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Senate Study Bill 1153 - IntroducedA Bill ForAn Act 1limiting civil liability for persons involved in
2agricultural tourism.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 461C.10 Limitation on liability.
2The limitation on legal liability provided in this chapter
3is in addition to any other limitation of legal liability
4otherwise provided by law, including as provided in chapters
5673 and 673A.
6 Sec. 2. NEW SECTION. 673.6 Limitation on liability.
7The limitation on legal liability provided in this chapter
8is in addition to any other limitation of legal liability
9otherwise provided by law, including as provided in chapters
10461C and 673A.
11 Sec. 3. NEW SECTION. 673A.1 Short title.
12This chapter shall be known and may be cited as the “Iowa
13Agricultural Tourism Promotion Act”.
14 Sec. 4. NEW SECTION. 673A.2 Purpose.
151. The general assembly finds all of the following:
16a. Agriculture is a vital part of this state’s economy,
17culture, and history.
18b. An increasing number of Iowans are removed from
19day-to-day farm life and associated agricultural experiences.
20c. Agricultural tourism provides a valuable opportunity
21for the general public to understand farm life and associated
22agricultural experiences.
23d. Farming includes a number of hazards which cannot
24be removed for the benefit of visitors to a farm without
25detracting from the farm experience visitors receive, including
26the daily experience of working on a farm.
272. The general assembly declares that uncertainty regarding
28the potential liability associated with places on a farm and
29the inherent risks of farming have a negative impact upon the
30establishment and success of agricultural tourism and its
31benefits to the people of this state.
32 Sec. 5. NEW SECTION. 673A.3 Definitions.
33As used in this chapter, unless the context otherwise
34requires:
351. “Agricultural tourism farm” means a farm to which
-1-1members of the public are invited to visit by or on behalf
2of an agricultural tourism farmer or agricultural tourism
3professional, for the purpose of allowing members of the public
4to experience places on a farm and participate in farming
5activities, regardless of whether a member of the public pays
6for the visit.
72. “Agricultural tourism farmer” means a farmer who owns or
8leases an agricultural tourism farm.
93. “Agricultural tourism professional” means a person who
10is engaged in managing a visit by a member of the public to an
11agricultural tourism farm, including any agricultural tourism
12activity conducted on the premises of an agricultural tourism
13farm, regardless of whether the person receives compensation.
144. a. “Agricultural tourist” means a person who enters
15on to the premises of an agricultural tourism farm as a
16visitor to experience places on the farm and participate in
17farming activities pursuant to an invitation by or on behalf
18of an agricultural tourism farmer or agricultural tourism
19professional, regardless of whether the person provides
20compensation in exchange for the visit.
21b. “Agricultural tourist” does not mean any of the
22following:
23(1) An employee of, agent of, or person receiving
24compensation from an agricultural tourism farmer, agricultural
25tourism professional, or person engaged in farming the
26agricultural tourism farm.
27(2) (a) A family member of an agricultural tourism farmer,
28agricultural tourism professional, or person engaged in farming
29the agricultural tourism farm.
30(b) As used in subparagraph division (a), “family member”
31means a spouse, child, grandchild, parent, sibling, niece, or
32nephew, or the spouse of a child, grandchild, parent, sibling,
33niece, or nephew.
34(3) A social guest of an agricultural tourism farmer,
35agricultural tourism professional, or person engaged in farming
-2-1the agricultural tourism farm.
25. “Claim” means a claim, counterclaim, cross-claim,
3complaint, cross-complaint, or cause of action recognized by
4the Iowa rules of civil procedure and brought in court on
5account of allegation of an injury, loss, or death.
66. a. “Farm” means land, including buildings or other
7structures, and improvements used to produce or process a farm
8commodity, if all of the following apply:
9(1) The land includes at least forty contiguous acres of
10land used for farming.
11(2) The land includes a homestead as defined in section
12425.17.
13(3) The land is owned or leased by a farmer.
14(4) At least ten thousand dollars was generated from the
15production of farm commodities produced on the land in the last
16year.
