S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2614
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  a  driver
   safety course; to amend the state finance law, in relation to a driver
   safety  course fund; to amend the insurance law, the military law, the
   executive law, the vehicle and traffic law, the  economic  development
   law  and the penal law, in relation to making technical changes there-
   to; and to repeal certain provisions of the vehicle  and  traffic  law
   and the state finance law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Articles 12-B and 12-C of the vehicle and traffic  law  are
 REPEALED and a new article 12-B is added to read as follows:
                               ARTICLE 12-B
                           DRIVER SAFETY COURSE
 SECTION 399-A. STATEMENT OF PURPOSE.
         399-B. ESTABLISHMENT AND IMPLEMENTATION OF DRIVER SAFETY COURSE.
         399-C. COURSE CONTENT.
         399-D. FEES.
         399-E. ADVERTISING.
         399-F. REPORT BY COMMISSIONER.
         399-G. REGULATIONS.
   §  399-A.  STATEMENT  OF  PURPOSE.  THE  PURPOSE OF THIS ARTICLE IS TO
 FOSTER AND MAINTAIN DRIVER COMPETENCY THROUGH THE CREATION OF  A  DRIVER
 SAFETY COURSE.
   § 399-B. ESTABLISHMENT AND IMPLEMENTATION OF DRIVER SAFETY COURSE. THE
 COMMISSIONER  SHALL  ESTABLISH  AND  IMPLEMENT  AN INTERNET BASED DRIVER
 SAFETY COURSE FOR THE PURPOSES OF TRAINING  NEW  DRIVERS,  AND  GRANTING
 POINT  AND  INSURANCE  REDUCTION  BENEFITS.  THE  COMMISSIONER SHALL NOT
 CONTRACT WITH OR OTHERWISE UTILIZE ANY NON-GOVERNMENTAL ENTITIES IN  THE
 ESTABLISHMENT  OR IMPLEMENTATION OF THIS COURSE, EXCEPT THAT THE COMMIS-

