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A04026 Summary:

BILL NOA04026
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSR
 
MLTSPNSR
 
Amd §§375 & 301, V & T L
 
Relates to enacting the "New York state window tinting safety and enforcement act".
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A04026 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4026
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York state window tinting safety and enforcement act".
     3    § 2. Legislative intent.  The  legislature  finds  that  non-compliant
     4  window tinting presents a safety hazard by reducing visibility for driv-
     5  ers  and  law  enforcement  officers.  Although New York state currently
     6  limits the allowable level of tint on vehicle  windows,  enforcement  of
     7  this  law  has proven inconsistent. The intent of this legislation is to
     8  increase  compliance  through  enhanced  enforcement  measures,  stiffer
     9  penalties,  and  public  awareness  campaigns, with the goal of reducing
    10  dangerous driving conditions and improving law enforcement safety.
    11    § 3. Subdivision 12-a of section 375 of the vehicle and traffic law is
    12  amended by adding two new paragraphs (g) and (h) to read as follows:
    13    (g) Any person convicted of a violation of this subdivision shall  for
    14  a  first  conviction  thereof be punished by a fine of up to two hundred
    15  dollars; for a conviction of  a  second  or  subsequent  violation  such
    16  person  shall  be punished by a fine of up to five hundred dollars; upon
    17  conviction of a third or subsequent violation, all of which were commit-
    18  ted within a period of two years, such person  shall  be  subject  to  a
    19  vehicle  registration  suspension  until  such time as such person is in
    20  compliance with this subdivision.
    21    (h) Law enforcement  agencies  shall  conduct  quarterly  window  tint
    22  enforcement sweeps in high traffic areas to enforce compliance with this
    23  subdivision.  Law  enforcement  agencies  shall  use  light transmission
    24  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
 
     1  with  this  subdivision.  Law  enforcement agencies may use light trans-
     2  mission meters during routine traffic stops to  assess  compliance  with
     3  this subdivision.
     4    §  4. Paragraph 1 of subdivision (c) of section 301 of the vehicle and
     5  traffic law is amended by adding a  new  subparagraph  (c)  to  read  as
     6  follows:
     7    (c)  A  light  transmission meter shall be used during the course of a
     8  safety inspection to determine whether any front side window is composed
     9  of, covered by or treated with any material which has a light  transmit-
    10  tance  of less than seventy percent pursuant to subparagraph (a) of this
    11  paragraph. A determination that any front side window  is  composed  of,
    12  covered  by or treated with any material which has a light transmittance
    13  of less than seventy percent  in  violation  of  section  three  hundred
    14  seventy-five  of  this  title shall be a reason for automatic failure of
    15  this inspection.
    16    § 5. (a) The department of  motor  vehicles  shall  conduct  a  public
    17  education  campaign to inform vehicle owners about the updated penalties
    18  and enforcement procedures for violations of subdivision 12-a of section
    19  375 and subdivision (c) of section 301 of the vehicle and  traffic  law.
    20  Such campaign shall include, but not be limited to, digital media, mail-
    21  ers,  and updates on such department's website to educate drivers on the
    22  dangers of illegal tint and the current tint laws pursuant  to  subdivi-
    23  sion 12-a of section 375 of the vehicle and traffic law.
    24    (b)  The department of motor vehicles shall provide free tint cards to
    25  vehicle owners to allow such vehicle owners to independently  check  the
    26  compliance of their window tints with state law.
    27    (c) The department of motor vehicles shall prepare and submit a report
    28  to  the  legislature  on an annual basis. Such report shall include, but
    29  not be limited to:
    30    (i) the number of safety inspection  failures  due  to  non-compliance
    31  with window tint requirements pursuant to section 301 of the vehicle and
    32  traffic law; and
    33    (ii)  the  number  of violations issued for non-compliance with window
    34  tint requirements pursuant to section 375 of  the  vehicle  and  traffic
    35  law, including data from quarterly window tint enforcement sweeps.
    36    § 6. The sum of two million dollars ($2,000,000) or so much thereof as
    37  may be deemed necessary, is hereby appropriated to law enforcement agen-
    38  cies  out of any moneys in the state treasury in the general fund to the
    39  credit of such law enforcement agencies, not otherwise appropriated, and
    40  made  immediately  available  for  the  purposes  of  carrying  out  the
    41  provisions of this act, including providing light transmission meters to
    42  such  law  enforcement agencies and training law enforcement officers on
    43  the use of such meters to effectively enforce  window  tint  laws.  Such
    44  moneys  shall  be payable on the audit and warrant of the comptroller on
    45  vouchers certified or approved by the commissioner of motor vehicles  in
    46  the manner prescribed by law.
    47    §  7.  This  act  shall take effect on the sixtieth day after it shall
    48  have become a law. Effective immediately, the addition, amendment and/or
    49  repeal of any rule or regulation necessary  for  the  implementation  of
    50  this  act  on its effective date are authorized to be made and completed
    51  on or before such effective date.
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