HB 327

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                          Kristen Chevrier proposes the following substitute bill:
1License Plate Reader and Data Retention Amendments
                                        2026 GENERAL SESSION
                                           STATE OF UTAH
                                     Chief Sponsor: Kristen Chevrier
                                             Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends requirements for the use of automatic license plate readers and processing
6   of license plate data.
7   Highlighted Provisions:
8This bill:
9▸ repeals sections related to license plate readers, and relocates provisions related to license
10   plate readers in the Utah Code;
11▸ defines terms;
12▸ provides authorized uses and purposes for license plate readers and license plate data by
13   governmental entities and law enforcement;
14▸ establishes reporting requirements regarding the use of license plate readers and
15   processing of license plate data;
16▸ creates standards for processing license plate data obtained from a license plate reader
17   including:
                                                                                                        1st Sub. H.B. 327
18●    data security;
19●    data retention; and
20●    data sharing; and
21▸ makes technical changes.
22   Money Appropriated in this Bill:
23None
24   Other Special Clauses:
25None
26   Utah Code Sections Affected:
27   AMENDS:
2853G-8-805, as last amended by Laws of Utah 2025, Chapter 388
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2963G-2-305, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
3072-1-212, as last amended by Laws of Utah 2025, Chapter 452
31   ENACTS:
3277-23g-101, Utah Code Annotated 1953
3377-23g-201, Utah Code Annotated 1953
3477-23g-202, Utah Code Annotated 1953
3577-23g-203, Utah Code Annotated 1953
3677-23g-301, Utah Code Annotated 1953
3777-23g-302, Utah Code Annotated 1953
3877-23g-401, Utah Code Annotated 1953
3977-23g-402, Utah Code Annotated 1953
4077-23g-501, Utah Code Annotated 1953
4177-23g-502, Utah Code Annotated 1953
4277-23g-503, Utah Code Annotated 1953
4377-23g-504, Utah Code Annotated 1953
4477-23g-601, Utah Code Annotated 1953
4577-23g-602, Utah Code Annotated 1953
46   REPEALS:
4741-6a-2001, as enacted by Laws of Utah 2013, Chapter 447
4841-6a-2002, as last amended by Laws of Utah 2024, Chapter 251
4941-6a-2003, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
5041-6a-2004, as last amended by Laws of Utah 2023, Chapter 524
5141-6a-2005, as last amended by Laws of Utah 2023, Chapter 524
5241-6a-2006, as last amended by Laws of Utah 2023, Chapter 524
53
54   Be it enacted by the Legislature of the state of Utah:
55Section 1. Section 53G-8-805 is amended to read:
5653G-8-805 . Panic alert device -- Security cameras -- Key box.
57   (1) As used in this section:
58(a) "Universal access key box" means a UL Standard 1037 compliant secure container
59designed to store and protect emergency access keys and devices.
60(b) "Emergency responder" means law enforcement, fire service, or emergency medical
61personnel authorized by local authorities to respond to school emergencies.
62   (2) In accordance with the results of the school safety needs assessment described in
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63Section 53G-8-701.5, an LEA shall provide the lead teacher in each classroom with a
64wearable panic alert device that shall communicate directly with public safety answering
65points.
66   (3) An LEA shall ensure, before the school year begins, all school building personnel
67receive training on the protocol and appropriate use of the panic alert device described in
68Subsection (2).
69   (4) An LEA shall:
70(a) ensure all security cameras within a school building are accessible by:
71(i) a local law enforcement agency; and
72(ii) public safety answering points;
73(b) coordinate with a local law enforcement agency to establish appropriate access
74protocols; and
75(c) physically mark all hallways and doorways consistent with the incident response
76method or system the state security chief creates.
77   (5) A school building shall include universal access key boxes that:
78(a) are installed at main entry points;
79(b) contain master keys and access devices providing complete access to all areas of the
80school;
81(c) are accessible only to authorized emergency responders;
82(d) are electronically monitored for tampering; and
83(e) are weather-resistant and vandal-resistant.
84   (6) An LEA shall:
85(a) maintain universal access key boxes by:
86(i) conducting quarterly inspections;
87(ii) updating contents within 24 hours of any lock or access control changes;
88(iii) maintaining current key and access device inventories;
89(iv) documenting all inspections and updates; and
90(v) immediately replacing any damaged or malfunctioning boxes;
91(b) coordinate with local emergency responders to:
92(i) determine optimal box placement;
93(ii) establish access protocols;
94(iii) maintain current emergency contact information; and
95(iv) conduct annual reviews of box usage and effectiveness; and
96(c) include universal access key box locations and protocols in:
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97(i) school emergency response plans;
98(ii) building schematic diagrams provided to emergency responders; and
99(iii) school safety and security training materials.
100   (7) The state board shall:
101(a) establish standards for:
102(i) box installation and placement;
103(ii) access control and monitoring;
104(iii) maintenance schedules; and
105(iv) compliance verification;
106(b) in direct coordination with the state security chief, ensure new construction or major
107remodeling of a school building shall include the installation of automated external
108defibrillators in appropriate locations as the state board determines; and
109(c) provide technical assistance to LEAs implementing this section.
110   (8) Nothing in this section:
111(a) affects requirements for fire department key boxes under applicable building or fire
112codes; or
113(b) restricts additional security measures implemented by LEAs that exceed these
114requirements.
115   [(9) This section is not subject to the restrictions in Section 41-6a-2003.]
116Section 2. Section 63G-2-305 is amended to read:
11763G-2-305 . Protected records.
