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HF2701 • 2026

A bill for an act relating to the use of automatic registration plate readers and providing penalties.(Formerly HF 2555 .)

A bill for an act relating to the use of automatic registration plate readers and providing penalties.(Formerly HF 2555 .)

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
COMMITTEE ON JUDICIARY
Last action
2026-02-23
Official status
Introduced, placed on calendar. H.J. 381 .
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

A bill for an act relating to the use of automatic registration plate readers and providing penalties.(Formerly HF 2555 .)

A bill for an act relating to the use of automatic registration plate readers and providing penalties.(Formerly HF 2555 .)

What This Bill Does

  • A bill for an act relating to the use of automatic registration plate readers and providing penalties.(Formerly HF 2555 .)

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-23 Iowa Legislature

    Introduced, placed on calendar. H.J. 381 .

Official Summary Text

A bill for an act relating to the use of automatic registration plate readers and providing penalties.(Formerly HF 2555 .)

Current Bill Text

Read the full stored bill text
House

File

2701

-

Introduced

HOUSE

FILE

2701

BY

COMMITTEE

ON

JUDICIARY

(SUCCESSOR

TO

HF

2555)

A

BILL

FOR

An

Act

relating

to

the

use

of

automatic

registration

plate

1

readers

and

providing

penalties.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

TLSB

6657HV

(1)

91

th/ns

H.F.

2701

Section

1.

NEW

SECTION

.

321Q.1

Definitions.

1

As

used

in

this

chapter:

2

1.

“Audit

trail”

means

all

records

of

queries

and

responses

3

relating

to

an

automatic

registration

plate

reader,

and

all

4

records

of

actions

relating

to

plate

reader

data

that

is

5

accessed,

entered,

updated,

shared,

or

disseminated,

including

6

all

of

the

following:

7

a.

The

date

and

time

when

a

plate

reader

was

accessed.

8

b.

The

registration

plate

characters

or

other

data

elements

9

used

to

query

a

plate

reader.

10

c.

The

specific

purpose,

in

accordance

with

section

321Q.4,

11

for

accessing

or

querying

a

plate

reader,

including

the

type

of

12

offense

for

a

criminal

investigation.

13

d.

The

associated

call

for

service

or

case

number.

14

e.

The

username

of

the

person

who

accessed

or

queried

the

15

plate

reader.

16

2.

“Audit

trail

data”

means

information

in

any

form

that

17

is

collected

or

generated

by

an

automatic

registration

plate

18

reader

for

purposes

of

producing

an

audit

trail.

19

3.

“Automatic

registration

plate

reader”

or

“plate

reader”

20

means

a

camera

or

other

optical

device

designed

or

programmed

21

to

automatically

detect

a

vehicle’s

registration

plate,

or

22

to

automatically

capture

or

store

an

image

of

a

vehicle’s

23

registration

plate

and

any

accompanying

data

that

is

capable

24

of

converting

an

image

of

a

registration

plate,

vehicle,

or

a

25

combination

of

both

into

computer-readable

data.

26

4.

“Law

enforcement

agency”

means

an

agency

or

entity

that

27

employs

a

peace

officer,

as

defined

in

section

801.4.

28

5.

“Missing

or

endangered

person”

means

a

person

who

has

29

been

identified

as

missing

or

endangered

based

on

information

30

provided

by

the

national

criminal

information

center

or

the

31

national

center

for

missing

and

exploited

children;

a

person

32

described

in

section

694.1;

a

person

subject

to

an

endangered

33

person

advisory

issued

by

the

department

of

public

safety;

a

34

person

subject

to

an

emergency

alert

to

the

public

that

a

child

35

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2701

has

been

abducted

and

is

believed

to

be

in

danger

of

serious

1

bodily

harm

or

death,

commonly

referred

to

as

an

amber

alert;

a

2

person

subject

to

a

blue

alert

under

chapter

80H;

or

a

person

3

subject

to

any

substantially

similar

alert

under

the

laws

of

4

another

state

or

territory

of

the

United

States,

the

District

5

of

Columbia,

or

the

United

States.

