The New York State Senate

                    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.