Assembly Bill A8779

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8779
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to restricting the
   use of automatic license plate reader information
 
   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-c to read as follows:
   § 397-C. 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.
   (C) "AUTOMATIC LICENSE PLATE READER  SYSTEMS"  MEANS  MULTI-AGENCY  OR
 VENDOR  AGREEMENTS  THAT  ALLOW  THE  SHARING OF AUTOMATIC LICENSE PLATE
 READER INFORMATION COLLECTED IN NEW YORK.
   (D) "AUTOMATIC LICENSE PLATE READER USER" MEANS  A  PERSON  OR  ENTITY
 THAT OWNS OR OPERATES AN AUTOMATIC LICENSE PLATE READER DEVICE.
   (E)  "LAW  ENFORCEMENT  AGENCY" MEANS A STATE OR LOCAL AGENCY, UNIT OF
 LOCAL GOVERNMENT, OR PRIVATE ENTITY  CHARGED  WITH  THE  ENFORCEMENT  OF
 STATE,  COUNTY,  OR  MUNICIPAL LAWS OR WITH MANAGING CUSTODY OF DETAINED
 PERSONS IN ANY STATE OR JURISDICTION.
   2. (A) AN AUTOMATIC LICENSE PLATE READER USER SHALL NOT  SELL,  SHARE,
 ALLOW  ACCESS TO, OR TRANSFER AUTOMATIC LICENSE PLATE READER INFORMATION
 TO ANY STATE OR LOCAL JURISDICTION FOR THE PURPOSE OF  INVESTIGATING  OR
 ENFORCING  A  LAW  THAT  DENIES  OR  INTERFERES WITH A PERSON'S RIGHT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11861-01-5
              

 A. 8779                             2
 
 CHOOSE OR OBTAIN REPRODUCTIVE HEALTH CARE SERVICES OR ANY LAWFUL  HEALTH
 CARE SERVICES.
   (B)  ANY  AUTOMATIC LICENSE PLATE READER USER IN THIS STATE, INCLUDING
 ANY LAW ENFORCEMENT AGENCY OF THIS STATE  THAT  USES  AUTOMATIC  LICENSE
 PLATE  READER  SYSTEMS,  SHALL  NOT SHARE AUTOMATIC LICENSE PLATE READER
 INFORMATION WITH AN OUT-OF-STATE LAW ENFORCEMENT  AGENCY  WITHOUT  FIRST
 OBTAINING  A  WRITTEN  DECLARATION FROM THE OUT-OF-STATE LAW ENFORCEMENT
 AGENCY THAT IT EXPRESSLY AFFIRMS THAT  AUTOMATIC  LICENSE  PLATE  READER
 INFORMATION  OBTAINED  SHALL NOT BE USED IN A MANNER THAT VIOLATES PARA-
 GRAPH (A) OF THIS SUBDIVISION. IF A WRITTEN DECLARATION  OF  AFFIRMATION
 IS NOT EXECUTED, THE LAW ENFORCEMENT AGENCY SHALL NOT SHARE THE AUTOMAT-
 IC  LICENSE  PLATE READER INFORMATION WITH THE OUT-OF-STATE LAW ENFORCE-
 MENT AGENCY.
   (C) AUTOMATIC LICENSE PLATE READER INFORMATION SHALL BE HELD CONFIDEN-
 TIALLY TO THE FULLEST EXTENT PERMITTED BY LAW.
   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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.