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.
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.
STATE OF NEW YORK ________________________________________________________________________ 3842--A 2011-2012 Regular Sessions IN SENATE 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.