Senate Bill S6053

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6053
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 establishing
   the automatic uninsured vehicle enforcement program
 
   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 319-a to read as follows:
   § 319-A. AUTOMATIC  UNINSURED  VEHICLE  ENFORCEMENT  PROGRAM.  1.  THE
 COMMISSIONER SHALL ESTABLISH A PROGRAM TO USE TECHNOLOGY AND SOFTWARE TO
 AID IN DETECTION OF VIOLATIONS OF SECTION THREE HUNDRED NINETEEN OF THIS
 ARTICLE.  SUCH  PROGRAM SHALL EMPOWER A COUNTY, CITY, TOWN OR VILLAGE TO
 AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES TO INSTALL AND OPERATE AUTOMAT-
 IC LICENSE PLATE READER SYSTEMS ON PUBLIC HIGHWAYS WITHIN  SUCH  COUNTY,
 CITY, TOWN OR VILLAGE.
   2.  (A)  PARTICIPATING  LAW  ENFORCEMENT  AGENCIES  MAY  USE AUTOMATIC
 LICENSE PLATE READER  SYSTEMS  UTILIZING  INDIVIDUAL  AUTOMATIC  LICENSE
 PLATE  READER  SYSTEM  UNITS TO ACCESS AND COLLECT DATA FOR THE INVESTI-
 GATION, DETECTION, ANALYSIS OR  ENFORCEMENT  OF  SECTION  THREE  HUNDRED
 NINETEEN OF THIS ARTICLE.
   (B)  TO  ACCOMPLISH  THE PURPOSES OF THE PROGRAM, AUTHORIZED LOCAL LAW
 ENFORCEMENT AGENCIES SHALL BE ALLOWED TO  ACCESS  THE  DATABASE  CREATED
 PURSUANT  TO  SUBDIVISION FOUR OF SECTION THREE HUNDRED THIRTEEN OF THIS
 ARTICLE TO ESTABLISH COMPLIANCE WITH SECTION THREE HUNDRED  NINETEEN  OF
 THIS ARTICLE.
   (C)  ACCESS TO THE DATABASE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION SHALL BE RESTRICTED TO AUTHORIZED LAW ENFORCEMENT AGENCY  USERS  IN
 THE  PROGRAM,  PROVIDED, ANY ENTITY WITH WHICH A CONTRACT IS EXECUTED TO
 PROVIDE NECESSARY TECHNOLOGY, EQUIPMENT AND MAINTENANCE FOR PURPOSES  OF
 THE  PROGRAM  SHALL  BE  AUTHORIZED,  AS  NECESSARY,  TO COLLABORATE FOR
 REQUIRED UPDATES AND MAINTENANCE OF THEIR SOFTWARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10813-01-9

