Senate
Study
Bill
1194
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
immunity
from
liability
for
certain
1
recreational
activities
on
school
grounds.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
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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.
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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
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_____
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
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