Senate
Study
Bill
1191
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
ZUMBACH)
A
BILL
FOR
An
Act
prohibiting
the
use
of
remotely
piloted
aircraft
flying
1
over
farm
property,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
715E.1,
subsections
1,
2,
and
8,
Code
1
2025,
are
amended
by
striking
the
subsections.
2
Sec.
2.
Section
715E.1,
Code
2025,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
3A.
“Farm
animal”
means
an
animal
belonging
5
to
the
bovine,
caprine,
ovine,
or
porcine
species;
farm
deer
as
6
defined
in
section
170.1;
ostriches,
rheas,
or
emus;
turkeys,
7
geese,
chickens,
or
other
domestic
poultry;
or
a
horse,
pony,
8
mule,
jenny,
donkey,
or
hinny.
9
NEW
SUBSECTION
.
3B.
“Farm
commodity”
means
a
farm
animal,
10
farm
crop,
or
honey.
11
NEW
SUBSECTION
.
3C.
a.
“Farm
crop”
means
a
plant
used
for
12
food,
animal
feed,
fiber,
or
oil,
including
a
forage
or
cereal
13
plant.
14
b.
“Farm
crop”
includes
but
is
not
limited
to
alfalfa,
15
barley,
buckwheat,
corn,
flax,
forage,
millet,
oats,
popcorn,
16
rye,
sorghum,
soybeans,
sunflowers,
wheat,
and
grasses
used
for
17
forage
or
silage.
18
NEW
SUBSECTION
.
3D.
a.
“Farm
equipment”
means
a
device
19
or
an
attachment
to
a
device
designed
and
manufactured
to
be
20
principally
used
for
farming,
including
the
production,
care,
21
or
harvesting
of
a
farm
commodity.
22
b.
“Farm
equipment”
includes
but
is
not
limited
to
tractors;
23
trailers;
combines;
tillage,
planting,
and
cultivating
24
implements;
balers;
irrigation
implements;
injection
and
25
application
devices;
manure
haulers
and
spreaders;
and
26
all-terrain
vehicles.
27
NEW
SUBSECTION
.
3E.
a.
“Farm
structure”
means
a
building
28
or
other
structure
used
in
farming,
including
the
production
of
29
farm
commodities.
30
b.
“Farm
structure”
includes
but
is
not
limited
to
the
31
principal
residence
of
a
farmer,
a
formed
or
unformed
structure
32
that
is
part
of
an
animal
feeding
operation
as
defined
in
33
section
459.102
and
related
pipes
and
manure
stockpiles,
a
34
barn,
a
stable,
a
storage
crib,
a
structure
used
to
store
seeds
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or
grain,
an
outbuilding,
and
a
shed.
1
NEW
SUBSECTION
.
3F.
“Farmer”
means
the
person
who
is
2
actively
engaged
in
farming
as
defined
in
section
9H.1.
3
NEW
SUBSECTION
.
3G.
a.
“Farmstead”
means
real
property
4
consisting
of
forty
or
more
contiguous
acres,
if
all
of
the
5
following
apply:
6
(1)
The
real
property
is
owned
or
leased
by
a
farmer.
7
(2)
The
real
property
is
used
by
the
farmer
for
farming,
8
including
the
production
of
a
farm
commodity.
9
(3)
At
least
fifteen
thousand
dollars
was
generated
from
the
10
sale
of
farm
commodities
produced
on
the
real
property
in
the
11
last
calendar
year.
12
b.
“Farmstead”
includes
but
is
not
limited
to
a
crop
field
13
or
pastureland.
14
c.
“Farmstead”
does
not
include
any
real
property
located
15
within
the
corporate
limits
of
a
city.
16
Sec.
3.
Section
715E.1,
subsection
9,
Code
2025,
is
amended
17
to
read
as
follows:
18
9.
“Surveillance
device”
means
a
camera
or
electronic
19
equipment
that
transmits
or
records
images
an
image
,
sounds
20
sound
,
or
data
if
the
transmission
or
recording
is
capable
of
21
reasonably
identifying
any
of
the
following:
22
a.
The
identity,
physical
appearance,
conduct,
or
voice
of
23
an
individual.
24
b.
The
species
of
an
agricultural
a
farm
animal.
25
c.
The
type
or
use
of
farm
equipment.
26
d.
The
type
or
use
of
a
farm
structure.
27
c.
e.
The
unique
physical
characteristics
of
land
or
an
28
improvement
to
land.
29
Sec.
4.
Section
715E.3,
subsection
1,
paragraph
b,
Code
30
2025,
is
amended
to
read
as
follows:
31
b.
