Bills around country tackle license plate readers

The use of automated license plate readers is an issue being addressed at statehouses across the country. The devices typically are mounted on police vehicles, road signs, traffic lights, bridges or buildings.

High-tech cameras to capture the date, time and location that scanned vehicles passed are used in some capacity by local and state police departments and other state and federal agencies across the country. Private business, such as repossession companies and vehicle insurance companies, also use the technology that can capture nearly 2,000 images per minute.

A 2024 Congressional report stated that license plate readers “are now relatively commonplace in policing.”

Arkansas

Arkansas Gov. Sarah Huckabee Sanders signed into law a bill to revise rules in the state for the use of license plate readers.

State, county and local law enforcement have been enabled to use readers. Parking enforcement entities also are permitted to use the devices.

Private use of readers is prohibited, with limited exceptions.

Previously SB446, the new law amends statute to permit entities that include private landowners and commercial businesses access to the devices.

Sen. Ben Gilmore, R-Crossett, said the rule change 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.

Virginia

A Virginia rule revision for the use of license plate readers is nearing decision time by the governor.

Multiple local law enforcement agencies in the state use plate readers, but statute does not regulate their use.

State lawmakers sent a bill to Gov. Glenn Youngkin to adopt rules for use of the devices.

HB2724 defines who can use camera data and how they can use the information. 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.

As sent to the governor, the license plate readers bill 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, Youngkin must decide whether to sign, veto or allow the unchanged bill to become law without his signature.

Idaho

Idaho is another state with a new law that focuses on data access and control of license plate readers.

The new law is intended to more clearly define the use of readers for law enforcement. Specifically, agencies soon will be permitted to use the devices to collect data for law enforcement purposes and/or for traffic flow analysis.

The devices will be prohibited for non-law enforcement purposes.

Effective July 1, agencies that use the technology are required to provide training on proper use of the devices and compliance with rules.

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.

Both bills are in committee in their originating chamber.

South Carolina

Multiple South Carolina bills in committee would clarify who and where license plate readers can be used for enforcement purposes.

H4013 and S447 explicitly permit use of the devices by law enforcement and government entities.

In addition to locating wanted vehicles, uses of the devices listed in the legislation include regulating parking, controlling access to secure areas, collecting tolls and providing “for the efficient and safe movement of vehicles on state highways.”

The South Carolina Department of Transportation would be responsible for setting up a permitting process for the installation of cameras on non-interstate highway rights of way.

As a result of the legislation, the highway department announced it has paused installation of the devices on state roads. The agency is awaiting the outcome of the legislation.

Texas

In Texas, one House 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 for 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.

Missouri and Nebraska bills fall short

Failed bills in Missouri and Nebraska went in opposite directions on the use of license plate readers.

Multiple Missouri bills sought to forbid counties, cities, towns, villages, municipalities and state agencies from posting the devices on any public roadway. License plate readers affixed to law enforcement would not have been affected by the rule.

Agencies would have been prohibited from accessing or using any data captured by third parties.

Nebraska law permits government entities to use the technology only to identify vehicles associated with a missing person, registered to someone with an outstanding warrant, relevant to an ongoing criminal investigation or reported as stolen.

Additionally, parking enforcement agencies are permitted to use the devices to track outstanding parking or traffic violations, assist weigh stations or collect tolls.

One bill called for expanding authorization to include use at red lights. LL