S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7672

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  the behavioral-based driver retraining programs; to  amend  the  state
  finance  law,  in relation to establishing the behavioral-based 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:

  Section 1. Legislative intent. The legislature  hereby  declares  that
drivers  in the state who have reached the point of revocation for traf-
fic violations have proven themselves to be problem drivers. In order to
provide meaningful safeguards for the general public who  are  users  of
the  highways,  it  is determined that additional training is needed for
these problem drivers. For this  reason,  the  legislature  directs  the
department  of motor vehicles to implement a five-year driver retraining
pilot program, requiring those drivers who have  reached  the  point  of
revocation,  in  relevant  instances,  to  complete  a  behavioral-based
retraining course to force a change in the attitude and  driving  habits
of problem drivers in order to have their license reinstated.
  S  2.  Subdivision 5 of section 510 of the vehicle and traffic law, as
amended by chapter 183 of the laws of 1988, is amended as follows:
  5. Restoration. A [license or] registration may be restored by  direc-
tion  of  the commissioner but not otherwise.  A LICENSE MAY BE RESTORED
BY DIRECTION OF THE COMMISSIONER BUT NOT  OTHERWISE;  IN  ADDITION,  THE
COMPLETION  OF  A  DRIVER  RETRAINING  PROGRAM  AS  DESCRIBED IN ARTICLE
TWELVE-D OF THIS CHAPTER IN ACCORDANCE WITH SUBDIVISION FIVE-A  OF  THIS
SECTION  SHALL BE REQUIRED FOR THE RESTORATION OF A LICENSE FROM REVOCA-
TION IN ACCORDANCE WITH PARAGRAPHS A AND C OF SUBDIVISION TWO,  SUBDIVI-
SION TWO-A, AND SUBDIVISION THREE OF THIS SECTION, WITH THE EXCEPTION OF
SUBPARAGRAPHS  (II)  AND (III) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS
SECTION. Reversal on appeal, of any  conviction  because  of  which  any
license or registration has been revoked or suspended, shall entitle the
holder  to restoration thereof forthwith.  The privileges of a non-resi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13482-05-6

S. 7672                             2

dent may be restored by direction of the commissioner in his  discretion
but not otherwise.
  S 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 5-a to read as follows:
  5-A.  DRIVER RETRAINING REQUIRED. A LICENSE REVOKED IN ACCORDANCE WITH
PARAGRAPHS A AND C OF SUBDIVISION TWO, SUBDIVISION TWO-A,  AND  SUBDIVI-
SION THREE OF THIS SECTION, WITH THE EXCEPTION OF SUBPARAGRAPHS (II) AND
(III)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION, MAY BE REIN-
STATED, RESTORED, OR REISSUED ONLY UPON COMPLETION OF A DRIVER  RETRAIN-
ING  COURSE AS DESCRIBED IN ARTICLE TWELVE-D OF THIS CHAPTER IN ADDITION
TO THE REQUIREMENTS OF THIS  SECTION.  UPON  COMPLETION  OF  THE  DRIVER
RETRAINING  COURSE, THE VENDOR OF THE COURSE SHALL NOTIFY THE DEPARTMENT
OF SUCH COMPLETION.
  S 4. The vehicle and traffic law is amended by adding  a  new  article
12-D to read as follows:
                              ARTICLE 12-D
               BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM
SECTION 399-P. STATEMENT OF PURPOSE.
        399-Q. DEFINITIONS.
        399-R. COURSE APPROVAL BY THE COMMISSIONER.
        399-S. APPLICATION FOR COURSE APPROVAL.
        399-T. STANDARDS FOR COURSE APPROVAL.
        399-U. MONITORING RETRAINED DRIVERS AND PROOF OF EFFECTIVENESS.
        399-V. DEPLOYMENT OF PROGRAM.
        399-W. INFORMATION TO THE VENDOR.
        399-X. NOTIFICATIONS OF DRIVERS.
        399-Y. FEE.
        399-Z. REGULATIONS.
        399-AA. REPORT.
        399-BB. REAPPROVAL OF DRIVER RETRAINING COURSES.
S  399-P.  STATEMENT  OF  PURPOSE.  THE  PURPOSES OF THIS ARTICLE ARE TO
FURTHER HIGHWAY SAFETY BY ESTABLISHING A PROGRAM  OF  HIGH  QUALITY  AND
EFFECTIVE  BEHAVIORAL-BASED  DRIVER  RETRAINING  TO REHABILITATE PROBLEM
DRIVERS, AS DEFINED IN THIS ARTICLE, THROUGH THE USE  OF  EDUCATION  AND
EXPLANATION. A BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM MUST INFLUENCE
AND  CHALLENGE  PARTICIPANTS  TO CHANGE THEIR BEHIND-THE-WHEEL BEHAVIORS
AND ATTITUDES SO THEY WILL CHOOSE TO DRIVE SAFELY, RESPONSIBLY, RESPECT-
FULLY, AND LAWFULLY AND PROVIDE PARTICIPANTS WITH THE KNOWLEDGE, SKILLS,
AND TECHNIQUES TO IMPROVE THEIR  DRIVING-RELATED  CHOICES,  AND  THEREBY
AVOID  COLLISIONS AND DECREASE FUTURE VIOLATIONS. THESE PURPOSES WILL BE
ACCOMPLISHED BY ESTABLISHING STRICT CRITERIA FOR INITIAL  AND  CONTINUAL
COURSE SPONSORSHIP APPROVAL.
  S  399-Q. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING DEFINITIONS:
  1. "PROBLEM DRIVER" SHALL MEAN A DRIVER THAT HAS REACHED THE POINT  OF
REVOCATION  OF  LICENSE, DUE TO TRAFFIC INFRACTIONS, DEMONSTRATING HE OR
SHE IS AN UNUSUAL OR IMMEDIATE  RISK  UPON  THE  HIGHWAYS,  PURSUANT  TO
SUBDIVISION FIVE-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  2.  "VENDOR" SHALL MEAN A NOT-FOR-PROFIT ORGANIZATION WHICH IMPLEMENTS
THE  PROGRAM   AND   DESIGNS,   PROVIDES,   CONDUCTS,   AND   AUDITS   A
BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM APPROVED BY THE COMMISSIONER.
  3. "INSTRUCTOR" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A VENDOR TO TEACH
AN APPROVED DRIVER RETRAINING COURSE.
  4.   "DRIVER   RETRAINING   COURSE"   OR   "COURSE"   SHALL  MEAN  THE
CLASSROOM-BASED BEHAVIORAL-BASED  DRIVER  RETRAINING  COURSE  CURRICULUM
WHICH HAS BEEN APPROVED BY THE COMMISSIONER.

