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Senate Bill S6839

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2013-S6839 (ACTIVE) - Details

See Assembly Version of this Bill:
A9453
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
Versions Introduced in Other Legislative Sessions:
2015-2016: S1957, A3265
2017-2018: A217

2013-S6839 (ACTIVE) - Summary

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

2013-S6839 (ACTIVE) - Sponsor Memo

2013-S6839 (ACTIVE) - Bill Text download pdf 

                            
                    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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