NY State Senate Bill 2021-S9496

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 05, 2022	referred to rules

2021-S9496 (ACTIVE) - Details

See Assembly Version of this Bill:: A10650
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§392-a & 402, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S4494, A1174

2021-S9496 (ACTIVE) - Summary

Directs municipalities to create a program for bystander reporting of stolen, false or fraudulent license plates.

2021-S9496 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9496

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to bystander
reporting of stolen, false or fraudulent license plates

 
PURPOSE OR GENERAL IDEA OF BILL:

To decrease the incidence of fraudulent and covered license plates by
enhancing and rewarding citizen reporting.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 392-a of the Vehicle and Traffic
Law to provide that all municipalities in the state shall create a
bystander reporting program for stolen, false, or fraudulent license
plates. Bystanders shall receive 25% of the proceeds of any fine result-
ing from the adjudication of this violation, which is a misdemeanor for
a first offense and a Class E felony for a second or subsequent offense
within ten years.

Section two of the bill amends section 402 of the Vehicle and Traffic
Law to provide that all municipalities in the state shall create a
bystander reporting program for illegally obstructed plates, which are
subject to a fine of up to $300. Bystanders shall receive 25% of the
proceeds of any fine resulting from the adjudication of this violation.

Section three sets the effective date.

 
JUSTIFICATION:

In an age of increasingly automated traffic enforcement, a growing
number of unscrupulous drivers have taken to covering their license
plates or installing fake plates in order to avoid tolls and tickets.
According to the New York Daily News, the MTA's Bridge and Tunnel
Authority has delivered 36,000 summonses for obscured, blocked, or
forged license plates since 2017. At least one person is arrested a week
driving through the Holland Tunnel with a remote-controlled James Bond-
style cover that mechanically covers the plate, and misplaced or covered
license plates allowed drivers to dodge tickets in at least 144,852
cases from 2014 to 2016.

This scofflaw behavior has had real consequences for both public budgets
and traffic safety, costing New York City roughly $75 million in lost
revenue from 2020 to 2022 as the number of unreadable plates that could
not be ticketed skyrocketed in that period from 1% of total infractions
to 4%. Since March 2020, there have been approximately 1.5 million
instances in which speed or red light camera tickets were evaded through
the use of obstructed or improper plates, up from the nearly 145,000
tossed tickets in 2014 to 2016.  While the state legislature recently
increased fines for intentional obstruction of plates from a maximum of
$200 to $300 (Ch. 451 of 2021), local officials have yet to see this
worrisome trend abate.

This bill aims to further deter illegal obstruction and fraudulent manu-
facture of plates by creating a bystander intervention program in all
municipalities across the state. Modeled after New York City's highly
successful Citizens Air Complaint Program, in which onlookers report
illegal vehicle idling to the NYC Department of Environmental Protection
in exchange for a portion of the levied fine, this bill directs munici-
palities and their enforcement agencies to create a system through which
bystanders can file complaints of covered or fraudulent plates. Similar
to the Citizens Air Complaint Program, the municipality must publish
details of the program, including best practices for how to file a
complaint and pertinent details that the agency needs in order to be
able to investigate. In turn, the bystander will receive 25% of any
fines levied as a result of new information that such bystander's
complaint brought to bear.

While some offending drivers will be clever enough to deploy tools that
are invisible to the naked eye, such as special types of spray on formu-
las that obstruct camera readings, others use clearly tinted frames that
darken the plate, intentionally cover plate numbers with snow or debris,
or remove lettering from the plates. Others simply cover their plates
with tape or plastic so that it causes a glare when a camera photograph
is taken. Additionally, many fake license plates, which are frequently
installed over existing license plates before a criminal activity, bear
streak marks or other obvious signs of fraud which an average citizen
may be able to detect. There is thus an important role that bystanders
can play in helping to tamp down on this malicious and intentional
evasion of traffic laws.

In the midst of a nationwide flare-up in reckless driving since the
onset of COVID-19, lawmakers must use every tool at their disposal to
ensure that the automated enforcement programs they create are not imme-
diately undermined by a roll of packing tape. Creating a bystander
reporting program for illegally covered or fake license plates will help
increase enforcement against unscrupulous drivers while ensuring fair-
ness and uniformity in the application of our street safety laws. This
bill will help to ensure that all drivers pay their fair share of tolls
as well as obey speed limits and red light signals, helping to curb
reckless driving while directing needed revenue to local and state
governments for street safety improvements and facility maintenance.