S. 7672                             3

  5.  "COMPLETION  CERTIFICATE"  SHALL  MEAN  A DOCUMENT WHICH CANNOT BE
ALTERED AND WHICH IS PROVIDED TO THE STUDENT WHO SUCCESSFULLY  COMPLETES
THE DRIVER RETRAINING COURSE.
  S  399-R.  COURSE APPROVAL BY THE COMMISSIONER. THE COMMISSIONER SHALL
APPROVE A DRIVER RETRAINING  COURSE  BEFORE  ANY  PERSON  ATTENDING  AND
SUCCESSFULLY  COMPLETING  SUCH  COURSE  MAY QUALIFY TO RECEIVE MANDATORY
REINSTATEMENT, RESTORATION, OR REISSUANCE OF  A  LICENSE  IN  ACCORDANCE
WITH  THIS  ARTICLE  AND  SECTION  FIVE HUNDRED TEN OF THIS CHAPTER. 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.
  S 399-S. APPLICATION FOR COURSE APPROVAL. 1. A VENDOR SEEKING APPROVAL
AS A BEHAVIORAL-BASED  DRIVER  RETRAINING  COURSE  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:
  (A) THE TITLE OR NAME OF THE COURSE;
  (B) THE NAME OF THE VENDOR SUBMITTING THE APPLICATION;
  (C)  A  PROFILE OF THE VENDOR'S OPERATIONS, QUALIFICATIONS, AND ORGAN-
IZATIONAL CAPABILITIES INCLUDING:
  (I) A DETAILED DESCRIPTION OF ITS RESOURCES AND EXPERIENCE RELEVANT TO
THE REQUIREMENTS TO DELIVER THIS PROGRAM.
  (II) A NARRATIVE ON HOW AND WHY ITS ORGANIZATION IS CAPABLE OF MEETING
THE NEEDS RELEVANT TO THE DELIVERY OF THIS PROGRAM.
  (III) AT LEAST  THREE  CLIENT  REFERENCES,  INCLUDING  NAME,  ADDRESS,
CONTACT  PERSON,  TELEPHONE  NUMBER,  MONTHS AND YEARS OF SERVICE, AND A
DESCRIPTION OF THE SERVICES THAT THE VENDOR PROVIDED TO THE CLIENT;
  (D) EVIDENCE OF FINANCIAL STABILITY IN THE FORM OF  AUDITED  FINANCIAL
STATEMENTS  FOR  THE  MOST RECENT FINANCIAL YEAR OF THE VENDOR FOR WHICH
STATEMENTS ARE AVAILABLE INCLUDING:
  (I) STATEMENTS WHICH DEMONSTRATE THAT THE VENDOR'S ORGANIZATION IS  IN
SOUND  FINANCIAL  CONDITION,  OR  THAT  APPROPRIATE CORRECTIVE ACTION IS
BEING TAKEN TO RESOLVE ALL IDENTIFIED FINANCIAL PROBLEMS.
  (II) IF STATEMENTS ARE NOT AVAILABLE FOR THE LAST  FISCAL  YEAR,  THEN
THE  VENDOR  MAY  PROVIDE  A  PRO  FORMA  STATEMENT OF THEIR MOST RECENT
FILINGS. IF THE VENDOR IS A PRIVATELY HELD ENTITY THAT DOES NOT WISH  TO
SUBMIT  ITS  BALANCE SHEETS AND REVENUE STATEMENTS, IT SHALL DEMONSTRATE
TO THE SATISFACTION OF THE COMMISSIONER THAT IT IS A FINANCIALLY  STABLE
ORGANIZATION.
  (III)  ALTERNATIVE INFORMATION WHICH MAY BE SUBMITTED INCLUDES, BUT IS
NOT LIMITED TO: NUMBER OF EMPLOYEES, SIZE  OF  CUSTOMER  BASE,  NAME  OF
BANK, NAME OF LAW FIRM, NAME OF ACCOUNTING FIRM, RATE OF GROWTH, APPROX-
IMATE ASSETS AND LIABILITIES.
  (IV) ADDITIONAL INFORMATION AS THE COMMISSIONER DEEMS NECESSARY;
  (E) PROOF OF CURRICULUM OWNERSHIP;
  (F) A SAMPLE PROGRAM CURRICULUM;
  (G)  PROOF  OF  COURSE EFFECTIVENESS AS REQUIRED IN SUBDIVISION TWO OF
SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE;
  (H) PROOF OF EXPERIENCE  ELECTRONICALLY  REGISTERING,  SCHEDULING  AND
MAINTAINING  RECORDS  FOR  ALL  PARTICIPANTS  IN  A  MULTI-SITE TRAINING
PROGRAM;
  (I) THE NAMES AND ADDRESSES OF ALL OWNERS, OFFICERS, AND DIRECTORS  OF
THE AGENCY OR ORGANIZATION;
  (J)  STATEMENT  CERTIFYING  THAT  THE VENDOR CAN PROVIDE THE PERSONNEL
SUFFICIENT TO DELIVERY OF THE PROGRAM STATEWIDE THROUGH THE TERM OF  THE
CONTRACT AND HOW THIS COMMITMENT WILL BE MET; AND

