House
Study
Bill
205
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BEST)
A
BILL
FOR
An
Act
relating
to
private
land
available
for
public
use
for
1
recreational
purposes.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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_____
Section
1.
Section
461C.2,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
01.
“Bicycle”
means
the
same
as
defined
in
3
section
321.1
except
the
device
may
have
any
number
of
wheels.
4
Sec.
2.
Section
461C.2,
subsections
3
and
5,
Code
2021,
are
5
amended
to
read
as
follows:
6
3.
“Land”
means
private
land
that
is
one
or
any
combination
7
of
the
following:
abandoned
or
inactive
surface
mines;
8
caves;
land
used
for
agricultural
purposes;
marshlands;
9
timber;
grasslands;
or
the
privately
owned
roads,
railroad
10
rights-of-way
or
crossings,
paths,
trails,
waters,
water
11
courses,
exteriors
and
interiors
of
buildings,
structures,
12
machinery,
or
equipment
appurtenant
thereto.
“Land”
includes
13
land
that
is
not
open
to
the
general
public.
“Land”
also
14
includes
private
land
located
in
a
municipality
in
connection
15
with
and
while
being
used
for
urban
deer
control
or
a
16
recreational
purpose
.
17
5.
“Recreational
purpose”
means
the
following
or
any
18
combination
thereof:
hunting,
trapping,
horseback
riding,
19
fishing,
swimming,
boating,
camping,
picnicking,
jogging,
20
walking,
hiking,
pleasure
driving,
motorcycling,
bicycle
21
riding,
all-terrain
vehicle
riding,
nature
study,
water
skiing,
22
snowmobiling,
other
summer
and
winter
sports,
educational
23
activities,
and
viewing
or
enjoying
historical,
archaeological,
24
scenic,
or
scientific
sites
while
going
to
and
from
or
25
actually
engaged
therein.
“Recreational
purpose”
includes
26
the
activity
of
accompanying
another
person
who
is
engaging
27
in
such
activities.
“Recreational
purpose”
is
not
limited
to
28
active
engagement
in
such
activities,
but
includes
entry
onto,
29
use
of,
passage
over,
and
presence
on
any
part
of
the
land
in
30
connection
with
or
during
the
course
of
such
activities.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
private
land
available
for
public
use
35
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_____
for
recreational
purposes.
The
bill
defines
“bicycle”
to
mean
1
a
device,
regardless
of
the
number
of
wheels,
having
at
least
2
one
saddle
or
seat
for
the
use
of
a
rider
that
is
propelled
3
by
human
power
or
a
device
with
fully
operable
pedals
and
an
4
electric
motor
of
less
than
750
watts
(one
horsepower),
with
a
5
maximum
speed
on
a
paved
level
surface,
when
powered
solely
by
6
such
a
motor
while
ridden,
of
less
than
20
miles
per
hour.
The
7
bill
amends
the
definition
of
“land”
to
include
privately
owned
8
railroad
rights-of-way
or
crossings
and
to
include
land
located
9
in
a
municipality
in
connection
with
or
while
being
used
for
10
a
recreational
purpose.
The
bill
amends
the
definition
of
11
“recreational
purpose”
to
include
jogging,
walking,
and
bicycle
12
riding.
13
Current
law
provides
that
a
holder
of
land
who
makes
the
14
land
available
for
a
public
recreational
purpose
without
charge
15
does
not
owe
a
duty
of
care
to
keep
the
premises
safe
for
entry
16
or
use
by
others
for
a
recreational
purpose
or
urban
deer
17
control,
or
to
give
any
warning
of
a
dangerous
condition,
use,
18
structure,
or
activity
on
such
premises
to
persons
entering
for
19
such
purposes.
20
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