NY State Senate Bill 2011-S6482

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2012	referred to transportation

2011-S6482 (ACTIVE) - Details

See Assembly Version of this Bill:: A9207
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L; add §3210-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S282, A3469, A8787
2015-2016: A4822

2011-S6482 (ACTIVE) - Summary

Requires youth holding operator's licenses or permits to maintain good school attendance.

2011-S6482 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6482

TITLE OF BILL:
An act to amend the vehicle and traffic law and the education law, in
relation to requiring youth holding operator's licenses or permits to
maintain good school attendance

PURPOSE:
Requires persons under eighteen to maintain good attendance at school
in order to be eligible for a learner's permit or driver's license

SUMMARY OF PROVISIONS:
This bill would amend the vehicle and traffic law by creating a new
subdivision that would mandate that no license or learner's permit
shall be issued to or retained by a person under the age of eighteen
unless they hold a high school diploma or are enrolled in and
attending an educational program and hold a valid, current certificate
of good attendance from such school program. This bill also amends the
education law by adding a new section that mandates that students in
high school comply with their school's attendance policies in order to
obtain a certificate of good school attendance. This certificate is
necessary to obtain a learner's permit or driver's license. Exemptions
from these provisions include situations in which the pupil is unable
to pursue the educational program due to disability, the pupil is
unable to pursue the educational program due to his or her providing
care or services to a disabled parent, or the pupil needs a license or

permit to operate a motor vehicle due to his or her employment needs
or those of a member of his or her family.

JUSTIFICATION:
This bill aims to reduce absenteeism, truancy and the dropout rate by
targeting an area that students are concerned with the most, the
ability to drive, High school students would lose their driving
privileges or their ability to apply for a driver's license if they
failed to meet their school district's attendance policy. Once they
are in good standing again with regard to attendance requirements,
their licenses can be reinstated.

LEGISLATIVE HISTORY:
2003-04: A.5901/S.1376
2005-06: A.5008/S.63
2007-08: A.102/S.190

FISCAL IMPLICATIONS:
None.

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 the
commissioners of motor vehicles and education are authorized to
promulgate any and all rules and regulations and take any other
measures necessary to implement this act on its effective date on or
before such date.

2011-S6482 (ACTIVE) - Bill Text download pdf

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

                                  6482

                            I N  S E N A T E

                            February 15, 2012
                               ___________

Introduced  by  Sen.  LARKIN -- 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 and the  education  law,  in
  relation  to requiring youth holding operator's licenses or permits to
  maintain good school attendance

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

  Section  1.  Section  502 of the vehicle and traffic law is amended by
adding a new subdivision 8 to read as follows:
  8. CERTIFICATES OF GOOD SCHOOL ATTENDANCE.  (A)  EXCEPT  AS  OTHERWISE
PROVIDED  IN  PARAGRAPH (D) OF THIS SUBDIVISION, NO LICENSE OR LEARNER'S
PERMIT SHALL BE ISSUED TO OR RETAINED BY A PERSON UNDER THE AGE OF EIGH-
TEEN YEARS UNLESS SUCH PERSON (I) HOLDS A HIGH SCHOOL DIPLOMA OR  EQUIV-
ALENT  DIPLOMA  OR  (II)  IS  ENROLLED  IN  AND ATTENDING AN EDUCATIONAL
PROGRAM THE SUCCESSFUL COMPLETION OF WHICH WILL LEAD TO SUCH  A  DIPLOMA
OR  EQUIVALENT  DIPLOMA  AND  HOLDS A VALID, CURRENT CERTIFICATE OF GOOD
ATTENDANCE FROM SUCH EDUCATIONAL PROGRAM PURSUANT TO SECTION  THIRTY-TWO
HUNDRED TEN-A OF THE EDUCATION LAW.
  (B)  UPON  RECEIPT OF NOTICE BY THE COMMISSIONER THAT A CERTIFICATE OF
GOOD ATTENDANCE HAS BEEN WITHDRAWN, THE COMMISSIONER SHALL SUSPEND  SUCH
PERSON'S  LICENSE OR PERMIT UNTIL SUCH TIME AS SUCH CERTIFICATE IS REIN-
STATED OR THE PERSON CEASES TO BE SUBJECT TO THE  REQUIREMENT  THEREFOR.
UPON  RECEIPT  OF  NOTICE BY THE COMMISSIONER THAT A CERTIFICATE OF GOOD
ATTENDANCE HAS BEEN REINSTATED, THE COMMISSIONER  SHALL  REINSTATE  SUCH
PERSON'S LICENSE OR PERMIT.
  (C)  THE  HEAD  OF  EACH  SCHOOL ATTENDED BY ANY PERSON SUBJECT TO THE
PROVISIONS OF THIS SUBDIVISION SHALL ISSUE OR WITHDRAW SUCH CERTIFICATES
ON THE BASIS OF THE STUDENT'S COMPLIANCE OR LACK OF COMPLIANCE WITH  THE
ATTENDANCE POLICIES OF SUCH SCHOOL, SUBJECT TO THE PROVISIONS OF SECTION
THIRTY-TWO HUNDRED TEN-A OF THE EDUCATION LAW.
  (D)  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT BE APPLIED TO A
PERSON WHO HAS RECEIVED A CERTIFICATE OF EXEMPTION PURSUANT TO  SUBDIVI-
SION FOUR OF SECTION THIRTY-TWO HUNDRED TEN-A OF THE EDUCATION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14323-02-2

