HB210 By Representative Hall RFD Public Safety and Homeland Security Rd 1 11-FEB-16

SYNOPSIS: Under existing law, law enforcement agencies of the state and subdivisions of the state are not prohibited from using license plate scanners to determine the ownership of a motor vehicle, the mileage or route traveled by a motor vehicle, the location or identity of a motor vehicle, or the identity of the occupants of the motor vehicle on public highways.

This bill would prohibit state agencies and subdivisions of the state from using license plate scanners on public highways and would provide limited exceptions for the Department of Transportation, the Alabama Law Enforcement Agency, counties, and municipalities.

This bill would also provide for the confidentially of information collected and would provide for the destruction of the information after a specified time frame.

A BILL TO BE ENTITLED AN ACT

Relating to license plate scanners; to prohibit state agencies and subdivisions of the state from using license plate scanners on public highways; to provide limited exceptions for the Department of Transportation, the Alabama Law Enforcement Agency, counties, and municipalities; to provide for the confidentially of information collected; and to provide for the destruction of information collected.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For the purposes of this section, the following terms shall have the following meanings:

(1) LICENSE PLATE SCANNER. A device, used by itself or in conjunction with another device, that is principally designed and primarily used for determining the ownership of a motor vehicle, the mileage or route traveled by a motor vehicle, the location or identity of a motor vehicle, or the identity of the occupants of the motor vehicle on public highways through the use of a camera or other imaging device, including, but not limited to, a transponder, cellular telephone, global positioning satellite, automated license plate recognition system, or radio frequency device.

(2) STATE AGENCY. An agency, department, bureau, commission, authority, or other entity of state government.

(b)(1) Except as provided in subdivision (2), a state agency or any subdivision of the state, either directly or indirectly, may not use a license plate scanner on any public highway.

(2)a. The Department of Transportation or a municipality or county may use a license plate scanner to do the following:

1. Collect data for planning. The department, municipality, or county shall ensure and maintain the anonymity of the vehicle, the vehicle owner, the driver of the vehicle, and any passengers in the vehicle. Data collected under this subparagraph without a search warrant or outside judicially recognized exceptions to search warrant requirements may not be used to investigate or prosecute an individual or be submitted as evidence against the individual in court.

2. Regulate a parking system to identify a vehicle's location and license plate number to enforce parking restrictions.

b. The Department of Transportation or the Alabama Law Enforcement Agency may use a license plate scanner to enforce laws governing the safety, licensing, registration, weight, height, length, width, or apportioning of commercial motor vehicles as provided in Chapter 9A, Title 32, Code of Alabama 1975.

c. This section does not prohibit a county or city board of education from using electronic devices to detect school bus violations.

(c)(1) The information collected or stored in any database under subsection (b) is not a public record and is not subject to public disclosure under Section 36-12-40, Code of Alabama 1975.

(2) The information shall be maintained only for the time minimally necessary, but no more than one year, after which the information shall be destroyed.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Surveillance

State Agencies

Counties

Municipalities

Motor Vehicles

Licenses and Licensing

Transportation Department

Law Enforcement Agencies