This bill has been amended

Bill S382-2013

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

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

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 382 2013-2014 Regular Sessions IN SENATE (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
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.

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