STATE OF NEW YORK ________________________________________________________________________ 2615--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Paragraphs 15 and 16 of subdivision 3 of section 94-a of 2 the executive law, paragraph 15 as amended and paragraph 16 as added by 3 chapter 374 of the laws of 2022, are amended and a new paragraph 17 is 4 added to read as follows: 5 (15) create an internet website or webpage pursuant to section three 6 hundred ninety-c of the general business law, as added by chapter five 7 hundred nine of the laws of two thousand seven; [and] 8 (16) exercise such powers and duties granted to the secretary by arti- 9 cle sixteen of the energy law as the secretary may direct, including, 10 but not limited to: consult with such president of the New York state 11 energy research and development authority in connection with investi- 12 gations conducted by such president pursuant to article sixteen of the 13 energy law; make determinations relating to compliance by products with 14 the standards adopted pursuant to article sixteen of the energy law; 15 order the immediate cessation of any distribution, sale or offer for 16 sale, import, or installation of any product that does not meet such 17 standards; and impose civil penalties as contemplated by article sixteen 18 of the energy law[.] ; and 19 (17) (i) Develop, maintain and disseminate a minimum standards policy 20 governing the use of automatic license plate reader systems by non-law 21 enforcement entities. The minimum standards policy shall include, but 22 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 1 license plate reader technology, data sharing and dissemination, prohib- 2 ited uses, record retention and management, and training. For purposes 3 of this section, "automatic license plate reader system" shall mean a 4 system of one or more mobile or fixed high-speed cameras used in combi- 5 nation with computer algorithms to convert images of license plates 6 into computer-readable data. The department of state shall post such 7 policy on its website, in a location accessible to the public, and all 8 non-law enforcement entities using automatic license plate readers in 9 the state. 10 (ii) Recommend to the governor, the temporary president of the senate 11 and the speaker of the assembly, rules and regulations with respect to 12 the establishment and implementation on an ongoing basis of a training 13 program for all current and new employees of non-law enforcement enti- 14 ties regarding the policies and procedures established pursuant to this 15 paragraph, along with recommendations for periodic retraining of such 16 employees. 17 § 2. The general business law is amended by adding a new section 399- 18 zzzzzz to read as follows: 19 § 399-zzzzzz. Disclosure of the minimum standards policy for automatic 20 license plate readers by non-law enforcement entities. All non-law 21 enforcement agencies using automatic license plate reader systems shall 22 conspicuously post the minimum standards for the use of automatic 23 license plate reader systems policy, promulgated pursuant to paragraph 24 seventeen of subdivision three of section ninety-four-a of the executive 25 law, on its website, or if such non-law enforcement entity does not 26 maintain a website, in its main office. Such policy shall be made 27 available to the public upon request. For purposes of this section, 28 "automatic license plate reader system" shall mean a system of one or 29 more mobile or fixed high-speed cameras used in combination with 30 computer algorithms to convert images of license plates into compu- 31 ter-readable data. 32 § 3. This act shall take effect one year after it shall have become a 33 law. Effective immediately, the addition, amendment and/or repeal of any 34 rule or regulation necessary for the implementation of this act on its 35 effective date are authorized to be made and completed on or before such 36 effective date.