H.F. 2304 Section 1. NEW SECTION . 321N.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Governmental subdivision” means any county or city 4 of this state, or any other political subdivision, public 5 corporation, authority, or district in this state which is or 6 may be authorized by law to acquire, establish, construct, 7 maintain, improve, or operate landing areas, airports, air 8 navigation facilities, or other governmental facilities. For 9 purposes of this subsection, “landing area” , “airport” , and “air 10 navigation facility” mean the same as defined in section 328.1. 11 2. “Pat-down search” means a physical search of a person 12 where the outer clothing of the person is patted by the palm 13 or the back of the hand when there is reasonable suspicion the 14 person may possess a prohibited dangerous weapon, destructive 15 device, or material. 16 3. “Whole-body scanner” means a device used to detect 17 objects carried on the body that uses backscatter X rays or 18 millimeter waves to create a visual image of a person’s full 19 body showing the surface of the skin. 20 Sec. 2. NEW SECTION . 321N.2 Whole-body scanner use. 21 1. A governmental subdivision shall not use a whole-body 22 scanner as the sole or primary method of screening a person 23 at a governmental subdivision facility. A governmental 24 subdivision shall not use a whole-body scanner to screen 25 any person unless another method of screening demonstrates 26 reasonable cause to use a whole-body scanner. 27 2. a. If another method of screening demonstrates 28 reasonable cause to use a whole-body scanner pursuant to 29 subsection 1, the person subject to the whole-body scanner 30 screening shall be provided information about the whole-body 31 scanner including the privacy policies relating to the visual 32 image generated by the scanner. 33 b. After information has been provided to the person 34 subject to a whole-body scanner screening under paragraph “a” , 35 -1- LSB 6044YH (5) 84 jm/nh 1/ 5

H.F. 2304 the person shall be offered a pat-down search in lieu of a 1 whole-body scanner screening. 2 c. If the person does not agree to a pat-down search 3 pursuant to paragraph “b” , the governmental subdivision may 4 require the person to be subject to a whole-body scanner 5 screening. 6 3. This section does not apply to a jail or correctional 7 facility. 8 4. The homeland security and emergency management division 9 of the department of public defense shall, by January 15, 2013, 10 and every year thereafter, submit a report to the general 11 assembly and to the legislative services agency detailing the 12 following: the number of persons in this state subject to 13 whole-body scanner screenings pursuant to this section as a 14 percentage of all screened persons; the percentage of persons 15 subject to whole-body scanner screenings who select a pat-down 16 search in lieu of a whole-body scanner screening; the privacy 17 protections relating to the images generated by the whole-body 18 scanner and the number of privacy breaches relating to such 19 images; the effectiveness of the whole-body scanner screenings; 20 updates on next generation technology relating to the screening 21 of passengers and baggage; and findings relating to the health 22 risks of repeated exposure to whole-body scanner screenings on 23 operators, other workers, persons subject to such screens, and 24 members of the general public that pass nearby. 25 Sec. 3. NEW SECTION . 708.14A Pat-down search —— 26 prohibition. 27 1. A person, without probable cause, shall not knowingly 28 or recklessly search another person by touching the clothed 29 or unclothed anus, genitalia, or breast of another in such a 30 manner that would be offensive to a reasonable person as part 31 of a search to grant access to a publicly accessible building 32 or form of transportation. 33 2. A person who violates this section commits a serious 34 misdemeanor. 35 -2- LSB 6044YH (5) 84 jm/nh 2/ 5

H.F. 2304 Sec. 4. HOMELAND SECURITY —— REPORT. Prior to the use 1 of a whole-body scanner in this state, the administrator of 2 the homeland security and emergency management division of 3 the department of public defense shall study the effects of 4 repeated exposure to whole-body scanner screenings on the 5 health and safety of operators, other workers, persons subject 6 to such screenings, and members of the general public who 7 pass near the scanner. If the administrator determines that 8 repeated exposure to whole-body scanner screenings is not 9 harmful to operators, other workers, persons subject to such 10 screenings, or members of the general public who pass near the 11 scanner, a whole-body scanner may be used in this state within 12 thirty days of such a finding. However, if the administrator 13 determines that repeated exposure may be harmful, the use of a 14 whole-body scanner shall be delayed in this state until such 15 time the administrator determines after further study that 16 repeated exposure is not harmful. 17 Sec. 5. IMPLEMENTATION. The use of a whole-body scanner 18 pursuant to section 321N.2, as enacted by this Act, shall not 19 be implemented until the administrator of the homeland security 20 and emergency management division of the department of public 21 defense determines that such use is not harmful pursuant to 22 section 4 of this Act. 23 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 24 immediate importance, takes effect upon enactment. 25 EXPLANATION 26 This bill regulates the use of pat-down searches and 27 whole-body scanners at governmental subdivision facilities and 28 publicly accessible buildings and forms of transportation. 29 Under the bill, a governmental subdivision shall not use a 30 whole-body scanner as the sole or primary method of screening 31 a person at a facility. The bill prohibits the use of a 32 whole-body scanner by a governmental subdivision unless another 33 method of screening demonstrates reasonable cause to use a 34 whole-body scanner. 35 -3- LSB 6044YH (5) 84 jm/nh 3/ 5

H.F. 2304 If a person is subject to a whole-body scanner screening, 1 the bill requires the person to be provided information about 2 the operation of the whole-body scanner including the privacy 3 policies related to the visual image generated by the scanner. 4 The bill requires a person subject to a whole-body 5 scanner screening to be offered a pat-down search in lieu 6 of a whole-body scanner screening. If the person does not 7 agree to a pat-down search, the bill allows a governmental 8 subdivision to require the person to undergo a whole-body 9 scanner screening. 10 The bill prohibits a person, without probable cause, from 11 knowingly or recklessly searching another person by touching 12 the clothed or unclothed anus, genitalia, or breast of another 13 in such a manner that would be offensive to a reasonable person 14 as part of a search to grant access to a publicly accessible 15 building or form of transportation. A person who violates this 16 provision of the bill commits a serious misdemeanor. 17 A serious misdemeanor is punishable by confinement for no 18 more than one year and a fine of at least $315 but not more than 19 $1,875. 20 The bill requires the homeland security and emergency 21 management division of the department of public defense to 22 submit a report by January 15, 2013, and every year thereafter, 23 detailing the number of persons subject to whole-body 24 screenings, the number of persons selecting a pat-down search 25 in lieu of whole-body scanner screenings, the privacy breaches 26 related to the images generated by whole-body scanners, the 27 overall effectiveness of whole-body scanners, and the health 28 risks associated with repeated exposures to such screenings. 29 The bill also requires the administrator of the homeland 30 security and emergency management division of the department 31 of public defense to study the effects of repeated exposure 32 to whole-body scanner screenings on the health and safety of 33 operators, other workers, persons subject to such screenings, 34 and members of the general public who pass near the scanner. 35 -4- LSB 6044YH (5) 84 jm/nh 4/ 5

H.F. 2304 Under the bill, if the administrator determines that repeated 1 exposures to whole-body scanner screenings is not harmful, 2 the bill permits a whole-body scanner to be used in this 3 state within 30 days of such a finding. If, however, the 4 administrator determines that repeated exposures may be 5 harmful, the use of a whole-body scanner shall be delayed until 6 such time the administrator determines, after further study, 7 that repeated exposures are not harmful. The bill delays the 8 use of whole-body scanners pursuant to the bill until such 9 determination is made. 10 The bill does not apply to a jail or correctional facility. 11 The bill takes effect upon enactment. 12 -5- LSB 6044YH (5) 84 jm/nh 5/ 5