6

6.

“Notification”

means

an

alert

from

an

automatic

7

registration

plate

reader

that

a

registration

plate

or

vehicle

8

matches

a

registration

plate

or

vehicle

in

a

database

utilized

9

by

the

automatic

registration

plate

reader

for

comparison

10

purposes.

11

7.

“Person

associated

with

human

trafficking”

means

a

person

12

who

is

either

a

suspected

victim

or

an

alleged

perpetrator

of

13

human

trafficking,

as

defined

in

section

710A.1.

14

8.

“Plate

reader

data”

means

data

in

any

form

collected

15

or

generated

by

an

automatic

registration

plate

reader,

16

including

images

of

a

registration

plate;

vehicle;

identifying

17

characteristics

of

a

vehicle;

the

date,

time,

and

location

18

of

an

image;

and

any

peripheral

images

collected

from

which

19

analytical

data

may

be

extracted.

20

9.

“Procurement

team”

means

the

department

of

administrative

21

services

or

department

of

management

staff

responsible

for,

22

among

other

things,

overseeing

and

helping

state

employees

and

23

agencies

work

with

vendors

to

buy

goods

and

services

pursuant

24

to

chapter

8,

subchapter

XI,

or

chapter

8A,

subchapter

III,

as

25

applicable.

26

10.

“Publicize”

means

to

provide

information

to

members

27

of

the

public

via

an

internet

site

that

is

maintained

by

a

28

law

enforcement

agency

or

via

any

other

internet

site

on

29

which

the

agency

provides

information

so

long

as

the

internet

30

site

is

available

to

members

of

the

public

or

the

agency

31

clearly

describes

how

members

of

the

public

can

access

such

32

information.

33

11.

“Query”

means

a

search

of

plate

reader

data

based

on

34

information

entered

by

the

user,

including

a

full

or

partial

35

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registration

plate

number;

any

identifying

characteristics

of

a

1

vehicle;

the

date,

time,

or

location

of

an

image;

or

any

other

2

data

that

is

searchable

within

the

automatic

registration

plate

3

reader.

4

12.

“Vendor”

means

a

business,

company,

corporation,

5

or

other

nongovernmental

entity

that

contracts

with

a

law

6

enforcement

agency

or

municipality

for

the

installation,

use,

7

or

maintenance

of

an

automatic

registration

plate

reader.

8

Sec.

2.

NEW

SECTION

.

321Q.2

Approved

plate

readers.

9

A

person

other

than

a

law

enforcement

agency

shall

not

use

10

an

automatic

registration

plate

reader.

A

law

enforcement

11

agency

shall

not

use

a

plate

reader

unless

the

plate

reader

is

12

approved

by

the

procurement

team.

The

procurement

team

shall

13

not

approve

an

automatic

registration

plate

reader

for

use

14

unless

all

of

the

following

occur:

15

1.

The

vendor

certifies

that

it

will

not

sell

or

share

16

any

plate

reader

data

or

audit

trail

data

from

a

plate

reader

17

in

this

state,

except

upon

request

of

the

contracting

law

18

enforcement

agency

for

a

purpose

described

in

section

321Q.6,

19

and

will

only

access

plate

reader

data

or

audit

trail

data

20

upon

request

of

the

contracting

law

enforcement

agency

for

21

maintenance

and

quality

assurance

purposes.

22

2.

The

vendor

certifies

that

its

plate

reader

is

capable

23

of

purging

plate

reader

data

collected

or

generated

by

a

plate

24

reader

in

this

state

after

twenty-one

days

from

the

date

of

25

its

capture,

or

earlier

if

requested

by

the

contracting

law

26

enforcement

agency,

in

such

a

manner

that

the

plate

reader

data

27

is

destroyed

and

not

recoverable

by

either

the

vendor

or

the

28

contracting

law

enforcement

agency.

29

3.

