NY State Senate Bill 2021-S8152

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
May 24, 2022	print number 8152a
May 24, 2022	amend (t) and recommit to transportation
Jan 26, 2022	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S8152 - Details

See Assembly Version of this Bill:: A9152
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §607, amd §227, V & T L; add §202-n, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S6278, A1901

2021-S8152 - Summary

Enacts the "crash victims bill of rights"; requires accident reports to be delivered to victims of accidents or their next of kin; requires victim impact statements to be delivered at traffic infraction hearings by injured parties or their next of kin; requires employers to grant leave of absence to employees delivering a victim impact statement at a traffic infraction hearing

2021-S8152 - Sponsor Memo

                                 
BILL NUMBER: S8152

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the labor law, in
relation to enacting the "crash victims bill of rights"

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 names the bill the Crash Victims Bill of Rights

Section 2 adds a new section 607 to the vehicle and traffic law to
ensure free and timely copies of all crash reports to crash victims and
next of kin of all persons killed as a result of a crash.

Section 3 amends subdivision 1 of section 227 of the vehicle and traffic
law by directing the commissioner of the Department of Motor Vehicles to
prescribe procedures for the presentation of victim impact statements by
individuals injured in a crash, and by next of kin for persons killed in
a crash at DMV hearings.

Section 4 adds a new section 202-n to the labor law to ensure that

employees are granted a leave of absence in order to provide an impact
statement at DMV hearings.

Section 5 sets an 180 day effective date.

 
JUSTIFICATION:

Over 3,000 people are killed or seriously injured in a traffic crash
every year in New York, in addition to several thousand injuries that do
not rise to the level or serious injury. Survivors and their families
can be devastated in the aftermath of a traffic crash as they deal with
law enforcement, insurance companies, medical care, loss of income,
counseling, bereavement, and other complications.  Survivors of traffic
crashes and their next of kin deserve additional rights in the aftermath
of a crash to help them begin recovering from the traumatic ordeal. This
legislation will do so by ensuring all crash victims and next of kin
are; given free and timely copies of all crash reports; afforded the
ability to provide an impact statement at DMV adjudications; and
provided with a leave of absence from their employer for the purposes of
providing an impact statement at DMV adjudications.

 
FISCAL IMPLICATIONS:

TBD

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S8152 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8152
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  and  the  labor  law,  in
   relation to enacting the "crash victims bill of rights"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  the  "crash
 victims bill of rights".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 607 to read as follows:
   § 607. REPORTS; INJURED OR KILLED PERSONS.  ANY REPORT OF AN  ACCIDENT
 REQUIRED  UNDER  THIS  ARTICLE OR UNDER THE RULES AND REGULATIONS OF THE
 COMMISSIONER, IN  WHICH  ANY  PERSON  IS  KILLED  OR  INJURED  SHALL  BE
 PROVIDED,  FREE  OF  CHARGE,  TO ALL PERSONS INJURED AS A RESULT OF SUCH
 ACCIDENT, AND TO THE NEXT OF KIN OF ALL PERSONS KILLED AS  A  RESULT  OF
 SUCH  ACCIDENT.  EACH  SUCH REPORT SHALL BE PROVIDED WITHIN TEN BUSINESS
 DAYS OF ITS RECEIPT BY THE COMMISSIONER.
   § 3. Subdivision 1 of section 227 of the vehicle and traffic  law,  as
 amended  by  chapter  337  of  the  laws  of 1970, is amended to read as
 follows:
   1. A. Every hearing for the adjudication of a traffic  infraction,  as
 provided  by  this  article,  shall  be  held  before  a hearing officer
 appointed by the commissioner. The burden of proof  shall  be  upon  the
 people,  and no charge may be established except by clear and convincing
 evidence. The commissioner may prescribe, by  rule  or  regulation,  the
 procedures for the conduct of such hearings.
   B. THE COMMISSIONER SHALL PRESCRIBE, BY RULE OR REGULATION, PROCEDURES
 FOR  PRESENTATION  OF  VICTIM  IMPACT  STATEMENTS BY INDIVIDUALS INJURED
 DURING THE COURSE OF A TRAFFIC INFRACTION, OR IN THE  CASE  OF  A  DEATH
 RESULTING FROM SUCH TRAFFIC INFRACTION, FROM THE DECEASED'S NEXT OF KIN,
 AT  HEARINGS  FOR  THE  ADJUDICATION  OF A TRAFFIC INFRACTION UNDER THIS
 SECTION.
   § 4. The labor law is amended by adding a new section 202-n to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14446-02-2
 S. 8152                             2
 