Controls
the
flight
of
remotely
piloted
aircraft
over
32
a
secure
farmstead
area
,
if
the
secure
farmstead
area
is
33
not
owned
or
leased
by
the
person,
and
the
remotely
piloted
34
aircraft
remains
over
the
secure
farmstead
area
within
a
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secured
area
of
four
hundred
feet
surrounding
a
farm
animal,
1
farm
equipment,
or
a
farm
structure
located
on
the
farmstead
.
2
However,
the
secured
area
shall
not
include
any
space
that
is
3
in
the
corporate
limits
of
a
city.
4
Sec.
5.
Section
715E.4,
subsection
1,
paragraph
b,
Code
5
2025,
is
amended
to
read
as
follows:
6
b.
Controls
the
flight
of
a
remotely
piloted
aircraft
7
equipped
with
a
surveillance
device
over
a
secure
farmstead
8
area
,
if
the
secure
farmstead
area
is
not
owned
or
leased
by
9
the
person,
and
the
remotely
piloted
aircraft
remains
over
the
10
secure
farmstead
area
within
a
secured
area
of
four
hundred
11
feet
surrounding
a
farm
animal,
farm
equipment,
or
a
farm
12
structure
located
on
the
farmstead
.
However,
the
secured
area
13
shall
not
include
any
space
that
is
in
the
corporate
limits
of
14
a
city.
15
Sec.
6.
Section
715E.5,
subsection
1,
Code
2025,
is
amended
16
to
read
as
follows:
17
1.
A
person
who
is
the
owner
or
lessee
of
a
homestead
18
or
secure
farmstead
area
may
petition
the
district
court
to
19
obtain
an
order
for
a
temporary
injunction
to
prevent
the
20
respondent
from
using
any
remotely
piloted
aircraft
equipped
21
with
a
surveillance
device,
if
a
preponderance
of
evidence
22
indicates
that
the
respondent
is
harassing
the
petitioner
by
23
controlling
the
flight
of
the
remotely
piloted
aircraft
over
24
the
person’s
homestead
or
secure
farmstead
area
in
violation
of
25
section
715E.3
or
715E.4
.
The
court
shall
grant
the
temporary
26
injunction
for
not
more
than
two
years.
The
court
may
continue
27
the
injunction
upon
a
petition
filed
by
the
petitioner
with
the
28
court
prior
to
the
order’s
expiration.
29
Sec.
7.
Section
715E.5,
subsection
3,
paragraph
b,
30
subparagraph
(1),
subparagraph
division
(b),
Code
2025,
is
31
amended
to
read
as
follows:
32
(b)
The
person
is
an
the
owner
of
an
agricultural
animal
a
33
farm
animal,
farm
equipment,
or
a
farm
structure
that
may
be
34
identified
in
the
recording.
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Sec.
8.
Section
715E.5,
subsection
3,
paragraph
b,
1
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
2
(2)
A
person
cannot
claim
an
ownership
interest
in
a
3
retrievable
image,
sound,
or
data
that
includes
an
image,
4
sound,
or
data
that
may
identify
another
individual,
an
5
agricultural
animal
a
farm
animal,
farm
equipment,
or
a
farm
6
structure
owned
by
another
person,
or
land
or
an
improvement
7
owned
by
another
person,
unless
that
other
individual
or
person
8
consents.
9
Sec.
9.
Section
715E.6,
unnumbered
paragraph
1,
Code
2025,
10
is
amended
to
read
as
follows:
11
Sections
715E.3
and
715E.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
Sec.
10.
Section
715E.6,
subsections
1
and
9,
Code
2025,
are
16
amended
to
read
as
follows:
17
1.
A
person
who
acts
with
the
consent
of
the
owner
of
the
18
homestead
or
secure
farmstead
area
.
19
9.
The
owner
or
lessee
of
the
homestead
or
secure
farmstead
20
area
.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
BACKGROUND
——
GENERAL.
2024
Iowa
Acts,
chapter
1131,
25
prohibited
the
use
of
remotely
piloted
aircraft
(RPA)
flying
26
over
certain
areas,
including
a
homestead
or
that
part
of
27
a
farmstead
where
agricultural
animals
are
confined
and
28
maintained
(Code
chapter
715E).
An
RPA
is
a
self-propelled
29
vehicle
used
for
navigation
and
flight,
is
controlled
by
the
30
use
of
an
electronic
system,
and
is
not
designed
to
carry
a
31
human.
A
surveillance
device
that
is
part
of
an
RPA
refers
32
to
a
camera
or
electronic
equipment
that
transmits
or
records
33
images,
sounds,
or
data
from
a
distance.
The
location
that
is
34
part
of
the
farmstead
confining
and
maintaining
agricultural
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animals
is
referred
to
as
an
animal
feeding
operation.