118      The following records are protected if properly classified by a governmental entity:
119   (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
120provided the governmental entity with the information specified in Section 63G-2-309;
121   (2) commercial information or nonindividual financial information obtained from a person
122if:
123(a) disclosure of the information could reasonably be expected to result in unfair
124competitive injury to the person submitting the information or would impair the
125ability of the governmental entity to obtain necessary information in the future;
126(b) the person submitting the information has a greater interest in prohibiting access than
127the public in obtaining access; and
128(c) the person submitting the information has provided the governmental entity with the
129information specified in Section 63G-2-309;
130   (3) commercial or financial information acquired or prepared by a governmental entity to
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131the extent that disclosure would lead to financial speculations in currencies, securities, or
132commodities that will interfere with a planned transaction by the governmental entity or
133cause substantial financial injury to the governmental entity or state economy;
134   (4) records, the disclosure of which could cause commercial injury to, or confer a
135competitive advantage upon a potential or actual competitor of, a commercial project
136entity as defined in Subsection 11-13-103(4);
137   (5) test questions and answers to be used in future license, certification, registration,
138employment, or academic examinations;
139   (6) records, the disclosure of which would impair governmental procurement proceedings
140or give an unfair advantage to any person proposing to enter into a contract or agreement
141with a governmental entity, except, subject to Subsections (1) and (2), that this
142Subsection (6) does not restrict the right of a person to have access to, after the contract
143or grant has been awarded and signed by all parties:
144(a) a bid, proposal, application, or other information submitted to or by a governmental
145entity in response to:
146(i) an invitation for bids;
147(ii) a request for proposals;
148(iii) a request for quotes;
149(iv) a grant; or
150(v) other similar document; or
151(b) an unsolicited proposal, as defined in Section 63G-6a-712;
152   (7) information submitted to or by a governmental entity in response to a request for
153information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
154restrict the right of a person to have access to the information, after:
155(a) a contract directly relating to the subject of the request for information has been
156awarded and signed by all parties; or
157(b)(i) a final determination is made not to enter into a contract that relates to the
158subject of the request for information; and
159(ii) at least two years have passed after the day on which the request for information
160is issued;
161   (8) records that would identify real property or the appraisal or estimated value of real or
162personal property, including intellectual property, under consideration for public
163acquisition before any rights to the property are acquired unless:
164(a) public interest in obtaining access to the information is greater than or equal to the
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165governmental entity's need to acquire the property on the best terms possible;
166(b) the information has already been disclosed to persons not employed by or under a
167duty of confidentiality to the entity;
168(c) in the case of records that would identify property, potential sellers of the described
169property have already learned of the governmental entity's plans to acquire the
170property;
171(d) in the case of records that would identify the appraisal or estimated value of
172property, the potential sellers have already learned of the governmental entity's
173estimated value of the property; or
174(e) the property under consideration for public acquisition is a single family residence
175and the governmental entity seeking to acquire the property has initiated negotiations
176to acquire the property as required under Section 78B-6-505;
177   (9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
178transaction of real or personal property including intellectual property, which, if
179disclosed prior to completion of the transaction, would reveal the appraisal or estimated
180value of the subject property, unless:
181(a) the public interest in access is greater than or equal to the interests in restricting
182access, including the governmental entity's interest in maximizing the financial
183benefit of the transaction; or
184(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
185the value of the subject property have already been disclosed to persons not
186employed by or under a duty of confidentiality to the entity;
187   (10) records created or maintained for civil, criminal, or administrative enforcement
188purposes or audit purposes, or for discipline, licensing, certification, or registration
189purposes, if release of the records:
190(a) reasonably could be expected to interfere with investigations undertaken for
191enforcement, discipline, licensing, certification, or registration purposes;
192(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
193proceedings;
194(c) would create a danger of depriving a person of a right to a fair trial or impartial
195hearing;
196(d) reasonably could be expected to disclose the identity of a source who is not generally
197known outside of government and, in the case of a record compiled in the course of
198an investigation, disclose information furnished by a source not generally known
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199outside of government if disclosure would compromise the source; or
200(e) reasonably could be expected to disclose investigative or audit techniques,
201procedures, policies, or orders not generally known outside of government if
202disclosure would interfere with enforcement or audit efforts;
203   (11) records the disclosure of which would jeopardize the life or safety of an individual;
204   (12) records the disclosure of which would jeopardize the security of governmental
205property, governmental programs, or governmental recordkeeping systems from
206damage, theft, or other appropriation or use contrary to law or public policy;
207   (13) records that, if disclosed, would jeopardize the security or safety of a correctional
208facility, or records relating to incarceration, treatment, probation, or parole, that would
209interfere with the control and supervision of an offender's incarceration, treatment,
210probation, or parole;
211   (14) records that, if disclosed, would reveal recommendations made to the Board of
212Pardons and Parole by an employee of or contractor for the Department of Corrections,
213the Board of Pardons and Parole, or the Department of Health and Human Services that
214are based on the employee's or contractor's supervision, diagnosis, or treatment of any
215person within the board's jurisdiction;
216   (15) records and audit workpapers that identify audit, collection, and operational procedures
217and methods used by the State Tax Commission, if disclosure would interfere with
218audits or collections;
219   (16) records of a governmental audit agency relating to an ongoing or planned audit until
220the final audit is released;
221   (17) records that are subject to the attorney client privilege;
222   (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
223employee, or agent of a governmental entity for, or in anticipation of, litigation or a
224judicial, quasi-judicial, or administrative proceeding;
225   (19)(a)(i) personal files of a state legislator, including personal correspondence to or
226from a member of the Legislature; and
227(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
228legislative action or policy may not be classified as protected under this section;
229and
230(b)(i) an internal communication that is part of the deliberative process in connection
231with the preparation of legislation between:
232(A) members of a legislative body;
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233(B) a member of a legislative body and a member of the legislative body's staff; or
234(C) members of a legislative body's staff; and
235(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
236legislative action or policy may not be classified as protected under this section;
237   (20)(a) records in the custody or control of the Office of Legislative Research and
238General Counsel, that, if disclosed, would reveal a particular legislator's
239contemplated legislation or contemplated course of action before the legislator has
240elected to support the legislation or course of action, or made the legislation or course
241of action public; and
242(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
243Office of Legislative Research and General Counsel is a public document unless a
244legislator asks that the records requesting the legislation be maintained as protected
245records until such time as the legislator elects to make the legislation or course of
246action public;
247   (21) a research request from a legislator to a legislative staff member and research findings
248prepared in response to the request;
249   (22) drafts, unless otherwise classified as public;
250   (23) records concerning a governmental entity's strategy about:
251(a) collective bargaining; or
252(b) imminent or pending litigation;
253   (24) records of investigations of loss occurrences and analyses of loss occurrences that may
254be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
255Uninsured Employers' Fund, or similar divisions in other governmental entities;
256   (25) records, other than personnel evaluations, that contain a personal recommendation
257concerning an individual if disclosure would constitute a clearly unwarranted invasion
258of personal privacy, or disclosure is not in the public interest;
259   (26) records that reveal the location of historic, prehistoric, paleontological, or biological
260resources that if known would jeopardize the security of those resources or of valuable
261historic, scientific, educational, or cultural information;
262   (27) records of independent state agencies if the disclosure of the records would conflict
263with the fiduciary obligations of the agency;
264   (28) records of an institution of higher education defined in Section 53H-1-101 regarding
265tenure evaluations, appointments, applications for admissions, retention decisions, and
266promotions, which could be properly discussed in a meeting closed in accordance with
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267Title 52, Chapter 4, Open and Public Meetings Act, provided that records of the final
