NY State Assembly Bill 2009-A11095

Archive: Last Bill Status - In Assembly Committee

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2010	referred to transportation

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2009-A11095 (ACTIVE) - Details

See Senate Version of this Bill:: S8113
Current Committee:: Assembly Transportation
Law Section:: Transportation Law
Laws Affected:: Add §140-a, Transp L; add §99-t, St Fin L; amd §210, Tax L; add §388, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3471, S2359
2013-2014: S3773

2009-A11095 (ACTIVE) - Summary

Relates to programs that promote and protect the safety of truck drivers in New York state.

2009-A11095 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11095

TITLE  OF  BILL:    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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the  legislation  is  to
create  various programs designed to protect the safety of truck drivers
in the state.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill cites the title as
"Jason's Law."

Section 2 of the bill provides the legislative intent.

Section 3 of the bill amends the transportation  law  by  adding  a  new
section  140-a  creating the motor carrier safety and security revolving
loan program to provide  interest  free  loans  to  owners/operators  of
private  rest  areas,  truck stops, travel plazas and any other facility
providing motor carriers with a safe place to rest, to make  safety  and
security upgrades on their facilities.

Section  4  of  the  bill  amends  the state finance law by adding a new
section 99-t creating the motor carrier safety  and  security  revolving
loan program fund.

Section 5 of the bill amends section 210 of the tax law by adding a new.
subdivision  41  creating  a  20  percent tax credit for shipping and/or
receiving facilities that agree to provide motor carriers with a  secure
area  to  rest  while waiting for pending appointments or to comply with
federal hours of service regulations.

Section 6 of the bill amends section 210 of the tax law by adding a  new
subdivision  42 creating a 50 percent tax credit for owners/operators of
private rest areas, truck stops, travel plazas and  any  other  facility
providing  motor  carrier  with a safe place to rest, to make safety and
security. upgrades on their facilities.

Section 7 of the bill amends the public authorities law by adding a  new
section  388  creating  a "Bull Pen" demonstration program along the New
York State Thruway. The bull pen demonstration program  would  test  the
affordability  and effectiveness of developing dedicated parking facili-
ties to provide a safe place for truckers to rest, The  facilities  must
include fencing, security cameras, gated entrances, electric hookups for
powering appliances and equipment in individual truck cabins and sleeper
quarters, as well as limited lavatory accommodations.

Section 8 of the bill provides for an immediate effective date.

JUSTIFICATION:  This  legislation  was drafted in response to the tragic
and senseless death of Jason Rivenburg, a truck  driver  from  Schoharie

County,  who  was  killed  while  resting at an abandoned gas station in
South Carolina. At the time of his death, Jason was a mere 12 miles from
his destination but was unable to make his delivery because he  was  too
early.  This  tragic situation highlights the seriousness of the problem
surrounding the lack of available, safe and  secure  parking  facilities
for  truckers.  We rely on commercial trucks to transport the goods that
are necessary to our economic well-being.  It  is  vital  that  we  also
ensure  that  truck  drivers rest for ten hours after driving for eleven
consecutive hours, and also prohibits them from driving more than  sixty
hours  total  over a seven day period.  There is a real shortage of safe
parking. areas for motor carriers, forcing many drivers, like Jason,  to
park in desolate, poorly lit areas with little or no security. If we are
going  to require truckers to take regular breaks, it is imperative that
we provide them with a safe place to rest.

This legislation is designed to provide  incentives  for  private  busi-
nesses  to address truck safety and security issues on their facilities.
Specifically, the bill, includes a 20 percent tax  credit  to  encourage
shipping  and  receiving  facilities  to allow truckers to rest in their
parking areas and a 50 percent tax credit for the installation, purchase
or maintenance of safety and security upgrades made by  owners/operators
of  private  rest  areas, truck stops, and other similar facilities. The
bill also creates a revolving  loan  fund  whereby  owners/operators  of
private rest areas, truck stops and other facilities could access inter-
est  fee financing for safety and security upgrades. Further, the legis-
lation establishes a "bull pen" demonstration program along the New York
State Thruway. A "bull pen" is a designated, secure area for truckers to
rest while complying with federal rest regulations. The "bull pen" would
be equipped with fencing, security cameras, gated entrances,  electrical
hookups for powering appliances and equipment in individual truck cabins
and truck driver sleeper quarters, and limited lavatory accommodations.

Additionally, at the federal level, Congressman Tonko and Senator Schum-
er have introduced legislation that would authorize 820 million annually
over  six  years  for  grants  to states to expand and publicize parking
options for commercial vehicles. This legislation would  ensure  that  a
framework  exists  at  the state level to allow us to quickly and effec-
tively expend the federal dollars should the federal bill become law.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  To be  determined.
However,  there  may be no cost to the state as New York would apply for
federal funding once the federal legislation has been enacted.

