S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4982
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, the education law and the
   insurance law, in relation to requiring a uniform curriculum for acci-
   dent prevention courses; to repeal certain provisions of  the  vehicle
   and  traffic  law  relating  thereto;  and providing for the repeal of
   certain provisions of the vehicle  and  traffic  law  upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Davina's driver accountability law".
   § 2. Section 399-c of the vehicle and traffic law, as added by chapter
 290 of the laws of 1998, is amended to read as follows:
   §  399-c.  Approval  by  the  commissioner.  1.  The commissioner must
 approve an accident prevention course before any  person  attending  and
 successfully  completing  such  course  may qualify to receive mandatory
 insurance reduction  benefits  in  accordance  with  subsection  (a)  of
 section  two thousand three hundred thirty-six of the insurance law. The
 commissioner shall base the  decision  to  approve  a  course  upon  the
 requirements  set  forth in this article and any additional requirements
 as the commissioner deems necessary.
   2. (A) (I) NOTWITHSTANDING ANY CONTRARY PROVISION OF  SUBDIVISION  ONE
 OF  THIS  SECTION,  THE COMMISSIONER SHALL, NO LATER THAN ONE YEAR AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION, ESTABLISH A UNIFORM AND  COMPRE-
 HENSIVE  ACCIDENT PREVENTION COURSE CURRICULUM FOR USE BY ALL SPONSORING
 AGENCIES, DELIVERY AGENCIES AND INSTRUCTORS IN THE STATE.
   (II) SUCH UNIFORM CURRICULUM SHALL INCLUDE  THE  LATEST  SAFETY  TECH-
 NIQUES  AND  INSTRUCTIONAL  MATERIALS,  AND,  IN ADDITION TO ANY AND ALL
 INSTRUCTION REQUIRED FOR COMPLETION OF  THE  NATIONAL  SAFETY  COUNCIL'S
 DEFENSIVE  DRIVING COURSE, SHALL INCLUDE INTENSIVE AND RIGOROUS INSTRUC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08703-02-3
              

 A. 4982                             2
 
 TION IN ALL RELEVANT PROVISIONS OF TITLE SEVEN OF THIS CHAPTER AND  SUCH
 OTHER  SUBJECT MATTER AS THE COMMISSIONER SHALL DEEM NECESSARY TO ENSURE
 THAT SUCH COURSE IS EFFECTIVE IN INCREASING DRIVER SAFETY AND PREVENTING
 AND/OR REDUCING MOTOR VEHICLE ACCIDENTS.
   (III)  SUCH  UNIFORM  CURRICULUM  SHALL REQUIRE AT LEAST THREE HUNDRED
 TWENTY MINUTES OF  INSTRUCTION  WITH  A  CERTIFIED  INSTRUCTOR  PRESENT;
 PROVIDED,  HOWEVER,  THAT  SUCH REQUIREMENT SHALL NOT BE APPLICABLE TO A
 PROGRAM APPROVED PURSUANT TO RULE OR REGULATION AUTHORIZING THE DELIVERY
 OF COURSES BY INTERNET OR  OTHER  REMOTE  TECHNOLOGY.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  PREVENT  THE USE OF AUDIO/VISUAL AIDS AS PART OF THE
 COURSE PRESENTATION.
   (B) BEGINNING NINETY DAYS AFTER THE INITIAL  ADOPTION  OF  THE  COURSE
 CURRICULUM  PURSUANT TO THIS SUBDIVISION AND THEREAFTER, NO PERSON SHALL
 QUALIFY TO RECEIVE MANDATORY INSURANCE REDUCTION BENEFITS IN  ACCORDANCE
 WITH  SUBSECTION (A) OF SECTION TWO THOUSAND THREE HUNDRED THIRTY-SIX OF
 THE INSURANCE LAW UNLESS SUCH PERSON SHALL HAVE ATTENDED AND SUCCESSFUL-
 LY COMPLETED THE ACCIDENT PREVENTION COURSE  APPROVED  PURSUANT  TO  THE
 PROVISIONS OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT THE COMMISSIONER
 MAY, IN COOPERATION WITH THE COMMISSIONER OF EDUCATION, PROMULGATE RULES
 OR  REGULATIONS  AUTHORIZING  THE  ADMINISTRATION  AND COMPLETION OF THE
 COURSE REMOTELY USING THE INTERNET OR OTHER AVAILABLE TECHNOLOGY.
