S T A T E O F N E W Y O R K
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10078
I N A S S E M B L Y
May 3, 2012
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Transportation
AN ACT to amend the mental hygiene law, in relation to reestablishing
the alcohol and drug rehabilitation program within the office of alco-
holism and substance abuse services; and to repeal section 1196 of the
vehicle and traffic law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
19.26 to read as follows:
S 19.26 ALCOHOL AND DRUG REHABILITATION PROGRAM.
(A) PROGRAM ESTABLISHMENT. THERE IS HEREBY ESTABLISHED AN ALCOHOL AND
DRUG REHABILITATION PROGRAM WITHIN THE OFFICE. THE COMMISSIONER SHALL
ESTABLISH, BY REGULATION, THE INSTRUCTIONAL AND REHABILITATIVE ASPECTS
OF THE PROGRAM. SUCH PROGRAM SHALL CONSIST OF AT LEAST FIFTEEN HOURS
AND INCLUDE, BUT NEED NOT BE LIMITED TO, CLASSROOM INSTRUCTION IN AREAS
DEEMED APPROPRIATE BY THE COMMISSIONER. NO PERSON SHALL BE REQUIRED TO
ATTEND OR PARTICIPATE IN SUCH PROGRAM OR ANY ASPECT THEREOF FOR A PERIOD
EXCEEDING EIGHT MONTHS EXCEPT UPON THE RECOMMENDATION OF THE OFFICE OR
APPROPRIATE HEALTH OFFICIALS ADMINISTERING THE PROGRAM ON BEHALF OF A
MUNICIPALITY.
(B) CURRICULUM. THE FORM, CONTENT AND METHOD OF PRESENTATION OF THE
VARIOUS ASPECTS OF SUCH PROGRAM SHALL BE ESTABLISHED BY THE COMMISSION-
ER. IN THE DEVELOPMENT OF THE FORM, CURRICULUM AND CONTENT OF SUCH
PROGRAM, THE COMMISSIONER MAY CONSULT WITH THE COMMISSIONER OF MENTAL
HEALTH AND ANY OTHER STATE AGENCY, DEPARTMENT OR OFFICE, AND MAY REQUEST
AND RECEIVE ASSISTANCE FROM THEM. THE COMMISSIONER IS ALSO AUTHORIZED TO
DEVELOP MORE THAN ONE CURRICULUM AND COURSE CONTENT FOR SUCH PROGRAM IN
ORDER TO MEET THE VARYING REHABILITATIVE NEEDS OF PARTICIPANTS.
(C) WHERE AVAILABLE. A COURSE IN SUCH PROGRAM SHALL BE AVAILABLE IN AT
LEAST EVERY COUNTY IN THE STATE, EXCEPT WHERE THE COMMISSIONER DETER-
MINES THAT THERE IS NOT A SUFFICIENT NUMBER OF ALCOHOL OR DRUG-RELATED
TRAFFIC OFFENSES IN A COUNTY TO MANDATE THE ESTABLISHMENT OF SAID
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15457-02-2
A. 10078 2
COURSE; AND PROVIDED THAT PROVISIONS BE MADE FOR THE RESIDENTS OF SAID
COUNTY TO ATTEND A COURSE IN ANOTHER COUNTY WHERE A COURSE EXISTS.
(D) ELIGIBILITY. PARTICIPATION IN THE PROGRAM SHALL BE LIMITED TO
THOSE PERSONS WHO HAVE BEEN: CONVICTED OF ALCOHOL OR DRUG-RELATED TRAF-
FIC OFFENSES; ADJUDICATED YOUTHFUL OFFENDERS FOR ALCOHOL OR DRUG-RELATED
TRAFFIC OFFENSES; OR FOUND TO HAVE BEEN OPERATING A MOTOR VEHICLE AFTER
HAVING CONSUMED ALCOHOL, IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-
TWO-A OF THE VEHICLE AND TRAFFIC LAW, CHOOSE TO PARTICIPATE, AND MEET
THE REQUIREMENTS FOR PARTICIPATION ESTABLISHED BY THIS SECTION AND THE
REGULATIONS PROMULGATED THEREUNDER; PROVIDED, HOWEVER, THE JUDGE IMPOS-
ING SENTENCE MAY PROHIBIT THE DEFENDANT FROM ENROLLING IN SUCH PROGRAM.
