Multiple states are nearing passage of new rules for the use of automated license plate readers. The devices typically are mounted on police vehicles, road signs or traffic lights.
High-tech cameras to capture the date, time and location that scanned vehicles pass are used in some capacity by about 600 local and state police departments and other state and federal agencies, according to the American Civil Liberties Union. Private business, such as repossession companies and vehicle insurance companies, also use the technology that can capture nearly 2,000 images per minute.
Virginia
A Virginia rule revision for the use of license plate readers awaits a decision by the governor.
Multiple local law enforcement agencies in the state use plate readers, but statute does not regulate their use.
State lawmakers approved adopting rules for use of the devices.
HB2724 defines who can use camera data and how it can be used. Uses covered in the bill include active criminal investigations, combatting human trafficking and tracking a stolen vehicle or a stolen license plate.
The State Police would also be authorized to use the cameras along state highways, bridges and tunnels throughout the Commonwealth.
The license plate readers bill sent to Gov. Glenn Youngkin included a 21-day data retention period for camera data. Additionally, state lawmakers would need to approve the bill again next year for enactment.
Youngkin recommended legislators revise the retention period from 21 days to 30 days. He also called for dropping the requirement to pass the bill again next year. Instead, the rules would be implemented on July 1.
House lawmakers rejected the governor’s recommendations on a 47-46 vote. As a result, the bill heads back to the governor for reconsideration.
He can sign the bill as initially sent to him, veto it or allow it to become law without his signature.
Idaho
Idaho state lawmakers also sent a bill to the governor that focuses on data access and control of license plate readers.
S1180 is intended to more clearly define the use of readers for law enforcement. Specifically, agencies would be permitted to use the devices to collect data for law enforcement purposes and/or for traffic flow analysis.
The devices would be prohibited for non-law-enforcement purposes.
Agencies that use the technology would be required to provide training on proper use and compliance with rules.
Arkansas
The Arkansas Senate voted unanimously to advance a bill that would revise rules for the use of license plate readers.
Statute enables state, county and local law enforcement to use the devices. Parking enforcement entities also are permitted to use readers.
Private use of readers is prohibited, with limited exceptions.
SB446 would amend statute to permit entities that include private landowners and commercial businesses access to the devices.
Sen. Ben Gilmore, R-Crossett, said the legislation is about deterring crime. Speaking on the Senate floor, he said a lot of places deal with organized theft.
“There’s a lot of times those people are hitting store, after store, after store. (SB446) allows those businesses to collect the license plates of people that are entering into their parking lot,” Gilmore said.
A retention time limit of 150 days is included.
The House Judiciary Committee is scheduled to discuss the bill this week.
Missouri
A pair of Missouri bills would ban the use of license plate readers.
The identical bills, HB658 and SB540, would forbid counties, cities, towns, villages, municipalities and state agencies from posting the devices on any public roadway. Agencies also would be prohibited from accessing or using any data captured by third parties, such as Flock.
Agencies could continue to use devices affixed to law enforcement vehicles.
The bills include a provision for a statewide ban on the use of red-light cameras.
Nebraska
A Nebraska bill would go the opposite direction on the use of license plate readers.
State law permits government entities to use the technology only to identify vehicles that are associated with a missing person, registered to someone with an outstanding warrant, relevant to an ongoing criminal investigation or reported as stolen.
Parking enforcement agencies also are permitted to use the devices to track outstanding parking or traffic violations, to assist weigh stations or to collect tolls.
Captured data must be purged within 180 days unless it is used as evidence or is the subject of a warrant, subpoena or court order.
LB616 would expand authorization for the equipment to include use at red lights. Violators would pay a fine unless they opt to take a free driver’s safety training class.
New Jersey
Identical New Jersey bills cover the use of scanners.
A3297/S4174 would prohibit unauthorized use of data collected via license plate readers.
Punishment of up to six months behind bars and/or a fine of up to $1,000 would be authorized for employees of law enforcement agencies that use or access collected data without authorization.
Agencies using the readers would be required to submit an annual report to the attorney general. County prosecutors or the attorney general would also be responsible to do an annual audit of each agency’s use of the devices.
Texas
In Texas, one bill would also set rules for the use of license plate readers.
Mobile or fixed high-speed camera use would be authorized for state agencies.
Purposes for use would include criminal investigations, identifying unregistered or uninsured vehicles, identifying or recovering stolen vehicles, collecting or enforcing tolls or enforcing parking requirements.
HB2083 states that data retention for vehicles not associated with any purpose specified in the bill must be destroyed within 48 hours. LL
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