Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 446 3
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By: Senator Gilmore 5
By: Representative Gazaway 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE AUTOMATIC LICENSE PLATE READER 9
SYSTEM ACT; TO PROVIDE FOR THE USE OF AUTOMATIC 10
LICENSE PLATE READERS BY PRIVATE LANDOWNERS, PRIVATE 11
LEASEHOLDER, AND COMMERCIAL BUSINESSES; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
TO AMEND THE AUTOMATIC LICENSE PLATE 17
READER SYSTEM ACT; AND TO PROVIDE FOR 18
THE USE OF AUTOMATIC LICENSE PLATE 19
READERS BY PRIVATE LANDOWNERS, PRIVATE 20
LEASEHOLDER, AND COMMERCIAL BUSINESSES. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 12 -12-1802, concerning definitions with 25
respect to the Automatic License Plate Reader System Act, is amended to add 26
an additional subdivision to read as follows: 27
(6) "Private landowner, private leaseholder, or commercial 28
business" means a landowner, leaseholder, or commercial business that is not 29
a governmental entity. 30
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SECTION 2. Arkansas Code §§ 12 -12-1803 — 12-12-1805 are amended to 32
read as follows: 33
12-12-1803. Restrictions on use. 34
(a) Except as provided in subsection (b) of this section, it is 35
unlawful for an individual, partnership, corporation, limited liability 36 SB446
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company, association, or the State of Arkansas, its agencies, and political 1
subdivisions to use an automatic license plate reader system. 2
(b) An automatic license plate reader system may be used: 3
(1) By a state, county, or municipal law enforcement agency for 4
the comparison of captured plate data with data held by the Office of Motor 5
Vehicle, the Arkansas Crime Information Center, the National Crime 6
Information Center, a database created by law enforcement for the purposes of 7
an ongoing investigation, and the Federal Bureau of Investigation for any 8
lawful purpose; 9
(2) By parking enforcement entities for regulating the use of 10
parking facilities; 11
(3) For the purpose of controlling access to secured areas; or 12
(4) By a private landowner, private leaseholder, or commercial 13
business for the purpose of promoting public safety, deterring crime, and 14
monitoring access to private property owned or leased by the private 15
landowner, private leaseholder, or commercial business, including ingress and 16
egress to private property on a private road owned by the private landowner, 17
private leaseholder, or commercial business; or 18
(5)(A) By the Arkansas Highway Police Division of the Arkansas 19
Department of Transportation for the electronic verification of registration, 20
logs, and other compliance data to provide more efficient movement of 21
commercial vehicles on a state highway. 22
(B) An automatic license plate reader system used under 23
subdivision (b)(4)(A) (b)(5)(A) of this section shall be installed at an 24
entrance ramp at a weigh station facility for the review of a commercial 25
motor vehicle entering the weigh station facility. 26
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12-12-1804. Protections. 28
(a) Captured Except as provided under subsection (b) of this section, 29
captured plate data obtained for the purposes described under § 12 -12-1803(b) 30
shall not be used or shared for any other purpose and shall not be preserved 31
for more than: 32
(1) Sixty (60) days by a private landowner, private leaseholder, 33
or commercial business; or 34
(2) one One hundred fifty (150) days by all other eligible 35
entities. 36 SB446
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(b) Captured plate data obtained by an entity under § 12 -12-1803(b)(1) 1
may be retained as part of an ongoing investigation and shall be destroyed at 2
the conclusion of either: 3
(1) An investigation that does not result in any criminal 4
charges being filed; or 5
(2) Any criminal action undertaken in the matter involving the 6
captured plate data. 7
(c) A governmental entity that uses an automatic license plate reader 8
system under § 12-12-1803(b)(1) shall update the captured plate data 9
collected under this subchapter every twenty -four (24) hours if updates are 10
available. 11
(d)(1) Except as provided under subdivision (d)(2) of this section, a 12
governmental entity authorized to use an automatic license plate reader 13
system under § 12-12-1803(b) shall not sell, trade, or exchange captured 14
