House File 572 - Introduced HOUSE FILE 572 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HF 388) (COMPANION TO SF 369 BY SWEENEY) 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 TLSB 2146HV (1) 90 da/ns
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. Convicted means the entry of a judgment of 9 conviction under chapter 901 or adjudicated delinquent for an 10 act which is an indictable offense in this state or in another 11 state under chapter 232. 12 b. Convicted does not mean a plea, sentence, adjudication, 13 deferred sentence, or deferred judgment which has been reversed 14 or otherwise set aside. 15 3. Homestead means property which is a dwelling owned or 16 leased by a person that is used as the principal residence for 17 a person and includes up to four hundred feet of surrounding 18 property owned or leased by the person. 19 4. Remotely piloted aircraft means a self-propelled 20 vehicle used for navigation and flight, that is controlled by 21 the use of an electronic system and is not designed to carry a 22 human. 23 5. a. Secure farmstead area means property owned or 24 leased by a person where agricultural animals are confined 25 and fed and maintained for forty-five days or more in any 26 twelve-month period, and includes up to four hundred feet of 27 surrounding property owned or leased by the person. 28 b. Secure farmstead area includes an open feedlot as 29 defined in section 459A.102, or a structure, including a barn 30 or similar building, used to maintain agricultural animals. 31 6. Surveillance device means a camera or electronic 32 equipment that transmits or records images, sounds, or data 33 if the transmission or recording is capable of reasonably 34 identifying any of the following: 35 -1- LSB 2146HV (1) 90 da/ns 1/ 5
H.F. 572 a. The identity, physical appearance, conduct, or voice of 1 an individual. 2 b. The species of an agricultural animal. 3 c. The unique physical characteristics of land or an 4 improvement to land. 5 Sec. 2. NEW SECTION . 715D.2 Intrusion by use of remotely 6 piloted aircraft offense. 7 1. A person commits intrusion by the use of a remotely 8 piloted aircraft if the person knowingly does any of the 9 following: 10 a. Controls the flight of a remotely piloted aircraft over a 11 homestead. 12 b. Controls the flight of remotely piloted aircraft over a 13 secure farmstead area. 14 2. a. A person who commits intrusion by the use of a 15 remotely piloted aircraft is guilty of a simple misdemeanor. 16 b. Notwithstanding paragraph a , a person who commits 17 intrusion by the use of a remotely piloted aircraft is guilty 18 of a serious misdemeanor if the person has previously been 19 convicted of any of the following: 20 (1) Intrusion by the use of a remotely piloted aircraft as 21 provided in this section. 22 (2) Surveillance by the use of a remotely piloted aircraft 23 as provided in section 715D.3. 24 Sec. 3. NEW SECTION . 715D.3 Surveillance by use of remotely 25 piloted aircraft offense. 26 1. A person commits surveillance by the use of a remotely 27 piloted aircraft if the person knowingly does any of the 28 following: 29 a. Controls the flight of a remotely piloted aircraft 30 equipped with a surveillance device over a homestead. 31 b. Controls the flight of a remotely piloted aircraft 32 equipped with a surveillance device over a secure farmstead 33 area. 34 2. a. A person who commits surveillance by the use of a 35 -2- LSB 2146HV (1) 90 da/ns 2/ 5
H.F. 572 remotely piloted aircraft is guilty of a serious misdemeanor. 1 b. Notwithstanding paragraph a , a person who commits 2 surveillance by the use of a remotely piloted aircraft 3 is guilty of an aggravated misdemeanor if the person has 4 previously been convicted of any of the following: 5 (1) Intrusion by the use of a remotely piloted aircraft as 6 provided in section 715D.2. 7 (2) Surveillance by the use of a remotely piloted aircraft 8 as provided in this section. 9 Sec. 4. NEW SECTION . 715D.4 Injunctive relief 10 harassment. 11 1. A person who is the owner or lessee of a homestead or 12 secure farmstead area may petition the district court to obtain 13 an order for a temporary injunction to prevent the respondent 14 from using any remotely piloted aircraft equipped with a 15 surveillance device, if a preponderance of evidence indicates 16 that the respondent is harassing the petitioner by controlling 17 the flight of the remotely piloted aircraft over the persons 18 homestead or secure farmstead area. The court shall grant 19 the temporary injunction for not more than two years. The 20 court may continue the injunction upon a petition filed by the 21 petitioner with the court prior to the orders expiration. 22 2. If a court grants an order for a temporary injunction 23 under subsection 1, the court may award the petitioner court 24 costs, reasonable attorney fees, and expenses related to the 25 petitioners investigation and adjudication of the case, which 26 shall be taxed as part of the costs of the action. 27 Sec. 5. NEW SECTION . 715D.5 Exceptions. 28 This chapter does not prohibit a person controlling the 29 flight of a remotely piloted aircraft as provided in this 30 chapter if the person is any of the following: 31 1. A person who acts with the consent of the owner of the 32 homestead or secure farmstead area. 33 2. A department, division, or other unit of state government 34 of this state or any other state, city, county, township, or 35 -3- LSB 2146HV (1) 90 da/ns 3/ 5
