Bill Text: NY A08151 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the safe not suspended driver retraining pilot program and the safe not suspended driver retraining pilot program fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A08151 Detail]

Download: New_York-2015-A08151-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8151
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2015
                                      ___________
       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to establishing
         the  safe  not suspended driver retraining pilot program; to amend the
         state finance law, in relation to establishing the safe not  suspended
         driver  retraining pilot program fund; and providing for the repeal of
         such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  article 12-D to read as follows:
    3                                ARTICLE 12-D
    4             SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM
    5  SECTION 399-P. SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM.
    6          399-Q. DEFINITIONS.
    7          399-R. PILOT PROGRAM SCOPE AND DURATION.
    8          399-S. REGULATIONS.
    9          399-T. REPORT.
   10    S 399-P. SAFE NOT  SUSPENDED  DRIVER  RETRAINING  PILOT  PROGRAM.  THE
   11  COMMISSIONER SHALL ESTABLISH AND IMPLEMENT A COMPREHENSIVE PILOT PROGRAM
   12  TO  REQUIRE  DRIVERS  THAT ARE AT RISK OF DRIVER'S LICENSE SUSPENSION OR
   13  DRIVERS WHO ARE SEEKING REINSTATEMENT FOLLOWING A SUSPENSION COMPLETE  A
   14  CLASSROOM  BASED  ADVANCED  BEHAVIORAL  BASED DRIVER RETRAINING PROGRAM,
   15  TITLED THE "SAFE NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM".
   16    S 399-Q. DEFINITIONS. AS USED IN THIS ARTICLE:
   17    1. THE TERM "AT RISK OF DRIVER'S LICENSE SUSPENSION"  MEANS  A  DRIVER
   18  WHO  HAS ACCUMULATED SEVEN OR MORE POINTS WITHIN AN EIGHTEEN MONTH PERI-
   19  OD.
   20    2. THE TERM "SEEKING DRIVER'S LICENSE REINSTATEMENT"  MEANS  A  DRIVER
   21  WHO HAS HAD HIS OR HER DRIVER'S LICENSE SUSPENDED, HAS PAID THE REQUIRED
   22  FINE, AND SEEKS TO REINSTATE HIS OR HER DRIVER'S LICENSE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11532-02-5
       A. 8151                             2
    1    3.  THE TERM "DRIVER RETRAINING PILOT PROGRAM" MEANS A COURSE ADMINIS-
    2  TERED BY THE VENDOR THAT IS CLASSROOM BASED, ADVANCED BEHAVIORAL  BASED,
    3  AND  PURSUANT TO REGULATIONS PROMULGATED BY THE DEPARTMENT AS A MEANS TO
    4  AVOID SUSPENSION OR A MEANINGFUL ALTERNATIVE TO SUSPENSION,  TITLED  THE
    5  "SAFE NOT SUSPENDED DRIVER RETRAINING PROGRAM".