   § 202-N. LEAVE OF ABSENCE FOR TRAFFIC HEARINGS; IMPACT STATEMENTS.  1.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  MEANS  A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
 EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
 ALL  INDIVIDUALS  EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER,
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS  TWENTY  OR  MORE
 EMPLOYEES  AT AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
 PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,
 COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERN-
 MENTAL SUBDIVISION OF ANY KIND.
   2. AN EMPLOYER SHALL GRANT A LEAVE OF ABSENCE TO AN EMPLOYEE PROVIDING
 AN IMPACT STATEMENT AT A TRAFFIC INFRACTION ADJUDICATION  HEARING  UNDER
 SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW, AND WHO
 IS  ELIGIBLE  TO  DO  SO  PURSUANT  TO RULES AND REGULATIONS PROMULGATED
 PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION.  THE  LENGTH
 OF  SUCH LEAVE SHALL NOT EXCEED FOUR WORK HOURS, UNLESS OTHERWISE AGREED
 TO BY SUCH EMPLOYER.
   3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
 OR  OBTAINING  A  LEAVE  OF  ABSENCE AS PROVIDED BY THIS SECTION FOR THE
 PURPOSE OF PROVIDING A VICTIM IMPACT STATEMENT AT A  TRAFFIC  INFRACTION
 ADJUDICATION HEARING UNDER SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHI-
 CLE AND TRAFFIC LAW.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM
 GRANTING A LEAVE OF ABSENCE TO AN EMPLOYEE  PROVIDING  A  VICTIM  IMPACT
 STATEMENT AT A TRAFFIC INFRACTION ADJUDICATION HEARING UNDER SECTION TWO
 HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW IN ADDITION TO LEAVE
 ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
 SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
 BENEFIT OTHERWISE PROVIDED BY LAW.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S8152A (ACTIVE) - Details

See Assembly Version of this Bill:: A9152
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §607, amd §227, V & T L; add §202-n, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S6278, A1901

2021-S8152A (ACTIVE) - Summary

2021-S8152A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8152A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the labor law, in
relation to enacting the crash victims bill of rights

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 names the bill the Crash Victims Bill of Rights

Section 2 adds a new section 607 to the vehicle and traffic law ensures
free and timely copies of all crash reports to crash victims and next of
kin of all persons killed as a result of a crash.

Section 3 amends section 606 of the vehicle and traffic law to require
crash reports involving persons under the age of 18 are prioritized for
processing.

Section 4 amends subdivision 1 of section 227 of the vehicle and traffic
law by directing the commissioner of the Department of Motor Vehicles to
prescribe procedures for the presentation of victim impact statements by

individuals injured in a crash, and by next of kin for persons killed in
a crash at DMV hearings.

Section 5 adds a new section 202-n to the labor law to ensure that
employees are granted a leave of absence in order to provide an impact
statement at DMV hearings.

Section 6 directs the Superintendent of Financial Services to conduct a
study and prepare a report examining the unmet resource needs of crash
victims and their families.

Section 7 sets a 180 day effective date.

 
JUSTIFICATION:

Over 3,000 people are killed or seriously injured in a traffic crash
every year in New York, in addition to several thousand injuries that do
not rise to the level or serious injury. Survivors and their families
can be devastated in the aftermath of a traffic crash as they deal with
law enforcement, insurance companies, medical care, loss of income,
counseling, bereavement, and other complications.  Survivors of traffic
crashes and their next of kin deserve additional rights in the aftermath
of a crash to help them begin recovering from the traumatic ordeal. This
legislation will do so by ensuring all crash victims and next of kin
are; given free and timely copies of all crash reports; afforded the
ability to provide an impact statement at DMV adjudications; and
provided with a leave of absence from their employer for the purposes of
providing an impact statement at DMV adjudications.