The

vendor

certifies

that

its

plate

reader

is

capable

of

30

producing

an

audit

trail

and

purging

audit

trail

data

collected

31

or

generated

by

a

plate

reader

in

this

state

after

two

years

32

from

the

date

of

its

capture

in

such

a

manner

that

the

audit

33

trail

data

is

destroyed

and

not

recoverable

by

either

the

34

vendor

or

the

contracting

law

enforcement

agency.

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4.

The

databases

used

by

the

plate

reader

to

provide

1

notifications

in

accordance

with

section

321Q.4

are

updated

at

2

least

once

every

twenty-four

hours,

or

as

soon

as

practicable

3

after

such

updates

become

available.

4

5.

The

plate

reader

meets

information

security

standards

as

5

established

by

the

department

of

management.

6

Sec.

3.

NEW

SECTION

.

321Q.3

Vendor

contract

requirements.

7

A

law

enforcement

agency

shall

not

agree

to

a

contract

with

a

8

vendor

unless

the

contract

specifies

that

plate

reader

data

and

9

audit

trail

data

will

be

the

property

of

the

law

enforcement

10

agency

and

that

the

plate

reader

meets

the

requirements

under

11

section

321Q.2.

The

vendor

must

agree

to

immediately

notify

12

the

law

enforcement

agency

upon

receipt

of

any

subpoena

duces

13

tecum,

execution

of

any

search

warrant,

or

any

other

request

14

from

a

third

party

for

such

plate

reader

data

or

audit

trail

15

data,

unless

disclosure

of

such

subpoena

duces

tecum,

search

16

warrant,

or

request

is

otherwise

prohibited

by

law.

17

Sec.

4.

NEW

SECTION

.

321Q.4

Warrant

required

——

exceptions.

18

1.

A

law

enforcement

agency

shall

not

access

an

image

19

of

a

vehicle

registration

plate,

or

any

other

accompanying

20

data,

captured

by

an

automatic

registration

plate

reader

more

21

than

twenty-four

hours

after

the

image

or

data

was

captured

22

unless

a

magistrate

has

issued

a

search

warrant

for

the

23

specific

registration

plate

number

or

vehicle.

After

a

search

24

warrant

is

issued,

a

law

enforcement

agency

may

copy

and

25

store

a

registration

plate

image

and

any

accompanying

data

in

26

accordance

with

subsection

2.

27

2.

A

search

warrant

is

not

required

in

any

of

the

following

28

circumstances:

29

a.

When

the

owner

of

a

vehicle

gives

voluntary

consent

30

authorizing

the

operator

of

a

plate

reader

to

access

an

image

31

or

accompanying

data

of

the

owner’s

vehicle.

32

b.

When

the

owner

of

a

vehicle

files

a

report

with

a

law

33

enforcement

agency

attesting

that

the

vehicle

is

lost

or

34

stolen.

35

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c.

When

exigent

circumstances

make

it

impractical

to

obtain

1

a

search

warrant

before

the

exigency

expires.

2

d.

As

part

of

an

active

investigation

related

to

a

missing

3

or

endangered

person,

including

whether

to

issue

an

alert

for

4

such

person,

or

a

person

associated

with

human

trafficking.

5

e.

To

receive

notifications

related

to

a

missing

or

6

endangered

person,

a

person

with

an

outstanding

warrant,

a

7

person

associated

with

human

trafficking,

a

stolen

vehicle,

or

8

a

stolen

registration

plate.

9

3.

All

information

necessary

for

the

creation

of

an

audit

10

trail

shall

be

entered

in

order

to

query

plate

reader

data.

11

A

law

enforcement

agency

shall

not

query

or

download

plate

12

reader

data

unless

such

data

is

related

to

at

least

one

of

the

13

purposes

described

in

subsection

2.

A

law

enforcement

agency

14

may

download

audit

trail

data

for

purposes

of

generating

audit

15

reports.

16

Sec.

5.

NEW

SECTION

.

321Q.5

Data

retention.

17

1.

Within

twenty-one

days

after

plate

reader

data

is

18

recorded,

the

data

must

be

purged

in

a

manner

that

the

data

is

19

destroyed

and

not

recoverable

by

either

the

vendor

or

a

law

20

enforcement

agency.

