S.F. _____ Section 1. NEW SECTION . 461C.10 Limitation on liability. 1 The limitation on legal liability provided in this chapter 2 is in addition to any other limitation of legal liability 3 otherwise provided by law, including as provided in chapters 4 673 and 673A. 5 Sec. 2. NEW SECTION . 673.6 Limitation on liability. 6 The limitation on legal liability provided in this chapter 7 is in addition to any other limitation of legal liability 8 otherwise provided by law, including as provided in chapters 9 461C and 673A. 10 Sec. 3. NEW SECTION . 673A.1 Short title. 11 This chapter shall be known and may be cited as the “Iowa 12 Agricultural Tourism Promotion Act” . 13 Sec. 4. NEW SECTION . 673A.2 Purpose. 14 1. The general assembly finds all of the following: 15 a. Agriculture is a vital part of this state’s economy, 16 culture, and history. 17 b. An increasing number of Iowans are removed from 18 day-to-day farm life and associated agricultural experiences. 19 c. Agricultural tourism provides a valuable opportunity 20 for the general public to understand farm life and associated 21 agricultural experiences. 22 d. Farming includes a number of hazards which cannot 23 be removed for the benefit of visitors to a farm without 24 detracting from the farm experience visitors receive, including 25 the daily experience of working on a farm. 26 2. The general assembly declares that uncertainty regarding 27 the potential liability associated with places on a farm and 28 the inherent risks of farming have a negative impact upon the 29 establishment and success of agricultural tourism and its 30 benefits to the people of this state. 31 Sec. 5. NEW SECTION . 673A.3 Definitions. 32 As used in this chapter, unless the context otherwise 33 requires: 34 1. “Agricultural tourism farm” means a farm to which 35 -1- LSB 1582XC (4) 89 da/ns 1/ 9

S.F. _____ members of the public are invited to visit by or on behalf 1 of an agricultural tourism farmer or agricultural tourism 2 professional, for the purpose of allowing members of the public 3 to experience places on a farm and participate in farming 4 activities, regardless of whether a member of the public pays 5 for the visit. 6 2. “Agricultural tourism farmer” means a farmer who owns or 7 leases an agricultural tourism farm. 8 3. “Agricultural tourism professional” means a person who 9 is engaged in managing a visit by a member of the public to an 10 agricultural tourism farm, including any agricultural tourism 11 activity conducted on the premises of an agricultural tourism 12 farm, regardless of whether the person receives compensation. 13 4. a. “Agricultural tourist” means a person who enters 14 on to the premises of an agricultural tourism farm as a 15 visitor to experience places on the farm and participate in 16 farming activities pursuant to an invitation by or on behalf 17 of an agricultural tourism farmer or agricultural tourism 18 professional, regardless of whether the person provides 19 compensation in exchange for the visit. 20 b. “Agricultural tourist” does not mean any of the 21 following: 22 (1) An employee of, agent of, or person receiving 23 compensation from an agricultural tourism farmer, agricultural 24 tourism professional, or person engaged in farming the 25 agricultural tourism farm. 26 (2) (a) A family member of an agricultural tourism farmer, 27 agricultural tourism professional, or person engaged in farming 28 the agricultural tourism farm. 29 (b) As used in subparagraph division (a), “family member” 30 means a spouse, child, grandchild, parent, sibling, niece, or 31 nephew, or the spouse of a child, grandchild, parent, sibling, 32 niece, or nephew. 33 (3) A social guest of an agricultural tourism farmer, 34 agricultural tourism professional, or person engaged in farming 35 -2- LSB 1582XC (4) 89 da/ns 2/ 9