   § 3. Section 399-c of the vehicle and traffic law is  REPEALED  and  a
 new section 399-c is added to read as follows:
   § 399-C. UNIFORM COURSE CURRICULUM; ESTABLISHMENT. 1. THE COMMISSIONER
 SHALL  ESTABLISH A UNIFORM ACCIDENT PREVENTION COURSE CURRICULUM FOR USE
 BY  ALL  SPONSORING  AGENCIES,  DELIVERY AGENCIES AND INSTRUCTORS IN THE
 STATE AS PROVIDED HEREIN.
   (A) SUCH UNIFORM CURRICULUM SHALL INCLUDE THE LATEST SAFETY TECHNIQUES
 AND INSTRUCTIONAL MATERIALS, AND, IN ADDITION TO ANY AND ALL INSTRUCTION
 REQUIRED FOR COMPLETION OF THE NATIONAL SAFETY COUNCIL'S DEFENSIVE DRIV-
 ING COURSE, SHALL INCLUDE INTENSIVE  AND  RIGOROUS  INSTRUCTION  IN  ALL
 RELEVANT  PROVISIONS  OF  TITLE  SEVEN  OF  THIS  CHAPTER AND SUCH OTHER
 SUBJECT MATTER AS THE COMMISSIONER SHALL DEEM NECESSARY TO  ENSURE  THAT
 SUCH  COURSE IS EFFECTIVE IN INCREASING DRIVER SAFETY AND THE PREVENTION
 AND REDUCTION OF MOTOR VEHICLE ACCIDENTS.
   (B) SUCH UNIFORM CURRICULUM SHALL REQUIRE AT LEAST THREE HUNDRED TWEN-
 TY MINUTES OF INSTRUCTION WITH A CERTIFIED INSTRUCTOR PRESENT; PROVIDED,
 HOWEVER, THAT SUCH REQUIREMENT SHALL NOT  BE  APPLICABLE  TO  A  PROGRAM
 APPROVED  PURSUANT  TO  RULE OR REGULATION PROMULGATED PURSUANT TO PARA-
 GRAPH (D) OF THIS SUBDIVISION AUTHORIZING THE  DELIVERY  OF  COURSES  BY
 INTERNET  OR  OTHER  REMOTE  TECHNOLOGY.  NOTHING  IN THIS SECTION SHALL
 PREVENT THE USE OF AUDIO/VISUAL AIDS AS PART OF THE COURSE  PRESENTATION
 PRESCRIBED BY THE COMMISSIONER.
   (C)  IN ADDITION TO THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, THE COMMISSIONER, IN COOPERATION WITH THE  COMMISSIONER  OF
 EDUCATION, SHALL:
   (I)  ESTABLISH THE MINIMUM QUALIFICATIONS OF ALL MANAGERS AND INSTRUC-
 TORS PARTICIPATING IN THE DELIVERY OF THE COURSE.
   (II) DEVELOP A  UNIFORM  INSTRUCTOR'S  MANUAL  AND  STUDENT  WORKBOOKS
 AND/OR MANUALS FOR USE BY COURSE PARTICIPANTS.
   (III)  DEVELOP  A UNIFORM  COMPLETION CERTIFICATE WHICH IS DESIGNED TO
 PREVENT AND IS CAPABLE OF PREVENTING FRAUD AND FORGERY FOR  THE  PURPOSE
 OF VERIFYING COURSE COMPLETION FOR SUBMISSION TO INSURANCE COMPANIES.
