License Plate Reader Amendments

40
41-6a-2001
41-6a-2002
41-6a-2003
41-6a-2004
41-6a-2005
41-6a-2006
53G-8-805
63G-2-305
72-1-212
77-23g-101
77-23g-201
77-23g-202
77-23g-203
77-23g-301
77-23g-302
77-23g-401
77-23g-402
77-23g-501
77-23g-502
77-23g-503
77-23g-504
77-23g-601
77-23g-602
0
License Plate Reader and Data Retention Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kristen Chevrier
Senate Sponsor:
LONG TITLE
General Description:
This bill amends requirements for the use of automatic license plate readers and processing
of license plate data.
Highlighted Provisions:
This bill:
repeals sections related to license plate readers, and relocates provisions related to license
plate readers in the Utah Code;
defines terms;
provides authorized uses and purposes for license plate readers and license plate data by
governmental entities and law enforcement;
establishes reporting requirements regarding the use of license plate readers and
processing of license plate data;
creates standards for processing license plate data obtained from a license plate reader
including:
data security;
data retention; and
data sharing; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-8-805
, as last amended by Laws of Utah 2025, Chapter 388
63G-2-305
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
72-1-212
, as last amended by Laws of Utah 2025, Chapter 452
ENACTS:
77-23g-101
, Utah Code Annotated 1953
77-23g-201
, Utah Code Annotated 1953
77-23g-202
, Utah Code Annotated 1953
77-23g-203
, Utah Code Annotated 1953
77-23g-301
, Utah Code Annotated 1953
77-23g-302
, Utah Code Annotated 1953
77-23g-401
, Utah Code Annotated 1953
77-23g-402
, Utah Code Annotated 1953
77-23g-501
, Utah Code Annotated 1953
77-23g-502
, Utah Code Annotated 1953
77-23g-503
, Utah Code Annotated 1953
77-23g-504
, Utah Code Annotated 1953
77-23g-601
, Utah Code Annotated 1953
77-23g-602
, Utah Code Annotated 1953
REPEALS:
41-6a-2001
, as enacted by Laws of Utah 2013, Chapter 447
41-6a-2002
, as last amended by Laws of Utah 2024, Chapter 251
41-6a-2003
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
41-6a-2004
, as last amended by Laws of Utah 2023, Chapter 524
41-6a-2005
, as last amended by Laws of Utah 2023, Chapter 524
41-6a-2006
, as last amended by Laws of Utah 2023, Chapter 524
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-8-805
is amended to read:
53G-8-805
. Panic alert device -- Security cameras -- Key box.
(1)
As used in this section:
(a)
"Universal access key box" means a UL Standard 1037 compliant secure container
designed to store and protect emergency access keys and devices.
(b)
"Emergency responder" means law enforcement, fire service, or emergency medical
personnel authorized by local authorities to respond to school emergencies.
(2)
In accordance with the results of the school safety needs assessment described in
Section
53G-8-701.5
, an LEA shall provide the lead teacher in each classroom with a
wearable panic alert device that shall communicate directly with public safety answering
points.
(3)
An LEA shall ensure, before the school year begins, all school building personnel
receive training on the protocol and appropriate use of the panic alert device described in
Subsection
(2)
.
(4)
An LEA shall:
(a)
ensure all security cameras within a school building are accessible by:
(i)
a local law enforcement agency; and
(ii)
public safety answering points;
(b)
coordinate with a local law enforcement agency to establish appropriate access
protocols; and
(c)
physically mark all hallways and doorways consistent with the incident response
method or system the state security chief creates.
(5)
A school building shall include universal access key boxes that:
(a)
are installed at main entry points;
(b)
contain master keys and access devices providing complete access to all areas of the
school;
(c)
are accessible only to authorized emergency responders;
(d)
are electronically monitored for tampering; and
(e)
are weather-resistant and vandal-resistant.
(6)
An LEA shall:
(a)
maintain universal access key boxes by:
(i)
conducting quarterly inspections;
(ii)
updating contents within 24 hours of any lock or access control changes;
(iii)
maintaining current key and access device inventories;
(iv)
documenting all inspections and updates; and
(v)
immediately replacing any damaged or malfunctioning boxes;
(b)
coordinate with local emergency responders to:
(i)
determine optimal box placement;
(ii)
establish access protocols;
(iii)
maintain current emergency contact information; and
(iv)
conduct annual reviews of box usage and effectiveness;
and
(c)
include universal access key box locations and protocols in:
(i)
school emergency response plans;
(ii)
building schematic diagrams provided to emergency responders; and
(iii)
school safety and security training materials.
(7)
The state board shall:
(a)
establish standards for:
(i)
box installation and placement;
(ii)
access control and monitoring;
(iii)
maintenance schedules; and
(iv)
compliance verification;
(b)
in direct coordination with the state security chief, ensure new construction or major
remodeling of a school building shall include the installation of automated external
defibrillators in appropriate locations as the state board determines; and
(c)
provide technical assistance to LEAs implementing this section.
(8)
Nothing in this section:
(a)
affects requirements for fire department key boxes under applicable building or fire
codes; or
(b)
restricts additional security measures implemented by LEAs that exceed these
requirements.
(9)
This section is not subject to the restrictions in Section
41-6a-2003
.
