What's happening
This bill dissolves the Waterfront Commission and transfers its powers to the New York State Police for patrolling the Port of New York waterfront.
Why it matters
Major shift in waterfront oversight and law enforcement. By transferring the Waterfront Commission’s powers to the State Police, New York is fundamentally changing who enforces anti-corruption, labor licensing, and law enforcement at the Port of New York. This could affect how effectively criminal infiltration, racketeering, and labor abuses are policed at the port, given the State Police's different institutional focus and resources compared to a specialized agency.
Retention of strict labor and licensing controls. The draft maintains comprehensive licensing, registration, and oversight requirements for longshoremen, stevedores, pier superintendents, hiring agents, port watchmen, and checkers. This means background checks, fingerprinting, and bans on individuals with certain criminal or organized crime ties continue, aiming to prevent criminal organizations from regaining a foothold in the port workforce.
Employment protections and labor rights. The bill explicitly preserves collective bargaining rights, the right to strike, and union representation for port workers. This ensures that, despite the administrative overhaul, workers' rights and union protections remain intact, which is significant for labor stability and ongoing worker protections.
Financial and operational continuity. The legislation includes detailed provisions on how the State Police will assume assets, personnel, contracts, and funding mechanisms from the Waterfront Commission. This is to ensure a seamless transition and uninterrupted regulation/patrol of the port, but it also places new budgetary and administrative responsibilities on state agencies, potentially impacting state finances and port operations in the short term.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
State Police Patrol Waterfront
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to rules
Full text
31 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8917
IN SENATE
June 4, 2018
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to empowering the division of state police to patrol the port of New York waterfront and to dissolve the waterfront commission
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new article 11-A to read as follows:
ARTICLE 11-A
PORT OF NEW YORK WATERFRONT PATROL Section 234-a. Definitions.
234-b. Exercise of authority.
234-c. Powers and duties.
234-d. Pier superintendents.
234-e. Stevedores.
234-f. Longshoremen.
234-g. Longshoremen lapse.
234-h. Longshoremen lapse requirements.
234-i. Qualified longshoremen register.
234-j. Longshoremen register application.
234-k. Port watchman license.
234-l. Denial, revocation, cancellation and suspension of
license and applications.
234-m. Hearings.
234-n. Employment information centers.
234-o. Telecommunications system.
234-p. Application denial for crime activity.
234-q. License revocation for certain activity.
234-r. Refusal to cooperate.
234-s. Suspension pending case outcome.
234-t. Cooperation with other entities.
234-u. Preservation of rights.
234-v. Leave, transfer and retirement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15842-01-8
S. 8917 2
234-w. Budget.
234-x. Disbursement of budget.
234-y. Unlawful loading and unloading.
234-z. Prohibition of certain solicitation.
234-aa. Obstruction of investigation and civil actions.
234-bb. Failure to give testimony, false testimony.
234-cc. Dissolution of commission.
§ 234-a. Definitions. As used in this article:
a. "Career offender" means a person whose behavior is pursued in an occupational manner or context for the purpose of economic gain, utilizing methods that are deemed criminal violations against the laws of this state.
b. "Career offender cartel" means a number of career offenders acting in concert, and may include what is commonly referred to as an organized crime group.
c. "Carrier" means a carrier as that term is defined in 49 U.S.C. § 13102.
d. "Carrier of freight by water" means any person who may be engaged or who may hold himself or herself out as willing to be engaged, whether as a common carrier, a contract carrier, or otherwise, except for carriage of liquid cargoes in bulk in tank vessels designed for use exclusively in that service or carriage by barge of bulk cargoes consisting of only a single commodity loaded or carried without wrappers or containers and delivered by the carrier without transportation mark or count, in the carriage of freight by water between any point in the port of New York district, as applicable only within the state of New York, and a point outside that district.
e. "Checker" means a longshoreman who is employed to engage in direct and immediate checking of waterborne freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores.
