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SIONER SHALL CONTRACT WITH A SOFTWARE SOLUTION AND NETWORK INFRASTRUC-
TURE PROVIDER. SUCH SOFTWARE SOLUTION AND NETWORK INFRASTRUCTURE PROVID-
ER SHALL BE INCORPORATED AND LOCATED WITHIN THE STATE, HAVE CONDUCTED
BUSINESS WITH THE STATE FOR A PERIOD OF NOT LESS THAN TEN YEARS, OFFER
COURSE CONTENT AS PART OF THEIR SERVICES, AND USE BIOMETRIC TECHNOLOGIES
TO GUARANTEE SECURITY. THE COMMISSIONER SHALL IMPLEMENT A SYSTEM THAT
ALLOWS AN ON-LINE PARTICIPANT TO VERIFY HIS OR HER IDENTITY AND ENSURES
THAT SUCH STUDENT'S IDENTITY AND ON-LINE TRANSACTION IS SECURE. THE
COMMISSIONER SHALL ENDEAVOR TO CONTRACT SOFTWARE SOLUTION AND NETWORK
INFRASTRUCTURE PROVIDERS CERTIFIED UNDER ARTICLE FIFTEEN-A OF THE EXECU-
TIVE LAW.
S 399-C. COURSE CONTENT. THE COMMISSIONER SHALL CONTRACT WITH A TECH-
NOLOGY CONTRACTOR WHO IS WELL-KNOWN IN THE COMMUNITY AND SPECIALIZES IN
TRAFFIC SAFETY CURRICULUM DEVELOPMENT TO DEVELOP A CURRICULUM FOR THE
DRIVER SAFETY COURSE IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE. THIS CURRICULUM SHALL CONTAIN INSTRUCTION ON DRIVER ATTITUDE,
COLLISION AWARENESS, THE PROPER USE OF AUTOMOBILE SAFETY DEVICES, DEFEN-
SIVE DRIVING, DRUG AND ALCOHOL IMPAIRMENT, SAFE USE OF AUTOMOBILE TECH-
NOLOGY, SCHOOL AND WORK ZONE SAFETY, TOLL PLAZA SAFETY, DRIVING WHILE
DROWSY, DRIVER DISTRACTIONS, ROAD RAGE, SCHOOL BUS SAFETY, AND SUCH
OTHER SUBJECTS AS THE COMMISSIONER MAY PRESCRIBE. THIS CURRICULUM SHALL
BE REVIEWED AND UPDATED ANNUALLY.
S 399-D. FEES. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON
EACH STUDENT WHO ENROLLS IN THE DRIVER SAFETY COURSE WHICH SHALL NOT
EXCEED ONE HUNDRED DOLLARS. THE PROCEEDS FROM SUCH FEE SHALL BE DEPOSIT-
ED IN THE DRIVER SAFETY COURSE FUND AS ESTABLISHED BY SECTION
EIGHTY-NINE-G OF THE STATE FINANCE LAW.
S 399-E. ADVERTISING. THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE SHALL
DEVELOP AND IMPLEMENT A PROGRAM TO ACTIVELY MARKET AND PROMOTE THE DRIV-
ER SAFETY COURSE TO THE GENERAL PUBLIC.
S 399-F. REPORT BY COMMISSIONER. THE COMMISSIONER SHALL REPORT ANNUAL-
LY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAK-
ER OF THE ASSEMBLY THE NUMBER OF STUDENTS TAKING THE COURSE, AMOUNT OF
REVENUE RECEIVED, THE LOCATION OF STUDENTS BY COUNTY, AND WHETHER THE
COURSE IS TAKEN FOR PRE-LICENSING, INSURANCE, OR POINT REDUCTION
PURPOSES.
S 399-G. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND
REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
CLE.
S 2. Subdivision 4 of section 502 of the vehicle and traffic law is
REPEALED and a new subdivision 4 is added to read as follows:
4. EXAMINATIONS. (A) UPON SUBMISSION OF AN APPLICATION FOR A DRIVER'S
LICENSE, THE APPLICANT SHALL BE REQUIRED (I) TO TAKE AND PASS A TEST
RELATING TO TRAFFIC LAWS, AND SUCH OTHER TRAFFIC RELATED MATTERS THAT
THE COMMISSIONER MAY PRESCRIBE, (II) TO TAKE AND PASS A BEHIND THE WHEEL
EXAMINATION, AND (III) TO SATISFACTORILY COMPLETE THE DRIVER SAFETY
COURSE UNDER ARTICLE TWELVE-B OF THIS CHAPTER.
