Bill Text: NY A10063 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the use of certain interactive, live feed technology by code enforcement officers conducting inspections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-10 - referred to cities [A10063 Detail]

Download: New_York-2013-A10063-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10063
                                 I N  A S S E M B L Y
                                     June 10, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Miller) --
         read once and referred to the Committee on Cities
       AN ACT to amend the administrative code of the city  of  New  York,  the
         public  health  law  and the executive law, in relation to prohibiting
         the use of  certain  devices  or  technology  during  the  conduct  of
         inspections
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The administrative code of the city of New York is  amended
    2  by adding two new sections 17-302 and 20-119 to read as follows:
    3    S  17-302  INSPECTIONS;  PROHIBITIONS.  NO  OFFICER OR EMPLOYEE OF THE
    4  DEPARTMENT WHO IS CONDUCTING AN INSPECTION OF  A  PREMISES  LICENSED  OR
    5  REGULATED  UNDER THIS TITLE SHALL UTILIZE ANY DEVICE OR TECHNOLOGY WHICH
    6  PERMITS THE USER TO CONDUCT A LIVE FEED OF DATA OR IMAGES  TO  A  REMOTE
    7  VIEWER.  THE  PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AN INSPECTOR
    8  FROM PHOTOGRAPHING OR RECODING IMAGES, DATA OR  COMMUNICATIONS  FOR  THE
    9  PURPOSES OF FUTURE ACCESS AND VIEWING.
   10    S  20-119  INSPECTIONS;  PROHIBITIONS.  NO  OFFICER OR EMPLOYEE OF THE
   11  DEPARTMENT WHO IS CONDUCTING AN INSPECTION OF  A  PREMISES  LICENSED  OR
   12  REGULATED  UNDER THIS TITLE SHALL UTILIZE ANY DEVICE OR TECHNOLOGY WHICH
   13  PERMITS THE USER TO CONDUCT A LIVE FEED OF DATA OR IMAGES  TO  A  REMOTE
   14  VIEWER.  THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT AND INSPECTOR
   15  FROM PHOTOGRAPHING OR RECORDING IMAGES, DATA OR COMMUNICATIONS  FOR  THE
   16  PURPOSES OF FUTURE ACCESS AND VIEWING.
   17    S  2. The public health law is amended by adding a new section 1311 to
   18  read as follows:
   19    S 1311. INSPECTIONS; PROHIBITIONS.  NO  OFFICER  OR  EMPLOYEE  OF  THE
   20  DEPARTMENT  OR  OF  ANY  LOCAL  BOARD  OF  HEALTH  WHO  IS CONDUCTING AN
   21  INSPECTION OF A PREMISES LICENSED OR REGULATED UNDER THIS CHAPTER  SHALL
   22  UTILIZE  ANY  DEVICE  OR  TECHNOLOGY WHICH PERMITS THE USER TO CONDUCT A
   23  LIVE FEED OF DATA OR IMAGES TO A REMOTE VIEWER. THE PROVISIONS  OF  THIS
   24  SECTION  SHALL NOT PROHIBIT AN INSPECTOR FROM PHOTOGRAPHING OR RECORDING
   25  IMAGES, DATA OR COMMUNICATIONS FOR THE PURPOSES  OF  FUTURE  ACCESS  AND
   26  VIEWING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15428-01-4
       A. 10063                            2
    1    S  3.  Section  381  of  the  executive law is amended by adding a new
    2  subdivision 7 to read as follows:
    3    7.  NO STATE OR LOCAL OFFICER OR AGENT WHO IS CONDUCTING AN INSPECTION
    4  OF ANY PREMISES TO DETERMINE COMPLIANCE WITH STATE OR LOCAL CODES  SHALL
    5  UTILIZE  ANY  DEVICE  OR  TECHNOLOGY WHICH PERMITS THE USER TO CONDUCT A
    6  LIVE FEED OF DATA OR IMAGES TO A REMOTE VIEWER. THE PROVISIONS  OF  THIS
    7  SECTION  SHALL NOT PROHIBIT AN INSPECTOR FROM PHOTOGRAPHING OR RECORDING
    8  IMAGES, DATA OR COMMUNICATIONS FOR THE PURPOSES  OF  FUTURE  ACCESS  AND
    9  VIEWING.
   10    S 4. This act shall take effect immediately.