Assembly Bill A563A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  563--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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. Subparagraphs 15 and 16 of paragraph (a) of  subdivision  3
 of  section  94-a  of  the executive law, subparagraph 15 as amended and
 subparagraph 16 as added by chapter 374 of the laws of 2022, are amended
 and a new subparagraph 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 AND NON-GOVERNMENT ENTITIES.  THE MINIMUM STANDARDS

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

                                                            LBD02135-02-5
 A. 563--A                           2
 
 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 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 COMBINATION 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 AND NON-GOVERNMENT 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 AND NON-GOVERNMENT ENTITIES 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 AND NON-GOVERNMENT
 ENTITIES.   ALL NON-LAW ENFORCEMENT AGENCIES AND NON-GOVERNMENT ENTITIES
 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 SUBPARAGRAPH SEVENTEEN OF  PARA-
 GRAPH (A) OF SUBDIVISION THREE OF SECTION NINETY-FOUR-A OF THE EXECUTIVE
 LAW,  ON  ITS  WEBSITE, OR IF SUCH NON-LAW ENFORCEMENT ENTITY OR NON-GO-
 VERNMENT 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 COMPUTER-READABLE  DATA.    IF  AN  ENTITY  USING  AUTOMATIC
 LICENSE  PLATE  READER SYSTEMS IS BOTH A NON-LAW ENFORCEMENT AND NON-GO-
 VERNMENT ENTITY SUCH ENTITY SHALL ONLY NEED TO COMPLETE THE REQUIREMENTS
 OF THIS SECTION ONCE.
   § 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.