S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4597
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the mental hygiene law, in  relation  to  reestablishing
   the alcohol and drug rehabilitation program within the office of alco-
   holism and substance abuse services; and to repeal section 1196 of the
   vehicle and traffic law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The mental hygiene law is amended by adding a new  section
 19.26 to read as follows:
 § 19.26 ALCOHOL AND DRUG REHABILITATION PROGRAM.
   (A)  PROGRAM ESTABLISHMENT. THERE IS HEREBY ESTABLISHED AN ALCOHOL AND
 DRUG REHABILITATION PROGRAM WITHIN THE OFFICE.   THE COMMISSIONER  SHALL
 ESTABLISH,  BY  REGULATION, THE INSTRUCTIONAL AND REHABILITATIVE ASPECTS
 OF THE PROGRAM.  SUCH PROGRAM SHALL CONSIST OF AT  LEAST  FIFTEEN  HOURS
 AND  INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM INSTRUCTION IN AREAS
 DEEMED APPROPRIATE BY THE COMMISSIONER. NO PERSON SHALL BE  REQUIRED  TO
 ATTEND OR PARTICIPATE IN SUCH PROGRAM OR ANY ASPECT THEREOF FOR A PERIOD
 EXCEEDING  EIGHT  MONTHS EXCEPT UPON THE RECOMMENDATION OF THE OFFICE OR
 APPROPRIATE HEALTH OFFICIALS ADMINISTERING THE PROGRAM ON  BEHALF  OF  A
 MUNICIPALITY.
   (B)  CURRICULUM.  THE  FORM, CONTENT AND METHOD OF PRESENTATION OF THE
 VARIOUS ASPECTS OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE  COMMISSION-
 ER.  IN  THE  DEVELOPMENT  OF  THE  FORM, CURRICULUM AND CONTENT OF SUCH
 PROGRAM, THE COMMISSIONER MAY CONSULT WITH THE  COMMISSIONER  OF  MENTAL
 HEALTH AND ANY OTHER STATE AGENCY, DEPARTMENT OR OFFICE, AND MAY REQUEST
 AND RECEIVE ASSISTANCE FROM THEM. THE COMMISSIONER IS ALSO AUTHORIZED TO
 DEVELOP  MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN
 ORDER TO MEET THE VARYING REHABILITATIVE NEEDS OF PARTICIPANTS.
   (C) WHERE AVAILABLE. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN AT
 LEAST EVERY COUNTY IN THE STATE, EXCEPT WHERE  THE  COMMISSIONER  DETER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06460-01-7

 A. 4597                             2
 
 MINES  THAT  THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL OR DRUG-RELATED
 TRAFFIC OFFENSES IN A  COUNTY  TO  MANDATE  THE  ESTABLISHMENT  OF  SAID
 COURSE;  AND  PROVIDED THAT PROVISIONS BE MADE FOR THE RESIDENTS OF SAID
 COUNTY TO ATTEND A COURSE IN ANOTHER COUNTY WHERE A COURSE EXISTS.
   (D)  ELIGIBILITY.  PARTICIPATION  IN  THE  PROGRAM SHALL BE LIMITED TO
 THOSE PERSONS WHO HAVE BEEN: CONVICTED OF ALCOHOL OR DRUG-RELATED  TRAF-
 FIC OFFENSES; ADJUDICATED YOUTHFUL OFFENDERS FOR ALCOHOL OR DRUG-RELATED
 TRAFFIC  OFFENSES; OR FOUND TO HAVE BEEN OPERATING A MOTOR VEHICLE AFTER
 HAVING CONSUMED ALCOHOL, IN VIOLATION OF SECTION ELEVEN HUNDRED  NINETY-
 TWO-A  OF  THE  VEHICLE AND TRAFFIC LAW, CHOOSE TO PARTICIPATE, AND MEET
 THE REQUIREMENTS FOR PARTICIPATION ESTABLISHED BY THIS SECTION  AND  THE
 REGULATIONS  PROMULGATED THEREUNDER; PROVIDED, HOWEVER, THE JUDGE IMPOS-
 ING SENTENCE MAY PROHIBIT THE DEFENDANT FROM ENROLLING IN SUCH  PROGRAM.
