Text: HSB00225                          Text: HSB00227
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 226

Bill Text

PAG LIN
  1  1    Section 1.  Section 670.4, subsection 14, Code 2001, is
  1  2 amended to read as follows:
  1  3    14.  Any claim based upon or arising out of a claim of
  1  4 negligent design or specification, negligent adoption of
  1  5 design or specification, or negligent construction or
  1  6 reconstruction of a public facility designed for purposes of
  1  7 skateboarding, or in-line skating, or freestyle or mountain
  1  8 biking that was constructed or reconstructed in accordance
  1  9 with a generally recognized engineering or safety standard,
  1 10 criteria, or design theory in existence at the time of the
  1 11 construction or reconstruction.
  1 12    Sec. 2.  Section 670.4, subsection 15, unnumbered paragraph
  1 13 1, Code 2001, is amended to read as follows:
  1 14    Any claim based upon or arising out of an act or omission
  1 15 of an officer or employee of the municipality or the
  1 16 municipality's governing body by a person skateboarding, or
  1 17 in-line skating, or freestyle or mountain biking on public
  1 18 property when the person knew or reasonably should have known
  1 19 that the skateboarding, or in-line skating, or freestyle or
  1 20 mountain biking created a substantial risk of injury to the
  1 21 person and was voluntarily in the place of risk.  The
  1 22 exemption from liability contained in this subsection shall
  1 23 only apply to claims for injuries or damage resulting from the
  1 24 risks inherent in the activities of skateboarding, or in-line
  1 25 skating, or freestyle or mountain biking.  
  1 26                           EXPLANATION
  1 27    This bill amends Code section 670.4 regarding municipality
  1 28 design and acts or omissions of a municipality's employees in
  1 29 regard to freestyle or mountain biking.  The bill provides an
  1 30 exemption from liability for municipalities relating to claims
  1 31 based upon negligent design or construction of a public
  1 32 facility designed for freestyle or mountain biking and for
  1 33 claims based upon acts or omissions of an officer or employee
  1 34 of the municipality by a person engaged in freestyle or
  1 35 mountain biking on public property when the person knew or
  2  1 reasonably should have known that the freestyle or mountain
  2  2 biking created a substantial risk of injury and the person was
  2  3 acting voluntarily.  A municipality in Code chapter 670 is a
  2  4 city, county, township, school district, or other unit of
  2  5 local government.  
  2  6 LSB 1834YC 79
  2  7 rh/gg/8

Text: HSB00225                          Text: HSB00227
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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Last update: Fri Mar 23 03:35:27 CST 2001
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