A00878 Summary:

BILL NOA00878
 
SAME ASNo Same As
 
SPONSORKolb
 
COSPNSR
 
MLTSPNSR
 
Add Art 17-B §§796 - 796-h, Gen Muni L
 
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.
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A00878 Actions:

BILL NOA00878
 
01/11/2019referred to alcoholism and drug abuse
01/08/2020referred to alcoholism and drug abuse
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A00878 Committee Votes:

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A00878 Floor Votes:

There are no votes for this bill in this legislative session.
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A00878 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           878
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2019
                                       ___________
 
        Introduced  by  M. of A. KOLB -- 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:
 
     1    Section  1. The general municipal law is amended by adding a new arti-
     2  cle 17-B to read as follows:
     3                                 ARTICLE 17-B
     4                REIMBURSEMENT OF MUNICIPAL EXPENSE BY DRIVERS
     5                  OF MOTOR VEHICLES UNDER THE INFLUENCE OF
     6                    ALCOHOL AND/OR A CONTROLLED SUBSTANCE
     7  Section 796.   Short title; purpose of article.
     8          796-a. Definitions.
     9          796-b. Local laws and ordinances.
    10          796-c. Standard of impairment; testing methods.
    11          796-d. Presumption with respect to causal connection.
    12          796-e. Additional presumption of impairment.
    13          796-f. Damages.
    14          796-g. Attorney's fees, court costs and expenses; recovery.
    15          796-h. Severability.
    16    § 796. Short title; purpose of article. This article  shall  be  known
    17  and may be cited as the "alcohol and controlled substance expense recov-
    18  ery  act".  The  legislature  hereby  declares that a high percentage of
    19  automobile accidents are related to the use of  alcohol  and  controlled
    20  substances and, in addition to the terrible losses suffered by the fami-
    21  lies  and  loved  ones  of injured parties, the community itself suffers
    22  serious financial burdens by being obliged to respond to the  scenes  of
    23  such accidents. Since there would appear to be no reason why those caus-
    24  ing  or contributing to such accidents when using alcoholic beverages or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04101-01-9

        A. 878                              2
 
     1  controlled substances should not suffer the economic burden  created  by
     2  any  such  accident and the additional economic burden of recovering the
     3  costs and expenses incident thereto, it is  the  determination  of  this
     4  legislature  that  the  passage  of this article is required in order to
     5  allow the more equitable distribution of the cost and expense imposed by
     6  such antisocial conduct.
     7    § 796-a. Definitions. The following  terms  shall  have  the  meanings
     8  hereinafter set forth, respectively:
     9    1.  "Controlled substances" shall mean and include any substance named
    10  or described as such in title one of article thirty-three of the  public
    11  health law.
    12    2. "Costs and expenses of emergency responses" shall mean and include,
    13  but  not  be  limited to, all costs of labor, medical materials, medical
    14  equipment, police equipment, fire equipment, and administrative expenses
    15  associated therewith, which shall be expended,  used,  associated  with,
    16  occasioned  by  or  connected with any emergency medical, fire or police
    17  response and, for the purposes hereof, the costs of  emergency  medical,
    18  fire  and  police manpower services shall be as set forth on such sched-
    19  ules as a municipality may adopt,  from  time  to  time,  by  resolution
    20  pursuant to this article.
    21    §   796-b.  Local  laws  and  ordinances.  Notwithstanding  any  other
    22  provision of law to the contrary and subject to the provisions  of  this
    23  article, any city, county, town or village in this state, acting through
    24  its  local legislative body, is hereby authorized and empowered to adopt
    25  and amend either a local law or an ordinance providing for the  recovery
    26  by  such  municipality of any cost or expense incurred or expended by it
    27  as the result of the operation of a motor vehicle  within  such  munici-
    28  pality by an individual while under the influence of alcoholic beverages
    29  or  controlled  substances  or  a combination of alcoholic beverages and
    30  controlled substances to the extent that his or her normal faculties are
    31  impaired or to the extent that he or she is deprived of full  possession
    32  of  his  or  her  normal faculties and, if such person shall proximately
    33  cause an accident or is a substantial causative factor  of  an  accident
    34  resulting  in  the  need  for  such  municipality  to  provide emergency
    35  medical, fire or police responses or  services,  such  person  shall  be
    36  liable to such municipality for all costs and expenses of such emergency
    37  responses and services.
    38    §  796-c. Standard of impairment; testing methods.  1. In any trial of
    39  any civil action or proceeding with respect to the  enforcement  of  any
    40  local  law  or ordinance passed pursuant hereto alleging that any person
    41  is liable to such municipality because such person was the cause  of  or
    42  was  a  substantial  causative factor of an accident requiring emergency
    43  medical, fire or police responses while such person was  driving  or  in
    44  actual  physical control of a vehicle while under the influence of alco-
    45  holic beverages or controlled substances, or a combination of  alcoholic
    46  beverages  and  controlled  substances,  to  the  extent that his or her
    47  normal faculties were impaired, or to the extent  that  he  or  she  was
    48  deprived  of full possession of his or her normal faculties, the results
    49  of any test administered in accordance with article  thirty-one  of  the
    50  vehicle and traffic law shall be admissible into evidence when otherwise
    51  admissible,  and  the  amount  of alcohol or controlled substance in the
    52  person's blood at the time alleged, as shown by chemical analysis of the
    53  person's blood or breath or urine, shall  give  rise  to  the  following
    54  presumptions:
    55    a.  If there was, at the time, 0.05 percent or less by weight of alco-
    56  hol in the person's blood, and if there was no evidence of a  controlled

