House File 479 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HF 15)


    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 1218HV 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 1218HV 81
  2  8 rh:nh/cf/24