Amd S3641, Ed L; add S81, St Fin L; amd S1809, V & T L
Provides for apportionment of state assistance to school districts conducting driver education courses; establishes a 20% surcharge on traffic infraction fines to be put into a new driver education and safety fund for purposes of such state assistance.
STATE OF NEW YORK
________________________________________________________________________
1762
2009-2010 Regular Sessions
IN ASSEMBLY
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 § 2. The state finance law is amended by adding a new section 81 to
20 read as follows:
21 § 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 § 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 § 4. This act shall take effect on the first of September next
35 succeeding the date on which it shall have become a law.