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

                                                            LBD00239-01-9

 A. 2614                             2
 
 SIONER SHALL CONTRACT WITH A SOFTWARE SOLUTION AND  NETWORK  INFRASTRUC-
 TURE PROVIDER. SUCH SOFTWARE SOLUTION AND NETWORK INFRASTRUCTURE PROVID-
 ER  SHALL  BE  INCORPORATED AND LOCATED WITHIN THE STATE, HAVE CONDUCTED
 BUSINESS  WITH  THE STATE FOR A PERIOD OF NOT LESS THAN TEN YEARS, OFFER
 COURSE CONTENT AS PART OF THEIR SERVICES, AND USE BIOMETRIC TECHNOLOGIES
 TO GUARANTEE SECURITY.  THE COMMISSIONER SHALL IMPLEMENT A  SYSTEM  THAT
 ALLOWS  AN ON-LINE PARTICIPANT TO VERIFY HIS OR HER IDENTITY AND ENSURES
 THAT SUCH STUDENT'S IDENTITY AND ON-LINE TRANSACTION  IS  SECURE.    THE
 COMMISSIONER  SHALL  ENDEAVOR  TO CONTRACT SOFTWARE SOLUTION AND NETWORK
 INFRASTRUCTURE PROVIDERS CERTIFIED UNDER ARTICLE FIFTEEN-A OF THE EXECU-
 TIVE LAW.
   § 399-C. COURSE CONTENT. THE COMMISSIONER SHALL CONTRACT WITH A  TECH-
 NOLOGY  CONTRACTOR WHO IS WELL-KNOWN IN THE COMMUNITY AND SPECIALIZES IN
 TRAFFIC SAFETY CURRICULUM DEVELOPMENT TO DEVELOP A  CURRICULUM  FOR  THE
 DRIVER  SAFETY  COURSE IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE. THIS CURRICULUM SHALL CONTAIN INSTRUCTION ON DRIVER ATTITUDE,
 COLLISION AWARENESS, THE PROPER USE OF AUTOMOBILE SAFETY DEVICES, DEFEN-
 SIVE DRIVING, DRUG AND ALCOHOL IMPAIRMENT, SAFE USE OF AUTOMOBILE  TECH-
 NOLOGY,  SCHOOL  AND  WORK ZONE SAFETY, TOLL PLAZA SAFETY, DRIVING WHILE
 DROWSY, DRIVER DISTRACTIONS, ROAD RAGE,  SCHOOL  BUS  SAFETY,  AND  SUCH
 OTHER  SUBJECTS AS THE COMMISSIONER MAY PRESCRIBE. THIS CURRICULUM SHALL
 BE REVIEWED AND UPDATED ANNUALLY.
   § 399-D. FEES. THE COMMISSIONER IS AUTHORIZED TO  IMPOSE  A  FEE  UPON
 EACH  STUDENT  WHO  ENROLLS  IN THE DRIVER SAFETY COURSE WHICH SHALL NOT
 EXCEED ONE HUNDRED DOLLARS. THE PROCEEDS FROM SUCH FEE SHALL BE DEPOSIT-
 ED IN THE DRIVER SAFETY COURSE FUND AS ESTABLISHED  BY  SECTION  EIGHTY-
 NINE-G OF THE STATE FINANCE LAW.
   §  399-E.  ADVERTISING.  THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE SHALL
 DEVELOP AND IMPLEMENT A PROGRAM TO ACTIVELY MARKET AND PROMOTE THE DRIV-
 ER SAFETY COURSE TO THE GENERAL PUBLIC.
   § 399-F. REPORT BY COMMISSIONER. THE COMMISSIONER SHALL REPORT ANNUAL-
 LY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
 ER OF THE ASSEMBLY THE NUMBER OF STUDENTS TAKING THE COURSE,  AMOUNT  OF
 REVENUE  RECEIVED,  THE  LOCATION OF STUDENTS BY COUNTY, AND WHETHER THE
 COURSE  IS  TAKEN  FOR  PRE-LICENSING,  INSURANCE,  OR  POINT  REDUCTION
 PURPOSES.
   § 399-G. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND
 REGULATIONS  AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
 CLE.
   § 2. Subdivision 4 of section 502 of the vehicle and  traffic  law  is
 REPEALED and a new subdivision 4 is added to read as follows:
   4.  EXAMINATIONS. (A) UPON SUBMISSION OF AN APPLICATION FOR A DRIVER'S
 LICENSE, THE APPLICANT SHALL BE REQUIRED (I) TO TAKE  AND  PASS  A  TEST
 RELATING  TO  TRAFFIC  LAWS, AND SUCH OTHER TRAFFIC RELATED MATTERS THAT
 THE COMMISSIONER MAY PRESCRIBE, (II) TO TAKE AND PASS A BEHIND THE WHEEL
 EXAMINATION, AND (III) TO  SATISFACTORILY  COMPLETE  THE  DRIVER  SAFETY
 COURSE UNDER ARTICLE TWELVE-B OF THIS CHAPTER.
   (B)  THE  COMMISSIONER SHALL CAUSE THE APPLICANT TO TAKE A VISION TEST
 AND A TEST FOR COLOR BLINDNESS. UPON PASSAGE OF  THE  VISION  TEST,  THE
 APPLICATION MAY BE ACCEPTED AND THE APPLICATION FEE SHALL BE PAYABLE.
   (C)  THE  COMMISSIONER  SHALL  MAKE  AVAILABLE TO EACH APPLICANT FOR A
 COMMERCIAL  DRIVER'S  LICENSE  INSTRUCTIONAL  HANDBOOKS  OUTLINING   THE
 REQUIREMENTS  NECESSARY  TO QUALIFY FOR SUCH A LICENSE, AND CONTAINING A
 DISCUSSION OF THE OFFENSES WHICH WILL RESULT  IN  DISQUALIFICATION  FROM
 OPERATING  A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION FIVE HUNDRED

