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.