S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2651

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens. ADAMS, FOLEY, C. JOHNSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

AN  ACT  to  amend the vehicle and traffic law, in relation to increased
  penalties for having illegally tinted windows; and to amend the  state
  finance  law,  in  relation to a police officer training and equipment
  fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Police Officer
Timoshenko's law".
  S  2.  Subdivision 12-a of section 375 of the vehicle and traffic law,
as amended by chapter 148 of the laws of 1982, paragraphs (b) and (e) as
amended, paragraph (d) as added and paragraph (f) as relettered by chap-
ter 155 of the laws of 1991, paragraph (c) as amended by chapter 135  of
the  laws  of 1994 and paragraph (ff) as added by chapter 32 of the laws
of 1996, is amended to read as follows:
  12-a. (a) Every motor vehicle, except a  motorcycle,  when  driven  or
operated  upon a public highway, road or street shall be equipped with a
front  windshield  in  a  fixed  and  more  or  less  upright   position
constructed  of  safety glass as defined in subdivision fourteen of this
section and required by subdivisions eleven and twelve [hereof] OF  THIS
SECTION.  No person shall drive any motor vehicle with any sign or other
nontransparent material other than a certificate or paper required to be
displayed  by  law  upon  the  front windshield or the sidewings or side
windows on either side forward of or adjacent to the operator's seat.
  (b) No person shall operate any motor vehicle upon any public highway,
road or street:
  (1) the front windshield of which is composed of, covered by or treat-
ed with any material which has a light transmittance of less than seven-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05679-01-9

              

S. 2651                             2

ty percent unless such materials are limited to the uppermost six inches
of the windshield; or
  (2)  the sidewings or side windows of which on [either side forward of
or adjacent to the operator's seat]  ANY  PORTION  OF  THE  VEHICLE  are
composed  of,  covered by or treated with any material which has a light
transmittance of less than seventy percent; or
  (3) [if it is classified as a station wagon,  sedan,  hardtop,  coupe,
hatchback  or convertible and any rear side window has a light transmit-
tance of less than seventy percent; or
  (4)] the rear window of which is composed of, covered  by  or  treated
with  any  material which has a light transmittance of less than seventy
percent. [A rear window may have a  light  transmittance  of  less  than
seventy  percent  if  the  vehicle is equipped with side mirrors on both
sides of the vehicle so adjusted that the driver thereof  shall  have  a
clear  and  full  view  of the road and condition of traffic behind such
vehicle.]
  (c) Any person required for medical reasons to be  shielded  from  the
direct  rays  of  the  sun  and/or  any person operating a motor vehicle
belonging to such person or in which such person is an habitual  passen-
ger  shall be exempt from the provisions of subparagraphs one and two of
paragraph (b) of this subdivision provided the commissioner has  granted
an  exemption  and notice of such exemption is affixed to the vehicle as
directed by the commissioner. The  applicant  for  such  exemption  must
provide  a  physician's statement with the reason for the exemption, the
name of the individual with a medically necessary condition operating or
transported in the vehicle, the specific  condition  involved,  and  the
minimum  level  of  light  transmission required. The commissioner shall
only authorize exemptions where the medical condition certified  by  the
physician  is  contained on a list of medical conditions prepared by the
commissioner of health pursuant to subdivision sixteen  of  section  two
hundred  six  of  the  public  health law.   If such [such] exemption is
granted, the commissioner shall make a record thereof and shall distrib-
ute a sufficiently noticeable sticker to the applicant to be attached to
any window so shielded or altered pursuant to such exemption.
  (d) The commissioner may test any window for a  person  who  has  been
charged  with  violating this subdivision. If such window is found to be
in conformity with this subdivision, a  small  label  attesting  to  the
conformity shall be affixed to the window tested.
  (e) On and after January first, nineteen hundred ninety-two, no person
shall  manufacture, sell, offer for sale, equip or operate a motor vehi-
cle in this state in violation of the provisions  of  this  subdivision,
except that a person may operate a nineteen hundred ninety-one or earli-
er  model year vehicle without violating this subdivision if the windows
on said vehicle were in conformity with this subdivision as  it  existed
on December thirty-first, nineteen hundred ninety-one.
  (f) The commissioner shall make such rules and regulations as he shall
deem necessary to carry out the provisions of this subdivision.
  [(ff)] (GG) Notwithstanding any other provision of this section or any
other general, special or local law, charter, administrative code, ordi-
nance,  rule or regulation to the contrary, any person operating a motor
vehicle in a burial or funeral procession while travelling to or from  a
funeral,  interment or cremation may place a funeral sign no larger than
eight and one half by fourteen inches in any window of such vehicle,  as
long  as  such  sign  when  so  placed will not prevent such person from
having a clear and full view of the road and the  condition  of  traffic
behind such vehicle.

