Senate Study Bill 1232 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN) 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 2490XC (2) 85 av/nh

S.F. _____ Section 1. Section 461C.1, Code 2013, is amended to read as 1 follows: 2 461C.1 Purpose. 3 The purpose of this chapter is to encourage private owners 4 holders of land to make land and water areas available to the 5 public for recreational purposes and for urban deer control 6 by limiting an owner’s a holder’s liability toward persons 7 entering onto the owner’s holder’s property for such purposes. 8 The provisions of this chapter shall be construed liberally and 9 broadly in favor of private holders of land to accomplish the 10 purposes of this chapter. 11 Sec. 2. Section 461C.2, subsections 3 and 5, Code 2013, are 12 amended to read as follows: 13 3. “Land” means private land located in a municipality 14 including abandoned or inactive surface mines , ; caves , and ; 15 land used for agricultural purposes , including ; marshlands, 16 timber, and grasslands ; and the privately owned roads, 17 water paths, trails, waters , water courses, private ways 18 and exteriors and interiors of buildings, structures , and 19 machinery , or equipment appurtenant thereto located on such 20 land . “Land” includes land that is not open to the general 21 public. 22 5. “Recreational purpose” means any activity undertaken 23 for recreation, sport, exercise, education, relaxation, or 24 pleasure, including but not limited to the following or any 25 combination thereof: Hunting, trapping, horseback riding, 26 fishing, swimming, boating, camping, picnicking, hiking, 27 pleasure driving, motorcycling, all-terrain vehicle riding, 28 nature study, water skiing, snowmobiling, other summer 29 and winter sports or games , and agricultural tours, and 30 viewing or enjoying historical, archaeological, scenic, or 31 scientific sites while going to and from or actually engaged 32 therein . “Recreational purpose” includes the activity of 33 accompanying another person who is engaging in such activities. 34 “Recreational purpose” is not limited to active engagement in 35 -1- LSB 2490XC (2) 85 av/nh 1/ 4

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

S.F. _____ follows: 1 461C.6 When liability lies against owner holder . 2 Nothing in this chapter limits in any way any liability which 3 otherwise exists: 4 1. For willful or malicious failure to guard or warn against 5 a dangerous condition, use, structure, or activity. 6 2. For injury suffered in any case where the owner holder of 7 land charges the person or persons who enter or go on the land 8 for the recreational use thereof or for deer hunting, except 9 that in the case of land or any interest or right therein, 10 leased or transferred to, or the subject of any agreement 11 with, the United States or any agency thereof or the state or 12 any agency thereof or subdivision thereof, any consideration 13 received by the holder for such lease, interest, right or 14 agreement shall not be deemed a charge within the meaning of 15 this section . 16 EXPLANATION 17 This bill relates to the public use of certain private 18 lands and waters. The bill provides that Code chapter 461C 19 shall be liberally and broadly construed in favor of private 20 holders of land to encourage them to make their land and water 21 areas available to the public for recreational purposes and for 22 urban deer control, by limiting the land holders’ liability to 23 persons who enter onto their land to pursue such activities. 24 The bill broadens the definition of what land and water areas 25 are included in such limitations of liability and provides that 26 such land does not have to be open to the general public to be 27 subject to the protections of Code chapter 461C. 28 The bill also broadens the definition of what activities 29 constitute a “recreational purpose” by specifying additional 30 activities that are included and providing that the Code 31 chapter’s protections are not limited to the activities listed. 32 In addition, the bill provides that a person engages in a 33 recreational purpose by accompanying another person who is 34 engaged in a recreational purpose. “Recreational purpose” is 35 -3- LSB 2490XC (2) 85 av/nh 3/ 4

S.F. _____ not limited to active engagement in the activities but also 1 includes entry onto, use of, passage over, and presence on any 2 part of the land in connection with such activities. 3 The bill provides that a holder of land does not owe or 4 assume a duty of care to others because the holder is guiding, 5 directing, supervising, or participating in any recreational 6 purpose or urban deer control undertaken by others on the 7 holder’s land. 8 -4- LSB 2490XC (2) 85 av/nh 4/ 4