SF 210 (LSB 1565XS (4) 87)

SENATE FILE 210

BY  ZUMBACH

A BILL FOR

An Act barring claims against county or district fairs for damages arising out of the transmission of pathogens from certain animals housed on the fairgrounds.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 673.1, Code 2017, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  “Domesticated animal pathogen” or “pathogen” means a microorganism, biological agent, or toxin causing disease, illness, or death to a human, if the microorganism, biological agent, or toxin is primarily transmitted by human contact with a domesticated animal, manure from a domesticated animal, or other excretions or body fluids from a domesticated animal.
   NEW SUBSECTION.  5B.  “Domesticated animal premises” or “premises” means a location under the management or control of a domesticated animal activity sponsor where domesticated animals are regularly kept for three or more consecutive hours.
    Sec. 2.  NEW SECTION.  673.4  Fairs —— domesticated animal premises —— liability.
   1.  A fair conducting a fair event under chapter 174 is not liable for damages arising from a claim by a spectator alleging injury or death caused by a domesticated animal pathogen transmitted at a domesticated animal premises located on the fairgrounds. This subsection applies regardless of whether a domesticated animal is present on the domesticated animal premises, when the domesticated animal pathogen is transmitted, or whether a domesticated animal present on the domesticated animal premises is engaged in a domesticated animal activity.
   2.  a.  Subsection 1 does not apply to the extent that the spectator proves that the fair failed to post a warning sign at a conspicuous place at the domesticated animal premises as required in section 673.5.
   b.  Proof of the fair’s failure to post a warning sign under paragraph “a” shall not constitute proof of a fair’s liability for damages alleged by a spectator as described in subsection 1.
    Sec. 3.  NEW SECTION.  673.5  Warning sign —— notice.
   A fair conducting a fair event under chapter 174 shall post a warning sign at a conspicuous place on any domesticated animal premises located on the fairgrounds. The warning sign shall be clearly visible to a person visiting the premises for the first time. The sign shall have a white background and the sign’s notice shall be printed in black letters a minimum of one inch high in the following form:
WARNING
DOMESTICATED ANIMAL PREMISES
   Under Iowa Code chapter 673, a county or district fair is not liable for a domesticated animal pathogen transmitted from this domesticated animal premises. Take necessary sanitary precautions including by not touching your face or consuming food or water until thoroughly cleansing and drying your hands after your visit. As soon as possible after your visit, thoroughly cleanse your hands using an appropriate soap and water and thoroughly dry them after cleansing.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill provides that a county or district fair is not liable for damages sought by a person who alleges an injury or death caused by a pathogen transmitted from a location at a fair event where an animal is kept for more than three hours.
   TERMS. For purposes of the bill, a person visiting the location is referred to as a “spectator”. An animal is limited to livestock, domesticated deer, llamas, and rabbits and is referred to as a “domesticated animal”. A pathogen is a microorganism, biological agent, or toxin causing disease, illness, or death, carried by a domesticated animal, and is referred to as a “domesticated animal pathogen”. The location where the domesticated animal is kept is referred to as a “domesticated animal premises”.
   REQUIREMENTS. The bill requires a fair to post a conspicuously placed warning sign notifying spectators they must use necessary sanitary precautions during and after the visit. The bill also provides that a fair’s failure to post the sign does not constitute proof of the fair’s liability.
   BACKGROUND. The bill amends Code chapter 673 which limits the liability of a person termed a “domesticated animal activity sponsor”, including a county or district fair, from being liable to a spectator for assuming inherent risks of physical injury or death caused by a domesticated animal while engaged in an activity normally associated with that animal (e.g., horseback riding), and referred to as a “domesticated animal activity”.