Bill Text: NY A03471 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts Jason's Law; relates to programs that promote and protect the safety of truck drivers in New York state.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Introduced - Dead) 2012-02-02 - print number 3471a [A03471 Detail]
Download: New_York-2011-A03471-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3471
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. P. LOPEZ, AMEDORE, HAWLEY, WEPRIN, MONTESANO --
Multi-Sponsored by -- M. of A. KOLB, SALADINO, SAYWARD -- read once
and referred to the Committee on Transportation
AN ACT to amend the transportation law, the state finance law, the tax
law and the public authorities law, in relation to programs that
promote and protect the safety of truck drivers in New York state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as "Jason's Law".
2 S 2. Legislative intent. The legislature finds and declares that there
3 is a great need to provide truck drivers with safe places to rest while
4 waiting for pending appointments or to comply with federal hours of
5 service regulations. Federal law requires motor carrier operators to
6 rest for a period of ten hours after driving for eleven consecutive
7 hours. Federal law further prohibits motor carrier operators from driv-
8 ing more than sixty hours over a seven day period. These requirements
9 are only exacerbating the shortage of safe parking areas for motor
10 carriers, forcing many drivers to park in desolate, poorly lit areas
11 with little or no security. Many shippers and receivers of freight do
12 not allow truckers into their facilities until just before their sched-
13 uled appointment time and insist that they leave promptly once delivery
14 is complete. It is imperative that the legislature address the current
15 shortage of long-term parking for commercial motor vehicles to ensure
16 the personal safety and security of those who transport goods and
17 provide essential services for the people of the state of New York.
18 S 3. The transportation law is amended by adding a new section 140-a
19 to read as follows:
20 S 140-A. MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN PROGRAM. 1.
21 THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A MOTOR CARRIER SAFETY AND
22 SECURITY REVOLVING LOAN PROGRAM TO PROVIDE LOANS TO ELIGIBLE APPLICANTS
23 TO MAKE SAFETY AND SECURITY UPGRADES ON THEIR FACILITIES FOR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05848-01-1