plate data for any purpose. 15
(2) Captured plate data obtained by a law enforcement agency 16
under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared 17
with other law enforcement agencies. 18
(3) A governmental entity may only compel the release of 19
captured plate data from a user under § 12 -12-1803(b)(2), § 12-12-1803(b)(3), 20
§ 12-12-1803(b)(4), or § 25-16-705(a) through a valid subpoena. 21
(e)(1) Except as provided under subdivision (e)(2) of this section, a 22
private landowner, private leaseholder, or commercial business authorized to 23
use an automatic license plate reader system under § 12 -12-1803(b) shall not 24
sell, trade, or exchange captured plate data for any commercial purpose. 25
(2)(A) Captured plate data obtained by a private landowner, 26
private leaseholder, or commercial business under § 12 -12-1803(b)(4) may be 27
shared with a third-party processor providing asset protection analytical 28
services on the captured plate data as part of a contractual agreement with 29
the private landowner, private leaseholder, or commercial business. 30
(B) The terms of the contractual agreement shall expressly 31
prohibit a third-party processor from using the captured data for any other 32
purpose and impose a data retention period not to exceed sixty (60) days from 33
receipt of the captured plate data. 34
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12-12-1805. Practice and usage data preservation. 36 SB446
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(a) An entity that uses an automatic license plate reader system under 1
§ 12-12-1803(b)(1), § 12-12-1803(b)(2), § 12-12-1803(b)(3), or § 12-12-2
1803(b)(5) shall: 3
(1) Compile statistical data identified in subsection (b) of 4
this section every six (6) months into a format sufficient to allow the 5
general public to review the compiled data; and 6
(2) Preserve the compiled data for eighteen (18) months ; and 7
(3)(A) Promulgate rules and policies concerning the manner and 8
method of obtaining, retaining, and destroying captured plate data, including 9
without limitation specific rules and policies concerning retention of 10
material in excess of one hundred fifty (150) days under § 12 -12-1804(b), and 11
make those rules and policies available for public inspection. 12
(B) Failure to comply with subdivision (a)(3)(A) of this 13
section shall be grounds for a court of competent jurisdiction to exclude any 14
evidence obtained under this subchapter. 15
(b) The preserved data shall include: 16
(1) The number of license plates scanned; 17
(2) The names of the lists against which captured plate data 18
were checked; and 19
(3) For each check of captured plate data against a list: 20
(A) The number of confirmed matches; 21
(B) The number of matches that upon further investigation 22
did not correlate to an alert; and 23
(C) The number of matches that resulted in arrest and 24
prosecution; and 25
(4)(A) Promulgate rules and policies concerning the manner and 26
method of obtaining, retaining, and destroying captured plate data, including 27
without limitation specific rules and policies concerning retention of 28
material in excess of one hundred fifty (150) days under § 12 -12-1804(b) and 29
make those rules and policies available for public inspection. 30
(B) Failure to comply with subdivision (b)(4)(A) of this 31
section shall be grounds for a court of competent jurisdiction to exclude any 32
evidence obtained under this subchapter . 33
(c) A private landowner, private leaseholder, or commercial business 34
that uses and automatic license plate reader system under § 12 -12-1803(b)(4) 35
shall: 36 SB446
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(1) Compile statistical data every six (6) months that includes 1
the: 2
(A) Number of license plates scanned; and 3
(B) Number of confirmed matches; and 4
(2) Make reports of the compiled plate data available in a 5
timely manner to the Legislative Council upon a request from the chairs of 6
the Legislative Council. 7
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SECTION 3. Arkansas Code § 12 -12-1807, concerning the penalties for a 9
violation of the Automatic License Plate Reader System Act, is amended to add 10
an additional subsection to read as follows: 11
(c) The Attorney General may bring an action to enforce a violation of 12
this subchapter under the Deceptive Trade Practices Act, § 4 -88-101 et seq. 13
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