Arkansas 2025 Regular Session

Arkansas Senate Bill SB446 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 668 of the Regular Session
3	2		CEB200 03/12/2025 11:14:00 AM CEB200
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 SENATE BILL 446 3
7	6		4
8	7		By: Senator Gilmore 5
9	8		By: Representative Gazaway 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE AUTOMATIC LICENSE PLATE READER 9
13	12		SYSTEM ACT; TO PROVIDE FOR THE USE OF AUTOMATIC 10
14	13		LICENSE PLATE READERS BY PRIVATE LANDOWNERS, PRIVATE 11
15	14		LEASEHOLDER, AND COMMERCIAL BUSINESSES; AND FOR OTHER 12
16	15		PURPOSES. 13
17	16		14
18	17		15
19	18		Subtitle 16
20	19		TO AMEND THE AUTOMATIC LICENSE PLATE 17
21	20		READER SYSTEM ACT; AND TO PROVIDE FOR 18
22	21		THE USE OF AUTOMATIC LICENSE PLATE 19
23	22		READERS BY PRIVATE LANDOWNERS, PRIVATE 20
24	23		LEASEHOLDER, AND COMMERCIAL BUSINESSES. 21
25	24		22
26	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
27	26		24
28	27		SECTION 1. Arkansas Code § 12 -12-1802, concerning definitions with 25
29	28		respect to the Automatic License Plate Reader System Act, is amended to add 26
30	29		an additional subdivision to read as follows: 27
31	30		(6) "Private landowner, private leaseholder, or commercial 28
32	31		business" means a landowner, leaseholder, or commercial business that is not 29
33	32		a governmental entity. 30
34	33		31
35	34		SECTION 2. Arkansas Code §§ 12 -12-1803 — 12-12-1805 are amended to 32
36	35		read as follows: 33
37	36		12-12-1803. Restrictions on use. 34
38	37		(a) Except as provided in subsection (b) of this section, it is 35
39	38		unlawful for an individual, partnership, corporation, limited liability 36 SB446
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42	41		company, association, or the State of Arkansas, its agencies, and political 1
43	42		subdivisions to use an automatic license plate reader system. 2
44	43		(b) An automatic license plate reader system may be used: 3
45	44		(1) By a state, county, or municipal law enforcement agency for 4
46	45		the comparison of captured plate data with data held by the Office of Motor 5
47	46		Vehicle, the Arkansas Crime Information Center, the National Crime 6
48	47		Information Center, a database created by law enforcement for the purposes of 7
49	48		an ongoing investigation, and the Federal Bureau of Investigation for any 8
50	49		lawful purpose; 9
51	50		(2) By parking enforcement entities for regulating the use of 10
52	51		parking facilities; 11
53	52		(3) For the purpose of controlling access to secured areas; or 12
54	53		(4) By a private landowner, private leaseholder, or commercial 13
55	54		business for the purpose of promoting public safety, deterring crime, and 14
56	55		monitoring access to private property owned or leased by the private 15
57	56		landowner, private leaseholder, or commercial business, including ingress and 16
58	57		egress to private property on a private road owned by the private landowner, 17
59	58		private leaseholder, or commercial business; or 18
60	59		(5)(A) By the Arkansas Highway Police Division of the Arkansas 19
61	60		Department of Transportation for the electronic verification of registration, 20
62	61		logs, and other compliance data to provide more efficient movement of 21
63	62		commercial vehicles on a state highway. 22
64	63		(B) An automatic license plate reader system used under 23
65	64		subdivision (b)(4)(A) (b)(5)(A) of this section shall be installed at an 24
66	65		entrance ramp at a weigh station facility for the review of a commercial 25
67	66		motor vehicle entering the weigh station facility. 26
68	67		27
69	68		12-12-1804. Protections. 28
70	69		(a) Captured Except as provided under subsection (b) of this section, 29
71	70		captured plate data obtained for the purposes described under § 12 -12-1803(b) 30
72	71		shall not be used or shared for any other purpose and shall not be preserved 31
73	72		for more than: 32
74	73		(1) Sixty (60) days by a private landowner, private leaseholder, 33
75	74		or commercial business; or 34
76	75		(2) one One hundred fifty (150) days by all other eligible 35
77	76		entities. 36 SB446
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80	79		(b) Captured plate data obtained by an entity under § 12 -12-1803(b)(1) 1
81	80		may be retained as part of an ongoing investigation and shall be destroyed at 2
82	81		the conclusion of either: 3
83	82		(1) An investigation that does not result in any criminal 4
84	83		charges being filed; or 5
85	84		(2) Any criminal action undertaken in the matter involving the 6
86	85		captured plate data. 7
87	86		(c) A governmental entity that uses an automatic license plate reader 8
88	87		system under § 12-12-1803(b)(1) shall update the captured plate data 9
89	88		collected under this subchapter every twenty -four (24) hours if updates are 10
90	89		available. 11
91	90		(d)(1) Except as provided under subdivision (d)(2) of this section, a 12
92	91		governmental entity authorized to use an automatic license plate reader 13
