H.F. 2646 Section 1. NEW SECTION . 13.12 Law enforcement data 1 collection and reporting. 2 1. Every state and local law enforcement agency shall 3 collect and compile data on each traffic, bicycle, or 4 pedestrian stop conducted by its officers, and shall report the 5 data to the attorney general on or before July 1 of each year, 6 subject to subsection 3. All of the following information 7 shall be collected and compiled for each stop, including but 8 not limited to stops that involve questioning or a driver’s 9 license or motor vehicle registration check but that do not 10 result in the issuance of a written citation or warning: 11 a. The time, date, location, and duration of the stop. 12 b. The reason for the stop. 13 c. Whether the officer performed a driver’s license or motor 14 vehicle registration check. 15 d. Whether the officer issued a citation or an oral or 16 written warning. 17 e. The offense for which the individual was warned, cited, 18 or arrested, if applicable. 19 f. The race, ethnicity, sex, and approximate age of the 20 individual, and whether English is the individual’s primary 21 language. The identification of these characteristics shall be 22 based primarily on information obtained from the individual’s 23 driver’s license or nonoperator’s identification card and 24 secondarily on the observations and perceptions of the officer 25 performing the stop. The officer shall not be required to 26 inquire about the individual’s race or ethnicity, or whether 27 English is the individual’s primary language, and shall rely 28 principally on such information encrypted on the individual’s 29 driver’s license or nonoperator’s identification card pursuant 30 to section 321.189 or 321.190. The identifying characteristics 31 of any passenger in the motor vehicle shall also be reported 32 if the stop involved the passenger and the officer performed a 33 search. 34 g. Whether the officer asked for consent to search the 35 -1- LSB 5514YH (5) 88 mo/ns 1/ 5

H.F. 2646 individual or vehicle and whether the individual consented to 1 the search; whether the officer searched the individual, the 2 vehicle, or any property, and the basis for the search; and 3 whether the officer seized any property, a description of the 4 property seized, and the basis for seizing the property. 5 h. Whether the officer used physical force against the 6 individual and whether the individual used physical force 7 against the officer. 8 i. Any other information which the officer or law 9 enforcement agency considers appropriate. 10 2. The attorney general shall develop a standardized form to 11 be used by law enforcement agencies in collecting, compiling, 12 and reporting the information pursuant to subsection 1. 13 3. a. Every state law enforcement agency and every local 14 law enforcement agency with jurisdiction over a city with a 15 population of four thousand five hundred or more shall submit 16 its first report to the attorney general on or before July 1, 17 2021. 18 b. Every local law enforcement agency with jurisdiction over 19 a city with a population of at least two thousand five hundred 20 but less than four thousand five hundred shall submit its first 21 report to the attorney general on or before July 1, 2022. 22 c. Every local law enforcement agency with jurisdiction over 23 a city with a population of less than two thousand five hundred 24 shall submit its first report to the attorney general on or 25 before July 1, 2023. 26 4. a. Except as otherwise provided by law, a law 27 enforcement agency shall not grant access to any personal 28 identifying information contained in the data collected by 29 the agency to any person except a federal, state, local, or 30 tribal government employee or agent who requires access to such 31 information in order to collect, compile, and report the data 32 in accordance with this section. 33 b. A law enforcement agency may permit a contractor 34 or nongovernmental entity to access personal identifying 35 -2- LSB 5514YH (5) 88 mo/ns 2/ 5

