Bill Text: IA SSB1232 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act related to the liability of a land holder for the public use of private lands and waters.
Spectrum: Unknown
Status: (N/A - Dead) 2013-03-07 - Voted - Natural Resources and Environment. [SSB1232 Detail]
Download: Iowa-2013-SSB1232-Introduced.html
Senate
Study
Bill
1232
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
BILL
BY
CHAIRPERSON
DEARDEN)
A
BILL
FOR
An
Act
related
to
the
liability
of
a
land
holder
for
the
public
1
use
of
private
lands
and
waters.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2490XC
(2)
85
av/nh
S.F.
_____
Section
1.
Section
461C.1,
Code
2013,
is
amended
to
read
as
1
follows:
2
461C.1
Purpose.
3
The
purpose
of
this
chapter
is
to
encourage
private
owners
4
holders
of
land
to
make
land
and
water
areas
available
to
the
5
public
for
recreational
purposes
and
for
urban
deer
control
6
by
limiting
an
owner’s
a
holder’s
liability
toward
persons
7
entering
onto
the
owner’s
holder’s
property
for
such
purposes.
8
The
provisions
of
this
chapter
shall
be
construed
liberally
and
9
broadly
in
favor
of
private
holders
of
land
to
accomplish
the
10
purposes
of
this
chapter.
11
Sec.
2.
Section
461C.2,
subsections
3
and
5,
Code
2013,
are
12
amended
to
read
as
follows:
13
3.
“Land”
means
private
land
located
in
a
municipality
14
including
abandoned
or
inactive
surface
mines
,
;
caves
,
and
;
15
land
used
for
agricultural
purposes
,
including
;
marshlands,
16
timber,
and
grasslands
;
and
the
privately
owned
roads,
17
water
paths,
trails,
waters
,
water
courses,
private
ways
18
and
exteriors
and
interiors
of
buildings,
structures
,
and
19
machinery
,
or
equipment
appurtenant
thereto
located
on
such
20
land
.
“Land”
includes
land
that
is
not
open
to
the
general
21
public.
22
5.
“Recreational
purpose”
means
any
activity
undertaken
23
for
recreation,
sport,
exercise,
education,
relaxation,
or
24
pleasure,
including
but
not
limited
to
the
following
or
any
25
combination
thereof:
Hunting,
trapping,
horseback
riding,
26
fishing,
swimming,
boating,
camping,
picnicking,
hiking,
27
pleasure
driving,
motorcycling,
all-terrain
vehicle
riding,
28
nature
study,
water
skiing,
snowmobiling,
other
summer
29
and
winter
sports
or
games
,
and
agricultural
tours,
and
30
viewing
or
enjoying
historical,
archaeological,
scenic,
or
31
scientific
sites
while
going
to
and
from
or
actually
engaged
32
therein
.
“Recreational
purpose”
includes
the
activity
of
33
accompanying
another
person
who
is
engaging
in
such
activities.
34
“Recreational
purpose”
is
not
limited
to
active
engagement
in
35
-1-
LSB
2490XC
(2)
85
av/nh
1/
4
S.F.
_____
such
activities,
but
also
includes
entry
onto,
use
of,
passage
1
over,
and
presence
on
any
part
of
the
land
in
connection
with
2
such
activities.
3
Sec.
3.
Section
461C.3,
Code
2013,
is
amended
to
read
as
4
follows:
5
461C.3
Liability
of
owner
holder
limited.
6
1.
Except
as
specifically
recognized
by
or
provided
in
7
section
461C.6
,
an
owner
a
holder
of
land
owes
no
does
not
8
owe
a
duty
of
care
to
keep
the
premises
safe
for
entry
or
use
9
by
others
for
recreational
purposes
or
urban
deer
control,
or
10
to
give
any
warning
of
a
dangerous
condition,
use,
structure,
11
or
activity
on
such
premises
to
persons
entering
for
such
12
purposes.
13
2.
Except
as
specifically
recognized
or
provided
in
section
14
461C.6,
a
holder
of
land
does
not
owe
a
duty
of
care
to
others
15
because
the
holder
is
guiding,
directing,
supervising,
or
16
participating
in
any
recreational
purpose
or
urban
deer
control
17
undertaken
by
others
on
the
holder’s
land.
