Download Zipped Introduced WordPerfect SB0196.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 196
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to automatic license plate reader systems.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . provides that a person or governmental entity may not use an automatic license plate
14 reader system except in certain circumstances;
15 . specifies circumstances when an automatic license plate reader system may be used
16 by a person or governmental entity;
17 . provides that captured plate data is a private record under the Government Records
18 Access and Management Act;
19 . provides that captured plate data may only be shared for specified purposes, may
20 only be preserved for a certain time, and may only be disclosed pursuant to a
21 disclosure order or a warrant;
22 . prohibits a person from selling, trading, or exchanging captured plate data for any
23 purpose;
24 . establishes procedures for a governmental entity to submit a preservation request for
25 captured plate data; and
26 . provides a penalty for violating the provisions relating to automatic license plate
27 reader systems.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 63G-2-302, as last amended by Laws of Utah 2012, Chapters 74, 145, and 202
35 ENACTS:
36 41-6a-2001, Utah Code Annotated 1953
37 41-6a-2002, Utah Code Annotated 1953
38 41-6a-2003, Utah Code Annotated 1953
39 41-6a-2004, Utah Code Annotated 1953
40 41-6a-2005, Utah Code Annotated 1953
41 41-6a-2006, Utah Code Annotated 1953
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 41-6a-2001 is enacted to read:
45
46 41-6a-2001. Title.
47 This part is known as the "Automatic License Plate Reader System Act."
48 Section 2. Section 41-6a-2002 is enacted to read:
49 41-6a-2002. Definitions.
50 As used in this section:
51 (1) "Automatic license plate reader system" means a system of one or more mobile or
52 fixed automated high-speed cameras used in combination with computer algorithms to convert
53 an image of a license plate into computer-readable data.
54 (2) "Captured plate data" means the global positioning system coordinates, date and
55 time, photograph, license plate number, and any other data captured by or derived from an
56 automatic license plate reader system.
57 (3) "Governmental entity" has the same meaning as defined in Section 63G-2-103 .
58 (4) "Secured area" means an area, enclosed by clear boundaries, to which access is
59 limited and not open to the public and entry is only obtainable through specific access-control
60 points.
61 Section 3. Section 41-6a-2003 is enacted to read:
62 41-6a-2003. Automatic license plate reader systems -- Restrictions.
63 (1) Except as provided in Subsection (2), a person or governmental entity may not use
64 an automatic license plate reader system.
65 (2) An automatic license plate reader system may be used:
66 (a) by a law enforcement agency for the purpose of protecting public safety, conducting
67 criminal investigations, or ensuring compliance with local, state, and federal laws;
68 (b) by a parking enforcement entity for regulating the use of a parking facility;
69 (c) for the purpose of controlling access to a secured area; or
70 (d) for the purpose of collecting an electronic toll.
71 Section 4. Section 41-6a-2004 is enacted to read:
72 41-6a-2004. Captured plate data -- Preservation and disclosure.
73 (1) Captured plate data obtained for the purposes described in Section 41-6a-2003 :
74 (a) in accordance with Section 63G-2-302 , is a private record under Title 63G, Chapter
75 2, Government Records Access and Management Act;
76 (b) may not be used or shared for any purpose other than the purposes described in
77 Section 41-6a-2003 ;
78 (c) may not be preserved for more than six months except pursuant to:
79 (i) a preservation request under Section 41-6a-2005 ;
80 (ii) a disclosure order under Subsection 41-6a-2005 (2); or
81 (iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent
82 federal warrant; and
83 (d) may only be disclosed:
84 (i) in accordance with the disclosure requirements for a private record under Section
85 63G-2-202 ;
86 (ii) pursuant to a disclosure order under Subsection 41-6a-2005 (2); or
87 (iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
88 equivalent federal warrant.
89 (2) A person or governmental entity that is authorized to use an automatic license plate
90 reader system under this part may not sell, trade, or exchange captured plate data for any
91 purpose.
92 Section 5. Section 41-6a-2005 is enacted to read:
93 41-6a-2005. Preservation request.
94 (1) A person or governmental entity using an automatic license plate reader system
95 shall take all steps necessary to preserve captured plate data in its possession for 14 days
96 pending the issuance of a court order requiring the disclosure of the captured plate data if a
97 governmental entity requesting the captured plate data submits a written statement to the
98 person or governmental entity using an automatic license plate reader system:
99 (a) requesting the person or governmental entity to preserve the captured plate data;
100 (b) identifying:
101 (i) the camera or cameras for which captured plate data shall be preserved;
102 (ii) the license plate for which captured plate data shall be preserved; or
103 (iii) the dates and time frames for which captured plate data shall be preserved; and
104 (c) notifying the person or governmental entity maintaining the captured plate data that
105 the governmental entity is applying for a court order for disclosure of the captured plate data.
106 (2) (a) A governmental entity may apply for a court order for the disclosure of captured
107 plate data.
108 (b) A court that is a court of competent jurisdiction shall issue a court order requiring
109 the disclosure of captured plate data if the governmental entity offers specific and articulable
110 facts showing that there are reasonable grounds to believe that the captured plate data is
111 relevant and material to an ongoing criminal or missing person investigation.
112 (3) Captured plate data shall be destroyed if the application for an order under
113 Subsection (2) is denied, or at the end of 14 days, whichever is later.
114 Section 6. Section 41-6a-2006 is enacted to read:
115 41-6a-2006. Penalties.
116 A person who violates a provision under this part is guilty of a class C misdemeanor.
117 Section 7. Section 63G-2-302 is amended to read:
118 63G-2-302. Private records.
