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House File 572 - ReprintedA Bill ForAn Act 1prohibiting the use of remotely piloted aircraft flying
2over certain property, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 715D.1 Definitions.
2As used in this chapter:
31. “Agricultural animal” means an animal belonging to
4the bovine, caprine, equine, ovine, or porcine species; farm
5deer as defined in section 170.1; ostriches, rheas, or emus;
6turkeys, chickens, domestic geese or ducks, or other domestic
7fowl; or fish or other aquatic organisms confined in private
8waters for human consumption.
92. a. “Animal feeding operation” means a place where
10agricultural animals are confined and fed and maintained for
11forty-five days or more in any twelve-month period, if the
12place is not within the corporate limits of a city.
13b. “Animal feeding operation” includes an open feedlot
14operation as defined in section 459A.102; a lot or corral; or a
15structure, including a barn or similar building, used to house
16agricultural animals.
173. a. “Convicted” means the entry of a judgment of
18conviction under chapter 901 or adjudicated delinquent for an
19act which is an indictable offense in this state or in another
20state under chapter 232.
21b. “Convicted” does not mean a plea, sentence, adjudication,
22deferred sentence, or deferred judgment which has been reversed
23or otherwise set aside.
244. “Homestead” means real property that includes the
25principal residence of a person, and up to four hundred feet
26of surrounding land with any improvements, if all such real
27property is both owned or leased by that person and not located
28within the corporate limits of a city.
295. “Principal residence” means the place where a person
30habitually lives for more days per year than another place in
31this state, if the place is not within the corporate limits of
32a city.
336. “Railroad company” means a business entity organized
34under the laws of this state or doing business in this state
35as a carrier by rail and regulated by the federal railroad
-1-1administration.
27. “Remotely piloted aircraft” means a self-propelled
3vehicle used for navigation and flight, that is controlled by
4the use of an electronic system and is not designed to carry a
5human.
68. “Secure farmstead area” means real property that includes
7an animal feeding operation and up to four hundred feet of
8surrounding land with any improvements, if all such real
9property is both owned or leased by a person and not located
10within the corporate limits of a city.
119. “Surveillance device” means a camera or electronic
12equipment that transmits or records images, sounds, or data
13if the transmission or recording is capable of reasonably
14identifying any of the following:
15a. The identity, physical appearance, conduct, or voice of
16an individual.
17b. The species of an agricultural animal.
18c. The unique physical characteristics of land or an
19improvement to land.
20 Sec. 2. NEW SECTION. 715D.2 Distance measurements.
21In measuring the distance from an object to a remotely
22piloted aircraft in flight under this chapter, it shall be
23presumed as a matter of law that the remotely piloted aircraft
24is flying parallel to the object. The distance between the
25object and remotely piloted aircraft shall be measured from
26their closest possible points.
27 Sec. 3. NEW SECTION. 715D.3 Intrusion by use of remotely
28piloted aircraft — offense.
291. A person commits intrusion by the use of a remotely
30piloted aircraft if the person knowingly does any of the
31following:
32a. Controls the flight of a remotely piloted aircraft over
33a homestead, if the homestead is not owned or leased by the
34person, and the remotely piloted aircraft remains over the
35homestead.
-2- 1b. Controls the flight of remotely piloted aircraft over a
2secure farmstead area, if the secure farm area is not owned or
3leased by the person, and the remotely piloted aircraft remains
4over the secure farmstead area.
52. a. A person who commits intrusion by the use of a
6remotely piloted aircraft is guilty of a simple misdemeanor.
7b. Notwithstanding paragraph “a”, a person who commits
8intrusion by the use of a remotely piloted aircraft is guilty
9of a serious misdemeanor if the person has previously been
10convicted of any of the following:
11(1) Intrusion by the use of a remotely piloted aircraft as
12provided in this section.
13(2) Surveillance by the use of a remotely piloted aircraft
14as provided in section 715D.4.
15 Sec. 4. NEW SECTION. 715D.4 Surveillance by use of remotely
16piloted aircraft — offense.
