senate Bill S2416

2013-2014 Legislative Session

Provides increased penalties for people who operate vehicles with tinted windows

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2013 referred to transportation
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1316
committee discharged and committed to rules
Jan 17, 2013 referred to transportation

Votes

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Jun 17, 2013 - Rules committee Vote

S2416
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S2416
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S2416 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§375, 301 & 304, add §1809-f, V & T L; add §92-h, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3687
2009-2010: S2651

S2416 - Bill Texts

view summary

Provides increased penalties for people who operate vehicles with tinted windows; provides a $250 surcharge that will be paid into a fund used to train and equip police officers; provides that motor vehicles with tinted windows not allowed by law will not be issued a certificate of inspection.

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BILL NUMBER:S2416

TITLE OF BILL:
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

PURPOSE:
The purpose of this legislation is to incorporate a verification of
tint percentage as part of the annual NYS vehicle inspection with a
mandatory violation surcharge if not corrected. The surcharge to be
collected jointly by the state comptroller and commissioner of
finance and deposited into a fund used for Police officer training
and equipment.

SUMMARY OF PROVISIONS:
Section 1. This act shall be known and may be cited as "Police Officer
Timoshenko's Law" §2 The side wings or side windows of 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; a label
attesting to the conformity shall be affixed to the window (s)
tested. §3 Subdivision (c) of section 301 of the vehicle 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
seventy-five of this title. §4 (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 conform with subdivision
(d) of section three hundred one of this article and regulations
promulgated pursuant thereto at the time the certificate is
issued. §5 The vehicle and traffic law is amended by adding a new
section 1809-e. 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.

EXISTING LAW:


04/08/08 Referred to Transportation
2010: S.2651 Held in Transportation

JUSTIFICATION:
Officers and pedestrians alike face unseen dangers on a daily basis
without the added intimidation of approaching a vehicle where you
cannot see if there is a potential threat. The implementation of
tinting regulations can assist in lessening the chance of the
criminal act by being able to view inside before you come into
dangerous contact. Also the monies collected by violators of this
regulation will be used to buy needed equipment and provide necessary
training/education to officers who deal with these situations on a
daily basis.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately after it has become law.

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

                                  2416

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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-
ty percent unless such materials are limited to the uppermost six inches
of the windshield; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05594-01-3

S. 2416                             2

  (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)] (G) 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  3. Subdivision (c) of section 301 of the vehicle and traffic law is
amended by adding a new paragraph 4 to read as follows:

S. 2416                             3

  (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
POLICE OFFICERS ON THE DANGERS   OF  APPROACHING  VEHICLES  WITH  TINTED
WINDOWS  AND  OTHER  ISSUES  RELATING TO PROTECTING THE OFFICERS' LIVES.

S. 2416                             4

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.

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