House Amendment to Senate File 2284 S-5192 Amend Senate File 2284, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, by striking lines 1 through 23 and inserting: 3 < Section 1. Section 321P.1, Code 2026, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 1A. “Automatic registration plate reader” or 6 “plate reader” means a camera or other optical device designed 7 to detect a registration plate or vehicle and capture an image 8 of the registration plate or vehicle independent of a person 9 exercising control of the camera or other optical device 10 when the image is captured. “Plate reader” includes a device 11 designed to work in conjunction with a camera or optical device 12 to store images of registration plates or vehicles captured 13 by the camera or optical device and a computer program or 14 application that can be used to search for or copy an image of a 15 registration plate or vehicle, with or without an algorithm. > 16 2. Page 3, after line 4 by inserting: 17 < Sec. ___. NEW SECTION . 321P.20 Use of automatic 18 registration plate readers —— local ordinance required —— facial 19 recognition prohibited. 20 1. A person shall not use an automatic registration plate 21 reader in a local authority unless the governing body of the 22 local authority adopts an ordinance authorizing the use of 23 plate readers. 24 2. If the governing body of a local authority authorizes 25 the use of plate readers, the ordinance must include all of the 26 following: 27 a. All vendors who provide plate readers, and any related 28 services, in the local authority. 29 b. The employment classification of persons who are 30 authorized to access a plate reader to search for a 31 registration plate or vehicle. 32 3. A person shall not use and the governing body of a local 33 authority shall not authorize the use of a plate reader that is 34 not approved by the department of public safety. 35 -1- SF 2284.4043.H (1) 91 md 1/ 6 #1. #2.

4. Notwithstanding section 331.302, subsection 6, and 1 section 380.3, the governing body of a local authority that 2 is considering an ordinance to authorize the use of a plate 3 reader shall not suspend the requirements of section 331.302, 4 subsection 6, or section 380.3, as applicable. 5 5. A person shall not use a plate reader that is enabled 6 to recognize or identify a person based on an image of the 7 person’s face captured by the plate reader. A person who uses 8 a plate reader shall not use software to recognize or identify 9 a person based on an image of the person’s face captured by the 10 plate reader. 11 Sec. ___. NEW SECTION . 321P.21 Plate reader searches and 12 alerts. 13 1. A person shall not access an automatic registration plate 14 reader to search for a registration plate or vehicle unless 15 authorized. 16 2. a. A person shall not access a plate reader to search 17 for a registration plate or vehicle unless the search is 18 related to a call for service or case and the call for service 19 or case is identified by an assigned specific number. 20 b. Notwithstanding paragraph “a” , if exigent circumstances 21 exist and a specific number has not been assigned to a call 22 for service or case, a person authorized to access a plate 23 reader may search for a registration plate or vehicle without 24 providing a call for service number or case number at the time 25 of the search. The person shall add the call for service 26 number or case number, as applicable, after the number is 27 assigned. 28 3. If a plate reader is programmed to create an alert when 29 the plate reader recognizes a particular registration plate or 30 vehicle, a law enforcement officer shall verify that reasonable 31 suspicion exists to stop the vehicle prior to taking any 32 further action relating to the alert. 33 Sec. ___. NEW SECTION . 321P.22 Search logs, reports, and 34 audits. 35 -2- SF 2284.4043.H (1) 91 md 2/ 6

1. An entity that employs a person who is authorized to 1 access an automatic registration plate reader to search for a 2 registration plate or vehicle shall maintain a search log and 3 retain the search log records for at least one year. A search 4 log is not subject to the deletion requirement under section 5 321P.23, subsection 1. 6 2. When accessing a plate reader to search for a 7 registration plate or vehicle, the person performing the search 8 shall record the search in the search log required under 9 subsection 1. The record must include the person’s name, the 10 reason for the search, and the associated call for service 11 number or case number. 12 3. An entity that maintains a search log shall audit the 13 search log at least every four months. The entity shall report 14 the results of the audit on the entity’s internet site, if it 15 has one. 16 Sec. ___. NEW SECTION . 321P.23 Deletion requirement —— 17 copies excepted —— dissemination. 18 1. Every image of a registration plate or vehicle captured 19 by an automatic registration plate reader, and any other 20 accompanying data, shall be deleted no later than thirty days 21 after the image was captured. 22 2. Prior to deletion under subsection 1, an image of a 23 registration plate or vehicle captured by a plate reader, and 24 any other accompanying data, may be copied and saved on a 25 device that is not a plate reader if the image and data are 26 relevant to an ongoing criminal case or investigation. Copied 27 images and data are not subject to deletion under subsection 1, 28 but shall be maintained in accordance with applicable evidence 29 retention policies. 30 3. A person who copies an image or data from a plate reader 31 shall record the fact that copies were made in the search log 32 under section 321P.22, subsection 1. The person shall include 33 the reason for making copies and the related call for service 34 number or case number, as applicable. 35 -3- SF 2284.4043.H (1) 91 md 3/ 6