 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S9496 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9496
 
                             I N  S E N A T E
 
                               July 5, 2022
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to bystander
   reporting of stolen, false or fraudulent license plates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 392-a of the vehicle and traffic law, as amended by
 chapter 307 of the laws of 1994, is amended to read as follows:
   § 392-a. Sale  or  purchase  of  stolen,  false or fraudulent license,
 identification card, certificate of registration, or number plate. 1.  A
 person  who knowingly sells or offers to sell or buys or offers to buy a
 false, fraudulent or stolen license, identification card, certificate of
 registration or number plate, shall be guilty  of  a  misdemeanor  as  a
 first  offense  and  a  class E felony as a second or subsequent offense
 committed within ten years of the prior offense.
   2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS
 SHALL APPLY:
   (I) "BYSTANDER" SHALL MEAN ANY NATURAL PERSON,  OTHER  THAN  A  POLICE
 OFFICER OR OTHER GOVERNMENTAL EMPLOYEE AUTHORIZED TO SERVE SUMMONS FOR A
 VIOLATION  OF THIS SECTION, WHO OBSERVES A NUMBER PLATE ON A MOTOR VEHI-
 CLE THAT HE OR SHE BELIEVES TO BE STOLEN, FALSE, AND/OR  FRAUDULENT  AND
 REPORTS  SUCH  BELIEVED  VIOLATION  TO  THE  LOCAL ENFORCEMENT AUTHORITY
 PURSUANT TO THE PROVISIONS OF THIS SECTION.
   (II) "LOCAL ENFORCEMENT AUTHORITY" SHALL MEAN ANY POLICE DEPARTMENT OR
 OTHER GOVERNMENTAL ENTITY DESIGNATED BY A MUNICIPALITY  TO  ENFORCE  THE
 PROVISIONS OF THIS CHAPTER.
   (III) "MUNICIPALITY" SHALL MEAN A COUNTY OUTSIDE THE CITY OF NEW YORK,
 OR A CITY, TOWN, OR VILLAGE.
   (B)  EACH MUNICIPALITY IN THIS STATE SHALL CREATE A PROGRAM IN WHICH A
 BYSTANDER MAY REPORT TO THE LOCAL ENFORCEMENT AUTHORITY A  NUMBER  PLATE
 THAT HE OR SHE BELIEVES TO BE STOLEN, FALSE, AND/OR FRAUDULENT ON A FORM
 PRESCRIBED  BY  SUCH MUNICIPALITY. THE MUNICIPALITY SHALL MAKE AVAILABLE
 AND POST ONLINE INFORMATION DESCRIBING SUCH PROGRAM AND ALL DETAILS THAT
 THE LOCAL ENFORCEMENT AUTHORITY DEEMS NECESSARY AND RELEVANT TO  INCLUDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16066-01-2
 S. 9496                             2
 