18
Sec.
4.
Section
461C.4,
Code
2013,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
2A.
Assume
a
duty
of
care
to
a
person
21
because
the
holder
is
guiding,
directing,
supervising,
or
22
participating
in
any
recreational
purpose
or
urban
deer
control
23
undertaken
by
the
person
on
the
holder’s
land.
24
Sec.
5.
Section
461C.5,
Code
2013,
is
amended
to
read
as
25
follows:
26
461C.5
Duties
and
liabilities
of
owner
holder
of
leased
land.
27
Unless
otherwise
agreed
in
writing,
the
provisions
of
28
sections
461C.3
and
461C.4
shall
be
deemed
applicable
to
the
29
duties
and
liability
of
an
owner
a
holder
of
land
leased,
30
or
any
interest
or
right
therein
transferred
to,
or
the
31
subject
of
any
agreement
with,
the
United
States
or
any
agency
32
thereof,
or
the
state
or
any
agency
or
subdivision
thereof,
for
33
recreational
purposes
or
urban
deer
control.
34
Sec.
6.
Section
461C.6,
Code
2013,
is
amended
to
read
as
35
-2-
LSB
2490XC
(2)
85
av/nh
2/
4
S.F.
_____
follows:
1
461C.6
When
liability
lies
against
owner
holder
.
2
Nothing
in
this
chapter
limits
in
any
way
any
liability
which
3
otherwise
exists:
4
1.
For
willful
or
malicious
failure
to
guard
or
warn
against
5
a
dangerous
condition,
use,
structure,
or
activity.
6
2.
For
injury
suffered
in
any
case
where
the
owner
holder
of
7
land
charges
the
person
or
persons
who
enter
or
go
on
the
land
8
for
the
recreational
use
thereof
or
for
deer
hunting,
except
9
that
in
the
case
of
land
or
any
interest
or
right
therein,
10
leased
or
transferred
to,
or
the
subject
of
any
agreement
11
with,
the
United
States
or
any
agency
thereof
or
the
state
or
12
any
agency
thereof
or
subdivision
thereof,
any
consideration
13
received
by
the
holder
for
such
lease,
interest,
right
or
14
agreement
shall
not
be
deemed
a
charge
within
the
meaning
of
15
this
section
.
16
EXPLANATION
17
This
bill
relates
to
the
public
use
of
certain
private
18
lands
and
waters.
The
bill
provides
that
Code
chapter
461C
19
shall
be
liberally
and
broadly
construed
in
favor
of
private
20
holders
of
land
to
encourage
them
to
make
their
land
and
water
21
areas
available
to
the
public
for
recreational
purposes
and
for
22
urban
deer
control,
by
limiting
the
land
holders’
liability
to
23
persons
who
enter
onto
their
land
to
pursue
such
activities.
24
The
bill
broadens
the
definition
of
what
land
and
water
areas
25
are
included
in
such
limitations
of
liability
and
provides
that
26
such
land
does
not
have
to
be
open
to
the
general
public
to
be
27
subject
to
the
protections
of
Code
chapter
461C.
28
The
bill
also
broadens
the
definition
of
what
activities
29
constitute
a
“recreational
purpose”
by
specifying
additional
30
activities
that
are
included
and
providing
that
the
Code
31
chapter’s
protections
are
not
limited
to
the
activities
listed.
32
In
addition,
the
bill
provides
that
a
person
engages
in
a
33
recreational
purpose
by
accompanying
another
person
who
is
34
engaged
in
a
recreational
purpose.
“Recreational
purpose”
is
35
-3-
LSB
2490XC
(2)
85
av/nh
3/
4
S.F.
_____
not
limited
to
active
engagement
in
the
activities
but
also
1
includes
entry
onto,
use
of,
passage
over,
and
presence
on
any
2
part
of
the
land
in
connection
with
such
activities.
3
The
bill
provides
that
a
holder
of
land
does
not
owe
or
4
assume
a
duty
of
care
to
others
because
the
holder
is
guiding,
5
directing,
supervising,
or
participating
in
any
recreational
6
purpose
or
urban
deer
control
undertaken
by
others
on
the
7
holder’s
land.
8
-4-
LSB
2490XC
(2)
85
av/nh
4/
4
