S T A T E   O F   N E W   Y O R K
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                                  5274

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the waterfront commission act, in relation to empowering
  the waterfront commission to accept applications in the longshoremen's
  register; and to repeal section 5-p of such act relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 5-p of chapter 882 of the laws of 1953, constitut-
ing the waterfront commission act, is REPEALED and a new section 5-p  is
added to read as follows:
  S  5-P.  THE COMMISSION SHALL ACCEPT APPLICATIONS FOR INCLUSION IN THE
LONGSHOREMEN'S REGISTER UPON THE RECOMMENDATION IN WRITING OF  STEVEDORE
AND  OTHER  EMPLOYERS  OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT,
ACTING THROUGH THEIR  REPRESENTATIVES  FOR  THE  PURPOSE  OF  COLLECTIVE
BARGAINING  WITH  A LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN IN
SUCH DISTRICT AND SUCH LABOR ORGANIZATION OR IN WRITING OF  A  STEVEDORE
OR  ANOTHER  EMPLOYER  OF  LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT
WHICH DOES NOT HAVE A  REPRESENTATIVE  FOR  THE  PURPOSE  OF  COLLECTIVE
BARGAINING WITH A LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN.
  S  2.  If any part or provision of this act or the application thereof
to any person or circumstances be  adjudged  invalid  by  any  court  of
competent jurisdiction, such judgment shall be confined in its operation
to  the  part, provision or application directly involved in the contro-
versy in which such judgment shall have  been  rendered  and  shall  not
affect or impair the validity of the remainder of this act or the appli-
cation  thereof  to  other  persons  or circumstances and the two states
hereby declare that they would have entered into this act or the remain-
der thereof had the invalidity of such provisions or application thereof
been apparent.
  S 3. This act constitutes an agreement between the states of New  York
and  New  Jersey, supplementary to the waterfront commission compact and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09027-01-9
              

A. 5274                             2

amendatory thereof, and shall be liberally construed to  effectuate  the
purposes of said compact and the powers vested in the waterfront commis-
sion  hereby  shall be construed to be in aid of and supplemental to and
not  in  limitation  of or in derogation of any of the powers heretofore
conferred upon or delegated to the waterfront commission.
  S 4. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation,  then  it  shall take effect immediately; and provided that
the waterfront commission shall notify  the  legislative  bill  drafting
commission  upon  the  occurrence  of  the  enactment of the legislation
provided for in section one of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of laws of the state  of  New  York  in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.