STATE OF NEW YORK
________________________________________________________________________
5874--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. CUSICK, BARRON, COOK, CROUCH, D'URSO,
JEAN-PIERRE, B. MILLER, PICHARDO, RA, SEAWRIGHT, TAYLOR, THIELE,
ARROYO, LAVINE, BLAKE, WOERNER, BUCHWALD -- Multi-Sponsored by -- M.
of A. HAWLEY, LAWRENCE, LUPARDO, SIMON -- read once and referred to
the Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and state finance law, in
relation to establishing a pre-licensing course internet program; 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. The vehicle and traffic law is amended by adding a new
2 article 12-D to read as follows:
3 ARTICLE 12-D
4 PRE-LICENSING COURSE INTERNET PILOT PROGRAM
5 Section 399-p. Pre-licensing course internet pilot program.
6 399-q. Application.
7 399-r. Regulations, fees and privacy.
8 399-s. Pilot program scope and duration.
9 399-t. Report by commissioner.
10 § 399-p. Pre-licensing course internet pilot program. The commissioner
11 shall establish and implement a comprehensive pilot program to review
12 and study the use of the internet for the administration and completion
13 of an approved pre-licensing course as required by subparagraph (i) of
14 paragraph (a) of subdivision four of section five hundred two of this
15 chapter.
16 § 399-q. Application. An applicant for participation in the pilot
17 program established pursuant to this article shall be an approved spon-
18 sor of an internet accident prevention course, pursuant to article
19 twelve-C of this title, prior to the effective date of this article and
20 which delivers such courses to the public. In order to be approved for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09883-02-9
A. 5874--A 2
1 participation in such pilot program, the course must comply with
2 provisions of law, rules and regulations applicable thereto. The commis-
3 sioner may, in his or her discretion, impose a fee for the submission of
4 each application to participate in the pilot program established pursu-
5 ant to this article. Such fee shall not exceed seven thousand five
6 hundred dollars which shall, excluding administrative expenses of the
7 department, be deposited in the dedicated highway and bridge trust fund
8 established pursuant to section eighty-nine-b of the state finance law.
9 § 399-r. Regulations, fees and privacy. 1. The commissioner is author-
10 ized and directed to promulgate any rules and regulations necessary to
11 implement the provisions of this article and to insure that internet
12 delivered pre-licensing courses as approved by the commissioner and
13 established pursuant to this article, can validate: student identity at
14 registration and throughout the course; participation throughout the
15 course; that time requirements are met; and successful completion of the
16 course. Provided, however, that any rules and regulations promulgated
17 pursuant to this article shall not stipulate any particular location for
18 delivery of a pre-licensing course or limit the time of day during which
19 such course may be taken.
20 2. The commissioner is authorized to impose a fee upon each internet
21 pre-licensing course sponsoring agency approved for participation in the
22 pilot program to deliver such course, which shall not exceed eight
23 dollars for each student who completes such course by means of the pilot
24 program established pursuant to this article. Such fees, excluding
25 administrative expenses of the department, shall be deposited in the
26 dedicated highway and bridge trust fund established pursuant to section
27 eighty-nine-b of the state finance law.
28 3. No internet pre-licensing course sponsoring agency shall disclose
29 or otherwise make available to any person or entity any personal infor-
30 mation obtained by such provider about any student who registers for
31 such course. For the purposes of this article, "personal information"
32 shall mean information that identifies an individual, including an indi-
33 vidual's photo image, social security number, driver identification
34 number, name, address (but not the five-digit zip code), telephone
35 number, and medical or disability information.
36 § 399-s. Pilot program scope and duration. The commissioner shall
37 conduct a pilot program designed to evaluate utilizing the internet for
38 delivering an approved pre-licensing course required by subparagraph (i)
39 of paragraph (a) of subdivision four of section five hundred two of this
40 chapter, by permitting qualified applicants to participate in the pilot
41 program from June thirtieth, two thousand twenty to June thirtieth, two
42 thousand twenty-five.
43 § 399-t. Report by commissioner. No later than June first, two thou-
44 sand twenty-five, the commissioner shall report to the governor, the
45 temporary president of the senate and the speaker of the assembly on the
46 pre-licensing course internet pilot program and its results. Such report
47 shall include recommendations as to the future use of the internet as an
48 effective way, in addition to classroom presentation, to deliver to the
49 public approved pre-licensing courses, and qualifications for partic-
50 ipants in such approved internet delivered programs.
51 § 2. Paragraph (h) of subdivision 4 of section 502 of the vehicle and
52 traffic law, as added by section 1 of part L of chapter 59 of the laws
53 of 2009, is amended to read as follows:
54 (h) Course completion certificate fee. The fee for a course completion
55 certificate provided by the department to an entity that is approved by
56 the commissioner to offer the pre-licensing course, required by this
A. 5874--A 3
1 subdivision, for issuance by such entity to students upon their
2 completion of such pre-licensing course shall be one dollar. Such fee
3 shall be paid by such entity and shall not be charged to a person who
4 takes the course in any manner. The provisions of this paragraph shall
5 not apply to a pre-licensing course established pursuant to article
6 twelve-D of this chapter.
