SF 2101 (LSB 5000SV (3) 87)

SENATE FILE 2101

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2002)

(As Amended and Passed by the Senate 2018-03-07)

A BILL FOR

An Act relating to purple marks or caps on top of trees or posts to indicate that unlawful entry constitutes criminal trespass and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 716.7, subsection 2, paragraph a, subparagraph (2), Code 2018, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (c)  (i)  Identifying purple marks or caps have been placed on trees or posts around the area where entry is forbidden. Each purple mark must be either of the following:
   (A)  A vertical line on a tree of at least eight inches in length and the bottom of the mark must be no less than three feet and no more than five feet above the ground. Such marks must be placed no more than one hundred feet apart and must be readily visible to any person approaching the property.
   (B)  A fence post capped or otherwise marked on at least the post’s top two inches. Posts so capped or marked must be placed no more than one hundred feet apart and must be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from and could reasonably be construed to apply to property on both sides of a fence shared by different property owners, lessees, or others in lawful possession, an owner, lessee, or other person in lawful possession shall concur in the decision to apply a cap or mark to the fence.
   (ii)  (A)  This subparagraph division (c) shall not be construed to authorize an owner, lessee, or other person in lawful possession of any property to place any purple marks or caps on any tree or post or to install any post or fence if doing so would violate any applicable law.
   (B)  This subparagraph division (c) does not apply to real property located in a city.
   (C)  This subparagraph division (c) does not apply to the persons described in section 716.7, subsection 3, paragraphs “a” through “e”.
   (D)  Prior to July 1, 2019, notice provided by the method described in this subparagraph division (c) is not valid or enforcable. This subparagraph part is repealed July 1, 2023.
    Sec. 2.  DISSEMINATION OF INFORMATION REGARDING MARKING PROCEDURES.  The departments of agriculture and land stewardship and natural resources shall conduct an information campaign for the public concerning the implementation and interpretation of section 716.7, subsection 2, paragraph “a”, subparagraph (2), subparagraph division (c). The information provided shall inform the public about the marking requirements, including information regarding the size requirements of the markings as well as the manner in which the markings must be placed. The departments of agriculture and land stewardship and natural resources shall also include information in the campaign that, prior to July 1, 2019, any owner, lessee, or other person in lawful possession who chooses to place purple markings or caps on such person’s property, must comply with one of the other notice requirements listed in section 716.7, subsection 2, paragraph “a”, subparagraph (2), to meet the definition of trespass. The departments of agriculture and land stewardship and natural resources may prepare a brochure, disseminate the information through agency internet sites, or collaborate with nongovernmental organizations to assist in the dissemination of the information.