17b. “Farm” includes but is not limited to a farm field,
18orchard, nursery, greenhouse, garden, elevator, seedhouse,
19barn, warehouse, animal feeding operation structure, winery,
20brewery, distillery, or any personal property located on the
21land including machinery or equipment used in the production of
22a farm commodity.
237. “Farm animal” means any of the following:
24a. An animal belonging to the bovine, caprine, ovine,
25or porcine species; farm deer as defined in section 170.1;
26ostriches, rheas, or emus; turkeys, chickens, or other poultry;
27fish or other aquatic organisms confined in private waters for
28human consumption; or bees.
29b. A horse, pony, mule, jenny, donkey, or hinny.
308. “Farm commodity” means a farm crop or farm animal
31produced or maintained on a farm.
329. “Farm crop” means a plant used for food, animal feed,
33fiber, or oil, including any of the following:
34a. A forage or cereal plant, including but not limited to
35alfalfa, barley, buckwheat, corn, flax, forage, millet, oats,
-3-1popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses
2used for forage or silage.
3b. A fruit, including but not limited to apples, peaches, or
4grapes, a berry, a tuber, or a vegetable.
510. “Farmer” means a person who holds any of the following:
6a. An ownership or leasehold interest in land used for
7farming.
8b. An equity interest in a business entity that holds land
9for use in farming as any of the following:
10(1) A family farm corporation, authorized farm corporation,
11family farm limited partnership, limited partnership, family
12farm limited liability company, authorized limited liability
13company, family trust, or authorized trust, all as defined in
14section 9H.1.
15(2) A limited liability partnership as defined in section
16486A.101.
1711. “Farming” means to do any of the following:
18a. Produce a farm commodity, including by doing any of the
19following:
20(1) Planting, nurturing, maintaining, inspecting,
21exhibiting, harvesting, handling, storing, or moving a farm
22crop.
23(2) Producing, breeding, maintaining, handling, confining,
24moving, inspecting, or exhibiting a farm animal.
25b. Engage in an on-farm processing operation in which
26the form or condition of a farm commodity originating from
27the farm is changed and prepared or packaged for human use,
28including but not limited to a dairy, creamery, winery,
29brewery, distillery, cannery, bakery, butcher shop, smokehouse,
30or tannery.
3112. a. “Inherent risk of farming” means a danger or hazard
32that is an integral part of being in a particular place on a
33farm or participating in a specific farming activity, if the
34danger or hazard would be reasonably foreseeable by a person
35generally familiar with that type of farm or farming activity.
-4- 1b. “Inherent risk of farming” includes but is not limited
2to a condition or use of the land, including improvements, and
3any machinery, equipment, or tack, employed in the production
4or maintenance of farm commodities on the land, the processing
5of commodities on the same land as they were produced, and the
6behavior of farm animals or other domestic or wild animals
7which are present on the land.
813. “Person engaged in farming” means an individual
9contributing physical labor or making management decisions
10related to any of the following:
11a. The production or maintenance of a farm commodity on a
12farm.
13b. The on-farm processing of a farm commodity produced or
14maintained on that same farm.
15 Sec. 6. NEW SECTION. 673A.4 Limitation on liability —
16inherent risk of farming.
171. Subject to the conditions of this chapter, an
18agricultural tourism farmer, an agricultural tourism
19professional, or a person engaged in farming the agricultural
20tourism farm is not liable for any act or omission causing
21injury, loss, or death suffered by an agricultural tourist if
22all of the following apply:
23a. The injury, loss, or death was caused while the
24agricultural tourist was visiting the agricultural tourism
25farm.
26b. The act or omission that caused the injury, loss, or
27death was associated with an inherent risk of farming.
282. Subject to the conditions of this chapter, an
29agricultural tourism farmer, an agricultural tourism
30professional, or a person engaged in farming on the
31agricultural tourism farm is not liable for any injury, loss,
32or death suffered by an agricultural tourist, if any of the
33following apply:
34a. The agricultural tourist contributed to the injury,
35loss, or death of that agricultural tourist or to another
-5-1agricultural tourist.