268decisions about tenure, appointments, retention, promotions, or those students admitted,
269may not be classified as protected under this section;
270   (29) records of the governor's office, including budget recommendations, legislative
271proposals, and policy statements, that if disclosed would reveal the governor's
272contemplated policies or contemplated courses of action before the governor has
273implemented or rejected those policies or courses of action or made them public;
274   (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
275revenue estimates, and fiscal notes of proposed legislation before issuance of the final
276recommendations in these areas;
277   (31) records provided by the United States or by a government entity outside the state that
278are given to the governmental entity with a requirement that they be managed as
279protected records if the providing entity certifies that the record would not be subject to
280public disclosure if retained by it;
281   (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
282public body except as provided in Section 52-4-206;
283   (33) records that would reveal the contents of settlement negotiations but not including final
284settlements or empirical data to the extent that they are not otherwise exempt from
285disclosure;
286   (34) memoranda prepared by staff and used in the decision-making process by an
287administrative law judge, a member of the Board of Pardons and Parole, or a member of
288any other body charged by law with performing a quasi-judicial function;
289   (35) records that would reveal negotiations regarding assistance or incentives offered by or
290requested from a governmental entity for the purpose of encouraging a person to expand
291or locate a business in Utah, but only if disclosure would result in actual economic harm
292to the person or place the governmental entity at a competitive disadvantage, but this
293section may not be used to restrict access to a record evidencing a final contract;
294   (36) materials to which access must be limited for purposes of securing or maintaining the
295governmental entity's proprietary protection of intellectual property rights including
296patents, copyrights, and trade secrets;
297   (37) the name of a donor or a prospective donor to a governmental entity, including an
298institution of higher education defined in Section 53H-1-101, and other information
299concerning the donation that could reasonably be expected to reveal the identity of the
300donor, provided that:
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301(a) the donor requests anonymity in writing;
302(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
303classified protected by the governmental entity under this Subsection (37); and
304(c) except for an institution of higher education defined in Section 53H-1-101, the
305governmental unit to which the donation is made is primarily engaged in educational,
306charitable, or artistic endeavors, and has no regulatory or legislative authority over
307the donor, a member of the donor's immediate family, or any entity owned or
308controlled by the donor or the donor's immediate family;
309   (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
310   (39) a notification of workers' compensation insurance coverage described in Section
31134A-2-205;
312   (40) subject to Subsections (40)(g) and (h), the following records of an institution of higher
313education defined in Section 53H-1-101, which have been developed, discovered,
314disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
315institution:
316(a) unpublished lecture notes;
317(b) unpublished notes, data, and information:
318(i) relating to research; and
319(ii) of:
320(A) the institution of higher education defined in Section 53H-1-101; or
321(B) a sponsor of sponsored research;
322(c) unpublished manuscripts;
323(d) creative works in process;
324(e) scholarly correspondence; [and]
325(f) confidential information contained in research proposals;
326(g) this Subsection (40) may not be construed to prohibit disclosure of public
327information required [pursuant to] in accordance with Subsection 53H-14-202(2)(a)
328or (b); and
329(h) this Subsection (40) may not be construed to affect the ownership of a record;
330   (41)(a) records in the custody or control of the Office of the Legislative Auditor General
331that would reveal the name of a particular legislator who requests a legislative audit
332prior to the date that audit is completed and made public; and
333(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
334Office of the Legislative Auditor General is a public document unless the legislator
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335asks that the records in the custody or control of the Office of the Legislative Auditor
336General that would reveal the name of a particular legislator who requests a
337legislative audit be maintained as protected records until the audit is completed and
338made public;
339   (42) records that provide detail as to the location of an explosive, including a map or other
340document that indicates the location of:
341(a) a production facility; or
342(b) a magazine;
343   (43) information contained in the statewide database of the Division of Aging and Adult
344Services created by Section 26B-6-210;
345   (44) information contained in the Licensing Information System described in Title 80,
346Chapter 2, Child Welfare Services;
347   (45) information regarding National Guard operations or activities in support of the
348National Guard's federal mission;
349   (46) records provided by any pawn or secondhand business to a law enforcement agency or
350to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
351Merchandise, and Catalytic Converter Transaction Information Act;
352   (47) information regarding food security, risk, and vulnerability assessments performed by
353the Department of Agriculture and Food;
354   (48) except to the extent that the record is exempt from this chapter [pursuant to] in
355accordance with Section 63G-2-106, records related to an emergency plan or program, a
356copy of which is provided to or prepared or maintained by the Division of Emergency
357Management, and the disclosure of which would jeopardize:
358(a) the safety of the general public; or
359(b) the security of:
360(i) governmental property;
361(ii) governmental programs; or
362(iii) the property of a private person who provides the Division of Emergency
363Management information;
364   (49) records of the Department of Agriculture and Food that provides for the identification,
365tracing, or control of livestock diseases, including any program established under Title
3664, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
367of Animal Disease;
368   (50) as provided in Section 26B-2-709:
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369(a) information or records held by the Department of Health and Human Services related
370to a complaint regarding a provider, program, or facility which the department is
371unable to substantiate; and
372(b) information or records related to a complaint received by the Department of Health
373and Human Services from an anonymous complainant regarding a provider, program,
374or facility;
375   (51) unless otherwise classified as public under Section 63G-2-301 and except as provided
376under Section 41-1a-116, an individual's home address, home telephone number, or
377personal mobile phone number, if:
378(a) the individual is required to provide the information in order to comply with a law,
379ordinance, rule, or order of a government entity; and
380(b) the subject of the record has a reasonable expectation that this information will be
381kept confidential due to:
382(i) the nature of the law, ordinance, rule, or order; and
383(ii) the individual complying with the law, ordinance, rule, or order;
384   (52) the portion of the following documents that contains a candidate's residential or
385mailing address, if the candidate provides to the filing officer another address or phone
386number where the candidate may be contacted:
387(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
388described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
38920A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
390(b) an affidavit of impecuniosity, described in Section 20A-9-201; or
391(c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
392   (53) the name, home address, work addresses, and telephone numbers of an individual that
393is engaged in, or that provides goods or services for, medical or scientific research that is:
394(a) conducted within the state system of higher education, as described in Section
39553H-1-102; and
396(b) conducted using animals;
397   (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
398Evaluation Commission concerning an individual commissioner's vote, in relation to
399whether a judge meets or exceeds minimum performance standards under Subsection
40078A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
401   (55) information collected and a report prepared by the Judicial Performance Evaluation
402Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
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403Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
404public, the information or report;
405   (56) records provided or received by the Public Lands Policy Coordinating Office in
406furtherance of any contract or other agreement made in accordance with Section
40763L-11-202;
408   (57) information requested by and provided to the 911 Division under Section 63H-7a-302;
409   (58) in accordance with Section 73-10-33:
410(a) a management plan for a water conveyance facility in the possession of the Division
411of Water Resources or the Board of Water Resources; or
412(b) an outline of an emergency response plan in possession of the state or a county or
413municipality;
414   (59) the following records in the custody or control of the Office of Inspector General of
415Medicaid Services, created in Section 63A-13-201:
416(a) records that would disclose information relating to allegations of personal
417misconduct, gross mismanagement, or illegal activity of a person if the information
418or allegation cannot be corroborated by the Office of Inspector General of Medicaid
419Services through other documents or evidence, and the records relating to the
420allegation are not relied upon by the Office of Inspector General of Medicaid
421Services in preparing a final investigation report or final audit report;
422(b) records and audit workpapers to the extent they would disclose the identity of a
423person who, during the course of an investigation or audit, communicated the
424existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
425violation of a law, rule, or regulation adopted under the laws of this state, a political
426subdivision of the state, or any recognized entity of the United States, if the
