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    Senate File 362 - EnrolledAn Actbarring claims against fairs for damages arising out of
    the transmission of pathogens from certain animals housed on
    the fairgrounds.
    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       Section 1.  Section 673.1, Code 2017, is amended by adding
    the following new subsections:
       NEW SUBSECTION.  5A.  “Domesticated animal pathogen”
    or “pathogen” means a microorganism, biological agent, or
    toxin causing disease, illness, or death to a human, if
    the microorganism, biological agent, or toxin is primarily
    transmitted by human contact with a domesticated animal, manure
    from a domesticated animal, or other excretions or body fluids
    from a domesticated animal.
       NEW SUBSECTION.  5B.  “Domesticated animal premises” or
    “premises” means a location under the management or control of a
    domesticated animal activity sponsor where domesticated animals
    are regularly kept for three or more consecutive hours.
       NEW SUBSECTION.  6A.  “Fair authority” means the Iowa state
    fair authority established in section 173.1 or a fair as
    defined in section 174.1.
       NEW SUBSECTION.  6B.  “Fairgrounds” mean real estate under
    the management or control of a fair authority, including land,
    buildings, and improvements, and which includes but is not
    limited to areas reserved for domesticated animal events or
    domesticated animal activities.
       Sec. 2.  NEW SECTION.  673.4  Fairs — domesticated animal
    premises — liability.
       1.  A fair authority is not liable for damages arising
    from a claim by a participant or spectator alleging injury or
    death caused by a domesticated animal pathogen transmitted at
    a domesticated animal premises located on its fairgrounds.
    This subsection applies regardless of whether a domesticated
    animal is present on the domesticated animal premises, when
    the domesticated animal pathogen is transmitted, or whether a
    domesticated animal present on the domesticated animal premises
    is engaged in a domesticated animal activity.
       2.   Subsection 1 does not apply to the extent that the
    participant or spectator proves that the fair authority
    failed to post a warning sign at a conspicuous place at the
    -1-domesticated animal premises as required in section 673.5.
       Sec. 3.  NEW SECTION.  673.5  Warning sign — notice.
       A fair authority shall post a warning sign at a conspicuous
    place on any domesticated animal premises located on the
    fairgrounds. The warning sign shall be clearly visible to a
    person visiting the premises for the first time. The sign
    shall have a white background and the sign’s notice shall be
    printed in black letters a minimum of one inch high in the
    following form:
    WARNING
    DOMESTICATED ANIMAL PREMISES
    Under Iowa Code chapter 673, the fair is not liable for a
    domesticated animal pathogen transmitted from this domesticated
    animal premises. Take necessary sanitary precautions including
    by not touching your face or consuming food or water until
    thoroughly cleansing and drying your hands after your visit.
    As soon as possible after your visit, thoroughly cleanse your
    hands using an appropriate soap and water and thoroughly dry
    them after cleansing.
    ______________________________
    JACK WHITVERPresident of the Senate    ______________________________
    LINDA UPMEYERSpeaker of the House       I hereby certify that this bill originated in the Senate and is known as Senate File 362, Eighty-seventh General Assembly.______________________________
    W. CHARLES SMITHSONSecretary of the Senate    Approved _______________, 2017______________________________
    TERRY E. BRANSTADGovernor    da/nh