Text: S03445 Text: S03447 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 103, as passed by the House, as 1 2 follows: 1 3 #1. By striking page 1, line 23 through page 3, 1 4 line 20. 1 5 #2. Page 4, by striking lines 4 through 8. 1 6 #3. Page 4, by striking lines 9 through 13 and 1 7 inserting the following: 1 8 " . "Participant" means a person who engages in 1 9 an activity involving one or more domesticated 1 10 animals, regardless of whether the person pays or 1 11 receives compensation. A participant does not include 1 12 a person who is a spectator, except when the person is 1 13 in an area specifically prohibited to spectators and 1 14 has been warned not to be in that area." 1 15 #4. Page 4, by striking lines 15 through 21 and 1 16 inserting the following: 1 17 "1. A nonprofit organization sponsoring an 1 18 activity involving one or more domesticated animals, 1 19 shall not be liable for damage, injury, or death 1 20 suffered by a participant during the course of that 1 21 domesticated animal activity when all of the following 1 22 occur: 1 23 a. The damage, injury, or death suffered by the 1 24 participant results solely from the inherent risks of 1 25 a domesticated animal activity. 1 26 b. The nonprofit organization complied with the 1 27 notice requirements of section 673.3. 1 28 c. The participant signed a release substantially 1 29 in the following form: 1 30 A number of inherent risks are associated with 1 31 activities involving domesticated animals. A 1 32 domesticated animal may behave in a manner that 1 33 results in damages to property or an injury or death 1 34 to a person. Risks associated with the activity may 1 35 include injuries caused by bucking, biting, stumbling, 1 36 rearing, trampling, scratching, pecking, falling, or 1 37 butting. 1 38 The animal may act unpredictably to conditions, 1 39 including, but not limited to, a sudden movement; a 1 40 loud noise; an unfamiliar environment; or the 1 41 introduction of unfamiliar persons, animals, or 1 42 objects. 1 43 The animal may also react in a dangerous manner 1 44 when a condition or treatment is considered hazardous 1 45 to the welfare of the domesticated animal or a 1 46 collision occurs with an object or animal. 1 47 My signature below evidences that I understand that 1 48 there are inherent risks associated with activities 1 49 involving domesticated animals and I willingly accept 1 50 those inherent risks while participating in the 2 1 following listed activity, at the following listed 2 2 location, for the following listed period of time." 2 3 #5. Page 5, by striking lines 2 through 4 and 2 4 inserting the following: "same type of domesticated 2 5 animal activity." 2 6 #6. By striking page 5, line 13 through page 6, 2 7 line 19 and inserting the following: 2 8 "A nonprofit organization shall post and maintain a 2 9 sign on real property in which the nonprofit 2 10 organization holds an interest, if the nonprofit 2 11 organization conducts domesticated animal activities 2 12 on the property. The location of the sign may be near 2 13 or on a stable, corral, or arena owned or controlled 2 14 by the nonprofit organization. The sign must be 2 15 clearly visible to the participant. This section does 2 16 not require a sign to be posted on a domesticated 2 17 animal or a vehicle powered by a domesticated animal. 2 18 The notice shall appear in black letters a minimum of 2 19 one inch high and in the following form: 2 20 WARNING 2 21 Under Iowa law, a nonprofit organization is not liable 2 22 for damages suffered by, for an injury to, or for the 2 23 death of a participant resulting from the inherent 2 24 risks of domesticated animal activities, pursuant to 2 25 Iowa Code chapter 673. You are assuming the inherent 2 26 risks of participating in this domesticated animal 2 27 activity. 2 28 Sec. . COMMISSIONER OF INSURANCE &endash; STUDY AND 2 29 CURE OF COVERAGE PROBLEMS. The commissioner of 2 30 insurance shall conduct a closed claim study to 2 31 determine the number, severity, and outcome of any and 2 32 all insurance claims arising out of damage, injury, or 2 33 death suffered by participants in domesticated animal 2 34 activities sponsored by nonprofit organizations and 2 35 for-profit organizations between January 1, 1988, and 2 36 December 31, 1993. The commissioner shall also study, 2 37 for the period between January 1, 1988, and December 2 38 31, 1995, the accessibility and cost of policies 2 39 available to nonprofit and for-profit organizations to 2 40 insure themselves with regard to damages, injuries, or 2 41 deaths suffered by participants in domesticated animal 2 42 activities sponsored by such organizations. The 2 43 commissioner shall report the findings of the study to 2 44 the general assembly no later than December 31, 1995. 2 45 The commissioner shall also take steps to cure any 2 46 other coverage problems that are identified during the 2 47 course of the study." 2 48 2 49 2 50 3 1 TOM VILSACK 3 2 HF 103.301 76 3 3 da/cf
Text: S03445 Text: S03447 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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