Reference is to Printer's Date 4/13/11-H.
Amend the bill, as and if amended, Section 56-1-176(B), as contained in SECTION 1, by inserting after the period on line 26, page 1:
/ By applying for a license, the parent, or guardian, or both, consents to the release of attendance information to the department. The department shall include the consent language on its application form. /
Amend the fill further, Section 56-1-176(C), as contained in SECTION 1, page 2, by deleting Section 56-1-176(C), and inserting:
/ (C) Within
twenty-eight days of learning that an enrolled student who is at
least fifteen but less than eighteen years of age has
accumulated ten or more total unlawful absences, been expelled,
or dropped out of school as provided for in Section 56-1-177,
the board of trustees of the school district or its designee,
the governing body of a private school, or an official of a home
school association shall notify the Department of Motor
Vehicles. This notification must be by an electronic method as
determined by the Department of Motor Vehicles and the
Department of Education. Nothing in this subsection should be
construed to change the way or the frequency with which home
school students or parents of home school students report a home
school student's attendance in an academic year. /
Amend the bill further, Section 56-1-177(2) as contained in
SECTION 2, page 4, by deleting Section 56-1-177(2) and
inserting:
/ (2) accumulated ten or more unlawful absences in the current academic year or ten or more unlawful absences in the previous academic semester. /
Amend the bill further, as and if amended, by deleting on page 3, starting at line 3 through line 30, subsection (E) in its entirety and inserting:
/ (E) Upon
receipt of notice of suspension of the minor's license and
driving privileges, the minor student's parent or guardian or in
a case where the parent or guardian is unavailable an advocate
for the student may appeal the decision. The notice must
provide that a person aggrieved by the department's
determination may file a request for a contested case hearing
with the Office of Motor Vehicle Hearings in accordance with its
rules of procedure. The Office of Motor Vehicle Hearings has
exclusive jurisdiction to conduct these hearings. In such
appeal, the student's parent or guardian has the burden of
demonstrating with clear and convincing evidence the need for a
waiver as provided in this section. A waiver of the
requirements of this section may be granted by the Office of
Motor Vehicle Hearings if the student has a personal or family
hardship that requires that the student have a driver's license.
For purposes of this section, a personal or family hardship
means:
(1)
a medical condition of the student or a member
of his immediate family that requires that he maintain a
driver's license to receive or transport an immediate family
member or the student for treatment; or
(2)
employment requiring the student to maintain a
driver's license to support himself or his immediate family.
Additionally, a waiver must be granted if the student is
seventeen years old, and it can be shown by clear and convincing
evidence that the student has joined a branch of the United
States Armed Forces, active or reserve.
The filing of an appeal stays the suspension until a final
decision is issued on appeal. The Office of Motor Vehicle
Hearings shall notify the appropriate school district, governing
body of a private school, or official of a home school
association when an appeal decision results in the granting of a
waiver of the provisions of Section 56-1-177. An appeal from
the determination of the Office of Motor Vehicle Hearings must
be to the Administrative Law Court. /
Amend the bill further by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 59-1-396 of the 1976 Code, as added by Act 273 of 2010, is amended by adding a subsection at the end to read:
"(E) The provisions of this section do not apply to a person whose license is suspended pursuant to Section 56-1-176." /
Amend the bill further, as and if amended, by deleting SECTION 6 in its entirety and inserting:
/ SECTION 6. This act takes effect on August 1, 2013. /
Renumber sections to conform.
Amend title to conform.