EFFECTIVE DATE: Immediately.

2009-A11095 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11095

                          I N  A S S E M B L Y

                              May 14, 2010
                               ___________

Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
  tee 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:

  Section 1. This act shall be known and may be cited as "Jason's Law".
  S 2. Legislative intent. The legislature finds and declares that there
is a great need to provide truck drivers with safe places to rest  while
waiting  for  pending  appointments  or  to comply with federal hours of
service regulations. Federal law requires  motor  carrier  operators  to
rest  for  a  period  of  ten hours after driving for eleven consecutive
hours. Federal law further prohibits motor carrier operators from  driv-
ing  more  than  sixty hours over a seven day period. These requirements
are only exacerbating the shortage  of  safe  parking  areas  for  motor
carriers,  forcing  many  drivers  to park in desolate, poorly lit areas
with little or no security. Many shippers and receivers  of  freight  do
not  allow truckers into their facilities until just before their sched-
uled appointment time and insist that they leave promptly once  delivery
is  complete.  It is imperative that the legislature address the current
shortage of long-term parking for commercial motor  vehicles  to  ensure
the  personal  safety  and  security  of  those  who transport goods and
provide essential services for the people of the state of New York.
  S 3. The transportation law is amended by adding a new  section  140-a
to read as follows:
  S  140-A. MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN PROGRAM. 1.
THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A MOTOR CARRIER SAFETY AND
SECURITY REVOLVING LOAN PROGRAM TO PROVIDE LOANS TO ELIGIBLE  APPLICANTS
TO  MAKE  SAFETY  AND  SECURITY  UPGRADES  ON  THEIR  FACILITIES FOR THE
PURPOSES DESIGNATED IN THIS SECTION. SUCH PROGRAM SHALL PROVIDE INTEREST
FREE LOANS TO ELIGIBLE APPLICANTS FOR SUCH SAFETY AND SECURITY  IMPROVE-
MENT  PROJECTS AS THE COMMISSIONER SHALL DEEM TO BE ELIGIBLE PURSUANT TO
THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17013-02-0

A. 11095                            2

  2. STATE FINANCIAL ASSISTANCE IN THE FORM OF A LOAN MAY  BE  PROVIDED,
SUBJECT  TO APPROPRIATION BY THE LEGISLATURE, TO RECIPIENTS FOR ELIGIBLE
PROJECTS AS DEFINED IN THIS SECTION. ANY  FINANCIAL  ASSISTANCE  AWARDED
SHALL  BE  PROVIDED FROM THE MOTOR CARRIER SAFETY AND SECURITY REVOLVING
LOAN  FUND  ESTABLISHED  PURSUANT  TO SECTION NINETY-NINE-T OF THE STATE
FINANCE LAW.
  3. ELIGIBLE APPLICANTS SHALL MEAN OWNERS AND OPERATORS OF PRIVATE REST
AREAS, TRUCK STOPS, TRAVEL PLAZAS, AND ANY OTHER FACILITY WHICH PROVIDES
MOTOR CARRIERS WITH A SAFE PLACE TO REST  WHILE  WAITING  FOR  SCHEDULED
