SB1138 • 2026

automated license plate readers

SB1138 - automated license plate readers

Budget Elections Taxes Technology

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Mark Finchem
Last action: 2026-01-20
Official status: Senate second read
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on how long training should last for using automated license plate readers.

Automated License Plate Readers

This bill sets rules for the use of automated license plate readers by law enforcement agencies, including training requirements and data retention policies.

What This Bill Does

Defines what an automated license plate reader is and its purpose in helping with official law enforcement tasks.
Specifies allowable uses of automated license plate readers, such as investigating crimes or finding stolen vehicles.
Requires that officers complete training before using automated license plate readers.
Limits who can access data from these devices to authorized personnel only.
Specifies how long collected data must be kept and when it should be deleted.

Who It Names or Affects

Law enforcement agencies
People whose vehicle information is captured by automated license plate readers

Terms To Know

Automated License Plate Reader: A device that reads and records license plates for law enforcement purposes.
Official Law Enforcement Purposes: Activities related to investigating crimes, finding stolen vehicles or missing persons, and other similar tasks.

Limits and Unknowns

The bill does not specify how long the training for using automated license plate readers should last.
It is unclear what happens if a law enforcement agency fails to follow the data retention rules set by this bill.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SENATE - Appropriations, Transportation and Technology - Strike Everything (Adopted)

Adopted

Plain English: Fifty-seventh Legislature Appropriations, Transportation and Technology Second Regular Session S.B.

Fifty-seventh Legislature Appropriations, Transportation and Technology Second Regular Session S.B.
1138 COMMITTEE ON APPROPRIATIONS, TRANSPORTATION AND TECHNOLOGY SENATE AMENDMENTS TO S.B.
1138 (Reference to printed bill) Strike everything after the enacting clause and insert: 1 "Section 1.
Subject to the requirements of article IV, part 1, 2 section 1, Constitution of Arizona, section 16-954, Arizona Revised 3 Statutes, is amended to read: 4 16-954.

This amendment summary is using official source text because generated interpretation was skipped for this run.

SENATE - Appropriations, Transportation and Technology - Strike Everything (Proposed)

Proposed

Plain English: Fifty-seventh Legislature Appropriations, Transportation and Technology Second Regular Session S.B.

Fifty-seventh Legislature Appropriations, Transportation and Technology Second Regular Session S.B.
1138 SENATE AMENDMENTS TO S.B.
1138 (Reference to printed bill) Strike everything after the enacting clause and insert: 1 "Section 1.
Title 28, chapter 3, Arizona Revised Statutes, is 2 amended by adding article 23, to read: 3 ARTICLE 23.

This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

2026-01-20 Senate
Senate second read
2026-01-15 Senate
Senate Rules: None
2026-01-15 Senate
Senate Appropriations, Transportation and Technology: DPA/SE
2026-01-15 Senate
Senate first read

Official Summary Text

SB1138 - 572R - Senate Fact Sheet

A
RIZONA
S
TATE
S
ENATE

RESEARCH
STAFF

LIAM MAHER

LEGISLATIVE RESEARCH ANALYST

APPROPRIATIONS, TRANSPORTATION
& TECHNOLOGY
COMMITTEE

Telephone: (602) 926-3171

TO:����������������� MEMBERS
OF THE SENATE

�����������������������
APPROPRIATIONS, TRANSPORTATION & TECHNOLOGY COMMITTEE

DATE:����������� February
20, 2026

SUBJECT:�����
Strike
everything amendment to
S.B. 1138
, relating to clean elections;
transportation funding

Purpose

����������� Redirects the 10
percent surcharge that is collected on all traffic-related civil and criminal
fines and penalties that would otherwise be deposited in the Citizens Clean
Elections Fund (Fund) to the Highway User Revenue Fund (HURF). Contains
requirements for enactment for initiatives and referendums (Proposition 105).

Background

�����������
In
1998, voters approved Proposition 200 which created the Fund. The Fund receives
revenues from a 10 percent surcharge on all civil and criminal fines,
qualifying contributions from participating candidates and penalties paid by
candidates (
JLBC Baseline
).

����������� The Citizens Clean
Election Commission (CCEC) must return excess monies to the state General Fund
(state GF) if it is determined that the anticipated collections exceed the CCEC's
statutory expenditure limit. The CCEC determines the excess monies on an annual
calendar year basis by projecting revenues over the next four years and designating
monies above the expenditure limit as excess monies that must be transferred
the state GF. The most recent transfer from the Fund to the state GF was $10
million in FY 2012 (
A.R.S.
� 16-954
;
JLBC Appropriations
Report
).

����������� HURF consists of
monies collected from taxes and fees associated with transportation that
include the motor fuel tax, vehicle license tax, vehicle registration fee and
driver's license fee. HURF monies may only be spent for the purposes prescribed
in the Arizona Constitution (
A.R.S.
� 28-6533
).

����������� Each fiscal year, the
Arizona Department of Transportation and the State Treasurer must distribute
HURF monies as follows: 1) 51.5 percent to the State Highway Fund; 2) 19
percent to the counties; 3) 27.5 percent to incorporated cities and towns; and
4) 3 percent to incorporated cities with a population of more than 300,000
persons (
A.R.S.
� 28-6538
).

����������� If redirecting
surcharges from the Fund to HURF modifies the excess monies that would have
otherwise been directed to the state GF by the CCEC each year, there may be a
fiscal impact to the state GF.

