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
Iowa General Assembly
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