 
FISCAL IMPLICATIONS:

TBD

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S8152A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8152--A
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, BRISPORT, CLEARE, GIANARIS,
   MAYER, MYRIE, SEPULVEDA, THOMAS -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  vehicle  and  traffic law and the labor law, in
   relation to enacting the crash victims bill of rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "crash
 victims bill of rights".
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 607 to read as follows:
   §  607. REPORTS; INJURED OR KILLED PERSONS.  1. ANY REPORT OF AN ACCI-
 DENT REQUIRED UNDER THIS ARTICLE OR UNDER THE RULES AND  REGULATIONS  OF
 THE  COMMISSIONER,  IN  WHICH  ANY  PERSON IS KILLED OR INJURED SHALL BE
 PROVIDED, FREE OF CHARGE:
   (A) TO ALL PERSONS INJURED AS A RESULT OF SUCH ACCIDENT;
   (B) TO THE NEXT OF KIN OF ALL PERSONS KILLED OR SERIOUSLY INJURED AS A
 RESULT OF SUCH ACCIDENT; AND
   (C) TO THE PARENT OR GUARDIAN OF ALL PERSONS UNDER THE AGE OF EIGHTEEN
 INJURED AS A RESULT OF SUCH ACCIDENT.
   2. REPORTS PROVIDED PURSUANT TO THIS SECTION SHALL BE  MADE  AVAILABLE
 ELECTRONICALLY.
   3.  REPORTS PROVIDED PURSUANT TO THIS SECTION SHALL BE PROVIDED WITHIN
 TWENTY-FOUR HOURS OF PROCESSING BY THE DEPARTMENT.
   4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 3.  Section 606 of the vehicle and traffic law, as added by  chapter
 429 of the laws of 2015, is amended to read as follows:
   § 606. Processing of required reports. The commissioner, when process-
 ing  reports  of  accidents  filed  pursuant  to  this article, AND WHEN
 DISTRIBUTING REPORTS PURSUANT TO SECTION SIX HUNDRED SEVEN OF THIS ARTI-
 CLE, shall give priority to reports involving PERSONS UNDER THE  AGE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14446-04-2
 S. 8152--A                          2
 
 EIGHTEEN,  serious  physical  injury  (as  defined in subdivision ten of
 section 10.00 of the penal law), or death.
   §  4.  Subdivision 1 of section 227 of the vehicle and traffic law, as
 amended by chapter 337 of the laws  of  1970,  is  amended  to  read  as
 follows:
   1.  A.  Every hearing for the adjudication of a traffic infraction, as
 provided by this  article,  shall  be  held  before  a  hearing  officer
 appointed  by  the  commissioner.  The burden of proof shall be upon the
 people, and no charge may be established except by clear and  convincing
 evidence.  The  commissioner  may  prescribe, by rule or regulation, the
 procedures for the conduct of such hearings.
   B. THE COMMISSIONER SHALL PRESCRIBE, BY RULE OR REGULATION, PROCEDURES
 FOR PRESENTATION OF VICTIM  IMPACT  STATEMENTS  BY  INDIVIDUALS  INJURED
 DURING  THE  COURSE  OF  A TRAFFIC INFRACTION, OR IN THE CASE OF A DEATH
 RESULTING FROM SUCH TRAFFIC INFRACTION, FROM THE DECEASED'S NEXT OF KIN,
 AT HEARINGS FOR THE ADJUDICATION OF  A  TRAFFIC  INFRACTION  UNDER  THIS
 SECTION.
   § 5. The labor law is amended by adding a new section 202-n to read as
 follows:
   §  202-N. LEAVE OF ABSENCE FOR TRAFFIC HEARINGS; IMPACT STATEMENTS. 1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  MEANS  A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
 EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND  INCLUDES
 ALL  INDIVIDUALS  EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER,
 BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
   (B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS  TWENTY  OR  MORE
 EMPLOYEES  ON AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
 PARTNERSHIP, ASSOCIATION,  NONPROFIT  ORGANIZATION,  GROUP  OF  PERSONS,
 COUNTY,  TOWN,  CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERN-
 MENTAL SUBDIVISION OF ANY KIND.
   2. AN EMPLOYER SHALL GRANT A LEAVE OF ABSENCE TO AN EMPLOYEE PROVIDING
 AN IMPACT STATEMENT AT A TRAFFIC INFRACTION ADJUDICATION  HEARING  UNDER
 SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW, AND WHO
 IS  ELIGIBLE  TO  DO  SO  PURSUANT  TO RULES AND REGULATIONS PROMULGATED
 PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION.  THE  LENGTH
 OF  SUCH LEAVE SHALL NOT EXCEED FOUR WORK HOURS, UNLESS OTHERWISE AGREED
 TO BY SUCH EMPLOYER.
   3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR  REQUESTING
 OR  OBTAINING  A  LEAVE  OF  ABSENCE AS PROVIDED BY THIS SECTION FOR THE
 PURPOSE OF PROVIDING A VICTIM IMPACT STATEMENT AT A  TRAFFIC  INFRACTION
 ADJUDICATION HEARING UNDER SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHI-
 CLE AND TRAFFIC LAW.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM
 GRANTING A LEAVE OF ABSENCE TO AN EMPLOYEE  PROVIDING  A  VICTIM  IMPACT
 STATEMENT AT A TRAFFIC INFRACTION ADJUDICATION HEARING UNDER SECTION TWO
 HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW IN ADDITION TO LEAVE
 ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
 SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
 BENEFIT OTHERWISE PROVIDED BY LAW.
   §  6. 1. The superintendent of financial services is hereby authorized
 and directed to conduct a study and prepare a report examining the unmet
 resource needs facing persons injured in automobile crashes and next  of
 kin  to persons killed in automobile crashes within the past three years
 for which data and  information  is  available.  The  superintendent  of
 financial services may request, and shall receive upon request, data and
 S. 8152--A                          3
 