427information was disclosed on the condition that the identity of the person be
428protected;
429(c) before the time that an investigation or audit is completed and the final investigation
430or final audit report is released, records or drafts circulated to a person who is not an
431employee or head of a governmental entity for the person's response or information;
432(d) records that would disclose an outline or part of any investigation, audit survey plan,
433or audit program; or
434(e) requests for an investigation or audit, if disclosure would risk circumvention of an
435investigation or audit;
436   (60) records that reveal methods used by the Office of Inspector General of Medicaid
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437Services, the fraud unit, or the Department of Health and Human Services, to discover
438Medicaid fraud, waste, or abuse;
439   (61) information provided to the Department of Health and Human Services or the Division
440of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
44158-68-304(3) and (4);
442   (62) a record described in Section 63G-12-210;
443   (63) captured plate data that is obtained through an automatic license plate reader system
444used by a governmental entity as authorized in [Section 41-6a-2003] Title 77, Chapter
44523g, Automatic License Plate Reader Act;
446   (64) an audio or video recording created by a body-worn camera, as that term is defined in
447Section 77-7a-103, that records sound or images inside a hospital or health care facility
448as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
449as that term is defined in Section 78B-3-403, or inside a human service program as that
450term is defined in Section 26B-2-101, except for recordings that:
451(a) depict the commission of an alleged crime;
452(b) record any encounter between a law enforcement officer and a person that results in
453death or bodily injury, or includes an instance when an officer fires a weapon;
454(c) record any encounter that is the subject of a complaint or a legal proceeding against a
455law enforcement officer or law enforcement agency;
456(d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
457or
458(e) have been requested for reclassification as a public record by a subject or authorized
459agent of a subject featured in the recording;
460   (65) a record pertaining to the search process for a president of an institution of higher
461education described in Section 53H-3-302;
462   (66) an audio recording that is:
463(a) produced by an audio recording device that is used in conjunction with a device or
464piece of equipment designed or intended for resuscitating an individual or for treating
465an individual with a life-threatening condition;
466(b) produced during an emergency event when an individual employed to provide law
467enforcement, fire protection, paramedic, emergency medical, or other first responder
468service:
469(i) is responding to an individual needing resuscitation or with a life-threatening
470condition; and
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02-18 20:48  1st Sub. (Buff) H.B. 327
471(ii) uses a device or piece of equipment designed or intended for resuscitating an
472individual or for treating an individual with a life-threatening condition; and
473(c) intended and used for purposes of training emergency responders how to improve
474their response to an emergency situation;
475   (67) records submitted by or prepared in relation to an applicant seeking a recommendation
476by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
477Legislative Audit Subcommittee, established under Section 36-12-8, for an employment
478position with the Legislature;
479   (68) work papers as defined in Section 31A-2-204;
480   (69) a record made available to Adult Protective Services or a law enforcement agency
481under Section 61-1-206;
482   (70) a record submitted to the Insurance Department in accordance with Section
48331A-37-201;
484   (71) a record described in Section 31A-37-503;
485   (72) any record created by the Division of Professional Licensing as a result of Subsection
48658-37f-304(5) or 58-37f-702(2)(a)(ii);
487   (73) a record described in Section 72-16-306 that relates to the reporting of an injury
488involving an amusement ride;
489   (74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
490political petition, or on a request to withdraw a signature from a political petition,
491including a petition or request described in the following titles:
492(a) Title 10, Utah Municipal Code;
493(b) Title 17, Counties;
494(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
495(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
496(e) Title 20A, Election Code;
497   (75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
498voter registration record;
499   (76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
500described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
501political subdivision collected or held under, or in relation to, Title 20A, Election Code;
502   (77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
503Victims Guidelines for Prosecutors Act;
504   (78) a record submitted to the Insurance Department under Section 31A-48-103;
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1st Sub. (Buff) H.B. 327  02-18 20:48
505   (79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
506prohibited under Section 63G-26-103;
507   (80) an image taken of an individual during the process of booking the individual into jail,
508unless:
509(a) the individual is convicted of a criminal offense based upon the conduct for which
510the individual was incarcerated at the time the image was taken;
511(b) a law enforcement agency releases or disseminates the image:
512(i) after determining that the individual is a fugitive or an imminent threat to an
513individual or to public safety and releasing or disseminating the image will assist
514in apprehending the individual or reducing or eliminating the threat; or
515(ii) to a potential witness or other individual with direct knowledge of events relevant
516to a criminal investigation or criminal proceeding for the purpose of identifying or
517locating an individual in connection with the criminal investigation or criminal
518proceeding;
519(c) a judge orders the release or dissemination of the image based on a finding that the
520release or dissemination is in furtherance of a legitimate law enforcement interest; or
521(d) the image is displayed to a person who is permitted to view the image under Section
52217-72-802;
523   (81) a record:
524(a) concerning an interstate claim to the use of waters in the Colorado River system;
525(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
526representative from another state or the federal government as provided in Section
52763M-14-205; and
528(c) the disclosure of which would:
529(i) reveal a legal strategy relating to the state's claim to the use of the water in the
530Colorado River system;
531(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
532negotiate the best terms and conditions regarding the use of water in the Colorado
533River system; or
534(iii) give an advantage to another state or to the federal government in negotiations
535regarding the use of water in the Colorado River system;
536   (82) any part of an application described in Section 63N-16-201 that the Governor's Office
537of Economic Opportunity determines is nonpublic, confidential information that if
538disclosed would result in actual economic harm to the applicant, but this Subsection (82)
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02-18 20:48  1st Sub. (Buff) H.B. 327
539may not be used to restrict access to a record evidencing a final contract or approval
540decision;
541   (83) the following records of a drinking water or wastewater facility:
542(a) an engineering or architectural drawing of the drinking water or wastewater facility;
543and
544(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
545drinking water or wastewater facility uses to secure, or prohibit access to, the records
546described in Subsection (83)(a);
547   (84) a statement that an employee of a governmental entity provides to the governmental
548entity as part of the governmental entity's personnel or administrative investigation into
549potential misconduct involving the employee if the governmental entity:
550(a) requires the statement under threat of employment disciplinary action, including
551possible termination of employment, for the employee's refusal to provide the
552statement; and
553(b) provides the employee assurance that the statement cannot be used against the
554employee in any criminal proceeding;
555   (85) any part of an application for a Utah Fits All Scholarship account described in Section
55653F-6-402 or other information identifying a scholarship student as defined in Section
55753F-6-401;
558   (86) a record:
559(a) concerning a claim to the use of waters in the Great Salt Lake;
560(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
561person concerning the claim, including a representative from another state or the
562federal government; and
563(c) the disclosure of which would:
564(i) reveal a legal strategy relating to the state's claim to the use of the water in the
565Great Salt Lake;
566(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
567and conditions regarding the use of water in the Great Salt Lake; or
568(iii) give an advantage to another person including another state or to the federal
569government in negotiations regarding the use of water in the Great Salt Lake;
570   (87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
571reclassified as public as described in Subsection 13-2-11(4);
572   (88) a record of the Utah water agent, appointed under Section 73-10g-702:
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573(a) concerning a claim to the use of waters;
574(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
575representative from another state, a tribe, the federal government, or other
576government entity as provided in Title 73, Chapter 10g, Part 7, Utah Water Agent;
577and
578(c) the disclosure of which would:
579(i) reveal a legal strategy relating to the state's claim to the use of the water;
580(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
581regarding the use of water; or
582(iii) give an advantage to another state, a tribe, the federal government, or other
583government entity in negotiations regarding the use of water; and
584   (89) a record created or maintained for an investigation of the Prosecutor Conduct
585Commission, created in Section 63M-7-1102, that contains any personal identifying
586information of a prosecuting attorney, including:
587(a) a complaint, or a document that is submitted or created for a complaint, received by
588the Prosecutor Conduct Commission; or
589(b) a finding by the Prosecutor Conduct Commission.
