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STATE OF NEW YORK
________________________________________________________________________

5630

2011-2012 Regular Sessions

IN ASSEMBLY

February 24, 2011
___________

Introduced by M. of A. MURRAY -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to restricting the
  sale of automotive refinish material

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

  Section 1. The general business law is amended by adding a new section
309 to read as follows:
  S 309. SALE OF AUTOMOTIVE REFINISH MATERIAL. 1. NO SELLER, SUPPLIER OR
DISTRIBUTOR OF AUTOMOTIVE REFINISH MATERIAL SHALL SELL OR OFFER FOR SALE
TO ANY PROSPECTIVE PURCHASER ANY AUTOMOTIVE REFINISH MATERIAL  WHICH  IS
LABELED  FOR  PROFESSIONAL USE ONLY AND WHICH CONTAINS MATERIAL, THE USE
OF WHICH RESULTS IN THE GENERATION OF  HAZARDOUS  WASTE  AS  DEFINED  IN
APPLICABLE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION REGULATIONS UNLESS
SUCH PROSPECTIVE PURCHASER DEMONSTRATES THAT SUCH  PURCHASER  MEETS  ALL
LOCAL  ORDINANCES  FOR  THE  APPLICATION  OF SUCH MATERIALS, POSSESSES A
VALID NEW YORK STATE TAX IDENTIFICATION NUMBER, A FEDERAL  ENVIRONMENTAL
PROTECTION  AGENCY  NUMBER  OR PROOF OF EXEMPTION FROM SAME AND IS OR IS
ACTING ON BEHALF OF A REGISTERED REPAIR SHOP AS  SET  FORTH  IN  ARTICLE
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW.
  2. ANY PERSON WHO IS FOUND, AFTER NOTICE AND HEARING, TO HAVE VIOLATED
THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY NOT
TO EXCEED ONE THOUSAND DOLLARS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08367-01-1