APPOINTMENTS AND/OR COMPLYING WITH FEDERAL HOURS OF SERVICE REGULATIONS.
  4.  ELIGIBLE PROJECTS SHALL INCLUDE: (A) THE PURCHASE AND INSTALLATION
OF NEW SECURITY SYSTEMS, INCLUDING BUT NOT LIMITED TO ALARMS  AND  VIDEO
SURVEILLANCE  EQUIPMENT;  (B)  THE  PURCHASE  AND INSTALLATION OF NEW OR
IMPROVED LIGHTING EQUIPMENT TO PROVIDE ENHANCED  VISIBILITY  IN  PARKING
AREAS;  (C) HIRING OR OTHERWISE MAINTAINING SECURITY GUARDS THAT PROVIDE
REGULAR PATROLS OF THE ENTIRE FACILITY;  (D)  THE  CONSTRUCTION  OF  NEW
PARKING  FACILITIES;  AND  (E)  UPGRADING AND IMPROVING EXISTING PARKING
FACILITIES.
  5. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
LISHING:  (A)  AN  APPLICATION  PROCESS  WHEREBY ELIGIBLE APPLICANTS MAY
APPLY FOR LOANS; (B) CRITERIA AND STANDARDS FOR  DETERMINING  AN  APPLI-
CANT'S  ELIGIBILITY FOR A LOAN; (C) CRITERIA AND STANDARDS TO BE USED IN
DETERMINING THE AMOUNT OF FINANCIAL ASSISTANCE TO BE  PROVIDED  TO  EACH
APPLICANT;  AND (D) CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE
LOAN REPAYMENT PERIODS AND THE TERMS OF REPAYMENT AGREEMENTS.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  PREVENT  APPLICANTS
WHO  HAVE  RECEIVED  TAX  CREDITS  PURSUANT  TO SUBDIVISION FORTY-ONE OF
SECTION TWO HUNDRED TEN OF THE TAX LAW FROM PARTICIPATING IN  THE  MOTOR
CARRIER  SAFETY  AND  SECURITY REVOLVING LOAN PROGRAM OFFERED UNDER THIS
SECTION.
  S 4. The state finance law is amended by adding a new section 99-t  to
read as follows:
  S  99-T.  MOTOR  CARRIER  SAFETY  AND SECURITY REVOLVING LOAN FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
TROLLER  AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE MOTOR CARRIER SAFETY AND SECURITY REVOLVING LOAN FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES TRANSFERRED TO SUCH FUND  PURSUANT  TO  LAW  AND  ALL  MONIES
REQUIRED  TO BE PAID INTO OR CREDITED TO THIS FUND, INCLUDING ALL MONIES
RECEIVED BY THE FUND OR DONATED TO IT, AND PAYMENT OF PRINCIPAL ON LOANS
MADE FROM THE FUND.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO  THE
COMMISSIONER  OF TRANSPORTATION TO PROVIDE LOANS PURSUANT TO SECTION ONE
HUNDRED FORTY-A OF THE TRANSPORTATION LAW.
  S 5. Section 210 of the tax law is amended by adding a new subdivision
41 to read as follows:
  41. CREDIT FOR PROVIDING A SAFE HARBOR FOR MOTOR CARRIERS.    (A)  FOR
TAXABLE  YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,
A QUALIFYING TAXPAYER SHALL BE ALLOWED A  CREDIT  AGAINST  ANY  TAX  DUE
UNDER THIS ARTICLE IN AN AMOUNT OF TWENTY PERCENT.
  (B)  (1) FOR THE PURPOSES OF THIS SUBDIVISION, A "QUALIFYING TAXPAYER"
ALLOWED A CREDIT SHALL MEAN A TAXPAYER ENGAGED IN  THE  SHIPPING  AND/OR
RECEIVING  OF  ANY  COMMODITIES  VIA  A MOTOR CARRIER, OR AN INDIVIDUAL,
EITHER OF WHICH PROVIDES QUALIFYING MOTOR  CARRIERS  SERVICES  AT  THEIR
FACILITIES  THAT  PROVIDE A SECURE AREA IN WHICH SUCH MOTOR CARRIERS MAY

