House File 2077 - Introduced HOUSE FILE 2077 BY RIZER A BILL FOR An Act relating to the unauthorized placement of a global 1 positioning device and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5095YH (4) 86 jm/nh
H.F. 2077 Section 1. NEW SECTION . 708.11A Unauthorized placement of 1 global positioning device. 2 1. A person shall not place a global positioning device or 3 a device equipped with global positioning technology on a motor 4 vehicle owned or leased by another person without the consent 5 of the other person. 6 2. A person shall not intentionally obtain information 7 regarding the movement or location of another person from a 8 global positioning device or a device equipped with global 9 positioning technology that has been placed without the consent 10 of the other person. 11 3. This section does not apply to any of the following: 12 a. A manufacturer, as defined in section 321.1, or a 13 person acting within the scope of the person’s employment, who 14 installs an in-vehicle communication or telematics system. 15 b. A device installed by or with the permission of the 16 vehicle owner for automobile insurance rating, underwriting, or 17 claims handling purposes. 18 c. A peace officer acting within the officer’s scope of 19 employment. 20 d. A parent or guardian tracking the movement or location of 21 the parent’s child or guardian’s ward. 22 e. A lienholder or agent of a lienholder tracking the 23 movement or location of a motor vehicle on which the lienholder 24 has a lien in order to repossess the motor vehicle. 25 f. An employer or business owner tracking the movement or 26 location of a motor vehicle owned, leased, or assigned for use 27 by the employer or business owner. 28 4. A person who violates this section commits a serious 29 misdemeanor. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the unauthorized placement of a global 34 positioning device. 35 -1- LSB 5095YH (4) 86 jm/nh 1/ 2
H.F. 2077 Under the bill, a person shall not place a global positioning 1 device or a device equipped with global positioning technology 2 on a motor vehicle owned or leased by another person without 3 the consent of the other person. 4 The bill also prohibits a person from intentionally 5 obtaining information regarding the movement or location of 6 another person from a global positioning device or a device 7 equipped with global positioning technology that has been 8 placed without the consent of the other person. 9 The bill does not apply to any of the following: (1) a 10 manufacturer, as defined in Code section 321.1, or a person 11 acting within the scope of the person’s employment, who 12 installs an in-vehicle communication or telematics system, (2) 13 a device installed with the vehicle owner’s permission for 14 automobile insurance rating, underwriting, or claims handling 15 purposes, (3) a peace officer acting within the scope of 16 employment, (4) a parent or guardian tracking the movement 17 or location of the parent’s child or guardian’s ward, (5) a 18 lienholder or agent of a lienholder tracking the movement or 19 location of a motor vehicle on which the lienholder has a lien 20 in order to repossess the motor vehicle, or (6) an employer or 21 business owner tracking the movement or location of a motor 22 vehicle owned, leased, or assigned for use by the employer or 23 business owner. 24 A person who violates the bill commits a serious 25 misdemeanor. A serious misdemeanor is punishable by 26 confinement for no more than one year and a fine of at least 27 $315 but not more than $1,875. 28 -2- LSB 5095YH (4) 86 jm/nh 2/ 2