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Senate File 210 - IntroducedA Bill ForAn Act 1barring claims against county or district fairs for
2damages arising out of the transmission of pathogens from
3certain animals housed on the fairgrounds.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 673.1, Code 2017, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 5A. “Domesticated animal pathogen”
4or “pathogen” means a microorganism, biological agent, or
5toxin causing disease, illness, or death to a human, if
6the microorganism, biological agent, or toxin is primarily
7transmitted by human contact with a domesticated animal, manure
8from a domesticated animal, or other excretions or body fluids
9from a domesticated animal.
10 NEW SUBSECTION. 5B. “Domesticated animal premises” or
11“premises” means a location under the management or control of a
12domesticated animal activity sponsor where domesticated animals
13are regularly kept for three or more consecutive hours.
14 Sec. 2. NEW SECTION. 673.4 Fairs — domesticated animal
15premises — liability.
161. A fair conducting a fair event under chapter 174 is not
17liable for damages arising from a claim by a spectator alleging
18injury or death caused by a domesticated animal pathogen
19transmitted at a domesticated animal premises located on the
20fairgrounds. This subsection applies regardless of whether
21a domesticated animal is present on the domesticated animal
22premises, when the domesticated animal pathogen is transmitted,
23or whether a domesticated animal present on the domesticated
24animal premises is engaged in a domesticated animal activity.
252. a. Subsection 1 does not apply to the extent that the
26spectator proves that the fair failed to post a warning sign
27at a conspicuous place at the domesticated animal premises as
28required in section 673.5.
29b. Proof of the fair’s failure to post a warning sign under
30paragraph “a” shall not constitute proof of a fair’s liability
31for damages alleged by a spectator as described in subsection
321.
33 Sec. 3. NEW SECTION. 673.5 Warning sign — notice.
34A fair conducting a fair event under chapter 174 shall post a
35warning sign at a conspicuous place on any domesticated animal
-1-1premises located on the fairgrounds. The warning sign shall be
2clearly visible to a person visiting the premises for the first
3time. The sign shall have a white background and the sign’s
4notice shall be printed in black letters a minimum of one inch
5high in the following form:
6WARNING
7DOMESTICATED ANIMAL PREMISES
8Under Iowa Code chapter 673, a county or district fair is
9not liable for a domesticated animal pathogen transmitted from
10this domesticated animal premises. Take necessary sanitary
11precautions including by not touching your face or consuming
12food or water until thoroughly cleansing and drying your hands
13after your visit. As soon as possible after your visit,
14thoroughly cleanse your hands using an appropriate soap and
15water and thoroughly dry them after cleansing.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19GENERAL. This bill provides that a county or district
20fair is not liable for damages sought by a person who alleges
21an injury or death caused by a pathogen transmitted from a
22location at a fair event where an animal is kept for more than
23three hours.
24TERMS. For purposes of the bill, a person visiting the
25location is referred to as a “spectator”. An animal is limited
26to livestock, domesticated deer, llamas, and rabbits and is
27referred to as a “domesticated animal”. A pathogen is a
28microorganism, biological agent, or toxin causing disease,
29illness, or death, carried by a domesticated animal, and is
30referred to as a “domesticated animal pathogen”. The location
31where the domesticated animal is kept is referred to as a
32“domesticated animal premises”.
33REQUIREMENTS. The bill requires a fair to post a
34conspicuously placed warning sign notifying spectators they
35must use necessary sanitary precautions during and after the
-2-1visit. The bill also provides that a fair’s failure to post
2the sign does not constitute proof of the fair’s liability.
3BACKGROUND. The bill amends Code chapter 673 which limits
4the liability of a person termed a “domesticated animal
5activity sponsor”, including a county or district fair, from
6being liable to a spectator for assuming inherent risks of
7physical injury or death caused by a domesticated animal while
8engaged in an activity normally associated with that animal
9(e.g., horseback riding), and referred to as a “domesticated
10animal activity”.