Section 2. Section
63G-2-305
is amended to read:
63G-2-305
. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103(4)
;
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated
value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of Health and Human Services that
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
person within the board's jurisdiction;
(15)
records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16)
records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(17)
records that are subject to the attorney client privilege;
(18)
records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
judicial, quasi-judicial, or administrative proceeding;
(19)
(a)
(i)
personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii)
notwithstanding Subsection
(19)(a)(i)
, correspondence that gives notice of
legislative action or policy may not be classified as protected under this section;
and
(b)
(i)
an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A)
members of a legislative body;
(B)
a member of a legislative body and a member of the legislative body's staff; or
(C)
members of a legislative body's staff; and
(ii)
notwithstanding Subsection
(19)(b)(i)
, a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20)
(a)
records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's
contemplated legislation or contemplated course of action before the legislator has
elected to support the legislation or course of action, or made the legislation or course
of action public; and
(b)
notwithstanding Subsection
(20)(a)
, the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a
legislator asks that the records requesting the legislation be maintained as protected
records until such time as the legislator elects to make the legislation or course of
action public;
(21)
a research request from a legislator to a legislative staff member and research findings
prepared in response to the request;
(22)
drafts, unless otherwise classified as public;
(23)
records concerning a governmental entity's strategy about:
(a)
collective bargaining; or
(b)
imminent or pending litigation;
(24)
records of investigations of loss occurrences and analyses of loss occurrences that may
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25)
records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion
of personal privacy, or disclosure is not in the public interest;
(26)
records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;
(27)
records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28)
records of an institution of higher education defined in Section
53H-1-101
regarding
tenure evaluations, appointments, applications for admissions, retention decisions, and
promotions, which could be properly discussed in a meeting closed in accordance with
Title
52, Chapter 4
, Open and Public Meetings Act, provided that records of the final
decisions about tenure, appointments, retention, promotions, or those students admitted,
may not be classified as protected under this section;
(29)
records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's
contemplated policies or contemplated courses of action before the governor has
implemented or rejected those policies or courses of action or made them public;
(30)
records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31)
records provided by the United States or by a government entity outside the state that
are given to the governmental entity with a requirement that they be managed as
protected records if the providing entity certifies that the record would not be subject to
public disclosure if retained by it;
(32)
transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section
52-4-206
;
(33)
records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34)
memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of
any other body charged by law with performing a quasi-judicial function;
(35)
records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm
to the person or place the governmental entity at a competitive disadvantage, but this
section may not be used to restrict access to a record evidencing a final contract;
(36)
materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including
patents, copyrights, and trade secrets;
(37)
the name of a donor or a prospective donor to a governmental entity, including an
institution of higher education defined in Section
53H-1-101
, and other information
concerning the donation that could reasonably be expected to reveal the identity of the
donor, provided that:
(a)
the donor requests anonymity in writing;
(b)
any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection
(37)
; and
(c)
except for an institution of higher education defined in Section
53H-1-101
, the
governmental unit to which the donation is made is primarily engaged in educational,
charitable, or artistic endeavors, and has no regulatory or legislative authority over
the donor, a member of the donor's immediate family, or any entity owned or
controlled by the donor or the donor's immediate family;
(38)
accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
73-18-13
;
(39)
a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence;
and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required
pursuant to
in accordance with
Subsection
53H-14-202(2)(a)

or (b); and
(h)
this Subsection
(40)
may not be construed to affect the ownership of a record;
(41)
(a)
records in the custody or control of the Office of the Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b)
notwithstanding Subsection
(41)(a)
, a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator
asks that the records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a
legislative audit be maintained as protected records until the audit is completed and
made public;
(42)
records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a)
a production facility; or
(b)
a magazine;
(43)
information contained in the statewide database of the Division of Aging and Adult
Services created by Section
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title
80,
Chapter 2
, Child Welfare Services;
(45)
information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46)
records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title
13, Chapter 32a
, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47)
information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food;
(48)
except to the extent that the record is exempt from this chapter
pursuant to
in
accordance with
Section
63G-2-106
, records related to an emergency plan or program, a
copy of which is provided to or prepared or maintained by the Division of Emergency
Management, and the disclosure of which would jeopardize:
(a)
the safety of the general public; or
(b)
the security of:
(i)
governmental property;
(ii)
governmental programs; or
(iii)
the property of a private person who provides the Division of Emergency
Management information;
(49)
records of the Department of Agriculture and Food that provides for the identification,
tracing, or control of livestock diseases, including any program established under Title
4, Chapter 24
, Utah Livestock Brand and Anti-Theft Act, or Title
4, Chapter 31
, Control
of Animal Disease;
(50)
as provided in Section
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related
to a complaint regarding a provider, program, or facility which the department is
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a provider, program,
or facility;
(51)
unless otherwise classified as public under Section
63G-2-301
and except as provided
under Section
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a)
the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b)
the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i)
the nature of the law, ordinance, rule, or order; and
(ii)
the individual complying with the law, ordinance, rule, or order;
(52)
the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone
number where the candidate may be contacted:
(a)
a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section
20A-9-201
,
20A-9-202
,
20A-9-203
,
20A-9-404
,
20A-9-405
,
20A-9-408
,
20A-9-408.5
,
20A-9-502
, or
20A-9-601
;
(b)
an affidavit of impecuniosity, described in Section
20A-9-201
; or
(c)
a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53)
