senate Bill S6839

Relates to regulating the purchase and sale of railroad materials as scrap metal

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Mar / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Relates to regulating the purchase and sale of railroad materials as scrap metal.

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Bill Details

See Assembly Version of this Bill:
A9453
Versions:
S6839
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Ren §69-h to be §69-i, add §69-h, amd §69-i, Gen Bus L

Sponsor Memo

BILL NUMBER:S6839

TITLE OF BILL: An act to amend the general business law, in relation
to regulating the purchase and sale of railroad materials as scrap
metal

PURPOSE: To prohibit the illegal sale or purchase of metallic railroad
materials as scrap.

SUMMERY OF SPECIFIC PROVISIONS: Section 1 prohibits the illegal sale
or purchase of railroad materials as scrap by scrap processing
facilities.

Section 2 allows for penalties for violations of this article.

Section 3 is the effective date.

JUSTIFICATION: Discouraging the theft of railroad materials is
essential to keeping our state's rail system safe for passenger and
freight movement. In 2011, New York State enacted a law that updated
and strengthened the state's trespassing laws as they relate to
railroad property. This was done in part to discourage trespassers
from coming onto railroad property for the purpose of stealing track
materials to sell as scrap, including metal rails and spikes that hold
the tracks together. Such thefts can cause very dangerous situations
and can potentially result in train derailments.

This bill would further dissuade trespassers from coming onto railroad
property for the purpose of stealing track materials by eliminating
potential outlets where such items may be sold. This bill would be
limited in scope to prohibit only the illegal, unauthorized sale and
purchase of railroad materials. Legitimate commercial enterprises may
still legally sell railroad scrap metal to scrap processing facilities
and customers may continue to purchase scrap from these facilities.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This bill shall take effect sixty days after which it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6839

                            I N  S E N A T E

                             March 18, 2014
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to regulating  the
  purchase and sale of railroad materials as scrap metal

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 69-h of the  general  business  law  is  renumbered
section 69-i and a new section 69-h is added to read as follows:
  S  69-H.  PROHIBITION  ON  SALE  AND PURCHASE OF CERTAIN ITEMS BEARING
RAILROAD MARKINGS. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGU-
LATION  TO  THE  CONTRARY,  IT SHALL BE UNLAWFUL FOR SCRAP PROCESSORS TO
SELL, OFFER FOR SALE, OR PURCHASE AS SCRAP, ANY MATERIALS BEARING  RAIL-
ROAD  MARKINGS,  INCLUDING  RAILROAD POWER AND SIGNAL EQUIPMENT, ROAD OR
RAIL CROSSING SIGNALS, RAILROAD TRACK, RAILROAD SWITCH COMPONENTS, RAIL-
ROAD SPIKES, ANGLE/JOINT BAR AS USED IN THE JOINTING OF RAILROAD  TRACK,
RAILROAD ANCHORS, AND/OR RAILROAD TIE PLATES OR BOLTS USED IN CONSTRUCT-
ING  A RAILROAD, UNLESS SUCH MATERIALS ARE OFFERED FOR SALE BY A COMMER-
CIAL ENTERPRISE.
  S 2. Subdivision 1 of section 69-i of the  general  business  law,  as
added  by  chapter  431 of the laws of 1976 and as renumbered by section
one of this act, is amended to read as follows:
  1. Each violation of this article by a  scrap  processor  shall  be  a
violation  subject to a fine of not more than [two hundred dollars] FIVE
HUNDRED DOLLARS FOR A FIRST OFFENSE, ONE THOUSAND DOLLARS FOR  A  SECOND
OFFENSE,  AND  TWO  THOUSAND  FIVE  HUNDRED DOLLARS FOR A THIRD AND EACH
SUBSEQUENT OFFENSE, unless such violation  shall  be  wilful,  in  which
event  it  shall  be  a misdemeanor except, however, the scrap processor
shall not be liable for any violation of this article by a  seller,  his
agent, or a purported seller or agent.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14305-01-4

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