2b. The agricultural tourist failed to comply with reasonable
3verbal or written instructions or warnings provided by
4the agricultural tourism farmer, the agricultural tourism
5professional, or a person engaged in farming.
6c. The injury, loss, or death occurred at a place where a
7reasonable person would not enter as part of a visit to the
8agricultural tourism farm. A legible and conspicuous notice
9that the place is not part of a visit is sufficient to satisfy
10this requirement.
11 Sec. 7. NEW SECTION. 673A.5 Limitation on liability —
12affirmative defense.
131. In any claim alleging an act or omission causing
14injury, loss, or death suffered by an agricultural tourist on
15an agricultural tourism farm, it is an affirmative defense
16that an agricultural tourism farmer, an agricultural tourism
17professional, or a person engaged in farming the agricultural
18tourism farm is not liable pursuant to section 673A.4.
192. The affirmative defense described in subsection 1 is in
20addition to any other limitation of legal liability otherwise
21provided by law, including as provided in chapters 461C and
22673.
23 Sec. 8. NEW SECTION. 673A.6 Limitation on liability —
24notice required.
251. As a condition of being able to plead an affirmative
26defense as provided in section 673A.5, a notice of the inherent
27risk of farming must have been provided to an agricultural
28tourist prior to an alleged injury, loss, or death caused
29by the agricultural tourism farmer, agricultural tourism
30professional, or person engaged in farming the agricultural
31tourism farm.
322. A notice required by this section must have been posted
33on the premises of an agricultural tourism farm. The notice
34must have been posted in a conspicuous location where the
35agricultural tourist was first allowed to enter the premises of
-6-1an agricultural tourism farm. The notice must have appeared in
2black letters a minimum of one inch high and in the following
3form:
4IOWA AGRICULTURAL TOURISM PROMOTION ACT
5IOWA CODE CHAPTER 673A
6You are visiting a working farm as a participant who is
7either observing or contributing to the success of farming
8activities. Under Iowa law you are assuming liability for any
9hazard that you may encounter. A hazard includes inherent risk
10of participating in a farming activity or disregarding written
11or verbal instructions. Farming includes dangerous conditions
12present on land and in structures, unpredictable behavior
13of farm animals, dangers associated with the operation of
14equipment and machinery, and potential wrongful acts of another
15visitor. Be careful.
163. A notice required by this section must have been included
17in any written contract entered into by the agricultural
18tourist and either the agricultural tourism farmer or
19agricultural tourism professional. A notice required by
20this section must have been included in any written waiver
21which must be signed and dated by an agricultural tourist.
22The notice must have included the same language provided in
23subsection 2 and printed in twelve point boldface type.
24 Sec. 9. NEW SECTION. 673A.7 Limitation on liability —
25exceptions.
26The limitation on liability provided in section 673A.4 and
27the affirmative defense authorized under section 673A.5 do not
28apply to the extent that all of the following conditions are
29met:
301. An injury, loss, or death suffered by an agricultural
31tourist was caused by the act or omission of an agricultural
32tourism farmer, an agricultural tourism professional, or a
33person engaged in farming on the agricultural tourism farm.
342. The act or omission described in subsection 1 was any of
35the following:
-7- 1a. Illegal.
2b. Intentional.
3c. The result of willful misconduct, gross negligence or
4incompetence amounting to such lack of care as to amount to
5wanton neglect for the safety of another, or recklessness.
6d. Due to intoxication by alcohol, a drug, or a combination
7of such substances.
8e. The result of a failure to notify an agricultural
9tourist of a dangerous latent condition on the farm, including
10a building or other structure, or equipment or machinery
11regardless of whether it was operational, if the dangerous
12latent condition was known or should have been known by
13the agricultural tourism farmer or agricultural tourism
14professional.
