NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4157
SPONSOR: Paulin TITLE OF BILL:
An act to amend the executive law, in relation to the use of automatic
license plate reader systems
PURPOSE OR GENERAL IDEA OF BILL:
This bill would create guidelines for the use of license plate reader
technology by law enforcement agencies.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new subdivision 7 to section 840 of the executive law
requiring the municipal police training council to (a) develop, maintain
and disseminate a minimum standards policy governing the use of automat-
ic license plate reader systems. The minimum standards policy shall
include, but not be limited to, provisions on permissible uses of the
automated license plate reader technology, data sharing and dissem-
ination, prohibited uses, record retention and management, and training;
and (b) recommend to the governor, rules and regulations with respect to
the establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this subdivision, along with
recommendations for periodic retraining of police officers. Such recom-
mended rules and recommendations shall also be submitted to the tempo-
rary president of the senate and the speaker of the assembly
Section 2 adds a new section 837-x to the executive law to provide that
all state and local enforcement agencies shall conspicuously post the
minimum standards for the use of automatic license plate reader systems
policy, as promulgated under section 840 of this article on its website,
or if the law enforcement agency does not maintain a website, in its
main office. Such policy shall be made available to the public upon
request.
Section 3 sets the effective date.
JUSTIFICATION:
Automatic License Plate Reader (ALPR) technology has become an increas-
ingly useful tool for law enforcement agencies for the purpose of aiding
and assisting in catching criminals. New Yorkers have always valued
privacy and the use of ALPR technology can infringe upon an innocent
citizen's inherent right to privacy. According the American Civil Liber-
ties Union, this technology and data derived from it can essentially map
out the entire life of a private citizen who has not committed or even
been suspected of any crimes. New York currently does not have uniform
standards•in place governing the use of ALPRs. This legislation would
require the State's Municipal Police Training Council to develop such
standards and to recommend rules and regulations to the Governor with
respect to the establishment and implementation of a training program
for all current and new officers regarding the established standards. In
addition, all state and local enforcement agencies would be required to
post the standards developed on its website. This will increase trans-
parency for the public, so individuals know how this data will be used.
PRIOR LEGISLATIVE HISTORY:
A.940B of 2021 and 2022, reported referred to codes in 2021, referred to
consumer protection in 2022. Same as S.685B, amended and recommitted to
consumer protection.
A.7254 of 2019 and 2020, referred to governmental operations. Same as
S.40, referred to consumer protection
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect one year after which it has become a law.
STATE OF NEW YORK
________________________________________________________________________
4157
2023-2024 Regular Sessions
IN ASSEMBLY
February 10, 2023
___________
Introduced by M. of A. PAULIN, VANEL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to 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. Section 840 of the executive law is amended by adding a new
2 subdivision 8 to read as follows:
3 8. The council shall, in addition:
4 (a) Develop, maintain and disseminate a minimum standards policy
5 governing the use of automatic license plate reader systems. The minimum
6 standards policy shall include, but not be limited to, provisions on
7 permissible uses of the automatic license plate reader technology, data
8 sharing and dissemination, prohibited uses, record retention and manage-
9 ment, and training. For purposes of this section, "automatic license
10 plate reader system" or "ALPR system" shall mean a system of one or more
11 mobile or fixed high-speed cameras used in combination with computer
12 algorithms to convert images of license plates into computer-readable
13 data.
14 (b) Recommend to the governor, the temporary president of the senate
15 and the speaker of the assembly, rules and regulations with respect to
16 the establishment and implementation on an ongoing basis of a training
17 program for all current and new police officers regarding the policies
18 and procedures established pursuant to this subdivision, along with
19 recommendations for periodic retraining of police officers.
20 § 2. The executive law is amended by adding a new section 837-x to
21 read as follows:
22 § 837-x. Disclosure of the minimum standards policy for automatic
23 license plate readers by law enforcement agencies. All state and local
24 enforcement agencies shall conspicuously post the minimum standards for
25 the use of automatic license plate reader systems policy, as promulgated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07628-01-3
A. 4157 2
1 under section eight hundred forty of this article on its website, or if
2 such law enforcement agency does not maintain a website, in its main
3 office. Such policy shall be made available to the public upon request.
4 § 3. This act shall take effect one year after it shall have become a
5 law. Effective immediately, the addition, amendment and/or repeal of any
6 rule or regulation necessary for the implementation of this act on its
7 effective date are authorized to be made and completed on or before such
8 effective date.
