BILL NUMBER: S3165

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, in relation to the use of automatic
license plate reader systems

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would create guidelines for the use of license plate reader
technology by law enforcement agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 7 to section 840 of the executive law
requiring the municipal police training council to (a) develop, maintain
and disseminate a minimum standards policy governing the use of automat-
ic license plate reader systems. The minimum standards policy shall
include, but not be limited to, provisions on permissible uses of the
automated license plate reader technology, data sharing and dissem-
ination, prohibited uses, record retention and management, and training;
              

and (b) recommend to the governor, rules and regulations with respect to
the establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers. Such recom-
mended rules and recommendations shall also be submitted to the tempo-
rary president of the senate and the speaker of the assembly

Section 2 adds a new section 837-x to the executive law to provide that
all state and local enforcement agencies shall conspicuously post the
minimum standards for the use of automatic license plate reader systems
policy, as promulgated under section 840 of this article on its website,
or if the law enforcement agency does not maintain a website, in its
main office. Such policy shall be made available to the public upon
request. Section 3 sets the effective date.

Section 3 sets 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. 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 Liber-
ties Union, this technology and data derived from it can essentially map
out the entire life of a private citizen who has not committed or even
been suspected of any crimes.

New York currently does not have uniform standards in place governing
the use of ALPRs. This legislation would require the State's.  Municipal
Police Training Council to develop such standards and to recommend rules
and regulations to the Governor with respect to the establishment and
implementation of a training program for all current and new officers
regarding the established standards. In addition, all state and local
enforcement agencies would be required to post the standards developed

on its website. This will increase transparency for the public, so indi-
viduals know how this data will be used.

 
PRIOR LEGISLATIVE HISTORY:

S.0040 of 2019-2020 (Hoylman): Died in Consumer Protection

A.7254 of 2019-2020 (Paulin): Died in Governmental Operations

S.0023 of 2017-2018( Hoylman): Died in Transportation

S.7245 of 2016 (Hoylman): Died in Consumer Protection

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect one year after which it has become a law.