  appoint such other officers as it may deem necessary or appropriate to carry  out the
purposes of this compact.
 

32:17-5.  Functions, jurisdiction, etc., of state boards transferred to commission;  withdrawal or modification
 

     ARTICLE III.

     1.  There are hereby transferred to the commission all of the functions, jurisdiction, rights, powers and duties
of the respective state boards, as now prescribed by the laws of the respective states, and the same shall
hereafter be exercised and performed by the commission, subject to such modifications thereof as are
contained in this compact.  Either the state of New York or the state of New Jersey may by law applicable to
parks or park commissions generally within such state, or by law specifically applicable to the commission or to
any of the parks within such state under its jurisdiction, and  without the concurrence of the other state,
withdraw, modify, alter or amend  any of the functions, jurisdiction, rights, powers and duties transferred to
the commission by this article or confer additional functions, jurisdiction,  rights, powers and duties on the
commission, but such action by one state shall  be effective only within the territorial limits of such state.  The
commission  shall also have such additional functions, jurisdiction, rights, powers and  duties as may be
conferred upon it by both states.
 

32:17-6.  Title to property vested in commission;  commission substituted for state boards;  appropriations;
use of lands;  legislation as to use of park and regulation of traffic
 

     ARTICLE IV.

     1.  All legal and equitable title to or in any property, tangible or intangible and whether real, personal or
mixed, used or held as a part of, in connection with, or for the purposes of the park or parks now under the
jurisdiction, management or control of the respective state boards, or connected with the maintenance or
control thereof, in so far as the same shall have heretofore been vested in either of such state boards, is hereby
transferred to and vested in the commission, subject to such liens, easements, permits, life rights and other
contracts relating thereto or in respect thereof  as may now lawfully exist.  All such legal and equitable title
shall, upon the  taking effect of this compact, forthwith and thereafter reside in the  commission without further
act or deed or transfer.

    2.  The commission shall succeed and shall be and hereby is substituted for  each of the state boards in so
far as either of them has any obligation or  liability to any person, firm or corporation, has undertaken or
commenced any  proceeding or other business, is a party to any action, suit or proceeding (the  substitution of
the commission for either of the state boards in any action,  suit or proceeding to be deemed to be by operation
hereof without motion or  order) or has issued or promulgated any orders, rules or regulations, and also  in so
far as, consistent with the other provisions and the purposes of this  compact, the commission should be
regarded as succeeding and as substituted for  either of the state boards in any other respect in order that the
purposes of  this compact may be accomplished.  The balance of all appropriations heretofore  made by either
state and remaining to the credit of either of the state boards,  to which either state board is entitled, or in the
future would become entitled  if its existence continued, shall be deemed to be appropriations to the
commission herein created, and the commission shall, upon the taking effect of  this compact, succeed to all the
rights to any such appropriations theretofore  made with the same force and effect as if the commission had
originally been  specifically named in the respective appropriation acts instead of the  respective state boards
for which such appropriations were made.

    3.  All lands the title to which is hereby transferred to or shall hereafter  be owned by the commission shall be
and continue under the jurisdiction of the  commission and shall be used only for public park purposes and
none of said  lands or any part thereof shall be sold, exchanged or conveyed except with the  consent of both
states by specific enactments; provided, however, that the  commission shall have power to grant easements,
licenses, permits and other  rights over any lands held by it in either state when in the opinion of the
commission the same will not interfere with the use and enjoyment of the park  by the public.

    4.  Each state may by legislation make rules and regulations for the use and  government, including
regulation of traffic, of such portions of the park as  lie within the boundaries of the state, and such parts of
any state, county or  other public highways as lie within the limits of such portions of the park,  and all lands,
parks and parkways in the state under the jurisdiction of the  commission, prescribe the penalty or penalties for
violation of any such rules  or regulations, prescribe the procedure for enforcement of any such penalty or
penalties and provide the court or courts in which any such enforcement is to  be sought.
 

