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Senate File 362 - IntroducedA Bill ForAn Act 1barring claims against fairs for damages arising out of
2the transmission of pathogens from certain animals housed on
3the 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 NEW SUBSECTION. 6A. “Fair authority” means the Iowa state
15fair authority established in section 173.1 or a fair as
16defined in section 174.1.
17 NEW SUBSECTION. 6B. “Fairgrounds” mean real estate under
18the management or control of a fair authority, including land,
19buildings, and improvements, and which includes but is not
20limited to areas reserved for domesticated animal events or
21domesticated animal activities.
22 Sec. 2. NEW SECTION. 673.4 Fairs — domesticated animal
23premises — liability.
241. A fair authority is not liable for damages arising
25from a claim by a participant or spectator alleging injury or
26death caused by a domesticated animal pathogen transmitted at
27a domesticated animal premises located on its fairgrounds.
28This subsection applies regardless of whether a domesticated
29animal is present on the domesticated animal premises, when
30the domesticated animal pathogen is transmitted, or whether a
31domesticated animal present on the domesticated animal premises
32is engaged in a domesticated animal activity.
332. Subsection 1 does not apply to the extent that the
34participant or spectator proves that the fair authority
35failed to post a warning sign at a conspicuous place at the
-1-1domesticated animal premises as required in section 673.5.
2 Sec. 3. NEW SECTION. 673.5 Warning sign — notice.
3A fair authority shall post a warning sign at a conspicuous
4place on any domesticated animal premises located on the
5fairgrounds. The warning sign shall be clearly visible to a
6person visiting the premises for the first time. The sign
7shall have a white background and the sign’s notice shall be
8printed in black letters a minimum of one inch high in the
9following form:
10WARNING
11DOMESTICATED ANIMAL PREMISES
12Under Iowa Code chapter 673, the fair is not liable for a
13domesticated animal pathogen transmitted from this domesticated
14animal premises. Take necessary sanitary precautions including
15by not touching your face or consuming food or water until
16thoroughly cleansing and drying your hands after your visit.
17As soon as possible after your visit, thoroughly cleanse your
18hands using an appropriate soap and water and thoroughly dry
19them after cleansing.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23GENERAL. This bill provides that the state fair or a county
24or district fair is not liable for damages sought by a person
25who alleges an injury or death caused by a pathogen transmitted
26from a location at a fair where an animal is kept for more than
27three hours.
28TERMS. An animal is limited to livestock, domesticated
29deer, llamas, and rabbits and is referred to as a “domesticated
30animal”. A pathogen is a microorganism, biological agent,
31or toxin causing disease, illness, or death, carried by a
32domesticated animal, and is referred to as a “domesticated
33animal pathogen”. The location where the domesticated animal
34is kept is referred to as a “domesticated animal premises”.
35REQUIREMENTS. The bill requires a fair to post a
-2-1conspicuously placed warning sign notifying participants and
2spectators that they must use necessary sanitary precautions
3during and after the visit. The bill also provides that a
4fair’s failure to post the sign does not constitute proof of
5the fair’s liability.
6BACKGROUND. The bill amends Code chapter 673, which limits
7the liability of a person termed a “domesticated animal
8activity sponsor”, including the state fair or a county or
9district fair, from being liable to a spectator for assuming
10inherent risks of physical injury or death caused by a
11domesticated animal while engaged in an activity normally
12associated with that animal (e.g., horseback riding), and
13referred to as a “domesticated animal activity”.
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2the transmission of pathogens from certain animals housed on
3the 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 NEW SUBSECTION. 6A. “Fair authority” means the Iowa state
15fair authority established in section 173.1 or a fair as
16defined in section 174.1.
17 NEW SUBSECTION. 6B. “Fairgrounds” mean real estate under
18the management or control of a fair authority, including land,
19buildings, and improvements, and which includes but is not
20limited to areas reserved for domesticated animal events or
21domesticated animal activities.
22 Sec. 2. NEW SECTION. 673.4 Fairs — domesticated animal
23premises — liability.
241. A fair authority is not liable for damages arising
25from a claim by a participant or spectator alleging injury or
26death caused by a domesticated animal pathogen transmitted at
27a domesticated animal premises located on its fairgrounds.
28This subsection applies regardless of whether a domesticated
29animal is present on the domesticated animal premises, when
30the domesticated animal pathogen is transmitted, or whether a
31domesticated animal present on the domesticated animal premises
32is engaged in a domesticated animal activity.
332. Subsection 1 does not apply to the extent that the
34participant or spectator proves that the fair authority
35failed to post a warning sign at a conspicuous place at the
-1-1domesticated animal premises as required in section 673.5.
2 Sec. 3. NEW SECTION. 673.5 Warning sign — notice.
3A fair authority shall post a warning sign at a conspicuous
4place on any domesticated animal premises located on the
5fairgrounds. The warning sign shall be clearly visible to a
6person visiting the premises for the first time. The sign
7shall have a white background and the sign’s notice shall be
8printed in black letters a minimum of one inch high in the
9following form:
10WARNING
11DOMESTICATED ANIMAL PREMISES
12Under Iowa Code chapter 673, the fair is not liable for a
13domesticated animal pathogen transmitted from this domesticated
14animal premises. Take necessary sanitary precautions including
15by not touching your face or consuming food or water until
16thoroughly cleansing and drying your hands after your visit.
17As soon as possible after your visit, thoroughly cleanse your
18hands using an appropriate soap and water and thoroughly dry
19them after cleansing.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23GENERAL. This bill provides that the state fair or a county
24or district fair is not liable for damages sought by a person
25who alleges an injury or death caused by a pathogen transmitted
26from a location at a fair where an animal is kept for more than
27three hours.
28TERMS. An animal is limited to livestock, domesticated
29deer, llamas, and rabbits and is referred to as a “domesticated
30animal”. A pathogen is a microorganism, biological agent,
31or toxin causing disease, illness, or death, carried by a
32domesticated animal, and is referred to as a “domesticated
33animal pathogen”. The location where the domesticated animal
34is kept is referred to as a “domesticated animal premises”.
35REQUIREMENTS. The bill requires a fair to post a
-2-1conspicuously placed warning sign notifying participants and
2spectators that they must use necessary sanitary precautions
3during and after the visit. The bill also provides that a
4fair’s failure to post the sign does not constitute proof of
5the fair’s liability.
6BACKGROUND. The bill amends Code chapter 673, which limits
7the liability of a person termed a “domesticated animal
8activity sponsor”, including the state fair or a county or
9district fair, from being liable to a spectator for assuming
10inherent risks of physical injury or death caused by a
11domesticated animal while engaged in an activity normally
12associated with that animal (e.g., horseback riding), and
13referred to as a “domesticated animal activity”.
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