House File 572 H-1202 Amend the amendment, H-1147, to House File 572, as follows: 1 1. By striking page 1, line 2, through page 2, line 5, and 2 inserting: 3 < ___. By striking page 1, line 9, through page 2, line 5, 4 and inserting: 5 < 2. a. “Animal feeding operation” means a place where 6 agricultural animals are confined and fed and maintained for 7 forty-five days or more in any twelve-month period, if the 8 place is not within the corporate limits of a city. 9 b. “Animal feeding operation” includes an open feedlot 10 operation as defined in section 459A.102; a lot or corral; or a 11 structure, including a barn or similar building, used to house 12 agricultural animals. 13 3. a. “Convicted” means the entry of a judgment of 14 conviction under chapter 901 or adjudicated delinquent for an 15 act which is an indictable offense in this state or in another 16 state under chapter 232. 17 b. “Convicted” does not mean a plea, sentence, adjudication, 18 deferred sentence, or deferred judgment which has been reversed 19 or otherwise set aside. 20 4. “Homestead” means real property that includes the 21 principal residence of a person, and up to four hundred feet 22 of surrounding land with any improvements, if all such real 23 property is both owned or leased by that person and not located 24 within the corporate limits of a city. 25 5. “Principal residence” means the place where a person 26 habitually lives for more days per year than another place in 27 this state, if the place is not within the corporate limits of 28 a city. 29 6. “Railroad company” means a business entity organized 30 under the laws of this state or doing business in this state 31 as a carrier by rail and regulated by the federal railroad 32 administration. 33 7. “Remotely piloted aircraft” means a self-propelled 34 vehicle used for navigation and flight, that is controlled by 35 -1- H 1147.1656 (2) 90 da/ns 1/ 5 #1.

the use of an electronic system and is not designed to carry a 1 human. 2 8. “Secure farmstead area” means real property that includes 3 an animal feeding operation and up to four hundred feet of 4 surrounding land with any improvements, if all such real 5 property is both owned or leased by a person and not located 6 within the corporate limits of a city. 7 9. “Surveillance device” means a camera or electronic 8 equipment that transmits or records images, sounds, or data 9 if the transmission or recording is capable of reasonably 10 identifying any of the following: 11 a. The identity, physical appearance, conduct, or voice of 12 an individual. 13 b. The species of an agricultural animal. 14 c. The unique physical characteristics of land or an 15 improvement to land. > 16 ___. By striking page 2, line 6, through page 3, line 27, 17 and inserting: 18 < Sec. ___. NEW SECTION . 715D.2 Distance measurements. 19 In measuring the distance from an object to a remotely 20 piloted aircraft in flight under this chapter, it shall be 21 presumed as a matter of law that the remotely piloted aircraft 22 is flying parallel to the object. The distance between the 23 object and remotely piloted aircraft shall be measured from 24 their closest possible points. 25 Sec. ___. NEW SECTION . 715D.3 Intrusion by use of remotely 26 piloted aircraft —— offense. 27 1. A person commits intrusion by the use of a remotely 28 piloted aircraft if the person knowingly does any of the 29 following: 30 a. Controls the flight of a remotely piloted aircraft over 31 a homestead, if the homestead is not owned or leased by the 32 person, and the remotely piloted aircraft remains over the 33 homestead. 34 b. Controls the flight of remotely piloted aircraft over a 35 -2- H 1147.1656 (2) 90 da/ns 2/ 5

