HB6411: Law enforcement: other; regulations for license plate reader systems; provide for. Amends 1949 PA…

HOUSE BILL NO. 6411 A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 256a. the people of the state of michigan enact: Sec. 256a. (1) A governmental entity shall not use an automatic license plate reader system in 1 or more of the following ways: (a) For personal curiosity, including, but not limited to, looking up individuals not connected to active alert data. (b) For disclosure to third parties, including, but not limited to, sharing data with unauthorized individuals, private citizens, employers, or private investigators. (c) For commercial or private use, including, but not limited to, using records for commercial background checks, personal business ventures, or administrative tasks unrelated to active alert data. (2) A governmental entity shall prohibit the following activities in the use of an automatic license plate reader system: (a) Credential sharing, including, but not limited to, allowing an unauthorized person to use login credentials or sharing systems passwords. (b) Insecure transmission, including transmitting sensitive data or alert data through unsecured methods. (3) A governmental entity may contract with a nongovernmental entity to operate an automatic license plate reader system. A nongovernmental entity that operates an automatic license plate reader system in accordance with a contract authorized under this subsection shall not share, sell, or otherwise distribute captured license plate data for a commercial purpose. This subsection does not limit or restrict a nongovernmental entity's ability to operate an automatic license plate reader system when the automatic license plate reader system is not operated under a contract authorized under this subsection. (4) If a governmental entity uses an automatic license plate reader system to collect or attempt to collect a fine, fee, or any other form of payment, that governmental entity shall not intentionally or inadvertently target enforcement toward or disproportionately collect fines, fees, or other forms of payment from a group of individuals based on race, ethnicity, or income level in a manner exceeding that group of individuals' proportion of the overall population within the governmental entity's jurisdiction. (5) Captured license plate data must not be retained for more than 30 days except for any of the following reasons: (a) Pursuant to a preservation request under subsection (6). (b) Pursuant to a warrant. (c) As part of an ongoing investigation if captured license plate data are confirmed as matching alert data and are destroyed at the conclusion of either of the following: ( i ) An investigation that does not result in any criminal charges being filed. ( ii ) Any criminal action undertaken in the matter involving the captured license plate data. (6) An operator of an automatic license plate reader system, on receiving a preservation request from a governmental entity or a defendant in a criminal case, shall take all necessary steps to preserve captured license plate data in the operator's possession for not less than 30 days after the preservation request is received. (7) A preservation request described in subsection (6) must contain a written sworn statement describing both of the following: (a) Each camera for which captured license plate data must be preserved or the license plate number for which captured license plate data must be preserved. (b) The date and time for which captured license plate data must be preserved. (8) As used in this section: (a) "Alert data" means data held by the secretary of state, state or federal criminal or missing persons databases, and any license plate number manually entered into the automatic license plate reader system by a law enforcement officer who determined that the vehicle or an individual associated with the license plate number is relevant and material to an ongoing criminal or missing persons investigation. (b) "Automatic license plate reader system" means a camera-based system that automatically captures images of registration plates, converts the images into digital text, and checks the text against databases for law enforcement or commercial purposes. These systems do not require manual input and can be in a fixed location or mounted on a moving vehicle. (c) "Captured license plate data" means GPS coordinates, dates and times, photographs, license plate numbers, and any other data captured by or derived from any automatic license plate reader system. (d) "Governmental entity" means a department, agency, or political subdivision of this state, or an individual employed by, contracted with, or acting for or on behalf of a department, agency, or political subdivision of this state. (e) "Nongovernmental entity" means a private organization that operates independently of government ownership or control. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless House Bill No. 6412 (request no. H07934'26) of the 103rd Legislature is enacted into law.