NY State Senate Bill 2021-S685B

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2022	print number 685b
Mar 11, 2022	amend and recommit to consumer protection
Jan 05, 2022	referred to consumer protection
Jun 01, 2021	print number 685a
Jun 01, 2021	amend (t) and recommit to consumer protection
Jan 06, 2021	referred to consumer protection

Bill Amendments

Original

B (Active)

2021-S685 - Details

See Assembly Version of this Bill:: A940
Current Committee:: Senate Consumer Protection
Law Section:: Executive Law
Laws Affected:: Amd §840, add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7245
2017-2018: S23
2019-2020: S40, A7254
2023-2024: S3165, A4157

2021-S685 - Summary

Relates to automatic license plate readers (ALPRs) and mandatory postings of policies and annual reporting requirements.

2021-S685 - Sponsor Memo

                                
 
BILL NUMBER: S685

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the general business law and the executive law, in
relation to the use of automatic license plate reader systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit businesses and individuals from using automatic
license plate readers and create guidelines for the use of such technol-
ogy by law enforcement agencies in New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general business law by adding a new section 397-b
which prohibits the use of automatic license plate readers by any busi-
ness, individual, partnership, corporation, association, or state or
local government non-law enforcement entity. This section also provides
fines for violations of the new section.

Section 2 amends executive law by adding a new section 837-s that
authorized law enforcement agencies to use automatic license plate read-
ers under certain circumstances. This section also provides relevant
definitions for the new section.

Section 3 sets the effective date.

 
JUSTIFICATION:

Automatic License Plate Reader (ALPR) technology has become an increas-
ingly useful tool for law enforcement agencies for the purpose of aiding
and assisting in catching criminals. However, this technology is also
currently available to any business or individual that seeks to use it.
New Yorkers have always valued privacy and the use of ALPR technology
can infringe upon an innocent citizen's inherent right to privacy.
According the American Civil Liberties Union, this technology and data
derived from it can essentially map out the entire life of a private
citizen who has not committed or even been suspected of any crimes.

This legislation would prohibit the use of ALPR technology except by law
enforcement agencies in New York. The bill also sets guidelines for the
use of such technology by law enforcement, as well as the length of time
they may keep any data derived from the use of ALPR technology.

 
PRIOR LEGISLATIVE HISTORY:

S.0040 of 2019-2020 (Hoylman): Died in Consumer Protection
A.7254 of 2019-2020 (Paulin): Died in Governmental Operations
S.0023 of 2017-2018 (Hoylman): Died in Transportation
S.7245 of 2016 (Hoylman): Died in Consumer Protection

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S685 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    685
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business  law  and  the  executive  law,  in
   relation to 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.  AS
 USED IN THIS SECTION:   1. "AUTOMATIC LICENSE PLATE  READER  SYSTEM"  OR
 "ALPR  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.  IT  SHALL  BE  UNLAWFUL FOR ANY BUSINESS, INDIVIDUAL, PARTNERSHIP,
 CORPORATION, ASSOCIATION, OR STATE OR LOCAL GOVERNMENT NON-LAW  ENFORCE-
 MENT ENTITY TO USE AN AUTOMATIC LICENSE PLATE READER SYSTEM.
   3.  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.
   4.  A  VIOLATION  OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
 VIOLATION, AND UPON CONVICTION THEREOF SHALL BE PUNISHABLE BY A TERM  OF
 IMPRISONMENT  NOT  TO EXCEED FIFTEEN DAYS, OR BY A FINE OF NOT MORE THAN
 ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH UNLAW-
 FULLY INSTALLED OR MAINTAINED DEVICE SHALL  CONSTITUTE  A  SEPARATE  AND
 DISTINCT VIOLATION.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02067-01-1