93	92		system under § 12-12-1803(b) shall not sell, trade, or exchange captured 14
94	93		plate data for any purpose. 15
95	94		(2) Captured plate data obtained by a law enforcement agency 16
96	95		under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared 17
97	96		with other law enforcement agencies. 18
98	97		(3) A governmental entity may only compel the release of 19
99	98		captured plate data from a user under § 12 -12-1803(b)(2), § 12-12-1803(b)(3), 20
100	99		§ 12-12-1803(b)(4), or § 25-16-705(a) through a valid subpoena. 21
101	100		(e)(1) Except as provided under subdivision (e)(2) of this section, a 22
102	101		private landowner, private leaseholder, or commercial business authorized to 23
103	102		use an automatic license plate reader system under § 12 -12-1803(b) shall not 24
104	103		sell, trade, or exchange captured plate data for any commercial purpose. 25
105	104		(2)(A) Captured plate data obtained by a private landowner, 26
106	105		private leaseholder, or commercial business under § 12 -12-1803(b)(4) may be 27
107	106		shared with a third-party processor providing asset protection analytical 28
108	107		services on the captured plate data as part of a contractual agreement with 29
109	108		the private landowner, private leaseholder, or commercial business. 30
110	109		(B) The terms of the contractual agreement shall expressly 31
111	110		prohibit a third-party processor from using the captured data for any other 32
112	111		purpose and impose a data retention period not to exceed sixty (60) days from 33
113	112		receipt of the captured plate data. 34
114	113		35
115	114		12-12-1805. Practice and usage data preservation. 36 SB446
116	115
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118	117		(a) An entity that uses an automatic license plate reader system under 1
119	118		§ 12-12-1803(b)(1), § 12-12-1803(b)(2), § 12-12-1803(b)(3), or § 12-12-2
120	119		1803(b)(5) shall: 3
121	120		(1) Compile statistical data identified in subsection (b) of 4
122	121		this section every six (6) months into a format sufficient to allow the 5
123	122		general public to review the compiled data; and 6
124	123		(2) Preserve the compiled data for eighteen (18) months ; and 7
125	124		(3)(A) Promulgate rules and policies concerning the manner and 8
126	125		method of obtaining, retaining, and destroying captured plate data, including 9
127	126		without limitation specific rules and policies concerning retention of 10
128	127		material in excess of one hundred fifty (150) days under § 12 -12-1804(b), and 11
129	128		make those rules and policies available for public inspection. 12
130	129		(B) Failure to comply with subdivision (a)(3)(A) of this 13
131	130		section shall be grounds for a court of competent jurisdiction to exclude any 14
132	131		evidence obtained under this subchapter. 15
133	132		(b) The preserved data shall include: 16
134	133		(1) The number of license plates scanned; 17
135	134		(2) The names of the lists against which captured plate data 18
136	135		were checked; and 19
137	136		(3) For each check of captured plate data against a list: 20
138	137		(A) The number of confirmed matches; 21
139	138		(B) The number of matches that upon further investigation 22
140	139		did not correlate to an alert; and 23
141	140		(C) The number of matches that resulted in arrest and 24
142	141		prosecution; and 25
143	142		(4)(A) Promulgate rules and policies concerning the manner and 26
144	143		method of obtaining, retaining, and destroying captured plate data, including 27
145	144		without limitation specific rules and policies concerning retention of 28
146	145		material in excess of one hundred fifty (150) days under § 12 -12-1804(b) and 29
147	146		make those rules and policies available for public inspection. 30
148	147		(B) Failure to comply with subdivision (b)(4)(A) of this 31
149	148		section shall be grounds for a court of competent jurisdiction to exclude any 32
150	149		evidence obtained under this subchapter . 33
151	150		(c) A private landowner, private leaseholder, or commercial business 34
152	151		that uses and automatic license plate reader system under § 12 -12-1803(b)(4) 35
153	152		shall: 36 SB446
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156	155		(1) Compile statistical data every six (6) months that includes 1
157	156		the: 2
158	157		(A) Number of license plates scanned; and 3
159	158		(B) Number of confirmed matches; and 4
160	159		(2) Make reports of the compiled plate data available in a 5
161	160		timely manner to the Legislative Council upon a request from the chairs of 6
162	161		the Legislative Council. 7
163	162		8
164	163		SECTION 3. Arkansas Code § 12 -12-1807, concerning the penalties for a 9
165	164		violation of the Automatic License Plate Reader System Act, is amended to add 10
166	165		an additional subsection to read as follows: 11
167	166		(c) The Attorney General may bring an action to enforce a violation of 12
168	167		this subchapter under the Deceptive Trade Practices Act, § 4 -88-101 et seq. 13
169	168		14
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