   (D)  THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS AUTHORIZING
 THE ADMINISTRATION AND COMPLETION OF THE COURSE USING  THE  INTERNET  OR
 OTHER  REMOTE  TECHNOLOGY IN COOPERATION WITH THE COMMISSIONER OF EDUCA-
 A. 4982                             3
 
 TION IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION EIGHT HUNDRED SIX-A
 OF THE EDUCATION LAW, PROVIDED THAT ANY SUCH TECHNOLOGY  IS  CAPABLE  OF
 VALIDATING:  STUDENT IDENTITY AT REGISTRATION AND THROUGHOUT THE COURSE;
 PARTICIPATION THROUGHOUT THE COURSE; THAT THE TIME REQUIREMENTS ARE MET;
 AND SUCCESSFUL COMPLETION OF THE COURSE.
   2.  (A) THE COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF EDUCA-
 TION TO ENSURE THAT THE CURRICULUM AND COURSE MATERIALS  ARE  UP-TO-DATE
 AND PROVIDE EFFECTIVE INSTRUCTION TO COURSE PARTICIPANTS AND SHALL REGU-
 LARLY REVIEW AND REVISE SUCH CURRICULUM AS THE COMMISSIONER DEEMS NECES-
 SARY.
   (B)  BEGINNING  TWO YEARS AFTER ADOPTION OF THE INITIAL CURRICULUM AND
 BIENNIALLY THEREAFTER, THE COMMISSIONER, IN COOPERATION WITH THE COMMIS-
 SIONER OF EDUCATION, SHALL RE-EVALUATE SUCH  CURRICULUM  AND  MAKE  SUCH
 REVISIONS AS THE COMMISSIONER DEEMS NECESSARY TO ACCOMPLISH THE PURPOSES
 OF THIS ARTICLE. THE COMMISSIONER SHALL APPROVE SUCH CURRICULUM NO LATER
 THAN  NINETY DAYS FOLLOWING THE BIENNIAL RE-EVALUATION REQUIRED PURSUANT
 TO THIS PARAGRAPH AND SHALL NOTIFY ALL APPROVED SPONSORING  AGENCIES  IN
 ACCORDANCE  WITH  SUCH  RULES  AND REGULATIONS AS THE COMMISSIONER SHALL
 HAVE PROMULGATED FOR SUCH PURPOSE.
   3. NO PERSON SHALL QUALIFY TO RECEIVE  MANDATORY  INSURANCE  REDUCTION
 BENEFITS  PURSUANT  TO  SUBSECTION  (A)  OF  SECTION  TWO THOUSAND THREE
 HUNDRED THIRTY-SIX OF THE INSURANCE LAW UNLESS SUCH  PERSON  SHALL  HAVE
 ATTENDED  AND  SUCCESSFULLY  COMPLETED  THE  UNIFORM ACCIDENT PREVENTION
 COURSE CURRICULUM ESTABLISHED PURSUANT TO THIS SECTION.
   § 4. Section 399-a of the vehicle and traffic law, as added by chapter
 290 of the laws of 1998, is amended to read as follows:
   § 399-a. Statement of purpose. The purposes of  this  article  are  to
 further  highway  safety  by  preserving the quality and efficacy of the
 accident prevention course programs. These purposes will be accomplished
 by establishing strict criteria for initial and continual course  [spon-
 sorship] approval.
   §  5.  Subdivisions  1, 2, 3 and 4 of section 399-b of the vehicle and
 traffic law, as added by chapter 290 of the laws of 1998, are amended to
 read as follows:
   1. "Sponsoring agency" shall mean an organization which [owns a] SPON-
 SORS THE motor  vehicle  accident  prevention  course  approved  by  the
 commissioner  IN  ACCORDANCE WITH SECTION THREE HUNDRED NINETY-NINE-C OF
 THIS ARTICLE.
