Senate Bill S7088

2017-2018 Legislative Session

Relates to the operation of traffic-control signal photo violation-monitoring devices

download bill text pdf

Sponsored By

Archive: Last 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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2017-S7088 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1111-f, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5280
2011-2012: S7491
2013-2014: S211
2015-2016: S163
2019-2020: S2347
2021-2022: S2900

2017-S7088 (ACTIVE) - Summary

Relates to the operation of traffic-control signal photo violation-monitoring devices.

2017-S7088 (ACTIVE) - Sponsor Memo

2017-S7088 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7088
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  the  opera-
   tion of traffic-control signal photo violation-monitoring devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1111-f to read as follows:
   §  1111-F.  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES;
 PROHIBITIONS AND PROTECTIONS.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW,  RULE OR REGULATION TO THE CONTRARY, A CITY OR COUNTY AUTHORIZED TO
 INSTALL AND OPERATE TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING
 DEVICES PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF
 THIS  ARTICLE SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF
 DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTIFYING INFORMA-
 TION MAY BE CAPTURED BY SUCH DEVICES. SUCH  PRIVACY-PROTECTION  MEASURES
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1.  UTILIZATION  OF  NECESSARY  TECHNOLOGIES  TO ENSURE, TO THE EXTENT
 PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY  SUCH  TRAFFIC-CONTROL  SIGNAL
 PHOTO VIOLATION-MONITORING DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
 FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE.  HOWEVER,
 NO  NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN HUNDRED
 ELEVEN-B OF THIS ARTICLE SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
 OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
 CLE, PROVIDED THAT SUCH CITY OR COUNTY HAS MADE A REASONABLE  EFFORT  TO
 COMPLY WITH THE PROVISIONS OF THIS SECTION;
   2.  PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLE'S LICENSE PLATE
 INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC-CONTROL
 SIGNAL PHOTO VIOLATION-MONITORING DEVICES EXCEPT AS REQUIRED  TO  ESTAB-
 LISH  LIABILITY  UNDER  THIS SECTION OR COLLECT PAYMENT OF PENALTIES; OR
 UNLESS AUTHORIZED BY A COURT ORDERED SUBPOENA OR SEARCH  WARRANT  ISSUED
 IN  RESPONSE  TO  A REQUEST BY LAW ENFORCEMENT OFFICIALS PERTAINING TO A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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