S. 7672                             4

  (K)  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 COMMISSIONER HAS BEEN SUBMITTED.
  2.  THE  COMMISSIONER  SHALL EITHER APPROVE OR DENY AN APPLICATION FOR
COURSE APPROVAL NO LATER THAN NINETY  DAYS  FOLLOWING  SUBMISSION  OF  A
COMPLETED APPLICATION.
  S  399-T.  STANDARDS  FOR  COURSE  APPROVAL. 1. COURSE APPROVAL. TO BE
APPROVED, A VENDOR MUST:
  (A) PROVIDE A CURRICULUM IN ACCORDANCE WITH THE REQUIREMENTS  OF  THIS
SECTION  THAT  INCLUDES AT LEAST FOUR HUNDRED THIRTY MINUTES OF INSTRUC-
TION WITH A CERTIFIED INSTRUCTOR PRESENT PRESENTED IN A SINGLE DAY OR  A
TWO  DAY  SESSION.  NOTHING  IN  THIS  SECTION  SHALL PREVENT THE USE OF
AUDIO/VISUAL AIDS AS PART OF THE COURSE PRESENTATION PRESCRIBED  BY  THE
COMMISSIONER.
  (B)  HAVE  PROVIDED  THE  COURSE  FOR  AT LEAST TEN YEARS PRIOR TO THE
SUBMISSION OF AN APPLICATION.
  (C) HAVE ADMINISTERED DRIVER RETRAINING ON A LARGE VOLUME BASIS  IN  A
CLASS  ROOM  ENVIRONMENT TO A MINIMUM OF AT LEAST FIFTY THOUSAND PERSONS
IN A CALENDAR YEAR.
  (D) PROVIDE A DESCRIPTION OF THE MINIMUM QUALIFICATIONS OF ALL  MANAG-
ERS AND INSTRUCTORS WHO WILL BE HIRED BY THE APPLICANT.
  (E)  PROVIDE  EACH  INSTRUCTOR WITH AN INSTRUCTOR'S MANUAL AND PROVIDE
STUDENT WORKBOOKS AND/OR MANUALS FOR EACH COURSE PARTICIPANT.
  (F) PROVIDE PROOF OF EFFECTIVENESS PURSUANT TO SECTION  THREE  HUNDRED
NINETY-NINE-U OF THIS ARTICLE.
  2. CURRICULUM. TO BE APPROVED, THE CURRICULUM OF THE DRIVER RETRAINING
COURSE  PROVIDED  FOR IN THIS ARTICLE SHALL INCLUDE AT LEAST THE FOLLOW-
ING:
  (A) PROVEN EDUCATIONAL OR PSYCHOLOGICAL PRINCIPALS/METHODOLOGIES  SUCH
AS   DR.   WILLIAM   GLASSER'S   "CHOICE   THEORY"   AS  IT  RELATES  TO
BEHIND-THE-WHEEL DRIVING BEHAVIOR;
  (B) WHY DRIVERS DO OR DO NOT CHOOSE TO  OBEY  TRAFFIC  LAWS  WITH  THE
PRIMARY FOCUS ON BEHAVIORS RATHER THAN EXCUSES;
  (C)  FOUR  COMPONENTS OF HUMAN BEHAVIOR - DOING, THINKING, FEELING AND
PHYSIOLOGY AND THE CONNECTION BETWEEN THE CONCEPTS OF NEEDS AND WANTS TO
BEHAVIORS AND THE HUMAN ABILITY TO CHOOSE BEHAVIORS.
  (D) ADDITIONAL PROBLEM DRIVER BEHAVIORS INCLUDING, BUT NOT LIMITED TO:
HAZARDS ASSOCIATED WITH PRESCRIPTIVE AND OVER-THE-COUNTER DRUGS, INCLUD-
ING SYNERGISM; IMPACTS OF  DRIVING  WITH  EXCESSIVE  SPEED;  IMPACTS  OF
RIGHT-OF-WAY  VIOLATIONS;  DANGERS OF DISTRACTED DRIVING; PROPER PASSING
AND FOLLOWING DISTANCES; AGGRESSIVE DRIVING BEHAVIORS; AND  HOW  FATIGUE
CAN AFFECT DRIVING BEHAVIOR.
  3.  SCHEDULES  AND  FACILITIES.  (A)  VENDOR  SHALL  SET AND ADHERE TO
PUBLISHED SCHEDULES OF TRAINING CLASSES AT DESIGNATED PLACES, DATES  AND
TIMES.  VENDOR SHALL SUBMIT TRAINING CLASS SCHEDULE AND LOCATIONS TO THE
COMMISSIONER QUARTERLY.
  (B) VENDOR SHALL OFFER CLASSES AT LOCATIONS THROUGHOUT THE STATE.
  (C) VENDOR SHALL OFFER A VARIETY OF NIGHT AND WEEKEND COURSES.
  (D) VENDOR SHALL BE RESPONSIBLE FOR SECURING, AND/OR OBTAINING PERMIS-
SION FOR THE USE OF APPROPRIATE CLASSROOM TEACHING FACILITIES  USED  FOR
RE-TRAINING PROGRAMS.
  (E)  VENDOR SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE USE
OF SUCH FACILITIES, INCLUDING, BUT NOT LIMITED TO,  RENT,  LIGHTS,  HEAT
AND  INSURANCE,  AND  NO REIMBURSEMENT OR INDEMNIFICATION FOR SUCH COSTS
WILL BE PROVIDED BY THE COMMISSIONER.