590Section 3. Section 72-1-212 is amended to read:
59172-1-212 . Special use permitting -- Rulemaking.
592   (1) As used in this section:
593(a) "Law enforcement agency" means the same as that term is defined in Section
59453-1-102.
595(b) "Special use permit" means a permit issued:
596(i) for a special use or a special event that takes place on a highway; or
597(ii) to a law enforcement agency to install an automatic license plate reader on a state
598highway for the purpose of capturing license plate data of vehicles traveling on a
599state highway, regardless of whether the device is installed on property owned by
600the department or the law enforcement agency.
601   (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in
602consultation with representatives of the Utah League of Cities and Towns and the Utah
603Association of Counties, the department shall make rules that are not inconsistent with
604this chapter or the constitution and laws of this state or of the United States governing
605the issuance of a special use permit to maintain public safety and serve the needs of the
606traveling public.
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02-18 20:48  1st Sub. (Buff) H.B. 327
607   (3) The rules described in Subsection (2) may:
608(a) establish the highways for which the highest number of special use permits are
609issued;
610(b) develop, in consultation with municipalities, a limit on the number of special use
611permits that may be issued in any calendar year on a particular highway;
612(c) require a person to submit an application designated by the department before the
613department issues a special use permit;
614(d) limit the number of special use permits issued on any one day for any specified
615location based on a first-come, first-served basis for completed applications;
616(e) establish criteria for evaluating completed applications, such as historic use, potential
617economic benefit, or other relevant factors;
618(f) specify conditions that are required to be met before a special use permit may be
619issued;
620(g) establish a penalty for failure to fulfill conditions required by the special use permit,
621including suspension of the special use permit or suspension of a future special use
622permit;
623(h) require an applicant to obtain insurance for certain special uses or special events; or
624(i) provide other requirements to maintain public safety and serve the needs of the
625traveling public.
626   (4) The limit on the number of special use permits described in Subsection (3)(b) may not
627include:
628(a) a special use permit issued for a municipality-sponsored special use or special event
629on a highway within the jurisdiction of the municipality; or
630(b) a special use permit issued to a law enforcement agency to install a device as part of
631an automatic license plate reader system authorized by Section [41-6a-2003]
63277-23g-301.
633   (5) The rules described in Subsection (2) shall consider:
634(a) traveler safety and mobility;
635(b) the safety of special use or special event participants;
636(c) emergency access;
637(d) the mobility of residents close to the event or use;
638(e) access and economic impact to businesses affected by changes to the normal
639operation of highway traffic;
640(f) past performance of an applicant's adherence to special use permit requirements; and
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1st Sub. (Buff) H.B. 327  02-18 20:48
641(g) whether a law enforcement agency applying for a special use permit has published a
642policy online as required by Section [41-6a-2003] 77-23g-302.
643   (6) Notwithstanding any other provision of this chapter, the department may also require a
644law enforcement agency applying for a special use permit described in this section to
645obtain an encroachment permit.
646   (7) The department shall adopt a fee schedule in accordance with Section 63J-1-504 that
647reflects the cost of services provided by the department associated with special use
648permits and with special uses or special events that take place on a highway.
649   (8) For a device installed in accordance with Section [41-6a-2003] 77-23g-301, the
650installation, maintenance, data collection, and removal are the responsibility of the law
651enforcement agency that obtains the special use permit.
652   (9)(a) The department shall preserve a record of special use permits issued to a law
653enforcement agency, including the stated purpose for each permit.
654(b) The department shall preserve a record identified in Subsection (9)(a) for at least five
655years.
656Section 4. Section 77-23g-101 is enacted to read:
657CHAPTER 23g. Automatic License Plate Reader Act
658Part 1. Automatic License Plate Reader Act
65977-23g-101 . Definitions.
660      As used in this chapter:
661   (1) "Aggregated license plate data" means de-identified license plate data created by:
662(a) combining multiple sets of license plate data; and
663(b) removing any information that relates to an identified or identifiable individual.
664   (2) "Anonymized" means the same as that term is defined in Section 63A-19-101.
665   (3) "Commission" means the State Commission on Criminal and Juvenile Justice created in
666Section 63M-7-201.
667   (4) "Department" means the Department of Transportation created in Section 72-1-201.
668   (5) "Facial recognition" means the process of comparing an individual's image to an image
669database for the purpose of identifying an individual.
670   (6) "Fixed license plate reader" means a license plate reader that remains in a stationary
671location and is only able to obtain license plate data that passes within view of the
672license plate reader.
673   (7) "Government website" means the same as that term is defined in Section 63A-19-101.
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02-18 20:48  1st Sub. (Buff) H.B. 327
674   (8)(a) "Governmental entity" means the same as that term is defined in Section
67563G-2-103.
676(b) "Governmental entity" includes:
677(i) a law enforcement agency, unless otherwise specified; and
678(ii) an individual or entity acting as an agent of a governmental entity or acting on
679behalf of a governmental entity.
680   (9) "Historical license plate data" means license plate data retained by a license plate reader
681provider as described in Section 77-23g-501.
682   (10) "Hotlist" means a list or database containing information related to a vehicle believed
683to be involved in criminal activity that is compared to license plate data to generate an
684alert when the vehicle is identified.
685   (11) "Identify" or "identifying" means to search and review data captured by a license plate
686reader to determine potential vehicles of interest in connection with:
687(a) an active criminal investigation; or
688(b) an authorized law enforcement use described in Section 77-23g-301.
689   (12)(a) "Law enforcement agency" means the same as that term is defined in Section
69053-1-102.
691(b) "Law enforcement agency" includes a law enforcement officer as defined in Section
69253-13-103.
693   (13)(a) "License plate data" means any information collected by a license plate reader.
694(b) "License plate data" includes:
695(i) information displayed on a license plate;
696(ii) images of a vehicle or a license plate;
697(iii) the date and time the image was captured; and
698(iv) the global positioning system coordinates for the vehicle's location when the
699image was captured.
700   (14) "License plate reader" means a computerized system of:
701(a) automated high-speed cameras used to capture license plate data; and
702(b) optical character recognition software that coverts the license plate data into
703computer-readable data.
704   (15) "License plate reader provider" means an individual or entity who:
705(a) provides or sells license plate readers to a governmental entity; and
706(b) processes license plate data on behalf of the governmental entity.
