Senate File 413 - Introduced SENATE FILE 413 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1232) A BILL FOR An Act related to the liability of a land holder for the public 1 use of private lands and waters. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2490SV (2) 85 av/nh

S.F. 413 Section 1. Section 461C.1, Code 2013, is amended to read as 1 follows: 2 461C.1 Purpose. 3 1. The purpose of this chapter is to encourage private 4 owners holders of land to make land and water areas available 5 to the public for recreational purposes and for urban deer 6 control by limiting an owner’s a holder’s liability toward 7 persons entering onto the owner’s holder’s property for such 8 purposes. The provisions of this chapter shall be construed 9 liberally and broadly in favor of private holders of land to 10 accomplish the purposes of this chapter. 11 2. The general assembly declares that the holding of Sallee 12 v. Stewart , (No. 11-0892) (Iowa 2013) is abrogated in its 13 entirety as contrary to the general assembly’s intent for the 14 construction of this chapter. 15 Sec. 2. Section 461C.2, subsections 3 and 5, Code 2013, are 16 amended to read as follows: 17 3. “Land” means private land located in a municipality 18 including abandoned or inactive surface mines , ; caves , and ; 19 land used for agricultural purposes , including ; marshlands, 20 timber, and grasslands ; and the privately owned roads, 21 water paths, trails, waters , water courses, private ways 22 and exteriors and interiors of buildings, structures , and 23 machinery , or equipment appurtenant thereto located on such 24 land . “Land” includes land that is not open to the general 25 public. 26 5. “Recreational purpose” means any activity undertaken 27 for recreation, sport, exercise, education, relaxation, or 28 pleasure, including but not limited to the following or any 29 combination thereof: Hunting, trapping, horseback riding, 30 fishing, swimming, boating, camping, picnicking, hiking, 31 pleasure driving, motorcycling, all-terrain vehicle riding, 32 nature study, water skiing, snowmobiling, other summer 33 and winter sports or games , and agricultural tours, and 34 viewing or enjoying historical, archaeological, scenic, or 35 -1- LSB 2490SV (2) 85 av/nh 1/ 4

S.F. 413 scientific sites while going to and from or actually engaged 1 therein . “Recreational purpose” includes the activity of 2 accompanying another person who is engaging in such activities. 3 “Recreational purpose” is not limited to active engagement in 4 such activities, but also includes entry onto, use of, passage 5 over, and presence on any part of the land in connection with 6 such activities. 7 Sec. 3. Section 461C.3, Code 2013, is amended to read as 8 follows: 9 461C.3 Liability of owner holder limited. 10 1. Except as specifically recognized by or provided in 11 section 461C.6 , an owner a holder of land owes no does not 12 owe a duty of care to keep the premises safe for entry or use 13 by others for recreational purposes or urban deer control, or 14 to give any warning of a dangerous condition, use, structure, 15 or activity on such premises to persons entering for such 16 purposes. 17 2. Except as specifically recognized or provided in section 18 461C.6, a holder of land does not owe a duty of care to others 19 because the holder is guiding, directing, supervising, or 20 participating in any recreational purpose or urban deer control 21 undertaken by others on the holder’s land. 22 Sec. 4. Section 461C.4, Code 2013, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 2A. Assume a duty of care to a person 25 because the holder is guiding, directing, supervising, or 26 participating in any recreational purpose or urban deer control 27 undertaken by the person on the holder’s land. 28 Sec. 5. Section 461C.5, Code 2013, is amended to read as 29 follows: 30 461C.5 Duties and liabilities of owner holder of leased land. 31 Unless otherwise agreed in writing, the provisions of 32 sections 461C.3 and 461C.4 shall be deemed applicable to the 33 duties and liability of an owner a holder of land leased, 34 or any interest or right therein transferred to, or the 35 -2- LSB 2490SV (2) 85 av/nh 2/ 4

S.F. 413 subject of any agreement with, the United States or any agency 1 thereof, or the state or any agency or subdivision thereof, for 2 recreational purposes or urban deer control. 3 Sec. 6. Section 461C.6, Code 2013, is amended to read as 4 follows: 5 461C.6 When liability lies against owner holder . 6 Nothing in this chapter limits in any way any liability which 7 otherwise exists: 8 1. For willful or malicious failure to guard or warn against 9 a dangerous condition, use, structure, or activity. 10 2. For injury suffered in any case where the owner holder of 11 land charges the person or persons who enter or go on the land 12 for the recreational use thereof or for deer hunting, except 13 that in the case of land or any interest or right therein, 14 leased or transferred to, or the subject of any agreement 15 with, the United States or any agency thereof or the state or 16 any agency thereof or subdivision thereof, any consideration 17 received by the holder for such lease, interest, right or 18 agreement shall not be deemed a charge within the meaning of 19 this section . 20 EXPLANATION 21 This bill relates to the public use of certain private 22 lands and waters. The bill provides that Code chapter 461C 23 shall be liberally and broadly construed in favor of private 24 holders of land to encourage them to make their land and water 25 areas available to the public for recreational purposes and for 26 urban deer control, by limiting the land holders’ liability to 27 persons who enter onto their land to pursue such activities. 28 The bill specifically abrogates the recent holding rendered 29 by the Iowa Supreme Court in Sallee v. Stewart, (No. 11-0892) 30 (Iowa 2013). In that case the Supreme Court hold that Code 31 chapter 461C did not limit the liability of a farmer when a 32 chaperone was injured on a school field trip to the farm. 33 The bill broadens the definition of what land and water areas 34 are included in such limitations of liability and provides that 35 -3- LSB 2490SV (2) 85 av/nh 3/ 4

S.F. 413 such land does not have to be open to the general public to be 1 subject to the protections of Code chapter 461C. 2 The bill also broadens the definition of what activities 3 constitute a “recreational purpose” by specifying additional 4 activities that are included and providing that the Code 5 chapter’s protections are not limited to the activities listed. 6 In addition, the bill provides that a person engages in a 7 recreational purpose by accompanying another person who is 8 engaged in a recreational purpose. “Recreational purpose” is 9 not limited to active engagement in the activities but also 10 includes entry onto, use of, passage over, and presence on any 11 part of the land in connection with such activities. 12 The bill provides that a holder of land does not owe or 13 assume a duty of care to others because the holder is guiding, 14 directing, supervising, or participating in any recreational 15 purpose or urban deer control undertaken by others on the 16 holder’s land. 17 -4- LSB 2490SV (2) 85 av/nh 4/ 4