Relates to regulating the purchase and sale of railroad materials as scrap metal.
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.
STATE OF NEW YORK ________________________________________________________________________ 6839 IN SENATE 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