86th Congress, H. R. 5854 AN ACT 73 STAT. 430. To clarify a provision in the Black Bass Act relating to the interstate transportation of fish, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of Black bass. the Black Bass Act of May 20, 1926, as amended (16 U.S.C. 855), is 46 Stat. 847. hereby revised to read as follows: "SEC. 9. Nothing in this Act shall be construed to prevent the shipment in interstate commerce of any fish or eggs for breeding or stocking purposes if they were caught, taken, sold, purchased, possessed, or transported in accordance with the law of the State, the District of Columbia, or Territory in which they were caught, taken, sold, purchased, possessed, or transported." Approved August 25, 1959. Public Law 86-234 AN ACT 73 STAT. 470. To amend chapter 3 of title 18, United States Code, so as to prohibit the use of aircraft or motor vehicles to hunt certain wild horses or burros on land belonging to the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 3 of title 18, United States Code, is amended by adding at the end thereof the following new section: "8 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes "(a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both. "(b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both. (c) As used in subsection (a) of this section "(1) The term 'aircraft' means any contrivance used for flight in the air; and "(2) The term 'motor vehicle' includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land." (b) The analysis of such chapter 3, immediately preceding section 41, is amended by adding at the end thereof the following new item: "47. Use of aircraft or motor vehicles to hunt certain wild horses or burros." Approved September 8, 1959. Horses and burros on public lands. Methods of hunting. 18 USC 41-46. 86th Congress, S. 2524 AN ACT Relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-IMPOSITION OF MINIMUM STANDARD SEC. 101. (a) No State, or political subdivision thereof, shall have power to impose, for any taxable year ending after the date of the enactment of this Act, a net income tax on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year are either, or both, of the following: (1) the solicitation of orders by such person, or his representative, in such State for sales of tangible personal property, which orders are sent outside the State for approval or rejection, and, if approved, are filled by shipment or delivery from a point outside the State; and (2) the solicitation of orders by such person, or his representative, in such State in the name of or for the benefit of a prospective customer of such person, if orders by such customer to such person to enable such customer to fill orders resulting from such solicitation are orders described in paragraph (1). (b) The provisions of subsection (a) shall not apply to the imposition of a net income tax by any State, or political subdivision thereof, with respect to (1) any corporation which is incorporated under the laws of such State; or (2) any individual who, under the laws of such State, is domiciled in, or a resident of, such State. (c) For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State during any taxable year merely by reason of sales in such State, or the solicitation of orders for sales in such State, of tangible personal property on behalf of such person by one or more independent contractors, or by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making sales, or soliciting orders for sales, of tangible personal property. (d) For purposes of this section (1) the term "independent contractor" means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders for the sale of, tangible personal property for more than one principal and who holds himself out as such in the regular course of his business activities; and (2) the term "representative" does not include an independent/ contractor. Taxes. Definitions. 73 STAT. 555. 73 STAT. 556. SEC. 102. (a) No State, or political subdivision thereof, shall have Restrictions. power to assess, after the date of the enactment of this Act, any net income tax which was imposed by such State or political subdivision, as the case may be, for any taxable year ending on or before such date, on the income derived within such State by any person from interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 101. 73 STAT. $56. Definition. Savings provision. (b) The provisions of subsection (a) shall not be construed— (1) to invalidate the collection, on or before the date of the enactment of this Act, of any net income tax imposed for a taxable year ending on or before such date, or (2) to prohibit the collection, after the date of the enactment of this Act, of any net income tax which was assessed on or before such date for a taxable year ending on or before such date. SEC. 103. For purposes of this title, the term "net income tax" means any tax imposed on, or measured by, net income. SEC. 104. If any provision of this title or the application of such provision to any person or circumstance is held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. TITLE II-STUDY AND REPORT BY CONGRESSIONAL SEC. 201. The Committee on the Judiciary of the House of Representatives and the Committee on Finance of the United States Senate, acting separately or jointly, or both, or any duly authorized subcommittees thereof, shall make full and complete studies of all matters pertaining to the taxation by the States of income derived within the States from the conduct of business activities which are exclusively in furtherance of interstate commerce or which are a part of interstate commerce, for the purpose of recommending to the Congress proposed legislation providing uniform standards to be observed by the States in imposing income taxes on income so derived. SEC. 202. The Committees shall report to their respective Houses the results of such studies together with their proposals for legislation on or before July 1, 1962. Approved September 14, 1959. 86th Congress, H. J. Res. 403 September 21, 1959 JOINT RESOLUTION Granting consent of Congress to a compact entered into between the State of Whereas the State of New York and the State of New Jersey have entered into a certain compact known as the New York-New Jersey Transportation Agency Compact, by means of concurrent legislation to that end, being chapter 420 of the Laws of New York of 1959, and chapter 13 of the Laws of New Jersey of 1959 as amended by chapter 24 of the Laws of New Jersey of 1959, for the development and execution of interim plans and the preparation of a long-range plan to deal with problems of mass transit systems for the transportation by common carrier of passengers to or across the Hudson River, or both, with respect to those phases with which either of the States, acting alone, cannot deal effectively: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Con- New Yorkgress, subject to the provisions and conditions of section 2 of this New Jersey Transportajoint resolution, is hereby given to the States of New York and New tion Agency Jersey for the New York-New Jersey Transportation Agency Com- Compact. pact, and to each and every part and article thereof: Provided, That nothing contained in said compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of the compact or the power of Congress, pursuant to the United States Constitution, over interstate or foreign commerce. Such compact reads as follows: "NEW YORK-NEW JERSEY TRANSPORTATION AGENCY COMPACT "ARTICLE 1 "LEGISLATIVE DECLARATION "1.1 Findings and policy. The legislatures of the State of New York and the State of New Jersey, respectively, hereby find and declare that: "(a) Provision for efficient and proper transportation of com muters and other persons by public mass transit methods within and 73 STAT, 575. between the states of New York and New Jersey is essential to the 73 STAT. 576. commerce, defense, and general welfare of the two states, and is in the public interest. "(b) Recent trends toward decay of existing mass transit systems, particularly in respect to those carrying passengers to or across the Hudson river or both, have created a condition of impending emergency requiring prompt action for the establishment on an interim basis of an operating system or systems designed to make the most effective use of existing facilities and services with the least financial hardship upon the operators thereof consistent with public needs. "(c) The present and future transit needs of the two states call for prompt development of an interim plan for the coordinated and integrated use of existing transit facilities and services, as well as for preparation of a long-range plan for a more permanent resolution of these problems. Present uncertainties as to the nature and extent of any acceptable and feasible long-range plan, as well as to the capital and operating costs of such a plan, require that such questions be |