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House Journal: Page 1402: Wednesday, April 8, 1998

H-9008

 1     Amend Senate File 2277, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 17, by inserting after the word
 4   "risk." the following:  "This subsection shall not
 5   apply to claims based upon gross negligence."
Amendment H-9008 was adopted.
Shoultz of Black Hawk offered the following amendment H-9006
filed by him from the floor and moved its adoption:

H-9006

 1     Amend Senate File 2277, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 11 through 17, and
 4   inserting the following:
 5     "NEW SUBSECTION.  15.  Any claim to recover
 6   compensation for injuries received by a skateboarding
 7   or in-line skating participant in a skateboarding or
 8   in-line skating accident which occurred at a publicly
 9   designated skateboarding or in-line skating facility,
10   based upon or arising out of an act or omission of an
11   officer or employee of the municipality or the
12   municipality's governing board.
13     For the purposes of this section, a publicly
14   designated skateboarding or in-line skating facility
15   means a site that complies with all of the following:
16     a.  The site has been designated by a municipality
17   as being open to skateboarding or in-line skating.
18     b.  The site has signs posted by the municipality
19   that indicate in black letters a minimum of one inch
20   high, the following:
21     WARNING.  Under Iowa law, a municipality is not
22   liable, except under very limited circumstances, for
23   injuries to, or the death of, a person participating
24   in skateboarding or in-line skating at a designated
25   skateboarding or in-line skating facility pursuant to
26   Iowa Code chapter 670.
27     c.  Users of the site are required by ordinance to
28   wear helmets, elbow pads, and knee pads, and the site
29   has signs posted notifying users of the requirement,
30   and that any person failing to comply with the
31   ordinance will be subject to citation.
32     Nothing in this subsection is intended to limit the
33   liability of a public entity with respect to any other
34   duty imposed pursuant to existing law, including the
35   duty to protect against dangerous conditions of public
36   property."
Amendment H-9006 lost.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 21 13:40:06 CDT 1998
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