NY State Senate Bill 2021-S8031A

Senate Bill S8031A

Signed By Governor

2021-2022 Legislative Session

Limits the liability of operators and owners of first-response emergency service vehicles for monetary penalties for certain traffic violations committed while responding to a medical emergency

download bill text pdf

Archive: Last Bill Status Via A8933 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2022	signed chap.407
Jul 11, 2022	delivered to governor
Jun 01, 2022	returned to assembly passed senate 3rd reading cal.1656 substituted for s8031a
Jun 01, 2022	substituted by a8933a
May 31, 2022	ordered to third reading cal.1656 committee discharged and committed to rules
May 23, 2022	print number 8031a
May 23, 2022	amend (t) and recommit to transportation
Jan 20, 2022	referred to transportation

Votes

- Jun 1, 2022 - Floor Vote
  A8933
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 31, 2022 - Rules Committee Vote
  S8031A
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 31, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      absent (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2021-S8031 - Details

See Assembly Version of this Bill:: A8933
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §240, V & T L

2021-S8031 - Summary

Limits the liability of operators and owners of first-response emergency vehicles for monetary penalties for certain traffic violations committed while responding to a medical emergency in a city with a population of one million or more persons.

2021-S8031 - Sponsor Memo

                                 
BILL NUMBER: S8031

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to limiting the
liability of operators and owners of first-response emergency vehicles
for monetary penalties for certain traffic infractions committed while
responding to a medical emergency in a city with a population of one
million or more persons

 
PURPOSE:

To protect operators and owners of first-response emergency vehicles
from receiving monetary penalties or points on their license for traffic
infractions that occur during emergencies.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the vehicle and traffic law by adding a
new subdivision that provides that at every hearing for the adjudication
of a traffic infraction in a city of one million or more, there shall be

a rebuttable presumption that the owner or operator of a first response
emergency vehicle involved in exceeding the speed limit, running a red
light, or driving in a bus lane, shall not be liable for monetary penal-
ties if they provide evidence that at the time of the infraction, the
vehicle was involved in a medical emergency call and that the operator
of the vehicle is a medically-trained first responder. It further
provides that owners or operators of first response emergency vehicles
that are stopped by an officer shall not be liable for monetary penal-
ties or points on their license for an infraction that occurred in
response to a medical emergency call.

Section two of this bill sets forth the effective date.

 
JUSTIFICATION:

When first responders are dispatched to a medical emergency, time is
vitally important. Just a minute can decide who lives or who dies. To
respond as quickly as possible to an emergency, first response emergency
vehicles sometimes need to exceed the speed limit or overstep other
traffic infractions, in order to save lives.  This bill is necessary to
ensure that the many volunteers involved in responding to medical emer-
gency calls won't be unfairly punished for traffic infractions they
receive while responding to such emergencies.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8031 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8031
 
                             I N  S E N A T E
 
                             January 20, 2022
                                ___________
 
 Introduced  by  Sen.  FELDER -- 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 operators and owners of first-response emergency vehicles
   for monetary penalties for certain traffic infractions committed while
   responding to a medical emergency in a city with a population  of  one
   million or more persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 227 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  (A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AT EVERY
 HEARING FOR THE ADJUDICATION OF A TRAFFIC  INFRACTION,  AS  PROVIDED  BY
 THIS  ARTICLE, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE OPERATOR
 OR OWNER OF A FIRST-RESPONSE EMERGENCY VEHICLE INVOLVED IN  THE  COMMIS-
 SION  OF  A  TRAFFIC INFRACTION FOR EXCEEDING THE SPEED LIMIT, RUNNING A
 RED LIGHT OR DRIVING IN A BUS LANE IS NOT LIABLE FOR A MONETARY  PENALTY
 FOR  THE  COMMISSION OF SUCH INFRACTION IF SUCH OPERATOR OR OWNER OF THE
 FIRST-RESPONSE EMERGENCY VEHICLE PROVIDES THE HEARING OFFICER WITH:
   (I) A SIGNED AND AFFIRMED AFFIDAVIT ATTESTING THAT THE OPERATOR OF THE
 VEHICLE AT THE TIME OF  THE  INFRACTION  IS  A  MEDICALLY-TRAINED  FIRST
 RESPONDER AND THAT THE TRAFFIC INFRACTION OCCURRED DURING THE USE OF THE
 FIRST-RESPONSE EMERGENCY VEHICLE TO RESPOND TO A MEDICAL EMERGENCY CALL;
 AND
   (II)  DOCUMENTATION  SUPPORTING  THE DISPATCH OF THE MEDICAL EMERGENCY
 CALL AND THE DISPATCH OF THE OPERATOR AND VEHICLE TO THE  SCENE  OF  THE
 MEDICAL EMERGENCY. IF AN OWNER OR OPERATOR OF A FIRST-RESPONSE EMERGENCY
 VEHICLE IS STOPPED BY AN OFFICER WHILE RESPONDING TO A MEDICAL EMERGENCY
 CALL, SUCH OWNER OR OPERATOR SHOULD NOT BE LIABLE FOR A MONETARY PENALTY
 AND  POINTS  ON THEIR LICENSE FOR AN INFRACTION THAT OCCURRED DURING THE
 USE OF THE FIRST-RESPONSE EMERGENCY VEHICLE  TO  RESPOND  TO  A  MEDICAL
 EMERGENCY CALL.
   (B)  AS  USED  IN THIS SUBDIVISION, "FIRST-RESPONSE EMERGENCY VEHICLE"
 INCLUDES AMBULANCES AS DEFINED IN SECTION ONE HUNDRED-B OF THIS  CHAPTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13830-05-2
 S. 8031                             2
 
