Bill Text: NY S06243 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs the center for agricultural medicine and health to design and create silo safety warning placards and a silo safety advocacy program; creates a silo safety fund and state income tax gift option for funding of such placards and advocacy program.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S06243 Detail]

Download: New_York-2023-S06243-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6243

                               2023-2024 Regular Sessions

                    IN SENATE

                                      April 6, 2023
                                       ___________

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

        AN ACT to amend the public health law,  in  relation  to  creating  silo
          safety  warning  placards  and  a silo safety advocacy program; and to
          amend the state finance law and the tax law, in relation to funding of
          such placards and advocacy program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Garrett's Law".
     3    § 2. The public health law is amended by adding a new section 3909  to
     4  read as follows:
     5    §  3909.  Silo  safety  placards  and advocacy programs. 1. The center
     6  shall design and create a placard for conspicuous placement  on  oxygen-
     7  limiting  silos  in  this  state  for the purpose of notifying emergency
     8  responders to the dangers of such silos. Such placard shall be  designed
     9  to  be  easily attachable to the exterior of an oxygen-limiting silo and
    10  shall contain the following language: "DANGER: DO  NOT  ENTER!  LACK  OF
    11  OXYGEN  AND  PRESENCE OF TOXIC GASES MAY CAUSE IMMEDIATE UNCONSCIOUSNESS
    12  AND DEATH DUE TO RESPIRATORY PARALYSIS. DO NOT  ADD  WATER.  WATER  WILL
    13  CAUSE AN EXPLOSION!".
    14    2.  Upon  request  from  any  owner of an oxygen-limiting silo in this
    15  state, the center shall deliver to such owner a placard created pursuant
    16  to subdivision one of this section, at no cost to such owner.
    17    3. The center shall establish a silo safety advocacy program to:
    18    (a) notify all farmers and other owners of  oxygen-limiting  silos  in
    19  this  state  of  the  availability  of  the placards created pursuant to
    20  subdivision one of this section, and of  the  importance  of  displaying
    21  such placards; and
    22    (b)  educate  first  responders in the state on how to avoid injury or
    23  death when responding to emergencies involving oxygen-limiting silos.
    24    4. Notwithstanding the provisions of this section,  the  center  shall
    25  not  design  and create silo safety placards pursuant to subdivision one
    26  of this section, deliver any placards pursuant  to  subdivision  two  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10099-02-3
        S. 6243                             2

     1  this  section, or establish the advocacy program pursuant to subdivision
     2  three of this section, until a determination is made by the  board  that
     3  enough  money  exists  in  the  silo safety fund established pursuant to
     4  section  ninety-two-kk  of the state finance law to fund such activities
     5  in perpetuity.
     6    § 3. The state finance law is amended by adding a new section 92-kk to
     7  read as follows:
     8    § 92-kk. Silo safety fund. 1. A special fund to be known as the  "silo
     9  safety  fund"  is  hereby  established in the custody of the state comp-
    10  troller and the commissioner of taxation and finance.
    11    2. The fund shall consist of  all  monies  transferred  to  such  fund
    12  pursuant  to law, all monies required by any provision of law to be paid
    13  into or credited to the fund, all monies from gifts pursuant to  section
    14  six hundred thirty-l of the tax law, and any interest earnings which may
    15  accrue  from  the investment of monies in the fund. Nothing contained in
    16  this section shall prevent the state from receiving  grants,  gifts,  or
    17  bequests  for  the  purposes  of the fund as defined in this section and
    18  depositing them into the fund according to law.
    19    3. On or before the first day of February each year, the  director  of
    20  the  center for agricultural medicine and health shall provide a written
    21  report to the temporary president of the senate, speaker of  the  assem-
    22  bly,  chair  of the senate finance committee, chair of the assembly ways
    23  and means committee, the state comptroller and the public.  Such  report
    24  shall  include  how  the  monies  of  the  fund were utilized during the
    25  preceding calendar year, and shall include:
    26    (a) the amount of money disbursed from the fund;
    27    (b) the use of monies disbursed from the fund; and
    28    (c) a summary financial plan for such monies which shall include esti-
    29  mates of all receipts and all disbursements for the current and succeed-
    30  ing fiscal years, along with the actual results from  the  prior  fiscal
    31  year.
    32    4.  Monies  of  the  fund,  when  allocated, shall be available to the
    33  center for agricultural medicine and health for  the  design,  creation,
    34  and  distribution  of  oxygen-limiting  silo safety placards pursuant to
    35  section thirty-nine hundred nine of the public health law, and  for  the
    36  advocacy program created pursuant to such section.
    37    5.  Monies  shall be payable from the fund on the audit and warrant of
    38  the comptroller on vouchers approved and certified by  the  director  of
    39  the center for agricultural medicine and health.
    40    §  4.  The tax law is amended by adding a new section 630-l to read as
    41  follows:
    42    § 630-l. Gift for  silo  safety  fund.  Effective  for  any  tax  year
    43  commencing  on  or  after  January  first, two thousand twenty-three, an
    44  individual in any taxable year may elect to contribute to the silo safe-
    45  ty fund established pursuant  to  section  ninety-two-kk  of  the  state
    46  finance  law.  Such contribution shall be in any whole dollar amount and
    47  shall not reduce the amount of state tax owed by  such  individual.  The
    48  commissioner  shall include space on the personal income tax return form
    49  to enable a taxpayer to make such  contribution.    Notwithstanding  any
    50  other  provision of law, all revenues collected pursuant to this section
    51  shall be paid to the silo safety fund established pursuant to, and  used
    52  only  for  those  purposes  enumerated  in, section ninety-two-kk of the
    53  state finance law.
    54    § 5. This act shall take effect immediately.