THE COMMISSIONER MAY ALSO EXERCISE DISCRETION BY REJECTING ANY PERSON
FROM PARTICIPATION REFERRED TO SUCH PROGRAM AND NOTHING HEREIN CONTAINED
SHALL BE CONSTRUED AS CREATING A RIGHT TO BE INCLUDED IN ANY COURSE OR
PROGRAM ESTABLISHED UNDER THIS SECTION. IN ADDITION, NO PERSON SHALL BE
PERMITTED TO TAKE PART IN SUCH PROGRAM IF, DURING THE FIVE YEARS IMME-
DIATELY PRECEDING COMMISSION OF AN ALCOHOL OR DRUG-RELATED TRAFFIC
OFFENSE OR A FINDING OF A VIOLATION OF SECTION ELEVEN HUNDRED
NINETY-TWO-A OF THE VEHICLE AND TRAFFIC LAW, SUCH PERSON HAS PARTIC-
IPATED IN A PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE OR BEEN
CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW OTHER THAN A VIOLATION COMMIT-
TED PRIOR TO NOVEMBER FIRST, NINETEEN HUNDRED EIGHTY-EIGHT, FOR WHICH
SUCH PERSON DID NOT PARTICIPATE IN SUCH PROGRAM. IN THE EXERCISE OF
DISCRETION, THE COMMISSIONER SHALL HAVE THE RIGHT TO EXPEL ANY PARTIC-
IPANT FROM THE PROGRAM WHO FAILS TO SATISFY THE REQUIREMENTS FOR PARTIC-
IPATION IN SUCH PROGRAM OR WHO FAILS TO SATISFACTORILY PARTICIPATE IN OR
ATTEND ANY ASPECT OF SUCH PROGRAM. NOTWITHSTANDING ANY CONTRARY
PROVISIONS OF THE VEHICLE AND TRAFFIC LAW, SATISFACTORY PARTICIPATION IN
AND COMPLETION OF A COURSE IN SUCH PROGRAM SHALL RESULT IN THE TERMI-
NATION OF ANY SENTENCE OF IMPRISONMENT THAT MAY HAVE BEEN IMPOSED BY
REASON OF A CONVICTION THEREFOR; PROVIDED, HOWEVER, THAT NOTHING
CONTAINED IN THIS SECTION SHALL DELAY THE COMMENCEMENT OF SUCH SENTENCE.
(E) EFFECT OF COMPLETION. EXCEPT AS PROVIDED IN SUBPARAGRAPH NINE OF
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE
OR IN SUBPARAGRAPH THREE OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION
ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, UPON SUCCESS-
FUL COMPLETION OF A COURSE IN SUCH PROGRAM AS CERTIFIED BY ITS ADMINIS-
TRATOR, A PARTICIPANT MAY APPLY TO THE COMMISSIONER OF MOTOR VEHICLES,
ON A FORM PROVIDED FOR THAT PURPOSE, FOR THE TERMINATION OF THE SUSPEN-
SION OR REVOCATION ORDER ISSUED AS A RESULT OF THE PARTICIPANT'S
CONVICTION THAT CAUSED THE PARTICIPATION IN SUCH COURSE. IN THE EXERCISE
OF DISCRETION, UPON RECEIPT OF SUCH APPLICATION, AND UPON PAYMENT OF ANY
CIVIL PENALTIES FOR WHICH THE APPLICANT MAY BE LIABLE, THE COMMISSIONER
OF MOTOR VEHICLES IS AUTHORIZED TO TERMINATE SUCH ORDER OR ORDERS AND
RETURN THE PARTICIPANT'S LICENSE, OR REINSTATE THE PRIVILEGE OF OPERAT-
ING A MOTOR VEHICLE IN THIS STATE. HOWEVER, THE COMMISSIONER OF MOTOR
VEHICLES SHALL NOT ISSUE ANY NEW LICENSE NOR RESTORE ANY LICENSE WHERE
SAID ISSUANCE OR RESTORAL IS PROHIBITED BY SUBDIVISION TWO OF SECTION
ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW.
