A05874 Summary:

BILL NOA05874A
 
SAME ASSAME AS S03965-A
 
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; amd 89-b, St Fin L
 
Relates to establishing a pre-licensing course internet program.
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A05874 Actions:

BILL NOA05874A
 
02/20/2019referred to transportation
06/12/2019amend (t) and recommit to transportation
06/12/2019print number 5874a
06/14/2019reported referred to ways and means
06/19/2019reported referred to rules
06/19/2019reported
06/19/2019rules report cal.621
06/19/2019ordered to third reading rules cal.621
06/20/2019substituted by s3965a
 S03965 AMEND=A KENNEDY
 02/22/2019REFERRED TO TRANSPORTATION
 06/12/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/12/2019ORDERED TO THIRD READING CAL.1305
 06/12/2019PASSED SENATE
 06/12/2019DELIVERED TO ASSEMBLY
 06/12/2019referred to transportation
 06/13/2019RECALLED FROM ASSEMBLY
 06/13/2019returned to senate
 06/13/2019VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/13/2019AMENDED ON THIRD READING (T) 3965A
 06/17/2019REPASSED SENATE
 06/17/2019RETURNED TO ASSEMBLY
 06/17/2019referred to ways and means
 06/20/2019substituted for a5874a
 06/20/2019ordered to third reading rules cal.621
 06/20/2019passed assembly
 06/20/2019returned to senate
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A05874 Committee Votes:

TRANSPORTATION Chair:Magnarelli DATE:06/14/2019AYE/NAY:24/0 Action: Favorable refer to committee Ways and Means
MagnarelliAyeMcDonoughExcused
PerryAyeDiPietroAye
LupardoAyeByrneAye
CrespoAyeMillerAye
ThieleAyeNorrisAye
BronsonAyeDeStefanoAye
SteckAyeWalczykAye
SimonAye
HunterAye
HyndmanAye
WilliamsAye
RyanAye
WrightAye
FahyAye
FrontusAye
JacobsonAye
McMahonAye
RaynorAye

WAYS AND MEANS Chair:Weinstein DATE:06/19/2019AYE/NAY:33/0 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayAye
LentolAyeCrouchAye
SchimmingerAyeFitzpatrickAye
GanttExcusedHawleyAye
GlickAyeMalliotakisAye
NolanExcusedMontesanoAye
PretlowAyeRaAye
PerryAyeBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Gottfried DATE:06/19/2019AYE/NAY:28/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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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--A
 
                               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 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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
    20  which  delivers  such courses to the public. In order to be approved for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09883-02-9

        A. 5874--A                          2
 
     1  participation in  such  pilot  program,  the  course  must  comply  with
     2  provisions of law, rules and regulations applicable thereto. The commis-
     3  sioner may, in his or her discretion, impose a fee for the submission of
     4  each  application to participate in the pilot program established pursu-
     5  ant to this article. Such fee  shall  not  exceed  seven  thousand  five
     6  hundred  dollars  which  shall, excluding administrative expenses of the
     7  department, be deposited in the dedicated highway and bridge trust  fund
     8  established pursuant to section eighty-nine-b of the state finance law.
     9    § 399-r. Regulations, fees and privacy. 1. The commissioner is author-
    10  ized  and  directed to promulgate any rules and regulations necessary to
    11  implement the provisions of this article and  to  insure  that  internet
    12  delivered  pre-licensing  courses  as  approved  by the commissioner and
    13  established pursuant to this article, can validate: student identity  at
    14  registration  and  throughout  the  course; participation throughout the
    15  course; that time requirements are met; and successful completion of the
    16  course. Provided, however, that any rules  and  regulations  promulgated
    17  pursuant to this article shall not stipulate any particular location for
    18  delivery of a pre-licensing course or limit the time of day during which
    19  such course may be taken.
    20    2.  The  commissioner is authorized to impose a fee upon each internet
    21  pre-licensing course sponsoring agency approved for participation in the
    22  pilot program to deliver such  course,  which  shall  not  exceed  eight
    23  dollars for each student who completes such course by means of the pilot
    24  program  established  pursuant  to  this article.   Such fees, excluding
    25  administrative expenses of the department, shall  be  deposited  in  the
    26  dedicated  highway and bridge trust fund established pursuant to section
    27  eighty-nine-b of the state finance law.
    28    3. No internet pre-licensing course sponsoring agency  shall  disclose
    29  or  otherwise make available to any person or entity any personal infor-
    30  mation obtained by such provider about any  student  who  registers  for
    31  such  course.  For  the purposes of this article, "personal information"
    32  shall mean information that identifies an individual, including an indi-
    33  vidual's photo image,  social  security  number,  driver  identification
    34  number,  name,  address  (but  not  the  five-digit zip code), telephone
    35  number, and medical or disability information.
    36    § 399-s. Pilot program scope  and  duration.  The  commissioner  shall
    37  conduct  a pilot program designed to evaluate utilizing the internet for
    38  delivering an approved pre-licensing course required by subparagraph (i)
    39  of paragraph (a) of subdivision four of section five hundred two of this
    40  chapter, by permitting qualified applicants to participate in the  pilot
    41  program  from June thirtieth, two thousand twenty to June thirtieth, two
    42  thousand twenty-five.
    43    § 399-t. Report by commissioner. No later than June first,  two  thou-
    44  sand  twenty-five,  the  commissioner  shall report to the governor, the
    45  temporary president of the senate and the speaker of the assembly on the
    46  pre-licensing course internet pilot program and its results. Such report
    47  shall include recommendations as to the future use of the internet as an
    48  effective way, in addition to classroom presentation, to deliver to  the
    49  public  approved  pre-licensing  courses, and qualifications for partic-
    50  ipants in such approved internet delivered programs.
    51    § 2. Paragraph (h) of subdivision 4 of section 502 of the vehicle  and
    52  traffic  law,  as added by section 1 of part L of chapter 59 of the laws
    53  of 2009, is amended to read as follows:
    54    (h) Course completion certificate fee. The fee for a course completion
    55  certificate provided by the department to an entity that is approved  by
    56  the  commissioner  to  offer  the pre-licensing course, required by this