S. 6482                             2

  S  2.  The  education law is amended by adding a new section 3210-a to
read as follows:
  S 3210-A. CERTIFICATES OF GOOD SCHOOL ATTENDANCE. 1. THE PROVISIONS OF
THIS  SECTION SHALL APPLY TO THE ISSUANCE OF CERTIFICATES OF GOOD SCHOOL
ATTENDANCE FOR PURPOSES OF SUBDIVISION EIGHT OF SECTION FIVE HUNDRED TWO
OF THE VEHICLE AND TRAFFIC LAW. THE PROVISIONS  OF  THIS  SECTION  SHALL
APPLY TO ALL SCHOOLS, PUBLIC OR PRIVATE.
  2.  THE  HEAD  OF EACH SCHOOL SHALL ISSUE, DENY, WITHDRAW OR REINSTATE
CERTIFICATES OF GOOD ATTENDANCE ON THE BASIS OF THE PUPIL'S ADHERENCE TO
THE SCHOOL'S ATTENDANCE  POLICY,  SUBJECT  TO  THE  PROVISIONS  OF  THIS
SECTION.  A  SCHOOL  MAY  CHARGE  A FEE OF UP TO TWENTY DOLLARS FOR EACH
CERTIFICATE ISSUED OR QUALIFIED.
  3. IF A PUPIL IS NOT IN COMPLIANCE WITH THE SCHOOL'S ATTENDANCE POLICY
AND IS NOT EXEMPT PURSUANT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION, THE SCHOOL AUTHORITIES SHALL MAKE EFFORTS TO ASSIST  THE  PUPIL
IN  COMPLYING THROUGH CONSULTATIONS BETWEEN APPROPRIATE SCHOOL OFFICIALS
AND THE PUPIL AND HIS OR HER PARENT,  GUARDIAN  OR  PERSON  IN  PARENTAL
RELATION.    WITH  RESPECT  TO  ANY PUPIL FOR WHOM A CERTIFICATE OF GOOD
ATTENDANCE IS IN EFFECT, IN THE EVENT THAT SUCH PUPIL SHALL CEASE TO  BE
ENTITLED  TO  SUCH  CERTIFICATE, THE HEAD OF SUCH SCHOOL SHALL SO NOTIFY
THE COMMISSIONER OF MOTOR VEHICLES. A DETERMINATION   OF  COMPLIANCE  OR
NONCOMPLIANCE  WITH  AN ATTENDANCE POLICY SHALL BE FINAL AND NOT SUBJECT
TO ADMINISTRATIVE REVIEW.
  4. PUPILS SHALL BE EXEMPT FROM COMPLYING WITH THE REQUIREMENTS OF THIS
SECTION AND SUBDIVISION EIGHT OF SECTION FIVE HUNDRED TWO OF THE VEHICLE
AND TRAFFIC LAW AND SHALL BE ENTITLED TO ISSUANCE OF  A  CERTIFICATE  OF
EXEMPTION  THEREFROM  TO  BE ISSUED BY THE SCHOOL DISTRICT IN WHICH THEY
RESIDE IN THE FOLLOWING CASES:
  (A) THE PUPIL IS UNABLE TO PURSUE THE EDUCATIONAL PROGRAM DUE TO DISA-
BILITY;
  (B) THE PUPIL IS UNABLE TO PURSUE TO EDUCATIONAL PROGRAM DUE TO HIS OR
HER PROVIDING CARE OR SERVICES TO A DISABLED PARENT; OR
  (C) THE PUPIL NEEDS A LICENSE OR PERMIT TO OPERATE A MOTOR VEHICLE DUE
TO HIS OR HER EMPLOYMENT NEEDS OR THOSE OF A MEMBER OF HIS OR HER  FAMI-
LY.
  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  the
commissioners  of motor vehicles and education are authorized to promul-
gate any and all rules and  regulations  and  take  any  other  measures
necessary  to implement this act on its effective date on or before such
date.

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Senate Bill S6482

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2011-S6482 (ACTIVE) - Details

2011-S6482 (ACTIVE) - Summary

2011-S6482 (ACTIVE) - Sponsor Memo

2011-S6482 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6482

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Sponsored By

William Larkin

Archive: Last Bill Status - In Senate Committee Transportation Committee

2011-S6482 (ACTIVE) - Details

2011-S6482 (ACTIVE) - Summary

2011-S6482 (ACTIVE) - Sponsor Memo

2011-S6482 (ACTIVE) - Bill Text download pdf

Comments