Senate File 2292 S-5024 Amend Senate File 2292 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 462A.17A Common interest 4 communities —— regulation of watercraft on public lakes. 5 1. As used in this section: 6 a. “Bylaws” means the same as defined in section 499C.1. 7 b. “Common interest community” means the same as defined in 8 section 499C.1. 9 c. “Public lake” means any lake located within the 10 boundaries of this state that is a navigable body of water and 11 that is lawfully accessible by the general public. 12 d. “Rule” means the same as defined in section 499C.1. 13 e. “Unit” means the same as defined in section 499C.1. 14 f. “Unit owner” means the same as defined in section 499C.1. 15 2. Notwithstanding any law to the contrary, a common 16 interest community with one thousand or more units that is 17 adjacent to or abutting in part a public lake may establish 18 policies in the common interest community’s bylaws or rules 19 regarding the operation of watercraft, including but not 20 limited to equipment specifications. The authority granted to 21 a common interest community under this subsection shall only 22 apply to unit owners and unit owners’ guests. 23 3. Notwithstanding section 462A.32, a common interest 24 community may communicate the common interest community’s 25 policies established under subsection 2 through the use of 26 private buoys and other safety-related installations until 27 the date the commission adopts rules regulating buoys and 28 other safety-related installations for the public lake that is 29 adjacent to or abuts the common interest community described in 30 subsection 2. 31 4. The natural resource commission shall adopt rules 32 pursuant to chapter 17A to administer this section. 33 Sec. 2. NEW SECTION . 462A.17B Nonprofit corporations —— 34 regulation of watercraft on public lakes. 35 -1- SF 2292.3204 (1) 90 cm/ko 1/ 3 #1.
1. As used in this section: 1 a. “Association” means a nonprofit corporation incorporated 2 under chapter 504, named as an association, and that manages a 3 community with one thousand or more units that is located on a 4 subdivision that is adjacent to or abuts a public lake. 5 b. “Bylaws” means the same as defined in section 504.141. 6 c. “Member” means a person who is a record lot owner of the 7 association. 8 d. “Public lake” means any lake located within the 9 boundaries of this state that is a navigable body of water and 10 that is lawfully accessible by the general public. 11 e. “Rules and regulations” means the rules and regulations 12 adopted by the association’s board of directors as authorized 13 by the bylaws of the association. 14 f. “Unit” means a dwelling unit designated for separate 15 ownership or occupancy or as otherwise defined in the statute 16 under which the association is organized. 17 2. Notwithstanding any law to the contrary, an association 18 may establish policies in the association’s rules and 19 regulations regarding the operation of watercraft, including 20 but not limited to equipment specifications. The authority 21 granted to an association under this subsection shall only 22 apply to the association’s members and the association’s 23 members’ guests. 24 3. Notwithstanding section 462A.32, an association may 25 communicate the association’s policies established under 26 subsection 2 through the use of private buoys and other 27 safety-related installations until the date the commission 28 adopts rules regulating buoys and other safety-related 29 installations for the public lake that is adjacent to or abuts 30 the association. 31 4. The natural resource commission shall adopt rules 32 pursuant to chapter 17A to administer this section. 33 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. > 35 -2- SF 2292.3204 (1) 90 cm/ko 2/ 3
2. Title page, by striking lines 1 through 3 and 1 inserting < An Act relating to regulation of watercraft and 2 equipment on public lakes by common interest communities and 3 certain nonprofit corporations, and including effective date 4 provisions. > 5 ______________________________ CARRIE KOELKER -3- SF 2292.3204 (1) 90 cm/ko 3/ 3 #2.