NY State Senate Bill 2013-S5921

Senate Bill S5921

2013-2014 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to transportation
Jul 29, 2013	referred to rules

2013-S5921 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §318, Hway L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3418
2017-2018: S442

2013-S5921 (ACTIVE) - Summary

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.

2013-S5921 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5921

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, and preventable incident, Charles Hitchcock, Jr. of
Knapp Creek, NY 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:

2011-2012:  S.765 Referred to Transportation
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.

2013-S5921 (ACTIVE) - Bill Text download pdf

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

                                  5921

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              July 29, 2013
                               ___________

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

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.
                                                           LBD11661-01-3

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