 THE  COMMISSIONER  MAY  ALSO EXERCISE DISCRETION BY REJECTING ANY PERSON
 FROM PARTICIPATION REFERRED TO SUCH PROGRAM AND NOTHING HEREIN CONTAINED
 SHALL BE CONSTRUED AS CREATING A RIGHT TO BE INCLUDED IN ANY  COURSE  OR
 PROGRAM  ESTABLISHED UNDER THIS SECTION. IN ADDITION, NO PERSON SHALL BE
 PERMITTED TO TAKE PART IN SUCH PROGRAM IF, DURING THE FIVE  YEARS  IMME-
 DIATELY  PRECEDING  COMMISSION  OF  AN  ALCOHOL  OR DRUG-RELATED TRAFFIC
 OFFENSE OR A FINDING OF A VIOLATION OF SECTION  ELEVEN  HUNDRED  NINETY-
 TWO-A  OF THE VEHICLE AND TRAFFIC LAW, SUCH PERSON HAS PARTICIPATED IN A
 PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE  OR  BEEN  CONVICTED  OF  A
 VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
 VEHICLE AND TRAFFIC LAW OTHER THAN A VIOLATION COMMITTED PRIOR TO NOVEM-
 BER  FIRST, NINETEEN HUNDRED EIGHTY-EIGHT, FOR WHICH SUCH PERSON DID NOT
 PARTICIPATE IN SUCH PROGRAM. IN THE EXERCISE OF DISCRETION, THE  COMMIS-
 SIONER  SHALL  HAVE  THE RIGHT TO EXPEL ANY PARTICIPANT FROM THE PROGRAM
 WHO FAILS TO SATISFY THE REQUIREMENTS FOR PARTICIPATION IN SUCH  PROGRAM
 OR  WHO  FAILS  TO SATISFACTORILY PARTICIPATE IN OR ATTEND ANY ASPECT OF
 SUCH PROGRAM. NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THE VEHICLE AND
 TRAFFIC LAW, SATISFACTORY PARTICIPATION IN AND COMPLETION OF A COURSE IN
 SUCH PROGRAM SHALL RESULT IN THE TERMINATION OF ANY SENTENCE  OF  IMPRI-
 SONMENT  THAT  MAY HAVE BEEN IMPOSED BY REASON OF A CONVICTION THEREFOR;
 PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS  SECTION  SHALL  DELAY
 THE COMMENCEMENT OF SUCH SENTENCE.
   (E)  EFFECT  OF COMPLETION. EXCEPT AS PROVIDED IN SUBPARAGRAPH NINE OF
 PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-THREE
 OR  IN SUBPARAGRAPH THREE OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION
 ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, UPON SUCCESS-
 FUL COMPLETION OF A COURSE IN SUCH PROGRAM AS CERTIFIED BY ITS  ADMINIS-
 TRATOR,  A  PARTICIPANT MAY APPLY TO THE COMMISSIONER OF MOTOR VEHICLES,
 ON A FORM PROVIDED FOR THAT PURPOSE, FOR THE TERMINATION OF THE  SUSPEN-
 SION  OR  REVOCATION  ORDER  ISSUED  AS  A  RESULT  OF THE PARTICIPANT'S
 CONVICTION THAT CAUSED THE PARTICIPATION IN SUCH COURSE. IN THE EXERCISE
 OF DISCRETION, UPON RECEIPT OF SUCH APPLICATION, AND UPON PAYMENT OF ANY
 CIVIL PENALTIES FOR WHICH THE APPLICANT MAY BE LIABLE, THE  COMMISSIONER
 OF  MOTOR  VEHICLES  IS AUTHORIZED TO TERMINATE SUCH ORDER OR ORDERS AND
 RETURN THE PARTICIPANT'S LICENSE, OR REINSTATE THE PRIVILEGE OF  OPERAT-
 ING  A  MOTOR  VEHICLE IN THIS STATE. HOWEVER, THE COMMISSIONER OF MOTOR
 VEHICLES SHALL NOT ISSUE ANY NEW LICENSE NOR RESTORE ANY  LICENSE  WHERE
 SAID  ISSUANCE  OR  RESTORAL IS PROHIBITED BY SUBDIVISION TWO OF SECTION
 ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW.
