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Assembly Bill A8349

2021-2022 Legislative Session

Requires policies for the use of automatic license plate reader systems

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Archive: Last Bill Status - In Assembly Committee

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2021-A8349 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2023-2024: A2615
2025-2026: A563

2021-A8349 (ACTIVE) - Summary

Requires every business, individual, partnership, corporation, association, or state or local government non-law enforcement entity which uses an automatic license plate reader system to adopt a policy governing the use of such system and conspicuously post such policy on its website or place of business.

2021-A8349 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8349
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring poli-
   cies for 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. POLICY FOR THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
 1. AS USED IN THIS SECTION,  "AUTOMATIC  LICENSE  PLATE  READER  SYSTEM"
 SHALL  MEAN  A  SYSTEM OF ONE OR MORE MOBILE OR FIXED HIGH-SPEED CAMERAS
 USED IN COMBINATION  WITH  COMPUTER  ALGORITHMS  TO  CONVERT  IMAGES  OF
 LICENSE PLATES INTO COMPUTER-READABLE DATA.
   2.  A  BUSINESS, INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION, OR
 STATE OR LOCAL GOVERNMENT NON-LAW ENFORCEMENT ENTITY WHICH USES AN AUTO-
 MATIC LICENSE PLATE READER SYSTEM SHALL ADOPT A POLICY GOVERNING THE USE
 OF SUCH SYSTEM AND CONSPICUOUSLY POST SUCH POLICY ON ITS WEBSITE, OR  IF
 THE  BUSINESS,  INDIVIDUAL,  PARTNERSHIP,  CORPORATION,  ASSOCIATION, OR
 STATE OR LOCAL GOVERNMENT NON-LAW ENFORCEMENT ENTITY DOES NOT MAINTAIN A
 WEBSITE, IN ITS MAIN OFFICE OR PLACE OF BUSINESS. SUCH POLICY  SHALL  BE
 MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
   3.  A POLICY ADOPTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
 INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS ON PERMISSIBLE  USES  OF  THE
 AUTOMATIC  LICENSE  PLATE  READER  TECHNOLOGY,  DATA SHARING AND DISSEM-
 INATION, PROHIBITED USE, RECORD RETENTION AND MANAGEMENT, AND TRAINING.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO  AN  ELECTRONIC
 TOLL COLLECTION SYSTEM OR ASSOCIATED TRANSACTION SYSTEM OR ANY COMPONENT
 THEREOF  WHICH  IS  OPERATED  BY  A  PUBLIC AUTHORITY FOR THE PURPOSE OF
 IMPOSING AND COLLECTING TOLLS ON A ROADWAY WITHIN THE STATE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13290-01-1

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