senate Bill S4740C

Relates to a motor vehicle accident prevention course for drivers convicted of driving while intoxicated or while under the influence of drugs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Apr / 2011
    • REFERRED TO TRANSPORTATION
  • 10 / May / 2011
    • 1ST REPORT CAL.606
  • 11 / May / 2011
    • AMENDED (T) 4740A
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 23 / May / 2011
    • AMENDED ON THIRD READING (T) 4740B
  • 01 / Jun / 2011
    • AMENDED ON THIRD READING 4740C
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 29 / Feb / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 25 / Apr / 2012
    • 1ST REPORT CAL.583
  • 26 / Apr / 2012
    • 2ND REPORT CAL.
  • 30 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 02 / May / 2012
    • PASSED SENATE
  • 02 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2012
    • REFERRED TO TRANSPORTATION

Summary

Relates to a motor vehicle accident prevention course for drivers convicted of driving while intoxicated or while under the influence of drugs.

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Bill Details

See Assembly Version of this Bill:
A7220C
Versions:
S4740
S4740A
S4740B
S4740C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1199 & 503, V & T L; amd §2336, Ins L

Sponsor Memo

BILL NUMBER:S4740C

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the insurance law,
in relation to the added
requirement of a motor vehicle accident prevention course for
driving while under the influence of alcohol or drugs
violations

PURPOSE:
To incorporate into the Driver Responsibility Assessment, mandatory
participation in a motor vehicle accident prevention course approved
by the Department of Motor Vehicles.

SUMMARY OF PROVISIONS:
This bill would amend Section 1199 of the vehicle and traffic law to
require participation in an accident and motor vehicle prevention
course approved by the department of motor vehicles, within 6 months,
by any person who becomes liable to the department for payment of a
driver responsibility assessment. The law shall state that in no
event shall participation in the course, for the purpose of the
driver responsibility assessment, result in a point reduction or
insurance premium reduction as provided in § 2336 of the Insurance
Law. Nothing in this law, however, shall prevent a person from
participating in the course on a separate occasion for the insurance
reduction benefits.

JUSTIFICATION:
Persons that are subject to the driver responsibility assessment
represent the most dangerous segment of traffic violators. While
fines, fees, penalties and surcharges serve as a deterrent, the
current program lacks a treatment component to affect behavior
modification.
Programs approved by the department of motor vehicles have
demonstrated to be effective in reducing collisions and violations,
thus having a positive effect on recidivism.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4740--C
    Cal. No. 606

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 18, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second  report  --  ordered  to  a
  third  reading,  amended and ordered reprinted, retaining its place in
  the order of third reading -- again  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
  relation  to  the  added  requirement  of  a  motor  vehicle  accident
  prevention  course for driving while under the influence of alcohol or
  drugs violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1199 of the vehicle and traffic law, as added by
section 1 of part E of chapter 59 of the laws of  2004,  is  amended  to
read as follows:
  S  1199.  Driver  responsibility assessment AND MOTOR VEHICLE ACCIDENT
PREVENTION COURSE REQUIREMENT.   1. In  addition  to  any  fines,  fees,
penalties  and  surcharges  authorized by law, any person convicted of a
violation of any subdivision of section  eleven  hundred  ninety-two  of
this  article,  or  any  person found to have refused a chemical test in
accordance with section eleven hundred ninety-four of this  article  not
arising  out of the same incident as a conviction for a violation of any
of the provisions of section eleven hundred ninety-two of this  article,
shall  become liable to the department for payment of a driver responsi-
bility assessment as provided in this section AND FOR  COMPLETION  OF  A
MOTOR  VEHICLE  ACCIDENT  PREVENTION COURSE APPROVED PURSUANT TO ARTICLE
TWELVE-B OR TWELVE-C OF THIS CHAPTER WITHIN SIX MONTHS OF NOTICE BY  THE
COMMISSIONER OF THE OBLIGATION TO COMPLETE SUCH COURSE; PROVIDED, HOWEV-
ER,  THAT  COMPLETION  OF SUCH COURSE PURSUANT TO THIS SECTION SHALL NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10096-06-1

