Read the full stored bill text
Senate
File
495
-
Introduced
SENATE
FILE
495
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SF
279)
(COMPANION
TO
HF
645
BY
COMMITTEE
ON
LOCAL
GOVERNMENT)
A
BILL
FOR
An
Act
relating
to
nuisance
actions
against
sports
or
1
exposition
venues.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
657.13
Sport
and
exposition
venues
1
——
immunity.
2
1.
As
used
in
this
section,
“sports
or
exposition
venue”
3
means
a
venue
where
competitive
sporting
events
occur
4
involving
motorized
vehicles,
whether
for
racing
or
nonracing
5
competition,
or
competitive
athletic
events,
and
also
includes
6
large
public
exhibitions
of
art
or
trade
goods,
trade
fairs,
7
display
shows,
presentation,
and
demonstration
exhibits,
8
and
includes
the
venue’s
owners,
agents,
employees,
and
9
contractors.
10
2.
A
person
shall
not
file
a
nuisance
action
to
recover
11
damages
in
which
an
event
at
a
sports
or
exposition
venue
is
12
alleged
to
be
a
public
or
private
nuisance
unless
all
of
the
13
following
are
true:
14
a.
The
person
is
the
majority
owner
of
the
real
property
15
allegedly
adversely
affected
by
a
competitive
sporting
or
16
exposition
event.
17
b.
The
sporting
or
exposition
event
has
materially
violated
18
a
federal,
state,
or
local
law.
19
3.
A
sports
or
exposition
venue
within
the
state
which
has
20
been
in
operation
for
a
period
of
more
than
one
year
shall
not
21
be
considered
a
public
or
private
nuisance
as
the
result
of
a
22
changed
condition
in
or
about
the
locality
where
the
sports
23
or
exposition
venue
is
located.
In
any
public
or
private
24
nuisance
action
against
a
sports
or
exposition
venue,
proof
25
that
the
sports
or
exposition
venue
has
operated
for
one
or
26
more
years
is
an
absolute
defense
to
the
action,
provided
that
27
the
operation
is
in
compliance
with
all
applicable
federal,
28
state,
and
local
laws,
regulations,
and
permits.
29
4.
A
state
or
local
agency
shall
not
bring
a
criminal
30
or
civil
action
against
a
sports
or
exposition
venue
for
an
31
activity
that
is
in
material
compliance
with
all
applicable
32
state
and
local
laws,
regulations,
and
permits.
33
5.
A
sports
or
exposition
venue
shall
not
be
or
become
a
34
private
or
public
nuisance
if
the
operators
are
conducting
the
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sports
or
exposition
venue
operation
in
a
manner
consistent
1
with
commonly
accepted
practice.
If
the
sports
or
exposition
2
venue
operation
is
in
material
compliance
with
all
applicable
3
federal,
state,
and
local
laws,
regulations,
and
permits,
the
4
sports
or
exposition
venue
operation
shall
be
presumed
to
5
be
conducted
in
a
manner
consistent
with
commonly
accepted
6
practices
of
sports
or
exposition
venue
operations.
7
6.
a.
A
sports
or
exposition
venue
shall
not
be
considered
8
a
public
or
private
nuisance
if
the
sports
or
exposition
venue
9
makes
a
reasonable
expansion,
provided
that
the
sports
or
10
exposition
venue
operation
is
in
material
compliance
with
all
11
applicable
state
and
federal
laws,
regulations,
and
permits.
12
b.
For
the
purpose
of
this
subsection,
a
reasonable
13
expansion
includes
all
of
the
following:
14
(1)
Transfer
of
the
sports
or
exposition
venue
operation.
15
(2)
Purchase
of
additional
land
for
the
sports
or
exposition
16
venue.
17
(3)
Introducing
technology
to
an
existing
sports
or
18
exposition
venue
operation,
including
new
activities,
19
practices,
equipment,
and
procedures
consistent
with
20
technological
development
within
the
sports
or
exposition
venue
21
industry.
22
(4)
Any
other
change
that
is
related
and
applied
to
an
23
existing
sports
or
exposition
venue,
so
long
as
the
change
does
24
not
affect
the
sports
or
exposition
venue’s
compliance
with
25
applicable
state
and
federal
laws,
regulations,
and
permits.
26
c.
The
reasonable
expansion
exemption
provided
by
this
27
subsection
shall
not
apply
to
an
expansion
that:
28
(1)
Creates
a
substantially
adverse
effect
upon
the
29
environment.
30
(2)
Creates
a
hazard
to
public
health
and
safety.
31
7.
If
a
sports
or
exposition
venue
operation
situated
32
outside
of
a
municipality’s
corporate
boundaries
is
33
subsequently
annexed
or
otherwise
brought
within
the
34
municipality’s
corporate
boundaries,
the
requirements
of
the
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municipality
do
not
apply
to
the
sports
or
exposition
venue
1
operation.
2
8.
