Senate File 234 H-1318 Amend Senate File 234, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < Section 1. NEW SECTION . 13.11 Law enforcement data 4 collection and reporting. 5 1. Every state and local law enforcement agency shall 6 collect and compile data on each traffic, bicycle, or 7 pedestrian stop conducted by its officers, and shall report the 8 data to the attorney general on or before July 1 of each year, 9 subject to subsection 3. All of the following information 10 shall be collected and compiled for each stop, including but 11 not limited to stops that involve questioning or a driver’s 12 license or motor vehicle registration check but do not result 13 in the issuance of a written citation or warning: 14 a. The time, date, location, and duration of the stop. 15 b. The reason for the stop. 16 c. Whether the officer performed a driver’s license or motor 17 vehicle registration check. 18 d. Whether the officer issued a citation or an oral or 19 written warning. 20 e. The offense for which the individual was warned, cited, 21 or arrested, if applicable. 22 f. The race, ethnicity, sex, and approximate age of the 23 individual, and whether English is the individual’s primary 24 language. The identification of these characteristics shall be 25 based primarily on information obtained from the individual’s 26 driver’s license or nonoperator’s identification card and 27 secondarily on the observations and perceptions of the officer 28 performing the stop. The officer shall not be required to 29 inquire about the individual’s race or ethnicity, or whether 30 English is the individual’s primary language, and shall rely 31 principally on such information encrypted on the individual’s 32 driver’s license or nonoperator’s identification card pursuant 33 to section 321.189 or 321.190. The identifying characteristics 34 of any passenger in the motor vehicle shall also be reported 35 -1- SF234.2140 (1) 87 ns/nh 1/ 4 #1.

if the stop involved the passenger and the officer performed a 1 search. 2 g. Whether the officer asked for consent to search the 3 individual or vehicle and whether the individual consented to 4 the search; whether the officer searched the individual, the 5 vehicle, or any property, and the basis for the search; and 6 whether the officer seized any property, a description of the 7 property seized, and the basis for seizing the property. 8 h. Whether the officer used physical force against the 9 individual and whether the individual used physical force 10 against the officer. 11 i. Any other information which the officer or law 12 enforcement agency considers appropriate. 13 2. The attorney general shall develop a standardized form to 14 be used by law enforcement agencies in collecting, compiling, 15 and reporting the information pursuant to subsection 1. 16 3. a. Every state law enforcement agency and every local 17 law enforcement agency with jurisdiction over a city with a 18 population of four thousand five hundred or more shall submit 19 its first report to the attorney general on or before July 1, 20 2019. 21 b. Every local law enforcement agency with jurisdiction over 22 a city with a population of at least two thousand five hundred 23 but less than four thousand five hundred shall submit its first 24 report to the attorney general on or before July 1, 2020. 25 c. Every local law enforcement agency with jurisdiction over 26 a city with a population of less than two thousand five hundred 27 shall submit its first report to the attorney general on or 28 before July 1, 2021. 29 4. a. Except as otherwise provided by law, a law 30 enforcement agency shall not grant access to any personal 31 identifying information contained in the data collected by 32 the agency to any person except a federal, state, local, or 33 tribal government employee or agent who requires access to such 34 information in order to collect, compile, and report the data 35 -2- SF234.2140 (1) 87 ns/nh 2/ 4

in accordance with this section. 1 b. A law enforcement agency may permit a contractor 2 or nongovernmental entity to access personal identifying 3 information contained in the data if the contractor or 4 nongovernmental entity signs an agreement with the agency 5 which prohibits further disclosure of the personal identifying 6 information by the contractor or nongovernmental entity, and 7 if the contractor or nongovernmental entity is required by the 8 agreement to maintain adequate security measures to prevent 9 unauthorized access to the personal identifying information. 10 Sec. ___. Section 321.189, subsection 2, paragraph a, Code 11 2017, is amended to read as follows: 12 a. Appearing on the driver’s license shall be a 13 distinguishing number assigned to the licensee; the licensee’s 14 full name, date of birth, sex, and residence address; a 15 color photograph; a physical description of the licensee; 16 the name of the state; the dates of issuance and expiration; 17 and the usual signature of the licensee. The license shall 18 identify the class of vehicle the licensee may operate and the 19 applicable endorsements and restrictions which the department 20 shall require by rule. The licensee’s race and ethnicity, and 21 whether English is the licensee’s primary language, shall be 22 encrypted on the back of the license. 23 Sec. ___. Section 321.190, subsection 1, paragraph a, Code 24 2017, is amended to read as follows: 25 a. The department shall, upon application and payment 26 of the required fee, issue to an applicant a nonoperator’s 27 identification card. To be valid the card shall bear a 28 distinguishing number other than a social security number 29 assigned to the cardholder, the full name, date of birth, 30 sex, residence address, a physical description and a color 31 photograph of the cardholder, the usual signature of the 32 cardholder, and such other information as the department may 33 require by rule. The card shall also contain the cardholder’s 34 race and ethnicity, and whether English is the cardholder’s 35 -3- SF234.2140 (1) 87 ns/nh 3/ 4

primary language, encrypted on the back of the card. An 1 applicant for a nonoperator’s identification card shall 2 apply for the card in the manner provided in section 321.182, 3 subsections 1 through 3 . The card shall be issued to the 4 applicant at the time of application pursuant to procedures 5 established by rule. An applicant for a nonoperator’s 6 identification card who is required by 50 U.S.C. app. §451 7 et seq. to register with the United States selective service 8 system shall be registered by the department with the selective 9 service system as provided in section 321.183 . > 10 2. Title page, by striking lines 1 through 3 and inserting 11 < An Act relating to the enforcement of motor vehicle laws, 12 including annual reports by law enforcement agencies to the 13 attorney general and the use of electronic communication 14 devices while driving as a primary offense, and making 15 penalties applicable. > 16 3. By renumbering as necessary. 17 ______________________________ R. SMITH of Black Hawk -4- SF234.2140 (1) 87 ns/nh 4/ 4 #2. #3.