 information from insurers that provide no-fault or liability auto cover-
 age, health insurance coverage, and from any other entities and relevant
 sources  to  meet  the  purposes of the study. Such data and information
 shall include but not be limited to:
   (a)  The number of persons injured in an automobile crash that filed a
 no-fault claim;
   (b) The number of persons injured in an automobile  crash  that  filed
 for a liability claim;
   (c) The number of persons injured in an automobile crash that received
 a no-fault award;
   (d) The number of persons injured in an automobile crash that received
 a liability award;
   (e)  The  number  of persons who filed for a no-fault death benefit on
 behalf of a person killed in an automobile crash;
   (f) The number of persons who filed a liability claim on behalf  of  a
 person killed in an automobile crash;
   (g) The number of persons who received a no-fault award on behalf of a
 person killed in an automobile crash;
   (h)  The number of persons who received a liability award on behalf of
 a person killed in an automobile crash;
   (i) Aggregate data on no-fault and liability awards  paid  to  persons
 injured  in  an automobile crash, or to awards paid to persons on behalf
 of a person killed in an automobile crash; and
   (j) Any other data and information  the  superintendent  of  financial
 services deems relevant to meet the purposes of the study required to be
 completed under this section.
   2.  The  report  required to be prepared under subdivision one of this
 section shall be submitted to the governor, the temporary  president  of
 the  senate  and  the  speaker of the assembly on or before December 31,
 2022. The superintendent of financial services  shall  include  in  such
 report an extrapolation of any discernable trends in collected data, and
 any recommendations he or she believes would improve access to resources
 for automobile crash victims and their families.
   3. The superintendent of financial services may consult with any state
 or  local office, agency, or department and request information from any
 such entity that is relevant and material to the completion of the study
 and report required to be completed under this section.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S8152

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2021-S8152 - Details

2021-S8152 - Summary

2021-S8152 - Sponsor Memo

2021-S8152 - Bill Text download pdf

co-Sponsors

2021-S8152A (ACTIVE) - Details

2021-S8152A (ACTIVE) - Summary

2021-S8152A (ACTIVE) - Sponsor Memo

2021-S8152A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8152

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2021-S8152 - Details

2021-S8152 - Summary

2021-S8152 - Sponsor Memo

2021-S8152 - Bill Text download pdf

co-Sponsors

2021-S8152A (ACTIVE) - Details

2021-S8152A (ACTIVE) - Summary

2021-S8152A (ACTIVE) - Sponsor Memo

2021-S8152A (ACTIVE) - Bill Text download pdf

Comments