Senate Amendment 3045


PAG LIN




     1  1    Amend Senate File 117 as follows:
     1  2 #1.  Page 4, by inserting after line 14 the
     1  3 following:
     1  4    <Sec.    .  Section 669.14, Code 2009, is amended
     1  5 by adding the following new subsection:
     1  6    NEW SUBSECTION.  16.  Any claim based upon or
     1  7 arising out of the condition of a street or highway,
     1  8 as defined in section 321.1, by a person participating
     1  9 in a statewide touring event when the person knew or
     1 10 reasonably should have known that participation in the
     1 11 statewide touring event created the likelihood of
     1 12 exposure to a variety of road surfaces and conditions,
     1 13 unless the claim is based upon an act or omission of
     1 14 an officer or employee of the state and the act or
     1 15 omission constitutes actual malice or a criminal
     1 16 offense.  For purposes of this subsection, "statewide
     1 17 touring event" means a major group bicycle ride across
     1 18 Iowa, a group tractor ride, an antique car tour, or a
     1 19 similar event that involves more than one area of the
     1 20 state, attracts wide participation, and is likely to
     1 21 contribute significantly to the economic well=being of
     1 22 the state or areas of the state.
     1 23    Sec.    .  Section 670.4, Code 2009, is amended by
     1 24 adding the following new subsection:
     1 25    NEW SUBSECTION.  16.  Any claim based upon or
     1 26 arising out of the condition of a street or highway,
     1 27 as defined in section 321.1, by a person participating
     1 28 in a statewide touring event when the person knew or
     1 29 reasonably should have known that participation in the
     1 30 statewide touring event created the likelihood of
     1 31 exposure to a variety of road surfaces and conditions,
     1 32 unless the claim is based upon an act or omission of
     1 33 an officer or employee of the municipality and the act
     1 34 or omission constitutes actual malice or a criminal
     1 35 offense.  For purposes of this subsection, "statewide
     1 36 touring event" means a major group bicycle ride across
     1 37 Iowa, a group tractor ride, an antique car tour, or a
     1 38 similar event that involves more than one area of the
     1 39 state, attracts wide participation, and is likely to
     1 40 contribute significantly to the economic well=being of
     1 41 the state or areas of the state.>
     1 42 #2.  Title page, line 3, by inserting after the
     1 43 word <bicycles,> the following:  <limiting the
     1 44 liability of the state and municipalities for claims
     1 45 brought by participants in statewide touring events
     1 46 based on road conditions,>.
     1 47 #3.  By renumbering as necessary.
     1 48
     1 49
     1 50                               
     2  1 BRAD ZAUN
     2  2 SF 117.204 83
     2  3 dea/nh/12482

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