senate Bill S282

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S282 - Bill Details

See Assembly Version of this Bill:
A8787
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §502, V & T L; add §3210-a, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6482, A9207
2013-2014: A3469

S282 - Bill Texts

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

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BILL NUMBER:S282

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
2011-12: A.9207/S.6482

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.


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

                                   282

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01365-01-3

S. 282                              2

  (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.
  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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