Add §3909, Pub Health L; add §92-kk, St Fin L; add §630-l, Tax L
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.
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.
