House File 2485 - Introduced HOUSE FILE 2485 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 647) (COMPANION TO SF 2292 BY COMMITTEE ON COMMERCE) A BILL FOR An Act relating to regulation of watercraft and equipment on 1 public lakes by common interest communities and certain 2 nonprofit corporations, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5179HV (3) 90 cm/ko

H.F. 2485 Section 1. NEW SECTION . 462A.17A Common interest 1 communities —— regulation of watercraft on public lakes. 2 1. As used in this section: 3 a. “Bylaws” means the same as defined in section 499C.1. 4 b. “Common interest community” means the same as defined in 5 section 499C.1. 6 c. “Public lake” means any lake located within the 7 boundaries of this state that is a navigable body of water and 8 that is lawfully accessible by the general public. 9 d. “Rule” means the same as defined in section 499C.1. 10 e. “Unit” means the same as defined in section 499C.1. 11 f. “Unit owner” means the same as defined in section 499C.1. 12 2. Notwithstanding any law to the contrary, a common 13 interest community with one thousand or more units that is 14 adjacent to or abutting in part a public lake may establish 15 policies in the common interest community’s bylaws or rules 16 regarding the operation of watercraft, including but not 17 limited to equipment specifications, upon the public lake by 18 unit owners and unit owners’ guests. 19 3. Notwithstanding section 462A.32, a common interest 20 community may communicate the common interest community’s 21 policies established under subsection 2 through the use of 22 private buoys and other safety-related installations until 23 the date the commission adopts rules regulating buoys and 24 other safety-related installations for the public lake that is 25 adjacent to or abuts the common interest community described in 26 subsection 2. 27 4. The natural resource commission shall adopt rules 28 pursuant to chapter 17A to administer this section. 29 Sec. 2. NEW SECTION . 462A.17B Nonprofit corporations —— 30 regulation of watercraft on public lakes. 31 1. As used in this section: 32 a. “Association” means a nonprofit corporation incorporated 33 under chapter 504, named as an association, and that manages a 34 community with one thousand or more units that is located on a 35 -1- LSB 5179HV (3) 90 cm/ko 1/ 4

H.F. 2485 subdivision that is adjacent to or abuts a public lake. 1 b. “Bylaws” means the same as defined in section 504.141. 2 c. “Member” means a person who on more than one occasion, 3 pursuant to the provisions of an association’s articles or 4 bylaws, has a right to vote for the election of a director or 5 directors of the association, irrespective of how the member 6 is defined in the articles or bylaws of the association, and 7 who is a record lot owner of the association. A person is not 8 a member because of any of the following: 9 (1) The person’s rights as a delegate. 10 (2) The person’s rights to designate a director. 11 (3) The person’s rights as a director. 12 d. “Public lake” means any lake located within the 13 boundaries of this state that is a navigable body of water and 14 that is lawfully accessible by the general public. 15 e. “Rules and regulations” means the rules and regulations 16 adopted by the association’s board of directors as authorized 17 by the bylaws of the association. 18 f. “Unit” means a portion of an association designated for 19 separate ownership or occupancy or as otherwise defined in the 20 statute under which the association is organized. 21 2. Notwithstanding any law to the contrary, an association 22 may establish policies in the association’s rules and 23 regulations regarding the operation of watercraft, including 24 but not limited to equipment specifications, upon a public lake 25 by the association’s members and the association’s members’ 26 guests. 27 3. Notwithstanding section 462A.32, an association may 28 communicate the association’s policies established under 29 subsection 2 through the use of private buoys and other 30 safety-related installations until the date the commission 31 adopts rules regulating buoys and other safety-related 32 installations for the public lake that is adjacent to or abuts 33 the association. 34 4. The natural resource commission shall adopt rules 35 -2- LSB 5179HV (3) 90 cm/ko 2/ 4

H.F. 2485 pursuant to chapter 17A to administer this section. 1 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 2 importance, takes effect upon enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the regulation of watercraft and 7 equipment on public lakes. Notwithstanding any law to 8 the contrary, the bill allows a common interest community 9 with 1,000 units or more that is adjacent to or abutting a 10 public lake to establish policies for the common interest 11 community’s owners, and the owners’ guests, regarding the 12 operation of watercraft, including but not limited to equipment 13 specifications, upon the public lake. The bill allows the 14 common interest community to utilize private buoys and other 15 safety-related installations to communicate the relevant 16 policies until the natural resource commission adopts rules 17 regulating buoys and other safety-related installations for the 18 public lake that is adjacent to or abuts the common interest 19 community. 20 Notwithstanding any law to the contrary, the bill 21 provides that an association may establish policies for the 22 association’s members, and the members’ guests, regarding the 23 operation of watercraft, including but not limited to equipment 24 specifications, upon the public lake. The bill also allows an 25 association to utilize private buoys and other safety-related 26 installations to communicate the relevant policies until the 27 natural resource commission adopts rules regulating buoys and 28 other safety-related installations for the public lake that 29 is adjacent to or abuts the association. The bill defines 30 “association” as a nonprofit corporation incorporated under 31 Code chapter 504, named as an association, and that manages 32 a community with 1,000 units or more that is located on a 33 subdivision that is adjacent to or abuts a public lake. 34 The bill also defines “public lake” to mean any lake located 35 -3- LSB 5179HV (3) 90 cm/ko 3/ 4