BILL NUMBER: S9890
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the general business law and the public authorities law,
in relation to automatic license plate reader systems
 
PURPOSE:
This bill will create a comprehensive regulatory framework and data
procedures for the use of automatic license plate reader (ALPR) systems
across New York State.
 
SUMMARY OF PROVISIONS:
Amends Section 1 of the general business law by adding new section
397-c, Subdivision 1 of section 397-c establishes definitions.
Subdivision 2 of this section describes restrictions of ALPR system
usage, ALPR system use shall be unlawful for any government entity to
use or operate and ALPR system or captured plate data except under the
conditions provided for in paragraph (b) of this subdivision.
Subdivision 3 of this section 397-c outlines the use and restrictions on
data transfer for ALPR systems.
Subdivision 4 of this section provides rules for data retention of ALPR
systems.
Subdivision 5 of this section pertains to freedom of information law
exemptions.
Subdivision 6 of this section contains ALPR system reporting require-
ments, such as the minimum information ALPR system metrics that must be
tracked and published, when data was accessed and for what purpose, in
addition to conspicuous reporting requirements.
Subdivision 7 of this section describes exclusionary rule requirements
of ALPR systems and captured plate data, of which this data cannot be
used as evidence in any trial, hearing, or other proceeding in or before
any court, grand jury, department, officer, etc. on behalf of a govern-
ment entity. Exceptions to this are provided in subparagraph (b).
Subdivision 8 of this section outlines the penalties to those who
violate any of the provisions of this section.
Subdivision 14 of section 2985 of public authorities law amends section
2, as added by chapter 379 of the laws of 1992, to read that notwith-
standing any other provision of law, all photographs, microphotographs,
video footage, captured plate data as defined in subparagraph (b) of
section 1 of section 397-c of the general business law or other recorded
images shall be for the exclusive use of a public authority in the
discharge of its duties,
Subdivision 3 includes severability clause.
Subdivision 4 states the effective date of the bill.
 
EXISTING LAW:
New bill,
 
JUSTIFICATION:
Automatic license plate readers (ALPR systems) are a technology that
utilize a combination of cameras and computer software to indiscrimi-
nately scan the license plates of passing vehicles, They are rapidly
being adopted by law enforcement throughout the country, with 173 law
enforcement agencies collectively scanning 2.5 billion licenses plates
from 2016 and 2017 alone. The trend of misusing this technology as a
form of surveillance infrastructure by bad actors, or unauthorized shar-
ing between police jurisdictions, remains a nationwide issue. Currently,
there is no regulatory framework in New York State that outlines
restrictions and unlawful use of ALPR systems on behalf of New York
State entities and law enforcement, nor is there existing state regu-
lation on ALPR data transfer, storage, and sharing.
This bill would establish a comprehensive ALPR system and captured plate
data regulatory framework to protect the privacy of New Yorkers and the
traveling public. It defines how long captured plate data can be stored,
restricts the use and sharing of data collected by ALPR systems, and
establishes reporting requirements for the usage of ALPR systems.
ALPR systems and ALPR data laws are being introduced or reformed in over
two dozen states throughout the country. These provisions have been
developed to balance the use of ALPR technology for legitimate law
enforcement purposes and basic state operations (e.g. electronic toll
collection), while also maintaining protection for individual's privacy.
 
LEGISLATIVE HISTORY:
2025-26: Introduced.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law, provided that captured plate date prior to the effective
date of this act, are subject to subdivision 5 section 397c of the
general business law as added in section one of this act will take
effect on the ninetieth day after it shall have become law.

Statutes affected:
S9890: 2985 public authorities law, 2985(14) public authorities law