the name, home address, work addresses, and telephone numbers of an individual that
is engaged in, or that provides goods or services for, medical or scientific research that is:
(a)
conducted within the state system of higher education, as described in Section
53H-1-102
; and
(b)
conducted using animals;
(54)
in accordance with Section
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to
whether a judge meets or exceeds minimum performance standards under Subsection
78A-12-203(4)
, and information disclosed under Subsection
78A-12-203(5)(e)
;
(55)
information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section
20A-7-702
or Title
78A, Chapter 12
,
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
public, the information or report;
(56)
records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section
63L-11-202
;
(57)
information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58)
in accordance with Section
73-10-33
:
(a)
a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b)
an outline of an emergency response plan in possession of the state or a county or
municipality;
(59)
the following records in the custody or control of the Office of Inspector General of
Medicaid Services, created in Section
63A-13-201
:
(a)
records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
Services through other documents or evidence, and the records relating to the
allegation are not relied upon by the Office of Inspector General of Medicaid
Services in preparing a final investigation report or final audit report;
(b)
records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
violation of a law, rule, or regulation adopted under the laws of this state, a political
subdivision of the state, or any recognized entity of the United States, if the
information was disclosed on the condition that the identity of the person be
protected;
(c)
before the time that an investigation or audit is completed and the final investigation
or final audit report is released, records or drafts circulated to a person who is not an
employee or head of a governmental entity for the person's response or information;
(d)
records that would disclose an outline or part of any investigation, audit survey plan,
or audit program; or
(e)
requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60)
records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division
of Professional Licensing under Subsections
58-67-304(3)
and
(4)
and Subsections
58-68-304(3)
and
(4)
;
(62)
a record described in Section
63G-12-210
;
(63)
captured plate data that is obtained through an automatic license plate reader system
used by a governmental entity as authorized in
Section
41-6a-2003
Title 77, Chapter
23g, Automatic License Plate Reader Act
;
(64)
an audio or video recording created by a body-worn camera, as that term is defined in
Section
77-7a-103
, that records sound or images inside a hospital or health care facility
as those terms are defined in Section
78B-3-403
, inside a clinic of a health care provider,
as that term is defined in Section
78B-3-403
, or inside a human service program as that
term is defined in Section
26B-2-101
, except for recordings that:
(a)
depict the commission of an alleged crime;
(b)
record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c)
record any encounter that is the subject of a complaint or a legal proceeding against a
law enforcement officer or law enforcement agency;
(d)
contain an officer involved critical incident as defined in Subsection
76-2-408(1)(f)
;
or
(e)
have been requested for reclassification as a public record by a subject or authorized
agent of a subject featured in the recording;
(65)
a record pertaining to the search process for a president of an institution of higher
education described in Section
53H-3-302
;
(66)
an audio recording that is:
(a)
produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating
an individual with a life-threatening condition;
(b)
produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder
service:
(i)
is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii)
uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c)
intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(67)
records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Legislative Audit Subcommittee, established under Section
36-12-8
, for an employment
position with the Legislature;
(68)
work papers as defined in Section
31A-2-204
;
(69)
a record made available to Adult Protective Services or a law enforcement agency
under Section
61-1-206
;
(70)
a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(71)
a record described in Section
31A-37-503
;
(72)
any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304(5)
or
58-37f-702(2)(a)(ii)
;
(73)
a record described in Section
72-16-306
that relates to the reporting of an injury
involving an amusement ride;
(74)
except as provided in Subsection
63G-2-305.5(1)
, the signature of an individual on a
political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a)
Title
10, Utah Municipal Code
;
(b)
Title
17, Counties
;
(c)
Title
17B, Limited Purpose Local Government Entities - Special Districts
;
(d)
Title
17D, Limited Purpose Local Government Entities - Other Entities
; and
(e)
Title
20A, Election Code
;
(75)
except as provided in Subsection
63G-2-305.5(2)
, the signature of an individual in a
voter registration record;
(76)
except as provided in Subsection
63G-2-305.5(3)
, any signature, other than a signature
described in Subsection
(74)
or
(75)
, in the custody of the lieutenant governor or a local
political subdivision collected or held under, or in relation to, Title
20A, Election Code
;
(77)
a Form I-918 Supplement B certification as described in Title
77, Chapter 38, Part 5
,
Victims Guidelines for Prosecutors Act;
(78)
a record submitted to the Insurance Department under Section
31A-48-103
;
(79)
personal information, as defined in Section
63G-26-102
, to the extent disclosure is
prohibited under Section
63G-26-103
;
(80)
an image taken of an individual during the process of booking the individual into jail,
unless:
(a)
the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or
locating an individual in connection with the criminal investigation or criminal
proceeding;
(c)
a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest; or
(d)
the image is displayed to a person who is permitted to view the image under Section
17-72-802
;
(81)
a record:
(a)
concerning an interstate claim to the use of waters in the Colorado River system;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii)
harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado
River system; or
(iii)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(82)
any part of an application described in Section
63N-16-201
that the Governor's Office
of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection
(82)

may not be used to restrict access to a record evidencing a final contract or approval
decision;
(83)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records
described in Subsection
(83)(a)
;
(84)
a statement that an employee of a governmental entity provides to the governmental
entity as part of the governmental entity's personnel or administrative investigation into
potential misconduct involving the employee if the governmental entity:
(a)
requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the
statement; and
(b)
provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(85)
any part of an application for a Utah Fits All Scholarship account described in Section
53F-6-402
or other information identifying a scholarship student as defined in Section
53F-6-401
;
(86)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the
federal government; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake;
(87)
a consumer complaint described in Section
13-2-11
, unless the consumer complaint is
reclassified as public as described in Subsection
13-2-11(4)
;
(88)
a record of the Utah water agent, appointed under Section
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other
government entity as provided in
Title
73, Ch
apter
10g, Part 7, Utah Water Agent;
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water; and
(89)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
, that contains any personal identifying
information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission.
