S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5874--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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, FEES AND PRIVACY.
         399-S. PILOT PROGRAM SCOPE AND DURATION.
         399-T. REPORT BY COMMISSIONER.
   § 399-P. PRE-LICENSING COURSE INTERNET PILOT PROGRAM. THE COMMISSIONER
 SHALL  ESTABLISH  AND  IMPLEMENT A COMPREHENSIVE PILOT PROGRAM TO REVIEW
 AND STUDY THE USE OF THE INTERNET FOR THE ADMINISTRATION AND  COMPLETION
 OF  AN  APPROVED PRE-LICENSING COURSE AS 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  AND
 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
 
 PARTICIPATION IN  SUCH  PILOT  PROGRAM,  THE  COURSE  MUST  COMPLY  WITH
 PROVISIONS OF LAW, RULES AND REGULATIONS APPLICABLE THERETO. THE COMMIS-
 SIONER MAY, IN HIS OR HER DISCRETION, IMPOSE A FEE FOR THE SUBMISSION OF
 EACH  APPLICATION TO PARTICIPATE IN THE PILOT PROGRAM ESTABLISHED PURSU-
 ANT TO THIS ARTICLE. SUCH FEE  SHALL  NOT  EXCEED  SEVEN  THOUSAND  FIVE
 HUNDRED  DOLLARS  WHICH  SHALL, EXCLUDING ADMINISTRATIVE EXPENSES OF THE
 DEPARTMENT, BE DEPOSITED IN THE DEDICATED HIGHWAY AND BRIDGE TRUST  FUND
 ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   § 399-R. REGULATIONS, FEES AND PRIVACY. 1. THE COMMISSIONER IS AUTHOR-
 IZED  AND  DIRECTED TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS ARTICLE AND  TO  INSURE  THAT  INTERNET
 DELIVERED  PRE-LICENSING  COURSES  AS  APPROVED  BY THE COMMISSIONER AND
 ESTABLISHED PURSUANT TO THIS ARTICLE, CAN VALIDATE: STUDENT IDENTITY  AT
 REGISTRATION  AND  THROUGHOUT  THE  COURSE; PARTICIPATION THROUGHOUT THE
 COURSE; THAT TIME REQUIREMENTS ARE MET; AND SUCCESSFUL COMPLETION OF THE
 COURSE. PROVIDED, HOWEVER, THAT ANY RULES  AND  REGULATIONS  PROMULGATED
 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 INTERNET
 PRE-LICENSING COURSE SPONSORING AGENCY APPROVED FOR PARTICIPATION IN THE
 PILOT PROGRAM TO DELIVER SUCH  COURSE,  WHICH  SHALL  NOT  EXCEED  EIGHT
 DOLLARS FOR EACH STUDENT WHO COMPLETES SUCH COURSE BY MEANS OF THE PILOT
 PROGRAM  ESTABLISHED  PURSUANT  TO  THIS ARTICLE.   SUCH FEES, EXCLUDING
 ADMINISTRATIVE EXPENSES OF THE DEPARTMENT, SHALL  BE  DEPOSITED  IN  THE
 DEDICATED  HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
 EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   3. NO INTERNET PRE-LICENSING COURSE SPONSORING AGENCY  SHALL  DISCLOSE
 OR  OTHERWISE MAKE AVAILABLE TO ANY PERSON OR ENTITY ANY PERSONAL INFOR-
 MATION OBTAINED BY SUCH PROVIDER ABOUT ANY  STUDENT  WHO  REGISTERS  FOR
 SUCH  COURSE.  FOR  THE PURPOSES OF THIS ARTICLE, "PERSONAL INFORMATION"
 SHALL MEAN INFORMATION THAT IDENTIFIES AN INDIVIDUAL, INCLUDING AN INDI-
 VIDUAL'S PHOTO IMAGE,  SOCIAL  SECURITY  NUMBER,  DRIVER  IDENTIFICATION
 NUMBER,  NAME,  ADDRESS  (BUT  NOT  THE  FIVE-DIGIT ZIP CODE), TELEPHONE
 NUMBER, AND MEDICAL OR DISABILITY INFORMATION.
   § 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 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  FROM JUNE THIRTIETH, TWO THOUSAND TWENTY TO JUNE THIRTIETH, TWO
 THOUSAND TWENTY-FIVE.
   § 399-T. REPORT BY COMMISSIONER. NO LATER THAN JUNE FIRST,  TWO  THOU-
 SAND  TWENTY-FIVE,  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 REPORT
 SHALL INCLUDE RECOMMENDATIONS AS TO THE FUTURE USE OF THE INTERNET AS AN
 EFFECTIVE WAY, IN ADDITION TO CLASSROOM PRESENTATION, TO DELIVER TO  THE
 PUBLIC  APPROVED  PRE-LICENSING  COURSES, AND QUALIFICATIONS FOR PARTIC-
 IPANTS 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

