S T A T E O F N E W Y O R K
________________________________________________________________________
5137
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. V. LOPEZ, TOWNS -- read once and referred to the
Committee on Education
AN ACT to amend the education law, the tax law and the state finance
law, in relation to requiring that voter education be encouraged in
high school civics and that the commissioner of education monitor and
affirm that a student has received such instruction prior to gradu-
ation from high school, establishing a voter education fund and income
tax check off for such fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The growth and stability of a democratic society depends in
large measure on the participation of its citizens which is, in turn,
principally determined by the extent of their understanding of the elec-
toral process. At present, unfortunately, students in our secondary
schools are not receiving sufficient instruction in this vital area,
thus making this legislation a matter of public necessity.
S 2. Subparagraph 2 of paragraph a of subdivision 3 of section 3204 of
the education law, as amended by chapter 124 of the laws of 1951, is
amended to read as follows:
(2) The courses of study and of specialized training beyond the first
eight years of full time public day schools shall provide for instruc-
tion in at least the English language and its use, in civics, ENCOURAG-
ING INSTRUCTION IN VOTER EDUCATION, hygiene, physical training, and
American history including the principles of government proclaimed in
the Declaration of Independence and established by the constitution of
the United States. THE COMMISSIONER SHALL MONITOR SUCH INSTRUCTION IN
VOTER EDUCATION AND SHALL AFFIRM TO THE BOARD OF REGENTS THAT STUDENTS
HAVE RECEIVED THE SAME PRIOR TO GRADUATION FROM HIGH SCHOOL.
S 3. The tax law is amended by adding a new section 616-a to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08356-01-9
A. 5137 2
S 616-A. CHECK OFF FOR VOTER EDUCATION. (A) FOR THE TAXABLE YEAR
BEGINNING JANUARY FIRST, NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
SECTION, EVERY PERSONAL INCOME TAX RETURN SHALL INCLUDE A PLACE ON THE
FIRST PAGE WHERE THE TAXPAYER MAY DESIGNATE THAT ONE DOLLAR OF THE
TAXPAYER'S TAXES BE PAID INTO THE VOTER EDUCATION FUND ESTABLISHED
PURSUANT TO SECTION SEVENTY-NINE-A OF THE STATE FINANCE LAW. SUCH RETURN
SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
DESIGNATION. WHERE TWO TAXPAYERS FILE JOINTLY, SUCH RETURN SHALL INDI-
CATE THAT EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIGNATIONS TO BE PAID
INTO SUCH FUND.
(B) AFTER CERTIFICATION BY THE COMMISSIONER OF THE NUMBER OF DESIG-
NATIONS MADE, THE COMPTROLLER SHALL TRANSFER TO THE VOTER EDUCATION
FUND, OUT OF THE STATE TREASURY, AN AMOUNT EQUAL TO ONE DOLLAR MULTI-
PLIED BY THE NUMBER OF DESIGNATIONS.
S 4. The state finance law is amended by adding a new section 79-a to
read as follows:
S 79-A. VOTER EDUCATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
CUSTODY OF THE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "VOTER
EDUCATION FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED AS A RESULT OF THE
DESIGNATIONS TO SUCH FUND MADE UPON TAX RETURNS AS PROVIDED PURSUANT TO
SECTION SIX HUNDRED SIXTEEN-A OF THE TAX LAW.
3. AN AMOUNT EQUAL TO ALL OF THE MONIES RECEIVED BY THE VOTER EDUCA-
TION FUND PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE APPROPRI-
ATED AND USED BY THE EDUCATION DEPARTMENT TO GIVE INSTRUCTION IN VOTER
EDUCATION.
4. AMOUNTS APPROPRIATED FOR VOTER EDUCATION PURSUANT TO SUBDIVISION
THREE OF THIS SECTION SHALL NOT AFFECT THE AMOUNT WHICH WOULD OTHERWISE
BE APPROPRIATED FOR EDUCATION UNDER ANY OTHER PROVISION OF LAW.
S 5. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.