Bill Text: IA HF572 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act prohibiting the use of remotely piloted aircraft flying over certain property, and providing penalties. (Formerly HF 388.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-03 - Signed by Governor. H.J. 935. [HF572 Detail]
Download: Iowa-2023-HF572-Enrolled.html
House
File
572
-
Enrolled
House
File
572
AN
ACT
PROHIBITING
THE
USE
OF
REMOTELY
PILOTED
AIRCRAFT
FLYING
OVER
CERTAIN
PROPERTY,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
715D.1
Definitions.
As
used
in
this
chapter:
1.
“Agricultural
animal”
means
an
animal
belonging
to
the
bovine,
caprine,
equine,
ovine,
or
porcine
species;
farm
deer
as
defined
in
section
170.1;
ostriches,
rheas,
or
emus;
turkeys,
chickens,
domestic
geese
or
ducks,
or
other
domestic
fowl;
or
fish
or
other
aquatic
organisms
confined
in
private
waters
for
human
consumption.
2.
a.
“Animal
feeding
operation”
means
a
place
where
agricultural
animals
are
confined
and
fed
and
maintained
for
forty-five
days
or
more
in
any
twelve-month
period,
if
the
place
is
not
within
the
corporate
limits
of
a
city.
b.
“Animal
feeding
operation”
includes
an
open
feedlot
operation
as
defined
in
section
459A.102;
a
lot
or
corral;
or
a
structure,
including
a
barn
or
similar
building,
used
to
house
agricultural
animals.
3.
a.
“Convicted”
means
the
entry
of
a
judgment
of
conviction
under
chapter
901
or
adjudicated
delinquent
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
another
state
under
chapter
232.
b.
“Convicted”
does
not
mean
a
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
judgment
which
has
been
reversed
House
File
572,
p.
2
or
otherwise
set
aside.
4.
“Homestead”
means
real
property
that
includes
the
principal
residence
of
a
person,
and
up
to
four
hundred
feet
of
surrounding
land
with
any
improvements,
if
all
such
real
property
is
both
owned
or
leased
by
that
person
and
not
located
within
the
corporate
limits
of
a
city.
5.
“Principal
residence”
means
the
place
where
a
person
habitually
lives
for
more
days
per
year
than
another
place
in
this
state,
if
the
place
is
not
within
the
corporate
limits
of
a
city.
6.
“Railroad
company”
means
a
business
entity
organized
under
the
laws
of
this
state
or
doing
business
in
this
state
as
a
carrier
by
rail
and
regulated
by
the
federal
railroad
administration.
7.
“Remotely
piloted
aircraft”
means
a
self-propelled
vehicle
used
for
navigation
and
flight,
that
is
controlled
by
the
use
of
an
electronic
system
and
is
not
designed
to
carry
a
human.
8.
“Secure
farmstead
area”
means
real
property
that
includes
an
animal
feeding
operation
and
up
to
four
hundred
feet
of
surrounding
land
with
any
improvements,
if
all
such
real
property
is
both
owned
or
leased
by
a
person
and
not
located
within
the
corporate
limits
of
a
city.
9.
“Surveillance
device”
means
a
camera
or
electronic
equipment
that
transmits
or
records
images,
sounds,
or
data
if
the
transmission
or
recording
is
capable
of
reasonably
identifying
any
of
the
following:
a.
The
identity,
physical
appearance,
conduct,
or
voice
of
an
individual.
b.
The
species
of
an
agricultural
animal.
c.
The
unique
physical
characteristics
of
land
or
an
improvement
to
land.
Sec.
2.
NEW
SECTION
.
715D.2
Distance
measurements.
In
measuring
the
distance
from
an
object
to
a
remotely
piloted
aircraft
in
flight
under
this
chapter,
it
shall
be
presumed
as
a
matter
of
law
that
the
remotely
piloted
aircraft
is
flying
parallel
to
the
object.
The
distance
between
the
object
and
remotely
piloted
aircraft
shall
be
measured
from
their
closest
possible
points.
House
File
572,
p.
3
Sec.
3.
NEW
SECTION
.
715D.3
Intrusion
by
use
of
remotely
piloted
aircraft
——
offense.
1.
A
person
commits
intrusion
by
the
use
of
a
remotely
piloted
aircraft
if
the
person
knowingly
does
any
of
the
following:
a.
Controls
the
flight
of
a
remotely
piloted
aircraft
over
a
homestead,
if
the
homestead
is
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
homestead.
b.
Controls
the
flight
of
remotely
piloted
aircraft
over
a
secure
farmstead
area,
if
the
secure
farm
area
is
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
secure
farmstead
area.
2.
a.
A
person
who
commits
intrusion
by
the
use
of
a
remotely
piloted
aircraft
is
guilty
of
a
simple
misdemeanor.
b.
Notwithstanding
paragraph
“a”
,
a
person
who
commits
intrusion
by
the
use
of
a
remotely
piloted
aircraft
is
guilty
of
a
serious
misdemeanor
if
the
person
has
previously
been
convicted
of
any
of
the
following:
(1)
Intrusion
by
the
use
of
a
remotely
piloted
aircraft
as
provided
in
this
section.
(2)
Surveillance
by
the
use
of
a
remotely
piloted
aircraft
as
provided
in
section
715D.4.
Sec.
4.
NEW
SECTION
.
715D.4
Surveillance
by
use
of
remotely
piloted
aircraft
——
offense.
1.
A
person
commits
surveillance
by
the
use
of
a
remotely
piloted
aircraft
if
the
person
knowingly
does
any
of
the
following:
a.