S. 2651                             3

  S  3. Subdivision (c) of section 301 of the vehicle and traffic law is
amended by adding a new paragraph 4 to read as follows:
  (4) SUCH INSPECTION SHALL ALSO INCLUDE TESTING THE LIGHT TRANSMITTANCE
OF  EVERY  WINDOW ON THE VEHICLE TO ENSURE THAT SUCH WINDOWS COMPLY WITH
THE PROVISIONS OF SUBDIVISION TWELVE-A OF SECTION THREE  HUNDRED  SEVEN-
TY-FIVE OF THIS TITLE.
  S 4. Subdivision (a) of section 304 of the vehicle and traffic law, as
amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
follows:
  (a) No certificate or certificates of inspection shall be issued by an
official inspection station until the mechanisms and other equipment, as
specified in SUBDIVISION (C) OF section three hundred one [(c)] of  this
[chapter] ARTICLE, of the motor vehicle inspected are in proper and safe
condition  and comply with the rules and regulations of the commissioner
and with the laws of this state AND THE LIGHT TRANSMITTANCE  OF  WINDOWS
OF  SUCH MOTOR VEHICLE CONFORM WITH PARAGRAPH FOUR OF SUBDIVISION (C) OF
SECTION THREE HUNDRED ONE OF THIS ARTICLE  and  the  emissions  of  such
motor  vehicle conform with subdivision (d) of section three hundred one
of this article and regulations promulgated pursuant thereto at the time
the certificate is issued.
  S 5. The vehicle and traffic law is amended by adding  a  new  section
1809-f to read as follows:
  S  1809-F.  MANDATORY  SURCHARGE  FOR  VIOLATION OF WINDOW TINTING. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER  PROCEEDINGS  IN  A
COURT  OF  THIS  STATE  RESULT  IN  A CONVICTION PURSUANT TO SUBDIVISION
TWELVE-A OF SECTION THREE HUNDRED SEVENTY-FIVE OF  THIS  CHAPTER,  THERE
SHALL  BE  LEVIED,  IN ADDITION TO ANY FINE, SENTENCE OR OTHER SURCHARGE
REQUIRED OR PERMITTED BY LAW, AN ADDITIONAL  SURCHARGE  OF  TWO  HUNDRED
FIFTY DOLLARS.
  2.  THE  ADDITIONAL  SURCHARGE PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE  CLERK  OF  THE  COURT  THAT  RENDERED  THE
CONVICTION.  WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION
OF THE SURCHARGE THE COLLECTING AUTHORITY SHALL DETERMINE THE AMOUNT  OF
SURCHARGE COLLECTED AND 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
POLICE  OFFICER  TRAINING  AND  EQUIPMENT  FUND  ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-H OF THE STATE FINANCE LAW.
  3. THE PROVISIONS OF SUBDIVISION THREE OF SECTION TWO HUNDRED  TWENTY-
SEVEN,  SUBDIVISION  FOUR-A OF SECTION FIVE HUNDRED TEN, AND SUBDIVISION
THREE OF SECTION FIVE HUNDRED FOURTEEN OF THIS CHAPTER GOVERNING ACTIONS
WHICH MAY BE TAKEN FOR FAILURE TO PAY A FINE OR PENALTY SHALL BE  APPLI-
CABLE TO THE ADDITIONAL SURCHARGE IMPOSED PURSUANT TO THIS SECTION.
  S  6. The state finance law is amended by adding a new section 92-h to
read as follows:
  S 92-H. POLICE OFFICER TRAINING AND EQUIPMENT FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION  AND FINANCE A FUND TO BE KNOWN AS THE POLICE
OFFICER TRAINING AND EQUIPMENT FUND.
  2. SUCH FUND SHALL CONSIST OF  ALL  FINES  AND  FORFEITURES  COLLECTED
PURSUANT  TO  SECTION EIGHTEEN HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC
LAW AND REQUIRED TO BE DEPOSITED TO THIS  FUND,  AND  ALL  OTHER  MONEYS
CREDITED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW.
  3. MONEYS OF THE FUND SHALL BE AVAILABLE FOR THE PAYMENT OF STATE  AID
THROUGH  APPROPRIATION  BY  THE  LEGISLATURE FOR THE PURPOSE OF TRAINING

S. 2651                             4

POLICE OFFICERS ON THE DANGERS   OF  APPROACHING  VEHICLES  WITH  TINTED
WINDOWS  AND  OTHER  ISSUES  RELATING TO PROTECTING THE OFFICERS' LIVES.
SUCH MONEYS SHALL ALSO BE AVAILABLE FOR THE PAYMENT OF STATE AID THROUGH
APPROPRIATION  BY THE LEGISLATURE FOR THE PURPOSE OF PROVIDING EQUIPMENT
TO POLICE OFFICERS THROUGHOUT THIS STATE TO BE USED  TO  PROVIDE  SAFETY
FOR SUCH OFFICERS WHEN CONDUCTING ROUTINE TRAFFIC STOPS.
  S 7. This act shall take effect immediately.