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STATE OF OKLAHOMA
2nd Session of the 59th L egislature (2024)
HOUSE BILL 3570 By: Manger
AS INTRODUCED
An Act relating to motor vehicles; defining terms;
allowing the use of automatic license plate readers
for certain purposes; disallowing certain uses;
requiring law enforcement ag encies take certain
actions prior to use; stating certain match is not
reasonable suspicion; requiring officer make certain
visual confirmation; requiring certain information be
purged; making certain exception; di sallowing the
sale of information; requiri ng certain information be
made public; amending 69 O.S. 2021, Section 1208, as
amended by Section 1, Chapter 335, O.S.L. 2023 (69
O.S. Supp. 2023, Section 1208), which relates to
structures in rights-of-way prohibited; defining
terms; allowing law enforcement placement of
automatic license plate readers on highway rights-of-
way; requiring Department of Transportation
promulgate certain rules; providing for codification;
and providing an effect ive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 15-133 of Title 47, unless there
is created a duplication in numbering, reads as follow s:
A. As used in this section:
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1. "Automatic license plate reader system " means a system of
one or more fixed or mobile cameras combined with computer
algorithms to convert images of license plates and vehicles into
computer-readable data; and
2. "Highway rights-of-way" means the state and interstate
highway systems being maintained by the Oklahoma Department of
Transportation.
B. 1. Operation of and access to a n automatic license plate
reader system by law enforcement shall be for official law
enforcement purposes only, and shall only be used to scan, detect,
and identify vehicles and license plate numbers for the purpose of
identifying:
a. stolen vehicles,
b. vehicles involved in an active investigation ,
c. vehicles associated with wanted, missing, or
endangered persons, or
d. vehicles that register as a match within the National
Crime Information Center and any other relevant
federal, state, or local databases.
Automatic license plate readers shall not be used to enforce state
or local traffic violat ions or issue citations for such violations.
2. Prior to using an automatic license plate reader system, the
municipal or state law enforcement agency that intends to use the
technology shall:
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a. confirm that the automatic license plate reader system
meets all requirements of this section,
b. establish a policy governing its use in accordance
with this section that includes a training process for
the officers that will use it and an auditing schedule
to ensure proper use , and
c. obtain a permit from the D epartment of Transportation
(Department) before installing an automatic license
plate reader system on a state or interstate highway.
The Department shall promulgate rules providing for
the issuance of such permits for automatic license
plate reader systems installed on highway rights-of-
way.
3. A positive match by an automatic license plate reader system
alone shall not constitute reasonable suspicion as grounds for a law
enforcement officer to stop the vehicle. Prior to stopping a
vehicle based on ide ntification within the automatic license plate
reader system database, the officer shall immediately visually
confirm that the license plate on the vehicle matches the image of
the license plate displayed on the automatic license plate reader
system and that the stop meets criteria la id out in the law
enforcement agency's policies.
4. Records of license plates and vehicles recorded by a n
automatic license plate reader system shall be purged from the
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database or system within ninety (90) days of their capt ure in such
a manner that they are destroyed and not recoverable, unless the
record is a part of an ongoing investigation, in which case the data
may be retained until final disposition of the matter in accordance
with applicable records retention laws.
5. Captured license plate data obtained for the purposes
identified in paragraph 1 of this subsection shall not be sold for
commercial or marketing purposes .
C. A law enforcement agency that installs or uses any automatic
license plate reader system , pursuant to this section, shall make
the following information public:
1. A log of its use, to be updated on a monthly basis,
displaying at least the aggregate number of vehicles on which data
was collected for each month of use and a list of all state and
federal databases with which the data were co mpared, unless the
existence of the database itself is not public; and
2. The law enforcement agency’s automatic license plate reader
system policy.
SECTION 2. AMENDATORY 69 O.S. 2021, Se ction 1208, as
amended by Section 1, Chapt er 335, O.S.L. 2023 (69 O.S. S upp. 2023,
Section 1208), is amended to read as follows:
Section 1208. (a) A. The rights-of-way acquired by the
Department of Transportation or a county shall be held inviolate for
state highway, departmental, or county purposes, and no physical or
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functional encroachments or uses shall be permitted within such
rights-of-way.
(b) B. It shall be unlawful for any person to construct,
maintain or operate any gasoline pu mp, driveway canopy, building,
sign, fence, post, or any thing or structure on or overhanging any
right-of-way, or upon or overhanging any street occupied by a
designated state or federal highway, or county roads and the
construction or maintaining of any such thing or structure on or
overhanging any federal or state highway or county roads shall
constitute a public nuisance, which may be summarily abated by the
Commission or board of county commissioners or its officers, agents,
servants and employees in t he manner provided in this article.
(c) C. This section shall not apply to the lawful use of such
rights-of-way for the erection and operation of facilities of a
public utility, or companies engaged in the activities defined i n
Section 137.1 of Title 52 of th e Oklahoma Statutes.
D. 1. As used in this subsection :
a. "automatic license plate re ader system" means a system
of one or more fixed or mobile cameras combined with
computer algorithms to convert images of license
plates and vehicles into compu ter-readable data; and
b. "highway rights-of-way" means the state and interstate
highway systems maintained by the Oklahoma Department
of Transportation.
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2. In accordance with applicable state and federal laws
governing the use and management of highway righ ts-of-way, and
subject to the approval of the Federal Highway Administration as
required by federal law, license plate reader systems operated by
law enforcement agencies shall be allowed on highway rights-of-way
for the purpose of aiding in criminal invest igations or searches for
missing or endangered persons to t he extent that such use is
consistent with the continued use, operations, maintenance, and
safety of the highway facility and does not interfere with the free
and safe flow of traffic . The Department shall promulgate rules
providing for the issuance of permits to law enforcement agencies
for license plate reader systems installed in highway rights-of-way.
SECTION 3. This act shall become effective November 1, 2024.
59-2-9527 JBH 01/17/24