House File 2236 - Introduced HOUSE FILE 2236 BY WORTHAN A BILL FOR An Act relating to the liability of a private land holder 1 for the public use of private lands and waters for a 2 noncommercial aviation purpose. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5808YH (2) 85 rh/rj

H.F. 2236 Section 1. Section 461C.1, Code 2014, is amended to read as 1 follows: 2 461C.1 Purpose. 3 The purpose of this chapter is to encourage private holders 4 of land to make land and water areas available to the public 5 for a recreational purpose , and for urban deer control , and 6 for a noncommercial aviation purpose by limiting a holder’s 7 liability toward persons entering onto the holder’s property 8 for such purposes. The provisions of this chapter shall be 9 construed liberally and broadly in favor of private holders of 10 land to accomplish the purposes of this chapter . 11 Sec. 2. Section 461C.2, Code 2014, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4A. “Noncommercial aviation purpose” means 14 the use of an aircraft on privately owned land or water when 15 the use is not for the transportation of persons or property 16 for compensation or hire. 17 Sec. 3. Section 461C.3, Code 2014, is amended to read as 18 follows: 19 461C.3 Liability of holder limited. 20 1. Except as specifically recognized by or provided in 21 section 461C.6 , a holder of land does not owe a duty of care 22 to keep the premises safe for entry or use by others for a 23 recreational purpose , or urban deer control, or a noncommercial 24 aviation purpose, or to give any warning of a dangerous 25 condition, use, structure, or activity on such premises to 26 persons entering for such purposes. 27 2. Except as specifically recognized by or provided in 28 section 461C.6 , a holder of land does not owe a duty of care 29 to others solely because the holder is guiding, directing, 30 supervising, or participating in any recreational purpose , 31 or urban deer control , or a noncommercial aviation purpose 32 undertaken by others on the holder’s land. 33 Sec. 4. Section 461C.4, unnumbered paragraph 1, Code 2014, 34 is amended to read as follows: 35 -1- LSB 5808YH (2) 85 rh/rj 1/ 3

H.F. 2236 Except as specifically recognized by or provided in section 1 461C.6 , a holder of land who either directly or indirectly 2 invites or permits without charge any person to use such 3 property for a recreational purpose , or urban deer control , or 4 a noncommercial aviation purpose does not thereby: 5 Sec. 5. Section 461C.4, subsection 3, Code 2014, is amended 6 to read as follows: 7 3. Assume a duty of care to such person solely because the 8 holder is guiding, directing, supervising, or participating 9 in any recreational purpose , or urban deer control , or 10 noncommercial aviation purpose undertaken by the person on the 11 holder’s land. 12 Sec. 6. Section 461C.5, Code 2014, is amended to read as 13 follows: 14 461C.5 Duties and liabilities of holder of leased land. 15 Unless otherwise agreed in writing, the provisions of 16 sections 461C.3 and 461C.4 shall be deemed applicable to 17 the duties and liability of a holder of land leased, or any 18 interest or right therein transferred to, or the subject of any 19 agreement with, the United States or any agency thereof, or the 20 state or any agency or subdivision thereof, for a recreational 21 purpose , or urban deer control , or a noncommercial aviation 22 purpose . 23 Sec. 7. Section 461C.6, subsection 2, Code 2014, is amended 24 to read as follows: 25 2. For injury suffered in any case where the holder of land 26 charges the person or persons who enter or go on the land for 27 the recreational use thereof , or for deer hunting, or for a 28 noncommercial aviation use thereof except that in the case of 29 land or any interest or right therein, leased or transferred 30 to, or the subject of any agreement with, the United States 31 or any agency thereof or the state or any agency thereof or 32 subdivision thereof, any consideration received by the holder 33 for such lease, interest, right, or agreement shall not be 34 deemed a charge within the meaning of this section . 35 -2- LSB 5808YH (2) 85 rh/rj 2/ 3

H.F. 2236 Sec. 8. Section 461C.7, subsection 2, Code 2014, is amended 1 to read as follows: 2 2. Relieve any person using the land of another for 3 a recreational purpose , or urban deer control , or for a 4 noncommercial aviation purpose from any obligation which the 5 person may have in the absence of this chapter to exercise care 6 in the use of such land and in the person’s activities thereon, 7 or from the legal consequences of failure to employ such care. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the liability of a private land 12 holder for the public use of private lands and waters for a 13 noncommercial aviation purpose. 14 Code chapter 461C (public use of private lands and waters) 15 provides that a holder of land does not owe a duty of care 16 to keep the premises safe for entry or use by others for a 17 recreational purpose or for urban deer control, or to give any 18 warning of a dangerous condition, use, structure, or activity 19 on such premises to persons entering for such purposes. In 20 addition, a holder of land does not owe a duty of care to others 21 solely because the holder is guiding, directing, supervising, 22 or participating in a recreational purpose or urban deer 23 control undertaken by others on the holder’s land. The law 24 does not apply to a willful or malicious failure to guard or 25 warn against a dangerous condition, use, structure, or activity 26 and for injuries suffered where the holder charges the person 27 to participate in the recreational use or for deer hunting. 28 The bill expands the limitation on the liability of private 29 land holders for the public use of private lands and waters to 30 a “noncommercial aviation purpose” defined as the use of an 31 aircraft on privately owned land or water when the use is not 32 for the transportation of persons or property for compensation 33 or hire. 34 -3- LSB 5808YH (2) 85 rh/rj 3/ 3