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
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cm/ko/md
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2