NY State Senate Bill 2009-S541

Senate Bill S541

2009-2010 Legislative Session

Requires persons convicted of driving while intoxicated who are injured as a result and medically transported to a hospital to pay for same before license reissuance

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

2009-S541 (ACTIVE) - Details

See Assembly Version of this Bill:: A5345
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1193, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1930
2013-2014: S3516

2009-S541 (ACTIVE) - Summary

Requires persons convicted of driving while intoxicated who are injured as a result of such offense and are medically transported to a hospital to pay for such medical transport and other pre-hospital medical bills before they apply to have their licenses to drive reissued to them.

2009-S541 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S541

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring
persons convicted of driving while intoxicated who are injured as a
result of such offense and who are medically transported to a hospital
to pay for such transport and other pre-hospital medical bills before
their license to drive can be reissued to them


 PURPOSE :
The intent of this bill is to ensure that EMS providers are
financially compensated for transport services that they perform for
individuals who are injured as a result of committing a DWI offense.

 SUMMARY OF PROVISIONS :
Section 1. Paragraph (c) of subdivision 2 of section 1193 of the
vehicle and traffic law is amended by adding a new subparagraph 4
which states that no person who has been convicted of committing a DWI
offense which has resulted in the transport of such person by
ambulance or helicopter can have their license restored or renewed
until they have submitted proof of payment for such transport and any
other pre-hospital medical expenses.

Section 2. Paragraph (c) of subdivision 2 of section 1193 of the
vehicle and traffic law, as amended by section 8 of chapter 732 of the

laws of 2006, is amended by stating the same.

Section 3. Sets the effective date.

 EXISTING LAW :
Existing law makes no such provisions.

 JUSTIFICATION :
In 1996 there were 7,048 DWI related accidents in New York State which
resulted in 10,050 injuries and 320 deaths.  Continuous efforts by the
New York State Legislature to create stricter DWI laws have worked to
significantly lower the incidence of DWI offenses in our state.
However, drunk drivers continue to wreak havoc on our communities. The
numbers of accidents, injuries, and fatalities that are the result of
alcohol induced recklessness are still too great.

Everyday emergency medical service providers place their lives on the
line in an effort to protect the health and safety of their
communities. Often, those who injure themselves while driving
intoxicated require transport by ambulance or helicopter, and
recurrently these offenders do not pay EMS for the cost of transport.
These brave and hard working individuals deserve to be compensated for
their services, especially in cases where individuals have recklessly
injured themselves and others by committing a DWI offense.

Emergency transport services provide lifesaving assistance,
transporting critically ill or injured adults and children regardless
of their ability to pay for such services. Many insurance companies do
not pay for emergency medical transport services, and of those that
do, the full cost of transport is generally not covered.
Additionally, many New Yorkers have no medical insurance. As a result,
loss of revenue for emergency transport providers is substantial.

Receipt of payment is essential in maintaining EMS services. Lack of
payment jeopardizes the existence of these much needed services. We
must not allow drunk drivers to further threaten our safety by
refusing to pay for EMS services.

This legislation takes a hard stance with DWI offenders, and sends the
message that New York State does not tolerate drunk drivers. It
continues this legislature's tradition of using tough methods to
combat this life threatening problem. It is one more step in the fight
to end the senseless injury and death that is too often the result of
driving under the influence of alcohol.

 LEGISLATIVE HISTORY :
2005-2006: S.2274 - Transportation; 2003-2004:  S.42-A Rules
(Alcoholism and Drug Abuse); 2007-2008 - Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first day of September 1, 2010.

2009-S541 (ACTIVE) - Bill Text download pdf

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

                                   541

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  persons  convicted  of  driving while intoxicated who are injured as a
  result of such offense and who are medically transported to a hospital
  to pay for such transport and other pre-hospital medical bills  before
  their license to drive can be reissued to them

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

  Section 1. Paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law is amended by adding a new subparagraph 4 to read as
follows:
  (4) IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A FORMER  LICENSE  BE
RESTORED  TO  A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVI-
SION TWO OR THREE, OR BOTH SUBDIVISION TWO  AND  SUBDIVISION  THREE,  OF
SECTION  ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WHERE PHYSICAL INJURY
TO SUCH  CONVICTED  PERSON  RESULTED  FROM  SUCH  OFFENSE  WHICH  INJURY
RESULTED  IN  THE TRANSPORT OF SUCH PERSON BY AMBULANCE OR OTHER MEDICAL
TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR  SUCH  TRANSPORT  AND  ANY
OTHER  PRE-HOSPITAL  MEDICAL  EXPENSES  HAVE BEEN PAID PRIOR TO THE DATE
SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR RESTORATION OF  THE  FORMER
LICENSE  AND  UNLESS  PROOF OF THE PAYMENT OF SUCH BILLS IS SUBMITTED TO
THE DEPARTMENT WITH SUCH APPLICATION.
  S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by section 8 of chapter 732 of the laws of 2006,
is amended to read as follows:
  (c) Reissuance of licenses; restrictions. Where a license  is  revoked
pursuant  to  paragraph (b) of this subdivision, no new license shall be
issued after the expiration of the  minimum  period  specified  in  such
paragraph,  except  in  the  discretion  of  the commissioner; provided,

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

                                                           LBD02234-01-9

S. 541                              2

however, that in no event shall a new license be issued where  a  person
has  been  twice  convicted of a violation of subdivision three, four or
four-a of section eleven hundred ninety-two of this article or of  driv-
ing while intoxicated or of driving while ability is impaired by the use
of a drug or of driving while ability is impaired by the combined influ-
ence of drugs or of alcohol and any drug or drugs where physical injury,
as  defined  in  section  10.00 of the penal law, has resulted from such
offense in each instance. IN NO EVENT SHALL A NEW LICENSE BE ISSUED OR A
FORMER LICENSE BE RESTORED TO A PERSON  WHO  HAS  BEEN  CONVICTED  OF  A
VIOLATION  OF  SUBDIVISION  TWO  OR  THREE,  OR BOTH SUBDIVISION TWO AND
SUBDIVISION THREE, OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS  ARTICLE
WHERE  PHYSICAL  INJURY  TO  SUCH  CONVICTED  PERSON  RESULTED FROM SUCH
OFFENSE WHICH INJURY RESULTED IN THE TRANSPORT OF SUCH PERSON  BY  AMBU-
LANCE  OR  OTHER  MEDICAL  TRANSPORT TO A HOSPITAL, UNLESS ALL BILLS FOR
SUCH TRANSPORT AND ANY OTHER PRE-HOSPITAL  MEDICAL  EXPENSES  HAVE  BEEN
PAID  PRIOR  TO  THE  DATE  SUCH PERSON APPLIES FOR A NEW LICENSE OR FOR
RESTORATION OF THE FORMER LICENSE AND UNLESS PROOF  OF  THE  PAYMENT  OF
SUCH BILLS IS SUBMITTED TO THE DEPARTMENT WITH SUCH APPLICATION.
  S  3.  This act shall take effect September 1, 2010, provided that the
amendment to paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law made by section one of this act shall be subject  to
the  expiration and reversion of such paragraph pursuant to section 9 of
chapter 533 of the laws of 1993, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

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