Bill Text: CA AB600 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverages: tied-house restrictions: advertising.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-07-18 - Chaptered by Secretary of State - Chapter 139, Statutes of 2014. [AB600 Detail]

Download: California-2013-AB600-Amended.html

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BILL NUMBER: AB 600	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 20, 2013

   An act to amend Section 22928 of the Business and Professions
Code, relating to business.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 600, as amended, Bonta. Intermodal marine terminals.
   Existing law prohibits an intermodal marine equipment provider or
marine terminal operator from imposing per diem, detention, or
demurrage charges, as defined, on an intermodal motor carrier
relative to transactions involving cargo shipped by intermodal
transport under certain circumstances. Existing law also prohibits an
intermodal marine equipment provider from terminating, suspending,
or restricting equipment interchange rights of a motor carrier for
specified reasons and from charging back, deducting, or offsetting
per diem or certain other charges from the motor carrier's freight
bill.
   This bill would  modify the term "intermodal marine
equipment provider" to become "intermodal equipment provider" and
would define this new term   recast these provisions to
prohibit a party signatory to an interchange agreement involving
intermodal marine equipment from unilaterally terminating,
suspending, or restricting the equipment interchange rights of any
other signatory to the same interchange agreement  . This bill
would  also  modify the circumstances under which an
intermodal  marine  equipment provider or an intermodal
marine terminal operator is prohibited from imposing per diem,
detention,  or  demurrage charges  ,  
or citations for parking violations  .  This bill would
prohibit an intermodal equipment provider from requiring a motor
carrier to return intermodal equipment to a location other than the
physical location at which the equipment was received, as specified.
 
   This bill would specify that an "intermodal marine terminal" does
not include a railroad, warehouse, or any other domestic terminal
facility that may handle intermodal marine equipment, but where cargo
shipped by intermodal marine transport is not transferred to or from
ocean-going vessels. The bill would declare that certain of its
provisions are not a change in, but are declaratory of, existing law.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22928 of the Business and Professions Code is
amended to read:
   22928.  (a) The Legislature finds and declares  that
unilateral termination, suspension, or restriction of  
all of the following: 
    (1)     That no party who is a signatory to
an interchange agreement involving intermodal marine equipment shall
unilaterally terminate, suspend, or restrict the  equipment
interchange rights of  an intermodal motor carrier shall not
result from intermodal terminal actions   any other
party signatory to the same interchange agreement,  as specified
in  subdivision (b)   this section  . 

   (2) Nothing in this section shall restrict any parties from
entering into contracts with enforceable contractual and commercial
terms to provide drayage services if the contract is consistent with
Part 2 (commencing with Section 1549) of Division 3 of Civil Code.
 
   (3) If the parties to a contract to provide drayage services are
mutual signatories to an interchange agreement, then the terms of
that agreement are binding except to the extent that they otherwise
conflict with this section, other provisions of law, or otherwise by
agreement of the contracting parties. 
   (b) An intermodal  marine  equipment provider or
intermodal marine terminal operator shall not impose per 
diem, detention, or demurrage   diem or detention 
charges on an intermodal motor carrier  relative 
 relating  to transactions involving cargo shipped by
intermodal  marine  transport under any of the following
circumstances:
   (1) When the intermodal marine  or  terminal
truck gate is closed during posted normal working  hours. No
per diem, detention, or demurrage charges shall be imposed 
 hours, including any gate closures that occur  on a weekend
or holiday,  or  during a labor disruption period,
or during any other period involving an act of  God 
 God,  or any other planned or unplanned action that closes
the truck gate.
   (2) When the intermodal marine terminal  or intermodal marine
equipment provider  decides to divert the return of equipment
from the point at which it was interchanged without 48 hours'
electronic or written notification to the  intermodal  motor
carrier having possession of the equipment.
   (3) When the intermodal marine terminal is assessed a fine
pursuant to Section 40720 of the Health and Safety Code.
   (4) When the intermodal equipment is not compliant  as
required in   with  Section 34505.9 of the Vehicle
Code or  the equipment warrants being   is 
placed out of service. 
   (5) When a loaded container or the chassis on which it is mounted
is not available for pickup when the motor carrier arrives at the
intermodal marine terminal.  
   (6) 
    (5)  When the intermodal marine terminal is too
congested to safely or reasonably accept the  container
  intermodal marine equipment  and the intermodal
marine terminal turns away the  intermodal  motor carrier.
   (c) An intermodal  marine  equipment provider shall not
take any of the following actions:
   (1) Charge back, deduct, or offset per diem  or detention
 charges, maintenance and repair charges, or peak hour pricing
from  a   an intermodal  motor carrier's
freight bill.
   (2) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of  a   an intermodal 
motor carrier  or driver  that  uses
  utilizes  the dispute resolution process
contained in the Uniform Intermodal Interchange and Facilities Access
Agreement to contest a charge, fee, or fine, including a charge for
maintenance and repairs imposed by the intermodal marine terminal,
while the dispute resolution process is ongoing or after a challenge
 by a motor carrier is resolved in the motor carrier's favor
  is resolved, solely on the basis that the dispute
resolution process was utilized by the intermodal motor carrier 
.
   (3) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of  a   an intermodal 
motor carrier for late payment of an undisputed invoice from the
intermodal marine terminal, provided that the payment is no more than
60 days late. 
   (4) Unilaterally terminate, suspend, or restrict the equipment
interchange rights of a motor carrier or driver for parking
ticketsissued 
    (d)    Except as otherwise included in a
terminal tariff agreement filed with the federal Maritime Commission,
an intermodal marine terminal shall not take any of the following
actions: 
    (1)     Require an intermodal motor carrier
to pay for any parking violation or to pay for any parking citation
issued  by the marine terminal unless the  tickets
remain   citation remains  unpaid more than 60 days
after  being   the intermodal motor carrier is
 in actual physical receipt of the  driver or motor
carrier   citation. For the purposes of this
subdivision, delivery by certified mail or other recorded delivery
service shall constitute evidence that the intermodal motor carrier
is in actual physical custody of a parking violation citation  .
 No parking tickets shall be issued by the marine terminal
to a driver or 
    (2)     Issue a parking citation to an
intermodal  motor carrier for a parking violation if the
assigned  spot   parking space at issue 
was occupied and the trouble window or terminal administration was
unable to immediately provide a place to park, or if the driver was
instructed to park the equipment in a different spot by marine
terminal personnel or security. 
   (3) Issue a parking violation citation more than five business
days after the date that the violation occurred.  
   (5) Willfully attempt to circumvent any provisions of this section
or to fail, for any reason other than 
    (e)     (1)     Other
than  what is specified in  an agreement or  the
governing port tariff, to   a party shall not
 collect  cargo  demurrage  when  
unless   it is  due and payable  and when
consistent   in a manner that is consistent  with
this section.  An 
    (2)     An  intermodal motor carrier
shall not be liable for any portion of  cargo  demurrage
 when an intermodal container is not picked up during free
time, which is the time period before demurrage charges are to be
applied   that is   solely for the account of
the beneficial owner or the owner's agent  . 
   (3) Except as otherwise agreed to in writing, an intermodal motor
carrier shall not be required by a cargo owner, or an owner's agent,
to pick up a loaded container that has any outstanding cargo charges,
including, but not limited to, demurrage charges.  
   (4) Commencing January 1, 2015, an intermodal marine terminal
shall require that any outstanding cargo charges, including, but not
limited to, all cargo demurrage charges, imposed relative to
transactions involving intermodal marine cargo be paid electronically
by the responsible party, or that party's agent, before a container
is released.  
   (5) If a loaded container is not made available for pickup when an
intermodal motor carrier arrives at the intermodal marine terminal,
and all current charges have been paid as set forth in paragraph (4),
the intermodal marine terminal operator shall not impose any further
cargo demurrage charges on the intermodal motor carrier. 

