HF 230 (LSB 1685YH (3) 91)

HOUSE FILE 230

BY  BODEN

A BILL FOR

An Act relating to nuisance actions against sports or exposition venues.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  657.13  Sport and exposition venues —— immunity.
   1.  As used in this section, “sports or exposition venue” means a venue where competitive sporting events occur involving motorized vehicles, whether for racing or nonracing competition, or competitive athletic events, and also includes large public exhibitions of art or trade goods, trade fairs, display shows, presentation, and demonstration exhibits, and includes the venue’s owners, agents, employees, and contractors.
   2.  A person shall not file a nuisance action to recover damages in which an event at a sports or exposition venue is alleged to be a public or private nuisance unless all of the following are true:
   a.  The person is the majority owner of the real property allegedly adversely affected by a competitive sporting or exposition event.
   b.  The sporting or exposition event has materially violated a federal, state, or local law.
   3.  A sports or exposition venue within the state which has been in operation for a period of more than one year shall not be considered a public or private nuisance as the result of a changed condition in or about the locality where the sports or exposition venue is located. In any public or private nuisance action against a sports or exposition venue, proof that the sports or exposition venue has operated for one or more years is an absolute defense to the action, provided that the operation is in compliance with all applicable federal, state, and local laws, regulations, and permits.
   4.  A state or local agency shall not bring a criminal or civil action against a sports or exposition venue for an activity that is in material compliance with all applicable state and local laws, regulations, and permits.
   5.  A sports or exposition venue shall not be or become a private or public nuisance if the operators are conducting the sports or exposition venue operation in a manner consistent with commonly accepted practice. If the sports or exposition venue operation is in material compliance with all applicable federal, state, and local laws, regulations, and permits, the sports or exposition venue operation shall be presumed to be conducted in a manner consistent with commonly accepted practices of sports or exposition venue operations.
   6.  a.  A sports or exposition venue shall not be considered a public or private nuisance if the sports or exposition venue makes a reasonable expansion, provided that the sports or exposition venue operation is in material compliance with all applicable state and federal laws, regulations, and permits.
   b.  For the purpose of this subsection, a reasonable expansion includes all of the following:
   (1)  Transfer of the sports or exposition venue operation.
   (2)  Purchase of additional land for the sports or exposition venue.
   (3)  Introducing technology to an existing sports or exposition venue operation, including new activities, practices, equipment, and procedures consistent with technological development within the sports or exposition venue industry.
   (4)  Any other change that is related and applied to an existing sports or exposition venue, so long as the change does not affect the sports or exposition venue’s compliance with applicable state and federal laws, regulations, and permits.
   c.  The reasonable expansion exemption provided by this subsection shall not apply to an expansion that:
   (1)  Creates a substantially adverse effect upon the environment.
   (2)  Creates a hazard to public health and safety.
   7.  If a sports or exposition venue operation situated outside of a municipality’s corporate boundaries is subsequently annexed or otherwise brought within the municipality’s corporate boundaries, the requirements of the municipality do not apply to the sports or exposition venue operation.
   8.  A sports or exposition venue operation shall not become a private or public nuisance after the sports or exposition venue has been in operation for more than one year, if the sports or exposition venue was not a nuisance at the time the operation began, and the conditions or circumstances complained of as constituting the basis for the nuisance action exist substantially unchanged since the established date of operation. For purposes of this subsection, the established date of operation is the date on which a sports or exposition venue operation commenced.
   9.  This section shall not apply in any of the following circumstances:
   a.  A nuisance action arises from the negligent operation of any such sports or exposition venue.
   b.  A nuisance action for recovery which arises from an injury or damages sustained by a person from a sports or exposition venue operation or portion of a sports venue operation that is conducted in violation of a federal, state, or local statute, regulation, ordinance, or governmental requirement that applies to the sports or exposition venue operation.
   10.  The protected status of a sports or exposition venue operation, once acquired, is assignable, alienable, and inheritable. The protected status of a sports or exposition venue operation, once acquired, shall not be waived by the temporary cessation of operations or by diminishing the size of the operation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to circumstances in which a sports or exposition venue operation is immune from nuisance actions for damages and provides for exceptions. The bill defines the term “sports or exposition venue”.
   The bill provides that a person is eligible to file a nuisance action to recover damages if the person is the majority owner of real property that is adversely affected by a competitive sporting event at the sports or exposition venue and the sports or exposition venue has materially violated a law.
   The bill provides that a venue that has been in operation for more than a year is not a nuisance as a result of a changed condition in the locality where the sports or exposition venue is located. The bill provides that this provision is an absolute defense provided that the sports and exposition venue operation is in compliance with all applicable laws, regulations, and permits.
   The bill prohibits a state or local agency from bringing an action against a sports or exposition venue operation for an activity that is in material compliance with all applicable laws, regulations, and permits.
   The bill provides that a sports or exposition venue operation shall not be deemed a nuisance if the sports or exposition venue is operated in a manner consistent with commonly accepted industry practice.
   The bill provides that a reasonable expansion of a sports or exposition venue operation shall not be considered grounds for a nuisance action against the sports or exposition venue. A reasonable expansion includes: the transfer of the sports or exposition venue operation, purchase of additional land for the sports or exposition venue, introducing technology to an existing sports or exposition venue, and any other change that is related and applied to an existing sports or exposition venue. A reasonable expansion does not include an expansion that creates a substantially adverse effect upon the environment or hazard to public health and safety.
   The bill provides that if a sports or exposition venue operation is annexed or brought within a municipality’s corporate boundaries of a municipality, the requirements of the municipality do not apply to the existing sports or exposition venue operation.
   The bill prohibits a sports or exposition venue operation from becoming a nuisance after it has been in operation for more than one year, if the operation was not a nuisance at the time the operation began, and the conditions or circumstances complained of as constituting the basis for the nuisance action exist substantially unchanged since the established date of operation.
   The bill does not apply to any nuisance action arising from a negligent operation of such sports or exposition venue or a nuisance action arising from injuries or damages sustained from violation of law, regulation, ordinance, or requirements that applies motor sports or exposition venues by the sports or exposition venue.
   The bill provides that protected status of a sports or exposition venue operation may not be waived once acquired but is assignable, alienable, and inheritable.