S. 7672                             5

  (F) VENDOR SHALL ASSURE THAT THE FACILITIES AND PROGRAM  ELEMENTS  FOR
RETRAINING PROBLEM DRIVERS ARE ACCESSIBLE TO DRIVERS WITH PHYSICAL DISA-
BILITIES  AND  IN COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OF 1990.
  (G)  VENDOR  SHALL  AGREE  THAT THE COMMISSIONER RESERVES THE RIGHT TO
REJECT, AT ANY TIME, THE USE OF ANY FACILITY HE OR SHE DEEMS  UNFIT  FOR
CLASSROOM  INSTRUCTION  OR  GEOGRAPHICALLY  INCONVENIENT  FOR THE REGIS-
TRANTS.
  4. BUSINESS OFFICE AND TELEPHONE. (A) VENDOR SHALL MAINTAIN A BUSINESS
OFFICE IN THE STATE  WHICH  SHALL  BE  STAFFED  MONDAY  THROUGH  FRIDAY,
BETWEEN  THE HOURS OF 9:00 AM AND 5:00 PM, TO PROVIDE THE ADMINISTRATIVE
SUPPORT NECESSARY FOR SUCCESSFULLY MAINTAINING THE PROGRAM.
  (B) VENDOR SHALL AGREE  TO  PROVIDE  A  TOLL-FREE  TELEPHONE  EXCHANGE
SERVICE NUMBER FOR PROGRAM REGISTRATION USE.
  (C)  VENDOR  SHALL  AGREE TO PROVIDE A WEBSITE FOR PROGRAM INFORMATION
AND REGISTRATION USE.
  5. METHOD OF INSTRUCTION. (A) VENDOR SHALL AGREE TO DESIGN  A  CURRIC-
ULUM  BASED  UPON  THE THEORY THAT INDUCING POSITIVE CHANGES IN ATTITUDE
AND DRIVING BEHAVIOR OF A PERSON WHO HAS BEEN IDENTIFIED  AS  A  PROBLEM
DRIVER,  AS  DEFINED  IN  THIS ARTICLE, IS A PROVEN METHOD OF SUCCESSFUL
DRIVER RETRAINING.
  (B) VENDOR SHALL HAVE  EXPERIENCE  IN  DESIGNING  AND  IMPLEMENTING  A
CURRICULUM  BASED  UPON  PROVEN EDUCATIONAL OR PSYCHOLOGICAL PRINCIPLES,
WHICH MAY INCLUDE, BUT NOT BE LIMITED  TO,  METHODOLOGIES  SUCH  AS  DR.
WILLIAM  GLASSER'S  "CHOICE THEORY." WHILE THE COMMISSIONER MAY CONSIDER
DIFFERENT EDUCATIONAL APPROACHES BASED  UPON  THE  OBJECTIVE  MERITS  OF
EACH,  IT IS ESSENTIAL THAT ANY PROPOSED CURRICULUM BE GUIDED BY A CLEAR
AND CONSISTENT EDUCATIONAL PHILOSOPHY. THE EFFECTIVENESS OF THAT PHILOS-
OPHY IN MODIFYING THE TYPES OF BEHAVIOR THAT MAY LEAD TO  THE  NEED  FOR
DRIVER RETRAINING SHALL BE CLEARLY DEMONSTRATED.
  (C) THE CURRICULUM SHALL INCLUDE DIFFERENT FORMS OF MEDIA TO ADDRESS A
DIVERSE COMMUNITY. THE TRAINING SHALL INCLUDE VIDEOS OF DIFFERENT STYLES
OF DRIVING AGGRESSIONS AND WAYS TO DEFUSE THESE AGGRESSIONS.
  (D)  THE  PROPOSED  CURRICULUM  SHALL  ENCOURAGE THE PROBLEM DRIVER TO
EXPLORE AND UNDERSTAND HIS OR HER OWN ATTITUDES IN VARIOUS DRIVING SITU-
ATIONS AND TO ALSO UNDERSTAND  THE  BEHAVIORAL  DRIVING  CHARACTERISTICS
THAT  HAVE  RESULTED  IN  THE DRIVER'S POOR DRIVING RECORD. THE PROPOSED
PROGRAM SHALL TEACH THE PROBLEM DRIVER THAT POOR BEHAVIORAL CHOICES MADE
BEHIND THE WHEEL OFTEN  RESULT  IN  UNINTENDED  CONSEQUENCES,  INCLUDING
MOTOR VEHICLE VIOLATIONS, OR ACCIDENTS, AND THAT THE DRIVER SHALL APPRE-
CIATE  THE  RESPONSIBILITY PLACED UPON EACH DRIVER TO CONFORM HIS OR HER
DRIVING CONDUCT FOR THE BENEFIT OF  OTHER  MOTORISTS,  PEDESTRIANS,  AND
THEMSELVES.  TRAINING  SHALL  BE  HIGHLY  INTERACTIVE, ENGAGING AND TAKE
ADVANTAGE OF VARIOUS FORMS OF MEDIA. CLASSES SHALL MAINTAIN AN APPROPRI-
ATE STUDENT TO INSTRUCTOR RATIO.
  6. OUT-OF-STATE  DRIVERS  AND  OUT-OF-STATE  PROGRAMS.  (A)  WHEN  THE
COMMISSIONER  IDENTIFIES  AN OUT-OF-STATE DRIVER AS A PROBLEM DRIVER, AS
DEFINED IN THIS ARTICLE, THE VENDOR  SHALL  NOTIFY  THE  DRIVER  OF  THE
AVAILABILITY  OF  THE  COURSE  IN NEW YORK STATE USING THE SAME MEANS OF
NOTIFICATION FOR IN-STATE PROBLEM DRIVERS. VENDOR SHALL ALSO NOTIFY  THE
OUT-OF-STATE  DRIVER OF THE NAME AND LOCATION OF SIMILAR PROGRAMS IN THE
DRIVER'S HOME STATE, WHICH MAY QUALIFY FOR RECOGNITION  BY  THE  COMMIS-
SIONER.
  (B)  VENDOR SHALL ASSIST THE COMMISSIONER IN DETERMINING WHICH OUT-OF-
STATE PROGRAMS MEET THE CRITERIA ESTABLISHED IN THE STATE FOR  A  DRIVER
RETRAINING PROGRAM.