21

2.

Within

two

years

after

audit

trail

data

is

recorded,

the

22

data

must

be

purged

in

a

manner

that

such

data

is

destroyed

23

and

not

recoverable

by

either

the

vendor

or

a

law

enforcement

24

agency.

25

3.

Notwithstanding

subsections

1

and

2,

if

the

plate

26

reader

data

or

the

audit

trail

data

is

part

of

an

ongoing

27

investigation,

prosecution,

or

civil

action,

the

data

shall

28

be

retained

by

the

law

enforcement

agency

in

accordance

with

29

applicable

records

retention

laws

and

policies

until

the

30

investigation

concludes

without

a

criminal

charge

being

filed

31

or

by

the

final

disposition

of

a

criminal

or

civil

matter

32

related

to

the

data,

including

any

direct

appeals

and

a

writ

of

33

habeas

corpus

pursuant

to

chapter

663

or

federal

law.

34

Sec.

6.

NEW

SECTION

.

321Q.6

Data

disclosure

restricted.

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1.

Plate

reader

data

and

audit

trail

data

are

confidential

1

records

under

chapter

22.

A

law

enforcement

agency

shall

not

2

sell

plate

reader

data

or

audit

trail

data.

3

2.

Except

as

provided

in

this

subsection

and

subsection

4

3,

a

law

enforcement

agency

shall

not

share

plate

reader

data

5

or

audit

trail

data

with,

or

disseminate

such

data

to,

any

6

database

of

another

state,

federal,

private,

or

commercial

7

entity.

A

law

enforcement

agency

may

share

plate

reader

data

8

or

audit

trail

data

for

any

of

the

following

purposes:

9

a.

With

another

law

enforcement

agency

for

purposes

set

10

forth

in

section

321Q.4,

which

may

include

allowing

another

law

11

enforcement

agency

to

query

plate

reader

data,

provided

that

12

the

agency

receiving

such

data

otherwise

complies

with

this

13

chapter.

14

b.

With

the

attorney

general

for

purposes

set

forth

in

15

section

321Q.4

or

for

complying

with

discovery

or

a

court

order

16

in

a

criminal

proceeding.

17

c.

With

a

defendant

or

the

defendant’s

legal

representative

18

for

purposes

of

complying

with

discovery

or

a

court

order

in

19

a

criminal

proceeding.

20

d.

Pursuant

to

a

court

order,

including

a

subpoena

duces

21

tecum

issued

by

a

court

in

a

criminal

or

civil

proceeding.

22

e.

With

the

vendor

for

maintenance

or

quality

assurance

23

purposes.

24

f.

To

alert

the

public

about

an

emergency

situation,

a

25

missing

or

endangered

person,

a

person

associated

with

human

26

trafficking,

or

a

person

with

an

outstanding

warrant.

27

3.

The

department

of

public

safety

shall

share

plate

reader

28

data

obtained

from

a

plate

reader

installed,

maintained,

29

and

operated

on

a

primary

road

system

with

any

other

law

30

enforcement

agency

with

jurisdiction

over

the

highway

where

the

31

plate

reader

is

operated,

and

such

law

enforcement

agency

may

32

share

such

plate

reader

data

in

accordance

with

subsection

2.

33

Sec.

7.

NEW

SECTION

.

321Q.7

Recordkeeping.

34

A

law

enforcement

agency

that

uses

a

plate

reader

shall

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maintain

records

sufficient

to

facilitate

public

reporting

as

1

required

by

this

section,

the

production

of

an

audit

trail,

2

and

discovery

in

criminal

and

civil

proceedings,

appeals,

and

3

postconviction

proceedings.

4

Sec.

8.

NEW

SECTION

.

321Q.8

Required

policies.

5

A

law

enforcement

agency

that

uses

a

plate

reader

shall

6

establish

a

policy

governing

such

use

that

is

consistent

with

7

this

chapter

that

includes

all

of

the

following:

8

1.

Training

requirements

for

persons

who

will

use

or

access

9

the

plate

reader.

