Bill Text: IA HF158 | 2013-2014 | 85th General Assembly | Amended
Bill Title: A bill for an act providing for an exception to municipal tort liability for claims arising from sledding or tubing on municipality-controlled property.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-01-22 - Subcommittee, Hogg, Dvorsky, and Schneider. S.J. 97. [HF158 Detail]
Download: Iowa-2013-HF158-Amended.html
House
File
158
-
Reprinted
HOUSE
FILE
158
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
72)
(As
Amended
and
Passed
by
the
House
February
13,
2013
)
A
BILL
FOR
An
Act
providing
for
an
exception
to
municipal
tort
1
liability
for
claims
arising
from
sledding
or
tubing
on
2
municipality-controlled
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
158
(3)
85
rh/rj/md
H.F.
158
Section
1.
Section
670.4,
subsections
14
and
15,
Code
2013,
1
are
amended
to
read
as
follows:
2
14.
Any
claim
based
upon
or
arising
out
of
a
claim
of
3
negligent
design
or
specification,
negligent
adoption
of
design
4
or
specification,
or
negligent
construction
or
reconstruction
5
of
a
public
facility
designed
for
purposes
of
skateboarding,
6
in-line
skating,
bicycling,
unicycling,
scootering,
river
7
rafting,
canoeing,
or
kayaking
,
tubing
or
sledding
that
was
8
constructed
or
reconstructed,
reasonably
and
in
good
faith,
9
in
accordance
with
generally
recognized
engineering
or
safety
10
standards
or
design
theories
in
existence
at
the
time
of
the
11
construction
or
reconstruction.
12
15.
Any
claim
based
upon
or
arising
out
of
an
act
or
13
omission
of
an
officer
or
employee
of
the
municipality
or
14
the
municipality’s
governing
body
by
a
person
skateboarding,
15
in-line
skating,
bicycling,
unicycling,
scootering,
river
16
rafting,
canoeing,
or
kayaking
,
tubing
or
sledding
on
public
17
property
when
the
person
knew
or
reasonably
should
have
known
18
that
the
skateboarding,
in-line
skating,
bicycling,
unicycling,
19
scootering,
river
rafting,
canoeing,
or
kayaking
,
tubing
or
20
sledding
created
a
substantial
risk
of
injury
to
the
person
21
and
was
voluntarily
in
the
place
of
risk.
The
exemption
from
22
liability
contained
in
this
subsection
shall
only
apply
to
23
claims
for
injuries
or
damage
resulting
from
the
risks
inherent
24
in
the
activities
of
skateboarding,
in-line
skating,
bicycling,
25
unicycling,
scootering,
river
rafting,
canoeing,
or
kayaking
,
26
tubing
or
sledding
.
27
-1-
HF
158
(3)
85
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1/
1