Bill Text: NY S03965 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing a pre-licensing course internet program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-22 - REFERRED TO TRANSPORTATION [S03965 Detail]

Download: New_York-2019-S03965-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3965
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 22, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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
          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 and fees.
     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,  by regulation, a comprehensive pilot program to allow
    12  use of the  internet,  for  the  administration  and  completion  of  an
    13  approved  pre-licensing  course, which shall be deemed the equivalent of
    14  the course required by subparagraph (i) of paragraph (a) of  subdivision
    15  four of section five hundred two of this 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.  In
    20  order to be approved for participation in such pilot program, the course
    21  must  comply  with  provisions  of law, rules and regulations applicable
    22  thereto. The commissioner may, in his or her discretion,  impose  a  fee
    23  for  the submission of each application. Such fee shall not exceed seven
    24  thousand five hundred dollars, which shall be deposited in the dedicated
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09883-01-9

        S. 3965                             2
     1  highway and bridge trust fund established pursuant  to  section  eighty-
     2  nine-b of the state finance law.
     3    §  399-r.  Regulations and fees. 1. The commissioner is authorized and
     4  directed to promulgate any rules and regulations necessary to  implement
     5  the  provisions  of  this  article and to insure that the internet pilot
     6  program, as approved by the commissioner, can validate: student identity
     7  at registration and throughout the course; participation throughout  the
     8  course; that time the requirements are met; and successful completion of
     9  the course. Provided, however, that any rules and regulations promulgat-
    10  ed  pursuant to this article shall not stipulate any particular location
    11  for delivery of a pre-licensing course or limit the time of  day  during
    12  which such course may be taken.
    13    2.  The  commissioner  is authorized to impose a fee upon each pre-li-
    14  censing course sponsoring agency approved to deliver such course,  which
    15  shall  not  exceed  eight  dollars  for  each student who completes such
    16  course, and which shall be deposited in the dedicated highway and bridge
    17  trust fund established pursuant to section eighty-nine-b  of  the  state
    18  finance law.
    19    3. The commissioner is hereby authorized to promulgate and adopt on an
    20  emergency  basis  regulations  necessary  for the implementation of this
    21  section.
    22    § 399-s. Pilot program scope  and  duration.  The  commissioner  shall
    23  conduct  a pilot program designed to evaluate utilizing the internet for
    24  delivering an approved pre-licensing course, which shall be  deemed  the
    25  equivalent  of  the course required by subparagraph (i) of paragraph (a)
    26  of subdivision four of section five hundred  two  of  this  chapter,  by
    27  permitting  qualified applicants to participate in the pilot program for
    28  a period of five years.
    29    § 399-t. Report by commissioner. Within five years of  the  establish-
    30  ment  and  implementation of this article, the commissioner shall report
    31  to the governor, the temporary president of the senate and  the  speaker
    32  of  the  assembly on the pre-licensing course internet pilot program and
    33  its results. Such reports shall include recommendations as to the future
    34  use of internet as an effective way, in addition to classroom  presenta-
    35  tion, to deliver to the public approved pre-licensing courses, and qual-
    36  ifications   for   participants  in  such  approved  internet  delivered
    37  programs.
    38    § 2. Paragraph (h) of subdivision 4 of section 502 of the vehicle  and
    39  traffic  law,  as added by section 1 of part L of chapter 59 of the laws
    40  of 2009, is amended to read as follows:
    41    (h) Course completion certificate fee. The fee for a course completion
    42  certificate provided by the department to an entity that is approved  by
    43  the  commissioner  to  offer  the pre-licensing course, required by this
    44  subdivision,  for  issuance  by  such  entity  to  students  upon  their
    45  completion  of  such  pre-licensing course shall be one dollar. Such fee
    46  shall be paid by such entity and shall not be charged to  a  person  who
    47  takes  the course in any manner.  The provisions of this paragraph shall
    48  not apply to a pre-licensing  course  established  pursuant  to  article
    49  twelve-D of this chapter.
    50    § 3. This act shall take effect on the one hundred eightieth day after
    51  it  shall have become a law and shall expire and be deemed repealed five
    52  years after the  date  that  the  pre-licensing  course  internet  pilot
    53  program  is  established  and  implemented  by the commissioner of motor
    54  vehicles pursuant to article 12-D of the vehicle  and  traffic  law,  as
    55  added  by  section  one  of  this act; provided that any rules and regu-
    56  lations necessary to implement the provisions of this act on its  effec-

        S. 3965                             3
     1  tive  date are authorized and directed to be completed on or before such
     2  date; and provided, further, that the  commissioner  of  motor  vehicles
     3  shall  notify the legislative bill drafting commission of the date he or
     4  she  establishes  and implements the pre-licensing course internet pilot
     5  program pursuant to article 12-D of the  vehicle  and  traffic  law,  as
     6  added  by  section  one  of  this act, in order that such commission may
     7  maintain an accurate and timely effective data base of the official text
     8  of the laws of the state of New York in  furtherance  of  effecting  the
     9  provisions  of section 44 of the legislative law and section 70-b of the
    10  public officers law.
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