Bill Text: IA HF388 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the use of remotely piloted aircraft flying over certain property, and providing penalties.(See HF 572.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-04-11 - Withdrawn. H.J. 805. [HF388 Detail]
Download: Iowa-2023-HF388-Introduced.html
House
File
388
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Introduced
HOUSE
FILE
388
BY
WULF
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
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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
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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
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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
person’s
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
order’s
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
petitioner’s
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
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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
earth’s
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
explanation’s
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
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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
petitioner’s
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
bill’s
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
earth’s
surface,
or
a
31
person
who
controls
the
flight
of
an
RPA
for
the
purpose
of
32
collecting
information
regarding
weather
or
climate
conditions.
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