SENATE, No. 2332
STATE OF NEW JERSEY
INTRODUCED DECEMBER 1, 1997
By Senator DiFRANCESCO
An Act concerning the "Waterfront Commission Compact," P.L.1953, c.202 (C.32:23-1 et seq.), providing for the extension of the term of the license granted to stevedores pursuant to Article VI thereof, and amending P.L.1991, c.248.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.248 (C.32:23-23.1) is amended to read as follows:
1. A stevedore's license shall, notwithstanding the provisions of Article VI, paragraph 5 of P.L.1953, c.202 (C.32:23-23) be for a term of [three]five years or fraction of such [three]five-year period, and shall expire on the first day of December. In the event of the death of the licensee, if a natural person, or its termination or dissolution by reason of the death of a partner, if a partnership, or if the licensee shall cease to be a party to any contract of the type required by subdivision (d) of paragraph 3 of Article VI (C.32:23-21), the license shall terminate 90 days after such event or upon its expiration date, whichever shall be sooner. A license may be renewed by the commission for successive [three]five-year periods upon fulfilling the same requirements as are set forth in Article VI for an original application for a stevedore's license.
(cf: P.L.1991, c.248, s.1)
2. (New section) 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 controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this act or the application thereof to other persons or circumstances and the two states hereby declare that they would have entered into this act or the remainder thereof had the invalidity of such provisions or application thereof been apparent.
3. (New section) This act constitutes an agreement between the states of New Jersey and New York, supplementary to the waterfront commission compact and amendatory thereof, and shall be liberally construed to effectuate the purposes of said compact and the powers vested in the waterfront commission 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.
4. This act shall take effect immediately but shall remain inoperative until the enactment into law by the State of New York of legislation of substantially similar substance and effect; but if such legislation already has been enacted, this act shall take effect immediately.
This bill amends the "Waterfront Commission Compact," P.L.1953, c.202 (C.32:23-1 et seq.) between the State of New Jersey and the State of New York, and consented to by the Congress of the United States pursuant to the provisions of Pub.L.252, c.407, 67 Stat. 541 et seq., which regulates certain activities relating to waterborne freight.
The bill extends the licensing period for stevedores from three years to five years and authorizes the commission to review stevedore licenses for successive five-year rather than three-year periods.
For the provisions of this act to have the force of law, the State of New York must adopt substantially identical legislation.
Extends duration of licenses for stevedores.