Revises statutory definition of certain waterfront workers.

A1172

ASSEMBLY, No. 1172

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

SYNOPSIS

���� Revises statutory definition of certain waterfront
workers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning waterfront workers and amending P.L.2017,
c.324.�

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.2017,
c.324 (C.53:2-8) is amended to read as follows:

���� 3.��� As used in P.L.2017,
c.324 (C.32:23-229 et al.):

���� "Career offender"
means a person whose behavior is pursued in an occupational manner or context
for the purpose of economic gain, utilizing methods that are deemed criminal
violations against the laws of this State.

���� "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.

���� "Carrier" means a
carrier as that term is defined in 49 U.S.C. s.13102.

���� "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 Jersey, and a
point outside that district.

���� "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.

���� "Commission" means
the waterfront commission of New York harbor established by the State of New
Jersey pursuant to P.L.1953, c.202 (C.32:23-1 et seq.) and by the State of New
York pursuant to its agreement thereto under P.L.1953, c.882 (NY Unconsol.
Ch.307, s.1).

���� "Common carrier"
means a common carrier as that term is defined in 46 U.S.C. s.40102.

���� "Compact" means the
compact entered into by the State of New Jersey pursuant to its agreement
thereto under P.L.1953, c.202 (C.32:23-1 et seq.) and by the State of New York
pursuant to its agreement thereto under P.L.1953, c.882 (NY Unconsol. Ch.307,
s.1), as amended and supplemented.

���� "Consignee" means
the person designated on a bill of lading as the recipient of waterborne
freight consigned for carriage by water.

���� "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.

���� "Contract carrier"
means a contract carrier as that term is defined in 49 U.S.C. s.13102.

����
�Director� means, in the
context of licensure as a stevedore, a natural person elected or appointed to
the board of directors that oversees or manages a stevedoring enterprise.�

���� "Division" means the
Division of State Police in the Department of Law and Public Safety.

���� "Freight" means
freight which has been or will be, carried by, or consigned for carriage by a
carrier of freight by water.

���� "Hiring agent" means
any natural person who, on behalf of a carrier of freight by water
[
or
]

,
a
stevedore,
[
shall
]

or other
employer of longshoremen, is authorized under law to designate or
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
]
.

���� "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.

���� "Labor organization"
means and includes any organization which exists and is constituted for the
purpose in whole or in part of collective bargaining, or of dealing with
employers concerning grievances, terms and conditions of employment, or other
mutual aid or protection, but "labor organization" shall not include
a federation or congress of labor organizations organized on a national or
international basis even though one of its constituent labor organizations may
represent persons so registered or licensed.

���� "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: a. physically move waterborne freight on vessels berthed at
piers, on piers or at other waterfront terminals; b. 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; c. supervise directly and immediately others who are
employed as a longshoreman; d. 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; e. physically move waterborne
freight to or from a barge, lighter, or railroad car for transfer to or from a
vessel of a carrier of freight by water which is, shall be, or shall have been
berthed at the same pier or other waterfront terminal; or f. perform labor or
services involving, or incidental to, the movement of freight at a pier or
other waterfront terminal.

���� "Longshoremen's
register" means the register of eligible longshoremen compiled and
maintained by the division pursuant to section 8 of P.L.2017, c.324
(C.53:2-13).

���� "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.

�Officer� means, in the context
of licensure as a stevedore, an officer or managing executive of a stevedore or
a corporate stevedore who controls or participates in the operating management
of a stevedoring enterprise.

���� "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.

����
�Owner� means, in the
context of licensure as a stevedore, a person, including but not limited to a
partnership, joint venture, association, corporation, limited liability
company, or any other legal entity, that beneficially owns or holds an
ownership interest in a stevedoring enterprise.

����
�Partner� means an owner of
an interest in a partnership, in whatever manner that owner and ownership
interest are designated.

���� "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.

���� "Pier" means any
wharf, pier, dock, or quay in regular use for the movement of waterborne
freight between vessel and shore.

���� "Pier
superintendent" means any natural person other than a longshoreman who is
employed for work at a pier or other waterfront terminal 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.

���� "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.

���� "Port watchman"
means any watchman, gateman, roundsman, detective, guard, guardian, or
protector of property employed by the operator of any pier or other waterfront
terminal or by a carrier of freight by water to perform services in that capacity
on any pier or other waterfront terminal.

���� "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.

