BILL NUMBER:  S5039

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :  The purpose of this legislation is
to give employers at the Port of New York and New Jersey (PONYNJ) the
authority to control the size of the longshore workforce.

 SUMMARY OF SPECIFIC PROVISIONS :  Section 1. Section 5-p of chapter
882 of the laws of 1953, as added by chapter 127 of the laws of 1966 ,
the section heading as added by chapter 654 of the laws of 1982 and
subdivision 4 as amended by chapter 322 of the laws of 1997 and as
further amended by chapter 431 of the laws of 1999, constituting the
waterfront commission act, is REPEALED and a new section 5-p is added
constituting the waterfront commission act, is REPEALED and a new
section is added which directs the Waterfront Commission of New York
Harbor to accept applications upon the recommendation of Stevedores
and other employers of longshoremen in the port of New York district.

Section 2. If any part or provision of this act is deemed invalid by
any court of competent jurisdiction, that judgment shall only be
applied to the specific provision found invalid and it shall not
affect or impair the remainder of this act.
              

Section 3. This act constitutes an agreement between the states of New
York and New Jersey, and shall be viewed as supplementary to the Water
Commission Compact and adopted to accomplish the purposes of this
compact.

Section 4. Effective Date.

 JUSTIFICATION :  Forty-three years ago New York and New Jersey
supplemented their bi-state Waterfront Commission Compact by enacting
Section 5-p, the "controlled register statute." The statute empowers
the Waterfront Commission of New York Harbor to control the size of
the longshore workforce in the PONYNJ by periodically opening and
closing the register of persons licensed to work on the docks.
Employers in the PONYNJ are the only employers in the nation denied
the ability to perform the basic management function of hiring new
workers or replacing those lost through attrition and retirement.

Since the conditions that prompted this legislation no longer exist,
Section 5-p as presently written has become an anachronism that
impedes the expeditious hiring and training of additional dock workers
needed to handle increases in cargo volume. Failure to have an
adequate workforce skilled in the operation of modern cargo-handling
equipment has hindered and will continue to hinder efficient Port
operations and threatens the economic engine propelled by the Port. At
risk is the Port's hard-won share of the increasing amount of
international trade that can easily be diverted to other ports. It is
expected that a major channel deepening and expansion project underway
in the Panama Canal by 2014 will cause a major spike in the growth of
the industry. This will present an opportunity and challenge to
provide adequate manpower available to handle the anticipated
increases in cargo volumes directed toward the PONYNJ. The reform of
the current Waterfront Commission process resulting in prompt
responsive action to critical labor demands will be a major
consideration in the decision to use PONYNJ as a port of call.  The
effect of this loss on the economy of New York would be staggering.

This legislation gives employers at the PONYNJ the authority to
control the size of the longshore workforce without the artificial
constraints of an administrative agency ill-suited for making
market-driven commercial decisions. However, it retains the
Commission's traditional role in the longshore licensing process.
Under this legislation, hiring in the longshore industry would conform
to hiring practices in other industries employing licensed personnel
where private industry determines the number of new employees needed
and selects the individuals to fill these positions. These individuals
would still be subject to review by the Commission to insure the good
character and integrity of the workers selected. This change does not
interfere with the Waterfront Commission's police powers or ability to
conduct state and federal criminal history background checks.

 PRIOR LEGISLATIVE HISTORY : None.

 FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :  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 the 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.