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.