NY State Senate Bill 2023-S6243

Senate Bill S6243

2023-2024 Legislative Session

Directs the center for agricultural medicine and health to create silo safety warning placards and a silo safety advocacy program; and relates to funding of such placards and advocacy program

download bill text pdf

Current Bill Status - In Senate Committee Health 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 03, 2024	referred to health
Apr 06, 2023	referred to health

co-Sponsors

2023-S6243 (ACTIVE) - Details

See Assembly Version of this Bill:: A6734
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3909, Pub Health L; add §92-kk, St Fin L; add §630-l, Tax L

2023-S6243 (ACTIVE) - Summary

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.

2023-S6243 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6243

SPONSOR: WALCZYK
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would create a silo safety advocacy program

 
SUMMARY OF PROVISIONS:

Section 1: Names the bill "Garrett's Law"

Section 2: Amends the public health law by adding a new section (3909)

Section 3: Amends the state finance law

Section 4: Amends the tax law

Section 5: Sets the effective date

 
JUSTIFICATION:

Garrett W. Loomis was a dedicated public servant who joined the Sackets
Harbor Fire Department at age 18. He attended the New York State Fire
Academy at Montour Falls for education before landing with the City of
Wilmington, North Carolina Fire Department. After spending two years
there, he came home to the Fort Drum Fire Department and returned to
volunteer with the Sackets Harbor Fire Department. Unfortunately,
Garrett passed away while on a fire call.  He was attempting to put out
a fire in an oxygen limiting silo. He closed the hatch of the silo in an
effort to contain the blaze. This action had the opposite effect; the
stored energy in the silo led to an explosion, which lead to his untime-
ly death.

The decision making of firefighters is only as good as the information
they are presented with. This bill would direct New York State to create
placards containing critical information about how to not deal with
fires in oxygen limiting silos. Such information may have potentially
saved the life of Garrett Loomis. It is imperative that the state create
these placards for the existing oxygen limiting silos of the state so
this unfortunate tragedy is never repeated.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6243 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6243
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Garrett's Law".
   § 2. The public health law is amended by adding a new section 3909  to
 read as follows:
   §  3909.  SILO  SAFETY  PLACARDS  AND ADVOCACY PROGRAMS. 1. THE CENTER
 SHALL DESIGN AND CREATE A PLACARD FOR CONSPICUOUS PLACEMENT  ON  OXYGEN-
 LIMITING  SILOS  IN  THIS  STATE  FOR THE PURPOSE OF NOTIFYING EMERGENCY
 RESPONDERS TO THE DANGERS OF SUCH SILOS. SUCH PLACARD SHALL BE  DESIGNED
 TO  BE  EASILY ATTACHABLE TO THE EXTERIOR OF AN OXYGEN-LIMITING SILO AND
 SHALL CONTAIN THE FOLLOWING LANGUAGE: "DANGER: DO  NOT  ENTER!  LACK  OF
 OXYGEN  AND  PRESENCE OF TOXIC GASES MAY CAUSE IMMEDIATE UNCONSCIOUSNESS
 AND DEATH DUE TO RESPIRATORY PARALYSIS. DO NOT  ADD  WATER.  WATER  WILL
 CAUSE AN EXPLOSION!".
   2.  UPON  REQUEST  FROM  ANY  OWNER OF AN OXYGEN-LIMITING SILO IN THIS
 STATE, THE CENTER SHALL DELIVER TO SUCH OWNER A PLACARD CREATED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, AT NO COST TO SUCH OWNER.
   3. THE CENTER SHALL ESTABLISH A SILO SAFETY ADVOCACY PROGRAM TO:
   (A) NOTIFY ALL FARMERS AND OTHER OWNERS OF  OXYGEN-LIMITING  SILOS  IN
 THIS  STATE  OF  THE  AVAILABILITY  OF  THE PLACARDS CREATED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, AND OF  THE  IMPORTANCE  OF  DISPLAYING
 SUCH PLACARDS; AND
   (B)  EDUCATE  FIRST  RESPONDERS IN THE STATE ON HOW TO AVOID INJURY OR
 DEATH WHEN RESPONDING TO EMERGENCIES INVOLVING OXYGEN-LIMITING SILOS.
   4. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION,  THE  CENTER  SHALL
 NOT  DESIGN  AND CREATE SILO SAFETY PLACARDS PURSUANT TO SUBDIVISION ONE
 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
 
