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