Bill Text: NY S07672 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the behavioral-based driver retraining program and the behavioral-based driver retraining pilot program fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-12 - REFERRED TO TRANSPORTATION [S07672 Detail]
Download: New_York-2015-S07672-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7672 IN SENATE May 12, 2016 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing the behavioral-based driver retraining programs; to amend the state finance law, in relation to establishing the behavioral-based driver retraining pilot program fund; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby declares that 2 drivers in the state who have reached the point of revocation for traf- 3 fic violations have proven themselves to be problem drivers. In order to 4 provide meaningful safeguards for the general public who are users of 5 the highways, it is determined that additional training is needed for 6 these problem drivers. For this reason, the legislature directs the 7 department of motor vehicles to implement a five-year driver retraining 8 pilot program, requiring those drivers who have reached the point of 9 revocation, in relevant instances, to complete a behavioral-based 10 retraining course to force a change in the attitude and driving habits 11 of problem drivers in order to have their license reinstated. 12 § 2. Subdivision 5 of section 510 of the vehicle and traffic law, as 13 amended by chapter 183 of the laws of 1988, is amended as follows: 14 5. Restoration. A [license or] registration may be restored by direc- 15 tion of the commissioner but not otherwise. A license may be restored 16 by direction of the commissioner but not otherwise; in addition, the 17 completion of a driver retraining program as described in article 18 twelve-D of this chapter in accordance with subdivision five-a of this 19 section shall be required for the restoration of a license from revoca- 20 tion in accordance with paragraphs a and c of subdivision two, subdivi- 21 sion two-a, and subdivision three of this section, with the exception of 22 subparagraphs (ii) and (iii) of paragraph a of subdivision two of this 23 section. Reversal on appeal, of any conviction because of which any 24 license or registration has been revoked or suspended, shall entitle the 25 holder to restoration thereof forthwith. The privileges of a non-resi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13482-05-6S. 7672 2 1 dent may be restored by direction of the commissioner in his discretion 2 but not otherwise. 3 § 3. Section 510 of the vehicle and traffic law is amended by adding a 4 new subdivision 5-a to read as follows: 5 5-a. Driver retraining required. A license revoked in accordance with 6 paragraphs a and c of subdivision two, subdivision two-a, and subdivi- 7 sion three of this section, with the exception of subparagraphs (ii) and 8 (iii) of paragraph a of subdivision two of this section, may be rein- 9 stated, restored, or reissued only upon completion of a driver retrain- 10 ing course as described in article twelve-D of this chapter in addition 11 to the requirements of this section. Upon completion of the driver 12 retraining course, the vendor of the course shall notify the department 13 of such completion. 14 § 4. The vehicle and traffic law is amended by adding a new article 15 12-D to read as follows: 16 ARTICLE 12-D 17 BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM 18 Section 399-p. Statement of purpose. 19 399-q. Definitions. 20 399-r. Course approval by the commissioner. 21 399-s. Application for course approval. 22 399-t. Standards for course approval. 23 399-u. Monitoring retrained drivers and proof of effectiveness. 24 399-v. Deployment of program. 25 399-w. Information to the vendor. 26 399-x. Notifications of drivers. 27 399-y. Fee. 28 399-z. Regulations. 29 399-aa. Report. 30 399-bb. Reapproval of driver retraining courses. 31 § 399-p. Statement of purpose. The purposes of this article are to 32 further highway safety by establishing a program of high quality and 33 effective behavioral-based driver retraining to rehabilitate problem 34 drivers, as defined in this article, through the use of education and 35 explanation. A behavioral-based driver retraining program must influence 36 and challenge participants to change their behind-the-wheel behaviors 37 and attitudes so they will choose to drive safely, responsibly, respect- 38 fully, and lawfully and provide participants with the knowledge, skills, 39 and techniques to improve their driving-related choices, and thereby 40 avoid collisions and decrease future violations. These purposes will be 41 accomplished by establishing strict criteria for initial and continual 42 course sponsorship approval. 