f. "Commission" means the waterfront commission of New York harbor established pursuant to chapter 882 of the laws of 1953, and chapter 202 of the laws of New Jersey of 1953.
g. "Common carrier" means a common carrier as that term is defined in 46 U.S.C. § 40102.
h. "Compact" means the compact entered into by the state of New York pursuant to its agreement thereto under chapter 882 of the laws of 1953, and chapter 202 of the laws of New Jersey of 1953, as amended and supplemented.
i. "Consignee" means the person designated on a bill of lading as the recipient of waterborne freight consigned for carriage by water.
j. "Container" means any receptacle, box, carton, or crate which is specifically designed and constructed so that it may be repeatedly used for the carriage of freight by a carrier of freight by water.
k. "Contract carrier" means a contract carrier as that term is defined in 49 U.S.C. § 13102.
l. "Division" means the division of state police.
m. "Freight" means freight which has been or will be, carried by, or consigned for carriage by a carrier of freight by water.
n. "Hiring agent" means any natural person who, on behalf of a carrier of freight by water or a stevedore, shall select any longshoreman for employment, and "hiring agent" includes any natural person, who on behalf of any other person shall select any longshoreman for employment.
S. 8917 3
o. "Immunity" means that a person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, pursuant to an order of the division, the person gave answer or produced evidence, and that no answer given or evidence produced shall be received against the person upon any criminal proceeding.
p. "Labor organization" means and includes any organization which exists and is constituted for the purpose in whole or in part of collective bargaining, or of dealing with employers concerning grievances, terms and conditions of employment, or other mutual aid or protection, but "labor organization" shall not include a federation or congress of labor organizations organized on a national or international basis even though one of its constituent labor organizations may represent persons so registered or licensed.
q. "Longshoreman" means a natural person, other than a hiring agent, who is employed for work at a pier or other waterfront terminal, either by a carrier of freight by water or by a stevedore, to: (1) physically move waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals; (2) engage in direct and immediate checking of any such freight or of the custodial accounting therefor or in the recording or tabulation of the hours worked at piers or other waterfront terminals by natural persons employed by carriers of freight by water or stevedores; (3) supervise directly and immediately others who are employed as a longshoreman; (4) physically to perform labor or services incidental to the movement of waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals; (5) physically move waterborne freight to or from a barge, lighter, or railroad car for transfer to or from a vessel of a carrier of freight by water which is, shall be, or shall have been berthed at the same pier or other waterfront terminal; or (6) perform labor or services involving, or incidental to, the movement of freight at a pier or other waterfront terminal.
r. "Longshoremen's register" means the register of eligible longshoremen compiled and maintained by the division pursuant to section two hundred thirty-four-f of this article.
s. "Marine terminal" means an area which includes piers, which is used primarily for the moving, warehousing, distributing, or packing of waterborne freight or freight to or from piers and which is under common ownership or control with the pier.
t. "Other waterfront terminal" means any warehouse, depot, or other terminal, other than a pier, which is located within a marine terminal in the port of New York district and which is used for waterborne freight in whole or substantial part, and includes any warehouse, depot, or other terminal, other than a pier, whether enclosed or open, which is located in a marine terminal in the port of New York district, any part of which is used by any person to perform labor or services involving, or incidental to, the movement of waterborne freight or freight.
u. "Person" means not only a natural person but also any partnership, joint venture, association, corporation, or any other legal entity but shall not include the United States, any state or territory thereof, or any department, division, board, authority, or authority of one or more of the foregoing.
v. "Pier" means any wharf, pier, dock, or quay in regular use for the movement of waterborne freight between vessel and shore.
w. "Pier superintendent" means any natural person other than a longshoreman who is employed for work at a pier or other waterfront terminal
S. 8917 4
by a carrier of freight by water or a stevedore and whose work at the pier or other waterfront terminal includes the supervision, directly or indirectly, of the work of longshoremen.