15f. A condition or event existing at the agricultural
16tourism farm that was not reasonably foreseeable by a person
17generally familiar with farming, even though such condition or
18farming activity would have been foreseeable at another type
19of agricultural tourism farm.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill creates a new Code chapter 673A referred to as the
24“Iowa Agricultural Tourism Promotion Act” (new Code section
25673A.1). The bill limits the liability of certain persons
26involved in agricultural tourism on a farm (agricultural
27tourism farm) when a cause of action by a visitor to the farm
28(agricultural tourist) alleges an injury, loss, or death due
29to any of the following: (1) an inherent risk of farming
30associated with a farming activity, (2) the failure of the
31agricultural tourist to comply with an instruction while
32visiting the farm, or (3) the injury, loss, or death occurred
33at a place a reasonable person would not enter, which may be
34based on a posted notice (new Code section 673A.4).
35The bill provides that a farming activity includes both the
-8-1production or maintenance of a farm commodity (farm animals
2and crops) on the agricultural tourism farm and the on-farm
3processing of a farm commodity produced or maintained on that
4farm. The persons shielded from liability include a person
5who owns or leases the agricultural tourism farm (agricultural
6tourism farmer), a person engaged in managing the visit
7(agricultural tourism professional), and a person contributing
8labor or managerial decision making to the farm’s operation
9(person engaged in farming) (new Code sections 673A.3 and
10673A.4). As a condition of being able to plead an affirmative
11defense to liability, a notice must be posted in a conspicuous
12location where the agricultural tourist is first allowed to
13enter the premises. The notice must also be placed in any
14associated contract or waiver executed by the agricultural
15tourist (new Code section 673A.6).
16The bill provides for several exceptions to the shield
17from liability, including if an act or omission was illegal;
18intentional; the result of willful misconduct, gross negligence
19or incompetence, or recklessness; due to intoxication; due to a
20failure to notify an agricultural tourist of a dangerous latent
21condition on the farm; or due to a condition or event existing
22at the agricultural tourism farm that was not reasonably
23foreseeable (new Code section 673A.7).
24The bill provides that other statutes that shield liability
25for an act or omission may be asserted in addition to the
26shield created in the bill. This includes Code chapter 461C,
27which limits liability of landholders who make land available
28for recreational purposes and deer control, and Code chapter
29673, which limits liability of persons involved in sponsoring
30domestic animal events (e.g., fairs, rodeos, and expositions).
-9-da/ns
2agricultural tourism.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 461C.10 Limitation on liability.
2The limitation on legal liability provided in this chapter
3is in addition to any other limitation of legal liability
4otherwise provided by law, including as provided in chapters
5673 and 673A.
6 Sec. 2. NEW SECTION. 673.6 Limitation on liability.
7The limitation on legal liability provided in this chapter
8is in addition to any other limitation of legal liability
9otherwise provided by law, including as provided in chapters
10461C and 673A.
11 Sec. 3. NEW SECTION. 673A.1 Short title.
12This chapter shall be known and may be cited as the “Iowa
13Agricultural Tourism Promotion Act”.
14 Sec. 4. NEW SECTION. 673A.2 Purpose.
151. The general assembly finds all of the following:
16a. Agriculture is a vital part of this state’s economy,
17culture, and history.
18b. An increasing number of Iowans are removed from
19day-to-day farm life and associated agricultural experiences.
20c. Agricultural tourism provides a valuable opportunity
21for the general public to understand farm life and associated
22agricultural experiences.
23d. Farming includes a number of hazards which cannot
24be removed for the benefit of visitors to a farm without
25detracting from the farm experience visitors receive, including
26the daily experience of working on a farm.
272. The general assembly declares that uncertainty regarding
28the potential liability associated with places on a farm and
29the inherent risks of farming have a negative impact upon the
30establishment and success of agricultural tourism and its
31benefits to the people of this state.
32 Sec. 5. NEW SECTION. 673A.3 Definitions.
33As used in this chapter, unless the context otherwise
34requires:
351. “Agricultural tourism farm” means a farm to which
-1-1members of the public are invited to visit by or on behalf
2of an agricultural tourism farmer or agricultural tourism
3professional, for the purpose of allowing members of the public
4to experience places on a farm and participate in farming
5activities, regardless of whether a member of the public pays
6for the visit.
72. “Agricultural tourism farmer” means a farmer who owns or
8leases an agricultural tourism farm.
