H.F. 2161 Section 1. Section 321P.4, Code 2026, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. A person shall not use an automatic 3 registration plate reader in a local authority unless the 4 governing body of the local authority has adopted an ordinance 5 authorizing the use of a plate reader in the local authority. 6 NEW SUBSECTION . 001. A person shall not access an image of 7 a vehicle registration plate, or any other accompanying data, 8 captured by an automatic registration plate reader more than 9 twenty-four hours after the image or data was captured unless 10 a magistrate has issued a search warrant for the specific 11 registration plate number or vehicle or a county attorney has 12 issued a subpoena for the specific registration plate number 13 or vehicle. After a search warrant or subpoena is issued, a 14 person may copy and store a registration plate image and any 15 accompanying data in accordance with subsection 2. A search 16 warrant or subpoena is not required under this subsection in 17 any of the following circumstances: 18 a. When the owner of a vehicle gives voluntary consent 19 authorizing the operator of a plate reader to access an image 20 or accompanying data of the owner’s vehicle. 21 b. When the owner of a vehicle files a report with a law 22 enforcement agency attesting that the vehicle is lost or 23 stolen. 24 c. When exigent circumstances make it impractical to obtain 25 a search warrant or subpoena before the exigency expires. 26 d. When searching for evidence related to an emergency alert 27 to the public that a child has been abducted and is believed to 28 be in danger of serious bodily harm or death, commonly referred 29 to as an amber alert. 30 e. When searching for evidence related to a violation of 31 section 710A.2. 32 NEW SUBSECTION . 2A. A person who accesses an image of a 33 vehicle registration plate, or any other accompanying data, 34 captured by an automatic registration plate reader shall 35 -1- LSB 5768YH (8) 91 th/ns 1/ 4

H.F. 2161 record the person’s access in a records log maintained by the 1 local authority that authorized the use of the plate reader. 2 A person shall not provide a copy of an image of a vehicle 3 registration plate captured by an automatic registration plate 4 reader, or any other accompanying data, to a nongovernmental 5 third party in this state or to a third party outside of this 6 state. 7 NEW SUBSECTION . 2B. A person shall not use an automatic 8 registration plate reader that is able to recognize or identify 9 a person based on a photograph or recording of the person’s 10 face captured by the plate reader. A person who uses a plate 11 reader shall not use software designed to recognize or identify 12 a person based on a photograph or recording of the person’s 13 face captured by the plate reader. 14 NEW SUBSECTION . 2C. A person shall not place an automatic 15 registration plate reader directed at a church, synagogue, or 16 other established place of religious worship. 17 Sec. 2. Section 321P.4, subsection 4, Code 2026, is amended 18 to read as follows: 19 4. a. A person who violates subsection 01, 001, 1 , or 2C 20 commits a simple misdemeanor. 21 b. A person who violates subsection 2A or 2B commits 22 unauthorized computer access in violation of section 716.6B, 23 subsection 1, paragraph “a” . 24 Sec. 3. Section 716.6B, subsection 1, paragraph a, Code 25 2026, is amended to read as follows: 26 a. An aggravated misdemeanor if computer data is accessed 27 that contains a confidential record, as defined in section 28 22.7 , an image of a vehicle registration plate or any other 29 accompanying data captured by an automatic registration plate 30 reader in violation of section 321P.4, subsection 2A or 2B, 31 operational or support data of a public utility, as defined 32 in section 476.1 , operational or support data of a rural 33 water district incorporated pursuant to chapter 357A or 504 , 34 operational or support data of a municipal utility organized 35 -2- LSB 5768YH (8) 91 th/ns 2/ 4

H.F. 2161 pursuant to chapter 388 or 389 , operational or support data 1 of a public airport, or a trade secret, as defined in section 2 550.2 . 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 Under current law, the operator of an automatic registration 7 plate reader (plate reader) is required to permanently delete 8 every image of a vehicle registration plate captured by the 9 plate reader, and any other accompanying data, within 30 days 10 after the image was captured. Prior to deletion from the plate 11 reader, a law enforcement agency is authorized to copy and 12 store an image of a vehicle registration plate captured by a 13 plate reader, and any other accompanying data, if the image and 14 data are relevant to an ongoing criminal case or investigation. 15 Copies maintained by a law enforcement agency are not required 16 to be deleted, but the law enforcement agency must maintain 17 the copies in accordance with the agency’s evidence retention 18 policies. A person who violates the deletion requirement 19 commits a simple misdemeanor. A simple misdemeanor is 20 punishable by confinement for no more than 30 days and a fine 21 of at least $105 but not more than $855. 22 This bill prohibits a person from using a plate reader 23 unless the governing body of the local authority has adopted an 24 ordinance authorizing the use of a plate reader in the county 25 or municipality, as applicable. A person who violates this 26 provision commits a simple misdemeanor. 27 The bill prohibits a person from accessing an image of a 28 vehicle registration plate captured by a plate reader, or any 29 other accompanying data, more than 24 hours after the image 30 or data was captured unless a magistrate has issued a search 31 warrant for the specific registration plate number or vehicle 32 or a county attorney has issued a subpoena for the specific 33 registration plate number or vehicle. The bill provides 34 exceptions to the search warrant or subpoena requirement when 35 -3- LSB 5768YH (8) 91 th/ns 3/ 4

H.F. 2161 the owner of a vehicle gives voluntary consent, when the 1 vehicle is lost or stolen, when exigent circumstances exist, 2 when searching for evidence related to an amber alert, or when 3 searching for evidence related to human trafficking. A person 4 who violates this provision commits a simple misdemeanor. 5 The bill requires a person who accesses an image of a vehicle 6 registration plate, or any other accompanying data, captured by 7 a plate reader to record the person’s access in a records log 8 maintained by the local authority that authorized the use of 9 the plate reader, and prohibits a person from providing a copy 10 of an image of a vehicle registration plate captured by a plate 11 reader, or any other accompanying data, to a nongovernmental 12 third party in Iowa or to a third party outside of Iowa. A 13 person is prohibited from using a plate reader that is able 14 to recognize or identify a person based on a photograph or 15 recording of the person’s face captured by the plate reader 16 and from using software designed to recognize or identify a 17 person based on a photograph or recording of the person’s face 18 captured by the plate reader. A person who violates these 19 provisions commits unauthorized computer access, in violation 20 of Code section 716.6B(1)(a), an aggravated misdemeanor. An 21 aggravated misdemeanor is punishable by confinement for no more 22 than two years and a fine of at least $855 but not more than 23 $8,540. 24 The bill prohibits a plate reader from being placed and 25 directed at a church, synagogue, or other established place 26 of religious worship. A person who violates this provision 27 commits a simple misdemeanor. 28 -4- LSB 5768YH (8) 91 th/ns 4/ 4