Senate File 499 - Introduced SENATE FILE 499 BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO SSB 1184) A BILL FOR An Act prohibiting the use of certain monitoring devices 1 in certain locations open to the public, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2666SV (3) 87 tr/rj
S.F. 499 Section 1. NEW SECTION . 27.1 Definitions. 1 1. For purposes of this section: 2 a. “Monitoring device” means a digital video or audio 3 streaming or recording device that is part of a system of 4 monitoring activity in an area or building using a system in 5 which signals are transmitted from a video camera or microphone 6 to the receivers by cables or wirelessly, forming a closed 7 circuit. 8 b. “Public hospital” means a hospital licensed pursuant to 9 chapter 135B and governed pursuant to chapter 145A, 347, 347A, 10 or 392. 11 c. “Public library” means a library district as described 12 in chapter 336. 13 d. “Public school” means a school district as described in 14 chapter 274. 15 e. “Reasonable expectation of privacy” means a person’s 16 reasonable belief, under the circumstances, that the person can 17 disrobe or partially disrobe in privacy without being concerned 18 that the person is being viewed, photographed, or filmed when 19 doing so. 20 Sec. 2. NEW SECTION . 27.2 Monitoring devices prohibited. 21 The state or a political subdivision of the state, including 22 but not limited to a public library, public school, or 23 other government office open to the public, shall not use a 24 monitoring device in a toilet, bath, or shower facility; locker 25 room; common area within such a facility or room, including an 26 area where a sink or changing table is located; or other space 27 open to the public where a person has a reasonable expectation 28 of privacy. 29 Sec. 3. NEW SECTION . 27.3 Removal of monitoring devices. 30 On or before July 1, 2017, the state or a political 31 subdivision of the state, including but not limited to a public 32 library, public school, or other government office open to the 33 public, using a monitoring device in a toilet, bath, or shower 34 facility; locker room; common area within such a facility or 35 -1- LSB 2666SV (3) 87 tr/rj 1/ 3
S.F. 499 room, including an area where a sink or changing table is 1 located; or other space open to the public where a person has a 2 reasonable expectation of privacy shall cease use of and remove 3 the monitoring device. 4 Sec. 4. NEW SECTION . 27.4 Limitation on political 5 subdivisions. 6 On July 1, 2017, any ordinance, resolution, rule, or other 7 measure adopted or enforced by a political subdivision of the 8 state permitting the use of a monitoring device in a toilet, 9 bath, or shower facility; locker room; common area within such 10 a facility or room, including an area where a sink or changing 11 table is located; or other space open to the public where a 12 person has a reasonable expectation of privacy is void. 13 Sec. 5. NEW SECTION . 27.5 Public hospital exception. 14 This chapter does not apply to a public hospital where use 15 of a monitoring device is necessary to protect the health or 16 safety of a patient during a patient’s course of treatment. 17 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 18 immediate importance, takes effect upon enactment. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill prohibits the state or a political subdivision of 23 the state, including a public library, public school, or other 24 government office open to the public, from using a monitoring 25 device in a toilet, bath, or shower facility; locker room; 26 common area within such a facility or room, including an area 27 where a sink or changing table is located; or other space 28 where a person has a reasonable expectation of privacy. The 29 bill defines “monitoring device” as a digital video or audio 30 streaming or recording device that is part of a system of 31 monitoring activity in an area or building using a system in 32 which signals are transmitted from a video camera or microphone 33 to the receivers by cables or wirelessly, forming a closed 34 circuit. 35 -2- LSB 2666SV (3) 87 tr/rj 2/ 3
S.F. 499 The bill requires the state or a political subdivision of the 1 state using a monitoring device to cease doing so and to remove 2 the monitoring device by July 1, 2017. The bill nullifies 3 any local ordinance, resolution, rule, or other measure that 4 permits the use of a monitoring device in a toilet, bath, or 5 shower facility, locker room, or other space where a person has 6 a reasonable expectation of privacy. 7 The bill does not apply to a public hospital where use of a 8 monitoring device is necessary to protect the health or safety 9 of a patient during a patient’s course of treatment. 10 The bill takes effect upon enactment. 11 -3- LSB 2666SV (3) 87 tr/rj 3/ 3