S T A T E O F N E W Y O R K
________________________________________________________________________
2615--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 26, 2023
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Consumer Affairs and Protection -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law and the general business law, in
relation to requiring policies 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. Paragraphs 15 and 16 of subdivision 3 of section 94-a of
the executive law, paragraph 15 as amended and paragraph 16 as added by
chapter 374 of the laws of 2022, are amended and a new paragraph 17 is
added to read as follows:
(15) create an internet website or webpage pursuant to section three
hundred ninety-c of the general business law, as added by chapter five
hundred nine of the laws of two thousand seven; [and]
(16) exercise such powers and duties granted to the secretary by arti-
cle sixteen of the energy law as the secretary may direct, including,
but not limited to: consult with such president of the New York state
energy research and development authority in connection with investi-
gations conducted by such president pursuant to article sixteen of the
energy law; make determinations relating to compliance by products with
the standards adopted pursuant to article sixteen of the energy law;
order the immediate cessation of any distribution, sale or offer for
sale, import, or installation of any product that does not meet such
standards; and impose civil penalties as contemplated by article sixteen
of the energy law[.] ; AND
(17) (I) DEVELOP, MAINTAIN AND DISSEMINATE A MINIMUM STANDARDS POLICY
GOVERNING THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS BY NON-LAW
ENFORCEMENT ENTITIES. THE MINIMUM STANDARDS POLICY SHALL INCLUDE, BUT
NOT BE LIMITED TO, PROVISIONS ON PERMISSIBLE USES OF THE AUTOMATIC
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05330-04-3
A. 2615--A 2
LICENSE PLATE READER TECHNOLOGY, DATA SHARING AND DISSEMINATION, PROHIB-
ITED USES, RECORD RETENTION AND MANAGEMENT, AND TRAINING. FOR PURPOSES
OF THIS SECTION, "AUTOMATIC LICENSE PLATE READER SYSTEM" SHALL MEAN A
SYSTEM OF ONE OR MORE MOBILE OR FIXED HIGH-SPEED CAMERAS USED IN COMBI-
NATION WITH COMPUTER ALGORITHMS TO CONVERT IMAGES OF LICENSE PLATES
INTO COMPUTER-READABLE DATA. THE DEPARTMENT OF STATE SHALL POST SUCH
POLICY ON ITS WEBSITE, IN A LOCATION ACCESSIBLE TO THE PUBLIC, AND ALL
NON-LAW ENFORCEMENT ENTITIES USING AUTOMATIC LICENSE PLATE READERS IN
THE STATE.
(II) 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 EMPLOYEES OF NON-LAW ENFORCEMENT ENTI-
TIES REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS
PARAGRAPH, ALONG WITH RECOMMENDATIONS FOR PERIODIC RETRAINING OF SUCH
EMPLOYEES.
§ 2. The general business law is amended by adding a new section 399-
zzzzzz to read as follows:
§ 399-ZZZZZZ. DISCLOSURE OF THE MINIMUM STANDARDS POLICY FOR AUTOMATIC
LICENSE PLATE READERS BY NON-LAW ENFORCEMENT ENTITIES. ALL NON-LAW
ENFORCEMENT AGENCIES USING AUTOMATIC LICENSE PLATE READER SYSTEMS SHALL
CONSPICUOUSLY POST THE MINIMUM STANDARDS FOR THE USE OF AUTOMATIC
LICENSE PLATE READER SYSTEMS POLICY, PROMULGATED PURSUANT TO PARAGRAPH
SEVENTEEN OF SUBDIVISION THREE OF SECTION NINETY-FOUR-A OF THE EXECUTIVE
LAW, ON ITS WEBSITE, OR IF SUCH NON-LAW ENFORCEMENT ENTITY DOES NOT
MAINTAIN A WEBSITE, IN ITS MAIN OFFICE. SUCH POLICY SHALL BE MADE
AVAILABLE TO THE PUBLIC UPON REQUEST. FOR PURPOSES OF 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 COMPU-
TER-READABLE DATA.
§ 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.