House File 572 - Reprinted HOUSE FILE 572 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HF 388) (COMPANION TO SF 369 BY SWEENEY) (As Amended and Passed by the House April 11, 2023 ) A BILL FOR An Act prohibiting the use of remotely piloted aircraft flying 1 over certain property, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 572 (2) 90 da/ns/md

H.F. 572 Section 1. NEW SECTION . 715D.1 Definitions. 1 As used in this chapter: 2 1. “Agricultural animal” means an animal belonging to 3 the bovine, caprine, equine, ovine, or porcine species; farm 4 deer as defined in section 170.1; ostriches, rheas, or emus; 5 turkeys, chickens, domestic geese or ducks, or other domestic 6 fowl; or fish or other aquatic organisms confined in private 7 waters for human consumption. 8 2. a. “Animal feeding operation” means a place where 9 agricultural animals are confined and fed and maintained for 10 forty-five days or more in any twelve-month period, if the 11 place is not within the corporate limits of a city. 12 b. “Animal feeding operation” includes an open feedlot 13 operation as defined in section 459A.102; a lot or corral; or a 14 structure, including a barn or similar building, used to house 15 agricultural animals. 16 3. a. “Convicted” means the entry of a judgment of 17 conviction under chapter 901 or adjudicated delinquent for an 18 act which is an indictable offense in this state or in another 19 state under chapter 232. 20 b. “Convicted” does not mean a plea, sentence, adjudication, 21 deferred sentence, or deferred judgment which has been reversed 22 or otherwise set aside. 23 4. “Homestead” means real property that includes the 24 principal residence of a person, and up to four hundred feet 25 of surrounding land with any improvements, if all such real 26 property is both owned or leased by that person and not located 27 within the corporate limits of a city. 28 5. “Principal residence” means the place where a person 29 habitually lives for more days per year than another place in 30 this state, if the place is not within the corporate limits of 31 a city. 32 6. “Railroad company” means a business entity organized 33 under the laws of this state or doing business in this state 34 as a carrier by rail and regulated by the federal railroad 35 -1- HF 572 (2) 90 da/ns/md 1/ 6

H.F. 572 administration. 1 7. “Remotely piloted aircraft” means a self-propelled 2 vehicle used for navigation and flight, that is controlled by 3 the use of an electronic system and is not designed to carry a 4 human. 5 8. “Secure farmstead area” means real property that includes 6 an animal feeding operation and up to four hundred feet of 7 surrounding land with any improvements, if all such real 8 property is both owned or leased by a person and not located 9 within the corporate limits of a city. 10 9. “Surveillance device” means a camera or electronic 11 equipment that transmits or records images, sounds, or data 12 if the transmission or recording is capable of reasonably 13 identifying any of the following: 14 a. The identity, physical appearance, conduct, or voice of 15 an individual. 16 b. The species of an agricultural animal. 17 c. The unique physical characteristics of land or an 18 improvement to land. 19 Sec. 2. NEW SECTION . 715D.2 Distance measurements. 20 In measuring the distance from an object to a remotely 21 piloted aircraft in flight under this chapter, it shall be 22 presumed as a matter of law that the remotely piloted aircraft 23 is flying parallel to the object. The distance between the 24 object and remotely piloted aircraft shall be measured from 25 their closest possible points. 26 Sec. 3. NEW SECTION . 715D.3 Intrusion by use of remotely 27 piloted aircraft —— offense. 28 1. A person commits intrusion by the use of a remotely 29 piloted aircraft if the person knowingly does any of the 30 following: 31 a. Controls the flight of a remotely piloted aircraft over 32 a homestead, if the homestead is not owned or leased by the 33 person, and the remotely piloted aircraft remains over the 34 homestead. 35 -2- HF 572 (2) 90 da/ns/md 2/ 6