S. 7672                             6

  (C)  VENDOR  SHALL  COORDINATE  WITH QUALIFIED PROGRAMS TO RECEIVE AND
DISSEMINATE INFORMATION AND REFERRALS ABOUT PROBLEM  DRIVERS  AND  ABOUT
THE RETRAINING PROGRAMS.
  (D)  IF  A  QUALIFIED  OUT-OF-STATE PROGRAM NOTIFIES THE VENDOR OF THE
SUCCESSFUL COMPLETION OF THE PROGRAM BY  AN  INDIVIDUAL  PROBLEM  DRIVER
REFERRED  FROM  THE COMMISSIONER, THE VENDOR SHALL ELECTRONICALLY NOTIFY
THE COMMISSIONER OF SUCH COMPLETION.
  7. ELECTRONIC COMMUNICATION. (A) VENDOR SHALL AGREE THAT IT  POSSESSES
OR  WILL  OBTAIN  COMPUTER HARDWARE/SOFTWARE THAT IS COMPATIBLE WITH THE
HARDWARE/SOFTWARE OF THE DEPARTMENT TO ALLOW THE VENDOR AND THE  DEPART-
MENT TO EXCHANGE INFORMATION DIRECTLY INTO EACH OTHER'S COMPUTER SYSTEMS
AS REQUIRED.
  (B)  VENDOR SHALL AGREE THAT THE DEPARTMENT WILL ELECTRONICALLY NOTIFY
THE VENDOR OF THE NAMES AND ADDRESSES OF THE PROBLEM  DRIVERS  REQUIRING
RETRAINING.
  (C)  VENDOR  SHALL AGREE THAT IT SHALL THEN NOTIFY, BY LETTER APPROVED
BY THE COMMISSIONER, EACH IDENTIFIED PROBLEM DRIVER OF THE  AVAILABILITY
OF THE COURSE AND THE REQUIRED FEE.
  (D) VENDOR SHALL AGREE THAT, WITHIN ONE BUSINESS DAY OF THE SUCCESSFUL
COMPLETION  OF THE COURSE BY A DRIVER, IT WILL ELECTRONICALLY NOTIFY THE
DEPARTMENT THROUGH AN ESTABLISHED COMPUTER LINK.
  8. COSTS, FEES AND TRANSFERS. (A) VENDOR SHALL ASSUME ALL COSTS OF THE
DRIVER RETRAINING PROGRAM.
  (B) VENDOR SHALL AGREE THAT EACH DRIVER  REQUIRED  TO  ENROLL  IN  THE
DRIVER  RETRAINING PROGRAM WILL BE ASSESSED A REASONABLE AND UNIFORM FEE
FOR THE COURSE. SUCH FEE SHALL NOT BE IN EXCESS  OF  THE  QUOTE  OF  THE
VENDOR.
  (C)  VENDOR  SHALL ARRANGE FOR AND COLLECT PAYMENT OF THE FEE FROM THE
REGISTRANT.
  (D) VENDOR SHALL DEPOSIT TO A DESIGNATED ACCOUNT OF THE DEPARTMENT  BY
WAY  OF ELECTRONIC FUNDS TRANSFER AS INSTRUCTED BY THE COMMISSIONER, THE
AGREED UPON FEE  COLLECTED  FROM  THE  REGISTRANT  AS  REIMBURSEMENT  OF
DEPARTMENT PROGRAM COSTS.
  (E)  VENDOR  SHALL  BE  RESPONSIBLE  FOR ANY COSTS ASSOCIATED WITH THE
COLLECTION OF CHECKS DRAWN ON INSUFFICIENT FUNDS, OR ON UNPAID REGISTRA-
TION FEES. THE DEPARTMENT WILL NOT REFUND ITS FEE IF THE VENDOR FAILS TO
RECOVER FROM THE STUDENT.
  9. PERSONNEL. THE VENDOR SHALL PROVIDE A TEAM OF PERSONNEL  CONSISTING
OF  ONE ACCOUNT MANAGER AND PERSONNEL SUFFICIENT FOR THE DELIVERY OF THE
PROGRAM STATEWIDE.
  (A) VENDOR SHALL AGREE TO IMMEDIATELY  REMOVE  ANY  PERSON  PERFORMING
SERVICES  UNDER  A  RESULTING  CONTRACT  WHO  IS, IN THE JUDGMENT OF THE
DEPARTMENT, DISQUALIFIED  BY  REASON  OF  ETHICS,  COMPETENCE,  CRIMINAL
BEHAVIOR,  OR  MOTOR  VEHICLE  VIOLATIONS, OR ANY CAUSE WHATSOEVER, FROM
DOING COMMERCE WITH, OR PROVIDING SERVICES FOR THE  STATE.  SUCH  PERSON
MAY  BE  REINSTATED  BY THE VENDOR ONLY UPON CLEAR WRITTEN NOTICE OF THE
APPROVAL OF THE COMMISSIONER.
  (B) VENDOR SHALL AGREE THAT IT ACCEPTS  FULL  RESPONSIBILITY  FOR  THE
PERFORMANCE OF ANY SUB-CONTRACTORS, IF USED. THE VENDOR MAY SUB-CONTRACT
THE  SERVICES REQUIRED TO DELIVER THIS PROGRAM, BUT THE DEPARTMENT SHALL
REQUIRE A SINGLE POINT OF RESPONSIBILITY FOR  THIS  CONTRACT.  AS  PRIME
CONTRACTOR,  THE  VENDOR  SHALL IDENTIFY ANY AND ALL SUB-CONTRACTORS AND
SHALL DESCRIBE THE TYPE  OF  CONTRACTUAL  ARRANGEMENT  THAT  WILL  EXIST
BETWEEN  THE  VENDOR AND THE SUB-CONTRACTORS. VENDOR SHALL AGREE THAT IT
SHALL BE RESPONSIBLE FOR MEETING ALL OF THE TERMS AND CONDITIONS OF  ANY
CONTRACT  RESULTING,  INCLUDING  THE PERFORMANCE OF ANY SUB-CONTRACTORS.