x. "Port of New York district" or "district" means the district created by Article II of the compact dated April 30, 1921, between the states of New York and New Jersey, authorized by chapter 154 of the laws of New York of 1921 and chapter 151 of the laws of New Jersey of 1921.
y. "Port watchman" means any watchman, gateman, roundsman, detective, guard, guardian, or protector of property employed by the operator of any pier or other waterfront terminal or by a carrier of freight by water to perform services in that capacity on any pier or other waterfront terminal.
z. "Select any longshoreman for employment" means select a person for the commencement or continuation of employment as a longshoreman, or the denial or termination of employment as a longshoreman.
aa. "State comptroller" and "comptroller" means the comptroller of the state of New York.
bb. "Stevedore" means a contractor, not including an employee, engaged for compensation pursuant to a contract or arrangement with a carrier of freight by water, in moving waterborne freight carried or consigned for carriage by the carrier on vessels of the carrier berthed at piers, on piers at which the vessels are berthed or at other waterfront terminals. "Stevedore" shall also include: (1) a contractor engaged for compensation pursuant to a contract or arrangement with the United States, any state or territory thereof, or any department, division, board, commission, or authority of one or more of the foregoing, in moving freight carried or consigned for carriage between any point in the port of New York district and a point outside that district on vessels of the public agency berthed at piers, on piers at which their vessels are berthed or at other waterfront terminals; (2) a contractor, engaged for compensation pursuant to a contract or arrangement with any person to perform labor or services incidental to the movement of waterborne freight on vessels berthed at piers, on piers or at other waterfront terminals; or (3) a contractor engaged for compensation pursuant to a contract or arrangement with any other person to perform labor or services involving, or incidental to, the movement of freight into or out of containers, which have been or which will be carried by a carrier of freight by water, on vessels berthed at piers, on piers or at other waterfront terminals.
cc. "Terrorist group" means a group associated, affiliated, or funded in whole or in part by a terrorist organization designated by the United States Secretary of State in accordance with section 219 of the federal Immigration and Nationality Act, as amended from time to time, or any other organization which assists, funds, or engages in crimes or acts of terrorism as defined in the laws of the United States, or of this state.
dd. "Transfer date" means the ninetieth day following the notification by the governor pursuant to section two hundred thirty-four-b of this article.
ee. "Waterborne freight" means freight carried by or consigned for carriage by carriers of freight by water, and shall also include freight described in the definition of "stevedore" and in the definition of "other waterfront terminal." Provided, however, that at the point at which the freight is released from a pier or marine terminal to the possession of the consignee or the person designated by the consignee, the freight shall no longer be considered waterborne freight if:
(1) the freight is not further transported by water; and
S. 8917 5
(2) services involving or incidental to the unloading, storage, inspection, grading, repackaging, or processing of freight occur at a location outside a pier or marine terminal.
ff. "Witness" means any person whose testimony is desired in any investigation, interview, or other proceeding conducted by the division under the authority granted pursuant to this article.
§ 234-b. Exercise of authority. a. Until the transfer date established pursuant to subdivision dd of section two hundred thirty-four-a of this article shall have become operative, the division shall not exercise any powers, rights, or duties conferred by this article or by any other law in any way which will interfere with the powers, rights, and duties of the commission. The division and the commission are directed to cooperate with each other after the date of notification pursuant to this section until the transfer date, and the commission shall make available to the division all information concerning its property and assets, contracts, operations, and finances within New York as the division may require to provide for the efficient exercise by the division of all powers, rights, and duties conferred upon the division by this act.
b. After the transfer date established pursuant to subdivision dd of section two hundred thirty-four-a of this article:
(1) the division shall assume all of the powers, rights, assets, and duties of the commission within this state, and those powers, rights, assets, and duties shall then and thereafter be vested in and exercised by the division;
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to empowering the division of state police to patrol the port of New York waterfront and to dissolve the waterfront commission
Purpose
Empowers the division of state police to patrol the port of New York waterfront and dissolves the waterfront commission
Summary of specific provisions
Section one amends the executive law by adding a new article 11-A.
