A7220A-2011 Actions

• Jan 4, 2012: referred to transportation
• Jun 2, 2011: print number 7220c
• Jun 2, 2011: amend and recommit to transportation
• May 23, 2011: print number 7220b
• May 23, 2011: amend (t) and recommit to transportation
• May 13, 2011: print number 7220a
• May 13, 2011: amend (t) and recommit to transportation
• Apr 19, 2011: referred to transportation

A7220A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7220--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 April 19, 2011
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
 on  Transportation  --  committee  discharged,  bill  amended, ordered
 reprinted as amended and recommitted to said committee
 

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.
 2. The amount of  the  driver  responsibility  assessment  under  this
 section  shall  be  two  hundred fifty dollars per year for a three-year
 period.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10096-03-1
 
       A. 7220--A                          2
 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
 remain  in  effect  until  any and all outstanding driver responsibility
 assessments have been paid in full.
 
       A. 7220--A                          3
 (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.

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