Bill Text: NY A00041 | 2015-2016 | General Assembly | Introduced


Bill Title: Establishes a driver safety course and a driver safety course fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A00041 Detail]

Download: New_York-2015-A00041-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          41
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in  relation  to  a  driver
         safety course; to amend the state finance law, in relation to a driver
         safety  course fund; to amend the insurance law, the military law, the
         executive law, the vehicle and traffic law, the  economic  development
         law  and the penal law, in relation to making technical changes there-
         to; and to repeal certain provisions of the vehicle  and  traffic  law
         and the state finance law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Articles 12-B and 12-C of the vehicle and traffic  law  are
    2  REPEALED and a new article 12-B is added to read as follows:
    3                                ARTICLE 12-B
    4                            DRIVER SAFETY COURSE
    5  SECTION 399-A. STATEMENT OF PURPOSE.
    6          399-B. ESTABLISHMENT AND IMPLEMENTATION OF DRIVER SAFETY COURSE.
    7          399-C. COURSE CONTENT.
    8          399-D. FEES.
    9          399-E. ADVERTISING.
   10          399-F. REPORT BY COMMISSIONER.
   11          399-G. REGULATIONS.
   12    S  399-A.  STATEMENT  OF  PURPOSE.  THE  PURPOSE OF THIS ARTICLE IS TO
   13  FOSTER AND MAINTAIN DRIVER COMPETENCY THROUGH THE CREATION OF  A  DRIVER
   14  SAFETY COURSE.
   15    S 399-B. ESTABLISHMENT AND IMPLEMENTATION OF DRIVER SAFETY COURSE. THE
   16  COMMISSIONER  SHALL  ESTABLISH  AND  IMPLEMENT  AN INTERNET BASED DRIVER
   17  SAFETY COURSE FOR THE PURPOSES OF TRAINING  NEW  DRIVERS,  AND  GRANTING
   18  POINT  AND  INSURANCE  REDUCTION  BENEFITS.  THE  COMMISSIONER SHALL NOT
   19  CONTRACT WITH OR OTHERWISE UTILIZE ANY NON-GOVERNMENTAL ENTITIES IN  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03175-01-5
