House
File
2004
-
Introduced
HOUSE
FILE
2004
BY
BALTIMORE
A
BILL
FOR
An
Act
providing
for
an
exception
to
municipal
tort
liability
1
for
claims
arising
from
sledding
on
municipality-controlled
2
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
670.4,
subsections
14
and
15,
Code
2011,
1
are
amended
to
read
as
follows:
2
14.
Any
claim
based
upon
or
arising
out
of
a
claim
of
3
negligent
design
or
specification,
negligent
adoption
of
design
4
or
specification,
or
negligent
construction
or
reconstruction
5
of
a
public
facility
designed
for
purposes
of
skateboarding,
6
in-line
skating,
bicycling,
unicycling,
scootering,
river
7
rafting,
canoeing,
or
kayaking
,
or
sledding
that
was
8
constructed
or
reconstructed,
reasonably
and
in
good
faith,
9
in
accordance
with
generally
recognized
engineering
or
safety
10
standards
or
design
theories
in
existence
at
the
time
of
the
11
construction
or
reconstruction.
12
15.
Any
claim
based
upon
or
arising
out
of
an
act
or
13
omission
of
an
officer
or
employee
of
the
municipality
or
14
the
municipality’s
governing
body
by
a
person
skateboarding,
15
in-line
skating,
bicycling,
unicycling,
scootering,
river
16
rafting,
canoeing,
or
kayaking
,
or
sledding
on
public
property
17
when
the
person
knew
or
reasonably
should
have
known
that
18
the
skateboarding,
in-line
skating,
bicycling,
unicycling,
19
scootering,
river
rafting,
canoeing,
or
kayaking
,
or
sledding
20
created
a
substantial
risk
of
injury
to
the
person
and
was
21
voluntarily
in
the
place
of
risk.
The
exemption
from
liability
22
contained
in
this
subsection
shall
only
apply
to
claims
for
23
injuries
or
damage
resulting
from
the
risks
inherent
in
the
24
activities
of
skateboarding,
in-line
skating,
bicycling,
25
unicycling,
scootering,
river
rafting,
canoeing,
or
kayaking
,
26
or
sledding
.
27
EXPLANATION
28
This
bill
provides
an
exemption
from
liability
regarding
a
29
municipality’s
negligent
design
or
specification,
or
negligent
30
construction
or
reconstruction
of
a
public
facility
designed
31
for
sledding
purposes
that
was
constructed
or
reconstructed
32
in
accordance
with
generally
recognized
engineering
or
safety
33
standards
or
design
theories.
34
The
bill
also
provides
an
exemption
from
liability
for
35
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2004
municipalities
relating
to
claims
based
upon
acts
or
omissions
1
of
an
officer
or
employee
of
the
municipality
by
a
person
2
engaged
in
sledding
when
the
person
knew
or
reasonably
should
3
have
known
that
the
sledding
created
a
substantial
risk
of
4
injury
and
the
person
was
acting
voluntarily.
5
A
municipality
in
Code
chapter
670
is
defined
as
a
city,
6
county,
township,
school
district,
or
other
unit
of
local
7
government.
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