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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the use of license plate reading technology and
10 data obtained through license plate reading technology.
11 Highlighted Provisions:
12 This bill:
13 ▸ allows a law enforcement agency to use license plate reading technology gathered
14 by a private entity in certain circumstances;
15 ▸ allows the Department of Transportation to issue a permit for the use of license
16 plate reading technology on a state highway in certain circumstances;
17 ▸ requires a law enforcement agency participating in a license plate reading
18 technology program to publicly post policies related to license plate reading
19 technology and special use permits the law enforcement agency has received;
20 ▸ defines parameters for the collection and retention of information for investigative
21 searches and for audit purposes gathered through license plate reading technology
22 by a law enforcement agency; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 41-6a-2003, as last amended by Laws of Utah 2022, Chapter 82
31 41-6a-2005, as last amended by Laws of Utah 2014, Chapter 276
32 41-6a-2006, as enacted by Laws of Utah 2013, Chapter 447
33 72-1-212, as enacted by Laws of Utah 2015, Chapter 267
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-6a-2003 is amended to read:
37 41-6a-2003. Automatic license plate reader systems -- Restrictions.
38 (1) Except as provided in Subsection (2), a governmental entity may not use an
39 automatic license plate reader system.
40 (2) [
41 used:
42 (a) by a law enforcement agency for the purpose of protecting public safety, conducting
43 criminal investigations, or ensuring compliance with local, state, and federal laws;
44 (b) by a governmental parking enforcement entity for the purpose of enforcing state
45 and local parking laws;
46 (c) by a parking enforcement entity for regulating the use of a parking facility;
47 (d) for the purpose of controlling access to a secured area;
48 (e) for the purpose of collecting an electronic toll;
49 (f) for the purpose of enforcing motor carrier laws;
50 (g) by a public transit district for the purpose of assessing parking needs and
51 conducting a travel pattern analysis;
52 (h) by an institution of higher education within the state system of higher education as
53 described in Section 53B-1-102:
54 (i) for a purpose described in Subsections (2)(a) through (d); or
55 (ii) if the data collected is anonymized, for research and educational purposes; or
56 (i) by the Utah Inland Port Authority, created in Section 11-58-201, or by a contractor
57 of the Utah Inland Port Authority with the approval of the board of the Utah Inland Port
58 Authority, if:
59 (i) the automatic license plate reader system is used only within a project area, as
60 defined in Section 11-58-102, of the Utah Inland Port Authority;
61 (ii) the purpose of using the automatic license plate reader system is to improve supply
62 chain efficiency or the efficiency of the movement of goods by analyzing and researching data
63 related to commercial vehicle traffic; and
64 (iii) specific license plate information is anonymized.
65 (3) A law enforcement agency using a license plate reader system in accordance with
66 Subsection (2) may not use an automatic license plate reader system unless:
67 (a) the law enforcement agency has a written policy regarding the use, management,
68 and auditing of the automatic license plate reader system;
69 (b) for any stationary device installed with the purpose of capturing license plate data
70 of vehicles traveling on a state highway, the law enforcement agency obtains a special use
71 permit as described in Section 72-1-212 from the Department of Transportation before
72 installing the device; and
73 (c) the policy under Subsection (3)(a) and any special use permits granted in
74 accordance with Subsection (3)(b) are:
75 (i) posted and publicly available on the appropriate city, county, or state website; or
76 (ii) posted on the Utah Public Notice Website created in Section 63A-16-601 if the law
77 enforcement agency does not have access to a website under Subsection (3)(c)(i).
78 Section 2. Section 41-6a-2005 is amended to read:
79 41-6a-2005. Preservation request.
80 (1) A person or governmental entity using an automatic license plate reader system
81 shall take all steps necessary to preserve captured plate data in its possession for 14 days after
82 the date the data is captured pending the issuance of a court order requiring the disclosure of
83 the captured plate data if a governmental entity or defendant in a criminal case requesting the
84 captured plate data submits a written statement to the person or governmental entity using an
85 automatic license plate reader system:
86 (a) requesting the person or governmental entity to preserve the captured plate data;
87 (b) identifying:
88 (i) the camera or cameras for which captured plate data shall be preserved;
89 (ii) the license plate for which captured plate data shall be preserved; or
90 (iii) the dates and time frames for which captured plate data shall be preserved; and
91 (c) notifying the person or governmental entity maintaining the captured plate data that
92 the governmental entity or defendant in a criminal case is applying for a court order for
93 disclosure of the captured plate data.
94 (2) (a) A governmental entity or defendant in a criminal case may apply for a court
95 order for the disclosure of captured plate data possessed by a governmental entity.