Section 3. Section
72-1-212
is amended to read:
72-1-212
. Special use permitting -- Rulemaking.
(1)
As used in this section:
(a)
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(b)
"Special use permit" means a permit issued:
(i)
for a special use or a special event that takes place on a highway; or
(ii)
to a law enforcement agency to install an automatic license plate reader on a state
highway for the purpose of capturing license plate data of vehicles traveling on a
state highway, regardless of whether the device is installed on property owned by
the department or the law enforcement agency.
(2)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, and in
consultation with representatives of the Utah League of Cities and Towns and the Utah
Association of Counties, the department shall make rules that are not inconsistent with
this chapter or the constitution and laws of this state or of the United States governing
the issuance of a special use permit to maintain public safety and serve the needs of the
traveling public.
(3)
The rules described in Subsection
(2)
may:
(a)
establish the highways for which the highest number of special use permits are
issued;
(b)
develop, in consultation with municipalities, a limit on the number of special use
permits that may be issued in any calendar year on a particular highway;
(c)
require a person to submit an application designated by the department before the
department issues a special use permit;
(d)
limit the number of special use permits issued on any one day for any specified
location based on a first-come, first-served basis for completed applications;
(e)
establish criteria for evaluating completed applications, such as historic use, potential
economic benefit, or other relevant factors;
(f)
specify conditions that are required to be met before a special use permit may be
issued;
(g)
establish a penalty for failure to fulfill conditions required by the special use permit,
including suspension of the special use permit or suspension of a future special use
permit;
(h)
require an applicant to obtain insurance for certain special uses or special events; or
(i)
provide other requirements to maintain public safety and serve the needs of the
traveling public.
(4)
The limit on the number of special use permits described in Subsection
(3)(b)
may not
include:
(a)
a special use permit issued for a municipality-sponsored special use or special event
on a highway within the jurisdiction of the municipality; or
(b)
a special use permit issued to a law enforcement agency to install a device as part of
an automatic license plate reader system authorized by Section
41-6a-2003
77-23g-301
.
(5)
The rules described in Subsection
(2)
shall consider:
(a)
traveler safety and mobility;
(b)
the safety of special use or special event participants;
(c)
emergency access;
(d)
the mobility of residents close to the event or use;
(e)
access and economic impact to businesses affected by changes to the normal
operation of highway traffic;
(f)
past performance of an applicant's adherence to special use permit requirements; and
(g)
whether a law enforcement agency applying for a special use permit has published a
policy online as required by Section
41-6a-2003
77-23g-302
.
(6)
Notwithstanding any other provision of this chapter, the department may also require a
law enforcement agency applying for a special use permit described in this section to
obtain an encroachment permit.
(7)
The department shall adopt a fee schedule in accordance with Section
63J-1-504
that
reflects the cost of services provided by the department associated with special use
permits and with special uses or special events that take place on a highway.
(8)
For a device installed in accordance with Section
41-6a-2003
77-23g-301
, the
installation, maintenance, data collection, and removal are the responsibility of the law
enforcement agency that obtains the special use permit.
(9)
(a)
The department shall preserve a record of special use permits issued to a law
enforcement agency, including the stated purpose for each permit.
(b)
The department shall preserve a record identified in Subsection
(9)(a)
for at least five
years.
Section 4. Section
77-23g-101
is enacted to read:
23g. Automatic License Plate Reader Act
1. Automatic License Plate Reader Act
77-23g-101
. Definitions.
As used in this chapter:
(1)
"Aggregated license plate data" means de-identified license plate data created by:
(a)
combining multiple sets of license plate data; and
(b)
removing any information that relates to an identified or identifiable individual.
(2)
"Anonymized" means the same as that term is defined in Section
63A-19-101
.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(4)
"Department" means the Department of Transportation created in Section
72-1-201
.
(5)
"Facial recognition" means the process of comparing an individual's image to an image
database for the purpose of identifying an individual.
(6)
"Fixed license plate reader" means a license plate reader that remains in a stationary
location and is only able to obtain license plate data that passes within view of the
license plate reader.
(7)
"Government website" means the same as that term is defined in Section
63A-19-101
.
(8)
(a)
"Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(b)
"Governmental entity" includes:
(i)
a law enforcement agency, unless otherwise specified; and
(ii)
an individual or entity acting as an agent of a governmental entity or acting on
behalf of a governmental entity.
