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