Bill Description: Senate Bill 1180 would limit how government can use license plate readers and say that front plates are not required on vehicles that lack mounting brackets.

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Senate Bill 1180 would create Section 49-1432, Idaho Code, to clarify the scope and purpose of license plate readers in Idaho. 

The new language would allow "the state of Idaho, any political subdivision of the state of Idaho, or any agency thereof" to use "an automated license plate reader and its data for law enforcement purposes, traffic flow analysis purposes, or both."

The bill would limit access to license plate reader data to "an agency's authorized personnel" and require agencies to "implement access controls to ensure that only individuals with appropriate clearance are able to retrieve automated license plate reader data." It would further require that "access to and queries of automated license plate reader data" be "logged in a secure audit system to include user identity, date, time, and the purpose of access."

Law enforcement could use data from license plate readers only for "the investigation of felony or misdemeanor crimes or traffic accidents or to search for missing or endangered persons." The readers and their data could not be used "to enforce traffic infractions other than those associated with a traffic accident." 

This provision is of critical importance because it would effectively ban municipalities from setting up automated speed or red-light enforcement systems, as has recently been proposed in Boise. 

It is worth noting that this bill does not contain any provisions limiting how long license plate reader data may be retained. It could be improved by such an addition.

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Current Idaho law states that "license plates assigned to a motor vehicle shall be attached, one (1) in the front and the other in the rear." Failure to abide by this requirement can result in an equipment infraction.

Senate Bill 1180 would add an exception so that front plates would only be required "if the vehicle is equipped with a front license plate mounting bracket."

It is unclear how the term "equipped with" will be interpreted. Many vehicles do not come with a front license plate mounting bracket installed but do have one in the passenger compartment or trunk that can be attached to the vehicle with screws or bolts. If a vehicle has an uninstalled mounting bracket, does it fall under the definition of "equipped with"? If the owner of a vehicle removes or discards this bracket, would it be legal to drive the vehicle without a front plate?

This exception could result in fewer traffic stops and infraction tickets. But eliminating the requirement for a front license plate altogether would be more straightforward. It also would also save vehicle owners the cost of two plates. Under this exception, all vehicle owners would still be required to purchase two plates even if they were excused from displaying one of them.

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