43 § 399-q. Definitions. For the purposes of this article, the following 44 terms shall have the following definitions: 45 1. "Problem driver" shall mean a driver that has reached the point of 46 revocation of license, due to traffic infractions, demonstrating he or 47 she is an unusual or immediate risk upon the highways, pursuant to 48 subdivision five-a of section five hundred ten of this chapter. 49 2. "Vendor" shall mean a not-for-profit organization which implements 50 the program and designs, provides, conducts, and audits a behavioral- 51 based driver retraining program approved by the commissioner. 52 3. "Instructor" shall mean an individual employed by a vendor to teach 53 an approved driver retraining course. 54 4. "Driver retraining course" or "course" shall mean the classroom- 55 based behavioral-based driver retraining course curriculum which has 56 been approved by the commissioner.S. 7672 3 1 5. "Completion certificate" shall mean a document which cannot be 2 altered and which is provided to the student who successfully completes 3 the driver retraining course. 4 § 399-r. Course approval by the commissioner. The commissioner shall 5 approve a driver retraining course before any person attending and 6 successfully completing such course may qualify to receive mandatory 7 reinstatement, restoration, or reissuance of a license in accordance 8 with this article and section five hundred ten of this chapter. The 9 commissioner shall base the decision to approve a course upon the 10 requirements set forth in this article and any additional requirements 11 as the commissioner deems necessary. 12 § 399-s. Application for course approval. 1. A vendor seeking approval 13 as a behavioral-based driver retraining course shall apply to the 14 commissioner for approval. Such applications shall be made in writing 15 and on forms prescribed by the commissioner. The application shall 16 include at a minimum: 17 (a) the title or name of the course; 18 (b) the name of the vendor submitting the application; 19 (c) a profile of the vendor's operations, qualifications, and organ- 20 izational capabilities including: 21 (i) a detailed description of its resources and experience relevant to 22 the requirements to deliver this program. 23 (ii) a narrative on how and why its organization is capable of meeting 24 the needs relevant to the delivery of this program. 25 (iii) at least three client references, including name, address, 26 contact person, telephone number, months and years of service, and a 27 description of the services that the vendor provided to the client; 28 (d) evidence of financial stability in the form of audited financial 29 statements for the most recent financial year of the vendor for which 30 statements are available including: 31 (i) statements which demonstrate that the vendor's organization is in 32 sound financial condition, or that appropriate corrective action is 33 being taken to resolve all identified financial problems. 34 (ii) if statements are not available for the last fiscal year, then 35 the vendor may provide a pro forma statement of their most recent 36 filings. If the vendor is a privately held entity that does not wish to 37 submit its balance sheets and revenue statements, it shall demonstrate 38 to the satisfaction of the commissioner that it is a financially stable 39 organization. 40 (iii) alternative information which may be submitted includes, but is 41 not limited to: number of employees, size of customer base, name of 42 bank, name of law firm, name of accounting firm, rate of growth, approx- 43 imate assets and liabilities. 44 (iv) additional information as the commissioner deems necessary; 45 (e) proof of curriculum ownership; 46 (f) a sample program curriculum; 47 (g) proof of course effectiveness as required in subdivision two of 48 section three hundred ninety-nine-u of this article; 49 (h) proof of experience electronically registering, scheduling and 50 maintaining records for all participants in a multi-site training 51 program; 52 (i) the names and addresses of all owners, officers, and directors of 53 the agency or organization; 54 (j) statement certifying that the vendor can provide the personnel 55 sufficient to delivery of the program statewide through the term of the 56 contract and how this commitment will be met; andS. 7672 4 1 (k) such other information or material as the commissioner may 2 prescribe. An application shall not be considered to be complete until 3 all information and material required by this chapter and by regulation 4 of the commissioner has been submitted. 5 2. The commissioner shall either approve or deny an application for 6 course approval no later than ninety days following submission of a 7 completed application. 8 § 399-t. Standards for course approval. 1. Course approval. To be 9 approved, a vendor must: 10 (a) provide a curriculum in accordance with the requirements of this 11 section that includes at least four hundred thirty minutes of instruc- 12 tion with a certified instructor present presented in a single day or a 13 two day session. Nothing in this section shall prevent the use of 14 audio/visual aids as part of the course presentation prescribed by the 15 commissioner. 