Senate Bill S8917

2017-2018 Legislative Session

Empowers the division of state police to patrol the port of New York waterfront and dissolves the waterfront commission

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2018	referred to rules

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2017-S8917 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add Art 11-A §§234-a - 234-cc

2017-S8917 (ACTIVE) - Summary

Empowers the division of state police to patrol the port of New York waterfront; provides for rules, registration and violations in regards to the waterfront of the port of New York; dissolves the waterfront commission.

2017-S8917 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8917

SPONSOR: LANZA
 
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.

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.

2017-S8917 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8917
 
                             I N  S E N A T E
 
                               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  divi-
   sion  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  ASSEM-
 BLY, 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, UTILIZ-
 ING 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 COLLEC-
 TIVE 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 WATER-
 FRONT TERMINAL; OR (6) PERFORM LABOR OR  SERVICES  INVOLVING,  OR  INCI-
 DENTAL  TO, THE MOVEMENT OF FREIGHT AT A PIER OR OTHER WATERFRONT TERMI-
 NAL.
   R. "LONGSHOREMEN'S REGISTER" MEANS THE REGISTER OF ELIGIBLE LONGSHORE-
 MEN 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  LONG-
 SHOREMAN 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  WATER-
 FRONT 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  COMPEN-
 SATION PURSUANT TO A CONTRACT OR ARRANGEMENT WITH THE UNITED STATES, ANY
 STATE  OR TERRITORY THEREOF, OR ANY DEPARTMENT, DIVISION, BOARD, COMMIS-
 SION, 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 COMPEN-
 SATION 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  INVOLV-
 ING,  OR  INCIDENTAL TO, THE MOVEMENT OF FREIGHT INTO OR OUT OF CONTAIN-
 ERS, 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  COOPER-
 ATE  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;
   (2)  THE OFFICERS HAVING CUSTODY OF THE FUNDS OF THE COMMISSION APPLI-
 CABLE TO THIS STATE SHALL DELIVER THOSE FUNDS INTO THE  CUSTODY  OF  THE
 COMPTROLLER, THE PROPERTY AND ASSETS OF THE COMMISSION WITHIN THIS STATE
 SHALL,  WITHOUT  FURTHER  ACT OR DEED, BECOME THE PROPERTY AND ASSETS OF
 THE DIVISION;
   (3) ANY OFFICERS AND EMPLOYEES OF THE COMMISSION SEEKING TO BE  TRANS-
 FERRED  TO  THE  DIVISION  MAY APPLY TO BECOME EMPLOYEES OF THE DIVISION
 UNTIL DETERMINED OTHERWISE BY THE  DIVISION.  NOTHING  IN  THIS  ARTICLE
 SHALL  BE  CONSTRUED TO DEPRIVE ANY OFFICERS OR EMPLOYEES OF THE COMMIS-
 SION OF THEIR RIGHTS, PRIVILEGES, OBLIGATIONS, OR STATUS WITH RESPECT TO
 ANY PENSION OR RETIREMENT SYSTEM. THE COMMISSION EMPLOYEES SHALL  RETAIN
 ALL  OF  THEIR RIGHTS AND BENEFITS UNDER EXISTING COLLECTIVE NEGOTIATION
 AGREEMENTS OR CONTRACTS UNTIL SUCH TIME AS NEW OR REVISED AGREEMENTS  OR
 CONTRACTS  ARE AGREED TO. ALL EXISTING EMPLOYEE REPRESENTATIVES SHALL BE
 RETAINED TO ACT ON BEHALF OF THOSE EMPLOYEES  UNTIL  SUCH  TIME  AS  THE
 EMPLOYEES SHALL, PURSUANT TO LAW, ELECT TO CHANGE THOSE REPRESENTATIVES.
 IF  AN  EXISTING OFFICER OR EMPLOYEE BECOMES A MEMBER OF AN ADMINISTERED
 RETIREMENT SYSTEM OF THE STATE OF NEW  YORK,  THE  OFFICER  OR  EMPLOYEE
 SHALL RECEIVE THE SAME AMOUNT OF SERVICE CREDIT IN THE RETIREMENT SYSTEM
 AS  THE  OFFICER OR EMPLOYEE PREVIOUSLY HAD IN THE PENSION OR RETIREMENT
 SYSTEM AS AN EMPLOYEE OF THE COMMISSION, PROVIDED THAT THERE IS A TRANS-
 FER OF FUNDS, OR PURCHASE, OF THE FULL COST  OF  THAT  CREDIT  FROM  THE
 PENSION  OR  RETIREMENT  SYSTEM  OF  THE  COMMISSION  TO AN ADMINISTERED
 RETIREMENT SYSTEM OF THE STATE OF NEW  YORK.  NOTHING  IN  THIS  ARTICLE
 SHALL  AFFECT  THE  CIVIL  SERVICE  STATUS, IF ANY, OF THOSE OFFICERS OR
 EMPLOYEES;
   (4) ALL DEBTS, LIABILITIES, OBLIGATIONS, AND CONTRACTS OF THE  COMMIS-
 SION APPLICABLE ONLY TO THIS STATE, AS DETERMINED BY THE OFFICERS HAVING
 CUSTODY  OF  THE  FUNDS  OF THE COMMISSION, EXCEPT TO THE EXTENT SPECIF-
 ICALLY PROVIDED FOR OR ESTABLISHED TO THE CONTRARY IN THIS ARTICLE,  ARE
 IMPOSED  UPON  THE  DIVISION,  AND  ALL  CREDITORS OF THE COMMISSION AND
 PERSONS HAVING CLAIMS AGAINST OR CONTRACTS WITH THE  COMMISSION  OF  ANY

 S. 8917                             6
 
 KIND OR CHARACTER MAY ENFORCE THOSE DEBTS, CLAIMS, AND CONTRACTS AGAINST
 THE  DIVISION  AS SUCCESSOR TO THE COMMISSION IN THE SAME MANNER AS THEY
 MIGHT HAVE DONE AGAINST THE COMMISSION, AND THE RIGHTS AND  REMEDIES  OF
 THOSE HOLDERS, CREDITORS, AND PERSONS HAVING CLAIMS AGAINST OR CONTRACTS
 WITH  THE COMMISSION SHALL NOT BE LIMITED OR RESTRICTED IN ANY MANNER BY
 THIS ARTICLE;
   (5) IN CONTINUING THE FUNCTIONS, CONTRACTS, OBLIGATIONS, AND DUTIES OF
 THE COMMISSION WITHIN THIS STATE, THE DIVISION IS AUTHORIZED TO  ACT  IN
 ITS  OWN  NAME AS MAY BE CONVENIENT OR ADVISABLE UNDER THE CIRCUMSTANCES
 FROM TIME TO TIME;
   (6) ANY REFERENCES TO THE COMMISSION IN ANY OTHER  LAW  OR  REGULATION
 SHALL THEN AND THEREAFTER BE DEEMED TO REFER AND APPLY TO THE DIVISION;
   (7)  ALL  RULES  AND  REGULATIONS  OF THE COMMISSION SHALL CONTINUE IN
 EFFECT AS THE RULES AND  REGULATIONS  OF  THE  DIVISION  UNTIL  AMENDED,
 SUPPLEMENTED,  OR RESCINDED BY THE DIVISION PURSUANT TO THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT. REGULATIONS OF THE COMMISSION INCONSISTENT WITH
 THE PROVISIONS OF THIS ARTICLE OR OF REGULATIONS OF THE  DIVISION  SHALL
 BE DEEMED VOID;
   (8)  ALL OPERATIONS OF THE COMMISSION WITHIN THIS STATE SHALL CONTINUE
 AS OPERATIONS OF THE DIVISION UNTIL ALTERED BY THE DIVISION AS  PROVIDED
 OR PERMITTED PURSUANT TO THIS ARTICLE; AND
   (9)  THE  POWERS  VESTED  IN  THE  DIVISION  BY  THIS ARTICLE SHALL BE
 CONSTRUED AS BEING IN ADDITION TO, AND NOT IN DIMINUTION OF, THE  POWERS
 HERETOFORE  VESTED  BY LAW IN THE COMMISSION TO THE EXTENT NOT OTHERWISE
 ALTERED OR PROVIDED FOR IN THIS ARTICLE.
   C. A LICENSE, REGISTRATION, OR PERMIT ISSUED BY THE  COMMISSION  PRIOR
 TO   THE   DATE   OF   NOTIFICATION  PURSUANT  TO  SECTION  TWO  HUNDRED
 THIRTY-FOUR-B OF THIS ARTICLE SHALL, SUBJECT TO THE TERMS OF  ITS  ISSU-
 ANCE,  CONTINUE TO BE VALID ON AND AFTER THE TRANSFER DATE AS A LICENSE,
 REGISTRATION, OR PERMIT ISSUED BY THE DIVISION.  AN  APPLICATION  FOR  A
 LICENSE,  REGISTRATION, OR PERMIT FILED WITH THE COMMISSION PRIOR TO AND
 PENDING ON THAT NOTIFICATION DATE SHALL, AS OF AND FROM THE NOTIFICATION
 DATE, BE DEEMED TO BE FILED WITH AND PENDING BEFORE THE DIVISION.
   § 234-C. POWERS AND DUTIES. IN ADDITION TO THE POWERS AND DUTIES ELSE-
 WHERE PRESCRIBED IN THIS ARTICLE, THE DIVISION SHALL HAVE THE POWER:
   A. TO DETERMINE THE LOCATION, SIZE, AND SUITABILITY OF  ACCOMMODATIONS
 NECESSARY  AND  DESIRABLE  FOR  THE ESTABLISHMENT AND MAINTENANCE OF THE
 EMPLOYMENT INFORMATION CENTERS PROVIDED IN SECTION TWO  HUNDRED  THIRTY-
 FOUR-N OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES FOR THE DIVISION;
   B. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE;
   C.  CONSISTENT  WITH THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCE-
 DURE ACT, TO ADOPT AND ENFORCE RULES AND REGULATIONS AS THE DIVISION MAY
 DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE OR TO  PREVENT
 THE CIRCUMVENTION OR EVASION THEREOF;
   D.  BY  ITS  MEMBERS AND ITS PROPERLY DESIGNATED OFFICERS, AGENTS, AND
 EMPLOYEES, WITH RESPECT TO THE IMPLEMENTATION AND  ENFORCEMENT  OF  THIS
 ARTICLE,  TO  ADMINISTER OATHS AND ISSUE SUBPOENAS TO COMPEL THE ATTEND-
 ANCE OF WITNESSES AND THE GIVING OF  TESTIMONY  AND  THE  PRODUCTION  OF
 OTHER EVIDENCE;
   E. TO HAVE FOR ITS PROPERLY DESIGNATED OFFICERS, AGENTS AND EMPLOYEES,
 FULL  AND  FREE  ACCESS,  INGRESS,  AND  EGRESS TO AND FROM ALL VESSELS,
 PIERS, AND OTHER WATERFRONT TERMINALS OR OTHER PLACES IN THE PORT OF NEW
 YORK DISTRICT WITHIN THIS STATE, FOR THE PURPOSES OF  MAKING  INSPECTION
 OR ENFORCING THE PROVISIONS OF THIS ARTICLE AND NO PERSON SHALL OBSTRUCT
 OR  IN  ANY  WAY  INTERFERE  WITH ANY OFFICER, EMPLOYEE, OR AGENT OF THE
 DIVISION IN THE MAKING OF AN INSPECTION, OR IN THE  ENFORCEMENT  OF  THE

 S. 8917                             7
 
 PROVISIONS  OF  THIS ARTICLE OR IN THE PERFORMANCE OF ANY OTHER POWER OR
 DUTY UNDER THIS ARTICLE;
   F.  TO  RECOVER  POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
 PURSUANT  TO   SECTIONS   TWO   HUNDRED   THIRTY-FOUR-F,   TWO   HUNDRED
 THIRTY-FOUR-G,  AND TWO HUNDRED THIRTY-FOUR-K OF THIS ARTICLE WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE;
   G. TO MAKE INVESTIGATIONS AND COLLECT AND COMPILE INFORMATION CONCERN-
 ING WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK  DISTRICT
 IN THIS STATE AND UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
 OBJECTIVES OF THIS ARTICLE;
   H.  TO  ADVISE  AND CONSULT WITH REPRESENTATIVES OF LABOR AND INDUSTRY
 AND WITH PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH  THE  EFFECTUATION
 OF  THE PURPOSES OF THIS ARTICLE UPON ALL MATTERS WHICH THE DIVISION MAY
 DESIRE, INCLUDING BUT NOT LIMITED TO, THE FORM AND  SUBSTANCE  OF  RULES
 AND  REGULATIONS,  THE ADMINISTRATION OF THE PROVISIONS OF THIS ARTICLE,
 MAINTENANCE OF THE LONGSHOREMEN'S REGISTER, AND ISSUANCE AND  REVOCATION
 OF LICENSES;
   I.  TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR AND TO THE LEGIS-
 LATURE CONTAINING RECOMMENDATIONS FOR THE IMPROVEMENT OF THE  CONDITIONS
 OF  WATERFRONT  LABOR WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE
 AND FOR THE EFFECTUATION OF THE PURPOSES OF THIS ARTICLE.    THE  ANNUAL
 REPORTS  SHALL  STATE  THE  DIVISION'S FINDINGS AND DETERMINATIONS AS TO
 WHETHER THE PUBLIC NECESSITY STILL EXISTS FOR: (1) THE CONTINUED  REGIS-
 TRATION  OF  LONGSHOREMEN; (2) THE CONTINUED LICENSING OF ANY OCCUPATION
 OR EMPLOYMENT REQUIRED TO BE LICENSED HEREUNDER; AND (3)  THE  CONTINUED
 PUBLIC  OPERATION  OF THE EMPLOYMENT INFORMATION CENTERS PROVIDED FOR IN
 SECTION TWO HUNDRED THIRTY-FOUR-N OF THIS ARTICLE;
   J. TO COOPERATE  WITH  AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,
 BUREAU, BOARD, COMMISSION, AUTHORITY, OR AGENCY OF THIS STATE, OR OF ANY
 COUNTY  OR  MUNICIPALITY THEREOF, ANY ASSISTANCE AND DATA AS WILL ENABLE
 THE DIVISION TO PROPERLY TO CARRY OUT ITS POWERS AND  DUTIES  HEREUNDER;
 AND  TO  REQUEST  A  DEPARTMENT,  DIVISION,  BUREAU,  BOARD, COMMISSION,
 AUTHORITY, OR AGENCY, WITH THE CONSENT THEREOF,  TO  EXECUTE  THE  DIVI-
 SION'S FUNCTIONS AND POWERS, AS THE PUBLIC INTEREST MAY REQUIRE;
   K.  TO  EXERCISE  THE POWERS AND DUTIES OF THE DIVISION AS PROVIDED IN
 THIS ARTICLE TO ITS OFFICERS, EMPLOYEES, AND AGENTS  DESIGNATED  BY  THE
 DIVISION;
   L. TO ISSUE TEMPORARY PERMITS AND PERMIT TEMPORARY REGISTRATIONS UNDER
 SUCH  TERMS  AND CONDITIONS AS THE DIVISION MAY PRESCRIBE WHICH SHALL BE
 VALID FOR A PERIOD TO BE FIXED BY THE DIVISION  NOT  IN  EXCESS  OF  SIX
 MONTHS;
   M.  TO  REQUIRE  ANY  APPLICANT  FOR  A LICENSE OR REGISTRATION OR ANY
 PROSPECTIVE LICENSEE TO FURNISH FACTS AND EVIDENCE AS THE  DIVISION  MAY
 DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE OR REGIS-
 TRATION SHOULD BE GRANTED;
   N.  IN  ANY CASE IN WHICH THE DIVISION HAS THE POWER TO REVOKE, CANCEL
 OR SUSPEND ANY LICENSE, THE DIVISION SHALL ALSO HAVE THE POWER TO IMPOSE
 AS AN ALTERNATIVE TO THAT REVOCATION,  CANCELLATION,  OR  SUSPENSION,  A
 PENALTY, WHICH THE LICENSEE MAY ELECT TO PAY THE DIVISION IN LIEU OF THE
 REVOCATION,  CANCELLATION,  OR  SUSPENSION. THE MAXIMUM PENALTY SHALL BE
 FIVE THOUSAND DOLLARS FOR EACH SEPARATE OFFENSE. THE DIVISION  MAY,  FOR
 GOOD CAUSE SHOWN, ABATE ALL OR PART OF THE PENALTY;
   O.  TO DESIGNATE ANY OFFICER, AGENT, OR EMPLOYEE OF THE DIVISION TO BE
 AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF  A  PEACE  OR
 POLICE OFFICER OF THE STATE OF NEW YORK;

