Senate
File
491
-
Enrolled
Senate
File
491
AN
ACT
PROHIBITING
THE
USE
OF
REMOTELY
PILOTED
AIRCRAFT
FLYING
OVER
FARM
PROPERTY,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
715E.1,
subsections
1,
2,
and
8,
Code
2025,
are
amended
by
striking
the
subsections.
Sec.
2.
Section
715E.1,
Code
2025,
is
amended
by
adding
the
following
new
subsections:
Senate
File
491,
p.
2
NEW
SUBSECTION
.
3A.
“Farm
animal”
means
an
animal
belonging
to
the
bovine,
caprine,
ovine,
or
porcine
species;
farm
deer
as
defined
in
section
170.1;
ostriches,
rheas,
or
emus;
turkeys,
geese,
chickens,
or
other
domestic
poultry;
or
a
horse,
pony,
mule,
jenny,
donkey,
or
hinny.
NEW
SUBSECTION
.
3B.
“Farm
commodity”
means
a
farm
animal,
farm
crop,
or
honey.
NEW
SUBSECTION
.
3C.
a.
“Farm
crop”
means
a
plant
used
for
food,
animal
feed,
fiber,
or
oil,
including
a
forage
or
cereal
plant.
b.
“Farm
crop”
includes
but
is
not
limited
to
alfalfa,
barley,
buckwheat,
corn,
flax,
forage,
millet,
oats,
popcorn,
rye,
sorghum,
soybeans,
sunflowers,
wheat,
and
grasses
used
for
forage
or
silage.
NEW
SUBSECTION
.
3D.
a.
“Farm
equipment”
means
a
device
or
an
attachment
to
a
device
designed
and
manufactured
to
be
principally
used
for
farming,
including
the
production,
care,
or
harvesting
of
a
farm
commodity.
b.
“Farm
equipment”
includes
but
is
not
limited
to
tractors;
trailers;
combines;
tillage,
planting,
and
cultivating
implements;
balers;
irrigation
implements;
injection
and
application
devices;
manure
haulers
and
spreaders;
and
all-terrain
vehicles.
NEW
SUBSECTION
.
3E.
a.
“Farm
structure”
means
a
building
or
other
structure
used
in
farming,
including
the
production
of
farm
commodities.
b.
“Farm
structure”
includes
but
is
not
limited
to
the
principal
residence
of
a
farmer,
a
formed
or
unformed
structure
that
is
part
of
an
animal
feeding
operation
as
defined
in
section
459.102
and
related
pipes
and
manure
stockpiles,
a
barn,
a
stable,
a
storage
crib,
a
structure
used
to
store
seeds
or
grain,
an
outbuilding,
and
a
shed.
NEW
SUBSECTION
.
3F.
“Farmer”
means
the
person
who
is
actively
engaged
in
farming
as
defined
in
section
9H.1.
NEW
SUBSECTION
.
3G.
a.
“Farmstead”
means
real
property
to
which
all
of
the
following
apply:
(1)
The
real
property
is
owned
or
leased
by
a
farmer.
(2)
The
real
property
is
used
by
the
farmer
for
farming,
including
the
production
of
a
farm
commodity.
Senate
File
491,
p.
3
(3)
At
least
fifteen
thousand
dollars
was
generated
from
the
sale
of
farm
commodities
produced
on
the
real
property
in
the
last
calendar
year.
b.
“Farmstead”
includes
but
is
not
limited
to
a
crop
field
or
pastureland.
c.
“Farmstead”
does
not
include
any
real
property
located
within
the
corporate
limits
of
a
city.
Sec.
3.
Section
715E.1,
subsection
9,
Code
2025,
is
amended
to
read
as
follows:
9.
“Surveillance
device”
means
a
camera
or
electronic
equipment
that
transmits
or
records
images
an
image
,
sounds
sound
,
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
a
farm
animal.
c.
The
type
or
use
of
farm
equipment.
d.
The
type
or
use
of
a
farm
structure.
c.
e.
The
unique
physical
characteristics
of
land
or
an
improvement
to
land.
Sec.
4.
Section
715E.3,
subsection
1,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
Controls
the
flight
of
remotely
piloted
aircraft
over
a
secure
farmstead
area
,
if
the
secure
farmstead
area
is
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
secure
farmstead
area
within
a
secured
area
of
four
hundred
feet
surrounding
a
farm
animal,
farm
equipment,
or
a
farm
structure
located
on
the
farmstead
.
However,
the
secured
area
shall
not
include
any
space
that
is
in
the
corporate
limits
of
a
city.
Sec.
5.
Section
715E.4,
subsection
1,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
Controls
the
flight
of
a
remotely
piloted
aircraft
equipped
with
a
surveillance
device
over
a
secure
farmstead
area
,
if
the
secure
farmstead
area
is
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
secure
farmstead
area
within
a
secured
area
of
four
hundred
feet
surrounding
a
farm
animal,
farm
equipment,
or
a
farm
structure
located
on
the
farmstead
.
However,
the
secured
area
Senate
File
491,
p.
4
shall
not
include
any
space
that
is
in
the
corporate
limits
of
a
city.
Sec.
6.
Section
715E.5,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
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
in
violation
of
section
715E.3
or
715E.4
.
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.
Sec.
7.
Section
715E.5,
subsection
3,
paragraph
b,
subparagraph
(1),
subparagraph
division
(b),
Code
2025,
is
amended
to
read
as
follows:
(b)
The
person
is
an
the
owner
of
an
agricultural
animal
a
farm
animal,
farm
equipment,
or
a
farm
structure
that
may
be
identified
in
the
recording.
Sec.
8.
Section
715E.5,
subsection
3,
paragraph
b,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(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
a
farm
animal,
farm
equipment,
or
a
farm
structure
owned
by
another
person,
or
land
or
an
improvement
owned
by
another
person,
unless
that
other
individual
or
person
consents.
Sec.
9.
Section
715E.6,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
Sections
715E.3
and
715E.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:
Sec.
10.
Section
715E.6,
subsections
1
and
9,
Code
2025,
are
amended
to
read
as
follows:
Senate
File
491,
p.
5
1.
A
person
who
acts
with
the
consent
of
the
owner
of
the
homestead
or
secure
farmstead
area
.
9.
The
owner
or
lessee
of
the
homestead
or
secure
farmstead
area
.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
491,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor