Senate Bill S5173A

2009-2010 Legislative Session

Establishes a driver safety course and a driver safety course fund; repealer

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jun 01, 2009	print number 5173a
Jun 01, 2009	amend and recommit to transportation
Apr 27, 2009	referred to transportation

Bill Amendments

2009-S5173 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld Art 12-C, rpld & add Art 12-B §§399-a - 399-g, V & T L; rpld & add §502 sub 4, V & T L; rpld & add §89-g, St Fin L

2009-S5173 - Summary

Establishes a driver safety course and a driver safety course fund.

2009-S5173 - Sponsor Memo

                                 BILL NUMBER:  S5173

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to a driver safety course; to amend the state finance law, in
relation to a driver safety course fund; and to repeal certain
provisions of such laws relating thereto

 PURPOSE : This bill will create an internet based driver safety
course educating new and established drivers. The current classroom
based 5-hour Pre-Licensing Course and 6-hour Point and Insurance
Reduction Program will be merged into this more uniform approach. This
bill will improve oversight through the use of biometric technology,
and create significant revenue for the state to enhance our roadways.
Biometric technology will be utilized to validate identity and
participation. This will include methods such as facial recognition,
key stroke analysis, voice print or fingerprint.

 SUMMARY OF PROVISIONS : Section 1. Articles 12-B and 12-C of the
vehicle and traffic law are repealed and a new article 12-B is added
to create a new driver safety course. Section 2. Subdivision 4 of
section 502 of the vehicle and traffic law is repealed and a new
subdivision 4 modifies pre-licensing requirements. Section 3. Section
89-q of the state finance law is repealed and a new section 89-g is
added to receive and disperse funds received by the program. Section
4. This act will take effect September 1, 2009.

 JUSTIFICATION : New York drivers are ranked last on their knowledge
of the rules of the road according to 2007 GMAC Insurance National
Drivers Test. In 2006, New Yorkers ranked 47th, and in 2005 they
ranked 44th. Furthermore, the Department of Motor Vehicles recently
conducted two studies which determined that one of New York's current
classroom based training programs, the Point and Insurance Reduction
Program, is not only ineffective, but produces drivers who are more
likely to cause accidents and commit traffic violations. All New
Yorkers are being placed at risk. The State of New York must begin
using the most effective interactive educational methods available to
encourage its citizens to increase their knowledge base and change
their attitudes towards driving behavior. Developing a comprehensive
internet based driver safety course will make our roadways safer for
all citizens and save lives. An internet based uniform traffic safety
educational program educating various drivers in different stages of
their driving lifespan will accomplish this goal.

 LEGISLATIVE HISTORY : 2007-2008; A10947

 FISCAL IMPLICATIONS : Approximately one million students per year
take the prelicensing and point and insurance reduction courses. The
state receives only $2.00 per student for the existing classroom based
point and insurance reduction course, while mainly private
out-of-state firms receive between $50.00 and $75.00 per student. The
state receives nothing on the pre-licensing course, while private
firms pocket roughly $50.00 per student. A New York internet based
basic skills and driver improvement program would produce overall
revenue on the order of $100 million per year.

2009-S5173 - Bill Text download pdf

2009-S5173A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld Art 12-C, rpld & add Art 12-B §§399-a - 399-g, V & T L; rpld & add §502 sub 4, V & T L; rpld & add §89-g, St Fin L

2009-S5173A (ACTIVE) - Summary

Establishes a driver safety course and a driver safety course fund.

2009-S5173A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5173A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to a driver
safety course; to amend the state finance law, in relation to a driver
safety course fund; and to repeal certain provisions of such laws
relating thereto

 PURPOSE :
This bill will create an internet based driver safety course educating
new and established drivers. The current classroom based 5-hour
Pre-Licensing Course and 6-hour Point and Insurance Reduction Program
will be merged into this more uniform approach. This bill will improve
oversight through the use of biometric technology, and create
significant revenue for the state to enhance our roadways.  Biometric
technology will be utilized to validate identity and participation.
This will include methods such as facial recognition, key stroke
analysis, voice print or fingerprint.

