H.F. _____ Section 1. NEW SECTION . 276A.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Injury” means an injury to a person or to property. 4 2. a. “Recreational activity” means all of the following: 5 (1) Any indoor physical activity, sport, team sport, or 6 game, whether organized or unorganized, undertaken for the 7 purpose of competition, exercise, relaxation, diversion, 8 education, or pleasure. 9 (2) Any outdoor activity undertaken for the purpose of 10 exercise, relaxation, diversion, or pleasure, including 11 practice or instruction in any such activity. 12 b. “Recreational activity” does not include any indoor or 13 outdoor organized physical activity, sport, team sport, or game 14 sponsored, organized, and supervised by a school district. 15 3. “Recreational agreement” means a written authorization 16 granted by a school district to a person or entity that permits 17 public access to all or a specified part of the school grounds 18 for the purpose of participating in, attending, supervising, 19 or conducting a recreational activity and that satisfies the 20 requirements of section 276A.4. 21 4. “School board” means a board of directors regularly 22 elected by the registered voters of a school district. 23 5. “School district” means a public school district 24 described in chapter 274. 25 6. “School grounds” means real property, and any school 26 buildings, attendance centers, accessory buildings, structures, 27 and improvements thereon, owned, leased, or rented by a school 28 district and used primarily for public school purposes. 29 7. “Spectator” means a person who attends or watches a 30 recreational activity but does not engage or participate in or 31 intend to engage or participate in the recreational activity. 32 8. “Sport” means an activity requiring physical exertion and 33 skill and which, by its nature and organization, is competitive 34 and includes a set of rules for play. 35 -1- LSB 1452YC (4) 85 rh/sc 1/ 4

H.F. _____ Sec. 2. NEW SECTION . 276A.2 Immunity from liability. 1 1. Except as provided in section 276A.3, a school district, 2 school board, or any officer, employee, or agent of a school 3 district or school board does not owe any of the following 4 duties to any person who participates in a recreational 5 activity held pursuant to a recreational agreement: 6 a. A duty to keep the school grounds safe for the 7 recreational activity. 8 b. A duty to inspect the school grounds. 9 c. A duty to give warning of an unsafe condition, use, or 10 activity on the school grounds. 11 2. Except as provided in section 276A.3, a school district, 12 school board, or any officer, employee, or agent of a school 13 district or school board shall not be liable for the death or 14 injury of any person participating in a recreational activity 15 pursuant to a recreational agreement, nor for any death or 16 injury caused by such a person. 17 Sec. 3. NEW SECTION . 276A.3 Exceptions —— malicious acts. 18 Section 276A.2 shall not limit the liability of a school 19 district, school board, or any officer, employee, or agent of a 20 school district or school board for any of the following: 21 1. The death or injury of any person caused by a malicious 22 act or by a malicious failure to warn against an unsafe 23 condition that a school district, school board, or any officer, 24 employee, or agent of the school district or school board knew 25 or reasonably should have known, that occurs during the course 26 of a recreational activity held pursuant to a recreational 27 agreement. 28 2. The death or injury of a spectator that occurs on school 29 grounds during the course of a recreational activity held 30 pursuant to a recreational agreement. 31 3. The death or injury of a person participating in a 32 recreational activity involving any of the following pursuant 33 to a recreational agreement: 34 a. A weight room and related equipment. 35 -2- LSB 1452YC (4) 85 rh/sc 2/ 4

H.F. _____ b. A swimming pool. 1 c. Gymnastics equipment. 2 Sec. 4. NEW SECTION . 276A.4 Recreational agreement. 3 A recreational agreement shall include all of the following: 4 1. A description of the recreational activity to be held on 5 school grounds pursuant to the agreement. 6 2. The specific location on school grounds where the 7 recreational activity will be held. 8 3. The time and place of the recreational activity. 9 4. Any eligibility requirements for participation in the 10 recreational activity. 11 5. Whether and to what extent participants who are minors 12 will be supervised. 13 6. A clear statement describing a participant’s assumption 14 of risk. 15 EXPLANATION 16 This bill relates to immunity from liability for certain 17 recreational activities held on school grounds. 18 The bill provides that except as otherwise provided in 19 the bill, a school district, school board, or any officer, 20 employee, or agent of a school district or school board does 21 not owe certain duties to any person who participates in a 22 recreational activity held pursuant to a recreational agreement 23 with the school district. In addition, except as otherwise 24 provided in the bill, a school district, school board, or any 25 officer, employee, or agent of a school district or school 26 board shall not be liable for the death or injury of any person 27 participating in a recreational activity held pursuant to a 28 recreational agreement, nor for any death or injury caused by 29 such a person. “Recreational activity” is defined in the bill 30 and does not include any indoor or outdoor organized physical 31 activity, sport, team sport, or game sponsored, organized, and 32 supervised by a school district. “Recreational agreement” 33 is defined as a written authorization granted by a school 34 district to a person or entity that permits public access to 35 -3- LSB 1452YC (4) 85 rh/sc 3/ 4

H.F. _____ all or a specified part of the school grounds for the purpose 1 of participating in, attending, supervising, or conducting a 2 recreational activity and that satisfies the requirements of a 3 recreational agreement as specified in the bill. 4 The bill provides that the bill shall not limit the liability 5 of a school district, school board, or any officer, employee, 6 or agent of a school district or school board for the death 7 or injury of any person caused by a malicious act or by a 8 malicious failure to warn against an unsafe condition which 9 a school district, school board, or any officer, employee, 10 or agent of the school district or school board knew of or 11 reasonably should have known of, that occurs during the course 12 of a recreational activity held pursuant to a recreational 13 agreement, the death or injury of a spectator that occurs 14 during the course of a recreational activity held pursuant to 15 a recreational agreement, or the death or injury of a person 16 participating in a recreational activity involving a weight 17 room and related equipment, swimming pool, or gymnastics 18 equipment pursuant to a recreational agreement. 19 -4- LSB 1452YC (4) 85 rh/sc 4/ 4