7 § 3. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
8 traffic law, as amended by chapter 403 of the laws of 2009, is amended
9 to read as follows:
10 (d) An applicant for a class DJ or MJ license shall be at least
11 sixteen years of age and such applicant must submit written consent to
12 the issuance of such license by the applicant's parent or guardian. Upon
13 receipt of withdrawal of such consent, any class DJ or MJ license,
14 learner's permit or license application shall be cancelled. No class DJ
15 or MJ license shall be issued unless the applicant presents, at the time
16 of the road test administered pursuant to paragraph (b) of subdivision
17 four of this section, a written certification by the applicant's parent
18 or guardian: (i) that such applicant has operated a motor vehicle for no
19 less than fifty hours, at least fifteen hours of which shall be after
20 sunset, under the immediate supervision of a person as authorized pursu-
21 ant to subparagraph (ii) of paragraph (a) or paragraph (b) of subdivi-
22 sion five of section five hundred one of this article, a driver educa-
23 tion teacher pursuant to section eight hundred six-a of the education
24 law or a driving school instructor pursuant to subdivision seven-a of
25 section three hundred ninety-four of this chapter; and (ii) if such
26 applicant completed an internet delivered pre-licensing course approved
27 by the commissioner pursuant to article twelve-d of this chapter, that
28 such applicant participated throughout such course.
29 § 4. Paragraph (a) of subdivision 3 of section 89-b of the state
30 finance law, as amended by section 7 of part UU of chapter 59 of the
31 laws of 2018, is amended to read as follows:
32 (a) The special obligation reserve and payment account shall consist
33 (i) of all moneys required to be deposited in the dedicated highway and
34 bridge trust fund pursuant to the provisions of sections two hundred
35 five, two hundred eighty-nine-e, three hundred one-j, five hundred
36 fifteen and eleven hundred sixty-seven of the tax law, section four
37 hundred one and article twelve-d of the vehicle and traffic law, and
38 section thirty-one of chapter fifty-six of the laws of nineteen hundred
39 ninety-three, (ii) all fees, fines or penalties collected by the commis-
40 sioner of transportation and the commissioner of motor vehicles pursuant
41 to section fifty-two, section three hundred twenty-six, section eighty-
42 eight of the highway law, subdivision fifteen of section three hundred
43 eighty-five of the vehicle and traffic law, section two of [the] part U1
44 of chapter sixty-two of the laws of two thousand three [that amended
45 this paragraph], subdivision (d) of section three hundred four-a, para-
46 graph one of subdivision (a) and subdivision (d) of section three
47 hundred five, subdivision six-a of section four hundred fifteen and
48 subdivision (g) of section twenty-one hundred twenty-five of the vehicle
49 and traffic law, section fifteen of this chapter, excepting moneys
50 deposited with the state on account of betterments performed pursuant to
51 subdivision twenty-seven or subdivision thirty-five of section ten of
52 the highway law, and section one hundred forty-five of the transporta-
53 tion law, (iii) any moneys collected by the department of transportation
54 for services provided pursuant to agreements entered into in accordance
55 with section ninety-nine-r of the general municipal law, and (iv) any
A. 5874--A 4
1 other moneys collected therefor or credited or transferred thereto from
2 any other fund, account or source.
3 § 5. Paragraph (a) of subdivision 3 of section 89-b of the state
4 finance law, as amended by section 8 of part UU of chapter 59 of the
5 laws of 2018, is amended to read as follows:
6 (a) The special obligation reserve and payment account shall consist
7 (i) of all moneys required to be deposited in the dedicated highway and
8 bridge trust fund pursuant to the provisions of sections two hundred
9 eighty-nine-e, three hundred one-j, five hundred fifteen and eleven
10 hundred sixty-seven of the tax law, section four hundred one and article
11 twelve-d of the vehicle and traffic law, and section thirty-one of chap-
12 ter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
13 fees, fines or penalties collected by the commissioner of transportation
14 and the commissioner of motor vehicles pursuant to section fifty-two,
15 section three hundred twenty-six, section eighty-eight of the highway
16 law, subdivision fifteen of section three hundred eighty-five of the
17 vehicle and traffic law, section fifteen of this chapter, excepting
18 moneys deposited with the state on account of betterments performed
19 pursuant to subdivision twenty-seven or subdivision thirty-five of
20 section ten of the highway law, and section one hundred forty-five of
21 the transportation law, (iii) any moneys collected by the department of
22 transportation for services provided pursuant to agreements entered into
23 in accordance with section ninety-nine-r of the general municipal law,
24 and (iv) any other moneys collected therefor or credited or transferred
25 thereto from any other fund, account or source.
26 § 6. This act shall take effect June 30, 2020 and shall expire and be
27 deemed repealed June 30, 2025; provided, however, that the amendments to
28 paragraph (a) of subdivision 3 of section 89-b of the state finance law
29 made by section four of this act shall be subject to the expiration and
30 reversion of such subdivision pursuant to section 13 of part U1 of chap-
31 ter 62 of the laws of 2003, as amended, when upon such date the
32 provisions of section five of this act shall take effect. Effective
33 immediately, the addition, amendment and/or repeal of any rule or regu-
34 lation necessary for the implementation of this act on its effective
35 date are authorized to be made and completed on or before such effective
36 date.