AN ACT relating to automated license plate readers.

2026 Regular Session Introduced by Kim Banta and 2 co-sponsors

HB 375 bans all use, deployment, or maintenance of automated license plate readers in Kentucky, with criminal penalties and private civil remedies for violations.

to Transportation (H)

#correctionsimpact #crimesandpunishments #technology #transportation

Purpose and intent

The bill establishes a prohibition on the use, deployment, or maintenance of automated license plate reader (ALPR) systems within Kentucky, and creates criminal and civil penalties for violations. It aims to restrict government and private actors from employing ALPR technology and to provide a private right of action to victims of ALPR use.

Key provisions

Definition:

An ALPR is a system of one or more mobile or fixed high-speed cameras plus computer algorithms that convert license plate images into data readable by a computer.

Prohibition:

No person, entity, partnership, corporation, association, or the Commonwealth or its agencies/political subdivisions may use, deploy, or maintain an ALPR system.

Criminal penalties:

The use, deployment, or maintenance of an ALPR system is a Class D felony.
Penalty includes a fine of $10,000.

Civil liability and remedies:

Any person or entity that uses, deploys, or maintains an ALPR system is liable for damages in a civil action.
Any individual recorded by an ALPR system may sue the responsible party in a court of competent jurisdiction to enjoin further violations and recover actual and punitive damages.
Prevailing plaintiffs may recover reasonable attorney’s fees, costs, and damages, unless the court finds bad faith, malicious purpose, or no justifiable legal/factual issue.
Prevailing defendants may be entitled to recover reasonable attorney’s fees.

Who is affected

Government, agencies, and political subdivisions in Kentucky

Private entities, businesses, partnerships, corporations, and associations

Individuals whose license plates might be captured by ALPR systems (as potential plaintiffs)

Potential defendants include any party using, deploying, or maintaining ALPR systems

Procedural and timeline aspects

The bill text indicates creation of a new section under Kentucky Revised Statutes Chapter 189.

Effective date: The text provided does not specify an effective date; typically, enacted laws include an effective date or specify when the act or sections become enforceable. If not stated in the bill, it would require passage and signature with an effective date determined by the Legislature or Governor.

Enforcement and litigation: The act provides both criminal penalties and a private civil enforcement mechanism, including potential attorney’s fees for prevailing parties.

Summary statement

HB 375 would fundamentally prohibit the use, deployment, or maintenance of automated license plate reader systems in Kentucky. It establishes a Class D felony with a $10,000 fine for violations and opens the door to civil actions by individuals harmed or affected by ALPR use, including potential damages, injunctive relief, and attorney’s fees for prevailing parties. The bill creates broad implications for both public agencies and private entities that might otherwise employ ALPR technology, shifting enforcement to both criminal and civil pathways.

Bill