 S. 8917                             8
 
   P. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SECTION TWO HUNDRED
 THIRTY-FOUR-R OF THIS ARTICLE;
   Q. TO REQUIRE ANY APPLICANT OR RENEWAL APPLICANT FOR REGISTRATION AS A
 LONGSHOREMAN,  ANY  APPLICANT OR RENEWAL APPLICANT FOR REGISTRATION AS A
 CHECKER, OR ANY APPLICANT OR RENEWAL APPLICANT  FOR  REGISTRATION  AS  A
 TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO IS SPONSORED FOR
 A LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY PERSON WHO IS AN
 INDIVIDUAL  OWNER OF AN APPLICANT OR RENEWAL APPLICANT STEVEDORE, OR ANY
 PERSONS WHO ARE INDIVIDUAL PARTNERS OF AN APPLICANT OR RENEWAL APPLICANT
 STEVEDORE, OR ANY  OFFICERS,  DIRECTORS,  OR  STOCKHOLDERS  OWNING  FIVE
 PERCENT OR MORE OF ANY OF THE STOCK OF AN APPLICANT OR RENEWAL APPLICANT
 CORPORATE  STEVEDORE OR ANY APPLICANT OR RENEWAL APPLICANT FOR A LICENSE
 AS A PORT WATCHMAN OR ANY OTHER CATEGORY OF APPLICANT OR RENEWAL  APPLI-
 CANT FOR REGISTRATION OR LICENSING WITHIN THE DIVISION'S JURISDICTION TO
 BE  FINGERPRINTED  BY THE DIVISION AT THE COST AND EXPENSE OF THE APPLI-
 CANT OR RENEWAL APPLICANT;
   R. TO EXCHANGE FINGERPRINT DATA  WITH  AND  RECEIVE  CRIMINAL  HISTORY
 RECORD  INFORMATION  FROM  THE  FEDERAL  BUREAU OF INVESTIGATION AND THE
 STATE BUREAU OF IDENTIFICATION FOR  USE  IN  MAKING  THE  DETERMINATIONS
 REQUIRED BY THIS SECTION; AND
   S.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
 THE CONTRARY, TO REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE
 DIVISION ENGAGED IN THE IMPLEMENTATION OR ENFORCEMENT OF THIS ARTICLE TO
 BE FINGERPRINTED AT THE COST AND EXPENSE OF THE  APPLICANT  OR  EMPLOYEE
 AND  TO  EXCHANGE  FINGERPRINT  DATA  WITH  AND RECEIVE CRIMINAL HISTORY
 RECORD INFORMATION FROM THE FEDERAL  BUREAU  OF  INVESTIGATION  AND  THE
 STATE  BUREAU  OF  IDENTIFICATION  FOR USE IN THE HIRING OR RETENTION OF
 THOSE PERSONS.
   § 234-D. PIER SUPERINTENDENTS. A. A PERSON SHALL NOT  ACT  AS  A  PIER
 SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW YORK DISTRICT
 IN  THIS STATE WITHOUT FIRST HAVING OBTAINED FROM THE DIVISION A LICENSE
 TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND
 A PERSON SHALL NOT EMPLOY OR ENGAGE ANOTHER PERSON  TO  ACT  AS  A  PIER
 SUPERINTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
   B.  A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
 ISSUED ONLY UPON THE WRITTEN APPLICATION,  UNDER  OATH,  OF  THE  PERSON
 PROPOSING  TO  EMPLOY  OR  ENGAGE ANOTHER PERSON TO ACT AS A PIER SUPER-
 INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE  LICENSEE  AS  TO
 THE  MATTERS  CONCERNING  THE  PROSPECTIVE LICENSEE, AND SHALL STATE THE
 FOLLOWING:
   (1) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
   (2) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS, IF ANY, PLACE AND DATE
 OF BIRTH, AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
   (3) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE  LICENSEE,
 INCLUDING  THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
 PERSON'S EMPLOYERS;
   (4) ANY FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  DIVISION
 TO  ASCERTAIN  THE CHARACTER, INTEGRITY, AND IDENTITY OF THE PROSPECTIVE
 LICENSEE; AND
   (5) THAT IF A LICENSE IS  ISSUED  TO  THE  PROSPECTIVE  LICENSEE,  THE
 APPLICANT  WILL  EMPLOY  THE  LICENSEE  AS PIER SUPERINTENDENT OR HIRING
 AGENT, AS THE CASE MAY BE.
   C. A LICENSE SHALL NOT BE GRANTED PURSUANT TO THIS SECTION:
   (1) UNLESS THE DIVISION SHALL BE SATISFIED THAT THE PROSPECTIVE LICEN-
 SEE POSSESSES GOOD CHARACTER AND INTEGRITY;

 S. 8917                             9
 
   (2) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT  PARDON,  BEEN
 CONVICTED  BY  A  COURT  OF THE UNITED STATES, OR ANY STATE OR TERRITORY
 THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY  TO  COMMIT,
 TREASON,  MURDER,  MANSLAUGHTER, OR ANY OF THE FOLLOWING OFFENSES: ILLE-
 GALLY USING, CARRYING, OR POSSESSING A PISTOL OR OTHER DANGEROUS WEAPON;
 MAKING  OR  POSSESSING BURGLAR'S INSTRUMENTS; BUYING OR RECEIVING STOLEN
 PROPERTY; UNLAWFUL ENTRY OF A BUILDING; AIDING AN  ESCAPE  FROM  PRISON;
 UNLAWFULLY  POSSESSING,  POSSESSING  WITH INTENT TO DISTRIBUTE, SALE, OR
 DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE OR A CONTROLLED DANGER-
 OUS SUBSTANCE ANALOG; OR A VIOLATION PRESCRIBED IN SUBDIVISION G OF THIS
 SECTION. ANY PROSPECTIVE LICENSEE INELIGIBLE FOR A LICENSE BY REASON  OF
 ANY  CONVICTION UNDER THIS PARAGRAPH MAY SUBMIT SATISFACTORY EVIDENCE TO
 THE DIVISION THAT THE PROSPECTIVE LICENSEE HAS FOR A PERIOD OF NOT  LESS
 THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED, AND UP TO THE TIME OF
 APPLICATION,  SO  ACTED  AS  TO WARRANT THE GRANT OF A LICENSE, IN WHICH
 EVENT THE DIVISION MAY, IN ITS DISCRETION, ISSUE AN ORDER REMOVING  THAT
 INELIGIBILITY.  THE  FIVE-YEAR  PERIOD SHALL BE MEASURED EITHER FROM THE
 DATE OF PAYMENT OF ANY FINE IMPOSED UPON THAT PERSON OR  THE  SUSPENSION
 OF  SENTENCE  OR  FROM  THE  DATE OF THE PERSON'S UNREVOKED RELEASE FROM
 CUSTODY BY PAROLE, COMMUTATION, OR TERMINATION OF SENTENCE; AND
   (3) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY  ADVOCATES  THE
 DESIRABILITY  OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
 STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVO-
 CATES  THAT  DESIRABILITY,  KNOWING  THE PURPOSES OF A GROUP HAVING THAT
 ADVOCACY.
   D. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND  FURTHER  INQUIRY
 AND  INVESTIGATION  MADE  AS THE DIVISION SHALL DEEM PROPER AND WHEN THE
 DIVISION SHALL BE SATISFIED  THEREFROM  THAT  THE  PROSPECTIVE  LICENSEE
 POSSESSES   THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN  THIS
 SECTION, THE DIVISION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE  LICEN-
 SEE  A  LICENSE  TO  ACT  AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
 APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE  APPLICANT  OF  THIS
 ACTION.  THE  DIVISION  MAY  ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
 LICENSEE FOR A LICENSE ISSUED UNDER THIS SECTION PENDING FINAL ACTION ON
 AN APPLICATION MADE FOR THAT LICENSE.  ANY  TEMPORARY  PERMIT  SHALL  BE
 VALID FOR A PERIOD NOT IN EXCESS OF THIRTY DAYS.
   E.  A  PERSON SHALL NOT BE LICENSED TO ACT AS A PIER SUPERINTENDENT OR
 HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT  AT  A  SINGLE  PIER  OR
 OTHER  WATERFRONT  TERMINAL,  BUT  NOTHING  IN  THIS  ARTICLE  SHALL  BE
 CONSTRUED TO LIMIT IN ANY WAY THE  NUMBER  OF  PIER  SUPERINTENDENTS  OR
 HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
   F.  A  LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
 THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
 APPLIED FOR THE LICENSE.
   G. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED  FOR  A PERIOD AS THE DIVISION DEEMS IN THE PUBLIC INTEREST OR
 THE LICENSEE THEREUNDER MAY BE REPRIMANDED  FOR  ANY  OF  THE  FOLLOWING
 OFFENSES:
   (1)  CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
 WOULD REQUIRE OR PERMIT THE PERSON'S DISQUALIFICATION FROM  RECEIVING  A
 LICENSE UPON ORIGINAL APPLICATION;
   (2) FRAUD, DECEIT, OR MISREPRESENTATION IN SECURING THE LICENSE, OR IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (3) VIOLATION OF ANY OF THE PROVISIONS OF THIS ARTICLE;

 S. 8917                            10
 
   (4) UNLAWFULLY POSSESSING, POSSESSING WITH INTENT TO DISTRIBUTE, SALE,
 OR  DISTRIBUTION  OF  A  CONTROLLED  DANGEROUS SUBSTANCE OR A CONTROLLED
 DANGEROUS SUBSTANCE ANALOG;
   (5)  EMPLOYING,  HIRING,  OR PROCURING ANY PERSON IN VIOLATION OF THIS
 ARTICLE OR INDUCING OR  OTHERWISE  AIDING  OR  ABETTING  ANY  PERSON  TO
 VIOLATE THE TERMS OF THIS ARTICLE;
   (6)  PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
 GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE THE OTHER PERSON
 TO VIOLATE ANY PROVISION OF THIS ARTICLE OR TO INDUCE ANY  PUBLIC  OFFI-
 CER, AGENT, OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY HEREUNDER;
   (7) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
   (8)  TRANSFER  OR SURRENDER OF POSSESSION OF THE LICENSE TO ANY PERSON
 EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
   (9) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ARTICLE;
   (10) RECEIPT OR SOLICITATION OF ANYTHING  OF  VALUE  FROM  ANY  PERSON
 OTHER THAN THE LICENSEE'S EMPLOYER AS CONSIDERATION FOR THE SELECTION OR
 RETENTION FOR EMPLOYMENT OF ANY LONGSHOREMAN;
   (11)  COERCION  OF  A  LONGSHOREMAN  BY  THREAT  OF  DISCRIMINATION OR
 VIOLENCE OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE  THE
 SERVICES OF ANY PERSON;
   (12)  LENDING  ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHOREMAN
 FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; OR
   (13) MEMBERSHIP IN A LABOR ORGANIZATION WHICH REPRESENTS  LONGSHOREMEN
 OR PORT WATCHMEN; BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIB-
 IT  PIER  SUPERINTENDENTS  OR  HIRING AGENTS FROM BEING REPRESENTED BY A
 LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT  ALSO  REPRESENT  LONG-
 SHOREMEN  OR  PORT  WATCHMEN.  THE  AMERICAN  FEDERATION  OF  LABOR, THE
 CONGRESS OF INDUSTRIAL ORGANIZATIONS AND ANY OTHER  SIMILAR  FEDERATION,
 CONGRESS,  OR  OTHER  ORGANIZATION  OF NATIONAL OR INTERNATIONAL OCCUPA-
 TIONAL OR INDUSTRIAL LABOR ORGANIZATIONS  SHALL  NOT  BE  CONSIDERED  AN
 ORGANIZATION  WHICH  REPRESENTS LONGSHOREMEN OR PORT WATCHMEN WITHIN THE
 MEANING OF THIS SECTION ALTHOUGH ONE OF  THE  FEDERATED  OR  CONSTITUENT
 LABOR ORGANIZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PORT WATCHMEN.
   §  234-E.  STEVEDORES. A. A PERSON SHALL NOT ACT AS A STEVEDORE WITHIN
 THE PORT OF NEW  YORK  DISTRICT  IN  THIS  STATE  WITHOUT  HAVING  FIRST
 OBTAINED  A  LICENSE  FROM THE DIVISION, AND A PERSON SHALL NOT EMPLOY A
 STEVEDORE TO PERFORM SERVICES AS  SUCH  WITHIN  THE  PORT  OF  NEW  YORK
 DISTRICT UNLESS THE STEVEDORE IS SO LICENSED.
   B.  ANY  PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
 YORK DISTRICT SHALL FILE IN THE OFFICE OF THE DIVISION A WRITTEN  APPLI-
 CATION  FOR  A  LICENSE  TO  ENGAGE IN THAT OCCUPATION, DULY SIGNED, AND
 VERIFIED AS FOLLOWS:
   (1) IF THE APPLICANT IS A NATURAL PERSON,  THE  APPLICATION  SHALL  BE
 SIGNED  AND  VERIFIED  BY THAT PERSON AND IF THE APPLICANT IS A PARTNER-
 SHIP, THE APPLICATION SHALL BE  SIGNED  AND  VERIFIED  BY  EACH  NATURAL
 PERSON  COMPOSING OR INTENDING TO COMPOSE THAT PARTNERSHIP. THE APPLICA-
 TION SHALL STATE THE FULL NAME, AGE,  RESIDENCE,  BUSINESS  ADDRESS,  IF
 ANY,  PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
 THE APPLICATION, AND ANY OTHER FACTS AND EVIDENCE AS MAY BE REQUIRED  BY
 THE DIVISION TO ASCERTAIN THE CHARACTER, INTEGRITY, AND IDENTITY OF EACH
 NATURAL PERSON SIGNING THE APPLICATION.
   (2) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
 AND  VERIFIED  BY  THE  PRESIDENT, SECRETARY, AND TREASURER THEREOF, AND
 SHALL SPECIFY THE NAME OF THE CORPORATION, THE DATE  AND  PLACE  OF  ITS
 INCORPORATION,  THE  LOCATION  OF  ITS  PRINCIPAL PLACE OF BUSINESS, THE
 NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS

 S. 8917                            11
 
 OWNING FIVE PERCENT OR MORE OF ANY OF THE  STOCK  THEREOF,  AND  OF  ALL
 OFFICERS,  INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS. THE REQUIRE-
 MENTS OF SUBDIVISION A OF THIS SECTION AS TO A NATURAL PERSON WHO  IS  A
 MEMBER  OF  A  PARTNERSHIP,  AND THE REQUIREMENTS AS MAY BE SPECIFIED IN
 RULES AND REGULATIONS PROMULGATED BY THE DIVISION PURSUANT TO THE  STATE
 ADMINISTRATIVE  PROCEDURE ACT SHALL APPLY TO EACH ABOVE-NAMED OFFICER OR
 STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST, AS THE CASE  MAY
 BE.   IN THE EVENT OF THE DEATH, RESIGNATION, OR REMOVAL OF ANY OFFICER,
 AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
 FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE  SECRETARY  OF
 THE  CORPORATION  SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
 THE DIVISION, CERTIFIED BY THE SECRETARY.
   C. A LICENSE SHALL NOT BE GRANTED:
   (1) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN  THE  APPLICATION
 IS NOT THE REAL PARTY IN INTEREST, REQUIRED BY PARAGRAPH TWO OF SUBDIVI-
 SION  B  OF THIS SECTION, TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION
 OR IF THE PERSON SO SIGNING OR NAMED IN THE  APPLICATION  IS  AN  UNDIS-
 CLOSED AGENT OR TRUSTEE FOR ANY REAL PARTY IN INTEREST;
   (2)  UNLESS THE DIVISION SHALL BE SATISFIED THAT THE APPLICANT AND ALL
 MEMBERS, OFFICERS, AND STOCKHOLDERS REQUIRED BY PARAGRAPH TWO OF  SUBDI-
 VISION B OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICATION FOR
 LICENSE POSSESS GOOD CHARACTER AND INTEGRITY;
   (3)  UNLESS  THE APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP, OR
 CORPORATION;
   (4) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN  FORCE
 OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
 OF  FREIGHT  BY  WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
 ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN  THE  PORT  OF  NEW
 YORK DISTRICT;
   (5)  IF  THE APPLICANT OR ANY MEMBER, OFFICER, OR STOCKHOLDER REQUIRED
 BY PARAGRAPH TWO OF SUBDIVISION B OF THIS SECTION TO SIGN OR BE  IDENTI-
 FIED IN THE APPLICATION FOR LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN
 CONVICTED  BY  A  COURT  OF  THE UNITED STATES OR ANY STATE OR TERRITORY
 THEREOF OF THE COMMISSION OF, OR THE ATTEMPT OR  CONSPIRACY  TO  COMMIT,
 TREASON,  MURDER,  MANSLAUGHTER,  OR  ANY  OF  THE OFFENSES DESCRIBED IN
 SUBDIVISION F OF THIS SECTION. ANY APPLICANT INELIGIBLE FOR A LICENSE BY
 REASON OF ANY OF THOSE CONVICTIONS MAY SUBMIT SATISFACTORY  EVIDENCE  TO
 THE  DIVISION THAT THE PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGI-
 BILITY HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREIN-
 AFTER PROVIDED AND UP TO THE TIME OF APPLICATION, SO ACTED AS TO WARRANT
 THE GRANT OF THAT LICENSE, IN WHICH  EVENT  THE  DIVISION  MAY,  IN  ITS
 DISCRETION  ISSUE  AN  ORDER  REMOVING THAT INELIGIBILITY. THE AFORESAID
 PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE  OF  PAYMENT
 OF  ANY  FINE  IMPOSED UPON THAT PERSON OR THE SUSPENSION OF SENTENCE OR
 FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY  PAROLE,
 COMMUTATION, OR TERMINATION OF SENTENCE;
   (6)  IF  THE  APPLICANT  HAS  PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
 GIVEN, OR OFFERED TO PAY OR GIVE TO  ANY  OFFICER  OR  EMPLOYEE  OF  ANY
 CARRIER  OF  FREIGHT BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER
 OR UNLAWFUL PURPOSE OR TO INDUCE THAT PERSON TO PROCURE  THE  EMPLOYMENT
 OF  THE  APPLICANT  BY  THE  CARRIER  FOR THE PERFORMANCE OF STEVEDORING
 SERVICES; OR
   (7) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID OR  GIVEN,  OR
 OFFERED  TO  PAY  OR  GIVE  TO  ANY OFFICER OR REPRESENTATIVE OF A LABOR
 ORGANIZATION ANY VALUABLE CONSIDERATION  FOR  AN  IMPROPER  OR  UNLAWFUL
 PURPOSE  OR  TO  INDUCE THE OFFICER OR REPRESENTATIVE TO SUBORDINATE THE