707   (16) "Locate" or "locating" means to use captured plate data to determine the last known
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1st Sub. (Buff) H.B. 327  02-18 20:48
708location of a known vehicle in connection with:
709(a) an active criminal investigation; or
710(b) an authorized law enforcement use described in Section 77-23g-301.
711   (17) "Mobile license plate reader" means a license plate reader attached to a vehicle which
712captures license plate data while the vehicle is moving or stationary.
713   (18) "Nongovernmental entity" means an individual or entity that is not a governmental
714entity.
715   (19) "Parking enforcement entity" means a governmental entity that is primarily responsible
716for:
717(a) enforcing state and local parking regulations; or
718(b) regulating the use of a parking facility.
719   (20) "Process" means the same as that term is defined in Section 63A-19-101.
720   (21) "Public transit district" means the same as that term is defined in Section 17B-2a-802.
721   (22) "Secured area" means an area, enclosed by clear boundaries, to which access is limited
722and not open to the public and entry is only obtainable through specific access-control
723points.
724   (23) "State cooperative contract" means the same as that term is defined in Section
72563G-6a-103.
726   (24)(a) "Track" means the monitoring of geolocation information sufficient to determine
727the continuous movements of a vehicle of interest over a period greater than 72 hours
728after the vehicle was identified as a vehicle of interest.
729(b) "Track" does not include the use of a hotlist alert to locate a vehicle of interest in
730order to take immediate enforcement action upon receipt of the alert or a search of
731historic license plate reader data.
732   (25) "Utah Inland Port Authority" means the Utah Inland Port Authority created in Section
73311-58-201.
734Section 5. Section 77-23g-201 is enacted to read:
735Part 2. Requirements for Automatic License Plate Readers and Providers
73677-23g-201 . Governmental entity requirements -- Restrictions.
737   (1) A governmental entity may only use a license plate reader or process license plate data
738for a purpose described Section 77-23g-301 or Section 77-23g-401.
739   (2) A governmental entity authorized to use a license plate reader or process license plate
740data under this chapter shall:
741(a) process the minimum amount of license plate data reasonably necessary to effectuate
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02-18 20:48  1st Sub. (Buff) H.B. 327
742a purpose described in Section 77-23g-301 or Section 77-23g-401;
743(b) require all employees of the governmental entity who use a license plate reader or
744process license plate data to receive training on:
745(i) the requirements of this chapter; and
746(ii) the governmental entity's policies regarding the use of a license plate reader or
747processing of license plate data;
748(c) annually conduct an internal audit to ensure compliance with this chapter; and
749(d) prominently post, on the governmental entity's government website, a public notice
750that describes:
751(i) the governmental entity's purpose for using a license plate reader or processing
752license plate data;
753(ii) a citation to this chapter and a description of the authorization for the
754governmental entity to use a license plate reader or process license plate data; and
755(iii) the retention period for the license plate data.
756   (3) A governmental entity may not use a license plate reader or process license plate data to:
757(a) conduct facial recognition;
758(b) target an individual based on the individual's exercise of rights protected by the First
759Amendment of the United States Constitution; or
760(c) discriminate against an individual based on the individual's race, color, religion, sex,
761national origin, age, disability, or genetic information.
762Section 6. Section 77-23g-202 is enacted to read:
76377-23g-202 . License plate reader provider requirements -- Restrictions.
764   (1) A license plate reader provider shall:
765(a) act with a duty of loyalty and care with respect to license plate data processed on
766behalf of the state or a governmental entity, including an obligation to act in the best
767interests of the state and the individuals whose data is processed;
768(b) ensure that all license plate data is encrypted or otherwise rendered unusable,
769unreadable, or indecipherable to an unauthorized individual through a security
770technology or methodology generally accepted in the field of information security;
771(c) on or before May 31, 2027, for a license plate reader provider that begins operation
772or is already operational for a state or governmental entity, obtain an evaluation,
773conducted by an independent third party, regarding the accuracy of the license plate
774reader that evaluates, at a minimum:
775(i) character-level accuracy;
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776(ii) full-plate accuracy;
777(iii) false positive rate for hotlist and alert matching; and
778(iv) error rates, disaggregated by plate type, plate jurisdiction, and video and imaging
779conditions;
780(d) obtain a new or updated evaluation, conducted by an independent third party,
781whenever the license plate reader provider implements a material change to the
782license plate reader system that may reasonably be expected to impact accuracy,
783including changes to:
784(i) hardware components or camera specifications;
785(ii) optical character recognition, machine learning, or other recognition algorithms;
786(iii) data processing, filtering, confidence scoring, or matching logic;
787(iv) environmental or operational configurations that materially affect capture or
788recognition performance; or
789(v) any other system modification identified by the provider or evaluator as affecting
790accuracy;
791(e) ensure that license plate provider systems sold to governmental entities in this state
792obtain and maintain, at a minimum, across video and image conditions:
793(i) 90% character-level accuracy;
794(ii) 90% full-plate accuracy;
795(iii) 10% or lower false positive rate for hotlist and alert matching;
796(iv) 10% or lower error rate for license plate type identification; and
797(v) 10% or lower error rate for license plate jurisdiction identification;
798(f) provide the evaluation described in Subsection (1)(c) or (1)(d) to:
799(i) the Division of Purchasing and General Services created in Section 63A-2-101, if
800the license plate reader provider has entered into a state cooperative contract to
801provide license plate readers to or process license plate data on behalf of a
802governmental entity; or
803(ii) a governmental entity that has directly entered into a contract with a license plate
804reader provider that is not based upon a state cooperative contract to provide
805license plate readers or process license plate data; and
806(g) dispose of license plate reader data in accordance with the appropriate retention
807schedule.
808   (2) A license plate reader provider may only:
809(a) process license plate data captured by a license plate reader owned or operated by a
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02-18 20:48  1st Sub. (Buff) H.B. 327
810governmental entity for a purpose described in Section 77-23g-301 or Section
81177-23g-401;
812(b) process license plate data from within the United States; and
813(c) share license plate data captured by a license plate reader owned or operated by a
814governmental entity:
815(i) in accordance with the requirements in Section 77-23g-502; and
816(ii) if authorized by the governmental entity.
817   (3) A license plate reader provider may not sell or profit from license plate data captured by
818a license plate reader owned or operated by a governmental entity.
819   (4) A license plate reader provider shall ensure that the license plate reader system
820automatically collects, maintains, and is capable of generating an annual report
821containing, at a minimum, the following information for each law enforcement agency
822and government entity using the system during the reporting period:
823(a) the number of license plate readers used, including:
824(i) fixed license plate readers, organized by zip code; and
825(ii) mobile license plate readers;
826(b) the specific location of fixed position license plate readers used by latitude and
827longitude coordinates;
828(c) the number of vehicles from which license plate data was obtained;
829(d) the number of alerts generated by a hotlist;
830(e) the number of searches conducted on license plate data, including for each search:
831(i) the date and time of the search;
832(ii) the stated purpose of the search;
833(iii) the associated case number, if applicable; and
834(iv) the identifier of the user performing the search; and
835(f) for a law enforcement agency, the number of warrants obtained and provided to the
836license plate reader provided for license plate data originating from a
837nongovernmental entity.
