Bill > SSB1191

Introduced Session

BACKGROUND —— GENERAL. Iowa Acts, chapter 1131, prohibited the use of remotely piloted aircraft (RPA) flying over certain areas, including a homestead or that part of a farmstead where agricultural animals are confined and maintained (Code chapter 715E). An RPA is a self-propelled vehicle used for navigation and flight, is controlled by the use of an electronic system, and is not designed to carry a human. A surveillance device that is part of an RPA refers to a camera or electronic equipment that transmits or records images, sounds, or data from a distance. The location that is part of the farmstead confining and maintaining agricultural S.F. _____ animals is referred to as an animal feeding operation. A secure farmstead area includes an animal feeding operation and an additional 400 feet of surrounding real property if both are owned or leased by the same person (Code section 715E.1). BACKGROUND —— CRIMINAL OFFENSES. Code chapter 715E created two related criminal offenses. The first offense, referred to as intrusion, is committed when a person knowingly controls the flight of an RPA over either of the two protected locations (Code section 715E.3). The second offense, referred to as surveillance, is committed when a person knowingly controls the flight of an RPA equipped with a surveillance device over either of those same locations (Code section 715E.4). In each case, the applicable criminal penalty is enhanced if a person has been previously convicted of either offense. For a person committing intrusion, the penalty is a simple misdemeanor subject to an enhanced penalty of a serious misdemeanor, and for a person committing surveillance, the penalty is a serious misdemeanor subject to an enhanced penalty of an aggravated misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. BACKGROUND —— INJUNCTIVE RELIEF. A person who owns or leases a homestead or secure farmstead area may petition the district court to obtain an order for a temporary injunction to prevent a party from using an RPA equipped with a surveillance device (Code section 715E.5). BACKGROUND —— EXCEPTIONS. Code chapter 715E prohibitions do not apply in a number of circumstances based on consent by the location’s owner, operation of an RPA in compliance with federal aviation administration regulations, government actions in compliance with an interstate compact, the use of public S.F. _____ utilities and railroads, an RPA’s high-altitude flight, the use of an RPA to collect scientific information, and a government’s exercise of a public road right-of-way. BILL’S PROVISIONS —— TERMINOLOGY CHANGE. This bill replaces the term “secure farmstead area”, which is defined to include an animal feeding operation, with the term “farmstead”. The bill redefines the term “farmstead” to mean at least 40 contiguous acres of real property used for farming, subject to certain conditions: (1) the real property is owned or leased by a farmer, defined as a person actively engaged in farming, (2) the real property is used for farming, including the production of a farm commodity, and (3) at least $15,000 was generated from the sale of farm commodities produced on the real property in the last calendar year. The bill establishes a secured area of 400 feet from certain types of property located on the farmstead, which includes a farm animal, farm equipment, or a farm structure. However, the secured area cannot include any space within the corporate limits of a city. An RPA is prohibited from entering into this space, subject to the exceptions that apply to a homestead. BILL’S PROVISIONS —— INJUNCTIVE RELIEF. The same right to petition a district court to obtain an order for injunctive relief that applies under current law to the owner or lessee of a homestead or a secure farmstead area applies under the bill to the owner or lessee of a homestead or farmstead. PENALTIES. The same criminal offenses and penalties that protect a homestead and secure farmstead area under current law protect a homestead and a secure farmstead, including a secure animal feeding operation, under the bill, including for intrusion and surveillance.

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Other Sponsors (1)

Committee report approving bill, renumbered as SF 491. (on 03/03/2025)

Official Document