NJ SB 289

Author

Joseph Pennachio
170 Changebridge Rd., Unit A1
Montville, NJ 07045
973-984-0922

Author Detail Link
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Bill Text

Category

Cargo Fees

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State

NJ

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Summary

Establishes the “Port Authority of New York and New Jersey Cargo Facility Charge Act.”

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Issue

Establishes the “Port Authority of New York and New Jersey Cargo Facility Charge Act.” Requires the Port Authority of New York and New Jersey 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. Defines a user as: any person, company, or other entity that is named as the 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. 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. 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. Will not take effect until the enactment into law of substantially similar legislation by the State of New York. Last session bill SB1334.

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Notes

Died at end of session.

History

01/14/2020 Introduced in the Senate, Referred to Senate Committee on Transportation.