S. 7672                             7

THE DEPARTMENT SHALL NOT BE RESPONSIBLE FOR PAYMENTS DUE A  SUB-CONTRAC-
TOR FROM THE PRIMARY CONTRACTOR.
  (C)  VENDOR  SHALL  AGREE  IN ITS RESPONSE THAT EACH PERSON PERFORMING
SERVICES UNDER THIS CONTRACT SHALL MEET THE FOLLOWING REQUIREMENTS:
  (I) VENDOR SHALL AGREE TO EMPLOY ONLY THOSE INDIVIDUALS AS INSTRUCTORS
WHO WOULD BE REASONABLY CONSIDERED QUALIFIED INSTRUCTORS FOR SUCH COURSE
BY REASON OF THEIR  EDUCATIONAL  ATTAINMENTS,  TEACHING  EXPERIENCE  AND
FAMILIARITY  WITH  THE  SUBJECT  MATTER AND METHODS USED TO SUCCESSFULLY
RETRAIN PROBLEM DRIVERS AS DEFINED IN THIS ARTICLE.
  (II) AN OTHERWISE QUALIFIED INSTRUCTOR SHALL NOT BE USED IN ANY OF THE
DRIVER RE-TRAINING PROGRAM IF THE PERSON  IS  INELIGIBLE  TO  OBTAIN  OR
RETAIN  DRIVING  PRIVILEGES IN ANY JURISDICTION. THE DEPARTMENT MAY ALSO
REJECT THE USE OF ANY PARTICULAR INSTRUCTOR IF THE DEPARTMENT HAS REASON
TO BELIEVE THAT THE INSTRUCTOR IS NOT PROPERLY QUALIFIED AS A RETRAINING
INSTRUCTOR.
  10. THE COMMISSIONER IS AUTHORIZED TO SUSPEND OR REVOKE APPROVAL OF  A
VENDOR  SHOULD  THE COMMISSIONER FIND THAT THE VENDOR OR ITS INSTRUCTORS
HAVE BEEN FOUND TO BE IN VIOLATION  OF  ANY  APPLICABLE  LAWS  OR  REGU-
LATIONS.
  S  399-U.  MONITORING RETRAINED DRIVERS AND PROOF OF EFFECTIVENESS. 1.
MONITORING RETRAINED DRIVERS. (A) VENDOR SHALL AGREE THAT THE DEPARTMENT
MAY MONITOR DRIVING RECORDS OF PERSONS WHO HAVE  TAKEN  AND  PASSED  THE
VENDOR'S DRIVER RETRAINING PROGRAM.
  (B)  VENDOR  SHALL AGREE THAT THE DEPARTMENT MAY REQUIRE THE VENDOR TO
PERIODICALLY PROVIDE  THE  DEPARTMENT  WITH  INFORMATION  IT  REASONABLY
BELIEVES  NECESSARY  TO MONITOR THE PERFORMANCE OF THE VENDOR, INCLUDING
BUT NOT LIMITED TO, INFORMATION ON NUMBERS OF STUDENTS, NUMBER OF CLASS-
ES HELD, CLASS SIZE, LOCATION AND FREQUENCY OF  CLASSES,  AND  PASS/FAIL
RATE.
  (C)  VENDOR  SHALL AGREE TO SUBMIT ON A MONTHLY BASIS A RECONCILIATION
REPORT DETAILING THE NUMBER OF DRIVERS THAT HAVE BEEN RETRAINED AND  THE
AMOUNT OF FUNDS TRANSFERRED TO THE DEPARTMENT.
  (D)  VENDOR SHALL AGREE TO COLLABORATE WITH THE DEPARTMENT TO CREATE A
SURVEY AT THE END OF THE CLASS TO  CAPTURE  STUDENT  FEEDBACK  ON  THEIR
EXPERIENCE.
  2. PROOF OF EFFECTIVENESS. (A) PROOF OF EFFECTIVENESS SUBMITTED BY THE
VENDOR  FOR SPONSORSHIP SHALL BE VERIFIABLE RESEARCH DOCUMENTATION SHOW-
ING EVIDENCE OF EFFECTIVENESS AS DETERMINED BY THE COMMISSIONER IN TERMS
OF REDUCED CONVICTIONS OR ACCIDENTS OR BOTH. THIS RESEARCH DOCUMENTATION
SHALL EMPLOY ACCEPTED RESEARCH PRINCIPLES.  IN ORDER TO ESTABLISH  VERI-
FIABLE  EFFECTIVENESS,  THE SAMPLE GROUP SHALL BE COMPRISED OF A MINIMUM
OF THREE THOUSAND DRIVERS.  THE DOCUMENTATION SHALL  INCLUDE  CONVICTION
OR  ACCIDENT  DATA  FOR  EACH MOTORIST FOR A PERIOD OF AT LEAST EIGHTEEN
MONTHS PRIOR TO THE REVOCATION DATE AND AT LEAST EIGHTEEN MONTHS  SUBSE-
QUENT  TO REISSUANCE OF LICENSE.  THE DOCUMENTATION SHALL ALSO INCLUDE A
DESCRIPTION OF THE SAMPLING AND ANALYTIC PROCEDURES USED, AND THE MOTOR-
IST IDENTIFICATION NUMBER AND COURSE  COMPLETION  DATE  FOR  ALL  COURSE
ATTENDEES.  THE  VENDOR FOR SPONSORSHIP SHALL PROVIDE, AT THE REQUEST OF
THE COMMISSIONER AND AT THE APPLICANT'S EXPENSE, ALL DRIVING RECORD DATA
AND ANALYSIS USED IN THE DEVELOPMENT OF THE SUBMITTED RESEARCH  DOCUMEN-
TATION.    SUBMISSION OF ANY FRAUDULENT OR INTENTIONALLY MISLEADING DATA
WILL DISQUALIFY THAT ORGANIZATION AND ALL  OWNERS  AND  PRINCIPALS  FROM
PARTICIPATING  OR  APPROVAL IN THE DRIVER RETRAINING COURSE FOR A PERIOD
OF TEN YEARS FROM SUBMISSION DATE. THE COMMISSIONER MAY, BY  REGULATION,
PROVIDE FOR A SMALLER SAMPLE GROUP FOR SPECIALIZED COURSES.

