Bill Text: IA SF428 | 2015-2016 | 86th General Assembly | Introduced

Iowa Senate Bill 428 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to an exemption from municipal tort liability for claims arising from recreational activities on municipality-controlled property. (Formerly SSB 1247.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-03-23 - Withdrawn. S.J. 678. [SF428 Detail]

Download: Iowa-2015-SF428-Introduced.html

Senate File 428 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1247)

                                      A BILL FOR

  1 An Act relating to an exemption from municipal tort liability
  2    for claims arising from recreational activities on
  3    municipality=controlled property.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2588SV (1) 86
    jh/rj

PAG LIN



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