   (F) FEES. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE OF  FEES  TO  BE
 PAID  BY  OR ON BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM
 TIME TO TIME, MODIFY SAME. SUCH FEES SHALL DEFRAY THE  ONGOING  EXPENSES
 OF  THE  PROGRAM.  PROVIDED, HOWEVER, THAT PURSUANT TO AN AGREEMENT WITH

 A. 4597                             3
 
 THE OFFICE A MUNICIPALITY,  DEPARTMENT  THEREOF,  OR  OTHER  AGENCY  MAY
 CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH
 COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR AGEN-
 CY.  IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE
 PARTICIPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
   (G)  CONDITIONAL  LICENSE.  (1)   NOTWITHSTANDING   ANY   INCONSISTENT
 PROVISION  OF  THE VEHICLE AND TRAFFIC LAW, PARTICIPANTS IN THE PROGRAM,
 EXCEPT THOSE PENALIZED UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 ELEVEN HUNDRED NINETY-THREE OF THE  VEHICLE  AND  TRAFFIC  LAW  FOR  ANY
 VIOLATION  OF  SUBDIVISION TWO, THREE, OR FOUR OF SECTION ELEVEN HUNDRED
 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, MAY, AT THE DISCRETION OF THE
 COMMISSIONER  OF  MOTOR  VEHICLES,  BE  ISSUED  A  CONDITIONAL  DRIVER'S
 LICENSE;  OR  IF  THE HOLDER OF A LICENSE ISSUED BY ANOTHER JURISDICTION
 VALID FOR OPERATION IN THIS STATE, A CONDITIONAL PRIVILEGE OF  OPERATING
 A  MOTOR VEHICLE IN THIS STATE.  SUCH A CONDITIONAL LICENSE OR PRIVILEGE
 SHALL BE VALID ONLY FOR USE BY THE HOLDER THEREOF: (I)  ENROUTE  TO  AND
 FROM  THE  HOLDER'S PLACE OF EMPLOYMENT; (II) IF THE HOLDER'S EMPLOYMENT
 REQUIRES THE OPERATION OF A MOTOR VEHICLE THEN DURING THE HOURS THEREOF;
 (III) ENROUTE TO AND FROM A CLASS OR AN ACTIVITY THAT IS  AN  AUTHORIZED
 PART  OF THE ALCOHOL AND DRUG REHABILITATION PROGRAM AND AT WHICH HIS OR
 HER ATTENDANCE IS REQUIRED; (IV) ENROUTE TO AND FROM A CLASS  OR  COURSE
 AT  AN  ACCREDITED  SCHOOL, COLLEGE OR UNIVERSITY OR AT A STATE APPROVED
 INSTITUTION OF VOCATIONAL OR TECHNICAL TRAINING; (V) TO  OR  FROM  COURT
 ORDERED  PROBATION  ACTIVITIES;  (VI) TO AND FROM A MOTOR VEHICLE OFFICE
 FOR THE TRANSACTION OF BUSINESS RELATING TO  SUCH  LICENSE  OR  PROGRAM;
 (VII)  FOR A THREE HOUR CONSECUTIVE DAYTIME PERIOD, CHOSEN BY THE ADMIN-
 ISTRATORS OF THE PROGRAM, ON A DAY DURING WHICH THE PARTICIPANT  IS  NOT
 ENGAGED  IN  USUAL  EMPLOYMENT OR VOCATION; (VIII) ENROUTE TO AND FROM A
 MEDICAL EXAMINATION OR TREATMENT AS PART OF A NECESSARY  MEDICAL  TREAT-
 MENT  FOR  SUCH PARTICIPANT OR MEMBER OF THE PARTICIPANT'S HOUSEHOLD, AS
 EVIDENCED BY A WRITTEN STATEMENT TO THAT EFFECT FROM A LICENSED  MEDICAL
 PRACTITIONER;  AND (IX) ENROUTE TO AND FROM A PLACE, INCLUDING A SCHOOL,
 AT WHICH A CHILD OR CHILDREN OF THE HOLDER ARE CARED FOR  ON  A  REGULAR
 BASIS  AND  WHICH  IS NECESSARY FOR THE HOLDER TO MAINTAIN SUCH HOLDER'S
 EMPLOYMENT OR ENROLLMENT AT AN ACCREDITED SCHOOL, COLLEGE OR  UNIVERSITY
 OR  AT A STATE APPROVED INSTITUTION OF VOCATIONAL OR TECHNICAL TRAINING.
