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NY S04478
Bill
Status
6/23/2010
Primary Sponsor
Martin Dilan
Click for details
AI Summary
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Removes old law prohibiting pedestrians from walking on railroad tracks and eliminates the $10 forfeiture for riding animals on railroad property without consent.
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Expands section 83-a to include motor vehicles, all-terrain vehicles, and motorcycles in addition to snowmobiles, with penalties increased from $100 to $100-$250 for first offense and $250-$500 or up to 15 days imprisonment for subsequent violations.
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Creates new section 83-c establishing trespass violations on railroad property punishable by $100-$250 fine for first offense and $250-$500 fine or up to 15 days imprisonment for repeat violations.
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Makes damage to railroad property a misdemeanor punishable by $500-$1,500 fine and/or up to one year imprisonment; elevates to felony if disruption delays railroad operations, with penalties of $1,000-$2,500 and Class E felony imprisonment.
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Establishes that knowledge of trespassing is presumed when surrounding circumstances indicate proximity to railroad property; requires written or affirmative consent for entry on non-public railroad property; takes effect November 1 following enactment.
Legislative Description
Limits railroads' liability to intruders upon their property and rights-of-way; defines offenses of trespasses on and damage to railroad property and establishes penalties therefor; also penalizes disruption of railroads and causing death or serious injury in connection therewith; establishes the railroad crossing safety fund, to be funded by fines and forfeitures from railroad-related offenses; the fund is to be used for training and education to improve safety at railroad grade crossings and along railroad rights-of-way throughout the state.
Last Action
referred to transportation
6/23/2010