    6    4.  THE  TERM "VENDOR" MEANS THE ORGANIZATION THAT WILL ADMINISTER THE
    7  DRIVER RETRAINING PROGRAM AS DETERMINED BY PROCUREMENT AND  APPROVED  BY
    8  THE DEPARTMENT.
    9    S  399-R.  PILOT  PROGRAM  SCOPE  AND DURATION. THE COMMISSIONER SHALL
   10  CONDUCT A DRIVER RETRAINING PILOT PROGRAM FOR A PERIOD OF FIVE YEARS  TO
   11  REQUIRE DRIVERS THAT ARE AT RISK OF DRIVER'S LICENSE SUSPENSION OR DRIV-
   12  ERS WHO ARE SEEKING DRIVER'S LICENSE REINSTATEMENT TO COMPLETE THE DRIV-
   13  ER  RETRAINING  PILOT  PROGRAM.  THE DEPARTMENT SHALL SELECT A VENDOR TO
   14  ADMINISTER THE PROGRAM BY PROCUREMENT. DRIVERS CONVICTED OF  AN  ALCOHOL
   15  OR DRUGGED DRIVING-RELATED TRAFFIC OFFENSE WHILE DRIVING A MOTOR VEHICLE
   16  ARE NOT ELIGIBLE FOR THE DRIVER RETRAINING PILOT PROGRAM.
   17    S  399-S.  REGULATIONS. 1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
   18  TO PROMULGATE ANY RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
   19  PROVISIONS OF THIS ARTICLE.
   20    2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE FOR PARTICIPATION IN
   21  THE  DRIVER  RETRAINING  PILOT  PROGRAM  NOT TO EXCEED ONE HUNDRED FIFTY
   22  DOLLARS. THE VENDOR OF THE DRIVER RETRAINING PILOT PROGRAM  IS  ENTITLED
   23  TO  A  FEE  OF  THREE-FIFTHS OF THE FEE IMPOSED FOR PARTICIPATION IN THE
   24  DRIVER RETRAINING PILOT PROGRAM.
   25    3. THE COMMISSIONER IS AUTHORIZED TO GRANT POINT AND INSURANCE PREMIUM
   26  REDUCTION BENEFITS AS WELL AS EXEMPTION FROM THE  DRIVER  RESPONSIBILITY
   27  ASSESSMENT,  THE  SUSPENSION  TERMINATION  FEE, AND THE IMMEDIATE TERMI-
   28  NATION OF THE SUSPENSION OF A DRIVER'S LICENSE UPON  COMPLETION  OF  THE
   29  DRIVER RETRAINING PILOT PROGRAM.
   30    4.  IN ADDITION TO ANY REQUIREMENTS EXPRESSLY AUTHORIZED BY THIS ARTI-
   31  CLE, SUCH REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED  TO,  REQUIREMENTS
   32  AND STANDARDS WITH RESPECT TO: DELIVERY AGENCIES AND INSTRUCTORS; CLASS-
   33  ROOM FACILITIES; SUSPENSION OR REVOCATION OF APPROVAL; APPEAL OF SUSPEN-
   34  SION  OR REVOCATION; COURSE ADMINISTRATION AND ADVERTISING; AND MONITOR-
   35  ING OF COURSES AND INSTRUCTORS.
   36    S 399-T. REPORT. WITHIN FIVE YEARS OF THE ESTABLISHMENT AND  IMPLEMEN-
   37  TATION  OF  THIS ARTICLE, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR,
   38  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
   39  THE DRIVER RETRAINING PILOT PROGRAM AND ITS RESULTS. SUCH  REPORT  SHALL
   40  INCLUDE RECOMMENDATIONS AS TO THE FUTURE OF THE PILOT PROGRAM.
   41    S  2. The state finance law is amended by adding a new section 99-x to
   42  read as follows:
   43    S 99-X. SAFE NOT SUSPENDED DRIVER RETRAINING PILOT  PROGRAM  FUND.  1.
   44  THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
   45  TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL  FUND  TO
   46  BE  KNOWN  AS  THE  "SAFE  NOT SUSPENDED DRIVER RETRAINING PILOT PROGRAM
   47  FUND".
   48    2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE  DEPARTMENT  OF
   49  MOTOR  VEHICLES  PURSUANT  TO  THE PROVISIONS OF ARTICLE TWELVE-D OF THE
   50  VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED  OR
   51  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   52    3.  THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
   53  ADMINISTERING AND IMPLEMENTING THE PROVISIONS OF ARTICLE TWELVE-D OF THE
   54  VEHICLE AND TRAFFIC LAW BY THE DEPARTMENT OF MOTOR VEHICLES.
   55    S 3. This act shall take effect on the one hundred eightieth day after
   56  it shall have become a law and shall expire and be deemed repealed  five
       A. 8151                             3
    1  years  after the date that the driver retraining pilot program is estab-
    2  lished and implemented by the commissioner of motor vehicles pursuant to
    3  article 12-D of the vehicle and traffic law, as added by section one  of
    4  this act; provided that any rules and regulations necessary to implement
    5  the  provisions  of  this  act  on its effective date are authorized and
    6  directed to be completed on or before such date; and  provided,  further
    7  that  the  commissioner  of  motor vehicles shall notify the legislative
    8  bill drafting commission of the date he or she  establishes  and  imple-
    9  ments the driver retraining program pursuant to section one of this act,
   10  in order that such commission may maintain an accurate and timely effec-
   11  tive  database of the official text of the laws of the state of New York
   12  in furtherance of effectuating the  provisions  of  section  44  of  the
   13  legislative law and section 70-b of the public officers law.