        A. 878                              3
 
     1  substance  in  such person's blood, it shall be presumed that the person
     2  was not  under  the  influence  of  alcoholic  beverages  or  controlled
     3  substances  or  any  combination  thereof  to the extent that his or her
     4  normal faculties were impaired.
     5    b.  If there was, at the time, in excess of 0.05 percent but less than
     6  0.08 percent by weight of alcohol in the person's blood such facts shall
     7  not give rise to any presumption that the person was or  was  not  under
     8  the  influence  of  alcoholic  beverages  or  controlled substances or a
     9  combination thereof to the extent that his or her normal faculties  were
    10  impaired,  but such fact may be considered with other competent evidence
    11  in determining whether the person was under the influence  of  alcoholic
    12  beverages  or  controlled  substances  or any combination thereof to the
    13  extent that his or her normal faculties were impaired.
    14    c. If there was, at the time, 0.08 percent or more by weight of  alco-
    15  hol in the person's blood, even if there was no evidence of a controlled
    16  substance  in  such  person's  blood,  such  fact  shall  be prima facie
    17  evidence that the person was under the influence of alcoholic  beverages
    18  to the extent that his or her normal faculties were impaired.
    19    d.  If  there was, at the time, in excess of 0.05 percent by weight of
    20  alcohol in the person's blood and evidence of a controlled substance  in
    21  the  person's  blood,  such facts shall be prima facie evidence that the
    22  person was under the influence of a combination of  alcoholic  beverages
    23  and controlled substances to the extent that his or her normal faculties
    24  were impaired.
    25    2.  The  percent by weight of alcohol in the blood shall be based upon
    26  grams of alcohol per 100 milliliters of blood.
    27    3. The foregoing provisions of this section shall not be construed  as
    28  limiting  the  introduction of other competent evidence bearing upon the
    29  question of whether the person was  under  the  influence  of  alcoholic
    30  beverages or controlled substances, or a combination of alcoholic bever-
    31  ages  and  controlled  substances,  either to the extent that his or her
    32  normal faculties were impaired or to the  extent  that  he  or  she  was
    33  deprived of full possession of his or her normal faculties, or that such
    34  impairment  was  the  proximate  cause or substantially causative of the
    35  accident giving rise to the need for emergency medical, police  or  fire
    36  services.
    37    4.  A  chemical  analysis  of  a person's blood to determine alcoholic
    38  content, a chemical analysis of a person's breath or a chemical analysis
    39  of a  person's  urine,  in  order  to  be  considered  valid  under  the
    40  provisions  of  this  section, must have been performed substantially in
    41  accordance with the method set forth in article thirty-one of the  vehi-
    42  cle  and  traffic  law.  Any  insubstantial differences between approved
    43  techniques and actual testing procedures in any  individual  case  shall
    44  not  render  the  test  or test results invalid. Any technique or method
    45  approved by the department of health with respect to such analysis shall
    46  be deemed acceptable.   Any person who shall  be  deemed  qualified  and
    47  competent  to conduct such analysis by the department of health shall be
    48  deemed competent to conduct such analysis.
    49    § 796-d. Presumption with respect to causal connection. In  any  trial
    50  of any civil action or proceeding with respect to the enforcement hereof
    51  alleging that any person is liable hereunder because such person was the
    52  cause  of or was a substantial causative factor of an accident requiring
    53  emergency medical, fire or police responses while such person was  driv-
    54  ing or in actual physical control of a vehicle while under the influence
    55  of  alcoholic  beverages  or  controlled substances, or a combination of
    56  alcoholic beverages and controlled substances, to the extent that his or

