S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1291
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  inattentive
   driving,  and  to amend the state finance law, in relation to creating
   the attentive driver education fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings and intent. The legislature finds and
 determines that  the  National  Highway  Traffic  Safety  Administration
 (NHTSA), whose mission it is to save lives, prevent injuries, and reduce
 traffic related health care costs and other economic costs through regu-
 lation,  enforcement,  economic  incentives, educational programs, basic
 and applied research, and technology demonstration programs, has taken a
 particular interest in the issue of driver distraction.
   The legislature finds that NHTSA encourages states to actively enforce
 their reckless and inattentive driving laws, regardless of the causes of
 such behavior.
   For this reason, the legislature finds  that  New  York  state  should
 vigorously  enforce  its current reckless driving law and enact an inat-
 tentive driving statute to better discourage drivers  from  engaging  in
 non-driving  related  activities while driving or using a motor vehicle;
 activities that can interfere with or endanger  other  users  of  public
 highways.
   The  legislature further directs the governor's traffic safety commit-
 tee to create a public outreach program to inform and educate the public
 about the dangers of reckless and inattentive driving and  to  encourage
 safe driving habits.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1212-a to read as follows:
   § 1212-A. INATTENTIVE  DRIVING.  1.  INATTENTIVE  DRIVING  SHALL  MEAN
 ENGAGING  IN  ANY  NON-DRIVING  ACTIVITY  WHILE DRIVING A MOTOR VEHICLE,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01436-01-7

 A. 1291                             2
 
 MOTORCYCLE, OR ANY OTHER VEHICLE  PROPELLED  BY  ANY  POWER  OTHER  THAN
 MUSCULAR  POWER,  WHERE (A) THE NON-DRIVING ACTIVITY UNREASONABLY INTER-
 FERES WITH THE FREE AND PROPER USE OF THE PUBLIC  HIGHWAY;  OR  (B)  THE
 NON-DRIVING  ACTIVITY  UNREASONABLY ENDANGERS OTHER PEOPLE WHO ARE USING
 THE PUBLIC HIGHWAYS.   EVERY PERSON VIOLATING  THE  PROVISIONS  OF  THIS
 SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION.
   2.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE PUNISHED AS FOLLOWS:  (A) BY A FINE OF  NOT  LESS  THAN
 FIFTY DOLLARS NOR MORE THAN ONE HUNDRED FIFTY DOLLARS FOR ANY CONVICTION
 THAT IS NOT COVERED UNDER PARAGRAPH (B) OF THIS SUBDIVISION; OR (B) BY A
 FINE  OF  NOT  LESS  THAN  ONE  HUNDRED  FIFTY DOLLARS NOR MORE THAN TWO
 HUNDRED FIFTY DOLLARS FOR A CONVICTION THAT OCCURS WITHIN SIX MONTHS  OF
 A PREVIOUS CONVICTION UNDER THIS SECTION.
   §  3. Section 1212 of the vehicle and traffic law, as added by chapter
 47 of the laws of 1988, is amended to read as follows:
   § 1212. Reckless driving. (A) Reckless driving shall mean:
   1. driving or using any motor vehicle, motorcycle or any other vehicle
 propelled by any power other than muscular power  or  any  appliance  or
 accessory  thereof  in  a  manner which unreasonably interferes with the
 free and proper use of the public  highway,  or  unreasonably  endangers
 users of the public highway. Reckless driving is prohibited; OR
   2. VIOLATING THE PROVISIONS OF SECTION TWELVE HUNDRED TWELVE-A OF THIS
 ARTICLE  THREE  TIMES,  ALL  OF  WHICH  ARE  WITHIN A PERIOD OF EIGHTEEN
 MONTHS.
   (B) Every person violating this provision shall be guilty of a  misde-
 meanor.
   §  4. The governor's traffic safety committee, with the cooperation of
 the department of motor vehicles, the department of transportation,  the
 division  of  state  police,  and any other department, division, board,
 bureau, commission, agency or public authority of the state or any poli-
 tical subdivision deemed necessary by the committee  shall  develop  and
 implement a public outreach campaign to inform the general public of the
 dangers  of  reckless  and  inattentive  driving,  including  additional
 hazards created by engaging  in  non-driving  related  activities  while
 driving a motor vehicle; and to encourage safe driving habits.
   §  5. Subdivision 3 of section 1809 of the vehicle and traffic law, as
 amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
 follows:
   3.  The  mandatory  surcharge  provided for in subdivision one of this
 section shall be paid to the clerk of the court or administrative tribu-
 nal that rendered the conviction. Within the first ten days of the month
 following collection of the mandatory surcharge the collecting authority
 shall determine the amount of mandatory surcharge collected and,  if  it
 is  an  administrative  tribunal  or a town or village justice court, it
 shall pay such money to the state comptroller  who  shall  deposit  such
 money  in  the state treasury pursuant to section one hundred twenty-one
 of the state finance law to the credit of the  general  fund;  PROVIDED,
 HOWEVER,  THAT  THE  COMPTROLLER  SHALL DEPOSIT SUCH MONEY COLLECTED FOR
 VIOLATIONS OF SECTION TWELVE HUNDRED TWELVE-A OF  THIS  CHAPTER  TO  THE
 CREDIT  OF  THE  ATTENTIVE DRIVER EDUCATION FUND ESTABLISHED PURSUANT TO
 SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW.    If  such  collecting
 authority  is  any  other  court  of the unified court system, it shall,
 within such period, pay such money to the state commissioner of taxation
 and finance to the credit of the criminal  justice  improvement  account
 established  by  section  ninety-seven-bb  of  the  state  finance  law;
 PROVIDED, HOWEVER, THAT THE STATE COMMISSIONER OF TAXATION  AND  FINANCE