 AND  PERSONALLY-OWNED  VEHICLES  UTILIZED AS EMERGENCY AMBULANCE SERVICE
 VEHICLES AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-C OF THIS CHAPTER  IN
 ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT OF HEALTH.
   § 2. This act shall take effect immediately.

2021-S8031A (ACTIVE) - Details

See Assembly Version of this Bill:: A8933
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §240, V & T L

2021-S8031A (ACTIVE) - Summary

2021-S8031A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8031A

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to limiting the
liability of operators and owners of first-response emergency vehicles
for monetary penalties for certain traffic violations committed while
responding to a medical emergency in a city with a population of one
million or more persons

 
PURPOSE:

To protect operators and owners of first-response emergency vehicles
from receiving monetary penalties for certain traffic infractions that
occur during emergencies.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 240 of the vehicle and traffic
law by adding a new subdivision (1-b) that provides that at every hear-
ing for the adjudication of a traffic infraction in a city of one

million or more, there shall be a rebuttable presumption that the owner
or operator of a first response emergency vehicle involved in exceeding
the speed limit, running a red light, or driving in a bus lane, shall
not be liable for monetary penalties if they provide evidence that at
the time of the infraction, the vehicle was involved in a medical emer-
gency call and that the operator of the vehicle is a medically-trained
first responder.

Section two of this bill sets forth the effective date.

 
JUSTIFICATION:

When first responders are dispatched to a medical emergency, time is
vitally important. Just a minute can decide who lives or who dies. To
respond as quickly as possible to an emergency, first response emergency
vehicles sometimes need to exceed the speed limit or overstep other
traffic infractions, in order to save lives. This bill is necessary to
ensure that the many volunteers involved in responding to medical emer-
gency calls won't be unfairly punished for traffic camera violations
that they receive while responding to such emergencies.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT:

Minimal

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S8031A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8031--A
 
                             I N  S E N A T E
 
                             January 20, 2022
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to limiting the
   liability of operators and owners of first-response emergency vehicles
   for monetary penalties for certain traffic violations committed  while
   responding  to  a medical emergency in a city with a population of one
   million or more persons
 
   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-b to read as follows:
   1-B. (A) 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 THE OWNER
 OF A FIRST-RESPONSE EMERGENCY VEHICLE ALLEGED TO BE LIABLE IN ACCORDANCE
 WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING  THE  IMPOSITION  OF
 MONETARY  LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
 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 OF THE FIRST-RESPONSE EMERGENCY VEHICLE PROVIDES THE  HEARING
 OFFICER WITH:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13830-13-2

 S. 8031--A                          2
 
   (I) A SIGNED AND AFFIRMED AFFIDAVIT ATTESTING THAT THE OPERATOR OF THE
 FIRST-RESPONSE EMERGENCY VEHICLE AT THE TIME OF THE ALLEGED VIOLATION IS
 A  MEDICALLY-TRAINED  FIRST  RESPONDER  AND  THAT  THE ALLEGED VIOLATION
 OCCURRED WHILE THE OPERATOR OF THE FIRST-RESPONSE EMERGENCY VEHICLE  WAS
 INVOLVED  IN  AN  EMERGENCY  OPERATION  IN SUCH VEHICLE IN RESPONSE TO A
 MEDICAL EMERGENCY CALL; AND
   (II) DOCUMENTATION SUPPORTING THE DISPATCH OF  THE  MEDICAL  EMERGENCY
 CALL  AND  THE DISPATCH OF THE OPERATOR AND THE FIRST-RESPONSE EMERGENCY
 VEHICLE TO THE SCENE OF THE MEDICAL EMERGENCY.
   (B) AS USED IN THIS SUBDIVISION,  "FIRST-RESPONSE  EMERGENCY  VEHICLE"
 SHALL  MEAN AMBULANCES AS DEFINED IN SECTION ONE HUNDRED-B OF THIS CHAP-
 TER AND EMERGENCY AMBULANCE SERVICE VEHICLES AS DEFINED IN  SECTION  ONE
 HUNDRED FIFTEEN-C OF THIS CHAPTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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