NY State Senate Bill 2023-S4494

Current Bill Status - In Senate Committee Transportation 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
Jan 03, 2024	referred to transportation
Feb 09, 2023	referred to transportation

co-Sponsors

2023-S4494 (ACTIVE) - Details

See Assembly Version of this Bill:: A1174
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§392-a & 402, V & T L
Versions Introduced in 2021-2022 Legislative Session:: S9496, A10650

2023-S4494 (ACTIVE) - Summary

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

2023-S4494 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4494

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 MIA'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, as much of this illegal tampering is clearly
evident to passersby.

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:

2022: S9496 - Referred to Rules

 
FISCAL IMPLICATIONS:

TBD

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

2023-S4494 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4494
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03569-01-3

 S. 4494                             2
 
 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
 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,
 S. 4494                             3
 
 WITH ANOTHER MUNICIPALITY IN ORDER TO EFFECTUATE THE PROVISIONS OF  THIS
 SECTION.
   § 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 S4494

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2023-S4494 (ACTIVE) - Details

2023-S4494 (ACTIVE) - Summary

2023-S4494 (ACTIVE) - Sponsor Memo

2023-S4494 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4494

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Julia Salazar

2023-S4494 (ACTIVE) - Details

2023-S4494 (ACTIVE) - Summary

2023-S4494 (ACTIVE) - Sponsor Memo

2023-S4494 (ACTIVE) - Bill Text download pdf

Comments