 A. 1291                             3
 
 SHALL  DEPOSIT  SUCH  MONEY  COLLECTED  FOR VIOLATIONS OF SECTION TWELVE
 HUNDRED TWELVE-A OF THIS CHAPTER TO THE CREDIT OF THE  ATTENTIVE  DRIVER
 EDUCATION  FUND  ESTABLISHED  PURSUANT  TO SECTION NINETY-EIGHT-D OF THE
 STATE  FINANCE  LAW.    The  crime victim assistance fee provided for in
 subdivision one of this section shall be paid to the clerk of the  court
 or  administrative  tribunal  that  rendered  the conviction. Within the
 first ten days of the month following collection  of  the  crime  victim
 assistance  fee,  the collecting authority shall determine the amount of
 crime victim assistance fee collected and, if it  is  an  administrative
 tribunal  or a town or village justice court, it shall pay such money to
 the state comptroller who shall deposit such money in the state treasury
 pursuant to section one hundred twenty-one of the state finance  law  to
 the  credit  of  the criminal justice improvement account established by
 section ninety-seven-bb of the state finance law.
   § 6. The state finance law is amended by adding a new section 98-d  to
 read as follows:
   §  98-D.  ATTENTIVE  DRIVER  EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF MOTOR VEHICLES A FUND KNOWN  AS  THE  ATTENTIVE  DRIVER  EDUCATION
 FUND.
   2.  THE  FUND  SHALL  CONSIST OF MONIES RECEIVED BY THE STATE FROM ANY
 COURT OF THE UNIFIED COURT SYSTEM PURSUANT TO SECTION  EIGHTEEN  HUNDRED
 NINE  OF  THE  VEHICLE  AND TRAFFIC LAW FOR VIOLATIONS OF SECTION TWELVE
 HUNDRED TWELVE-A OF  SUCH  LAW,  AND  ALL  OTHER  FINES,  FEES,  GRANTS,
 BEQUESTS,  OR OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED THERETO
 FROM ANY OTHER FUND OR SOURCE.
   3. THE MONIES OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE MADE AVAILABLE TO THE GOVERNOR'S TRAFFIC SAFETY  COMMITTEE  FOR
 THE  DEVELOPMENT  AND  IMPLEMENTATION  OF  A PUBLIC OUTREACH CAMPAIGN AS
 PROVIDED IN SECTION FOUR OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
 SEVENTEEN THAT ADDED THIS SECTION.
   4. THE MONIES OF THE FUND MADE AVAILABLE PURSUANT TO SUBDIVISION THREE
 OF  THIS SECTION SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMP-
 TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF  MOTOR
 VEHICLES. AT THE END OF EACH YEAR ANY MONIES REMAINING IN THE FUND SHALL
 BE  RETAINED  IN THE FUND AND SHALL NOT REVERT TO THE GENERAL FUND.  THE
 INTEREST AND INCOME EARNED ON MONEY IN THE  FUND,  AFTER  DEDUCTING  ANY
 APPLICABLE CHARGES, SHALL BE CREDITED TO THE FUND.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.