New York State Assembly

 
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A08983 Summary:

A08983 Actions:

A08983 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:01/14/2020AYE/NAY:23/1  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Excused
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Nay
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye
Darling
Aye

Committee:CODES   Chair:Lentol      
DATE:01/28/2020AYE/NAY:20/1  Action: Favorable         
Lentol
Aye
Morinello
Aye
Schimminger
Absent
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Reilly
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Nay
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A08983 Floor Votes:

A08983 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8983
 
SPONSOR: Carroll

 
TITLE OF BILL:
 
An act to amend the vehicle and traffic law, in relation to evidence of
loss of consciousness for the purposes of maintaining a driver's license
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To clarify provisions of Chapter 740 of the Laws of 2019 to ensure that
the law can be implemented effectively.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Chapter 740 of the Laws of 2019 establishes driver license qualification
procedures following a loss of consciousness, including the suspension
or denial of the drivers' licenses of persons experiencing loss of
consciousness. This bill would further clarify Department of Motor Vehi-
cles (DMV) procedures related to such license suspensions and denials.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Not applicable.
 
 
JUSTIFICATION:
 
This bill provides necessary clarification of Chapter 740 of the Laws of
2019 in order to ensure its effective implementation.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2019 amending the vehicle and traffic law relat-
ing to the licensing of drivers where there is evidence of the loss of
consciousness by such person, as proposed in legislative bills numbers
S.5225-A and A.4751-A, takes effect.

A08983 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8983
 
                   IN ASSEMBLY
 
                                     January 7, 2020
                                       ___________
 
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to evidence  of
          loss  of  consciousness  for  the  purposes  of maintaining a driver's
          license
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  8  of section 502 of the vehicle and traffic
     2  law, as added by a chapter of the laws of 2019 amending the vehicle  and
     3  traffic law relating to the licensing of drivers where there is evidence
     4  of  the loss of consciousness by such person, as proposed in legislative
     5  bills numbers S.5225-A and A.4751-A, is amended to read as follows:
     6    [8] 9. Loss of consciousness. a. This subdivision shall apply  to  any
     7  applicant  for  an  original driver's license in this state who has ever
     8  suffered a loss of consciousness, to any applicant for a  renewal  driv-
     9  er's  license  who has suffered a loss of consciousness since his or her
    10  last license was issued in this state, to any person who is required  to
    11  submit  physicians',  physician  assistants',  or  nurse  practitioners'
    12  statements, in such form as the commissioner may require, as a condition
    13  for continuing licensing, and to  persons  holding  a  driver's  license
    14  concerning  whom  the  commissioner  has  received  evidence  of loss of
    15  consciousness.
    16    b. As used in this subdivision, the following  terms  shall  have  the
    17  following  meanings: "loss of consciousness" shall mean the condition of
    18  not being aware of one's surroundings or  of  one's  existence  and  the
    19  inability  to  receive, interpret or react to sensory impressions as the
    20  result of epilepsy, syncope, cataplexy, narcolepsy and  other  disorders
    21  affecting consciousness and control; and "evidence of loss of conscious-
    22  ness"  shall mean a police accident report filed pursuant to section six
    23  hundred three of this chapter indicating a  loss  of  consciousness,  no
    24  matter  how  [denominate]  denominated,  as the cause of an accident, or
    25  admission by an applicant or licensee, or a complaint alleging  loss  of
    26  consciousness received from police agencies and others.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02083-04-0
        A. 8983                             2
 