 A. 5874--A                          3
 
 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. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
 traffic law, as amended by chapter 403 of the laws of 2009,  is  amended
 to read as follows:
   (d)  An  applicant  for  a  class  DJ  or MJ license shall be at least
 sixteen years of age and such applicant must submit written  consent  to
 the issuance of such license by the applicant's parent or guardian. Upon
 receipt  of  withdrawal  of  such  consent,  any class DJ or MJ license,
 learner's permit or license application shall be cancelled. No class  DJ
 or MJ license shall be issued unless the applicant presents, at the time
 of  the  road test administered pursuant to paragraph (b) of subdivision
 four of this section, a written certification by the applicant's  parent
 or guardian: (I) that such applicant has operated a motor vehicle for no
 less  than  fifty  hours, at least fifteen hours of which shall be after
 sunset, under the immediate supervision of a person as authorized pursu-
 ant to subparagraph (ii) of paragraph (a) or paragraph (b)  of  subdivi-
 sion  five  of section five hundred one of this article, a driver educa-
 tion teacher pursuant to section eight hundred six-a  of  the  education
 law  or  a  driving school instructor pursuant to subdivision seven-a of
 section three hundred ninety-four of this  chapter;  AND  (II)  IF  SUCH
 APPLICANT  COMPLETED AN INTERNET DELIVERED PRE-LICENSING COURSE APPROVED
 BY THE COMMISSIONER PURSUANT TO ARTICLE TWELVE-D OF THIS  CHAPTER,  THAT
 SUCH APPLICANT PARTICIPATED THROUGHOUT SUCH COURSE.
   §  4.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 7 of part UU of  chapter  59  of  the
 laws of 2018, is amended to read as follows:
   (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
 fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
 hundred one AND ARTICLE TWELVE-D of the vehicle  and  traffic  law,  and
 section  thirty-one of chapter fifty-six of the laws of nineteen hundred
 ninety-three, (ii) all fees, fines or penalties collected by the commis-
 sioner of transportation and the commissioner of motor vehicles pursuant
 to section fifty-two, section three hundred twenty-six, section  eighty-
 eight  of  the highway law, subdivision fifteen of section three hundred
 eighty-five of the vehicle and traffic law, section two of [the] PART U1
 OF chapter SIXTY-TWO of the laws of two  thousand  three  [that  amended
 this  paragraph], subdivision (d) of section three hundred four-a, para-
 graph one of subdivision  (a)  and  subdivision  (d)  of  section  three
 hundred  five,  subdivision  six-a  of  section four hundred fifteen and
 subdivision (g) of section twenty-one hundred twenty-five of the vehicle
 and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision  twenty-seven  or  subdivision thirty-five of section ten of
 the highway law, and section one hundred forty-five of  the  transporta-
 tion law, (iii) any moneys collected by the department of transportation
 for  services provided pursuant to agreements entered into in accordance
 with section ninety-nine-r of the general municipal law,  and  (iv)  any

 A. 5874--A                          4
 
 other  moneys collected therefor or credited or transferred thereto from
 any other fund, account or source.
   §  5.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 8 of part UU of  chapter  59  of  the
 laws of 2018, is amended to read as follows:
   (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
 hundred sixty-seven of the tax law, section four hundred one AND ARTICLE
 TWELVE-D of the vehicle and traffic law, and section thirty-one of chap-
 ter  fifty-six  of  the  laws of nineteen hundred ninety-three, (ii) all
 fees, fines or penalties collected by the commissioner of transportation
 and the commissioner of motor vehicles pursuant  to  section  fifty-two,
 section  three  hundred  twenty-six, section eighty-eight of the highway
 law, subdivision fifteen of section three  hundred  eighty-five  of  the
 vehicle  and  traffic  law,  section  fifteen of this chapter, excepting
 moneys deposited with the state  on  account  of  betterments  performed
 pursuant  to  subdivision  twenty-seven  or  subdivision  thirty-five of
 section ten of the highway law, and section one  hundred  forty-five  of
 the  transportation law, (iii) any moneys collected by the department of
 transportation for services provided pursuant to agreements entered into
 in accordance with section ninety-nine-r of the general  municipal  law,
 and  (iv) any other moneys collected therefor or credited or transferred
 thereto from any other fund, account or source.
   § 6. This act shall take effect June 30, 2020 and shall expire and  be
 deemed repealed June 30, 2025; provided, however, that the amendments to
 paragraph  (a) of subdivision 3 of section 89-b of the state finance law
 made by section four of this act shall be subject to the expiration  and
 reversion of such subdivision pursuant to section 13 of part U1 of chap-
 ter  62  of  the  laws  of  2003,  as  amended,  when upon such date the
 provisions of section five of this act shall  take  effect.    Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.