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S03965 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3965--A
            Cal. No. 1305
 
                               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 --  commit-
          tee  discharged  and  said bill committed to the Committee on Rules --
          reported favorably from said committee, ordered to  a  third  reading,
          passed  by Senate and delivered to the Assembly, recalled, vote recon-
          sidered, restored to third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09883-03-9
        S. 3965--A                          2
 
     1  which  delivers  such courses to the public. In order to be approved for
     2  participation in  such  pilot  program,  the  course  must  comply  with
     3  provisions of law, rules and regulations applicable thereto. The commis-
     4  sioner may, in his or her discretion, impose a fee for the submission of
     5  each  application to participate in the pilot program established pursu-
     6  ant to this article. Such fee  shall  not  exceed  seven  thousand  five
     7  hundred  dollars  which  shall, excluding administrative expenses of the
     8  department, be deposited in the dedicated highway and bridge trust  fund
     9  established pursuant to section eighty-nine-b of the state finance law.
    10    § 399-r. Regulations, fees and privacy. 1. The commissioner is author-
    11  ized  and  directed to promulgate any rules and regulations necessary to
    12  implement the provisions of this article and  to  insure  that  internet
    13  delivered  pre-licensing  courses  as  approved  by the commissioner and
    14  established pursuant to this article, can validate: student identity  at
    15  registration  and  throughout  the  course; participation throughout the
    16  course; that time requirements are met; and successful completion of the
    17  course. Provided, however, that any rules  and  regulations  promulgated
    18  pursuant to this article shall not stipulate any particular location for
    19  delivery of a pre-licensing course or limit the time of day during which
    20  such course may be taken.
    21    2.  The  commissioner is authorized to impose a fee upon each internet
    22  pre-licensing course sponsoring agency approved for participation in the
    23  pilot program to deliver such  course,  which  shall  not  exceed  eight
    24  dollars for each student who completes such course by means of the pilot
    25  program  established  pursuant  to  this article.   Such fees, excluding
    26  administrative expenses of the department, shall  be  deposited  in  the
    27  dedicated  highway and bridge trust fund established pursuant to section
    28  eighty-nine-b of the state finance law.
    29    3. No internet pre-licensing course sponsoring agency  shall  disclose
    30  or  otherwise make available to any person or entity any personal infor-
    31  mation obtained by such provider about any  student  who  registers  for
    32  such  course.  For  the purposes of this article, "personal information"
    33  shall mean information that identifies an individual, including an indi-
    34  vidual's photo image,  social  security  number,  driver  identification
    35  number,  name,  address  (but  not  the  five-digit zip code), telephone
    36  number, and medical or disability information.
    37    § 399-s. Pilot program scope  and  duration.  The  commissioner  shall
    38  conduct  a pilot program designed to evaluate utilizing the internet for
    39  delivering an approved pre-licensing course required by subparagraph (i)
    40  of paragraph (a) of subdivision four of section five hundred two of this
    41  chapter, by permitting qualified applicants to participate in the  pilot
    42  program  from June thirtieth, two thousand twenty to June thirtieth, two
    43  thousand twenty-five.
    44    § 399-t. Report by commissioner. No later than June first,  two  thou-
    45  sand  twenty-five,  the  commissioner  shall report to the governor, the
    46  temporary president of the senate and the speaker of the assembly on the
    47  pre-licensing course internet pilot program and its results. Such report
    48  shall include recommendations as to the future use of the internet as an
    49  effective way, in addition to classroom presentation, to deliver to  the
    50  public  approved  pre-licensing  courses, and qualifications for partic-
    51  ipants in such approved internet delivered programs.
    52    § 2. Paragraph (h) of subdivision 4 of section 502 of the vehicle  and
    53  traffic  law,  as added by section 1 of part L of chapter 59 of the laws
    54  of 2009, is amended to read as follows:
    55    (h) Course completion certificate fee. The fee for a course completion
    56  certificate provided by the department to an entity that is approved  by
        S. 3965--A                          3
 