S.F. _____ the agricultural tourism farm. 1 5. “Claim” means a claim, counterclaim, cross-claim, 2 complaint, cross-complaint, or cause of action recognized by 3 the Iowa rules of civil procedure and brought in court on 4 account of allegation of an injury, loss, or death. 5 6. a. “Farm” means land, including buildings or other 6 structures, and improvements used to produce or process a farm 7 commodity, if all of the following apply: 8 (1) The land includes at least forty contiguous acres of 9 land used for farming. 10 (2) The land includes a homestead as defined in section 11 425.17. 12 (3) The land is owned or leased by a farmer. 13 (4) At least ten thousand dollars was generated from the 14 production of farm commodities produced on the land in the last 15 year. 16 b. “Farm” includes but is not limited to a farm field, 17 orchard, nursery, greenhouse, garden, elevator, seedhouse, 18 barn, warehouse, animal feeding operation structure, winery, 19 brewery, distillery, or any personal property located on the 20 land including machinery or equipment used in the production of 21 a farm commodity. 22 7. “Farm animal” means any of the following: 23 a. An animal belonging to the bovine, caprine, ovine, 24 or porcine species; farm deer as defined in section 170.1; 25 ostriches, rheas, or emus; turkeys, chickens, or other poultry; 26 fish or other aquatic organisms confined in private waters for 27 human consumption; or bees. 28 b. A horse, pony, mule, jenny, donkey, or hinny. 29 8. “Farm commodity” means a farm crop or farm animal 30 produced or maintained on a farm. 31 9. “Farm crop” means a plant used for food, animal feed, 32 fiber, or oil, including any of the following: 33 a. A forage or cereal plant, including but not limited to 34 alfalfa, barley, buckwheat, corn, flax, forage, millet, oats, 35 -3- LSB 1582XC (4) 89 da/ns 3/ 9

S.F. _____ popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses 1 used for forage or silage. 2 b. A fruit, including but not limited to apples, peaches, or 3 grapes, a berry, a tuber, or a vegetable. 4 10. “Farmer” means a person who holds any of the following: 5 a. An ownership or leasehold interest in land used for 6 farming. 7 b. An equity interest in a business entity that holds land 8 for use in farming as any of the following: 9 (1) A family farm corporation, authorized farm corporation, 10 family farm limited partnership, limited partnership, family 11 farm limited liability company, authorized limited liability 12 company, family trust, or authorized trust, all as defined in 13 section 9H.1. 14 (2) A limited liability partnership as defined in section 15 486A.101. 16 11. “Farming” means to do any of the following: 17 a. Produce a farm commodity, including by doing any of the 18 following: 19 (1) Planting, nurturing, maintaining, inspecting, 20 exhibiting, harvesting, handling, storing, or moving a farm 21 crop. 22 (2) Producing, breeding, maintaining, handling, confining, 23 moving, inspecting, or exhibiting a farm animal. 24 b. Engage in an on-farm processing operation in which 25 the form or condition of a farm commodity originating from 26 the farm is changed and prepared or packaged for human use, 27 including but not limited to a dairy, creamery, winery, 28 brewery, distillery, cannery, bakery, butcher shop, smokehouse, 29 or tannery. 30 12. a. “Inherent risk of farming” means a danger or hazard 31 that is an integral part of being in a particular place on a 32 farm or participating in a specific farming activity, if the 33 danger or hazard would be reasonably foreseeable by a person 34 generally familiar with that type of farm or farming activity. 35 -4- LSB 1582XC (4) 89 da/ns 4/ 9