Provisions

1.

Redirects the 10 percent surcharge collected on all traffic-related
civil and criminal fines and penalties that would be deposited in the Fund to HURF.

2.

Replaces the requirement for excess Fund monies to be transferred to the
state GF when the CCEC determines that anticipated collections exceed the
CCEC's statutory expenditure limit with a requirement for excess Fund monies to
be transferred to the state GF when the amount of monies in the Fund exceeds
the Fund balance as of the general effective date.

3.

Specifies that all surcharges collected for traffic-related civil and
criminal fines and penalties that are redirected to HURF must be distributed
proportionally to counties with fewer than 1,000,000 persons.

4.

Makes technical and conforming changes.

5.

Requires for enactment the affirmative vote of at least three-fourths of
the members of each house of the Legislature (Proposition 105).

6.

Becomes effective on the general effective date.

Current Bill Text

Read the full stored bill text

SB1138 - 572R - I Ver

REFERENCE TITLE:
automated license plate readers

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1138

Introduced by

Senator
Finchem

AN
ACT

Amending title 28, chapter 3, Arizona
Revised Statutes, by adding article 23; relating to TRAFFIC and vehicle
regulation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 3, Arizona Revised
Statutes, is amended by adding article 23, to read:

ARTICLE 23. AUTOMATed LICENSE
PLATE READERS

START_STATUTE
28-1241.

Definitions

In this article, unless the context otherwise
requires:

1. "Automated license plate
reader" means a technology that provides stationary automated detection of
license plates and that captures data associated with license plates for
official law enforcement purposes.

2. "Official law enforcement
purposes" means the identification of stolen or wanted vehicles, stolen
license plates, human trafficking and missing persons and may include gathering
of information related to active warrants, homeland security, electronic
surveillance, suspect interdiction and stolen property recovery.
END_STATUTE

START_STATUTE
28-1242.

Automated license plate readers; allowable uses; training;
authorized access

A. A law enforcement agency shall use
an automated license plate reader only for the following purposes:

1. Legitimate and official law
enforcement purposes.

2. In conjunction with any patrol
operation or criminal law enforcement investigation. Reasonable
suspicion or probable cause is not necessary before using an automated license
plate reader.

3. canvassing license plates around
any crime scene. Law enforcement agencies shall prioritize the use
of automated license plate Readers to canvas areas around homicides, shootings
and other major incidents.

4. checking Any partial license plate
number reported during a major crime to identify persons of interest.

B. If practicable, a law enforcement
officer shall verify an automated license plate reader response through an
authorized central law enforcement telecommunication system database that is
accessible to law enforcement officers in this state before taking enforcement
action based only on an alert from an automated license plate reader.

C. an employee of a law enforcement
agency may not operate an automated license plate reader until the employee
successfully completes department-approved training for the automated
license plate reader.

D. an operator of an automated
license plate reader may not access data from an authorized central law
enforcement telecommunication system database that is accessible to law
enforcement officers in this state or national law enforcement telecommunications
system unless the operator is authorized to access the data.

E. data from an automated license
plate reader may not be accessed unless a criminal case number is provided for
the data being accessed.
END_STATUTE

START_STATUTE
28-1243.

Automated license plate readers; data and image collection;
requirements; violation; classification

A. All
data and images collected by an automated license plate reader are for official
use by the law enforcement agency that collected the data and images.

b. Any data or images collected by an
automated license plate reader are not subject to public review, except a law
enforcement agency shall share any data or images collected by an automated
license plate reader pursuant to a duly authorized warrant or subpoena or any
other law.

c. a law enforcement agency that
operates a stationary, automated license plate reader is responsible for
ensuring proper collection and retention of the data and images
collected.

d. All automated license plate reader
data and images that are downloaded to a law enforcement AGENCY'S server shall
be stored for ninety days. After ninety days, all automated license
plate reader data and images shall be deleted, unless the data or images have
become or are reasonably believed to become evidence in a criminal or civil
lawsuit or the data or images are subject to a lawful action to produce
records.

E. all data and images collected by
an automated license plate reader shall be collected on a law enforcement
agency's server that is not maintained by a third party.

F. A third party that releases any
automated license plate reader data or images without authorization is guilty
of a class 1 misdemeanor and shall pay a fine of not less than $500 per image
or data released.

g. A law enforcement agency that uses
an automated license plate reader shall:

1. Refer all non-law enforcement
requests for access to stored automated license plate reader data or images to
the law enforcement agency's records supervisor, or equivalent, who shall
process each request in accordance with applicable law. each request
shall include a stated purpose for the reason for access to the data or images.

2. Ensure all automated license plate
reader data downloaded to a mobile workstation and server shall be accessible
only through a password-protected system capable of documenting all
access information by name of the person who accessed the data and the date and
the time of access.

3. ensure any person who is approved
to access automated license plate reader data and images pursuant to this
article is allowed to access the data and images only for legitimate law
enforcement purposes and only when the data and images relate to a specific
criminal investigation that has an active case number or law enforcement agency-related
civil or administrative action.

4. Release
automated license plate reader data and images to other authorized and verified
law enforcement officials and agencies for legitimate law enforcement purposes
following the provision of an active case number.

5. Perform system audits on each
stationary, automated license plate reader on a regular basis.

6. perform user access audits on a
regular basis.
END_STATUTE