House File 106 HOUSE FILE BY FREVERT Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for exceptions to municipal tort liability for 2 claims arising from unicycling on public property. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1387YH 80 5 rh/pj/5 PAG LIN 1 1 Section 1. Section 670.4, subsections 14 and 15, Code 1 2 2003, are 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,orin=line skating, or unicycling that was 1 8 constructed or reconstructed in accordance with a generally 1 9 recognized engineering or safety standard, criteria, or design 1 10 theory in existence at the time of the construction or 1 11 reconstruction. 1 12 15. Any claim based upon or arising out of an act or 1 13 omission of an officer or employee of the municipality or the 1 14 municipality's governing body by a person skateboarding,or1 15 in=line skating, or unicycling on public property when the 1 16 person knew or reasonably should have known that the 1 17 skateboarding,orin=line skating, or unicycling created a 1 18 substantial risk of injury to the person and was voluntarily 1 19 in the place of risk. The exemption from liability contained 1 20 in this subsection shall only apply to claims for injuries or 1 21 damage resulting from the risks inherent in the activities of 1 22 skateboarding,orin=line skating, or unicycling. 1 23 EXPLANATION 1 24 This bill provides an exemption from liability regarding a 1 25 municipality's negligent design, or negligent construction or 1 26 reconstruction of a public facility designed for purposes of 1 27 unicycling that was constructed or reconstructed in accordance 1 28 with generally recognized engineering or safety standards. 1 29 The bill also provides an exemption from liability for 1 30 municipalities relating to claims based upon acts or omissions 1 31 of an officer or employee of the municipality by a person 1 32 engaged in unicycling when the person knew or reasonably 1 33 should have known that the unicycling created a substantial 1 34 risk of injury and the person was acting voluntarily. 1 35 A municipality in Code chapter 670 is defined as a city, 2 1 county, township, school district, or other unit of local 2 2 government. 2 3 LSB 1387YH 80 2 4 rh/pj/5