senate Bill S382A

2013-2014 Legislative Session

Prohibits approval by the commissioner of motor vehicles of defensive driving courses or defensive driving programs conducted over the internet only

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 print number 382a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S382 - Bill Details

See Assembly Version of this Bill:
A8663
Current Committee:
Senate Transportation
Law Section:
Transportation
Laws Affected:
Amd §5, Chap 751 of 2005
Versions Introduced in Previous Legislative Sessions:
2011-2012: S290
2009-2010: S2172A

S382 - Bill Texts

view summary

Prohibits approval by the commissioner of motor vehicles of defensive driving courses or defensive driving programs conducted over the internet only.

view sponsor memo
BILL NUMBER:S382

TITLE OF BILL:
An act
to amend
chapter 751 of the laws of 2005, amending the insurance law and the
vehicle and traffic law relating to establishing the accident prevention
course internet technology pilot program, in relation to repealing such
program

PURPOSE OR GENERAL IDEA OF BILL:
This bill would prohibit the commissioner's approval of defensive
driving courses or defensive driving programs conducted over the
internet only.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. States that the Commissioner of Motor Vehicles shall not
approve any defensive driving program or defensive driving course
instructed only over the internet and shall require that a certified
instructor be physically present for the instruction of such programs.

Section 2. Repeals Article 12-C of the vehicle and traffic law.

Section 3. Provides that the commissioner of motor vehicles shall make
any rule, regulation and/or repeal necessary for the implementation
of this act prior to its effective date

Section 4. Effective date

EXISTING LAW:
Article 12-C of the Vehicle and Traffic Law establishes the Accident
Prevention Course Internet and Other Technology Pilot Program.

JUSTIFICATION:
This legislation would instruct the commissioner of motor vehicles not
to approve defensive driving programs taken over the internet. The
commissioner would only approve courses where an instructor is
physically present. This bill would guarantee the proper
identification of people signing up for such courses. The physical
presence of a certified instructor would also facilitate the.
clarification of any questions or issues rising from course content.

The State Senate provides its members and staff with the opportunity
to attend the Defensive Driving Course. Successful completion of the
course results in a reduction of the participant's insurance premiums.
Successful completion of the course requires the participants to
attend in person. It seems reasonable that if the State Senate
requires in-person attendance of its employees, then State Statute
should reflect that requirement as well.

PRIOR LEGISLATIVE HISTORY:
2012: S.290 - Referred to Transportation
2011: S.290 - Notice of Committee Consideration Requested;
Discharged from Transportation and Committed to Insurance
2009-10: S.23172A - Amended and Recommitted to
Transportation/A.324 - Enacting Clause Stricken


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall
become law.

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

                                   382

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend chapter 751 of the laws of 2005, amending the  insurance
  law and the vehicle and traffic law relating to establishing the acci-
  dent  prevention course internet technology pilot program, in relation
  to repealing such program

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

  Section  1.  The  commissioner of motor vehicles shall not approve any
defensive driving program or defensive driving  course  instructed  only
over  the  internet or other such technological means, and shall require
that a certified instructor be physically present for the instruction of
such programs. All fees received, but not yet expended, by  the  depart-
ment of motor vehicles pursuant to the provisions of article 12-C of the
vehicle  and  traffic law and all other moneys appropriated, credited or
transferred thereto from any other fund or source pursuant  to  law  for
purposes of administering or implementing the provisions of such article
12-C  shall  be  returned to the possession of the state comptroller and
the commissioner of taxation and finance within sixty days from the date
on which this act shall take effect.
  S 2. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating  to  establishing  the
accident prevention course internet technology pilot program, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed [five
years  after  the date that the accident prevention course internet, and
other technology pilot program is established  and  implemented  by  the
commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act] ON THE EFFECTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00618-01-3

S. 382                              2

DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  THIRTEEN  THAT  AMENDED
THIS  SECTION;  provided  that  any  rules  and regulations necessary to
implement the provisions of this act on its effective date  are  author-
ized  and directed to be completed on or before such date; and provided,
further, that the commissioner of motor vehicles shall notify the legis-
lative bill drafting commission of the date he or  she  establishes  and
implements  the  accident  prevention  course  internet technology pilot
program pursuant to article 12-C of the  vehicle  and  traffic  law,  as
added  by  section  three of this act, in order that such commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.
  S 3. The commissioner of motor vehicles shall  make  any  rule,  regu-
lation  and/or repeal necessary for the implementation of this act on or
before its effective date.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Co-Sponsors

