Relates to a motor vehicle accident prevention course for drivers convicted of driving while intoxicated or while under the influence of drugs.

---

S4740B-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

S4740B-2011 Calendars

Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011

S4740B-2011 Votes

S4740B-2011 Memo

BILL NUMBER:S4740B

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the insurance 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 as provided in � 2336 of the Insurance
Law. 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 on the one hundred eightieth day after it
shall have become a law.

S4740B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4740--B
      Cal. No. 606

                         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 -- 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  --  ordered  to  a
    third  reading,  amended and ordered reprinted, retaining its place in
    the order of third reading

  AN ACT to amend the vehicle and traffic law and the  insurance  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 COMPLETION OF A
  MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED  PURSUANT  TO  ARTICLE
  TWELVE-B OF THIS CHAPTER 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 INSURANCE PREMIUM REDUCTION

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10096-04-1

 S. 4740--B                          2

  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-
  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,  THE REQUIREMENT OF COMPLETING A MOTOR VEHICLE ACCI-
  DENT PREVENTION COURSE, and that failure to  make  payment  OR  COMPLETE
  SUCH  COURSE  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  COMPLETE  A  MOTOR VEHICLE ACCIDENT PREVENTION COURSE 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 have been paid in full AND SUCH PERSON HAS PROVIDED PROOF OF
  COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
    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  COMPLETION  OF  A  MOTOR
  VEHICLE ACCIDENT PREVENTION COURSE APPROVED PURSUANT TO ARTICLE TWELVE-B
  OF  THIS  CHAPTER 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, THE REQUIREMENT OF COMPLETING A MOTOR VEHICLE
  ACCIDENT PREVENTION COURSE, and that failure to make payment OR COMPLETE
  SUCH COURSE shall result in  the  suspension  of  his  or  her  driver's
  license or privilege of obtaining a driver's license.

 S. 4740--B                          3

    (d) If a person shall fail to pay any driver responsibility assessment
  OR  COMPLETE  A  MOTOR VEHICLE ACCIDENT PREVENTION COURSE 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 AND SUCH PERSON HAS PROVIDED PROOF OF
  COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
    (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. 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)  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 accident
  prevention course, known as  the  national  safety  council's  defensive
  driving course, or any driver improvement course approved by the depart-
  ment  of motor vehicles as being equivalent to the national safety coun-
  cil'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 department of motor vehi-
  cles. 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 A MOTOR VEHICLE  ACCI-
  DENT  PREVENTION COURSE COMPLETED PURSUANT TO SECTION FIVE HUNDRED THREE

 S. 4740--B                          4

  OR ELEVEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW OR  attend-
  ance  at  a  program  pursuant  to article twenty-one of the vehicle and
  traffic law as a result of any traffic infraction.
    S  4.  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 accident
  prevention  course,  known  as  the  national safety council's defensive
  driving course, or any driver improvement course approved by the depart-
  ment of motor vehicles as being equivalent to the national safety  coun-
  cil's  defensive  driving  course,  provided  that in either event there
  shall be no reduction in premiums for a self instruction defensive driv-
  ing 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 A
  MOTOR VEHICLE ACCIDENT PREVENTION COURSE COMPLETED PURSUANT  TO  SECTION
  FIVE  HUNDRED  THREE  OR  ELEVEN  HUNDRED NINETY-NINE OF THE VEHICLE AND
  TRAFFIC LAW OR attendance at a program pursuant to article twenty-one of
  the vehicle and traffic law as a result of any traffic infraction.
    S 5. This act shall take effect on the one hundred eightieth day after
  it shall have become a law; provided that the amendments  to  subsection
  (a)  of section 2336 of the insurance law, made by section three of this
  act, shall not affect the expiration and repeal of such subdivision  and
  shall  be deemed repealed therewith, when upon such date section four of
  this act shall take effect.