Bill Text: IA SF449 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to purple marks or caps on top of trees or posts to indicate that unlawful entry constitutes criminal trespass and making penalties applicable. (Formerly SF 288.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-03-28 - Subcommittee: Paustian, Kaufmann and Wessel-Kroeschell. H.J. 689. [SF449 Detail]
Download: Iowa-2019-SF449-Introduced.html
Senate
File
449
-
Introduced
SENATE
FILE
449
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
288)
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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449
Section
1.
Section
716.7,
subsection
2,
paragraph
a,
1
subparagraph
(2),
Code
2019,
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
the
13
post’s
top
two
inches.
The
bottom
of
the
cap
or
mark
must
be
14
no
less
than
three
feet
and
no
more
than
five
feet,
six
inches
15
above
the
ground.
Posts
so
capped
or
marked
must
be
placed
no
16
more
than
thirty-six
feet
apart
and
must
be
readily
visible
17
to
any
person
approaching
the
property.
Prior
to
applying
18
a
cap
or
mark
which
is
visible
from
and
could
reasonably
be
19
construed
to
apply
to
property
on
both
sides
of
a
fence
shared
20
by
different
property
owners,
lessees,
or
others
in
lawful
21
possession,
all
such
owners,
lessees,
or
others
in
lawful
22
possession
shall
concur
in
the
decision
to
apply
a
cap
or
mark
23
to
the
fence.
24
(ii)
(A)
This
subparagraph
division
(c)
shall
not
be
25
construed
to
authorize
an
owner,
lessee,
or
other
person
in
26
lawful
possession
of
any
property
to
place
any
purple
marks
or
27
caps
on
any
tree
or
post
or
to
install
any
post
or
fence
if
28
doing
so
would
violate
any
applicable
law,
rule,
ordinance,
29
order,
covenant,
bylaw,
declaration,
regulation,
restriction,
30
or
instrument.
31
(B)
This
subparagraph
division
(c)
does
not
apply
to
real
32
property
located
in
a
city
with
a
population
of
more
than
sixty
33
thousand.
34
(C)
This
subparagraph
division
(c)
does
not
apply
to
the
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persons
described
in
section
716.7,
subsection
3.
1
(D)
This
subparagraph
division
(c)
does
not
apply
to
public
2
utility
property.
3
(E)
Prior
to
July
1,
2020,
notice
provided
by
the
method
4
described
in
this
subparagraph
division
(c)
is
not
valid
or
5
enforceable.
This
subparagraph
part
is
repealed
July
1,
2024.
6
Sec.
2.
DISSEMINATION
OF
INFORMATION
REGARDING
MARKING
7
PROCEDURES.
The
departments
of
agriculture
and
land
8
stewardship
and
natural
resources
shall
conduct
an
information
9
campaign
for
the
public
concerning
the
implementation
and
10
interpretation
of
section
716.7,
subsection
2,
paragraph
11
“a”,
subparagraph
(2),
subparagraph
division
(c).
The
12
information
provided
shall
inform
the
public
about
the
13
marking
requirements,
including
information
regarding
the
14
size
requirements
of
the
markings
as
well
as
the
manner
15
in
which
the
markings
must
be
placed.
The
departments
of
16
agriculture
and
land
stewardship
and
natural
resources
shall
17
also
include
information
in
the
campaign
that,
prior
to
18
July
1,
2020,
any
owner,
lessee,
or
other
person
in
lawful
19
possession
who
chooses
to
place
purple
markings
or
caps
on
20
such
person’s
property,
must
comply
with
one
of
the
other
21
notice
requirements
listed
in
section
716.7,
subsection
2,
22
paragraph
“a”,
subparagraph
(2),
to
meet
the
definition
of
23
trespass.
The
departments
of
agriculture
and
land
stewardship
24
and
natural
resources
may
prepare
a
brochure,
disseminate
the
25
information
through
agency
internet
sites,
or
collaborate
with
26
nongovernmental
organizations
to
assist
in
the
dissemination
27
of
the
information.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
notice
that
entry
in
or
on
property
is
32
trespassing.