H.F. 2646 information contained in the data if the contractor or 1 nongovernmental entity signs an agreement with the agency 2 which prohibits further disclosure of the personal identifying 3 information by the contractor or nongovernmental entity, and 4 if the contractor or nongovernmental entity is required by the 5 agreement to maintain adequate security measures to prevent 6 unauthorized access to the personal identifying information. 7 Sec. 2. Section 321.189, subsection 2, paragraph a, Code 8 2020, is amended to read as follows: 9 a. Appearing on the driver’s license shall be a 10 distinguishing number assigned to the licensee; the licensee’s 11 full name, date of birth, sex, and residence address; a 12 color photograph; a physical description of the licensee; 13 the name of the state; the dates of issuance and expiration; 14 and the usual signature of the licensee. The license shall 15 identify the class of vehicle the licensee may operate and the 16 applicable endorsements and restrictions which the department 17 shall require by rule. The licensee’s race and ethnicity, and 18 whether English is the licensee’s primary language, shall be 19 encrypted on the back of the license. 20 Sec. 3. Section 321.190, subsection 1, paragraph a, Code 21 2020, is amended to read as follows: 22 a. The department shall, upon application and payment 23 of the required fee, issue to an applicant a nonoperator’s 24 identification card. To be valid the card shall bear a 25 distinguishing number other than a social security number 26 assigned to the cardholder, the full name, date of birth, 27 sex, residence address, a physical description and a color 28 photograph of the cardholder, the usual signature of the 29 cardholder, and such other information as the department may 30 require by rule. The card shall also contain the cardholder’s 31 race and ethnicity, and whether English is the cardholder’s 32 primary language, encrypted on the back of the card. An 33 applicant for a nonoperator’s identification card shall 34 apply for the card in the manner provided in section 321.182, 35 -3- LSB 5514YH (5) 88 mo/ns 3/ 5

H.F. 2646 subsections 1 through 3 . The card shall be issued to the 1 applicant at the time of application pursuant to procedures 2 established by rule. An applicant for a nonoperator’s 3 identification card who is required by 50 U.S.C. app. §451 4 et seq. to register with the United States selective service 5 system shall be registered by the department with the selective 6 service system as provided in section 321.183 . 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill requires that every state and local law 11 enforcement agency collect and compile data on each traffic, 12 bicycle, or pedestrian stop conducted by the agency’s officers 13 and report that data to the attorney general on or before July 14 1 of each year. The bill describes the information that a law 15 enforcement agency’s officers must collect and compile for each 16 stop, including the time, date, location, and duration of the 17 stop; the reason for the stop; whether the officer performed a 18 driver’s license or motor vehicle registration check; whether 19 the officer issued a citation or warning; the offense for which 20 an individual was warned, cited, or arrested; whether the 21 officer asked for consent to search the individual or vehicle 22 and whether the individual consented to the search; whether 23 the officer searched the individual, vehicle, or any property 24 and the basis for the search; whether the officer seized any 25 property and a description of the property and basis for 26 seizing the property; whether the officer used physical force 27 against the individual and whether the individual used physical 28 force against the officer; and any other information which the 29 officer or law enforcement agency considers appropriate. 30 The bill also requires a law enforcement agency’s officers 31 to collect the race, ethnicity, and approximate age of the 32 individual, and whether English is the individual’s primary 33 language. However, the identification of these characteristics 34 must be based primarily on information obtained from the 35 -4- LSB 5514YH (5) 88 mo/ns 4/ 5

H.F. 2646 individual’s driver’s license or nonoperator’s identification 1 card and secondarily on the observations and perceptions of the 2 officer performing the stop. The bill further requires that 3 an individual’s race and ethnicity, and whether English is the 4 individual’s primary language, be encrypted on the back of an 5 individual’s driver’s license or nonoperator’s identification 6 card, and an officer must principally rely on this encrypted 7 data when collecting the information required by the bill. 8 The bill requires the attorney general to develop a form to 9 be used by law enforcement agencies in collecting, compiling, 10 and reporting the information required by the bill. 11 The bill requires that every state law enforcement agency 12 and local law enforcement agency with jurisdiction over a city 13 with a population of 4,500 or more to submit its first report 14 to the attorney general on or before July 1, 2021. Every local 15 law enforcement agency with jurisdiction over a city with a 16 population of at least 2,500 but less than 4,500 is required 17 to submit its first report on or before July 1, 2022. Lastly, 18 every local law enforcement agency with jurisdiction over a 19 city with a population of less than 2,500 is required to submit 20 its first report on or before July 1, 2023. 21 The bill provides that a law enforcement agency is not 22 allowed to grant access to the personal identifying information 23 contained in the data collected by the agency to any person, 24 subject to exceptions for certain government employees and 25 agents and certain contractors or nongovernmental entities. 26 -5- LSB 5514YH (5) 88 mo/ns 5/ 5