Bill Text: NY A09772 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 9772 (Prior Session Legislation)

Introduced

Bill Title: Relates to automatic license plate readers (ALPRs); prohibits the use of ALPR systems by non-law enforcement entities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-06 - referred to consumer affairs and protection [A09772 Detail]

Download: New_York-2017-A09772-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          9772
                   IN ASSEMBLY
                                    February 6, 2018
                                       ___________
        Introduced by M. of A. TITONE -- read once and referred to the Committee
          on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to banning 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. The general business law is amended by adding a new section
     2  397-b to read as follows:
     3    § 397-b. Use of automatic license plate reader systems prohibited.  1.
     4  As  used  in  this  section the following terms shall have the following
     5  meanings:   (a) "Automatic license plate reader  system"  shall  mean  a
     6  system  of one or more mobile or fixed high speed cameras used in combi-
     7  nation with computer algorithms to convert images of license plates into
     8  computer-readable data.
     9    (b) "Electronic  toll  collection  system"  shall  mean  a  system  of
    10  collecting  tolls  or  charges  which  is capable of charging an account
    11  holder the appropriate toll or charge  by  transmission  of  information
    12  from an electronic device on a motor vehicle to the toll lane in accord-
    13  ance  with  the  toll  collection regulation of a public authority which
    14  operates a toll highway, bridge and/or tunnel facility,  which  informa-
    15  tion  is  used by such public authority to charge the account the appro-
    16  priate toll or charge.
    17    (c) "Photo-monitoring system" shall mean a vehicle sensor installed to
    18  work in conjunction with a toll collection facility which  automatically
    19  produces  one or more photographs, one or more microphotographs, a vide-
    20  otape or other recorded images of each vehicle at the time it is used or
    21  operated in violation of toll collection regulations of a public author-
    22  ity which operates a toll highway, bridge and/or tunnel facility.
    23    (d) "Toll collection regulations" shall mean  those  rules  and  regu-
    24  lations of a public authority providing for and requiring the payment of
    25  tolls  and/or charges prescribed by such public authority for the use of
    26  bridges, tunnels or highways under its jurisdiction.
    27    2. It shall be unlawful for  any  person,  firm,  partnership,  corpo-
    28  ration, or association, to use an automatic license plate reader system.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03776-01-7
        A. 9772                             2
     1    3.  The  provisions  of  this section shall not apply to an electronic
     2  toll collection system or photo-monitoring system.
     3    4.  A  violation  of the provisions of this section shall constitute a
     4  violation, and upon conviction thereof shall be punishable by a fine  of
     5  not  more  than one thousand dollars. Each unlawfully installed or main-
     6  tained device shall constitute a separate and distinct violation.
     7    § 2.  This act shall take effect immediately.