House
Study
Bill
35
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
providing
for
an
exemption
from
municipal
tort
1
liability
for
claims
arising
from
tubing
or
sledding
on
2
municipality-controlled
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
670.4,
subsection
1,
paragraphs
n
and
o,
1
Code
2015,
are
amended
to
read
as
follows:
2
n.
Any
claim
based
upon
or
arising
out
of
a
claim
of
3
negligent
design
or
specification,
negligent
adoption
of
design
4
or
specification,
or
negligent
construction
or
reconstruction
5
of
a
public
facility
designed
for
purposes
of
skateboarding,
6
in-line
skating,
bicycling,
unicycling,
scootering,
river
7
rafting,
canoeing,
or
kayaking
,
tubing,
or
sledding
that
was
8
constructed
or
reconstructed,
reasonably
and
in
good
faith,
9
in
accordance
with
generally
recognized
engineering
or
safety
10
standards
or
design
theories
in
existence
at
the
time
of
the
11
construction
or
reconstruction.
12
o.
Any
claim
based
upon
or
arising
out
of
an
act
or
13
omission
of
an
officer
or
employee
of
the
municipality
or
14
the
municipality’s
governing
body
by
a
person
skateboarding,
15
in-line
skating,
bicycling,
unicycling,
scootering,
river
16
rafting,
canoeing,
or
kayaking
,
tubing,
or
sledding
on
public
17
property
when
the
person
knew
or
reasonably
should
have
known
18
that
the
skateboarding,
in-line
skating,
bicycling,
unicycling,
19
scootering,
river
rafting,
canoeing,
or
kayaking
,
tubing,
or
20
sledding
created
a
substantial
risk
of
injury
to
the
person
21
and
was
voluntarily
in
the
place
of
risk.
The
exemption
from
22
liability
contained
in
this
paragraph
shall
only
apply
to
23
claims
for
injuries
or
damage
resulting
from
the
risks
inherent
24
in
the
activities
of
skateboarding,
in-line
skating,
bicycling,
25
unicycling,
scootering,
river
rafting,
canoeing,
or
kayaking
,
26
tubing,
or
sledding
.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
provides
an
exemption
from
liability
regarding
31
a
municipality’s
negligent
design
or
specification,
or
32
negligent
construction
or
reconstruction,
of
a
public
facility
33
designed
for
tubing
or
sledding
purposes
that
was
constructed
34
or
reconstructed
in
accordance
with
generally
recognized
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_____
engineering
or
safety
standards
or
design
theories.
1
The
bill
also
provides
an
exemption
from
liability
2
for
municipalities
relating
to
claims
based
upon
acts
or
3
omissions
of
an
officer
or
employee
of
the
municipality
by
4
a
person
engaged
in
tubing
or
sledding
when
the
person
knew
5
or
reasonably
should
have
known
that
the
tubing
or
sledding
6
created
a
substantial
risk
of
injury
and
the
person
was
acting
7
voluntarily.
8
A
municipality
in
Code
chapter
670
is
defined
as
a
city,
9
county,
township,
school
district,
or
other
unit
of
local
10
government.
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