 SUMMARY OF PROVISIONS :
Section 1. Articles 12-B and 12-C of the vehicle and traffic law are
repealed and a new article 12-B is added to create a new driver safety
course. Section 2. Subdivision 4 of section 502 of the vehicle and
traffic law is repealed and a new subdivision 4 modifies pre-licensing
requirements. Section 3. Section 89-q of the state finance law is
repealed and a new section 89-g is added to receive and disperse funds

received by the program. Section 4. This act will take effect
September 1, 2009.

 JUSTIFICATION :
New York drivers are ranked last on their knowledge of the rules of
the road according to 2007 GMAC Insurance National Drivers Test. In
2006, New Yorkers ranked 47th, and in 2005 they ranked 44th.
Furthermore, the Department of Motor Vehicles recently conducted two
studies which determined that one of New York's current classroom
based training programs, the Point and Insurance Reduction Program, is
not only ineffective, but produces drivers who are more likely to
cause accidents and commit traffic violations. All New Yorkers are
being placed at risk. The State of New York must begin using the most
effective interactive educational methods available to encourage its
citizens to increase their knowledge base and change their attitudes
towards driving behavior. Developing a comprehensive internet based
driver safety course will make our roadways safer for all citizens and
save lives. An internet based uniform traffic safety educational
program educating various drivers in different stages of their driving
lifespan will accomplish this goal.

 LEGISLATIVE HISTORY :
2007-2008; A.10947

 FISCAL IMPLICATIONS :
Approximately one million students per year take the prelicensing and
point and insurance reduction courses. The state receives only $2.00
per student for the existing classroom based point and insurance
reduction course, while mainly private out-of-state firms receive
between $50.00 and $75.00 per student. The state receives nothing on
the pre-licensing course, while private firms pocket roughly $50.00
per student. A New York internet based basic skills and driver
improvement program would produce overall revenue on the order of $100
million per year.

2009-S5173A (ACTIVE) - Bill Text download pdf

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

                                 5173--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in  relation  to  a  driver
  safety course; to amend the state finance law, in relation to a driver
  safety  course  fund;  and  to  repeal certain provisions of such laws
  relating thereto

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

  Section  1.  Articles 12-B and 12-C of the vehicle and traffic law are
REPEALED and a new article 12-B is added to read as follows:
                              ARTICLE 12-B
                          DRIVER SAFETY COURSE
SECTION 399-A. STATEMENT OF PURPOSE.
        399-B. ESTABLISHMENT AND IMPLEMENTATION OF DRIVER SAFETY COURSE.
        399-C. COURSE CONTENT.
        399-D. FEES.
        399-E. ADVERTISING.
        399-F. REPORT BY COMMISSIONER.
        399-G. REGULATIONS.
  S 399-A. STATEMENT OF PURPOSE. THE  PURPOSE  OF  THIS  ARTICLE  IS  TO
FOSTER  AND  MAINTAIN DRIVER COMPETENCY THROUGH THE CREATION OF A DRIVER
SAFETY COURSE.
  S 399-B. ESTABLISHMENT AND IMPLEMENTATION OF DRIVER SAFETY COURSE. THE
COMMISSIONER SHALL ESTABLISH AND  IMPLEMENT  AN  INTERNET  BASED  DRIVER
SAFETY  COURSE  FOR  THE  PURPOSES OF TRAINING NEW DRIVERS, AND GRANTING
POINT AND INSURANCE  REDUCTION  BENEFITS.  THE  COMMISSIONER  SHALL  NOT
CONTRACT  WITH OR OTHERWISE UTILIZE ANY NON-GOVERNMENTAL ENTITIES IN THE
ESTABLISHMENT OR IMPLEMENTATION OF THIS COURSE, EXCEPT THAT THE  COMMIS-
SIONER  SHALL  CONTRACT WITH A SOFTWARE SOLUTION AND NETWORK INFRASTRUC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06046-04-9