S. 7672                             8

  (B)  PRIOR TO THE END OF THE PILOT PROGRAM, THE VENDOR SHALL CONDUCT A
STUDY OF THE EFFECTIVENESS OF THE DRIVER RETRAINING PROGRAM CONDUCTED IN
THE STATE. THIS PROOF OF  EFFECTIVENESS  SHALL  BE  VERIFIABLE  RESEARCH
DOCUMENTATION  SHOWING  EVIDENCE  OF  EFFECTIVENESS AS DETERMINED BY THE
COMMISSIONER  IN TERMS OF REDUCED CONVICTIONS OR ACCIDENTS OR BOTH. THIS
RESEARCH DOCUMENTATION SHALL EMPLOY  ACCEPTED  RESEARCH  PRINCIPLES  AND
INCLUDE  TREATMENT AND NON-TREATMENT CONTROL GROUPS COMPRISED OF SAMPLES
OF THE REPRESENTATIVE DRIVER BASE.  IN  ORDER  TO  ESTABLISH  VERIFIABLE
EFFECTIVENESS,  EACH  SAMPLE  GROUP  SHALL  BE COMPRISED OF A MINIMUM OF
THREE  THOUSAND  DRIVERS  SELECTED  RANDOMLY.  THE  DOCUMENTATION  SHALL
INCLUDE CONVICTION OR ACCIDENT DATA FOR EACH MOTORIST FOR A PERIOD OF AT
LEAST EIGHTEEN MONTHS PRIOR TO THE REVOCATION DATE AND AT LEAST EIGHTEEN
MONTHS SUBSEQUENT TO REISSUANCE OF LICENSE. THE DOCUMENTATION SHALL ALSO
INCLUDE  A DESCRIPTION OF THE SAMPLING AND ANALYTIC PROCEDURES USED, AND
THE MOTORIST IDENTIFICATION NUMBER AND COURSE COMPLETION  DATE  FOR  ALL
COURSE  ATTENDEES.  THE  VENDOR  SHALL  PROVIDE,  AT  THE REQUEST OF THE
COMMISSIONER AND AT THE APPLICANT'S EXPENSE, ALL DRIVING RECORD DATA AND
ANALYSIS USED IN THE DEVELOPMENT OF THE  SUBMITTED  RESEARCH  DOCUMENTA-
TION.
  S  399-V.  DEPLOYMENT  OF  PROGRAM. VENDOR SHALL PROPOSE AND PROVIDE A
START-UP DEPLOYMENT PLAN. THE PROPOSED START-UP DEPLOYMENT PLAN  TIMETA-
BLE  SHALL INCLUDE REALISTIC MILESTONE DATES TO INDICATE WHEN THE VENDOR
WILL MEET CERTAIN TARGETS.  THE VENDOR'S START-UP DEPLOYMENT PLAN  SHALL
INCLUDE:
  1.  THE  NUMBER  OF  CLASS LOCATIONS THE VENDOR INTENDS TO HAVE OPERA-
TIONAL BY SPECIFIC DATES;
  2. THE NUMBER OF INSTRUCTORS THE VENDOR  PLANS  TO  HIRE  BY  SPECIFIC
DATES;
  3.  PLANS  TO TEST ITS COMPUTER COMPATIBILITY WITH THE DEPARTMENT DATA
CENTER; AND
  4. A REALISTIC START-UP DATE FOR FULL OPERATIONS OF THE PROPOSED DRIV-
ER RETRAINING PROGRAM.
  S 399-W. INFORMATION TO THE VENDOR. 1. THE DEPARTMENT WILL PROVIDE THE
VENDOR WITH THE NAMES, ADDRESSES, AND LICENSE NUMBERS OF THOSE  INDIVID-
UALS  WHO  ARE  REQUIRED  TO  SUCCESSFULLY  COMPLETE  A COURSE OF DRIVER
RETRAINING BY ELECTRONIC MEDIA.
  2. ALL DATA PROVIDED TO THE VENDOR SHALL BE KEPT  IN  ACCORDANCE  WITH
THE  REQUIREMENTS  OF  THE DRIVER PRIVACY PROTECTION ACT AND ANY RELATED
STATE REQUIREMENTS.
  3. THE SELECTED VENDOR WILL BE REQUIRED TO ENTER INTO A  DATA  PRIVACY
AGREEMENT WITH THE DEPARTMENT ONCE A CONTRACT HAS BEEN AWARDED.
  4. THE DEPARTMENT WILL UPDATE THE DRIVER'S RECORD UPON NOTIFICATION BY
THE  VENDOR  OF  THE  DRIVER'S  SUCCESSFUL COMPLETION OF THE RE-TRAINING
PROGRAM.
  5. THE DEPARTMENT SHALL PROVIDE THE VENDOR WITH RELEVANT  DATA  NECES-
SARY FOR THE COMPLETION OF THE REQUIRED EFFECTIVENESS STUDY.
  S  399-X.  NOTIFICATIONS OF DRIVERS. THE DEPARTMENT SHALL NOTIFY THOSE
INDIVIDUAL DRIVERS THAT ARE REQUIRED TO SUCCESSFULLY COMPLETE THE DRIVER
RETRAINING PROGRAM OF THIS REQUIREMENT.
  S 399-Y. FEE. THE VENDOR IS AUTHORIZED TO IMPOSE  A  FEE  FOR  PARTIC-
IPATION  IN  THE BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM. THE DEPART-
MENT SHALL RECEIVE A PORTION OF THE FEE NOT TO EXCEED TWO-FIFTHS.
  S 399-Z. 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