838   (5) A license plate reader provider shall:
839(a) provide a standardized query, export, or dashboard capability that allows the law
840enforcement agency or governmental entity to generate the report without manual
841data entry; and
842(b) provide the report described in Subsection (4) to the commission as described in
843Section 77-23g-503.
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844Section 7. Section 77-23g-203 is enacted to read:
84577-23g-203 . Hotlist requirements.
846   (1) A governmental entity may:
847(a) compare license plate data to a hotlist to generate a real-time alert only:
848(i) for a purpose described in Section 77-23g-301 or Section 77-23g-401; and
849(ii) if the hotlist used to generate an alert is updated at least once every 24 hours; and
850(b) add vehicle or license plate information to a hotlist only if:
851(i) the vehicle or license plate information relates to an authorized purpose described
852in Section 77-23g-301 or Section 77-23g-401; and
853(ii) the governmental entity has adopted the policy of the Utah Criminal Justice
854Information System or the governmental entity's own policy that describes the
855criteria and procedure for adding vehicle or license plate information to a hotlist.
856   (2) A law enforcement agency may stop a vehicle or engage an occupant of a vehicle based
857on a hotlist alert only if:
858(a) the hotlist alert is related to an authorized law enforcement purpose described in
859Section 77-23g-301; and
860(b) the law enforcement agency reasonably attempts to confirm, before stopping the
861vehicle or engaging the occupant, that the vehicle or occupant matches the
862information described in the hotlist.
863Section 8. Section 77-23g-301 is enacted to read:
864Part 3. Law Enforcement Use of Automatic License Plate Readers
86577-23g-301 . Authorized law enforcement purposes.
866   (1) A law enforcement agency may only use a license plate reader or process license plate
867data as authorized in this section.
868   (2) If a law enforcement agency has developed reasonable articulable suspicion that
869criminal activity is occurring or has occurred, the law enforcement agency may conduct
870a historical search of license plate data or use a hotlist to generate an alert for the
871purpose of:
872(a) identifying a vehicle that may have been involved in the criminal activity; or
873(b) determining where a vehicle believed to be involved in the criminal activity
874previously traveled.
875   (3) Notwithstanding the requirements of Subsection (2), a law enforcement agency may
876conduct a historical search of license plate data or use a hotlist to generate an alert for
877the purpose of:
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02-18 20:48  1st Sub. (Buff) H.B. 327
878(a) locating:
879(i) a stolen vehicle; or
880(ii) a missing or endangered individual; or
881(b) apprehending an individual with an outstanding criminal warrant.
882   (4) In addition to the uses authorized in Subsection (2), a law enforcement agency may use
883a mobile license plate reader to:
884(a) verify valid vehicle registration information; or
885(b) verify vehicle insurance information.
886Section 9. Section 77-23g-302 is enacted to read:
88777-23g-302 . Law enforcement restrictions.
888   (1) A law enforcement agency may not use a license plate reader or process license plate
889data to:
890(a) track a vehicle's continuous movements, unless the law enforcement agency has
891obtained a state or federal warrant based upon a showing of probable cause that the
892vehicle, the driver, or the registered owner are relevant and material to an existing
893open and active criminal investigation; or
894(b) establish reasonable suspicion that a crime has occurred or is occurring.
895   (2) A law enforcement agency may only process license plate data captured by a license
896plate reader owned or operated by a nongovernmental entity:
897(a) if the law enforcement agency:
898(i) processes the nongovernmental entity's license plate data for an authorized
899purpose described in Section 77-23g-301; and
900(ii) has obtained a state or federal warrant authorizing the use of the nongovernmental
901entity's license plate data; or
902(b) without a warrant, if:
903(i) in an exigent circumstance:
904(A) the law enforcement agency believes processing the nongovernmental entity's
905license plate data is necessary to prevent serious harm to an individual; and
906(B) the nongovernmental entity consents to the law enforcement agency's
907processing of the nongovernmental entity's license plate data; or
908(ii) in a circumstance that is not an exigent circumstance:
909(A) the license plate data was captured by a license plate reader not owned by a
910governmental entity;
911(B) the data relates to a specific criminal incident that occurred in a location
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912observable from or on the premises where the license plate reader is located;
913(C) the nongovernmental entity voluntarily consents, on a per-incident basis, to
914provide only the specific footage or data reasonably related to that incident; and
915(D) the disclosure does not provide the law enforcement agency with ongoing
916access to the nongovernmental entity's license plate reader system or historical
917database beyond the specific incident.
918   (3) A fixed license plate reader may only be placed on a state highway if:
919(a) a law enforcement agency has obtained a special use permit as described in Section
92072-1-212 from the department; and
921(b) the special use permit is prominently posted on the law enforcement agency's
922government website.
923Section 10. Section 77-23g-401 is enacted to read:
924Part 4. Governmental Entity Use of Automatic License Plate Readers
92577-23g-401 . Authorized governmental entity purposes.
926   (1) A governmental entity that is not a law enforcement agency may only use a license plate
927reader or process license plate data as described in this section.
928   (2) A parking enforcement entity may only use a license plate reader or process license
929plate data for the purpose of:
930(a) enforcing state and local parking regulations; or
931(b) regulating a parking facility.
932   (3) A government entity that maintains a secured area may only use a license plate reader or
933process license plate data for the purpose of controlling access to the secured area.
934   (4) The department may only use a license plate reader or process license plate data for the
935purpose of:
936(a) collecting an electronic toll on a highway as described in Section 72-6-118; or
937(b) enforcing motor carrier laws.
938   (5) A public transit district may only use a license plate reader or process license plate data
939for the purpose of assessing parking needs or conducting a travel pattern analysis.
940   (6) An educational institution within the Utah System of Higher Education described in
941Section 53B-1-102 may only use a license plate reader or process license plate data if
942the license plate data:
943(a) is anonymized; and
944(b) is used for research and educational purposes.
945   (7) The Utah Inland Port Authority, or a contractor of the Utah Inland Port Authority, may
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02-18 20:48  1st Sub. (Buff) H.B. 327
946only use a license plate reader or process license plate data for the purpose of improving
947supply chain efficiency or the efficiency of the movement of goods and analyzing and
948researching data related to commercial vehicle traffic if:
949(a) the Utah Inland Port Authority's board has approved the use of a license plate reader;
950(b) the license plate reader is only used within a project area of the Utah Inland Port
951Authority; and
952(c) the license plate data is anonymized.
953   (8) An international airport may only use a license plate reader or process license plate data
954for the purpose of promoting efficient regulation and implementation of traffic control
955and direction, parking, security, and other similar operational objectives on the airport
956campus.
957Section 11. Section 77-23g-402 is enacted to read:
95877-23g-402 . Governmental entity restrictions.
