House File 416

                                       HOUSE FILE       
                                       BY  DIX


    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    river rafting, canoeing, and kayaking.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1591YH 80
  5 rh/cf/24

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, river rafting, canoeing, or
  1  8 kayaking 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    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, river rafting, canoeing, or kayaking on
  1 16 public property when the person knew or reasonably should have
  1 17 known that the skateboarding, or in=line skating, river
  1 18 rafting, canoeing, or kayaking created a substantial risk of
  1 19 injury to the person and was voluntarily in the place of risk.
  1 20 The exemption from liability contained in this subsection
  1 21 shall only apply to claims for injuries or damage resulting
  1 22 from the risks inherent in the activities of skateboarding, or
  1 23 in=line skating, river rafting, canoeing, or kayaking.
  1 24                           EXPLANATION
  1 25    This bill provides an exemption for 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 river rafting, canoeing, or kayaking that was constructed or
  1 29 reconstructed in accordance with generally recognized
  1 30 engineering or safety standards then in existence.
  1 31    The bill 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 river rafting, canoeing, or kayaking on public
  1 35 property when the person knew or reasonably should have known
  2  1 that the river rafting, canoeing, or kayaking created a
  2  2 substantial risk of injury and the person was acting
  2  3 voluntarily.
  2  4    A municipality in Code chapter 670 is a city, county,
  2  5 township, school district, or other unit of local government.
  2  6 LSB 1591YH 80
  2  7 rh/cf/24