 S. 685                              2
 
   § 837-W. USE OF AUTOMATIC LICENSE PLATE  READERS  BY  LAW  ENFORCEMENT
 AGENCIES.  1. THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS BY STATE
 AND LOCAL LAW ENFORCEMENT AGENCIES SHALL BE GOVERNED BY THIS SECTION.
   (A)  "AUTOMATIC  LICENSE  PLATE  READER SYSTEM" OR "ALPR 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.
   (B)  "CAPTURED  PLATE  DATA"  SHALL MEAN THE GPS COORDINATES, DATE AND
 TIME, PHOTOGRAPH, LICENSE PLATE NUMBER, AND ANY OTHER DATA  CAPTURED  BY
 OR DERIVED FROM ANY ALPR SYSTEM.
   (C)  "SECURED  AREA" SHALL MEAN AN AREA, ENCLOSED BY CLEAR BOUNDARIES,
 TO WHICH ACCESS IS LIMITED AND ENTRY IS ONLY OBTAINABLE THROUGH SPECIFIC
 ACCESS-CONTROL POINTS.
   2. (A) A STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY  USE  AN  AUTOMATIC
 LICENSE PLATE READER FOR THE IMMEDIATE COMPARISON OF CAPTURED PLATE DATA
 HELD  BY  THE  REGISTRY  OF  MOTOR  VEHICLES, THE DEPARTMENT OF CRIMINAL
 JUSTICE INFORMATION SERVICES, THE NATIONAL CRIME INFORMATION CENTER, THE
 FBI KIDNAPPINGS AND MISSING PERSONS LIST, AND THE NEW YORK  STATE  AMBER
 ALERT PLAN FOR THE PURPOSE OF IDENTIFYING:
   (I) OUTSTANDING PARKING OR TRAFFIC VIOLATIONS;
   (II) A VIOLATION OF VEHICLE REGISTRATION REQUIREMENTS;
   (III) A VEHICLE IN VIOLATION OF INSPECTION REQUIREMENTS;
   (IV) A STOLEN VEHICLE OR STOLEN LICENSE PLATE;
   (V)  A  VEHICLE  REGISTERED  TO  AN  INDIVIDUAL  FOR  WHOM THERE IS AN
 OUTSTANDING DEFAULT OR ARREST WARRANT FOR FELONY CHARGES; OR
   (VI) A VEHICLE ASSOCIATED WITH A MISSING PERSON.
   (B) AUTOMATIC LICENSE PLATE READERS MAY ALSO BE USED: (I)  BY  PARKING
 ENFORCEMENT ENTITIES FOR THE REGULATION OF PUBLIC PARKING;
   (II) BY STATE OR LOCAL GOVERNMENT AGENCIES FOR THE PURPOSE OF CONTROL-
 LING ACCESS TO SECURED AREAS; AND
   (III)  BY  THE DEPARTMENT OF TRANSPORTATION OR A PUBLIC AUTHORITY, FOR
 THE PURPOSE OF ELECTRONIC TOLL COLLECTION.
   3. (A) CAPTURED PLATE DATA OBTAINED FOR THE PURPOSES  DESCRIBED  UNDER
 THIS SECTION SHALL NOT BE USED OR SHARED FOR ANY OTHER PURPOSE AND SHALL
 NOT  BE  PRESERVED FOR MORE THAN ONE HUNDRED EIGHTY DAYS EXCEPT PURSUANT
 TO A PRESERVATION OR DISCLOSURE REQUEST UNDER  THIS  SUBDIVISION,  OR  A
 WARRANT.  CAPTURED  PLATE  DATA MAY BE MAINTAINED WITHIN THE CUSTODY AND
 CONTROL OF A LAW ENFORCEMENT AGENCY FOR A LONGER TIME PERIOD IF THE DATA
 IS RETAINED OR STORED AS PART OF AN ONGOING INVESTIGATION, AND  IN  SUCH
 CASE  THE  DATA  SHALL  BE  DESTROYED AT THE CONCLUSION OF EITHER (I) AN
 INVESTIGATION THAT DOES NOT RESULT IN ANY CRIMINAL CHARGES BEING  FILED;
 OR  (II)  ANY  CRIMINAL  ACTION  UNDERTAKEN  IN THE MATTER INVOLVING THE
 CAPTURED PLATE DATA.
   (B) UPON THE REQUEST OF ANY LAW ENFORCEMENT AGENCY, AN OPERATOR OF  AN
 ALPR  SYSTEM  SHALL  TAKE  ALL  NECESSARY  STEPS TO IMMEDIATELY PRESERVE
 CAPTURED PLATE DATA IN ITS POSSESSION. A REQUESTING AGENCY MUST  SPECIFY
 IN  A  WRITTEN SWORN STATEMENT: (I) THE PARTICULAR CAMERA OR CAMERAS FOR
 WHICH CAPTURED PLATE DATA MUST BE PRESERVED OR  THE  PARTICULAR  LICENSE
 PLATE FOR WHICH CAPTURED PLATE DATA MUST BE PRESERVED; AND (II) THE DATE
 OR DATES AND TIMEFRAMES FOR WHICH CAPTURED PLATE DATA MUST BE PRESERVED.
   (C)  A  LAW ENFORCEMENT AGENCY MAY APPLY FOR A COURT ORDER FOR DISCLO-
 SURE OF CAPTURED PLATE DATA WHICH SHALL BE ISSUED BY ANY COURT OF COMPE-
 TENT JURISDICTION IF THE AGENCY OFFERS SPECIFIC  AND  ARTICULABLE  FACTS
 SHOWING  THAT  THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE CAPTURED
 PLATE DATA IS RELEVANT AND MATERIAL TO AN ONGOING  CRIMINAL  OR  MISSING
 PERSONS INVESTIGATION.

