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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3570 By: Manger
COMMITTEE SUBSTITUTE
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; dis allowing the
sale of information; requiri ng certain information be
made public; amending 69 O.S. 2021, Section 1208, as
amended by Section 1, Chapte r 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; providing for codification; and providing an
effective 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, rea ds as follows:
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. Except as provided in Sections 7 -606.1 and 7-606.2 of
Title 47 of the Oklahoma Statutes, operation of and access to an
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 d atabases.
Other than as provided in Section 7-606.1 and 7-606.2 of Title 47 of
the Oklahoma Statutes, automatic license plate readers shall not be
used to enforce state or local traffic violations or issue citations
for such violations.
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2. Prior to using an automatic license plate reader system, the
municipal or state law enforcement agency that intends to use the
technology shall:
a. confirm that the automatic license plate reader system
meets all requirements of this section,
b. establish a policy governing its use in accorda nce
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 Departm ent before installing
an automatic license plate reader system on a state or
interstate highway. The Department shall issue
permits to law enforcement agencies that mee t
standards set by the Department.
3. A positive match by an automatic license plate reader system
alone shall not constitute reasonable suspici on as grounds for a law
enforcement officer to stop the vehicle. Prior to stopping a
vehicle based on identification within the automatic license plate
reader system database, the officer shall immediately visually
confirm that the license plate on the ve hicle 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.
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4. Records of license plates and vehicles recorded by an
automatic license plate reader system shall be purged from the
database or system within thirty (30) days of their capture 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 purp oses.
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, Section 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:
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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
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 hig hway, 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 in
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
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b. "highway rights-of-way" means the state and interstate
highway systems maintained by the Oklahoma Department
of Transportation.
2. In accordance with applicable state an d 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 operate d 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, mainten ance, and
safety of the highway facility and does no t interfere with the free
and safe flow of traffic.
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/27/2024 -
DO PASS, As Amended.