senate Bill S1930A

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 print number 1930a
amend and recommit to transportation
Jan 04, 2012 referred to transportation
Jan 14, 2011 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

S1930 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S541

S1930 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1930

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 and 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, 2012.

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

                                  1930

                       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

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. 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 to read as follows:
  (c) Reissuance of licenses; restrictions. Where a license  is  revoked
pursuant  to  paragraph (b) of this subdivision, no new license shall be
issued after the expiration of the  minimum  period  specified  in  such
paragraph,  except  in  the  discretion  of  the commissioner; provided,
however, that in no event shall a new license be issued where  a  person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06289-01-1

S. 1930                             2

has  been  twice  convicted of a violation of subdivision three, four or
four-a of section eleven hundred ninety-two of this article or of  driv-
ing while intoxicated or of driving while ability is impaired by the use
of a drug or of driving while ability is impaired by the combined influ-
ence of drugs or of alcohol and any drug or drugs where physical injury,
as  defined  in  section  10.00 of the penal law, has resulted from such
offense in each instance. 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  SUBDIVISION  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  AMBU-
LANCE  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  3.  This act shall take effect September 1, 2012, provided that the
amendment to paragraph (c) of subdivision 2 of section 1193 of the vehi-
cle and traffic law made by section one of this act shall be subject  to
the  expiration and reversion of such paragraph pursuant to section 9 of
chapter 533 of the laws of 1993, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

Co-Sponsors

S1930A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S541

S1930A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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