Bill Text: NY S08595 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to traffic ticket liability for midwives responding to emergency medical situations.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-02-22 - PRINT NUMBER 8595A [S08595 Detail]

Download: New_York-2023-S08595-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8595--A

                    IN SENATE

                                    February 20, 2024
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          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 limiting the
          liability  of  midwives  for  monetary  penalties  for certain traffic
          violations committed while responding to a patient

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  240 of the vehicle and traffic law is amended by
     2  adding a new subdivision 1-c to read as follows:
     3    1-c. At every hearing for the adjudication of a notice  of  liability,
     4  as  provided  by  this  article, there shall be a rebuttable presumption
     5  that an owner of a motor vehicle who is a licensed midwife,  alleged  to
     6  be  liable in accordance with any provisions of law specifically author-
     7  izing the imposition of monetary liability on the owner of a vehicle for
     8  failure of an operator thereof: to  comply  with  traffic-control  indi-
     9  cations in violation of subdivision (d) of section eleven hundred eleven
    10  of  this  chapter through the installation and operation of traffic-con-
    11  trol signal photo violation-monitoring systems, in accordance with arti-
    12  cle twenty-four of this chapter; or to comply with certain posted  maxi-
    13  mum  speed  limits in violation of subdivision (b), (c), (d), (f) or (g)
    14  of section eleven hundred eighty of this chapter through  the  installa-
    15  tion  and  operation  of  photo  speed  violation monitoring systems, in
    16  accordance with article thirty of this chapter; or to  comply  with  bus
    17  lane  restrictions  as  defined  by  article twenty-four of this chapter
    18  through the installation and operation of bus  lane  photo  devices,  in
    19  accordance  with  article twenty-four of this chapter, is not liable for
    20  such alleged violation if such owner provides the hearing officer with a
    21  signed and affirmed affidavit attesting that such owner  is  a  midwife,
    22  and  was  responding  to an emergency medical situation at the time that
    23  the alleged violation occurred, or such  other  proof  as  such  hearing
    24  officer deems appropriate.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13582-03-4
        S. 8595--A                          2

     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it  shall have become a law. Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.