Bill Text: IA HF2236 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the liability of a private land holder for the public use of private lands and waters for a noncommercial aviation purpose.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-19 - Passed subcommittee. [HF2236 Detail]
Download: Iowa-2013-HF2236-Introduced.html
House
File
2236
-
Introduced
HOUSE
FILE
2236
BY
WORTHAN
A
BILL
FOR
An
Act
relating
to
the
liability
of
a
private
land
holder
1
for
the
public
use
of
private
lands
and
waters
for
a
2
noncommercial
aviation
purpose.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5808YH
(2)
85
rh/rj
H.F.
2236
Section
1.
Section
461C.1,
Code
2014,
is
amended
to
read
as
1
follows:
2
461C.1
Purpose.
3
The
purpose
of
this
chapter
is
to
encourage
private
holders
4
of
land
to
make
land
and
water
areas
available
to
the
public
5
for
a
recreational
purpose
,
and
for
urban
deer
control
,
and
6
for
a
noncommercial
aviation
purpose
by
limiting
a
holder’s
7
liability
toward
persons
entering
onto
the
holder’s
property
8
for
such
purposes.
The
provisions
of
this
chapter
shall
be
9
construed
liberally
and
broadly
in
favor
of
private
holders
of
10
land
to
accomplish
the
purposes
of
this
chapter
.
11
Sec.
2.
Section
461C.2,
Code
2014,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4A.
“Noncommercial
aviation
purpose”
means
14
the
use
of
an
aircraft
on
privately
owned
land
or
water
when
15
the
use
is
not
for
the
transportation
of
persons
or
property
16
for
compensation
or
hire.
17
Sec.
3.
Section
461C.3,
Code
2014,
is
amended
to
read
as
18
follows:
19
461C.3
Liability
of
holder
limited.
20
1.
Except
as
specifically
recognized
by
or
provided
in
21
section
461C.6
,
a
holder
of
land
does
not
owe
a
duty
of
care
22
to
keep
the
premises
safe
for
entry
or
use
by
others
for
a
23
recreational
purpose
,
or
urban
deer
control,
or
a
noncommercial
24
aviation
purpose,
or
to
give
any
warning
of
a
dangerous
25
condition,
use,
structure,
or
activity
on
such
premises
to
26
persons
entering
for
such
purposes.
27
2.
Except
as
specifically
recognized
by
or
provided
in
28
section
461C.6
,
a
holder
of
land
does
not
owe
a
duty
of
care
29
to
others
solely
because
the
holder
is
guiding,
directing,
30
supervising,
or
participating
in
any
recreational
purpose
,
31
or
urban
deer
control
,
or
a
noncommercial
aviation
purpose
32
undertaken
by
others
on
the
holder’s
land.
33
Sec.
4.
Section
461C.4,
unnumbered
paragraph
1,
Code
2014,
34
is
amended
to
read
as
follows:
35
-1-
LSB
5808YH
(2)
85
rh/rj
1/
3
H.F.
2236
Except
as
specifically
recognized
by
or
provided
in
section
1
461C.6
,
a
holder
of
land
who
either
directly
or
indirectly
2
invites
or
permits
without
charge
any
person
to
use
such
3
property
for
a
recreational
purpose
,
or
urban
deer
control
,
or
4
a
noncommercial
aviation
purpose
does
not
thereby:
5
Sec.
5.
Section
461C.4,
subsection
3,
Code
2014,
is
amended
6
to
read
as
follows:
7
3.
Assume
a
duty
of
care
to
such
person
solely
because
the
8
holder
is
guiding,
directing,
supervising,
or
participating
9
in
any
recreational
purpose
,
or
urban
deer
control
,
or
10
noncommercial
aviation
purpose
undertaken
by
the
person
on
the
11
holder’s
land.
12
Sec.
6.
Section
461C.5,
Code
2014,
is
amended
to
read
as
13
follows:
14
461C.5
Duties
and
liabilities
of
holder
of
leased
land.
