S T A T E O F N E W Y O R K
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3965--A
Cal. No. 1305
2019-2020 Regular Sessions
I N S E N A T E
February 22, 2019
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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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09883-03-9
S. 3965--A 2
WHICH DELIVERS SUCH COURSES TO THE PUBLIC. 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 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
S. 3965--A 3
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. 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
S. 3965--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.