       A. 41                               2
    1  ESTABLISHMENT  OR IMPLEMENTATION OF THIS COURSE, EXCEPT THAT THE COMMIS-
    2  SIONER SHALL CONTRACT WITH A SOFTWARE SOLUTION AND  NETWORK  INFRASTRUC-
    3  TURE PROVIDER. SUCH SOFTWARE SOLUTION AND NETWORK INFRASTRUCTURE PROVID-
    4  ER  SHALL  BE  INCORPORATED AND LOCATED WITHIN THE STATE, HAVE CONDUCTED
    5  BUSINESS WITH THE STATE FOR A PERIOD OF NOT LESS THAN TEN  YEARS,  OFFER
    6  COURSE CONTENT AS PART OF THEIR SERVICES, AND USE BIOMETRIC TECHNOLOGIES
    7  TO  GUARANTEE SECURITY.   THE COMMISSIONER SHALL IMPLEMENT A SYSTEM THAT
    8  ALLOWS AN ON-LINE PARTICIPANT TO VERIFY HIS OR HER IDENTITY AND  ENSURES
    9  THAT  SUCH  STUDENT'S  IDENTITY  AND ON-LINE TRANSACTION IS SECURE.  THE
   10  COMMISSIONER SHALL ENDEAVOR TO CONTRACT SOFTWARE  SOLUTION  AND  NETWORK
   11  INFRASTRUCTURE PROVIDERS CERTIFIED UNDER ARTICLE FIFTEEN-A OF THE EXECU-
   12  TIVE LAW.
   13    S  399-C. COURSE CONTENT. THE COMMISSIONER SHALL CONTRACT WITH A TECH-
   14  NOLOGY CONTRACTOR WHO IS WELL-KNOWN IN THE COMMUNITY AND SPECIALIZES  IN
   15  TRAFFIC  SAFETY  CURRICULUM  DEVELOPMENT TO DEVELOP A CURRICULUM FOR THE
   16  DRIVER SAFETY COURSE IN CONJUNCTION WITH THE GOVERNOR'S  TRAFFIC  SAFETY
   17  COMMITTEE. THIS CURRICULUM SHALL CONTAIN INSTRUCTION ON DRIVER ATTITUDE,
   18  COLLISION AWARENESS, THE PROPER USE OF AUTOMOBILE SAFETY DEVICES, DEFEN-
   19  SIVE  DRIVING, DRUG AND ALCOHOL IMPAIRMENT, SAFE USE OF AUTOMOBILE TECH-
   20  NOLOGY, SCHOOL AND WORK ZONE SAFETY, TOLL PLAZA  SAFETY,  DRIVING  WHILE
   21  DROWSY,  DRIVER  DISTRACTIONS,  ROAD  RAGE,  SCHOOL BUS SAFETY, AND SUCH
   22  OTHER SUBJECTS AS THE COMMISSIONER MAY PRESCRIBE. THIS CURRICULUM  SHALL
   23  BE REVIEWED AND UPDATED ANNUALLY.
   24    S  399-D.  FEES.  THE  COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON
   25  EACH STUDENT WHO ENROLLS IN THE DRIVER SAFETY  COURSE  WHICH  SHALL  NOT
   26  EXCEED ONE HUNDRED DOLLARS. THE PROCEEDS FROM SUCH FEE SHALL BE DEPOSIT-
   27  ED   IN  THE  DRIVER  SAFETY  COURSE  FUND  AS  ESTABLISHED  BY  SECTION
   28  EIGHTY-NINE-G OF THE STATE FINANCE LAW.
   29    S 399-E. ADVERTISING. THE GOVERNOR'S TRAFFIC  SAFETY  COMMITTEE  SHALL
   30  DEVELOP AND IMPLEMENT A PROGRAM TO ACTIVELY MARKET AND PROMOTE THE DRIV-
   31  ER SAFETY COURSE TO THE GENERAL PUBLIC.
   32    S 399-F. REPORT BY COMMISSIONER. THE COMMISSIONER SHALL REPORT ANNUAL-
   33  LY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
   34  ER  OF  THE ASSEMBLY THE NUMBER OF STUDENTS TAKING THE COURSE, AMOUNT OF
   35  REVENUE RECEIVED, THE LOCATION OF STUDENTS BY COUNTY,  AND  WHETHER  THE
   36  COURSE  IS  TAKEN  FOR  PRE-LICENSING,  INSURANCE,  OR  POINT  REDUCTION
   37  PURPOSES.
   38    S 399-G. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND
   39  REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS  ARTI-
   40  CLE.
   41    S  2.  Subdivision  4 of section 502 of the vehicle and traffic law is
   42  REPEALED and a new subdivision 4 is added to read as follows:
   43    4. EXAMINATIONS. (A) UPON SUBMISSION OF AN APPLICATION FOR A  DRIVER'S
   44  LICENSE,  THE  APPLICANT  SHALL  BE REQUIRED (I) TO TAKE AND PASS A TEST
   45  RELATING TO TRAFFIC LAWS, AND SUCH OTHER TRAFFIC  RELATED  MATTERS  THAT
   46  THE COMMISSIONER MAY PRESCRIBE, (II) TO TAKE AND PASS A BEHIND THE WHEEL