(9)
"Historical license plate data" means license plate data retained by a license plate reader
provider as described in Section
77-23g-501
.
(10)
"Hotlist" means a list or database containing information related to a vehicle believed
to be involved in criminal activity that is compared to license plate data to generate an
alert when the vehicle is identified.
(11)
"Identify" or "identifying" means to search and review data captured by a license plate
reader to determine potential vehicles of interest in connection with:
(a)
an active criminal investigation; or
(b)
an authorized law enforcement use described in Section
77-23g-301
.
(12)
(a)
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(b)
"Law enforcement agency" includes a law enforcement officer as defined in Section
53-13-103
.
(13)
(a)
"License plate data" means any information collected by a license plate reader.
(b)
"License plate data" includes:
(i)
information displayed on a license plate;
(ii)
images of a vehicle or a license plate;
(iii)
the date and time the image was captured; and
(iv)
the global positioning system coordinates for the vehicle's location when the
image was captured.
(14)
"License plate reader" means a computerized system of:
(a)
automated high-speed cameras used to capture license plate data; and
(b)
optical character recognition software that coverts the license plate data into
computer-readable data.
(15)
"License plate reader provider" means an individual or entity who:
(a)
provides or sells license plate readers to a governmental entity; and
(b)
processes license plate data on behalf of the governmental entity.
(16)
"Locate" or "locating" means to use captured plate data to determine the last known
location of a known vehicle in connection with:
(a)
an active criminal investigation; or
(b)
an authorized law enforcement use described in Section
77-23g-301
.
(17)
"Mobile license plate reader" means a license plate reader attached to a vehicle which
captures license plate data while the vehicle is moving or stationary.
(18)
"Nongovernmental entity" means an individual or entity that is not a governmental
entity.
(19)
"Parking enforcement entity" means a governmental entity that is primarily responsible
for:
(a)
enforcing state and local parking regulations; or
(b)
regulating the use of a parking facility.
(20)
"Process" means the same as that term is defined in Section
63A-19-101
.
(21)
"Public transit district" means the same as that term is defined in Section
17B-2a-802
.
(22)
"Secured area" means an area, enclosed by clear boundaries, to which access is limited
and not open to the public and entry is only obtainable through specific access-control
points.
(23)
"State cooperative contract" means the same as that term is defined in Section
63G-6a-103
.
(24)
(a)
"Track" means the monitoring of geolocation information sufficient to determine
the continuous movements of a vehicle of interest over a period greater than 72 hours
after the vehicle was identified as a vehicle of interest.
(b)
"Track" does not include the use of a hotlist alert to locate a vehicle of interest in
order to take immediate enforcement action upon receipt of the alert or a search of
historic license plate reader data.
(25)
"Utah Inland Port Authority" means the Utah Inland Port Authority created in Section
11-58-201
.
Section 5. Section
77-23g-201
is enacted to read:
2. Requirements for Automatic License Plate Readers and Providers
77-23g-201
. Governmental entity requirements -- Restrictions.
(1)
A governmental entity may only use a license plate reader or process license plate data
for a purpose described Section
77-23g-301
or Section
77-23g-401
.
(2)
A governmental entity authorized to use a license plate reader or process license plate
data under this chapter shall:
(a)
process the minimum amount of license plate data reasonably necessary to effectuate
a purpose described in Section
77-23g-301
or Section
77-23g-401
;
(b)
require all employees of the governmental entity who use a license plate reader or
process license plate data to receive training on:
(i)
the requirements of this chapter; and
(ii)
the governmental entity's policies regarding the use of a license plate reader or
processing of license plate data;
(c)
annually conduct an internal audit to ensure compliance with this chapter; and
(d)
prominently post, on the governmental entity's government website, a public notice
that describes:
(i)
the governmental entity's purpose for using a license plate reader or processing
license plate data;
(ii)
a citation to this chapter and a description of the authorization for the
governmental entity to use a license plate reader or process license plate data; and
(iii)
the retention period for the license plate data.
(3)
A governmental entity may not use a license plate reader or process license plate data to:
(a)
conduct facial recognition;
(b)
target an individual based on the individual's exercise of rights protected by the First
Amendment of the United States Constitution; or
(c)
discriminate against an individual based on the individual's race, color, religion, sex,
national origin, age, disability, or genetic information.
Section 6. Section
77-23g-202
is enacted to read:
77-23g-202
. License plate reader provider requirements -- Restrictions.
