senate Bill S382

Amended

Prohibits approval by the commissioner of motor vehicles of defensive driving courses or defensive driving programs conducted over the internet only

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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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 14 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 14 / Jan / 2014
    • PRINT NUMBER 382A

Summary

Prohibits approval by the commissioner of motor vehicles of defensive driving courses or defensive driving programs conducted over the internet only.

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Bill Details

Versions:
S382
S382A
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Transportation
Laws Affected:
Amd ยง5, Chap 751 of 2005
Versions Introduced in Previous Legislative Cycles:
2011-2012: S290
2009-2010: S2172A

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BILL NUMBER:S382

TITLE OF BILL:
An act
to amend
chapter 751 of the laws of 2005, amending the insurance law and the
vehicle and traffic law relating to establishing the accident prevention
course internet technology pilot program, in relation to repealing such
program

PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit the commissioner's approval of defensive
driving courses or defensive driving programs conducted over the
internet only.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. States that the Commissioner of Motor Vehicles shall not
approve any defensive driving program or defensive driving course
instructed only over the internet and shall require that a certified
instructor be physically present for the instruction of such programs.

Section 2. Repeals Article 12-C of the vehicle and traffic law.

Section 3. Provides that the commissioner of motor vehicles shall make
any rule, regulation and/or repeal necessary for the implementation
of this act prior to its effective date

Section 4. Effective date

EXISTING LAW:
Article 12-C of the Vehicle and Traffic Law establishes the Accident
Prevention Course Internet and Other Technology Pilot Program.

JUSTIFICATION:
This legislation would instruct the commissioner of motor vehicles not
to approve defensive driving programs taken over the internet. The
commissioner would only approve courses where an instructor is
physically present. This bill would guarantee the proper
identification of people signing up for such courses. The physical
presence of a certified instructor would also facilitate the.
clarification of any questions or issues rising from course content.

The State Senate provides its members and staff with the opportunity
to attend the Defensive Driving Course. Successful completion of the
course results in a reduction of the participant's insurance premiums.
Successful completion of the course requires the participants to
attend in person. It seems reasonable that if the State Senate
requires in-person attendance of its employees, then State Statute
should reflect that requirement as well.

PRIOR LEGISLATIVE HISTORY:
2012: S.290 - Referred to Transportation
2011: S.290 - Notice of Committee Consideration Requested;
Discharged from Transportation and Committed to Insurance
2009-10: S.23172A - Amended and Recommitted to
Transportation/A.324 - Enacting Clause Stricken


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall
become law.

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

                                   382

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend chapter 751 of the laws of 2005, amending the  insurance
  law and the vehicle and traffic law relating to establishing the acci-
  dent  prevention course internet technology pilot program, in relation
  to repealing such program

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

  Section  1.  The  commissioner of motor vehicles shall not approve any
defensive driving program or defensive driving  course  instructed  only
over  the  internet or other such technological means, and shall require
that a certified instructor be physically present for the instruction of
such programs. All fees received, but not yet expended, by  the  depart-
ment of motor vehicles pursuant to the provisions of article 12-C of the
vehicle  and  traffic law and all other moneys appropriated, credited or
transferred thereto from any other fund or source pursuant  to  law  for
purposes of administering or implementing the provisions of such article
12-C  shall  be  returned to the possession of the state comptroller and
the commissioner of taxation and finance within sixty days from the date
on which this act shall take effect.
  S 2. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating  to  establishing  the
accident prevention course internet technology pilot program, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed [five
years  after  the date that the accident prevention course internet, and
other technology pilot program is established  and  implemented  by  the
commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act] ON THE EFFECTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00618-01-3

S. 382                              2

DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  THIRTEEN  THAT  AMENDED
THIS  SECTION;  provided  that  any  rules  and regulations necessary to
implement the provisions of this act on its effective date  are  author-
ized  and directed to be completed on or before such date; and provided,
further, that the commissioner of motor vehicles shall notify the legis-
lative bill drafting commission of the date he or  she  establishes  and
implements  the  accident  prevention  course  internet technology pilot
program pursuant to article 12-C of the  vehicle  and  traffic  law,  as
added  by  section  three of this act, in order that such commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.
  S 3. The commissioner of motor vehicles shall  make  any  rule,  regu-
lation  and/or repeal necessary for the implementation of this act on or
before its effective date.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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