Senate File 452 S-3199 Amend Senate File 452 as follows: 1 1. Page 5, after line 20 by inserting: 2 < Sec. ___. Section 461C.1, Code 2013, is amended to 3 read as follows: 4 461C.1 Purpose. 5 1. The purpose of this chapter is to encourage 6 private owners holders of land to make land and water 7 areas available to the public for recreational purposes 8 and for urban deer control by limiting an owner’s a 9 holder’s liability toward persons entering onto the 10 owner’s holder’s property for such purposes. The 11 provisions of this chapter shall be construed liberally 12 and broadly in favor of private holders of land to 13 accomplish the purposes of this chapter. 14 2. The general assembly declares that the holding 15 of Sallee v. Stewart , (No. 11-0892) (Iowa 2013) is 16 abrogated in its entirety as contrary to the general 17 assembly’s intent for the construction of this chapter. 18 Sec. ___. Section 461C.2, subsections 3 and 5, Code 19 2013, are amended to read as follows: 20 3. “Land” means private land located in a 21 municipality including abandoned or inactive surface 22 mines , ; caves , and ; land used for agricultural 23 purposes , including ; marshlands, timber, and 24 grasslands ; and the privately owned roads, water 25 paths, trails, waters , water courses, private ways and 26 exteriors and interiors of buildings, structures , and 27 machinery , or equipment appurtenant thereto located on 28 such land . “Land” includes land that is not open to 29 the general public. 30 5. “Recreational purpose” means any activity 31 undertaken for recreation, sport, exercise, education, 32 relaxation, or pleasure, including but not limited to 33 the following or any combination thereof: Hunting, 34 trapping, horseback riding, fishing, swimming, 35 boating, camping, picnicking, hiking, pleasure driving, 36 motorcycling, all-terrain vehicle riding, nature study, 37 water skiing, snowmobiling, other summer and winter 38 sports or games , and agricultural tours, and viewing 39 or enjoying historical, archaeological, scenic, or 40 scientific sites while going to and from or actually 41 engaged therein . “Recreational purpose” includes the 42 activity of accompanying another person who is engaging 43 in such activities. “Recreational purpose” is not 44 limited to active engagement in such activities, but 45 also includes entry onto, use of, passage over, and 46 presence on any part of the land in connection with 47 such activities. 48 Sec. ___. Section 461C.3, Code 2013, is amended to 49 read as follows: 50 -1- SF452.1977 (2) 85 tm/nh 1/ 4 #1.

461C.3 Liability of owner holder limited. 1 1. Except as specifically recognized by or provided 2 in section 461C.6 , an owner a holder of land owes no 3 does not owe a duty of care to keep the premises safe 4 for entry or use by others for recreational purposes 5 or urban deer control, or to give any warning of a 6 dangerous condition, use, structure, or activity on 7 such premises to persons entering for such purposes. 8 2. Except as specifically recognized or provided 9 in section 461C.6, a holder of land does not owe a 10 duty of care to others because the holder is guiding, 11 directing, supervising, or participating in any 12 recreational purpose or urban deer control undertaken 13 by others on the holder’s land. 14 Sec. ___. Section 461C.4, Code 2013, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION . 2A. Assume a duty of care to 17 a person because the holder is guiding, directing, 18 supervising, or participating in any recreational 19 purpose or urban deer control undertaken by the person 20 on the holder’s land. 21 Sec. ___. Section 461C.5, Code 2013, is amended to 22 read as follows: 23 461C.5 Duties and liabilities of owner holder of 24 leased land. 25 Unless otherwise agreed in writing, the provisions 26 of sections 461C.3 and 461C.4 shall be deemed 27 applicable to the duties and liability of an owner a 28 holder of land leased, or any interest or right therein 29 transferred to, or the subject of any agreement with, 30 the United States or any agency thereof, or the state 31 or any agency or subdivision thereof, for recreational 32 purposes or urban deer control. 33 Sec. 6. Section 461C.6, Code 2013, is amended to 34 read as follows: 35 461C.6 When liability lies against owner holder . 36 Nothing in this chapter limits in any way any 37 liability which otherwise exists: 38 1. For willful or malicious failure to guard or 39 warn against a dangerous condition, use, structure, or 40 activity. 41 2. For injury suffered in any case where the owner 42 holder of land charges the person or persons who enter 43 or go on the land for the recreational use thereof or 44 for deer hunting, except that in the case of land or 45 any interest or right therein, leased or transferred 46 to, or the subject of any agreement with, the United 47 States or any agency thereof or the state or any agency 48 thereof or subdivision thereof, any consideration 49 received by the holder for such lease, interest, right 50 -2- SF452.1977 (2) 85 tm/nh 2/ 4

or agreement shall not be deemed a charge within the 1 meaning of this section . > 2 2. By renumbering as necessary. 3 ______________________________ KEN ROZENBOOM ______________________________ DAN ZUMBACH ______________________________ MICHAEL BREITBACH ______________________________ SANDRA H. GREINER ______________________________ DAVID JOHNSON ______________________________ JAKE CHAPMAN ______________________________ DENNIS GUTH ______________________________ JACK WHITVER ______________________________ NANCY J. BOETTGER ______________________________ HUBERT HOUSER ______________________________ RICK BERTRAND -3- SF452.1977 (2) 85 tm/nh 3/ 4 #2.

______________________________ BILL ANDERSON ______________________________ KENT SORENSON ______________________________ TIM L. KAPUCIAN ______________________________ MARK SEGEBART ______________________________ MARK CHELGREN ______________________________ JONI ERNST ______________________________ ROBY SMITH ______________________________ CHARLES SCHNEIDER -4- SF452.1977 (2) 85 tm/nh 4/ 4