What's happening
This bill prohibits scrap processors from buying or selling railroad-marked materials unless sold by a commercial enterprise and increases fines for violations.
Why it matters
Targets theft and resale of railroad property. by making it illegal for scrap processors to buy or sell railroad-marked materials unless those materials come from a legitimate commercial enterprise, aiming to reduce crimes that disrupt rail service and public safety.
Expands the list of protected items. to include not just track but also equipment like signals, switches, spikes, anchors, and tie plates, making it harder for stolen or vandalized railroad infrastructure to enter the scrap market.
Raises financial consequences for violations. by significantly increasing fines for scrap processors: $500 for a first offense, $1,000 for a second, and $2,500 for each subsequent offense, which could deter illegal transactions and encourage better compliance practices.
Clarifies liability. so that scrap processors are not penalized for violations committed by sellers or their agents, focusing enforcement on actual wrongdoing by the processors themselves.
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Who cares
Scrap processors
The bill would prohibit them from buying, selling or offering railroad-marked materials as scrap unless a commercial enterprise offers the materials for sale.
Commercial enterprises selling railroad scrap
Their offerings would qualify for the exception to the bill’s restrictions on railroad-marked materials.
Individual sellers of railroad scrap
Scrap processors would be barred from purchasing their railroad-marked materials unless offered by a commercial enterprise.
Scrap industry compliance staff
The bill would raise maximum fines for violations of the scrap processor law to $500 for a first offense, $1,000 for a second and $2,500 for each subsequent offense.
Headline styles
Ban Sale of Railroad Scrap
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to economic development
- Referred to economic development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
217
2017-2018 Regular Sessions
IN ASSEMBLY (Prefiled)
January 4, 2017
Introduced by M. of A. LUPARDO, PEOPLES-STOKES, MOSLEY -- Multi-Sponsored by -- M. of A. ABBATE, COOK, CROUCH, GALEF, GLICK, MAGEE, RIVERA, SKARTADOS -- read once and referred to the Committee on Economic Development
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 Assembly, 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:
§ 69-h. Prohibition on sale and purchase of certain items bearing railroad markings. Notwithstanding any provision of law, rule or regulation to the contrary, it shall be unlawful for scrap processors to sell, offer for sale, or purchase as scrap, any materials bearing railroad markings, including railroad power and signal equipment, road or rail crossing signals, railroad track, railroad switch components, railroad spikes, angle/joint bar as used in the jointing of railroad track, railroad anchors, and/or railroad tie plates or bolts used in constructing a railroad, unless such materials are offered for sale by a commercial enterprise.
§ 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02169-01-7
A. 217 2
shall not be liable for any violation of this article by a seller, his agent, or a purported seller or agent.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.