House
File
35
-
Introduced
HOUSE
FILE
35
BY
INGELS
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
1128YH
(2)
90
js/ns
H.F.
35
Section
1.
Section
461C.2,
Code
2023,
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
2023,
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;
caves;
8
land
used
for
agricultural
purposes;
marshlands;
timber;
9
grasslands;
or
the
privately
owned
roads,
portions
of
a
10
railroad
right-of-way
or
crossing
incorporated
into
or
used
11
as
part
of
a
path
or
trail
used
for
recreational
purposes,
12
paths,
trails,
waters,
water
courses,
exteriors
and
interiors
13
of
buildings,
structures,
machinery,
or
equipment
appurtenant
14
thereto.
“Land”
includes
land
that
is
not
open
to
the
general
15
public.
“Land”
also
includes
private
land
located
in
a
16
municipality
in
connection
with
and
while
being
used
for
urban
17
deer
control.
18
5.
“Recreational
purpose”
means
the
following
or
any
19
combination
thereof:
hunting,
trapping,
horseback
riding,
20
fishing,
swimming,
boating,
camping,
picnicking,
jogging,
21
walking,
hiking,
pleasure
driving,
motorcycling,
bicycle
22
riding,
all-terrain
vehicle
riding,
nature
study,
water
skiing,
23
snowmobiling,
other
summer
and
winter
sports,
educational
24
activities,
and
viewing
or
enjoying
historical,
archaeological,
25
scenic,
or
scientific
sites
while
going
to
and
from
or
26
actually
engaged
therein.
“Recreational
purpose”
includes
27
the
activity
of
accompanying
another
person
who
is
engaging
28
in
such
activities.
“Recreational
purpose”
is
not
limited
to
29
active
engagement
in
such
activities,
but
includes
entry
onto,
30
use
of,
passage
over,
and
presence
on
any
part
of
the
land
in
31
connection
with
or
during
the
course
of
such
activities.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
-1-
LSB
1128YH
(2)
90
js/ns
1/
2
H.F.
35
This
bill
relates
to
private
land
available
for
public
use
1
for
recreational
purposes.
For
purposes
of
Code
chapter
461C,
2
the
bill
defines
“bicycle”
to
mean
a
device
having
at
least
one
3
saddle
or
seat
for
the
use
of
a
rider
that
is
propelled
by
human
4
power
or
a
low-speed
electric
bicycle,
regardless
of
the
number
5
of
wheels.
The
bill
amends
the
definition
of
“land”
to
include
6
the
portions
of
a
privately
owned
railroad
right-of-way
or
7
crossing
incorporated
into
or
used
as
part
of
a
path
or
trail
8
used
for
recreational
purposes.
The
bill
amends
the
definition
9
of
“recreational
purpose”
to
include
jogging,
walking,
and
10
bicycle
riding.
11
Code
chapter
461C
generally
provides
that
a
holder
of
land
12
who
makes
the
land
available
for
a
public
recreational
purpose
13
without
charge
does
not
owe
a
duty
of
care
to
keep
the
premises
14
safe
for
entry
or
use
by
others
for
a
recreational
purpose
15
or
urban
deer
control,
or
to
give
any
warning
of
a
dangerous
16
condition,
use,
structure,
or
activity
on
such
premises
to
17
persons
entering
for
such
purposes.
18
-2-
LSB
1128YH
(2)
90
js/ns
2/
2