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
                                      ___________
       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:
    1    Section 1. Subdivision 1 of section 399-e of the vehicle  and  traffic
    2  law is amended by adding a new paragraph (g) to read as follows:
    3    (G)  THE  COMMISSIONER IS AUTHORIZED TO APPROVE ANY APPLICATION FROM A
    4  MINORITY OR WOMEN BUSINESS ENTERPRISE PARTICIPATING IN A  PILOT  PROGRAM
    5  AUTHORIZED  UNDER ARTICLE TWELVE-D OF THIS TITLE, EVEN IF SUCH APPLICANT
    6  DOES NOT MEET ALL OF THE CRITERIA SET FORTH  IN  THIS  SUBDIVISION,  AND
    7  SHALL  NOT  REQUIRE  THE PRIOR COMPLIANCE BY SUCH APPLICANT WITH SECTION
    8  THREE HUNDRED NINETY-NINE-F OF THIS TITLE IN ORDER  TO  APPROVE  PARTIC-
    9  IPATION  IN  THE PILOT PROGRAM AUTHORIZED UNDER ARTICLE TWELVE-D OF THIS
   10  TITLE PROVIDED THE APPLICANT CAN DEMONSTRATE A CAPACITY TO GENERATE  AND
   11  MAINTAIN  THE EFFICACY DATA REQUIRED UNDER SECTION THREE HUNDRED NINETY-
   12  NINE-F OF THIS TITLE DURING THE  PERIOD  OF  TIME  WHILE  IN  THE  PILOT
   13  PROGRAM.
   14    S  2.  The  vehicle and traffic law is amended by adding a new article
   15  12-D to read as follows:
   16                                ARTICLE 12-D
   17                LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT
   18                       PREVENTION COURSE PILOT PROGRAM
   19  SECTION 399-P. LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT  PREVENTION
   20                   COURSE PILOT PROGRAM.
   21          399-Q. APPLICATION.
   22          399-R. PILOT PROGRAM SCOPE AND DURATION.
   23          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
    1    S  399-P.  LINGUISTIC  AND  CULTURALLY  COMPATIBLE ACCIDENT PREVENTION
    2  COURSE PILOT PROGRAM. THE COMMISSIONER SHALL ESTABLISH AND  IMPLEMENT  A
    3  COMPREHENSIVE  PILOT  PROGRAM  UTILIZING  BUSINESS ENTITIES CERTIFIED AS
    4  MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES UNDER ARTICLE FIFTEEN-A  OF
    5  THE  EXECUTIVE  LAW TO ADMINISTER AN APPROVED ACCIDENT PREVENTION COURSE
    6  FOR THE PURPOSES OF GRANTING POINT AND INSURANCE PREMIUM REDUCTION BENE-
    7  FITS.
    8    S 399-Q.  APPLICATION.  APPLICANTS  FOR  PARTICIPATION  IN  THE  PILOT
    9  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS ARTICLE SHALL BE CERTIFIED AS A
   10  MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE UNDER ARTICLE  FIFTEEN-A  OF
   11  THE  EXECUTIVE  LAW FOR AT LEAST THE THREE YEARS PRECEDING THE EFFECTIVE
   12  DATE OF THIS SECTION, HAVE SOME EXPERIENCE  IN  TEACHING  DRIVER  SAFETY
   13  AND/OR  DRIVER LICENSE PREPARATORY COURSES AND DEMONSTRATE A PROFICIENCY
   14  IN DELIVERING INSTRUCTION IN AT LEAST FOUR OR MORE LANGUAGES OTHER  THAN
   15  ENGLISH WHICH THE COMMISSIONER DESIGNATES AS A PREVALENT LANGUAGE WITHIN
   16  THE  STATE.  IN  ORDER  TO  BE  APPROVED FOR PARTICIPATION IN SUCH PILOT
   17  PROGRAM, THE COURSE MUST COMPLY WITH THE PROVISIONS OF  LAW,  RULES  AND
   18  REGULATIONS  APPLICABLE  THERETO.  THE  COMMISSIONER  MAY, IN HIS OR HER
   19  DISCRETION, IMPOSE A REASONABLE FEE FOR THE SUBMISSION OF EACH  APPLICA-
   20  TION  TO  PARTICIPATE  IN THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS
   21  ARTICLE. SUCH A  FEE  SHALL  NOT  EXCEED  SEVEN  THOUSAND  FIVE  HUNDRED
   22  DOLLARS.
   23    S  399-R.  PILOT  PROGRAM  SCOPE  AND DURATION. THE COMMISSIONER SHALL
   24  CONDUCT A PILOT PROGRAM DESIGNED TO EXPAND THE  CULTURAL  COMPETENCY  OF
   25  PROVIDERS  OF  ACCIDENT  PREVENTION COURSES BY REQUIRING PROVIDERS UNDER
   26  THE PROGRAM TO BE CERTIFIED MINORITY OR  WOMEN-OWNED  ENTERPRISES  UNDER
   27  ARTICLE  FIFTEEN-A  OF THE EXECUTIVE LAW, AND WHO HAVE THE CAPABILITY OF
   28  DELIVERING INSTRUCTION IN AT LEAST FIVE LANGUAGES DESIGNATED AS PREDOMI-
   29  NANT LANGUAGES USED IN THE  STATE  BY  THE  COMMISSIONER,  INCLUSIVE  OF
   30  ENGLISH,  TO STUDENTS PARTICIPATING IN AN ACCIDENT PREVENTION COURSE FOR
   31  POINT AND INSURANCE PREMIUM REDUCTION BENEFITS. APPLICANT  PARTICIPATION
   32  IN THE PILOT PROGRAM SHALL BE LIMITED TO FIVE YEARS.
   33    S  399-S.  REGULATIONS. 1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
   34  TO PROMULGATE ANY RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
   35  PROVISIONS  OF THIS ARTICLE TO ENSURE THE COMPETENT DELIVERY OF INSTRUC-
   36  TION TO STUDENTS ENROLLED IN ACCIDENT  PREVENTION  COURSES  OPERATED  BY
   37  ENTITIES  PARTICIPATING IN THE PILOT PROGRAM AUTHORIZED UNDER THIS ARTI-
   38  CLE, AND  TO  REQUIRE  SAFEGUARDS  TO  ENSURE  THAT  ENROLLEES  ACTUALLY
   39  RECEIVED  SUCH  INSTRUCTION, IN A CLASSROOM SETTING OR VIA THE INTERNET,
   40  PRIOR TO ANY CERTIFICATION THAT AN ENROLLEE HAD  SUCCESSFULLY  COMPLETED
   41  THE  NECESSARY  TRAINING, AND ANY OTHER AND FURTHER RULES OR REGULATIONS
   42  THE COMMISSIONER MAY DEEM NECESSARY AND PROPER.
   43    2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON  EACH  ACCIDENT
   44  PREVENTION  COURSE  SPONSORING  AGENCY APPROVED FOR PARTICIPATION IN THE
   45  PILOT PROGRAM, WHICH SHALL NOT EXCEED TEN DOLLARS FOR EACH  STUDENT  WHO
   46  COMPLETES AN ACCIDENT PREVENTION COURSE UNDER THIS PILOT PROGRAM.
   47    S 3. This act shall take effect immediately.