 S. 8917                            12

 INTERESTS OF THE LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT  OF
 THE AFFAIRS OF THE LABOR ORGANIZATION TO THE INTERESTS OF THE APPLICANT.
   D.  WHEN  THE APPLICATION SHALL HAVE BEEN EXAMINED AND FURTHER INQUIRY
 AND INVESTIGATION MADE AS THE DIVISION SHALL DEEM PROPER  AND  WHEN  THE
 DIVISION  SHALL  BE SATISFIED THEREFROM THAT THE APPLICANT POSSESSES THE
 QUALIFICATIONS AND REQUIREMENTS PRESCRIBED IN THIS SECTION, THE DIVISION
 SHALL ISSUE AND DELIVER A LICENSE TO THAT APPLICANT.  THE  DIVISION  MAY
 ISSUE  A  TEMPORARY  PERMIT  TO  ANY  APPLICANT  FOR A LICENSE UNDER THE
 PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON AN  APPLICATION  MADE
 FOR  A  LICENSE.  A  TEMPORARY PERMIT SHALL BE VALID FOR A PERIOD NOT IN
 EXCESS OF THIRTY DAYS.
   E. A STEVEDORE'S LICENSE SHALL BE FOR A TERM OF FIVE YEARS OR FRACTION
 OF THAT 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 PRESCRIBED BY PARAGRAPH FOUR OF SUBDIVISION C OF
 THIS SECTION THE LICENSE SHALL TERMINATE NINETY DAYS AFTER THAT EVENT OR
 UPON ITS EXPIRATION DATE, WHICHEVER SHALL BE SOONER. A  LICENSE  MAY  BE
 RENEWED BY THE DIVISION FOR SUCCESSIVE FIVE-YEAR PERIODS UPON FULFILLING
 THE SAME REQUIREMENTS AS ARE ESTABLISHED IN THIS SECTION FOR AN ORIGINAL
 APPLICATION FOR A STEVEDORE'S LICENSE.
   F.  ANY  LICENSE  ISSUED  PURSUANT  TO  THIS SECTION MAY BE REVOKED OR
 SUSPENDED FOR A PERIOD AS THE DIVISION DEEMS IN THE PUBLIC  INTEREST  OR
 THE  LICENSEE  THEREUNDER  MAY  BE  REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED  BY  THIS
 SECTION  TO  SIGN  OR  BE  IDENTIFIED  IN  AN ORIGINAL APPLICATION FOR A
 LICENSE:
   (1) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 DISQUALIFICATION OF THE LICENSEE FROM RECEIVING A LICENSE UPON  ORIGINAL
 APPLICATION;
   (2)  FRAUD, DECEIT, OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (3) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET  OF  BOOKS  AND
 RECORDS  CONTAINING  A  TRUE  AND  ACCURATE  ACCOUNT  OF  THE LICENSEE'S
 RECEIPTS AND DISBURSEMENTS ARISING  OUT  OF  THE  LICENSEE'S  ACTIVITIES
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (4)  FAILURE  TO  KEEP ITS BOOKS AND RECORDS AVAILABLE DURING BUSINESS
 HOURS FOR INSPECTION BY THE DIVISION AND ITS DULY  DESIGNATED  REPRESEN-
 TATIVES  UNTIL  THE  EXPIRATION OF THE FIFTH CALENDAR YEAR FOLLOWING THE
 CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS  RECORDED  THEREIN;
 OR
   (5) ANY OTHER OFFENSE DESCRIBED IN THIS SECTION.
   G.  IN  ADDITION  TO THE GROUNDS ELSEWHERE ESTABLISHED IN THIS ARTICLE
 THE DIVISION SHALL NOT GRANT AN APPLICATION FOR A LICENSE  AS  STEVEDORE
 IF  THE APPLICANT HAS PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR GIVEN, OR
 OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER OF FREIGHT  BY  WATER
 ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE OR, WITH-
 OUT  THE  KNOWLEDGE  AND  CONSENT OF THE CARRIER, TO INDUCE THE AGENT TO
 PROCURE THE EMPLOYMENT OF THE APPLICANT BY THE CARRIER OR ITS AGENT  FOR
 THE PERFORMANCE OF STEVEDORING SERVICES.
   §   234-F.   LONGSHOREMEN.   A.   THE   DIVISION   SHALL  ESTABLISH  A
 LONGSHOREMEN'S REGISTER IN WHICH SHALL BE INCLUDED ALL  QUALIFIED  LONG-
 SHOREMEN ELIGIBLE, AS HEREINAFTER PROVIDED, FOR EMPLOYMENT AS LONGSHORE-
 MEN  IN  THE PORT OF NEW YORK DISTRICT IN THIS STATE. A PERSON SHALL NOT
 ACT AS A LONGSHOREMAN WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE

 S. 8917                            13
 
 UNLESS AT THE TIME THE PERSON IS INCLUDED IN THE  LONGSHOREMEN'S  REGIS-
 TER,  AND  A  PERSON  SHALL NOT EMPLOY ANOTHER TO WORK AS A LONGSHOREMAN
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS  AT  THE  TIME
 THE OTHER PERSON IS INCLUDED IN THE LONGSHOREMEN'S REGISTER.
   B.  ANY  PERSON  APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER
 SHALL FILE AT A PLACE AND IN A MANNER AS THE DIVISION SHALL DESIGNATE  A
 WRITTEN  STATEMENT, SIGNED, AND VERIFIED BY THE APPLICANT, SETTING FORTH
 THE APPLICANT'S FULL NAME, RESIDENCE ADDRESS,  SOCIAL  SECURITY  NUMBER,
 AND  ANY  FURTHER  FACTS  AND  EVIDENCE AS THE DIVISION MAY PRESCRIBE TO
 ESTABLISH THE IDENTITY OF THAT PERSON AND THE PERSON'S CRIMINAL  RECORD,
 IF ANY.
   C.  THE  DIVISION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
 IN THE LONGSHOREMEN'S REGISTER BY A PERSON:
   (1) WHO HAS BEEN CONVICTED BY A COURT OF  THE  UNITED  STATES  OR  ANY
 STATE  OR  TERRITORY  THEREOF,  WITHOUT  SUBSEQUENT  PARDON, OF TREASON,
 MURDER, MANSLAUGHTER, OR OF ANY OF THE OFFENSES DESCRIBED IN SUBDIVISION
 G OF SECTION TWO HUNDRED THIRTY-FOUR-D OF THIS ARTICLE OR OF ATTEMPT  OR
 CONSPIRACY TO COMMIT ANY OF THOSE CRIMES;
   (2)  WHO  KNOWINGLY  OR  WILLINGLY ADVOCATES THE DESIRABILITY OF OVER-
 THROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY  FORCE  OR
 VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES THAT DESIR-
 ABILITY  KNOWING THE PURPOSES OF THE GROUP ADVOCATING THAT DESIRABILITY;
 OR
   (3) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS  IN  THE
 PORT OF NEW YORK DISTRICT IN THIS STATE IS FOUND BY THE DIVISION, ON THE
 BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO THE
 PUBLIC PEACE OR SAFETY.
   D.  UNLESS  THE DIVISION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
 THE LONGSHOREMEN'S REGISTER FOR VIOLATION OF THE OFFENSES  DESCRIBED  IN
 SUBDIVISION  G  OF  SECTION TWO HUNDRED THIRTY-FOUR-D OF THIS ARTICLE IT
 SHALL INCLUDE THAT PERSON IN THE LONGSHOREMEN'S REGISTER.  THE  DIVISION
 MAY  PERMIT TEMPORARY REGISTRATION OF ANY APPLICANT UNDER THE PROVISIONS
 OF THIS SECTION PENDING FINAL ACTION ON AN APPLICATION MADE  FOR  TEMPO-
 RARY REGISTRATION. ANY TEMPORARY REGISTRATION SHALL BE VALID FOR A PERI-
 OD NOT IN EXCESS OF THIRTY DAYS.
   E.  THE DIVISION SHALL HAVE POWER TO REPRIMAND ANY LONGSHOREMAN REGIS-
 TERED UNDER THIS SECTION OR TO REMOVE THE PERSON FROM THE LONGSHOREMEN'S
 REGISTER FOR A PERIOD OF TIME AS IT DEEMS IN THE PUBLIC INTEREST FOR ANY
 OF THE FOLLOWING OFFENSES:
   (1) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT  DISQUALI-
 FICATION  OF A PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER UPON
 ORIGINAL APPLICATION;
   (2) FRAUD, DECEIT, OR MISREPRESENTATION IN SECURING INCLUSION  IN  THE
 LONGSHOREMEN'S REGISTER;
   (3) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY  OR  PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
 BY THE AUTHORITY AS EVIDENCE OF INCLUSION IN THE  LONGSHOREMEN'S  REGIS-
 TER, WITHOUT SATISFACTORY EXPLANATION;
   (4)  FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN REGISTERED UNDER THIS
 SECTION OR OF ANOTHER PERSON LICENSED PURSUANT TO THIS ARTICLE;
   (5) WILLFUL COMMISSION OF OR WILLFUL ATTEMPT TO  COMMIT  AT  OR  ON  A
 WATERFRONT  TERMINAL  OR  ADJACENT HIGHWAY ANY ACT OF PHYSICAL INJURY TO
 ANY OTHER PERSON OR OF WILLFUL DAMAGE  TO  OR  MISAPPROPRIATION  OF  ANY
 OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
   (6)  ANY  OTHER  OFFENSE  DESCRIBED  IN  SUBDIVISION  G OF SECTION TWO
 HUNDRED THIRTY-FOUR-D OF THIS ARTICLE.

 S. 8917                            14
 
   F. WHENEVER, AS A RESULT OF AMENDMENTS TO THIS ARTICLE OR OF A  RULING
 BY  THE  DIVISION,  REGISTRATION  AS  A LONGSHOREMAN IS REQUIRED FOR ANY
 PERSON TO CONTINUE IN EMPLOYMENT, THAT PERSON SHALL BE REGISTERED  AS  A
 LONGSHOREMAN; PROVIDED, HOWEVER, THAT THE PERSON SATISFIES ALL THE OTHER
 REQUIREMENTS OF THIS ARTICLE FOR REGISTRATION AS A LONGSHOREMAN.
   G. THE DIVISION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY CARD
 OR  OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN THE
 LONGSHOREMEN'S REGISTER IN THE EVENT THAT THE HOLDER  THEREOF  HAS  BEEN
 REMOVED FROM THE LONGSHOREMEN'S REGISTER.
   H.  NOTHING  CONTAINED  IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
 ANY WAY ANY LABOR RIGHTS RESERVED BY THIS ARTICLE.
   § 234-G. LONGSHOREMEN LAPSE. A. THE DIVISION SHALL, AT REGULAR  INTER-
 VALS,  REMOVE FROM THE LONGSHOREMEN'S REGISTER ANY PERSON WHO SHALL HAVE
 BEEN REGISTERED FOR AT LEAST NINE  MONTHS  AND  WHO  SHALL  HAVE  FAILED
 DURING  THE  PRECEDING  SIX  CALENDAR  MONTHS EITHER TO HAVE WORKED AS A
 LONGSHOREMAN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE OR  TO  HAVE
 APPLIED  FOR  EMPLOYMENT  AS A LONGSHOREMAN AT AN EMPLOYMENT INFORMATION
 CENTER ESTABLISHED UNDER SECTION TWO HUNDRED THIRTY-FOUR-N OF THIS ARTI-
 CLE FOR THE MINIMUM NUMBER OF DAYS AS SHALL HAVE BEEN ESTABLISHED BY THE
 DIVISION PURSUANT TO SUBDIVISION B OF THIS SECTION.
   B. ON OR BEFORE THE FIRST DAY OF JUNE FOLLOWING THE DATE ON WHICH THIS
 ARTICLE BECOMES OPERATIVE, AND ON OR BEFORE EACH SUCCEEDING FIRST DAY OF
 JUNE OR DECEMBER, THE DIVISION SHALL, FOR THE PURPOSES OF  THIS  ARTICLE
 ESTABLISH  FOR  THE  SIX-MONTH  PERIOD  BEGINNING ON EACH DATE A MINIMUM
 NUMBER OF DAYS AND THE DISTRIBUTION OF THE DAYS DURING THAT PERIOD.
   C. IN ESTABLISHING ANY MINIMUM NUMBER OF DAYS OR PERIOD, THE  DIVISION
 SHALL  CONSULT  WITH THE COLLECTIVE BARGAINING REPRESENTATIVES OF STEVE-
 DORES AND OTHER EMPLOYERS OF  LONGSHOREMEN  IN  THE  PORT  OF  NEW  YORK
 DISTRICT  AND  WITH LABOR ORGANIZATIONS REPRESENTING LONGSHOREMEN IN THE
 DISTRICT.
   D. A LONGSHOREMAN WHO HAS BEEN REMOVED FROM THE LONGSHOREMEN'S  REGIS-
 TER  PURSUANT  TO  SUBDIVISION E OF SECTION TWO HUNDRED THIRTY-FOUR-F OF
 THIS ARTICLE MAY SEEK REINSTATEMENT UPON FULFILLING  THE  SAME  REQUIRE-
 MENTS  AS  FOR INITIAL INCLUSION IN THE LONGSHOREMEN'S REGISTER, BUT NOT
 BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF REMOVAL, EXCEPT  THAT
 IMMEDIATE  REINSTATEMENT  SHALL  BE  MADE  UPON  PROPER SHOWING THAT THE
 REGISTRANT'S FAILURE TO WORK OR APPLY FOR WORK FOR THE MINIMUM NUMBER OF
 DAYS, DESCRIBED IN SUBDIVISION C OF THIS SECTION, WAS CAUSED BY THE FACT
 THAT THE REGISTRANT WAS ENGAGED IN THE MILITARY SERVICE  OF  THE  UNITED
 STATES  OR  WAS  INCAPACITATED  BY ILL HEALTH, PHYSICAL INJURY, OR OTHER
 GOOD CAUSE.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE,  THE  DIVISION
 SHALL AT ANY TIME HAVE THE POWER TO REGISTER LONGSHOREMEN ON A TEMPORARY
 BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
   §  234-H.  LONGSHOREMEN  LAPSE REQUIREMENTS. NOTWITHSTANDING ANY OTHER
 PROVISIONS OF THIS ARTICLE THE DIVISION SHALL HAVE THE POWER  TO  REMOVE
 FROM  THE  LONGSHOREMEN'S REGISTER ANY PERSON, INCLUDING A PERSON REGIS-
 TERED AS LONGSHOREMEN FOR LESS THAN NINE MONTHS, WHO SHALL  HAVE  FAILED
 TO  HAVE  WORKED  AS  A LONGSHOREMAN IN THE PORT OF NEW YORK DISTRICT IN
 THIS STATE FOR A MINIMUM NUMBER OF DAYS DURING A PERIOD OF TIME AS SHALL
 HAVE BEEN ESTABLISHED BY THE DIVISION. IN  ADMINISTERING  THIS  SECTION,
 THE  DIVISION,  IN ITS DISCRETION, MAY COUNT APPLICATIONS FOR EMPLOYMENT
 AS A LONGSHOREMAN AT AN EMPLOYMENT INFORMATION CENTER ESTABLISHED PURSU-
 ANT TO SECTION TWO HUNDRED THIRTY-FOUR-N OF THIS ARTICLE AS CONSTITUTING
 ACTUAL WORK AS A LONGSHOREMAN,  PROVIDED,  HOWEVER,  THAT  THE  DIVISION
 SHALL COUNT AS ACTUAL WORK THE COMPENSATION RECEIVED BY ANY LONGSHOREMAN

