H-1340

   Amend House File 69, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, before line 1 by inserting: 
   Section 1.  Section 716.7, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person has received notice to abstain from entering or remaining upon or in property within the meaning of subsection 2 if any of the following is applicable:
   a.  The person has been notified to abstain from entering or remaining upon or in property personally, either orally or in writing, including by a valid court order under chapter 236.
   b.  A printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to the property or the forbidden part of the property.
   c.  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:
   (1)  A vertical line 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.
   (2)  A fence post capped or otherwise marked on at least the post’s top two inches. The bottom of the cap or mark must be no less than three feet and no more than five feet, six inches above the ground. Posts so capped or marked must be placed no more than thirty-six feet apart and must be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners, lessee, or others in lawful possession, all such owners, lessees, or others in lawful possession shall concur in the decision to apply a cap or mark to the fence.
   d.  Paragraph “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, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, or instrument.
   e.  Paragraph “c” does not apply to real property located in a city with a population of more than sixty thousand.
   f.  Prior to July 1, 2019, notice provided by the method described in paragraph “c” is not effective unless notice is also provided by a method described in paragraph “a” or “b”. This paragraph “f” is repealed July 1, 2019.>
   2.  Page 1, line 8, after <11.> by inserting <A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.>
   3.  Page 1, line 13, after <11.> by inserting <A peace officer shall consider arresting and may arrest the person under section 805.9, subsection 3, paragraph “c”, if the person refuses to leave the property after receiving a citation or immediately returns to the property after receiving a citation, or may arrest the person as otherwise provided under law.>
   4.  Page 1, after line 28 by inserting: 
   <Sec. ___.  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 4, paragraph “c”. The information 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 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 also comply with one of the other notice requirements listed in section 716.7, subsection 4. 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.>
   5.  Title page, line 1, after <Act> by inserting <relating to criminal trespass,>
   6.  Title page, line 1, after <trespassing> by inserting <, and including applicability provisions>
   7.  By renumbering as necessary.