959      A governmental entity that is not a law enforcement agency may not process license
960   plate data captured by a license plate reader owned or operated by a nongovernmental entity.
961Section 12. Section 77-23g-501 is enacted to read:
962Part 5. Disclosure of License Plate Data
96377-23g-501 . License plate data -- Retention.
964   (1) Except as provided in this section, a governmental entity that uses a license plate reader
965shall delete or destroy, in a manner that makes the data unrecoverable, the license plate
966data within 150 days from the date on which the license plate data was captured.
967   (2) A governmental entity may retain license plate data beyond 150 days:
968(a) for criminal matters, if the license plate data:
969(i) is intended to be used as evidence in an ongoing criminal investigation or
970prosecution; and
971(ii) is retained in accordance with Title 77, Chapter 11c, Retention of Evidence; or
972(b) for civil matters, if the license plate data is:
973(i) related to an ongoing civil enforcement action; and
974(ii) retained in accordance with the Utah Rules of Civil Procedure.
975   (3) For license plate data used by the department for the purposes described in Section
97672-6-118, the department:
977(a) is exempt from the 150-day preservation requirement described in Subsection (1); and
978(b) shall delete or destroy the license plate data, in a manner that makes the data
979unrecoverable, as soon as reasonably possible.
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980   (4) A governmental entity may retain aggregated license plate data beyond 150 days for
981planning and statistical purposes.
982Section 13. Section 77-23g-502 is enacted to read:
98377-23g-502 . Disclosure of license plate data.
984   (1) License plate data captured by a license plate reader owned or operated by a
985governmental entity:
986(a) is a protected record in accordance with Section 63G-2-305; and
987(b) may not be shared with or disclosed to a nongovernmental entity.
988   (2) A governmental entity may only share license plate date captured by a license plate
989reader owned or operated by the governmental entity:
990(a) in accordance with the sharing provisions in Section 63G-2-206;
991(b) for an authorized purpose described in Section 77-23g-301 or Section 77-23g-401;
992(c) if the receiving entity performs the same or similar duties as the sharing entity; and
993(d) the sharing entity enters into a data sharing agreement with the receiving entity
994whereby the receiving entity agrees to:
995(i) comply with the requirements in this chapter; and
996(ii) only use the license plate data for an authorized purpose described in Section
99777-23g-301 or Section 77-23g-401.
998   (3) A court may order the disclosure of license plate data in a criminal or civil matter if the
999court finds that the license plate data is relevant and material to an ongoing
1000  investigation, prosecution, or enforcement action.
1001  Section 14. Section 77-23g-503 is enacted to read:
1002  77-23g-503 . Report on the disclosure of license plate data.
1003     (1) Beginning on or before December 31, 2027, and on or before December 31 of each
1004  subsequent year, the commission shall receive from each license plate reader provider
1005  the reports described in Subsection 77-23g 202(4).
1006     (2) The commission shall:
1007  (a) review and analyze reports received from license plate reader providers;
1008  (b) evaluate the geographic concentration, placement, and density of license plate reader
1009  cameras;
1010  (c) assess the minimum accuracy standards that license plate reader systems must meet
1011  to be used for law enforcement and governmental entity purposes;
1012  (d) recommend to the Legislature:
1013  (i) adjustments to minimum accuracy thresholds and camera concentration limits to
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1014  be codified in statute; and
1015  (ii) adjustments for authorizing access to nongovernmental entity license plate reader
1016  data to be codified in statute; and
1017  (e) develop recommendations to improve license plate reader data collection, processing,
1018  retention, and access practices in order to appropriately balance public safety
1019  objectives with individual privacy and transparency interests.
1020     (3) The report described in Subsection (1) is a protected record under Section 63G-2-305.
1021  Section 15. Section 77-23g-504 is enacted to read:
1022  77-23g-504 . Annual report from State Commission on Criminal and Juvenile
1023     Justice.
1024     (1) On or before November 30 of each year, the commission shall provide a report as
1025  described in this section to the Law Enforcement and Criminal Justice Interim
1026  Committee.
1027     (2) The commission shall include in the report:
1028  (a) an evaluation of license plate reader technology and accuracy;
1029  (b) data regarding retention practices and frequency of access of retained data over time;
1030  (c) data regarding sharing of license plate data among governmental entities and from
1031  private entities;
1032  (d) an evaluation of administrative burdens and costs with regard to data retention; and
1033  (e) any other information the commission determines relevant.
1034     (3) The commission may include in the report recommendations for legislation.
1035  Section 16. Section 77-23g-601 is enacted to read:
1036  Part 6. Penalties and Enforcement Powers of the Attorney General
1037  77-23g-601 . Penalties.
1038     (1) An individual who knowingly or intentionally uses, or discloses a license plate reader or
1039  processes license plate data in violation of this chapter is guilty of a class B
1040  misdemeanor.
1041     (2) A governmental entity may take disciplinary action, which may include suspension or
1042  discharge, against any employee of the governmental entity who intentionally violates
1043  any provision of this chapter.
1044  Section 17. Section 77-23g-602 is enacted to read:
1045  77-23g-602 . Enforcement powers of the attorney general.
1046     (1) Notwithstanding Subsection 77-23g-601(2), the attorney general has the exclusive
1047  authority to enforce this chapter.
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1048     (2) The attorney general may initiate an enforcement action against a license plate reader
1049  provider for a violation of this chapter.
1050     (3)(a) At least 30 days before the day on which the attorney general initiates an
1051  enforcement action against a license plate reader provider, the attorney general shall
1052  provide the provider:
1053  (i) written notice identifying each provision of this chapter the attorney general
1054  alleges the controller or processor has violated or is violating; and
1055  (ii) an explanation of the basis for each allegation.
1056  (b) The attorney general may not initiate an action if the provider:
1057  (i) cures the noticed violation within 30 days after the day on which the controller or
1058  processor receives the written notice described in Subsection (3)(a); and
1059  (ii) provides the attorney general an express written statement that:
1060  (A) the violation has been cured; and
1061  (B) no further violation of the cured violation will occur.
1062  (c) The attorney general may initiate an action against a provider who:
1063  (i) fails to cure a violation after receiving the notice described in Subsection (3)(a); or
1064  (ii) after curing a noticed violation and providing a written statement in accordance
1065  with Subsection (3)(b), continues to violate this chapter.
1066  (d) In an action described in Subsection (3)(c), the attorney general may recover:
1067  (i) actual damages to the consumer; and
1068  (ii) for each violation described in Subsection (3)(c), an amount not to exceed $2,500.
1069  Section 18. Repealer.
1070  This bill repeals:
1071  Section 41-6a-2001, Title.
1072  Section 41-6a-2002, Definitions.
1073  Section 41-6a-2003, Automatic license plate reader systems -- Restrictions.
1074  Section 41-6a-2004, Captured plate data -- Preservation and disclosure.
1075  Section 41-6a-2005, Preservation request.
1076  Section 41-6a-2006, Penalties.
1077  Section 19. Effective Date.
1078     This bill takes effect on May 6, 2026.
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