 S. 685                              3
 
   (D) CAPTURED PLATE DATA SHALL BE DESTROYED BY THE OPERATOR OF THE ALPR
 SYSTEM IF THE APPLICATION FOR A DISCLOSURE ORDER IS DENIED OR AT THE END
 OF FOURTEEN DAYS, WHICHEVER IS LATER.
   4.  ENTITIES  AUTHORIZED  TO USE ALPR SYSTEMS UNDER SUBDIVISION TWO OF
 THIS SECTION SHALL NOT SELL, TRADE, OR EXCHANGE CAPTURED PLATE DATA  FOR
 ANY PURPOSE.
   5.  AN ALERT FROM AN ALPR SYSTEM USED BY A LAW ENFORCEMENT AGENCY DOES
 NOT CONSTITUTE REASONABLE SUSPICION OR PROBABLE CAUSE TO PERFORM A TRAF-
 FIC STOP. IF AN ALPR SYSTEM ALERTS ON A PLATE, A LAW ENFORCEMENT OFFICER
 MUST VISUALLY CONFIRM THAT THE PLATE NUMBER AND STATE  OF  ORIGIN  MATCH
 THE ALERT BEFORE TAKING LAW ENFORCEMENT ACTION.
   6. LAW ENFORCEMENT AGENCIES THAT USE ALPR SYSTEMS SHALL:
   (A)  ADOPT A POLICY GOVERNING USE OF THE SYSTEM AND CONSPICUOUSLY POST
 THE POLICY ON THE ENTITY'S WEB SITE;
   (B) ADOPT A PRIVACY POLICY TO ENSURE THAT CAPTURED PLATE DATA  IS  NOT
 SHARED  IN  VIOLATION OF THIS SECTION OR ANY OTHER LAW AND CONSPICUOUSLY
 POST THE PRIVACY POLICY ON THE AGENCY'S WEB SITE; AND
   (C) REPORT ANNUALLY ITS AUTOMATIC LICENSE PLATE READER  PRACTICES  AND
 USAGE TO THE DIVISION, AND CONSPICUOUSLY POST THE REPORT ON THE ENTITY'S
 WEB SITE. THE REPORT SHALL INCLUDE:
   (I) THE NUMBER OF LICENSE PLATES SCANNED;
   (II) THE NUMBER OF PRESERVATION REQUESTS;
   (III) THE NUMBER OF DISCLOSURE ORDERS;
   (IV) ANY CHANGES IN POLICY THAT AFFECT PRIVACY CONCERNS;
   (V)  THE  NAMES  OF  THE  LISTS  AGAINST WHICH CAPTURED PLATE DATA WAS
 CHECKED, AND FOR EACH LIST THE NUMBER OF CONFIRMED MATCHES;
   (VI) THE NUMBER OF DISCLOSURE ORDERS RESULTING  IN  CRIMINAL  CHARGES,
 AND THE NUMBER OF SUCH CHARGES RESULTING IN CONVICTION;
   (VII)  THE TOTAL NUMBER OF AUTOMATIC LICENSE PLATE READERS BEING OPER-
