Senate
Study
Bill
1184
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
BREITBACH)
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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_____
Section
1.
NEW
SECTION
.
27.1
Definitions.
1
1.
For
purposes
of
this
section:
2
a.
“Monitoring
device”
means
a
digital
video
and
audio
3
streaming
or
recording
device
that
is
part
of
a
system
of
4
monitoring
activity
in
an
area
or
building
using
a
system
5
in
which
signals
are
transmitted
from
a
video
camera
to
the
6
receivers
by
cables
or
wirelessly,
forming
a
closed
circuit.
7
b.
“Public
library”
means
a
library
district
as
described
8
in
chapter
336.
9
c.
“Public
school”
means
a
school
district
as
described
in
10
chapter
274.
11
d.
“Reasonable
expectation
of
privacy”
means
a
person’s
12
reasonable
belief,
under
the
circumstances,
that
the
person
can
13
disrobe
or
partially
disrobe
in
privacy
without
being
concerned
14
that
the
person
is
being
viewed,
photographed,
or
filmed
when
15
doing
so.
16
Sec.
2.
NEW
SECTION
.
27.2
Monitoring
devices
prohibited.
17
The
state
or
a
political
subdivision
of
the
state,
including
18
but
not
limited
to
a
public
library,
public
school,
or
19
other
government
office
open
to
the
public,
shall
not
use
a
20
monitoring
device
in
a
toilet,
bath,
or
shower
facility,
locker
21
room,
or
other
space
open
to
the
public
where
a
person
has
a
22
reasonable
expectation
of
privacy.
23
Sec.
3.
NEW
SECTION
.
27.3
Removal
of
monitoring
devices.
24
On
or
before
July
1,
2017,
the
state
or
a
political
25
subdivision
of
the
state,
including
but
not
limited
to
a
public
26
library,
public
school,
or
other
government
office
open
to
the
27
public,
using
a
monitoring
device
in
a
toilet,
bath,
or
shower
28
facility,
locker
room,
or
other
space
open
to
the
public
where
29
a
person
has
a
reasonable
expectation
of
privacy
shall
cease
30
use
of
and
remove
the
monitoring
device.
31
Sec.
4.
NEW
SECTION
.
27.4
Limitation
on
political
32
subdivisions.
33
On
July
1,
2017,
any
ordinance,
resolution,
rule,
or
other
34
measure
adopted
or
enforced
by
a
political
subdivision
of
the
35
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_____
state
permitting
the
use
of
a
monitoring
device
in
a
toilet,
1
bath,
or
shower
facility,
locker
room,
or
other
space
open
2
to
the
public
where
a
person
has
a
reasonable
expectation
of
3
privacy
is
void.
4
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
5
immediate
importance,
takes
effect
upon
enactment.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
prohibits
the
state
or
a
political
subdivision
of
10
the
state,
including
a
public
library,
public
school,
or
other
11
government
office
open
to
the
public,
from
using
a
monitoring
12
device
in
a
toilet,
bath,
or
shower
facility,
locker
room,
or
13
other
space
where
a
person
has
a
reasonable
expectation
of
14
privacy.
The
bill
defines
“monitoring
device”
as
a
digital
15
video
and
audio
streaming
or
recording
device
that
is
part
of
16
a
system
of
monitoring
activity
in
an
area
or
building
using
17
a
system
in
which
signals
are
transmitted
from
a
video
camera
18
to
the
receivers
by
cables
or
wirelessly,
forming
a
closed
19
circuit.
20
The
bill
requires
the
state
or
a
political
subdivision
of
the
21
state
using
a
monitoring
device
to
cease
doing
so
and
to
remove
22
the
monitoring
device
by
July
1,
2017.
The
bill
nullifies
any
23
local
ordinance,
rule,
or
other
measure
that
permits
the
use
24
of
a
monitoring
device
in
a
toilet,
bath,
or
shower
facility,
25
locker
room,
or
other
space
where
a
person
has
a
reasonable
26
expectation
of
privacy.
27
The
bill
takes
effect
upon
enactment.
28
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