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]LAWS Or NiEw YoRc, 1950CHAPTER 300

AN ACT to aniind the penal law, in relation to second and third felonyoffenders

Became a law March :10, 1050, witi the apiw'oval of the Governor. Passed,by a majority vote, three-fifths heing present.The People of the State of New York, represen ed in Senate and Assembly,do enant as follows:Sclion 1. Section nineteen hundred forty-one of the penal law, Penalas last amended by chapter seven hundred -of the laws of nine- jit.teen hundred forty-two, is hereby amended to read as follows: amld. 1941. Punishment for second or third offense of felony. Aperson, who, after having been once or twice convicted withinthis state, of a felony, of an attempt to commit a felony, or, underthe laws of any other state, government, or country, of a crimewhich, if committed within this state, would be a felony, commitsany felony, within this state, is punishahle upon conviction ofsuch second or third offense, as follows:If the second or third felony is such that, upon a first convic-tion, the offender would be punishable by imprisonment for anyterm less than his natural life, lhen such person must be sentencedto imprisonment for an indeterminate term, the minimum ofwhich shall be not less than one-half of the longest term pre-scribed upon a first conviction, and the maximum of which shall

be not longer than twice such longest term.'For purposes of this section, conviction of two or more crimescharged in separate counts of one indictment or information, orin two or more indictments or informations consolidated for trial,shall he deemed to be only one conviction. 2. This act shall take effect immediately and shall apply onlyto crimes committed on or after the effvctiv, date of this aet.

CHAPTER 301AN ACT agreeing with the state of New Jersey with respect to suits againstthe Port of New York AuthorityBecame a lpw' March 30, 1050, with the approval of the Governor. Passed,hy a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly,do canct as follows:Section 1. Upon the concurrence of the state of New Jersey in PortofewvYorkaccordance with section twelve hereof, the states of New York and Authority.

New Jersey consent to suits, actions or proceedings of any form mot,,idIWorls "; provided, however, ttni thl nihiiinionn svt i-te inmposid here.under upon suo.h sevond or third felony offender shall in no vase 1t less itntfive y,a r; exeept that where the nitxlimunt ptuiinlent, foir nnnieotnd or thirdfnilny offendn itereuingler i; tivi, yelars or leaN, ine Innnniutltn senttellep lltlntbe In t less Ihan two yeris" oMot t ll.

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LAWS OF NEW YORK, 1950or nature at law, in equity or otherwise (including proceedings toenforce arbitration agreements) against the Port of New YorkAuthority (hereinafter referred to as the "port authority"),and to appeals therefrom and reviews thereof, except as herein-after provided in sections two through five, inclusive, hereof. 2. The foregoing consent does not extend to suits, actions orproceedings upon any causes of action whatsoever accruing beforethe effective date of this act, other than causes of actions upon, inconnection with, or arising out of notes, bonds or other obligationsor securities secured by a pledge of the general reserve fund ofthe port authority. 3. The foregoing consent does not extend to suits, actions orproceedings upon any causes of action whatsoever, upon, in con-nection with, or arising out of any contract, express or implied,entered into or assumed by or assigned to the port authority beforethe effective date of this act (including any supplement to, oramendment, extension or renewal of any such contract, even if suchsupplement, amendment, extension or renewal is made on or afterthe effective date of this act), regardless of whether such cause ofaction accrued before or after that date, other than causes ofaction upon, in connection with or arising out of notes, bonds orother obligations or securities secured by a pledge of the generalreserve fund of the port authority. 4. The foregoing consent does not extend to civil suits, actionsor proceedings for the recovery of statutory penalties. 5. The foregoing consent does not extend to suits, actions orproceedings for judgments, orders or decrees restraining, enjoin.ing or preventing the port authority from committing or con-tinuing to commit any act or acts, other than suits, actions orproceedings by the lttorney general of New York or by theattorney general of New Jersey-each of whom is hereby authorizedto bring such suits, actions or proceedings in his discretion onbehalf of any person or persons whatsoever who requests him soto do except in the cases excluded by sections two, three and fourof this act; provided, that in anY such suit. action or proveedin.no judgment, order or decree shall be entered except upon at leasttwo days' prior written notice to the port authority of the pro.posed entry thereof. 6. The foregoing consent is granted upon the condition thatvenue in any suit, action or proceeding against the port authorityshall be laid within a county or a judicial district, established byone of said states or by the United States, and situated wholly orpartially within the port of New York district. The port authorityshall be deemed to be a resident of each such county or judicialdistrict for the purpose of such suits, actions or proceedings.Although the port authority is engaged in the performance ofgovernmental funetions, the said two states consent to liability onthe part of the port authority in such suits, actions or proceedingsfor tortious acts committed by it and its agents to the same extentas though it were a private corporation.

