S T A T E O F N E W Y O R K
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8151
2015-2016 Regular Sessions
I N A S S E M B L Y
June 10, 2015
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Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
the safe not suspended driver retraining pilot program; to amend the
state finance law, in relation to establishing the safe not suspended
driver retraining pilot program fund; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
article 12-D to read as follows:
ARTICLE 12-D
SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM
SECTION 399-P. SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM.
399-Q. DEFINITIONS.
399-R. PILOT PROGRAM SCOPE AND DURATION.
399-S. REGULATIONS.
399-T. REPORT.
S 399-P. SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM. THE
COMMISSIONER SHALL ESTABLISH AND IMPLEMENT A COMPREHENSIVE PILOT PROGRAM
TO REQUIRE DRIVERS THAT ARE AT RISK OF DRIVER'S LICENSE SUSPENSION OR
DRIVERS WHO ARE SEEKING REINSTATEMENT FOLLOWING A SUSPENSION COMPLETE A
CLASSROOM BASED ADVANCED BEHAVIORAL BASED DRIVER RETRAINING PROGRAM,
TITLED THE "SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM".
S 399-Q. DEFINITIONS. AS USED IN THIS ARTICLE:
1. THE TERM "AT RISK OF DRIVER'S LICENSE SUSPENSION" MEANS A DRIVER
WHO HAS ACCUMULATED SEVEN OR MORE POINTS WITHIN AN EIGHTEEN MONTH PERI-
OD.
2. THE TERM "SEEKING DRIVER'S LICENSE REINSTATEMENT" MEANS A DRIVER
WHO HAS HAD HIS OR HER DRIVER'S LICENSE SUSPENDED, HAS PAID THE REQUIRED
FINE, AND SEEKS TO REINSTATE HIS OR HER DRIVER'S LICENSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11532-02-5
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3. THE TERM "DRIVER RETRAINING PILOT PROGRAM" MEANS A COURSE ADMINIS-
TERED BY THE VENDOR THAT IS CLASSROOM BASED, ADVANCED BEHAVIORAL BASED,
AND PURSUANT TO REGULATIONS PROMULGATED BY THE DEPARTMENT AS A MEANS TO
AVOID SUSPENSION OR A MEANINGFUL ALTERNATIVE TO SUSPENSION, TITLED THE
"SAFE NOT SUSPENDED DRIVER RETRAINING PROGRAM".
4. THE TERM "VENDOR" MEANS THE ORGANIZATION THAT WILL ADMINISTER THE
DRIVER RETRAINING PROGRAM AS DETERMINED BY PROCUREMENT AND APPROVED BY
THE DEPARTMENT.
S 399-R. PILOT PROGRAM SCOPE AND DURATION. THE COMMISSIONER SHALL
CONDUCT A DRIVER RETRAINING PILOT PROGRAM FOR A PERIOD OF FIVE YEARS TO
REQUIRE DRIVERS THAT ARE AT RISK OF DRIVER'S LICENSE SUSPENSION OR DRIV-
ERS WHO ARE SEEKING DRIVER'S LICENSE REINSTATEMENT TO COMPLETE THE DRIV-
ER RETRAINING PILOT PROGRAM. THE DEPARTMENT SHALL SELECT A VENDOR TO
ADMINISTER THE PROGRAM BY PROCUREMENT. DRIVERS CONVICTED OF AN ALCOHOL
OR DRUGGED DRIVING-RELATED TRAFFIC OFFENSE WHILE DRIVING A MOTOR VEHICLE
ARE NOT ELIGIBLE FOR THE DRIVER RETRAINING PILOT PROGRAM.
S 399-S. REGULATIONS. 1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS ARTICLE.
2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE FOR PARTICIPATION IN
THE DRIVER RETRAINING PILOT PROGRAM NOT TO EXCEED ONE HUNDRED FIFTY
DOLLARS. THE VENDOR OF THE DRIVER RETRAINING PILOT PROGRAM IS ENTITLED
TO A FEE OF THREE-FIFTHS OF THE FEE IMPOSED FOR PARTICIPATION IN THE
DRIVER RETRAINING PILOT PROGRAM.
3. THE COMMISSIONER IS AUTHORIZED TO GRANT POINT AND INSURANCE PREMIUM
REDUCTION BENEFITS AS WELL AS EXEMPTION FROM THE DRIVER RESPONSIBILITY
ASSESSMENT, THE SUSPENSION TERMINATION FEE, AND THE IMMEDIATE TERMI-
NATION OF THE SUSPENSION OF A DRIVER'S LICENSE UPON COMPLETION OF THE
DRIVER RETRAINING PILOT PROGRAM.
4. IN ADDITION TO ANY REQUIREMENTS EXPRESSLY AUTHORIZED BY THIS ARTI-
CLE, SUCH REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS
AND STANDARDS WITH RESPECT TO: DELIVERY AGENCIES AND INSTRUCTORS; CLASS-
ROOM FACILITIES; SUSPENSION OR REVOCATION OF APPROVAL; APPEAL OF SUSPEN-
SION OR REVOCATION; COURSE ADMINISTRATION AND ADVERTISING; AND MONITOR-
ING OF COURSES AND INSTRUCTORS.
S 399-T. REPORT. WITHIN FIVE YEARS OF THE ESTABLISHMENT AND IMPLEMEN-
TATION OF THIS ARTICLE, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
THE DRIVER RETRAINING PILOT PROGRAM AND ITS RESULTS. SUCH REPORT SHALL
INCLUDE RECOMMENDATIONS AS TO THE FUTURE OF THE PILOT PROGRAM.
S 2. The state finance law is amended by adding a new section 99-x to
read as follows:
S 99-X. SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM
FUND".
2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE DEPARTMENT OF
MOTOR VEHICLES PURSUANT TO THE PROVISIONS OF ARTICLE TWELVE-D 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 SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
ADMINISTERING AND IMPLEMENTING THE PROVISIONS OF ARTICLE TWELVE-D OF THE
VEHICLE AND TRAFFIC LAW BY THE DEPARTMENT OF MOTOR VEHICLES.
S 3. 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
A. 8151 3
years after the date that the driver retraining pilot program is estab-
lished and implemented by the commissioner of motor vehicles pursuant to
article 12-D of the vehicle and traffic law, as added by section one of
this act; provided that any rules and regulations necessary to implement
the provisions of this act on its effective date are authorized and
directed to be completed on or before such date; and provided, further
that the commissioner of motor vehicles shall notify the legislative
bill drafting commission of the date he or she establishes and imple-
ments the driver retraining program pursuant to section one of this act,
in order that such commission may maintain an accurate and timely effec-
tive database of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.