(B) THE COMMISSIONER SHALL CAUSE THE APPLICANT TO TAKE A VISION TEST
AND A TEST FOR COLOR BLINDNESS. UPON PASSAGE OF THE VISION TEST, THE
APPLICATION MAY BE ACCEPTED AND THE APPLICATION FEE SHALL BE PAYABLE.
(C) THE COMMISSIONER SHALL MAKE AVAILABLE TO EACH APPLICANT FOR A
COMMERCIAL DRIVER'S LICENSE INSTRUCTIONAL HANDBOOKS OUTLINING THE
REQUIREMENTS NECESSARY TO QUALIFY FOR SUCH A LICENSE, AND CONTAINING A
DISCUSSION OF THE OFFENSES WHICH WILL RESULT IN DISQUALIFICATION FROM
OPERATING A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION FIVE HUNDRED
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ONE-A OF THIS ARTICLE. SUCH HANDBOOKS SHALL BE AVAILABLE IN LANGUAGES AS
THE COMMISSIONER MAY PRESCRIBE.
(D) THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR PASSAGE OF A TEST
UNDER SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, FOR THOSE
APPLICANTS WHO HOLD A VALID OR RENEWABLE DRIVER'S LICENSE ISSUED BY
ANOTHER JURISDICTION OR THE UNITED STATES GOVERNMENT.
(E) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ESTABLISH-
ING ELIGIBILITY STANDARDS FOR THE TAKING AND PASSING OF KNOWLEDGE TESTS
IN OTHER THAN WRITTEN FORM.
S 3. Section 89-g of the state finance law is REPEALED and a new
section 89-g is added to read as follows:
S 89-G. DRIVER SAFETY COURSE FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DRIVER SAFETY COURSE
FUND".
2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE DEPARTMENT OF
MOTOR VEHICLES PURSUANT TO THE PROVISIONS OF ARTICLE TWELVE-B OF THE
VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. THE MONEYS IN THE DRIVER SAFETY COURSE FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER.
4. THE MONEYS IN THE DRIVER SAFETY COURSE FUND SHALL BE ANNUALLY
DISTRIBUTED AS FOLLOWS: NOT MORE THAN THIRTY PERCENT OF THE MONEYS IN
SUCH FUND SHALL BE EXPENDED BY THE DEPARTMENT OF MOTOR VEHICLES FOR THE
PURPOSES OF ADMINISTERING AND IMPLEMENTING THE PROVISIONS OF ARTICLE
TWELVE-B OF THE VEHICLE AND TRAFFIC LAW; NOT MORE THAN THIRTY PERCENT OF
THE MONEYS IN SUCH FUND SHALL BE TRANSFERRED TO THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND; NOT MORE THAN FIFTEEN PERCENT OF THE MONEYS IN
SUCH FUND SHALL BE EXPENDED FOR THE ADMINISTRATION OF DEPARTMENT OF
MOTOR VEHICLE REGIONAL OFFICES LOCATED IN THE CITY OF ALBANY, CITY OF
ROCHESTER, TOWN OF OYSTER BAY, TOWN OF BETHPAGE, CITY OF SYRACUSE,
VILLAGE OF NORTH SYRACUSE, VILLAGE OF WEST HAVERSTRAW, VILLAGE OF AMITY-
VILLE, TOWN OF ISLIP, TOWN OF HUNTINGTON, TOWN OF BROOKHAVEN, TOWN OF
RIVERHEAD, CITY OF PEEKSKILL, CITY OF WHITE PLAINS, AND CITY OF YONKERS,
PROVIDED HOWEVER, IN THE EVENT THAT ANY OF THE AFOREMENTIONED OFFICES
HAS CLOSED, RELOCATED, OR EXPERIENCED A SIGNIFICANT REDUCTION OF ACTIV-
ITIES, NO MONEYS SHALL BE EXPENDED FOR THE PURPOSE OF ADMINISTRATION OF
ANY REGIONAL OFFICE UNDER THIS SECTION; NOT MORE THAN FIVE PERCENT OR
FIVE MILLION DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND
SHALL BE EXPENDED BY THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE FOR ADVER-
TISING AND CURRICULUM DEVELOPMENT OF THE DRIVER SAFETY PROGRAM; NOT MORE
THAN FIVE PERCENT OR FIVE MILLION DOLLARS, WHICHEVER IS LESS, OF THE
MONEYS IN SUCH FUND SHALL BE EXPENDED BY THE DEPARTMENT OF TRANSPORTA-
TION FOR CULVERT MAINTENANCE; NOT MORE THAN FIVE PERCENT OR FIVE MILLION
DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND SHALL BE EXPENDED
BY THE DEPARTMENT OF TRANSPORTATION AND THE DIVISION OF STATE POLICE FOR
WORK AND SCHOOL ZONE SAFETY PROGRAMS; NOT MORE THAN FIVE PERCENT OR FIVE
MILLION DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN SUCH FUND SHALL BE
