SF 2292 (LSB 5179SV (1) 90)

SENATE FILE 2292

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO SSB 3153)

A BILL FOR

An Act relating to regulation of vessels and equipment on public lakes by common interest communities and certain nonprofit corporations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  462A.17A  Common interest communities —— regulation of vessels on public lakes.
   1.  As used in this section:
   a.  “Bylaws” means the same as defined in section 499C.1.
   b.  “Common interest community” means the same as defined in section 499C.1.
   c.  “Public lake” means any lake located within the boundaries of this state that is a navigable body of water and that is lawfully accessible by the general public.
   d.  “Rule” means the same as defined in section 499C.1.
   e.  “Unit owner” means the same as defined in section 499C.1.
   2.  Notwithstanding any law to the contrary, a common interest community adjacent to or abutting in part a public lake may establish policies in the common interest community’s bylaws or rules regarding the operation of vessels, including but not limited to equipment specifications, upon the public lake by unit owners and unit owners’ guests.
   3.  Notwithstanding section 462A.32, a common interest community may communicate the common interest community’s policies established under subsection 2 through the use of private buoys and other safety-related installations if the use of private buoys and other safety-related installations is not inconsistent with this chapter, or with rules adopted by the commission.
    Sec. 2.  NEW SECTION.  462A.17B  Nonprofit corporations —— regulation of vessels on public lakes.
   1.  As used in this section:
   a.  “Association” means a nonprofit corporation incorporated under chapter 504, named as an association, and that manages a community located on a subdivision that is adjacent to or abuts a public lake.
   b.  “Bylaws” means the same as defined in section 504.141.
   c.  “Member” means a person who on more than one occasion, pursuant to the provisions of an association’s articles or bylaws, has a right to vote for the election of a director or directors of the association, irrespective of how the member is defined in the articles or bylaws of the association, and who is a record lot owner of the association. A person is not a member because of any of the following:
   (1)  The person’s rights as a delegate.
   (2)  The person’s rights to designate a director.
   (3)  The person’s rights as a director.
   d.  “Public lake” means any lake located within the boundaries of this state that is a navigable body of water and that is lawfully accessible by the general public.
   e.  “Rules and regulations” means the rules and regulations adopted by the association’s board of directors as authorized by the bylaws of the association.
   2.  Notwithstanding any law to the contrary, an association may establish policies in the association’s rules and regulations regarding the operation of vessels, including but not limited to equipment specifications, upon a public lake by the association’s members and the association’s members’ guests.
   3.  Notwithstanding section 462A.32, an association may communicate the association’s policies established under subsection 2 through the use of private buoys and other safety-related installations if the use of private buoys and other safety-related installations is not inconsistent with this chapter, or with rules adopted by the commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the regulation of vessels and equipment on public lakes. Notwithstanding existing laws to the contrary, the bill allows a common interest community that is adjacent to or abutting a public lake to establish policies for the common interest community’s owners, and the owners’ guests, regarding the operation of vessels, including but not limited to equipment specification, upon the public lake. The bill allows the common interest community to utilize private buoys and other safety-related installations to communicate the relevant policies if the use is not inconsistent with Code chapter 462A (water navigation regulations) or rules adopted by the natural resource commission.
   Notwithstanding existing laws to the contrary, the bill provides that an association may establish policies for the association’s members, and the members’ guests, regarding the operation of vessels, including but not limited to equipment specification, upon the public lake. The bill also allows an association to utilize private buoys and other safety-related installations to communicate the relevant policies if the use is not inconsistent with Code chapter 462A (water navigation regulations) or rules adopted by the natural resource commission. The bill defines “association” as a nonprofit corporation incorporated under chapter 504, named as an association, and that manages a community located on a subdivision that is adjacent to or abuts a public lake. 
   The bill also defines “public lake” to mean any lake located within the boundaries of this state that is a navigable body of water and that is lawfully accessible by the general public. The terms “common interest community”, “member”, “rule”, “bylaws”, “rules and regulations”, and “unit owner” are also defined in the bill.