NY State Senate Bill 2023-S5525A

Current 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2024	print number 5525a
Mar 11, 2024	amend and recommit to consumer protection
Jan 03, 2024	referred to consumer protection
Mar 07, 2023	referred to consumer protection

Bill Amendments

Original

A (Active)

2023-S5525 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L

2023-S5525 - 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.

2023-S5525 - Sponsor Memo

                                 
BILL NUMBER: S5525

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring poli-
cies for the use of automatic license plate reader systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the automatic license plate readers and create
guidelines for the use of such technology by law enforcement agencies in
New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the general business law to add a new section 397-b to
require any 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 post it on its website.

Section 2 provides 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.

New York currently does not have uniform standards in place governing
the use of ALPRs. This legislation would require any business, individ-
ual, partnership, corporation, association, or state or local government
non-law enforcement entity to develop a policy and post it on its
website, providing transparency to the public. Specifically, the policy
must include Permissible uses, data-sharing and dissemination, prohibit-
ed use, record retention and management, and training.

 
PRIOR LEGISLATIVE HISTORY:

A.8349 of 2021 and 2022, referred to consumer affairs and protection.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5525 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5525
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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, 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.
                                                            LBD05330-01-3

2023-S5525A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §397-b, Gen Bus L

2023-S5525A (ACTIVE) - Summary

2023-S5525A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5525A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring poli-
cies for the use of automatic license plate reader systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the Department of State to publish a model poli-
cy for the use of automatic license plate readers in non-law enforcement
entities.   
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 94-a of the executive law by
adding a new paragraph 17 providing the definition of "ALPR" or "auto-
matic license plate reader" and requiring the Department of State to
develop, maintain, and disseminate a minimum standards policy governing
the use of automatic license plate reader systems by non-law enforcement
entities.

Section 2 amends the general business law to add a new section

399-zzzzzz to require non-law enforcement entities using ALPR systems to
disclose the minimum standards policy for automatic license plate reader
systems publicly on their website and in their main office.  They must
also make it available to the public upon request.

Section 3 provides 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 to the American Civil Liberties Union, this technology and
data derived from it can essentially map out the entire life of a
private citizen.

New York currently does not have uniform standards in place governing
the use of ALPRs by non-law enforcement entities. This legislation would
require the Department of State to develop a minimum standards policy
governing the use of automatic license plate reader systems by non-law
enforcement entities.

 
PRIOR LEGISLATIVE HISTORY:

A.8349 of 2021 and 2022, referred to consumer affairs and protection.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
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 effec-
tive date are authorized to be made and completed on or before such
effective date.

2023-S5525A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5525--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   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 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, THE FOLLOWING WORDS AND PHRASES SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "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.
   (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 AN AUTOMATIC LICENSE PLATE READER SYSTEM.
   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.  SUCH
 POLICY SHALL INCLUDE A PROVISION TO ENSURE THAT CAPTURED PLATE  DATA  IS
 NOT  SHARED  IN VIOLATION OF THIS SECTION.  IF THE BUSINESS, INDIVIDUAL,
 PARTNERSHIP, CORPORATION, ASSOCIATION,  OR  STATE  OR  LOCAL  GOVERNMENT
 NON-LAW  ENFORCEMENT  ENTITY  DOES  NOT  MAINTAIN A WEBSITE, SUCH POLICY
 SHALL BE POSTED IN ITS MAIN OFFICE OR PLACE  OF  BUSINESS.  SUCH  POLICY
 SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05330-03-3

 S. 5525--A                          2
 
   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.  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  AUTOMATIC  LICENSE  PLATE
 READER  SYSTEM  OF  A  VALID, CURRENT ORDER OF PROTECTION PROTECTING THE
 DRIVER OF A VEHICLE JOINTLY 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.
   5. 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.
   6. THE STATE CONSUMER PROTECTION DIVISION, OR  THE  COUNTY,  CITY,  OR
 TOWN OFFICE OF CONSUMER PROTECTION AS APPLICABLE SHALL HAVE THE AUTHORI-
 TY TO ENFORCE THE PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S5525A

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-S5525 - Details

2023-S5525 - Summary

2023-S5525 - Sponsor Memo

2023-S5525 - Bill Text download pdf

2023-S5525A (ACTIVE) - Details

2023-S5525A (ACTIVE) - Summary

2023-S5525A (ACTIVE) - Sponsor Memo

2023-S5525A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5525A

Share this bill

Sponsored By

Jeremy A. Cooney

Current Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2023-S5525 - Details

2023-S5525 - Summary

2023-S5525 - Sponsor Memo

2023-S5525 - Bill Text download pdf

2023-S5525A (ACTIVE) - Details

2023-S5525A (ACTIVE) - Summary

2023-S5525A (ACTIVE) - Sponsor Memo

2023-S5525A (ACTIVE) - Bill Text download pdf

Comments