S. 4740--C                          2

ENTITLE SUCH INDIVIDUAL  TO  A  POINT  REDUCTION  OR  INSURANCE  PREMIUM
REDUCTION  PURSUANT  TO  SECTION  TWENTY-THREE HUNDRED THIRTY-SIX OF THE
INSURANCE LAW.
  2.  The  amount  of  the  driver  responsibility assessment under this
section shall be two hundred fifty dollars per  year  for  a  three-year
period.
  3.  Upon  receipt  of  evidence that a person is liable for the driver
responsibility assessment OR MOTOR VEHICLE  ACCIDENT  PREVENTION  COURSE
required  by  this section, the commissioner shall notify such person by
first class mail to the address of such person on file with the  depart-
ment  or  at  the  current  address provided by the United States postal
service of the amount of such assessment, the time and manner of  making
required  payments,  THE REQUIREMENT OF COMPLETING A MOTOR VEHICLE ACCI-
DENT PREVENTION COURSE, and that failure to  make  payment  OR  COMPLETE
SUCH  COURSE  shall  result  in  the  suspension  of his or her driver's
license or privilege of obtaining a driver's license.
  4. If a person shall fail to pay any driver responsibility  assessment
OR  COMPLETE  A  MOTOR VEHICLE ACCIDENT PREVENTION COURSE as provided in
this section, the commissioner  shall  suspend  such  person's  driver's
license  or  privilege  of  obtaining  a  license. Such suspension shall
remain in effect until any and  all  outstanding  driver  responsibility
assessments have been paid in full AND SUCH PERSON HAS PROVIDED PROOF OF
COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
  5.  The  provisions  of  this  section shall also be applicable to any
person convicted of any violation of section forty-nine-a of the naviga-
tion law, any person convicted of a violation of section  25.24  of  the
parks,  recreation and historic preservation law, or any person found to
have  refused  a  chemical  test  in  accordance  with  the   applicable
provisions  of  either  the  navigation law or the parks, recreation and
historic preservation law not arising out of the same incident  as  such
conviction.
  S  2.  Subdivision 4 of section 503 of the vehicle and traffic law, as
added by section 2 of part E of chapter 59 of the laws  of  2004,  para-
graph  (f)  as added by section 1 of part W of chapter 59 of the laws of
2006, is amended to read as follows:
  4.  Driver  responsibility  assessment  AND  MOTOR  VEHICLE   ACCIDENT
PREVENTION  COURSE  REQUIREMENT.   (a) Any person who accumulates six or
more points on his or her driving record for acts  committed  within  an
eighteen  month period shall become liable to the department for payment
of a driver responsibility assessment AND  FOR  COMPLETION  OF  A  MOTOR
VEHICLE ACCIDENT PREVENTION COURSE APPROVED PURSUANT TO ARTICLE TWELVE-B
OR  TWELVE-C  OF THIS CHAPTER WITHIN SIX MONTHS OF NOTICE BY THE COMMIS-
SIONER OF THE OBLIGATION TO COMPLETE SUCH COURSE  as  provided  in  this
subdivision.
  (b)  The  amount  of  the  driver responsibility assessment under this
section shall be one hundred dollars per year for  a  three-year  period
for  the first six points on a driver's record and an additional twenty-
five dollars per year for each additional point on such driver's record.
  (c) Upon receipt of evidence that a person is liable  for  the  driver
responsibility  assessment  OR  MOTOR VEHICLE ACCIDENT PREVENTION COURSE
required by this subdivision, the commissioner shall notify such  person
by  first  class  mail  to  the  address of such person on file with the
department or at the current  address  provided  by  the  United  States
postal  service of the amount of such assessment, the time and manner of
making required payments, THE REQUIREMENT OF COMPLETING A MOTOR  VEHICLE
ACCIDENT PREVENTION COURSE, and that failure to make payment OR COMPLETE