16 (b) have provided the course for at least ten years prior to the 17 submission of an application. 18 (c) have administered driver retraining on a large volume basis in a 19 class room environment to a minimum of at least fifty thousand persons 20 in a calendar year. 21 (d) provide a description of the minimum qualifications of all manag- 22 ers and instructors who will be hired by the applicant. 23 (e) provide each instructor with an instructor's manual and provide 24 student workbooks and/or manuals for each course participant. 25 (f) provide proof of effectiveness pursuant to section three hundred 26 ninety-nine-u of this article. 27 2. Curriculum. To be approved, the curriculum of the driver retraining 28 course provided for in this article shall include at least the follow- 29 ing: 30 (a) proven educational or psychological principals/methodologies such 31 as Dr. William Glasser's "Choice Theory" as it relates to behind-the- 32 wheel driving behavior; 33 (b) why drivers do or do not choose to obey traffic laws with the 34 primary focus on behaviors rather than excuses; 35 (c) four components of human behavior - doing, thinking, feeling and 36 physiology and the connection between the concepts of needs and wants to 37 behaviors and the human ability to choose behaviors. 38 (d) additional problem driver behaviors including, but not limited to: 39 hazards associated with prescriptive and over-the-counter drugs, includ- 40 ing synergism; impacts of driving with excessive speed; impacts of 41 right-of-way violations; dangers of distracted driving; proper passing 42 and following distances; aggressive driving behaviors; and how fatigue 43 can affect driving behavior. 44 3. Schedules and facilities. (a) Vendor shall set and adhere to 45 published schedules of training classes at designated places, dates and 46 times. Vendor shall submit training class schedule and locations to the 47 commissioner quarterly. 48 (b) Vendor shall offer classes at locations throughout the state. 49 (c) Vendor shall offer a variety of night and weekend courses. 50 (d) Vendor shall be responsible for securing, and/or obtaining permis- 51 sion for the use of appropriate classroom teaching facilities used for 52 re-training programs. 53 (e) Vendor shall be responsible for any costs associated with the use 54 of such facilities, including, but not limited to, rent, lights, heat 55 and insurance, and no reimbursement or indemnification for such costs 56 will be provided by the commissioner.S. 7672 5 1 (f) Vendor shall assure that the facilities and program elements for 2 retraining problem drivers are accessible to drivers with physical disa- 3 bilities and in compliance with the requirements of the Americans with 4 Disabilities Act of 1990. 5 (g) Vendor shall agree that the commissioner reserves the right to 6 reject, at any time, the use of any facility he or she deems unfit for 7 classroom instruction or geographically inconvenient for the regis- 8 trants. 9 4. Business office and telephone. (a) Vendor shall maintain a business 10 office in the state which shall be staffed Monday through Friday, 11 between the hours of 9:00 am and 5:00 pm, to provide the administrative 12 support necessary for successfully maintaining the program. 13 (b) Vendor shall agree to provide a toll-free telephone exchange 14 service number for program registration use. 15 (c) Vendor shall agree to provide a website for program information 16 and registration use. 17 5. Method of instruction. (a) Vendor shall agree to design a curric- 18 ulum based upon the theory that inducing positive changes in attitude 19 and driving behavior of a person who has been identified as a problem 20 driver, as defined in this article, is a proven method of successful 21 driver retraining. 22 (b) Vendor shall have experience in designing and implementing a 23 curriculum based upon proven educational or psychological principles, 24 which may include, but not be limited to, methodologies such as Dr. 25 William Glasser's "Choice Theory." While the commissioner may consider 26 different educational approaches based upon the objective merits of 27 each, it is essential that any proposed curriculum be guided by a clear 28 and consistent educational philosophy. The effectiveness of that philos- 29 ophy in modifying the types of behavior that may lead to the need for 30 driver retraining shall be clearly demonstrated. 31 (c) The curriculum shall include different forms of media to address a 32 diverse community. The training shall include videos of different styles 33 of driving aggressions and ways to defuse these aggressions. 