 ATED BY THE AGENCY;
   (VIII) THE NUMBER OF AUTOMATIC LICENSE  PLATE  READER  READINGS  BEING
 RETAINED;
   (IX)  THE  NUMBER  OF REQUESTS MADE FOR AUTOMATIC LICENSE PLATE READER
 DATA, INCLUDING (A) THE NUMBER OF REQUESTS THAT RESULTED IN THE  RELEASE
 OF  INFORMATION; (B) THE NUMBER OF OUT-OF-STATE REQUESTS; (C) THE NUMBER
 OF FEDERAL REQUESTS;  (D)  THE  NUMBER  OF  OUT-OF-STATE  REQUESTS  THAT
 RESULTED IN A RELEASE OF INFORMATION; AND
   (X)  ANY  DATA  BREACHES OR UNAUTHORIZED USES OF THE AUTOMATIC LICENSE
 PLATE READER DATABASE.
   7. ANY PLATE DATA CAPTURED  OR  IMPROPERLY  MAINTAINED  SHALL  NOT  BE
 INTRODUCED  BY  THE STATE IN ANY GRAND JURY OR CRIMINAL PROCEEDING OR IN
 ANY CIVIL OR ADMINISTRATIVE PROCEEDING  BROUGHT  BY  THE  STATE  OR  ANY
 GOVERNMENT  OFFICE  OR OFFICIAL. THE STATE SHALL DISCLOSE TO THE DEFENSE
 THE EXISTENCE AND THE CONTENTS OF ANY SUCH  CAPTURED  DATA.  A  CRIMINAL
 DEFENDANT  SHALL  BE  ENTITLED  TO  INTRODUCE EVIDENCE OF CAPTURED DATA,
 HOWEVER OBTAINED AND MAINTAINED, IN HIS OR HER  DEFENSE.  AN  INDIVIDUAL
 WHOSE  RIGHTS  HAVE BEEN VIOLATED BY THE IMPROPER CAPTURE OR MAINTENANCE
 OF PLATE DATA MAY INTRODUCE EVIDENCE CONCERNING THAT  PLATE  DATA  IN  A
 CIVIL  ACTION  OR  MAY  GRANT  PERMISSION  TO  ANOTHER  PARTY IN A CIVIL
 PROCEEDING TO INTRODUCE SUCH EVIDENCE.
   8. (A) ANY AGGRIEVED PERSON MAY INSTITUTE A CIVIL ACTION  TO  RESTRAIN
 ANY  VIOLATION  OF  THIS  SECTION.    IF,  IN ANY SUCH ACTION, A WILLFUL
 VIOLATION IS FOUND TO HAVE OCCURRED, THE VIOLATOR SHALL NOT BE  ENTITLED
 TO  CLAIM  ANY  PRIVILEGE ABSOLUTE OR QUALIFIED, AND HE OR SHE SHALL, IN
 ADDITION TO ANY LIABILITY FOR SUCH ACTUAL DAMAGES AS MAY  BE  SHOWN,  BE
 LIABLE  FOR  EXEMPLARY DAMAGES OF NOT LESS THAN ONE HUNDRED AND NOT MORE

