PRINTER'S NO. 3465
No. 2523 Session of 1976
INTRODUCED BY O'DONNELL, JUNE 14, 1976
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 14, 1976
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," prohibiting
12 commissioners, officers and employes from engaging in certain
13 activities.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The Governor is hereby authorized to enter into a
17 supplemental compact or agreement, on behalf of the Commonwealth
18 of Pennsylvania, with the State of New Jersey, further amending
19 and supplementing the compact or agreement between the
20 Commonwealth of Pennsylvania and the State of New Jersey
21 entitled "Agreement between the Commonwealth of Pennsylvania and
22 the State of New Jersey creating The Delaware River Joint
23 Commission as a body corporate and politic and defining its
24 powers and duties," which was executed on behalf of the
1 Commonwealth of Pennsylvania by its Governor on July first, one
2 thousand nine hundred and thirty-one, and on behalf of the State
3 of New Jersey by the New Jersey Interstate Bridge Commission by
4 its members on July first, one thousand nine hundred and thirty-
5 one, and which was consented to by the Congress of the United
6 States by Public Resolution Number twenty-six, being chapter two
7 hundred fifty-eight of the Public Laws, Seventy-second Congress,
8 approved June fourteenth, one thousand nine hundred and thirty-
9 two, which supplemental compact and agreement shall be in
10 substantially the following form:
11 "Supplemental agreement between the Commonwealth of
12 Pennsylvania and the State of New Jersey further amending and
13 supplementing the agreement entitled 'Agreement between the
14 Commonwealth of Pennsylvania and the State of New Jersey
15 creating The Delaware River Joint Commission as a body corporate
16 and politic and defining its powers and duties,' enlarging the
17 public purposes of the Delaware River Port Authority and
18 extending its jurisdiction, powers and duties, and defining such
19 additional purposes, jurisdiction, powers and duties.
20 The Commonwealth of Pennsylvania and the State of New Jersey
21 do hereby solemnly covenant and agree, each with the other, as
22 follows:
23 Said compact or agreement is further amended and supplemented
24 by adding thereto, as part thereof, following Article XII-B
25 thereof, an article reading as follows:
26 Article XII-C
27 (1) No commissioner, officer or employe shall:
28 (a) Participate in or in any way attempt to influence
29 commission actions or decisions relating to any matter in which:
30 (i) He has an interest, financial or otherwise, in
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1 substantial conflict with the proper discharge of his duties in
2 the public interest.
3 (ii) He has an interest, financial or otherwise, direct or
4 indirect, in any commission project or project area, other than
5 his own residence, within the Port District as defined in
6 Article XIII, or in any contract, sale, purchase, lease or
7 transfer of real or personal property to which the commission is
8 a party, or in any financial transaction involving commission
9 funds.
10 (b) Solicit or accept, receive or agree to receive, directly
11 or indirectly, money or other things of value, other than
12 compensation or expenses paid by the commission, for services
13 performed within the scope of, or related to, his commission
14 duties. This sub-paragraph shall not apply to the solicitation
15 or acceptance of contributions to the campaign of an announced
16 candidate for elective public office.
17 (c) Willfully disclose to any person, whether or not for
18 pecuniary gain, any information not generally available to
19 members of the public which he receives or acquires in the
20 course of or by reason of his official duties, or use for the
21 purpose of pecuniary gain, whether directly or indirectly, any
22 information not generally available to members of the public
23 which he receives or acquires in the course of and by reason of
24 his official duties.
25 (d) (i) As used in this article, a commissioner, officer or
26 employe shall have an interest, financial or otherwise, if the
27 action or decision will have a material or economic effect on:
28 (A) Any business entity in which a commissioner, officer or
29 employe has a direct or indirect investment worth more than one
30 thousand dollars ($1,000).
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1 (B) Any real property in which a commissioner, officer or
2 employe has a direct or indirect interest worth more than one
3 thousand dollars ($1,000).
4 (C) Any source of income, loans or gifts aggregating two
5 hundred fifty dollars ($250) or more in value received by or
6 promised to a commissioner, officer or employe within twelve
7 months prior to the time when the action is taken or decision
8 made.
9 (D) Any business entity in which a commissioner, officer or
10 employe is a director, officer, partner, trustee, employe, or
11 holds any position of management.
12 (ii) For the purposes of this article, indirect financial
13 interest means any known direct financial interest of a son,
14 daughter, father, mother, spouse, brother or sister, or a
15 relative by adoption, half-blood, marriage or remarriage, or an
16 agent, of any commissioner, officer or employe, or any
17 corporation or business entity controlled by any commissioner,
18 officer or employe by a trust in which any such person has a
19 substantial economic interest. A business entity is controlled
20 by a commissioner, officer or employe, or a son, daughter,
21 father, mother, spouse, brother, sister, or a relative by
22 adoption, half-blood, marriage or remarriage, or an agent,
23 holding more than fifty per centum of the ownership interest in
24 the entity. A commissioner, officer or employe has a substantial
25 interest in a trust when the commissioner, officer or employe,
26 or a son, daughter, father, mother, spouse, brother, sister, or
27 a relative by adoption, half-blood, marriage, or remarriage, or
28 an agent, have a present or future interest worth more than one
29 thousand dollars ($1,000).
