Bill Text: IA SSB1081 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act providing an exemption from liability under the Iowa municipal tort claims Act for an officer or employee of a school district or local school board from a claim related to a person's participation in an extracurricular activity not sponsored by the school on school grounds.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-01-22 - Judiciary: Horn Chair,Schneider, and Sodders. [SSB1081 Detail]
Download: Iowa-2015-SSB1081-Introduced.html
Senate
Study
Bill
1081
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
providing
an
exemption
from
liability
under
the
Iowa
1
municipal
tort
claims
Act
for
an
officer
or
employee
of
a
2
school
district
or
local
school
board
from
a
claim
related
3
to
a
person’s
participation
in
an
extracurricular
activity
4
not
sponsored
by
the
school
on
school
grounds.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
670.4,
subsection
1,
Code
2015,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
p.
Any
claim
based
upon
an
act
or
omission
3
by
a
local
school
board
or
an
officer
or
employee
of
a
school
4
district
or
a
local
school
board,
where
the
injuries
or
damage
5
occurred
due
to
a
person’s
participation
in
an
extracurricular
6
activity
not
sponsored
by
the
school
on
school
grounds.
7
This
paragraph
shall
not
apply
to
claims
based
upon
gross
8
negligence.
For
purposes
of
this
paragraph,
“school
grounds”
9
means
real
property,
and
any
school
buildings,
attendance
10
centers,
accessory
buildings,
structures,
and
improvements
11
thereon,
owned,
leased,
or
rented
by
a
school
district
and
used
12
primarily
for
public
school
purposes.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
Under
Code
chapter
670,
the
Iowa
municipal
tort
claims
17
Act
(IMTCA),
every
municipality
(defined
as
a
city,
county,
18
township,
school
district,
and
any
other
unit
of
local
19
government
except
soil
and
water
conservation
districts)
20
is
subject
to
liability
for
its
torts
and
those
of
its
21
officers
and
employees
acting
within
the
scope
of
their
22
employment
or
duties,
whether
arising
out
of
a
governmental
23
or
proprietary
function,
except
as
otherwise
provided
in
the
24
IMTCA.
Municipalities
are
required
to
defend,
hold
harmless,
25
and
indemnify
municipal
officers
and
employees
from
any
claims
26
occurring
within
the
scope
of
their
employment
or
duties.
27
Municipal
officers
and
employees
under
Code
section
670.12
are
28
not
liable
for
such
exempted
claims
unless
actual
malice
or
29
willful,
wanton,
and
reckless
misconduct
is
proven.
The
IMTCA
30
currently
contains
15
exclusions
from
liability
for
certain
31
types
of
claims.
32
This
bill
adds
an
additional
exclusion
from
liability
under
33
the
IMTCA.
The
bill
excludes
any
claim
based
upon
an
act
or
34
omission
by
an
officer
or
employee
of
a
school
district
or
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a
local
school
board,
or
a
school
board
itself,
where
the
1
injuries
or
damage
occurred
due
to
a
person’s
participation
2
in
an
extracurricular
activity
not
sponsored
by
the
school
on
3
school
grounds,
except
for
claims
based
on
gross
negligence.
4
“School
grounds”
means
real
property,
and
any
school
buildings,
5
attendance
centers,
accessory
buildings,
structures,
and
6
improvements
thereon,
owned,
leased,
or
rented
by
a
school
7
district
and
used
primarily
for
public
school
purposes.
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