 S. 685                              4
 
 THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION, TOGETHER  WITH  COSTS  AND
 REASONABLE  ATTORNEYS'  FEES  AND  DISBURSEMENTS  INCURRED BY THE PERSON
 BRINGING THE ACTION.
   (B)  ANY EMPLOYEE OF A LAW ENFORCEMENT AGENCY AUTHORIZED TO UTILIZE AN
 ALPR SYSTEM WHO VIOLATES THE PROVISIONS OF THIS SECTION PROHIBITING  THE
 USE, SALE, DISSEMINATION OR OTHER DISTRIBUTION OF LICENSE PLATE DATA FOR
 OTHER  THAN  LEGITIMATE  LAW  ENFORCEMENT  PURPOSES SHALL BE GUILTY OF A
 MISDEMEANOR PUNISHABLE BY A SENTENCE OF IMPRISONMENT NOT  EXCEEDING  ONE
 YEAR  OR  A FINE NOT EXCEEDING TEN THOUSAND DOLLARS OR BY BOTH SUCH FINE
 AND IMPRISONMENT.
   9. CAPTURED PLATE DATA SHALL BE  CONSIDERED  PERSONAL  DATA.  CAPTURED
 PLATE  DATA  MAY ONLY BE DISCLOSED TO, OR WITH THE PRIOR WRITTEN CONSENT
 OF, THE PERSON TO WHOM THE VEHICLE  IS  REGISTERED;  PROVIDED,  HOWEVER,
 THAT  UPON  PRESENTATION  TO  AN  OPERATOR OF AN ALPR SYSTEM OF A VALID,
 CURRENT ABUSE PREVENTION ORDER PROTECTING THE DRIVER OF A VEHICLE JOINT-
 LY REGISTERED WITH OR REGISTERED SOLELY IN THE NAME  OF  THE  INDIVIDUAL
 AGAINST  WHOM  THE  ORDER  WAS  ISSUED,  CAPTURED  PLATE DATA MAY NOT BE
 DISCLOSED EXCEPT PURSUANT TO A DISCLOSURE ORDER OR AS THE  RESULT  OF  A
 MATCH.
   § 3. This act shall take effect immediately.

2021-S685A - Details

See Assembly Version of this Bill:: A940
Current Committee:: Senate Consumer Protection
Law Section:: Executive Law
Laws Affected:: Amd §840, add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7245
2017-2018: S23
2019-2020: S40, A7254
2023-2024: S3165, A4157

2021-S685A - Summary

Relates to automatic license plate readers (ALPRs) and mandatory postings of policies and annual reporting requirements.

2021-S685A - Sponsor Memo

                                
 
BILL NUMBER: S685A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to the use of automatic
license plate reader systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would create guidelines for the use of license plate reader
technology by law enforcement agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 7 to section 840 of the executive law
requiring the municipal police training council to (a) develop, maintain
and disseminate a minimum standards policy governing the use of automat-
ic license plate reader systems. The minimum standards policy shall
include, but not be limited to, provisions on permissible uses of the
automated license plate reader technology, data sharing and dissem-

ination, prohibited uses, record retention and management, and training;
and (b) recommend to the governor, rules and regulations with respect to
the establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers. Such recom-
mended rules and recommendations shall also be submitted to the tempo-
rary president of the senate and the speaker of the assembly

Section 2 adds a new section 837-w to the executive law to provide that
all state and local enforcement agencies shall conspicuously post the
minimum standards for the use of automatic license plate reader systems
policy, as promulgated under section 840 of this article on its website,
or if the law enforcement agency does not maintain a website, in its
main office. Such policy shall be made available to the public upon
request. Section 3 sets the effective date.

Section 3 sets the effective date.

 
JUSTIFICATION:

Automatic License Plate Reader (ALPR) technology has become an increas-
ingly useful tool for law enforcement agencies for the purpose of aiding
and assisting in catching criminals. New Yorkers have always valued
privacy and the use of ALPR technology can infringe upon an innocent
citizen's inherent right to privacy. According the American Civil Liber-
ties Union, this technology and data derived from it can essentially map
out the entire life of a private citizen who has not committed or even
been suspected of any crimes.

