Senate Bill S8595

2023-2024 Legislative Session

Relates to traffic ticket liability for midwives

download bill text pdf

Sponsored By

Current 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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Bill Amendments

2023-S8595 - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §240, V & T L

2023-S8595 - Summary

Relates to traffic ticket liability for midwives responding to emergency medical situations.

2023-S8595 - Sponsor Memo

2023-S8595 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8595
 
                             I N  S E N A T E
 
                             February 20, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 limiting the
   liability of midwives  for  monetary  penalties  for  certain  traffic
   violations  committed  while  responding to a patient in a city with a
   population of one million or more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  240 of the vehicle and traffic law is amended by
 adding a new subdivision 1-c to read as follows:
   1-C. IN A CITY HAVING A POPULATION OF ONE MILLION OR  MORE,  AT  EVERY
 HEARING  FOR  THE  ADJUDICATION OF A NOTICE OF LIABILITY, AS PROVIDED BY
 THIS ARTICLE, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT AN OWNER OF A
 MOTOR VEHICLE WHO IS A LICENSED MIDWIFE, ALLEGED TO BE LIABLE IN ACCORD-
 ANCE WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE  IMPOSITION
 OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERA-
 TOR  THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF
 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH
 THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLA-
 TION-MONITORING  SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS
 CHAPTER; OR TO COMPLY  WITH  CERTAIN  POSTED  MAXIMUM  SPEED  LIMITS  IN
 VIOLATION  OF  SUBDIVISION  (B),  (C), (D), (F) OR (G) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF
 PHOTO SPEED VIOLATION MONITORING SYSTEMS,  IN  ACCORDANCE  WITH  ARTICLE
 THIRTY  OF  THIS  CHAPTER;  OR  TO  COMPLY WITH BUS LANE RESTRICTIONS AS
 DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE  INSTALLATION
 AND  OPERATION  OF  BUS  LANE  PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
 TWENTY-FOUR OF THIS CHAPTER, IS NOT LIABLE FOR SUCH ALLEGED VIOLATION IF
 SUCH OWNER PROVIDES THE HEARING OFFICER WITH A SIGNED AND AFFIRMED AFFI-
 DAVIT ATTESTING THAT SUCH OWNER IS A MIDWIFE, AND WAS RESPONDING  TO  AN
 EMERGENCY  MEDICAL  SITUATION  AT  THE  TIME  THAT THE ALLEGED VIOLATION
 OCCURRED, OR SUCH OTHER PROOF AS SUCH HEARING OFFICER DEEMS APPROPRIATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-S8595A (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §240, V & T L

2023-S8595A (ACTIVE) - Summary

Relates to traffic ticket liability for midwives responding to emergency medical situations.

2023-S8595A (ACTIVE) - Sponsor Memo

2023-S8595A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8595--A
 
                             I N  S E N A T E
 
                             February 20, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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, in relation to limiting the
   liability  of  midwives  for  monetary  penalties  for certain traffic
   violations committed while responding to a patient
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  240 of the vehicle and traffic law is amended by
 adding a new subdivision 1-c to read as follows:
   1-C. AT EVERY HEARING FOR THE ADJUDICATION OF A NOTICE  OF  LIABILITY,
 AS  PROVIDED  BY  THIS  ARTICLE, THERE SHALL BE A REBUTTABLE PRESUMPTION
 THAT AN OWNER OF A MOTOR VEHICLE WHO IS A LICENSED MIDWIFE,  ALLEGED  TO
 BE  LIABLE IN ACCORDANCE WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHOR-
 IZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
 FAILURE OF AN OPERATOR THEREOF: TO  COMPLY  WITH  TRAFFIC-CONTROL  INDI-
 CATIONS IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN
 OF  THIS  CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON-
 TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI-
 CLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED  MAXI-
 MUM  SPEED  LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH  THE  INSTALLA-
 TION  AND  OPERATION  OF  PHOTO  SPEED  VIOLATION MONITORING SYSTEMS, IN
 ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR TO  COMPLY  WITH  BUS
 LANE  RESTRICTIONS  AS  DEFINED  BY  ARTICLE TWENTY-FOUR OF THIS CHAPTER
 THROUGH THE INSTALLATION AND OPERATION OF BUS  LANE  PHOTO  DEVICES,  IN
 ACCORDANCE  WITH  ARTICLE TWENTY-FOUR OF THIS CHAPTER, IS NOT LIABLE FOR
 SUCH ALLEGED VIOLATION IF SUCH OWNER PROVIDES THE HEARING OFFICER WITH A
 SIGNED AND AFFIRMED AFFIDAVIT ATTESTING THAT SUCH OWNER  IS  A  MIDWIFE,
 AND  WAS  RESPONDING  TO AN EMERGENCY MEDICAL SITUATION AT THE TIME THAT
 THE ALLEGED VIOLATION OCCURRED, OR SUCH  OTHER  PROOF  AS  SUCH  HEARING
 OFFICER DEEMS APPROPRIATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13582-03-4

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