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 ONE-A OF THIS ARTICLE. SUCH HANDBOOKS SHALL BE AVAILABLE IN LANGUAGES AS
 THE COMMISSIONER MAY PRESCRIBE.
   (D)  THE  COMMISSIONER MAY WAIVE THE REQUIREMENT FOR PASSAGE OF A TEST
 UNDER SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,  FOR  THOSE
 APPLICANTS  WHO  HOLD  A  VALID  OR RENEWABLE DRIVER'S LICENSE ISSUED BY
 ANOTHER JURISDICTION OR THE UNITED STATES GOVERNMENT.
   (E) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ESTABLISH-
 ING ELIGIBILITY STANDARDS FOR THE TAKING AND PASSING OF KNOWLEDGE  TESTS
 IN OTHER THAN WRITTEN FORM.
   §  3.  Section  89-g  of  the  state finance law is REPEALED and a new
 section 89-g is added to read as follows:
   § 89-G. DRIVER SAFETY COURSE FUND. 1. THERE IS HEREBY  ESTABLISHED  IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
 TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DRIVER SAFETY COURSE
 FUND".
   2.  SUCH  FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE DEPARTMENT OF
 MOTOR VEHICLES PURSUANT TO THE PROVISIONS OF  ARTICLE  TWELVE-B  OF  THE
 VEHICLE  AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. THE MONEYS IN THE DRIVER SAFETY COURSE FUND SHALL BE KEPT  SEPARATE
 AND  SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
 COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
   4. THE MONEYS IN THE DRIVER  SAFETY  COURSE  FUND  SHALL  BE  ANNUALLY
 DISTRIBUTED  AS  FOLLOWS:  NOT MORE THAN THIRTY PERCENT OF THE MONEYS IN
 SUCH FUND SHALL BE EXPENDED BY THE DEPARTMENT OF MOTOR VEHICLES FOR  THE
 PURPOSES  OF  ADMINISTERING  AND  IMPLEMENTING THE PROVISIONS OF ARTICLE
 TWELVE-B OF THE VEHICLE AND TRAFFIC LAW; NOT MORE THAN THIRTY PERCENT OF
 THE MONEYS IN SUCH FUND SHALL BE TRANSFERRED TO  THE  DEDICATED  HIGHWAY
 AND  BRIDGE  TRUST  FUND; NOT MORE THAN FIFTEEN PERCENT OF THE MONEYS IN
 SUCH FUND SHALL BE EXPENDED FOR  THE  ADMINISTRATION  OF  DEPARTMENT  OF
 MOTOR  VEHICLE  REGIONAL  OFFICES LOCATED IN THE CITY OF ALBANY, CITY OF
 ROCHESTER, TOWN OF OYSTER BAY,  TOWN  OF  BETHPAGE,  CITY  OF  SYRACUSE,
 VILLAGE OF NORTH SYRACUSE, VILLAGE OF WEST HAVERSTRAW, VILLAGE OF AMITY-
 VILLE,  TOWN  OF  ISLIP, TOWN OF HUNTINGTON, TOWN OF BROOKHAVEN, TOWN OF
 RIVERHEAD, CITY OF PEEKSKILL, CITY OF WHITE PLAINS, AND CITY OF YONKERS,
 PROVIDED HOWEVER, IN THE EVENT THAT ANY OF  THE  AFOREMENTIONED  OFFICES
 HAS  CLOSED, RELOCATED, OR EXPERIENCED A SIGNIFICANT REDUCTION OF ACTIV-
 ITIES, NO MONEYS SHALL BE EXPENDED FOR THE PURPOSE OF ADMINISTRATION  OF
 ANY  REGIONAL  OFFICE  UNDER THIS SECTION; NOT MORE THAN FIVE PERCENT OR
 FIVE MILLION DOLLARS, WHICHEVER IS LESS, OF  THE  MONEYS  IN  SUCH  FUND
 SHALL  BE EXPENDED BY THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE FOR ADVER-
 TISING AND CURRICULUM DEVELOPMENT OF THE DRIVER SAFETY PROGRAM; NOT MORE
 THAN FIVE PERCENT OR FIVE MILLION DOLLARS, WHICHEVER  IS  LESS,  OF  THE
 MONEYS  IN  SUCH FUND SHALL BE EXPENDED BY THE DEPARTMENT OF TRANSPORTA-
 TION FOR CULVERT MAINTENANCE; NOT MORE THAN FIVE PERCENT OR FIVE MILLION
 DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND SHALL BE EXPENDED
 BY THE DEPARTMENT OF TRANSPORTATION AND THE DIVISION OF STATE POLICE FOR
 WORK AND SCHOOL ZONE SAFETY PROGRAMS; NOT MORE THAN FIVE PERCENT OR FIVE
 MILLION DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND SHALL  BE
 EXPENDED BY NON METROPOLITAN TRANSPORTATION AUTHORITY PUBLIC TRANSPORTA-
 TION AUTHORITIES FOR THE PARA TRANSIT OPERATIONS; AND NOT MORE THAN FIVE
 PERCENT  OR  FIVE  MILLION  DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN
 SUCH FUND SHALL BE EXPENDED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
 FOR HANDICAPPED ACCESSIBLE EQUIPMENT.
   § 4.  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. 2614                             4
 
