Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 250 Second Substitute (2023GS)

Sponsor

Sen. McCay, D.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows a law enforcement agency to use license plate reading technology gathered by a private entity in certain circumstances;
• allows the Department of Transportation to issue a permit for the use of license plate reading technology on a state highway in certain circumstances;
• requires a law enforcement agency participating in a license plate reading technology program to publicly post policies related to license plate reading technology and special use permits the law enforcement agency has received;
• defines parameters for the collection and retention of information for investigative searches and for audit purposes gathered through license plate reading technology by a law enforcement agency; and
• makes technical changes.

Every vote on this bill

Bill text

PUBLIC SURVEILLANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: 
Ryan D. Wilcox
LONG TITLE
General Description:
This bill modifies provisions related to government surveillance.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ allows a law enforcement agency to use license plate reading technology gathered
by a private entity in certain circumstances;
▸ allows the Department of Transportation to issue a permit for the use of license
plate reading technology on a state highway in certain circumstances;
▸ requires a law enforcement agency participating in a license plate reading
technology program to publicly post policies related to license plate reading
technology and special use permits the law enforcement agency has received;
▸ defines parameters for the collection and retention of information for investigative
searches and for audit purposes gathered through license plate reading technology
by a law enforcement agency; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-2002
, as last amended by Laws of Utah 2020, Chapter 365
41-6a-2003
, as last amended by Laws of Utah 2022, Chapter 82
41-6a-2004
, as last amended by Laws of Utah 2018, Chapter 269
41-6a-2005
, as last amended by Laws of Utah 2014, Chapter 276
41-6a-2006
, as enacted by Laws of Utah 2013, Chapter 447
72-1-212
, as enacted by Laws of Utah 2015, Chapter 267
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-2002
 is amended to read:
41-6a-2002.
Definitions.
As used in this [
section
] 
chapter
:
(1) "Automatic license plate reader system" means a system of one or more mobile or
fixed automated high-speed cameras used in combination with computer algorithms to convert
an image of a license plate into computer-readable data.
(2) "Captured plate data" means the global positioning system coordinates, date and
time, photograph, license plate number, and any other data captured by or derived from an
automatic license plate reader system.
(3) (a) "Governmental entity" means:
(i) executive department agencies of the state;
(ii) the offices of the governor, the lieutenant governor, the state auditor, the attorney
general, and the state treasurer;
(iii) the Board of Pardons and Parole;
(iv) the Board of Examiners;
(v) the National Guard;
(vi) the Career Service Review Office;
(vii) the State Board of Education;
(viii) the Utah Board of Higher Education;
(ix) the State Archives;
(x) the Office of the Legislative Auditor General;
(xi) the Office of the Legislative Fiscal Analyst;
(xii) the Office of Legislative Research and General Counsel;
(xiii) the Legislature;
(xiv) legislative committees, except any political party, group, caucus, or rules or
sifting committee of the Legislature;
(xv) courts, the Judicial Council, the Administrative Office of the Courts, and similar
administrative units in the judicial branch;
(xvi) any state-funded institution of higher education or public education; [
or
]
(xvii) any political subdivision of the state[
.
]
; or
(xviii) a law enforcement agency.
(b) "Governmental entity" includes:
(i) every office, agency, board, bureau, committee, department, advisory board, or
commission of an entity listed in Subsections (3)(a)(i) through [
(xvii)
] 
(xviii)
 that is funded or
established by the government to carry out the public's business; or
(ii) a person acting as an agent of a governmental entity or acting on behalf of a
governmental entity.
(4) "Nongovernmental entity" means a person that is not a governmental entity.
[
(4)
] 
(5)
 "Secured area" means an area, enclosed by clear boundaries, to which access
is limited and not open to the public and entry is only obtainable through specific
access-control points.
Section 2. Section 
41-6a-2003
 is amended to read:
41-6a-2003.
Automatic license plate reader systems -- Restrictions.
(1) Except as provided in Subsection (2), a governmental entity may not use an
automatic license plate reader system.
(2) [
An
] 
Subject to Subsection (3), an
 automatic license plate reader system may be
used:
(a) by a law enforcement agency
:
 [
for the purpose of protecting public safety,
conducting criminal investigations, or ensuring compliance with local, state, and federal laws;
]
(i) as part of an active criminal investigation;
(ii) to apprehend an individual with an outstanding warrant;
(iii) to locate a missing or endangered person; or
(iv) to locate a stolen vehicle;
(b) by a governmental parking enforcement entity for the purpose of enforcing state
and local parking laws;
(c) by a parking enforcement entity for regulating the use of a parking facility;
(d) for the purpose of controlling access to a secured area;
(e) for the purpose of collecting an electronic toll;
(f) for the purpose of enforcing motor carrier laws;
(g) by a public transit district for the purpose of assessing parking needs and
conducting a travel pattern analysis;
(h) by an institution of higher education within the state system of higher education as
described in Section 
53B-1-102
:
(i) for a purpose described in Subsections (2)(a) through (d); or
(ii) if the data collected is anonymized, for research and educational purposes; [
or
]
(i) by the Utah Inland Port Authority, created in Section 
11-58-201
, or by a contractor