   (6) Require a motor carrier to return intermodal equipment to a
location other than the physical location at which the equipment was
received, unless the intermodal equipment provider directs,
reasonably in advance of the commencement of the chargable demurrage,
the equipment to be returned to a satellite location as governed by
a written bilateral agreement between the intermodal equipment
provider and the motor carrier. An intermodal equipment provider
shall not unilaterally require a motor carrier to return intermodal
equipment to a satellite location by notifying a motor carrier
through a posting on an Internet Web site, electronic mail, shipping
order, or any method of communication not specified in the written
bilateral agreement between the intermodal equipment provider and the
motor carrier.  
   (d) 
    (f)  As used in this chapter:
   (1) "Per diem,"  or  "detention,"  or "demurrage"
 means a charge imposed by an equipment provider or marine
terminal operator for late return or pickup of an empty or a loaded
intermodal container and chassis.
   (2) "Closed" means not open or available to receive equipment. The
 intermodal  marine terminal shall have posted working
hours, and "closed" shall mean that the terminal is not open to
release or accept  intermodal marine  equipment during those
posted working hours.
   (3) "Divert equipment" means the motor carrier has been directed
to return the equipment to a location different from the location
where the equipment was picked up by the motor carrier. 
   (4) "Shall not impose per diem, detention, or demurrage charges on
an intermodal carrier" shall apply to the day or days in question
that an occurrence referenced in subdivision (b) took place.
 
   (4) "Intermodal marine equipment" means equipment commonly used in
the road transport of intermodal cargo by an intermodal motor
carrier to or from an intermodal marine terminal, including trailers,
chassis, containers, and associated devices, but excluding tractors.

   (5)  "Intermodal marine terminal" means a  marine
 terminal location or facility that engages in discharging
or receiving  intermodal marine  equipment owned, operated,
or controlled by an  intermodal marine  equipment provider.
 This definition does not apply to any railroad, warehouse, or
any other domestic terminal facility that may handle intermodal
marine equipment, but where cargo shipped by intermodal marine
transport is not transferred to or from ocean-going vessels. 
   (6) "Written or electronic notification" means any communication
by postal letter, facsimile, electronic mail, or other electronic
notification.
   (7) "Intermodal  marine  equipment provider" means
 any   the  party  authorizing
delivery or receipt of physical possession of equipment with a motor
carrier commonly used in the road transport of intermodal freight,
including, but not limited to, trailers, chassis, containers, and
associated devices, but excluding, tractors. This definition applies
to all intermodal equipment providers, regardless of whether the
party participates in   providing intermodal marine
equipment to an intermodal motor carrier at an intermodal marine
terminal pursuant to  the Uniform Intermodal Interchange and
Facilities Access Agreement  or any other interchange agreement
 . 
   (8) "Cargo demurrage" means a charge including, but not limited
to, any "wharf demurrage" applied against cargo that results from the
storage of the cargo on an intermodal terminal beyond the end of the
allowable free time as established by tariff or agreement. 
   SEC. 2   .    The amendment of subdivision
(b) of Section 22928 of the Business and Professions Code made by
Section 1 of this act does not constitute a change in, but is
declaratory of, existing law relative to the prohibition on the
imposition of per diem and retention charges by intermodal marine
equipment providers in the instances identified therein.