Bill Text: NY A02615 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies; requires such non-law enforcement agencies to conspicuously post such policy on their website or in their place of business.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-18 - advanced to third reading cal.223 [A02615 Detail]

Download: New_York-2023-A02615-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2615--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Consumer  Affairs  and  Protection  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend  the  executive  law and the general business law, in
          relation to requiring policies for the use of automatic license  plate
          reader systems

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs 15 and 16 of subdivision 3 of  section  94-a  of
     2  the  executive law, paragraph 15 as amended and paragraph 16 as added by
     3  chapter 374 of the laws of 2022, are amended and a new paragraph  17  is
     4  added to read as follows:
     5    (15)  create  an internet website or webpage pursuant to section three
     6  hundred ninety-c of the general business law, as added by  chapter  five
     7  hundred nine of the laws of two thousand seven; [and]
     8    (16) exercise such powers and duties granted to the secretary by arti-
     9  cle  sixteen  of  the energy law as the secretary may direct, including,
    10  but not limited to: consult with such president of the  New  York  state
    11  energy  research  and  development authority in connection with investi-
    12  gations conducted by such president pursuant to article sixteen  of  the
    13  energy  law; make determinations relating to compliance by products with
    14  the standards adopted pursuant to article sixteen  of  the  energy  law;
    15  order  the  immediate  cessation  of any distribution, sale or offer for
    16  sale, import, or installation of any product that  does  not  meet  such
    17  standards; and impose civil penalties as contemplated by article sixteen
    18  of the energy law[.] ; and
    19    (17) (i) Develop, maintain  and disseminate a minimum standards policy
    20  governing  the  use of automatic license plate reader systems by non-law
    21  enforcement entities. The minimum standards policy  shall  include,  but
    22  not  be  limited  to,  provisions  on  permissible uses of the automatic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05330-04-3
        A. 2615--A                          2

     1  license plate reader technology, data sharing and dissemination, prohib-
     2  ited uses, record retention and management, and training.  For  purposes
     3  of  this  section,  "automatic license plate reader system" shall mean a
     4  system of one or more mobile or fixed high-speed cameras used  in combi-
     5  nation  with  computer  algorithms to   convert images of license plates
     6  into computer-readable data. The department of  state  shall  post  such
     7  policy  on  its website, in a location accessible to the public, and all
     8  non-law enforcement entities using automatic license  plate  readers  in
     9  the state.
    10    (ii)  Recommend to the governor, the temporary president of the senate
    11  and the speaker of the assembly, rules and regulations with  respect  to
    12  the  establishment  and implementation on an ongoing basis of a training
    13  program for all current and new employees of non-law  enforcement  enti-
    14  ties  regarding the policies and procedures established pursuant to this
    15  paragraph, along with recommendations for periodic  retraining  of  such
    16  employees.
    17    §  2. The general business law is amended by adding a new section 399-
    18  zzzzzz to read as follows:
    19    § 399-zzzzzz. Disclosure of the minimum standards policy for automatic
    20  license plate readers  by  non-law  enforcement  entities.  All  non-law
    21  enforcement  agencies using automatic license plate reader systems shall
    22  conspicuously post the minimum standards    for  the  use  of  automatic
    23  license  plate  reader systems policy, promulgated pursuant to paragraph
    24  seventeen of subdivision three of section ninety-four-a of the executive
    25  law, on its website, or if such  non-law  enforcement  entity  does  not
    26  maintain  a   website,   in  its  main office. Such policy shall be made
    27  available to the public upon request. For   purposes  of  this  section,
    28  "automatic  license  plate  reader system" shall mean a system of one or
    29  more mobile or fixed high-speed cameras used   in    combination    with
    30  computer  algorithms   to  convert  images of license plates into compu-
    31  ter-readable data.
    32    § 3. This act shall take effect one year after it shall have become  a
    33  law. Effective immediately, the addition, amendment and/or repeal of any
    34  rule or regulation necessary for the implementation of this act  on  its
    35  effective date are authorized to be made and completed on or before such
    36  effective date.