of the Utah Inland Port Authority with the approval of the board of the Utah Inland Port
Authority, if:
(i) the automatic license plate reader system is used only within a project area, as
defined in Section 
11-58-102
, of the Utah Inland Port Authority;
(ii) the purpose of using the automatic license plate reader system is to improve supply
chain efficiency or the efficiency of the movement of goods by analyzing and researching data
related to commercial vehicle traffic; and
(iii) specific license plate information is anonymized[
.
]
; or
(j) by an international airport owned by a governmental entity for the purpose of
promoting efficient regulation and implementation of traffic control and direction, parking,
security, and other similar operational objectives on the airport campus.
(3) A law enforcement agency may not use an automatic license plate reader system
unless:
(a) the law enforcement agency has a written policy regarding the use, management,
and auditing of the automatic license plate reader system;
(b) for any stationary device installed with the purpose of capturing license plate data
of vehicles traveling on a state highway, the law enforcement agency obtains a special use
permit as described in Section 
72-1-212
 from the Department of Transportation before
installing the device; and
(c) the policy under Subsection (3)(a) and any special use permits granted in
accordance with Subsection (3)(b) are:
(i) posted and publicly available on the appropriate city, county, or state website; or
(ii) posted on the Utah Public Notice Website created in Section 
63A-16-601
 if the law
enforcement agency does not have access to a website under Subsection (3)(c)(i).
Section 3. Section 
41-6a-2004
 is amended to read:
41-6a-2004.
Captured plate data -- Preservation and disclosure.
(1) Captured plate data obtained for the purposes described in Section 
41-6a-2003
:
(a) in accordance with Section 
63G-2-305
, is a protected record under Title 63G,
Chapter 2, Government Records Access and Management Act, if the captured plate data is
maintained by a governmental entity;
(b) may not be used or shared for any purpose other than the purposes described in
Section 
41-6a-2003
;
(c) except as provided in Subsection (3), may not be preserved for more than nine
months by a governmental entity except pursuant to:
(i) a preservation request under Section 
41-6a-2005
;
(ii) a disclosure order under Subsection 
41-6a-2005
(2); or
(iii) a warrant issued under the Utah Rules of Criminal Procedure or an equivalent
federal warrant; and
(d) may only be disclosed:
(i) in accordance with the disclosure requirements for a protected record under Section
63G-2-202
;
(ii) pursuant to a disclosure order under Subsection 
41-6a-2005
(2); or
(iii) pursuant to a warrant issued under the Utah Rules of Criminal Procedure or an
equivalent federal warrant.
(2) (a) A governmental entity that is authorized to use an automatic license plate reader
system under this part may not sell captured plate data for any purpose.
(b) A governmental entity that is authorized to use an automatic license plate reader
system under this part may not share 
or use
 captured plate [
date
] 
data
 for a purpose not
authorized under Subsection 
41-6a-2003
(2).
(c) Notwithstanding the provisions of this section, a governmental entity may preserve
and disclose aggregate captured plate data for planning and statistical purposes if the
information identifying a specific license plate is not preserved or disclosed.
(3) Plate data collected in accordance with Section 
72-6-118
 may be preserved so long
as necessary to collect the payment of a toll or penalty imposed in accordance with Section
72-6-118
 and the nine-month preservation limitation described in Subsection (1)(c) shall not
apply.
(4) (a) Except as provided in Subsections (1)(c)(i) through (1)(c)(iii), a governmental
entity shall destroy as soon as reasonably possible, in an unrecoverable manner, plate data
obtained pursuant to this chapter that is not specifically necessary to achieve the authorized
objectives under Subsection 
41-6a-2003
(2).
(b) Subsection (4)(a) applies to data a governmental entity obtains:
(i) from a nongovernmental entity pursuant to a warrant; or
(ii) from an automatic license plate reader system owned or operated by a
governmental entity.
Section 4. Section 
41-6a-2005
 is amended to read:
41-6a-2005.
Preservation request.
(1) A person or governmental entity using an automatic license plate reader system
shall take all steps necessary to preserve captured plate data in its possession for 14 days after
the date the data is captured pending the issuance of a court order requiring the disclosure of
the captured plate data if a governmental entity or defendant in a criminal case requesting the
captured plate data submits a written statement to the person or governmental entity using an
automatic license plate reader system:
(a) requesting the person or governmental entity to preserve the captured plate data;
(b) identifying:
(i) the camera or cameras for which captured plate data shall be preserved;
(ii) the license plate for which captured plate data shall be preserved; or
(iii) the dates and time frames for which captured plate data shall be preserved; and
(c) notifying the person or governmental entity maintaining the captured plate data that
the governmental entity or defendant in a criminal case is applying for a court order for
disclosure of the captured plate data.
(2) (a) A governmental entity or defendant in a criminal case may apply for a court
order for the disclosure of captured plate data 
possessed by a governmental entity
.
(b) A court that is a court of competent jurisdiction shall issue a court order requiring
the disclosure of captured plate data if the governmental entity or defendant in a criminal case
offers specific and articulable facts showing that there are reasonable grounds to believe that
the captured plate data is relevant and material to an ongoing criminal or missing person
investigation.
(3) Captured plate data that is the subject of an application for a disclosure order under