171. A person commits surveillance by the use of a remotely
18piloted aircraft if the person knowingly does any of the
19following:
20a. Controls the flight of a remotely piloted aircraft
21equipped with a surveillance device over a homestead, if
22the homestead is not owned or leased by the person, and the
23remotely piloted aircraft remains over the homestead.
24b. Controls the flight of a remotely piloted aircraft
25equipped with a surveillance device over a secure farmstead
26area, if the secure farm area is not owned or leased by the
27person, and the remotely piloted aircraft remains over the
28secure farmstead area.
292. a. A person who commits surveillance by the use of a
30remotely piloted aircraft is guilty of a serious misdemeanor.
31b. Notwithstanding paragraph “a”, a person who commits
32surveillance by the use of a remotely piloted aircraft
33is guilty of an aggravated misdemeanor if the person has
34previously been convicted of any of the following:
35(1) Intrusion by the use of a remotely piloted aircraft as
-3-1provided in section 715D.3.
2(2) Surveillance by the use of a remotely piloted aircraft
3as provided in this section.
4 Sec. 5. NEW SECTION. 715D.5 Injunctive relief — harassment
5due to use of remotely piloted aircraft.
61. A person who is the owner or lessee of a homestead or
7secure farmstead area may petition the district court to obtain
8an order for a temporary injunction to prevent the respondent
9from using any remotely piloted aircraft equipped with a
10surveillance device, if a preponderance of evidence indicates
11that the respondent is harassing the petitioner by controlling
12the flight of the remotely piloted aircraft over the person’s
13homestead or secure farmstead area. The court shall grant
14the temporary injunction for not more than two years. The
15court may continue the injunction upon a petition filed by the
16petitioner with the court prior to the order’s expiration.
172. If a court grants an order for a temporary injunction
18under subsection 1, the court may award the petitioner court
19costs, reasonable attorney fees, and expenses related to the
20petitioner’s investigation and adjudication of the case, which
21shall be taxed as part of the costs of the action.
223. a. Except as provided in paragraph “b”, a court shall
23order that any person holding a retrievable image, sound, or
24data recorded in violation of this section destroy the image,
25sound, or data, including any copy of such image, sound, or
26data.
27b. (1) A person may claim an ownership interest in a
28retrievable image, sound, or data recorded in violation of this
29section, to the extent that any of the following apply:
30(a) The person is an individual who may be identified in the
31recording. A parent or guardian of the individual may claim
32the ownership interest on behalf of the individual.
33(b) The person is an owner of an agricultural animal that
34may be identified in the recording.
35(c) The person is an owner of the land or an improvement
-4-1to land having unique physical characteristics that may be
2identified in the recording.
3(2) A person cannot claim an ownership interest in a
4retrievable image, sound, or data that includes an image,
5sound, or data that may identify another individual, an
6agricultural animal owned by another person, or land or
7an improvement owned by another person, unless that other
8individual or person consents.
9 Sec. 6. NEW SECTION. 715D.6 Exceptions — intrusion or
10surveillance by use of remotely piloted aircraft.
11Sections 715D.3 and 715D.4 do not prohibit a person from
12controlling a remotely piloted aircraft flying over a person’s
13homestead or secure farmstead area if the person controlling
14the remotely piloted aircraft is any of the following:
151. A person who acts with the consent of the owner of the
16homestead or secure farmstead area.
172. A person who operates a remotely piloted aircraft for
18a commercial or agricultural use in compliance with federal
19aviation administration regulations, authorizations, or
20exemptions.
213. A department, division, or other unit of state government
22of this state or any other state, city, county, township, or
23other governmental subdivision, or any other public corporation
24or agency created under the laws of this state, any other
25state, the United States, or any department or agency thereof,
26or any agency, commission, or authority established pursuant to
27an interstate compact or agreement or combination thereof.
284. A public utility as defined in section 476.1.
295. A railroad company.
306. A person who controls the flight of a remotely piloted
31aircraft more than four hundred feet from the earth’s surface.
327. A person who controls the flight of a remotely piloted
33aircraft for the exclusive purpose of collecting information
34regarding weather or climate conditions.
358. The state or a governmental subdivision exercising
-5-1rights to a public road right-of-way as defined in section
2306.3.
