A05874 Summary:

BILL NOA05874
 
SAME ASSAME AS S03965
 
SPONSORCusick (MS)
 
COSPNSRBarron, Cook, Crouch, D'Urso, Jean-Pierre, Miller B, Pichardo, Ra, Seawright, Taylor, Thiele, Arroyo, Lavine, Blake, Woerner, Buchwald
 
MLTSPNSRHawley, Lawrence, Lupardo, Simon
 
Add Art 12-D 399-p - 399-t, amd 502, V & T L
 
Relates to establishing a pre-licensing course internet program.
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A05874 Actions:

BILL NOA05874
 
02/20/2019referred to transportation
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A05874 Committee Votes:

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A05874 Floor Votes:

There are no votes for this bill in this legislative session.
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A05874 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5874
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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

        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:
 
     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 and fees.
     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, by regulation, a comprehensive pilot program  to  allow
    12  use  of  the  internet,  for  the  administration  and  completion of an
    13  approved pre-licensing course, which shall be deemed the  equivalent  of
    14  the  course required by subparagraph (i) of paragraph (a) of subdivision
    15  four of section five hundred two of this 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. In
    20  order to be approved for participation in such pilot program, the course
    21  must comply with provisions of law,  rules  and  regulations  applicable
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09883-01-9

        A. 5874                             2
 
     1  thereto.  The  commissioner  may, in his or her discretion, impose a fee
     2  for the submission of each application. Such fee shall not exceed  seven
     3  thousand five hundred dollars, which shall be deposited in the dedicated
     4  highway  and  bridge  trust fund established pursuant to section eighty-
     5  nine-b of the state finance law.
     6    § 399-r. Regulations and fees. 1. The commissioner is  authorized  and
     7  directed  to promulgate any rules and regulations necessary to implement
     8  the provisions of this article and to insure  that  the  internet  pilot
     9  program, as approved by the commissioner, can validate: student identity
    10  at  registration and throughout the course; participation throughout the
    11  course; that time the requirements are met; and successful completion of
    12  the course. Provided, however, that any rules and regulations promulgat-
    13  ed pursuant to this article shall not stipulate any particular  location
    14  for  delivery  of a pre-licensing course or limit the time of day during
    15  which such course may be taken.
    16    2. The commissioner is authorized to impose a fee  upon  each  pre-li-
    17  censing  course sponsoring agency approved to deliver such course, which
    18  shall not exceed eight dollars  for  each  student  who  completes  such
    19  course, and which shall be deposited in the dedicated highway and bridge
    20  trust  fund  established  pursuant to section eighty-nine-b of the state
    21  finance law.
    22    3. The commissioner is hereby authorized to promulgate and adopt on an
    23  emergency basis regulations necessary for  the  implementation  of  this
    24  section.
    25    §  399-s.  Pilot  program  scope  and duration. The commissioner shall
    26  conduct a pilot program designed to evaluate utilizing the internet  for
    27  delivering  an  approved pre-licensing course, which shall be deemed the
    28  equivalent of the course required by subparagraph (i) of  paragraph  (a)
    29  of  subdivision  four  of  section  five hundred two of this chapter, by
    30  permitting qualified applicants to participate in the pilot program  for
    31  a period of five years.
    32    §  399-t.  Report by commissioner. Within five years of the establish-
    33  ment and implementation of this article, the commissioner  shall  report
    34  to  the  governor, the temporary president of the senate and the speaker
    35  of the assembly on the pre-licensing course internet pilot  program  and
    36  its results. Such reports shall include recommendations as to the future
    37  use  of internet as an effective way, in addition to classroom presenta-
    38  tion, to deliver to the public approved pre-licensing courses, and qual-
    39  ifications  for  participants  in  such  approved   internet   delivered
    40  programs.
    41    §  2. Paragraph (h) of subdivision 4 of section 502 of the vehicle and
    42  traffic law, as added by section 1 of part L of chapter 59 of  the  laws
    43  of 2009, is amended to read as follows:
    44    (h) Course completion certificate fee. The fee for a course completion
    45  certificate  provided by the department to an entity that is approved by
    46  the commissioner to offer the pre-licensing  course,  required  by  this
    47  subdivision,  for  issuance  by  such  entity  to  students  upon  their
    48  completion of such pre-licensing course shall be one  dollar.  Such  fee
    49  shall  be  paid  by such entity and shall not be charged to a person who
    50  takes the course in any manner.  The provisions of this paragraph  shall
    51  not  apply  to  a  pre-licensing  course established pursuant to article
    52  twelve-D of this chapter.
    53    § 3. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law and shall expire and be deemed repealed  five
    55  years  after  the  date  that  the  pre-licensing  course internet pilot
    56  program is established and implemented  by  the  commissioner  of  motor

        A. 5874                             3
 
     1  vehicles  pursuant  to  article  12-D of the vehicle and traffic law, as
     2  added by section one of this act; provided  that  any  rules  and  regu-
     3  lations  necessary to implement the provisions of this act on its effec-
     4  tive  date are authorized and directed to be completed on or before such
     5  date; and provided, further, that the  commissioner  of  motor  vehicles
     6  shall  notify the legislative bill drafting commission of the date he or
     7  she establishes and implements the pre-licensing course  internet  pilot
     8  program  pursuant  to  article  12-D  of the vehicle and traffic law, as
     9  added by section one of this act, in  order  that  such  commission  may
    10  maintain an accurate and timely effective data base of the official text
    11  of  the  laws  of  the state of New York in furtherance of effecting the
    12  provisions of section 44 of the legislative law and section 70-b of  the
    13  public officers law.
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