Senate Bill S5525B

2023-2024 Legislative Session

Requires policies for the use of automatic license plate reader systems

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S5525 - Details

See Assembly Version of this Bill:
A2615
Current Committee:
Senate Consumer Protection
Law Section:
Executive Law
Laws Affected:
Amd §94-a, Exec L; add §399-zzzzzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8349
2025-2026: A563

2023-S5525 - Summary

Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies; requires such non-law enforcement agencies to conspicuously post such policy on their website or in their place of business.

2023-S5525 - Sponsor Memo

2023-S5525 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5525
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to requiring poli-
   cies 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. The general business law is amended by adding a new section
 397-b to read as follows:
   § 397-B. POLICY FOR THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
 1.  AS  USED  IN  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.
   2. A BUSINESS, INDIVIDUAL, PARTNERSHIP, CORPORATION,  ASSOCIATION,  OR
 STATE OR LOCAL GOVERNMENT NON-LAW ENFORCEMENT ENTITY WHICH USES AN AUTO-
 MATIC LICENSE PLATE READER SYSTEM SHALL ADOPT A POLICY GOVERNING THE USE
 OF  SUCH SYSTEM AND CONSPICUOUSLY POST SUCH POLICY ON ITS WEBSITE, OR IF
 THE BUSINESS,  INDIVIDUAL,  PARTNERSHIP,  CORPORATION,  ASSOCIATION,  OR
 STATE OR LOCAL GOVERNMENT NON-LAW ENFORCEMENT ENTITY DOES NOT MAINTAIN A
 WEBSITE,  IN  ITS MAIN OFFICE OR PLACE OF BUSINESS. SUCH POLICY SHALL BE
 MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
   3. A POLICY ADOPTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION  SHALL
 INCLUDE,  BUT  NOT  BE LIMITED TO, PROVISIONS ON PERMISSIBLE USES OF THE
 AUTOMATIC LICENSE PLATE READER  TECHNOLOGY,  DATA  SHARING  AND  DISSEM-
 INATION, PROHIBITED USE, RECORD RETENTION AND MANAGEMENT, AND TRAINING.
   4.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05330-01-3
              

2023-S5525A - Details

See Assembly Version of this Bill:
A2615
Current Committee:
Senate Consumer Protection
Law Section:
Executive Law
Laws Affected:
Amd §94-a, Exec L; add §399-zzzzzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8349
2025-2026: A563

2023-S5525A - Summary

Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies; requires such non-law enforcement agencies to conspicuously post such policy on their website or in their place of business.

2023-S5525A - Sponsor Memo

2023-S5525A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5525--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in relation to requiring poli-
   cies 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. The general business law is amended by adding a new section
 397-b to read as follows:
   § 397-B. 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.
   2. A BUSINESS, INDIVIDUAL, PARTNERSHIP, CORPORATION,  ASSOCIATION,  OR
 STATE OR LOCAL GOVERNMENT NON-LAW ENFORCEMENT ENTITY WHICH USES AN AUTO-
 MATIC LICENSE PLATE READER SYSTEM SHALL ADOPT A POLICY GOVERNING THE USE
 OF  SUCH SYSTEM AND CONSPICUOUSLY POST SUCH POLICY ON ITS WEBSITE.  SUCH
 POLICY SHALL INCLUDE A PROVISION TO ENSURE THAT CAPTURED PLATE  DATA  IS
 NOT  SHARED  IN VIOLATION OF THIS SECTION.  IF THE BUSINESS, INDIVIDUAL,
 PARTNERSHIP, CORPORATION, ASSOCIATION,  OR  STATE  OR  LOCAL  GOVERNMENT
 NON-LAW  ENFORCEMENT  ENTITY  DOES  NOT  MAINTAIN A WEBSITE, SUCH POLICY
 SHALL BE POSTED IN ITS MAIN OFFICE OR PLACE  OF  BUSINESS.  SUCH  POLICY
 SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05330-03-3
              

2023-S5525B (ACTIVE) - Details

See Assembly Version of this Bill:
A2615
Current Committee:
Senate Consumer Protection
Law Section:
Executive Law
Laws Affected:
Amd §94-a, Exec L; add §399-zzzzzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: A8349
2025-2026: A563

2023-S5525B (ACTIVE) - Summary

Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies; requires such non-law enforcement agencies to conspicuously post such policy on their website or in their place of business.

2023-S5525B (ACTIVE) - Sponsor Memo

2023-S5525B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5525--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05330-05-3
 S. 5525--B                          2
              

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