39. The owner or lessee of the homestead or secure farmstead
4area.
da/ns/md
2over certain property, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 715D.1 Definitions.
2As used in this chapter:
31. “Agricultural animal” means an animal belonging to
4the bovine, caprine, equine, ovine, or porcine species; farm
5deer as defined in section 170.1; ostriches, rheas, or emus;
6turkeys, chickens, domestic geese or ducks, or other domestic
7fowl; or fish or other aquatic organisms confined in private
8waters for human consumption.
92. a. “Animal feeding operation” means a place where
10agricultural animals are confined and fed and maintained for
11forty-five days or more in any twelve-month period, if the
12place is not within the corporate limits of a city.
13b. “Animal feeding operation” includes an open feedlot
14operation as defined in section 459A.102; a lot or corral; or a
15structure, including a barn or similar building, used to house
16agricultural animals.
173. a. “Convicted” means the entry of a judgment of
18conviction under chapter 901 or adjudicated delinquent for an
19act which is an indictable offense in this state or in another
20state under chapter 232.
21b. “Convicted” does not mean a plea, sentence, adjudication,
22deferred sentence, or deferred judgment which has been reversed
23or otherwise set aside.
244. “Homestead” means real property that includes the
25principal residence of a person, and up to four hundred feet
26of surrounding land with any improvements, if all such real
27property is both owned or leased by that person and not located
28within the corporate limits of a city.
295. “Principal residence” means the place where a person
30habitually lives for more days per year than another place in
31this state, if the place is not within the corporate limits of
32a city.
336. “Railroad company” means a business entity organized
34under the laws of this state or doing business in this state
35as a carrier by rail and regulated by the federal railroad
-1-1administration.
27. “Remotely piloted aircraft” means a self-propelled
3vehicle used for navigation and flight, that is controlled by
4the use of an electronic system and is not designed to carry a
5human.
68. “Secure farmstead area” means real property that includes
7an animal feeding operation and up to four hundred feet of
8surrounding land with any improvements, if all such real
9property is both owned or leased by a person and not located
10within the corporate limits of a city.
119. “Surveillance device” means a camera or electronic
12equipment that transmits or records images, sounds, or data
13if the transmission or recording is capable of reasonably
14identifying any of the following:
15a. The identity, physical appearance, conduct, or voice of
16an individual.
17b. The species of an agricultural animal.
18c. The unique physical characteristics of land or an
19improvement to land.
20 Sec. 2. NEW SECTION. 715D.2 Distance measurements.
21In measuring the distance from an object to a remotely
22piloted aircraft in flight under this chapter, it shall be
23presumed as a matter of law that the remotely piloted aircraft
24is flying parallel to the object. The distance between the
25object and remotely piloted aircraft shall be measured from
26their closest possible points.
27 Sec. 3. NEW SECTION. 715D.3 Intrusion by use of remotely
28piloted aircraft — offense.
291. A person commits intrusion by the use of a remotely
30piloted aircraft if the person knowingly does any of the
31following:
32a. Controls the flight of a remotely piloted aircraft over
33a homestead, if the homestead is not owned or leased by the
34person, and the remotely piloted aircraft remains over the
35homestead.
-2- 1b. Controls the flight of remotely piloted aircraft over a
2secure farmstead area, if the secure farm area is not owned or
3leased by the person, and the remotely piloted aircraft remains
4over the secure farmstead area.
52. a. A person who commits intrusion by the use of a
6remotely piloted aircraft is guilty of a simple misdemeanor.
7b. Notwithstanding paragraph “a”, a person who commits
8intrusion by the use of a remotely piloted aircraft is guilty
9of a serious misdemeanor if the person has previously been
10convicted of any of the following:
11(1) Intrusion by the use of a remotely piloted aircraft as
12provided in this section.
13(2) Surveillance by the use of a remotely piloted aircraft
14as provided in section 715D.4.
15 Sec. 4. NEW SECTION. 715D.4 Surveillance by use of remotely
16piloted aircraft — offense.
171. A person commits surveillance by the use of a remotely
18piloted aircraft if the person knowingly does any of the
19following:
20a. Controls the flight of a remotely piloted aircraft
21equipped with a surveillance device over a homestead, if
22the homestead is not owned or leased by the person, and the
23remotely piloted aircraft remains over the homestead.
