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26LSO-0379
2026
STATE OF WYOMING
26LSO-0379
Numbered
2.0
HOUSE BILL NO. HB0181
Biometric data and license plate readers-regulation.
Sponsored by: Representative(s) Singh, Andrew and Provenza and Senator(s) Ide, Pearson and Rothfuss
A BILL
for
AN ACT relating to the administration of the government; prohibiting governmental entities from using biometric data to identify a person or verify a person's identity; prohibiting governmental entities from using geolocation data to identify the location of a person or motor vehicle; prohibiting governmental entities from using automatic license plate reader systems to identify motor vehicles or collect fees on highways; prohibiting governmental entities from contracting with third party vendors to use biometric data, geolocation data and automatic license plate reader systems; requiring governmental entities to adopt policies as specified; providing exceptions; providing a civil cause of action; amending the Wyoming Governmental Claims Act; providing definitions; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 1
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39
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125 and 9
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30
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101 through 9
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30
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107 are created to read:
1
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39
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125.
Liability; biometric data, geolocation data and automatic license plate reader systems.
A governmental entity is liable for damages resulting from a violation of W.S. 9
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30
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101 through 9
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30
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107.
CHAPTER 30
PROHIBITION ON USING BIOMETRIC DATA, GEOLOCATION DATA AND AUTOMATIC LICENSE PLATE READER SYSTEMS
9
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30
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101.
Definitions.
(a)
As used in this chapter:
(i)
"Automatic license plate reader system" means a system of one (1) or more mobile or fixed automated high speed cameras used in combination with computer algorithms to convert images of license plates into computer
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readable data that is used to identify a motor vehicle. "Automatic license plate reader system" shall not include a video system equipped on a school bus under W.S. 21
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3
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131(b)(x);
(ii)
"Biometric data" means data generated by measurements or analysis of a person's biological, physical or behavioral characteristics that is used to identify a person or verify a person's identity. "Biometric data" includes a fingerprint, palm print, voiceprint, vocal biomarkers, eye retina or iris scan, hand geometry, facial geometry or templates, facial recognition outputs, gait patterns or rhythms or any other biological, physical or behavioral pattern or characteristic that is used to identify a specific person. "Biometric data" shall not include:
(A)
A physical or digital photograph or data derived or generated from a physical or digital photograph unless the physical or digital photograph is subjected to biometric processing or retained for the purpose of biometric processing at any point for identification or verification purposes;
(B)
A video or audio recording or data derived or generated from a video or audio recording unless the video or audio recording is subjected to biometric processing or retained for the purpose of biometric processing at any point for identification or verification purposes;
(C)
Information collected, used or stored for health care treatment, payment or operations under the federal Health Insurance Portability and Accountability Act;
(D)
Information that cannot be used to identify a person, including anonymized or aggregated information;
(E)
Genetic information, including deoxyribonucleic acid located in the cells, genetic markers or any analysis, profile or data derived from the deoxyribonucleic acid.
(iii)
"Biometric processing" means the application of an algorithm or automated method to derive identifiers or templates from a physical or digital photograph or video or audio recording for the purpose of identifying a person or verifying a person's identity;
(iv)
"Commercial vehicle" means as defined by W.S. 31
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1
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101(a)(i);
(v)
"Geolocation data" means information derived from technology, including an automatic license plate reader system and global positioning system latitude and longitude coordinates or other mechanisms that directly identifies the specific location of a person or motor vehicle within a radius of one thousand seven hundred fifty (1,750) feet. "Geolocation data" shall not include data generated by or connected to utility metering infrastructure systems or equipment for use by a utility;
(vi)
"Governmental entity" means the state and all its political subdivisions, agencies, instrumentalities and institutions and any local government entity and its agencies, instrumentalities and institutions;
(vii)
"Law enforcement agency" means a county, municipal, college or university police force, Wyoming highway patrol, the division of criminal investigation, the department of corrections or any state or local agency or political subdivision or part of an agency or political subdivision to the extent that the primary purpose of the agency or political subdivision, or part thereof, is the prevention or investigation of crime or the enforcement of penal, traffic or criminal laws. "Law enforcement agency" shall not include the office of any city, county or district attorney or other division of the attorney general;
(viii)
"Motor vehicle" means as defined by W.S. 31
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1
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101(a)(xv);
(ix)
"Violent felony" means as defined by W.S. 6
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1
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104(a)(xii).
9
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30
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102.
Prohibition of biometric data, geolocation data and automatic license plate reader systems.
(a)
Except as provided by W.S. 9
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30
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103 and 9
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30
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104, no governmental entity shall:
(i)
Obtain, retain, possess, access, request or use:
(A)
Biometric data to identify a person or verify a person's identity;
(B)
Geolocation data to identify the specific location of a person or motor vehicle; or
(C)
An automatic license plate reader system to identify a motor vehicle.
(ii)
Install or equip an automatic license plate reader system on public buildings or on public roads and highways in this state;
(iii)
Use an automatic license plate reader system to collect tolls, road usage charges, congestion fees or any similar charges or fees imposed on public roads or highways in this state; or
(iv)
Enter into an agreement with a third party vendor to perform any of the activities listed in paragraphs (i) through (iii) of this subsection.
(b)
No governmental entity shall:
(i)
Purchase or subscribe to biometric data, geolocation data or data derived from an automatic license plate reader system from a third party if the governmental entity would be prohibited from collecting the data directly under this chapter or would be required to obtain a warrant to collect the data;
(ii)
Share biometric data, geolocation data or data derived from an automatic license plate reader system to any person outside the governmental entity's jurisdiction, except pursuant to a warrant;
(iii)
Sell or convey biometric data, geolocation data or data derived from an automatic license plate reader system to a private, nongovernmental third party for any reason.
