senate Bill S4740C

2011-2012 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2012 referred to transportation
delivered to assembly
passed senate
Apr 30, 2012 advanced to third reading
Apr 26, 2012 2nd report cal.
Apr 25, 2012 1st report cal.583
Feb 29, 2012 reported and committed to finance
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 14, 2011 referred to transportation
delivered to assembly
passed senate
Jun 01, 2011 amended on third reading 4740c
May 23, 2011 amended on third reading (t) 4740b
May 16, 2011 advanced to third reading
May 11, 2011 2nd report cal.
amended (t) 4740a
May 10, 2011 1st report cal.606
Apr 18, 2011 referred to transportation

Votes

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Apr 25, 2012 - Finance committee Vote

S4740C
32
1
committee
32
Aye
1
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Feb 29, 2012 - Transportation committee Vote

S4740C
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Feb 29, 2012

aye wr (1)
excused (1)

May 10, 2011 - Transportation committee Vote

S4740
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S4740 - Bill Details

See Assembly Version of this Bill:
A7220C
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1199 & 503, V & T L; amd §2336, Ins L

S4740 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4740

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the added
requirement of a motor vehicle accident prevention course for section
1192 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, 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. Nothing in this law, however, shall prevent a
person from participating in the course on a separate occasion for
the point and 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4740

                       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

AN ACT to amend the vehicle and traffic law, in relation  to  the  added
  requirement  of a motor vehicle accident prevention course for section
  1192 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  ENROLLMENT  AND
COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE PROVIDED HOWEV-
ER 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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10096-01-1

S. 4740                             2

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, and that failure to make payment 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  TO  ENROLL,  COMPLETE  AND  PAY  A MOTOR VEHICLE ACCIDENT PREVENTION
COURSE FEE 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 AND MOTOR VEHICLE  ACCIDENT  PREVENTION  FEES
have been paid in full.
  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  MOTOR  VEHICLE  ACCIDENT
PREVENTION 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, and that failure to make payment shall  result
in the suspension of his or her driver's license or privilege of obtain-
ing a driver's license.
  (d) If a person shall fail to pay any driver responsibility assessment
OR  MOTOR  VEHICLE  ACCIDENT  PREVENTION  COURSE FEE 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.
  (e)  Any  completion  of  a  motor  vehicle accident prevention course
approved pursuant to article twelve-B of this chapter shall not serve to
reduce the calculation of points OR THE REDUCTION OF AN INSURANCE PREMI-
UM 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,

S. 4740                             3

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. This act shall take effect immediately.

S4740A - Bill Details

See Assembly Version of this Bill:
A7220C
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1199 & 503, V & T L; amd §2336, Ins L

S4740A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4740A

TITLE OF BILL:
An act
to amend the vehicle and traffic 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. Nothing in this law, however, shall
prevent a person from participating in the course on a separate
occasion for the point and 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 immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4740--A
    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

AN ACT to amend the vehicle and traffic 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  ENROLLMENT  AND
COMPLETION  OF  A  MOTOR  VEHICLE  ACCIDENT PREVENTION COURSE WITHIN SIX
MONTHS OF NOTICE BY THE COMMISSIONER OF THE OBLIGATION TO COMPLETE  SUCH
COURSE; PROVIDED HOWEVER THAT COMPLETION OF SUCH COURSE PURSUANT TO THIS
SECTION SHALL NOT ENTITLE SUCH INDIVIDUAL TO A POINT REDUCTION OR INSUR-
ANCE  PREMIUM REDUCTION PURSUANT TO SECTION TWENTY-THREE HUNDRED THIRTY-
SIX OF THE INSURANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10096-02-1

S. 4740--A                          2

  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, and that failure to make payment 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 TO ENROLL, COMPLETE AND  PAY  A  MOTOR  VEHICLE  ACCIDENT  PREVENTION
COURSE  FEE  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  AND  MOTOR VEHICLE ACCIDENT PREVENTION FEES
have been paid in full.
  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 ENROLLMENT AND COMPLETION
OF A MOTOR VEHICLE ACCIDENT  PREVENTION  COURSE  WITHIN  SIX  MONTHS  OF
NOTICE  BY THE COMMISSIONER 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, and that failure to make payment shall result
in the suspension of his or her driver's license or privilege of obtain-
ing a driver's license.
  (d) If a person shall fail to pay any driver responsibility assessment
OR MOTOR VEHICLE ACCIDENT PREVENTION COURSE  FEE  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. 4740--A                          3

remain  in  effect  until  any and all outstanding driver responsibility
assessments have been paid in full.
  (e)  Any  completion  of  a  motor  vehicle accident prevention course
approved pursuant to article twelve-B of this chapter shall not serve to
reduce the calculation of points OR THE REDUCTION OF AN INSURANCE PREMI-
UM 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. This act shall take effect immediately.

S4740B - Bill Details

See Assembly Version of this Bill:
A7220C
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1199 & 503, V & T L; amd §2336, Ins L

S4740B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4740B

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 point and
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4740--B
    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

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 OF THIS CHAPTER WITHIN SIX MONTHS OF NOTICE BY THE COMMISSIONER
OF  THE  OBLIGATION  TO  COMPLETE  SUCH  COURSE; PROVIDED, HOWEVER, THAT
COMPLETION OF SUCH COURSE PURSUANT TO THIS  SECTION  SHALL  NOT  ENTITLE
SUCH  INDIVIDUAL  TO  A  POINT  REDUCTION OR INSURANCE PREMIUM REDUCTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10096-04-1

S. 4740--B                          2

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
OF  THIS  CHAPTER WITHIN SIX MONTHS OF NOTICE BY THE COMMISSIONER 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.

S. 4740--B                          3

  (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 of this chapter shall not serve to
reduce the calculation of points OR THE REDUCTION OF AN INSURANCE PREMI-
UM  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
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

S. 4740--B                          4

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.

S4740C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7220C
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1199 & 503, V & T L; amd §2336, Ins L

S4740C (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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