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LAws Op NEW YORK, 1950 7. The foregoing consent is granted upon the condition thatany suit, action or proceeding prosecuted or maintained under thisact shall be commenced within one year after the cause of action

therefor shall have accrued, and upon the further condition thatin the ease of any suit, action or proceeding for the recovery orpayment of money, prosecuted or maintained under this act, anotice of claim shall have been served upon the port authority byor on behalf of the plaintiff or plaintiffs at least sixty days beforesuch suit, action or proceeding is commenced. The provisions ofthis section shall not apply to claims arising out of provisions ofany workmen's compensation law of either state. 8. The notice of claim required by section seven hereof shallbe in writing, sworn to by or on behalf of the claimant or claim-ants, and shall set forth (1) the name and post office address ofeach claimant and of his attorney, if any, (2) the nature of theclaim, (3) the time when, the place where and the manner in whichthe claim arose, and (4) the items of damage or injuries claimedto have been sustained so far as then practicable. Such notice maybe served in the manner in which process may be served, or in lieuthereof, may be sent by registered mail to the port authority atits principal office. Where the claimant is an infant or is mentallyor physically incapaeitated and by reason of such disability nonotice of claim is filed or suit, action or proceeding commencedwithin the time specified in section seven hereof, or where a personentitled to make a claim dies and by reason of his death no noticeof claim is filed or suit, action or proceeding commenced withinthe time specified in section seven hereof then any court in whichsuch suit, action or proceeding may be brought may in its discre-tion grant leave to serve the notice of claim and to commence thesuit, action or proceeding within a reasonable time but in anyevent within three years after the cause of action accrued. Appli-cation for such leave must be made upon an affidavit showing theparticular facts which caused the delay and shall be accompaniedby a copy of the proposed notice of claim if such notice has notbeen served, and such application shall be made only upon noticeto the port authority. 9. The commissioners, officers or employees of the port authorityshall not be subject to suits, actions or proceedings for judgments,orders or decrees restraining, preventing or enjoining them intheir official or personal capacities from committing or continuingto commit any act or acts on behalf of the port authority otherthan suits, actions and proceedings brought by the attorney gen-eral of New York or by the attorney general of New Jersey or bythe port authority itself--ea.h of ' said attorneys general beinghereby authorized to bring sitch suits, actions or proceedings inhis discretion on behalf of any person or persons whatsoever whorequests him so to do except in tihe eases excluded by sections two,three and four of this act; provided, that in any such suit, actionor proeeding brought by either attorney general, no judgmentorder or decree shall be entered except upon at least two daysnotice to the defendant of the proposed entry thereof.

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LAws or NEw YoRK, 1950 10 . Nothing herein contained shall be deemed to revoke, rescindor affect any consents to suits, actions or proceedings against theport authority heretofore given by the two said states in chapter

eight hundred two of the laws of New York of nineteen hundredforty-seven, as amended, and chapter forty-three of the laws ofNew Jersey of nineteen hundred forty-seven, as amended; chaptersix hundred thirty-one of the laws of New York of nineteen hun-dred forty-seven, as amended; chapter forty-four of the laws ofNew Jersey of nineteen huhndrd forty-seven, 11 amehded, andchapter five hundred thirty-foi'r of the laws (of New York of nine-teen hundred forty-eight and (.lapter ninety-seven of the laws ofNow Jersey of nineteen hundred forty-eight. 11. This act together with the act of the state of New Jerseyconcurring herein in accordance with section twelve hereof, shallconstitute an agreement between the states of New York and NewJersey supplementary to and amendatory of the compact betweenthe two said states dated April thirtieth, nineteen hundredtwenty-one. 12. This act shall take effect upon the enactment into law bythe state of New Jersey of legislation having an identical effectwith the provisions of this act; but if the state of New Jersey shallhave already enacted such legislation, then this act shall takeeffeet immediately.

CHAPTER 302AN ACT to amend the mintai hygiene law, In relation to the creation of acouncil in the department of mental hygiene to consider matters pertainingto the state mental hygiene progrnam and to advise tie commissioner ofmental hygieneBecame a law March 30, 1960, with the approval of the Governor. Passed,by a majority vote, three-fifths being present

7'he People of the State of New York, rcprcseuted in Senate and Assembly,do enact as follows:Men Section 1. The mental hygiene law is hereby amended by addingl,. thereto a new section, to be section three-h, to read as follows:nlewI -b. 3-h. Mental hygiene council. 1. There is hereby created anddded. established a council in the department of mental hygiene, to beknown as the mental hygiene council, to consist of the commissionerof mental hygiene and ten members hereinafter called the appointivemembers, to be appointed by the governor, of whom at least six shallbe physicians with a minimum of five years experience after medicalinternship. Of the physicians so appointed, two shall be skilled inthe practice of psychiatry, one in the practice of hospital adminis-

tration, one in the practice of pedliatries, one in the practice ofinternal medicine and one in the field of public health education.The governor shall designate one of the members of the council aschairman anl one as vice-chairmnn.2. The terni of office of each appointive member of the councilshall be for six years provided, however, that of the members first

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