S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8237
 
                             I N  S E N A T E
 
                              April 20, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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
 HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT  TO  SECTION  EIGHTY-
 NINE-B OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15518-01-8

 S. 8237                             2
 
   §  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-
 tive date are authorized and directed to be completed on or before  such
 date;  and  provided,  further,  that the commissioner of motor vehicles

 S. 8237                             3
 
 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.