   (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  [acci-
 dent  prevention]  DRIVER  SAFETY  course,  known as the national safety
 council's defensive driving course, or  any  driver  improvement  course
 approved  by the department of motor vehicles as being equivalent to the
 national safety council'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 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
 attendance at a program pursuant to article twenty-one  of  the  vehicle
 and traffic law as a result of any traffic infraction.
   § 4-a. 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  [acci-
 dent  prevention]  DRIVER  SAFETY  course,  known as the national safety
 council's defensive driving course, or  any  driver  improvement  course
 approved  by the department of motor vehicles as being equivalent to the
 national safety council's defensive driving  course,  provided  that  in
 either event there shall be no reduction in premiums for a self instruc-
 tion  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 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  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  attendance at a program pursuant to article twenty-one of the
 vehicle and traffic law as a result of any traffic infraction.
   § 5.  Section 301-c of the military law, as added by  chapter  489  of
 the laws of 2011, is amended to read as follows:
   §  301-c.  [Accident prevention] DRIVER SAFETY course information. The
 division of military and naval affairs shall provide returning  service-
 men  and women who have returned from a combat theater or combat zone of
 operations with information about [accident  prevention]  DRIVER  SAFETY
 courses approved by the commissioner of motor vehicles pursuant to arti-
 cle  twelve-B  of  the  vehicle and traffic law. This information may be
 provided in written form to be available at Yellow Ribbon  Reintegration
 programs  or any other reintegration programs offered by the division or
 may be made available online on the  division's  website.  The  division
 shall  also  provide  a link to the department of motor vehicles website

 A. 2614                             5
 
 pages containing information  about  the  [accident  prevention]  DRIVER
 SAFETY courses.
   §  6.  Subdivision 20 of section 353 of the executive law, as added by
 chapter 489 of the laws of 2011, is amended to read as follows:
   20. To make available  information  on  [accident  prevention]  DRIVER
 SAFETY  courses approved by the commissioner of motor vehicles online on
 the division's website. The division shall provide a link to the depart-
 ment of motor vehicles  website  pages  containing  information  on  the
 [accident prevention] DRIVER SAFETY courses.
   § 7.  Paragraph (e) of 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, is amended to read as follows:
   (e) Any completion of a motor  vehicle  [accident  prevention]  DRIVER
 SAFETY  course  approved  pursuant  to  article twelve-B of this chapter
 shall not serve to reduce the calculation of points on a person's  driv-
 ing record for the purposes of this section.
   §  8.  Subdivision 3 of section 509-bb of the vehicle and traffic law,
 as added by chapter 599 of the laws of  1993,  is  amended  to  read  as
 follows:
   (3)  For  purposes  of  this  section,  one such accident shall not be
 counted if the person successfully completes a motor  vehicle  [accident
 prevention] DRIVER SAFETY course approved by the commissioner.
   §  9.  Paragraphs (d) and (f) of subdivision 1 of section 509-c of the
 vehicle and traffic law, paragraph (d) as amended and paragraph  (f)  as
 added  by  chapter  599  of  the  laws  of  1993, are amended to read as
 follows:
   (d) for a period of one year, if that person has accumulated  nine  or
 more  points  on his or her driving record for acts that occurred during
 an eighteen month period  on  or  after  September  fifteenth,  nineteen
 hundred  eighty-five, provided, however, that the disqualification shall
 terminate if the person has reduced the points to less than nine through
 the successful completion of a motor vehicle [accident prevention] DRIV-
 ER SAFETY course.
   (f) for a period of one year, if that person fails to pass a road test
 administered pursuant to section five hundred nine-bb of  this  article;
 provided,  however,  that  such person shall be given the opportunity to
 complete a motor vehicle  [accident  prevention]  DRIVER  SAFETY  course
 approved  by  the  commissioner  and  to then undergo a second road test
 administered pursuant to section five hundred nine-bb of  this  article,
 and  such disqualification shall cease if such person passes such second
 road test.
   § 10. Paragraphs (d) and (f) of subdivision 2 of section 509-c of  the
 vehicle  and  traffic law, paragraph (d) as amended and paragraph (f) as
 added by chapter 599 of the  laws  of  1993,  are  amended  to  read  as
 follows:
   (d)  for a period of one year, if that person accumulates nine or more
 points on his or her driving record for acts occurring during  an  eigh-
 teen  month  period,  provided, however, that the disqualification shall
 terminate if the person has reduced the points to less than nine through
 the successful completion of a motor vehicle [accident prevention] DRIV-
 ER SAFETY course.
   (f) for a period of one year, if that person fails to pass a road test
 administered pursuant to section five hundred nine-bb of  this  article;
 provided,  however,  that  such person shall be given the opportunity to
 complete a motor vehicle  [accident  prevention]  DRIVER  SAFETY  course
 approved  by  the  commissioner  and  to then undergo a second road test