H.F. 572 b. Controls the flight of remotely piloted aircraft over a 1 secure farmstead area, if the secure farm area is not owned or 2 leased by the person, and the remotely piloted aircraft remains 3 over the secure farmstead area. 4 2. a. A person who commits intrusion by the use of a 5 remotely piloted aircraft is guilty of a simple misdemeanor. 6 b. Notwithstanding paragraph “a” , a person who commits 7 intrusion by the use of a remotely piloted aircraft is guilty 8 of a serious misdemeanor if the person has previously been 9 convicted of any of the following: 10 (1) Intrusion by the use of a remotely piloted aircraft as 11 provided in this section. 12 (2) Surveillance by the use of a remotely piloted aircraft 13 as provided in section 715D.4. 14 Sec. 4. NEW SECTION . 715D.4 Surveillance by use of remotely 15 piloted aircraft —— offense. 16 1. A person commits surveillance by the use of a remotely 17 piloted aircraft if the person knowingly does any of the 18 following: 19 a. Controls the flight of a remotely piloted aircraft 20 equipped with a surveillance device over a homestead, if 21 the homestead is not owned or leased by the person, and the 22 remotely piloted aircraft remains over the homestead. 23 b. Controls the flight of a remotely piloted aircraft 24 equipped with a surveillance device over a secure farmstead 25 area, if the secure farm area is not owned or leased by the 26 person, and the remotely piloted aircraft remains over the 27 secure farmstead area. 28 2. a. A person who commits surveillance by the use of a 29 remotely piloted aircraft is guilty of a serious misdemeanor. 30 b. Notwithstanding paragraph “a” , a person who commits 31 surveillance by the use of a remotely piloted aircraft 32 is guilty of an aggravated misdemeanor if the person has 33 previously been convicted of any of the following: 34 (1) Intrusion by the use of a remotely piloted aircraft as 35 -3- HF 572 (2) 90 da/ns/md 3/ 6

H.F. 572 provided in section 715D.3. 1 (2) Surveillance by the use of a remotely piloted aircraft 2 as provided in this section. 3 Sec. 5. NEW SECTION . 715D.5 Injunctive relief —— harassment 4 due to use of remotely piloted aircraft. 5 1. A person who is the owner or lessee of a homestead or 6 secure farmstead area may petition the district court to obtain 7 an order for a temporary injunction to prevent the respondent 8 from using any remotely piloted aircraft equipped with a 9 surveillance device, if a preponderance of evidence indicates 10 that the respondent is harassing the petitioner by controlling 11 the flight of the remotely piloted aircraft over the person’s 12 homestead or secure farmstead area. The court shall grant 13 the temporary injunction for not more than two years. The 14 court may continue the injunction upon a petition filed by the 15 petitioner with the court prior to the order’s expiration. 16 2. If a court grants an order for a temporary injunction 17 under subsection 1, the court may award the petitioner court 18 costs, reasonable attorney fees, and expenses related to the 19 petitioner’s investigation and adjudication of the case, which 20 shall be taxed as part of the costs of the action. 21 3. a. Except as provided in paragraph “b” , a court shall 22 order that any person holding a retrievable image, sound, or 23 data recorded in violation of this section destroy the image, 24 sound, or data, including any copy of such image, sound, or 25 data. 26 b. (1) A person may claim an ownership interest in a 27 retrievable image, sound, or data recorded in violation of this 28 section, to the extent that any of the following apply: 29 (a) The person is an individual who may be identified in the 30 recording. A parent or guardian of the individual may claim 31 the ownership interest on behalf of the individual. 32 (b) The person is an owner of an agricultural animal that 33 may be identified in the recording. 34 (c) The person is an owner of the land or an improvement 35 -4- HF 572 (2) 90 da/ns/md 4/ 6

H.F. 572 to land having unique physical characteristics that may be 1 identified in the recording. 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 owned by another person, or land or 6 an improvement owned by another person, unless that other 7 individual or person consents. 8 Sec. 6. NEW SECTION . 715D.6 Exceptions —— intrusion or 9 surveillance by use of remotely piloted aircraft. 10 Sections 715D.3 and 715D.4 do not prohibit a person from 11 controlling a remotely piloted aircraft flying over a person’s 12 homestead or secure farmstead area if the person controlling 13 the remotely piloted aircraft is any of the following: 14 1. A person who acts with the consent of the owner of the 15 homestead or secure farmstead area. 16 2. A person who operates a remotely piloted aircraft for 17 a commercial or agricultural use in compliance with federal 18 aviation administration regulations, authorizations, or 19 exemptions. 20 3. A department, division, or other unit of state government 21 of this state or any other state, city, county, township, or 22 other governmental subdivision, or any other public corporation 23 or agency created under the laws of this state, any other 24 state, the United States, or any department or agency thereof, 25 or any agency, commission, or authority established pursuant to 26 an interstate compact or agreement or combination thereof. 27 4. A public utility as defined in section 476.1. 28 5. A railroad company. 29 6. A person who controls the flight of a remotely piloted 30 aircraft more than four hundred feet from the earth’s surface. 31 7. A person who controls the flight of a remotely piloted 32 aircraft for the exclusive purpose of collecting information 33 regarding weather or climate conditions. 34 8. The state or a governmental subdivision exercising 35 -5- HF 572 (2) 90 da/ns/md 5/ 6

H.F. 572 rights to a public road right-of-way as defined in section 1 306.3. 2 9. The owner or lessee of the homestead or secure farmstead 3 area. 4 -6- HF 572 (2) 90 da/ns/md 6/ 6