The push to regulate automatic license plate reader use in Michigan is gaining steam as a high-profile Republican lawmaker and party leader has proposed new rules through legislation, but a key law enforcement group is still balking.
Michigan Republican Party Chairman and state Sen. Jim Runestad of White Lake has introduced a bill that would require license plate reader systems to get rid of their data after 14 days and require police to have a warrant to access the data outside of criminal investigations and missing persons cases. The readers take pictures of the backs of vehicles and their license plates for law enforcement's investigative use.
"We want to strike a balance between dystopian overreach and keeping our communities safer by providing law enforcement with additional tools to catch criminals," Runestad said in a news release.
More: Growth of license plate readers fuels Michigan push to limit their use
Runestad's proposed legislation came after state Reps. Doug Wozniak, R-Shelby Township, and Jimmie Wilson, D-Ypsilanti, introduced House Bills 5493 and 5492. The most recent draft of House Bill 5493 would require ALPR data to disappear after 30 days unless judicial permission is granted and require law enforcement agencies to publish quarterly reports detailing why plates were scanned and instances when the data was shared with external agencies.
Asked about the dueling legislation, Runestad said it "doesn't hurt" to have multiple possible avenues to achieve ALPR regulation. Wozniak said Friday that he would support Runestad's Senate Bill 1131 because it mirrors his bill.
Michigan doesn't have any uniform regulations for ALPRs. Runestad on Friday called the state "the wild, wild west" because each law enforcement agency has its own set of regulations for how its investigators use the technology.
Runestad's news release specifically mentions ALPRs made by Flock Safety, the most prominent manufacturer of the technology in the United States. In Michigan alone, more than 180 law enforcement agencies have contracts with the company, although communities in Metro Detroit have begun to cancel their contracts with Flock over privacy concerns related to the company and outside agencies' access to the data.
But in terms of public safety, Flock claims 20% of all closed cases investigated by agencies that contract with the company are assisted by their ALPRs.
"It's proven itself time and time again across the state and across the country," Michigan Chiefs of Police Association Executive Director Ron Wiles told The Detroit News in early July.
Wiles said Senate Bill 1131 and House Bill 5493 would render license plate readers "totally ineffective." He said getting a warrant to retain or access the data is cumbersome for police, who are trying to solve crimes as quickly as possible.
Wiles also opposed the 14-day retention period in Runestad's bill.
"It would be very unfortunate if, say, you had a homicide in your community, investigators are out there trying to gather information about the case, get evidence, seek a suspect, locate a suspect, and then 15 days after that, a witness comes forward with information about a suspect's vehicle, and you can't use that because it's outside that 14-day window," Wiles said. "Those things happen in criminal investigations."
While Wiles criticized the bills, he also said the Chiefs of Police Association is not opposed to guidelines and accountability for using ALPRs. He said his organization "would be more than happy" to give input to the bill sponsors.
Wozniak said he's working with the Michigan Sheriffs' Association and the American Civil Liberties Union of Michigan over a disagreement in his bill about the requirement that police would need judicial approval to hold ALPR data for more than 30 days. He said the two parties will meet in August to try to come to an agreement before the bill is reintroduced in committee.
Runestad said he has spoken to members of law enforcement about the bill and has taken their recommendations into consideration.
"Certainly, we would love to get feedback from law enforcement to make it the best possible bill so that there's not some egregious aspect that's not considered, that every aspect is considered when the bill comes out for a vote on the floor," Runestad said.
In a statement, Flock spokesperson Paris Lewbel said his company supports legislation that creates guardrails for data retention and sharing as long as it doesn't interfere with their ALPRs' effectiveness.
"Flock is strongly in favor of common-sense regulation that preserves the ability of law enforcement to use these highly effective technologies, while requiring the sorts of safeguards and accountability mechanisms communities expect," Lewbel said. "We stand ready to be a resource to the legislature as they consider these important issues."
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This article originally appeared on The Detroit News: Major GOP lawmaker urges new Michigan rules for Flock security cameras