   47  EXAMINATION,  AND  (III)  TO  SATISFACTORILY  COMPLETE THE DRIVER SAFETY
   48  COURSE UNDER ARTICLE TWELVE-B OF THIS CHAPTER.
   49    (B) THE COMMISSIONER SHALL CAUSE THE APPLICANT TO TAKE A  VISION  TEST
   50  AND  A  TEST  FOR  COLOR BLINDNESS. UPON PASSAGE OF THE VISION TEST, THE
   51  APPLICATION MAY BE ACCEPTED AND THE APPLICATION FEE SHALL BE PAYABLE.
   52    (C) THE COMMISSIONER SHALL MAKE AVAILABLE  TO  EACH  APPLICANT  FOR  A
   53  COMMERCIAL   DRIVER'S  LICENSE  INSTRUCTIONAL  HANDBOOKS  OUTLINING  THE
   54  REQUIREMENTS NECESSARY TO QUALIFY FOR SUCH A LICENSE, AND  CONTAINING  A
   55  DISCUSSION  OF  THE  OFFENSES WHICH WILL RESULT IN DISQUALIFICATION FROM
   56  OPERATING A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION FIVE  HUNDRED
       A. 41                               3
    1  ONE-A OF THIS ARTICLE. SUCH HANDBOOKS SHALL BE AVAILABLE IN LANGUAGES AS
    2  THE COMMISSIONER MAY PRESCRIBE.
    3    (D)  THE  COMMISSIONER MAY WAIVE THE REQUIREMENT FOR PASSAGE OF A TEST
    4  UNDER SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,  FOR  THOSE
    5  APPLICANTS  WHO  HOLD  A  VALID  OR RENEWABLE DRIVER'S LICENSE ISSUED BY
    6  ANOTHER JURISDICTION OR THE UNITED STATES GOVERNMENT.
    7    (E) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ESTABLISH-
    8  ING ELIGIBILITY STANDARDS FOR THE TAKING AND PASSING OF KNOWLEDGE  TESTS
    9  IN OTHER THAN WRITTEN FORM.
   10    S  3.  Section  89-g  of  the  state finance law is REPEALED and a new
   11  section 89-g is added to read as follows:
   12    S 89-G. DRIVER SAFETY COURSE FUND. 1. THERE IS HEREBY  ESTABLISHED  IN
   13  THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
   14  TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DRIVER SAFETY COURSE
   15  FUND".
   16    2.  SUCH  FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE DEPARTMENT OF
   17  MOTOR VEHICLES PURSUANT TO THE PROVISIONS OF  ARTICLE  TWELVE-B  OF  THE
   18  VEHICLE  AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR
   19  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   20    3. THE MONEYS IN THE DRIVER SAFETY COURSE FUND SHALL BE KEPT  SEPARATE
   21  AND  SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
   22  COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
   23    4. THE MONEYS IN THE DRIVER  SAFETY  COURSE  FUND  SHALL  BE  ANNUALLY
   24  DISTRIBUTED  AS  FOLLOWS:  NOT MORE THAN THIRTY PERCENT OF THE MONEYS IN
   25  SUCH FUND SHALL BE EXPENDED BY THE DEPARTMENT OF MOTOR VEHICLES FOR  THE
   26  PURPOSES  OF  ADMINISTERING  AND  IMPLEMENTING THE PROVISIONS OF ARTICLE
   27  TWELVE-B OF THE VEHICLE AND TRAFFIC LAW; NOT MORE THAN THIRTY PERCENT OF
   28  THE MONEYS IN SUCH FUND SHALL BE TRANSFERRED TO  THE  DEDICATED  HIGHWAY
   29  AND  BRIDGE  TRUST  FUND; NOT MORE THAN FIFTEEN PERCENT OF THE MONEYS IN
   30  SUCH FUND SHALL BE EXPENDED FOR  THE  ADMINISTRATION  OF  DEPARTMENT  OF
   31  MOTOR  VEHICLE  REGIONAL  OFFICES LOCATED IN THE CITY OF ALBANY, CITY OF
   32  ROCHESTER, TOWN OF OYSTER BAY,  TOWN  OF  BETHPAGE,  CITY  OF  SYRACUSE,
   33  VILLAGE OF NORTH SYRACUSE, VILLAGE OF WEST HAVERSTRAW, VILLAGE OF AMITY-
   34  VILLE,  TOWN  OF  ISLIP, TOWN OF HUNTINGTON, TOWN OF BROOKHAVEN, TOWN OF
   35  RIVERHEAD, CITY OF PEEKSKILL, CITY OF WHITE PLAINS, AND CITY OF YONKERS,