A. 3471 2
1 PURPOSES DESIGNATED IN THIS SECTION. SUCH PROGRAM SHALL PROVIDE INTEREST
2 FREE LOANS TO ELIGIBLE APPLICANTS FOR SUCH SAFETY AND SECURITY IMPROVE-
3 MENT PROJECTS AS THE COMMISSIONER SHALL DEEM TO BE ELIGIBLE PURSUANT TO
4 THIS SECTION.
5 2. STATE FINANCIAL ASSISTANCE IN THE FORM OF A LOAN MAY BE PROVIDED,
6 SUBJECT TO APPROPRIATION BY THE LEGISLATURE, TO RECIPIENTS FOR ELIGIBLE
7 PROJECTS AS DEFINED IN THIS SECTION. ANY FINANCIAL ASSISTANCE AWARDED
8 SHALL BE PROVIDED FROM THE MOTOR CARRIER SAFETY AND SECURITY REVOLVING
9 LOAN FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE
10 FINANCE LAW.
11 3. ELIGIBLE APPLICANTS SHALL MEAN OWNERS AND OPERATORS OF PRIVATE REST
12 AREAS, TRUCK STOPS, TRAVEL PLAZAS, AND ANY OTHER FACILITY WHICH PROVIDES
13 MOTOR CARRIERS WITH A SAFE PLACE TO REST WHILE WAITING FOR SCHEDULED
14 APPOINTMENTS AND/OR COMPLYING WITH FEDERAL HOURS OF SERVICE REGULATIONS.
15 4. ELIGIBLE PROJECTS SHALL INCLUDE: (A) THE PURCHASE AND INSTALLATION
16 OF NEW SECURITY SYSTEMS, INCLUDING BUT NOT LIMITED TO ALARMS AND VIDEO
17 SURVEILLANCE EQUIPMENT; (B) THE PURCHASE AND INSTALLATION OF NEW OR
18 IMPROVED LIGHTING EQUIPMENT TO PROVIDE ENHANCED VISIBILITY IN PARKING
19 AREAS; (C) HIRING OR OTHERWISE MAINTAINING SECURITY GUARDS THAT PROVIDE
20 REGULAR PATROLS OF THE ENTIRE FACILITY; (D) THE CONSTRUCTION OF NEW
21 PARKING FACILITIES; AND (E) UPGRADING AND IMPROVING EXISTING PARKING
22 FACILITIES.
23 5. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
24 PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
25 LISHING: (A) AN APPLICATION PROCESS WHEREBY ELIGIBLE APPLICANTS MAY
26 APPLY FOR LOANS; (B) CRITERIA AND STANDARDS FOR DETERMINING AN APPLI-
27 CANT'S ELIGIBILITY FOR A LOAN; (C) CRITERIA AND STANDARDS TO BE USED IN
28 DETERMINING THE AMOUNT OF FINANCIAL ASSISTANCE TO BE PROVIDED TO EACH
29 APPLICANT; AND (D) CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE
30 LOAN REPAYMENT PERIODS AND THE TERMS OF REPAYMENT AGREEMENTS.
31 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT APPLICANTS
32 WHO HAVE RECEIVED TAX CREDITS PURSUANT TO SUBDIVISION FORTY-THREE OF
33 SECTION TWO HUNDRED TEN OF THE TAX LAW FROM PARTICIPATING IN THE MOTOR
34 CARRIER SAFETY AND SECURITY REVOLVING LOAN PROGRAM OFFERED UNDER THIS
35 SECTION.
36 S 4. The state finance law is amended by adding a new section 99-t to
37 read as follows:
38 S 99-T. MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN FUND. 1.
39 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
40 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
41 BE KNOWN AS THE MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN FUND.
42 2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
43 ALL MONIES TRANSFERRED TO SUCH FUND PURSUANT TO LAW AND ALL MONIES
44 REQUIRED TO BE PAID INTO OR CREDITED TO THIS FUND, INCLUDING ALL MONIES
45 RECEIVED BY THE FUND OR DONATED TO IT, AND PAYMENT OF PRINCIPAL ON LOANS
46 MADE FROM THE FUND.
47 3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
48 COMMISSIONER OF TRANSPORTATION TO PROVIDE LOANS PURSUANT TO SECTION ONE
49 HUNDRED FORTY-A OF THE TRANSPORTATION LAW.
50 S 5. Section 210 of the tax law is amended by adding two new subdivi-
51 sions 43 and 44 to read as follows:
52 43. CREDIT FOR PROVIDING A SAFE HARBOR FOR MOTOR CARRIERS. (A) FOR
53 TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE,
54 A QUALIFYING TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST ANY TAX DUE
55 UNDER THIS ARTICLE IN AN AMOUNT OF TWENTY PERCENT.
A. 3471 3
1 (B) (1) FOR THE PURPOSES OF THIS SUBDIVISION, A "QUALIFYING TAXPAYER"
2 ALLOWED A CREDIT SHALL MEAN A TAXPAYER ENGAGED IN THE SHIPPING AND/OR
3 RECEIVING OF ANY COMMODITIES VIA A MOTOR CARRIER, OR AN INDIVIDUAL,
4 EITHER OF WHICH PROVIDES QUALIFYING MOTOR CARRIERS SERVICES AT THEIR
5 FACILITIES THAT PROVIDE A SECURE AREA IN WHICH SUCH MOTOR CARRIERS MAY
6 WAIT FOR PENDING APPOINTMENTS OR TO COMPLY WITH FEDERAL HOURS OF SERVICE
7 REGULATIONS.
8 (2) FOR THE PURPOSES OF THIS SUBDIVISION, A "QUALIFYING MOTOR CARRIER"
