Tax Commission, Motor Vehicle Enforcement

Section R877-23V-21

Automated License Plate Recognition System Pursuant to Utah Code Ann. Section 41-3-105

Notice of Proposed Rule

(Amendment)

DAR File No.: 35513
Filed: 12/08/2011 01:05:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed section was requested by the Administrative Rules Review Committee.

Summary of the rule or change:

The proposed section is drafted at the direction of the Administrative Rules Review Committee. The purpose of the section is to provide the following criteria for the automated license plate recognition (ALPR) system used by the Motor Vehicle Enforcement Division: length of time data is stored in the system, who has access to the information in the system, what the system information may be used for, and whether the system information is protected.

State statutory or constitutional authorization for this rule:

• Section 41-3-105

Anticipated cost or savings to:

the state budget:

None--The proposed section matches agency practice.

local governments:

None--The proposed section matches agency practice.

small businesses:

None--The proposed section matches agency practice.

persons other than small businesses, businesses, or local governmental entities:

None--The proposed section matches agency practice.

Compliance costs for affected persons:

None--The proposed section matches agency practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

This section matches current agency practice yielding no fiscal impact proposed.

Michael Cragun, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Motor Vehicle Enforcement
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

Michael Cragun, Tax Commissioner

R877. Tax Commission, Motor Vehicle Enforcement.

R877-23V. Motor Vehicle Enforcement.

R877-23V-21. Automated License Plate Recognition System Pursuant to Utah Code Ann. Section 41-3-105.

(1) "Automated license plate recognition system" (ALPR) means the computer-based system that utilizes special cameras to capture a color image, as well as an infrared image, of the license plate of a passing vehicle.

(2) "Criminal justice agency" is as defined in Section 53-10-102.

(3) Information in the ALPR system may be retained for a period of one year.

(4) Access to the information obtained from the ALPR system is restricted to:

(a) a criminal justice agency;

(b) a noncriminal justice agency or individual authorized by statute, or commission rule; and

(c) an agency or individual that has an agreement with a criminal justice agency, as authorized by the executive director of the commission.

(5) Information obtained from the ALPR system may be used only for law enforcement purposes.

(6) Information in the ALPR system is a protected record under Section 63G-2-305.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [December 8, 2009]2012

Notice of Continuation: March 14, 2007

Authorizing, and Implemented or Interpreted Law: 41-1a-712; 41-3-105; 41-3-201; 41-3-202; 41-3-210; 41-3-301; 41-3-302; 41-3-305; 41-3-503; 41-3-505; 41-3-506; 41-3-507