   36  PROVIDED HOWEVER, IN THE EVENT THAT ANY OF  THE  AFOREMENTIONED  OFFICES
   37  HAS  CLOSED, RELOCATED, OR EXPERIENCED A SIGNIFICANT REDUCTION OF ACTIV-
   38  ITIES, NO MONEYS SHALL BE EXPENDED FOR THE PURPOSE OF ADMINISTRATION  OF
   39  ANY  REGIONAL  OFFICE  UNDER THIS SECTION; NOT MORE THAN FIVE PERCENT OR
   40  FIVE MILLION DOLLARS, WHICHEVER IS LESS, OF  THE  MONEYS  IN  SUCH  FUND
   41  SHALL  BE EXPENDED BY THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE FOR ADVER-
   42  TISING AND CURRICULUM DEVELOPMENT OF THE DRIVER SAFETY PROGRAM; NOT MORE
   43  THAN FIVE PERCENT OR FIVE MILLION DOLLARS, WHICHEVER  IS  LESS,  OF  THE
   44  MONEYS  IN  SUCH FUND SHALL BE EXPENDED BY THE DEPARTMENT OF TRANSPORTA-
   45  TION FOR CULVERT MAINTENANCE; NOT MORE THAN FIVE PERCENT OR FIVE MILLION
   46  DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND SHALL BE EXPENDED
   47  BY THE DEPARTMENT OF TRANSPORTATION AND THE DIVISION OF STATE POLICE FOR
   48  WORK AND SCHOOL ZONE SAFETY PROGRAMS; NOT MORE THAN FIVE PERCENT OR FIVE
   49  MILLION DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND SHALL  BE
   50  EXPENDED BY NON METROPOLITAN TRANSPORTATION AUTHORITY PUBLIC TRANSPORTA-
   51  TION AUTHORITIES FOR THE PARA TRANSIT OPERATIONS; AND NOT MORE THAN FIVE
   52  PERCENT  OR  FIVE  MILLION  DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN
   53  SUCH FUND SHALL BE EXPENDED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
   54  FOR HANDICAPPED ACCESSIBLE EQUIPMENT.
   55    S 4.  Subsection (a) of section 2336 of the insurance law, as  amended
   56  by chapter 751 of the laws of 2005, is amended to read as follows:
       A. 41                               4
    1    (a)  Any  schedule of rates or rating plan for motor vehicle liability
    2  and collision insurance submitted to the  superintendent  shall  provide
    3  for  an  appropriate  reduction in premium charges for any insured for a
    4  three year period after successfully completing a motor  vehicle  [acci-
    5  dent  prevention]  DRIVER  SAFETY  course,  known as the national safety
    6  council's defensive driving course, or  any  driver  improvement  course
    7  approved  by the department of motor vehicles as being equivalent to the
    8  national safety council's  defensive  driving  course,  provided  that[,
    9  except  as provided in article twelve-C of the vehicle and traffic law,]
   10  there shall be no reduction in premiums for a self instruction defensive
   11  driving course or a course which does not provide for  actual  classroom
   12  instruction  for  a minimum number of hours as determined by the depart-
   13  ment of motor vehicles. Such  reduction  in  premium  charges  shall  be
   14  subsequently  modified to the extent appropriate, based upon analysis of
   15  loss experience statistics and other relevant factors. All such accident
   16  prevention courses shall be monitored by the department of  motor  vehi-
   17  cles  and  shall include components of instruction in "Road Rage" aware-
   18  ness and in "Work Zone Safety" awareness as defined by the  commissioner
   19  of  motor  vehicles.  The  provisions of this section shall not apply to
   20  attendance at a program pursuant to article twenty-one  of  the  vehicle
   21  and traffic law as a result of any traffic infraction.