   2. "Delivery agency" shall mean  an  organization  which  conducts  [a
 sponsoring  agency's]  THE  approved  motor  vehicle accident prevention
 course ON BEHALF OF A SPONSORING AGENCY.
   3. "Instructor" shall mean an individual employed by a delivery agency
 to teach [an] THE approved accident prevention course.
   4. "Accident prevention course" or "course" shall  mean  the  accident
 prevention  course curriculum or specialized course curriculum which has
 been approved by the  commissioner  IN  ACCORDANCE  WITH  SECTION  THREE
 HUNDRED-NINETY-NINE-C OF THIS ARTICLE.
   § 6. Section 399-d of the vehicle and traffic law, as added by chapter
 290 of the laws of 1998, is amended to read as follows:
   §  399-d. Application for approval; SPONSORING AGENCY. 1. An agency or
 organization seeking approval as a  motor  vehicle  accident  prevention
 course  sponsoring  agency shall apply to the commissioner for approval.
 Such applications shall be made in writing and on  forms  prescribed  by
 the commissioner. The application shall include at a minimum: [the title
 or  name  of  the  course,]  the name of the organization submitting the
 application, [proof of course ownership, and] the names and addresses of
 A. 4982                             4
 
 all owners, officers, and directors of the agency or  organization,  and
 such other information or material as the commissioner may prescribe. An
 application shall not be considered to be complete until all information
 and  material  required by this chapter and by regulation of the commis-
 sioner has been submitted.
   2. The commissioner shall either approve or deny  an  application  for
 [course]  approval  AS  A  SPONSORING  AGENCY  no later than ninety days
 following submission of  a  completed  application.  In  the  event  the
 commissioner takes no action on an application after ninety days follow-
 ing  submission  of  a  completed  application, the application shall be
 deemed denied.
   3. THE COMMISSIONER IS AUTHORIZED TO SUSPEND OR REVOKE APPROVAL  OF  A
 SPONSORING AGENCY SHOULD THE COMMISSIONER FIND THAT THE SPONSORING AGEN-
 CY,  ITS  DELIVERY  AGENCY  OR  ITS INSTRUCTORS HAVE BEEN FOUND TO BE IN
 VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
   § 7. Section 399-e of the vehicle and traffic law is REPEALED.
   § 8. Section 399-g of the vehicle and traffic law, as added by chapter
 290 of the laws of 1998, is amended to read as follows:
   § 399-g. Regulations. The commissioner shall promulgate such rules and
 regulations as are necessary to effectuate the provisions of this  arti-
 cle.  In addition to any requirements expressly authorized by this arti-
 cle, such regulations may include but not be limited to requirements and
 standards with respect to: delivery agencies and instructors;  classroom
 facilities;  suspension  or revocation of approval; appeal of suspension
 or revocation; ESTABLISHMENT OF A UNIFORM COURSE CURRICULUM PURSUANT  TO
 SECTION  THREE  HUNDRED  NINETY-NINE-C  OF THIS ARTICLE; course adminis-
 tration and advertising; monitoring  of  courses  and  instructors;  and
 reevaluation  of  course effectiveness pursuant to SECTION THREE HUNDRED
 NINETY-NINE-C AND section three hundred ninety-nine-f of this article.
