Senate Study Bill 1155 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BROWN) 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: 3 TLSB 2010XC (2) 89 js/ns
S.F. _____ 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 -1- LSB 2010XC (2) 89 js/ns 1/ 2
S.F. _____ 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 -2- LSB 2010XC (2) 89 js/ns 2/ 2