 SUCH LICENSE OR PRIVILEGE SHALL REMAIN IN EFFECT DURING THE TERM OF  THE
 SUSPENSION  OR  REVOCATION  OF  THE  PARTICIPANT'S  LICENSE OR PRIVILEGE
 UNLESS EARLIER REVOKED BY THE COMMISSIONER OF MOTOR VEHICLES.
   (2) THE CONDITIONAL LICENSE OR PRIVILEGE DESCRIBED IN PARAGRAPH ONE OF
 THIS SUBDIVISION SHALL BE IN A FORM PRESCRIBED BY  THE  COMMISSIONER  OF
 MOTOR  VEHICLES, AND SHALL HAVE INDICATED THEREIN THE CONDITIONS IMPOSED
 BY SUCH PARAGRAPH.
   (3) UPON RECEIPT OF A CONDITIONAL  LICENSE  ISSUED  PURSUANT  TO  THIS
 SECTION,  ANY ORDER ISSUED BY A JUDGE, JUSTICE OR MAGISTRATE PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-THREE
 OF THE VEHICLE AND TRAFFIC LAW SHALL BE SURRENDERED TO THE DEPARTMENT OF
 MOTOR VEHICLES.
   (4)  THE COMMISSIONER OF MOTOR VEHICLES SHALL REQUIRE APPLICANTS FOR A
 CONDITIONAL LICENSE TO PAY A FEE OF SEVENTY-FIVE DOLLARS FOR  PROCESSING
 COSTS.  SUCH  FEES  ASSESSED UNDER THIS SUBDIVISION SHALL BE PAID TO THE
 COMMISSIONER FOR DEPOSIT TO THE GENERAL FUND AND SHALL BE IN ADDITION TO
 ANY FEES ESTABLISHED BY THE COMMISSIONER PURSUANT TO  PARAGRAPH  SIX  OF
 THIS  SUBDIVISION  TO DEFRAY THE COSTS OF THE ALCOHOL AND DRUG REHABILI-
 TATION PROGRAM.

 A. 4597                             4
 
   (5) THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN  THIS  SUBDIVI-
 SION  MAY  BE  REVOKED BY THE COMMISSIONER OF MOTOR VEHICLES, FOR SUFFI-
 CIENT CAUSE INCLUDING, BUT NOT LIMITED TO, FAILURE TO  REGISTER  IN  THE
 PROGRAM,   FAILURE  TO  ATTEND  OR  SATISFACTORILY  PARTICIPATE  IN  THE
 SESSIONS,  CONVICTION OF ANY TRAFFIC INFRACTION OTHER THAN ONE INVOLVING
 PARKING, STOPPING OR STANDING OR CONVICTION OF ANY ALCOHOL  OR  DRUG-RE-
 LATED  TRAFFIC  OFFENSE, MISDEMEANOR OR FELONY. IN ADDITION, THE COMMIS-
 SIONER OF MOTOR VEHICLES SHALL HAVE  THE  RIGHT,  AFTER  A  HEARING,  TO
 REVOKE  THE CONDITIONAL LICENSE OR PRIVILEGE UPON RECEIVING NOTIFICATION
 OR EVIDENCE THAT THE OFFENDER IS NOT ATTEMPTING IN GOOD FAITH TO  ACCEPT
 REHABILITATION.  IN  THE  EVENT OF SUCH REVOCATION, THE FEE DESCRIBED IN
 PARAGRAPH SIX OF THIS SUBDIVISION SHALL NOT BE REFUNDED.