(F) FEES. THE COMMISSIONER SHALL ESTABLISH A SCHEDULE OF FEES TO BE
PAID BY OR ON BEHALF OF EACH PARTICIPANT IN THE PROGRAM, AND MAY, FROM
TIME TO TIME, MODIFY SAME. SUCH FEES SHALL DEFRAY THE ONGOING EXPENSES
OF THE PROGRAM. PROVIDED, HOWEVER, THAT PURSUANT TO AN AGREEMENT WITH
THE OFFICE A MUNICIPALITY, DEPARTMENT THEREOF, OR OTHER AGENCY MAY
CONDUCT A COURSE IN SUCH PROGRAM WITH ALL OR PART OF THE EXPENSE OF SUCH
A. 10078 3
COURSE AND PROGRAM BEING BORNE BY SUCH MUNICIPALITY, DEPARTMENT OR AGEN-
CY. IN NO EVENT SHALL SUCH FEE BE REFUNDABLE, EITHER FOR REASONS OF THE
PARTICIPANT'S WITHDRAWAL OR EXPULSION FROM SUCH PROGRAM OR OTHERWISE.
(G) CONDITIONAL LICENSE. (1) NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF THE VEHICLE AND TRAFFIC LAW, PARTICIPANTS IN THE PROGRAM,
EXCEPT THOSE PENALIZED UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW FOR ANY
VIOLATION OF SUBDIVISION TWO, THREE, OR FOUR OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, MAY, AT THE DISCRETION OF THE
COMMISSIONER OF MOTOR VEHICLES, BE ISSUED A CONDITIONAL DRIVER'S
LICENSE; OR IF THE HOLDER OF A LICENSE ISSUED BY ANOTHER JURISDICTION
VALID FOR OPERATION IN THIS STATE, A CONDITIONAL PRIVILEGE OF OPERATING
A MOTOR VEHICLE IN THIS STATE. SUCH A CONDITIONAL LICENSE OR PRIVILEGE
SHALL BE VALID ONLY FOR USE BY THE HOLDER THEREOF: (I) ENROUTE TO AND
FROM THE HOLDER'S PLACE OF EMPLOYMENT; (II) IF THE HOLDER'S EMPLOYMENT
REQUIRES THE OPERATION OF A MOTOR VEHICLE THEN DURING THE HOURS THEREOF;
(III) ENROUTE TO AND FROM A CLASS OR AN ACTIVITY THAT IS AN AUTHORIZED
PART OF THE ALCOHOL AND DRUG REHABILITATION PROGRAM AND AT WHICH HIS OR
HER ATTENDANCE IS REQUIRED; (IV) ENROUTE TO AND FROM A CLASS OR COURSE
AT AN ACCREDITED SCHOOL, COLLEGE OR UNIVERSITY OR AT A STATE APPROVED
INSTITUTION OF VOCATIONAL OR TECHNICAL TRAINING; (V) TO OR FROM COURT
ORDERED PROBATION ACTIVITIES; (VI) TO AND FROM A MOTOR VEHICLE OFFICE
FOR THE TRANSACTION OF BUSINESS RELATING TO SUCH LICENSE OR PROGRAM;
(VII) FOR A THREE HOUR CONSECUTIVE DAYTIME PERIOD, CHOSEN BY THE ADMIN-
ISTRATORS OF THE PROGRAM, ON A DAY DURING WHICH THE PARTICIPANT IS NOT
ENGAGED IN USUAL EMPLOYMENT OR VOCATION; (VIII) ENROUTE TO AND FROM A
MEDICAL EXAMINATION OR TREATMENT AS PART OF A NECESSARY MEDICAL TREAT-
MENT FOR SUCH PARTICIPANT OR MEMBER OF THE PARTICIPANT'S HOUSEHOLD, AS
EVIDENCED BY A WRITTEN STATEMENT TO THAT EFFECT FROM A LICENSED MEDICAL
PRACTITIONER; AND (IX) ENROUTE TO AND FROM A PLACE, INCLUDING A SCHOOL,
AT WHICH A CHILD OR CHILDREN OF THE HOLDER ARE CARED FOR ON A REGULAR
BASIS AND WHICH IS NECESSARY FOR THE HOLDER TO MAINTAIN SUCH HOLDER'S
EMPLOYMENT OR ENROLLMENT AT AN ACCREDITED SCHOOL, COLLEGE OR UNIVERSITY
OR AT A STATE APPROVED INSTITUTION OF VOCATIONAL OR TECHNICAL TRAINING.
