Bills › 91st General Assembly
Prohibiting the use of remotely piloted aircraft flying over farm property, and making penalties applicable
Sponsored by the Senate Transportation Committee
Topics:AgricultureCrime & correctionsLivestock & confinements
Same legislation: SSB 1191
Where it is now
- Done: IntroducedFebruary 26, 2025
- Done: SubcommitteeFebruary 26, 2025
- Done: Senate committeeMarch 3, 2025
- Done: Passes the SenateMarch 17, 202543–3
- Done: House committeeApril 1, 2025
- Done: Passes the HouseApril 8, 202589–7
- Done: To the GovernorMay 6, 2025
- Done: Signed into lawMay 6, 2025
Signed into law What’s a funnel?
What’s in it
AI summary This bill changes how the law protects certain farming properties from drones. It replaces the term "secure farmstead area" with "farmstead," which now applies to land used for farming that made at least $15,000 from sales last year. People are still prohibited from flying drones over these areas or using them for surveillance, and the same criminal penalties and court protections remain in place.1
Read the official explanation
2024 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 animals is referred to as an animal feeding operation.1). BACKGROUND —— CRIMINAL OFFENSES. Code chapter 715E created two related criminal offenses.3).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 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.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 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 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.
Changed since by amendment H-1215; see Amendments.
House subcommittee
Named March 19, 2025. On March 27, 2025 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill changes the definitions and rules regarding drone intrusion and surveillance on farmsteads. The fiscal impact on the state's General Fund cannot be determined but is anticipated to be minimal.3
Read the fiscal note
Description
Senate File 491 modifies the offenses of intrusion by use of remotely piloted aircraft (RPA) under Iowa Code section 715E.3(1)(b) and surveillance by use of RPA under Iowa Code section 715E.4(1)(b) by replacing the term “secure farmstead area” with the term “farmstead.” The Bill defines the term “farmstead” as real property that is owned or leased by a farmer and is used by the farmer for farming, including the production of a farm commodity. The real property must also have generated at least $15,000 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 include a farm animal, farm equipment, or a farm structure. An RPA is prohibited from entering into this space, subject to the exceptions that apply to a homestead.
The Bill removes the definitions of “agricultural animal,” “animal feeding operation,” and “secure farmstead area.” The Bill adds new definitions under Iowa Code section 715E.1 for the terms “farm animal,” “farm commodity,” “farm crop,” “farm equipment,” “farm structure,” “farmer,” and “farmstead” and amends the definition of the term “surveillance device.”
Background
Iowa Code chapter 715E establishes the following offenses, provides penalties, and provides for exceptions to the offenses:
- Intrusion by the use of an RPA.
- Surveillance by the use of an RPA.
A person commits intrusion by the use of an RPA if the person knowingly controls the flight of an RPA over a homestead or a secure farmstead area, if the homestead or secure farmstead area is not owned or leased by the RPA operator, and if the RPA remains over the homestead or secure farmstead area. The penalty is a simple misdemeanor, or a serious misdemeanor if the person has previously been convicted of this offense or surveillance by the use of an RPA. A person commits surveillance by the use of an RPA if the person knowingly controls the flight of an RPA equipped with a surveillance device over a homestead or secure farmstead area, if the homestead or secure farmstead area is not owned or leased by the RPA operator, and if the RPA remains over the homestead or secure farmstead area. The penalty is a serious misdemeanor, or an aggravated misdemeanor if the person has previously been convicted of this offense or intrusion by the use of an RPA.
In FY 2024, there were no convictions and no individuals admitted to prison or probation under Iowa Code sections 715E.3 and 715E.4.
An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but not more than $8,540. 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. A simple misdemeanor is punishable by confinement for up to 30 days and a fine of at least $105 but not more than $855.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A delay of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
The correctional impact of the Bill cannot be determined since the definition changed but is anticipated to be minimal. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for a serious misdemeanor and an aggravated misdemeanor. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.
Figure 1 — Sentencing Estimates and Length of Stay (LOS) in Months
Minority Impact
The minority impact cannot be determined due to a lack of existing data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact cannot be determined but is anticipated to be minimal. Figure 2 shows the average State cost per offense for a serious misdemeanor and aggravated misdemeanor. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision. Figure 2 — Average State Costs per OffenseConviction Offense Class
Percent
Ordered to
State Prison
FY 2024 Avg
LOS in
Prison (All Releases)
Marginal
Cost Per
Day Prison
Percent
Ordered to
Probation
FY 2024
Field Avg
LOS on
Probation
Avg Cost
Per Day on
Probation
Marginal
Cost Per
Day CBC
Marginal
Cost Per
Day Jail
FY 2024
Field Avg
LOS on
Parole
Marginal
Cost Per
Day Parole
Aggravated Misdemeanor
Non-Persons 30.5% 8.7 $24.51 46.4% 26.1 $7.68 $18.37 $50.00 19.7 $7.68 Serious Misdemeanor 2.4% N/A $24.51 53.4% 18.8 $7.68 $18.37 $50.00 N/A $7.68Offense Class Average Cost Aggravated Misdemeanor $6,800 to $11,800 Serious Misdemeanor $420 to $5,000
Sources
- Department of Corrections
- Department of Management (DOM) Criminal Justice Planning
- Final Fiscal Note — Drone Regulations, Farmland · June 10, 2025
- Drone Regulations, Farmland · April 9, 2025
- Drone Regulations, Farmland · March 14, 2025
Iowa Code it changes
Lobbying
5 for · 3 against · 13 undecided · Who →
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91st General Assembly