senate Bill S685

2021-2022 Legislative Session

Relates to automatic license plate readers

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to consumer protection

S685 (ACTIVE) - Details

See Assembly Version of this Bill:
A940
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §397-b, Gen Bus L; add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7245
2017-2018: S23
2019-2020: S40, A7254

S685 (ACTIVE) - Summary

Relates to automatic license plate readers (ALPRs); sets out when the use of ALPR systems is allowable; the preservation of any plate data obtained; how to obtain disclosure of such data through a court order (view more) mandatory postings of policies and annual reporting requirements; how the data may be used in proceedings, criminal and civil; and places such data in the personal data category.

S685 (ACTIVE) - Sponsor Memo

S685 (ACTIVE) - 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

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