93. “Agricultural tourism professional” means a person who
10is engaged in managing a visit by a member of the public to an
11agricultural tourism farm, including any agricultural tourism
12activity conducted on the premises of an agricultural tourism
13farm, regardless of whether the person receives compensation.
144. a. “Agricultural tourist” means a person who enters
15on to the premises of an agricultural tourism farm as a
16visitor to experience places on the farm and participate in
17farming activities pursuant to an invitation by or on behalf
18of an agricultural tourism farmer or agricultural tourism
19professional, regardless of whether the person provides
20compensation in exchange for the visit.
21b. “Agricultural tourist” does not mean any of the
22following:
23(1) An employee of, agent of, or person receiving
24compensation from an agricultural tourism farmer, agricultural
25tourism professional, or person engaged in farming the
26agricultural tourism farm.
27(2) (a) A family member of an agricultural tourism farmer,
28agricultural tourism professional, or person engaged in farming
29the agricultural tourism farm.
30(b) As used in subparagraph division (a), “family member”
31means a spouse, child, grandchild, parent, sibling, niece, or
32nephew, or the spouse of a child, grandchild, parent, sibling,
33niece, or nephew.
34(3) A social guest of an agricultural tourism farmer,
35agricultural tourism professional, or person engaged in farming
-2-1the agricultural tourism farm.
25. “Claim” means a claim, counterclaim, cross-claim,
3complaint, cross-complaint, or cause of action recognized by
4the Iowa rules of civil procedure and brought in court on
5account of allegation of an injury, loss, or death.
66. a. “Farm” means land, including buildings or other
7structures, and improvements used to produce or process a farm
8commodity, if all of the following apply:
9(1) The land includes at least forty contiguous acres of
10land used for farming.
11(2) The land includes a homestead as defined in section
12425.17.
13(3) The land is owned or leased by a farmer.
14(4) At least ten thousand dollars was generated from the
15production of farm commodities produced on the land in the last
16year.
17b. “Farm” includes but is not limited to a farm field,
18orchard, nursery, greenhouse, garden, elevator, seedhouse,
19barn, warehouse, animal feeding operation structure, winery,
20brewery, distillery, or any personal property located on the
21land including machinery or equipment used in the production of
22a farm commodity.
237. “Farm animal” means any of the following:
24a. An animal belonging to the bovine, caprine, ovine,
25or porcine species; farm deer as defined in section 170.1;
26ostriches, rheas, or emus; turkeys, chickens, or other poultry;
27fish or other aquatic organisms confined in private waters for
28human consumption; or bees.
29b. A horse, pony, mule, jenny, donkey, or hinny.
308. “Farm commodity” means a farm crop or farm animal
31produced or maintained on a farm.
329. “Farm crop” means a plant used for food, animal feed,
33fiber, or oil, including any of the following:
34a. A forage or cereal plant, including but not limited to
35alfalfa, barley, buckwheat, corn, flax, forage, millet, oats,
-3-1popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses
2used for forage or silage.
3b. A fruit, including but not limited to apples, peaches, or
4grapes, a berry, a tuber, or a vegetable.
510. “Farmer” means a person who holds any of the following:
6a. An ownership or leasehold interest in land used for
7farming.
8b. An equity interest in a business entity that holds land
9for use in farming as any of the following:
10(1) A family farm corporation, authorized farm corporation,
11family farm limited partnership, limited partnership, family
12farm limited liability company, authorized limited liability
13company, family trust, or authorized trust, all as defined in
14section 9H.1.
15(2) A limited liability partnership as defined in section
16486A.101.
1711. “Farming” means to do any of the following:
18a. Produce a farm commodity, including by doing any of the
19following:
20(1) Planting, nurturing, maintaining, inspecting,
21exhibiting, harvesting, handling, storing, or moving a farm
22crop.
23(2) Producing, breeding, maintaining, handling, confining,
24moving, inspecting, or exhibiting a farm animal.
25b. Engage in an on-farm processing operation in which
26the form or condition of a farm commodity originating from
27the farm is changed and prepared or packaged for human use,
28including but not limited to a dairy, creamery, winery,
29brewery, distillery, cannery, bakery, butcher shop, smokehouse,
30or tannery.
