Bill S541-2009

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

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.

Details

Actions

  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Jan 7, 2009: REFERRED TO TRANSPORTATION

Memo

 BILL NUMBER:  S541

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

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the first day of September 1, 2010.

Text

STATE OF NEW YORK ________________________________________________________________________ 541 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
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 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, 2010, 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.

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