H.F. 572 other governmental subdivision, or any other public corporation 1 or agency created under the laws of this state, any other 2 state, the United States, or any department or agency thereof, 3 or any agency, commission, or authority established pursuant to 4 an interstate compact or agreement or combination thereof. 5 3. A public utility as defined in section 476.1. 6 4. A person who controls the flight of a remotely piloted 7 aircraft more than four hundred feet from the earths surface. 8 5. A person who controls the flight of a remotely piloted 9 aircraft for the exclusive purpose of collecting information 10 regarding weather or climate conditions. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanations substance by the members of the general assembly. 14 GENERAL. This bill prohibits the use of remotely piloted 15 aircraft (RPA) flying over a homestead or that part of a 16 farmstead where agricultural animals are kept (secured 17 farmstead area). 18 TERMS. An RPA refers to a self-propelled vehicle used 19 for navigation and flight, is controlled by the use of an 20 electronic system, and is not designed to carry a human. A 21 homestead includes a dwelling owned or leased by a person that 22 is used as the principal residence for a person and includes 23 up to 400 feet of surrounding property owned or leased by that 24 person. A secure farmstead area refers to an open feedlot, 25 building, or other structure and includes up to 400 feet of 26 surrounding property. A surveillance device refers to a camera 27 or electronic equipment that transmits or records images, 28 sounds, or data; and that is capable of reasonably identifying 29 an individual, agricultural animal, or unique physical 30 characteristics of land or an improvement. 31 CRIMINAL OFFENSES. The bill creates two related criminal 32 offenses. A person commits intrusion by the use of an RPA 33 (intrusion) by knowingly controlling the flight of an RPA over 34 a homestead or secure farmstead area and a person commits 35 -4- LSB 2146HV (1) 90 da/ns 4/ 5
H.F. 572 surveillance by the use of an RPA (surveillance) by controlling 1 the flight of an RPA equipped with a surveillance device over 2 those same locations. In each case, a criminal penalty is 3 enhanced if a person has been previously convicted of either 4 offense. In the case of a person committing intrusion, the 5 penalty is a simple misdemeanor subject to an enhanced penalty 6 of a serious misdemeanor and in the case of a person committing 7 surveillance the penalty is a serious misdemeanor subject to 8 an enhanced penalty of an aggravated misdemeanor. A simple 9 misdemeanor is punishable by confinement for no more than 30 10 days and a fine of at least $105 but not more than $855. A 11 serious misdemeanor is punishable by confinement for no more 12 than one year and a fine of at least $430 but not more than 13 $2,560. An aggravated misdemeanor is punishable by confinement 14 for no more than two years and a fine of at least $855 but not 15 more than $8,540. 16 INJUNCTIVE RELIEF HARASSMENT. An owner or lessee of a 17 homestead or secure farmstead area may bring a case in district 18 court as a petitioner in equity seeking to obtain a temporary 19 injunction to prevent the other party as the respondent from 20 harassing the petitioner by controlling the flight of an RPA 21 over the petitioners homestead or secure farmstead area. 22 The temporary injunction is for not more than two years but 23 is subject to a court ordered continuance. A successful 24 petitioner may be awarded court costs, attorney fees, and 25 expenses. 26 EXCEPTIONS. The bills provisions do not apply to a number 27 of persons including a person acting with the consent of the 28 owner of the homestead or secure farmstead area, a unit of 29 government, a public utility, a person who controls the flight 30 of an RPA more than 400 feet from the earths surface, or a 31 person who controls the flight of an RPA for the purpose of 32 collecting information regarding weather or climate conditions. 33 -5- LSB 2146HV (1) 90 da/ns 5/ 5