SB2 Alabama 2021 Session

Under existing law, law enforcement agencies of the state and subdivisions of the state are not prohibited from using license plate scanners to determine the ownership of a motor vehicle, the mileage or route traveled by a motor vehicle, the location or identity of a motor vehicle, or the identity of the occupants of the motor vehicle on public highways

This bill would allow law enforcement agencies to use license plate scanners on public highways in certain circumstances

This bill would also provide for the confidentially of information collected and would provide for the destruction of the information after a specified time frame

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to license plate scanners; to provide for the limited use of license plate scanners on public highways by law enforcement agencies; to provide for the confidentially of information collected; to provide for the destruction of information collected; to require law enforcement agencies to adopt and publish public policies relating to license plate scanners; to provide criminal penalties for certain violations; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.