H.F. 2183 Section 1. Section 461C.2, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. “Educational activities” means any 3 activity undertaken as part of a formal or informal educational 4 program. 5 Sec. 2. NEW SECTION . 461C.6A Pleading —— affirmative 6 defenses. 7 1. A cause of action, the defense of which may lie within 8 this chapter, shall affirmatively plead that there is no 9 limitation of liability under this chapter. 10 2. An answer to a cause of action, the defense of which may 11 lie within this chapter, shall affirmatively plead as a defense 12 that there is a limitation of liability under this chapter. 13 Sec. 3. NEW SECTION . 461C.6B Required joinder. 14 1. Except as otherwise provided by law, any cause of action, 15 the defense of which may lie within this chapter, shall join as 16 defendants all holders of the land on which the cause of action 17 is alleged to have arisen. 18 2. If the cause of action does not join all holders of the 19 land on which the cause of action is alleged to have arisen, 20 the court, upon motion or on its own initiative, shall do one 21 of the following: 22 a. Dismiss the action. 23 b. Join the required holders and assess the costs of such 24 joinder against the plaintiff. 25 Sec. 4. NEW SECTION . 461C.6C Presumptions and burden of 26 proof. 27 1. If a holder of land affirmatively pleads as a defense 28 to a cause of action that there is a limitation of liability 29 under this chapter, there is a presumption that this chapter 30 is applicable to the cause of action pled. The burden of proof 31 is on the plaintiff to rebut this presumption based on clear 32 and convincing evidence. 33 2. The fact that a holder of land possesses a policy of 34 insurance on the land on which the cause of action is alleged 35 -1- LSB 5179YH (2) 86 av/sc 1/ 3

H.F. 2183 to have arisen, which insurance protects the holder from 1 liability to persons engaging in recreational activities and 2 urban deer control on that land, shall not constitute evidence 3 that the provisions of this chapter are not applicable and 4 shall not be introduced as evidence of control over the land. 5 Sec. 5. NEW SECTION . 461C.6D Dismissal —— costs. 6 1. The court may, at any time during the course of 7 litigation of a cause of action, upon motion or on the court’s 8 own initiative, determine that the subject matter of the cause 9 of action is subject to the provisions of this chapter and 10 that there is no claim upon which relief can be granted. Upon 11 making such a determination, the case shall be dismissed with a 12 statement from the court stating the reasons for the dismissal. 13 2. If a case is dismissed as provided in subsection 1, the 14 court shall also make a timely finding of whether the cause 15 of action was brought for frivolous, malicious, willful, or 16 groundless reasons or purposes. If such a finding is made, the 17 court shall do both of the following: 18 a. Award the defendant reasonable costs of litigation, 19 including attorney fees. 20 b. Charge the plaintiff or the plaintiff’s attorney with 21 any other penalty that may be charged upon such a finding, as 22 prescribed by the laws of this state. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to litigation involving the public use 27 of private lands and waters. Code chapter 461C limits the 28 liability of certain holders of private lands and waters 29 to members of the public who enter onto such lands for 30 recreational purposes and for urban deer control. The bill 31 amends Code chapter 461C to define “educational activities” 32 that are included as recreational purposes under current Code 33 chapter 461C. 34 The bill requires a cause of action which may involve a 35 -2- LSB 5179YH (2) 86 av/sc 2/ 3

H.F. 2183 defense that liability is limited under Code chapter 461C 1 to affirmatively plead that the chapter is not applicable. 2 The bill also requires the answer to such a cause of action 3 to affirmatively plead as a defense that the chapter is 4 applicable. 5 The bill requires that a cause of action which may be 6 limited by Code chapter 461C must join all holders of the land 7 on which the cause of action is alleged to have arisen. If 8 the plaintiff does not include the required joinder of such 9 defendants, the court may dismiss the action or join the 10 required holders and assess the costs of that joinder to the 11 plaintiff. 12 The bill provides that if a holder of land affirmatively 13 pleads as a defense that the plaintiff’s liability is limited 14 under Code chapter 461C, there is a presumption that this 15 limitation is applicable. The burden of proof is on the 16 plaintiff to rebut this presumption based on clear and 17 convincing evidence. The fact that a holder of land has an 18 insurance policy on the land protecting the holder against 19 liability to persons engaging in recreational activities and 20 urban deer control on that land is not evidence that Code 21 chapter 461C is not applicable and cannot be introduced as 22 evidence of control over the land. 23 The bill provides that a court may determine at any time 24 during litigation of a cause of action that Code chapter 461C 25 applies and that there is no claim upon which relief can be 26 granted and may dismiss the case. If the case is dismissed, 27 the court must make a timely finding of whether the case 28 was brought for frivolous, malicious, willful, or groundless 29 reasons or purposes. If so, the court shall award the 30 defendant reasonable costs of litigation, including attorney 31 fees, and charge the plaintiff or the plaintiff’s attorney with 32 any other penalty prescribed by law that may be charged upon 33 such a finding. 34 -3- LSB 5179YH (2) 86 av/sc 3/ 3