10

2.

The

purposes

for

which

the

plate

reader

can

be

used

or

11

accessed.

12

3.

Procedures

to

ensure

that

the

databases

used

by

the

plate

13

reader

to

provide

notifications

are

updated

at

least

every

14

twenty-four

hours,

or

as

soon

as

practicable

after

such

updates

15

become

available.

16

4.

Procedures

to

confirm

the

accuracy

of

any

notifications

17

made

by

the

plate

reader

before

stopping

a

vehicle.

18

5.

A

prohibition

against

downloading

plate

reader

data

that

19

is

not

related

to

at

least

one

of

the

purposes

set

forth

in

20

section

321Q.4,

except

for

downloads

of

audit

trail

data

for

21

purposes

of

generating

audit

reports.

22

6.

An

internal

auditing

procedure

that

occurs

at

least

once

23

every

thirty

days.

24

7.

Procedures

for

the

retention

and

destruction

of

plate

25

reader

data

and

audit

trail

data

that

are

consistent

with

26

section

321Q.5.

27

8.

A

prohibition

on

the

sale

of

plate

reader

data

and

audit

28

trail

data

and

restrictions

on

the

sharing

of

plate

reader

data

29

and

audit

trail

data

that

are

consistent

with

section

321Q.6.

30

9.

Security

procedures

to

protect

the

plate

reader,

plate

31

reader

data,

and

audit

trail

data

from

unauthorized

access,

32

destruction,

use,

modification,

or

disclosure.

33

Sec.

9.

NEW

SECTION

.

321Q.9

Report

to

department

of

public

34

safety.

35

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2701

A

law

enforcement

agency

that

uses

a

plate

reader

shall

1

report

to

the

department

of

public

safety,

in

a

format

2

determined

by

the

department,

on

the

law

enforcement

agency’s

3

use

of

plate

readers

during

the

preceding

calendar

year,

which

4

shall

include

all

of

the

following

data:

5

1.

The

total

number

of

cameras

owned

or

leased

by

an

agency

6

as

part

of

a

plate

reader

at

the

conclusion

of

each

calendar

7

year,

including

the

number

of

such

cameras

designed

to

be

8

affixed

inside

or

on

a

motor

vehicle,

permanently

affixed

9

adjacent

to

a

highway,

or

temporarily

affixed

or

placed

10

adjacent

to

a

highway

for

purposes

of

capturing

plate

reader

11

data.

12

2.

A

list

of

all

state

and

federal

databases

with

which

the

13

plate

reader

data

was

compared,

unless

the

existence

of

any

14

such

database

itself

is

not

public.

15

3.

The

total

number

of

times

the

plate

reader

was

queried,

16

including

the

specific

purposes

of

the

queries,

and

the

offense

17

types

for

any

criminal

investigation.

18

4.

The

number

of

motor

vehicles

stopped

based

on

a

19

notification

from

the

plate

reader,

including

the

specific

20

reason

for

the

notification.

21

5.

Whether

the

agency

allows

any

other

law

enforcement

22

agencies

to

access

its

plate

reader

data,

and

if

so,

which

23

other

agencies

have

been

granted

such

access.

24

6.

The

number

of

identified

instances

of

unauthorized

use

25

of

or

access

to

the

plate

reader,

including

the

nature

and

26

circumstances

of

such

instances.

27

7.

The

number

of

subpoenas

duces

tecum,

search

warrants,

and

28

any

other

requests

received

from

a

third

party

for

plate

reader

29

data

or

audit

trail

data,

including

the

identity

of

the

entity

30

that

requested

the

issuance

of

such

subpoena

duces

tecum,

31

executed

such

search

warrant,

or

requested

such

data,

and

32

whether

any

data

was

provided

to

such

entity,

unless

disclosure

33

of

such

subpoena

duces

tecum,

search

warrant,

or

request

is

34

otherwise

prohibited

by

law.

35

-8-

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th/ns

8/

12

H.F.

2701

Sec.

10.

NEW

SECTION

.

