Bill Text: NY A07353 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the sale of automotive refinishing material labeled for professional use; prohibits sale except when seller meets certain conditions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A07353 Detail]

Download: New_York-2015-A07353-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7353
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 6, 2015
                                      ___________
       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:
    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.
                                                                  LBD10606-01-5