 S. 6053                             2
 
   (D) ANY DATA COLLECTED AND STORED BY LAW ENFORCEMENT PURSUANT  TO  THE
 PROGRAM SHALL BE CONSIDERED EVIDENCE IF NONCOMPLIANCE WITH SECTION THREE
 HUNDRED NINETEEN OF THIS ARTICLE IS CONFIRMED.
   3.  A  LAW  ENFORCEMENT  OFFICER  MAY VERIFY BY SWORN AFFIDAVIT THAT A
 PHOTOGRAPH GENERATED BY AN AUTOMATIC LICENSE PLATE  READER  SYSTEM  UNIT
 IDENTIFIES  A PARTICULAR VEHICLE OPERATING ON OR HAVING BEEN OPERATED ON
 A PUBLIC HIGHWAY AND THAT THE DATABASE CREATED PURSUANT  TO  SUBDIVISION
 FOUR  OF  SECTION  THREE HUNDRED THIRTEEN OF THIS ARTICLE SHOWS THAT THE
 VEHICLE WAS UNINSURED AT THE TIME SUCH VEHICLE WAS BEING OPERATED.  SUCH
 AFFIDAVIT SHALL CONSTITUTE PROBABLE CAUSE FOR PROSECUTION.
   4. DATA COLLECTED OR RETAINED THROUGH THE USE OF AN AUTOMATED  LICENSE
 PLATE  READER  SYSTEM PURSUANT TO THE PROGRAM SHALL BE RETAINED BY A LAW
 ENFORCEMENT AGENCY WHEN  THE  DATA  IS  BEING  USED  AS  EVIDENCE  OF  A
 VIOLATION  OF  SECTION THREE HUNDRED NINETEEN OF THIS ARTICLE; PROVIDED,
 WHEN SUCH DATA IS NO LONGER NEEDED AS EVIDENCE OF A VIOLATION, THE  DATA
 SHALL BE DELETED OR DESTROYED.
   5.  (A)  DATA  COLLECTED  OR  RETAINED THROUGH THE USE OF AN AUTOMATED
 LICENSE PLATE READER SYSTEM SHALL NOT BE USED BY ANY INDIVIDUAL OR AGEN-
 CY FOR PURPOSES OTHER THAN ENFORCEMENT OF SECTION THREE HUNDRED NINETEEN
 OF THIS ARTICLE OR AS OTHERWISE PERMITTED BY LAW.
   (B) NO LAW ENFORCEMENT AGENCY OR OTHER ENTITY  AUTHORIZED  TO  OPERATE
 UNDER  THIS  PROGRAM  SHALL  SELL  CAPTURED  LICENSE  PLATE DATA FOR ANY
 PURPOSE OR SHARE IT FOR ANY PURPOSE NOT  EXPRESSLY  AUTHORIZED  BY  THIS
 SECTION.
   (C)  ANY AND ALL DATA COLLECTED, RETAINED OR SHARED THROUGH THE USE OF
 AN AUTOMATED LICENSE  PLATE  READER  SYSTEM,  EXCEPT  DATA  RETAINED  AS
 EVIDENCE  OF A VIOLATION OF SECTION THREE HUNDRED NINETEEN OF THIS ARTI-
 CLE, SHALL BE EXEMPT FROM ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   6. THE COMMISSIONER, IN COOPERATION WITH ANY  COUNTY,  CITY,  TOWN  OR
 VILLAGE  WHICH  HAS AUTHORIZED THE USE OF AUTOMATIC LICENSE PLATE READER
 SYSTEMS PURSUANT TO THIS SECTION, SHALL ON OR BEFORE  JANUARY  FIRST  OF
 EACH  YEAR  CONDUCT  A  STUDY  AND SUBMIT A REPORT ON THE RESULTS OF THE
 AUTOMATIC UNINSURED VEHICLE ENFORCEMENT PROGRAM  TO  THE  GOVERNOR,  THE
 TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH
 REPORT SHALL INCLUDE AN EVALUATION OF PROGRAM OPERATIONS AND ANY  RECOM-
 MENDATIONS FOR IMPROVEMENT OF THE PROGRAM.
   7.  FOR THE PURPOSES OF THIS SECTION THE TERM "AUTOMATIC LICENSE PLATE
 READER SYSTEM" MEANS A SYSTEM OF ONE OR MORE MOBILE OR  LAW-ENFORCEMENT-
 CONTROLLED  CAMERAS  COMBINED WITH COMPUTER ALGORITHMS TO CONVERT IMAGES
 OF REGISTRATION PLATES INTO COMPUTER-READABLE DATA.
   8. THE PROVISIONS OF THE PROGRAM SHALL NOT APPLY TO, OR  BE  CONSTRUED
 OR  INTERPRETED  IN A MANNER TO PROHIBIT THE USE OF, ANY OTHER AUTOMATED
 LICENSE PLATE READER SYSTEM BY AN INDIVIDUAL OR PRIVATE LEGAL ENTITY FOR
 PURPOSES NOT OTHERWISE PROHIBITED BY LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.