 S. 8917                            15
 
 PURSUANT  TO THE GUARANTEED WAGE PROVISIONS OF ANY COLLECTIVE BARGAINING
 AGREEMENT RELATING TO LONGSHOREMEN. PRIOR TO  THE  COMMENCEMENT  OF  ANY
 PERIOD OF TIME ESTABLISHED BY THE DIVISION PURSUANT TO THIS SECTION, THE
 DIVISION  SHALL  ESTABLISH FOR THAT PERIOD THE MINIMUM NUMBER OF DAYS OF
 WORK REQUIRED AND THE DISTRIBUTION OF DAYS DURING THAT PERIOD AND  SHALL
 ALSO DETERMINE WHETHER OR NOT APPLICATION FOR EMPLOYMENT AS A LONGSHORE-
 MAN  SHALL BE COUNTED AS CONSTITUTING ACTUAL WORK AS A LONGSHOREMAN. THE
 DIVISION MAY CLASSIFY LONGSHOREMEN ACCORDING TO LENGTH OF SERVICE  AS  A
 LONGSHOREMAN  AND DEVELOP OTHER CRITERIA AS MAY BE REASONABLE AND NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS  ARTICLE.  THE  DIVISION  SHALL
 HAVE  THE POWER TO VARY THE REQUIREMENTS OF THIS SECTION WITH RESPECT TO
 THEIR APPLICATION TO THE VARIOUS CLASSIFICATIONS OF LONGSHOREMEN.  NOTH-
 ING  IN THIS SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT, OR RESTRICT IN
 ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION TWO HUNDRED THIRTY-FOUR-U
 OF THIS ARTICLE.
   § 234-I. QUALIFIED LONGSHOREMEN REGISTER. A. THE DIVISION SHALL ESTAB-
 LISH WITHIN THE LONGSHOREMEN'S REGISTER A LIST OF  ALL  QUALIFIED  LONG-
 SHOREMEN  ELIGIBLE,  AS HEREINAFTER PROVIDED, FOR EMPLOYMENT AS CHECKERS
 IN THE PORT OF NEW YORK DISTRICT IN THIS STATE. A PERSON SHALL  NOT  ACT
 AS  A  CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS
 AT THE TIME THE PERSON IS INCLUDED IN THE LONGSHOREMEN'S REGISTER  AS  A
 CHECKER,  AND  A  PERSON  SHALL  NOT EMPLOY ANOTHER TO WORK AS A CHECKER
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS  AT  THE  TIME
 SUCH OTHER PERSON IS INCLUDED IN THE LONGSHOREMEN'S REGISTER AS A CHECK-
 ER.
   B. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
 A  CHECKER  SHALL  FILE AT A PLACE AND IN A MANNER AS THE DIVISION SHALL
 DESIGNATE A WRITTEN STATEMENT, SIGNED, AND VERIFIED  BY  THE  APPLICANT,
 SETTING FORTH THE FOLLOWING:
   (1)  THE  FULL  NAME,  RESIDENCE,  PLACE AND DATE OF BIRTH, AND SOCIAL
 SECURITY NUMBER OF THE APPLICANT;
   (2) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE  APPLICANT,  INCLUDING
 THE  PLACES WHERE THE APPLICANT WAS EMPLOYED AND THE NAMES OF THE APPLI-
 CANT'S EMPLOYERS; AND
   (3) ANY FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE AUTHORITY
 TO ASCERTAIN THE CHARACTER, INTEGRITY, AND IDENTITY OF THE APPLICANT.
   C. A PERSON SHALL NOT BE INCLUDED IN THE LONGSHOREMEN'S REGISTER AS  A
 CHECKER:
   (1)  UNLESS  THE  DIVISION  SHALL  BE  SATISFIED  THAT  THE  APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (2) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
 A COURT OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF,  OF  THE
 AUTHORITY  OF,  OR  THE ATTEMPT OR CONSPIRACY TO COMMIT TREASON, MURDER,
 MANSLAUGHTER, OR ANY OF THE FOLLOWING OFFENSES:  ILLEGALLY USING, CARRY-
 ING OR POSSESSING A PISTOL OR OTHER DANGEROUS WEAPON; MAKING OR POSSESS-
 ING BURGLAR'S INSTRUMENTS; BUYING OR RECEIVING STOLEN PROPERTY; UNLAWFUL
 ENTRY OF A BUILDING; AIDING AN ESCAPE FROM PRISON;  UNLAWFULLY  POSSESS-
 ING,  POSSESSING  WITH  INTENT  TO DISTRIBUTE, SALE OR DISTRIBUTION OF A
 CONTROLLED DANGEROUS  SUBSTANCE  OR  A  CONTROLLED  DANGEROUS  SUBSTANCE
 ANALOG;  PETTY LARCENY, WHERE THE EVIDENCE SHOWS THE PROPERTY WAS STOLEN
 FROM A VESSEL, PIER OR OTHER WATERFRONT TERMINAL; OR A VIOLATION OF THIS
 ARTICLE. AN APPLICANT INELIGIBLE FOR  INCLUSION  IN  THE  LONGSHOREMEN'S
 REGISTER  AS A CHECKER BY REASON OF A CONVICTION MAY SUBMIT SATISFACTORY
 EVIDENCE TO THE DIVISION THAT THE APPLICANT HAS FOR A PERIOD OF NOT LESS
 THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED, AND UP TO THE TIME OF
 APPLICATION, SO ACTED AS TO  WARRANT  INCLUSION  IN  THE  LONGSHOREMEN'S

 S. 8917                            16
 
 REGISTER  AS  A  CHECKER,  IN  WHICH  EVENT  THE  DIVISION  MAY,  IN ITS
 DISCRETION, ISSUE AN ORDER REMOVING THE APPLICANT'S  INELIGIBILITY.  THE
 FIVE-YEAR  PERIOD  SHALL  BE MEASURED EITHER FROM THE DATE OF PAYMENT OF
 ANY  FINE IMPOSED UPON THAT PERSON OR THE SUSPENSION OF SENTENCE OR FROM
 THE DATE OF THE PERSON'S  UNREVOKED  RELEASE  FROM  CUSTODY  BY  PAROLE,
 COMMUTATION, OR TERMINATION OF SENTENCE; OR
   (3) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF  OVERTHROWING  OR  DESTROYING  THE GOVERNMENT OF THE UNITED STATES BY
 FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVOCATES  THAT
 DESIRABILITY,  KNOWING  THE PURPOSES OF THE GROUP ADVOCATING THAT DESIR-
 ABILITY.
   D. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND  FURTHER  INQUIRY
 AND  INVESTIGATION  MADE  AS THE DIVISION SHALL DEEM PROPER AND WHEN THE
 DIVISION SHALL BE SATISFIED THEREFROM THAT THE APPLICANT  POSSESSES  THE
 QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION, THE DIVISION
 SHALL INCLUDE THE APPLICANT IN THE LONGSHOREMEN'S REGISTER AS A CHECKER.
 THE  DIVISION  MAY  PERMIT  TEMPORARY  REGISTRATION  AS A CHECKER TO ANY
 APPLICANT UNDER THIS SECTION PENDING FINAL ACTION ON AN APPLICATION MADE
 FOR TEMPORARY REGISTRATION, UNDER THE TERMS AND CONDITIONS AS THE  DIVI-
 SION MAY PRESCRIBE, WHICH SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE
 DIVISION, NOT IN EXCESS OF SIX MONTHS.
   E.  THE  DIVISION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
 UNDER THIS SECTION OR TO  REMOVE  THE  PERSON  FROM  THE  LONGSHOREMEN'S
 REGISTER  AS A CHECKER FOR A PERIOD OF TIME AS THE DIVISION DEEMS IN THE
 PUBLIC INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
   (1) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT  DISQUALI-
 FICATION  OF THE PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
 A CHECKER UPON ORIGINAL APPLICATION;
   (2) FRAUD, DECEIT, OR MISREPRESENTATION IN SECURING INCLUSION  IN  THE
 LONGSHOREMEN'S REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGISTERED
 ACTIVITY;
   (3) VIOLATION OF ANY OF THE PROVISIONS OF THIS ARTICLE;
   (4) UNLAWFULLY POSSESSING, POSSESSING WITH INTENT TO DISTRIBUTE, SALE,
 OR  DISTRIBUTION  OF  A  CONTROLLED  DANGEROUS SUBSTANCE OR A CONTROLLED
 DANGEROUS SUBSTANCE ANALOG;
   (5) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
 TERMS OF THIS ARTICLE;
   (6) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN, OR OFFERING TO PAY OR
 GIVE TO ANY PERSON ANY VALUABLE CONSIDERATION TO INDUCE THE OTHER PERSON
 TO VIOLATE ANY PROVISION OF THIS ARTICLE OR TO INDUCE ANY  PUBLIC  OFFI-
 CER,  AGENT, OR EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY UNDER THIS
 ARTICLE;
   (7) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
   (8) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF  IDENTIFICATION  ISSUED
 BY  THE DIVISION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S REGISTER
 WITHOUT SATISFACTORY EXPLANATION; OR
   (9) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN OR OF  ANOTHER  PERSON
 LICENSED UNDER THIS ARTICLE.
   F. THE DIVISION SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY CARD
 OR  OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN THE
 LONGSHOREMEN'S REGISTER AS A CHECKER IN THE EVENT THAT THE HOLDER THERE-
 OF HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGISTER AS A CHECKER.
   G. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  IN
 ANY   WAY   ANY   RIGHTS  OF  LABOR  RESERVED  BY  SECTION  TWO  HUNDRED
 THIRTY-FOUR-U THIS ARTICLE.

 S. 8917                            17
 
   § 234-J. LONGSHOREMEN REGISTER APPLICATION. THE DIVISION SHALL  ACCEPT
 APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER UPON:
   A. THE JOINT RECOMMENDATION IN WRITING OF STEVEDORES AND OTHER EMPLOY-
 ERS  OF  LONGSHOREMEN  IN  THE  PORT OF NEW YORK DISTRICT IN THIS STATE,
 ACTING THROUGH THEIR  REPRESENTATIVE  FOR  THE  PURPOSES  OF  COLLECTIVE
 BARGAINING  WITH  A  LABOR ORGANIZATION REPRESENTING THE LONGSHOREMEN IN
 THE DISTRICT, AND THAT LABOR ORGANIZATION; OR
   B. THE PETITION IN WRITING OF A STEVEDORE OR OTHER EMPLOYER  OF  LONG-
 SHOREMEN  IN  THE PORT OF NEW YORK DISTRICT IN THIS STATE WHICH DOES NOT
 HAVE A REPRESENTATIVE FOR THE PURPOSES OF COLLECTIVE BARGAINING  WITH  A
 LABOR ORGANIZATION REPRESENTING THOSE LONGSHOREMEN.
   §  234-K.  PORT  WATCHMAN LICENSE. A. A PERSON SHALL NOT ACT AS A PORT
 WATCHMAN WITHIN THE PORT OF NEW YORK  DISTRICT  IN  THIS  STATE  WITHOUT
 FIRST  HAVING  OBTAINED  A LICENSE FROM THE DIVISION, AND A PERSON SHALL
 NOT EMPLOY A PORT WATCHMAN WHO IS NOT SO LICENSED.
   B. A LICENSE TO ACT AS A PORT WATCHMAN SHALL BE ISSUED ONLY UPON WRIT-
 TEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
   (1) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS,  IF  ANY,  PLACE,  AND
 DATE OF BIRTH, AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
   (2)  THE  PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
 THE PLACES WHERE THE APPLICANT WAS EMPLOYED AND THE NAMES OF THE  APPLI-
 CANT'S EMPLOYERS;
   (3)  THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
 IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
 AND
   (4) ANY FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  DIVISION
 TO ASCERTAIN THE CHARACTER, INTEGRITY, AND IDENTITY OF THE APPLICANT.
   C. A PORT WATCHMAN LICENSE SHALL NOT BE GRANTED:
   (1)  UNLESS  THE  DIVISION  SHALL  BE  SATISFIED  THAT  THE  APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (2) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
 A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
 AUTHORITY OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT,  TREASON,  MURDER,
 MANSLAUGHTER  OR  ANY  OF  THE  OFFENSES  DESCRIBED  IN SUBDIVISION G OF
 SECTION TWO HUNDRED THIRTY-FOUR-D OF THIS ARTICLE;
   (3) UNLESS THE APPLICANT SHALL MEET REASONABLE STANDARDS  OF  PHYSICAL
 AND  MENTAL FITNESS FOR THE DISCHARGE OF A PORT WATCHMAN'S DUTIES AS MAY
 FROM TIME TO TIME BE ESTABLISHED BY THE DIVISION;
   (4) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
 REPRESENTS LONGSHOREMEN OR PIER SUPERINTENDENTS OR  HIRING  AGENTS;  BUT
 NOTHING  IN  THIS ARTICLE SHALL BE DEEMED TO PROHIBIT PORT WATCHMEN FROM
 BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO  NOT
 ALSO  REPRESENT  LONGSHOREMEN  OR PIER SUPERINTENDENTS OR HIRING AGENTS.
 THE AMERICAN FEDERATION OF LABOR, THE CONGRESS OF  INDUSTRIAL  ORGANIZA-
 TIONS  (AFL-CIO)  AND  ANY  OTHER SIMILAR FEDERATION, CONGRESS, OR OTHER
 ORGANIZATION OF NATIONAL OR  INTERNATIONAL  OCCUPATIONAL  OR  INDUSTRIAL
 LABOR  ORGANIZATIONS  SHALL NOT BE CONSIDERED A LABOR ORGANIZATION WHICH
 REPRESENTS LONGSHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS  WITHIN
 THE MEANING OF THIS SECTION ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT
 LABOR  ORGANIZATIONS  THEREOF  MAY REPRESENT LONGSHOREMEN OR PIER SUPER-
 INTENDENTS OR HIRING AGENTS; OR
   (5) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF  THE  UNITED  STATES  BY
 FORCE  OR  VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES THAT
 DESIRABILITY, KNOWING THE PURPOSES OF THE GROUP'S ADVOCACY.

 S. 8917                            18
 
   D. WHEN THE APPLICATION SHALL HAVE BEEN EXAMINED AND  FURTHER  INQUIRY
 AND  INVESTIGATION  MADE  AS THE DIVISION SHALL DEEM PROPER AND WHEN THE
 AUTHORITY SHALL BE SATISFIED THEREFROM THAT THE APPLICANT POSSESSES  THE
 QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN THIS SECTION AND REGU-
 LATIONS  ISSUED PURSUANT THERETO, THE DIVISION SHALL ISSUE AND DELIVER A
 LICENSE TO THE APPLICANT. THE DIVISION MAY ISSUE A TEMPORARY  PERMIT  TO
 ANY APPLICANT FOR A LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING
 FINAL  ACTION  ON  AN  APPLICATION  MADE FOR THAT LICENSE. ANY TEMPORARY
 PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF THIRTY DAYS.
   E. A LICENSE GRANTED PURSUANT TO THIS SECTION  SHALL  CONTINUE  FOR  A
 TERM  OF  THREE  YEARS.  A  LICENSE  MAY  BE RENEWED BY THE DIVISION FOR
 SUCCESSIVE THREE-YEAR PERIODS  UPON  FULFILLING  THE  SAME  REQUIREMENTS
 ESTABLISHED IN THIS SECTION FOR AN ORIGINAL APPLICATION.
   F.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION, A LICENSE TO ACT AS
 A PORT WATCHMAN SHALL CONTINUE INDEFINITELY AND  NEED  NOT  BE  RENEWED,
 PROVIDED THAT THE LICENSEE SHALL, AS REQUIRED BY THE DIVISION:
   (1)  SUBMIT  TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
 FITNESS STANDARDS AS MAY BE ESTABLISHED BY THE DIVISION;
   (2) COMPLETE A REFRESHER COURSE OF TRAINING; AND
   (3) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
   G. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED  FOR  A PERIOD AS THE DIVISION DEEMS IN THE PUBLIC INTEREST OR
 THE LICENSEE THEREUNDER MAY BE REPRIMANDED  FOR  ANY  OF  THE  FOLLOWING
 OFFENSES:
   (1) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 THE  HOLDER'S  DISQUALIFICATION  FROM  RECEIVING A LICENSE UPON ORIGINAL
 APPLICATION;
   (2) FRAUD, DECEIT, OR MISREPRESENTATION IN SECURING THE LICENSE; AND
   (3) ANY OTHER OFFENSE  DESCRIBED  IN  SUBDIVISION  G  OF  SECTION  TWO
 HUNDRED THIRTY-FOUR-D OF THIS ARTICLE.
   H.  THE  DIVISION  SHALL,  AT REGULAR INTERVALS, CANCEL THE LICENSE OR
 TEMPORARY PERMIT OF A PORT WATCHMAN WHO HAS FAILED DURING THE  PRECEDING
 TWELVE  MONTHS  TO  WORK  AS  A  PORT  WATCHMAN  IN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE A MINIMUM NUMBER OF HOURS AS ESTABLISHED  BY  THE
 DIVISION, EXCEPT THAT THE DIVISION SHALL IMMEDIATELY RESTORE THE LICENSE
 OR  TEMPORARY  PERMIT  UPON A PROPER SHOWING THAT THE FAILURE TO SO WORK
 WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMIT HOLDER WAS ENGAGED IN
 THE MILITARY SERVICE OF THE UNITED STATES OR WAS  INCAPACITATED  BY  ILL
 HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
   I.  ANY  PORT  WATCHMAN INELIGIBLE FOR A LICENSE BY REASON PURSUANT TO
 THIS SECTION MAY PETITION FOR AND THE DIVISION MAY ISSUE AN ORDER REMOV-
 ING THE INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE AN  INELIGIBIL-
 ITY  MAY BE MADE TO THE DIVISION BEFORE OR AFTER THE HEARING REQUIRED BY
 SECTION TWO HUNDRED THIRTY-FOUR-L OF THIS ARTICLE.
   § 234-L. DENIAL, REVOCATION, CANCELLATION AND  SUSPENSION  OF  LICENSE
 AND  APPLICATIONS.  A. THE DIVISION SHALL NOT DENY ANY APPLICATION FOR A
 LICENSE OR REGISTRATION WITHOUT  GIVING  THE  APPLICANT  OR  PROSPECTIVE
 LICENSEE  REASONABLE  PRIOR  NOTICE  AND AN OPPORTUNITY TO BE HEARD AT A
 HEARING CONDUCTED BY THE DIVISION.
   B.  ANY  APPLICATION  FOR  A  LICENSE  OR   FOR   INCLUSION   IN   THE
 LONGSHOREMEN'S  REGISTER,  AND  ANY LICENSE ISSUED OR REGISTRATION MADE,
 MAY BE DENIED, REVOKED, CANCELLED, OR SUSPENDED AS THE CASE MAY BE, ONLY
 IN THE MANNER PRESCRIBED IN THIS SECTION.
   C. THE DIVISION MAY ON ITS OWN  INITIATIVE  OR  ON  COMPLAINT  OF  ANY
 PERSON,  INCLUDING  ANY PUBLIC OFFICIAL OR AGENCY, INSTITUTE PROCEEDINGS
 TO REVOKE, CANCEL, OR SUSPEND ANY LICENSE OR REGISTRATION AFTER A  HEAR-

