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
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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
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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
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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
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