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A08779 Summary:

BILL NOA08779B
 
SAME ASSAME AS S07713-A
 
SPONSORRozic
 
COSPNSRSeawright, Levenberg
 
MLTSPNSR
 
Add §394-j, Gen Bus L
 
Prohibits automatic license plate reader users from selling, sharing, allowing access to, or transferring automatic license plate reader information to any state or local jurisdiction for the purpose of investigating or enforcing a law that denies or interferes with a person's right to choose or obtain reproductive health care services or any lawful health care services.
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A08779 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8779--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROZIC, SEAWRIGHT, LEVENBERG -- read once and
          referred to the Committee on Consumer Affairs and Protection -- recom-
          mitted to the Committee on Consumer Affairs and Protection in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee -- recommitted to the Committee on Consumer Affairs and Protection
          in accordance with Assembly Rule 3, sec. 2 -- again reported from said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee
 
        AN ACT to amend the general business law, in relation to restricting the
          use of automatic license plate reader information
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  394-j to read as follows:
     3    § 394-j. Policy for the use of automatic license plate reader systems.
     4  1.  As  used in this section, the following words and phrases shall have
     5  the following meanings:
     6    (a) "Automatic license plate reader system" shall mean a system of one
     7  or more mobile or fixed high-speed  cameras  used  in  combination  with
     8  computer  algorithms  to convert images of license plates into computer-
     9  readable data. "Automated license plate reader system" shall include but
    10  not be limited to such systems  that  are  subject  to  multi-agency  or
    11  vendor  agreements  that  allow  the  sharing of automatic license plate
    12  reader information collected in New York.
    13    (b) "Captured plate data" shall mean the  GPS  coordinates,  date  and
    14  time,  photograph,  license plate number, and any other data captured by
    15  or derived from an automatic license plate reader system.
    16    (c) "Automatic license plate reader user" means  a  person  or  entity
    17  that owns or operates an automatic license plate reader device.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11861-06-6

        A. 8779--B                          2
 
     1    (d)  "Law  enforcement  agency" means: (i) a law enforcement agency as
     2  defined in subdivision eight of section eighty-six of the  public  offi-
     3  cers  law;  (ii)  any  private  investigator,  security guard, or watch,
     4  guard, or patrol agency licensed pursuant to section seventy-one of this
     5  chapter;  and  (iii)  any private entity charged with the enforcement of
     6  state, county, or municipal laws or with managing  custody  of  detained
     7  persons in any state or jurisdiction.
     8    2.  (a)  An automatic license plate reader user shall not sell, share,
     9  allow access to, or transfer captured plate data to any state  or  local
    10  jurisdiction  for  the  purpose of investigating or enforcing a law that
    11  denies or interferes with a person's right to choose or obtain reproduc-
    12  tive health care services or any lawful health care services.
    13    (b) Any automatic license plate reader user in this  state,  including
    14  any  law  enforcement  agency  of this state that uses automatic license
    15  plate reader systems, shall not share  automatic  license  plate  reader
    16  information  with  an  out-of-state law enforcement agency without first
    17  obtaining a written declaration from the  out-of-state  law  enforcement
    18  agency  that  it expressly affirms that the captured plate data obtained
    19  shall not be used in a manner that violates paragraph (a) of this subdi-
    20  vision. If a written declaration of affirmation is not executed, the law
    21  enforcement agency shall not share the  captured  plate  data  with  the
    22  out-of-state law enforcement agency.
    23    (c)  Captured  plate  data  shall  be maintained confidentially to the
    24  fullest extent permitted by law.
    25    3. The provisions of this section shall not  apply  to  an  electronic
    26  toll collection system or associated transaction system or any component
    27  thereof  which  is  operated  by  a  public authority for the purpose of
    28  imposing and collecting tolls on a roadway within the state.
    29    § 2. This act shall take effect on the thirtieth day  after  it  shall
    30  have become a law.
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