Bill Text: NY S06053 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the automatic uninsured vehicle enforcement program to empower a county, city, town or village to authorize local law enforcement agencies to install and operate automatic license plate reader systems on public highways to access and collect data for the investigation, detection, analysis or enforcement of the motor vehicle financial security act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO TRANSPORTATION [S06053 Detail]

Download: New_York-2019-S06053-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6053

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to establishing
          the automatic uninsured vehicle enforcement program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 319-a to read as follows:
     3    § 319-a. Automatic  uninsured  vehicle  enforcement  program.  1.  The
     4  commissioner shall establish a program to use technology and software to
     5  aid in detection of violations of section three hundred nineteen of this
     6  article.  Such  program shall empower a county, city, town or village to
     7  authorize local law enforcement agencies to install and operate automat-
     8  ic license plate reader systems on public highways within  such  county,
     9  city, town or village.
    10    2.  (a)  Participating  law  enforcement  agencies  may  use automatic
    11  license plate reader  systems  utilizing  individual  automatic  license
    12  plate  reader  system  units to access and collect data for the investi-
    13  gation, detection, analysis or  enforcement  of  section  three  hundred
    14  nineteen of this article.
    15    (b)  To  accomplish  the purposes of the program, authorized local law
    16  enforcement agencies shall be allowed to  access  the  database  created
    17  pursuant  to  subdivision four of section three hundred thirteen of this
    18  article to establish compliance with section three hundred  nineteen  of
    19  this article.
    20    (c)  Access to the database pursuant to paragraph (b) of this subdivi-
    21  sion shall be restricted to authorized law enforcement agency  users  in
    22  the  program,  provided, any entity with which a contract is executed to
    23  provide necessary technology, equipment and maintenance for purposes  of
    24  the  program  shall  be  authorized,  as  necessary,  to collaborate for
    25  required updates and maintenance of their software.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10813-01-9

        S. 6053                             2

     1    (d) Any data collected and stored by law enforcement pursuant  to  the
     2  program shall be considered evidence if noncompliance with section three
     3  hundred nineteen of this article is confirmed.
     4    3.  A  law  enforcement  officer  may verify by sworn affidavit that a
     5  photograph generated by an automatic license plate  reader  system  unit
     6  identifies  a particular vehicle operating on or having been operated on
     7  a public highway and that the database created pursuant  to  subdivision
     8  four  of  section  three hundred thirteen of this article shows that the
     9  vehicle was uninsured at the time such vehicle was being operated.  Such
    10  affidavit shall constitute probable cause for prosecution.
    11    4. Data collected or retained through the use of an automated  license
    12  plate  reader  system pursuant to the program shall be retained by a law
    13  enforcement agency when  the  data  is  being  used  as  evidence  of  a
    14  violation  of  section three hundred nineteen of this article; provided,
    15  when such data is no longer needed as evidence of a violation, the  data
    16  shall be deleted or destroyed.
    17    5.  (a)  Data  collected  or  retained through the use of an automated
    18  license plate reader system shall not be used by any individual or agen-
    19  cy for purposes other than enforcement of section three hundred nineteen
    20  of this article or as otherwise permitted by law.
    21    (b) No law enforcement agency or other entity  authorized  to  operate
    22  under  this  program  shall  sell  captured  license  plate data for any
    23  purpose or share it for any purpose not  expressly  authorized  by  this
    24  section.
    25    (c)  Any and all data collected, retained or shared through the use of
    26  an automated license  plate  reader  system,  except  data  retained  as
    27  evidence  of a violation of section three hundred nineteen of this arti-
    28  cle, shall be exempt from article six of the public officers law.
    29    6. The commissioner, in cooperation with any  county,  city,  town  or
    30  village  which  has authorized the use of automatic license plate reader
    31  systems pursuant to this section, shall on or before  January  first  of
    32  each  year  conduct  a  study  and submit a report on the results of the
    33  automatic uninsured vehicle enforcement program  to  the  governor,  the
    34  temporary  president of the senate and the speaker of the assembly. Such
    35  report shall include an evaluation of program operations and any  recom-
    36  mendations for improvement of the program.
    37    7.  For the purposes of this section the term "automatic license plate
    38  reader system" means a system of one or more mobile or  law-enforcement-
    39  controlled  cameras  combined with computer algorithms to convert images
    40  of registration plates into computer-readable data.
    41    8. The provisions of the program shall not apply to, or  be  construed
    42  or  interpreted  in a manner to prohibit the use of, any other automated
    43  license plate reader system by an individual or private legal entity for
    44  purposes not otherwise prohibited by law.
    45    § 2. This act shall take effect on the ninetieth day  after  it  shall
    46  have become a law.
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