Senate File 2101 - Reprinted SENATE FILE 2101 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2002) (As Amended and Passed by the Senate March 7, 2018 ) A BILL FOR An Act relating to purple marks or caps on top of trees or 1 posts to indicate that unlawful entry constitutes criminal 2 trespass and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2101 (3) 87 asf/rj/bs
S.F. 2101 Section 1. Section 716.7, subsection 2, paragraph a, 1 subparagraph (2), Code 2018, is amended by adding the following 2 new subparagraph division: 3 NEW SUBPARAGRAPH DIVISION . (c) (i) Identifying purple 4 marks or caps have been placed on trees or posts around the 5 area where entry is forbidden. Each purple mark must be either 6 of the following: 7 (A) A vertical line on a tree of at least eight inches in 8 length and the bottom of the mark must be no less than three 9 feet and no more than five feet above the ground. Such marks 10 must be placed no more than one hundred feet apart and must be 11 readily visible to any person approaching the property. 12 (B) A fence post capped or otherwise marked on at least 13 the post’s top two inches. Posts so capped or marked must 14 be placed no more than one hundred feet apart and must be 15 readily visible to any person approaching the property. Prior 16 to applying a cap or mark which is visible from and could 17 reasonably be construed to apply to property on both sides of a 18 fence shared by different property owners, lessees, or others 19 in lawful possession, an owner, lessee, or other person in 20 lawful possession shall concur in the decision to apply a cap 21 or mark to the fence. 22 (ii) (A) This subparagraph division (c) shall not be 23 construed to authorize an owner, lessee, or other person in 24 lawful possession of any property to place any purple marks or 25 caps on any tree or post or to install any post or fence if 26 doing so would violate any applicable law. 27 (B) This subparagraph division (c) does not apply to real 28 property located in a city. 29 (C) This subparagraph division (c) does not apply to the 30 persons described in section 716.7, subsection 3, paragraphs 31 “a” through “e”. 32 (D) Prior to July 1, 2019, notice provided by the method 33 described in this subparagraph division (c) is not valid or 34 enforcable. This subparagraph part is repealed July 1, 2023. 35 -1- SF 2101 (3) 87 asf/rj/bs 1/ 2
S.F. 2101 Sec. 2. DISSEMINATION OF INFORMATION REGARDING MARKING 1 PROCEDURES. The departments of agriculture and land 2 stewardship and natural resources shall conduct an information 3 campaign for the public concerning the implementation and 4 interpretation of section 716.7, subsection 2, paragraph 5 “a”, subparagraph (2), subparagraph division (c). The 6 information provided shall inform the public about the 7 marking requirements, including information regarding the 8 size requirements of the markings as well as the manner 9 in which the markings must be placed. The departments of 10 agriculture and land stewardship and natural resources shall 11 also include information in the campaign that, prior to 12 July 1, 2019, any owner, lessee, or other person in lawful 13 possession who chooses to place purple markings or caps on 14 such person’s property, must comply with one of the other 15 notice requirements listed in section 716.7, subsection 2, 16 paragraph “a”, subparagraph (2), to meet the definition of 17 trespass. The departments of agriculture and land stewardship 18 and natural resources may prepare a brochure, disseminate the 19 information through agency internet sites, or collaborate with 20 nongovernmental organizations to assist in the dissemination 21 of the information. 22 -2- SF 2101 (3) 87 asf/rj/bs 2/ 2