Bill Text: NY S05868 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the linguistic and culturally compatible accident prevention course pilot program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S05868 Detail]
Download: New_York-2013-S05868-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
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:
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11586-01-3
S. 5868 2 A. 8094
1 399-R. PILOT PROGRAM SCOPE AND DURATION.
2 399-S. REGULATIONS.
3 S 399-P. LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT PREVENTION
4 COURSE PILOT PROGRAM. THE COMMISSIONER SHALL ESTABLISH AND IMPLEMENT A
5 COMPREHENSIVE PILOT PROGRAM UTILIZING BUSINESS ENTITIES CERTIFIED AS
6 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES UNDER ARTICLE FIFTEEN-A OF
7 THE EXECUTIVE LAW TO ADMINISTER AN APPROVED ACCIDENT PREVENTION COURSE
8 FOR THE PURPOSES OF GRANTING POINT AND INSURANCE PREMIUM REDUCTION BENE-
9 FITS.
10 S 399-Q. APPLICATION. APPLICANTS FOR PARTICIPATION IN THE PILOT
11 PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE SHALL BE CERTIFIED AS A
12 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE UNDER ARTICLE FIFTEEN-A OF
13 THE EXECUTIVE LAW FOR AT LEAST THE THREE YEARS PRECEDING THE EFFECTIVE
14 DATE OF THIS SECTION, HAVE SOME EXPERIENCE IN TEACHING DRIVER SAFETY
15 AND/OR DRIVER LICENSE PREPARATORY COURSES AND DEMONSTRATE A PROFICIENCY
16 IN DELIVERING INSTRUCTION IN AT LEAST FOUR OR MORE LANGUAGES OTHER THAN
17 ENGLISH WHICH THE COMMISSIONER DESIGNATES AS A PREVALENT LANGUAGE WITHIN
18 THE STATE. IN ORDER TO BE APPROVED FOR PARTICIPATION IN SUCH PILOT
19 PROGRAM, THE COURSE MUST COMPLY WITH THE PROVISIONS OF LAW, RULES AND
20 REGULATIONS APPLICABLE THERETO. THE COMMISSIONER MAY, IN HIS OR HER
21 DISCRETION, IMPOSE A REASONABLE FEE FOR THE SUBMISSION OF EACH APPLICA-
22 TION TO PARTICIPATE IN THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS
23 ARTICLE. SUCH A FEE SHALL NOT EXCEED SEVEN THOUSAND FIVE HUNDRED
24 DOLLARS.
25 S 399-R. PILOT PROGRAM SCOPE AND DURATION. THE COMMISSIONER SHALL
26 CONDUCT A PILOT PROGRAM DESIGNED TO EXPAND THE CULTURAL COMPETENCY OF
27 PROVIDERS OF ACCIDENT PREVENTION COURSES BY REQUIRING PROVIDERS UNDER
28 THE PROGRAM TO BE CERTIFIED MINORITY OR WOMEN-OWNED ENTERPRISES UNDER
29 ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, AND WHO HAVE THE CAPABILITY OF
30 DELIVERING INSTRUCTION IN AT LEAST FIVE LANGUAGES DESIGNATED AS PREDOMI-
31 NANT LANGUAGES USED IN THE STATE BY THE COMMISSIONER, INCLUSIVE OF
32 ENGLISH, TO STUDENTS PARTICIPATING IN AN ACCIDENT PREVENTION COURSE FOR
33 POINT AND INSURANCE PREMIUM REDUCTION BENEFITS. APPLICANT PARTICIPATION
34 IN THE PILOT PROGRAM SHALL BE LIMITED TO FIVE YEARS.
35 S 399-S. REGULATIONS. 1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
36 TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
37 PROVISIONS OF THIS ARTICLE TO ENSURE THE COMPETENT DELIVERY OF INSTRUC-
38 TION TO STUDENTS ENROLLED IN ACCIDENT PREVENTION COURSES OPERATED BY
39 ENTITIES PARTICIPATING IN THE PILOT PROGRAM AUTHORIZED UNDER THIS ARTI-
40 CLE, AND TO REQUIRE SAFEGUARDS TO ENSURE THAT ENROLLEES ACTUALLY
41 RECEIVED SUCH INSTRUCTION, IN A CLASSROOM SETTING OR VIA THE INTERNET,
42 PRIOR TO ANY CERTIFICATION THAT AN ENROLLEE HAD SUCCESSFULLY COMPLETED
43 THE NECESSARY TRAINING, AND ANY OTHER AND FURTHER RULES OR REGULATIONS
44 THE COMMISSIONER MAY DEEM NECESSARY AND PROPER.
45 2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON EACH ACCIDENT
46 PREVENTION COURSE SPONSORING AGENCY APPROVED FOR PARTICIPATION IN THE
47 PILOT PROGRAM, WHICH SHALL NOT EXCEED TEN DOLLARS FOR EACH STUDENT WHO
48 COMPLETES AN ACCIDENT PREVENTION COURSE UNDER THIS PILOT PROGRAM.
49 S 3. This act shall take effect immediately.
