Bill Text: NY A01235 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the general business law, in relation to restricting the sale of automotive refinish material

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A01235 Detail]

Download: New_York-2009-A01235-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1235
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
         Committee on Economic Development, Job Creation, Commerce and Industry
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  309 to read as follows:
    3    S 309. SALE OF AUTOMOTIVE REFINISH MATERIAL. 1. NO SELLER, SUPPLIER OR
    4  DISTRIBUTOR OF AUTOMOTIVE REFINISH MATERIAL SHALL SELL OR OFFER FOR SALE
    5  TO  ANY  PROSPECTIVE PURCHASER ANY AUTOMOTIVE REFINISH MATERIAL WHICH IS
    6  LABELED FOR PROFESSIONAL USE ONLY AND WHICH CONTAINS MATERIAL,  THE  USE
    7  OF  WHICH  RESULTS  IN  THE  GENERATION OF HAZARDOUS WASTE AS DEFINED IN
    8  APPLICABLE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  REGULATIONS  UNLESS
    9  SUCH  PROSPECTIVE  PURCHASER  DEMONSTRATES THAT SUCH PURCHASER MEETS ALL
   10  LOCAL ORDINANCES FOR THE APPLICATION  OF  SUCH  MATERIALS,  POSSESSES  A
   11  VALID  NEW YORK STATE TAX IDENTIFICATION NUMBER, A FEDERAL ENVIRONMENTAL
   12  PROTECTION AGENCY NUMBER OR PROOF OF EXEMPTION FROM SAME AND  IS  OR  IS
   13  ACTING  ON  BEHALF  OF  A REGISTERED REPAIR SHOP AS SET FORTH IN ARTICLE
   14  TWELVE-A OF THE VEHICLE AND TRAFFIC LAW.
   15    2. ANY PERSON WHO IS FOUND, AFTER NOTICE AND HEARING, TO HAVE VIOLATED
   16  THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT
   17  TO EXCEED ONE THOUSAND DOLLARS.
   18    S  2.  This  act shall take effect on the ninetieth day after it shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01835-01-9