   (6) IT SHALL BE A TRAFFIC INFRACTION FOR THE HOLDER OF  A  CONDITIONAL
 LICENSE  OR  PRIVILEGE  TO OPERATE A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
 FOR ANY USE OTHER THAN THOSE AUTHORIZED PURSUANT  TO  PARAGRAPH  ONE  OF
 THIS  SUBDIVISION.  WHEN  A  PERSON  IS  CONVICTED  OF THIS OFFENSE, THE
 SENTENCE OF THE COURT MUST BE A  FINE  OF  NOT  LESS  THAN  TWO  HUNDRED
 DOLLARS  NOR MORE THAN FIVE HUNDRED DOLLARS OR A TERM OF IMPRISONMENT OF
 NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE AND  IMPRISONMENT.    ADDI-
 TIONALLY, THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN THIS SUBDI-
 VISION  SHALL  BE  REVOKED  BY  THE  COMMISSIONER OF MOTOR VEHICLES UPON
 RECEIVING NOTIFICATION FROM THE COURT THAT THE HOLDER THEREOF  HAS  BEEN
 CONVICTED OF THIS OFFENSE.
   (7)  NOTWITHSTANDING  ANYTHING  TO THE CONTRARY CONTAINED IN A CERTIF-
 ICATE OF RELIEF FROM DISABILITIES  OR  A  CERTIFICATE  OF  GOOD  CONDUCT
 ISSUED  PURSUANT  TO  ARTICLE  TWENTY-THREE  OF  THE CORRECTION LAW, ANY
 CONDITIONAL LICENSE OR PRIVILEGE ISSUED  TO  A  PERSON  CONVICTED  OF  A
 VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
 VEHICLE  AND  TRAFFIC  LAW  SHALL  NOT BE VALID FOR THE OPERATION OF ANY
 COMMERCIAL MOTOR VEHICLE. IN ADDITION, NO SUCH  CONDITIONAL  LICENSE  OR
 PRIVILEGE  SHALL  BE  VALID FOR THE OPERATION OF A TAXICAB AS DEFINED IN
 THE VEHICLE AND TRAFFIC LAW.
   (8) NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  THE  VEHICLE  AND
 TRAFFIC  LAW, THE CONDITIONAL LICENSE DESCRIBED IN THIS SUBDIVISION MAY,
 PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER OF  MOTOR  VEHI-
 CLES,  BE  ISSUED  TO  A PERSON WHOSE LICENSE HAS BEEN SUSPENDED PENDING
 PROSECUTION PURSUANT TO SUBPARAGRAPH SEVEN OF PARAGRAPH (E) OF  SUBDIVI-
 SION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAF-
 FIC LAW.
   § 2. Section 1196 of the vehicle and traffic law is REPEALED.
   §  3.  Notwithstanding any other provision of law to the contrary, the
 department of motor vehicles is hereby authorized to transfer the  alco-
 hol and drug rehabilitation program established pursuant to section 1196
 of the vehicle and traffic law to the office of alcoholism and substance
 abuse  services.  Oversight and responsibility for the operation of such
 program shall be assumed by such office and  any  regulations  necessary
 for  the  continued  operation  and  oversight  of  the program shall be
 promulgated by  the  commissioner  of  alcoholism  and  substance  abuse
 services in consultation with the commissioner of motor vehicles.
   § 4. Any rules or regulations promulgated by the commissioner of motor
 vehicles  pursuant  to the provisions of section 1196 of the vehicle and
 traffic law shall survive the repeal of such section pursuant to section
 two of this act, and shall be applicable to section 19.26 of the  mental
 hygiene law, as added by section one of this act.
   §  5.  This act shall take effect immediately; provided, however, that
 absent explicit language expressly and unequivocally stating a  legisla-

 A. 4597                             5
 
 tive  intent to the contrary, all provisions of this act are irrefutably
 presumed to operate in a wholly prospective manner. Provisions shall  be
 considered  to operate retroactively, and therefore in violation of this
 section, if applied in such a manner as to alter, change, affect, impair
 or defeat any rights, obligations, duties or interests accrued, incurred
 or  conferred  prior to the effective date of this act. Furthermore, the
 provisions of this act shall neither apply to, nor be applied based upon
 the occasion of, acts occurring prior to the effective date thereof.