Controls
the
flight
of
a
remotely
piloted
aircraft
equipped
with
a
surveillance
device
over
a
homestead,
if
the
homestead
is
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
homestead.
b.
Controls
the
flight
of
a
remotely
piloted
aircraft
equipped
with
a
surveillance
device
over
a
secure
farmstead
area,
if
the
secure
farm
area
is
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
secure
farmstead
area.
2.
a.
A
person
who
commits
surveillance
by
the
use
of
a
remotely
piloted
aircraft
is
guilty
of
a
serious
misdemeanor.
House
File
572,
p.
4
b.
Notwithstanding
paragraph
“a”
,
a
person
who
commits
surveillance
by
the
use
of
a
remotely
piloted
aircraft
is
guilty
of
an
aggravated
misdemeanor
if
the
person
has
previously
been
convicted
of
any
of
the
following:
(1)
Intrusion
by
the
use
of
a
remotely
piloted
aircraft
as
provided
in
section
715D.3.
(2)
Surveillance
by
the
use
of
a
remotely
piloted
aircraft
as
provided
in
this
section.
Sec.
5.
NEW
SECTION
.
715D.5
Injunctive
relief
——
harassment
due
to
use
of
remotely
piloted
aircraft.
1.
A
person
who
is
the
owner
or
lessee
of
a
homestead
or
secure
farmstead
area
may
petition
the
district
court
to
obtain
an
order
for
a
temporary
injunction
to
prevent
the
respondent
from
using
any
remotely
piloted
aircraft
equipped
with
a
surveillance
device,
if
a
preponderance
of
evidence
indicates
that
the
respondent
is
harassing
the
petitioner
by
controlling
the
flight
of
the
remotely
piloted
aircraft
over
the
person’s
homestead
or
secure
farmstead
area.
The
court
shall
grant
the
temporary
injunction
for
not
more
than
two
years.
The
court
may
continue
the
injunction
upon
a
petition
filed
by
the
petitioner
with
the
court
prior
to
the
order’s
expiration.
2.
If
a
court
grants
an
order
for
a
temporary
injunction
under
subsection
1,
the
court
may
award
the
petitioner
court
costs,
reasonable
attorney
fees,
and
expenses
related
to
the
petitioner’s
investigation
and
adjudication
of
the
case,
which
shall
be
taxed
as
part
of
the
costs
of
the
action.
3.
a.
Except
as
provided
in
paragraph
“b”
,
a
court
shall
order
that
any
person
holding
a
retrievable
image,
sound,
or
data
recorded
in
violation
of
this
section
destroy
the
image,
sound,
or
data,
including
any
copy
of
such
image,
sound,
or
data.
b.
(1)
A
person
may
claim
an
ownership
interest
in
a
retrievable
image,
sound,
or
data
recorded
in
violation
of
this
section,
to
the
extent
that
any
of
the
following
apply:
(a)
The
person
is
an
individual
who
may
be
identified
in
the
recording.
A
parent
or
guardian
of
the
individual
may
claim
the
ownership
interest
on
behalf
of
the
individual.
(b)
The
person
is
an
owner
of
an
agricultural
animal
that
may
be
identified
in
the
recording.
House
File
572,
p.
5
(c)
The
person
is
an
owner
of
the
land
or
an
improvement
to
land
having
unique
physical
characteristics
that
may
be
identified
in
the
recording.
(2)
A
person
cannot
claim
an
ownership
interest
in
a
retrievable
image,
sound,
or
data
that
includes
an
image,
sound,
or
data
that
may
identify
another
individual,
an
agricultural
animal
owned
by
another
person,
or
land
or
an
improvement
owned
by
another
person,
unless
that
other
individual
or
person
consents.
Sec.
6.
NEW
SECTION
.
715D.6
Exceptions
——
intrusion
or
surveillance
by
use
of
remotely
piloted
aircraft.
Sections
715D.3
and
715D.4
do
not
prohibit
a
person
from
controlling
a
remotely
piloted
aircraft
flying
over
a
person’s
homestead
or
secure
farmstead
area
if
the
person
controlling
the
remotely
piloted
aircraft
is
any
of
the
following:
1.
A
person
who
acts
with
the
consent
of
the
owner
of
the
homestead
or
secure
farmstead
area.
2.
A
person
who
operates
a
remotely
piloted
aircraft
for
a
commercial
or
agricultural
use
in
compliance
with
federal
aviation
administration
regulations,
authorizations,
or
exemptions.
3.
A
department,
division,
or
other
unit
of
state
government
of
this
state
or
any
other
state,
city,
county,
township,
or
other
governmental
subdivision,
or
any
other
public
corporation
or
agency
created
under
the
laws
of
this
state,
any
other
state,
the
United
States,
or
any
department
or
agency
thereof,
or
any
agency,
commission,
or
authority
established
pursuant
to
an
interstate
compact
or
agreement
or
combination
thereof.
4.
A
public
utility
as
defined
in
section
476.1.
5.
A
railroad
company.
6.
A
person
who
controls
the
flight
of
a
remotely
piloted
aircraft
more
than
four
hundred
feet
from
the
earth’s
surface.
7.
A
person
who
controls
the
flight
of
a
remotely
piloted
aircraft
for
the
exclusive
purpose
of
collecting
information
regarding
weather
or
climate
conditions.
8.
The
state
or
a
governmental
subdivision
exercising
rights
to
a
public
road
right-of-way
as
defined
in
section
306.3.
House
File
572,
p.
6
9.
The
owner
or
lessee
of
the
homestead
or
secure
farmstead
area.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
572,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor