New York S 4971: Relates to hazard duty pay for essential work performed in accordance with a state emergency disaster declaration

Bill Text

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S04971 Summary:

BILL NOS04971 

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SAME ASNo Same As

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SPONSORBAILEY

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COSPNSR

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MLTSPNSR

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Amd §1194, V & T L

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Requires a police officer to provide the consequences of refusal to submit to a chemical test for the purpose of determining the alcoholic and/or drug content of the blood, both orally and in writing in such person's preferred language, and by an interpreter if necessary.

Go to top S04971 Actions:

BILL NOS04971 

&nbsp

02/14/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS04971 Committee&nbspVotes:

Go to topS04971 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04971 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4971

 2025-2026 Regular Sessions

 IN SENATE

 February 14, 2025
 ___________

 Introduced by Sen. BAILEY -- 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 chemical
 tests for the purpose of determining the alcoholic and/or drug content
 of the blood

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

 1 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of
 2 section 1194 of the vehicle and traffic law, as amended by chapter 196
 3 of the laws of 1996, is amended to read as follows:
 4 When authorized. Any person who operates a motor vehicle in this state
 5 shall be deemed to have given consent to a chemical test of one or more
 6 of the following: breath, blood, urine, or saliva, for the purpose of
 7 determining the alcoholic and/or drug content of the blood provided that
 8 such test is administered by or at the direction of a police officer
 9 with respect to a chemical test of breath, urine or saliva or, with
 10 respect to a chemical test of blood, at the direction of a police offi-
 11 cer provided, however, that a police officer shall, after an oral and a
 12 written explanation in the preferred language of the driver, by an
 13 interpreter if necessary, of the consequences of refusal to take such
 14 test:
 15 § 2. Subparagraphs 1 and 2 of paragraph (b) of subdivision 2 of
 16 section 1194 of the vehicle and traffic law, subparagraph 1 as amended
 17 by chapter 489 of the laws of 2017, clause (A) of subparagraph 1 and
 18 subparagraph 2 as amended by chapter 27 of the laws of 2018, are amended
 19 to read as follows:
 20 (1) If: (A) such person having been placed under arrest; or (B) after
 21 a breath test indicates the presence of alcohol in the person's system;
 22 or (C) with regard to a person under the age of twenty-one, there are
 23 reasonable grounds to believe that such person has been operating a
 24 motor vehicle after having consumed alcohol in violation of section

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09115-01-5

 S. 4971 2

 1 eleven hundred ninety-two-a of this article; and having thereafter been
 2 requested to submit to such chemical test and having been informed, both
 3 orally and in writing in such person's preferred language, that the
 4 person's license or permit to drive and any non-resident operating priv-
 5 ilege shall be immediately suspended and subsequently revoked, or, for
 6 operators under the age of twenty-one for whom there are reasonable
 7 grounds to believe that such operator has been operating a motor vehicle
 8 after having consumed alcohol in violation of section eleven hundred
 9 ninety-two-a of this article, shall be revoked for refusal to submit to
 10 such chemical test or any portion thereof, whether or not the person is
 11 found guilty of the charge for which such person is arrested or
 12 detained, refuses to submit to such chemical test or any portion there-
 13 of, unless a court order has been granted pursuant to subdivision three
 14 of this section, the test shall not be given and a written report of
 15 such refusal shall be immediately made by the police officer before whom
 16 such refusal was made. Such report may be verified by having the report
 17 sworn to, or by affixing to such report a form notice that false state-
 18 ments made therein are punishab