S.F. _____ b. “Inherent risk of farming” includes but is not limited 1 to a condition or use of the land, including improvements, and 2 any machinery, equipment, or tack, employed in the production 3 or maintenance of farm commodities on the land, the processing 4 of commodities on the same land as they were produced, and the 5 behavior of farm animals or other domestic or wild animals 6 which are present on the land. 7 13. “Person engaged in farming” means an individual 8 contributing physical labor or making management decisions 9 related to any of the following: 10 a. The production or maintenance of a farm commodity on a 11 farm. 12 b. The on-farm processing of a farm commodity produced or 13 maintained on that same farm. 14 Sec. 6. NEW SECTION . 673A.4 Limitation on liability —— 15 inherent risk of farming. 16 1. Subject to the conditions of this chapter, an 17 agricultural tourism farmer, an agricultural tourism 18 professional, or a person engaged in farming the agricultural 19 tourism farm is not liable for any act or omission causing 20 injury, loss, or death suffered by an agricultural tourist if 21 all of the following apply: 22 a. The injury, loss, or death was caused while the 23 agricultural tourist was visiting the agricultural tourism 24 farm. 25 b. The act or omission that caused the injury, loss, or 26 death was associated with an inherent risk of farming. 27 2. Subject to the conditions of this chapter, an 28 agricultural tourism farmer, an agricultural tourism 29 professional, or a person engaged in farming on the 30 agricultural tourism farm is not liable for any injury, loss, 31 or death suffered by an agricultural tourist, if any of the 32 following apply: 33 a. The agricultural tourist contributed to the injury, 34 loss, or death of that agricultural tourist or to another 35 -5- LSB 1582XC (4) 89 da/ns 5/ 9

S.F. _____ agricultural tourist. 1 b. The agricultural tourist failed to comply with reasonable 2 verbal or written instructions or warnings provided by 3 the agricultural tourism farmer, the agricultural tourism 4 professional, or a person engaged in farming. 5 c. The injury, loss, or death occurred at a place where a 6 reasonable person would not enter as part of a visit to the 7 agricultural tourism farm. A legible and conspicuous notice 8 that the place is not part of a visit is sufficient to satisfy 9 this requirement. 10 Sec. 7. NEW SECTION . 673A.5 Limitation on liability —— 11 affirmative defense. 12 1. In any claim alleging an act or omission causing 13 injury, loss, or death suffered by an agricultural tourist on 14 an agricultural tourism farm, it is an affirmative defense 15 that an agricultural tourism farmer, an agricultural tourism 16 professional, or a person engaged in farming the agricultural 17 tourism farm is not liable pursuant to section 673A.4. 18 2. The affirmative defense described in subsection 1 is in 19 addition to any other limitation of legal liability otherwise 20 provided by law, including as provided in chapters 461C and 21 673. 22 Sec. 8. NEW SECTION . 673A.6 Limitation on liability —— 23 notice required. 24 1. As a condition of being able to plead an affirmative 25 defense as provided in section 673A.5, a notice of the inherent 26 risk of farming must have been provided to an agricultural 27 tourist prior to an alleged injury, loss, or death caused 28 by the agricultural tourism farmer, agricultural tourism 29 professional, or person engaged in farming the agricultural 30 tourism farm. 31 2. A notice required by this section must have been posted 32 on the premises of an agricultural tourism farm. The notice 33 must have been posted in a conspicuous location where the 34 agricultural tourist was first allowed to enter the premises of 35 -6- LSB 1582XC (4) 89 da/ns 6/ 9

S.F. _____ an agricultural tourism farm. The notice must have appeared in 1 black letters a minimum of one inch high and in the following 2 form: 3 IOWA AGRICULTURAL TOURISM PROMOTION ACT 4 IOWA CODE CHAPTER 673A 5 You are visiting a working farm as a participant who is 6 either observing or contributing to the success of farming 7 activities. Under Iowa law you are assuming liability for any 8 hazard that you may encounter. A hazard includes inherent risk 9 of participating in a farming activity or disregarding written 10 or verbal instructions. Farming includes dangerous conditions 11 present on land and in structures, unpredictable behavior 12 of farm animals, dangers associated with the operation of 13 equipment and machinery, and potential wrongful acts of another 14 visitor. Be careful. 15 3. A notice required by this section must have been included 16 in any written contract entered into by the agricultural 17 tourist and either the agricultural tourism farmer or 18 agricultural tourism professional. A notice required by 19 this section must have been included in any written waiver 20 which must be signed and dated by an agricultural tourist. 21 The notice must have included the same language provided in 22 subsection 2 and printed in twelve point boldface type. 23 Sec. 9. NEW SECTION . 673A.7 Limitation on liability —— 24 exceptions. 25 The limitation on liability provided in section 673A.4 and 26 the affirmative defense authorized under section 673A.5 do not 27 apply to the extent that all of the following conditions are 28 met: 29 1. An injury, loss, or death suffered by an agricultural 30 tourist was caused by the act or omission of an agricultural 31 tourism farmer, an agricultural tourism professional, or a 32 person engaged in farming on the agricultural tourism farm. 33 2. The act or omission described in subsection 1 was any of 34 the following: 35 -7- LSB 1582XC (4) 89 da/ns 7/ 9

