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