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
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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repealed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
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S.F.
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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
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