Existing law prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. A violation of this provision is an infraction.

This bill would prohibit these acts to avoid visual or electronic capture of the license plate or its characters generally without regard to their capture by state or local law enforcement. By expanding the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. A violation of this provision is an infraction.

This bill would prohibit these acts to avoid visual or electronic capture of the license plate or its characters generally without regard to their capture by state or local law enforcement. By expanding the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. A violation of this provision is an infraction.

This bill would prohibit these acts to avoid visual or electronic capture of the license plate or its characters generally without regard to their capture by state or local law enforcement. By expanding the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

 CONSENT  

Bill No: AB 2111

Author: Wallis (R)

Introduced: 2/5/24

Vote: 21

SENATE TRANSPORTATION COMMITTEE: 12-0, 5/28/24

AYES: Cortese, Niello, Archuleta, Becker, Dodd, Gonzalez, Limón, Newman, Nguyen, Portantino, Seyarto, Umberg

NO VOTE RECORDED: Allen, Blakespear, Dahle

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/2/24 (Consent) - See last page for vote

SUBJECT: License plates: obstruction or alteration

SOURCE: Author

DIGEST:

This bill prohibits a person from altering their license plate or license plates’ reflective coating in order to evade electronic capture of the license plate, for any reason.

ANALYSIS:

Existing law:

1. Prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. (Vehicle Code § 5201.1)
2. Prohibits the sale of any product or device, which obscures or aims to obscure the reading of a license plate.
3. Prohibits a person from operating a vehicle with an obscured license plate.
4. Establishes that any violation of will result in a fine of $250 per violation.

This bill prohibits erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters to avoid visual or electronic capture of the license plate or its characters generally, regardless of reason.

Comments

1. Authors Statement. According to the author, “Recent data from the California Highway Patrol reveals a concerning surge in drivers tampering with license plates, including sanding off reflective coatings and making other alterations. With a 38% increase in citations over the past year and a 225% rise over two years, it's evident that existing laws fall short. AB 2111 addresses this gap by making it an offense to alter license plates with the intent to avoid detection, irrespective of law enforcement involvement. Currently, the law only applies when avoiding capture by law enforcement, leaving a critical void. This bill closes that gap, particularly as various camera tickets, such as toll violations and speed camera tickets, are not covered. This change will also close a loophole that allows intentional license plate modifications to be treated differently than installing a physical cover, without considering whether the intent for the modification was to avoid law enforcement detection. AB 2111 is a targeted solution to curb license plate tampering, protect public safety, and preserve the integrity of our roadways.”
2. Closing the loophole. The California Highway Patrol has reported a 225% increase in citations related to license plate obstruction in the past two years. Despite this increase in citations, law enforcement agencies claim it is difficult to convict violators. It is unlawful to make these alterations to the license plate only if the intention is to evade law enforcement detection, which is difficult to prove. The author aims to reduce the prevalence of license plate obstruction by removing the requirement to prove intent.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/10/24)

Arcadia Police Officers' Association
Burbank Police Officers' Association
California Coalition of School Safety Professionals
California Narcotic Officers' Association
California Police Chiefs Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association
Upland Police Officers Association

OPPOSITION: (Verified 6/10/24)

None received

ASSEMBLY FLOOR: 73-0, 5/2/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Wicks, Wilson, Wood, Zbur

NO VOTE RECORDED: Calderon, Megan Dahle, Flora, Low, Mathis, Weber, Robert Rivas

Prepared by: Randy Chinn / TRANS. / (916) 651-4121, Madison Hinojosa / TRANS. / (916) 651-4121

6/11/24 9:53:55

**** END ****

SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: Hearing Date: 5/28/2024

SUBJECT:

DIGEST: This bill prohibits a person from altering their license plate or license plates’ reflective coating in order to evade electronic capture of the license plate, for any reason.

ANALYSIS:

Existing law:

1. Prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement (Vehicle Code § 5201.1).
2. Prohibits the sale of any product or device, which obscures or aims to obscure the reading of a license plate.
3. Prohibits a person from operating a vehicle with an obscured license plate
4. Establishes that any violation of will result in a fine of $250 per violation.

This bill:

1. Prohibits erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters to avoid visual or electronic capture of the license plate or its characters generally, regardless of reason.

