SB1111 - 572R

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

Section 1. Section 28-601, Arizona Revised Statutes, is amended to read:

START_STATUTE28-601. Definitions

In this chapter, unless the context otherwise requires:

1. "Automatic license plate reader system" means a system of one or more mobile or fixed passive automatic high speed cameras that are used independently or in COMBINATION with a computer algorithm or software that converts images of license plates into computer-readable data.

1. 2. "Commercial motor vehicle" means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial motor vehicle as defined in section 28-5201 and that is not exempt from gross weight fees as prescribed in section 28-5432, subsection B.

2. 3. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.

3. 4. "Crosswalk" means:

(a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.

4. 5. "Escort vehicle" means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state.

5. 6. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173.

6. 7. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120.

7. 8. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

8. 9. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection.

9. 10. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles.

10. 11. "Low emission and energy efficient vehicle" means a vehicle that has been certified by the United States environmental protection agency administrator in accordance with 23 United States Code section 166 or that is part of a federally approved pilot program.

11. 12. "Motorized wheelchair" means any self-propelled wheelchair that is used by a person for mobility.

12. 13. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

13. 14. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

14. 15. "Photo enforcement system" means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter.

15. 16. "Pneumatic tire" means a tire in which compressed air is designed to support the load.

16. 17. "Pole trailer" means a vehicle that is all of the following:

(a) Without motive power.

(b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle.

(c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.

17. 18. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.

18. 19. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons.

19. 20. "Railroad" means a carrier of persons or property on cars operated on stationary rails.

20. 21. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

21. 22. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails.

22. 23. "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively.

23. 24. "Safety zone" means the area or space that is both:

(a) Officially set apart within a roadway for the exclusive use of pedestrians.

(b) Protected or either marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

24. 25. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians.

25. 26. "Stop", if required, means complete cessation from movement.

26. 27. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal.

27. 28. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.

28. 29. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.

29. 30. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

30. 31. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property. END_STATUTE

Sec. 2. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 23, to read:

ARTICLE 23. AUTOMATIC LICENSE PLATE READER SYSTEMS

START_STATUTE28-1241. Definitions

in this article, unless the context OTHERWISE requires:

1. "agency" means a department, board, office, authority, commission or other governmental budget unit of this state, including a governmental budget unit of this state that is under administrative control of an elected OFFICIAL.

2. "Captured plate data" means global POSITIONING system coordinates, dates and times, photographs, license plate numbers, vehicle CHARACTERISTICS or any other data collected by an automatic license plate reader system. END_STATUTE

START_STATUTE28-1242. Automatic license plate reader systems; requirements

An automatic license plate reader system may be used by an agency or law enforcement agency of this state for law enforcement purposes only if all of the following conditions are met:

1. the automatic license plate reader system and any captured plate data is used for criminal investigations or searching for missing persons or persons in danger.

2. The automatic license plate reader system and any captured plate data is not used to enforce traffic violations other than violations that are associated with a traffic accident or that pose a hazard to the community.

3. Any captured plate data is not used for any non-law enforcement purposes, including personal use, public records requests for a COMMERCIAL or non-COMMERCIAL purpose or political activity. END_STATUTE

START_STATUTE28-1243. Captured plate data; access and control; training; audit; prohibitions

A. An agency or law enforcement agency that uses an automatic license plate reader system shall limit access to the captured plate data to authorized personnel of the agency or law enforcement agency. The agency or law enforcement agency shall implement access controls to ensure that only persons with authorized clearance are able to retrieve captured plate data.

B. Each agency or law enforcement agency that uses an automatic license plate reader system shall conduct mandatory training for all authorized users regarding data privacy, legal compliance and the ethical use of automatic license plate reader systems.

C. Each query for access to captured plate data must be logged in a secure audit system and must include the name or other identifying factor of the person that made the query, date, time and purpose of the access.

D. Each agency or law enforcement agency that uses an automatic license plate reader system shall conduct an annual audit of automatic license plate reader system data access logs required pursuant to subsection C of this section and address any unauthorized or suspicious activity.

E. Each agency or law enforcement agency that uses an automatic license plate reader system may not sell, exchange or provide captured plate data for any purpose, except for law enforcement purposes.

f. captured plate data is not subject to public review pursuant to a public records request, except an agency or law enforcement agency shall share captured plate data pursuant to a subpoena. END_STATUTE

START_STATUTE28-1244. Captured plate data; storage and destruction; policies; posting

Each agency or law enforcement agency that uses an automatic license plate reader system shall adopt and publish policies for obtaining, retaining and destroying captured plate data pursuant to the requirements of this section and shall post the policies on the agency's or law enforcement agency's publicly available website. The policies must include specific rules and regulations regarding captured plate data, including policies regarding the retention of data. END_STATUTE