32:17-7.  Gifts, bequests or devises;  use of revenue and income; reports and estimates
 

     ARTICLE V.

     1.  All money, securities and other property, real and personal, heretofore  received by either of the state
boards or hereafter received by the commission  by way of gift, bequest or devise, may be retained by the
commission and,  except in so far as the purpose or manner of using the same is otherwise  specifically
designated or restricted by the terms of any such gift, bequest or  devise, may be used in the commission's
discretion in either state for any park  purpose;  and the commission may likewise retain and use all revenue
and income  arising solely from such money, securities and other property so received by  way of gift, bequest
or devise or from facilities or operations financed solely  by funds so received.  In the case of revenue and
income arising partly from  specific property received by way of gift, bequest or devise or from specific
facilities or operations financed partly by funds so received, the commission  may likewise retain and use such
proportion of such revenue and income as the  amount of gifts, bequests or devises, or the proceeds thereof,
invested in each  such property, facility or operation, bears to the total amount invested therein.  The
legislature of either state may from time to time by law specifically made applicable to the commission prescribe
other terms and conditions upon which or purposes for which any gifts, bequests or devises thereafter made of
money, securities or other property may be accepted for use  in such state or used in such state or prescribe a
different manner of administering gifts, bequests or devises thereafter made in such state and the  disposition
of all revenues or income arising therefrom.

    2.  Either state may from time to time by law require the commission to render to any designated official or
official body of such state such reports and such estimates of revenues and expenditures as may be specified
in such law.
 

32:17-8.  Pledging credit of state
 

     ARTICLE VI.

     1.  The commission shall not pledge the credit of either state except by and  with the authority of the
legislature thereof.
 

32:17-9.  Liability for torts
 

     ARTICLE VII.

     1.  Neither the state of New York nor the state of New Jersey shall be liable for any torts of the commission,
its members, officers or employees, except as provided by the laws of such state, but each member, officer and
employee of the commission shall, with respect to any tort committed by him in the exercise of his duties or in
the course of his employment as such member, officer or employee, be deemed to be an officer or employee of
the state where such tort was committed, and any liability arising from such tort shall be governed by the laws
of such state.
 

32:17-10.  Amendment of compact;  jurat
 

     ARTICLE VIII.

     1.  This compact may be amended from time to time by the concurrent action of the two states who are
parties hereto.

    In witness whereof, the sovereign states of New York and New Jersey, respectively, have caused this
compact to be signed and sealed in triplicate by  their respective commissioners thereunto duly authorized this
day of , nineteen hundred thirty-       .

     L.1937, c. 148, s. 1, pp. 364 to 371.
 

32:17-11.  Filling vacancies
 

    If by death, resignation or otherwise, a vacancy occurs among those appointed hereunder as commissioners
to enter into the aforesaid compact upon behalf of the state of New Jersey, the governor is hereby authorized
to fill such vacancy.

     L.1937, c. 148, s. 2, p. 372.
 

32:17-12.  Consent of congress;  effect of compact;  filing copy
 

    The said agreement or compact, when signed and sealed by the commissioners of each state and by the
governors of the respective states as hereinbefore provided, shall be presented by said commissioners to the
congress of the United States for its consent and approval, and when such consent and approval have been
given, said agreement or compact shall become binding upon the state of New Jersey and thereupon the
commission therein created shall be and become vested with all property and rights in or to property
transferred to and vested  in said commission by the terms of said agreement or compact, together with all
other rights, powers, duties and obligations provided for therein. As soon as  practicable after obtaining the
consent and approval of the congress of the  United States thereto, an original copy of said agreement or
compact shall be  filed in the office of the secretary of state of the state of New Jersey by the commissioners
named in section one hereof.

     L.1937, c. 148, s. 3, p. 372.
 

32:17-13.  Effective date

    This act shall take effect immediately.

     L.1937, c. 148, s. 4, p. 372.