House File 210

                                       HOUSE FILE       
                                       BY  MERTZ


    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 bicycling or scootering on public
  3    property.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2355YH 80
  6 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, or in=line skating, bicycling, or scootering
  1  8 that was constructed or reconstructed in accordance with a
  1  9 generally recognized engineering or safety standard, criteria,
  1 10 or design theory in existence at the time of the construction
  1 11 or 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, or
  1 15 in=line skating, bicycling, or scootering on public property
  1 16 when the person knew or reasonably should have known that the
  1 17 skateboarding, or in=line skating, bicycling, or scootering
  1 18 created a substantial risk of injury to the person and was
  1 19 voluntarily in the place of risk.  The exemption from
  1 20 liability contained in this subsection shall only apply to
  1 21 claims for injuries or damage resulting from the risks
  1 22 inherent in the activities of skateboarding, or in=line
  1 23 skating, bicycling, or scootering.
  1 24                           EXPLANATION
  1 25    This bill provides an exemption from liability regarding a
  1 26 municipality's negligent design, or negligent construction or
  1 27 reconstruction of a public facility designed for purposes of
  1 28 bicycling or scootering that was constructed or reconstructed
  1 29 in accordance with generally recognized engineering or safety
  1 30 standards.
  1 31    The bill also provides an exemption from liability for
  1 32 municipalities relating to claims based upon acts or omissions
  1 33 of an officer or employee of the municipality by a person
  1 34 engaged in bicycling or scootering when the person knew or
  1 35 reasonably should have known that the bicycling or scootering
  2  1 created a substantial risk of injury and the person was acting
  2  2 voluntarily.
  2  3    A municipality in Code chapter 670 is defined as a city,
  2  4 county, township, school district, or other unit of local
  2  5 government.
  2  6 LSB 2355YH 80
  2  7 rh/pj/5