senate Bill S5141A

2009-2010 Legislative Session

Relates to sanctions for driving while ability impaired while holding a conditional license

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 08, 2010 print number 5141a
Jun 08, 2010 amend and recommit to finance
reported and committed to finance
Apr 13, 2010 reported and committed to codes
Jan 06, 2010 referred to transportation
Apr 27, 2009 referred to transportation

Votes

view votes

Jun 8, 2010 - Codes committee Vote

S5141
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 13, 2010 - Transportation committee Vote

S5141
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5141 - Details

See Assembly Version of this Bill:
A11660
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S526, A850
2013-2014: S742, S7171, A6489
2015-2016: S3470, A6986
2017-2018: S6185, A4416
2019-2020: S2585

S5141 - Summary

Relates to sanctions for driving while ability impaired while holding a conditional license.

S5141 - Sponsor Memo

S5141 - Bill Text download pdf

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

                                  5141

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- 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 sanctions
  for driving while ability impaired while holding a conditional license

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

  Section  1.  Clauses  d  and  e  of subparagraph 7 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 251 of the laws of 2007, are amended to read as follows:
  d. Notwithstanding any contrary provision  of  this  chapter,  if  any
suspension  occurring  under  this subparagraph has been in effect for a
period of thirty days, AT THE DISCRETION OF THE COURT, the holder may be
issued a conditional license, in accordance with section eleven  hundred
ninety-six  of  this  article,  provided  the  holder of such license is
otherwise eligible to receive such conditional  license.  A  conditional
license  issued pursuant to this subparagraph shall not be valid for the
operation  of  a  commercial  motor  vehicle.  The  commissioner   shall
prescribe  by  regulation the procedures for the issuance of such condi-
tional license.
  e. If the court finds that the suspension  imposed  pursuant  to  this
subparagraph  will result in extreme hardship, the court must issue such
suspension, but may grant a hardship privilege, IN CONJUNCTION WITH  THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a
form  prescribed  by  the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative  means
of  travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's  house-
hold,  or  if  the  licensee  is  a matriculating student enrolled in an
accredited  school,  college  or  university  travel  to  or  from  such
licensee's school, college or university if such travel is necessary for
the  completion  of the educational degree or certificate. The burden of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11130-01-9

Co-Sponsors

S5141A (ACTIVE) - Details

See Assembly Version of this Bill:
A11660
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S526, A850
2013-2014: S742, S7171, A6489
2015-2016: S3470, A6986
2017-2018: S6185, A4416
2019-2020: S2585

S5141A (ACTIVE) - Summary

Relates to sanctions for driving while ability impaired while holding a conditional license.

S5141A (ACTIVE) - Sponsor Memo

S5141A (ACTIVE) - Bill Text download pdf

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

                                 5141--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. FUSCHILLO, SQUADRON -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion -- recommitted to the Committee on Transportation  in  accordance
  with  Senate  Rule 6, sec. 8 -- reported favorably from said committee
  and committed to the Committee on Codes  --  reported  favorably  from
  said  committee and committed to the Committee on Finance -- 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  sanctions
  for driving while ability impaired while holding a conditional license

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

  Section 1. Clauses d and e of  subparagraph  7  of  paragraph  (e)  of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 251 of the laws of 2007, are amended to read as follows:
  d.  Notwithstanding  any  contrary  provision  of this chapter, if any
suspension occurring under this subparagraph has been in  effect  for  a
period  of  thirty  days, [the holder may be issued] THE DEPARTMENT MAY,
WITH THE CONSENT OF THE COURT, ISSUE a conditional license,  in  accord-
ance  with  section  eleven hundred ninety-six of this article, provided
the holder of such license is otherwise eligible to receive such  condi-
tional  license.  A conditional license issued pursuant to this subpara-
graph shall not be valid for the operation of a commercial  motor  vehi-
cle.  The  commissioner shall prescribe by regulation the procedures for
the issuance of such conditional license.
  e. If the court finds that the suspension  imposed  pursuant  to  this
subparagraph  will result in extreme hardship, the court must issue such
suspension, but may grant a hardship privilege, IN CONJUNCTION WITH  THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a
form  prescribed  by  the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative  means

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11130-03-0

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