BILL NUMBER: S7713A
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the general business law, in relation to restricting the
use of automatic license plate reader information
 
PURPOSE:
To prevent automatic license plate reader users from selling, sharing,
allowing access, or transferring automatic license plate reader informa-
tion for purposes of investigating or enforcing a law that impedes the
right to choose or access reproductive health care services or any
lawful health care services.
 
SUMMARY OF PROVISIONS:
Section 1:
*Adds a new section 397-c to the General Business Law titled "Policy for
the use of automatic license plate reader systems." *Provides defi-
nitions of "automatic license plate reader system," "captured plate
data," "automatic license plate reader user," and "law enforcement agen-
cy." *Prohibits an automatic license plate reader (ALPR) user from sell-
ing, sharing, allowing access to, or transferring ALPR information to
any state or local jurisdiction for purposes of investigating or enforc-
ing a law that impedes the right to choose or access reproductive health
care services or any lawful health care services. *Prohibits any ALPR
user in New York, including any State law enforcement agency that uses
ALPR systems, from sharing ALPR information with any out-of-state law
enforcement agency without obtaining a written declaration that the
agency shall not use the ALPR infoimation in a way that impedes a
person's right to choose or access reproductive health care services or
any lawful health care services. The State law enforcement agency shall
not share the ALPR information with the out-of-state law enforcement
agency without an executed written declaration of affirmation. *Stipu-
lates that ALPR information shall be held confidentially to the fullest
extent permitted by law. *Specifies that the provisions in section 397-c
shall not apply to an electronic toll collection system or associated
transaction system or any component thereof that is operated by a public
authority for purposes of imposing and collecting tolls on a roadway in
the State.
Section 2 establishes the effective date. This act shall take effect on
the thirtieth day after it shall have become a law.
 
JUSTIFICATION:
Automated license plate readers (ALPRs) are "high-speed, computer-cont-
rolled camera systems" that are generally placed on street poles,
streetlights, highway overpasses, mobile trailers, or police cars. ALPRs
are designed to capture driver information, including the license plate
number and the car they are driving, as well as the day, time; and
location. Photographs.of the driver and passengers may also be taken.
ALPRs capture all license plate numbers that come into view. 1
Once collected, ALPR infounation may be utilized by the police for
investigations, as evidence, or for other law enforcement purposes. It
is also common practice for law enforcement agencies to share ALPR
information with other agencies, including out-of-statejurisdictions.
Since the Dobbs decision, anti-abortion states have accelerated enacting
egregious abortion bans, forcing individuals to travel out of state to
obtain care. Many of these individuals are unable to afford the cost of
a plane or train ticket and must drive to receive the medical care they
need. The situation has become even more dire as states are introducing
increasingly punitive civil and criminal penalties for abortion provid-
ers, helpers, and patients.
The Surveillance Technology Oversight Project (STOP) reported on the
pervsiveness of automated license plate surveillance in July 2023,
explaining how law enforcement can use ALPR data and other datasets to
identify car owners, which means that "ALPR data can substantiate the
accusation that a person is a healthcare traveler, their travel compan-
ion or healthcare provider." 2
This legislation will help to protect abortion patients, abortion
providers, and individuals who help abortion patients access care in New
York by prohibiting ALPR users from selling, sharing, allowing access,
or transferring ALPR information for purposes of investigating or
enforcing a law that impedes the right to choose or access reproductive
health care services or any lawful health care services.
 
LEGISLATIVE HISTORY:
This is a new bill in the Assembly.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
1 Data Driven: What Is ALPR? Electronic Frontier Foundation:
https://www.eff.org/pages/what-alpr
2 Roadblock to Care: Barriers to Out-of-State Travel for Abortion and
Gender Affirming Care, Surveillance Technology Oversight Project:
https://www.stopspying.org/roadblock-to-care _ftn3 1