S T A T E O F N E W Y O R K
________________________________________________________________________
2435
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
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.
LBD00967-01-9
A. 2435 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. 2435 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
NINETEEN 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.