House File 584

                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 416)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for exceptions to liability for certain
  2    activities.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 HF 584
  5 rh/es/25

PAG LIN

  1  1    Section 1.  NEW SECTION.  321G.23A  RECREATIONAL RIDING
  1  2 AREA == LIMITATION OF LIABILITY OF PRIOR LANDOWNERS.
  1  3    Prior owners of land on which an all=terrain vehicle
  1  4 recreational riding area is established, maintained, or
  1  5 operated owe no duty of care to keep the land safe for entry
  1  6 or use by persons operating an all=terrain vehicle or to give
  1  7 any warning of a dangerous condition, use, structure, or
  1  8 activity on such premises that would make the land unsafe for
  1  9 all=terrain vehicle usage.
  1 10    Sec. 2.  Section 670.4, subsections 14 and 15, Code 2003,
  1 11 are amended to read as follows:
  1 12    14.  Any claim based upon or arising out of a claim of
  1 13 negligent design or specification, negligent adoption of
  1 14 design or specification, or negligent construction or
  1 15 reconstruction of a public facility designed for purposes of
  1 16 skateboarding, or in=line skating, bicycling, unicycling,
  1 17 scootering, river rafting, canoeing, or kayaking that was
  1 18 constructed or reconstructed, reasonably and in good faith, in
  1 19 accordance with a generally recognized engineering or safety
  1 20 standard, criteria, standards or design theory theories in
  1 21 existence at the time of the construction or reconstruction.
  1 22    15.  Any claim based upon or arising out of an act or
  1 23 omission of an officer or employee of the municipality or the
  1 24 municipality's governing body by a person skateboarding, or
  1 25 in=line skating, bicycling, unicycling, scootering, river
  1 26 rafting, canoeing, or kayaking on public property when the
  1 27 person knew or reasonably should have known that the
  1 28 skateboarding, or in=line skating, bicycling, unicycling,
  1 29 scootering, river rafting, canoeing, or kayaking created a
  1 30 substantial risk of injury to the person and was voluntarily
  1 31 in the place of risk.  The exemption from liability contained
  1 32 in this subsection shall only apply to claims for injuries or
  1 33 damage resulting from the risks inherent in the activities of
  1 34 skateboarding, or in=line skating, bicycling, unicycling,
  1 35 scootering, river rafting, canoeing, or kayaking.
  2  1 HF 584
  2  2 rh/es/25