Comprehensive Study Notes on Executive Order 26-18 Governing ALPR Technology in Missouri

Preamble and Legislative Intent of Executive Order 26-18

• Government Responsibility:
  • The primary responsibility of government is to ensure the safety and security of its citizens.
• Value of Automated License Plate Reader (ALPR) Systems:
  • Recovering stolen vehicles.
  • Locating missing or endangered persons.
  • Developing critical investigative leads for violent crimes.
• Citizen Rights and Privacy Concerns:
  • Citizens of Missouri expect and deserve a transparent government that respects constitutional boundaries.
  • Government must not conduct systematic tracking or warrantless monitoring of innocent citizens in their daily lives.
  • Unchecked collection and indefinite storage of location data belonging to law-abiding citizens raises substantial, valid constitutional and privacy concerns under both the United States Constitution and the Missouri Constitution.
• Need for Uniform Framework:
  • Recent isolated instances of law enforcement misuse of ALPR cameras to conduct unauthorized, unlawful searches highlight a need for a uniform framework for oversight and accountability.
  • Several Missouri communities have preemptively suspended the deployment of ALPR public safety tools due to a lack of uniform, trustworthy statewide guardrails.
  • It is paramount that the State of Missouri establishes a clear, accountable legal framework equipping law enforcement personnel with modern technology while aggressively safeguarding fundamental privacy rights and civil liberties.

Applicability and Mandatory Scope

• Authority:
  • Issued by Mike Kehoe (Michael Kyomai Kehoe), Governor of the State of Missouri, by virtue of authority vested by the Constitution and laws of Missouri.
• Effective Date:
  • Effective immediately upon issuance.
• Covered Entities:
  • Applies to all state agencies, boards, commissions, and local law enforcement entities that receive state funding and utilize ALPR technology.
• Mandatory Enforcement:
  • Covered entities must implement minimum standards to the greatest extent permissible by applicable law until a permanent legislative enactment is made.

Data Retention Limits, Ownership, and Purging Standards

• Mandatory Purging of Non-Target Data:
  • Entities must ensure permanent deletion of all captured license plate and vehicle images within $30$  days of collection.
• Exceptions to the $30$ -Day Retention Limit:
  • Imagery and data may only be retained beyond $30$  days if:
  • Directly linked to a specific, active, and ongoing criminal investigation; OR
  • Directly linked to an active life safety emergency (such as a missing person, Amber Alert, or Silver Alert); AND
  • Retention is strictly necessary to advance that specific investigation or otherwise comply with a court order.
• Government Ownership of Data:
  • All data, metadata, and imagery captured by ALPR systems of a Missouri government agency or state-funded local law enforcement entity remains the sole and exclusive property of that agency.
• Prohibitions on Third-Party Vendors and Contractors:
  • Third-party vendors and ALPR contractors are strictly prohibited from:
  • Accessing Missouri-generated data for non-law enforcement purposes.
  • Acquiring Missouri-generated data.
  • Selling Missouri-generated data.
  • Sharing Missouri-generated data.
  • Commercializing Missouri-generated data.
  • Leveraging Missouri-generated data for any non-law enforcement purpose.
• Vendor Compliance Certification:
  • Entities entering into contracts for ALPR technology must require vendors to provide written certification to the contracting entity.
  • Certification must verify that all captured imagery will be permanently deleted in accordance with the mandated $30$ -day timeframe.

Prohibited Uses and Technological Safeguards

• Authorized Purposes:
  • ALPR technology shall be accessed exclusively for:
  • The administration of criminal justice, as defined in Section $43.500$  RSMo; and
  • Bona fide life-saving efforts.
• Prohibition on Artificial Intelligence and Facial Recognition Integration:
  • No state entity or funded local law enforcement entity shall permit integration of artificial intelligence (AI) facial recognition capabilities or software with ALPR systems.
  • ALPR systems must not be used to automatically screen faces of individuals.

Auditing, Logging, and Penalties for Misuse

• Mandatory Search Logging:
  • Every search or query executed in an ALPR system must record:
  • The user's identity.
  • A valid, active case number OR a specific law enforcement justification.
• Penalties for ALPR Data Misuse:
  • Actions constituting misuse include personal use, stalking, or unauthorized sharing of ALPR data.
  • Triggered consequences for data misuse:
  • Immediate disciplinary proceedings.
  • Criminal referral under Section $576.050$  RSMo, where appropriate.
  • Mandatory report to the Director of the Department of Public Safety for officer license revocation or discipline.
• Penalties for Unauthorized Hot List Additions:
  • Any non-criminal justice related addition to an ALPR hot list triggers:
  • Immediate disciplinary proceedings.
  • Criminal referral under Section $576.050$  RSMo, where appropriate.
  • Mandatory report to the Director of the Department of Public Safety for officer license revocation or discipline.

Administrative Directives and Legislative Collaboration

• Regulatory Authority of Department of Public Safety:
  • The Director of the Missouri Department of Public Safety must establish strict controls, operational limitations, accountability measures, and penalties governing ALPR technology use and misuse.
• Inter-Agency Collaboration Mandate:
  • The Department of Public Safety must collaborate with state and local law enforcement leadership to develop a legislative proposal to codify standards in law.
  • Collaborating entities include:
  • Missouri Police Chiefs Association.
  • Missouri Sheriffs Association.
  • Representatives of the Fraternal Order of Police.
  • Missouri State Highway Patrol.
  • Missouri Association of Prosecuting Attorneys.
  • Other entities determined in consultation with the Missouri Attorney General's Office.
• Required Components of Legislative Proposal:
  • Codification of standards outlined in Section I of Executive Order 26-18.
  • Strict audit requirements intended to identify and punish violations of ALPR restrictions.
  • Creation of a stand-alone criminal violation for misuse of ALPR technology.
  • A legal scheme for withholding state grant monies from entities that do not adhere to applicable ALPR standards.

Implementation Timeline and Enforceability

• Department of Public Safety Guidance Deadline:
  • The Director of the Department of Public Safety must issue guidance on best practices for ALPR use within $10$  days of the issuance of Executive Order 26-18.
• Duration of Order:
  • Effective immediately.
  • Remains in effect until amended, superseded, or rescinded by subsequent executive order or legislation.

Official Execution Details

• Location of Execution: City of Jefferson, State of Missouri.
• Date of Execution: September $16$ , $2026$  (Sixteenth day of September, Two Thousand Twenty-Six).
• Executed By: Michael Kyomai Kehoe (Mike Kehoe), Governor of Missouri.
• Attested By: Denny Hoskins, Secretary of State of Missouri.
• Seal: Great Seal of the State of Missouri affixed.