S T A T E O F N E W Y O R K
________________________________________________________________________
10602
I N A S S E M B L Y
May 8, 2018
___________
Introduced by M. of A. CUSICK, BARRON, COOK, CROUCH, D'URSO, ERRIGO,
JEAN-PIERRE, McDONALD, B. MILLER, PICHARDO, RA, SEAWRIGHT, TAYLOR,
THIELE -- Multi-Sponsored by -- M. of A. HAWLEY, HIKIND, LAWRENCE,
LUPARDO, SIMON -- read once and referred to the Committee on Transpor-
tation
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:
Section 1. The vehicle and traffic law is amended by adding a new
article 12-D to read as follows:
ARTICLE 12-D
PRE-LICENSING COURSE INTERNET PILOT PROGRAM
SECTION 399-P. PRE-LICENSING COURSE INTERNET PILOT PROGRAM.
399-Q. APPLICATION.
399-R. REGULATIONS AND FEES.
399-S. PILOT PROGRAM SCOPE AND DURATION.
399-T. REPORT BY COMMISSIONER.
§ 399-P. PRE-LICENSING COURSE INTERNET PILOT PROGRAM. THE COMMISSIONER
SHALL ESTABLISH, BY REGULATION, A COMPREHENSIVE PILOT PROGRAM TO ALLOW
USE OF THE INTERNET, FOR THE ADMINISTRATION AND COMPLETION OF AN
APPROVED PRE-LICENSING COURSE, WHICH SHALL BE DEEMED THE EQUIVALENT OF
THE COURSE REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION
FOUR OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
§ 399-Q. APPLICATION. AN APPLICANT FOR PARTICIPATION IN THE PILOT
PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE SHALL BE AN APPROVED SPON-
SOR OF AN INTERNET ACCIDENT PREVENTION COURSE, PURSUANT TO ARTICLE
TWELVE-C OF THIS TITLE, PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE. IN
ORDER TO BE APPROVED FOR PARTICIPATION IN SUCH PILOT PROGRAM, THE COURSE
MUST COMPLY WITH PROVISIONS OF LAW, RULES AND REGULATIONS APPLICABLE
THERETO. THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, IMPOSE A FEE
FOR THE SUBMISSION OF EACH APPLICATION. SUCH FEE SHALL NOT EXCEED SEVEN
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.
LBD15518-01-8
A. 10602 2
HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-
NINE-B OF THE STATE FINANCE LAW.
§ 399-R. REGULATIONS AND FEES. 1. THE COMMISSIONER IS AUTHORIZED AND
DIRECTED TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS ARTICLE AND TO INSURE THAT THE INTERNET PILOT
PROGRAM, AS APPROVED BY THE COMMISSIONER, CAN VALIDATE: STUDENT IDENTITY
AT REGISTRATION AND THROUGHOUT THE COURSE; PARTICIPATION THROUGHOUT THE
COURSE; THAT TIME THE REQUIREMENTS ARE MET; AND SUCCESSFUL COMPLETION OF
THE COURSE. PROVIDED, HOWEVER, THAT ANY RULES AND REGULATIONS PROMULGAT-
ED PURSUANT TO THIS ARTICLE SHALL NOT STIPULATE ANY PARTICULAR LOCATION
FOR DELIVERY OF A PRE-LICENSING COURSE OR LIMIT THE TIME OF DAY DURING
WHICH SUCH COURSE MAY BE TAKEN.
2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON EACH PRE-LI-
CENSING COURSE SPONSORING AGENCY APPROVED TO DELIVER SUCH COURSE, WHICH
SHALL NOT EXCEED EIGHT DOLLARS FOR EACH STUDENT WHO COMPLETES SUCH
COURSE, AND WHICH SHALL BE DEPOSITED IN THE DEDICATED HIGHWAY AND BRIDGE
TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE
FINANCE LAW.
3. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE AND ADOPT ON AN
EMERGENCY BASIS REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS
SECTION.
§ 399-S. PILOT PROGRAM SCOPE AND DURATION. THE COMMISSIONER SHALL
CONDUCT A PILOT PROGRAM DESIGNED TO EVALUATE UTILIZING THE INTERNET FOR
DELIVERING AN APPROVED PRE-LICENSING COURSE, WHICH SHALL BE DEEMED THE
EQUIVALENT OF THE COURSE REQUIRED BY SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED TWO OF THIS CHAPTER, BY
PERMITTING QUALIFIED APPLICANTS TO PARTICIPATE IN THE PILOT PROGRAM FOR
A PERIOD OF FIVE YEARS.
§ 399-T. REPORT BY COMMISSIONER. WITHIN FIVE YEARS OF THE ESTABLISH-
MENT AND IMPLEMENTATION OF THIS ARTICLE, THE COMMISSIONER SHALL REPORT
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY ON THE PRE-LICENSING COURSE INTERNET PILOT PROGRAM AND
ITS RESULTS. SUCH REPORTS SHALL INCLUDE RECOMMENDATIONS AS TO THE FUTURE
USE OF INTERNET AS AN EFFECTIVE WAY, IN ADDITION TO CLASSROOM PRESENTA-
TION, TO DELIVER TO THE PUBLIC APPROVED PRE-LICENSING COURSES, AND QUAL-
IFICATIONS FOR PARTICIPANTS IN SUCH APPROVED INTERNET DELIVERED
PROGRAMS.
§ 2. Paragraph (h) of subdivision 4 of section 502 of the vehicle and
traffic law, as added by section 1 of part L of chapter 59 of the laws
of 2009, is amended to read as follows:
(h) Course completion certificate fee. The fee for a course completion
certificate provided by the department to an entity that is approved by
the commissioner to offer the pre-licensing course, required by this
subdivision, for issuance by such entity to students upon their
completion of such pre-licensing course shall be one dollar. Such fee
shall be paid by such entity and shall not be charged to a person who
takes the course in any manner. THE PROVISIONS OF THIS PARAGRAPH SHALL
NOT APPLY TO A PRE-LICENSING COURSE ESTABLISHED PURSUANT TO ARTICLE
TWELVE-D OF THIS CHAPTER.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed five
years after the date that the pre-licensing course internet pilot
program is established and implemented by the commissioner of motor
vehicles pursuant to article 12-D of the vehicle and traffic law, as
added by section one of this act; provided that any rules and regu-
lations necessary to implement the provisions of this act on its effec-
A. 10602 3
tive date are authorized and directed to be completed on or before such
date; and provided, further, that the commissioner of motor vehicles
shall notify the legislative bill drafting commission of the date he or
she establishes and implements the pre-licensing course internet pilot
program pursuant to article 12-D of the vehicle and traffic law, as
added by section one of this act, in order that such commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.