DAR File No. 37699

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.: 37699
Filed: 06/05/2013 09:49:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section is being removed since the subject matter is adequately dealt with in statute enacted by S.B. 196 in the 2013 General Legislative Session.

Summary of the rule or change:

The section is being removed since the subject matter is adequately dealt with in statute enacted by S.B. 196 (2013).

State statutory or constitutional authorization for this rule:

• Section 41-3-105

Anticipated cost or savings to:

the state budget:

None--Any fiscal impacts were considered in S.B. 196 (2013).

local governments:

None--Any fiscal impacts were considered in S.B. 196 (2013).

small businesses:

None--Any fiscal impacts were considered in S.B. 196 (2013).

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

None--Any fiscal impacts were considered in S.B. 196 (2013).

Compliance costs for affected persons:

The section is being removed since the subject matter is adequately dealt with in statute enacted by S.B. 196 (2013).

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

This removal of this section is now covered by statue which creates no fiscal impact.

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:

07/31/2013

This rule may become effective on:

08/07/2013

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: [June 14, 2012]2013

Notice of Continuation: January 3, 2012

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