SENATE, No. 101
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator HAINES
An Act concerning compulsory school attendance and supplementing chapter 38 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any person under 18 years of age who has not been issued a diploma or other certificate of graduation from a secondary high school of this State or any other state, and who (1) is not enrolled in a secondary school of this State or any other state; or (2) is repeatedly absent from a secondary school of this State in which he is enrolled or (3) is not enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED) from a State-approved institution or organization, or has not obtained such a certificate, shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Commissioner of Education or the commissioner's designee at not less than six months or more than two years which shall commence on the day the suspension is imposed.
2. Prior to the imposition of a suspension pursuant to Section 1 of this act the commissioner or the commissioner's designee shall inform the person and his parent or legal guardian in writing of the impending action and afford the person and his parent or legal guardian the opportunity for a hearing at which to present evidence to show cause why the suspension should not be imposed.
3. In the case of any person who at the time of the imposition of suspension is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall run for a period as fixed by the commissioner or the commissioner's designee of not less than six months or more than two years after the day the person reaches the age of 17 years.
If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of Title 2C of the New Jersey Statutes or Title 39 of the Revised Statutes at the time of any suspension pursuant to this section, the suspension period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.
4. a. In the event that the commissioner or the commissioner's designee suspends the right of a person to operate a motor vehicle pursuant to this act, the commissioner or the commissioner's designee shall collect forthwith the New Jersey driver's license or licenses of the person and forward the license or licenses to the Director of the Division of Motor Vehicles, along with a report indicating the first and last day of the suspension or postponement period imposed by the commissioner or the commissioner's designee pursuant to this section.
b. If the person is the holder of a driver's license from another jurisdiction, the commissioner or the commissioner's designee shall not collect the license but shall notify the Director of the Division of Motor Vehicles who shall notify the appropriate officials in the licensing jurisdiction. The commissioner or the commissioner's designee shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privilege in this State.
5. If a person whose license is being suspended pursuant to section 1 of this act has not yet been issued a driver's license or if the commissioner is for any reason unable to collect the license or licenses of the person, the commissioner or the commissioner's designee shall cause a report of the suspension or postponement to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the commissioner or the commissioner's designee pursuant to this section.
6. Whenever a license is suspended pursuant to section 1 of this act, the commissioner or the commissioner's designee shall inform the person orally and in writing, by certified mail, return receipt requested, mailed to the person's last known address, that if that person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section, he shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40. Failure to receive the written notice or failure to acknowledge the receipt of the written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
7. The commissioner shall have the power and authority to grant exceptions from the literal requirements of this act. An exception shall only be granted in a particular case where it is clearly evident that it is necessary to prevent undue hardship to the student or to his dependents.
8. The State Board of Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.
9. This act shall take effect July 1 next following enactment.
STATEMENT
The bill provides that a student who drops out of school may be denied driving privileges for a period of six months to two years. If the student drops out of school prior to age 17, the suspension begins on the student's 17th birthday.
Allows suspension of driving privileges for high school drop-outs.