Senate File 2151 - Introduced



                                       SENATE FILE       
                                       BY  BRUNKHORST


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

                                      A BILL FOR

  1 An Act providing an exception to municipal tort liability for
  2    golfing.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5962XS 81
  5 rh/gg/14

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, river rafting, canoeing, or kayaking, or golfing
  1  9 that was constructed or reconstructed, reasonably and in good
  1 10 faith, in accordance with generally recognized engineering or
  1 11 safety standards or design theories in existence at the time
  1 12 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, river
  1 17 rafting, canoeing, or kayaking, or golfing on public property
  1 18 when the person knew or reasonably should have known that the
  1 19 skateboarding, in=line skating, bicycling, unicycling,
  1 20 scootering, river rafting, canoeing, or kayaking, or golfing
  1 21 created a substantial risk of injury to the person and was
  1 22 voluntarily in the place of risk.  The exemption from
  1 23 liability contained in this subsection shall only apply to
  1 24 claims for injuries or damage resulting from the risks
  1 25 inherent in the activities of skateboarding, in=line skating,
  1 26 bicycling, unicycling, scootering, river rafting, canoeing, or
  1 27 kayaking, or golfing.
  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 golfing
  1 32 purposes that was constructed or reconstructed in accordance
  1 33 with generally recognized engineering or safety standards in
  1 34 existence at the time of the construction or reconstruction.
  1 35    The bill also provides an exemption from liability for a
  2  1 municipality 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 golfing on public property when the person knew or
  2  4 reasonably should have known that the golfing created a
  2  5 substantial risk of injury and the person was acting
  2  6 voluntarily.
  2  7 LSB 5962XS 81
  2  8 rh:nh/gg/14