34 (d) The proposed curriculum shall encourage the problem driver to 35 explore and understand his or her own attitudes in various driving situ- 36 ations and to also understand the behavioral driving characteristics 37 that have resulted in the driver's poor driving record. The proposed 38 program shall teach the problem driver that poor behavioral choices made 39 behind the wheel often result in unintended consequences, including 40 motor vehicle violations, or accidents, and that the driver shall appre- 41 ciate the responsibility placed upon each driver to conform his or her 42 driving conduct for the benefit of other motorists, pedestrians, and 43 themselves. Training shall be highly interactive, engaging and take 44 advantage of various forms of media. Classes shall maintain an appropri- 45 ate student to instructor ratio. 46 6. Out-of-state drivers and out-of-state programs. (a) When the 47 commissioner identifies an out-of-state driver as a problem driver, as 48 defined in this article, the vendor shall notify the driver of the 49 availability of the course in New York state using the same means of 50 notification for in-state problem drivers. Vendor shall also notify the 51 out-of-state driver of the name and location of similar programs in the 52 driver's home state, which may qualify for recognition by the commis- 53 sioner. 54 (b) Vendor shall assist the commissioner in determining which out-of- 55 state programs meet the criteria established in the state for a driver 56 retraining program.S. 7672 6 1 (c) Vendor shall coordinate with qualified programs to receive and 2 disseminate information and referrals about problem drivers and about 3 the retraining programs. 4 (d) If a qualified out-of-state program notifies the vendor of the 5 successful completion of the program by an individual problem driver 6 referred from the commissioner, the vendor shall electronically notify 7 the commissioner of such completion. 8 7. Electronic communication. (a) Vendor shall agree that it possesses 9 or will obtain computer hardware/software that is compatible with the 10 hardware/software of the department to allow the vendor and the depart- 11 ment to exchange information directly into each other's computer systems 12 as required. 13 (b) Vendor shall agree that the department will electronically notify 14 the vendor of the names and addresses of the problem drivers requiring 15 retraining. 16 (c) Vendor shall agree that it shall then notify, by letter approved 17 by the commissioner, each identified problem driver of the availability 18 of the course and the required fee. 19 (d) Vendor shall agree that, within one business day of the successful 20 completion of the course by a driver, it will electronically notify the 21 department through an established computer link. 22 8. Costs, fees and transfers. (a) Vendor shall assume all costs of the 23 driver retraining program. 24 (b) Vendor shall agree that each driver required to enroll in the 25 driver retraining program will be assessed a reasonable and uniform fee 26 for the course. Such fee shall not be in excess of the quote of the 27 vendor. 28 (c) Vendor shall arrange for and collect payment of the fee from the 29 registrant. 30 (d) Vendor shall deposit to a designated account of the department by 31 way of electronic funds transfer as instructed by the commissioner, the 32 agreed upon fee collected from the registrant as reimbursement of 33 department program costs. 34 (e) Vendor shall be responsible for any costs associated with the 35 collection of checks drawn on insufficient funds, or on unpaid registra- 36 tion fees. The department will not refund its fee if the vendor fails to 37 recover from the student. 38 9. Personnel. The vendor shall provide a team of personnel consisting 39 of one account manager and personnel sufficient for the delivery of the 40 program statewide. 41 (a) Vendor shall agree to immediately remove any person performing 42 services under a resulting contract who is, in the judgment of the 43 department, disqualified by reason of ethics, competence, criminal 44 behavior, or motor vehicle violations, or any cause whatsoever, from 45 doing commerce with, or providing services for the state. Such person 46 may be reinstated by the vendor only upon clear written notice of the 47 approval of the commissioner. 48 (b) Vendor shall agree that it accepts full responsibility for the 49 performance of any sub-contractors, if used. The vendor may sub-contract 50 the services required to deliver this program, but the department shall 51 require a single point of responsibility for this contract. As prime 52 contractor, the vendor shall identify any and all sub-contractors and 53 shall describe the type of contractual arrangement that will exist 54 between the vendor and the sub-contractors. Vendor shall agree that it 55 shall be responsible for meeting all of the terms and conditions of any 56 contract resulting, including the performance of any sub-contractors.S. 7672 7 1 The department shall not be responsible for payments due a sub-contrac- 2 tor from the primary contractor. 