A
sports
or
exposition
venue
operation
shall
not
become
3
a
private
or
public
nuisance
after
the
sports
or
exposition
4
venue
has
been
in
operation
for
more
than
one
year,
if
the
5
sports
or
exposition
venue
was
not
a
nuisance
at
the
time
6
the
operation
began,
and
the
conditions
or
circumstances
7
complained
of
as
constituting
the
basis
for
the
nuisance
action
8
exist
substantially
unchanged
since
the
established
date
of
9
operation.
For
purposes
of
this
subsection,
the
established
10
date
of
operation
is
the
date
on
which
a
sports
or
exposition
11
venue
operation
commenced.
12
9.
This
section
shall
not
apply
in
any
of
the
following
13
circumstances:
14
a.
A
nuisance
action
arises
from
the
negligent
operation
of
15
any
such
sports
or
exposition
venue.
16
b.
A
nuisance
action
for
recovery
which
arises
from
an
17
injury
or
damages
sustained
by
a
person
from
a
sports
or
18
exposition
venue
operation
or
portion
of
a
sports
venue
19
operation
that
is
conducted
in
violation
of
a
federal,
state,
20
or
local
statute,
regulation,
ordinance,
or
governmental
21
requirement
that
applies
to
the
sports
or
exposition
venue
22
operation.
23
10.
The
protected
status
of
a
sports
or
exposition
venue
24
operation,
once
acquired,
is
assignable,
alienable,
and
25
inheritable.
The
protected
status
of
a
sports
or
exposition
26
venue
operation,
once
acquired,
shall
not
be
waived
by
the
27
temporary
cessation
of
operations
or
by
diminishing
the
size
28
of
the
operation.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
circumstances
in
which
a
sports
or
33
exposition
venue
operation
is
immune
from
nuisance
actions
for
34
damages
and
provides
for
exceptions.
The
bill
defines
the
term
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“sports
or
exposition
venue”.
1
The
bill
provides
that
a
person
is
eligible
to
file
a
2
nuisance
action
to
recover
damages
if
the
person
is
the
3
majority
owner
of
real
property
that
is
adversely
affected
by
a
4
competitive
sporting
event
at
the
sports
or
exposition
venue
5
and
the
sports
or
exposition
venue
has
materially
violated
a
6
law.
7
The
bill
provides
that
a
venue
that
has
been
in
operation
8
for
more
than
a
year
is
not
a
nuisance
as
a
result
of
a
changed
9
condition
in
the
locality
where
the
sports
or
exposition
10
venue
is
located.
The
bill
provides
that
this
provision
is
11
an
absolute
defense
provided
that
the
sports
and
exposition
12
venue
operation
is
in
compliance
with
all
applicable
laws,
13
regulations,
and
permits.
14
The
bill
prohibits
a
state
or
local
agency
from
bringing
an
15
action
against
a
sports
or
exposition
venue
operation
for
an
16
activity
that
is
in
material
compliance
with
all
applicable
17
laws,
regulations,
and
permits.
18
The
bill
provides
that
a
sports
or
exposition
venue
19
operation
shall
not
be
deemed
a
nuisance
if
the
sports
or
20
exposition
venue
is
operated
in
a
manner
consistent
with
21
commonly
accepted
industry
practice.
22
The
bill
provides
that
a
reasonable
expansion
of
a
sports
23
or
exposition
venue
operation
shall
not
be
considered
grounds
24
for
a
nuisance
action
against
the
sports
or
exposition
venue.
25
A
reasonable
expansion
includes:
the
transfer
of
the
sports
26
or
exposition
venue
operation,
purchase
of
additional
land
27
for
the
sports
or
exposition
venue,
introducing
technology
28
to
an
existing
sports
or
exposition
venue,
and
any
other
29
change
that
is
related
and
applied
to
an
existing
sports
or
30
exposition
venue.
A
reasonable
expansion
does
not
include
an
31
expansion
that
creates
a
substantially
adverse
effect
upon
the
32
environment
or
hazard
to
public
health
and
safety.
33
The
bill
provides
that
if
a
sports
or
exposition
venue
34
operation
is
annexed
or
brought
within
a
municipality’s
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corporate
boundaries
of
a
municipality,
the
requirements
of
the
1
municipality
do
not
apply
to
the
existing
sports
or
exposition
2
venue
operation.
3
The
bill
prohibits
a
sports
or
exposition
venue
operation
4
from
becoming
a
nuisance
after
it
has
been
in
operation
for
5
more
than
one
year,
if
the
operation
was
not
a
nuisance
at
the
6
time
the
operation
began,
and
the
conditions
or
circumstances
7
complained
of
as
constituting
the
basis
for
the
nuisance
action
8
exist
substantially
unchanged
since
the
established
date
of
9
operation.
10
The
bill
does
not
apply
to
any
nuisance
action
arising
from
11
a
negligent
operation
of
such
sports
or
exposition
venue
or
12
a
nuisance
action
arising
from
injuries
or
damages
sustained
13
from
violation
of
law,
regulation,
ordinance,
or
requirements
14
that
applies
motor
sports
or
exposition
venues
by
the
sports
or
15
exposition
venue.
16
The
bill
provides
that
protected
status
of
a
sports
or
17
exposition
venue
operation
may
not
be
waived
once
acquired
but
18
is
assignable,
alienable,
and
inheritable.
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