Senate Study Bill 3147 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act relating to an exemption from municipal liability for 1 recreational trails. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5825XC (1) 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 or arising out 3 of a claim of negligent design or specification, negligent 4 adoption of design or specification, or negligent construction 5 or reconstruction of a recreational trail that was constructed 6 or reconstructed, reasonably and in good faith, in accordance 7 with generally recognized engineering or safety standards or 8 design theories in existence at the time of the construction 9 or reconstruction. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides an exemption from liability under the 14 Iowa municipal tort claims Act (Code chapter 670) for any claim 15 based upon or arising out of a claim of negligent design or 16 specification, negligent adoption of design or specification, 17 or negligent construction or reconstruction of a recreational 18 trail that was constructed or reconstructed, reasonably and in 19 good faith, in accordance with generally recognized engineering 20 or safety standards or design theories in existence at the time 21 of the construction or reconstruction. 22 A municipality in Code chapter 670 is defined as a city, 23 county, township, school district, or other unit of local 24 government. 25 -1- LSB 5825XC (1) 85 rh/rj 1/ 1