(1)
A license plate reader provider shall:
(a)
act with a duty of loyalty and care with respect to license plate data processed on
behalf of the state or a governmental entity, including an obligation to act in the best
interests of the state and the individuals whose data is processed;
(b)
ensure that all license plate data is encrypted or otherwise rendered unusable,
unreadable, or indecipherable to an unauthorized individual through a security
technology or methodology generally accepted in the field of information security;
(c)
on or before May 31, 2027, for a license plate reader provider that begins operation
or is already operational for a state or governmental entity, obtain an evaluation,
conducted by an independent third party, regarding the accuracy of the license plate
reader that evaluates, at a minimum:
(i)
character-level accuracy;
(ii)
full-plate accuracy;
(iii)
false positive rate for hotlist and alert matching; and
(iv)
error rates, disaggregated by plate type, plate jurisdiction, and video and imaging
conditions;
(d)
obtain a new or updated evaluation, conducted by an independent third party,
whenever the license plate reader provider implements a material change to the
license plate reader system that may reasonably be expected to impact accuracy,
including changes to:
(i)
hardware components or camera specifications;
(ii)
optical character recognition, machine learning, or other recognition algorithms;
(iii)
data processing, filtering, confidence scoring, or matching logic;
(iv)
environmental or operational configurations that materially affect capture or
recognition performance; or
(v)
any other system modification identified by the provider or evaluator as affecting
accuracy;
(e)
ensure that license plate provider systems sold to governmental entities in this state
obtain and maintain, at a minimum, across video and image conditions:
(i)
90% character-level accuracy;
(ii)
90% full-plate accuracy;
(iii)
10% or lower false positive rate for hotlist and alert matching;
(iv)
10% or lower error rate for license plate type identification; and
(v)
10% or lower error rate for license plate jurisdiction identification;
(f)
provide the evaluation described in Subsection
(1)(c)
or
(1)(d)
to:
(i)
the Division of Purchasing and General Services created in Section
63A-2-101
, if
the license plate reader provider has entered into a state cooperative contract to
provide license plate readers to or process license plate data on behalf of a
governmental entity; or
(ii)
a governmental entity that has directly entered into a contract with a license plate
reader provider that is not based upon a state cooperative contract to provide
license plate readers or process license plate data; and
(g)
dispose of license plate reader data in accordance with the appropriate retention
schedule.
(2)
A license plate reader provider may only:
(a)
process license plate data captured by a license plate reader owned or operated by a
governmental entity for a purpose described in Section
77-23g-301
or Section
77-23g-401
;
(b)
process license plate data from within the United States; and
(c)
share license plate data captured by a license plate reader owned or operated by a
governmental entity:
(i)
in accordance with the requirements in Section
77-23g-502
; and
(ii)
if authorized by the governmental entity.
(3)
A license plate reader provider may not sell or profit from license plate data captured by
a license plate reader owned or operated by a governmental entity.
(4)
A license plate reader provider shall ensure that the license plate reader system
automatically collects, maintains, and is capable of generating an annual report
containing, at a minimum, the following information for each law enforcement agency
and government entity using the system during the reporting period:
(a)
the number of license plate readers used, including:
(i)
fixed license plate readers, organized by zip code; and
(ii)
mobile license plate readers;
(b)
the specific location of fixed position license plate readers used by latitude and
longitude coordinates;
(c)
the number of vehicles from which license plate data was obtained;
(d)
the number of alerts generated by a hotlist;
(e)
the number of searches conducted on license plate data, including for each search:
(i)
the date and time of the search;
(ii)
the stated purpose of the search;
(iii)
the associated case number, if applicable; and
(iv)
the identifier of the user performing the search; and
(f)
for a law enforcement agency, the number of warrants obtained and provided to the
license plate reader provided for license plate data originating from a
nongovernmental entity.
(5)
A license plate reader provider shall:
(a)
provide a standardized query, export, or dashboard capability that allows the law
enforcement agency or governmental entity to generate the report without manual
data entry; and
(b)
provide the report described in Subsection
(4)
to the commission as described in
Section
77-23g-503
.
Section 7. Section
77-23g-203
is enacted to read:
77-23g-203
. Hotlist requirements.
(1)
A governmental entity may:
(a)
compare license plate data to a hotlist to generate a real-time alert only:
(i)
for a purpose described in Section
77-23g-301
or Section
77-23g-401
; and
(ii)
if the hotlist used to generate an alert is updated at least once every 24 hours; and
(b)
add vehicle or license plate information to a hotlist only if:
(i)
the vehicle or license plate information relates to an authorized purpose described
in Section
77-23g-301
or Section
77-23g-401
; and
(ii)
the governmental entity has adopted the policy of the Utah Criminal Justice
Information System or the governmental entity's own policy that describes the
criteria and procedure for adding vehicle or license plate information to a hotlist.
(2)
A law enforcement agency may stop a vehicle or engage an occupant of a vehicle based
on a hotlist alert only if:
(a)
the hotlist alert is related to an authorized law enforcement purpose described in
Section
77-23g-301
; and
(b)
the law enforcement agency reasonably attempts to confirm, before stopping the
vehicle or engaging the occupant, that the vehicle or occupant matches the
information described in the hotlist.
Section 8. Section
77-23g-301
is enacted to read:
3. Law Enforcement Use of Automatic License Plate Readers
77-23g-301
. Authorized law enforcement purposes.
(1)
A law enforcement agency may only use a license plate reader or process license plate
data as authorized in this section.
(2)
If a law enforcement agency has developed reasonable articulable suspicion that
criminal activity is occurring or has occurred, the law enforcement agency may conduct
a historical search of license plate data or use a hotlist to generate an alert for the
purpose of:
(a)
identifying a vehicle that may have been involved in the criminal activity; or
(b)
determining where a vehicle believed to be involved in the criminal activity
previously traveled.
(3)
Notwithstanding the requirements of Subsection
(2)
, a law enforcement agency may
conduct a historical search of license plate data or use a hotlist to generate an alert for
the purpose of:
(a)
locating:
(i)
a stolen vehicle; or
(ii)
a missing or endangered individual; or
(b)
apprehending an individual with an outstanding criminal warrant.
