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SB 85 - This act restricts the storage of data collected through automated license plate reader systems by government entities to 30 days after capture. Entities in possession of the data must purge all records and backup copies of the data at the end of the 30 day period unless the data is subject to a preservation request for an active criminal investigation or court proceeding, is kept pursuant to a one year limited published law enforcement organization policy restricting data to detectives or system auditors after the initial 30 days, or pursuant to a warrant. Under this act, the sharing of captured plate data with federal government entities is restricted. The use of any data or evidence derived from automated license plate reader systems preserved in violation of this section cannot be received into evidence in any proceeding. This act also creates a Class E felony for misuse of license plate reader information collected by a government entity. Government entities seeking to install automated license plate reader systems must apply for approval from the Department of Public Safety. This act requires the department to promulgate a rule establishing a standard for the installation of the systems by August 28, 2018. This act is similar to SB 1040 (2016) and SS/SCS/SB 599 (2014). ERIC VANDER WEERD
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