 S. 8917                            19
 
 ING  AT  WHICH  THE  LICENSEE  OR  REGISTRANT  AND  ANY  PERSON MAKING A
 COMPLAINT SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, PROVIDED  THAT  ANY
 ORDER OF THE DIVISION REVOKING, CANCELLING, OR SUSPENDING ANY LICENSE OR
 REGISTRATION SHALL NOT BECOME EFFECTIVE UNTIL FIFTEEN DAYS SUBSEQUENT TO
 THE  SERVING OF NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN
 THE OPINION OF THE DIVISION THE CONTINUANCE OF THE LICENSE OR  REGISTRA-
 TION  FOR  THAT  PERIOD WOULD BE INIMICAL TO THE PUBLIC PEACE OR SAFETY.
 THE HEARING SHALL BE HELD  IN  A  MANNER  AND  UPON  NOTICE  AS  MAY  BE
 PRESCRIBED  BY THE RULES OF THE DIVISION, BUT THE NOTICE SHALL BE OF NOT
 LESS THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
   D. PENDING THE DETERMINATION OF A HEARING PURSUANT  TO  THIS  SECTION,
 THE  DIVISION  MAY  TEMPORARILY SUSPEND A LICENSE OR REGISTRATION IF, IN
 THE OPINION OF THE DIVISION, THE CONTINUANCE OF THE LICENSE OR REGISTRA-
 TION FOR THAT FIFTEEN DAY PERIOD, PURSUANT  TO  SUBDIVISION  C  OF  THIS
 SECTION, IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
   E. THE DIVISION, OR A MEMBER, OFFICER, EMPLOYEE, OR AGENT OF THE DIVI-
 SION  AS  MAY BE DESIGNATED BY THE DIVISION FOR SUCH PURPOSE, SHALL HAVE
 THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF  WITNESSES  AND
 THE  GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
 TER OATHS IN CONNECTION WITH A HEARING. IT SHALL  BE  THE  DUTY  OF  THE
 DIVISION  OR  OF ANY MEMBER, OFFICER, EMPLOYEE, OR AGENT OF THE DIVISION
 DESIGNATED BY THE DIVISION FOR THAT PURPOSE TO ISSUE  SUBPOENAS  AT  THE
 REQUEST  OF  AND  UPON BEHALF OF THE LICENSEE, REGISTRANT, OR APPLICANT.
 THE PERSON CONDUCTING THE HEARING ON BEHALF OF THE DIVISION SHALL NOT BE
 BOUND BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR  BY  TECHNICAL  OR
 FORMAL RULES OF PROCEDURE IN CONDUCTING THE HEARING.
   F.  UPON THE CONCLUSION OF THE HEARING, THE DIVISION SHALL TAKE ACTION
 UPON THE FINDINGS AND DETERMINATION AS THE  DIVISION  DEEMS  PROPER  AND
 SHALL EXECUTE AN ORDER CARRYING ITS FINDINGS INTO EFFECT.  THE ACTION IN
 THE  CASE  OF  AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE
 GRANTING OR DENIAL THEREOF. THE ACTION IN THE CASE OF A  LICENSEE  SHALL
 BE REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A FIXED PERIOD OR
 REPRIMAND  OR  A  DISMISSAL  OF THE CHARGES. THE ACTION IN THE CASE OF A
 REGISTERED LONGSHOREMAN SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND, OR
 REMOVAL FROM THE LONGSHOREMEN'S REGISTER FOR A FIXED  PERIOD  OR  PERMA-
 NENTLY.
   G.  THE  ACTION  OF  THE  DIVISION,  IN  DENYING ANY APPLICATION FOR A
 LICENSE OR IN REFUSING TO  INCLUDE  ANY  PERSON  IN  THE  LONGSHOREMEN'S
 REGISTER  ESTABLISHED  PURSUANT  TO SECTION TWO HUNDRED THIRTY-FOUR-F OF
 THIS ARTICLE OR IN SUSPENDING OR REVOKING  A  LICENSE  OR  REMOVING  ANY
 PERSON  FROM  THE LONGSHOREMEN'S REGISTER OR IN REPRIMANDING A LICENSEE,
 OR REGISTRANT, SHALL BE SUBJECT  TO  JUDICIAL  REVIEW  BY  A  PROCEEDING
 INSTITUTED  IN THIS STATE AT THE INSTANCE OF THE APPLICANT, LICENSEE, OR
 REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF  THE  FINAL
 DECISION  OR  ACTION OF AN ADMINISTRATIVE AGENCY OF THE STATE; PROVIDED,
 HOWEVER, THAT NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  COURT
 SHALL  HAVE  POWER TO STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE
 DIVISION SUSPENDING OR REVOKING A LICENSE  OR  REMOVING  A  LONGSHOREMAN
 FROM THE LONGSHOREMEN'S REGISTER.
   §  234-M. HEARINGS. A. AT HEARINGS CONDUCTED BY THE DIVISION, PURSUANT
 TO  SECTION  TWO  HUNDRED  THIRTY-FOUR-L  OF  THIS  ARTICLE  APPLICANTS,
 PROSPECTIVE  LICENSEES,  LICENSEES, AND REGISTRANTS SHALL HAVE THE RIGHT
 TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
   B. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO  THE  MAKING  OF  AN
 ORDER  BY  THE  DIVISION,  A  HEARING  MAY,  UPON  PETITION  AND  IN THE
 DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE  PRESENTATION  OF

 S. 8917                            20
 
 ADDITIONAL  EVIDENCE.  A  PETITION  TO REOPEN THE HEARING SHALL STATE IN
 DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE  REASONS
 FOR  THE  FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
 HEARING. THE DIVISION MAY UPON ITS OWN MOTION AND UPON REASONABLE NOTICE
 REOPEN A HEARING FOR THE PRESENTATION OF ADDITIONAL EVIDENCE. UPON PETI-
 TION,  AFTER  THE  MAKING  OF AN ORDER OF THE DIVISION, REHEARING MAY BE
 GRANTED IN THE DISCRETION OF THE  DIVISION.  A  PETITION  FOR  REHEARING
 SHALL  STATE  IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS BASED AND
 SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT  ALLEGED  TO  HAVE
 BEEN  MADE BY THE DIVISION IN ITS DETERMINATION, TOGETHER WITH THE FACTS
 AND ARGUMENTS IN SUPPORT THEREOF. THE PETITION SHALL BE FILED  WITH  THE
 DIVISION  NOT  LATER  THAN  THIRTY  DAYS AFTER SERVICE OF THE DIVISION'S
 ORDER, UNLESS THE DIVISION FOR GOOD CAUSE SHOWN SHALL OTHERWISE  DIRECT.
 THE  DIVISION MAY UPON ITS OWN MOTION GRANT A REHEARING AFTER THE MAKING
 OF AN ORDER.
   § 234-N. EMPLOYMENT INFORMATION CENTERS. A.  THE  DIVISION  IS  HEREBY
 DESIGNATED  ON  ITS  OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
 PROVIDED BY THE ACT OF  CONGRESS  OF  THE  UNITED  STATES  ENTITLED  THE
 WAGNER-PEYSER ACT, AS AMENDED, FOR THE PURPOSE OF OBTAINING THE BENEFITS
 OF  THAT  ACT  OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
 LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS  AUTHORIZED  BY
 THIS SECTION.
   B.  THE  DIVISION  SHALL  HAVE  ALL  POWERS NECESSARY TO TAKE STEPS TO
 FORMULATE PLANS AND TO EXECUTE PROJECTS RELATED TO THE ESTABLISHMENT AND
 OPERATION OF EMPLOYMENT INFORMATION CENTERS,  AS  MAY  BE  NECESSARY  TO
 OBTAIN  ANY BENEFITS FOR THE OPERATION OF EMPLOYMENT INFORMATION CENTERS
 IN ACCOMPLISHING THE PURPOSES OF THIS ARTICLE.
   C. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE, IS  AUTHORIZED  AND
 EMPOWERED,  UPON  THE  REQUEST OF THE DIVISION AND SUBJECT TO ITS DIREC-
 TION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE  DIVISION  BY
 THE PROVISIONS OF THIS SECTION.
   D.  THE  DIVISION  SHALL ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT
 INFORMATION CENTERS WITHIN THE PORT OF NEW YORK DISTRICT IN  THIS  STATE
 AT LOCATIONS AS THE DIVISION MAY DETERMINE. A PERSON SHALL NOT, DIRECTLY
 OR INDIRECTLY, HIRE ANY PERSON FOR WORK AS A LONGSHOREMAN OR PORT WATCH-
 MAN  WITHIN  THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH
 AN EMPLOYMENT INFORMATION CENTER AS MAY BE PRESCRIBED BY THE DIVISION. A
 PERSON SHALL NOT ACCEPT ANY EMPLOYMENT AS A LONGSHOREMAN OR PORT  WATCH-
 MAN  WITHIN  THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH
 AN EMPLOYMENT INFORMATION CENTER. AT EACH EMPLOYMENT INFORMATION CENTER,
 THE DIVISION SHALL KEEP AND EXHIBIT THE LONGSHOREMEN'S REGISTER AND  ANY
 OTHER  RECORDS THE DIVISION SHALL DETERMINE TO THE END THAT LONGSHOREMEN
 AND PORT WATCHMEN SHALL HAVE THE MAXIMUM  INFORMATION  AS  TO  AVAILABLE
 EMPLOYMENT  AT  ANY  TIME  WITHIN  THE PORT OF NEW YORK DISTRICT IN THIS
 STATE AND THAT EMPLOYERS SHALL HAVE  AN  ADEQUATE  OPPORTUNITY  TO  FILL
 THEIR  REQUIREMENTS  OF REGISTERED LONGSHOREMEN AND PORT WATCHMEN AT ALL
 TIMES.
   E. EVERY EMPLOYER OF LONGSHOREMEN OR PORT WATCHMEN WITHIN THE PORT  OF
 NEW  YORK  DISTRICT  IN  THIS  STATE SHALL FURNISH INFORMATION AS MAY BE
 REQUIRED BY THE RULES AND REGULATIONS PRESCRIBED BY  THE  DIVISION  WITH
 REGARD TO THE NAME OF EACH PERSON HIRED AS A LONGSHOREMAN OR PORT WATCH-
 MAN,  THE  TIME AND PLACE OF HIRING, THE TIME, PLACE, AND HOURS OF WORK,
 AND THE COMPENSATION THEREFOR.
   § 234-O. TELECOMMUNICATIONS SYSTEM. A. THE DIVISION MAY DESIGNATE  ONE
 OF  THE EMPLOYMENT INFORMATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND
 MAINTAIN UNDER SECTION TWO HUNDRED THIRTY-FOUR-N OF THIS ARTICLE FOR THE

 S. 8917                            21
 
 IMPLEMENTATION OF A TELECOMMUNICATIONS HIRING SYSTEM THROUGH WHICH LONG-
 SHOREMEN AND CHECKERS MAY BE HIRED AND  ACCEPT  EMPLOYMENT  WITHOUT  ANY
 PERSONAL  APPEARANCE AT THE CENTER. THE TELECOMMUNICATIONS HIRING SYSTEM
 SHALL  INCORPORATE HIRING AND SENIORITY AGREEMENTS BETWEEN THE EMPLOYERS
 OF LONGSHOREMEN AND CHECKERS AND THE  LABOR  ORGANIZATIONS  REPRESENTING
 LONGSHOREMEN  AND  CHECKERS  IN  THE  PORT  OF NEW YORK DISTRICT IN THIS
 STATE, PROVIDED THE AGREEMENTS ARE NOT IN CONFLICT WITH  THE  PROVISIONS
 OF THIS ARTICLE.
   B. THE DIVISION SHALL PERMIT EMPLOYEES OF THE MANAGEMENT ORGANIZATIONS
 REPRESENTING  EMPLOYERS  OF LONGSHOREMEN AND CHECKERS IN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE, AND OF THE LABOR ORGANIZATIONS REPRESENTING
 LONGSHOREMEN AND CHECKERS IN THE PORT  OF  NEW  YORK  DISTRICT  IN  THIS
 STATE,  OR OF A JOINT BOARD OF THESE MANAGEMENT AND LABOR ORGANIZATIONS,
 TO PARTICIPATE IN THE OPERATION OF THE TELECOMMUNICATIONS HIRING SYSTEM,
 IF THESE EMPLOYEES ARE REGISTERED BY THE DIVISION AS "TELECOMMUNICATIONS
 SYSTEM CONTROLLERS", WITH RESPECT TO THE  REGISTRATION  OF  CHECKERS.  A
 PERSON  SHALL NOT ACT AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS
 THAT PERSON IS REGISTERED. AN APPLICATION FOR REGISTRATION AND A  REGIS-
 TRATION  MADE OR ISSUED MAY BE DENIED, REVOKED, CANCELLED, OR SUSPENDED,
 AS THE CASE MAY BE, ONLY IN THE MANNER PRESCRIBED IN SECTION TWO HUNDRED
 THIRTY-FOUR-I OF THIS ARTICLE. PARTICIPATION IN  THE  OPERATION  OF  THE
 TELECOMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE DIVISION.
   C.  THE  RECORDS,  DOCUMENTS,  TAPES,  DISCS, AND OTHER DATA COMPILED,
 COLLECTED OR MAINTAINED BY A MANAGEMENT ORGANIZATION, A LABOR  ORGANIZA-
 TION,  AND  A  JOINT  BOARD  OF THESE MANAGEMENT AND LABOR ORGANIZATIONS
 PERTAINING TO THE TELECOMMUNICATIONS HIRING SYSTEM  SHALL  BE  AVAILABLE
 FOR INSPECTION, INVESTIGATION, AND DUPLICATION BY THE DIVISION.
   §  234-P.  APPLICATION  DENIAL  FOR CRIME ACTIVITY. IN ADDITION TO THE
 GROUNDS ELSEWHERE ESTABLISHED IN THIS ARTICLE THE DIVISION MAY  DENY  AN
 APPLICATION FOR A LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
   A. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
 RY THEREOF OF COERCION;
   B.  CONVICTION  BY A COURT DESCRIBED IN SUBDIVISION A OF THIS SECTION,
 AFTER HAVING BEEN PREVIOUSLY CONVICTED BY THAT COURT OF ANY CRIME OR  OF
 THE  OFFENSES  HEREINAFTER  SET FORTH, OR ANY OF THE FOLLOWING OFFENSES:
 ASSAULT, MALICIOUS INJURY  TO  PROPERTY,  MALICIOUS  MISCHIEF,  UNLAWFUL
 TAKING  OF  A  MOTOR  VEHICLE,  CORRUPTION OF EMPLOYEES OR POSSESSION OF
 ILLEGAL BETTING NUMBER SLIPS;
   C. FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY  APPLICA-
 TION  OR  PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING OR PROCEEDING
 CONDUCTED BY THE DIVISION OR COMMISSION;
   D. VIOLATION OF ANY PROVISION OF THIS ARTICLE  OR  COMMISSION  OF  ANY
 OFFENSE THEREUNDER;
   E.  REFUSAL  ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
 OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY  SECTION  TWO  HUNDRED
 THIRTY-FOUR-E OF THIS ARTICLE TO SIGN OR BE IDENTIFIED IN AN APPLICATION
 FOR  A STEVEDORE LICENSE, TO ANSWER ANY MATERIAL QUESTION OR PRODUCE ANY
 MATERIAL EVIDENCE IN CONNECTION WITH THE  PERSON'S  APPLICATION  OR  ANY
 APPLICATION  MADE  ON  THE PERSON'S BEHALF FOR A LICENSE OR REGISTRATION
 PURSUANT TO SECTION TWO HUNDRED THIRTY-FOUR-E OF THIS ARTICLE;
   F. ASSOCIATION WITH A PERSON WHO HAS BEEN  IDENTIFIED  BY  A  FEDERAL,
 STATE,  OR  LOCAL  LAW ENFORCEMENT AGENCY AS A MEMBER OR ASSOCIATE OF AN
 ORGANIZED CRIME GROUP, A TERRORIST GROUP, OR A CAREER  OFFENDER  CARTEL,
 OR  WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE THAT ASSOCIATION
 CREATES A REASONABLE BELIEF THAT THE PARTICIPATION OF THE  APPLICANT  IN

