S-5192

   Amend Senate File 2284, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 1, by striking lines 1 through 23 and inserting: 
   <Section 1.  Section 321P.1, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Automatic registration plate reader” or “plate reader” means a camera or other optical device designed to detect a registration plate or vehicle and capture an image of the registration plate or vehicle independent of a person exercising control of the camera or other optical device when the image is captured. “Plate reader” includes a device designed to work in conjunction with a camera or optical device to store images of registration plates or vehicles captured by the camera or optical device and a computer program or application that can be used to search for or copy an image of a registration plate or vehicle, with or without an algorithm.>
   2.  Page 3, after line 4 by inserting: 
   <Sec. ___.  NEW SECTION.  321P.20  Use of automatic registration plate readers —— local ordinance required —— facial recognition prohibited.
   1.  A person shall not use an automatic registration plate reader in a local authority unless the governing body of the local authority adopts an ordinance authorizing the use of plate readers.
   2.  If the governing body of a local authority authorizes the use of plate readers, the ordinance must include all of the following:
   a.  All vendors who provide plate readers, and any related services, in the local authority.
   b.  The employment classification of persons who are authorized to access a plate reader to search for a registration plate or vehicle.
   3.  A person shall not use and the governing body of a local authority shall not authorize the use of a plate reader that is not approved by the department of public safety.
   4.  Notwithstanding section 331.302, subsection 6, and section 380.3, the governing body of a local authority that is considering an ordinance to authorize the use of a plate reader shall not suspend the requirements of section 331.302, subsection 6, or section 380.3, as applicable.
   5.  A person shall not use a plate reader that is enabled to recognize or identify a person based on an image of the person’s face captured by the plate reader. A person who uses a plate reader shall not use software to recognize or identify a person based on an image of the person’s face captured by the plate reader.
   Sec. ___.  NEW SECTION.  321P.21  Plate reader searches and alerts.
   1.  A person shall not access an automatic registration plate reader to search for a registration plate or vehicle unless authorized.
   2.  a.  A person shall not access a plate reader to search for a registration plate or vehicle 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.
   b.  Notwithstanding paragraph “a”, if exigent circumstances exist and a specific number has not been assigned to a call for service or case, a person authorized to access a plate reader may search for a registration plate or vehicle without providing a call for service number or case number at the time of the search. The person shall add the call for service number or case number, as applicable, after the number is assigned.
   3.  If a plate reader is programmed to create an alert when the plate reader recognizes a particular registration plate or vehicle, a law enforcement officer shall verify that reasonable suspicion exists to stop the vehicle prior to taking any further action relating to the alert.
   Sec. ___.  NEW SECTION.  321P.22  Search logs, reports, and audits.
   1.  An entity that employs a person who is authorized to access an automatic registration plate reader to search for a registration plate or vehicle shall maintain a search log and retain the search log records for at least one year. A search log is not subject to the deletion requirement under section 321P.23, subsection 1.
   2.  When accessing a plate reader to search for a registration plate or vehicle, the person performing the search shall record the search in the search log required under subsection 1. The record must include the person’s name, the reason for the search, and the associated call for service number or case number.
   3.  An entity that maintains a search log shall audit the search log at least every four months. The entity shall report the results of the audit on the entity’s internet site, if it has one.
   Sec. ___.  NEW SECTION.  321P.23  Deletion requirement —— copies excepted —— dissemination.
   1.  Every image of a registration plate or vehicle captured by an automatic registration plate reader, and any other accompanying data, shall be deleted no later than thirty days after the image was captured.
   2.  Prior to deletion under subsection 1, an image of a registration plate or vehicle captured by a plate reader, and any other accompanying data, may be copied and saved on a device that is not a plate reader if the image and data are relevant to an ongoing criminal case or investigation. Copied images and data are not subject to deletion under subsection 1, but shall be maintained in accordance with applicable evidence retention policies.
   3.  A person who copies an image or data from a plate reader shall record the fact that copies were made in the search log under section 321P.22, subsection 1. The person shall include the reason for making copies and the related call for service number or case number, as applicable.
   4.  Except as provided in subsection 5, a person shall not disseminate a copy of an image or data from a 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; however, a law enforcement agency, local authority, or state entity shall not convey, share, or license historical location information to a plate reader vendor except as authorized under this section.
   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.
   5.  Subsection 4 shall not be construed to prohibit a person from sharing copied images and data from a plate reader under any of the following circumstances:
   a.  As evidence in a proceeding if the images and data are otherwise admissible pursuant to the Iowa rules of evidence.
   b.  With a potential witness to the extent necessary to investigate a crime or identify a person suspected of committing a crime.
   c.  With legal counsel, an insurer, or another person to obtain legal advice, defend a claim, or otherwise comply with a lawful obligation.
   d.  With the plate reader vendor for use, after processing anonymized or redacted derivatives of images or data pursuant to a written agreement, solely in conjunction with operating, securing, testing, or improving the vendor’s services.
   e.  With the plate reader vendor to access historical location information for installing, maintaining, or providing technical support for plate readers.
   6.  A person shall not use an image of a registration plate or data collected by a plate reader in this state for marketing, profiling, or commercial purposes. This subsection shall not be construed to prohibit a person’s use of an image or data captured by a plate reader in a manner authorized under this section.
   Sec. ___.  NEW SECTION.  321P.24  Approved plate readers, vendors, and state entities.
   1.  The department of public safety shall develop and maintain a list of approved automatic registration plate readers and vendors.
   2.  a.  A state agency, department, division, board, commission, institution, or authority may use an automatic registration plate reader notwithstanding section 321P.20, subsections 1 and 2, only if such use is approved by the commissioner of public safety.
   b.  If the commissioner of public safety approves such a state entity’s use of a plate reader, the commissioner shall also approve, in accordance with the applicable state entity’s classification designations, the employment classification of persons who are authorized to access a plate reader to search for a registration plate or vehicle. The commissioner’s approval is valid for one year and the commissioner may reapprove the continued use of a plate reader for additional terms not to exceed one year.
   3.  The department of public safety shall adopt rules pursuant to chapter 17A to administer this section. The rules must include a list of approved plate readers, vendors, and state entities.
   Sec. ___.  NEW SECTION.  321P.25  Criminal penalty.
   A person who does an act forbidden or fails to perform an act required by sections 321P.20 through 321P.23 commits a simple misdemeanor.
   Sec. ___.  NEW SECTION.  321P.26  Applicability.
   Sections 321P.20 through 321P.23 do not apply to a person who uses an automatic registration plate reader at the person’s private property or business.
   Sec. ___.  REPEAL.  Section 321P.4, Code 2026, is repealed.>
   3.  Title page, by striking line 3 and inserting <providing penalties.>
   4.  By renumbering as necessary.