EXPENDED BY NON METROPOLITAN TRANSPORTATION AUTHORITY PUBLIC TRANSPORTA-
TION AUTHORITIES FOR THE PARA TRANSIT OPERATIONS; AND NOT MORE THAN FIVE
PERCENT OR FIVE MILLION DOLLARS, WHICHEVER IS LESS, OF THE MONEYS IN
SUCH FUND SHALL BE EXPENDED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
FOR HANDICAPPED ACCESSIBLE EQUIPMENT.
S 4. 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. 3764 4
(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 [acci-
dent prevention] DRIVER SAFETY course, known as the national safety
council's defensive driving course, or any driver improvement course
approved by the department of motor vehicles as being equivalent to the
national safety council'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 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
attendance at a program pursuant to article twenty-one of the vehicle
and traffic law as a result of any traffic infraction.
S 5. Section 301-c of the military law, as added by chapter 489 of
the laws of 2011, is amended to read as follows:
S 301-c. [Accident prevention] DRIVER SAFETY course information. The
division of military and naval affairs shall provide returning service-
men and women who have returned from a combat theater or combat zone of
operations with information about [accident prevention] DRIVER SAFETY
courses approved by the commissioner of motor vehicles pursuant to arti-
cle twelve-B of the vehicle and traffic law. This information may be
provided in written form to be available at Yellow Ribbon Reintegration
programs or any other reintegration programs offered by the division or
may be made available online on the division's website. The division
shall also provide a link to the department of motor vehicles website
pages containing information about the [accident prevention] DRIVER
SAFETY courses.
S 6. Subdivision 20 of section 353 of the executive law, as added by
chapter 489 of the laws of 2011, is amended to read as follows:
20. To make available information on [accident prevention] DRIVER
SAFETY courses approved by the commissioner of motor vehicles online on
the division's website. The division shall provide a link to the depart-
ment of motor vehicles website pages containing information on the
[accident prevention] DRIVER SAFETY courses.
S 7. Paragraph (e) of 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, is amended to read as follows:
(e) Any completion of a motor vehicle [accident prevention] DRIVER
SAFETY course approved pursuant to article twelve-B of this chapter
shall not serve to reduce the calculation of points on a person's driv-
ing record for the purposes of this section.
S 8. Subdivision 3 of section 509-bb of the vehicle and traffic law,
as added by chapter 599 of the laws of 1993, is amended to read as
follows:
(3) For purposes of this section, one such accident shall not be
counted if the person successfully completes a motor vehicle [accident
prevention] DRIVER SAFETY course approved by the commissioner.
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S 9. Paragraphs (d) and (f) of subdivision 1 of section 509-c of the
vehicle and traffic law, paragraph (d) as amended and paragraph (f) as
added by chapter 599 of the laws of 1993, are amended to read as
follows:
(d) for a period of one year, if that person has accumulated nine or
more points on his or her driving record for acts that occurred during
an eighteen month period on or after September fifteenth, nineteen
hundred eighty-five, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle [accident prevention] DRIV-
ER SAFETY course.