   § 9. Section 806-a of the education law is amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THE  COMMISSIONER  SHALL ASSIST THE COMMISSIONER OF MOTOR VEHICLES
 WITH THE DEVELOPMENT OF THE UNIFORM ACCIDENT PREVENTION  COURSE  CURRIC-
 ULUM  REQUIRED  PURSUANT  TO  SECTION THREE HUNDRED NINETY-NINE-C OF THE
 VEHICLE AND TRAFFIC LAW, AND EACH  BIENNIAL  RE-EVALUATION  THEREOF,  TO
 ENSURE  THAT  SUCH  CURRICULUM  AND  COURSE MATERIALS ARE UP-TO-DATE AND
 PROVIDE EFFECTIVE INSTRUCTION FOR COURSE PARTICIPANTS.  SUCH  ASSISTANCE
 SHALL INCLUDE, BUT NOT BE LIMITED TO, MAINTAINING CONSISTENCY WITH DRIV-
 ER EDUCATION COURSES ESTABLISHED PURSUANT TO THIS SECTION AND EVALUATION
 OF INSTRUCTION METHODS, INCLUDING REMOTE INSTRUCTION.
   §  10.  Section  305  of  the education law is amended by adding a new
 subdivision 60 to read as follows:
   60. THE COMMISSIONER SHALL COOPERATE WITH THE  COMMISSIONER  OF  MOTOR
 VEHICLES  WITH  THE  DEVELOPMENT  AND  ADOPTION  OF THE UNIFORM ACCIDENT
 PREVENTION COURSE CURRICULUM REQUIRED PURSUANT TO SECTION THREE  HUNDRED
 NINETY-NINE-C OF THE VEHICLE AND TRAFFIC LAW, AND THE BIENNIAL RE-EVALU-
 ATION  THEREOF,  TO ENSURE THAT SUCH CURRICULUM AND COURSE MATERIALS ARE
 UP-TO-DATE AND PROVIDE EFFECTIVE INSTRUCTION FOR COURSE PARTICIPANTS  AS
 PROVIDED  IN  SUBDIVISION  THREE  OF SECTION EIGHT HUNDRED SIX-A OF THIS
 CHAPTER.
   § 11. Paragraph 1 of subsection (a) of section 2336 of  the  insurance
 law,  as  amended  by  section  3  of  chapter 4 of the laws of 2021, is
 amended to read as follows:
   (1) Any schedule of rates or rating plan for motor  vehicle  liability
 and  collision  insurance  submitted to the superintendent shall provide
 for an actuarially appropriate reduction  in  premium  charges  for  any
 A. 4982                             5
 
 insured  for  a  three year period after successfully completing a motor
 vehicle accident prevention course[, known as the national safety  coun-
 cil'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] PURSUANT TO THE
 PROVISIONS ARTICLE TWELVE-B OF THE VEHICLE  AND  TRAFFIC  LAW,  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 that does not provide for actual
 classroom instruction for a minimum number of hours as determined by the
 department 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.
   § 12. Paragraph 1 of subsection (a) of section 2336 of  the  insurance
 law,  as  amended  by  section  4  of  chapter 4 of the laws of 2021, is
 amended to read as follows:
   (1) Any schedule of rates or rating plan for motor  vehicle  liability
 and  collision  insurance  submitted to the superintendent shall provide
 for an actuarially 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  coun-
 cil'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]  PURSUANT  TO  THE
 PROVISIONS  OF ARTICLE TWELVE-B OF THE VEHICLE AND TRAFFIC LAW, provided
 that in either event there shall be no reduction in premiums for a self-
 instruction defensive driving course or a course that does  not  provide
 for actual classroom instruction for a minimum number of hours as deter-
 mined  by  the  department  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  depart-
 ment  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 attendance at a program pursuant to article twenty-one of
 the vehicle and traffic law as a result of any traffic infraction.
   § 13. This act shall take effect immediately; provided,  however  that
 the  amendments  to section 399-c of the vehicle and traffic law made by
 section two of this act shall expire and be  deemed  repealed  one  year
 after  it shall have become a law, when upon such date the provisions of
 sections three, four, five, six, seven and eleven of this act shall take
 effect; and provided further that  the  amendments  to  paragraph  1  of
 subsection  (a)  of  section  2336  of the insurance law made by section
 eleven of this act shall be subject to the expiration and  reversion  of
 such  subsection when upon such date the provisions of section twelve of
 this act shall take effect.