secure farmstead area, if the secure farm area is not owned or 1 leased by the person, and the remotely piloted aircraft remains 2 over the secure farmstead area. 3 2. a. A person who commits intrusion by the use of a 4 remotely piloted aircraft is guilty of a simple misdemeanor. 5 b. Notwithstanding paragraph “a” , a person who commits 6 intrusion by the use of a remotely piloted aircraft is guilty 7 of a serious misdemeanor if the person has previously been 8 convicted of any of the following: 9 (1) Intrusion by the use of a remotely piloted aircraft as 10 provided in this section. 11 (2) Surveillance by the use of a remotely piloted aircraft 12 as provided in section 715D.4. 13 Sec. ___. NEW SECTION . 715D.4 Surveillance by use of 14 remotely piloted aircraft —— offense. 15 1. A person commits surveillance by the use of a remotely 16 piloted aircraft if the person knowingly does any of the 17 following: 18 a. Controls the flight of a remotely piloted aircraft 19 equipped with a surveillance device over a homestead, if 20 the homestead is not owned or leased by the person, and the 21 remotely piloted aircraft remains over the homestead. 22 b. Controls the flight of a remotely piloted aircraft 23 equipped with a surveillance device over a secure farmstead 24 area, if the secure farm area is not owned or leased by the 25 person, and the remotely piloted aircraft remains over the 26 secure farmstead area. 27 2. a. A person who commits surveillance by the use of a 28 remotely piloted aircraft is guilty of a serious misdemeanor. 29 b. Notwithstanding paragraph “a” , a person who commits 30 surveillance by the use of a remotely piloted aircraft 31 is guilty of an aggravated misdemeanor if the person has 32 previously been convicted of any of the following: 33 (1) Intrusion by the use of a remotely piloted aircraft as 34 provided in section 715D.3. 35 -3- H 1147.1656 (2) 90 da/ns 3/ 5

(2) Surveillance by the use of a remotely piloted aircraft 1 as provided in this section. 2 Sec. ___. NEW SECTION . 715D.5 Injunctive relief —— 3 harassment due to use of remotely piloted aircraft. 4 1. A person who is the owner or lessee of a homestead or 5 secure farmstead area may petition the district court to obtain 6 an order for a temporary injunction to prevent the respondent 7 from using any remotely piloted aircraft equipped with a 8 surveillance device, if a preponderance of evidence indicates 9 that the respondent is harassing the petitioner by controlling 10 the flight of the remotely piloted aircraft over the person’s 11 homestead or secure farmstead area. The court shall grant 12 the temporary injunction for not more than two years. The 13 court may continue the injunction upon a petition filed by the 14 petitioner with the court prior to the order’s expiration. 15 2. If a court grants an order for a temporary injunction 16 under subsection 1, the court may award the petitioner court 17 costs, reasonable attorney fees, and expenses related to the 18 petitioner’s investigation and adjudication of the case, which 19 shall be taxed as part of the costs of the action. 20 3. a. Except as provided in paragraph “b” , a court shall 21 order that any person holding a retrievable image, sound, or 22 data recorded in violation of this section destroy the image, 23 sound, or data, including any copy of such image, sound, or 24 data. 25 b. (1) A person may claim an ownership interest in a 26 retrievable image, sound, or data recorded in violation of this 27 section, to the extent that any of the following apply: 28 (a) The person is an individual who may be identified in the 29 recording. A parent or guardian of the individual may claim 30 the ownership interest on behalf of the individual. 31 (b) The person is an owner of an agricultural animal that 32 may be identified in the recording. 33 (c) The person is an owner of the land or an improvement 34 to land having unique physical characteristics that may be 35 -4- H 1147.1656 (2) 90 da/ns 4/ 5

identified in the recording. 1 (2) A person cannot claim an ownership interest in a 2 retrievable image, sound, or data that includes an image, 3 sound, or data that may identify another individual, an 4 agricultural animal owned by another person, or land or 5 an improvement owned by another person, unless that other 6 individual or person consents. > 7 ___. Page 3, line 28, by striking < 715D.5 Exceptions. > and 8 inserting < 715D.6 Exceptions —— intrusion or surveillance by use 9 of remotely piloted aircraft. > 10 ___. Page 3, by striking lines 29 through 31 and inserting: 11 < Sections 715D.3 and 715D.4 do not prohibit a person from 12 controlling a remotely piloted aircraft flying over a person’s 13 homestead or secure farmstead area if the person controlling 14 the remotely piloted aircraft is any of the following: >> 15 2. Page 2, after line 14 by inserting: 16 < ___. Page 4, after line 11 by inserting: 17 < ___. The state or a governmental subdivision exercising 18 rights to a public road right-of-way as defined in section 19 306.3. 20 ___. The owner or lessee of the homestead or secure 21 farmstead area. >> 22 3. By renumbering, redesignating, and correcting internal 23 references as necessary. 24 ______________________________ WULF of Black Hawk -5- H 1147.1656 (2) 90 da/ns 5/ 5 #2. #3.