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
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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.