   22    S 4-a. Subsection (a) of section 2336 of the insurance law, as amended
   23  by chapter 585 of the laws of 2002, is amended to read as follows:
   24    (a)  Any  schedule of rates or rating plan for motor vehicle liability
   25  and collision insurance submitted to the  superintendent  shall  provide
   26  for  an  appropriate  reduction in premium charges for any insured for a
   27  three year period after successfully completing a motor  vehicle  [acci-
   28  dent  prevention]  DRIVER  SAFETY  course,  known as the national safety
   29  council's defensive driving course, or  any  driver  improvement  course
   30  approved  by the department of motor vehicles as being equivalent to the
   31  national safety council's defensive driving  course,  provided  that  in
   32  either event there shall be no reduction in premiums for a self instruc-
   33  tion  defensive  driving  course  or a course which does not provide for
   34  actual classroom instruction for a minimum number of hours as determined
   35  by the department of motor vehicles. Such reduction in  premium  charges
   36  shall  be  subsequently  modified  to the extent appropriate, based upon
   37  analysis of loss experience statistics and other relevant  factors.  All
   38  such accident prevention courses shall be monitored by the department of
   39  motor  vehicles  and  shall  include  components of instruction in "Road
   40  Rage" awareness and in "Work Zone Safety" awareness as  defined  by  the
   41  commissioner of motor vehicles. The provisions of this section shall not
   42  apply  to  attendance at a program pursuant to article twenty-one of the
   43  vehicle and traffic law as a result of any traffic infraction.
   44    S 5.  Section 301-c of the military law, as added by  chapter  489  of
   45  the laws of 2011, is amended to read as follows:
   46    S  301-c.  [Accident prevention] DRIVER SAFETY course information. The
   47  division of military and naval affairs shall provide returning  service-
   48  men  and women who have returned from a combat theater or combat zone of
   49  operations with information about [accident  prevention]  DRIVER  SAFETY
   50  courses approved by the commissioner of motor vehicles pursuant to arti-
   51  cle  twelve-B  of  the  vehicle and traffic law. This information may be
   52  provided in written form to be available at Yellow Ribbon  Reintegration
   53  programs  or any other reintegration programs offered by the division or
   54  may be made available online on the  division's  website.  The  division
   55  shall  also  provide  a link to the department of motor vehicles website
       A. 41                               5
    1  pages containing information  about  the  [accident  prevention]  DRIVER
    2  SAFETY courses.
    3    S  6.  Subdivision 20 of section 353 of the executive law, as added by
    4  chapter 489 of the laws of 2011, is amended to read as follows:
    5    20. To make available  information  on  [accident  prevention]  DRIVER
    6  SAFETY  courses approved by the commissioner of motor vehicles online on
    7  the division's website. The division shall provide a link to the depart-
    8  ment of motor vehicles  website  pages  containing  information  on  the
    9  [accident prevention] DRIVER SAFETY courses.
   10    S 7.  Paragraph (e) of subdivision 4 of section 503 of the vehicle and
   11  traffic  law,  as added by section 2 of part E of chapter 59 of the laws
   12  of 2004, is amended to read as follows:
   13    (e) Any completion of a motor  vehicle  [accident  prevention]  DRIVER
   14  SAFETY  course  approved  pursuant  to  article twelve-B of this chapter
   15  shall not serve to reduce the calculation of points on a person's  driv-
   16  ing record for the purposes of this section.