(4)
In addition to the uses authorized in Subsection
(2)
, a law enforcement agency may use
a mobile license plate reader to:
(a)
verify valid vehicle registration information; or
(b)
verify vehicle insurance information.
Section 9. Section
77-23g-302
is enacted to read:
77-23g-302
. Law enforcement restrictions.
(1)
A law enforcement agency may not use a license plate reader or process license plate
data to:
(a)
track a vehicle's continuous movements, unless the law enforcement agency has
obtained a state or federal warrant based upon a showing of probable cause that the
vehicle, the driver, or the registered owner are relevant and material to an existing
open and active criminal investigation; or
(b)
establish reasonable suspicion that a crime has occurred or is occurring.
(2)
A law enforcement agency may only process license plate data captured by a license
plate reader owned or operated by a nongovernmental entity:
(a)
if the law enforcement agency:
(i)
processes the nongovernmental entity's license plate data for an authorized
purpose described in Section
77-23g-301
; and
(ii)
has obtained a state or federal warrant authorizing the use of the nongovernmental
entity's license plate data; or
(b)
without a warrant, if:
(i)
in an exigent circumstance:
(A)
the law enforcement agency believes processing the nongovernmental entity's
license plate data is necessary to prevent serious harm to an individual; and
(B)
the nongovernmental entity consents to the law enforcement agency's
processing of the nongovernmental entity's license plate data; or
(ii)
in a circumstance that is not an exigent circumstance:
(A)
the license plate data was captured by a license plate reader not owned by a
governmental entity;
(B)
the data relates to a specific criminal incident that occurred in a location
observable from or on the premises where the license plate reader is located;
(C)
the nongovernmental entity voluntarily consents, on a per-incident basis, to
provide only the specific footage or data reasonably related to that incident; and
(D)
the disclosure does not provide the law enforcement agency with ongoing
access to the nongovernmental entity's license plate reader system or historical
database beyond the specific incident.
(3)
A fixed license plate reader may only be placed on a state highway if:
(a)
a law enforcement agency has obtained a special use permit as described in Section
72-1-212
from the department; and
(b)
the special use permit is prominently posted on the law enforcement agency's
government website.
Section 10. Section
77-23g-401
is enacted to read:
4. Governmental Entity Use of Automatic License Plate Readers
77-23g-401
. Authorized governmental entity purposes.
(1)
A governmental entity that is not a law enforcement agency may only use a license plate
reader or process license plate data as described in this section.
(2)
A parking enforcement entity may only use a license plate reader or process license
plate data for the purpose of:
(a)
enforcing state and local parking regulations; or
(b)
regulating a parking facility.
(3)
A government entity that maintains a secured area may only use a license plate reader or
process license plate data for the purpose of controlling access to the secured area.
(4)
The department may only use a license plate reader or process license plate data for the
purpose of:
(a)
collecting an electronic toll on a highway as described in Section
72-6-118
; or
(b)
enforcing motor carrier laws.
(5)
A public transit district may only use a license plate reader or process license plate data
for the purpose of assessing parking needs or conducting a travel pattern analysis.
(6)
An educational institution within the Utah System of Higher Education described in
Section
53B-1-102
may only use a license plate reader or process license plate data if
the license plate data:
(a)
is anonymized; and
(b)
is used for research and educational purposes.
(7)
The Utah Inland Port Authority, or a contractor of the Utah Inland Port Authority, may
only use a license plate reader or process license plate data for the purpose of improving
supply chain efficiency or the efficiency of the movement of goods and analyzing and
researching data related to commercial vehicle traffic if:
(a)
the Utah Inland Port Authority's board has approved the use of a license plate reader;
(b)
the license plate reader is only used within a project area of the Utah Inland Port
Authority; and
(c)
the license plate data is anonymized.
(8)
An international airport may only use a license plate reader or process license plate data
for the purpose of promoting efficient regulation and implementation of traffic control
and direction, parking, security, and other similar operational objectives on the airport
campus.
Section 11. Section
77-23g-402
is enacted to read:
77-23g-402
. Governmental entity restrictions.
A governmental entity that is not a law enforcement agency may not process license
plate data captured by a license plate reader owned or operated by a nongovernmental entity.
Section 12. Section
77-23g-501
is enacted to read:
5. Disclosure of License Plate Data
77-23g-501
. License plate data -- Retention.
(1)
Except as provided in this section, a governmental entity that uses a license plate reader
shall delete or destroy, in a manner that makes the data unrecoverable, the license plate
data within 150 days from the date on which the license plate data was captured.
(2)
A governmental entity may retain license plate data beyond 150 days:
(a)
for criminal matters, if the license plate data:
(i)
is intended to be used as evidence in an ongoing criminal investigation or
prosecution; and
(ii)
is retained in accordance with Title 77, Chapter 11c, Retention of Evidence; or
(b)
for civil matters, if the license plate data is:
(i)
related to an ongoing civil enforcement action; and
(ii)
retained in accordance with the Utah Rules of Civil Procedure.
(3)
For license plate data used by the department for the purposes described in Section
72-6-118
, the department:
(a)
is exempt from the 150-day preservation requirement described in Subsection
(1)
; and
(b)
shall delete or destroy the license plate data, in a manner that makes the data
unrecoverable, as soon as reasonably possible.