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2damages arising out of the transmission of pathogens from
3certain animals housed on the fairgrounds.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 673.1, Code 2017, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 5A. “Domesticated animal pathogen”
4or “pathogen” means a microorganism, biological agent, or
5toxin causing disease, illness, or death to a human, if
6the microorganism, biological agent, or toxin is primarily
7transmitted by human contact with a domesticated animal, manure
8from a domesticated animal, or other excretions or body fluids
9from a domesticated animal.
10 NEW SUBSECTION. 5B. “Domesticated animal premises” or
11“premises” means a location under the management or control of a
12domesticated animal activity sponsor where domesticated animals
13are regularly kept for three or more consecutive hours.
14 Sec. 2. NEW SECTION. 673.4 Fairs — domesticated animal
15premises — liability.
161. A fair conducting a fair event under chapter 174 is not
17liable for damages arising from a claim by a spectator alleging
18injury or death caused by a domesticated animal pathogen
19transmitted at a domesticated animal premises located on the
20fairgrounds. This subsection applies regardless of whether
21a domesticated animal is present on the domesticated animal
22premises, when the domesticated animal pathogen is transmitted,
23or whether a domesticated animal present on the domesticated
24animal premises is engaged in a domesticated animal activity.
252. a. Subsection 1 does not apply to the extent that the
26spectator proves that the fair failed to post a warning sign
27at a conspicuous place at the domesticated animal premises as
28required in section 673.5.
29b. Proof of the fair’s failure to post a warning sign under
30paragraph “a” shall not constitute proof of a fair’s liability
31for damages alleged by a spectator as described in subsection
321.
33 Sec. 3. NEW SECTION. 673.5 Warning sign — notice.
34A fair conducting a fair event under chapter 174 shall post a
35warning sign at a conspicuous place on any domesticated animal
-1-1premises located on the fairgrounds. The warning sign shall be
2clearly visible to a person visiting the premises for the first
3time. The sign shall have a white background and the sign’s
4notice shall be printed in black letters a minimum of one inch
5high in the following form:
6WARNING
7DOMESTICATED ANIMAL PREMISES
8Under Iowa Code chapter 673, a county or district fair is
9not liable for a domesticated animal pathogen transmitted from
10this domesticated animal premises. Take necessary sanitary
11precautions including by not touching your face or consuming
12food or water until thoroughly cleansing and drying your hands
13after your visit. As soon as possible after your visit,
14thoroughly cleanse your hands using an appropriate soap and
15water and thoroughly dry them after cleansing.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19GENERAL. This bill provides that a county or district
20fair is not liable for damages sought by a person who alleges
21an injury or death caused by a pathogen transmitted from a
22location at a fair event where an animal is kept for more than
23three hours.
24TERMS. For purposes of the bill, a person visiting the
25location is referred to as a “spectator”. An animal is limited
26to livestock, domesticated deer, llamas, and rabbits and is
27referred to as a “domesticated animal”. A pathogen is a
28microorganism, biological agent, or toxin causing disease,
29illness, or death, carried by a domesticated animal, and is
30referred to as a “domesticated animal pathogen”. The location
31where the domesticated animal is kept is referred to as a
32“domesticated animal premises”.
33REQUIREMENTS. The bill requires a fair to post a
34conspicuously placed warning sign notifying spectators they
35must use necessary sanitary precautions during and after the
-2-1visit. The bill also provides that a fair’s failure to post
2the sign does not constitute proof of the fair’s liability.
3BACKGROUND. The bill amends Code chapter 673 which limits
4the liability of a person termed a “domesticated animal
5activity sponsor”, including a county or district fair, from
6being liable to a spectator for assuming inherent risks of
7physical injury or death caused by a domesticated animal while
8engaged in an activity normally associated with that animal
9(e.g., horseback riding), and referred to as a “domesticated
10animal activity”.
-3-da/nh