COMMENTS:

1. Authors Statement. According to the author, “Recent data from the California Highway Patrol reveals a concerning surge in drivers tampering with license plates, including sanding off reflective coatings and making other alterations. With a 38% increase in citations over the past year and a 225% rise over two years, it's evident that existing laws fall short. AB 2111 addresses this gap by making it an offense to alter license plates with the intent to avoid detection, irrespective of law enforcement involvement. Currently, the law only applies when avoiding capture by law enforcement, leaving a critical void. This bill closes that gap, particularly as various camera tickets, such as toll violations and speed camera tickets, are not covered. This change will also close a loophole that allows intentional license plate modifications to be treated differently than installing a physical cover, without considering whether the intent for the modification was to avoid law enforcement detection. AB 2111 is a targeted solution to curb license plate tampering, protect public safety, and preserve the integrity of our roadways.”
2. ALPR’s. Automated License Plate Recognition Systems (ALPR) are cameras used for the detection of license plate symbols in order to flag certain plates. ALPR’s are used by law enforcement agencies for crime reduction, toll companies for bridges and roads, and parking enforcement agencies. Agencies like the Bay Area Toll Authority have come to rely on ALPR’s to collect their tolls while reducing traffic congestion. AB 645 (Friedman, 2023) also created a speed-safety pilot program, which will allow the use of ALPRs to enforce speed limits in six California cities. As this technology has become more widespread, some drivers have turned to defacing their license plates in order to stop the detection of their plates from these cameras.
3. Closing the loophole. The California Highway Patrol has reported a 225% increase in citations related to license plate obstruction in the past two years. Despite this increase in citations, law enforcement agencies claim it is difficult to convict violators. It is unlawful to make these alterations to the license plate only if the intention is to evade law enforcement detection, which is difficult to prove. The author aims to reduce the prevalence of license plate obstruction by removing the requirement to prove intent.

Related Legislation:

AB 2489 (Hall, Chapter 702, Statutes of 2012). Prohibited a person from altering or covering a license plate in order to avoid law enforcement reading the license plate with a camera.

SB 712 (Anderson, 2017). Would have allowed the use of license plate covers on parked vehicles. This bill failed passage on the Senate Floor.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

POSITIONS: (Communicated to the committee before noon on Wednesday,

May 22, 2024.)

SUPPORT:

Arcadia Police Officers' Association

Burbank Police Officers' Association

California Coalition of School Safety Professionals

California Narcotic Officers' Association

California Police Chiefs Association

California Reserve Peace Officers Association

California State Sheriffs' Association

Claremont Police Officers Association

Corona Police Officers Association

Culver City Police Officers' Association

Deputy Sheriffs' Association of Monterey County

Fullerton Police Officers' Association

Los Angeles School Police Management Association

Los Angeles School Police Officers Association

Murrieta Police Officers' Association

Newport Beach Police Association

Novato Police Officers Association

Palos Verdes Police Officers Association

Placer County Deputy Sheriffs' Association

Pomona Police Officers' Association

Riverside Police Officers Association

Riverside Sheriffs' Association

Santa Ana Police Officers Association

Upland Police Officers Association

OPPOSITION:

None Received

-- END --

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2111

Author:(Wallis) – As Introduced Ver:February 5, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters, regardless of the reason for doing so.

This differs from existing law, which prohibits such an action, but only if the motivation for doing so is to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement.

FISCAL EFFECT:

No state costs from expansion of this infraction.

COMMENTS:

State law prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters. But the prohibition applies only if the motivation for doing so is to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. However, technologies that capture license plate images for a variety of purposes are seemingly ubiquitous, and many of those technologies are not operated by law enforcement. For example, cameras to detect toll violations, speeding and unauthorized parking may be operated by entities other than law enforcement.

The author, and the many law enforcement agencies in support of this bill, assert there has been an increase in attempts to cover or obscure license plates to avoid detection by surveillance systems not operated by law enforcement. According to these bill proponents, existing law does not prohibit such attempts. As a letter from dozens of California law enforcement agencies explains it:

Law enforcement has seen an increase in drivers sanding off the reflective coating of their license plate to make them more difficult to read (particularly at night). People have also made other alterations to their license plates such as painting them or covering up part of the plate.

The existing crime for altering a license plate to avoid detection only applies if the driver is attempting to avoid capture of the license plate by law enforcement. However, several types of camera tickets are not issued by law enforcement. These include toll violations, speed camera tickets, and camera tickets for parking illegally in a transit zone or bicycle lane.

AB 2111 will extend will treat covering the license plate to obscure it the same as altering your license place. This will ensure the law applies to drivers who have altered their license plate to avoid detection without regard to whether or not it is to avoid detection by state or local law enforcement.

This change will close a loophole that allows intentional license plate modifications to be treated differently than installing a physical cover, without considering whether the intent for the modification was to avoid law enforcement detection.

AB 2111 will allow law enforcement to have better vehicle information with which to solve crimes throughout the state.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: April 8, 2024

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

ABPCA Bill Id:AB 2111 (

Author:Wallis) – As Introduced Ver:February 5, 2024

SUBJECT: License plates: obstruction or alteration

SUMMARY: Prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate to avoid visual or electronic capture of the license plate or its characters, regardless of the reason.