Subsection (2) may be destroyed at the later of:
(a) the date that an application for an order under Subsection (2) is denied and any
appeal exhausted;
(b) the end of 14 days, if the person or governmental entity does not otherwise preserve
the captured plate data; or
(c) the end of the period described in Subsection 
41-6a-2004
(1)(c).
(4) Notwithstanding Subsection (2), a governmental entity may enter into a
memorandum of understanding with another governmental entity to share access to an
automatic license plate reader system or captured plate data otherwise authorized by this part.
[
(4)
] 
(5)
 A governmental entity may obtain, receive, or use [
privately held
] captured
plate data 
from a nongovernmental entity
 only:
(a) (i) pursuant to a warrant issued using the procedures described in the Utah Rules of
Criminal Procedure or an equivalent federal warrant; or
(ii) using the procedure described in Subsection (2); and
[
(b) if the private automatic license plate reader system retains captured plate data for
days or fewer.
]
(b) for the purposes authorized in Subsection 
41-6a-2003
(2).
(6) (a) A law enforcement agency shall preserve a record of:
(i) the number of times a search of captured license plate data is conducted by the
agency or the agency's employees or agents; and
(ii) the crime type and incident number associated with each search of captured license
plate data.
(b) A law enforcement agency shall preserve a record identified in Subsection (6)(a)
for at least five years.
Section 5. Section 
41-6a-2006
 is amended to read:
41-6a-2006.
Penalties.
A person [
who violates a provision under this part
] 
who knowingly or intentionally
uses, obtains, or discloses captured license plate data in violation of this part
 is guilty of a class
B misdemeanor.
Section 6. Section 
72-1-212
 is amended to read:
72-1-212.
Special use permitting -- Rulemaking.
[
(1) For purposes of this section, "special use permit" means a permit issued for a
special use or a special event that takes place on a highway.
]
(1) As used in this section:
(a) "Law enforcement agency" means the same as that term is defined in Section
53-3-102
.
(b) "Special use permit" means a permit issued:
(i) for a special use or a special event that takes place on a highway; or
(ii) to a law enforcement agency to install an automatic license plate reader on a state
highway for the purpose of capturing license plate data of vehicles traveling on a state highway,
regardless of whether the device is installed on property owned by the department or the law
enforcement agency.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
in consultation with representatives of the Utah League of Cities and Towns and the Utah
Association of Counties, the department shall make rules that are not inconsistent with this
chapter or the constitution and laws of this state or of the United States governing the issuance
of a special use permit to maintain public safety and serve the needs of the traveling public.
(3) The rules described in Subsection (2) may:
(a) establish the highways for which the highest number of special use permits are
issued;
(b) develop, in consultation with municipalities, a limit on the number of special use
permits that may be issued in any calendar year on a particular highway;
(c) require a person to submit an application designated by the department before the
department issues a special use permit;
(d) limit the number of special use permits issued on any one day for any specified
location based on a first-come, first-served basis for completed applications;
(e) establish criteria for evaluating completed applications, such as historic use,
potential economic benefit, or other relevant factors;
(f) specify conditions that are required to be met before a special use permit may be
issued;
(g) establish a penalty for failure to fulfill conditions required by the special use permit,
including suspension of the special use permit or suspension of a future special use permit;
(h) require an applicant to obtain insurance for certain special uses or special events; or
(i) provide other requirements to maintain public safety and serve the needs of the
traveling public.
(4) The limit on the number of special use permits described in Subsection (3)(b) may
not include
:
(a)
 a special use permit issued for a municipality-sponsored special use or special event
on a highway within the jurisdiction of the municipality[
.
]
; or
(b) a special use permit issued to a law enforcement agency to install a device as part of
an automatic license plate reader system authorized by Section 
41-6a-2003
.
(5) The rules 
described in Subsection (2)
 shall consider:
(a) traveler safety and mobility;
(b) the safety of special use or special event participants;
(c) emergency access;
(d) the mobility of residents close to the event or use;
(e) access and economic impact to businesses affected by changes to the normal
operation of highway traffic; [
and
]
(f) past performance of an applicant's adherence to special use permit requirements[
.
]
;
and
(g) whether a law enforcement agency applying for a special use permit has published a
policy online as required by Section 
41-6a-2003
.
(6) Notwithstanding any other provision of this chapter, the department may also
require a law enforcement agency applying for a special use permit described in this section to
obtain an encroachment permit.
[
(6)
] 
(7)
 The department shall adopt a fee schedule in accordance with Section
63J-1-504
 that reflects the cost of services provided by the department associated with special
use permits and with special uses or special events that take place on a highway.
(8) For a device installed in accordance with Section 
41-6a-2003
, the installation,
maintenance, data collection, and removal are the responsibility of the law enforcement agency
that obtains the special use permit.
(9) (a) The department shall preserve a record of special use permits issued to a law
enforcement agency, including the stated purpose for each permit.
(b) The department shall preserve a record identified in Subsection (9)(a) for at least
five years.