senate Bill S5765

2013-2014 Legislative Session

Relates to public hearings and to repeal certain obsolete provisions to the railroad law

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Sponsored By

Archive: Last Bill Status - In Committee

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2013 referred to transportation

S5765 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Railroad Law
Laws Affected:
Amd §§89, 90, 91, 97, 97-a & 81, rpld §§51, 57, 57-a, 58 - 60, 71 - 74, 76, 77, 80 & 82, Rail L

S5765 - Summary

Relates to public hearings and repeals certain obsolete provisions to the railroad law.

S5765 - Sponsor Memo

S5765 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 13, 2013

Introduced  by Sen. FUSCHILLO -- (at request of the Department of Trans-
  portation) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Transportation

AN  ACT to amend the railroad law, in relation to public hearings and to
  repeal certain provisions of such law, relating to the weight of rail,
  rates of fare, excess charges and  penalties,  mileage  books,  duties
  imposed,  inspections,  inspectors,  care of steam locomotives, use of
  furnaces, equipment of engines, couplers and Canadian thistles


  Section  1.  Section 89 of the railroad law, as amended by chapter 267
of the laws of 1970, is amended to read as follows:
  S 89. New railroads across streets.  1. All [steam] surface  railroads
built  after the first day of July, eighteen hundred [and] ninety-seven,
except additional switches and sidings, must be  so  constructed  as  to
avoid  all  public  crossings at grade, whenever practicable [so to do].
Whenever AN application is made to the commissioner [of  transportation]
under section nine of this chapter OR THIS SECTION, there shall be filed
with  the  commissioner  [of  transportation] a map showing the streets,
avenues,  highways  and  roads  proposed  to  be  crossed  by  the   new
construction,  and  the commissioner [of transportation] shall determine
whether such crossings shall be under or  over  the  proposed  railroad,
except  where  the commissioner [of transportation] shall determine such
method of crossing to be impracticable.
  2. Whenever SUCH an application is made [under this section] to deter-
mine the manner of crossing, the commissioner [of  transportation  shall
designate  a  time  and  place when and where a hearing will be given to
such railroad company, and shall notify the municipal corporation having
jurisdiction over the streets, avenues, highways or roads proposed to be
crossed by the new railroad, persons owning land in the vicinity of  the
proposed  crossing  and such other parties deemed by the commissioner of
transportation to be interested in the proceeding. The  commissioner  of
transportation  shall  give  public  notice  of  such hearing. Upon such
notice and after a hearing,  the  commissioner  of  transportation]  MAY


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