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House Journal: Page 348: Tuesday, February 18, 1997

11     3.  Page 4, by striking lines 1 through 21 and
12   inserting the following:
13     "A person, including a domesticated animal
14   professional, domesticated animal activity sponsor,
15   the owner of the domesticated animal, or a person
16   exhibiting the domesticated animal, is not liable for
17   the damages, injury, or death suffered by a
18   participant or spectator resulting from the inherent
19   risks of a domesticated animal activity.  This section
20   shall not apply to the extent that the claim for
21   damages, injury, or death is caused by any of the
22   following:
23     1.  An act committed intentionally or while under
24   the influence of an alcoholic beverage or other drug
25   or a combination of such substances which causes
26   damages, injury, or death.
27     2.  The use of equipment or tack used in the
28   domesticated animal activity which the defendant
29   provided to a participant, if the defendant knew or
30   reasonably should have known that the equipment or
31   tack was faulty or defective.
32     3.  The failure to notify a participant of a
33   dangerous latent condition on real property in which
34   the defendant holds an interest, which is known or
35   should have been known.  The notice may be made by
36   posting a clearly visible warning sign on the
37   property.
38     4.  A domesticated animal activity which occurs in
39   a place designated or intended by an animal activity
40   sponsor as a place for persons who are not
41   participants to be present.
42     5.  A domesticated animal activity which causes
43   damages, injury, or death to a spectator who is in a
44   place where a reasonable person who is alert to
45   inherent risks of domestic animal activities would not
46   expect a domesticated animal activity to occur."
47     4.  By renumbering as necessary.
Kreiman of Davis offered the following amendment H-1038, to
amendment H-1029, filed by him from the floor and moved its
adoption:

H-1038

 1     Amend the amendment, H-1029, to House File 132 as
 2   follows:
 3     1.  Page 1, line 23, by inserting after the word
 4   "intentionally" the following:  ", recklessly,".
Amendment H-1038, to amendment H-1029, was adopted.
On motion by Greig of Emmet the committee amendment H-1029, as
amended, was adopted.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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