NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9012A
SPONSOR: Hunter TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the removal
of all distinctive markings and affixed lights from a police vehicle
prior to decommissioning and sale
PURPOSE:
The purpose of this bill is to require the removal of police markings
and lights from decommissioned vehicles prior to selling them to the
public.
SUMMARY OF PROVISIONS:
Section 1: Subdivision 21-a of section 375 of vehicle and traffic law is
amended to remove language requiring the purchaser of a decommissioned
police vehicle to remove designated markings. The police department must
remove markings prior to sale.
Section 2: Section 375 of the vehicle and traffic law is amended by
adding a new subdivision 52. All police vehicles owned by the state,
public authority, a county, town, city or village must remove distinc-
tive markings and affixed lights prior to sale. The commissioner of
transportation and the commissioner of the division of criminal justice
services shall promulgate rules and regulations on the specific decom-
missioning process.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended language removes the necessity to alter police patterns on
vehicles and specifies that departments must remove markings and affixed
lights. The removal of markings is now the responsibility of departments
in New York City, Albany, Buffalo, Rochester, Syracuse, and Yonkers.
JUSTIFICATION:
Police markings and lights on a vehicle are inappropriate for civilian
use. Allowing vehicles to retain characteristics reserved for emergency
vehicles, even during a grace period, increases potential for confusing
and dangerous situations. A person may use the appearance of a decommis-
sioned vehicle to maneuver through traffic in a dangerous manner or
worse, may impersonate an officer in order to victimize someone. By
requiring the removal of police lights and markings this bill will
reduce instances of dangerous police impersonation and confusion during
certain traffic situations. The cost of these removals can be funded
through the proceeds from the sale of the vehicle.
In July of 2017, the owner of a decommissioned 2007 Dodge Charger was
involved in a dangerous accident when he decided to pursue motorcyclists
for a perceived road rage accident. Emergency lights and the faded
outline of police department logo was still visible on the vehicle. This
accident resulted in a totaled motorcycle, injuries, and endangered a 4
year old.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become
law and shall apply to all police vehicles sold on and after such date.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
STATE OF NEW YORK
________________________________________________________________________
9012--A
IN ASSEMBLY
January 12, 2018
___________
Introduced by M. of A. HUNTER, COOK, COLTON, LAWRENCE, GOTTFRIED, GALEF,
HYNDMAN -- Multi-Sponsored by -- M. of A. ERRIGO -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the vehicle and traffic law, in relation to the removal
of all distinctive markings and affixed lights from a police vehicle
prior to decommissioning and sale
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 21-a of section 375 of the vehicle and traffic
2 law, as amended by chapter 112 of the laws of 1996, is amended to read
3 as follows:
4 21-a. In any case where a New York state police or New York city,
5 Albany, Buffalo, Rochester, Syracuse or Yonkers police department vehi-
6 cle is painted a distinctive color which would designate it in the
7 public's view as such a state or city police vehicle, the purchaser of
8 such vehicle shall cause the color of its paint to be altered [and any
9 designated markings to be removed] within fifteen days of registration.
10 § 2. Section 375 of the vehicle and traffic law is amended by adding a
11 new subdivision 52 to read as follows:
12 52. No police vehicle owned by the state, a public authority, a coun-
13 ty, town, city or village shall be sold unless, prior to such sale, such
14 vehicle is decommissioned and any distinctive markings and affixed
15 lights which would designate it in the public's view as such a police
16 vehicle have been removed. The commissioner of the division of criminal
17 justice services, in consultation with the commissioner, shall promul-
18 gate rules and regulations determining the specifications for decommis-
19 sioning police vehicles and for the removal of such distinctive markings
20 and affixed lights prior to sale.
21 § 3. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law and shall apply to all police vehicles sold
23 on and after such date. Effective immediately, the addition, amendment
24 and/or repeal of any rule or regulation necessary for the implementation
25 of this act on its effective date are authorized and directed to be made
26 and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13654-04-8
