SF 2101 (LSB 5000SV (2) 87)

SENATE FILE 2101

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 2002)

A BILL FOR

An Act relating to purple marks or caps on top of trees or posts to indicate that unlawful entry constitutes criminal trespass and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 716.7, subsection 2, paragraph a, subparagraph (2), Code 2018, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (c)  (i)  Identifying purple marks or caps have been placed on trees or posts around the area where entry is forbidden. Each purple mark must be either of the following:
   (A)  A vertical line on a tree of at least eight inches in length and the bottom of the mark must be no less than three feet and no more than five feet above the ground. Such marks must be placed no more than one hundred feet apart and must be readily visible to any person approaching the property.
   (B)  A fence post capped or otherwise marked on at least the post’s top two inches. The bottom of the cap or mark must be no less than three feet and no more than five feet, six inches above the ground. Posts so capped or marked must be placed no more than thirty-six feet apart and must be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from and could reasonably be construed to apply to property on both sides of a fence shared by different property owners, lessees, or others in lawful possession, all such owners, lessees, or others in lawful possession shall concur in the decision to apply a cap or mark to the fence.
   (ii)  (A)  This subparagraph division (c) shall not be construed to authorize an owner, lessee, or other person in lawful possession of any property to place any purple marks or caps on any tree or post or to install any post or fence if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, or instrument.
   (B)  This subparagraph division (c) does not apply to real property located in a city.
   (C)  This subparagraph division (c) does not apply to the persons described in section 716.7, subsection 3, paragraphs “a” through “e”.
   (D)  Prior to July 1, 2019, notice provided by the method described in this subparagraph division (c) is not valid or enforcable. This subparagraph part is repealed July 1, 2023.
    Sec. 2.  DISSEMINATION OF INFORMATION REGARDING MARKING PROCEDURES.  The departments of agriculture and land stewardship and natural resources shall conduct an information campaign for the public concerning the implementation and interpretation of section 716.7, subsection 2, paragraph “a”, subparagraph (2), subparagraph division (c). The information provided shall inform the public about the marking requirements, including information regarding the size requirements of the markings as well as the manner in which the markings must be placed. The departments of agriculture and land stewardship and natural resources shall also include information in the campaign that, prior to July 1, 2019, any owner, lessee, or other person in lawful possession who chooses to place purple markings or caps on such person’s property, must comply with one of the other notice requirements listed in section 716.7, subsection 2, paragraph “a”, subparagraph (2), to meet the definition of trespass. The departments of agriculture and land stewardship and natural resources may prepare a brochure, disseminate the information through agency internet sites, or collaborate with nongovernmental organizations to assist in the dissemination of the information.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to notice that entry in or on property is trespassing.
   Under current law, criminal trespass includes entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to vacate the property. Current notification methods include personal notice, orally or in writing, and posting a printed or written notice.
   The bill establishes a new method for property owners, lessees, and other lawful possessors to provide notice that entry onto the property without permission constitutes criminal trespass. Specifically, proposed new Code section 716.7(2)(a)(2)(c) indicates that purple marks or caps on trees or posts around an area serves as notice that entry without permission into that area constitutes criminal trespass. This new method of notification of trespass is an independent alternative to preexisting, codified methods of notification in Code section 716.7(2)(a)(2).
    The bill does not apply to certain employees entering onto property to perform certain work. The persons defined in Code section 716.7(3)(a)-(e) do not commit trespass when they enter upon such property to perform defined work. 
   The bill specifies the size requirements of the marks and caps and when they may be used. Marks and caps shall not be used and posts shall not be installed if doing so would violate any law or lawful agreement. Additionally, this method shall not be used in a city. 
   The marks on trees must consist of at least an eight-inch vertical line that is above the ground at between three feet and five feet. Additionally, the marks must be no more than 100 feet apart and they must be readily visible to a person approaching the property. 
   Purple caps on fence posts must meet the following requirements. The fence posts must be no more than 36 feet apart and readily visible to a person approaching the property. The cap or mark must be on the top two inches of the post. The bottom of the cap must be between three feet and five feet, six inches above the ground. Before putting a cap or mark on a post that is visible from both sides and could reasonably be construed to apply to property where another side is on property that is owned, leased, or lawfully possessed by someone else, the property owner must obtain agreement by that other person. 
   The new method of providing notification applies on July 1, 2019. Prior to that date, property owners must use the methods currently provided for in the Code to place potential trespassers on notice. 
   Prior to the applicability date of the purple marking notice method, the departments of agriculture and land stewardship and natural resources shall conduct an information campaign on the method, how it is defined in the Code, and how it is to be interpreted and implemented. The departments may prepare a brochure, place information on agency internet sites, or collaborate with nongovernmental organizations to disseminate the information. 
   The different levels of penalties provided for trespass that are set forth in Code sections 716.8, 481A.134, and 481A.135 are applicable to a trespass committed pursuant to the provisions of the bill.