321Q.10

Report

to

governor

and

1

general

assembly.

2

The

department

of

public

safety

shall

aggregate

the

data

3

provided

pursuant

to

section

321Q.9

and

submit

a

report

4

regarding

the

data

to

the

governor

and

to

the

general

assembly

5

on

or

before

the

second

Monday

in

January

of

each

year.

6

Sec.

11.

NEW

SECTION

.

321Q.11

Publicized

information.

7

A

law

enforcement

agency

that

uses

a

plate

reader

shall

8

publicize

the

policy

set

forth

in

section

321Q.8

and

the

report

9

set

forth

in

section

321Q.9.

Data

shall

not

be

publicized

10

if

it

contains

personal

or

case

identifying

information.

In

11

addition,

data

that

contains

an

articulable

concern

for

a

12

person’s

safety,

that

is

otherwise

prohibited

from

public

13

disclosure

by

federal

or

state

law,

or

that

may

compromise

14

sensitive

criminal

justice

information

if

disclosed,

may

be

15

excluded

from

being

publicized.

16

Sec.

12.

NEW

SECTION

.

321Q.12

Restrictions

on

use.

17

A

law

enforcement

agency

shall

not

use

a

plate

reader

for

18

the

purpose

of

interfering

with

individuals

engaged

in

lawful

19

activities

or

tracking

individuals

on

the

basis

of

the

content

20

of

lawfully

protected

speech

or

the

free

exercise

of

religion.

21

Sec.

13.

NEW

SECTION

.

321Q.13

Stops

based

only

on

plate

22

reader

alerts

prohibited.

23

A

notification

by

a

plate

reader

for

purposes

set

forth

24

in

section

321Q.4

does

not,

by

itself,

constitute

reasonable

25

suspicion

as

grounds

for

law

enforcement

to

stop

a

vehicle.

26

Prior

to

stopping

a

vehicle

based

on

a

notification,

a

law

27

enforcement

officer

shall

do

at

least

one

of

the

following:

28

1.

Identify

independent

reasonable

suspicion

for

the

stop.

29

2.

Confirm

that

the

registration

plate

or

identifying

30

characteristics

of

the

vehicle

match

the

information

contained

31

in

the

database

used

to

generate

the

notification.

32

Sec.

14.

NEW

SECTION

.

321Q.14

Criminal

penalty.

33

A

person

who

willfully

and

intentionally

queries,

accesses,

34

or

uses

a

plate

reader

for

a

purpose

other

than

described

35

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H.F.

2701

in

section

321Q.4,

or

who

willfully

and

intentionally

sells,

1

shares,

or

disseminates

plate

reader

data

or

audit

trail

data

2

in

violation

of

section

321Q.6,

commits

a

serious

misdemeanor.

3

Sec.

15.

NEW

SECTION

.

321Q.15

Evidence

admissibility.

4

Evidence

obtained

as

the

result

of

a

violation

of

this

5

chapter

is

not

admissible

by

the

state

in

any

criminal

or

civil

6

proceeding,

but

such

evidence

may

be

admitted

by

a

defendant

in

7

a

criminal

proceeding

or

a

litigant,

other

than

the

state,

in

a

8

civil

proceeding.

9

Sec.

16.

NEW

SECTION

.

321Q.16

Applicability.

10

This

chapter

does

not

apply

to

an

automated

traffic

law

11

enforcement

system

used

to

enforce

parking

regulations,

speed

12

limits,

toll

requirements,

high-occupancy

vehicle

requirements,

13

or

on-road

emissions

monitoring.

14

Sec.

17.

NEW

SECTION

.

321Q.17

Vendor

required

to

notify.

15

Upon

receipt

of

a

subpoena

duces

tecum,

execution

of

a

search

16

warrant,

or

any

other

request

from

a

third

party

for

any

plate

17

reader

data

or

audit

trail

data,

a

vendor

shall

immediately

18

notify

the

law

enforcement

agency

using

the

vendor’s

plate

19

reader,

unless

disclosure

of

such

subpoena

duces

tecum,

search

20

warrant,

or

request

is

otherwise

prohibited

by

law.