3112. a. “Inherent risk of farming” means a danger or hazard
32that is an integral part of being in a particular place on a
33farm or participating in a specific farming activity, if the
34danger or hazard would be reasonably foreseeable by a person
35generally familiar with that type of farm or farming activity.
-4- 1b. “Inherent risk of farming” includes but is not limited
2to a condition or use of the land, including improvements, and
3any machinery, equipment, or tack, employed in the production
4or maintenance of farm commodities on the land, the processing
5of commodities on the same land as they were produced, and the
6behavior of farm animals or other domestic or wild animals
7which are present on the land.
813. “Person engaged in farming” means an individual
9contributing physical labor or making management decisions
10related to any of the following:
11a. The production or maintenance of a farm commodity on a
12farm.
13b. The on-farm processing of a farm commodity produced or
14maintained on that same farm.
15 Sec. 6. NEW SECTION. 673A.4 Limitation on liability —
16inherent risk of farming.
171. Subject to the conditions of this chapter, an
18agricultural tourism farmer, an agricultural tourism
19professional, or a person engaged in farming the agricultural
20tourism farm is not liable for any act or omission causing
21injury, loss, or death suffered by an agricultural tourist if
22all of the following apply:
23a. The injury, loss, or death was caused while the
24agricultural tourist was visiting the agricultural tourism
25farm.
26b. The act or omission that caused the injury, loss, or
27death was associated with an inherent risk of farming.
282. Subject to the conditions of this chapter, an
29agricultural tourism farmer, an agricultural tourism
30professional, or a person engaged in farming on the
31agricultural tourism farm is not liable for any injury, loss,
32or death suffered by an agricultural tourist, if any of the
33following apply:
34a. The agricultural tourist contributed to the injury,
35loss, or death of that agricultural tourist or to another
-5-1agricultural tourist.
2b. The agricultural tourist failed to comply with reasonable
3verbal or written instructions or warnings provided by
4the agricultural tourism farmer, the agricultural tourism
5professional, or a person engaged in farming.
6c. The injury, loss, or death occurred at a place where a
7reasonable person would not enter as part of a visit to the
8agricultural tourism farm. A legible and conspicuous notice
9that the place is not part of a visit is sufficient to satisfy
10this requirement.
11 Sec. 7. NEW SECTION. 673A.5 Limitation on liability —
12affirmative defense.
131. In any claim alleging an act or omission causing
14injury, loss, or death suffered by an agricultural tourist on
15an agricultural tourism farm, it is an affirmative defense
16that an agricultural tourism farmer, an agricultural tourism
17professional, or a person engaged in farming the agricultural
18tourism farm is not liable pursuant to section 673A.4.
192. The affirmative defense described in subsection 1 is in
20addition to any other limitation of legal liability otherwise
21provided by law, including as provided in chapters 461C and
22673.
23 Sec. 8. NEW SECTION. 673A.6 Limitation on liability —
24notice required.
251. As a condition of being able to plead an affirmative
26defense as provided in section 673A.5, a notice of the inherent
27risk of farming must have been provided to an agricultural
28tourist prior to an alleged injury, loss, or death caused
29by the agricultural tourism farmer, agricultural tourism
30professional, or person engaged in farming the agricultural
31tourism farm.
322. A notice required by this section must have been posted
33on the premises of an agricultural tourism farm. The notice
34must have been posted in a conspicuous location where the
35agricultural tourist was first allowed to enter the premises of
-6-1an agricultural tourism farm. The notice must have appeared in
2black letters a minimum of one inch high and in the following
3form:
4IOWA AGRICULTURAL TOURISM PROMOTION ACT
5IOWA CODE CHAPTER 673A
6You are visiting a working farm as a participant who is
7either observing or contributing to the success of farming
8activities. Under Iowa law you are assuming liability for any
9hazard that you may encounter. A hazard includes inherent risk
10of participating in a farming activity or disregarding written
11or verbal instructions. Farming includes dangerous conditions
12present on land and in structures, unpredictable behavior
13of farm animals, dangers associated with the operation of
14equipment and machinery, and potential wrongful acts of another
15visitor. Be careful.
