Senate File 2201 - Introduced SENATE FILE 2201 BY SORENSON A BILL FOR An Act relating to the use of a full-body scanner at an airport 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5747XS (4) 84 jm/nh

S.F. 2201 Section 1. Section 328.1, subsection 1, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0q. “Full-body scanner” means a device that 3 uses backscatter X rays or millimeter waves to create a visual 4 image of a person’s unclothed body for the purpose of detecting 5 a concealed object. 6 Sec. 2. Section 328.1, subsection 1, paragraph r, Code 2011, 7 is amended to read as follows: 8 r. “Governmental subdivision” means any county or city 9 of this state, and any other political subdivision, public 10 corporation, authority, or district in this state which is or 11 may be authorized by law to acquire, establish, construct, 12 maintain, improve, and operate landing areas and , airports, or 13 other air navigation facilities. 14 Sec. 3. NEW SECTION . 328.56B Full-body scanner —— 15 prohibition. 16 1. A governmental subdivision shall prohibit the 17 installation or operation of a full-body scanner at an 18 airport operated, controlled, or otherwise regulated by the 19 governmental subdivision. 20 2. A governmental subdivision that violates subsection 1 21 shall pay a civil penalty not to exceed one thousand dollars 22 per day for each day the governmental subdivision is in 23 violation of subsection 1. 24 3. a. The attorney general may bring an enforcement action 25 in district court for a violation of this section and seek 26 remedies provided for in subsection 2. 27 b. The attorney general may, in lieu of the remedy provided 28 in paragraph “a” , apply to the district court for injunctive 29 relief in order to restrain a governmental subdivision from 30 acting in violation of this section. In order to obtain 31 injunctive relief, the attorney general shall not be required 32 to post a bond or prove the absence of an adequate remedy at law 33 unless the court for good cause otherwise orders. The court 34 may order any form of prohibitory or mandatory relief that 35 -1- LSB 5747XS (4) 84 jm/nh 1/ 2

S.F. 2201 is appropriate under principles of equity, including but not 1 limited to issuing a temporary or permanent restraining order. 2 4. If the attorney general successfully brings an 3 enforcement action under paragraph 3, the attorney general 4 shall be awarded reasonable attorney fees and any costs shall 5 be assessed against the governmental subdivision. 6 5. Any amounts collected through the enforcement of this 7 section shall be deposited into the general fund of the state. 8 EXPLANATION 9 This bill relates to the use of a full-body scanner at an 10 airport. 11 The bill requires a governmental subdivision as defined in 12 Code section 328.1 to prohibit the installation or operation 13 of a full-body scanner at an airport under the governmental 14 subdivision’s operation, control, or regulation. 15 The bill defines “full-body scanner” to mean a device that 16 uses backscatter X rays or millimeter waves to create a visual 17 image of a person’s unclothed body for the purpose of detecting 18 a concealed object. 19 Under the bill, a governmental subdivision that violates the 20 bill shall pay a civil penalty not to exceed $1,000 per day for 21 each day the governmental subdivision is in violation of the 22 bill. 23 The attorney general may, in lieu of seeking a monetary 24 penalty, apply to the district court for injunctive relief in 25 order to restrain a governmental subdivision from acting in 26 violation of the bill. 27 If the attorney general successfully brings an enforcement 28 action, the bill requires the attorney general to be awarded 29 reasonable attorney fees and provides that any costs be 30 assessed against the governmental subdivision. 31 The bill provides that any amounts collected through the 32 enforcement of the bill shall be deposited into the general 33 fund of the state. 34 -2- LSB 5747XS (4) 84 jm/nh 2/ 2