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2014 State Legislation Related to Automated License Plate Recognition Information

Automated License Plate Readers | State Legislation

9/24/2014

Automated license plate readers (ALPRs) capture computer-readable images that allow law enforcement to compare plate numbers against plates of stolen cars or cars driven by individuals wanted on criminal charges. The devices are mounted on police cars, road signs or traffic lights and capture thousands of images of plates.

The data collected can enhance law enforcement’s ability to investigate and enforce the law but also raise concerns that the information collected may be inaccurate, placed into databases and shared without restrictions on use, retained longer than necessary and used or abused in ways that could infringe on individuals’ privacy.

PLEASE NOTE: NCSL cannot provide assistance with individual cases. NCSL serves state legislators and their staff. This site provides general comparative information only and should not be relied upon or construed as legal advice. Please check individual legislative websites for the most current status, summaries and versions of bill text.

2014 State Legislation

ALPR bills have been introduced or are pending in at least 19 states in 2014.

California

S.B. 893 Status: May 6, 2014; in Senate. Read second time and amended. Referred to Committee on Appropriations.

Imposes restrictions on a person that operates an automated license plate recognition system by prohibiting the sale of the data from that system and prohibiting a person from sharing the data, except with a law enforcement agency or officer. Specifies that such data retained for a specified period may be accessed by law enforcement, pursuant to a warrant or other court order. Authorizes a civil action for a person whose data were disclosed to recover damages, including all costs and attorney’s fees.

Colorado

H.B. 1152   Status: April 4, 2014. Signed by governor.*

Requires that video or still images obtained by passive surveillance by governmental entities must be destroyed within a specified time period after the recording of the images; provides that this does not apply to any type of correctional facility, local jail, or private contract prison; provides that toll collection cameras are not passive surveillance.

Connecticut

H.B. 5389 Status: May 7, 2014. Signed by governor.*

Relates to electronic defense weapons. (*Provisions related to automated number plate recognition systems in earlier versions were amended out.)

Florida

H.B. 599 Status: March 21, 2014; in House. Pending review of substitute. Failed.

Relates to public records and automated license plate recognition systems; creates public records exemption for images obtained through use of automated license plate recognition system and personal identifying information of individual in data generated from such images. Provides conditions for disclosure of such images and information. Provides for retroactive application of public records exemption; provides for future repeal and legislative review of exemption.

S.B. 226 Status: June 20, 2014. Signed by Governor. Chapter 170

Relates to public records and automated license plate recognition systems exemptions. Creates a public records exemption for images obtained through the use of an automated license plate recognition system and personal identifying information of an individual in data generated from such images. Provides for retroactive application of the public records exemption.

S.B. 1272 Status: March 11, 2014; to Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development. Failed.

Relates to transportation and motor vehicles. Requires the Department of State to consult with the Department of Law Enforcement in establishing a retention schedule for records generated by the use of an automated license plate recognition system. Requires the Department of Highway Safety and Motor Vehicles to develop a system for issuing digital proof of driver license. Requires the Department of Highway Safety and Motor Vehicles to invalidate the digital proof of driver license.

Hawaii

H.B. 2154 Status: March 6, 2014. Failed.

Requires captured license plate data obtained from use of automatic license plate readers to be destroyed after one year; restricts access to captured plate data to state and county law enforcement agencies.

Indiana

S.B. 417 Status: Jan. 15, 2014; to Senate Committee on Homeland Security, Transportation and Veterans Affairs. Failed.

Prohibits a law enforcement agency from retaining license plate data captured by an automated license plate reader unless: (1) a comparison of the plate data with a database shows that the data are relevant to an ongoing criminal investigation, the location of a missing person or fugitive from justice, or the commission of a crime; (2) the person in whose name the license plate was issued requests retention of the data; or (3) the data were obtained under a warrant.

Maryland

H.B. 289 Status: Jan. 20, 2014; to House Committee on Judiciary. Failed.