A. 11095                            3

WAIT FOR PENDING APPOINTMENTS OR TO COMPLY WITH FEDERAL HOURS OF SERVICE
REGULATIONS.
  (2) FOR THE PURPOSES OF THIS SUBDIVISION, A "QUALIFYING MOTOR CARRIER"
SHALL  MEAN  A  MOTOR  CARRIER THAT IS NOT EMPLOYED BY THE TAXPAYER OR A
COMPANY OR CORPORATION THAT IS AFFILIATED WITH THE TAXPAYER.
  (C) QUALIFYING TAXPAYERS WHO APPLY FOR AND  RECEIVE  SUCH  CREDIT  FOR
PROVIDING  SAFE HARBOR FOR MOTOR CARRIERS SHALL NOT BE LIABLE FOR INJURY
OR DEATH TO ANY PERSON OR FOR ANY PROPERTY DAMAGE OCCURRING ON OR AT THE
FACILITY PROVIDED, HOWEVER, THAT SUCH TAXPAYER SHALL  NOT  BE  PROTECTED
FROM  LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL, AND RECKLESS MISCON-
DUCT OF SUCH TAXPAYER.
  S 6. Section 210 of the tax law is amended by adding a new subdivision
42 to read as follows:
  42. CREDIT FOR SECURITY UPGRADES  AND  PARKING  IMPROVEMENTS  AT  REST
AREAS.  (A)  FOR  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND ELEVEN, A QUALIFYING TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST
ANY TAX DUE UNDER THIS ARTICLE IN AN AMOUNT EQUAL TO  FIFTY  PERCENT  OF
THE TOTAL EXPENDITURES FOR THE PURCHASE, INSTALLATION AND/OR MAINTENANCE
OF  A  QUALIFYING  PROJECT  OR PROJECTS THAT ARE INTENDED TO IMPROVE THE
SAFETY AND SECURITY OF FACILITIES OPERATED BY QUALIFYING TAXPAYERS.
  (B) FOR THE PURPOSES OF THIS SUBDIVISION A "QUALIFYING TAXPAYER" SHALL
MEAN OWNERS AND OPERATORS OF PRIVATE REST  AREAS,  TRUCK  STOPS,  TRAVEL
PLAZAS  AND ANY OTHER FACILITY WHICH PROVIDES MOTOR CARRIERS WITH A SAFE
PLACE TO REST WHILE WAITING FOR SCHEDULED APPOINTMENTS AND/OR  COMPLYING
WITH FEDERAL HOURS OF SERVICE REGULATIONS.
  (C)  FOR PURPOSES OF THIS SUBDIVISION, A "QUALIFYING PROJECT" INCLUDES
THE FOLLOWING:
  (1) THE PURCHASE AND INSTALLATION OF NEW SECURITY  SYSTEMS,  INCLUDING
BUT NOT LIMITED TO ALARMS AND VIDEO SURVEILLANCE EQUIPMENT;
  (2)  THE  PURCHASE AND INSTALLATION OF NEW OR IMPROVED LIGHTING EQUIP-
MENT TO PROVIDE ENHANCED VISIBILITY IN PARKING AREAS;
  (3) HIRING OR OTHERWISE MAINTAINING SECURITY GUARDS THAT PROVIDE REGU-
LAR PATROLS OF THE ENTIRE FACILITY;
  (4) THE CONSTRUCTION OF NEW PARKING FACILITIES; AND
  (5) UPGRADING AND IMPROVING EXISTING PARKING FACILITIES.
  (D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PREVENT  TAXPAY-
ERS WHO HAVE RECEIVED FUNDING THROUGH THE MOTOR CARRIER SAFETY AND SECU-
RITY  REVOLVING  LOAN  PROGRAM  FROM  BEING  ELIGIBLE FOR THE TAX CREDIT
OFFERED IN THIS SECTION.
  S 7. The public authorities law is amended by adding a new section 388
to read as follows:
  S 388. "BULL PEN" DEMONSTRATION PROGRAM.  1.  THE  COMMISSIONER  SHALL
INITIATE  A  PROGRAM  FOR THE ESTABLISHMENT OF ADDITIONAL REST AREAS FOR
COMMERCIAL TRUCK DRIVERS ALONG THE NEW YORK STATE THRUWAY.
  2. IN PURSUING THE DEVELOPMENT OF  SUCH  FACILITIES  THE  COMMISSIONER
SHALL WORK IN CONSULTATION WITH REPRESENTATIVES OF THE NEW YORK TRUCKING
INDUSTRY  TO  ASSESS POTENTIAL SITE OPTIONS WITH AN EMPHASIS ON ADAPTIVE
REUSE AND/OR MODIFICATION OF EXISTING INFRASTRUCTURE AND CAPITAL FACILI-
TIES TO MAXIMIZE THE AVAILABILITY OF REST AREA SERVICES IN THE MOST COST
EFFECTIVE MANNER POSSIBLE.
  3. IN  CONCERT  WITH  THE  AFOREMENTIONED  INVENTORYING  AND  PLANNING
EFFORTS,  THE COMMISSIONER SHALL INITIATE A DEMONSTRATION BULL PEN PILOT
PROJECT WHICH SHALL TEST THE AFFORDABILITY AND EFFECTIVENESS OF DEVELOP-
ING DEDICATED PARKING FACILITIES AS A LOW COST OPTION FOR OFFERING  SAFE
HARBOR  FOR  TRUCK  DRIVERS IN NEW YORK STATE.  SUCH FACILITIES SHALL BE
EQUIPPED WITH FENCING, SECURITY CAMERAS, GATED ENTRANCES, ELECTRIC HOOK-

A. 11095                            4

UPS FOR POWERING APPLIANCES AND EQUIPMENT IN INDIVIDUAL TRUCK CABINS AND
TRUCK DRIVER SLEEPER QUARTERS AND LIMITED  LAVATORY  ACCOMMODATIONS.  IN
PURSUING  SUCH FACILITIES, THE COMMISSIONER SHALL CONSIDER THE POTENTIAL
FOR  UTILIZING E-ZPASS TECHNOLOGY AS A MEANS FOR ENHANCING PUBLIC SAFETY
AND SECURITY.
  S 8. This act shall take effect immediately.

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Assembly Bill A11095

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A11095 (ACTIVE) - Details

2009-A11095 (ACTIVE) - Summary

2009-A11095 (ACTIVE) - Sponsor Memo

2009-A11095 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A11095

Share this bill

Sponsored By

LOPEZ P

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

James Bacalles

George Amedore

Stephen Hawley

David Weprin

multi-Sponsors

Nancy Calhoun

Brian Kolb

Joseph Saladino

Teresa Sayward

2009-A11095 (ACTIVE) - Details

2009-A11095 (ACTIVE) - Summary

2009-A11095 (ACTIVE) - Sponsor Memo

2009-A11095 (ACTIVE) - Bill Text download pdf

Comments