H.F. 2240 Section 1. Section 321G.22, Code 2011, is amended to read 1 as follows: 2 321G.22 Limitation of liability by public bodies and 3 adjoining owners. 4 1. The state, its political subdivisions, and the owners or 5 tenants of property adjoining public lands or the right-of-way 6 of a public highway and their agents and employees owe no 7 duty of care to keep the public lands, ditches, or land 8 contiguous to a highway or roadway under the control of the 9 state or a political subdivision safe for entry or use by 10 persons operating a snowmobile, or to give any warning of 11 a dangerous condition, use, structure, or activity on the 12 premises to persons entering for such purposes, except in the 13 case of willful or malicious failure to guard or warn against a 14 dangerous condition, use, structure, or activity of which the 15 owner of the property or the person responsible for care or 16 operation of the property, upon which the dangerous condition, 17 use, structure, or activity is located, had actual knowledge 18 or actual notice . The state, its political subdivisions, and 19 the owners or tenants of property adjoining public lands or the 20 right-of-way of a public highway and their agents and employees 21 are not liable for actions taken to allow or facilitate the use 22 of public lands, ditches, or land contiguous to a highway or 23 roadway except in the case of a willful or malicious failure to 24 guard or warn against a dangerous condition, use, structure, 25 or activity of which the owner of the property or the person 26 responsible for care or operation of the property, upon 27 which the dangerous condition, use, structure, or activity is 28 located, had actual knowledge or actual notice . 29 2. This section Except as otherwise provided in subsection 30 1, this section does not create a duty of care or ground of 31 liability on behalf of the state, its political subdivisions, 32 or the owners or tenants of property adjoining public lands 33 or the right-of-way of a public highway and their agents and 34 employees for injury to persons or property in the operation 35 -1- LSB 2295YH (2) 84 md/sc 1/ 4

H.F. 2240 of snowmobiles in a ditch or on land contiguous to a highway 1 or roadway under the control of the state or a political 2 subdivision. The state, its political subdivisions, and the 3 owners or tenants of property adjoining public lands or the 4 right-of-way of a public highway and their agents and employees 5 are not liable for the operation of a snowmobile in violation 6 of this chapter . 7 Sec. 2. Section 331.802, subsection 2, paragraph b, Code 8 2011, is amended to read as follows: 9 b. Except as provided in section 218.64 or as otherwise 10 provided by law, for each preliminary investigation and 11 the preparation and submission of the required reports, the 12 county medical examiner shall receive from the county of 13 appointment a fee determined by the board plus the examiner’s 14 actual expenses. The fee and expenses paid by the county of 15 appointment shall be reimbursed to the county of appointment 16 by the county of the person’s residence. However, if the 17 person’s death is caused by a defendant for whom a judgment of 18 conviction and sentence is rendered under section 707.2 , 707.3 , 19 707.4 , 707.5 , or 707.6A , or 707.6B, the county of the person’s 20 residence may recover from the defendant the fee and expenses. 21 Sec. 3. NEW SECTION . 707.6B Dangerous condition 22 manslaughter. 23 1. A person commits dangerous condition manslaughter when 24 all of the following conditions are met: 25 a. The death of another person operating a snowmobile is 26 caused by a dangerous condition, use, structure, or activity. 27 b. The dangerous condition, use, structure, or activity is 28 located on property adjoining public lands or the right-of-way 29 of a public highway or roadway. 30 c. The property upon which the dangerous condition, use, 31 structure, or activity is located is owned by the person or is 32 located on the property for which the person is responsible for 33 care or operation. 34 d. The person had actual knowledge or actual notice of the 35 -2- LSB 2295YH (2) 84 md/sc 2/ 4

H.F. 2240 regular use of the property upon which the dangerous condition, 1 use, structure, or activity is located as an area for the 2 operation of snowmobiles. 3 e. The person had actual knowledge or actual notice of the 4 dangerous condition, use, structure, or activity. 5 f. The person failed to guard or warn against the dangerous 6 condition, use, structure, or activity. 7 2. Dangerous condition manslaughter is a class “C” felony. 8 Sec. 4. Section 910.3A, Code 2011, is amended to read as 9 follows: 10 910.3A Notification of a homicide victim’s county of 11 residence. 12 The county attorney of a county in which a judgment of 13 conviction and sentence under section 707.2 , 707.3 , 707.4 , 14 707.5 , or 707.6A , or 707.6B is rendered against a defendant 15 relating to a person’s death shall notify in writing the clerk 16 of the district court of the county of the person’s residence. 17 Such notification shall be for the purpose of the county of the 18 person’s residence recovering from the defendant the fee and 19 expenses incurred investigating the person’s death pursuant to 20 section 331.802, subsection 2 . 21 EXPLANATION 22 This bill amends Code section 321G.22 relating to liability 23 and the duty of care owed by certain governmental bodies, 24 property owners, and tenants to certain snowmobile operators. 25 The bill amends the general exception from liability and duty 26 of care by providing that an owner may have a duty of care 27 and may be subject to certain liability if the owner of the 28 property or the person responsible for care or operation of the 29 property, upon which a dangerous condition, use, structure, or 30 activity is located, had actual knowledge or actual notice and 31 failed to guard or warn against the dangerous condition, use, 32 structure, or activity. 33 The bill establishes the offense of dangerous condition 34 manslaughter. Under the bill, a person commits the offense 35 -3- LSB 2295YH (2) 84 md/sc 3/ 4

H.F. 2240 of dangerous condition manslaughter when the death of another 1 person operating a snowmobile is caused by a dangerous 2 condition, use, structure, or activity located on property 3 owned or under the care or operation of the person, the 4 property adjoins public lands or the right-of-way of a public 5 highway or roadway, the person had actual knowledge or actual 6 notice of the regular use of the property as an area for the 7 operation of snowmobiles, the person had actual knowledge or 8 actual notice of the dangerous condition, use, structure, or 9 activity, and the person failed to guard or warn against the 10 dangerous condition, use, structure, or activity. 11 The bill provides that dangerous condition manslaughter 12 is a class “C” felony. A class “C” felony is punishable by 13 confinement for no more than 10 years and a fine of at least 14 $1,000 but not more than $10,000. 15 The bill makes corresponding changes to provisions of the 16 Code relating to the recovery of certain fees and expenses 17 relating to the investigation of a death. 18 -4- LSB 2295YH (2) 84 md/sc 4/ 4