House
File
2014
-
Introduced
HOUSE
FILE
2014
BY
WILLS
A
BILL
FOR
An
Act
relating
to
rafting
safety
regulations
and
including
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
462A.26A
Rafting
safety
regulations
1
——
special
event
permits.
2
1.
Definitions.
As
used
in
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Making
way”
means
vessel
movement
attributed
to
5
intentional
guided
motion.
6
b.
“Rafting”
means
the
anchoring,
tying,
fastening,
7
linking,
or
joining
of
any
combination
of
three
or
more
vessels
8
together.
9
c.
“Shoreline”
means
the
zone
of
contact
of
a
body
of
water
10
with
land
other
than
an
island
unless
the
island
is
located
11
within
three
hundred
yards
of
the
shoreline.
12
d.
“Underway”
means
not
anchored
or
moored
to
a
fixed
13
object.
14
e.
“Vessel”
means
every
type
of
watercraft
used
or
capable
15
of
being
used
as
a
means
of
transportation
or
habitation
on
the
16
water.
17
2.
Regulations
for
rafting.
18
a.
(1)
Rafting
of
three
to
ten
vessels
shall
be
conducted
19
at
least
one
hundred
yards
from
the
shoreline
of
a
public
body
20
of
water.
Such
vessels
shall
be
located
at
least
two
hundred
21
yards
from
any
other
vessel
or
group
of
vessels
that
are
tied
22
or
anchored
together.
23
(2)
Rafting
of
eleven
or
more
vessels
shall
be
conducted
at
24
least
three
hundred
yards
from
the
shoreline
of
a
public
body
25
of
water.
26
(3)
Two
vessels
may
be
tied
or
anchored
together
within
27
one
hundred
yards
of
the
shoreline
of
a
public
body
of
water,
28
but
such
vessels
must
be
located
at
least
fifty
yards
from
any
29
other
vessel
or
any
other
group
of
vessels
tied
or
anchored
30
together.
31
(4)
In
the
event
of
a
violation
of
this
paragraph
“a”
,
a
32
peace
officer
may
order
all
vessels
within
three
hundred
yards
33
of
the
shoreline
of
a
public
body
of
water
to
disperse
if
the
34
peace
officer
is
unable
to
determine
which
vessels
were
in
the
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area
first.
1
b.
(1)
Notwithstanding
paragraph
“a”
,
the
commission,
by
2
rules
adopted
pursuant
to
chapter
17A,
may
designate
areas
on
a
3
public
body
of
water
where
rafting
or
anchoring
is
prohibited
4
within
three
hundred
yards
from
the
shoreline
and
to
a
point
as
5
described
by
signage
installed
by
the
department.
All
vessels
6
in
such
a
designated
area
shall
be
underway
and
making
way
at
7
no
wake
speed
or
greater.
8
(2)
The
department
shall
place
signs
in
such
designated
9
areas
where
rafting
or
anchoring
is
prohibited
that
state
“NO
10
RAFTING
OR
ANCHORING
——
$500.00
FINE”.
11
3.
Special
event
permit.
12
a.
Notwithstanding
subsection
2,
the
commission
may,
by
13
rules
adopted
pursuant
to
chapter
17A,
provide
for
the
issuance
14
of
a
special
event
permit
that
allows
rafting
or
anchoring
in
15
an
area
where
rafting
or
anchoring
is
otherwise
prohibited.
16
b.
The
rules
shall
provide
that
issuance
of
a
special
event
17
permit
is
conditioned
on
an
assurance
by
the
permit
applicant
18
that
the
applicant
will
take
reasonable
care
to
ensure
that
19
persons
or
boaters
in
the
vicinity
of
the
event
will
not
be
20
subjected
to
unreasonably
loud
or
disturbing
noise,
that
event
21
participants
will
not
engage
in
any
disorderly
conduct,
and
22
that
any
islands
used
during
the
event
will
be
cleaned
up
after
23
the
event
ends.
