LBD06982-02-8
S. 1332--A 2
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license or registration has been revoked or suspended, shall entitle the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-
dent may be restored by direction of the commissioner in his discretion
but not otherwise.
§ 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.
§ 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.
§ 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.
§ 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.
S. 1332--A 3
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.
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.
§ 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.
§ 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;
S. 1332--A 4
(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
(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.
§ 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.
S. 1332--A 5
(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.
(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
S. 1332--A 6
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.
(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.
S. 1332--A 7
(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.
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.
§ 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
S. 1332--A 8
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.
(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.
§ 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.
§ 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. 1332--A 9
§ 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.
§ 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.
§ 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
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.
§ 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.
§ 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.
§ 5. The state finance law is amended by adding a new section 99-bb to
read as follows:
§ 99-BB. 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.
§ 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.
