senate Bill S3516A

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 pdf

Sponsor

O'BRIEN

Co-Sponsors

Bill Status


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

actions

  • 05 / Feb / 2013
    • REFERRED TO TRANSPORTATION
  • 30 / May / 2013
    • 1ST REPORT CAL.827
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 26 / Mar / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 26 / Mar / 2014
    • PRINT NUMBER 3516A
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1431
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO TRANSPORTATION

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 license to drive reissued to them.

do you support this bill?

Bill Details

Versions:
S3516
S3516A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1930A
2009-2010: S541

Sponsor Memo

BILL NUMBER:S3516A

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:

2003-2004: S42 Reported to Rules/A9626 Referred to Transportation
2005-2006: S2274 Referred to Transportation/A997 Referred to
Transportation
2007-2008: S290 Passed Senate/A1713 Referred to Transportation
2009-2010: S541 Referred to Transportation/A5345 Referred to
Transportation
2011-2012: S1930 Referred to Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first day of September 1, 2015.

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

                                 3516--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sens. O'BRIEN, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  recommitted 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, 2015.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06998-04-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.