S.F. _____ a. Illegal. 1 b. Intentional. 2 c. The result of willful misconduct, gross negligence or 3 incompetence amounting to such lack of care as to amount to 4 wanton neglect for the safety of another, or recklessness. 5 d. Due to intoxication by alcohol, a drug, or a combination 6 of such substances. 7 e. The result of a failure to notify an agricultural 8 tourist of a dangerous latent condition on the farm, including 9 a building or other structure, or equipment or machinery 10 regardless of whether it was operational, if the dangerous 11 latent condition was known or should have been known by 12 the agricultural tourism farmer or agricultural tourism 13 professional. 14 f. A condition or event existing at the agricultural 15 tourism farm that was not reasonably foreseeable by a person 16 generally familiar with farming, even though such condition or 17 farming activity would have been foreseeable at another type 18 of agricultural tourism farm. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill creates a new Code chapter 673A referred to as the 23 “Iowa Agricultural Tourism Promotion Act” (new Code section 24 673A.1). The bill limits the liability of certain persons 25 involved in agricultural tourism on a farm (agricultural 26 tourism farm) when a cause of action by a visitor to the farm 27 (agricultural tourist) alleges an injury, loss, or death due 28 to any of the following: (1) an inherent risk of farming 29 associated with a farming activity, (2) the failure of the 30 agricultural tourist to comply with an instruction while 31 visiting the farm, or (3) the injury, loss, or death occurred 32 at a place a reasonable person would not enter, which may be 33 based on a posted notice (new Code section 673A.4). 34 The bill provides that a farming activity includes both the 35 -8- LSB 1582XC (4) 89 da/ns 8/ 9

S.F. _____ production or maintenance of a farm commodity (farm animals 1 and crops) on the agricultural tourism farm and the on-farm 2 processing of a farm commodity produced or maintained on that 3 farm. The persons shielded from liability include a person 4 who owns or leases the agricultural tourism farm (agricultural 5 tourism farmer), a person engaged in managing the visit 6 (agricultural tourism professional), and a person contributing 7 labor or managerial decision making to the farm’s operation 8 (person engaged in farming) (new Code sections 673A.3 and 9 673A.4). As a condition of being able to plead an affirmative 10 defense to liability, a notice must be posted in a conspicuous 11 location where the agricultural tourist is first allowed to 12 enter the premises. The notice must also be placed in any 13 associated contract or waiver executed by the agricultural 14 tourist (new Code section 673A.6). 15 The bill provides for several exceptions to the shield 16 from liability, including if an act or omission was illegal; 17 intentional; the result of willful misconduct, gross negligence 18 or incompetence, or recklessness; due to intoxication; due to a 19 failure to notify an agricultural tourist of a dangerous latent 20 condition on the farm; or due to a condition or event existing 21 at the agricultural tourism farm that was not reasonably 22 foreseeable (new Code section 673A.7). 23 The bill provides that other statutes that shield liability 24 for an act or omission may be asserted in addition to the 25 shield created in the bill. This includes Code chapter 461C, 26 which limits liability of landholders who make land available 27 for recreational purposes and deer control, and Code chapter 28 673, which limits liability of persons involved in sponsoring 29 domestic animal events (e.g., fairs, rodeos, and expositions). 30 -9- LSB 1582XC (4) 89 da/ns 9/ 9