119 (1) The following records are private:
120 (a) records concerning an individual's eligibility for unemployment insurance benefits,
121 social services, welfare benefits, or the determination of benefit levels;
122 (b) records containing data on individuals describing medical history, diagnosis,
123 condition, treatment, evaluation, or similar medical data;
124 (c) records of publicly funded libraries that when examined alone or with other records
125 identify a patron;
126 (d) records received by or generated by or for:
127 (i) the Independent Legislative Ethics Commission, except for:
128 (A) the commission's summary data report that is required under legislative rule; and
129 (B) any other document that is classified as public under legislative rule; or
130 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
131 unless the record is classified as public under legislative rule;
132 (e) records received or generated for a Senate confirmation committee concerning
133 character, professional competence, or physical or mental health of an individual:
134 (i) if prior to the meeting, the chair of the committee determines release of the records:
135 (A) reasonably could be expected to interfere with the investigation undertaken by the
136 committee; or
137 (B) would create a danger of depriving a person of a right to a fair proceeding or
138 impartial hearing; and
139 (ii) after the meeting, if the meeting was closed to the public;
140 (f) employment records concerning a current or former employee of, or applicant for
141 employment with, a governmental entity that would disclose that individual's home address,
142 home telephone number, Social Security number, insurance coverage, marital status, or payroll
143 deductions;
144 (g) records or parts of records under Section 63G-2-303 that a current or former
145 employee identifies as private according to the requirements of that section;
146 (h) that part of a record indicating a person's Social Security number or federal
147 employer identification number if provided under Section 31A-23a-104 , 31A-25-202 ,
148 31A-26-202 , 58-1-301 , 58-55-302 , 61-1-4 , or 61-2f-203 ;
149 (i) that part of a voter registration record identifying a voter's:
150 (i) driver license or identification card number;
151 (ii) Social Security number, or last four digits of the Social Security number; or
152 (iii) email address;
153 (j) a record that:
154 (i) contains information about an individual;
155 (ii) is voluntarily provided by the individual; and
156 (iii) goes into an electronic database that:
157 (A) is designated by and administered under the authority of the Chief Information
158 Officer; and
159 (B) acts as a repository of information about the individual that can be electronically
160 retrieved and used to facilitate the individual's online interaction with a state agency;
161 (k) information provided to the Commissioner of Insurance under:
162 (i) Subsection 31A-23a-115 (2)(a);
163 (ii) Subsection 31A-23a-302 (3); or
164 (iii) Subsection 31A-26-210 (3);
165 (l) information obtained through a criminal background check under Title 11, Chapter
166 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
167 (m) information provided by an offender that is:
168 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
169 Offender Registry; and
170 (ii) not required to be made available to the public under Subsection 77-41-110 (4);
171 (n) a statement and any supporting documentation filed with the attorney general in
172 accordance with Section 34-45-107 , if the federal law or action supporting the filing involves
173 homeland security;
174 (o) electronic toll collection customer account information received or collected under
175 Section 72-6-118 , including contact and payment information and customer travel data;
176 (p) an email address provided by a military or overseas voter under Section
177 20A-16-501 ;
178 (q) a completed military-overseas ballot that is electronically transmitted under Title
179 20A, Chapter 16, Uniform Military and Overseas Voters Act; [
180 (r) records received by or generated by or for the Political Subdivisions Ethics Review
181 Commission established in Section 11-49-201 , except for:
182 (i) the commission's summary data report that is required in Section 11-49-202 ; and
183 (ii) any other document that is classified as public in accordance with Title 11, Chapter
184 49, Political Subdivisions Ethics Review Commission[
185 (s) captured plate data that is obtained through an automatic license plate reader system
186 used by a governmental entity as authorized in Section 41-6a-2003 .
187 (2) The following records are private if properly classified by a governmental entity:
188 (a) records concerning a current or former employee of, or applicant for employment
189 with a governmental entity, including performance evaluations and personal status information
190 such as race, religion, or disabilities, but not including records that are public under Subsection
191 63G-2-301 (2)(b) or 63G-2-301 (3)(o), or private under Subsection (1)(b);
192 (b) records describing an individual's finances, except that the following are public:
193 (i) records described in Subsection 63G-2-301 (2);
194 (ii) information provided to the governmental entity for the purpose of complying with
195 a financial assurance requirement; or
196 (iii) records that must be disclosed in accordance with another statute;
197 (c) records of independent state agencies if the disclosure of those records would
198 conflict with the fiduciary obligations of the agency;
199 (d) other records containing data on individuals the disclosure of which constitutes a
200 clearly unwarranted invasion of personal privacy;
201 (e) records provided by the United States or by a government entity outside the state
202 that are given with the requirement that the records be managed as private records, if the
203 providing entity states in writing that the record would not be subject to public disclosure if
204 retained by it; and
205 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
206 created in Section 62A-3-102 , that may disclose, or lead to the discovery of, the identity of a
207 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult.
208 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
209 records, statements, history, diagnosis, condition, treatment, and evaluation.
210 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
211 doctors, or affiliated entities are not private records or controlled records under Section
212 63G-2-304 when the records are sought:
213 (i) in connection with any legal or administrative proceeding in which the patient's
214 physical, mental, or emotional condition is an element of any claim or defense; or
215 (ii) after a patient's death, in any legal or administrative proceeding in which any party
216 relies upon the condition as an element of the claim or defense.
217 (c) Medical records are subject to production in a legal or administrative proceeding
218 according to state or federal statutes or rules of procedure and evidence as if the medical
219 records were in the possession of a nongovernmental medical care provider.
Legislative Review Note
as of 2-13-13 2:11 PM