HF 158 (LSB 1440HV (3) 85)

HOUSE FILE 158

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 72)

(As Amended and Passed by the House 2013-02-13)

A BILL FOR

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

    Section 1.  Section 670.4, subsections 14 and 15, Code 2013, are amended to read as follows:
   14.  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.
   15.  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 subsection 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.