S. 5173--A                          2

TURE PROVIDER. THE COMMISSIONER  SHALL  REQUIRE  THE  SOFTWARE  SOLUTION
PROVIDER  TO  ESTABLISH  WORKSTATIONS  WITH  THE "COURSE" ACCESSIBLE FOR
ENROLLEES AT ALL DEPARTMENT OF MOTOR VEHICLE OFFICES STATEWIDE  AND  ALL
COUNTY  CLERK  OFFICES  CONTRACTED TO ACT AS DEPARTMENT OF MOTOR VEHICLE
SATELLITE OFFICES, NUMBERS OF WORKSTATIONS REQUIRED WILL BE  ESTABLISHED
BY  THE  COMMISSIONER BASED UPON POPULATION.  SUCH SOFTWARE SOLUTION AND
NETWORK INFRASTRUCTURE PROVIDER SHALL BE INCORPORATED AND LOCATED WITHIN
THE STATE, HAVE CONDUCTED BUSINESS WITH THE STATE FOR A  PERIOD  OF  NOT
LESS  THAN  FIVE  YEARS, OFFER COURSE CONTENT AS PART OF THEIR SERVICES,
AND USE BIOMETRIC TECHNOLOGIES TO GUARANTEE SECURITY.  THE  COMMISSIONER
SHALL  IMPLEMENT  A  SYSTEM THAT ALLOWS AN ON-LINE PARTICIPANT TO VERIFY
HIS OR HER IDENTITY AND ENSURES THAT SUCH STUDENT'S IDENTITY AND ON-LINE
TRANSACTION IS SECURE.   THE COMMISSIONER  SHALL  ENDEAVOR  TO  CONTRACT
SOFTWARE  SOLUTION  AND NETWORK INFRASTRUCTURE PROVIDERS CERTIFIED UNDER
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
  S 399-C. COURSE CONTENT. THE COMMISSIONER SHALL CONTRACT WITH A  TECH-
NOLOGY  CONTRACTOR WHO IS WELL-KNOWN IN THE COMMUNITY AND SPECIALIZES IN
TRAFFIC SAFETY CURRICULUM DEVELOPMENT TO DEVELOP A  CURRICULUM  FOR  THE
DRIVER  SAFETY  COURSE IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE. THIS CURRICULUM SHALL CONTAIN INSTRUCTION ON DRIVER ATTITUDE,
COLLISION AWARENESS, THE PROPER USE OF AUTOMOBILE SAFETY DEVICES, DEFEN-
SIVE DRIVING, DRUG AND ALCOHOL IMPAIRMENT, SAFE USE OF AUTOMOBILE  TECH-
NOLOGY,  SCHOOL  AND  WORK ZONE SAFETY, TOLL PLAZA SAFETY, DRIVING WHILE
DROWSY, DRIVER DISTRACTIONS, ROAD RAGE,  SCHOOL  BUS  SAFETY,  AND  SUCH
OTHER  SUBJECTS AS THE COMMISSIONER MAY PRESCRIBE. THIS CURRICULUM SHALL
BE REVIEWED AND UPDATED ANNUALLY.
  S 399-D. FEES. THE COMMISSIONER IS AUTHORIZED TO  IMPOSE  A  FEE  UPON
EACH  STUDENT  WHO  ENROLLS  IN THE DRIVER SAFETY COURSE WHICH SHALL NOT
EXCEED ONE HUNDRED DOLLARS. SUCH FEE SHALL BE WAIVED FOR  ALL  ENROLLEES
AGE  SIXTY-FIVE AND OVER.  THE PROCEEDS FROM SUCH FEE SHALL BE DEPOSITED
IN THE DRIVER SAFETY COURSE FUND AS ESTABLISHED BY SECTION EIGHTY-NINE-G
OF THE STATE FINANCE LAW.
  S 399-E. ADVERTISING. THE GOVERNOR'S TRAFFIC  SAFETY  COMMITTEE  SHALL
DEVELOP AND IMPLEMENT A PROGRAM TO ACTIVELY MARKET AND PROMOTE THE DRIV-
ER SAFETY COURSE TO THE GENERAL PUBLIC.
  S 399-F. REPORT BY COMMISSIONER. THE COMMISSIONER SHALL REPORT ANNUAL-
LY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
ER  OF  THE ASSEMBLY THE NUMBER OF STUDENTS TAKING THE COURSE, AMOUNT OF
REVENUE RECEIVED, THE LOCATION OF STUDENTS BY COUNTY,  AND  WHETHER  THE
COURSE  IS  TAKEN  FOR  PRE-LICENSING,  INSURANCE,  OR  POINT  REDUCTION
PURPOSES.
  S 399-G. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND
REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS  ARTI-
CLE.
  S  2.  Subdivision  4 of section 502 of the vehicle and traffic law is
REPEALED and a new subdivision 4 is added to read as follows:
  4. EXAMINATIONS. (A) UPON SUBMISSION OF AN APPLICATION FOR A  DRIVER'S
LICENSE,  THE  APPLICANT  SHALL  BE REQUIRED (I) TO TAKE AND PASS A TEST
RELATING TO TRAFFIC LAWS, AND SUCH OTHER TRAFFIC  RELATED  MATTERS  THAT
THE COMMISSIONER MAY PRESCRIBE, (II) TO TAKE AND PASS A BEHIND THE WHEEL
EXAMINATION,  AND  (III)  TO  SATISFACTORILY  COMPLETE THE DRIVER SAFETY
COURSE UNDER ARTICLE TWELVE-B OF THIS CHAPTER.
  (B) THE COMMISSIONER SHALL CAUSE THE APPLICANT TO TAKE A  VISION  TEST
AND  A  TEST  FOR  COLOR BLINDNESS. UPON PASSAGE OF THE VISION TEST, THE
APPLICATION MAY BE ACCEPTED AND THE APPLICATION FEE SHALL BE PAYABLE.

