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

                                  4219

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- 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 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03069-01-5
              

S. 4219                             2

  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 amended by section 2 of part W of chapter 59 of the laws of
2014, 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
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

S. 4219                             3

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  fourteen,  in  each  year,  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 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 fourteen  and  for  each  such
fiscal  year thereafter, any such fees collected pursuant to this subdi-
vision and section eleven hundred ninety-nine of this chapter  shall  be
paid  to the credit of the comptroller on account of the dedicated high-
way 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
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

S. 4219                             4

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.