SUCH LICENSE OR PRIVILEGE SHALL REMAIN IN EFFECT DURING THE TERM OF THE
SUSPENSION OR REVOCATION OF THE PARTICIPANT'S LICENSE OR PRIVILEGE
UNLESS EARLIER REVOKED BY THE COMMISSIONER OF MOTOR VEHICLES.
(2) THE CONDITIONAL LICENSE OR PRIVILEGE DESCRIBED IN PARAGRAPH ONE OF
THIS SUBDIVISION SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER OF
MOTOR VEHICLES, AND SHALL HAVE INDICATED THEREIN THE CONDITIONS IMPOSED
BY SUCH PARAGRAPH.
(3) UPON RECEIPT OF A CONDITIONAL LICENSE ISSUED PURSUANT TO THIS
SECTION, ANY ORDER ISSUED BY A JUDGE, JUSTICE OR MAGISTRATE PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE
OF THE VEHICLE AND TRAFFIC LAW SHALL BE SURRENDERED TO THE DEPARTMENT OF
MOTOR VEHICLES.
(4) THE COMMISSIONER OF MOTOR VEHICLES SHALL REQUIRE APPLICANTS FOR A
CONDITIONAL LICENSE TO PAY A FEE OF SEVENTY-FIVE DOLLARS FOR PROCESSING
COSTS. SUCH FEES ASSESSED UNDER THIS SUBDIVISION SHALL BE PAID TO THE
COMMISSIONER FOR DEPOSIT TO THE GENERAL FUND AND SHALL BE IN ADDITION TO
ANY FEES ESTABLISHED BY THE COMMISSIONER PURSUANT TO PARAGRAPH SIX OF
THIS SUBDIVISION TO DEFRAY THE COSTS OF THE ALCOHOL AND DRUG REHABILI-
TATION PROGRAM.
(5) THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN THIS SUBDIVI-
SION MAY BE REVOKED BY THE COMMISSIONER OF MOTOR VEHICLES, FOR SUFFI-
CIENT CAUSE INCLUDING, BUT NOT LIMITED TO, FAILURE TO REGISTER IN THE
A. 10078 4
PROGRAM, FAILURE TO ATTEND OR SATISFACTORILY PARTICIPATE IN THE
SESSIONS, CONVICTION OF ANY TRAFFIC INFRACTION OTHER THAN ONE INVOLVING
PARKING, STOPPING OR STANDING OR CONVICTION OF ANY ALCOHOL OR DRUG-RE-
LATED TRAFFIC OFFENSE, MISDEMEANOR OR FELONY. IN ADDITION, THE COMMIS-
SIONER OF MOTOR VEHICLES SHALL HAVE THE RIGHT, AFTER A HEARING, TO
REVOKE THE CONDITIONAL LICENSE OR PRIVILEGE UPON RECEIVING NOTIFICATION
OR EVIDENCE THAT THE OFFENDER IS NOT ATTEMPTING IN GOOD FAITH TO ACCEPT
REHABILITATION. IN THE EVENT OF SUCH REVOCATION, THE FEE DESCRIBED IN
PARAGRAPH SIX OF THIS SUBDIVISION SHALL NOT BE REFUNDED.
