Req. No. 10364 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 1626 By: George AS INTRODUCED An Act relating to motor vehicles; defining terms; authorizing certain use of automatic license plate reader systems; making certain exce ptions; requiring certain permit prior to use; authorizing issuance of permits; allowing access for official purposes only; requiring adoption for certain written policy; listing minimum requires for policy; listing certain requirements for use; 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, unle ss there is created a duplication in numbering, reads as follows: A. For purposes of this section: 1. "Alert" means a notification generated by an automated license plate recognition system indicating that a vehicle passed an automated license plate reco gnition system camera with a license plate or vehicle characteristics that mat ch data held by the National Crime Information Center or other database or hot list; Req. No. 10364 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. "Automatic license plate reader system " means a system of one or more law-enforcement-controlled cameras combined with computer algorithms to convert images of registration plates into computer-readable data; 3. "Highway right-of-way" means a public road being maintained by the Oklahoma Department of Transportation. 4. "Hot list" means a list of license plates or vehicle characteristics against which vehicles passing by automatic license plate recognition system cameras are checked for matches; 5. "Law enforcement agency " means any county sheriff, municipal police department, the Oklahoma Hi ghway Patrol, and any state or local public body that employs public safety personnel; and 6. "License plate reader data " means the global positioning device coordinates, date and time, photograph, license plate number, and vehicle characteristics capture d by an automatic license plate reader system; B. In accordance with applicab le state and federal laws governing the use and management of highway rights -of-way and subject to the approval of the Federal Highway Administration as required by federal law, automatic license plate reader systems may be utilized on highway rights -of-way to the extent that such use is consistent with the continued use, operation, maintenance, and safety of the highway facility and does not interfere with the free and safe flow of traffic. Except as provided in Sections 7 -606.1 Req. No. 10364 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and 7-606.2 of this title, such devices shall not be used to enforce state or local traffic violations or issue citations for such violations. C. Prior to installing an automatic license plate reader sys tem camera on a highway right -of-way, a law enforcement agency shall obtain a permit from the Department of Transportation. The Department shall issue a permit to the law enforcement agency that meets standards set by the Department. D. In addition to Sections 7-606.1 and 7-606.2 of this title, operation of and access to an automa tic license plate reader system by law enforcement agencies shall be for official law enforcement purposes only. E. Prior to the use of an automatic license plate recognition system, a law enforcement agency shall adopt and make publicly available a written policy governing the use of the automatic license plate recognition system that includes, at a minimum: 1. Supervisory oversight of the automatic license plate recognition system; 2. Training protocol for automatic license plate recognition system users; 3. Protocol for ensuring hot lists stay up to date; 4. Rules for access to and security of license plate reader data; Req. No. 10364 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Rules for retention and destruction of license pla te reader data; and 6. An audit schedule and process to ensure that the system is used in accordance with this section and agency policy. F. A law enforcement agency using an automatic license plate recognition system shall comply with the following: 1. Upon receipt of an alert and prior to performing a traffic stop, an officer, dispatcher, or other law enforcement agency employee shall visually confirm that the scanned plate matches the alert with regard to plate letters, numbers, and issuing state and confirm that the stop meets criteria laid out in the policies of the law enforcement agency and applicable law; 2. License plate reader data shall be deleted within thirty (30) days of being recorded in such a manner that the record is destroyed and not recoverable, unless the record is a part of an ongoing investigation, in which case the data shall be retained and destroyed in accordance with applicable records retention laws; 3. License plate reader data shall be encrypted in transmission and at rest, utilizing industry-recognized encryption protocols to safeguard against unauthorized access. The data must be stored in a manner that meets or exceeds the requirements set forth by recognized standards such as IS0/IEC 27001, ensuring comprehensive security measures including , but not limited to, physical security, access control, and regular security assessments; Req. No. 10364 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Any license plate or vehicle added to a hot list in order to trigger an alert and any search performed of license plate reader data shall be supported by a legitimate, specific, and documented law enforcement purpose; 5. Access logs for the automatic license plate recognition system shall be maintained to provide a clear audit trail for oversight and accountability purposes; 6. A law enforcement agency authorized to use an automatic license plate recognition system und er this section shall own the license plate reader data and shall not sell license plate reader data for any purpose; and 7. Law enforcement agencies may share license plate rea der data with other law enforcement agencies for legitimate law enforcement purposes. SECTION 2. This act shall become effective November 1, 2025. 60-1-10364 JBH 01/16/25