S. 5173--A                          3

  (C) THE COMMISSIONER SHALL MAKE AVAILABLE  TO  EACH  APPLICANT  FOR  A
COMMERCIAL   DRIVER'S  LICENSE  INSTRUCTIONAL  HANDBOOKS  OUTLINING  THE
REQUIREMENTS NECESSARY TO QUALIFY FOR SUCH A LICENSE, AND  CONTAINING  A
DISCUSSION  OF  THE  OFFENSES WHICH WILL RESULT IN DISQUALIFICATION FROM
OPERATING  A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION FIVE HUNDRED
ONE-A OF THIS ARTICLE. SUCH HANDBOOKS SHALL BE AVAILABLE IN LANGUAGES AS
THE COMMISSIONER MAY PRESCRIBE.
  (D) THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR PASSAGE OF  A  TEST
UNDER  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, FOR THOSE
APPLICANTS WHO HOLD A VALID OR  RENEWABLE  DRIVER'S  LICENSE  ISSUED  BY
ANOTHER JURISDICTION OR THE UNITED STATES GOVERNMENT.
  (E) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ESTABLISH-
ING  ELIGIBILITY STANDARDS FOR THE TAKING AND PASSING OF KNOWLEDGE TESTS
IN OTHER THAN WRITTEN FORM.
  S 3. Section 89-g of the state finance  law  is  REPEALED  and  a  new
section 89-g is added to read as follows:
  S  89-G.  DRIVER SAFETY COURSE FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DRIVER SAFETY COURSE
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE  DEPARTMENT  OF
MOTOR  VEHICLES  PURSUANT  TO  THE PROVISIONS OF ARTICLE TWELVE-B OF THE
VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED  OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  THE MONEYS IN THE DRIVER SAFETY COURSE FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
  4.  THE  MONEYS  IN  THE  DRIVER  SAFETY COURSE FUND SHALL BE ANNUALLY
DISTRIBUTED AS FOLLOWS: NOT MORE THAN THIRTY PERCENT OF  THE  MONEYS  IN
SUCH  FUND SHALL BE EXPENDED BY THE DEPARTMENT OF MOTOR VEHICLES FOR THE
PURPOSES OF ADMINISTERING AND IMPLEMENTING  THE  PROVISIONS  OF  ARTICLE
TWELVE-B  OF  THE  VEHICLE  AND TRAFFIC LAW; AND ALL REMAINING MONEYS IN
SUCH FUND SHALL BE TRANSFERRED TO THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND.
  S 4. This act shall take effect September 1, 2009.

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Senate Bill S5173A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2009-S5173 - Details

2009-S5173 - Summary

2009-S5173 - Sponsor Memo

2009-S5173 - Bill Text download pdf

2009-S5173A (ACTIVE) - Details

2009-S5173A (ACTIVE) - Summary

2009-S5173A (ACTIVE) - Sponsor Memo

2009-S5173A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2009-S5173 - Details

2009-S5173 - Summary

2009-S5173 - Sponsor Memo

2009-S5173 - Bill Text download pdf

2009-S5173A (ACTIVE) - Details

2009-S5173A (ACTIVE) - Summary

2009-S5173A (ACTIVE) - Sponsor Memo

2009-S5173A (ACTIVE) - Bill Text download pdf

Comments