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle [accident prevention] DRIVER SAFETY course
approved by the commissioner and to then undergo a second road test
administered pursuant to section five hundred nine-bb of this article,
and such disqualification shall cease if such person passes such second
road test.
S 10. Paragraphs (d) and (f) of subdivision 2 of section 509-c of the
vehicle and traffic law, paragraph (d) as amended and paragraph (f) as
added by chapter 599 of the laws of 1993, are amended to read as
follows:
(d) for a period of one year, if that person accumulates nine or more
points on his or her driving record for acts occurring during an eigh-
teen month period, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle [accident prevention] DRIV-
ER SAFETY course.
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle [accident prevention] DRIVER SAFETY course
approved by the commissioner and to then undergo a second road test
administered pursuant to section five hundred nine-bb of this article,
and such disqualification shall cease if such person passes such second
road test.
S 11. Paragraphs (d) and (f) of subdivision 1 of section 509-cc of the
vehicle and traffic law, paragraph (d) as amended and paragraph (f) as
added by chapter 599 of the laws of 1993, are amended to read as
follows:
(d) for a period of one year, if that person has accumulated nine or
more points on his or her driving record for acts that occurred during
an eighteen month period on or after September fifteenth, nineteen
hundred eighty-five, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle [accident prevention] DRIV-
ER SAFETY course.
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle [accident prevention] DRIVER SAFETY course
approved by the commissioner and to then undergo a second road test
administered pursuant to section five hundred nine-bb of this article,
and such disqualification shall cease if such person passes such second
road test.
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S 12. Paragraphs (e) and (g) of subdivision 2 of section 509-cc of the
vehicle and traffic law, paragraph (e) as amended and paragraph (g) as
added by chapter 599 of the laws of 1993, are amended to read as
follows:
(e) for a period of one year, if that person accumulates nine or more
points on his or her driving record for acts occurring during an eigh-
teen month period, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle [accident prevention] DRIV-
ER SAFETY course.
(g) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle [accident prevention] DRIVER SAFETY course
approved by the commissioner and to then undergo a second road test
administered pursuant to section five hundred nine-bb of this article,
and such disqualification shall cease if such person passes such second
road test.
S 13. Paragraph 1 of subdivision (c) of section 1146 of the vehicle
and traffic law, as amended by chapter 333 of the laws of 2010, is
amended to read as follows:
1. A driver of a motor vehicle who causes serious physical injury as
defined in article ten of the penal law to a pedestrian or bicyclist
while failing to exercise due care in violation of subdivision (a) of
this section, shall be guilty of a traffic infraction punishable by a
fine of not more than seven hundred fifty dollars or by imprisonment for
not more than fifteen days or by required participation in a motor vehi-
cle [accident prevention] DRIVER SAFETY course pursuant to paragraph
(e-1) of subdivision two of section 65.10 of the penal law or by any
combination of such fine, imprisonment or course, and by suspension of a
license or registration pursuant to subparagraph (xiv) or (xv) of para-
graph b of subdivision two of section five hundred ten of this chapter.
S 14. Subdivision 18-h of section 100 of the economic development law,
as added by chapter 489 of the laws of 2011, is amended to read as
follows:
18-h. to include in the "NY-USA Proud" program those companies who
provide [accident prevention] DRIVER SAFETY courses approved by the
commissioner of motor vehicles at a reduced rate to the servicemen and
women who have returned from a combat theater or combat zone of oper-
ations.
S 15. Paragraph (e-1) of subdivision 2 of section 65.10 of the penal
law, as added by chapter 571 of the laws of 2006, is amended to read as
follows:
(e-1) Participate in a motor vehicle [accident prevention] DRIVER
SAFETY course. The court may require such condition where a person has
been convicted of a traffic infraction for a violation of article twen-
ty-six of the vehicle and traffic law where the commission of such
violation caused the serious physical injury or death of another person.
For purposes of this paragraph, the term "motor vehicle [accident
prevention] DRIVER SAFETY course" shall mean a motor vehicle [accident
prevention] DRIVER SAFETY course approved by the department of motor
vehicles pursuant to article twelve-B of the vehicle and traffic law;
S 16. This act shall take effect September 1, 2013.