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 ___________ 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: 1 Section 1. The growth and stability of a democratic society depends in 2 large measure on the participation of its citizens which is, in turn, 3 principally determined by the extent of their understanding of the elec- 4 toral process. At present, unfortunately, students in our secondary 5 schools are not receiving sufficient instruction in this vital area, 6 thus making this legislation a matter of public necessity. 7 S 2. Subparagraph 2 of paragraph a of subdivision 3 of section 3204 of 8 the education law, as amended by chapter 124 of the laws of 1951, is 9 amended to read as follows: 10 (2) The courses of study and of specialized training beyond the first 11 eight years of full time public day schools shall provide for instruc- 12 tion in at least the English language and its use, in civics, ENCOURAG- 13 ING INSTRUCTION IN VOTER EDUCATION, hygiene, physical training, and 14 American history including the principles of government proclaimed in 15 the Declaration of Independence and established by the constitution of 16 the United States. THE COMMISSIONER SHALL MONITOR SUCH INSTRUCTION IN 17 VOTER EDUCATION AND SHALL AFFIRM TO THE BOARD OF REGENTS THAT STUDENTS 18 HAVE RECEIVED THE SAME PRIOR TO GRADUATION FROM HIGH SCHOOL. 19 S 3. The tax law is amended by adding a new section 616-a to read as 20 follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08356-01-9 A. 5137 2 1 S 616-A. CHECK OFF FOR VOTER EDUCATION. (A) FOR THE TAXABLE YEAR 2 BEGINNING JANUARY FIRST, NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS 3 SECTION, EVERY PERSONAL INCOME TAX RETURN SHALL INCLUDE A PLACE ON THE 4 FIRST PAGE WHERE THE TAXPAYER MAY DESIGNATE THAT ONE DOLLAR OF THE 5 TAXPAYER'S TAXES BE PAID INTO THE VOTER EDUCATION FUND ESTABLISHED 6 PURSUANT TO SECTION SEVENTY-NINE-A OF THE STATE FINANCE LAW. SUCH RETURN 7 SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL 8 DESIGNATION. WHERE TWO TAXPAYERS FILE JOINTLY, SUCH RETURN SHALL INDI- 9 CATE THAT EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIGNATIONS TO BE PAID 10 INTO SUCH FUND. 11 (B) AFTER CERTIFICATION BY THE COMMISSIONER OF THE NUMBER OF DESIG- 12 NATIONS MADE, THE COMPTROLLER SHALL TRANSFER TO THE VOTER EDUCATION 13 FUND, OUT OF THE STATE TREASURY, AN AMOUNT EQUAL TO ONE DOLLAR MULTI- 14 PLIED BY THE NUMBER OF DESIGNATIONS. 15 S 4. The state finance law is amended by adding a new section 79-a to 16 read as follows: 17 S 79-A. VOTER EDUCATION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE 18 CUSTODY OF THE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "VOTER 19 EDUCATION FUND". 20 2. SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED AS A RESULT OF THE 21 DESIGNATIONS TO SUCH FUND MADE UPON TAX RETURNS AS PROVIDED PURSUANT TO 22 SECTION SIX HUNDRED SIXTEEN-A OF THE TAX LAW. 23 3. AN AMOUNT EQUAL TO ALL OF THE MONIES RECEIVED BY THE VOTER EDUCA- 24 TION FUND PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE APPROPRI- 25 ATED AND USED BY THE EDUCATION DEPARTMENT TO GIVE INSTRUCTION IN VOTER 26 EDUCATION. 27 4. AMOUNTS APPROPRIATED FOR VOTER EDUCATION PURSUANT TO SUBDIVISION 28 THREE OF THIS SECTION SHALL NOT AFFECT THE AMOUNT WHICH WOULD OTHERWISE 29 BE APPROPRIATED FOR EDUCATION UNDER ANY OTHER PROVISION OF LAW. 30 S 5. This act shall take effect on the first of September next 31 succeeding the date on which it shall have become a law.