Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1626 Introduced / Bill

Filed 01/16/2025

                     
 
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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;   
 
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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   
 
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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;   
 
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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;   
 
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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