Senate Study Bill 1247 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to an exemption from municipal tort liability 1 for claims arising from recreational activities on 2 municipality-controlled property. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2588XC (1) 86 jh/rj
S.F. _____ Section 1. Section 670.4, subsection 1, paragraph o, Code 1 2015, is amended to read as follows: 2 o. Any claim for injuries or damages based upon or arising 3 out of an act or omission of an officer or employee of the 4 municipality or the municipality’s governing body by a 5 person skateboarding, in-line skating, bicycling, unicycling, 6 scootering, river rafting, canoeing, or kayaking participating 7 in a recreational activity on public property when the claimed 8 injuries or damages resulted from the normal and expected risks 9 inherent in the recreational activity, the person engaging 10 in the recreational activity was voluntarily on the public 11 property where the injuries or damages occurred, and the person 12 knew or reasonably should have known that the skateboarding, 13 in-line skating, bicycling, unicycling, scootering, river 14 rafting, canoeing, or kayaking recreational activity created a 15 substantial risk of injury to the person and was voluntarily 16 in the place of risk injuries or damages . The exemption from 17 liability contained in this paragraph shall only apply to 18 claims for injuries or damage resulting from the risks inherent 19 in the activities of skateboarding, in-line skating, bicycling, 20 unicycling, scootering, river rafting, canoeing, or kayaking. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill exempts municipalities from tort liability 25 relating to injuries persons participating in certain 26 recreational activities suffer on municipality-controlled 27 property. 28 Current law provides that municipalities are exempt from 29 tort liability relating to claims based upon acts or omissions 30 of an officer or employee of the municipality by a person who 31 is injured while skateboarding, in-line skating, bicycling, 32 unicycling, scootering, river rafting, canoeing, or kayaking on 33 municipal property, provided that the person knew or reasonably 34 should have known that the activity created a substantial risk 35 -1- LSB 2588XC (1) 86 jh/rj 1/ 2
S.F. _____ of injury, the person was voluntarily in the place of risk, and 1 the injury resulted from the risks inherent in the activity. 2 The bill extends the tort-liability exemption from injuries 3 a person suffers while participating in one of the recreational 4 activities currently listed in Code section 670.4(1)(o) 5 to injuries a person suffers resulting from the normal and 6 expected risks inherent while participating in any recreational 7 activity. 8 -2- LSB 2588XC (1) 86 jh/rj 2/ 2