S. 4740--C                          3

SUCH  COURSE  shall  result  in  the  suspension  of his or her driver's
license or privilege of obtaining a driver's license.
  (d) If a person shall fail to pay any driver responsibility assessment
OR  COMPLETE  A  MOTOR VEHICLE ACCIDENT PREVENTION COURSE as provided in
this subdivision, the commissioner shall suspend such person's  driver's
license  or  privilege  of  obtaining  a  license. Such suspension shall
remain in effect until any and  all  outstanding  driver  responsibility
assessments have been paid in full AND SUCH PERSON HAS PROVIDED PROOF OF
COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
  (e)  Any  completion  of  a  motor  vehicle accident prevention course
approved pursuant to article twelve-B OR TWELVE-C of this chapter  shall
not  serve  to  reduce  the calculation of points OR THE REDUCTION OF AN
INSURANCE PREMIUM PURSUANT TO SECTION TWENTY-THREE HUNDRED THIRTY-SIX OF
THE INSURANCE LAW on a person's driving record for the purposes of  this
section.
  (f)  Notwithstanding  any  other  provision  of  law  to the contrary,
commencing April first, two thousand six and ending March  thirty-first,
two  thousand  seven,  the  first  forty  million seven hundred thousand
dollars of fees collected pursuant to this subdivision and section elev-
en hundred ninety-nine of this chapter, in the aggregate, shall be  paid
to the state comptroller who shall deposit such money in the state trea-
sury pursuant to section one hundred twenty-one of the state finance law
to  the credit of the general fund. Any such fees collected in excess of
such amount shall be paid to the credit of the comptroller on account of
the dedicated highway and bridge  trust  fund  established  pursuant  to
section  eighty-nine-b of the state finance law. Commencing April first,
two thousand seven and ending March thirty-first,  two  thousand  eight,
and  for each such fiscal year thereafter, the first forty million seven
hundred thousand dollars of fees collected pursuant to this  subdivision
and  section  eleven  hundred ninety-nine of this chapter, in the aggre-
gate, shall be paid to the state  comptroller  who  shall  deposit  such
money  in  the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the  general  fund.  Any  such
fees collected in excess of such amount for each such state fiscal year,
shall  be  paid to the credit of the comptroller on account of the dedi-
cated highway and bridge trust  fund  established  pursuant  to  section
eighty-nine-b of the state finance law.
  S  3.  Subsection (a) of section 2336 of the insurance law, as amended
by chapter 751 of the laws of 2005, is amended to read as follows:
  (a) Any schedule of rates or rating plan for motor  vehicle  liability
and  collision  insurance  submitted to the superintendent shall provide
for an appropriate reduction in premium charges for any  insured  for  a
three year period after successfully completing a motor vehicle accident
prevention  course,  known  as  the  national safety council's defensive
driving course, or any driver improvement course approved by the depart-
ment of motor vehicles as being equivalent to the national safety  coun-
cil's  defensive  driving  course,  provided that, except as provided in
article twelve-C of the vehicle and  traffic  law,  there  shall  be  no
reduction in premiums for a self instruction defensive driving course or
a  course  which does not provide for actual classroom instruction for a
minimum number of hours as determined by the department of  motor  vehi-
cles.  Such  reduction in premium charges shall be subsequently modified
to the extent  appropriate,  based  upon  analysis  of  loss  experience
statistics  and  other  relevant  factors.  All such accident prevention
courses shall be monitored by the department of motor vehicles and shall
include components of instruction in "Road Rage" awareness and in  "Work

S. 4740--C                          4

Zone Safety" awareness as defined by the commissioner of motor vehicles.
The  provisions of this section shall not apply to A MOTOR VEHICLE ACCI-
DENT PREVENTION COURSE COMPLETED PURSUANT TO SECTION FIVE HUNDRED  THREE
OR  ELEVEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW OR attend-
ance at a program pursuant to article  twenty-one  of  the  vehicle  and
traffic law as a result of any traffic infraction.
  S  4.  Subsection (a) of section 2336 of the insurance law, as amended
by chapter 585 of the laws of 2002, is amended to read as follows:
  (a) Any schedule of rates or rating plan for motor  vehicle  liability
and  collision  insurance  submitted to the superintendent shall provide
for an appropriate reduction in premium charges for any  insured  for  a
three year period after successfully completing a motor vehicle accident
prevention  course,  known  as  the  national safety council's defensive
driving course, or any driver improvement course approved by the depart-
ment of motor vehicles as being equivalent to the national safety  coun-
cil's  defensive  driving  course,  provided  that in either event there
shall be no reduction in premiums for a self instruction defensive driv-
ing course or a course which  does  not  provide  for  actual  classroom
instruction  for  a minimum number of hours as determined by the depart-
ment of motor vehicles. Such  reduction  in  premium  charges  shall  be
subsequently  modified to the extent appropriate, based upon analysis of
loss experience statistics and other relevant factors. All such accident
prevention courses shall be monitored by the department of  motor  vehi-
cles  and  shall include components of instruction in "Road Rage" aware-
ness and in "Work Zone Safety" awareness as defined by the  commissioner
of  motor  vehicles. The provisions of this section shall not apply to A
MOTOR VEHICLE ACCIDENT PREVENTION COURSE COMPLETED PURSUANT  TO  SECTION
FIVE  HUNDRED  THREE  OR  ELEVEN  HUNDRED NINETY-NINE OF THE VEHICLE AND
TRAFFIC LAW OR attendance at a program pursuant to article twenty-one of
the vehicle and traffic law as a result of any traffic infraction.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the amendments  to  subsection
(a)  of section 2336 of the insurance law, made by section three of this
act, shall not affect the expiration and repeal of such subdivision  and
shall  be deemed repealed therewith, when upon such date section four of
this act shall take effect.

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