S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8341
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KAVANAGH,  DINOWITZ, PEOPLES-STOKES, WALTER,
   M. G. MILLER, COOK, PICHARDO,  STIRPE,  GOTTFRIED,  GALEF,  HOOPER  --
   Multi-Sponsored  by  --  M.    of A. BRAUNSTEIN, GLICK, KEARNS, SIMON,
   SOLAGES -- read once and referred to the Committee on Consumer Affairs
   and Protection

 AN ACT to amend the general business law, in relation to banning 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:
 
   Section 1. The general business law is amended by adding a new section
 397-b to read as follows:
   §  397-B. USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS PROHIBITED. 1.
 AS USED IN THIS SECTION THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:    (A)  "AUTOMATIC  LICENSE  PLATE READER SYSTEM" SHALL MEAN A
 SYSTEM OF ONE OR MORE MOBILE OR FIXED HIGH SPEED CAMERAS USED IN  COMBI-
 NATION WITH COMPUTER ALGORITHMS TO CONVERT IMAGES OF LICENSE PLATES INTO
 COMPUTER-READABLE DATA.
   (B)  "ELECTRONIC  TOLL  COLLECTION  SYSTEM"  SHALL  MEAN  A  SYSTEM OF
 COLLECTING TOLLS OR CHARGES WHICH IS  CAPABLE  OF  CHARGING  AN  ACCOUNT
 HOLDER  THE  APPROPRIATE  TOLL  OR CHARGE BY TRANSMISSION OF INFORMATION
 FROM AN ELECTRONIC DEVICE ON A MOTOR VEHICLE TO THE TOLL LANE IN ACCORD-
 ANCE WITH THE TOLL COLLECTION REGULATION OF  A  PUBLIC  AUTHORITY  WHICH
 OPERATES  A  TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY, WHICH INFORMA-
 TION IS USED BY SUCH PUBLIC AUTHORITY TO CHARGE THE ACCOUNT  THE  APPRO-
 PRIATE TOLL OR CHARGE.
   (C) "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR INSTALLED TO
 WORK  IN CONJUNCTION WITH A TOLL COLLECTION FACILITY WHICH AUTOMATICALLY
 PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR MORE MICROPHOTOGRAPHS, A  VIDE-
 OTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME IT IS USED OR
 OPERATED IN VIOLATION OF TOLL COLLECTION REGULATIONS OF A PUBLIC AUTHOR-
 ITY WHICH OPERATES A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03776-01-7

 A. 8341                             2
 
   (D)  "TOLL  COLLECTION  REGULATIONS"  SHALL MEAN THOSE RULES AND REGU-
 LATIONS OF A PUBLIC AUTHORITY PROVIDING FOR AND REQUIRING THE PAYMENT OF
 TOLLS AND/OR CHARGES PRESCRIBED BY SUCH PUBLIC AUTHORITY FOR THE USE  OF
 BRIDGES, TUNNELS OR HIGHWAYS UNDER ITS JURISDICTION.
   2.  IT  SHALL  BE  UNLAWFUL  FOR ANY PERSON, FIRM, PARTNERSHIP, CORPO-
 RATION, OR ASSOCIATION, TO USE AN AUTOMATIC LICENSE PLATE READER SYSTEM.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  AN  ELECTRONIC
 TOLL COLLECTION SYSTEM OR PHOTO-MONITORING SYSTEM.
   4.  A  VIOLATION  OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
 VIOLATION, AND UPON CONVICTION THEREOF SHALL BE PUNISHABLE BY A FINE  OF
 NOT  MORE  THAN ONE THOUSAND DOLLARS. EACH UNLAWFULLY INSTALLED OR MAIN-
 TAINED DEVICE SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
   § 2.  This act shall take effect immediately.