4. Except as provided in subsection 5, a person shall not 1 disseminate a copy of an image or data from a plate reader to a 2 third party unless the third party is one of the following: 3 a. A peace officer or law enforcement agency. 4 b. A person who has a contract with a law enforcement agency 5 for the sole purpose of protecting public safety, conducting 6 criminal investigations, or ensuring compliance with federal, 7 state, or local law; however, a law enforcement agency, local 8 authority, or state entity shall not convey, share, or license 9 historical location information to a plate reader vendor except 10 as authorized under this section. 11 c. The national insurance crime bureau or its successor 12 organization, an insurance carrier, or an insurance support 13 organization, solely for the purpose of investigating insurance 14 fraud, assisting in vehicle recovery, or adjudicating insurance 15 claims. 16 5. Subsection 4 shall not be construed to prohibit a person 17 from sharing copied images and data from a plate reader under 18 any of the following circumstances: 19 a. As evidence in a proceeding if the images and data are 20 otherwise admissible pursuant to the Iowa rules of evidence. 21 b. With a potential witness to the extent necessary 22 to investigate a crime or identify a person suspected of 23 committing a crime. 24 c. With legal counsel, an insurer, or another person to 25 obtain legal advice, defend a claim, or otherwise comply with a 26 lawful obligation. 27 d. With the plate reader vendor for use, after processing 28 anonymized or redacted derivatives of images or data pursuant 29 to a written agreement, solely in conjunction with operating, 30 securing, testing, or improving the vendor’s services. 31 e. With the plate reader vendor to access historical 32 location information for installing, maintaining, or providing 33 technical support for plate readers. 34 6. A person shall not use an image of a registration 35 -4- SF 2284.4043.H (1) 91 md 4/ 6

plate or data collected by a plate reader in this state for 1 marketing, profiling, or commercial purposes. This subsection 2 shall not be construed to prohibit a person’s use of an image 3 or data captured by a plate reader in a manner authorized under 4 this section. 5 Sec. ___. NEW SECTION . 321P.24 Approved plate readers, 6 vendors, and state entities. 7 1. The department of public safety shall develop and 8 maintain a list of approved automatic registration plate 9 readers and vendors. 10 2. a. A state agency, department, division, board, 11 commission, institution, or authority may use an automatic 12 registration plate reader notwithstanding section 321P.20, 13 subsections 1 and 2, only if such use is approved by the 14 commissioner of public safety. 15 b. If the commissioner of public safety approves such a 16 state entity’s use of a plate reader, the commissioner shall 17 also approve, in accordance with the applicable state entity’s 18 classification designations, the employment classification 19 of persons who are authorized to access a plate reader to 20 search for a registration plate or vehicle. The commissioner’s 21 approval is valid for one year and the commissioner may 22 reapprove the continued use of a plate reader for additional 23 terms not to exceed one year. 24 3. The department of public safety shall adopt rules 25 pursuant to chapter 17A to administer this section. The rules 26 must include a list of approved plate readers, vendors, and 27 state entities. 28 Sec. ___. NEW SECTION . 321P.25 Criminal penalty. 29 A person who does an act forbidden or fails to perform an act 30 required by sections 321P.20 through 321P.23 commits a simple 31 misdemeanor. 32 Sec. ___. NEW SECTION . 321P.26 Applicability. 33 Sections 321P.20 through 321P.23 do not apply to a person 34 who uses an automatic registration plate reader at the person’s 35 -5- SF 2284.4043.H (1) 91 md 5/ 6