House File 2161 H-8006 Amend House File 2161 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 321P.4, Code 2026, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 01. A person shall not use an automatic 6 registration plate reader in a local authority unless 7 the governing body of the local authority has adopted an 8 ordinance authorizing the use of a plate reader in the local 9 authority. The ordinance must provide the name or employment 10 classification of persons authorized to access a plate reader. 11 NEW SUBSECTION . 001. a. A person shall not access an 12 automatic registration plate reader to perform a search unless 13 the search is related to a call for service or case and the 14 call for service or case is identified by an assigned specific 15 number. However, if exigent circumstances exist and a specific 16 number has not been assigned, a person may search a plate 17 reader without providing a call for service number or case 18 number at the time of the search, and the person shall add the 19 call for service number or case number, as applicable, after 20 the number is assigned. 21 b. A person who accesses a plate reader shall record the 22 person’s access in a records log maintained by the local 23 authority or in the plate reader’s vendor-generated audit 24 logs. The log must include the call for service number or case 25 number, as applicable, and the reason for accessing the plate 26 reader. 27 NEW SUBSECTION . 0001. a. A person shall not add a 28 registration plate to a database if the database includes 29 specific registration plates for which an automatic 30 registration plate reader is designed to provide an alert 31 when the plate reader identifies a registration plate from 32 the database, unless the person provides the call for service 33 number or case number in the database entry. 34 b. A person shall not rely on an alert from a plate reader 35 -1- HF 2161.2573 (3) 91 th/ns 1/ 3 #1.
unless the person independently verifies the validity of the 1 alert other than by using a plate reader. 2 NEW SUBSECTION . 2A. A person shall not provide a copy 3 of an image of a vehicle registration plate, or any other 4 accompanying data, captured by an automatic registration plate 5 reader to a third party unless the third party is one of the 6 following: 7 a. A peace officer or law enforcement agency. 8 b. A person who has a contract with a law enforcement agency 9 for the sole purpose of protecting public safety, conducting 10 criminal investigations, or ensuring compliance with federal, 11 state, or local law. 12 c. The national insurance crime bureau or its successor 13 organization, an insurance carrier, or an insurance support 14 organization, solely for the purpose of investigating insurance 15 fraud, assisting in vehicle recovery, or adjudicating insurance 16 claims. 17 NEW SUBSECTION . 2B. A person shall not use an automatic 18 registration plate reader that is able to recognize or identify 19 a person based on a photograph or recording of the person’s 20 face captured by the plate reader. A person who uses a plate 21 reader shall not use software designed to recognize or identify 22 a person based on a photograph or recording of the person’s 23 face captured by the plate reader. 24 NEW SUBSECTION . 2C. A person shall not place an automatic 25 registration plate reader directed at a church, synagogue, or 26 other established place of religious worship, unless the person 27 has consent from the affected church, synagogue, or other 28 established place of religious worship, as applicable. 29 NEW SUBSECTION . 2D. The governing body of a local authority 30 that authorized the use of an automatic registration plate 31 reader shall audit or cause an audit of the use of each plate 32 reader within the local authority at least once every three 33 months. The governing body of the local authority shall 34 document the audit. 35 -2- HF 2161.2573 (3) 91 th/ns 2/ 3
Sec. 2. Section 321P.4, subsection 4, Code 2026, is amended 1 to read as follows: 2 4. a. A person who willfully and intentionally violates 3 subsection 01, 001, 0001, 1 , or 2C commits a simple 4 misdemeanor. 5 b. A person who violates subsection 2A or 2B for personal 6 gain or while violating any other provision of law commits 7 unauthorized computer access in violation of section 716.6B, 8 subsection 1, paragraph “a” . 9 Sec. 3. Section 716.6B, subsection 1, paragraph a, Code 10 2026, is amended to read as follows: 11 a. An aggravated misdemeanor if computer data is accessed 12 that contains a confidential record, as defined in section 13 22.7 , an image of a vehicle registration plate or any other 14 accompanying data captured by an automatic registration plate 15 reader in violation of section 321P.4, subsection 2A or 2B, 16 operational or support data of a public utility, as defined 17 in section 476.1 , operational or support data of a rural 18 water district incorporated pursuant to chapter 357A or 504 , 19 operational or support data of a municipal utility organized 20 pursuant to chapter 388 or 389 , operational or support data 21 of a public airport, or a trade secret, as defined in section 22 550.2 . > 23 ______________________________ COMMITTEE ON TRANSPORTATION JONES of Clay, Chairperson -3- HF 2161.2573 (3) 91 th/ns 3/ 3