senate Bill S1930A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 23 / Jan / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 23 / Jan / 2012
    • PRINT NUMBER 1930A

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.

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Bill Details

Versions:
S1930
S1930A
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S541

Sponsor Memo

BILL NUMBER:S1930A

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 & Drug Abuse)
2007-2008: Passed Senate
2009-2010: Referred to Transportation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first day of September 1, 2013.

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

                                 1930--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  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 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.  This act shall take effect September 1, 2013.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06289-02-2

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