 S. 8917                            22
 
 ANY  ACTIVITY  REQUIRED  TO BE LICENSED OR REGISTERED UNDER THIS ARTICLE
 WOULD BE INIMICAL TO THE PURPOSES OF THIS ARTICLE; OR
   G. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
 WHERE THAT ASSOCIATION CREATES A  REASONABLE  BELIEF  THAT  THE  PARTIC-
 IPATION  OF  THE  APPLICANT  IN  ANY ACTIVITY REQUIRED TO BE LICENSED OR
 REGISTERED UNDER THIS ARTICLE WOULD BE INIMICAL TO THE PURPOSES OF  THIS
 ARTICLE.
   §  234-Q.  LICENSE REVOCATION FOR CERTAIN ACTIVITY. IN ADDITION TO THE
 GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE ANY LICENSE OR  REGISTRATION
 ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED OR SUSPENDED FOR A PERIOD
 AS  THE  DIVISION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR REGIS-
 TRANT MAY BE REPRIMANDED, FOR:
   A. CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO ILLEGAL GAMBLING,
 BOOKMAKING, OR SIMILAR CRIMES OR OFFENSES IF THE CRIME  OR  OFFENSE  WAS
 COMMITTED  AT  OR  ON A PIER OR OTHER WATERFRONT TERMINAL OR WITHIN FIVE
 HUNDRED FEET THEREOF;
   B. WILLFUL AUTHORITY OF, OR WILLFUL ATTEMPT  TO  COMMIT  AT  OR  ON  A
 WATERFRONT  TERMINAL  OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
 ANY OTHER PERSON OR OF WILLFUL DAMAGE  TO  OR  MISAPPROPRIATION  OF  ANY
 OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
   C.  RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
 THAN A LICENSEE'S OR REGISTRANT'S  EMPLOYER  AS  CONSIDERATION  FOR  THE
 SELECTION OR RETENTION FOR EMPLOYMENT OF A LICENSEE OR REGISTRANT;
   D. COERCION OF A LICENSEE OR REGISTRANT BY THREAT OF DISCRIMINATION OR
 VIOLENCE  OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE
 SERVICES OF ANY PERSON;
   E. REFUSAL TO ANSWER ANY MATERIAL QUESTION  OR  PRODUCE  ANY  EVIDENCE
 LAWFULLY  REQUIRED  TO  BE  ANSWERED  OR  PRODUCED AT ANY INVESTIGATION,
 INTERVIEW, HEARING, OR OTHER PROCEEDING CONDUCTED BY THE DIVISION PURSU-
 ANT TO SECTION TWO HUNDRED THIRTY-FOUR-L OF  THIS  ARTICLE  OR,  IF  THE
 REFUSAL  IS ACCOMPANIED BY A VALID PLEA OF PRIVILEGE AGAINST SELF-INCRI-
 MINATION, REFUSAL TO OBEY AN ORDER TO ANSWER THE QUESTION OR PRODUCE ANY
 EVIDENCE MADE BY THE DIVISION PURSUANT TO SECTION  TWO  HUNDRED  THIRTY-
 FOUR-L OF THIS ARTICLE;
   F.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE THAT  ASSOCIATION
 CREATES  A  REASONABLE  BELIEF THAT THE PARTICIPATION OF THE LICENSEE OR
 REGISTRANT IN ANY ACTIVITY REQUIRED TO BE LICENSED OR  REGISTERED  UNDER
 THIS ARTICLE WOULD BE INIMICAL TO THE PURPOSES OF THIS ARTICLE; OR
   G. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES, OR ANY STATE,  OR  TERRITORY  THEREOF  UNDER  CIRCUM-
 STANCES  WHERE  THAT  ASSOCIATION  CREATES  A REASONABLE BELIEF THAT THE
 PARTICIPATION OF THE LICENSEE OR REGISTRANT IN ANY ACTIVITY REQUIRED  TO
 BE  LICENSED  OR  REGISTERED  BY  THIS  ARTICLE WOULD BE INIMICAL TO THE
 PURPOSES OF THIS ARTICLE.
   § 234-R. REFUSAL TO COOPERATE. A. IN ANY INVESTIGATION, INTERVIEW,  OR
 OTHER  PROCEEDING  CONDUCTED  UNDER  OATH  BY  THE  DIVISION OR ANY DULY
 AUTHORIZED OFFICER, EMPLOYEE, OR AGENT THEREOF, IF A PERSON  REFUSES  TO
 ANSWER  A  QUESTION  OR PRODUCE EVIDENCE OF ANY OTHER KIND ON THE GROUND
 THAT THE PERSON MAY BE INCRIMINATED  THEREBY,  AND  NOTWITHSTANDING  THE
 REFUSAL,  AN  ORDER IS MADE UPON TWENTY-FOUR HOURS' PRIOR WRITTEN NOTICE

 S. 8917                            23

 TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK, AND TO THE APPROPRIATE
 DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFICIAL INTEREST THEREIN,  BY
 THE  SUPERINTENDENT  OF  THE  DIVISION OR THE SUPERINTENDENT'S DESIGNEE,
 THAT  THE PERSON ANSWER THE QUESTION OR PRODUCE THE EVIDENCE, THE PERSON
 SHALL COMPLY WITH THE ORDER. IF THE PERSON COMPLIES WITH THE ORDER,  AND
 IF,  BUT  FOR  THIS  SECTION, WOULD HAVE BEEN PRIVILEGED TO WITHHOLD THE
 ANSWER GIVEN OR THE EVIDENCE PRODUCED BY THE PERSON, THEN IMMUNITY SHALL
 BE CONFERRED UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION.  IMMUNITY
 SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF THIS SECTION. IF, AFTER COMPLIANCE WITH THE PROVISIONS OF
 THIS SECTION, A PERSON IS  ORDERED  TO  ANSWER  A  QUESTION  OR  PRODUCE
 EVIDENCE OF ANY OTHER KIND AND COMPLIES WITH THE ORDER, AND IT IS THERE-
 AFTER  DETERMINED  THAT  THE  ATTORNEY  GENERAL  OR APPROPRIATE DISTRICT
 ATTORNEY OR PROSECUTOR HAVING AN OFFICIAL INTEREST THEREIN WAS NOT NOTI-
 FIED, THAT FAILURE OR NEGLECT SHALL NOT DEPRIVE THAT PERSON OF ANY IMMU-
 NITY OTHERWISE PROPERLY CONFERRED UPON THE PERSON. BUT  THE  PERSON  MAY
 NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
 PERJURY  OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN
 PRODUCING OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE  ORDER,
 AND  ANY  ANSWER  GIVEN OR EVIDENCE PRODUCED SHALL BE ADMISSIBLE AGAINST
 THE PERSON UPON ANY  CRIMINAL  PROCEEDING  CONCERNING  SUCH  PERJURY  OR
 CONTEMPT.
   B.  IF  A  PERSON,  IN OBEDIENCE TO A SUBPOENA DIRECTING THE PERSON TO
 ATTEND AND TESTIFY, IS IN THIS STATE OR COMES INTO THIS STATE  FROM  THE
 STATE OF NEW YORK, THE PERSON SHALL NOT, WHILE IN THIS STATE PURSUANT TO
 SUCH  SUBPOENA, BE SUBJECT TO ARREST OR THE SERVICE OF PROCESS, CIVIL OR
 CRIMINAL, IN CONNECTION WITH MATTERS WHICH  AROSE  BEFORE  THE  PERSON'S
 ENTRANCE INTO THIS STATE UNDER THE SUBPOENA.
   §  234-S.  SUSPENSION PENDING CASE OUTCOME. A. THE DIVISION MAY TEMPO-
 RARILY SUSPEND A TEMPORARY PERMIT OR A PERMANENT LICENSE OR A  TEMPORARY
 OR  PERMANENT  REGISTRATION  ISSUED  PURSUANT  TO THE PROVISIONS OF THIS
 ARTICLE UNTIL FURTHER ORDER OF THE DIVISION OR FINAL DISPOSITION OF  THE
 UNDERLYING  CASE,  ONLY WHERE THE PERMITTEE, LICENSEE, OR REGISTRANT HAS
 BEEN INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME  WHICH  IS  EQUIV-
 ALENT  TO A CRIME OF THE THIRD, SECOND, OR FIRST DEGREE IN THIS STATE OR
 ONLY WHERE THE PERMITTEE OR LICENSEE IS A PORT WATCHMAN WHO  IS  CHARGED
 BY  THE  DIVISION  PURSUANT TO SECTION TWO HUNDRED THIRTY-FOUR-K OF THIS
 ARTICLE WITH MISAPPROPRIATING ANY OTHER PERSON'S PROPERTY  AT  OR  ON  A
 PIER OR OTHER WATERFRONT TERMINAL.
   B.  IN  THE  CASE OF A PERMITTEE, LICENSEE, OR REGISTRANT WHO HAS BEEN
 INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY  SUSPEN-
 SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
 CRIMINAL  CHARGE.  A  PERSON  WHOSE PERMIT, LICENSE, OR REGISTRATION HAS
 BEEN TEMPORARILY SUSPENDED MAY, AT ANY TIME, DEMAND  THAT  THE  DIVISION
 CONDUCT  A  HEARING AS PROVIDED FOR IN SECTION TWO HUNDRED THIRTY-FOUR-L
 OF THIS ARTICLE. WITHIN SIXTY DAYS OF THE  DEMAND,  THE  DIVISION  SHALL
 COMMENCE  THE HEARING AND, WITHIN THIRTY DAYS OF RECEIPT OF THE ADMINIS-
 TRATIVE LAW JUDGE'S REPORT AND RECOMMENDATION, THE DIVISION SHALL RENDER
 A FINAL  DETERMINATION  THEREON;  PROVIDED,  HOWEVER,  THAT  THESE  TIME
 REQUIREMENTS SHALL NOT APPLY FOR ANY PERIOD OF DELAY CAUSED OR REQUESTED
 BY  THE PERMITTEE, LICENSEE, OR REGISTRANT. UPON FAILURE OF THE DIVISION
 TO COMMENCE A HEARING OR RENDER A DETERMINATION WITHIN THE  TIME  LIMITS
 PRESCRIBED  HEREIN, THE TEMPORARY SUSPENSION OF THE PERMITTEE, LICENSEE,
 OR REGISTRANT SHALL IMMEDIATELY  TERMINATE.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  THIS  SUBDIVISION,  IF  A  FEDERAL,  STATE,  OR LOCAL LAW
 ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST  THE  SUSPENSION

 S. 8917                            24
 
 OR  DEFERMENT  OF  ANY  HEARING  ON  THE  GROUND  THAT THE HEARING WOULD
 OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE DIVISION  MAY
 IN  ITS  DISCRETION, POSTPONE OR DEFER THE HEARING FOR A TIME CERTAIN OR
 INDEFINITELY.  ANY ACTION BY THE DIVISION TO POSTPONE A HEARING SHALL BE
 SUBJECT TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN THIS SUBDIVISION.
   C. THE DIVISION MAY, WITHIN ITS DISCRETION, BAR ANY PERMITTEE,  LICEN-
 SEE,  OR REGISTRANT WHO HAS BEEN SUSPENDED PURSUANT TO THE PROVISIONS OF
 SUBDIVISION A OF THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED  STEVE-
 DORE  OR  A  CARRIER  OF  FREIGHT  BY WATER, IF THAT INDIVIDUAL HAS BEEN
 INDICTED OR OTHERWISE CHARGED IN  ANY  FEDERAL,  STATE,  OR  TERRITORIAL
 PROCEEDING  WITH  ANY  CRIME  INVOLVING  THE  POSSESSION  WITH INTENT TO
 DISTRIBUTE, SALE, OR DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE OR
 CONTROLLED DANGEROUS SUBSTANCE ANALOG, RACKETEERING,  OR  THEFT  FROM  A
 PIER OR WATERFRONT TERMINAL.
   §  234-T.  COOPERATION WITH OTHER ENTITIES. THE DIVISION IS AUTHORIZED
 TO COOPERATE WITH THE COMMISSION, A SIMILAR AUTHORITY, OR  OTHER  PUBLIC
 ENTITY  OF  THE STATE OF NEW YORK, TO EXCHANGE INFORMATION ON ANY MATTER
 PERTINENT TO THE PURPOSES OF THIS ARTICLE AND TO ENTER  INTO  RECIPROCAL
 AGREEMENTS  FOR THE ACCOMPLISHMENT OF THOSE PURPOSES, INCLUDING, BUT NOT
 LIMITED TO, THE FOLLOWING OBJECTIVES:
   A. TO PROVIDE FOR THE RECIPROCAL RECOGNITION OF ANY LICENSE ISSUED  OR
 REGISTRATION MADE BY THE COMMISSION;
   B.  TO GIVE RECIPROCAL EFFECT TO ANY REVOCATION, SUSPENSION, OR REPRI-
 MAND WITH RESPECT TO ANY LICENSEE, AND ANY REPRIMAND OR REMOVAL  FROM  A
 LONGSHOREMEN'S REGISTER;
   C.  TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
 EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST  THE
 LICENSEE  OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
 WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR  DISCIPLINARY
 ACTION IN EITHER STATE; AND
   D.  TO  PROVIDE  THAT  LONGSHOREMEN  REGISTERED  IN  EITHER STATE, WHO
 PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT  INFORMATION  CENTER
 WITHIN THE OTHER STATE SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO HAVE
 APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
   § 234-U. PRESERVATION OF RIGHTS. A. THE PROVISIONS OF THIS ARTICLE ARE
 NOT  DESIGNED  AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS
 GRANTED OR DERIVED FROM ANY OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOY-
 EES TO ORGANIZE IN LABOR ORGANIZATIONS, TO BARGAIN COLLECTIVELY  AND  TO
 ACT  IN  ANY  OTHER  WAY  INDIVIDUALLY,  COLLECTIVELY, AND THROUGH LABOR
 ORGANIZATIONS OR OTHER REPRESENTATIVES OF THEIR  OWN  CHOOSING.  WITHOUT
 LIMITING  THE  GENERALITY  OF  THE  FOREGOING, NOTHING CONTAINED IN THIS
 ARTICLE SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE RIGHT OF EMPLOYEES TO
 STRIKE.
   B. THE PROVISIONS OF THIS ARTICLE ARE NOT DESIGNED AND  SHALL  NOT  BE
 CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS OF LONGSHOREMEN, HIRING AGENTS,
 PIER  SUPERINTENDENTS,  OR  PORT  WATCHMEN OR THEIR EMPLOYERS TO BARGAIN
 COLLECTIVELY AND AGREE UPON  ANY  METHOD  FOR  THE  SELECTION  OF  THOSE
 EMPLOYEES  BY WAY OF SENIORITY, EXPERIENCE, REGULAR GANGS, OR OTHERWISE;
 PROVIDED, THAT THOSE EMPLOYEES SHALL BE LICENSED OR REGISTERED HEREUNDER
 AND LONGSHOREMEN AND PORT WATCHMEN  SHALL  BE  HIRED  ONLY  THROUGH  THE
 EMPLOYMENT  INFORMATION CENTERS ESTABLISHED BY SECTION TWO HUNDRED THIR-
 TY-FOUR-N OF THIS ARTICLE AND THAT ALL OTHER PROVISIONS OF THIS  ARTICLE
 BE OBSERVED.
   § 234-V. LEAVE, TRANSFER AND RETIREMENT. A. ANY OFFICER OR EMPLOYEE IN
 THE  STATE, COUNTY, OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO SHALL
 TRANSFER TO SERVICE WITH THE DIVISION MAY BE GIVEN ONE OR MORE LEAVES OF