3 (c) Vendor shall agree in its response that each person performing 4 services under this contract shall meet the following requirements: 5 (i) Vendor shall agree to employ only those individuals as instructors 6 who would be reasonably considered qualified instructors for such course 7 by reason of their educational attainments, teaching experience and 8 familiarity with the subject matter and methods used to successfully 9 retrain problem drivers as defined in this article. 10 (ii) An otherwise qualified instructor shall not be used in any of the 11 driver re-training program if the person is ineligible to obtain or 12 retain driving privileges in any jurisdiction. The department may also 13 reject the use of any particular instructor if the department has reason 14 to believe that the instructor is not properly qualified as a retraining 15 instructor. 16 10. The commissioner is authorized to suspend or revoke approval of a 17 vendor should the commissioner find that the vendor or its instructors 18 have been found to be in violation of any applicable laws or regu- 19 lations. 20 § 399-u. Monitoring retrained drivers and proof of effectiveness. 1. 21 Monitoring retrained drivers. (a) Vendor shall agree that the department 22 may monitor driving records of persons who have taken and passed the 23 vendor's driver retraining program. 24 (b) Vendor shall agree that the department may require the vendor to 25 periodically provide the department with information it reasonably 26 believes necessary to monitor the performance of the vendor, including 27 but not limited to, information on numbers of students, number of class- 28 es held, class size, location and frequency of classes, and pass/fail 29 rate. 30 (c) Vendor shall agree to submit on a monthly basis a reconciliation 31 report detailing the number of drivers that have been retrained and the 32 amount of funds transferred to the department. 33 (d) Vendor shall agree to collaborate with the department to create a 34 survey at the end of the class to capture student feedback on their 35 experience. 36 2. Proof of effectiveness. (a) Proof of effectiveness submitted by the 37 vendor for sponsorship shall be verifiable research documentation show- 38 ing evidence of effectiveness as determined by the commissioner in terms 39 of reduced convictions or accidents or both. This research documentation 40 shall employ accepted research principles. In order to establish veri- 41 fiable effectiveness, the sample group shall be comprised of a minimum 42 of three thousand drivers. The documentation shall include conviction 43 or accident data for each motorist for a period of at least eighteen 44 months prior to the revocation date and at least eighteen months subse- 45 quent to reissuance of license. The documentation shall also include a 46 description of the sampling and analytic procedures used, and the motor- 47 ist identification number and course completion date for all course 48 attendees. The vendor for sponsorship shall provide, at the request of 49 the commissioner and at the applicant's expense, all driving record data 50 and analysis used in the development of the submitted research documen- 51 tation. Submission of any fraudulent or intentionally misleading data 52 will disqualify that organization and all owners and principals from 53 participating or approval in the driver retraining course for a period 54 of ten years from submission date. The commissioner may, by regulation, 55 provide for a smaller sample group for specialized courses.S. 7672 8 1 (b) Prior to the end of the pilot program, the vendor shall conduct a 2 study of the effectiveness of the driver retraining program conducted in 3 the state. This proof of effectiveness shall be verifiable research 4 documentation showing evidence of effectiveness as determined by the 5 commissioner in terms of reduced convictions or accidents or both. This 6 research documentation shall employ accepted research principles and 7 include treatment and non-treatment control groups comprised of samples 8 of the representative driver base. In order to establish verifiable 9 effectiveness, each sample group shall be comprised of a minimum of 10 three thousand drivers selected randomly. The documentation shall 11 include conviction or accident data for each motorist for a period of at 12 least eighteen months prior to the revocation date and at least eighteen 13 months subsequent to reissuance of license. The documentation shall also 14 include a description of the sampling and analytic procedures used, and 15 the motorist identification number and course completion date for all 16 course attendees. The vendor shall provide, at the request of the 17 commissioner and at the applicant's expense, all driving record data and 18 analysis used in the development of the submitted research documenta- 19 tion. 20 § 399-v. Deployment of program. Vendor shall propose and provide a 21 start-up deployment plan. The proposed start-up deployment plan timeta- 22 ble shall include realistic milestone dates to indicate when the vendor 23 will meet certain targets. The vendor's start-up deployment plan shall 24 include: 25 1. the number of class locations the vendor intends to have opera- 26 tional by specific dates; 27 2. the number of instructors the vendor plans to hire by specific 28 dates; 29 3. plans to test its computer compatibility with the department data 30 center; and 31 4. a realistic start-up date for full operations of the proposed driv- 32 er retraining program. 