S T A T E O F N E W Y O R K
________________________________________________________________________
919
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. M. G. MILLER -- read once and referred to the
Committee on Cities
AN ACT to amend the administrative code of the city of New York, the
public health law and the executive law, in relation to prohibiting
the use of certain devices or technology during the conduct of
inspections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding two new sections 17-302 and 20-120 to read as follows:
§ 17-302 INSPECTIONS; PROHIBITIONS. NO OFFICER OR EMPLOYEE OF THE
DEPARTMENT WHO IS CONDUCTING AN INSPECTION OF A PREMISES LICENSED OR
REGULATED UNDER THIS TITLE SHALL UTILIZE ANY DEVICE OR TECHNOLOGY WHICH
PERMITS THE USER TO CONDUCT A LIVE FEED OF DATA OR IMAGES TO A REMOTE
VIEWER. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN INSPECTOR
FROM PHOTOGRAPHING OR RECORDING IMAGES, DATA OR COMMUNICATIONS FOR THE
PURPOSES OF FUTURE ACCESS AND VIEWING.
§ 20-120 INSPECTIONS; PROHIBITIONS. NO OFFICER OR EMPLOYEE OF THE
DEPARTMENT WHO IS CONDUCTING AN INSPECTION OF A PREMISES LICENSED OR
REGULATED UNDER THIS TITLE SHALL UTILIZE ANY DEVICE OR TECHNOLOGY WHICH
PERMITS THE USER TO CONDUCT A LIVE FEED OF DATA OR IMAGES TO A REMOTE
VIEWER. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN INSPECTOR
FROM PHOTOGRAPHING OR RECORDING IMAGES, DATA OR COMMUNICATIONS FOR THE
PURPOSES OF FUTURE ACCESS AND VIEWING.
§ 2. The public health law is amended by adding a new section 1312 to
read as follows:
§ 1312. INSPECTIONS; PROHIBITIONS. NO OFFICER OR EMPLOYEE OF THE
DEPARTMENT OR OF ANY LOCAL BOARD OF HEALTH WHO IS CONDUCTING AN
INSPECTION OF A PREMISES LICENSED OR REGULATED UNDER THIS CHAPTER SHALL
UTILIZE ANY DEVICE OR TECHNOLOGY WHICH PERMITS THE USER TO CONDUCT A
LIVE FEED OF DATA OR IMAGES TO A REMOTE VIEWER. THE PROVISIONS OF THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00155-01-9
A. 919 2
SECTION SHALL NOT PROHIBIT AN INSPECTOR FROM PHOTOGRAPHING OR RECORDING
IMAGES, DATA OR COMMUNICATIONS FOR THE PURPOSES OF FUTURE ACCESS AND
VIEWING.
§ 3. Section 381 of the executive law is amended by adding a new
subdivision 7 to read as follows:
7. NO STATE OR LOCAL OFFICER OR AGENT WHO IS CONDUCTING AN INSPECTION
OF ANY PREMISES TO DETERMINE COMPLIANCE WITH STATE OR LOCAL CODES SHALL
UTILIZE ANY DEVICE OR TECHNOLOGY WHICH PERMITS THE USER TO CONDUCT A
LIVE FEED OF DATA OR IMAGES TO A REMOTE VIEWER. THE PROVISIONS OF THIS
SECTION SHALL NOT PROHIBIT AN INSPECTOR FROM PHOTOGRAPHING OR RECORDING
IMAGES, DATA OR COMMUNICATIONS FOR THE PURPOSES OF FUTURE ACCESS AND
VIEWING.
§ 4. This act shall take effect immediately.