An Act To Regulate the Use of Traffic Surveillance Cameras
Maine Legislature, Session 124, LD 1561
Committee Amendment CA_A_S401 (Senate)
Amends: 29-A MRSA §2117-A

COMMITTEE AMENDMENT "A:." to S.P. 598, L.D. 1561, Bill, "An Act To 
Regulate the Use of Traffic Surveillance Cameras" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Regulate the Use of Automated License Plate Recognition Systems' 
Amend the bill by striking out everything after the enacting clause and before th.e 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2117-A is enacted to read: 
§2117-A. Use of automated license plate recognition systems 
1. 
Definitions. As used in this section, unless the context otherwise indicates, 
"automated license plate recognition system" means a system of one or more mobile or 
fixed high-speed cameras combined with computer algorithms to convert images of 
registration plates into computer-readable data. 
"Automated license plate recognition 
system" does not include a photo-mon itoring system, as defined in Title 23, section 1980, 
subsection 2-A, paragraph 8, subparagraph (4), when used by the Maine Turnpike 
Authority or a law enforcement agency for toll enforcement purposes. 
2. Prohibition. Except as otherwise provided in subsection 3, a person may not use 
an automated license plate recognition system. 
3. Exception. Subsection 2 does not apply to: 
A. The Department of Transportation for the purposes of protecting public safety and 
transportation infrastructure; 
B. The Department of Public Safety, 8ureau of State Police for the purposes of 
commercial motor vehicle screening and inspection; and 
C. Any state, county or municipal law enforcement agency when providing public 
safety, conducting criminal investigations and ensuring compliance with. local, state 
and federal laws. 
For purposes of this paragraph, an automated license plate 
recognition system may use only information entered by a law enforcement officer as 
Page I - 124LR2364(02)-1 
COMMITTEE AMENDMENT 
~" 
~~. 
COMMITTEE AMENDMENT" A" to S.P. 598, L.D. 1561 
defined by Title 17-A, section 2, subsection 17 and based on a reasonable articulable 
suspicion, or records from the National Crime Information Center database. 
An authorized user under this subsection of an automated license plate recognition system 
may use an automated license plate recognition system only for the official and legitimate 
purposes of the user's employer. 
4. Confidentiality .. Data collected or retained through the use of an automated 
license plate recognition system in· accordance with subsection 3 are confidential under 
Title 1, chapter 13 and are available for use only by a law enforcement agency in carrying 
out its functions or by an agency collecting information under subsection 3 for its 
intended purpose and any related civil or criminal proceeding. 
A law enforcement agency may publish and release as public information summary 
reports using aggregate data that do not reveal the activities of an individual or firm and 
may share commercial motor vehicle screening data with the Federal Motor Carrier 
Safety Administration for regulatory compliance purposes. 
5. Data retention. Data collected or retained through the use of an automated 
license plate recognition system in accordance with subsection 3 that are not considered 
intelligence and investigative information as defined by Title 16, section 611, subsection 
8, or data collected for the purposes of commercial motor vehicle screening, may not be 
stored for more than 21 days. 
6. Penalty. Violation of this section is a Class E crime. 
Sec. 2. 
Working group to study the use of automated license plate 
recognition systems. The Secretary of State shall establish a working group to study 
and assess potential issues relating to the use of automated license plate recognition 
systems by law enforcement agencies and other authorized agencies. In addition to the 
Secretary of State, the working group must include, but is not limited to, representatives 
of the Department of Public Safety, Bureau of State Police, representatives of local and 
county law enforcement, representatives of the Department of Transportation, 
representatives of the Maine Turnpike Authority and representatives of organizations or 
individuals representing privacy and constitutional interests. 
The working group report under section 3 must include a review of a September 2009 
report, completed by an international association of chiefs of police that studied the 
privacy impact of enhanced collection, analysis and dissemination of license plate data 
made possible by automated license plate recognition system technology. The working 
group report must include model policy or draft legislation, either developed by the 
working group or by an association representing users of automated license plate 
recognition systems. 
Sec. 3. Report. The working group under section 2 shall submit a report including 
its findings and recommendations to the joint standing committee of the Legislature 
having jurisdiction over transportation matters no later than January 15, 2011. After 
reviewing the report, the joint standing committee of the Legislature having jurisdiction 
over transportation matters may submit a bill to the First Regular Session of the 125th 
Legislature concerning the subject matter of this Act.' 
COMMITTEE AMENDMENT 
.' 
d 
') 
.. ' 
."') 
,.,1 
'\) 
,/ 
COMMITTEE AMENDMENT" A" to S.P. 598, L.D. [56[ 
SUMMARY 
This amendment strikes and replaces the bill. 
The amendment defines "automated license plate recognition system" as a system of 
one or more mobile or fixed high-speed cameras combined with computer algorithms to 
convert images of registration plates into computer-readable data. 
The amendment 
clarifies that an automated license plate recognition system does not include a photo-
monitoring system used by the Maine Turnpike Authority or a law enforcement agency 
for toll enforcement purposes. 
The amendment prohibits the use of automated license plate recognition systems 
except by the Depal1ment of Transportation for the purposes of protecting public safety 
and transportation infrastructure, the Department of Public Safety, Bureau of State Police 
for the purposes of commercial motor vehicle screening and inspection and any state, 
county or municipal law enforcement agency for the purposes of providing public safety, 
conducting criminal investigations and ensuring compliance with local, state and federal 
laws. A law enforcement may agency use an automated license plate recognition system 
only in conjunction with infonnation entered by a law enforcement officer or infonnation 
available in the National Crime Information Center database. 
. The amendment provides that data collected or retained through the use of an 
automated license plate recognition system are confidential and may be available for use 
only by a law enforcement agency in carrying out its functions or by an agency collecting 
information for its intended purpose or a civil or criminal proceeding. The amendment 
allows a law enforcement agency to publish and release as public information summary 
reports using aggregate data that do not reveal the activities of an individual or finn. The 
amendment also allows a law enforcement agency to share commercial motor vehicle 
screening data with the Federal Motor Carrier Safety Administration for regulatory 
compliance purposes. The amendment further provides that data collected through the 
use an automated license plate recognition system that are not intelligence and 
investigative infonnation, or data collected for the purposes of commercial motor vehicle 
screening, may not be stored for more than 21 days. 
The amendment makes a violation of the automated license plate recognition system 
provisions a Class E crime. 
The amendment directs the Secretary of State to establish a working group to study 
and assess potential issues relating to the use of automated license plate recognition 
systems by law enforcement agencies and other authorized agencies. The working group 
must submit a report including its findings and recommendations to the joint standing 
committee of the Legislature having jurisdiction over transportation matters no later than 
January 15,2011. The amendment gives the joint standing committee of the Legislature 
having jurisdiction over transportation matters authority to submit a bill to the First 
Regular Session of the 125th Legislature. 
FISCAL ~OTE HEQlilRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/04110 Mac:.. 
LD 1561 
LR 2364(02) 
An Act To Regulate the Use of Traffic Surveillance Cameras 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor revenue increase - General Fund 
Minor cost increase - Maine Turnpike Authority 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State, Department of Public Safety, Department ofTransp0l1ation 
and Maine Turnpike Authority to establish and participate in a working group to study and assess potential issues 
relating to the use of automated license plate recognition systems can be absorbed within existing budgeted resources. 
LR2364(02) - Fiscal Note - Page 1 of 1 
.J 
,') 
") 
')