Assembly Bill A4414

2015-2016 Legislative Session

Permits municipalities to adopt local law or ordinance to recover costs of emergency response to scene of alcohol or controlled substance related accident

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • 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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2015-A4414 (ACTIVE) - Details

Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
General Municipal Law
Laws Affected:
Add Art 17-B §§796 - 796-h, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2803
2011-2012: A1100
2013-2014: A1737
2017-2018: A4419
2019-2020: A878

2015-A4414 (ACTIVE) - Summary

Enacts the "alcohol and controlled substance expense recovery act"; permits each city, county, town and village to adopt a local law or ordinance providing for the civil recovery, from the operator of a motor vehicle, of any cost or expense expended or incurred for services or materials in responding to an emergency situation, caused by such operator who is under the influence of alcohol or a controlled substance; provides that such municipality may keep a schedule of such costs and commence a civil action to recover such costs if such operator is found to be so impaired.

2015-A4414 (ACTIVE) - Bill Text download pdf

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

                                  4414

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by M. of A. KOLB, McKEVITT -- Multi-Sponsored by -- M. of A.
  CORWIN -- read once and referred to the Committee  on  Alcoholism  and
  Drug Abuse

AN  ACT to amend the general municipal law, in relation to reimbursement
  of municipal cost and expense incurred by motor vehicle drivers  under
  the influence of alcohol and/or controlled substances

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

  Section 1. The general municipal law is amended by adding a new  arti-
cle 17-B to read as follows:
                               ARTICLE 17-B
              REIMBURSEMENT OF MUNICIPAL EXPENSE BY DRIVERS
                OF MOTOR VEHICLES UNDER THE INFLUENCE OF
                  ALCOHOL AND/OR A CONTROLLED SUBSTANCE
SECTION 796.   SHORT TITLE; PURPOSE OF ARTICLE.
        796-A. DEFINITIONS.
        796-B. LOCAL LAWS AND ORDINANCES.
        796-C. STANDARD OF IMPAIRMENT; TESTING METHODS.
        796-D. PRESUMPTION WITH RESPECT TO CAUSAL CONNECTION.
        796-E. ADDITIONAL PRESUMPTION OF IMPAIRMENT.
        796-F. DAMAGES.
        796-G. ATTORNEY'S FEES, COURT COSTS AND EXPENSES; RECOVERY.
        796-H. SEVERABILITY.
  S  796.  SHORT  TITLE; PURPOSE OF ARTICLE. THIS ARTICLE SHALL BE KNOWN
AND MAY BE CITED AS THE "ALCOHOL AND CONTROLLED SUBSTANCE EXPENSE RECOV-
ERY ACT". THE LEGISLATURE HEREBY DECLARES  THAT  A  HIGH  PERCENTAGE  OF
AUTOMOBILE  ACCIDENTS  ARE  RELATED TO THE USE OF ALCOHOL AND CONTROLLED
SUBSTANCES AND, IN ADDITION TO THE TERRIBLE LOSSES SUFFERED BY THE FAMI-
LIES AND LOVED ONES OF INJURED PARTIES,  THE  COMMUNITY  ITSELF  SUFFERS
SERIOUS  FINANCIAL  BURDENS BY BEING OBLIGED TO RESPOND TO THE SCENES OF
SUCH ACCIDENTS. SINCE THERE WOULD APPEAR TO BE NO REASON WHY THOSE CAUS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02724-01-5
              

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