Bill Text: NJ A3685 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires PANYNJ to impose cargo facility charge on certain cargo.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-01-14 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A3685 Detail]
Download: New_Jersey-2012-A3685-Introduced.html
Sponsored by:
Assemblyman ALBERT COUTINHO
District 29 (Essex)
SYNOPSIS
Requires PANYNJ to impose cargo facility charge on certain cargo.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the collection of certain cargo facility charges by the Port Authority of New York and New Jersey and supplementing Title 32 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods.
"Cargo facility charge" means a fee applicable to all cargo and cargo containers discharged from, or loaded onto, vessels at any marine facility owned or operated by the port authority.
"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 an ocean common carrier.
"Marine terminal operator" mean any person, corporation, partnership, or any business organization which shall operate and maintain any of the marine terminals established, acquired, constructed, rehabilitated, or improved by the port authority by means of and through leasing agreements entered into by the person, corporation, partnership, or any business organization with the port authority.
"Ocean common carrier" means an ocean common carrier as that term is defined in 46 U.S.C. s.40102.
"Tariff" means a marine terminal operator schedule as that term is defined in 46 C.F.R. 525.2.
"Third party collection agency" means a company, agency, or law firm engaged in collecting debts and with which the port authority contracts to assist in the collection of cargo facility charges.
"User" means:
a. any person, company, or other entity that is named as the shipper or consignee on the ocean common carrier bill of lading issued for export or import cargo, or any person owning or entitled to the possession, or having a past or future interest in, the export or import cargo;
b. in the case of negotiable bills of lading, any other person, company, or entity that is a bona fide holder of the bill of lading or who is entitled to receive delivery of export cargo or import cargo; or
c. any other bailor of export or import cargo.
2. Notwithstanding any law, rule, regulation, or existing tariff to the contrary, the port authority shall:
a. require all users to pay a cargo facility charge on all import and export cargo before a container leaves any marine facility owned or operated by the port authority;
b. enter into an agreement with a marine terminal operator, to be filed with the Federal Maritime Commission, that provides that the marine terminal operator shall provide the port authority with information concerning a user's cargo for the purpose of collecting a cargo facility charge;
c. contract with a third party collection agency to collect cargo facility charges from users; and
d. dedicate all revenue collected from all cargo facility charges to fund maritime infrastructure improvement projects within the port district, as described in R.S.32:1-3.
3. The port authority shall not require an ocean common carrier or a marine terminal operator to pay a cargo facility charge.
4. a. The port authority may refuse service to a user's cargo and impose liens on the cargo of users delinquent in payment of a cargo facility charge.
b. (1) All users shall waive their right to any damages resulting from the enforcement of any lien or a refusal to provide service related to the imposition of the cargo facility charge, except that if it is determined that the port authority incorrectly enforced a lien or refused service, the user's cargo facility charge may be waived.
(2) A marine terminal operator or an ocean common carrier shall be immune from any claim for damages resulting from the enforcement of a lien or a refusal to provide service by the port authority related to the imposition of the cargo facility charge.
5. This act shall take effect immediately, but shall remain inoperative until the enactment into law of legislation substantially similar to P.L. , c. (C. ) (pending before the Legislature as this bill) by the State of New York, but if such legislation shall have been enacted prior to the enactment of this act, this act shall take effect immediately.
STATEMENT
This bill requires the Port Authority of New York and New Jersey (port authority) to contract with an independent third party collection agency to collect cargo facility charges from all users, but prohibits the imposition of such a charge on ocean common carriers and marine terminal operators. The bill defines a user as: any person, company, or other entity that is named as shipper or consignee on the ocean common carrier bill of lading; any other person, company, or entity that is a bona fide holder of the bill of lading or who is entitled to receive delivery of export cargo or import cargo; or any other bailor of export or import cargo. A cargo facility charge is defined as a fee applicable to all cargo and cargo containers discharged from, or loaded onto, vessels at any marine facility owned or operated by the port authority.
In addition, the bill requires the port authority to enter into an agreement, with a marine terminal operator, to be filed with the Federal Maritime Commission, that requires the marine terminal operator to provide the port authority with information concerning a user's cargo for the purpose of collecting a cargo facility charge. The port authority is authorized to refuse service to a user's cargo and impose liens on the cargo of users who are delinquent in paying a cargo facility charge. The bill also requires the port authority to dedicate all revenue collected from all cargo facility charges to fund maritime infrastructure improvement projects within the port district.
Finally, the bill provides that users are to waive their right to any damages resulting from the enforcement of any lien or a refusal to provide service related to the imposition of the cargo facility charge, except that if it is determined that the port authority incorrectly enforced a lien or refused service, the user's cargo facility charge may be waived. A marine terminal operator or an ocean common carrier is immune from any claim for damages resulting from the enforcement of any lien or a refusal to provide service by the port authority related to the imposition of the cargo facility charge.
The bill will not take effect until the enactment into law of substantially similar legislation by the State of New York.
