Read the full stored bill text
Senate
File
2350
-
Introduced
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
1
readers,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321P.4,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
01.
a.
A
person
shall
not
use
an
automated
3
registration
plate
reader
to
search
for
or
access
an
image
of
a
4
vehicle
registration
plate
or
any
accompanying
data
captured
by
5
the
plate
reader
unless
all
of
the
following
are
true:
6
(1)
The
person
is
a
law
enforcement
officer
with
supervisory
7
duties.
8
(2)
A
magistrate
has
issued
a
search
warrant
for
the
9
specific
registration
plate
number
or
vehicle.
10
b.
A
person
who
uses
a
plate
reader
shall
record
each
time
11
the
person
used
the
plate
reader
in
a
records
log.
The
person
12
must
provide
a
detailed
reason
for
using
the
plate
reader,
an
13
associated
case
number,
and
the
number
of
plate
reader
cameras
14
the
person
searched.
The
agency
using
a
plate
reader
shall
15
maintain
the
records
log.
16
NEW
SUBSECTION
.
2A.
a.
If
an
automatic
registration
plate
17
reader
is
programmed
to
create
an
alert
when
the
plate
reader
18
identifies
a
particular
registration
plate
number
or
vehicle,
a
19
law
enforcement
officer
shall
review
the
list
of
registration
20
plate
numbers
and
vehicles
that
the
automatic
registration
21
plate
reader
is
programmed
to
identify
and
shall
verify
the
22
list
does
not
include
a
registration
plate
number
or
vehicle
23
for
which
there
is
no
probable
cause
to
identify.
24
b.
A
person
who
uses
a
plate
reader
to
compare
registration
25
plate
data
with
hotlist
data
to
determine
whether
an
image
or
26
other
data
captured
by
a
plate
reader
is
relevant
and
material
27
to
an
investigation
must
update
the
plate
reader
alert
system
28
and
hotlist
in
real
time,
at
the
beginning
of
each
shift,
or
29
whenever
such
updates
are
available.
30
NEW
SUBSECTION
.
2B.
A
person
shall
not
provide
access
to
an
31
automatic
registration
plate
reader
or
a
copy
of
an
image
of
a
32
vehicle
registration
plate
captured
by
a
plate
reader,
or
any
33
other
accompanying
data,
to
a
nongovernmental
third
party
in
34
this
state,
or
to
a
third
party
outside
of
this
state,
unless
a
35
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search
warrant
has
been
issued
for
the
specific
registration
1
plate
and
accompanying
data
or
unless
ordered
by
a
court.
2
NEW
SUBSECTION
.
2C.
The
operator
of
an
automatic
3
registration
plate
reader
shall
create
and
maintain
a
4
transparency
portal.
A
transparency
portal
must
provide
public
5
access
to
review
key
facts
about
the
use
of
a
plate
reader,
6
including
all
of
the
following:
7
a.
A
list
of
examples
the
plate
reader
is
designed
and
8
programmed
to
detect.
9
b.
A
list
of
examples
the
plate
reader
is
designed
or
10
programmed
to
not
detect.
11
c.
Prohibited
uses
of
the
plate
reader.
12
d.
Registration
plate
image
and
associated
data
retention
13
statistics.
14
e.
The
number
of
plate
readers
in
operation.
15
f.
The
number
of
vehicles
and
registration
plates
scanned.
16
g.
The
number
of
times
a
plate
reader
is
accessed
to
conduct
17
a
search.
18
h.
The
records
log
required
to
be
used
under
subsection
01,
19
paragraph
“b”
.
20
NEW
SUBSECTION
.
2D.
The
department
of
transportation
21
shall
adopt
rules
pursuant
to
chapter
17A
relating
to
audits
22
of
automatic
registration
plate
readers
to
ensure
local
23
authorities
are
complying
with
this
section.
The
rules
must
24
provide
for
audits
to
be
performed
regularly
and
must
provide
25
for
audits
on
the
use
of
specific
plate
readers
and
the
use
of
26
plate
readers
generally
across
the
state.
27
Sec.
2.
Section
321P.4,
subsections
1,
3,
and
4,
Code
2026,
28
are
amended
to
read
as
follows:
29
1.
The
operator
of
an
automatic
registration
plate
reader
30
or
any
associated
data
storage
device
shall
permanently
delete
31
from
the
plate
reader
and
storage
device,
as
applicable,
every
32
image
of
a
vehicle
registration
plate
captured
by
the
plate
33
reader,
and
any
other
accompanying
data,
no
later
than
thirty
34
seven
days
after
the
image
was
captured.
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3.
For
purposes
of
this
section
,
“automatic
:
1
a.
“Automatic
registration
plate
reader”
or
“plate
reader”
2
means
a
camera
or
other
optical
device
designed
or
programmed
3
to
automatically
detect
a
vehicle’s
registration
plate,
or
4
to
automatically
capture
or
store
an
image
of
a
vehicle’s
5
registration
plate
and
any
accompanying
data.
6
b.
“Hotlist”
means
a
database
of
compiled
registration
7
plate
characters
and
other
vehicle
identifying
information
8
that
is
maintained
in
a
manner
that
ensures
the
information
9
is
and
remains
accurate,
relevant,
timely,
and
complete.
The
10
information
in
a
hotlist
must
be
limited
to
particular
vehicles
11
or
persons
associated
with
a
particular
vehicle
deemed
relevant
12
and
material
to
an
ongoing
criminal
enforcement
effort
or
a
13
missing
person
investigation.
14
c.
“Transparency
portal”
means
a
publicly
accessible
15
internet
site
hosted
by
the
operator
of
an
automatic
16
registration
plate
reader
or
by
the
manufacturer
of
the
17
automatic
registration
plate
reader.
18
4.
A
person
who
violates
subsection
01,
1
,
2A,
2B,
or
2C
19
commits
a
simple
misdemeanor.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
Under
current
law,
the
operator
of
an
automatic
registration
24
plate
reader
(plate
reader)
is
required
to
permanently
delete
25
every
image
of
a
vehicle
registration
plate
captured
by
the
26
plate
reader,
and
any
other
accompanying
data,
within
30
days
27
after
the
image
was
captured.
Prior
to
deletion
from
the
plate
28
reader,
a
law
enforcement
agency
is
authorized
to
copy
and
29
store
an
image
of
a
vehicle
registration
plate
captured
by
a
30
plate
reader,
and
any
other
accompanying
data,
if
the
image
and
31
data
are
relevant
to
an
ongoing
criminal
case
or
investigation.
32
Copies
maintained
by
a
law
enforcement
agency
are
not
required
33
to
be
deleted,
but
the
law
enforcement
agency
must
maintain
34
the
copies
in
accordance
with
the
agency’s
evidence
retention
35
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policies.
A
person
who
violates
the
deletion
requirement
1
commits
a
simple
misdemeanor.
A
simple
misdemeanor
is
2
punishable
by
confinement
for
no
more
than
30
days
and
a
fine
3
of
at
least
$105
but
not
more
than
$855.
4
This
bill
further
regulates
the
operation
of
plate
readers,
5
including
by
reducing
the
retention
period
from
30
days
to
7
6
days,
prohibiting
certain
uses,
restricting
access,
limiting
7
the
sharing
of
data,
and
providing
for
public
oversight
and
8
audits
regarding
the
use
of
plate
readers.
A
person
who
uses
9
or
accesses
a
plate
reader
in
violation
of
the
bill
commits
a
10
simple
misdemeanor.
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