24
c.
The
commission
may
deny
a
special
event
permit
25
application
if
the
applicant
was
previously
issued
a
special
26
event
permit
and
the
event
resulted
in
a
serious
complaint
from
27
a
person
or
boater
in
the
vicinity
of
the
event
or
a
response
to
28
the
event
by
a
peace
officer.
29
d.
The
rules
shall
require
that
an
application
for
a
special
30
event
permit
be
received
by
the
commission
in
writing
at
least
31
forty-five
days
before
the
event
and
be
accompanied
by
an
32
application
fee
of
fifty
dollars.
33
Sec.
2.
Section
805.8B,
subsection
1,
Code
2016,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
f.
For
rafting
safety
violations
under
1
section
462A.26A,
the
scheduled
fine
is
five
hundred
dollars.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
prohibits
the
rafting
of
vessels
within
specified
6
distances
from
the
shoreline
of
a
public
body
of
water.
7
“Rafting”
is
defined
to
mean
the
anchoring,
tying,
fastening,
8
linking,
or
joining
of
any
combination
of
three
or
more
vessels
9
together.
10
The
bill
allows
rafting
near
the
shoreline
of
a
public
11
body
of
water
under
the
following
circumstances:
rafting
of
12
three
to
10
vessels
shall
be
conducted
at
least
100
yards
13
from
the
shoreline
and
such
vessels
shall
be
located
at
least
14
200
yards
from
any
other
vessel
or
group
of
vessels
that
are
15
tied
or
anchored
together,
and
rafting
of
11
or
more
vessels
16
shall
be
conducted
at
least
300
yards
from
the
shoreline.
The
17
bill
also
provides
that
two
vessels
may
be
tied
or
anchored
18
together
within
100
yards
of
the
shoreline,
but
such
vessels
19
must
be
located
at
least
50
yards
from
any
other
vessel
or
any
20
other
group
of
vessels
tied
or
anchored
together.
If
these
21
provisions
are
violated,
a
peace
officer
may
order
all
vessels
22
within
300
yards
of
the
shoreline
to
disperse
if
the
peace
23
officer
is
unable
to
determine
which
vessels
were
in
the
area
24
first.
25
The
bill
allows
the
natural
resource
commission,
by
rules
26
adopted
pursuant
to
Code
chapter
17A,
to
designate
areas
within
27
300
feet
of
the
shoreline
of
a
public
body
of
water
within
28
which
rafting
or
anchoring
is
prohibited.
The
department
29
of
natural
resources
shall
post
signage
to
that
effect
30
which
states
that
there
is
a
$500
fine
for
violation
of
the
31
prohibition.
32
The
bill
also
allows
the
commission
to
issue
a
special
33
event
permit
allowing
rafting
or
anchoring
in
prohibited
areas
34
if
the
applicant
gives
assurance
that
the
applicant
will
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take
reasonable
care
that
persons
or
boaters
in
the
vicinity
1
of
the
event
will
not
be
subjected
to
unreasonably
loud
or
2
disturbing
noise,
that
event
participants
will
not
engage
in
3
any
disorderly
conduct,
and
that
any
islands
used
during
the
4
event
will
be
cleaned
up
after
the
event
ends.
An
application
5
for
a
permit
may
be
denied
if
the
applicant
has
previously
6
been
issued
a
permit
for
an
event
which
resulted
in
a
serious
7
complaint
from
a
person
or
boater
in
the
vicinity
of
the
event
8
or
a
response
to
the
event
from
a
peace
officer.
9
The
application
for
a
special
event
permit
must
be
submitted
10
in
writing,
as
prescribed
by
rule,
at
least
45
days
prior
to
11
the
event
and
accompanied
by
an
application
fee
of
$50.
12
A
violation
of
the
provisions
of
the
bill
is
punishable
with
13
a
scheduled
fine
of
$500.
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