96 (b) A court that is a court of competent jurisdiction shall issue a court order requiring
97 the disclosure of captured plate data if the governmental entity or defendant in a criminal case
98 offers specific and articulable facts showing that there are reasonable grounds to believe that
99 the captured plate data is relevant and material to an ongoing criminal or missing person
100 investigation.
101 (3) Captured plate data that is the subject of an application for a disclosure order under
102 Subsection (2) may be destroyed at the later of:
103 (a) the date that an application for an order under Subsection (2) is denied and any
104 appeal exhausted;
105 (b) the end of 14 days, if the person or governmental entity does not otherwise preserve
106 the captured plate data; or
107 (c) the end of the period described in Subsection 41-6a-2004(1)(c).
108 (4) Notwithstanding Subsection (2), a governmental entity may enter into a
109 memorandum of understanding with another governmental entity to share access to an
110 automatic license plate reader system or captured license plate data otherwise authorized by
111 this part.
112 [
113 plate data only[
114 (b) A governmental entity shall maintain and dispose of any captured license plate data
115 as provided in this part.
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121 (6) (a) A law enforcement agency shall preserve a record of:
122 (i) the number of times a search of captured license plate data is conducted by the
123 agency, or the agency's employees or agents; and
124 (ii) the crime type and incident number associated with each search of captured license
125 plate data.
126 (b) A law enforcement agency shall preserve a record identified in Subsection (6)(a)
127 for at least five years.
128 Section 3. Section 41-6a-2006 is amended to read:
129 41-6a-2006. Penalties.
130 A person who [
131 or discloses captured license plate data in violation of this part is guilty of a class B
132 misdemeanor.
133 Section 4. Section 72-1-212 is amended to read:
134 72-1-212. Special use permitting -- Rulemaking.
135 [
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137 (1) As used in this section:
138 (a) "Law enforcement agency" means the same as that term is defined in Section
139 53-3-102.
140 (b) "Special use permit" means a permit issued:
141 (i) for a special use or a special event that takes place on a highway; or
142 (ii) to a law enforcement agency to install any stationary device with the purpose of
143 capturing license plate data of vehicles traveling on a state highway regardless of whether the
144 device is installed on property owned by the department or the law enforcement agency.
145 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
146 in consultation with representatives of the Utah League of Cities and Towns and the Utah
147 Association of Counties, the department shall make rules that are not inconsistent with this
148 chapter or the constitution and laws of this state or of the United States governing the issuance
149 of a special use permit to maintain public safety and serve the needs of the traveling public.
150 (3) The rules described in Subsection (2) may:
151 (a) establish the highways for which the highest number of special use permits are
152 issued;
153 (b) develop, in consultation with municipalities, a limit on the number of special use
154 permits that may be issued in any calendar year on a particular highway;
155 (c) require a person to submit an application designated by the department before the
156 department issues a special use permit;
157 (d) limit the number of special use permits issued on any one day for any specified
158 location based on a first-come, first-served basis for completed applications;
159 (e) establish criteria for evaluating completed applications, such as historic use,
160 potential economic benefit, or other relevant factors;
161 (f) specify conditions that are required to be met before a special use permit may be
162 issued;
163 (g) establish a penalty for failure to fulfill conditions required by the special use permit,
164 including suspension of the special use permit or suspension of a future special use permit;
165 (h) require an applicant to obtain insurance for certain special uses or special events; or
166 (i) provide other requirements to maintain public safety and serve the needs of the
167 traveling public.
168 (4) The limit on the number of special use permits described in Subsection (3)(b) may
169 not include:
170 (a) a special use permit issued for a municipality-sponsored special use or special
171 event on a highway within the jurisdiction of the municipality[
172 (b) a special use permit issued to a law enforcement agency to install a device as part of
173 an automatic license plate reader system authorized by Section 41-6a-2003.
174 (5) The rules described in Subsection (2) shall consider:
175 (a) traveler safety and mobility;
176 (b) the safety of special use or special event participants;
177 (c) emergency access;
178 (d) the mobility of residents close to the event or use;
179 (e) access and economic impact to businesses affected by changes to the normal
180 operation of highway traffic; [
181 (f) past performance of an applicant's adherence to special use permit requirements[
182 and
183 (g) whether a law enforcement agency applying for a special use permit has published a
184 policy online as required by Section 41-6a-2003.
185 (6) Notwithstanding any other provision of this chapter, the department may require a
186 law enforcement agency applying for a special use permit described in this section to obtain an
187 encroachment permit.
188 [
189 63J-1-504 that reflects the cost of services provided by the department associated with special
190 use permits and with special uses or special events that take place on a highway.
191 (8) For a device installed in accordance with Section 41-6a-2003, the installation,
192 maintenance, data retrieved, and removal are the responsibility of the law enforcement agency
193 that obtains the special use permit.