30 (e) Sub-paragraph (a) shall not apply to any commissioner or
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1 officer with respect to any matter which could not legally be
2 acted upon or decided without his participation; provided, the
3 commissioner or officer shall specifically disclose as a matter
4 of official public record the existence of any interest, direct
5 or indirect, before he participates in any action or decision.
6 (f) No commissioner or officer of the commission shall act
7 or decide upon any matter before the commission in which he has
8 an interest unless and until he files a statement which shall be
9 an official public record that he has a personal interest in
10 such matter and that notwithstanding his interest, he is able to
11 cast a fair and objective vote.
12 (2) Any contract or agreement knowingly made in violation of
13 paragraph (1) of this article by a majority of the members from
14 Pennsylvania, or a majority of the members from New Jersey or
15 the authorized officer making the contract for the commission,
16 or the party contracting with the commission shall be voidable.
17 (3) During April of each year, each commissioner and officer
18 shall file with the secretary a statement setting forth the
19 name, address and/or general description of any known direct or
20 indirect financial interest which would constitute a conflict of
21 interest under sub-paragraph (a) of paragraph (1) of this
22 article.
23 (4) Any commissioner who violates paragraph (1) of this
24 article may be removed after a hearing by the Governor of his
25 State or by such board or authority having the power to do so.
26 Any officer or employe violating paragraph (1) of this article
27 may be subject to removal or discipline by the commission after
28 a hearing.
29 (5) (a) The Attorney General or a citizen or group of
30 citizens of the Commonwealth of Pennsylvania or the State of New
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1 Jersey may bring an action in the Commonwealth Court of
2 Pennsylvania or the Superior Court of New Jersey to enjoin
3 violation of or enforce compliance with the provision of
4 paragraph (1) of this article.
5 (b) If it is determined that a violation of paragraph (1) of
6 this article has occurred, and if the official who committed the
7 violation realized an economic benefit as a result of the action
8 or decision, the court may impose a penalty against the official
9 of up to three times the value of the benefit, which shall be
10 payable to the commission with interest. If it is determined
11 that a violation has occurred the court shall also direct the
12 commissioner, officer or employe who has been found in violation
13 to reimburse the commission for any expenditures incurred in
14 defending the action on his behalf.
15 (c) The court may award reasonable attorney fees and court
16 costs to the prevailing party.
17 (d) Commissioners, officers and employes shall be subject,
18 in addition to the provisions of this article, to such criminal
19 and civil sanctions for misconduct in office as may be imposed
20 by Federal law and law of the state of which the offender is a
21 citizen.
22 Section 2. Upon its signature on behalf of the State of New
23 Jersey and the Commonwealth of Pennsylvania, the supplemental
24 compact or agreement hereinabove set forth shall become binding
25 and shall have the force and effect of a statute of the
26 Commonwealth of Pennsylvania; and the commission referred to in
27 such supplemental compact or agreement shall thereupon become
28 vested with all the powers, rights and privileges and be subject
29 to the duties and obligations provided for therein, as though
30 the same were specifically authorized and imposed by statute;
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1 and the Commonwealth of Pennsylvania shall be bound by all of
2 the obligations assumed by it under such supplemental compact or
3 agreement, and the Governor shall transmit an original signed
4 copy thereof to the Secretary of the Commonwealth for filing in
5 his office.
6 Section 3. The Governor is hereby authorized to apply, on
7 behalf of the Commonwealth of Pennsylvania, to the Congress of
8 the United States for its consent and approval to such
9 supplemental compact or agreement, but in the absence of such
10 consent and approval, the commission referred to in such
11 supplemental compact or agreement shall have all of the powers
12 which the Commonwealth of Pennsylvania and the State of New
13 Jersey may confer upon it without the consent and approval of
14 Congress.
15 Section 4. Except where specifically amended or repealed by
16 this act, the provisions of the agreement authorized by the act,
17 approved the twelfth day of June, one thousand nine hundred and
18 thirty-one (Pamphlet Laws 575), the provisions of the agreement
19 authorized by the act, approved the eighteenth day of July, one
20 thousand nine hundred and fifty-one (Pamphlet Laws 1010), the
21 provisions of the agreement authorized by the act, approved the
22 tenth day of August, one thousand nine hundred and fifty-one
23 (Pamphlet Laws 1206) and the provisions of the agreement
24 authorized by the act, approved the eleventh day of June, one
25 thousand nine hundred and sixty-three are maintained in full
26 force and effect.
27 Section 5. If any provision of this act or the application
28 thereof to any person or circumstance is held invalid, such
29 invalidity shall not affect other provisions or applications of
30 the act which can be given effect without the invalid provision
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1 or application, and to this end the provisions of this act are
2 declared to be severable.
3 Section 6. This act shall take effect immediately; but the
4 Governor shall not enter into the supplemental compact or
5 agreement hereinabove set forth on behalf of the Commonwealth of
6 Pennsylvania until passage by the State of New Jersey of a
7 substantially similar act embodying the supplemental compact or
8 agreement between the two states.
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