SF 2350 (LSB 5858XS (6) 91)

SENATE FILE 2350

BY  PETERSEN, BISIGNANO, HARDMAN, DONAHUE, DOTZLER, WEINER, and WINCKLER

A BILL FOR

An Act relating to the use of automatic registration plate readers, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321P.4, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  a.  A person shall not use an automated registration plate reader to search for or access an image of a vehicle registration plate or any accompanying data captured by the plate reader unless all of the following are true:
   (1)  The person is a law enforcement officer with supervisory duties.
   (2)  A magistrate has issued a search warrant for the specific registration plate number or vehicle.
   b.  A person who uses a plate reader shall record each time the person used the plate reader in a records log. The person must provide a detailed reason for using the plate reader, an associated case number, and the number of plate reader cameras the person searched. The agency using a plate reader shall maintain the records log.
   NEW SUBSECTION.  2A.  a.  If an automatic registration plate reader is programmed to create an alert when the plate reader identifies a particular registration plate number or vehicle, a law enforcement officer shall review the list of registration plate numbers and vehicles that the automatic registration plate reader is programmed to identify and shall verify the list does not include a registration plate number or vehicle for which there is no probable cause to identify.
   b.  A person who uses a plate reader to compare registration plate data with hotlist data to determine whether an image or other data captured by a plate reader is relevant and material to an investigation must update the plate reader alert system and hotlist in real time, at the beginning of each shift, or whenever such updates are available.
   NEW SUBSECTION.  2B.  A person shall not provide access to an automatic registration plate reader or a copy of an image of a vehicle registration plate captured by a plate reader, or any other accompanying data, to a nongovernmental third party in this state, or to a third party outside of this state, unless a search warrant has been issued for the specific registration plate and accompanying data or unless ordered by a court.
   NEW SUBSECTION.  2C.  The operator of an automatic registration plate reader shall create and maintain a transparency portal. A transparency portal must provide public access to review key facts about the use of a plate reader, including all of the following:
   a.  A list of examples the plate reader is designed and programmed to detect.
   b.  A list of examples the plate reader is designed or programmed to not detect.
   c.  Prohibited uses of the plate reader.
   d.  Registration plate image and associated data retention statistics.
   e.  The number of plate readers in operation.
   f.  The number of vehicles and registration plates scanned.
   g.  The number of times a plate reader is accessed to conduct a search.
   h.  The records log required to be used under subsection 01, paragraph “b”.
   NEW SUBSECTION.  2D.  The department of transportation shall adopt rules pursuant to chapter 17A relating to audits of automatic registration plate readers to ensure local authorities are complying with this section. The rules must provide for audits to be performed regularly and must provide for audits on the use of specific plate readers and the use of plate readers generally across the state.
    Sec. 2.  Section 321P.4, subsections 1, 3, and 4, Code 2026, are amended to read as follows:
   1.  The operator of an automatic registration plate reader or any associated data storage device shall permanently delete from the plate reader and storage device, as applicable, every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, no later than thirty seven days after the image was captured.
   3.  For purposes of this section, “automatic:
   a.  “Automatic registration plate reader” or “plate reader” means a camera or other optical device designed or programmed to automatically detect a vehicle’s registration plate, or to automatically capture or store an image of a vehicle’s registration plate and any accompanying data.
   b.  “Hotlist” means a database of compiled registration plate characters and other vehicle identifying information that is maintained in a manner that ensures the information is and remains accurate, relevant, timely, and complete. The information in a hotlist must be limited to particular vehicles or persons associated with a particular vehicle deemed relevant and material to an ongoing criminal enforcement effort or a missing person investigation.
   c.  “Transparency portal” means a publicly accessible internet site hosted by the operator of an automatic registration plate reader or by the manufacturer of the automatic registration plate reader.
   4.  A person who violates subsection 01, 1, 2A, 2B, or 2C commits a simple misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the operator of an automatic registration plate reader (plate reader) is required to permanently delete every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, within 30 days after the image was captured. Prior to deletion from the plate reader, a law enforcement agency is authorized to copy and store an image of a vehicle registration plate captured by a plate reader, and any other accompanying data, if the image and data are relevant to an ongoing criminal case or investigation. Copies maintained by a law enforcement agency are not required to be deleted, but the law enforcement agency must maintain the copies in accordance with the agency’s evidence retention policies. A person who violates the deletion requirement commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   This bill further regulates the operation of plate readers, including by reducing the retention period from 30 days to 7 days, prohibiting certain uses, restricting access, limiting the sharing of data, and providing for public oversight and audits regarding the use of plate readers. A person who uses or accesses a plate reader in violation of the bill commits a simple misdemeanor.