A
1
secure
farmstead
area
includes
an
animal
feeding
operation
and
2
an
additional
400
feet
of
surrounding
real
property
if
both
are
3
owned
or
leased
by
the
same
person
(Code
section
715E.1).
4
BACKGROUND
——
CRIMINAL
OFFENSES.
Code
chapter
715E
created
5
two
related
criminal
offenses.
The
first
offense,
referred
to
6
as
intrusion,
is
committed
when
a
person
knowingly
controls
the
7
flight
of
an
RPA
over
either
of
the
two
protected
locations
8
(Code
section
715E.3).
The
second
offense,
referred
to
as
9
surveillance,
is
committed
when
a
person
knowingly
controls
10
the
flight
of
an
RPA
equipped
with
a
surveillance
device
over
11
either
of
those
same
locations
(Code
section
715E.4).
In
each
12
case,
the
applicable
criminal
penalty
is
enhanced
if
a
person
13
has
been
previously
convicted
of
either
offense.
For
a
person
14
committing
intrusion,
the
penalty
is
a
simple
misdemeanor
15
subject
to
an
enhanced
penalty
of
a
serious
misdemeanor,
and
16
for
a
person
committing
surveillance,
the
penalty
is
a
serious
17
misdemeanor
subject
to
an
enhanced
penalty
of
an
aggravated
18
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
19
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
20
not
more
than
$855.
A
serious
misdemeanor
is
punishable
by
21
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
22
$430
but
not
more
than
$2,560.
An
aggravated
misdemeanor
is
23
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
24
of
at
least
$855
but
not
more
than
$8,540.
25
BACKGROUND
——
INJUNCTIVE
RELIEF.
A
person
who
owns
or
leases
26
a
homestead
or
secure
farmstead
area
may
petition
the
district
27
court
to
obtain
an
order
for
a
temporary
injunction
to
prevent
28
a
party
from
using
an
RPA
equipped
with
a
surveillance
device
29
(Code
section
715E.5).
30
BACKGROUND
——
EXCEPTIONS.
Code
chapter
715E
prohibitions
31
do
not
apply
in
a
number
of
circumstances
based
on
consent
by
32
the
location’s
owner,
operation
of
an
RPA
in
compliance
with
33
federal
aviation
administration
regulations,
government
actions
34
in
compliance
with
an
interstate
compact,
the
use
of
public
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utilities
and
railroads,
an
RPA’s
high-altitude
flight,
the
use
1
of
an
RPA
to
collect
scientific
information,
and
a
government’s
2
exercise
of
a
public
road
right-of-way.
3
BILL’S
PROVISIONS
——
TERMINOLOGY
CHANGE.
This
bill
replaces
4
the
term
“secure
farmstead
area”,
which
is
defined
to
include
5
an
animal
feeding
operation,
with
the
term
“farmstead”.
The
6
bill
redefines
the
term
“farmstead”
to
mean
at
least
40
7
contiguous
acres
of
real
property
used
for
farming,
subject
8
to
certain
conditions:
(1)
the
real
property
is
owned
or
9
leased
by
a
farmer,
defined
as
a
person
actively
engaged
in
10
farming,
(2)
the
real
property
is
used
for
farming,
including
11
the
production
of
a
farm
commodity,
and
(3)
at
least
$15,000
12
was
generated
from
the
sale
of
farm
commodities
produced
on
the
13
real
property
in
the
last
calendar
year.
The
bill
establishes
14
a
secured
area
of
400
feet
from
certain
types
of
property
15
located
on
the
farmstead,
which
includes
a
farm
animal,
farm
16
equipment,
or
a
farm
structure.
However,
the
secured
area
17
cannot
include
any
space
within
the
corporate
limits
of
a
city.
18
An
RPA
is
prohibited
from
entering
into
this
space,
subject
to
19
the
exceptions
that
apply
to
a
homestead.
20
BILL’S
PROVISIONS
——
INJUNCTIVE
RELIEF.
The
same
right
to
21
petition
a
district
court
to
obtain
an
order
for
injunctive
22
relief
that
applies
under
current
law
to
the
owner
or
lessee
of
23
a
homestead
or
a
secure
farmstead
area
applies
under
the
bill
24
to
the
owner
or
lessee
of
a
homestead
or
farmstead.
25
PENALTIES.
The
same
criminal
offenses
and
penalties
that
26
protect
a
homestead
and
secure
farmstead
area
under
current
27
law
protect
a
homestead
and
a
secure
farmstead,
including
a
28
secure
animal
feeding
operation,
under
the
bill,
including
for
29
intrusion
and
surveillance.
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