163. A notice required by this section must have been included
17in any written contract entered into by the agricultural
18tourist and either the agricultural tourism farmer or
19agricultural tourism professional. A notice required by
20this section must have been included in any written waiver
21which must be signed and dated by an agricultural tourist.
22The notice must have included the same language provided in
23subsection 2 and printed in twelve point boldface type.
24 Sec. 9. NEW SECTION. 673A.7 Limitation on liability —
25exceptions.
26The limitation on liability provided in section 673A.4 and
27the affirmative defense authorized under section 673A.5 do not
28apply to the extent that all of the following conditions are
29met:
301. An injury, loss, or death suffered by an agricultural
31tourist was caused by the act or omission of an agricultural
32tourism farmer, an agricultural tourism professional, or a
33person engaged in farming on the agricultural tourism farm.
342. The act or omission described in subsection 1 was any of
35the following:
-7- 1a. Illegal.
2b. Intentional.
3c. The result of willful misconduct, gross negligence or
4incompetence amounting to such lack of care as to amount to
5wanton neglect for the safety of another, or recklessness.
6d. Due to intoxication by alcohol, a drug, or a combination
7of such substances.
8e. The result of a failure to notify an agricultural
9tourist of a dangerous latent condition on the farm, including
10a building or other structure, or equipment or machinery
11regardless of whether it was operational, if the dangerous
12latent condition was known or should have been known by
13the agricultural tourism farmer or agricultural tourism
14professional.
15f. A condition or event existing at the agricultural
16tourism farm that was not reasonably foreseeable by a person
17generally familiar with farming, even though such condition or
18farming activity would have been foreseeable at another type
19of agricultural tourism farm.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill creates a new Code chapter 673A referred to as the
24“Iowa Agricultural Tourism Promotion Act” (new Code section
25673A.1). The bill limits the liability of certain persons
26involved in agricultural tourism on a farm (agricultural
27tourism farm) when a cause of action by a visitor to the farm
28(agricultural tourist) alleges an injury, loss, or death due
29to any of the following: (1) an inherent risk of farming
30associated with a farming activity, (2) the failure of the
31agricultural tourist to comply with an instruction while
32visiting the farm, or (3) the injury, loss, or death occurred
33at a place a reasonable person would not enter, which may be
34based on a posted notice (new Code section 673A.4).
35The bill provides that a farming activity includes both the
-8-1production or maintenance of a farm commodity (farm animals
2and crops) on the agricultural tourism farm and the on-farm
3processing of a farm commodity produced or maintained on that
4farm. The persons shielded from liability include a person
5who owns or leases the agricultural tourism farm (agricultural
6tourism farmer), a person engaged in managing the visit
7(agricultural tourism professional), and a person contributing
8labor or managerial decision making to the farm’s operation
9(person engaged in farming) (new Code sections 673A.3 and
10673A.4). As a condition of being able to plead an affirmative
11defense to liability, a notice must be posted in a conspicuous
12location where the agricultural tourist is first allowed to
13enter the premises. The notice must also be placed in any
14associated contract or waiver executed by the agricultural
15tourist (new Code section 673A.6).
16The bill provides for several exceptions to the shield
17from liability, including if an act or omission was illegal;
18intentional; the result of willful misconduct, gross negligence
19or incompetence, or recklessness; due to intoxication; due to a
20failure to notify an agricultural tourist of a dangerous latent
21condition on the farm; or due to a condition or event existing
22at the agricultural tourism farm that was not reasonably
23foreseeable (new Code section 673A.7).
24The bill provides that other statutes that shield liability
25for an act or omission may be asserted in addition to the
26shield created in the bill. This includes Code chapter 461C,
27which limits liability of landholders who make land available
28for recreational purposes and deer control, and Code chapter
29673, which limits liability of persons involved in sponsoring
30domestic animal events (e.g., fairs, rodeos, and expositions).
-9-da/ns