S4740-2011 Actions

• May 2, 2012: referred to transportation
• May 2, 2012: DELIVERED TO ASSEMBLY
• May 2, 2012: PASSED SENATE
• Apr 30, 2012: ADVANCED TO THIRD READING
• Apr 26, 2012: 2ND REPORT CAL.
• Apr 25, 2012: 1ST REPORT CAL.583
• Feb 29, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to transportation
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 1, 2011: AMENDED ON THIRD READING 4740C
• May 23, 2011: AMENDED ON THIRD READING (T) 4740B
• May 16, 2011: ADVANCED TO THIRD READING
• May 11, 2011: 2ND REPORT CAL.
• May 11, 2011: AMENDED (T) 4740A
• May 10, 2011: 1ST REPORT CAL.606
• Apr 18, 2011: REFERRED TO TRANSPORTATION

S4740-2011 Meetings

S4740-2011 Calendars

S4740-2011 Votes

S4740-2011 Memo

BILL NUMBER:S4740

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the added
requirement of a motor vehicle accident prevention course for section
1192 violations

PURPOSE:
To incorporate into the Driver Responsibility Assessment, mandatory
participation in a motor vehicle accident prevention course approved
by the Department of Motor Vehicles.

SUMMARY OF PROVISIONS:
This bill would amend Section 1199 of the vehicle and traffic law to
require participation in an accident and motor vehicle prevention
course approved by the department of motor vehicles, by any person
who becomes liable to the department for payment of a driver
responsibility assessment. The law shall state that in no event shall
participation in the course, for the purpose of the driver
responsibility assessment, result in a point reduction or insurance
premium reduction. Nothing in this law, however, shall prevent a
person from participating in the course on a separate occasion for
the point and insurance reduction benefits.

JUSTIFICATION:
Persons that are subject to the driver responsibility assessment
represent the most dangerous segment of traffic violators. While
fines, fees, penalties and surcharges serve as a deterrent, the
current program lacks a treatment component to affect behavior
modification.
Programs approved by the department of motor vehicles have
demonstrated to be effective in reducing collisions and violations,
thus having a positive effect on recidivism.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4740-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4740
 2011-2012 Regular Sessions
 I N  SENATE
 April 18, 2011
 
 Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation  to  the  added
 requirement  of a motor vehicle accident prevention course for section
 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 PROVIDED HOWEV
 ER PURSUANT TO THIS SECTION SHALL NOT ENTITLE SUCH INDIVIDUAL TO A POINT
 REDUCTION   OR   INSURANCE   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.
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10096-01-1
 
       S. 4740                             2
 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  MOTOR  VEHICLE  ACCIDENT
 PREVENTION 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.
 (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,
 
       S. 4740                             3
 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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