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:

  Section 1. Section 3641 of the education law is amended  by  adding  a
new subdivision 15 to read as follows:
  15. DRIVER EDUCATION.  IN ORDER TO IMPROVE DRIVER SAFETY EDUCATION AND
SKILLS, A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT IN A CITY WITH A
POPULATION  OF  ONE  MILLION  OR MORE, WHICH CONDUCTS A DRIVER EDUCATION
COURSE INCLUDING BOTH CLASSROOM AND DRIVING  INSTRUCTION  IN  ACCORDANCE
WITH  RULES  AND REGULATIONS OF THE COMMISSIONER SHALL BE ENTITLED TO AN
ALLOCATION OF MONEYS FROM THE DRIVER EDUCATION AND  SAFETY  FUND  ESTAB-
LISHED  BY  SECTION  EIGHTY-ONE  OF  THE STATE FINANCE LAW PURSUANT TO A
FORMULA ESTABLISHED BY THE COMMISSIONER TO  FINANCE  THE  COST  OF  SUCH
COURSES.  SUCH MONEYS, WHEN RECEIVED BY A SCHOOL DISTRICT, SHALL BE USED
EXCLUSIVELY  FOR  EXPENSES DIRECTLY RELATED TO THE CREATION AND ADMINIS-
TRATION OF DRIVER  EDUCATION  COURSES.  IN  ESTABLISHING  A  FORMULA  TO
FINANCE  THE COST OF SUCH COURSES, THE COMMISSIONER SHALL FIRST ALLOCATE
MONEYS TO SCHOOL DISTRICTS IN WHICH NO  OTHER  PUBLIC  DRIVER  EDUCATION
COURSES  ARE  AVAILABLE  OR IN WHICH THE PUBLIC DRIVER EDUCATION COURSES
AVAILABLE ARE NOT ADEQUATE  OR  SUFFICIENT  TO  PROPERLY  SERVE  PERSONS
RESIDING IN SUCH SCHOOL DISTRICT.
  S  2.  The  state finance law is amended by adding a new section 81 to
read as follows:
  S 81. DRIVER EDUCATION AND SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED
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

BUDGET  A  SPECIAL  FUND TO BE KNOWN AS "THE DRIVER EDUCATION AND SAFETY
FUND".
  2.  SUCH  FUND  SHALL CONSIST OF MONEYS PAID PURSUANT TO THE MANDATORY
SURCHARGE SET FORTH IN SUBDIVISION ONE-A  OF  SECTION  EIGHTEEN  HUNDRED
NINE  OF  THE  VEHICLE  AND TRAFFIC LAW AND ALL OTHER MONEYS CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. THE MONEYS IN SUCH FUND SHALL BE ALLOCATED BY THE  COMMISSIONER  OF
EDUCATION  TO  SCHOOL DISTRICTS HAVING DRIVER EDUCATION COURSES PURSUANT
TO THE PROVISIONS OF SUBDIVISION FIFTEEN OF SECTION  THIRTY-SIX  HUNDRED
FORTY-ONE OF THE EDUCATION LAW.
  4. MONEYS SO ALLOCATED SHALL BE PAID OUT OF SUCH FUND ON THE AUDIT AND
WARRANT  OF  THE  COMPTROLLER  ON  VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER OF EDUCATION OR AN OFFICER OR EMPLOYEE OF THE STATE  EDUCA-
TION DEPARTMENT DESIGNATED BY THE COMMISSIONER.
  S  3. Section 1809 of the vehicle and traffic law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT  OF
THIS STATE RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER OR A
TRAFFIC  INFRACTION  UNDER THIS CHAPTER, OR A LOCAL LAW, ORDINANCE, RULE
OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER,  OTHER  THAN  A  TRAFFIC
INFRACTION  INVOLVING  STANDING,  STOPPING,  OR PARKING OR VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF  SECTION  ELEVEN  HUNDRED
ELEVEN  OF  THIS  CHAPTER  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED
ELEVEN-A OF THIS CHAPTER, THERE SHALL BE LEVIED A  MANDATORY  SURCHARGE,
IN  ADDITION  TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW AND ANY OTHER
MANDATORY SURCHARGE LEVIED PURSUANT TO THIS SECTION, IN  THE  AMOUNT  OF
TWENTY  PERCENT  OF  ANY FINE IMPOSED AS A RESULT OF SUCH CONVICTION AND
MONEYS COLLECTED AS A RESULT OF SUCH SURCHARGE SHALL BE PAID OVER TO THE
STATE COMPTROLLER BY THE COURT FOR THE DRIVER EDUCATION AND SAFETY  FUND
ESTABLISHED PURSUANT TO SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. THE
PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO CONVICTIONS OCCURRING
AND FINES IMPOSED IN CITIES WITH A POPULATION OF ONE MILLION OR MORE.
  S 4. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.