S. 7672                             9

AND STANDARDS WITH RESPECT TO: VENDORS AND INSTRUCTORS; CLASSROOM FACIL-
ITIES;  SUSPENSION  OR  REVOCATION  OF  APPROVAL;  APPEAL OF REVOCATION;
COURSE  ADMINISTRATION  AND  ADVERTISING;  MONITORING  OF  COURSES   AND
INSTRUCTORS;  AND  REEVALUATION  OF  COURSE  EFFECTIVENESS  PURSUANT  TO
SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE.
  S 399-AA. REPORT. WITHIN FIVE YEARS OF THE ESTABLISHMENT AND IMPLEMEN-
TATION OF THIS ARTICLE, THE COMMISSIONER SHALL REPORT TO  THE  GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
THE DRIVER RETRAINING PROGRAM AND ITS RESULTS. SUCH REPORT SHALL INCLUDE
RECOMMENDATIONS AS TO THE FUTURE OF THE PROGRAM.
  S  399-BB.  REAPPROVAL  OF  DRIVER RETRAINING COURSES. NOTHING IN THIS
ARTICLE SHALL BE DEEMED TO REQUIRE THE COMMISSIONER TO  REAPPROVE  MOTOR
VEHICLE  DRIVER RETRAINING COURSES APPROVED BY THE COMMISSIONER PURSUANT
TO RULES AND REGULATIONS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
  S 5. The state finance law is amended by adding a new section 99-z  to
read as follows:
  S  99-Z.  BEHAVIORAL-BASED  DRIVER  RETRAINING PILOT PROGRAM FUND.  1.
THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
TROLLER  AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "DRIVER RETRAINING PILOT PROGRAM FUND".
  2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE  DEPARTMENT  OF
MOTOR  VEHICLES  PURSUANT  TO  THE PROVISIONS OF ARTICLE TWELVE-D 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 SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
ADMINISTERING AND IMPLEMENTING THE PROVISIONS OF ARTICLE TWELVE-D OF THE
VEHICLE AND TRAFFIC LAW BY THE DEPARTMENT OF MOTOR VEHICLES.
  S 6. This act shall take effect one year after it shall have become  a
law  and  shall expire and be deemed repealed 5 years after the date the
behavioral-based driver retraining  pilot  program  is  established  and
implemented  by  the  commissioner of motor vehicles pursuant to article
12-D of the vehicle and traffic law as added by  section  four  of  this
act;  provided however, that effective immediately, the addition, amend-
ment, or repeal of any rule or regulation necessary for the  implementa-
tion of this act shall be made and completed on or before such effective
date;  and  provided  further,  however,  that the commissioner of motor
vehicles shall notify the legislative bill drafting commission upon  the
date the behavioral-based driver retraining pilot program is established
and  implemented  in  order that the commission may maintain an accurate
and timely effective data base of the official text of the laws  of  the
state  of  New  York  in  furtherance  of effectuating the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers law.