 S. 8917                            25
 
 ABSENCE WITHOUT PAY AND MAY, BEFORE  THE  EXPIRATION  OF  THE  LEAVE  OR
 LEAVES  OF  ABSENCE,  AND  WITHOUT FURTHER EXAMINATION OR QUALIFICATION,
 RETURN TO THE PERSON'S FORMER POSITION OR BE CERTIFIED BY THE  APPROPRI-
 ATE  CIVIL SERVICE AGENCY FOR RETRANSFER TO A COMPARABLE POSITION IN THE
 STATE, COUNTY, OR MUNICIPAL CIVIL SERVICE IF A  COMPARABLE  POSITION  IS
 THEN AVAILABLE.
   B.  THE  DIVISION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
 ANY OFFICER OR EMPLOYEE MAY TRANSFER TO SERVICE  WITH  THE  DIVISION  TO
 UNDERTAKE  ANY OF THE DUTIES OR RESPONSIBILITIES ESTABLISHED PURSUANT TO
 THIS ARTICLE MAKE SIMILAR PROVISION FOR THE RETRANSFER OF THE OFFICER OR
 EMPLOYEE TO THAT FEDERAL AGENCY.
   C. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER  LAW,  RULE,  OR  REGU-
 LATION,  ANY  OFFICER  OR  EMPLOYEE  IN  THE STATE, COUNTY, OR MUNICIPAL
 SERVICE IN EITHER STATE WHO SHALL TRANSFER TO SERVICE WITH THE  DIVISION
 AND  WHO IS A MEMBER OF ANY EXISTING STATE, COUNTY, OR MUNICIPAL PENSION
 OR RETIREMENT SYSTEM IN NEW YORK OR NEW JERSEY, SHALL CONTINUE  TO  HAVE
 ALL  RIGHTS,  PRIVILEGES,  OBLIGATIONS,  AND STATUS WITH RESPECT TO THAT
 FUND, SYSTEM, OR SYSTEMS AS IF THE PERSON HAD CONTINUED IN STATE,  COUN-
 TY,  OR MUNICIPAL OFFICE OR EMPLOYMENT, BUT DURING THE PERIOD OF SERVICE
 AS A MEMBER, OFFICER, OR EMPLOYEE OF THE DIVISION, ALL CONTRIBUTIONS  TO
 ANY  PENSION  OR RETIREMENT FUND OR SYSTEM TO BE PAID BY THE EMPLOYER ON
 ACCOUNT OF THE MEMBER, OFFICER, OR EMPLOYEE, SHALL BE PAID BY THE  COMP-
 TROLLER.  THE  DIVISION  MAY,  BY AGREEMENT WITH THE APPROPRIATE FEDERAL
 AGENCY, MAKE SIMILAR PROVISIONS RELATING TO  CONTINUANCE  OF  RETIREMENT
 SYSTEM MEMBERSHIP FOR ANY FEDERAL OFFICER OR EMPLOYEE SO TRANSFERRED.
   §  234-W. BUDGET. A. THE DIVISION SHALL ANNUALLY ADOPT A BUDGET OF ITS
 EXPENSES FOR EACH YEAR FOR THE PURPOSES OF ITS DUTIES  AND  RESPONSIBIL-
 ITIES UNDER THIS ARTICLE. EACH BUDGET SHALL BE SUBMITTED TO THE GOVERNOR
 AND THE BUDGET SHALL BE ADJUSTED ACCORDINGLY.
   B. AFTER TAKING INTO ACCOUNT FUNDS AS MAY BE AVAILABLE TO THE DIVISION
 FROM  RESERVES,  FEDERAL  GRANTS  OR OTHERWISE, THE BALANCE OF THE DIVI-
 SION'S BUDGETED EXPENSES FOR THE PERFORMANCE OF ITS FUNCTIONS AND DUTIES
 UNDER THIS ARTICLE SHALL BE ASSESSED UPON EMPLOYERS  OF  PERSONS  REGIS-
 TERED  OR  LICENSED PURSUANT TO THIS ARTICLE. EACH EMPLOYER SHALL PAY TO
 THE COMPTROLLER, FOR PLACEMENT WITHIN THE GENERAL  FUND,  AN  ASSESSMENT
 COMPUTED  UPON THE GROSS PAYROLL PAYMENTS MADE BY THAT EMPLOYER TO LONG-
 SHOREMEN, PIER SUPERINTENDENTS, HIRING AGENTS,  AND  PORT  WATCHMEN  FOR
 WORK  OR  LABOR  PERFORMED  WITHIN THE PORT OF NEW YORK DISTRICT IN THIS
 STATE, AT A RATE, NOT IN EXCESS OF TWO PERCENT, COMPUTED BY THE DIVISION
 IN THE FOLLOWING MANNER: THE DIVISION SHALL ANNUALLY ESTIMATE THE  GROSS
 PAYROLL PAYMENTS TO BE MADE BY EMPLOYERS SUBJECT TO ASSESSMENT AND SHALL
 COMPUTE  A  RATE THEREON WHICH WILL YIELD REVENUES SUFFICIENT TO FINANCE
 THE DIVISION'S BUDGET FOR THE PERFORMANCE OF THOSE FUNCTIONS AND  DUTIES
 UNDER  THIS  ARTICLE FOR EACH YEAR. THAT BUDGET MAY INCLUDE A REASONABLE
 AMOUNT FOR A RESERVE, BUT THE AMOUNT SHALL NOT EXCEED TEN PERCENT OF THE
 TOTAL OF ALL OTHER ITEMS OF EXPENDITURE CONTAINED THEREIN.  THE  RESERVE
 SHALL  BE  USED FOR THE STABILIZATION OF ANNUAL ASSESSMENTS, THE PAYMENT
 OF OPERATING DEFICITS, AND FOR THE REPAYMENT OF  ADVANCES  MADE  BY  THE
 STATE, IF ANY.
   C. THE AMOUNT REQUIRED TO BALANCE THE DIVISION'S BUDGETED EXPENSES FOR
 THE PERFORMANCE OF ITS FUNCTIONS AND DUTIES UNDER THIS ARTICLE IN EXCESS
 OF  THE ESTIMATED YIELD OF THE MAXIMUM ASSESSMENT, SHALL BE CERTIFIED BY
 THE DIVISION, WITH THE APPROVAL OF THE GOVERNOR, IN  PROPORTION  TO  THE
 GROSS ANNUAL WAGE PAYMENTS MADE TO LONGSHOREMEN FOR WORK WITHIN THE PORT
 OF  NEW  YORK  DISTRICT  IN  THIS  STATE. THE LEGISLATURE SHALL ANNUALLY
 APPROPRIATE TO THE DIVISION THE AMOUNT SO CERTIFIED.

 S. 8917                            26
 
   D. THE DIVISION MAY PROVIDE  BY  REGULATION  FOR  THE  COLLECTION  AND
 AUDITING  OF  ASSESSMENTS. IN ADDITION TO ANY OTHER SANCTION PROVIDED BY
 LAW, THE DIVISION MAY REVOKE OR SUSPEND ANY LICENSE HELD BY  ANY  PERSON
 UNDER THIS ARTICLE OR THE PERSON'S PRIVILEGE OF EMPLOYING PERSONS REGIS-
 TERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESSMENT WHEN DUE.
   E.  THE  ASSESSMENT HEREUNDER SHALL BE IN LIEU OF ANY OTHER CHARGE FOR
 THE ISSUANCE OF LICENSES TO  STEVEDORES,  PIER  SUPERINTENDENTS,  HIRING
 AGENTS, AND PORT WATCHMEN OR FOR THE REGISTRATION OF LONGSHOREMEN OR USE
 OF  AN  EMPLOYMENT  INFORMATION  CENTER.  THE  DIVISION  SHALL ESTABLISH
 REASONABLE PROCEDURES FOR THE  CONSIDERATION  OF  PROTESTS  BY  AFFECTED
 EMPLOYEES  CONCERNING  THE  ESTIMATES  AND  COMPUTATION  OF  THE RATE OF
 ASSESSMENT.
   § 234-X. DISBURSEMENT OF BUDGET. A. (1) EVERY PERSON  SUBJECT  TO  THE
 PAYMENT  OF  ANY  ASSESSMENT UNDER THE PROVISIONS OF SECTION TWO HUNDRED
 THIRTY-FOUR-W OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH  DAY
 OF  THE  FIRST  MONTH  OF  EACH CALENDAR QUARTER-YEAR A SEPARATE RETURN,
 TOGETHER WITH THE PAYMENT OF  THE  ASSESSMENT  DUE,  FOR  THE  PRECEDING
 CALENDAR  QUARTER-YEAR  DURING  WHICH  ANY PAYROLL PAYMENTS WERE MADE TO
 LONGSHOREMEN, PIER SUPERINTENDENTS, HIRING AGENTS, OR PORT WATCHMEN  FOR
 WORK  PERFORMED  BY THOSE EMPLOYEES WITHIN THE PORT OF NEW YORK DISTRICT
 IN THIS STATE. RETURNS COVERING THE AMOUNT OF ASSESSMENT  PAYABLE  SHALL
 BE FILED WITH THE DIVISION ON FORMS TO BE FURNISHED FOR THAT PURPOSE AND
 SHALL  CONTAIN  DATA, INFORMATION, OR MATTER AS THE DIVISION MAY REQUIRE
 TO BE INCLUDED THEREIN. THE DIVISION MAY GRANT A REASONABLE EXTENSION OF
 TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF ASSESSMENT, WHENEVER GOOD
 CAUSE EXISTS. EVERY RETURN SHALL HAVE ANNEXED THERETO A CERTIFICATION TO
 THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.
   (2) EVERY PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER  SHALL
 KEEP  AN  ACCURATE  RECORD  OF THAT PERSON'S EMPLOYMENT OF LONGSHOREMEN,
 PIER SUPERINTENDENTS, HIRING AGENTS, OR PORT WATCHMEN, WHICH SHALL  SHOW
 THE  AMOUNT  OF  COMPENSATION PAID AND OTHER INFORMATION AS THE DIVISION
 MAY REQUIRE. THOSE RECORDS SHALL BE PRESERVED  FOR  A  PERIOD  OF  THREE
 YEARS  AND  BE OPEN FOR INSPECTION AT REASONABLE TIMES. THE DIVISION MAY
 CONSENT TO THE DESTRUCTION OF THE RECORDS AT ANY TIME AFTER THAT  PERIOD
 OR MAY REQUIRE THAT THEY BE KEPT LONGER, BUT NOT IN EXCESS OF SIX YEARS.
   (3)  (A)  THE DIVISION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
 MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS  IS  AVAIL-
 ABLE TO IT. WHENEVER A DEFICIENCY IN PAYMENT OF THE ASSESSMENT IS DETER-
 MINED, THE DIVISION SHALL GIVE NOTICE OF THE DETERMINATION TO THE PERSON
 LIABLE  THEREFOR.  THE  DETERMINATION SHALL FINALLY AND CONCLUSIVELY FIX
 THE AMOUNT DUE,  UNLESS  THE  PERSON  AGAINST  WHOM  THE  ASSESSMENT  IS
 ASSESSED  SHALL,  WITHIN  THIRTY  DAYS AFTER THE GIVING OF NOTICE OF THE
 DETERMINATION, APPLY IN WRITING TO THE DIVISION FOR A HEARING, OR UNLESS
 THE DIVISION ON ITS OWN MOTION SHALL REDUCE THE  ASSESSMENT.  AFTER  THE
 HEARING,  THE  DIVISION  SHALL GIVE NOTICE OF ITS DECISION TO THE PERSON
 LIABLE THEREFOR. A DETERMINATION OF  THE  DIVISION  UNDER  THIS  SECTION
 SHALL  BE  SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR THAT REVIEW IS
 MADE WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE OF THE DECISION.  ANY
 DETERMINATION  UNDER  THIS  SECTION SHALL BE MADE WITHIN FIVE YEARS FROM
 THE TIME THE RETURN WAS FILED AND IF NO RETURN WAS FILED,  THE  DETERMI-
 NATION MAY BE MADE AT ANY TIME.
   (B)  ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE GIVEN
 BY MAILING THE NOTICE TO THE PERSON FOR WHOM IT IS INTENDED AT THE  LAST
 ADDRESS THAT THE PERSON SHALL HAVE GIVEN TO THE DIVISION, OR IN THE LAST
 RETURN  FILED  WITH THE DIVISION UNDER THIS SECTION, OR, IF A RETURN HAS
 NOT BEEN FILED, THEN TO AN ADDRESS AS MAY BE OBTAINABLE. THE MAILING  OF

 S. 8917                            27
 
 THE  NOTICE  SHALL  BE  PRESUMPTIVE EVIDENCE OF THE RECEIPT OF IT BY THE
 PERSON TO WHOM THE NOTICE IS ADDRESSED. ANY PERIOD  OF  TIME,  WHICH  IS
 DETERMINED  FOR THE GIVING OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE
 OF MAILING OF THE NOTICE.
   (4)  WHENEVER  ANY  PERSON  SHALL FAIL TO PAY, WITHIN THE TIME LIMITED
 HEREIN, ANY ASSESSMENT WHICH THE PERSON IS REQUIRED TO PAY TO THE  DIVI-
 SION  UNDER  THE  PROVISIONS  OF  THIS SECTION, THE DIVISION MAY ENFORCE
 PAYMENT OF THE ASSESSMENT BY CIVIL ACTION FOR THE AMOUNT OF THE  ASSESS-
 MENT WITH INTEREST AND PENALTIES.
   (5)  THE  EMPLOYMENT BY A NONRESIDENT OF A LONGSHOREMAN, OR A LICENSED
 PIER SUPERINTENDENT, HIRING AGENT, OR PORT WATCHMAN IN THIS STATE OR THE
 DESIGNATION BY A NONRESIDENT OF  A  LONGSHOREMAN,  PIER  SUPERINTENDENT,
 HIRING  AGENT,  OR  PORT WATCHMAN TO PERFORM WORK IN THIS STATE SHALL BE
 DEEMED EQUIVALENT TO AN APPOINTMENT BY THE NONRESIDENT OF THE  SECRETARY
 OF  STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTORNEY UPON WHOM MAY
 BE SERVED THE PROCESS IN ANY ACTION OR PROCEEDING AGAINST  THE  NONRESI-
 DENT  GROWING OUT OF ANY LIABILITY FOR ASSESSMENTS, PENALTIES, OR INTER-
 EST, AND A CONSENT THAT ANY PROCESS AGAINST  THE  NONRESIDENT  WHICH  IS
 SERVED  SHALL  BE  OF  THE  SAME  LEGAL  FORCE AND VALIDITY AS IF SERVED
 PERSONALLY WITHIN THE STATE AND WITHIN THE TERRITORIAL  JURISDICTION  OF
 THE  COURT  FROM WHICH THE PROCESS ISSUES. SERVICE OF PROCESS WITHIN THE
 STATE SHALL BE MADE BY EITHER:
   (A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY  OF  STATE
 DUPLICATE  COPIES  THEREOF  AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
 WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH  SEND  BY  REGISTERED
 MAIL  ONE  OF THE COPIES TO THE PERSON AT THE LAST ADDRESS DESIGNATED BY
 THE PERSON TO THE DIVISION FOR ANY PURPOSE UNDER THIS SECTION OR IN  THE
 LAST  RETURN FILED BY THE PERSON UNDER THIS SECTION WITH THE DIVISION OR
 AS SHOWN ON THE RECORDS OF THE DIVISION, OR IF NO RETURN HAS BEEN FILED,
 AT THE PERSON'S LAST KNOWN OFFICE  ADDRESS  WITHIN  OR  OUTSIDE  OF  THE
 STATE; OR
   (B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
 COPY  THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY DELIVERING
 A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE. PROOF  OF
 PERSONAL  SERVICE  OUTSIDE OF THE STATE SHALL BE FILED WITH THE CLERK OF
 THE COURT IN WHICH THE PROCESS IS PENDING WITHIN THIRTY DAYS AFTER  THAT
 SERVICE  AND  THE  SERVICE SHALL BE DEEMED COMPLETE TEN DAYS AFTER PROOF
 THEREOF IS FILED.
   (6) WHENEVER THE DIVISION SHALL DETERMINE THAT ANY MONIES RECEIVED  AS
 ASSESSMENTS  WERE  PAID  IN ERROR, IT MAY CAUSE THE SAME TO BE REFUNDED,
 PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE DIVISION  WITHIN  TWO
 YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
   (7) IN ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE DIVISION
 SHALL  HAVE  POWER TO MAKE REASONABLE RULES AND REGULATIONS, PURSUANT TO
 THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT  TO  EFFECTUATE
 THE PURPOSES OF THIS SECTION.
   (8)  ANY  PERSON  WHO  SHALL  WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE
 HEREUNDER SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER  MONTH
 ON THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE AMOUNT
 DUE  FOR  EACH  THIRTY  DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
 UNPAID. THE DIVISION MAY, FOR GOOD CAUSE SHOWN, ABATE  ALL  OR  PART  OF
 THAT PENALTY.
   (9)  ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFOR-
 MATION OR SHALL WILLFULLY FAIL  TO  FURNISH  PERTINENT  INFORMATION,  AS
 REQUIRED,  WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
 OF A DISORDERLY CONDUCT OFFENSE.

