HF 2415 (LSB 5931HV (3) 89)

HOUSE FILE 2415

BY  COMMITTEE ON NATURAL RESOURCES

(SUCCESSOR TO HF 2103)

A BILL FOR

An Act relating to private land available for public use for recreational purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 461C.2, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  01.  “Bicycle” means the same as defined in section 321.1 except the device may have any number of wheels.
    Sec. 2.  Section 461C.2, subsections 3 and 5, Code 2022, are amended to read as follows:
   3.  “Land” means private land that is one or any combination of the following: abandoned or inactive surface mines; caves; land used for agricultural purposes; marshlands; timber; grasslands; or the privately owned roads, portions of a railroad right-of-way or crossing incorporated into or used as part of a path or trail used for recreational purposes, paths, trails, waters, water courses, exteriors and interiors of buildings, structures, machinery, or equipment appurtenant thereto. “Land” includes land that is not open to the general public. “Land” also includes private land located in a municipality in connection with and while being used for urban deer control.
   5.  “Recreational purpose” means the following or any combination thereof:  hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, jogging, walking, hiking, pleasure driving, motorcycling, bicycle riding, all-terrain vehicle riding, nature study, water skiing, snowmobiling, other summer and winter sports, educational activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein. “Recreational purpose” includes the activity of accompanying another person who is engaging in such activities. “Recreational purpose” is not limited to active engagement in such activities, but includes entry onto, use of, passage over, and presence on any part of the land in connection with or during the course of such activities. 
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 private land available for public use for recreational purposes. For purposes of Code chapter 461C, the bill defines “bicycle” to mean a device having at least one saddle or seat for the use of a rider that is propelled by human power or a low-speed electric bicycle, regardless of the number of wheels. The bill amends the definition of “land” to include the portions of a privately owned railroad right-of-way or crossing incorporated into or used as part of a path or trail used for recreational purposes. The bill amends the definition of “recreational purpose” to include jogging, walking, and bicycle riding.
   Code chapter 461C generally provides that a holder of land who makes the land available for a public recreational purpose without charge does not owe a duty of care to keep the premises safe for entry or use by others for a recreational purpose or urban deer control, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.