House Study Bill 51 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON SODERBERG) A BILL FOR An Act applying criminal trespass provisions to public utility 1 property, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2001YC (2) 84 rn/nh

H.F. _____ Section 1. Section 716.7, subsection 2, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . f. Entering or remaining upon or in public 3 utility property without lawful authority or without the 4 consent of the public utility that owns, leases, or operates 5 the public utility property. This paragraph does not apply 6 to passage over public utility right-of-way by an unarmed 7 person if the person has not been notified or requested by 8 posted signage or other means to abstain from entering onto the 9 right-of-way or to vacate the right-of-way. 10 Sec. 2. Section 716.7, subsection 3, Code 2011, is amended 11 to read as follows: 12 3. The term “trespass” shall not mean entering upon the 13 property of another for the sole purpose of retrieving personal 14 property which has accidentally or inadvertently been thrown, 15 fallen, strayed, or blown onto the property of another, 16 provided that the person retrieving the property takes the most 17 direct and accessible route to and from the property to be 18 retrieved, quits the property as quickly as is possible, and 19 does not unduly interfere with the lawful use of the property. 20 This subsection does not apply to public utility property where 21 the person has been notified or requested by posted signage or 22 other means to abstain from entering. 23 Sec. 3. Section 716.7, Code 2011, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5A. For purposes of this section, 26 “public utility property” means any land, dwelling, building, 27 conveyance, vehicle, or other temporary or permanent structure 28 owned, leased, or operated by a public utility and that is 29 completely enclosed by a physical barrier of any kind. For the 30 purposes of this section, a “public utility” is a public utility 31 as defined in section 476.1 or an electric transmission line as 32 provided in chapter 478. 33 Sec. 4. Section 716.7, subsection 6, Code 2011, is amended 34 by adding the following new paragraphs: 35 -1- LSB 2001YC (2) 84 rn/nh 1/ 3

H.F. _____ NEW PARAGRAPH . d. Representatives of the Iowa utilities 1 board, the federal energy regulatory commission, or the federal 2 communications commission who enter or remain upon or in public 3 utility property while engaged in the performance of official 4 duties. 5 NEW PARAGRAPH . e. Employees of a public utility who enter 6 or remain upon or in public utility property while acting in 7 the course of employment. 8 Sec. 5. Section 716.8, subsection 2, Code 2011, is amended 9 to read as follows: 10 2. Any person committing a trespass as defined in section 11 716.7 , other than a trespass as defined in section 716.7, 12 subsection 2, paragraph “f” , which results in injury to any 13 person or damage in an amount more than two hundred dollars 14 to anything, animate or inanimate, located thereon or therein 15 commits a serious misdemeanor. 16 Sec. 6. Section 716.8, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 6. Any person who commits a trespass as 19 defined in section 716.7, subsection 2, paragraph “f” , commits a 20 class “D” felony. 21 EXPLANATION 22 This bill incorporates trespassing onto public utility 23 property into the definition of “trespass” provided in Code 24 section 716.7. 25 The bill defines “public utility property” as any land, 26 dwelling, building, conveyance, vehicle, or other temporary 27 or permanent structure owned, leased, or operated by a public 28 utility and that is completely enclosed by a physical barrier 29 of any kind. The bill defines a “public utility” to include a 30 public utility as defined in Code section 476.1, which would 31 include furnishing gas, electricity, communications services, 32 or water to the public for compensation, and an electric 33 transmission line as provided in Code chapter 478. 34 The bill provides that the term “trespass” includes entering 35 -2- LSB 2001YC (2) 84 rn/nh 2/ 3

H.F. _____ or remaining upon or in public utility property without lawful 1 authority or without the consent of the public utility. The 2 bill provides an exception for passage over a public utility 3 right-of-way by an unarmed person if the person has not been 4 notified or requested by posted signage or other means to 5 abstain from entering onto the right-of-way or to vacate the 6 right-of-way. Similar provisions are contained in Code section 7 716.7 with regard to railway property. 8 The bill provides that an exception to the term “trespass” 9 for entering upon the property of another for the sole purpose 10 of retrieving personal property under specified circumstances 11 shall not apply to public utility property where the person has 12 been notified or requested by posted signage or other means to 13 abstain from entering. 14 The bill adds the Iowa utilities board, the federal energy 15 regulatory commission, the federal communications commission, 16 and public utility employees, when acting in the course of 17 their official duties, to a list of entities and individuals to 18 whom the trespass provisions do not apply. 19 The bill provides that any person who violates the bill’s 20 provisions commits a class “D” felony. A class “D” felony is 21 punishable by confinement for no more than five years and a 22 fine of at least $750 but not more than $7,500. 23 -3- LSB 2001YC (2) 84 rn/nh 3/ 3