 S. 8917                            28
 
   (10) ALL FUNDS OF THE DIVISION RECEIVED AS PAYMENT OF  ANY  ASSESSMENT
 OR  PENALTY  UNDER THIS SECTION SHALL BE DEPOSITED WITH THE COMPTROLLER.
 THE COMPTROLLER MAY REQUIRE THAT ALL DEPOSITS BE SECURED BY  OBLIGATIONS
 OF THE UNITED STATES OR OF THE STATE OF NEW YORK OF A MARKET VALUE EQUAL
 AT  ALL  TIMES  TO  THE  AMOUNT OF THE DEPOSITS, AND ALL BANKS AND TRUST
 COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR THE DEPOSITS.
   (11) THE ACCOUNTS, BOOKS, AND RECORDS OF THE DIVISION RELATED  TO  THE
 PURPOSES  ESTABLISHED  PURSUANT  TO THIS ARTICLE INCLUDING ITS RECEIPTS,
 DISBURSEMENTS, CONTRACTS, LEASES, INVESTMENTS,  AND  ANY  OTHER  MATTERS
 RELATING TO ITS FINANCIAL STANDING SHALL BE EXAMINED AND AUDITED ANNUAL-
 LY  BY INDEPENDENT AUDITORS TO BE RETAINED FOR SUCH PURPOSE BY THE DIVI-
 SION.
   B. THE DIVISION SHALL REIMBURSE THE COMPTROLLER FOR ANY FUNDS ADVANCED
 TO THE DIVISION EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO  SECTION  TWO
 HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
   §  234-Y. UNLAWFUL LOADING AND UNLOADING. IT SHALL BE UNLAWFUL FOR ANY
 PERSON TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES  OTHER
 THAN  RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN THE
 PORT OF NEW YORK DISTRICT, FOR A FEE OR OTHER COMPENSATION,  OTHER  THAN
 THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
   A.  CARRIERS  OF  FREIGHT  BY  WATER, BUT ONLY AT PIERS AT WHICH THEIR
 VESSELS ARE BERTHED;
   B. OTHER CARRIERS OF FREIGHT, INCLUDING BUT NOT LIMITED TO,  RAILROADS
 AND  TRUCKERS,  BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO BE
 TRANSPORTED BY THOSE OTHER CARRIERS;
   C. OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS,  INCLUDING  RAIL-
 ROADS,  TRUCK  TERMINAL  OPERATORS,  WAREHOUSEMEN AND OTHER PERSONS, BUT
 ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
   D. SHIPPERS OR CONSIGNEES OF FREIGHT,  BUT  ONLY  IN  CONNECTION  WITH
 FREIGHT SHIPPED BY THE SHIPPER OR CONSIGNED TO THE CONSIGNEE; AND
   E. STEVEDORES LICENSED UNDER SECTION TWO HUNDRED THIRTY-FOUR-E OF THIS
 ARTICLE  WHETHER  OR  NOT WATERBORNE FREIGHT HAS BEEN OR IS TO BE TRANS-
 PORTED BY A CARRIER OF FREIGHT BY WATER WITH WHICH THE  STEVEDORE  SHALL
 HAVE  A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH FOUR OF SUBDIVISION
 C OF SECTION TWO HUNDRED THIRTY-FOUR-E OF THIS ARTICLE.
   NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PERMIT ANY  LOAD-
 ING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY ANY PERSON BY
 MEANS  OF  ANY  INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT OTHER THAN AN
 EMPLOYEE, UNLESS THE INDEPENDENT CONTRACTOR IS  A  PERSON  PERMITTED  BY
 SECTION  TWO  HUNDRED  THIRTY-FOUR-E  OF  THIS ARTICLE TO LOAD OR UNLOAD
 FREIGHT AT A PLACE IN THE PERSON'S OWN RIGHT.
   § 234-Z. PROHIBITION OF CERTAIN SOLICITATION. A. A  PERSON  SHALL  NOT
 SOLICIT,  COLLECT,  OR  RECEIVE ANY DUES, ASSESSMENTS, LEVIES, FINES, OR
 CONTRIBUTIONS, OR OTHER CHARGES WITHIN THE STATE OF NEW YORK FOR  OR  ON
 BEHALF  OF ANY LABOR ORGANIZATION, WHICH REPRESENTS EMPLOYEES REGISTERED
 OR LICENSED PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN THEIR  CAPACI-
 TIES  AS  REGISTERED  OR LICENSED EMPLOYEES OR WHICH DERIVES ITS CHARTER
 FROM A LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF ITS REGIS-
 TERED OR LICENSED EMPLOYEES, IF ANY OFFICER, AGENT, OR EMPLOYEE  OF  THE
 LABOR  ORGANIZATION  FOR  WHICH  DUES,  ASSESSMENTS,  LEVIES,  FINES, OR
 CONTRIBUTIONS, OR OTHER CHARGES ARE SOLICITED, COLLECTED,  OR  RECEIVED,
 OR  OF A WELFARE FUND OR TRUST ADMINISTERED PARTIALLY OR ENTIRELY BY THE
 LABOR ORGANIZATION OR BY TRUSTEES OR OTHER  PERSONS  DESIGNATED  BY  THE
 LABOR  ORGANIZATION, HAS BEEN CONVICTED BY A COURT OF THE UNITED STATES,
 OR ANY STATE OR TERRITORY THEREOF, OF TREASON, MURDER, MANSLAUGHTER,  OR
 ANY  FELONY,  CRIME  INVOLVING  MORAL TURPITUDE, OR ANY CRIME OR OFFENSE

 S. 8917                            29
 
 ENUMERATED IN SUBDIVISION G OF SECTION TWO HUNDRED THIRTY-FOUR-D OF THIS
 ARTICLE UNLESS THAT PERSON HAS BEEN SUBSEQUENTLY  PARDONED  THEREFOR  BY
 THE  GOVERNOR  OR  OTHER APPROPRIATE AUTHORITY OF THE STATE IN WHICH THE
 CONVICTION  WAS  HAD  OR  HAS  RECEIVED A CERTIFICATE OF GOOD CONDUCT OR
 OTHER RELIEF FROM DISABILITIES ARISING FROM THE FACT OF CONVICTION  FROM
 A PAROLE BOARD OR SIMILAR AUTHORITY.
   B.  ANY  PERSON  WHO  SHALL  VIOLATE THIS SECTION SHALL BE GUILTY OF A
 DISORDERLY CONDUCT VIOLATION.
   C. ANY PERSON WHO SHALL  VIOLATE,  AID  AND  ABET  THE  VIOLATION,  OR
 CONSPIRE  OR ATTEMPT TO VIOLATE THIS SECTION SHALL BE GUILTY OF A DISOR-
 DERLY CONDUCT VIOLATION.
   D. IF UPON APPLICATION TO THE DIVISION BY AN  EMPLOYEE  WHO  HAS  BEEN
 CONVICTED  OF  A  CRIME  OR  OFFENSE  SPECIFIED IN SUBDIVISION A OF THIS
 SECTION, THE AUTHORITY, IN ITS DISCRETION, DETERMINES IN AN  ORDER  THAT
 IT  WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ARTICLE
 FOR THAT EMPLOYEE TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR  ORGAN-
 IZATION,  WELFARE FUND, OR TRUST, THE PROVISIONS OF SUBDIVISIONS A AND B
 OF THIS SECTION SHALL NOT APPLY TO  THE  PARTICULAR  EMPLOYMENT  OF  THE
 EMPLOYEE WITH RESPECT TO THAT CONVICTION OR CONVICTIONS AS ARE SPECIFIED
 IN  THE  DIVISION'S  ORDER. THIS SUBDIVISION IS APPLICABLE ONLY TO THOSE
 EMPLOYEES, WHO FOR WAGES OR SALARY, PERFORM MANUAL, MECHANICAL, OR PHYS-
 ICAL WORK OF A ROUTINE OR CLERICAL NATURE AT THE PREMISES OF  THE  LABOR
 ORGANIZATION, WELFARE FUND, OR TRUST BY WHICH THEY ARE EMPLOYED.
   E.  A PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
 SUBDIVISION A OF THIS SECTION SHALL NOT DIRECTLY OR INDIRECTLY SERVE  AS
 AN OFFICER, AGENT, OR EMPLOYEE OF A LABOR ORGANIZATION, WELFARE FUND, OR
 TRUST,  UNLESS  THE PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR THAT CRIME
 OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF  THE  STATE
 IN  WHICH  THE  CONVICTION WAS HAD OR HAS RECEIVED A CERTIFICATE OF GOOD
 CONDUCT OR OTHER RELIEF FROM  DISABILITIES  ARISING  FROM  THE  FACT  OF
 CONVICTION  FROM  A PAROLE BOARD OR SIMILAR AUTHORITY OR HAS RECEIVED AN
 ORDER OF EXCEPTION FROM THE DIVISION. A PERSON, INCLUDING A LABOR ORGAN-
 IZATION, WELFARE FUND, OR TRUST, SHALL NOT KNOWINGLY  PERMIT  ANY  OTHER
 PERSON  TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR EMPLOYMENT IN VIOLATION
 OF THIS SECTION.
   F. THE DIVISION MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON,  LABOR
 ORGANIZATION,  WELFARE  FUND,  OR  TRUST,  OR OFFICERS THEREOF TO COMPEL
 COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS,  THE  AIDING
 AND  ABETTING  THEREOF,  OR  ANY  ATTEMPT  OR CONSPIRACY TO VIOLATE THIS
 SECTION, EITHER BY MANDAMUS, INJUNCTION, OR ACTION OR PROCEEDING IN LIEU
 OF PREROGATIVE WRIT AND UPON A PROPER SHOWING  A  TEMPORARY  RESTRAINING
 ORDER OR OTHER APPROPRIATE TEMPORARY ORDER SHALL BE GRANTED EX PARTE AND
 WITHOUT  BOND  PENDING  FINAL HEARING AND DETERMINATION. NOTHING IN THIS
 SUBDIVISION SHALL BE CONSTRUED TO MODIFY, LIMIT, OR RESTRICT IN ANY  WAY
 THE PROVISIONS OF SUBDIVISION A OF THIS SECTION.
   §  234-AA.  OBSTRUCTION  OF  INVESTIGATION  AND  CIVIL ACTIONS. A. ANY
 PERSON WHO, HAVING BEEN DULY SWORN OR  AFFIRMED  AS  A  WITNESS  IN  ANY
 INVESTIGATION,  INTERVIEW,  HEARING OR OTHER PROCEEDING CONDUCTED BY THE
 DIVISION PURSUANT TO SECTION TWO HUNDRED THIRTY-FOUR-M OF  THIS  ARTICLE
 SHALL  WILLFULLY  GIVE  FALSE  TESTIMONY SHALL BE GUILTY OF A DISORDERLY
 CONDUCT OFFENSE.
   B. THE DIVISION MAY MAINTAIN A CIVIL ACTION ON  BEHALF  OF  THE  STATE
 AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
 ARTICLE  OR  WHO  FAILS,  OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
 WITH ANY ORDER OR DIRECTION OF THE DIVISION, TO RECOVER A JUDGMENT FOR A
 MONEY PENALTY NOT EXCEEDING FIVE HUNDRED  DOLLARS  FOR  EACH  AND  EVERY

 S. 8917                            30

 OFFENSE.  EVERY  VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY DIVI-
 SION ORDER OR DIRECTION, SHALL BE A SEPARATE AND DISTINCT OFFENSE,  AND,
 IN  CASE OF A CONTINUING VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND
 BE DEEMED TO BE A SEPARATE AND DISTINCT OFFENSE. ANY CIVIL ACTION MAY BE
 COMPROMISED  OR  DISCONTINUED  ON  APPLICATION  OF THE DIVISION UPON THE
 TERMS AS THE COURT MAY APPROVE AND A JUDGMENT MAY  BE  RENDERED  FOR  AN
 AMOUNT  LESS  THAN  THE  AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY
 REQUIRE.
   C. THE DIVISION MAY MAINTAIN A CIVIL  ACTION  AGAINST  ANY  PERSON  TO
 COMPEL  COMPLIANCE  WITH  ANY  OF  THE  PROVISIONS OF THIS ARTICLE OR TO
 PREVENT VIOLATIONS, ATTEMPTS, OR CONSPIRACIES TO VIOLATE ANY  PROVISIONS
 OF  THIS ARTICLE OR INTERFERENCE, ATTEMPTS, OR CONSPIRACIES TO INTERFERE
 WITH OR IMPEDE THE ENFORCEMENT OF ANY PROVISIONS OF THIS ARTICLE OR  THE
 EXERCISE  OR  PERFORMANCE  OF  ANY  POWER  OR DUTY THEREUNDER, EITHER BY
 MANDAMUS, INJUNCTION, OR ACTION OR PROCEEDING  IN  LIEU  OF  PREROGATIVE
 WRIT.
   D.  ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
 FOR WHICH NO OTHER PENALTY IS PRESCRIBED, SHALL BE GUILTY OF A DISORDER-
 LY CONDUCT OFFENSE.
   E. ANY PERSON WHO SHALL, WITHOUT A  SATISFACTORY  EXPLANATION,  LOITER
 UPON  ANY  VESSEL,  DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE, OR
 OTHER WATERFRONT FACILITY OR WITHIN FIVE HUNDRED FEET  THEREOF  IN  THAT
 PORTION  OF THE PORT OF NEW YORK DISTRICT IN THIS STATE, SHALL BE GUILTY
 OF A DISORDERLY CONDUCT OFFENSE.
   F. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN LAW, DIRECTLY OR
 INDIRECTLY, INTIMIDATES OR INFLICTS ANY INJURY, DAMAGE, HARM,  LOSS,  OR
 ECONOMIC  REPRISAL  UPON  ANY PERSON LICENSED OR REGISTERED BY THE DIVI-
 SION, OR ANY OTHER PERSON, OR ATTEMPTS, CONSPIRES, OR  THREATENS  SO  TO
 DO,  IN  ORDER  TO  INTERFERE WITH, IMPEDE, OR INFLUENCE THE LICENSED OR
 REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE  OF  THE  LICENSED  OR
 REGISTERED  PERSON'S  DUTIES  OR  OBLIGATIONS  SHALL  BE  PUNISHABLE  AS
 PROVIDED IN THIS SECTION.
   § 234-BB. FAILURE TO GIVE TESTIMONY, FALSE TESTIMONY. A.  THE  FAILURE
 OF  ANY  WITNESS,  WHEN  DULY  SUBPOENAED  TO ATTEND, GIVE TESTIMONY, OR
 PRODUCE OTHER EVIDENCE IN CONNECTION WITH ANY MATTER ARISING  UNDER  THE
 PROVISIONS OF THIS ARTICLE WHETHER OR NOT AT A HEARING, SHALL BE PUNISH-
 ABLE  BY A COURT IN THE SAME MANNER AS THAT FAILURE IS PUNISHABLE BY THE
 COURT IN A CASE THEREIN PENDING.
   B. ANY PERSON WHO, HAVING BEEN SWORN OR AFFIRMED AS A WITNESS  IN  ANY
 HEARING  PURSUANT TO SUBDIVISION A OF THIS SECTION, SHALL WILLFULLY GIVE
 FALSE TESTIMONY OR WHO SHALL WILLFULLY MAKE OR FILE ANY FALSE OR FRAUDU-
 LENT REPORT OR STATEMENT REQUIRED BY THIS ARTICLE TO BE  MADE  OR  FILED
 UNDER OATH, SHALL BE GUILTY OF A DISORDERLY CONDUCT OFFENSE.
   C.  ANY  PERSON  WHO  VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
 OTHER PROVISION OF THIS ARTICLE  SHALL  BE  PUNISHABLE  AS  PROVIDED  BY
 SECTION TWO HUNDRED THIRTY-FOUR-Z OF THIS ARTICLE.
   D.  ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY REGISTRATION
 OF LONGSHOREMEN PURSUANT TO THIS ARTICLE OR WHO CONSPIRES TO OR ATTEMPTS
 TO INTERFERE WITH OR IMPEDE SUCH REGISTRATION  SHALL  BE  PUNISHABLE  AS
 PROVIDED BY SECTION TWO HUNDRED THIRTY-FOUR-Z OF THIS ARTICLE.
   E.  ANY  PERSON  WHO, DIRECTLY OR INDIRECTLY, INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM, OR LOSS OR IN ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  UPON  OR  AGAINST  ANY PERSON IN ORDER TO INDUCE OR
 COMPEL SUCH PERSON OR ANY  OTHER  PERSON  TO  REFRAIN  FROM  REGISTERING
 PURSUANT  TO  SECTION TWO HUNDRED THIRTY-FOUR-F OF THIS ARTICLE SHALL BE

 S. 8917                            31
 
 PUNISHABLE AS MAY BE PROVIDED BY SECTION TWO  HUNDRED  THIRTY-FOUR-Z  OF
 THIS ARTICLE.
   F.  IN  ANY  PROSECUTION UNDER THIS SECTION, IT SHALL BE SUFFICIENT TO
 PROVE ONLY A SINGLE ACT, OR A SINGLE HOLDING OUT OR ATTEMPT,  PROHIBITED
 BY LAW, WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO
 PROVE A VIOLATION.
   §  234-CC.  DISSOLUTION  OF  COMMISSION.  AS OF THE TRANSFER DATE, THE
 WATERFRONT COMMISSION 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, THE AIRPORT COMMISSION COMPACT, ENTERED INTO BY THE  STATE
 OF  NEW  YORK PURSUANT TO ITS AGREEMENT THERETO UNDER CHAPTER 951 OF THE
 LAWS OF 1970 AND CHAPTER 58 OF THE LAWS OF NEW JERSEY OF 1970,  AND  THE
 COMMISSION, ARE DISSOLVED.
   §  2.  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, this act shall take effect immediately; provided  that  the
 governor  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 effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.

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Senate Bill S8917

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

Diane J. Savino

2017-S8917 (ACTIVE) - Details

2017-S8917 (ACTIVE) - Summary

2017-S8917 (ACTIVE) - Sponsor Memo

2017-S8917 (ACTIVE) - Bill Text download pdf

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