   17    S  8.  Subdivision 3 of section 509-bb of the vehicle and traffic law,
   18  as added by chapter 599 of the laws of  1993,  is  amended  to  read  as
   19  follows:
   20    (3)  For  purposes  of  this  section,  one such accident shall not be
   21  counted if the person successfully completes a motor  vehicle  [accident
   22  prevention] DRIVER SAFETY course approved by the commissioner.
   23    S  9.  Paragraphs (d) and (f) of subdivision 1 of section 509-c of the
   24  vehicle and traffic law, paragraph (d) as amended and paragraph  (f)  as
   25  added  by  chapter  599  of  the  laws  of  1993, are amended to read as
   26  follows:
   27    (d) for a period of one year, if that person has accumulated  nine  or
   28  more  points  on his or her driving record for acts that occurred during
   29  an eighteen month period  on  or  after  September  fifteenth,  nineteen
   30  hundred  eighty-five, provided, however, that the disqualification shall
   31  terminate if the person has reduced the points to less than nine through
   32  the successful completion of a motor vehicle [accident prevention] DRIV-
   33  ER SAFETY course.
   34    (f) for a period of one year, if that person fails to pass a road test
   35  administered pursuant to section five hundred nine-bb of  this  article;
   36  provided,  however,  that  such person shall be given the opportunity to
   37  complete a motor vehicle  [accident  prevention]  DRIVER  SAFETY  course
   38  approved  by  the  commissioner  and  to then undergo a second road test
   39  administered pursuant to section five hundred nine-bb of  this  article,
   40  and  such disqualification shall cease if such person passes such second
   41  road test.
   42    S 10. Paragraphs (d) and (f) of subdivision 2 of section 509-c of  the
   43  vehicle  and  traffic law, paragraph (d) as amended and paragraph (f) as
   44  added by chapter 599 of the  laws  of  1993,  are  amended  to  read  as
   45  follows:
   46    (d)  for a period of one year, if that person accumulates nine or more
   47  points on his or her driving record for acts occurring during  an  eigh-
   48  teen  month  period,  provided, however, that the disqualification shall
   49  terminate if the person has reduced the points to less than nine through
   50  the successful completion of a motor vehicle [accident prevention] DRIV-
   51  ER SAFETY course.
   52    (f) for a period of one year, if that person fails to pass a road test
   53  administered pursuant to section five hundred nine-bb of  this  article;
   54  provided,  however,  that  such person shall be given the opportunity to
   55  complete a motor vehicle  [accident  prevention]  DRIVER  SAFETY  course
   56  approved  by  the  commissioner  and  to then undergo a second road test
       A. 41                               6
    1  administered pursuant to section five hundred nine-bb of  this  article,
    2  and  such disqualification shall cease if such person passes such second
    3  road test.
    4    S 11. Paragraphs (d) and (f) of subdivision 1 of section 509-cc of the
    5  vehicle  and  traffic law, paragraph (d) as amended and paragraph (f) as
    6  added by chapter 599 of the  laws  of  1993,  are  amended  to  read  as
    7  follows:
    8    (d)  for  a period of one year, if that person has accumulated nine or
    9  more points on his or her driving record for acts that  occurred  during
   10  an  eighteen  month  period  on  or  after September fifteenth, nineteen
   11  hundred eighty-five, provided, however, that the disqualification  shall
   12  terminate if the person has reduced the points to less than nine through
   13  the successful completion of a motor vehicle [accident prevention] DRIV-
   14  ER SAFETY course.
   15    (f) for a period of one year, if that person fails to pass a road test
   16  administered  pursuant  to section five hundred nine-bb of this article;
   17  provided, however, that such person shall be given  the  opportunity  to
   18  complete  a  motor  vehicle  [accident  prevention] DRIVER SAFETY course
   19  approved by the commissioner and to then  undergo  a  second  road  test
   20  administered  pursuant  to section five hundred nine-bb of this article,
   21  and such disqualification shall cease if such person passes such  second
   22  road test.