 IN A BYSTANDER REPORT WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, TIME AND
 DATE  VERIFICATION, MAKE, MODEL, AND COLOR OF THE MOTOR VEHICLE, LICENSE
 PLATE NUMBER, AND ISSUING STATE. SUCH INFORMATION SHALL INCLUDE GUIDANCE
 ON  GATHERING SUPPORTING DOCUMENTATION AND SHALL CLEARLY DESCRIBE ANTIC-
 IPATED TIMELINES FOR THE INVESTIGATION OF  SUCH  ALLEGED  VIOLATION  AND
 ISSUANCE OF FINES.
   (C)  ANY BYSTANDER WHO HAS SERVED A COMPLAINT UPON A LOCAL ENFORCEMENT
 AUTHORITY, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, SHALL  RECEIVE
 TWENTY-FIVE  PERCENT  OF  THE PROCEEDS OF ANY FINE, ISSUED UNDER ARTICLE
 EIGHTY OF THE PENAL LAW, FOR DISCLOSURE OF INFORMATION OR  EVIDENCE  NOT
 IN  THE  POSSESSION  OF  SUCH  AUTHORITY  PRIOR  TO  THE  RECEIPT OF THE
 BYSTANDER'S COMPLAINT  WHICH  LEADS  TO  A  CONVICTION  OF  THE  OFFENSE
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   (D)  A MUNICIPALITY MAY ENTER INTO A JOINT SERVICE AGREEMENT, CONSIST-
 ENT WITH SECTION ONE HUNDRED NINETEEN-O OF THE  GENERAL  MUNICIPAL  LAW,
 WITH  ANOTHER MUNICIPALITY IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS
 SECTION.
   § 2. Section 402 of the vehicle and traffic law is amended by adding a
 new subdivision 9 to read as follows:
   9. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS
 SHALL APPLY:
   (I) "BYSTANDER" SHALL MEAN ANY NATURAL PERSON,  OTHER  THAN  A  POLICE
 OFFICER OR OTHER GOVERNMENTAL EMPLOYEE AUTHORIZED TO SERVE SUMMONS FOR A
 VIOLATION  OF THIS SECTION, WHO OBSERVES A NUMBER PLATE ON A MOTOR VEHI-
 CLE THAT HE OR SHE BELIEVES TO VIOLATE THE PROVISIONS OF  PARAGRAPH  (B)
 OF SUBDIVISION ONE OF THIS SECTION.
   (II) "LOCAL ENFORCEMENT AUTHORITY" SHALL MEAN ANY POLICE DEPARTMENT OR
 OTHER  GOVERNMENTAL  ENTITY  DESIGNATED BY A MUNICIPALITY TO ENFORCE THE
 PROVISIONS OF THIS CHAPTER.
   (III) "MUNICIPALITY" SHALL MEAN A COUNTY OUTSIDE THE CITY OF NEW YORK,
 OR A CITY, TOWN, OR VILLAGE.
   (B) ALL MUNICIPALITIES IN THIS STATE SHALL CREATE A PROGRAM IN WHICH A
 BYSTANDER MAY REPORT TO THE LOCAL ENFORCEMENT AUTHORITY A  NUMBER  PLATE
 THAT  HE  OR  SHE BELIEVES TO VIOLATE THE PROVISIONS OF PARAGRAPH (B) OF
 SUBDIVISION ONE OF THIS SECTION IN A FORM  PRESCRIBED  BY  SUCH  MUNICI-
 PALITY.  THE  MUNICIPALITY SHALL MAKE AVAILABLE AND POST ONLINE INFORMA-
 TION DESCRIBING SUCH PROGRAM AND ALL DETAILS THAT THE LOCAL  ENFORCEMENT
 AUTHORITY DEEMS NECESSARY AND RELEVANT TO INCLUDE IN A BYSTANDER REPORT,
 WHICH  MAY  INCLUDE  BUT  NOT  BE LIMITED TO TIME AND DATE VERIFICATION,
 MAKE, MODEL, AND COLOR OF THE MOTOR VEHICLE, LICENSE PLATE  NUMBER,  AND
 ISSUING  STATE.  SUCH  INFORMATION  SHALL  INCLUDE GUIDANCE ON GATHERING
 SUPPORTING DOCUMENTATION AND SHALL CLEARLY  DESCRIBE  ANTICIPATED  TIME-
 LINES  FOR  THE  INVESTIGATION OF SUCH ALLEGED VIOLATION AND ISSUANCE OF
 FINES.
   (C) ANY BYSTANDER WHO HAS SERVED A COMPLAINT UPON A LOCAL  ENFORCEMENT
 AUTHORITY,  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, SHALL RECEIVE
 TWENTY-FIVE PERCENT OF THE PROCEEDS OF A FINE IMPOSED PURSUANT TO SUBDI-
 VISION EIGHT OF THIS SECTION FOR DISCLOSURE OF INFORMATION  OR  EVIDENCE
 NOT  IN  THE  POSSESSION  OF  SUCH AUTHORITY PRIOR TO THE RECEIPT OF THE
 BYSTANDER'S COMPLAINT WHICH LEADS TO A FINDING OF  A  VIOLATION  OF  THE
 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
   (D)  A MUNICIPALITY MAY ENTER INTO A JOINT SERVICE AGREEMENT, CONSIST-
 ENT WITH SECTION ONE HUNDRED NINETEEN-O OF THE  GENERAL  MUNICIPAL  LAW,
 WITH  ANOTHER MUNICIPALITY IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS
 SECTION.
 S. 9496                             3
 
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. On or before such effective date, each muni-
 cipality, or set of municipalities if  entering  into  a  joint  service
 agreement  pursuant to section 119-o of the general municipal law, shall
 publish   online  a  description  of  the  bystander  reporting  program
 described in this act, including information related to  best  practices
 for the filing of a report.

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Senate Bill S9496

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9496 (ACTIVE) - Details

2021-S9496 (ACTIVE) - Summary

2021-S9496 (ACTIVE) - Sponsor Memo

2021-S9496 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9496

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Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9496 (ACTIVE) - Details

2021-S9496 (ACTIVE) - Summary

2021-S9496 (ACTIVE) - Sponsor Memo

2021-S9496 (ACTIVE) - Bill Text download pdf

Comments