S T A T E   O F   N E W   Y O R K
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    S. 5868                                                  A. 8094

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 18, 2013
                               ___________

IN  SENATE  --  Introduced  by  Sen. ESPAILLAT -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

IN ASSEMBLY -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11586-01-3
              

S. 5868                             2                            A. 8094

        399-R. PILOT PROGRAM SCOPE AND DURATION.
        399-S. REGULATIONS.
  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.