(6) IT SHALL BE A TRAFFIC INFRACTION FOR THE HOLDER OF A CONDITIONAL
LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
FOR ANY USE OTHER THAN THOSE AUTHORIZED PURSUANT TO PARAGRAPH ONE OF
THIS SUBDIVISION. WHEN A PERSON IS CONVICTED OF THIS OFFENSE, THE
SENTENCE OF THE COURT MUST BE A FINE OF NOT LESS THAN TWO HUNDRED
DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS OR A TERM OF IMPRISONMENT OF
NOT MORE THAN FIFTEEN DAYS OR BOTH SUCH FINE AND IMPRISONMENT. ADDI-
TIONALLY, THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN THIS SUBDI-
VISION SHALL BE REVOKED BY THE COMMISSIONER OF MOTOR VEHICLES UPON
RECEIVING NOTIFICATION FROM THE COURT THAT THE HOLDER THEREOF HAS BEEN
CONVICTED OF THIS OFFENSE.
(8) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN A CERTIF-
ICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
ISSUED PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW, ANY
CONDITIONAL LICENSE OR PRIVILEGE ISSUED TO A PERSON CONVICTED OF A
VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE AND TRAFFIC LAW SHALL NOT BE VALID FOR THE OPERATION OF ANY
COMMERCIAL MOTOR VEHICLE. IN ADDITION, NO SUCH CONDITIONAL LICENSE OR
PRIVILEGE SHALL BE VALID FOR THE OPERATION OF A TAXICAB AS DEFINED IN
THE VEHICLE AND TRAFFIC LAW.
(9) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE VEHICLE AND
TRAFFIC LAW, THE CONDITIONAL LICENSE DESCRIBED IN THIS SUBDIVISION MAY,
PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER OF MOTOR VEHI-
CLES, BE ISSUED TO A PERSON WHOSE LICENSE HAS BEEN SUSPENDED PENDING
PROSECUTION PURSUANT TO SUBPARAGRAPH SEVEN OF PARAGRAPH (E) OF SUBDIVI-
SION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE AND TRAF-
FIC LAW.
S 2. Section 1196 of the vehicle and traffic law is REPEALED.
S 3. Notwithstanding any other provision of law to the contrary, the
department of motor vehicles is hereby authorized to transfer the alco-
hol and drug rehabilitation program established pursuant to section 1196
of the vehicle and traffic law to the office of alcoholism and substance
abuse services. Oversight and responsibility for the operation of such
program shall be assumed by such office and any regulations necessary
for the continued operation and oversight of the program shall be
promulgated by the commissioner of alcoholism and substance abuse
services in consultation with the commissioner of motor vehicles.
S 4. Any rules or regulations promulgated by the commissioner of motor
vehicles pursuant to the provisions of section 1196 of the vehicle and
traffic law shall survive the repeal of such section pursuant to section
two of this act, and shall be applicable to section 19.26 of the mental
hygiene law, as added by section one of this act.
S 5. This act shall take effect immediately; provided, however, that
absent explicit language expressly and unequivocally stating a legisla-
tive intent to the contrary, all provisions of this act are irrefutably
presumed to operate in a wholly prospective manner. Provisions shall be
considered to operate retroactively, and therefore in violation of this
A. 10078 5
section, if applied in such a manner as to alter, change, affect, impair
or defeat any rights, obligations, duties or interests accrued, incurred
or conferred prior to the effective date of this act. Furthermore, the
provisions of this act shall neither apply to, nor be applied based upon
the occasion of, acts occurring prior to the effective date thereof.