EXISTING LAW:

1. Prohibits a person from erasing the reflective coating of, painting over the reflective coating of, or altering a license plate only if it’s to avoid visual or electronic capture of the license plate or its characters by state or local law enforcement. (Vehicle Code Section (VEH) 5202.1)
2. Prohibits the sale of a product or device that obscures, or is intended to obscure, the reading or recognition of a license plate by visual means, or by an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge or other toll facility and prohibits a person from operating a vehicle with such a product. (VEH 5202.1)
3. Makes the above described violations an infraction punishable with a base fine of $250 ($1105 after additional penalty assessments are added by the courts). (VEH 5202.1)
4. Requires a license plate to be securely fastened to the front and back of a vehicle for which they are issued in a manner that is clearly visible. (VEH 5201)
5. Prohibits the covering of a license plate except for a cover over a lawfully parked vehicle to protect it from the weather and the elements or a security cover so long as the device does not obstruct or impair the recognition of the license plate. (VEH 5201)

FISCAL EFFECT: Unknown

COMMENTS: AB 2489 (Hall), Chapter 702, Statutes of 2012 made it an infraction to alter or cover a license plate to avoid law enforcement reading the license plate with a camera. That bill, sponsored by the Los Angeles County Sheriff’s Department, was focused solely on addressing the use of automated license plate readers (ALPRs) as a surveillance tool.

ALPRs or other photo enforcement devices have become ubiquitous tools in transportation agencies to enforce transportation laws. Toll agencies and automated traffic enforcement systems like speed cameras and red light cameras increasingly use ALPR to capture violators more efficiently.

On January 1, 2021, the Bay Area Toll Authority converted all of its toll collection facilities to cashless facilities that rely on the use of FastTrack or ALPRs to collect tolls. As of 2022, there were about 473 lane-miles of high occupancy toll (HOT) lanes that rely on ALPRs for enforcement purposes on California’s state highway system. Orange County Toll Authority (OCTA) has relied on ALPRs for enforcing their 18-mile toll road since 1995. Since 2007 San Francisco could ticket drivers parked in bus-only lanes using photo enforcement, an authority that was expanded statewide in 2022. Finally, starting this year six cities will be able to install speed cameras to issue speeding tickets.

According to the author,  “Recent data from the California Highway Patrol reveals a concerning surge in drivers tampering with license plates, including sanding off reflective coatings and making other alterations. With a 38% increase in citations over the past year and a 225% rise over two years, it's evident that existing laws fall short. 

AB 2111 addresses this gap by making it an offense to alter license plates with the intent to avoid detection, irrespective of law enforcement involvement. Currently, the law only applies when avoiding capture by law enforcement, leaving a critical void. This bill is crucial in closing that gap, particularly as various camera tickets, such as toll violations and speed camera tickets, are not covered. This change will also close a loophole that allows intentional license plate modifications to be treated differently than installing a physical cover, without considering whether the intent for the modification was to avoid law enforcement detection. 

AB 2111 is a targeted solution to curb license plate tampering, protect public safety, and preserve the integrity of our roadways.”

The number of individuals ticketed for attempting to obscure their license plates has grown significantly as reliance on ALPRs has increased as an enforcement tool for tolls. CHP issued 331 violations for tampering with the reflective coating or altering a license in 2021. That number grew to 781 citations in 2022 and 1,077 in 2023. According to the Bay Area Toll Authority (BATA), state-owned bridges had 946,740 unpaid crossings due to obstructed or defaced plates, resulting in loss revenue of $6.8 million, or around 1% of total revenue. BATA notes that only a small percentage of that lost revenue is because of customers intentionally obscuring their plates. Most obstructed plates are due to bike racks, license plate frames, or unsecured temporary paper plates flapping in the wind. 

Other states have seen a significant rise in plate obfuscation as they rely more and more on photo enforcement for tolls and other traffic violations. A January 2024 audit from the New York City Comptroller found that the use of illegally obscured, temporary, or ghost license plates to avoid fines cost the city more than $100 million annually in lost fine revenue. In 2023, the New York City Triborough Bridge and Tunnel Authority reported it lost $50 million annually to toll evaders obscuring license plates. A report done by Inside Your World investigated 17 states using electronic tolls and concluded they were losing as much as $305 million each year in uncollected tolls.

Previous legislation: AB 516 (Mullin) Chapter 90, Statutes of 2016 created temporary license plates for newly sold vehicles.

AB 2489 (Hall) Chapter 702, Statutes of 2012 made it an infraction to alter or cover a license plate in order to avoid law enforcement reading the license plate with a camera.

SB 712 (Anderson) of 2017 would have allowed cars to use a license plate cover when parked. That bill died on the Senate Floor.

REGISTERED SUPPORT / OPPOSITION:

Support

Arcadia Police Officers' Association
Burbank Police Officers' Association
California Coalition of School Safety Professionals
California Narcotic Officers' Association
California Reserve Peace Officers Association
California State Sheriffs' Association
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers' Association
Newport Beach Police Association
Novato Police Officers Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association
Upland Police Officers Association

Opposition

None on file

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093