senate Bill S2359A

2011-2012 Legislative Session

Creates various programs to protect safety of truck drivers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2012 print number 2359a
amend and recommit to transportation
Jan 04, 2012 referred to transportation
Jan 19, 2011 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2359 - Bill Details

See Assembly Version of this Bill:
A3471A
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Add §140-a, Transp L; add §99-u, St Fin L; amd §210, Tax L; add §389, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S8113, A11095

S2359 - Bill Texts

view summary

Enacts Jason's Law; relates to programs that promote and protect the safety of truck drivers in New York state.

view sponsor memo
BILL NUMBER:S2359

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:
The purpose of the legislation is to create various programs
designed to protect the safety of truck drivers in the state.

SUMMARY OF 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
facilities 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 who are transporting
these essential products have a safe place to rest while they are
waiting for pending appointments or in order to comply with federal
hours of service regulations. Federal law mandates that 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
businesses 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 interest free financing for safety and
security upgrades. Further, the legislation 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
Schumer have introduced legislation that would authorize $20 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 effectively expend the federal dollars should the federal
bill become law.

LEGISLATIVE HISTORY:
S.8113 of 2010.

FISCAL IMPLICATIONS:
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.


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

                                  2359

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05848-01-1

S. 2359                             2

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.
  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-THREE 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 two new  subdivi-
sions 43 and 44 to read as follows:
  43.  CREDIT  FOR  PROVIDING A SAFE HARBOR FOR MOTOR CARRIERS.  (A) FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWELVE,
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

S. 2359                             3

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
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.
  44. CREDIT FOR SECURITY UPGRADES  AND  PARKING  IMPROVEMENTS  AT  REST
AREAS.  (A)  FOR  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWELVE, 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 6. 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

S. 2359                             4

EQUIPPED WITH FENCING, SECURITY CAMERAS, GATED ENTRANCES, ELECTRIC HOOK-
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 7. This act shall take effect immediately.

Co-Sponsors

S2359A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3471A
Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Add §140-a, Transp L; add §99-u, St Fin L; amd §210, Tax L; add §389, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S8113, A11095

S2359A (ACTIVE) - Bill Texts

view summary

Enacts Jason's Law; relates to programs that promote and protect the safety of truck drivers in New York state.

view sponsor memo
BILL NUMBER:S2359A

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:
The purpose of the legislation is to create various programs
designed to protect the safety of truck drivers in the state.

SUMMARY OF 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-u 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 2
new subdivisions 45 and 46
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 the public authorities law by adding a
new section 389 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
facilities 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 7 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 who are transporting
these essential products have a safe place to rest while they are
waiting for pending appointments or in order to comply with federal
hours of service regulations. Federal law mandates that 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
businesses 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 interest free financing for safety and
security upgrades. Further, the legislation 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
Schumer have introduced legislation that would authorize $20 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 effectively expend the federal dollars should the federal
bill become law.

LEGISLATIVE HISTORY:
S.8113 of 20l0.

FISCAL IMPLICATIONS:
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2359--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05848-02-2

S. 2359--A                          2

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.
  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-U 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-FIVE 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-u  to
read as follows:
  S  99-U.  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 two new  subdivi-
sions 45 and 46 to read as follows:
  45.  CREDIT  FOR  PROVIDING A SAFE HARBOR FOR MOTOR CARRIERS.  (A) FOR
TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  THIR-

S. 2359--A                          3

TEEN,  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
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.
  46.  CREDIT  FOR  SECURITY  UPGRADES  AND PARKING IMPROVEMENTS AT REST
AREAS. (A) FOR TAXABLE YEARS BEGINNING ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND  THIRTEEN,  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 6. The public authorities law is amended by adding a new section 389
to read as follows:
  S 389. "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.

S. 2359--A                          4

  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-
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 7. This act shall take effect immediately.

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