senate Bill S3842A

Requires holders of junior learner's permits and licenses to remain enrolled in school or graduate therefrom

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Mar / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 05 / Jan / 2012
    • PRINT NUMBER 3842A

Summary

Requires holders of junior learner's permits and licenses to remain enrolled in school or graduate therefrom; provides for the suspension of any such permit or license if the holder leaves school without graduating.

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Bill Details

Versions:
S3842
S3842A
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §501-b, V & T L; amd §305, Ed L

Sponsor Memo

BILL NUMBER:S3842A

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the education law, in relation
to requiring holders of class DJ or class MJ learner's permits and
licenses to be enrolled in a secondary educational program or to have
successfully completed such a program

PURPOSE: To require holders of junior learner's
permits and licenses
to remain enrolled in school or graduate therefrom.

SUMMARY OF PROVISIONS:
Section One: Section 501-b of the Vehicle and Traffic Law is amended
by adding a new subdivision 3 to establish requirements relating to
educational participation or completion for those individuals who
wish to apply for and maintain a DJ or MJ learner's permit, or a DJ
or MJ license. Also establishes certain criminal offenses which would
preclude the issuance of or require the suspension of a DJ or MJ
learner's permit, or a DJ or MJ license.

Section Two: Section 305 of the Education Law is amended by adding a
new subdivision 43 to set forth that the Commissioner of Education
shall cooperate with the Commissioner of Motor Vehicles to promulgate
rules, regulations and procedures for the implementation of this
initiative.

Section Three: Sets forth the effective date.

JUSTIFICATION:
Recently, there has been a troubling increase in teen truancy and the
dropout rate across the country. In Onondaga County, particularly in
the Syracuse City School District, the problem has gained national
attention. The community is looking to the State for solutions to
address this growing problem. School attendance is critically
important to ensuring that our young people have the best possible
opportunities for success. This legislation seeks to address this
issue by providing a powerful incentive for teens to stay in school.
It would require those seeking junior learner's permits and licenses
to maintain school attendance, obtain their GED or graduate. The bill
would also suspend the permit or license of any person under the age
of eighteen if they fail to meet these requirements, or has been
found to have committed certain criminal offenses. Many states across
the country have already enacted similar legislation.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the
first of January
next succeeding the date on which it shall have become a law,
provided that effective immediately any rules and regulations
necessary to implement the provisions of this act on its effective
date are authorized and directed to be completed on or before such
date.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3842--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 7, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Transportation  --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law and the education law, in
  relation to requiring holders  of  class  DJ  or  class  MJ  learner's
  permits and licenses to be enrolled in a secondary educational program
  or to have successfully completed such a program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 501-b of the vehicle and traffic law is amended  by
adding a new subdivision 3 to read as follows:
  3.  (A)  IN  ADDITION  TO  ANY  OTHER RESTRICTION IN THIS ARTICLE, THE
COMMISSIONER SHALL NOT ISSUE A CLASS DJ OR MJ  LEARNER'S  PERMIT,  OR  A
CLASS  DJ  OR  MJ LICENSE TO ANY PERSON UNLESS SUCH PERSON PROVIDES SUCH
PROOF, AS SHALL BE ESTABLISHED BY THE COMMISSIONER  OF  EDUCATION,  THAT
THE PERSON:
  (I) HAS RECEIVED A HIGH SCHOOL DIPLOMA OR A GENERAL EDUCATIONAL DEVEL-
OPMENT DIPLOMA (GED);
  (II) IS ENROLLED AND PARTICIPATING IN A PROGRAM OF SECONDARY EDUCATION
APPROVED BY THE COMMISSIONER OF EDUCATION;
  (III)  IS ENROLLED AND PARTICIPATING IN A GENERAL EDUCATIONAL DEVELOP-
MENT PROGRAM (GED); OR
  (IV) IS ENROLLED AND PARTICIPATING IN A HIGHER  EDUCATION  PROGRAM  OR
CAREER EDUCATION PROGRAM AS DEFINED IN SECTION TWO OF THE EDUCATION LAW.
  (B)  THE  COMMISSIONER  AND  COMMISSIONER  OF  EDUCATION SHALL JOINTLY
ESTABLISH A SYSTEM WHEREBY THE EDUCATION DEPARTMENT WILL PROVIDE  NOTICE
TO  THE  DEPARTMENT  OF  THE CHANGE IN STATUS OF ANY STUDENT WHICH WOULD
DISQUALIFY HIM OR HER FROM HOLDING A DJ OR MJ LEARNER'S PERMIT, OR A  DJ
OR MJ LICENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09074-03-2

S. 3842--A                          2

  (C)  THE COMMISSIONER SHALL SUSPEND THE LEARNER'S PERMIT OR LICENSE OF
ANY PERSON UNDER THE AGE  OF  EIGHTEEN  YEARS,  UPON  NOTICE  THAT  SUCH
PERSON:
  (I)  FAILS  TO MEET THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION;
  (II) HAS BEEN ABSENT FROM SCHOOL, WITHOUT AN EXCUSE AND PRIOR TO GRAD-
UATION, FOR TEN CONSECUTIVE SCHOOL DAYS;
  (III) HAS BEEN FOUND TO HAVE COMMITTED ANY OF THE FOLLOWING OFFENSES:
  A. MENACING, HARASSMENT OR  ASSAULT  OF  A  TEACHER  OR  OTHER  SCHOOL
PERSONNEL;
  B.  POSSESSION  OR  SALE  OF  A CONTROLLED SUBSTANCE OR MARIHUANA UPON
SCHOOL GROUNDS;
  C. POSSESSION OR CRIMINAL USE OF A WEAPON UPON SCHOOL GROUNDS;
  D. ANY SEX OFFENSE; OR
  E. ASSAULT UPON ANY OTHER STUDENT.
  (D) UPON THE SUSPENSION OF ANY LEARNER'S PERMIT OR LICENSE PURSUANT TO
THIS SUBDIVISION, THE DEPARTMENT SHALL PROVIDE  NOTICE  THEREOF  TO  THE
HOLDER  OF  SUCH  PERMIT  OR  LICENSE  BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED. SUCH NOTICE SHALL ADVISE THE RECIPIENT THAT HIS OR HER PERMIT
OR LICENSE HAS BEEN SUSPENDED, THE GROUNDS FOR SUCH SUSPENSION AND  SUCH
PERSON'S  RIGHT TO REQUEST, IN WRITING, A HEARING TO REVIEW SUCH SUSPEN-
SION. A PERSON REQUESTING A HEARING PURSUANT TO THIS PARAGRAPH SHALL  DO
SO  IN  WRITING  AND WITHIN THIRTY DAYS OF RECEIVING A NOTICE OF SUSPEN-
SION.
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 43 to read as follows:
  43.  HE  OR  SHE  SHALL, IN COOPERATION WITH THE COMMISSIONER OF MOTOR
VEHICLES, PROMULGATE RULES AND REGULATIONS AND ESTABLISH SUCH PROCEDURES
AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF  SUBDIVISION  THREE
OF SECTION FIVE HUNDRED ONE-B OF THE VEHICLE AND TRAFFIC LAW.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided  that  effec-
tive  immediately  any  rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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