S T A T E O F N E W Y O R K
________________________________________________________________________
3709
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. MOYA -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the creation
of a linguistic and culturally compatible accident prevention course
pilot program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 399-e of the vehicle and traffic
law is amended by adding a new paragraph (g) to read as follows:
(G) THE COMMISSIONER IS AUTHORIZED TO APPROVE ANY APPLICATION FROM A
MINORITY OR WOMEN BUSINESS ENTERPRISE PARTICIPATING IN A PILOT PROGRAM
AUTHORIZED UNDER ARTICLE TWELVE-D OF THIS TITLE, EVEN IF SUCH APPLICANT
DOES NOT MEET ALL OF THE CRITERIA SET FORTH IN THIS SUBDIVISION, AND
SHALL NOT REQUIRE THE PRIOR COMPLIANCE BY SUCH APPLICANT WITH SECTION
THREE HUNDRED NINETY-NINE-F OF THIS TITLE IN ORDER TO APPROVE PARTIC-
IPATION IN THE PILOT PROGRAM AUTHORIZED UNDER ARTICLE TWELVE-D OF THIS
TITLE PROVIDED THE APPLICANT CAN DEMONSTRATE A CAPACITY TO GENERATE AND
MAINTAIN THE EFFICACY DATA REQUIRED UNDER SECTION THREE HUNDRED NINETY-
NINE-F OF THIS TITLE DURING THE PERIOD OF TIME WHILE IN THE PILOT
PROGRAM.
S 2. The vehicle and traffic law is amended by adding a new article
12-D to read as follows:
ARTICLE 12-D
LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT
PREVENTION COURSE PILOT PROGRAM
SECTION 399-P. LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT PREVENTION
COURSE PILOT PROGRAM.
399-Q. APPLICATION.
399-R. PILOT PROGRAM SCOPE AND DURATION.
399-S. REGULATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06736-01-5
A. 3709 2
S 399-P. LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT PREVENTION
COURSE PILOT PROGRAM. THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT A
COMPREHENSIVE PILOT PROGRAM UTILIZING BUSINESS ENTITIES CERTIFIED AS
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES UNDER ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW TO ADMINISTER AN APPROVED ACCIDENT PREVENTION COURSE
FOR THE PURPOSES OF GRANTING POINT AND INSURANCE PREMIUM REDUCTION BENE-
FITS.
S 399-Q. APPLICATION. APPLICANTS FOR PARTICIPATION IN THE PILOT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE SHALL BE CERTIFIED AS A
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE UNDER ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW FOR AT LEAST THE THREE YEARS PRECEDING THE EFFECTIVE
DATE OF THIS SECTION, HAVE SOME EXPERIENCE IN TEACHING DRIVER SAFETY
AND/OR DRIVER LICENSE PREPARATORY COURSES AND DEMONSTRATE A PROFICIENCY
IN DELIVERING INSTRUCTION IN AT LEAST FOUR OR MORE LANGUAGES OTHER THAN
ENGLISH WHICH THE COMMISSIONER DESIGNATES AS A PREVALENT LANGUAGE WITHIN
THE STATE. IN ORDER TO BE APPROVED FOR PARTICIPATION IN SUCH PILOT
PROGRAM, THE COURSE MUST COMPLY WITH THE PROVISIONS OF LAW, RULES AND
REGULATIONS APPLICABLE THERETO. THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, IMPOSE A REASONABLE FEE FOR THE SUBMISSION OF EACH APPLICA-
TION TO PARTICIPATE IN THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS
ARTICLE. SUCH A FEE SHALL NOT EXCEED SEVEN THOUSAND FIVE HUNDRED
DOLLARS.
S 399-R. PILOT PROGRAM SCOPE AND DURATION. THE COMMISSIONER SHALL
CONDUCT A PILOT PROGRAM DESIGNED TO EXPAND THE CULTURAL COMPETENCY OF
PROVIDERS OF ACCIDENT PREVENTION COURSES BY REQUIRING PROVIDERS UNDER
THE PROGRAM TO BE CERTIFIED MINORITY OR WOMEN-OWNED ENTERPRISES UNDER
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, AND WHO HAVE THE CAPABILITY OF
DELIVERING INSTRUCTION IN AT LEAST FIVE LANGUAGES DESIGNATED AS PREDOMI-
NANT LANGUAGES USED IN THE STATE BY THE COMMISSIONER, INCLUSIVE OF
ENGLISH, TO STUDENTS PARTICIPATING IN AN ACCIDENT PREVENTION COURSE FOR
POINT AND INSURANCE PREMIUM REDUCTION BENEFITS. APPLICANT PARTICIPATION
IN THE PILOT PROGRAM SHALL BE LIMITED TO FIVE YEARS.
S 399-S. REGULATIONS. 1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS ARTICLE TO ENSURE THE COMPETENT DELIVERY OF INSTRUC-
TION TO STUDENTS ENROLLED IN ACCIDENT PREVENTION COURSES OPERATED BY
ENTITIES PARTICIPATING IN THE PILOT PROGRAM AUTHORIZED UNDER THIS ARTI-
CLE, AND TO REQUIRE SAFEGUARDS TO ENSURE THAT ENROLLEES ACTUALLY
RECEIVED SUCH INSTRUCTION, IN A CLASSROOM SETTING OR VIA THE INTERNET,
PRIOR TO ANY CERTIFICATION THAT AN ENROLLEE HAD SUCCESSFULLY COMPLETED
THE NECESSARY TRAINING, AND ANY OTHER AND FURTHER RULES OR REGULATIONS
THE COMMISSIONER MAY DEEM NECESSARY AND PROPER.
2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON EACH ACCIDENT
PREVENTION COURSE SPONSORING AGENCY APPROVED FOR PARTICIPATION IN THE
PILOT PROGRAM, WHICH SHALL NOT EXCEED TEN DOLLARS FOR EACH STUDENT WHO
COMPLETES AN ACCIDENT PREVENTION COURSE UNDER THIS PILOT PROGRAM.
S 3. This act shall take effect immediately.