GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 109
Committee Substitute Favorable 4/4/95

Short Title:  No NCDL for Dropouts.	(Public)

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Sponsors:

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Referred to:  

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February 6, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT HIGH SCHOOL AGE CHILDREN WHO DO NOT ATTEND SCHOOL SHALL NOT BE ELIGIBLE FOR DRIVERS LICENSES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-9 is amended by adding a new subsection to read:
"( i)	Upon receipt of notification as required by G.S. 115C-276(r), the Division shall not issue a license to a person who is under 18 years of age, unless the person meets one of the following conditions:
(1)	Has obtained a high school diploma or its equivalent,
(2) 	Is enrolled in a public or private school, or
(3)	Is enrolled full time in or has successfully completed a vocational course of study at an institution within the community college system."
Sec. 2.  G.S. 20-16(a) is amended by adding a new subdivision to read:
"(12)	Is under 18 years of age and does not qualify for the issuance of a license under G.S. 20-9(i).  Suspension of a license under this subdivision is required when the Division receives notification as provided by G.S. 115C-276(r).  A person whose license is suspended under this subdivision and who drives while the license is suspended is considered to have driven without a license in violation of G.S. 20-7 rather than to have driven while the license is revoked in violation of G.S. 20-28."
Sec. 3.  G.S. 20-19 is amended by adding a new subsection to read:
"(b1)	When a license is suspended under subdivision (12) of G.S. 20-16(a), the Division shall restore the license when the person reaches 18 years of age or when the Division receives notification as provided by G.S. 115C-276(r)."
Sec. 4.  G.S. 115C-276 is amended by adding a new subsection to read:
"( r)	To Notify the Division of Motor Vehicles of Students Who Are Ineligible for Drivers Licenses and Who Are Eligible for Restoration of Drivers Licenses. –  The superintendent of each local school administrative unit shall notify the Division of Motor Vehicles immediately of all students between the ages of 15 and 18 who drop out of school.  For purposes of this subsection, a student is deemed to have dropped out of school when the student has 10 or more accumulated unexcused absences in a school year.  For purposes of this subsection, unexcused absences shall include absences due to suspension, but may not include absences which the superintendent determines, upon consultation with the principal or other appropriate individuals, were caused by a hardship, such as pregnancy or economic factors.  The superintendent also shall notify the Division of Motor Vehicles immediately of all students between the ages of 15 and 18 who have had their licenses suspended under G.S. 20-16(a) when one of the following conditions is met:
(1)	The student has obtained a high school diploma or its equivalent,
(2)	The student has been in attendance for 30 days with no unexcused absences at a public or private school, or
(3)	The student is enrolled full time in or has successfully completed a vocational course of study at an institution within the community college system."
Sec. 5.  Sections 1, 2, and 3 of this act become effective July 1, 1996.  The remainder of this act is effective upon ratification.