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Memo

BILL NUMBER:S4740A

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 driving while under the influence of alcohol or drugs 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, within 6 months, 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.

Text

STATE OF NEW YORK
________________________________________________________________________

4740--A
Cal. No. 606

2011-2012 Regular Sessions

IN SENATE

April 18, 2011
___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10096-02-1
S. 4740--A                          2

  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-
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
S. 4740--A                          3

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,
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.