Requires the consumer protection division to promulgate a policy governing the use of automatic license plate reader systems by non-law enforcement agencies and non-government entities; requires such non-law enforcement agencies and non-government entities to conspicuously post such policy on their website or in their place of business.
STATE OF NEW YORK
________________________________________________________________________
563--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
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. Subparagraphs 15 and 16 of paragraph (a) of subdivision 3
2 of section 94-a of the executive law, subparagraph 15 as amended and
3 subparagraph 16 as added by chapter 374 of the laws of 2022, are amended
4 and a new subparagraph 17 is 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 and non-government entities. The minimum standards
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02135-02-5
A. 563--A 2
1 policy shall include, but not be limited to, provisions on permissible
2 uses of the automatic license plate reader technology, data sharing and
3 dissemination, prohibited uses, record retention and management, and
4 training. For purposes of this section, "automatic license plate reader
5 system" shall mean a system of one or more mobile or fixed high-speed
6 cameras used in combination with computer algorithms to convert images
7 of license plates into computer-readable data. The department of state
8 shall post such policy on its website, in a location accessible to the
9 public and all non-law enforcement entities and non-government entities
10 using automatic license plate readers in the state.
11 (ii) Recommend to the governor, the temporary president of the senate
12 and the speaker of the assembly, rules and regulations with respect to
13 the establishment and implementation on an ongoing basis of a training
14 program for all current and new employees of non-law enforcement enti-
15 ties and non-government entities regarding the policies and procedures
16 established pursuant to this paragraph, along with recommendations for
17 periodic retraining of such employees.
18 § 2. The general business law is amended by adding a new section 399-
19 zzzzzz to read as follows:
20 § 399-zzzzzz. Disclosure of the minimum standards policy for automatic
21 license plate readers by non-law enforcement entities and non-government
22 entities. All non-law enforcement agencies and non-government entities
23 using automatic license plate reader systems shall conspicuously post
24 the minimum standards for the use of automatic license plate reader
25 systems policy, promulgated pursuant to subparagraph seventeen of para-
26 graph (a) of subdivision three of section ninety-four-a of the executive
27 law, on its website, or if such non-law enforcement entity or non-go-
28 vernment entity does not maintain a website, in its main office.
29 Such policy shall be made available to the public upon request. For
30 purposes of this section, "automatic license plate reader system" shall
31 mean a system of one or more mobile or fixed high-speed cameras used in
32 combination with computer algorithms to convert images of license
33 plates into computer-readable data. If an entity using automatic
34 license plate reader systems is both a non-law enforcement and non-go-
35 vernment entity such entity shall only need to complete the requirements
36 of this section once.
37 § 3. This act shall take effect one year after it shall have become a
38 law. Effective immediately, the addition, amendment and/or repeal of any
39 rule or regulation necessary for the implementation of this act on its
40 effective date are authorized to be made and completed on or before such
41 effective date.
