House File 15 - Introduced HOUSE FILE BY ARNOLD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing an exception to municipal tort liability for 2 all=terrain vehicling. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1218YH 81 5 rh/cf/24 PAG LIN 1 1 Section 1. Section 670.4, subsections 14 and 15, Code 1 2 2005, 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, in=line skating, bicycling, unicycling, 1 8 scootering, all=terrain vehicling, river rafting, canoeing, or 1 9 kayaking that was constructed or reconstructed, reasonably and 1 10 in good faith, in accordance with generally recognized 1 11 engineering or safety standards or design theories in 1 12 existence at the time of the construction or reconstruction. 1 13 15. Any claim based upon or arising out of an act or 1 14 omission of an officer or employee of the municipality or the 1 15 municipality's governing body by a person skateboarding, in= 1 16 line skating, bicycling, unicycling, scootering, all=terrain 1 17 vehicling, river rafting, canoeing, or kayaking on public 1 18 property when the person knew or reasonably should have known 1 19 that the skateboarding, in=line skating, bicycling, 1 20 unicycling, scootering, all=terrain vehicling, river rafting, 1 21 canoeing, or kayaking created a substantial risk of injury to 1 22 the person and was voluntarily in the place of risk. The 1 23 exemption from liability contained in this subsection shall 1 24 only apply to claims for injuries or damage resulting from the 1 25 risks inherent in the activities of skateboarding, in=line 1 26 skating, bicycling, unicycling, scootering, all=terrain 1 27 vehicling, river rafting, canoeing, or kayaking. 1 28 EXPLANATION 1 29 This bill provides an exemption from liability regarding a 1 30 municipality's negligent design, or negligent construction or 1 31 reconstruction, of a public facility designed for purposes of 1 32 all=terrain vehicling that was constructed or reconstructed in 1 33 accordance with generally recognized engineering or safety 1 34 standards then in existence. 1 35 The bill also provides an exemption from liability for 2 1 municipalities relating to claims based upon acts or omissions 2 2 of an officer or employee of the municipality by a person 2 3 engaged in all=terrain vehicling on public property when the 2 4 person knew or reasonably should have known that the all= 2 5 terrain vehicling created a substantial risk of injury and the 2 6 person was acting voluntarily. 2 7 LSB 1218YH 81 2 8 rh/cf/24