21

Sec.

18.

NEW

SECTION

.

321Q.18

Promotion

of

public

22

awareness.

23

Prior

to

or

coincident

with

the

implementation

of

an

24

automatic

registration

plate

reader,

a

law

enforcement

agency

25

shall

take

measures

to

promote

public

awareness

on

the

agency’s

26

use

of

the

plate

reader.

27

Sec.

19.

REPEAL.

Section

321P.4,

Code

2026,

is

repealed.

28

EXPLANATION

29

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

30

the

explanation’s

substance

by

the

members

of

the

general

assembly.

31

Under

current

law,

the

operator

of

an

automatic

registration

32

plate

reader

(plate

reader)

or

any

associated

data

storage

33

device

is

required

to

permanently

delete

from

the

plate

reader

34

and

storage

device,

as

applicable,

every

image

of

a

vehicle

35

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2701

registration

plate

captured

by

the

plate

reader,

and

any

other

1

accompanying

data,

no

later

than

30

days

after

the

image

was

2

captured.

However,

prior

to

deletion,

an

image

of

a

vehicle

3

registration

plate

captured

by

a

plate

reader

may

be

copied

and

4

stored

by

a

law

enforcement

agency

if

the

image

and

data

are

5

relevant

to

an

ongoing

criminal

case

or

investigation.

The

law

6

enforcement

agency

is

not

required

to

delete

the

copied

image

7

or

data

but

must

maintain

the

copied

registration

plate

image

8

and

data

in

accordance

with

the

agency’s

evidence

retention

9

policies.

10

This

bill

repeals

these

provisions

and

enacts

a

new

Code

11

chapter

regulating

the

use

of

plate

readers.

12

The

bill

prohibits

a

person

other

than

a

law

enforcement

13

agency

from

using

a

plate

reader.

A

plate

reader

must

be

14

approved

by

a

specified

state

procurement

team

that

must

vet

15

the

vendor

and

plate

reader

systems.

The

bill

requires

certain

16

provisions

be

included

in

any

contract

to

use

a

plate

reader.

17

The

bill

requires

a

warrant

to

search

a

plate

reader,

with

18

exceptions

provided

in

the

bill.

Additionally,

the

bill

19

regulates

plate

reader

data

retention

and

data

disclosure,

20

and

requires

recordkeeping,

local

policies

for

using

a

plate

21

reader,

reports

to

the

department

of

public

safety

and

to

the

22

governor

and

general

assembly,

and

information

about

the

use

of

23

plate

readers

to

be

publicized.

The

bill

places

restrictions

24

on

how

plate

readers

may

be

used

and

regulates

law

enforcement

25

officers

stopping

a

vehicle

based

solely

on

plate

reader

26

alerts.

27

A

person

who

willfully

and

intentionally

queries,

accesses,

28

or

uses

a

plate

reader

in

violation

of

the

bill,

or

who

29

willfully

and

intentionally

sells,

shares,

or

disseminates

30

plate

reader

data

or

audit

trail

data

in

violation

of

the

31

bill,

commits

a

serious

misdemeanor.

A

serious

misdemeanor

is

32

punishable

by

confinement

for

no

more

than

one

year

and

a

fine

33

of

at

least

$430

but

not

more

than

$2,560.

34

The

bill

regulates

the

admissibility

of

evidence

obtained

35

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H.F.

2701

by

a

plate

reader,

requires

a

vendor

to

notify

law

enforcement

1

agencies

regarding

requests

for

access

to

the

vendor’s

plate

2

reader,

and

requires

law

enforcement

agencies

to

promote

public

3

awareness

of

the

use

of

plate

readers.

4

The

bill

does

not

apply

to

an

automated

traffic

law

5

enforcement

system

used

to

enforce

parking

regulations,

speed

6

limits,

toll

requirements,

high-occupancy

vehicle

requirements,

7

or

on-road

emissions

monitoring.

8

-12-

LSB

6657HV

(1)

91

th/ns

12/

12