9 SHALL MEAN A MOTOR CARRIER THAT IS NOT EMPLOYED BY THE TAXPAYER OR A
10 COMPANY OR CORPORATION THAT IS AFFILIATED WITH THE TAXPAYER.
11 (C) QUALIFYING TAXPAYERS WHO APPLY FOR AND RECEIVE SUCH CREDIT FOR
12 PROVIDING SAFE HARBOR FOR MOTOR CARRIERS SHALL NOT BE LIABLE FOR INJURY
13 OR DEATH TO ANY PERSON OR FOR ANY PROPERTY DAMAGE OCCURRING ON OR AT THE
14 FACILITY PROVIDED, HOWEVER, THAT SUCH TAXPAYER SHALL NOT BE PROTECTED
15 FROM LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL, AND RECKLESS MISCON-
16 DUCT OF SUCH TAXPAYER.
17 44. CREDIT FOR SECURITY UPGRADES AND PARKING IMPROVEMENTS AT REST
18 AREAS. (A) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
19 THOUSAND TWELVE, A QUALIFYING TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST
20 ANY TAX DUE UNDER THIS ARTICLE IN AN AMOUNT EQUAL TO FIFTY PERCENT OF
21 THE TOTAL EXPENDITURES FOR THE PURCHASE, INSTALLATION AND/OR MAINTENANCE
22 OF A QUALIFYING PROJECT OR PROJECTS THAT ARE INTENDED TO IMPROVE THE
23 SAFETY AND SECURITY OF FACILITIES OPERATED BY QUALIFYING TAXPAYERS.
24 (B) FOR THE PURPOSES OF THIS SUBDIVISION A "QUALIFYING TAXPAYER" SHALL
25 MEAN OWNERS AND OPERATORS OF PRIVATE REST AREAS, TRUCK STOPS, TRAVEL
26 PLAZAS AND ANY OTHER FACILITY WHICH PROVIDES MOTOR CARRIERS WITH A SAFE
27 PLACE TO REST WHILE WAITING FOR SCHEDULED APPOINTMENTS AND/OR COMPLYING
28 WITH FEDERAL HOURS OF SERVICE REGULATIONS.
29 (C) FOR PURPOSES OF THIS SUBDIVISION, A "QUALIFYING PROJECT" INCLUDES
30 THE FOLLOWING:
31 (1) THE PURCHASE AND INSTALLATION OF NEW SECURITY SYSTEMS, INCLUDING
32 BUT NOT LIMITED TO ALARMS AND VIDEO SURVEILLANCE EQUIPMENT;
33 (2) THE PURCHASE AND INSTALLATION OF NEW OR IMPROVED LIGHTING EQUIP-
34 MENT TO PROVIDE ENHANCED VISIBILITY IN PARKING AREAS;
35 (3) HIRING OR OTHERWISE MAINTAINING SECURITY GUARDS THAT PROVIDE REGU-
36 LAR PATROLS OF THE ENTIRE FACILITY;
37 (4) THE CONSTRUCTION OF NEW PARKING FACILITIES; AND
38 (5) UPGRADING AND IMPROVING EXISTING PARKING FACILITIES.
39 (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT TAXPAY-
40 ERS WHO HAVE RECEIVED FUNDING THROUGH THE MOTOR CARRIER SAFETY AND SECU-
41 RITY REVOLVING LOAN PROGRAM FROM BEING ELIGIBLE FOR THE TAX CREDIT
42 OFFERED IN THIS SECTION.
43 S 6. The public authorities law is amended by adding a new section 388
44 to read as follows:
45 S 388. "BULL PEN" DEMONSTRATION PROGRAM. 1. THE COMMISSIONER SHALL
46 INITIATE A PROGRAM FOR THE ESTABLISHMENT OF ADDITIONAL REST AREAS FOR
47 COMMERCIAL TRUCK DRIVERS ALONG THE NEW YORK STATE THRUWAY.
48 2. IN PURSUING THE DEVELOPMENT OF SUCH FACILITIES THE COMMISSIONER
49 SHALL WORK IN CONSULTATION WITH REPRESENTATIVES OF THE NEW YORK TRUCKING
50 INDUSTRY TO ASSESS POTENTIAL SITE OPTIONS WITH AN EMPHASIS ON ADAPTIVE
51 REUSE AND/OR MODIFICATION OF EXISTING INFRASTRUCTURE AND CAPITAL FACILI-
52 TIES TO MAXIMIZE THE AVAILABILITY OF REST AREA SERVICES IN THE MOST COST
53 EFFECTIVE MANNER POSSIBLE.
54 3. IN CONCERT WITH THE AFOREMENTIONED INVENTORYING AND PLANNING
55 EFFORTS, THE COMMISSIONER SHALL INITIATE A DEMONSTRATION BULL PEN PILOT
56 PROJECT WHICH SHALL TEST THE AFFORDABILITY AND EFFECTIVENESS OF DEVELOP-
A. 3471 4
1 ING DEDICATED PARKING FACILITIES AS A LOW COST OPTION FOR OFFERING SAFE
2 HARBOR FOR TRUCK DRIVERS IN NEW YORK STATE. SUCH FACILITIES SHALL BE
3 EQUIPPED WITH FENCING, SECURITY CAMERAS, GATED ENTRANCES, ELECTRIC HOOK-
4 UPS FOR POWERING APPLIANCES AND EQUIPMENT IN INDIVIDUAL TRUCK CABINS AND
5 TRUCK DRIVER SLEEPER QUARTERS AND LIMITED LAVATORY ACCOMMODATIONS. IN
6 PURSUING SUCH FACILITIES, THE COMMISSIONER SHALL CONSIDER THE POTENTIAL
7 FOR UTILIZING E-ZPASS TECHNOLOGY AS A MEANS FOR ENHANCING PUBLIC SAFETY
8 AND SECURITY.
9 S 7. This act shall take effect immediately.
