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
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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.