Assembly Bill A4026

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4026
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to enacting the
   "New York state window tinting safety and enforcement act"; and making
   an appropriation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state window tinting safety and enforcement act".
   § 2. Legislative intent.  The  legislature  finds  that  non-compliant
 window tinting presents a safety hazard by reducing visibility for driv-
 ers  and  law  enforcement  officers.  Although New York state currently
 limits the allowable level of tint on vehicle  windows,  enforcement  of
 this  law  has proven inconsistent. The intent of this legislation is to
 increase  compliance  through  enhanced  enforcement  measures,  stiffer
 penalties,  and  public  awareness  campaigns, with the goal of reducing
 dangerous driving conditions and improving law enforcement safety.
   § 3. Subdivision 12-a of section 375 of the vehicle and traffic law is
 amended by adding two new paragraphs (g) and (h) to read as follows:
   (G) ANY PERSON CONVICTED OF A VIOLATION OF THIS SUBDIVISION SHALL  FOR
 A  FIRST  CONVICTION  THEREOF BE PUNISHED BY A FINE OF UP TO TWO HUNDRED
 DOLLARS; FOR A CONVICTION OF  A  SECOND  OR  SUBSEQUENT  VIOLATION  SUCH
 PERSON  SHALL  BE PUNISHED BY A FINE OF UP TO FIVE HUNDRED DOLLARS; UPON
 CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMIT-
 TED WITHIN A PERIOD OF TWO YEARS, SUCH PERSON  SHALL  BE  SUBJECT  TO  A
 VEHICLE  REGISTRATION  SUSPENSION  UNTIL  SUCH TIME AS SUCH PERSON IS IN
 COMPLIANCE WITH THIS SUBDIVISION.
   (H) LAW ENFORCEMENT  AGENCIES  SHALL  CONDUCT  QUARTERLY  WINDOW  TINT
 ENFORCEMENT SWEEPS IN HIGH TRAFFIC AREAS TO ENFORCE COMPLIANCE WITH THIS
 SUBDIVISION.  LAW  ENFORCEMENT  AGENCIES  SHALL  USE  LIGHT TRANSMISSION
 METERS DURING SUCH WINDOW TINT ENFORCEMENT SWEEPS TO  ASSESS  COMPLIANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07569-01-5
              

 A. 4026                             2
 
 WITH  THIS  SUBDIVISION.  LAW  ENFORCEMENT AGENCIES MAY USE LIGHT TRANS-
 MISSION METERS DURING ROUTINE TRAFFIC STOPS TO  ASSESS  COMPLIANCE  WITH
 THIS SUBDIVISION.
   §  4. Paragraph 1 of subdivision (c) of section 301 of the vehicle and
 traffic law is amended by adding a  new  subparagraph  (c)  to  read  as
 follows:
   (C)  A  LIGHT  TRANSMISSION METER SHALL BE USED DURING THE COURSE OF A
 SAFETY INSPECTION TO DETERMINE WHETHER ANY FRONT SIDE WINDOW IS COMPOSED
 OF, COVERED BY OR TREATED WITH ANY MATERIAL WHICH HAS A LIGHT  TRANSMIT-
 TANCE  OF LESS THAN SEVENTY PERCENT PURSUANT TO SUBPARAGRAPH (A) OF THIS
 PARAGRAPH. A DETERMINATION THAT ANY FRONT SIDE WINDOW  IS  COMPOSED  OF,
 COVERED  BY OR TREATED WITH ANY MATERIAL WHICH HAS A LIGHT TRANSMITTANCE
 OF LESS THAN SEVENTY PERCENT  IN  VIOLATION  OF  SECTION  THREE  HUNDRED
 SEVENTY-FIVE  OF  THIS  TITLE SHALL BE A REASON FOR AUTOMATIC FAILURE OF
 THIS INSPECTION.
   § 5. (a) The department of  motor  vehicles  shall  conduct  a  public
 education  campaign to inform vehicle owners about the updated penalties
 and enforcement procedures for violations of subdivision 12-a of section
 375 and subdivision (c) of section 301 of the vehicle and  traffic  law.
 Such campaign shall include, but not be limited to, digital media, mail-
 ers,  and updates on such department's website to educate drivers on the
 dangers of illegal tint and the current tint laws pursuant  to  subdivi-
 sion 12-a of section 375 of the vehicle and traffic law.
   (b)  The department of motor vehicles shall provide free tint cards to
 vehicle owners to allow such vehicle owners to independently  check  the
 compliance of their window tints with state law.
   (c) The department of motor vehicles shall prepare and submit a report
 to  the  legislature  on an annual basis. Such report shall include, but
 not be limited to:
   (i) the number of safety inspection  failures  due  to  non-compliance
 with window tint requirements pursuant to section 301 of the vehicle and
 traffic law; and
   (ii)  the  number  of violations issued for non-compliance with window
 tint requirements pursuant to section 375 of  the  vehicle  and  traffic
 law, including data from quarterly window tint enforcement sweeps.
   § 6. The sum of two million dollars ($2,000,000) or so much thereof as
 may be deemed necessary, is hereby appropriated to law enforcement agen-
 cies  out of any moneys in the state treasury in the general fund to the
 credit of such law enforcement agencies, not otherwise appropriated, and
 made  immediately  available  for  the  purposes  of  carrying  out  the
 provisions of this act, including providing light transmission meters to
 such  law  enforcement agencies and training law enforcement officers on
 the use of such meters to effectively enforce  window  tint  laws.  Such
 moneys  shall  be payable on the audit and warrant of the comptroller on
 vouchers certified or approved by the commissioner of motor vehicles  in
 the manner prescribed by law.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.