Prohibits a person from using an automatic motor vehicle registration plate reader system, subject to a specified exception for specified purposes. Prohibits a law enforcement agency from sharing captured plate data for other than specified purposes, subject to a specified exception. Prohibits a law enforcement agency from retaining captured plate data for more than 30 days and requiring the agency to destroy the captured plate data after 30 days, subject to a specified exception for a specified purpose.

S.B. 699 Status: April 14, 2014. Signed by governor. Chapter 192.

Relates to automatic motor vehicle registration plate readers and captured plate data. Relates to authorized uses.

Massachusetts

H.B. 3068 Status: May 5, 2015; in Joint Committee on Transportation. Extension order filed.

Regulates the use of automatic license plate reader systems.

H.B. 4098 Status: May 22, 2014; Introduced

Regulates the use of automatic license plate reader systems

S.B. 1648 Status: May 5, 2014; in Joint Committee on Transportation. Heard: eligible extension order filed.

Regulates the use of automatic license plate reader systems.

S.B. 2141 Status: May 5, 2014; in Joint Committee on Transportation. Heard: eligible extension order filed.

Regulates the use of automatic license plate reader systems.

Minnesota

H.B. 474 Status: April 28, 2014; removed from table.

Classifies data collected from an automated license plate reader, and in certain circumstances requires the data’s destruction within 10 days of collection. Requires a law enforcement agency using an automated license plate reader to maintain a log of its use.

H.B. 488 Status: Feb. 11, 2013; to House Committee on Civil Law.

Relates to data practices. Requires destruction of automated license plate reader data.

S.B. 210 Status: Jan. 31, 2013; to Senate Committee on Judiciary.

Relates to data practices. Requires destruction of automated license plate reader data.

S.B. 385 Status: May 18, 2013. Failed.

Relates to data practices. Classifies data related to automated license plate readers. Requires a log of use. Requires data to be destroyed in certain circumstances.

Missouri

S.B. 599 Status: May 5, 2014; hearing scheduled.

Restricts the storage of data collected through automated license plate reader systems. Requires entities in possession of the data to purge all records and backup copies of the data as provided unless the data are subject to a preservation request for an active criminal investigation or court proceeding or pursuant to a warrant. Prohibits the use of any data or evidence derived from such systems preserved in violation of this act from being received into evidence in any proceeding.

New Hampshire

H.B. 675 Status: Jan. 15, 2014; in House. Indefinitely postponed.

Authorizes and regulates the use of license plate scanning devices used by law enforcement.

New Jersey

A.B. 197 Status: Jan. 16, 2014; to Assembly Committee on Judiciary.

Requires judicial approval prior to installation or use of automated license plate reader by law enforcement agency.

A.B. 2148 Status: Jan. 16, 2014; to Assembly Committee on Law and Public Safety.

Establishes time limit for retention of automated license plate reader data by law enforcement agency.

North Carolina

S.B. 623 Status: April 3, 2013; to Senate Committee on Transportation.

Regulates the use of automatic license plate reader systems.

Oregon

S.B. 1522 Status: March 7, 2014; in committee on adjournment. Failed.

Restricts the use of motor vehicle registration plate surveillance cameras. Provides exceptions for law enforcement.

Rhode Island

H.B. 5150 Status: Feb. 26, 2013; in House Committee on Corporations. Committee recommends measure to be held for further study.

Creates an electronic automobile and commercial vehicle liability insurance confirmation and compliance system in the state. Provides for an automatic license plate recognition system to electronically capture license plate images and noninvasively attempt verification of the insurance and, when possible, the registration status of the vehicle. If the vehicle is covered under an automobile insurance policy or properly registered or there is no conclusive proof of noncompliance as determined by a law enforcement officer, the automatic license plate recognition system shall erase the record of the vehicle’s license plate within one minute.

H.B. 5825 Status: March 27, 2013; in House Committee on Judiciary. Committee recommends measure to be held for further study.

Creates a new chapter in the general laws providing for an automated license plate reader system. Makes it unlawful for any individual, partnership, corporation, association or the state of Rhode Island, its agencies and political subdivisions to use an automated license plate reader system, except for outstanding parking or traffic violations, identifying a vehicle registered to one for whom there is an outstanding warrant and identifying a vehicle associated with a missing person.

