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