Senate Amendment to House File 69 H-1340 Amend House File 69, as amended, passed, and reprinted by the 1 House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < Section 1. Section 716.7, Code 2017, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 4. A person has received notice to abstain 6 from entering or remaining upon or in property within the 7 meaning of subsection 2 if any of the following is applicable: 8 a. The person has been notified to abstain from entering or 9 remaining upon or in property personally, either orally or in 10 writing, including by a valid court order under chapter 236. 11 b. A printed or written notice forbidding such entry has 12 been conspicuously posted or exhibited at the main entrance to 13 the property or the forbidden part of the property. 14 c. Identifying purple marks or caps have been placed on 15 trees or posts around the area where entry is forbidden. Each 16 purple mark must be either of the following: 17 (1) A vertical line of at least eight inches in length and 18 the bottom of the mark must be no less than three feet and 19 no more than five feet above the ground. Such marks must be 20 placed no more than one hundred feet apart and must be readily 21 visible to any person approaching the property. 22 (2) A fence post capped or otherwise marked on at least the 23 post’s top two inches. The bottom of the cap or mark must be 24 no less than three feet and no more than five feet, six inches 25 above the ground. Posts so capped or marked must be placed no 26 more than thirty-six feet apart and must be readily visible 27 to any person approaching the property. Prior to applying a 28 cap or mark which is visible from both sides of a fence shared 29 by different property owners, lessee, or others in lawful 30 possession, all such owners, lessees, or others in lawful 31 possession shall concur in the decision to apply a cap or mark 32 to the fence. 33 d. Paragraph “c” shall not be construed to authorize an 34 owner, lessee, or other person in lawful possession of any 35 -1- HF69.2287.S (1) 87 jh 1/ 3 #1.

property to place any purple marks or caps on any tree or post 1 or to install any post or fence if doing so would violate 2 any applicable law, rule, ordinance, order, covenant, bylaw, 3 declaration, regulation, restriction, or instrument. 4 e. Paragraph “c” does not apply to real property located in 5 a city with a population of more than sixty thousand. 6 f. Prior to July 1, 2019, notice provided by the method 7 described in paragraph “c” is not effective unless notice is 8 also provided by a method described in paragraph “a” or “b” . 9 This paragraph “f” is repealed July 1, 2019. > 10 2. Page 1, line 8, after < 11 . > by inserting < A peace 11 officer shall consider arresting and may arrest the person 12 under section 805.9, subsection 3, paragraph “c” , if the person 13 refuses to leave the property after receiving a citation or 14 immediately returns to the property after receiving a citation, 15 or may arrest the person as otherwise provided under law. > 16 3. Page 1, line 13, after < 11 . > by inserting < A peace 17 officer shall consider arresting and may arrest the person 18 under section 805.9, subsection 3, paragraph “c” , if the person 19 refuses to leave the property after receiving a citation or 20 immediately returns to the property after receiving a citation, 21 or may arrest the person as otherwise provided under law. > 22 4. Page 1, after line 28 by inserting: 23 < Sec. ___. DISSEMINATION OF INFORMATION REGARDING 24 MARKING PROCEDURES. The departments of agriculture and land 25 stewardship and natural resources shall conduct an information 26 campaign for the public concerning the implementation and 27 interpretation of section 716.7, subsection 4, paragraph 28 “c”. The information shall inform the public about the 29 marking requirements, including information regarding the size 30 requirements of the markings as well as the manner in which 31 the markings must be placed. The departments of agriculture 32 and land stewardship and natural resources shall also include 33 information that, prior to July 1, 2019, any owner, lessee, or 34 other person in lawful possession who chooses to place purple 35 -2- HF69.2287.S (1) 87 jh 2/ 3 #2. #3. #4.

markings or caps on such person’s property, must also comply 1 with one of the other notice requirements listed in section 2 716.7, subsection 4. The departments of agriculture and land 3 stewardship and natural resources may prepare a brochure, 4 disseminate the information through agency internet sites, or 5 collaborate with nongovernmental organizations to assist in the 6 dissemination of the information. > 7 5. Title page, line 1, after < Act > by inserting < relating 8 to criminal trespass, > 9 6. Title page, line 1, after < trespassing > by inserting < , 10 and including applicability provisions > 11 7. By renumbering as necessary. 12 -3- HF69.2287.S (1) 87 jh 3/ 3 #5. #6.