(4)
A governmental entity may retain aggregated license plate data beyond 150 days for
planning and statistical purposes.
Section 13. Section
77-23g-502
is enacted to read:
77-23g-502
. Disclosure of license plate data.
(1)
License plate data captured by a license plate reader owned or operated by a
governmental entity:
(a)
is a protected record in accordance with Section
63G-2-305
; and
(b)
may not be shared with or disclosed to a nongovernmental entity.
(2)
A governmental entity may only share license plate date captured by a license plate
reader owned or operated by the governmental entity:
(a)
in accordance with the sharing provisions in Section
63G-2-206
;
(b)
for an authorized purpose described in Section
77-23g-301
or Section
77-23g-401
;
(c)
if the receiving entity performs the same or similar duties as the sharing entity; and
(d)
the sharing entity enters into a data sharing agreement with the receiving entity
whereby the receiving entity agrees to:
(i)
comply with the requirements in this chapter; and
(ii)
only use the license plate data for an authorized purpose described in Section
77-23g-301
or Section
77-23g-401
.
(3)
A court may order the disclosure of license plate data in a criminal or civil matter if the
court finds that the license plate data is relevant and material to an ongoing
investigation, prosecution, or enforcement action.
Section 14. Section
77-23g-503
is enacted to read:
77-23g-503
. Report on the disclosure of license plate data.
(1)
Beginning on or before December 31, 2027, and on or before December 31 of each
subsequent year, the commission shall receive from each license plate reader provider
the reports described in Subsection 77-23g 202(4).
(2)
The commission shall:
(a)
review and analyze reports received from license plate reader providers;
(b)
evaluate the geographic concentration, placement, and density of license plate reader
cameras;
(c)
assess the minimum accuracy standards that license plate reader systems must meet
to be used for law enforcement and governmental entity purposes;
(d)
recommend to the Legislature:
(i)
adjustments to minimum accuracy thresholds and camera concentration limits to
be codified in statute; and
(ii)
adjustments for authorizing access to nongovernmental entity license plate reader
data to be codified in statute; and
(e)
develop recommendations to improve license plate reader data collection, processing,
retention, and access practices in order to appropriately balance public safety
objectives with individual privacy and transparency interests.
(3)
The report described in Subsection
(1)
is a protected record under Section
63G-2-305
.
Section 15. Section
77-23g-504
is enacted to read:
77-23g-504
. Annual report from State Commission on Criminal and Juvenile
Justice.
(1)
On or before November 30 of each year, the commission shall provide a report as
described in this section to the Law Enforcement and Criminal Justice Interim
Committee.
(2)
The commission shall include in the report:
(a)
an evaluation of license plate reader technology and accuracy;
(b)
data regarding retention practices and frequency of access of retained data over time;
(c)
data regarding sharing of license plate data among governmental entities and from
private entities;
(d)
an evaluation of administrative burdens and costs with regard to data retention; and
(e)
any other information the commission determines relevant.
(3)
The commission may include in the report recommendations for legislation.
Section 16. Section
77-23g-601
is enacted to read:
6. Penalties and Enforcement Powers of the Attorney General
77-23g-601
. Penalties.
(1)
An individual who knowingly or intentionally uses, or discloses a license plate reader or
processes license plate data in violation of this chapter is guilty of a class B
misdemeanor.
(2)
A governmental entity may take disciplinary action, which may include suspension or
discharge, against any employee of the governmental entity who intentionally violates
any provision of this chapter.
Section 17. Section
77-23g-602
is enacted to read:
77-23g-602
. Enforcement powers of the attorney general.
(1)
Notwithstanding Subsection
77-23g-601(2)
, the attorney general has the exclusive
authority to enforce this chapter.
(2)
The attorney general may initiate an enforcement action against a license plate reader
provider for a violation of this chapter.
(3)
(a)
At least 30 days before the day on which the attorney general initiates an
enforcement action against a license plate reader provider, the attorney general shall
provide the provider:
(i)
written notice identifying each provision of this chapter the attorney general
alleges the controller or processor has violated or is violating; and
(ii)
an explanation of the basis for each allegation.
(b)
The attorney general may not initiate an action if the provider:
(i)
cures the noticed violation within 30 days after the day on which the controller or
processor receives the written notice described in Subsection
(3)(a)
; and
(ii)
provides the attorney general an express written statement that:
(A)
the violation has been cured; and
(B)
no further violation of the cured violation will occur.
(c)
The attorney general may initiate an action against a provider who:
(i)
fails to cure a violation after receiving the notice described in Subsection
(3)(a)
; or
(ii)
after curing a noticed violation and providing a written statement in accordance
with Subsection
(3)(b)
, continues to violate this chapter.
(d)
In an action described in Subsection
(3)(c)
, the attorney general may recover:
(i)
actual damages to the consumer; and
(ii)
for each violation described in Subsection
(3)(c)
, an amount not to exceed $2,500.
Section 18.
Repealer.
Title.
Definitions.
Automatic license plate reader systems -- Restrictions.
Captured plate data -- Preservation and disclosure.
Preservation request.
Penalties.
Section 19.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-18-26 8:48 PM