Bill S5868-2013

Creates the linguistic and culturally compatible accident prevention course pilot program

Creates the linguistic and culturally compatible accident prevention course pilot program.

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  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jun 18, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5868

TITLE OF BILL: 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

PURPOSE:

We are proposing that New York State implement a pilot program that explores the benefits of expanding the cultural and linguistic competency of providers of accident prevention courses. This will allow us to witness a significant improvement from the status-quo, as New York's fast growing multi-cultural communities will greatly benefit from the course, which would be provided by Minority and Women Owned Business Enterprises.

SUMMARY OF PROVISIONS:

Accident prevention programs offered by culturally and linguistically competent providers will allow multi-cultural communities to better comprehend the instruction offered at these programs by ending the "English only" approach to teaching driver safety. It will also encourage more drivers from multi-cultural communities to partake in accident prevention programs and improve driving conditions in these communities.

The pilot program can be implemented in an orderly fashion without harming existing programs. Most importantly, there is no cost to the state associated with the program.. In fact, the Department of Motor Vehicles will be permitted to collect fees from applicants who wish to offer the program.

To ensure quality accident prevention programs that actually improve safety on our roads, the DMV will be authorized to exclude applicants who don't have experience in teaching accident prevention. The DMV will be authorized to maintain safeguards and oversight to ensure the competent delivery of instruction and the completion of accident prevention training before the driver is issued certification.

Additionally, the entity must be certified as a Minority and Women Owned Business Enterprise (MWBE) for at least three years. The applicant must also demonstrate proficiency in at least four or more languages that are currently used by the DMV as alternative languages during drivers' permit testing.

JUSTIFICATION:

Current New York State regulations are designed to allow a narrow group of providers to help New Yorkers learn about ways to drive safely and avoid accidents. Upon completion of the

accident prevention course, drivers have an opportunity to reduce points on their license. Although there is great interest among drivers for safety programs that help them reduce points, and in many cases lead to lower insurance premiums, the current structure is not consistent with our diverse and dynamic state. Millions of New York drivers consider English to be their second language and identify with various ethnic communities. By implementing this pilot program, New York State will be on its way towards drivers who better understand how to operate safely and avoid accidents in our roads. Our communities will be safer, our drivers more competent, and the DMV more in-tune with our diverse state.

LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 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.
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.

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