15
Unless
otherwise
agreed
in
writing,
the
provisions
of
16
sections
461C.3
and
461C.4
shall
be
deemed
applicable
to
17
the
duties
and
liability
of
a
holder
of
land
leased,
or
any
18
interest
or
right
therein
transferred
to,
or
the
subject
of
any
19
agreement
with,
the
United
States
or
any
agency
thereof,
or
the
20
state
or
any
agency
or
subdivision
thereof,
for
a
recreational
21
purpose
,
or
urban
deer
control
,
or
a
noncommercial
aviation
22
purpose
.
23
Sec.
7.
Section
461C.6,
subsection
2,
Code
2014,
is
amended
24
to
read
as
follows:
25
2.
For
injury
suffered
in
any
case
where
the
holder
of
land
26
charges
the
person
or
persons
who
enter
or
go
on
the
land
for
27
the
recreational
use
thereof
,
or
for
deer
hunting,
or
for
a
28
noncommercial
aviation
use
thereof
except
that
in
the
case
of
29
land
or
any
interest
or
right
therein,
leased
or
transferred
30
to,
or
the
subject
of
any
agreement
with,
the
United
States
31
or
any
agency
thereof
or
the
state
or
any
agency
thereof
or
32
subdivision
thereof,
any
consideration
received
by
the
holder
33
for
such
lease,
interest,
right,
or
agreement
shall
not
be
34
deemed
a
charge
within
the
meaning
of
this
section
.
35
-2-
LSB
5808YH
(2)
85
rh/rj
2/
3
H.F.
2236
Sec.
8.
Section
461C.7,
subsection
2,
Code
2014,
is
amended
1
to
read
as
follows:
2
2.
Relieve
any
person
using
the
land
of
another
for
3
a
recreational
purpose
,
or
urban
deer
control
,
or
for
a
4
noncommercial
aviation
purpose
from
any
obligation
which
the
5
person
may
have
in
the
absence
of
this
chapter
to
exercise
care
6
in
the
use
of
such
land
and
in
the
person’s
activities
thereon,
7
or
from
the
legal
consequences
of
failure
to
employ
such
care.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
liability
of
a
private
land
12
holder
for
the
public
use
of
private
lands
and
waters
for
a
13
noncommercial
aviation
purpose.
14
Code
chapter
461C
(public
use
of
private
lands
and
waters)
15
provides
that
a
holder
of
land
does
not
owe
a
duty
of
care
16
to
keep
the
premises
safe
for
entry
or
use
by
others
for
a
17
recreational
purpose
or
for
urban
deer
control,
or
to
give
any
18
warning
of
a
dangerous
condition,
use,
structure,
or
activity
19
on
such
premises
to
persons
entering
for
such
purposes.
In
20
addition,
a
holder
of
land
does
not
owe
a
duty
of
care
to
others
21
solely
because
the
holder
is
guiding,
directing,
supervising,
22
or
participating
in
a
recreational
purpose
or
urban
deer
23
control
undertaken
by
others
on
the
holder’s
land.
The
law
24
does
not
apply
to
a
willful
or
malicious
failure
to
guard
or
25
warn
against
a
dangerous
condition,
use,
structure,
or
activity
26
and
for
injuries
suffered
where
the
holder
charges
the
person
27
to
participate
in
the
recreational
use
or
for
deer
hunting.
28
The
bill
expands
the
limitation
on
the
liability
of
private
29
land
holders
for
the
public
use
of
private
lands
and
waters
to
30
a
“noncommercial
aviation
purpose”
defined
as
the
use
of
an
31
aircraft
on
privately
owned
land
or
water
when
the
use
is
not
32
for
the
transportation
of
persons
or
property
for
compensation
33
or
hire.
34
-3-
LSB
5808YH
(2)
85
rh/rj
3/
3
