HSB 35 (LSB 1638YC (2) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act providing for an exemption from municipal tort liability for claims arising from tubing or sledding on municipality-controlled property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 670.4, subsection 1, paragraphs n and o, Code 2015, are amended to read as follows:
   n.  Any claim based upon or arising out of a claim of negligent design or specification, negligent adoption of design or specification, or negligent construction or reconstruction of a public facility designed for purposes of skateboarding, in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking, tubing, or sledding that was constructed or reconstructed, reasonably and in good faith, in accordance with generally recognized engineering or safety standards or design theories in existence at the time of the construction or reconstruction.
   o.  Any claim based upon or arising out of an act or omission of an officer or employee of the municipality or the municipality’s governing body by a person skateboarding, in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking, tubing, or sledding on public property when the person knew or reasonably should have known that the skateboarding, in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking, tubing, or sledding created a substantial risk of injury to the person and was voluntarily in the place of risk. The exemption from liability contained in this paragraph shall only apply to claims for injuries or damage resulting from the risks inherent in the activities of skateboarding, in-line skating, bicycling, unicycling, scootering, river rafting, canoeing, or kayaking, tubing, or sledding.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides an exemption from liability regarding a municipality’s negligent design or specification, or negligent construction or reconstruction, of a public facility designed for tubing or sledding purposes that was constructed or reconstructed in accordance with generally recognized engineering or safety standards or design theories.
   The bill also provides an exemption from liability for municipalities relating to claims based upon acts or omissions of an officer or employee of the municipality by a person engaged in tubing or sledding when the person knew or reasonably should have known that the tubing or sledding created a substantial risk of injury and the person was acting voluntarily.
   A municipality in Code chapter 670 is defined as a city, county, township, school district, or other unit of local government.