New York currently does not have uniform standards in place governing
the use of ALPRs. This legislation would require the State's Municipal
Police Training Council to develop such standards and to recommend rules
and regulations to the Governor with respect to the establishment and
implementation of a training program for all current and new officers
regarding the established standards. In addition, all state and local
enforcement agencies would be required to post the standards developed

on its website. This will increase transparency for the public, so indi-
viduals know how this data will be used.

 
PRIOR LEGISLATIVE HISTORY:

S.0040 of 2019-2020 (Hoylman): Died in Consumer Protection
A.7254 of 2019-2020 (Paulin): Died in Governmental Operations
S.0023 of 2017-2018 (Hoylman): Died in Transportation
S.7245 of 2016 (Hoylman): Died in Consumer Protection

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after which it has become a law.

2021-S685A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  685--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the executive law, in relation to 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. Section 840 of the executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN  AND  DISSEMINATE  A  MINIMUM  STANDARDS  POLICY
 GOVERNING THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS. THE MINIMUM
 STANDARDS  POLICY  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PROVISIONS ON
 PERMISSIBLE USES OF THE AUTOMATIC LICENSE PLATE READER TECHNOLOGY,  DATA
 SHARING AND DISSEMINATION, PROHIBITED USES, RECORD RETENTION AND MANAGE-
 MENT,  AND  TRAINING.  FOR  PURPOSES OF THIS SECTION, "AUTOMATIC LICENSE
 PLATE READER SYSTEM" OR "ALPR 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.
   (B) RECOMMEND TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE
 AND  THE  SPEAKER OF THE ASSEMBLY, RULES AND REGULATIONS WITH RESPECT TO
 THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION,  ALONG  WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02067-03-1

 S. 685--A                           2
 
   § 837-W. DISCLOSURE OF THE  MINIMUM  STANDARDS  POLICY  FOR  AUTOMATIC
 LICENSE  PLATE READERS BY LAW ENFORCEMENT AGENCIES.  ALL STATE AND LOCAL
 ENFORCEMENT AGENCIES SHALL CONSPICUOUSLY POST THE MINIMUM STANDARDS  FOR
 THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS POLICY, AS PROMULGATED
 UNDER  SECTION EIGHT HUNDRED FORTY OF THIS ARTICLE ON ITS WEBSITE, OR IF
 SUCH LAW ENFORCEMENT AGENCY DOES NOT MAINTAIN A  WEBSITE,  IN  ITS  MAIN
 OFFICE. SUCH POLICY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.

2021-S685B (ACTIVE) - Details

See Assembly Version of this Bill:: A940
Current Committee:: Senate Consumer Protection
Law Section:: Executive Law
Laws Affected:: Amd §840, add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7245
2017-2018: S23
2019-2020: S40, A7254
2023-2024: S3165, A4157

2021-S685B (ACTIVE) - Summary

Relates to automatic license plate readers (ALPRs) and mandatory postings of policies and annual reporting requirements.

2021-S685B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S685B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to the use of automatic
license plate reader systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would create guidelines for the use of license plate reader
technology by law enforcement agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 7 to section 840 of the executive law
requiring the municipal police training council to (a) develop, maintain
and disseminate a minimum standards policy governing the use of automat-
ic license plate reader systems. The minimum standards policy shall
include, but not be limited to, provisions on permissible uses of the
automated license plate reader technology, data sharing and dissem-
ination, prohibited uses, record retention and management, and training;

and (b) recommend to the governor, rules and regulations with respect to
the establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers. Such recom-
mended rules and recommendations shall also be submitted to the tempo-
rary president of the senate and the speaker of the assembly

Section 2 adds a new section 837-x to the executive law to provide that
all state and local enforcement agencies shall conspicuously post the
minimum standards for the use of automatic license plate reader systems
policy, as promulgated under section 840 of this article on its website,
or if the law enforcement agency does not maintain a website, in its
main office. Such policy shall be made available to the public upon
request. Section 3 sets the effective date.

Section 3 sets the effective date.