        A. 5874--A                          3
 
     1  subdivision,  for  issuance  by  such  entity  to  students  upon  their
     2  completion  of  such  pre-licensing course shall be one dollar. Such fee
     3  shall be paid by such entity and shall not be charged to  a  person  who
     4  takes  the course in any manner.  The provisions of this paragraph shall
     5  not apply to a pre-licensing  course  established  pursuant  to  article
     6  twelve-D of this chapter.
     7    §  3. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
     8  traffic law, as amended by chapter 403 of the laws of 2009,  is  amended
     9  to read as follows:
    10    (d)  An  applicant  for  a  class  DJ  or MJ license shall be at least
    11  sixteen years of age and such applicant must submit written  consent  to
    12  the issuance of such license by the applicant's parent or guardian. Upon
    13  receipt  of  withdrawal  of  such  consent,  any class DJ or MJ license,
    14  learner's permit or license application shall be cancelled. No class  DJ
    15  or MJ license shall be issued unless the applicant presents, at the time
    16  of  the  road test administered pursuant to paragraph (b) of subdivision
    17  four of this section, a written certification by the applicant's  parent
    18  or guardian: (i) that such applicant has operated a motor vehicle for no
    19  less  than  fifty  hours, at least fifteen hours of which shall be after
    20  sunset, under the immediate supervision of a person as authorized pursu-
    21  ant to subparagraph (ii) of paragraph (a) or paragraph (b)  of  subdivi-
    22  sion  five  of section five hundred one of this article, a driver educa-
    23  tion teacher pursuant to section eight hundred six-a  of  the  education
    24  law  or  a  driving school instructor pursuant to subdivision seven-a of
    25  section three hundred ninety-four of this  chapter;  and  (ii)  if  such
    26  applicant  completed an internet delivered pre-licensing course approved
    27  by the commissioner pursuant to article twelve-d of this  chapter,  that
    28  such applicant participated throughout such course.
    29    §  4.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
    30  finance law, as amended by section 7 of part UU of  chapter  59  of  the
    31  laws of 2018, is amended to read as follows:
    32    (a)  The  special obligation reserve and payment account shall consist
    33  (i) of all moneys required to be deposited in the dedicated highway  and
    34  bridge  trust  fund  pursuant  to the provisions of sections two hundred
    35  five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
    36  fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
    37  hundred one and article twelve-d of the vehicle  and  traffic  law,  and
    38  section  thirty-one of chapter fifty-six of the laws of nineteen hundred
    39  ninety-three, (ii) all fees, fines or penalties collected by the commis-
    40  sioner of transportation and the commissioner of motor vehicles pursuant
    41  to section fifty-two, section three hundred twenty-six, section  eighty-
    42  eight  of  the highway law, subdivision fifteen of section three hundred
    43  eighty-five of the vehicle and traffic law, section two of [the] part U1
    44  of chapter sixty-two of the laws of two  thousand  three  [that  amended
    45  this  paragraph], subdivision (d) of section three hundred four-a, para-
    46  graph one of subdivision  (a)  and  subdivision  (d)  of  section  three
    47  hundred  five,  subdivision  six-a  of  section four hundred fifteen and
    48  subdivision (g) of section twenty-one hundred twenty-five of the vehicle
    49  and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
    50  deposited with the state on account of betterments performed pursuant to
    51  subdivision  twenty-seven  or  subdivision thirty-five of section ten of
    52  the highway law, and section one hundred forty-five of  the  transporta-
    53  tion law, (iii) any moneys collected by the department of transportation
    54  for  services provided pursuant to agreements entered into in accordance
    55  with section ninety-nine-r of the general municipal law,  and  (iv)  any

        A. 5874--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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