Assembly Bill A6204

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6204
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2017
                                ___________
 
 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-OWNED 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  SUBDIVI-
 SION,  AND SHALL NOT REQUIRE THE PRIOR COMPLIANCE BY SUCH APPLICANT WITH
 SECTION THREE HUNDRED NINETY-NINE-F OF THIS ARTICLE IN ORDER TO  APPROVE
 PARTICIPATION  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  ARTICLE  DURING THE PERIOD OF TIME WHILE IN THE
 PILOT PROGRAM.
   § 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.
                                                            LBD07094-01-7
              

 A. 6204                             2
 
   § 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.
   § 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.
   §  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.
   §  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.
   § 3. This act shall take effect immediately.