S3516-2013 Actions

• Feb 5, 2013: REFERRED TO TRANSPORTATION

S3516-2013 Memo

BILL NUMBER:S3516

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. Sets the affective 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 communi-
ties. 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 abili-
ty 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 York-
ers have no medical insurance. As a result, loss of revenue for emergen-
cy 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 contin-
ues 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 Trans-
portation 2009-2010: S541 Referred to Transportation/A5343 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, 2014.

S3516-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3516
 2013-2014 Regular Sessions
 I N  SENATE
 February 5, 2013
 
 Introduced  by  Sen. O'BRIEN -- 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.  This act shall take effect September 1, 2014.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06998-01-3

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