S382A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8663
Current Committee:
Senate Transportation
Law Section:
Transportation
Laws Affected:
Amd §5, Chap 751 of 2005
Versions Introduced in Previous Legislative Sessions:
2011-2012: S290
2009-2010: S2172A

S382A (ACTIVE) - Bill Texts

view summary

Prohibits approval by the commissioner of motor vehicles of defensive driving courses or defensive driving programs conducted over the internet only.

view sponsor memo
BILL NUMBER:S382A

TITLE OF BILL: An act to amend chapter 751 of the laws of 2005, amend-
ing the insurance law and the vehicle and traffic law relating to estab-
lishing the accident prevention course internet technology pilot
program, in relation to repealing such program

PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the commis-
sioner's approval of defensive driving courses or defensive driving
programs conducted over the internet only.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. States that the Commissioner of Motor Vehicles shall not
approve any defensive driving program or defensive driving course
instructed only over the internet and shall require that a certified
instructor be physically present for the instruction of such programs

Section 2 Repeals Article 12-C of the vehicle and traffic law.

Section 3 Provides that the commissioner of motor vehicles shall make
any rule, regulation and/or repeal necessary for the implementation of
this act prior to its effective date

Section 4. Effective date

EXISTING LAW: Article 12 C of the Vehicle and Traffic Law establishes
the Accident Prevention Course Internet and Other Technology Pilot
Program.

JUSTIFICATION: This legislation would instruct the commissioner of
motor vehicles not to approve defensive driving programs taken over the
internet. The commissioner would only approve courses where an instruc-
tor is physically present. This bill would guarantee the proper iden-
tification of people signing up for such courses. The physical presence
of a certified instructor would also facilitate the clarification of any
questions or issues rising from course content.

The State Senate provides its members and staff with the opportunity to
attend the Defensive Driving Course. Successful completion of the course
results in a reduction of the participant's insurance premiums. Success-
ful completion of the course requires the participants to attend in
person. It seems reasonable that if the State Senate requires in-person
attendance of its employees, then State Statute should reflect that
requirement as well.

PRIOR LEGISLATIVE HISTORY: 2013: S.382 - Referred to Transportation
2012: S.290 - Referred to Transportation 2011: S.290 - Notice of Commit-
tee Consideration Requested; Discharged from Transportation and Commit-
ted to Insurance 2009-10: S.23172A - Amended and Recommitted to
Transportation/A.324 - Enacting Clause Stricken

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it
shall become law

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

                                 382--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. DIAZ, SAMPSON -- read twice and ordered printed, and
  when  printed  to  be  committed to the Committee on Transportation --
  recommitted to the Committee  on  Transportation  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend chapter 751 of the laws of 2005, amending the  insurance
  law and the vehicle and traffic law relating to establishing the acci-
  dent  prevention course internet technology pilot program, in relation
  to repealing such program

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

  Section  1.  The  commissioner of motor vehicles shall not approve any
defensive driving program or defensive driving  course  instructed  only
over  the  internet or other such technological means, and shall require
that a certified instructor be physically present for the instruction of
such programs. All fees received, but not yet expended, by  the  depart-
ment of motor vehicles pursuant to the provisions of article 12-C of the
vehicle  and  traffic law and all other moneys appropriated, credited or
transferred thereto from any other fund or source pursuant  to  law  for
purposes of administering or implementing the provisions of such article
12-C  shall  be  returned to the possession of the state comptroller and
the commissioner of taxation and finance within sixty days from the date
on which this act shall take effect.
  S 2. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating  to  establishing  the
accident prevention course internet technology pilot program, is amended
to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed [five
years  after  the date that the accident prevention course internet, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00618-02-4

S. 382--A                           2

other technology pilot program is established  and  implemented  by  the
commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act] ON THE EFFECTIVE
DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED
THIS SECTION; provided that  any  rules  and  regulations  necessary  to
implement  the  provisions of this act on its effective date are author-
ized and directed to be completed on or before such date; and  provided,
further, that the commissioner of motor vehicles shall notify the legis-
lative  bill  drafting  commission of the date he or she establishes and
implements the accident  prevention  course  internet  technology  pilot
program  pursuant  to  article  12-C  of the vehicle and traffic law, as
added by section three of this act, in order that  such  commission  may
maintain an accurate and timely effective data base of the official text
of  the  laws  of  the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.
  S  3.  The  commissioner  of motor vehicles shall make any rule, regu-
lation and/or repeal necessary for the implementation of this act on  or
before its effective date.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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