     1  the  commissioner  to  offer  the pre-licensing course, required by this
     2  subdivision,  for  issuance  by  such  entity  to  students  upon  their
     3  completion  of  such  pre-licensing course shall be one dollar. Such fee
     4  shall  be  paid  by such entity and shall not be charged to a person who
     5  takes the course in any manner.  The provisions of this paragraph  shall
     6  not  apply  to  a  pre-licensing  course established pursuant to article
     7  twelve-D of this chapter.
     8    § 3. Paragraph (d) of subdivision 2 of section 502 of the vehicle  and
     9  traffic  law,  as amended by chapter 403 of the laws of 2009, is amended
    10  to read as follows:
    11    (d) An applicant for a class DJ  or  MJ  license  shall  be  at  least
    12  sixteen  years  of age and such applicant must submit written consent to
    13  the issuance of such license by the applicant's parent or guardian. Upon
    14  receipt of withdrawal of such consent,  any  class  DJ  or  MJ  license,
    15  learner's  permit or license application shall be cancelled. No class DJ
    16  or MJ license shall be issued unless the applicant presents, at the time
    17  of the road test administered pursuant to paragraph (b)  of  subdivision
    18  four  of this section, a written certification by the applicant's parent
    19  or guardian: (i) that such applicant has operated a motor vehicle for no
    20  less than fifty hours, at least fifteen hours of which  shall  be  after
    21  sunset, under the immediate supervision of a person as authorized pursu-
    22  ant  to  subparagraph (ii) of paragraph (a) or paragraph (b) of subdivi-
    23  sion five of section five hundred one of this article, a  driver  educa-
    24  tion  teacher  pursuant  to section eight hundred six-a of the education
    25  law or a driving school instructor pursuant to  subdivision  seven-a  of
    26  section  three  hundred  ninety-four  of  this chapter; and (ii) if such
    27  applicant completed an internet delivered pre-licensing course  approved
    28  by  the  commissioner pursuant to article twelve-d of this chapter, that
    29  such applicant participated throughout such course.
    30    § 4. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
    31  finance  law,  as  amended  by section 7 of part UU of chapter 59 of the
    32  laws of 2018, is amended to read as follows:
    33    (a) The special obligation reserve and payment account  shall  consist
    34  (i)  of all moneys required to be deposited in the dedicated highway and
    35  bridge trust fund pursuant to the provisions  of  sections  two  hundred
    36  five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
    37  fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
    38  hundred  one  and  article  twelve-d of the vehicle and traffic law, and
    39  section thirty-one of chapter fifty-six of the laws of nineteen  hundred
    40  ninety-three, (ii) all fees, fines or penalties collected by the commis-
    41  sioner of transportation and the commissioner of motor vehicles pursuant
    42  to  section fifty-two, section three hundred twenty-six, section eighty-
    43  eight of the highway law, subdivision fifteen of section  three  hundred
    44  eighty-five of the vehicle and traffic law, section two of [the] part U1
    45  of  chapter  sixty-two  of  the laws of two thousand three [that amended
    46  this paragraph], subdivision (d) of section three hundred four-a,  para-
    47  graph  one  of  subdivision  (a)  and  subdivision  (d) of section three
    48  hundred five, subdivision six-a of  section  four  hundred  fifteen  and
    49  subdivision (g) of section twenty-one hundred twenty-five of the vehicle
    50  and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
    51  deposited with the state on account of betterments performed pursuant to
    52  subdivision twenty-seven or subdivision thirty-five of  section  ten  of
    53  the  highway  law, and section one hundred forty-five of the transporta-
    54  tion law, (iii) any moneys collected by the department of transportation
    55  for services provided pursuant to agreements entered into in  accordance
    56  with  section  ninety-nine-r  of the general municipal law, and (iv) any
        S. 3965--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.

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