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

New York Senate Bill 8595

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8595

                    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

        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 in a city with a
          population of one million or more

          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. In a city having a population of one million or  more,  at  every
     4  hearing  for  the  adjudication of a notice of liability, as provided by
     5  this article, there shall be a rebuttable presumption that an owner of a
     6  motor vehicle who is a licensed midwife, alleged to be liable in accord-
     7  ance with any provisions of law specifically authorizing the  imposition
     8  of monetary liability on the owner of a vehicle for failure of an opera-
     9  tor  thereof: to comply with traffic-control indications in violation of
    10  subdivision (d) of section eleven hundred eleven of this chapter through
    11  the installation and operation of traffic-control  signal  photo  viola-
    12  tion-monitoring  systems, in accordance with article twenty-four of this
    13  chapter; or to comply  with  certain  posted  maximum  speed  limits  in
    14  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    15  hundred eighty of this chapter through the installation and operation of
    16  photo speed violation monitoring systems,  in  accordance  with  article
    17  thirty  of  this  chapter;  or  to  comply with bus lane restrictions as
    18  defined by article twenty-four of this chapter through the  installation
    19  and  operation  of  bus  lane  photo devices, in accordance with article
    20  twenty-four of this chapter, is not liable for such alleged violation if
    21  such owner provides the hearing officer with a signed and affirmed affi-
    22  davit attesting that such owner is a midwife, and was responding  to  an
    23  emergency  medical  situation  at  the  time  that the alleged violation
    24  occurred, or such other proof as such hearing officer deems appropriate.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law. Effective immediately, the addition,  amend-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13582-01-3

        S. 8595                             2

     1  ment and/or repeal of any rule or regulation necessary for the implemen-
     2  tation  of  this act on its effective date are authorized to be made and
     3  completed on or before such effective date.