H.B. 7461 Status: March 12, 2014; in House Committee on Judiciary. Committee recommends measure to be held for further study.

Creates an automated license plate reader system. Makes it unlawful for any partnership, corporation, association or the state of Rhode Island, its agencies and political subdivisions to use an automated license plate reader system. Provides exceptions. Relates to outstanding parking or traffic violations. Relates to identifying a vehicle registered to one for whom there is an outstanding warrant. Relates to identifying a vehicle associated with a missing person. Relates to electronic toll collection.

H.B. 7867 Status: April 9, 2014; in House Committee on Judiciary. Committee recommends measure to be held for further study.

Prohibits surveillance on any public highway in the state unless specifically authorized by statute or court order. Provides for the confidentiality of information collected or stored. Takes effect on passage.

S.B. 2614 Status: March 20, 2014; in Senate Committee on Judiciary. Committee recommends measure to be held for further study.

Creates an automated license plate reader system. Makes it unlawful for any individual, partnership, corporation, association or the state of Rhode Island, its agencies and political subdivisions to use an automated license plate reader system, except for outstanding parking or traffic violations, identifying a vehicle registered to one for whom there is an outstanding warrant, identifying a vehicle associated with a missing person or for the purpose of electronic toll collection.

Tennessee

H.B. 2101 Status: March 17, 2014; in House. Substituted on House Floor by S.B. 1664.

Relates to motor vehicles, titling and registration. Prohibits law enforcement agencies and certain state departments from storing license plate records collected via automatic license plate readers for longer than two years.

S.B. 1664 Status: April 11, 2014. Signed by governor. Chapter 625.

Relates to motor vehicles, titling and registration. Prohibits law enforcement agencies and certain state departments from storing license plate records collected via automatic license plate readers for longer than two years.

Utah

S.B. 51 Status: April 7, 2014. Signed by governor. Chapter 377.

Adds to the list of groups that may use an automatic license plate reader system: public transit districts, for the purpose of assessing parking needs and conducting a travel pattern analysis.

S.B. 222 Status: April 10, 2014. Signed by governor. Chapter 276.

Modifies the Traffic Code by amending provisions relating to automatic license plate reader systems. Amends definitions. Provides that the restrictions on the use of an automatic license plate reader system only apply to a governmental entity. Provides that a governmental entity may obtain, receive or use privately held captured plate data only: pursuant to a warrant or a court order; if the private automatic license plate reader system retains captured plate data for 30 days or fewer.

Virginia

S.B. 452 Status: Jan. 13, 2014; stricken from docket. Failed.

Relates to license plate reader database. Relates to penalty. Requires the Department of State Police to maintain a license plate reader database under the control of the Virginia Fusion Intelligence Center; provides that data can be accessed for grand jury proceedings and by law-enforcement agencies conducting criminal investigations. Provides that unauthorized access to or dissemination of license plate reader data is a class 4 misdemeanor.

Washington

H.B. 2606 Status: Jan. 22, 2014; to House Committee on Public Safety. Failed.

Restricts the use of automated license plate recognition systems.

 

2013 State Legislation

ALPR bills were introduced in at least 12 states and enacted in four states in 2013.

Arkansas

H.B. 1996 Status: April 22, 2013. Act No. 1491.

Regulates the use of automatic license plate reader systems. Provides that such systems may only be used by certain entities, including law and parking enforcement entities. Sets forth the requirements for the use of captured data.

Massachusetts

H.B. 3068 Status: May 16, 2013; in Joint Committee on Transportation. Heard: eligible for Executive Session.

Regulates the use of automatic license plate reader systems.

S.B. 1648 Status: Feb. 15, 2013; filed as Senate Docket 367.

Regulates the use of automatic license plate reader systems.

Minnesota

H.B. 474 Status: May 18, 2013; in Senate. Second reading.

Classifies data collected from an automated license plate reader, and in certain circumstances requires the data’s destruction within 10 days of collection. Requires a law enforcement agency using an automated license plate reader to maintain a log of its use.

