senate Bill S7063

2011-2012 Legislative Session

Transfers the operation of the alcohol and drug rehabilitation program from the department of motor vehicles to the office of alcoholism and substance abuse services; repealer

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 reported and committed to finance
Apr 26, 2012 referred to alcoholism and drug abuse

Votes

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May 21, 2012 - Alcoholism and Drug Abuse committee Vote

S7063
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Alcoholism and Drug Abuse Committee Vote: May 21, 2012

excused (1)

S7063 - Bill Details

See Assembly Version of this Bill:
A10078
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Add §19.26, Ment Hyg L; rpld §1196, V & T L

S7063 - Bill Texts

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Transfers the operation of the alcohol and drug rehabilitation program from the department of motor vehicles to the office of alcoholism and substance abuse services.

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BILL NUMBER:S7063

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to reestablishing
the alcohol
and drug rehabilitation program within
the office of alcoholism and substance abuse services; and to repeal
section 1196 of the vehicle and traffic law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
This bill shifts the alcohol and drug rehabilitation program to the
Office of Alcoholism and Substance Abuse Services (OASAS) from the
Department of Motor Vehicles. OASAS is already dedicated to treatment
of victims of addiction and thus is in the ideal position to
administer this program. The transfer will ensure the best possible
treatment for suffers of alcohol and drug abuse and revitalize
communication between these two departments for combating the
continuing problems of drunk and drugged driving.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds new section 19.26 to the Mental Hygiene Law. This
establishes the Alcohol and Rehabilitation Program which exists in
identical language in the vehicle and traffic law section 1196.

Section 2 repeals section 1196 of the Vehicle and Traffic Law.

Section 3 authorizes the transfer of the program from the Department
of Motor Vehicles to OASAS and vests in OASAS oversight and
responsibility for the program in consultation with the Commissioner
of Motor Vehicles.

Section 4 applies the rules and regulations promulgated by the
Commissioner of Motor Vehicles to Section 19.26 of the mental hygiene
law.

JUSTIFICATION:
The Office of Alcoholism and Substance Abuse Services is uniquely
situated to administer the alcohol and drug abuse rehabilitation
program currently in the Department of Motor Vehicles. A transfer
from DMV to OASAS, while retaining DMV Commissioner input on the
program's administration, will ensure the best communication possible
to combat the continuing program of drunk and drugged driving in New
York State.

Many of the court-ordered participants in the alcohol and drug abuse
rehabilitation program are victims of addiction and require further
services and care to help them with their problem. OASAS is designed
to do exactly this and can identify persons who take the program
multiple times and design tactics to help these people find the help

they need. This helps rehabilitate these sufferers into responsible
citizens while avoiding tragedy on our streets, roads, and highways.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately and the provisions of this act
are presumed to operate prospectively.

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

                                  7063

                            I N  S E N A T E

                             April 26, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

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:
S 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-
MINES  THAT  THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL OR DRUG-RELATED
TRAFFIC OFFENSES IN A  COUNTY  TO  MANDATE  THE  ESTABLISHMENT  OF  SAID

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15457-02-2

S. 7063                             2

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 PARTIC-
IPATED 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 COMMIT-
TED PRIOR TO NOVEMBER FIRST, NINETEEN HUNDRED  EIGHTY-EIGHT,  FOR  WHICH
SUCH  PERSON  DID  NOT  PARTICIPATE  IN SUCH PROGRAM. IN THE EXERCISE OF
DISCRETION, THE COMMISSIONER SHALL HAVE THE RIGHT TO EXPEL  ANY  PARTIC-
IPANT FROM THE PROGRAM WHO FAILS TO SATISFY THE REQUIREMENTS FOR PARTIC-
IPATION 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  TERMI-
NATION  OF  ANY  SENTENCE  OF IMPRISONMENT 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
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

S. 7063                             3

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.
  (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

S. 7063                             4

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.
  (8)  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.
  (9) 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.
  S 2. Section 1196 of the vehicle and traffic law is REPEALED.
  S  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.
  S 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.
  S  5.  This act shall take effect immediately; provided, however, that
absent explicit language expressly and unequivocally stating a  legisla-
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

S. 7063                             5

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.

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