Assembly Bill A308

2019-2020 Legislative Session

Increases fines for obstructed farm and highway crossings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A308 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Railroad Law
Laws Affected:
Amd §53-c, Rail L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10086
2015-2016: A3307
2017-2018: A2710

2019-A308 (ACTIVE) - Summary

Increases fines for obstructed farm and highway crossings.

2019-A308 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    308
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  STECK,  FAHY,  SANTABARBARA -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the railroad law, in relation to  increasing  fines  for
   obstructed farm and highway crossings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 53-c of the railroad law, as added by  chapter  845
 of the laws of 1972, is amended to read as follows:
   §  53-c.  Obstructing  farm and highway crossings.   1. Any officer or
 employee of a railroad corporation who shall intentionally OR RECKLESSLY
 obstruct, and any owner, officer or employee of a  railroad  corporation
 who shall intentionally OR RECKLESSLY cause to be obstructed any farm or
 highway  crossing  with any locomotive, train or car for a longer period
 than five consecutive minutes is guilty of a violation  which  shall  be
 punishable  by  a  fine  of  not  more  than [one hundred] FIVE THOUSAND
 dollars or imprisonment for not more than fifteen days or by  both  such
 fine  and  imprisonment  FOR THE FIRST INSTANCE, A FINE OF NOT MORE THAN
 TWENTY-FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE  THAN  FIFTEEN
 DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT FOR THE SECOND INSTANCE, OR A
 FINE  OF NOT MORE THAN SEVENTY-FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR
 NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT FOR THE
 THIRD INSTANCE. SUCH FINES SHALL BE BORNE BY THE OWNER OF  THE  RAILROAD
 CORPORATION  FOUND  IN  VIOLATION OF THIS SECTION.   Notwithstanding the
 foregoing provisions of this section  or  any  local  ordinance  to  the
 contrary,  no  owner,  officer or employee of a railroad corporation who
 obstructs, or causes to be obstructed,  any  farm  or  highway  crossing
 shall  be  subject  to  any  civil, criminal or other penalty where such
 person has no control over the  situation  causing  the  obstruction  or
 where  the  locomotive, train or car cannot be moved without endangering
 the safety of the passengers, the public or freight.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.