Bill Text: NY A01762 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, the state finance law and the vehicle and traffic law, in relation to creating a driver education fund and allocating certain traffic fines to the payment of the costs of school driver education courses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to education [A01762 Detail]
Download: New_York-2009-A01762-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1762 2009-2010 Regular Sessions I N A S S E M B L Y January 12, 2009 ___________ Introduced by M. of A. MORELLE -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, the state finance law and the vehicle and traffic law, in relation to creating a driver education fund and allocating certain traffic fines to the payment of the costs of school driver education courses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 3641 of the education law is amended by adding a 2 new subdivision 15 to read as follows: 3 15. DRIVER EDUCATION. IN ORDER TO IMPROVE DRIVER SAFETY EDUCATION AND 4 SKILLS, A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT IN A CITY WITH A 5 POPULATION OF ONE MILLION OR MORE, WHICH CONDUCTS A DRIVER EDUCATION 6 COURSE INCLUDING BOTH CLASSROOM AND DRIVING INSTRUCTION IN ACCORDANCE 7 WITH RULES AND REGULATIONS OF THE COMMISSIONER SHALL BE ENTITLED TO AN 8 ALLOCATION OF MONEYS FROM THE DRIVER EDUCATION AND SAFETY FUND ESTAB- 9 LISHED BY SECTION EIGHTY-ONE OF THE STATE FINANCE LAW PURSUANT TO A 10 FORMULA ESTABLISHED BY THE COMMISSIONER TO FINANCE THE COST OF SUCH 11 COURSES. SUCH MONEYS, WHEN RECEIVED BY A SCHOOL DISTRICT, SHALL BE USED 12 EXCLUSIVELY FOR EXPENSES DIRECTLY RELATED TO THE CREATION AND ADMINIS- 13 TRATION OF DRIVER EDUCATION COURSES. IN ESTABLISHING A FORMULA TO 14 FINANCE THE COST OF SUCH COURSES, THE COMMISSIONER SHALL FIRST ALLOCATE 15 MONEYS TO SCHOOL DISTRICTS IN WHICH NO OTHER PUBLIC DRIVER EDUCATION 16 COURSES ARE AVAILABLE OR IN WHICH THE PUBLIC DRIVER EDUCATION COURSES 17 AVAILABLE ARE NOT ADEQUATE OR SUFFICIENT TO PROPERLY SERVE PERSONS 18 RESIDING IN SUCH SCHOOL DISTRICT. 19 S 2. The state finance law is amended by adding a new section 81 to 20 read as follows: 21 S 81. DRIVER EDUCATION AND SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED 22 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE DIRECTOR OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04139-01-9 A. 1762 2 1 BUDGET A SPECIAL FUND TO BE KNOWN AS "THE DRIVER EDUCATION AND SAFETY 2 FUND". 3 2. SUCH FUND SHALL CONSIST OF MONEYS PAID PURSUANT TO THE MANDATORY 4 SURCHARGE SET FORTH IN SUBDIVISION ONE-A OF SECTION EIGHTEEN HUNDRED 5 NINE OF THE VEHICLE AND TRAFFIC LAW AND ALL OTHER MONEYS CREDITED OR 6 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. 7 3. THE MONEYS IN SUCH FUND SHALL BE ALLOCATED BY THE COMMISSIONER OF 8 EDUCATION TO SCHOOL DISTRICTS HAVING DRIVER EDUCATION COURSES PURSUANT 9 TO THE PROVISIONS OF SUBDIVISION FIFTEEN OF SECTION THIRTY-SIX HUNDRED 10 FORTY-ONE OF THE EDUCATION LAW. 11 4. MONEYS SO ALLOCATED SHALL BE PAID OUT OF SUCH FUND ON THE AUDIT AND 12 WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE 13 COMMISSIONER OF EDUCATION OR AN OFFICER OR EMPLOYEE OF THE STATE EDUCA- 14 TION DEPARTMENT DESIGNATED BY THE COMMISSIONER. 15 S 3. Section 1809 of the vehicle and traffic law is amended by adding 16 a new subdivision 1-a to read as follows: 17 1-A. WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF 18 THIS STATE RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER OR A 19 TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW, ORDINANCE, RULE 20 OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, OTHER THAN A TRAFFIC 21 INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR VIOLATIONS BY 22 PEDESTRIANS OR BICYCLISTS, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF 23 AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED 24 ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 25 ELEVEN-A OF THIS CHAPTER, THERE SHALL BE LEVIED A MANDATORY SURCHARGE, 26 IN ADDITION TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW AND ANY OTHER 27 MANDATORY SURCHARGE LEVIED PURSUANT TO THIS SECTION, IN THE AMOUNT OF 28 TWENTY PERCENT OF ANY FINE IMPOSED AS A RESULT OF SUCH CONVICTION AND 29 MONEYS COLLECTED AS A RESULT OF SUCH SURCHARGE SHALL BE PAID OVER TO THE 30 STATE COMPTROLLER BY THE COURT FOR THE DRIVER EDUCATION AND SAFETY FUND 31 ESTABLISHED PURSUANT TO SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. THE 32 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO CONVICTIONS OCCURRING 33 AND FINES IMPOSED IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. 34 S 4. This act shall take effect on the first of September next 35 succeeding the date on which it shall have become a law.