33
Under
current
law,
criminal
trespass
includes
entering
or
34
remaining
upon
or
in
property
without
justification
after
being
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notified
or
requested
to
abstain
from
entering
or
to
vacate
1
the
property.
Current
notification
methods
include
personal
2
notice,
orally
or
in
writing,
and
posting
a
printed
or
written
3
notice.
4
The
bill
establishes
a
new
method
for
property
owners,
5
lessees,
and
other
lawful
possessors
to
provide
notice
6
that
entry
onto
the
property
without
permission
constitutes
7
criminal
trespass.
Specifically,
proposed
new
Code
section
8
716.7(2)(a)(2)(c)
indicates
that
purple
marks
or
caps
on
trees
9
or
posts
around
an
area
serves
as
notice
that
entry
without
10
permission
into
that
area
constitutes
criminal
trespass.
This
11
new
method
of
notification
of
trespass
is
an
independent
12
alternative
to
preexisting,
codified
methods
of
notification
13
in
Code
section
716.7(2)(a)(2).
14
The
bill
does
not
apply
to
certain
employees
entering
onto
15
property
to
perform
certain
work.
The
persons
defined
in
Code
16
section
716.7(3)
do
not
commit
trespass
when
they
enter
upon
17
such
property
to
perform
defined
work.
18
The
bill
specifies
the
size
requirements
of
the
marks
and
19
caps
and
when
they
may
be
used.
Marks
and
caps
shall
not
be
20
used
and
posts
shall
not
be
installed
if
doing
so
would
violate
21
any
law
or
lawful
agreement.
Additionally,
this
method
shall
22
not
be
used
in
a
city
with
a
population
greater
than
60,000
or
23
on
public
utility
property.
24
The
marks
on
trees
must
consist
of
at
least
an
eight-inch
25
vertical
line
that
is
above
the
ground
at
between
three
feet
26
and
five
feet.
Additionally,
the
marks
must
be
no
more
than
27
100
feet
apart
and
they
must
be
readily
visible
to
a
person
28
approaching
the
property.
29
Purple
caps
on
fence
posts
must
meet
the
following
30
requirements.
The
fence
posts
must
be
no
more
than
36
feet
31
apart
and
readily
visible
to
a
person
approaching
the
property.
32
The
cap
or
mark
must
be
on
the
top
two
inches
of
the
post.
The
33
bottom
of
the
cap
must
be
between
three
feet
and
five
feet,
34
six
inches
above
the
ground.
Before
putting
a
cap
or
mark
on
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a
post
that
is
visible
from
both
sides
and
could
reasonably
1
be
construed
to
apply
to
property
where
another
side
is
on
2
property
that
is
owned,
leased,
or
lawfully
possessed
by
3
someone
else,
the
property
owner
must
obtain
agreement
by
that
4
other
person.
5
The
new
method
of
providing
notification
applies
on
July
6
1,
2020.
Prior
to
that
date,
property
owners
must
use
the
7
methods
currently
provided
for
in
the
Code
to
place
potential
8
trespassers
on
notice.
9
Prior
to
the
applicability
date
of
the
purple
marking
notice
10
method,
the
departments
of
agriculture
and
land
stewardship
11
and
natural
resources
shall
conduct
an
information
campaign
on
12
the
method,
how
it
is
defined
in
the
Code,
and
how
it
is
to
13
be
interpreted
and
implemented.
The
departments
may
prepare
14
a
brochure,
place
information
on
agency
internet
sites,
or
15
collaborate
with
nongovernmental
organizations
to
disseminate
16
the
information.
17
The
different
levels
of
penalties
provided
for
trespass
18
that
are
set
forth
in
Code
sections
716.8,
481A.134,
and
19
481A.135
are
applicable
to
a
trespass
committed
pursuant
to
the
20
provisions
of
the
bill.
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