Read the full memo (883 words)
Section two provides the effective date.
Justification
The Port of New York and New Jersey (port) has been one of the backbones of the region's economy for decades. When ranked by tonnage, the port is the largest port complex on the East coast of North America and the third largest in the United States. When ranked by the value of ship- ments passing through it, the port is the second busiest freight gateway in the United States. The port's strategic location, within one day's drive of a significant percentage of the national market and developed transportation infrastructure, are key assets that have made the region a gateway for international trade.
Originally conceived as a temporary agency, the Waterfront Commission of New York Harbor (commission) was created in 1953 through a compact between the states of New York and New Jersey. Back then there was an oversupply of labor, but a great deal has changed since the commission was established over sixty (60) years ago. Now the commission is acting to the detriment of the businesses, workers, and citizens of New York who rely on the port for their livelihoods. The commission continues to have a stranglehold over hiring in the port, since employers are unable to hire a single new longshore worker without asking the commission's permission, which will be granted, if at all, only after long bureau- cratic delays. Unlike in the 1950s, longshore workers now operate sophisticated machines that require months of training. As a result, well-publicized labor shortages now threaten New York's position as the preeminent East Coast port because New York port employers are hampered from filling open jobs in a timely fashion. Competition among ports is much more intense than it was decades ago; container ships continue to grow larger and any delays can mean huge unexpected costs. Port employ- ers are under pressure from their ocean-carrier-customers that will not tolerate inefficient cargo operations caused by labor shortages. Carri- ers are acutely aware of inefficiencies or productivity reductions and will take their cargo elsewhere, and have already done so.
The commission has been tainted by corruption in recent years and, more- over, has exercised powers that do not exist within the authorizing compact, such as dictating the terms of collective bargaining agree- ments, and by requiring stevedoring companies to hire and retain inde- pendent inspectors to examine company operations in order for those companies to continue to operate in the port. Likewise, the commission has acted in an arbitrary and discriminatory manner by withholding or revoking registrations for port workers, sometimes basing its decisions on an individual's ethnic background or labor union activity. The commission has also been delinquent in fulfilling one of its primary missions, issuing licenses to stevedoring companies; major stevedoring companies are still operating under temporary licenses. Further, despite changes in the industry that drove out organized crime's influ- ence, the commission has over-regulated port employers in an effort to justify its existence as the only waterfront commission in any port in the United States. As a result, the commission has become an impediment to future job growth and prosperity at the port. Against this landscape, the State of New Jersey has recently withdrawn from the compact, paving the way for abolition of the commission in that state, and necessitating action by New York.
At the same time, there are numerous federal, State, and local taxpay- er-funded agencies that have jurisdiction that the commission lacks to regulate port operations, including, but not limited to: the United States Department of Homeland Security; United States Customs and Border Protection; the United States Coast Guard; the Transportation Security Administration; the Federal Bureau of Investigation; the United States Department of Labor's Division of Longshore and Harbor Workers Compen- sation; the National Labor Relations Board; the Food and Drug Adminis- tration; the United States Environmental Protection Agency; the United States Department of Transportation; the Federal Maritime Commission; the Occupational Safety and Health Administration; the Port Authority of New York and New Jersey Police Department; the New York City Police Department, and the New York State Police and, in matters of fair hiring and employment discrimination, the United States Equal Employment Oppor- tunity Commission and the New York State Division of Human Rights.
Abolishing the commission and transferring the New York portion of the commission's law enforcement responsibilities to the New York State Police would be practical and efficient, as the State Police are suited to undertake an investigation of any criminal activity in the marine terminals of New York City without impeding economic prosperity.
Legislative history
New bill.
Fiscal implications
Undetermined.
Effective date
This act shall take effect upon the enactment into law by the state of New Jersey legislation having an identical effect with this act, but if the state of New Jersey shall already have enacted such legislation, this act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.