S282-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S282-2013 Memo

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.

S282-2013 Text

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

                                     282

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (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.