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
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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ing the waterfront commission act, is REPEALED and a new section 5-p is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.