GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto Senate Bill 965, which would significantly restrict the use of License Place Readers (LPRs) and lead to many unintended consequences affecting public safety, transportation and the efficient conduct of business in the Commonwealth.

Despite their proven success in locating stolen vehicles, identifying drivers involved in hit-and-run accidents, locating missing children and enhancing overall public safety, this bill would drastically limit the use of LPRs by law enforcement agencies. In order to use a LPR without a warrant under this legislation, agencies must prove the LPR is being used for a “known relevance” data collected that is intended for prompt evaluation and there is suspected criminal or terrorist activity. This provision is extremely narrow and could impede day-to-day operations.

This bill also sets a strict, seven day retention period for all data collected by LPRs. Many localities in Virginia retain this data for 60 days to two years. Seven days is a substantial reduction. Additionally, law enforcement agencies demonstrate that crimes are often not reported until several weeks later. Under this bill, essential data would not be available at the time of those reports. This is particularly concerning when considering implications for the National Capitol Region, where cross-state collaboration and information-sharing are essential to responding to potential criminal or terrorist activity occurring near Virginia’s borders.

Furthermore, defining vehicle license plate numbers as “personal information” could dramatically impact state and local agency operations and create public confusion. State law requires that license plates be attached to the front and rear of every vehicle, and license plates must be clearly visible and legible.

This new definition of personal information would likely prevent the live Internet transmission of video from VDOT’s traffic cameras as a violation of the state’s Government Data Collection and Dissemination Act.

The bill could potentially cripple the use of innovative, electronically-managed tolling lanes that improve the quality of life for Virginians by reducing commute times and expediting the tolling process. These projects use cameras that record license plate numbers for billing purposes, saving travelers the time they would spend waiting in line at a toll booth. The billing mechanism could be in violation of this legislation, eliminating the use of these time-saving travel options.

It would be unwise for me to sign legislation that could limit the tools available for legitimate law enforcement purposes and negatively impact public safety, or derail major transportation projects and jeopardize time-saving technologies that are essential to our economy, our citizens, tourism and the efficient conduct of business.

Accordingly, I veto this bill.

GOVERNOR'S RECOMMENDATION

1. Line 41, enrolled, after use

strike

any surveillance technology

insert

license plate readers

2. After line 64, enrolled

insert

“License plate reader” means a law-enforcement system that optically scans vehicle license plates.

3. Line 66, enrolled, after license number,

strike

the remainder of line 66 and through number, on line 67

4. At the beginning of line 72,  enrolled

strike

presence at any place,

5. Line 77, enrolled

strike

all of lines 77 and 78

6. Line 81, enrolled, after than

strike

seven

insert

60

7. Line 83, enrolled, after After

strike

seven

insert

60

8. Line 85, enrolled

strike

all of lines 85 and 86