senate Bill S765

2011-2012 Legislative Session

Directs the department of state to provide municipalities with reimbursement for 75% of the costs of making road equipment less likely to rollover

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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 04, 2012 referred to transportation
Jan 05, 2011 referred to transportation

S765 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Highway Law
Laws Affected:
Add §318, Hway L
Versions Introduced in 2009-2010 Legislative Session:
S2206

S765 - Bill Texts

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Directs the department of state to provide municipalities with reimbursement for 75% of the costs of making road, construction and excavation equipment less likely to rollover.

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BILL NUMBER:S765

TITLE OF BILL:

An act
to amend the highway law, in relation to providing state reimbursement
for a portion of the expenses of retrofitting municipal construction and
road equipment to prevent rollovers

PURPOSE:

This legislation creates a retrofit rebate program for local
municipalities to retrofit unprotected construction and/or road
equipment to prevent rollovers of such equipment.

SUMMARY OF PROVISIONS:

This legislation creates a retrofit rebate program for local
municipalities to retrofit unprotected construction and/or road
equipment to prevent rollovers of such equipment. This retrofit
rebate program will provide local municipalities with a 75% rebate
for purchase and installation expenses to retrofit a piece of
construction, excavation and/or road equipment owned by a local
government(s) to prevent overturns of such equipment.
The Department of State will determine what protective equipment is
sufficient/suitable for rollover protection on construction and
excavating machinery. The Department will also define what
construction and excavating machinery is eligible for funding.

JUSTIFICATION:

This legislation, Charlie's Law, creates a retrofit rebate program
which provides local municipalities with a 75% rebate for purchase
and installation expenses to retrofit a piece of construction,
excavation and/or road equipment owned by a local government(s) to
prevent overturns of such equipment.
In an unfortunate incident, Charles Hitchcock, Jr. of Knapp Creek was
killed in a work-related accident in July 2007 when the rolling
compactor he was operating overturned. His death could have been
avoided had a roll-bar been installed on his equipment.· According to
the Bureau of Labor Statistics of the U.S. Department of Labor, fatal
highway construction incidents remained the most frequent type of
fatal work-related event, accounting for nearly one out of four fatal
work injuries in 2006. This legislative incentive will enable our
local governments to keep their construction employees safe and give
workers and their families peace of mind while their loved ones are
working in the construction industry.

LEGISLATIVE HISTORY:

2009-2010: S.2206 Referred to Transportation
2008: S.7682 Passed Senate

FISCAL IMPLICATIONS:

Undetermined at this time.


EFFECTIVE DATE:

January 1 succeeding enactment into law.

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

                                   765

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to  amend  the  highway  law,  in  relation  to  providing  state
  reimbursement  for a portion of the expenses of retrofitting municipal
  construction and road equipment to prevent rollovers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The highway law is amended by adding a new section 318 to
read as follows:
  S 318. MUNICIPAL EQUIPMENT ROLLOVER PREVENTION;  STATE  REIMBURSEMENT.
1.  THE DEPARTMENT OF STATE, ACTING BY AND THROUGH ITS DIVISION OF LOCAL
GOVERNMENT, SHALL ESTABLISH A PROGRAM WHICH PROVIDES  COUNTIES,  CITIES,
TOWNS  AND  VILLAGES  WITH REIMBURSEMENT FOR SEVENTY-FIVE PERCENT OF THE
COSTS AND  EXPENSES,  INCLUDING  PROGRAM  AND  ADMINISTRATIVE  EXPENSES,
INCURRED  IN  THE PURCHASE AND INSTALLATION OF PARTS AND EQUIPMENT WHICH
PREVENT THE ROLLOVER OF ANY CONSTRUCTION, EXCAVATION OR  ROAD  EQUIPMENT
OWNED AND OPERATED BY SUCH MUNICIPALITY.
  2.  THE  SECRETARY  OF STATE IS AUTHORIZED TO PROMULGATE ANY RULES AND
REGULATIONS NECESSARY TO  IMPLEMENT  THE  PROVISIONS  OF  THIS  SECTION,
INCLUDING  DETERMINING WHICH CONSTRUCTION, EXCAVATION AND ROAD EQUIPMENT
SHALL BE ELIGIBLE FOR REIMBURSEMENT.
  3. ONLY EQUIPMENT OWNED AND OPERATED BY A MUNICIPALITY  PRIOR  TO  THE
EFFECTIVE  DATE  OF  THIS  SECTION  SHALL  BE ELIGIBLE FOR REIMBURSEMENT
PURSUANT TO THIS SECTION.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02502-01-1

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