 THIS  SECTION, OR ESTABLISH THE ADVOCACY PROGRAM PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION, UNTIL A DETERMINATION IS MADE BY THE  BOARD  THAT
 ENOUGH  MONEY  EXISTS  IN  THE  SILO SAFETY FUND ESTABLISHED PURSUANT TO
 SECTION  NINETY-TWO-KK  OF THE STATE FINANCE LAW TO FUND SUCH ACTIVITIES
 IN PERPETUITY.
   § 3. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   § 92-KK. SILO SAFETY FUND. 1. A SPECIAL FUND TO BE KNOWN AS THE  "SILO
 SAFETY  FUND"  IS  HEREBY  ESTABLISHED IN THE CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
   2. THE FUND SHALL CONSIST OF  ALL  MONIES  TRANSFERRED  TO  SUCH  FUND
 PURSUANT  TO LAW, ALL MONIES REQUIRED BY ANY PROVISION OF LAW TO BE PAID
 INTO OR CREDITED TO THE FUND, ALL MONIES FROM GIFTS PURSUANT TO  SECTION
 SIX HUNDRED THIRTY-L OF THE TAX LAW, AND ANY INTEREST EARNINGS WHICH MAY
 ACCRUE  FROM  THE INVESTMENT OF MONIES IN THE FUND. NOTHING CONTAINED IN
 THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS,  OR
 BEQUESTS  FOR  THE  PURPOSES  OF THE FUND AS DEFINED IN THIS SECTION AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  DIRECTOR  OF
 THE  CENTER FOR AGRICULTURAL MEDICINE AND HEALTH SHALL PROVIDE A WRITTEN
 REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE  ASSEM-
 BLY,  CHAIR  OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.  SUCH  REPORT
 SHALL  INCLUDE  HOW  THE  MONIES  OF  THE  FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
   (B) THE USE OF MONIES DISBURSED FROM THE FUND; AND
   (C) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   4.  MONIES  OF  THE  FUND,  WHEN  ALLOCATED, SHALL BE AVAILABLE TO THE
 CENTER FOR AGRICULTURAL MEDICINE AND HEALTH FOR  THE  DESIGN,  CREATION,
 AND  DISTRIBUTION  OF  OXYGEN-LIMITING  SILO SAFETY PLACARDS PURSUANT TO
 SECTION THIRTY-NINE HUNDRED NINE OF THE PUBLIC HEALTH LAW, AND  FOR  THE
 ADVOCACY PROGRAM CREATED PURSUANT TO SUCH SECTION.
   5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  DIRECTOR  OF
 THE CENTER FOR AGRICULTURAL MEDICINE AND HEALTH.
   §  4.  The tax law is amended by adding a new section 630-l to read as
 follows:
   § 630-L. GIFT FOR  SILO  SAFETY  FUND.  EFFECTIVE  FOR  ANY  TAX  YEAR
 COMMENCING  ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-THREE, AN
 INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SILO SAFE-
 TY FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-KK  OF  THE  STATE
 FINANCE  LAW.  SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND
 SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE
 COMMISSIONER  SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN FORM
 TO ENABLE A TAXPAYER TO MAKE SUCH  CONTRIBUTION.    NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION
 SHALL BE PAID TO THE SILO SAFETY FUND ESTABLISHED PURSUANT TO, AND  USED
 ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN, SECTION NINETY-TWO-KK OF THE
 STATE FINANCE LAW.
   § 5. This act shall take effect immediately.

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Senate Bill S6243

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Sponsored By

Mark Walczyk