A00940 Summary:

BILL NOA00940A
 
SAME ASSAME AS S00685-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §840, add §837-w, Exec L
 
Relates to automatic license plate readers (ALPRs) and mandatory postings of policies and annual reporting requirements.
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A00940 Actions:

BILL NOA00940A
 
01/06/2021referred to governmental operations
05/11/2021amend (t) and recommit to governmental operations
05/11/2021print number 940a
05/26/2021reported referred to codes
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A00940 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Zebrowski DATE:05/26/2021AYE/NAY:14/0 Action: Favorable refer to committee Codes
ZebrowskiAyeLawlerAye
GalefAyeGoodellAye
GlickAyeLalorAye
KimAyeByrneAye
BichotteAye
HyndmanAye
WilliamsAye
EpsteinAye
WallaceAye
MeeksAye

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A00940 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A940A
 
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-w 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 transparency for the public, so indi- viduals know how this data will be used.   PRIOR LEGISLATIVE HISTORY: A.7254 of 2019 and 2020, referred to governmental operations / Same as S.40 of 2019 and 2020, 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.
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A00940 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         940--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Governmental  Operations  --  committee  discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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 7 to read as follows:
     3    7. 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-w to
    21  read as follows:
    22    § 837-w. Disclosure of the  minimum  standards  policy  for  automatic
    23  license  plate readers by law enforcement agencies.  All state and local
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02067-02-1

        A. 940--A                           2
 
     1  enforcement agencies shall conspicuously post the minimum standards  for
     2  the use of automatic license plate reader systems policy, as promulgated
     3  under  section eight hundred forty of this article on its website, or if
     4  such  law  enforcement  agency  does not maintain a website, in its main
     5  office. Such policy shall be made available to the public upon request.
     6    § 3. This act shall take effect one year after it shall have become  a
     7  law. Effective immediately, the addition, amendment and/or repeal of any
     8  rule  or  regulation necessary for the implementation of this act on its
     9  effective date are authorized to be made and completed on or before such
    10  effective date.
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