   23    S 12. Paragraphs (e) and (g) of subdivision 2 of section 509-cc of the
   24  vehicle  and  traffic law, paragraph (e) as amended and paragraph (g) as
   25  added by chapter 599 of the  laws  of  1993,  are  amended  to  read  as
   26  follows:
   27    (e)  for a period of one year, if that person accumulates nine or more
   28  points on his or her driving record for acts occurring during  an  eigh-
   29  teen  month  period,  provided, however, that the disqualification shall
   30  terminate if the person has reduced the points to less than nine through
   31  the successful completion of a motor vehicle [accident prevention] DRIV-
   32  ER SAFETY course.
   33    (g) for a period of one year, if that person fails to pass a road test
   34  administered pursuant to section five hundred nine-bb of  this  article;
   35  provided,  however,  that  such person shall be given the opportunity to
   36  complete a motor vehicle  [accident  prevention]  DRIVER  SAFETY  course
   37  approved  by  the  commissioner  and  to then undergo a second road test
   38  administered pursuant to section five hundred nine-bb of  this  article,
   39  and  such disqualification shall cease if such person passes such second
   40  road test.
   41    S 13. Paragraph 1 of subdivision (c) of section 1146  of  the  vehicle
   42  and  traffic  law,  as  amended  by  chapter 333 of the laws of 2010, is
   43  amended to read as follows:
   44    1. A driver of a motor vehicle who causes serious physical  injury  as
   45  defined  in  article  ten  of the penal law to a pedestrian or bicyclist
   46  while failing to exercise due care in violation of  subdivision  (a)  of
   47  this  section,  shall  be guilty of a traffic infraction punishable by a
   48  fine of not more than seven hundred fifty dollars or by imprisonment for
   49  not more than fifteen days or by required participation in a motor vehi-
   50  cle [accident prevention] DRIVER SAFETY  course  pursuant  to  paragraph
   51  (e-1)  of  subdivision  two  of section 65.10 of the penal law or by any
   52  combination of such fine, imprisonment or course, and by suspension of a
   53  license or registration pursuant to subparagraph (xiv) or (xv) of  para-
   54  graph b of subdivision two of section five hundred ten of this chapter.
       A. 41                               7
    1    S 14. Subdivision 18-h of section 100 of the economic development law,
    2  as  added  by  chapter  489  of  the laws of 2011, is amended to read as
    3  follows:
    4    18-h.  to  include  in  the "NY-USA Proud" program those companies who
    5  provide [accident prevention] DRIVER  SAFETY  courses  approved  by  the
    6  commissioner  of  motor vehicles at a reduced rate to the servicemen and
    7  women who have returned from a combat theater or combat  zone  of  oper-
    8  ations.
    9    S  15.  Paragraph (e-1) of subdivision 2 of section 65.10 of the penal
   10  law, as added by chapter 571 of the laws of 2006, is amended to read  as
   11  follows:
   12    (e-1)  Participate  in  a  motor  vehicle [accident prevention] DRIVER
   13  SAFETY course. The court may require such condition where a  person  has
   14  been  convicted of a traffic infraction for a violation of article twen-
   15  ty-six of the vehicle and traffic  law  where  the  commission  of  such
   16  violation caused the serious physical injury or death of another person.
   17  For  purposes  of  this  paragraph,  the  term  "motor vehicle [accident
   18  prevention] DRIVER SAFETY course" shall mean a motor  vehicle  [accident
   19  prevention]  DRIVER  SAFETY  course  approved by the department of motor
   20  vehicles pursuant to article twelve-B of the vehicle and traffic law;
   21    S 16. This act shall take effect September 1, 2015; provided that  the
   22  amendments  to  subsection (a) of section 2336 of the insurance law made
   23  by section four of this act shall  be  subject  to  the  expiration  and
   24  reversion of such subsection pursuant to section 5 of chapter 751 of the
   25  laws  of 2005, as amended, when upon such date the provisions of section
   26  four-a of this act shall take effect.
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