9
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30
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103.
Use of biometric data and geolocation data by law enforcement agencies.
(a)
A law enforcement agency shall only obtain, retain, possess, access, request or use biometric data or geolocation data for one (1) or more of the following purposes:
(i)
Investigating a violent felony when there is probable cause to believe that an unidentified person has committed, is a victim of or is a witness to a violent felony;
(ii)
Assisting in the location or identification of a missing or endangered person; or
(iii)
Assisting in the identification of a person who is deceased or believed to be deceased.
(b)
Except as provided in subsection (c) of this section, a law enforcement agency shall obtain a warrant prior to obtaining biometric data or geolocation data for purposes authorized under subsection (a) of this section.
(c)
A law enforcement agency may obtain biometric data or geolocation data prior to the issuance of a warrant if access to the biometric data or geolocation data will reduce or mitigate an emergency that poses an imminent threat of serious physical harm to a person.
(d)
No law enforcement agency shall use the results of a search using biometric data or geolocation data as the sole basis to establish probable cause in a criminal investigation. The results of a search using biometric data or geolocation data shall be used in conjunction with other information and evidence lawfully obtained by the law enforcement agency to establish probable cause in a criminal investigation.
9
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30
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104.
Use of automatic license plate reader systems.
(a)
A law enforcement agency shall only use an automatic license plate reader system for the purpose of identifying a motor vehicle that is:
(i)
Reported stolen by the motor vehicle's registered owner;
(ii)
Associated with a wanted, deceased, missing or endangered person;
(iii)
Registered to a person that has an outstanding arrest warrant;
(iv)
Involved in a case
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specific criminal investigative surveillance;
(v)
Involved in a violent felony; or
(vi)
In the vicinity of a recent crime and may be connected to that crime.
(b)
Except as provided in subsection (c) of this section, a law enforcement agency shall obtain a warrant prior to using an automatic license plate reader system for purposes authorized under subsection (a) of this section.
(c)
A law enforcement agency may use an automatic license plate reader system prior to the issuance of a warrant if paragraph (a)(i) of this section applies or if using the automatic license plate reader system will reduce or mitigate an emergency that poses an imminent threat of serious physical harm to a person.
(d)
The department of transportation and a law enforcement agency shall only install and use an automatic license plate reader system for the purpose of identifying a motor vehicle:
(i)
At ports of entry;
(ii)
At weigh stations, including weigh station ramps;
(iii)
For violations of commercial vehicle requirements under title 31 of the Wyoming statutes.
(e)
Except as otherwise provided in this section, a governmental entity shall only use an automatic license plate reader system for the sole purpose of identifying a motor vehicle to regulate the use of parking facilities to enforce parking restrictions and to control access to secured areas.
9
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30
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105.
Policies relating to biometric data, geolocation data and automatic license plate reader systems.
(a)
Each governmental entity that obtains, retains, possesses, accesses, requests or uses biometric data, geolocation data or data derived from an automatic license plate reader system as authorized under this chapter shall adopt and maintain a written policy regarding the use of biometric data, geolocation data or an automatic license plate reader system.
(b)
The written policy adopted and maintained by a governmental entity under subsection (a) of this section shall, at a minimum, include:
(i)
A statement regarding the specific purposes for which biometric data, geolocation data or an automatic license plate reader system may be used in accordance with all applicable federal and state laws, including this chapter;
(ii)
A maximum retention period of not more than seven (7) days for biometric data, geolocation data and data derived from an automatic license plate reader system that is not associated with an active investigation or enforcement action and procedures for timely deletion of that data;
(iii)
Access control measures, including role
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based permissions, logging of all access and monthly audits;
(iv)
Restrictions on disclosure or sharing of biometric data, geolocation data and data derived from an automatic license plate reader system;
(v)
Security requirements for storage of biometric data, geolocation data and data derived from an automatic license plate reader system, including encryption and breach notification procedures;
(vi)
The governmental entity's obligations, including compliance with applicable federal and state law, breach notification timelines and certification of data destruction;
(vii)
Mandatory training for all persons involved in obtaining, retaining, possessing, accessing, requesting or using biometric data, geolocation data or data derived from an automatic license plate reader system. The mandatory training under this paragraph shall not be created or administered by a private entity whose business involves collecting biometric data, geolocation data or data derived from an automatic license plate reader system.
9
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30
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106.
Civil cause of action.
A person aggrieved by a violation of this chapter may bring a civil cause of action against a governmental entity for damages, injunctive relief or both in a court of competent jurisdiction.
9
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30
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107.
Evidentiary prohibition.
No biometric data, geolocation data or data derived from an automatic license plate reader system that is accessed in violation of this chapter shall be admissible as evidence in any civil or criminal proceeding, except to prove a violation of this chapter in accordance with W.S. 9
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30
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106.
Section 2.
W.S. 1
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39
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104(a) is amended to read:
1
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39
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104.
Granting immunity from tort liability; liability on contracts; exceptions.
(a)
A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
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39
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105 through 1
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39
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112 and 1
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39
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122 through
1
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39
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124
1
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39
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125
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
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39
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120(b). The claims procedures of W.S. 1
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39
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113 apply to contractual claims against governmental entities.
Section 3
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Nothing in this act shall be construed to modify or impair existing contracts or obligations regarding biometric data, geolocation data or an automatic license plate reader system executed before July 1, 2026.
Section 4
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This act is effective July 1, 2026
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(END)
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HB0181