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STATE OF NEW YORK
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7155--A

2011-2012 Regular Sessions

IN ASSEMBLY

April 14, 2011
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Introduced  by M. of A. CUSICK, FARRELL -- read once and referred to the
  Committee on Corporations, Authorities and  Commissions  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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ing  the waterfront commission act, is REPEALED and a new section 5-p is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.  LONGSHOREMEN'S REGISTER.  THE COMMISSION SHALL ACCEPT APPLICA-
TIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER: (A) UPON THE  RECOM-
MENDATION  IN  WRITING OF STEVEDORES 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  ORGAN-
IZATION;  OR  (B) UPON THE PETITION 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10519-03-1
A. 7155--A                          2

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
amendatory  thereof,  and shall be liberally construed to effectuate the
purposes of that 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.