Senate
Study
Bill
3113
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
providing
an
exemption
from
liability
for
an
officer
1
or
employee
of
a
school
district
or
local
school
board
2
under
the
Iowa
municipal
tort
claims
Act
due
to
a
person’s
3
participation
in
a
non-school-sponsored
extracurricular
4
activity
on
school
grounds.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5420XC
(5)
85
rh/rj
S.F.
_____
Section
1.
Section
670.4,
subsection
1,
Code
2014,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
p.
Any
claim
based
upon
an
act
or
omission
3
by
an
officer
or
employee
of
a
school
district
or
a
local
4
school
board,
or
a
local
school
board
itself,
due
to
a
person’s
5
participation
in
a
non-school-sponsored
extracurricular
6
activity
on
school
grounds.
This
paragraph
shall
not
apply
7
to
claims
based
upon
gross
negligence.
For
purposes
of
this
8
paragraph,
“school
grounds”
means
real
property,
and
any
school
9
buildings,
attendance
centers,
accessory
buildings,
structures,
10
and
improvements
thereon,
owned,
leased,
or
rented
by
a
school
11
district
and
used
primarily
for
public
school
purposes.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
Under
the
Iowa
municipal
tort
claims
Act
(IMTCA,
Code
16
chapter
670),
every
municipality
(defined
as
a
city,
county,
17
township,
school
district,
and
any
other
unit
of
local
18
government
except
soil
and
water
conservation
districts)
19
is
subject
to
liability
for
its
torts
and
those
of
its
20
officers
and
employees
acting
within
the
scope
of
their
21
employment
or
duties,
whether
arising
out
of
a
governmental
22
or
proprietary
function,
except
as
otherwise
provided
in
the
23
IMTCA.
Municipalities
are
required
to
defend,
hold
harmless,
24
and
indemnify
municipal
officers
and
employees
from
any
claims
25
occurring
within
the
scope
of
their
employment
or
duties.
26
Municipal
officers
and
employees
under
Code
section
670.12
are
27
not
liable
for
such
exempted
claims
unless
actual
malice
or
28
willful,
wanton,
and
reckless
misconduct
is
proven.
The
IMTCA
29
contains
15
exclusions
from
liability
for
certain
types
of
30
claims.
31
The
bill
excludes
any
claim
based
upon
an
act
or
omission
32
by
an
officer
or
employee
of
a
school
district
or
a
local
33
school
board,
or
a
school
board
itself,
due
to
a
person’s
34
participation
in
a
non-school-sponsored
extracurricular
35
-1-
LSB
5420XC
(5)
85
rh/rj
1/
2
S.F.
_____
activity
on
school
grounds,
except
for
claims
based
on
gross
1
negligence.
For
purposes
of
the
bill,
“school
grounds”
2
means
real
property,
and
any
school
buildings,
attendance
3
centers,
accessory
buildings,
structures,
and
improvements
4
thereon,
owned,
leased,
or
rented
by
a
school
district
and
used
5
primarily
for
public
school
purposes.
6
-2-
LSB
5420XC
(5)
85
rh/rj
2/
2