Current LPR Legislation To Keep An Eye On

State legislators across the country are considering new laws to address privacy concerns surrounding automated license plate readers (ALPRs). These high-tech cameras, which track the date, time, and location of scanned vehicles, are widely used by law enforcement agencies and private businesses, including repossession companies like yours.

Currently, about 600 local and state police departments, along with other government agencies, utilize ALPR technology. Private businesses, including insurance companies and repossession professionals, also rely on this tool to efficiently locate vehicles. These cameras can capture up to 1,800 images per minute, making them invaluable in our industry.

However, the technology isn’t perfect. Factors like poor lighting, bad weather, and even dirt on a plate can lead to inaccurate matches. Critics argue that ALPR use constitutes warrantless surveillance, while supporters maintain that the technology is not intended to infringe on personal privacy.

The legal landscape for ALPR use varies by state. According to the National Conference of State Legislatures, at least 16 states have regulations on ALPRs. Some states limit how long data can be retained, while others restrict government use.

Here’s a look at some recent legislative activity:

Virginia

The Virginia House recently advanced a bill (HB2724) to regulate ALPR use. Many local law enforcement agencies already use the technology, but there are currently no laws governing it.

The bill defines how ALPR data can be used, covering situations like active criminal investigations, human trafficking cases, and tracking stolen vehicles. It also authorizes Virginia State Police to install cameras on highways, bridges, and tunnels, with a 30-day data retention limit. The bill now moves to the Senate.

South Carolina

State lawmakers are considering new regulations on ALPRs, including their use at weigh stations. Sen. Todd Rutherford (D-Richland) introduced H3155, which would limit ALPR use to law enforcement and designate where the systems can be installed.

The bill also permits the South Carolina Department of Public Safety and Department of Transportation to use ALPRs for verifying vehicle registration and compliance. At weigh stations, cameras would need to be installed at entrance ramps. Data could be stored for up to 90 days.

Oklahoma

Oklahoma allows ALPR use for insurance enforcement, flagging uninsured drivers. Since 2017, law enforcement agencies have used ALPR data to compare license plates with insurance records and notify violators.

A new Senate bill (SB857) would establish specific protocols for law enforcement use, including a requirement for visual confirmation of alerts before traffic stops. Data retention would be limited to 30 days, and agencies would be prohibited from selling the data. A nearly identical House bill, HB1626, has also been introduced.

Rep. Tom Gann (R-Inola) has raised concerns that some local governments have contracted with Flock Safety to install ALPR cameras, potentially violating state law. These cameras can capture details such as vehicle make, model, color, and even bumper stickers.

Nebraska

A new bill in Nebraska (LB616) would expand the use of ALPRs to include red-light enforcement.

Currently, ALPRs can only be used to track missing persons, enforce warrants, investigate crimes, and monitor parking or toll violations. Captured data must be purged within 180 days unless linked to an active case. The new proposal would allow ALPRs to be used at red lights, with violators facing fines or mandatory safety training.

Missouri

Two bills (HB658 and SB540) would outright ban ALPRs in Missouri. These measures would prohibit government agencies from installing ALPRs on public roads and from accessing third-party ALPR data.

One exception would allow law enforcement vehicles to retain onboard ALPRs. Additionally, both bills propose a statewide ban on red-light cameras.

New Mexico

A proposal in New Mexico (HB127) seeks $1 million in state funding to purchase additional ALPRs for the New Mexico State Police.

Currently, State Police have 88 ALPR systems, and the funding would add 24 more. The bill aims to enhance public safety by improving law enforcement’s ability to monitor and track vehicles. The House Judiciary Committee has advanced the bill for further consideration.

Texas

Texas lawmakers are considering a bill (HB2083) that would regulate ALPR use across the state.

The bill allows state agencies to use both mobile and fixed ALPR cameras for criminal investigations, tracking uninsured or unregistered vehicles, locating stolen vehicles, and enforcing tolls or parking laws.

One key provision requires that data on vehicles not linked to an active investigation or violation be deleted within 48 hours.