H.F. 331 Section 1. Section 716.7, Code 2015, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 4. A person has received notice to abstain 3 from entering or remaining upon or in property within the 4 meaning of subsection 2 if any of the following is applicable: 5 a. The person has been notified to abstain from entering or 6 remaining upon or in property personally, either orally or in 7 writing, including by a valid court order under chapter 236. 8 b. A printed or written notice forbidding such entry has 9 been conspicuously posted or exhibited at the main entrance to 10 the property or the forbidden part of the property. 11 c. Identifying purple marks or caps have been placed on 12 trees or posts around the area where entry is forbidden. Each 13 purple mark must be either of the following: 14 (1) A vertical line of at least eight inches in length and 15 the bottom of the mark must be no less than three feet and 16 no more than five feet above the ground. Such marks must be 17 placed no more than one hundred feet apart and must be readily 18 visible to any person approaching the property. 19 (2) A fence post capped or otherwise marked on at least the 20 post’s top two inches. The bottom of the cap or mark must be 21 no less than three feet and no more than five feet, six inches 22 above the ground. Posts so capped or marked must be placed no 23 more than thirty-six feet apart and must be readily visible 24 to any person approaching the property. Prior to applying a 25 cap or mark which is visible from both sides of a fence shared 26 by different property owners, lessee, or others in lawful 27 possession, all such owners, lessees, or others in lawful 28 possession shall concur in the decision to apply a cap or mark 29 to the fence. 30 NEW SUBSECTION . 5. Subsection 4 shall not be construed 31 to authorize an owner, lessee, or other person in lawful 32 possession of any property to place any purple marks or caps 33 on any tree or post or to install any post or fence if doing 34 so would violate any applicable law, rule, ordinance, order, 35 -1- LSB 1966YH (2) 86 jh/rj 1/ 3

H.F. 331 covenant, bylaw, declaration, regulation, restriction, or 1 instrument. 2 Sec. 2. DISSEMINATION OF INFORMATION REGARDING MARKING 3 PROCEDURES. The departments of agriculture and land 4 stewardship and natural resources shall conduct an information 5 campaign for the public concerning the implementation and 6 interpretation of section 716.7, subsection 4, paragraph 7 “c”. The information shall inform the public about the 8 marking requirements, including information regarding the size 9 requirements of the markings as well as the manner in which 10 the markings must be placed. The departments of agriculture 11 and land stewardship and natural resources shall also include 12 information that, prior to January 1, 2017, any owner, lessee, 13 or other person in lawful possession who chooses to place 14 purple markings or caps on such person’s property, must also 15 comply with one of the other notice requirements listed in 16 section 716.7, subsection 4. The departments of agriculture 17 and land stewardship and natural resources may prepare a 18 brochure, disseminate the information through agency internet 19 sites, or collaborate with nongovernmental organizations to 20 assist in the dissemination of the information. 21 Sec. 3. APPLICABILITY. Section 716.7, subsection 4, 22 paragraph “c”, as enacted in this Act, applies only to acts 23 which occur on or after January 1, 2017. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to notice to persons that entry in or 28 on real estate is trespassing and provides an applicability 29 provision. 30 Under current law, criminal trespass includes entering or 31 remaining upon or in property without justification after being 32 notified or requested to abstain from entering or to vacate the 33 property. 34 The bill provides that a person has received notice to 35 -2- LSB 1966YH (2) 86 jh/rj 2/ 3

H.F. 331 abstain from entering or to vacate the property if the person 1 has been notified to abstain from entering or remaining upon or 2 in property personally, either orally or in writing, including 3 by a valid court order under Code chapter 236 (domestic abuse); 4 if a printed or written notice forbidding such entry has been 5 conspicuously posted or exhibited at the main entrance to 6 the property or the forbidden part of the property; or if 7 identifying purple marks or caps have been placed on trees 8 or posts around the area where entry is forbidden. The bill 9 specifies the requirements for using purple marks or caps on 10 trees or posts, including the size, location, and placement of 11 the purple marks or caps. 12 The bill provides that placing purple marks or caps on trees 13 or posts does not constitute notice until January 1, 2017. 14 Entering a property so marked or capped after that date could 15 result in a criminal trespass charge. 16 The bill does not authorize an owner, lessee, or other person 17 in lawful possession of any property to place any purple marks 18 or caps on any tree or post or to install any post or fence if 19 doing so would violate any applicable law, rule, ordinance, 20 order, covenant, bylaw, declaration, regulation, restriction, 21 or instrument. 22 The bill directs the departments of agriculture and land 23 stewardship and natural resources to inform the general public 24 of the purple marking requirements, including information 25 regarding the size requirements of the markings as well as the 26 manner in which the markings must be placed. The bill provides 27 that the departments of agriculture and land stewardship and 28 natural resources may prepare a brochure, disseminate the 29 information through agency internet sites, or collaborate 30 with nongovernmental organizations to help disseminate the 31 information. 32 -3- LSB 1966YH (2) 86 jh/rj 3/ 3