SB 1087 Enacts provisions relating to automated license plate reader systems
Sponsor: Rowden
LR Number: 6795S.01I Fiscal Notes
Committee: Transportation, Infrastructure and Public Safety
Last Action: 3/29/2018 - Second Read and Referred S Transportation, Infrastructure and Public Safety Committee Journal Page: S808
Title: Calendar Position:
Effective Date: August 28, 2018

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Current Bill Summary

SB 1087 - This act specifies that government entities may establish and operate automated license plate reader systems ("ALPRs") approved by the Department of Public Safety. ALPRs and other electronic devices authorized under the act may be installed and used on the right of way of all public highways in the state. (Section 590.1110)

The act allows the Department of Public Safety to enter into memorandums of understanding with political subdivisions for the use of ALPRs by law enforcement on public highways within the state. The memorandum shall contain detailed instructions on the use of ALPRs and provisions regarding data retention. (Section 590.1115)

Except as otherwise specified in the act, no ALPR shall be installed or operated on a state highway system right of way unless a permit has been issued by MODOT and the permit is still valid. MODOT shall have the sole discretion to determine whether and where ALPRs will be installed and operated on state highway system rights of way, and shall not pay any costs arising from a government entity's purchase, installation, use, or removal of such systems. No government entity shall allow a transfer of captured license plate data to the federal government except as expressly provided by law. Government entities responsible for ALPRs shall maintain reasonable security practices and procedures to safeguard captured plate data. (Section 590.1120)

Government entities responsible for ALPRs shall publish and distribute policies applicable to the use of such systems, including limiting who may access captured plate data, specifying the purposes for which captured plate data may be used, and requiring that the captured plate data be destroyed after one year unless a government entity files a preservation request as specified in the act. Captured plate data shall also be destroyed following certain investigations and civil or criminal actions. Captured plate data and evidence derived from it shall not be used as evidence in legal proceedings if disclosure would violate these provisions. (Section 590.1130)

This act also creates the offense of misuse of license plate reader information, a class E felony. (Section 590.1135)

The Department of Public Safety shall promulgate rules for the implementation of the act, to be published on the Department's official website. (Section 590.1140)

After the Department of Public safety promulgates rules under the act, government entities desiring to install fixed ALPRs shall submit permit applications prior to purchase or installation. The requesting entities shall not purchase, install or operate fixed ALPRs until their permits are approved. Government entities operating fixed ALPRs prior to the rules being promulgated shall submit permit applications to the Department within 30 days after the rules are promulgated. If a permit is denied, the government entity shall remove the ALPR at its own expense, but may continue to operate it pending final adjudication of the application. Permit applications shall include a justification for the installation of the ALPR, and government entities operating ALPRs shall make their permit applications available upon request. The Department of Public Safety shall approve or deny permit applications no later than 30 days after the date the application is received. (Section 590.1150).

This act is similar to SB 85 (2017), SB 1040 (2016) and SS/SCS/SB 599 (2014).