24b. Controls the flight of a remotely piloted aircraft
25equipped with a surveillance device over a secure farmstead
26area, if the secure farm area is not owned or leased by the
27person, and the remotely piloted aircraft remains over the
28secure farmstead area.
292. a. A person who commits surveillance by the use of a
30remotely piloted aircraft is guilty of a serious misdemeanor.
31b. Notwithstanding paragraph “a”, a person who commits
32surveillance by the use of a remotely piloted aircraft
33is guilty of an aggravated misdemeanor if the person has
34previously been convicted of any of the following:
35(1) Intrusion by the use of a remotely piloted aircraft as
-3-1provided in section 715D.3.
2(2) Surveillance by the use of a remotely piloted aircraft
3as provided in this section.
4 Sec. 5. NEW SECTION. 715D.5 Injunctive relief — harassment
5due to use of remotely piloted aircraft.
61. A person who is the owner or lessee of a homestead or
7secure farmstead area may petition the district court to obtain
8an order for a temporary injunction to prevent the respondent
9from using any remotely piloted aircraft equipped with a
10surveillance device, if a preponderance of evidence indicates
11that the respondent is harassing the petitioner by controlling
12the flight of the remotely piloted aircraft over the person’s
13homestead or secure farmstead area. The court shall grant
14the temporary injunction for not more than two years. The
15court may continue the injunction upon a petition filed by the
16petitioner with the court prior to the order’s expiration.
172. If a court grants an order for a temporary injunction
18under subsection 1, the court may award the petitioner court
19costs, reasonable attorney fees, and expenses related to the
20petitioner’s investigation and adjudication of the case, which
21shall be taxed as part of the costs of the action.
223. a. Except as provided in paragraph “b”, a court shall
23order that any person holding a retrievable image, sound, or
24data recorded in violation of this section destroy the image,
25sound, or data, including any copy of such image, sound, or
26data.
27b. (1) A person may claim an ownership interest in a
28retrievable image, sound, or data recorded in violation of this
29section, to the extent that any of the following apply:
30(a) The person is an individual who may be identified in the
31recording. A parent or guardian of the individual may claim
32the ownership interest on behalf of the individual.
33(b) The person is an owner of an agricultural animal that
34may be identified in the recording.
35(c) The person is an owner of the land or an improvement
-4-1to land having unique physical characteristics that may be
2identified in the recording.
3(2) A person cannot claim an ownership interest in a
4retrievable image, sound, or data that includes an image,
5sound, or data that may identify another individual, an
6agricultural animal owned by another person, or land or
7an improvement owned by another person, unless that other
8individual or person consents.
9 Sec. 6. NEW SECTION. 715D.6 Exceptions — intrusion or
10surveillance by use of remotely piloted aircraft.
11Sections 715D.3 and 715D.4 do not prohibit a person from
12controlling a remotely piloted aircraft flying over a person’s
13homestead or secure farmstead area if the person controlling
14the remotely piloted aircraft is any of the following:
151. A person who acts with the consent of the owner of the
16homestead or secure farmstead area.
172. A person who operates a remotely piloted aircraft for
18a commercial or agricultural use in compliance with federal
19aviation administration regulations, authorizations, or
20exemptions.
213. A department, division, or other unit of state government
22of this state or any other state, city, county, township, or
23other governmental subdivision, or any other public corporation
24or agency created under the laws of this state, any other
25state, the United States, or any department or agency thereof,
26or any agency, commission, or authority established pursuant to
27an interstate compact or agreement or combination thereof.
284. A public utility as defined in section 476.1.
295. A railroad company.
306. A person who controls the flight of a remotely piloted
31aircraft more than four hundred feet from the earth’s surface.
327. A person who controls the flight of a remotely piloted
33aircraft for the exclusive purpose of collecting information
34regarding weather or climate conditions.
358. The state or a governmental subdivision exercising
-5-1rights to a public road right-of-way as defined in section
2306.3.
39. The owner or lessee of the homestead or secure farmstead
4area.
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