House File 230 - Introduced HOUSE FILE 230 BY BODEN 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: 3 TLSB 1685YH (3) 91 cm/jh
H.F. 230 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 venues 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 35 -1- LSB 1685YH (3) 91 cm/jh 1/ 5
H.F. 230 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 venues 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 municipalitys corporate boundaries is 33 subsequently annexed or otherwise brought within the 34 municipalitys corporate boundaries, the requirements of the 35 -2- LSB 1685YH (3) 91 cm/jh 2/ 5
H.F. 230 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 explanations 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 35 -3- LSB 1685YH (3) 91 cm/jh 3/ 5
H.F. 230 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 municipalitys 35 -4- LSB 1685YH (3) 91 cm/jh 4/ 5
H.F. 230 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. 19 -5- LSB 1685YH (3) 91 cm/jh 5/ 5