Bill Text: NY S08237 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to establishing a pre-licensing course internet program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08237 Detail]

Download: New_York-2017-S08237-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8237
                    IN SENATE
                                     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:
     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
    22  thereto. The commissioner may, in his or her discretion,  impose  a  fee
    23  for  the submission of each application. Such fee shall not exceed seven
    24  thousand five hundred dollars, which shall be deposited in the dedicated
    25  highway and bridge trust fund established pursuant  to  section  eighty-
    26  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
     1    §  399-r.  Regulations and fees. 1. The commissioner is authorized and
     2  directed to promulgate any rules and regulations necessary to  implement
     3  the  provisions  of  this  article and to insure that the internet pilot
     4  program, as approved by the commissioner, can validate: student identity
     5  at  registration and throughout the course; participation throughout the
     6  course; that time the requirements are met; and successful completion of
     7  the course. Provided, however, that any rules and regulations promulgat-
     8  ed pursuant to this article shall not stipulate any particular  location
     9  for  delivery  of a pre-licensing course or limit the time of day during
    10  which such course may be taken.
    11    2. The commissioner is authorized to impose a fee  upon  each  pre-li-
    12  censing  course sponsoring agency approved to deliver such course, which
    13  shall not exceed eight dollars  for  each  student  who  completes  such
    14  course, and which shall be deposited in the dedicated highway and bridge
    15  trust  fund  established  pursuant to section eighty-nine-b of the state
    16  finance law.
    17    3. The commissioner is hereby authorized to promulgate and adopt on an
    18  emergency basis regulations necessary for  the  implementation  of  this
    19  section.
    20    §  399-s.  Pilot  program  scope  and duration. The commissioner shall
    21  conduct a pilot program designed to evaluate utilizing the internet  for
    22  delivering  an  approved pre-licensing course, which shall be deemed the
    23  equivalent of the course required by subparagraph (i) of  paragraph  (a)
    24  of  subdivision  four  of  section  five hundred two of this chapter, by
    25  permitting qualified applicants to participate in the pilot program  for
    26  a period of five years.
    27    §  399-t.  Report by commissioner. Within five years of the establish-
    28  ment and implementation of this article, the commissioner  shall  report
    29  to  the  governor, the temporary president of the senate and the speaker
    30  of the assembly on the pre-licensing course internet pilot  program  and
    31  its results. Such reports shall include recommendations as to the future
    32  use  of internet as an effective way, in addition to classroom presenta-
    33  tion, to deliver to the public approved pre-licensing courses, and qual-
    34  ifications  for  participants  in  such  approved   internet   delivered
    35  programs.
    36    §  2. Paragraph (h) of subdivision 4 of section 502 of the vehicle and
    37  traffic law, as added by section 1 of part L of chapter 59 of  the  laws
    38  of 2009, is amended to read as follows:
    39    (h) Course completion certificate fee. The fee for a course completion
    40  certificate  provided by the department to an entity that is approved by
    41  the commissioner to offer the pre-licensing  course,  required  by  this
    42  subdivision,  for  issuance  by  such  entity  to  students  upon  their
    43  completion of such pre-licensing course shall be one  dollar.  Such  fee
    44  shall  be  paid  by such entity and shall not be charged to a person who
    45  takes the course in any manner.  The provisions of this paragraph  shall
    46  not  apply  to  a  pre-licensing  course established pursuant to article
    47  twelve-D of this chapter.
    48    § 3. This act shall take effect on the one hundred eightieth day after
    49  it shall have become a law and shall expire and be deemed repealed  five
    50  years  after  the  date  that  the  pre-licensing  course internet pilot
    51  program is established and implemented  by  the  commissioner  of  motor
    52  vehicles  pursuant  to  article  12-D of the vehicle and traffic law, as
    53  added by section one of this act; provided  that  any  rules  and  regu-
    54  lations  necessary to implement the provisions of this act on its effec-
    55  tive date are authorized and directed to be completed on or before  such
    56  date;  and  provided,  further,  that the commissioner of motor vehicles

        S. 8237                             3
     1  shall notify the legislative bill drafting commission of the date he  or
     2  she  establishes  and implements the pre-licensing course internet pilot
     3  program pursuant to article 12-D of the  vehicle  and  traffic  law,  as
     4  added  by  section  one  of  this act, in order that such commission may
     5  maintain an accurate and timely effective data base of the official text
     6  of the laws of the state of New York in  furtherance  of  effecting  the
     7  provisions  of section 44 of the legislative law and section 70-b of the
     8  public officers law.
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