33 § 399-w. Information to the vendor. 1. The department will provide the 34 vendor with the names, addresses, and license numbers of those individ- 35 uals who are required to successfully complete a course of driver 36 retraining by electronic media. 37 2. All data provided to the vendor shall be kept in accordance with 38 the requirements of the Driver Privacy Protection Act and any related 39 state requirements. 40 3. The selected vendor will be required to enter into a data privacy 41 agreement with the department once a contract has been awarded. 42 4. The department will update the driver's record upon notification by 43 the vendor of the driver's successful completion of the re-training 44 program. 45 5. The department shall provide the vendor with relevant data neces- 46 sary for the completion of the required effectiveness study. 47 § 399-x. Notifications of drivers. The department shall notify those 48 individual drivers that are required to successfully complete the driver 49 retraining program of this requirement. 50 § 399-y. Fee. The vendor is authorized to impose a fee for partic- 51 ipation in the behavioral-based driver retraining program. The depart- 52 ment shall receive a portion of the fee not to exceed two-fifths. 53 § 399-z. Regulations. The commissioner shall promulgate such rules and 54 regulations as are necessary to effectuate the provisions of this arti- 55 cle. In addition to any requirements expressly authorized by this arti- 56 cle, such regulations may include, but not be limited to, requirementsS. 7672 9 1 and standards with respect to: vendors and instructors; classroom facil- 2 ities; suspension or revocation of approval; appeal of revocation; 3 course administration and advertising; monitoring of courses and 4 instructors; and reevaluation of course effectiveness pursuant to 5 section three hundred ninety-nine-u of this article. 6 § 399-aa. Report. Within five years of the establishment and implemen- 7 tation of this article, the commissioner shall report to the governor, 8 the temporary president of the senate and the speaker of the assembly on 9 the driver retraining program and its results. Such report shall include 10 recommendations as to the future of the program. 11 § 399-bb. Reapproval of driver retraining courses. Nothing in this 12 article shall be deemed to require the commissioner to reapprove motor 13 vehicle driver retraining courses approved by the commissioner pursuant 14 to rules and regulations prior to the effective date of this article. 15 § 5. The state finance law is amended by adding a new section 99-z to 16 read as follows: 17 § 99-z. Behavioral-based driver retraining pilot program fund. 1. 18 There is hereby established in the joint custody of the state comp- 19 troller and the commissioner of taxation and finance a special fund to 20 be known as the "driver retraining pilot program fund". 21 2. Such fund shall consist of all fees received by the department of 22 motor vehicles pursuant to the provisions of article twelve-D of the 23 vehicle and traffic law, and all other moneys appropriated, credited or 24 transferred thereto from any other fund or source pursuant to law. 25 3. The moneys in such fund shall be expended only for the purposes of 26 administering and implementing the provisions of article twelve-D of the 27 vehicle and traffic law by the department of motor vehicles. 28 § 6. This act shall take effect one year after it shall have become a 29 law and shall expire and be deemed repealed 5 years after the date the 30 behavioral-based driver retraining pilot program is established and 31 implemented by the commissioner of motor vehicles pursuant to article 32 12-D of the vehicle and traffic law as added by section four of this 33 act; provided however, that effective immediately, the addition, amend- 34 ment, or repeal of any rule or regulation necessary for the implementa- 35 tion of this act shall be made and completed on or before such effective 36 date; and provided further, however, that the commissioner of motor 37 vehicles shall notify the legislative bill drafting commission upon the 38 date the behavioral-based driver retraining pilot program is established 39 and implemented in order that the commission may maintain an accurate 40 and timely effective data base of the official text of the laws of the 41 state of New York in furtherance of effectuating the provisions of 42 section 44 of the legislative law and section 70-b of the public offi- 43 cers law.
