House File 2485 - Reprinted HOUSE FILE 2485 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 647) (COMPANION TO SF 2292 BY COMMITTEE ON COMMERCE) (As Amended and Passed by the House February 21, 2024 ) A BILL FOR An Act relating to regulation of watercraft and equipment on 1 public lakes by common interest communities and certain 2 nonprofit corporations, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 2485 (4) 90 cm/ko/md
H.F. 2485 Section 1. NEW SECTION . 462A.17A Common interest 1 communities —— regulation of watercraft on public lakes. 2 1. As used in this section: 3 a. “Bylaws” means the same as defined in section 499C.1. 4 b. “Common interest community” means the same as defined in 5 section 499C.1. 6 c. “Public lake” means any lake located within the 7 boundaries of this state that is a navigable body of water and 8 that is lawfully accessible by the general public. 9 d. “Rule” means the same as defined in section 499C.1. 10 e. “Unit” means the same as defined in section 499C.1. 11 f. “Unit owner” means the same as defined in section 499C.1. 12 2. Notwithstanding any law to the contrary, a common 13 interest community with one thousand or more units that is 14 adjacent to or abutting in part a public lake may establish 15 policies in the common interest community’s bylaws or rules 16 regarding the operation of watercraft, including but not 17 limited to equipment specifications. The authority granted to 18 a common interest community under this subsection shall only 19 apply to unit owners and unit owners’ guests. 20 3. Notwithstanding section 462A.32, a common interest 21 community may communicate the common interest community’s 22 policies established under subsection 2 through the use of 23 private buoys and other safety-related installations until 24 the date the commission adopts rules regulating buoys and 25 other safety-related installations for the public lake that is 26 adjacent to or abuts the common interest community described in 27 subsection 2. 28 4. The natural resource commission shall adopt rules 29 pursuant to chapter 17A to administer this section. 30 Sec. 2. NEW SECTION . 462A.17B Nonprofit corporations —— 31 regulation of watercraft on public lakes. 32 1. As used in this section: 33 a. “Association” means a nonprofit corporation incorporated 34 under chapter 504, named as an association, and that manages a 35 -1- HF 2485 (4) 90 cm/ko/md 1/ 2
H.F. 2485 community with one thousand or more units that is located on a 1 subdivision that is adjacent to or abuts a public lake. 2 b. “Bylaws” means the same as defined in section 504.141. 3 c. “Member” means a person who is a record lot owner of the 4 association. 5 d. “Public lake” means any lake located within the 6 boundaries of this state that is a navigable body of water and 7 that is lawfully accessible by the general public. 8 e. “Rules and regulations” means the rules and regulations 9 adopted by the association’s board of directors as authorized 10 by the bylaws of the association. 11 f. “Unit” means a dwelling unit designated for separate 12 ownership or occupancy or as otherwise defined in the statute 13 under which the association is organized. 14 2. Notwithstanding any law to the contrary, an association 15 may establish policies in the association’s rules and 16 regulations regarding the operation of watercraft, including 17 but not limited to equipment specifications. The authority 18 granted to an association under this subsection shall only 19 apply to the association’s members and the association’s 20 members’ guests. 21 3. Notwithstanding section 462A.32, an association may 22 communicate the association’s policies established under 23 subsection 2 through the use of private buoys and other 24 safety-related installations until the date the commission 25 adopts rules regulating buoys and other safety-related 26 installations for the public lake that is adjacent to or abuts 27 the association. 28 4. The natural resource commission shall adopt rules 29 pursuant to chapter 17A to administer this section. 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 31 importance, takes effect upon enactment. 32 -2- HF 2485 (4) 90 cm/ko/md 2/ 2