S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9772
 
                           I N  A S S E M B L Y
 
                             February 6, 2018
                                ___________
 
 Introduced by M. of A. TITONE -- 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.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03776-01-7

 A. 9772                             2
 
   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.