     1    c.  A person to whom this part is applicable shall be deemed to be fit
     2  for licensing only as determined by the commissioner in accordance  with
     3  section 9.3 of part 9 of title 15 of the codes, rules and regulations of
     4  the state of New York as prescribed by the commissioner.
     5    d.  (i)  Upon  [receipt  of  an  application  for an original driver's
     6  license, or for renewal of a driver's  license,  or  upon]  a  scheduled
     7  review  of  a statement as required under paragraph e of this section or
     8  upon receipt of evidence from a police agency, police accident report or
     9  physician, physician assistant or  nurse  practitioner  confirmed  by  a
    10  department  hearing  or  investigation that a licensee has experienced a
    11  lack of consciousness, or  if  the  commissioner  has  not  received  an
    12  acceptable  physician's,  physician  assistant's or nurse practitioner's
    13  statement as defined in subparagraph [(ii)] (iii) of this paragraph, or,
    14  if such a statement is received but the commissioner's medical  consult-
    15  ant  finds  grounds  to disagree with or to question a recommendation of
    16  such physician,  physician  assistant  or  nurse  practitioner  made  in
    17  accordance  with  the provisions of section 9.3 of part 9 of title 15 of
    18  the codes, rules and regulations of the state of New York,  the  commis-
    19  sioner shall deny or suspend such license, whichever is appropriate, and
    20  offer  to  hold a department hearing to review such action, upon written
    21  request of such person. If such request for hearing is not  made  within
    22  thirty  days  of  such denial or suspension, the offer to hold a hearing
    23  shall be deemed to be withdrawn.  Notwithstanding the offer  to  hold  a
    24  department  hearing  to  review  the  denial or suspension, a department
    25  hearing will not be held until such time as the motorist submits to  the
    26  commissioner  a  physician,  physician  assistant  or nurse practitioner
    27  statement as required under the provisions of part 9 of title 15 of  the
    28  codes,  rules  and  regulations of the state of New York and the commis-
    29  sioner and the commissioner's medical  consultants  have  reviewed  such
    30  statements  within a reasonable period of time. The denial or suspension
    31  shall remain in effect until a department hearing is held to review such
    32  denial or suspension or after review of the physician, physician assist-
    33  ant or nurse practitioner statement the  commissioner  and  his  or  her
    34  medical consultants finds no grounds to disagree with or to question the
    35  physician's, physician assistant's or nurse practitioner's statement.
    36    (ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
    37  section, upon  receipt  of  an  application  for  an  original  driver's
    38  license,  or  for  renewal  of  a  driver's  license, or upon receipt of
    39  evidence from a source other  than  a  police  agency,  police  accident
    40  report   or   physician,  physician  assistant  or  nurse  practitioner,
    41  confirmed by a department hearing or investigation that a  licensee  has
    42  experienced  a  loss of consciousness, the commissioner shall, unless he
    43  or she deems such person's operation of a  motor  vehicle  on  a  public
    44  highway to be an immediate hazard, send to such person a proposed denial
    45  or  suspension  of  license,  whichever is appropriate, with an offer to
    46  withhold such action until after a department hearing, if  such  hearing
    47  is  requested by such person. The failure of such person to reply to the
    48  commissioner, either accepting the denial or suspension or requesting  a
    49  hearing,  within thirty days of the date of such notice, shall result in
    50  the imposition of the denial or suspension. If  the  commissioner  deems
    51  any such person's operation of a motor vehicle on a public highway to be
    52  an  immediate  hazard,  he  or she shall deny or suspend such license as
    53  required under subparagraph (i) of this paragraph  and  such  denial  or
    54  suspension  shall be subject to the provisions of such subparagraph (i).
    55  For the purposes of this subparagraph, a person's operation of  a  motor
    56  vehicle  on  a public highway shall be deemed to constitute an immediate
        A. 8983                             3
 
     1  hazard if the commissioner has received evidence that such person's loss
     2  of consciousness has caused or contributed to a motor vehicle accident.
     3    (iii)  A  physician's,  physician  assistant's or nurse practitioner's
     4  statement shall not be acceptable unless such licensed physician, physi-
     5  cian assistant or  nurse  practitioner  has  attended  or  examined  the
     6  patient  within  one  hundred twenty days of the date of such statement,
     7  and if required by the commissioner, may be required to be submitted  by
     8  a  physician  licensed  in  a  specialty appropriate to the condition in
     9  question.
    10    e. The commissioner may require the submission of physicians',  physi-
    11  cian assistants' or nurse practitioners' statements on a scheduled basis
    12  as a condition of licensing in those cases in which a person has experi-
    13  enced  loss of consciousness but meets standards of fitness as set forth
    14  in rules and regulations prescribed by the commissioner, and the  physi-
    15  cian's,  physician  assistant's  or nurse practitioner's statement indi-
    16  cates that medication is being taken to meet such standards and, in  the
    17  opinion of either the submitting physician, physician assistant or nurse
    18  practitioner   or  the  medical  consultant  to  the  commissioner,  the
    19  submission of such scheduled physician's, physician assistant's or nurse
    20  practitioner's statements is considered necessary or desirable. However,
    21  the provisions of this subdivision shall not be applicable in  any  case
    22  where  a  person  has been seizure free without medication for a minimum
    23  period of one year and submits a physician's, physician  assistant's  or
    24  nurse practitioner's statement.
    25    f. Any hearing held pursuant to this subdivision shall be conducted in
    26  conformity with the provisions of the state administrative procedure act
    27  and any regulations promulgated by the commissioner thereunder. Judicial
    28  review  of a determination made by the commissioner after a hearing held
    29  pursuant to this subdivision may be had without an administrative appeal
    30  being made pursuant to article three-A of this chapter.
    31    § 2. This act shall take effect on the  same  date  and  in  the  same
    32  manner as a chapter of the laws of 2019 amending the vehicle and traffic
    33  law  relating to the licensing of drivers where there is evidence of the
    34  loss of consciousness by such person, as proposed in  legislative  bills
    35  numbers S.5225-A and A.4751-A, takes effect.

A08983 LFIN:

 
NO LFIN

A08983 Chamber Video/Transcript: