H-8006

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

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COMMITTEE ON TRANSPORTATION

JONES of Clay, Chairperson