Senate Study Bill 3153 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BROWN) A BILL FOR An Act relating to regulation of vessels and equipment on 1 public lakes by common interest communities and certain 2 nonprofit corporations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5179XC (1) 90 cm/ko

S.F. _____ Section 1. NEW SECTION . 462A.17A Common interest 1 communities —— regulation of vessels 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 owner” means the same as defined in section 499C.1. 11 2. Notwithstanding any law to the contrary, a common 12 interest community adjacent to or abutting in part a public 13 lake may establish policies in the common interest community’s 14 bylaws or rules regarding the operation of vessels, including 15 but not limited to equipment specifications, upon the public 16 lake by unit owners and unit owners’ guests. 17 3. Notwithstanding section 462A.32, a common interest 18 community may communicate the common interest community’s 19 policies established under subsection 2 through the use of 20 private buoys and other safety-related installations if the use 21 of private buoys and other safety-related installations is not 22 inconsistent with this chapter, or with rules adopted by the 23 commission. 24 Sec. 2. NEW SECTION . 462A.17B Nonprofit corporations —— 25 regulation of vessels on public lakes. 26 1. As used in this section: 27 a. “Association” means a nonprofit corporation incorporated 28 under chapter 504, named as an association, and that manages a 29 community located on a subdivision that is adjacent to or abuts 30 a public lake. 31 b. “Bylaws” means the same as defined in section 504.141. 32 c. “Member” means a person who on more than one occasion, 33 pursuant to the provisions of an association’s articles or 34 bylaws, has a right to vote for the election of a director or 35 -1- LSB 5179XC (1) 90 cm/ko 1/ 3

S.F. _____ directors of the association, irrespective of how the member 1 is defined in the articles or bylaws of the association, and 2 who is a record lot owner of the association. A person is not 3 a member because of any of the following: 4 (1) The person’s rights as a delegate. 5 (2) The person’s rights to designate a director. 6 (3) The person’s rights as a director. 7 d. “Public lake” means any lake located within the 8 boundaries of this state that is a navigable body of water and 9 that is lawfully accessible by the general public. 10 e. “Rules and regulations” means the rules and regulations 11 adopted by the association’s board of directors as authorized 12 by the bylaws of the association. 13 2. Notwithstanding any law to the contrary, an association 14 may establish policies in the association’s rules and 15 regulations regarding the operation of vessels, including but 16 not limited to equipment specifications, upon a public lake 17 by the association’s members and the association’s members’ 18 guests. 19 3. Notwithstanding section 462A.32, an association may 20 communicate the association’s policies established under 21 subsection 2 through the use of private buoys and other 22 safety-related installations if the use of private buoys and 23 other safety-related installations is not inconsistent with 24 this chapter, or with rules adopted by the commission. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the regulation of vessels and equipment 29 on public lakes. Notwithstanding existing laws to the 30 contrary, the bill allows a common interest community that is 31 adjacent to or abutting a public lake to establish policies 32 for the common interest community’s owners, and the owners’ 33 guests, regarding the operation of vessels, including but not 34 limited to equipment specification, upon the public lake. The 35 -2- LSB 5179XC (1) 90 cm/ko 2/ 3

S.F. _____ bill allows the common interest community to utilize private 1 buoys and other safety-related installations to communicate 2 the relevant policies if the use is not inconsistent with Code 3 chapter 462A (water navigation regulations) or rules adopted by 4 the natural resource commission. 5 Notwithstanding existing laws to the contrary, the bill 6 provides that an association may establish policies for the 7 association’s members, and the members’ guests, regarding 8 the operation of vessels, including but not limited to 9 equipment specification, upon the public lake. The bill also 10 allows an association to utilize private buoys and other 11 safety-related installations to communicate the relevant 12 policies if the use is not inconsistent with Code chapter 462A 13 (water navigation regulations) or rules adopted by the natural 14 resource commission. The bill defines “association” as a 15 nonprofit corporation incorporated under chapter 504, named 16 as an association, and that manages a community located on a 17 subdivision that is adjacent to or abuts a public lake. 18 The bill also defines “public lake” to mean any lake located 19 within the boundaries of this state that is a navigable body of 20 water and that is lawfully accessible by the general public. 21 The terms “common interest community”, “member”, “rule”, 22 “bylaws”, “rules and regulations”, and “unit owner” are also 23 defined in the bill. 24 -3- LSB 5179XC (1) 90 cm/ko 3/ 3