H.B. 488 Status: Feb. 11, 2013; to House Committee on Civil Law.

Relates to data practices. Requires destruction of automated license plate reader data.

S.B. 210 Status: Jan. 31, 2013; to Senate Committee on Judiciary.

Relates to data practices. Requires destruction of automated license plate reader data.

S.B. 385 Status: May 18, 2013; indefinitely postponed. See H.B. 474.

Relates to data practices. Classifies data related to automated license plate readers. Requires a log of use;. Requires data to be destroyed in certain circumstances.

Montana

H.B. 400 Status: April 24, 2013; died in committee.

Revises laws related to personal information privacy. Relates to information technology. Relates to privacy. Relates to state revenue. Relates to rulemaking.

H.B. 572 Status: April 24, 2013; died in committee.

Creates the Montana Right to Know Act. Relates to privacy. Relates to state revenue.

Michigan

H.B. 4981 Status: Sept. 17, 2013; referred to Committee on Criminal Justice.

Restricts and regulates the use of registration plate reading devices, also known as license plate readers or RPRs, by law enforcement.

Missouri

S.B. 599 Status: Dec. 3, 2013; prefiled.

Relates to automated license plate reader systems.

New Hampshire

H.B. 675 Status: March 5, 2013; retained in committee for action in second year of session.

Authorizes and regulates the use of license plate scanning devices.

New Jersey

A.B. 4398 Status: Nov. 18, 2013; to Assembly Committee on Law and Public Safety.

Requires judicial approval prior to installation or use of automated license plate reader by law enforcement agency.

North Carolina

S.B. 623 Status: April 3, 2013; to Senate Committee on Transportation.

Regulates the use of automatic license plate reader systems.

Rhode Island

H.B. 5150 Status: Feb. 26, 2013; in House Committee on Corporations. Committee recommends measure to be held for further study.

Creates an electronic automobile and commercial vehicle liability insurance confirmation and compliance system in the state. Provides for an automatic license plate recognition system to electronically capture license plate images and noninvasively attempt verification of the insurance and when possible, the registration status of the vehicle. If the vehicle is covered under an automobile insurance policy or properly registered or there is no conclusive proof of noncompliance as determined by a law enforcement officer, the automatic license plate recognition system shall erase the record of the vehicle’s license plate within one minute.

H.B. 5825 Status: March 27, 2013; in House Committee on Judiciary: committee recommends measure to be held for further study.

Creates a new chapter in the general laws providing for an automated license plate reader system. Makes it unlawful for any individual, partnership, corporation, association or the state of Rhode Island, its agencies and political subdivisions to use an automated license plate reader system, except for outstanding parking or traffic violations, identifying a vehicle registered to one for whom there is an outstanding warrant or identifying a vehicle associated with a missing person.

S.B. 46 Status: June 25, 2013; placed on Senate calendar.

Creates an electronic automobile and commercial vehicle liability insurance confirmation and compliance system in the state. Provides for an automatic license plate recognition system to electronically capture license plate images and noninvasively attempt verification of the insurance and when possible, the registration status of the vehicle. If the vehicle is covered under an automobile insurance policy or properly registered or there is no conclusive proof of noncompliance as determined by a law enforcement officer, the automatic license plate recognition system shall erase the record of the vehicle’s license plate within one minute.

Utah

S.B. 196 Status: April 26, 2013. Chaptered. Chapter No. 447.

Modifies provisions relating to automatic license plate reader systems; specifies circumstances when an automatic license plate reader system may be used by a person or governmental entity. Provides that captured plate data is a private record under the Government Records Access and Management Act. Prohibits a person from selling such data. Requires a disclosure order or warrant for disclosure of such data.

Vermont

S.B. 18 Status: June 10, 2013. Act No. 0069.

Requires a law enforcement officer to be certified in the use of a automated license plate reader in order to operate such a system. Provides that active system data may be accessed by an officer if he or she has a legitimate law enforcement purpose for the data. Entry of any access data into the system must be approved. Provides the procedures for requesting data. Limits the access to such data. Requires a review process to assure the data are being obtained for authorized purposes.

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