Summary of Original Version

Create a new section of KRS Chapter 189 to define terms related to automated license plate readers; restrict use of automated license plate readers; establish limitations on use and sale of data captured by automated license plate readers; provide that captured license plate data may be retained longer than 90 days only if it is being used in a criminal or insurance investigation or has become subject to a preservation of evidence notification; require law enforcement agencies to adopt and make public a written policy governing use of automated license plate readers; provide that any recorded images or data captured by an automated license plate reader may be made available to the National Insurance Crime Bureau or its successor organization; require the Transportation Cabinet to establish a permit process for installation of automated license plate readers on highway rights-of-way and to promulgate administrative regulations; amend KRS 189.990 to establish penalty for violation.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions; allow the Transportation Cabinet to collect ALPR data for road fund revenue collection, commercial vehicle permitting and credentialing enforcement, and commercial vehicle safety enforcement and monitoring; allow third-party entities contracted with law enforcement to collect ALPR data for purposes of protecting public safety and conducting criminal investigations; allow insurance carriers and related entities to collect ALPR data for purposes of investigating insurance fraud, assisting in vehicle recovery, adjudicating insurance claims, and insurance fraud prevention; require insurance carriers and related entities to notify applicants for insurance on or after January 1, 2027, of potential ALPR data collection; allow financial institutions and related entities to collect ALPR data for purposes of collateral recovery, enforcement of a lien, recovery of defaulted funds, or verification of loan application information; require those entities to notify loan applicants on or after January 1, 2027, of potential ALPR data collection.

Summary of Amendment: House Floor Amendment 1 -- J. Hodgson

Summary Retain original provisions; allow law enforcement agencies to use ALPR data for training purposes, provided that dates, times, and license plate numbers are redacted.

Summary of Amendment: House Floor Amendment 2 -- T. Roberts

Summary Maintain original provisions, except require public agencies and law enforcement agencies deploying an ALPR to maintain a list of geographic locations of each operational stationary ALPR; require the list to be updated at least once every 180 days; require the list to be subject to disclosure under the Kentucky Open Records Act.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; allow the Transportation Cabinet to retain ALPR data for toll collection indefinitely.

Summary of Amendment: Senate Floor Amendment 1 -- J. Higdon

Summary Retain original provisions; establish provisions for ALPR data use and retention for commercial vehicles.

Statutes affected:
Introduced: 189.990
House Committee Substitute 1: 189.990
Senate Committee Substitute 1: 189.990
Current: 189.990