 
JUSTIFICATION:

Automatic License Plate Reader (ALPR) technology has become an increas-
ingly useful tool for law enforcement agencies for the purpose of aiding
and assisting in catching criminals. New Yorkers have always valued
privacy and the use of ALPR technology can infringe upon an innocent
citizen's inherent right to privacy. According the American Civil Liber-
ties Union, this technology and data derived from it can essentially map
out the entire life of a private citizen who has not committed or even
been suspected of any crimes.

New York currently does not have uniform standards in place governing
the use of ALPRs. This legislation would require the State's Municipal
Police Training Council to develop such standards and to recommend rules
and regulations to the Governor with respect to the establishment and
implementation of a training program for all current and new officers
regarding the established standards. In addition, all state and local
enforcement agencies would be required to post the standards developed

on its website. This will increase transparency for the public, so indi-
viduals know how this data will be used.

 
PRIOR LEGISLATIVE HISTORY:

S.0040 of 2019-2020 (Hoylman): Died in Consumer Protection

A.7254 of 2019-2020 (Paulin): Died in Governmental Operations

S.0023 of 2017-2018( Hoylman): Died in Transportation

S.7245 of 2016 (Hoylman): Died in Consumer Protection

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after which it has become a law.

2021-S685B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  685--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  recommitted  to  the  Committee  on
   Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the executive law, in relation to 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. Section 840 of the executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COUNCIL SHALL, IN ADDITION:
   (A)  DEVELOP,  MAINTAIN  AND  DISSEMINATE  A  MINIMUM STANDARDS POLICY
 GOVERNING THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS. THE MINIMUM
 STANDARDS POLICY SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  PROVISIONS  ON
 PERMISSIBLE  USES OF THE AUTOMATIC LICENSE PLATE READER TECHNOLOGY, DATA
 SHARING AND DISSEMINATION, PROHIBITED USES, RECORD RETENTION AND MANAGE-
 MENT, AND TRAINING. FOR PURPOSES OF  THIS  SECTION,  "AUTOMATIC  LICENSE
 PLATE READER SYSTEM" OR "ALPR 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.
   (B)  RECOMMEND  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02067-05-2
 S. 685--B                           2
 
   § 2. The executive law is amended by adding a  new  section  837-x  to
 read as follows:
   §  837-X.  DISCLOSURE  OF  THE  MINIMUM STANDARDS POLICY FOR AUTOMATIC
 LICENSE PLATE READERS BY LAW ENFORCEMENT AGENCIES.  ALL STATE AND  LOCAL
 ENFORCEMENT  AGENCIES SHALL CONSPICUOUSLY POST THE MINIMUM STANDARDS FOR
 THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS POLICY, AS PROMULGATED
 UNDER SECTION EIGHT HUNDRED FORTY OF THIS ARTICLE ON ITS WEBSITE, OR  IF
 SUCH  LAW  ENFORCEMENT  AGENCY  DOES NOT MAINTAIN A WEBSITE, IN ITS MAIN
 OFFICE. SUCH POLICY SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
   § 3. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.

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Senate Bill S685B

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2021-S685 - Details

2021-S685 - Summary

2021-S685 - Sponsor Memo

2021-S685 - Bill Text download pdf

2021-S685A - Details

2021-S685A - Summary

2021-S685A - Sponsor Memo

2021-S685A - Bill Text download pdf

2021-S685B (ACTIVE) - Details

2021-S685B (ACTIVE) - Summary

2021-S685B (ACTIVE) - Sponsor Memo

2021-S685B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S685B

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2021-S685 - Details

2021-S685 - Summary

2021-S685 - Sponsor Memo

2021-S685 - Bill Text download pdf

2021-S685A - Details

2021-S685A - Summary

2021-S685A - Sponsor Memo

2021-S685A - Bill Text download pdf

2021-S685B (ACTIVE) - Details

2021-S685B (ACTIVE) - Summary

2021-S685B (ACTIVE) - Sponsor Memo

2021-S685B (ACTIVE) - Bill Text download pdf

Comments