 A. 2614                             6
 
 administered pursuant to section five hundred nine-bb of  this  article,
 and  such disqualification shall cease if such person passes such second
 road test.
   § 11. Paragraphs (d) and (f) of subdivision 1 of section 509-cc of the
 vehicle  and  traffic law, paragraph (d) as amended and paragraph (f) as
 added by chapter 599 of the  laws  of  1993,  are  amended  to  read  as
 follows:
   (d)  for  a period of one year, if that person has accumulated nine or
 more points on his or her driving record for acts that  occurred  during
 an  eighteen  month  period  on  or  after September fifteenth, nineteen
 hundred eighty-five, provided, however, that the disqualification  shall
 terminate if the person has reduced the points to less than nine through
 the successful completion of a motor vehicle [accident prevention] DRIV-
 ER SAFETY course.
   (f) for a period of one year, if that person fails to pass a road test
 administered  pursuant  to section five hundred nine-bb of this article;
 provided, however, that such person shall be given  the  opportunity  to
 complete  a  motor  vehicle  [accident  prevention] DRIVER SAFETY course
 approved by the commissioner and to then  undergo  a  second  road  test
 administered  pursuant  to section five hundred nine-bb of this article,
 and such disqualification shall cease if such person passes such  second
 road test.
   § 12. Paragraphs (e) and (g) of subdivision 2 of section 509-cc of the
 vehicle  and  traffic law, paragraph (e) as amended and paragraph (g) as
 added by chapter 599 of the  laws  of  1993,  are  amended  to  read  as
 follows:
   (e)  for a period of one year, if that person accumulates nine or more
 points on his or her driving record for acts occurring during  an  eigh-
 teen  month  period,  provided, however, that the disqualification shall
 terminate if the person has reduced the points to less than nine through
 the successful completion of a motor vehicle [accident prevention] DRIV-
 ER SAFETY course.
   (g) for a period of one year, if that person fails to pass a road test
 administered pursuant to section five hundred nine-bb of  this  article;
 provided,  however,  that  such person shall be given the opportunity to
 complete a motor vehicle  [accident  prevention]  DRIVER  SAFETY  course
 approved  by  the  commissioner  and  to then undergo a second road test
 administered pursuant to section five hundred nine-bb of  this  article,
 and  such disqualification shall cease if such person passes such second
 road test.
   § 13. Paragraph 1 of subdivision (c) of section 1146  of  the  vehicle
 and  traffic  law,  as  amended  by  chapter 333 of the laws of 2010, is
 amended to read as follows:
   1. A driver of a motor vehicle who causes serious physical  injury  as
 defined  in  article  ten  of the penal law to a pedestrian or bicyclist
 while failing to exercise due care in violation of  subdivision  (a)  of
 this  section,  shall  be guilty of a traffic infraction punishable by a
 fine of not more than seven hundred fifty dollars or by imprisonment for
 not more than fifteen days or by required participation in a motor vehi-
 cle [accident prevention] DRIVER SAFETY  course  pursuant  to  paragraph
 (e-1)  of  subdivision  two  of section 65.10 of the penal law or by any
 combination of such fine, imprisonment or course, and by suspension of a
 license or registration pursuant to subparagraph (xiv) or (xv) of  para-
 graph b of subdivision two of section five hundred ten of this chapter.

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   § 14. Subdivision 18-h of section 100 of the economic development law,
 as  added  by  chapter  489  of  the laws of 2011, is amended to read as
 follows:
   18-h.  to  include  in  the "NY-USA Proud" program those companies who
 provide [accident prevention] DRIVER  SAFETY  courses  approved  by  the
 commissioner  of  motor vehicles at a reduced rate to the servicemen and
 women who have returned from a combat theater or combat  zone  of  oper-
 ations.
   §  15.  Paragraph (e-1) of subdivision 2 of section 65.10 of the penal
 law, as added by chapter 571 of the laws of 2006, is amended to read  as
 follows:
   (e-1)  Participate  in  a  motor  vehicle [accident prevention] DRIVER
 SAFETY course. The court may require such condition where a  person  has
 been  convicted of a traffic infraction for a violation of article twen-
 ty-six of the vehicle and traffic  law  where  the  commission  of  such
 violation caused the serious physical injury or death of another person.
 For  purposes  of  this  paragraph,  the  term  "motor vehicle [accident
 prevention] DRIVER SAFETY course" shall mean a motor  vehicle  [accident
 prevention]  DRIVER  SAFETY  course  approved by the department of motor
 vehicles pursuant to article twelve-B of the vehicle and traffic law;
   § 16. This act shall take effect September 1, 2019; provided that  the
 amendments  to  subsection (a) of section 2336 of the insurance law made
 by section four of this act shall  be  subject  to  the  expiration  and
 reversion of such subsection pursuant to section 5 of chapter 751 of the
 laws  of 2005, as amended, when upon such date the provisions of section
 four-a of this act shall take effect.