        A. 878                              4
 
     1  her normal faculties were impaired or that he or  she  was  deprived  of
     2  full  possession  of  his  or her normal faculties, it shall be presumed
     3  that  a  person  under  the  influence  of  alcoholic  beverages  and/or
     4  controlled  substances  to  the  extent that his or her normal faculties
     5  were impaired, or to the extent that he or  she  was  deprived  of  full
     6  possession  of  his  or her normal faculties, was the proximate cause or
     7  was a substantial causative factor of the accident giving  rise  to  the
     8  need for emergency medical, police and fire services.
     9    §  796-e.  Additional  presumption of impairment.  In any trial of any
    10  civil action or proceeding with respect to the enforcement of any  local
    11  law  or  ordinance  passed  pursuant  hereto alleging that any person is
    12  liable to such municipality because such person was the cause of or  was
    13  a  substantial  causative  factor  of  an  accident  requiring emergency
    14  medical, fire or police responses while such person was  driving  or  in
    15  actual  physical control of a vehicle while under the influence of alco-
    16  holic beverages or controlled substances, or a combination of  alcoholic
    17  beverages  and  controlled  substances,  to  the  extent that his or her
    18  normal faculties were impaired or that he or she was  deprived  of  full
    19  possession  of  his  or  her normal faculties, it shall be presumed that
    20  such person's normal faculties were impaired or  that  such  person  was
    21  deprived  of  full  possession  of  his  or her normal faculties if such
    22  person shall plead guilty to or shall have been found guilty after trial
    23  of a violation of section eleven hundred ninety-two of the  vehicle  and
    24  traffic  law or if such person refuses an officer's request to submit to
    25  any breath, blood or urine test provided in section eleven hundred nine-
    26  ty-four of the vehicle and traffic  law  and  such  officer  shall  have
    27  submitted  a sworn statement that he had reasonable cause to believe the
    28  person had been driving or had been in  actual  physical  control  of  a
    29  motor  vehicle  within  such  municipality  while under the influence of
    30  alcoholic beverages or controlled substances, or a combination of  alco-
    31  holic  beverages  and  controlled  substances,  and that such person had
    32  refused to submit to the test or tests after being requested to do so by
    33  the officer.
    34    § 796-f. Damages. Every municipality adopting a local law or ordinance
    35  pursuant to this article shall develop and keep current  a  schedule  of
    36  such emergency costs and expenses likely to be incurred or expended as a
    37  result  of  such  an  alcohol  or  controlled substance related accident
    38  setting forth the cost and value of time and services, as well as  mate-
    39  rials, provided in emergency situations as contemplated by this article.
    40    §  796-g.  Attorney's fees, court costs and expenses; recovery. In any
    41  trial or any civil action or proceeding arising in  the  enforcement  of
    42  any  local  law  or  ordinance  passed pursuant hereto, the municipality
    43  involved shall be entitled to recover  all  court  costs,  expenses  and
    44  attorney's  fees incurred by  such municipality in such dispute and such
    45  right shall include all of such  costs,  expenses  and  attorney's  fees
    46  through all appeals or other actions.
    47    §   796-h.  Severability.  If  any  section,  subdivision,  paragraph,
    48  sentence, clause, phrase or portion of this article is  for  any  reason
    49  held invalid or unconstitutional by any court of competent jurisdiction,
    50  such  portion  shall  be  deemed  a  separate,  distinct and independent
    51  provision and such holding shall not affect the validity of the  remain-
    52  ing portions of this article.
    53    § 2.  This act shall take effect immediately.
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