Senate Study Bill 1090
SENATE FILE
BY (PROPOSED COMMITTEE ON
LOCAL GOVERNMENT BILL
BY CHAIRPERSON GASKILL)
Passed Senate, Date Passed House, 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 on public property.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2426XC 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, or in=line skating, or bicycling 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, or
1 15 in=line skating, or bicycling on public property when the
1 16 person knew or reasonably should have known that the
1 17 skateboarding, or in=line skating, or bicycling 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, or in=line skating, or bicycling.
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 bicycling 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 bicycling when the person knew or reasonably should
1 33 have known that the bicycling created a substantial risk of
1 34 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 2426XC 80
2 4 rh/pj/5