���� "Stevedore"
or in
the case of a corporate entity other than a natural person �corporate
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"
]

These
terms
shall also include:�

���� a.���� a contractor engaged
for compensation pursuant to a contract or arrangement with the United States,
any state or territory thereof, or any department, division, board, commission,
or authority of one or more of the foregoing, in moving freight carried or
consigned for carriage between any point in the port of New York district and a
point outside that district on vessels of the public agency berthed at piers,
on piers at which their vessels are berthed or at other waterfront terminals;�

���� b.��� a contractor, engaged
for compensation pursuant to a contract or arrangement with any person to
perform labor or services incidental to the movement of waterborne freight on
vessels berthed at piers, on piers or at other waterfront terminals; or

���� c.���� a contractor engaged
for compensation pursuant to a contract or arrangement with any other person to
perform labor or services involving, or incidental to, the movement of freight
into or out of containers, which have been or which will be carried by a carrier
of freight by water, on vessels berthed at piers, on piers or at other
waterfront terminals.

���� "State Treasurer"
means the Treasurer of the State of New Jersey.

����
�Telecommunications system
controller� means a natural person employed by the New York Shipping
Association, Inc. and the International Longshoremen�s Association, or by a
joint board of those two entities, who participates in the operation of the
Shipping Association of New York and New Jersey�s Enterprise Management System
(EMS).

���� "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.

���� "Transfer date"
means the 90th day following the notification by the Governor pursuant to
section 2 of P.L.2017, c.324 (C.32:23-230).

���� "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:

���� a.���� the freight is not
further transported by water; and

���� b.��� 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.

���� "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
P.L.2017, c.324 (C.32:23-229 et al.).

(cf: P.L.2017, c.324, s.3)

���� 2.��� Section 5 of P.L.2017,
c.324 (C.53:2-10) is amended to read as follows:

���� 5.��� In addition to the
powers and duties elsewhere prescribed in law, 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 16 of P.L.2017, c.324 (C.53:2-21) and for administrative
offices for the division;

���� b.��� To administer and
enforce the provisions of P.L.2017, c.324 (C.32:23-229 et al.);

���� c.���� Consistent with the
provisions of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), to adopt and enforce rules and regulations as the
division may deem necessary to effectuate the purposes of P.L.2017, c.324
(C.32:23-229 et al.) 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 P.L.2017, c.324 (C.32:23-229 et al.), to
administer oaths and issue subpoenas to compel the attendance 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 P.L.2017,
c.324 (C.32:23-229 et al.); 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 provisions of P.L.2017, c.324
(C.32:23-229 et al.) or in the performance of any other power or duty under
P.L.2017, c.324 (C.32:23-229 et al.);

���� f.���� To recover possession
of any suspended or revoked license issued pursuant to sections 6, 7, and 13 of
P.L.2017, c.324 (C.53:2-11, C.53:2-12, and C.53:2-18) within the port of New
York district in this State;

���� g.��� To make investigations
and collect and compile information concerning 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 P.L.2017, c.324
(C.32:23-229 et al.);

���� 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 P.L.2017, c.324
(C.32:23-229 et al.), 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 P.L.2017, c.324 (C.32:23-229 et al.),
maintenance of the longshoremen's register, and issuance and revocation of
licenses;

���� i.���� To make annual and
other reports to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature 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 P.L.2017,
c.324 (C.32:23-229 et al.).� The annual reports shall state the division's
findings and determinations as to whether the public necessity still exists
for: (1) the continued registration 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 16 of P.L.2017, c.324 (C.53:2-21);

���� j.���� To co-operate 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
division's functions and powers, as the public interest may require;
[
and
]

���� k.��� To exercise the powers
and duties of the division as provided in P.L.2017, c.324 (C.32:23-229 et al.)
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 registration 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 $5,000 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
Jersey;

���� p.��� To confer immunity, in
the following manner prescribed by section 20 of P.L.2017, c.324 (C.53:2-25);

���� 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 applicant for registration or
licensing within the division's jurisdiction
]

to be fingerprinted by the division at the cost and expense of the applicant 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 P.L.2017, c.324 (C.32:23-229 et al.) 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.

(cf: P.L.2017, c.324, s.5)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill revises the
statutory definition of certain waterfront workers consistent with the
requirements of federal P.L.92-544.�

���� Under federal P.L.92-544, the
Federal Bureau of Investigation (FBI) is authorized to exchange criminal
history record information with officials of State and local governments only
if authorized by state statute and approved by the Attorney General of the
United States.� The FBI, with the assistance of the United States Department of
Justice, has determined that federal P.L.92-544 requires that state statutes
meet certain criteria, which include, among other things, that the statute
specifically identify the category of persons required to be fingerprinted for
purposes of obtaining criminal history record information.�

���� Accordingly, to retain access
to the FBI Criminal Justice Information Service, the bill revises certain
statutory definitions to more specifically identify the category of persons
required to be fingerprinted.